June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12005 HOUSE OF REPRESENTATIVES—Thursday, June 9, 2005

The House met at 10 a.m. minute and to revise and extend his re- Combine the five educational tax The Chaplain, the Reverend Daniel P. marks.) breaks to one tax break for higher edu- Coughlin, offered the following prayer: Mr. PITTS. Mr. Speaker, a 10-year- cation for $3,000 for everybody going to Eternal Father of all and well-spring old Knoxville, Tennessee child, Luke college; unify the various child credits of youthful dreams, bless the young Whitson, and some of his friends chose and earned income tax credit to a sin- women and men who have served these to read the Bible to each other during gle simplified tax family credit; sim- past months as pages of the U.S. House recesses instead of playing on the jun- plify the 16 different versions of the of Representatives. As their term of gle gym or kickball. Luke’s principal Tax Code for savings to one universal service comes to an end, inspire each of was not amused. She put a stop on this 401(k) pension; and, finally, encourage them with expansive hopes and fill terrible practice at once and told the homeownership. We should create a them with great aspirations to create students not to bring their Bibles to universal mortgage deduction for all powerful futures both for themselves school again. taxpayers. and for this Nation. Now, we expect principals to protect Mr. Speaker, we need a tax system We praise You and we thank You for kids from bullying and ensure a that reflects the American values and their families and all of those who have healthy learning environment. We do fosters the American Dream, not the mentored the pages in their program: not expect them to dictate issues of current system written by and for the their work, their school, and in their faith or, worse, mandate a faith-free special interests. dorm. May this experience of govern- environment. However, this principal is f ment at work deepen their commit- a ground soldier in a national cam- ment to learning and their ability to paign to remove faith, even voluntary SOCIAL SECURITY PROPERTY make friends with diverse people from expressions of it, from publicly funded RIGHTS across the Nation, forming them into programs and facilities. (Mr. MILLER of Florida asked and leaders for tomorrow. School children, all people, should was given permission to address the May the Members of Congress sur- have the right to read freely in their House for 1 minute and to revise and rounded by such youthful presence own free time, whether it is during re- extend his remarks.) grow in their tender understanding of cess at school or in the break room Mr. MILLER of Florida. Mr. Speaker, America’s young people, their needs, during lunch at work. as I listen to the national debate on their dreams, their problems, their val- Our government buys and provides Social Security reform, I am left won- ues, and their abilities. copies of the Koran and prayer rugs to dering why no one is talking about Ever-living Lord, help young and old terrorist prisoners at Gitmo. We expect America’s greatest principles, and that Americans alike develop skills to cross our soldiers to honor a terrorist’s right is property rights. the generational divide, that we may to worship freely, but will we stand for I get letters, e-mails, and phone calls all grow up to be one Nation under the right of an American child to do so every day from my constituents de- God. Amen. as well? Sounds like somebody is para- manding that I do not take away their f noid. guaranteed Social Security benefits. THE JOURNAL f That leads me to believe that our Na- tion’s citizens may not understand The SPEAKER. The Chair has exam- PRINCIPLES OF TAX REFORM that they really have no legal right to ined the Journal of the last day’s pro- (Mr. EMANUEL asked and was given their Social Security benefits. ceedings and announces to the House permission to address the House for 1 The Supreme Court ruled in his approval thereof. minute and to revise and extend his re- Flemming v. Nestor that there is no Pursuant to clause 1, rule I, the Jour- marks.) legal right to Social Security benefits. nal stands approved. Mr. EMANUEL. Mr. Speaker, we In the eyes of the Court, it is deemed a f have a tax system that is needlessly tax-and-spend program in which Con- PLEDGE OF ALLEGIANCE complicated and burdensome to the gress can change the rules regarding The SPEAKER. Will the gentleman middle class. It is time for funda- eligibility at any time, and it has mental tax reform that reflects the many times over in past years. That is from Arizona (Mr. FLAKE) come for- ward and lead the House in the Pledge values and the interests of all Ameri- how our current system works. of Allegiance. cans, not the special interests. Mr. Speaker, it is time for reform. It Mr. FLAKE led the Pledge of Alle- When President Bush announced his is time to give American taxpayers giance as follows: tax reform commission, he said his back their personal property rights. core principle was that it should not Personal accounts would give workers I pledge allegiance to the Flag of the United States of America, and to the Repub- hurt government revenues. true legal property rights to their con- lic for which it stands, one nation under God, Democrats believe that the core prin- tributions and their benefits. They indivisible, with liberty and justice for all. ciple of tax reform is that tax reform could not be raided to pay for other f should help the middle class achieve programs. Personal accounts are the their goals. Tax reform is about the ultimate lockbox. ANNOUNCEMENT BY THE SPEAKER middle class and economic growth, not f The SPEAKER. The Chair will enter- about government revenue. NATIONAL HEALTH INSURANCE tain up to 10 1-minute speeches on each In the last 4 years the Tax Code has side. been filled with special breaks for spe- (Mr. KUCINICH asked and was given f cial interests. At the same time, the permission to address the House for 1 tax burdens have shifted from the minute and to revise and extend his re- BANNING BOOKS wealthy to those who work, from divi- marks.) (Mr. PITTS asked and was given per- dend to wages. Mr. KUCINICH. Mr. Speaker, as so mission to address the House for 1 What should we do? many American families struggle with

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 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12006 CONGRESSIONAL RECORD—HOUSE June 9, 2005 the rising costs of health care and with intelligence authorization bill from the Wheldon’s winning highlight was a dra- the unavailability of health care, I floor today because the leadership here matic pass of the sensational rookie think it is important to keep in mind is doing the dirty work of Defense Sec- Danica Patrick with only six laps left that roughly one-third of every health retary Rumsfeld. in the race. care dollar goes to wasteful adminis- We all know that Rumsfeld was Although Danica Patrick may not tration and profit. The result is that against the intelligence reforms that have won, she made history. Danica we pay more for our health care than the 9/11 Commission suggested, and Patrick of Rahal-Letterman finished in any other industrialized country by a now he is trying to prevent those re- fourth place, the best finish ever for a wide margin. forms from moving forward. The Re- woman. Since American businesses are the publican leadership is keeping the in- b 1015 main provider of health care in the telligence bill from coming to the floor She also had the highest starting po- United States, they bear the burden today because Secretary Rumsfeld does sition for a woman and was the first and it is hurting their competitiveness. not want to give up any intelligence woman to lead a lap at the Indianapolis How do we know? Our competition tells control to new Intelligence Director 500. us so. Negroponte. I would like to congratulate Dan The CEO of the Ford Motor Company Let us be clear, Secretary Rumsfeld Wheldon, Danica Patrick and the en- of Canada, the president and CEO of and the Republican leadership are pre- tire field of 33 drivers, their racing GM Canada, and the CEO of venting intelligence reform that could teams, the Indianapolis Racing League DaimlerChrysler Canada had this to make our Nation safer than it is today. and the Indianapolis Motor Speedway say in a 2002 letter: ‘‘Publicly funded The 9/11 commissioners warned us for a spectacular race. Congratulations health care thus accounts for a signifi- earlier this week that time is not on again. cant portion of Canada’s overall labor our side. It is time the House Repub- cost advantage in auto assembly, lican leadership stops listening to f versus the U.S. which in turn has been Rumsfeld and starts listening to the 9/ ONE THING I KNOW FOR CERTAIN a significant factor in maintaining and 11 Commission so we can finally begin (Mrs. BLACKBURN asked and was attracting new auto investment to to protect our Nation. given permission to address the House Canada.’’ f for 1 minute and to revise and extend The time has come for national SHELF LIFE FOR PRESCRIPTION her remarks.) health insurance. DRUGS Mrs. BLACKBURN. Mr. Speaker, as a f former small business owner, one thing (Mr. MURPHY asked and was given HEALTH CARE COSTS that I know for certain is that there is permission to address the House for 1 not a nation on this earth that has ever (Mr. PRICE of Georgia asked and was minute.) taxed itself into prosperity. Raising given permission to address the House Mr. MURPHY. Mr. Speaker, so often taxes and increasing regulation abso- for 1 minute.) people come to this Chamber and say lutely does not create economic Mr. PRICE of Georgia. Mr. Speaker, the way we deal with health care costs growth. It is a guarantee that you are America’s health care system is indeed is to change who pays. What we need to going to get less of what you want. We in need of fixing on so many levels. talk about is what we are paying for. know that by reducing regulation and You can lose count of the number of The Department of Defense Extended reducing taxes that we see economic problems that it has. One of the major Shelf Life Program evaluated over 312 growth and we see jobs growth. issues is cost. drug products and found that even Mr. Speaker, America has now recov- Recent studies show that the average though they were given a date of shelf ered economically from the tragedy of American pays close to $4,000 a year on life, many of them maintain their sta- September 11. We have grown our econ- health care. However, that figure pales bility, safety and potency up to as omy out of recession and passed the in comparison to the $11,000 that much as an additional 107 months past tremendous blow on September of 2001, health care costs for America’s seniors their expiration dates. and we did it by reducing regulation each. For the $3.9 million the military and lowering taxes, by working to The last time this study was con- spent on stability testing on expired change the budget process, by reducing ducted in 1989, the average cost was drugs, it saved $263 million. These are what the Federal Government spends, only $2,200. Health care has become big savings worth exploring, and I would with the budget we have passed this business and big government, and pa- urge my colleagues to support careful year, by beginning to root out waste, tients are further removed from their scientific review of expiration dates for fraud and abuse and being aggressive in doctors. Decisions that should be made prescription drugs and ask if the sav- that. In other words, we are working to between doctors and patients are now ings gained by the military can be ap- make America competitive. being decided many times by somebody plied to general health care spending. Mr. Speaker, I salute our Republican else. Rising costs affect everyone: pa- My colleagues can learn more about leadership for their commitment to tients, doctors, and even small busi- these ideas for savings and health care this. nesses that can no longer afford health by visiting my Web site at Mur- f insurance for their employees. phy.house.gov and continue to change Regardless of who pays, patients the way we look at health care to what DISBAND THE CURRENT COM- should have a choice when it comes to we are paying for. MITTEE ON STANDARDS OF OF- FICIAL CONDUCT their health care, plain and simple. H. f Res. 215 would do just that. As we move (Mr. WESTMORELAND asked and INDIANAPOLIS 500 forward, we must be on the patients’ was given permission to address the side; they know what is best for them- (Ms. CARSON asked and was given House for 1 minute and to revise and selves. permission to address the House for 1 extend his remarks.) f minute.) Mr. WESTMORELAND. Mr. Speaker, Ms. CARSON. Mr. Speaker, I rise in fairness to Members of this body PROTECT OUR NATION today to commemorate the 89th run- who have been subjected to a cloud of (Mr. PALLONE asked and was given ning of the greatest spectacular in rac- suspicion over ethics allegations, I rise permission to address the House for 1 ing, the Indianapolis 500 held at Indian- today to call for the House to disband minute and to revise and extend his re- apolis Motor Speedway. the current Committee on Standards of marks.) Congratulations to the winner, Dan Official Conduct and reconstitute it as Mr. PALLONE. Mr. Speaker, the Wheldon of Andretti-Green Racing, a panel that can convene and hear the House Republican leadership pulled the whose victory was not an easy one. cases pending before it.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12007 A report in the Washington Post more blood, more bloodshed and loss of and others to bring worthy Cubans here today says the committee may be inac- life? We cannot afford it. The African to the United States to study and help tive for months and it may not take up Union must be sent. We must stop the reverse the tide recently of less contact politically charged accusations against bloodshed in Sudan and return the peo- with the Cuban people, to actually a high-ranking leader until next year, ple to their land. have more contact. which just happens to be an election f This is significant. Again, I pay trib- year. ute to the gentleman from Illinois (Mr. JOBS AND THE ECONOMY The Post says, ‘‘Democrats are hop- HYDE) and the gentlewoman from Flor- ing to gain political advantage from in- (Mr. GINGREY asked and was given ida (Ms. ROS-LEHTINEN) for working vestigations into DELAY’s activities permission to address the House for 1 with me on this. and overseas travel and his ties to lob- minute and to revise and extend his re- f byist Jack Abramoff.’’ marks.) Even the Democratic-friendly Wash- Mr. GINGREY. Mr. Speaker, I rise AGRICULTURE APPROPRIATIONS ington Post sees the political calcula- today to commend Congress on its suc- AND COOL LEGISLATION tions behind the minority’s tactics. cessful, pro-growth economic agenda. (Ms. FOXX asked and was given per- The Committee on Standards of Offi- In the last month alone, the United mission to address the House for 1 cial Conduct is stalled by a partisan States economy created 78,000 new minute and to revise and extend her re- logjam, and I see only one way to jobs. Take the last 2 years into ac- marks.) unplug it: reconstitute the panel with count, and our economy has created Ms. FOXX. Mr. Speaker, I rise today Members resolved to work together so more than 3.5 million jobs. to acknowledge the important work that it can move forward with its Mr. Speaker, this growth can be par- this body undertook last night by pass- work. If this good-faith effort fails tially credited to the good legislation ing the fiscal year 2006 Agriculture Ap- again, the House needs to install a Re- Congress has passed, legislation that propriations Act. This bill took an im- publican majority on the committee so lowers taxes, lets Americans keep more portant step toward helping the farm- that the wheels of good government of their hard-earned money, reduces ers of America and my district in can turn once more. unnecessary regulation, supports our North Carolina. Farmers are the back- Mr. Speaker, this body rescinded the ethics small businesses, and, above all, it en- bone of our communities, and we must rules passed earlier this Congress to appease courages economic growth. provide the resources they need. My the minority’s demands. Yet, the minority party Our policies are working. More Amer- colleagues and I worked hard to exer- continues to obstruct the objectives of the Eth- icans hold jobs today than ever before. cise fiscal restraint on this bill without ics Committee at every turn. Homeownership is at a near record cutting those programs crucial to help- I believe the Republican majority should level, with nearly 70 percent of Amer- ing farmers. I feel strongly the bill we pass whatever rules necessary so the com- ican families owning their own homes. passed yesterday did just that. mittee can and will act fairly to hear the pend- Small businesses continue to flourish, I would also like to thank this body ing cases before it—cases that involve both and our economy is showing steady for voting to uphold a provision that Republicans and Democrats. growth. delays the country-of-origin labeling Members accused of violations deserve a Mr. Speaker, it is clear that our eco- process until it can be dealt with cor- chance to make their cases and perhaps clear nomic agenda is the right solution for rectly, through current proposed legis- their names. American families. We will continue lation. This delay will allow my col- f passing good legislation to build a leagues and me on the House Com- stronger economy for all Americans. mittee on Agriculture time to com- WE MUST STOP THE BLOODSHED f plete our work on H.R. 2068, the Meat IN SUDAN Promotion Act of 2005 sponsored by the PAYING TRIBUTE TO THE HON. (Ms. JACKSON-LEE of Texas asked gentleman from Virginia (Chairman HENRY HYDE AND THE HON. and was given permission to address GOODLATTE). ILEANA ROS-LEHTINEN the House for 1 minute and to revise H.R. 2068 will establish a market- and extend her remarks.) (Mr. FLAKE asked and was given driven, cost-effective, voluntary COOL Ms. JACKSON-LEE of Texas. Mr. permission to address the House for 1 program for meat such as beef, poultry Speaker, I applaud the meeting be- minute and to revise and extend his re- and pork. tween the Prime Minister of Britain marks.) f and this administration. Mr. FLAKE. Mr. Speaker, I rise If one thing has come out of that today to pay tribute to the gentleman PRODUCTIVITY OF THE 109TH meeting beyond the need for the $50 from Illinois (Mr. HYDE), the chairman CONGRESS TO DATE billion for the restoration of the con- of the Committee on International Re- (Mr. BURGESS asked and was given tinent of Africa, it is that we must act lations, and also the gentlewoman from permission to address the House for 1 now to stop the bleeding, the bloodshed Florida (Ms. ROS-LEHTINEN), who minute and to revise and extend his re- and the brutality in Darfur and Sudan. worked with me yesterday to attach an marks.) This week is the 10th year recogni- amendment to the State Department Mr. BURGESS. Mr. Speaker, with all tion commemoration of the million authorization bill to allow some of the of the negative press these days, one of that died in Rwanda, and we are re- funding that we provide to the State the big stories that has been missed is minded that they died because of our Department to be spent on scholarships how productive this Congress has been nonaction, our inertia, our refusal to and other programs for Cubans. since the first of the year. In fact, this accept the fact that people were being For years, we have spent hundreds of may be one of the most productive brutalized and killed. The U.S. did not millions of dollars at the State Depart- Congresses this country has seen since act. ment on public diplomacy programs the Second World War. It is important that military assist- that have helped individuals in coun- Let me go through with my col- ance be sent to Sudan now and that the tries transitioning to a democracy. Yet leagues very quickly the 20 pieces of President of Chad be included in this Cuba has been excluded from this. If major legislation we have passed this process for the 300,000 refugees that are there is any country that needs this year and the five appropriations bills languishing in Chad without any re- help and a people that need this help, it we have passed since the beginning of sources from around the world. is the country of Cuba. the year. The United States must act, the Con- So now the State Department has We passed a class action fairness bill. gress must act. A declaration of geno- been directed to spend at least $5 mil- We passed a highway bill and energy cide has already been declared. Do we lion in Fulbright scholarships, Ben Gil- bill and our budget and the Real ID want another Rwanda on our hands, man scholarships, Truman scholarships Act, which will strengthen our borders,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12008 CONGRESSIONAL RECORD—HOUSE June 9, 2005 and a bill for broadcast decency. We As a member of the World Trade Or- tion a message and a wake-up call that passed a continuity of the Congress ganization, the United States is one of our current trade policies have failed bill, gang deterrence, funding for first 148 member countries. Our role in this and need to be completely rethought so responders, vocational and technical global body is tremendously important, that they represent the needs of the funding, homeland security. We have not only for the future of the United middle class and working families of repealed estate tax for the second time, States trade but for the continuation our country and not just the CEOs of spyware prevention, bankruptcy bill, of global trade liberalization. large corporations. core blood registry, stem cell funding, As the world’s leading economy, the Mr. Speaker, international trade is a restrictions on interstate transport for largest economy that has ever been on good thing, if implemented properly, minors seeking abortions, job training. the face of this earth, we all too often but the evidence is overwhelming that Under appropriations, Homeland Se- focus our attention on the aspects of our current trade policies, including curity, Interior, funding for the mili- trade we disagree with. When Members NAFTA, including permanent normal tary quality of life and the Agriculture of Congress meet with our inter- trade relations with China, and the bill yesterday, plus the supplemental national counterparts, we spend a large current roles of the WTO are not work- earlier in the year, a tremendous amount of time discussing specific ing for average Americans, they are record of accomplishment that this trade barriers and little time sup- not working for the environment, and Congress could be proud of on a bipar- porting the broad range of cooperation they are not working for human rights. tisan basis because most of those bills and successes that we may share. If we do not fundamentally change did pass with a significant number of Continued membership in the World those policies, we can only expect more Democratic votes. Trade Organization will allow the of the same. f United States the opportunity to con- The WTO was signed in 1995, and our tinue cooperating as we work towards current support of unfettered free trade WITHDRAWING APPROVAL OF THE free trade benefiting United States has gone on for some 30 years. And UNITED STATES FROM AGREE- consumers, farmers, manufacturers and what has been the result of those poli- MENT ESTABLISHING THE firms. cies for the middle class of this coun- WORLD TRADE ORGANIZATION Currently, the World Trade Organiza- try? Let us discuss it. Mr. SHAW. Mr. Speaker, pursuant to tion is negotiating the Doha Round. In a period in which technology has House Resolution 304, I call up the Congress has been deeply involved with exploded, in a period in which worker joint resolution (H.J. Res. 27) with- the administration as the Round con- productivity has significantly in- drawing the approval of the United tinues to move forward. It is tremen- creased, we would think that the mid- States from the Agreement estab- dously importantly that we remain ac- dle class would be better off. lishing the World Trade Organization, tive in these negotiations and push for b 1030 and ask for its immediate consider- a completed Doha. ation. Finally, I congratulate Mr. Pascal But the economic reality today is The Clerk read the title of the joint Lamy of France on his selection as the that what every American knows is resolution. new World Trade Organization Director that the middle class of this country is The text of H.J. Res. 27 is as follows: General. I am hopeful his abilities will collapsing. Poverty is increasing, and H.J. RES. 27 enable the World Trade Organization to the gap between the rich and the poor Resolved by the Senate and House of Rep- balance the concerns of its members. I is wider today than at any time since resentatives of the United States of America in look forward to working with him in the 1920s. Are our disastrous trade poli- Congress assembled, That the Congress with- the future. cies the only reason for this? No. But draws its approval, provided under section Finally, Mr. Speaker, it is my strong they are an extremely important part 101(a) of the Uruguay Round Agreements view that the United States greatly of that equation, and that is for sure. Act, of the WTO Agreement as defined in sec- benefits from our continued participa- Mr. Speaker, in 1995 when the WTO tion 2(9) of that Act. tion in the World Trade Organization. was established, our trade deficit was The SPEAKER pro tempore (Mr. Mr. Speaker, I reserve the balance of $96 billion. Today our trade deficit is a REHBERG). Pursuant to House Resolu- my time. record-breaking $617 billion and is on tion 304, the gentleman from Florida Mr. SANDERS. Mr. Speaker, I yield pace to become $700 billion next year. (Mr. SHAW), the gentleman from Mary- myself such time as I may consume. Our trade deficit with China alone is land (Mr. CARDIN), the gentleman from Mr. Speaker, let me begin by men- $162 billion. Texas (Mr. PAUL), and the gentleman tioning that this is a tripartisan reso- Mr. Speaker, while some of my col- from Vermont (Mr. SANDERS) each will lution, and I want to thank our cospon- leagues are going to extol all of the control 30 minutes. sors: the gentleman from Oregon (Mr. wonderful virtues of unfettered free The Chair recognizes the gentleman DEFAZIO), the gentleman from Ten- trade, perhaps they can explain why in from Florida (Mr. SHAW). nessee (Mr. DUNCAN), the gentleman the last 4 years alone we have lost 2.8 GENERAL LEAVE from Arizona (Mr. GRIJALVA), the gen- million good-paying manufacturing Mr. SHAW. Mr. Speaker, I ask unani- tleman from Indiana (Mr. jobs, one out of six in this country. One mous consent that all Members may HOSTETTLER), the gentleman from out of six in the last 4 years. In my own have 5 legislative days within which to North Carolina (Mr. JONES), the gen- small State of Vermont, we have lost revise and extend their remarks and in- tleman from Ohio (Mr. KUCINICH), the 20 percent of our manufacturing jobs in clude extraneous material on H.J. Res. gentleman from Texas (Mr. PAUL), the the last 5 years. Many people know 27, the joint resolution under consider- gentleman from Wisconsin (Mr. SEN- that General Motors has just an- ation. SENBRENNER), the gentleman from nounced they are going to lay off an- The SPEAKER pro tempore. Is there Michigan (Mr. STUPAK) and the gen- other 25,000 American workers. GM is objection to the request of the gen- tleman from Colorado (Mr. TANCREDO). producing cars in China, and there is tleman from Florida? I thank them very much for their sup- some reason to fear that in 10 or 20 There was no objection. port. years, Detroit and automobile produc- Mr. SHAW. Mr. Speaker, I yield my- Mr. Speaker, I do not have any great tion in this country will be diminished self such time as I may consume. illusions that this resolution will win as car manufacturing moves to China. Mr. Speaker, this morning the House today. When the gentleman from Texas When my friends come up here and considers the withdrawal of the United (Mr. PAUL) offered it 5 years ago, it they tell us how great free trade is for States from the World Trade Organiza- only received 56 votes. I hope, however, our economy, I want them to explain tion. I strongly oppose this resolution that as many Members as possible will why real inflation accounted for wages and urge my Members to join me in vote for it today for one simple reason. in the United States today is 7 percent this opposition. It is time to send the Bush administra- lower than they were in 1973 for the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12009 bottom 90 percent of workers. And why Mr. Speaker, I reserve the balance of be wrong for us to withdraw. We want is it that million of workers today in my time. a rules-based system, but we want to Vermont and throughout this country Mr. CARDIN. Mr. Speaker, I yield strengthen that system. are forced to work two or three jobs myself such time as I may consume. Mr. Speaker, quite frankly, I think just to keep their heads above water if Mr. Speaker, let me first point out to we should be spending more time talk- free trade and globalization are all so those who may be following this debate ing about the Doha Round. That is the great? why we are here today. I am sure peo- next stage of trying to move inter- When my friends talk about the so- ple are wondering why we have a reso- nationally under the WTO to expand called robust economy that has been lution on the floor that would with- opportunity for American manufactur- created, perhaps they can explain to us draw us from the WTO and how that ers, farmers, and producers. The so- why 4 million more Americans now live comes to the floor from a recommenda- called Doha Development Agenda nego- in poverty than just 4 years ago, 4 mil- tion of the committee of jurisdiction tiations have reached a critical phase. lion more Americans in poverty; and that it be reported unfavorably, that It is generally agreed that in order to why incredibly there are 24,000 fewer is, that we vote against this resolution. have a successful meeting of the min- private sector jobs now than when The reason we have this resolution isters this December in Hong Kong, the George Bush first took office. If our before us is that 10 years ago we passed members of the WTO will have to come trade policies are so successful, how legislation to gain access to the WTO. to a significant level of agreement by could we have experienced an unprece- At that time Bill Clinton was the July on three key areas. dented net loss of private sector jobs President of the United States. Con- First, agriculture. I must tell the over the last 5 years? The only new net gressman Gingrich thought it was im- Members I am concerned we have not jobs that have been created by the portant that because the legislative made anywhere near the progress on Bush administration have been govern- branch of government is the branch re- agriculture that we need to do. I wel- ment jobs, 917,000 of them. Maybe the sponsible for trade that there be a re- comed the announcement last week Republican Party is becoming the view process every 5 years as to wheth- that the next director-general of the party of big government and creating er we should remain within the WTO, WTO will be Pascal Lamy, the former government jobs, but certainly it has to give Congress the ability to exercise trade commissioner of EU, who comes not been private sector jobs that free its constitutional responsibility to from France. Obviously, Mr. Lamy will trade is supposed to create. oversight and be responsible for trade. have a special burden to demonstrate Today the gap between the rich and At that time, Mr. Speaker, I must tell that he can make progress in this area the poor is growing wider. The richest the Members I had certain concerns as where the European Union has been so 1 percent of our population now own to why we would want to have basi- outrageous in its subsidies. We need to more wealth than the bottom 90 per- cally a nuclear option in pulling out narrow that gap. We will wait to see cent, and unfettered free trade has only from the WTO. whether, in fact, that can be accom- made that worse. The gap between the Today, I am pleased that we can re- plished. rich and the poor more than doubled view the WTO because I think it is im- The second area is in manufactured from 1979 to 2000. According to the In- portant for us to have a debate as to goods. There are two challenges here: stitute for International Economics, 39 where we are in the WTO. I would sug- tariff reductions particularly by the percent of the increase in income gest, though, we should have a more advanced developing countries and the equality is due to unfettered free trade. Further and most ominously, if our sophisticated review process than just elimination of the so-called nontariff present trade and economic policies to vote to withdraw from the WTO. As barriers, the NTBs. And in both of continue, the likelihood is that the the ranking Democrat on the Trade these areas, much work remains to be next generation will be the first in the Subcommittee working with the gen- done if we are going to have a success- modern history of the United States to tleman from Florida (Mr. SHAW), we ful Doha Round. I am particularly con- have a lower standard of living than we very much oppose this resolution and cerned about the negotiations on the do. According to a recent report from urge the rejection of the resolution. We NTBs which lie far behind at this time. the Department of Labor’s Bureau of believe it is in the interest of the This is a critical area for U.S. manu- Labor statistics, over the next decade, United States to be in a rules-based facturing, particularly in large mar- seven out of the 10 fastest-growing oc- trading system and to withdraw from a kets such as Japan, Korea, and China. cupations will be low-paying, low- rules-based trading system would be And, finally, in the area of services, skilled jobs that do not require a col- folly, it would be wrong. Do we need to we are far behind where we should be in lege education. Is that what free trade improve it? Yes, we do need to improve expanding opportunity for services by is giving to our kids, jobs at Wal-Mart, the WTO. Can we strengthen it? Yes, U.S. companies in other markets. I jobs at McDonald’s, while the General we need to strengthen it. hope that our negotiators will be able Motors jobs, the General Electric jobs Quite frankly, I think that we should to make up for lost time in the next are going to China? be working more aggressively with our couple of months so that an ambitious Mr. Speaker, it is not only blue col- trading partners to enforce our exist- services package will be approved in lar jobs that we are on the cusp of los- ing trade rules. When we see the ma- Hong Kong. ing. Millions of white collar informa- nipulation of currency by China and we There is one other area I want to tion technology jobs are also on the take no action against it, that is mention, Mr. Speaker, as we review our line to go to China and India. Andy wrong. When we see other countries in- participation in the WTO, and that is Grove, the founder of Intel, predicts fringe on our intellectual property the dispute settlement system. The dis- that the United States will lose the rights and we do not enforce our exist- pute settlement system is absolutely bulk of its information technology to ing rules to make sure that we do not critical to a successful WTO. I must jobs to China and India within the next allow the stealing of our intellectual tell the Members I have major con- decade. property rights, that is wrong. When cerns as to how the dispute resolution Mr. Speaker, the bottom line of this we see Europe provide subsidies for ev- system is working within the WTO. debate, and I want my friends to an- erything from aircraft to agriculture Under the old GATT system, silence in swer this, is that American workers products and we do not take efficient an agreement meant that a country should not be asked to compete against action against them, that is wrong. could do what it deemed appropriate. desperate people in China who make 30 When we do not enforce our own anti- Under the decisions of the appellate cents an hour and who go to jail when dumping laws which are permitted to body and the panels of the WTO, si- they stand up for their political rights. be enforced to stop the surge of prod- lence has been altered to mean that the That is not what we should be engaged ucts into this country, that is wrong. appellate body and panels do what they in. The race to the bottom has been a So, Mr. Speaker, I do think we need think is appropriate. That is just disaster for the middle class. to strengthen these laws, but it would wrong.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12010 CONGRESSIONAL RECORD—HOUSE June 9, 2005 The number of cases are disturbing. President of the United States. I was allies, because I come at it from a free In 33 cases brought against the United opposed to it when Mr. Clinton asked trade position. States since 1995, panels or the appel- for it. I was opposed to it when Mr. I happen to believe in minimum tar- late body have overreached, over- Bush asked for it. And let me tell the iffs, if any, but I do not believe that reached, in 22 of them. That is two- Members what has happened since the process of the WTO and world gov- thirds. We need to have a way to re- trade promotion authority, August of ernment is a good way to do it. I do not view what the appellate body and dis- 2002. think the WTO achieves its purpose, and I do not think it is permissible pute resolution panels are doing, and b 1045 we are not doing that. under the Constitution. Therefore, I The consequences of this over- North Carolina has lost over 52,000 strongly argue the case that, through reaching are clear. In 10 years the WTO manufacturing jobs, and the United the process, that we should defend the has not affirmed a single safeguard States has lost over 600,000 manufac- position of the Congress which gives us measure as applied by the United turing jobs. the responsibility of dealing with inter- States or any other country. In trade Let me take just a moment to talk national trade, with international for- remedy cases involving the United about how WTO membership strips eign commerce. That is our responsi- States, anti-dumping duties, counter- American sovereignty. If the United bility. We cannot transfer that respon- vailing duty measures, and safeguard States does not change its laws to suit sibility to the President, and we can- cases, the WTO has upheld the United WTO, then America’s businesses and not transfer that responsibility to an States decision in two of 17 cases. That consumers face trade sanctions. Trade international government body. is an 88 percent loss ratio, clearly one disputes are decided by international Therefore, there are many of us who that we need to take a better look at. panels that are hand-picked by the ally together to argue that case, al- A growing number of observers are WTO. The identities of panel members though we may have a disagreement on coming to recognize that the extraor- are kept secret, and deliberations are how much tariffs we should have, be- dinary loss rate is because the WTO kept confidential. These WTO panels cause the Congress should decide that. panels and its appellate body do not re- have ruled in favor of the United We could have no tariffs; we could have spect the letter of the WTO agreements States less than one-third of the time. a uniform tariff, which the Founders and are filling in the gaps beyond what They have ruled in favor of the United believed in and permitted; or we could the U.S. negotiators agreed to in the States less than one-third of the time. have protective tariffs, which some of Uruguay Round. WTO panel rulings go far beyond those individuals on our side defend, Mr. Speaker, I mention this because trade. In fact, the WTO panel recently and I am not that much interested in. this is another area that we have to found a Utah law prohibiting Internet But the issue that unifies us is who make up for lost ground in our negotia- gambling to be illegal. What will the should determine it. For me, the deter- tions under the WTO. So make no mis- WTO do next? mination should be by the U.S. Con- take about it, we should reject this res- Let me quote from Robert Stumberg, gress and not to defer to an inter- olution overwhelmingly because it is in a trade law expert at Georgetown Uni- national government body. the interest of the United States to versity, from Business Week, March 7, Now this always bewilders me, when participate in a rules-based inter- 2005. I quote: ‘‘If Bush successfully en- my conservative friends and those who national trading system. I represent a gineers the introduction of private So- believe in limited government are so community that includes the port of cial Security accounts, WTO rules anxious to deliver this to another giant Baltimore. I want products coming would require the feds to let foreign international body. For instance, the into the United States. I also want money managers and insurers bid to WTO employs over 600 people. Free products leaving the United States manage them.’’ trade, if you are interested in free through the port of Baltimore. It is im- How far do we have to go before we trade, all you have to do is write a sen- portant for our economy. But we have give up the sovereignty of this Nation? tence or two, and you can have free to do a better job in our negotiations I do not know about you, Mr. Speaker, trade. You do not need 600 bureaucrats. within the WTO, and that is what we but I think letting the Chinese manage It costs $133 million to manage the need to concentrate on. That is what American Social Security accounts is a WTO every year. Of course, we pay the we need to work together on. And if we bad idea. Unfortunately, under WTO, biggest sum, over $25 million for this, do that, it will be a win-win for this there is little we can do to prevent it. just to go and get permission or get our Nation. We will be able to increase jobs We have already outsourced 1.5 million instructions from the WTO. through manufacturing, through pro- jobs since 1989 to the Chinese. We do We all know that we raised taxes not duction, and through farming. not need to give control over to the too long ago, not because the American Mr. Speaker, I reserve the balance of Chinese of Social Security accounts in people rose up and called their Con- my time. America. gressmen and said we wanted you to re- Mr. PAUL. Mr. Speaker, I first yield Mr. Speaker, before I close, I want to peal this tax and change the taxes. It 3 minutes to the gentleman from North make a real quick point. On my right, was done in order to be an upstanding Carolina (Mr. JONES). this chart shows on July 31, 2003, in member of the WTO. We responded and Mr. JONES of North Carolina. Mr. North Carolina we lost 6,450 jobs. It took instructions from the WTO and Speaker, I thank the gentleman from says, ‘‘Five North Carolina plants close adapted our tax policy to what they de- Texas and the gentleman from in the largest single job loss in the sired. Vermont (Mr. SANDERS) for bringing State’s history.’’ Just 3 weeks ago, Mr. One other issue that I think those this joint resolution to the floor. Speaker, a plant in my district an- who defend the WTO and call them- Mr. Speaker, I come to the floor nounced that 445 jobs would be going selves free traders ought to recognize is today because I believe that WTO overseas. that when we concede the fact that membership has been a disaster for the Mr. Speaker, I close by asking my there should be a trade-off, it means U.S. worker. Since WTO, 1995, Amer- colleagues that care about the Amer- they really do not believe in free trade. ica’s annual trade deficit grew from $96 ican workers and care about the sov- If you believe in free trade and the peo- billion to $617 billion. My home State ereignty of America to please join us in ple have the right to spend their money of North Carolina has lost over 251,000 this effort. the way they want, it would be as sim- manufacturing jobs. The United States Mr. PAUL. Mr. Speaker, I yield my- ple as that. It would benefit that coun- has lost over 2.9 million manufacturing self such time as I may consume. try, because you could get your goods jobs. Mr. Speaker, I rise in strong support and services cheaper. Mr. Speaker, it was not too long ago of our position to remove ourselves But this whole concession to the that, I did not vote for it, but we gave from the WTO. My economic position is management of trade through the WTO trade promotion authority to the somewhat different from some of my says, all right, we are going to do this

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12011 if you do this, and it acknowledges the have much stricter regulations. This ticipation in the World Trade Organiza- fact that free trade does not work un- means that some day the WTO may tion. Right now, it seems this resolu- less you get something for it. That well come to us and regulate the dis- tion is destined for rejection. But ad- may be appealing to some, but a free tribution of vitamins and nutritional dressing it today does give us a much- trader should not argue that way. Be- supplements in this country, some- needed opportunity to focus on the cause free trade, if it is a benefit, it is thing that I do not think we should WTO and how the U.S. can maximize simply a benefit. even contemplate. The case can be its membership for the benefit of U.S. In the 1990s when the WTO was origi- made that if they have already pres- firms, workers and farmers. nally passed, the former Speaker of the sured us to do things, they may well do The success of U.S. participation in House made a statement about this. I it once again. the WTO should be measured by our want to quote from him. This is from Our administration is not too inter- ability to liberalize markets and set Newt Gingrich. He was talking about ested in the Kyoto Protocol, but that fair trade rules for all WTO Members. the WTO: ‘‘I am just saying that we may well come down the road, and the Clearly, the United States has bene- need to be honest about the fact that enforcement of the Kyoto Protocol fited greatly from its WTO membership we are transferring from the United many believe will be enforced by the and plays a leading role in shaping the States at a practical level significant WTO. way the world trades today. authority to a new organization. This So this is big government, pure and Since the creation of the WTO, U.S. is a transformational moment. I would simple. It does not endorse free trade exports and overall trade have ex- feel better if the people who favor this whatsoever. It endorses managed trade; panded significantly, with a $283 billion would be honest about the scale of and too often it is managed for the or 64 percent increase in U.S. manufac- change. This is not just another trade privileges of the very large, well-posi- turing exports; a $139 billion or a 70 agreement. This is adopting something tioned companies. It does not recognize percent increase in U.S. services ex- which twice, once in the 1940s and once the basic principle that we should de- ports; and an $18 billion or 39 percent in the 1950s, the U.S. Congress rejected. fend as a free society individuals ought increase in U.S. agricultural exports. Once WTO agreements are set and I am not even saying that we should re- to have the right to spend their money commitments are made, however, it is ject it. I, in fact, lean toward it. But I the way they want. That is what free crucial that the U.S. ensure that the think we have to be very careful, be- trade is, and you can do that unilater- countries involved live up to their part cause it is a very big transfer of ally without pain and suffering. of the deal. This is where we have fall- power.’’ So I ask Members to consider, why en short. I agree with Newt Gingrich on this. It should we not reclaim some of our pre- Here, the U.S. has several concerns, was a huge transfer of power. I happen rogatives, our authorities, our respon- such as China’s failure to follow to believe it was an unconstitutional sibility? We have given up too much through with its commitments to en- transfer of power; and, therefore, we over the years. We have clearly given sure that domestic and foreign firms are now suffering the consequences be- up our prerogatives on the declaration can distribute products within that cause we have lost prerogatives and of war, and on monetary issues. That country as of December 2004; many control of our own trade policy. has been given away by the Congress. countries have failed to meet their Now the President of the Ludwig von And here it is on the trade issue. TRIPS commitments and have not ef- Mises Institute, a free market think I can remember an ad put out in the fectively enforced intellectual property tank, from Auburn, Alabma said, ‘‘The 1990s when the WTO was being pro- rights and the protection of data pri- World Trade Organization is supposed moted and they talked directly, it was vacy; there is concern regarding the es- to be the great apparatus to push the a full page ad, I believe, in the New tablishment of standards, licensing and world to greater economic integration. York Times. They said, ‘‘This is the customs barriers, including the EU’s In reality, it was nothing but the res- third leg of the new world order.’’ We customs procedures and its proposed urrection of the old central planning had the World Bank, we had the IMF, new chemical regulations; and there is fallacy that the world needs a central and now we had the World Trade Orga- concern about the continued prolifera- authority to manage it. The WTO has nization. tion of many agricultural barriers, ended up politicizing trade by putting So if you are a believer in big govern- such as the unscientific barriers to the stamp of officialdom on some very ment and world government and you many agricultural products in Europe, bad policy.’’ believe in giving up the prerogatives of China and elsewhere. So my message is to appeal to those the Congress and not assuming our re- The United States should continue to who believe in limited government, sponsibility, I would say, go with the insist that all WTO members imple- free markets, free trade and the Con- WTO. But if you believe in freedom, if ment the WTO agreements in a timely stitution. I appeal to those who want you believe in the Constitution and if and comprehensive manner. to use tariffs in a protective way be- you really believe in free trade, I would Like many of my colleagues, I hope cause they defend the process. But I am say we should vote to get out of the the WTO will successfully conclude the really appealing to the conservatives WTO. Doha Development Round and continue who claim they believe in free trade, Mr. Speaker, I ask unanimous con- to contribute to the dynamic global because I do not believe what we have sent that my remaining time be allot- marketplace as a growth engine for here is truly free trade. ted to the gentleman from Vermont WTO member economies. The WTO has already been able to in- (Mr. SANDERS) and that he be able to However, in the Doha Development fluence our tax laws. Not too long ago, control that time. Round, many developing countries ex- Utah repealed a ban on electronic gam- The SPEAKER pro tempore (Mr. pressed concerns regarding implemen- bling for fear the WTO would come in REHBERG). Is there objection to the re- tation of some commitments, and they and find that violated free trade. quest of the gentleman from Texas? have sought extensions and delays. Another area of importance to so There was no objection. Here, technical assistance and support many of us, both on the left and the Mr. CARDIN. Mr. Speaker, I am for capacity building are critical tools right of the political spectrum, has to pleased to yield 4 minutes to the gen- needed to advance implementation do with the Codex Commission regula- tleman from Louisiana (Mr. JEFFER- goals. tion set up by the United Nations. How SON), a distinguished member of the I will continue to work with my col- much regulation are we going to have Committee on Ways and Means. leagues on the Committee on Ways and on vitamins and nutrition products? Mr. JEFFERSON. Mr. Speaker, I Means and in the Congress to ensure The UN already indicated the type of thank the gentleman for yielding me that the U.S. provides technical sup- regulation. Guess who may, most like- time. port and capacity building measures to ly, be the enforcer of these regulations? Mr. Speaker, I rise today to stress assist developing countries in meeting It will be the WTO. The Europeans the importance of our country’s par- their WTO commitments.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12012 CONGRESSIONAL RECORD—HOUSE June 9, 2005 b 1100 of goods and services trade and apply does not allow outside interveners, If trade is to be a tool of development to virtually all government practices only allows the two representative gov- and growth for our developing-country that directly relate to trade; for exam- ernments into the room, and delib- trading partners, we must play a cen- ple, tariffs, subsidies, government pro- erates secretly and comes up with a tral role in helping the WTO facilitate curement, and trade-related intellec- binding, a binding, decision and cannot compliance with member obligations. I tual property rights. change U.S. laws. stress this today because I want our U.S. membership and leadership in Now, I raised this issue with the Clin- new USTR Ambassador Portman to the World Trade Organization is essen- ton administration when they nego- know that this is and should always be tial. It is definitely in our national and tiated this misbegotten agreement; and a priority for the United States at the our political and our economic inter- I said, How can you enter us into an World Trade Organization. ests to continue to be a member. Our agreement where secretive panels can Mr. SHAW. Mr. Speaker, I yield my- membership translates into real eco- preempt our laws? They said, oh, you self such time as I may consume. A lot nomic growth in this country, as the do not understand, you are wrong, just of astounding remarks have been made gentleman from Florida very correctly like the gentleman before me. Yes, it is since I stood up here and introduced said. During the 10 years of U.S. par- technically true, they cannot reach this resolution, in the negative. There ticipation in the WTO, international into the United States and change a are a couple of things I think we need trade and investment have been impor- law. We can, if they find our rule to be to really talk about. tant forces driving our impressive eco- non-WTO compliant, which they have What has been the economic growth nomic growth. Over that period, trade more than 90 percent of the time when of the United States? How fast is our accounted for one-quarter of all U.S. complaints are brought against the economy growing? It is growing at the economic growth and supported an es- United States of America, we have an rate of 4 percent. How fast is the econ- timated 12 million jobs. Furthermore, option. We can repeal the law, or we omy in Europe growing? It is 1 percent. trade promotes economic competition, can pay a fine to keep it, a huge fine, How fast is the European economy which keeps inflation low. in many cases. So environmental pro- growing? It is 1 percent. The China Now, let me take just one moment to tection, consumer protection, buy economy is growing at 9 percent, but rebut an all-too-often made allegation America, buy Oregon, buy your State, let us look at what that means. Nine against U.S. membership in the WTO, all of those things, we can have those percent of the Chinese economy is less namely, that membership is a violation laws. That is right. He is technically than 4 percent of our economy. So I of U.S. sovereignty and the U.S. Con- right. We just have to pay massive pen- can say with all certainty that we stitution. WTO dispute panels cannot alties to foreign governments to keep have, in terms of dollars, the fastest overturn or change U.S. Federal, State, them. growing economy in the world. No or local laws. They have no authority This is an extraordinary undermining question about that. to change a U.S. law or to require the of the sovereignty of the United States And of this economy, what percent- United States or any State or local of America and the interests of the age is exports? It is 25 percent. Are we government to change its laws or deci- American people. This is not about free not concerned about those jobs? And sions. Only the Federal or State gov- trade; this is about corporate-managed when we talk about the loss of jobs in ernments can change a Federal or trade through a secretive body which is the United States, we are not talking State law. dominated by those very same corpora- about a net loss; we are talking about, If a U.S. law is inconsistent with the tions and many dictatorial govern- yes, there has been some loss of jobs WTO, our trading partners may with- ments around the world; and the U.S. is and, yes, a lot of these jobs have been draw trade benefits of equivalent ef- bound by their secretive decisions. This because of foreign competition, yes. fect. However, under trade agreement is absolutely outrageous. But our economy has grown in other rules, the United States retains com- To date, the WTO has ruled U.S. poli- areas, so it has also created jobs. If we plete sovereignty in its decision of how cies illegal 42 out of 48 cases, 85.7 per- look at just the jobless rate of where to respond to any panel decision cent that has been brought against us. we are now and where we were a few against it. That was made abundantly They ruled illegal regulation issued years ago, we are doing pretty darn clear the last several years as Congress under the Clean Air Act; the United good. If we look at the world economy, grappled with changes to our corporate States Tax Code; laws to protect com- we are doing really good. tax structures for foreign sales cor- panies from unfair dumping or sub- So why would we want to send a mes- porations, or FSC, to accommodate sidized foreign products, among others. sage to the administration by attempt- commitments we have made to our And it is true. We can keep those laws ing to throw the world economy into trading partners. Only Congress could if we are willing to pay massive fines chaos? It makes absolutely, absolutely make those changes to the law as we to keep them. no sense. grapple, and we grappled, with that. Now, what kind of sovereignty is Mr. Speaker, I yield 3 minutes to the Those who falsely portray the WTO that? Next in their sights are buy gentleman from Arizona (Mr. KOLBE). as a violation of U.S. sovereignty are America laws, those referenced by the Mr. KOLBE. Mr. Speaker, I thank the ones who simply want an unfettered gentleman from the Carolinas. What he gentleman from Florida for yielding ability to preserve or create more pro- said is he does not want to see a Social me this time, and I want to associate tectionism. Security program administered from myself with his remarks, and I appre- I urge my colleagues to vote against China. Now, people would have thought ciate his leadership on this. this resolution and to continue the that was a weird thing to say. No. The Mr. Speaker, I rise in opposition to U.S. membership in the World Trade WTO requires we cannot discriminate the resolution calling for the U.S. Organization. in terms of who the vendors will be. In withdrawal from the World Trade Orga- Mr. SANDERS. Mr. Speaker, I am fact, homeland security can be pro- nization. happy to yield 3 minutes to the gen- vided by the Chinese, or maybe even by The WTO is the most important tleman from Oregon (Mr. DEFAZIO). Iran, under the rules of the WTO. Will international organization that gov- Mr. DEFAZIO. Mr. Speaker, the eco- that not be just peachy? erns world trade. Decisions are made nomic disaster wrought by a radical This is an extraordinarily radical by the member countries. The WTO has free trade policy on the working people agreement which we do not need. The 148 members and 31 observer govern- of America is well documented, but I U.S. did just fine as the greatest trad- ments, many of those, most of those am going to focus on another aspect of ing Nation in the world with bilateral are applicants for membership. Its this WTO agreement that the previous agreements. We can go back to that members represent over 95 percent of gentleman spoke about. He said that system, and we can do better than we world trade. Trade agreements admin- the secretive dispute resolution panel, are doing under this so-called rules- istered by the WTO cover a broad range which has no conflict-of-interest rules, based system.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12013 Mr. SHAW. Mr. Speaker, just one mo- and we did not know the basis for the and changes in government, in part be- ment, I think, to respond to the gen- decisions, in many cases. In some cases cause of the failure to have the large tleman who was just in the well, and they went beyond the language of the numbers of people, the largest propor- that is in the 10 years that we have WTO agreements. tion of people, share in the benefits of been members of the World Trade Or- A Wall Street Journal article earlier globalization. ganization, our environmental laws this month had this statement about So what did this administration do have never been challenged, have never panelists: ‘‘They don’t have time to de- under these circumstances? It nego- been challenged, nor will they. velop expertise and procedural and tiates a standard, enforce your own Mr. Speaker, I reserve the balance of technical aspects of the dispute settle- laws. Enforce your own laws is only my time. ment system.’’ And we are going to used as to core labor standards, not as Mr. CARDIN. Mr. Speaker, I am now have them judge the Boeing, the com- to intellectual property or tariffs or pleased to yield such time as he may plicated Boeing case, for example? We anything else. And the tragedy of it is consume to the gentleman from Michi- need to change, and work harder to that the laws in Central America, to gan (Mr. LEVIN), the former ranking change, the dispute settlement system, some extent the Dominican Republic, Democrat on the Subcommittee on not to withdraw from the WTO. do not meet the basic standards giving Trade, one of the senior members of So there are some major structural people the freedom in the labor mar- the committee on Ways and Means. problems. ket. That is the basic fact. The ILO re- Mr. LEVIN. Mr. Speaker, I rise in op- Also, relating to China, I have been ports say so, despite what the adminis- position to the proposal that we with- very dissatisfied with the way the WTO tration tries to say. Their own State draw from the WTO. I urge that we has handled the annual review of Chi- Department reports say that, despite look at this basic question: on balance, na’s obligations that we worked so what the administration and our new would we be better off if there were not hard to bring about. Part of the prob- USTR, Mr. Portman, said this morn- a WTO? And I think the answer to that lem is with the WTO in Geneva, part of ing. is we would not be. the problem has been our administra- What is at stake is the development Expanded trade has occurred in this tion that has not vigorously, and the of a middle class that is so critical. country and in this world. It is not a gentleman from Maryland (Mr. CARDIN) And I am going to say more about this win-win proposition, as some people has worked so hard to illustrate this, later today. The experience in coun- like to say. There are losers as well as the administration has not worked ac- tries is that workers are a critical part winners, both individually and in na- tively enough to get China to live up to of the evolution towards a strong mid- tions. It is not an easy proposition, ex- its agreements. So more needs to be dle class. panded trade. However, globalization is done by the administration, and we There was a reference by Mr. here to stay. There is no turning back have been losing too many cases, and PORTMAN to Jordan. And what he said, the clock. The question is to try to we have been filing too few cases. that CAFTA is stronger than Jordan, it make the hands tick well and in the So my suggestion is that we focus is simply not true. It is not correct. right direction. today on the accomplishments, but Jordan has reference in its agreement There has been some argument about also the barriers, to effective operation to the core labor standards, that is not sovereignty. It is not true that WTO of the WTO. true of CAFTA. And the enforcement decisions do not impact U.S. laws. That capability in Jordan was left to each b 1115 is not true. I supported the GATT country to undertake. agreement; I helped to shape the imple- One issue the WTO has totally failed So I just wanted to comment on this, mentation language. Did it have some to address relates to core labor stand- because the bilateral agreements were impact on U.S. laws? Yes. Were there ards. On environment, they have kind supposed to be a building block where some requirements that U.S. laws be of a group that looks at environmental the WTO did not address an issue; and changed? Yes. By definition, tariff issues. there is a failure at this critical point agreements require changes in laws On core labor standards, there has of globalization, a critical missed op- here and everywhere else, unless they been resistance to address this. Years portunity in terms of helping the bene- are decreed by edict. The WTO changed ago, there was a proposal by the Clin- fits of globilization being widely from GATT, and so now there is a final ton administration to set up a working shared. dispute settlement mechanism. I think group within the WTO. That was re- I want to close, and I will say more on balance that was a good idea be- sisted, resisted by many, including de- about this later today, why it matters cause, otherwise, every country could veloping nations. to the U.S. It matters in terms of Cen- veto, and that was not workable. I think now, as developing nations tral America, which, as I say, has such But we have to look at the problems have to compete with each other, in- income disparities that are true of as well as the promise, the problems as cluding China, where labor standards Latin America generally. well as the achievements. essentially are nonexistent, those de- What it means is, as to Central The dispute settlement system is veloping nations are beginning to say, America, if workers are not going to be flawed. The answer is not to withdraw well, maybe the WTO should address it. able to participate, to have freedom, to from the WTO; it is to work hard to But it has not. be able to associate, to become a part change the dispute settlement system. The argument was, okay, let us use of the workplace, and are going to re- As was said earlier, it is very opaque, bilateral agreements as building blocks main in poverty, it is bad for those that is true. There is not an openness in a number of areas, including core workers, it is bad for those countries that there should be; and when it labor standards. And that is why I that desperately need a middle class, it comes to our safeguard provisions that want to say just a few words now about is bad for our workers who will not many of us worked hard to put into the failure of this administration to compete with countries where workers law, the gentleman from Maryland (Mr. use bilateral agreements effectively as are suppressed, and it is bad for our CARDIN), who is the ranking member, a building block when it comes to basic companies if there is no strong middle was part and parcel of that, as well as core labor standards, the ILO labor class to purchase our products. the gentleman from New York (Mr. standards, child labor, forced labor, So I am deeply disappointed by this RANGEL), and those on the Republican nondiscrimination, and the right of effort to skirt this basic issue at this side, we worked hard to put safeguards workers to assemble, to organize, to important time. A building block? No, in. Every challenge to safeguards has have unions if they desire, and to bar- CAFTA moves backwards from the been upheld by the WTO. We have lost gain collectively. present status instead of moving for- every case. We have not known what CAFTA is a vital agreement in terms ward. And this notion that we are went into the consideration of the deci- of where globalization is going. In going to give more money to our Labor sion fully, we did not see all the briefs, Latin America, there is growing unrest Department to enforce the laws, when

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12014 CONGRESSIONAL RECORD—HOUSE June 9, 2005 they are cutting the budget, this Con- the gentleman from Michigan (Mr. So when you examine a bilateral gress and the administration, are cut- LEVIN) indicated, I think there needs to agreement, for example, like the ting these moneys for ILAB and other be a much higher degree of trans- United States and Singapore, Singa- parts of the Labor Department. You parency, especially on the resources pore obviously is not too worried about cannot pour money to enforce inad- used to research decisions. That will be agricultural product protection. They equate laws and have it work out well. an ongoing point of discussion. are worried about intellectual property So, in a word, what we need is a trade But what is good primarily I think rights. They are worried about serv- policy built on a bipartisan foundation, for the United States and the World ices. which is not true today. What we need Trade Organization restructure from We were able to enter into an agree- is a trade policy that helps move the General Agreement on Tariffs and ment with Singapore, the United globalization forward, that makes sure Trade is that agriculture became one of States and Singapore, to set a mark for that more and more people share in the the points of discussion and impor- other countries on what is the best way benefits of globalization. Pulling out of tantly for the U.S. services and finan- to deal with those particular concerns; the WTO is not going to accomplish cial instruments and in the protection and that is down now as an agreement that. Instead, we need to work together of intellectual property rights. Those which we can point to as a model that to make the WTO more responsive in were critical. These were, in essence, we should move forward on dealing all respects and also to make sure that new additions; and we are continuing with other countries. A regional agreement would be the our bilateral agreements meet the to try to expand those areas that coun- Central American Free Trade Agree- challenges that the WTO is not meet- tries sit down and discuss under a ment, and what is left out of the dis- ing today. On the latter, this adminis- structure. cussion with CAFTA are just a couple tration continues to fail. The decision today is, should that of points I would like to mention. Mr. SHAW. Mr. Speaker, so that no imperfect structure remain and we con- tinue to work toward a better struc- One, before we decided to deal with one listening to this debate is confused, the region, we told those countries, ini- this vote has nothing to do with DR- ture or should we simply withdraw? That really is not a difficult decision tially the five Central American coun- CAFTA, it has nothing to do with free tries, they had to deal with each other. trade, it is simply are we going to con- for most Members; and, overwhelm- ingly, we will agree to stay in the That El Salvador, Guatemala, Hon- tinue as part of the World Trade Orga- duras, et cetera, all had to come to- nization. World Trade Organization when we vote on this particular measure. gether as a region, which, first of all, is Mr. Speaker, I yield such time as he fundamentally significant. They are may consume to the gentleman from But what you are hearing primarily are complaints and concerns that we not looking at themselves as individ- California (Mr. THOMAS), the Chairman have about the ongoing world trade re- uals. The final question was an indi- of the Ways and Means Committee. vidual one, but they looked at them- Mr. THOMAS. Mr. Speaker, I thank lationship; and, heaven knows, I can wheel out all of my arguments as well. selves as a region. Once they did that, the gentleman from Florida (Mr. SHAW) we then entered into trade negotia- on that clarification, because I find it But, as correctly pointed out by the HAW), tions with them. kind of ironic, the fact that we are on gentleman from Florida (Mr. S this is narrowly on the WTO issue. You need to know something about a fundamental question, should the But let me just select a couple of those trade relations. They were not United States continue to belong to areas of trade action by the United driven by the Central American coun- the World Trade Organization or not, States in the last several years. tries’ desire to get into the U.S. mar- complaining about degrees of dif- First of all, under the Constitution, ketplace. Normally, we can say an op- ferences in various pieces of trade leg- all trade-related activity with foreign portunity to get into the U.S. market- islation. countries is constitutionally the re- place is a pretty good club in which we That is, in fact, how we got here in sponsibility of Congress. can get them to agree to various things the first place. Prior to World War II, Now how many trade agreements do we want them to agree to. Obviously, it in fact, many historians argue the rea- you think we would reach if we went to is voluntary on both sides, but the in- son we got into the Great Depression as a country and said, come on in, nego- centive of getting into the U.S. market deeply as we did is because the United tiate with the House and the Senate, is a terrific reason to push the agree- States chose to throw up significant wait until we go through a conference ment probably farther than they would tariffs and barriers to commercial committee in deciding what that want, because the reward is getting interaction among nations. agreement is going to be, and you into the U.S. market. Following World War II, there was an ought to agree ahead of time before Not the case in Central America. We agreement that we should not do that you see the final product? gave away the U.S. market for secu- again; and we created a rather imper- Now, obviously, that led to a desire rity, humanitarian reasons. Their prod- fect agreement called the General to restain the responsibility but pro- ucts come into the United States tariff Agreement on Tariffs and Trade. It was vide the administration the ability to free already. If there is no CAFTA, as good as we could get at the time. As do the negotiating nation to nation. their products still come into the U.S. we continued to operate under the Gen- We are currently under the trade pro- market virtually tariff free. Basically, what we are trying to do is eral Agreement on Tariffs and Trade, motion authority structure. Can you open up the Central American market with so-called rounds named after var- imagine the World Trade Organization to U.S. goods and services where they ious cities, which has become a tradi- where every country has a veto, you have high tariffs. And when you nego- tion now, the Uruguay Round, the can only to things by unanimous agree- tiate freely, one of the things you can- Tokyo Round, the Rome Round, we de- ment, and how rapidly you can advance not do is dictate to other people what cided that we need to move to another concerns that you have when the pri- it is that they are going to do inter- level, a higher level of integration and mary criteria is unanimity? nally in their country. You can set So one of the reasons we continue to coordination; and that became the standards, you can cajole, you can cre- use bilateral country-to-country rela- World Trade Organization. ate a mutual growth structure, you can The United States was somewhat tionships and regional agreements, in bring money to the table to assist frustrated, one, in our dispute resolu- part, so that we do not get bogged them in moving forward. That is basi- tion mechanism, and the problem was down by waiting for the WTO, but also cally what the United States does with we were winning with no substantive to a certain extent, since we believe in the rest of the world on bilateral and result in those disputes. We thought we transparency, since this country is the regional agreements. needed a better dispute resolution most open large country of trade, im- mechanism. port, export, of any in the world, that b 1130 Marginally, the one we have today, I open markets all over the world are And the CAFTA agreement is good believe is better. Is it good? Not yet. As good. for the United States in terms of the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12015 economics of getting into the Central not need protection from the WTO. We progress, competition as the supreme American marketplace so that we have have lost almost 3 million manufac- law of economics, and private owner- a little more of a level playing field turing jobs. Tell that to those millions ship with the means of production as with other countries around the world. of families who have seen their lives an absolute right that has no limits But it also is a chance for these fledg- destroyed by this trade structure and carries no corresponding social ob- ling and growing democracies to have which is based, inherently based, on in- ligation.’’ He goes on to say that ‘‘this the input of knowledge, training, and equality. leads to a dictatorship rightly de- financial assistance in growing their We have a $617 billion trade deficit. nounced by Pius XI by producing the responsible labor structure as well. America does not need protection? international imperialism of money.’’ Most of this is tinted with ‘‘protect We have workers who are struggling There is a moral imperative here America’’ as the argument. America to save their homes; but these trade that we have to recognize that we need does not really need protection. Amer- agreements are causing jobs to be trade agreements that have workers’ ica needs the opening of markets moved out and people do not have the rights, human rights, and environ- around the world in voluntary struc- opportunity to save their homes. mental quality principles; and we can- tures whether they be bilateral, re- I have been all over this country, and not have that with the WTO. It is time gional, or multinational, as the WTO I have seen padlocks on gates and grass to get out of the WTO and set up a is. There will always be resistance. growing in parking lots where they trade structure based on those prin- China coming into the WTO was a good used to make steel, where they used to ciples. thing. Are we having difficulties with make cars, where they used to washing Mr. CARDIN. Mr. Speaker, I yield them? Yes. Will they continue to have machines, where they used to make bi- myself such time as I may consume. difficulties with themselves as they ad- cycles. America does not need protec- Mr. Speaker, first let me say that I vance as the world’s largest nation? tion? agree with my colleague that we Yes. But those discussions occur under Yes, it is time for us to get out of the should be negotiating higher labor a framework which over time has got- WTO because the WTO has set the standards, at least international labor standards; but I would suggest the way ten better and will get better, espe- stage for a driving down of the quality to do that is engagement, not to pull cially with the United States leader- of life in this country. Everyone in this out of the WTO and to do better in our ship. House knows that we cannot write into For the United States to walk away our laws that workers’ rights must be bilateral agreements. I agree with him unilaterally from what is the best his- regarded, let us say, in China. I want on CAFTA and to elevate the WTO to do better on international standards. torical example of nations dealing eco- someone here to contradict that be- The withdrawal would leave these nomically in a meaningful and useful cause if we put that China must have countries without any opportunity to the right to organize in any of their way makes no sense whatsoever. And improve labor standards. that is why overwhelmingly the vote conduct of commerce in their country, Mr. Speaker, I yield 2 minutes to the that would be ruled WTO illegal and today will be ‘‘no’’ on withdrawing gentlewoman from Michigan (Ms. KIL- the United States would be subject to a from the WTO. Does that resolve any of PATRICK). the ongoing difficulties we have in fine or sanctions by the WTO just for Ms. KILPATRICK of Michigan. Mr. terms of our perception of the world, standing up for workers’ rights. Speaker, I thank the gentleman for how fair the world is, how open mar- There is a moral imperative here, and yielding me time. kets in the world are, what instru- that imperative is as old as this coun- Mr. Speaker, I strongly oppose the ments we need to use to try to push a try. But it is also consistent with basic pull-out of the U.S. of the WTO. This is more transparent and open market- Christian morality, and may I quote a global economy that we live in. We place, between countries, among coun- from a Papal Encyclical, Leo XIII, 1891 have got to be at the table to work tries, and in fact in all trading nations in Rerum Novarum said, ‘‘Let the with the companies and work with the of the world? Of course not. working man and the employer make countries that are taking our jobs, and All of those issues will continue to be free agreement and in particular let I believe the pull-out is the wrong before us, but they will be before us in them agree freely as to wages. Never- thing to do. a structure which allows us to meas- theless, there underlies a dictate of Should it be strengthened? Yes, it ure, allows us to judge, and most im- natural justice more imperious and an- should and the administration should portantly allows us to change as the cient than any bargain between man reject all principles that would make key competitive component between and man, namely, that wages ought not our trade laws weaker. If we talk about nations of the world today and tomor- be insufficient to support a frugal and intellectual property rights, we need to row will be the question of trade. And well-behaved wage earner if through enforce those that are in there. And ordered and structured competition is necessity or fear of a worse evil the the Bush administration and our U.S. to the advantage of the United States. workman accept harder conditions be- administration, regardless of who sits And that is why overwhelmingly you cause an employer or contractor will in that White House, must make sure will see support staying in the WTO, afford him no better. He is made a vic- that those property rights are enforced nurturing and growing the WTO, not- tim of force and injustice.’’ internationally, and that is what the withstanding the fact that we have a I maintain that the WTO helps to WTO should be about. whole lot of concerns about a whole lot keep in place a structure of force and In 1995 when the WTO was estab- of issues. injustice against workers because we in lished, I thought then and I do hope Mr. SANDERS. Mr. Speaker, how this country cannot pass laws that now that dispute resolution procedures much time remains? would lift the yoke of this force and in- would be those where we could come to The SPEAKER pro tempore (Mr. justice off workers anywhere in the the table to resolve some of those dis- FOSSELLA). The gentleman from world because the WTO does not per- putes. The dispute process has become Vermont (Mr. SANDERS) has 38 minutes mit, does not permit any type of work- too cumbersome, too lengthy; and remaining. The gentleman from Mary- ers’ rights to be included or to be re- many times we find our companies, land (Mr. CARDIN) has 8 minutes re- garded. They are WTO illegal. We can- U.S. companies, not taking advantage maining. The gentleman from Florida not pass workers’ rights and put them and being very much put out of busi- (Mr. SHAW) has 121⁄2 minutes remaining. in our trade agreements. ness. Mr. SANDERS. Mr. Speaker, I yield 4 Another Papal Encyclical from Pope The steel industries in my district, minutes to the gentleman from Ohio Paul VI, Populorum Progressio: ‘‘But too much dumping from some other (Mr. KUCINICH). it is unfortunate that on these new countries into America. We ought to Mr. KUCINICH. Mr. Speaker, I could conditions of society, a system has rectify that so that U.S. companies can hardly believe my ears to hear one of been constructed which considers prof- take U.S. companies and that we be my colleagues say that America does it as the key motive for economic able to employ our citizens.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12016 CONGRESSIONAL RECORD—HOUSE June 9, 2005 Too many dislocated workers, the Mr. VISCLOSKY. Mr. Speaker, I Mr. Speaker, I yield 3 minutes to the only way to address this is to stay in thank the gentleman for yielding me gentleman from Wisconsin (Mr. RYAN), the WTO to work with the other coun- time. a member of the Committee on Ways tries. And our administration must see Mr. Speaker, in 1994 I supported the and Means. that our rules, our trade laws, our em- establishment of the WTO. I supported b 1145 ployees’ rights are saved. We want to the establishment of it because the cre- upgrade and lift up other countries, but ation of the WTO was supposed to Mr. RYAN of Wisconsin. Mr. Speaker, we must save America. lower trade barriers. The WTO was sup- I appreciate the gentleman for yielding America is in crisis. Our workers, too posed to include developed and devel- me time. many have lost their jobs and many oping countries, and environmental Mr. Speaker, this is a good debate. It more to come. I represent General Mo- and labor standards were expected to is a good, healthy debate that we are tors, and this week they announced the rise for all. having here on the floor of Congress. closing of more plants, dislocating The WTO was created with the as- The earlier speaker, the gentleman more workers and at the same time put sumption that the rules would be ap- from Ohio, cited some papal encyc- $2 billion in China last year. plied fairly to all. Today, I am voting licals, but, as a practicing Catholic, I So I say stay in the WTO; make it against the WTO because it has failed will be the first to defend his right to better. This is a world economy, and to deliver on any of its promises. The do that here on the floor, but I also the U.S. is the most powerful. I would WTO was created by sovereign nations think there are some bigger issues we hope that as we move forward in this to create a true international trade need to talk about. discussion, and I know the vote will be community, but today the WTO is ma- First of all, how do we keep jobs in overwhelming that we stay, that we nipulated by multinational corpora- America? We all care about that. This build it and that we make sure that the tions with a loyalty to nothing but is what we are talking about. I would countries that are taking our jobs have their bottom line. These multilaterals argue we have got to do basically two a responsibility to the workers of this are patronizing, not patriotic. They things: stop pushing jobs overseas and country. treat human labor as nothing more stop countries from unfairly taking However Members intend to vote on the than disposable machinery. The only jobs overseas. resolution before us, the issue of trade rem- discernable labor standard under the How do we stop pushing jobs over- edies under the rules established by the World WTO is exploitation. seas? Well, for starters, we can address Trade Organization (WTO) is of paramount Under the WTO there are two envi- health care costs. We can address the concern to the industries of my district in the ronmental standards, pollute and to fact that we tax our businesses and our years ahead. How we address this issue will spoil. Moreover, there is no trans- jobs more than any other country in be an important factor in determining whether parency at the WTO. Who is in charge? the world, save Japan. We can address we can retain support for open markets and The WTO is grossly prejudiced tort costs, regulatory costs, have a the international trading system as we know it. against U.S. interests. As one of my comprehensive energy policy to make Countries like China, Japan, and India that colleagues mentioned earlier today, energy more affordable. have most consistently dumped in this market the U.S. has lost 42 of 48 cases. How do we stop countries from un- and violated international rules are pushed I am proud to be an American cit- fairly taking jobs overseas? We have to hard to have those disciplines eviscerated. izen. I understand, however, that the remember, Mr. Speaker, that 97 per- That would be a disaster for U.S. manufactur- United States is not always right. But cent of the world’s consumers are not ers, agricultural producers and workers. only 121⁄2 percent of the time? in this country. They are outside of Anti-dumping and anti-subsidy laws have al- Worse, the WTO struck down steel this country. One in five manufac- ready been critically weakened as a result of safeguards that were put in place after turing jobs are tied to exports. Ex- groundless WTO dispute resolution decisions. record levels of illegal steel dumping ports, on average, pay more than other If we see yet another new trade agreement caused more than 40 steel companies jobs. We cannot put our head in the that limits the use of these laws, I am afraid into bankruptcy and more than 50,000 sand. Pulling out of the WTO is the they will become completely ineffective. steel workers to lose their jobs. economic equivalent of throwing the Our trading partners, in the name of free In 1994, the last full year before the baby out with the bath water. trade, have been effective in putting forward a WTO came into existence, the United What has happened since we have number of specific proposals that are de- States had a trade deficit, unfortu- gone into the WTO? Let us look at the signed to weaken U.S. trade laws. Congress nately, of about $150 billion. During challenges that confront us. is on record as opposing these efforts and I 2004 the U.S. trade deficit hit an all- We talk about China, a very appro- welcome this opportunity to advocate that our time high of $650 billion, an increase of priate topic to discuss here. Since top priority should be to preserve core trade 333 percent. We have clearly benefited China joined the WTO, do my col- disciplines. However, our trade negotiators under the WTO. leagues know how many laws we had to have not offered meaningful proposals to chal- A more frightening figure is that the change and pass in America to go lenge those who would weaken our trade rem- U.S. trade deficit last year with China there? Zero. Do my colleagues know edy laws. This is a recipe for failure. alone was more than our trade deficit how many laws China had to change, If the Administration comes back with an was with the entire world the year be- laws and regulations, to enter the agreement that waters down our trade remedy fore the WTO was created. As we de- WTO? 1,100. To get into the WTO, to laws even further, I am confident we will see bate this resolution today, we will bor- join countries of fair trade, China had a strong backlash in Congress—and a major row an additional $1.7 billion in these to change 1,100 laws. Are they fol- effect on support for any new trade agree- 24 hours for our children to pay off for lowing all these rules and agreements? ments. the rest of their lives just to finance Of course not. But because they are in Support for the WTO cannot be taken for the trade deficit we are accumulating the WTO, because we have the WTO, we granted in Congress or in this country if we today under the wanted WTO. finally have a forum, a mechanism, a cannot maintain the assurance that unfair I appreciate my colleague from system to bring these countries into trade can and will be remedied. I urge the Ad- Vermont for bringing this resolution to compliance to play by the rules. If we ministration to focus on this issue and to reject the floor. I support it and ask my col- did not have this system, all these any WTO deal that would weaken U.S. trade leagues to do so as well. countries could play by whatever rules remedy laws. Otherwise, we may well see the Mr. SHAW. Mr. Speaker, I would re- they set. next WTO vote have a very different outcome mind the gentleman in the well that of We are the economic superpower of than is likely today. the 50 cases we have brought before the the world. We play by the rules. We are Mr. SANDERS. Mr. Speaker, I yield 3 World Trade Organization, we have the most transparent, most honest, minutes to the gentleman from Indiana won 46 which is a 92 percent success most basic system in the world. We (Mr. VISCLOSKY). rate. need other countries to play by the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12017 same rules, too, so we can all join to- In the 10 years since the WTO was es- by $613 billion, equivalent to adding an gether in growing economic growth tablished, a wide variety of U.S. and economy the size of Canada to the here in America and across the world. foreign laws have been challenged. world economy. The WTO is needed to Pulling out of the WTO would be the With only two exceptions, every monitor this process and ensure a level economic equivalent of biting off our health, food safety and environmental playing field. nose to spite our face. law challenged at the WTO has been However, in certain cases, there is Since we have had China in the WTO, ruled illegal. Meanwhile, multinational not a level playing field. A great exam- I have been critical of the administra- pharmaceutical companies have used ple of this is Airbus. Airbus is cur- tion’s stance in its first 3 years. I have WTO intellectual property rules to rently the world’s leading manufac- joined with my colleagues on the other deny poor countries the right to pro- turer of civil aircraft, with about 50 side of the aisle criticizing the admin- vide live-saving medicine to people percent of global market share. Airbus istration on their China policy. How- with terrible diseases like HIV and received approximately $30 billion in ever, over the past year and a half, the AIDS. market-distorting subsidies from the administration, through the WTO They tried it with Brazil. The world European governments, including rules, has brought 12 different actions protest against the attempt to keep launch aid, infrastructure support, against China. Brazil from using generic drugs to save debt forgiveness, equity infusions, and We are making success. We are bring- lives, prevent HIV and AIDS was research and development funding. ing accountability. Pull out now, and fought off because of the protest, and These subsidies, in particular launch the situation gets much worse. Stay in they had to back down. aid, have lowered Airbus’ development it. Fight for fair trade. We can clean up But look what they did in South Af- costs and shifted the risk of aircraft these rules, and that is the only way to rica. I wish I had time to tell my col- development to European governments, bring other nations into the fair trade leagues about it. and thereby enabled Airbus to develop arena. In 42 out of the 48 completed cases aircraft at an accelerated pace and sell Mr. SANDERS. Mr. Speaker, I yield brought against the United States, the these aircraft at prices and on terms myself such time as I may consume. WTO has labeled U.S. laws illegal. U.S. that would otherwise be unsustainable. My good friend mentioned what has laws ruled illegal by WTO include tax These unfair actions put Boeing at a happened since China has joined the laws, anti-dumping laws, sea turtle major disadvantage and leads to a neg- WTO. I think he has neglected to men- protections and clean air rules. And ative impact to workers and businesses tion that our trade deficit with China when the WTO ruled in favor of the in this country. By most conservative has soared, that millions of jobs have United States in a case on bananas, it estimates, the unfair subsidies that left the United States to go to China. was to benefit who? A large corpora- Airbus receives have led the United Mr. Speaker, I am very pleased to tion, Chiquita, that has now driven States to losing at least 60,000 high- yield 4 minutes to the gentlewoman Grenada and some of these small coun- paying jobs. from California (Ms. WATERS). tries into poverty. We do not produce As a member of the House Committee Ms. WATERS. Mr. Speaker, I rise to any bananas here in the United States. on International Relations and the fact support House Joint Resolution 27 to We protected Chiquita, who mistreats that John F. Kennedy International withdraw the United States from the its workers in Central America, and we Airport is the economic engine of my World Trade Organization. put small Caribbean farmers out of district, it is imperative that this body The WTO is not about free trade or work. support USTR Ambassador Robert fair trade. It is about corporate power. Mr. Speaker, after the WTO rules a Portman’s efforts to have a WTO dis- WTO rules allow America’s labor, envi- country’s laws illegal, the WTO author- pute resolution panel put an end to the ronmental and public interest laws to izes economic sanctions that cost the unfair subsidies to Airbus. be challenged by multinational cor- country millions of dollars. These sanc- Mr. SANDERS. Mr. Speaker, can I in- porations seeking profits and power. tions put small businesses out of busi- quire again as to how much time re- Other countries have also seen their ness and workers out of work. History mains? domestic laws challenged in order to has proven that the WTO does not pre- The SPEAKER pro tempore (Mr. expand corporate power. The WTO sac- vent trade wars. It authorizes trade FOSSELLA). The gentleman from rifices the rights of workers, the pro- wars. Vermont (Mr. SANDERS) has 27 minutes tection of the environment and the The WTO puts profits of the world’s remaining. The gentleman from Mary- health and safety of working families. wealthiest and most powerful corpora- land (Mr. CARDIN) has 31⁄2 minutes re- WTO rules support corporations to tions ahead of the health, safety and maining. The gentleman from Florida move their operations from one coun- welfare and well-being of working fam- (Mr. SHAW) has 91⁄2 minutes remaining. try to another in search of the cheap- ilies. Mr. SANDERS. Mr. Speaker, I am est labor and the least government reg- I urge my colleagues to support the WTO pleased to yield 4 minutes to the gen- ulation. If a country enacts a minimum Withdrawal Resolution. It’s time to stop the tleman from Utah (Mr. BISHOP). wage law, a corporation that does not global expansion of corporate power and put Mr. BISHOP of Utah. Mr. Speaker, it want to pay a decent wage can simply working families first. is with a combination of perhaps res- move its factory to another country. If Mr. LEVIN. Mr. Speaker, I yield 2 ignation and frustration with which I workers in that country organize a minutes to the gentleman from New stand here. labor union, the corporation can move York (Mr. MEEKS). Will Rogers once said, in explaining the factory to a third country. Many Mr. MEEKS of New York. Mr. Speak- the length of a political platform, that corporations prefer to operate in coun- er, I rise today to urge my colleagues it takes a lot of words to straddle an tries such as the People’s Republic of to reject any attempts to withdraw the issue, and I have every intention of China, which outlaw independent labor United States from the WTO and vote using a lot of words here this morning. organizations. The WTO has no restric- no on final passage. I think, like many people, like most tions on sweatshops, child labor, prison When instituted correctly and fairly, of us, we have no fear of free trade, labor or slave labor. trade agreements open up foreign mar- that the United States, playing on a WTO rules promote investment op- kets to U.S. goods, create new opportu- level playing field, can easily compete portunities for multinational corpora- nities for companies and their employ- in the world market, and I do not as- tions without regard to their impact on ees, and lift the standard of living for cribe to some of the statements that I workers, the environment or the public people in the country with whom we think have been somewhat overzealous interest. Countries’ labor, health and are trading. Economists estimate that or vitriolic in describing policies here. environmental laws can be challenged cutting trade barriers in agriculture, I also agree that in some respects mov- if they have a side effect of restricting manufacturing and services by one- ing out of the policy we have right now trade. third would boost the world economy without a substantial alternative

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12018 CONGRESSIONAL RECORD—HOUSE June 9, 2005 would be chaotic. Having said that, Mr. MURPHY. Mr. Speaker, although free and fair trade in that forum for this is where the ‘‘but’’ comes in. I disagree with much of what the WTO the benefit of our Nation. I intend on either giving a symbolic does, I do not think it is in the best in- Mr. SANDERS. Mr. Speaker, I yield 5 vote or maybe a symbolic speech in terest of our Nation to withdraw from minutes to the gentleman from Ohio place of that vote with concerns of sov- that organization at this time. Doing (Mr. BROWN) who has been leading this ereignty issues that are dealt with here so would give the United States little Congress in opposition to the disas- and that some of those voices that are bargaining power as we work to pro- trous CAFTA agreement. concerned about sovereignty issues are mote a global economy that is both Mr. BROWN of Ohio. Mr. Speaker, I not just simply those fearful of the free and fair. Withdrawal would put in very much appreciate the good work of dark but there are legitimate concerns jeopardy negotiations that are nec- my friend, the gentleman from which require a periodic reanalysis of essary to meet that goal. Vermont (Mr. SANDERS). what we are doing. However, my support for the long- Mr. Speaker, earlier this week the I speak specifically about a case term goal of more equitable inter- Committee on Appropriations passed which has sent the Attorney General national trade does not translate into an amendment to prevent the U.S. from the State of Utah to join 28 Attor- blanket support, but it is difficult to trade representative from using trade ney Generals from other States in pro- ignore the fact that the U.S. is increas- pacts as a tool to block prescription test of the situation in which the ingly the target of WTO action. We are drug reimportation. The fact that ap- World Trade Organization has thrown sued more than any other country, and propriators in this body felt compelled State statutes in jeopardy. our laws seem to be condemned by the to take this dramatic step points to a Antigua, with which we had a policy WTO every month. We have been the larger issue. Congress should not have dating back to 1993, has complained defendant in 19 of the last 36 cases de- to police the U.S. trade representative that laws prohibiting Internet gam- cided by the appellate body. These neg- to make sure he or she is acting in the bling as well as gambling and betting ative decisions have threatened Amer- best interests of U.S. consumers. We paraphernalia, which have been for ican products and American businesses should not have to instruct our trade about 100 years the social policy of with sanctions. For example, in recent representative to make sure that he is Utah, violate trade organizations; and years the WTO has disapproved every- looking out for U.S. workers and U.S. the trade organization ruled in favor of thing from our tax policies and trade manufacturers. We should not have to Antigua. tell the trade representative to protect It is inherently wrong for any adju- laws to our sovereign right to regulate the environment and our food supply. dicative panel of any organization, activity such as Internet gambling and set tariffs against unfair pricing by for- Congress should not have to scour internationally or trade, to put in jeop- every trade pact to make sure that ardy the kinds of State laws that we eign countries. It is becoming all too clear that some patent extension or importation have in place, especially when they barrier or other Big Government deal with social policies that have been these decisions are not the result of crutch designed specifically for the there for almost 100 years. Whether any shortcomings by this country or drug industry has not been inserted this is simply a glitch in negotiations any true violation of international into the trade agreement by the U.S. that can easily be worked out or rules; rather, one must wonder if we trade representative or by the Presi- whether this is a systemic problem or are facing a forum that sees our coun- dent or by my friends on the other side whether, as the Attorney Generals are try’s prosperity and economic success of the aisle. arguing, that the States need a greater as an opportunity to further bolster Congress should not have to take the voice in the organization and the appli- their own industries and markets. It U.S. trade representative to task for cation of these trade policies, espe- seems as though nations are using the trying to reverse the world’s progress cially if it is going to relate to State WTO to gain through litigation that against the global AIDS epidemic, law, that is the discussion that needs they could not secure through negotia- progress partially financed with U.S. to take place. tion. My State may have lucked out be- But to help our economy, we cannot tax dollars. Congress should not have cause a clerical error in this particular turn toward a simplistic, bellicose jin- to fight the U.S. trade representative case did not refer specifically to the goism approach that blames the WTO in order to ensure jobs for our Nation’s Utah State law; and, therefore, it may and seeks protectionism as the answer workforce, affordable medicine for our not be applicable. But the fear factor is to all. What we need to do on our own Nation’s consumers, and manufac- still there, that in the future State ef- is to pass our energy policy that is oth- turing capacity for our Nation’s pro- forts, State regulations and State poli- erwise costing us millions of jobs and tection. cies may be put in jeopardy not only by to pass our own health care reforms to Who does the U.S. trade representa- our trade policies but also by Federal cut costs and not cut care. tive work for? The USTR should be acting in the in- regulations that affect those trade Free trade is in everyone’s best inter- terest of all Americans. If the inter- policies when they ought not to be. est, and the WTO negotiations are vital national drug industry benefits too, all That is the issue that needs to be peri- to securing new markets for American the better. Instead, the multinational odically addressed. products and creating new jobs for I recognize that this particular reso- American workers. The negotiations drug industry’s interests trump those lution is very narrow in its application. must ultimately bring us to a system every day of everyday Americans. The It may not be specifically on that that is fair for all member countries tail is wagging the dog. In fact, our point, but it does at least give us the while respecting the fundamental trade representative’s office includes a opportunity of saying not only is that rights of a nation to determine its own position, and I am not making this up, an issue and a concern for the future law. our trade representative’s office in- but it is an issue that we should take This administration needs to pay cludes a position called U.S. Trade seriously and we should discuss seri- very close attention to the issue as we Representative for Asia, Pacific and ously and we should address seriously cannot sit idly by while the world un- Pharmaceutical Policies. So we are so that these particular problems, espe- fairly threatens U.S. laws and remedies bringing the drug industry into the cially as it deals with State issues and designed to protect our Nation against USTR to make sure these trade agree- State rights, will not be put in jeop- unfair practices. ments protect the drug industry, usu- ardy with the future. The WTO clearly is not operating al- ally at the expense of American con- ways in the best interests of the United sumers who pay twice as much, three b 1200 States of America. However, it is the times as much, four times as much for Mr. SHAW. Mr. Speaker, I yield 3 forum that exists; and as such, we need prescription drugs, and even more seri- minutes to the gentleman from Penn- to remain partners with those that are ously, frankly, who harm the world’s sylvania (Mr. MURPHY). vigilant and vigorous defenders of both poorest people.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12019 In the CAFTA agreement, as the gen- national body is not in the long-term good things that are happening, just tleman from Michigan (Mr. LEVIN) said interests of our people. remember what will happen 10 years earlier, in Africa, in Asia, the world’s The United States did this back in down the road once these panels and poorest people have to pay more for the 1950s or 1940s with the United Na- bodies have been corrupted by the vi- prescription drugs because the U.S. tions, and it too was a dream, a dream cious dictatorships that we have let has, in our trade representative’s of- for a better world, a new order that into the WTO. fice, a U.S. trade representative for would bring about prosperity and Mr. CARDIN. Mr. Speaker, I yield 2 Asia, Pacific and pharmaceutical pol- peace. What do we see now in the minutes to the gentleman from Cali- icy. It begs the question, What are our United Nations, corruption at the high- fornia (Mr. SHERMAN). trade agreements for? est levels and arrogance. We see United Mr. SHERMAN. Mr. Speaker, I will Mr. Speaker, it is not like they are Nations peacekeeping troops stand by vote against this resolution because it working. Look what has happened to as people are massacred. They them- is a little too radical for where I am our trade deficit in the last 12 years. I selves have participated in atrocities, now, but I am tempted to vote for it came to Congress in 1992. We had a and yet we see cover-up at the United because of the failure of our current trade deficit of $38 billion. In 2004, 12 Nations and corruption. Is that the policies and the blindness of those who years later, our trade deficit was $618 type of people we want to give sov- defend them. billion. From $38 billion to $618 billion, ereignty to? No. Those who defend our current poli- and my friends are arguing our trade So why do we think the WTO is going cies acknowledge that free trade puts policy is working? to be any different? The WTO is made pressure on countries to race to the Look at our stagnating wages, the up of nondemocratic countries as well bottom on environmental and labor fact that the top 10 percent of people in as democratic countries, just like the standards so they can be the low-cost, this society are doing very well. Their United Nations. We are not going to high-value producer. But the real dis- incomes are going up and up and up. bring them up; they will bring us down connect is between the theory of free The 90 percent of the rest of the coun- if we give up our decision-making proc- trade and on-the-ground business re- try, their wages are stagnant and part- ess to unelected bodies that have been ality. Those who defend the WTO live in a ly because of trade policies. Look at set up. world of theory in which business and our crippling job loss in my State, and They call it the new world order. The consumers will buy American goods if especially in manufacturing. new world order, what is that going to they are good values, subject only to Not only has our trade deficit gone bring the American people? A loss of the written transparent regulations from $38 billion to $618 billion in only a sovereignty, a loss of our ability to and tariff laws of their country. This dozen years, look at what has happened control our own destinies. We will see theory is true in the United States in manufacturing. The States in red the WTO manipulated by special inter- where our businesses and consumers have all lost 20 percent of their manu- ests in the same way we have seen are happy to buy. We have lowered our other bodies manipulated by special in- facturing in the last 5 years. My State tariffs, we have lowered our regula- terests, but the WTO will be made up of of Ohio, 216; Pennsylvania, 200; Michi- tions and barriers, and there has been organizations that are comprised of gan, 210; Alabama and Mississippi com- an explosion of imports to the United governments that do not believe in de- bined, 130; Illinois, 225; Virginia, 80,000; States. New York, 220,000. Our trade policy, mocracy and honesty and free press But the theory is false as to China Mr. Speaker, simply is not working. and free speech and the standards we and many other nations. In those coun- When Members think about this, believe in. tries, their written laws are almost ir- maybe in fact some people would say Mr. Speaker, 10 years from now as relevant; and so we negotiate hard, we our trade agreements are working. the WTO evolves, and even today, we open our markets in return for a After all, these trade agreements do will find our huge international cor- change of China’s written laws, and work for the pharmaceutical industry. porations and international corpora- then we are surprised when changing Mr. SANDERS. Mr. Speaker, I yield 4 tions in general going to these bodies those laws does nothing to open their minutes to the gentleman from Cali- and manipulating them and bribing markets and the average person in fornia (Mr. ROHRABACHER). them. And why not accept the bribes? China buys less than 3 cents, I believe Mr. ROHRABACHER. Mr. Speaker, I The people of Burma or China or these it is, of goods and services from Amer- rise in thoughtful support for H.J. Res. other countries who are not demo- ica every day. 27, and I say thoughtful because I be- cratic, who are not honest, that is their Why is this? Because their businesses lieve we should take a good look at way of life. So why are we transferring are told orally, do not buy from Amer- what we are doing and what has been authority, putting our faith in an orga- ica unless you get a co-production proposed and try to figure out what is nization, even if today in the short run agreement, do not buy from America going to happen in the future, and what we can see some examples where it unless you get a disclosure of our tech- are the ideas that these decisions are might be in our benefit? In the long nology and our manufacturing tech- based upon. run it is not to the benefit of the Amer- niques. So when an airline in the We are living in a time when a sig- ican people to give up this kind of deci- United States goes to decide which air- nificant number of Americans are rush- sionmaking. plane to buy, it does so on economic ing forward to support any effort to If we want more trade in the world, factors. When China buys, they demand transfer sovereignty from elected offi- we should establish bilateral trade that more and more production be cials in the United States to unelected agreements with other democratic shifted to China. No wonder we have officials elsewhere at a global level countries. That way we can control the this huge trade deficit and the dollar is who will exercise power and control, decision-making process. The major certainly in peril. mandate policies and shape our lives; economic countries of the world will yet they are not elected by the people enter into those agreements. b 1215 of the United States of America, as if I say we should have free trade be- Mr. SANDERS. Mr. Speaker, how we should expect them in the WTO or tween free people. We should not be es- much time remains for either side? even the United Nations to watch out tablishing superpowerful, unelected The SPEAKER pro tempore (Mr. for our interests. bodies by the WTO to control our des- FOSSELLA). The gentleman from Mr. Speaker, it is our job to watch tiny in the United States and deter- Vermont (Mr. SANDERS) has 15 minutes out for the interests of the American mine what economic policies we will remaining, the gentleman from Mary- people. We are elected to do so. Trans- have in the long run. These things land (Mr. CARDIN) has 11⁄2 minutes re- ferring our sovereignty and decision- make no sense to me, and it is a great maining, and the gentleman from Flor- making power to the WTO, to the threat looming over us. Whatever ex- ida (Mr. SHAW) has 7 minutes remain- United Nations, or any other inter- amples can be given today of some ing.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12020 CONGRESSIONAL RECORD—HOUSE June 9, 2005 The Chair will recognize the closing international economy, but the reality workers make. Is that the free trade speeches in the reverse order of the is that what we are trying to do here is agreement that we are fighting for? openings: the gentleman from Mary- not to withdraw from international The reality is, and they know it, Re- land (Mr. CARDIN), the gentleman from trade. Trade is a good thing. What we publicans know it, Democrats, conserv- Vermont (Mr. SANDERS), and the gen- are saying is let us send a message to atives, progressives, when going back tleman from Florida (Mr. SHAW) has the President of the United States to to their district. In my State in the the right to close. wake up and to fully recognize that our last couple of months, I had to talk to Mr. CARDIN. Mr. Speaker, I yield current trade policies are an unmiti- workers whose jobs are gone because myself the balance of my time. gated failure and that we have got to those companies could not compete Mr. Speaker, I once again rise to urge renegotiate them. We cannot continue against imports coming in from China my colleagues to reject this resolution. on the policy of the race to the bottom. where workers are paid 30 cents an It is important that we work within a That has got to change. hour. rules-based trading system in order to Some of my friends say what we are I would yield a moment to my friends expand opportunities. Only by working talking about is international rules, on the other side if they want to tell within a rules-based trading system and of course we are talking about the American people that they think it can we raise the international bar on international rules. The problem is is fair that our working people should labor standards, on environmental that the rules within this WTO are have to compete against desperate peo- standards. If we were to pull out of the rigged against the middle class of ple working for pennies an hour who go WTO, we would have no opportunity to America. If the United States Congress to jail when they stand up for their raise at all the labor standards in other said, wait a second, we are going to rights. I would yield to the gentleman countries or the environmental stand- pass a law because we think it is unfair from Florida, the gentleman from ards. We need to be within a rules- that slave labor in China is producing a Maryland, or anyone else who wants to based trading system to reduce bar- product that is exported to the United tell me now that that is fair. I do not riers. States, or that child labor around the hear anybody saying that it is fair. The U.S. market is the most open world is competing against American Mr. CARDIN. Mr. Speaker, will the market. We want our trading partners workers, we will be ruled incorrect by gentleman yield? Mr. SANDERS. I yield to the gen- to open up their markets. Staying the WTO. A complaint will be waged tleman from Maryland. within the WTO offers us that oppor- against us saying, gee, why are you Mr. CARDIN. Mr. Speaker, I believe tunity. We need effective enforcement protesting slave labor or child labor? that is unfair. I agree with my col- of our agreements. We need to work You are violating international free league completely. The question is, within the WTO in order to accomplish trade. why are we not negotiating with our those objectives. And, Mr. Speaker, Another issue that has not been trading partners to do something about here is an area where we must exercise touched on today, a moral issue, which that? more of our responsibility by changing is very important, when I was mayor of Mr. SANDERS. Taking back my laws and strengthening laws so that we the City of Burlington in the 1980s, we time, and I thank the gentleman. He can enforce the obligations that we passed, as did cities throughout the says that it is unfair. But we have had have negotiated within the WTO. I will country, as did the United States Con- this trade agreement, we have been in be introducing legislation to do that, gress, legislation which said to the the WTO for 10 years. We have had a and I urge my colleagues to work with apartheid regime which had then im- Democratic President. We have had a me so that we can enforce the agree- prisoned Nelson Mandela, we are going Republican President. If it is unfair, ments that we have reached with other to impose trade restrictions against an why is the President of the United countries. apartheid regime. Mr. Speaker, if that States not going to the WTO tomor- Mr. Speaker, I urge my colleagues to occurred today, if the City of Bur- row? Why did Bill Clinton not go? I do reject this resolution. Let us work to- lington, Vermont, the State of not want to be partisan here. Why did gether to open up markets. Vermont, the United States Congress, neither of them go? And they are not Mr. Speaker, I yield back the balance said we want to bring down economi- going to go. of my time. cally some type of fascistic govern- The issue here is that these trade Mr. SANDERS. Mr. Speaker, I yield ment running the country, that coun- agreements have been forced on Con- myself the balance of my time. try would go to the WTO and the WTO gress, not forced, Congress willfully did To begin with, at a time when there would say, gee, you are in violation of it, because of the power of big money. is so much animosity and partisanship free trade agreements. It does not mat- It is no secret. Some of us who were in this body, I am very pleased that ter the morality of the issue. The only here for NAFTA, some of us here for what we have brought forth together is thing that matters is unfettered free the China agreement, we know the mil- a true tripartisan effort. trade. lions and millions of dollars in cam- I want to thank the gentleman from Mr. Speaker, what my friends on the paign contributions and huge lobbying Texas (Mr. PAUL), the gentleman from other side of this debate have really effort on the part of the large corpora- Oregon (Mr. DEFAZIO), the gentleman failed to discuss is the impact of the tions. Because the truth of the matter from Tennessee (Mr. DUNCAN), the gen- unfettered trade policies that we have is that while unfettered free trade is a tleman from Arizona (Mr. GRIJALVA), been developing over the last 30 years. disaster for the middle class and work- the gentleman from Indiana (Mr. You have not heard them say really ing families of this country, it really HOSTETTLER), the gentleman from one word about that. Yes, they have does benefit the heads of large corpora- North Carolina (Mr. JONES), the gen- talked about economic growth that is tions. They are, in fact, doing very tleman from Ohio (Mr. KUCINICH), the taking place in America, but they for- well. gentleman from Wisconsin (Mr. SEN- got to tell you who was benefiting from We see General Electric, General Mo- SENBRENNER), the gentleman from that economic growth. They have for- tors moving to China. That is not a Michigan (Mr. STUPAK), and the gen- gotten to tell you that for the average good thing for Americans. tleman from Colorado (Mr. TANCREDO) American worker his or her wages have Let me conclude simply by saying, for cosponsoring this amendment and, gone down significantly in the last 30 Mr. Speaker, let us send the President as I think most people know, that cov- years. of the United States a message. Let us ers a very, very broad spectrum of po- Yes, the wealthiest people in this say that our current trade policies are litical thought. country are making out like bandits. failing. Let us stand up for working Mr. Speaker, some have argued Yes, there has been a doubling in the families around the country. Let us against this resolution by saying it gap between the rich and the poor. pass this resolution. would be a disaster if it were passed, That is true. Yes, CEOs of large cor- Mr. Speaker, I yield back the balance that we would be withdrawing from the porations make 400 times what their of my time.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12021 Mr. SHAW. Mr. Speaker, I yield my- World Trade Organization has no en- lion. New jobs will be created in Central self the balance of my time. forcement authority. It cannot impose America, and labor standards are likely to There is quite a bit of ground that we fines, levies, sanctions, modify tariff improve as a result of CAFTA. Some improvements could be made in the have covered here this morning. One is rates or change the laws of any coun- trade bill, particularly on the labor protec- that somehow CAFTA has been try. The only sanction for a violation tion side, but, more importantly our own na- brought into this debate by a couple of of the World Trade Organization is that tional security and hemispheric influence speakers. affected World Trade Organization will be enhanced with improved stability, de- I would like to submit for printing in member, and that member country mocracy, and development in our poor, frag- the RECORD a letter dated June 8, 2005, may in some cases impose retaliatory ile neighbors in Central America and the which was just yesterday, from former measures on trade of the country that Caribbean. During my presidency and now at The Carter Center, I have been dedicated to President Jimmy Carter to Mr. BILL violates the rules. But that is not en- the promotion of democracy and stability in THOMAS, the chairman of the Ways and forcement by the World Trade Organi- the region. From the negotiation of the Pan- Means Committee, in support of zation. The World Trade Organization ama Canal Treaties and the championing of CAFTA. agreement permits the United States human rights at the time when the region In this letter, he says, If the United to regulate and even stop trade to pro- suffered under military dictatorships to the States Congress were to turn its back tect United States national security, monitoring of a number of free elections in on CAFTA, it would undercut these public health and safety, natural re- the region, Central America has been a fragile democracies, compel them to major focus of my attention. sources and human rights. So we are There now are democratically elected gov- retreat to protectionism, and make it not giving up any of our sovereignty by ernments in each of the countries covered by harder for them to cooperate with the remaining in the World Trade Organi- CAFTA. In negotiating this agreement, the United States. zation. president of each of the six nations had to This is the type of bipartisan co- On the question of jobs and the ex- content with their own companies that fear operation that we are about here porting of American jobs, exports ac- competition with U.S. firms. They have put today. It is important, I think, to real- count for about 25 percent of the their credibility on the line, not only with ize that this resolution came before the this trade agreement but more broadly by United States economic growth over promoting market reforms that have been Ways and Means Committee because the course of the past decade. Exports urged for decades by U.S. presidents of both we were required to take it up if it support an estimated 12 million jobs, parties. If the U.S. Congress were to turn its were to be filed under the law origi- and those workers’ wages are esti- back on CAFTA, it would undercut these nally bringing us into the World Trade mated to pay 13 to 18 percent more on fragile democracies, compel them to retreat Organization. On both sides of the the average than nonexport jobs. to protectionism, and make it harder for aisle, I believe I am correct on this, United States exports directly support them to cooperate with the U.S. that the decision by the Ways and For the first time ever, we have a chance one in every five manufacturing jobs. to reinforce democracies in the region. This Means Committee to report this out Workers in most trade-engaged indus- is the moment to move forward and to help unfavorably to the House, which we tries where combined exports and im- those leaders that want to modernize and hu- had to do procedurally, but to report it ports amount to at least 40 percent of manize their countries. Moreover, strong out unfavorably, I think, was unani- their domestic industrial output earn economies in the region are the best antidote mous on both sides of the aisle. an annual compensation package that to illegal immigration from the region. There is criticism as to what is hap- is one-third more than the average In appreciate your consideration of my pening, and some people would like to views and hope they will be helpful in your compensation in the least trade-en- important deliberations. change some of the things within the gaged sectors. A recent University of Sincerely, framework of the World Trade Organi- Michigan study shows that lowering re- JIMMY CARTER. zation, but the Ways and Means Com- maining global trade barriers by just Mr. HOLT. Mr. Speaker, I rise today to ex- mittee, I think, was very, very respon- one-third would boost annual average press my concerns about H. Res. 27. H. Res. sible. family income by an additional $2,500. 27 would withdrawal the United States from Now the question of jobs and the So if you are interested in jobs, vote participation in the World Trade Organization. economy has been raised, and China against this resolution. If you are in- I did not support a similar resolution five years has been brought into this debate. terested in the economy and the ago, and I do not support this resolution today, China has got some problems with growth of our economy of this United International trade is not just inevitable, it is their currency and some things we States, vote against this resolution. If a good thing. We live in a world today where need to do and their enforcement of you want chaos in world trade, vote for more people can afford ever cheaper goods. their own laws. I will yield that ground it, because that would exactly be what But lowering the cost of goods and increasing to those that bring that criticism to we would have. We would have total their availability is not the single goal of trade. us. But I think it is important to real- chaos. It would be the wild, wild west. Trade done right helps lift the global standard ize where those jobs are coming from I think that the only responsible vote of living and works to protect the irreplaceable or where those exports, who are the here today for the American worker environment we inherited. Trade is about val- winners and losers with regard to the and the American economy is to vote ues. I want to make sure the United States not Chinese exports. no on this resolution. only exports our-world class agriculture, but The Chinese exports are draining off JUNE 8, 2005. also our respect for the natural environment the exports from Japan, Korea and Hon. BILL THOMAS, and enforceable labor laws. We should make other Pacific Asian countries. That is Rayburn House Office Building, sure we export the goods we produce and not where those jobs are coming from. If Washington, DC. the workers who produce them. you talk about and look at exactly the TO REPRESENTATIVE BILL THOMAS: As you That is why we must use the WTO to ad- exports into the United States from prepare for your initial consideration of the Central American Free Trade Agreement dress these labor and environmental con- that region of the world, you will see (CAFTA) with the nations of Central Amer- cerns. But if we walk away from the WTO, we that it is fairly flat, not for China, but ica and the Dominican Republic, I want to won’t be able to address any of these issues, China is increasing its exports at the express my strong support for this progres- Where else can we give voice to issues of expense of these other countries. sive move. From a trade perspective, this child labor or environmentally destructive prac- The question has been brought into will help both the United States and Central tices of some industries? The WTO—imperfect this debate as to the sovereignty of the America. as it may be—is the forum that we, along with United States. It is very clear to any- Some 80 percent of Central America’s ex- the other members of the international com- one, any of the lawmakers in this Con- ports to the U.S. are already duty free, so they will be opening their markets to U.S. munity, established to enforce trade rules and gress, that Congress and the President exports more than we will for their remain- more importantly allow for an open dialogue make United States laws. The World ing products. Independent studies indicate on the trade issues that concern us. Trade Organization cannot change laws that U.S. incomes will rise by over $15 billion We need to realize that even if there are le- either today or in the future. The and those in Central America by some $5 bil- gitimate problems with the WTO, and I agree

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12022 CONGRESSIONAL RECORD—HOUSE June 9, 2005 that some exist, the solution is not to unilater- Mr. COSTELLO. Mr. Speaker, I rise today in the opportunity to substantially improve the ally withdraw from the WTO. Withdrawing from support of H.J. Res. 27, which would withdraw WTO by reaching agreements on service ne- the WTO would not help to solve any of these the United States from further participation in gotiations, the reduction of tariffs and non-tariff problems. Not one. We cannot stop trade, and the World Trade Organization (WTO). I do so barriers, and the authority of the WTO dispute we cannot end the global economy. What we not because I am against international institu- resolution system. We need to see these ne- can do is work within the World Trade Organi- tions, or even the stated purpose of the WTO. gotiations through to a satisfactory end. zation to address these concerns. We should I am voting yes today to voice my opposition Nevertheless, despite its imperfections, the not allow any others to dictate to us about to U.S. trade policies that continue to augment WTO provides a stable and predictable global what is in our national interest, but we must the ‘‘race to the bottom’’ international trade trading system that benefits the U.S. both eco- recognize that we cannot accomplish our na- culture that has sent good-paying American nomically and strategically. tional goals in isolation from the rest of the jobs overseas in pursuit of ever-lower wages And although I will be watching the Doha world. We can only work to protect American and lax labor and environmental standards. In- Round with keen interest, I support U.S. par- workers from anticompetitive practices of for- stead of pursuing policies that lift up and im- ticipation in the WTO and therefore oppose eign countries from within the WTO, not by sit- prove the lives of workers in this country and this resolution. ting on the sidelines. We should be working around the world, we have crippled U.S. com- Mr. PETERSON of Minnesota. Mr. Speaker, with our trade partners and with the WTO to munities while enabling the exploitation of for- there are many reasons to question whether enforce our existing trade rules. I urge my col- eign workforces. or not the United States should remain in the leagues to vote against this resolution. I believe Congress must send a strong sig- WTO. Among them: the current trade deficit of Mr. BACA. Mr. Speaker, I rise in opposition nal to the current administration that the past $618 billion; the disappointing enforcement ef- to H.J. Res. 27, which withdraws approval of ten years have demonstrated the serious fail- forts of the Administration on past trade agree- the United States from the agreement estab- ures of U.S. trade policy. In light of our mas- ments; and the lack of consensus in the WTO lishing the World Trade Organization. sive trade deficit, loss of manufacturing jobs on how to move forward with the Doha Round. The WTO was created to oversee and regu- and the ongoing currency manipulation by for- But at this point, it is too early to give up late international commerce through the estab- eign countries, my vote today supports the hope. The WTO is essentially our only chance lishment of universal trade agreements. The hard working families in America. To have fair, to address the major distortions in world agri- institution of these agreements would provide sustainable, and balanced international trade, cultural markets. assurance and accountability between mem- we need a fundamental review of U.S. inter- The Organization for Economic Cooperation ber nations, with the prospect of future eco- national trade policies, and Congress and the and Development is a group of 30 countries nomic prosperity. The goal of these trade Bush administration should take this oppor- including the United States, most European practices is to ease facilitation of global busi- tunity to lead this effort. countries, Japan, Mexico, Australia, and New ness for producers, exporters, and importers. There are serious national security consider- Zealand. It is widely regarded as the most reli- My opposition to this resolution and con- ations inherent in our trade policy, and I be- able source of objective information comparing sequent support of the WTO is not without lieve we ignore these ramifications at our own subsidy levels of various developed countries. qualification. risk. Our social fabric is also endangered—as Perhaps the most useful number the OECD While there is great value in continuing mul- jobs leave the country, as people that have calculates is one that compares the amount of tilateral trade regulations and mailltaining the worked hard their entire lives lose their pen- each dollar that a farmer receives due to gov- general integrity of the WTO, this organization sions and healthcare, what are these families has consistently foundered in its role of impar- ernment policies, such as tariffs or farm sup- to do? What made the U.S. the greatest coun- port programs, versus the amount the farmer tial adjudicator and continues to undermine try in the world is the ability of high school the domestic trade sovereignty of our Nation. receives from the marketplace. They call this educated Americans to make a good living in number the Producer Support Estimate. Over the past decade, we have witnessed a the manufacturing and industrial sectors. massive increase in the U.S. trade deficit, an In its 2004 report on Agriculture, the OECD These jobs increasingly have moved over- notes that the Producer Support Estimate for alarming number of dislocated American work- seas, and it is hard to support a family on ers, and consistent threats to the autonomy of the United States decreased in recent years, service sector wages. Meanwhile, I have tried and that this is a part of a long term trend in U.S. domestic trade policy. twice in the last year to pass an amendment U.S. agricultural policy. As the OECD points The international community has seen the to simply study the issue of the outsourcing of out, support in the U.S. to producers de- numerous shortcomings of the WTO system, American jobs, and have twice been defeated creased from 25% in 1986–88 to 18% in 2003, including poorly enforced labor laws that afford on close votes. many countries an unfortunate competitive ad- Mr. Speaker, voting yes today will not solve and has remained below the OECD average. vantage in the global marketplace. The these problems, but it will signal that we will Europe has increased support to 37% in 2003. premise of independent unionization and equi- reevaluate the trade policy of this nation. I What this means is that European farmers table development has not been realized in urge my colleagues to undertake this work rely on the government for twice as much of the past 10 years under the WTO and con- and vote yes on H.J. Res. 27. their income as do U.S. farmers—or 37 cents tinues to underscore the need for a reevalua- Ms. LORETTA SANCHEZ of California. Mr. from each dollar versus 18 cents for U.S. tion and modification of the institution. Speaker, I rise in opposition to H.J. Res, 27, farmers. Though the World Trade Organization has a resolution withdrawing the U.S. approval of What relevance do all these statistics have failed to deliver on the promises of economic the WTO. to the current WTO negotiations on agri- gains to developing countries and general While there are legitimate disagreements culture? The framework agreement provides worldwide trade policy, the solution is not to about how world trade is organized, and how for harmonization in all three major areas of withdraw U.S. support or approval. We must trade agreements are negotiated, I think that it negotiation. On domestic subsidies, the frame- continue to work inside the infrastructure of is important to have a forum and structure for work states: ‘‘Specifically, higher levels of per- the WTO and towards progressive policies. As international trade. And that’s the World Trade mitted trade-distorting domestic support will be a principal partner in the WTO, we must not Organization. subject to deeper cuts.’’ disassociate ourselves from the organization Let’s not overlook the fact that in the 10 In the section of the WTO framework agree- or we will realize the regression of our global years since the WTO’s inception, we’ve seen ment on export competition, it is agreed that economy. Our obligations to the American global tariff rates fall and U.S. exports rise. export subsidies will be eliminated. The EU re- worker necessitate a competent and respon- Moreover, ninety-seven percent of our inter- mains the largest user of export subsidies in sible trade policy that can only be achieved national trade is with other WTO nations. the world, and the elimination of export sub- through the refinement of the current system. Withdrawing from the WTO would upset rela- sidies will eventually apply additional pressure Mr. Speaker, I oppose this resolution but re- tions with these important partners and mar- to its domestic subsidy programs. serve judgment over the current policies and kets. In the section of the WTO framework agree- procedures of the World Trade Organization. It That being said, the WTO is by no means ment dealing with market access, there is lan- is in the best interests of our nation to con- a perfect institution. It is important that we are guage calling for a tiered formula with ‘‘deeper tinue our active involvement in the WTO, while having this debate today. cuts in higher tariffs’’. Average U.S. tariffs on reconsidering and reworking current inter- In the ongoing Doha round of trade negotia- agricultural products is 12% versus 30% in national trade policies. tions, the U.S. and our global partners have Europe and 50% in Japan. The world average

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12023 tariff on agricultural products is 62%. This has also served as a useful forum to break- work properly, as it was designed to do, and means that the U.S. tariffs on agricultural im- down barriers to U.S. agricultural exports ways to make it better. ports should be cut less than European, Japa- where bilateral negotiations could not. The U.S. must move swiftly to put an end to nese, or other countries tariffs on our exports While I will vote against this resolution judicial activism in the WTO and reorganize to them. today, it is not without any reservation. Mr. the structure and culture of both the Appellate As with all negotiations, the framework Speaker, I believe the resolution on the floor Body and the dispute settlement body. Addi- agreement reached last July on agriculture al- today provides the ideal time to pause and re- tionally, the USTR should deputize private par- lows for a best-case and worst-case scenario flect on the shortcomings of the current WTO ties with a direct and substantial interest in a to exist, which future negotiations will deter- system and on ways both the Congress and case to appear and participate in WTO pro- mine. In these negotiations, we will depend on the Administration can make changes to the ceedings and devote greater resources to liti- our U.S. Trade Representative to achieve a WTO structure so that it works better and re- gation in WTO disputes. Mr. Speaker, Con- result that upholds the principle of harmoni- builds confidence in the system among our gress must also establish new mechanisms to zation that was set out in the original U.S. ne- constituencies. increase oversight of the WTO. gotiating position in June of 2000. If that prin- I find the lack of any serious effort to reform Mrs. JONES of Ohio. Mr. Speaker, I concur ciple is upheld in the final agreement, we will the current WTO culture and structure to fix with my Ways and Means Democratic col- be glad we rejected this resolution today. If the flaws with the unsatisfactory. There are a leagues regarding the United States continued not, it will be time to give serious consider- host of problems with the WTO, and the num- participation in the World Trade Organization ation to leaving the WTO. ber of problems is only growing. (WTO). I do not agree with House Joint Reso- Mr. KING of Iowa. Mr. Speaker, I rise today The WTO completely lacks any degree of lution 27 and withdrawing Congressional ap- to comment on H.J. Res. 27, which seeks to transparency; hearings are closed to the pub- proval of the WTO agreement. withdraw the approval of the United States lic and public transcripts are not released. Our society is becoming global. There is from the Agreement establishing the World Where, in a very limited manner, WTO rules growing interdependence of countries, result- Trade Organization. permit limited transparency by allowing the as- ing from the increasing integration of trade, fi- During my first term in Congress, I wit- sistance and resources of private parties who nance, people, and ideas in one global mar- nessed firsthand the breakdown in affairs at are supportive of the U.S. government posi- ketplace. So, as international trade expands the World Trade Organization’s trade tion, the Administration has chosen not to uti- due to globalization, we need a set of trade negations in Mexico. Negotiations collapsed lize this allowance. rules and an international body to enforce as delegates from many underdeveloped Transparency is not the only problem con- those rules—the WTO. countries celebrated their perceived success tributing to the WTO’s failure to move rules- The WTO, and its predecessor, the General as an increasingly powerful band of poor farm- based trade forward globally, but it is the cen- Agreement on Tariffs and Trade, have opened ing countries, known as G–21, held strong to tral factor allowing the WTO and its bureau- foreign markets around the world for U.S. prevent talks from proceeding. crats to escape the scrutiny which would goods and services. This has created new op- It is important that each participating country quickly eradicate other abuses in Geneva. portunities for U.S. businesses, farmers, man- have a voice in negotiations, but by banding Through the lack of transparency, the WTO ufacturers, and workers. The U.S. economy is together to divert trade talks, underdeveloped dispute settlement and Appellate bodies are stronger because of the WTO. countries ultimately hurt themselves. No one emboldened to disregard the proper standard There are improvements, however, that can in Europe or the United States will starve to of review in disputes involving trade laws, for be made. There has to be better collaboration death because of their efforts, but the citizens example. In this way, past WTO panels have in understanding the relationship between in their own countries will be put at risk. issued rogue decisions against the U.S. with trade and labor issues. We must ensure that What occurred puts the viability of the WTO no basis or standing in the context of pre- core labor standards are enforced, particularly in question, but it also allows the U.S. to go viously negotiated Agreements. This rampant in developing economies. We must have more forth with trade promotion authorization on its judicial activism is rapidly undermining the meaningful dialogue about environmental own. While I believe the WTO needs reform, support for the WTO. issues in trade discussions. We can accom- I do not want us to abandon our place at the As the WTO is particularly prone to Yankee- plish this by fully integrating the work of the table. If America were to pull out of the WTO, bashing, support for the current, broken sys- WTO Committee on Trade and Environment we would lose the ability to influence the orga- tem is perhaps fading fastest here at home. A into the work of WTO negotiating groups. nization and its negotiations internally. slew of activist decisions against the U.S., at- Furthermore, the WTO needs to be fully Our farmers and producers in Iowa and tacking our trade remedy laws and another aware of the vulnerability of our domestic steel across the country are some of the most effi- decision amounting to micromanagement of industry. Ohio is the nation’s leading producer cient in the world and are capable of com- U.S. tax policy have come at a steady pace. of steel. China’s strategy of undervaluing their peting and winning in world markets, so long These decisions have been particularly frus- currency, the yuan, and dumping steel into our as they do not face unfair foreign government trating to many Members of Congress be- domestic market puts Ohioans in danger of policies. The enforcement of a rules-based cause of limited opportunity for oversight by losing their jobs. Ohio manufacturers produced trading system through the World Trade Orga- Congress of the WTO or its decisions which $4.59 billion in value-added steel production nization is our best opportunity to gain access affect our domestic laws and domestic em- and processing last year. The steel industry to these markets for our Nation’s farmers and ployers. I, along with several of my Ways and generates over 110,000 jobs in the State of rural communities. Means colleagues, last Congress introduced Ohio. We cannot compromise the strength of Mr. Speaker, I intend to vote against H.J. the Trade Law Reform Act. This legislation in- our domestic steel industry. The WTO must be Res. 27 because it is clear that our economic cluded a provision to establish a WTO Dispute cognizant of the trade challenges faced by interests continue to benefit from engagement Settlement Review Commission. This Com- U.S. steel manufacturers. with trading partners. mission, composed of retired federal judges, I believe that the United States should con- Mr. ENGLISH. Mr. Speaker, today the would report to Congress after reviewing WTO tinue to be a member of the WTO and remain House will undoubtedly vote down this resolu- decisions adverse to the U.S. in order to de- committed to free trade. However, we must tion and signal strong support for remaining in termine whether the relevant decision makers ensure that our domestic concerns are prop- the World Trade Organization. This is the right failed to follow the applicable standard of re- erly addressed within the WTO. decision to make. view or otherwise abused their mandate. Mr. ETHERIDGE. Mr. Speaker, I rise today It is the right decision to make because the Today, we have spent two hours debating in opposition to House Joint Resolution 27. WTO, and its predecessor, the GATT, have whether Congress should withdraw from the Withdrawing from the World Trade Organiza- served as a catalyst to reduce both tariff and WTO. Yet, absent a new entity to administer tion (WTO) would be an abandonment of non-tariff barriers for U.S. exports. Since the and advance rules-based trade, there is no America’s leadership in trade and an eco- formation of the GATT, average tariffs in in- question that we must remain committed to, nomic disaster for our nation. dustrialized countries have gone down from 40 and engaged in, the WTO. I would submit that For decades, the United States has been to less than 4 percent; since the creation of instead of debating whether to withdraw from the leading voice in the world for the free mar- the WTO in 1994, U.S. exports have in- the WTO, Congress should have an active de- ket system and economic cooperation among creased by $300 billion. Of course, the WTO bate on ways we can make the current system nations because capitalism works for America.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12024 CONGRESSIONAL RECORD—HOUSE June 9, 2005 We were one of the founders of the General unfair trade barriers: dispute resolution. If we The question is on the engrossment Agreement on Tariffs and Trade as well as its were to withdraw from the WTO, other coun- and third reading of the joint resolu- successor, the WTO. America has consistently tries could impose unfair tariffs or other bar- tion. pushed for a rational, rules-based approach in riers to American goods, or ‘‘dump’’ goods, The joint resolution was ordered to dealing with international trade because we and we could only retaliate in return and risk be engrossed and read a third time, and know our unique, competitive, vibrant, and in- getting into a potentially dangerous trade war. was read the third time. novative economy will allow most U.S. eco- If we want to grow and expand our eco- b 1230 nomic sectors to compete successfully against nomic opportunities, we must engage with the any nation provided we have a fair playing rest of the world. I believe that abandoning a The SPEAKER pro tempore (Mr. field and open access to foreign markets. rules-based trade system would be detrimental FOSSELLA). The question is on the pas- If we abandon the WTO, we abandon those to American families, workers, business, and sage of the joint resolution. years of leadership in trade. Do we want the national security. We need to do all we can to The question was taken; and the Europeans or the Japanese to be the eco- ensure Americans benefit from the global Speaker pro tempore announced that nomic model other nations look to emulate? economy. But shutting our doors on the WTO the noes appeared to have it. Do we really want them to decide the rules by isn’t the answer. Mr. SANDERS. Mr. Speaker, on that which the rest of the world economy will run? Mr. COSTA. Mr. Speaker, I rise to reiterate I demand the yeas and nays. If we shut ourselves out of the process, we my reluctant support of Mr. SANDERS’s effort The yeas and nays were ordered. put our farmers, manufacturers, businesses, last week to withdraw the United States from The vote was taken by electronic de- an workers at a strategic disadvantage com- the World Trade Organization. Make no mis- vice, and there were—yeas 86, nays 338, pared to others in the world. take: I fully support global commerce. Al- answered ‘‘present’’ 1, not voting 8, as North Carolina’s economy depends on ex- monds, which I grow on my land in Fresno, follows: ports, and we need to break down barriers to have become California’s most valuable export [Roll No. 239] overseas markets so that our technology, agri- through development of foreign markets. In YEAS—86 culture, manufacturing and other sectors can fact, more than two-thirds of this $1 billion Abercrombie Goode Owens expand on our progress in international com- crop are shipped outside of the United States Aderholt Green, Gene Pallone petition. Studies show that one in five manu- every year. So, I truly understand the benefit Baldwin Grijalva Pascrell facturing jobs in North Carolina depend on ex- of opening the world to the abundance of U.S. Barrett (SC) Hinchey Pastor Barrow Hostettler Paul ports. These jobs on average pay 13–18 per- products. Bartlett (MD) Hunter Payne cent more than the U.S. average. Every $1 bil- However, free trade must also be fair trade. Bilirakis Istook Pombo lion in exports creates 20,000 jobs in the Unfortunately, regardless of the diligent work Bishop (UT) Jackson (IL) Rahall Brown (OH) Jenkins Rohrabacher United States. and excellent intentions of our trade nego- Cardoza Jones (NC) Ryan (OH) The United States represents only 4.7 per- tiators, the bi-lateral and multi-lateral agree- Coble Jones (OH) Sabo cent of the world population. If we want our ments we have entered into are not serving Costa Kaptur Sa´ nchez, Linda economy to continue to grow, we need to be America well, especially the interests of Amer- Costello Kennedy (RI) T. Davis (IL) Kildee Sanders able to sell to the other 95.3 percent of the ican agriculture. Davis (TN) Kucinich Schakowsky world. The WTO, for all its flaws and faults, re- The evidence of our trade failures is undeni- Deal (GA) LaTourette Sensenbrenner mains the best venue for leveling the playing able. Over the last four years, the U.S. trade DeFazio Lee Strickland Doyle Lynch Stupak field and gaining access to new markets. That deficit has grown exponentially. This year, in Duncan Marshall Sullivan is why I urge my colleagues to vote down this spite of the Trade Promotion Authority enjoyed Evans McCotter Tancredo resolution. by the President and the plethora of agree- Everett McIntyre Taylor (MS) Mr. UDALL of Colorado. Mr. Speaker, I ments brought before this body, America’s Feeney McKinney Taylor (NC) Foxx Miller (FL) Tierney would like to clarify my opposition to H.J. Res. trade deficit is the largest it has been in nearly Frank (MA) Mollohan Visclosky 27, a resolution to withdraw U.S. approval of fifty years. More alarming is the fact that this Franks (AZ) Ney Wamp the Uruguay Round Agreement Act estab- year, though the U.S. dollar is valued well- Garrett (NJ) Norwood Waters Gibbons Oberstar Weldon (FL) lishing the World Trade Organization (WTO). below most other currencies, our nation will Gingrey Obey Westmoreland Although I oppose the resolution, I am glad import more goods than it exports. Gohmert Otter Whitfield we are having this debate today. The 1994 For the sake of the American agricultural NAYS—338 law that helped create the WTO included an economy, we must do better. We must make important provision that allows Congress to re- a serious evaluation of the way in which we Ackerman Bradley (NH) Cramer Akin Brady (PA) Crenshaw assess U.S. participation in the organization conduct trade, beginning with the agreements Alexander Brady (TX) Crowley every five years. The constantly shifting global we negotiate. I am reminded of a quote from Allen Brown (SC) Cubin trade landscape makes regular Congressional the distinguished former Ranking Member of Andrews Brown, Corrine Cuellar Baca Brown-Waite, Culberson review of U.S. participation in the WTO espe- the House Agriculture Committee, Charlie Bachus Ginny Cummings cially critical. Stenholm: ‘‘When you find yourself in a hole, Baird Burgess Cunningham Like many of my constituents, I am con- stop digging.’’ Baker Burton (IN) Davis (AL) cerned about investment and jobs moving to In conclusion, my vote today was a vote of Barton (TX) Butterfield Davis (CA) Bass Buyer Davis (FL) other countries that have weaker labor and protest. I truly hope and fully expect that we Bean Calvert Davis (KY) environmental standards. I am also concerned will successfully enter and engage in the WTO Beauprez Camp Davis, Tom about the growing U.S. trade deficit, WTO process. However, I believe it is time for the Becerra Cannon DeGette Berkley Cantor Delahunt pressure to downgrade our consumer protec- Administration to acknowledge that all of us Berman Capito DeLauro tions, and challenges to our federal laws who are concerned about American agricul- Berry Capps DeLay posed by the WTO’s closed dispute resolution tural trade policy are dissatisfied. The ‘‘yea’’ Biggert Capuano Dent tribunals. vote I cast last Thursday is my message to Bishop (GA) Cardin Diaz-Balart, L. Bishop (NY) Carnahan Diaz-Balart, M. But retaining U.S. participation in the WTO the Administration and my colleagues in Con- Blackburn Carson Dicks doesn’t mean we can’t or shouldn’t work to im- gress that we absolutely must develop a new Blumenauer Carter Dingell prove global trading system. The objective trade strategy. And, throughout that delibera- Blunt Case Doggett Boehlert Castle Doolittle should be to mend it, not end it. The WTO is tion, American agriculture must have a seat at Boehner Chabot Drake the only international organization dealing with the table. Bonilla Chandler Dreier the global rules of trade between nations. Mr. SHAW. Mr. Speaker, I yield back Bonner Chocola Edwards Over 90 percent of all world trade is con- the balance of my time. Bono Clay Ehlers Boozman Cleaver Emanuel ducted within the WTO. The SPEAKER pro tempore. Pursu- Boren Clyburn Emerson Withdrawal from the WTO would isolate the ant to House Resolution 304, the joint Boswell Cole (OK) Engel U.S. from the international economy. It would resolution is considered read for Boucher Conaway English (PA) also eliminate the best recourse American amendment and the previous question Boustany Conyers Eshoo Boyd Cooper Etheridge businesses and workers have when faced with is ordered.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12025 Farr Linder Rogers (AL) bama, BACHUS, BRADY of Texas, person as a shared staff member from his or Fattah LoBiondo Rogers (KY) KINGSTON and SHADEGG changed her personal staff to perform service for the Ferguson Lofgren, Zoe Rogers (MI) their vote from ‘‘yea’’ to ‘‘nay.’’ Committee; and further provides such shared Filner Lowey Ros-Lehtinen staff persons are exempt from the provision Fitzpatrick (PA) Lucas Ross Messrs. GARRETT of New Jersey, requiring that ‘‘the staff be assembled and Flake Lungren, Daniel Rothman SULLIVAN, FRANKS of Arizona, Foley E. retained as a professional, nonpartisan staff’’ Roybal-Allard GINGREY, BARRETT of South Caro- Forbes Mack Royce and the provision stating that ‘‘no member Ford Maloney Ruppersberger lina and MOLLOHAN changed their of the staff shall engage in any partisan po- Fortenberry Manzullo Rush vote from ‘‘nay’’ to ‘‘yea.’’ litical activity directly affecting any con- Fossella Marchant Ryan (WI) gressional or presidential election;’’ Frelinghuysen Markey So the joint resolution was not Ryun (KS) passed. Whereas, from 1997 through 2004, the Staff Gallegly Matheson Salazar Director/Chief Counsel and other profes- Gerlach Matsui Sanchez, Loretta The result of the vote was announced sional staff were appointed by an affirmative Gilchrest McCarthy Saxton as above recorded. Gillmor McCaul (TX) vote of a majority of the members of the Schiff Gonzalez McCollum (MN) Committee, and the shared staff members Schwartz (PA) f Goodlatte McCrery Schwarz (MI) exercised no supervisory or other authority Gordon McDermott Scott (GA) PERSONAL EXPLANATION over the professional staff; Granger McGovern Scott (VA) Mr. FEENEY. Mr. Speaker, in rollcall vote Whereas, in January of 2005, the Chairman Graves McHenry of the Committee improperly and unilater- Green (WI) McHugh Serrano 239 held today on H.J. Res. 27 I was re- Sessions ally fired nonpartisan Committee staff; Green, Al McKeon corded as ‘‘yea.’’ This incorrectly represents Gutierrez McMorris Shadegg Whereas, the Chairman now proposed to Gutknecht McNulty Shaw my view on this resolution. I intended for my designate his shared staff person as the Com- Hall Meehan Shays vote to be recorded as ‘‘no.’’ I have long been mittee Staff Director, clothed with super- Harman Meek (FL) Sherman a supporter of free trade, and though I believe visory authority, without subjecting him to Sherwood Harris Meeks (NY) the WTO may have some faults, I support the a vote of the Committee; Hart Melancon Shimkus Whereas, because of the Chairman’s pro- Hastings (WA) Mica Shuster United States membership in the organization. posal and with nearly half of the First Ses- Simmons Hayes Michaud f sion of the 109th Congress having expired, Hayworth Millender- Simpson the committee has been unable to carry out Hefley McDonald Skelton PRIVILEGES OF THE HOUSE—RE- Hensarling Miller (MI) Slaughter its charge, set out in Rule XI, to investigate Herger Miller (NC) Smith (NJ) STORING PUBLIC CONFIDENCE IN allegations of misconduct by Members and Herseth Miller, Gary Smith (TX) ETHICS PROCESS staff; Higgins Miller, George Smith (WA) Whereas, the Committee’s resulting inabil- Hinojosa Moore (KS) Snyder Ms. PELOSI. Mr. Speaker, we are ity to carry out its duties has subjected the Hoekstra Moore (WI) Sodrel halfway through the first session of the House to public ridicule and produced con- Holden Moran (KS) Solis 109th Congress and the Committee on tempt for the ethics process, thus bringing Holt Moran (VA) Souder Honda Murphy Standards of Official Conduct has yet discredit to the House; now be it Spratt Resolved, That the Committee on Stand- Hooley Murtha Stark to begin its important work; and be- Hoyer Musgrave Stearns cause the chairman of the Committee ards of Official Conduct is hereby directed to Hyde Myrick Sweeney on Standards of Official Conduct re- proceed in accord with clause 3(g) of rule XI, Inglis (SC) Nadler to appoint, upon an affirmative vote of the Tanner fuses to obey the rules of the House Inslee Napolitano Tauscher majority of the Members of the Committee, Israel Neal (MA) Terry and provide for a nonpartisan staff; a non-partisan professional staff. Issa Neugebauer Thomas therefore, pursuant to rule IX, I rise in Jackson-Lee Northup Thompson (CA) regard to a question of the privileges of b 1300 (TX) Nunes Thompson (MS) Jefferson Nussle the House and offer a privileged resolu- The SPEAKER pro tempore (Mr. Thornberry Jindal Olver Tiahrt tion. SIMPSON). In the opinion of the Chair, Johnson (CT) Ortiz Towns The Clerk read the resolution, as fol- the resolution constitutes a question of Johnson (IL) Osborne Turner Johnson, E. B. Oxley lows: privileges of the House. Udall (CO) Johnson, Sam Pearce Whereas, in 1968, in furtherance of its con- MOTION TO TABLE OFFERED BY MR. BLUNT Kanjorski Pelosi Udall (NM) Upton stitutional authority and to promote the Mr. BLUNT. Mr. Speaker, I move to Keller Pence highest ethical standards for Members of table the resolution. Kelly Peterson (MN) Van Hollen ´ Kennedy (MN) Peterson (PA) Velazquez Congress, the House of Representatives es- PARLIAMENTARY INQUIRY Kilpatrick (MI) Petri Walden (OR) tablished the Committee on Standards of Of- Mr. HOYER. Mr. Speaker, I have a Kind Pickering Walsh ficial Conduct; Wasserman parliamentary inquiry. King (IA) Pitts Whereas, the ethics procedures in effect The SPEAKER pro tempore. The gen- King (NY) Platts Schultz during the 108th Congress, and in the three Kingston Poe Watson preceding Congresses, were enacted in 1997 in tleman will state his parliamentary in- Watt Kirk Pomeroy a bipartisan manner by an overwhelming quiry. Kline Porter Waxman Mr. HOYER. Mr. Speaker, am I cor- Knollenberg Price (GA) Weiner vote of the House of Representatives upon Kolbe Price (NC) Weldon (PA) the bipartisan recommendation of the ten rect that if the gentleman from Mis- Kuhl (NY) Pryce (OH) Weller member Ethics Reform Task Force which souri’s motion prevails, that we will be Langevin Putnam Wexler conducted a thorough and lengthy review of unable to discuss the substance of the Lantos Radanovich Wicker the entire ethics process; Wilson (NM) motion made by the minority leader? Larsen (WA) Ramstad Whereas, Rule XI, clause 3(g) of the Rules The SPEAKER pro tempore. The Larson (CT) Rangel Wilson (SC) of the House, first adopted in 1997 upon the Latham Regula Wolf adoption of the motion to table would Leach Rehberg Woolsey recommendation of the task force, provides that the Committee ‘‘staff be assembled and dispose of the resolution. Levin Reichert Wu Mr. HOYER. I thank the Speaker. Lewis (CA) Renzi Wynn retained as a professional non-partisan staff’’ Lewis (GA) Reyes Young (AK) and ‘‘[a]ll staff member shall be appointed by The SPEAKER pro tempore. The Lewis (KY) Reynolds Young (FL) an affirmative vote of the majority of the question is on the motion to table of- fered by the gentleman from Missouri ANSWERED ‘‘PRESENT’’—1 Members of the Committee;’’ Whereas, Rule XI states that each such (Mr. BLUNT). Lipinski staff person ‘‘shall be professional and de- The question was taken; and the NOT VOTING—8 monstrably qualified for the position which Speaker pro tempore announced that Cox Hobson Menendez he is hired’’ and is prohibited from engaging the ayes appeared to have it. in ‘‘any partisan political activity directly Davis, Jo Ann Hulshof Tiberi RECORDED VOTE Hastings (FL) LaHood affecting any congressional or presidential election;’’ Ms. PELOSI. Mr. Speaker, I demand a recorded vote. b 1257 Whereas, Rule XI also provides that, ‘‘in addition to any other staff provided by law, A recorded vote was ordered. Mrs. CUBIN, Ms. KILPATRICK of rule or other authority,’’ the Chair and The vote was taken by electronic de- Michigan, Ms. MCCOLLUM of Min- Ranking Minority Member may each ap- vice, and there were—ayes 219, noes 199, nesota and Messrs. ROGERS of Ala- point, without a vote of the Committee, one not voting 15, as follows:

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12026 CONGRESSIONAL RECORD—HOUSE June 9, 2005 [Roll No. 240] DeFazio Larsen (WA) Reyes There was no objection. DeGette Larson (CT) Ross The SPEAKER pro tempore. Pursu- AYES—219 Delahunt Lee Rothman DeLauro Levin ant to clause 1 of rule XXI, points of Aderholt Gibbons Nunes Roybal-Allard Dicks Lewis (GA) Akin Gilchrest Nussle Ruppersberger order are reserved. Dingell Lipinski Alexander Gillmor Osborne Rush Doggett Lofgren, Zoe f Bachus Gingrey Otter Ryan (OH) Doyle Lowey Baker Gohmert Oxley Sabo PERMISSION FOR COMMITTEE ON Edwards Lynch Barrett (SC) Goode Paul Salazar Emanuel Maloney APPROPRIATIONS TO HAVE Bartlett (MD) Goodlatte Pearce Sa´ nchez, Linda Engel Markey UNTIL MIDNIGHT JUNE 10, 2005, Barton (TX) Graves Pence T. Eshoo Marshall Bass Green (WI) Peterson (PA) Sanchez, Loretta TO FILE PRIVILEGED REPORT Etheridge Matheson Beauprez Gutknecht Petri Sanders ON SCIENCE, THE DEPARTMENTS Evans Biggert Hall Matsui Schakowsky Pickering Farr OF STATE, JUSTICE, AND COM- Bilirakis Harris McCarthy Schiff Pitts Fattah Bishop (UT) Hart McCollum (MN) Schwartz (PA) MERCE AND RELATED AGENCIES Platts Filner McDermott Blackburn Hastings (WA) Scott (GA) APPROPRIATIONS ACT, 2006 Poe Ford McGovern Blunt Hayes Scott (VA) Pombo Frank (MA) McIntyre Boehlert Hayworth Serrano Mr. WOLF. Mr. Speaker, I ask unani- Porter Gonzalez McKinney Boehner Hefley Sherman mous consent that the Committee on Price (GA) Gordon McNulty Bonilla Hensarling Skelton Pryce (OH) Green, Al Appropriations may have until mid- Bonner Herger Meehan Putnam Green, Gene Slaughter night, June 10, 2005, to file a privileged Boozman Hoekstra Meek (FL) Radanovich Grijalva Smith (WA) Boustany Hostettler Meeks (NY) report on a bill making appropriations Ramstad Gutierrez Snyder Bradley (NH) Hunter Melancon for Science, the Departments of State, Regula Harman Solis Brady (TX) Hyde Michaud Rehberg Herseth Spratt Justice, and Commerce and related Brown (SC) Inglis (SC) Millender- Reichert Higgins Stark Brown-Waite, Issa McDonald agencies for the fiscal year ending Sep- Renzi Hinchey Stupak Ginny Istook Miller (NC) tember 30, 2006, and for other purposes. Reynolds Hinojosa Tanner Burgess Jenkins Miller, George Rogers (AL) Holden Tauscher The SPEAKER pro tempore. Is there Burton (IN) Jindal Mollohan Rogers (KY) Holt Taylor (MS) objection to the request of the gen- Buyer Johnson (CT) Moore (KS) Rogers (MI) Honda Thompson (CA) Calvert Johnson (IL) Moore (WI) tleman from Virginia? Rohrabacher Hooley Thompson (MS) Camp Johnson, Sam Moran (VA) There was no objection? Ros-Lehtinen Hoyer Tierney Cannon Jones (NC) Nadler Royce Inslee Towns The SPEAKER pro tempore. Pursu- Cantor Keller Napolitano Ryan (WI) Israel Udall (CO) Capito Kelly Neal (MA) ant to clause 1 of rule XXI, points of Ryun (KS) Jackson (IL) Udall (NM) Carter Kennedy (MN) Oberstar order are reserved. Saxton Jackson-Lee Van Hollen Castle King (IA) Obey Schwarz (MI) (TX) Vela´ zquez f Chabot Kingston Olver Sensenbrenner Jefferson Visclosky Chocola Kirk Ortiz Sessions Johnson, E. B. Wasserman LEGISLATIVE PROGRAM Coble Kline Owens Shadegg Jones (OH) Schultz Cole (OK) Knollenberg Pallone (Mr. HOYER asked and was given Shaw Kanjorski Waters Conaway Kolbe Pascrell Shays Kaptur Watson permission to address the House for 1 Crenshaw Kuhl (NY) Pastor Kennedy (RI) Watt minute.) Cubin Latham Sherwood Payne Kildee Waxman Culberson LaTourette Shimkus Pelosi Mr. HOYER. Mr. Speaker, I take this Kilpatrick (MI) Weiner Cunningham Leach Shuster Peterson (MN) time for the purpose of inquiring of the Kind Wexler Davis (KY) Lewis (CA) Simmons Pomeroy Kucinich Woolsey majority whip the schedule for the Davis, Jo Ann Lewis (KY) Simpson Price (NC) Langevin Wu Davis, Tom Linder Smith (NJ) Rahall week to come. Lantos Deal (GA) LoBiondo Smith (TX) Rangel Wynn Mr. BLUNT. Mr. Speaker, will the DeLay Lucas Sodrel NOT VOTING—15 gentleman yield? Souder Dent Lungren, Daniel Mr. HOYER. I yield to the gentleman Diaz-Balart, L. E. Stearns Bono Hobson Murtha Diaz-Balart, M. Mack Sullivan Cox Hulshof Strickland from Missouri. Doolittle Manzullo Tancredo Everett King (NY) Sweeney Mr. BLUNT. Mr. Speaker, I thank my Granger LaHood Terry Drake Marchant Taylor (NC) friend for yielding and also for the co- Thomas Hastings (FL) Menendez Tiberi Dreier McCaul (TX) operation of those on the appropria- Duncan McCotter Thornberry b 1323 Ehlers McCrery Tiahrt tions bills this week as we move to an Emerson McHenry Turner Ms. DEGETTE changed her vote from early conclusion of this week’s work. English (PA) McHugh Upton ‘‘aye’’ to ‘‘no.’’ Next Monday, the House will convene Feeney McKeon Walden (OR) Mr. OXLEY changed his vote from Ferguson McMorris Walsh at 12:30 p.m. for morning hour and 2 Fitzpatrick (PA) Mica Wamp ‘‘no’’ to ‘‘aye.’’ p.m. for legislative business. We will Flake Miller (FL) Weldon (FL) So the motion to table was agreed to. consider several measures under sus- Foley Miller (MI) Weldon (PA) The result of the vote was announced pension of the rules. A final list of Forbes Miller, Gary Weller as above recorded. Fortenberry Moran (KS) Westmoreland A motion to reconsider was laid on those bills will be sent to Members’ of- Fossella Murphy Whitfield the table. fice by the end of this week. Any votes Foxx Musgrave Wicker called on those measures that Members Franks (AZ) Myrick Wilson (NM) f Frelinghuysen Neugebauer Wilson (SC) are given notice of will be rolled until Gallegly Ney Wolf PERMISSION FOR COMMITTEE ON 6:30 p.m. on Monday. Garrett (NJ) Northup Young (AK) APPROPRIATIONS TO HAVE On Tuesday and the balance of the Gerlach Norwood Young (FL) UNTIL MIDNIGHT JUNE 10, 2005, week, the House will consider several NOES—199 TO FILE PRIVILEGED REPORT bills under a rule. First of all, the ON DEPARTMENT OF DEFENSE Abercrombie Boren Clay Science and Departments of Com- Ackerman Boswell Cleaver APPROPRIATIONS ACT, 2006 merce, State and Justice Appropriation Allen Boucher Clyburn Mr. WOLF. Mr. Speaker, I ask unani- Act for fiscal year 2006. Following that, Andrews Boyd Conyers the Department of Defense Appropria- Baca Brady (PA) Cooper mous consent that the Committee on Baird Brown (OH) Costa Appropriations may have until mid- tions Act for fiscal year 2006; and then, Baldwin Brown, Corrine Costello night, June 10, 2005, to file a privileged finally, H.R. 2745, the United Nations Barrow Butterfield Cramer report on a bill making appropriations Reform Act. Bean Capps Crowley Becerra Capuano Cuellar for the Department of Defense for the I yield back to my friend, the gen- Berkley Cardin Cummings fiscal year ending September 30, 2006, tleman from Maryland (Mr. HOYER). Berman Cardoza Davis (AL) and for other purposes. Mr. HOYER. I thank the gentleman Berry Carnahan Davis (CA) The SPEAKER pro tempore (Mr. for that information. Bishop (GA) Carson Davis (FL) Bishop (NY) Case Davis (IL) SIMPSON). Is there objection to the re- First, if the distinguished whip Blumenauer Chandler Davis (TN) quest of the gentleman from Virginia? knows, my presumption is, based upon

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12027 the schedule that has been submitted, Services chairman because of some so that it moves forward at the that the probability is we will not have commitments that seemed to have quickest possible time. votes on Friday next. Is that a reason- been made and I think were made dur- Mr. HOYER. Mr. Speaker, I thank able assumption, do you think, for our ing the adoption of the 9/11 bill of the gentleman for that information. Members to make? things that would be included in this I will ask one more question on the Mr. BLUNT. Certainly based on the bill. intelligence issue. Does the gentleman experience we have had for the last That discussion is going on. We are know whether the administration is three Fridays, the cooperation of both going to work hard to do everything we supportive of the position taken by the the ranking member and the leadership can to facilitate a final and complete chairman of the Intelligence Com- of the chairman and the subcommittee understanding between the administra- mittee and the ranking Democrat on chairmen on the appropriations com- tion and the House on the issues that the Intelligence Committee or not? Has mittee, we have been seeing this work they are discussing right now. It in- the administration taken a position on go a little faster than we had antici- volves military intelligence and some that? pated. That could happen again next commitments and discussions that b 1330 Friday. were conducted last year before we Mr. BLUNT. I do not know what The experience again of the last moved forward with what was called at their position on that is. Again, I am three Fridays would lead one to believe that time the 9/11 bill that created the most concerned that we be sure that that, but next week we will adopt the National Intelligence Director’s job we understood our positions when com- same approach. We will get this work and did a number of other things to mitments were made when that bill done early if we can but would advise achieve those goals that the whip just was passed that created the National Members to plan to be here on Friday mentioned in terms of securing our Intelligence Director’s position. because we will want to complete the country in every way that we can. Mr. HOYER. Reclaiming my time, I entire agenda that we have laid out for Mr. HOYER. Mr. Speaker, I thank thank the gentleman. next week’s schedule. the whip for the information. Lastly, we just had a vote on the Mr. HOYER. Mr. Speaker, can the It may be helpful to know that I be- privileged resolution that was offered gentleman tell us, with respect to the lieve on our side of the aisle, we believe by the Democratic leader, the gentle- appropriations bills, which day of the that the gentleman from Michigan (Mr. woman from California (Ms. PELOSI). week, Tuesday and thereafter, you HOEKSTRA) and the gentlewoman from That resolution, as you know, sought might expect each of the individual California (Ms. HARMAN’s) agreement to try to move the ethics process for- bills to come up in particular? was appropriate in the sense that the ward so the Ethics Committee could do Of course, the defense appropriations flexibility be given to the National In- its work. Hopefully, all of us believe bill is of great interest to our Members. telligence Director to provide for the that it is very important that the Eth- Mr. BLUNT. Mr. Speaker, I believe best possible personnel assignment ics Committee be able to undertake its we will do those in the order that they with reference to maintaining our se- work. appeared starting on Tuesday. So I curity and intelligence apparatus in I would hope that the majority would would expect Tuesday’s work to in- the most effective mode would be cor- take steps to perhaps discuss in a bi- clude the Science, Commerce, State, rect, if that is of any help to the whip partisan way the implementation of Justice Appropriations Act, and then as he considers the support that that the existing rules which we believe, as move on to defense appropriations on proposition may have on the floor. you know, require a majority vote for Wednesday if we are completed with I realize there are those on his side of the hiring of a staff director. That is the previous bill, and then to bring the the aisle who have some concerns the way it has always been. From our bill to the floor on United Nations re- about it. I understand that the Sec- perspective, that is the way it was in- form after that. retary of Defense may have some con- tended to be. So it would be a bipar- Mr. HOYER. Mr. Speaker, I thank cern about it. But I think, frankly, I tisan or, better yet, nonpartisan han- the gentleman for that information. would hope that a very substantial ma- dling of the responsibility of the Ethics I note, Mr. Whip, that the intel- jority of the House would agree both Committee. ligence authorization bill, which was with the Republican chairman of the I would hope that in the near term, schedule to be on the floor today, Intelligence Committee and the Demo- next week and the days thereafter, which had been pulled, is not on the cratic ranking member of the Intel- that we would work together to try to schedule for next week. ligence Committee. get this moving forward. Because I That obviously is a very important The gentleman does not have to com- think it is important to both sides of bill. And it is, I would say to my friend, ment on that, but I thought that it the aisle, it is important to the integ- as I understand it, a bill which has the might be useful information for him. rity of the House, and I think it is im- agreement between the chairman of Mr. BLUNT. Mr. Speaker, if I could portant to the American people. the Intelligence Committee and the comment, I would say that we are Mr. BLUNT. I would say it would be ranking Democrat on the Intelligence eager to reach a final understanding on hard to be more disappointed than I am Committee. So it would seem to be a this. But, also, we are eager to be sure that this committee has only met once bipartisan agreement on the substance that whatever commitments were because of continuing concerns. From of the bill. Can the whip tell us when made and were reached between the ad- the point of view of the majority, I am we might see that bill back? ministration and the chairman of a sig- sure it is our view that we removed I am sure you agree it is a very im- nificant committee in the House are what we thought were the obstacles of portant bill, providing for the work of fully understood and fully complied this committee moving forward with the national intelligence director and with. You know, there can be mis- its work, only to find that there is an- providing to make sure that we can understandings in these kind of discus- other obstacle. And we do need this keep this country safe from terrorists, sions, certainly, but we want to be sure committee to work, but all sides need and I know that both sides are hopeful that any commitments made by the ad- to be looking for ways to make the that it will come forward pretty quick- ministration to the Congress and the committee work, not to just find the ly. chairman of its significant committees reasons that the committee does not Can the gentleman tell us when that are fulfilled and, if there are misunder- work, which is my view of this. And we might be on the floor? standings, to be sure that those mis- clearly want this committee to work, Mr. BLUNT. I would say, in response, understandings are worked out before need this committee to work, and I that, interestingly, the discussion on we move forward. think the majority has made substan- that bill, it is an important discussion, I assure the gentleman that we will tial efforts both publicly and privately is largely between the new Director of be encouraging in that discussion and to create an opportunity where this National Intelligence and the Armed facilitating it in every way that we can committee could do its job.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12028 CONGRESSIONAL RECORD—HOUSE June 9, 2005 Mr. HOYER. Reclaiming my time, I ANNOUNCEMENT BY COMMITTEE A crisis has occurred in Montana one thank the gentleman, and I have no ON RULES ON AMENDMENT more time. It seems like it is feast or doubt about his sincerity in that de- PROCESS FOR CONSIDERATION famine for us. We were just going into sire. I would simply observe that had OF H.R. 2745, UNITED NATIONS our eighth year of drought, no rain, we had the opportunity to debate the REFORM ACT OF 2005 well beyond the opportunity to re- privileged resolution, which really Mr. BISHOP of Utah. Mr. Speaker, cover. And the prediction was it was seeks to redress the House’s positions, the Committee on Rules may meet going to take as much as 16 feet of that perhaps we could have explored next week to grant a rule which could snow in the mountain to get us caught more broadly the differences that exist limit the amendment process for floor up in the moisture. We began getting as they relate to the staffing of the consideration of H.R. 2745, the United the rains and, unfortunately, the next committee. Both sides apparently be- Nations Reform Act of 2005. The bill thing that happened were mudslides lieve that they are correct in their in- was introduced on June 7, 2005, and re- closing off the Beartooth Pass. terpretation, but hopefully both sides ferred to the Committee on Inter- Some Members might remember the want a bipartisan and not a partisan national Relations which ordered the Beartooth Pass was considered to be staff to proceed with its work. bill reported yesterday and is expected the crown jewel on the part of Charles Unless the gentleman wanted to say to file its report with the House tomor- Kuralt. As he traveled around the 50 something, I would yield back the bal- row. States, he made the determination ance of my time. Any Member wishing to offer an that of the 50 States that was the most Mr. BLUNT. I appreciate what the amendment should submit 55 copies of beautiful part of the entire Nation. I whip has said and would only say that the amendment and one copy of a brief am sure there are a lot of Members in we could vote on this and solve it that explanation of the amendment to the this audience that might object to that way, but I assume that would not Committee on Rules in room H–312 of definition. But if you look at the re- present the right solution as well. the Capitol by 10 a.m. on Tuesday, corded list that he put together, the Mr. HOYER. I think the gentleman is June 14. Members should draft their Beartooth Pass was something special. probably correct, and of course the res- amendments to the text of the bill as Feast or famine in that area is noth- olution offered did not resolve the reported by the Committee on Inter- ing new. Cooke City, unfortunately, question. We understand that. But I national Relations. Members are ad- was the site of the 1988 fires in Yellow- think the gentleman is correct, it vised that the text of the bill will be stone Park. Unfortunately, a forest fire would not resolve it any more than the available for their review on the Web came down within hundreds of feet of vote on the rules in January resolved sites of both the Committee on Inter- the community. They were able to the changing of the rules and the feel- national Relations and the Committee withstand that economic devastation. ing that they were not appropriate to on Rules. This is going to create another eco- provide the context in which we could Members should use the Office of nomic devastation. proceed. Legislative Counsel to ensure their The detour that is going to be re- I know that the gentleman from Mis- amendments are drafted in the most quired to get to the community of souri (Mr. BLUNT) very honestly and appropriate format. Members are also Cooke City until this road is reopened sincerely, as I do, wants to see this advised to check with the Office of the probably is about the size of Illinois by matter resolved and see the committee Parliamentarian to be certain their the time you get around that detour. It move forward so it could become a amendments comply with the rules of is not just like taking a different matter of history and not a matter of the House. route. It is like taking several different States. I know my colleague, the gen- current debate so we can focus on the f important issues confronting this tlewoman from Wyoming (Mrs. CUBIN), country. EXPRESSING THE IMPORTANCE OF and my colleagues, the gentleman from I appreciate the gentleman’s com- IMMEDIATELY REOPENING THE Idaho (Mr. SIMPSON) and the gentleman ments. FAMOUS BEARTOOTH ALL-AMER- from Idaho (Mr. OTTER), know the im- ICAN HIGHWAY portance of Yellowstone Park to the f Mr. POMBO. Mr. Speaker, I ask economy of our region. So we really unanimous consent that the Com- need it. ADJOURNMENT TO MONDAY, JUNE mittee on Transportation and Infra- The sense of urgency shown on the 13, 2005 structure be discharged from further part of the gentleman from California consideration of the resolution (H. Res. (Chairman POMBO) just cannot be un- Mr. BLUNT. Mr. Speaker, I ask unan- 309) expressing the importance of im- derestimated, and I thank the gen- imous consent that when the House ad- mediately reopening the famous tleman for that. journs today, it adjourn to meet at Beartooth All-American Highway from This severely impacts the economy of 12:30 p.m. on Monday next for morning Red Lodge, Montana, to Yellowstone Carbon County, of Red Lodge, of Cooke hour debates. National Park in Wyoming, and ask for City, of Billings, the surrounding area. The SPEAKER pro tempore (Mr. its immediate consideration in the It is going to be a very complicated fix SIMPSON). Is there objection to the re- House. because it is a switch back. If you have quest of the gentleman from Missouri? The Clerk read the title of the resolu- not been there, it ends at the top at There was no objection. tion. about 10,000 feet, a chain of lakes, it is The SPEAKER pro tempore. Is there flat, and it is the north entrance to f objection to the request of the gen- Yellowstone Park. As the mudslides oc- tleman from California? curred, it took several layers of that DISPENSING WITH CALENDAR Mr. REHBERG. Mr. Speaker, reserv- switchback out. I think the estimate I WEDNESDAY BUSINESS ON ing the right to object, although I am heard was about 500 tons of material WEDNESDAY NEXT not going to, I would like to sincerely are sitting on that road. Mr. BLUNT. Mr. Speaker, I ask unan- thank the gentleman from California I will be flying that on Saturday by imous consent that the business in (Mr. POMBO) of the Committee on Re- helicopter, taking a look at the devas- order under the Calendar Wednesday sources and the gentleman from Alaska tation, but it has been an incredible ef- rule be dispensed with on Wednesday (Mr. YOUNG) of the Committee on fort, a community effort on the part of next. Transportation and Infrastructure. I the Federal, State, and local jurisdic- The SPEAKER pro tempore. Is there am sincerely grateful that they were tions as well as the communities com- objection to the request of the gen- willing to move this through on a ing together. tleman from Missouri? unanimous consent as quickly as pos- Again, I thank the gentleman from There was no objection. sible. California (Chairman POMBO) for giving

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12029 us the opportunity to move this very HOUSE OF REPRESENTATIVES, COM- City, and Silver Gate, Montana: Now, there- quickly. MITTEE ON TRANSPORTATION AND fore, be it Mrs. CUBIN. Mr. Speaker, will the INFRASTRUCTURE, Resolved, That the House of Representa- Washington, DC, June 9, 2005. tives— gentleman yield? Hon. RICHARD W. POMBO, (1) recognizes the critical importance of Mr. REHBERG. I yield to the gentle- Chairman, Committee on Resources, ensuring unfettered access to visitors of Yel- woman from Wyoming. 1324 Longworth Building, Washington, DC. lowstone National Park and preserving the Mrs. CUBIN. Mr. Speaker, I too DEAR MR. CHAIRMAN: I am writing to you economy of Red Lodge, Montana; and would like to thank the chairman and concerning the jurisdiction interest of the (2) urges the President to take, without Transportation and Infrastructure Com- hesitation, all necessary actions to assist the encourage passage of this resolution. mittee in matters being considered in H. Res. Governor of Montana in reopening, as quick- The Beartooth Highway connects two 309, expressing the importance of imme- ly as possible, the scenic Beartooth Highway cities in Montana, but it passes diately reopening the Beartooth All-Amer- that provides access to Yellowstone National through Wyoming; and many people ican Highway from Red Lodge, Montana, to Park. need to travel on the Beartooth High- Yellowstone National Park in Wyoming. As The resolution is agreed to. way in order to get into Yellowstone you know, the legislation was also referred to the Transportation Committee. A motion to reconsider was laid on National Park. For many, many years Our Committee recognizes the importance the table. this highway has been sorely neglected. of H. Res. 309 and the need for the legislation f It is not safe in its current condition, to move expeditiously to the House Floor. but it has not been safe for a long time. Therefore, I am willing to have the Trans- HONORING HOUSE PAGES Yellowstone National Park is the portation Committee discharged from con- (Mr. SHIMKUS asked and was given crown gem of the park system, and it is sideration of the resolution. I would appre- permission to address the House for 1 important to the whole country. So ciate if it you would include a copy of this letter and your response to the CONGRES- minute and to revise and extend his re- this is something that the country SIONAL RECORD. marks.) needs to do at this time. I thank the Thank you for your cooperation in this Mr. SHIMKUS. Mr. Speaker, I would gentleman for yielding. matter. like to ask the page class of 2005 to Mr. POMBO. Mr. Speaker, will the Sincerely, come down and take seats in the first gentleman yield? DON YOUNG, two rows. While we are doing that, I Chairman. Mr. REHBERG. I yield to the gen- would like to yield to my colleague and tleman from California. I would like to thank the gentleman friend, the minority whip, the gen- from Montana (Mr. REHBERG) and the Mr. POMBO. Mr. Speaker, during the tleman from Maryland (Mr. HOYER), gentlewoman from Wyoming (Mrs. days of May 16 and May 17 of this year, who is on a time crunch and always CUBIN) for working with me to move devastating mudslides bisected six sec- likes to say good-bye to our page class. this resolution so quickly through the tions of the scenic Beartooth All-Amer- Mr. HOYER. I thank my friend, and I House. ican Highway between Red Lodge, thank him for the work that he does Mr. REHBERG. Mr. Speaker, I thank with the Page Board. His leadership Montana and Yellowstone National the chairman not only for his sense of Park. Consequently, visitors to Yellow- and faithfulness in this effort is very urgency but his kind consideration in much appreciated, I know, by these stone National Park coming from the letting me go out of turn in my state- States of Montana and Wyoming are young people but appreciated also by ment. I thank the chairman. I thank the Republican Party and the Demo- now and for the foreseeable future re- the House of Representatives for its quired to take a detour to get to the cratic Party. positive consideration of this piece of I always like to have this oppor- northeast entrance of our Nation’s old- legislation. est park. This detour could be in place tunity to thank you young people. You Mr. Speaker, I withdraw my reserva- have had an extraordinary opportunity for the entire summer season. Annu- tion of objection. ally, an average of 190,000 visitors come which millions and millions of those The SPEAKER pro tempore. Is there your age will never have. You have had to the park through the northeast en- objection to the request of the gen- trance. an opportunity to see firsthand the op- tleman from Montana? erations of the people’s House, the Mr. Speaker, my resolution acknowl- There was no objection. House that was established by our edges the importance of the highway in The Clerk read the resolution, as fol- Founding Fathers to reflect, as they accessing the park and requests that lows: viewed it, the passions of the people the President take all necessary action H. RES. 309 from time to time. That is why we to assist the State of Montana in re- Whereas on March 1, 1872, Yellowstone was have 2-year elections. opening the road. established as the world’s first national I thank the gentleman from Alaska park; b 1345 (Chairman YOUNG) for allowing this Whereas Yellowstone National Park en- That is why the only way you can compasses over 2 million acres and is one of bill to be scheduled. The following is an serve in the House of Representatives exchange of letters with him: America’s Crown Jewels of the National Park System; is to be elected. You cannot be ap- HOUSE OF REPRESENTATIVES, Whereas over 2.8 million people visit Yel- pointed. You can be appointed to the COMMITTEE ON RESOURCES, lowstone National Park annually to admire U.S. Senate. You can be appointed Vice Washington, DC, June 9, 2005. its world famous geysers, hot springs, and re- President of the United States, but you Hon. DON YOUNG, markable wildlife, and to hike its more than cannot be appointed to the House of Chairman, Committee on Transportation and 950 miles of backcountry trails; Infrastructure, 2165 Rayburn HOB, Wash- Representatives. Whereas on May 16–17, 2005, a major You have had an opportunity on a ington, DC. mudslide bisected the scenic Beartooth High- DEAR MR. CHAIRMAN: Thank you for your way in 6 sections requiring visitors from day-to-day basis to help us make sure letter dated 9 June 2005 regarding House Res- Montana to undertake a detour to the North- that democracy works. You may not olution 309. I appreciate your willingness to east Entrance to Yellowstone National Park; think of what you did as high falutin allow the Committee on Transportation and Whereas the scenic Beartooth Highway and it perhaps was not, but it was crit- Infrastructure to be discharged to allow it to provides on average 190,000 visitors annually ical to the functioning of this House. be considered on the Floor today. I will in- easy access to the Northeast Entrance to I would ask you as you leave here to clude a copy of your letter and my response Yellowstone National Park; leave with a sense of responsibility, a to the CONGRESSIONAL RECORD during delib- Whereas the scenic Beartooth Highway has sense of responsibility to convey to erations on the bill. been recognized as one of the most scenic Thank you again for your cooperation. drives in the United States; and your classmates, to your friends in Sincerely, Whereas the scenic Beartooth Highway is your neighborhood, to your future col- RICHARD W. POMBO, the economic artery for the citizens of the lege classes, your future workers, co- Chairman. gateway communities of Red Lodge, Cooke workers, and your families and others

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12030 CONGRESSIONAL RECORD—HOUSE June 9, 2005 and your fellow citizens your view of Sarah Jaeschke—AR a citizenship award that is given to one democracy as it is represented in this Derek Jennarone—NJ exceptional student in the program House. It is, of course, not perfect, be- Holly Johnson—VA each month. Other Members of Con- Krystal Johnson—AL gress have even remarked to me on the cause it is, obviously, human beings Jaclyn Kahn—NJ that participate in this, and as I know Rosemary Kelley—VA floor what an outstanding young per- all of you know too well, we humans Zachary Kirihara—CA son Jon is. are not perfect. Dean Ladin—IL Jon has been extremely active in the However, as Winston Churchill said, Thomas Leonard—PA page program, serving on the yearbook while it may not be perfect, it is better Peter Linscheid—MI staff and handling the public relations than all other forms of government Seth Lloyd—VI for the 2005 spring page class play, that have been tried. And I have been Anthony Lupo—CA ‘‘The Black Rose.’’ While in Wash- Tyson McBride—UT ington, D.C., he was also elected in- here now, this is my 26th year. You Caitlin McGowan—MN were born during part of my fifth or Conor McManus—FL coming president of the National sixth term in office. As president of the Shannon Magnuson—FL Honor Society chapter at Father Maryland Senate, I had the oppor- Jeremy Moore—MI Duenas Memorial School in Guam, tunity to run the page program in Chelsie Morales—AZ where he will complete his studies next Maryland, and I always hoped that Richard Moses—KY year. they would go back and say, you know Lucy Nicholas—CT I have enjoyed Jon’s frequent visits Darren Nowels—MD to our office, and we always try and what, they care, they care about our Travis Proctor—KS country, they care about us. They dis- have a little taste of home for him Danielle Raines—AZ when he stops by, whether it is agree. There are deep divisions from Rachel Romer—CO time to time, but, for the most part, al- Taylor Salisbury—MO guyuria, Chamorro chip cookies or red most everyone is trying to represent Matthew Sheldon—NM rice. I thought that coming from Guam what they believe to be the best inter- Sara Skiles—MS Jon might have a rough time adjusting ests of their country. Kellie Staab—PA to Washington, D.C.’s, cold winter Therefore, you will urge your fellow Elizabeth Stone—TN Joshua Strazanac—MI weather, but I think he actually en- citizens to participate in the process, Michael Trummel—WY joyed the snow and the ice. as hopefully you will as well. Having Dustin Tryggestad—WI Jon has been an excellent ambas- more knowledge than they, the more Allison Vanderboll—WA sador for the people of Guam during his you participate, the better our democ- Sarah Walker—AR time here in Washington, spreading the racy will be. Whitley Wallace—UT ‘‘hafa adai’’ spirit throughout the halls So I thank you for your service, not Ginger Wells—KS Wesley Williams—MA of Congress. As a native speaker of only on behalf of myself but on behalf Guam’s indigenous language, of the Democratic Members of this David Wilson—PA Kevin Wood—TX Chamorro, Jon is a role model and ex- House. There is no partisanship in the Mr. Speaker, I yield now to the gen- ample to other young people in Guam respect and affection that we have for of the importance of preserving one’s all of you outstanding young people tlewoman from Guam (Ms. BORDALLO), the delegate from Guam, to address culture and one’s language. who make us proud of the generations I always enjoy seeing Jon’s friendly you, as she has a special person here that are coming and are confident that face on the House floor, and he calls us from the territory. our country will be better for your fu- to let us know that he is going to be on Ms. BORDALLO. Mr. Speaker, I rise ture service and your service now. C–SPAN. He will be truly missed when today to commend Jon Junior Calvo I thank the gentleman from Illinois he returns home to Guam. I am sure for his service as a congressional page for giving me this opportunity, and I that I will still see a lot of Jon, in the United States House of Rep- thank him for his leadership of this though, considering how active he is in resentatives. Jon is graduating from page board. Good luck. the community through his church and the congressional page program on Mr. SHIMKUS. Mr. Speaker, I will school. submit the roster of the 2005 pages for June 10, 2005. It is exciting that his par- Jon is a young man of many talents, the RECORD at this point. ents, Juan and Doris Calvo, and two of and I am excited to see what he will do his siblings, Jonathan and Joni Ree, SPRING 2005 PAGES in life. Whatever he does, I am sure he were able to come all the way from Katy Ake—CA will continue making a positive con- Paul Bennett—FL Guam, 10,000 miles from Washington, tribution to our island. Rachel Bentley—OH D.C., to celebrate this occasion with Before I close, I would like to say Emily Berger—CA us. Celebrating with us here in spirit is congratulations to all the wonderful Katharine Billingslea—NC his sister Krisinda. pages that have come from all over the Lauren Boswell—MD The congressional page program States in our Nation. You have been a Suzanne Brangan—TX brings together a diverse group of out- wonderful group of people. Stephen Burke—NJ standing student leaders from around Kerianna Butler—CA Jon, you have made your family, Jon Calvo—GU the country to work in Congress and your church, your school and the peo- Elsbeth Centola—OR pursue their studies in the Nation’s ple of Guam proud. Si Yu’os Ma’ase for Joy Chung—IA Capital. It fuses classroom learning your service, and God bless you. Daniel Ciucci—CO with real-world work experience, giv- Mr. SHIMKUS. Mr. Speaker, this al- Stella Clingmon—CA ing students like Jon a front row seat ways gives me an opportunity to Stephanie Collard—RI as history unfolds. bounce back and forth between the po- Juleah Cordi—CA I nominated Jon based upon his Matthew Cujak—WI diums because this is really a special Awapuhi Dancil—HI strong academic record, his dem- time. I will get a chance to address you Ruben Davis—PA onstrated commitment to public serv- all tomorrow at the departure cere- Lauren DeNunez—CA ice, and for his character and leader- mony, which will be a first for me, al- Caroline Dickerson—TX ship in the community. He has lived up though being with the page program Edward Dumoulin—IL to and even exceeded my very high ex- for a long time. The work and effort Timothy Ford—MI pectations for him. that you have put in, you know what Adam Hammond—ID Jon is the kind of young person that Lane Hartley—VA you have done, and we really thank Alexandra Heard—MD lights up a room when he walks into it you for your efforts and the sacrifice Lauren Henley—IL and makes a lasting impression on ev- you have made. Allison Holmer—CA eryone he meets. In his first month in You have heard now from two Mem- Amanda Huth—TX the program, Jon was recognized with bers of Congress. There are Members

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12031 who you know who always pay a little served is that each class of pages has So thank you for the wonderful serv- closer attention to the pages because of its own personality and develops its ice you have given us. I want to wish love and admiration, maybe a history own personality. you all very well in your final year of in the program, and we have one of So I am not sure exactly how I would school and the year of school that goes those with us. I would invite him to describe the personality of this class beyond that, because I know all of you come up and say his good-byes. except I would say maybe I do not are going to be successful in whatever Mr. Speaker, I yield to the gentleman know you very well. I would say it is a you do. Godspeed. Thank you. from Arizona (Mr. KOLBE). little more serious than some of the Mr. SHIMKUS. Mr. Speaker, I thank Mr. KOLBE. Mr. Speaker, I thank the other classes I have seen, a little more my colleague. gentleman from Illinois for yielding to reserved, more serious. Maybe that is GENERAL LEAVE me. And it is true, I have a very special good. That does not mean it is all bad. Mr. SHIMKUS. Mr. Speaker, I ask affection for the page program. I think I know it is probably not that way unanimous consent that all Members many of you know it is because I was a back in the dorm in the evenings and may have 5 legislative days within page. That is how I got started. Most of not that way on the weekends with which to revise and extend their re- you also know the dirty little secret you, but I do think this is a class that marks and include extraneous material that it was as a Senate page, that I was has had a great deal of seriousness, on my 1 minute today. over on the other side there. That is watched a great deal of things happen The SPEAKER pro tempore (Mr. okay. I was still in the page program. here on the floor of the House of Rep- MACK). Is there objection to the re- It was a very special moment in my resentatives, and I think you deserve a quest of the gentleman from Illinois? life to have spent the time that I did great appreciation for that. There was no objection. Mr. SHIMKUS. Mr. Speaker, the here, 3 years. In those days, you could There have been classes, of course, ranking member of the page program is come anytime in your high school that preceded you just 2 or 3 years ago the gentleman from Michigan (Mr. KIL- years and stay as long as your sponsor that experienced the incredible experi- DEE), who has been on the program for would let you stay, as long as you ence of 9/11, of going through that hor- rific Tuesday morning with so many decades now. I will not say how many could keep up your grades so that you decades. And he has been a great help did not flunk out and leave, and you others of us here. Each page class has its own kind of experiences that it has, to me in keeping the current environ- got to stay around here. I did, and I ment and the future of the page pro- graduated from the page school. So I but I just want you to know that you are not only appreciated for what you gram grounded to the traditions of the know what a difference it has made in previous classes. He could not stay to my life. do, but in a very real sense we could not do this job if it were not for you. talk and address you all, but he did I guess you could say here I am provide me with his comments, and I today, I cannot say that the page pro- You really are the grease that make the place just run a little bit more will submit those for the RECORD along gram propelled me to Congress itself. with your names. The vast majority of you will not ever smoothly. You are what make us all feel just a little bit better. Mr. Speaker, I yield to the gentle- serve in government at all or in elected There are other people that could do woman from California (Ms. WOOLSEY), office perhaps, but I think some of you the job. There is no question about it. a colleague who would like to address will. There is no question about that. We could hire people to do this job. the class. Some of you will, and you will be very And yet, with a considerable effort and b 1400 successful at all the things you do. But even expense because of maintaining a whether or not you go into govern- Ms. WOOLSEY. Mr. Speaker, thank school, maintaining a dormitory and you for picking and selecting such a ment, whether or not you run for office all the things that have to be done, the or you enter some other kind of posi- great group of young people. I am question is often asked in the Congress, proud that I have gotten to know you tion in the government or go into busi- I have to tell you, and certainly by ness or a profession, I think you will a little bit. I am so motherly when I some constituents, why do we do this run into you on the elevators, I see so find that this experience will stand you and keep this program? I think the an- in very, very, very good stead. many of the faces I have asked where swer is right here in front of me. Be- are you from, how are you liking this You will find that not only does it cause of all of you and because of what give you kind of a sense of under- and asked question, question, question. we see here and because of what you And you have been so patient and po- standing of the government, which is have learned from this and what you going to impact your life. It does not lite with me, and thank you very have been able to do with this and much. matter what line of work you go into. what I know you will do with this and Part of growing up is knowing you Government is going to impact your how I know this experience will and have to be polite to adults, and you life, and you are going to have a better can be a life-changing experience. hope when you are an adult people will understanding than the majority of Every year in the summer of another be polite with you, particularly pages people because you will have been group, we can give 70, 75 people to have in the House of Representatives be- there and watched it and/or observed this kind of experience. It is a very ex- cause you represent our entire Nation for a semester or two semesters. traordinary experience for you, and I and our territories. You bring such a It gives you a sense of camaraderie or think we have changed your lives and perfect, beautiful face to this. Every sense of independence at an earlier age you will go out and touch a lot of other one of you, you look like the country. than most young people get a chance lives, older people, younger people and That is good for us, and it is good for to be as independent. It gives you a your peers as well, as you go through you, and it is certainly good for the di- sense of discipline. You learn a lot of life. versity of democracy that we uphold discipline skills. You do not have a par- So, again, we thank you for the won- here. ent there at night to study, to do the derful job that you have done. We want I have learned from you, and I think things that you need to do. to say farewell but not really farewell. you have learned from us and are tak- I think that the most interesting We expect to see you back often and ing a lot back; but at the same time thing about the page program as I have hear from you. You have always you have contributed so much. observed it over the 20 years, 21 years watched as the former pages come into Do not think for a minute you are now I have been here in Congress, and the cloakrooms and onto the floor just here taking. You gave. We know a number of those I served as the pred- when we are not in session, and so you that and appreciate that, and maybe ecessor to the gentleman from Illinois will be among those. It will be a very we have not always let you know how (Mr. SHIMKUS) as the chairman of the special experience for you to be able to much we appreciate you, but we do. page board, and it was certainly one of come back and observe the younger Good luck, good future, and congratu- the more enjoyable experiences that I pages that are here in the following lations for being just exactly the peo- have had here in Congress, what I ob- years. ple you are. Thank you.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12032 CONGRESSIONAL RECORD—HOUSE June 9, 2005 Mr. SHIMKUS. Mr. Speaker, I thank you have had to work with over the Joy Chung—IA the gentlewoman. The pages have given past year are honestly saying that they Daniel Ciucci—CO Stella Clingmon—CA to this institution and the page pro- are going to miss you. I cannot think Stephanie Collard—RI gram. You have set a bar by which we of a better tribute to pay to a group of Juleah Cordi—CA can now challenge other page classes, young men and women, than for those, Matthew Cujak—WI and I want to thank you. especially adults that you have had to Awapuhi Dancil—HI Mr. Speaker, also joining us is the work with for over a year, to say I am Ruben Davis—PA Lauren DeNunez—CA gentleman from California (Mr. going to miss that class. Caroline Dickerson—TX SCHIFF). Mr. Speaker, these pages have set the Edward Dumoulin—IL Mr. SCHIFF. Mr. Speaker, I thank bar. We will challenge the incoming Timothy Ford—MI the gentleman for yielding me this classes to try to meet their high stand- Adam Hammond—ID time and for all of his work with the ard. I hope they do. I hope we will con- Lane Hartley—VA Alexandra Heard—MD page program. I want to thank all of tinue to be better for that. Lauren Henley—IL the pages for their service and take a This period of time is in honor of the Allison Holmer—CA moment to brag a little because Stella pages. You will get to celebrate with Amanda Huth—TX is from my district. I know how great your families tomorrow night, say your Sarah Jaeschke—AR Stella is, and I know you know how Derek Jannarone—NJ good-byes and make America stronger Holly Johnson—VA great she is. We were so delighted to by having well-informed young women Krystal Johnson—AL have her join us. She has added a great and young men to get back into the ev- Jaclyn Kahn—NJ deal to the page class, including direct- eryday activities of our homes and how Rosemary Kelley—VA ing the play ‘‘The Black Rose.’’ Stella’s to make our country better. Thank Zachary Kirihara—CA folks are here today and are going on a Dean Ladin—IL you, God bless you all, and God bless Thomas Leonard—PA tour. So please say hello to them. We the United States of America. Peter Linscheid—MI are proud of the work you did and the Mr. KILDEE. Mr. Speaker, I would like to Seth Lloyd—VI work all of you did. take this opportunity to express my personal Anthony Lupo—CA Mr. Speaker, I had a chance during gratitude to all of the pages who have served Tyson McBride—UT college to intern here on Capitol Hill Caitlin McGowan—MN so diligently in the House of Representatives Conor McManus—FL twice. It was a different experience during the 109th Congress. I have attached a Shannon Magnuson—FL than the page experience, but I hope list of the fine young people who have served Jeremy Moore—MI many of you will come back as interns, this House as Pages. Chelsie Morales—AZ as staff, and ultimately come back as We all recognize the important role that con- Richard Moses—KY Members of the House. And if you are Lucy Nicholas—CT gressional pages play in helping the U.S. Darren Nowels—MD lucky, you can become lords in the House of Representatives operate. This group Travis Proctor—KS Senate and then we will have to show of young people, who come from all across Danielle Raines—AZ even greater respect to all of you. our Nation, represent what is good about our Rachel Romer—CO Mr. Speaker, I thank all the pages country. Taylor Salisbury—MO very much for their work. It is tremen- Matthew Sheldon—NM To become a page, these young people Sara Skiles—MS dously appreciated. I want to wish you, have proven themselves to be academically Kellie Staab—PA Stella, and wish the entire class all the qualified. They have ventured away from the Elizabeth Stone—TN best of luck. security of their homes and families to spend Joshua Strazanac—MI Mr. SHIMKUS. Mr. Speaker, I do not time in an unfamiliar city. Through this experi- Michael Trummel—WY want to steal some thunder from some ence, they have witnessed a new culture, Dustin Tryggestad—WI of the words I will mention tomorrow Allison Vanderboll—WA made new friends, and learned the details of Sarah Walker—AR afternoon and tomorrow evening, but how our Government operates. Whitley Wallace—UT you know what you have been doing As we all know, the job of a congressional Ginger Wells—KS and you know the role you have played page is not an easy one. Along with being Wesley Williams—MA here and the friends you have made and away from home, the pages must possess the David Wilson—PA Kevin Wood—TX the relationships you have built. You maturity to balance competing demands for take a unique quality back with you. their time and energy. f As a former high school history In addition, they must have the dedication to SPECIAL ORDERS teacher, it is not the book learning; work long hours and the ability to interact with The SPEAKER pro tempore (Mr. you have actually lived it. You are now people at a personal level. At the same time, MACK). Under the Speaker’s announced some of the most informed people in they face a challenging academic schedule of policy of January 4, 2005, and under a the operating of the House of Rep- classes in the House Page School. previous order of the House, the fol- resentatives from the whole congres- I am sure they will consider their time spent lowing Members will be recognized for sional district in which you reside. You in Washington, DC to be one of the most valu- 5 minutes each. know truth from fiction. You know, as able and exciting experiences of their lives, f the gentleman from Maryland (Mr. and that with this experience they will all move HOYER) said, that people come here ahead to lead successful and productive lives. EXCHANGE OF SPECIAL ORDER well intentioned to do the best job they Mr. Speaker, as the Democratic Member on TIME can for their districts. You have seen the House Page Board, I ask my colleagues to Mr. NORWOOD. Mr. Speaker, I ask the debates, and you have run out of join me in honoring this group of distinguished unanimous consent to claim the time the Capitol. You understand the envi- young Americans. They certainly will be of the gentleman from Texas (Mr. POE). ronment we live in here, that rep- missed. The SPEAKER pro tempore. Is there resentatives try to balance a thousand SPRING 2005 PAGES objection to the request of the gen- balls in the air at one time, and you Katy Ake—CA tleman from Georgia? have had to do that, too. Paul Bennett—FL There was no objection. I am also speaking here for the floor Rachel Bentley—OH f staff on both sides of the aisle who Emily Berger—CA have worked with you diligently, and Katharine Billingslea—NC THREAT TO OUR SOUTHERN you have worked with them, whether it Lauren Boswell—MD BORDER Suzanne Brangan—TX is the school program which I applaud Stephen Burke—NJ The SPEAKER pro tempore. Under a you on and your efforts in that respect, Kerianna Butler—CA previous order of the House, the gen- or it is the dorm staff. You truly have Jon Calvo—GU tleman from Georgia (Mr. NORWOOD) is been a class that many of the people Elsbeth Centola—OR recognized for 5 minutes.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12033 Mr. NORWOOD. Mr. Speaker, I have turned there or incarcerated here im- President never admitted to the Amer- spoken many times on this floor con- mediately. This is not the United Na- ican people that he was wrong in his cerning the need to secure our borders. tions or WTO. We represent the people assessment, and he has still not told We must do so if we are going to have of our districts. We are responsible to the American people when he will de- any kind of responsible immigration the people of the United States and are termine Iraq to be secure or how and policy and retain our national sov- sworn to defend our Constitution. We when he plans to bring the troops ereignty. We know with somewhere be- have an inherent God-given right to home. tween 36,000 and 50,000 additional en- national sovereignty, and this House Mr. Speaker, the best way to secure forcement personnel on our southern must not stand by while foreign na- Iraq is to remove U.S. troops from the borders, we can catch virtually all of tions undermine our laws and our inde- country. Nothing enrages and unites the potential terrorists and drug deal- pendence. the Iraq insurgency more than the ers trying to enter this country ille- Mr. Speaker, I will be back next week presence of nearly 150,000 American sol- gally. to further this conversation. diers on Iraqi soil. One option is to But we now find that other-than- f bring one American soldier home for Mexican illegals, or OTMs as they are every Iraqi soldier that has been ORDER OF BUSINESS referred to by our Border Patrol, have trained. If 75,000 Iraqi soldiers have discovered a large loophole in our law. Ms. WOOLSEY. Mr. Speaker, I ask been trained, half of the President’s Under this loophole, OTMs can cross unanimous consent to speak out of April 12 assessment, why can we not re- our border illegally and be apprehended order. move the same number of our own sol- by our border patrol. The border patrol The SPEAKER pro tempore. Is there diers and bring them home? This is just is then forced to give them paperwork objection to the request of the gentle- one idea for exiting Iraq. I encourage allowing them to bypass all other im- woman from California? the President to come up with his own migration checkpoints and virtually There was no objection. plan. I am not against supporting the release them into our country. f President’s plan if it is a good one, but This criminal scheme is not the fault SMART SECURITY right now he does not even have a plan. of some quirk in U.S. law. It is being Fortunately, there is a plan that forced on our border patrol by inter- The SPEAKER pro tempore. Under a would secure America for the future, national law which we are allowing to previous order of the House, the gentle- SMART security. SMART is Sensible, undermine our rule of law, national im- woman from California (Ms. WOOLSEY) Multilateral, American Response to migration policy, our Constitution, and is recognized for 5 minutes. Terrorism for the 21st century. our sovereignty. International law says Ms. WOOLSEY. Mr. Speaker, on illegal immigrants must either be de- April 12 at Fort Hood, Texas, President b 1415 ported to their country of origin or Bush told an audience of thousands of SMART will help us address the placed in detention. If there is no room servicemembers that for the first time threats we face as a Nation. SMART in detention, they must be released on Iraqi soldiers outnumbered U.S. sol- security will prevent acts of terrorism bail with a promise that they return diers in Iraq. That was April 12. Spe- in countries like Iraq by addressing the later for trial. cifically, he put the number of trained There is never any room in detention and equipped Iraqi forces at 150,000. very conditions which allow terrorism any more for the millions of illegals This rosy assessment of the situation to take root: poverty, despair, resource violating our southern border every in Iraq is shocking not only for its ar- scarcity and lack of educational oppor- year. And since these illegals are not rogance but also for its ignorance. The tunities. SMART security encourages Mexican, our border patrol is required President was either totally oblivious the United States to work with other to buy them airfare back to Brazil, to Iraq’s true security failures, or he nations to address pressing global Guatemala, El Salvador, Honduras, was intentionally misleading the issues. SMART addresses global crises China, Iraq, and on and on. So they American people into thinking peace diplomatically rather than resorting to sign an agreement to show in court in has taken hold. His statement was un- armed conflict. Efforts to help give 30 days and are released. informed at best, deceitful at worst. Ei- Iraq back to the Iraqis must follow the With that paper in hand, they can ther way, the President’s assessment SMART approach: humanitarian as- pass legally through all other border misleads the American people in know- sistance, coordinated with our inter- patrol checkpoints and vanish into cit- ing the true situation in Iraq. national allies, to rebuild Iraq’s war- ies in America. We have caught 90,000 Take, for example, his claim that torn physical and economic infrastruc- OTMs since October 1, 2004, and 98 per- 150,000 Iraqi soldiers have been trained. ture. cent have failed to show back up in Iraq’s military leaders reveal the num- Mr. Speaker, it has been more than 2 court. Once hidden in large immigra- ber is closer to 75,000, half of the Presi- years since the United States started tion communities inside our country dent’s statement; and we are not sure this war in Iraq; and now the American with new false identification, it be- what the quality of training is and how people, especially the soldiers who are comes virtually impossible to appre- those trained individuals are measured. bravely serving our country halfway hend them. Also, the actual number of trained around the world, need and deserve a Mr. Speaker, I have stood here before security personnel committed to a se- plan for ending this war. It is time for and called for deploying 36,000 troops to cure and democratic Iraq is probably the President to create a plan to end our border to effectively close it. But less because, as the chief of police in the war in Iraq and to bring our troops with this situation in place, we could Basra, General Hassan al-Sade stated, home. send 1 million troops to our borders, at least half of his 14,000-member mili- and it would not make any difference. tia is openly opposed to a secure Iraq, f Border patrol says these people swim and another quarter are politically across the Rio Grande and come look- neutral but do not follow his military ANNOUNCEMENT BY THE SPEAKER ing for our officers with a demand orders. General al-Sade recently told PRO TEMPORE ‘‘permiso,’’ for the warrant that gives the Guardian newspaper, ‘‘I trust 25 The SPEAKER pro tempore (Mr. them a free pass into our Nation ille- percent of my force, no more.’’ MACK). The Chair will remind all Mem- gally. After giving his Fort Hood speech bers that remarks in debate may not Mr. Speaker, we need a new law right last April, the President never again engage in personalities toward the now. Anyone who crosses our border mentioned that 150,000 Iraqi security President. Policies may be addressed in with Mexico illegally should be consid- personnel have been trained. Perhaps critical terms, but personal references ered a citizen of Mexico for enforce- that is because he realized his assess- such as accusations of mendacity are ment purposes. They should be re- ment was entirely inaccurate; but the not in order.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12034 CONGRESSIONAL RECORD—HOUSE June 9, 2005 THE GREATEST GENERATION for the President and other heads of Scowcroft, who served as national se- The SPEAKER pro tempore. Under a state to pay homage to the millions curity adviser to President George previous order of the House, the gen- who died defeating Nazism and fascism H.W. Bush. The twin nuclear crises with North tleman from Texas (Mr. MCCAUL) is and to commemorate the end of the recognized for 5 minutes. Second World War. Korea and Iran have exposed flaws in Mr. MCCAUL of Texas. Mr. Speaker, The year 1945 also marked the begin- the NPT’s ‘‘grand bargain,’’ which was one of the most monumental battles of ning of the nuclear age, and even those first articulated in President Eisen- World War II took place in October of who had become inured to the destruc- hower’s ‘‘Atoms for Peace’’ proposal. In 1944 in the Pacific theater in the Battle tion that years of fighting had wrought exchange for the commitment to forgo of Leyte Gulf. One of those heroes who were stunned by the devastation the acquisition of nuclear weapons and fought on Hell’s doorstep in this battle caused by the atomic bombs dropped on to agree to international safeguards was Major Alan McKean. Major Japan. Nuclear weapons have been the and inspections, the NPT guarantees non-nuclear weapon states who are par- McKean served in the United States dominant feature of the international ties to the treaty the peaceful develop- Army and was among the millions of security landscape ever since, and pre- ment and use of nuclear energy. The others who answered freedom’s call in venting their proliferation has been a problem with this bargain is that it al- the largest armed conflict in recorded central goal of American Presidents lows nations like Iran or North Korea history. from Harry Truman to George W. Bush. When we consider generations of our That is why I cannot understand the access to fissile material and techno- logical know-how that is the necessary past, no one exemplifies the essence of failure of the administration to take a precursor for a nuclear weapons pro- America better than those, part of leading role at the Nuclear Non- gram. When the state feels confident it what we now call the greatest genera- proliferation Treaty review conference is ready to proceed with a weapons pro- tion. For this generation of Americans, that was held at the United Nations from May 2–27. There is near una- gram, it simply opts out of the NPT. like Major McKean, whose character Had it chosen to do to so, the admin- and resolve was molded by the Great nimity among policymakers and our Nation’s political leadership that nu- istration could have used the review Depression, defeating Adolf Hitler and conference in New York to make it the Axis powers’ reign of terror was clear terrorism and the proliferation of nuclear weapons are the greatest more difficult for states to access nu- just another call to answer. They per- clear material and technology under formed their duty with honor. It was threats to our national security. The President has said so himself. But the the NPT and then walk away from the not theirs to question. It was simply treaty by providing tough penalties for expected. We will never forget their United States did not dispatch any sen- ior officials to New York and those who would try. triumphs, and we will never forget One proposal by a group of experts at downplayed the importance of the con- those victories like the battle of Leyte Princeton and Stanford would bar par- ference. This was shortsighted and dan- Gulf which came at such a great cost. ties withdrawing from the NPT to use gerous, and the failure to achieve any Few causes were as worthy. Few prices fissile materials or production facili- concrete results at the NPT conference were as great. Perhaps Winston ties acquired while they were parties to was a major national security setback Churchill said it best when he said of the treaty to make nuclear weapons. for the United States as well as for the this generation, This was their finest The German government also proposed hour. rest of the world. preventing a party from withdrawing The Nuclear Nonproliferation Treaty, Men like Major McKean saved an en- from the treaty if that state was in which took effect in 1970, has for the tire world from tyranny and gave peo- violation of that treaty. ple the chance to live under flags of most part been successful in limiting But reinvigorating the NPT requires freedom by answering the call to serv- the spread of nuclear weapons beyond more than cracking down on Iran and ice. To this day and forever, we recall the original five members of the nu- North Korea. It also demands leader- these heroic deeds and we remember clear club, the Soviet Union, Britain, ship from the declared nuclear weapons and honor those who liberated the France, China and the United States. states which as part of the NPT com- world. In 1960, John Kennedy wrote that he mitted themselves to reduce their own Like the soldiers of America’s great- expected 20 nations would have nuclear stockpiles significantly in exchange for est generation, today’s service men and weapons by the end of the 1960s. He non-nuclear states renouncing nuclear women are in distant lands fighting the considered this the gravest threat to ambitions. Unfortunately, the five nu- threat and horror of terror by spread- world peace and set in motion the clear weapons states have not done ing freedom and making our homeland events and discussions that culminated enough, and General Scowcroft and his more secure. America will continue to in the NPT. colleagues chided them in their report honor our past and present military be- During the 35 years that the treaty for their lackluster efforts. cause the triumph of its ideals resides has been in effect, only three nations Matters have not been helped by a in the actions of its heroes. I salute are known to have developed nuclear State Department brochure handed out Major Alan McKean and all the service weapons, India, Pakistan and Israel, at the conference which listed arms men and women who put themselves in and they are not parties to the NPT. control breakthroughs since the 1980s harm’s way so that we may live in free- North Korea is believed to have a hand- and touted reductions in the U.S. arse- dom. ful of nuclear weapons, and Iran is en- nal. But the time line made no mention May God bless America, may He bless gaged in a diplomatic game of chicken of the 1996 Comprehensive Test Ban Major Alan McKean and his wife Doro- with the West in its pursuit of nuclear Treaty, a pact negotiated by the Clin- thy, and may He hold them in the palm weapons. ton administration and ratified by 121 of His hand. Mr. Speaker, after three and a half nations but rejected by this President. decades, the NPT is showing its age, f The brochure also ignored the 2000 NPT and the review conference was held at review conference at which the U.S. THE ROAD NOT TAKEN a critical time for the international and other nuclear weapons states com- The SPEAKER pro tempore. Under a community’s efforts to halt the spread mitted to practical steps to achieve nu- previous order of the House, the gen- of nuclear weapons. In December of clear safety, including entering into tleman from California (Mr. SCHIFF) is last year, a panel of experts convened the test ban treaty and negotiation of recognized for 5 minutes. by the U.N. issued a stark warning that a fissile material cutoff treaty to ban Mr. SCHIFF. Mr. Speaker, last we are approaching the point at which manufacture and production of addi- month dozens of world leaders, includ- the erosion of the nonproliferation re- tional bomb material. ing President Bush, gathered in Mos- gime could become irreversible and re- Mr. Speaker, in the aftermath of cow to celebrate the 60th anniversary sult in a cascade of proliferation. One World War II, the United States con- of V–E day. It was fitting and proper of the members of that panel was Brent structed a diverse set of international

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12035 institutions to guarantee peace and The safety valve essentially puts a that the United States can and should adopt a better ensure a future for America and price on carbon but provides for an un- greenhouse gas emissions reduction policy, the rest of the world. By going to Mos- limited number of allowances to be but I believe that such a policy will only garner cow, President Bush honored the sac- sold by the government. Since no one support if it is modest, efficient, and fair. Most rifice of millions of Americans and would pay more than what the govern- importantly Mr. Speaker, we must begin the other allied personnel to secure our ment charges for allowances, this process. We must act and we must do so present. But it was the road not taken, mechanism effectively controls the now. Otherwise, we are simply putting the fu- the one to New York, that would have price of allowances. ture of our planet at risk. helped to secure the future. b 1430 [From the Washington Post, Jan. 28, 2005] f When set at the right price, the safe- A WARMING CLIMATE CLIMATE CHANGE—NATIONAL ty valve would start the country down For the past four years members of the COMMISSION ON ENERGY POLICY the path of slowing the growth of Bush administration have cast doubt on the The SPEAKER pro tempore. Under a greenhouse gas emissions without scientific community’s consensus on climate previous order of the House, the gen- causing economic disruption. While change. But even if they don’t like the there may be less emissions reduction science, British Prime Minister Tony Blair, tleman from New Mexico (Mr. UDALL) one of their closest allies in Iraq and else- is recognized for 5 minutes. with a safety valve than without one, where, has given the administration another, Mr. UDALL of New Mexico. Mr. today we are doing nothing. And the more realpolitik, reason to rejoin the cli- Speaker, I rise today to discuss climate safety valve creates a potential buy-in mate change debate: ‘‘If America wants the change, one of the most important from those affected by the legislation. rest of the world to be part of the agenda it issues facing our planet today. Thank- Another component that I believe is has set, it must be part of their agenda, too,’’ fully, the issue of climate change has important to integrate into any cli- the prime minister said this week. been getting more coverage in the na- mate change policy is setting a pro- Mr. Blair’s speech came at an interesting tional media. While I know that there spective baseline on greenhouse gas moment, both for the administration’s en- are many Members in Congress who are emissions. A sound greenhouse gas ergy and climate change policies and for the emissions reduction policy must recog- administration’s diplomatic agenda. In the committed to taking action, the level next few weeks, the House will almost cer- of attention paid to climate change in nize that the buildup of greenhouse gas tainly vote once again on last year’s energy Congress does not match either the ur- has been taking place over the last cen- bill, a mishmash of subsidies and tax breaks gency of the issue or the concern of the tury. Since greenhouse gas concentra- that finally proved too expensive even for a American public. Given the enormous tions are a cumulative measure, sharp- Republican Senate to stomach. After a implications for our economy and our ly reducing a particular year’s emis- House vote, there may be an attempt to trim environment, this must change. Cli- sions is substantially less important the cost of the bill and add measures to mate change is real, and we must act. than the alternative, which is to start make it acceptable to more senators—in- down the long-term path of gradually cluding the growing number of Republicans The steps we must take to address who have, sometimes behind the scenes, indi- the issue are a matter of great debate. slowing the growth of greenhouse gas cated an interest in climate change legisla- There is a consensus that we must re- emissions. This will also allow busi- tion. duce greenhouse gas emissions, but nesses to plan for a carbon-constrained Indeed, any new discussion of energy pol- how we do that is not as simple. I ap- world. icy could allow Sens. John McCain (R-Ariz.) plaud my colleagues in the House as Mr. Speaker, I believe any climate and Joseph I. Lieberman (D-Conn.) to seek well as the Senate who have introduced change policy we implement must also another vote on their climate change bill, or supported legislation to address cli- tie our country’s efforts to reducing which would establish a domestic ‘‘cap and mate change. I have, however, great greenhouse gas emissions to those ef- trade’’ system or controlling the greenhouse forts of the major developing countries. gas emissions that contribute to global concern that their proposals, while ex- warming. tremely well-intentioned and well- We must ensure that they make a simi- If domestic politics could prompt the presi- crafted, do not have sufficient support lar commitment to our environment dent to look again at the subject, inter- in the Congress and do not adequately and that the United States is not un- national politics certainly should. Adminis- address the economic challenges our fairly burdened. It is a major concern tration officials assert that mending fences country will face as we move toward a of American business and labor that with Europe is a primary goal for this year; less-carbon-intensive economy. the developing countries participate in if so, the relaunching of a climate change It is my belief that we must take ac- slowing the growth of greenhouse gases policy—almost any climate change policy— tion now to reduce greenhouse gas to a degree comparable to ours. Any would be widely interpreted as a sign of emissions, but we must do so in a way program that does not link our emis- goodwill, as Mr. Blair made clear. Beyond the problematic Kyoto Protocol, there are that would minimize the impact to our sions reductions to those of the major ways for the United States to join the global economy. We must implement an econ- developing countries would not only be discussion, not least by setting limits for do- omy-wide, upstream, all greenhouse fundamentally unfair but could also re- mestic carbon emissions. gas cap-and-trade emissions reduction duce America’s competitiveness, re- Although environmentalists and the busi- program that provides some flexibility sulting in the loss of businesses and ness lobby sometimes make it sound as if no and a measure of certainty to those in- jobs in the United States. climate change compromise is feasible, sev- dustries and businesses affected. And, lastly, Mr. Speaker, a climate eral informal coalitions in Washington sug- The National Commission on Energy change policy must also encourage the gest the opposite. The Pew Center on Global Policy, a bipartisan group of top ex- development of new greenhouse gas Climate Change got a number of large energy emissions reduction technologies. companies and consumers—including Shell, perts from energy, government, labor, Alcoa, DuPont and American Electric academia and environmental and con- Mr. Speaker, I submit for the RECORD Power—to help design the McCain-Lieber- sumer groups, developed a set of sen- two documents to supplement what I man legislation. A number of security hawks sible policy recommendations for ad- have said here today, an editorial and a have recently joined forces with environ- dressing oil security, climate change, letter. mentalists to promote fuel efficiency as a natural gas supply, and other long- The long-term resolution of the greenhouse means of reducing U.S. dependence on Mid- term energy supply challenges. They gas emissions issues lies in the research and dle Eastern oil. Most substantively, the Na- advocate for a modest, certain and effi- development of new technology. tional Commission on Energy Policy, a group that deliberately brought industry, en- cient proposal. Their recommendations Mr. Speaker, there is irrefutable scientific vironmental and government experts to- have been endorsed by major U.S. busi- evidence to justify taking action on climate gether to hash out a compromise, recently nesses and labor groups. change. The long-term consequences of fail- published its conclusions after two years of One of the key components of their ing to act are sufficiently well documented, debate. proposal is the concept of a safety providing us with every incentive we need to Among other things, it proposed more valve for the cap-and-trade program. act. I know many of my colleagues believe flexible means of promoting automobile fuel

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12036 CONGRESSIONAL RECORD—HOUSE June 9, 2005 efficiency and suggested determining in ad- changes in atmospheric concentrations of a topic of worldwide importance, and vance exactly how high the ‘‘price’’ for car- these gases that accumulate over very long that is the United Nations. bon emissions should be allowed to go, there- periods of time. Strict adherence to a short- The United Nations was created in by giving industry some way to predict the term emission cap is therefore less impor- 1945 after World War II, and it was done ultimate cost of a cap-and-trade system. tant from an environmental perspective than They also point out that legislation lim- the long-term effort to reduce emissions to preserve world peace through collec- iting carbon emissions would immediately more substantially. Without a safety valve, tive security; and I believe, quite create incentives for industry to invent new cap-and-trade risks diverting resources away frankly, that it has failed miserably in fuel-efficient technologies, to build new nu- from those long-term efforts in order to meet its role. clear power plants (nuclear power produces a less important short-term target. As we approach the 60th anniversary no carbon) and to find cleaner ways to burn Finally, few approaches can protect the of the United Nations, I wanted to dis- coal. Technologies to reduce carbon emis- economy from the unexpected outcome of cuss the United Nations this afternoon, sions as well as fossil fuel consumption higher energy demand and inadequate tech- to look at its original charter and its around the world are within reach, in other nology as effectively as a safety valve. For words—if only the United States government example, opportunities to seek offsets out- mission, and evaluate if the United Na- wants them. side a trading program can effectively reduce tions has accomplished what it was de- the expected cost to a particular emission signed to do. JUNE 12, 2003. goal—which is beneficial—but that does not If we look over here, we have set out Hon. JOHN MCCAIN, address concerns about unexpected events. In what its initial mission was: ‘‘The Russell Office Building, fact, if the system becomes dependent on United Nations Failing its Mission.’’ Washington, DC. these offsets, their inclusion can increase un- Its charter calls as follows: The U.N. Hon. JOSEPH LIEBERMAN, certainty about program costs if the avail- charter calls for maintaining inter- ability and cost of the offsets themselves is Hart Senate Office Building, national peace and security and to that Washington, DC. not certain. Another proposal, a ‘‘circuit DEAR SENATORS MCCAIN AND LIEBERMAN: breaker,’’ would halt future declines in the end to take collective measures for the As Congress takes up the issue of market- cap when the allowance price exceeds a spec- prevention and removal of threats to based systems to reduce emissions of carbon ified threshold, but would do little to relax peace.’’ dioxide and other greenhouse gases, we are the current cap if shortages arise. Features It sets forth in more detail, if we writing to encourage you to incorporate an that do provide additional allowances when would read the charter, to maintain allowance price cap sometimes referred to as shortages arise, such as the possibility of international peace and security, to a ‘‘safety valve.’’ In the context of a cap-and- banking and borrowing extra allowances, are take effective collective measures for trade system for emission allowances, a safe- helpful, but only to the extent they can ame- the prevention and removal of threats, ty valve would specify a maximum market liorate sizeable, immediate, and persistent price at which the government would step in adverse events. to bring about the peace and world and sell additional allowances to prevent the To summarize, the climate change problem order. price from rising any further. Much like the is a marathon, not a sprint, and there is lit- Secondly, to develop friendly rela- Federal Reserve intervenes in bond and cur- tle environmental justification for heroic ef- tions among nations based upon re- rency markets to protect the economy from forts to meet a short-term target. Such he- spect, respect for the principles of adverse macroeconomic shocks, this inter- roic efforts might not only waste resources, equal rights and self-determination of vention is designed to protect the economy they risk souring our appetite to confront peoples. automatically from adverse energy demand the more serious long-term problem. Absent Thirdly, to achieve cooperation in a safety valve, a cap-and-trade program risks and technology shocks. While we disagree on solving international problems, prob- what steps are necessary in the short run, we exactly that outcome in the face of surpris- both agree it is particularly important to ingly high demand for energy or the failure lems of economic, social, cultural, and pursue them in a manner that limits eco- of inexpensive mitigation opportunities to humanitarian in character. nomic risk. arise as planned. A safety valve is the sim- And fourthly and finally, to promote Our support for the safety valve stems plest, most transparent way to signal the and encourage respect for human from the underlying science and economics market about the appropriate effort to meet rights and for the other fundamental surrounding the problem of global climate short-term mitigation goals in the face of freedoms that we all hold dear. Free- change, and is something that virtually all adverse events. dom from distinctions such as race, While trained economists hold divergent economists—even two with as politically di- sex, language, and religion. verse views as ourselves—can agree upon. It views on many topics—as our own views is based on three important facts. demonstrate—economic theory occasionally Unfortunately, if we look at the First, unexpected events can easily make delivers a relatively crisp message that vir- record of the United Nations over the the cost of a cap-and-trade program that in- tually everyone can agree on. We believe this last 60-some-odd years on any one of cludes carbon dioxide quite high, even with a is one of those occasions, and hope you will these issues, I think people would have modest cap. For example, consider an effort consider these points as Congress addresses to be in agreement with me that it has to reduce domestic carbon dioxide emissions various climate change policies in the com- failed on each and every one. The by 5% below future forecast levels over the ing months. United Nations has not maintained Sincerely, next ten years—to about 1.8 billion tons of international peace and security. As we carbon. This is in the ballpark of the domes- R. GLENN HUBBARD, tic reductions in the first phase of McCain- Professor, Columbia point out here, the number of wars that Lieberman allowing for offsets, the targets University, Chair- have occurred since 1945 number well in the Bush climate plan, and the level of do- man, Council of Eco- over 300 wars. Those wars have trans- mestic emission reductions described by the nomic Advisers, lated into the deaths of some 22 million Clinton administration under its vision of 2001–2003. people. Kyoto implementation. Based on central es- JOSEPH E. STIGLITZ, The only times that the United Na- timates, the required reductions would Professor, Columbia tions has ever supported intervening to amount to about 90 million tons of carbon University, Chair- man, Council of Eco- try to actually stop hostilities, to try emissions, and might cost the economy as a to prevent wars, to try to do and live whole around $1.5 billion per year. However, nomic Advisers 1995– reaching the target could instead require 180 1997. up to what its mission says were on million tons of reductions because of other- f two occasions. One was with respect to wise higher emissions related to a warm the Korean War. And the only reason summer, a cold winter, or unexpected eco- THE UNITED NATIONS that that came about, if the Members nomic growth. Based on alternative model The SPEAKER pro tempore (Mr. recall their history, was that the So- estimates, it could also cost twice as much MACK). Under the Speaker’s announced viet Union at the U.N. in New York to reduce each ton of carbon. The result policy of January 4, 2005, the gen- boycotted the Security Council meet- could be costs that are eight times higher tleman from New Jersey (Mr. GARRETT) ing, and they were able to take a vote than the best guess. Second and equally important, the benefits is recognized for 60 minutes as the des- to intervene at that point. from reduced greenhouse gas emissions have ignee of the majority leader. And the second one was much more little to do with mission levels in a par- Mr. GARRETT of New Jersey. Mr. recent, and that, of course, was in the ticular year. Benefits stem from eventual Speaker, I rise this evening to discuss first Persian Gulf war. But other than

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12037 those two examples, there has never share of votes in the U.N. General As- world, the United States is the one been any example where the U.N. has sembly siding with the United States is country in the best position now to de- successfully stepped in and prevented 1⁄2 percent. Less than 1 percent of the mand those reforms. these wars; and because of it, 22 million time does the U.N. side with the United So tonight let us take a look at some lives have been lost. States. The majority of the time, al- of those particular areas that I have Just over the last 10 years, there most 99.5 percent of the time, they are referenced already in need of reform have been multiple genocides that oc- against us. And despite the fact that with regard to the legislation that we curred under the United Nations’ we pay a vast majority, a huge percent- will be seeing soon out of committee watch. These have occurred in Bosnia; age, of the U.N.’s budget, we have the and before this House for consider- Rwanda; and now, as we speak, in the same voting rights as anyone else ation. Darfur region of the Sudan. Each time there; we have the same voting power Probably the one that is most famil- the United Nations has failed to take as countries such as Tunisia, Bulgaria, iar to the general public today is that the appropriate action and the action El Salvador; the same voting rights as dealing with the Oil-for-Food scandal; that was needed to put an end to those some of the other countries that I men- and when we think about it, it really is not that familiar to a lot of people be- mass killings, and it was mainly due to tioned previously, those countries with cause for a long time it was not getting political and economic pressures. terrible human rights violation records mainstream press attention. In fact, if If we think about it, the biggest that serve on the Commission of it was not for a newspaper in New York threat right now to the civilized world Human Rights, et cetera. Countries today, as we speak, is terrorism. And and a few other papers that focused on that are headed by dictators and ty- this extensively, we would never have even in this field, the U.N. has failed rants have the same ability to influ- seen this issue make the front pages of throughout its existence to develop a ence that world body that we do in the the paper elsewhere. And if it was not clear definition of what terrorism real- U.N. for certain news commentaries on sta- ly is. All these problems that I have men- tions like Fox and otherwise that did Another main mission of the United tioned lead back now to the very point actually do a good job of bringing this Nations is to promote and encourage that I am trying to make this after- issue to the fore, the rest of the main- human rights and equal rights noon, that the United Nations is in se- stream media failed to dig into this throughout the world. In this regard we rious need of major change and reform. issue to find out what the problems have something called the U.N. Com- Over the next hour my colleagues and were with regard regards to the Oil-for- mission on Human Rights. This is the I will discuss some of these problems, Food scandal. primary body that the U.N. has that is problems that the United Nations has So let us take this opportunity here charged with accomplishing this objec- had from its very foundation, from its this afternoon, then, to revisit that tive. However, again, look at the very creation in 1945, and have existed topic to allow the public to dig in and record and see that the U.N. has failed right up to the present time. Some of take a look at what the history was in this area as well. Countries such as these problems should be familiar to there and hopefully open the eyes of Cuba, the Sudan, China, countries that the Members as we see they make the some people to some of the real prob- have a long history of violating human headlines of some of the papers. Other lems within the U.N. rights, countries such as these sit on papers we have to read in the back to With regard to the Oil-for-Food scan- the very commission in the U.N. that is actually find out what is going on with dal, we have to go back to the first gulf supposed to be protecting the human the U.N., problems including such war. Back at that time, sanctions were rights and dignity of the people in things as the now infamous Oil-for- put in place on Saddam Hussein and his these countries. Food scandal, the sexual exploitation entire regime, and those sanctions These countries’ membership and of women and little children in the were put in place that forbade them others like them on this panel destroys Congo, also the ongoing crisis that I from exporting their oil outside of the very credibility of this commis- referenced earlier in the Darfur region their country. And we know that, of sion; and it prevents the United Na- of the Sudan. course, the oil revenue was his main tions from achieving its goals, those We need to examine now the ways we revenue stream coming into that coun- goals in promoting and strengthening need to take to reform the United Na- try. So restrictions were placed on that human rights. In fact, it was just a tions and make it a more accountable country saying that they could not ex- short time ago, several years ago, that and transparent world body, if that is port any more oil. And, of course, that Libya, that country with that terrible possible. was having a tremendous economic human rights track record, was se- I should say that I commend the downward impact upon his country lected to serve as the very chairman of House Committee on International Re- and, of course, the people that lived in the Human Rights Commission. lations, and the gentleman from Illi- it as well. When we get into the issue of dollars nois (Mr. HYDE) as well, the chairman The U.N. became involved and said and cents, American taxpayers should of that committee, because he and the that there were problems for the reg- be questioning just where their hard- committee, as we speak and just re- ular common people in that country earned tax dollars go. The United cently, have been working to bring up because of these sanctions. So in 1996 States pays almost 25 percent of the legislation out of the committee now these restrictions were softened, and entire United Nations budget. The and before this House that will address the U.N. established the Oil-for-Food United States pays upwards of 25 per- these problems, bringing up and pass- program. And in that program, it al- cent of the entire budget for the U.N., ing a substantial United Nations re- lowed the Iraqi government, Saddam Hussein, to sell a limited amount of oil estimated in the 25 percent ratio. But form proposal. I look forward to that and a limited amount from his re- then when we compare that to the legislation coming to the floor of the serves, was able to sell outside of that number of votes in the U.N. that side House for our consideration, for our re- country. with the United States on important view, and hopefully for a vote on that issues relative to the citizens of the legislation soon. b 1445 state, the pie chart looks particularly The lack of oversight and account- The revenue that would be coming different. ability by an international body that back into Iraq was to be used for hu- On the left, the pie chart showing al- claims to represent the moral con- manitarian purposes and supplies, food, most a quarter of the budget coming science of the world really should not housing and the like, medical supplies, from the U.S., U.S. taxpayers; on the be tolerated, should not be tolerated by for the regular people who were suf- right the pie chart showing the number the citizens of this country, should not fering in Iraq. of votes that are with us as opposed to be tolerated by the citizens of the When the U.N. established this, how- being against us, and we just get a world. As the largest financial contrib- ever, Saddam Hussein demanded cer- slight sliver. What is that number? The utor to the United Nations in the tain transaction payments from the

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The U.N. was of ab- other purposes, other than helping the being provided from the U.N. to get to solutely no value whatsoever through- people of his country. the very bottom of how all this oc- out the Cold War with the Soviet The way it worked was simply this: curred and what actually took place. Union, and it was NATO that preserved Under the agreement set up with the We will be taking a look at that in a through power the peace. As Lady U.N., he was able to designate those little more detail to see how those re- Thatcher said, it was Ronald Reagan companies that would be the ones that ports came out and the fact that the who won the Cold War without firing a would provide the humanitarian serv- U.N. continues to this day to fail to co- single shot. ices. Well, if those companies wanted operate with Congress, with the infor- Even in smaller regional conflicts, to have anything to do with getting mation that we have sought to receive the U.N. historically has been a total that lucrative contract with his gov- and also with regard to the informa- waste of time, money, effort and re- ernment, he would in turn compel tion that we had received and actually sources. For example, Cuba having them to make some sort of, I guess you now that the U.N. would like to get forces in Angola was never deterred by would say, under-the-table kickback to that information back. the U.N.; the Soviet Union invading Af- himself personally and his government. I see I have been joined by one of my ghanistan, the Vietnamese and the Ko- And what did he use that money for? colleagues, the gentleman from the rean conflicts, again examples of the He turned around and used that money great State of Florida, who also I complete impotence of the United Na- for his army, for his generals, for muni- would presume would like to speak to tions to the detriment of freedom-lov- tions, and, of course, also to provide for the issue of the U.N. and the need for ing peoples. the palaces that we have since seen reform and some of the problems with As my colleague pointed out, the that he enjoyed in that country, mean- the U.N. Saddam Hussein failure has been a dra- while while his people were destitute I yield to the gentleman from Florida matic one, but it is just the most re- and in poverty. Also money that was (Mr. FEENEY). cent one, along with the Oil-for-Food used to provide funding to Palestinians Mr. FEENEY. Mr. Speaker, I thank scandal, the perverted use of some U.N. and the homicide bomber families. Sui- the gentleman from New Jersey for his troops in undermining the safety of cide bombing families who engaged in distinguished leadership in this and women and children, actually engaging that conduct were soon informed that other matters. in the rape and torture of these people. their families would be receiving a sti- Mr. Speaker, it is very sad that as I Even when it comes to peacekeeping, pend, if you will, of $15,000 to $25,000 or go back and talk to people in my dis- something you would think the United more, care of the Saddam Hussein gov- trict about the role of the U.N., Ameri- Nations would be good at, they have a ernment, care of the Oil-for-Food rev- cans know they are very disturbed by miserable record. In Somalia, it was enue stream. the U.N., but they like the idea of hav- U.N. troops that presided over the larg- Now, by allowing this corrupt system ing this United Nations as a place est genocide in the last 10 years. They to continue and allowing Saddam Hus- where we can promote world peace and actually facilitated the genocide by sein to manipulate the Oil-for-Food world security and do some other herding together folks that were ulti- Program and also to bribe government things. It is not until you explain the mately slaughtered. In Rwanda, you officials from other countries, and the record of the United Nations, and be- had the Tutsis slaughtered by their op- reports have shown there has been an fore then the League of Nations, of pressors. The United Nations was to- extensive list of government officials total failure when it comes to pro- tally useless. In Yugoslavia, you had and people in high levels and positions moting freedom, total failure when it the horrible situation that resulted in other countries, countries that per- comes to protecting collective secu- from the U.N. embargo, denying one haps it really should not surprise us, rity, total failure across the board that side the arms to protect themselves whether we are talking about people in they really get frustrated. while the other side engaged in mass Russia or in France, countries that I want to congratulate the gentleman slaughter in Bosnia and elsewhere. were fighting the United States and from New Jersey. The U.N. is in need of I want to end, Mr. Speaker, by our positions where we had taken a deep and drastic and dramatic reform, thanking the gentleman from New Jer- tougher stance on Saddam Hussein. I and it is very sad to see liberals in the sey and saying there are some things guess now, in retrospect, we know why United States Senate hold up a re- that the United Nations can help at: some of those countries were fighting former like John Bolton’s nomination distributing food in times of crisis. the United States and our position to merely because he believes that Amer- They are a nice debating society, but try to help the people of Iraq, because ica’s security and freedom should come they have never once provided any bit there were people over in those coun- first, and the United Nations needs a of security to the United States or any tries that were receiving part of those serious dose of reality. of our friends. To the extent that they kickbacks from Saddam Hussein. I will tell you it has been sad histori- condemn anybody, it is typically our In the end, how much money was di- cally to watch the fact that the United friends like Israel, when they equated verted from the legitimate purposes of Nations, that was primarily the child Zionism, the belief that the Jewish helping these people? How much money after World War II of the British Gov- people ought to have a state where was diverted from providing for food ernment and the United States Govern- they can be free from threats from op- and shelter and medical supplies? Well, ment to promote security for the world pression and anti-semitism and abso- altogether, the reports are now looking and peace, has been a failure. lute genocide. It is Israel that has been at $21 billion was stolen by Saddam It was NATO that protected the free- condemned more than any other nation Hussein at the expense of his own peo- dom and the peace during the Cold on Earth by the United Nations. ple of his country. War. The League of Nations, which was Finally, the United Nations has Think about it. The U.N.’s Oil-for- started in 1914–1915, failed to deter any never been united in any way, shape or Food Program was created to help pro- major aggressor, including ultimately form. Some people say it is a democ- vide humanitarian supplies, food and Hitler’s Germany that attacked West- racy, but it is a democracy where a ma- medicine, to the less fortunate. But ern Europe and threatened peace jority of the people that vote are actu- Saddam Hussein, under the auspices throughout the world. ally dictators, tyrants. The majority of and the willing hand, if you will, of the Just like the League of Nations the United Nations is governed by U.N., was allowed to use that money to failed to protect the security of free places like the African Union, the Arab

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If we are not going to reform the United States stepped up and said we like that. But I thank the gentleman U.N., it is time to pull out of the U.N., will provide troops and equipment im- for his work and support. put together a group of freedom-loving, mediately. We will also provide fund- As was alluded to, one of the things peaceful nations that will engage in ing. the U.N. does not do is prevent wars. real collective security, and not engage They intermediately entered into One of the things they might be able to in this mirage where we pour our agreements with countries like India. do is help the people. That is what they money down a rat trap, fund our en- India, of course, was right there. They were supposed to be doing with regard emies often, and embarrass ourselves had their ships within less than an to the Oil-for-Food scandal situation, by being a participant. hour on the scene. And we were actu- providing food to the people of Iraq I yield back to the distinguished gen- ally getting the job done. through their oil revenue stream. tleman from New Jersey. Later, the U.N. became involved. Unfortunately, as I was alluding to a Mr. GARRETT of New Jersey. Mr. Even after the U.N. slowly began to moment ago, they failed miserably in Speaker, reclaiming my time, I thank make its presence known, it was not so that respect inasmuch as they allowed the gentleman for those comments. much the U.N. that was doing the the dictator Saddam Hussein to use The gentleman made a number of good work, as the gentleman knows, it is the those dollars for other things, to use points, the last one with regard to NGOs, all those other, what is the word those dollars to help build up his mili- what they are good at. Before the gen- for it, nonprofit entities, you might tary, to use those dollars to help build tleman got here, I put up the one chart sort of say, that were on the ground, up their palaces for their generals, as to what the charter of the U.N. says, that were already in some of these some of which I had the opportunity to what is their ultimate responsibility, countries, funded in large part by see when I had gone over to Iraq to why did we create the U.N. back after American taxpayer dollars. Those were visit our troops over there, magnificent World War II. It was basically the larg- the guys who were getting the job palaces that these generals and Sad- er mission. done. There it is. The larger mission is dam Hussein lived in at the time while So, just to conclude, I think the gen- maintaining international peace and the rest of the country was basically in tleman makes a good point that the security, which means to try to pre- squalor and poverty. That is where the U.N. does not do its original mission at vent future wars so we would not have Oil-for-Food revenue was going to. all, which is to provide security to this another war of the world as we had in It was also going to, as I said, people World War II, and to try to prevent fu- country, but the other point is that all outside of his country, bribing basi- ture wars, where we have had over 300 they really do is come in after the fact cally government officials and other wars. when it comes to providing food and high-ranking individuals in other coun- Then the gentleman alluded to an- medicine and still rely upon our tax tries, such as Russia and France and other point, which is interesting. The dollar to get the job done. elsewhere, the very same countries gentleman says if they are not doing Mr. FEENEY. Mr. Speaker, if the that were battling the United States in what the charter tells them to do, gentleman will yield further, I thank the U.N. saying that we should not be which is to try to make us all feel a lit- the gentleman. taking a tough position with Iraq, that tle more secure at home, that we are The United Nations, to the extent it we should allow them to continue on not going to engage in another world does anything, it distributes food and with the Oil-for-Food Program. resources largely provided by the war, maybe at least, the gentleman b 1500 suggested, that they are helping out United States of America. There are providing the delivery of food and the other non-governmental organizations Well, now we know why. They wanted like, disaster relief. that do at least as good a job on most the Oil-For-Food program to continue But I think the gentleman will agree occasions. If it was not for the gen- just so that they could continue to with me, because I know the gentleman erosity of American taxpayers and have a stream of money coming into follows the issue of the United States American contributions, much of the their private bank rolls. Well, the U.N. providing tsunami relief after the last world would never recover from some finally found out that that was going devastation that occurred at the end of of the horrible disasters that occur. on. Investigations were taking place, last year, how the White House was im- But I do believe there is a potential investigations are taking place here in mediately taking action. Although it role for the United Nations to play in this Congress. But, as I alluded to a was not getting a lot of press and it continuing to be a world welfare orga- moment ago, the very U.N. that we was not actually looking for press at nization in times of emergency relief fund and house here in the United that time, the White House and this perhaps and maybe a cocktail debating States in New York City, they failed to administration said we are going to society. But unless there are dramatic work with us here in Congress so that just go in and get the job done, and we reforms, they are good for nothing we can, as American citizens, get to immediately sent our troops over more. And it is a threat to our security the bottom of it and find out where our there, our ships over in that region of if we even pretend that they ever have dollars are going to and exactly what the world. deterred an aggressor. sort of transparency we need in order We were not calling up the press on As the gentleman points out with his to find out this information. The U.N. the same day we were doing it. The ad- chart, since 1945, their main mission has shielded their very own people. The ministration, they just said, we have a was to deter aggression by hostile U.N. has said that we are not going to problem. Let us get the United States countries to freedom. They have failed provide documents to Congress that over there and try to solve the problem 300 times to do their main mission. So the Congress wants, we are not going with regard to getting the food and let us never depend on the United Na- to provide people to come and testify supplies to the people. tions for our security or to protect before Congress that Congress needs. I know the gentleman is very aware American interests. So what did the U.N. do in this re- of that and was helpful in regard to Mr. GARRETT of New Jersey. Mr. gard? Well, what the U.N. did do was moving the legislation to get funding Speaker, reclaiming my time, I thank set up their own commission, or the there. the gentleman. Before I go on, I will commission has been set up, as we are But as an individual who has gone on comment that the gentleman’s com- all familiar with now, to investigate, the ground in those countries that ment about a debating society is one which is now known as the Volcker

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Well, the purpose of what, when it was intro- someone it has been discovered has not found guilty, but found as the indi- duced with the authorship of the gen- close ties himself to the U.N. in the vidual who was shredding these docu- tleman from Illinois (Mr. HYDE) and past and to the Secretary General, Kofi ments. my singular cosponsorship, the Hyde/ Annan, in the past, as well as other Now that these other two individuals Pence bill purposes to do. conflicts of interest, so perhaps not the have resigned from the commission The truth is, Mr. Speaker, that if the best to be heading up the investigation. that have been referenced before be- United Nations did not exist as a forum Also, as far as the powers that that cause of their views on the report being for international deliberation, we commission has, lack of subpoena pow- too soft, they took with them certain would very likely have to invent it. ers, lack of ability to hold people in documents and they took those docu- The United Nations, not as a world contempt in order to get them to tes- ments, and those documents have government, but as a world delibera- tify before this commission. found their way here to this House and tive forum, serves an important role. And it is for those reasons that that to the investigatory bodies here in this But because of years of mismanage- commission has not done the study and House. ment, mindless bureaucracy, and, as has not done the inquiry that we would One would think that the U.N. and the gentleman has spoken with force all like to have had, so we could get all the Volcker Commission would say, and authority today, profound corrup- the information out with regard to the that is fine. Now that you have the tion, this institution’s vitality and sur- Oil-For-Food scandal and the mis- documents, go ahead and do all that vival in the 21st century is at risk management at the top, at least the you need. But what happened right without fundamental reform. And that malfeasance, misfeasance at worst, at after that? Well, we know from the re- is precisely what the Henry Hyde U.N. the top of the hierarchy of the U.N. ports in the press that Paul Volcker Reform Act brings. But I say very carefully and directly, Paul Volcker also has been accused then came back and attempted as best this is not a bill that provides an out- of downplaying Kofi Annan’s involve- he could to block congressional inves- line for reform of the United Nations ment in the scandal. Several reports tigations from looking at these docu- with, if I can speak plainly, the United have come out of his commission with ments and, in fact, demanded those States providing virtually a third of regard to this scandal, and others. very same documents back. So, basi- the funding for this institution and They are called interim reports. cally, just a pattern of blocking in- then saying, we think these are good Several weeks ago, unfortunately for quiry into what the U.N. has been ideas for reform; we sure hope you do them, two of their top investigators doing and a pattern of standing in the who were working on his commission too. This is U.N. reform with teeth. way of citizens of the United States In fact, we use a variety of methods resigned from that investigatory body; and the citizens of the world to see for of leverage in the United Nations Re- they resigned. And the reason they did themselves the poor job that the U.N. form Act of 2005, but that which has so, they said, was because they felt has done with regard to living up to its caught the most notice is the potential that the commission and the reports charter of protecting and making a se- withholding of 50 percent of U.S. as- that have been issued by the commis- cure world and protecting the people in sessed dues if certifications are not sion basically are too soft, not hard- Iraq. made in the critical areas of reform hitting enough, on Kofi Annan and Kofi I see that I am joined here this after- that are described. Those areas include Annan’s involvement with the Oil-For- noon, and I appreciate that, by the gen- budgeting. The Hyde legislation urges Food scandal. Those individuals and tleman from Indiana (Mr. PENCE); and I the shifting of 18 programs from reg- the information that they have been yield to him. ular assessed budget authority to vol- able to take out as far as documents Mr. PENCE. Mr. Speaker, I thank the untary funded programs that will be a and what have you would not have been gentleman for yielding. great deal more accountable in the available to Congress, had it not been I rise in strong agreement with the process. that those people did not do the honor- sentiment expressed by the gentleman On the subject of accountability, the able thing and stand up and say that from New Jersey and our colleagues Hyde legislation mandates the creation they are not going to be part of an in- who have spoken in this Special Order, of an independent oversight board with vestigation that is not much more than and I especially want to commend the broad investigative authority through a whitewash of what is going on over at gentleman from New Jersey (Mr. GAR- the Office of Internal Oversight Serv- the U.N. RETT) for being one of the singular and ices, what will come to be known as The second report, remember I said most effective voices about the truth the OIOS, will have the authority to there were several interim reports, the about the United Nations in the 21st initiate investigations into mis- second interim report’s most troubling century on Capitol Hill, and I appre- management and wrongdoing and es- finding was the fact that Kofi Annan’s ciate his leadership in organizing this tablish procedures to protect U.N. em- chief of staff authorized the shredding Special Order today. ployees or contractors who serve in a of documents, numerous documents au- As a member of the newly organized whistleblowing capacity. thorized by the chief of staff of Kofi Subcommittee on Oversight for the In the area of human rights, the U.N. Annan relating to the Oil-For-Food United Nations, I am especially grate- Reform Act also has a get-tough policy scandal. He retired on January 15, ear- ful to have an opportunity to speak mandating that the United Nations lier this year. It was the same day that and to do so specifically, as the gen- adopt criteria for membership on any the committee was informed that these tleman has requested, about legislation human rights policy within the institu- documents had been shredded. In other that we on the Committee on Inter- tion. Under these criteria, countries words, documents that would have national Relations reported, literally that fail to uphold the universal dec- been necessary to show the direct in- just hours ago, when, by a very close laration of human rights would be in- volvement of the parties to this action vote, and what was I think an extraor- eligible for membership. Now, this may for Oil-For-Food were simply destroyed dinary and civil and thoughtful debate, come as a shock to any that are look- and shredded. the Committee on International Rela- ing in today, Mr. Speaker, but that is It is interesting to note that this is tions produced U.N. reform with teeth. not required today. There are countries the same individual, the same chief of The Henry Hyde U.N. Reform Act of who participate in human rights fo- staff that previously had supposedly 2005, we believe, will come to the floor rums in the United Nations that do not

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12041 uphold the universal declaration of Probably, when we get into the de- should be outraged about what has oc- human rights. We say that should not bate on this legislation next week, curred at the U.N. The world commu- be the case. whether it becomes partisan or not, I nity should be outraged about what oc- And in the area of peacekeeping, can imagine that there will be ex- curred at the U.N., and right over in where there have been such extraor- tremes from both sides, so I appreciate Iraq in the work of Saddam Hussein dinary scandals of late, children, little the gentleman’s moderation on this and right under the noses of the admin- girls, 10, 11 and 12 years of age being and his hard work on this. I am sure istrators at the U.N.? sexually molested by blue-helmeted the gentleman joins with me in sup- A $21 billion scandal, and it is only U.N. peacekeepers, which photographs porting the gentleman from Illinois now beginning to have the facts come record being made of the molestation (Chairman HYDE). out. We have a responsibility as Mem- and then the trafficking of those In essence, what the committee is bers of the Congress to continue with records, there are fundamental reforms doing is they are looking for in the Re- this investigation. We have a responsi- in the Hyde legislation that would form Act of 2005, these are my words, bility, as alluded to before by the gen- mandate a single and enforceable uni- not the committee’s words, but they tleman from Indiana (Mr. PENCE), to form code of conduct for all personnel are looking for oversight, account- make sure that if we are going to be serving in peacekeeping missions. ability, and cutting bureaucracy, I providing them any of your hard- And there is a strict mandate that guess the same thing that they were al- earned tax dollars that we will get to the criteria of the commission on ways looking for in any form of entity, the bottom of it, hold those people re- peacekeeping reform that was adopted government or otherwise, that plays an sponsible for what their actions were, by the United Nations, that the five important role in our lives. We do not for participating in or profiting from criteria and objectives be implemented want a huge bureaucracy, we do want a this outrage. They need to lose their in the immediate before any additional level of accountability so we know who jobs or go to jail or both. peacekeeping operations can be author- is responsible and we can hold them ac- So that is just one tip of the iceberg ized by the President of the United countable for what they have done, and problem with the U.N. And I can allude States. we want oversight. We want somebody, just to a point how this impacts upon I want to yield back to the gen- as the gentleman from Indiana (Mr. the world issue, world community as tleman from New Jersey because there PENCE) alluded to, somebody, some ap- far as security and terrorism is con- will be ample time on the floor next paratus who would be in a position to cerned. I think I have the chart here. week, I believe, when the U.N. Reform be able to step back for a moment and I referenced before what Saddam Act comes to this floor, to unpack it take a look at the situation as a whole Hussein was able to do with the money, for the American people. But it is, in a and see whether they are complying buy houses and palaces and military. very real sense, an opportunity to take with their overall charter and com- But part of it, also, in not too complex that information that the gentleman plying with their overall mission. an arrangement here, part of it also from New Jersey (Mr. GARRETT) is 1515 helped to facilitate suicide bombers leading on to the floor today and who b which we see on TV more frequently has been such a champion of, taking As we have alluded to already this than any of us want. But suicide bomb- the truth about the U.N. and saying, evening, we already know throughout ers in other parts of the world as well? here is the proper response of the history they have not been doing so, so I mentioned before that there was a American people. now we have to decide what to do with As I close, let me say that one re- it. situation where he was getting kick- sponse could simply be the American I referenced before the problems, the backs from payments from companies people, through their elected rep- ongoing investigation with the U.N. in the Oil-for-Food program. Some of resentatives, could profoundly reduce and what they have found so far. The that money then went to a bank ac- our participation financially in the behavior of the U.N. up to date, in my count in Jordan. There was also rev- United Nations. And it is important to opinion, is just totally indefensible enue coming into the regime, a $3 a say that the U.N. Reform Act keeps with regard to their investigations and barrel fee for oil. That was paid by the funding level. There is no reduction in the investigations that they are tak- Jordanian Government as part of their funding by the people of the United ing, blocking for Congress to take. I, agreement over with Iraq to get some States of America to the United Na- for one, take the position, and have of money out. Again, that money ended tions in the U.N. Reform Act. There is signed on to legislation that we had up in a Jordanian bank account there. a potential for as much as a 50 percent last year when these issues first came There is a bank, Rafidian Bank in Iraq. reduction in assessed dues if the United up, to say that we should be suspending That money was there; and other Nations, through its membership and all, we should be suspending all funding sources as well, I should say. The top internal organs, does not fundamen- to the U.N. until they agree to fully co- line here shows sources of money: kick- tally adopt and implement reform in operate and provide us with that level backs, fee per barrel and other sources the next 2 to 3 years. of accountability. of funds as well. It is U.N. reform with teeth, and for The gentleman from Arizona (Mr. All of that money coming into the re- all of the reasons that the gentleman FLAKE) has legislation that addresses gime, and where did it go? Into the var- from New Jersey (Mr. GARRETT) effec- the issue and says that we should be ious bank accounts that regime con- tively brings to the floor today, the withholding some level of funding to trolled. And eventually out of that Henry Hyde U.N. Reform Act of 2005 is the U.N. until there is a true account- bank account and to the families of an idea whose time has come. ing, until we can certify that we actu- suicide bombers. $15, $20, $25, upwards I yield back with gratitude to the ally know where all of that money of $35,000 each was going to the fami- gentleman from New Jersey. went to. lies of suicide bombers to help them Mr. GARRETT of New Jersey. Mr. Remember how much we were talk- out and to encourage that heinous type Speaker, I thank the gentleman, as ing about here? $21 billion has been ef- of action that we see as life is being well, for joining us here this afternoon fectively stolen, stolen from the people taken from other families and individ- and also for the work that he has al- of Iraq, the poor, destitute people of uals. ready done on the committee. I com- Iraq, during the entire scandal by Sad- The regime was supporting it. The mend him for that. I know the gen- dam Hussein and other people around U.N. was basically facilitating it by al- tleman is well respected by all of our the world and his regime, the largest lowing it to occur under their noses. colleagues for his insightfulness and theft, I guess, in world history. And we I am seeing now that I am joined by level-headedness as far as addressing are just looking for an accountability the gentleman from Iowa (Mr. KING). this issue because, as he pointed out, for that. Mr. KING of Iowa. Mr. Speaker, I we could be going in either extreme on It is really an outrage when you thank the gentleman from New Jersey this issue. think about it. The American public (Mr. GARRETT) for bringing forth this

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12042 CONGRESSIONAL RECORD—HOUSE June 9, 2005 important special order and for his you add that at least $10.1 billion worth believe that we should say to the per- presentation with regard to the United of fraud that came with Oil-for-Food, petrator, the person responsible, try to Nations. the $5.7 billion in oil smuggling, the do a little better. Normally, we look to I appreciate the opportunity to say a $4.4 billion in illicit surcharges, we the head of the organization when the few words about how we might better know now it is bigger than that. organization is floundering, especially reform the United Nations and how we We know the names of some of the in corruption. might better direct the future of this players? We know that those players In order for the U.N. to regain credi- country and the world. There has been were in places where their voices were bility, Kofi Annan must step down. a lot said, Mr. Speaker, about the echoed in opposition to the liberation Under his watch, the world’s largest fi- United Nations and what kind of a of the Iraqi people. One can only sus- nancial and human rights scandal has structure it is. This country has for a pect their interest was to continue rak- occurred. The U.N. Oil-for-Food scan- long time believed very firmly in the ing the gravy off of the Oil-for-Food dal makes the Enron scandal in Hous- sense that we can bring together an Program and pocket the money them- ton, Texas, look like theft of a tooth- international dialogue, resolve the selves. So they had what is called a brush. This U.N. scandal resulted in world’s problems and avoid war. That vested interest. In fact, if I remember millions of lives languishing in Iraq. In was why the League of Nations was es- the words of Barber Conable, it was, the ongoing investigation, it appears as tablished and certainly why the United Hell hath no fury like a vested interest though Kofi Annan and his top staff Nations was established. The U.N. was masquerading as a moral principle. may have obstructed justice, may have established in an endeavor to correct Well, their moral principle was actu- destroyed piles of files that many sus- some of the mistakes that were made ally an immoral principle, a principle pect reveal how he knew what was with the League of Nations and estab- of profit. That is part of the corruption going on all along. lish an organization that might func- of the United Nations. There should be consequences, and tion essentially in perpetuity in a fash- There is a sex scandal within the ad- my question is, what is the United Na- ion that is going to be helpful towards ministration that brought actually tion’s position on the consequences in peace and security in the world. sometimes more media than the Oil- its own body for improper corrupt con- Unfortunately, it has not worked out for-Food scandal did. And then we have duct? Why cannot the United Nations so much that way, Mr. Speaker. In those things. enforce basic civil rules for conduct? fact, the entire structure of the United We need to keep encouraging the in- Let us revisit just briefly some of the Nations is something we do not talk vestigation into the Oil-for-Food Pro- accusations against the United Nations about very often. It has a huge flaw, gram, and then we have the operations in addition to the Oil-for-Food dis- and the flaw is this, that in the minds of peacekeeping in Africa where we grace. How about the 150 allegations of of the people in this country and have peacekeepers perpetuating sexual sexual abuse by U.N. civilian staff and around the world we believe, since we violence on innocent citizens, innocent soldiers in the Congo? Accusations have a forum there, we have a general people. which include prostitution, rape, assembly there that brings in voices An organization like this that does pedophilia. Or what about the numer- from nearly every nation in the world not have a legitimate oversight pro- ous cases of abuse among peacekeepers and they sit in a place and they have gram truly needs a U.N. Reform Act? I in the northeastern town of Bunia? an open forum and an open debate, that am 100 percent supportive of this U.N. This does not include previous reports somehow that is a semblance of democ- Reform Act. A number of the compo- of peacekeeping abuses in Cambodia, racy and so, therefore, the will of the nents in here are essential. I think it is Ethiopia, Bosnia, and Somalia, and the people of the world will be manifested essential that the United States looks list goes on and on. in the policy of the United Nations. at holding back and reserving some of The big flaw is that many of those its dues to the United Nations until we How about the tragic tales of de- people that sit there are either dic- get a bright light that shines on the fenseless North Korean defectors who tators themselves or mouthpieces for United Nations, until we have a United faced deprivation or worse at the hands dictators, people that would cut the Nations that functions as truly the of U.N.-operated refugee camps? Or the tongues out of their own constituents voice of the people of the world and has investigations into the involvement of if they were to stand up and speak like the accountability like we have here in U.N. affiliates in trafficking prostitu- a free people as we do here in this the United States. tion in Kosovo? Not to mention, Mr. country. So, therefore, the voice of the So, with that, I appreciate the oppor- Speaker, some of the internal mis- world is not heard in the United Na- tunity to say a few words. conduct we have heard about like the tions. It is often the voice of the rulers, Mr. GARRETT of New Jersey. I allegations of sexual harassment, abuse the despots. thank the gentleman for his comments. of power, unwanted physical conduct In fact, as we listened to the United I thank him for his work. within at least one U.N. administrative Nations and the loudest voices in the I know that the American public office. And let us not forget the indica- United Nations prior to our engage- agrees with you when you say that we tions that Kofi Annan’s son, Kojo, may ment and liberation of Iraq, we heard a should be withholding funding to an or- have engaged in corruption by way of loud noise come from France, and they ganization such as this where there is the Swiss company for which he were organizing intensively to oppose no accountability and there is no worked that inspected items going to the United States’ potential operations transparency of what has been going on Iraq on behalf of the Oil-for-Food pro- in Iraq? That same noise came from all of these many years and this failing gram. Germany, and it came from Russia, and mission. So I thank you for your work. Whether or not we ever substantiate it came from China, where we remem- At this time, I see we are joined by claims that the UN’s Oil-for-Food ini- ber those days two-and-a-half, 3 years the gentleman from Texas. tiative has ties to international ter- ago. Mr. POE. Mr. Speaker, I thank the rorism, one thing is certain: Outlaws I said at the time that the decibels of gentleman from New Jersey (Mr. GAR- within the ranks of the United Nations resistance to a potential liberation of RETT) for yielding and his leadership in have instigated terror in the lives of Iraq that came from those countries underscoring the lengthy, loathsome people across the globe. Rather than and others in addition to that can be and lewd history that the United Na- weeping for joy at the arrival of United indexed almost directly in proportion tions possesses, a history of the decep- Nation relief, many of those people run to their oil interests in Iraq and in the tion and dishonesty and duplicity. in panic at thought of such a sordid Middle East. In fact, at the time I did As a former judge in Houston, Texas, savior touching the ground in their not know how prophetic that was, be- for over 20 years, I believe in con- own country. cause we were not aware at the time of sequences for bad conduct. When im- Whatever happened to the United Na- the Oil-for-Food Program. Now when proper behavior takes place, I do not tions’ charter promise that advances

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12043 justice and respect for obligations aris- Food scandal and abuses of the U.N. as of this Congress and the American peo- ing from treaties and the dignity and far as that scandal and as far as the ple. the worth of the human person? cover up that seems to be going on. Last month’s Special Order, which is In fact, in raising the United Na- I join with the gentleman in saying what these talks are called after legis- tions’ duty to promoting dignity and that we should be asking for the head lative business has been dispensed humanity, how ironic it has become of the U.N. to step down now so that he with, was about a bus, the bus of oppor- that countries like Sudan, Zimbabwe, can be replaced with someone that we tunity. And it was a plea to the leaders Cuba, Saudi Arabia, and even China all have confidence in in the interim of this Congress, to the leaders of this now comprise the membership in the period of time until, if ever, reform is administration, to the leaders of this United Nations’ Commission on Human made at the U.N. so that American tax- country to not allow Americans to be Rights. payers can look and say with pride, left behind as the bus of opportunity This body must act. It must act now. this is where our tax dollars are going, pulls off. And it must start with demanding that as opposed to the abuses where it is I talked about the experience that I Kofi Annan step down. He is respon- going on right now; the abuses that had with a little boy who was trying to sible for the conduct of the United Na- are, as I said before, just a litany. The catch a metro bus to school. And he tion, because in our society we look to gentleman mentioned the 150 alleged yelled to me and I ran and I ran and I the head of any organization. Then let human rights abuses by the U.N., by ran to catch up with that bus and I told us try to aid congressional investiga- the very peacekeepers who are going the little boy, You can run. You can tors in their efforts to unravel the de- into these countries that are trying to catch the bus. And we caught that bus ception and gluttony and the corrup- make these countries safe, such as in as it idled at a red light. We pounded tion perpetrated for years by the the Congo. Instead, they bring tragedy on the door. The bus driver nodded her United Nations. to the very people who become victims recognition of my request to let the lit- Mr. Speaker, I thank you for allow- of the U.N. as opposed to the warring tle boy board the bus, and then she ing me to make those comments; and I factions that are over there. shook her head no and drove away. The hope that we as a body can make a The gentleman made reference also little boy was crushed, but he caught statement that the United Nations is to the idea of forced prostitution. This the next bus, and I assume he success- fully made it to school. going to be held accountable for its is forced prostitution by little tiny Then I talked about some statistics conduct. kids. 10-year-old girls have been alleg- from leading organizations that keep Mr. GARRETT of New Jersey. Mr. edly used and compelled into prostitu- them about the dire straits faced by tion, a tragedy that is happening under Speaker, I thank the gentleman from too many Americans, and in particular OE the auspices of the U.N. body that we Texas (Mr. P ) for his comments. I too many African Americans. I showed are funding. These young women, these thank you for bringing so many of these charts on imprisonment, the dis- points to the public’s attention. young girls that are being compelled to parities that exist in our country. If You raise a point of whatever hap- be involved in this, the phrase used you look at imprisonment, which is an pened to the U.N. charter. That is now just as we had the Oil-for-Food indication of the status of justice in something we have been discussing to- scandal, now we have the sex-for-food this country, it will take for the gap to night extensively. Whatever did happen scandal as well. close between the rates of imprison- to the charter and the role that the We are talking about impoverished ment for African Americans and the U.N. was set up for back in 1945? countries over there where food is hard rates of imprisonment for white Ameri- You also used the expression, I no- to come by and people are starving in cans to close, it will take 190 years. ticed a couple of times as you went parts of Africa. And they are being, For poverty, for the rate of poverty through, a litany, a litany of abuses by well, forced under these conditions to experienced by African Americans, to the U.N., whether it was the 150 human sell themselves for a jug of milk or a catch up to the rate of poverty experi- rights abuses or the forced prostitution bit of food or for a dollar. For that rea- enced by white Americans it will take and on and on. Each time I noticed son now the phrase sex-for-food is here. 150 years to close that gap if nothing is that you mentioned the words, you said They have also been phrased ‘‘the dol- done in the area of public policy. Child ‘‘not to mention this,’’ as a phrase. lar girls’’ in these areas as well, again, poverty, 210 years to erase the gap of a Well, it is good thing. I appreciate the under the watchful noses and willing large number of African American chil- fact that you are here tonight. I appre- acquiescence by the U.N. because it is dren who experience poverty. Income, ciate the fact that you are mentioning the very people that the U.N. has en- 581 years to close the income gap expe- these points, because, as you know, gaged over there that have allowed this rienced by African Americans in this most of these points are not being men- conduct to go on. country. And, finally, because the tioned in the mainstream media. Most I believe we have significantly more President talks about homeownership of these points are not being driven issues to address, but we have only and the power of homeownership and home back at home, throughout our touched the tip of the iceberg as far as how this budget that this Congress is communities and the rest of the world the need of reform or the drastic now in the process of passing, is to pro- as well. changes as far as the relationship be- mote homeownership in this country, So I applaud you for mentioning tween the United States and the U.N. I sadly the rate of homeownership in the them and making sure that these are thank the Speaker for this opportunity African American community pales in at the front of people’s attention so to bring it to the American public. comparison to that experienced in the that this body can do just as you said, f white community. It will take 1,664 hold this institution accountable. I CATCH THE BUS OF OPPORTUNITY years to close the homeownership gap thank the gentleman for his work. if nothing is done. The SPEAKER pro tempore (Mr. So I ask the leadership of this Con- b 1530 MACK). Under the Speaker’s announced gress to please pay attention to these The gentleman has raised so many policy of January 4, 2005, the gentle- statistics because these statistics rep- important points that we need to go to woman from Georgia (Ms. MCKINNEY) is resent real people. And despite what in more detail. And as we begin to look recognized for 60 minutes as the des- the Republicans say about us having a at the reform next week, legislation, I ignee of the minority leader. growth economy, the sad fact is that if hope that we will have the opportunity Ms. MCKINNEY. Mr. Speaker, last we do nothing, too many Americans to explore each and every one of these month I was able to do a Special Order are being left behind, too many Ameri- in more detail so that the public can thanks to the minority leader and her cans. And so I ask that we leave no have a better understanding of just the staff who have secured time so that I American behind. number of abuses. We just touched on a can come on to the House floor and ad- Mr. Speaker, in Iraq I ask the ques- little bit of detail about the Oil-for- dress this Congress and the leadership tion tonight, are we leaving our soul

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12044 CONGRESSIONAL RECORD—HOUSE June 9, 2005 behind? Who are we as a country? What b 1545 any soldier can be subject to a combat have we become? Do the American peo- Juan Lopez, age 22, died June 21, 2004. situation. ple even care? What can we do to re- Tyler Brown, age 26, died September 14, However, the story also recognizes gain our soul? 2004. Foster Pinkston, age 47, died Sep- that more than halfway through fiscal Mr. Speaker, I have noted on this tember 16, 2004. Michael Scarborough, year 2005 the Army is 15 percent behind floor that the snows of Kilimanjaro are age 28, died October 30, 2004. Kelley in its effort to enlist new soldiers. melting, that the glaciers in the Arctic Courtney, age 28, died October 30, 2004. What is this administration’s posi- are melting, that we have real serious Dan Malcom, Junior, age 25, died No- tion on women in combat? problems that the best minds in our vember 10, 2004. Jonathan Shields, 25, The Mideast Stars and Stripes ran a country can devote their talent to solv- died November 12, 2004. Jeffrey story entitled, Marine Raid Breaks ing. And I would like to read a quote Blanton, age 23, died December 12, 2004. Gender Barrier. from Dwight David Eisenhower about Bennie J. Washington, age 25, died Jan- ‘‘Lance Corporal Erin Libby doesn’t how we choose to spend our resources. uary 4, 2005. Jesus Fonseca, age 19, died want to be treated the same as her He said, ‘‘Every gun that is made, January 17, 2005. David Salie, age 34, male Marine Corps counterparts. But every warship launched, every rocket died February 14, 2005. Tyler Dickens, she does want to be treated as an fired signifies in the final sense a theft age 20, died April 12, 2005. John McGee, equal, even in combat. from those who hunger and are not fed, age 36, died May 2, 2005. Charles ‘‘In a way, she got her chance last those who are cold and are not Gillican, the Third, age 35, died May 14, weekend when Marines from the 3rd clothed.’’ President Eisenhower said 2005. Battalion, 8th Marine Regiment, led a that. The sad fact, even sadder than the raid into the city of Karmah in search of high-value targets and hidden weap- Then John F. Kennedy in his inau- way I feel right now after having read ons. gural address reminded us that the those names, is that we may not even ‘‘ ‘We’re out here, and we’re rocking world is very different now for man, for have the real story. We may not know on the front line,’ said Libby, a 21-year man holds in his mortal hands the the true costs of this war. I am told old from Niceville, Florida. power to abolish all forms of human U.S. military personnel who died in ‘‘ ‘This is history,’ Chief Warrant Of- poverty and all forms of human life. German hospitals en route to German ficer Jill St. John is quoted as saying. Kennedy said, ‘‘Finally, to those na- hospitals are not counted. So, in addi- ‘I’ve been in the Marine Corps for 18 tions who would make themselves our tion to the more than 1,000 Americans years, and this is my first opportunity adversary, we offer not a pledge but a who have lost their lives in this war, to be out with an infantry company. request. That both sides begin anew there are an additional 6,210 who died Even 5 years ago, the Marine Corps the quest for peace before the dark in German hospitals or en route to wouldn’t be doing this. This is a major powers of destruction released by those hospitals. change in how we think women can be science engulf all humanity in planned Brian Harring writes in the Domestic used in the military.’ ’’ or accidental self-destruction.’’ Intelligence Reporter that the Bush ad- Then there is the headline from the Planned or accidental self-destruction. ministration has sworn up and down that it will never reinstate the draft. Guardian that says, The U.S. Lowers Today I would like to do a rollcall, a Defense Secretary Donald Rumsfeld, in Standards in Army Numbers Crisis. rollcall of the young men and women an op-ed blaming conspiracy mongers Why do we need to do this? who have died in Iraq from my home for attempting to scare and mislead ‘‘The U.S. military has stopped bat- State of Georgia as compiled by my young Americans, insisted that the talion commanders from dismissing local newspaper on Monday, May 30. In idea of reinstating the draft has never new recruits for drug abuse, alcohol, addition, I would like to read a few ar- been debated, endorsed, discussed, poor fitness and pregnancy in an at- ticles and I would like to read those ar- theorized, pondered or even whispered tempt to halt the rising attrition rate ticles all with one question or one se- by anyone in the Bush administration. in an Army under growing strain.’’ ries of questions in mind: Who are we? However, in the Domestic Intel- Last month, the Army announced What do we stand for? What is being ligence Reporter, Brian Harring writes that it was 6,000 soldiers short of its re- done in our name? Is there a way out? that assertion is demonstrably false. cruitment targets for the year so far, I will begin to read Georgia’s Memo- According to an internal Selective and tomorrow we are supposed to hear rial Day honor roll. Jamaal Addison, Service memo made public under the the latest numbers for recruitment. 22, died March 23, 2003; Diego Fernando Freedom of Information Act, the agen- We are told in this article that re- Rincon, 19, died March 29, 2003; Wilbert cy’s acting director met with two of cruiters have been given greater lee- Davis, age 40, died April 3, 2003; Edward Rumsfeld’s under secretaries in Feb- way. By doing things to increase quan- J. Korn, 31, died April 3, 2003, David T. ruary, 2003, precisely to debate, discuss tity, you are also doing things to de- Nutt, 32, died May 14, 2003; John K. and ponder a return to the draft. crease quality, but they have made the Klinesmith, Jr., died June 12, 2003; Mi- The memo then proposes in detail judgment that that is the way to go. chael Crockett, age 27, died July 24, that the Selective Service be reengi- Now the Stars and Stripes ran a 2003; Nathaniel Hart, Jr., age 29, died neered to cover all Americans, men story that has to be disheartening to July 28, 2003; Bobby Franklin, age 38, and, for the first time, women, ages 18 anyone who would read it. The head- died August 20, 2003; Benjamin Free- to 34. line: Advocates See Veterans of War on man, age 19, died October 13, 2003; Jerry I ask the question, what are we set- Terror Joining the Ranks of the Home- Wilson, age 45, died November 23, 2003; ting ourselves up for? What exactly are less. Marshall Edgerton, age 27, died Decem- we doing? ‘‘Advocates for the homeless already ber 11, 2003; Christopher Holland, age The Washington Post ran an article, are seeing veterans from the war on 26, died December 17, 2003; Nathaniel and it told us that the Army was going terror living on the street and say the Johnson, age 22, died January 8, 2004; to issue combat badges for soldiers not government must do more to ease their Ricky Crockett, age 38, died January in the infantry. The opening paragraph transition from military to civilian 12, 2004; Thomas Thigpen, age 52, died states: Any Army soldier who has seen life. March 16, 2004; William R. Strange, age active combat while in Iraq or Afghani- ‘‘Veteran affairs officials estimate 19, died April 2, 2004; Justin Johnson, stan may now receive a new Combat that about 250,000 veterans are home- age 22, died April 10, 2004; Antoine Holt, Action Badge, making tens of thou- less on any given night, and another age 20, died April 10, 2004; Marvin sands of soldiers who are not in the in- 250,000 experience homelessness at Camposiles, age 25, died April 17, 2004; fantry ranks, including women, eligible some point.’’ Marquis Whitaker, age 20, died April 27, for a combat award for the first time. How can it be that if we have a mil- 2004; Christopher Dickerson, age 33, It recognizes that in the current reali- lion people sleeping on the streets of died April 30, 2004. ties of the battlefield and insurgency America at night that a quarter of

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12045 them could be veterans? How do we b 1600 the CIA’s new license to kill anytime choose to spend our money? It is cer- ‘‘But the document titled ‘A Clean and anywhere, overseas without over- tainly not to decrease the disparities Break’ was drafted for Israel not the sight. He says they are now using mis- that exist in this country, and it cer- United States.’’ This is James Bamford sile-armed drones to do assassinations tainly is not to get rid of those who are speaking: ‘‘At the time the three were in Pakistan, Yemen, Afghanistan, and homeless, and it certainly is not to acting as advisers to newly elected other places in total secrecy, often take care of even the veterans, the vet- Prime Minister Binyamin Netanyahu. without notice even to the host coun- erans of our current war on terror. Too ‘Israel can shape its strategic environ- tries; and these problems just scratch many of them are sleeping on the ment. This effort can focus on remov- the surface in the intelligence commu- street. ing Saddam Hussein from power in nity. James Bamford, author, inves- As for the war in Iraq, how did we get Iraq, an important Israeli strategic ob- tigative journalist, reporter, telling us into this? My colleagues can come jective.’ Not satisfied with regime the truth about how we came to be in down and talk about the war. War is change in Iraq, they went on to rec- Iraq. just a word for many of us who do not ommend that Israel shape its strategic I would invoke another name, the experience it, who do not feel it, who environment by rolling back Syria.’’ name is Pat Tillman. Pat Tillman’s do not understand it. But there is an Bamford continues: ‘‘ Wurmser then family questions the reversal on the author by the name of James Bamford authored a paper in January 2001 argu- cause of the Ranger’s death. The Wash- who has done a lot of writing about the ing that the U.S. and Israel jointly ington Post tells us that former NFL U.S. intelligence establishment. He has launch a preemptive war throughout player Pat Tillman’s family is lashing written a new book, and he was inter- the Middle East and North Africa to es- out against the Army saying that the viewed by a Kevin Zeese about the new tablish U.S.-Israeli dominance. The military’s investigations into Till- book. That book is entitled, A Pretext U.S. and Israel should ‘strike fatally, man’s friendly-fire death in Afghani- not merely disarm, the centers of radi- For War, and this is how Bamford ex- stan last year were a sham, and the calism in the regions of Damascus, plains how it came to be that we got Army’s efforts to cover up the truth Baghdad, Tripoli, Tehran and Gaza.’ He involved in this war. This is what have made it harder for them to deal added that ‘crisis were opportunities.’ ’’ Bamford says. with their loss more than a year after This is Wurmser being quoted by James Bamford says of his book, their son was shot several times by his James Bamford. Bamford continues: fellow Army Rangers. ‘‘Pretext is the only book to take an ‘‘About the same time on January 30, in-depth look at the U.S. intelligence Tillman’s mother and father said in 2001, President Bush held his first Na- interviews they believe the govern- community from before 9/11 to the war tional Security Council meeting, and in Iraq. It describes how CIA Director ment and the military created a heroic according to former Treasury Sec- tale about how their son died to foster George Tenet, while succeeding in in- retary Paul O’Neill discussed only two creasing the personnel strength of the a patriotic response across the coun- topics, becoming closer to Israel’s try. They say the Army’s lies about CIA’s clandestine service during the Ariel Sharon and locating targets to late 1990s, failed to change the culture, what happened have made them sus- attack in Iraq.’’ picious and they are certain they will direction and training from a Cold War Bamford continues: ‘‘As Wurmser had never get the full story. ‘‘Pat had high focus to a counterterrorism focus . . . suggested following the 9/11 attacks, ideals about the country, that is why Thus, the CIA never even tried to pene- the Bush administration immediately he did what he did,’’ Mary Tillman said trate al Qaeda during the years leading began using the crisis as an oppor- in her first lengthy interview since her up to 9/11, believing it too difficult, too tunity to launch their long-planned son’s death. ‘‘The military let him dangerous or not their job, depending war against Iraq. on which agency official I inter- ‘‘At 2:40 p.m. on September 11, as the down. The administration let him viewed.’’ This is James Bamford speak- Pentagon was still burning,’’ and this down. It was a sign of disrespect. The ing. is Bamford continuing, ‘‘Secretary of fact that he was the ultimate team Defense Rumsfeld dictated notes of his player and he watched his own men kill He continues to say, ‘‘Pretext also him is absolutely heartbreaking and takes the only minute-by-minute look, intention to blame Saddam Hussein even though there was no evidence of tragic. The fact that they too lied about one-third of the book, at the con- about it afterwards is disgusting.’’ fusion and chaos taking place among such link and all of the intelligence pointed exclusively to bin Laden and al Pat Tillman’s father says, ‘‘Maybe senior officials in Washington and else- lying is not a big deal any more. Pat is where in the hours following the 9/11 Qaeda. ‘Hit S.H. at same time.’ ’’ That is Rumsfeld. ‘‘ ‘Sweep him up whether dead, and this is not going to bring him attack. It examines everything from back. But these guys should have been the secret locations to which the Vice related to 9/11 or not.’ ’’ Bamford con- tinues: ‘‘Next Wurmser was put in held up to scrutiny right up the chain President and other officials dis- of command, and no one has. appeared, to the evacuation of the in- charge of a secret unit in Feith’s office with a cover name Policy Counterter- ‘‘If this is what happens when some- telligence agencies, to the highly se- one high profile dies, I can only imag- cret continuance of government proce- rorism Evaluation Group. Its function was to gather and feed less than cred- ine what happens with everyone else.’’ dures that were activated, many for These are quotes from the Washington the very first time. ible intelligence, intelligence dis- counted by the CIA such as the sup- Post from Pat Tillman’s parents. ‘‘Next, Pretext describes how the posed Niger uranium deal to the White And then there is the matter of the claims involving Iraq’s weapons of House and Vice President CHENEY’s of- money, the money, the cost of this mass destruction, the connections be- fice. Wurmser is now Cheney’s top Mid- war. The cost of these priorities is at tween Saddam Hussein and al Qaeda dle East adviser.’’ the expense of America’s neighbor- and Hussein’s involvement with 9/11 Bamford continues: ‘‘Finally, Pretext hoods. Where is the money? were simply used as pretexts for a war closely examines the numerous lies and The Washington Post again tells us long planned by a small group of deceptions presented to the Congress, that an audit of Iraq’s spending spurs neoconservatives supportive of the the American people, and the world in criminal probe. Now the Department of Israeli government’s policies and the order to justify the war in Iraq.’’ Defense has admitted that they cannot expansion of U.S. military power Bamford says: ‘‘Finally, Pretext track $2.3 trillion, and we know that throughout the Middle East. It exam- closely examines the numerous lies and $100 million has been lost here and $9 ines how top Bush administration offi- deceptions presented to the Congress, million has been lost there, an esti- cials, Richard Perle, Douglas Feith and the American public, and the world in mate of $1 billion being lost every David Wurmser first drafted a plan out- order to justify the war in Iraq.’’ month. This Washington Post article lining an attack on Iraq and removal of One last note: he also tells us that says investigators have opened a crimi- Saddam Hussein in 1996. there is another problem and that is of nal inquiry into millions of dollars

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12046 CONGRESSIONAL RECORD—HOUSE June 9, 2005 missing in Iraq after auditors uncov- classified as conscientious objectors ‘‘For a great many years, as a sol- ered indications of fraud and nearly who are required to perform such serv- dier, I had a suspicion that war was a $100 million in reconstruction spending ice in lieu of serving in the military. racket; not until I retired to civil life that could not be properly accounted The question I asked is, how did we get did I fully realize it. Now that I see the for. here and where are we going? international war clouds gathering, as But the leadership in this adminis- I would just like to conclude with the they are today, I must face it and tration has told us that we can expect words, and I do not think I will have speak out.’’ war for the next generation. And, in- enough time to read the entire docu- These are the words of Smedley Dar- deed, it appears that preparations are ment, but all of this information that I lington Butler in his book, War is a being made for such a war, for such an have recounted today is available on Racket. endeavor. Military expansionism, di- the Internet. It is in the public domain. He goes on, in chapter two, to discuss rectly against what Dwight Eisenhower It is available in newspapers, domestic who makes the profits. He goes warned us about. and international. It is just a matter of through all of the war industries. He We have been told that Bush and being able to put it all together and talks about the powder people, the Karzai signed a pact for long-term U.S. reading, reading and understanding. steel companies, Anaconda, copper military presence in Afghanistan. They Smedley Darlington Butler, who was companies, a little increase in profits called it a strategic partnership. The a major general in the United States of approximately 200 percent. Guardian tells us that the U.S. mili- Marine Corps, wrote a little tome enti- Does war pay? It paid them. But they tary is going to build four giant new tled, War is a Racket. I would like to aren’t the only ones, he writes. There bases in Iraq. are still others. Leather, nickel, sugar. These U.S. bases pave the way for submit the entire document into the RECORD and I will read as much of it as Chicago packers. The bankers. He goes long-term intervention in Central Asia. through airplane and engine manufac- The U.S. Government, we are told, has I think I can. At least I will read the first opening paragraphs. turers. Shipbuilders. acquired basing or transit rights for He says that the Senate committee passage of war planes and military sup- ‘‘War is a racket. It always has been. ‘‘It is possibly the oldest, easily the probe of the munitions industry and its plies from nearly two dozen countries wartime profits, despite its sensational in Central Asia, the Middle East and most profitable, surely the most vi- cious. It is the only one international disclosures, hardly has scratched the their periphery, a projection of Amer- surface. Even so, it had some effect. in scope. It is the only one in which the ican power into the center of the Eur- The State Department has been study- profits are reckoned in dollars and the asian land mass that has no historical ing ‘‘for some time’’ methods of keep- losses in lives. precedent. All told, there are about ing out of war, and so the war depart- ‘‘A racket is best described, I believe, 350,000 troops deployed worldwide. Ac- ment suddenly decides it has a wonder- as something that is not what it seems cording to 2002 Pentagon documents, ful plan to spring to limit the profits in to the majority of the people. Only a there were only 46 countries in the en- wartime. tire world that had no U.S. military small ‘inside’ group knows what it is Then he asks the question, but what presence. Only 46 countries in the en- about. It is conducted for the benefit of about a limitation on losses? As far, he tire world. the very few, at the expense of the very writes, as I have been able to ascertain, Mr. Speaker, I would like to draw to many. Out of war a few people make there is nothing in the scheme to limit your attention tonight as I begin to huge fortunes. a soldier to the loss of but one eye, or wind down, H.R. 2723, which was intro- ‘‘In the World War,’’ and he is talk- one arm, or to limit his wounds to one duced recently by my esteemed col- ing about World War I because this was or two or three. Or to limit the loss of league from New York to provide for written a long time ago, ‘‘a mere hand- life. Of course, the committee cannot the common defense by requiring that ful garnered the profits of the conflict. be bothered with such trifling matters. all young persons in the United States, At least 21,000 new millionaires and bil- And then in chapter three, he asks, including women, perform a period of lionaires were made in the United Who pays the bills? He says that the military service or a period of civilian States during the First World War. soldier pays the biggest part of the bill. service in furtherance of the national That many admitted their huge blood In chapter four he says, How do we defense and homeland security, and for gains in their income tax returns. How smash this racket? He says a few profit other purposes. many other war millionaires falsified and the many pay. But there is a way H.R. 2723 establishes civilian service, their tax returns no one knows. How to stop it. It can be smashed effectively military service, a requirement. It sets many of these war millionaires shoul- only by taking the profit out of war. out the length of time of that service, dered a rifle? How many of them dug a And then he goes on to describe how conditions for termination of that serv- trench? How many of them knew what that could be done. ice, types of civilian service, imple- it meant to go hungry in a rat-infested He says, let the workers in the mentation standards by the President, dugout? How many of them spent plants, let the CEOs of the corpora- compensation and benefits for people sleepless, frightened nights, ducking tions, let the Members of Congress who age 18 to 26. It establishes deferments shells and shrapnel and machine gun appropriate the money all get the same and postponements for high school stu- bullets? How many of them parried a wages, all, even the generals and admi- dents, those experiencing certain hard- bayonet thrust of an enemy? How rals. Let them get the same wages as ships and disability, establishes induc- many of them were wounded or killed the total monthly income of a soldier tion exceptions, for example, for people in battle? in the trenches. He says, when you can who do not have proper training. It es- ‘‘Out of war nations acquire addi- let the kings and the tycoons and the tablishes conscientious objection and tional territory, if they are victorious. alternative noncombatant or civilian masters of business earn what the sol- They just take it. This newly acquired service, discharge, and includes women. diers earn, then maybe we will not So I thought I would go to the Selec- territory promptly is exploited by the have war. Maybe we can take the profit tive Service Web site and it tells us few, the selfsame few who wrung dol- out of war and maybe we can put an that Selective Service is also capable lars out of blood in the war. The gen- end to the racket. of providing inductees with special eral public shoulders the bill. In chapter five, Smedley Butler tells skills such as health care personnel ‘‘And what is this bill? us, I do not use these words, but he after authorizing legislation is passed ‘‘This bill renders a horrible account- says, To hell with war. by Congress and a draft is ordered by ing. Newly placed gravestones. Man- I wanted to use some of my time, and the President. gled bodies. Shattered minds. Broken I do not have much left, to talk about, hearts and homes. Economic insta- maybe to introduce what I will talk b 1615 bility. Depression and all its attendant about next month, and that is the de- The agency would also administer an miseries. Backbreaking taxation for pravities of war and how we can be- alternative service program for men generations and generations. come inhuman and inhumane. It does

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12047 not take war, but it certainly seems to of knowledge, demonstrated a will to Speaker, that spent 2 years studying be exacerbated by war. help others and a will to continually these effects and the risk to our mili- I have a situation in my district serve the community. I am sure that tary and to our country. where young black men already sub- that will continue long into the future. There were other effects in commu- dued, confined, in jail, tasered to Thank you, Bill, for your service. nications and so forth. As I said, none death, how many black men, unarmed f of this was expected; so there was no black men have been murdered on the instrumentation. We have since tried streets of our country? The depravities b 1630 to determine the effects of what is of war. Who are we? What are we be- NUCLEAR ELECTROMAGNETIC called electromagnetic pulse produced coming? Why is this? I was told that I PULSE by a nuclear detonation. We have done have to maintain decorum in this that with laboratory devices, some of place. I think we as a people, we as a The SPEAKER pro tempore (Mr. them quite large that could expose a country, we as a Nation need to ask MACK). Under the Speaker’s announced whole airplane, but none of them obvi- ourselves, what are we doing in Iraq? policy of January 4, 2005, the gen- ously large enough to include miles What are we doing around the world? tleman from Maryland (Mr. BARTLETT) and miles of long-line effect. What are we allowing the leadership of is recognized for 60 minutes. The EMP pulse at that distance was this country to do in our name? And Mr. BARTLETT of Maryland. Mr. estimated to be about five kilovolts per when will we stop it? Speaker, the subject that I want to meter. We will have occasion in a little spend a few moments talking about f bit to talk about that in light of this afternoon really began for our present capabilities. Because there was BILL GOETZ country in 1962. We were still testing intense activity above the atmosphere, (Mr. DAVIS of Kentucky asked and nuclear weapons then, and for the first the Van Allen belts were pumped up; so was given permission to address the time the United States tested a weapon there were a number of low Earth orbit House for 1 minute.) above the atmosphere. This weapon satellites that decayed very rapidly as Mr. DAVIS of Kentucky. Mr. Speak- was detonated over Johnston Island in they passed through the Van Allen er, I rise today in honor of William H. the Pacific. This was a part of a series belts. Goetz, who, after 46 years of service to of tests called the Fishbowl Series, and Mr. Speaker, I want to kind of put the City of Fort Mitchell, Kentucky, this was Operation Starfish in 1962. We what we are going to say in context. So has announced his retirement from had no prior experience with the deto- I want to indicate here some of the se- public service. nation of a weapon above the atmos- riousness of EMP and its implications. Bill Goetz’ career began in 1964 when phere. We prepared for this test with In 1999, I sat in a hotel room in Vienna, he began serving on the City Council of airplanes and ships using radar and Austria. I was there with 10 other South Fort Mitchell until that city theodelites and instrumentation to Members of Congress and several staff merged with Fort Mitchell in 1967. He measure the effects on the ground from members. We had there three members continued to serve as a council member a blast that was some 400 kilometers in of the Russian Duma and a representa- for a combined total of 18 years, until altitude. tive of Slobodan Milosevic. This was 1981 when he was elected mayor. In conversations just today with Dr. just prior to the resolution of the William Goetz was mayor of Fort Lowell Wood from Lawrence Livermore Kosovo conflict. We developed with Mitchell from 1982 until April of 1993 Laboratory, I learned more of the de- them a framework agreement that was when he was appointed city adminis- tails of the results of that test. They adopted about 5 days later by the G–8, trator and held that position for 12 had not anticipated the magnitude of which the Members may remember years, until announcing his recent re- the effects at the ground under the ended the Kosovo conflict. tirement. blast; so many of their instruments One of the members of the Russian Mr. Goetz has also served the city simply pegged and they were not able Duma was Vladimir Lukin, who was throughout his career as a member and to get a clear indication of the effects. well known to this country because he an officer of numerous local and State I might note that the Soviets had ex- was the ambassador here at the end of organizations, including serving as tensive testing experience with EMP Bush I and the beginning of the Clinton president of the Municipal Government over their own territory. They had a administration. At that time he was a League of Northern Kentucky, presi- much larger territory than we and very senior member of the Russian dent of the Northern Kentucky Area some of it quite remote; so they were Duma. He was very angry and sat for 2 Planning Commission, chairman of the able to instrument more extensively days in that hotel room with his arms board of the Kentucky Municipal Risk and had a lot more experience than we crossed looking at the ceiling. We had Management Association, and presi- have had. This was our first and only not early asked the Russians for help dent of the Kentucky League of Cities, experience with a superatmospheric and they felt offended about that, and a great record of public service. detonation of a nuclear weapon. the statement he made expressing that Mr. Goetz has shown a devotion to The effects over Hawaii, which was sentiment was that ‘‘you spit on us. employee relations and spearheaded ef- about 800 miles away, included several Now why should we help you?’’ And forts to improve employee benefits, totally unexpected things; so there was then he made a statement that stunned which in turn allows the city to retain no instrumentation on Hawaii to us. The leader of that delegation was its seasoned employees, a great work- record the effects. the gentleman from Pennsylvania (Mr. force with a long history of good serv- So all they can divine from the ef- WELDON), who speaks and understands ice. fects is what happened. Some street some Russian. And when Vladimir A devoted family man, Bill Goetz lights went out, and analysis after the Lukin was speaking, he turned to me spends much of his free time with a fact indicated that these were the and he said, ‘‘Did you hear what he large, extended family cheering on the street lights that were oriented so that said?’’ Cincinnati Reds and the Cincinnati there was a very long line effect. In Of course I heard what he said, but I Bengals football team. other words, the wires feeding the did not understand it because I do not The retirement of William Goetz street lights constituted a very long understand Russian. after over four and a half decades of antenna which received the signals But then it was translated, and this public service will result in his being from the detonation in space such that is what he said: ‘‘If we really wanted to greatly missed by elected officials, em- there was arcing and some of the street hurt you with no fear of retaliation, we ployees, residents, longtime associates lights went out. This was investigated, would launch an SLBM,’’ which if it and friends of the city. He is a consum- and some of the failures were retained was launched in a submarine at sea, we mate professional who has always been and were shown to a commission that I really would not know for certain a pleasure to work with, held a wealth will talk about in a few minutes, Mr. where it came from. ‘‘We would launch

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12048 CONGRESSIONAL RECORD—HOUSE June 9, 2005 an SLBM, we would detonate a nuclear in line of sight is damaged or de- b 1645 weapon high above your country, and stroyed. These are called prompt ef- Terrorist information warfare in- we would shut down your power grid fects. And, of course, satellites are very cludes using the technology of directed and your communications for 6 months soft because it costs about $10,000 a energy weapons. These are little weap- or so.’’ pound to launch a satellite; so they do ons that produce an EMP-like effect, The third-ranking communist was not launch a lot of hardening on the but over a very much more restricted there in the country. His name is Alex- satellite if they do not need to. area, and also electromagnetic pulse ander Shurbanov, and he smiled and So all of the satellites within line of produced from nuclear weapons. said, ‘‘And if one weapon would not do sight would be taken out by prompt ef- By the way, an enemy no more so- it, we have some spares.’’ I think the fects. It would not go so high, by the phisticated than Saddam Hussein number of those spares now is some- way, as the satellites that are 22,500 would need no more than a tramp thing like 6,000 weapons. miles above the Earth. And it would steamer, a Scud missile and a crude nu- This likely consequence of a high-al- pump up the Van Allen belts so that clear weapon like is probably available titude nuclear burst was corroborated satellites that were not in line of sight in North Korea or might be bought or by Dr. Lowell Wood, who in a field would die very quickly and one could stolen from some Russian source. That hearing at the Johns Hopkins Univer- not reconstitute the satellite network would not shut down the whole United sity applied physics laboratory, made by launching new ones because they States, because the Scud missile could the observation that a burst like this also would die quickly. not carry it high enough, but it would above our atmosphere creating this Let me show a chart here that shows certainly shut down the whole North- electromagnetic pulse would be like a the effects of this bomb exploding over east. giant continental time machine turn- the United States, and this shows a sin- ing us back to the technology of 100 gle weapon. This shows a single weapon By the way, this is not like the years ago. It is very obvious that the detonated at the northwest corner of Northeast blackout that we had a cou- population of today in its distribution Iowa, and it shows it at about 600 kilo- ple of years ago. This would produce could not be supported by the tech- meters high, and this would blanket all damage that you would not recover nology of 100 years ago. And I asked Dr. of the United States. And the concen- from simply by turning a switch. It Wood, I said, ‘‘Dr. Wood, clearly the tric circles here, not true circles be- would probably destroy large trans- technology of 100 years ago could not cause there is a little distortion of the formers. These very large transformers support our present population in its electrical fields by the magnetic waves are made to order, and if you need one, distribution,’’ and his unemotional re- around the Earth, but these represent they will build you one, not in this sponse was, ‘‘Yes, I know. The popu- the intensity of the field that is pro- country, we do not build the big ones lation will shrink until it can be sup- duced by this. At the center we can see anymore, they will build you one over ported by the technology.’’ it is 100 percent. But even out at the in Europe or Scandinavia, and it will Just a word, Mr. Speaker, about what margins of our country, it is down to 50 take maybe a year-and-a-half to 2 this EMP is. It is very much like a percent. years to get it. So it is not like you are really giant solar storm. All of us are Now, a little later I will show a state- going to recover from this tomorrow. familiar with solar storms and with the ment from some Russian generals that Iran has tested launching of a Scud disruption to our communication sys- were reviewed by the people who put missile from a surface vessel, a launch tems. And this is like a really giant together this report, and they said that mode that could support a national or solar storm. It is kind of like really in- the Russians had developed weapons transnational EMP attack against the tense static electricity everywhere all that produced 200 kilovolts per meter. United States. at once, all over the whole country. It Remember, the effects in Hawaii were We have a second chart which shows is sort of like a lightning strike that is judged to be the result of five kilovolts more of the evidence that potential en- not just isolated to one spot. Different per meter. So this is a force about 200 emies out there know that this is a po- than a lightning strike in terms of the times higher. The Russian generals tential weapon. intensities and so forth and the spec- said that they believed that to be sev- ‘‘If the world’s industrial countries trum, but it would be everywhere all at eral times higher than the hardening fail to devise effective ways to defend once over a very large area. that we had provided for our military themselves against dangerous elec- I have here in front of me the report, platforms that they could resist EMP. tronic assaults, then they will disinte- and I will have occasion to refer to Others know about EMP. I did not grate within a few years. 150,000 com- that again a little later, the report of want anybody to believe that we were puters belong to the U.S. Army. If the the Commission to Assess the Threat letting the genie out of the bottle and enemy forces succeed in infiltrating to the United States from Electro- others did not know about that. I men- the information network of the U.S. magnetic Pulse (EMP) Attack. This is tioned earlier the statement by Vladi- Army, then the whole organization the executive summary. The report mir Lukin, the Russian member of would collapse, the American soldiers itself is very thick and there is a big their Duma, and this is the statement could not find food to eat, nor would classified addendum to the big report. that I referred to here, and that was in they be able to fire a single shot.’’ And I just want to turn to one page May 2, 1999: ‘‘Chinese military writings I kind of think they would be able to here, and this is page 4, and it says: described EMP as the key to victory find food to eat. This is from an Ira- ‘‘What is significant about an EMP at- and described scenarios where EMP is nian journal, so you know they know tack is that one or a few high-altitude used against U.S. aircraft carriers in about this and they are thinking about nuclear detonations can produce EMP the conflict over Taiwan.’’ So it is not this. effects that can potentially disrupt or like our potential enemies do not know ‘‘Terrorist information warfare in- damage electronic and electrical sys- that this exists. The Soviets had very cludes using the technology of directed tems over much of the United States wide experience with this, and there is energy weapons, magnetic pulse.’’ I re- virtually simultaneously at a time de- a lot of information in the public do- ferred to that earlier. termined by an adversary.’’ main relative to this. Iran has conducted tests with its I talked a little bit about what EMP ‘‘A survey of worldwide military and Shahab-3 missile that have been de- is. It produces a large number of Comp- scientific literature sponsored by the scribed as failures by the Western ton electrons above our atmosphere commission,’’ that is the commission media because the missiles did not which are trapped by the magnetic that wrote this report, ‘‘found wide- complete their ballistic trajectories, fields around the Earth. They move at spread knowledge about EMP and its but were deliberately exploded at high the speed of light. The prompt effects potential military utility including in altitude. This, of course, would be ex- are such that if the voltage is high Taiwan, Israel, Egypt, India, Pakistan, actly what you would want to do if you enough, all electronic equipment with- Iran, and North Korea. were going to use an EMP weapon.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12049 Today we are very much concerned, protect my country, in the event, research. So I called to ask him about Mr. Speaker, about asymmetric weap- which we hope is not a high prob- EMP and its implications. ons. We are a big, powerful country. ability, in the event that there is an He said that if I had read his book, I Nobody can contend with us shoulder- EMP attack against our country? probably knew as much about EMP as to-shoulder, face-to-face. So all of our Your home burning, by the way, is he knew, but he was going to refer me potential adversaries are looking for not a high probability event. You may to what he said was in his view was the what we refer to as asymmetric weap- have a $300,000 home and it may cost smartest person hired by the U.S. Gov- ons. That is a weapon that overcomes you $300 for fire insurance for the year. ernment, and that was Dr. Lowell our superior capabilities. There is no So you can do the simple arithmetic Wood. So Dr. Lowell Wood comes with asymmetric weapon that has anywhere that tells you the insurance company great recommendations. near the potential of EMP. does not expect very many homes to Commissioner Richard Lawson was a Iran described these tests as success- burn that year. USAF general, served on the Joint ful. We said they were a failure because Then the next event in this little Chiefs of Staff and was Deputy Com- they blew up in flight. They described timeline was my trip to Vienna, Aus- mander-in-Chief of the U.S.-European them as successful. Of course, they tria, when I met there in that hotel Command. would be, if Iran’s intent was prac- room with Members of the Russian Dr. Joan Woodard, I had a very inter- ticing for an EMP attack. Duma. In 2001 we had some tests at Ab- esting experience with Dr. Woodard. I Iran’s Shahab-3 is a medium-range erdeen with a device that was made was visiting my son and daughter and mobile missile that could be driven on using only the equipment that a ter- children out in Albuquerque, he works to a freighter and transported to a rorist might buy from Radio Shack or at the Sandia Labs, and he brought point near the United States for an a place like that to see if you could put home a little note talking about a sem- EMP attack. I might state that an together a directed energy weapon, a inar they were having which was ex- early use of EMP is a common occur- weapon, by the way, that if sophisti- ploring some issues that I thought rence in Russia and Chinese war games. cated enough one might drive down would be relevant to the work that the I just would like to spend a moment Wall Street and take out all the com- Commission was doing. I did not know or two talking about kind of the his- puters in the financial market. It at that time that she was a member of tory of how we got here and why the would not go further than that, but if the Commission. big concern about EMP and the risk it did that, that would, of course, be an So I asked for a briefing, and I spent that it poses to us. I mentioned Oper- enormous blow. 5 hours in a classified briefing at ation Starfish in 1962. In 2001, the Commission was set up Sandia Labs. And it was not just Dr. Then we really had a scary event and then in 2004, last year, we have the Joan Woodard, it was a large number of which we did not know about for quite report of the Commission. people at the labs there that were fo- some time that happened in 1995 when I just would like to show you a chart cusing primarily on the national infra- there was a Norwegian weather rocket now of the commissioners. We will not structure consequences of this. that was set off. The Norwegians had have time to talk about the capabili- What I would like to do now is go told the Russians that they were going ties of all of these commissioners, but through some of the statements and to fire this weapon, but that did not I will assure you that these are all gi- recommendations of the report. The get to the proper level. When the weap- ants in their area. They were appointed next chart shows the threat and the na- on was fired, it was interpreted by the from among the foremost scientists, ture and magnitude of EMP threats Russians as a potential first strike of experts and military officers in the within the next 15 years. the United States against them and United States to achieve a mix of tal- On the right you see the coverage they had alerted their nuclear missile ent on scientific aspects of EMP, nu- that is produced by weapons detonated response. They came very close to clear weapon design, military implica- at various altitudes. I mentioned 600 launching that, and we did not know tions of EMP and the effects of EMP on kilometers. Actually 500 kilometers about that until some time after. civilian and military infrastructures. pretty much covers the margins of our In 1997 I had a very interesting expe- Dr. William Graham, the Commission country and, of course, the lower the rience. I am on the Committee on chairman, was science advisor to Presi- altitude you detonate it, the less area Armed Services. This was during the dent Reagan. He ran NASA and was one that it covers, but the higher will be Clinton administration, and he had set of the first scientists to study the EMP the intensity of the pulse that is pro- up a Commission on Critical Infra- phenomenon when it was first discov- duced. structure. General Marsh, retired, was ered by its United States in 1962. This is a direct quote from the EMP chairing that Commission on Critical Commissioner John Foster, Johnny Commission report: ‘‘EMP is one of a Infrastructure. This was infrastructure Foster, who designed most of the nu- small number of threats that may hold that was so critical that if an enemy clear weapons in the inventory the at risk the continued existence of to- could take it out, we would be very United States today, was a director of day’s U.S. civil society.’’ much disadvantaged by it. I asked him the Lawrence Livermore National Lab- Now, that is couched in the careful about EMP, had they looked at that? oratory, and for decades has been a kind of scientific terms, but what that His answer was, yes, they looked at close adviser to the Department of De- really means is that a really robust it. fense on nuclear matters. EMP laydown, which, as Vladimir Well? Dr. Lowell Wood is a member of the Lukin in that hotel room in Vienna, He said, well, we did not think there director’s staff at Lawrence Livermore Austria said, would shut down our was a high probability that would hap- National Laboratory where he inher- power grid and communications for 6 pen, so we did not continue to look at ited the scientific mantel of Dr. Ed- months or so. And if one weapon would it anymore. ward Teller, the inventor of the hydro- not do it, as Alexander Shaponov said, I told him, gee, with that attitude, if gen bomb. four absolutely would do it, particu- you have not already, I am sure when I had a very interesting personal ex- larly with the power of the weapons you go home tonight you are going to perience related to Dr. Lowell Wood. that the Russian generals say that cancel the fire insurance on your home. When I became interested a number of they have developed. What one needs when there is the po- years ago in EMP and the potential im- What this would do is to produce a tential for a very high-impact, low- plications, I knew that Tom Clancy, society in which the only person you probability event, is what we call in- who lives in Maryland and he has come could talk to was the person next to surance. I think that every American to do several events for me, I knew you, unless you happened to be a ham citizen has the right to ask their gov- that he had a novel in which EMP was operator with a vacuum tube set, ernment, have you made the proper in- one of the sequences in his novel. I which, by the way, is 1 million times surance investment to protect me, to know that Tom Clancy does very good less susceptible to EMP than your

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12050 CONGRESSIONAL RECORD—HOUSE June 9, 2005 present equipment that the hams use. United States simply by launching a port. States or terrorists may well cal- And the only way you could get any- primitive Scud missile off a freighter culate that using a nuclear weapon for where was to walk, because, you see, if near our shores. We do not need to be EMP attack offers the greatest utility. the pulse is intense enough, it turns off thinking about missiles coming over Mr. Speaker, there is no way that a all the computers in your car. There the Pole. There are thousands of ships country could use a nuclear weapon will be no electricity, so even if the car out there, particularly in the North At- against the United States that would ran, you could not get gas. lantic shipping lanes, and any one of be as devastating as using it to produce By the way, if you have a car that them could have a Scud missile on an EMP lay-down. I had not noted, but still has a coil and distributor, you are board. If you put a canvas over it, we I should note, Mr. Speaker, that there probably okay, because those are pret- cannot see through the thinnest can- is no effect on you or me from this ty robust structures compared to to- vas. We would not know whether it was weapon. We are quite immune to that. day’s cars with so much microelec- bailed hay or bananas or a Scud We will not be damaged by that. Build- tronics in them. launcher. You cannot see through any ings will not be damaged by that. It It would disrupt our military forces cover on ship. The Commission on the will affect only electric and electronic and our ability to project military Emerging Ballistic Missile Threat equipment. power. For the last decade, Mr. Speak- chaired by Secretary Rumsfeld before EMP offers a bigger bang for the er, we have been waiving hardening on he was Secretary, and Dr. Bill Graham, buck. Now, this is from their report; I essentially all of our military plat- the chairman of this commission was am not saying this. EMP offers a big- forms because it costs maybe as little his vice-chair, found that ships had ger bang for the buck against U.S. as 1 percent, maybe like 5 percent more been modified so that they had missile- military forces in a regional conflict or to harden. It can be done. That is the launching tubes in ordinary freighters. a means of damaging the U.S. home- good news story. If you do not harden, You can read that in their report. land. EMP may be less provocative of you can get 5 percent more weapons Scud missiles can be purchased on U.S. massive retaliation compared to a systems. And since we have had so lit- the world market today for less than nuclear attack on a U.S. city that in- tle money during those years, the Pen- $100,000. Al Qaeda is estimated to own flicts many prompt calories. tagon opted to run this risk. With ter- about 80 freighters, so all they need, Just a couple of words about this. As rorists about, I think that is probably Mr. Speaker, is $100,000, which I am Vladimir Lukin said, if it were a risk we do not want to continue to sure they can get, for the missile and a launched from the ocean, we would not run. crude nuclear weapon. know who launched it. So against The number of U.S. adversaries capa- Certain types of low-yield nuclear whom would we retaliate? Even if we ble of EMP attack is greater than dur- weapons can generate potentially cata- knew who launched it, Mr. Speaker, if ing the Cold War. We may look back strophic EMP effects. These certain all they have done is to disable our with some fondness on the Cold War. types of weapons are weapons that computers, do we respond in kind, or We then had only one potential adver- have been designed for enhanced EMP do you incinerate their grandmothers sary. We knew him quite well. effects. They may have little explosive and their babies? This would be a real- effect, but very high EMP effects over ly tough call. Responding in kind b 1700 wide geographic areas, and designs for might do very little good. There is no Now we have who knows how many various such weapons may have been other country in the world that has potential adversaries, and they come illicitly trafficked for a quarter of a anything like our sophistication in from very different cultures than we, century. We are certain that the Chi- electronic equipment, and no other and we have a great deal of difficulty nese have them. Of course the Russians country in the world is so dependent as in understanding them and commu- have them; they developed probably we are on our national infrastructure. nicating with them. better or at least as good designs as we So this is a real problem and a big in- Potential adversaries are aware of developed. We designed them, by the centive to use this weapon without fear the EMP’s strategic attack option. I way, but never built them. The Rus- of retaliation, as Vladimir Lukin says, started, Mr. Speaker, with talking sians we understand have both de- with no fear of retaliation. about the fact that I was not letting signed and built them, and we now be- EMP could, compared to a nuclear the genie out of the bottle. Ninety-nine lieve those designs to be pretty wide- attack on the city, kill many more percent of Americans may not know spread out around the world. Americans in the long run from indi- very much about EMP, but I will as- The next chart shows the comments rect effects of collapsed infrastructures sure you, Mr. Speaker, that 100 percent from the Russian generals, and to pro- of power, communications, transpor- of our potential enemies know all tect the Russian generals we have re- tation, food, and water. Can you imag- about EMP. I think that the American dacted their names. But the commis- ine our country, Mr. Speaker, with 285 people need to know about EMP be- sion met with Russian generals, and million people, no electricity, and cause they need to demand that their they claim that Russia has designed a there will be no electricity, no trans- government do the prudent thing so super-EMP nuclear weapon capable of portation, no communication? The that we will be less and less suscep- generating 200 kilovolts per meter. And only way you can go anywhere is to tible, less and less at risk to an EMP the Russian generals told our commis- walk, and the only person you can talk attack year by year. The threat is not sion people that they believe that to be to is the person next to you. What adequately addressed in U.S. national several times higher than the level would we do? How many of our people and homeland security programs. Not two, which we had hardened our weap- might not survive the transition from only is it not adequately addressed; it ons systems; even those that are hard- that situation to where you had estab- is usually ignored, not even mentioned, ened and, as I mentioned, Mr. Speaker, lished a sort of infrastructure that and it certainly needs to be considered. most of our weapons systems now pro- could support civil society as we know I might note that Senator John Kyl, cured are not hardened. it today. with whom I served in the House on the Russian, Chinese, and Pakistani sci- Strategically and politically, an Committee on Armed Services, wrote entists are working in North Korea and EMP attack can threaten entire re- just a couple of weeks ago a very nice could enable that country to develop gional or national infrastructures that editorial in the Washington Post, and an EMP weapon in the near future. are vital to U.S. military strength and we will have his quote a little later, on Now, this is not what the commission societal survival, challenge the integ- EMP effects and how we need to be said; this is what the commission re- rity of allied regional coalitions, and about preparing ourselves for that. ported the Russian generals to have pose an asymmetrical threat more dan- Terrorists could steal, purchase, or said. gerous to the high-tech West than to be provided a nuclear weapon and per- The next chart shows additional com- rogue states. This makes the point form an EMP attack against the ments from the EMP Commission re- that I was making that because we are

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12051 the most sophisticated, we are the Brown. I think that he worked at blow up buildings, but it shuts down most vulnerable. CalTech, and he offered a series of sem- the infrastructure because it would de- Technically and operationally, EMP inars called the ‘‘Next 100 Years.’’ This stroy, disrupt all of the electronic attacks can compensate for defi- was during the Cold War. And one of equipment if the pulse was high ciencies in missile accuracy, fusing the questions that it was appropriate enough; and a determined, sophisti- range, reentry, velocity design, target to ask during the Cold War was, What cated enemy could make sure that it location, intelligence, and missile de- would you do after the nuclear attack? was high enough. fense penetration. We are really supe- You may remember, Mr. Speaker, your So he was concerned that maybe it rior in all of these areas, and none of parents talking about the backyard would not be possible now without that our enemies out there, except for Rus- shelters that were built during the high-quality, readily available resource sia and China, and we would not expect 1960s. Sometime after that I went to of raw materials that might be very an attack like this from either of work for IBM and they were still talk- difficult without massive help from them, but there is nobody else out ing about the fact that IBM had loaned other parts of the world that we could there who really can be very good shots its employees money interest-free to reconstitute our society. with their missiles. build a backyard shelter. There was a I think, Mr. Speaker, that we need to But what the EMP Commission re- real concern that there could be a bolt be looking at that threat to our coun- port is pointing out is, they do not out of the blue and that we could have try today. I am sure it is no less a need to be. Anywhere over the north- a nuclear attack. We had a big civil de- threat now than it was when Harrison eastern United States will shut down fense organization with lots of shelters. Scott Brown was holding those semi- all of the northeastern United States, They were stocked, and you were given nars. In 2004, the EMP Commission met and anywhere near the middle of our pamphlets and you were told where to with very senior Russian officers, and country, you can miss it by 100 miles go. we showed that on the sign. They and it really will not matter. Anything I think, Mr. Speaker, that today, warned that the knowledge and tech- near the middle of our country deto- with the potential for terrorist attack, nology to develop what they called nated high enough with the right kind we need to turn back a few pages and of weapon will blanket the whole coun- super EMP weapons had been trans- learn from our experience during the try with an EMP force that could ferred to North Korea and that North Cold War when we recognized that the knock out all of our electronic equip- Korea could probably develop these more prepared an individual and a fam- ment. weapons in the near future, within a ily was to be self-sufficient during that The next chart shows some other few years. comments in the EMP report. One or a attack, the stronger we would be as a The Russian officers said that the few high-altitude nuclear detonations whole; and I think that we could profit, threat that would be posed to global se- can produce EMP simultaneously over at least have a more intense focus on curity by a North Korean armed with wide geographical areas. As the chart civil defense in our homeland security super EMP weapons was, in their view, we showed earlier, the whole country efforts. and I am sure, Mr. Speaker, in your can be blanketed with one about 600 Harrison Scott Brown was concerned view and mine, unacceptable. kilometers high. about what you would do after you You know, why use EMP, as we noted The thing they were really concerned came out of the fallout shelter and how in a previous chart? A terrorist or about, because we have a very sophisti- you would reconstitute your society to rogue state might be so inaccurate cated infrastructure with lots of inter- reestablish the kind of an infrastruc- that they could not even use a nuclear dependencies, they were really con- ture that you had before the attack. weapon to take out New York City. cerned about the cascading failure, un- His concern was that in the United They might hit the countryside some- precedented cascading failure of our States, and this was a number of years where near. But it would not really electronics-based infrastructures, ago, his concern would be even greater matter with that low accuracy if they which could result in power, energy, were he alive today, his concern then were doing an EMP laydown. Because transport, telecom, and financial sys- was that we had developed such a so- anywhere over New England would be tems and are particularly vulnerable phisticated, interrelated infrastruc- quite good enough, and there is no way and interdependent. And if one of them ture, that if it came down like a house that they could do as much damage to comes down, if you bring down the of cards, that it might be very difficult, our country by a ground burst, even if power grid, Mr. Speaker, you have maybe, he thought, and I will explain it hit the city, than if they could do a brought down all of these other parts in a moment why, maybe impossible to high altitude burst, which produced of our national infrastructure. EMP reestablish that infrastructure. Be- EMP and took down, if it was intense disruption of these sectors could cause cause, he noted, that this infrastruc- enough, all of our infrastructure. large-scale infrastructure failures for ture was built up gradually from very EMP has such a wide area of effect all aspects of the Nation’s life. simple to very complex, when there that if the weapon is large enough or Now, these are not my words; these was available to us a rich resource of several are used, covering potentially are taken from the EMP Commission raw materials, high-quality iron ore. an entire continent, that even a highly report. This commission was set up as That is all gone. Our best ores now, I inaccurate missile could not miss its a part of public law, and that is noted think, are 1⁄2 of 1 percent taconite ores. target in an EMP effect. EMP attack here on this chart. Both civilian and involves exoatmospheric detonation, b 1715 military capabilities depend on these meaning that attack, this is really in- infrastructures. Without adequate pro- When oil essentially oozed out of the teresting, Mr. Speaker, this attack tection, recovery could be prolonged ground, when the water washed the dirt would occur before the weapon ever re- months to years for recovery. And here away, you could see coal exposed in entered the atmosphere. So even if we on the right is a little depiction show- some of the hills of Pennsylvania. The were really good at taking out weapons ing some, and there are more than oil now is deep and hard to get or off- before they hit us, it really would not that, showing some of the inter- shore or in the Arctic. All the good matter, because this is detonated be- relationships. For instance, electric coal has been burned. Now, to get oil fore it starts to reenter. So any weapon power is not shown as important for and to get coal, we have to have the in- that would take out a missile on its water or for banking and finance, and frastructure. You have to have diesel final descent would be useless, because for government services; and of course fuel shipped to you. You have to have it has already detonated and the dam- it is. So if you do not have electric large excavators. age is done at altitude. power, for instance, you do not have His concern was that if our infra- Increased dependence on advanced any of these other things. structure collapsed as a result of a nu- electronic systems results in the poten- There was a number of years ago a clear attack, today we are talking tial for an increased EMP vulner- scientist by the name of Harrison Scott about an EMP attack, which does not ability. And what this does is to make

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12052 CONGRESSIONAL RECORD—HOUSE June 9, 2005 that attack more attractive to our as- work, but my arms and my hands will attack, we would not even know where sailants. The fact that we are ever not work. I am not sure just having the it came from if it came from the more sophisticated and therefore ever capability of my brain communicating oceans, is more desirable than the de- more vulnerable makes it ever more with my spinal cord does me much struction of selected cities. Delayed attractive to our adversaries, because good if my arms and my legs will not mass lethality is assured over time this really becomes the ultimate asym- respond to those signals. through the cascade of EMPs’ indirect metric weapon. The EMP Commission has proposed a effects that would bring our highly spe- EMP threatens the ability of the 5-year plan that, if implemented, would cialized and urbanized society to a dis- United States and western nations to protect the United States from the cat- orderly halt. project influence and military power, astrophic consequences of EMP attack The vulnerability of the United because a third-world country with a and make recovery possible at surpris- States to EMP attack serves as the lat- crude missile and a crude nuclear ingly modest cost. est revelation that societal protections weapon could, in effect, hold us hos- I would like now to turn to a state- associated with our national security tage. This is why it is so important ment that was made by Dr. John Kyl. can no longer be assured by traditional that we stop the spread of nuclear I mentioned his name earlier. Last nuclear deterrence and battlefield weapons. week, the Senate Judiciary Committee preparations on their own. EMP can cause catastrophic damage Subcommittee on Terrorism, Tech- Let me put up now a conclusion to the Nation by destroying the elec- nology and Homeland Security, which I chart. The EMP threat is one of a few tric power infrastructure, causing cas- chair, his words in his op-ed piece, held potentially catastrophic threats to the cading failures in the infrastructure for a hearing on a major threat to the United States. By taking action, the everything: telecommunications, en- United States not only from terrorists EMP threat can be reduced to manage- ergy, transportation, finance, food, and but from rogue nations like North able levels, but we should have started water. Korea. yesterday, Mr. Speaker. We just must I live on a farm. I cannot even get a An EMP attack is one of only a few start today. drink of water without electricity, be- ways that America could be essentially U.S. strategy to address the EMP cause the pump in my well that sup- defeated by our enemies, terrorists or threat should balance prevention, prep- plies my water has to have electricity. otherwise. Few if any people would die aration, protection and recovery. We So we are all really dependent on this right away, but the long-term loss of need to be studying all four of these. infrastructure. electricity would essentially bring our Critical military capabilities must be Degradation, and this is really mini- society to a halt. Few can conceive of survivable and endurable to underwrite mized, degradation of the infrastruc- the possibility that terrorists could U.S. strategy. If they can bring down our military, that really puts us at tures could have irreversible effects on bring American society to its knees by risk. the country’s ability to support its knocking out our power supply from The 2006 Defense Authorization Bill population, and then millions could several miles in the atmosphere. But contains a provision extending the die. That is true. this time we have been warned, and we EMP Commission to ensure that their In the final analysis, Mr. Speaker, better be prepared to respond. We real- recommendations will be implemented. the EMP Commission report is really a ly do need to respond. We need to have them around to make good news story. So far what we have Here is another statement from sure that we are following through on been talking about does not really Major Franz Gayl. their recommendations. Terrorists are sound like good news, does it? It The impact that EMP is asymmetric looking for vulnerabilities to attack, sounds like the worst of all news that in relation to our adversaries, now and our civilian infrastructure is par- you could get. But there really is good these are all in the public domain. I ticularly susceptible to this kind of at- news here, and the good news is that want to be very careful, Mr. Speaker, tack. It needs to be hardened. we do not have to be this vulnerable. It that I do not leave the impression that When you have a weak underbelly, is really not all that expensive to pro- I am letting the genie out of the bottle. you are inviting attack there. They are tect our systems against EMP. You Ninety-nine percent of Americans may going to attack at the weakest link, just have to do it. not know about EMP, but I will guar- and our infrastructure complexity is But we have a problem, and that is antee you 100 percent of our adver- certainly our weakest link. The De- the cheapest way to do it is when you saries know about EMP. And we need partment of Homeland Security needs are making them, if you design it in. to know about EMP, because to be to identify critical infrastructures. Then it may cost as little as 1 percent forewarned is to be forearmed, and we What do we need to protect first? more. For really sophisticated elec- need to do something about that. Then we need to have a plan for what tronic stuff, probably not more than 10 The impact that EMP is asymmetric would we do if we had the EMP attack percent more. But if you are trying to in relation to our adversaries, the less tomorrow, the day after tomorrow, the add it after it is built, then it can cost developed societies in North Korea, next year, 5 years from now. How far you as much as the device itself, which Iran and other potential EMP attack along would we be in protecting our- means that we need to start, you can perpetrators are less electronically de- selves? But we need to have a plan for only do what you can do, and we need pendent and less specialized, while what we would do in the event that to start in our national infrastructure more capable of continued that happens. by deciding what is most essential to functionality in the absence of modern The Department of Homeland Secu- protect and then expeditiously pro- conveniences. rity also needs to develop a plan, I real- tecting that as fast as we can. I do not know that outside of ly want to emphasize this, Mr. Speak- Every new water system we put in, Pyongyang that many people in North er, to help citizens deal with such an every new sewage system we put in, Korea would even know if electricity attack should it occur. Each of us as every new power line we run, every new went out. I am not sure they depend individuals, each of us as families, each distribution system we put in needs to much on electricity. of us as a church group, each of us as be hardened. It is not all that expen- Conversely, the United States would a community, needs to have plans for sive to do. You just need to do it. be subject to widespread paralysis and what we would do in the event of an Now we have hardened in the mili- doubtful recovery following a surprise EMP attack. We need to know what we tary our command and control. We are EMP attack. Therefore, terrorists and need to do to prepare so that we are pretty sure that we can talk to each their coincidentally allied state spon- not going to be a liability on the sys- other after an EMP laydown. But that sors may determine that, given just a tem. Our strength as a Nation is going does not give me much solace, Mr. few nuclear weapons and delivery vehi- to be greatly increased if each of us as Speaker, because that is the equivalent cles, that subjecting the United States a family, a church group, a commu- of me having my brain and spinal cord to a potentially non-attributable EMP nity, is prepared so that we will be less

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12053 susceptible to the loss of these infra- kets and raise living standards, not has not taken or is not taking steps to structure supports. promote a race to the bottom. afford internationally recognized work- Mr. Speaker, this is really a good An essential part of this leveling up er rights to workers in that country in- news story. We know about this prob- is the ability of workers in developing cluding any designated zone in that lem. It has not happened yet. We have nations to have the freedom to join to- country.’’ a great study with great detailed rec- gether, to have a real voice at work, so So CAFTA is a step backward from ommendations of what we need to be they can move up the economic ladder. these standards. The provisions in doing. The good news is that if we do This is not true in Central America CAFTA on worker rights as currently these things we will have reduced our where recent State Department and negotiated are substantially weaker vulnerability and we will have now International Labor Organization re- than current U.S. law and would re- taken from the enemy an enormous ports confirm that the basic legal place that current law. I will give you strategic capability that they now framework is not in place to protect an example. In Guatemala over 900 Del have because we are such a sophisti- the rights of workers and enforcement Monte banana workers were fired in cated society, depend so much on our of these defective laws is woefully in- 1990 for protesting labor conditions. A infrastructure, and if they can bring adequate. Regretfully, CAFTA as nego- GSP petition led USTR for the first down an infrastructure they can bring tiated preserves the status quo or time ever to self-initiate a worker us down. worse, because it says to these coun- rights review for Guatemala in October We have a mighty Army. It will not tries ‘‘enforce your own laws’’ when it 2000. Guatemala subsequently passed be much good if the folks back home do comes to internationally recognized labor reforms in April 2001 which in- not have anything to eat. labor standards. cluded granting farm workers new Mr. Speaker, to be forewarned is to The Latin American region possesses rights to strike. be forearmed. I am sure Americans will the worst income inequality in the In preparation for CAFTA, however, respond to this challenge. And chal- world. And four of the Central Amer- Guatemala’s constitutional courts lenges are really exhilarating. You feel ican nations rank among the top 10 in struck down key parts of the 2001 labor really good at night if you have met a Latin America with the most serious reforms. In August of 2004, the court re- challenge and you have had some suc- imbalances. Poverty is rampant in scinded the authority of the ministry cesses in meeting that challenge. these countries. The middle class is of labor of that country to impose fines Mr. Speaker, I think we have a bright dramatically weak, as has been true in for labor rights violation, a key ele- future ahead, and it is going to be even the persons of other nations including ment of the 2001 agreement. Under brighter if we respond appropriately to our own. This will not change unless CAFTA, the U.S. would have no re- the warnings that are here. workers can climb up the ladder and course to challenge that development. f help develop a vibrant middle class. Now, let me go on, if I might, to a A huge percentage of workers in this next point and that relates to the ex- PROBLEMS WITH CAFTA region are not actively benefiting from amples of Morocco and Chile and The SPEAKER pro tempore (Mr. globalization because the current laws Singapore because those agreements MACK). Under the Speaker’s announced in these nations do not adequately are often used as examples as to why policy of January 4, 2005, the gen- allow them to participate fully in the we should vote for CAFTA. I supported tleman from Michigan (Mr. LEVIN) is workplace. The suppression of workers the agreements with Chile, with Mo- recognized for 60 minutes as the des- in the workplace also inhibits the steps rocco, and with Singapore. The situa- ignee of the minority leader. necessary to promote democracy in so- tions in each of those countries was Mr. LEVIN. The Dominican Republic- ciety at large. The core labor and envi- very different from Central American Central America Free Trade Agree- ronmental provision in CAFTA that countries. ment presents an important crossroads each country must merely enforce its Chile has the international labor for trade policy. It involves issues own law is a double standard. This standards incorporated in their laws broader than those, for example, relat- standard is not used anywhere else in and they enforce them. There is a vi- ing to sugar or textiles; and indeed, as CAFTA, whether as to intellectual brant labor movement and an active President Bush said recently, it in- property, tariff levels, or subsidies. middle class. The same is essentially volves issues beyond trade, including ‘‘Enforce your own laws’’ is a ticket true in Singapore, anti-labor move- ramifications for the future path of de- to a race to the bottom. Such an ap- ments, workers have their right to as- mocracy. proach is harmful all around for the in- sociate if they want to organize, to ability of workers to earn enough, for form unions; and they have a tradition b 1730 we in the middle class so badly lacking of a labor movement in Singapore. It is an important test for in and needed by Central American Morocco, the question is asked, well, globalization. What has been unfolding countries, for American workers who I voted for Morocco, why not CAFTA? in Latin America, including Central resist competition based on suppres- And the answer is there are vast dif- America, is that substantial portions sion of workers in other countries and ferences between the situations. Mo- of the citizenry are not benefiting from for our companies and our workers who rocco took steps in the last years be- globalization. They have increasingly need middle classes in other countries fore the free trade agreement with responded with votes at the ballot box to purchase the goods and services that them to truly, truly reorganize their or in the street. Doing so they have we produce. labor laws. Also, Morocco has a tradi- raised sharply an underlying issue and CAFTA is a step backwards also from tion of a vibrant labor movement in that is whether the terms of expanded present trade agreements. The Carib- the private sector as well as the public trade need to be shaped to spread the bean Basin Initiative Standard states sector. So Central America is very dif- benefits or simply to assume the trade in determining whether to designate ferent. expansion by itself will adequately any country a benefit country under We voted, many of us on the Demo- work that out. CPI, the President shall take into ac- cratic side, for Morocco, Chile and It is for these reasons, not more nar- count ‘‘whether or not such country Singapore; we believe in expanded row interests, why the issue of core has taken or is taking steps to afford trade as long as the terms of those of labor standards in CAFTA is important workers in that country, including any that trade agreement and of those for Central America and for the United designated zone in that country, inter- trade agreements are shaped to spread States of America. The way it is han- nationally recognized rights.’’ the benefits across the population. dled in CAFTA undermines the chance The GSP, Generalized System of Let me say a word about Central that the benefits of expanded trade will Preference, standard is this: the Presi- American countries and the defi- be broadly shared. The goal of dent shall designate a country, a GSP ciencies in their laws, because much globalization must be to expand mar- beneficiary country if ‘‘such country has been said of this and much was said

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12054 CONGRESSIONAL RECORD—HOUSE June 9, 2005 today by our new USTR, a former col- somebody raises their voice too often, apparel from China with the end of the league, Rob Portman. Look, USTR has they are fired. quotas. In order to have an effective tried to gloss over what the ILO says. Now, let me just say a word about an- trade policy, vis-a-vis, China, in the ap- They have tried to gloss over what is in other argument that is used and that parel and textile areas, we have to do the State Department reports them- is, well, the problem is enforcement the following. selves. But any objective look confirms and the United States is going to help Number one, we have to actively use that those reports say that the laws of the nations of Central America with remedies that were written into the those countries in terms of the basic their enforcement. We are going to pro- agreement with China in its accession international standards are defective. vide monies so that there is a stronger to the WTO. We worked hard to get And this was spelled out in a letter department of labor, et cetera, et those provisions into the WTO China that was sent by us on April 4 by the cetera. accession agreement, and the adminis- gentleman from New York (Mr. RAN- Well, today, Rob Portman, our am- tration has hesitated to use them effec- GEL), the gentleman from Maryland bassador, outlined a number of pro- tively. They did not effectively antici- (Mr. CARDIN), the gentleman from Cali- posals for more funding to help CAFTA pate this problem, and when the prob- fornia (Mr. BECERRA), and myself to countries in technical assistance to lem really sprouted, their response ini- the acting trade representative, Peter strengthen enforcement of labor laws. tially was very weak. Allgeier. He said the problem is not labor laws; Second point regarding this: We do Mr. Speaker, this letter will be it is enforcement. The correct analysis need to have and take steps to bring placed in the RECORD at the end of my is there is a deep problem in their laws about a strong Caribbean apparel and remarks. and a severe problem with the enforce- textile structure, Caribbean including What the reports show is exemplified ment of flawed laws. But when you the United States. To do that, one of in a fairly recent case, and I will refer look at what was urged today by Mr. the steps that is necessary is to have to it briefly. It relates to port workers Portman, and I do not question his compliance with international core in El Salvador. In that case they tried good faith about it, but I do question labor standards. That would be a to organize, they tried to be represent- the credibility of it because it is the source of strength, not of weakness. It ative, they tried to bring about demo- record, not the rhetoric, that really would be trying to compete and com- cratic rights within the workplace. matters. And the record of this admin- pete effectively, rather than trying to Thirty-four of the workers were fired istration in providing technical assist- compete with China as to who can last December when they were trying ance for the strengthening of labor most suppress worker rights. to form a union. And not only did the unions in other countries is miserable. In that regard, I do think we ought to This year, I just give a few examples, law not require their reinstatement, look at what is sometimes pointed to, this year President Bush proposed crip- but only severance pay, which is a and that is, the Clinton legacy because pling cuts to the budget for the Inter- cheap bargain for an employer who I have read some articles that have national Labor Affairs Bureau known wants to violate rights. said that those of us who have raised as ILAB. He proposed cutting funding But a month later, the labor min- this set of issues about globalization, by 87 percent from $94 million to $12 istry denied the labor union’s registra- who have raised this set of issues about million. tion petition since now there were only shaping trade policy and have applied seven workers left. Others had been b 1745 it to this critical step, vis-a-vis, fired. El Salvador law requires at least According to the President, the 2006 CAFTA, that those of us who are doing 35 members to form a labor organiza- budget, he quotes, ‘‘returns the agency that are taking a step backwards from tion, a provision that itself has been to its original mission of research, where the Clinton administration was. criticized by the International Labor analysis and advocacy.’’ Well, what The contrary is true. The contrary is Organization. that means is there is not any empha- really what this is all about. I just ask everybody to read the let- sis on technical assistance. For example, Jordan. Today, Ambas- ter that we sent to Mr. Allgeier and the Also, the President’s five budget re- sador Portman, and I am glad to call attached analysis of laws from the ILO quests in previous years proposed fund- him ambassador now, he was a col- reports and State Department reports. ing cuts for ILAB of more than 50 per- league, said that the Jordan agreement President Bush has correctly talked cent. is not as strong as CAFTA when it about freedom and democracy. He has So I do not believe that the answer is comes to core labor standards. That said that everywhere. But what this simply more money going to agencies simply is an incorrect analysis of Jor- CAFTA does is to sanction the status in other countries. I think the laws dan. Jordan has a clear reference to the quo where there is no democracy in the have to be in order. The regulations core standards: child labor, forced workplace. must not strangle efforts of people to labor, anti-discrimination and the President Bush last month urged a assert their freedom in the labor mar- right of workers to associate and to vote for CAFTA because it would bring ket, but I do think better enforcement bargain collectively. It has references ‘‘stability and security’’ to the region. would be useful of good laws. The to those five core labor standards in I think the opposite is true. If work- record of the administration in terms the Jordan agreement, number one. ers are suppressed, it is a step towards of technical assistance is terribly Number two, Jordan has a provision insecurity and towards instability. weak, in fact. to make sure that Jordan cannot slip Labor market freedom is a source of se- Now, let me discuss another issue backwards, cannot move away from curity, undercutting insecurity. What that has come up when we discuss that standard. That is not true in is a threat, what is a real threat to un- CAFTA. Increasingly, this administra- CAFTA. Enforce your own laws, it can democratic forces, those who do not be- tion has used our trade challenges from be present laws or revised laws that are lieve in them, is democracy in the China as a reason to vote for CAFTA. even worse. workplace. This is happening more and more. It is Thirdly, as to enforcement, it is not The President likes to quote the not credible. It is at best boot strap. at all correct to say that the provisions writings of Natan Sharansky, who has Look, we have to shape trade policy so in CAFTA, that those provisions are been minister in Israel until recently. that there can be effective competition nearly as strong as was negotiated Natan Sharansky says that a test of with China, that is for sure. That re- with Jordan. Essentially the Jordan democracy is whether somebody can lates to currency, and we just a short FTA, the U.S.-Jordan FTA said that arise in the town square and speak his time ago had, I think, a rather ineffec- each country could take the necessary or her mind without punishment. If tive meeting with the administration steps to enforce the obligations of the you use that test to the workplace, on the currency issue. other, and it is true the Bush adminis- most places in Central America, the It also includes trade in apparel and tration later entered a letter, a side answer is there is no democracy. If textiles. We have seen a major influx of letter, that put some brakes on the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12055 ability of the Bush administration to important step towards reestablishing HOUSE OF REPRESENTATIVES, implement the Jordan agreement, but a bipartisan foundation for trade. That COMMITTEE ON WAYS AND MEANS, that is not what was negotiated. bipartisan foundation has been eroded Washington, DC, April 4, 2005. What President Clinton did increas- under this administration, and it is Hon. PETER ALLGEIER, that bipartisan foundation that needs Acting U.S. Trade Representative, ingly in his later years was to say to Washington, DC. the world, I favor expanded trade, I be- to be reestablished because it is so crit- DEAR AMBASSADOR ALLGEIER: In recent lieve in it, it has to be done in ways ical for tackling tough trade issues weeks, advocates for the Central American that shape so that there is a leveling ahead, for example, in the Doha Round. Free Trade Agreement (CAFTA) have made up and not down. That is language that We cannot tackle these tough issues of assertions that the CAFTA countries’ laws he used in his speeches. He referred to agriculture, various parts of agri- comply with basic, internationally-recog- them at the University of Chicago culture, or of services, including finan- nized rules that ensure common decency and speech, and that was the flavor of his cial services, we cannot tackle them, fairness to working people. These advocates nontariff barriers, unless there is a argue that the only outstanding issue con- speech at Davos. I was there when he cerning the rights of workers in the CAFTA gave the speech. He spent half of his solid, nonpartisan, bipartisan founda- countries is a lack of adequate enforcement time talking about the benefits of ex- tion. We cannot do it by trying to of existing labor laws. panded trade. He also spent the second squeeze out a one vote majority. Unfortunately, CAFTA advocates’ rhetoric half saying if those benefits were going Security, economic and political, is is not supported by the facts. There are still to be real and move globalization best achieved in the region of Central no fewer than 20 areas in which the CAFTA ahead, there needed to be, he said, a America. By closing the dangerous gap countries’ labor laws fail to comply with leveling up and not a leveling down. between rich and poor, by development even the most basic international norms, as When people say we cannot impose of a real middle class and a larger mid- documented by the International Labor Or- ganization (ILO), the U.S. Department of standards on other countries, and that dle class and by expansion of freedom operating in the workplace and spread- State and multiple non-governmental orga- was said I think it was yesterday or nizations. maybe earlier today by the chairman ing throughout the society, it did, by More than a year ago, in November 2003, a of our committee, I do not understand the way, not only in our country in Po- number of us wrote to you outlining these that. Trade agreements, like any other land and so many other places. problems in detail. We had hoped that doing contract, involve imposition. We are I want to close by emphasizing what so might lead to actions to remedy those going to have to change laws as a re- is at stake, that this security, eco- problems, or at least to a constructive dia- sult of trade agreements. That was nomic and political, is in the self-inter- logue about them. However, the Members who signed that letter have yet to receive true under the Uruguay Round agree- est of our country, of our businesses and of our workers. We need to address any response to the list of problems docu- ments. It is true of tariffs. We are mented in that letter—either from your of- going to have to change our laws re- this issue of core labor standards, not only for the benefit of the workers in fice or from the countries concerned. In fact, garding tariffs. the labor laws in at least one of the CAFTA Now we are not talking about impos- the other countries, of the development countries have been weakened in recent ing American standards in CAFTA. of a so badly needed middle class in months. What we are talking about is placing those countries, but also because our In light of the fact that Congress may soon internationally recognized standards in workers increasingly refuse to compete be considering the CAFTA, it is important to with countries where the workers are move beyond rhetoric to the facts. We urge the declaration of the ILO that every suppressed. That is eroding the support you to provide documented information con- country involved here, Dominican Re- for international trade in this country, cerning any amendments CAFTA countries public, Central American, U.S., has en- and we need to reaffirm its importance have made to their laws to address the short- dorsed putting them into the agree- by reaffirming some basic principles. comings noted in the attached list. Those ment, in the body of the agreement shortcomings cannot be overcome with bet- That is going to be good, as I said, for enforceably with reasonable transition. ter enforcement efforts. Even the best en- our country, for our businesses, and for That is important. forcement of inadequate laws—whether re- our workers. lating to intellectual property, services reg- So let it be clear, the opposition to I am not sure of the timetable for CAFTA, as negotiated, is not being led ulation or technical standards for manufac- CAFTA. What I am sure is as of today, tured products—cannot yield acceptable re- by those the administration likes to it would not pass. There may be an ef- sults. dismiss as in ‘‘protectionists’’ or ‘‘iso- fort to try to make it pass by all kinds We support the right CAFTA for the Cen- lationists.’’ Those shoes do not fit. The of deals, which those of us who favor tral American countries and the Dominican opposition leadership involves those of expanded trade would never agree to. It Republic, just as we have strongly supported the Caribbean Basin Initiative (CBI) pro- us who have favored expanded trade may be endeavored to pass through and have helped to shape and pass grams. These programs have done much to some kinds of deals unrelated to trade, strengthen economic ties with our friends trade agreements in the last decade. offering this and that, unrelated again For us, CAFTA is an important line and neighbors in Central America and the to trade. That would be a terrible mis- Caribbean in ways that benefit both the in the sand, affecting the future effec- take. United States and the region. tiveness of globalization. If the U.S. We have an opportunity here to re- However, the CBI programs were built on does not seize the opportunity to shape configure CAFTA in a way that would the dual pillars of expanded economic oppor- the rule of trade and competition in bring about strong bipartisan support tunity and a strong framework for trade. In CAFTA, it will have chosen simply to and be a foundation for the develop- particular, the programs were expressly con- be on the receiving end of the con- ment of stable relationships within ditioned on the countries making progress in achieving basic labor standards. By contrast, sequences, both positive and negative Central America and the Dominican of globalization. the CAFTA moves backward by not includ- Republic and between them and our- ing even these minimum standards, and I favor a CAFTA but not this agree- selves. using instead a standard for each country of ment as it stands, and we can quickly Also, as I said, we would be able to ‘‘enforce your own laws.’’ Ensuring that the fix this agreement by renegotiating reestablish the bipartisan foundation CAFTA countries both adopt and effectively CAFTA to include internationally rec- that once prevailed for international maintain in their laws the most basic stand- ognized labor standards, with enforce- trade in this institution. Without it, ards of decency and fairness to working peo- ment in a reasonable transition. In CAFTA, in my judgment, should not ple is important to their workers, their soci- doing so, we would advance the inter- and cannot pass, and there is likely eties, and to U.S. workers. It also is critical ests of U.S. businesses and workers and trouble in tackling the other issues to ensuring strong and sustainable economic growth and promoting increased standards of expand the benefits of globalization be- that need to be addressed boldly, hon- living. yond the status quo and any privileged estly and effectively. We welcome and support all efforts to im- minority in any of these countries. The material I referred to previously prove the capacity of Central American We would take also an important I will insert into the RECORD at this countries to improve the enforcement of step, and I want to emphasize this, an point. their labor laws. In fact, for the last four

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12056 CONGRESSIONAL RECORD—HOUSE June 9, 2005 years, we have fought for better funding of ments set out by the legislator [sic] for a Rights Practices: ‘‘An ineffective legal sys- such programs and against massive Adminis- strike to be legal . . . include the require- tem and inadequate penalties for violations tration budget cuts for labor technical as- ment that at least 60 per cent of the workers hindered enforcement of the right to form sistance programs—many of these programs in the enterprise support strike action. The unions and participate in trade union activi- eroded-out or slashed by up to 90 percent in CEACR has stated that if a member State ties. . . .’’ budgets submitted by the Administration. deems it appropriate to establish in its legis- This deficiency was confirmed in the Octo- The Administration’s track record gives us lation provisions for the requirement of a ber 2003 ILO Report: ‘‘[T]he CEACR hopes little confidence that the one-time grant of vote by workers before a strike can be held, that . . . ‘measures will soon be adopted to $20 million included in the FY05 Foreign Op- ‘it should ensure that account is taken only ensure rapid and effective compliance with erations Appropriations Act for labor and en- of the votes cast, and that the required judicial decisions ordering the reinstatement vironmental technical assistance in the quorum and majority are fixed at a reason- in their jobs of workers dismissed for trade CAFTA countries represents the kind of real able level.’ ’’ union activities and that effective penalties and sustained commitment needed in these (3) Inadequate Protection Against Anti- will be established for failure to comply with areas. Moreover, such efforts on enforcement Union Discrimination. Costa Rica’s laws do such decisions.’ ’’ are no substitute for getting it right on basic not provide for swift action against anti- Note: In August 2004, the Constitutional laws. union discrimination. For example, there is Court of Guatemala issued a ruling rescind- Sincerely, no accelerated judicial review for dismissal ing the authority of the Ministry of Labor to BENJAMIN L. CARDIN, of union leaders. impose fines for labor rights violations. Fol- Ranking Member, Sub- This deficiency was confirmed in the Octo- lowing this decision, it is not clear whether committee on Trade. ber 2003 ILO Report: ‘‘[A]s the CEACR has in- Guatemala’s law permits any fines to be as- XAVIER BECERRA, dicated, legislation needs to be amended ‘to sessed for labor violations. Member. expedite judicial proceedings concerning (2) Restrictive Requirements for Forma- CHARLES B. RANGEL, anti-union discrimination and to ensure that tion of Industrial Unions. Guatemala re- Ranking Member. the decisions thereby are implemented by ef- quires a majority of workers in an industry SANDER M. LEVIN, fective means.’ ’’ to vote in support of the formation of an in- Ranking Member, Sub- EL SALVADOR dustry-wide union for the union to be recog- committee on Social nized. This requirement violates Convention (1) Inadequate Protection Against Anti- Security. 87. Union Discrimination. El Salvador fails to This deficiency was confirmed in the 2004 U.S. STATE DEPARTMENT AND INTERNATIONAL provide adequate protection against anti- U.S. State Department Report on Human LABOR ORGANIZATION REPORTS CONFIRM DE- union discrimination. In particular, El Sal- Rights Practices: The high, industry-wide FICIENCIES IN CAFTA LABOR LAWS vador fails to provide for reinstatement of threshold creates ‘‘a nearly insurmountable workers fired because of anti-union discrimi- The 2004 U.S. State Department Country barrier to the formation of new industry- nation, which violates ILO Convention 98. Reports on Human Rights Practices, the Oc- wide unions.’’ There also are widespread reports of black- tober 2003 ILO Fundamental Principles and (3) Onerous Requirements to Strike. Gua- listing in export processing zones of workers Rights at Work: A Labor Law Study (‘‘the temalan law includes a number of provisions who join unions. Salvadoran law does not Report’’), and other ILO reports released in that interfere with the right to strike. The prohibit blacklisting, as it bars only anti- recent years confirm the existence of at least Guatemalan Labor Code mandates that union discrimination against employees, not 20 areas in which the labor laws in the unions obtain permission from a labor court job applicants. CAFTA countries fail to comply with two of to strike, even where workers have voted in The 2004 U.S. State Department Report on the most basic international norms of com- favor of striking, In addition, the Labor Code mon decency and fairness to working peo- Human Rights Practices confirms this defi- requires a majority of a firm’s workers to ple—the rights of association (ILO Conven- ciency: ‘‘The Labor Code does not require vote in favor of the strike. These laws vio- tion 87) and to organize and bargain collec- that employers reinstate illegally dismissed late Convention 87. tively (ILO Convention 98). workers.... Workers and the ILO reported This deficiency was confirmed in the 2004 Each of these deficiencies, discussed in de- instances of employers using illegal pressure U.S. State Department Report on Human tail below, was identified in a letter sent in to discourage organizing, including the dis- Rights Practices: Noting that ‘‘procedural November 2003, from Reps. Rangel, Levin and missal of labor activists and the circulation hurdles’’ helped to make legal strikes rare, Becerra to then U.S. Trade Representative of lists of workers who would not be hired the Report states, ‘‘The Labor Code requires Zoellick. Neither USTR nor the governments because they had belonged to Unions.’’ approval by simple majority of a firm’s of the Central American countries have pro- (2) Restrictive Requirements for Forma- workers to call a legal strike. The Labor vided information responding to these incon- tion of Industrial Unions. El Salvador has re- Code requires that a labor court consider sistencies. peatedly been cited by the U.S. State De- whether workers are conducting themselves COSTA RICA partment and the ILO for using union reg- peacefully and have exhausted available me- istration requirements to impede the forma- Use of Solidarity Associations to Bypass diation before ruling on the legality of a tion of unions. These formalities violate ILO Unions. Costa Rican law allows employers to strike.’’ Convention 87. establish ‘‘solidarity associations’’ and to This deficiency was confirmed in the Octo- The 2004 U.S. State Department Report on bargain directly with such associations, even ber 2003 ILO Report: ‘‘[O]ne of the general re- Human Rights Practices confirms this defi- where a union has been established. The fail- quirements laid down in the legislation . . . ciency: ‘‘[I]n some cases supported by the ure to explicitly prohibit employers from by- is still under criticism by the CEACR: ‘only passing unions in favor of employer-based ILO Committee on Freedom of Association the votes cast should be counted in calcu- groups violates ILO Convention 98. . . . the Government impeded workers from lating the majority and . . . the quorum This deficiency was confirmed in the Octo- exercising their right of association.... should be set at a reasonable level.’ ’’ ber 2003 ILO Report: ‘‘[T]he report of the [T]he government and judges continued to (4) Ambiguity in Certain Criminal Pen- technical assistance mission . . . drew atten- use excessive formalities as a justification to alties. Guatemala’s Penal Code provides for tion to the great imbalance in the private deny applications for legal standing to criminal penalties against anyone who dis- sector between the number of collective unions and federations.’’ rupts the operation of enterprises that con- agreements and the number of direct pacts A 1999 Report by the ILO Committee on tribute to the economic development of the . . . the CEACR recalled that direct negotia- Freedom of Association confirms this defi- country. Whether and how these penalties tion between employers and workers’ rep- ciency: The Committee observes that ‘‘legis- apply to workers engaged in a lawful strike resentatives was envisaged ‘only in the ab- lation imposes a series of excessive formali- is unclear, and this ambiguity has deterred sence of trade union organizations.’ ’’ ties for the recognition of a trade union and workers from exercising their right to (2) Onerous Strike Requirements. Costa the acquisition of legal personality that are strike. The CEACR has stated that applica- Rican law includes a number of onerous pro- contrary to the principle of the free estab- tion of these penalties to a worker who en- cedural requirements for a strike to be lishment of trade union organizations . . .’’ called. These requirements contravene ILO gaged in a lawful strike would violate ILO GUATEMALA guidelines for regulation of strikes, and Conventions 87 and 98. taken as a whole, make it nearly impossible (1) Inadequate Protection Against Anti- This deficiency was confirmed in the Octo- for a strike to be called. For example, Costa Union Discrimination. Guatemala’s laws do ber 2003 ILO Report: ‘‘The CEACR has drawn Rica requires that 60% of all workers in a fa- not adequately deter anti-union discrimina- the attention of the Government to the fact cility vote in favor of a strike in order for it tion. The failure to provide adequate protec- that certain provisions of the Penal Code are to be legal. These requirements violate ILO tion from anti-union discrimination violates not compatible with ILO Conventions . . . Convention 87. Convention 98. noting that . . . sentences of imprisonment This deficiency was confirmed in the Octo- This deficiency was confirmed in the 2004 can be imposed as a punishment . . . for par- ber 2003 ILO Report: ‘‘The general require- U.S. State Department Report on Human ticipation in a strike.’’

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12057 (5) Restrictions on Union Leadership. Gua- not providing adequate sanctions for anti- compensation according to the length of temala maintains a number of restrictions union discrimination. For example, under service.’’ with respect to union leadership including: the law, only a very small fine equivalent to (2) Use of Solidarity Associations to By- (1) restricting leadership positions to Guate- approximately US$12–$600 can be assessed pass Unions. Nicaragua allows employers to malan nationals; and (2) requiring that union against employers for interfering with the create ‘‘solidarity associations’’ but does not leaders be currently employed in the occupa- right of association. This Honduran law vio- specify how those associations relate to tion represented by the union. These restric- lates ILO Convention 98. unions. The failure to include protections tions violate Convention 87. This deficiency was confirmed by a 2004 Re- against employers using solidarity associa- This deficiency was confirmed in the Octo- port of the ILO Committee of Experts on the tions to interfere with union activities vio- ber 2003 ILO Report: ‘‘Both the Constitution Application of Conventions and Rec- lates ILO Convention 98. and the Labour Code prohibit foreign nation- ommendations (CEACR): ‘‘The penalties en- This deficiency was confirmed in the 2004 als from holding office in a trade union. . . . visaged . . . against persons impairing the U.S. State Department Report on Human The Labour Code requires officials to be right to freedom of association (from 200 to Rights Practices: ‘‘The Labor Code recog- workers in the enterprise. . . . These restric- 2,000 lempiras, with 200 lempiras being equiv- nizes cooperatives into which many trans- tions have given rise to observations by the alent to around $12) had been deemed inad- portation and agricultural workers are orga- CEACR.’’ equate by one worker’s confederation. . . . nized. Representatives of most organized HONDURAS The Committee once again hopes that [legis- labor groups criticized these cooperatives (1) Burdensome Requirements for Union lation will be prepared] providing for suffi- and assert that they do not permit strikes, Recognition. Honduran law requires more ciently effective and dissuasive sanctions have inadequate grievance procedures, are than 30 workers to form a trade union. This against all acts of anti-union discrimina- meant to displace genuine, independent numerical requirement acts as a bar to the tion.’’ trade unions and are dominated by employ- (5) Few Protections Against Employer In- establishment of unions in small firms, and ers.’’ terference in Union Activities. Honduras pro- violates ILO Convention 87. (3) Procedural Impediments to Calling a This deficiency was confirmed in the 2004 hibits employers or employees with ties to Strike. Nicaragua maintains a number of re- U.S. State Department Report on Human management from joining a union; it does strictive procedural requirements for calling Rights Practices: ‘‘The [ILO] has noted that not, however, prohibit employers from inter- strikes. (According to the 2002 U.S. State De- various provisions in the labor law restrict fering in union activities through financial partment Human Rights Report, the Nica- freedom of association, including . . . the re- or other means. The failure to preclude em- raguan Labor Ministry asserts that it would quirement of more than 30 workers to con- ployer involvement violates ILO Convention take approximately 6 months for a union to stitute a trade union. . . .’’ 98 on the right to organize and bargain col- go through the entire process to be per- This deficiency was confirmed in the Octo- lectively. mitted to have a legal strike.) Since all legal ber 2003 ILO Report: ‘‘[T]he requirement to This deficiency was confirmed in a 2004 Re- protections may be withdrawn in the case of have more than 30 workers to constitute a port of the ILO CEACR: ‘‘[T]he Convention an illegal strike, the practical outcome is trade union . . . has prompted the CEACR to provides for broader protection for workers’ that workers who strike often lose their comment that this number is ‘not conducive . . . organizations against any acts of inter- jobs, thus undermining the right to strike to the formation of trade unions in small, ference . . . in particular, acts which are de- protected by Convention 87. and medium size enterprises.’ ’’ signed to promote the establishment of This deficiency was confirmed in the 2004 (2) Limitations on the Number of Unions. workers’ organizations under the domination U.S. State Department Report on Human Honduran law prohibits the formation of of employers or employers’ organizations, or Rights Practices: ‘‘Observers contend that more than one trade union in a single enter- to support workers’ organizations by finan- the [process for calling a strike] is inappro- prise. This restriction violates ILO Conven- cial or other means, with the object of plac- priately lengthy and so complex that there tion 87 on the right of workers to join or es- ing such organizations under the control of have been few legal strikes since the 1996 tablish organizations of their own choosing, employers or employers’ organizations. In Labor Code came into effect . . .’’ this respect, the Committee once again and fosters the creation of monopoly unions. LEAVE OF ABSENCE This deficiency was confirmed in the 2004 hopes that [labor law reform will include provisions] designed to . . . afford full and By unanimous consent, leave of ab- U.S. State Department Report on Human sence was granted to: Rights Practices: ‘‘The [ILO] has noted that adequate protection against any acts of in- various provisions in the labor law restrict terference, as well as sufficiently effective Mr. HOBSON (at the request of Mr. freedom of association, including the prohi- and dissuasive sanctions against such acts.’’ DELAY) for today on account of trav- bition of more than 1 trade union in a single (6) Restrictions on Federations. Honduras eling with the President in Ohio. enterprise. . . .’’ prohibits federations from calling strikes. Mr. LAHOOD (at the request of Mr. The CEACR has criticized this prohibition, This deficiency was confirmed in the Octo- DELAY) for today on account of attend- which contravenes the right to organize. ber 2003 ILO Report: ‘‘Such a provision, in ing a funeral in Chicago. the view of the CEACR, is contrary to Arti- This deficiency was confirmed in the Octo- cle 2 of Convention No. 87, since the law ber 2003 ILO Report: ‘‘Federations and con- f federations do not have a recognized right to should not institutionalize a de facto monop- SPECIAL ORDERS GRANTED oly. . . .’’ strike . . . which has prompted the CEACR (3) Restrictions on Union Leadership. Hon- to recall that such provisions are contrary to By unanimous consent, permission to duras requires that union leaders be Hon- Articles 3, 5 and 6 of Convention No. 87 . . .’’ address the House, following the legis- duran nationals, and be employed in the oc- (7) Onerous Strike Requirements. Hon- duras requires that two-thirds of union mem- lative program and any special orders cupation that the union represents. These re- heretofore entered, was granted to: strictions violate ILO Convention 87. bers must support a strike for it to be legal. This deficiency was confirmed in the 2004 This requirement violates ILO Convention (The following Members (at the re- U.S. State Department Report on Human 87. quest of Mr. UDALL of New Mexico) to Rights Practices: ‘‘The [ILO) has noted that This deficiency was confirmed in the Octo- revise and extend their remarks and in- various provisions in the labor law restrict ber 2003 ILO Report: ‘‘[T]he CEACR has re- clude extraneous material:) called that restrictions on the right to strike freedom of association, including . . . the Mr. GEORGE MILLER of California, for prohibition on foreign nationals holding should not be such as to make it impossible to call a strike in practice, and that a simple 5 minutes, today. union office, the requirement that union of- Ms. WOOLSEY, for 5 minutes, today. ficials must be employed in the economic ac- majority of voters calculated on the basis of Mr. SCHIFF, for 5 minutes, today. tivity of the business the union represents. the workers present at the assembly should . . .’’ be sufficient to be able to call a strike.’’ Mr. BROWN of Ohio, for 5 minutes, This deficiency was confirmed in the Octo- NICARAGUA today. ber 2003 ILO Report: ‘‘The Labour Code pro- (1) Inadequate Protection Against Anti- Mr. EMANUEL, for 5 minutes, today. hibits foreign nationals from holding trade Union Discrimination. Nicaragua’s laws per- Mr. DEFAZIO, for 5 minutes, today. union offices and requires officials to be en- mit employers to fire employees who are at- Mr. PALLONE, for 5 minutes, today. gaged in the activity, profession or trade tempting to organize a union as long as they Ms. BORDALLO, for 5 minutes, today. characteristic of the trade union. . . . The provide double the normal severance pay. Mr. UDALL of New Mexico, for 5 min- CEACR has objected to these provisions, This allowance violates ILO Convention 98. utes, today. which it deems incompatible with Article 3 This deficiency was confirmed in the Octo- of Convention No. 87. . . .’’ ber 2003 ILO Report: The Annex to the Re- (The following Members (at the re- (4) Inadequate Protection Against Anti- port states that the Labor Code provides quest of Mr. MCCOTTER) to revise and Union Discrimination. The ILO CEACR has that ‘‘if the employer does not carry out re- extend their remarks and include ex- faulted Honduras for a number of years for instatement, he/she shall pay double the traneous material:)

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12058 CONGRESSIONAL RECORD—HOUSE June 9, 2005

Mr. GUTKNECHT, for 5 minutes, June ADJOURNMENT order, the House adjourned until Mon- 13, 14, 15, and 16. Mr. LEVIN. Mr. Speaker, I move that day, June 13, 2005, at 12:30 p.m., for Mr. MCCAUL of Texas, for 5 minutes, morning hour debates. today. the House do now adjourn. Mr. FOSSELLA, for 5 minutes, today. The motion was agreed to; accord- Mr. OSBORNE, for 5 minutes, Juneh 13. ingly (at 6 p.m.), under its previous EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the first quarter of 2004 and the first quarter of 2005, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. PATRICK CREAMER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 30 AND APR. 2, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Patrick Creamer ...... 3/30 3/30 Jordan ...... 139.50 197.00 ...... (3) ...... 139.50 197.00 3/31 3/31 Ethiopia ...... 136.00 ...... (3) ...... 136.00 3/31 4/1 Uganda ...... 157.00 ...... (3) ...... 157.00 4 /1 4 /1 Tanzania ...... (3) ...... 4 /2 4 /2 Turkey ...... 111.00 ...... (3) ...... 111.00 Committee total ...... 139.50 601.00 ...... 601.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PATRICK CREAMER, May 12, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. FRED L. TURNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Fred L. Turner ...... 4/16 4/19 Denmark ...... 3,573.75 615.00 ...... 3,573.75 615.00 Committee total ...... 3,573.75 615.00 ...... 3,573.75 615.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FRED L. TURNER, May 18, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. ALAN TENNILLE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 22 AND APR. 26, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Alan Tennille ...... 4/22 4/24 Colombia ...... 568.00 ...... 568.00 4/24 4/26 Costa Rica ...... 438.00 ...... (3) ...... 438.00 Committee total ...... 1,006.00 ...... 1,006.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. ALAN TENNILLE, May 13, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. DARIN GARDNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 7 AND MAY 12, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Darin Gardner ...... 5/7 5 /12 Jordan ...... 295.00 ...... (3) ...... 1,180.00 Committee total ...... 295.00 ...... 1,180.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. KAY GRANGER, Chairman, May 19, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. ALCEE L. HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Alcee L. Hastings ...... 4/16 4/19 Denmark ...... 3,573.75 615.00 ...... 3,573.75 615.00

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 8634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12059 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. ALCEE L. HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2005—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Committee total ...... 3,573.75 615.00 ...... 3,573.75 615.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALCEE L. HASTINGS, Chairman, May 18, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. ALCEE L. HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 10 AND MAY 14, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Alcee L. Hastings ...... 5/10 5/11 Denmark ...... 1,165.50 201.00 ...... 1,165.50 201.00 5/11 5/14 Norway ...... 1,122.00 ...... 1,122.00 Committee total ...... 1,165.50 1,323.00 ...... 1,165.50 1,323.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALCEE L. HASTINGS, Chairman, May 26, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CZECH REPUBLIC AND LITHUANIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 6 AND MAY 8, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jack Kingston ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Clay Shaw ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Spencer Bachus ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Tim Holden ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Bill Shuster ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. David Scott ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Bill Johnso ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Scott Palmer ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Brenda Becker ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Jack Kingston ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Clay Shaw ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Spencer Bachus ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Tim Holden ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Bill Shuster ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. David Scott ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Bill Johnso ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Scott Palmer ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Brenda Becker ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Committee total ...... 5,499.00 ...... 5,499.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JACK KINGSTON, Chairman, May 23, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2004

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. C.L. ‘‘Butch’’ Otter ...... 8/2 8 /4 Venezuela ...... 849.00 ...... 2,046.20 ...... 2,895.20 Committee total ...... 849.00 ...... 2,046.20 ...... 2,895.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOE BARTON, Chairman, May 11, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. John Boehner (3)(4) ...... 11/23 11 /28 Austria, Kosovo and Greece ...... 850.00 ...... 3,845.98 ...... 25,234.64 ...... 29,930.62 Hon. John Carter (5) ...... 1/11 1/18 Iraq and Afghanistan ...... Hon. Bob Inglis (5) ...... 2/24 2/28 Iraq, Kuwait, Jordan, and Germany ...... Hon. Dennis Kucinich (6) ...... 3/17 3/28 Paris, Toulouse, Rome, and Madrid ...... 967.00 ...... 23,153.53 ...... 24,120.53 Hon. Howard ‘‘Buck’’ McKeon (6) ...... 3/18 3/31 China and Hong Kong ...... 4,272.00 ...... 18,481.72 ...... 22,753.72 Hon. Carolyn McCarthy ...... 3 /18 3 /31 China and Hong Kong ...... 4,272.00 ...... 4,272.00 Hon. Ruben Hinojosa ...... 3/18 3/30 Beijing, China ...... 2,528.00 ...... 2,528.00 Hon. Ron Kind ...... 3 /18 3 /30 Beijing, China ...... 2,528.00 ...... 2,528.00 Paula Nowakowski ...... 3 /18 3 /31 China and Hong Kong ...... 4,152.00 ...... 4,152.00

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 8634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12060 CONGRESSIONAL RECORD—HOUSE June 9, 2005 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2005—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Amy Lozupone ...... 3/18 3/31 China and Hong Kong ...... 4,152.00 ...... 4,152.00 George Canty ...... 3/18 3/31 China and Hong Kong ...... 4,152.00 ...... 4,152.00 Committee total ...... 98,588.87 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Previously reported w/o expenditures. 4 Transportation and other purposes are cumulative for entire CODEL. 5 Expenditures not yet available. 6 Other purposes expenditures are cumulative for entire CODEL. JOHN A. BOEHNER, Chairman, Jun. 3, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kathleen Reilly ...... 1/16 1/20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,694.77 ...... 5,098.77 Robert Myhill ...... 1/16 1/20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,694.77 ...... 5,098.77 Marcel Lettre ...... 1 /16 1 /20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,454.27 ...... 4,858.27 Michael Ennis ...... 1 /15 1 /18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Michael Fogarty ...... 1/15 1/18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Christopher Donesa ...... 1/15 1/18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Hon. Rush Holt ...... 2/20 2/21 Europe ...... 353.89 ...... 2/21 2/23 Europe ...... 482.00 ...... Commercial aircraft transportation ...... 3,374.82 ...... 4,210.71 Wyndee Parker ...... 2/19 2/21 Europe ...... 924.00 ...... 2/21 2/23 Europe ...... 482.00 ...... Commercial aircraft transportation ...... 7,071.78 ...... 8,477.78 Hon. Mike Rogers ...... 3/19 3/20 Middle East ...... 178.00 ...... 3/20 3/23 Middle East ...... 626.00 ...... 3/23 3/24 Middle East ...... 508.00 ...... 1,312.00 Kathleen Reilly ...... 3/19 3/20 Middle East ...... 178.00 ...... 3/20 3/23 Middle East ...... 626.00 ...... 3/23 3/24 Middle East ...... 508.00 ...... 1,312.00 Hon. Peter Hoekstra ...... 3 /20 3 /25 Asia ...... 1,624.00 ...... Commercial aircraft transportation ...... 5,578.15 ...... 7,202.15 Mike Meermans ...... 3/20 3/22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 9,430.15 ...... 10,624.15 Michael Ennis ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 6,291.15 ...... 7,485.15 Beth Larson ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/20 3/23 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 5,791.15 ...... 6,985.15 Jeremy Bash ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 6,630.15 ...... 7,824.15 Hon. Robert Cramer ...... 12 /26 1/02 Europe ...... 2,746.00 ...... Commercial aircraft transportation ...... 6,568.56 ...... 9,314.56 Committee total ...... 102,744.19 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h PETER HOEKSTRA, Chairman.

EXECUTIVE COMMUNICATIONS, States [Docket No. 05-009-1] received May 4, U.S.C. 2208; to the Committee on Armed ETC. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. Committee on Agriculture. Under clause 8 of rule XII, executive 2257. A letter from the Principal Deputy 2255. A letter from the Secretary, Depart- Under Secretary for Personnel and Readi- communications were taken from the ment of Agriculture, transmitting a draft ness, Department of Defense, transmitting Speaker’s table and referred as follows: bill ‘‘To amend the United States Grain authorization of Lieutenant General Ronald 2253. A letter from the Chief, Regulatory Standards Act to extend the authority of the Review Group, Department of Agriculture, Secretary of Agriculture to collect fees to E. Keys, United States Air Force, to wear transmitting the Department’s final rule — cover administrative and supervisory costs, the insignia of the grade of general in ac- American Indian Livestock Feed Program, to extend the authorization of appropria- cordance with title 10, United States Code, Livestock Assistance Program (RIN: 0560- tions for such Act, and for other purposes’’; section 777; to the Committee on Armed AH26) received June 3, 2005, pursuant to 5 to the Committee on Agriculture. Services. U.S.C. 801(a)(1)(A); to the Committee on Ag- 2256. A letter from the Acting Comptroller, 2258. A letter from the Principal Deputy riculture. Department of Defense, transmitting written Under Secretary for Personnel and Readi- 2254. A letter from the Congressional Re- notification of advance billing, reasons for ness, Department of Defense, transmitting view Coordinator, APHIS, Department of Ag- the advance billing, an analysis of the effects riculture, transmitting the Department’s of the advance billing on military readiness, authorization of Vice Admiral Gary final rule — Brucellosis in Swine; Add Flor- and an analysis of the effects of the advance Roughead, United States Navy, to wear the ida to List of Validated Brucellosis-Free billing on the customer, pursuant to 10

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—HOUSE 12061 insignia of the grade of admiral in accord- 2268. A letter from the Assistant General ant to 5 U.S.C. 801(a)(1)(A); to the Committee ance with title 10, United States Code, sec- Counsel for Regulations, Department of on Government Reform. tion 777; to the Committee on Armed Serv- Housing and Urban Development, transmit- 2279. A letter from the Acting Director, Of- ices. ting the Department’s final rule — Schedule fice of Personnel Management, transmitting 2259. A letter from the Principal Deputy for Submission of One-Time and Up-Front the Office’s final rule — Employment of Rel- Under Secretary for Personnel and Readi- Mortgage Insurance Premiums [Docket No. atives (RIN: 3206-AK03) received April 26, ness, Department of Defense, transmitting FR-4690-F-02] (RIN: 2502-AH67) received April 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the authorization of Major General Charles E. 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Government Reform. Croom, Jr., United States Air Force, to wear the Committee on Financial Services. 2280. A letter from the Acting Director, Of- the insignia of the grade of lieutenant gen- 2269. A letter from the Director, Office of fice of Personnel Management, transmitting eral in accordance with title 10 United Legislative Affairs, Federal Deposit Insur- the Office’s final rule — Prevailing Rate Sys- States Code, section 777; to the Committee ance Corporation, transmitting the Corpora- tems; Environmental Differential Pay for on Armed Services. tion’s final rule — International Banking Asbestos Exposure (RIN: 3206-AK64) received 2260. A letter from the Principal Deputy (RIN: 3064-AC85) received April 21, 2005, pur- May 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Under Secretary for Personnel and Readi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Government Reform. 2281. A letter from the Deputy Assistant ness, Department of Defense, transmitting mittee on Financial Services. Administrator for Operations, NMFS, Na- authorization of Major General Clyde A. 2270. A letter from the General Counsel, tional Oceanic and Atmospheric Administra- Vaughn, Army National Guard of the United National Credit Union Administration, tion, transmitting the Administration’s final States, to wear the insignia of the grade of transmitting the Administration’s final rule rule — Pacific Halibut Fisheries; Catch Shar- lieutenant general in accordance with title — Loan Interest Rates — received April 25, ing Plan; Fisheries off West Coast States and 10, United States Code, section 777; to the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the in the Western Pacific; Pacific Coast Committee on Armed Services. Committee on Financial Services. Groundfish Fishery; Specifications and Man- 2261. A letter from the Director, Defense 2271. A letter from the General Counsel, agement Measures; Inseason [Docket No. Procurement and Acquisition Policy, De- National Credit Union Administration, 050125016-5097-02; I.D. 011805C] (RIN: 0648- partment of Defense, transmitting the De- transmitting the Administration’s final rule AS61) received May 4, 2005, pursuant to 5 partment’s final rule — Defense Federal Ac- — Conversion of Insured Credit Unions to U.S.C. 801(a)(1)(A); to the Committee on Re- quisition Regulation Supplement; Reporting Mutual Savings Banks — received May 5, sources. Contract Performance Outside the United 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2282. A letter from the Acting Assistant States [DFARS Case 2004-D001] received Committee on Financial Services. Secretary for Legislative Affairs, Depart- April 26, 2005, pursuant to 5 U.S.C. 2272. A letter from the Deputy Secretary, ment of State, transmitting the designation 801(a)(1)(A); to the Committee on Armed Securities and Exchange Commission, trans- as ‘‘foreign terrorist organization’’ pursuant Services. mitting the Commission’s final rule — to Section 219 of the Immigration and Na- 2262. A letter from the Director, Defense Amendment to Rule 4-01(a) of Regulation S- tionality Act, pursuant to 8 U.S.C. 1189; to Procurement and Acquisition Policy, De- X Regarding the Compliance Date for State- the Committee on the Judiciary. partment of Defense, transmitting the De- ment of Financial Accounting Standards No. 2283. A letter from the Acting Assitant partment’s final rule — Defense Federal Ac- 123 (Revised 2004), Share-Based Payment [Re- Secretary for Legislative Affairs, Depart- quisition Regulation Supplement; Unique lease Nos. 33-8568, 34-51558; 35-27959; IC-26833; ment of State, transmitting an amendment Item Identification and Valuation [DFARS FR-74] (RIN: 3235-AJ39) received April 18, to a designation as ‘‘foreign terrorist organi- Case 2003-D081] received April 26, 2005, pursu- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the zation’’ pursuant to Section 219 of the Immi- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Financial Services. gration and Nationality Act, pursuant to 8 on Armed Services. 2273. A letter from the Acting Commis- U.S.C. 1189; to the Committee on the Judici- 2263. A letter from the Director, Defense sioner for Education Statistics, Director, In- ary. Procurement and Acquisition Policy, De- stitute of Education Sciences, Department of 2284. A letter from the Senior Vice Presi- partment of Defense, transmitting the De- Education, transmitting a statistical report dent, Girl Scouts of the United States of partment’s final rule — Defense Federal Ac- prepared by the National Center for Edu- America, transmitting the Girl Scouts of the quisition Regulation Supplement; Con- cation Statistics entitled, ‘‘The Condition of United States of America 2004 Annual Re- tractor Personnel Supporting a Force De- Education,’’ pursuant to 20 U.S.C. 9005; to port, pursuant to Public Law 105–225 section ployed Outside the United States [DFARS the Committee on Education and the Work- 803 112 stat. 1362; to the Committee on the Case 2003-D087] received April 28, 2005, pursu- force. Judiciary. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2274. A letter from the Acting Director, Of- 2285. A letter from the Assistant Adminis- on Armed Services. fice of Congressional Affairs, Nuclear Regu- trator for Procement, National Aeronautics 2264. A letter from the Senior Procurement latory Commission, transmitting the Com- and Space Administration, transmitting the Executive, OCAO, General Services Adminis- mission’s final rule — Model Milestones for Administration’s final rule — NASA Grant tration, transmitting the Administration’s NRC Adjudicatory Proceedings (RIN: 3150- Cooperative Agreement Handbook — Re- final rule — Federal Acquisition Circular AH71) received April 20, 2005, pursuant to 5 search Misconduct. (RIN: 2700-AD11) received 2005-04; Introduction — received April 28, U.S.C. 801(a)(1)(A); to the Committee on En- April 25, 2005, pursuant to 5 U.S.C. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ergy and Commerce. 801(a)(1)(A); to the Committee on Science. Committee on Armed Services. 2275. A letter from the Acting Director, Of- 2286. A letter from the Assistant Adminis- 2265. A letter from the General Counsel/ fice of Congressional Affairs, Nuclear Regu- trator for Procurement, National Aero- nautics and Space Administration, transmit- FEMA, Department of Homeland Security, latory Commission, transmitting the Com- ting the Administration’s final rule — NASA transmitting the Department’s final rule — mission’s final rule — Export and Import of Grant and Cooperative Agreement Handbook List of Communities Eligible for the Sale of Nuclear Equipment and Material; Exports to — Research Misconduct (RIN: 2700-AD11) re- Flood Insurance [Docket No. FEMA-7776] re- Syria Embargoed (RIN: 3150-AH67) received ceived May 12, 2005, pursuant to 5 U.S.C. ceived May 9, 2005, pursuant to 5 U.S.C. June 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Science. 801(a)(1)(A); to the Committee on Financial to the Committee on International Rela- 2287. A letter from the Deputy Assistant Services. tions. Administrator, OAR, National Oceanic and 2266. A letter from the Assistant General 2276. A letter from the Secretary, Depart- Atmospheric Administration, transmitting Counsel for Regulations, Department of ment of Veterans Affairs, transmitting the the Administration’s final rule — NOAA Cli- Housing and Urban Development, transmit- semiannual report on activities of the In- mate and Global Change Program for FY 2006 ting the Department’s final rule — Revised spector General for the period October 1, [Docket No.: 000616180-5104-11] received April Guidelines for Previous Participation Cer- 2004, through March 31, 2005, pursuant to 5 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to tification [Docket No. FR-4870-F-02] (RIN: U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee on Science. 2502-AI10) received April 25, 2005, pursuant to the Committee on Government Reform. 2288. A letter from the Director, Regula- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- 2277. A letter from the Administrator, Gen- tions Management, Office of Regulation Pol- nancial Services. eral Services Administration, transmitting icy and Management, VA, Department of 2267. A letter from the Assistant General an informational copy of an alteration in Veterans Affairs, transmitting the Depart- Counsel for Regulations, Department of leased space prospectus for the James L. ment’s final rule — Elimination of Copay- Housing and Urban Development, transmit- King Federal Building in Miami, FL; to the ment for Smoking Cessation Counseling ting the Department’s final rule — Treble Committee on Government Reform. (RIN: 2900-AM11) received May 2, 2005, pursu- Damages for Failure To Engage in Loss Miti- 2278. A letter from the Deputy Archivist, ant to 5 U.S.C. 801(a)(1)(A); to the Committee gation [Docket No. FR-4553-F-03] (RIN: 2501- National Archives and Records Administra- on Veterans’ Affairs. AC66) received May 4, 2005, pursuant to 5 tion, transmitting the Administration’s final 2289. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on Fi- rule — NARA Facility Locations and Hours tions Management, Office of Regulation Pol- nancial Services. (RIN: 3095-AB47) received May 5, 2005, pursu- icy and Management, VA, Department of

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Veterans Affairs, transmitting the Depart- HONDA, Mr. MCDERMOTT, Mr. LARSEN projects by prohibiting the practice known ment’s final rule — Veterans Education: of Washington, Mr. JACKSON of Illi- as bid shopping; to the Committee on Gov- Non-payment of VA Educational Assistance nois, Ms. SCHAKOWSKY, Mr. LANGEVIN, ernment Reform. to Fugitive Felons (RIN: 2900-AL79) received Mr. GRIJALVA, Mr. EMANUEL, Ms. By Mr. GEORGE MILLER of California May 17, 2005, pursuant to 5 U.S.C. BALDWIN, Mr. GEORGE MILLER of Cali- (for himself, Mr. KILDEE, Mr. OWENS, 801(a)(1)(A); to the Committee on Veterans’ fornia, and Mr. SMITH of Wash- Mr. PAYNE, Ms. WOOLSEY, Mr. AN- Affairs. ington): DREWS, Mr. SCOTT of Virginia, Mr. 2290. A letter from the Acting Chief, Publi- H.R. 2828. A bill to ensure that the United HINOJOSA, Mrs. MCCARTHY, Mr. TIER- cations and Regulations Branch, Internal States leads the world in developing and NEY, Mr. KUCINICH, Mr. HOLT, Mr. Revenue Service, transmitting the Service’s manufacturing next generation energy tech- DAVIS of Illinois, Mr. GRIJALVA, Ms. final rule — Rulings and determination let- nologies, to grow the economy of the United MCCOLLUM of Minnesota, Mr. VAN ters. (Rev. Proc. 2005-23) received April 20, States, to create new highly trained, highly HOLLEN, Mr. RYAN of Ohio, Mr. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the skilled American jobs, to eliminate Amer- BISHOP of New York, Mr. BARROW, Committee on Ways and Means. ican overdependence on foreign oil, and to Ms. SLAUGHTER, Mr. CONYERS, Mr. 2291. A letter from the Secretary, Federal address the threat of global warming; to the BROWN of Ohio, Mr. CAPUANO, Mrs. Trade Commission, transmitting the Fourth Committee on Energy and Commerce, and in JONES of Ohio, Mr. WEINER, Ms. LEE, Annual report pursuant to the College Schol- addition to the Committees on Science, Ms. WATSON, Mr. WEXLER, Mr. HIG- arship Fraud Prevention Act of 2000; jointly Ways and Means, Financial Services, Trans- GINS, Mr. ISRAEL, Ms. WASSERMAN to the Committees on Education and the portation and Infrastructure, Education and SCHULTZ, Ms. CORRINE BROWN of Flor- Workforce and the Judiciary. the Workforce, Government Reform, and Ag- ida, Mr. BERMAN, Mr. CLEAVER, Ms. 2292. A letter from the Secretary, Depart- riculture, for a period to be subsequently de- DELAURO, Mr. BACA, Mr. DELAHUNT, ment of Energy, transmitting the Annual termined by the Speaker, in each case for Ms. BALDWIN, Mr. ABERCROMBIE, Mr. Report for calendar year 2004, entitled ‘‘De- consideration of such provisions as fall with- FATTAH, Mr. FALEOMAVAEGA, Mr. partment of Energy Activities Relating to in the jurisdiction of the committee con- FORD, Mr. ETHERIDGE, Ms. ESHOO, Mr. the Defense Nuclear Facilities Safety cerned. CUMMINGS, and Mr. FRANK of Massa- Board,’’ as required by Section 316(b) of the By Mr. SOUDER (for himself and Mr. chusetts): Atomic Energy Act of 1954, pursuant to 42 TOM DAVIS of Virginia): H.R. 2835. A bill to amend the Elementary U.S.C. 2286e(b); jointly to the Committees on H.R. 2829. A bill to reauthorize the Office of and Secondary Education Act of 1965, the Energy and Commerce and Armed Services. National Drug Control Policy Act; to the Higher Education Act of 1965, and the Inter- Committee on Government Reform, and in f nal Revenue Code of 1986 to improve recruit- addition to the Committees on the Judici- ment, preparation, distribution, and reten- ary, Energy and Commerce, and Intelligence REPORTS OF COMMITTEES ON tion of public elementary and secondary (Permanent Select), for a period to be subse- PUBLIC BILLS AND RESOLUTIONS school teachers and principals, and for other quently determined by the Speaker, in each purposes; to the Committee on Education Under clause 2 of rule XIII, reports of case for consideration of such provisions as and the Workforce, and in addition to the committees were delivered to the Clerk fall within the jurisdiction of the committee Committee on Ways and Means, for a period for printing and reference to the proper concerned. to be subsequently determined by the Speak- calendar, as follows: By Mr. BOEHNER (for himself, Mr. er, in each case for consideration of such pro- THOMAS, Mr. SAM JOHNSON of Texas, Mr. BARTON: Committee on Energy and visions as fall within the jurisdiction of the Mr. KLINE, Mr. MCKEON, Mr. TIBERI, Commerce. H.R. 184. A bill to amend the committee concerned. and Mr. BOUSTANY): Controlled Substances Import and Export By Mr. BROWN of South Carolina: Act to provide authority to the Attorney H.R. 2830. A bill to amend the Employee Retirement Income Security Act of 1974 and H.R. 2836. A bill to extend the duty suspen- General to authorize any controlled sub- sion on Allyl isosulfocynate; to the Com- stance that is in schedule I or II or is a nar- the Internal Revenue Code of 1986 to reform the pension funding rules, and for other pur- mittee on Ways and Means. cotic drug in schedule III or IV to be ex- By Mr. BROWN of South Carolina: ported from the United States to a country poses; to the Committee on Education and the Workforce, and in addition to the Com- H.R. 2837. A bill to extend the duty suspen- for subsequent export from that country to sion on sodium methylate powder; to the another country, if certain conditions are mittee on Ways and Means, for a period to be subsequently determined by the Speaker, in Committee on Ways and Means. met; with amendments (Rept. 109–115 Pt. 1). By Mr. BROWN of South Carolina: Ordered to be printed. each case for consideration of such provi- sions as fall within the jurisdiction of the H.R. 2838. A bill to extend the duty suspen- Mr. BARTON: Committee on Energy and sion on Trimethyl cyclo hexanol; to the Commerce. H.R. 869. A bill to amend the committee concerned. By Mr. BOEHNER: Committee on Ways and Means. Controlled Substances Act to lift the patient By Mr. BROWN of South Carolina: limitation on prescribing drug addiction H.R. 2831. A bill to amend title I of the Em- ployee Retirement Income Security Act of H.R. 2839. A bill to extend the duty suspen- treatments by medical practitioners in group sion on 2,2-Dimethyl-3-(3-methyl- practices, and for other purposes (Rept. 109– 1974 and the Internal Revenue Code of 1986 to make improvements in benefit accrual phenyl)proponal; to the Committee on Ways 116 Pt. 1). Ordered to be printed. and Means. Mr. POMBO: Committee on Resources. standards; to the Committee on Education By Mr. CHABOT (for himself, Mr. NAD- H.R. 517. A bill to reauthorize the Secure and the Workforce, and in addition to the LER, Mr. CANNON, and Mr. DELAHUNT): Rural Schools and Community Self-Deter- Committee on Ways and Means, for a period H.R. 2840. A bill to amend title 5, United mination Act of 2000, and for other purposes to be subsequently determined by the Speak- States Code, to require that agencies, in pro- (Rept. 109–117 Pt. 1). Ordered to be printed. er, in each case for consideration of such pro- visions as fall within the jurisdiction of the mulgating rules, take into consideration the f committee concerned. impact of such rules on the privacy of indi- TIME LIMITATION OF REFERRED By Mrs. KELLY: viduals, and for other purposes; to the Com- BILL H.R. 2832. A bill to establish certain condi- mittee on the Judiciary. tions on the Secretary of Veterans Affairs By Mr. FERGUSON (for himself, Mr. Pursuant to clause 2 of rule XII the implementing any recommendation of the STRICKLAND, Mr. LATOURETTE, Mr. following action was taken by the CARES Commission that would have the ef- RYAN of Ohio, and Mr. ISSA): Speaker: fect of eliminating or severely reducing any H.R. 2841. A bill to amend title XVIII of the H.R. 184. Referral to the Committee on the medical service provided to veterans Social Security Act to provide for coverage, Judiciary extended for a period ending not throughout the United States at Department as supplies associated with the injection of later than July 11, 2005. of Veterans Affairs medical facilities; to the insulin, of home needle destruction devices H.R. 869. Referral to the Committee on the Committee on Veterans’ Affairs. and the disposal of needles and lancets Judiciary extended for a period ending not By Mr. BROWN of South Carolina: through a sharps-by-mail or similar program later than July 11, 2005. H.R. 2833. A bill to suspend temporarily the under part D of the Medicare Program; to duty on NaMBT; to the Committee on Ways the Committee on Energy and Commerce, f and Means. and in addition to the Committee on Ways PUBLIC BILLS AND RESOLUTIONS By Mr. KANJORSKI (for himself, Mr. and Means, for a period to be subsequently Under clause 2 of rule XII, public MORAN of Virginia, Mr. WYNN, Mr. determined by the Speaker, in each case for consideration of such provisions as fall with- bills and resolutions were introduced UDALL of Colorado, Mr. JEFFERSON, Mrs. MALONEY, Mr. BISHOP of New in the jurisdiction of the committee con- and severally referred, as follows: York, and Mr. OWENS): cerned. By Mr. INSLEE (for himself, Mr. VAN H.R. 2834. A bill to assure quality and best By Mr. FLAKE (for himself, Mr. HOLLEN, Mr. HOLT, Mr. ISRAEL, Mr. value with respect to Federal construction DREIER, Mr. SESSIONS, Mr.

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HENSARLING, Mr. HERGER, Mr. GAR- pyrrolidinyl)-2,2,6,6-tetramethylpiperidine; United States to provide that Representa- RETT of New Jersey, Mr. MILLER of to the Committee on Ways and Means. tives shall be apportioned among the several Florida, Mr. MCHENRY, Mr. CONAWAY, By Mrs. MYRICK: States according to their respective num- Mr. ADERHOLT, Mr. PENCE, Mr. H.R. 2851. A bill to extend the suspension of bers, counting the number of persons in each FRANKS of Arizona, Mr. KING of Iowa, duty on 3-Dodecyl-1-(2,2,6,6-tetramethyl-4- State who are citizens of the United States; Mr. HOSTETTLER, Mr. SHADEGG, Mr. piperidinyl)-2,5-pyrrolid nedione; to the Com- to the Committee on the Judiciary. NEUGEBAUER, Mr. WILSON of South mittee on Ways and Means. By Mr. CONYERS (for himself, Mr. Carolina, Mr. GINGREY, Mr. SAM By Mrs. MYRICK: STARK, Mr. MCDERMOTT, Mr. MORAN JOHNSON of Texas, Mrs. MYRICK, Mrs. H.R. 2852. A bill to extend the suspension of of Virginia, Mr. MEEHAN, Mrs. MALO- MUSGRAVE, Mr. FEENEY, Mrs. CUBIN, duty on Tetraacetylethylenediamine; to the NEY, Mr. SHERMAN, Mr. SERRANO, Mr. Mr. AKIN, Mr. BARRETT of South Committee on Ways and Means. BOUCHER, and Ms. WASSERMAN Carolina, Mr. BARTLETT of Maryland, By Mrs. MYRICK: SCHULTZ): H.R. 2853. A bill to extend the suspension of and Mr. RYUN of Kansas): H. Con. Res. 176. Concurrent resolution ex- duty on sodium petroleum sulfonate; to the H.R. 2842. A bill to require the Congres- pressing the sense of the Congress that, as Committee on Ways and Means. sional Budget Office and the Joint Com- Congress and all Americans learned the iden- By Mrs. MYRICK: mittee on Taxation to use dynamic economic tity of ‘‘Deep Throat’’ as W. Mark Felt this H.R. 2854. A bill to extend the suspension of week, it commends and honors W. Mark Felt modeling in addition to static economic duty on esters and sodium esters of modeling in the preparation of budgetary es- for his uncommon courage and bravery in ex- parahydroxybenzoic acid; to the Committee posing major Government corruption and en- timates of proposed changes in Federal rev- on Ways and Means. enue law; to the Committee on the Budget, courages other FBI employees aware of By Mrs. MYRICK: wrongdoing to follow the lead of this model and in addition to the Committees on Rules, H.R. 2855. A bill to extend the suspension of whistleblower; to the Committee on the Ju- and Ways and Means, for a period to be sub- duty on Oxalic Anilide; to the Committee on diciary. sequently determined by the Speaker, in Ways and Means. By Ms. DELAURO (for herself, Mrs. each case for consideration of such provi- By Mr. NEAL of Massachusetts: JOHNSON of Connecticut, Mr. SHAYS, sions as fall within the jurisdiction of the H.R. 2856. A bill to suspend temporarily the Mr. LARSON of Connecticut, Mr. SIM- committee concerned. duty on certain inflatable balls; to the Com- MONS, Ms. SLAUGHTER, Mrs. BIGGERT, By Mr. GENE GREEN of Texas: mittee on Ways and Means. Mrs. CAPPS, Mr. WAXMAN, Mr. KOLBE, H.R. 2843. A bill to prohibit the use of re- By Mr. ORTIZ: Mr. SCHIFF, Mrs. DAVIS of California, mote control locomotives to carry hazardous H.R. 2857. A bill to require the immediate Mr. GRIJALVA, Mr. FILNER, Ms. materials, and for other purposes; to the release, in unclassified form, of all docu- ESHOO, Ms. BALDWIN, Mrs. MALONEY, Committee on Transportation and Infra- mentation and other information used by the Mr. LARSEN of Washington, Ms. WAT- structure. Secretary of Defense to prepare the rec- SON, Ms. ZOE LOFGREN of California, By Mr. HINCHEY (for himself, Mr. ommendations submitted to Congress on Mr. AL GREEN of Texas, Ms. LATHAM, Mr. SANDERS, Mr. MCNULTY, May 13, 2005, regarding the closure and re- WASSERMAN SCHULTZ, Mr. LANTOS, Mr. FRANK of Massachusetts, and Mr. alignment of military installations in the Mr. OWENS, Ms. JACKSON-LEE of AL GREEN of Texas): United States; to the Committee on Armed Texas, Ms. EDDIE BERNICE JOHNSON of H.R. 2844. A bill to amend the National Nu- Services. Texas, Mr. MCDERMOTT, Mr. TOWNS, trition Monitoring and Related Research Act By Mr. PETRI: Ms. SCHAKOWSKY, Ms. HARMAN, Mr. of 1990 to foster greater understanding of H.R. 2858. A bill to establish and strength- CAPUANO, Ms. CARSON, Mrs. MCCAR- human dietary eating patterns and food in- en postsecondary programs and courses in THY, Ms. SOLIS, Mr. GEORGE MILLER take, physical activity level, food security, the subjects of traditional American history, of California, Mr. STARK, Mr. BROWN dietary exposure, and nutritional status; to free institutions, and Western civilization, of Ohio, Mr. WEXLER, Mr. FARR, Ms. provide timely information to public pro- available to students preparing to teach MCCOLLUM of Minnesota, Mr. ACKER- gram managers and private sector decision these subjects, and to other students; to the MAN, Mr. INSLEE, and Mr. SANDERS): makers to improve nutritional intake, phys- Committee on Education and the Workforce. By Mr. RYUN of Kansas (for himself H. Res. 311. A resolution recognizing the ical activity, health, productivity and other importance of the decision of the Supreme measures of quality of life of Americans, and Mr. WYNN): H.R. 2859. A bill to amend the Court, Griswold v. Connecticut, which 40 based on scientifically established norms and years ago held that married couples have a the knowledge and experience developed Servicemembers Civil Relief Act to provide improved interest rate relief for constitutional right to use contraceptives, under the National Nutrition Monitoring and thereby recognizing the legal right of women Related Research Act of 1990 over the past servicemembers during periods of military service; to the Committee on Veterans’ Af- to control their fertility through birth con- decade; to reauthorize nutrition monitoring trol and providing for vast improvements in programs; and for other purposes; to the fairs. By Mr. SMITH of Washington (for him- maternal and infant health and for signifi- Committee on Agriculture. cant reductions in the rate of unintended By Ms. KAPTUR: self and Mr. INSLEE): H.R. 2860. A bill to encourage Members of pregnancy, and for other purposes; to the H.R. 2845. A bill to suspend temporarily the Congress and the executive branch to be hon- Committee on the Judiciary. duty on certain plain woven fabrics; to the est with the public about true on-budget cir- By Mr. GARY G. MILLER of California Committee on Ways and Means. cumstances, to exclude the Social Security (for himself, Mr. OXLEY, Mr. FRANK of By Mr. LOBIONDO (for himself and Mr. trust funds and the Medicare hospital insur- Massachusetts, Mr. NEY, Ms. WATERS, MCINTYRE): ance trust fund from the annual Federal and Ms. HARRIS): H.R. 2846. A bill to ensure the continuation budget baseline, to prohibit Social Security H. Res. 312. A resolution recognizing Na- and improvement of coastal restoration; to and Medicare hospital insurance trust funds tional Homeownership Month and the impor- the Committee on Transportation and Infra- surpluses to be used as offsets for tax cuts or tance of homeownership in the United States; to the Committee on Financial Serv- structure. spending increases, and to exclude the Social ices. By Mrs. MYRICK: Security trust funds and the Medicare hos- H.R. 2847. A bill to extend the suspension of pital insurance trust fund from official budg- f ′ duty on 1,3-Benzenedicarboxamide, N, N -Bis et surplus/deficit pronouncements; to the ADDITIONAL SPONSORS (2,2,6,6-tetramethyl-4-piperidinyl)-; to the Committee on the Budget, and in addition to Under clause 7 of rule XII, sponsors Committee on Ways and Means. the Committee on Ways and Means, for a pe- By Mrs. MYRICK: were added to public bills and resolu- riod to be subsequently determined by the tions as follows: H.R. 2848. A bill to extend the suspension of Speaker, in each case for consideration of duty on reaction products of phosphorus tri- such provisions as fall within the jurisdic- H.R. 11: Mr. THOMPSON of Mississippi, Mr. WHITFIELD, and Mr. STUPAK. chloride with 1,1′-biphenyl and 2,4-bis(1,1- tion of the committee concerned. H.R. 98: Mr. DELAY. dimethylethyl)phenol; to the Committee on By Mr. UPTON (for himself and Ms. Ways and Means. H.R. 111: Mr. BILIRAKIS, Mr. POE, and Mr. ESHOO): SMITH of Washington. By Mrs. MYRICK: H.R. 2861. A bill to reduce preterm labor H.R. 136: Mr. AKIN. H.R. 2849. A bill to extend the suspension of and delivery and the risk of pregnancy-re- H.R. 147: Mr. ENGLISH of Pennsylvania, Mr. duty on preparations based on lated deaths and complications due to preg- ′ KUHL of New York, and Mr. WILSON of South ethanediamide, N-(2-ethoxyphenyl)-N -(4- nancy, and to reduce infant mortality caused Carolina. isodecylphenyl)-; to the Committee on Ways by prematurity; to the Committee on Energy H.R. 181: Mr. PITTS, Mrs. BLACKBURN, Mr. and Means. and Commerce. DOOLITTLE, Mr. HENSARLING, Mr. SHADEGG, By Mrs. MYRICK: By Mrs. MILLER of Michigan: and Mr. BISHOP of Utah. H.R. 2850. A bill to extend the suspension of H.J. Res. 53. A joint resolution proposing H.R. 297: Mr. PLATTS and Mr. JACKSON of Il- duty on 1-Acetyl-4-(3-dodecyl-2,5-dioxo-1- an amendment to the Constitution of the linois.

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H.R. 356: Mr. ROGERS of Kentucky. H.R. 1406: Mr. SMITH of Washington. H.R. 2359: Mr. CASE. H.R. 398: Mr. SERRANO. H.R. 1409: Mr. YOUNG of Alaska. H.R. 2363: Mr. UDALL of Colorado. H.R. 475: Mrs. MCCARTHY and Mr. SABO. H.R. 1424: Mr. BARROW. H.R. 2387: Mr. CONAWAY, Mr. LEWIS of Ken- H.R. 476: Mrs. MCCARTHY. H.R. 1431: Mr. VAN HOLLEN, Mr. ROHR- tucky, Mr. HOSTETTLER, Mrs. CAPITO, and H.R. 515: Mr. HINCHEY, Mr. MATHESON, and ABACHER, and Mr. MORAN of Virginia. Mr. GREEN of Wisconsin. Mr. PASTOR. H.R. 1456: Mr. PALLONE, Mr. DEFAZIO, and H.R. 2389: Mr. KUHL of New York. H.R. 535: Mr. LANTOS. Mr. CLEAVER. H.R. 2455: Ms. BALDWIN. H.R. 551: Mr. TIERNEY, Mr. WAXMAN, Mr. H.R. 1540: Mr. PITTS. H.R. 2498: Mr. BARROW, Ms. HERSETH, Mr. NEAL of Massachusetts, and Mrs. MALONEY. H.R. 1554: Mr. SAXTON. SALAZAR, Mrs. EMERSON, Mr. LATHAM, Mr. H.R. 554: Mr. DAVIS of Kentucky. H.R. 1578: Mr. TOWNS, Mr. ROTHMAN, Ms. GRAVES, Mr. MCHUGH, and Mr. FORD. H.R. 558: Mr. BILIRAKIS, Mrs. JONES of FOXX, Mr. MANZULLO, Mrs. JOHNSON of Con- H.R. 2525: Mr. HIGGINS. necticut, Mr. DAVIS of Alabama, Mr. MATHE- Ohio, Mr. CLEAVER, Mr. SMITH of Wash- H.R. 2574: Ms. PRYCE of Ohio. ington, and Mr. BEAUPREZ. SON, and Mr. KIND. H.R. 2641: Mr. HOLT, Mrs. MCCARTHY, Mr. ILPATRICK H.R. 1582: Mr. STRICKLAND, Mr. EHLERS, H.R. 583: Ms. K of Michigan. FORD, and Mr. MENENDEZ. H.R. 596: Ms. EDDIE BERNICE JOHNSON of and Mr. KENNEDY of Rhode Island. H.R. 2646: Mr. FLAKE, Mr. RYAN of Wis- Texas and Mr. CULBERSON. H.R. 1588: Mr. LINCOLN DIAZ-BALART of Florida and Mr. PASTOR. consin, Mrs. MUSGRAVE, and Mr. FRANKs of H.R. 602: Ms. PELOSI. Arizona. H.R. 609: Mr. KLINE. H.R. 1602: Mr. KUHL of New York, Ms. HART, and Mr. WELDON of Pennsylvania. H.R. 2648: Mr. NORWOOD. H.R. 699: Mr. LARSEN of Washington, Mr. H.R. 2662: Mr. BACA and Ms. MOORE of Wis- UDALL of New Mexico, and Mr. NORWOOD. H.R. 1607: Mrs. KELLY. consin. H.R. 719: Mr. TOWNS. H.R. 1634: Mr. RYUN of Kansas, Mr. REH- BERG, and Mr. TIAHRT. H.R. 2680: Mr. WELLER. H.R. 809: Mr. GARRETT of New Jersey, Mr. JONES of North Carolina, Mr. INGLIS of South H.R. 1652: Mr. BACA. H.R. 2688: Mr. RANGEL. Carolina, and Mr. CRENSHAW. H.R. 1671: Mr. RAHALL. H.R. 2694: Mr. LARSEN of Washington, Mr. H.R. 818: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1689: Mr. PRICE of Georgia. OBERSTAR, and Mr. GRIJALVA. fornia. H.R. 1696: Ms. EDDIE BERNICE JOHNSON of H.R. 2695: Mrs. CHRISTENSEN, Mr. CLAY, Ms. H.R. 819: Mr. CANTOR. Texas. LEE, Mr. TOWNS, Mr. PAYNE, Mr. SANDERS, H.R. 827: Mr. PASCRELL. H.R. 1697: Mr. DAVIS of Illinois. Mr. CONYERS, Mrs. MCCARTHY, Mr. STRICK- H.R. 831: Mrs. CHRISTENSEN and Mr. EVANS. H.R. 1704: Ms. MCKINNEY, Mrs. CAPITO, Mr. LAND, Mr. CLEAVER, and Ms. WATERS. H.R. 864: Mr. WYNN and Mr. ISRAEL. MENENDEZ, Mr. RAMSTAD, Mr. CARNAHAN, and H.R. 2717: Mr. DAVIS of Illinois, Mr. RUSH, Ms. MCCOLLUM of Minnesota. Mr. LEACH, Mr. ALLEN, Mr. FRANK of Massa- H.R. 893: Mr. REYES, Mr. WEXLER, Mr. ASTOR C OTTER FALEOMAVAEGA, Mr. CONYERS, Ms. WATERS, H.R. 1712: Mrs. CHRISTENSEN, Mr. DELA- chusetts, Mr. P , Mr. M C , Mr. Mr. WAXMAN, and Mr. COSTA. HUNT, Mr. GORDON, Mrs. LOWEY, Mr. MEEKS EHLERS, Mr. MEEK of Florida, Mr. KIND, Mr. of New York, Ms. SCHAKOWSKY, Mr. TIERNEY, MORAN of Virginia, Mr. CROWLEY, Ms. KAP- H.R. 916: Mr. WHITFIELD, Mr. HUNTER, and Mr. UDALL of New Mexico, Mr. WU, Mr. JEF- TUR, Mrs. MCCARTHY, Mr. DAVIS of Alabama, Mr. NORWOOD. FERSON, Mr. MCGOVERN, Mr. OLVER, Mr. Ms. HERSETH, Mr. DEFAZIO, Mr. YOUNG of H.R. 930: Mr. THOMPSON of California and SABO, Ms. MCCOLLUM of Minnesota, Mr. Alaska, Mr. RENZI, Mr. NEY, Ms. MCCOLLUM Mr. DUNCAN. KUCINICH, Mr. HINCHEY, Mr. DEFAZIO, Mr. of Minnesota, and Mr. KUHL of New York. H.R. 949: Mr. VAN HOLLEN, Ms. JACKSON- MCDERMOTT, and Mr. DAVIS of Illinois. EE C ULTY AXMAN H.R. 2737: Mr. TOWNS. L of Texas, Mr. M N , Mr. W , H.R. 1714: Mr. SMITH of Texas. Mr. CROWLEY, Mr. MARSHALL, Mrs. LOWEY, H.R. 2793: Mr. GREEN of Wisconsin. H.R. 1737: Mr. DAVIS of Florida and Mr. and Mr. BRADY of Pennsylvania. H.R. 2811: Mr. CARNAHAN. BERMAN. H.R. 1048: Ms. MILLENDER-MCDONALD. H. Con. Res. 10: Mr. MCCOTTER. H.R. 1770: Mr. FRANKS of Arizona and Ms. ACKSON EE H.R. 1056: Ms. J -L of Texas and GINNY BROWN-WAITE of Florida. H. Con. Res. 24: Mr. SABO. Mr. MCGOVERN. H.R. 1798: Mr. SAXTON. H. Con. Res. 35: Mr. MCGOVERN and Ms. H.R. 1108: Mr. FILNER and Mr. JACKSON of BALDWIN. Illinois. H.R. 1850: Mr. WELDON of Pennsylvania. H.R. 1851: Mr. RADANOVICH. H. Con. Res. 50: Mr. BACHUS. H.R. 1125: Mr. LEVIN and Mr. FRANK of Mas- H. Con. Res. 91: Mr. BILIRAKIS. sachusetts. H.R. 1872: Mr. PORTER and Mr. MORAN of Kansas. H. Con. Res. 144: Mr. SAM JOHNSON of H.R. 1131: Mr. GERLACH, Mr. RYAN of Ohio, Texas. Mr. GEORGE MILLER of California, and Mr. H.R. 1898: Mrs. JO ANN DAVIS of Virginia, MILLER of Florida. Mrs. CAPITO, Mr. CONYERS, Mr. PENCE, and H. Con. Res. 158: Ms. MILLENDER-MCDON- Mr. PLATTS. ALD. H.R. 1175: Mr. DEFAZIO. H.R. 1902: Ms. MCKINNEY. H.R. 1183: Mr. LEACH. H. Con. Res. 172: Mr. BARROW. H.R. 1946: Mr. TIERNEY. H.R. 1186: Mr. SIMPSON, Mr. LAHOOD, Mr. H. Res. 199: Mr. TOM DAVIS of Virginia and RADANOVICH, and Mr. CALVERT. H.R. 1957: Mr. FORBES and Mr. BOUSTANY. Mr. OLVER. H.R. 1201: Mr. PRICE of North Carolina. H.R. 1961: Mrs. TAUSCHER. H. Res. 220: Mr. LIPINSKI, Ms. KAPTUR, Mr. EMANUEL, Mr. BROWN of Ohio, Ms. BALDWIN, H.R. 1216: Mr. BRADLEY of New Hampshire. H.R. 1973: Mr. BAIRD and Mr. BUTTERFIELD. Mrs. KELLY, and Mr. MELANCON. H.R. 1227: Mr. DOGGETT, Mr. HINOJOSA, and H.R. 1986: Mr. BILIRAKIS and Mr. FRANKS of Ms. JACKSON-LEE of Texas. Arizona. H. Res. 259: Mrs. MALONEY, Mr. MCDERMOTT, Mr. DAVIS of Illinois, Ms. CAR- H.R. 1245: Mr. CASTLE, Mrs. WILSON of New H.R. 2034: Mr. KUHL of New York, Mr. KING- SON, Ms. KILPATRICK of Michigan, Ms. LEE, Mexico, Mr. DENT, Mr. CANNON and Mr. STON, Mr. DAVIS of Tennessee, Mr. PEARCE, Mr. THOMPSON of Mississippi, Ms. JACKSON- WAMP. and Mr. NORWOOD. LEE of Texas, Ms. CORRINE BROWN of Florida, H.R. 1262: Mr. SOUDER, Mr. CARNAHAN, and H.R. 2061: Mr. HOLDEN, Mr. FORD, Mr. MAN- Mr. WATT, Mr. JEFFERSON, Mr. CUMMIMGS, Mr. ANDREWS. ZULLO, and Miss MCMORRIS. H.R. 2072: Ms. WOOLSEY, and Mrs. LOWEY. Ms. NORTON, Mr. BUTTERFIELD, Mr. BISHOP of H.R. 1264: Mr. DOYLE, and Mr. BERMAN. Georgia, and Mr. WYNN. LUNT ACK ROWN H.R. 2089: Mr. MANZULLO, Mr. LATHAM, and H.R. 1288: Mr. B , Mr. M , Mr. B H. Res. 297: Mr. BEAUPREZ. of South Carolina, Mr. CHANDLER, and Mr. Mr. BEAUPREZ. BILIRAKIS. H.R. 2108: Mr. HIGGINS. f H.R. 2112: Mr. PENCE, Mr. ALEXANDER, and H.R. 1290: Mr. UDALL of New Mexico. DISCHARGE PETITIONS— H.R. 1298: Mr. NEAL of Massachusetts, Mr. Mr. SOUDER. CALVERT, Mr. PALLONE, Mr. SOUDER, and Mr. H.R. 2122: Mr. GRIJALVA. ADDITIONS OR DELETIONS VISCLOSKY. H.R. 2133: Mr. GRIJALVA and Mr. GEORGE The following Members added their H.R. 1306: Mr. DOYLE, Mr. GRAVES, Mr. MILLER of California. names to the following discharge peti- BOYD, Mr. BERRY, Mr. FORD, and Mr. BRAD- H.R. 2209: Mr. TANNER and Mr. BERRY. tions: LEY of New Hampshire. H.R. 2229: Mr. GREEN of Wisconsin, Mrs. JO Petition 2 by Mr. MARSHALL on House H.R. 1310: Mr. BERMAN and Mr. STARK. ANN DAVIS of Virginia, Ms. GINNY BROWN- Resolution 270: Charles A. Gonzalez, Melissa H.R. 1348: Ms. WOOLSEY and Ms. JACKSON- WAITE of Florida, and Mr. ALEXANDER. L. Bean, Lincoln Davis, Jerry F. Costello, LEE of Texas. H.R. 2317: Ms. WATSON and Mr. ISSA. Nita M. Lowey, Eliot L. Engel, Solomon P. H.R. 1355: Mr. PUTNAM. H.R. 2327: Mr. MCNULTY and Mr. WU. Ortiz, Luis V. Gutierrez, John D. Dingell, H.R. 1402: Mr. BOUCHER and Ms. BALDWIN. H.R. 2349: Mr. CLAY. and Robert Wexler.

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The Senate met at 9:30 a.m. and was Mr. SUNUNU thereupon assumed the Monday. And then we will follow that called to order by the Honorable JOHN chair as Acting President pro tempore. with the energy legislation. Following E. SUNUNU, a Senator from the State of The ACTING PRESIDENT pro tem- the remarks from the Democratic lead- New Hampshire. pore. The Senator from Rhode Island. er, I have a short statement on energy. The PRESIDING OFFICER. Today’s f f prayer will be offered by the guest chaplain, Bishop Geralyn Wolf of the WELCOMING THE GUEST RECOGNITION OF THE MINORITY Episcopal Diocese of Rhode Island, CHAPLAIN LEADER Providence, RI. Mr. REED. Mr. President, may I say The ACTING PRESIDENT pro tem- how proud I am of Bishop Wolf, not pore. The Democratic leader is recog- PRAYER only for her prayer but for her extraor- nized. The guest Chaplain offered the fol- dinary service to the people of the f lowing prayer: Rhode Island diocese. Bishop Wolf is a EXPRESSING APPRECIATION Almighty God, to the poor, You have remarkable person, a remarkable pas- united us to bring uncommon hope; to tor but also a remarkable individual. Mr. REID. Mr. President, as the innocent captives, release; to the blind, Unlike many people who would be con- Chair and distinguished majority lead- vision, stretching boundaries of imagi- tent with the trappings of their ecclesi- er know, I am sorry we have spent so nation. astical office, she actually has lived much time on judges, but the fact is I The poor in every land stretch out with the homeless in New York, Rhode wish to express my appreciation to empty bowls, and we do not fill them; Island, and Philadelphia. She endured Democratic Senators for being so coop- political captives seek justice, and we what they endured, she saw their suf- erative. Since the agreement was made respond through the captivity of fear; fering. She bore witness to their suf- a week or two ago, my Senators have the sick yearn for healing arts, yet the fering not only in her experiences but been so cooperative. Senator LEAHY cries of children still prevail. her work in Rhode Island. She is a re- has had to change his whole schedule O gracious God, You gave us a rich markable woman who leads by example around this Monday to take care of the heritage of compromise, and we cling literally and constantly reminds us of Griffith nomination. There has been an unyieldingly to personal truths; You our obligations not just to ourselves agreement made that we are not going gave us a world abundant in resources, but to our neighbors. We are very to use all the time on Pryor. and we squander our inheritance; You proud to have her as our Episcopal I also express my appreciation to gave us wisdom and insight, and our bishop. Senators LEVIN and STABENOW for al- disagreements sound like loud-clanging I yield the floor. lowing us to move forward on the symbols. f Michigan judges. In spite of the fact O God, forgive us. Release the fires of that there are some hurt feelings as a integrity that dwell within the hearts RECOGNITION OF THE MAJORITY result of the way the Michigan Sen- of this great Chamber, and make us ur- LEADER ators were treated, they have agreed to gent to mend the torn fabric of peace, The ACTING PRESIDENT pro tem- set those aside and move forward on to stretch courageously beyond polit- pore. The majority leader is recog- these two individuals. From all I have ical comfort, and to bring holy bless- nized. been able to determine, the two Michi- ings to all God’s people everywhere. f gan judges coming before us are well Amen. qualified, and there will not be any f SCHEDULE rancorous debate about either one of PLEDGE OF ALLEGIANCE Mr. FRIST. Mr. President, this morn- them. But I just want the majority ing we will return to the nomination of leader to know that we have moved for- The Honorable JOHN E. SUNUNU led William Pryor to be a judge of the ward on these matters as expeditiously the Pledge of Allegiance, as follows: Eleventh Circuit. Yesterday, cloture as possible, in spite of the relatively I pledge allegiance to the Flag of the was invoked by a vote of 76 to 32, and difficult time we have had arriving at United States of America, and to the Repub- we will have the vote on the Pryor this point. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. nomination at 4 p.m. today. Following I look forward next week to a vig- that vote, we will turn to the consider- orous debate on the Energy bill. It is f ation of the two Sixth Circuit nomina- great that we are going to be legis- APPOINTMENT OF ACTING tions that are pending on the Execu- lating here for a change. This is an ex- PRESIDENT PRO TEMPORE tive Calendar, with the time allotted tremely important piece of legislation. The PRESIDING OFFICER. The for the Griffin and McKeague nomina- I am also indicating to all those within clerk will please read a communication tions totalling 10 hours. However, it is the sound of my voice how appre- to the Senate from the President pro my hope and expectation that much of ciative—I don’t think the word tempore (Mr. STEVENS). that time can be yielded back and that ‘‘proud’’ is right but how appre- The legislative clerk read the fol- we can have those votes either very ciative—I am of the work of Senators lowing letter: late this afternoon or early this BINGAMAN and DOMENICI to get the bill U.S. SENATE, evening. On Monday, we will debate the to this point. PRESIDENT PRO TEMPORE, nomination of Tom Griffith to be judge We haven’t had such cooperation on Washington, DC, June 9, 2005. for the D.C. Circuit Court, with that this committee in many years. We have To the Senate: vote occurring Monday evening. a bill now that was reported out by a Under the provisions of rule 1, paragraph 3, That is an overview of today, pretty heavy margin of the committee, and I of the Standing Rules of the Senate, I hereby much as we have agreed earlier in the think as a result of that we will have appoint the Honorable JOHN E. SUNUNU, a Senator from the State of New Hampshire, week, and the expected votes. We will some vigorous debate. There are some to perform the duties of the Chair. update Members over the course of the things on this side we believe should be TED STEVENS, day of changes in the schedule and defi- done differently, but that is what legis- President pro tempore. nitely what the schedule will be on lation is all about. Again, having spent

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

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12066 CONGRESSIONAL RECORD—SENATE June 9, 2005 most of my life as a legislator, I look the small companies’ assets or their more than half of our oil supply, we forward to the Senate returning to bottom lines, they invest less, they in- simply put ourselves at greater risk. what it does best. vest less in inventory or in capital ex- While there is no silver bullet that Mr. FRIST. Mr. President, I think penditures, or they invest less in how can make us 100-percent energy inde- this 4-week period does demonstrate much they can pay employees working pendent in the near future, there is a the Senate responding to the American for that small business. In order to lot we can do right now to reduce our people and what they expect, the fact keep our economy strong, and it does dependence and enhance our security. that this week we are moving forward translate down into jobs, making oth- Much of it will be addressed on the on judges, which people know has been ers’ lives more fulfilling every day, we floor in the next 2 weeks. very contentious over the last several must rely on a reliable and affordable Everything should be on the table, weeks, months, and even the last cou- and secure supply of energy, reliable, including increasing conservation, en- ple years. We are making great affordable, and secure. That is the pur- hancing energy efficiency, investing in progress working hand in hand on both pose of the Energy bill that will be new technologies that will allow us to sides of the aisle and delivering what brought to the floor of the Senate early both use energy more wisely and tap the American people want and expect. next week. new sources of energy, and finally, in- As the Democratic leader said, we will Right now, we face enormous chal- creasing domestic production of energy be returning to an issue I know we care lenges, huge challenges. We have not sources at home. The transportation extremely about. We have not been had a comprehensive national energy sector is a prime example. Nearly 70 able to make progress in several years. policy or energy strategy, cohesive percent of the oil we use goes to power Because of the work of the two leaders, strategy in over 10 years. This has con- the cars and trucks we drive every day. Senators DOMENICI and BINGAMAN, they tributed to the higher prices. It has If we are serious about reducing our de- have delivered an energy bill in a bi- threatened our ability to maintain a pendence on foreign oil, we must look partisan way that will come to the reliable, affordable, and secure supply for new ways to fuel our vehicles. We Senate floor and be fully debated. We of energy for the future. The fact is are already doing this with the hybrid will be spending next week, week and a that—and it is probably the easiest cars—they are becoming more and half, 2 weeks on the bill for debate, of- thing to remember when you start more popular, as we all know—and fering amendments, and we will start talking about energy other than the with alternative fuels, such as ethanol that process in the early days of next impact it has on everybody in everyday and biodiesel. week. life—we are too dependent on foreign We must continue to move in this di- f sources of energy. We have to look to a rection by continuing to invest in hy- more diverse energy series of sources. drogen fuel cell research. President ENERGY INDEPENDENCE We have to look to new technologies Bush has stressed this again and again, Mr. FRIST. Mr. President, I do wish here at home. Yes, absolutely we need and he has said his goal is that today’s to comment just a bit further on en- to conserve more, and we also need to children will take their driver’s test in ergy, really as a prelude to what we produce more in order to enhance our a zero-emission vehicle. That would go will be spending a lot of time on begin- energy independence and to enhance a long way toward helping to reduce ning hopefully Monday and then spend- our energy security. our dependence and enhance our secu- ing the course of that week into the One of the primary energy challenges rity. next week, and that is the issue sur- we face is this reliance on foreign oil. Natural gas is another energy source rounding gasoline prices, natural gas In the 1960s and early 1970s, the United we depend on heavily and is another prices, concerns that individuals think States produced almost as much oil as area in which we are, unfortunately, about every single day as they turn on we consumed, and during that period of becoming increasingly reliant on for- the lights in their home, as they go to time imports were very small. In 1972, eign imports. Because natural gas is work, on the way filling up the gas however, U.S. oil production began to clean burning and relatively cheap, it tank of their automobile with gasoline, decline, and that production has been has been the fuel of choice for new as they use energy sources over the declining steadily ever since. The U.S. electric power generation in recent course of the day in the activity of consumption of oil has been steadily years. Sixty percent of American their small business, and that is the increasing. So we have declining pro- homes are now heated and cooled with energy challenges that are before us, duction and increasing consumption. natural gas. But while that demand has have been before us. Now is the time to As a result, our reliance—this I been growing, domestic supply has re- address them, and that we will. would say irresponsible reliance that mained essentially flat. In 2003, we im- With gasoline now averaging over $2 we have today on foreign oil, on im- ported 15 percent of the gas we used. a gallon, anyone who has gone to the ported oil—is growing. Ten years ago, By 2025, that number will nearly dou- pump lately feels that impact, they in 1995, we were 47 percent dependent ble. feel that squeeze of higher energy on foreign sources of oil. Today, that 47 We simply cannot continue on this prices. It is costing families who have percent has grown to a 56-percent de- path, and that is why we are bringing driven to work this morning more and pendence on foreign sources of oil. If this bill to the floor next week. We more just to get to work, over the last you project that out, by 2025, if we do need to take bold action in the Senate. several years costing them more to go nothing, we will be 68-percent depend- It is what the American people expect; pick up their kids from school in the ent on foreign oil; much of it, as we all it is what they deserve. This is exactly afternoon, or as many people prepare know, coming from countries that do what we will do. We will take that ac- for summer vacations costing them not necessarily have our best interests tion in the Senate to address these en- more because of this increase in energy at heart. ergy challenges head on. prices. It is not just the gasoline prices Today we import most of our oil from The bill that was reported out of the that are climbing. We have rising nat- Canada, Venezuela, Saudi Arabia, and Energy Committee last month was ural gas prices that have been driving Mexico. However, as we look forward, done so on a bipartisan basis, and it is up electric bills in the last 4 months, the Department of Energy’s Energy In- a step in the right direction. It likely higher electric bills for everybody, es- formation Administration did project will be amended and improved on the pecially families and small businesses. more and more of the oil we need will floor of the Senate next week. I, again, As energy costs take a bigger and come from the OPEC countries in the thank Chairman DOMENICI and Senator bigger bite in the family budgets, fami- Middle East. BINGAMAN for their tremendous work lies are able to spend less on other ne- We must take steps to reduce our de- and for the cooperative spirit with cessities in their lives, whether it is pendence on foreign countries and en- which they approached these issues. I food or shelter or health care. As elec- hance our energy security at home. hope that same bipartisan spirit will tric bills consume more and more of When we rely on other nations for prevail on the floor and that we can get

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12067 this important legislation to the Presi- him a recess appointment to the Elev- I say this because it was alleged dent as quickly as possible. enth Circuit Court of Appeals after his when his nomination came up that Several of us had the opportunity to nomination had been blocked here now somehow he had strongly held beliefs, meet with the President yesterday, and for over 2 years. So it has been a bur- or deeply held beliefs, and those deeply this was at the very top of his list of den for me to feel the frustration that held beliefs were so powerful that, yes, issues that he expects us to address. I know he and his family must endure he might be smart, he might be a good Our goal is to get that legislation to as a result of the uncertainty of his lawyer, he might be an honest man and his desk for his signature as soon as we nomination process. I could not be all of these things people said he was, possibly can. more pleased that he was one of the but because he had strongly held be- America needs a policy that keeps nominees who was agreed upon to get a liefs and believed something and had our families safe, strong, and secure, a cloture vote, a successful cloture vote some convictions and had some moral policy that keeps America moving for- and an up-or-down vote here in the principles, that somehow that couldn’t ward. Senate. That is a good decision by the be trusted. Maybe he wasn’t smooth Mr. President, I yield the floor and 14 Senators who reached a consensus enough. Maybe his beliefs were so suggest the absence of a quorum. on how they would approach this proc- strong this would manipulate or cause The ACTING PRESIDENT pro tem- ess of confirmations. I could not be him to manipulate the law and not be pore. The clerk will call the roll. more pleased and proud that Judge Bill a fair adjudicator of the law. The legislative clerk proceeded to Pryor was part of the group that was agreed upon by those Members of the I will share some thoughts about that call the roll. because I think what that overlooks is Mr. SESSIONS. Mr. President, I ask Senate to get an up-or-down vote. Bill Pryor is the kind of judge Amer- his fundamental belief and great unanimous consent the order for the ica ought to have. He grew up in Mo- strength as a judge and a lawyer, which quorum call be rescinded. bile, AL, my hometown. He was edu- is his belief in the law and the primacy The PRESIDING OFFICER (Mr. MAR- cated in the Catholic school system. of the law. He understands, fundamen- TINEZ). Without objection, it is so or- His father was a band director at tally, the greatness of our country, dered. McGill-Toolen High School, a vener- more than most people realize, is f able, large Catholic high school there. founded upon our commitment to law. RESERVATION OF LEADER TIME His mother taught in African-Amer- We were given a great heritage from ican schools. He went to law school at England. We have built upon that legal The PRESIDING OFFICER. Under Tulane University where he graduated heritage. As I age and see the world, I the previous order, the leadership time with honors, magna cum laude. He was know this legal system is what makes is reserved. editor-in-chief of the Tulane Law Re- our country great. A person can go into f view. I know the Presiding Officer, the any court, a company can invest in any EXECUTIVE SESSION Senator from Florida, is a lawyer and State, and expect in this country they understands that editor-in-chief of the will get a fair day in court. You don’t Law Review is the highest honor a have to bribe the judge; you don’t have NOMINATION OF WILLIAM H. graduating senior can have. To be se- to bribe the jury. You can expect a fair, PRYOR, JR., TO BE UNITED lected as that in a fine law school such just result, day in, day out, and it oc- STATES CIRCUIT JUDGE FOR as Tulane is a great achievement. curs in our courtrooms all over Amer- THE ELEVENTH CIRCUIT After he left law school, he clerked ica. It is a heritage of unparalleled for Circuit Judge John Minor Wisdom, value and we must uphold that herit- The PRESIDING OFFICER. Under a well-known champion of civil rights age. We must adhere to the ideal that the previous order, the Senate will pro- in the Federal court system—at that law can be ascertained by a good judge ceed to executive session to resume time in the old Fifth Circuit. Now it and enforced consistently when liti- consideration of Calendar No. 100, has been divided to become the Elev- gants come before that judge. That is which the clerk will report. enth Circuit. Judge John Minor Wis- what we pay judges to do. The assistant legislative clerk read dom was a circuit court judge in the the nomination of William H. Pryor, I want to say the first and foremost 1950s and 1960s when much of segrega- legal principle of Judge William Pryor Jr., of Alabama, to be United States tion was brought to an end by Federal Circuit Judge for the Eleventh Circuit. is that a judge should follow the law, court action. Bill Pryor was positively and he has a record to demonstrate it, The PRESIDING OFFICER. Under impacted by his experiences, working the previous order, the time from now even when it disagrees with his per- with Judge Wisdom, and is a passionate sonal views. until 10:30 shall be under the control of believer in equal rights and equal jus- the majority leader or his designee. tice, and he has a record to dem- First, on the issue of abortion, Judge The Senator from Alabama is now onstrate that commitment. Pryor has made clear he personally recognized. He practiced law with one of Ala- does not believe in abortion. He does Mr. SESSIONS. Mr. President, I am bama’s fine law firms before becoming not believe it is right. He believes it is delighted to be able to speak on behalf assistant attorney general when I was wrong. It is not just because he is a of William Pryor—Judge William elected attorney general. He handled Catholic, it is not just that his views Pryor now—for the position of U.S. Cir- the constitutional issues in our office. are consistent with the Pope’s or the cuit Judge for the Eleventh Circuit He was smart, hard working, coura- Catholic Church of which he is a part, Court of Appeals. He is an extraor- geous, intelligent, fair and, more than or many other churches and leaders in dinary individual, a wonderful human anybody I know in the legal business our country, but he has thought about being, a brilliant lawyer, a man of the today, was committed to the rule of this issue personally and deeply. He highest integrity, who has won the re- law, to doing the right thing. That is has given it serious consideration. He spect and support and confidence of the his very nature. That is the way he was has made a judgment that, in his view, people of Alabama to an extraordinary raised. That is what he believes in and life and freedom and liberty in our degree. Democrats, Republicans, Afri- he will stand in there and do the right country are diminished if the unborn can Americans—the whole State of thing, no matter what others might are not given protection. That is a le- Alabama knows and respects him for say, time and time again. His record gitimate position in America, held by the courage and integrity and commit- demonstrates his overriding belief that tens of millions of people and many ment he brings to public service. the law is preeminent and it should be leaders in this country. Certainly no He was appointed attorney general to obeyed, even if he might disagree and one can deny that. Certainly, because fill my seat after I was elected to the would like to see it different. I want to someone believes the pro-life way is Senate, and he has done a superb job as show some of the things that dem- the best way, they should not be dis- attorney general. President Bush gave onstrate that. qualified from being a judge.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12068 CONGRESSIONAL RECORD—SENATE June 9, 2005 He has concluded Roe v. Wade was to even attempt to enforce the Ala- guments. He did not believe they were not a principled constitutional deci- bama statute, because it had been held consistent with Supreme Court prece- sion. Ruth Bader Ginsburg, the ACLU unconstitutional by the Supreme Court dent and did not believe that the attor- lawyer who President Clinton nomi- of the United States. ney general for the State of Alabama nated to the Supreme Court of the I don’t know that attorneys general ought to make arguments that the Su- United States, has also raised ques- do that often. They do not have to do preme Court had already rejected. tions about the constitutional integ- that. They can let the district attor- When Judge Moore ultimately re- rity of Roe v. Wade. That is his view neys make their own decision. But he fused to remove that statue of the Ten about it. felt that was the right thing to do and Commandments, as ordered by a Fed- What does that mean, though, when he did so. In his letter he said: ‘‘You eral judge, Attorney General Pryor was it comes to court? Someone’s personal are obligated to obey Stenberg.’’ That responsible for prosecuting Judge views on those matters obviously can- is a clear directive to them. Moore before the Judicial Inquiry Com- not be the test of whether a person will When there were threats on abortion mission. It was his duty as attorney go on the bench. Personal views are not clinics, Judge Pryor held a high-profile general under the law to prosecute and the answer here. We cannot look at press conference in the State warning present that case. He did so with fidel- someone’s religious faith or their per- of prosecutions for those who partici- ity to duty and effectiveness. The Com- sonal views and say: I disagree with pated in those attacks. He said those mission made a decision and removed your religious values here, I disagree attacks on abortion clinics—although Chief Justice Moore duly elected by with your theology there, therefore he certainly did not favor abortion the people of the State of Alabama you cannot be a judge in the United clinics—were ‘‘despicable crimes’’ from office as chief justice. States of America. against our fellow citizens that would They said he is some sort of religious Are we going to ask Muslim nomi- not be tolerated and that he would extremist. It is just not so. He is com- nees to reject their faith before we prosecute people who did so. mitted, as you can see, to what the law allow them to be confirmed, or some There are some who said his views on says. In fact, after this controversy other religious entity with views dif- church and state are incorrect. I will over the prayer in schools with the ferent than I may have or someone else dispute that. I will show he has been Governor, Attorney General Pryor felt may have? Of course not. That cannot courageous in following the law of the it was his duty to clarify for school be. The test for nominees always must United States in this area, as well. boards and school principals all over the State what the law actually was, so be: Do they respect the law and will Former Gov. Fob James of Alabama, he wrote them a letter defining what they follow it? a strict constructionist, conservative, Judge Pryor’s record shows he will. and independent Governor if there ever could be done with student-led prayers In August of 1997, not long after I had was one—and he appointed Judge Pryor in school and what could not be done been elected to the Senate and he had to be the attorney general—wanted and what had been held unconstitu- become attorney general, Alabama Judge Pryor to defend prayer in tional by the Supreme Court. The Atlanta Journal-Constitution, a passed a partial-birth abortion ban to schools. He thought that schools had a liberal newspaper in Atlanta, praised ban partial-birth abortion—a particu- right to have prayer. He wanted his at- him for his letter and his definition of torney general, whom he just ap- larly heinous act, in my view, there is the appropriate and inappropriate ex- pointed, to defend it and go to court strong feeling that this is not a good pressions of religious faith in schools. and decent procedure and that it ought and to argue in court that the First And, in fact, the Clinton administra- to be eliminated. Amendment says ‘‘Congress shall make tion not long thereafter issued their Judge Pryor certainly opposes par- no laws respecting the establishment of own guidelines for schools incor- tial-birth abortion. But as attorney a religion or prohibiting the free exer- porating much of what Attorney Gen- general he exercised his supervisory cise thereof.’’ In Governor James’s eral Pryor had put in his letter. power over the district attorneys of the view, that meant Congress could not Some have said, in attacking him, State of Alabama, as given to him as pass any such laws, but the State of that he does not believe in racial equal- attorney general, and on his own ini- Alabama could and that the Constitu- ity; that he does not believe in voting tiative—nobody made him do this—he tion did not apply to the State of Ala- rights; and that he is out of the main- wrote the district attorneys in Ala- bama with regard to those rights under stream with regard to those issues in bama a letter and he instructed them— the First Amendment. Many have tried the State. Nothing could be further gave them instructions—to utilize only to make that argument, but the Su- from the truth. For example, on the a restrictive interpretation of that preme Court has held otherwise. 40th anniversary of former Gov. George statute, because he concluded that por- Though Judge Pryor had just been Wallace’s infamous speech in which he tions of the statute were overbroad and appointed attorney general by Gov- said, on his inauguration, ‘‘segregation unconstitutional. The pro-life forces in ernor James, he had the courage and today, segregation tomorrow, segrega- Alabama were angry with this pro-life followed his duty and just said no to tion forever,’’ Bill Pryor was inaugu- attorney general because he had fol- the Governor. He told the Governor he rated as attorney general. He won by 60 lowed the law. He had restricted by his could not argue that the Establishment percent of the vote. In his inaugural opinion the breadth of that statute; Clause did not apply to the States, be- speech he changed those famous words one even said he gutted the statute. cause the Supreme Court had already to his own philosophy. This is how he But he did the right thing in 1997, long held that it did. The Governor then had began his inaugural speech: ‘‘Equal jus- before he was ever considered for a to hire his own lawyer to promote his tice under the law today, equal justice Federal judgeship. idea of the First Amendment. under the law tomorrow, equal justice Three years later, the Supreme In Attorney General Pryor’s brief to under the law forever.’’ That is his Court, in the Stenberg case, struck the Federal court, he wrote, correctly, view. That is his belief. That is who he down further the partial-birth abortion that as attorney general, he spoke for is. It is absolutely unfair, wrong, and statutes of many States. Judge Pryor, the State of Alabama and not Governor even worse, really, to suggest other- then-attorney general, wrote the dis- James who had just appointed him. wise. trict attorneys another letter and told Judge Pryor followed the rule of law One of the things that was an issue in them the statute banning partial-birth again when Judge Roy Moore asked the State raised by a State representa- abortions in Alabama was unconstitu- him to make certain arguments in de- tive, an African American, Alvin tional. He did not have to do that. He fense of the Ten Commandments statue Holmes, was that Alabama’s Constitu- believed personally that abortion was that Judge Moore had placed in the tion still had language in it that wrong. He believed that partial-birth Alabama Supreme Court building. At- banned interracial marriage, an old abortion was certainly wrong. But he torney General Pryor considered the segregationist provision. It was uncon- wrote them a letter and told them not request and refused to make those ar- stitutional, could not be enforced, but

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12069 the words were still in that constitu- Democrats and African Americans. lawyer, one of the top trial lawyer tion. Mr. Holmes believed it ought to They appreciated that. They knew he Democrats in America, and virtually be taken out. was a man of principle and integrity every newspaper in the State supports Attorney General Bill Pryor agreed and decency. They have appreciated Judge Pryor. The very liberal Anniston with him. He did not think that was those kind of acts they have seen him Star newspaper, which supports the fil- right. He thought that was a blot and a carry out. ibuster of judges here by Democrats, a stain on Alabama’s Constitution and it He has taken a strong lead on rights fine newspaper, but they have been ought to be removed. He took action to for women as well as minorities. While very much a Democratic newspaper— do so. He mentioned it in his inaugural he has been attacked in the Senate for they have supported the filibustering address as one of his priorities, and he an argument he made regarding a tech- of judges, which I certainly do not led the fight to remove it from Ala- nical flaw that was in the Violence agree with—but they support Judge bama’s Constitution. That has resulted Against Women Act passed by this Pryor. They say he ought to be con- in the steadfast support for his con- Congress, his true record on women’s firmed. ‘‘He is the kind of person we firmation by State representative issues is reflected in his history of ought to have on the bench,’’ the An- Alvin Holmes, who said more than any fighting to protect women from domes- niston Star said. They know his record other person—White officeholder in the tic abuse. of independence and courage. They State—Judge Pryor stood up to remove He is a supporter of Alabama’s Penel- know he is the kind of person we need this stain from our constitution. ope House and participates in their on the bench. He said: ‘‘I’ll call anybody you want yearly luncheon where they recognize So in closing, I want to say that I be- me to. I’ll come to Washington to the importance of partnering with law lieve Judge Pryor has demonstrated speak on his behalf. This is a good enforcement to eradicate domestic time and again the kind of courage and man.’’ Alvin Holmes was arrested dur- abuse. He testified before Congress in commitment to principle that are the ing the civil rights marches for stand- 2003, stressing the importance of the very values we need judges to possess. ing up for freedom. No one in the State Violence Against Women Act. He We do not want people on the bench of Alabama will deny that he does not championed a bill in Alabama to in- who do not have any beliefs. We do not believe in equal justice and civil rights crease the penalties for repeat viola- want people who do not have any val- and in progress for African-American tions of protection from abuse orders ues. citizens. by judges for ordering people to cease As LAMAR ALEXANDER, our colleague, I have another example of Bill Pry- abusing their spouses. This is the true once said, ‘‘Judge Pryor has shown or’s fairness in handling issues before record of Bill Pryor. He has been a courage in a Southern State unlike the State. Republicans challenged a leader in the fight against domestic anyone he has ever seen before.’’ He State redistricting plan which, in fact, abuse throughout the State. He has in- said it has almost looked like political is quite favorable to the Democrats. It credibly strong support by all the wom- suicide, some of the things he has done. was a gerrymandered plan that favored en’s groups who advocate that, includ- But regardless of the cost, he has al- the Democrats. For example, five out ing Judge Sue Bell Cobb on the Ala- ways done the right thing. That is of the seven Congressmen in Alabama bama Court of Criminal Appeals, who what makes him an ideal candidate for are Republican. The Governor and both is a Democrat and who has fought for the Eleventh Circuit. Senators are Republicans. But only a these women’s issues for years. He is brilliant. He loves the law. He third of the legislature are Repub- What about other people in the studies it. He cares about it. He wants licans. Part of that is the way they State? How do they think of him? to see it be better and better and bet- drew the lines. Republicans were not Judge Pryor has won the support of ter. He will give his life to that, and happy with it. They challenged it on a people such as Joe Reed, probably the you can take it to the bank. He will number of grounds. But Bill Pryor who most powerful political person in the treat everybody before him fairly. is the attorney general for the State of State who is an African American. He I thank the Chair, yield the floor, Alabama. He is the lawyer for the is on the Democratic National Com- and suggest the absence of a quorum. State of Alabama. He is a Republican. mittee. He chairs the Alabama Demo- The PRESIDING OFFICER. The He felt it was his responsibility to de- cratic Conference. He strongly supports clerk will call the roll. fend the duly enacted laws of the State Judge Pryor. The assistant legislative clerk pro- legislature. He represents the State. Another Pryor supporter is Congress- ceeded to call the roll. The State passed the redistricting man ARTUR DAVIS, an African-Amer- Mr. SESSIONS. Mr. President, I ask plan. It was his responsibility to defend ican Congressman and Harvard Law unanimous consent that the order for it. He did not make some of his friends, School graduate. Alvin Holmes, I men- the quorum call be rescinded. and some of my friends, happy. They tioned earlier, is one of the most out- The PRESIDING OFFICER (Mr. EN- did not like that. spoken African-American leaders in SIGN). Without objection, it is so or- He defended it on a number of the legislature. Yesterday, I had him in dered. grounds. One was a technical proce- my office, an African-American State Mr. SESSIONS. Mr. President, I dural basis of standing. He said the senator who has been in the Senate for thought it would be important to share plaintiffs did not have standing. They many years. I said: ‘‘Senator, do you in more detail some of the broad bipar- went to the Eleventh Circuit Court of know an African American—I asked tisan support that exists in the State Appeals, on which he now sits as a re- him, did he know of a single elected of Alabama by those who know Judge sult of an interim recess appointment, public official in the State who was op- Pryor. These are Democratic leaders, and they ruled against him. So the Re- posed to Judge Pryor for this appoint- people who are African Americans, who publicans said: Boy, this is over now. ment?’’ He said: ‘‘No, I don’t know of a have been involved in the State for We will win this thing. He said: No, the single one. They know he has given many years, who are sensitive to good court of appeals made an error. I be- them a fair shake, sometimes even to judgment and good leadership. I want lieve that you do not have standing to the point of taking serious criticism to share some of the comments some of bring this suit. I believe your appeal is for it. He has been courageous and these people have written on behalf of not, therefore, well taken. I believe I steadfast in standing up for equal jus- Judge Pryor. have a duty as attorney general to de- tice under the law, which is his guiding First, Congressman ARTUR DAVIS of fend the duly enacted laws of the State principle as a judge and as attorney the 7th Congressional District wrote of Alabama. general.’’ this letter. Congressman DAVIS is a He appealed to the U.S. Supreme There is almost, in fact, universal Harvard Law graduate and a very fine Court and won in the U.S. Supreme support for Judge Pryor. Former young Congressman. He said this: Court defending a legislative reappor- Democratic Governor Don Siegelman, I understand that the President may tionment plan that clearly favored Jerry Beasley, the State’s top trial be considering Attorney General Bill

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12070 CONGRESSIONAL RECORD—SENATE June 9, 2005 Pryor for a seat on the Eleventh Cir- large part by actions of Federal courts. with the law, that he always followed cuit. I have the utmost respect for my There is no mistaking in his mind on the law to its fullest extent, not to in- friend Attorney General Pryor and I this question. This is what he said: terpret it as he saw fit but to execute believe if he is selected, Alabama will [Attorney General Pryor] is a person, in it as he knew it was intended. be proud of his service. my opinion, who will uphold the law without I am not a lawyer. I am a real estate Alabama House of Representatives fear or favor. I believe all races and colors guy and a politician. Obviously, we member Alvin Holmes wrote this: will get a fair shake when their cases come deal a lot in words but not nearly the As one of the key civil rights leaders in before him. As Attorney General for Ala- discipline of the specifics of the law. I Alabama who has participated in basically bama during the past six (6) years, he has am a citizen of the United States, a fa- been fair to all people. . . .For your informa- every major civil rights demonstration in ther, and a businessman. I care deeply America, who has been arrested for civil tion, I am a member of the Democratic Na- tional Committee and, of course, Mr. PRYOR about the men and women who will sit rights causes on many occasions, as one who on the bench of our highest courts. If was a field staff member of Dr. Martin Lu- is [a] Republican, but these are only party ther King’s SCLC [Southern Christian Lead- labels. I am persuaded that in Mr. PRYOR’s we can have a man with common sense ership Conference], as one who has been bru- eyes, Justice has only one label—justice! and a commitment to right and doing tally beaten by vicious police officers for Mr. President, those are just some of what is right, then we have provided a participating in civil rights marches and the comments we have received from great service to the people. demonstrations, as one who has had crosses prominent Alabama leaders of a dif- I also rise as an extension of a great burned in his front yard by the KKK and ferent party, a different race, who care Georgian who has submitted a letter, other hate groups, as one who has lived about justice in America, who have a on behalf of Judge Pryor, from which I under constant threats day in and day out record of fighting for it, and who be- would like to quote. because of his stand fighting for the rights of I also ask unanimous consent that blacks and other minorities, I request your lieve Judge Pryor shares their values swift confirmation of Bill Pryor to the 11th in that regard. the entire letter be printed in the Circuit because of his constant efforts to Mr. President, I thank the Presiding RECORD. help the causes of blacks in Alabama. Officer and yield the floor. I see my There being no objection, the mate- Is that a credible voice? I submit to colleague from Georgia has arrived. We rial was ordered to be printed in the you it is. appreciate and look forward to hearing RECORD, as follows: The Honorable Sue Bell Cobb, a judge from him. DEPARTMENT OF LAW, on the Alabama Court of Criminal Ap- The PRESIDING OFFICER. The Sen- Atlanta, GA, March 31, 2003. peals for quite a number of years, who ator from Georgia is recognized. Hon. RICHARD SHELBY, has been involved in the Children’s Mr. ISAKSON. Mr. President, first, if U.S. Senate, Hart Senate Office Building, Washington, DC. First Program in Alabama, who has the Senator from Alabama will remain Hon. JEFF SESSIONS, been involved in women’s issues in Ala- for a minute, I took the occasion, last U.S. Senate, Russell Senate Office Building, bama over a number of years, and who week or 2 weeks ago, to spend a rather Washington, DC. has had occasion to work with Attor- extensive time on the floor, on 2 days, DEAR SENATORS: I have had the great ney General Bill Pryor, wrote this: talking about Janice Rogers Brown of pleasure of knowing and working with Bill I write, not only as the only statewide Alabama, whose appointment was con- Pryor over the past five years. Through the Democrat to be elected in 2000, not only as a firmed by this Senate. I had the pleas- National Association of Attorneys General, member of the Court which reviews the ure to meet Justice Brown and meant Bill and I have worked together on matters of mutual concern to Georgia and Alabama. greatest portion of General Pryor’s work, every word I said. but also as a child advocate who has labored During that time, Bill has distinguished But I rise today to talk about Judge himself time and again with the legal acu- shoulder to shoulder with General Pryor in Pryor because of my tremendous per- the political arena on behalf of Alabama’s men that he brings to issues of national or children. . . . Bill Pryor is an outstanding sonal admiration for a man whom I regional concern as well as with his commit- attorney general and is one of the most have not met but know so much about ment to furthering the prospects of good and righteous elected officials in this state. He because of the way he has conducted responsive government. possesses two of the most important at- himself as a human being and as an at- During his tenure as Attorney General, tributes of a judge: unquestionable integrity torney general. Bill has made combating white-collar crime and a strong internal moral compass. . . . and public corruption one of the centerpieces I know he succeeded the distin- of his service to the people of Alabama. He High praise, I submit. She goes on: guished Senator from Alabama as at- joined the efforts of Attorneys General Bill Pryor is exceedingly bright, a lawyer’s torney general; is that not correct? around the country in fighting the rising lawyer. He is as dedicated to the ‘‘Rule of Mr. SESSIONS. Correct. tide of identify theft, pushing through legis- Law’’ as anyone I know. I have never known Mr. ISAKSON. So he obviously had a lation in the Alabama legislature making another attorney general’’ I guess that in- good role model to follow. Senator SES- identity theft a felony in Alabama. Bill has cludes this one standing before you ‘‘who SIONS’ leadership, obviously, contrib- fought to keep law enforcement in Alabama loved being the ‘people’s lawyer’ more than uted greatly to Judge Pryor’s distin- armed with appropriate laws to protect Ala- Bill Pryor. Though we may disagree on an guished service. bama’s citizens, pushing for tough money issue, I am always confident that the posi- laundering provisions and stiff penalties for tion is a product of complete intellectual But the reason I rise on the floor of trafficking in date rape drugs. honesty. He loves the mental challenge pre- the Senate for a second and confirm Time and again as Attorney General, Bill sented by a complex case, yet he never fails the reason I am so positively going to has taken on public corruption cases in Ala- to remember that each case impacts people’s cast my vote for his confirmation to bama, regardless of how well-connected the lives. the Eleventh Circuit is because he has defendant may be, to ensure that the public I share with you another statement a magna cum laude degree in law from trust is upheld and the public’s confidence in by Joe Reed, an African American, a Tulane University, but he has a mas- government is well-founded. He has worked leader in the State for 30 or more ter’s degree in common sense. He has a with industry groups and the Better Business Bureau to crack down on unscrupulous con- years, probably the preeminent Afri- Ph.D. in courage. tractors who victimized many of Alabama’s can-American leader in the State over If you study Judge Pryor’s record, more vulnerable citizens. the last 35 years. He chairs the Ala- over and over again, he continues to From the time that he clerked with the bama Democratic Conference. He is a lead himself to decisions based on the late Judge Wisdom of the 5th Circuit to the member of the Democratic National fundamental principle, belief, that in present, though, the most critical asset that Committee. He is a vice chairman of all cases you do what is right. Bill Pryor has brought to the practice of law the Alabama Education Association. I listened to nearly all of the speech is his zeal to do what he thinks is right. He Dr. Joe Reed has always understood of the distinguished Senator from Ala- has always done what he thought was best for the people of Alabama. Recognizing a the importance of Federal courts. He bama. He recited so many examples of wrong that had gone on far too long, he took has understood that the civil rights where a statement that Judge Pryor the opportunity of his inaugural address to and liberties of African-American citi- might have made in the past did not call on an end to the ban on inter-racial mar- zens were enhanced and provided in guide him to a decision when it differed riages in Alabama law. Concerned about at-

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12071 risk kids in Alabama schools, he formed a wrong that has gone too far [and too long], William H. Pryor, Jr., to be a U.S. cir- Mentor Alabama, a program designed to pair he took the opportunity in his inaugural ad- cuit judge for the Eleventh Circuit. volunteer mentors with students who needed dress to call on an end to the ban on inter- Many of my colleagues know that I a role model and an attentive ear to the racial marriage in the State of Alabama. am Catholic by religion and belief. As problems facing them on a daily basis. Concerned about at-risk kids in schools, he These are just a few of the qualities that I formed Mentor Alabama, a program designed such, I have watched the debate over believe will make Bill Pryor an excellent to pair volunteer mentors with students who Judge Pryor, an acknowledged devout candidate for a slot on the 11th Circuit Court needed a role model and an attentive ear to Catholic, with much interest. of Appeals. My only regret is that I will no the problems facing them on a daily basis. I start by saying, and I want to be longer have Bill as a fellow Attorney General As a member of the legislature in very clear about this point, that I do fighting for what is right, but I know that Georgia, one who worked on kids’ pro- not believe any of my colleagues are his work on the bench will continue to serve grams, I know so much about the value anti-Catholic. However, I am becoming as an example of how the public trust should of mentoring and the programs estab- increasingly concerned about the ap- be upheld. parent creation of some kind of reli- Sincerely, lished such as Mentor Alabama that THURBERT E. BAKER. fundamentally change lives. For a man gious litmus test for nominees. I would like to provide a sample of some of the Mr. ISAKSON. The attorney general whose job it is to prosecute the law on questions posed to Judge Pryor during of the State of Georgia is my dear behalf of the people of Alabama, to il- his confirmation process that I think friend, Thurbert Baker. He is a Demo- lustrate his desire for the future by, at justify my concern that a nominee’s re- crat, an African American, and a close the same time, developing a mentoring ligion is becoming some kind of a cen- friend with whom I served in the Geor- program so that the youth of Alabama tral part of the confirmation process. gia House of Representatives. On would go on the right track in life—not It concerns me when, in the Judici- March 31, 2003, Thurbert Baker wrote the wrong—shows his absolute commit- ary Committee, statements such as to Senator RICHARD SHELBY and Sen- ment to right, his absolute commit- these are made: ator JEFF SESSIONS his personal feel- ment to his fellow man, his absolute Judge Pryor’s beliefs are so well known, so ings about the nomination of Judge commitment to those who have been less fortunate. deeply held, that it is very hard to believe, Pryor. I want to read a few excerpts very hard to believe, that they are not going from that letter. I close with one last quote from this letter: to deeply influence the way he comes about During his tenure as Attorney General, saying, ‘‘I will follow the law.’’ My only regret is that I will no longer have Bill has made combating white-collar crime Another: and public corruption one of the centerpieces Bill as a fellow Attorney General, fighting I think the very legitimate issue in ques- of his service to the people of Alabama. He for what is right, but I know that his work tion with your nomination is whether you joined the efforts of Attorneys General on the bench will continue to serve as an ex- have an agenda, that many of the positions around the country in fighting the rising ample of how the public trust should be which you have taken reflect not just an ad- tide of identity theft, pushing through legis- upheld. vocacy but a very deeply held view and a phi- lation in the Alabama legislature making Bill Pryor has been waiting for this losophy. identity theft a felony in Alabama. Bill has day for some time. I am grateful to fought to keep law enforcement in Alabama Senators who allowed the cloture vote Third: armed with appropriate laws to protect Ala- to take place and voted in favor of giv- Virtually in every area you have extraor- bama’s citizens, pushing for tough money ing a chance for Judge Pryor to receive dinarily strong views which continue and laundering provisions and stiff penalties for come out in a number of different ways. trafficking and in date rape drugs. an up-or-down vote on his confirmation Your comments about Roe make one believe, to his nomination to the Eleventh Cir- The importance of that quote is how could he really, suddenly, move away from cuit Court of Appeals. I am confident those comments and be a judge? consistent that is with what our attor- that later today when we cast our ney general, Thurbert Baker, has done It concerns me that these questions vote—and I will cast mine in favor of continued despite the fact that Judge in Georgia; in particular, in his fights Judge Pryor—the majority of this Sen- on white-collar crime, on trafficking, Pryor’s record in Alabama as attorney ate will confirm a man whose record is general shows that he can and has sep- on drugs, and his confirmation of impeccable, whose commitment is to Judge Pryor’s commitment to the arated his personal beliefs from his doing what is right, whose belief is in professional obligations. same. the people of this country, in the fun- I continue to quote: As Alabama’s attorney general, damental foundations of the law and Judge Pryor argued that there should Time and again as Attorney General, Bill its strict interpretation and applica- has taken on public corruption cases in Ala- be no school-sponsored, government- bama, regardless of how well-connected the tion. I commend to all Members of the sponsored religious activity, but genu- defendant may be, to ensure that the public Senate Judge Bill Pryor of Alabama for inely student-initiated religious ex- trust is upheld and the public’s confidence in his confirmation. pression was protected by the First government is well-founded. He has worked I yield the floor and suggest the ab- Amendment. I believe he expressly with industry groups and the Better Business sence of a quorum. stated the view that the Supreme Bureau to crack down on unscrupulous con- The PRESIDING OFFICER. The Court has held in that regard, regard- tractors who victimized many of Alabama’s clerk will call the roll. less of his beliefs. more vulnerable citizens. The assistant legislative clerk pro- Second, he issued an opinion stating The operative words in that quote ceeded to call the roll. that Alabama’s partial-birth abortion refer to the courage I mentioned ear- Mr. DOMENICI. Mr. President, I ask law was unconstitutional and could not lier; Judge Pryor, as attorney general, unanimous consent that the order for be enforced. I believe he followed the courageously and without fear took on the quorum call be rescinded. The PRESIDING OFFICER. Without law. anyone, regardless of stature and polit- Third, he personally prosecuted ical standing, in order to see to it the objection, it is so ordered. Mr. DOMENICI. Mr. President, is the charges against Alabama’s Justice people of Alabama were protected, Moore for refusing to obey a court their rights were protected and right Senate in morning business? The PRESIDING OFFICER. The Sen- order to remove the Ten Command- itself was done and any wrong, regard- ments from a display in the Alabama less of the perpetrator, was prosecuted. ate is on the nomination of William Pryor. The majority controls the time State courthouse. I continue to quote: The quotes I have referenced and the From the time he clerked with the late until 11:30 a.m. Mr. DOMENICI. Mr. President, I fact that some Democrats have per- Judge Wisdom of the 5th Circuit to the sisted with this line of questioning de- present, though, the most critical asset that yield myself 5 minutes. Bill Pryor has brought to the practice of law The PRESIDING OFFICER. Without spite clear evidence that Judge Pryor is his zeal to do what [is the right thing to objection, it is so ordered. is committed to both religious freedom do]. He has always done what he thought was Mr. DOMENICI. Mr. President, I rise and separation of church and state con- best for the people of Alabama. Recognizing today to address the nomination of cern me not because I am accusing

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12072 CONGRESSIONAL RECORD—SENATE June 9, 2005 anyone on the other side of being anti- The PRESIDING OFFICER. The of Alabama. So the defense he raised Catholic or anti-religion; rather, state- clerk will call the roll. impacted only State employees, that is ments such as these make me fear that The legislative clerk proceeded to 3 percent of the people, although re- we are creating some kind of a reli- call the roll. peatedly announcements were made gious litmus test for nominees. A Mr. SESSIONS. Mr. President, I ask that he was gutting the ADA. That is nominee’s religious beliefs have no unanimous consent the order for the the first point. connection to fitness to serve on the quorum call be rescinded. Second, what the attorney general of Federal bench. The PRESIDING OFFICER. Without Alabama argued was that, yes, if a per- It seems to me that such questions objection, it is so ordered. son were to be dismissed or otherwise suggest that anybody who is an Ortho- Mr. SESSIONS. Mr. President, what not handled fairly as a result of a dis- dox Jew, deep-seated Christian, Protes- is the order of business? ability, they could sue the State under tant, Muslim, or devout Catholic The PRESIDING OFFICER. The mi- the Americans with Disabilities Act, should be rigorously questioned about nority controls the time until noon. they could get an injunction, a court their religious beliefs. But I believe Mr. SESSIONS. Mr. President, it is a order to ensure that they were treated their beliefs should not in any way af- few minutes to 12. I ask unanimous fairly by the State of Alabama, they fect them becoming Federal judges. consent that I be able to speak in could get back wages if they had been These type of questions effectively say morning business. If any of my col- terminated—but that provision of the to people in the United States: Perhaps leagues from the other side come to the act that allowed individuals to sue for if you have deeply held religious be- floor, I will be pleased to yield to them. money damages against corporations— liefs, you cannot serve on the Supreme The PRESIDING OFFICER. Without and 97 percent of the people work for Court, you cannot serve in the Federal objection, it is so ordered. private employers and corporations judiciary. Mr. SESSIONS. Mr. President, we and not State governments—that pro- I believe we should rid the record of have spent over 2 years on the Bill vision could not be enforceable because any such inferences, and I am just try- Pryor nomination for the Eleventh Cir- a State has sovereign immunity pro- ing to do that today. cuit Court of Appeals. He is an extraor- tection against suits for money dam- The PRESIDING OFFICER. The Sen- dinary man and an extraordinary ju- ages. States can only be sued on ator’s time has expired. rist, now that he is holding that seat as grounds that they agree to be sued on, Mr. DOMENICI. I ask for 1 additional a recess appointment. But a number of because the power to sue is the power minute. allegations have been made against to destroy. That is constitutional his- The PRESIDING OFFICER. Without him that I think caused some in this tory. And States do not allow them- objection, it is so ordered. body to form an impression of him selves to be sued except under certain Mr. DOMENICI. Mr. President, this is early on that was not correct. circumstances, and he argued that the an alarming prospect. The Senate One of the most prominent was an al- Congress could not abrogate that his- should consider the nominee on his legation that he was insensitive to the toric constitutional principle of sov- professional record, not on his personal disabled. People For the American ereign immunity by passing a statute— beliefs. I believe this distinguished Way, who issued their attack sheet re- without giving any thought to the nominee should be confirmed. port—and I hope our colleagues will issue. Anyway, they passed it focusing I yield the floor. I thank the Senate begin to look far more critically at mainly on private employers, not for listening. their work than they have in the past— States. He appealed that to the U.S. The PRESIDING OFFICER. Who stated it this way: Supreme Court and won the case in the yields time? Of particular concern are Pryor’s views on U.S. Supreme Court. Mr. SESSIONS. Mr. President, I sug- the limits on Congress’ authority to enact Now they say what he was doing was gest the absence of a quorum. laws protecting individual and other rights, an indication that he is insensitive to The PRESIDING OFFICER. The and how he would seek to implement those people who are disabled. I raise that clerk will call the roll. laws if confirmed. Pryor is one of the archi- issue because it is not fair to him, and The legislative clerk proceeded to tects of this movement and has been a lead- it demeans our entire process. call the roll. ing activist in these damaging efforts. He I see the Senator from Tennessee is Mr. GREGG. Mr. President, I ask personally has been involved in key Supreme in the Senate, Senator ALEXANDER. I unanimous consent that the order for Court cases that, by narrow 5 to 4 majorities, know he is interested in this nomina- the quorum call be rescinded. have hobbled Congress’s ability to protect Americans’ rights against discrimination tion. I am pleased to yield to the Sen- The PRESIDING OFFICER (Mr. SES- and injury based on disability, race, or age. ator from Tennessee. SIONS). Without objection, it is so or- The PRESIDING OFFICER (Mr. Gra- dered. That is part of their report and part ham). The Senator from Tennessee. Mr. GREGG. Mr. President, what is of their complaint. At the time he was Mr. ALEXANDER. Mr. President, I the regular order? originally nominated, a number of peo- thank the Senator from Alabama. I am The PRESIDING OFFICER. The mi- ple from the disabled community were delighted to have a chance to join him nority controls the time until noon, told Judge Pryor is against them and in support of Judge Pryor. I will take a but the Senator may be recognized. that they should come. They came and few minutes on that, and when I finish, Mr. GREGG. I ask unanimous con- spoke out against him. But truly I do I will ask unanimous consent to speak sent that I be allowed to speak as in not think they understood what the for up to 5 minutes as in morning busi- morning business for 10 minutes, and if complaint was all about. ness on another matter. some member of the minority appears I Let me share with you what hap- The PRESIDING OFFICER. Without will be happy to yield to allow them to pened. One of the State universities in objection, it is so ordered. proceed under their time. Alabama was involved in a lawsuit Mr. ALEXANDER. Mr. President, The PRESIDING OFFICER (Mr. EN- about disability rights. The case was none of us, if we end up in court, want SIGN). Without objection, it is so or- University of Alabama at Birmingham to go before a judge who has already dered. The Senator is recognized. v. Garrett. It goes up for litigation. decided the case before we get there. (The remarks of Mr. GREGG and Mr. The Attorney General of the State of There is an old story from the Ten- SESSIONS are printed in today’s Alabama was Bill Pryor. It is his duty nessee mountains about the lawyers RECORD under ‘‘Morning Business.’’) as a lawyer to defend his client. As an who showed up in court and the judge Mr. GREGG. I thank the Senator entity of the State, the university is a says: ‘‘Fellas, this shouldn’t take long. from Alabama. I obviously enjoy work- client of the State of Alabama, so he I had a phone call last night, and I ing with him because he is a voice of did so. One of the defenses he raised, know most of the facts. Just give me a reason around here. and raised brilliantly, dealt with this little bit on the law.’’ I don’t think I yield the floor and suggest the ab- act, the ADA. Only 3 percent of the those litigants felt very good about sence of a quorum. people in Alabama work for the State their appearance before that judge.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12073 We do not want judges who decide to take actions to remove the Ten has demonstrated he will be an ex- the case before they hear the argu- Commandments, not because he does traordinary judge. ment, either because they got a phone not believe in the Ten Commandments, I was disappointed at what I heard call the night before or because they which he does, but because he believes when the Presiding Officer and I came bring some personal or political agenda in the law, and his job was to enforce to the Senate a little over 21⁄2 years to the case. We want judges who are the law. ago. I was preparing to make my maid- fair. We want judges who are inde- He has proven his sensitivity toward en address on American history and pendent. We want judges who are intel- civil rights, which for those who have civics, and we found ourselves in this ligent, who have good character, who grown up in the South is even more im- terrible debate about Miguel Estrada. I know the law, and who are willing to portant. In his inaugural address, he was astonished by it, to tell the truth. apply it in a fearless way. pledged to remove the ban on inter- I found myself feeling the same way As Governor of Tennessee, I ap- racial marriage and led the fight to about discussions of Judge Pickering in pointed about 50 judges. I appointed pass a constitutional amendment to do Mississippi, a man whose reputation I men and women, Democrats and Re- it. One might say, Of course he should knew. When I studied that reputation, publicans. I appointed the first Afri- have done that. Well, go down to Ala- I found a man out front in the civil can-American Supreme Court justice, bama and make that your first an- rights debate of the 1960s and 1970s, the first African-American chancellor nouncement in a new public position at putting his children in public schools in our State who happened to be a that time in our Nation’s history. It in Mississippi in the 1960s when every- Democrat. I never asked how they felt took courage and it took principle to one else was sending them to what about abortion. I never asked them do it. He did it. they called segregation academies, and how they were going to decide cases. I He is a Republican, but he appealed testifying against the grand wizard of tried to assess their reputation for in- the Alabama reapportionment plan to the Ku Klux Klan in the mid-1960s when telligence and fairness, their de- the U.S. Supreme Court, to the dismay that was a dangerous thing to do. meanor, and whether they would treat of the Republican Party, and he won it I heard some of my colleagues ques- those who appeared before them with for the Democrat Party. tioning his commitment to civil rights. respect. That turned out to be a pretty It is fair to say that Judge William Where were they in 1965, 1966, and 1967? good formula. Pryor has compiled for himself at a rel- What was going on? If we are looking for a member of the atively young age a record that would I was very disappointed when I heard U.S. appellate court who has dem- make it virtually impossible for him to these comments about Judge Pick- onstrated before he takes the bench win a Republican primary in Alabama ering. And he withdrew. I heard the that he can make decisions inde- but a record that ought to make him a comments about Miguel Estrada, a tre- pendent of his personal views, then perfect candidate for the U.S. court of mendous American success story. And Judge William Pryor ought to be ex- appeals. he withdrew. So I pledged, then and hibit A, No. 1. As has been pointed out Of course, there is always the ques- there, I would never filibuster any many times, Judge Pryor has been very tion with these men and women who President’s judicial nominee, period. I honest with the committee and all who come before the Senate of whether might vote against them, but I will al- question him. He is pro-life. He opposes they are qualified. We can look at the ways see they came to a vote. partial-birth abortion. But as attorney facts. William Pryor is a magna cum I am glad to see—and the Presiding general of Alabama in August of 1997, laude graduate of Tulane law school, Officer had something to do with it— on his own initiative, he wrote the dis- one of the great law schools of our that the logjam has been broken. trict attorneys general of Alabama and country. He was editor and chief of the Maybe we can get back to business as instructed them to use a restrictive in- Tulane Law Journal. usual in the Senate where the Presi- terpretation of the partial-birth abor- My favorite example of his com- dent, after consulting with us, sends us tion bill in Alabama, gutting the stat- petence is that he was a law clerk to good nominees, we look them over and ute, some said, in Alabama. Three the Honorable John Minor Wisdom, take as long as we want to talk about years later, General Pryor, after fur- perhaps the greatest appellate court them, and then we vote on them. I am ther Supreme Court cases, wrote the judge of the last 50 years, whose 100th glad we have a chance to vote on Judge Alabama district attorneys telling birthday would have been May 21. I Pryor. them that the Alabama partial-birth know about his birthday because I We do not want judges whose views abortion law was unconstitutional. He knew the judge very well. I was his law are decided by a political agenda or by was pro-life, but the law said it was un- clerk, too. I hasten to add that I didn’t a phone call that comes in the night constitutional. He followed the law. quite qualify to be a law clerk in 1965 before. Judge Wisdom had absolute When there were threats of attacks and 1966. He already had a smart grad- confidence in William Pryor when he against abortion clinics in Alabama, uate from Harvard. But he said: I need appointed him as his law clerk. He was the attorney general could have waited two, and I will hire you as a messenger. proud of his service as attorney general for something to happen. He did not. If you work for $300 a month, I will of Alabama. He is not here today to say He held high-profile press conferences treat you like a law clerk. what he thinks of him, but I am glad to condemn what he called ‘‘despicable Judge Wisdom is the one who ordered that I am here today to say I will be acts.’’ He warned there would be pros- James Meredith to be admitted to Ole proud to cast my vote for William ecutions if those acts actually oc- Miss, and he, with Judge Tuttle and Pryor for U.S. circuit judge. curred. Judge Rives, presided other desegrega- Mr. President, I received permission William Pryor told the committee he tion of the South. He hired as his law to speak on another subject as if in is a religious man. He, obviously, is a clerks some of the most distinguished morning business, and I would like to deeply religious person. But he told the men and women now in the private proceed to that. Governor, who had just appointed him practice of law anywhere in the Amer- (The remarks of Mr. ALEXANDER per- attorney general of Alabama, to get ica. I know many of them. taining to the introduction of S. 1208 himself another lawyer when the Gov- Judge Pryor was in New Orleans on are located in today’s RECORD under ernor wanted him to argue a prayer-in- May 21 to celebrate Judge Wisdom’s ‘‘Statements on Introduced Bills and the-schools case that General Pryor 100th birthday, along with about 40 Joint Resolutions.’’) thought compelled him to take a posi- other law clerks, even though Judge Mr. ALEXANDER. Mr. President, I tion contrary to the U.S. Supreme Wisdom himself is not still living. I thank the Senator from Alabama for Court’s interpretation of the Constitu- know the respect Judge Wisdom had his time, and I join him in my enthu- tion. for Judge Pryor’s competence. He has siasm for the nominee for the U.S. He prosecuted the chief justice of the demonstrated his independence, he has court of appeals from his home State, Alabama Supreme Court for his refusal demonstrated his intelligence, and he William Pryor.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12074 CONGRESSIONAL RECORD—SENATE June 9, 2005 Mr. SESSIONS. Mr. President, I erwise, the Constitution as defined by person in Alabama. He has a right to thank the Senator from Tennessee for the U.S. Supreme Court. comment on decisions of the Supreme his very important remarks on the As a matter of fact, the ACLU Court. I think attorneys general and Pryor nomination. He is wise in ana- praised him at that time in 1997 for his lawyers and laymen all over the coun- lyzing the realities of being an attor- directive. And, as a matter of fact, one try do that on a daily basis. The ques- ney general in America and the dif- of the pro-life leaders said he gutted tion is, Will you follow it even if you ficult choices and political pressures the statute. do not agree? that are on attorneys general. Then, I say to you, Senator MCCON- Mr. MCCONNELL. In fact, Supreme He is absolutely correct that Attor- NELL, a few years later, in 2000, when Court Justice Ruth Bader Ginsburg ney General Bill Pryor has dem- the Supreme Court ruled on the criticized the Supreme Court’s ap- onstrated he has the courage to do the Stenberg case, in which they really proach in the Roe case. I bet many of right thing regardless of short-term overruled many State statutes involv- our colleagues would be surprised to complaints that might arise. That is so ing the partial-birth abortion law, At- learn that she described Roe as a fundamentally obvious to people who torney General Pryor recognized and ‘‘breathtaking’’ decision whose get a fair look at it and I am amazed it advised the district attorneys that ‘‘[h]eavy-handed judicial intervention has not been clear to some of our col- statute was not sound and called on the was difficult to justify.’’ That is Ruth leagues. State legislature to craft a statute con- Bader Ginsburg, who, no doubt, liked I thank the Senator from Tennessee sistent with the Supreme Court. And the outcome in Roe, but found the deci- for sharing his thoughts. when he wrote the State officials, he sion, as she put it, ‘‘breathtaking’’ and Mr. President, I ask unanimous con- said that they ‘‘are obligated to obey a ‘‘[h]eavy-handed judicial interven- sent that the distinguished majority [the Stenberg decision].’’ tion [that] was difficult to justify.’’ whip and I be allowed to engage in a Mr. MCCONNELL. The attorney gen- So here was someone whose personal colloquy. eral of Alabama is an elected position; views were probably opposite of Judge The PRESIDING OFFICER. Without is it not? Pryor’s, but who reached the same con- Mr. SESSIONS. It is an elected posi- objection, it is so ordered. clusion as Judge Pryor did about the tion. Mr. MCCONNELL. Mr. President, I rationale for the decision, the basis of Mr. MCCONNELL. So Judge Pryor say to my friend from Alabama, I un- did not have the protection of a life- the decision. derstand that Judge Pryor has been time appointment or even a lengthy Mr. SESSIONS. I think that is a very criticized because he has sincerely held term. Here is an official in Alabama good point, I say to you, Senator beliefs against abortion and has also basically telling a bunch of Alabama MCCONNELL. I know that, for example, criticized the ruling in Roe v. Wade? local officials they ought to comply Justice Ginsburg was an ACLU, Amer- Mr. SESSIONS. That is correct. He with a Supreme Court decision that ican Civil Liberties Union, lawyer. Yet answered questions about that, clearly was overwhelmingly unpopular in Ala- she was troubled by the reasoning and and directly. bama; is that correct? rationale in some of the matters in Roe Mr. MCCONNELL. But it is also true, Mr. SESSIONS. That is exactly cor- v. Wade. And she did not mince words is it not, I say to my friend from Ala- rect, I say to the Senator, absolutely about it in terms of the public policy bama, that Judge Pryor swore under correct. People in Alabama, I think as result in Roe, nor did she condemn peo- oath—under oath—at his hearing that most Americans, believe that partial- ple who criticized Roe. She fully under- he would faithfully apply the law, and birth abortion, at any rate, is a par- stood it was legitimate to discuss that included in that, of course, is Supreme ticularly gruesome procedure, and he important Supreme Court case. In fact, Court precedent? had a lot of pressure on him to declare she wrote: Mr. SESSIONS. As a matter of fact, otherwise. In fact, he was criticized by I appreciate the intense divisions of opin- he was asked explicitly about that in friends who thought he had not been ion on the moral question and recognize that the Judiciary hearings. I am a member abortion today cannot fairly be described as supportive of their view. of that committee, and the phrase he nothing more than birth control delayed. Mr. MCCONNELL. It would have been used, I say to you, Senator MCCONNELL, very politically convenient for him to So I think she was expressing real was ‘‘Senator, you can take it to the do that; would it not? sympathy and respect for those who bank.’’ And he is the kind of man who, Mr. SESSIONS. Absolutely. I think may disagree with the decision, even as when he says it, he means it. the point is that he understands the she expressed concern with the deci- Mr. MCCONNELL. Well, he has had importance of adhering to the rule of sion. an opportunity to demonstrate that, law even though it may disagree with Mr. MCCONNELL. I ask my friend has he not, I say to my friend from positions you feel strongly about. from Alabama if he is aware that lib- Alabama, with respect to the laws reg- Mr. MCCONNELL. With regard to his eral constitutional scholar and current ulating abortion? He has been in a posi- criticism of Roe v. Wade, I ask my Harvard law professor, Laurence tion to demonstrate that he is willing friend from Alabama, is it not also the Tribe—often quoted by Members on the to set aside his personally held views case that some very prominent liberals other side as the authority on many and apply the law as it is, has he not? in this country, who probably no doubt issues of constitutional law—described Mr. SESSIONS. He really has. I think liked the outcome of Roe v. Wade, Roe as a ‘‘verbal smokescreen,’’ and that is so important for us here as we were, nevertheless, highly critical of noted that ‘‘the substantive judgment consider a nominee. Surely, we can’t the Supreme Court’s reasoning and ra- on which it rests is nowhere to be vote for or against a nominee on tionale for issuing that particular judg- found.’’ This is Laurence Tribe com- whether they agree with us on any ment? menting on Roe v. Wade. Even though, number of a host of moral and religious Mr. SESSIONS. That is correct. no doubt, he likes the result of Roe v. issues. But these are the facts on it. Al- Mr. MCCONNELL. So there is noth- Wade, he is nevertheless criticizing the though he is a pro-life individual—in ing particularly unusual or unique rationale for it. 1997, Alabama banned partial-birth about a good lawyer, or certainly a Mr. SESSIONS. Well, the Senator is abortion by State statute. As attorney lawyer in a prominent position like at- exactly correct. Conservatives and lib- general, Judge Pryor was aware that torney general, at the time, Bill Pryor, erals alike have raised questions about parts of that statute had gone too far critiquing the decision, wholly aside different aspects of Roe v. Wade. It is under the current state of the law, so from what their personal views were, perfectly natural that they would do he issued a letter, a directive, to the because a number of prominent lib- so, I think. district attorneys throughout the erals, I think, have done the same Mr. MCCONNELL. I believe liberal State of Alabama telling them that thing; have they not? law professor Cass Sunstein from the they could only construe that statute Mr. SESSIONS. That is exactly right. University of Chicago—who was re- narrowly because it would violate, oth- And the attorney general is an elected ported to have advised our Democratic

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12075 colleagues on the need to ‘‘change the I also want to say to my friend from ugly allegation was raised more broad- ground rules’’ on judicial nominations, Alabama, I know he probably knows ly at the recent Justice Sunday event which led us into the impasse we were Judge Pryor better than anybody else which took place in a church in Ken- in last Congress—noted that there are in the Senate and has had a greater op- tucky and featured remarks by Major- ‘‘notorious difficulties’’ with Roe v. portunity to evaluate his integrity, his ity Leader WILLIAM FRIST. The allega- Wade. Is my friend from Alabama fa- intellect, and has really seen him in ac- tion that any Member of the Senate is miliar with that, as well? tion. I think our colleagues ought to opposing this nomination because of Mr. SESSIONS. Yes, I am. listen to the junior Senator from Ala- the nominee’s religious beliefs is just Mr. MCCONNELL. I could go on with bama because he really knows Bill wrong. In fact, it is not only wrong, it a list of liberal scholars and com- Pryor and can attest to the fact that is outrageous. mentators who criticized Roe very di- Bill Pryor took actions much like Article 6 of the Constitution, which rectly, but I think my friend from Ala- Judge Pickering did in the 1960s, to we keep at hand here on the floor, bama and I hope all of our colleagues which Senator ALEXANDER was refer- makes it clear that it is unconstitu- get the drift. ring, that took extraordinary courage tional to use any form of religious test I do have just one more question for given the climate of public opinion in for a person who is seeking an office of the Senator from Alabama. Does he re- the State of Alabama. public trust. To suggest that those of member President Bush’s nomination Mr. SESSIONS. I thank the Senator. us who oppose Mr. Pryor—or any of the of Michael McConnell to the Tenth Cir- The PRESIDING OFFICER. The 30- President’s judicial nominees—are vio- cuit? minute segment has expired. lating this article of the Constitution Mr. SESSIONS. Yes, I do. I believe he The Senator from Illinois. is out of line. was confirmed by unanimous consent. Mr. DURBIN. Mr. President, today I am troubled, too, by the logic of Mr. MCCONNELL. Unanimous con- the Senate is considering the nomina- this position. It appears that Mr. Pry- sent. Out here on the Senate floor, tion of William Pryor for the U.S. or’s supporters believe that if he can passed on a voice vote. Court of Appeals for the Eleventh Cir- answer any of our questions about pub- Mr. SESSIONS. Yes. cuit. This is a nomination which I have lic policy, if the position he takes is Mr. MCCONNELL. Although I am not considered many times in the Senate based on his religious belief, then at on the Judiciary Committee now, I was Judiciary Committee and outside the that point we can’t pursue the ques- at the time of the McConnell nomina- regular business of Congress. Senator tion, that it is a matter of his personal tion. I recall that Judge McConnell was JEFF SESSIONS and I occasionally get conscience. But think about that for a then a law professor who had criticized up early in the morning and go to the moment. I am a member of the Catho- Roe frequently and at great length; is Senate gym. And on several occasions lic Church. Some Catholics do not sup- that correct? he has raised with me his heartfelt sup- Mr. SESSIONS. That is correct. port the death penalty. The late Pope port for William Pryor. I have ex- Mr. MCCONNELL. But just like John Paul II himself strongly opposed Judge Pryor, he swore to uphold Su- pressed to him my reservations and capital punishment. Some Christian preme Court precedent; did he not? concerns about Mr. Pryor, and he has Scientists do not support many aspects Mr. SESSIONS. He did. tried to assure me, in different ways, of medical treatment. Some Quakers Mr. MCCONNELL. So I want to make that the public image of this man is do not support war. Some people be- sure I have this correct. Both Judge much different than who he really is. I cause of their religious beliefs have Pryor and Judge McConnell criticized struggle with this because I do count strong views on the role of women in Roe v. Wade, both swore under oath Senator SESSIONS as a friend despite society, strong views on divorce, on they would follow Supreme Court our many political differences. I would sexual orientation. I can’t believe it is precedents, including those they may like to give him the benefit of the the position of Mr. Pryor’s advocates personally disagree with, but unlike doubt on this nominee who is so impor- that Senators could not raise legiti- Judge McConnell, who was a law pro- tant to him personally. mate concerns about positions on pub- fessor at the time of his nomination Unfortunately, the debate that leads lic issues if there is any nexus to a and did not have the opportunity as an up to today’s consideration on the floor nominee’s religious belief. academic to enforce the law, Judge has raised a myriad of questions that Think of all of the areas where we Pryor has been a public official who need to be resolved, questions which go would, frankly, be unable to even ask a has had the chance, on repeated occa- to the heart of this nomination. question because the person could say: sions, to put his money where his Mr. Pryor was recess-appointed by I am sorry. That is my religious belief, mouth was, and he has consistently fol- President Bush when both he and and you can’t ask about that. lowed the law? Judge Pickering of Mississippi were The reality is that certain important Our Democratic colleagues confirmed not approved by the Senate. It was his- issues at the center of legal and legis- Judge McConnell by unanimous con- toric. It was a decision by the Presi- lative activity are public issues and re- sent but are vigorously objecting to dent to use his recess appointment ligious issues. To suggest the Senate Judge Pryor; is that the case? power to put Mr. Pryor on the bench, cannot ask a nominee questions about Mr. SESSIONS. That is the case. despite the Senate’s decision on his these public issues would prohibit us Mr. MCCONNELL. I am puzzled. On nomination. I agree with Senator KEN- from fulfilling our constitutional obli- this record, our friends’ objections to NEDY that Mr. Pryor’s recess appoint- gation. It is not Mr. Pryor’s religious Judge Pryor seem inconsistent and ar- ment, which occurred during a brief re- affiliation that is troubling. It is his bitrary. cess of Congress, could easily be uncon- history of putting his own personal be- I thank the Senator from Alabama stitutional. It was certainly confronta- liefs ahead of the Constitution. He is a for his time and remind our colleagues tional. Recess appointments lack the staunch judicial activist. Maybe he that we have confirmed Democratic permanence and independence con- doesn’t reach the level of Janice Rog- nominees who have had deep personal templated by the Framers of the Con- ers Brown, who was approved yester- objections to Supreme Court precedent. stitution. To confirm Mr. Pryor now day—the most radical nominee sent to I recall we confirmed Janet Reno 98-to- would validate the President’s regret- us by the Bush White House—but, 0, even though her personal views on table decision to defy the Senate. sadly, some of his public comments are the death penalty were at odds with I am afraid that many aspects of the close. Supreme Court precedent. We ought debate, relative to the Pryor nomina- William Pryor believes it is the job of not have a double standard. We should tion, mark a low point in Congress. a Federal judge to carry out the polit- applaud Judge Pryor for his forthright- Many of Mr. Pryor’s supporters allege ical agenda of the President. How else ness and his commitment to the rule of that those of us who questioned his could you interpret his comment about law, and we ought to confirm this dis- nomination or opposed him did so be- the Bush v. Gore case in 2000, when he tinguished nominee. cause of his religious beliefs. The same said:

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12076 CONGRESSIONAL RECORD—SENATE June 9, 2005 I’m probably the only one who wanted it 5– It is hard to believe that he could fol- tually no power to protect State em- 4. I wanted Governor Bush to have a full ap- low that pledge. This is a man who, by ployees who are victims of discrimina- preciation of the judiciary and judicial selec- his own admission, became a lawyer so tion. Under his leadership, Alabama tion so we can have no more appointments that he could ‘‘fight the ACLU.’’ Now was the only State in the Nation to like Justice Souter. he tells us he will be objective on their challenge the constitutionality of parts These are the words of William cases. of the Violence Against Women Act. Pryor. Does that suggest to you that Many of you remember Alabama Thirty-six States filed briefs urging he is looking for a nonpartisan judici- Chief Justice Roy Moore and his mid- this important law be upheld in its en- ary? Sadly, it suggests the opposite. He night installation a few years ago of a tirety, while William Pryor, attorney is looking for a bench filled with par- 6,000-pound granite Ten Command- general of Alabama, was the only one tisans of his stripe, and he used that ments monument in the middle of the who used his position to try to tear case as a lesson to the White House: Be Alabama State courthouse. Mr. Pryor down the Violence Against Women Act. careful, if you pick someone who is and his supporters like to point out Mr. Pryor also filed a brief in the Su- independent, they may just rule that Mr. Pryor criticized Chief Justice preme Court case Nevada v. Hibbs. In against you on a political issue. Those Moore for defying a Federal court order it, he argued that Congress has no are hardly the kind of words you want to remove the monument. What they power to ensure that State employees coming from the mouth of a man who don’t like to talk about nearly as much have the right to take unpaid leave wants to ascend to the second highest or nearly as openly is the fact that Mr. from work under the Family Medical court in America. Pryor was an early supporter of Chief Leave Act. Think about it. Mr. Pryor, On another occasion, Mr. Pryor stat- Justice Roy Moore. He represented as Alabama attorney general, said Con- ed: Moore vigorously in the litigation of gress had no power to enforce a Federal [O]ur real last hope for federalism is the this issue. law. election of Gov. George W. Bush as president The Eleventh Circuit ruled that the The Supreme Court rejected his argu- of the United States, who has said his favor- display was patently unconstitutional, ment and said: Mr. Pryor, this time ite justices are Antonin Scalia and Clarence Thomas. and a district court subsequently you have gone too far. Although the ACLU would argue that it is issued an injunction to have the monu- On the issue of women’s rights, he unconstitutional for me, as a public official, ment removed. Had Mr. Pryor contin- clearly opposes a woman’s right to to do this in a government building, let ued to side with Moore and refused to choose. He once called Roe v. Wade alone at a football game, I will end my pray- comply with this injunction, he would ‘‘the worst abomination of constitu- er for the next administration: Please God, have exposed the State of Alabama to tional law in our history.’’ At Mr. Pry- no more Souters. substantial monetary sanctions and or’s hearing, Senator SPECTER asked He was referring again to Justice possible criminal liability. This is what him if he stood by his statement. He Souter on the Supreme Court. I asked Mr. Pryor and his supporters offer as said he did. He went on to say that Roe Mr. Pryor, a Federalist Society mem- proof that he understands and respects v. Wade is ‘‘unsupported by the test ber, whether he agrees with the mis- the venerated, historic, and traditional and structure of the Constitution’’ and sion statement of the Federalist Soci- wall between church and State. ‘‘has led to the slaughter of millions of ety, where he pays his dues and attends Mr. Pryor’s advocates call him a innocent unborn children.’’ meetings. It reads: ‘‘profile in courage’’ for enforcing the We are not talking about a nominee Law schools and the legal profession are Eleventh Circuit decision that the who made an overheated statement 30 currently strongly dominated by a form of monument must be removed from the years ago as a college student. Mr. orthodox liberal ideology which advocates a Alabama State courthouse. I call it Pryor said this at his own confirmation centralized and uniform society. doing your job. hearing. I have asked this question of almost Let me provide another example of Understand the constitutional prin- every Federalist Society member nom- his insensitivity. At Mr. Pryor’s con- ciple that underlies Roe v. Wade. I inated by President Bush, and there firmation hearing, Senator FEINSTEIN know abortion is an issue that is very have been quite a few. Mr. Pryor is the asked him to explain his statement divisive. People feel very strongly one only person who gave me a one-word that ‘‘[t]he challenge of the next mil- way or the other. But most people con- answer: ‘‘Yes.’’ lennium will be to preserve the Amer- cede that underlying that Roe v. Wade I appreciate his honesty, but I am ican experiment by restoring its Chris- decision is the right to privacy, a right troubled by his beliefs. Mr. Pryor is tian perspective.’’ He ducked the ques- which was enshrined in the Supreme just over 40 years old. If confirmed, he tion. Court case of Griswold v. Connecticut will have the chance to put this philos- If you are going to serve this Nation 40 years ago this week. ophy into practice well into the 21st and its Constitution, you have to have The State of Connecticut, urged by century with a lifetime appointment. some sensitivity to the diversity of re- religious groups, had banned the sale of It is not just law and politics that ligious belief in America. Many of us contraceptives and family planning to Mr. Pryor has problems keeping sepa- are Christians. But to impose a so- anyone in the State of Connecticut. If rate. He has problems with the separa- called Christian perspective on every- you purchased any family planning—a tion of church and State. I am con- thing is to, frankly, take a position birth control pill, for example—it was a cerned about his blurring of a very im- which many of different religious violation of the law, and the phar- portant line when it comes to the con- faiths would find offensive and intru- macist who filled that prescription duct of government vis-a-vis religion. sive by their Government. could be arrested and prosecuted. He is so ideological about this issue Our Founders may have been mostly Think about it. Only 40 years ago that he has confessed: Christian, but America today is a na- that was the case. There was a group I became a lawyer because I wanted to tion of religious diversity and this di- who believed that their religious be- fight the ACLU. versity is protected by the Constitu- liefs were so compelling about birth The ACLU is one of the main defend- tion. Judge Pryor has difficulty in control that they installed it as a ers of the separation of church and grasping this concept. State law. State. I asked Mr. Pryor if he would be On the issue of federalism, Mr. Pryor The law was challenged. It came be- willing to recuse himself in cases in- has been a predictable, reliable voice fore the Supreme Court. The Supreme volving the ACLU because he has made for those who seek to limit the people’s Court came down with what has now his views very clear that he cannot be rights in the name of States’ rights. It become a time-honored decision that objective. He said no. But he pledged: is an old ploy in America. As the Ala- said, no, built into this Constitution As a judge, I would fairly evaluate any bama Attorney General, he filed brief there may not be the word ‘‘privacy,’’ case brought before me in which the ACLU after brief with the U.S. Supreme but the concept of privacy. There are was involved. Court arguing that Congress has vir- certain things that we, as individuals,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12077 should be protected to make decisions threat to human liberty to bring these In another case, he was the only about—the intimacy of marriage, the lawsuits against tobacco companies. State attorney general to file a brief privacy of our personal life. What was he thinking? urging the Supreme Court to declare What I hear in the language of Mr. His fellow State attorneys general unconstitutional Federal efforts to pro- Pryor, and many others of his point of have been highly critical of him for his tect wildlife on private lands under the view, is really questioning this funda- comments on these tobacco lawsuits. Endangered Species Act. mental concept of protecting indi- Former Mississippi Attorney General He has written that his ‘‘favorite vic- vidual, personal privacy. It is their be- Michael Moore said: tory of the 2000 term’’ was the Supreme lief, many of them, that the Govern- Bill Pryor was probably the biggest de- Court ruling in Alexander v. Sandoval, ment should rule on these decisions. fender of tobacco companies of anyone I an infamous decision that made it On the issue of voting rights, Mr. know. He did a better job of defending the to- more difficult to bring environmental Pryor has urged Congress to take steps bacco companies than their own defense at- justice cases under title VI of the Civil that would undermine the right of Afri- torneys. Rights Act. can Americans to vote. While testi- Former Arizona Attorney General Judge Pryor has served as a recess fying before the Judiciary Committee Grant Woods, a Republican, said this of appointment on the Eleventh Circuit in 1997, he urged Congress to ‘‘consider Mr. Pryor: for about a year now. Senator SPECTER, seriously . . . the repeal or amendment He’s been attorney general for about 5 min- chairman of the Judiciary Committee, of section 5 of the Voting Rights Act.’’ utes, and already he’s acted more poorly whom I respect very much, has now This is a key provision that guarantees than any other attorney general. tried to make the case that he would the right of African Americans and These are his colleagues commenting be a moderate, fairminded judge based other racial minorities to achieve on his view of the law and his personal on 1 year of service, under the glare of equal opportunity in voting. philosophy. spotlights, as people watched every de- Section 5 requires certain States to Gun control is another issue where cision handed down. He suggests he is obtain preapproval before changing Mr. Pryor has demonstrated disregard, going to change, he is not going to be their voting rights standards, such as if not downright hostility, to even rea- the old William Pryor, if we give him redistricting or the location of polling sonable firearm restrictions. an appointment to the Eleventh Cir- places. It is clearly a vestige of Amer- In United States v. Emerson, he filed cuit. He will be less political. Chair- ica in transition from racial division an amicus brief with the Supreme man SPECTER said he will be less of an and discrimination to a more open, Court, arguing the man who was the activist. equal policy. subject of a domestic violence restrain- I am not persuaded. He has not really Mr. Pryor, as attorney general of ing order should be allowed to possess had an opportunity to rule on the full Alabama, raised questions as to wheth- a firearm. spectrum of issues he will face in a life- er or not the Federal Government I can tell you, from my life experi- time on the bench. should continue to try to meet that ence and legal experience, that is a There have been only so many cases standard. I strongly disagree with that very bad position to take. We know which he has considered. Some you can sentiment. He called section 5 ‘‘an af- that if someone has a restraining order consider liberal in his decisionmaking, front to federalism and an expensive against them because they are going to some conservative, but to take this 1 burden that has far outlived its useful- commit domestic violence, the last year of a probationary period, with this ness.’’ thing we want to give them is a gun. close scrutiny, and say that is what he I say to Mr. Pryor and others who are That is what the case is about. Mr. is all about, I think is to overstate the white Americans that we cannot pos- Pryor in that case said, no, they have case. sibly understand how much this means, a right to have a firearm, even if they Mr. Pryor and his supporters have a what it means to an individual to have have a domestic abuse restraining simple strategy to try to convince the the right to vote, particularly a person order against them. Senate to grant him a lifetime position of color, a minority in America, and He called the Government’s position as a Federal judge. Rather than talk section 5 is there to guarantee it. a ‘‘sweeping and arbitrary infringe- about his troubling record or radical As attorney general of Alabama, Mr. ment on the second amendment right views, they focus on his religious affili- Pryor testified that it had outlived its to keep and bear arms.’’ ation and accuse anyone who questions usefulness. I disagree with his senti- I will stand here and defend to the him of religious discrimination. I think ment. Thankfully, so did the Supreme end the right of an individual to own a that is wrong. Court and most Members of Congress. firearm legally in America, to use it We should take care and understand There are so many other issues. To- for legitimate purposes—for self-de- what the Constitution says very di- bacco is another one. When it comes to fense, for hunting, for sport—but to rectly about religion. There are three tobacco, Mr. Pryor has been one of the think Mr. Pryor believes the second references, and the three references Nation’s foremost opponents of a crit- amendment right is so absolute that have really done a good job for Amer- ical public health issue—compensation we should give guns to men who batter ica in over 200 years. The first is each for the harms caused by tobacco com- their wives, I just do not understand it. person is entitled to his or her reli- panies. He has ridiculed lawsuits It does not show common sense, let gious beliefs. Believe what you want to against tobacco companies saying: alone an understanding of the law. believe in the name of religion or do This form of litigation is madness. It is a Incidentally, he was the only attor- not believe anything. That is your threat to human liberty, and it needs to ney general in the United States of right, your freedom of conscience to stop. America who took that position. make that decision. Remember, those are the lawsuits Mr. Pryor once called those who ex- Secondly, this Government will not against tobacco companies that had ercised their legal rights against gun establish a church. We are not going to openly deceived Americans into believ- dealers and manufacturers ‘‘leftist say this is a Christian nation and ev- ing their product was safe, leading to bounty hunters.’’ The list goes on and erything we do will be handled by the addictions, disease, and death. And on. standards of Christ’s teachings. We when lawsuits were brought by attor- On environmental protection, Mr. cannot do that under our Constitution. neys general across America against Pryor was the only State attorney gen- We should not do that because of diver- the tobacco companies, they settled, eral in the country to file a brief with sity of religious belief. knowing they would lose in court, and the U.S. Supreme Court arguing that Finally, that there be no religious paid billions of dollars, confessing, in the Constitution does not give Con- test under the Constitution for anyone the process, their own wrongdoing. gress the authority to protect waters seeking office, as I mentioned earlier. Despite that, Attorney General that provide a habitat for migratory I think we have to be careful here Pryor, in Alabama, said this was a birds. about the use of religion in the debate

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12078 CONGRESSIONAL RECORD—SENATE June 9, 2005 about William Pryor and careful about Matt Myers, a person I know and sider an appeal by the Government of Canada it as we speak on the floor. It is not worked with in the past, said he was to reinstate a cigarette smuggling case Mr. Pryor’s ideas about religion that asked to basically change his testi- against R. J. Reynolds that had been dis- trouble me. It is his views and record mony to lighten up on the tobacco missed. The Department’s ethics office had cleared McCallum to take part in the case. on women’s right, voting rights, in- companies. He confirmed in this arti- mates’ rights, consumers rights, the cle. The second witness declined com- Let me point out, in fairness to Mr. constitutional principle of separation ment, but four separate sources famil- McCallum, that he is not the only of church and State. Time and again, iar with the case said the Justice De- friend of the tobacco industry in the as Alabama attorney general, Mr. partment asked the same of him. Bush administration. There are many. Pryor has taken extreme positions, By the time the Government opened Does this have something to do with made extreme statements on such a its racketeering case against tobacco the surprise announcement yesterday wide range of issues that the 25 to 30 companies last September, it had al- that the Justice Department was sell- minutes I have spoken here cannot pos- ready spent $135 million to develop its ing out its client, the American people, sibly cover it. case. Why, at the 11th hour, would the those addicted to tobacco? That is why He and his supporters say he will be Government’s own lawyers, the peo- Senators LAUTENBERG, KENNEDY, a changed person. He will go through ple’s own lawyers, fold under the pres- WYDEN, and I have sent a letter to the the so-called confirmation conversion. sure of the tobacco companies and give inspector general of the Justice De- This will be the new William Pryor. away so much potential recovery for partment, asking him to investigate Sadly, I believe, given a lifetime ap- the taxpayers of America? this reversal of position by the Attor- pointment, he will revert to form. He Why would they ignore the advice of ney General. will follow the pattern of his life, the their own expert witness to seek a pen- Just why in the world has the Attor- pattern of his statements, and the pat- alty of $130 billion and reduce their de- ney General of the United States tern of his beliefs. mand to $10 billion over 5 years? thrown in the towel, given up, when he Based on review of his record, it is a Even the lawyer for Philip Morris to- was supposed to be fighting for people risk I cannot, in good conscience, take, bacco company coordinating the case across America who need this public and I will vote against Mr. Pryor’s said as follows: health assistance? nomination. They’ve gone down— I think that is a critical and unan- BIG TOBACCO swered question, which I hope the in- Mr. DURBIN. Mr. President, on a sep- Meaning the Government, your law- spector general will address. arate subject, there was a decision yer, the attorney— I yield the floor and I suggest the ab- reached this week by the Department from $130 billion to $10 billion with abso- sence of a quorum. of Justice which was very troubling. A lutely no explanation. It’s clear the Govern- The PRESIDING OFFICER. The ment hasn’t thought through what it’s lawyer sold out his client. It happens doing. clerk will call the roll. all the time. It is wrong, but it hap- The legislative clerk proceeded to pens. What makes this case unique is End of quote from Dan Webb, the call the roll. the lawyer is the Attorney General and lawyer from the tobacco company, who Mr. SHELBY. Mr. President, I ask the client is the people of America. In could not believe what he had heard unanimous consent the order for the a lawsuit that had been brought when the Department of Justice quorum call be rescinded. against the tobacco companies, there walked into the courtroom and said: The PRESIDING OFFICER. Without was expert testimony to the fact these We are going to deeply discount the objection, it is so ordered. tobacco companies should pay up to amount we are trying to recover. Mr. SHELBY. Mr. President, I rise $130 billion over 25 years for lying to Why is this money important? There today to express my strong support for the American people and for all the are 45 million smokers in America. the nomination of Bill Pryor, to serve medical expenses their deadly product Many of them want to quit. The money on the United States Court of Appeals created. A similar lawsuit was brought was going to be used for cessation pro- for the Eleventh Circuit. by the States not that long ago. So the grams, reducing disease and death in I have known Bill for many years and Department of Justice, slow to begin America, and the Bush administration have the highest regard for his intel- this process, was taking the tobacco walked away from it, walked away lect and integrity. He is an extraor- companies to court. from the vast amount already estab- dinarily skilled attorney with a pres- Then, out of the blue, came the fol- lished in court as the amount nec- tigious record of trying civil and crimi- lowing, and this was reported in the essary to move these programs for- nal cases in both the Federal and State press: ward. courts. He has also argued several In court yesterday, a Philip Morris After 8 months of courtroom argument, cases before both the Supreme Court of Justice Department lawyers abruptly upset a lawyer tried to explain away the re- the United States and the supreme landmark civil racketeering case against the duced fine by claiming that the Gov- court of the State of Alabama. tobacco industry yesterday by asking for ernment’s case was in disarray. The As the Attorney General of the State less than 8 percent of the expected penalty. judge in the case interrupted the to- of Alabama, Judge Pryor established a Suing for $130 billion, the lawyer for bacco lawyer who was trying to put reputation as a principled and effective the people of the United States walked some credibility into the new position legal advocate for the State and distin- into the courtroom this week and said: of the Bush administration by saying guished himself as a leader on many Oh, we just want $10 billion. The story that was not true. important State issues. During his ten- So what is the reason? Sadly, it is be- goes that this Justice Department law- ure as Attorney General, it was his cause there is too much political im- yer, Stephen Brody, even shocked the duty and obligation to represent and pact by the tobacco lobby on this ad- tobacco company representatives by defend the laws and interests of the ministration, particularly on Associate announcing that he only needed $10 bil- State of Alabama. And while he may Attorney General Robert McCallum, lion over 5 years. The Government’s not have always agreed with those Jr. own expert said $130 billion over 25 laws, he consistently fulfilled his re- Who is he? This is what the L.A. years. What a discount. Here is the sponsibility dutifully and responsibly. Times said about him: lead from the story: Long before being nominated to the Government lawyers asked two of their Before his appointment in the Justice De- Eleventh Circuit, Judge Pryor made it own witnesses to soften recommendations partment . . . he had been a partner at Al- a priority to be open and honest about about sanctions that should be imposed on ston & Bird, an Atlanta-based firm that had the tobacco industry if it lost a landmark done trademark and patent work for R. J. his personal beliefs, which is what vot- civil racketeering case, one of the witnesses Reynolds Tobacco. In 2002, McCallum signed ers expect from the persons whom they and sources familiar with the case said yes- a friend-of-the-court brief by the administra- elect to represent them. Yet he has terday. tion urging the Supreme Court not to con- shown again and again that when the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12079 law conflicts with his personal and po- on his critiques of Section 5 of the Vot- Pryor over the past five years. Through the litical beliefs, he follows the law as ar- ing Rights Act, he’s ‘‘out there’’ with National Association of Attorneys General, ticulated by the Constitution and the some great Americans. Bill and I have worked together on matters Supreme Court. First, let me explain what Section 5 of mutual concern to Georgia and Alabama. of the Voting Rights Act is about. Sec- During that time, Bill has distinguished Despite his detractors, I believe it is himself time and again with the legal acu- important to note that actions speak tion 5 requires any ‘‘covered States’’— men that he brings to issues of national or louder than words, and certainly, States that are subject to the Voting regional concern as well as with his commit- Judge Pryor’s actions since joining the Rights Act—to pre-clear any decision ment to furthering the prospects of good and Eleventh Circuit speak volumes about to change ‘‘any voting qualification or responsive government. his fairness and impartiality. During prerequisite to voting, or standard, During his tenure as Attorney General, his brief tenure on the Court, Judge practice, or procedure with respect to Bill has made combating white-collar crime voting.’’ and public corruption one of the centerpieces Pryor has authored several opinions of his service to the people of Alabama. He that effectively demonstrate his will- The Supreme Court in Allen v. State Board of Elections has made it clear joined the efforts of Attorneys General ingness to protect the rights of those around the country in fighting the rising often overlooked in the legal system. that the: tide of identity theft, pushing through legis- In light of all of the information that legislative history on the whole supports the lation in the Alabama legislature making has been presented here today, I be- view that Congress intended to reach any identity theft a felony in Alabama. Bill has lieve that we must confirm Judge State enactment which altered the election fought to keep law enforcement in Alabama law of a covered State in even a minor way. Pryor. Bill Pryor is a man of the law armed with appropriate laws to protect Ala- In practice, this means that Section 5 bama’s citizens, pushing for tough money and that is what we need in our Fed- requires Federal officials at the De- laundering provisions and stiff penalties for eral judiciary. Whether as a pros- partment of Justice to approve even trafficking in date rape drugs. ecutor, a defense attorney, the Attor- very minor practices related to voting. Time and again as Attorney General, Bill ney General of the State of Alabama, For example, if a State moved a poll- has taken on public corruption cases in Ala- bama, regardless of how well-connected the or a Federal judge, he understands and ing place from one side of a street to respects the constitutional role of the defendant may be, to ensure that the public another, this action would have to be trust is upheld and the public’s confidence in judiciary and specifically, the role of pre-cleared by the Justice Department the Federal courts in our legal system. government is well-founded. He has worked pursuant to Section 5. with industry groups and the Better Business Indeed, I have no doubt that he will Bill Pryor has called the Voting Bureau to crack down on unscrupulous con- make an exceptional Federal judge be- Rights Act ‘‘one of the greatest and tractors who victimized many of Alabama’s cause of the humility and gravity that most necessary laws in American his- more vulnerable citizens. he brings to the bench. I am also con- tory,’’ but he has taken to task Federal From the time that he clerked with the fident that he will serve honorably and courts that have ‘‘turned the Act on its late Judge Wisdom of the 5th Circuit to the present, though, the most critical asset that apply the law with impartiality and head and wielded . . . power to deprive fairness—just as he has done during his Bill Pryor has brought to the practice of law all voters of the right to select . . . is his zeal to do what he thinks is right. He brief tenure on the Eleventh Circuit. public officers,’’ even though the Act has always done what he thought was best I again encourage my colleagues to ‘‘was passed to empower minority vot- for the people of Alabama. Recognizing a support Judge Pryor’s nomination be- ers in the exercise of the franchise.’’ wrong that had gone on far too long, he took cause I believe it is what is right for As Alabama Attorney General, Bill the opportunity of his inaugural address to our people, and it is what is right for Pryor was by no means alone in his call on an end to the ban on inter-racial mar- our country. criticisms of the Section 5 of the Vot- riages in Alabama law. Concerned about at- I suggest the absence of a quorum. ing Rights Act. risk kids in Alabama schools, he formed The PRESIDING OFFICER. The In a brief before the Supreme Court Mentor Alabama, a program designed to pair clerk will call the roll. volunteer mentors with students who needed in the case of Georgia v. Ashcroft, a role model and an attentive ear to the The legislative clerk proceeded to Thurbert Baker, our State Attorney problems facing them on a daily basis. call the roll. General in Georgia, who himself is a These are just a few of the qualities that I Mr. CHAMBLISS. Mr. President, I Democrat and African-American, believe will make Bill Pryor an excellent ask unanimous consent the order for called Section 5 an ‘‘extraordinary candidate for a slot on the 11th Circuit Court the quorum call be rescinded. transgression of the normal preroga- of Appeals. My only regret is that I will no The PRESIDING OFFICER. Without tives of the states’’ and ‘‘a grave intru- longer have Bill as a fellow Attorney General objection, it is so ordered. sion into the authority of the states.’’ fighting for what is right, but I know that Mr. CHAMBLISS. Mr. President, I his work on the bench will continue to serve General Baker also stated that: as an example of how the public trust should rise today in support of the nomination Section 5 was initially enacted as a ‘‘tem- be upheld. of Judge William Pryor to the Eleventh porary’’ measure to last five years precisely Sincerely, Circuit Court of Appeals. because it was so intrusive. THURBERT E. BAKER. I would like to respond to the accusa- Mr. President, I ask unanimous con- Mr. CHAMBLISS. General Baker goes tions by some of my colleagues con- sent to have a copy of a letter that on in his letter to my colleagues from cerning Bill Pryor’s comments related General Baker wrote back in 2003 to Alabama to say: to Section 5 of the Voting Rights Act. Senators SHELBY and SESSIONS of Ala- My only regret is that I will no longer have Judge Pryor has an outstanding record bama, in which General Baker de- Bill as a fellow Attorney General fighting for on civil rights and a demonstrated scribes Bill Pryor as ‘‘an excellent can- what is right, but I know that his work on commitment to seeking equal justice didate for a slot on the 11th Circuit the bench will continue to serve as an exam- for persons of all races. Court of Appeals,’’ printed in the ple of how the public trust should be upheld. Nevertheless, some of my colleagues RECORD. Judge Pryor’s concerns about Sec- on the other side have tried to charac- There being no objection, the mate- tion 5 have been borne out in Georgia, terize Bill Pryor as ‘‘out of the main- rial was ordered to be printed in the where the State appealed to the Su- stream’’ because, as you have heard, he RECORD, as follows: preme Court in Georgia v. Ashcroft to has called for the amendment of Sec- DEPARTMENT OF LAW, have a recent redistricting plan ap- tion 5 of the Voting Rights Act. Atlanta, GA, March 31, 2003. proved following the 2000 decennial Judge Pryor is not out of the main- Hon. RICHARD SHELBY, census, and after a Federal district stream on this issue, and I’ll explain U.S. Senate, Hart Senate Office Building, court found that Georgia’s plan vio- why. Washington, DC. lated Section 5. After you hear who agrees with Hon. JEFF SESSIONS, During the litigation in the district U.S. Senate, Russell Senate Office Building, Judge Pryor on his reasoning here, I Washington, DC. court, Congressman JOHN LEWIS, a hero think you will agree with me that if DEAR SENATORS: I have had the great of the civil rights movement, testified Bill Pryor is ‘‘out of the mainstream’’ pleasure of knowing and working with Bill on behalf of the State of Georgia in

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United States, Justice Pow- did. come a great distance. ell wrote in a dissenting opinion that: This is not out-of-the-mainstream JOHN LEWIS knows that thoughtful It is indeed a serious intrusion, incompatible thinking; it’s thoughtful and sincere review of Section 5 could be of some with the basic structure of our system, for analysis. benefit. federal authorities to compel a state to sub- Even the liberal New York Times had According to the New York Times, mit its [reapportionment] legislation for ad- to concede as much in its comments re- Georgia’s plan, pushed by both ‘‘white vance review [under section 5]. garding Georgia’s redistricting plan. and black Democrats,’’ represented an The most important point I would Bill Pryor’s nomination to the Elev- attempt: like to stress is that despite Mr. Pry- enth Circuit enjoys strong bipartisan to reverse [a] trend in Georgia and elsewhere or’s well-documented concerns about support in his home State of Alabama, by redistributing some of the black voters Section 5 of the Voting Rights Act, he and in my home State, which is also and re-integrating suburban districts to gain has vigorously enforced all provisions part of the Eleventh Circuit. a better chance of electing Democrats. of the Act. A month ago, I visited with a number That is a quote from a New York Let me give you two examples. First, of my district court judges, all of Times article of January 18, 2003 at when Alabama state legislator J.E. whom said that in their contact with A12. Turner died and the new candidate the Eleventh Circuit Court of Appeals, The New York Times further notes wanted to use stickers to place his they had nothing but great things to that Georgia currently has: name on the ballot, Attorney General say about the job Bill Pryor is doing as some safe Democratic districts with large Pryor issued an opinion stating that an interim appointee to the Eleventh black majorities, along with a sharply in- the use of stickers required pre-clear- Circuit. I urge my colleagues to vote in creased number of Republicans elected from ance under Section 5 of the Act. Cer- suburban districts that had become increas- favor of his confirmation today. ingly white. tainly this illustrates that Bill Pryor The PRESIDING OFFICER. The Sen- was able to separate his personal dis- In his brief in Georgia v. Ashcroft, ator from New York. agreement with the requirements of Mr. SCHUMER. Mr. President, I am Georgia Attorney General Thurbert Section 5 from his duty as Alabama’s here to speak on the nomination of Baker cited his own election as an ex- Attorney General to enforce the provi- William Pryor to the Eleventh Circuit. ample of how African-American can- sion despite his personal views. Bill Pryor’s nomination is the last of didates can take ‘‘the overwhelming A second example involved Mr. Pry- the three covered by the deal worked majority of the total vote against their or’s successful defense of several ma- out by 14 of our colleagues to avoid white opponents’’ without the benefit jority-minority voting districts, ap- meltdown in the Senate. of supermajority districts. The Federal Government opposed proved under Section 5, from a chal- Yesterday was the vote on Janice Georgia’s plan on the ground that Sec- lenge by a group of White Alabama vot- Rogers Brown. It was a sad vote. Not a tion 5 does not give Georgia the power ers in the Sinkfield v. Kelley case. The single Republican Senator broke with to eliminate supermajority minority voters, who were residents of various his or her party to vote against a nomi- legislative districts, even in the name majority-White voting districts, sued nee whom even the National Review, of increasing overall minority voting the State of Alabama in Federal court, George Will, and others singled out for power. claiming that Alabama’s voting dis- her judicial activism and radicalism. It Section 5 has not only placed a bur- tricts were the product of unconstitu- showed again that the other side is den on covered States, but also on the tional racial gerrymandering. willing to march in almost total lock- Justice Department, which has wasted The districts were created under a step with the President. If they had time by being forced to pre-clear a state plan whose acknowledged purpose their way, the Senate would be a com- huge number of changes in voting prac- was the maximization of the number of plete rubberstamp for any nominee the tices that have nothing to do with mi- majority-minority districts in Ala- President proposes—totally against nority voting rights. bama. Attorney General Pryor person- what the Founding Fathers intended Section 5 requires covered states to ally defended the majority-minority this Senate to be. pre-clear any decision to change: districts all the way to the U.S. Su- The count is 2,921 to 2. Out of almost any voting qualification or prerequisite to preme Court, which held that the 3,000 votes on appellate court nomi- voting, or standard, practice, or procedure White voters could not sue because nees, 44 in all, only twice have Repub- with respect to voting. they did not reside in the majority-mi- lican Senators dared to deviate from Again, the Supreme Court has made nority district and had not personally the party line. Is that the kind of inde- it clear that the: been denied equal treatment. pendent thinking that an up-or-down legislative history on the whole supports the When some of these provisions of the vote entails? It is a sad day, indeed. view that Congress intended to reach any Voting Rights Act are up for renewal, For sure, Janice Rogers Brown’s views state enactment which altered the election we should review and consider them in do not mirror those of most of my col- law of a covered State in even a minor way.’’ a very deliberative, bipartisan manner leagues or even come close. That statement is included in Allen v. to make sure that the law today re- In a moment, I will go through all State Board of Elections, 393 U.S. 544, 566. flects the realities of our society here the reasons I am opposed to Judge Pry- For example, if a State moved a poll- in the 21st Century. or’s nomination and all the things he ing place from one side of a street to Thurbert Baker and Bill Pryor, as at- said with which I strongly disagree. another, this action would have to be torneys general of two neighboring Here is one I agree with. In his testi- pre-cleared by the Justice Department states in the South, know this to be mony before the Senate in 1997, Judge pursuant to section 5, which indicates the case one is African-American and Pryor told Senators, ‘‘Your role of ad- that ‘‘any change in the boundaries of one is White; one is a Democrat and vice and consent in judicial nominees voting precincts or in the location of the other is a Republican, but together cannot be overstated.’’ On this point, polling places’’ requires pre-clearance. they share a vision of making the vot- Judge Pryor and I see eye to eye. Another great American, the late ing rights laws of our country effective As we await a slew of new nomina- U.S. Supreme Court Justice Lewis and enforceable in today’s times. tions from the President, as we await Powell also criticized section 5 of the To sum up, Bill Pryor has established the possible retirement of a Supreme Act. an impressive record as a fair, diligent, Court Justice, and as we vote on the President Clinton has called Justice and competent public servant. Two of current nominees in the wake of an Powell ‘‘one of our most thoughtful my fellow Georgians, John Lewis and agreement that specifically urged

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And to be acrimony in the Senate, where biparti- are lines which should not be crossed. so opposed to preventing women from sanship can replace one-upmanship, William Pryor defended his State’s being beaten by their husbands and and where discourse can replace dema- practice of handcuffing prisoners to taking remedies to deal with women goguery. How can that be done? It is hitching posts in the hot Alabama Sun who are so beaten makes no sense to very simple. The President can, as he for 7 hours without even giving them a me. said he would in a recent press con- drop of water to drink, and then he In commenting on that law, Pryor ference, consult meaningfully with criticized the Supreme Court—hardly a said: Senators before trying to jam extreme liberal court—when it held this prac- One wonders why [VAWA] enjoys such po- nominees down our throats. tice violated the eighth amendment litical support, especially in the Congress. The renomination of Bill Pryor was ban on cruel and unusual punishment. One wonders why it enjoys such sup- the most breathtaking example of the We do have standards. We are not a me- port when, for the first time, we in President’s ignoring checks and bal- dieval society, even for those of us who Washington, hailed by Republicans and ances and bypassing the Senate’s role believe in tough punishment. What Democrats, started trying to help in the nomination and confirmation Pryor did, he goes far, too far, to say women who were beaten by their hus- process. The President stuck a thumb the least. In criticizing the Supreme bands? When they used to go to certain in the eye of bipartisanship when he re- Court’s decision, he accused the Jus- police stations, they were told—not out nominated people like Janice Rogers tices of applying their own subjective of malice but out of ignorance—go Brown, Priscilla Owen, and Richard views on appropriate methods of prison home, it is a family matter; whose chil- Myers after they were rejected by the discipline. The Supreme Court, which I dren had watched them be hit? And he Senate. believe was unanimous—or maybe 8 to cannot understand why it enjoys such But the President did not get his way political support? He is not the kind of with William Pryor, and then he took 1—in rejecting William Pryor’s view, the truly extraordinary step of making was far more appropriate than he was. man I want on the court of appeals. How about child welfare? Bill Pryor’s a recess appointment. While the re- He also called the Supreme Court’s ardent support of States rights extends nomination of rejected judges was a decision in Miranda—something that is even to the realm of child welfare. At thumb in the eye to bipartisanship, the part of judicially accepted law—one of the same time he was conceding that recent appointment of Bill Pryor was a the worst examples of judicial activ- Alabama had failed to fulfill the re- punch in the face. This was particu- ism. quirements of a Federal consent decree larly outrageous because not only is He has vigorously opposed the ex- Bill Pryor one of the most ideologi- emption of retarded defendants from regarding the operation of a child’s cally driven nominees we have ever being executed. He submitted an ami- welfare system, he was demanding his seen but also because there were ques- cus brief to the Supreme Court in At- State be let out of the deal. On environment, we have more of the tions about his credibility with the kins v. Virginia, and he argued that same concerns. Pryor was the lone at- committee, and there was an unfin- mentally retarded individuals should torney general to file an amicus brief ished investigation regarding the Re- be subjected to the death penalty like publican Attorney General Association anyone else. arguing the Constitution does not give that he founded. When issues have been raised about the Federal Government power to regu- It is not enough for him or any other the fair and just administration of pun- late interstate waters as a habitat for nominee to simply say: I will follow ishment, particularly in some of these migratory concerns. the law. His views are too well known. cases, Mr. Pryor’s reaction has been to When it comes to disabilities, con- His record is clear about how he will scoff. trast Mr. Pryor’s approach with the ap- vote as a judge. We all know that judg- When asked what steps Alabama proach he took in Bush v. Gore. Bill ing is not a rote process. We all know would take to ensure that the death Pryor was the lone State attorney gen- our own individual values and thoughts penalty was fairly applied—and I have eral to file an amicus brief supporting influence how we interpret the law. If supported the death penalty—regard- the Supreme Court’s intervention in it were just by rote, we would have less of the defendant’s race, he said: Florida’s election dispute. Every other computers on the bench instead of men I would hate for us to judge the criminal attorney general, Democrat and Repub- and women in black robes. There is a justice system in a way where we excuse peo- lican, had the sense to stay out of this degree of subjectivity, especially in ple from committing crimes because, well, dispute. Not Mr. Pryor. close cases and controversies on hot- we have imposed enough punishment on that Yet when it came to the ADA, the button issues. It is hard to believe that group this year, and that’s precisely what disabilities act, Mr. Pryor was the driv- the incredibly strong ideological bent you are being asked to think of with that ing force behind the case in which a kind of analysis. of this nominee will not have an im- nurse contracted breast cancer, took pact on how he rules. It is ridiculous. The analysis simply time off to deal with her illness, and As my colleagues know, I have no lit- said, don’t take race into account. This when she returned—in violation of the mus test when it comes to nominees. I is a judge who will be fair and impar- ADA—she found that she was demoted. am sure most of this President’s judi- tial and open to advocates’ positions on In conclusion, Mr. Pryor is extreme. cial nominees have been pro-life, but I both sides of an issue? Again, why is he, over and over again, voted for so many of them because I How about States rights? Mr. Pryor 1 of the 50 attorneys general—there are have been persuaded they are com- has been one of the staunchest advo- a lot of conservative attorneys gen- mitted to upholding the rule of law. I, cates of efforts to roll back the clock, eral—to file these briefs? Why is he, on for one, believe a judge can be pro-life not just to the 1930s but to the 1890s. things that are part of the mainstream and yet be fair and balanced and up- He is an ardent supporter of an activist of American feelings and jurispru- hold the woman’s right to choose. But Supreme Court agenda cutting back dence—environment, Americans With for a judge to set aside his or her own Congress’s power to protect women, Disabilities Act—way over? personal views, the commitment to the workers, consumers, the environment, Why did he say: rule of law must clearly supersede his and civil rights. I will end with my prayer for the next ad- or her personal agenda. That is a trick As Alabama’s attorney general, Mr. ministration. Please, God, no more Souters? some can pull off. Not everybody can. Pryor filed the only amicus brief from That is what he said before the Fed- Let’s take a moment to review some among the 50 States. Only 1 attorney eralist Society, a Republican appointee of the more radical remarks William general out of all 50 filed a brief urging to the bench. The man is clearly an

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The signing of represent the interests of individuals tend to make law, not interpret law. the ADA was the culmination of a with disabilities, both nationally and That is not what any of us should want monumental bipartisan effort that some in States. I ask unanimous con- from our judges. Ideological warriors, sought to right decades worth of sent that the list of these 68 organiza- whether from the left or the right, do wrongs. tions, along with a few letters from a not belong on courts of appeals. So what did William Pryor have to number of the groups, be printed in the I will suggest that you do not need to say about this bill that was signed by RECORD. take my word for it. Here is what President Bush in 1990, supported over- There being no objection, the mate- Grant Woods, the former attorney gen- whelmingly by the American people, rial was ordered to be printed in the eral of Arizona, and a conservative Re- supported overwhelmingly by both Re- RECORD, as follows: publican, said of Mr. Pryor: While I publicans and Democrats in the Senate DISABILITY COMMUNITY OPPOSITION TO PRYOR would have great question of whether and the House? What did he have to say NATIONAL Mr. Pryor has an ability to be non- about it? In the case of Board of Trust- AAPD partisan, I would say he was probably ees of the University of Alabama v. ACCESS FOR AMERICA ADA WATCH the most doctrinaire and partisan at- Garrett, he argued that Congress did Bazelon Center for Mental Health Law torney general I have dealt with in 8 not identify ‘‘even a single instance of National Association of the Deaf (NAD) years. So I think people would be wise unconstitutional conduct’’ to support National Coalition on Self Determination, to question whether or not he is the the Americans with Disabilities Act. Inc. right person to be nonpartisan on the This is complete and utter nonsense. National Disabled Students Union (NDSU) bench. We documented it, hundreds and hun- National Council on Independent Living I could not have said it better myself. dreds and hundreds of cases of uncon- (NCIL) Mr. President, I yield the floor. stitutional discrimination against peo- United Spinal (formerly Eastern Paralyzed Veterans) The PRESIDING OFFICER (Mr. ple with disabilities—cases of the World Association of Persons with Disabil- CHAMBLISS). The Senator from Iowa. forced sterilization of people with dis- ities Mr. HARKIN. Mr. President, I am abilities, the denial of educational op- ALABAMA here to speak again, as so many before portunities, unnecessary institu- Independent Living Center of Birmingham, me, on the nomination of William tionalizations, among others. Alabama Pryor to the Eleventh Circuit Court of Mr. Pryor has made no secret of the Center for Independent Living of Jasper, Ala- Appeals. fact that he does not believe we in Con- bama Now, we have heard many concerns gress have the power to pass laws to ALASKA and complaints about Mr. Pryor. We protect people from discrimination. He Southeast Alaska Independent Living have heard that Mr. Pryor cost his has worked hard to find cases with ARIZONA State millions of dollars when he re- which to challenge the power of Con- Arizona Bridge to Independent Living (ABIL) fused to join litigation seeking to hold gress to protect victims of domestic vi- of Phoenix, AZ tobacco companies accountable for the olence, victims of age discrimination, Services Maximizing Independent Living and cost of smoking because he believes and women seeking to take maternity Empowerment (SMILE) of Yuma, AZ that ‘‘smokers, as a group, do not im- leave under the Family and Medical New Horizons Independent Living Center, pose the cost of their habit on the gov- Leave Act. He has also repeatedly filed (Prescott Valley, AZ) ernment’’ and, listen to this, that the cases challenging Congress’s authority CALIFORNIA premature deaths of smokers actually to allow Americans with disabilities to California Council of the Blind save the Government the cost of ‘‘So- live full and productive lives under the California Democratic Party Disabilities cial Security, pensions, and nursing Americans with Disabilities Act. Caucus home payments.’’ Now, some of my colleagues may re- Disability Resource Agency for Independent Living, (Stockton, CA) We have heard about Mr. Pryor’s vig- member that 2 years ago I stood on Independent Living of Southern California orous defense of Alabama’s use of the this floor and asked Senators to oppose Independent Living Center (Claremont, CA) hitching post as a punishment, a prac- the nomination of Jeffrey Sutton be- Independent Living Resource Center of San tice the Supreme Court held to be cruel cause Mr. Sutton had devoted a signifi- Francisco, CA and unusual punishment. cant portion of his legal career to try- Independent Living Resource Center (Ven- So there has been a lot of talk about ing to have the Americans with Dis- tura, CA) different things about Mr. Pryor and abilities Act and other laws designed to Placer Independent Resource Services what he has stood for, but I am here protect Americans from discrimination Southern California Rehabilitation Services specifically to talk about Mr. Pryor’s California Foundation for Independent Liv- declared unconstitutional. At that ing Centers (CFILC) persistent, repeated efforts to elimi- time, many of my colleagues on the COLORADO nate the ability of people with disabil- other side of the aisle argued that Jef- ities to receive equal treatment in our Center for Independence Grand Junction frey Sutton should be confirmed be- (Grand Junction, CO) society. I am here to talk about this cause he was simply doing the work on FLORIDA nominee’s hostility toward the Ameri- behalf of his client. Well, guess who his cans with Disabilities Act. Access Now client was. The client was William Center for Independent Living of South Flor- Most of my colleagues know that I Pryor, then-attorney general of Ala- ida (Miami, FL) had a brother who was deaf. Through bama. Self Reliance, Inc. (Tampa, FL) his eyes, my family and I saw firsthand It is hard to imagine any other nomi- IDAHO what discrimination against persons nee with such a record of aggressive Disability Action Center NW, Inc. (Coeur with disabilities looks like. It was, and negative activism. Given the record of D’Alene, ID) still is, very real. William Pryor, it is impossible to ILLINOIS When we in Congress sought to rem- imagine that someone with a disability Center for Independent Living of Illinois/ edy this history of discrimination, we rights or civil rights claim will get a Iowa spent years laying out, piece by piece, fair decision by him. Lake County Center for Independent Living a legislative record fully documenting So I cannot support putting someone Illinois Network of Centers for Independent the overwhelming evidence that dis- on a Federal circuit court who has Living

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IOWA ADA WATCH, NATIONAL COALITION The NAD is opposing Pryor because of his Center for Independent Living of Illinois/ FOR DISABILITY RIGHTS, outspoken activism against federal civil Iowa Washington, DC, June 10, 2004. rights protections for people with disabil- Hon. PATRICK LEAHY. ities and other minorities. His commitment KANSAS DEAR SENATOR LEAHY: ADA Watch is an al- is to ideology, not to justice. Southeast Kansas Independent Living Re- liance of hundreds of disability and civil Established in 1880, the NAD is the nation’s source Center (SKIL) rights organizations united to protect the Prairie Independent Living Resource Center oldest and largest nonprofit organization Americans with Disabilities Act (ADA) and safeguarding the accessibility and civil (PILR) (Hutchinson, KS) the civil rights of people with disabilities. Cherokee County Advocacy Group rights of 28 million deaf and hard of hearing The disability community is opposed to the Americans across a broad range of areas in- KENTUCKY confirmation of Alabama Attorney General cluding education, employment, health care, Kentucky Disabilities Coalition William Pryor because we do not believe a and telecommunications. person with a disability would receive a fair MAINE hearing from a ‘‘Judge Pryor.’’ The NAD is a dynamic federation of 51 Maine Developmental Disabilities Council Pryor has demonstrated a commitment to state association affiliates including the Dis- MARYLAND extremism rather than to justice. Pryor’s trict of Columbia, organizational affiliates, Eastern Shore Center for Independent Living right-wing ideology is far outside the main- and national members. Primary areas of (Cambridge, MD) stream of American legal thought. Pryor has focus include grassroots advocacy and em- The Freedom Center (Frederick, MD) led the battle to undo the work of a demo- powerment, policy development and re- cratically-elected Congress to legislate fed- search, legal assistance, captioned media, in- MASSACHUSETTS eral protections for American citizens. De- formation and publications, and youth lead- Stavros Center for Independent Living (Am- spite widespread bipartisan support for the ership. herst, MA) Americans with Disabilities Act (ADA), KELBY N. BRICK, MISSISSIPPI Pryor said he was ‘‘proud’’ of his role in Associate Executive Mississippi Statewide Independent Living weakening the ADA and ‘‘protecting the Director, National Council hard-earned dollars of Alabama taxpayers Association of the Mississippi Coalition for Citizens with Dis- when Congress imposes illegal mandates on Deaf Law and Advo- abilities our state. cacy Center. William Pryor, nominated to the U.S. MONTANA Court of Appeals for the Eleventh Circuit, ILLINOIS/IOWA CENTER FOR Summit Independent Living Center, Inc. has been a leader in the effort to limit con- (Missoula, MT) INDEPENDENT LIVING, gressional power to enact laws protector Rock Island, IL, July 21, 2003. Living Independently for Today and Tomor- civil rights. Pryor has prevailed in a series of row (Billings, MT) 5–4 cases before the Supreme Court that have Please note that the Illinois/Iowa Center NEW JERSEY curtailed civil rights, including the Board of for Independent Living opposes the nomina- tion for William Pryor. We strongly feel that Center for Independent Living of South Jer- Trustees of Alabama v. Garrett, which success- Mr. Pryor and his record as the Attorney sey (Westville) fully challenged the constitutionality of ap- General in Alabama does NOT support nor Heightened Independence and Progress plying the Americans with Disabilities Act represent the millions of people with disabil- (Hackensack) of 1990 to states as employers. Pryor argued that the protections of the ities or their basic civil rights. Please know NEW YORK ADA were ‘‘not needed’’ to remedy discrimi- that we will do all we can to see that his ARISE (Syracuse) nation by states against people with disabil- nomination is stopped! Thank you for your Southern Tier Independence Center (Bing- ities. This decision prevents persons with cooperation and help! hamton) disabilities from collecting monetary dam- SUSAN A. SACCO. The Genesee Region Independent Living Cen- ages from state employers. Most signifi- ter (Batavia, NY) cantly, it has resulted in fewer attorney THE ABILITY CENTER OF Northern Regional Center for Independent being willing to represent individual in ADA GREATER TOLEDO, Living (Watertown) cases against state employers. Despite the Sylvania, OH, July 14, 2003. OHIO massive record of egregious conduct toward TO THE SENATE JUDICIARY COMMITTEE: The The Ability Center of Defiance, OH individuals with disabilities by states that Ability Center of Greater Toledo expresses The Ability Center of Greater Toledo (Syl- Congress has compiled—including instances its adamant opposition to the nomination of vania) of forced sterilization of individuals with dis- William Pryor to the U.S. Court of Appeals Tri-County Independent Living (Akron, OH) abilities, unnecessary institutionalization, for the Eleventh Circuit. Our opposition is OREGON denial of education, and systemic prejudices based on his record as an attorney, as an At- and stereotyping perpetrated by state ac- Disability Advocacy for Social and Inde- torney General and on his comments made tors—Pryor argued that states were actually publicly which represent his personal views. pendent Living (DASIL) (Jackson Coun- in the forefront of efforts to protect the Mr. Pryor’s professional position in cases ty, OR) rights of individuals with disabilities. PENNSYLVANIA Pryor is a leading architect of the recent such Garrett v. Alabama, and Alexander v. Pennsylvania Statewide Independent Living ‘‘states’ rights’’ or ‘‘federalism’’ movement Sandoval, to name a few, indicate a distinct Council to limit the authority of Congress to enact inclination toward the protection of states Pennsylvania Council for the Blind laws protecting individual and other rights. from individual’s attempt to protect them- selves under federal civil rights laws. The re- SOUTH CAROLINA He is among those fighting to eliminate fed- eral protections and leave us with a patch- sults of cases like these seriously weaken the Disability Resource Center, (North Charles- work of uneven civil rights protections de- enforcement of laws like the Americans with ton, SC) pendent on an individual’s zip code. Disabilities Act and therefore seriously af- TENNESSEE Sincerely, fect the independence and quality of life of Tennessee Disability Coalition JIM WARD. American citizens with disabilities. TEXAS Mr. Pryor’s publicly declared notion that OPPOSITION TO CONFIRMATION OF NOMINEE the ADA was not needed, that there was no Houston Area Rehabilitation Association WILLIAM H. PRYOR, JR. TO U.S. COURT OF pattern of discrimination by the states, that ABLE Center for Independent Living (Odes- APPEALS FOR THE ELEVENTH CIRCUIT Congress therefore had no authority to enact sa, TX) The National Association of the Deaf its protections, flies in the face of the thou- VIRGINIA (NAD) is opposed to the confirmation of sands of cases of discrimination identified by Disabled Action Committee (Dale City, VA) nominee William H. Pryor, Jr., to the U.S. Congress. His attitudes are a slap in the face WEST VIRGINIA Court of Appeals for the Eleventh Circuit. of American citizens who were forced to be Fair Shake Network (Institute, WV) Currently the Attorney General for the sterilized, institutionalized and otherwise Mountain State Centers for Independent Liv- State of Alabama, Pryor is a ‘‘states’ rights’’ denied access to places and things that able- ing (Huntington) and ‘‘federalism’’ ideologue, a leader in the bodied people take for granted. The passage movement to limit the authority of Congress of the ADA opened doors, literally and figu- WISCONSIN to enact laws protecting individual civil ratively, to thousands of individuals to live, Options for Independent Living (Green Bay, rights. Pryor has fought aggressively against work and play when and where they chose. WI) the Americans with Disabilities Act (ADA) Unfortunately there continues to be defiance Unknown: Options Center for Independent and other laws that protect Americans with and ignorance of employers, businesses and Living—Illinois or MN/ND? disabilities and other minorities. government entities regarding the right to

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12084 CONGRESSIONAL RECORD—SENATE June 9, 2005 access and opportunity granted to all citi- ADA cases against state employers. Despite Mr. Pryor’s positions in these and other zens. The ADA, and other civil rights legisla- the massive record of egregious conduct to- cases (i.e., Pennsylvania Department of Correc- tion, is the only defense people with disabil- ward individuals with disabilities by states tions v. Yeskey and California Board of Medical ities can call on to realize their independ- that Congress had compiled—including in- Examiners v. Hason) clearly represent an in- ence and potential. There is no other protec- stances of forced sterilization of individuals terpretation of the Equal Protection Clause, tion or defense. with disabilities, unnecessary institutional- Spending Clause, and Commerce Clause that The Ability Center asks that you oppose ization, denial of education, and systemic would dramatically restrict Congress’s au- this nomination as a statement that the prejudices and stereotyping perpetrated by thority and hinder its ability to pass laws civil rights of all U.S. citizens are a priority state actors—Pryor argued that states were protecting the rights of Americans with dis- above all else. Oppose the nomination to actually in the forefront of efforts to protect abilities, older workers, and others under the send a message that any judicial candidate the rights of individuals with disabilities. Constitution. For this reason, Eastern Para- who demonstrates, in word and deed, ex- Pryor has led the battle to undo the work lyzed Veterans Association strongly urges treme ideology is not an appropriate choice of a democratically-elected Congress to leg- you not to confirm Mr. Pryor to the court. for the judicial bench. Oppose the nomina- islate federal protections for American citi- People with disabilities have fought long tion because it is a lifetime appointment and zens. Despite widespread bipartisan support and hard to achieve the protections afforded that such an appointment represents a seri- for the Americans wi1h Disabilities Act, by the ADA and like-minded laws. We must ous and real threat to millions of citizens (ADA). Pryor said he was ‘‘proud’’ of his role continue the fight to ensure that an activist with disabilities. Appoint individuals to the in ‘‘protecting the hard-earned dollars of court does not abridge these rights and pro- federal court system who have demonstrated Alabama taxpayers when Congress imposes tections. Please vote against William Pry- an ability to interpret the law without bias illegal mandates on our state.’’ or’s confirmation. and extreme ideologies. This is not William Pryor is a leading architect of the recent Thank you. Pryor. ‘‘states’ rights’’ or ‘‘federalism’’ movement Sincerely. Sincerely, to limit the authority of Congress to enact JEREMY CHWAT, SUSAN HETRICK, laws protecting individual and other rights. Director of Legislation. Advocacy Director. He is fighting to reverse the results of our nation’s civil war and leave us with a patch- INDEPENDENT LIVING CENTER OF HEIGHTENED INDEPENDENCE work of uneven civil rights protections de- SOUTHERN CALIFORNIA, INC., AND PROGRESS, pendent on an individual’s zip code. July 14, 2003. Hackensack, NJ, July 14, 2003. He personally has been involved in key Su- TO WHOM IT MAY CONCERN: This letter is Heightened Independence and Progress preme Court cases that, by narrow 5–4 ma- written on behalf of the Independent Living (HIP) Center for Independent Living strongly jorities, have restricted the ability of Con- Center Of Southern California, to oppose the opposes the confirmation of William Pryor gress to protect Americans’ rights against nomination of Mr. William Pryor, to the U.S. to the U.S. Court of AppeaIs for the Eleventh discrimination and injury based on dis- Court of Appeals for the Eleventh Circuit. Circuit. ability, race, and age. Worse, he has urged Please note that this nomination would People with disabilities have worked long the Court to go even further than it has in gravely affect the civil rights of persons with and hard to bring about the Americans with the direction of restricting congressional au- disabilities. Disabilities Act (ADA) and rely on the Act’s thority. Just last month, for example, the Sincerely, protections to ensure that employers, Court, in an opinion by Chief Justice PETER HUARD, schools, governmental entities and business Rehnquist, rejected Pryor’s argument that Client Assistance Program. both large and small do not discriminate the states should be immune from lawsuits against anyone because of a disability. for damages brought by state employees for THE FREEDOM CENTER, INC. William Pryor has taken positions about violation of the federal Family and Medical Frederick, MD, Ju1y 21, 2003. ADA related cases that cause disability ad- Leave, Act. JIM WARD, vocates to have serious concerns about his VICTORIA WOLF, Executive Director, ADA Watch Coalition, ability to be objective in such cases. We Assistive Technology Washington, DC. strongly urge that William Pryor not be con- Specialist, Disability DEAR JIM: I am the Executive Director for firmed to a position on the Eleventh Circuit Resource Agency for the Freedom Center, a center for inde- Court of Appea1s. Independent Living. pendent living in Frederick, MD. We em- NANCY HODGINS, power persons with disabilities to lead self- Advocacy Coordinator. EASTERN PARALYZED VETERANS directed, independent, and productive lives EILEEN GOFF, ASSOCIATION, in a barrier-free community. We work to en- Executive Director. Jackson Heights, NY, July 14, 2003. sure the removal of physical and attitudinal Hon. ORRIN G. HATCH, barriers that are faced by Americans with JUNE 10, 2003. U.S. Senate, disabilities. DEAR SENATOR LEAHY: The disability com- Washington, DC. We, on behalf of the disability community, munity is opposed to the confirmation of DEAR SENATOR ORRIN G. HATCH: The East- are strongly opposed to the nomination of Alabama Attorney General William Pryor ern Paralyzed Veterans Association strongly Alabama Attorney General William G. because we do not believe a person with a opposes the confirmation of William Pryor Pryor. We are strongly opposed to the con- disability would receive a fair hearing from to the Eleventh U.S. Circuit Court of Ap- firmation of his appointment to the U.S. a ‘‘Judge Pryor.’’ peals. In the past, Mr. Pryor’s attempts to Court of Appeals for the Eleventh Circuit. Why? limit Congressional authority in the area of This is a lifetime appointment which could Pryor has demonstrated a commitment to disability rights have directly undermined eventually lead to an appointment to the Su- extremism rather than to justice. Pryors the protections given to people with disabil- preme Court. Attorney General Pryor’s right-wing ideology is far outside the main- ities through the Americans with Disabil- right-wing ideology is far outside the main- stream of American legal thought. ities Act (ADA) and other disability rights stream of American legal thought. He is re- William Pryor, nominated to the U.S. laws. sponsible for the weakening of the ADA in Court of Appeals for the Eleventh Circuit, In Board of Trustees of University of Alabama recent Supreme Court battles. He took a po- has been a leader in the effort to limit con- v. Garrett, Mr. Pryor formulated the argu- sition against Patricia Garrett in her case gressional power to enact laws protecting ment that Congress did not have the author- against the State of Alabama when she was civil rights. Pryor has prevailed in a series of ity under the Constitution to apply the ADA wrongly discriminated against because of her 5–4 cases before the Supreme Court that have to States in employment discrimination disability. He followed her to the Supreme curtailed civil rights, including the Board of suits for damages. Additionally, Pryor suc- Court and was responsible for influencing the Trustees of Alabama v. Garrett, which suc- cessfully persuaded in 5–4 majority of the Su- Supreme Court by hiring an extreme Fed- cessfully challenged the constitutionality of preme Court in Alexander v. Sandoval that in- eralistic, right wing, and a State’s Rights ac- applying the Americans with Disabilities Act dividuals cannot sue to enforce regulations tivist lawyer to represent the State of Ala- of 1990 to states as employers. under Title VI of the Civil Rights Act of 1964. bama. Because the Supreme Court ruled in Pryor argued that the protections of the Since the decision was issued states have favor of the State of Alabama against Ms. ADA were ‘‘not needed’’ to remedy discrimi- begun to use its reasoning in efforts to per- Garrett, the ADA has been weakened. One nation by states against people with disabil- suade the courts that people with disabilities can no longer sue a state government or en- ities. This decision prevents persons with should not be allowed to enforce regulations tity under the Federal ADA. It is Attorney disabilities from collecting monetary dam- under the ADA and Section 504 of the Reha- General Pryor’s belief that the ADA is un- ages from state employers. Most signifi- bilitation Act requiring reasonable accom- constitutional. In this respect, he has under- cantly, it has resulted in fewer attorneys modations, integration of individuals with mined Congress’s effort to protect all Ameri- being willing to represent individuals in disabilities, and accessible public housing. cans regardless of what state they live in. He

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12085 has attacked Section 504 of the Rehabilita- Mr. HARKIN. Here are 68 different is constitutional and not—not the Con- tion Act, the Individuals with Disabilities disability groups from all over the gress, not the Senate, not even the Su- Educational Act, and all basic civil rights United States. preme Court. He alone has a right to against people with disabilities. gender and This is from the National Association decide that. He alone has a right to de- race. He not only has held a position in the University of Alabama v. Ganett case but has of the Deaf: cide whether people with disabilities filed Amicus Briefs in Pennsylvania Dept. of The National Association of the Deaf is op- are protected under the Americans Corrections v. Yeskey and Medical Board of posing [Mr.] Pryor because of his outspoken with Disabilities Act. California v. Hason. He also took opposition activism against federal civil rights protec- We have come too far in our country. to the Alexander v. Sandoval case. All of his tions for people with disabilities and other We spent years developing the Ameri- oppositions also include running amok in his minorities. His commitment is to ideology, cans with Disabilities Act. When Presi- own state using the state laws to his own be- not to justice. dent Bush signed it in 1990, we had ac- lief. It is because of his ideology that we Here is the Illinois/Iowa Center for cumulated a voluminous record of dis- have laws such as the Federal ADA, IDEA, Independent Living: Civil Rights, etc. The laws were imple- crimination, from the earliest child- mented to protect Americans from individ- We strongly feel that Mr. Pryor and his hood to the latter stages of life, with uals like him. Because of his track record, he record as the Attorney General in Alabama people with disabilities being discrimi- cannot be a Federal Judge. A Federal Judge do NOT support nor represent the millions of nated against. We sought to remedy must be unbiased and have full under- people with disabilities or their basic civil that with the Americans with Disabil- rights. standing of the total law. A Federal Judge ities Act. cannot interpret Federal laws to fulfill his The National Disabled Students As- When it passed the Senate, I said it own beliefs as a State’s Rights activist. A sociation stated the nomination of was the proudest day of my legislative Federal Judge cannot use his position to fur- Judge Pryor would be ‘‘devastating to career, and it still is—when the ADA ther his own cause. It is imperative that we the rights of over 54 million Americans passed the Congress and was signed do all that we can do to help our legislators with disabilities protected by the to understand the importance of approving a into law. And we have not looked back. nomination that is nonpartisan of any indi- Americans with Disabilities act. . . .’’ We look around our country now and vidual who would take his position seriously So, Mr. President, there may be a lot we see people with disabilities in edu- and for the good of the American people and of reasons that people have for oppos- cation, traveling, going out to eat, not for his own beliefs or reasons. ing this nominee to go on the circuit holding down good jobs, getting the You may sign our name to any petition or court. I want to make it crystal clear civil rights that all the rest of us letter that opposes the confirmation of Ala- that my major objection to this person enjoy. bama Attorney General William G. Pryor. going on the circuit court is his open, But for Mr. Pryor, people with dis- You have permission to use our letter to give consistent, and persistent opposition to abilities do not have those rights. They to members of Congress to help them to be the Americans with Disabilities Act. our voices and understand why we are so op- only have the right—these are my own posed to his confirmation to the U.S. Court He has made no secret of it. He does words—it seems to me Mr. Pryor has of Appeals to the Eleventh Circuit. Thank not think we had the power to pass it. said, in his decisions and in his you very much for your attention to this He said, in his own opinion, that we writings and in his perceptions of the very urgent matter. Let’s all work together did not even document one single in- Americans with Disabilities Act, that to prevent deteriorization to the ADA and stance of unconstitutional conduct people with disabilities only have the other disability civil rights. against people with disabilities. Well, I right to be pitied, they only have the Sincerely, am sorry, courts have held differently: right to get whatever it is that those of JAMEY GEORGE, forced sterilizations of people with dis- Executive Director. us who are not disabled choose to give abilities, forced institutionalizations of to them. people who did not need to be institu- Well, I am sorry, that is not enough. INDEPENDENT LIVING RESOURCE tionalized, denying people with disabil- CENTER—SAN FRANCISCO, People with disabilities have every San Franciso, CA, July 3, 2003. ities educational opportunities. Maybe right, Mr. President, that you and I Hon. DIANNE FEINSTEIN, he never heard of the case of PARC v. have. So it is for that reason, that he San Francisco, CA. Pennsylvania. Perhaps he did not know has gone out of his way—I could see if DEAR SENATOR FEINSTEIN: I am contacting that courts had held there was a a judge made one mistake and maybe you with great concern about the possible record, a strong record, of discrimina- made a decision but came back and appointment of an anti-ADA judicial activist tion in public education against kids rectified it, looked at the law, looked to the 11th Circuit Federal Court of Appeals, with disabilities, not letting them go at the history, but Mr. Pryor did not do Alabama Attorney General Bill Pryor. I am to school, denying them educational that. He did not go back and look at asking you, on behalf of the over 150,000 peo- opportunities. ple with disabilities in San Francisco that the history of the ADA. He did not go our agency represents to firmly oppose Mr. The courts held that as long as a back and find out all these examples Pryor’s appointment. State provides a free public education, that we had come up with that is in the Attorney General Pryor has proved on just as they could not discriminate on record. He just simply said: I know many occasions that he is an opponent not the basis of race, or sex, or national or- what is best. I know what is best for only of the ADA, but of other civil rights igin, they cannot discriminate on the people with disabilities. legislation as well. Mr. Pryor did not support basis of disability either. So the courts Well, people with disabilities have the passage of an Alabama State disability held that there is a constitutional been hearing that for far too long in rights law; has opposed enforcement of ADA right for kids in our country to get a our country: We know what is best for Title II to state prisons (arguments that free, appropriate public education, as you—that paternalizing attitude. Peo- were rejected by the U.S. Supreme Court); has supported denial of patients’ rights for long as the State is providing that. The ple with disabilities said: No, we are Medicaid recipients; among other affronts to kids with disabilities have to be al- going to be on our own. We are going to civil rights. This is hardly a neutral judicial lowed in the public schools, also. have our own civil rights. We are going appointment. But for Mr. Pryor, no. He says, no, to decide our own future. We are going We are concerned, Senator, that you hear not even one instance do we have of an to decide how we want to live, not how the voices of your constituents with disabil- unconstitutional discrimination. I do you, the Government, or you, society, ities. We find it ironic on the eve of our not know where Mr. Pryor went to law want us to live. country’s ‘independence day’ that such an school. I did not even look it up. It Well, we have come a long way in 15 opponent of independence for people with does not make any difference to me. years since the ADA was signed. This is disabilities should be a nominee to such a But whatever he learned there he must one circuit court judge who would turn key judicial post. Please oppose this nomina- tion. have forgotten. It seems to me, here is the clock back. And he will get these Sincerely, an individual with an ideological per- cases. He will get them. And people PAMELA S. FADEM, ception that he is right and everyone with disabilities will be on the short Information Manager, ILRCSF. else is wrong, that only he knows what end of the stick.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12086 CONGRESSIONAL RECORD—SENATE June 9, 2005 So for that reason, and perhaps a lot firmation business in the Senate, and dorsement or a more substantive com- of other reasons but for that reason that has changed the way we do legis- pliment for any judge on any court alone—for that reason alone—Mr. lative business. They have no one to anywhere in America. Pryor should not be confirmed for this blame but themselves. To come in here Listen to Alvin Holmes, an African circuit court position. and complain that we are not doing the American who has served in the Ala- With that, Mr. President, I yield the business of the people when one-third bama House of Representatives for floor and suggest the absence of a of the separated powers in this country nearly three decades. He introduced a quorum. involves judges is pretty much out of bill to remove the State Constitution’s The PRESIDING OFFICER. The line. ban on interracial marriage. Rep- clerk will call the roll. Under the standards the Senate tra- resentative Holmes says that while The legislative clerk proceeded to ditionally applied to judicial nomina- White political leaders in the State, call the roll. tions, we would already have confirmed Democrats and Republicans, either op- Mr. HATCH. Mr. President, I ask the nomination before us. Although posed the bill or kept quiet, then-At- unanimous consent that the order for some across the aisle have attempted torney General William Pryor spoke the quorum call be rescinded. to change the ground rules, I am out. William Pryor urged Alabamans to The ACTING PRESIDENT pro tem- pleased we have now invoked cloture vote for removing the ban on inter- pore. Without objection, it is so or- and are in the final stretch of debate racial marriage and then, when it dered. on this very important nomination. passed, he defended the measure in Mr. HATCH. Mr. President, I rise in There is light at the end of the con- court against legal challenge. strong support of the nomination of firmation tunnel. Representative Holmes knows Wil- William Pryor to the U.S. Court of Ap- We have become accustomed to the liam Pryor. He has worked with Wil- peals for the Eleventh Circuit or, to pattern of attack by those who oppose liam Pryor, and he strongly supports put it more precisely, I rise to support President Bush’s judicial nominees. William Pryor. Listen to what Rep- the permanent appointment of Judge They equate a nominee’s personal resentative Holmes says about this William Pryor to the Eleventh Circuit. views with that nominee’s judicial nominee, this African-American leader Judge Pryor’s credentials, his char- views. They create the most wretched of the Alabama House of Representa- acter, and commitment to judicial re- and distorted caricature of a nominee, tives: straint already make a compelling case turning him into some creature one I request your swift confirmation of Bill for his appointment. His continuing might see on ‘‘Law and Order’’ or Pryor to the 11th Circuit because of his con- ‘‘America’s Most Wanted.’’ stant efforts to help the causes of blacks in service on the Eleventh Circuit only Alabama. adds to that compelling case. What it boils down to is the wrong- Or consider the opinion of Judge Sue I urge my colleagues to vote for con- headed notion that no one who thinks Bell Cobb who sits on the Alabama firmation so Judge William Pryor can for himself, who does not toe the left- Court of Criminal Appeals. This is continue to be a valuable member of wing line, whose perspective or values what she says: the U.S. Court of Appeals. did not turn the liberal litmus paper Debate about this nomination did not the right—or left—color, or who as a I write, not only as the only statewide judge may fail consistently to deliver Democrat to be elected in 2000, not only as a just begin. President Bush nominated member of the Court which reviews the William Pryor more than 2 years ago. politically correct results is accept- greatest portion of General Pryor’s work, During a lengthy hearing before the able. These advocates of an activist ju- but also as a child advocate who has labored Judiciary Committee in June 2003, he diciary are not foolish enough to at- shoulder to shoulder with General Pryor in answered more than 185 questions. It tack every nominee. They will remind the political arena on behalf of Alabama’s has now become common practice for us of how many of this President’s ju- children. It is for these reasons and more Senators to deluge a nominee with dicial nominees they have supported. that I am indeed honored to recommend Gen- But the circumstances that have eral Pryor for nomination to the 11th Circuit post-hearing written questions. Judge Court of Appeals. Pryor answered nearly 300 of those as brought us here today demonstrate the confirmation ground has shifted. That is the Honorable Sue Bell Cobb, well. The Judiciary Committee debated judge of the Alabama Court of Criminal this nomination during three different I urge my colleagues not to be per- suaded by the caricatures created by Appeals. business meetings and favorably re- Think about that. These are people ported it twice here to the Senate floor Washington-based lobbyists and left- wing groups which need to send out the who know William Pryor. These testi- where we have already debated it in monies—and there are many more like next fundraising appeal. Instead I urge the context of two previous attempts them—describe a man who cares deeply my colleagues to listen to those who to invoke cloture. about what is right and who has the actually know William Pryor, who Here we are debating the Pryor nomi- character to do what is right, no mat- have worked with William Pryor, be- nation again. I am one of many Sen- ter what the political cost. People such cause they are among his strongest ators who believes we should have con- as these are in the best position to supporters. firmed this nomination a long time know the real William Pryor. If this ago. Yesterday more than one of our Dr. Joe Reed, chairman of the Ala- bama Democratic Conference—yes, were a court of law, their testimony Democratic colleagues complained that would be deemed especially credible. that is right, the Alabama Democratic we are debating judicial nominations Theirs is not hearsay testimony such Conference, the State Democratic Par- when, they said, ‘‘we should be doing as we are hearing from some with the ty’s African-American caucus—knows legislative business.’’ That is exactly other side. They are not repeating William Pryor. He has worked with what we would be doing were it not for someone’s talking points. They are not William Pryor, and he strongly sup- the confirmation obstruction campaign offering generalities or cliche´s. led by those very same Democratic ports William Pryor. Note what Dr. Joe Talking points, generalities, and Senators. They are the ones who met Reed has to say about this nominee. cliche´s, however, are all that Judge He says that William Pryor: in 2001 to change the confirmation Pryor’s opponents have to offer. The ground rules. They are the ones who will uphold the law without fear or favor. I far left-wing Washington-based lobby- believe all races and colors will get a fair demand dozens and dozens of unneces- shake when their cases come before him. I ists who appear to make their living sary rollcall votes that have eaten up am a member of the Democratic National opposing President Bush’s judicial literally days of floor time. They are Committee and, of course, General Pryor is a nominations repeat the same rhetoric the ones who launched this campaign Republican, but these are only party labels. about nominee after nominee. Some- of outrageous and unprecedented judi- I am persuaded that in General Pryor’s eyes, times I wonder whether they put to- cial filibusters. Justice has only one label—Justice! gether their press releases and action Our Democratic colleagues have Any of us would certainly be hard alerts simply by cutting and pasting in changed the way we do judicial con- pressed to come up with a better en- the name of a new nominee.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12087 They use the same mantra now, say- placed a picture of Judge Pryor on its Yesterday during the debate on the ing Judge Pryor is hostile to civil cover with a headline asking whether Brown nomination, the Senator from rights, hostile to virtually every right his legal stance amounted to political California, Mrs. BOXER, took a similar under the sun. Perhaps he is also the suicide. It is clear that Judge Pryor tack. She put up one poster after an- cause of childhood asthma, global places the law above personal priorities other, each stating in the most sim- warming, and rising interest rates. and political expediency. This stuff plistic terms the results of a case, and I would listen to the people I have about following the law rather than then claimed that Justice Brown per- just quoted who know the man. They personal opinions is not rhetoric, talk- sonally favored the result for which she are all Democrats, by the way. ing points, or window dressing. This is voted. If there is any reason to believe such not just William Pryor’s stated com- This insidious tactic claims, for ex- a thing as these awful comments that mitment, this is his demonstrated com- ample, that if a judge votes that the have been made by our colleagues on mitment. law does not prohibit racial slurs, then the other side, then these left-wing It is a record that makes former Ala- the judge must favor racial slurs. If a Washington lobbyists should be able to bama Attorney General Bill Baxley, judge votes that the law does not pro- convince Dr. Joe Reed, Alvin Holmes, another Democrat, strongly support hibit an employer’s hiring decision, and Judge Sue Bell Cobb that Judge Judge Pryor’s nomination. Here is then the judge must favor that hiring William Pryor is hostile to civil rights. what General Baxley, a leading Demo- decision. In March of 2000, 29 current I wish them luck because I know they crat in Alabama, said about William Senators, including my friend from can’t do that. And they know they Pryor: California, Senator BOXER, voted can’t do it. That is what is reprehen- In every difficult decision he has made, his against a constitutional amendment to sible. actions were supported by his interpretation allow protection of the American flag. Perhaps the most important element of the law, without race, gender, age, polit- How would any of them respond—how ical power, wealth, community standing, or would the Senator from California re- of judicial duty is the commitment to any other competing interest affecting judg- follow the law regardless of personal ment. I often disagree, politically, with Bill spond—to the accusation that by that views. Throughout his career William Pryor. This does not prevent me from mak- vote, they were siding with the flag Pryor has not just stated such a com- ing this recommendation because we need desecraters? mitment to judicial restraint, he has fairminded, intelligent, industrious men and That would be an outrageous charge, demonstrated it. We all know, for ex- women, possessed of impeccable integrity, on and we all know that. ample, that William Pryor is pro-life. the Eleventh Circuit. Bill Pryor has these Yet opponents of these judicial nomi- qualities in abundance. . . . There is no bet- nees, including the Senator from Cali- His belief in the sanctity of human life ter choice for this vacancy. no doubt helps explain his advocacy for fornia, are using exactly the same tac- That is Bill Baxley, former Alabama children. Like millions of Americans, tic, exactly the same logic. They con- Attorney General, leading Democrat in most Alabamians apparently share tinue doing so in this debate over Wil- the State. liam Pryor’s nomination. But this tac- such pro-life values. In 1997, the State Just think about that. These Demo- tic misleads the American people about legislature enacted a ban on partial- cratic leaders from Alabama paint a what judges do, and it twists and dis- birth abortion. If William Pryor were very consistent picture of William torts these debates about whether to what his critics claim, that would sure- Pryor. He will uphold the law without confirm judicial nominees. ly have been his chance to take a fear or favor. He makes decisions with- I am reminded of a 1998 article writ- stand, stake a claim, defy the Supreme out regard to political or irrelevant ten by the distinguished Judge Harry Court, and to seek to impose his per- factors. He is fairminded, intelligent, Edwards, appointed to the U.S. Court sonal moral code. He did no such thing, and industrious. I certainly agree with of Appeals for the DC Circuit by Presi- proving once again that his critics are this assessment, though it does not dent Jimmy Carter, in which he flat wrong. come first from the Senator from Utah. warned that giving the public a dis- (Mr. ALEXANDER assumed the chair.) Democrats such as Dr. Joe Reed, Rep- torted view of judges’ work is bad for Mr. HATCH. After the U.S. Supreme resentative Alvin Holmes, Judge Sue the judiciary and the rule of law. The Court ruled in Stenberg v. Carhart that Bell Cobb, and Attorney General Bill tactics being used against nominees a State legislative ban on partial-birth Baxley know the difference between such as William Pryor are, indeed, giv- abortion is unconstitutional, Attorney private views and public duty. They ing the public a distorted view of General William Pryor instructed know the difference between personal judges’ work. State law enforcement officials to opinion and judicial opinion. And they Thankfully, Judge Pryor knows the abide by that decision, even though he strongly support William Pryor’s nomi- difference between personal views and personally disagreed. The Senator from nation to the Eleventh Circuit. the law. He knows the difference be- Tennessee, Mr. ALEXANDER, presiding I wish some of my Democratic col- tween means and ends. And I am proud in the Chair right now, reminded us leagues and their left-wing enablers to say that Judge Pryor refuses to go earlier today that this was at General knew the difference. Instead they focus down the politicized road of judicial ac- Pryor’s own initiative. The law, not his only on results. All that matters, it ap- tivism. He has demonstrated where his personal views, formed how he carried pears, is that a judge rules right or commitment lies. He has shown, in out his official duties. left, as the case may be. each phase of his career, that he will Attorney General Pryor filed an ami- On Tuesday a Democratic Member of follow the law. cus brief in the Lawrence v. Texas case this body summed up their results-ori- Our colleague and my fellow Judici- defending a State’s right to prohibit ented litmus test approach when he ary Committee member, Senator SES- certain sexual conduct. Alabama had a said: SIONS, has worked very hard to educate statute similar to the Texas statute with respect to a whole series of issues, this this body about this fine nominee. He being challenged in that case. When nominee is profoundly wrong. has a special perspective on Judge Pry- the Supreme Court ruled against his No doubt each of us in this body has or’s commitment to follow the law. He position, he immediately released an heard something like that in a cam- hired William Pryor in the Alabama at- official statement that the Supreme paign commercial. We might hear it torney general’s office and Judge Pryor Court decision rendered Alabama’s law here when the Senate is in legislative replaced him when then-Attorney Gen- unenforceable. session. But this is a judicial nomina- eral SESSIONS joined us here in the Sen- Similarly, the entire country knows tion we are debating. What does it ate. I thank our colleague for his tire- that as Alabama Attorney General, mean to say that the judicial nominee less and principled efforts. I know this William Pryor took an unpopular stand is wrong on the issues? Never mind Senator’s understanding of this nomi- regarding the Ten Commandments dis- being judicially correct, just be politi- nee is better as a result. play in the Alabama judicial building. cally correct. Results are all that mat- William Pryor is demonstrating that One respected religious magazine ters. same commitment on the U.S. Court of

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12088 CONGRESSIONAL RECORD—SENATE June 9, 2005 Appeals for the Eleventh Circuit. That incredibly talented, intellectually hon- Court—against challenges by white Alabama is exactly what America needs in her est attorney general who calls the Republicans. judges, and I urge my colleagues to issues like they ought to be called. Bill Pryor further opposed a white Repub- support a permanent appointment for These are just some of the comments lican redistricting proposal that would have hurt African-American voters. He did not Judge William Pryor. made by Democrats, of which I am back down to criticism from his own party— Mr. President, I have taken a minute aware, who support this good man. not one inch. or two over my allotted time. I apolo- But that does not seem to stop some He then played a key role in the successful gize to my colleague. groups or people inside the beltway prosecution of former Ku Klux Klansmen The PRESIDING OFFICER. The Sen- from upping that ante and spreading Bobby Frank Cherry and Thomas Blanton, ator from Iowa. lies. The usual suspects are back in the Jr., for the 1963 bombings of the 16th Street Mr. GRASSLEY. Mr. President, I saddle again, however, with a venge- Baptist Church in Birmingham. support the confirmation of William Pryor started a mentoring program for at- ance to mischaracterize this man’s risk kids and regularly goes to Montgomery Pryor to the Eleventh Circuit. I think record and drag his good name through he is a truly outstanding individual public schools to teach African-American the mud. kids to read. and, most importantly, after all these But if one really takes a close look at Because Bill Pryor has a civil rights record years of waiting, I am pleased he is fi- Bill Pryor’s record, one can only find that very few can equal, it is no wonder that nally going to get an up-or-down vote that he is a man who embodies the African-American leaders who know and who on his nomination. I am pleased, in characteristics that any Federal judge have worked with him—like Artur Davis, Joe just a few hours, Bill Pryor will be con- ought to have. The fact is that William Reed, Cleo Thomas, and Alvin Holmes—sup- firmed as a Federal appellate judge. He port his nomination to the Eleventh Circuit Pryor is a man who puts law before Court of Appeals. more than deserves to be confirmed by politics. The role of a Federal judge, as the Senate. Bill Pryor is doing a great Ignoring Pryor’s defense of voting rights all my colleagues know and as best for African-Americans, People for the Amer- job now, and he will continue doing a stated by Chief Justice John Marshall, ican Way charges that he opposes the land- great job in the future. is to ‘‘say what the law is.’’ mark Voting Rights Act. The truth is, he has The problem is how we have gotten That is exactly upon which Bill dutifully enforced all of the Voting Rights to where we are with the hangup and Pryor has built a distinguished law ca- Act every time a case has come up. these judges not being voted on. I con- The article goes on to conclude: tinue to be troubled by the road we reer. The truth is, in the face of opposi- The truth and the record show that Bill have been going down in this judicial tion from both Democrats and Repub- licans, Bill Pryor has steadfastly based Pryor has fought for the civil rights and vot- nomination process. Unfortunately for ing rights of African-Americans in Alabama Bill Pryor, he has been one of the his legal decisions on court rulings and not on his own political beliefs. Bill when People for the American Way were no- prime targets of the slash-and-burn where to be found. Now that President Bush program of the left-wing liberal inter- Pryor’s actions are the only record has nominated Pryor to a Federal judgeship, est groups. He and several other good that we need to look at to see that this People for the American Way assumes that candidates nominated by President is an individual who truly believes in it can come here and attack him. . . .We who Bush have been subject to off-base, the rule of law. He is the right man for actually know Bill Pryor support him 100 percent. trumped-up charges which just smear the job, and we should keep this man an individual’s record without regard on the Eleventh Circuit Court. Mr. President, I ask unanimous con- to the reality of that record. I have looked at Bill Pryor’s record sent to print in the RECORD the article We need to look at the merits of a and some of the allegations made from which I quoted so people can read candidate, and, on the merits, Bill against him. Bill Pryor wins hands it in its entirety. Pryor is one of the more impressive down, no contest. There being no objection, the mate- nominees coming before the Senate. I would like to refer to an article in rial was ordered to be printed in the William Pryor graduated magna cum the ‘‘Mobile Press Register,’’ ‘‘Civil RECORD, as follows: laude from Tulane Law School, where Rights Guardian, Outstanding Nomi- [From CFIF.ORG] he was editor in chief of the law re- nee.’’ In this article, Willie Huntley CIVIL RIGHTS GUARDIAN, OUTSTANDING view. He served as a law clerk to civil took the opportunity to distinguish the NOMINEE rights legend and champion Judge views of Alabamians and most Ameri- (By Willie J. Huntley Jr.) John Wisdom. He practiced law for sev- cans from those shared by some inside- The Washington-headquartered, liberal eral years before joining the attorney the-beltway, left-wing interest groups. witch-hunt against President Bush’s federal general’s office in the State of Ala- Mr. Huntley is an African-American at- judicial nominees has targeted its next vic- bama. He also taught law as an adjunct torney. He is from Bill Pryor’s home- tim, and it is one of our own: Bill Pryor, the professor at Cumberland Law School. town. He expressed why the people of attorney general of Alabama. So without a doubt, and going even be- Alabama should continue to trust in Among those leading the charge against Pryor is the mis-named group People For the yond the good attributes I pointed out, this man, Bill Pryor, rather than in the American Way. This should be no surprise; Bill Pryor has the legal experience to liberal special interest groups, such as PFAW has led vicious attacks against Attor- serve on this Federal bench. But that is People for the American Way, organi- ney General John Ashcroft, Justice Clarence not all. William Pryor has the unwav- zations that are so powerful here with Thomas, Priscilla Owen, Miguel Estrada and ering support of the people who knew some Members of Congress. numerous other Republican nominees. him best—the citizens of his very own I would like to read some of what PFAW is a radical leftist group that has State of Alabama. His support among this article has to say about Bill Pryor, supported broad court protection for child Alabama Republicans is near unani- again, emphasizing Willie Huntley, an pornography; burning the American flag, and mous. But furthermore, and maybe publicly funded art portraying the Virgin African-American attorney from Bill Mary splattered with elephant dung. Most more importantly, some of the most Pryor’s hometown: recently, PFAW helped coordinate protests important members of the Alabama People for the American Way asserts that against the war in Iraq—the war in which Democratic leadership are just as sup- Pryor’s appointment would devastate civil some Alabamians gave their lives for their portive of this Pryor nomination. rights. What its people don’t say is that after country. For example, the chairman of the about 100 years of inaction by other leaders, PFAW is funded by the pornography indus- Alabama Democratic Conference, Bill Pryor led a coalition that included the try and Hollywood radicals, including Play- which is the State Democratic Party’s NAACP to rid the Alabama Constitution of boy magazine, the Screen Actors Guild, and African-American caucus, said that its racist ban on interracial marriage. the Center for Alternative Media & Culture. Bill Pryor then defended the repeal against (And they call Bill Pryor an extremist.) Bill Pryor is a first-class public official a court challenge by a so-called Confederate PFAW asserts that Pryor’s appointment who will be a credit to the judiciary organization. Our Attorney General also would devastate civil rights. What its people and a guardian of justice. took the side of the NAACP in successfully don’t say is that after about 100 years of in- Former Democratic Gov. Don defending majority-minority voting dis- action by other leaders, Bill Pryor led a coa- Siegelman described Bill Pryor as an tricts—all the way to the U.S. Supreme lition that included the NAACP to rid the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12089 Alabama Constitution of its racist ban on neys to apply Alabama’s partial-birth abor- confirmed by this Senate for the Elev- interracial marriage. tion law in a moderate way that was con- enth Circuit Court of Appeals. Pryor then defended the repeal against a sistent with U.S. Supreme Court precedent. I yield the floor. Again, he was criticized by Republicans; court challenge by a so-called Confederate The PRESIDING OFFICER. The Sen- heritage organization. pro-life activists accused him of gutting the Our attorney general also took the side of statute. Again, he didn’t back down. ator from Massachusetts. the NAACP in successfully defending major- Not surprisingly, PFAW and its allies have Mr. KENNEDY. Mr. President, I un- ity-minority voting districts—all the way to attacked Pryor for supporting the display of derstand we are under a time consider- the U.S. Supreme Court—against a challenge the Ten Commandments in courthouses. But ation. I believe I have half an hour. Is by white Alabama Republicans. Pryor simply took the position that if a rep- that correct? Bill Pryor further opposed a white Repub- resentation of the Ten Commandments can The PRESIDING OFFICER. The Sen- lican redistricting proposal that would have be carved into the wall of the U.S. Supreme ator is correct. Court’s courtroom, it can be placed in an hurt African-American voters. He did not Mr. KENNEDY. Will the Chair re- back down to criticism from his own party— Alabama courtroom. not one inch. PFAW also has attacked Pryor for the po- mind me when I have 5 minutes re- He then played a key role in the successful sition he took in the Alexander vs. Sandoval maining? prosecution of former Ku Klux Klansmen case, in which a person who didn’t speak The PRESIDING OFFICER. The Bobby Frank Cherry and Thomas Blanton Jr. English sued to force Alabama to spend its Chair will do that. for the 1963 bombing of the Sixteenth Street money on printing driver’s license tests in Mr. KENNEDY. Mr. President, I urge Baptist Church in Birmingham. In fact, he foreign languages. my colleagues to oppose Mr. Pryor’s As broke as our state is, there are better will personally argue to uphold Blanton’s nomination. Contrary to the wide- murder conviction before the Alabama Court things to spend our money on—like teaching of Criminal Appeals later this month. kids to read English so they can take the spread impression of a partisan break- Pryor started a mentoring program for at- test and read road signs, and also paving the down in the judicial nominations proc- risk kids, and regularly goes to Montgomery roads for them to drive on. Pryor fought this ess, Democrats in this closely divided public schools to teach African-American attempt to drain our state budget, and the Senate have sought to cooperate with kids to read. U.S. Supreme Court agreed with him. the President on the issues. And we Because Bill Pryor has a civil rights record The truth and the record show that Bill have largely succeeded. We have con- Pryor has fought for the civil rights and vot- that very few can equal, it is no wonder that firmed 210 of President Bush’s nomi- African-American leaders who know and ing rights of African-Americans in Alabama have worked with him—like Artur Davis, Joe when PFAW was nowhere to be found. Now nees in the past 4 years; 96 percent of Reed, Cleo Thomas and Alvin Holmes—sup- that President Bush has nominated Pryor to the nominees have been confirmed. port his nomination to the 11th Circuit a federal judgeship, PFAW assumes that it Only 10 nominees did not receive the Court of Appeals. can come here and attack him. broad bipartisan support needed for Ignoring Pryor’s defense of voting rights I, for one, suggest that PFAW pack up its confirmation, because their records for African-Americans, PFAW charges that pro-pornography, flag-burning, anti-reli- showed that they would roll back basic he opposes the landmark Voting Rights Act. gious, attack-dog tactics and go back to Hol- rights and protections. lywood and Washington. The truth is, he has dutifully enforced all of Mr. Pryor’s nomination illustrates the Voting Rights Act every time a case has We who actually know Bill Pryor support come up. him 100 percent. the problems. His views are at the ex- Pryor has simply stated that a procedural Mr. GRASSLEY. Mr. President, I treme right wing of legal thinking. It part of the Voting Rights Act—Section 5— hope my colleagues will see through all is clear from his record that he does has problems that Congress should fix. Sec- the smoke and mirrors that have been not deserve confirmation to a lifetime tion 5 requires federal officials in Wash- kicked up by groups such as the People seat on an appellate court that often ington to approve even minor changes in vot- for the American Way. I hope my col- has the last word on vital issues for ing practices that have nothing to do with millions of people who live in Alabama, discrimination. leagues will take a very close look at For example, last year, Pryor issued an the facts and reject those allegations Georgia, and Florida, the States that opinion that required a white replacement that are not true, just as many Ala- comprise the Eleventh Circuit. candidate for a deceased white state legis- bamians have so rejected because the Mr. Pryor is no true conservative. He lator to get Washington approval under Sec- people who know this man best ought has sought to advance a radical agenda tion 5 to use stickers to put his name on the to be the ones to whom we listen. contrary to much of the Supreme ballot over the name of the deceased can- I hope that Bill Pryor’s true record Court’s jurisprudence over the last 40 didate. will shine through and that my col- years, and at odds with important Thurbert Baker, the African-American precedents that have made our country Democratic attorney general of Georgia, has leagues will join me in supporting his voiced similar concerns about Section 5 be- nomination. more inclusive and fair. fore the U.S. Supreme Court. I close by, once again, telling my Mr. Pryor has fought aggressively to Undeterred, PFAW and its allies also Senate colleagues that if the role of a undermine the power of Congress to charge that Pryor believes in ‘‘states’ Federal judge is to say, as Chief Jus- protect civil and individual rights. He rights’’—their code words for racism. The tice John Marshall said, ‘‘to say what has tried to cut back on the Family truth is that he believes in the Constitution. the law is,’’ then there are very few and Medical Leave Act, the Americans He has fought to protect the state’s treasury candidates as qualified as William with Disabilities Act, and the Clean from lawsuits that would have taken our tax Water Act. He has been contemp- dollars away from the state—away from sal- Pryor. aries for teachers and medical care for poor Being a good judge is not about doing tuously dismissive of claims of racial people. what is popular, and it is not for sure bias in the application of the death It is the job of an attorney general to de- about giving in to liberal special inter- penalty, and has relentlessly advocated fend his client—the state. In fact, the key est groups, and it certainly is not the use of the death penalty, even for Supreme Court case on defending a state about legislating the left-wing’s agenda persons with mental retardation. Mr. from lawsuits was won not by Pryor, but by from the bench. Being a good judge is Pryor has even ridiculed the current Democratic Attorney General Bob Butter- about fairly applying the law, fairly Supreme Court Justices, calling them worth of Florida. Democratic attorneys general like Eliot applying the law no matter who the ‘‘nine octogenarian lawyers who hap- Spitzer of New York, Jim Doyle of Wisconsin person is, no matter how unpopular the pen to sit on the Supreme Court.’’ He and others have all made the same argu- cause or the argument being advocated even has his facts wrong. Only two of ments to defend their state budgets. I guess is. It is not the role of a judge, nor the nine Justices are 80 years old or they are all ‘‘right-wing extremists,’’ too. should it ever be the role of a judge, to older. PFAW and its allies have also attacked serve as a puppet to the popular posi- In addition to these serious sub- Pryor for being extremist on abortion rights. tion. That is what William Pryor has stantive concerns, his nomination was As a dedicated Roman Catholic, Bill Pryor loves kids and is against abortion, no doubt built his career on—the rule of law, en- rushed through the Judiciary Com- about it. forcing the law, carrying out the law. mittee in violation of the committee’s But even though he disagrees with abor- I know that is what William Pryor rules, before the committee could com- tion, he instructed Alabama’s district attor- will continue to do when he is finally plete its investigation of major ethical

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12090 CONGRESSIONAL RECORD—SENATE June 9, 2005 questions raised by the nominee’s own tion of the matter, in accordance with I mention this to make clear that the testimony at his hearing and by his an- an investigative plan provided to the matters raised by this investigation swers and non-answers to the commit- majority. No witnesses were ever ques- are very serious, and we should not tee’s follow-up questions. When these tioned under oath as part of the inves- sweep these questions under the rug. serious problems in Mr. Pryor’s record tigation, and in fact, the investigation We are not doing our job in reviewing prevented him from receiving the Sen- was cut short by the committee major- this nomination if we look the other ate support needed for confirmation, ity almost as soon as it began. The Re- way in the face of these serious ethical President Bush made an end-run publican investigator actually in- questions. The Judiciary Committee around the constitutional system of structed interviewees that they did not should have completed the investiga- checks and balances by giving him a have to answer questions from the mi- tion in 2003, reviewed its findings, recess appointment during a brief Sen- nority investigator, or comply with heard from the nominee under oath, ate recess that was, in all likelihood, document requests from the minority. and then decided whether he should be an unconstitutional use of the recess As a result, all of the committee listed for debate and consideration. appointment power. Democrats, having considered the in- This year, when the committee again In the last Congress, some Members formation available up to that point, considered Judge Pryor’s nomination, of the majority presented a version of wrote to the chairman and informed the majority offered to permit a few the history of the nomination and the him that the investigation was pro- phone calls to witnesses whose tele- committee’s investigation which did ducing serious and disturbing informa- phone interviews were not completed not comport with the facts. The his- tion, that it would require substantial or who could not be found in 2003. That tory is important, because it shows additional time, that his investigators offer was appreciated, but, as was obvi- that Democrats have in fact acted ex- were interfering with it, and that after ous from the first call, it was too little peditiously and responsibly, and that it was complete, the minority members and too late. the rush to judgment in the committee would want to question the nominee The well of evidence had been in the last Congress was clearly an ef- under oath. poisoned by the majority investigator’s fort to cut off a needed further inves- The Republican staff had offered in- negative statements to witnesses in tigation. formal staff interviews with the nomi- 2003, and now it would take an even As the extraordinary rollcall vote in nee before that time, but the Demo- more concerted inquiry to elicit the the Judiciary Committee on July 23, cratic investigators had, as any serious full story from witnesses who were ad- 2003 shows, every member of the minor- investigator would, declined that offer verse to begin with. Nevertheless, be- ity voted, ‘‘no, under protest for the until the basic investigative work had cause some day that story will prob- violation of Rule IV.’’ been done. In any event, the Demo- ably come out, this aspect of the nomi- Democrats did not invent the issue cratic members wanted to question the nation remains a ticking-ethical time that provoked such an unprecedented nominee in person under oath at the bomb. The rush to judgment on this nomi- protest. Years before Mr. Pryor’s nomi- appropriate time. nation is particularly troubling, given nation, lengthy articles in Texas and At the committee meeting to con- the serious substantive problems in Mr. D.C. newspapers raised the question of sider the issue, the chairman rejected Pryor’s record. His supporters say that the propriety of the activities of the the minority’s unanimous request out his views have gained acceptance by Republican Attorneys General Associa- of hand. He insisted on a vote on the the courts, and that his legal positions tion. nomination without completion of the are well within the legal mainstream, It was reported that the organization investigation and without further ques- but many disagree. Mr. Pryor has con- sought campaign contributions to sup- tioning of the nominee under oath. sistently advocated to narrow indi- port the election of Republican attor- That was the situation when Senator vidual rights and freedoms far beyond neys general, by arguing they would be EAHY L invoked the committee’s rule IV what any court in this land has been less aggressive than Democratic attor- to prevent a premature vote on the willing to hold. neys general in challenging business nomination. The party line vote was The Supreme Court rejected his argu- interests for violations of the law. 10–9. ment that States could not be sued for Some descriptions of this effort charac- The fact that no minority member money damages for violating the Fam- terized it as a ‘‘shakedown’’ scheme. was among the 10 should have pre- ily and Medical Leave Act. Had Mr. The leaders of the association denied vented an immediate vote on the nomi- Pryor prevailed, it would have been far the allegations, but refused to disclose nation and allowed the investigation to more difficult to protect workers who its contributors. They were able to continue. But the chairman refused to need time off because of their own maintain their secrecy by funneling follow rule IV and insisted on an imme- health problems or to care for a loved the contributions through an account diate vote. one. at the Republican National Committee The 9 Democrats on the committee The Supreme Court also rejected Mr. that aggregated various kinds of State all voted against reporting the nomina- Pryor’s sweeping argument that Con- campaign contributions, and avoided tion, each noting an objection to the gress lacked authority to pass the separate public reporting of the con- violation of rule IV. Clean Water Act’s protections for wet- tributions or the amount of their gifts. The 10 Republicans voted to report it, lands that are home to migratory The issue received significant press with one Republican stating that his birds. coverage during the 2002 Senate cam- vote to report it did not mean he would The Court rejected his argument that paign in Texas, especially after several necessarily vote for the nominee on the States should be able to criminalize Republican attorneys general de- floor. He also stated that he would private sexual conduct between con- nounced the association as fraught want to review the results of the inves- senting adults. It rejected his far- with ethical problems. tigation with the nominee before any reaching argument that counties Because Mr. Pryor had been identi- Senate vote. should have the same immunity from fied publicly as a leader of the associa- Despite the lack of cooperation from lawsuits that Sates have. It rejected tion’s efforts, and the ethical issues the majority staff, the minority staff his argument that the right to counsel raised by it were obviously relevant to attempted to obtain further informa- does not apply to defendants with sus- his qualifications, he was asked about tion, and did develop new information pended sentences of imprisonment. It the issue at his nomination hearing which expanded both the scope and the rejected his argument that it was con- and in written follow-up questions. His gravity of our original concerns. How- stitutional for Alabama prison guards responses avoided the issue and raised ever, in the face of the majority’s re- to handcuff prisoners to hitching posts more questions than they answered. fusal to cooperate, a further investiga- for hours in the summer heat. In July 2003, the Judiciary Com- tion involving the witnesses was im- Mr. Pryors opposition to the rights of mittee began a bipartisan investiga- possible. the disabled is particularly disturbing.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12091 In one case, in an opinion Justice Again and again, his far-reaching ar- all Americans, regardless of race. Yet Scalia, the Supreme Court unani- guments like these have been rejected we are now being asked by the adminis- mously rejected his argument that the by the courts. Mr. Pryor is not a nomi- tration to confirm a nominee who op- Americans with Disabilities Act does nee within the legal mainstream. poses the Voting Rights Act. not apply to State prisons. He and his supporters pretend that he The Supreme Court has repeatedly In another case, the Supreme Court is only ‘‘following the law,’’ but in fact upheld the constitutionality of section rejected his view that provisions of the Mr. Pryor repeatedly tried to make dif- 5, but Mr. Pryor’s derisive state- act ensuring that those with disabil- ferent law, using the Alabama Attor- ments—criticizing both the act and the ities have access to public services are ney General’s office as a political plat- Supreme Court itself—give no con- unconstitutional. In that case, a plain- form for his own radical agenda. fidence that he will enforce the law’s tiff who uses a wheelchair had chal- We are expected to believe that de- provisions. There is too much at stake lenged the denial of access to a public spite the intensity with which he has to risk confirming a judge who would courthouse. He had refused to crawl up advocated for these radical legal posi- turn back progress on protecting the the courthouse stairs to reach the pub- tions and the many years he has de- right to vote. lic courtroom. In his brief in the case, voted to dismantling basic rights, he It is no surprise that this nomination Mr. Pryor argued that Congress has no will start to ‘‘follow the law’’ if he re- is opposed by leaders of the civil rights power to require States to make public ceives a lifetime appointment to the movement, including the Reverend facilities accessible to the disabled. He Eleventh Circuit. Repeating that Fred Shuttlesworth, a leader of the argued that denying access to court- mantra again and again and again in Alabama movement for civil rights, houses does not violate the principle of the face of his extreme record does not the Reverend C.T. Vivian, and many of equal protection, because the disabled make it credible that he will do so. Dr. Martin Luther King’s other close have no absolute right to attend legal His many inflammatory statements advisors and associates. proceedings affecting their rights. show that he lacks the temperament to It is clear that Mr. Pryor sees the In arguing that the legislative his- serve on the Federal court. He ridi- Federal courts as a place to advance tory did not show a need for them to culed the Supreme Court of the United his political agenda. When President act, Mr. Pryor dismissed congressional States for granting a temporary stay of Bush was elected in 2000, Mr. Pryor findings of discrimination against the execution in a capital punishment case. gave a speech praising his election as disabled, and evidence that the Univer- Alabama was one of only two States in the ‘‘last best hope for federalism.’’ He sity of Georgia had located its office of the Nation that uses the electric chair ended his speech with these words—a handicapped services in an inaccessible as its sole method of execution. The ‘‘prayer for the next administration: second-floor room. According to Mr. Supreme Court granted review to de- Please God, no more Souters.’’ He was referring to Justice Souter, a Repub- Pryor, such ‘‘anecdotes provide no indi- termine whether the use of the electric lican nominee to the court, whose opin- cation of the extent of the inacces- chair was cruel and unusual punish- ions Mr. Pryor apparently disagreed sibility, or whether the inaccessibility ment. lacked a rational basis and was there- For Mr. Pryor, however, the Court with. In another speech, he said he was fore unconstitutional.’’ That is non- should not even have paused to con- thankful for the Bush v. Gore decision. sense. It is obvious that the wording of sider the Eighth Amendment. He said I wanted Governor Bush to have a full this legislative history clearly de- the issue: should not be decided by nine appreciation of the judiciary and judi- scribes the extent of the inacces- octogenarian lawyers who happen to cial selection so we can have no more sibility. And there is no rational jus- sit on the Supreme Court. This does appointments like Justice Souter. tification for a State university to put not reflect the thoughtfulness we seek Some have argued that Mr. Pryor’s an office serving disabled students in in our Federal judges. record in his year as a recess appointee an inaccessible second-floor location. He is dismissive of concerns about on the Eleventh Circuit somehow The Supreme Court also rejected Mr. fairness in capital punishment and the erases his long career of opposition to Pryor’s radical view of what con- possible execution of persons who are fundamental rights. The fact that Mr. stitutes cruel and unusual punishment innocent. He has stated: make no mis- Pryor has voted with other judges dur- in the use of the death penalty. It re- take about it, the death penalty mora- ing the period when he was temporarily jected his argument that executing re- torium movement is headed by an ac- appointed to the court says nothing tarded persons does not offend the tivist minority with little concern for about what he would do if given a life- eighth amendment. The Eleventh Cir- what is really going on in our criminal time appointment and the freedom cuit, a court dominated by conserv- justice system. from Senate oversight. It is no wonder ative, Republican appointees, later On the issue of women’s rights, Mr. that he might be cautious when he unanimously rejected Mr. Pryor’s at- Pryor has criticized constitutional pro- only has a temporary appointment to tempt to evade the Supreme Court’s tections against gender discrimination. the court. We should not be swayed by decision. He had tried to prevent a pris- He dismissed as ‘‘political correctness’’ ‘‘confirmation conversions,’’ and espe- oner with an IQ of 65, who even the the Supreme Court’s decision that a cially not by ‘‘recess appointment con- prosecution agreed was mentally re- State-run military academy could not versions.’’ tarded, from raising a claim that he deny admission to women because of My colleagues on the other side have should not be executed. stereotypes about how women learn. brought up every argument they could The Supreme Court also rejected his In a 1997 statement to Congress, Mr. find to save him. His record is full of attempt to limit the right to counsel Pryor opposed section 5 of the Voting examples of extreme views, and they for the poor. Mr. Pryor argued that the Rights Act, which has been indispen- try to rebut each one. They call Senate poor have no right to counsel in mis- sable in ensuring that all Americans Democrats and citizens who question demeanor cases, even if they risk im- have the right to vote, regardless of Mr. Pryor’s fitness—including more prisonment if found guilty. He told the race or ethnic background. He called than 204 local and national groups—a Court during oral argument that it is this important law an affront to fed- variety of names. They even accuse us reasonable for the State to preserve its eralism and an expensive burden that of religious bias. own resources, just as a more affluent has far outlived its usefulness. They claim that those who oppose defendant would preserve its resources In March, we commemorated the 40th Mr. Pryor’s nomination do so because and not incur the cost of counsel in anniversary of Bloody Sunday, in of his faith. That’s ridiculous given the this kind of circumstance. The Su- which Martin Luther King, Congress- record. Such a claim is unworthy of the preme Court held that the right to man JOHN LEWIS, and others were bru- Senate. Most of us would have had no counsel when the accused faces possible tally attacked on a peaceful march in idea what religious views are held by imprisonment is more important than Mr. Pryor’s home State of Alabama Pryor, or any other nominee, if Repub- Mr. Pryor’s financial concern. while supporting the right to vote for licans had not raised the issue.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12092 CONGRESSIONAL RECORD—SENATE June 9, 2005 The real question is why, when there for millions of our workers—are we I yield the floor. are so many qualified Republican at- doing very much about that on the I suggest the absence of a quorum. torneys in Alabama, the President floor of the Senate? No. The PRESIDING OFFICER. The would choose such a divisive nominee? Wednesday: clerk will call the roll. Why pick one whose record raises so G. M. Will Reduce Hourly Workers by The assistant bill clerk proceeded to much doubt as to whether he will be 25,000. General Motors said Tuesday it will call the roll. fair? Why pick one who can muster cut 25,000 from its blue collar workforce. Mr. SPECTER. Mr. President, I ask only a rating of partially unqualified We don’t have a silver bullet to an- unanimous consent the order for the from the American Bar Association? swer that, but don’t we think we quorum call be rescinded. At stake is the independence of our should be thinking about, if we lost The PRESIDING OFFICER. Without Federal courts. We count on Federal 25,000 workers, what we ought to do objection, it is so ordered. judges to be intelligent, to have the and what we might do in terms of help- Mr. SPECTER. Mr. President, I have highest integrity, to be open-minded. ing working families and looking at an sought recognition to support the nom- Most of all, we count on them to treat industry? That was Wednesday. ination of Judge William H. Pryor, Jr., everyone fairly and not to prejudge a Here we have Thursday, front-page to be a judge for the Eleventh Circuit. case based on ideology. Mr, Pryor is story: It has been divided. free to pursue his agenda as a lawyer or Limit for Award in Tobacco Case Set Off Judge Pryor comes to this position Protests. as an advocate, but he does not have with a very distinguished record. He the open-mindedness and fairness need- The Justice Department’s decision to graduated from Northeast Louisiana ed to be a Federal judge, and I urge my seek $10 billion instead of what the pro- University in 1984, magna cum laude; colleagues to defeat this nomination. fessional attorneys in the Justice De- from the Tulane University School of Mr. President, I have, I believe, just partment said that they should, $130 Law in 1987, again magna cum laude; a few minutes left. How much time do billion. was editor-chief of the Law Review of I have? They were going to use that $130 bil- the Tulane University School of Law, The PRESIDING OFFICER. The Sen- lion to educate primarily teenagers, which is no minor achievement. There ator has 7 minutes. primarily teenage girls. Four thousand are not too many editors-in-chief Mr. KENNEDY. Mr. President, I have teenagers start smoking every day, and around. That is quite an accomplish- pointed out at other times in recent 2,000 become addicted. Try to educate ment. So the academic career is really days that we have been tied up with them with $130 billion? What happened extraordinary. these Federal judges—the handful of to the Justice Department? They threw Following graduation from law Federal judges who will have enormous in the towel. You would think we school, he was law clerk to Judge John impact in terms of our court systems— would talk about that. Minor Wisdom for the Court of Appeals we have been tied up with this issue for That is in this last week. These for the Fifth Circuit, a very distin- weeks and weeks when this President issues affect middle-income working guished jurist. A I speak on this sub- families, and what do we spend our could have appointed, as I mentioned ject, the Presiding Officer is Senator time on here in the Senate for the last in the final moments of my speech, LAMAR ALEXANDER, who, as I recollect, 6, 7, 8, 9 weeks? Debating these judges, outstanding, distinguished jurists who was also a law clerk to Judge John when we know if we had a President could have gone through here like 95 or Minor Wisdom and, on the rec- who would offer nominees in the main- 96 percent of the other nominees. ommendation of Senator ALEXANDER, stream of judicial thinking, those indi- While we have been taking weeks and he spoke very highly of William Pryor, viduals would be confirmed, like 96 per- weeks, let me just mention a few of the the people who knew him in a very dis- cent of them were. Then perhaps we things that have been happening that tinguished clerkship, one of America’s would have a chance to do something are affecting real American families. great, historical jurists. Bill Pryor was Let’s just take the last week, for exam- that has been talked about on every front page of every newspaper just this his law clerk. ple. Let’s take the New York Times He then had a distinguished record in last Sunday: last week and that affects in a very real and important way the quality of the practice of law, working for the Tax Laws Help to Widen the Gap at the firm of Cabaniss, Johnston, Gardner, Very Top. The share of the Nation’s income life of children in this country, work- ing families, and retirees. Dumas & O’Neal; was an adjunct pro- earned by those in the uppermost category fessor at the Samford University, Cum- has more than doubled since 1980. Finally, I think I join with Senator LEVIN and Harry Reid, wondering why berland School of Law; and came back There is a long article about what is into the practice of law for 4 more happening in our country between the in the world next week we are not going to be considering the Defense Au- years with Walston, Stabler, Wells, An- working families, middle-income fami- derson & Bains. Then, from 1995 to 2004, lies, and the super-wealthy, and the thorization bill instead of going to the Energy bill. We need an energy bill but, he was Deputy Attorney General and reasons for it. Are we debating or con- also Attorney General of the State of sidering or thinking about doing any- as has been pointed out by the sup- porters of the Energy bill, passage of Alabama and has been on the U.S. Cir- thing about that? No, not the Senate. cuit Court for the Eleventh Circuit now Here is Monday, New York Times: that bill will not reduce the gas price by 1 cent. The Defense Authorization for a year, having obtained an interim College Aid Rules Change and Families appointment from President Bush. Pay More. bill will send a very clear message about our commitment on death bene- Judge Pryor has been criticized for Are we doing anything about that his views, expressed very forcefully, in this week? Are we having a debate on fits, on uparmoring humvees, on look- ing after families in terms of health in- opposition to the decision of the Su- that issue, about what we can do to surance—all of these issues that are preme Court of the United States in make college tuition more available to out there. We would send a very clear Roe v. Wade. The quotation attributed families here in the United States? No, message that the Senate of the United to him was that it was the ‘‘worst no. That is not on the agenda. abomination of constitutional law in Then look at Tuesday: States is behind that reauthorization. We may have our questions about Iraq our history,’’ which is pretty strong Pension Law Loopholes Help United Hide language. That is about as strong as Its Troubles. policy, but everyone in this body sup- Loopholes in the federal pension . . . allow ports our troops. Why aren’t we consid- you can get. United Airlines to treatment its pension ering the Defense Authorization bill? The issue is not what is his personal fund . . . solid for years when in fact it was These are some of the concerns many view of Roe v. Wade. The issue is what dangerously weakened. of us have who think this Senate is not would he do as a circuit court of ap- And it basically collapsed. meeting its responsibilities to the peals judge when faced with the respon- Pensions, retirement for working American people or to our national se- sibility to uphold the law of the land, families, a matter of principal concern curity and defense. of the Supreme Court.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12093 This subject came up during the con- handed down quite a number of opin- quite a number of situations where he firmation hearing of Judge Pryor be- ions which show maturity, which show took positions which were very un- fore the Judiciary Committee on June growth, and which undercut many of popular politically and contrary to his 11, 2003. I propounded the following the objections of his critics. own views, but did so because of his de- question to Judge Pryor: I ask unanimous consent the relevant termination and his recognition that The Chairman [Senator HATCH at the time] portions of the transcript I have just he was supposed to uphold the law of has asked about whether you have made referred to from the Judiciary Com- the land. some comments which you consider intem- mittee hearing and the letter which I In a very highly celebrated case na- perate, and I regret I could not be here ear- sent to Senator REID dated March 3, tionally and internationally, as Attor- lier today, but as you know, we have many 2005, be printed in the RECORD at the ney General for Alabama he proceeded conflicting schedules. But I note the com- conclusion of my statement. against Alabama Chief Justice Roy ment you made after Planned Parenthood v. The PRESIDING OFFICER. Without Moore for refusing to remove the large Casey, where you were quoted as saying— objection, it is so ordered. depiction of the Ten Commandments first I would ask you if this is accurate. I (See exhibit 1.) have seen a quote or two not accurate. ‘‘In on display in the Alabama Supreme the 1992 case of Planned Parenthood v. Casey Mr. SPECTER. Shortly after becom- Court after the Federal courts ruled the Court preserved the worst abomination ing chairman of the Judiciary Com- the display was unconstitutional. In of constitutional law in our history,’’ . . . is mittee, within a week, by memo- that case, Judge Pryor commented that an accurate quotation of yours? randum dated January 12 of this year, that his personal beliefs were contrary Mr. PRYOR. Yes. I sent to all members of the Judiciary to what he was ruling. He took a lot of It is pretty hard to get a simple an- Committee a memorandum including criticism from his Alabama constitu- swer of a witness anywhere and I ap- summaries of some of Judge Pryor’s ency and when asked about his decision preciated that kind of brevity. statements which I thought merited to enforce the law against Alabama I continued: analysis and reconsideration by those Chief Justice Moore, Judge Pryor stat- Senator SPECTER. Is that one which would who had opposed him in the past. ed: fall into the category that Senator Hatch Those opinions included the decision in This was not a tough call. I believe that has commented on, you wish you had not DIRECTV v. Treworgy, where Judge our freedom depends on the rule of law. The made? Pryor ruled against a major satellite reason the American experiment has been Mr. PRYOR: No, I stand by the comment. transmission corporation, instead sid- successful is because we are a nation of laws Then I asked: ing with a private citizen to shield him and not of men. No person is above the law. Why do you consider it an abomination, from liability. Also, a case on Judge We have to abide by the law even when we Attorney General Pryor? Pryor’s decision protecting religious disagree with it. That is the guiding prin- ciple of my public service. And he responded: liberty, Benning v. Georgia, also de- Well, I believe that not only is the case un- cided in the year 2004. A case illus- Hard to structure a response better supported by the text and structure of the trating Judge Pryor’s protection of than that. Cannot do any better than Constitution. But it has led to a morally civil rights in the case of Wilson v. B/ that, when you say you disagree with wrong result. E Aerospace, Incorporated. A case something and you disagree strongly, And he goes on to give his reasons for which involved a district court’s dis- but you recognize your obligation to his conclusion. missal of a female employee’s gender enforce the law. On other occasions, then-Attorney He was very candid, very steadfast, discrimination claims. Judge Pryor re- and stood up to what he had said and instated her claim of bias as to pro- General Pryor set aside personal beliefs was not running from it. motion and remanded back to the dis- and instructed State law enforcement Later, he made it plain he would trict court. officials to enforce the Supreme Court abide by the law of the land, that his By way of amplification of the case I rulings. Shortly after the U.S. Supreme personal views of Roe v. Wade were not referred to on Benning v. Georgia, that Court issued its ruling in Lawrence v. determinative. The record shows my involved a situation when the Georgia Texas, he released a press statement own view has been to uphold the Su- prison system refused an inmate’s re- through the Web site of the Office of preme Court decision in Roe v. Wade, a quest to practice his Jewish faith. Attorney General saying that in light subject I will not discuss as to my own Judge Pryor enabled the prisoner to of the Supreme Court ruling in Law- views, but I respect a difference of continue to worship in his preferred rence: opinion. manner. the law of Alabama . . . which prohibits con- In looking for the confirmation of a The case involving Sarmiento- sensual sodomy between unmarried persons, Federal judge, the issue is, will he fol- Cisneros, where Judge Pryor ruled pro- is now unenforceable. low the law of the land. He said he tecting immigrants’ rights, involved a Similarly, after the Supreme Court would and said so very emphatically on Mexican immigrant who desired to re- ruled in Stenberg v. Carhart, which the record. main in the United States with his struck down a Nebraska law prohib- On March 3 of this year, I wrote to family. Judge Pryor vacated the depor- iting partial-birth abortion, then-At- Senator REID because this question had tation order, enabling the family to re- torney General Pryor issued a state- come up. I cited the applicable page of main together, and brought a common- ment to State officials saying State of- the record June 11, page 45 of the tran- sense interpretation to a harsh ruling ficials ‘‘are obligated to obey the script where the following exchange oc- by the Bureau of Immigration and Cus- Stenberg ruling until it is overruled or curred: toms Enforcement. otherwise set aside.’’ Chairman HATCH. So even when you dis- The case of Brown v. Johnson is an Judge Pryor’s record shows commit- agree with Roe v. Wade you would act in ac- illustration of Judge Pryor’s judgment ment to improving race relations and cordance with Roe v. Wade on the Eleventh and decision in protecting prisoners’ protecting racial equality. As attorney Circuit Court of Appeals? rights. Judge Pryor recognized the general, Judge Pryor worked with Mr. PRYOR. Even though I strongly dis- need for improvement in the treatment President Clinton’s U.S. attorney Doug agree with Roe v. Wade I have acted in ac- of an inmate afflicted with HIV and Jones to prosecute former klansmen cordance with it as Attorney General and who bombed Birmingham’s 16th Street would continue to do so as a Court of Ap- concluded that prison officials were not peals judge. sufficiently concerned about the seri- Baptist Church in the 1960s which re- Chairman HATCH. Can we rely on that? ous medical needs under the Eighth sulted in the death of four young girls. Mr. PRYOR. You can take it to the bank, and 14th Amendments. He helped to start a drive to rid the Mr. Chairman. Judge Pryor also stood by the peti- Alabama Constitution of its racist pro- Again, that is about as emphatic as tioner, permitting him to proceed in hibition on interracial marriage and you can be on that subject. forma pauperis. then stepped up to head the effort to During the course of Judge Pryor’s Judge Pryor has faced, in his capac- end the ban, ultimately to its victory tenure on the Court of Appeals, he has ity as Attorney General of Alabama, in November of 2000.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12094 CONGRESSIONAL RECORD—SENATE June 9, 2005 He dedicated much of his career to Mr. PRYOR. No, I stand by that comment. That is the same duty that I would have as protecting the interests and the safety Senator SPECTER. Why do you consider it a judge. Now, as an advocate for the State of of women. As Attorney General, he an abomination, Attorney General Pryor? Alabama of course I have an obligation to supported and lobbied for legislation Mr. PRYOR. Well, I believe that not only is make a reasonable argument in defense of the case unsupported by the text and struc- the law, but as a judge I would have to do my that created a State crime of domestic ture of the Constitution, but it had led to a best to determine from the precedents what violence. morally wrong result. It has led to the the law actually at the end of the day re- I ask unanimous consent the sum- slaughter of millions of innocent unborn quires. My record demonstrates that I can do maries of the cases which I referred to children. That’s my personal belief. that. previously be printed in the RECORD, Senator SPECTER. With that personal be- Chairman HATCH. So even though you dis- with a pertinent letter, at the conclu- lief, Attorney General Pryor, what assur- agree with Roe v. Wade you would act in, ac- sion of my remarks. ances can you give to the many who are rais- cordance with Roe v. Wade on the Eleventh The ACTING PRESIDENT pro tem- ing a question as to whether when you char- Circuit Court of Appeals? Mr. PRYOR. Even though I strongly dis- pore. Without objection, it is so or- acterized it an abomination and slaughter, that you can follow a decision of the United agree with Roe v. Wade I have acted in ac- dered. States Supreme Court, which you consider cordance with this as Attorney General and (See exhibit 2.) an abomination and having led to slaughter? would continue to do so as a Court of Ap- Mr. SPECTER. In conclusion, it is a Mr. PRYOR. I would invite anyone to look peals Judge. very healthy situation in that we are at my record as Attorney General, where I’ve Chairman HATCH. Can we rely on that? now proceeding to take up these nomi- done just that. We had a partial birth abor- Mr. PRYOR. You can take it to the bank, Mr. Chairman. nees individually. That is something tion law in our State that was challenged by abortion clinics in Alabama in 1997. It could which I had sought to do since taking U.S. SENATE, have been interpreted broadly or it could over the chairmanship of the Judiciary COMMITTEE ON THE JUDICIARY, have been interpreted narrowly. I ordered Washington, DC, March 3, 2005. Committee. We have moved ahead now the district attorneys of Alabama to give it Hon. HARRY REID, with three controversial nominees. It its narrowest construction because that was Minority Leader, U.S. Senate, Hart Senate Of- is my hope we will continue to take up based on my reading of Roe and Casey. I or- fice Building, Washington, DC. these nominees, one at a time, and dered the district attorneys to apply that DEAR SENATOR REID: When we talked ear- law only to post-viable fetuses. I could have evaluate them on their merits. lier this week, we discussed the question of read it easily more broadly. The governor As I have said in a number of floor whether or not Judge Pryor had testified who appointed me was governor at the time statements, we have reached the cur- that he would follow Roe v. Wade. I have had and a party to the lawsuit, disagreed with rent confrontation because of a prac- the transcript reviewed from Judge Pryor’s me and openly criticized me. A pro-life activ- tice which goes back almost 20 years, hearing on June 11, 2003. I think that you ist in Alabama criticized me. But I did it be- will find the following exchange between starting with the last 2 years of the cause I thought that was the right legal deci- Senator Hatch and Judge Pryor, which can Reagan administration and continuing sion. I still had an obligation to defend Ala- be found on page 45 of the transcript, disposi- with 4 years of President Bush, and bama law. This was a recently-passed Ala- tive: when the Democrats took control of bama law. When the Supreme Court of the Chairman HATCH: So even though you dis- the Senate and the Judiciary Com- United States later of course struck down agree with Roe v. Wade you would act in ac- mittee, they stopped the processing of this kind of partial birth abortion law, we cordance with Roe v. Wade on the Eleventh judges and slowed it down. conceded immediately in district court that Circuit Court of Appeals? Then when we Republicans won the the decision was binding, but until then I Mr. PRYOR: Even though I strongly dis- was making the narrowest argument I could agree with Roe v. Wade I have acted in ac- election in 1994, for the last 6 years of make, trying to be faithful to the Supreme the Clinton administration we slowed cordance with it as Attorney General and Court’s precedent, while also being faithful would continue to do so as a Court of Ap- down the process and tied up some 70 to my role as Attorney General and my oath peals Judge. judges in committee, a practice that I of office to defend a law recently passed by Chairman HATCH: Can we rely on that? objected to at the time, and supported the legislature. Mr. PRYOR: You can take it to the bank, Judge Paez and Judge Berzon and oth- Senator SPECTER. When you talk about Mr. Chairman. ers. Then the controversy was post-viability and you have the categoriza- I am enclosing a copy of the transcript. ratcheted up with the unprecedented tion of partial birth or late-term abortion, is Sincerely, not that statute necessarily directed toward ARLEN SPECTER. systematic filibustering of judges, and post-viability? then the unprecedented move by Presi- Mr. PRYOR. That was one of the main argu- EXHIBIT 2 dent Bush in the interim appointment, ments I made in construing it, but if you U.S. SENATE, after the Senate rejected a judge, al- look at the actual language— COMMITTEE ON THE JUDICIARY, beit by the route of not getting clo- Senator SPECTER. Well, I asked you that Washington, DC, January 12, 2005. ture. question as to whether there was a basis for TO MEMBERS OF THE SENATE JUDICIARY My time has expired, and I note the construing it to the contrary. When you talk COMMITTEE: As you know, Judge William presence of the distinguished Demo- about partial birth abortion, we are talking Pryor has been sitting on the United States cratic leader, so I yield the floor in about an event in the birth canal which is Court of Appeals for the Eleventh Circuit for definitely post-viability. When you talk the past eleven months. The President has midsentence, Mr. President. about late-term abortion, we are also talking stated his intention to re-submit Judge Pry- EXHIBIT 1 about post-viability. So aside from having or’s name for confirmation to the Eleventh Senator SPECTER. The Chairman has asked some people who will raise a question about Circuit. In light of his expected renomina- about whether you have made some com- anything, whether there is a question to be tion, I have asked my staff to examine Judge ments which you now consider intemperate, raised or not, was it not reasonably plain on Pryor’s Eleventh Circuit opinions. and I regret, that I could not be here earlier the face of the statute that they were talk- I thought you might be interested in know- today, but as you know, we have many con- ing about post-viability? ing some more about these opinions. In par- flicting schedules. But I note the comment Mr. PRYOR. No, I don’t think anyone would ticular, I’d like to bring to your attention you made after Planned Parenthood v. Casey, contend life. I believe that abortion is mor- several opinions that demonstrate Judge where you were quoted as saying—first I ally wrong. I’ve never wavered from that, Pryor’s willingness to protect the rights of would ask you if this quote is accurate. I and in representing the people of Alabama, I individuals often overlooked in the legal sys- have seen a quote or two not accurate. ‘‘In have been a candid, engaged Attorney Gen- tem. It is my hope that these opinions and the 1992 case of Planned Parenthood v. Casey eral, who has been involved in the type of— his record on the Eleventh Circuit for the the Court preserved the worst abomination Chairman HATCH. What does that mean past eleven months will be considered by the of constitutional law in our history,’’ close with regard to the Eleventh Circuit Court of Committee on evaluating him on his re-nom- quote. Is that an accurate quotation of Appeals? If you get on that court, how are ination. yours? you going to treat Roe v. Wade? Sincerely, Mr. PRYOR. Yes. Mr. PRYOR. Well, my record as Attorney ARLEN SPECTER. Senator SPECTER. Is that one which would General shows that I am able to put aside my fall into the category that Senator Hatch personal beliefs and follow the law, even MEMORANDUM has commented on, you wish you had not when I strongly disagree with it, to look During his tenure on the Eleventh Circuit made? carefully at precedents and to do my duty. Court of Appeals, Judge William Pryor has

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12095 authored several opinions demonstrative of late the Establishment Clause. Judge Pryor were indifferent to his serious medical needs his willingness to protect the rights of those further recognized that, ‘‘given the nec- under the Eighth and Fourteenth Amend- often overlooked in the legal system. essarily strict rules that govern every aspect ments. Standing up to Corporations: DIRECTV, of prison life, the failure of prison officials to Judge Pryor not only stood up for the pris- Inc. v. Treworgy, 373 F.3d 1124 (11th Cir. 2004) accommodate religion, even in the absence oner, but enabled him to proceed in forma Judge Pryor ruled against a major sat- of RLUIPA, would not be neutral; it would be pauperis. ellite-transmission corporation, siding in- hostile to religion.’’ Background: John Brown, a prisoner in the stead with a private citizen to shield him Protecting Civil Rights: Wilson v. B/E Aero- Georgia State Prison, had been prescribed from liability. space, Inc., 376 F.3D 1079 (11th Cir. 2004) medication for HIV and hepatitis. Two Background: DIRECTV (DTV), a provider When the district court dismissed a female months after this prescription had been of satellite television, encrypts trans- employee’s gender discrimination claims, granted, a different doctor ceased treatment. missions of pay-per-view and premium pro- Judge Pryor reinstated her claim of bias as Eight months later, Brown filed a § 1983 gramming. The security encryption can be to a promotion, and remanded back to the claim against the second doctor and the illegally circumvented by using ‘‘pirate ac- district court. Medical Administrator for the Georgia State cess devices,’’ which allow users to intercept Background: Loretta Wilson filed an em- Prison alleging deliberate indifference to his and decrypt DTV’s transmissions. Mike ployment discrimination action against B/E serious medical needs in violation of the due Treworgy bought two pirating cards, which Aerospace, Inc. (B/E) alleging sex discrimina- process clause of the Fourteenth Amendment enable someone with a satellite dish to re- tion in violation of Title VII of the Civil and the Eighth Amendment. Additionally, ceive signals without paying for the service. Rights Act of 1964, as amended in 42 U.S.C. Brown filed a petition to proceed in forma There was no evidence that Treworgy actu- sections 2000e et seq., and the Florida Civil pauperis. Procedural Summary: The Prison Litiga- ally intercepted a signal wth his cards. DTV Rights Act, Fla. Stat. sections 760.01 et seq. tion Reform Act (PLRA) establishes the pro- sued Treworgy for possessing these devices She claimed that B/E discriminated against cedures for courts to use to assess prisoner under the Electronic Communications Pri- her on the basis of sex by not promoting her complaints brought in forma pauperis. The vacy Act of 1986 (Wiretap Act), which crim- to the position of Site Vice President and by provision of the PLRA in question, 28 U.S.C. inalizes the intentional manufacture, dis- later terminating her. section 1915(g) (often referred to as the tribution, possession and advertising of pi- Procedural Summary: B/E filed a motion ‘‘three strikes rule’’), bars a prisoner from racy devices. Treworgy argued that the Wire- for summary judgment at the conclusion of proceeding in forma pauperis after he has tap Act did not create a private right of ac- discovery. The district court granted the mo- filed three meritless lawsuits, unless the tion against persons merely in possession of tion in its entirety finding that Wilson failed prisoner is in imminent danger of serious access devises. to both provide direct evidence of discrimi- medical injury. A magistrate judge rec- Holding: The Eleventh Circuit, Judge nation and establish a prima facie case of ommended that Brown’s petition to proceed Pryor writing, held that DTV did not have a discrimination. in forma pauperis be denied and that his private right of action against Treworgy for Holding: Judge Pryor, writing for the Elev- complaint be dismissed without prejudice be- mere possession of intercepting technology, enth Circuit, allowed Wilson’s case to pro- cause Brown had filed at least three and required that the device must have been ceed against the corporation. Focusing on meritless lawsuits previously, and had not used to pirate programming before private the two distinct types of conduct alleged— met the imminent physical injury exception. rights of action arise. ‘‘Congress chose to discrimination in promotion and discharge— Brown then filed timely objections to the confine private civil actions to defendants the court concluded that an admission by a recommendation and he filed a motion to who had ‘intercepted, disclosed, or inten- supervisor at B/E that Wilson was ‘‘the obvi- amend his complaint. The district court de- tionally used’ [a communication] . . . posses- ous choice’’ and the ‘‘most qualified’’ for the nied Brown’s motion to amend his complaint sion of a pirate access device alone, although then-pending promotion created a genuine because the complaint was subject to ‘‘three a criminal offense, creates nothing more issue of fact, prompting Judge Pryor to re- strikes’’ dismissal. Subsequently, the dis- than conjectural or hypothetical harm.’’ mand as to the failure-to-promote claim. As trict court adopted the recommendation of Protecting Religious Liberty: Benning v. to the discharge claim, the court concluded the magistrate judge and dismissed Brown’s Georgia, 2004 WL 2749172 (11th Cir. 2004) that Wilson had offered no evidence that her complaint without prejudice. Brown then ap- When the Georgia prison system refused an termination was based on sex. pealed, and the district court granted him inmate’s requests to practice his Jewish Protecting Immigrant Rights: Sarmiento- permission to proceed in forma pauperis. faith, Judge Pryor enabled the prisoner to Cisneros v. U.S. Attorney General, 381 F.3d 1277 Holding: Judge Pryor, writing for the Elev- continue to worship in his preferred manner. (11th Cir. 2004). enth Circuit, determined that the district By finding that RLUIPA is a proper exer- Judge Pryor stood up for a Mexican immi- court’s dismissal of Brown’s motion to cise of Congress’ Spending authority, the grant who desired to remain in the United amend his complaint under the PLRA, and Eleventh Circuit kept viable similar legal States with his family. its conclusion barring Brown from pro- remedies for the elderly, disabled and other By vacating the deportation order, Judge ceeding in forma pauperis, were in error. victims of discrimination. Pryor enabled a family to remain together Further, Judge Pryor found that the district Background: Ralph Benning, an inmate in and brought a commonsensical interpreta- court abused its discretion in denying him the Georgia prison system, asserted that as a tion to the harsh Bureau of Immigration and the right to amend his complaint pursuant ‘‘Torah observant Jew’’ he was being pre- Customs Enforcement order. to FRCP 15. The amended complaint, suffi- vented from fulfilling his religious duties, Background: Jose Sarmiento-Cisneros was ciently alleging imminent danger of serious such as eating only kosher food, and wearing an alien from Mexico who was deported and physical injury under 28 U.S.C. 1915(g), per- a yarmulke. Georgia moved to dismiss and then reentered the United States illegally, mitted Brown to proceed in forma pauperis. argued that § 3 of The Religious Land Use married an American citizen, and then ap- Finally, Judge Pryor found that Brown had and Institutionalized Persons Act (RLUIPA) plied for an adjustment of status before the stated a valid claim of deliberate indiffer- exceeds the authority of Congress under the effective date of 8 U.S.C. 1231(a)(5). The Bu- ence to serious medical needs under the Spending and Commerce Clauses, and vio- reau of Immigration and Customs Enforce- Eighth and Fourteenth Amendments. There- lates the Tenth Amendment and the Estab- ment (BICE) sought to reinstate a removal fore the district court’s judgment was re- lishment Clause. RLUIPA imposes strict order under 8 U.S.C. 1231(a)(5) and argued versed and remanded for further proceedings, scrutiny on federally funded programs or ac- that the statute’s provisions barring an alien effectively allowing Brown’s suit to go for- tivities that burden the religious rights of from filing an application for discretionary ward, and enabling him to get necessary institutionalized persons. relief apply retroactively. medical treatment. Holding: The Eleventh Circuit, Judge Holding: After examining the statute, Pryor writing, ruled that Congress did not Judge Pryor, writing for the Eleventh Cir- (At the request of Mr. LEAHY, the fol- exceed its authority under the Spending cuit, joined five other circuits in concluding lowing statement was ordered to be Clause in enacting § 3 of RLUIPA. The court that 8 U.S.C. 1231(a)(5) does not apply retro- printed in the RECORD.) held that Congress’ spending conditions need actively. The court therefore granted the pe- ∑ Mr. JEFFORDS. Mr. President, I meet only a ‘‘minimal standard of ration- tition for review and vacated the BICE de- would like to express my opposition to ality.’’ The court found that protecting reli- portation order. Sarmiento Cisneros was the nomination of William H. Pryor, gious exercise of prisoners is a rational goal, thus able to enjoy discretionary relief avail- Jr., to the Eleventh Circuit Court of and the United States ‘‘has a substantial in- able to him prior to the BICE’s rescission of Appeals. terest in ensuring that state prisons that re- the previously granted relief. Mr. Pryor has a distinguished legal ceive federal funds protect the federal civil Protecting Prisoners’ Rights: Brown v. rights of prisoners.’’ The Eleventh Circuit Johnson, 387 F.3d 1344 (11th Cir. 2004). career. He graduated magna cum laude also concluded that the statute did not vio- Judge Pryor recognized the need for im- from Tulane University Law School, late the Tenth Amendment by infringing on proved treatment for an inmate afflicted clerked for a judge on the Fifth Circuit areas reserved to the states, nor did it vio- with HIV, concluding that prison officials Court of Appeals, was a law professor

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12096 CONGRESSIONAL RECORD—SENATE June 9, 2005 at Samford University, and served as Some have argued that Mr. Pryor the dissolution of congressionally re- attorney general for the State of Ala- should not be held to all these briefs quired protections intended to preserve bama. While he deserves recognition and statements because he was just individual rights, to safeguard our en- for his legal background, that alone is doing his job and protecting the rights vironment and to maintain the barriers not enough in my estimation to be con- and positions of his client or employer. that separate church and state. firmed for a lifetime appointment to However, the problem with this argu- Judge Pryor has advocated a view the Federal bench. In my review of Mr. ment is that many of the positions he that the Constitution does not harbor Pryor’s statements, actions, and has taken have not related to the re- some of our most critical individual writings, I am concerned that Mr. Pry- quirements of the job he was per- rights and freedoms. He has taken the or’s personal opinion, rather than the forming, but were positions he sin- position that these freedoms should be law, will compel his decisions in some gularly advocated because he believed decided by the States, based on major- cases. in them and sought out cases to ex- ity vote, regardless of whether con- My areas of concern arise in areas of press and uphold his beliefs. It is this stitutional rights are violated. The the law that I have spent my career fact that concerns me and leads me to danger of this simple thinking is of working to address, including the envi- believe that Mr. Pryor will use his per- course to regionalize the Constitution, ronment, reproductive rights, and gay sonal beliefs rather than settled law to making one’s constitutional rights de- rights. decide cases. pendent on where one resides. But On the environment, for example, Mr. His actions as a recess appointment much more egregious is what this pro- Pryor urged the U.S. Supreme Court to to the Eleventh Circuit Court of Ap- posal would do to our Bill of Rights; it declare unconstitutional Federal ef- peals have not diminished my concern, effectively makes our inalienable forts to protect wildlife on private especially when Mr. Pryor was the de- rights as Americans open to public and lands under the Endangered Species ciding vote that prohibited the full political debate. This surely could not Act. In regard to this case, the lower Eleventh Circuit to consider the unique have been what the Framers envisioned court stated that Mr. Pryor’s constitu- Florida law banning gay adoption. when they drafted our Constitution. tional arguments would ‘‘place in peril Given these facts and Mr. Pryor’s his- Judge Pryor’s general contempt for the entire federal regulatory scheme tory, I opposed limiting debate on his the Constitution is clear in the posi- for wildlife and natural resource con- nomination in 2003, and continue to do tions he advocated as attorney general servation.’’ The case is Gibbs v. Bab- so today. of Alabama. In one amicus brief to the bitt. Unfortunately, I will be necessarily Supreme Court, Judge Pryor defended In another important case, Solid absent for the votes that will occur re- a State practice of handcuffing pris- Waste Authority of Northern Cook lated to this nominee. However, I feel oners to a hitching post and exposing County v. United States, Mr. Pryor it is necessary to express my position them to the hot sun for 7 hours at a urged the Supreme Court to strike on this important nomination.∑ time without water or bathroom down Federal efforts to protect waters Mrs. CLINTON. Mr. President, the breaks. This cruel and unusual brand of and wetlands that provide habitat for nomination of William H. Pryor, Jr., to migratory birds. Finally, Mr. Pryor has punishment advocated by Judge Pryor the Eleventh Circuit Court of Appeals advocated in testimony before the Sen- was later rejected by the U.S. Supreme is nothing more than a political pro- ate that States should not be held ac- Court, which held that ‘‘the use of the motion cloaked in the thin veil of a ju- countable in court for failing to en- hitching post under these cir- dicial nomination. Judge Pryor has force minimum Federal standards from cumstances violated ‘the basic concept been an active and dutiful soldier in the joint hearing before the U.S. Sen- underlying the Eighth Amendment, the administration’s systematic as- ate Committee on Environment and [which] is nothing less than the dignity Public Works and the U.S. Senate Com- sault on the Constitution and indi- of man.’ ’’ mittee on the Judiciary, July 16, 2002. vidual rights, effectively making his Showing disdain for constitutionally On reproductive rights Mr. Pryor in nomination for a lifetime appointment protected reproductive freedom, Judge 1997 called the Roe v. Wade decision, to the Eleventh Circuit Court of Ap- Pryor has called Roe v. Wade ‘‘the ‘‘the day seven members of our highest peals political payback for a job per- worst abomination of constitutional court ripped the Constitution and ceived well done. Given Judge Pryor’s law in our history.’’ In this spirit, he ripped out the life of millions of unborn disdain for the Constitution and indi- has endorsed the formation of uncon- children.’’ In a speech during that same vidual rights, I encourage my col- stitutional barriers that would thwart year, Mr. Pryor criticized the 1992 Su- leagues to join me in opposing Judge the practice of reproductive freedom, preme Court decision in Planned Par- Pryor’s nomination. going as far as defending Alabama’s so- enthood v. Casey by stating that this If confirmed for a lifetime appoint- called ‘‘partial-birth abortion’’ ban de- decision ‘‘preserved the worst abomina- ment to the Eleventh Circuit Court of spite the fact that it lacked the con- tion of constitutional law in our his- Appeals, Judge Pryor would pose an stitutionally required exception to pro- tory: Roe v. Wade.’’ enormous threat to the rights, protec- tect the health of the pregnant woman. Finally, during Mr. Pryor’s career he tions, and freedoms of all Americans. But Judge Pryor’s attacks against has actively worked to oppose gay Judge Pryor’s professional record dem- privacy interests are not only rel- rights. In fact, he has gone so far as to onstrates a willingness to contort the egated to reproductive rights. Judge seek out cases to file briefs, or spoken law in order to make it fit his political Pryor believes that it is constitutional out on the merits of such cases, that agenda. During his 7-year tenure as at- to imprison gay men and lesbians for have no connection to the job he was torney general of Alabama, Judge having sex in the privacy of their own currently performing. For example, Pryor advanced his own personal, con- homes. In an amicus brief asking the even though Alabama had no similar servative agenda not only through liti- Supreme Court to uphold Texas’ ‘‘Ho- statute, Mr. Pryor filed an amicus brief gation in which Alabama was a party, mosexual Conduct’’ law, Judge Pryor in the Romer v. Evans case supporting but also by filing amicus curiae briefs advocated criminalizing homosexual Colorado’s law prohibiting local gov- in cases in which Alabama was neither intercourse between consenting adults, ernments from enacting laws pro- an interested party nor under any obli- ignoring the equal protection clause of tecting gays and lesbians from dis- gation to participate. As attorney gen- the 14th amendment. In his brief on be- crimination. In addition, despite the eral of Alabama, Judge Pryor amassed half of the people of Alabama, Judge fact that the Lawrence v. Texas case a stunning record replete with hos- Pryor equated sex between two con- did not involve Alabama law, Mr. Pry- tility for the rights of Americans and senting adults of the same gender with or’s interest was so keen that he peti- contempt for constitutionally man- ‘‘activities like prostitution, adultery, tioned the Supreme Court for leave to dated protections. In addition to at- necrophilia, bestiality, possession of participate in the oral argument and tacking the validity of constitutional child pornography, and even incest and filed a brief on the merits of the case. freedoms, Judge Pryor advocated for pedophilia . . .’’ This is from a brief in

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12097 Support of Respondent at 25, Lawrence to a lifetime appointment on the Elev- I would like people in the judiciary v. Texas, 539 U.S. 558, 2003. enth Circuit Court of Appeals. with positive and strong moral val- Judge Pryor’s disrespect for the rule Before President Bush’s recess ap- ues.’’ of law however, is not limited to his pointment of William Pryor to the I am troubled that legitimate and se- disregard for the Constitution. Judge Eleventh Circuit in February 2004, rious concerns over Judge Pryor and Pryor has long been a foot soldier in Pryor had not been a judge. As a result, other nominees have been brushed the conservative movement’s attack on he lacks a record as a sitting judge aside, and instead it is said that we on the authority of Congress to enact laws through which his judicial tempera- this side are trying to make a case protecting individual and other rights. ment and impartiality may be exam- against people of faith. That simply is He and like-minded conservative ined. Consequently, one must look to not true. ideologues have hidden behind the la- Judge Pryor’s actions and statements Thomas Jefferson wrote of the estab- bels ‘‘States rights’’ and ‘‘federalism,’’ throughout his career. lishment clause of the first amend- when what they are truly advocating is In his career, Judge Pryor has pri- ment, ‘‘I contemplate with sovereign the restriction of Congress to protect marily been a politician, and consid- reverence that act of the whole Amer- Americans’ rights against discrimina- ering the vehemence with which he has ican people which declared that their tion and injury based on disability, advocated his political views, I have se- legislature should ‘make no law re- race, and age. rious concerns that he can set aside specting an establishment of religion Again as attorney general of Ala- those views and apply the law in an or prohibiting the free exercise there- bama, Judge Pryor abused his discre- independent, non-partisan fashion. of,’ thus building a wall of separation tion, making Alabama the only State First, I want to be very clear about between church and state.’’ to file an amicus brief in support of one thing. My objection to confirming The Supreme Court has written that striking down part of the Violence Judge Pryor to a lifetime seat on the ‘‘the most important of all aspects of Against Women Act. As Alabama’s at- Eleventh Circuit Court of Appeals has religious freedom in this country is torney general, Judge Pryor filed briefs nothing to do with Judge Pryor’s per- that of the separation of church and calling for the elimination of protec- sonal religious beliefs. state.’’ tions contained in the Family and Med- There are those who have been It is because the separation of church ical Leave Act, the Age Discrimination spreading the false statement that and state ensures religious freedom, in Employment Act, the Clean Water some Democrats vote against judicial that some of Judge Pryor’s actions and Act, and the Endangered Species Act. nominees because of a nominee’s reli- statements concern me. On two separate occasions, he testified gious beliefs. And that has been said There are those who have minority- in Congress against EPA enforcement about me. The majority leader even held religious views. There are those of the Clean Air Act and against key had on his Web site a newspaper col- who have majority-held religious provisions of the Voting Rights Act. umn that says I voted against Judge views. But one of the beautiful things In one Supreme Court case in which Pryor because of his religious beliefs. about America is that it is a pluralistic his office again filed an amicus brief, So I went back and I took a look at society and that the government has Judge Pryor urged the Supreme Court my statement on the floor, and I took stayed out of religion. The founding fa- to hold that State employees cannot a look at my statement in the Judici- thers, looking at the history of Europe, sue for damages to protect their rights ary Committee markup, and they are recognized the sectarian strife and reli- against discrimination under the both clear that my concerns with gious oppression that can arise from fa- Americans with Disabilities Act. In a Judge Pryor have nothing to do with voring one religion over another. They narrow 5-to-4 decision, the Court his religious beliefs. As I stated before came here and they founded a govern- agreed with Judge Pryor’s ‘‘States’ this body in July of 2003: ment where there was to be a distinct rights’’ argument. After the decision, Many of us have concerns about nominees line drawn between government and re- Judge Pryor expressed tremendous sat- sent to the Senate who feel so very strongly ligion, and it has served this country isfaction for his part in dismantling a and sometimes stridently and often intem- well. portion of one of this generation’s sem- perately about certain political beliefs, and So when people confuse arguments inal pieces of civil rights legislation. who make intemperate statements about that are made to support the separa- Judge Pryor said he was ‘‘proud’’ of his those beliefs. tion of religion and government with role in ‘‘protecting the hard-earned So we raise questions about whether an opposition to people of faith, they dollars of Alabama taxpayers when those nominees can truly be impartial, could not be more wrong. And I think Congress imposes illegal mandates on particularly when the law conflicts this has to be made increasingly clear. our state.’’ with those beliefs. We’ve all seen the inflammatory ads. Americans deserve better than this. It is true that abortion rights can We’ve all heard the commercials. They deserve even-tempered jurists often be at the center of these ques- I hope that a more responsible tone who will not use the bench as a pulpit tions. As a result, accusations have will be struck, because the value of the for the advancement of their own polit- been leveled that, at any time repro- separation between church and state is ical agenda. Given Judge Pryor’s dis- ductive choice becomes an issue, it acts based on the fact that once that bright regard for individual rights, the Con- as a litmus test against those whose re- line is broken, what one has to grapple stitution and congressionally man- ligion causes them to be anti-choice. with is which religion do you put in the dated protections, I cannot in good But pro-choice Democrats on the Ju- courtroom? Which religion do you faith extend my constitutionally re- diciary Committee have voted for allow to be celebrated in a govern- quired consent to his nomination, and I many nominees who are anti-choice mental framework? encourage my Senate colleagues to and who believe that abortion should If the separation of church and state, again withhold their support as well. be illegal—some of whom may . . . that has been a part of this Nation Mrs. FEINSTEIN. Thank you, Mr. have been Catholic. I do not know, be- since its founding, is abolished, these President. cause I have never inquired. become very real and very disturbing I would like to discuss the nomina- So this is truly not about religion. questions. tion of William Pryor to the Eleventh This is about confirming judges who Accordingly, I am extremely con- Circuit Court of Appeals. I have closely can be impartial and fair in the admin- cerned by Judge Pryor’s actions and reviewed Judge Pryor’s record, and istration of justice. statements promoting the erosion of based upon it, I believe that Judge Before the Judiciary Committee, I the division between church and state. Pryor would have difficulty putting said of Judge Pryor that, ‘‘I think his As deputy attorney general and at- aside his extreme views in interpreting faith speaks favorably to his nomina- torney general of Alabama, Judge the law. Consequently, I do not believe tion and to his commitment to moral Pryor vigorously defended the display that Judge Pryor should be confirmed values, which I have no problem with. of a statue of the Ten Commandments

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12098 CONGRESSIONAL RECORD—SENATE June 9, 2005 in the Alabama supreme court. How- Court decision requiring that criminal rights. In the last 10 years, Section 5 of ever, when questioned about whether it defendants be informed of their right the Voting Rights Act has been applied would be constitutional to display reli- to remain silent, ‘‘the worst examples in more than a half-dozen states to en- gious artifacts or symbols from other of judicial activism.’’ This depth of sure that districts are not redrawn to religions in the court room, Pryor was hostility to the established precedent intentionally dilute minority votes and noticeably silent. of the Supreme Court is disquieting in that polling places are not moved for According to an April 4, 1997 Associ- an appellate court nominee. the primary purpose of discouraging ated Press account, Pryor said that At his confirmation hearing, Judge minority voting. ‘‘the State has no position on whether Pryor had the opportunity to clarify or Judge Pryor’s strong criticism of this the Alabama supreme court Chief step back from these inflammatory re- important safeguard of civil rights, Judge’s right to pray and have a reli- marks. Nevertheless, he stood by his particularly on federalism grounds— gious display in his courtroom extends statement that Roe is the ‘‘worst meaning he believes that the Federal to people of other faiths.’’ That Judge abomination of constitutional law in Government has no right to intervene, Pryor did not take that opportunity to our history’’—worse than Plessy v. Fer- even where a citizen’s right to vote is make clear that all religions are equal guson, the decision upholding segrega- threatened—concerns me. before our courts is distressing. tion, the Dred Scott decision, which de- One of Judge Pryor’s legacies as at- Also while Deputy Attorney General, nied citizenship and court access to all torney general of Alabama is his effort Judge Pryor defended the Alabama su- slaves and their descendants, or the to weaken and undermine the Ameri- preme court Chief Judge’s practice of Korematsu case, validating the govern- cans with Disabilities Act, passed in having Christian clergymen give pray- ment’s internment of Japanese citizens 1990 to protect the rights of the dis- ers when jurors first assembled in his during World War II. abled. For example, in Tennessee v. courtroom for a trial. Judge Pryor That a nominee for a court just Lane, Pryor, then attorney general of sought to have an Alabama trial judge below the Supreme Court believes that Alabama, submitted an amicus brief declare this practice constitutional an existing precedent of the Supreme seeking to deny a disabled defendant under the U.S. and Alabama constitu- Court protecting a woman’s right to access to his own trial. tions. The trial judge ruled against choose is worse than long discredited Pryor argued that the constitutional Pryor, concluding that the prayer was decisions denying Blacks citizenship or guarantees of equal protection and due unconstitutional. permitting segregation is deeply dis- process ‘‘do not require a State to pro- The judge cited the Chief Judge’s turbing and out of line with the last vide unassisted access to public build- own statements that ‘‘acknowledged hundred years of American jurispru- ings’’ and even took the extraordinary that through prayer in his court, he is dence. position that there is no absolute right promoting religion.’’ Pryor’s decision In statements addressing the scope of for a defendant to be present at his own to pursue this case despite the Chief Federal Government, Judge Pryor has criminal trial, stating that ‘‘even as to Justice’s own admission that the pray- promoted a role so limited that the parties in legal proceedings, there is no er was intended to promote religion— Federal Government would be forced to absolute right to attendance.’’ The Su- thereby violating the establishment abdicate many of its central respon- preme Court rejected these extreme po- clause of the Constitution—is per- sibilities. For example, he has stated sitions advocated by Pryor. plexing. that Congress ‘‘should not be in the Pryor’s repeated attempts to use ju- It is imperative that our judges—par- business of public education nor the dicial means to undo the legislation ticularly judges on our Courts of Ap- control of street crime.’’ protecting basic civil rights raise ques- peals—respect and follow the law, espe- I do not believe that the Federal Gov- tions about both his willingness to pro- cially the Constitution. I do not believe ernment should ignore critical matters tect individual’s civil rights and his that a lawyer with Judge Pryor’s like education and crime, and neither propensity to judicial activism— using record of consistent attacks on the es- do most Americans. However, my larg- the courts as a partisan vehicle to undo tablishment clause and the separation er concern is not that Judge Pryor’s legislation he does not support. of church and state enshrined therein position is contrary to my viewpoint or Supporters of Judge Pryor’s nomina- should be given a lifetime appointment even that it is contrary to the views of tion point to his brief record as a re- to the Eleventh Circuit. most Americans, but that it is con- cess appointee to the Eleventh Circuit Another concern I have with Judge trary to binding Supreme Court prece- as evidence of Judge Pryor’s ability to Pryor is the extreme positions he has dent establishing the breadth of the set aside his strong political views. advocated regarding a woman’s right Federal Government’s powers. While Judge Pryor, in his short tenure to choose. I have voted for numerous This extremely limited view of the on the Eleventh Circuit has not au- anti-choice judicial nominees. How- role of Federal Government is reflected thored any particularly controversial ever, Judge Pryor’s positions are be- in the positions Judge Pryor has taken opinions, decisions he has written ad- yond the mainstream even of those on a number of important issues. dressed what are largely technical and who oppose the right to choose. Fur- Testifying before the Judiciary Com- uncontroversial legal issues. thermore, his incendiary remarks on mittee as attorney general of Alabama Judge Pryor’s brief stint as a recess the subject demonstrate not only a in 1997, Judge Pryor urged the repeal of appointee may or may not offer a rep- lack of appropriate judicial tempera- Section 5 of the Voting Rights Act, resentative preview of the opinions he ment, but a lack of respect for the Su- calling it an ‘‘affront to federalism, would render as a lifetime member of preme Court. and an expensive burden that has far the Eleventh Circuit. Judge Pryor opposes abortion even in outlived its usefulness.’’ Ultimately, my concern is that Judge cases of rape and incest and supports Section 5 of the Voting Rights Act Pryor does not display the dis- an exception only where a woman’s life requires any changes in voting laws in passionate, independent view that we is endangered. He has called Roe v. states with a specific history of voting want from our judges. While in private Wade ‘‘the worst abomination of con- discrimination to be pre-cleared by the practice, Pryor’s commitment to the stitutional law in our history,’’ and Justice Department or the Federal Dis- Republican Party apparently interfered said, ‘‘I will never forget January 22, trict Court in Washington, DC to en- with his representation of clients. 1973, the day seven members of our sure they have no discriminatory pur- Valstene Stabler, a partner at the Bir- highest court ripped the Constitution pose or effect. In this way, Section 5 of mingham firm of Walston, Stabler, and ripped out the life of millions of the Votings Rights Act has been a crit- Wells, Anderson & Baines, described unborn children.’’ ical tool in guaranteeing the voting Pryor as being ‘‘so interested in what As attorney general of Alabama, rights of minorities. the Republican Party was doing in the Judge Pryor called Roe and Miranda v. Today, Section 5 of the Voting state, he was having trouble devoting Arizona, the well known Supreme Rights Act continues to ensure voting attention to his private clients.’’

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12099 A Washington Post editorial observed and acumen. The nominee should be criminatory practices. Many of the that: learned in the law. And the nominee cases in which he took his most ex- Mr. Pryor’s speeches display a disturbingly should be well regarded among his treme legal positions were on behalf of politicized view of the role of the courts. He peers, and in his or her community. the State of Alabama where he had the has suggested that impeachment is an appro- Perhaps most important of all is the sole decision under State law as to priate remedy for judges who ‘‘repeatedly nominee’s judicial temperament. what legal position to assert. These and recklessly . . . overturn popular will and An appeals court judge’s solemn duty cases include his assertion of fed- . . . rewrite constitutional law.’’ And he talks and paramount obligation is to do jus- eralism claims to defeat provisions of publicly about judging in the vulgarly polit- ical terms of the current judicial culture tice fairly, impartially and without the Age Discrimination in Employment war. He concluded one speech, for example, favor. An appeals court judge must be Act and the Americans With Disabil- with the following prayer: ‘‘Please, God, no judicious—that is, he or she must be ities Act; his opposition to Congress’s more Souters’’ a reference to the betrayal open minded, must be willing to set his authority to provide victims of gender- many conservatives feel at the honorable ca- personal preferences aside, and judge motivated violence to sue their reer of Supreme Court Justice David H. without predisposition. And, of course, attackers in Federal Court; his argu- Souter. he or she must follow controlling ment that Congress exceeded its au- Republicans who have worked with precedent faithfully, and be able to dis- thority in passing the Family and Med- Judge Pryor have voiced concerns over regard completely any views he or she ical Leave Act; and many other cases. his ability to be an independent, non- holds to the contrary. The extreme legal positions advanced partisan judge. Grant Woods, the In the case of Judge Pryor, we are in these cases were fully and entirely former Republican attorney general of presented with a nominee whose views the responsibility of this nominee Arizona said that ‘‘he would have great are so extreme that he fails this basic while he served as Alabama’s attorney question of whether Mr. Pryor has an test. In case after case, and on issue general. ability to be non-partisan. I would say after issue, Judge Pryor compiled a Of course, Judge Pryor has every he was probably the most doctrinaire public record as Alabama’s attorney right to hold his views, whether we and most partisan of any attorney gen- general of taking the most extreme po- agree with him or not. He can run for eral I dealt with in 8 years. So I think sitions, often at odds with controlling office and serve in the legislative or ex- people would be wise to question Supreme Court precedent, and in the ecutive branches should he convince a whether or not he’s the right person to most hard-line and inflexible manner. majority of his fellow Alabamians that be non-partisan on the bench.’’ Judge Pryor’s views are outside of he is fit to represent them. But he has A judge must be able to set aside his the mainstream on issues affecting no right to be a Federal appeals court views and apply the law evenly and civil rights, women’s rights, disability judge. Only those who we are convinced fairly to all. Mr. Pryor’s intemperate rights, religious freedom, and the right are impartial, unbiased, fair, and whose legal and political beliefs, and his stri- to privacy. During his confirmation only guiding ideology is to follow the dent statements and actions in further- hearings at the Judiciary Committee 2 Constitution to apply equal justice to ance of those beliefs, have led me to years ago, he assured us that despite all are fit for this position. Unfortu- question whether he can be truly im- these views, he would follow settled nately, we can have no confidence that partial. law and Supreme Court precedent. But he will set these views aside and faith- Aside from his brief tenure on the he made this promise only after mak- fully follow the Constitution and bind- Eleventh Circuit as a recess appointee, ing extreme statements to the Com- ing precedent. For these reasons, I Judge Pryor has no judicial record mittee and during his hearing and re- must oppose his confirmation. upon which to evaluate him. Con- fusing to disavow other zealous posi- The ACTING PRESIDENT pro tem- sequently, we must consider his fitness tions that he has taken throughout his pore. Under the previous order, the for the Eleventh Circuit on the basis of career. I concluded then—and do not time from 3:15 until 3:30 shall be under his actions and statements as deputy believe differently now—that I had no the control of the Democrats, and the time from 3:30 until 3:45 shall be under attorney general and attorney general basis to believe Judge Pryor could put the control of the Democratic leader. of Alabama. Looking back on this his personal views aside and apply the The Senator from Nevada. highly partisan and controversial ten- law of the land as decided by the Su- Mr. REID. Mr. President, the time I ure, I cannot vote for Judge Pryor’s preme Court. have left over from the 15 minutes that confirmation to a lifetime appointment Judge Pryor’s supporters argue that is from 3:30 to 3:45 I will leave to Sen- on the Eleventh Circuit Court of Ap- his record in the year since he has sat ator LEAHY. I am going to use part of peals. as a judge on the Eleventh Circuit as a his time now. Mr. KOHL. Mr. President, I rise recess appointee demonstrates that he The ACTING PRESIDENT pro tem- today to express my continued opposi- is worthy of confirmation. Yet, in each pore. Without objection, it is so or- tion to the nomination of William of the decisions that his supporters dered. Pryor to be a judge on the Eleventh rely on for this judgment, Judge Pryor Mr. REID. Mr. President, I rise to ex- Circuit Court of Appeals. Judge Pryor’s joined unanimous panels in supporting press my strong opposition to the nom- record was extensively considered and results virtually mandated by control- ination of William Pryor to the Elev- examined by the Senate when he was ling precedent. Much more relevant enth Circuit Court of Appeals. first nominated for this position in than Judge Pryor’s short and tem- At the outset, let me note the un- 2003. After he failed to obtain confirma- porary tenure on the Eleventh Circuit usual fact that we are considering tion, President Bush used a recess ap- is his record during all the years of his whether to confirm this nominee to a pointment to appoint him to the Elev- professional career prior to his recess court on which he has been sitting for enth Circuit, an appointment that will appointment, especially his seven over a year as a recess appointee. In expire at the end of the year, and now years of service as Alabama’s attorney my view) this nomination is entitled to has renominated him to a permanent general, as well as his testimony before no special deference as a result of the seat on the court. I find no reason our committee in 2003. nominee’s status as a sitting Federal today to alter my earlier conclusion And his record of extremism and judge. that his record of extremism makes ideologically motivated decision mak- There are serious constitutional clear that he falls far outside the main- ing during his years as attorney gen- questions about the validity of Mr. stream, and that I have no choice but eral could not be more clear. While at- Pryor’s recess appointment, and his to vote against his confirmation. torney general of Alabama, Judge confirmation at this time does not an- When considering a nominee to a Pryor actively sought out cases where swer those questions with regard to Federal court judgeship, we consider he could expand on his cramped view of cases heard by this or other recess ap- many things. The nominee should pos- federalism and challenge the ability of pointees. Nor should it embolden Presi- sess exemplary legal skills, judgment, the Federal Government to remedy dis- dent Bush to continue the questionable

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12100 CONGRESSIONAL RECORD—SENATE June 9, 2005 practice of appointing judges without What would America look like if this States but to counties; that the Ameri- the advice and consent of the Senate. federalist revolution were to take hold cans with Disabilities Act does not I oppose this nominee because his in the Federal courts? University of apply to State prisons; and that a law views on a wide range of vital issues Chicago Law Professor Cass Sunstein barring a State from selling the per- are far outside the mainstream of legal describes it well: sonal information of its citizens with- thought, and I question his ability to Many decisions of the Federal Communica- out permission is unconstitutional. put those views aside to decide cases tions Commission, the Environmental Pro- It is no wonder that the Atlanta- impartially. tection Agency, the Occupational Safety and Journal Constitution, in an editorial I said during the floor debate yester- Health Administration and possibly the Na- entitled ‘‘Right-wing Zealot is Unfit to day that Janice Rogers Brown is Presi- tional Labor Relations Board would be un- constitutional. It would mean that the So- Judge,’’ wrote that Mr. Pryor’s nomi- dent Bush’s most objectionable nomi- cial Security Act would not only be under nation: nee. But I want to be clear: on the crit- political but also constitutional stress . . . is an affront to the basic premise that a can- ical issue of civil rights, William Pryor the Securities and Exchange Commission didate for the federal bench must exhibit re- holds views that are equally offensive and maybe even the Federal Reserve would spect for established constitutional prin- as those of Justice Brown. The Pryor be in trouble. Some applications or the En- ciples and individual liberties. Pryor may be nomination deserves to be defeated just dangered Species Act and Clean Water Act a good lawyer and a faithful Republican, but as the Brown nomination deserved to would be struck down as beyond Congress’s his lifelong extremism disqualifies him for a commerce power. federal judgeship. be defeated. Any analysis of Mr. Pryor’s judicial As attorney general of Alabama, And there is more. philosophy should begin with his views Pryor had the sole power to decide There is Mr. Pryor’s view of the on federalism. This nominee has been a what legal action the State and its equal protection clause, which led him self-styled leader of the so-called fed- agencies would take, and he used that to oppose a 7-to-1 ruling by the Su- eralism revolution conservative legal power to file ‘‘friend of the court’’ preme Court that opened the Virginia circles, a movement that challenges briefs attacking many of these stat- Military Institute, a State-funded uni- the authority of Congress to remedy utes. In fact, Alabama was the only versity, to women. Predictably, Mr. civil rights violations. State to file a brief against the Vio- Pryor called that case an example of Now, I am certainly thankful that lence Against Women Act, while 36 the Supreme Court being ‘‘both anti- the Framers of the Constitution had States submitted briefs in support of democratic and insensitive to fed- the wisdom to create a Federal system the statute—which had passed Con- eralism.’’ that divided power between the na- gress with bipartisan support. There is Mr. Pryor’s contempt for With regard to the Voting Rights tional and State governments. But for what he called the ‘‘so-called wall of Act, Mr. Pryor had the following to say Mr. Pryor, the word ‘‘federalism’’ is separation between church and state’’ when he testified before Congress in more than that—it is a code word or a and his belief that this important doc- 1997: systematic effort to undermine impor- trine was created by ‘‘errors of case tant Federal protections for the dis- I encourage you to consider seriously, for law.’’ In fact, Mr. Pryor remarked at a example, the repeal or amendment of section abled, the aged, women, minorities, graduation ceremony that ‘‘the chal- 5 of the Voting Rights Act, which is an af- lenge of the next millennium will be to labor, and the environment. front to federalism and an expensive burden While attorney general of Alabama, that has far outlived its usefulness, and con- preserve the American experiment by Pryor told a Federalist Society con- sider modifying other provisions of the Act restoring its Christian perspective.’’ ference that Congress: that have led to extraordinary abuses of ju- There is his view of the Constitu- should not be in the business of public edu- dicial power. tion’s prohibition on cruel and unusual cation nor the control of street crimes . . . The Voting Rights Act is still of vital punishment. The Supreme Court— With real federalism, Congress would . . . importance, and section 5 is one of its which has not exactly been liberal on make free trade its main domestic concern. most important sections. I have grave this issue—rejected Mr. Pryor’s argu- Congress would not be allowed to subvert the concerns that if Mr. Pryor cannot un- ment that prison guards could handcuff commerce clause to regulate crime, edu- derstand the continuing need for vot- prisoners to a hitching post in the Ala- cation, land use, family relations, or social bama sun and deny them bathroom policy . . . ing rights protections for minorities, he is unlikely to rigorously enforce the breaks or water. It also rejected his ar- One proponent of the federalism act in cases before the Circuit. This is gument that it is permissible to exe- movement is Michael Greve, a conserv- especially important since all of the cute the mentally retarded. It also re- ative scholar at the American Enter- States within the circuit are covered, jected his argument that counsel need prise Institute. Greve told the New in whole or in part, by Section 5. not be provided to indigent defendants York Times that: Mr. Pryor has waged an assault on charged with a misdemeanor that car- what is really needed here is a funda- other civil rights laws. In the case of ries a jail sentence. mental intellectual assault on the entire Alexander v. Sandoval, Pryor filed a Is this the kind of judge we want to New Deal edifice. brief for Alabama which urged the confirm to a lifetime seat on a Federal Greve said he thinks this attack on Court to drastically restrict title VI of appellate court? the New Deal will get a good hearing the Civil Rights Act, which bars dis- Do we want a judge who, when the from judges like William Pryor. Greve crimination in federally funded pro- Supreme Court questioned the con- says of Pryor: grams. In a 5-to-4 opinion written by stitutionality of Alabama’s use of the [he] is the key to this puzzle; there’s nobody Justice Scalia, the Supreme Court electric chair in 2000, lashed out at the like him. agreed with Pryor and held that there Court by saying ‘‘[T]his issue should Let’s look at some of the bedrock is no private right of action to enforce not be decided by nine octogenarian laws that Mr. Pryor has challenged title VI regulations. This ruling was a lawyers who happen to sit on the U.S. under the banner of federalism. Mr. dramatic setback for the civil rights Supreme Court’’? Pryor has argued that the Federal movement and continues to impede the Do we want a judge who, on the day courts should narrow, or throw out en- enforcement of civil rights laws. after the Supreme Court’s final ruling tirely, all or portions of the Americans While five Supreme Court Justices in Bush v. Gore, said: with Disabilities Act, the Age Dis- agreed with Pryor about title VI, his I’m probably the only one who wanted it 5– crimination in Employment Act, the outside-the-mainstream views have 4. I wanted Governor Bush to have a full ap- Civil Rights Act, the Clean Water Act, often been rejected by the current con- preciation of the judiciary and judicial selec- the Fair Labor Standards Act, the servative Supreme Court. In fact, the tion so we can have no more appointments Family and Medical Leave Act, the Vi- Court unanimously rejected three of like Justice Souter. olence Against Women Act, and the Mr. Pryor’s federalism arguments: that On another occasion he said: Voting Rights Act. sovereign immunity applies not only to Please God, no more Souters.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12101 This kind of temperament served these things that touch the pocket- ship, is choosing instead to revisit an- Pryor well as a Republican politician, books of Americans but almost exclu- other extreme judicial nomination, one but this doesn’t represent the kind of sively on this administration’s divisive that has already been considered. judicial temperament we want on the and contentious judicial nominees. The production quota set by OPEC Federal bench. Over the last several months, and for continues to take a debilitating toll on The Senate must exercise its advice many days and weeks over the last few our economy, our families, our busi- and consent responsibility with great years, the work of the Senate has been nesses, industry, and farmers. Last care. In fact, we should follow Mr. Pry- laid aside by the Republican leadership year and again earlier this year, the or’s own advice. He once told a Senate to force debate after debate on divisive Judiciary Committee voted to report subcommittee that: nominations, on people who are going favorably to the full Senate the bipar- your role of advice and consent in judicial to be paid almost $200,000 a year in life- tisan NOPEC bill, which is short for No nominations cannot be overstated. time jobs. Those who are barely able to Oil Producing and Exporting Cartels I agree with him on that point. For make their week’s rent or their Act. Our legislation would apply Amer- these reasons, I urge my colleagues to month’s mortgage ask what we are ica’s antitrust laws to OPEC’s anti- withhold the in consent to this very doing in the Senate. competitive cartel. It would prohibit unacceptable nomination. Among the matters the Senate has foreign states from working together Mr. President, I apologize to my neglected this week in order to devote to limit production and set prices, re- friend. Since he was not here, I used its attention to these nominations are strain the trading of petroleum and my time a little early. So the record is many issues that concern the Amer- natural gas, when such actions affect clear, my friend is the great Senator ican people. One matter is the consid- the United States. It would give the PAT LEAHY from Vermont. eration and passage of the NOPEC bill. Department of Justice and the Federal Mr. LEAHY. I thank the Senator. It is bipartisan legislation. It affects Trade Commission authority to enforce Mr. President, I suggest the absence all Americans, Republicans and Demo- the law through antitrust actions in of a quorum. crats. Senator DEWINE, a Republican of Federal courts. The ACTING PRESIDENT pro tem- Ohio, Senator KOHL, a Democrat of Why not give the Justice Department pore. The clerk will call the roll. Wisconsin, are key sponsors. The spon- clear authority to use our antitrust The legislative clerk proceeded to sors of the bill include Senator GRASS- laws against the anti-competitive, call the roll. LEY, Senator SPECTER, Senator anti-consumer conduct in which the Mr. LEAHY. Mr. President, I ask COBURN, and Senator SNOWE. OPEC cartel is engaged here in the unanimous consent that the order for With an increase in gasoline prices of United States? the quorum call be rescinded. almost 50 percent during the four years This bipartisan bill was reported by The ACTING PRESIDENT pro tem- of the Bush Presidency, with Ameri- the Judiciary Committee more than a pore. Without objection, it is so or- cans having to pay so much more to year ago, in April of last year. It was dered. drive to work, to get their kids to reintroduced this year and reported, Mr. LEAHY. Mr. President, how school, just to get around to conduct again, in April of this year. It has been much time is available? the daily business of their lives, the stalled on the Senate Business Cal- The ACTING PRESIDENT pro tem- Republican leadership of the Senate is endar for too long. It is a bipartisan pore. Under the previous order, the ignoring this substantial burden on initiative that could help in the fight Senator from Vermont has such time American working families. to reduce gasoline prices now and heat- until 3:45 remaining. This week, the national average price ing oil prices in the fall and winter. It Mr. LEAHY. I appreciate that. for a gallon of regular gasoline was deserves a vote. Why not have an up or Mr. President, last month 80 Amer- $2.12. When the President took office, it down vote on this measure without fur- ican service men and women died in was $1.46. We just heard reports that in ther delay by the Republican leader- Iraq, along with more than 700 Iraqis. Vermont and New Hampshire home ship? Why can’t we do that when we This week, there are reports that the heating oil prices will be up another 30 have seen gasoline go from $1.46 to $2.12 Army National Guard and the Marines percent this fall and winter. in this President’s administration? No, are not meeting their recruitment The artificial pricing scheme en- instead we spend weeks and months, goals, in spite of the bonuses and bene- forced by OPEC affects all of us, and it not passing legislation that would win fits being offered. The price of gasoline, is especially tough on our hard-work- the support of a majority of Repub- prescription drugs, health care, and so ing Vermont farmers. Rising energy ex- licans and Democrats, but talking many essentials for American working penses can add thousands of dollars a about a handful of people who are families are rising a lot faster than year to the costs of operating a 100- going to get lifetime, well-paid jobs. their wages. This week, the Wash- head dairy operation, a price that Another consequence of the Repub- ington Times reported that the rate of could mean the difference between lican leadership’s fixation on carrying increase in the Consumer Price Index keeping the family business alive for out this President’s attempt to pack doubled in the last year. This week, we another generation or shutting it the Federal courts with activist jurists have learned that General Motors has down. may be much-needed asbestos com- planned to lay off another 25,000 work- With summer coming, many families pensation reform. For more than 3 ers and that other companies are not are going to find that OPEC has put an years, I have been working on asbestos expanding or are, even worse, expensive crimp in their vacation reform to provide compensation to as- downsizing. The report of only 78,000 plans. Some are likely to stay home; bestos victims in a fair and more expe- jobs created last month puts us back to others will pay more to drive or to fly dited fashion. Chairman SPECTER and I the dismal levels that have character- so that they can visit their families or have worked closely on S. 852, the ized so many months during this ad- take their well-deserved vacations. FAIR Act. It, too, is pending on the ministration. A loss of our manufac- Americans deserve better. If the Senate Business Calendar, even though turing jobs continues at a steady drip. White House is not going to intervene, it was voted out in a bipartisan effort Millions are suffering and dying in Af- then Congress has to act. It is past last month. rica. The British Prime Minister vis- time—it is past the time—for holding Chairman SPECTER deserves enor- ited to urge greater efforts to help. hands and exchanging kisses with mous credit for this achievement, even But, of course, we debated none of Saudi princes, princes who have artifi- though we were slowed significantly by these issues in the Senate. The Repub- cially inflated the price of gasoline. the extensive debate on contentious lican leadership continued to force us The President’s jawboning with his nominees and the nuclear option the to expend our precious days debating close friends in Saudi Arabia has prov- past few months. We have been work- something else. And what is that? The en unsuccessful. It is time to act, but ing in good faith to achieve a bipar- Senate’s time has been focused not on the Senate, under Republican leader- tisan legislative process on this issue.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12102 CONGRESSIONAL RECORD—SENATE June 9, 2005 We have done so, despite criticism fund to pay for the war in Iraq. We But the full-time, highly paid posi- from the left and the right. In fact, can’t talk about the Social Security tions of judgeships is the one thing after the bill was successfully reported Fairness Act here on the floor because that has come down. Judicial vacancies by the committee, Senator HATCH we have to take the time for three or have come down 49 percent. called it the most important measure four more right-wing activist judges. It seems that is far more important the Senate would consider this year for The bill I talked about is a bill that than seeing projected trillions of dol- the American economy. Are we debat- Republican and Democratic Senators lars in surpluses go to trillions of dol- ing it on the floor? No. We are debating have cosponsored over the years to pro- lars in projected deficits, far more im- a handful of right-wing activist judges tect the Social Security retirement of portant than the problem we create for lifetime, highly paid jobs. police officers. Those on the front lines when we allow the Saudis, the Chinese, There are many items that need protecting all of us from crime and vio- the South Koreans, the Japanese, and prompt attention. The Armed Services lence should not see their Social Secu- others to pay our bills but then be able Committee completed its work on the rity benefits reduced. That needs fix- to manipulate our economy. It seems Department of Defense authorization ing. We could have done that easily wrong. bill. But we are seeing the Republican this week. But, no, we can’t protect our We helped the President confirm a leadership delay action on the Defense police officers. Instead, we will make record number of his judges, but we authorization bill at a time when we sure that a handful of right-wing activ- Democrats would like to see us talk have so many of our men and women ist judges get highly paid lifetime jobs. about the people who are out of work, under arms overseas. I don’t know why These are merely examples of some the price of gasoline, the huge deficits they are doing it, unless it is to allow of the business matters the Republican that have been created by this presi- more activist judges to come through. majority of the Senate has cast aside dency. At a time when we have young men to force more debate on more conten- We know that yesterday the Senate and women serving their country tious nominees. The Senate could be confirmed Janice Rogers Brown to the around the world, and we are talking making significant legislative progress Court of Appeals for the DC Circuit, de- about the recently recommended base on an agenda that would result in spite the fact she is a divisive and con- closings, I would have thought the De- much-needed and tangible relief to the troversial nominee. She was opposed by fense authorization would be more of a American people on a number of impor- both her home State Senators because she had a record so extreme it marked priority than three or four activist tant fronts. We could be acting to her as one of the most activist judicial judges. lower gas prices, authorize actions The Senate Energy Committee suc- against illegal cartels, make asbestos nominees ever chosen by any Presi- cessfully completed its consideration compensation efficient and effective, dent. In the past, when both Senators from of an Energy bill, and it was reported authorize vital scientific research, pro- a nominee’s State opposed them, the to the Senate with a strong bipartisan vide fairness to police officers and to person, even if highly qualified, would majority. Despite its balance and a bi- make health care more affordable, cre- be turned down. In this case, we have partisan vote, the Senate Republican ate new and better jobs and give our somebody who is not qualified, an ac- leadership said, no, we can’t talk about veterans and their families the support tivist judge opposed by both of her it. We have to talk about a couple more they need and deserve. Instead, the Re- State’s Senators, who still passed. I right-wing activist judges. publican leadership of the Senate con- mention that because I remember Jus- Another matter that deserves timely tinues its narrow focus on helping this tice Ronnie White, now the first Afri- attention is the Stem Cell Research Administration pack the federal courts can American to serve as Chief Justice Enhancement Act which was just with extreme nominees. of the Missouri Supreme Court. When passed by the House of Representa- For more than four years, we have the two Senators from his home State, tives. It is another bipartisan effort seen the Republican congressional Republican Senators, said they were that deserves our attention. It had 200 leadership and the administration ig- opposed to him, what happened? In House sponsors, led by Congressman nore the problems of Americans with a 1999, every Republican Senator came CASTLE and Congresswoman DEGETTE. single-minded effort to pack and con- on to the floor and voted down Justice It passed with 238 votes. It is critically trol the Federal courts. Unemploy- Ronnie White, even though he had been important. It authorizes work on em- ment, gas prices, the number of unin- voted out of the Judiciary Committee bryonic stem cells which otherwise sured, the Nation’s budget, the trade with heavy support. They said: would be discarded, work which holds deficit were all lower when President Whoops, he may be this distinguished great promise and hope for those fami- Bush assumed office. Through Repub- African-American jurist from Missouri. lies suffering from debilitating disease lican Senate obstruction of more than But we have two Senators from his and injury. More effective treatments 60 of President Clinton’s moderate and State who oppose him so we will vote for Parkinson’s, Alzheimer’s disease, qualified judicial nominees, more than him down. And they did. diabetes, for spinal cord injuries, for 60 of President Clinton’s nominees who But yesterday, what a difference. many other diseases are all possibili- were subjected to a pocket filibuster by What a difference if you have a Repub- ties. Why are we not debating that? We Republicans, judicial vacancies went lican in the White House. Those same have three or four more activist right- up. But let’s take a look. Republican Senators, joined by new Re- wing judgeships for lifetime, highly Since President Bush came in, what publican Senators, the same Repub- paid positions. That is far more impor- are the things that have gone up? Un- lican Senators who told me, ‘‘We know tant than stem cell research. employment has gone up 21 percent. that Justice Ronnie White is well While the administration continues Since President Bush came in, what qualified, but, after all, we have to fol- to talk about its efforts to weaken So- has gone up? The budget deficit has low the fact that the two Senators cial Security, there is bipartisan legis- gone up. It has gone from a $236 billion from his State say they don’t want lation we should be considering, the surplus under President Clinton to a him, so we have to vote him down,’’ Social Security Fairness Act. Are we $427 billion deficit under President those same Senators come up here and going to talk about that? No. Will we Bush—$663 billion down the rat hole. meekly come in, in lockstep, and vote talk about the fact that the adminis- What else has gone up? The price of gas for Judge Brown, even though the two tration is raiding the Social Security has gone from $1.42 to $2.10. That is not home-state Senators, for very good rea- fund to pay for their war in Iraq? That helping the average American. Let’s sons, opposed her. is something they don’t want to talk take a look at the trade deficit. It has Last week, all but one Republican about. They want to talk about Social gone up from $36 billion to $55 billion. Senator voted to confirm Priscilla Security failing, but they don’t talk How about the percentage of the unin- Owen. about the fact that they have to take sured? That has gone up another 10 per- Yesterday’s vote on the Brown nomi- the money out of the Social Security cent. nation apparently indicates Republican

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12103 Party discipline has been restored. For and in two unsuccessful cloture at- even by the President’s family. Other all the talk about profiles in courage tempts. The President disregarded the Republican members of the Judiciary and Senators voting their conscience, advice given to him by the Senators Committee and of the Senate stood the Republican majority has reduced opposing this nomination, and he in- mute in the face of these McCarthyite the Senate to a rubberstamp of this stalled Mr. Pryor as a recess-appointed charges, or, worse, fed the flames. Now, President’s extreme and activist nomi- judge on the Eleventh Circuit where he the same type of rhetoric—identifying nees. Even though Senators will tell will serve until the end of this year. opponents as against faith—has again you privately they would vote against Today, because the President continues reared its ugly head. this person if it was secret ballot, the to insist on pushing his most divisive This kind of religious smear cam- White House tells them what to do. nominees in a group that he renomi- paign hurts the whole country. It hurts William Pryor has argued that Fed- nated to the Senate, we are here voting Christians and non-Christians. It hurts eral courts should cut back on the pro- yet one more time on this nomination. all of us, because the Constitution re- tections of important and well-sup- I expect some will try to point to the quires judges to apply the law, not ported Federal laws, including the Age few cases he has worked on during his their personal views. Remember that Discrimination in Employment Act, time ‘‘auditioning’’ on the circuit all of us, no matter what our faith— the Americans with Disabilities Act, court as evidence that he should be and I am proud of mine—are able to the Civil Rights Act of 1964, the Clean confirmed. But nothing Judge Pryor practice our religion as we choose or Water Act, the Violence Against has done in the intervening period has not to practice a religion. That is a Women Act, the Family and Medical changed my view that based on his en- fundamental guarantee of our Con- Leave Act. That should be enough to tire career and record, if he were to re- stitution. The Constitution’s prohibi- vote against him, but it won’t be, not ceive life tenure on the Federal bench, tion against a ‘‘religious test’’ in Arti- with this rubberstamp. He has repudi- he would put ideology above the law. I cle VI is consistent with that funda- ated decades of legal precedents that cannot support him. mental freedom. I hope that Repub- permitted individuals to sue States to In the course of their march toward lican Senators will debate this nomina- prevent violations of Federal civil the ‘‘nuclear option’’—a development tion absent the scurrilous charges that rights regulations. Is that going to thankfully averted—the President and marked it the past and the discourse cause us to vote him down? Heck no. the Republican leadership escalated during the ‘‘nuclear option’’ last His aggressive involvement in the the rhetoric surrounding this issue in month. Instead, the Senate’s debate should Federalist revolution shows he is a alarming ways. The majority leader center on the nominee’s qualifications goals-oriented activist who has used last month participated in a telecast for this lifetime post in the Federal ju- his official position to advance his smearing opponents of the most ex- diciary. There is an abundance of sub- cause. While his advocacy is a sign to treme judicial nominees as ‘‘against stantive and compelling reasons why most people of the extremism, he people of faith.’’ Arrayed behind the William Pryor should not be a judge on trumpets his involvement. He is un- podium at that gathering were photos the Eleventh Circuit. Opposition to abashedly proud of his repeated work of the filibustered nominees, and Judge Pryor’s nomination is shared by speaker after speaker accused Demo- to limit congressional authority to a wide spectrum of objective observers. crats of opposing nominees such as promote the health, safety, and welfare Judge Pryor’s record is so out of the Judge Pryor because of his faith. These of all Americans. mainstream that a vast number of edi- His passion is not some obscure legal are baseless and despicable accusa- torial boards and others have weighed theory but a legal crusade that has tions, and it is time the Republican in with significant opposition. driven his actions since he was a stu- leadership and other Republicans in Even The Washington Post, which dent and something that guides his ac- and out of the Senate disavow them. has been exceedingly generous to the tions as a lawyer. His speeches and his Senate Democrats do not oppose Wil- Administration’s efforts to pack the testimony before Congress demonstrate liam Pryor because of his faith. We op- courts, has termed Judge Pryor just how rooted his views are, how pose the nomination of William Pryor ‘‘unfit’’ and consistently opposed his much he wants to effect a fundamental to the Eleventh Circuit because of his nomination. In Alabama, both the Tus- change in this country. extreme—some, with good reason, use caloosa News and the Hunstville Times Just remember this: These judicial the word ‘‘radical’’—ideas about what wrote against the nomination. Other nominees are being confirmed for life. the Constitution says about federalism, editorial boards across the country They do not leave or get reconsidered criminal justice and the death penalty, have spoken out, including the Atlanta after the congressional elections next violence against women, the Americans Journal-Constitution, the Pittsburgh year or after this administration ends. with Disabilities Act, and the Govern- Post-Gazette, The New York Times, They serve as lifetime appointments to ment’s ability to protect the environ- the Charleston Gazette, the Arizona the Federal court. ment on behalf of the American people. Daily Star, and The Los Angeles It is one thing for us to ignore all the Of course, those substantive concerns Times. things we should be doing for the will not do much to advance Repub- We have also heard from a large num- American people, but I urge all Sen- licans’ political ambitions and the ber of organizations and individuals ators, on both sides of the aisle, to end agendas of polarizing interest groups. concerned about justice before the fed- this up-or-down rubberstamp, fulfill So some Republican partisans are put- eral courts. The Log Cabin Repub- the Senate’s constitutionally man- ting the truth to one side. They dis- licans, the Leadership Conference on dated duty to evaluate with clear eyes miss the views of Democratic Senators Civil Rights, the AFL–CIO, the Na- the fitness of judicial nominees, even doing their duty under the Constitu- tional Partnership for Women and President Bush’s nominees, when they tion to examine the fitness of every Families and many others have pro- are for lifetime appointments. Stop nominee to a lifetime position on the vided the Committee with their con- telling me privately how you would Federal bench and choose, instead, to cerns and the basis for their opposi- vote if it was a secret ballot. Have the use smears and accusations. tion. We have received letters of oppo- courage to vote in an open ballot the The last time Judge Pryor came be- sition from organizations that rarely same way. fore this committee and the Senate, take positions on nominations but feel In the last Congress, following one of slanderous accusations were made by so strongly about this one that they the most divisive debates I have seen Republican Senators, and scurrilous are compelled to publicly oppose it, in- on the floor of the Senate, I explained newspaper advertisements were run by cluding the National Senior Citizens’ why I felt strongly about voting a group headed by the President’s fa- Law Center, the Anti-Defamation against the nomination of William ther’s former White House counsel and League and the Sierra Club. Pryor to the U.S. Court of Appeals for a group whose funding includes money The ABA’s evaluation also indicates the Eleventh Circuit—in committee raised by Republican Senators and concern about this nomination. Their

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12104 CONGRESSIONAL RECORD—SENATE June 9, 2005 Standing Committee on the Federal His passion is not some obscure legal tionality of Alabama’s method of exe- Judiciary gave Mr. Pryor a partial rat- theory but a legal crusade that has cution in 2000, William Pryor lashed ing of ‘‘not qualified’’ to sit on the Fed- driven his actions since he was a stu- out at the Supreme Court, saying: eral bench. Of course this is not the dent and something that guides his ac- ‘‘[T]his issue should not be decided by first ‘‘not qualified’’ rating or partial tions as a lawyer. His speeches and tes- nine octogenarian lawyers who happen ‘‘not qualified’’ rating that this admin- timony before Congress demonstrate to sit on the U.S. Supreme Court.’’ istration’s judicial nominees have re- just how rooted his views are, how Aside from the obvious disrespect this ceived. More than two dozen of Presi- much he seeks to effect a fundamental comment shows for the Nation’s high- dent Bush’s nominees have received in- change in the country, and how far out- est court, it shows again how results- dications of concerns about their quali- side the mainstream he is. oriented Judge Pryor is in his approach fications from the ABA’s peer reviews, Judge Pryor is candid about the fact to the law and to the Constitution. Of which have been less exacting and that his view of federalism is different course an issue about cruel and un- much more accommodating to this ad- from the current operation of the Fed- usual punishment ought to be decided ministration than to previous ones. I eral Government—and that he is on a by the Supreme Court. It is addressed would note that this softer treatment mission to change the government to in the Eighth Amendment, and wheth- follows the changes in the process im- fit his vision. His goal is to continue to er or not we agree on the ruling, it is posed by the Bush administration. limit Congress’s authority to enact an elementary principle of constitu- Judge Pryor has long been a leader of laws under the Fourteenth Amendment tional law that it be decided by the Su- the federalist movement, promoting and the commerce clause—laws that preme Court, no matter how old its State power over the Federal Govern- protect women, ethnic and racial mi- members. ment. A leading proponent of what he norities, senior citizens, the disabled, Judge Pryor has also vigorously op- refers to as the ‘‘federalism revolu- and the environment—in the name of posed an exemption for persons with tion,’’ Judge Pryor seeks to revitalize sovereign immunity. Is there any ques- mental retardation from receiving the state power at the expense of Federal tion that he will pursue his agenda as death penalty, exhibiting more cer- protections, seeking opportunities to a judge on the Eleventh Circuit Court tainty than understanding or sober re- attack Federal laws and programs de- of Appeals reversing equal rights flection. He authored an amicus curiae signed to guarantee civil rights protec- progress and affecting the lives of mil- brief to the Supreme Court arguing tions. He has urged that Federal laws lions of Americans for decades to that the Court should not declare that on behalf of the disabled, the aged, come? executing mentally retarded persons women, minorities, and the environ- Judge Pryor’s comments have re- violated the Eighth Amendment. After ment all be limited. Not long ago, in a vealed insensitivity to the barriers losing on that issue, Judge Pryor made New York Times Magazine article that disadvantaged persons and mem- an unsuccessful argument to the Elev- about the so-called ‘‘Constitution-in- bers of minority groups and women enth Circuit that an Alabama death- Exile’’ movement, Michael Greve, was continue to face in the criminal justice row defendant is not mentally re- quoted as saying, ‘‘Bill Pryor is the system. This is what is at stake for tarded. key to this puzzle; there’s nobody like Americans, the consumers of our jus- Judge Pryor has spoken harshly him. I think he’s sensational. He gets tice system. This is the type of judge about the moratorium imposed by almost all of it.’’ That is precisely why this President and this Republican former Illinois Governor George Ryan, he should not be confirmed. leadership are intent on permanently calling it a ‘‘spectacle.’’ Can someone William Pryor has argued that the installing in our justice system. so dismissive of evidence that chal- Federal courts should cut back on the In testimony before Congress, Wil- lenges his views be expected to hear protections of important and well-sup- liam Pryor has urged repeal of Section these cases fairly? Over the last few ported Federal laws including the Age 5 of the Voting Rights Act—the center- years, many prominent Americans Discrimination in Employment Act, piece of that landmark statute—be- have begun raising concerns about the the Americans with Disabilities Act, cause, he says, it ‘‘is an affront to fed- death penalty including current and the Civil Rights Act of 1964, the Clean eralism and an expensive burden that former supporters of capital punish- Water Act, the Violence Against has far outlived its usefulness.’’ That ment. For example, Justice O’Connor Women Act, and the Family and Med- testimony demonstrates that Judge recently said there were ‘‘serious ques- ical Leave Act. He has repudiated dec- Pryor is more concerned with pre- tions’’ about whether the death pen- ades of legal precedents that permitted venting an ‘‘affront’’ to the States’ dig- alty is fairly administered in the individuals to sue states to prevent nity than with guaranteeing all citi- United States, and added: ‘‘[T]he sys- violations of Federal civil rights regu- zens the right to cast an equal vote. It tem may well be allowing some inno- lations. His aggressive involvement in also reflects a long-discredited view of cent defendants to be executed.’’ In re- this ‘‘federalist revolution’’ shows that the Voting Rights Act. Since the en- sponse to this uncertainty, Judge he is a goal-oriented, activist conserv- actment of the statute in 1965, every Pryor offers us nothing but his obsti- ative who has used his official position Supreme Court case to address the nate view that there is no problem to advance his ‘‘cause.’’ Alabama was question has rejected the claim that with the application of the death pen- the only state to file an amicus brief Section 5 is an ‘‘affront’’ to our system alty. This is a position that is not like- arguing that Congress lacked authority of federalism. Whether under Earl War- ly to afford a fair hearing to a defend- to enforce the Clean Water Act. He ar- ren, Warren Burger, or William ant on death row. gued that the Constitution’s commerce Rehnquist, the United States Supreme Judge Pryor’s troubling views on the clause does not grant the Federal Gov- Court has recognized that guaranteeing criminal justice system are not limited ernment authority to prevent destruc- all citizens the right to cast an equal to capital punishment. He has advo- tion of waters and wetlands that serve vote is essential to our democracy not cated that counsel need not be provided as a critical habitat for migratory a ‘‘burden’’ that has ‘‘outlived its use- to indigent defendants charged with an birds. The Supreme Court did not adopt fulness.’’ offense that carries a sentence of im- his narrow view of the commerce His strong views against providing prisonment if the offense is classified clause powers of Congress. While his counsel and fair procedures for death as a misdemeanor. The Supreme Court advocacy in this case is a sign to most row inmates have led William Pryor to nonetheless ruled that it was a viola- people of the extremism, he trumpets doomsday predictions about the mod- tion of the Sixth Amendment to im- his involvement in this case. He is un- est reforms in the Innocence Protec- pose a sentence that included a possi- abashedly proud of his repeated work tion Act that would create a system to bility of imprisonment if indigent per- to limit congressional authority to ensure competent counsel in death pen- sons were not afforded counsel. promote the health, safety and welfare alty cases. When the United States Su- Judge Pryor is overwhelmingly hos- of all Americans. preme Court questioned the constitu- tile to a woman’s right to choose.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12105 There is every indication from his political concerns openly affected his that Article III judges receive lifetime record and statements that he is com- legal views. As Attorney General of appointments precisely so that they mitted to reversing Roe v. Wade. Judge Alabama, Pryor was one of the found- can be independent. Judge Pryor, in Pryor describes the Supreme Court’s ers of the Republican Attorneys Gen- contrast, cannot be independent during decision in Roe v. Wade as the creation eral Association, or RAGA, an organi- the pendency of his recess appointment ‘‘out of thin air [of] a constitutional zation which raised money from cor- because he is dependent on the Senate right,’’ and opposes abortion even in porations for Republican candidates for for confirmation to a lifetime position. cases of rape or incest. state Attorney General positions. Be- He is, in essence, trying out for the job. Judge Pryor does not believe Roe is fore RAGA was founded, Attorney Gen- Accordingly, the opinions he writes sound law, neither does he give cre- eral candidates usually shied away while temporarily on the court are not dence to Planned Parenthood v. Casey. from corporate fundraising because of much of a predictor for what he would He has said that ‘‘Roe is not constitu- the potential for conflicts of interest do if he did receive a lifetime appoint- tional law,’’ and that in Casey, ‘‘the with an Attorney General’s duty to go ment and became truly independent. court preserved the worst abomination after any corporate wrongdoing. What is a good predictor for what he of constitutional law in our history.’’ But William Pryor not only ignored would do as a permanent Eleventh Cir- When Judge Pryor appeared before the the tradition of keeping Attorney Gen- cuit judge? Quite simply, his actions Committee, he repeated the mantra eral’s races above politics, he embraced and statements in the many years of suggested by White House coaches that with both hands the mixing of law and his professional life before he was ap- he would ‘‘follow the law.’’ But his politics. He spoke out, vocally and pointed provide the best insight. And willingness to circumvent established often, against state attorneys general these actions and statements paint a Supreme Court precedent that protects bringing aggressive cases against the clear and consistent picture of a judi- fundamental privacy rights seems tobacco industry, the gun industry, and cial activist whose extreme views place much more likely. other corporate interests. And then him far outside the mainstream. A Judge Pryor has expressed his opposi- RAGA, Pryor’s organization, raised year of self-serving restraint does little tion to fair treatment of all people re- money for attorney general campaigns to alter this picture. gardless of their sexual orientation. from these very industries and others The President has said he is against The positions he took in a brief he filed like them that hoped to avoid lawsuits what he calls ‘‘judicial activism.’’ How in the Supreme Court case of Lawrence and prosecution. Pryor’s philosophy of ironic, then, that he has chosen several v. Texas were entirely repudiated by opposing mainstream government reg- of the most committed and opinionated the Supreme Court majority two years ulation of corporations advanced his judicial activists ever to be nominated ago when it declared that: ‘‘The peti- politics and his organization’s fund- to our courts. The question posed by this controver- tioners are entitled to respect for their raising, and his political interests in sial nomination is not whether Judge private lives. The State cannot demean turn informed his pro-corporation legal Pryor is a skilled and capable politi- their existence or control their destiny philosophy. Curiously, when asked cian and advocate. He certainly is. The by making their private conduct a about RAGA at his hearing, Mr. PRYOR question is whether—not for a 2-year crime.’’ Judge Pryor’s view is the oppo- could remember very little about the term but for a lifetime—he would be a site. He would deny certain Americans organization or his role in it. the equal protection of the laws, and His partisan, political worldview col- fair and impartial judge. Could every would subject the most private of their ors the way he thinks about the role of person whose rights or whose life, lib- behaviors to public regulation. the courts as well. He ended one speech erty or livelihood were at issue before Capping Judge Pryor’s record of ex- with the prayer, ‘‘Please God, no more his court, have faith in being fairly treme activism were sworn statements Souters!’’—a slap at a Supreme Court heard? Could every person rightly have made by former Alabama Governor Fob Justice seen by some as insufficiently faith in receiving a just verdict, a ver- James and his son, both Republicans, conservative. And he said he was dict not swayed by or yoked to the explaining that Judge Pryor was only pleased the Court’s vote in Bush v. legal philosophy of a self-described chosen by James to be the State’s At- Gore was a 5–4 split because that vote legal crusader? To see Judge Pryor’s torney General after promising that he would give President Bush ‘‘a full ap- record and his extreme views about the would defy court orders, up through preciation of the judiciary and judicial law is to see the stark answer to that and including orders of the Supreme selection;’’ in other words, it would question. I oppose giving Judge Pryor a life- Court of the United States. In sworn show the president that he needed to time appointment to the Eleventh Cir- affidavits, Governor James and his son appoint partisan conservatives to the cuit where he can impose his radical recount how Pryor persuaded them he bench. These are the sentiments of an activist vision on the many people was right for the job by showing them activist and a politician. They are not whose lives and disputes come before research papers he had supervised in the considered deliberations that all of him. I believe the President owes them law school about ‘‘nonacquiesence’’ to us, as Republican or Democrat would a nominee who can unite the American court orders. Indeed, under penalty of expect from an impartial judge. perjury, the former Republican Gov- On a full slate of issues—the environ- people. Mr. President, I believe my time has ernor and his son say that Judge Pry- ment, voting rights, women’s rights, expired. gay rights, federalism, and more—Wil- or’s position on defying court orders The ACTING PRESIDENT pro tem- liam Pryor’s record of activism and ad- changed only when he decided he want- pore. The Senator is correct. ed to be a Federal judge. vocacy is clear. That is his right as an Mr. LEAHY. I suggest the absence of If true, this information, consistent American citizen, but it does not make a quorum. with the activism and extremism him qualified to be a judge. As a judge, The ACTING PRESIDENT pro tem- present elsewhere in Judge Pryor’s it is his duty impartially to hear and pore. The clerk will call the roll. record, is revealing. To think that this weigh the evidence and to impart just The legislative clerk proceeded to man would come before the Senate and fair decisions to all who come be- call the roll. after having made a promise like fore the court. In their hands, we en- Mr. SESSIONS. Mr. President, I ask that—to undermine the very basis of trust to the judges in our independent unanimous consent that the order for our legal system—and ask to be con- Federal judiciary the rights that all of the quorum call be rescinded. firmed to a lifetime position on the us are entitled to enjoy through our The ACTING PRESIDENT pro tem- Federal bench, is beyond belief. birthright as Americans. pore. Without objection, it is so or- Indeed, William Pryor’s activism has Judge Pryor’s time on the Eleventh dered. often transcended judicial philosophy Circuit brings out the very problem Under the previous order, the time and entered the realm of pure partisan with recess appointments of controver- until 4 o’clock is under the control of politics to the point where it appeared sial judges. The Constitution sets out the majority leader.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12106 CONGRESSIONAL RECORD—SENATE June 9, 2005 The Senator from Alabama is recog- He took that to the Supreme Court in America, who has been arrested for civil nized. and won. Nobody in Alabama or any- rights causes on many occasions, as one who Mr. SESSIONS. Mr. President, it is a where else who knows anything about was a field staff member of Dr. Martin Lu- great honor for me to stand in this ther King’s SCLC, as one who has been bru- disabilities would think this rep- tally beaten by vicious police officers for great Senate Chamber to share a few resented an action by him to harm the participating in civil rights marches and thoughts about my friend, one of the disabled. It was simply to clarify this demonstrations, as one who has had crosses best lawyers I have ever known, now important principle as to what power burned in his yard by the KKK . . . as one Judge Bill Pryor, serving on the Elev- the Congress has under these kinds of who has lived under constant threats day in enth Circuit Court of Appeals, to speak legislation to wipe out the traditional and day out because of his [stands] . . . I re- in favor of his confirmation. historic right of a State under sov- quest your swift confirmation of Bill Pryor He is principled. He is highly intel- ereign immunity. to the 11th Circuit because of his constant ligent. He is committed to doing the efforts to help the causes of blacks in Ala- That is how these issues become con- bama. right thing. He has won the support, re- fused. That is what hurts me about this Bill Pryor has the support of every spect, friendship, and admiration of debate process. So often nominees are Democratic official in the State, the people on both sides of the aisle—Afri- accused of things based on results or top African-American leaders, the peo- can Americans, Whites, Democrats— maybe outcome of any one given case, ple of Alabama. They know him and re- throughout our State of Alabama. He and they are said to be against poor has virtually unanimous support spect him to an extraordinary degree. people or against education or against I am pleased to now yield the floor. I among those groups, and he has earned the disabled. see the majority leader is here. that by his principled approach to I will offer for the RECORD an edi- The PRESIDING OFFICER (Mr. COR- being attorney general, his love and re- torial from the Mobile Press that to- NYN). The majority leader. spect for the law, his courageous com- tally analyzes the complaints and alle- Mr. FRIST. Mr. President, I thank mitment to doing the right thing. gations that were raised by Senator my distinguished colleague from Ala- He has views about the law and pub- KENNEDY about fundraising for the At- bama for his leadership. I mentioned to lic policy in America, and he expresses torney Generals Association. It com- him yesterday it was just a few weeks those, but he absolutely understands pletely refutes those allegations. We ago that it was uncertain whether we that there is a difference between advo- had a full look at it. I think everybody would ever reach this moment—about cacy and being on a bench and having who was involved in the Judiciary 31⁄2 weeks ago and I remember the con- to judge, that you are not then an ad- Committee and the staff people who versation. We committed to have an vocate, you are a referee, you are a made lots of phone calls found there up-or-down vote, whatever it took. In- judge, a person who is supposed to fair- was absolutely nothing to show any deed, I am delighted to say that in a ly and objectively decide how the dis- wrongdoing. few moments we will vote up or down pute should be settled. He understands How do we decide what a good person on William Pryor’s nomination to that totally. That is true with most is or a good nominee is? I do not know. serve on the Eleventh Circuit Court of good lawyers in America, but I think You may know them and respect them Appeals. This body will be allowed that he understands it more than even most personally. You have seen their integ- opportunity to give Judge Pryor what good lawyers. Most good lawyers have rity and their courage in trying to do he deserves, and that is the respect of been good advocates, and they have be- the right thing daily. What do others an up-or-down vote. come good judges. Certainly we under- say who may have a different political He was first nominated to the Fed- stand that. philosophy? Let me read a letter from eral bench on April 9, 2003, over 2 years Criticism has been raised against him Alvin Holmes, a member of the State ago. So it has been a long time coming. that is painful to me. I think much of House of Alabama. That wait is almost over. It will be it is a result of misinformation. For ex- I see the majority leader here. I will over in about 6 or 7 minutes. The par- ample, my colleague from Iowa, who is be willing to yield to him or take a tisan charges and obstruction leveled such a champion of the disabled, al- couple minutes, if he allows me. against him are going to be brought to ways is a champion of the interests of The ACTING PRESIDENT pro tem- a close. Soon William Pryor will get the disabled, suggested that Bill Pryor pore. The majority leader. the fairness and the respect he deserves is not a believer in rights for the dis- Mr. FRIST. Mr. President, we will with that vote. abled because in a disabilities act that start voting about 4. If I can start in a Judge Pryor’s experience and was passed by this Congress it allowed couple minutes, that will be good. achievements in the legal profession people to sue their employers for back Mr. SESSIONS. Mr. President, I will have prepared him well to serve on the pay, for injunction, and for damages if state what Representative Alvin Federal bench. He graduated magna they were wronged by an employer. Holmes said. He is an African Amer- cum laude from Tulane University But the Congress never thought at that ican. He starts off saying: School of Law where he served as edi- time what it meant if it involved a Please accept this as my full support and tor in chief of the Law Review. State. endorsement of Alabama’s Attorney General He began his legal career as a law Three percent of the people in Ala- Bill Pryor to the United States Court of Ap- clerk for a legendary civil rights advo- peals for the 11th Circuit. bama work for the State of Alabama. cate, the late Judge John Minor Wis- He understood, as a skilled constitu- I am a black member of the Alabama House of Representatives having serving for dom of the U.S. Court of Appeals for tional lawyer, that the Congress would 28 years. During my service . . . I have led the Fifth Circuit. have then undertaken, if the law was most of the fights for civil rights of blacks, While practicing law at two of Ala- to be interpreted so that damages women, lesbians and gays and other minori- bama’s most prestigious firms, Judge could be rendered against the State, to ties. Pryor also taught several years as ad- wipe out the doctrine of sovereign im- He lists seven different points where junct professor at Samford University’s munity. That is a doctrine that pro- Attorney General Bill Pryor has stood Cumberland School of Law. hibits States from being sued for up for minority rights and African- Later he served as deputy attorney money damages. He said, yes, the em- American rights in the State, including general and then attorney general of ployee can get the job back, yes, the a mentor program where he for 3 years Alabama. As attorney general, he was employee can receive back pay if they worked every week reading as a tutor overwhelmingly reelected by the peo- were discriminated in any way as a re- to Black children. ple of Alabama in 2002. sult of that disability, but they cannot, He goes on to note a number of Two years later, President Bush, in in a case against the State of Alabama points. He finally concludes this way: 2004, recess appointed Judge Pryor to or any State, get money damages be- Finally, as one of the key civil rights lead- the Eleventh Circuit. During this time, cause that violates the constitutional ers in Alabama who has participated in basi- Judge Pryor has served with distinc- principle of sovereign immunity. cally every major civil rights demonstration tion. While on the appellate bench,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12107 many of Judge Pryor’s opinions have agree on whether individual nominees NOMINATION OF RICHARD A. GRIF- been supported by judges appointed by deserve confirmation, but we can all FIN TO BE UNITED STATES CIR- both Democrats and Republicans. agree on the principle that each nomi- CUIT JUDGE FOR THE SIXTH But this should not come as a sur- nee deserves a fair up-or-down vote. CIRCUIT prise. His rulings as a Federal judge are I urge my colleagues to join me in entirely consistent with his past supporting the confirmation of Judge record. William Pryor believes in inter- NOMINATION OF DAVID W. William H. Pryor. pretation of the law, not rewriting the MCKEAGUE TO BE UNITED law according to his own political Mr. President, I ask for the yeas and STATES CIRCUIT JUDGE FOR views. nays. THE SIXTH CIRCUIT He has an outstanding record on civil The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The rights. Dr. Joe Reed, chairman of the sufficient second? clerk will report the next two nomina- African-American caucus for Ala- tions en bloc. bama’s Democratic Conference, said of There appears to be a sufficient sec- The assistant legislative clerk read Judge Pryor: He ‘‘will uphold the law ond. the nominations of Richard A. Griffin, without fear or favor. I believe all Under the previous order, the hour of of Michigan, to be United States Cir- races and colors will get a fair shake 4 o’clock having arrived, the question cuit Judge for the Sixth Circuit, and when their cases come before him.’’ is, Will the Senate advise and consent David W. McKeague, of Michigan, to be Many other prominent African-Amer- to the nomination of William H. Pryor, United States Circuit Judge for the ican leaders have submitted letters of Jr., of Alabama, to be United States Sixth Circuit. support for Judge Pryor praising him Circuit Judge for the Eleventh Circuit? The PRESIDING OFFICER. Who for his commitment to upholding civil The clerk will call the roll. yields time? The Senator from Michi- gan. rights and equality for all Americans. The legislative clerk called the roll. It is simple. Those who criticize Judge Ms. STABENOW. Mr. President, I Pryor’s record have not examined it Mr. MCCONNELL. The following Sen- rise this afternoon in support of the with the care and respect that every ator was necessarily absent: the Sen- nominations of Judge David McKeague nominee’s record deserves. ator from Alaska (Ms. MURKOWSKI). and Judge Richard Griffin to the Sixth His record consistently proves his un- Circuit Court. Mr. DURBIN. I announce that the For some time now, Senator LEVIN wavering dedication to the protection Senator from Vermont (Mr. JEFFORDS) and I have been proposing the Senate of individual liberties and his commit- is necessarily absent. move forward on these nominees as ment to treating all people fairly. part of a good-faith effort for us to be Further, those who study his record, The PRESIDING OFFICER (Mr. working together in a bipartisan way as I have, know that Judge Pryor un- CHAFEE). Are there any other Senators in the Chamber desiring to vote? in the Senate. I am pleased we are now derstands and appreciates the obliga- to vote on the nomination of Judge The result was announced—yeas 53, tion of the judiciary branch to inter- Griffin and Judge McKeague as a result nays 45, as follows: pret the law, not to write the law. He of the bipartisan agreement to move stated in his hearing before the Judici- [Rollcall Vote No. 133 Ex.] forward and stop what was called the ary Committee the following: nuclear option, which would have YEAS—53 I understand my obligation to follow the eliminated the checks and balances in law, and I have a record of doing it. You Alexander Dole McConnell the Senate. It is my hope this bipar- don’t have to take my word that I will follow Allard Domenici Nelson (NE) the law. You can look at my record as Attor- Allen Ensign Roberts tisan agreement will help restore com- ney General and see where I have done it. Bennett Enzi Salazar ity and civility in our very important Bond Frist Santorum Chamber. It has been over 2 years since the Brownback Graham Sessions I will say a few words about these Bunning Grassley President sent William Pryor’s nomi- Shelby two nominees. Judge Richard Griffin is nation to the Senate. In that time, he Burns Gregg Smith Burr Hagel Specter a lifelong resident of Michigan. He has endured a hearing before the Sen- Chambliss Hatch Stevens would be the first nominee to the Sixth ate Judiciary Committee lasting 4 Coburn Hutchison Sununu Circuit from Traverse City, MI. He has hours where he answered over 185 ques- Cochran Inhofe Coleman Isakson Talent had a distinguished career both as an tions. Cornyn Kyl Thomas attorney and as a State appeals judge. Judge Pryor answered another 45 Craig Lott Thune Vitter He has served on the Michigan Court of written questions from Senators and Crapo Lugar Appeals for over 16 years and has been submitted over 26 pages in response. DeMint Martinez Voinovich DeWine McCain Warner rated as ‘‘well-qualified’’ by the Amer- On two separate occasions, his nomi- ican Bar Association. nation has been favorably voted out of NAYS—45 Judge David McKeague is also a life- the Judiciary Committee, consuming Akaka Dodd Lieberman long resident of Michigan. He would be another 4 hours of debate. Baucus Dorgan Lincoln the first nominee from my home of Two times his nomination has come Bayh Durbin Mikulski Biden Feingold Murray Lansing, MI, to the Sixth Circuit. to the Senate floor for a cloture vote, Bingaman Feinstein Nelson (FL) Judge McKeague has also had a distin- and twice the motion to invoke cloture Boxer Harkin Obama guished career as an attorney, a law failed because of partisan obstruction. Byrd Inouye Pryor professor, and a Federal judge. He But that day is over. During the last Cantwell Johnson Reed Carper Kennedy Reid served on the U.S. District Court for 2 days, we have continued to debate the Chafee Kerry Rockefeller the Western District of Michigan for nomination of Judge Pryor, and now it Clinton Kohl Sarbanes over 12 years and has been rated ‘‘well- is time to give him that long overdue Collins Landrieu Schumer qualified’’ by the American Bar Asso- Conrad Lautenberg Snowe vote. With the confirmation of Justice Corzine Leahy Stabenow ciation. Owen and Justice Brown, and the up- Dayton Levin Wyden I urge my colleagues to join me and coming vote on Judge Pryor, the Sen- Senator LEVIN in supporting the nomi- ate does continue to make good NOT VOTING—2 nation of Judge Griffin and Judge progress, placing principle before par- Jeffords Murkowski McKeague. It is important for us to tisan politics and results before rhet- move forward. oric. The nomination was confirmed. I hope confirming the Sixth Circuit I hope and I know we will continue The PRESIDING OFFICER (Mr. nominees before the Senate will help working together. As the debate on ju- CHAFEE). The President will be imme- restore comity and civility to the judi- dicial nominees has shown, we can dis- diately notified of the Senate’s action. cial nominations process. We have a

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12108 CONGRESSIONAL RECORD—SENATE June 9, 2005 constitutional obligation to advise and lowed to go forward even over the ob- Michigan nominees. At that time I consent on Federal judicial nominees. jections of their home state senators. noted that Judge White had been wait- This is a responsibility I take ex- Today, we will confirm two of Presi- ing for nearly 3 years and that the con- tremely seriously, as I know my col- dent Bush’s Michigan nominees to the firmation of the two women was ‘‘es- leagues do on both sides of the aisle. Sixth Circuit Court. They should be sential for fundamental fairness.’’ 1999 These are not decisions that will affect confirmed and I will vote for them. In ended without Judiciary Committee our courts for 3 or 4 years, but for 30 or deciding to move on, we should not ex- hearings. 40 years, making it even more impor- cuse the treatment of President Clin- In February of 2000 Senator LEAHY tant for the Senate not to act as a ton’s nominees or the refusal of Presi- spoke again on the Senate floor about rubberstamp. dent Bush to adopt a bipartisan solu- the multiple vacancies on the Sixth This is the third branch of govern- tion to the acknowledged wrong. A Circuit. Less than 2 weeks later, I ment and it is important we move for- brief history of the Michigan vacancies again made a personal plea to Senator ward in a positive way and be able to on the Sixth Circuit will also hopefully Abraham and Chairman HATCH to grant work with the White House on nomi- prevent a recurrence of the tactic a hearing to the Michigan nominees. nees who will reflect balance and re- which was used against Clinton nomi- On March 20, 2000, the chief judge of flect a mainstream approach for our nees—denial of a hearing in the Judici- the Sixth Circuit sent a letter to Chair- man HATCH expressing concerns about independent judiciary. ary Committee, year after year—not a reported statement from a member of I hope the White House will begin just in the last year of a presidential the Judiciary Committee that ‘‘due to working with the Senate in a more bi- term but in the years before the last partisan considerations’’ there would partisan and inclusive manner on judi- year of a presidential term. be no more hearings or votes on vacan- cial nominations. I look forward to Michigan Court of Appeals Judge He- cies for the Sixth Circuit Court of Ap- working with the White House on any lene White was nominated to fill a peals during the Clinton administra- future Michigan nominees since it is Sixth Circuit vacancy on January 7, tion. His concern would turn out to be absolutely critical we work together in 1997. Some months later, Senator well founded. filling these positions. LEAHY, as ranking member of the Judi- On May 2, 2000, I sent a note to Chair- I yield the floor. ciary Committee, came to this floor to man HATCH, but neither Judge White’s The PRESIDING OFFICER (Mr. urge that the Committee act on her nor Ms. Lewis’s nominations were CHAFEE). The Senator from Michigan. nomination. This would be the first of placed on the Committee’s hearing Mr. LEVIN. Mr. President, I am sup- at least sixteen statements on the Sen- agenda. Over the next several months, porting the two nominations before the ate floor by Senator LEAHY regarding Senator LEAHY went to the floor ten Senate. the Sixth Circuit nominations over a 4 more times to urge action on the With today’s confirmation of William year period. Michigan nominees. I also raised the Pryor, 211 of 218 of President Bush’s ju- A year and a half after Judge White issue on the Senate floor on several oc- dicial nominees have been confirmed. was nominated—Senator LEAHY came casions. After Richard Griffin’s and David to the floor and said: ‘‘At each step of In the fall of 2000, in a final attempt McKeague’s upcoming confirmation, the process, judicial nominations are to move the nominations of the two 213 of 218 of President Bush’s nominees being delayed and stalled.’’ His plea Michigan nominees, I met with Major- will have been confirmed. What a con- was again ignored and the 105th Con- ity Leader LOTT to discuss the situa- trast to the way that President Clin- gress ended without a hearing for tion. On September 12, I sent him a let- ton’s nominees were treated. More Judge White. ter saying ‘‘the nominees from Michi- than 60 of President Clinton’s nominees On January 26, 1999, President Clin- gan are women of integrity and fair- never received a vote in the Judiciary ton again submitted Judge White’s ness. They have been stalled in this Committee. In the battles over judicial nomination. That day, I urged both Senate for an unconscionable amount nominations that have consumed this Senator Abraham and Chairman HATCH of time without any stated reason.’’ body in recent years, the way those to recognize that fundamental fairness Neither the meeting with Senator LOTT nominees were treated stands out as dictated that she receive an early hear- nor the letter prompted the Judiciary uniquely unfair. Even then-White ing in the 106th Congress, having re- Committee to act on the nominations, House Counsel Alberto Gonzales ac- ceived no hearing in the 105th. and the 106th Congress ended without knowledged that treatment of Presi- On March 1, 1999, a second Michigan hearings for either woman. dent Clinton’s nominees was ‘‘inexcus- vacancy on the Sixth Circuit opened By this point, Judge White’s nomina- able.’’ up. The next day, Senator LEAHY re- tion had been pending for nearly 4 For the last 4 years of the Clinton turned to the floor, reiterated that years—the longest period of time that Presidency, there were Michigan va- nominations were being stalled by the any circuit court nominee had waited cancies on the Sixth Circuit court. The majority. for a hearing in the history of the Republican majority refused to hold The reason that the majority in the United States Senate. Ms. Lewis’s hearings in the Judiciary Committee Judiciary Committee did not hold a nomination had been pending for about on Clinton nominations for those va- hearing on Judge White was because of a year and a half. cancies. Indeed, one of those nominees Senator Abraham’s opposition, based The experience of Kent Markus of waited longer for a hearing in the Sen- on his effort to obtain the nomination Ohio will shed some light on these ate Judiciary Committee than any of Jerry Rosen, a district court judge events. Professor Markus was nomi- nominee in American history had—a in the Eastern District of Michigan, to nated by President Clinton in February hearing she ultimately never received. the second Michigan opening on the of 2000, to fill an Ohio vacancy on the Her nomination was held up for some Sixth Circuit. President Clinton, how- sixth Circuit. Both home state senators time by former Senator Spencer Abra- ever, in September of 1999, decided to indicated their approval of his nomina- ham in an attempt to secure the nomi- nominate Kathleen McCree Lewis to tion. Nevertheless, he was not granted nation of his preferred candidate to a that seat. a Judiciary Committee hearing. In his second position. Then, the seats were Soon thereafter, I spoke with Sen- testimony before the Judiciary Com- kept vacant because the majority ator Abraham about the Lewis and mittee, Professor Markus recollected hoped that a Republican would be White nominations, Senator LEAHY the events: elected President and would put for- again urged the Committee to act, call- ‘‘. . . To their credit, Senator DeWine and ward his nominees for those vacancies. ing the treatment of judicial nominees his staff and Senator Hatch’s staff and oth- When President Bush came to office, he ‘‘unconscionable.’’ ers close to him were straight with me. Over and over again they told me two things: not only filled positions which should On November 18, 1999, I again urged (1) There will be no more confirmations to have been filled by nominees of Presi- Senator Abraham and Chairman HATCH the 6th Circuit during the Clinton Adminis- dent Clinton, his nominees were al- to proceed with hearings for the two tration, and

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12109 (2) This has nothing to do with you; don’t a single judicial nominee got a Judici- Judge Griffin is an outstanding and take it personally—it doesn’t matter who ary Committee hearing if there was op- highly qualified candidate. the nominee is, what credentials they may position by one home-state Senator, let After graduating magna cum laude have or what support they may have. alone two. In our case, both home- from Western Michigan University And Professor Markus continued: State Senators opposed proceeding Honors College, Judge Griffin received . . . On one occasion, Senator DeWine told with President Bush’s Michigan judi- his juris doctor from the University of me ‘‘This is bigger than you and it’s bigger cial nominees absent a bipartisan ap- Michigan Law School in 1977. than me.’’ Senator Kohl, who had kindly agreed to champion my nomination within proach, but the Committee held hear- Upon graduating from law school, the Judiciary Committee, encountered a ings anyway. Judge Griffin clerked for the Honorable similar brick wall . . . The fact was, a deci- So, the unreturned blue slips of one Washtenaw Circuit Judge Ross W. sion had been made to hold the vacancies Republican Senator was enough to Campbell. He then became an associate and see who won the presidential election. block Judiciary Committee consider- and eventual partner at Coulter With a Bush win, all those seats could go to ation of two nominees by a Democratic Cunningham, Davison & Read. Bush rather than Clinton nominees. President. But despite negative blue In 1985, Judge Griffin started his own The logic of it was quite straight- slips of both home State Democratic firm, Read & Griffin, where he prac- forward, and unfair. Senators, hearings were held for Sixth ticed a broad range of litigation, in- Senator STABENOW and I are not Circuit nominations of President Bush. cluding automobile negligence, prem- alone in our view that what occurred That is inconsistent and unfair. ises liability, products liability, and with respect to the Michigan nominees Mr. President, each of us who was employment law. Judge Griffin en- was fundamentally unfair. As I said, here during that time knows what hap- gaged in both plaintiff and defense per- even Judge Gonzales, then-White House pened to President Clinton’s Michigan sonal injury litigation. Counsel, has acknowledged that the nominees to the Sixth Circuit was un- During this time, Judge Griffin also treatment of some nominees during the fair. Senator HATCH said it accurately, provided pro bono legal services as a Clinton administration was ‘‘inexcus- and I give him credit for putting it just volunteer counselor and attorney with able.’’ this way when, in July of 2004, he said the Third Level Crisis Clinic. Given that belief, Senator STABENOW the following: In 1989, Judge Griffin successfully ran and I had hoped that the Bush adminis- The two senators from Michigan have been for the Michigan Court of Appeals. He tration might consider a bipartisan ap- very upset and if I’d put myself in their was reelected to retain his seat in 1996, proach and believed that simply mov- shoes I’d feel the same way. and again in 2002. ing forward with Bush nominees would Well, it is time, however, to move on. The American Bar Association rated mean the unfair tactic used against the And we support moving on with these Judge Griffin ‘‘Well-Qualified’’ for ap- Clinton nominees would succeed. two nominations and hope that in pointment to the Sixth Circuit. The number of Michigan vacancies on doing so, it might produce some bipar- the federal courts provided an unusual Judge Griffin has engaged in numer- tisanship and compromise. But biparti- ous noteworthy activities. In addition opportunity for bipartisan compromise. sanship cannot just be a one-way In an effort to achieve a fair resolution to his duties on the Michigan Court of street. It requires reciprocity. Appeals, Judge Griffin also devotes a of the mistreatment of President Clin- In closing, I thank the many Sen- ton’s Michigan nominees, Senator STA- significant amount of time to volun- ators who worked for a bipartisan ap- teer activities. Judge Griffin has served BENOW and I proposed a bipartisan com- proach to the Michigan nominees. In mission to recommend nominees to the as president of the Grant Traverse Zoo- particular, I thank Senator HARRY logical Society since 1987. He also has President for two of the then-four open REID, who, like Senator Daschle before Michigan Sixth Circuit positions. Simi- served as chief judge of the YMCA him, got personally involved and tried Youth in Government Mock Trial Pro- lar commissions have successfully been to achieve a compromise. I thank Sen- used in other states. Such a commis- gram since 1997. ator LEAHY for his extraordinary ef- Judge Griffin has widespread support. sion would not guarantee the rec- forts over the many years. I cannot tell ommendation of any particular indi- Gerald Ford, 38th President of the you how many times he came to the United States, said: vidual, much less the nomination of Senate floor to make a statement. I any particular individual, since the I can say with conviction that Judge Grif- thank him for his efforts personally to fin is a person of the highest quality char- nomination decision is the President’s try to resolve this matter. I also thank alone. That proposal was rejected. The acter. As the record shows, he has been a Senator SPECTER, who has recently administration rejected another pro- very excellent Judge with unquestioned in- provided some bipartisan suggestions tegrity. posal to resolve the matter suggested to the White House. by Senator LEAHY and endorsed by Maura D. Corrigan, chief justice, With that, Mr. President, I thank the Michigan Supreme Court, said: then-Republican Governor John Chair and yield the floor. Engler. I suggest the absence of a quorum. Judge Griffin brings a depth of practical In the hopes of stimulating a bipar- experience and a grasp of real life problems The PRESIDING OFFICER (Mr. COR- to the decisions of cases . . . Richard Allen tisan response, Senator STABENOW and NYN). The clerk will call the roll. I returned negative blue slips on Presi- Griffin is a man of integrity and probity who The assistant legislative clerk pro- is fully capable of discharging the duty of dent Bush’s nominees. Despite past ceeded to call the roll. protecting our Constitution and laws. He is practice of not proceeding in the face Mr. FRIST. Mr. President, I ask deserving of the public trust as he has al- of negative blue slips from home state unanimous consent that the order for ready proven himself worthy of that trust Senators, the Judiciary Committee the quorum call be rescinded. during his years of service to the State of held hearings on the nominees. The PRESIDING OFFICER. Without Michigan. In 1999, Chairman HATCH had stated, objection, it is so ordered. William C. Whitbeck, chief judge, with respect to the Clinton nomination Mr. SPECTER. Mr. President, Presi- Michigan Court of Appeals, said: of Judge Ronnie White, ‘‘had both dent George W. Bush first nominated [T]here is no question that the United home-State Senators been opposed to Judge Richard Allen Griffin to the States Senate should promptly confirm Judge (Ronnie) White in committee, Sixth Circuit on June 26, 2002. Judge Griffin for the position on the Sixth [he] would never have come to the floor During the 108th Congress, on June Circuit . . . He is a decisive, scholarly judge under our rules, [and] that would be 16, 2004, the committee held a hearing with an instinct for the core issues and with true whether they are Democrat Sen- on the nomination of Judge Griffin. He a flair for authoring crisp, understandable ators or Republican Senators. That has was successfully voted out of com- opinions. just been the way the Judiciary Com- mittee on July 20, 2004. Stephen L. Borrello, judge, Michigan mittee has operated . . .’’ Judge Griffin is a judge of the Michi- Court of Appeals, said: During the entire Clinton Presi- gan Court of Appeals currently serving Judge Griffin possesses a rare trait dency, it is my understanding that not his 16th year on the court. amongst my colleagues: an intrinsic sense of

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12110 CONGRESSIONAL RECORD—SENATE June 9, 2005 justice. His innate fairness is combined with can and do assure you that he will be an ex- The then-chairman of the committee a rigorous work ethic and a thorough grasp cellent choice. crossed a critical line that he had of legal issues. Judge Griffin is one of the Paul D. Borman, U.S. District Judge never before crossed when in June of finest jurists in this State. for the Eastern District of Michigan, 2003, he held a hearing for Henry Saad, Mr. President, Judge David said: another of the Michigan nominees to McKeague was originally nominated by I have known Judge McKeague for seven the Sixth Circuit, opposed by both of President George W. Bush on November years and I can vouch for his intelligence, his home State Senators. It may have 8, 2001, and was renominated by the hard work, and commitment to equal protec- been the first time any chairman and President on February 14, 2005. He re- tion under the law. any Senate Judiciary Committee pro- ceived a hearing on June 16, 2004, and Randall S. Levine, attorney and life- ceeded with a hearing on a judicial was voted out of the Judiciary Com- long Democrat, said: nominee over the objection of both mittee on July 20, 2004. Judge McKeague is extremely intelligence, home State Senators. It was certainly Judge McKeague is extremely well possesses a sharp wit and keen intellect . . . the only time in the last 50 years, and His integrity is beyond reproach. qualified to sit on the Court of Appeals I know it to be the only time during for the Sixth Circuit. Judge McKeague Mr. LEAHY. Mr. President, as we de- my 31 years in the Senate. has a B.A. from the University of bate the nominations of Richard Grif- Having broken a longstanding prac- Michigan and a J.D. from the Univer- fin and David McKeague to the Sixth tice of the Judiciary Committee found- sity of Michigan Law School. Upon his Circuit Court of Appeals, and move on ed on respect for home State Senators, graduation from law school, he joined to their almost certain confirmation, I whether in the case of a district or cir- the law firm of Foster, Swift, Collins & believe we must acknowledge the co- cuit court nominee, the committee’s Smith, P.C., in Lansing, MI, and was operation and statesmanship of the two leadership did not hesitate to break it elected a shareholder and director of Senators from Michigan who have com- again and hold a hearing for Richard the firm. Judge McKeague served on promised a great deal in order to con- Griffin and David McKeague. the firm’s Executive Committee in var- tribute to the preservation of the rules The Michigan Senators did not do ious offices, and was chairman of the and traditions of the Senate. Senator what so many other Senators did when firm’s Government and Commerce De- LEVIN and Senator STABENOW have holding up more than 60 of President partment, for many years before his spent much of the last 4 years trying to Clinton’s nominees, and block them si- confirmation to the Federal bench in persuade the President to fulfill his lently. To the contrary, they came to 1992. constitutional duty and consult with the committee and articulated their Since February 1992, Judge them on his Michigan appointments, to very real grievances with the White McKeague has served as a judge on the no avail. Because of that lack of co- House and their honest desire to work U.S. District Court for the Western operation, combined with the shameful towards a bipartisan solution to the treatment given to President Clinton’s District of Michigan. Judge McKeague problems filling vacancies in the Sixth nominees, the Michigan Senators exer- has regularly participated by designa- Circuit. We should have respected their cised their right as home State Sen- tion on, and authorized appellate opin- views, as the views of home State Sen- ators to withhold their consent to the ions for, panels of the U.S. Court of Ap- ators have been respected for decades. I nominations of candidates chosen with- peals for the Sixth Circuit. The Amer- urged the White House to work with out consultation to the Sixth Circuit. ican Bar Association has rated Judge them. I proposed reasonable solutions McKeague as unanimously ‘‘well-quali- The Michigan Senators had the sup- port of other Senators. Nonetheless, to the impasse that the White House fied’’ for appointment to the Sixth Cir- rejected. The Michigan Senators pro- cuit. the Michigan Senators, with grace and dedication to this institution, with- posed reasonable solutions, including a Judge McKeague is an active member bipartisan commission, but the White of the community and several profes- drew their opposition to three of those nominees as part of the discussions re- House rejected every one. sional associations. Judge McKeague Although President Bush promised has been active as a member of several lated to averting the nuclear option. Because of their willingness to go for- on the campaign trail to be a uniter community, local, and professional or- and not a divider, his practice once in ganizations, including the Judicial ward, we are here today debating and voting upon the confirmation of two office with respect to judicial nominees Conference of the United States, the has been most divisive. Citing the re- Federal Judicial Center, the Michigan nominees to the Sixth Circuit despite a lack of consultation by President Bush marks of a White House official, The State and Ingham County bar associa- Lansing State Journal reported that tions. Both while in private practice and a complete disregard for the his- tory of this court. President Bush was simply not inter- and while on the Federal bench, Judge ested in compromise on the existing McKeague has directed and partici- First, it is essential to explain what a significant break with precedent it vacancies in the State of Michigan. It pated in numerous seminars, moot was that these two nominees were even is unfortunate that the White House court competitions, and trial advocacy given a hearing in the last Congress was never willing to work toward con- programs at high schools, universities without the support of either of their sensus with all Senators and on all and law schools throughout Michigan. courts. Over the last 4 years, time and Prior to his confirmation to the Fed- home State Senators. The scheduling of that hearing was another example of again the good faith efforts of Senate eral bench, he served 6 years in the Democrats to repair the damage done U.S. Army Reserve. Since 1998, he has the downward spiral the committee traveled over the last 2 years, when we to the judicial confirmation process also served as an adjunct professor of witnessed rule after rule broken or over the previous 6 years were rejected. law at Michigan State University’s De- misinterpreted away. And time and again, the rules were troit College of Law, where he teaches The list is long. From the way that thrown by the wayside. Federal Jurisdiction and Trial Advo- home State Senators were treated to When Republicans chaired the Judici- cacy. the way hearings were scheduled, to ary Committee and we were consid- Judge McKeague has the support of the way the committee questionnaire ering the nominations of a Democratic many attorneys and peers in Michigan, was altered, to the way our commit- President, one negative blue slip from including several Democrats. tee’s historic protection of the minor- just one home State Senator was John H. Logie, attorney and Mayor of ity by committee rule IV was violated; enough to doom a nomination and pre- Grand Rapids, said: the Republican leadership on the com- vent a hearing on that nomination. What emerged from our mutual experi- mittee last Congress destroyed vir- This included all nominations, includ- ences was a deep admiration for Judge McKeague’s concerns both with the processes tually every custom and courtesy that ing those to the circuit courts. How of the court and with their impact on people. had been available to help create and else to explain the failure to schedule If these are matters that we want out appel- enforce cooperation and civility in the hearings for such qualified and non- late judges to have in equal measure, then I confirmation process. controversial nominees as James Beaty

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12111 and James Wynn, African-American went forward with a hearing over the paperwork was complete, the Sixth Cir- nominees from North Carolina? What objection or negative blue slip of a sin- cuit panel assigned to the affirmative other reason could plausibly be found gle Republican home State Senator action cases had already circulated a for what happened to the nominations during the Clinton administration. But request for the full court to hear argu- of Enrique Moreno and Jorge Rangel— once a Republican President was doing ment, and on November 16, the Sixth both Latino, both Harvard graduates, the nominating, no amount of object- Circuit ordered that the case to be ar- both highly rated by the ABA, and both ing by Democratic Senators was suffi- gued to the full court. The oral argu- denied hearings in the Judiciary Com- cient. The committee overrode the ob- ment in that case took place after mittee? There is no denying that was jection of one home State Senator with Thanksgiving, on December 6. the rule during the previous Demo- the Kuhl nomination. The committee Given the lateness of her nomination, cratic administration. There is no way overrode the objection of both home her paperwork, and the year, Gibbons around the conclusion that with a Re- State Senators when a hearing and a could not realistically have expected a publican in the White House, the Re- vote was held on the Saad nomination, hearing, a committee vote and a con- publicans in the Senate have found it and once more by holding a hearing firmation vote to all have taken place politically expedient to change the and vote for the two circuit court in the 3 weeks between the time her pa- rules and reverse their own practices nominees we are discussing today. perwork was complete and the time the time and again. I know it is frustrating that there Sixth Circuit sat for the oral argument In all, more than 60 of President Clin- have been unfilled vacancies on the in that case and took a poll about the ton’s judicial nominees and more than Sixth Circuit for so long. Many of us outcome of that case. The ordinary 200 of his executive branch nominees experienced worse frustration during practice is that only the judges who were defeated in Senate committees the Clinton years when good nominees are on the court at the time the court through the enforcement of rules and were held up for no discernable rea- votes to hear the case ‘‘en banc’’ can precedents that the Republican major- son—other than politics. During Presi- participate in the case, even if they re- ity later found inconvenient—now that dent Clinton’s second term, the Repub- tire. It is just unreasonable to contend there is a Republican in the White lican Senate majority shut down the that Judge Gibbons could have heard House. Indeed, among the more than 60 process of confirmations to the Sixth the December 6 argument in that case. Clinton judicial nominees who the Circuit entirely, and three outstanding committee never considered there were nominees were not accorded hearings, When we returned for the second ses- more than a few who were blocked de- committee consideration or Senate sion of the 107th Congress, I scheduled spite positive blue slips from both votes. In fact, while there were num- several hearings at the request of a home State Senators. So long as a Re- bers of vacancies on the Sixth Circuit number of different Republican Sen- publican Senator had an objection, it and nominees for those vacancies, from ators. The first circuit court nominee appeared to be honored, whether that November of 1997 there was not a con- to get a hearing was Michael Melloy was Senator Helms of North Carolina firmation to that court until the con- for the Eighth Circuit at Senator objecting to an African-American firmation of Julia Smith Gibbons while GRASSLEY’s request; followed by Judge nominee from Virginia or Senator Gor- I was chairman on July 29, 2002, a span Pickering, who was supported by Sen- ton of Washington objecting to nomi- of nearly 5 years. Not a single Sixth ator LOTT; then Judge D. Brooks nees from California. Circuit nominee was even given a hear- Smith, for the Third Circuit, at Sen- During the last Congress, the Judici- ing during Republican control of the ator SPECTER’s request; then Terrence ary Committee also took the unprece- 106th Congress, and one of the nomi- O’Brien, for the Eighth Circuit, at the dented action of proceeding to a hear- nees, Kent Marcus from Ohio, testified request of Senators THOMAS and ENZI; ing on the nomination of Carolyn Kuhl at a Judiciary subcommittee hearing and Jeffrey Howard, for the First Cir- to the Ninth Circuit over the objection in 2002 that he was told that he would cuit, who was supported by Senator of Senator BOXER. When the senior not be confirmed despite public support Bob Smith. Senator from California announced her from his home State Senators. Repub- Once those hearings were completed, opposition to the nomination as well at licans wanted to keep the vacancies in in the week of April 15, I scheduled a the beginning of a Judiciary Com- case a Republican was elected Presi- hearing for Judge Gibbons. Her hearing mittee business meeting, I suggested to dent. was held on April 25. I listed her for a the chairman that further proceedings When I chaired the committee, we committee vote the very next week, on that nomination ought to be care- broke that impasse with the first Sixth and all of the Democratic Senators fully considered. I noted that he had Circuit confirmation in those many joined in voting her out the same day, never proceeded on a nomination op- years. I scheduled a hearing and a vote May 2. She did not get an immediate posed by both home State Senators for Julia Smith Gibbons of Tennessee, floor vote due to a dispute between the once their opposition was known. Sen- who was confirmed shortly thereafter, White House and Senators over com- ator FEINSTEIN likewise reminded the and I did the same for John Rogers of missions, but she was ultimately con- then-chairman of his statements in Kentucky, who was confirmed in No- firmed on July 29, 2002. connection with the nomination of vember of 2002. Ronnie White when he acknowledged I know that around the time a Re- The Sixth Circuit issued its decision that had he known both home State publican leadership staffer was found in the Michigan affirmative action case Senators were opposed, he would never to have stolen confidential Democratic on May 14, 2002, which means the have proceeded. Nonetheless, in one in files there were outrageous accusations judges were already working on the a continuing series of changes of prac- made that Judge Gibbons’ confirma- majority and dissenting opinions for tice and position, the committee was tion was delayed to affect a pending af- weeks, likely even months, given the required to proceed with the Kuhl nom- firmative action case in some way. I complexity of the case. The Supreme ination. A party-line vote was the re- have never considered the outcome of Court, where I think we all knew the sult. any particular case when scheduling issue would finally be decided, accepted With the Saad nomination, the com- that or any other nominee for a hear- the appeal of the affirmative action de- mittee made a further profound change ing. cision later that year and issued its in its practices. When a Democratic The facts of this nomination belie ruling on June 23, 2003. President was doing the nominating this scurrilous accusation. Judge Gib- To say that Democrats used their and Republican Senators were object- bons was nominated to the Sixth Cir- power to influence the Sixth Circuit in ing, a single objection from a single cuit in October 2001 but did not have a any case is demonstrably false. What is home State Senator stalled the nomi- completed file until November 15, factually true is that from the time the nation. There was not a single example shortly before the end of the first ses- case against the University of Michi- of a single time that the committee sion of the 107th Congress. Before her gan case was filed in District Court

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12112 CONGRESSIONAL RECORD—SENATE June 9, 2005 until the time I facilitated the con- As a judge on the Michigan Court of nominee and blocked the nomination firmation of Judge Gibbons, Repub- Appeals since 1989, Judge Griffin has of Justice Abe Fortas to serve as Chief licans had successfully blocked any and handled and written hundreds of opin- Justice. Despite the deference given in all appointees to that Circuit. ions involving a range of civil and those days to the President’s selected Even after the 107th Congress, Demo- criminal law issues. Yet, a review of nominee, former Senator Griffin led a crats continued to cooperate in filling Judge Griffin’s cases on the Michigan core group of Republican Senators in seats on the Sixth Circuit. Although Court of Appeals raises concerns. He derailing President Johnson’s nomina- many of us strongly opposed their has not been shy about interjecting his tion by filibustering for days. Eventu- nominations, we did not block the con- own personal views into some of his ally, Justice Fortas withdrew his nomi- firmations of two more controversial opinions, indicating that he may use nation. I know that the Republicans judges to that court: Deborah Cook and the opportunity, once confirmed, to here have called filibusters of Federal Jeffrey Sutton. With their confirma- further his own agenda when con- judges ‘‘unconstitutional’’ and ‘‘un- tions, that brought us to a total of four fronted with cases of first impression. precedented’’, but this nominee’s fa- Sixth Circuit confirmations in 3 years For example, in one troubling case ther actually set the modern precedent as opposed to no confirmation in the involving the Americans with Disabil- for blocking nominees by filibuster on last 3 years of the Clinton administra- ities Act—ADA—Doe v. Mich. Dep’t of the Senate floor. tion. We cut Sixth Circuit vacancies in Corrections, Judge Griffin followed The second of the two nominees be- half. With cooperation from the White precedent and allowed the State dis- fore us today is David McKeague. His House, we could have done even better. ability claim of disabled prisoners to record raises some concerns, and his The Republican Senate majority re- proceed, but wrote that, if precedent answers to my written questions on fused for over 4 years to consider Presi- had allowed, he would have dismissed some of these issues did little or noth- dent Clinton’s well-qualified nominee, those claims. Griffin authored the ing to assuage them. Helene White, to the Sixth Circuit. opinion in this class action brought by In particular, I am concerned about Judge White has served on the Michi- current and former prisoners who al- Judge McKeague’s decisions in a series gan Court of Appeals with Judge Grif- leged that the Michigan Department of of cases on environmental issues. In fin since 1993, and, prior to her success- Corrections denied them certain bene- Northwoods Wilderness Recovery v. ful election to that seat, served for fits on the basis of their HIV-positive United States Forest Serv., 323 F.3d 405 nearly 10 years as a trial judge, han- status. Although Judge Griffin held (6th Cir. 2003), Judge McKeague would dling a wide range of civil and criminal that the plaintiffs had stated a claim have allowed the U.S. Forest Service to cases. She was first nominated by for relief, his opinion makes clear that commence a harvesting project that al- President Clinton in January 1997, but he only ruled this way because he was lowed selective logging and clear-cut- the Republican-led Senate refused to bound to follow the precedent estab- ting in areas of Michigan’s upper pe- act on her nomination. She waited in lished in a recent case decided by his ninsula. The appellate court reversed vain for 1,454 days for a hearing, before Court. Moreover, he went on to urge him and found that the Forest Service President Bush withdrew her nomina- Congress to invalidate a unanimous had not adhered to a ‘‘statutorily man- tion in March 2001. It stands in con- Supreme Court decision, written by dated environmental analysis’’ prior to trast to the recent mantra from Repub- Justice Scalia, holding that the ADA approval of the project, which was licans that every judicial nominee is applies to State prisoners and prisons. dubbed ‘‘Rolling Thunder.’’ entitled to an up-or-down vote. He wrote, ‘‘While we follow Yeskey, we Sitting by designation on the Sixth President Clinton had also nomi- urge Congress to amend the ADA to ex- Circuit, Judge McKeague joined in an nated Kathleen McCree Lewis. She is clude prisoners from the class of per- opinion that permitted the Tennessee the daughter of a former Solicitor Gen- sons entitled to protection under the Valley Authority—TVA—broadly to in- eral of the United States and a former act.’’ terpret a clause of the National Envi- Sixth Circuit Judge. She was also In other cases, he has also articu- ronmental Policy Act in a way that passed over for hearings for years. No lated personal preferences that favor a would allow the TVA to conduct large- effort was made to accord her consider- narrow reading of the law, which would scale timber harvesting operations ation in the last 18 months of President limit individual rights and protections. without performing site-specific envi- Clinton’s term. The Republican double For example, in Wohlert Special Prod- ronmental assessments. This is the standard denied her the treatment they ucts v. Mich. Employment Security case of Help Alert Western Ky., Inc. v. now demand for every Bush nominee. Comm’n, he reversed the decision of Tenn. Valley Authority, 1999 U.S. App. Despite the flawed process that the Michigan Employment Security LEXIS 23759 (6th Cir. 1999). The major- brought us here, the Michigan Senators Commission and held that striking em- ity decision in this case permitted the understood that in recent weeks we ployees were not entitled to unemploy- TVA to determine that logging oper- found ourselves on the brink of a ter- ment benefits. The Michigan Supreme ations that covered 2,147 acres of land rible moment in the United States Sen- Court vacated part of Judge Griffin’s were ‘‘minor,’’ and thus fell under a ate when the majority leader would decision, noting that he had inappro- categorical exclusion to the environ- break the rules to change the rules in priately made his own findings of fact mental impact statement requirement. order to achieve the President’s goal of when ruling that the employees were The dissent in this case noted that the packing the courts. They understood not entitled to benefits. This case exclusion in the past had applied only the extreme tactics of the Republican raises concerns about Judge Griffin’s to truly ‘‘minor’’ activities, such as the majority. I applaud their sacrifice, and willingness to distort precedent to purchase or lease of transmission lines, hope that the President was listening reach the results he favors. construction of visitor reception cen- to the 14 other Senators who expressly In several other cases, Judge Griffin ters and onsite research. asked him in their memorandum of un- has gone out of his way to interject his Judge McKeague also dismissed a derstanding on nominations to engage conservative personal views into his suit brought by the Michigan Natural in real consultation with home State opinions. The appeals courts are the Resources Commission against the Senators. That is sound advice. courts of last resort in over 99 percent Manufacturer’s National Bank of De- In deference to the Michigan Sen- of all Federal cases and often decide troit, finding that the bank was not ators, I will no longer oppose these cases of first impression. If confirmed, liable for the costs of environmental confirmations. Still, there are issues Judge Griffin will have much greater cleanup at sites owned by a ‘‘troubled related to their records and views that latitude to be a conservative judicial borrower.’’ This is the case of Kelley ex trouble me. I hope that they will be activist. rel. Mich. Natural Resources Comm’n v. able to put any ideologies or pre- It is ironic that Judge Griffin’s fa- Tiscornia, 810 F. Supp. 901 (W.D. Mich. conceptions aside and rule fairly in all ther who, as Senator in 1968, launched 1993). The bank took over the property cases. the first filibuster of a Supreme Court from Auto Specialties Manufacturing

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12113 Company when it defaulted on its fore—where they will, presumably, this time, and used only public information. loans. The Natural Resources Commis- be deprived of the opportunity to observe There were other, better ways he could sion argued that the bank should be re- animals of the endangered species—is simply have made the same point, and it is too not enough to establish standing . . .. Such sponsible for taking over the cost of ‘‘some day’’ intention— without any descrip- bad he still cannot see that. cleanup because it held the property tion of concrete plans, or indeed, even any Under our Constitution, the Senate when the toxic spill occurred, but specification of when the some day will be— has an important role in the selection Judge McKeague disagreed. do not support a finding of the ‘‘actual or of our judiciary. The brilliant design of In Miron v. Menominee County, 795 F. imminent’’ injury that our cases require. our Founders established that the first Supp. 840 (W.D. Mich. 1992), Judge In concluding that ‘‘the allegations two branches of Government would McKeague rejected the efforts of a cit- contained in plaintiff’s first amended work together to equip the third izen who lived close to a landfill to re- complaint fail to establish an actual branch to serve as an independent arbi- quire the Federal Aviation Administra- injury because they do not include an ter of justice. As columnist George Will tion to enjoin landfill cleanup efforts allegation that plaintiff has specific once wrote: ‘‘A proper constitution dis- until an environmental impact state- plans to use the allegedly affected area tributes power among legislative, exec- ment regarding the efforts could be in the future,’’ Judge McKeague utive and judicial institutions so that prepared. The citizen contended that if seemed to ignore completely the de- the will of the majority can be meas- the statement were prepared, the inad- tailed fact description that Pape sub- ured, expressed in policy and, for the equacies of a State-sponsored cleanup mitted in his amendment complaint. protection of minorities, somewhat would be revealed and appropriate cor- The judge further asserted that there limited.’’ The structure of our Con- rective measures would be undertaken was no causal connection between the stitution and our own Senate rules of to minimize further environmental injury and the activity complained of, self-governance are designed to protect contamination and wetlands destruc- and that, in any case, the alleged in- minority rights and to encourage con- tion. Holding that the alleged environ- jury was not redressable by the suit. sensus. Despite the razor-thin margin mental injuries were ‘‘remote and spec- On another important topic, that of of recent elections, the majority party ulative,’’ Judge McKeague denied the the scheme of enforcing the civil and has never acted in a measured way but requested injunctive relief. constitutional rights of institutional- in complete disregard for the traditions In Pape v. U.S. Army Corps of Engi- ized persons, I am concerned about one of bipartisanship that are the hallmark neers, 1998 U.S. Dist. LEXIS 9253 (W.D. of Judge McKeague’s decisions. In 1994, of the Senate. It acted to ignore prece- Mich.), Judge McKeague seems to have in United States v. Michigan, 868 F. dents and reinterpret longstanding ignored relevant facts in order to pre- Supp. 890 (W.D. Mi. 1994), he refused to rules to its advantage, but fortunately vent citizen enforcement of environ- allow the Department of Justice access its attempt to eliminate the voice of mental protections. Dale Pape, a pri- to Michigan prisons in the course of its the minority entirely failed because of vate citizen and wildlife photographer, investigation into some now notorious the efforts of well-meaning and fair- sued the U.S. Corps of Army Engineers claims of sexual abuse of women pris- minded Senators. Two more well-mean- under the Federal Resource Conserva- oners by guards undermines the long- ing and fair-minded Senators did their tion and Recovery Act of 1976 (RCRA), established system under the Constitu- part to save the Senate by clearing the alleging that the Corps mishandled tional Rights of Institutionalized Per- way for the confirmation of the two hazardous waste in violation of RCRA, sons Act or CRIPA. That act’s inves- nominees today. I hope that despite the destroying wildlife in a park near the tigative and enforcement regime is un- concerns I have expressed and others site. Despite the Supreme Court’s hold- workable if the Department of Justice that may emerge during this debate, ing in Lujan v. Defenders of Wildlife is denied access to State prisons to de- once confirmed Judge Griffin and that ‘‘the desire to use or observe an termine if enough evidence exists to Judge McKeague will fulfill their oath animal species, even for purely esthetic file suit, and Judge McKeague’s tor- and provide fair and impartial justice purposes, is undeniably a cognizable in- tured reasoning made it impossible for to all who come before them. terest for purpose of standing,’’ and the investigation to continue in his Mr. MCCONNELL. Mr. President, I even though RCRA specifically con- district. rise in support of the nominations of ferred the right for citizen suits I know that concern for the rights of David McKeague and Richard Griffin to against the government for failure to prisoners who have often committed the Sixth Circuit Court of Appeals. implement orders or to protect the en- horrendous criminal acts is not politi- The Sixth Circuit covers thirty mil- vironment or health and safety, Judge cally popular, but Congress enacted the lion people in Michigan, Ohio, Ten- McKeague dismissed the case, holding law and expected its statute and its nessee and my home State of Ken- that plaintiff lacked standing to sue. clear intent to be followed. It seems to tucky. For the last several years, the Judge McKeague found plaintiff’s me that Judge McKeague disregarded Sixth Circuit has been operating with complaint insufficient on several legislative history and the clear intent at least one-fourth of its 16 seats grounds, in particular plaintiff’s inabil- of the law, and that sort of judging is empty. This 25 percent vacancy rate is ity to establish which site specifically of concern to me. the highest vacancy rate among Fed- he would visit in the future. Plaintiff Finally, I must express my profound eral circuit courts. The Administrative had stated in his complaint that he disappointment in his answer to a Office of the Courts has declared all ‘‘has visited the ‘area around’ the question I sent him about a presen- four of these empty seats to be ‘‘judi- RACO site ‘at least five times per year’ tation he made in the Fall of 2000, cial emergencies.’’ and that he has made plans to vacation when he made what I judged to be inap- Because of this high vacancy rate, in ‘Soldiers Park’ located ‘near’ the propriate and insensitive comments the Sixth Circuit has been operating RACO site in early October 1998, where about the health and well-being of sit- under a crushing caseload burden and he plans to spend his time ‘fishing, ca- ting Supreme Court Justices. In a has been the slowest circuit in the Na- noeing, and photographing the area.’ ’’ speech to a law school audience about tion. According to the AOC, last year— Comparing Pape’s testimony with that the impact of the 2000 elections on the like the year before it—the Sixth Cir- of the Lujan plaintiff, who had failed to courts, Judge McKeague discussed the cuit was a full 60 percent behind the win standing after he presented general possibility of vacancies on the Court national average. In 2004, the national facts about prior visits and an intent over the following year. In doing so he average for disposing of an appeal in to visit in the future, Judge McKeague felt it necessary to not only refer to— the Federal circuit courts was 10.5 rejected Pape’s complaint as too specu- but to make a chart of—the Justices’ months. But in the Sixth Circuit, it lative, based on the Court’s holding in particular health problems, and ghoul- took almost 17 months to decide an ap- Lujan that: ishly focus on their life expectancy by peal. For your average litigant, that [Plaintiffs’] profession of an ‘‘intent’’ to re- highlighting their ages. He says he means in other circuits, if you file your turn to the places [plaintiffs] had visited be- does not believe he was disrespectful, appeal at the beginning of the year,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12114 CONGRESSIONAL RECORD—SENATE June 9, 2005 you get your decision around Hal- Article II, section 2 of the Constitu- The President nominated Judge loween. But in the Sixth Circuit, if you tion clearly provides that the Presi- McKeague on November 8, 2001, and file your appeal at the same time, you dent, and the President alone, nomi- Judge Griffin on June 26, 2002. get your decision after the following nates judges. It then adds that the Sen- Judge Griffin has extensive experi- Memorial Day—over a half year later. ate is to provide its advice and consent ence as a practicing attorney. He has Mr. President, you know the old say- to the nominations that the President appeared before the Federal district ing that ‘‘justice delayed is justice de- has made. By tradition, the President courts in Michigan and before the nied.’’ Well, the 30 million residents of may consult with Senators. But the Sixth Circuit Court of Appeals. the Sixth Circuit have been denied jus- tradition of ‘‘consultation’’ does not He also has served with distinction as tice due to the continued obstruction transform individual Senators into co- a State court judge for well over a dec- of Michigan nominees by my Democrat presidents. We have elections for that, ade. As an appellate judge, he wrote colleagues. What is the reason for this and President Bush has won the last over 280 published opinions and heard sorry state of affairs? An intra-delega- two. thousands of criminal and civil cases. tion spat in the Michigan delegation Fortunately, it appears our friends He enjoys bipartisan support from his from years ago—when a quarter of the from Michigan have reconsidered their colleagues. The chief judge of the current Senate was not even here. Nor, position. As a result, two fine jurists, Michigan Court of Appeals has called I might add, was the current President Judge Richard Griffin and Judge David Judge Griffin a ‘‘decisive scholarly around either. This dispute has dragged McKeague, will get up or down votes, judge with an instinct for the core on year after year. I do not know who and will be confirmed to the Sixth Cir- issues and with a flair for authoring started it. cuit Court of Appeals. All residents of crisp understandable opinions.’’ My colleagues from Michigan cite the Sixth Circuit will benefit from Judge Griffin has been waiting nearly Clinton nominees to the Sixth Circuit their service on that court. We should 3 years for a fair up or down vote. It is who did not receive hearings. Other all be thankful for that. time to give him that courtesy. It is Mr. FRIST. Mr. President, before the people note that our colleagues from time to vote. recess, the Senate confirmed Priscilla Michigan do not have a monopoly on Judge David McKeague, likewise, is a Owen to the Fifth Circuit Court of Ap- disappointment. They point to Michi- peals. Yesterday, we confirmed Janice highly regarded jurist. In 1992, the Sen- gan nominees from President George Rogers Brown to the DC Circuit. And ate voted unanimously to confirm him Herbert Walker Bush, such as Henry earlier today, William Pryor was con- to serve on the U.S. District Court for Saad and John Smietanka, who did not firmed to serve on the Eleventh Circuit the Western District of Michigan. get hearings when Democrats con- Court of Apeals. Many of those same Senators who trolled the Senate Judiciary Com- All three of these judges had been confirmed Judge McKeague to the dis- mittee in the early 1990s. waiting for years to get an up-or-down trict court have been obstructing his Regardless of who started what and vote on the Senate floor. Until 2 weeks nomination to the appellate court for when, all the residents in the Sixth ago, all three of these nominees had over 3 years. Circuit have been suffering from the been blocked by partisan obstruc- Judge McKeague was also appointed refusal of our Democratic colleagues to tionist tactics. by Supreme Court Chief Justice allow these seats from Michigan to be In a few minutes, we will give Judge Rehnquist to serve on the Judicial Con- filled. Moreover, this obstruction has Richard Griffin and Judge David ference’s Committee on Defender Serv- been out of all proportion to any al- McKeague fair up or down votes. We ices and on the Federal Judicial Cen- leged grievance. Specifically, our col- are making progress on fulfilling our ter’s District Judges Education Com- leagues had been blocking four circuit constitutional duty to advise and con- mittee, which he chairs. court nominees from Michigan, as well sent. Those in the legal community who as three district court nominees from The judges before us now are nomi- have worked with Judge McKeague re- Michigan. But of these seven Michigan nees to the Sixth Circuit Court of Ap- spect him. One fellow attorney called vacancies that the Democrats had been peals—a circuit which includes Michi- him ‘‘a person of unquestioned honor refusing to let the Senate fill, five of gan, Ohio, Kentucky, and my home and integrity. Judge McKeague’s judg- the seats were not even involved in this State of Tennessee. It is a circuit that ments are sound, impartial, and dispute. President Clinton never nomi- desperately needs new judges. My cir- prompt.’’ nated anyone to the seat to which cur- cuit—the Sixth Circuit—has the high- Attorneys who have represented cli- rent nominee Henry Saad has been est vacancy rate and the slowest ap- ents before Judge McKeague say that nominated. The seat to which current peals process in the Nation. he is fair and ‘‘treats all litigants and nominee David McKeague has been For the last 3 years, the Sixth Cir- litigators with courtesy and respect’’ nominated did not even become vacant cuit has had the highest the vacancy and that ‘‘his rulings are well reasoned until the current Bush administration. rate for Federal judges in the Nation. with due regard for precedent and the And the three district court seats that Twenty five percent—4 out of 16—of its law.’’ are being blocked were not involved in seats are empty. All four have been de- Judge McKeague has been waiting the dispute either. So my friends from clared judicial emergencies. nearly 4 years for an up-or-down vote. These vacant judgeships have turned Michigan had been holding up one- It is time to give him that courtesy. It the Sixth Circuit into the slowest cir- fourth of an entire circuit in crisis, is time to vote. cuit in the country. Consider that the Judges Griffin and McKeague are along with three district court seats, national average for an appeal is about because of an internal dispute about 10 months. In the Sixth Circuit, it highly qualified individuals with exten- two seats, the genesis of which oc- takes almost 17. sive legal experience and bipartisan curred years ago. This situation is unfair to our con- support. Both have been rated ‘‘well What had my friends from Michigan stituents and unfair to the hard-work- qualified’’ by the American Bar Asso- been demanding in order to lift this ing judges who labor under increas- ciation, the highest rating possible. blockade? They had wanted to pick cir- ingly heavy caseloads. It is only because of partisan ob- cuit court appointments. Mr. Presi- Judicial obstruction has been delay- struction that they have not received a dent, let us get back to first principles. ing and denying justice to the 30 mil- fair vote. Justice has been delayed be- As much as they would like to, Demo- lion people who live in the Sixth Cir- cause an up-or-down vote has been de- crat Senators do not get to pick circuit cuit. It is time to end this judicial ob- nied. court judges in Republican administra- struction and fill these seats with I hope things are changing in the tions. For that matter, Republican qualified judges. Senate. I am pleased that with today’s Senators do not get to pick circuit I would like to comment briefly on votes the Senate is continuing to move court judges in Republican administra- the backgrounds of Judges McKeague forward to embrace the principle of fair tions. and Griffin. up or down votes on judicial nominees.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12115 I urge my colleagues to join me to fice it to say, they are very well quali- States Circuit Judge for the Sixth Cir- vote to confirm Judge Griffin and fied, and the Sixth Circuit is in a state cuit? On this question, the yeas and Judge McKeague to the Federal appeals of crisis, and it will help the adminis- nays have been ordered. The clerk will court. tration of justice to have these nomi- call the roll. Mr. President, for the information of nees confirmed. The legislative clerk called the roll. our colleagues, we plan on beginning Mr. President, I believe we are ready Mr. MCCONNELL. The following Sen- the votes—there will be two votes—in to vote. ators were necessarily absent: the Sen- about 5 minutes. I know a number of VOTE ON NOMINATION OF RICHARD A. GRIFFIN ator from Tennessee (Mr. ALEXANDER), people are in meetings and around the The PRESIDING OFFICER. The and the Senator from Alaska (Ms. MUR- Hill, but I want to notify them that we question is, Will the Senate advise and KOWSKI). will begin voting at 4:55, in about 5 consent to the nomination of Richard Further, if present and voting, the minutes. A. Griffin, of Michigan, to be United Senator from Tennessee (Mr. ALEX- Mr. LEAHY. Mr. President, with the States Circuit Judge for the Sixth Cir- ANDER) would have voted ‘‘yea.’’ leader on the floor, have the yeas and cuit? The yeas and nays have been or- Mr. DURBIN. I announce that the nays been ordered on these two nomi- dered. The clerk will call the roll. Senator from Delaware (Mr. BIDEN), nees? The assistant legislative clerk called and the Senator from Vermont (Mr. The PRESIDING OFFICER. They the roll. JEFFORDS), are necessarily absent. have not. Mr. MCCONNELL. The following Sen- I further announce that if present Mr. LEAHY. Mr. President, I ask ators were necessarily absent: the Sen- and voting, the Senator from Delaware unanimous consent that it be in order ator from Tennessee (Mr. ALEXANDER) (Mr. BIDEN) would vote ‘‘yea.’’ at this time to ask for the yeas and and the Senator from Alaska (Ms. MUR- The PRESIDING OFFICER (Mr. nays on both nominations. KOWSKI). CHAFEE). Are there any other Senators The PRESIDING OFFICER. Without Further, if present and voting, the in the Chamber desiring to vote? objection, it is so ordered. Senator from Tennessee (Mr. ALEX- The result was announced—yeas 96, Mr. LEAHY. Mr. President, I ask for ANDER) would have voted ‘‘yea.’’ nays 0, as follows: the yeas and nays. Mr. DURBIN. I announce that the [Rollcall Vote No. 135 Ex.] The PRESIDING OFFICER. Is there a Senator from Delaware (Mr. BIDEN), YEAS—96 EF sufficient second? the Senator from Vermont (Mr. J - Akaka Dole Martinez There appears to be a sufficient sec- FORDS), and the Senator from Illinois Allard Domenici McCain ond. (Mr. OBAMA) are necessarily absent. Allen Dorgan McConnell The yeas and nays were ordered. I further announce that, if present Baucus Durbin Mikulski Bayh Ensign Murray Mr. LEAHY. Mr. President, I know and voting, the Senator from Delaware Bennett Enzi Nelson (FL) the two Senators from Michigan sup- (Mr. BIDEN) would vote ‘‘yea.’’ Bingaman Feingold Nelson (NE) port both these nominees. They both The PRESIDING OFFICER (Mr. Bond Feinstein Obama returned positive blue slips, which is COLEMAN). Are there any other Sen- Boxer Frist Pryor Brownback Graham Reed one of the reasons they are moving so ators in the Chamber desiring to vote? Bunning Grassley Reid quickly. The result was announced—yeas 95, Burns Gregg Roberts As to when the time arrives that the nays 0, as follows: Burr Hagel Rockefeller Byrd Harkin Salazar leader wishes to begin the votes, I ask [Rollcall Vote No. 134 Ex.] Cantwell Hatch Santorum unanimous consent that at that time YEAS—95 Carper Hutchison Sarbanes the time on this side of the aisle be Akaka Dole Martinez Chafee Inhofe Schumer Chambliss Inouye Sessions yielded back, whether I am on the floor Allard Domenici McCain Clinton Isakson Shelby Allen Dorgan McConnell or not. Coburn Johnson Smith Baucus Durbin Mikulski Mr. FRIST. No objection. Bayh Ensign Cochran Kennedy Snowe Murray Coleman Kerry Specter The PRESIDING OFFICER. Without Bennett Enzi Nelson (FL) Bingaman Feingold Collins Kohl Stabenow objection, it is so ordered. Nelson (NE) Conrad Kyl Stevens Mr. FRIST. Mr. President, I under- Bond Feinstein Pryor Boxer Frist Cornyn Landrieu Sununu stand that all time will have been Reed Corzine Lautenberg Talent Brownback Graham Reid Bunning Grassley Craig Leahy Thomas yielded back and, therefore, we will be Roberts Burns Gregg Crapo Levin Thune starting the vote at 4:55 sharp. Rockefeller Burr Hagel Dayton Lieberman Vitter Salazar I suggest the absence of a quorum. Byrd Harkin DeMint Lincoln Voinovich Santorum The PRESIDING OFFICER. The Cantwell Hatch DeWine Lott Warner Sarbanes Carper Hutchison Dodd Lugar Wyden clerk will call the roll. Schumer The assistant legislative clerk pro- Chafee Inhofe NOT VOTING—4 Chambliss Inouye Sessions ceeded to call the roll. Clinton Isakson Shelby Alexander Jeffords Mr. SPECTER. Mr. President, I ask Coburn Johnson Smith Biden Murkowski unanimous consent that the order for Cochran Kennedy Snowe Specter The nomination was confirmed. the quorum call be rescinded. Coleman Kerry Collins Kohl Stabenow The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Conrad Kyl Stevens President will be immediately notified objection, it is so ordered. Cornyn Landrieu Sununu of the Senate’s action. Talent Mr. SPECTER. Mr. President, I know Corzine Lautenberg The majority leader. Craig Leahy Thomas our colleagues are anxious to vote. I Crapo Levin Thune f have put into the RECORD statements Dayton Lieberman Vitter in support of the nominations of Rich- DeMint Lincoln Voinovich ORDER OF PROCEDURE ard Allen Griffin to be a judge on the DeWine Lott Warner Mr. FRIST. Mr. President, pursuant Dodd Lugar Wyden Sixth Circuit Court of Appeals and to the order of May 24, I ask unani- David W. McKeague to be, similarly, a NOT VOTING—5 mous consent that at 2:30 p.m. on Mon- judge on the Sixth Circuit. It would Alexander Jeffords Obama day, June 13, the Senate proceed to the have been gratifying a couple of years Biden Murkowski Griffith nomination as provided under ago to have had this confirmation at The nomination was confirmed. the order; provided further that fol- that time, but it is good to have it now VOTE ON NOMINATION OF DAVID W. MCKEAGUE lowing the use or yielding back of rather than at some time in the future. The PRESIDING OFFICER. The time, the Senate resume legislative It would not serve any useful purpose question is, Will the Senate advise and session and the vote occur on the con- to go through the litany of reasons consent to the nomination of David W. firmation of the nomination at 10 a.m. these nominees have been held up. Suf- McKeague, of Michigan, to be a United on Tuesday, June 14.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12116 CONGRESSIONAL RECORD—SENATE June 9, 2005 The PRESIDING OFFICER. Without that we do not see an inspector general sands of people coming across our bor- objection, it is so ordered. report or a GAO report outlining some ders, entering this country illegally. Mr. FRIST. I ask unanimous consent function of that agency which simply A lot of other Americans wonder why that on Tuesday, immediately fol- is not working correctly. Today, there today there is so much happening in lowing the vote on the Griffith nomina- was a report where the inspector gen- the area of people coming into the tion, the Senate proceed to the consid- eral found that there were no backup country without us knowing what their eration of H.R. 6, the Energy bill; pro- computer systems within the Depart- purposes are or what their potential vided further that the chairman be rec- ment for some of the critical agencies threat is as individuals. There is con- ognized in order to offer the Senate-re- that are involved, but that is only one cern about our capacity to screen folks ported bill as a substitute amendment, of literally a stack of GAO and inspec- who are coming into this Nation who the amendment be agreed to and con- tor general reports which probably is 2 may have as one of their purposes to do sidered as original text for the purpose or 3 feet high. us harm. We need to strengthen our of further amendment. There is a lot to do in this agency. ability to stay on top of this situation. The PRESIDING OFFICER. Without Certainly, I congratulate the President There is significant concern about objection, it is so ordered. on bringing aboard Secretary Chertoff. what is happening within our ports and Mr. FRIST. I ask unanimous consent I know he is a hard-driving and com- whether we are putting in place sys- that at 6:30 p.m. on Monday, June 13, mitted individual, and I know he is tems which adequately review and give the Judiciary Committee be discharged going to try to put together programs us the capacity to address what might from further consideration of S. Res. 39 which will get that agency focused and be in a container in one of the hun- and the Senate proceed to its imme- functioning in a manner in which the dreds of thousands of containers that diate consideration. I further ask unan- American people expect. come into this country on a daily imous consent there be 3 hours for de- As we look at the agency, however, I basis. So this is an area of high pri- bate with the time equally divided and do think we have to be driven by a cer- ority. If this report is correct, it is controlled between Senators LANDRIEU tain theory or theme, a set of policies. very good that the President has de- and ALLEN or their designees, and upon The first is that we address threat first cided to put significant focus on the the use or yielding back of time, the and that we start with the highest issue of border security beyond what Senate proceed to a vote on the adop- threats as being the first threats which was obviously energy that was being tion of the resolution without inter- we should focus on. Of course, the high- put into that effort to begin with any- vening action or debate. I ask unani- est threats are weapons of mass de- way. mous consent that upon adoption, the struction coming into the country or There is no question there has been preamble then be agreed to, and the being developed in the country which significant effort in this area, but it motion to reconsider be laid upon the would be used against American citi- needs a lot more effort, and that brings table. zens. me to what we are planning to do with The PRESIDING OFFICER (Mr. ISAK- Those weapons involve things such as the appropriations bill. I want to lay SON) Without objection, it is so or- chemical or biological weapons or po- out a bit of a precursor to that bill so dered. tentially some sort of nuclear device. people will know what is coming and f So we must prepare ourselves and focus can anticipate it. that Department on making sure that Basically, what we intend to do is re- MORNING BUSINESS it is ready to deal with those types of orient, to the extent we can, funds Mr. FRIST. Mr. President, I ask threats. within the moneys we have available to unanimous consent there now be a pe- Some of the responsibility for mak- us for the Department of Homeland Se- riod of morning business with Senators ing ourselves adequately prepared in curity to focus on border security be- permitted to speak for up to 10 minutes the area, especially biologics, falls out- cause we consider that—or I happen to each. side the Department and falls with the consider—after we go below the weap- The PRESIDING OFFICER. Without CDC or HHS—the Health and Human ons of mass destruction issue, to be the objection, it is so ordered. Services Department—which have re- most significant area of need from the f sponsibility for developing vaccines. standpoint of protecting our national NIH, for example, National Institutes security and making sure that we are FUNDING FOR HOMELAND of Health, has the responsibility for able to manage our national security. SECURITY making sure that we are on course to Unfortunately, the proposal that Mr. GREGG. Mr. President, I rise to bring on line adequate responses should came up to us from the administration speak a little bit about the Department we be attacked with a biological weap- prior to this recent discussion which of Homeland Security. I have the good on such as anthrax, a plague or botu- occurred at the White House yesterday fortune to chair their appropriations lism. or the day before did not put the type committee, and we will be marking up The Department still has a huge role of resources or focus on that Depart- the appropriations bill relative to that in this area, and it obviously has a role ment that was necessary within the agency next week, hopefully, if we can in the nuclear area of detection and context of the entire Homeland Secu- straighten out the proper allocations making sure that we are ready to try rity Department. As a result, in order for funding within the budget, which I to anticipate and stop a weapon of that to accomplish that within the dollars expect to happen today under the lead- sort. Below that level of addressing the we have—and the dollars are going to ership of Chairman COCHRAN. weapons of mass destruction issues, we be fairly significant because the chair- The Homeland Security Department have to look at the other areas of man of the Appropriations Committee, is a big one because, of course, this threat and how we as a government are I believe, has stated not publicly yet goes to the essence of how we protect structured to handle it. but has at least implied that he intends ourselves as a nation, how we make There was a report today that the to fund aggressively this activity of sure that we are ready should we be at- President of the United States, in a the Federal Government because he un- tacked, and how we, hopefully, make it meeting with the leadership of the derstands the importance of the secu- possible for us to avoid such an attack. House at least, and maybe the Senate, rity of our Nation. He used to be chair- Regrettably, the Department of Home- said that he thought we should be fo- man of this subcommittee and cer- land Security has been thrown to- cusing on border security as a priority tainly knows its needs. So he is going gether and has had some problems as it in the area of maintaining our security to give us an allocation which is fairly has tried to shake out in the post-9/11 as a nation. I think that is absolutely significant. Within that allocation we world. true. Most Americans today wonder do intend to reform and restructure so In fact, the problems have been so ex- why there are still literally tens of that we are putting more money into treme that almost a day does not go by thousands, maybe hundreds of thou- homeland security.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12117 That is going to mean that other ac- We are going to try again. The Bor- and turned themselves in to them. counts we might want to have funded der Patrol told us the number they They were taken into some form of at a higher level are not going to be think they can train up in a year. We custody, placed in some form of trans- funded at quite so high a level. We are are going to give them more training portation, transported further into the going to set priorities. My view of how capacity so in later years we can train country, and then released on their we fund the issue of protecting our na- more people. We are going to put in own recognizance. Of the 8,908 notices tional security is that we address the pay scales—we already have—that will to appear that the immigration court issue of threat, pick the highest threat, make it a more attractive job. And we in Harlington issued to non-Mexicans, and fund responses to that threat. are going to start to hire people who 8,767 of them never showed up when After the issue of weapons of mass de- can do the job effectively at fairly sig- they were supposed to come to court. struction, the highest threat is our nificant numbers. First, I would note there are a lot of failure to manage our borders; thus, we On top of that, we have to do other people other than our Mexican neigh- are going to put more money into that. things. There is within the Department bors who are coming across that bor- That means we will have to take of Homeland Security a program called der. Second, there were some plans to money from accounts which are not US-VISIT, about which I have serious expedite removal to these other coun- necessarily going to make those folks misgivings. It is a massive computer tries, which is somewhat difficult. happy in those accounts, but it is nec- undertaking. I have seen these before Maybe one-fifth of these are being han- essary if we are going to adequately in other agencies and my sense is this dled in the more expedited and effec- fund this area. computer initiative is not going well tive way. But I wanted to share that It is a two-step effort, really. First, and is not evolving the software and with the Senator. I ask if he thought we have to put on the border the nec- hardware capabilities necessary. We the committee would be responsive to essary capability to have a reasonable are going to try to focus on that and requests from the Administration to review of who is coming into the coun- hopefully turn that corner so that pro- fund those expedited programs, because try and what is coming into the coun- gram will in the end be an asset, so we what we are doing now is not effective try. Today, we do not have that capac- ity. Within that effort we need to have will know who is coming in the coun- at all. Mr. GREGG. The Senator from Ala- not only people, but we need to have try. There is other work we need to do. bama has pointed to one of the many infrastructure in the form of tech- We need to increase the number of de- anecdotal but glaringly difficult in- nology capability and in the form of tention beds. We need to increase the stances that should cause us all con- physical plant capability. Secondly, we have to have a program number of people who are doing the cern. We are hearing anecdotal infor- in place as a nation which does not cre- prosecution of detainees. We need to mation that the Border Patrol is find- ate an incentive for people to come increase the capability, the physical ing material that is clearly written in into the country illegally. That gets plant capacity of the Border Patrol and Arabic, and is clearly Islamic fun- into this whole question of guest work- the Immigration and Customs officers. damentalist, at the border. People have er. My Appropriations Committee may We need a lot of physical plant and left it there or it has been left behind not have that jurisdiction. We would people and technology and we are going by people coming across the border, it love to have that jurisdiction. We have to take from other accounts to try to appears. So that is obviously an ex- it marginally, but that is an author- accomplish that as we move this Home- treme concern. izing exercise, and maybe it will be de- land Security bill forward. But your story reflects the fact that bated on this bill. But, in any event, we I am putting people on notice that these borders are simply not controlled are going to focus on that first part this is the direction we are going. It is and we don’t have the capacity to han- where we do have jurisdiction, which is my opinion as we move this bill across dle the people when we do catch them. we are going to significantly tool up the floor there should be and will be a That is going to take a rethinking of our physical and personnel capabilities lot of interest in this area because se- the effort. It is going to take a lot of and our technology capabilities in curing our borders is, as the President resources. As we move forward as a order to try to address border security has stated at least indirectly, through Congress, we have to think about: Are at the first level, which is a question of hearsay as presented by the leadership we putting too many resources in other having the people and the resources on of the House, a priority on which it is accounts when we should be focusing the borders, in the ports, in order to ef- time we focused like a laser beam and on the border? I will take two exam- fectively manage our borders. took some action. ples. This is not an overnight event. This Mr. SESSIONS. Will the Senator One is TSA, our transportation secu- has been attempted before and it has yield for a question? rity, which we see in our airports. How been singularly unsuccessful. When I Mr. GREGG. I am happy to yield to many people can we afford there versus had responsibility for Immigration and the Senator from Alabama for a ques- the border? The first responder funds Border Patrol in the prior committee tion, or I will yield the floor. that are going out not necessarily on that was moved over from the Justice Mr. SESSIONS. I am very pleased the the basis of threat but on the basis of Department when they had the Justice Senator from New Hampshire, Mr. formula, can we afford that in light of Department responsibility moved over GREGG, is chairing this important com- the fact we have a threat, which is the to Homeland Security, we were in the mittee. He has had a large number of border, or should we take another look midst of trying to gear up the number years of intense interest in improving at other approaches to funding a sig- of Border Patrol agents and we made a homeland security. nificant increase in the border security commitment to add literally thousands I am not sure he is aware, but yester- effort? of Border Patrol agents over a series of day there was a hearing in the Judici- I look forward to working with the years. Unfortunately, the Border Pa- ary Committee on the Joint Terrorism members of the Judiciary Committee. trol first was not able to recruit the Subcommittee and the Immigration Our role is the money role. We look to people at the price we were willing to Subcommittee. It dealt with people you folks to give us the authorizing pay them because the people were re- coming into the country illegally, peo- leadership, which I know you have in quired to be bilingual and actually had ple who were other than Mexicans, on the past. You certainly have and cer- talents that in the marketplace could the Mexican border. The story, as de- tainly other members in your com- command more than we were willing to scribed by a reporter in a newspaper ar- mittee are leaders in this area. We look pay them, and second, we did not have ticle of early May, said that a group— forward to any ideas or thoughts you the training facilities, so we ended up for example, in this case 20 from have which you want to bring forward. never reaching the increase in numbers Brazil—came across the border, looked I do think on this bill we should have of Border Patrol we need in order to ef- for the Immigration Border Patrol peo- a fairly open and substantive debate as fectively address the border. ple, and immediately went up to them to how we are going to move forward

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12118 CONGRESSIONAL RECORD—SENATE June 9, 2005 on the issue of border security. Clearly Compensation Fund, providing assist- legislation related to aviation, border, port the White House is committed to this. ance to victims and their families dur- and transportation security, and intelligence It is going to take resources. ing an unimaginably difficult time. I reform. Mr. SESSIONS. I thank the Senator, was pleased to work with my col- Our Final Report on the September 11th Victim Compensation Fund follows the for- also the Chair of the Budget Com- leagues to create this needed resource mat of ‘‘Final Report of the Special Master mittee. He answered very well when he for the families of this national trag- for the September 11th Victim Compensation said we can’t always fund the new edy. The families of victims that died Fund of 2001.’’ Just as the Special Master’s things we want to do by pumping new in the September 11 attacks also came Final Report provides the perspective of the money into them. Sometimes we need together and created their own non- administrator of the Fund, our Report gives to ask ourselves if there is not some profit organization, Families of Sep- voice to those victims and family members money being spent in a way that is less tember 11. who participated in the Fund as well as useful, and utilize that money where Although no amount of compensation those who elected not to. Although much of our report serves as counterpoint to the Spe- we have to utilize it. can replace a lost loved one, Families of September 11 and Ken Feinberg, the cial Master’s observations and conclusions, I am proud to serve with him on that we agree with much of what is said in his re- Budget Committee. Special Master in charge of overseeing port and our Report should be read with an f the Fund, worked diligently to improve acknowledgement that the Special Master the rules governing the September 11 was asked to and did construct a program in THE TEACHER EXCELLENCE FOR Victim Compensation Fund, to give the extremely difficult circumstances. The ena- ALL CHILDREN ACT OF 2005 victims and their families more flexi- bling legislation that created the Fund was Mr. DURBIN. Mr. President, good bility and to provide information to hastily crafted, imprecise in significant teachers lead to good students. In fact, victims and their families about how ways, and sometimes internally incon- sistent. The Special Master was faced not recent evidence suggests that providing and where they could find support. Working together, Mr. Feinberg and only with the uncertain nature of the legis- great teachers may be the single most lation, but with a host of other competing important thing that we can do to give Families of September 11 reached out influences: e.g., the enormity of the losses, our children the good education they to the victims and their families to emotionally overwhelmed victims and fami- deserve. make sure they understood their rights lies, a stunned public, and conflicting com- Most of our teachers are hard- and to assist them in filing their pensation policy ideologies. The Special working, selfless, and dedicated to claims. This task was made all the Master and those who worked with him de- helping our children learn. We are ask- more difficult because many victims serve great credit for their tireless and de- voted work under these daunting cir- ing them for more, however. We con- and survivors of those terrorist attacks had to confront the logistical burden cumstances, particularly in the administra- tinue to demand that our teachers de- tion of the Fund after promulgation by the velop greater subject matter expertise, and emotional pain of filing a death or Department of Justice of the Final Rules. but we have yet to figure out how to injury claim. In many respects, the Fund was a success. help teachers learn while they are still Last October, Mr. Feinberg sub- Much of this success was due to the efforts of needed in the classroom full time. In mitted to the Department of Justice a the Special Master and his staff in meeting addition, to meet growing student need final report summarizing the accom- with individual family members, dem- we will need to bring over 2 million plishments and work of the September onstrating flexibility where possible in mak- 11 Victim Compensation Fund. While ing determinations of awards, and expressing new teachers into our public schools compassion for family members in the proc- over the next decade. the September 11 Victim Compensation Fund has reached its final deadline, ess. But, the Special Master’s view, ex- We must attract, develop, and retain pressed in the introduction to his Final Re- as many talented teachers as we can Families of September 11 continues its port, that ‘‘the Fund was an unqualified suc- muster. We must act now to begin mission, including supporting legisla- cess’’ is not shared by many who partici- meeting this critical national crisis. tion on security and intelligence re- pated in the Fund and most of those who did That is why I am proud to introduce form. This week, Families of Septem- not. The options available to the victims and with Senator KENNEDY the Teacher Ex- ber 11 also submitted a final report to families of September 11 were substantially cellence For All Children Act of 2005. the Department of Justice, sharing the impaired by the Victim Compensation Act and subsequent legislation. Lawsuits were The TEACH Act provides financial in- experiences of the victims and their families, including those who chose not confined to a narrow population of poten- centives to attract and retain our best tially responsible parties whose liability ex- teachers and principals. The TEACH to participate in the September 11 Vic- posure was limited to available and inad- Act helps schools recognize and reward tim Compensation Fund. The report in equate insurance (e.g., the airlines). Evi- the best teachers. The TEACH Act en- its entirety may be read at http:// dence for use in litigation was sure to be (has courages good teachers to work in the www.familiesofseptember11.org. been) compromised by government interven- schools that need good teachers the Mr. President, I ask that a copy of tion (e.g., assertions of national security and most, and it also encourages teachers the Executive Summary of this report criminal prosecution grounds for non-disclo- be in the RECORD for lawmakers and sure). Families were, thus, faced with a Hob- to specialize in the subjects which need son’s choice and for most the Fund was the the most teachers. Finally, the TEACH the public to review. There being no objection, the mate- better one. Act helps new teachers transition into In December 2004, Families of September 11 the classroom, it helps veteran teach- rial was ordered to be printed in the conducted a Web-based survey of its mem- ers keep their skills sharp, and it at- RECORD, as follows: bers consisting of fourteen questions and an tracts talented new principals into our EXECUTIVE SUMMARY: FINAL REPORT OF FAMI- opportunity to make narrative comments de- LIES OF SEPTEMBER 11 ON THE SEPTEMBER schools. signed to elicit information that might be 11TH VICTIM COMPENSATION FUND OF 2001 Developing great teachers takes helpful in assessing whether there should be Families of September 11 is a nonprofit or- a compensation mechanism in place before time, but this is an investment that we ganization founded in October 2001 by fami- another terrorist attack occurs. One hundred as a nation must make. I therefore en- lies of those who died in the September 11 forty-four (144) members responded. Though courage my colleagues to support the terrorist attacks. We gather and disseminate not designed to conform with scientifically TEACH Act now. Our children deserve helpful information, refer victims’ families, reliable protocols, the results are of interest nothing less. survivors, and others affected by the events and are included in our Report. of 9/11 to assistance providers, offer online Much of the Special Master’s report is de- f chat sessions, and address such issues as vic- voted to efforts made by him and his staff to FAMILIES OF SEPTEMBER 11’S tims’ assistance, methods of response to assure that families could obtain detailed in- FINAL REPORT trauma from terrorist attacks, and the ef- formation about their likely recovery from fects of terrorism on children. We support the Fund and assist families in the process. Mr. LEAHY. Mr. President, less than public policies that effectively respond to Although our Report applauds him for these 2 weeks after the horrific events of the threat of terrorism, including support for efforts, it points out that had there been pre- September 11, Congress passed a law to the 9/11 Commission Recommendations, de- existing comprehensive legislation in place, establish the September 11 Victim velopment of appropriate agency procedures, the Special Master’s extraordinary efforts to

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12119 educate potential participants about and as- LOCAL LAW ENFORCEMENT resulting data revealed that adoles- sist them with the Fund would not have been ENHANCEMENT ACT OF 2005 cents who were exposed to gun violence necessary and the enormous anxiety created Mr. SMITH. Mr. President, I rise were more than twice as likely to carry by the uncertainties surrounding the Fund out violent acts within the following would have been avoided. today to speak about the need for hate The regulations promulgated by the De- crimes legislation. Each Congress, Sen- two years. partment of Justice established ‘‘grid’’ ator KENNEDY and I introduce hate Describing the results of his study, awards with ‘‘extraordinary circumstances’’ crimes legislation that would add new Mr. Bingenheimer stated, ‘‘The pri- thresholds of proof to overcome them and no categories to current hate crimes law, mary implication of these findings is review process. Claimants were accustomed sending a signal that violence of any that violence can be transmitted from to the very different and more substantial kind is unacceptable in our society. person to person by means of exposure notions of ‘‘hearings’’ and ‘‘due process’’ em- in the community. This makes the ‘epi- bedded in our legal culture and were left dis- Likewise, each Congress I have come to the floor to highlight a separate hate demic of violence’ metaphor seem par- appointed and uncomfortable by the Fund ticularly apt, and is consistent with so- design. Mr. Feinberg and his staff should, crime that has occurred in our coun- however, receive high marks for the way try. ciological theories of violent crime as a they played the cards dealt them. A gay White male was severely beat- contagious social process.’’ The victims and their families were faced en and sent to the hospital by two men While Congress cannot simply legis- with enormous uncertainty in the weeks and in a Columbus gay bar. The victim and late an end to the gun violence epi- months following September 11, 2001, during a friend noticed the men in the bar demic, we can do more to support local which the Department of Justice promul- when they arrived. At the end of the law enforcement officials as they work gated regulations and the Special Master de- evening the two males started calling to prevent gun violence in our commu- veloped claims handling procedures. It is nities. One important program, known this uncertainty that Families of September the victim various derogatory names, 11 believes must be eliminated by enactment and pushed him out of the bar. Once as COPS, was created by President of forward-looking legislation. The victims outside, the men continued to beat the Clinton in 1994 to assist State and local of future terrorist attacks will need to go on victim, using liquor bottles. Since the law enforcement agencies in hiring ad- living, as have the victims of the September beating, the victim has had his tires ditional police officers to reduce crime 11 attacks and should have the comfort of slashed and received a letter in his through the use of community polic- knowing immediately after a terrorist event mailbox telling him to ‘watch his ing. Nationwide, the COPS program occurs that they have rights to compensa- back.’ A police report was filed, but no has awarded more than $11 billion in tion sufficient to allow them to do so and a grants, resulting in the hiring of 118,000 clear and certain path to obtaining those arrests have been made. rights. I believe that the Government’s first additional police officers. Unfortu- Issues of accountability and responsibility duty is to defend its citizens, to defend nately, authorization for the COPS by those in the chain of causation linked to them against the harms that come out program was permitted to expire at the the injuries and deaths on September 11, of hate. The Local Law Enforcement end of fiscal year 2000. Although the 2001, and the suffering that followed are of Enhancement Act is a symbol that can program has survived through contin- great importance to the survivors of the at- become substance. I believe that by ued annual appropriations, its funding tacks. The Fund, its enabling legislation, passing this legislation and changing has been significantly cut. I am a co- and related congressional and administrative sponsor of the COPS Reauthorization actions had the effect of limiting that ac- current law, we can change hearts and countability and responsibility. Our Report minds as well. Act which would continue the COPS expresses concern that this model tends to f program for another 6 years at a fund- increase the risk of future terrorist attacks ing level of $1.15 billion per year, near- and needs to be reassessed and remedied. BREAKING THE CYCLE OF GUN ly double the amount appropriated for The Special Master made determinations VIOLENCE fiscal year 2005. Among other things, on 7,403 claims completing its work by the Mr. LEVIN. Mr. President, I would this funding would allow State and statutory deadline in June 2004. Congress like to bring the results of a recent local governments to hire an additional now has the benefit of more than 11,000 com- study on gun violence by a University 50,000 police officers. Having more offi- ments made to the Justice Department dur- ing the rule-making process; the comments of Michigan researcher to the attention cers on our streets helps to deter gun of the Special Master; the opinions of law- of my colleagues. The study found that violence and therefore reduces the yers, economists, academics, mental heath adolescents who are exposed to gun vi- chance that adolescents are exposed to professionals, victims and survivors of the olence are more likely to carry out se- such crimes. attacks; and the developing history of ter- rious acts of violence. In addition, Congress can make it rorism and its effects on our society. In its The study, completed by University more difficult for potential criminals report, Families of September 11 encourages of Michigan doctoral student Jeffrey to gain access to dangerous firearms. Congress and the Administration to: Bingenheimer, analyzed data from Under current law, when an individual a. Use the perspectives of time and experi- more than 1,500 adolescents. The par- buys a handgun from a licensed dealer, ence in implementation of the Victim Com- pensation Fund to consider carefully issues ticipants underwent a series of inter- there are federal requirements for a it was forced to address hastily in the imme- views over the course of several years background check to insure that the diate aftermath of the terrorist attacks of as part of the Project on Human Devel- purchaser is not prohibited by law from September 11, 2001; opment in Chicago Neighborhoods. purchasing or possessing a firearm. b. assess how well the rules adopted in 2002 Among other things, initial interviews However, this is not the case for all to implement the legislation met Congres- focused on exposure to firearm vio- gun purchases. For example, when an sional intent; lence, including being shot or shot at individual wants to buy a handgun c. consider the incentives and disincentives to reducing the risks of terrorist attacks im- or seeing someone else shot or shot at from another private citizen who is not plicit in the legislation; and within the previous year. Subsequent a licensed gun dealer, there is no re- d. fashion legislation that will reduce interviews were designed to uncover quirement that the seller ensure the those risks and ensure that victims of future whether the participant had engaged in purchaser is not in a prohibited cat- terrorist attacks and their families are made violent acts themselves. These acts of egory. This creates a loophole in the whole. violence were defined in the study as law, making it easy for criminals, ter- Copies of the ‘‘Final Report of Families of shooting at or shooting someone, being rorists, and other prohibited buyers to September 11 on the September 11th Victim in a gang fight, attacking someone evade background checks and buy guns Compensation Fund of 2001’’ may be obtained by contacting Families of September 11 at with a weapon, or carrying a hidden from private citizens often at organized the address below or by going to its website weapon. Reportedly, 23 percent of those gun shows. This loophole creates a at www.familiesofseptember11.org. interviewed reported being exposed to gateway to the illegal market because Families of September 11, Inc., 1560 gun violence and 12 percent indicated criminals know they will not be sub- Broadway, Suite 305, New York, NY that they had carried out violent acts ject to a background check when pur- 10036, 212–575–1878. themselves. Statistical analysis of the chasing from another private citizen

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12120 CONGRESSIONAL RECORD—SENATE June 9, 2005 even at a gun show. It is important Paul Sinders began his career as an On behalf of the people of New Jer- that Congress close this ‘‘gun show educator in the fall of 1964 at the Clay sey, I express my sincere gratitude to loophole’’ to help stop the flow of dan- City Elementary School. He taught Judge Bissell for his many years of dis- gerous firearms to prohibited buyers fifth grade and moved to Clay City Jr./ tinguished service.∑ who may use them in violent crimes. Sr. High School the following year. f Much more can be done to break the This marked the beginning of a re- MOCK ELECTION BUT REAL cycle of gun violence that plagues markable career in which Paul served RESULTS many of our communities. I urge my the Clay community school system in colleagues to take up and pass common countless capacities. He taught ∑ Mr. CRAPO. Mr. President, as we sense legislation that will help to science, math, and health to the junior wind down from a Presidential election achieve this goal. high students before moving on to in- year and gear up for yet another cycle f struct health, physical education, and of congressional elections, it seems ap- propriate to take a moment and con- TRIBUTE TO SGT RUSSELL J. driver education classes in the high sider how important an educated elec- VERDUGO school. Additionally, he took time to coach the boys freshman and junior torate is to this country. It is the bed- Mr. GRASSLEY. Mr. President, varsity basketball teams, and rep- rock upon which our Founding Fathers today I rise in honor of a fallen soldier resented the school as athletic director built a fledgling government, creating who has paid the highest price in de- and guidance director. In 1977, Paul a Constitution that functions with pro- fense our freedom, SSG Russell J. took the reigns as principal of Clay tean efficiency—inextricably bound to Verdugo of the 767th Ordnance Com- City Jr./Sr. High School. the necessity of knowledgeable and pany died on the 23rd of May, 2005 in For the past 28 years Paul has civic-minded citizens. I am proud to Baghdad, Iraq when an improvised ex- worked extremely long hours over- make public mention of the Moscow, plosive device detonated as he was re- seeing the operations of Clay City High ID, chapter of the League of Women sponding to a call to dismantle the School. In 1992, he was selected as the Voters, which has won an award from bomb. I would like to take this mo- Principal of the Year in the IASP Dis- the League of Women Voters of the ment to salute his patriotism and his trict 8. In addition, he served as presi- United States for its efforts to educate sacrifice. dent of the Indiana Association of future voters in north Idaho. Russell Verdugo deserves the highest School Principals of District 8 in 1994– The League of Women Voters pro- gratitude of this body and the entire 1995. Currently, Paul is on the board of motes a mock election program Nation. His sacrifice reminds us that directors for the Clay County Commu- through its State and local chapters freedom is so precious because of its in- nity Foundation and the Wabash Val- across the Nation. The Moscow chapter credibly high cost. My prayers go out ley Youth for Christ. He is on the advi- conducted what can only be described to his mother, Susan Stanley, and his sory board for the Clay City Center for as a phenomenal month-long series of wife, Kari, who grieve the loss of a son Family Medicine and is a Support events and outreach that culminated in and a husband and to all of the family, Committee Member for the Clay City late October in the most successful friends, and neighbors who are touched Area Youth for Christ. He is a member ‘‘mock election’’ in Idaho and one of by his passing. I ask my colleagues to of the Indiana Association of School the top in the Nation. They were able join me in remembering Sergeant Principals and Phi Delta Kappa. to register and have almost 2900 first Verdugo. The love of country and the Throughout his illustrious career, through twelfth-graders in the Moscow dedication to service shared by many Paul has been blessed with the con- area vote. And I am relieved to add of it citizens is the great strength of sistent support of his wife, Shari, and that I was reelected by these young our Nation, and we can all be very his children: Annette Ream, Chip people. proud of patriots such as Russell Sinders, Natalie Wolfe, Bethany The chapter worked to bring together Verdugo. Stoelting, and Justin Sinders. I join his local, county, and State officials, f family, friends, and colleagues now in teachers, parents, and volunteers to NOMINATION OF ALICE S. FISHER adding my blessing as he embarks on provide these students with a com- prehensive and highly educational elec- Mr. GRASSLEY. Mr. President, I this new chapter in his life. tion experience. The students were have notified Senate leadership of my f given issues ballots, information about intent to object to any unanimous con- COMMENDING CHIEF JUDGE JOHN the candidates, Web site curriculum, sent request relating to the nomina- W. BISSELL, U.S. DISTRICT sample ballots and had to abide by all tion of Alice S. Fisher to the position COURT, DISTRICT OF NEW JER- of the State voting laws. Students were of Assistant Attorney General. This ac- SEY taught their voting rights under the tion has nothing to do with Ms. Fisher ∑ Mr. CORZINE. Mr. President, I ex- Help America Vote Act, and the overall or her qualifications for the position to press my sincere appreciation to Chief efforts were so successful that the which she has been nominated. I have Judge John W. Bissell for his more League of Women Voters of Idaho and taken this action because there are a than 20 years of outstanding service as the Idaho Secretary of State’s office number of outstanding issues regarding a Federal District Court Judge in New asked them to share their mock elec- the activities and operation of the Jus- Jersey. He is a truly distinguished ju- tion handbook for instruction and use tice Department that should be re- rist who represents the best of the New by other organizations in the State. solved before considering this nomina- Jersey legal community. Judge Bissell The Moscow chapter went above and tion. I am hopeful that, with the co- has a depth of experience and a knowl- beyond in its outreach efforts, bringing operation of the Justice Department, edge of both civil and criminal law that in students from an alternative high these issues can be resolved shortly. few can rival. He also has a keen legal school and made voting accessible for f mind and a compassionate under- handicapped students under Americans ADDITIONAL STATEMENTS standing of people. Judge Bissell ap- For Disabilities Act laws. In the suc- proaches each and every case before cessful aftermath, the effect has been him with thoughtfulness and care. In- felt throughout the community as pri- HONORING THE RETIREMENT OF deed, he has excelled because of his vate schools and home-schooling par- PAUL SINDERS deep appreciation that every case, no ents have expressed interest in becom- ∑ Mr. LUGAR. Mr. President, I rise matter how small, matters greatly to ing involved in the future. Even more today to inform my colleagues of the all those who appear before him. And I noteworthy, although parents were not retirement of a fixture of Clay city believe that it is this understanding required to participate, more parents schools for the past 41 years and faith- that has made Judge Bissell an out- volunteered than in past years, and it ful friend, Mr. Paul Sinders. standing Federal District Court Judge. could be surmised that this ‘‘mock

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12121 election’’ contributed to the histori- H.R. 2744. An act making appropriations the Management Response for the period of cally high voter turnout in that area of for Agriculture, Rural Development, Food October 1, 2004 to March 31, 2005; to the Com- Idaho for the real elections in Novem- and Drug Administration, and Related Agen- mittee on Homeland Security and Govern- ber. cies for the fiscal year ending September 30, mental Affairs. 2006, and for other purposes; to the Com- EC–2522. A communication from the Sec- Thomas Jefferson said: ‘‘If a nation mittee on Appropriations. retary of Education, transmitting, pursuant expects to be ignorant and free, in a f to law, the Semiannual Report of the De- state of civilization, it expects what partment’s Inspector General for the period never was and never will be.’’ I con- MEASURES PLACED ON THE ending March 31, 2005; to the Committee on gratulate the outstanding efforts of the CALENDAR Homeland Security and Governmental Af- League of Women Voters of Moscow on The following bill was read the first fairs. its remarkable effort to reinforce civic EC–2523. A communication from the Senior and second times by unanimous con- Procurement Executive, National Aero- education and voter responsibility in sent, and placed on the calendar: ∑ nautics and Space Administration, General Idaho’s children. H.R. 6. An act to ensure jobs for our future Services Administration, transmitting, pur- f with secure, affordable, and reliable energy. suant to law, the report of a rule entitled MESSAGES FROM THE PRESIDENT f ‘‘Federal Acquisition Circular 2005–04; FAR Case 2003–008; Share-in-Savings Contracting’’ Messages from the President of the EXECUTIVE AND OTHER (RIN9000–AJ74) received on June 3, 2005; to United States were communicated to COMMUNICATIONS the Committee on Homeland Security and the Senate by Ms. Evans, one of his The following communications were Governmental Affairs. secretaries. laid before the Senate, together with EC–2524. A communication from the Acting Director, Division for Strategic Human Re- f accompanying papers, reports, and doc- sources Policy, Office of Personnel Manage- EXECUTIVE MESSAGES REFERRED uments, and were referred as indicated: ment, transmitting, pursuant to law, the re- As in executive session the Presiding EC–2513. A communication from the Senior port of a rule entitled ‘‘Prevailing Rate Sys- Vice President and Chief Financial Officer, tems; Redefinition of the San Francisco, CA, Officer laid before the Senate messages Potomac Electric Power Company, transmit- Nonappropriated Fund Wage Area’’ (RIN3206– from the President of the United ting, pursuant to law, the Company’s Bal- AK26) received on June 3, 2005; to the Com- States submitting sundry nominations ance Sheet as of December 31, 2004; to the mittee on Homeland Security and Govern- which were referred to the appropriate Committee on Homeland Security and Gov- mental Affairs. committees. ernmental Affairs. EC–2525. A communication from the Acting (The nominations received today are EC–2514. A communication from the Sec- Director, Division for Strategic Human Re- printed at the end of the Senate pro- retary of Energy, transmitting, pursuant to sources Policy, Office of Personnel Manage- ceedings.) law, the Semiannual Report prepared by the ment, transmitting, pursuant to law, the re- Department’s Office of Inspector General; to port of a rule entitled ‘‘Recruitment, Reloca- f the Committee on Homeland Security and tion, and Retention Incentives’’ (RIN3206– MESSAGE FROM THE HOUSE Governmental Affairs. AK81) received on June 3, 2005; to the Com- EC–2515. A communication from the Chair- mittee on Homeland Security and Govern- At 2:19 p.m., a message from the man of the Council of the District of Colum- mental Affairs. House of Representatives, delivered by bia, transmitting, pursuant to law, a report EC–2526. A communication from the Acting Ms. Niland, one of its reading clerks, on D.C. Act 16–73, ‘‘Closing of a Public Alley Director, Division for Strategic Human Re- announced that the House has passed in Square 527, S.O. 03–1181, Act of 2005’’; to sources Policy, Office of Personnel Manage- the following bill, in which it requests the Committee on Homeland Security and ment, transmitting, pursuant to law, the re- the concurrence of the Senate: Governmental Affairs. port of a rule entitled ‘‘Excepted Service— EC–2516. A communication from the Chair- Presidential Management Fellows Pro- H.R. 2744. An act making appropriations man, United States International Trade grams’’ (RIN3206–AK27) received on June 3, for Agriculture, Rural Development, Food Commission, transmitting, pursuant to law, 2005; to the Committee on Homeland Secu- and Drug Administration, and Related Agen- the Semi-annual Report of the Commission’s rity and Governmental Affairs. cies for the fiscal year ending September 30, Inspector General; to the Committee on EC–2527. A communication from the Chair- 2006, and for other purposes. Homeland Security and Governmental Af- man of the Council of the District of Colum- The message further announced that fairs. bia, transmitting, pursuant to law, a report the House has agreed to the following EC–2517. A communication from the Sec- on D.C. Act 16–75, ‘‘Closing of a Public Alley concurrent resolution, in which it re- retary of Veterans Affairs, transmitting, in Square 342, S.O. 03–5369, Act of 2005’’; to quests the concurrence of the Senate: pursuant to law, the semiannual report of the Committee on Homeland Security and H. Con. Res. 159. A concurrent resolution the Office of Inspector General for the period Governmental Affairs. recognizing the sacrifices being made by the of October 1, 2004 through March 31, 2005; to EC–2528. A communication from the Chair- families of members of the Armed Forces the Committee on Homeland Security and man of the Council of the District of Colum- and supporting the designation of a week as Governmental Affairs. bia, transmitting, pursuant to law, a report National Military Families Week. EC–2518. A communication from the Sec- on D.C. Act 16–76, ‘‘Closing of a Portion of retary of Labor, transmitting, pursuant to Davenport Street, N.W., abutting Squares The message also announced that law, the Semiannual Report of the Depart- 1672 and 1673, S.O. 03–2366, Act of 2005’’; to the pursuant to 22 U.S.C. 276h, and the ment’s Inspector General; to the Committee Committee on Homeland Security and Gov- order of the House of January 4, 2005, on Homeland Security and Governmental Af- ernmental Affairs. the Speaker appoints the following fairs. EC–2529. A communication from the Chair- Members of the House of Representa- EC–2519. A communication from the Chair- man of the Council of the District of Colum- tives to the Mexico-United States man, Railroad Retirement Board, transmit- bia, transmitting, pursuant to law, a report Interparliamentary Group, in addition ting, pursuant to law, the Semiannual Re- on D.C. Act 16–74, ‘‘Rental Housing Act Ex- port of the Board’s Office of Inspector Gen- tension Amendment Act of 2005’’; to the to Mr. KOLBE of Arizona, Chairman, eral for the period from October 1, 2004 Committee on Homeland Security and Gov- and Ms. HARRIS of Florida, Vice Chair- through March 31, 2005; to the Committee on ernmental Affairs. man, appointed on April 14, 2005: Mr. Homeland Security and Governmental Af- EC–2530. A communication from the Chair- DREIER of California, Mr. BERMAN of fairs. man of the Council of the District of Colum- California, Mr. BARTON of Texas, Mr. EC–2520. A communication from the Chair- bia, transmitting, pursuant to law, a report MANZULLO of Illinois, Mr. WELLER of Il- man, Board of Governors, Postal Service, on D.C. Act 16–85, ‘‘Local, Small, and Dis- linois, Mr. REYES of Texas, and Mr. transmitting, pursuant to law, the Semi- advantaged Business Enterprises Certifi- annual Report of the Office of Inspector Gen- cation Temporary Amendment Act of 2005’’; MCCAUL of Texas. eral for the period ending March 31, 2005; to to the Committee on Homeland Security and f the Committee on Homeland Security and Governmental Affairs. MEASURES REFERRED Governmental Affairs. EC–2531. A communication from the Chair- EC–2521. A communication from the Acting man of the Council of the District of Colum- The following bill was read the first Director, Office of Personnel Management, bia, transmitting, pursuant to law, a report and the second times by unanimous transmitting, pursuant to law, the Semi- on D.C. Act 16–84, ‘‘Victims of Domestic Vio- consent, and referred as indicated: annual Report of the Inspector General and lence Fund Establishment Temporary Act of

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12122 CONGRESSIONAL RECORD—SENATE June 9, 2005 2005’’; to the Committee on Homeland Secu- tional Marine Fisheries Service, Department the ‘‘Reynaldo G. Garza and Filemon B. Vela rity and Governmental Affairs. of Commerce, transmitting, pursuant to law, United States Courthouse’’. EC–2532. A communication from the Chair- the report of a rule entitled ‘‘Fisheries off S. 1140. A bill to designate the State Route man of the Council of the District of Colum- West Coast States and in the Western Pa- 1 Bridge in the State of Delaware as the bia, transmitting, pursuant to law, a report cific; Pacific Coast Groundfish Fishery; An- ‘‘Senator William V. Roth, Jr. Bridge’’. on D.C. Act 16–89, ‘‘Rental Housing Conver- nual Specifications and Management Meas- f sion and Sale Amendment Act of 2005’’; to ures; Inseason Adjustments; Pacific Halibut the Committee on Homeland Security and Fisheries’’ (I.D. No. 042505C) received on June EXECUTIVE REPORTS OF Governmental Affairs. 3, 2005; to the Committee on Commerce, COMMITTEES EC–2533. A communication from the Sec- Science, and Transportation. The following executive reports of retary of Commerce, transmitting, the re- EC–2541. A communication from the Acting committees were submitted: port of a draft bill entitled ‘‘National Off- Director, Office of Sustainable Fisheries, Na- shore Aquaculture Act of 2005’’ received on tional Marine Fisheries Service, Department By Mr. SHELBY for the Committee on June 7, 2005; to the Committee on Commerce, of Commerce, transmitting, pursuant to law, Banking, Housing, and Urban Affairs. *Brian D. Montgomery, of Texas, to be an Science, and Transportation. the report of a rule entitled ‘‘Fisheries off Assistant Secretary of Housing and Urban EC–2534. A communication from the Direc- West Coast States and in the Western Pa- Development. tor, U.S. Census Bureau, Department of cific; West Coast Salmon Fisheries; Inseason *Ben S. Bernanke, of New Jersey, to be a Commerce, transmitting, pursuant to law, Action #1—Adjustment of the Commercial Member of the Council of Economic Advis- the report of a rule entitled ‘‘Requirements Fisheries from the Cape Falcon, Oregon, to ers. for Reporting the Kimberley Process Certifi- the Oregon—California Border’’ (I.D. No. cate Number for Exports (Reexports) of 050405D) received on June 3, 2005; to the Com- *Nomination was reported with rec- Rough Diamonds’’ (RIN0607–AA44) received mittee on Commerce, Science, and Transpor- ommendation that it be confirmed sub- on June 3, 2005; to the Committee on Com- tation. ject to the nominee’s commitment to merce, Science, and Transportation. EC–2542. A communication from the Acting respond to requests to appear and tes- EC–2535. A communication from the Direc- Director, Office of Sustainable Fisheries, Na- tify before any duly constituted com- tor, Office of Sustainable Fisheries, National tional Marine Fisheries Service, Department mittee of the Senate. Marine Fisheries Service, Department of of Commerce, transmitting, pursuant to law, Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the f the report of a rule entitled ‘‘Deep-Water Northeastern United States; Summer Floun- INTRODUCTION OF BILLS AND Species Fishery by Vessels Using Trawl Gear der; 2005 Specifications; Commercial Sum- JOINT RESOLUTIONS in the Gulf of Alaska’’ (I.D. No. 050305C) re- mer Flounder Quota Transfer from North ceived on June 3, 2005; to the Committee on Carolina to Virginia’’ (I.D. No. 030305D) re- The following bills and joint resolu- Commerce, Science, and Transportation. ceived on June 3, 2005; to the Committee on tions were introduced, read the first EC–2536. A communication from the Dep- Commerce, Science, and Transportation. and second times by unanimous con- uty Assistant Administrator for Regulatory EC–2543. A communication from the Acting sent, and referred as indicated: Programs, Office of Sustainable Fisheries, Director, Office of Sustainable Fisheries, Na- tional Marine Fisheries Service, Department By Mr. DOMENICI: National Marine Fisheries Service, Depart- S. 10. An original bill to enhance the en- of Commerce, transmitting, pursuant to law, ment of Commerce, transmitting, pursuant ergy security of the United States, and for the report of a rule entitled ‘‘Fisheries of the to law, the report of a rule entitled ‘‘Magnu- other purposes; from the Committee on En- Northeastern United States; Summer Floun- son Act Provisions; Fisheries off West Coast ergy and Natural Resources; placed on the der; 2004 Specifications; Closure of the North States and in the Western Pacific; Pacific calendar. Carolina Summer Flounder Commercial Coast Groundfish Fishery; Groundfish Fish- By Mrs. FEINSTEIN (for herself and Fishery’’ (I.D. No. 122204F) received on June ery Management Measures’’ ((RIN0648–AT38) Mrs. BOXER): 3, 2005; to the Committee on Commerce, (I.D. No. 043605G)) received on June 3, 2005; to S. 1206. A bill to designate the facility of Science, and Transportation. the Committee on Commerce, Science, and the United States Postal Service located at EC–2544. A communication from the Acting Transportation. 4960 West Washington Boulevard in Los An- Director, Office of Sustainable Fisheries, Na- EC–2537. A communication from the Dep- geles, California, as the ‘‘Ray Charles Post tional Marine Fisheries Service, Department uty Assistant Administrator for Regulatory Office Building’’ to the Committee on Home- of Commerce, transmitting, pursuant to law, Programs, Office of Sustainable Fisheries, land Security and Governmental Affairs. the report of a rule entitled ‘‘Reallocating National Marine Fisheries Service, Depart- By Mrs. FEINSTEIN (for herself and Pacific Cod from Vessels Using Jig Gear to ment of Commerce, transmitting, pursuant Mrs. BOXER): Catcher Vessels Less than 60 Feet (18.3 Me- to law, the report of a rule entitled ‘‘Magnu- S. 1207. A bill to designate the facility of ters) Length Overall Using Pot or Hook-and- son-Stevens Fishery Conservation and Man- the United States Postal Service located at Line Gear in the Bering Sea and Aleutian Is- agement Act Provisions; Fisheries of the 30777 Rancho California Road in Temecula, lands Management Area’’ (I.D. No. 051105C) Northeastern United States; Monkfish Fish- California, as the ‘‘Dalip Singh Saund Post received on June 3, 2005; to the Committee ery; Amendment 2’’ (RIN0648–AQ25) received Office Building’’; to the Committee on on Commerce, Science, and Transportation. on June 3, 2005; to the Committee on Com- Homeland Security and Governmental Af- merce, Science, and Transportation. f fairs. EC–2538. A communication from the Dep- REPORTS OF COMMITTEES By Mr. ALEXANDER (for himself and uty Assistant Administrator for Regulatory Mr. WARNER): Programs, Office of Sustainable Fisheries, The following reports of committees S. 1208. A bill to provide for local control National Marine Fisheries Service, Depart- were submitted: for the siting of windmills; to the Committee ment of Commerce, transmitting, pursuant By Mr. COCHRAN, from the Committee on on Energy and Natural Resources. to law, the report of a rule entitled ‘‘Magnu- Appropriations: By Mr. GREGG: son-Stevens Fishery Conservation and Man- Special Report entitled ‘‘Allocation to S. 1209. A bill to establish and strengthen agement Act Provisions; Fisheries of the Subcommittees of Budget Totals’’ (Rept. No. postsecondary programs and courses in the Northeastern United States; Monkfish Fish- 109–77). subjects of traditional American history, ery; Annual Adjustments’’ (RIN0648–AS72) By Mr. CRAIG, from the Committee on free institutions, and Western civilization, received on June 3, 2005; to the Committee Veterans’ Affairs: available to students preparing to teach on Commerce, Science, and Transportation. Special Report entitled ‘‘Legislative and these subjects, and to other students; to the EC–2539. A communication from the Dep- Oversight Activities During the 108th Con- Committee on Health, Education, Labor, and uty Assistant Administrator for Regulatory gress by the Senate Committee on Veterans’ Pensions. Programs, Office of Sustainable Fisheries, Affairs’’ (Rept. No. 109–79). By Mr. HARKIN (for himself, Mr. National Marine Fisheries Service, Depart- By Mr. DOMENICI, from the Committee on LUGAR, Mr. OBAMA, and Mr. COLE- ment of Commerce, transmitting, pursuant Energy and Natural Resources, without MAN): to law, the report of a rule entitled ‘‘Magnu- amendment: S. 1210. A bill to enhance the national secu- son-Stevens Fishery Conservation and Man- S. 10. An original bill to enhance the en- rity of the United States by providing for the agement Act Provisions; Fisheries of the ergy security of the United States, and for research, development, demonstration, ad- Northeastern United States; Electronic Deal- other purposes (Rept. No. 109–121). ministrative support, and market mecha- er Reporting Final Rule’’ (RIN0648–AS87) re- By Mr. INHOFE, from the Committee on nisms for widespread deployment and com- ceived on June 3, 2005; to the Committee on Environment and Public Works, without mercialization of biobased fuels and biobased Commerce, Science, and Transportation. amendment: products, and for other purposes; to the Com- EC–2540. A communication from the Acting H.R. 483. A bill to designate a United mittee on Agriculture, Nutrition, and For- Director, Office of Sustainable Fisheries, Na- States courthouse in Brownsville, Texas, as estry.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12123 By Mr. BINGAMAN: S. 1220. A bill to assist law enforcement in through the States of Texas, New Mex- S. 1211. A bill to establish an Office of For- their efforts to recover missing children and ico, Oklahoma, and Kansas as a high eign Science and Technology Assessment to to strengthen the standards for State sex of- priority corridor on the National High- enable the United States to effectively ana- fender registration programs; to the Com- way System. lyze trends in foreign science and tech- mittee on the Judiciary. nology, and for other purposes; to the Com- By Mr. DAYTON (for himself and Mr. S. 195 mittee on Foreign Relations. KERRY): At the request of Mr. LIEBERMAN, the By Ms. STABENOW (for herself and S. 1221. A bill to amend chapter 81 of title name of the Senator from New York Mr. LEVIN): 5, United States Code, to create a presump- (Mrs. CLINTON) was added as a cospon- S. 1212. A bill to require the Commandant tion that a disability or death of a Federal sor of S. 195, a bill to provide for full of the Coast Guard to convey the Coast employee in fire protection activities caused Guard Cutter Mackinaw, upon its scheduled voting representation in Congress for by any of certain diseases is the result of the the citizens of the District of Colum- decommissioning, to the City and County of performance of such employee’s duty; to the Cheboygan, Michigan, to use for purposes of Committee on Homeland Security and Gov- bia, and for other purposes. a museum; to the Committee on Commerce, ernmental Affairs. S. 211 Science, and Transportation. By Mr. STEVENS (for himself, Mr. At the request of Mrs. CLINTON, the By Ms. STABENOW (for herself and INOUYE, and Ms. CANTWELL): name of the Senator from Hawaii (Mr. Mr. SMITH): S. 1222. A bill to amend the Internal Rev- S. 1213. A bill to amend the Internal Rev- AKAKA) was added as a cosponsor of S. enue Code of 1986 to reinstate the Oil Spill 211, a bill to facilitate nationwide enue Code of 1986 to allow a refundable credit Liability Trust Fund tax and to maintain a against income tax for the purchase of a availability of 2–1–1 telephone service balance of $3 billion in the Oil Spill Liability for information and referral on human principal residence by a first-time home- Trust Fund; to the Committee on Finance. buyer; to the Committee on Finance. By Mr. DODD: services, volunteer services, and for By Ms. SNOWE (for herself, Mr. REID, S. 1223. A bill to amend the Public Health other purposes. Mr. WARNER, Mr. LEAHY, Mr. CHAFEE, Service Act to improve the quality and effi- S. 241 Mrs. MURRAY, Mr. KENNEDY, Mr. ciency of health care delivery through im- At the request of Ms. SNOWE, the AKAKA, Mr. DURBIN, Ms. CANTWELL, provements in health care information tech- name of the Senator from South Da- and Mr. LAUTENBERG): nology, and for other purposes; to the Com- S. 1214. A bill to require equitable coverage kota (Mr. THUNE) was added as a co- mittee on Health, Education, Labor, and of prescription contraceptive drugs and de- sponsor of S. 241, a bill to amend sec- Pensions. vices, and contraceptive services under By Mrs. BOXER (for herself and Mr. tion 254 of the Communications Act of health plans; to the Committee on Health, LAUTENBERG): 1934 to provide that funds received as Education, Labor, and Pensions. S. 1224. A bill to protect the oceans, and for universal service contributions and the By Mr. GREGG (for himself, Ms. MI- other purposes to the Committee on Com- universal service support programs es- KULSKI, Mr. SARBANES, Mr. BIDEN, merce, Science, and Transportation. Mr. CORZINE, Ms. SNOWE, Mr. REED, tablished pursuant to that section are Ms. CANTWELL, Mrs. MURRAY, Mr. f not subject to certain provisions of COCHRAN, Mr. KERRY, Mr. INOUYE, and title 31, United States Code, commonly Mrs. FEINSTEIN): SUBMISSION OF CONCURRENT AND known as the Antideficiency Act. S. 1215. A bill to authorize the acquisition SENATE RESOLUTIONS S. 432 of interests in underdeveloped coastal areas The following concurrent resolutions At the request of Mr. ALLEN, the in order better to ensure their protection from development; to the Committee on and Senate resolutions were read, and name of the Senator from Texas (Mr. Commerce, Science and Transportation. referred (or acted upon), as indicated: CORNYN) was added as a cosponsor of S. By Mr. CORZINE: By Ms. SNOWE (for herself, Mr. COLE- 432, a bill to establish a digital and S. 1216. A bill to require financial institu- MAN, Mr. ISAKSON, Mr. VITTER, Ms. wireless network technology program, tions and financial service providers to no- LANDRIEU, Mr. KERRY, Mr. BURNS, and for other purposes. tify customers of the unauthorized use of Mr. PRYOR, Mr. BAYH, and Mr. LIE- S. 438 personal financial information, and for other BERMAN): At the request of Mr. ENSIGN, the purposes; to the Committee on Banking, S. Res. 165. A resolution congratulating the Housing, and Urban Affairs. Small Business Development Centers of the name of the Senator from Mississippi By Mr. BINGAMAN (for himself, Mr. Small Business Administration on their 25 (Mr. COCHRAN) was added as a cospon- DEWINE, Mr. CORZINE, Mr. DURBIN, years of service to America’s small business sor of S. 438, a bill to amend title XVIII Mr. SCHUMER, Mr. JOHNSON, Ms. owners and entrepreneurs; to the Committee of the Social Security Act to repeal the CANTWELL, Mr. LAUTENBERG, Ms. on Small Business and Entrepreneurship. medicare outpatient rehabilitation STABENOW, Mr. KENNEDY, Mrs. CLIN- By Mr. LOTT: therapy caps. TON, Mr. KERRY, Ms. MIKULSKI, Mr. S. Res. 166. A resolution to authorize the S. 441 AKAKA, Mr. SALAZAR, and Mr. SAR- printing of a collection of the rules of the At the request of Mr. SANTORUM, the BANES): committees of the Senate; considered and S. 1217. A bill to amend title II of the So- agreed to. name of the Senator from South Caro- cial Security Act to phase out the 24-month By Mr. MCCAIN (for himself and Mr. lina (Mr. GRAHAM) was added as a co- waiting period for disabled individuals to be- SUNUNU): sponsor of S. 441, a bill to amend the come eligible for medicare benefits, to elimi- S. Res. 167. A resolution recognizing the Internal Revenue Code of 1986 to make nate the waiting period for individuals with importance of sun safety, and for other pur- permanent the classification of a mo- life-threatening conditions, and for other poses; considered and agreed to. torsports entertainment complex. purposes; to the Committee on Finance. By Mr. HAGEL (for himself and Mr. S. 471 By Mr. KENNEDY (for himself and Mr. MARTINEZ): DURBIN): S. Con. Res. 41. Concurrent resolution rec- At the request of Mr. SPECTER, the S. 1218. A bill to amend the Elementary ognizing the sacrifices being made by the name of the Senator from Rhode Island and Secondary Education Act of 1965, the families of members of the Armed Forces (Mr. REED) was added as a cosponsor of Higher Education Act of 1965, and the Inter- and supporting the designation of a week as S. 471, a bill to amend the Public nal Revenue Code of 1986 to improve recruit- National Military Families Week; to the Health Service Act to provide for ment, preparation, distribution, and reten- Committee on Armed Services. tion of public elementary and secondary human embryonic stem cell research. school teachers and principals, and for other f S. 484 At the request of Mr. WARNER, the purposes; to the Committee on Finance. ADDITIONAL COSPONSORS By Mr. BURNS: name of the Senator from Maine (Ms. S. 1219. A bill to authorize certain tribes in S. 169 SNOWE) was added as a cosponsor of S. the State of Montana to enter into a lease or At the request of Mr. BINGAMAN, the 484, a bill to amend the Internal Rev- other temporary conveyance of water rights name of the Senator from Texas (Mrs. enue Code of 1986 to allow Federal ci- to meet the water needs of the Dry Prairie Rural Water Association, Inc; to the Com- HUTCHISON) was added as a cosponsor of vilian and military retirees to pay mittee on Energy and Natural Resources. S. 169, a bill to amend the Intermodal health insurance premiums on a pretax By Mr. DODD (for himself, Ms. COL- Surface Transportation Efficiency Act basis and to allow a deduction for LINS, and Mr. LEAHY): of 1991 to identify a route that passes TRICARE supplemental premiums.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12124 CONGRESSIONAL RECORD—SENATE June 9, 2005 S. 537 S. 962 medicaid and State children’s health At the request of Mr. BINGAMAN, the At the request of Mr. SMITH, his insurance programs. name of the Senator from Michigan name was added as a cosponsor of S. S. 1105 (Ms. STABENOW) was added as a cospon- 962, a bill to amend the Internal Rev- At the request of Mr. DODD, the name sor of S. 537, a bill to increase the num- enue Code of 1986 to allow a credit to of the Senator from Massachusetts ber of well-trained mental health serv- holders of qualified bonds issued to fi- (Mr. KERRY) was added as a cosponsor ice professionals (including those based nance certain energy projects, and for of S. 1105, a bill to amend title VI of in schools) providing clinical mental other purposes. the Higher Education Act of 1965 re- health care to children and adoles- S. 969 garding international and foreign lan- cents, and for other purposes. At the request of Mr. OBAMA, the guage studies. S 614 . name of the Senator from Illinois (Mr. S. 1112 At the request of Mr. SPECTER, the DURBIN) was added as a cosponsor of S. At the request of Mr. BAUCUS, the name of the Senator from Maine (Ms. 969, a bill to amend the Public Health name of the Senator from Illinois (Mr. SNOWE) was added as a cosponsor of S. Service Act with respect to preparation DURBIN) was added as a cosponsor of S. 614, a bill to amend title 38, United for an influenza pandemic, including an 1112, a bill to make permanent the en- States Code, to permit medicare-eligi- avian influenza pandemic, and for hanced educational savings provisions ble veterans to receive an out-patient other purposes. for qualified tuition programs enacted medication benefit, to provide that cer- S. 1007 as part of the Economic Growth and tain veterans who receive such benefit At the request of Mr. BINGAMAN, the Tax Relief Reconciliation Act of 2001. are not otherwise eligible for medical name of the Senator from Vermont S. 1120 care and services from the Department (Mr. LEAHY) was added as a cosponsor At the request of Mr. BINGAMAN, his of Veterans Affairs, and for other pur- of S. 1007, a bill to prevent a severe re- poses. name was added as a cosponsor of S. duction in the Federal medical assist- 1120, a bill to reduce hunger in the S. 633 ance percentage determined for a State United States by half by 2010, and for At the request of Mr. JOHNSON, the for fiscal year 2006. other purposes. name of the Senator from Maine (Ms. S. 1039 S. 1160 SNOWE) was added as a cosponsor of S. At the request of Mr. HATCH, the At the request of Mr. SMITH, the 633, a bill to require the Secretary of name of the Senator from Wyoming name of the Senator from Maine (Ms. the Treasury to mint coins in com- (Mr. ENZI) was added as a cosponsor of SNOWE) was added as a cosponsor of S. memoration of veterans who became S. 1039, a bill to amend the Internal 1160, a bill to amend the Internal Rev- disabled for life while serving in the Revenue Code of 1986 to modify the enue Code of 1986 to restore, increase, Armed Forces of the United States. treatment of depreciation of refinery and make permanent the exclusion S. 642 property. from gross income for amounts re- At the request of Mr. FRIST, the S. 1066 name of the Senator from Oklahoma ceived under qualified group legal serv- At the request of Mr. VOINOVICH, the ices plan. (Mr. COBURN) was added as a cosponsor names of the Senator from Missouri S. 1177 of S. 642, a bill to support certain na- (Mr. BOND) and the Senator from Mis- At the request of Mr. AKAKA, the tional youth organizations, including souri (Mr. TALENT) were added as co- the Boy Scouts of America, and for sponsors of S. 1066, a bill to authorize names of the Senator from West Vir- other purposes. the States (and subdivisions thereof), ginia (Mr. ROCKEFELLER) and the Sen- S. 726 the District of Columbia, territories, ator from Washington (Mrs. MURRAY) At the request of Mr. SANTORUM, his and possessions of the United States to were added as cosponsors of S. 1177, a name was added as a cosponsor of S. provide certain tax incentives to any bill to improve mental health services 726, a bill to promote the conservation person for economic development pur- at all facilities of the Department of and production of natural gas. poses. Veterans Affairs. S. 1197 S. 727 S. 1076 At the request of Mr. SANTORUM, his At the request of Mr. TALENT, the At the request of Mr. BIDEN, the name was added as a cosponsor of S. name of the Senator from Virginia (Mr. names of the Senator from Idaho (Mr. 727, a bill to provide tax incentives to ALLEN) was added as a cosponsor of S. CRAPO), the Senator from Washington promote the conservation and produc- 1076, a bill to amend the Internal Rev- (Ms. CANTWELL) and the Senator from tion of natural gas. enue Code of 1986 to extend the excise New Jersey (Mr. LAUTENBERG) were S. 768 tax and income tax credits for the pro- added as cosponsors of S. 1197, a bill to At the request of Mr. NELSON of Flor- duction of biodiesel. reauthorize the Violence Against ida, the name of the Senator from Cali- At the request of Mrs. LINCOLN, the Women Act of 1994. fornia (Mrs. BOXER) was added as a co- name of the Senator from Nebraska S. RES. 39 sponsor of S. 768, a bill to provide for (Mr. HAGEL) was added as a cosponsor At the request of Ms. LANDRIEU, the comprehensive identity theft preven- of S. 1076, supra. names of the Senator from North Da- tion. S. 1077 kota (Mr. DORGAN), the Senator from S. 809 At the request of Mrs. LINCOLN, the Hawaii (Mr. INOUYE), the Senator from At the request of Mr. LAUTENBERG, names of the Senator from Nebraska New York (Mrs. CLINTON), the Senator the name of the Senator from Hawaii (Mr. HAGEL) and the Senator from Mis- from Nebraska (Mr. NELSON), the Sen- (Mr. INOUYE) was added as a cosponsor souri (Mr. TALENT) were added as co- ator from Delaware (Mr. CARPER), the of S. 809, a bill to establish certain du- sponsors of S. 1077, a bill to amend the Senator from South Carolina (Mr. GRA- ties for pharmacies when pharmacists Internal Revenue Code of 1986 to pro- HAM) and the Senator from North Caro- employed by the pharmacies refuse to vide a renewable liquid fuels tax credit, lina (Mr. BURR) were added as cospon- fill valid prescriptions for drugs or de- and for other purposes. sors of S. Res. 39, a resolution apolo- vices on the basis of personal beliefs, S. 1104 gizing to the victims of lynching and and for other purposes. At the request of Mrs. CLINTON, the the descendants of those victims for S. 894 name of the Senator from Mississippi the failure of the Senate to enact anti- At the request of Mr. ENZI, the name (Mr. COCHRAN) was added as a cospon- lynching legislation. of the Senator from Michigan (Ms. sor of S. 1104, a bill to amend titles XIX S. RES. 154 STABENOW) was added as a cosponsor of and XXI of the Social Security Act to At the request of Mr. BIDEN, the S. 894, a bill to allow travel between provide States with the option to cover names of the Senator from New York the United States and Cuba. certain legal immigrants under the (Mrs. CLINTON), the Senator from

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Maryland (Ms. MIKULSKI), the Senator No. 1, to protect America’s most sce- local communities time to stop and from New Mexico (Mr. BINGAMAN), the nic treasures, such as the Grand Can- think about their most appropriate lo- Senator from Washington (Mrs. MUR- yon, the Statue of Liberty, and the cation. RAY), the Senator from Missouri (Mr. Great Smoky Mountains National In conclusion, Mr. President, let me TALENT), the Senator from Arkansas Park, and deny Federal subsidies for emphasize that our legislation does not (Mrs. LINCOLN), the Senator from Iowa giant wind turbines within 20 miles of prohibit the building of a single wind (Mr. GRASSLEY) and the Senator from any national park, national military turbine. It only denies a Federal tax- Alaska (Ms. MURKOWSKI) were added as park, national seashore, national lake- payer subsidy in highly scenic areas. cosponsors of S. Res. 154, a resolution shore, or 20 World Heritage sites in the And it ensures local governments have designating October 21, 2005 as ‘‘Na- United States. the time to review wind turbine pro- tional Mammography Day’’. No. 2, to protect our most pristine posals. This revised version does not give S. RES. 155 coastlines, it would deny Federal sub- local authorities any power they do not At the request of Mr. BIDEN, the sidies for wind turbines less than 20 already have. It simply gives them a names of the Senator from Oregon (Mr. miles offshore, which is the horizon of a national seashore, a national lake- little time to act. WYDEN), the Senator from Maryland We intend to offer our legislation as (Mr. SARBANES) and the Senator from shore, or a National Wildlife Refuge. No. 3, to enhance local control, which an amendment when the full Senate de- Maine (Ms. SNOWE) were added as co- bates the Energy bill next week, and sponsors of S. Res. 155, a resolution most of us believe in, it would give communities a 180-day timeout period we hope our colleagues will join us in designating the week of November 6 this effort to ensure the Federal Gov- through November 12, 2005, as ‘‘Na- from when a wind project is filed with the Federal Energy Regulatory Com- ernment does not provide tax incen- tional Veterans Awareness Week’’ to tives that ruin the beauty of our most emphasize the need to develop edu- mission in which to review local zoning laws related to the placement of these pristine and scenic areas around our cational programs regarding the con- country. tributions of veterans to the country. giant wind turbines. This legislation is necessary because Egypt has its pyramids, Italy has its S. RES. 158 my research suggests that if the art, England has its history, and the United States has the great American At the request of Mr. GRAHAM, the present policies are continued we will outdoors. We should prize that and pro- name of the Senator from Delaware spend over the next 5 years nearly $4.5 tect it where we can. One way to do (Mr. BIDEN) was added as a cosponsor of billion to subsidize windmills. Because that is to make sure when we look at S. Res. 158, a resolution expressing the of those large subsidies, the number of the Statue of Liberty, when we look at sense of the Senate that the President the giant wind turbines in the United the Great Smoky Mountains, when we should designate the week beginning States is expected to grow from 6,700 look at the Grand Canyon, we do not September 11, 2005, as ‘‘National His- today to 40,000, or even double that have giant windmills, twice as tall as torically Black Colleges and Univer- number in 20 years according to esti- Neyland Stadium, with flashing red sities Week’’. mates by the Department of Energy lights, in between us and that land- f and the Union of Concerned Scientists. scape. These wind turbines are not your STATEMENTS ON INTRODUCED Mr. President, I ask unanimous con- grandmother’s windmills, gently pump- BILLS AND JOINT RESOLUTIONS sent to have printed in the RECORD the ing water from the farm well. Here is text of the legislation which Senator By Mr. ALEXANDER (for himself just one example, which my colleagues WARNER and I are introducing, a copy and Mr. WARNER): from Alabama and South Carolina will of the attachment which includes the S. 1208. A bill to provide for local especially appreciate. The University approximately 200 highly scenic sites control for the siting of windmills; to of Tennessee has the second largest that could be protected by the Environ- the Committee on Energy and Natural football stadium in America, seating mentally Responsible Windpower Act Resources. 107,000 people. The Senator from Ala- of 2005, and two editorials from Ten- Mr. ALEXANDER. Mr. President, in bama and I sat there while Auburn nessee newspapers—one from the Chat- order to protect our Nation’s most sce- University beat the tar out of the Uni- tanooga Times Free Press and one from nic areas, Senator WARNER, the senior versity of Tennessee last year. I ask the Knoxville News Sentinel—which Senator from Virginia, and I are today him to imagine that just one of these comment on the previous legislation introducing a revised version of the En- giant wind turbines would fit into that vironmentally Responsible Windpower we introduced. stadium. It would rise to more than There being no objection, the mate- Act of 2005. It will be introduced in the twice the height of the highest skybox. rial was ordered to be printed in the House of Representatives by Congress- Its rotor blades would stretch almost RECORD, as follows: man John Duncan, a Republican, who from 10-yard line to 10-yard line. And S. 1208 is chairman of the Water Resources on a clear night, its flashing red lights Subcommittee, and by Representative Be it enacted by the Senate and House of Rep- could be seen for 20 miles. Usually, resentatives of the United States of America in Bart Gordon, a Democrat, who is the these wind turbines are located in wind Congress assembled, ranking Democrat on the Science and farms containing 20 or more, but the SECTION 1. SHORT TITLE. Technology Committee. number can be more than 100. They This Act may be cited as the ‘‘Environ- Senator WARNER and I have listened work best, of course, where the wind mentally Responsible Windpower Act of to our colleagues, and we have made blows best which, in our part of the 2005’’. several changes in our initial bill to country, is along scenic coastlines or SEC. 2. LOCAL CONTROL FOR SITING OF WIND- simplify it and to make it the kind of scenic ridgetops. MILLS. bill we hope all Senators will think (a) LOCAL NOTIFICATION.—Prior to the Fed- Now, reasonable Members of this eral Energy Regulatory Commission issuing makes good sense. What we have done body may disagree about the cost, ef- to any wind turbine project its Exempt- is to simplify the local notification fectiveness, and appropriateness of Wholesale Generator Status, Market-Based procedures and to more precisely pro- such wind turbines. We can have that Rate Authority, or Qualified Facility rate tect scenic areas of the country with- debate at another time. But at least we schedule, the wind project shall complete its out impacting the entire coastline. We ought to be able to agree not to sub- Local Notification Process. have also removed a provision regard- sidize building them in places that (b) LOCAL NOTIFICATION PROCESS.— ing military bases that was in our bill (1) In this section, the term ‘‘Local Au- damage our most scenic areas and thorities’’ means the governing body, and since that can be addressed in other coastlines. the senior executive of the body, at the low- legislation. Since wind turbines of this giant size est level of government that possesses au- Our revised bill would do three are such a relatively new phenomenon, thority under State law to carry out this things: it fits our American traditions to give Act.

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(2) Applicant shall notify in writing the ALASKA National Wildlife Refuge, Key West National Local Authorities on the day of the filing of National Parks: Denali National Park & Wildlife Refuge, Lower Suwannee National such Market-Based Rate application or Fed- Preserve, Gates of the Arctic National Park Wildlife Refuge, Matlacha Pass National eral Energy Regulatory Commission Form & Preserve, Glacier Bay National Park & Wildlife Refuge, Merritt Island National number 556 (or a successor form) at the Fed- Preserve, Katmai National Park & Preserve, Wildlife Refuge, National Key Deer Refuge eral Energy Regulatory Commission. Evi- Kenai Fjords National Park, Kobuk Valley National Wildlife Refuge, Passage Key Na- dence of such notification shall be submitted National Park, Lake Clark National Park & tional Wildlife Refuge, Pelican Island Na- to the Federal Energy Regulatory Commis- Preserve, Wrangell-St, Elias National Park tional Wildlife Refuge, Pine Island National sion. & Preserve. Wildlife Refuge, Pinellas National Wildlife (3) The Federal Energy Regulatory Com- World Heritage Sites: Glacier Bay National Refuge, St. Johns National Wildlife Refuge, mission shall notify in writing the Local Au- Park & Preserve, Wrangell-St. Elias Na- St. Marks National Wildlife Refuge, St. Vin- thorities within 10 days of the filing of such tional Park & Preserve. cent National Wildlife Refuge, Ten Thousand Market-Based Rate application or Federal Coastal National Wildlife Refuges: Izembek Islands National Wildlife Refuge. Energy Regulatory Commission Form num- National Wildlife Refuge, Alaska Peninsula GEORGIA ber 556 (or a successor form) at the Federal National Wildlife Refuge, Becharof National National Seashores: Cumberland Island Na- Energy Regulatory Commission. Wildlife Refuge, Kodiak National Wildlife tional Seashore. (4) The Federal Energy Regulatory Com- Refuge, Selawik National Wildlife Refuge. Coastal National Wildlife Refuges: Black- mission shall not issue to the project Mar- ARIZONA beard Island National Wildlife Refuge, Harris ket-Based Rate Authority, Exempt Whole- National Parks: Grand Canyon National Neck National Wildlife Refuge, Wassaw Na- saler Generator Status, or Qualified Facility Park, Petrified Forest National Park. tional Wildlife Refuge, Wolf Island National rate schedule, until 180 days after the date World Heritage Sites: Grand Canyon Na- Wildlife Refuge. on which the Federal Energy Regulatory tional Park. HAWAII Commission notifies the Local Authorities under paragraph (3). ARKANSAS National Parks: Haleakala National Park, (c) HIGHLY SCENIC AREA AND FEDERAL National Parks: Hot Springs National Hawaii Volcanoes National Park. World Heritage Sites: Hawaii Volcanoes LAND.— Park. (1) A Highly Scenic Area is— National Military Parks: Pea Ridge. National Park. Coastal National Wildlife Refuges: Oahu (A) any area listed as an official United CALIFORNIA Nations Educational, Scientific, and Cul- Forest National Wildlife Refuge, Hanalei Na- National Parks: Channel Islands National tional Wildlife Refuge, Kilauea National tural Organization World Heritage Site, as Park, Death Valley National Park, Joshua supported by the Department of the Interior, Wildlife Refuge, Hakalau National Wildlife Tree National Park, Lassen Volcanic Na- Refuge, Kealia Pond National Wildlife Ref- the National Park Service, and the Inter- tional Park, Redwood National and State national Council on Monuments and Sites; uge, Pearl Harbor National Wildlife Refuge, Parks, Sequoia & Kings Canyon National Kakahaia National Wildlife Refuge. (B) land designated as a National Park; Parks, Yosemite National Park. IDAHO (C) a National Lakeshore; World Heritage Sites: Redwood National (D) a National Seashore; Park, Yosemite National Park. National Parks: Yellowstone National (E) a National Wildlife Refuge that is adja- National Seashores: Point Reyes National Park. cent to an ocean; or Seashore. ILLINOIS (F) a National Military Park. National Wildlife Refuqes: Castle Rock Na- World Heritage Sites: Cahokia Mounds (2) A Qualified Wind Project is any wind- tional Wildlife Refuge, Ellicott Slough Na- State Historic Site. turbine project located— tional Wildlife Refuge, Farallon National INDIANA (A)(i) in a Highly Scenic Area; or Wildlife Refuge, Guadalupe-Nipomo Dunes National Seashores: Indiana Dunes Na- (ii) within 20 miles of the boundaries of an National Wildlife Refuge, Humboldt Bay Na- tional Lakeshore. area described in subparagraph (A), (B), (C), tional Wildlife Refuge, Marin Islands Na- (D), or (F) of paragraph (1); or tional Wildlife Refuge, Salinas River Na- KENTUCKY (B) within 20 miles off the coast of a Na- tional Wildlife Refuge, San Diego Bay Na- National Parks: Mammoth Cave National tional Wildlife Refuge that is adjacent to an tional Wildlife Refuge, San Pablo Bay Na- Park. ocean. tional Wildlife Refuge, Seal Beach National World Heritage Sites: Mammoth Cave Na- (3) Prior to the Federal Energy Regulatory Wildlife Refuge, Tijuana Slough National tional Park. Commission issuing to a Qualified Wind Wildlife Refuge. LOUISIANA Project its Exempt-Wholesale Generator COLORADO Coastal National Heritage Sites: Bayou Status, Market-Based Rate Authority, or Teche National Wildlife Refuge, Big Branch Qualified Facility rate schedule, an environ- National Parks: Black Canyon of the Gun- National Wildlife Refuge, Breton National mental impact statement shall be conducted nison National Park, Great Sand Dunes Na- Wildlife Refuge, Delta National Wildlife Ref- and completed by the lead agency in accord- tional Park & Preserve, Mesa Verde National uge, Sabine National Wildlife Refuge, Shell ance with the National Environmental Pol- Park, Rocky Mountain National Park. Keys National Wildlife Refuge. icy Act of 1969 (42 U.S.C. 4321 et seq.). If no World Heritage Sites: Mesa Verde. lead agency is designated, the lead agency CONNECTICUT MAINE shall be the Department of the Interior. Coastal National Wildlife Refuges: Stewart National Parks: Acadia National Park. (4) The environmental impact statement B. McKinney National Wildlife Refuge. Coastal National Wildlife Refuges: Aroos- determination shall be issued within 12 took National Wildlife Refuge, Cross Island DELAWARE months of the date of application. National Wildlife Refuge, Franklin Island (5) Such environmental impact statement Coastal National Wildlife Refuges: Bombay National Wildlife Refuge, Moosehorn Na- review shall include a cumulative impacts Hook National Wildlife Refuge, Prime Hook tional Wildlife Refuge, Petit Manan National analysis addressing visual impacts and avian National Wildlife Refuge. Wildlife Refuge, Pond Island National Wild- mortality analysis of a Qualified Wind FLORIDA life Refuge, Rachel Carson National Wildlife Project. National Parks: Biscayne National Park, Refuge, Seal Island National Wildlife Refuge. (6) A Qualified Wind Project shall not be Dry Tortugas National Park, Everglades Na- MARYLAND eligible for any Federal tax subsidy. tional Park. National Seashores: Assateague Island Na- (d) EFFECTIVE DATE.— World Heritage Sites: Everglades National tional Seashore. (1) This section shall expire 10 years after Park. MASSACHUSETTS the date of enactment of this Act. National Seashores: Canaveral National (2) Nothing in this section shall prevent or Seashore, Gulf Islands National Seashore. National Seashores: Cape Cod National discourage environmental review of any wind Coastal National Wildlife Refuge Sites: Ar- Seashore. projects or any Qualified Wind Project on a chie Carr National Wildlife Refuge, Arthur Coastal National Wildlife Refuges: Mash- State or local level. R. Marshall Loxahatchee National Wildlife pee National Wildlife Refuge, Massaspit Na- Refuge, Cedar Keys National Wildlife Refuge, tional Wildlife Refuge, Monormoy National SCENIC SITES PROTECTED BY THE ENVIRON- Chassahowitzka National Wildlife Refuge, Wildlife Refuge, Nantucket National Wildlife MENTALLY RESPONSIBLE WINDPOWER ACT OF Crocodile Lake National Wildlife Refuge, Refuge, Normans Land Island National Wild- 2005 Crystal River National Wildlife Refuge, life Refuge, Parker River National Wildlife ALABAMA Egmont Key National Wildlife Refuge, Great Refuge, Thacher Island National Wildlife National Parks: Little River Canyon Na- White Heron National Wildlife Refuge, Hobe Refuge. tional Preserve. Sound National Wildlife Refuge, Island Bay MICHIGAN National Military Parks: Horseshoe Bend. National Wildlife Refuge, J. N. Ding Darling National Parks: Isle Royale National Park.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12127 National Lakeshores: Pictured Rocks Na- Chafee National Wildlife Refuge, Ninigret World Heritage Sites: Yellowstone Na- tional Lakeshore, Sleeping Bear Dunes Na- National Wildlife Refuge, Sachuest Point tional Park. tional Lakeshore. National Wildlife Refuge, Trustom Pond Na- MINNESOTA tional Wildlife Refuge. [From the Chattanooga Times Free Press, May 22, 2005] National Parks: Voyageurs National Park. SOUTH CAROLINA BEWARE OF WINDMILLS MISSISSIPPI National Parks: Congaree National Park. National Military Parks: Kings Mountain. It was reported in the classical fictional National Seashores: Gulf Islands National Coastal National Wildlife Refuges: ACE literature of Miguel de Cervantes, and in the Seashore. Basin National Wildlife Refuge, Cape delightful derivative musical play ‘‘Man of National Military Parks: Vicksburg. Romain National Wildlife Refuge, Pickney La Mancha,’’ that Don Quixote tilted at Coastal National Wildlife Refuges: Grand Island National Wildlife Refuge, Savannah Bay National Wildlife Refuge, Mississippi windmills, thinking them to be adversaries. National Wildlife Refuge, Tybee National But in the real-life United States today, Sandhill Crane National Wildlife Refuge. Wildlife Refuge, Waccamaw National Wild- some people are promoting the erection of MONTANA life Refuge. many thousands of windmills as a means of National Parks: Yellowstone National SOUTH DAKOTA generating electric power, with too few peo- Park, Glacier National Park. National Parks: Badlands National Park, ple being aware that these modern windmills World Heritage Sites: Yellowstone Na- Wind Cave National Park. would be very real, not imaginary, adver- tional Park. TENNESSEE saries. Sen. Lamar Alexander, R-Tenn., has intro- NEVADA National Parks: Great Smoky Mountains duced a bill in Congress designed to avoid National Parks: Death Valley National National Park. Park, Great Basin National Park. World Heritage Sites: Great Smoky Moun- having an army of huge windmills slip up on us without sufficient warning. NEW HAMPSHIRE tains National Park. National Military Parks: Chickamauga and The senator says an effort is being made to Coastal National Wildlife Refuges: Great Chattanooga, Shiloh. require electric companies to produce 10 per- Bay National Wildlife Refuge. cent of their power from ‘‘renewable’’ TEXAS NEW JERSEY sources. That means wind, hydro, solar, geo- National Parks: Big Bend National Park, Coastal National Wildlife Refuges: Cape thermal and biomass power. Sounds good on Guadalupe Mountains National Park. the surface, doesn’t it? The trouble is that May National Wildlife Refuge, Edwin B. For- National Seashores: Padre Island National there are few opportunities for substantial sythe National Wildlife Refuge. Seashore. power generation by these means except by NEW MEXICO Coastal National Wildlife Refuges: Ana- wind. What would that mean? huac National Wildlife Refuge, Aransas Na- National Parks: Carlsbad Caverns National ‘‘The idea of windmills,’’ said Sen. Alex- tional Wildlife Refuge, Big Boggy National Park. ander, conjures up pleasant images—of Hol- Wildlife Refuge, Brazoria National Wildlife World Heritage Sites: Chaco Culture Na- land and tulips, of rural America . . . My Refuge, Laguna Atascossa National Wildlife tional Historical Park, Pueblo de Taos, grandparents had such a windmill at their Refuge, McFaddin National Wildlife Refuge, Carlsbad Caverns National Park. well pump . . . But the windmills we are San Bernard National Wildlife Refuge, Texas NEW YORK talking about today are not your grand- Point National Wildlife Refuge, Trinity mother’s windmills. World Heritage Sites: Statue of Liberty. River National Wildlife Refuge. National Seashores: Fire Island National ‘‘Each one is typically 100 yards tall, two UTAH Seashore. stories taller than the Statue of Liberty, National Parks: Arches National Park, taller than a football field is long. NORTH CAROLINA Bryce Canyon National Park, Canyonlands ‘‘These windmills are wider than a 747 National Parks: Great Smoky Mountains National Park, Capitol Reef National Park, jumbo jet. National Park. Zion National Park. ‘‘Their rotor blades turn at 100 miles per World Heritage Sites: Great Smoky Moun- VIRGINIA hour. tains National Park. National Parks: Shenandoah National ‘‘These towers and their flashing red lights National Seashores: Cape Hatteras Na- can be seen from more than 25 miles away. tional Seashore, Cape Lookout National Sea- Park. World Heritage Sites: Monticello, Univer- ‘‘Their noise can be heard from up to a shore. sity of Virginia Historic District. half-mile away. It is a thumping and swish- National Military Parks: Guilford Court- National Seashores: Assateague Island Na- ing sound. It has been described by residents house. tional Seashore. that are unhappy with the noise as sounding Coastal National Wildlife Refuges: Alli- National Military Parks: Fredericksburg like a brick wrapped in a towel tumbling in gator River National Wildlife Refuge, Cedar and Spotsylvania Courthouse Battlefields. a clothes drier on a perpetual basis. Island National Wildlife Refuge, Currituck Coastal National Wildlife Refuges: Back ‘‘These windmills produce very little power National Wildlife Refuge, Mackay Island Na- Bay National Wildlife Refuge, Chincoteague since they only operate when the wind blows tional Wildlife Refuge, Mattamuskeet Na- National Wildlife Refuge, Eastern Shore of enough or doesn’t blow too much, so they are tional Wildlife Refuge, Pea Island National Virginia National Wildlife Refuge, usually placed in large wind farms covering Wildlife Refuge, Pocosin Lakes National Featherstone National Wildlife Refuge, Fish- huge amounts of land. Wildlife Refuge, Swanquarter National Wild- erman Island National Wildlife Refuge, ‘‘As an example, if the Congress ordered life Refuge. James River National Wildlife Refuge, electric companies to build 10 percent of NORTH DAKOTA Mason Neck National Wildlife Refuge, their power from renewable energy—which National Parks: Theodore Roosevelt Na- Nansemond National Wildlife Refuge, as we have said, has to be mostly wind—and tional Park. Occoquah Bay National Wildlife Refuge, if we renew the current subsidy each year, by Plum Tree Island National Wildlife Refuge, the year 2025, my state of Tennessee would OHIO Wallops Island National Wildlife Refuge. have at least 1,700 windmills, which would National Parks: Cuyahoga Valley National cover land almost equal to two times the size Parks. WASHINGTON National Parks: Mount Rainier National of the city of Knoxville.’’ OREGON Park, North Cascades National Park, Olym- Do these revelations by Sen. Alexander, ac- National Parks: Crater Lake National pic National Park. companied by the prospect that $3.7 billion Park. World Heritage Sites: Olympic National of your taxes might be required for subsidies Coastal National Wildlife Refuges: Bandon Park. over five years, cause you to want to have Marsh National Wildlife Refuge, Cape Meares Coastal National Wildlife Refuges: Copalis 100,000 of these huge, red lighted, noisy, National Wildlife Refuge, Nestucca Bay Na- National Wildlife Refuge, Flattery National thumping windmills erected throughout the tional Wildlife Refuge, Oregon Islands Na- Wildlife Refuge, Grays Harbor National United States, with 1,700 of them in Ten- tional Wildlife Refuge, Siletz Bay National Wildlife Refuge, Quillayute Needles National nessee—perhaps in your neighborhood? Wildlife Refuge, Three Arch Rocks National Wildlife Refuge, Willapa National Wildlife Talk about ‘‘pollution’’ of area, sound and Wildlife Refuge. Refuge. sight! Surely, non-polluting nuclear power and PENNSYLVANIA WISCONSIN other energy sources would be better. The World Heritage Sites: Independence Hall. National Lakeshores: Apostle Islands Na- windmill subsidies could be used better to National Military Parks: Gettysburg. tional Lakeshore. promote cleaner, more efficient and cheaper RHODE ISLAND WYOMING coal, gas and oil technology. Coastal National Wildlife Refuges: Block National Parks: Grand Teton National Sen. Alexander said the purpose of his leg- Island National Wildlife Refuge, John H. Park, Yellowstone National Park. islation, in which Sen. John Warner, R-Va.,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12128 CONGRESSIONAL RECORD—SENATE June 9, 2005 has joined, is to be sure that ‘‘local authori- ‘‘I hope we decide that we need a real na- and universities required its students ties have a chance to consider the impact of tional energy policy instead of a national to take a course in American history. such massive new structures before dozens or windmill policy,’’ Alexander said. More recently, another report docu- We think that’s well said. hundreds of them begin to be built in their mented the extent to which our top communities.’’ For that fair warning, we should give By Mr. GREGG: postsecondary institutions have aban- thanks. If you have seen windmill farms in S. 1209. A bill to establish and doned the traditional core require- California, Texas or Hawaii, you will surely strengthen postsecondary programs ments that once gave students a sys- understand why the warning is appropriate. and courses in the subjects of tradi- temic grasp of our nation’s ideals, in- Don Quixote thought he had problems with tional American history, free institu- stitutions, and origins. Indeed, only windmills, He hadn’t seen the kind Sen. tions, and Western civilization, avail- about a dozen undergraduate programs Alexander is talking about. able to students preparing to teach at major American colleges and univer- sities have a central focus on American [KnoxNews, June 9, 2005] these subjects, and to other students; to the Committee on Health, Edu- constitutional history and principles. WINDMILLS NEED COMMONSENSE APPROACH cation, Labor, and Pensions. We are doing our students a dis- U.S. Sen. Lamar Alexander has unleashed Mr. GREGG. Mr. President, today I service if we allow them to graduate a storm of controversy among environ- from an institution of higher education mentalists over windmills, but we think he am proud to introduce the Higher Edu- cation for Freedom Act. This bill will without a solid understanding of and is using a commonsense approach. appreciation for our democratic herit- Alexander has introduced legislation that establish a competitive grant program would restrict tax credits for new windmills, making funds available to institutions age. We cannot hope to preserve our de- and he has asked TVA to place a moratorium of higher education, centers within mocracy without taking action to rem- on new windmills. such institutions, and associated non- edy our students’ historical illiteracy. As Thomas Jefferson once wrote, ‘‘If a Alexander’s bill would give local govern- profit foundations to promote both ments veto power over wind farm projects nation expects to be ignorant—and graduate and undergraduate programs and require environmental impact state- free—in a state of civilization, it ex- focused on the teaching and study of ments for windmill construction in offshore pects what never was and never will traditional American history and gov- areas and within 20 miles of certain scenic be.’’ I believe the time has come for ernment, and the history and achieve- areas, such as the Great Smoky Mountains Congress to do something to promote National Park, and military bases. ments of Western Civilization. The pro- the teaching and study of traditional The provision on eliminating tax credits gram will help ensure that more post- for projects in those restricted areas, how- American history at the postsecondary secondary students have the oppor- level, and I urge my colleagues to sup- ever, is what has drawn criticism from envi- tunity to participate in programs fo- ronmentalists and windmill manufacturers. port this legislation. Stephen Smith of the Southern Alliance cused on these critical subjects and I ask unanimous consent that the for Clean Energy said the legislation is ‘‘the that prospective teachers of history text of the bill be printed in the most direct assault on wind power we’ve ever and government have access to a solid RECORD. seen by a United States senator.’’ foundation of content knowledge. There being no objection, the bill was Jaime Steve, a lobbyist for the American Today, more than ever, it is impor- ordered to be printed in the RECORD, as Wind Energy Association, said wind energy tant to preserve and defend our com- follows: could bring up to 4,500 new jobs and $4.2 bil- mon heritage of freedom and civiliza- S. 1209 lion in investment to the state in the next tion, and to ensure that future genera- five or six years. Be it enacted by the Senate and House of Rep- Alexander released a statement that said tions of Americans understand the im- resentatives of the United States of America in his bill would protect scenic areas and give portance of traditional American his- Congress assembled, local citizens more control. ‘‘It keeps those tory and the principles of free govern- SECTION 1. SHORT TITLE. 100-yard-tall, monstrous structures away ment upon which this Nation was This Act may be cited as the ‘‘Higher Edu- from Signal Mountain, Lookout Mountain, founded. This knowledge is not only es- cation for Freedom Act’’. Roan Mountain, the Tennessee River Gorge, sential to the full participation of our SEC. 2. FINDINGS AND PURPOSES. the foothills of the Smokies and other highly citizenry in America’s civic life, but (a) FINDINGS.—Congress finds the fol- lowing: scenic areas,’’ Alexander said. also to the continued success of the ‘‘As for jobs,’’ he continued, ‘‘every Ten- (1) Given the increased threat to American nessee job is important, but I fear that hun- American experiment in self-govern- ideals in the trying times in which we live, dreds of these giant windmills across Ten- ment, which binds together a diverse it is important to preserve and defend our nessee’s ridges could destroy our tourism in- people into a single Nation with com- common heritage of freedom and civilization dustry, which could cost us tens of thousands mon purposes. and to ensure that future generations of of jobs.’’ However, college students’ lack of Americans understand the importance of tra- In remarks on the Senate floor, Alexander historical literacy is quite startling, ditional American history and the principles said serious questions have been raised about and too few of our colleges and univer- of free government on which this Nation was how much relying on wind power will raise sities are focused on the task of im- founded in order to provide the basic knowl- edge that is essential to full and informed the cost of electricity. ‘‘My studies suggest parting this fundamental knowledge to that, at a time when America needs large participation in civic life and to the larger amounts of low-cost, reliable power, wind the next generation. A survey of stu- vibrancy of the American experiment in self- produces puny amounts of high-cost unreli- dents at America’s top colleges found government, binding together a diverse peo- able power,’’ he said. ‘‘We need lower prices; that seniors could not identify Valley ple into a single Nation with a common pur- wind power raises prices.’’ Forge, words from the Gettysburg Ad- pose. About his request to TVA, Alexander said dress, or even the basic tenets of the (2) However, despite its importance, most the moratorium should be in effect ‘‘until U.S. Constitution. Given high school- of the Nation’s colleges and universities no the new TVA board, Congress and local offi- level American history questions, 81 longer require United States history or sys- cials can evaluate the impact on these mas- tematic study of Western civilization and sive structures on our electric rates, our percent of the college seniors would free institutions as a prerequisite to gradua- view of the mountains and our tourism in- have received a D or F, the report tion. dustry.’’ found. One college professor informed (3) In addition, too many of our Nation’s TVA Directors Bill Baxter and Skila Har- me that her students did not know elementary school and secondary school his- ris responded that TVA has no plans to build which side Lee was on during the Civil tory teachers lack the training necessary to more wind turbines in the next two years War, or whether the Russians were al- effectively teach these subjects, due largely and beyond. lies or enemies in World War II. A stu- to the inadequacy of their teacher prepara- We believe Alexander has raised some seri- dent of hers asked why anyone should tion. ous questions about the effectiveness and ef- (4) Distinguished historians and intellec- ficiency of wind power. While we understand care what the Founding Fathers wrote. tuals fear that without a common civic the importance of focusing on new forms of As unfortunate as these findings are, memory and a common understanding of the energy to reduce reliance on oil, we agree they are perhaps not surprising. A sur- remarkable individuals, events, and ideals with Alexander’s premise that we must go vey conducted several years ago found that have shaped our Nation and its free in- about it wisely. that not 1 of America’s top 50 colleges stitutions, the people in the United States

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12129 risk losing much of what it means to be an free institutions, and Western civilization, ica’s abundant sources of petroleum American, as well as the ability to fulfill the particularly through— helped drive tremendous improvements fundamental responsibilities of citizens in a (A) the design and implementation of in quality of life, offering greater mo- democracy. courses, lecture series, and symposia, the de- bility through gasoline-powered trans- (b) PURPOSES.—The purposes of this Act velopment and publication of instructional portation, and a whole host of new and are to promote and sustain postsecondary materials, and the development of new, and academic centers, institutes, and programs supporting of existing, academic centers; innovative products made from plastics that offer undergraduate and graduate (B) research supporting the development of and other petroleum-based chemicals. courses, support research, sponsor lectures, relevant course materials; But as the 20th century wore on, the seminars, and conferences, and develop (C) the support of faculty teaching in un- costs of a petroleum-based economy teaching materials, for the purpose of devel- dergraduate and graduate programs; and grew increasingly apparent: pollution oping and imparting a knowledge of tradi- (D) the support of graduate and post- of air and water became a growing risk tional American history, the American graduate fellowships and courses for scholars to our health and environment, and a Founding, and the history and nature of, and related to such fields. growing dependence on foreign imports threats to, free institutions, or of the nature, (b) SELECTION CRITERIA.—In selecting eligi- became an increasing risk to our eco- history, and achievements of Western civili- ble institutions for grants under this section zation, particularly for— for any fiscal year, the Secretary shall estab- nomic and national security. Today, (1) undergraduate students who are en- lish criteria by regulation, which shall, at a nearly two-thirds of the oil we use rolled in teacher education programs, who minimum, consider the education value and comes from overseas, much of it from may consider becoming school teachers, or relevance of the institution’s programming hostile and unstable regimes. who wish to enhance their civic competence; to carrying out the purposes of this Act and Instability in the oil-producing re- (2) elementary school, middle school, and the expertise of key personnel in the area of gions of the world, the growing threat secondary school teachers in need of addi- traditional American history and the prin- of global warming, and record-high tional training in order to effectively teach ciples on which the American political sys- prices for gasoline at the pump all call in these subject areas; and tem is based, including the political and in- for a new kind of economy for the 21st (3) graduate students and postsecondary tellectual history and philosophy of free in- faculty who wish to teach about these sub- stitutions, the American Founding, and century: one based on a resource that ject areas with greater knowledge and effec- other key events that have contributed to is not only abundant, but clean, renew- tiveness. American freedom, and the study of Western able and home-grown. SEC. 3. DEFINITIONS. civilization. Today, biofuels like ethanol and bio- In this Act: (c) GRANT APPLICATION.—An eligible insti- diesel are making great inroads in re- (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- tution that desires to receive a grant under ducing our foreign oil dependence. The ble institution’’ means— this Act shall submit to the Secretary an ap- biofuels industry will provide nearly 4 (A) an institution of higher education; plication at such time, in such manner, and billion gallons of clean, domestically- (B) a specific program within an institu- containing such information as the Sec- produced fuel alternatives to gasoline tion of higher education; and retary may prescribe by regulation. and diesel this year. We need to ensure (C) a non-profit history or academic orga- (d) GRANT REVIEW.—The Secretary shall es- nization associated with higher education tablish procedures for reviewing and evalu- continued growth of renewable fuels, whose mission is consistent with the pur- ating grants made under this Act. first by supporting a robust Renewable poses of this Act. (e) GRANT AWARDS.— Fuels Standard of at least 8 billion gal- (2) FREE INSTITUTION.—The term ‘‘free in- (1) MAXIMUM AND MINIMUM GRANTS.—The lons a year by 2012, and then by sup- stitution’’ means an institution that Secretary shall award each grant under this porting additional measures to grow emerged out of Western civilization, such as Act in an amount that is not less than the ‘‘bioeconomy.’’ democracy, constitutional government, indi- $400,000 and not more than $6,000,000. That is why I am very proud today to vidual rights, market economics, religious (2) EXCEPTION.—A subgrant made by an eli- be joined by my colleagues, Senator gible institution under this Act to another freedom and tolerance, and freedom of LUGAR, Senator OBAMA, and Senator thought and inquiry. eligible institution shall not be subject to COLEMAN, in introducing the National (3) INSTITUTION OF HIGHER EDUCATION.—The the minimum amount specified in paragraph term ‘‘institution of higher education’’ has (1). Security and Bioenergy Investment the meaning given the term under section (f) MULTIPLE AWARDS.—For the purposes of Act of 2005. This important bipartisan 101 of the Higher Education Act of 1965 (20 this Act, the Secretary may award more legislation provides the research, de- U.S.C. 1001). than 1 grant to an eligible institution. velopment, demonstration, and market (4) SECRETARY.—The term ‘‘Secretary’’ (g) SUBGRANTS.—An eligible institution mechanisms necessary to move this means the Secretary of Education. may use grant funds provided under this Act country from an economy based largely (5) TRADITIONAL AMERICAN HISTORY.—The to award subgrants to other eligible institu- on foreign oil, to one increasingly term ‘‘traditional American history’’ tions at the discretion of, and subject to the oversight of, the Secretary. fueled with clean, renewable, domesti- means— cally-grown biomass. It is an impor- (A) the significant constitutional, polit- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ical, intellectual, economic, and foreign pol- For the purpose of carrying out this Act, tant compliment to a robust RFS, and icy trends and issues that have shaped the there are authorized to be appropriated— a vital element of our energy future. course of American history; and (1) $140,000,000 for fiscal year 2006; and According to the National Academies (B) the key episodes, turning points, and (2) such sums as may be necessary for each of Science, this country generates leading figures involved in the constitu- of the succeeding 5 fiscal years. nearly 300 million tons of biomass each tional, political, intellectual, diplomatic, year—everything from corn stalks and and economic history of the United States. By Mr. HARKIN (for himself, Mr. wheat straw to forest trimmings and SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. LUGAR, Mr. OBAMA, and Mr. even segregated municipal waste. This (a) IN GENERAL.—From amounts appro- COLEMAN): biomass is currently sent to landfills or priated to carry out this Act, the Secretary S. 1210. A bill to enhance the national left in the fields after harvest in quan- shall award grants, on a competitive basis, security of the United States by pro- tities greater than that needed to pro- to eligible institutions, which grants shall be viding for the research, development, used for— vide natural cover and nutrient re- (1) history teacher preparation initiatives, demonstration, administrative support, placement. that— and market mechanisms for widespread The Natural Resources Defense Coun- (A) stress content mastery in traditional deployment and commercialization of cil estimates that by 2025, an addi- American history and the principles on biobased fuels and biobased products, tional 200 million tons of biomass could which the American political system is and for other purposes; to the Com- be generated each year from dedicated based, including the history and philosophy mittee on Agriculture, Nutrition, and biomass crops such as native of free institutions, and the study of Western Forestry. switchgrass, hybrid poplar and other civilization; and Mr. HARKIN. Mr. President, over the (B) provide for grantees to carry out re- woody crops, grown throughout the search, planning, and coordination activities past 100 years, the economy of the country. These crops require little or devoted to the purposes of this Act; and United States has become inextricably no fertilizer or chemical treatment, (2) strengthening postsecondary programs tied to the supply of petroleum. In the while helping to enhance soil quality in fields related to the American founding, early part of the 20th century, Amer- and reduce runoff.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12130 CONGRESSIONAL RECORD—SENATE June 9, 2005 Cellulose from biomass can be con- cialization of biobased fuels and prod- ducers, industry, clean energy, envi- verted to ethanol, to provide a clean ucts over the next 10 years. ronment and national security groups. transportation fuel with potentially The bill substantially updates and I have here several letters of endorse- near-zero net carbon dioxide and sulfur improves the Biomass Research and ment. emissions, and substantially reduced Development Act by refining its objec- I ask unanimous consent that the carbon monoxide, particulate and toxic tives, providing greater focus on over- text of the bill, and the accompanying emissions compared to petroleum- coming remaining technical barriers, letters of endorsement, be printed in based fuel. The Natural Resources De- and increasing funding. It authorizes $1 the RECORD. fense Council estimates that by 2050 billion in research and development There being no objection, the bill was biomass could supply 50 percent of the over five years to help today’s success- ordered to be printed in the RECORD, as Nation’s transportation fuel, dramati- ful biorefineries become the biorefin- follows: cally reducing our dependence on for- eries of tomorrow, while developing ad- S. 1210 eign oil. vanced biomass crops, crop production Be it enacted by the Senate and House of Rep- Other products of the biomass refin- methods, harvesting and transport resentatives of the United States of America in ing process, such as biochemicals and technology to deliver abundant bio- Congress assembled, bioplastics, can also complement or re- mass to the refinery door. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. place less environmentally-friendly pe- It creates a reverse auction of pro- (a) SHORT TITLE.—This Act may be cited as troleum-based equivalents. For exam- duction incentives to deliver the first the ‘‘National Security and Bioenergy In- ple, if all of the plastic used in the billion gallons of cellulosic biofuels at vestment Act of 2005’’. the lowest cost to taxpayers. Each (b) TABLE OF CONTENTS.—The table of con- United States were made from biomass tents of this Act is as follows: instead of petroleum, the Nation’s oil year, cellulosic biofuels refiners will bid for assistance on a per gallon basis. Sec. 1. Short title; table of contents. consumption would decrease by 90 to Sec. 2. Findings. 145 million barrels a year. Biobased Refiners who request the lowest level Sec. 3. Definitions. plastics can also be composted and con- of assistance will earn production con- TITLE I—BIOMASS RESEARCH AND verted back to soil instead of being tracts. As the volume of biofuels pro- DEVELOPMENT thrown in a landfill. duction grows, competition will in- Sec. 101. Definitions. Biobased chemicals, lubricants and crease, and per gallon incentive rates Sec. 102. Cooperation and coordination in metal-working fluids are all available will decrease. After the first billion biomass research and develop- in the marketplace today, and offer gallons of annual production, cellulosic ment. safe, non-toxic alternatives to their pe- ethanol is expected to be competitive Sec. 103. Biomass Research and Develop- with gasoline without government as- ment Board. troleum-based counterparts. The Na- Sec. 104. Biomass Research and Develop- tional Academies of Science found that sistance. It establishes a new Assistant Sec- ment Technical Advisory Com- biomass could meet all of the Nation’s retary position for Energy and Bio- mittee. needs for organic chemicals, replacing Sec. 105. Biomass Research and Develop- product Development at USDA to pro- 700 million barrels of petroleum a year. ment Initiative. vide the necessary priority and re- But perhaps one of the greatest bene- Sec. 106. Reports. sources for bioenergy and bioproduct fits of biobased fuels and products is to Sec. 107. Funding. programs. It expands the Federal Gov- Sec. 108. Termination of authority. our rural economy. A mature biomass ernment biobased product procurement Sec. 109. Biomass-derived hydrogen. industry would create more than 1 mil- program of the 2002 farm bill to include TITLE II—PRODUCTION INCENTIVES lion jobs and generate $5 billion annu- government contractors. It also ex- Sec. 201. Production incentives. ally in revenue for farmers. This rep- tends the program to the U.S. Capitol TITLE III—ASSISTANT SECRETARY OF resents a tremendous opportunity to Complex, and establishes the Capitol as AGRICULTURE FOR ENERGY AND grow and diversify sources of rural in- a showcase for biobased products. BIOBASED PRODUCTS come, while reducing our dependence It creates grant programs to help Sec. 301. Assistant Secretary of Agriculture on foreign oil, bolstering national secu- small biobased businesses with mar- for Energy and Biobased Prod- rity and protecting the environment. keting and certification of biobased ucts. However, several obstacles still re- products, and funds bioeconomy devel- TITLE IV—PROCUREMENT OF BIOBASED main. Current Federal programs to de- opment associations and Land Grant PRODUCTS velop biomass crops, establish supply institutions to support the growth of Sec. 401. Federal procurement. chains, and reduce the cost of biofuels regional bioeconomies. Sec. 402. Capitol Complex procurement. production are under-funded and lack The legislation calls on Congress to Sec. 403. Education . appropriate targeting. Potential bio- create tax incentives to encourage in- Sec. 404. Regulations. mass refinery developers remain reluc- vestment in production of biobased TITLE V—BIOECONOMY GRANTS AND tant to invest in construction of ‘‘next fuels and products, and it provides for TAX INCENTIVES generation’’ plants due to the high education and outreach to promote Sec. 501. Small business bioproduct mar- level of financial risk. And, according producer investment in processing fa- keting and certification grants. to a recent report from the Govern- Sec. 502. Regional bioeconomy development cilities and to heighten consumer grants. ment Accountability Office, biobased awareness of biobased fuels and prod- Sec. 503. Preprocessing and harvesting dem- purchase requirements and other bio- ucts. onstration grants. economy measures at the U.S. Depart- Together, these measures will send a Sec. 504. Sense of the Senate. ment of Agriculture have not been strong signal to innovators, investors TITLE VI—OTHER PROVISIONS given the necessary priority for full and biobased businesses that Congress Sec. 601. Education and outreach. implementation. is committed to advancing the bio- Sec. 602. Reports. A wide range of groups, including the economy. With full funding, this bill SEC. 2. FINDINGS. Energy Future Coalition, the National will deliver the technological advances Congress finds that— Commission on Energy Policy, the needed to help make biobased fuels and (1) the Governors’ Ethanol Coalition, in Governors’ Ethanol Coalition, and the products cost competitive with petro- the report entitled ‘‘Ethanol From Biomass Natural Resources Defense Council, is leum-based equivalents, and it will America’s 21st Century Transportation calling on Congress to invest in the take a big step toward a future in Fuel’’, found that— bioeconomy as the best direction for which our cars run on clean-burning re- (A) the dependence of the United States on oil is a major risk to national security and the country’s energy future. newable fuels, our plastics turn to com- economic and environmental health; The time to act is now. post, and our Nation’s farmers fortify (B) the safest and least costly approach to This legislation implements several our energy security. mitigating these risks is to set and achieve critical measures to help ensure the The bill has strong support from a aggressive biofuels research, development, widespread deployment and commer- broad coalition of agricultural pro- production and use goals; and

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12131 (C) significant investment in cellulosic empt from biobased purchasing requirements from biomass, or electric power derived in biofuels, including a dramatic expansion of of the Farm Security and Rural Investment connection with the conversion of biomass to existing research programs, production and Act of 2002; fuel. consumer incentives, and commercialization (16) expansion of those biobased purchasing ‘‘(4) BIOMASS.— assistance, is needed; requirements— ‘‘(A) IN GENERAL.—The term ‘biomass’ (2) the National Academy of Sciences has (A) to Federal contractors would signifi- means— found that there are abundant sources of cantly expand the market for, and advance ‘‘(i) organic material from a plant, includ- waste biomass, and approximately 280,000,000 commercialization of, biobased products; and ing grasses and trees, that is planted for the tons of waste biomass generated, in all re- (B) to the Architect of the Capitol would, purpose of being used to produce energy, in- gions of the United States each year; in combination with a program of public edu- cluding vegetation produced for harvest on (3) the Natural Resources Defense Council cation, allow the Capitol Complex to serve as land enrolled in the conservation reserve has estimated that by 2025, 200,000,000 addi- a showcase for the existence, use, and bene- program established under subchapter B of tional tons of biomass could be harvested fits of biobased products; chapter 1 of subtitle D of title XII of the each year from dedicated energy crops grown (17) fuel derived from cellulosic biomass Food Security Act of 1985 (16 U.S.C. 3831 et throughout the country, yielding could have near-zero net carbon dioxide and seq.) if the harvest is consistent with the in- $5,000,000,000 annually in profit for farmers; sulfur emissions, and substantially reduced tegrity of soil and water resources and with (4) the Department of Agriculture has esti- carbon monoxide, particulate and toxic other environmental purposes of the con- mated that energy derived from existing bio- emissions relative to petroleum-based fuels; servation reserve program; mass supplies could displace 25 percent of (18) the bipartisan National Commission on ‘‘(ii) nonhazardous, lignocellulosic, or current petroleum imports while still meet- Energy Policy has predicted that with a hemicellulosic matter derived from— ing agricultural demands; dedicated Federal research, development, ‘‘(I) the following forest-related resources: (5) if all diesel fuel in the United States and demonstration effort, cellulosic ethanol ‘‘(aa) pre-commercial thinnings; were blended with a 4-percent blend of bio- could be less expensive to produce than gaso- ‘‘(bb) slash; and diesel, crude oil consumption in the United line by 2015; ‘‘(cc) brush; States would be reduced by 300,000,000 barrels (19) the 2004 report of the Rocky Mountain ‘‘(II) an agricultural crop, crop byproduct, each year by 2016; Institute, entitled ‘‘Winning the Oil or agricultural crop residue, including vege- (6) there is sufficient domestic feedstock Endgame’’, estimated that a mature biomass tation produced for harvest on land enrolled for the production of at least 8,000,000,000 an- industry would create up to 1,045,000 jobs; in the conservation reserve program estab- nual gallons of renewable fuels, including (20) the National Academy of Sciences has lished under subchapter B of chapter 1 of ethanol and biodiesel, by 2012; found that there are significant opportuni- subtitle D of title XII of the Food Security (7) the Natural Resources Defense Council ties to produce biomass ethanol more effi- Act of 1985 (16 U.S.C. 3831 et seq.) if the har- has estimated that biomass could supply 50 ciently; vest is consistent with the integrity of soil percent of current transportation petroleum (21) the National Commission on Energy and water resources and with other environ- demand by 2050; Policy has found that current Federal pro- mental purposes of the conservation reserve (8) the National Academy of Sciences has grams directed toward reducing the cost of program; or estimated that enough agricultural crop res- biofuels are under-funded, intermittent, ‘‘(III) miscellaneous waste, including land- idue is produced each year to entirely re- scattered, and poorly targeted; scape or right-of-way tree trimmings; and place the 700,000,000 barrels of petroleum (22) a report commissioned by the Depart- ‘‘(iii) agricultural animal waste. used in organic chemical production in 2004; ment of Defense urged the United States to ‘‘(B) EXCLUSION.—The term ‘biomass’ does (9) the Biotechnology Industry Organiza- invest in a new large-scale initiative to not include— tion, in its report entitled ‘‘New Bio- produce biofuels as an alternative supply ‘‘(i) unsegregated municipal solid waste; technology Tools for a Cleaner Environ- source, and as a feedstock for future fuel ve- ‘‘(ii) incineration of municipal solid waste; ment’’, found that if all plastics in the hicles; ‘‘(iii) recyclable post-consumer waste United States were made from biomass, oil (23) the Consumer Federation of America paper and paper products; consumption would decrease by up to has found that the blending of ethanol into ‘‘(iv) painted, treated, or pressurized wood; 145,000,000 barrels per year; conventional gasoline can significantly ben- ‘‘(v) wood contaminated with plastic or (10) the National Academy of Sciences has efit consumers by lowering prices at the metals; or reported that biobased products have the po- pump; ‘‘(vi) tires.’’; and tential to improve the sustainability of nat- (24) 45 leading national security, labor, and (4) by inserting after paragraph (5) (as re- ural resources, environmental quality, and energy policy experts joined the Energy Fu- designated by paragraph (2)): national security while competing economi- ture Coalition in supporting a national com- ‘‘(6) DEMONSTRATION.—The term ‘dem- cally; mitment to cut the oil use of the United onstration’ means demonstration of tech- (11) the Department of Agriculture has States by 25 percent by 2025 through the nology in a pilot plant or semi-works scale made significant advances in the under- rapid development and deployment of ad- facility.’’. vanced biomass, alcohol, and other available standing and use by the United States of bio- SEC. 102. COOPERATION AND COORDINATION IN mass as a feedstock for fuels and products; petroleum fuel alternatives; and BIOMASS RESEARCH AND DEVELOP- (12) through participation with the Depart- (25) an aggressive effort to advance tech- MENT. ment of Energy in the Biomass Research and nology for conversion of biomass to fuel and Section 304 of the Biomass Research and Development Initiative, the Department of products is warranted. Development Act of 2000 (Public Law 106–224; Agriculture has also made valuable contribu- SEC. 3. DEFINITIONS. 7 U.S.C. 8101 note) is amended— tions, through grant-making and other ini- In this Act: (1) in subsections (a) and (d), by striking tiatives, to the support of biomass research (1) DEPARTMENT.—The term ‘‘Department’’ ‘‘industrial products’’ each place it appears and development at institutions throughout means the Department of Agriculture. and inserting ‘‘fuels and biobased products’’; the United States; (2) SECRETARY.—The term ‘‘Secretary’’ (2) by striking subsections (b) and (c); (13) the Government Accountability Office means the Secretary of Agriculture. (3) by redesignating subsection (d) as sub- has found that— TITLE I—BIOMASS RESEARCH AND section (b); and (A) actions to implement the requirements DEVELOPMENT (4) in subsection (b)(1)(A) (as redesignated of the Farm Security and Rural Investment SEC. 101. DEFINITIONS. by paragraph (3)), by striking ‘‘an officer of Act of 2002 (Public Law 107–171; 116 Stat. 134) Section 303 of the Biomass Research and the Department of Agriculture appointed by for purchasing biobased products have been Development Act of 2000 (Public Law 106–224; the President to a position in the Depart- limited; and 7 U.S.C. 8101 note) is amended— ment before the date of the designated, by (B) greater priority by the Department of (1) by striking paragraphs (2), (3), and (9); and with the advice and consent of the Sen- Agriculture would promote compliance by (2) by redesignating paragraphs (4), (5), (6), ate’’ and inserting: ‘‘the Assistant Secretary other agencies with biobased purchasing re- (7), and (8) as paragraphs (5), (7), (8), (9), and of Agriculture for Energy and Biobased Prod- quirements; (10) respectively; ucts’’. (14) an Assistant Secretary of the Depart- (3) by inserting after paragraph (1) the fol- SEC. 103. BIOMASS RESEARCH AND DEVELOP- ment of Agriculture for Energy and Biobased lowing: MENT BOARD. Products would provide the priority, staff, ‘‘(2) BIOBASED FUEL.—The term ‘biobased Section 305 of the Biomass Research and and financial resources to fully implement fuel’ means any transportation fuel produced Development Act of 2000 (Public Law 106–224; biobased purchasing requirements and other from biomass. 7 U.S.C. 8101 note) is amended— provisions of the energy title of the Farm ‘‘(3) BIOBASED PRODUCT.—The term (1) in subsections (a) and (c), by striking Security and Rural Investment Act of 2002; ‘biobased product’ means a commercial or ‘‘industrial products’’ each place it appears (15) Federal government contractors and industrial product (including chemicals, ma- and inserting ‘‘fuels and biobased products’’; the Architect of the Capitol are currently ex- terials, polymers, and animal feed) produced (2) in subsection (b)—

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12132 CONGRESSIONAL RECORD—SENATE June 9, 2005 (A) in paragraph (1), by striking technologies, including industrial bio- mal feeds, and cogenerated power) that even- ‘‘304(d)(1)(B)’’ and inserting ‘‘304(b)(1)(B)’’; technology, for their production’’; and tually can increase the feasibility of fuel and (2) by striking subsections (b) through (e) production in a biorefinery, including— (B) in paragraph (2), by striking and inserting the following: ‘‘(A) catalytic processing, including ‘‘304(d)(1)(A)’’ and inserting ‘‘304(b)(1)(A)’’; ‘‘(b) AGENCIES.— thermochemical fuel production; and ‘‘(1) AGRICULTURE.—The Secretary of Agri- ‘‘(B) metabolic engineering, enzyme engi- (3) in subsection (c)— culture, through the point of contact of the neering, and fermentation systems for bio- (A) in paragraph (1)(B), by striking ‘‘and’’ Department of Agriculture and in consulta- logical production of desired products or co- at the end; tion with the Board, shall provide, or enter generation of power; (B) in paragraph (2), by striking the period into, grants, contracts, and financial assist- ‘‘(C) product recovery; at the end and inserting a semicolon; and ance under this section through the Coopera- ‘‘(D) power production technologies; and (C) by adding at the end the following: tive State Research, Education, and Exten- ‘‘(E) integration into existing biomass ‘‘(3) ensure that— sion Service of the Department of Agri- processing facilities, including starch eth- ‘‘(A) solicitations are open and competitive culture. anol plants, paper mills, and power plants; with awards made annually; and ‘‘(2) ENERGY.—The Secretary of Energy, and ‘‘(B) objectives and evaluation criteria of though the point of contact of the Depart- ‘‘(4) analysis that provides strategic guid- the solicitations are clearly stated and mini- ment of Energy and in consultation with the ance for the application of biomass tech- mally prescriptive, with no areas of special Board, shall provide, or enter into, grants, nologies in accordance with realization of so- interest; and contracts, and financial assistance under cietal benefits in improved sustainability ‘‘(4) ensure that the panel of scientific and this section through the appropriate agency, and environmental quality, cost effective- technical peers assembled under section as determined by the Secretary of Energy. ness, security, and rural economic develop- 307(c)(2)(C) to review proposals is composed ‘‘(c) OBJECTIVES.—The objectives of the Ini- ment, usually featuring system-wide ap- predominantly of independent experts se- tiative are to develop— proaches. lected from outside the Departments of Agri- ‘‘(1) technologies and processes necessary ‘‘(f) ADDITIONAL CONSIDERATIONS.—Within culture and Energy.’’. for abundant commercial production of the technical areas described in subsection biobased fuels at prices competitive with fos- (e), and in addition to advancing the pur- SEC. 104. BIOMASS RESEARCH AND DEVELOP- poses described in subsection (d) and the ob- MENT TECHNICAL ADVISORY COM- sil fuels; jectives described in subsection (c), the Sec- MITTEE. ‘‘(2) high-value biobased products— retaries shall support research and develop- Section 306 of the Biomass Research and ‘‘(A) to enhance the economic viability of ment— Development Act of 2000 (Public Law 106–224; biobased fuels and power; and ‘‘(1) to create continuously expanding op- 7 U.S.C. 8101 note) is amended— ‘‘(B) as substitutes for petroleum-based portunities for participants in existing (1) in subsection (b)(1)— feedstocks and products; and biofuels production by seeking synergies and (A) in subparagraph (A), by striking ‘‘(3) a diversity of sustainable domestic continuity with current technologies and ‘‘biobased industrial products’’ and inserting sources of biomass for conversion to biobased practices, including the use of dried dis- ‘‘biofuels’’; fuels and biobased products. tillers grains as a bridge feedstock; (B) by redesignating subparagraphs (B) ‘‘(d) PURPOSES.—The purposes of the Initia- ‘‘(2) to maximize the environmental, eco- through (J) as subparagraphs (C) through tive are— nomic, and social benefits of production of (K), respectively; ‘‘(1) to increase the energy security of the biobased fuels and biobased products on a (C) by inserting after subparagraph (A) the United States; large scale through life-cycle economic and following: ‘‘(2) to create jobs and enhance the eco- environmental analysis and other means; ‘‘(B) an individual affiliated with the nomic development of the rural economy; and biobased industrial and commercial products ‘‘(3) to enhance the environment and public ‘‘(3) to assess the potential of Federal land industry;’’; health; and and land management programs as feedstock (D) in subparagraph (F) (as redesignated by ‘‘(4) to diversify markets for raw agricul- resources for biobased fuels and biobased subparagraph (B)) by striking ‘‘an indi- tural and forestry products. products, consistent with the integrity of vidual’’ and inserting ‘‘2 individuals’’; ‘‘(e) TECHNICAL AREAS.—To advance the ob- soil and water resources and with other envi- (E) in subparagraphs (C), (D), (G), and (I) jectives and purposes of the Initiative, the ronmental considerations. (as redesignated by subparagraph (B)) by Secretary of Agriculture and the Secretary ‘‘(g) ELIGIBLE ENTITIES.—To be eligible for striking ‘‘industrial products’’ each place it of Energy, in consultation with the Adminis- a grant, contract, or assistance under this appears and inserting ‘‘fuels and biobased trator of the Environmental Protection section, an applicant shall be— products’’; and Agency and heads of other appropriate de- ‘‘(1) an institution of higher education; (F) in subparagraph (H) (as redesignated by partments and agencies (referred to in this ‘‘(2) a national laboratory; subparagraph (B)), by inserting ‘‘and envi- section as the ‘Secretaries’), shall direct re- ‘‘(3) a Federal research agency; ronmental’’ before ‘‘analysis’’; search and development toward— ‘‘(4) a State research agency; (2) in subsection (c)(2)— ‘‘(1) feedstock production through the de- ‘‘(5) a private sector entity; (A) in subparagraph (A), by striking velopment of crops and cropping systems rel- ‘‘(6) a nonprofit organization; or ‘‘goals’’ and inserting ‘‘objectives, purposes, evant to production of raw materials for con- ‘‘(7) a consortium of 2 of more entities de- and considerations’’; version to biobased fuels and biobased prod- scribed in paragraphs (1) through (6). (B) by redesignating subparagraphs (B) and ucts, including— ‘‘(h) ADMINISTRATION.— (C) as subparagraphs (C) and (D), respec- ‘‘(A) development of advanced and dedi- ‘‘(1) IN GENERAL.—After consultation with tively; cated crops with desired features, including the Board, the points of contact shall— (C) by inserting after subparagraph (A) the enhanced productivity, broader site range, ‘‘(A) publish annually 1 or more joint re- following: low requirements for chemical inputs, and quests for proposals for grants, contracts, ‘‘(B) solicitations are open and competitive enhanced processing; and assistance under this section; with awards made annually and that objec- ‘‘(B) advanced crop production methods to ‘‘(B) establish a priority in grants, con- tives and evaluation criteria of the solicita- achieve the features described in subpara- tracts, and assistance under this section for tions are clearly stated and minimally pre- graph (A); research that advances the objectives, pur- scriptive, with no areas of special interest;’’; ‘‘(C) feedstock harvest, handling, trans- poses, and additional considerations of this and port, and storage; and title; (D) in subparagraph (C) (as redesignated by ‘‘(D) strategies for integrating feedstock ‘‘(C) require that grants, contracts, and as- subparagraph (B)) by inserting ‘‘predomi- production into existing managed land; sistance under this section be awarded com- nantly from outside the Departments of Ag- ‘‘(2) overcoming recalcitrance of cellulosic petitively, on the basis of merit, after the es- riculture and Energy’’ after ‘‘technical biomass through developing technologies for tablishment of procedures that provide for peers’’. converting cellulosic biomass into inter- scientific peer review by an independent SEC. 105. BIOMASS RESEARCH AND DEVELOP- mediates that can subsequently be converted panel of scientific and technical peers; and MENT INITIATIVE. into biobased fuels and biobased products, in- ‘‘(D) give some preference to applications Section 307 of the Biomass Research and cluding— that— Development Act of 2000 (Public Law 106–224; ‘‘(A) pretreatment in combination with en- ‘‘(i) involve a consortia of experts from 7 U.S.C. 8101 note) is amended— zymatic or microbial hydrolysis; and multiple institutions; (1) in subsection (a), by striking ‘‘research ‘‘(B) thermochemical approaches, includ- ‘‘(ii) encourage the integration of dis- on biobased industrial products’’ and insert- ing gasification and pyrolysis; ciplines and application of the best technical ing ‘‘research on, and development and dem- ‘‘(3) product diversification through tech- resources; and onstration of, biobased fuels and biobased nologies relevant to production of a range of ‘‘(iii) increase the geographic diversity of products, and the methods, practices and biobased products (including chemicals, ani- demonstration projects.

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‘‘(2) DISTRIBUTION OF FUNDING BY TECHNICAL ‘‘(3) outlines a strategic plan for achieving (6) evaluate the fuel costs to fuel cell car AREA.—Of the funds authorized to be appro- the objectives, purposes, and considerations owners (or hybrid electric car owners run- priated for activities described in this sec- of this title.’’; and ning on hydrogen) per mile driven compared tion— (4) in subsection (c) (as redesignated by to burning gasoline in conventional vehicles. ‘‘(A) 20 percent shall be used to carry out paragraph (2))— (c) ELECTRICAL GENERATION SECTOR OBJEC- activities for feedstock production under (A) in paragraph (1)— TIVES.—The objectives of the program in the subsection (e)(1); (i) in subparagraph (A), by striking ‘‘pur- rural electrical generation sector shall be ‘‘(B) 45 percent shall be used to carry out poses described in section 307(b)’’ and insert- to— activities for overcoming recalcitrance of ing ‘‘objectives, purposes, and additional (1) design, develop, and test low-cost gasifi- cellulosic biomass under subsection (e)(2); considerations described in subsections (c) cation equipment to convert biomass to hy- ‘‘(C) 30 percent shall be used to carry out through (f) of section 307’’; drogen at regional rural cooperatives, or at activities for product diversification under (ii) in subparagraph (B), by striking ‘‘and’’ businesses owned by farmers, close to agri- subsection (e)(3); and at the end; cultural operations to minimize the cost of ‘‘(D) 5 percent shall be used to carry out (iii) by redesignating subparagraph (C) as biomass transportation to large central gas- activities for strategic guidance under sub- subparagraph (D); and ification plants; section (e)(4). (iv) by inserting after subparagraph (B) the (2) demonstrate low-cost electrical genera- ‘‘(3) DISTRIBUTION OF FUNDING WITHIN EACH following: tion at such rural cooperatives or farmer- TECHNICAL AREA.—Within each technical area ‘‘(C) achieves the distribution of funds de- owned businesses, using renewable hydrogen described in paragraphs (1) through (3) of scribed in paragraphs (2) and (3) of section derived from biomass in either fuel cell gen- subsection (e)— 307(h); and’’; and erators, or, as an interim cost reduction op- ‘‘(A) 15 percent of funds shall be used for (B) in paragraph (2), by striking ‘‘indus- tion, in conventional internal combustion applied fundamentals; trial products’’ and inserting ‘‘fuels and engine gensets; ‘‘(B) 35 percent of funds shall be used for biobased products’’. (3) determine the economic return to co- operatives or other businesses owned by innovation; and SEC. 107. FUNDING. farmers of producing hydrogen from biomass ‘‘(C) 50 percent of funds shall be used for (a) FUNDING.—Section 310(a)(2) of the Bio- and selling electricity compared to agricul- demonstration. mass Research and Development Act of 2000 tural economic returns from producing and ‘‘(4) MATCHING FUNDS.— (Public Law 106–224; 7 U.S.C. 8101 note) is selling conventional crops alone; ‘‘(A) IN GENERAL.—A minimum 20 percent amended by striking ‘‘$14,000,000 for each of (4) evaluate the crop yield and long-term funding match shall be required for dem- fiscal years 2003 through 2007’’ and inserting soil sustainability of growing and harvesting onstration projects under this title. ‘‘$200,000,000 for each of fiscal years 2006 of feedstocks for biomass gasification, and ‘‘(B) NO OTHER REQUIREMENT.—No matching through 2010’’. (5) demonstrate the use of a portion of the funds shall be required for other activities (b) AUTHORIZATION OF APPROPRIATIONS.— biomass-derived hydrogen in various agricul- under this title. Section 310(b) of the Biomass Research and tural vehicles to reduce— ‘‘(5) TECHNOLOGY AND INFORMATION TRANS- Development Act of 2000 (Public Law 106–224; (A) dependence on imported fossil fuel; and FER TO AGRICULTURAL USERS.— 7 U.S.C. 8101 note) is amended by striking (B) environmental impacts. ‘‘title $54,000,000 for each of fiscal years 2002 ‘‘(A) IN GENERAL.—The Administrator of (d) AUTHORIZATION FOR APPROPRIATIONS.— the Cooperative State Research, Education, through 2007’’ and inserting‘‘title $200,000,000 There is authorized to be appropriated to and Extension Service and the Chief of the for fiscal year 2011 and each fiscal year carry out this section $5,000,000 for each of Natural Resources Conservation Service thereafter’’. fiscal years 2006 through 2010. shall ensure that applicable research results SEC. 108. TERMINATION OF AUTHORITY. TITLE II—PRODUCTION INCENTIVES and technologies from the Initiative are The Biomass Research and Development adapted, made available, and disseminated Act of 2000 (Public Law 106–224; 7 U.S.C. 8101 SEC. 201. PRODUCTION INCENTIVES. through those services, as appropriate. note) is amended by striking section 311. (a) PURPOSE.—The purpose of this section is to— ‘‘(B) REPORT.—Not later than 2 years after SEC. 109. BIOMASS-DERIVED HYDROGEN. (1) accelerate deployment and commer- the date of enactment of this paragraph, and (a) IN GENERAL.—The Secretary shall con- cialization of biofuels; every 2 years thereafter, the Administrator duct a research, development, and dem- (2) deliver the first 1,000,000,000 gallons of of the Cooperative State Research, Edu- onstration program focused on the economic cellulosic biofuels by 2015; cation, and Extension Service and the Chief production and use of hydrogen from (3) ensure biofuels produced after 2015 are of the Natural Resources Conservation Serv- biofuels, with emphasis on the rural trans- cost competitive with gasoline and diesel; ice shall submit to the committees of Con- portation and rural electrical generation and gress with jurisdiction over the Initiative a sectors. (4) ensure that small feedstock producers report describing the activities conducted by (b) TRANSPORTATION SECTOR OBJECTIVES.— and rural small businesses are full partici- The objectives of the program in the trans- the services under this subsection.’’. pants in the development of the cellulosic SEC. 106. REPORTS. portation sector shall be to— biofuels industry. Section 309 of the Biomass Research and (1) conduct research, and to develop and (b) DEFINITIONS.—In this section: Development Act of 2000 (Public Law 106–224; test processes and equipment, to produce (1) CELLULOSIC BIOFUELS.—The term ‘‘cellu- 7 U.S.C. 8101 note) is amended— low-cost liquid biobased fuels that can be losic biofuels’’ means any fuel that is pro- (1) in subsection (a)— transported to distant fueling stations for duced from cellulosic feedstocks. (A) in paragraph (2), by striking ‘‘indus- the production of hydrogen or for direct use (2) ELIGIBLE ENTITY.—The term ‘‘eligible trial product’’ and inserting ‘‘fuels and in conventional internal combustion engine entity’’ means a producer of fuel from cellu- biobased products’’; and vehicles; losic biofuels the production facility of (B) in paragraph (3), by striking ‘‘indus- (2) demonstrate the cost-effective produc- which— trial products’’ each place it appears and in- tion of hydrogen from liquid biobased fuels (A) is located in the United States; serting ‘‘fuels and biobased products’’; at the local fueling station, to eliminate the (B) meets all applicable Federal and State (2) by redesignating subsection (b) as sub- costs of transporting hydrogen long dis- permitting requirements; section (c); tances or building hydrogen pipeline net- (C) is to begin production of cellulosic (3) by inserting after subsection (a) the fol- works; biofuels not later than 3 years after the date lowing: (3) demonstrate the use of hydrogen de- of the reverse auction in which the producer ‘‘(b) ASSESSMENT REPORT AND STRATEGIC rived from liquid biobased fuels in fuel cell participates; and PLAN.—Not later than 1 year after the date vehicles, or, as an interim cost-reduction op- (D) meets any financial criteria estab- of enactment of the National Security and tion, in internal combustion engine hybrid lished by the Secretary. Bioenergy Investment Act of 2005, the Sec- electric vehicles, to demonstrate sustainable (c) PROGRAM.— retary and the Secretary of Energy shall transportation with significantly reduced (1) ESTABLISHMENT.—The Secretary, in jointly submit to Congress a report that— local air pollution, greenhouse gas emis- consultation with the Secretary of Energy, ‘‘(1) describes the status and progress of sions, and dependence on imported fossil the Secretary of Defense, and the Adminis- current research and development efforts in fuels; trator of the Environmental Protection both the Federal Government and private (4) evaluate the economic return to agri- Agency, shall establish an incentive program sector in achieving the objectives, purposes, cultural producers producing feedstocks for for the production of cellulosic biofuels. and considerations of this title, specifically liquid biobased fuels compared to agricul- (2) BASIS OF INCENTIVES.—Under the pro- addressing each of the technical areas identi- tural producer returns as of the date of en- gram, the Secretary shall award production fied in section 307(e); actment of this Act; incentives on a per gallon basis of cellulosic ‘‘(2) describes the actions taken to imple- (5) evaluate the crop yield and long-term biofuels from eligible entities, through— ment the improvements directed by this soil sustainability of growing and harvesting (A) set payments per gallon of cellulosic title; and feedstocks for liquid biobased fuels; and biofuels produced in an amount determined

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by the Secretary, until initiation of the first TITLE III—ASSISTANT SECRETARY OF AG- ‘‘(j) INCLUSION.—Not later than 90 days reverse auction; and RICULTURE FOR ENERGY AND after the date of enactment of the National (B) reverse auction thereafter. BIOBASED PRODUCTS Security and Bioenergy Investment Act of (3) FIRST REVERSE AUCTION.—The first re- SEC. 301. ASSISTANT SECRETARY OF AGRI- 2005, the Architect of the Capitol, the Ser- verse auction shall be held on the earlier of— CULTURE FOR ENERGY AND geant of Arms of the Senate, and the Chief (A) not later than 1 year after the first BIOBASED PRODUCTS. Administrative Officer of the House of Rep- year of annual production in the United (a) ESTABLISHMENT.—Not later than 1 year resentatives shall issue regulations that States of 100,000,000 gallons of cellulosic after the date of enactment of this Act, the apply the requirements of this section to biofuels, as determined by the Secretary; or Secretary shall establish in the Department procurement for the Capitol Complex.’’. (B) not later than 3 years after the date of a position of Assistant Secretary of Agri- SEC. 403. EDUCATION . enactment of this Act. culture for Energy and Biobased Products (a) IN GENERAL.—The Architect of the Cap- (4) REVERSE AUCTION PROCEDURE.— (referred to in this section as the ‘‘Assistant itol shall establish in the Capitol Complex a (A) IN GENERAL.—On initiation of the first Secretary’’). program of public education regarding use by reverse auction, and each year thereafter (b) RESPONSIBILITIES.—The Assistant Sec- the Architect of the Capitol of biobased prod- until the earlier of the first year of annual retary shall be responsible for— ucts. (1) the energy programs established under production in the United States of (b) PURPOSES.—The purposes of the pro- 1,000,000,000 gallons of cellulosic biofuels, as title IX of the Farm Security and Rural In- gram shall be— determined by the Secretary, or 10 years vestment Act of 2002 (7 U.S.C. 8101 et seq.); (1) to establish the Capitol Complex as a after the date of enactment of this Act, the and showcase for the existence and benefits of Secretary shall conduct a reverse auction at (2) all other programs and initiatives that biobased products; and which— the Secretary considers appropriate. (2) to provide access to further information (i) the Secretary shall solicit bids from eli- (c) CONFIRMATION REQUIREMENT.—The As- on biobased products to occupants and visi- gible entities; sistant Secretary shall be appointed by the tors. (ii) eligible entities shall submit— President, by and with the advice and con- SEC. 404. REGULATIONS. (I) a desired level of production incentive sent of the Senate. on a per gallon basis; and (d) PERSONNEL.—The Secretary, acting Requirements issued under the amendment (II) an estimated annual production through the Assistant Secretary, may trans- made by section 402 shall be made in accord- amount in gallons; and fer or assign work to personnel, or assign ance with regulations issued by the Com- (iii) the Secretary shall issue awards for staff hours, on a permanent or a part-time mittee on Rules and Administration of the the production amount submitted, beginning basis, as needed, to the Office of the Assist- Senate and the Committee on House Admin- istration of the House of Representatives. with the eligible entity submitting the bid ant Secretary to carry out the functions and for the lowest level of production incentive duties of the office. TITLE V—BIOECONOMY GRANTS AND TAX on a per gallon basis, until the amount of (e) BUDGET.—The Secretary shall establish INCENTIVES a budget for the office of the Assistant Sec- funds available for the reverse auction is SEC. 501. SMALL BUSINESS BIOPRODUCT MAR- committed. retary. KETING AND CERTIFICATION (B) AMOUNT OF INCENTIVE RECEIVED.—An el- TITLE IV—PROCUREMENT OF BIOBASED GRANTS. igible entity selected by the Secretary PRODUCTS (a) IN GENERAL.—Using amounts made through a reverse auction shall receive the SEC. 401. FEDERAL PROCUREMENT. available under subsection (g), the Secretary amount of performance incentive requested (a) DEFINITION OF PROCURING AGENCY.—Sec- shall make available on a competitive basis in the auction for each gallon produced and tion 9001 of the Farm Security and Rural In- grants to eligible entities described in sub- sold by the entity during the first 6 years of vestment Act of 2002 (7 U.S.C. 8101) is amend- section (b) for the biobased product mar- operation. ed— keting and certification purposes described (d) LIMITATIONS.—Awards under this sec- (1) by redesignating paragraphs (4), (5), and in subsection (c). tion shall be limited to— (6) as paragraphs (5), (6), and (7), respec- (b) ELIGIBLE ENTITIES.—An entity eligible (1) a per gallon amount determined by the tively; and for a grant under this section is any manu- Secretary during the first 4 years of the pro- (2) by inserting after paragraph (3) the fol- facturer of biobased products that— gram; lowing: (1) has fewer than 50 employees; (2) a declining per gallon cap over the re- ‘‘(4) PROCURING AGENCY.—The term ‘pro- (2) proposes to use the grant for the maining lifetime of the program, to be estab- curing agency’ means— biobased product marketing and certifi- lished by the Secretary so that cellulosic ‘‘(A) any Federal agency that is using Fed- cation purposes described in subsection (c); biofuels produced after the first year of an- eral funds for procurement; or and nual cellulosic biofuels production in the ‘‘(B) any person contracting with any Fed- (3) has not previously received a grant United States in excess of 1,000,000,000 gal- eral agency with respect to work performed under this section. lons are cost competitive with gasoline and under the contract.’’. (c) BIOBASED PRODUCT MARKETING AND CER- diesel; (b) PROCUREMENT.—Section 9002 of the TIFICATION GRANT PURPOSES.—A grant made (3) not more than 25 percent of the funds Farm Security and Rural Investment Act of under this section shall be used— committed within each reverse auction to 2002 (7 U.S.C. 8102) is amended— (1) to plan activities and working capital any 1 project; (1) by striking ‘‘Federal agency’’ each for marketing of biobased products; and (4) not more than $100,000,000 in any 1 year; place it appears (other than in subsections (f) (2) to provide private sector cost sharing and and (g)) and inserting ‘‘procuring agency’’; for the certification of biobased products. (5) not more than $1,000,000,000 over the (2) in subsection (c)(2)— (d) MATCHING FUNDS.— lifetime of the program. (A) by striking ‘‘(2)’’ and all that follows (1) IN GENERAL.—Grant recipients shall pro- through ‘‘Notwithstanding’’ and inserting vide matching non-Federal funds equal to (e) PRIORITY.—In selecting a project under the following: the amount of the grant received. the program, the Secretary shall give pri- ‘‘(2) FLEXIBILITY.—Notwithstanding’’; (2) EXPENDITURE.—Matching funds shall be ority to projects that— (B) by striking ‘‘an agency’’ and inserting expended in advance of grant funding, so (1) demonstrate outstanding potential for ‘‘a procuring agency’’; and that for every dollar of grant that is ad- local and regional economic development; (C) by striking ‘‘the agency’’ and inserting vanced, an equal amount of matching funds (2) include agricultural producers or co- ‘‘the procuring agency’’; shall have been funded prior to submitting operatives of agricultural producers as eq- (3) in subsection (d), by striking ‘‘procured the request for reimbursement. uity partners in the ventures; and by Federal agencies’’ and inserting ‘‘pro- (e) AMOUNT.—A grant made under this sec- (3) have a strategic agreement in place to cured by procuring agencies’’; and tion shall not exceed $100,000. fairly reward feedstock suppliers. (4) in subsection (f), by striking ‘‘Federal (f) ADMINISTRATION.—The Secretary shall (f) FUNDING.— agencies’’ and inserting ‘‘procuring agen- establish such administrative requirements (1) IN GENERAL.—The Secretary shall use to cies’’ . for grants under this section, including re- carry out this title $250,000,000 of funds of the SEC. 402. CAPITOL COMPLEX PROCUREMENT. quirements for applications for the grants, Commodity Credit Corporation, to remain Section 9002 of the Farm Security and as the Secretary considers appropriate. available until expended. Rural Investment Act of 2002 (7 U.S.C. 8102) (g) AUTHORIZATIONS OF APPROPRIATIONS.— (2) AUTHORIZATIONS OF APPROPRIATIONS.—In (as amended by section 401(b)) is amended— There are authorized to be appropriated to addition to amounts made available under (1) by redesignating subsection (j) as sub- make grants under this section— paragraph (1), there are authorized to be ap- section (k); and (1) $1,000,000 for fiscal year 2006; and propriated such sums as are necessary to (2) by inserting after subsection (i) the fol- (2) such sums as are necessary for fiscal carry out this section. lowing: year 2007 and each subsequent fiscal year.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12135 SEC. 502. REGIONAL BIOECONOMY DEVELOP- courage investment in, and production and products by Federal agencies and all Federal MENT GRANTS. use of, biobased fuels and biobased products government contractors. Biobased products (a) IN GENERAL.—Using amounts made through— represent a large potential growth market available under subsection (g), the Secretary (1) an investment tax credit for the con- for corn and soybean growers in areas such shall make available on a competitive basis struction or modification of facilities for the as plastics, solvents, packaging and other grants to eligible entities described in sub- production of fuels from cellulose biomass, consumer goods to provide markets for U.S.- section (b) for the purposes described in sub- to drive private capital towards new bio- grown crops. The biobased product industry section (c). refinery projects in a manner that allows has already started to grow, bringing new (b) ELIGIBLE ENTITIES.—An entity eligible participation by smaller farms and coopera- products to consumers, new markets to for a grant under this section is any regional tives; and growers and new investments to our commu- bioeconomy development association, agri- (2) an investment tax credit to small man- nities. cultural or energy trade association, or Land ufacturers of biobased products to lower the The procurement of biobased products pro- Grant institution that— capital costs of starting and maintaining a motes energy and environmental security. (1) proposes to use the grant for the pur- biobased business. Products made from corn and soybeans could poses described in subsection (c); and TITLE VI—OTHER PROVISIONS replace a variety of items currently pro- (2) has not previously received a grant duced from petroleum, and aid in reducing SEC. 601. EDUCATION AND OUTREACH. under this section. dependence on imported oil. Already the pro- (a) IN GENERAL.—The Secretary shall es- (c) REGIONAL BIOECONOMY DEVELOPMENT duction of ethanol and biodiesel reduces im- tablish, within the Department or through ASSOCIATION GRANT PURPOSES.—A grant ports by more than 140 million barrels of oil. an independent contracting entity, a pro- made under this section shall be used to sup- The production of biobased products gen- gram of education and outreach on biobased port and promote the growth and develop- erates less greenhouse gas than traditional fuels and biobased products consisting of— ment of the bioeconomy within the region petroleum-based items. There are also tre- (1) training and technical assistance pro- served by the eligible entity, through coordi- mendous opportunities for grower-owned grams for feedstock producers to promote nation, education, outreach, and other en- processing facilities and rural American and producer ownership, investment, and partici- deavors by the eligible entity. agriculture as a whole. New jobs and invest- (d) MATCHING FUNDS.— pation in the operation of processing facili- ments will be brought into rural commu- (1) IN GENERAL.—Grant recipients shall pro- ties; and nities, as new processing and manufacturing vide matching non-Federal funds equal to (2) public education and outreach to famil- facilities move into those communities to be the amount of the grant received. iarize consumers with the biobased fuels and near renewable feed stocks. (2) EXPENDITURE.—Matching funds shall be biobased products. NCGA, ASA and RFA applaud your contin- expended in advance of grant funding, so (b) AUTHORIZATION OF APPROPRIATIONS.— ued efforts to promote the use of biobased that for every dollar of grant that is ad- There is authorized to be appropriated to products that will encourage the develop- vanced, an equal amount of matching funds carry out this title $1,000,000 for each of fis- ment of new markets for corn and soybeans shall have been funded prior to submitting cal years 2006 through 2010. and ultimately help to revitalize rural the request for reimbursement. SEC. 602. REPORTS. economies and the agriculture industry as a (e) ADMINISTRATION.—The Secretary shall (a) PROGRESS REPORT.—Not later than 1 establish such administrative requirements whole. We have been avid supporters of the year after the date of enactment of this Act, biobased products industry, and we look for- for grants under this section, including re- the Secretary shall submit to the Committee quirements for applications for the grants, ward to working with you as you continue to on Agriculture of the House of Representa- provide vision and direction for this emerg- as the Secretary considers appropriate. tives and the Committee on Agriculture, Nu- (f) AMOUNT.—A grant made under this sec- ing industry. trition, and Forestry of the Senate a report Sincerely, tion shall not exceed $500,000. on progress in establishing the Office of the (g) AUTHORIZATIONS OF APPROPRIATIONS.— LEON CORZINE, Assistant Secretary of Agriculture for En- There are authorized to be appropriated to President, National ergy and Biobased Products under title I. make grants under this section— Corn Growers Asso- (b) BIOBASED PRODUCT POTENTIAL.—Not (1) $1,000,000 for fiscal year 2006; and ciation. later than 1 year after the date of enactment (2) such sums as are necessary for fiscal NEAL BREDEHOEFT, of this Act, the Secretary shall submit to the year 2007 and each subsequent fiscal year. President, American Committee on Agriculture of the House of Soybean Associa- SEC. 503. PREPROCESSING AND HARVESTING Representatives and the Committee on Agri- DEMONSTRATION GRANTS. tion. culture, Nutrition, and Forestry of the Sen- (a) IN GENERAL.—The Secretary shall make BOB DINNEEN, ate a report that— grants available on a competitive basis to President, Renewable (1) describes the economic potential for the enterprises owned by agricultural producers, Fuels Association. United States of the widespread production for the purposes of demonstrating cost-effec- and use of commercial and industrial tive, cellulosic biomass innovations in— GOVERNORS’ ETHANOL COALITION, biobased products through calendar year (1) preprocessing of feedstocks, including Lincoln, NE, June 9, 2005. 2025; and cleaning, separating and sorting, mixing or Hon. TOM HARKIN, (2) as the maximum extent practicable, blending, and chemical or biochemical treat- Hart Senate Office Building, identifies the economic potential by product ments, to add value and lower the cost of Washington, DC. area. feedstock processing at a biorefinery; or Hon. BARACK OBAMA, (c) ANALYSIS OF ECONOMIC INDICATORS.— (2) 1-pass or other efficient, multiple crop Hart Senate Office Building, Not later than 2 years after the date of en- harvesting techniques. Washington, DC. actment of this Act, and every 2 years there- (b) LIMITATIONS ON GRANTS.— Hon. RICHARD LUGAR, after, the Secretary shall submit to Congress (1) NUMBER OF GRANTS.—Not more than 5 Hart Senate Office Building, demonstration projects per fiscal year shall an analysis of economic indicators of the Washington, DC. be funded under this section. biobased economy during the 2-year period Hon. NORM COLEMAN, preceding the analysis. (2) NON-FEDERAL COST SHARE.—The non- Hart Senate Office Building, Federal cost share of a project under this Washington, DC. section shall be not less than 20 percent, as JUNE 9, 2005. DEAR SENATORS: On behalf of the thirty determined by the Secretary. HON. TOM HARKIN, members of the Governors’ Ethanol Coali- (c) CONDITION OF GRANT.—To be eligible for U.S. Senate, tion, we strongly support and endorse the a grant for a project under this section, a re- Washington, DC. National Security and Bioenergy Investment cipient of a grant or a participating entity HON. RICHARD LUGAR, Act of 2005, as well as your efforts to expand shall agree to use the material harvested U.S. Senate, development of other biofue1s and co-prod- under the project— Washington, DC. ucts. The Governors’ Ethanol Coalition is (1) to produce ethanol; or Re: the National Security and Bioenergy In- pleased that this bill embodies the rec- (2) for another energy purpose, such as the vestment Act of 2005. ommendations developed by the Coalition in generation of heat or electricity. DEAR SENATORS HARKIN AND LUGAR: The Ethanol From Biomass, America’s 21st Cen- (d) AUTHORIZATION FOR APPROPRIATIONS.— National Corn Growers Association (NCGA), tury Transportation Fuel. When signed into There is authorized to be appropriated to the American Soybean Association (ASA), law, this act will catalyze needed research, carry out this section $5,000,000 for each of and the Renewable Fuels Association are production, and use of biofue1s and bio-based fiscal years 2006 through 2010. writing to express our support for the Na- products, thereby enhancing our economic, SEC. 504. SENSE OF THE SENATE. tional Security and Bioenergy Investment environmental, and national security. It is the sense of the Senate that Congress Act of 2005. In particular, we strongly sup- The Coalition believes that the nation’s de- should amend the Federal tax code to en- port the increased procurement of biobased pendency on imported oil presents a huge

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risk to this country’s future. The combina- BIOTECHNOLOGY INDUSTRY lion gallons of cellulosic biofuels. The pro- tion of political tensions in major oi1-pro- ORGANIZATION, duction incentives approach taken by the ducing nations with growing oil demand Washington, DC, June 8, 2005. bill—a combination of fixed incentives per from China and India is seriously threat- Hon. TOM HARKIN, gallon at first, switching over to a reverse ening our national security. Moreover, as we Ranking Democratic Member. auction—will maximize the development of import greater amounts of oil each year, we Hon. RICHARD LUGAR, cellulosic biofuels production while mini- are draining more and more of the wealth Member, U.S. Senate Committee on Agriculture, mizing the cost to taxpayers. In addition, the bill creates an Assistant from our states. Nutrition and Forestry, Russell Senate Of- fice Building, Washington, DC. Secretary of Agriculture for Energy and The key provisions contained in your bill DEAR SENATORS HARKIN AND LUGAR: The Biobased Products. Coupled with the bill’s bring focus and resources to biomass-derived Biotechnology Industry Organization (BIO) development grants, tax incentives, biobased ethanol research and commercialization ef- Industrial and Environmental Section fully product procurement provisions, and edu- forts. The result, over time, will be the re- supports the National Security and Bio- cational program, the bill would make a placement of significant amounts of im- energy Investment Act of 2005. We greatly huge contribution to developing a sustain- ported oil with domestically produced fuels— appreciate your vision and initiative to ex- able biobased economy, reducing our oil de- improving our rural economies, cleaning our pand the Biomass Research and Development pendence and improving our national secu- rity. air, and contributing to our national secu- Act and to create new incentives to produce The technologies advanced by this bill will rity. Of particular importance is the bill’s biofuels and biobased products. America’s growing dependence on foreign undoubtedly make important contributions aim to broaden ethanol production to in- to reducing our global warming pollution clude all regions of the nation so that many energy is eroding our national security. We must take steps to drastically increase pro- and the air and water pollution that comes more states will reap the benefits of biofuels. duction of domestic energy. As an active par- from our dependence on fossil fuels. We are Again, thank you for inclusion of the Coa- ticipant in the Energy Future Coalition, BIO concerned, however, that the eligibility pro- lition’s recommendations in this landmark believes this country needs a major new ini- visions for forest biomass do not exclude sen- legislation. Please let us know how the Coa- tiative to more aggressively research, de- sitive areas that need protecting, including lition can help with the passage of this very velop and deploy advanced biofuels tech- roadless areas, old growth forests, and other endangered forests, and do not restrict eligi- important legislation. The continued expan- nologies. With sufficient government sup- bility to renewable sources or prohibit pos- sion of ethanol production and use, particu- port, we can meet up to 25% of our transpor- tation fuel needs by converting farm crops sible conversion of native forests to planta- larly biomass-derived fuels, and the accom- tions. We know that you do not want to see panying economic growth and environmental and crop residues to transportation fuel. The National Security and Bioenergy In- this admirable legislation applied in ways benefits for our states is essential to the na- that exploit these features, and will be happy tion’s long-term economic vitality and na- vestment Act of 2005 will boost the use of in- dustrial biotechnology to produce fuels and to work with you in the future to take any tional security. biobased products from renewable agricul- steps needed if abuses arise. Sincere1y, tural feedstocks. With the use of new biotech Sincerely, TIM PAWLENTY, tools, we can now utilize millions of tons of KAREN WAYLAND, Chair, Governor of crop residues, such as corn stover and wheat Legislative Director. Minnesota. straw, to produce sugars that can then be KATHLEEN SEBELIUS, ENVIRONMENTAL LAW AND converted to ethanol, chemicals and bio- Vice Chair, Governor POLICY CENTER, based plastics. These biotech tools can only of Kansas. Chicago, IL, June 8, 2005. be rapidly deployed if federal policy makers Hon. TOM HARKIN, take steps to help our innovative companies Hon. RICHARD G. LUGAR, ENERGY FUTURESM COALITION, get over the initial hurdles they face during U.S. Senate, Washington, DC, June 8, 2005. the commercialization phase of bioenergy Washington, DC. Hon. TOM HARKIN, production and your bill will help get that DEAR SENATORS HARKIN AND LUGAR: The Hon. RICHARD G. LUGAR, job done. Environmental Law and Policy Center U.S. Senate, We are pleased to endorse this visionary (‘‘ELPC’’) is pleased to support the National Washington, DC. legislation. Security and Bioenergy Investment Act of Sincerely, DEAR SENATORS HARKIN AND LUGAR: On be- 2005, and we commend you for your leader- half of the Energy Future Coalition, I am BRENT ERICKSON, ship and vision in introducing this legisla- Executive Vice Presi- writing to commend your leadership and vi- tion. This bill would accelerate research, de- dent, Biotechnology sion in drafting the National Security and velopment, demonstration and production ef- Industry Organiza- Bioenergy Investment Act of 2005. forts for energy from farm crops in the tion. United States, especially cellulosic ethanol. In our judgment, America’s growing de- It also will expand and prioritize the United pendence on foreign oil endangers our na- NATURAL RESOURCES DEFENSE COUNCIL, States Department of Agriculture’s leader- tional and economic security. We believe the Washington, DC, June 7, 2005. ship responsibilities to promote clean and Federal government should undertake a DEAR SENATORS HARKIN AND LUGAR: The sustainable energy development, and it will major new initiative to curtail U.S. oil con- Natural Resources Defense Council strongly increase procurement of biobased products. sumption through improved efficiency and supports the National Security and Bio- By significantly expanding the develop- the rapid development and deployment of ad- energy Investment Act of 2005, which you in- ment and production of clean energy ‘‘cash vanced biomass, alcohol and other available troduced today. This important bill would crops,’’ this legislation will improve our en- petroleum fuel alternatives. expand and refine research, development, vironmental quality, stimulate significant demonstration and deployment efforts for rural economic development, and strengthen With such a push, we believe domestic the production of energy from crops grown our national energy security. ELPC also ap- biofuels can cut the nation’s oil use by 25 by farmers here in America. The bill would preciates that this legislation reflects your percent by 2025, and substantial further re- also expand and improve the Department of longstanding support for farm-based sustain- ductions are possible through efficiency Agriculture’s efforts to promote a biobased able energy programs. ELPC strongly sup- gains from advanced technologies. That is an economy, federal bio-energy and bio-product ported your successful efforts to create the ambitious goal, but it is also an extraor- purchasing requirements, and federal edu- new Energy Title in the 2002 Farm Bill, dinary opportunity for American leadership, cational efforts. which established groundbreaking new fed- innovation, job creation, and economic The Research and Development (R&D) title eral incentives for renewable energy and en- growth. of this bill continues your tradition of lead- ergy efficiency, while renewing existing pro- ership in this area by updating the Biomass grams such as the Biomass Research and De- You took an important step forward by in- Research and Development Act of 2000, which velopment Act of 2000. troducing S. 650, the Fuels Security Act, in- you also crafted. This title will not only ex- The National Security and Bioenergy In- corporated into the Senate energy bill dur- tend the provisions of the original bill and vestment Act of 2005 is a natural com- ing Committee markup. This legislation is greatly increase the funding for these provi- plement to the 2002 Farm Bill Energy Title another important step, authorizing the ad- sions, it will also refine the direction of this programs, and it will help to strengthen sup- ditional research and development and fed- funding. Taken together, these changes port for the right bioenergy production pro- eral incentives needed to accelerate the maximize the impacts of R&D on the great- grams in the 2007 Farm Bill. Accordingly, adoption of biobased fuels and coproducts. est challenges facing cellulosic biofuels ELPC is pleased to support this legislation. We are pleased to support it. today. Very truly yours, Sincerely, Your bill also creates extremely important HOWARD A. LEARNER, REID DETCHON. production incentives for the first one bil- Executive Director.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12137 INSTITUTE FOR LOCAL SELF-RELIANCE, technology companies, generating over chips Americans will use in our com- Washington, DC, June 6, 2005. $22 billion annually in gross revenues, puters and home entertainment centers Hon. TOM HARKIN, and employing a high technology work next holiday season. The chips de- U.S. Senate, force exceeding 100,000. This science signed at Intel’s Bangalore center are Washington, DC. DEAR SENATOR TOM HARKIN: Congratula- park is bounded by two universities fabricated at their plant in Albu- tions on your bill, National Security and and contains six national laboratories. querque. The tables have turned rather Bioenergy Investment Act of 2005. It is a Taiwan is now building science parks dramatically. We used to design the breakthrough piece of legislation. Your well- in the middle and south of the island to chips here and then they were manu- conceived bill, combining needed executive concentrate on other fields such as factured overseas. branch changes, welcome increases in re- nanoscience, optoelectronics, and bio- When I visited Infosys, one of India’s search and development funding and innova- technology. These parks are the result largest software companies, I was ad- tive commercialization techniques, can move vised that in 2004 they received 1.2 mil- the use of plants as a fuel and industrial ma- of a number of carefully crafted gov- terial from the margins of the economy to ernment policies and incentives deal- lion on-line employment applications, the mainstream. I urge everyone with an in- ing with taxes, real estate, and funda- gave a standardized test to 300,000 job terest in our environmental, agricultural mental research. In the area of tech- seekers interviewed 30,000, and then and economic future to support this bill. nology transfer, the Taiwan govern- hired 10,000. They expect to repeat this Sincerely, ment helped set up the world famous same process again this year, which il- DAVID MORRIS, Industrial Technology Research Insti- lustrates the deep pool of well trained Vice President. tute (ITRI) which has over 5,000 sci- talent that India has available. A num- ber of the India’s leading biotech entre- By Mr. BINGAMAN: entists working to spin out laboratory S. 1211. A bill to establish an Office of ideas across the ‘‘valley of death’’ into preneurs I visited with told me they Foreign Science and Technology As- new industries. Remarkably, the two weren’t so much afraid of losing talent sessment to enable the United States chip foundry companies which now to the U.S. as they were to Singapore, to effectively analyze trends in foreign control 70 percent of the world’s found- with its burgeoning government invest- science and technology, and for other ry market were launched from ITRI. As ments in biotechnology. Similar to Taiwan, the National purposes; to the Committee on Foreign a result of this rapid economic growth, Academy report also documents a rapid Relations. Taiwan’s technical universities are Mr. BINGAMAN. Mr. President—I now world class with their own excel- drop in Indian student applications to rise today to introduce a bill that lent graduate programs. The reason U.S. graduate schools. India’s rapidly developing economy encourages the would establish a capability within the they are side-by-side with these large best and brightest students to stay State Department Science Advisor’s science parks is to supply a steady home and study in India rather than Office to assess science and technology stream of talented researchers. consider U.S. graduate schools. For the outside the United States. Recently, our National Academy of Over the past two years I have trav- Sciences noted in its report, ‘‘Inter- past 20 years, we have relied on this in- eled to Taiwan, China and India to bet- national Graduate Students and flux of the cream of the academic crop ter understand why these developing Postdoctoral Scholars,’’ that Taiwan’s I from India and Taiwan to form the countries’ economies were growing so domestic economic growth has led to high-tech startup companies of Silicon Valley. rapidly. I learned that in all cases the fewer Taiwanese students applying to The stark question before us—wheth- primary reason for their robust growth U.S. graduate schools. For the past two er it involves India, Taiwan, China, or decades, Taiwan’s students were the was the emergence of a well-trained Singapore is: are we missing the bigger core supply of talent in our innovative science and engineering workforce that picture? By the time we realize we science and engineering graduate tied directly into their highly competi- have a problem in innovation and our school programs. Of equal concern, the tive innovation economies. investments in science and engineering For instance, Taiwan now leads the successful Taiwanese scholars who at- investments, will it be too late? Will world in general purpose foundry com- tended graduate school in the United these Pacific Rim countries have puter chip facilities, controlling about States 20 or 30 years ago are now re- climbed past us up the value chain, and 70 percent of the world market. A re- turning home and giving back their will they be able to produce equally in- cent Defense Science Board Report en- professional wisdom to advance on novative high technology product at titled ‘‘High Performance Microchip their birth country’s high-technology far cheaper costs? Supply’’ notes that by the end of 2005 leadership. The bill I am introducing today, may there will be 59 300mm chip fabrication This same story holds true for India. be small, but the consequences are plants with only 16 of these located in My visit there this January yielded enormous. This measure proposes to the United States. The number of U.S. similar observations on their rapidly authorize a capability in the office of plants has remained constant for the developing high technology sector. the Science Advisor to the Secretary of past two years, so as the number of Since 1990, India has invested in the de- State to conduct assessments of the Asian foundries has risen, the share of velopment of software and technology science and technology capabilities in these advanced chip making facilities parks and currently has over 40 spread other countries such as India, China has declined from 30 to 20 percent. This throughout the country. These parks and Taiwan. report also notes that capital expendi- were responsible for much of the high The director of this office will report tures in the U.S. chip industry has fall- technology development in software to the Secretary of State’s Science Ad- en from a high of 42 percent in 2001 to and biotechnology. Indeed, multi- visor. The office will to the maximum 33 percent in 2004. Conversely, Taiwan’s national companies such as Intel, extent possible utilize firms that can investment has increased from 15 per- Microsoft and GE have built large re- conduct science and technology assess- cent in 2002 to 20 percent of the world’s search centers there to tap into the in- ments in the country of interest to capital expenditure in chip facilities tellectual power educated at the Indian minimize and augment the federal and now leads Korea, Japan, and Eu- Institutes of Technology and the In- staff. That is why I have proposed giv- rope. dian Institute of Science. GE’s Jack ing the office generous contracting au- There is a good explanation as to Welch R&D Center in Bangalore has thorities with respect to soliciting con- why countries such as Taiwan are rap- 2,300 Ph.D.’s conducting research in all tracts and disbursing funds so that it idly rising in the high-technology aspects of their product lines. India’s may move quickly to gather informa- world. Since 1984 Taiwan has made GE center now directs their plastics tion on certain topics so that we as a steady increases in their investments plant in Indiana on how to operate nation are not caught by surprise by an in the building of science based re- more efficiently in real time over the advance in a high technology area. search parks. Hsinchu, their flagship internet. Intel’s research center has Additionally, this legislation author- science park, now has over 324 high 2,000 product engineers designing the izes a Foreign Science and Technology

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12138 CONGRESSIONAL RECORD—SENATE June 9, 2005 Assessment Panel whose purpose is to necessary to prepare an assessment of for- the production of steel. The Mackinaw look over the horizon and choose topics eign science and technology, the Secretary has provided 60 years of outstanding and technologies to assess, as well as of State may utilize individuals and enter service to the communities and com- to evaluate the timeliness and quality into contracts or other arrangements to ac- mercial enterprises of the Great Lakes. quire needed expertise with any agency or The Mackinaw was a state of the art of the reports generated. These reports instrumentality of the United States, with are to be publicly available, benefiting any State, territory, possession, or any po- ice breaker ideally suited for the Great not only our government by ensuring litical subdivision thereof, or with any per- Lakes because of her shallower draft, the nation’s leadership in science and son, firm, association, corporation, or edu- wider beam, and longer length than the engineering, but also our private sec- cational institution, with or without reim- polar ice breakers that her design was tor, especially those high technology bursement, and without regard to section based on. These attributes enable the firms that must successfully compete 3709 of the Revised Statutes (41 U.S.C. 5) or Mackinaw to break a 70 foot wide chan- in a fierce global market. The panel section 3324 of title 31, United States Code. nel through 4 feet of solid blue ice to SEC. 3. FOREIGN SCIENCE AND TECHNOLOGY AS- accommodate the largest of the Great members, to be selected by the Sec- SESSMENT PANEL. retary of State in consultation with Lakes ore carriers. She has also plowed (a) ESTABLISHMENT.—The Secretary of through a remarkable 37 feet of broken the Director of the Office of Science State shall establish a Foreign Science and and Technology Policy, will be distin- Technology Assessment Panel. ice. guished leaders who have expert knowl- (b) PURPOSE.—The purpose of the Panel The Mackinaw breaks ice for 12 of the edge about our competitors’ capabili- shall be to provide advice on assessments 42 weeks of the Great Lakes shipping ties in science and technology. performed by the Office of Foreign Science season. Typically, the Mackinaw begins High technology moves at a rapid and Technology Assessment, including re- her ice breaking season in the first rate, and every sign I picked up from view of foreign science and technology as- week of March in the Straights of sessment reports, methodologies, subjects of Mackinac and works her way up my science and technology trips to study, and the means of improving the qual- China, India, Taiwan, and Japan indi- through the Soo Locks, to Whitefish ity and timeliness of the Office. Bay and areas of the St. Mary’s River cates to me that our government seems (c) MEMBERSHIP.—The Panel shall consist to be asleep at the switch here at home of 5 members who, by reason of professional before heading to Lake Superior. Dur- with regard to understanding how background and experience, are specially ing her lifetime, the Mackinaw has en- quickly these countries are moving up qualified to provide advice on the activities abled the shipping season to start soon- the value chain from simple manufac- of science and technology in foreign coun- er and last longer to enable the annual turing to sustained efforts in science tries as such activities apply to the United delivery of 15 tons of iron ore and other States. and engineering that matches if not ex- materials. Later in the year the Macki- (d) APPOINTMENT.—The Secretary of State, ceeds us in the innovation cycle. This naw works in the lower Lakes’ areas in consultation with the Director of the Of- where she serves as a buoy tender, car- bill, while a small step forward, will fice of Science and Technology Policy in the serve to ensure that we constantly as- Executive Office of the President, shall ap- ries fuel and supplies to light stations, sess where other countries are in that point the panel members. serves as a training ship, and assists value chain and to make sure we are (e) TERM.—A member shall be appointed to vessels in distress when necessary. doing everything possible to maintain the Panel for a term of 3 years. The Mackinaw has been stationed in our leadership in fields of high tech- (f) AUTHORITY TO ACCEPT SERVICES.—Not- Cheboygan since she began operations withstanding section 1342 of title 31, United in the end of December 1944. She will nology. States Code, the Secretary of State may ac- I ask unanimous consent that the serve through the winter of 2005 and cept and employ voluntary and uncompen- 2006 and then be decommissioned by text of the bill be printed in the sated services (except for reimbursement of RECORD. travel expenses) for the purposes of the the Coast Guard. The Mackinaw will be There being no objection, the bill was Panel. An individual providing such a vol- a great local attraction, encourage ordered to be printed in the RECORD, as untary and uncompensated service may not tourism, build jobs and aid the local follows: be considered a Federal employee, except for economy. S. 1211 purposes of chapter 81 of title 5, United The City of Cheboygan and the sur- States Code, with respect to job-incurred dis- Be it enacted by the Senate and House of Rep- rounding community are committed to ability and title 28, United States Code, with resentatives of the United States of America in transforming this historic landmark respect to tort claims. Congress assembled, into a museum after she has been de- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. SECTION 1. SHORT TITLE. commissioned. I am hopeful that she This Act may be cited as the ‘‘Foreign There are authorized to be appropriated will be maintained for the public for Science and Technology Assessment Act of such sums as may be necessary to carry out years to come. While her age has made this Act. 2005’’. her expensive to maintain, the Macki- SEC. 2. OFFICE OF FOREIGN SCIENCE AND TECH- naw can still teach our children and NOLOGY ASSESSMENT. By Ms. STABENOW (for herself (a) ESTABLISHMENT.—There is established and Mr. LEVIN): visitors of Michigan’s Great Lakes her- within the Department of State an Office of S. 1212. A bill to require the Com- itage. Foreign Science and Technology Assess- mandant of the Coast Guard to convey I ask unanimous consent that the ment. the Coast Guard Cutter Mackinaw, text of the bill be printed in the (b) DIRECTOR.—The head of the Office shall upon its scheduled decommissioning, to RECORD. be a Director, who shall be the Science Advi- There being no objection, the bill was sor to the Secretary of State. the City and County of Cheboygan, Michigan, to use for purposes of a mu- ordered to be printed in the RECORD, as (c) PURPOSE.—The purpose of the Office follows: shall be to assess foreign science and tech- seum; to the Committee on Commerce, nologies that have the capability to cause a Science, and Transportation. S. 1212 loss of high technology industrial leadership Ms. STABENOW. Mr. President, I Be it enacted by the Senate and House of Rep- resentatives of the United States of America in in the United States. rise today to introduce legislation that (d) OPERATION.—In preparing an assess- Congress assembled, ment of science and technology for a foreign will convey the United States Coast SECTION 1. CONVEYANCE OF DECOMMISSIONED country, the Director shall utilize, to the ex- Guard Cutter Mackinaw to the City and COAST GUARD CUTTER MACKINAW. tent feasible, United States entities capable County of Cheboygan for use as a mu- (a) IN GENERAL.—Upon the scheduled de- of operating effectively within such foreign seum. commissioning of the Coast Guard Cutter country. The United States Coast Guard Cut- MACKINAW, the Commandant of the Coast (e) AVAILABILITY OF ASSESSMENTS.—The ter Mackinaw, or the ‘‘Big Mac’’ as she Guard shall convey all right, title, and inter- Director shall make each assessment of for- is affectionately called, was commis- est of the United States in and to that vessel to the City and County of Cheboygan, Michi- eign science and technology prepared by the sioned on December 20, 1944. Congress Office available to the public in a timely gan, without consideration, if— manner. commissioned her construction during (1) the recipient agrees— (f) AUTHORITIES.—In order to gain access to World War II to keep the shipping lanes (A) to use the vessel for purposes of a mu- technical knowledge, skills, and expertise open during winter months to maintain seum;

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12139 (B) not to use the vessel for commercial mortgage interest tax deduction and The transferred credit would go to- transportation purposes; the capital gains exclusion on the sale ward helping with the down payment (C) to make the vessel available to the of a home. or closing costs. This is cash at the United States Government if needed for use Over the life of a loan, the mortgage table. by the Commandant in time of war or a na- tional emergency; and interest tax deduction can save home- As mandated in the bill, the eligible (D) to hold the Government harmless for owners thousands of dollars that they homebuyer would have the money for any claims arising from exposure to haz- could use for other necessary family the lender from the Treasury within 30 ardous materials, including asbestos and pol- expenses such as education or health days of application. ychlorinated biphenyls (PCBs), after convey- care. I am happy to say that this legisla- ance of the vessel, except for claims arising These benefits, however, are only tion has had strong support. When this from the use by the Government under sub- available to individuals who own their bill was first introduced in 2003 it gar- paragraph (C); own home. (2) the recipient has funds available that nered the support of: The American will be committed to operate and maintain It is important also to note that own- Bankers Association, America’s Com- the vessel conveyed in good working condi- ing a home is a principle and reliable munity Bankers, the Housing Partner- tion, in the form of cash, liquid assets, or a source of savings as homeowners build ship Network, the National Housing written loan commitment, and in an amount equity over the years and their homes Conference, the National Congress for of at least $700,000; and appreciate. Community Economic Development, (3) the recipient agrees to any other condi- For many people, it is home equity— the National Council of La Raza, the tions the Commandant considers appro- not stocks—that help them through National Association of Affordable priate. the retirement years. Housing Lenders, the Manufactured (b) MAINTENANCE AND DELIVERY OF VES- In addition, owning a home insulates SEL.—Prior to conveyance of the vessel Housing Institute, Fannie Mae, Freddie under this section, the Commandant shall, to people from spikes in housing costs. Mac, National Community Reinvest- the extent practical, and subject to other Indeed, while rents may go up, the ment Coalition, Standard Federal Coast Guard mission requirements, make costs of a fixed monthly mortgage pay- Bank, Habitat for Humanity, and, the every effort to maintain the integrity of the ment, in relative terms, will go down National American Indian Housing vessel and its equipment until the time of over the course of the mortgage. Council. delivery. If a conveyance is made under this Clearly, one of the biggest barriers to section, the Commandant shall deliver the Clearly, the breadth and diversity of homeownership for working families is support is strong for this legislation. vessel at the place where the vessel is lo- the cost of a down payment and the cated, in its present condition, and without This is a bold and aggressive effort to cost to the Government. The conveyance of costs associated with closing a mort- reach out to a large number of working the vessel under this section shall not be gage. families to help them get into this first considered a distribution in commerce for According to the Mortgage Bankers home. Association, typical closing costs on an purposes of section 6(e) of Public Law 94–469 The Joint Committee on Taxation (15 U.S.C. 2605(e)). average sized loan of $200,000 can ap- has estimated that more than fifteen (c) OTHER EXCESS EQUIPMENT.—The Com- proach approximately $6,000. million working people would get into mandant may convey to the recipient any Even with mortgage products that their first home over the next seven excess equipment or parts from other decom- allow a down payment of 3 percent of missioned Coast Guard vessels for use to en- years because of this new tax credit. the value of a home, total costs can hance the vessel’s operability and function We are working to send a message to for purposes of a museum. quickly approach $9,000. This is an impossible amount to save people all over the country that if you are working hard to save up enough to By Ms. STABENOW (for herself for those who are working hard to get into that first home, the Federal and Mr. SMITH): make ends meet. The problem is only government will make a strategic in- S. 1213. A bill to amend the Internal getting worse as home values climb vestment in your family—it will offer a Revenue Code of 1986 to allow a refund- faster than families can save for a hand up. able credit against income tax for the down payment. purchase of a principal residence by a To address this problem, I am intro- This is not unlike what we already do first-time homebuyer; to the Com- ducing the First Time Homebuyers’ through the mortgage interest tax de- mittee on Finance. Tax Credit Act of 2005. duction for millions of people who are Ms. STABENOW. Mr. President, I be- My bill authorizes a one-time tax fortunate enough to already own their lieve ‘‘home’’ is one of the warmest credit of up to $3,000 for individuals and own home. words in the English language. At the $6,000 for married couples. We certainly won’t do all the hard end of a long day, I think the favorite This credit is similar to the existing work for you. You must be frugal and phrase of every hardworking man and mortgage interest tax deduction in save and do most of the work yourself, woman in this country is: ‘‘Well, I’ll that it creates incentives for people to but we, in Congress, understand that it see you tomorrow. I’m going home buy a home. is good for America to enhance home- now.’’ To be eligible for the credit, tax- ownership. And, that is why I rise today to in- payers must be first-time homebuyers We also understand that this sort of troduce the First Time Homebuyers’ who were within the 25 percent bracket investment in working families stimu- Tax Credit Act of 2005. or lower in the year before they pur- lates the economy. The bill I am introducing will spread chase their home. That is $71,950 for No one can deny that when the First that warmth by opening the door to single filers, $102,800 for heads of house- Time Homebuyers’ Tax Credit is en- homeownership to millions of hard- hold, and $119,950 for joint returns. acted and used by millions of people, working families, helping them cover There is a dollar-for-dollar phase-out every single time the credit is used, it the initial down payment and closing beyond the cap. will be stimulative. Why? costs. Normally, tax credits like this are an Because it means someone bought a This initiative is in keeping with our after-the-fact benefit. They do little to house. And that generates economic longstanding national policy of encour- get people actually into a home. activity for multiple small business aging homeownership. What is particularly innovative and people. House appraisers and Inspec- Owning a home has always been a beneficial about the tax credit in this tors. Realtors. Lenders. Title insurers. fundamental part of the American bill, however, is that, for the first time, And so on. And there is a ripple of eco- dream. the taxpayer can either claim the cred- nomic activity by the new homeowners We, in Congress, have long recognized it in the year after he or she buys a as they fix up their new homes and get the social and economic value in high first home or the taxpayer can transfer settled in. rates of homeownership through laws the credit directly to a lender at clos- Housing has been such a bright light that we have enacted, such as the ing. in the sluggish economy we’ve faced for

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12140 CONGRESSIONAL RECORD—SENATE June 9, 2005 the last several years. My bill is de- ‘1992’ in subparagraph (B) thereof. If the ‘‘(4) EFFECT ON LEGAL RIGHTS AND OBLIGA- signed to ensure that the housing sec- $3,000 amount as adjusted under the pre- TIONS.—Nothing in this subsection shall be tor remains a strong component of our ceding sentence is not a multiple of $10, such construed to— amount shall be rounded to the nearest mul- ‘‘(A) require a lender to complete a loan economy. tiple of $10. transaction before the credit transfer Finally, let me close by emphasizing ‘‘(2) TAXABLE INCOME LIMITATION.— amount has been transferred to the lender, how happy and proud I am that this tax ‘‘(A) IN GENERAL.—If the taxable income of or legislation is bipartisan. In a closely the taxpayer for any taxable year exceeds ‘‘(B) prevent a lender from altering the divided Senate, and a closely divided the maximum taxable income in the table terms of a loan (including the rate, points, Congress, it is so important to work under subsection (a), (b), (c), or (d) of section fees, and other costs) due to changes in mar- across the aisle and Senator SMITH, 1, whichever is applicable, to which the 25 ket conditions or other factors during the who is a real champion for good hous- percent rate applies, the dollar amounts in period of time between the application by effect under paragraph (1)(A)(i) for such tax- the taxpayer for a credit transfer and the re- ing policy, is someone I want to work payer for the following taxable year shall be ceipt by the lender of the credit transfer closely with on this bill and other im- reduced (but not below zero) by the amount amount. portant housing legislation. He under- of the excess. ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For stands how housing tax benefits help ‘‘(B) CHANGE IN RETURN STATUS.—In the purposes of this section— build strong communities and provide case of married individuals filing a joint re- ‘‘(1) FIRST-TIME HOMEBUYER.— economic security for millions of fami- turn for any taxable year who did not file ‘‘(A) IN GENERAL.—The term ‘first-time homebuyer’ has the same meaning as when lies. such a joint return for the preceding taxable year, subparagraph (A) shall be applied by used in section 72(t)(8)(D)(i). I am committed to seeing this legis- reference to the highest taxable income of ‘‘(B) ONE-TIME ONLY.—If an individual is lation passed. And, I welcome the either such individual for the preceding tax- treated as a first-time homebuyer with re- chance to work with all of my col- able year. spect to any principal residence, such indi- leagues to see the dream of homeown- ‘‘(c) TRANSFER OF CREDIT.— vidual may not be treated as a first-time ership expanded to all people. ‘‘(1) IN GENERAL.—A taxpayer may transfer homebuyer with respect to any other prin- Home. Sentimentally, it is one of the all or a portion of the credit allowable under cipal residence. warmest words in the English lan- subsection (a) to 1 or more persons as pay- ‘‘(C) MARRIED INDIVIDUALS FILING JOINT- ment of any liability of the taxpayer arising LY.—In the case of married individuals who guage. Economically, it’s the key word out of— file a joint return, the credit under this sec- in bringing millions of families in from ‘‘(A) the downpayment of any portion of tion is allowable only if both individuals are the cold and letting them begin build- the purchase price of the principal residence, first-time homebuyers. ing wealth for themselves and their and ‘‘(D) OTHER TAXPAYERS.—If 2 or more indi- family. ‘‘(B) closing costs in connection with the viduals who are not married purchase a prin- I ask unanimous consent that the purchase (including any points or other fees cipal residence— text of this legislation be printed in incurred in financing the purchase). ‘‘(i) the credit under this section is allow- ‘‘(2) CREDIT TRANSFER MECHANISM.— able only if each of the individuals is a first- the RECORD. ‘‘(A) IN GENERAL.—Not less than 180 days time homebuyer, and There being no objection, the bill was after the date of the enactment of this sec- ‘‘(ii) the amount of the credit allowed ordered to be printed in the RECORD, as tion, the Secretary shall establish and imple- under subsection (a) shall be allocated follows: ment a credit transfer mechanism for pur- among such individuals in such manner as S. 1213 poses of paragraph (1). Such mechanism shall the Secretary may prescribe, except that the Be it enacted by the Senate and House of Rep- require the Secretary to— total amount of the credits allowed to all resentatives of the United States of America in ‘‘(i) certify that the taxpayer is eligible to such individuals shall not exceed the amount Congress assembled, receive the credit provided by this section in effect under subsection (b)(1)(A) for indi- with respect to the purchase of a principal viduals filing joint returns. SECTION 1. SHORT TITLE. residence and that the transferee is eligible ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- This Act may be cited as the ‘‘First-Time to receive the credit transfer, cipal residence’ has the same meaning as Homebuyers’ Tax Credit Act of 2005’’. ‘‘(ii) certify that the taxpayer has not re- when used in section 121. Except as provided SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME ceived the credit provided by this section in regulations, an interest in a partnership, HOMEBUYERS. with respect to the purchase of any other S corporation, or trust which owns an inter- (a) IN GENERAL.—Subpart C of part IV of principal residence, est in a residence shall not be treated as an subchapter A of chapter 1 of the Internal ‘‘(iii) certify the credit transfer amount interest in a residence for purposes of this Revenue Code of 1986 (relating to refundable which will be paid to the transferee, and paragraph. credits) is amended by redesignating section ‘‘(iv) require any transferee that directly ‘‘(3) PURCHASE.— 36 as section 37 and by inserting after section receives the credit transfer amount from the ‘‘(A) IN GENERAL.—The term ‘purchase’ 35 the following new section: Secretary to notify the taxpayer within 14 means any acquisition, but only if— ‘‘SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE days of the receipt of such amount. ‘‘(i) the property is not acquired from a BY FIRST-TIME HOMEBUYER. Any check, certificate, or voucher issued by person whose relationship to the person ac- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of the Secretary pursuant to this paragraph quiring it would result in the disallowance of an individual who is a first-time homebuyer shall include the taxpayer identification losses under section 267 or 707(b) (but, in ap- of a principal residence in the United States number of the taxpayer and the address of plying section 267 (b) and (c) for purposes of during any taxable year, there shall be al- the principal residence being purchased. this section, paragraph (4) of section 267(c) lowed as a credit against the tax imposed by ‘‘(B) TIMELY RECEIPT.—The Secretary shall shall be treated as providing that the family this subtitle for the taxable year an amount issue the credit transfer amount not less of an individual shall include only the indi- equal to 10 percent of the purchase price of than 30 days after the date of the receipt of vidual’s spouse, ancestors, and lineal de- the residence. an application for a credit transfer. scendants), and ‘‘(b) LIMITATIONS.— ‘‘(3) PAYMENT OF INTEREST.— ‘‘(ii) the basis of the property in the hands ‘‘(1) MAXIMUM DOLLAR AMOUNT.— ‘‘(A) IN GENERAL.—Notwithstanding any of the person acquiring it is not deter- ‘‘(A) IN GENERAL.—The credit allowed other provision of this title, the Secretary mined— under subsection (a) shall not exceed the ex- shall pay interest on any amount which is ‘‘(I) in whole or in part by reference to the cess (if any) of— not paid to a person during the 30-day period adjusted basis of such property in the hands ‘‘(i) $3,000 (2 times such amount in the case described in paragraph (2)(B). of the person from whom acquired, or of a joint return), over ‘‘(B) AMOUNT OF INTEREST.—Interest under ‘‘(II) under section 1014(a) (relating to ‘‘(ii) the credit transfer amount deter- subparagraph (A) shall be allowed and paid— property acquired from a decedent). mined under subsection (c) with respect to ‘‘(i) from the day after the 30-day period ‘‘(B) CONSTRUCTION.—A residence which is the purchase to which subsection (a) applies. described in paragraph (2)(B) to the date pay- constructed by the taxpayer shall be treated ‘‘(B) INFLATION ADJUSTMENT.—In the case ment is made, and as purchased by the taxpayer. of any taxable year beginning after Decem- ‘‘(ii) at the overpayment rate established ‘‘(4) PURCHASE PRICE.—The term ‘purchase ber 31, 2005, the $3,000 amount under subpara- under section 6621. price’ means the adjusted basis of the prin- graph (A) shall be increased by an amount ‘‘(C) EXCEPTION.—This paragraph shall not cipal residence on the date of acquisition equal to $3,000, multiplied by the cost-of-liv- apply to failures to make payments as a re- (within the meaning of section ing adjustment determined under section sult of any natural disaster or other cir- 72(t)(8)(D)(iii)). 1(f)(3) for the calendar year in which the tax- cumstance beyond the control of the Sec- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit able year begins by substituting ‘2004’ for retary. shall be allowed under subsection (a) for any

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12141 expense for which a deduction or credit is al- To help Americans achieve the dream quently. This is disturbing, as contra- lowed under any other provision of this chap- of private homeownership, the First- ception is so vital to a woman’s health. ter. Time Homebuyer Bill would provide a Most women will spend just a few years ‘‘(f) BASIS ADJUSTMENT.—For purposes of this subtitle, if a credit is allowed under this tax credit of up to $3,000 to individuals attempting to conceive, with the aver- section with respect to the purchase of any and up to $6,000 for families falling age woman desiring two children. That residence, the basis of such residence shall be within or below the 27 percent tax leaves about 30 years in which women reduced by the amount of the credit so al- bracket. need access to safe, affordable contra- lowed. The bill would allow first-time home- ceptives. ‘‘(g) PROPERTY TO WHICH SECTION AP- buyers to claim the credit on their tax The benefits of contraception should PLIES.— return or transfer the credit directly to be obvious. The maternal death rate in ‘‘(1) IN GENERAL.—The provisions of this the lender at closing, providing an im- the U.S. is only one third what it was section apply to a principal residence if— back in 1965 before Griswold. The same ‘‘(A) the taxpayer purchases the residence mediate benefit to potential home- on or after January 1, 2005, and before Janu- owners. This credit is similar to the is true for infant survival. Family ary 1, 2010, or Washington DC Homebuyers’ Tax Cred- planning preserves a woman’s health, ‘‘(B) the taxpayer enters into, on or after it. and allows couples to ensure that they January 1, 2005, and before January 1, 2010, a While Congress has enacted legisla- have the means to give every child the binding contract to purchase the residence, tion to increase incentives for home- attention, support, and resources they and purchases and occupies the residence be- ownership in the past, including the need. fore July 1, 2011.’’. mortgage interest tax deduction, these So today I am joining again with (b) CONFORMING AMENDMENTS.— Senator REID to introduce legislation (1) Subsection (a) of section 1016 of the In- benefits are available only to those ternal Revenue Code of 1986 (relating to gen- who already own a home. In contrast, to ensure broader access to contracep- eral rule for adjustments to basis) is amend- the First Time Homebuyer Bill will tion—to ensure that the promise of ed by striking ‘‘and’’ at the end of paragraph help increase homeownership among Griswold v. Connecticut is fully real- (30), by striking the period at the end of those who are working towards their ized. I thank him for his ongoing lead- paragraph (31) and inserting ‘‘, and’’, and by first home purchase. ership on this issue. We both agree that adding at the end the following new para- I thank you for the opportunity to contraception coverage is essential to graph: speak today, and I urge my colleagues reducing unwanted pregnancies and to ‘‘(32) in the case of a residence with respect ensuring that every couple can employ to which a credit was allowed under section to support this important legislation. 36, to the extent provided in section 36(f).’’. family planning. The Equity in Pre- (2) Section 1324(b)(2) of title 31, United By Ms. SNOWE (for herself, Mr. scription Insurance and Contraceptive States Code, is amended by striking ‘‘or’’ be- REID, Mr. WARNER, Mr. LEAHY, Coverage Act, which we again intro- fore ‘‘enacted’’ and by inserting before the Mr. CHAFEE, Mrs. MURRAY, Mr. duce today, will assure that for those period at the end ‘‘, or from section 36 of KENNEDY, Mr. AKAKA, Mr. DUR- plans which provide prescription drug such Code’’. BIN, Ms. CANTWELL, and Mr. coverage, contraceptive coverage is not (c) CLERICAL AMENDMENT.—The table of LAUTENBERG): excluded. It further ensures that con- sections for subpart C of part IV of sub- S. 1214. A bill to require equitable traceptive services are provided equi- chapter A of chapter 1 of the Internal Rev- coverage of prescription contraceptive enue Code of 1986 is amended by striking the tably with other outpatient services. item relating to section 36 and inserting the drugs and devices, and contraceptive Such coverage is just what the Insti- following new items: services under health plans; to the tute of Medicine called for back in 1995, ‘‘Sec. 36. Purchase of principal residence by Committee on Health, Education, when the Institute reported that a lack first-time homebuyer. Labor, and Pensions. of coverage was a major contributor to ‘‘Sec. 37. Overpayments of tax.’’. Ms. SNOWE. Mr. President, this year unwanted pregnancy. Expanding the (d) EFFECTIVE DATE.—The amendments well over 6 million pregnancies will proportion of health plans which cover made by this section shall apply to taxable occur in America. The challenge of contraception is one of the Surgeon years beginning after December 31, 2004. raising healthy children and preparing General’s objectives for the Healthy Mr. SMITH. Mr. President, today I them for a changing world is a stag- People 2010 plan. We can certainly introduce important legislation to en- gering one indeed. This is even more so achieve that objective and ensure that able more Americans to realize the when so frequently both parents are in 2010, unwanted pregnancies are ex- dream of homeownership. The First- working. So it is tragic that half of all ceedingly rare. Time Homebuyers’ Tax Credit Act that pregnancies today are unplanned. In Some may argue that such a man- Senator STABENOW and I are intro- too many cases, this means that the date creates yet more costs for pro- ducing would give a one-time tax cred- necessary financial, emotional and viders, but the evidence fails to support it that will help more Americans to be- other resources for parenting are sim- that notion. We have seen that for come homeowners. ply not present. I think we certainly every dollar in public funds which is in- Homeownership brings safety and share a broad consensus that every vested in family planning, three dollars stability to families and their commu- child should be wanted, and that par- is saved in Medicaid costs for preg- nities. People who own their homes ents should have the resources to en- nancy-related health care and medical have the security of knowing that they sure their child’s health and success. care for newborns. Indeed after we have a reliable investment, and they This week we have commemorated acted in 1998 to assure coverage to are protected from spikes in housing the 40th anniversary of a landmark Su- women in the Federal Employees costs. Yet despite these advantages, preme Court decision, that of Griswold Health Benefits Program, the Office of barriers exist for many who are look- v. Connecticut, in which the right of Personnel Management concluded in ing to make the leap to homeowner- married couples to contraceptives and 2001 that there was no cost increase due ship. family planning counseling was recog- to coverage. Even for families and individuals who nized. Yet less than a decade ago, when Many health providers have come to can make monthly mortgage pay- we examined the state of contraceptive the same conclusion. I note that ap- ments, down payment and closing costs coverage by insurance plans, it cer- proximately 90 percent of plans now can prove too great a burden. Based on tainly was discouraging. While many cover the leading methods of reversible information from the Mortgage Bank- health plans included coverage for pre- contraception. So we have come a long ers Association, the average loan of scription drugs, nearly half did not way. $175,000 would incur closing costs of ap- cover even oral contraceptives. Need- There should be no mistake—this proximately $4,000. Combined with even less to say, many other contraceptive issue boils down the principles of basic a modest down-payment of as little as options for women, such as the dia- fairness—fairness for half this Nation’s 3 percent of a home’s value, total costs phragm, implants, and injectable population, fairness in how we view can quickly approach $9,000 or more. methods were covered even less fre- and treat a woman’s reproductive

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12142 CONGRESSIONAL RECORD—SENATE June 9, 2005 health versus every other kind of to reduce unwanted pregnancies, and to surance doesn’t pay for them, even health care need that can be addressed assure the health and security of though it covers other prescriptions. with prescription drugs. The facts are American families. This is not fair. We know women on not in dispute—the lack of equitable Mr. REID. Mr. President, this week average earn less than men, yet they coverage of prescription contraceptives marks the fortieth anniversary of the must pay far more than men for has a very real impact on the lives of U.S. Supreme Court decision in Gris- health-related expenses. America’s women and, therefore, our wold v. Connecticut that struck down a According to the Women’s Research society as a whole. This is not over- Connecticut law that had made the use and Education Institute, women of re- statement, this is reality. of birth control by married couples il- productive age pay 68 percent more in All we are saying is that if an em- legal. This decision laid the ground- out-of-pocket medical expenses than ployer provides insurance coverage for work for widespread access to birth men, largely due to their reproductive all other prescription drugs, they must control for all American women. health-care needs. also provide coverage for FDA-ap- In the 40 years since this landmark Because many women can’t afford proved prescription contraceptives—it decision, increased access to birth con- the prescription contraceptives they is that simple, it is that fair, and it trol has contributed to a dramatic im- would like to use, many do without builds on existing law and jurispru- provement in maternal and infant them, and the result, all too often, is dence. health and has drastically reduced the unintended pregnancy and abortion. The approach we are taking today infant death rate in our country. This isn’t an isolated problem. The has already been endorsed by a total of In spite of these advances, we still fact is, a majority of women in this 29 States—including my home State of have a long way to go. The United country are covered by health insur- Maine—that have passed similar laws States has among the highest rates of ance plans that do not provide cov- since 1998. This is real progress but this unintended pregnancies of all industri- erage for prescription contraceptives piecemeal approach to fairness leaves alized nations. Half of all pregnancies This is unfair to women. It is bad pol- many American women at the mercy of in the United States are unintended, icy that causes additional unintended geography when it comes to the cov- and nearly half of those end in abor- pregnancies, and adversely affects erage they deserve. tion. women’s health. But fairness is not the only issue. We Making contraception more acces- Senator SNOWE and I first introduced believe that EPICC not only makes sible and affordable is one crucial step our legislation in 1997. Since then, the sense in terms of the cost of contracep- toward reducing unintended preg- Viagra pill went on the market, and tives for women, but also as a means nancies, reducing abortions and im- one month later it was covered by most bridging the pro-choice pro-life chasm proving women’s health. insurance policies. by helping prevent unintended preg- We cannot allow the pendulum to Birth control pills have been on the nancies and thereby also preventing swing backwards. That is why Senator market since 1960, and today, 45 years abortions. The fact of the matter is, we SNOWE and I are reintroducing the Eq- later, they are covered by only one- know that there are over three million uity in Prescription and Contraception third of health insurance policies. unintended pregnancies every year in Coverage Act of 2005, EPICC. Over the So, today we find ourselves in the in- the United States. We also know that last 8 years, Senator SNOWE and I have explicable situation where most insur- almost half of those pregnancies result joined together to advance this impor- ance policies pay for Viagra, but not from women who do not use contracep- tant legislation. for prescription contraceptives that tives. Most of the other half involved The EPICC legislation is also a crit- prevent unintentional pregnancies and inconsistent or incorrect use of contra- ical component of the Prevention First abortions. ceptives—and in many of these cases, Act, S. 20. This legislation includes a This isn’t fair, and it isn’t even cost- the women would benefit from coun- number of provisions that will improve effective, because most insurance poli- seling or provision of a contraceptive women’s health, reduce the rate of un- cies do cover sterilization and abortion which is more appropriate to their cir- intended pregnancy and reduce abor- procedures. In other words, they won’t cumstances. tions. pay for the pills that could prevent an Surveys consistently demonstrate The legislation we are introducing abortion, but they will pay for the pro- that almost 9 out of 10 Americans sup- today proves we can find not only com- cedure itself, which is much more cost- port contraception access and over 75 mon ground, but also a commonsense ly. percent support laws requiring health solution to these important challenges. The Federal Employee Health Bene- insurance plans to cover methods of By making sure women can afford fits Program, which has provided con- contraception such as birth control their prescription contraceptives, our traceptive coverage for several years, pills. bill will help to reduce the staggering shows that adding such coverage does The question before us is, if EPICC- rates of unintended pregnancy in the not make the plan more expensive. style coverage is good enough for 9 mil- United States, and reduce abortions. In December 2000, the U.S. Equal Em- lion Federal employees and their de- It is a national tragedy that half of ployment Opportunity Commission, pendents, if it is good enough for every all pregnancies nationwide are unin- EEOC ruled that an employer’s failure Member of Congress and every Senator, tended, and that half of those will end to include insurance coverage for pre- why is not it good enough for the in abortions. It is a tragedy, but it scription contraceptives, when other American people? doesn’t have to be. If we work together, prescription drugs and devices are cov- Women should have control over we can prevent these unintended preg- ered, constitutes unlawful sex discrimi- their reproductive health. It is the best nancies and abortions. nation under Title VII of the Civil interests of their overall health, their One of the most important steps we Rights Act of 1964. children and their future children’s can take to prevent unintended preg- On June 12, 2001, a Federal district health—and when we have fewer unin- nancies, and to reduce abortions, is to court in Seattle made the same finding tended pregnancies, we will reduce the make sure American women have ac- in the case of Erickson v. Bartell Drug number of abortions. We need to finally cess to affordable, effective contracep- Company. fix this inequity in prescription drug tion. These decisions confirm what we coverage and make certain that all There are a number of safe and effec- have known all along: contraceptive American women have access to this tive contraceptives available by pre- coverage is a matter of equity and fair- most basic health need. I thank all of scription. Used properly, they greatly ness for women. those who have supported us in this ef- reduce the rate of unintended preg- We are not asking for special treat- fort, and call upon each of my col- nancies. ment of contraceptives, only equitable leagues to join us to ensure that more However, many women simply can’t treatment within the context of an ex- couples have access to family planning afford these prescriptions, and their in- isting prescription drug benefit.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12143 This legislation is right because it is can be acquired in full or through ease- that there are more than 13 identity fair to women. ments, and none of the lands purchased thefts every minute. It is right because it is more cost-ef- through this program would be held by According to the Identity Theft Re- fective than other services, including the Federal Government. This bill puts source Center, identity theft victims abortions, sterilizations and tubal land conservation initiatives in the spend on average nearly 600 hours re- ligations, costly procedures that most hands of State and local communities. covering from the crime. Additional re- insurance companies routinely cover. This new program, authorized through search indicates the costs of lost wages And it is right because it will prevent the National Oceanic and Atmospheric and income as a result of the crime can unintended pregnancies and reduce Administration at $60,000,000 per year, soar as high as $16,000 per incident. No abortions, goals we all share. would provide Federal matching funds one wants to suffer this kind of hard- This is common sense, common- to States with approved coastal man- ship. ground legislation, and it is long over- agement programs or to National Estu- Events this week have further served due. arine Research Reserves through a to highlight how serious the problem competitive grant process. Federal has become. The announcement by By Mr. GREGG (for himself, Ms, matching funds may not exceed 75 per- Citigroup that a box of computer tapes containing information on 3.9 million MIKULSKI, Mr. SARBANES, Mr. cent of the cost of a project under this customers was lost by United Parcel BIDEN, Mr. CORZINE, Ms. SNOWE, program, and non-Federal sources may Service in my own State of New Jersey Mr. REED, Ms. CANTWELL, Mrs. count in-kind support toward their por- while in transit to a credit reporting MURRAY, Mr. COCHRAN, Mr. tion of the cost share. agency is the latest in a line of recent, KERRY, Mr. INOUYE, and Mrs. This coastal land protection program FEINSTEIN): high profile incidents. In fact, I myself provides much need support for local was a victim of a similar recent loss of S. 1215. A bill to authorize the acqui- coastal conservation initiatives sition of interests in underdeveloped computer tapes by Bank of America. throughout the country. For instance, In both of these cases, Citigroup and coastal areas in order better to ensure I have worked hard to secure signifi- their protection from development; to Bank of America acted responsibly and cant funds for the Great Bay estuary in notified possible victims in a prompt the Committee on Commerce, Science, New Hampshire. This estuary is the and timely manner. But this is not al- and Transportation. jewel of the seacoast region, and is ways the case. Mr. GREGG. Mr. President, I rise home to a wide variety of plants and At the very least, consumers deserve today along with Senator MIKULSKI to animal species that are particularly to be made aware when their personal introduce the Coastal and Estuarine threatened by encroaching develop- information has been compromised. Land Protection Act. We are intro- ment and environmental pollutants. By Right now, they must hope that the ducing this much needed coastal pro- working with local communities to laws of a few individual States, such as tection act along with Senators SAR- purchase lands or easements on these California, apply to their case, or that BANES, BIDEN, CORZINE, SNOWE, REED, valuable parcels of land, New Hamp- victimized institutions will act respon- CANTWELL, MURRAY, COCHRAN, KERRY, shire has been able to successfully con- sibly on their own. WYDEN, and INOUYE. In addition, this serve the natural and scenic heritage of The legislation I am introducing legislation is supported by the Trust this vital estuary. today, the Financial Privacy Breach for Public Land, Coastal States Organi- Programs such as the Coastal and Es- Notification Act of 2005, would protect zation, International Association of tuarine Land Protection program will consumers by requiring prompt notifi- Fish and Wildlife Agencies, Association further enable other States to partici- cation by any financial institution or of National Estuary Programs, the pate in these community-based con- affiliated data broker in all cases, sub- Land Trust Alliance, Society for the servation efforts in coastal areas. This ject, of course, to the concerns of law Protection of New Hampshire Forests, program was modeled after the U.S. enforcement agencies. It would also re- The Conservation Fund, NH Audubon, Department of Agriculture’s successful quire automatic inclusion of fraud Restore America’s Estuaries, and Na- Forest Legacy Program, which has alerts in victim’s credit files to mini- tional Estuarine Research Reserve As- conserved millions of acres of produc- mize the damage done. sociation. tive and ecologically significant forest Notification by itself won’t solve ev- The Coastal and Estuarine Land Pro- land around the county. erything, but it is an important first tection Act promotes coordinated land I welcome the opportunity to offer step that requires immediate atten- acquisition and protection efforts in this important legislation, with my tion. I intend to introduce more com- coastal and estuarine areas by fos- good friend from Maryland, Senator prehensive legislation in the very near tering partnerships between non- MIKULSKI. I am thankful for her leader- future to further protect consumers governmental organizations and Fed- ship on this issue, and look forward to against the growing threat of identity eral, State, and local governments. As working with her to make the vision theft, but requiring notification in a clearly outlined by the U.S. Commis- for this legislation a reality, and to uniform fashion is an important and sion of Ocean Policy, these efforts are successfully conserve our coastal lands urgently needed first step. It is imperative that we take action urgently needed. With Americans rap- for their ecological, historical, rec- to combat the growing threat of iden- idly moving to the coast, pressures to reational, and aesthetic values. develop critical coastal ecosystems are tity theft. This crime harms individ- increasing. There are fewer and fewer By Mr. CORZINE: uals and families, and drags down our undeveloped and pristine areas left in S. 1216. A bill to require financial in- economy in the form of lost produc- the Nation’s coastal and estuarine wa- stitutions and financial service pro- tivity and capital. We can do more and tersheds. These areas provide impor- viders to notify customers of the unau- we must do more. tant nursery habitat for two-thirds of thorized use of personal financial infor- Mr. President, I ask unanimous con- the Nation’s commercial fish and shell- mation, and for other purposes; to the sent that the text of the bill be printed fish, provide nesting and foraging habi- Committee on Banking, Housing, and in the RECORD. There being no objection, the bill was tat for coastal birds, harbor significant Urban Affairs. ordered to be printed in the RECORD, as natural plant communities, and serve Mr. CORZINE. Mr. President, iden- follows: to facilitate coastal flood control and tity theft is a serious and growing con- S. 1216 pollutant filtration. cern facing our Nation’s consumers. The Coastal and Estuarine Land Pro- According to the Federal Trade Com- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tection Act pairs willing sellers mission, nearly 10 million Americans Congress assembled, through community-based initiatives were the victims of identity theft in SECTION 1. SHORT TITLE. with sources of Federal funds to en- 2003, three times the number of victims This Act may be cited as the ‘‘Financial hance environmental protection. Lands just 3 years earlier. Research shows Privacy Breach Notification Act of 2005’’.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12144 CONGRESSIONAL RECORD—SENATE June 9, 2005 SEC. 2. TIMELY NOTIFICATION OF UNAUTHOR- may be delayed if a law enforcement agency sistent with the requirements of this section IZED ACCESS TO PERSONAL FINAN- determines that the notification would im- and the rules of the Federal Trade Commis- CIAL INFORMATION. pede a criminal investigation, and in any sion under this section. Subtitle B of title V of the Gramm-Leach- such case, notification shall be made ‘‘(h) CIVIL PENALTIES.— Bliley Act (15 U.S.C. 6821 et seq.) is amend- promptly after the law enforcement agency ‘‘(1) DAMAGES.—Any customer injured by a ed— determines that it would not compromise violation of this section may institute a civil (1) by redesignating sections 526 and 527 as the investigation. action to recover damages arising from that sections 528 and 529, respectively; and ‘‘(e) FORM OF NOTICE.—Notification re- violation. (2) by inserting after section 525 the fol- quired by this section may be provided— ‘‘(2) INJUNCTIONS.—Actions of a financial lowing: ‘‘(1) to a customer— institution in violation or potential viola- ‘‘SEC. 526. NOTIFICATION TO CUSTOMERS OF UN- ‘‘(A) in written notification; tion of this section may be enjoined. AUTHORIZED ACCESS TO PERSONAL ‘‘(B) in electronic form, if the notice pro- ‘‘(3) CUMULATIVE EFFECT.—The rights and FINANCIAL INFORMATION. vided is consistent with the provisions re- remedies available under this section are in ‘‘(a) DEFINITIONS.—In this section: garding electronic records and signatures set addition to any other rights and remedies ‘‘(1) BREACH.—The term ‘breach’— ‘‘(A) means the unauthorized acquisition, forth in section 101 of the Electronic Signa- available under applicable law. ‘‘(i) RULES OF CONSTRUCTION.— or loss, of computerized data or paper tures in Global and National Commerce Act ‘‘(1) IN GENERAL.—Compliance with this records which compromises the security, (15 U.S.C. 7001); section by a financial institution shall not confidentiality, or integrity of personal fi- ‘‘(C) if the Federal Trade Commission de- be construed to be a violation of any provi- nancial information maintained by or on be- termines that the number of all customers sion of subtitle (A), or any other provision of half of a financial institution; and affected by, or the cost of providing notifica- Federal or State law prohibiting the disclo- ‘‘(B) does not include a good faith acquisi- tions relating to, a single breach or sus- sure of financial information to third par- tion of personal financial information by an pected breach would make other forms of no- ties. employee or agent of a financial institution tification prohibitive, or in any case in ‘‘(2) LIMITATION.—Except as specifically for a business purpose of the institution, if which the financial institution certifies in provided in this section, nothing in this sec- the personal financial information is not writing to the Federal Trade Commission tion requires or authorizes a financial insti- subject to further unauthorized disclosure. that it does not have sufficient customer contact information to comply with other tution to disclose information that it is oth- ‘‘(2) PERSONAL FINANCIAL INFORMATION.— erwise prohibited from disclosing under sub- The term ‘personal financial information’ forms of notification, in the form of— title A or any other provision of Federal or means the last name of an individual in com- ‘‘(i) an e-mail notice, if the financial insti- State law. bination with any 1 or more of the following tution has access to an e-mail address for the ‘‘(j) ENFORCEMENT.—The Federal Trade data elements, when either the name or the affected customer that it has reason to be- Commission is authorized to enforce compli- data elements are not encrypted: lieve is accurate; ance with this section, including the assess- ‘‘(A) Social security number. ‘‘(ii) a conspicuous posting on the Internet ment of fines for violations of subsection ‘‘(B) Driver’s license number or State iden- website of the financial institution, if the fi- (b)(1).’’. tification number. nancial institution maintains such a ‘‘(C) Account number, credit or debit card website; or SEC. 3. EFFECTIVE DATE. number, in combination with any required ‘‘(iii) notification through the media that a This Act shall take effect on the expiration security code, access code, or password that breach of personal financial information has of the date which is 6 months after the date would permit access to the financial account occurred or is suspected that compromises of enactment of this Act. of an individual. the security, confidentiality, or integrity of ‘‘(b) NOTIFICATION TO CUSTOMERS RELATING customer information of the financial insti- By Mr. BINGAMAN (for himself, TO UNAUTHORIZED ACCESS OF PERSONAL FI- tution; or Mr. DEWINE, Mr. CORZINE, Mr. ‘‘(D) in such other form as the Federal NANCIAL INFORMATION.— DURBIN, Mr. SCHUMER, Mr. ‘‘(1) FINANCIAL INSTITUTION REQUIREMENT.— Trade Commission may by rule prescribe; JOHNSON, Ms. CANTWELL, Mr. In any case in which there has been a breach and of personal financial information at a finan- ‘‘(2) to consumer reporting agencies and LAUTENBERG, Ms. STABENOW, cial institution, or such a breach is reason- law enforcement agencies (where appro- Mr. KENNEDY, Mrs. CLINTON, ably believed to have occurred, the financial priate), in such form as the Federal Trade Mr. KERRY, Ms. MIKULSKI, Mr. institution shall promptly notify— Commission may prescribe, by rule. AKAKA, Mr. SALAZAR, and Mr. ‘‘(A) each customer affected by the viola- ‘‘(f) CONTENT OF NOTIFICATION.—Each noti- SARBANES): tion or suspected violation; fication to a customer under subsection (b) S. 1217. A bill to amend title II of the ‘‘(B) each consumer reporting agency de- shall include— Social Security Act to phase out the ‘‘(1) a statement that— scribed in section 603(p) of the Fair Credit 24-month waiting period for disabled Reporting Act (15 U.S.C. 1681a); and ‘‘(A) credit reporting agencies have been ‘‘(C) appropriate law enforcement agencies, notified of the relevant breach or suspected individuals to become eligible for medi- in any case in which the financial institution breach; and care benefits, to eliminate the waiting has reason to believe that the breach or sus- ‘‘(B) the credit report and file of the cus- period for individuals with life-threat- pected breach affects a large number of cus- tomer will contain a fraud alert to make ening conditions, and for other pur- tomers, including as described in subsection creditors aware of the breach or suspected poses; to the Committee on Finance. (e)(1)(C), subject to regulations of the Fed- breach, and to inform creditors that the ex- Mr. BINGAMAN. Mr. President, I rise eral Trade Commission. press authorization of the customer is re- today to introduce bipartisan legisla- quired for any new issuance or extension of ‘‘(2) OTHER ENTITIES.—For purposes of para- tion entitled ‘‘Ending the Medicare graph (1), any person that maintains per- credit (in accordance with section 605(g) of sonal financial information for or on behalf the Fair Credit Reporting Act); and Disability Waiting Period Act of 2005’’ of a financial institution shall promptly no- ‘‘(2) such other information as the Federal with Senators DEWINE, CORZINE, DUR- tify the financial institution of any case in Trade Commission determines is appro- BIN, SCHUMER, JOHNSON, CANTWELL, which such customer information has been, priate. LAUTENBERG, STABENOW, KENNEDY, or is reasonably believed to have been, ‘‘(g) COMPLIANCE.—Notwithstanding sub- CLINTON, KERRY, MIKULSKI, AKAKA, breached. section (e), a financial institution shall be SALAZAR, and SARBANES. This legisla- ‘‘(c) TIMELINESS OF NOTIFICATION.—Notifi- deemed to be in compliance with this sec- tion would phase-out the current 2- tion, if— cation required by this section shall be year waiting period that people with made— ‘‘(1) the financial institution has estab- ‘‘(1) promptly and without unreasonable lished a comprehensive information security disabilities must endure after quali- delay, upon discovery of the breach or sus- program that is consistent with the stand- fying for Social Security Disability In- pected breach; and ards prescribed by the appropriate regu- surance (SSDI). In the interim or as ‘‘(2) consistent with— latory body under section 501(b); the waiting period is being phased out, ‘‘(A) the legitimate needs of law enforce- ‘‘(2) the financial institution notifies af- the bill would also create a process by ment, as provided in subsection (d); and fected customers and consumer reporting which the Secretary can immediately ‘‘(B) any measures necessary to determine agencies in accordance with its own internal waive the waiting period for people information security policies in the event of the scope of the breach or restore the reason- with life-threatening illnesses. able integrity of the information security a breach or suspected breach of personal fi- system of the financial institution. nancial information; and When Medicare was expanded in 1972 ‘‘(d) DELAYS FOR LAW ENFORCEMENT PUR- ‘‘(3) such internal security policies incor- to include people with significant dis- POSES.—Notification required by this section porate notification procedures that are con- abilities, lawmakers created the 24-

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12145 month waiting period. According to a waiting period. In other words, it is es- emotional and intense. Some describe July 2003 report from the Common- timated that of the estimated 400,000 the waiting period as a ‘‘living night- wealth Fund, it is estimated that over uninsured disabled Americans in the mare’’ and appropriately ask how it is 1.2 million SSDI beneficiaries are in waiting period at any given time, 16,000 possible that their government is doing the Medicare waiting period at any of them will die awaiting Medicare cov- this to them. given time, ‘‘all of whom are unable to erage. Let me repeat . . . 16,000 of the In fact, some have had the unfortu- work because of their disability and 400,000 uninsured disabled in the wait- nate fate of having received SSI and most of whom have serious health ing period at any given moment will Medicaid coverage, applied for SSDI, problems, low incomes, and limited ac- die while waiting for Medicare cov- and then lost their Medicaid coverage cess to health insurance.’’ erage to begin. because they were not aware that the The stated reason at the time was to Moreover, this does not factor in the change in income, when they received limit the fiscal cost of the provision. serious health problems that others ex- SSDI, would push them over the finan- However, I would assert that there is perience while waiting for Medicare cial limits for Medicaid. In such a case, no reason, be it fiscal or moral, to tell coverage during the 2-year period. Al- and let me emphasize this point, the people that they must wait longer than though there is no direct data on the government is effectively taking their 2 years after becoming severely dis- profile of SSDI beneficiaries in the 2- health care coverage away because abled before we provide them access to year waiting period, the Common- they are so severely disabled. much needed health care. wealth Fund has undertaken a separate Therefore, for some in the waiting In fact, it is important to note that analysis of the Medicare Current Bene- period, their battle is often as much there really are actually three waiting ficiary Survey for 1998 to get a good with the government as it is with their periods that are imposed upon people sense of the demographic characteris- medical condition, disease, or dis- seeking to qualify for SSDI. First, tics, income, and health conditions of ability. there is the disability determination this group. Nobody could possible think this process through the Social Security According to the analysis, ‘‘. . . 45 makes any sense. Administration, which often takes percent of nonelderly Medicare bene- House Ways and Means Chairman many months or even longer than a ficiaries with disabilities had incomes BILL THOMAS questioned the rationale year in some cases. Second, once a below the Federal poverty line, and 77 of the waiting period in a press con- worker has been certified as having a percent had incomes below 200 percent ference on April 29, 2005. severe or permanent disability, they of poverty. Fifth-nine percent reported As the Medicare Rights Center has must wait an additional 5 months be- that they were in fair or poor health; of said, ‘‘By forcing Americans with dis- fore receiving their first SSDI check. this group, more than 90 percent re- abilities to wait 24 months for Medi- And third, after receiving that first ported that they suffered from one or care coverage, the current law effec- SSDI check, there is the 2-year period more chronic illnesses, including ar- tively sentences these people to inad- that people must wait before their thritis (52 percent), hypertension (46 equate health care, poverty, or death Medicare coverage begins. percent), mental disorder (36 percent), . . . Since disability can strike anyone, What happens to the health and well- heart condition (35 percent), chronic at any point in life, the 24-month wait- being of people waiting more than 21⁄2 lung disease (26 percent), cancer (20 ing period should be of concern to ev- years before they finally receive criti- percent), diabetes (19 percent), and eryone, not just the millions of Ameri- cally needed Medicare coverage? Ac- stroke (12 percent).’’ cans with disabilities today.’’ cording to Karen Davis, president of To ascertain the impact the waiting Although elimination of the Medi- the Commonwealth Fund, which has period has on the lives of these citi- care waiting period will certainly in- conducted 2 important studies on the zens, the Commonwealth Fund and the crease Medicare costs, it is important issue, ‘‘Individuals in the waiting pe- Christopher Reeve Paralysis Founda- to note that there will be some cor- riod for Medicare suffer from a broad tion conducted a follow-up to ‘‘gain in- responding decrease in Medicaid costs. range of debilitating diseases and are sight into the experiences of people Medicaid, which is financed by both in urgent need of appropriate medical with disabilities under age 65 in the Federal and State governments, often care to manage their conditions. Elimi- Medicare 2-year waiting period.’’ Ac- provides coverage for a subset of dis- nating the 2-year wait would ensure ac- cording to that second report entitled abled Americans in the waiting period, cess to care for those already on the ‘‘Waiting for Medicare: Experiences of as long as they meet certain income way to Medicare.’’ Uninsured People with Disabilities in and asset limits. Income limits are Again, we are talking about individ- the Two-Year Waiting Period for Medi- typically at or below the poverty level, uals that have been determined to be care’’ in October 2004, ‘‘Most of these including at just 74 percent of the pov- unable to engage in any ‘‘substantial, individuals must invariably get by erty line in New Mexico, with assets gainful activity’’ because of either a with some combination of living one generally limited to just $2,000 for indi- physical or mental impairment that is day at a time, assertiveness, faith, and viduals and $3,000 for couples. expected to result in death or to con- sheer luck.’’ The Commonwealth Fund estimates tinue for at least 12 months. These are One person in the waiting period with that, of the 1.26 million people in the people that, by definition, are in more a spinal cord injury from Atlanta, waiting period, 40 percent are enrolled need of health coverage than anybody Georgia, seeking medical treatment for in Medicaid. As a result, the Common- else in our society. Of the 1.2 million their condition was told to simply ‘‘try wealth Fund estimates in the study people stuck in the 2-year waiting pe- not to get sick for 2 years.’’ As the in- that Federal Medicaid savings would riod at any given time, it is estimated dividual said in response, ‘‘None of us offset nearly 30 percent of the in- that one-third, or 400,000, are left com- TRIED to become disabled.’’ creased costs. Furthermore, States, pletely uninsured. The consequences The people that we have spoken to in which have been struggling financially are unacceptable and are, in fact, dire. the waiting period, since the introduc- with their Medicaid programs, would In fact, various studies show that tion of this legislation last year, talk reap a windfall that would help them death rates among SSDI recipients are about foregoing critically needed med- better manage their Medicaid pro- highest during the first 2 years of en- ical treatment, stopping medications grams. rollment while waiting to be covered and therapy, feeling dismayed and de- Furthermore, from a continuity of by Medicare. For example, the Com- pressed about their lives and future, care point of view, it makes little sense monwealth Fund report, entitled and feeling a loss of control over their that somebody with disabilities must ‘‘Elimination of Medicare’s Waiting lives and independence while in the leave their job and their health pro- Period for Seriously Disabled Adults: waiting period. viders associated with that plan, move Impact on Coverage and Costs,’’ 4 per- These testimonials and appeals in on the Medicaid to often have a dif- cent of these people die during the support of this legislation are often ferent set of providers, to then switch

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12146 CONGRESSIONAL RECORD—SENATE June 9, 2005 to Medicare and yet another set of pro- ities, lawmakers created a ‘‘Medicare wait- California Health Advocates viders. The cost, both financial and ing period.’’ Before they can get Medicare Center for Medicare Advocacy, Inc. personal, of not providing access to coverage, people with disabilities must first Coalition for Pulmonary Fibrosis Community Action New Mexico care or poorly coordinated care serv- receive Social Security Disability Insurance (SSDI) for 24 months. Generally, SSDI begins Disability Service Providers of America ices for these seriously ill people dur- five months after an individual’s disability (DSPA) ing the waiting period may be greater has been certified. As a result, people with Empowering Our Communities in New in many cases than providing health disabilities face three consecutive waiting Mexico coverage. periods prior to getting health coverage: (1) Families USA And finally, private-sector employers a determination of SSDI approval from the Family Voices and employees in those risk-pools Social Security Administration; (2) a five- Gay Men’s Health Crisis month waiting period to receive SSDI; and, Harm Reduction Coalition would also benefit from the passage of Hereditary Hemorrhagic Telangiectasia the bill. As the 2003 report notes, ‘‘. . . (3) another 24-month waiting period to get Medicare coverage. (HHT) Foundation International to the extent that disabled adults rely Because of the 24-month Medicare waiting HIV Medicine Association on coverage through their prior em- period, an estimated 400,000 Americans with HIVictorious, Inc., Madison, WI ployer or their spouse’s employer, disabilities are uninsured and many more are Medicare Rights Center eliminating the waiting period would underinsured at a time in their lives when Mercy Medical Airlift also produce savings to employers who the need for health coverage is most dire, Miami, ACT UP National Alliance for the Mentally Ill provide this coverage.’’ Dale and Verdier, The Commonwealth Fund, July 2003. In fact, various studies show that (NAMI) To address concerns about costs and National Alliance of State and Territorial immediate impact on the Medicare pro- death rates among SSDI recipients are high- est during the first two years of enrollment, AIDS Directors (NASTAD) gram, the legislation phases out the Mauney, AMA, June 2002. For example, ac- National Association of Children’s Behav- waiting period over a 10-year period. In cording to the Commonwealth Fund, 4 per- ioral Health National Association of Councils on Devel- the interim, the legislation would cre- cent of these people die during the waiting opmental Disabilities (NACDD) ate a process by which others with life- period. National Association of Protection and Ad- There is an important exception to the 24- threatening illnesses could also get an vocacy Systems (NAPAS) month waiting period and that is for individ- exception to the waiting period. Con- National Ataxia Foundation uals with amyothrophic lateral sclerosis gress has previously extended such an National Health Law Program (NHeLP) (ALS), also known as Lou Gehrig’s disease, exception to the waiting period for in- National Kidney Foundation and for hospice services. The ALS exception dividuals with amyothrophic lateral National Mental Health Association passed the Congress in December 2000 and National Minority AIDS Council sclerosis (ALS), also known as Lou went into effect July 1, 2001. Gehrig’s disease, and for hospice serv- National Organization for Rare Disorders ‘‘Ending the Medicare Waiting Period Act (NORD) ices. The ALS exception passed the of 2005’’ would, over 10 years, phase-out the National Patient Advocacy Foundation Congress in December 2000 and went waiting period and would also, in the in- National Women’s Law Center into effect July 1, 2001. Thus, the legis- terim, create a process by which others with New Mexico AIDS Services lation would extend the exception to life-threatening illnesses, like ALS, could New Mexico Medical Society all people with life-threatening ill- also get an exception to the waiting period. New Mexico POZ Coalition As the Medicare Rights Center has said, New Mexico Public Health Association nesses in the waiting period. ‘‘By forcing Americans with disabilities to I would like to thank Senator North American Brain Tumor Coalition wait 24 months for Medicare coverage, the Paralyzed Veterans of America DEWINE and the other original cospon- current law effectively sentences these peo- Power Mobility Coalition sors, including Senators CORZINE, DUR- ple to inadequate health care, poverty or Reflex Sympathetic Dystrophy Syndrome BIN, SCHUMER, JOHNSON, CANTWELL, death. . . . Since disability can strike any- Association of America LAUTENBERG, STABENOW, KENNEDY, one, at any point in life, the 24-month wait- Senior Citizens Law Office, New Mexico CLINTON, KERRY, MIKULSKI, AKAKA, ing period should be of concern to everyone, Southern New Hampshire HIV/AIDS Task not just the millions of Americans with dis- SALAZAR, and SARBANES, for supporting Force abilities today.’’ this critically important legislation. Special Olympics If you have any questions or need addi- The Title II Community AIDS National Furthermore, I would like to commend tional information, please contact Bruce Network Representative GENE GREEN of Texas Lesley in Senator BINGAMAN’s office at 202– United Cerebral Palsy for his introduction of the companion 224–5521 or Abby Kral in Senator DEWINE’s United Spinal Association bill in the House of Representatives office at 202–224–7900. Utah AIDS Foundation and for his work, diligence, and com- SUPPORTING ORGANIZATIONS Visiting Nurse Associations of America mitment to this issue. Acid Maltase Deficiency Association Von Hippel-Lindau Family Alliance I urge passage of this legislation and AIDS Foundation of Chicago S. 1217 ask unanimous consent that a fact The AIDS Institute Be it enacted by the Senate and House of Rep- sheet, which includes a list of original AIDS Project Los Angeles resentatives of the United States of America in Air Compassion America Congress assembled, supporting organizations for the legis- Alzheimer’s Association SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lation, and the text of the bill be print- American Academy of Audiology (a) SHORT TITLE.—This Act may be cited as ed in the RECORD. American Academy of HIV Medicine the ‘‘Ending the Medicare Disability Waiting There being no objection, the mate- American Congress of Rehabilitation Medi- Period Act of 2005’’. rials were ordered to be printed in the cine (ACRM) (b) TABLE OF CONTENTS.—The table of con- American Congress of Community Sup- RECORD as follows: tents of this Act is as follows: ports and Employment Services (ACCSES) FACT SHEET American Dance Therapy Association Sec. 1. Short title; table of contents. ENDING THE MEDICARE DISABILITY WAITING American Gastroenterological Association Sec. 2. Phase-out of waiting period for medi- PERIOD ACT OF 2005 American Network of Community Options care disability benefits. Senators Jeff Bingaman (D–NM) and Mike and Resources Sec. 3. Elimination of waiting period for in- DeWine (R–OH) are preparing to introduce American Occupational Therapy Associa- dividuals with life-threatening the ‘‘Medicare Disability Waiting Period Act tion conditions. of 2005.’’ The bill would, over 10 years, com- American Psychological Association Sec. 4. Institute of Medicine study and re- pletely phase-out the two-year waiting pe- Angel Flight Mid-Atlantic port on delay and prevention of riod which Americans with disabilities must The Arc of the United States disability conditions. endure before receiving Medicare coverage. Association for Community Affiliated SEC. 2. PHASE-OUT OF WAITING PERIOD FOR The legislation also creates a process by Plans MEDICARE DISABILITY BENEFITS. which the Secretary can immediately waive Association of University Centers on Dis- (a) IN GENERAL.—Section 226(b) of the So- the waiting period for people with life- abilities (AUCD) cial Security Act (42 U.S.C. 426(b)) is amend- threatening illnesses. Benign Essential Blepharospasm Research ed— When Medicare was expanded in 1972 to in- Foundation (1) in paragraph (2)(A), by striking ‘‘, and clude people who have significant disabil- Brian Tumor Action Network has for 24 calendar months been entitled to,’’

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12147 and inserting ‘‘, and for the waiting period this section shall apply to insurance benefits Mr. KENNEDY. Mr. President, it is a (as defined in subsection (k)) has been enti- under title XVIII of the Social Security Act privilege to join my distinguished col- tled to,’’; with respect to items and services furnished league, Senator DURBIN, in introducing (2) in paragraph (2)(B), by striking ‘‘, and in months beginning at least 90 days after the Teacher Excellence for All Children the date of the enactment of this Act (but in has been for not less than 24 months,’’ and Act of 2005. Its goal is to bring us closer inserting ‘‘, and has been for the waiting pe- no case earlier than January 1, 2006). riod (as defined in subsection (k)),’’; SEC. 3. ELIMINATION OF WAITING PERIOD FOR to giving every child a highly qualified (3) in paragraph (2)(C)(ii), by striking ‘‘, in- INDIVIDUALS WITH LIFE-THREAT- teacher, and enable more teachers to cluding the requirement that he has been en- ENING CONDITIONS. obtain the support they need to im- titled to the specified benefits for 24 (a) IN GENERAL.—Section 226(h) of the So- prove their instruction. We join our months,’’ and inserting ‘‘, including the re- cial Security Act (42 U.S.C. 426(h)) is amend- distinguished colleague Congressman ed— quirement that the individual has been enti- GEORGE MILLER in this effort, who is tled to the specified benefits for the waiting (1) by redesignating paragraphs (1), (2), and introducing this legislation in the (3) as subparagraphs (A), (B), and (C), respec- period (as defined in subsection (k)),’’; and House, and commend him for his lead- (4) in the flush matter following paragraph tively; (2) in the matter preceding subparagraph ership on the issue. (2)(C)(ii)(II)— One of the major challenges we face (A) in the first sentence, by striking ‘‘for (A) (as redesignated by paragraph (1)), by in- each month beginning with the later of (I) serting ‘‘(1)’’ after ‘‘(h)’’; today is to improve the recruitment, July 1973 or (II) the twenty-fifth month of (3) in paragraph (1) (as designated by para- preparation, and retention of good his entitlement or status as a qualified rail- graph (2))— teachers. Few issues are of greater im- road retirement beneficiary described in (A) in the matter preceding subparagraph portance to our future than education. paragraph (2), and’’ and inserting ‘‘for each (A) (as redesignated by paragraph (1)), by in- The Nation is strongest when our month beginning after the waiting period (as serting ‘‘or any other life-threatening condi- schools are strongest—when all stu- tion identified by the Secretary’’ after so defined) for which the individual satisfies dents can attend good schools with paragraph (2) and’’; ‘‘amyotrophic lateral sclerosis (ALS)’’; and (4) in subparagraph (B) (as redesignated by good teachers to help them learn. In (B) in the second sentence, by striking this new era of globalization, a well- ‘‘the ‘twenty-fifth month of his entitlement’ paragraph (1)), by striking ‘‘(rather than refers to the first month after the twenty- twenty-fifth month)’’; and educated citizenry and well-skilled fourth month of entitlement to specified (5) by adding at the end the following new workforce are essential to our role in benefits referred to in paragraph (2)(C) and’’; paragraph: the world. and ‘‘(2) For purposes of identifying life-threat- We owe a great debt to America’s (C) in the third sentence, by striking ‘‘, but ening conditions under paragraph (1), the teachers. They work day in and day out not in excess of 78 such months’’. Secretary shall compile a list of conditions to give children a decent education. that are fatal without medical treatment. In (b) SCHEDULE FOR PHASE-OUT OF WAITING compiling such list, the Secretary shall con- Teachers are on the front lines in the PERIOD.—Section 226 of the Social Security sult with the Director of the National Insti- Nation’s schools, and at the forefront Act (42 U.S.C. 426) is amended by adding at tutes of Health (including the Office of Rare of the constant effort to improve public the end the following new subsection: Diseases), the Director of the Centers for education. It is their vision, energy, ‘‘(k) For purposes of subsection (b) (and for Disease Control and Prevention, the Director purposes of section 1837(g)(1) of this Act and hard work, and dedication that will of the National Science Foundation, and the section 7(d)(2)(ii) of the Railroad Retirement make all the difference in successfully Institute of Medicine of the National Acad- Act of 1974), the term ‘waiting period’ meeting this challenge. emy of Sciences.’’. means— We took a major step forward in the (b) EFFECTIVE DATE.—The amendments ‘‘(1) for 2006, 18 months; made by this section shall apply to insurance No Child Left Behind Act and its rec- ‘‘(2) for 2007, 16 months; benefits under title XVIII of the Social Secu- ognition that all students deserve first- ‘‘(3) for 2008, 14 months; rity Act with respect to items and services rate teachers to help them reach their ‘‘(4) for 2009, 12 months; furnished in months beginning at least 90 potential and succeed in life. This act ‘‘(5) for 2010, 10 months; days after the date of the enactment of this made a bold national commitment to ‘‘(6) for 2011, 8 months; Act (but in no case earlier than January 1, guarantee a highly qualified teacher in ‘‘(7) for 2012, 6 months; 2006). ‘‘(8) for 2013, 4 months; every classroom. But to reach that SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- goal, we need to recruit, train, retain ‘‘(9) for 2014, 2 months; and PORT ON DELAY AND PREVENTION ‘‘(10) for 2015 and each subsequent year, 0 OF DISABILITY CONDITIONS. and support our teachers. The TEACH months.’’. (a) STUDY.—The Secretary of Health and Act addresses four specific challenges (c) CONFORMING AMENDMENTS.— Human Services (in this section referred to head on: to increase the supply of out- (1) SUNSET.—Effective January 1, 2015, sub- as the ‘‘Secretary’’) shall request that the standing teachers; to ensure all chil- section (f) of section 226 of the Social Secu- Institute of Medicine of the National Acad- dren have teachers with expertise in rity Act (42 U.S.C. 426) is repealed. emy of Sciences conduct a study on the the subjects they teach; to improve (2) MEDICARE DESCRIPTION.—Section 1811(2) range of disability conditions that can be de- teaching by identifying and rewarding of such Act (42 U.S.C. 1395c(2)) is amended by layed or prevented if individuals receive ac- striking ‘‘entitled for not less than 24 cess to health care services and coverage be- the best practices and expanding pro- months’’ and inserting ‘‘entitled for the fore the condition reaches disability levels. fessional development opportunities; waiting period (as defined in section 226(k))’’. (b) REPORT.—Not later than the date that and to help schools retain teachers and (3) MEDICARE COVERAGE.—Section 1837(g)(1) is 2 years after the date of enactment of this principals by providing the support of such Act (42 U.S.C. 1395p(g)(1)) is amended Act, the Secretary shall submit to Congress they need to succeed. by striking ‘‘of the later of (A) April 1973 or a report containing the results of the Insti- Since enrollment in public schools (B) the third month before the 25th month of tute of Medicine study authorized under this has reached an all-time high of 53 mil- such entitlement’’ and inserting ‘‘of the section. lion students, and is expected to keep (c) AUTHORIZATION OF APPROPRIATIONS.— third month before the first month following increasing over the next decade, addi- the waiting period (as defined in section There is authorized to be appropriated to 226(k)) applicable under section 226(b)’’. carry out this section $750,000 for the period tional highly qualified teachers are (4) RAILROAD RETIREMENT SYSTEM.—Section of fiscal years 2006 and 2007. needed to meet the growing demand. 7(d)(2)(ii) of the Railroad Retirement Act of Many schools face a teacher crisis, 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended— By Mr. KENNEDY (for himself particularly in our poorest commu- (A) by striking ‘‘, for not less than 24 and Mr. DURBIN): nities. Currently, there are approxi- months’’ and inserting ‘‘, for the waiting pe- S. 1218. A bill to amend the Elemen- mately 3 million public school teachers riod (as defined in section 226(k) of the So- tary and Secondary Education Act of across the country. Two million new, cial Security Act); and 1965, the Higher Education Act of 1965, qualified teachers will be needed in the (B) by striking ‘‘could have been entitled and the Internal Revenue Code of 1986 next 10 years to serve the growing stu- for 24 calendar months, and’’ and inserting to improve recruitment, preparation, ‘‘could have been entitled for the waiting pe- dent population. Yet we are not even riod (as defined is section 226(k) of the Social distribution, and retention of public el- retaining the teachers we have today. Security Act), and’’. ementary and secondary school teach- A third of all teachers leave during (d) EFFECTIVE DATE.—Except as provided in ers and principals, and for other pur- their first 3 years, and almost half subsection (c)(1), the amendments made by poses; to the Committee on Finance. leave during the first 5 years.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12148 CONGRESSIONAL RECORD—SENATE June 9, 2005 Too often, teachers also lack the els to identify and improve teacher ef- consent that the text of the bill be training and support needed to do well fectiveness and recognize exceptional printed in the RECORD. in the classroom. They are paid on av- teaching in the classroom. States will There being no objection, the bill was erage almost $8,000 less than graduates develop data systems to track student ordered to be printed in the RECORD, as in other fields, and the gap widens to progress and relate it to the level of in- follows: more than $23,000 after 15 years of struction provided in the classroom. S. 1218 teaching. Thirty-seven percent of The bill also encourages the develop- Be it enacted by the Senate and House of Rep- teachers cite low salaries as a main ment of model teacher advancement resentatives of the United States of America in factor for leaving the classroom before programs with competitive compensa- Congress assembled, retirement. tion structures that recognize and re- SECTION 1. SHORT TITLE. The TEACH Act will do more to re- ward different roles, responsibilities, This Act may be cited as the ‘‘Teacher Ex- cruit and retain highly qualified teach- knowledge, skills and positive results. cellence for All Children Act of 2005’’. ers—particularly in schools and sub- Too often, teachers lack the training SEC. 2. TABLE OF CONTENTS. jects where they are needed the most. The table of contents of this Act is as fol- they need before reaching the class- lows: The bill provides financial incentives room. On the job, they have few Sec. 1. Short title. to encourage talented persons to enter sources of support to meet the chal- Sec. 2. Table of contents. and remain in the profession and it of- lenges they face in the classroom, and Sec. 3. Findings. fers higher salaries, tax breaks, and few opportunities for ongoing profes- TITLE I—RECRUITING TALENTED NEW greater loan forgiveness. sional development to expand their TEACHERS To attract motivated and talented skills. The bill responds to the needs of Sec. 101. Amendments to Higher Education individuals to teaching, the bill pro- teachers in their first years in the Act of 1965. vides up-front tuition assistance— classroom by creating new and innova- Sec. 102. Extending and expanding teacher loan forgiveness. $4,000 per year—to high-performing un- tive teacher induction models that use dergraduate students who agree to proven strategies to support beginning TITLE II—CLOSING THE TEACHER DISTRIBUTION GAP commit to teach for 4 years in high- teachers. New teachers will have access need areas and in subjects such as Sec. 201. Grants to local educational agen- to mentoring, opportunities for cooper- cies to provide premium pay to math, science, and special education. ative planning with their peers, and a teachers in high-need schools. One of our greatest challenges in special transition year to ease into the TITLE III—IMPROVING TEACHER school reform today is to equalize the pressures of entering the classroom. PREPARATION playing field, so that the neediest stu- Veteran teachers will have an oppor- Sec. 301. Amendment to Elementary and dents have access to the best teachers tunity to improve their skills through Secondary Education Act of to help them succeed. Research shows peer mentoring and review. Other sup- 1965. that good teachers are the single most port includes professional development Sec. 302. Amendment to the Higher Edu- important factor in the success of chil- delivered through teaching centers to cation Act of 1965: Teacher dren in school, both academically and improve training and working condi- Quality Enhancement Grants. developmentally. Children with good Sec. 303. Enforcing NCLB’s teacher equity tions for teachers. provision. instruction can reach new heights Since good leadership is also essen- through the hard work, vision, and en- TITLE IV—EQUIPPING TEACHERS, tial for schools, the bill provides im- SCHOOLS, LOCAL EDUCATIONAL AGEN- ergy of their teachers. Good teaching portant incentives and support for CIES, AND STATES WITH THE 21ST CEN- helps overcome the harmful effects of principals by raising standards and im- TURY DATA, TOOLS, AND ASSESS- poverty and other disadvantages on proving recruitment and training for MENTS THEY NEED student learning. them as well. Sec. 401. 21st Century Data, Tools, and As- Unfortunately, we still have a long This legislation was developed with sessments. way to go. In high-poverty schools, the help of a broad and diverse group of Sec. 402. Collecting national data on dis- teacher turnover is 33 percent higher educational professionals and experts, tribution of teachers. than in other schools. In the poorest including the Alliance for Excellent TITLE V—RETENTION: KEEPING OUR middle schools and high schools, stu- Education, the American Federation of BEST TEACHERS IN THE CLASSROOM dents are 77 percent more likely to be Teachers, the Business Roundtable, the Sec. 501. Amendment to Elementary and assigned an out-of-field teacher. Al- Center for American Progress Action Secondary Education Act of most a third of classes are taught by 1965. Fund, the Children’s Defense Fund, the Sec. 502. Exclusion from gross income of teachers with no background in the Education Trust, the National Council compensation of teachers and subject—no major degree, no minor de- on Teacher Quality, the National Coun- principals in certain high-need gree, no certification. cil of La Raza, the National Education schools or teaching high-need Despite our past efforts, this problem Association, New Leaders for New subjects. is worsening. In most academic sub- Schools, the New Teacher Center, Oper- Sec. 503. Above-the-line deduction for cer- jects, the percentage of secondary ation Public Education, the Teacher tain expenses of elementary and secondary school teachers school teachers ‘‘out-of-field’’—those Advancement Program Foundation, teaching a class in which they do not increased and made permanent. Teach for America and the Teaching TITLE VI—MISCELLANEOUS PROVISIONS have a major, a minor, or a certifi- Commission. I thank them for their Sec. 601. Conforming amendments. cation—increased from 1993 to 2000. help and their work on behalf of our SEC. 3. FINDINGS. Clearly, we must do a better job of at- Nation’s children. tracting better teachers to the neediest The Congress finds as follows: As Shirley Mount Hufstedler, the (1) There are not enough qualified teachers classrooms and do more to reward their first United States Secretary of Edu- in the Nation’s classrooms, and an unprece- efforts so that they stay in the class- cation, has said: dented number of teachers will retire over room. The role of the teacher remains the highest the next 5 years. Over the next decade, the Because schools compete for the best calling of a free people. To the teacher, Nation will need to bring 2,000,000 new teach- teachers, the bill provides funding to America entrusts her most precious re- ers into public schools. school districts to reward teachers who source, her children; and asks that they be (2) Too many teachers and principals do transfer to schools with the greatest prepared, in all their glorious diversity, to not receive adequate preparation for their challenges, and provides incentives for face the rigors of individual participation in jobs. a democratic society. (3) More than one-third of children in teachers working in math, science, and grades 7–12 are taught by a teacher who special education. We must do all in our power to help lacks both a college major and certification The TEACH Act also establishes a them in this endeavor. in the subject being taught. Rates of ‘‘out-of- framework to develop and use the sys- I urge my colleagues to join in sup- field teaching’’ are especially high in high- tems needed at the State and local lev- porting this bill and I ask unanimous poverty schools.

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(4) Seventy percent of mathematics classes Assistance for College and Higher Education ‘‘(2) GRADUATE STUDENTS.—The period dur- in high-poverty middle schools are assigned Grants’ or ‘TEACH Grants’. ing which a graduate student may receive to teachers without even a minor in mathe- ‘‘(b) PAYMENT METHODOLOGY.— TEACH Grants shall be the period required matics or a related field. ‘‘(1) PREPAYMENT.—Not less than 85 per- for the completion of a master’s degree (5) Teacher turnover is a serious problem, cent of such sums shall be advanced to eligi- course of study being pursued by that stu- particularly in urban and rural areas. Over ble institutions prior to the start of each dent at the institution at which the student one-third of new teachers leave the profes- payment period and shall be based upon an is in attendance, except that the total sion within their first 3 years of teaching, amount requested by the institution as need- amount that a student may receive under and 14 percent of new teachers leave the field ed to pay eligible students until such time as this part for graduate study shall not exceed within the first year. After 5 years—the av- the Secretary determines and publishes in $8,000. erage time it takes for teachers to maximize the Federal Register with an opportunity for ‘‘(3) REMEDIAL COURSE; STUDY ABROAD.— students’ learning—half of all new teachers comment, an alternative payment system Nothing in this section shall exclude from will have exited the profession. Rates of that provides payments to institutions in an eligibility courses of study that are non- teacher attrition are highest in high-poverty accurate and timely manner, except that credit or remedial in nature (including schools. Between 2000 and 2001, 1 out of 5 this sentence shall not be construed to limit courses in English language acquisition) that teachers in the Nation’s high-poverty the authority of the Secretary to place an are determined by the institution to be nec- schools either left to teach in another school institution on a reimbursement system of essary to help the student be prepared for or dropped out of teaching altogether. payment. the pursuit of a first undergraduate bacca- (6) Fourth graders who are poor score dra- ‘‘(2) DIRECT PAYMENT.—Nothing in this sec- laureate degree or certificate or, in the case matically lower on the National Assessment tion shall be interpreted to prohibit the Sec- of courses in English language instruction, of Educational Progress (NAEP) than their retary from paying directly to students, in to be necessary to enable the student to uti- counterparts who are not poor. Over 85 per- advance of the beginning of the academic lize already existing knowledge, training, or cent of fourth graders who are poor failed to term, an amount for which they are eligible, skills. Nothing in this section shall exclude attain NAEP proficiency standards in 2003. in cases where the eligible institution elects from eligibility programs of study abroad (7) African-American, Latino, and low-in- not to participate in the disbursement sys- that are approved for credit by the home in- come students are much less likely than tem required by paragraph (1) . stitution at which the student is enrolled. other students to have highly-qualified ‘‘(3) DISTRIBUTION OF GRANTS TO STU- ‘‘SEC. 233. ELIGIBILITY AND APPLICATIONS FOR teachers. DENTS.—Payments under this part shall be GRANTS. made, in accordance with regulations pro- (8) Research shows that individual teachers ‘‘(a) APPLICATIONS; DEMONSTRATION OF ELI- mulgated by the Secretary for such purpose, have a great impact on how well their stu- GIBILITY.— in such manner as will best accomplish the ‘‘(1) FILING REQUIRED.—The Secretary shall dents learn. The most effective teachers have purposes of this part. Any disbursement al- from time to time set dates by which stu- been shown to be able to boost their pupils’ lowed to be made by crediting the student’s dents shall file applications for TEACH learning by a full grade level relative to stu- account shall be limited to tuition and fees Grants under this part. Each student desir- dents taught by less effective teachers. and, in the case of institutionally owned ing a TEACH Grant for any year shall file an (9) Although nearly half (42 percent) of all housing, room and board. The student may application therefore containing such infor- teachers hold a master’s degree, fewer than 1 elect to have the institution provide other mation and assurances as the Secretary may in 4 secondary teachers have a master’s de- such goods and services by crediting the stu- deem necessary to enable the Secretary to gree in the subject they teach. dent’s account. carry out the functions and responsibilities (10) Young people with high SAT and ACT ‘‘(c) REDUCTIONS IN AMOUNT.— of this part. scores are much less likely to choose teach- ‘‘(1) PART TIME STUDENTS.—In any case ‘‘(2) DEMONSTRATION OF ELIGIBILITY.—Each ing as a career. Those who have higher SAT where a student attends an institution of such application shall contain such informa- or ACT scores are twice as likely to leave higher education on less than a full-time tion as is necessary to demonstrate that— the profession after only a few years. basis (including a student who attends an in- ‘‘(A) if the applicant is an enrolled stu- (11) Only 16 States finance new teacher in- stitution of higher education on less than a dent— duction programs, and fewer still require in- half-time basis) during any academic year, ‘‘(i) the student is an eligible student for ductees to be matched with mentors who the amount of the TEACH Grant to which purposes of section 484 (other than sub- teach the same subject. that student is eligible shall be reduced in section (r) of such section); TITLE I—RECRUITING TALENTED NEW proportion to the degree to which that stu- ‘‘(ii) the student— TEACHERS dent is not so attending on a full-time basis, ‘‘(I) has a grade point average that is de- SEC. 101. AMENDMENTS TO HIGHER EDUCATION in accordance with a schedule of reductions termined, under standards prescribed by the ACT OF 1965. established by the Secretary for the purpose Secretary, to be comparable to a 3.25 average (a) TEACH GRANTS.—Title II of the Higher of this part, computed in accordance with on a zero to 4.0 scale, except that, if the stu- Education Act of 1965 (20 U.S.C. 1021 et seq.) this part. Such schedule of reductions shall dent is in the first year of a program of un- is amended by adding at the end the fol- be established by regulation and published in dergraduate education, such grade point av- lowing new part: the Federal Register in accordance with sec- erage shall be determined on the basis of the tion 482 of this Act. ‘‘PART C—TEACH GRANTS student’s cumulative high school grade point ‘‘(2) NO EXCEEDING COST.—No TEACH Grant average; or ‘‘SEC. 231. PURPOSES. for a student under this part shall exceed the ‘‘(II) displayed high academic aptitude by ‘‘The purposes of this part are— cost of attendance (as defined in section 472) receiving a score above the 75th percentile ‘‘(1) to improve student academic achieve- at the institution at which such student is in on at least one of the batteries in an under- ment; attendance. If, with respect to any student, graduate or graduate school admissions test; ‘‘(2) to help recruit and prepare teachers to it is determined that the amount of a and meet the national demand for a highly quali- TEACH Grant exceeds the cost of attendance ‘‘(iii) the student is completing coursework fied teacher in every classroom; and for that year, the amount of the TEACH and other requirements necessary to begin a ‘‘(3) to increase opportunities for Ameri- Grant shall be reduced until the TEACH career in teaching, or plans to complete such cans of all educational, ethnic, class, and ge- Grant does not exceed the cost of attendance coursework and requirements prior to grad- ographic backgrounds to become highly at such institution. uating; or qualified teachers. ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— ‘‘(B) if the applicant is a current or pro- ‘‘SEC. 232. PROGRAM ESTABLISHED. ‘‘(1) UNDERGRADUATE STUDENTS.—The pe- spective teacher applying for a grant to ob- ‘‘(a) PROGRAM AUTHORITY.— riod during which an undergraduate student tain a graduate degree— ‘‘(1) PAYMENTS REQUIRED.—For each of the may receive TEACH Grants shall be the pe- ‘‘(i) the applicant is a teacher or a retiree fiscal years 2006 through 2013, the Secretary riod required for the completion of the first from another occupation with expertise in a shall pay to each eligible institution such undergraduate baccalaureate course of study field in which there is a shortage of teachers, sums as may be necessary to pay to each eli- being pursued by that student at the institu- such as mathematics, science, special edu- gible student (defined in accordance with tion at which the student is in attendance, cation, English language acquisition, or an- section 484) who files an application and except that— other high-need subject; or agreement in accordance with section 233, ‘‘(A) any period during which the student ‘‘(ii) the applicant is or was a teacher who and qualifies under subsection (a)(2) of such is enrolled in a noncredit or remedial course is using high-quality alternative certifi- section, a TEACH Grant in the amount of of study, subject to paragraph (3), shall not cation routes, such as Teach for America, to $4,000 for each academic year during which be counted for the purpose of this paragraph; get certified. that student is in attendance at an institu- and ‘‘(b) AGREEMENTS TO SERVE.—Each applica- tion of higher education. ‘‘(B) the total amount that a student may tion under subsection (a) shall contain or be ‘‘(2) REFERENCE.—Grants made under this receive under this part for undergraduate accompanied by an agreement by the appli- part shall be known as ‘Teacher Education study shall not exceed $16,000. cant that—

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12150 CONGRESSIONAL RECORD—SENATE June 9, 2005 ‘‘(1) the applicant will— jors, with an emphasis on high-need subjects 10(c)) is amended by adding at the end the ‘‘(A) serve as a full-time teacher for a total such as mathematics, science, foreign lan- following: of not less than 4 academic years within 8 guages, and teaching the English language to ‘‘(4) ANNUAL INCREMENTS.—Notwith- years after completing the course of study students with limited English proficiency; standing paragraph (1), in the case of an indi- for which the applicant received a TEACH ‘‘(2) may be used to upgrade curriculum in vidual qualifying for loan forgiveness under Grant under this part; order to provide all students studying to be- paragraph (3), the Secretary shall, in lieu of ‘‘(B) teach— come teachers with high-quality instruc- waiting to assume an obligation only upon ‘‘(i) in a school described in section tional strategies for teaching reading and completion of 5 complete years of service, as- 465(a)(2)(A); and teaching the English language to students sume the obligation to repay— ‘‘(ii) in any of the following fields: mathe- with limited English proficiency, and for ‘‘(A) after each of the first and second matics, science, a foreign language, bilingual modifying instruction to teach students with years of service by an individual in a posi- education, or special education, or as a read- special needs; tion qualifying under paragraph (3), 15 per- ing specialist, or another field documented ‘‘(3) may be used to integrate school of cent of the total amount of principal and in- as high-need by the Federal Government, education faculty with other arts and terest of the loans described in paragraph (1) State government, or local education agency science faculty in mathematics, science, for- to such individual that are outstanding im- and submitted to the Secretary; eign languages, and teaching the English mediately preceding such first year of such ‘‘(C) submit evidence of such employment language to students with limited English service; in the form of a certification by the chief ad- proficiency through steps such as— ‘‘(B) after each of the third and fourth ministrative officer of the school upon com- ‘‘(A) dual appointments for faculty be- years of such service, 20 percent of such total pletion of each year of such service; and tween schools of education and schools of amount; and ‘‘(D) comply with the requirements for arts and science; and ‘‘(C) after the fifth year of such service, 30 being a highly qualified teacher as defined in ‘‘(B) integrating coursework with clinical percent of such total amount.’’. section 9101 of the Elementary and Sec- experience; and (2) DIRECT LOANS.—Section 460(c) of the ondary Education Act of 1965; and ‘‘(4) may be used to develop strategic plans Higher Education Act of 1965 (20 U.S.C. ‘‘(2) in the event that the applicant is de- between schools of education and local 1087j(c)) is amended by adding at the end the termined to have failed or refused to carry school districts to better prepare teachers following: out such service obligation, the sum of the for high-need schools, including the creation ‘‘(4) ANNUAL INCREMENTS.—Notwith- amounts of such Teach Grants will be treat- of professional development partnerships for standing paragraph (1), in the case of an indi- ed as a loan and collected from the applicant training new teachers in state-of-the-art vidual qualifying for loan cancellation under in accordance with subsection (c) and the practice. paragraph (3), the Secretary shall, in lieu of regulations thereunder. ‘‘SEC. 242. AUTHORIZATION OF APPROPRIATIONS. waiting to assume an obligation only upon ‘‘(c) REPAYMENT FOR FAILURE TO COMPLETE ‘‘There are authorized to be appropriated completion of 5 complete years of service, as- SERVICE.—In the event that any recipient of to make grants under this part $200,000,000 sume the obligation to repay— a TEACH Grant fails or refuses to comply for fiscal year 2006 and such sums as may be ‘‘(A) after each of the first and second with the service obligation in the agreement necessary for each of the 5 succeeding fiscal years of service by an individual in a posi- under subsection (b), the sum of the amounts years.’’. tion qualifying under paragraph (3), 15 per- of such Grants provided to such recipient (c) PART A AUTHORIZATION.—Section 210 of cent of the total amount of principal and in- shall be treated as a Direct Loan under part the Higher Education Act of 1965 (20 U.S.C. terest of the loans described in paragraph (1) D of title IV, and shall be subject to repay- 1030) is amended— to such individual that are outstanding im- ment in accordance with terms and condi- (1) by striking ‘‘$300,000,000 for fiscal year mediately preceding such first year of such tions specified by the Secretary in regula- 1999’’ and inserting ‘‘$400,000,000 for fiscal service; tions promulgated to carry out this part.’’. year 2006’’; and ‘‘(B) after each of the third and fourth (b) RECRUITING TEACHERS WITH MATHE- (2) by striking ‘‘4 succeeding’’ and insert- years of such service, 20 percent of such total MATICS, SCIENCE, OR LANGUAGE MAJOR.—Title amount; and II of the Higher Education Act of 1965 (20 ing ‘‘5 succeeding’’. ‘‘(C) after the fifth year of such service, 30 U.S.C. 1021 et seq.), as amended by sub- SEC. 102. EXTENDING AND EXPANDING TEACHER section (a), is further amended by adding at LOAN FORGIVENESS. percent of such total amount.’’. the end the following: (a) PERMANENT EXTENSION.—Section 3(b)(3) TITLE II—CLOSING THE TEACHER of the Taxpayer-Teacher Protection Act of ‘‘PART D—RECRUITING TEACHERS WITH DISTRIBUTION GAP 2004 (P.L. 108–409; 118 Stat. 2300) is amended MATHEMATICS, SCIENCE, OR LANGUAGE SEC. 201. GRANTS TO LOCAL EDUCATIONAL by striking ‘‘1998, and before October 1, 2005’’ MAJORS AGENCIES TO PROVIDE PREMIUM and inserting ‘‘1998’’. PAY TO TEACHERS IN HIGH-NEED ‘‘SEC. 241. PROGRAM AUTHORIZED. (b) INCREASED AMOUNT; APPLICABILITY OF SCHOOLS. ‘‘(a) GRANTS AUTHORIZED.—From the EXPANDED PROGRAM TO READING SPE- amounts appropriated under section 242, the Title II of the Elementary and Secondary CIALIST.—Sections 428J(c)(3) and 460(c)(3) of Education Act of 1965 (20 U.S.C. 6601 et seq.) Secretary shall make competitive grants to the Higher Education Act of 1965 (20 U.S.C. institutions of higher education to improve is amended by adding at the end the fol- 1078–10(c)(3), 1087j(c)(3)) are each amended— lowing: the availability and recruitment of teachers (1) by striking ‘‘$17,500’’ and inserting from among students majoring in mathe- ‘‘$20,000’’; ‘‘PART E—TEACHER EXCELLENCE FOR matics, science, foreign languages, special (2) by striking ‘‘and’’ at the end of subpara- ALL CHILDREN education, or teaching the English language graph (A)(ii); ‘‘SEC. 2500. DEFINITIONS. to students with limited English proficiency. (3) by striking the period at the end of sub- ‘‘In this part: In making such grants, the Secretary shall ‘‘(1) The term ‘high-need local educational give priority to programs that focus on pre- paragraph (B)(iii) and inserting ‘‘; and’’; and agency’ means a local educational agency— paring teachers in subjects in which there is (4) by adding at the end the following new a shortage of highly qualified teachers and subparagraph: ‘‘(A) that serves not fewer than 10,000 chil- that prepare students to teach in high-need ‘‘(C) an elementary or secondary school dren from families with incomes below the schools. teacher who primarily teaches reading and poverty line, or for which not less than 20 ‘‘(b) APPLICATION.—Any institution of who— percent of the children served by the agency higher education desiring to obtain a grant ‘‘(i) has obtained a separate reading in- are from families with incomes below the under this part shall submit to the Secretary struction credential from the State in which poverty line; and an application at such time, in such form, the teacher is employed; and ‘‘(B) that is having or expected to have dif- and containing such information and assur- ‘‘(ii) is certified by the chief administra- ficulty filling teacher vacancies or hiring ances as the Secretary may require, which tive officer of the public or nonprofit private new teachers who are highly qualified. shall— elementary school or secondary school in ‘‘(2) The term ‘value-added longitudinal ‘‘(1) include reporting on baseline produc- which the borrower is employed to teach data system’ means a longitudinal data sys- tion of teachers with expertise in mathe- reading— tem for determining value-added student matics, science, a foreign language, or teach- ‘‘(I) as being proficient in teaching the es- achievement gains. ing English language learners; and sential components of reading instruction, as ‘‘(3) The term ‘value-added student ‘‘(2) establish a goal and timeline for in- defined in section 1208 of the Elementary and achievement gains’ means student achieve- creasing the number of such teachers who Secondary Education Act of 1965; and ment gains determined by means of a system are prepared by the institution. ‘‘(II) as having such credential.’’. that— ‘‘(c) USE OF FUNDS.—Funds made available (c) ANNUAL INCREMENTS INSTEAD OF END OF ‘‘(A) is sufficiently sophisticated and by a grant under this part— SERVICE LUMP SUMS.— valid— ‘‘(1) shall be used to create new recruit- (1) FFEL LOANS.—Section 428J(c) of the ‘‘(i) to deal with the problem of students ment incentives to teaching from other ma- Higher Education Act of 1965 (20 U.S.C. 1078– with incomplete records;

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12151 ‘‘(ii) to enable estimates to be precise and ‘‘(3) conducted by multiple sources, includ- otherwise affect the rights, remedies, and to use all the data for all students in mul- ing master teachers and principals; and procedures afforded school or district em- tiple years, regardless of sparseness, in order ‘‘(4) evaluated against research-validated ployees under Federal, State, or local laws to avoid measurement error in test scores rubrics that use planning, instructional, and (including applicable regulations or court or- (such as by using multivariate, longitudinal learning environment standards to measure ders) or under the terms of collective bar- analyses); and teaching performance. gaining agreements, memoranda of under- ‘‘(iii) to protect against inappropriate test- ‘‘(f) APPLICATION REQUIREMENTS.—To seek standing, or other agreements between such ing practices or improprieties in test admin- a grant under this section, a local edu- employees and their employers. istration; cational agency shall submit an application ‘‘(h) PRIORITY.—In providing higher sala- ‘‘(B) includes a way to acknowledge the ex- at such time, in such manner, and con- ries to principals and teachers under this istence of influences on student growth, such taining such information as the Secretary section, a local educational agency shall give as pull-out programs for support beyond reasonably requires. At a minimum, the ap- priority to principals and teachers at schools standard delivery of instruction, so that af- plication shall include the following: identified under section 1116 for school im- fected teachers do not receive an unfair ad- ‘‘(1) A description of the agency’s proposed provement, corrective action, or restruc- vantage; and new teacher hiring timeline, including in- turing. ‘‘(i) DEFINITIONS.—In this section: ‘‘(C) has the capacity to assign various pro- terim goals for any phase-in period. ‘‘(1) The term ‘high-need’ means, with re- portions of student growth to multiple ‘‘(2) An assurance that the agency will— spect to an elementary school or a secondary teachers when the classroom reality, such as ‘‘(A) pay matching funds for the program school, a school that serves an eligible team teaching and departmentalized instruc- carried out with the grant, which matching school attendance area in which not less tion, makes such type of instruction an funds may be derived from funds received than 65 percent of the children are from low- issue. under other provisions of this title; income families, based on the number of ‘‘(B) commit to making the program sus- ‘‘Subpart 1—Distribution children eligible for free and reduced priced tainable over time; ‘‘SEC. 2501. PREMIUM PAY; LOAN REPAYMENT. lunches under the Richard B. Russell Na- ‘‘(C) create incentives to bring a critical ‘‘(a) GRANTS.—The Secretary shall make tional School Lunch Act, or in which not grants to local educational agencies to pro- mass of exemplary, highly qualified teachers less than 65 percent of the children enrolled vide higher salaries to exemplary, highly to each school whose teachers will receive are from such families. qualified principals and exemplary, highly assistance under this section; ‘‘(2) The term ‘documented shortage of qualified teachers with at least 3 years of ex- ‘‘(D) improve the school’s working condi- teachers’— perience, including teachers certified by the tions through activities that may include ‘‘(A) means a shortage of teachers docu- National Board for Professional Teaching but are not limited to— mented in the needs assessment submitted Standards, if the principal or teacher agrees ‘‘(i) reducing class size; under section 2122 by the local educational to serve full-time for a period of 4 consecu- ‘‘(ii) ensuring availability of classroom agency involved or some other official dem- tive school years at a public high-need ele- materials, textbooks, and other supplies; onstration of shortage by the local education mentary school or a public high-need sec- ‘‘(iii) improving or modernizing facilities; agency; and ondary school. and ‘‘(B) may include such a shortage in math- ‘‘(b) USE OF FUNDS.—A local educational ‘‘(iv) upgrading safety; and ematics, science, a foreign language, special agency that receives a grant under this sec- ‘‘(E) accelerate the timeline for hiring new education, bilingual education, or reading. tion may use funds made available through teachers in order to minimize the with- ‘‘(3) The term ‘exemplary, highly qualified the grant— drawal of high-quality teacher applicants principal’ means a principal who— ‘‘(1) to provide to exemplary, highly quali- and secure the best new teacher talent for ‘‘(A) demonstrates a belief that every stu- fied principals up to $15,000 as an annual their hardest-to-staff schools. dent can achieve at high levels; bonus for each of 4 consecutive school years ‘‘(3) An assurance that, in identifying ex- ‘‘(B) demonstrates an ability to drive sub- if the principal commits to work full-time emplary teachers, the system described in stantial gains in academic achievement for for such period in a public high-need elemen- paragraph (1) will take into consideration— all students while closing the achievement tary school or a public high-need secondary ‘‘(A) growth of the teacher’s students on gap for those farthest from meeting stand- school; and any tests required by the State educational ards; ‘‘(2) to provide to exemplary, highly quali- agency; ‘‘(C) uses data to drive instructional im- fied teachers— ‘‘(B) value-added student achievement provement; ‘‘(A) up to $10,000 as an annual bonus for gains if such teacher is in a State that uses ‘‘(D) provides ongoing support and develop- each of 4 consecutive school years if the a value-added longitudinal data system; ment for teachers; and teacher commits to work full-time for such ‘‘(C) National Board for Professional ‘‘(E) builds a positive school community, period in a public high-need elementary Teaching Standards certification; and treating every student with respect and rein- school or a public high-need secondary ‘‘(D) evidence of teaching skill documented forcing high expectations for all. school; or in performance-based assessments. ‘‘(4) The term ‘exemplary, highly qualified ‘‘(B) up to $12,500 as an annual bonus for ‘‘(g) HIRING HIGHLY QUALIFIED TEACHERS teacher’ means a highly qualified teacher each of 4 consecutive school years if the EARLY AND IN A TIMELY MANNER.— who is rated as exemplary pursuant to a sys- teacher commits to work full-time for such ‘‘(1) IN GENERAL.—In addition to the re- tem described in subsection (e). period teaching a subject for which there is quirements of subsection (f), an application ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— a documented shortage of teachers in a pub- under such subsection shall include a de- To carry out this section, there are author- lic high-need elementary school or a public scription of the steps the local educational ized to be appropriated $2,200,000,000 for fiscal high-need secondary school. agency will take to enable all or a subset of year 2006 and such sums as may be necessary ‘‘(c) TIMING OF PAYMENT.—A local edu- the agency’s schools to hire new highly for each of the 5 succeeding fiscal years. cational agency providing an annual bonus qualified teachers early and in a timely man- ‘‘SEC. 2502. CAREER LADDERS FOR TEACHERS to a principal or teacher under subsection (b) ner, including— PROGRAM. shall pay the bonus on completion of the ‘‘(A) requiring a clear and early notifica- ‘‘(a) GRANTS.—The Secretary may make service requirement by the principal or tion date for retiring teachers that is no grants to local educational agencies to es- teacher for the applicable year. later than March 15 each year; tablish and implement a Career Ladders for ‘‘(d) GRANT PERIOD.—The Secretary shall ‘‘(B) providing schools with their staffing Teachers Program in which the agency— make grants under this section in yearly in- allocations no later than April of the pre- ‘‘(1) augments the salary of teachers in stallments for a total period of 4 years. ceding school year; high-need elementary schools and high-need ‘‘(e) OBSERVATION, FEEDBACK, AND EVALUA- ‘‘(C) enabling schools to consider external secondary schools to correspond to the in- TION.—The Secretary may make a grant to a candidates at the same time as internal can- creasing responsibilities and leadership roles local educational agency under this section didates for available positions; assumed by the teachers as they take on new only if the State in which the agency is lo- ‘‘(D) moving up the teacher transfer period professional roles (such as serving on school cated or the agency has in place or proposes to April and not requiring schools to hire leadership teams, serving as instructional a plan, developed on a collaborative basis transferring or ‘excessed’ teachers from coaches, and serving in hybrid roles), includ- with the local teacher organization, to de- other schools without selection and consent; ing by— velop a system in which principals and, if and ‘‘(A) providing up to $10,000 as an annual available, master teachers rate teachers as ‘‘(E) establishing and implementing a new augmentation to master teachers (including exemplary. Such a system shall be— principal accountability framework to en- teachers serving as master teachers as part ‘‘(1) based on strong learning gains for stu- sure that principals with increased hiring of a state-of the-art teacher induction pro- dents; authority are improving teacher quality. gram under section 2511); and ‘‘(2) based on classroom observation and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) providing up to $5,000 as an annual feedback at least four times annually; this subsection shall be construed to alter or augmentation to mentor teachers (including

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12152 CONGRESSIONAL RECORD—SENATE June 9, 2005 teachers serving as mentor teachers as part ‘‘(3) The term ‘master teacher’ means a the new teacher, and are trained to mentor of a state-of-the-art teacher induction pro- teacher who— new teachers; gram under section 2511); ‘‘(A) holds a master’s degree in the rel- ‘‘(B) at least 90 minutes each week of com- ‘‘(2) provides up to $4,000 as an annual evant academic discipline; mon meeting time for a new teacher to dis- bonus to all career teachers, master teach- ‘‘(B) has at least 5 years of successful cuss student work and teaching under the di- ers, and mentor teachers in high-need ele- teaching experience, as measured by per- rector of a master or mentor teacher; mentary schools and high-need secondary formance evaluations, a portfolio of work, or ‘‘(C) regular classroom observation in the schools based on a combination of— National Board for Professional Teaching new teacher’s classroom; ‘‘(A) at least 3 classroom evaluations over Standards certification; ‘‘(D) observation by the new teacher of the the course of the year that shall— ‘‘(C) demonstrates expertise in content, mentor teacher’s classroom; ‘‘(i) be conducted by multiple evaluators, curriculum development, student learning, ‘‘(E) intensive professional development including master teachers and the principal; test analysis, mentoring, and professional activities for new teachers that result in im- ‘‘(ii) be based on classroom observation at development, as demonstrated by an ad- proved teaching leading to student achieve- least 3 times annually; and vanced degree, advanced training, career ex- ment, including lesson demonstration by ‘‘(iii) be evaluated against research-vali- perience, or National Board for Professional master and mentor teachers in the class- dated benchmarks that use planning, in- Teaching Standards certification; room, observation, and feedback; structional, and learning environment stand- ‘‘(D) presents student data that illustrates ‘‘(F) training in effective instructional ards to measure teacher performance; and the teacher’s ability to increase student services and classroom management strate- ‘‘(B) the performance of the teacher’s stu- achievement through utilizing specific in- gies for mainstream teachers serving stu- dents as determined by— structional interventions; dents with disabilities and students with ‘‘(i) student growth on any test that is re- ‘‘(E) has instructional expertise dem- limited English proficiency; quired by the State educational agency or onstrated through model teaching, team ‘‘(G) observation of teachers and feedback local educational agency and is administered teaching, video presentations, student at least 4 times each school year by multiple to the teacher’s students; or achievement gains, or National Board for evaluators, including master teachers and ‘‘(ii) in States or local educational agen- Professional Teaching Standards certifi- the principals, using research-validated cies with value-added longitudinal data sys- cation; benchmarks of teaching skills and standards tems, whole-school value-added student ‘‘(F) may hold a valid National Board for that are developed with input from teachers; achievement gains and classroom-level Professional Teaching Standards certificate, ‘‘(H) paid release time for the mentor value-added student achievement gains; or may have passed another rigorous standard, teacher for mentoring, or salary supplements ‘‘(3) provides up to $4,000 as an annual or may have been selected as a school, dis- under section 2502, for mentoring new teach- bonus to principals in elementary schools trict, or State teacher of the year; and ers at a ratio of one full-time mentor to and secondary schools based on the perform- ‘‘(G) is currently participating, or has pre- every 12 new teachers; ance of the school’s students, taking into viously participated, in a professional devel- ‘‘(I) a transition year to the classroom that consideration whole-school value-added stu- opment program that supports classroom includes a reduced workload for beginning dent achievement gains in States that have teachers as mentors. teachers; and value-added longitudinal data systems and in ‘‘(4) The term ‘high-need’, with respect to ‘‘(J) a standards-based assessment of every which information on whole-school value- an elementary school or a secondary school, beginning teacher to determine whether the added student achievement gains is avail- has the meaning given to that term in sec- teacher should move forward in the teaching able. tion 2501. profession, which assessment may include ‘‘(b) ELIGIBILITY REQUIREMENT.—A local ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— educational agency may not use any funds examination of practice and a measure of To carry out this section, there is authorized under this section to establish or implement gains in student learning. to be appropriated $200,000,000 for fiscal year a Career Ladders for Teachers Program un- ‘‘(d) ADDITIONAL REQUIREMENT.—The Sec- less— 2006 and such sums as may be necessary for retary shall commission an independent ‘‘(1) the percentage of teachers required by each of the 5 succeeding fiscal years.’’. evaluation of state-of the-art teacher induc- prevailing union rules votes affirmatively to TITLE III—IMPROVING TEACHER tion programs supported under this section adopt the program; or PREPARATION in order to compare the design and outcome ‘‘(2) in States that do not recognize collec- SEC. 301. AMENDMENT TO ELEMENTARY AND of various models of induction programs. SECONDARY EDUCATION ACT OF tive bargaining between local educational ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— agencies and teacher organizations, at least 1965. Part E of title II of the Elementary and To carry out this section, there is authorized 75 percent of the teachers in the local edu- to be appropriated $300,000,000 for fiscal year cational agency vote affirmatively to adopt Secondary Education Act of 1965, as added by title II of this Act, is amended by adding at 2006 and such sums as may be necessary for the program. each of the 5 succeeding fiscal years. ‘‘(c) DEFINITIONS.—In this section: the end the following: ‘‘(1) The term ‘career teacher’ means a ‘‘Subpart 2—Preparation ‘‘SEC. 2512. PEER MENTORING AND REVIEW PRO- teacher who has a bachelor’s degree and full ‘‘SEC. 2511. ESTABLISHING STATE-OF-THE-ART GRAMS. credentials or alternative certification in- TEACHER INDUCTION PROGRAMS. ‘‘(a) GRANTS.—The Secretary shall make cluding a passing level on elementary or sec- ‘‘(a) GRANTS.—The Secretary may make grants to local educational agencies for peer ondary subject matter assessments and pro- grants to States and eligible local edu- mentoring and review programs. fessional knowledge assessments. cational agencies for the purpose of devel- ‘‘(b) USE OF FUNDS.—A local educational ‘‘(2) The term ‘mentor teacher’ means a oping state-of-the-art teacher induction pro- agency that receives a grant under this sec- teacher who— grams. tion shall use the funds made available ‘‘(A) has a bachelor’s degree and full cre- ‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGEN- through the grant to establish and imple- dentials or alternative certification includ- CY.—In this section, the term ‘eligible local ing a passing level on any applicable elemen- educational agency’ means— ment a peer mentoring and review program. tary or secondary subject matter assess- ‘‘(1) a high-need local educational agency; Such a program shall be established through ments and professional knowledge assess- or collective bargaining agreements or, in ments; ‘‘(2) a partnership of a high-need local edu- States that do not recognize collective bar- ‘‘(B) has a portfolio and a classroom dem- cational agency and an institution of higher gaining between local educational agencies onstration showing instructional excellence; education, a teacher organization, or any and teacher organizations, through joint ‘‘(C) has an ability, as demonstrated by other nonprofit education organization. agreements between the local educational student data, to increase student achieve- ‘‘(c) USE OF FUNDS.—A State or an eligible agency and affected teacher organizations. ment through utilizing specific instructional local educational agency that receives a ‘‘(c) APPLICATION.—To seek a grant under strategies; grant under subsection (a) shall use the this section, a local educational agency shall ‘‘(D) has a minimum of 3 years of teaching funds made available through the grant to submit an application at such time, in such experience; develop a state-of the-art teacher induction manner, and containing such information as ‘‘(E) is recommended by the principal and program that— the Secretary may reasonably require. The other current master and mentor teachers; ‘‘(1) provides new teachers a minimum of 3 Secretary shall require each such applica- ‘‘(F) is an excellent instructor and commu- years of extensive, high-quality, comprehen- tion to include the following: nicator with an understanding of how to fa- sive induction into the field of teaching; and ‘‘(1) Data from the applicant on recruit- cilitate growth in the teachers the teacher is ‘‘(2) includes— ment and retention prior to implementing mentoring; and ‘‘(A) structured mentoring from highly the induction program. ‘‘(G) performs well as a mentor in estab- qualified master or mentor teachers who are ‘‘(2) Measurable goals for increasing reten- lished induction and peer review and men- certified, have teaching experience similar tion after the induction program is imple- toring programs. to the grade level or subject assignment of mented.

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‘‘(3) Measures that will be used to deter- ‘‘(2) shall be performance-based, permit- ‘‘(2) CONSIDERATION OF STUDY.—In creating mine whether teacher effectiveness is im- ting the Secretary to discontinue funding a model performance-based assessment of proved through participation in the induc- based on failure of the State to meet bench- teaching skills, the recipient of a grant tion program. marks identified by the State. under this section shall take into consider- ‘‘(4) A plan for evaluating and reporting ‘‘(e) USE OF EVALUATION RESULTS.—A State ation the results of the study conducted progress toward meeting the applicant’s receiving a grant under this section shall use under subsection (a). goals. the evaluation results of the pilot program ‘‘(3) ELIGIBLE PARTNERSHIP.—In this sec- ‘‘(d) PROGRESS REPORTS.—The Secretary conducted pursuant to the grant and similar tion, the term ‘eligible partnership’ means a shall require each grantee under this section evaluations of other in-State programs of partnership of— to submit progress reports on an annual principal preparation (especially the correla- ‘‘(A) an independent professional organiza- basis. tion of academic achievement gains in tion; and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— schools led by participating principals and ‘‘(B) an organization that represents ad- To carry out this section, there are author- the characteristics and skills demonstrated ministrators of State educational agencies.’’. ized to be appropriated $50,000,000 for fiscal by those individuals when applying to and SEC. 302. AMENDMENT TO THE HIGHER EDU- year 2006 and such sums as may be necessary participating in the pilot program) to inform CATION ACT OF 1965: TEACHER for each of the 5 succeeding fiscal years. the design of certification of individuals to QUALITY ENHANCEMENT GRANTS. ‘‘SEC. 2513. ESTABLISHING STATE-OF-THE-ART become school leaders in the State. Part A of title II of the Higher Education PRINCIPAL TRAINING AND INDUC- ‘‘(f) DEFINITIONS.—For the purposes of this Act of 1965 is amended by striking sections TION PROGRAMS AND PERFORM- section: 206 through 209 (20 U.S.C. 1026–1029) and in- ANCE-BASED PRINCIPAL CERTIFI- ‘‘(1) The term ‘exemplary, highly qualified serting the following: CATION. principal’ has the meaning given to that ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. ‘‘(a) GRANTS.—The Secretary may make term in section 2501. ‘‘(a) STATE GRANT ACCOUNTABILITY RE- grants to not more than 10 States to develop, ‘‘(2) The term ‘performance-based certifi- PORT.—An eligible State that receives a implement, and evaluate pilot programs for cation system’ means a certification system grant under section 202 shall submit an an- performance-based certification and training that— nual accountability report to the Secretary, of exemplary, highly qualified principals who ‘‘(A) is based on a clearly defined set of the Committee on Health, Education, Labor, can drive gains in academic achievement for standards for skills and knowledge needed by and Pensions of the Senate, and the Com- all children. new principals; mittee on Education and the Workforce of ‘‘(b) PROGRAM REQUIREMENTS.—A pilot pro- ‘‘(B) is not based on numbers of hours en- the House of Representatives. Such report gram developed under this section— rolled in particular courses; shall include a description of the degree to ‘‘(1) shall pilot the development, imple- ‘‘(C) certifies participating individuals to which the eligible State, in using funds pro- mentation, and evaluation of a statewide become school leaders primarily based on— vided under such section, has made substan- performance-based system for certifying ‘‘(i) their demonstration of those skills tial progress in meeting the following goals: principals; through a formal assessment aligned to ‘‘(1) PERCENTAGE OF HIGHLY QUALIFIED ‘‘(2) shall pilot and demonstrate the effec- these standards; and TEACHERS.—Increasing the percentage of tiveness of statewide performance-based cer- ‘‘(ii) academic achievement results in a highly qualified teachers in the State as re- tification through support for innovative school leadership role such as a residency or quired by section 1119 of the Elementary and performance-based programs on a smaller an assistant principalship; and Secondary Education Act of 1965 (20 U.S.C. scale; ‘‘(D) awards certification to individuals 6319). ‘‘(3) shall provide for certification of prin- who successfully complete programs at insti- ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—In- cipals by institutions with strong track tutions that include local educational agen- creasing student academic achievement for records, such as a local educational agency, cies, nonprofit organizations, and business all students, which may be measured nonprofit organization, or business school, schools approved by the State for purposes of through the use of value-added assessments, that is approved by the State for purposes of such certification and have formalized part- as defined by the eligible State. such certification and has formalized part- nerships with in-State local educational ‘‘(3) RAISING STANDARDS.—Raising the nerships with in-State local educational agencies. State academic standards required to enter agencies; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the teaching profession as a highly qualified ‘‘(4) may be used to develop, sustain, and To carry out this section, there are author- teacher. expand model programs for recruiting and ized to be appropriated $100,000,000 for fiscal ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.— training aspiring and new principals in both year 2006 and such sums as may be necessary Increasing success in the pass rate for initial instructional leadership and general man- for each of the 5 succeeding fiscal years. State teacher certification or licensure, or agement skills; ‘‘SEC. 2514. STUDY ON DEVELOPING A PORTABLE increasing the numbers of qualified individ- ‘‘(5) shall include evaluation of the results PERFORMANCE-BASED TEACHER AS- uals being certified or licensed as teachers of the pilot program and other in-State pro- SESSMENT. through alternative routes to certification grams of principal preparation (which eval- ‘‘(a) STUDY.— and licensure. uation may include value-added assessment ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(5) DECREASING TEACHER SHORTAGES.—De- scores of all children in a school and should enter into an arrangement with an objective creasing shortages of highly qualified teach- emphasize the correlation of academic evaluation firm to conduct a study to assess ers in poor urban and rural areas. achievement gains in schools led by partici- the validity of any test used for teacher cer- ‘‘(6) INCREASING OPPORTUNITIES FOR RE- pating principals and the characteristics and tification or licensure by multiple States, SEARCH-BASED PROFESSIONAL DEVELOPMENT.— skills demonstrated by those individuals taking into account the passing scores Increasing opportunities for enhanced and when applying to and participating in the adopted by multiple States. The study shall ongoing professional development that— program) to inform the design of certifi- determine the following: ‘‘(A) improves the academic content cation of individuals to become school lead- ‘‘(A) The extent to which tests of content knowledge of teachers in the subject areas in ers in the State; and knowledge represent subject mastery at the which the teachers are certified or licensed ‘‘(6) shall make possible interim certifi- baccalaureate level. to teach or in which the teachers are work- cation for up to 2 years for aspiring prin- ‘‘(B) Whether tests of pedagogy reflect the ing toward certification or licensure to cipals participating in the pilot program latest research on teaching and learning. teach; and who— ‘‘(C) The relationship, if any, between ‘‘(B) promotes strong teaching skills. ‘‘(A) have not yet attained full certifi- teachers’ scores on licensure and certifi- ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing cation; cation exams and other measures of teacher the number of teachers prepared effectively ‘‘(B) are serving as assistant principals or effectiveness, including learning gains to integrate technology into curricula and principal residents, or in positions of similar achieved by the teachers’ students. instruction and who use technology to col- responsibility; and ‘‘(2) REPORT.—The Secretary shall submit lect, manage, and analyze data to improve ‘‘(C) have met clearly defined criteria for a report to the Congress on the results of the teaching, learning, and parental involvement entry into the program that are approved by study conducted under this subsection. decisionmaking for the purpose of increasing the applicable local educational agency. ‘‘(b) GRANT TO CREATE A MODEL PERFORM- student academic achievement. ‘‘(c) PRIORITY.—In selecting grant recipi- ANCE-BASED ASSESSMENT.— ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— ents under this section, the Secretary shall ‘‘(1) GRANT.—The Secretary may make 1 Each eligible partnership applying for a give priority to States that will use the grant to an eligible partnership to create a grant under section 203 shall establish, and grants for one or more high-need local edu- model performance-based assessment of include in the application submitted under cational agencies and schools. teaching skills that reliably evaluates teach- section 203(c), an evaluation plan that in- ‘‘(d) TERMS OF GRANT.—A grant under this ing skills in practice and can be used to fa- cludes strong performance objectives. The section— cilitate the portability of teacher credentials plan shall include objectives and measures ‘‘(1) shall be for not more than 5 years; and and licensing from one State to another. for—

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‘‘(1) increased student achievement for all ‘‘(4) The percentage of students who have ‘‘(3) SPECIAL RULE.—In the case of pro- students, as measured by the partnership; completed the clinical coursework for a grams with fewer than 10 students who have ‘‘(2) increased teacher retention in the first teacher preparation program at an institu- completed the clinical coursework for a 3 years of a teacher’s career; tion of higher education or alternative cer- teacher preparation program taking any sin- ‘‘(3) increased success in the pass rate for tification program and who have taken and gle initial teacher certification or licensure initial State certification or licensure of passed each of the assessments used by the assessment during an academic year, the teachers; State for teacher certification and licensure, Secretary shall collect and publish informa- ‘‘(4) increased percentage of highly quali- and the passing score on each assessment tion with respect to an average pass rate on fied teachers; and that determines whether a candidate has State certification or licensure assessments ‘‘(5) increasing the number of teachers passed that assessment. taken over a 3-year period. trained effectively to integrate technology ‘‘(5) For students who have completed the ‘‘(c) COORDINATION.—The Secretary, to the into curricula and instruction and who use clinical coursework for a teacher prepara- extent practicable, shall coordinate the in- technology to collect, manage, and analyze tion program at an institution of higher edu- formation collected and published under this data to improve teaching, learning, and deci- cation or alternative certification program, part among States for individuals who took sionmaking for the purpose of improving stu- and who have taken and passed each of the State teacher certification or licensure as- dent academic achievement. assessments used by the State for teacher sessments in a State other than the State in ‘‘(c) REVOCATION OF GRANT.— certification and licensure, each such insti- which the individual received the individ- ‘‘(1) REPORT.—Each eligible State or eligi- tution’s and each such program’s average ual’s most recent degree. ble partnership receiving a grant under sec- raw score, ranked by teacher preparation ‘‘(d) INSTITUTION AND PROGRAM REPORT tion 202 or 203 shall report annually on the program, which shall be made available CARDS ON QUALITY OF TEACHER PREPARA- progress of the eligible State or eligible part- widely and publicly. TION.— nership toward meeting the purposes of this ‘‘(6) A description of each State’s alter- ‘‘(1) REPORT CARD.—Each institution of part and the goals, objectives, and measures native routes to teacher certification, if any, higher education or alternative certification described in subsections (a) and (b). and the number and percentage of teachers program that conducts a teacher preparation ‘‘(2) REVOCATION.— certified through each alternative certifi- program that enrolls students receiving Fed- eral assistance under this Act shall report ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- cation route who pass State teacher certifi- annually to the State and the general public, CANTS.—If the Secretary determines that an cation or licensure assessments. eligible State or eligible applicant is not ‘‘(7) For each State, a description of pro- in a uniform and comprehensible manner making substantial progress in meeting the posed criteria for assessing the performance that conforms with the definitions and meth- purposes, goals, objectives, and measures, as of teacher and principal preparation pro- ods established by the Secretary, both for appropriate, by the end of the second year of grams in the State, including indicators of traditional certification or licensure pro- grams and for alternative certification or li- a grant under this part, then the grant pay- teacher and principal candidate skills, place- censure programs, the following informa- ment shall not be made for the third year of ment, and retention rates (to the extent fea- tion, disaggregated by major racial and eth- the grant. sible), and academic content knowledge and nic groups: ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the Sec- evidence of gains in student academic ‘‘(A) PASS RATE.—(i) For the most recent retary determines that an eligible partner- achievement. year for which the information is available, ship is not making substantial progress in ‘‘(8) For each teacher preparation program the pass rate of each student who has com- meeting the purposes, goals, objectives, and in the State, the number of students in the pleted the clinical coursework for the teach- measures, as appropriate, by the end of the program, the number of minority students in the program, the average number of hours of er preparation program on the teacher cer- third year of a grant under this part, then tification or licensure assessments of the the grant payments shall not be made for supervised practice teaching required for those in the program, and the number of full- State in which the institution is located, but any succeeding year of the grant. only for those students who took those as- ‘‘(d) EVALUATION AND DISSEMINATION.—The time equivalent faculty, adjunct faculty, and sessments within 3 years of receiving a de- Secretary shall evaluate the activities fund- students in supervised practice teaching. gree from the institution or completing the ed under this part and report annually the ‘‘(9) For the State as a whole, and for each program. Secretary’s findings regarding the activities teacher preparation program in the State, to the Committee on Health, Education, the number of teachers prepared, in the ag- ‘‘(ii) A comparison of the institution or Labor, and Pensions of the Senate and the gregate and reported separately by— program’s pass rate for students who have Committee on Education and the Workforce ‘‘(A) level (elementary or secondary); completed the clinical coursework for the of the House of Representatives. The Sec- ‘‘(B) academic major; teacher preparation program with the aver- retary shall broadly disseminate successful ‘‘(C) subject or subjects for which the stu- age pass rate for institutions and programs practices developed by eligible States and el- dent has been prepared to teach; and in the State. igible partnerships under this part, and shall ‘‘(D) teacher candidates who speak a lan- ‘‘(iii) In the case of programs with fewer broadly disseminate information regarding guage other than English and have been than 10 students who have completed the such practices that were found to be ineffec- trained specifically to teach English-lan- clinical coursework for a teacher prepara- tive. guage learners. tion program taking any single initial teach- er certification or licensure assessment dur- ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS ‘‘(10) The State shall refer to the data gen- THAT PREPARE TEACHERS. erated for paragraphs (8) and (9) to report on ing an academic year, the institution shall ‘‘(a) STATE REPORT CARD ON THE QUALITY the extent to which teacher preparation pro- collect and publish information with respect OF TEACHER AND PRINCIPAL PREPARATION.— grams are helping to address shortages of to an average pass rate on State certifi- Each State that receives funds under this qualified teachers, by level, subject, and spe- cation or licensure assessments taken over a Act shall provide to the Secretary annually, cialty, in the State’s public schools, espe- 3-year period. in a uniform and comprehensible manner cially in poor urban and rural areas as re- ‘‘(B) PROGRAM INFORMATION.—The number that conforms with the definitions and meth- quired by section 206(a)(5). of students in the program, the average num- ods established by the Secretary, a State re- ‘‘(b) REPORT OF THE SECRETARY ON THE ber of hours of supervised practice teaching port card on the quality of teacher prepara- QUALITY OF TEACHER PREPARATION.— required for those in the program, and the tion in the State, both for traditional certifi- ‘‘(1) REPORT CARD.—The Secretary shall number of full-time equivalent faculty and cation or licensure programs and for alter- provide to Congress, and publish and make students in supervised practice teaching. native certification or licensure programs, widely available, a report card on teacher ‘‘(C) STATEMENT.—In States that require which shall include at least the following: qualifications and preparation in the United approval or accreditation of teacher edu- ‘‘(1) A description of the teacher and prin- States, including all the information re- cation programs, a statement of whether the cipal certification and licensure assess- ported in paragraphs (1) through (10) of sub- institution’s program is so approved or ac- ments, and any other certification and licen- section (a). Such report shall identify States credited, and by whom. sure requirements, used by the State. for which eligible States and eligible part- ‘‘(D) DESIGNATION AS LOW-PERFORMING.— ‘‘(2) The standards and criteria that pro- nerships received a grant under this part. Whether the program has been designated as spective teachers and principals must meet Such report shall be so provided, published low-performing by the State under section in order to attain initial teacher and prin- and made available annually. 208(a). cipal certification or licensure and to be cer- ‘‘(2) REPORT TO CONGRESS.—The Secretary ‘‘(2) REQUIREMENT.—The information de- tified or licensed to teach particular subjects shall report to Congress— scribed in paragraph (1) shall be reported or in particular grades within the State. ‘‘(A) a comparison of States’ efforts to im- through publications such as school catalogs ‘‘(3) A demonstration of the extent to prove teaching quality; and and promotional materials sent to potential which the assessments and requirements de- ‘‘(B) regarding the national mean and me- applicants, secondary school guidance coun- scribed in paragraph (1) are aligned with the dian scores on any standardized test that is selors, and prospective employers of the in- State’s standards and assessments for stu- used in more than 1 State for teacher certifi- stitution’s program graduates, including ma- dents. cation or licensure. terials sent by electronic means.

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‘‘(3) FINES.—In addition to the actions au- 1111(b)(8)(C) in addressing any such dispari- data derived from value-added longitudinal thorized in section 487(c), the Secretary may ties; data systems; and impose a fine not to exceed $25,000 on an in- ‘‘(4) with respect to any such disparities, ‘‘(2) using such data to improve classroom stitution of higher education for failure to proposes modifications to such plan; and instruction. provide the information described in this ‘‘(5) includes a description of the State’s ‘‘(c) STUDY.—The Secretary shall enter subsection in a timely or accurate manner. activities to monitor the compliance of local into an agreement with the National Acad- ‘‘(e) DATA QUALITY.—Either— educational agencies in the State with sec- emy of Sciences— ‘‘(1) the Governor of the State; or tion 1112(c)(1)(L). ‘‘(1) to evaluate the quality of data on the ‘‘(2) in the case of a State for which the ‘‘(b) EFFECTIVE DATE.—This section applies effectiveness of elementary and secondary constitution or law of such State designates with respect to any assistance under this Act school teachers, based on value-added stu- another individual, entity, or agency in the for which an application is submitted after dent achievement gains; and State to be responsible for teacher certifi- the date of the enactment of this section.’’. ‘‘(2) to compare a range of models for col- cation and preparation activity, such indi- TITLE IV—EQUIPPING TEACHERS, lecting and analyzing such data. vidual, entity, or agency; SCHOOLS, LOCAL EDUCATIONAL AGEN- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— shall attest annually, in writing, as to the CIES, AND STATES WITH THE 21ST CEN- To carry out this section, there are author- reliability, validity, integrity, and accuracy TURY DATA, TOOLS, AND ASSESSMENTS ized to be appropriated $200,000,000 for the pe- of the data submitted pursuant to this sec- THEY NEED riod of fiscal years 2006 and 2007 and such tion. SEC. 401. 21ST CENTURY DATA, TOOLS, AND AS- sums as may be necessary for each of the 4 ‘‘SEC. 208. STATE FUNCTIONS. SESSMENTS. succeeding fiscal years.’’. ‘‘(a) STATE ASSESSMENT.—In order to re- Part E of title II of the Elementary and SEC. 402. COLLECTING NATIONAL DATA ON DIS- ceive funds under this Act, a State shall Secondary Education Act of 1965, as added by TRIBUTION OF TEACHERS. have in place a procedure to identify and as- titles II and III of this Act, is amended by Section 155 of the Education Sciences Re- sist, through the provision of technical as- adding at the end the following: form Act of 2002 (20 U.S.C. 9545) is amended sistance, low-performing programs of teach- ‘‘Subpart 3—21st Century Data, Tools, and by adding at the end the following: er preparation within institutions of higher Assessments ‘‘(d) SCHOOLS AND STAFFING SURVEY.—Not education. Such State shall provide the Sec- ‘‘SEC. 2521. DEVELOPING VALUE-ADDED DATA later than the end of fiscal year 2006, and retary an annual list of such low-performing SYSTEMS. every 3 years thereafter, the Statistics Com- institutions that includes an identification ‘‘(a) TEACHER AND PRINCIPAL EVALUATION.— missioner shall publish the results of the of those institutions at risk of being placed ‘‘(1) GRANTS.—The Secretary shall make Schools and Staffing Survey (or any suc- on such list. Such levels of performance shall grants to States to develop and implement cessor survey).’’. be determined solely by the State and may statewide data systems to collect and ana- include criteria based upon information col- TITLE V—RETENTION: KEEPING OUR lyze data on the effectiveness of elementary lected pursuant to this part. Such assess- BEST TEACHERS IN THE CLASSROOM school and secondary school teachers and ment shall be described in the report under SEC. 501. AMENDMENT TO ELEMENTARY AND principals, based on value-added student section 207(a). A State receiving Federal SECONDARY EDUCATION ACT OF funds under this title shall develop plans to achievement gains, for the purposes of— 1965. close or reconstitute underperforming pro- ‘‘(A) determining the distribution of effec- Part E of title II of the Elementary and grams of teacher preparation within institu- tive teachers and principals in schools across Secondary Education Act of 1965, as added by tions of higher education. the State; titles II, III, and IV of this Act, is amended ‘‘(b) TERMINATION OF ELIGIBILITY.—Any in- ‘‘(B) developing measures for helping by adding at the end the following: stitution of higher education that offers a teachers and principals to improve their in- struction; and ‘‘Subpart 4—Retention and Working program of teacher preparation in which the Conditions State has withdrawn the State’s approval or ‘‘(C) evaluating effectiveness of teacher terminated the State’s financial support due and principal preparation programs. ‘‘SEC. 2531. IMPROVING PROFESSIONAL DEVEL- OPMENT OPPORTUNITIES. to the low performance of the institution’s ‘‘(2) DATA REQUIREMENTS.—At a minimum, teacher preparation program based upon the a statewide data system under this section ‘‘(a) GRANTS.—The Secretary may make State assessment described in subsection shall— grants to eligible entities for the establish- (a)— ‘‘(A) track student course-taking patterns ment and operation of new teacher centers ‘‘(1) shall be ineligible for any funding for and teacher characteristics, such as certifi- or the support of existing teacher centers. professional development activities awarded cation status and performance on licensure ‘‘(b) SPECIAL CONSIDERATION.—In making by the Department of Education; and exams; and grants under this section, the Secretary ‘‘(2) shall not be permitted to accept or en- ‘‘(B) allow for the analysis of gains in shall give special consideration to any appli- roll any student who receives aid under title achievement made by individual students cation submitted by an eligible entity that IV of this Act in the institution’s teacher over time, including gains demonstrated is— preparation program. through student academic assessments under ‘‘(1) a high-need local educational agency; or ‘‘SEC. 209. GENERAL PROVISIONS. section 1111 and tests required by the State ‘‘In complying with sections 207 and 208, for course completion. ‘‘(2) a consortium that includes at least the Secretary shall ensure that States and ‘‘(3) STANDARDS.—The Secretary shall de- one high-need local educational agency. institutions of higher education use fair and velop standards for the collection of data ‘‘(c) DURATION.—Each grant under this sec- equitable methods in reporting and that the with grant funds under this section to ensure tion shall be for a period of 3 years. reporting methods do not allow identifica- that such data are statistically valid and re- ‘‘(d) REQUIRED ACTIVITIES.—A teacher cen- tion of individuals.’’. liable. ter receiving assistance under this section shall carry out each of the following activi- SEC. 303. ENFORCING NCLB’S TEACHER EQUITY ‘‘(4) APPLICATION.—To seek a grant under PROVISION. this section, a State shall submit an applica- ties: Subpart 2 of part E of title IX of the Ele- tion at such time, in such manner, and con- ‘‘(1) Providing high-quality professional mentary and Secondary Education Act of taining such information as the Secretary development to teachers to assist them in 1965 (20 U.S.C. 7901 et seq.) is amended by may require. At a minimum, each such appli- improving their knowledge, skills, and adding at the end the following: cation shall demonstrate to the Secretary’s teaching practices in order to help students ‘‘SEC. 9537. ASSURANCE OF REASONABLE satisfaction that the assessments used by to improve their achievement and meet PROGRESS TOWARD EQUITABLE AC- the State to collect and analyze data for pur- State academic standards. CESS TO TEACHER QUALITY. poses of this subsection— ‘‘(2) Providing teachers with information ‘‘(a) IN GENERAL.—The Secretary may not ‘‘(A) are aligned to State standards; on developments in curricula, assessments, provide any assistance to a State under this ‘‘(B) have the capacity to assess the and educational research, including the man- Act unless, in the State’s application for highest- and lowest-performing students; and ner in which the research and data can be such assistance, the State— ‘‘(C) are statistically valid and reliable. used to improve teaching skills and practice. ‘‘(1) provides the plan required by section ‘‘(b) TEACHER TRAINING.—The Secretary ‘‘(3) Providing training and support for new 1111(b)(8)(C) and at least one public report may make grants to institutions of higher teachers. pursuant to that section; education, local educational agencies, non- ‘‘(e) PERMISSIBLE ACTIVITIES.—A teacher ‘‘(2) clearly articulates the measures the profit organizations, and teacher organiza- center may use assistance under this section State is using to determine whether poor and tions to develop and implement innovative for any of the following: minority students are being taught dis- programs to provide preservice and in-serv- ‘‘(1) Assessing the professional develop- proportionately by inexperienced, unquali- ice training to elementary and secondary ment needs of the teachers and other in- fied, or out-of-field teachers; schools on— structional school employees, such as librar- ‘‘(3) includes an evaluation of the success ‘‘(1) understanding increasingly sophisti- ians, counselors, and paraprofessionals, to be of the State’s plan required by section cated student achievement data, especially served by the center.

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‘‘(2) Providing intensive support to staff to ‘‘(ii) the board participated fully in the (b) CLERICAL AMENDMENT.—The table of improve instruction in literacy, mathe- preparation of the application; and section of such part is amended by inserting matics, science, and other curricular areas ‘‘(iii) the board approved the application as after the item relating to section 139A the necessary to provide a well-rounded edu- submitted. following new item: cation to students. ‘‘(B) A description of the membership of ‘‘Sec. 139B. Compensation of certain ‘‘(3) Providing support to mentors working the board and the method of its selection. teachers and principals’’. ‘‘(h) DEFINITIONS.—In this section: with new teachers. (c) EFFECTIVE DATE.—The amendments ‘‘(4) Providing training in effective instruc- ‘‘(1) The term ‘eligible entity’ means a made by this section shall apply to remu- tional services and classroom management local educational agency or a consortium of neration received in taxable years beginning strategies for mainstream teachers serving 2 or more local educational agencies. after the date of the enactment of this Act. ‘‘(2) The term ‘teacher center policy board’ students with disabilities and students with SEC. 503. ABOVE-THE-LINE DEDUCTION FOR CER- limited English proficiency. means a teacher center policy board de- TAIN EXPENSES OF ELEMENTARY ‘‘(5) Enabling teachers to engage in study scribed in subsection (f). AND SECONDARY SCHOOL TEACH- groups and other collaborative activities and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ERS INCREASED AND MADE PERMA- collegial interactions regarding instruction. To carry out this section, there are author- NENT. ‘‘(6) Paying for release time and substitute ized to be appropriated $100,000,000 for fiscal (a) IN GENERAL.—Subparagraph (D) of sec- teachers in order to enable teachers to par- year 2006 and such sums as may be necessary tion 62(a)(2) of the Internal Revenue Code of for each of the 5 succeeding fiscal years.’’. ticipate in the activities of the teacher cen- 1986 is amended by striking ‘‘In the case of’’ ter. SEC. 502. EXCLUSION FROM GROSS INCOME OF and all that follows through ‘‘$250’’ and in- COMPENSATION OF TEACHERS AND serting ‘‘The deductions allowed by section ‘‘(7) Creating libraries of professional ma- PRINCIPALS IN CERTAIN HIGH-NEED 162 which consist of expenses, not in excess terials and educational technology. SCHOOLS OR TEACHING HIGH-NEED of $500’’. ‘‘(8) Providing high-quality professional SUBJECTS. (b) EFFECTIVE DATE.—The amendment development for other instructional staff, (a) IN GENERAL.—Part III of subchapter B made by this section shall apply to taxable such as paraprofessionals, librarians, and of chapter 1 of the Internal Revenue Code of years beginning after the date of the enact- counselors. 1986 is amended by inserting after section ment of this Act. ‘‘(9) Assisting teachers to become highly 139A the following new section: TITLE VI—MISCELLANEOUS PROVISIONS qualified and paraprofessionals to become ‘‘SEC. 139B. COMPENSATION OF CERTAIN TEACH- teachers. ERS AND PRINCIPALS. SEC. 601. CONFORMING AMENDMENTS. ‘‘(10) Assisting paraprofessionals to meet ‘‘(a) TEACHERS AND PRINCIPALS IN HIGH- The table of contents at section 2 of the El- the requirements of section 1119. NEED SCHOOLS.— ementary and Secondary Education Act of ‘‘(11) Developing curricula. ‘‘(1) IN GENERAL.—In the case of an indi- 1965 (20 U.S.C. 6301 et seq.) is amended— ‘‘(12) Incorporating additional on-line pro- vidual employed as a teacher or principal in (1) by inserting after the items relating to fessional development resources for partici- a high-need school during the taxable year, part D of title II of such Act the following pants. gross income does not include so much remu- new items: ‘‘(13) Providing funding for individual- or neration for such employment (which would ‘‘PART E—TEACHER EXCELLENCE FOR ALL group-initiated classroom projects. but for this paragraph be includible in gross CHILDREN ‘‘(14) Developing partnerships with busi- income) as does not exceed $15,000. ‘‘Sec. 2500. Definitions. nesses and community-based organizations. ‘‘(2) HIGH-NEED SCHOOL.—For purposes of ‘‘SUBPART 1—DISTRIBUTION ‘‘(15) Establishing a teacher center site. this subsection, the term ‘high-need school’ ‘‘Sec. 2501. Premium pay; loan repay- ‘‘(f) TEACHER CENTER POLICY BOARD.— means any public elementary school or pub- ment. ‘‘(1) IN GENERAL.—A teacher center receiv- lic secondary school eligible for assistance ‘‘Sec. 2502. Career ladders for teachers ing assistance under this section shall be op- under section 1114 of the Elementary and program. erated under the supervision of a teacher Secondary Education Act of 1965 (20 U.S.C. ‘‘SUBPART 2—PREPARATION center policy board. 6314). ‘‘Sec. 2511. Establishing state-of-the-art ‘‘(b) TEACHERS OF HIGH-NEED SUBJECTS.— ‘‘(2) MEMBERSHIP.— teacher induction programs. ‘‘(1) IN GENERAL.—In the case of an indi- ‘‘(A) TEACHER REPRESENTATIVES.—The ma- ‘‘Sec. 2512. Peer mentoring and review jority of the members of a teacher center vidual employed as a teacher of high-need programs. subjects during the taxable year, gross in- policy board shall be representatives of, and ‘‘Sec. 2513. Establishing state-of-the-art come does not include so much remuneration selected by, the elementary and secondary principal training and induc- for such employment (which would but for school teachers to be served by the teacher tion programs and perform- this paragraph be includible in gross income) center. Such representatives shall be se- ance-based principal certifi- as does not exceed $15,000. lected through the teacher organization, or cation. ‘‘(2) TEACHER OF HIGH-NEED SUBJECTS.—For if there is no teacher organization, by the ‘‘Sec. 2514. Study on developing a port- purposes of this subsection, the term ‘teach- teachers directly. able performance-based teacher er of high-need subjects’ means any teacher assessment. ‘‘(B) OTHER REPRESENTATIVES.—The mem- in a public elementary or secondary school bers of a teacher center policy board— ‘‘SUBPART 3—21ST CENTURY DATA, TOOLS, AND who— ‘‘(i) shall include at least two members ASSESSMENTS ‘‘(A) (i) teaches primarily 1 or more high- who are representative of, or designated by, ‘‘Sec. 2521. Developing value-added data need subjects in 1 or more grades 9 through systems. the school board of the local educational 12, or agency to be served by the teacher center; ‘‘SUBPART 4—RETENTION AND WORKING ‘‘(ii) teaches 1 or more high-need subjects CONDITIONS ‘‘(ii) shall include at least one member who in 1 or more grades kindergarten through 8, is a representative of, and is designated by, ‘‘Sec. 2531. Improving professional devel- ‘‘(B) received a baccalaureate or similar opment opportunities.’’; and the institutions of higher education (with de- degree from an eligible educational institu- partments or schools of education) located in tion (as defined in section 25A(f)(2)) with a (2) by inserting after the items relating to the area; and major in a high-need subject, and subpart 2 of part E of title IX of the Elemen- ‘‘(iii) may include paraprofessionals. ‘‘(C) is highly qualified (as defined in sec- tary and Secondary Education Act of 1965 ‘‘(g) APPLICATION.— tion 9101(23) of the Elementary and Sec- the following new item: ‘‘(1) IN GENERAL.—To seek a grant under ondary Education Act of 1965). ‘‘Sec. 9537. Assurance of reasonable progress this section, an eligible entity shall submit ‘‘(3) HIGH-NEED SUBJECTS.—For purposes of toward equitable access to an application at such time, in such manner, this subsection, the term ‘high-need subject’ teacher quality.’’. and accompanied by such information as the means mathematics, science, engineering, Secretary may reasonably require. technology, special education, teaching By Mr. BURNS: ‘‘(2) ASSURANCE OF COMPLIANCE.—An appli- English language learners, or any other sub- S. 1219. A bill to authorize certain cation under paragraph (1) shall include an ject identified as a high-need subject by the tribes in the State of Montana to enter assurance that the applicant will require any Secretary of Education for purposes of this into a lease or other temporary con- teacher center receiving assistance through section. veyance of water rights to meet the the grant to comply with the requirements ‘‘(c) LIMITATION ON TOTAL REMUNERATION water needs of the Dry Prairie Rural of this section. TAKEN INTO ACCOUNT.—In the case of any in- Water Association, Inc; to the Com- ‘‘(3) TEACHER CENTER POLICY BOARD.—An dividual whose employment is described in application under paragraph (1) shall include subsections (a)(1) and (b)(1), the total mittee on Energy and Natural Re- the following: amount of remuneration which may be taken sources. ‘‘(A) An assurance that— into account with respect to such employ- Mr. BURNS. Mr. President, today I ‘‘(i) the applicant has established a teacher ment under this section for the taxable year am introducing legislation that pro- center policy board; shall not exceed $25,000.’’. vides an important clarification to the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12157 Fort Peck Reservation Rural Water The most recent annual data shows Therefore, in my view, no legislation System Act of 2000. The water project that about 58,000 children were ab- is more important to be enacted in this authorized by that legislation will pro- ducted by nonfamily members, usually Congress than this legislation to pro- vide desperately needed drinking water people who are strangers to the chil- tect our children from every parent’s to the residents of the Fort Peck In- dren. The most frequent victims were nightmare. I ask unanimous consent to dian Reservation and the communities teenage girls. Almost one-half of these have a brief summary of the bill print- surrounding the Reservation Dry Prai- victims were sexually molested. ed in the RECORD. rie Rural Water System. Our bill, ‘‘The Prevention and Recov- There being no objection, the mate- In order to accomplish this, the As- ery of Missing Children Act of 2005’’, rial was ordered to be printed in the siniboine and Sioux Tribes of the Fort will take 3 common-sense steps to bet- RECORD as follows: Peck Reservation and Dry Prairie are ter protect the children of America. set to enter into an agreement, allow- PREVENTION AND RECOVERY OF MISSING First, it will require that informa- CHILDREN ACT OF 2005—BRIEF SUMMARY ing Dry Prairie to use the water. The tion on a missing child be disseminated Dry Prairie allocation will be approxi- The most recent annual data shows that throughout the country within 2 hours 58,000 children were abducted by nonfamily mately 2,800 acre feet of water. The through the National Crime Informa- members, mostly strangers to the children. agreement is consistent with the provi- tion Center database. The reason for Most of the victims were teenage girls and sions of the Tribes’ Water Compact. this requirement is that time is of the nearly half were sexually molested. The Na- However, to address any possible ques- essence. In cases where a child is tional Crime Information Center (NCIC) tions regarding the Tribes’ grant of use killed, the evidence shows that the database is a critical means of cooperation, of this water to Dry Prairie, both the child died within the first three hours linking 16,000 Federal, State, and local law Tribes and Dry Prairie would like the of being kidnapped. The more quickly enforcement agencies. Currently, registra- tion for convicted sex offender rules vary by Secretary’s authority to approve this that police throughout the country can water use agreement to be clearly ap- state. A number of States rely on sex offend- be alerted, the more likely it is that we ers to self-report. proved by Congress. The legislation I can save a child before a child is Improves missing child reporting require- am introducing today provides this harmed. ments. Stops the practice of removing a clarification. Second, the bill will make it tougher missing child entry from the NCIC database The Project, as authorized, calls for for convicted sex offenders to escape when the child reaches age 18, to increase the water to be diverted from the Mis- the law and the watchful eye of the the chances for child recovery and investiga- souri River at a single location south community in which they live. We tive information available for other cases. of Poplar, MT, to an intake system or Improves the chances for recovery of miss- know that far too many jurisdictions ing children. Requires entry of child infor- an infiltration gallery. The estimated rely essentially on the voluntary ac- amount of annual project diversion is mation into the NCIC database within 2 tions of the convicted sex offender to hours of receipt. Immediate entry is critical 6,000 acre feet for the entire Project register his residence, his car and li- as evidenced by the fact that in 74 percent of area. The Missouri River at the point cense plate, and other pertinent infor- abduction homicide cases the child is dead of diversion has an average annual mation. Moreover, requirements vary within 3 hours and 91 percent are killed with- streamflow of approximately 7.5 mil- from State to State and jurisdiction to in 24 hours. lion acre feet. jurisdiction. Strengthens sex offender registration re- The Tribes, pursuant to their tribal- quirements. Each of the following suggested Therefore the legislation we are in- state water rights compact, one of the amendments are currently part of the statu- troducing today will provide tough na- first in the Nation, hold a water right tory sex offender registration policies and tional standards that will require these to nearly one million acre feet in the procedures in at least one or more states. criminals to register before they are Missouri River. This compact has been Requires States to register sex offenders released from prison. It will require, before they are released from prison. Permit- approved by the Montana Water Court within 48 hours of moving to a new res- ting sex offenders to self-register can lead to and is binding on all the parties. This idence, that these individuals report to under-registration and loss of potentially Project will finally enable the Fort local law enforcement and provide in- vital investigative information for law en- Peck Tribes to receive critical benefits formation about their residence, a cur- forcement. from its water settlement with the Requires the registering agency to obtain United States and the State of Mon- rent photograph, DNA sample, as well current fingerprints and a photograph (annu- tana. As a result of this settlement, as report the make, model, and license ally), as well as a DNA sample, from an of- the Tribes are able to make a signifi- plate number of his or her vehicle and fender at the time of registration. Up-to-date cant contribution to the Project: the get a drivers license or ID. Every 90 identifying information is a vital investiga- tive tool and may help law enforcement con- water that will be used for the entire days, they would have to verify their registry information and annually pro- nect seemingly unrelated cases in different system. My legislation will provide the jurisdictions. legal clarity necessary to ensure this vide a new photograph. Failure to com- ply with these requirements would sub- Requires registrants to obtain either a project moves forward as intended. driver’s license or an identification card ject the criminal to a felony. from the department of motor vehicles. This By Mr. DODD (for himself, Ms. These new requirements are tough, provides another mechanism through which COLLINS, and Mr. LEAHY): but our children’s safety is far too im- law enforcement can track the location of S. 1220. A bill to assist law enforce- portant to be left to patchwork laws potential re-offenders. ment in their efforts to recover missing and the voluntary action of convicted Requires that registration changes occur children and to strengthen the stand- criminals whose likelihood of repeating within 48 hours of the changes taking effect. ards for State sex offender registration the crime is extremely high. The delay of registering changes creates a Third, the legislation removes a cur- ‘‘loophole’’ through which sex offenders can programs; to the Committee on the Ju- re-offend and remain undetected. diciary. rent requirement that the names of Requires all registered sex offenders to Mr. DODD. Mr. President, I am missing children be deleted from the verify their registry information every 90 pleased to join with my colleague from national database when those children days. Currently, this requirement is imposed Maine, Senator COLLINS, and my col- turn 18. Just because a child turns 18 for sexually violent predators only. Obtain- league from Vermont, Senator LEAHY, doesn’t mean that our country should ing up-to-date registry information from all to introduce legislation today to pro- not try to find that child and certainly sex offenders is a vital investigative tool for tect America’s children from the vi- doesn’t mean that the child should be law enforcement and obtaining it every 90 cious criminals who prey on them. forgotten. days provides earlier warning to law enforce- While we’ve made some progress in Nothing we do as a Nation is more ment of non-compliant offenders who may have traveled into other jurisdictions, plac- the last few years, anyone who picks important than building a better fu- ing new communities at risk. up a newspaper today can see that far ture for our children. And, nothing is Requires States to inform another state too many of our kids are still too vul- more important to building that future when a known registered person is moving nerable. than keeping our children safe today. into its jurisdiction. Placing this burden

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12158 CONGRESSIONAL RECORD—SENATE June 9, 2005 solely on the sex offender leads to under-reg- tion funds, interest on the Fund prin- Significant cost-savings will un- istration and places communities at risk. cipal from U.S. Treasury investments, doubtedly be realized simply by mov- In order to give sex offenders a strong in- cost recoveries from responsible par- ing away from a paper-based system, centive to comply with registry require- ments, the bill mandates a felony designa- ties, and penalties. The only viable op- where patient charts and test results tion for the crime of non-compliance. Non- tion to maintain the Fund’s solvency is are easily lost or misplaced, to an elec- compliance must be viewed as an ongoing of- the reinstatement of the 5 cents per tronic system where data is easily fense. barrel of oil tax. The bill I introduce stored, transferred from location to lo- today will require the 5 cents tax go cation, and retrieved at any time. With By Mr. STEVENS (for himself, into effect after the last day of the health IT, physicians will have their Mr. INOUYE, and Ms. CANT- first calendar quarter ending more patients’ medical information, at their WELL): than 30 days after the date of enact- fingertips. A physician will no longer S. 1222. A bill to amend the Internal ment. In addition, the bill provides have to take another set of X-Rays be- Revenue Code of 1986 to reinstate the that the Oil Spill Liabillty Trust Fund cause the first set was misplaced, or Oil Spill Liability Trust Fund tax and be funded at $3 billion, and if the fund order a test that the patient had six to maintain a balance of $3 billion in drops below $2 billion the 5 cents per months ago in another hospital be- the Oil Spill Liability Trust Fund; to barrel tax will automatically be rein- cause she is unaware that the test ever the Committee on Finance. stated until the fund exceeds $3 billion. took place. The potential for cost-sav- Mr. STEVENS. Mr. President, I in- ings from simply eliminating troduce legislation today to maintain By Mr. DODD: redundancies and unnecessary tests, the solvency of the Oil Spill Liability S. 1223. A bill to amend the Public and reducing administrative and trans- Trust Fund established pursuant to the Health Service Act to improve the action costs, is substantial. Oil Pollution Act of 1990. Shortly after quality and efficiency of health care Of course, when we consider the im- midnight on March 24, 1989 the Exxon delivery through improvements in proved quality of care and patient safe- Valdez went aground on Bligh reef and health care information technology, ty that will result from wider adoption caused an oil spill in Prince William and for other purposes; to the Com- of health IT, the impact on cost is even Sound that is to this day still being mittee on Health, Education, Labor, greater. For example, IT can provide monitored, studied, and restored. I and Pensions. decision support to ensure that physi- wrote the Oil Pollution Act of 1990 in Mr. DODD. Mr. President, today I am cians are aware of the most up-to-date, the aftermath of this disaster to pro- pleased to announce the reintroduction evidence-based best practices regarding vide the needed regulatory safeguards of the Information Technology for a specific disease or condition, which to reduce the potential for a similar Health Care Quality Act. By encour- will reduce expensive hospitalizations. spill to happen again and mitigate the aging health care providers to invest in Given all of these benefits, estimates environmental impacts in such an in- information technology (IT), this legis- suggest that Electrontc Health Records stance. The Oil Spill Liability Trust lation has the potential to bring sky- (EHRs) alone could save more than $100 Fund is the cornerstone of the Oil Pol- rocketing health care costs under con- billion each year. The full benefits of lution Act ensuring funds for expedi- trol and improve the overall quality of IT could be multiple hundreds of bil- tious oil removal and providing for un- care in our nation. lions annually. Such a significant re- compensated damages to the environ- We are facing a health care crisis in duction in health care costs would ment. It is the ‘‘polluter pays’’ policy our country. According to the Census allow us to provide coverage to mil- under the Act that requires the respon- Bureau, 45 million Americans were lions of uninsured Americans. sible party to pay back into the Fund without health insurance in 2003—an The benefits of IT go beyond econom- all costs and damages related to a spill. increase of 1.4 million over 2002. In ics. I am sure that all of my colleagues Unfortunately, the Oil Spill Liability many respects, we have the greatest are familiar with the Institute of Medi- Trust Fund is rapidly running out of health system in the world, but far too cine (IOM) estimate that up to 98,000 money. At a recent Commerce Com- many Americans are unable to take ad- Americans die each year as a result of mittee hearing the Commandant of the vantage of this system. medical errors. A RAND Corporation Coast Guard testified that the Oil Spill The number of uninsured continues study from last year showed that, on Liability Trust Fund would likely be to rise because the cost of health care average, patients receive the rec- depleted by 2009. And in its report on continues to soar. Year after year, ommended care for certain widespread the ‘‘Implementation of the Oil Pollu- health care costs increase by double- chronic conditions only half of the tion Act of 1990’’, released May 12, 2005, digit percentages. The cost of em- time. That is an astonishing figure. To the Coast Guard announced at the end ployer-sponsored coverage increased by put it in a slightly different way, for of fiscal year 2004 there was $842 mil- 11 percent last year, after a 14-percent many of the health conditions with lion remaining in the Fund. This is increase in 2003. Employers are drop- which physicians should be most famil- compared to previous years when the ping health care coverage because they iar, half of all patients are essentially un-obligated balance was well over $1 can no longer afford to foot the bill. being treated incorrectly. billion, as was required under the Act One of the ways to provide health Most experts in the field of patient through a 5 cents per barrel of oil tax care coverage to every American is to safety and health care quality, collected from the oil industry on pe- reign in health care costs. And expand- incuding the IOM, agree that improv- troleum produced in or imported to the ing the use of IT in health care is the ing IT is one of the crucial steps to- United States. The tax was suspended best tool we have to control costs. wards safer and better health care. By on July 1, 1993 when the un-obligated Studies have shown that as much as providing physicians with access to pa- balance in the Fund exceeded $1 bil- one-third of health care spending is for tients’ complete medical history, as lion. Thereafter, the tax was reinstated redundant or inappropriate care. Esti- well as electronic cues to help them on July 1, 1994 when the balance de- mates suggest that up to 14 percent of make the correct treatment decisions, clined below $1 billion. However, the laboratory tests and 11 percent of IT has the potential to significantly tax expired on December 31, 1994 pursu- medication usage are unnecessary. Fi- impact the care that Americans re- ant to the sunset provision under the nally, and perhaps most disturbingly, ceive. It is impossible to put a value on Act. we know that it takes, on average, 17 the potential savings in human lives Since this time, the Oil Spill Liabil- years for evidence to be incorporated that would undoubtedly result from a ity Trust Fund has been unable to into clinical practice. Along these nationwide investment in health care maintain a funding level above $1 bil- same lines, a recent study showed that information technology. lion from its various revenue sources patients receive the best evidence- It might seem counterintuitive that prescribed under the Act, which consist based treatment only about half the we can realize tremendous cost savings of transfers from other existing pollu- time. while, at the same time, improving

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12159 care for patients. But in fact, improv- Finally, this legislation would pro- ‘‘(2) DIRECTOR.—The term ‘Director’ means ing patient care is essential to reduc- vide for the development of a standard the Director of the Office of Health Informa- ing costs. IT is the key to unlocking set of health care quality measures. tion Technology. the door—it has the potential to lead The creation of these measures is crit- ‘‘(3) HEALTH CARE PROVIDER.—The term to improvements in care and efficiency ‘health care provider’ means a hospital, ical to better understanding how our skilled nursing facility, home health entity, that will save patients’ lives, reduce health care system is performing, and health care clinic, community health center, costs, and reduce the number of unin- where we need to focus our efforts to group practice (as defined in section sured. improve the quality of care. IT has the 1877(h)(4) of the Social Security Act, includ- Unfortunately, despite the impact potential to drastically improve our ing practices with only 1 physician), and any that IT can have on cost, efficiency, ability to capture these quality meas- other facility or clinician determined appro- patient safety, and health care quality, ures. All recipients of Federal funding priate by the Director. most health care providers have not under this bill would be required to ‘‘(4) HEALTH INFORMATION TECHNOLOGY.— yet begun to invest in new tech- The term ‘health information technology’ regularly report on these measures, as means a computerized system that— nologies. The use of IT in most hos- well as the impact that IT is having on pitals and doctors’ offices lags far be- ‘‘(A) is consistent with the standards de- health care quality, efficency, and cost veloped pursuant to section 2903; hind almost every other sphere of soci- savings. ‘‘(B) permits the secure electronic trans- ety. The vast majority of written work, The establishment of standard qual- mission of information to other health care such as patient charts and prescrip- ity measures is also the first step in providers and public health entities; and tions, is still done using pen and paper. moving our nation towards a system ‘‘(C) includes— This leads to mistakes, higher costs, where payment for health care is more ‘‘(i) an electronic health record (EHR) that reduced quality of care, and in the provides access in real-time to the patient’s appropriately aligned—a system in most tragic cases, death. complete medical record; which health care providers are paid There is no question in my mind that ‘‘(ii) a personal health record (PHR) the federal government has a signifi- not simply for the volume of patients through which an individual (and anyone au- cant role to play in expanding invest- that they treat, but for the quality of thorized by such individual) can maintain and manage their health information; ment in health IT. The legislation that care that they deliver. To this end, my legislation would require the Secretary ‘‘(iii) computerized provider order entry I am introducing today defines that (CPOE) technology that permits the elec- role. First, this bill would establish of Health and Human Services to re- port to Congress on possible changes to tronic ordering of diagnostic and treatment federal leadership in defining a services, including prescription drugs; Nationai Health Information Infra- Federal reimbursement and payment ‘‘(iv) decision support to assist physicians structure (NHII) and adopting health structures that would encourage the in making clinical decisions by providing IT standards. While I am pleased that adoption of IT to improve health care electronic alerts and reminders to improve the administration has already ap- quality and patient safety. compliance with best practices, promote reg- pointed a National Coordinator for I know that many of my colleagues, ular screenings and other preventive prac- tices, and facilitate diagnoses and treat- Health Information Technology, I be- including Senator ENZI, Senator KEN- NEDY, Senator CLINTON, Senator FRIST, ments; lieve that the authority given to the ‘‘(v) error notification procedures so that a Coordinator and the resources at his and Senator GREGG, have an interest in this issue. I look forward to working warning is generated if an order is entered disposal are not equal to the enormity that is likely to lead to a significant adverse of his task. That is why my legislation with all of them to move legislation outcome for the patient; and creates an office in the White House, this year. It is time for our country to ‘‘(vi) tools to allow for the collection, anal- the Office of Health Information Tech- make a concerted effort to bring the ysis, and reporting of data on adverse events, nology, to oversee all of the Federal health care sector into the 21st cen- near misses, and the quality of care provided Government’s activities in the area of tury. We must invest in health IT sys- to the patient. ‘‘(5) LOCAL HEALTH INFORMATION INFRA- health IT, and to create and implement tems, and we must begin to do so im- STRUCTURES.—The term ‘local health infor- a national strategy to expand the adop- mediately. The number uninsured, the skyrocketing cost of care, and the mation infrastructure’ means an inde- tion of IT in health care. pendent organization of health care entities This office would also be responsible number of medical errors should all established for the purpose of linking health for leading a collaborative effort be- serve as a wake-up call. We have a tool information systems to electronically share tween the public and private sectors to at our disposal to address all of these information. A local health information in- develop technical standards for health problems, and there is no more time to frastructure may not be a single business en- IT. These standards will ensure that waste. I urge my colleagues to support tity. health care information can be shared this legislation. ‘‘(6) OFFICE.—The term ‘Office’ means the between providers, so that a family I ask unanimous consent that the Office of Health Information Technology es- tablished under section 2902. moving from Connecticut to California text of this bill be printed in the ‘‘SEC. 2902. OFFICE OF HEALTH INFORMATION ECORD will not have to leave their medical R . TECHNOLOGY. history behind. At the same time, this There being no objection, the bill was ‘‘(a) ESTABLISHMENT.—There is established bill would ensure that the adopted ordered to be printed in the RECORD, as within the executive office of the President standards protect the privacy of pa- follows: an Office of Health Information Technology. tient records. While the creation of S. 1223 The Office shall be headed by a Director to portable electronic health records is an Be it enacted by the Senate and House of Rep- be appointed by the President. The Director important goal, privacy and confiden- resentatives of the United States of America in shall report directly to the President. tiality must not be sacrificed. Congress assembled, ‘‘(b) PURPOSE.—It shall be the purpose of the Office to— This legislation would also provide SECTION 1. SHORT TITLE. ‘‘(1) improve the quality and increase the This Act may be cited as the ‘‘Information financial assistance to individual efficiency of health care delivery through Technology for Health Care Quality Act’’. health care providers to stimulate in- the use of health information technology; vestment in IT, and to communities to SEC. 2. AMENDMENT TO THE PUBLIC HEALTH ‘‘(2) provide national leadership relating SERVICE ACT. help them set up interoperable IT in- to, and encourage the adoption of, health in- The Public Health Service Act (42 U.S.C. formation technology; frastructures at the local level, often 201 et seq.) is amended by adding at the end ‘‘(3) direct all health information tech- referred to as Local Health Informa- thereof the following: tion Infrastructures—LHIIs. IT re- nology activities within the Federal Govern- ‘‘TITLE XXIX—HEALTH CARE ment; and quires a huge capital investment. Many INFORMATION TECHNOLOGY providers, especially small doctors of- ‘‘(4) facilitate the interaction between the ‘‘SEC. 2901. DEFINITIONS. Federal Government and the private sector fices, and safety-net and rural hos- ‘‘In this title: relating to health information technology pitals and health centers, simply can- ‘‘(1) COVERAGE AREA.—The term ‘coverage development and use. not afford to make the type of invest- area’ means the boundaries of a local health ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Of- ment that is needed. information infrastructure. fice shall be responsible for the following:

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‘‘(1) NATIONAL STRATEGY.—The Office shall ‘‘(A) act as the point of contact for the pri- standards that promote the efficient ex- develop a national strategy for improving vate sector with respect to the use of health change of data between varieties of provider the quality and enhancing the efficiency of information technology; and health information technology systems. In health care through the improved use of ‘‘(B) work with the private sector to col- carrying out the preceding sentence, the Di- health information technology and the cre- lect and disseminate best health information rector may adopt existing standards. Except ation of a National Health Information In- technology practices. as otherwise provided for in this title, stand- frastructure. ‘‘(6) EVALUATION AND DISSEMINATION.—The ards adopted under this section shall be vol- ‘‘(2) FEDERAL LEADERSHIP.—The Office Office shall coordinate with the Agency for untary for private sector entities. shall— Health Research and Quality and other Fed- ‘‘(B) GRANTS OR CONTRACTS.—The Director ‘‘(A) serve as the principle advisor to the eral agencies to— may utilize grants or contracts to provide President concerning health information ‘‘(A) evaluate and disseminate information for the private sector development of stand- technology; relating to evidence of the costs and benefits ards for adoption by the Federal Government ‘‘(B) direct all health information tech- of health information technology and to under subparagraph (A). nology activity within the Federal Govern- whom those costs and benefits accrue; ‘‘(C) DEFINITION.—In this paragraph, the ment, including approving or disapproving ‘‘(B) evaluate and disseminate information term ‘provide for’ means that the Director agency policies submitted under paragraph on the impact of health information tech- shall promulgate, and each Federal agency (3); nology on the quality and efficiency of pa- or department shall adopt, regulations to en- ‘‘(C) work with public and private health tient care; and sure that each such agency or department information technology stakeholders to im- ‘‘(C) review Federal payment structures complies with the requirements of sub- plement the national strategy described in and differentials for health care providers section (b). paragraph (1); and that utilize health information technology ‘‘(2) REQUIREMENTS.—The standards devel- ‘‘(D) ensure that health information tech- systems. oped and adopted under paragraph (1) shall nology is utilized as fully as practicable in ‘‘(7) TECHNICAL ASSISTANCE.—The Office be designed to— carrying out health surveillance efforts. shall utilize existing private sector quality ‘‘(A) enable health information technology ‘‘(3) AGENCY POLICIES.— improvement organizations to— to be used for the collection and use of clini- ‘‘(A) IN GENERAL.—The Office shall, in ac- ‘‘(A) promote the adoption of health infor- cally specific data; cordance with this paragraph, approve or dis- mation technology among healthcare pro- ‘‘(B) promote the interoperability of health approve the policies of Federal departments viders; and care information across health care settings; or agencies with respect to any policy pro- ‘‘(B) provide technical assistance con- ‘‘(C) facilitate clinical decision support posed to be implemented by such agency or cerning the implementation of health infor- through the use of health information tech- department that would significantly affect mation technology to healthcare providers. nology; and ‘‘(D) ensure the privacy and confidentiality that agency or department’s use of health in- ‘‘(8) FEDERAL REIMBURSEMENT.— of medical records. formation technology. ‘‘(A) IN GENERAL.—Not later than 6 months ‘‘(3) PUBLIC PRIVATE PARTNERSHIP.—Con- ‘‘(B) SUBMISSION OF PROPOSAL.—The head of after the date of enactment of this title, the any Federal Government agency or depart- Office shall make recommendations to the sistent with activities being carried out on the date of enactment of this title, including ment that desires to implement any policy President and the Secretary of Health and the Consolidated Health Informatics Initia- with respect to such agency or department Human Service on changes to Federal reim- tive (or a successor organization to such Ini- that would significantly affect that agency bursement and payment structures that tiative), health information technology or department’s use of health information would encourage the adoption of information standards shall be adopted by the Director technology shall submit an implementation technology (IT) to improve health care qual- under paragraph (1) at the conclusion of a proposal to the Office at least 60 days prior ity and safety. collaborative process that includes consulta- to the proposed date of the implementation ‘‘(B) PLAN.—Not later than 90 days after re- tion between the Federal Government and of such policy. ceiving recommendations under subpara- private sector health care and information ‘‘(C) APPROVAL OR DISAPPROVAL.—Not later graph (A), the Secretary shall provide to the technology stakeholders. than 60 days after the date on which a pro- relevant Committees of Congress a report ‘‘(4) PRIVACY AND SECURITY.—The regula- posal is received under subparagraph (B), the that provides, with respect to each rec- tions promulgated by the Secretary under Office shall determine whether to approve ommendation, a plan for the implementa- part C of title XI of the Social Security Act the implementation of such proposal. In tion, or an explanation as to why implemen- (42 U.S.C. 1320d et seq.) and sections 261, 262, making such determination, the Office shall tation is inadvisable, of such recommenda- 263, and 264 of the Health Insurance Port- consider whether the proposal is consistent tions. The Office shall continue to monitor ability and Accountability Act of 1996 (42 with the national strategy described in para- federally funded and supported information U.S.C. 1320d–2 note) with respect to the pri- graph (1). If the Office fails to make a deter- technology and quality initiatives (including vacy, confidentiality, and security of health mination within such 60-day period, such the initiatives authorized in this title), and information shall apply to the implementa- proposal shall be deemed to be approved. periodically update recommendations to the tion of programs and activities under this ‘‘(D) FAILURE TO APPROVE.—Except as oth- President and the Secretary. title. erwise provided for by law, a proposal sub- ‘‘(d) RESOURCES.—The President shall ‘‘(5) PILOT TESTS.—To the extent practical, mitted under subparagraph (B) may not be make available to the Office, the resources, the Director shall pilot test the health infor- implemented unless such proposal is ap- both financial and otherwise, necessary to mation technology data standards developed proved or deemed to be approved under sub- enable the Director to carry out the purposes under paragraph (1) prior to their implemen- paragraph (C). of, and perform the duties and responsibil- tation under this section. ‘‘(4) COORDINATION.—The Office shall— ities of the Office under, this section. ‘‘(6) DISSEMINATION.— ‘‘(A) encourage the development and adop- ‘‘(e) DETAIL OF FEDERAL EMPLOYEES.—Upon ‘‘(A) IN GENERAL.—The Director shall en- tion of clinical, messaging, and decision sup- the request of the Director, the head of any sure that the standards adopted under para- port health information data standards, pur- Federal agency is authorized to detail, with- graph (1) are widely disseminated to inter- suant to the requirements of section 2903; out reimbursement from the Office, any of ested stakeholders. ‘‘(B) ensure the maintenance and imple- the personnel of such agency to the Office to ‘‘(B) LICENSING.—To facilitate the dissemi- mentation of the data standards described in assist it in carrying out its duties under this nation and implementation of the standards subparagraph (A); section. Any such detail shall not interrupt developed and adopted under paragraph (1), ‘‘(C) oversee and coordinate the health in- or otherwise affect the civil service status or the Director may license such standards, or formation technology efforts of the Federal privileges of the Federal employee. utilize other means, to ensure the wide- Government; ‘‘SEC. 2903. PROMOTING THE INTEROPERABILITY spread use of such standards. ‘‘(D) ensure the compliance of the Federal OF HEALTH CARE INFORMATION ‘‘(b) IMPLEMENTATION OF STANDARDS.— Government with Federally adopted health TECHNOLOGY SYSTEMS. ‘‘(1) PURCHASE OF SYSTEMS BY THE SEC- information technology data standards; ‘‘(a) DEVELOPMENT, AND FEDERAL GOVERN- RETARY.—Effective beginning on the date ‘‘(E) ensure that the Federal Government MENT ADOPTION, OF STANDARDS.— that is 1 year after the adoption of the tech- consults and collaborates on decision mak- ‘‘(1) ADOPTION.— nology standards pursuant to subsection (a), ing with respect to health information tech- ‘‘(A) IN GENERAL.—Not later than 2 years the Secretary shall not purchase any health nology with the private sector and other in- after the date of the enactment of this title, care information technology system unless terested parties; and the Director, in collaboration with the Con- such system is in compliance with the stand- ‘‘(F) in consultation with private sector, solidated Health Informatics Initiative (or a ards adopted under subsection (a), nor shall adopt certification and testing criteria to de- successor organization to such Initiative), the Director approve any proposal pursuant termine if electronic health information sys- shall provide for the adoption by the Federal to section 2902(c)(3) unless such proposal uti- tems interoperate. Government of national data and commu- lizes systems that are in compliance with ‘‘(5) COMMUNICATION.—The Office shall— nication health information technology the standards adopted under subsection (a).

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‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—Effec- ‘‘(A) to develop a plan for the implementa- ments with respect to the loan are sufficient tive on the date described in paragraph (1), tion of a local health information infrastruc- to protect the financial interests of the no appropriated funds may be used to pur- ture under this section; United States and are otherwise reasonable, chase a health care information technology ‘‘(B) to establish systems for the sharing of including a determination that the rate of system unless such system is in compliance data in accordance with the national health interest does not exceed such percent per with applicable standards adopted under sub- information technology standards developed annum on the principal obligation out- section (a). under section 2903; standing as the Director determines to be ‘‘(c) MODIFICATION OF STANDARDS.—The Di- ‘‘(C) to purchase directly related inte- reasonable, taking into account the range of rector shall provide for ongoing oversight of grated hardware and software to establish an interest rates prevailing in the private mar- the health information technology standards interoperable health information technology ket for loans with similar maturities, terms, developed under subsection (a) to— system that is capable of linking to a local conditions, and security and the risks as- ‘‘(1) identify gaps or other shortcomings in health care information infrastructure; and sumed by the United States; and such standards; and ‘‘(D) to train staff, maintain health infor- ‘‘(ii) the loan would not be available on ‘‘(2) modify such standards when deter- mation technology systems, and maintain reasonable terms and conditions without the mined appropriate or develop additional adequate security and privacy protocols; enactment of this section. standards, in collaboration with standard ‘‘(2) with respect to a loan guarantee de- ‘‘(B) RECOVERY.— setting organizations. scribed in subsection (a)(2)— ‘‘(i) IN GENERAL.—The United States shall ‘‘SEC. 2904. LOAN GUARANTEES FOR THE ADOP- ‘‘(A) to develop a plan for the purchase and be entitled to recover from the applicant for TION OF HEALTH INFORMATION installation of health information tech- a loan guarantee under this section the TECHNOLOGY. nology; amount of any payment made pursuant to ‘‘(a) IN GENERAL.—The Director shall guar- ‘‘(B) to purchase directly related inte- antee payment of the principal of and the in- such loan guarantee, unless the Director for grated hardware and software to establish an good cause waives such right of recovery, terest on loans made to eligible entities to interoperable health information technology enable such entities— and, upon making any such payment, the system that is capable of linking to a na- United States shall be subrogated to all of ‘‘(1) to implement local health information tional or local health care information infra- infrastructures to facilitate the development the rights of the recipient of the payments structure; and with respect to which the loan was made. of interoperability across health care set- ‘‘(C) to train staff, maintain health infor- tings to improve quality and efficiency; or ‘‘(ii) MODIFICATION OF TERMS.—Any terms mation technology systems, and maintain and conditions applicable to a loan guar- ‘‘(2) to facilitate the purchase and adoption adequate security and privacy protocols; and of health information technology to improve antee under this section may be modified by ‘‘(3) to carry out any other activities deter- the Director to the extent the Director de- quality and efficiency. mined appropriate by the Director. ‘‘(b) ELIGIBILITY.—To be eligible to receive termines it to be consistent with the finan- ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN a loan guarantee under subsection (a) an en- cial interest of the United States. ENTITIES.—In awarding loan guarantees ‘‘(3) DEFAULTS.—The Director may take tity shall— under this section, the Director shall give such action as the Director deems appro- ‘‘(1) with respect to an entity desiring a special consideration to eligible entities priate to protect the interest of the United loan guarantee— that— States in the event of a default on a loan ‘‘(A) under subsection (a)(1), be a coalition ‘‘(1) provide service to low-income and un- guaranteed under this section, including tak- of entities that represent an independent derserved populations; and ing possession of, holding, and using real consortium of health care stakeholders with- ‘‘(2) agree to electronically submit the in- property pledged as security for such a loan in a community that— formation described in paragraphs (3) and (4) guarantee. ‘‘(i) includes— of subsection (b) on a daily basis. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) physicians (as defined in section ‘‘(e) SPECIAL CONSIDERATIONS FOR LOCAL 1881(r)(1) of the Social Security Act); HEALTH INFORMATION INFRASTRUCTURES.—In ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(II) hospitals; and awarding loan guarantees under this section appropriated to carry out this section, ‘‘(III) group health plans or other health to local health information infrastructures, $250,000,000 for each of fiscal years 2006 insurance issuers (as such terms are defined the Director shall give special consideration through 2011. in section 2791); and to eligible entities that— ‘‘(2) AVAILABILITY.—Amounts appropriated ‘‘(ii) may include any other health care ‘‘(1) include at least 50 percent of the pa- under subparagraph (A) shall remain avail- providers; or tients living in the designated coverage area; able for obligation until expended. ‘‘(B) under subsection (a)(2) be a health ‘‘(2) incorporate public health surveillance ‘‘SEC. 2905. GRANTS FOR THE PURCHASE OF care provider; and reporting into the overall architecture HEALTH INFORMATION TECH- ‘‘(2) to the extent practicable, adopt the of the proposed infrastructure; and NOLOGY. national health information technology ‘‘(3) link local health information infra- ‘‘(a) IN GENERAL.—The Director may award standards adopted under section 2903; structures. competitive grants to eligible entities— ‘‘(3) provide assurances that the entity ‘‘(f) AREAS OF SPECIFIC INTEREST.—In ‘‘(1) to implement local health information shall submit to the Director regular reports awarding loan guarantees under this section, infrastructures to facilitate the development on the activities carried out under the loan the Director shall include— of interoperability across health care set- guarantee, including— ‘‘(1) entities with a coverage area that in- tings; or ‘‘(A) a description of the financial costs cludes an entire State; and ‘‘(2) to facilitate the purchase and adoption and benefits of the project involved and of ‘‘(2) entities with a multi-state coverage of health information technology. the entities to which such costs and benefits area. ‘‘(b) ELIGIBILITY.—To be eligible to receive accrue; ‘‘(g) ADMINISTRATIVE PROVISIONS.— a grant under section (a) an entity shall— ‘‘(B) a description of the impact of the ‘‘(1) AGGREGATE AMOUNT.— ‘‘(1) demonstrate financial need to the Di- project on health care quality and safety; ‘‘(A) IN GENERAL.—Except as provided in rector; and subparagraph (B), the aggregate amount of ‘‘(2) with respect to an entity desiring a ‘‘(C) a description of any reduction in du- principal of loans guaranteed under sub- grant— plicative or unnecessary care as a result of section (a) with respect to an eligible entity ‘‘(A) under subsection (a)(1), represent an the project involved; may not exceed $5,000,000. In any 12-month independent consortium of health care ‘‘(4) provide assurances that not later than period the amount disbursed to an eligible stakeholders within a community that— 30 days after the development of the stand- entity under this section (by a lender under ‘‘(i) includes— ard quality measures pursuant to section a guaranteed loan) may not exceed $5,000,000. ‘‘(I) physicians (as defined in section 2906, the entity shall submit to the Director ‘‘(B) EXCEPTION.—The cumulative total of 1881(r)(1) of the Social Security Act); regular reports on such measures, including the principal of the loans outstanding at any ‘‘(II) hospitals; and provider level data and analysis of the im- time to which guarantees have been issued ‘‘(III) group health plans or other health pact of information technology on such under subsection (a) may not exceed such insurance issuers (as such terms are defined measures; limitations as may be specified in appropria- in section 2791); and ‘‘(5) prepare and submit to the Director an tion Acts. ‘‘(ii) may include any other health care application at such time, in such manner, ‘‘(2) PROTECTION OF FEDERAL GOVERN- providers; or and containing such information as the Di- MENT.— ‘‘(B) under subsection (a)(2) be a health rector may require. ‘‘(A) IN GENERAL.—The Director may not care provider that provides health care serv- ‘‘(c) USE OF FUNDS.—Amounts received approve an application for a loan guarantee ices to low-income and underserved popu- under a loan guarantee under subsection (a) under this section unless the Director deter- lations; shall be used— mines that— ‘‘(3) adopt the national health information ‘‘(1) with respect to a loan guarantee de- ‘‘(i) the terms, conditions, security (if technology standards developed under sec- scribed in subsection (a)(1)— any), and schedule and amount of repay- tion 2903;

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‘‘(4) provide assurances that the entity ‘‘(f) AREAS OF SPECIFIC INTEREST.—In ‘‘(3) PILOT TESTING.—Each federally sup- shall submit to the Director regular reports awarding grants under this section, the Di- ported health delivery program may conduct on the activities carried out under the loan rector shall include— a pilot test of the quality measures devel- guarantee, including— ‘‘(1) entities with a coverage area that in- oped under paragraph (2) that shall include a ‘‘(A) a description of the financial costs cludes an entire State; and collection of patient-level data and a public and benefits of the project involved and of ‘‘(2) entities with a multi-state coverage release of comparative performance reports. the entities to which such costs and benefits area. ‘‘(b) PUBLIC REPORTING REQUIREMENTS.— accrue; ‘‘(g) MATCHING REQUIREMENT.— The Secretaries, working collaboratively, ‘‘(B) a description of the impact of the ‘‘(1) IN GENERAL.—The Director may not shall establish public reporting requirements project on health care quality and safety; make a grant under this section to an entity for clinicians, institutional providers, and and unless the entity agrees that, with respect to health plans in each of the federally sup- ‘‘(C) a description of any reduction in du- the costs to be incurred by the entity in car- ported health delivery program described in plicative or unnecessary care as a result of rying out the infrastructure program for subsection (a). Such requirements shall pro- the project involved; which the grant was awarded, the entity will vide that the entities described in the pre- ‘‘(5) provide assurances that not later than make available (directly or through dona- ceding sentence shall report to the appro- 30 days after the development of the stand- tions from public or private entities) non- priate Secretary on the measures developed ard quality measures pursuant to section Federal contributions toward such costs in under subsection (a). 2906, the entity shall submit to the Director an amount equal to not less than 20 percent ‘‘(c) FULL IMPLEMENTATION.—The Secre- regular reports on such measures, including of such costs ($1 for each $5 of Federal funds taries, working collaboratively, shall imple- provider level data and analysis of the im- provided under the grant). ment all sets of quality measures and report- pact of information technology on such ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- ing systems developed under subsections (a) measures; UTED.—Non-Federal contributions required and (b) by not later than the date that is 1 ‘‘(6) prepare and submit to the Director an under paragraph (1) may be in cash or in year after the date on which the measures application at such time, in such manner, kind, fairly evaluated, including equipment, are developed under subsection (a)(2). and containing such information as the Di- technology, or services. Amounts provided ‘‘(d) REPORTS.—Not later than 1 year after rector may require; and by the Federal Government, or services as- the date of enactment of this title, and annu- ‘‘(7) agree to provide matching funds in ac- sisted or subsidized to any significant extent ally thereafter, the Secretary shall— cordance with subsection (g). by the Federal Government, may not be in- ‘‘(1) submit to Congress a report that de- SE OF FUNDS.—Amounts received ‘‘(c) U cluded in determining the amount of such tails the collaborative efforts carried out under a grant under subsection (a) shall be non-Federal contributions. under subsection (a), the progress made on used to— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— standardizing quality indicators throughout ‘‘(1) with respect to a grant described in ‘‘(1) IN GENERAL.—There is authorized to be the Federal Government, and the state of subsection (a)(1)— appropriated to carry out this section, quality measurement for priority areas that ‘‘(A) to develop a plan for the implementa- $250,000,000 for each of fiscal years 2006 links data to the report submitted under tion of a local health information infrastruc- through 2011. paragraph (2) for the year involved; and ture under this section; ‘‘(2) AVAILABILITY.—Amounts appropriated ‘‘(B) to establish systems for the sharing of ‘‘(2) submit to Congress a report that de- under paragraph (1) shall remain available data in accordance with the national health tails areas of clinical care requiring further for obligation until expended.’’. information technology standards developed research necessary to establish effective under section 2903; SEC. 3. STANDARDIZED MEASURES OF QUALITY clinical treatments that will serve as a basis ‘‘(C) to implement, enhance, or upgrade a HEALTH CARE AND DATA COLLEC- for additional quality indicators. TION. comprehensive, electronic health informa- ‘‘(e) COMPARATIVE QUALITY REPORTS.—Be- Title XXIX of the Public Health Service tion technology system; and ginning not later than 3 years after the date Act, as added by section 2, is amended by ‘‘(D) to maintain adequate security and of enactment of this title, in order to make adding at the end the following: privacy protocols; comparative quality information available ‘‘(2) with respect to a grant described in ‘‘SEC. 2906. STANDARDIZED MEASURES OF QUAL- to health care consumers, including mem- subsection (a)(2)— ITY HEALTH CARE. bers of health disparity populations, health ‘‘(A) to develop a plan for the purchase and ‘‘(a) IN GENERAL.— professionals, public health officials, re- installation of health information tech- ‘‘(1) COLLABORATION.—The Secretary of searchers, and other appropriate individuals nology; Health and Human Services, the Secretary of and entities, the Secretaries shall provide for ‘‘(B) to purchase directly related inte- Defense, and the Secretary of Veterans Af- the pooling, analysis, and dissemination of grated hardware and software to establish an fairs (referred to in this section as the ‘Sec- quality measures collected under this sec- interoperable health information technology retaries’), in consultation with the Quality tion. Nothing in this section shall be con- system that is capable of linking to a na- Interagency Coordination Taskforce (as es- strued as modifying the privacy standards tional or local health care information infra- tablished by Executive Order on March 13, under the Health Insurance Portability and structure; and 1998), the Institute of Medicine, the Joint Accountability Act of 1996 (Public Law 104– ‘‘(C) to train staff, maintain health infor- Commission on Accreditation of Healthcare 191). mation technology systems, and maintain Organizations, the National Committee for ‘‘(f) ONGOING EVALUATION OF USE.—The adequate security and privacy protocols; Quality Assurance, the American Health Secretary of Health and Human Services ‘‘(3) maintain adequate security and pri- Quality Association, the National Quality shall ensure the ongoing evaluation of the vacy protocols; and Forum, the Medicare Payment Advisory use of the health care quality measures es- ‘‘(4) to carry out any other activities deter- Committee, and other individuals and orga- tablished under this section. mined appropriate by the Director. nizations determined appropriate by the Sec- ‘‘(g) EVALUATION AND REGULATIONS.— ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN retaries, shall establish uniform health care ‘‘(1) EVALUATION.— ENTITIES.—In awarding grants under this quality measures to assess the effectiveness, ‘‘(A) IN GENERAL.—The Secretary shall, di- section, the Director shall give special con- timeliness, patient-centeredness, efficiency, rectly or indirectly through a contract with sideration to eligible entities that— equity, and safety of care delivered across all another entity, conduct an evaluation of the ‘‘(1) provide service to low-income and un- federally supported health delivery pro- collaborative efforts of the Secretaries to es- derserved populations; and grams. tablish uniform health care quality measures ‘‘(2) agree to electronically submit the in- ‘‘(2) DEVELOPMENT OF MEASURES.—Not later and reporting requirements for federally sup- formation described in paragraphs (4) and (5) than 18 months after the date of enactment ported health care delivery programs as re- of subsection (b). of this title, the Secretaries shall develop quired under this section. ‘‘(e) SPECIAL CONSIDERATIONS FOR LOCAL standardized sets of quality measures for ‘‘(B) REPORT.—Not later than 1 year after HEALTH INFORMATION INFRASTRUCTURES.—In each of the 20 priority areas for improvement the date of enactment of this title, the Sec- awarding grants under this section to local in health care quality as identified by the In- retary of Health and Human Services shall health information infrastructures, the Di- stitute of Medicine in their report entitled submit a report to the appropriate commit- rector shall give special consideration to eli- ‘Priority Areas for National Action’ in 2003, tees of Congress concerning the results of gible entities that— or other such areas as identified by the Sec- the evaluation under subparagraph (A). ‘‘(1) include at least 50 percent of the pa- retaries in order to assist beneficiaries in ‘‘(2) REGULATIONS.— tients living in the designated coverage area; making informed choices about health plans ‘‘(A) PROPOSED.—Not later than 6 months ‘‘(2) incorporate public health surveillance or care delivery systems. The selection of ap- after the date on which the report is sub- and reporting into the overall architecture propriate quality indicators under this sub- mitted under paragraph (1)(B), the Secretary of the proposed infrastructure; and section shall include the evaluation criteria shall publish proposed regulations regarding ‘‘(3) link local health information infra- formulated by clinical professionals, con- the application of the uniform health care structures; sumers, and data collection experts. quality measures and reporting requirements

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12163 described in this section to federally sup- my legislation provides a comprehen- recommendations, and programs for ocean ported health delivery programs. sive national approach to oceans pro- protection. ‘‘(B) FINAL REGULATIONS.—Not later than 1 tection and preservation. The Council will function as a federal co- year after the date on which the report is Let me just mention a couple of the ordinating body of the various agencies that submitted under paragraph (1)(B), the Sec- deal with oceans issues, and will be placed in retary shall publish final regulations regard- important provisions in four key areas: the Executive Office of the President. First, the bill improves the govern- ing the uniform health care quality meas- Other Governance Provisions ance of the oceans by giving the Na- ures and reporting requirements described in Requires that all activities on the Outer this section. tional Oceanic and Atmospheric Ad- Continental Shelf—such as wave energy ‘‘(h) DEFINITIONS.—In this section, the ministration the independence it needs projects, bioextraction by biotech compa- term ‘federally supported health delivery to better facilitate the management nies, and wind energy projects—receive a program’ means a program that is funded by and oversight of our oceans. federal permit to ensure that projects do not the Federal Government under which health Second, the bill protects and con- pose an adverse threat to the health of the care items or services are delivered directly oceans current law only requires permits for to patients.’’. serves marine wildlife and habitat by, among other things, creating protec- oil and gas activities. tion areas and authorizing $50 million NOAA, working with other relevant agen- By Mrs. BOXER (for herself and cies such as the EPA or the Army Corps of Mr. LAUTENBERG): per year in grants to local commu- Engineers, will develop the permitting proc- S. 1224. A bill to protect the oceans, nities to restore fisheries and coastal ess, specifically to protect and preserve the and for other purposes; to the Com- areas. marine environment, conserve fisheries and mittee on Commerce, Science, and Third, the bill strengthens fisheries natural resources, and protect public health Transportation. and encourages sustainable fishing in a and safety. Mrs. BOXER. Mr. President, as we number of ways, including requiring NOAA makes the final determination of commemorate World Oceans Week, we that entire ecosystems be taken into whether the activity poses a threat to any of celebrate the wonder and beauty of the account when considering the health of these interests—and if so, a permit will not be given. world’s oceans. We celebrate the role a fishery. Establishes a Trust Fund in the U.S. Treas- our oceans play in commerce, fishing And, fourth, the bill improves the ury and administered by NOAA composed of and shipping. We celebrate the beauty quality of ocean water by establishing Federal money generated from these newly of our coral reefs and the potential life- maximum amounts of pollution that a permitted activities; funds will be used for saving cures they might contain. And body of water can hold and still be ocean conservation, science and research, we celebrate our commitment to im- healthy. In addition, financial assist- and assistance to displaced fishermen. proving the health of our oceans, so ance will be provided to local govern- Prohibits NOAA from issuing any lease for that our children and grandchildren ments to reduce pollution and increase marine aquaculture until strong national standards and regulations are issued to pro- will have a chance to enjoy and cherish monitoring. tect fish stocks from disease, parasites, and them. For their contributions to this legis- invasive species and to prevent water quality That is why I am pleased to intro- lation and their great leadership on impairment. duce the National Oceans Protection oceans issues, I would like to thank 2. PROTECTING AND CONSERVING MARINE Act of 2005—comprehensive legislation Senators INOUYE, GREGG, LAUTENBERG, WILDLIFE AND HABITAT to improve the health and governance and LEVIN, as well as former Senator Provides protection for ecologically-impor- of our oceans. The bill is co-sponsored Hollings. tant coral areas by creating ‘‘Coral Manage- by Senator LAUTENBERG. It is my hope that this bill will pro- ment Areas.’’ This legislation ‘‘was written after vide the framework needed to protect NOAA must carry out a comprehensive two major oceans commission reports and improve our oceans. The great en- ocean exploration and mapping program to in the past 2 years determined that our vironmentalist and ocean-explorer determine areas where coral and other crea- oceans are in a state of crisis. The con- Jacques Cousteau once said, ‘‘If we tures live and the marine environments on which they depend for food and habitat. gressionally-established U.S. Commis- were logical, the future would be bleak, Based on this data, NOAA may establish sion on Ocean Policy and the inde- indeed. But we are more than logical. Coral Management Areas, which would trig- pendent Pew Oceans Commission pro- We are human beings, and we have ger protection from certain fishing gear and vided detailed descriptions of the chal- faith, and we have hope, and we can practices, such as ‘rockhopper’ trawling gear lenges our oceans are facing as well as work.’’ on fishing nets that tear up essential habi- specific solutions to improve ocean As we celebrate World Oceans Week, tat. health. it is my hope that we can work to- Authorizes $3 million per year for research From pollution to over-fishing to on the effects of noise pollution (i.e. sonar) gether to provide a bright future for on marine mammals. invasive species, there are many fac- the world’s oceans and continue to pro- Establishes a voluntary buyback program tors that have contributed to the cur- tect our coastal economy. for environmentally and ecologically unsafe rent crisis in which we find ourselves. I encourage my colleagues to join me ‘‘gear’’—such as boat engines. Pollution threatens all aspects of in this effort to implement the rec- Prohibits almost all discharges of ballast ocean health. Every 8 months, nearly ommendations of the U.S. Commission water in U.S. waters and requires ships to in- 11 million gallons of oil flow from on Ocean Policy and the Pew Ocean stall technology to capture invasive species American roads into our waters—the Commission. in ballast water before discharge—and cre- equivalent of the Exxon Valdez oil ates an early detection and rapid response I ask unanimous consent that a sum- system to provide assistance to states to spill. mary of the bill and list of endorse- protect against invasive species. Our oceans are also showing signs of ments be printed in the RECORD. Authorizes $50 million per year in grants being over-fished, which affects the There being no objection, the mate- to local communities to restore fishery and communities that depend on fish rial was ordered to be printed in the coastal habitats. stocks for their livelihood. Many fish RECORD, as follows: Authorizes $500 million per year in grants populations, including salmon, face the to local communities to purchase lands that THE NATIONAL OCEANS PROTECTION ACT threat of being depleted to seriously are vulnerable to development and are im- low levels. Invasive species—such as 1. IMPROVING THE GOVERNANCE OF THE OCEANS portant to the protection and preservation of habitats. the killer algae found near San Diego The Ernest ‘‘Fritz’’ Hollings National Ocean in 2000—are another threat to ocean Policy and Leadership Act 3. STRENGTHENING FISHERIES AND FISH HABITAT health. In the San Francisco Bay Establishes an independent National Oce- alone, more than 175 invasive species anic and Atmospheric Administration Requires that, when determining the (NOAA). health of a fishery, the entire ecosystem be threaten to overwhelm native species. Independence will occur after a two-year taken into account, not just the health of a By targeting some of the most seri- transition period. particular fish species. ous challenges facing our oceans, as Creates a Council on Ocean Stewardship Each regional fishery council must estab- outlined in the Commissions’ reports, that will annually review funding, policy lish a science and statistical committee

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12164 CONGRESSIONAL RECORD—SENATE June 9, 2005 (SSC) to help develop, collect, and evaluate Foundation, San Diego; The Bay Institute, rine Sciences, University of California Santa statistical, biological, economic, social, and Novato; Baykeeper, San Francisco; Bolinas Cruz; David Helvarg, Author, Blue Frontier— other scientific information—the regional Lagoon Foundation, Stinson Beach; Cali- Saving America’s Living Seas; Kurt Lieber, councils must then set fish take allowances fornia Greenworks, Buena Park; Catalina Is- President and Founder, Ocean Defenders Al- that are consistent with the SSC determina- land Conservancy, Avalon; Community Envi- liance; Mark Silberstein, Executive Director, tions, but even greater conservation meas- ronmental Council, Santa Barbara; Crystal Elkhorn Slough Foundation; Dr. Susan Wil- ures can be taken. Cove Alliance, Corona Del Mar; Endangered liams, Director, Bodega Marine Laboratory. Authorizes $115 million over five years for Habitats League, Los Angeles; The Environ- OTHER ORGANIZATIONS NOAA and the regional fishery councils to mental Action Committee of West Marin, Gulf of Mexico Foundation; Turtle Island develop ecosystem-wide plans to protect and Point Reyes Station; Environmental Center Restoration Network; Potomac Riverkeeper; sustain fisheries. of San Luis Obispo County, San Luis Obispo; Coastwalk; Gulf Restoration Network; Flor- Requires NOAA to establish standards for Environmental Defense Center, Santa Bar- ida Oceanographic Society; Patapsco reducing bycatch and authorizes $55 million bara; Friends of Santa Ana Zoo, Santa Ana; Riverkeeper, Inc.; The Coastal Marine Re- over five years to monitor compliance with Friends of the Sea Otter, Pacific Grove; source Center of New York; New York Whale those standards. Golden Gate Audubon Society, Berkeley; and Dolphin Action League; San Francisco Creates Individual Fishing Quotas (IFQ) Grassroots Coalition, Los Angeles; Guada- Ocean Film Festival. that are equitably allocated and that protect lupe-Nipomo Dunes Center and Guadalupe- f against bycatch, overfishing, and economic Nipomo Dunes Collaborative; Heal the Bay, harm to local communities. Santa Monica; Huntington Beach Tree Soci- SUBMITTED RESOLUTIONS 4. IMPROVING THE QUALITY OF OCEAN WATER ety, Huntington Beach; The Marine Mammal Center, Sausalito; Monterey Bay Aquarium, Requires EPA to establish maximum SENATE RESOLUTION 165—CON- amounts of nutrient runoff pollution that a Monterey Monterey Bay Sanctuary Founda- body of water can hold and still be healthy, tion, Monterey Moss Landing Marine Lab- GRATULATING THE SMALL BUSI- taking into account regional conditions and oratories, Moss Landing; Newport Bay Natu- NESS DEVELOPMENT CENTERS reasonable economic considerations. ralists and Friends, Newport Beach; The OF THE SMALL BUSINESS AD- Requires water utilities to establish water Ocean Conservancy, Santa Cruz Field Office MINISTRATION ON THEIR 25 treatment standards to remove nutrient pol- Ocean Institute, Dana Point; O’Neill Sea Od- YEARS OF SERVICE TO AMER- lution. yssey, Santa Cruz; The Orange County Inter- ICA’S SMALL BUSINESS OWNERS faith Coalition for the Environment, Tustin; Mandates best management practices for AND ENTREPRENEURS agriculture—requiring farmers, to the great- PRBO Conservation Science, Stinson Beach; est extent practicable, to take steps to cur- San Diego Audubon Society, San Diego; San Ms. SNOWE (for herself, Mr. COLE- tail runoff. Diego Baykeeper San Francisco Zoo, San MAN, Mr. ISAKSON, Mr. VITTER, Ms. Expedites beach pollution testing and post- Francisco; San Luis Bay Surfrider Founda- LANDRIEU, Mr. KERRY, Mr. BURNS, Mr. ing by determining which beaches are most tion, San Luis Obispo San Luis Obispo PRYOR, Mr. BAYH, and Mr. LIEBERMAN) at risk of dangerous water conditions and re- Coastkeeper, San Luis Obispo; Santa Bar- submitted the following resolution; quiring beach closures as soon as practicable bara Channelkeper, Santa Barbara; Santa which was referred to the Committee Monica Bay Audubon Society, Santa Monica but not longer than 48 hours after discovery. on Small Business and Entrepreneur- Requires public notification and testing of Save Our Shores, Santa Cruz; Sea Studios sewer overflows. Foundation, Monterey; Southwest Wetlands ship: Authorizes $11.2 billion per year in funding Interpretive Association, Imperial Beach; S. RES. 165 for state and local governments to reduce Steinhart Aquarium at the California Acad- Whereas in 1980, Congress established the stormwater pollution and to increase moni- emy of Sciences, San Francisco; Surfrider Small Business Development Center program toring and testing. Foundation, Marin County; Surfrider Foun- to deliver management and technical assist- Requires a survey and continuous moni- dation—Monterey Chapter; Trillium Press, ance counseling and provide educational pro- toring of contaminated sediments that are Brisbane; Wildcoast, Imperial Beach; grams to prospective and existing small busi- threats to bodies of water, and establishes Wishtoyo Foundation, Oxnard; Baykeeper, ness owners; standards to protect sensitive aquatic spe- San Francisco; Catalina Island Conservancy, Whereas over the last 25 years, the Small cies from contaminated sediments. Avalon; Environmental Defense Center, Business Development Center network coun- Santa Barbara; The Marine Mammal Center, seled and trained more than 11,000,000 small SUPPORT FOR THE NATIONAL OCEANS Sausalito. business owners and entrepreneurs, helping PROTECTION ACT OF 2005 ELECTED OFFICIALS small businesses start and grow and create jobs in the United States; NATIONAL ORGANIZATIONS Marty Blum, Mayor, City of Santa Bar- Whereas the Small Business Development Natural Resources Defense Council; The bara; Harold Brown, President, Marin Coun- Centers exemplify the partnership between Ocean Conservancy; Oceana; Sierra Club; Na- ty Board of Supervisors; Denise Moreno private sector institutions of higher edu- tional Environmental Trust; Worldwide Ducheny, California State Senator, 40th Dis- cation and Government, working together to Fund for Conservation; U.S. PIRG; Defenders trict; Donna Frye, Councilniember, City of support small businesses and entrepreneur- of Wildlife; E2 (Environmental Entre- San Diego; Fred Keeley, Treasurer-Tax Col- ship; preneurs); Ocean Champions; Blue Frontier lector, County of Santa Cruz; Christine Whereas the Small Business Development Campaign; Pacific Coast Federation of Fish- Kehoe, California State Senator, 39th Dis- Centers have been a critical partner in the ermen’s Associations; Marine Fish Conserva- trict; John Laird, California State Assembly start-up and growth of the Nation’s small tion Network; The Humane Society; ASPCA; member, 27th Assembly District; Patricia businesses ; Seaflow; Surfrider; Association of National McCoy, Councilmember, City of Imperial Whereas in 2004, the Small Business Devel- Estuary Programs; Ocean Defense Inter- Beach; Kevin McKeown, Councilmember, opment Centers counseled and trained ap- national; Earth Island Institute; City of Santa Monica; Aaron Peskin, Presi- proximately 750,000 new and existing small Waterkeepers; America’s Whale Alliance; dent, San Francisco Board of Supervisors; businesses; Center for International Environmental Wayne Rayfield, Mayor, City of Dana Point; Whereas the Small Business Development Law; Acoustic Ecology Institute; Greenpeace Murray Rosenbluth, Mayor, City of Port Centers deliver specialized assistance Foundation; Earthtrust; Western Wildlife Hueneme; Diana Rose, Mayor, City of Impe- through a network of 63 lead centers and Conservancy; Mangrove Action Project; The rial Beach; Susan Rose, Supervisor, Santa more than 1,100 service locations, in all 50 Whaleman Foundation; Campaign to Safe- Barbara County; Bill Rosendahl, States, the District of Columbia, Puerto guard America’s Waters; Reef Relief; Councilmember-Elect, City of Los Angeles; Rico, the Virgin Islands, Guam, and Amer- WildLaw; Conservation Law Foundation; Lori Saldafin˜ a, Californa State Assembly ican Samoa; Cook Inlet Keeper; Cry of the Water; Global member and Assistant Majority Whip, 76th Whereas the Small Business Development Coral Reef Alliance; Save Our Shoreline, Inc; District; Esther Sanchez, Deputy Mayor, Centers provide assistance tailored to the Marine Conservation Biology Institute; Pub- City of Oceanside; Das Williams, local community and the needs of the client, lic Employees for Environmental Responsi- Councilmember, City of Santa Barbara; including counseling and training on finan- bility (PEER); Reef Protection Inter- Mayda Winter, Councilmember, City of Im- cial management, marketing, production national; International Forum on perial Beach. and organization, international trade assist- Globalization; The Ocean Mammal Institute; INDIVIDUALS ance, procurement assistance, venture cap- Endangered Species Coalition. Jean-Michel Cousteau, President, Ocean ital formation, and rural development, CALIFORNIA ORGANIZATIONS Futures Society; Dr. Sylvia Earle, Explorer- among other services that improve the eco- California League of Conservation Voters; in Residence, the National Geographic Soci- nomic environment in which small busi- Aquatic Adventures Science Education ety; Gary Griggs, Director, Institute of Ma- nesses compete;

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12165 Whereas in 2003, the Small Business Devel- preneurs in 1980, today they counsel S. RES. 167 opment Center’s in-depth counseling helped and train almost three-quarters of a Whereas Americans of all ages cherish the small businesses generate nearly million start-ups and existing small pleasures of outdoor activities, and too few $6,000,000,000 in revenues and save an addi- businesses annually. Moreover, in 2003, recognize that overexposure to the sun and tional $7,000,000,000 in sales; its ultraviolet radiation, classified by the Whereas in 2003, the Small Business Devel- the SBDCs helped create and retain over 163,000 jobs across America. Department of Health and Human Services opment Centers helped create and retain as a known carcinogen, is the leading cause over 163,000 jobs across the United States; In 2004 alone, the SBDCs in my home of skin cancer; and State of Maine assisted entrepreneurs Whereas it is critically important to be Whereas the Small Business Development in obtaining over $16 million in loans, safe in the sun because skin cancer is the Centers proudly celebrate 25 years of service helped create and retain over 700 jobs, fastest growing cancer in our country today, to America’s small business owners and en- counseled nearly 3,000 clients and held affecting 1 in 5 Americans during their life- trepreneurs: Now, therefore, be it 200 training events. Just as there’s no times and killing 1 person every hour of Resolved, That the Senate— every day; (1) congratulates the Small Business De- question that small businesses are the lifeblood of our economy, SBDCs are Whereas more than 1,000,000 new cases of velopment Centers of the Small Business Ad- skin cancer will be diagnosed in the United ministration on their 25 years of service to truly the lifeline for entrepreneurs. States this year, accounting for nearly half America’s small business owners and entre- As we celebrate the SBDCs 25th An- of all new cases of cancer and exceeding the preneurs; niversary, we must reaffirm our com- incidence of breast, prostate, lung, and colon (2) recognizes their service in helping mitment to foster an environment that cancer combined; America’s small businesses start, grow, and is favorable to economic growth and Whereas most people receive approxi- flourish; and development for new and growing mately 80 percent of their lifetime sun expo- (3) directs the Secretary of the Senate to sure by age 18, setting the stage for skin can- transmit an enrolled copy of this resolution firms. On that note, the 36 percent cut in the SBA’s budget over the last 5 cer later in life; to the Association for Small Business Devel- Whereas skin cancer is highly preventable opment Centers for appropriate display. years has been a step in the wrong di- by taking simple precautions when engaged Ms. SNOWE. Mr. President, I rise rection, and it is a misjudgement I in outdoor activities; today in support of a Senate resolution hope Congress will reverse. I will con- Whereas research demonstrates that prac- that honors the Small Business Admin- tinue to fight to ensure that the SBA ticing good sun safety has the potential to istration’s (SBA’s) Small Business De- and its resource partners like the significantly reduce the risk of skin cancer; velopment Centers (SBDCs) on their SBDCs obtain the valuable resources Whereas the Sun Safety Alliance and its tremendous service and dedication to they deserve. members have dedicated themselves to pro- The challenges of starting a new moting sun safety, eliminating skin cancer America’s small businesses and entre- from excessive sun exposure, and encour- preneurs over the past 25 years. business are surpassed only by the de- aging sun protection practices, especially Small businesses form a solid founda- termination and ingenuity of Amer- among children; and tion for economic growth and job cre- ica’s entrepreneurs. By strengthening Whereas the Sun Safety Alliance has des- ation. The successes of our Nation’s 25 the SBA’s core programs such as the ignated the week of June 5, 2005, to June 11, million small businesses have helped SBDC program, we can encourage job 2005, as National Sun Safety Week: Now, create nearly three-quarters of all new growth and provide American small therefore, be it jobs and produce 50 percent of our businesses an even greater opportunity Resolved, That the Senate— country’s Gross Domestic Product. to thrive and prosper. (1) recognizes (A) the importance of sun safety; and As Chair of the Senate Committee on Today I urge my colleagues to show (B) the need for school-based sun safety Small Business and Entrepreneurship, I their support for the Small Business education programs; understand that the spirit of entre- Development Center program during (2) encourages all Americans to protect preneurs, to explore beyond their lim- their silver anniversary and support themselves and their children from the dan- its, is the engine driving our economy. this Resolution. Small Business Devel- gers of excessive sun exposure; Each year 3 to 4 million new businesses opment Centers are a critical compo- (3) congratulates the Sun Safety Alliance open their doors to the marketplace nent to strengthening our Nation’s for its efforts to promote sun safety and pre- and one in 25 adult Americans takes economy and creating American jobs, vent skin cancer; and (4) supports the goals and ideas of National the steps to start a business. Clearly, it and they clearly deserve our accolades Sun Safety Week. is essential we ensure that every Amer- and recognition. f ican has the necessary resources avail- f able to start, grow and develop a busi- SENATE RESOLUTION 166—TO AU- SENATE CONCURRENT RESOLU- ness. TION 41—RECOGNIZING THE SAC- Among the most valuable assets for THORIZE THE PRINTING OF A RIFICES BEING MADE BY THE any entrepreneur is the SBA’s Small COLLECTION OF THE RULES OF FAMILIES OF MEMBERS OF THE Business Development Center program. THE COMMITTEES OF THE SEN- ARMED FORCES AND SUP- Over the past 25 years, the SBDCs have ATE PORTING THE DESIGNATION OF provided unique one-on-one counseling Mr. LOTT submitted the following A WEEK AS NATIONAL MILITARY to over 11 million Americans helping resolution; which was considered and FAMILIES WEEK new business start-ups, sustain strug- agreed to: Mr. HAGEL (for himself and Mr. gling firms, and expand growth for ex- S. RES. 166 isting firms. MARTINEZ) submitted the following Resolved, That a collection of the rules of concurrent resolution; which was re- Through a network of 63 lead centers the committees of the Senate, together with and more than 1,100 service locations, related materials, be printed as a Senate ferred to the Committee on Armed the SBDCs deliver their services in all document, and that there be printed 500 addi- Services: 50 States, as well as the District of Co- tional copies of such document for the use of S. CON. RES. 41 lumbia, Puerto Rico, the Virgin Is- the Committee on Rules and Administration. Whereas the people of the United States lands, Guam, and American Samoa. f have a sincere appreciation for the sacrifices From financial management, to mar- being made by the families of members of keting to procurement assistance, the SENATE RESOLUTION 167—RECOG- the Armed Forces while their loved ones are SBDCs tailor their counseling and NIZING THE IMPORTANCE OF deployed in the service of their country; training to the needs of the client in SUN SAFETY, AND FOR OTHER Whereas military families face unique PURPOSES challenges while their loved ones are de- each local community. ployed because of the lengthy and dangerous In addition, the SBDCs have an ex- Mr. MCCAIN (for himself and Mr. nature of these deployments; traordinary record of excellence. Hav- SUNUNU) submitted the following reso- Whereas the strain on military family life ing counseled and trained more than lution; which was considered and is further increased when these deployments 50,000 business owners and entre- agreed to: become more frequent;

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12166 CONGRESSIONAL RECORD—SENATE June 9, 2005 Whereas military families on the home Senate on Thursday, June 9, 2005 at SUBCOMMITTEE ON BIOTERRORISM AND PUBLIC front remain resilient because of their com- 10:30 a.m. to hold a hearing on nomina- HEALTH PREPAREDNESS prehensive and responsive support system; tions. Mr. SESSIONS. Mr. President, I ask Whereas the brave members of the Armed The PRESIDING OFFICER. Without unanimous consent that the Sub- Forces who have defended the United States committee on Bioterrorism and Public since September 11, 2001, continue to have in- objection, it is so ordered. credible, unending support from their fami- COMMITTEE ON FOREIGN RELATIONS Health Preparedness, be authorized to lies; and Mr. SESSIONS. Mr. President, I ask hold a hearing during the session of the Whereas the week of June 12, 2005, has been unanimous consent that the Com- Senate on Thursday, June 9, 2005 at 2 proposed to be designated as National Mili- mittee on Foreign Relations be author- p.m. in SD–430. tary Families Week: Now, therefore be it ized to meet during the session of the The PRESIDING OFFICER. Without Resolved by the Senate (the House of Rep- objection, it is so ordered. resentatives concurring), That Congress— Senate on Thursday, June 9, 2005 at 2:30 (1) recognizes the sacrifices of military p.m. to hold a hearing on the Western f families and the support they provide for Hemisphere. PRIVILEGE OF THE FLOOR their loved ones serving as members of the The PRESIDING OFFICER. Without Armed Forces; and objection, it is so ordered. Mr. HARKIN. Mr. President, I ask (2) supports the designation of a week as unanimous consent that Dan Stevens COMMITTEE ON HEALTH, EDUCATION, LABOR, National Military Families Week. of my staff be granted floor privileges AND PENSIONS f for the duration of today’s session. Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- objection, it is so ordered. MEET mittee on Health, Education, Labor, Mr. HATCH. Mr. President, I ask and Pensions be authorized to hold a COMMITTEE ON AGRICULTURE, NUTRITION, AND unanimous consent that the privilege FORESTRY hearing during the session of the Sen- of the floor be granted for the remain- Mr. SESSIONS. Mr. President, I ask ate on Thursday, June 9, 2005 at 10 a.m. der of this session to Ken Valentine, a unanimous consent that the Com- in SD–430. detailee from the Secret Service who is mittee on Agriculture, Nutrition and The PRESIDING OFFICER. Without serving on my staff. Forestry be authorized to conduct a objection, it is so ordered. The PRESIDING OFFICER. Without hearing during the session of the Sen- COMMITTEE ON THE JUDICIARY objection, it is so ordered Mr. SESSIONS. Mr. President, I ask ate on Thursday, June 9, 2005 at 2 p.m. f in SR–328A. The purpose of this hearing unanimous consent that the Com- will be to review the nominations of mittee on the Judiciary be authorized UNANIMOUS CONSENT AGREE- Mr. Walter Lukken and Mr. Reuben to meet to conduct a markup on Thurs- MENT—PRINTING OF STANDING Jeffries to be commissioners of the day, June 9, 2005, at 9:30 a.m. in Dirk- RULES OF THE SENATE Commodity Futures Trading Commis- sen Room 226. Mr. FRIST. Mr. President, I ask sion and also for Mr. Jeffries to be unanimous consent that the Com- chairman of the Commission. Agenda mittee on Rules and Administration be The PRESIDING OFFICER. Without directed to prepare a revised edition of objection, it is so ordered. I. Nominations: the Standing Rules of the Senate, and COMMITTEE ON BANKING, HOUSING, AND URBAN Terrence W. Boyle, II to be U.S. Cir- that such standing rules be printed as a AFFAIRS cuit Judge for the Fourth Circuit; Senate document. I further ask unani- Mr. SESSIONS. Mr. President, I ask Brett M. Kavanaugh to be U.S. Circuit mous consent that beyond the usual unanimous consent that the Com- Judge for the District of Columbia; Ra- number, 2,500 additional copies of this mittee on Banking, Housing, and chel Brand to be an Assistant Attorney document be printed for the use of the Urban Affairs be authorized to meet General for the Office of Legal Policy; Committee on Rules and Administra- during the session of the Senate on Alice S. Fisher to be an Assistant At- tion. Thursday, June 9, 2005, at 10 a.m. to torney General for the Criminal Divi- The PRESIDING OFFICER. Without mark up S. 582 ‘‘The Little Rock Cen- sion. objection, it is so ordered. tral High School Desegregation 50th f Anniversary Commemorative Coin II. Bills: Act,’’ and to vote on the nomination of S. 491, Christopher Kangas Fallen AUTHORIZING THE PRINTING OF A Mr. Ben S. Bernanke, of New Jersey, to Firefighter Apprentice Act, Specter, COLLECTION OF THE RULES OF be a member of the Council of Eco- Leahy; SENATE COMMITTEES nomic Advisers; and Mr. Brian D. S. 1181, Which is Section 8 of Open- Mr. FRIST. I ask unanimous consent Montgomery, of Texas, to be assistant ness Promotes Effectiveness in our Na- the Senate now proceed to the consid- secretary of Housing/Federal Housing tional Government Act of 2005, Cornyn, eration of S. Res. 166, submitted earlier Commissioner, U.S. Department of Leahy, Feingold. today. Housing and Urban Development. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without III. Matters: clerk will report the resolution by objection, it is so ordered. Senate Judiciary Committee Rules. title. COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without The assistant legislative clerk read TRANSPORTATION objection, it is so ordered. as follows: Mr. SESSIONS. Mr. President, I ask COMMITTEE ON VETERANS’ AFFAIRS A resolution (S. Res. 166) to authorize the unanimous consent that the Com- Mr. SESSIONS. Mr. President, I ask printing of the collection of rules of the com- mittee on Commerce, Science, and unanimous consent that the Com- mittees of the Senate. Transportation be authorized to meet mittee on Veterans’ Affairs be author- There being no objection, the Senate on Review of General Aviation Secu- ized to meet during the session of the proceeded to consider the resolution. rity, at 11 a.m., on Thursday, June 9, Senate on Thursday, June 9, 2005, for a Mr. FRIST. I ask unanimous consent 2005, in SR–253. committee hearing to receive testi- the resolution be agreed to, the motion The PRESIDING OFFICER. Without mony on various healthcare-related to reconsider be laid on the table, and objection, it is so ordered. bills pending before the Committee. any statements relating to the resolu- COMMITTEE ON FOREIGN RELATIONS The hearing will take place in Room tion be printed in the RECORD. Mr. SESSIONS. Mr. President, I ask 418 of the Russell Senate Office Build- The PRESIDING OFFICER. Without unanimous consent that the Com- ing at 10 a.m. objection, it is so ordered. mittee on Foreign Relations be author- The PRESIDING OFFICER. Without The resolution (S. Res. 166) was ized to meet during the session of the objection, it is so ordered. agreed to, as follows:

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12167 S. RES. 166 (2) encourages all Americans to protect move forward on the Energy bill. It is Resolved, That a collection of the rules of themselves and their children from the dan- a big piece of legislation that is vitally the committees of the Senate, together with gers of excessive sun exposure; important to the people of America. Of related materials, be printed as a Senate (3) congratulates the Sun Safety Alliance course, in a big piece of legislation for its efforts to promote sun safety and pre- document, and that there be printed 500 addi- such as this, there will be problems, tional copies of such document for the use of vent skin cancer; and the Committee on Rules and Administration. (4) supports the goals and ideas of National and certainly there will be in this bill. Again, as I said previously, I am f Sun Safety Week. f grateful to Senators DOMENICI and RECOGNIZING THE IMPORTANCE BINGAMAN for getting the bill to us ini- OF SUN SAFETY THANKING THE SPRING 2005 tially. It is a bill that is developed by Mr. FRIST. I ask unanimous consent PAGES consensus of the committee. That the Senate now proceed to the consid- Mr. FRIST. Mr. President, before we speaks well of both Senator DOMENICI eration of S. Res. 167, submitted earlier leave I want to give a final thanks to and Senator BINGAMAN and the mem- today. the page class of the spring of 2005. To- bers of the committee. That is going to The PRESIDING OFFICER. The morrow is a special day. They will be be some heavy lifting in legislative clerk will report the resolution by receiving their certificates and will be terms. title. leaving us to return home. We rarely The distinguished majority leader The assistant legislative clerk read take that opportunity to say thank has set a very high mark for the Sen- as follows: you for your service, and thus we do so ate before we leave here. He wants to A resolution (S. Res. 167) recognizing the tonight. They have done a tremendous finish at least two appropriations bills. importance of sun safety, and for other pur- job over the past several weeks. We I think it is possible we can do three poses. thank them for their hard work. appropriations bills. I hope we can do There being no objection, the Senate I ask unanimous consent their names that. If we can get rid of—I say that in proceeded to consider the resolution. be printed in the RECORD. a most positive sense—the Homeland Mr. FRIST. I ask unanimous consent There being no objection, the mate- Security, the Energy, water, and Inte- the resolution be agreed to, the pre- rial was ordered to be printed in the rior bill, and it does not matter what amble be agreed to, and the motion to RECORD, as follows: order, that would be good work for this reconsider be laid upon the table. Caroline Cannon, Luke Combellick, Pres- work period. The PRESIDING OFFICER. Without ton Eldridge, Mimi Faller, Geraldine Flana- I also express to the distinguished objection, it is so ordered. gan, Mary Kathryn Flanagan, Trevor Gar- majority leader my appreciation for The resolution (S. Res. 167) was rett, Kyle Kilroy, Meg Lavin, Andrew his hard work. We are not there yet. agreed to. Leciejewski, Natalie Nielson, Jimmy Peter- But we hope we can arrive at some The preamble was agreed to. son, Laura Sankovitch, Rylee Sommers- agreement on stem cell research during The resolution, with its preamble, Flanagan, Will Sterling, Jared Tate, Natalie that work period. It would make every- reads as follows: Walters, Don Willie, Kelly Bernero, Mark thing move a little more quickly if we S. RES. 167 Hammons, Andrew Humphrey, Morandi Hurst, Heidi Klein, Tiffany Mason, Bryan do that. The leader is working on that. Whereas Americans of all ages cherish the Miller, Tyler Salisbury, Ellen Tyner, Emma I am working on that. I hope we can, pleasures of outdoor activities, and too few Van Susteren. maybe in the next week, agree on recognize that overexposure to the sun and its ultraviolet radiation, classified by the f something that will allow us to do that so we do not have a lot of hurdles Department of Health and Human Services ORDERS FOR MONDAY, JUNE 13, thrown up in other legislation because as a known carcinogen, is the leading cause 2005 of skin cancer; of that. Whereas it is critically important to be Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Does the safe in the sun because skin cancer is the that when the Senate completes its Senator withdraw his reservation? fastest growing cancer in our country today, business today, the Senate stand in ad- Mr. REID. I do. affecting 1 in 5 Americans during their life- journment until 2 p.m. Monday, June The PRESIDING OFFICER. Without times and killing 1 person every hour of 13; I further ask that following the objection, it is so ordered. every day; prayer and pledge, the morning hour be Whereas more than 1,000,000 new cases of Mr. FRIST. Mr. President, briefly in skin cancer will be diagnosed in the United deemed expired, the Journal of pro- response—really in agreement—as we States this year, accounting for nearly half ceedings be approved to date, the time heard from the Democrat leader, we of all new cases of cancer and exceeding the for the two leaders be reserved, and the have a lot to do. We have an ambitious incidence of breast, prostate, lung, and colon Senate then return to executive session agenda with a superb piece of legisla- cancer combined; and begin consideration of the nomina- tion that we bring to the Senate early Whereas most people receive approxi- tion of Tom Griffith to be a United next week, the Energy bill, which ad- mately 80 percent of their lifetime sun expo- States circuit court judge for the DC dresses gasoline prices, energy inde- sure by age 18, setting the stage for skin can- Circuit as under the order. cer later in life; pendence, a move toward energy inde- Whereas skin cancer is highly preventable Mr. REID. Reserving the right to ob- pendence, issues important to the by taking simple precautions when engaged ject. American people. in outdoor activities; The PRESIDING OFFICER (Mr. ISAK- In addition to appropriations bills, Whereas research demonstrates that prac- SON). The Democratic leader. the Democratic leader mentioned stem ticing good sun safety has the potential to Mr. REID. Mr. President, as I ex- cell research. I add to that the Depart- significantly reduce the risk of skin cancer; pressed to the distinguished majority ment of Defense authorization which is Whereas the Sun Safety Alliance and its leader personally, and I say so today, ready for consideration. Asbestos—the members have dedicated themselves to pro- and I have said so publicly on a number moting sun safety, eliminating skin cancer distinguished Senator from Pennsyl- from excessive sun exposure, and encour- of occasions, I wish this week we had vania who was just here, Senator SPEC- aging sun protection practices, especially been working on something else. The TER, has worked so hard on that par- among children; and fact is, we have now what I consider a ticular bill. That is important to job Whereas the Sun Safety Alliance has des- bump in the road out of the way. I am creation, to health care, to getting ignated the week of June 5, 2005, to June 11, glad we are now going to move on to benefits to people who need it. We have 2005, as National Sun Safety Week: Now, legislative business. We have so much a lot to do. I look forward to beginning therefore, be it to do in the next few, literally, weeks that process. Resolved, That the Senate— (1) recognizes we have remaining in this legislative Next week, we have one more judge, (A) the importance of sun safety; and session. Thomas Griffith, on Monday. Then we (B) the need for school-based sun safety I appreciate very much the people on can go to the Energy legislation. So we education programs; both sides of the aisle allowing us to have an ambitious agenda, but we are

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12168 CONGRESSIONAL RECORD—SENATE June 9, 2005 working together and we have made a bill. I encourage Senators to come for- mittee has passed out of the committee huge amount of progress in the last ward early with their amendments and the asbestos bill, and the Senate En- week. to contact the managers of their intent ergy and Natural Resources Committee Mr. REID. Will the Senator yield? to offer specific amendments. has passed the Energy bill. Mr. FRIST. I yield. f Now, as someone who was in the Mr. REID. It has been brought to my room for the negotiations of the fili- ORDER FOR ADJOURNMENT attention that we also have to do in buster agreement, I would like to take the next few weeks the Native Hawai- Mr. FRIST. If there is no further just a few moments to talk about what ian legislation we talked about that we business to come before the Senate, I happened, why I was involved, and would help Senator AKAKA on; also, we ask unanimous consent the Senate where we go from here. Candidly, I be- have a couple of hours the Majority stand in adjournment under the pre- came involved in the negotiations be- Leader has agreed to set aside for the vious order, following the remarks of cause I was not satisfied with what I China trade issue with Senator SCHU- Senator DEWINE for up to 15 minutes had seen in the Senate over the last MER. Those things I am sure we can and Senator SALAZAR to follow Senator few years. Everyone got in the negotia- work in, but those are things we have DEWINE for up to 10 minutes. tion, I am sure, for different reasons. I to keep in mind that we have to do. The PRESIDING OFFICER. Without am just speaking for myself. I believed Mr. FRIST. Mr. President, as you can objection, it is so ordered. that judges were not getting voted on The Senator from Ohio. see, the list is huge. We are going in the Senate, that the circuit court about it systematically, in discussion f judges were not being acted upon when on a regular basis with the Democratic FILIBUSTER AGREEMENT they should have been, that many of leader. That is the way we will con- them were being denied an up-or-down Mr. DEWINE. Mr. President, we have vote. I believed the filibuster was being tinue as we address many issues impor- just seen a major accomplishment in tant to the American people. used in excess to block their nomina- the Senate in the last several weeks: tions. I felt that the status quo was f the confirmation of five nominees to simply not acceptable, that we could NATIONAL MILITARY FAMILIES serve on the Federal bench. These con- no longer continue down that path. WEEK firmations were achieved after a his- Well, what was the solution? How toric agreement was reached in the were we going to get judges voted on in Mr. FRIST. Mr. President, I ask Senate, an agreement that allowed us unanimous consent the Senate now the Senate? The status quo abuse of to proceed. the filibuster, which I felt clearly was proceed to consideration of H. Con. We have seen five individuals con- Res. 159 which was received from the an abuse of the filibuster, was not ac- firmed by the Senate—Priscilla Owen, ceptable to me. I was prepared to take House. Janice Rogers Brown, William Pryor, The PRESIDING OFFICER. The action to deal with that. Yet I felt David McKeague, and Richard Griffin. that, in the best interests of the Senate clerk will report the resolution by The majority leader has indicated that and the Nation, it was really not in the title. Thomas Griffith will be on the Senate best interests of the Nation or the Sen- The legislative clerk read as follows: floor shortly and we will take up that ate to totally change the rules and to- A concurrent resolution (H. Con. Res. 159) nomination. tally eliminate the filibuster, if we recognizing the sacrifices being made by the This represents a major accomplish- families and members of the Armed Forces could avoid that. I felt what we needed ment and a major change in the way basically was a resolution to this cri- and supporting the designation of a week as the Senate has been doing business. National Military Families Week. sis, a new option or alternative that This shows bipartisanship. This is a could restore the Senate to where it There being no objection, the Senate step forward. It is progress. proceeded to consider the concurrent was when I entered the Senate a decade As one of the 14 Senators involved in ago. That was a Senate where the pos- resolution. negotiating the recent compromise sibility of a filibuster for judicial Mr. FRIST. I ask unanimous consent agreement on the use of filibusters to nominations was there but hardly ever the concurrent resolution be agreed to, block judicial nominations, I am very used. the preamble be agreed to, and the mo- pleased to see this progress and to see I believe that is exactly what we tion to reconsider be laid upon the what has happened since this agree- were able to achieve with the agree- table. ment was reached. As everyone knows, ment. The PRESIDING OFFICER. Without of these five nominations, several of During our negotiations, we agreed objection, it is so ordered. them have been held up for years. Two that a filibuster for a judge should not The concurrent resolution (H. Con. I have a particular interest in come be used unless under extraordinary cir- Res. 159) was agreed to. from the Sixth Circuit from the States cumstances. Furthermore, we made The preamble was agreed to. of Ohio, Michigan, Kentucky, and Ten- sure the agreement included a provi- f nessee. These two come from the State sion that if the terms of the agreement PROGRAM of Michigan but are part of the Sixth were violated, and a judge was filibus- Circuit which has had vacancies for tered in circumstances that an indi- Mr. FRIST. On Monday, the Senate many years. Now we have these two po- vidual Member considered not to be ex- will consider the Griffith nomination sitions filled. traordinary—in other words, if MIKE to the DC Circuit. There will be up to I am pleased to see this progress we DEWINE or any Member considered that 4 hours of debate on the nomination on have been making the last 2 weeks on another Member was filibustering a Monday afternoon. Then we will set nominations but also the progress we judge under a circumstance that was the nomination aside with a confirma- have been making in the Senate on not extraordinary, that I or any Mem- tion vote occurring on Tuesday morn- other matters, as well. I think it is ber had the right to pull out of that ing at 10 a.m. good for the country. agreement and to go back and say: I At 6:30 p.m. Monday evening, the The agreement that we entered into am going to use the constitutional op- Senate will proceed to S. Res. 39 relat- not only cleared the field for the Presi- tion to change the practice, the prece- ing to antilynching. That resolution dent’s judicial nominations, some of dent of the Senate. will not require a rollcall vote and whom, as I have said, have been wait- That was my right. I insisted on that therefore there will be no votes on ing for over 4 years, but by avoiding when I entered the negotiations. I felt Monday. On Tuesday, we will begin the confrontation it also allowed the peo- that was important and that was the Energy bill. Chairman DOMENICI and ple’s agenda to move forward. And that only way I could be a part of the nego- Senator BINGAMAN will be ready to con- is a very important matter. tiations. sider amendments on Tuesday in order Already, since the agreement was So let me make that very clear. The to make headway on that important reached, the Senate Judiciary Com- constitutional option was on the table,

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 CONGRESSIONAL RECORD—SENATE 12169 and it does remain on the table today. votes in the Senate demonstrate, the that agreement, one of the things that There was never any question in my majority leader is right. We are getting brought people together was the con- mind about that. In fact, let me repeat things done. We are getting things cept of respect for each other, mutual exactly what I said at the press con- done because this agreement was nego- respect for our colleagues in this ference that the group held on May 23, tiated in good faith by good people who Chamber, mutual respect for the people right after we had reached our agree- want to get things done, who want to of America. ment. This is what I said that evening proceed step by step. It was negotiated As we have gone through the debate at that press conference when everyone in good faith by Members working to- on the confirmation of judges over the was there, at least 12 of the 14 people gether in the best interests of this Sen- last several days, I have seen debate who had reached the agreement. This is ate and of our Nation. It is a good within this body as well as debate what I said. I quote myself: agreement, one that has enabled us in among some of the constituent groups This agreement is based on good faith— the Senate to get back to doing the that I have found troublesome because good faith among people who trust each business of the people, for the people. it goes to the heart of the kind of re- other. And, it’s our complete expectation That is what the American people ex- spect we should afford each other in that it will work. Senators have agreed that pect, and it certainly is what the this Chamber. they will not filibuster except in extraor- American people deserve. I have heard statements that those dinary circumstances. We believe that will, We have made progress. We have been who happened to be opposed to Bill in fact, work. Some of you who are looking at the language may wonder what some of able to confirm judges and bring to the Pryor, for whom I voted, were opposed the clauses mean. The understanding is—and floor of this Senate for up-or-down to him because he was anti-Catholic. I we don’t think this will happen—but if an in- votes three judges who have been held heard statements made that some of dividual Senator believes in the future that up for years and two other judges in a my Democratic colleagues who were a filibuster is taking place under something circuit, the Sixth Circuit, in Ohio and opposed to Janice Rogers Brown were that’s not extraordinary circumstances, we, three other States, that has suffered opposed to her because she was African of course, reserve the right to do what we from a lack of judges on the Sixth Cir- American. I submit that nothing could could have done tomorrow, which is to cast cuit for years, with many vacancies. be further from the truth. In fact, when a yes vote for the constitutional option. I was prepared to do that tomorrow if we Today, we filled two of those vacancies. those kinds of statements emanate could not reach an agreement. That makes a difference. We are mak- from Members of this Chamber or when they emanate from some of the con- Mr. President, let me also quote from ing progress. I am not arrogant enough to come to stituent groups that follow us, it is a the May 30, Washington Post article by the floor today and say that everything violation of the respect we should af- Dan Balz. He wrote the following about is going to work out perfectly. I don’t ford each other. the agreement: know that it will. I don’t have a crys- I, too, am hopeful that as we move [Senator] DeWine, Senator Lindsey Gra- tal ball. I just know that we have come forward in the consideration of other ham have disputed the assertion . . . that the nuclear option is off the table. DeWine a ways. We have taken some steps. We judges and other matters, that kind of said he explicitly raised the issue just before have made some progress. I believe we hurtful, vitriolic, and unwarranted at- the group announced the deal. can rely on the good faith of Members tack on each other is something we Balz then quotes me: to try to continue to work together, will not see again. If we can establish continue to make progress, and con- that kind of collegiality within this I said at the end, ‘‘Make sure I understand this now, that . . . if any member of the tinue to try to exercise good faith. body, we can, in fact, return to those group thinks the judge is filibustered under We have set a bar now, a standard. days when we had people working circumstances that are not extraordinary, Seven Members of the Senate on each across the aisle to solve the common that member has the right to vote at any side have said they will not filibuster problems that faced Americans, regard- time for the constitutional option.’’ Every- except under extraordinary circum- less of whether they were Democrats, one in the room understood that. stances. That is something that had Independents, or Republicans. It is that Now, the article goes on to say— not been set before. That is the bar. kind of ethic I hope is embraced as we again, Dan Balz’s article in the Wash- No, it is not specifically defined. I un- move forward in deliberations. ington Post— derstand that. But at least there is a f bar. It is an understanding. That is Senator Mark Pryor, [a Democrat and] an- HONORING OUR ARMED FORCES other member of the group [of 14], concurred, progress. It is a recognition that the saying that while he hopes the nuclear op- filibuster is not something just to be STAFF SERGEANT JUSTIN L. VASQUEZ tion is gone for the duration of the 109th used; it is something to be used only in Mr. SALAZAR. Mr. President, I rise Congress, circumstances could bring it back. very rare cases. You have to use it to speak for a moment about a brave Quoting Senator PRYOR: after you think long and hard about it. American who lost his life earlier this I really think Senator DeWine and Senator It is the recognition of 14 people that week. His name is SSG Justin L. Graham have it right. they will only use that filibuster after Vasquez. Staff Sergeant Vasquez was Mr. President, Members of the Sen- thinking long and hard. That is killed this past Sunday when a road- ate, Senate Majority Leader FRIST also progress. side bomb exploded near his military agrees with this assessment. He said, in What we have seen with these five vehicle. this May 30 article by Dan Balz: judges is progress. So we celebrate to- Staff Sergeant Vasquez was 26, and The nuclear option remains on the table. It night progress, not total victory. You from the small town of Manzanola, CO, remains an option. I will not hesitate to use are never done in the Senate. We are near La Junta, along the Arkansas it, if necessary. always trying to move forward. But at River. He was a member of the 3rd And later, Senator FRIST was quoted least we should stop for a moment to- Squadron, 3rd Armored Cavalry Regi- in the June 5 New York Times from his night and say: We have made progress. ment out of Fort Carson, CO. comments in a speech at Harvard Uni- We have come this far. We know we He aspired to become an FBI agent, versity, as follows. This is Senator have a ways to go, but here we are, at to continue his career of helping to FRIST: least. protect people. He even considered be- The short-term evaluations, I believe, will I yield the floor. coming a lifetime military man. Re- prove to be shortsighted and wrong after we The PRESIDING OFFICER. The Sen- gardless of whether he chose the FBI or get judge after judge after judge after judge ator from Colorado. stayed in the military, he was clearly through, plus at least one Supreme Court Mr. SALAZAR. Mr. President, let me motivated by patriotism and was mak- nominee and an energy bill . . . and we will at the outset say that I am proud that ing service to our great country and get Bolton. I was 1 of the 14 Members who signed our security his career. Mr. President, Members of the Sen- the agreement just referred to by my Staff Sergeant Vasquez was always a ate, as the recent judicial confirmation good friend from Ohio. In the signing of patriot who chose to put his country

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12170 CONGRESSIONAL RECORD—SENATE June 9, 2005 over himself. He enlisted at 18, and DEPARTMENT OF STATE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: after his first tour of Iraq reenlisted for HENRY CRUMPTON, OF VIRGINIA, TO BE COORDINATOR To be colonel a second 6-year stretch with the Army FOR COUNTERTERRORISM, WITH THE RANK AND STATUS OF AMBASSADOR AT LARGE, VICE J. COFER BLACK. JOHN A. CAVER, 0000 in 2003. RONALD SPOGLI, OF CALIFORNIA, TO BE AMBASSADOR THOMAS B. DUNHAM, 0000 Consider that, Mr. President. We are EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE ITALIAN REPUB- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE learning everyday that the Army is LIC. UNITED STATES OFFICERS FOR APPOINTMENT TO THE having trouble meeting its recruiting ROBERT H. TUTTLE, OF CALIFORNIA, TO BE AMBAS- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: goals because of the demands of de- THE UNITED STATES OF AMERICA TO THE UNITED KING- To be colonel ployments in Iraq and Afghanistan. DOM OF GREAT BRITAIN AND NORTHERN IRELAND. EXECUTIVE OFFICE OF THE PRESIDENT GRETCHEN S. DUNKELBERGER, 0000 Staff Sergeant Vasquez chose to re-up LINDA G. LITTLE, 0000 for service after having been to Iraq BENJAMIN A. POWELL, OF FLORIDA, TO BE GENERAL JANET I. SESSUMS, 0000 COUNSEL OF THE OFFICE OF THE DIRECTOR OF NA- and knowing he was in all likelihood TIONAL INTELLIGENCE. (NEW POSITION) THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE heading back to Iraq. IN THE AIR FORCE UNITED STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE During this, his second tour in Iraq, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Staff Sergeant Vasquez was serving as UNITED STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE To be colonel a commander of a team of Bradley UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: WILLIAM F. EVANS, 0000 Fighting Vehicles. To be colonel LESLIE R. HYDER, 0000 Earlier this year, Staff Sergeant RONALD H. ALFORS, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE Vasquez was selected as one of nine sol- DAVID M. BANDINI, 0000 UNITED STATES OFFICERS FOR APPOINTMENT TO THE JOHN P. BARTHOLF, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE diers from Colorado profiled by the WILLIAM C. BENTON, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Rocky Mountain News during their KEVIN J. BROWN, 0000 To be colonel STEVEN P. BULLARD, 0000 service in Kuwait. The paper noted WILLIAM F. BURNS II, 0000 WILBERT W. EDGERTON, 0000 that Staff Sergeant Vasquez had ‘‘argu- DEBORAH L. CARTER, 0000 BRUCE C. EVANS, 0000 TERRI L. CHANEY, 0000 JAMES D. HILL, 0000 ably, the toughest job in First Platoon, JAMES A. CLIFFORD, 0000 MICHAEL W. LLOYD, 0000 if not in all of Lightning Troop’’— KENNETH J. DALE, 0000 CLYDE W. MATHEWS, 0000 THOMAS R. DALTON II, 0000 SUZANNE PETERS, 0000 working with new enlistments fresh CHARLES A. DENMAN, 0000 out of boot camp. CHARLES E. FOSTER, JR., 0000 IN THE ARMY ROBERT M. GINNETTI, 0000 But perhaps most importantly, Staff ROBERT L. GOULD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Sergeant Vasquez was a leader. Among JONATHAN H. GROFF, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK D. HAMMOND, 0000 MEDICAL CORPS AND FOR REGULAR APPOINTMENT the nine men under his command, five WILLIAM A. HARDIN, 0000 (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. were new enlistments on their first HOWARD A. HAYES, 0000 SECTIONS 624, 531, AND 3064: CHRIS R. HELSTAD, 0000 To be lieutenant colonel tour. He would spend much of his time WILLIAM O. HILL, 0000 during the days training the inexperi- KERRY M. HOLLOMON, 0000 WILLIAM P. * ADELMAN, 0000 STANLEY V. HOOD, JR., 0000 JAY T. * ALLEN, 0000 enced scouts, helping to build their RICHARD B. HOWARD, 0000 PETER J. * ALLEN, 0000 confidence in their mission and their KEVIN J. KEEHN, 0000 BRYAN J. * ALSIP, 0000 DAVID T. KELLY, 0000 SCOTT R. * ANTOINE, 0000 actions. JOHN E. KEOSHIAN, 0000 KARLA * AUYEUNG, 0000 Staff Sergeant Vasquez was shaping PAUL M. KERWIEN, 0000 VERONICA R. BAECHLER, 0000 JOSEPH K. KIM, 0000 DARREN S. BARONI, 0000 nervous boys into confident young MICHAEL KOLESSAR, 0000 ANDREW M. * BARR, 0000 men, creating leaders for our cities and JEFFREY A. LEWIS, 0000 ROBERT M., * BAUER II, 0000 PAUL A. MACKEY, 0000 JOHN G. BEAUMAN, JR., 0000 towns, businesses and PTA boards. He RICKY J. MAFFEI, 0000 PHILIP M. * BECK, 0000 had every confidence in his men and in- KEITH P. MARTIN, 0000 MICHAEL R. BELL, 0000 CORNELIUS T. MULLANEY, 0000 JASON L. * BLASER, 0000 spired them to have confidence in GREGORY L. NELSON, 0000 EARL F. * BRAUNLICH, 0000 themselves and their mission. MICHAEL L. OGLE, 0000 ELIZABETH L. * BRILL, 0000 THEODORE S. ORKIN, JR., 0000 SCOTT A. * BRILL, 0000 In his short life, Sergeant Vasquez BRADLEY E. PETERSON, 0000 JOSEPH G. BROOKS, 0000 was a living role model of what each of DANN D. PETTIT, 0000 DAVID L. BROWN, 0000 MARK A. REMICK, 0000 LINDA L. BROWN, 0000 us in this Chamber hopes to become: a CATHY M. RODRIGUEZ, 0000 TOMMY A. * BROWN, 0000 champion for something other than ROBERT S. SHAFER, JR., 0000 BRIAN S. * BURLINGAME, 0000 ROBERT L. SHANNON, JR., 0000 JEFFREY B. * BURNETTE, 0000 ourselves, a champion for an ideal— HENRY A. SMART, JR., 0000 JEFFREY M. CALLIN, 0000 freedom—bigger than anyone person. CHRISTOPHER D. SWADENER, 0000 DARREL K. CARLTON, 0000 MILES F. SYMONDS, 0000 BRENNAN * CARMODY, 0000 All of Colorado is saddened by the JOHN H. THEISEN, 0000 STEVEN B. * CERSOVSKY, 0000 loss of SSG Justin Vasquez, but we also NILDA E. URRUTIAESTRANY, 0000 YONG K. * CHA, 0000 MICHAEL L. WAGGETT, 0000 JAMES R. * CHATHAM, JR., 0000 celebrate everything that he stood for. CATHERINE O. WATTS, 0000 RAYMOND I. * CHO, 0000 He served his Nation with honor and SUSAN L. WEHRLE, 0000 ERIN L. CLARK, 0000 DONALD S. WENKE, 0000 GARY * COLLINS, 0000 distinction, and set an example to TOMMY R. WILLAFORD, 0000 ROSS E. * COLT, 0000 which we can all aspire. He will be ROBERT S. WILLIAMS, 0000 STEPHEN J. CONNER, 0000 WANDA A. WRIGHT, 0000 LANCE E. * CORDONI, 0000 missed by his family and friends and DAVID R. ZARTMAN, 0000 WILLIAM G. * COSTELLO, 0000 the men whom he led. Today, they are THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ERIC A. CRAWLEY, 0000 UNITED STATES OFFICERS FOR APPOINTMENT TO THE MARK A. * CRISWELL, 0000 all in our thoughts and prayers. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE MARK D. * CUMINGS, 0000 I thank the Chair and yield the floor. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: GEORGE R. * CUNNINGHAM, 0000 LOUIS A. DAINTY, 0000 f To be colonel JOHN G. DEVINE, 0000 WILLIAM C. * DIXON IV, 0000 GREGORY H. BLAKE, 0000 NHAN V. * DO, 0000 ADJOURNMENT UNTIL 2 P.M. JON C. BOWERSOX, 0000 MICHAEL D. DULLEA, 0000 JOHN S. CRAMER, 0000 MONDAY, JUNE 13, 2005 ANTHONY * ECLAVEA, 0000 WILLIAM W. DODSON, 0000 ROBERT J. * ENSLEY, 0000 ANDREW L. JUERGENS, 0000 The PRESIDING OFFICER. Under EDWARD M. FALTA, 0000 JOHN S. MCCULLOUGH, 0000 DAVID * FONTAINE, 0000 the previous order, the Senate stands JOHN MIRABELLO, 0000 ELIZABETH * FRANCO, 0000 JOSEPH M. PASCUZZO, 0000 adjourned until 2 p.m. on Monday, WILLIAM C. FREY, 0000 JOHN H. RUMMEL, 0000 HAROLD * FRISCH, 0000 June 13, 2005. JOHN E. TORRES, 0000 RONALD A. * GAGLIANO, JR., 0000 PAUL E. TURNQUIST, 0000 Thereupon, the Senate, at 6:27 p.m., DONALD A. * GAJEWSKI, 0000 adjourned until Monday, June 13, 2005, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE CHRISTOPHER * GALLAGHER, 0000 UNITED STATES OFFICER FOR APPOINTMENT TO THE ALAN P. * GEHRICH, 0000 at 2 p.m. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE SCOTT A. * GERING, 0000 f UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: DOMINADOR G. GOBALEZA, 0000 To be colonel ROBERT J. * GRAY, 0000 NOMINATIONS KENNETH A. GRIGGS, 0000 GARY D. DAVIS, 0000 RICHARD A. GULLICK, 0000 Executive nominations received by LEONARD L. HALL, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE RAYMOND J. * HARSHBARGER, 0000 the Senate June 9, 2005: UNITED STATES OFFICERS FOR APPOINTMENT TO THE CHRISTOS * HATZIGEORGIOU, 0000

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FRANKLIN H. * HAUGER, 0000 PETER J. * SKIDMORE, 0000 RONALD P. LEININGER, 0000 KEITH A. * HAVENSTRITE, 0000 BRYAN C. * SLEIGH, 0000 ROBERT J. MEYER, 0000 CHARLES G. * HENDERSON, 0000 KEVIN C. * SMITH, 0000 STEVEN F. MICHALKE, 0000 THOMAS S. HEROLD, 0000 LISA H. * SMITH, 0000 PETER L. MUELLER, 0000 MARK L. * HIGDON, 0000 JOSEPH C. * SNIEZEK, 0000 ROBERT L. POWERS, JR., 0000 EDMUND W. * HIGGINS, 0000 AARON L. STACK, 0000 KENNETH F. REVELL, 0000 SIDNEY R. * HINDS II, 0000 JOHN * STATLER, 0000 FRANK R. * SPENCER, 0000 JEFFREY K. * HUBERT, 0000 MARGARET M. * SWANBERG, 0000 MICHAEL E. STROHM, 0000 AVA * HUCHUN, 0000 ALBERT W. TAYLOR, 0000 DANIEL E. WACKERHAGEN, 0000 VICTORIA R. * HUGHES, 0000 KENNETH F. TAYLOR, JR., 0000 ROY T. WALKER, 0000 THEODORE * KIM, 0000 RICHARD J. * TEFF, 0000 ROBERT C. WARDEN, 0000 SANDRA G. * LAFON, 0000 BRIAN T. THEUNE, 0000 TERRY L. WHITESIDE, 0000 FREDERICK W. * LARSEN, 0000 JOHN E. * TIS, 0000 PAUL J. YACOVONE, 0000 MICHAEL T. LATZKA, 0000 BRIEN W. TONKINSON, 0000 GARTH W. LECHEMINANT, 0000 DAVID A. * TWILLIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEAN K. LEE, 0000 TRENT J. TWITERO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY KEITH T. * LONERGAN, 0000 SCOTT D. UITHOL, 0000 DENTAL CORPS AND FOR REGULAR APPOINTMENT (IDEN- BRUCE L. LOVINS, 0000 TODD J. VENTO, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- MATTHEW J. * MARTIN, 0000 SIDNEY L. * VINSON, 0000 TIONS 624, 531, AND 3064: PAUL T. MAYER, 0000 STEVEN A. * WAGERS, JR., 0000 SCOTT C. * MCCALL, 0000 GARY R. * WALLACE, 0000 To be lieutenant colonel ERIC D. * MCDONALD, 0000 DAVID T. * WARD, 0000 SCOTT W. * BURGAN, 0000 JEROME M. * MCDONALD, 0000 MICHAEL A. WEBER, 0000 RAFAEL * CARABALLO, 0000 ROBERT C. * MCKENZIE, JR., 0000 MARK J. * WEHRUM, 0000 YOUNG M. * CHO, 0000 SHARON P. MCKIERNAN, 0000 STEPHEN J. * WELKA, 0000 VENNIS D. * COSBY, 0000 JAMES A., * MCQUOWN, JR., 0000 DANIEL W. WHITE, 0000 GEORGIA G. * DELACRUZ, 0000 PATRICK C. * MELDER, 0000 JAY F. * WIGBOLDY, 0000 WILLIAM J. * DEMSAR, 0000 MARGRET E. * MERINO, 0000 RICHARD H. WILKINS, 0000 MICHAEL T. * EVANS, 0000 JOEL E. MEYER, 0000 HEATHER R. * WILLIAMS, 0000 DAVID C. * FLINT, 0000 BART J. * MEYERS, 0000 PATRICK WILLIAMS, 0000 DAN C. * FONG, 0000 MITCHELL S. * MEYERS, 0000 MICHAEL D. * WIRT II, 0000 GARY D. * GARDNER, 0000 MARTIN R. * MOON, 0000 MICHAEL M. * WOLL, 0000 MICHELLE T. * ICASIANO, 0000 RONALD V. * MORUZZI, 0000 PATRICK J. * WOODMAN, 0000 BRYAN P. KALISH, 0000 LAURA T. * MULREANY, 0000 MICHAEL P. WYNN, 0000 KIMBERLY W. * LINDSEY, 0000 TIMOTHY J. * MURPHY, 0000 CAROL R. * YOUNG, JR., 0000 MANUEL * MARIEN, 0000 SHAWN C. NESSEN, 0000 STANLEY M. * ZAGORSKI, 0000 CRAIG G. * PATTERSON, 0000 JAMES A. * OLIVERIO, 0000 DAVID C. ZENGER, 0000 JULIE A. * SMITH, 0000 KEITH J. * OREILLY, 0000 JOSEPH J. * ZUBAK, 0000 ERIC M. OSGARD, 0000 IN THE MARINE CORPS MICHAEL S. OSHIKI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EDMOND L. * PAQUETTE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT M. * PARIS, 0000 AS CHAPLAINS AND FOR REGULAR APPOINTMENT (IDEN- TO THE GRADE INDICATED IN THE UNITED STATES MA- REAGAN R. * PARR, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TIONS 624, 531, AND 3064: RAYFORD A. * PETROSKI, 0000 To be major BRIAN T. * PIERCE, 0000 To be lieutenant colonel BARRY R. POCKRANDT, 0000 ROBERT D. DUNSTON, 0000 CHRISTIAN POPA, 0000 TERRY W. AUSTIN, 0000 SHAUN A. * PRICE, 0000 SHERMAN W. BAKER, JR., 0000 MICHAEL W. QUINN, 0000 PETER A. BAKTIS, 0000 f WILLIAM J. * QUINN, 0000 DAVID R. BEAUCHAMP, 0000 KEVIN C. * REILLY, SR., 0000 KEN BELLINGER, 0000 THOMAS A. RENNIE, 0000 DEAN E. BONURA, 0000 CONFIRMATIONS DAVID E. RISTEDT, 0000 JEFFERY T. BRUNS, 0000 LUIS R. * RIVERO, 0000 NEAL J. * BUCKON, 0000 Executive nominations confirmed by MARK A. ROBINSON, 0000 BRUCE W. CHAPMAN, 0000 JOSEPH A. * RONSIVALLE, 0000 GARRY R. DALE, 0000 the Senate Thursday, June 9, 2005: STUART A. ROOP, 0000 DAVID G. EPPERSON, 0000 THE JUDICIARY STEPHEN D. * ROSE, 0000 DAVID J. GIAMMONA, 0000 MICHAEL G. * ROSSMAN, 0000 MATTHEW M. GOFF, 0000 WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED EARLE G. SANFORD, 0000 GARY HENSLEY, 0000 STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. GARRY H. * SCHWARTZ, 0000 JEFFREY D. HOUSTON, 0000 RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED PAUL T. * SCOTT, 0000 KEITH A. JACKSON, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. DANIEL S. * SENFT, 0000 LEON G. KIRCHER, 0000 DAVID W. MCKEAGUE, OF MICHIGAN, TO BE UNITED JAMES J. * SHEEHAN, JR., 0000 ALLEN L. KOVACH, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

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CONGRATULATING WCMT–AM ON mid 1990s Nicolas opened his second used HONORING THE NATIONAL ORGA- ITS 2005 CRYSTAL AWARD car sales establishment, Crystal Motors Inc., NIZATION OF ITALIAN AMERICAN named after his niece. WOMEN AS THEY CELEBRATE THEIR 25TH ANNIVERSARY HON. JOHN S. TANNER Mr. Abreu also leads by example in his spir- OF TENNESSEE itual life. He is an extra ordinary minister at St. HON. ROSA L. DeLAURO IN THE HOUSE OF REPRESENTATIVES Michael’s Roman Catholic Church, where he OF CONNECTICUT Thursday, June 9, 2005 and his family worship. He is the founding IN THE HOUSE OF REPRESENTATIVES member of the EMAUS (a men’s group in the Mr. TANNER. Mr. Speaker, I hope you will Thursday, June 9, 2005 join me today in honoring WCMT–AM, in Mar- church whose role is to get men involved in tin, TN, for being named a 2005 Crystal Award activities in the church). Ms. DELAURO. Mr. Speaker, it is with great Winner by the National Association of Broad- pride that I rise today to join all of those who He owes his success to his parents for their casters. As you know, this very prestigious have gathered in congratulating the National award recognizes those radio stations that vision and dedication to their children; if it Organization of Italian American Women as provide outstanding public service to their were not for his parent’s foresight he would they celebrate their 25th Anniversary. This is communities, and we are proud that WCMT is not be where he is today. Mr. Speaker, Nico- a very special milestone for this outstanding receiving this honor. las Abreu recognizes the importance of family, organization. WCMT is a treasure for West Tennessee hard work, respect for the community and Twenty-five years ago, a small group of because of its focus on those who live in courage makes him more than worthy of our Italian American women gathered in the Upper West Side apartment of Aileen Riotto Sirey. Weakley County and the surrounding areas. recognition today. The station’s news programming has long That meeting and their desire to assist other Italian American women and develop a nation- been an excellent source of information for f West Tennesseans, and its community out- wide network of women sharing a common reach efforts have been invaluable to many of IN HONOR OF MR. JOHN HANSON ancestry sparked the formation of the National our fellow residents. It is locally owned and Organization of Italian American Women. operated by Thunderbolt Broadcasting, whose Through their commitment to this effort, president and general manager, Paul Tinkle, is HON. SAM FARR NOIAW members have developed a very suc- a long-time friend of mine and a true leader in cessful scholarship and mentoring program OF CALIFORNIA Weakley County. and also offer a variety of educational and so- WCMT–AM is a past recipient of the IN THE HOUSE OF REPRESENTATIVES cial programs. Today, NOIAW has a strong Weakley County Chamber of Commerce’s membership and is well-known as a resource Business of the Year Award and a four-time fi- Thursday, June 9, 2005 for other Italian American women pursuing their own educational and professional aspira- nalist for the NAB Crystal Award, with which it Mr. FARR. Mr. Speaker, I rise today to is now being honored. Mr. Speaker, please tions. honor an invaluable member of my commu- join me in recognizing the decades of dedi- Throughout our nation’s history, Italian cated broadcasting excellence and community nity, Mr. John Hanson. Mr. Hanson is a Build- Americans have played a pivotal role in the service that have helped WCMT earn this ing Maintenance Specialist from the city of success and progress of America. The myriad celebrated honor. Carmel-by-the-Sea, and has recently com- of invaluable contributions that those of Italian ancestry have made to this Nation are im- f pleted a tour of duty in Iraq with the Army Na- tional Guard. Sergeant First Class Hanson’s measurable. Musicians, artists, doctors. law- A TRIBUTE TO NICOLAS ABREU unit was called up in late 2003 and he served yers, politicians, teachers, activists, and more—the credits of Italian Americans can be in Iraq for 16 consecutive months. HON. EDOLPHUS TOWNS found in professional and civic services across Mr. Hanson has been with the city of Car- OF NEW YORK America. As an annual celebration of pride in mel-by-the-Sea since 1988 and was well sup- IN THE HOUSE OF REPRESENTATIVES their ethnic heritage, NOIAW recognizes the ported by his wife, Annette, his two children, achievements of today’s outstanding Italian Thursday, June 9, 2005 and his community. Mr. Hanson has not only Americans. Mr. TOWNS. Mr. Speaker, I rise to acknowl- served his country with honor, but has met As they mark their 25th Anniversary, edge Nicolas Abreu. some of the humanitarian needs of the Iraqis NOIAW will also honor three inspiring individ- Nicolas Abreu was born on the beautiful is- that he has come in contact with. While he uals who have each distinguished themselves land of the Dominican Republic to Hobo and in their respective careers. Lisa Caputo Nowak was in Iraq, John supported, with the assist- Nicolasa Abreu. On February 19, 1979, the is an astronaut and Commander in the U.S. ance of his family at home, an Iraqi school entire family migrated to New York in order to Navy and will become the first Italian Amer- pursue a better life. with shipments of items like flip-flops, tank ican woman in space with the launch of STS– His first job, as a waiter in a local res- tops, and school supplies. For having endured 21 to the International Space Station in the taurant, lasted for 9 years. Remembering the an extended time away from his family and near future. Patricia de Stacy Harrison is the vision of his parents led him to resign from his friends, the city of Carmel-by-the-Sea has current Assistant Secretary, Bureau of Edu- restaurant job and go to work at the family run awarded him a key to the city. cational and Cultural Affairs. Prior to her ap- Auto Dealer establishment. Through his enormous sense of decency, pointment, she founded and managed a top On November 14, 1981, Nicolas Abreu mar- public relations firm and has also served as fairness, generosity, and commitment to his ried Luz at St. Michael’s Roman Catholic the co-chair of the Republican National Com- Church. Together, they are the proud parents country, Mr. John Hanson has been an asset mittee. NOIAW’s Special Recognition Award of three children. to everyone that he has touched. Mr. Speaker, will be presented to Antonio Giordano, M.D., Continuing the family legacy, in 1991, Mr. it is truly an honor to recognize Sergeant First Ph.D., director of the Sbarro Institute for Can- Abreu opened his own auto sales business in Class John Hanson. cer Research and Molecular Medicine. Dr. Brooklyn, naming it ‘‘Diana Auto Sales’’ after Giordano is internationally renowned for his his daughter. Business was good and by the research in cell cycle, gene therapy, and the

● 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 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12173 genetics of cancer. The accomplishments of HONORING CITRUS COUNTY SHER- Presley, Frank Sinatra and Rosemary these individuals and their outstanding con- IFFS OFFICE, CITRUS COUNTY, Clooney. Thurl also provided voiceovers for tributions to our Nation will certainly stand as FL the Grinch in Dr. Seuss’ ‘‘How the Grinch an inspiration for generations to come. Stole Christmas,’’ ‘‘The Cat in the Hat,’’ in In sharing and celebrating our ethnic herit- HON. GINNY BROWN-WAITE ‘‘Horton Hears a Who,’’ and ‘‘The Lorax.’’ With his contributions to Kellogg and Dr. age, NOIAW has built a strong network of OF FLORIDA Seuss novels, the world of Walt Disney women and supporters who are ensuring that IN THE HOUSE OF REPRESENTATIVES wouldn’t be the same without Thurl’s voice. future generations can achieve their dreams. Thursday, June 9, 2005 His vocal works played important roles in the Their mission to support, mentor, and encour- themes of ‘‘The Mickey Mouse Club,’’ ‘‘Davy age the professional and personal success of Ms. GINNY BROWN-WAITE of Florida. Mr. Crockett,’’ and ‘‘Zorro,’’ while contributing to other Italian American women is making a real Speaker, I rise today to honor the Sheriffs Of- fice in Citrus County, FL. the making of ‘‘Cinderella,’’ ‘‘Dumbo,’’ and difference in the lives of thousands of women Local Sheriffs offices are the first respond- ‘‘Lady and the Tramp.’’ Thurl’s voice was also throughout the country. It is with great pride ers to crimes and disasters and are a key ele- used in both song and narration for two of that I stand today and extend my sincere con- ment of support in our communities. It is im- Walt Disney’s most popular theme rides, ‘‘Pi- gratulations to the National Organization of portant that we recognize the hard work and rates of the Caribbean’’ and ‘‘The Haunted Italian American Women on their 25th Anni- dedication of these men and women, and Mansion.’’ versary. In just a short time they have already never take their service for granted. While most of his career was spent enter- touched the lives of so many, and I send my These deputies make daily sacrifices and taining both the young and old, Thurl coura- very best wishes to the board and its member- put themselves at risk keeping our commu- geously served in the U.S. Military for 5 years. ship for many more years of success! nities safe. This office has shown professional In 1942, he enlisted in the Air Transport Com- excellence this past year and their work has mand, where he flew numerous special mis- f truly made our county a safer place. sions over the North Atlantic as an expert nav- Events like the one today hosted by the Cit- igator. In addition to his work outside the en- IN HONOR AND RECOGNITION OF rus County Chamber of Commerce provide tertainment business, Thurl devoted time to SHERIFF GERALD T. MCFAUL the camaraderie and support these dedicated activities in the Christian field that included re- men and women deserve. This Appreciation cording the Book of Psalms for the visually im- Barbeque allows for the employees of the paired. HON. DENNIS J. KUCINICH Sheriff’s Department to come together after a All of us in Southern Michigan are deeply OF OHIO very difficult and heart wrenching year. The saddened with the passing of Thurl generosity of the community as a whole has Ravenscroft and appreciate all of his service IN THE HOUSE OF REPRESENTATIVES made this event possible and I thank them for as an entertainer, soldier, and Christian. We Thursday, June 9, 2005 it. will forever be able to enjoy his wonderful Unfortunately, I was unable to join them works whether we are watching great Kellogg Mr. KUCINICH. Mr. Speaker, I rise today in today at Liberty Park in Inverness, FL. I was commercials, a Disney movie, or attending an tribute of Sheriff Gerald T. McFaul for the ex- unavoidably detained by Congressional votes amusement park. emplary service he has shown to our commu- here in Washington, DC, and could not return Southern Michigan will not be the same nity during his 38 years in public office. As the in time for the event. I look forward to joining without Thurl Ravenscroft. He was longest serving sheriff in Cuyahoga County them in the future when I am home in Citrus GRRRRREEEEAT! history, Gerald has been a vital asset to our County. f community. The Mission of the Citrus County Sheriff’s Office is to maintain peace and order by pro- THE PLIGHT OF THE AFRO- In 1957, only 2 weeks out of high school, COLOMBIANS Gerald started an apprenticeship at the Pipe- viding law enforcement services that are of the fitters Local 120 and has been a proud mem- highest professional quality. I would argue ber for 53 years. At the same time he ran for they have far surpassed this mission. When HON. BOBBY L. RUSH Cleveland City council—and lost. But Gerald tragedy strikes our community, I know we can OF ILLINOIS was committed to helping his community and rely on these truly dedicated public servants. IN THE HOUSE OF REPRESENTATIVES on his third try won a seat, which he kept for Mr. Speaker, I once again would like to ex- Thursday, June 9, 2005 five consecutive terms. press my true appreciation for everyone in the Sheriffs Office and all they do for our commu- Mr. RUSH. Mr. Speaker, I rise today to At 31, he became the youngest Majority nities. bring light to the continuing neglect of Afro-De- Leader in Cleveland City Council history. I too f scendent people in Colombia. This past May at age 31 was elected to a public office in 21, 2005, Colombia marked the 154th anniver- Cleveland, when I was voted the youngest TRIBUTE TO THURL ARTHUR sary of the abolition of slavery. Yet, African mayor ever of a major American city. So I can RAVENSCROFT descendant minorities, who comprises 26 per- tell you personally that this speaks volumes to cent of the population, continues to be mis- his character. HON. FRED UPTON treated, marginalized socially and economi- Because Gerald is interested in justice OF MICHIGAN cally, and are pushed to the fringes of society. issues and having a desire to stop racist prac- IN THE HOUSE OF REPRESENTATIVES Afro-Colombians are displaced from their ancestral lands which is one of the most bio- tices in the police department he decided to Thursday, June 9, 2005 run for sheriff. He was elected in 1976 and diverse regions in the world, so that extra-judi- has been in office for more than 28 years. Mr. UPTON. Mr. Speaker, my colleague Mr. cial groups such as the FARC, ELN and AUC SCHWARZ of Michigan and I rise today to are able to grow crops for drug trafficking. Sheriff McFaul is a pillar of our community honor the life of Thurl Arthur Ravenscroft, the This population is, by far, the most repressed and has worked to keep the streets of Cuya- voice of Tony the Tiger, the orange-and-black- group in Colombia. They have the lowest na- hoga County safe with the utmost respect for striped spokesman for Kellogg’s Frosted tional per capita income, the highest rates of the rule of law and the people of this fine Flakes. We would like to express our heartfelt illiteracy, high indices of infant mortality, and county. condolences as all of us in Southern Michigan startling rates of preventable diseases. Mr. Speaker, I am truly pleased that the lost a friend and neighbor on May 22, 2005. Though the Colombian government is start- people of Cuyahoga County turned to Gerald Thurl had a long, distinguished career, most ing to make strides in breaking down the T. McFaul, to serve as sheriff for more than 28 notably as the voice of Tony the Tiger for over power of guerrilla and paramilitary groups, it years. Please join me today in honor and rec- 53 years. However, his contributions to the en- has not done enough to protect Afro-Colom- ognition of a person who has willingly assisted tertainment industry didn’t stop there. While a bian territories. Historically, Afro-Colombian the residents of Cuyahoga County for nearly celebrity in his own right, he sang backup with territories such as Choco´ are of great strategic four decades. other celebrities such as Bing Crosby, Elvis importance to securing the United States.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12174 EXTENSIONS OF REMARKS June 9, 2005 Choco´ is in essence at the crossroads be- Westcott of Oak Ridge, TN, for his continued and seminars. He has earned a reputation tween Central America and South America. It dedication and service to the community. among Reed students as the faculty’s best also has access to the Pacific Ocean and the Ed Westcott’s career has been a long and storyteller, with an anecdote to illustrate every Caribbean Sea making Choco´ a very attractive illustrious one. He served a unique role in cap- new principle introduced in class. launching pad for Colombia’s extra-judicial ac- turing the history of Oak Ridge. In 1941, Ed In his three decades at Reed, Professor tors. went to work for the United States Army Corps Kapsch was a mentor, a confidant, and a These illegally armed actors should not and of Engineers as their chief photographer for friend to countless students and he will cer- must not be exempt from prosecution for the the famed Manhattan Project. He served the tainly be missed. But his retirement marks the human rights violations carried out under their City with two distinct roles, officially docu- start of a fresh chapter in his life, as he will leadership. The oppression of the Afro-Colom- menting the historic creation and operation of spend more time brewing homemade beer, re- bian population by these military groups must the ‘‘Secret City’’ and unofficially documenting laxing at the Oregon coast, restoring his 1952 cease and desist. It is the responsibility of the the daily life and events of the community of Ford Pickup, and enjoying the company of his Colombian government to secure its commu- Oak Ridge as a photojournalist for the Oak loving wife Shirley, his children and grand- nities by eliminating such groups who have Ridge Journal. children. murdered, raped, and displaced the Afro-Co- Throughout Mr. Westcott’s career, he has f lombian people. captured numerous historic events and many We must do more in humanitarian assist- notable personalities on film, including seven IN HONOR OF THE HOUSING AU- ance to provide better aid to those Afro-Co- presidents. His most important work, however, THORITY OF PLAINFIELD’S 30TH lombians who have been displaced. Groups was capturing the unique history and heritage ANNIVERSARY OF RICHMOND such as the Social Solidarity Network, Afro- of Oak Ridge. The early people of this town TOWERS Latino Development Alliance, the Black May- ors Federation, and AFRODES, in collabora- who dedicated their services to the greater tion with local NGOs, are laying the foundation cause of our country will never be forgotten HON. FRANK PALLONE, JR. for advancements in healthcare, education, thanks to the talents and contributions of Ed OF NEW JERSEY sustainable development, community kitchens, Westcott. IN THE HOUSE OF REPRESENTATIVES He has truly distinguished himself through housing and other programs to address the Thursday, June 9, 2005 needs of the displaced. Additionally, organiza- his commitment and service to the community. Mr. PALLONE. Mr. Speaker, it is with great tions such as USAID, Pan American Develop- f pleasure that I rise to recognize the longevity ment Foundation, and the Colombian National RECOGNIZING PROFESSOR STEFAN Police are now finally planning to hire Afro-Co- of the Richmond Towers in Plainfield, NJ. KAPSCH’S RETIREMENT FROM This September, the Housing Authority of lombians for technical and professional posi- REED COLLEGE tions that will be beneficial to the Afro-Colom- Plainfield will celebrate the 30th Anniversary of bian community. the Richmond Towers, a 225 unit senior cit- It is imperative that, more coordination by HON. DARLENE HOOLEY izen complex developed to serve seniors with- the Colombian government, our State Depart- OF OREGON in the Plainfield area. This building is a testa- ment and the philanthropic communities de- IN THE HOUSE OF REPRESENTATIVES ment to the successes of the U.S. Department of Housing and Urban Development, which velop mechanisms to address this critical Thursday, June 9, 2005 issue. President Uribe´ of Colombia agreed to funded this project that helped to house thou- the creation of a Cabinet level appointee to Ms. HOOLEY. Mr. Speaker, this month, Ste- sands of residents in the Plainfield community. address the crisis facing Afro-Colombians and fan Kapsch will retire as a professor of political Today I feel fortunate to stand here and an- we are waiting for this to happen. This person science at Reed College. Professor Kapsch nounce that two agencies, one at the Federal will provide coordination amongst the Colom- came to Reed from the University of Pennsyl- level and one at the State, have not only fol- bian government, the State Department, vania in 1974. For 30 years, he has inspired lowed through with their goals, but exceeded NGOs and other groups to address the plight Reed students with his passion for American them. The Housing Authority has been invalu- of the Afro-Colombian communities. This will politics, empirical methodology, and constitu- able to the senior citizens of Plainfield and I afford Afro-Colombians a voice in public policy tional law. am confident that it will continue to be for the that will ultimately have an impact on their Professor Kapsch’s career is distinguished next 30 years as well. communities. by an impressive record of civic engagement. f The role of the United States must be, as it For him, public policy analysis is not just an has in the past, multi-faceted. We must work abstract subject for classroom discussion; it is REGARDING FORECLOSURES closely with the Colombian government, our a very real and ongoing pursuit. Professor AMONG MINORITIES State Department and USAID to fight this cri- Kapsch has been research director of the Or- sis on all fronts. We must help to put an end egon Commission on the Judicial Branch, ex- HON. DANNY K. DAVIS to the oppression that the Afro-Colombian ecutive director of the Oregon Prison Over- OF ILLINOIS people have endured over the past 154 years crowding Project and research partner in the IN THE HOUSE OF REPRESENTATIVES since the abolishment of slavery. SACSI Initiative of the National Institute of Mr. Speaker, we must contribute more Justice, a project on youth gun violence in Thursday, June 9, 2005 money in the area of sustainable development Portland. By his example, Professor Kapsch Mr. DAVIS of Illinois. Mr. Speaker, home- and rely less on military aid to solve Colom- has taught generations of students that inde- ownership can be the passage to the Amer- bia’s problems. We cannot continue to allow pendent academic analysis is a necessary ican dream. It can help offer wealth and even the egregious human rights violations within component of good policymaking. tax credit to American citizens. Nonetheless the Afro-Colombian community to continue. Professor Kapsch has taken a special inter- homeownership can also bring great economic We must hold the Colombian government ac- est in the former Yugoslavia—and Slovenia in devastation. While we were back in our dis- countable on its human rights record and for particular—where he was a Fulbright Fellow to tricts, it was reported that there has been an its neglect of the Afro-Colombians. the Faculty of Sciences at the University of increasing epidemic of foreclosures, especially f Ljubljana in 1994–95. He has served as a among working-class neighborhoods. Even HONORING JAMES EDWARD voter registration supervisor for the Organiza- more, wide disparity between the rate of white WESTCOTT tion for Security and Cooperation in Europe, homeowners and members of ethnic minority which is charged with the conduct of elections groups continue to exist. These foreclosures in Bosnia-Herzegovina under the Dayton Ac- have fallen particularly hard on black and HON. ZACH WAMP cords. In 2002, Professor Kapsch was a Sen- Latino families. As citizens face low interest OF TENNESSEE ior Fulbright Scholar at the Amerika Institut of rates and the pressure to refinance, an esca- IN THE HOUSE OF REPRESENTATIVES Ludvig Maxmillians University in Munich. lating number of citizens have found them- Thursday, June 9, 2005 Professor Kapsch will be remembered for selves unable to take on their mortgage debt. Mr. WAMP. Mr. Speaker, I would like to his ability to bring even the most technical This past March, 47 states experienced a rise take this time to recognize Mr. James Edward subjects to life through classroom discussions in foreclosure rates, and today, more than

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12175 eight percent of homeowners spend at least Today, they have become the backbone of Today, Mr. Speaker, the House of Rep- half of their income on their mortgage. These our military engagement in hostile territories. resentatives takes a moment out of its day to numbers are appalling. The National Guard and Reserve forces are recognize National Military Families Week and A recent study in Chicago found that rising nearly half of the U.S. forces in Iraq at the mo- to honor the families and friends of our armed foreclosures fuel increases in crime rates. So, ment. Thirty-one of the 80 U.S. military deaths forces. I believe we should spend every mo- not only does this affect our economic struc- in Iraq last month were Reservists. ment working to acknowledge their contribu- ture, but our security in society. Homeowner- Many Reservists and National Guardsmen tions and to reward their noble contributions to ship, especially among minorities, should not had not made long-term plans for an engage- the security and welfare of our nation. lead to economic and social ruin. In my dis- ment such as this. At home, their spouses, f trict, just 37 percent of African-Americans own children, and families fret about their where- homes of their own. That’s below the average abouts, their safety, and when they will see A TRIBUTE TO ARTHUR ‘‘BUTCH’’ for the city as a whole and falls far short of the these brave men and women again. Their jobs NILES national homeownership rate of 68 percent. continue without them and, while their compa- Chicago should thrive off its bustling economic nies remain loyal to their service, the possi- HON. EDOLPHUS TOWNS and cultural prospects, not be brought down bility grows that they will eventually be phased OF NEW YORK because the citizens cannot afford to prosper. out or will fall behind in their careers. They un- IN THE HOUSE OF REPRESENTATIVES In fact, there have been measures taken to fortunately are placed in jeopardy in their civil- counteract this declining trend. Recently, the ian lives while at service to this nation. Thursday, June 9, 2005 Administration announced a goal to increase They are faced with the financial and emo- Mr. TOWNS. Mr. Speaker, I rise to acknowl- homeownership among minorities by 5.5 mil- tional obligations of remaining loving providers edge Arthur ‘‘Butch’’ Niles. Arthur H. Niles was lion households before the end of the decade for their families. I and a grateful nation appre- born and raised in Brooklyn’s Bedford through various programs such as American ciate their sacrifice and welcome their return Stuyvesant village, where just about the entire Dream Down-Payment Initiative. Nonetheless, with open arms. Their bravery and their expe- village raised him. ‘‘Butch’’ as family and the trends continue to move downward. Rising rience nonetheless often calls some of them friends lovingly know him, was born smack interest rates and discrimination continue to back into service to fulfill obligations to col- dab in the middle of 14 children, parented by hinder homeownership among minorities. Mi- leagues still on tour. I thank the men and Anton and Lillian Niles. He attended P.S. 44, norities, especially African Americans, have women of our National Guard and Reserves J.H.S. 35 and Boy’s High School. Since he experienced a significant disadvantage in for their dedicated service to their nation. It is was an outstanding athlete, his basketball terms of wealth creation. While sustaining the a true testament to their dedication and patri- skills helped him earn the Four Friends’ schol- cost of housing provides great difficulty, many otism to this country. arships to Virginia Union University in Rich- citizens cannot even find jobs before aspiring Second, I must recognize the dedicated and mond, Virginia where he captained the team to finance homeownership. Before the Admin- patriotic work of the 369th Corps Support Bat- his entire 4 years. Mr. Niles graduated from istration can help minorities increase home- talion, the ‘‘Harlem Hellfighters.’’ Like the men the Virginia Union University with Bachelors ownership, it must first give the citizens job and women in many of our districts, Harlem degree in Sociology as well as achieved life- opportunities substantial enough to afford Hellfighters have displayed an impressive time membership to the Alpha Phi Alpha Fra- housing. Homeownership is a measure of fi- record of service in their engagement in Iraq. ternity. nancial security, and without the means to ob- The unit has received 11 Bronze Stars, 2 Mili- After a brief stint in the Eastern Professional tain such security, the number of homeowners tary Service medals, and numerous Army Basketball League, playing for the Scranton will continue to drop. commendations. Miners, a minor league team of Boston Celt- Mobilized on December 5, 2003, the unit We cannot disregard the efforts of minorities ics, ‘‘Butch’’ return to Bedford Stuyvesant. has been to Kuwait and to southern Iraq near to succeed in obtaining the American dream. Along with a few of his brothers and the com- An Nasariyah and performed at least three Minorities deserve equal opportunity to home- munity friends, he organized the original leg- significant missions, including leading the op- ownership. Therefore, I urge my fellow col- endary ‘‘Soul in The Hole’’ Basketball tour- erations of twenty other units from March 2004 leagues to raise awareness against the devas- nament. This activity became a sports and cul- to January 2005. Over this time they delivered tation of foreclosure. tural extravaganza for youth and their families over 8 million gallons of fuel to U.S. and coali- f tion forces, fueled over 2,700 aircraft and over that occurs every summer and features Afri- RECOGNIZING THE EFFORTS OF 145,000 service vehicles, issued almost can Dancers, drummers, poetry readings and THE 369TH CORPS SUPPORT BAT- 25,000 cases of meals-ready-to eat (MREs), great ball games. TALION and logged over 2.5 million miles. Butch has always had a revolving respect In addition, the Harlem Hellfighters com- with the people of central Brooklyn, especially pleted numerous local projects including the the youth. He always felt that the power of the HON. CHARLES B. RANGEL people could be realized most effectively by OF NEW YORK adoption of an orphanage in An Nasariyah, fostering a mutually trusting relationship with IN THE HOUSE OF REPRESENTATIVES and the monitoring of a school reconstruction project. I am very proud of the work of the the youth. Thursday, June 9, 2005 369th. They put their hearts and mind into After meeting Lucille Rose in the early Mr. RANGEL. Mr. Speaker, I rise today to these tasks and are diligent and strong cham- 1970s, Arthur is credited for organizing the join in this tribute to the families and members pions of this country. Without their tireless ef- first Bedford Stuyvesant Central Youth Coun- of the Armed Forces during National Military fort, the capacity of our armed forces would cil, Inc. He met George Glee and Margo Butts Families Week. I know the people of the 15th have been limited in Iraq. at Vanguard Urban Improvement Association District of New York join me in thanking these While the arduous work of the brave men Inc., where he was employed as a Coordi- individuals for their sacrifice and service to this and women is quite impressive, I must also nator. Arthur worked with the young men and country. I am sure that this august body ap- recognize the sacrifices of the family members Margo worked with the young ladies and to- preciates the hard work and sacrifice of our of the 369th. While the Harlem Hellfighters gether they improved the lives of thousands of men and women in defending the interests of have been deployed for over 2 years in the young people, many of whom went on to be this nation. Middle East, their wives, parents, and children accountants, teachers, union leaders and I want to specifically extend my appreciation have been without them. These family mem- other professionals. Mr. Niles is in his 26th to two groups of servicemen and service- bers have had family reunions and backyard year with the agency, during his tenure he has women. First, I want to thank the Reservists barbeques, have taken their first steps and at- placed over 500 youth from Bedford and National Guardsmen whose lives have tended their first day of school, and have wor- Stuyvesant in primarily Historically Black Col- been disrupted by the call of service in Af- ried and cried about the location and service leges and Universities, developed a culinary ghanistan, Iraq, and the War on Terrorism. of their Hellfighter. They have endured and School and created the safe Passage for cen- Under the condition that they would serve suffered much while their patriotic family mem- tral Brooklyn teens. when needed by this country, these individuals ber was serving this great country. I owe He developed 21 units of affordable housing were trained and volunteered to take to arms these individuals my sincerest appreciation through the 1661 Macon Houses L.P and when the country was in danger. and thanks. manages another 105 units in Bedford

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12176 EXTENSIONS OF REMARKS June 9, 2005 Stuyvesant. Other developments include the world. I join the University in commending and appreciation to the Honorable Vincent J. SUNY Downstate Medical Satellite and Inter- Beth for her leadership in instructional com- Tonucci. He has left an indelible mark on this faith Medical Center. He is a member of Com- puting and international public service, and I community and a legacy that will serve as an munity Board #3 serving on the By-law’s, Land extend my sincere best wishes for her retire- inspiration for generations to come. Use and Economic Development committees. ment and future endeavors. He is also a member of Bedford Stuyvesant f f Economic and Physical Development task force. For his outstanding devotion to commu- HONORING VINCENT J. TONUCCI IN HONOR OF THE LIFE AND CA- nity service Butch has received numerous FOR HIS OUTSTANDING SERVICE REER OF ACTRESS ANNE BAN- awards over the years like the Community TO THE COMMUNITY CROFT Leadership Award from the Borough Presi- dent, the Continuous Service Award from HON. ROSA L. DeLAURO Omega Psi Phi, the Youth Development OF CONNECTICUT HON. DENNIS J. KUCINICH Award from the Mayor’s Office, and the Busi- IN THE HOUSE OF REPRESENTATIVES OF OHIO nessman of the year ’04 from the Republican Thursday, June 9, 2005 Congressional Committee. IN THE HOUSE OF REPRESENTATIVES Ms. DELAURO. Mr. Speaker, it is with great Arthur and his wife Margo have two grown Thursday, June 9, 2005 children. His hobbies include travel, collecting pleasure that I rise today to join the many jazz, playing golf and tennis and of course family, friends, and community members who Mr. KUCINICH. Mr. Speaker, I rise today in watching basketball. Mr. Speaker, Arthur have gathered to pay tribute to an outstanding honor and recognition of the distinguished life ‘‘Butch’’ Niles has continuously worked to- member of our community and a dear friend, and career of actress and friend Anne Ban- wards improving the lives of the youth of the the Honorable Vincent J. Tonucci. Retiring just croft. last year after 9 terms as the State Represent- community as well as his commitment and Anne’s legendary career spanned more than generosity in helping others has made him ative for Connecticut’s 104th District, Vinny has dedicated a lifetime of hard work and 50 years and included honors and awards for more than worthy of our recognition today. roles performed in film, television, and on the f dedication to the Naugatuck Valley. In his 18 years as a State Representative, stage. Most notable among these were her IN HONOR OF MS. BETH GUISLIN Vinny has a long and proud history of legisla- Oscar, Emmy, and Tony awards, an accom- tive accomplishments for his District and the plishment achieved by only a select few. HON. SAM FARR state of Connecticut. Sponsoring and intro- Born to a family of Italian immigrants on OF CALIFORNIA ducing legislation aimed at improving the qual- September 17, 1931, in the Bronx, NY, Anne IN THE HOUSE OF REPRESENTATIVES ity of life for children, defending the environ- quickly developed a love for performance. By ment, protecting health care for seniors, and the time she was 4 years old, Anne was al- Thursday, June 9, 2005 providing for local economic development, ready taking dance and acting lessons. When Mr. FARR. Mr. Speaker, I rise today to Vinny was dedicated to ensuring that a variety she was 9, she famously wrote on a fence be- honor Beth Guislin for her years of dedication of important issues were debated and ad- hind her childhood home, ‘‘I want to be an ac- as an employee of the University of California dressed. Throughout his nine terms in Con- tress.’’ Little could she have known then what and for her contribution to the world commu- necticut’s General Assembly, Vinny developed a splendid acting career lie in front of her. nity. a distinguished reputation as a public official— After studying at the American Academy of Beth began her career with the University in accessible to his constituents and fighting for Dramatic Arts in New York, she moved to Hol- 1976 at the Los Angeles campus. After leav- their best interests. His career has been a re- lywood in 1950 to pursue her dream. Her first ing UCLA, she continued her work at the flection of all that an elected representative film, ‘‘Don’t Bother to Knock’’ in 1952 starred Santa Cruz campus of the University of Cali- should be. Marilyn Monroe and Richard Widmark. It was fornia system. As UCSC’s Director of Instruc- Vinny’s remarkable commitment to commu- her role in 1962’s ‘‘The Miracle Worker,’’ how- tional Computing, she built a campus institu- nity and public service extends well beyond ever, that really launched Anne on the path to tion respected by both faculty and students his time in the General Assembly. Prior to his becoming an acting legend. She famously por- that enhanced the campus’ reputation for un- election to Connecticut’s House of Represent- trayed Annie Sullivan, Helen Keller’s dedicated dergraduate education by providing a space atives, he served on the Board of Alderman in and truly determined teacher. For her effort, for students to publish their work and gain the city of Derby as well as a member of the she was rewarded with the Academy Award needed employment skills. Naugatuck Valley Capitol Planning Committee. for Best Actress. 1967’s ‘‘The Graduate’’ is the Beth has also shared her expertise with Among the many local service organizations film that sealed Anne Bancroft’s place in people around the world through her love for which benefit from his good work, Vinny is a American popular culture. Co-starring with travel. She served as a mental health coun- member of the Webster Hose Fire Depart- Dustin Hoffman, she became the very embodi- selor for Americans living in Bangkok during ment, St. Michael’s Society of Ansonia, Derby ment of the character of Mrs. Robinson. Mike the Vietnam War, was a field assistant for the Elk’s Lodge, and the Valley Association of Re- Nichols, the film’s director, recently remarked Smithsonian-sponsored Arun Valley Wildlife altors. He also serves on the consulting com- that Anne’s ‘‘beauty was constantly shifting Expedition in Nepal and contributed to the bet- mittee at Emmett O’Brien Regional Vocational with her roles, and because she was a con- terment of public health in Thailand. Beth is School, the board of directors of the Lower summate actress, she changed radically for also fluent in Thai, and as a Peace Corp vol- Naugatuck Valley Boys & Girls Club, the Bir- every part.’’ Additionally, Arthur Penn, who di- unteer, she acted as a liaison between the mingham Group of Ansonia, and the Valley rected her in both the stage and film versions Thai Ministries of Health, Agriculture, and Edu- United Way. Vinny is a tireless advocate—al- of ‘‘The Miracle Worker,’’ said that she was an cation in the area of nutrition and was involved ways ready to lend a helping hand and a pow- actress who ‘‘can play anything.’’ I can think of in the establishment of markets for locally pro- erful voice on behalf of the businesses, orga- no higher complement that can be said of an duced foods in some of Thailand’s rural areas. nizations, residents, and families of the actor. Beth is also an expert sailor with 19 years Naugatuck Valley. of experience as a member of a Los Angeles Through his good work as an elected official Anne’s death is truly a loss to American cul- crew for international cruises and races. One and community volunteer, his warmth, com- ture. Fortunately, her wonderfully-talented per- of the highlights of her sailing experience in- passion, and generosity made a difference not formances will live on for future generations to cludes sailing from California to Tahiti. only in the communities that he represented, watch and enjoy. Mr. Speaker I wish to honor Beth Guislin, but for families across Connecticut. For his Mr. Speaker and Colleagues, please join me upon her retirement from the University of many years of outstanding public service, I am in remembrance of Anne Bancroft whose life California, for her compassion and dedication proud to stand today to join his wife, Cindy, and legacy has been a source of enjoyment to education. Her actions serve as an example daughters, Cara and Christa, family, friends, for so many. My thoughts and prayers are with of how to live life to the fullest, while selflessly constituents, and the communities of Derby Anne’s beloved husband, director Mel Brooks, giving back to those in need here and around and Ansonia in extending my sincere thanks and son, Maximillian.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12177 HONORING MARY ANN KECKLER, Although we’ve made vast improvements in against the woman’s vagina and rectum, cre- HERNANDO COUNTY, FL treating premature infants, we’ve had little suc- ating a formidable hole in vital tissue areas cess in understanding and preventing pre- around the pelvis, resulting in loss of control of HON. GINNY BROWN-WAITE mature birth, and the knowledge that we have the bladder, bowels and nerve damage to the OF FLORIDA gained has not been translated into improved mother’s legs. The prolonged labor almost al- IN THE HOUSE OF REPRESENTATIVES perinatal outcomes. The three known risk fac- ways results in a high rate of infant mortality. Beyond the significant health related risks Thursday, June 9, 2005 tors for preterm labor most consistently identi- fied by experts are multiple fetal pregnancies, that I have just outlined concerning this condi- Ms. GINNY BROWN-WAITE of Florida. Mr. a past history of preterm delivery, and some tion, there are also some societal factors that Speaker, I rise today to praise a hard-working uterine and/or cervical abnormalities. Other further debilitate these women. Many women woman, Mrs. Mary Ann Keckler, who is dedi- possible risk factors are chronic health condi- with fistula are abandoned by their husbands cated to supporting local veterans. Hernando tions such as high blood pressure, diabetes, and families because of the resultant odor and County is fortunate to have Mrs. Keckler in our and obesity in the mother, certain infections infertility. In effect, they become social out- community. during pregnancy, and cigarette smoking, al- casts because of the stigma associated with Mrs. Keckler served in the United States cohol use, or illicit drug use during pregnancy. the disease, through no fault of their own. Navy from 1959–1962. She currently heads But as the science stands now, nearly 50 per- As I stated before, approximately, two mil- Hernando County’s Veteran Affairs Round- cent of all premature births have no known lion women suffer from this condition. How- table and is commander of the local Disabled cause. ever, studies conducted by the United Nations American Veterans. That is why today, my colleague Rep. ANNA Population Fund (UNFPA) and Mrs. Keckler has joined forces with ESHOO and I are introducing the bipartisan EngenderHealth reveal that these figures are Hillsborough County veterans advocates to Prematurity Research Expansion and Edu- grossly underestimated. For example, in Nige- raise money for Operation Haley House, the cation for Mothers who deliver Infants Early or ria alone, close to one million women suffer local version of the Fisher House. Donations PREEMIE Act. The Preemie Act calls on the from the disease although these figures are to Operation Haley House will provide the National Institutes of Health (NIH) and the based solely on patients who seek and report families of injured American soldiers a place to Centers for Disease Control and Prevention treatment in medical facilities only. This sta- stay when visiting loved ones undergoing (CDC) to ‘‘expand, intensify, and coordinate’’ tistic clearly disregards the many cases that long-term rehabilitation. Many area families research related to prematurity. It formally au- go unreported and untreated in the region. A key factor concerning this issue is that fis- are faced with the high costs of expensive thorizes the Maternal Fetal Medicine Unit Net- tula is a preventable and curable disease. One room and board when visiting relatives at the work—which includes university-based clinical form of prevention is a Caesarean section, James A. Haley VA Medical Center in Tampa. centers and a data coordination center— which costs a mere 60 U.S. dollars. Surgery to Plans are currently under way to begin build- through which perinatal studies to improve ing what will be known as the Haley House to repair fistula has an uncharacteristically high maternal and fetal outcomes are conducted. It success rate of 90 percent even after a elevate this costly burden on military families. also authorizes the Neonatal Research Net- Mary Ann’s efforts to improve the lives of in- woman has had the condition for several work to improve the care and outcomes of jured American soldiers and their families de- years. Most women are either unaware that newborns. The bill will ensure better coordina- serves to be recognized. treatment is available or simply cannot afford Mr. Speaker, it is my privilege to represent tion on prematurity research priorities across it. Surely this cost is worth the value as suc- Mary Ann Keckler, and to honor her for work- federal agencies and also includes provisions cess rates have proven to be extremely high. ing with our local veterans. for disseminating information on prematurity to Funding to treat this curable condition has health professionals and the public and for es- f been rescinded by the current Administration. tablishing family support programs to respond The $34 million in funds for the UNFPA that PREMATURE BIRTH: A SILENT, to the needs of families with babies in neo- could save the lives of women and children GROWING HEALTH CRISIS natal intensive care units. around the world have been withheld causing I encourage my colleagues to join Rep. more women and. children to suffer. HON. FRED UPTON ESHOO and me in cosponsoring and strongly We are here today to introduce the ‘‘Repair- OF MICHIGAN supporting the enactment of the PREEMIE ing Young Women’s Lives Around the World IN THE HOUSE OF REPRESENTATIVES Act. Act,’’ which would provide that the voluntary Thursday, June 9, 2005 f U.S. contribution of $34 million to UNFPA for the fiscal year of 2006 and subsequent years, REPAIRING YOUNG WOMEN’S Mr. UPTON. Mr. Speaker, prematurity is a will be directed to UNFPA to be used only for LIVES AROUND THE WORLD—OB- serious and growing problem in the United prevention, treatment and repair of obstetric STETRIC FISTULA States. It is the number one cause of infant fistula. The UNFPA serves as a vital institution death in the first month of life. In February for providing crucial family planning and health 2004, the National Center for Health Statistics HON. BOBBY L. RUSH services to women in developing countries. reported the first increase in the U.S. infant OF ILLINOIS In closing, I would like to briefly remind you mortality rate since 1958. IN THE HOUSE OF REPRESENTATIVES of some key points that summarize the sever- Prematurity has enormous human, societal, Thursday, June 9, 2005 ity of the issue. and economic costs. Sadly, premature infants Treatment to correct the condition has a 90- are 14 times more likely to die in their first Mr. RUSH. Mr. Speaker, I rise to thank the percent success rate. year of life, and premature births account for distinguished Member from New York, CARO- For every child who dies from pregnancy nearly 24 percent of deaths in the first month LYN MALONEY, with whom I have had the complications, 15 to 30 women live and suffer of life. The estimated charges for hospital pleasure of working along side ever since we chronic disabilities, the most acute of which is stays for premature and low-birth weight in- were first elected at the end of the 102nd obstetric fistula. fants were $15,000,000,000 in 2002, and the Congress. She has always been a true cham- It is estimated that there are 100,000 new average lifetime medical costs for a premature pion for women’s rights and human rights, and fistula cases each year, but the international baby are conservatively estimated at I thank her for bringing this important issue to capacity to treat fistula remains at only 6,500 $500,000. About 25 percent of the youngest the awareness of the Congress. per year and smallest babies live with long-term health You may or may not know that the World I fully support this issue because it brings problems, including cerebral palsy, blindness, Health Organization estimates that at least two attention to one of the failed maternal health chronic respiratory problems, and other chron- million women and girls around the world cur- systems around the world. Fistula is virtually ic conditions. A study published in 2002 by the rently suffer from obstetric fistula, with an ad- unknown in places where early pregnancy is Journal of the American Medical Association ditional 50,000 to 100,000 cases happening discouraged, women are educated, family found that children born prematurely are at each year. Obstetric fistula, a debilitating preg- planning is accessible and skilled medical care greater risk for lower cognitive test scores and nancy related condition mainly affects girls is available. I feel that eradication of this prob- behavioral problems when compared to full- ages 15–19. The condition occurs during lem in developing countries is a goal that the term children. childbirth when the infant’s head presses U.S. should work to make a reality.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12178 EXTENSIONS OF REMARKS June 9, 2005 CELEBRATING THE LIFE OF RECOGNIZING GRANT COMMUNITY pletely equipped kitchen for a local firehouse, RICHARD ‘‘DICK’’ SMYSER MIDDLE SCHOOL STUDENTS, RE- answered fire calls, and served coffee and CIPIENTS OF A 2004 PRESI- sandwiches at lengthy fires, as well as many DENTIAL ENVIRONMENTAL other unnamed services that have invaluably HON. ZACH WAMP YOUTH AWARD aided the fire company. OF TENNESSEE The importance of firemen cannot be over- IN THE HOUSE OF REPRESENTATIVES HON. DARLENE HOOLEY stated. We were reminded of that on Sep- tember 11, 2001. These brave men and Thursday, June 9, 2005 OF OREGON IN THE HOUSE OF REPRESENTATIVES women are irreplaceable, and the Ladies. Aux- Mr. WAMP. Mr. Speaker, I rise today to iliary of the Aberdeen Township Hose & Thursday, June 9, 2005 honor the life and legacy of a devoted and Chemical Co. No. 1 has supported them well-respected Tennessean, Mr. Richard Ms. HOOLEY. Mr. Speaker, I rise today to through the years. It is never easy to work in ‘‘Dick’’ Smyser. Dick passed away on March recognize a group of students from Grant a high risk and high stress job, yet the Auxil- 14th of this year at the age of 81. His deep Community Middle School in Salem, OR who iary has helped the men and women of the devotion to his community and to the well- were awarded a Presidential Environmental Fire Company maintain a high morale and being of everyone leaves a legacy carried on Youth Award. Since 1971, this award has rec- continue to protect the Aberdeen community. by the lives he touched. ognized young people from across the United These women have served the Aberdeen Mr. Smyser was born and raised in York, States who have demonstrated a commitment Fire Company admirably for 75 years, and the PA, before graduating in 1944 from Pennsyl- to the environment. Ladies Auxiliary stands ready to assist the Fire vania State College with a degree in jour- This group of thirty 6th grade students from Company and give it the same unbending nalism. His dream to pursue writing, however, Grant, whom I recently had the pleasure of support for the next 75 years. was put aside to answer a greater call. In meeting, has made a real impact in the effort 1943, he enlisted in the United States Army to restore habitat for an endangered animal, f and served with distinction overseas in Algeria the Fender’s Blue Butterfly. As the Willamette and Italy rising to the rank of corporal. Valley has been developed, the butterfly has REGARDING THE CEASEFIRE lost its natural prairie habitat, and the Kincaid Upon returning to Pennsylvania, Mr. Smyser WEEK lupine plant, a major staple of the butterfly’s continued on the path he had left and began diet, has nearly disappeared. The butterfly has reporting news for The Chester Times, now become so rare that at one point it was be- The Delaware County Times. In 1948, Dick HON. DANNY K. DAVIS lieved to be extinct. was named managing editor of The Oak OF ILLINOIS Ridger, the first and only newspaper in the After learning about the Fender’s Blue But- IN THE HOUSE OF REPRESENTATIVES small East Tennessee town of Oak Ridge. terfly, the class researched, created, and im- plemented a three-year program to help pre- Oak Ridge, TN, was created for the important Thursday, June 9, 2005 work on the World War II bomb, commonly re- serve this rare insect. The students worked ferred to as the Manhattan project. He was a with Marion County to convert Bonesteele Mr. DAVIS of Illinois. Mr. Speaker, I rise in pioneer and helped shape Oak Ridge into the Park into a native Willamette Valley prairie. strong support for the CeaseFire Chicago pro- town it is today. Two years after the students began the gram and to celebrate CeaseFire week. Some project, Kincaid lupine plants began to grow With a large number of scientists living and of our nation’s youth faces gangs, drugs, and and several of the endangered butterflies have gun violence daily. As we proceed through working in the area, Mr. Smyser became ac- been spotted in the area. tive in science writing circles, with a focus on CeaseFire week, from June 4–11, we ac- The students also sought to raise aware- knowledge community events such as peace nuclear science. For eighteen years he served ness among other young people about the im- on the Council for the Advancement of marches, memorial services, and other civic portance of natural prairie habitat by holding a gatherings held throughout Chicago. We must Science Writing’s board of directors. He was a Celebrating Prairie Festival. Over 600 elemen- member of numerous media and science keep in mind the sheer violence our children tary school students attended the festival, encounter, and the direction we must take to boards and a highly sought after speaker and which included a bilingual play in English and panelist. solve this increasing problem. Programs such Spanish that explained the threats facing the as CeaseFire help to steer at-risk children Under Mr. Smyser’s leadership, The Oak Fender’s blue butterflies. away from such pressures towards graduation Ridger grew substantially and won numerous I commend these students for their efforts. and college. Indeed, CeaseFire Chicago awards and accolades for its coverage of the Their hard work and dedication made a real sends outreach workers, clergy, and commu- transformation of Oak Ridge. His contribution difference that will help preserve this butterfly nity leaders into rough neighborhoods to men- not only to the development of journalism in for future generations. tor, respond to shootings, hand out fliers and East Tennessee but to the entire community is f encourage the students to stay off the streets. significant. Before his retirement he insured Today, 70 outreach workers volunteer their that generations of young writers could make IN HONOR OF THE 75TH ANNIVER- time to search for at-risk children in the Chi- an impact in the field of journalism, as he did, SARY OF THE LADIES AUXIL- cago area. And it works! In my district, where by passing on his vast knowledge as a visiting IARY OF THE TOWNSHIP HOSE CeaseFire is most active, violence has been professor at universities across the country. AND CHEMICAL CO. NO. 1 reduced by an average of 45 percent. Dick Smyser was not a personal friend of I believe by taking a more active stance on mine. After all, I am a politician, and he is a HON. FRANK PALLONE, JR. the issue of gangs and gun violence, we can journalist. So, we could not be ‘‘friends.’’ How- OF NEW JERSEY help protect the children of tomorrow. ever, I had many occasions to converse with IN THE HOUSE OF REPRESENTATIVES CeaseFire has even been acknowledged and him and enjoy his warmth and depth of per- supported from the First Lady Laura Bush on Thursday, June 9, 2005 spective on Oak Ridge and our mutual com- her current trip to Chicago. This program has mitments to this very special place. Mr. PALLONE. Mr. Speaker, I rise today to had a phenomenal impact on the children of Dick Smyser was simply a classic human honor and recognize the services of the La- Chicago, and the success would only be rep- being who was good to his family and friends. dies Auxiliary of the Aberdeen Township Hose licated in other cities. Therefore, I urge my fel- His departure from this earth left a large void, & Chemical Co. No. 1. low colleagues to support such programs as and we will always miss him but never forget This organization was formed on May 22, CeaseFire Chicago. With our continued ef- him. 1930 for the purpose of raising funds in order forts, we can continue to provide safe neigh- May his legacy endure in the many lives to purchase fire equipment. Over their 75 borhoods and successful opportunities for our that he touched and inspired. years of service, they have provided a com- children.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12179 THE 20TH ANNUAL 116TH STREET received an honorable discharge. He joined Brooklyn, NY and parts of Queens. These FESTIVAL AND ITS ORGANIZERS his brothers in a lifetime career as a prominent businesses include Darren K. Real Estate, and successful businessman. While helping LLC, Darren K. Real Estate, LLC Maintenance HON. CHARLES B. RANGEL his wife raise their son and three daughters Division, Howard Avenue Development, L.P., OF NEW YORK remained an important mission in his life, Rob- and Darren K. Real Estate Management Com- IN THE HOUSE OF REPRESENTATIVES ert was also committed to the improvement of pany. A part of Darren K. Real Estate, LLC his community. He chaired the Local Develop- activities involves the acquisition, rehabilitation Thursday, June 9, 2005 ment Corporation del Barrio for 10 years and and development of quality housing of pre- Mr. RANGEL. Mr. Speaker, I rise today to helped to develop the economic and political viously owned city multi-dwelling buildings for bring to the attention of the 109th Congress capital of the community. Robert has been an low, moderate and middle-income families. the hard work of Mr. Nick Lugo, Mr. David active contributor to local organizations and Before becoming involved in real estate, Mr. Acosta, Mr. Robert Acosta, and Mr. Peter events and an important voice on the future of Pearson worked as an account executive for Spinella in planning the 116th Street Festival the community. Amergold Corporation. He also worked for in East Harlem, El Barrio community. Like his brother Robert, David Acosta was Vanguard Oil Corporation as a fuel sales- The 116th Street Festival is designed to raised in East Harlem and has become a person in the commercial and barge depart- highlight, embrace, and celebrate the cultural major community leader and one of its strong- ments, where his duties included fuel sales to experiences of Hispanic families in the United est advocates. Starting with El Barrio Hard- Con Edison, PSE & G, LILCO and Govern- States, the Caribbean, and beyond. This is the ware in 1970, Robert and David, along with ment contracts. Within one year, he was pro- largest Latin Street Festival in North America their brother Frank, became promising entre- moted to Director of Public Relations for Van- and is nationally acclaimed as one of the three preneurs in the community. They were part of guard and headed the ‘‘Robert F. Kennedy major Hispanic events in the United States. It the influential reactivation of the Third Avenue Memorial’’ Home Oil Transfer Program, a pro- draws our collective consciousness to the Merchants Association and helped to revitalize gram that allowed Mr. Pearson to provide fuel beauty, love, and familial bonds of Hispanic the struggling business community in the area. oil to needy families and non-profit organiza- culture as well as the rich historical back- When David became the president of the As- tions at discount prices or even at no cost. grounds of Hispanic people. sociation, it accomplished its goals and pro- Due to his success, he was promoted to Vice The 20th annual Festival will be held this vided opportunities for local merchants to ad- President of Procurement and Industrial Sales Saturday, June 11, 2005. It will span 20 city vance political agendas and decisions in the for Vanco Oil Co., a subsidiary of Vanguard blocks in the heart of El Barrio, have three en- interest of the community. David would further Oil Corp. tertainment stages and hundreds of venders apply his entrepreneurial skills to the creation After leaving Vanguard, Mr. Pearson worked and corporate attractions, and draw crowds of of the Local Development Corporation del as the Real Estate Sales Manager for Charles hundreds of thousands of people from around Barrio and secured grants to enhance the E. Simpson Real Estate Company and ob- the world. It is one of New York City’s largest image and economic base of the Third Ave- tained his broker’s license after one year. After and most popular celebrations and has pro- nue. He has and continues to be an active that he started his four companies. vided over 40 scholarships to local high school and influential member of the community. Mr. Pearson is active in both the Brooklyn students in East Harlem. Peter Spinella served this country as a and Manhattan communities, as Chairman of The celebration promises to be a remark- member of the military police corps of the the Men’s Caucus for Congressman TOWNS, able experience and enlightening exposure to United States Army. He holds a bachelor’s de- member of 100 Black Men, Inc. and Senator the culture of an often-unappreciated but im- gree of science in marketing from New York David Patterson’s Progressive Network. Mr. Pearson is a devoted husband to his portant group of Americans. Major corpora- Institute of Technology and is an Executive wife Lydia and a loving son to his mother tions such as Disney, Home Depot, and Fisher Vice President of the Hispanic Marketing & Willie Mae. Mr. Speaker, Darren K. Pearson Price now join long-time sponsors Telemundo Advertising Group, Inc. He has honorably has continued to demonstrate through his ef- 47, Coca-Cola, and SBS Communications in served on the boards of several organizations forts to improve the quality of life in his com- supporting the success and goals of this Fes- including the National Puerto Rican Forum munity that he is more than worthy of our rec- tival. and the Korean American Grocers Associa- ognition here today. The success of the Festival is largely thanks tion. A member of the board of the New Bronx to the work of Nick Lugo, David Acosta, Rob- Chamber of Commerce, Peter brings a cultural f ert Acosta, and Peter Spinella of Abrazo Fra- awareness and sensitivity to economic devel- IN MEMORY OF DARRYEL NACUA ternal organization. They brought the event to opment projects. He is also the CEO of ‘‘A the East Harlem community in the 1980s and Taste of East Harlem, Inc.’’ which produces a have tirelessly worked to make it a premier HON. SAM FARR magazine, a Web site, and a restaurant/tour- OF CALIFORNIA event for hundreds of thousands of Hispanic ism campaign. Peter brings a talented mar- IN THE HOUSE OF REPRESENTATIVES families and top entertainers. keting portfolio to East Harlem and has Thursday, June 9, 2005 Nick Lugo is a prominent community and worked to build an active and involved com- business leader within the New York City His- munity. Mr. FARR. Mr. Speaker, I rise today to panic community. His career spans over three I would like to thank Nick, David, Robert, honor the memory of Darryel Nacua, a true decades and includes pioneering numerous and Peter for their hard work in putting to- hero who passed away tragically and unex- events and activities that have enhanced the gether these important community-building pectedly on May 30, 2004 at the age of 48. lives of Puerto Ricans and other Hispanics events surrounding the 116th Street Festival. I Most of Darryel’s 23-year law career was within the city. He was born in New York and join their families, friends, and community in spent with California Rural Legal Assistance, is a graduate of Inter-American University of being proud of their accomplishments and where he dedicated his life to giving legal help San German, PR. With his wife and their success. to the farm workers of Central California, the daughter at his side, Nick has published La f community of his own roots. Voz Hispana, a weekly newspaper, and Darryel’s assignments with California Rural Canales Magazine, a monthly publication dedi- A TRIBUTE TO DARREN K. Legal Assistance took him to Santa Maria, cated to the Latino arts and entertainment in- PEARSON Gliroy, Salinas and finally to the Watsonville/ dustry. He is also the president of National Santa Cruz office, where he acted as Directing Hispanic Expositions, Inc, Nick Lugo Travel, HON. EDOLPHUS TOWNS Attorney. He fought hard against poverty, in- and Hispanic Impact Marketing, Inc. He has OF NEW YORK justice, and substandard housing, and he was been a dedicated and inspiring role model for IN THE HOUSE OF REPRESENTATIVES equally tenacious in his battles for education the Hispanic community in particular and this and employment. Darryel was fearless in tak- country in general. Thursday, June 9, 2005 ing on all entities in his pursuit of social jus- Immediately after graduation, Robert Acosta Mr. TOWNS. Mr. Speaker, I rise to acknowl- tice. Darryel also served the greater Santa enlisted in the United States Air Force and edge Darren K. Pearson, an established entre- Cruz area as a member of the Lawyer Refer- served there for the next 4 years. He was preneur who has developed four running busi- ral Service Governing Committee and the trained as a jet aircraft fighter mechanic and nesses in the Real Estate marketplace in Human Care Alliance Advocacy.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12180 EXTENSIONS OF REMARKS June 9, 2005 Darryel was endearingly referred to within from the New Haven Green—the heart of the A TRIBUTE TO CLARENCE his community as a man of ‘‘sangre liviana,’’ city of New Haven. It serves as a shining bea- BOSWELL one of ‘‘light blood,’’ or a pleasant disposition. con of hope for those most in need. For its They also called him ‘‘sano,’’ a person of sin- many spiritual and community contributions, I HON. ADAM H. PUTNAM cerity, honesty, and one without malice. He am proud to stand today to pay tribute to the OF FLORIDA was appreciated as a mentor, a profound lis- Episcopal Church of St. Paul and St. James tener, and for his gentle sense of humor. and its congregation as they celebrate this IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is altogether fitting that Cali- very special occasion. It is my hope that they Thursday, June 9, 2005 fornia Rural Legal Assistance should name will continue to serve our community for many Mr. PUTNAM. Mr. Speaker, I rise today to their office building in honor of Darryel Nacua. more years to come. The community will miss him greatly, but we recognize a great Floridian, the senior mem- ber of our State’s Bar, a true gentlemen in know his life will continue to inspire those he f touched. every good sense of the word, and my neigh- bor. Clarence A. Boswell died on February 22, f COMMANDER JEFFREY THOMAS BERNARDI 2005 at the age of 102, and for 75 years of HONORING THE EPISCOPAL his life he actively practiced law in my home- CHURCH OF ST. PAUL AND ST. town of Bartow, Florida. JAMES FOR ITS CONTRIBUTIONS HON. DENNIS J. KUCINICH Clarence Boswell was admitted to the Flor- TO THE COMMUNITY OF OHIO ida Bar in 1924, and with that admission he IN THE HOUSE OF REPRESENTATIVES began one of our State’s longest and most HON. ROSA L. DeLAURO distinguished legal careers. During a time OF CONNECTICUT Thursday, June 9, 2005 when lawyers tended not to specialize, Clar- IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in ence Boswell distinguished himself as an ac- Thursday, June 9, 2005 recognition of United States Navy Commander complished litigator, an acknowledged expert in real estate, probate and trust matters, and Ms. DELAURO. Mr. Speaker, it is with great Jeffrey Thomas Bernardi, on the occasion of a beloved adviser to businesses and families pleasure that I rise today to join the Reverend his retirement following 20 years of dedicated both great and small. Barbara Cheney and the congregation of the service to our country. For 50 years Clarence Boswell was recog- Episcopal Church of St. Paul and St. James Following graduation from Strongsville Sen- nized in the Courthouse as the determined de- as they celebrate the restoration of this his- ior High School, Commander Bernardi at- toric New Haven treasure. This is a very spe- tended the United States Naval Academy, fense counsel for the railroad. Unknowing op- cial occasion for the community and this New earning his degree in Mechanical Engineering ponents were often surprised by the tenacity Haven institution. in 1985. Commander Bernardi began his dis- with which this soft-spoken, genteel south- Standing on the corner of Chapel and Olive tinguished career as a Naval Flight Officer in erner defended his client’s interests. As a real Streets in New Haven, St. Paul and St. James 1986. estate attorney, Clarence Boswell handled some of the largest real estate transactions of has anchored the Wooster Square neighbor- His years of service have taken him to loca- his time, and was used by other attorneys as hood for more than 175 years. Originally, the tions around the world. From Bermuda to Sic- an expert witness on property issues. How- church was designed with two wooden towers, ily and a wide variety of other locations, Com- ever, the traits that most endeared him to his however, as the years past, it became evident mander Bernardi’s career exemplifies the very clients were the effective, competent and calm that these towers would need replacing. In best of our armed services. In February of counsel he consistently offered those passing 1893 the west tower was rebuilt in stone and 1994, for example, he directed tactical support through his office. A local judge once referred the wooden top of the east tower was re- for the first ever P–3C Electro-Optic recon- to Clarence Boswell as a lawyer’s lawyer and moved—creating the church’s distinctive look naissance missions overland Bosnia- a gentleman’s gentleman. with one short tower and one tall. Recently, Herzegovina in support of Operation DENY In his community, Clarence Boswell was a the need came once again to restore the west FLIGHT. charter member of the Bartow Rotary Club tower and it is the completion of that renova- Commander Bernardi received his Master of tion which the community celebrates today when it was founded in 1924. He served on Arts Degree in National Security and Strategic the Board of Trustees of Erskine College in with a rededication ceremony. Studies from the Naval War College in 1996. Our churches play a vital role in our com- Due West, SC, and as that Board’s Chairman. In March of 1999, Commander Bernardi re- munities—providing people with a place to He was a life long member of the Associate ported to the Bureau of Naval Personnel Sea turn to for comfort when they are most in Reformed Presbyterian Church and served as Duty Component in Arlington, VA. He was need. In the nearly two centuries of its history, the Moderator of that denomination’s Synod. handpicked to support the execution of a CNO there have been many who have worshiped He was attorney for the Polk County School Special Project of national significance. within the halls of St. Paul and St. James and Board for 40 years and was instrumental in many who have found peace and strength in Most recently, in April of 2003, Commander the founding of Polk Community College. the outstretched arms of the congregation. Be- Bernardi reported to Deputy Chief of Naval Above all else, Clarence Boswell’s greatest yond the spiritual guidance it has provided, St. Operations Assessments Division at the Pen- love was for his family and his wife of 63 Paul and St. James is also home to several tagon. His duties there included shaping the years, his beloved ‘‘Toggie’’. He is survived by successful outreach ministries. With Navy of the future through independent analyt- his 2 children, 8 grandchildren and 12 great congregants from New Haven, West Haven, ical assessment of warfighting capabilities and grandchildren. Hamden, and Branford, it is an interracial, di- Department of the Navy programs. Clarence Boswell was the last of a genera- verse congregation with a strong emphasis on He has received numerous awards over his tion who were born into a time before the De- social justice and advocacy. For the last twen- career for his dedication and commitment to pression, two great wars, I and the rise of the ty-five years, the church has run the Loaves this country. They include the Navy and Ma- American Century. It was a generation of men and Fishes Food Closet, one of the largest rine Corps Medal for heroism, Air Medal, Joint who stood, bowed and wore hats, not baseball food banks in the state. Other programs in- Service Commendation Medal, four Navy caps that they tipped to one another in pass- clude a Clothes Closet, an alliance with the Commendation Medals, and four Navy ing and removed indoors. They were people Neighborhood Health Project, a Children’s Achievement Medals. who always presented a fac¸ade of innocence, Mission, and an active membership in the Mr. Speaker and Colleagues, please join me who never spoke openly of certain things, and faith-based grass roots organizing effort, Elm in honor and recognition of Commander Jef- who detested rudeness and vulgarity. Now, I City Congregants Organized. It is through all frey Thomas Bernardi. As Commander am not one who cries to bring back the ‘‘good of these efforts that St. Paul and St. James Bernardi marks his retirement from 20 years of old days’’ but with the passage of time, we touches the lives of thousands and makes a dedicated service to our country, I extend my have lost in this country many good things that real difference in their lives. congratulations and deepest thanks to him, as once spoke of manners, respect, courage and With the completed renovations, the west well as his wife, Stephanie, son, Zachary, and honor. Today I pay tribute to one who rep- tower is now lit at night and clearly visible daughter, Jennifer. resented those good things, Clarence Boswell.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12181 HONORING THE 44TH ANNUAL Since its inception as the Brooklyn Colle- program making available funds to institutions YMCA YOUTH GOVERNOR’S CON- giate and Polytechnic Institute, the Polytechnic of higher education, centers within such insti- FERENCE Preparatory Country Day School has im- tutions, and associated nonprofit foundations. mersed its students in outstanding academic These grants would promote progams focused HON. PETE SESSIONS programs and provided a strong, supportive on the teaching and study of traditional Amer- OF TEXAS community. Like New York City, the school ican history, free institutions, and the history IN THE HOUSE OF REPRESENTATIVES has opened its doors to students from all over and achievements of western civilization at Thursday, June 9, 2005 the world, representing an array of cultures, both the graduate and undergraduate level, in- languages and traditions. That commitment to cluding those that serve students enrolled in Mr. SESSIONS. Mr. Speaker, I rise today to diversity speaks volumes about Poly Prep’s il- K–12 teacher education programs. honor the 44th Annual YMCA Youth Gov- lustrious history. Several years ago I was involved in a con- ernor’s Conference that begins in Washington, The school’s 150th anniversary provides a gressional effort to highlight the decline in his- DC next week. I am pleased to once again hallmark for reflection on Poly Prep’s tireless torical and civic literacy among American col- have the honor of being the Congressional efforts to provide a diverse and educationally lege students. This effort led to the unani- sponsor for the Youth Governor’s breakfast sound environment which has led its students mous, bicameral passage of S. Con. Res. 129 with my fellow colleagues in the House. to academic success. Therefore, on behalf of which stated, in part, that ‘‘the historical illit- The YMCA Youth Governor’s Conference the U.S. House of Representatives, I con- eracy of America’s college and university brings together some of the most outstanding gratulate the Polytechnic Preparatory Country graduates is a serious problem that should be youth leaders in America. YMCA Youth and Day School on the occasion of its 150th anni- addressed by the Nation’s higher education Government is a nation-wide program that al- versary—its Sesquicentennial—for its efforts community.’’ lows thousands of teenagers to simulate state toward educational excellence and providing Given the increased threat to American and national government. an environment that is as diverse and rich in ideals in the trying times in which we live, it is Mr. Speaker, I would like to personally rec- experience and tradition as New York City easy to see how the lack of historical and civic ognize each of this year’s YMCA Youth Gov- itself. literacy among today’s college students has ernors for their dedication and service to become a more pressing issue. Nevertheless, America’s youth. f most of the Nation’s colleges and universities Hunter Patterson of Texas, Quentin James TRIBUTE TO DARA FELDMAN no longer require United States history or sys- of South Carolina, Forrest McConnell of Ala- tematic study of Western civilization and free bama, Matthew Hughes of Arizona, Paul institutions as a genetal prerequisite to grad- Gardner, III of California, Daniel Spellacy of HON. CHRIS VAN HOLLEN OF MARYLAND uation, or for completing a teacher education Connecticut, Mansoor Zaman of Delaware, program. Taylor Siegel of Florida, Britt Bush of Georgia, IN THE HOUSE OF REPRESENTATIVES I believe it is time for Congress to take a Colin Clark of Illinois, Phil Reaves of Indiana, Thursday, June 9, 2005 more active role in addressing this matter. Our Arshiya Saiyed of Kentucky, Ty Bottoms of Mr. VAN HOLLEN. Mr. Speaker, it is with country’s higher education system must do a Kentucky, Beau Landry of Louisiana, Matt great pleasure that I rise to congratulate my better job of providing the basic knowledge Gorman of Maine, Karima Tawfik, Amar Gupta constituent, Dara Feldman, on receiving the that is essential to full and informed participa- of Massachusetts, Elissa Laskey of Michigan, 2005 Disney Teacher Award. The award was tion in civic life and to the larger vibrancy of Marvin Yates of Michigan, Jonathan Kent of given in recognition of her creativity, innova- the American experiment in self-government, Minnesota, Laura Kergosien of Mississippi, tive teaching methods, and ability to inspire binding together a diverse people into a single Sam Barrett of Missouri, Paul Morgan of Mon- her students. Nation with common purposes. tana, Erik Ruediger of New Hampshire, Mohit Ms. Feldman, a kindergarten teacher at f Shah of New Jersey, Anne Baldwin of New Garrett Park Elementary School, is being rec- Mexico, Andrew Vigliotta of New York, Niema ognized for her efforts in the areas of early A TRIBUTE TO DR. JOON BANG Alimohammadi of North Carolina, Caroline childhood education. Her commitment to DuWors of Ohio, Tony Viola of Oklahoma, Wil- teaching results in a creative, high-tech kinder- HON. EDOLPHUS TOWNS liam Glennie of Oregon, Davon Magwood of garten where children learn about the wonder OF NEW YORK Pennsylvania, Dusty Good of Tennessee, of the world in which they live. Ms. Feldman IN THE HOUSE OF REPRESENTATIVES Gentry Martin of Tennessee, Josh Tate of Vir- hosts internet exchanges between her kinder- Thursday, June 9, 2005 ginia, Addison Tice of Washington, Janesse garten students and kindergartners in other Lewis of the District of Columbia, and Iain parts of the world. This year, her students cor- Mr. TOWNS. Mr. Speaker, I rise to acknowl- Padley of Wisconsin. responded with students in Southeast Asia edge Dr. Joon Bang. Dr. Bang is president of I wish all of the 2005 YMCA Youth Gov- who were victims of last December’s tsunami. the Korean American Youth Foundation, a ernors a very successful conference here in Ms. Feldman’s creativity and dedication to non-profit organization dedicated to improving Washington, and I encourage them to con- teaching have made her one of only 45 hon- the lives of Korean American youth. He has tinue their sincere devotion to leadership and orees selected from more than 50,000 nomi- been involved since 1993 with foundation. public service in this and their future endeav- nations worldwide. Teachers like Dara Feld- The foundation’s mission is to help Korean ors. man are making profound contributions to the American youth develop a positive, healthy f future of our country and provide a beautiful identity through self-awareness, career plan- THE 150TH ANNIVERSARY OF example of how America’s teachers can excel. ning, and mentoring. Every year, the founda- POLYTECHNIC PREPARATORY I applaud Dara Feldman and wish her con- tion sponsors an essay contest titled ‘‘What COUNTRY DAY SCHOOL tinued success in the years ahead. America Means to Me’’ for Korean American f youth that awards college scholarships to the HON. ANTHONY D. WEINER winners. In 2001, the foundation collaborated INTRODUCTION OF THE HIGHER with WNET Channel 13 to expand the contest OF NEW YORK EDUCATION FOR FREEDOM ACT to include young people of all backgrounds. IN THE HOUSE OF REPRESENTATIVES OF 2005 The foundation raises money to create an Thursday, June 9, 2005 annual career forum for Asian American youth Mr. WEINER. Mr. Speaker, I rise today to HON. THOMAS E. PETRI presented by the Flushing branch of the celebrate the 150th anniversary of the Poly- OF WISCONSIN YWCA and the Korean American Network. It technic Preparatory Country Day School. The IN THE HOUSE OF REPRESENTATIVES also sponsors Korean cultural events and per- school is a pillar of academic excellence in formances for the community that attracts per- Brooklyn, NY. It is a true privilege to acknowl- Thursday, June 9, 2005 formers from across the country. Dr. Bang is edge the great strides Poly Prep has made Mr. PETRI. Mr. Speaker, today I am intro- also a member of the Advisory Board for over the years since it first opened its doors ducing the Higher Education for Freedom Act. Youth Affairs for the Institute of Korean-Amer- in 1854. This legislation establishes a competitive grant ican Studies, Inc. (ICAS in Philadelphia).

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12182 EXTENSIONS OF REMARKS June 9, 2005 Dr. Bang has devoted his time to intro- Helen Ferraro-Zaffram is concentrated in the A TRIBUTE TO MEL YOST ducing positive images of the Korean Amer- practice of elder-law. Ms. Ferraro-Zaffram pre- ican community to the metropolitan area viously held a position as a staff attorney for through public television. In 1994, he founded legal services for the elderly, disabled and dis- HON. MARK UDALL ‘‘Korean Friend’s of Channel 13’’ and served advantage of New York. Helen was nominated OF COLORADO as president until 1999. In this capacity, he for this award by Supreme Court justices who IN THE HOUSE OF REPRESENTATIVES helped WNET Channel 13 develop a number recognized her tireless efforts on behalf of the of fundraising events to assist the March 1999 elderly. Thursday, June 9, 2005 production of ‘‘Korean American Spirits,’’ a Ilene Fleischmann leads a busy life serving Mr. UDALL of Colorado. Mr. Speaker, I rise documentary featuring the lives of Korean as the associate dean of the University of Buf- today to pay tribute to Mel Yost, one of our Americans in the tri-state area. The program community’s most compassionate advocates, raised more than $140,000 for public broad- falo Law School. She is the editor of the UB casting. For his contributions, Dr. Bang was Law forum magazine and the editor of the Uni- who passed away on June 1, 2005. I had the named the 1997 recipient of the National versity of Buffalo Law Links, the Law School’s privilege of knowing this remarkable man per- Friends of Public Broadcasting and Elaine quarterly email newsletter. Prior to her work at sonally and working with him the past 8 years Peterson Distinguished Service Award. the law school, she was a staff reporter and on numerous issues to help improve the lives Dr. Bang was born in Korea and graduated features columnist for the Buffalo Courier Ex- of those oppressed by poverty, disease, and from the Medical College, Seoul National Uni- press as well as a freelance writer. hopelessness throughout the world. versity, in Seoul, Korea in 1970. He came to Retired Supreme Court Judge Rose Mel Yost was one of three key founders of the United States in 1973 and became a Lamendola is another extremely distinguished the first Colorado RESULTS chapter in 1983. board-certified internist in 1978. He is an inter- award recipient. Judge Lamendola served in He believed implicitly in the purpose of RE- nist at the New York Methodist Hospital in the state attorney general’s office to go on to SULTS ‘‘to create the political will to end hun- Brooklyn. be the first woman Erie county court judge. On ger and the worst aspects of poverty and to Dr. Bang is the recipient of the 2001 Caring June 13th, in 1995 she was appointed by gov- empower individuals to have breakthroughs in for Children Award. Mr. Speaker, Dr. Joon ernor Pataki a State Supreme Court justice exercising their personal and political power.’’ Bang has continuously demonstrated through and served until her retirement in 1999. Mel was active with RESULTS for 22 years his humanitarian efforts to improve the lives of and attended the first RESULTS Regional the people in his community that he is more Janic Rosa was honored for her outstanding Conference in San Diego in 1986. In Sep- than worthy of our recognition today. career in family law. Prior to her election to tember 1990 in Denver’s City Park at the the Supreme Court in 2002, Rosa served as f World Summit of Children’s Candlelight Vigil, an Erie county family court judge. Under her Mel read Ina J. Hughes’ ‘‘Prayer for Children’’ IN RECOGNITION OF THE FOURTH direction, the court has appointed social work- before 3,000 people, including the Governor ANNUAL CELEBRATION OF ers to assess the needs of families and chil- and most of Colorado’s national and local poli- WOMEN IN THE LAW dren. She even allows parents to put par- ticians. Often accompanied by his wife, Jan, enting plans together instead of litigation. Mel attended every RESULTS International HON. BRIAN HIGGINS Judge Rosa’s creativity and compassion are Conference from 1985 through 2004. OF NEW YORK both greatly admired. He worked as a truck driver for Safeway for IN THE HOUSE OF REPRESENTATIVES Anna Scott is a Buffalo Attorney who was 30 years and frequently regaled his friends Thursday, June 9, 2005 an educator for over 20 years before becom- with stories of driving trucks in the mountains Mr. HIGGINS. Mr. Speaker, I rise today to ing an attorney. She taught in the Buffalo city of New Mexico, Colorado, and Utah. He hap- recognize the state of New York’s fourth an- school and attended University at Buffalo Law pily used expressions like ‘‘hammer on down, nual Celebration of Women in the Law. On school. She was honored for her pro bono blue whiskey,’’ his radio handle, and ‘‘put the May 25th, 10 Western New York women were work for members in the community who can pedal to the medal, baby.’’ not afford attorneys. honored for their outstanding contributions to In recent years, Mel hosted many meetings the bench and the bar. The event, hosted by Carolyn Van Schaik, Esq., passed away 2 of the Denver and Boulder RESULTS groups the state’s Gender and Racial Fairness Com- years ago, but her memory will be immor- because his retirement community was lo- mittee, is both inspiring and heartening. I talized at a residence for homeless women. cated halfway between the cities. He was a would humbly like to submit brief descriptions Ms. Van Schaik graduated from the University founding member in 1997 of the ‘‘Experiment of the careers of some of these remarkable of Dayton School of Law in 1990 before mov- in Democracy and Citizenship’’ group begun women to the CONGRESSIONAL RECORD. I hope ing to Western New York to practice law. She by my predecessor Representative David all of the honorees are proud of their achieve- was a former executive director of the not-for- Skaggs. He continued to serve on this task ments; I know that I am proud to serve as profit organization, center city neighorhood de- force for me, sharing consensus decisions and their representative in Congress. velopment corp. She teamed up with the creative solutions about federal legislation. Genevieve Capizzi has come a long way YWCA of Niagara in Lockport on a project to Mel always urged people to have fun. If a since starting out as a clerical assistant in the renovate an abandoned historic building in Ni- project wasn’t fun, he didn’t want to do it. He Buffalo City court 27 years ago. Due to her agara falls and turned it into transitional hous- frequently read poetry, sometimes his own, at perseverance and strong work ethic, she is ing for homeless women and their families. RESULTS meetings. Friends always looked currently the principal administrative assistant Her husband, Niagara county assistant district forward to receiving his letters because they for the 8th Judicial district. In 2003 Ms. attorney Robert Zucco, accepted the award on were poetic, compassionate, and showed Capizzi was awarded the Office of Court Ad- her behalf. clearly his positive approach to life, along with ministration’s Quality Service Award for her his kindness, his love of family, his love for all leadership and service. Also awarded were State Civil Service Com- Chautauqua county Family Court Judge Ju- missioner Margaret Dadd and Chief Clerk children, and his caring for the poor and op- dith Claire graduated from SUNY at Buffalo Joann Wahl of the Fourth Department Appel- pressed of the world. Law School and has become a pioneer for late Court in Rochester. In what was to be his final presentation to women in the legal profession in Western New In closing, Mr. Speaker, I want to reiterate the Colorado RESULTS group, Mel recalled York. Not only was Judge Claire the only prac- my appreciation for these women and the ex- founding the organization in 1983 to work on ticing female attorney in the Chautauqua emplary standards that they have set for ending hunger and poverty in the world and to county when she first arrived in 1978, but in members of their profession, male or female. provide hope to the hopeless. His final words 1999 Judge Claire became the first and only As a strong supporter of gender equality, I of advice were to ‘‘hook your mind up to your woman to be elected to a countywide judge- hope that this celebration encourages other heart and let ’er rip, because that’s the only ship. In 2004 she was appointed to New York women to be involved in the legal system and way to get anything done.’’ State Family Court Advisory and Rules com- to seek positions of leadership in all fields, re- I ask my colleagues to join me today in hon- mittee that helps formulate policy and rec- gardless of profession. I congratulate all of the oring the life of Mel Yost. Our world is better ommends amendments to state laws. honorees. because of him.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12183 PRIVATE FIRST CLASS STEVEN C. has a rate of 1 in 10,000. These men recog- IN CELEBRATION OF THE TENTH TUCKER nize the severity of the disease and are giving ANNIVERSARY OF SPOTTED themselves in an exemplary way to combat EAGLE HIGH SCHOOL HON. KENNY MARCHANT the disease. OF TEXAS On July 2, 2005, seven life-long friends will IN THE HOUSE OF REPRESENTATIVES begin a five-week hike along the famous Colo- HON. GWEN MOORE rado Trail. The trail covers eight mountain OF WISCONSIN Thursday, June 9, 2005 ranges, seven national forests, six wilderness Mr. MARCHANT. Mr. Speaker, I rise to ex- areas, and five major river systems in the 471- IN THE HOUSE OF REPRESENTATIVES press my condolences and heartfelt sympathy mile path from Durango to Denver. The pur- Thursday, June 9, 2005 to the family and friends of U.S. Army Private pose of this special journey is to raise aware- First Class Steven C. Tucker of Grapevine, ness of Multiple Sclerosis and raise money to Ms. MOORE of Wisconsin. Mr. Speaker, I Texas. help find the cure to a disease that has the rise today to recognize the achievements of Private First Class Tucker was killed in ac- potential to become the polio of this genera- an outstanding high school in my district. On tion on Saturday, May 21, 2005, at the age of tion. June 10, 2005, Spotted Eagle High School 19, in Kandahar, Afghanistan, in support of These seven men are the definition of com- celebrates its Tenth Anniversary. For the past Operation Enduring Freedom. He graduated munity service, giving their time and energy decade, Spotted Eagle High School has of- from Colleyville Heritage High School in May towards such an extraordinary cause. They fered a supportive learning environment not of 2004, and completed boot camp in Decem- have started an organization, Colorado Trail only for the Native American students for ber of the same year. Private First Class For Multiple Sclerosis, ‘‘CT4MS,’’ and are rais- whom it was designed, but for a multiracial Tucker was assigned to A Company, 2nd Bat- ing money to donate to The Rocky Mountain body of at-risk youth whose needs require the talion, 503rd Infantry, 173rd Airborne Brigade, Multiple Sclerosis Center. To date, CT4MS in Vincenza, Italy. has raised $132,192 of $250,000 they hope to intensive and individualized attention the I would like to take this opportunity to pay raise by the time they finish in August. They school provides. tribute to Private First Class Tucker. This are well on their way to raising an enormous Spotted Eagle was established in 1994 by brave young man made the ultimate sacrifice amount of money towards a cause that needs the Milwaukee Area American Indian Man- for the security of his country and for the de- immediate attention. power Council in partnership with the Mil- fense of democracy worldwide. He was an Mr. Speaker, I ask my colleagues to join me waukee Public Schools, the Milwaukee Area outstanding young man; and we should all be in commending George Bishop, Matt Celesta, Technical College and the Indian Community grateful for his noble contributions to this na- Joe McConaty, Matthew McConaty, John-Paul School of Milwaukee. tion and the advancement of freedom. Maxfield, Dan Murray, and Chad Spurway for Spotted Eagle High School’s mission is to I am proud to call Private First Class Tucker their efforts and pledging support for Colorado promote an appreciation for all cultures, em- one of our own, and again deeply sorry for his Trail For Multiple Sclerosis. family and friends who have suffered this loss. phasizing their relevance in today’s society. The school endeavors to create a sense of His legacy will remain, as the men and women f of our armed services continue to fight for lib- community while emphasizing building skills erty—both abroad and on our home soil. RECOGNITION OF ARMY that can contribute to students’ self-reliance. f SPECIALIST BRIAN M. ROMINES The curriculum includes strong School- To- Work components; a culturally-integrated, PERSONAL EXPLANATION HON. JOHN SHIMKUS competency-based, student-centered cur- riculum; and social services designed to meet OF ILLINOIS HON. RUBE´N HINOJOSA the educational needs of their students and IN THE HOUSE OF REPRESENTATIVES OF TEXAS their families. IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2005 Mr. Speaker, it is a fact that many young Thursday, June 9, 2005 Mr. SHIMKUS. Mr. Speaker, I rise today to people in Milwaukee face daunting challenges Mr. HINOJOSA. Mr. Speaker, I regret that I recognize the life of Army Specialist Brian in completing their education because they was unavoidably detained. Had I been Romines who was recently killed in action live in poverty. Spotted Eagle High School rec- present, I would have voted ‘‘no’’ on rollcall fighting for freedom outside Baghdad, Iraq. ognizes those challenges, and provides spe- No. 234. Romines was a 20-year-old native of Simp- cialized support services to assist students in f son, IL who served as an Army Specialist as- coping with them as they strive to complete signed to the A Battery, 2nd Battalion, 123rd their educational goals. Case managers work IN HONOR OF COLORADO TRAIL Field Artillery Regiment, Army National Guard directly with students to ensure that family FOR MULTIPLE SCLEROSIS in Milan, IL. He was a 2003 graduate from Vi- needs are being addressed. Students at the enna High School, Vienna, Illinois. After his school benefit from the emphasis on parental HON. MARK UDALL 18th birthday and his high school graduation, involvement, and access to health-related OF COLORADO Romines felt the call to duty and signed up for services and alcohol and drug awareness pro- IN THE HOUSE OF REPRESENTATIVES the National Guard. According to reports, he grams. Members of the school staff are rooted was killed outside of Baghdad by a roadside Thursday, June 9, 2005 in the same cultural communities as the stu- bomb. dents they teach. Education and support pro- Mr. UDALL of Colorado. Mr. Speaker, I rise Romines is survived by his mother, Melinda gram are designed to be relevant to students’ today to recognize seven men, George Austin of Dongola, IL, his father, Randy cultural backgrounds, increasing the likelihood Bishop, Matt Celesta, Joe McConaty, Matthew Romines of Simpson, IL, and his brother Ran- that students will stay in school and complete McConaty, John-Paul Maxfield, Dan Murray, dall Romines, also a member of the National their education. and Chad Spurway, all Colorado natives, who Guard. I am proud of the service this young have embarked on an incredible journey for man gave to our country and the service his I know firsthand that caring and committed Multiple Sclerosis. fellow troops perform everyday. Not enough educators have the ability to empower stu- Multiple Sclerosis is the number one dis- can be said about Army Spc Romines. It is dents. I salute the staff, board members, abling neurological disease among young troops like him that are risking their lives day present and former students and parents of adults, and the most commonly diagnosed in and day out to ensure our freedom here at Spotted Eagle High School for their efforts to neurological disease among those aged 20 to home and to others throughout the rest of the transform the lives of Milwaukee’s youth. I 50. Some 400,000 Americans, including 7,000 world. I salute him and my best wishes go out wish them the best as they celebrate their Coloradans, have MS. The incident rate in to his family and all the troops fighting to en- 10th anniversary, and look forward to cele- Colorado is much higher, 1 in 625, than the sure freedom and democracy. May God bless brating many more milestones and achieve- rate of southern states such as Texas, which them and may God continue to bless America. ments with them.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12184 EXTENSIONS OF REMARKS June 9, 2005 A TRIBUTE TO REV. ROBERT ers have all highlighted the accomplishments INTRODUCING THE TEACHER EX- CHARLES JEFFERSON, FOUNDER of one of Houston’s greatest spiritual leaders. CELLENCE FOR ALL CHILDREN AND SENIOR PASTOR OF CULLEN ACT Finally, Mr. Speaker, when history records MISSIONARY BAPTIST CHURCH the legacy of Rev. Robert Charles Jefferson, I believe he will be touted as a visionary who HON. GEORGE MILLER OF CALIFORNIA HON. AL GREEN has dedicated his life to ensuring that no one OF TEXAS IN THE HOUSE OF REPRESENTATIVES is left behind. IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2005 Thursday, June 9, 2005 f Mr. GEORGE MILLER of California. Mr. Mr. AL GREEN of Texas. Mr. Speaker, Speaker, I am pleased today to introduce an Today I pay tribute to a noble spiritual leader, CONGRATULATING THE UNIVER- important piece of new legislation, the Teacher a friend and my pastor, Rev. Robert Charles SITY OF MICHIGAN WOMEN’S Excellence for All Children Act, that is the next Jefferson. As the founder and senior pastor of SOFTBALL TEAM ON WINNING step our country needs to take to ensure that the Cullen Missionary Baptist Church, he will, THE WOMEN’S COLLEGE WORLD every teacher in every classroom, teaching on Sunday, June 12, 2005, celebrate more SERIES. every child, is highly qualified. than 28 years of loyal and dedicated service First and foremost, I want to thank our to not only the ministry but to the people of teachers for their dedication and commitment the great city of Houston, TX, as well. HON. JOHN D. DINGELL to taking on the overwhelming demands of their profession. We ask them to perform mir- Mr. Speaker, Rev. Jefferson was born on OF MICHIGAN January 12, 1942 in Baton Rouge, LA. After acles every day in our underfunded and over- completing his undergraduate education, he IN THE HOUSE OF REPRESENTATIVES crowded system. And we owe it to them and to their students to provide more than rhetoric moved to Houston, TX, where he completed Thursday, June 9, 2005 graduate study at Texas Southern University about our commitment to encouraging talented and InterBaptist Theological Center. For more people to enter the field and stay there. Mr. DINGELL. Mr. Speaker, I rise today to Let me also thank the organizations, and than 17 years, before accepting his call to the honor and congratulate the University of Michi- their members, who go to work every day with ministry, Rev. Jefferson ran a very successful gan women’s softball team on Winning the the commitment to help our schools and our air-conditioning business. Because he is a Women’s College World Series (WCWS), students succeed. They are a great constitu- great spirit-filled religious leader, in 1977, he bringing home the first national championship ency for this legislation, and I welcome their was led to organize Cullen Missionary Baptist in the softball program’s history. Displaying the support and their input in its development. Church where, since its founding, he has hard work and tenacity they acquired through Thank you to the Alliance for Excellent Edu- served as senior pastor. a grueling 72 game season, this team dug cation, the American Federation of Teachers, Rev. Jefferson is known throughout the deep and rose to victory, defeating the two- the Business Roundtable, the Center for community as a ‘‘bridge builder.’’ Over the American Progress Action Fund, the Chil- years, he has successfully been able to distin- time defending champion UCLA Bruins 4–1 in extra innings. dren’s Defense Fund, the Council of Great guish Cullen Missionary Baptist Church as a City Schools, the Education Trust, the National center for community activism as well as a This season Michigan advanced to its eighth Council on Teacher Quality, the National haven for those in need of care. In 1991, he WCWS, earned its first No.1 national ranking Council of La Raza, the National Education established the Cullen Christian Child Devel- and won its 10th Big Ten Conference cham- Association, New Leaders for New Schools, opment Center, a daycare center for Christian pionship and seventh Big Ten Tournament the New Teacher Project, Operation Public youth. A few years later, in 1998, his leader- title. Head coach Carol Hutchins earned the Education, Teach for America, the Teacher ship led to the creation of the Cullen Senior 900th victory of her career in 2005, while jun- Advancement Program Foundation, and The Citizens Ministry, Inc., which has provided ior Jennie Ritter earned the honor of Big Ten Teaching Commission. more than 54 affordable housing units for sen- Pitcher of the Year and was one of three final- We know the dismal effects on students iors 55 and older. His housing ministry also re- ists for USA Softball Collegiate Player of the when they lack the highest quality teachers. cently created: ‘‘Brand New City, Inc.,’’ which Year. And we know that there are many reasons has built, since its inception, more than 500 why people decline to enter the teaching pro- houses for low income families and is well on Michigan was the first team east of the Mis- fession, or decide not to remain there. Rea- its way to surpassing that number this year. sissippi to reach the championship game of sons such as low pay, lack of professionl de- Mr. Speaker, Rev. Jefferson is not one who the Women’s College World Series and the velopment, unreasonable burdens, or little op- takes his role in the business of saving lives first non-West Coast school to be ranked No.1 portunity for advancement. Congress cannot and souls lightly, and his membership in the midseason. afford to ignore this immediate and mounting Houston Branch of the NAACP, where he has Proving they are more than just athletes, crisis in the teaching profession that will grow served since 1987 as the director of religious exponentially as an unprecedented number of affairs, is indicative of that commitment. Even these inspiring young women balanced class- work and community service with practice and teachers retire in the next five years. as he works tirelessly as a full-time pastor, he My 45 colleagues who are original cospon- has managed to fulfill the roles of moderator over 15 games per month—all while maintain- sors and I are prepared to respond to this of the Houston Gulf Coast Baptist Association; ing strong academic records with six team challenge facing American education with an president of the Ministry Advisory Council of members earning Academic All Big Ten hon- innovative approach that matches the serious- Houston and chairman of the board of Love ors. ness of the challenge with the ‘‘The TEACH Our Kids, Inc. He is the founder president of Mr. Speaker, I ask that you and all of my Act of 2005’’—the next step our country needs city-wide summer recreational programs and colleagues join me in sending our heartfelt to take to ensure that every teacher, in every since 1979, coordinated programs for Hous- congratulations to coach Carol Hutchins for classroom, teaching every child, is highly ton’s Ministers Against Crime, Inc. her coaching and leadership, and to the Wom- qualified. Rev. Jefferson is the recipient of a number en’s College World Series Champions, the re- The most important single factor in deter- of honors and awards that include, but are not mining a child’s success in school is the qual- markable Wolverine women: Lorilyn Wilson, limited to certificates of appreciation from ity of his or her teacher. We all remember a Jennifer Kreinbrink, Lauren Talbot, Tiffany then-Governor of Texas, Ann Richards, and teacher—or even several teachers—who Houston Mayor Bob Lanier in 1992. That Worthy, Stephanie Bercaw, Michelle Teschler, made us proud of ourselves for what we ac- same year, he also received the Barbara Jor- Stephanie Winter, Grace Leutele, Lauren Hol- complished and helped us face our future with dan Leadership Award in recognition of his un- land, Jennie Ritter, Samantha Findlay, hope and confidence. Imagine if every one of compromising commitment to diversity and Alessandra Giampaolo, Nicole Motycka, Re- our teachers over the years had given us that human rights. Over the years, tributes from bekah Milian, Tiffany Haas, Michelle same strength. Texas Southern University, the Houston De- Weatherdon, Jessica Merchant, Becky Marx, The TEACH Act will accomplish four critical fender, Anheuser-Busch Companies and oth- and Angie Danis. goals: Increase the supply of outstanding

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12185 teachers; Ensure all children have teachers raises standards and improves recruitment ergy Act. New Apollo seeks to solve America’s with expertise in the subjects they teach; iden- and training for new principals. energy crisis through technological innovation tify and reward our best teachers; keep the Teaching is not just another job. Teaching is much in the same way that President Kennedy best teachers and principals in our schools. a career that must be satisfying in itself, that channeled the resources of the American peo- This bill is a major legislative initiative that must attract the best people, and that must in- ple in the 1960s to meet the challenges of the will attract our most talented teachers to the struct our children to succeed in an increas- race to the Moon. classrooms of our nation’s toughest public ingly competitive world. The New Apollo Energy Act has the three schools—and encourage them to stay there. We can have a dynamic and exciting future simple goals of: (1) breaking our addiction to When our Nation’s school doors close for for America’s schools and their students. We Middle Eastern oil, thereby increasing our Na- the summer later this month, more than have the national resources. Now, we must tion’s homeland security; (2) creating millions 200,000 teachers, nearly 6 percent of the make the commitment. of high paying domestic jobs; and (3) address- teaching workforce, will leave the profession. We must dedicate the necessary resources, ing the environmental problem presented by Over the next decade, we will need to hire demand the necessary results, and stay with global warming. more than two million new teachers to serve it to the end to make sure that every child in Highlights of our New Apollo Energy Act in- in our public schools. Yet today, we have no America has a teacher we can all be proud of clude: Significant tax incentives for the devel- national plan for attracting outstanding stu- and that every teacher in America can say opment, manufacturing, and purchasing of do- dents into the teaching profession, or keeping they are proud of us too for the support we mestic clean energy technologies; investment them there. give them. in energy efficient infrastructure and regulatory A large proportion of those who do enter I would also like to acknowledge three re- oversight; an oil savings provision that re- teaching remain a short time, discouraged by ports that were particularly useful. The Teach- quires the President to use existing authority low salaries, inadequate opportunities for pro- ing Commission’s report, Teaching at Risk: A to reduce the daily consumption of oil by fessional development, and low public esteem. Call to Action; the Center for American 600,000 barrels by 2010 and 3,000,000 bar- By failing to address this problem, Congress is Progress report. Ensuring a High Quality Edu- rels by 2020 (approximately what we currently shortchanging our children and costing tax- cation for Every Child by Building a Stronger import from the entire Middle East); increased payers more than $2.6 billion annually replac- Teaching Force, and the National Academy of funding for LIHEAP and weatherization ing teachers who have dropped out of the pro- Education report A Good Teacher in Every projects; a 10 percent Renewable Portfolio fession. We need to act immediately to assure Classroom: Preparing the Highly Qualified Standard by 2021; electric grid reliability that we have an adequate supply of exem- Teachers Our Children Deserve. All three re- standards; appliance efficiency standards; a plary teachers for the next generation of stu- ports were extremely instrumental, particularly renewable fuels standards set at 8 billion gal- dents. in identifying practices that are working well lons by 2013. My bill addresses this need by helping and need to be taken to scale. The New Apollo Energy Act creates jobs. It school districts to pay more competitive sala- The TEACH Act will take us where research is often falsely assumed that environmental ries and by offering up-front tuition assistance and experience say we need to go: stronger protection and innovation comes at a cost to to talented undergraduates committed to a ca- teachers, stronger principals, stronger schools. the economy, yet study after study concludes reer in education, to established teachers I look forward to achieving the vision of a bet- that environmental stewardship and techno- working in fields like math and science, where ter school system for all of our children. logical ingenuity can walk hand in hand. The the teacher shortage is most acute, and to re- f University of California at Berkley reported that tirees with math and science expertise who the renewable energy sector generates more would like to join the ranks of our nation’s INTRODUCTION OF THE NEW jobs per megawatt of power installed, per unit teachers. APOLLO ENERGY ACT of energy produced, and per dollar of invest- The TEACH Act also offers up to $20,000 in ment, than the fossil fuel-based energy sector. loan forgiveness to highly qualified teachers HON. JAY INSLEE The Apollo Alliance has found that a substan- wbo are working in high priority communities. OF WASHINGTON tial federal commitment to clean energy could The TEACH Act also helps new teachers IN THE HOUSE OF REPRESENTATIVES yield up to 3.3 million jobs nationally. The Uni- transition into the classroom and build their versity of Michigan concluded that United Thursday, June 9, 2005 skills through state-of-the-art induction pro- States stands to lose 38,000–207,000 jobs if grams that include proven strategies such as Mr. INSLEE. Mr. Speaker, in April 2005, the the domestic automotive industry fails to retool structured mentoring, common lesson-plan- House of Representatives once again passed their plants to adjust to the growing hybrid ve- ning, and intensive professional development. an antiquated and outdated energy bill that hicle market. Further, the Department of En- My bill also addresses the problem that poor fails to address the grave realities that our ergy has estimated that standards just on children are far less likely to be taught by ex- country faces today. With record high gasoline clothes washers, water heaters, and fluores- pert teachers. Nearly three-quarters of math prices, we need an energy bill that diversifies cent lamp ballasts will create 120,000 jobs classes in high-poverty middle schools are our automobile fuels and encourages domesti- through 2020. taught by teachers who lack a major—or even cally manufactured fuel efficient vehicles. The New Apollo Energy Act reduces our de- a minor—in math. The TEACH Act provides With millions of family wage manufacturing pendence on foreign oil. We no longer have to higher pay for exemplary highly qualified jobs lost since 2001, we need an energy bill accept an energy bill that fails to encourage teachers and principals who transfer into the that takes bold action to tap into American in- the usage of renewable energy or one that hardest-to-staff schools where they can help genuity in order to lead the world in new clean fails to reduce our consumption of foreign oil. the children who need them most. Making energy technology, rather than playing catch- The Department of Energy’s own independent sure these children are taught by a well- up to the Japanese, Danish, and Germans. research body—the Energy Information Agen- trained teacher is crucial because over a five Just as concerning is that our reliance on Mid- cy (EIA)—concluded that under the Adminis- year period, it can close the performance gap dle Eastern oil, creates a need to establish an tration’s proposed energy plan over the next between low-income and high-income stu- energy policy that allows us to end our histori- 20 years, our oil imports will increase to 80 dents. cally objectionable policies in this area. Addi- percent, and gas prices are likely to rise 3–8 The TEACH Act also helps create true ca- tionally, the science is clear that our green- cents, which would be the equivalent projec- reer ladders that allow teachers to advance in house gas emissions are threatening to signifi- tions of enacting no energy bill at all. The EIA the profession as they gain new knowledge cantly change the world’s climate, yet this en- has also reported that despite the electric utili- and skills. The bill would augment the salaries ergy bill does not even contain the words ‘‘cli- ties’ repeated claims that a renewable energy of teachers who seek out opportunities to ad- mate change’’ or ‘‘global warming’’. The standard would hurt consumers and the econ- vance their own professional development and House passed Energy bill does little, or noth- omy as a whole, a 10 percent renewable en- to mentor colleagues who are new to the pro- ing, to address these mounting concerns. ergy standard by 2020 would cost consumers fession. That is why I, and several of my colleagues, almost nothing—about the difference of 1 per- We also know that nothing is more impor- have joined together to introduce the most in- cent spread out over the next 15 years. tant in attracting—and keeping—outstanding novative and comprehensive energy plan in The New Apollo Energy Act reduces green- teachers than outstanding principals. My bill recent decades, known as the New Apollo En- house gas emissions. Among other things, the

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12186 EXTENSIONS OF REMARKS June 9, 2005 New Apollo Energy Act provides tax credits and social disintegration of inner city neighbor- Mr. Speaker, I ask my colleagues to join me and loan guarantees to develop more cellu- hoods, he founded the Rockgate Community in congratulating Airport Manager Gary Shafer, losic biomass and biodiesel while providing in- Development Inc. Through this organization, the Commissioners and staff of Southern Illi- centives to produce and purchase energy effi- various social, health and educational pro- nois Airport for this very well-deserved award. cient projects and developing new efficiency grams have been created, including faith in f standards for the home. action volunteer care services, housing referral Most importantly, this bill includes a tradable and counseling services, infant mortality re- CONGRATULATING THE WESTERN greenhouse gas permit scheme that closely duction & maternal health initiative, com- NEW YORK LETTER CARRIERS resembles McCain-Lieberman’s Climate Stew- prehensive youth leadership & mentoring pro- FOR THEIR ‘‘STAMP OUT HUN- ardship Act. In 2010, our bill would cap carbon gram, HIV/AIDS outreach services, and a GER’’ WIN dioxide emissions at 2000 levels. This would Food Pantry program which feeds hundreds of also include an auction for 5–10 percent of the people weekly. HON. BRIAN HIGGINS permits for new entrants. As Members of Con- Rev. Jonathan Owhe is the Chairman of the OF NEW YORK gress we are continually amazed that many of Rockgate Tours, a transportation ministry— IN THE HOUSE OF REPRESENTATIVES our colleagues have yet to accept global taking passengers all over the United States. warming as fact. Many of us have seen the ef- He sits on various boards and steering com- Thursday, June 9, 2005 fects of global warming with our own eyes— mittees of major health and social service or- Mr. HIGGINS. Mr. Speaker, I rise today to the disappearing glaciers in Glacier National ganizations including the Brooklyn Prenatal congratulate the Western New York Letter Park, the melting permafrost in the Arctic, the Network Inc., Brooklyn Pediatric Health Net- Carriers for coming in first in the National As- disintegration of ice shelves, the rapidly rising work, New York City Comprehensive Prenatal sociation of Letter Carrier’s ‘‘Stamp Out Hun- temperatures, and the sudden appearance of Network, and the Greater Southern Coalition ger’’ food drive. birds and other animals in places where they Network. On June 7th, the NALC announced that have never before existed. Global warming is Rev. Owhe has a television program called Branch 3 of Buffalo/West New York managed about as much a theory as gravity, yet some Hour of Restoration, which reaches thousands to collect a whopping 1,896,038 pounds of do- in Congress continue to ignore nature’s warn- of homes each week. He and his wife, Toyin, nations, placing them in the lead for a third ing signs. Congress needs to embrace a pol- have five children. Mr. Speaker, Rev. Jona- consecutive year. The resolve of the 2,100 icy that directly confronts the problem of cli- than Owhe has continuously demonstrated his members of Branch 3 to collect and process mate change with the kind of innovative tech- dedication to his community through his role donations at community food banks is com- nology that has made science aware of these as a religious leader and his commitment and mendable, and it is just another example of issues. generosity in helping others that he is more the hard work and dedication that our letter The New Apollo Energy Act is revenue neu- than worthy of our recognition today. carriers put into their jobs. tral. This bill is funded by closing corporate tax f The National Association of Letter Carriers shelter loop-holes, and from funds generated is over 100 years old and the Buffalo/Western RECOGNIZING SOUTHERN ILLINOIS by the carbon emissions cap and trade pro- New York branch was one of the founding AIRPORT AS THE 2005 RECIPIENT gram set up in this bill. branches in the union. The members are ac- OF THE GENERAL AVIATION AIR- f tive in both labor issues and the community. PORT OF THE YEAR AWARD The post officers are considered neighbors A TRIBUTE TO REV. JONATHAN and friends, delivering mail daily and offering OWHE HON. JERRY F. COSTELLO reliable service to residents throughout the OF ILLINOIS county. Despite long winters and the harsh HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES cold, each year the postal carriers have been OF NEW YORK Thursday, June 9, 2005 dependable and enthusiastic, and their first IN THE HOUSE OF REPRESENTATIVES Mr. COSTELLO. Mr. Speaker, I rise today to place position in the ‘‘Stamp out Hunger’’ food Thursday, June 9, 2005 ask my colleagues to join me in recognizing drive perfectly illustrates these traits. Mr. TOWNS. Mr. Speaker, I rise to honor Southern Illinois Airport for being awarded the I would like to thank all the letter carriers for Rev. Jonathan Owhe, a native born Nigerian General Aviation Airport of the Year for 2005 their tireless efforts and to thank the union la- who immigrated to the United States of Amer- by the Illinois Department of Transportation. borers in Buffalo and throughout Western New ica in 1989 in answer to God’s Call to restore Southern Illinois Airport is located between York. The union workers of my district com- a dying world. Rev. Owhe, a distinguished Carbondale and Murphysboro, and is among prise the foundation of our sense of commu- scholar holds a bachelors of arts in earth the busiest airports in the State, with 120,000 nity and values. We would be lost without their science, masters of science in non-profit man- takeoffs and landings each year. In addition to help. I would like to express my appreciation agement and ministry ordination/licenses from the private and business customers who use and gratitude for the indispensable part that Assembly of God’s Church, Coastville, PA. the airport on a daily basis, Southern Illinois they play in our daily lives, and to congratulate Since coming to the United States he has Airport is also home to the aviation manage- them in their ‘‘Stamp Out Hunger’’ food drive served in different capacities and worked with ment and flight programs for Southern Illinois win. various organizations and community leaders. University Carbondale. f He once served as a special assistant to Rev. The airport is designed to accommodate air- craft from the smallest propeller airplanes to FREEDOM FOR HORACIO JULIO Clearance Williams, pastor of the House of ˜ Prayer Church; director of project & program, the small jets used in business fleets. Its prox- PINA BORREGO vice president of human resource under the imity to the commercial, recreational and edu- late Chief Adebowale Joshua of Central cational facilities of Southern Illinois make it HON. LINCOLN DIAZ-BALART Brooklyn Coordinating Council; director of convenient for the private or business traveler. OF FLORIDA Human Resource/Public Relations/Grants Location alone is not responsible for the IN THE HOUSE OF REPRESENTATIVES success of Southern Illinois Airport. Airport under Ngozi Moses of Brooklyn Perinatal Net- Thursday, June 9, 2005 work. manager Gary Shafer and approximately 200 In 1995 Rev. Jonathan Owhe and his wife full and part-time employees have earned Mr. LINCOLN DIAZ-BALART of Florida. Mr. started the Christ The Rock International through their hard work and commitment to Speaker, I rise today to speak about Horacio Church in their living room with just a couple excellence no only the General Aviation Air- Julio Pin˜a Borrego, a political prisoner in totali- of members. The church now has over 400 port of the Year Award for 2005 but the con- tarian Cuba. parishioners at its Brooklyn headquarters as tinued respect and confidence of the flying Mr. Pin˜a Borrego is a pro-democracy activist well as two branches in Tennessee and Geor- public. This marks the fourth time that South- in totalitarian Cuba. He is a member of the gia and over 300 churches in Africa, Asia, and ern Illinois Airport has been the recipient of Party for Human Rights in Cuba. Because of Europe. this prestigious award, the second highest his belief in freedom, democracy, and human Rev. Owhe is a community oriented indi- number among all the airports in the state of rights, Mr. Pin˜a Borrego has been a target of vidual. Concerned with the health disparities Illinois. the nightmare called the Castro regime.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12187 According to Amnesty International, in 2001 clude non-furniture departments and was re- specialty training to serve in the United States Mr. Pin˜a Borrego was detained by the tyrant’s sponsible for initial store acquisition and con- Air Force as a captain and commander of the security thugs. However, despite constant har- struction for all the company’s locations. The 3910th USAF Hospital in Mildenhall/ assment, and the ever present threat of being company had more than 100 stores by the Lakenheath, England, during the Korean War. thrown in the gulag for his beliefs, Mr. Pin˜a time he retired as vice chairman of the board Later, he would continue his commitment to Borrego bravely persisted in advocating for in 1984. providing quality medical care to military vet- human rights and freedom. Mr. Krumbein was also a dedicated philan- erans through his service to the Dorn Vet- On March 19, 2003, as part of the dictator’s thropist and activist. He served as chair of the erans Administration Medical Center in Colum- condemnable crackdown on peaceful pro-de- Virginia Chapter of the Anti-Defamation bia, SC. mocracy activists, Mr. Pin˜a Borrego was ar- League as well as on the National Board. For Dr. Dargan completed his training in tho- rested because of his belief in freedom and his service, he was made an honorary life racic and cardiovascular surgery at Boston human rights. In asham trial, he was sen- commissioner of the ADL. Also, Mr. City Hospital, achieving the post of chief resi- tenced to 20 years in the inhuman, totalitarian Krumbein’s commitment to the fair treatment dent surgeon, and became a thoracic surgical gulag. for all people led to his involvement in the de- instructor at Boston University Medical Center Mr. Pin˜a Borrego is currently languishing in velopment of the Council of America’s First in Massachusetts. He returned to New York an abhorrent, inhuman cell in the totalitarian Freedom. He was a strong proponent of edu- and continued his commitment to academic gulag. These depraved conditions are truly ap- cation, conservation, and equality for all and medicine as a researcher and instructor palling. The State Department describes the worked enthusiastically throughout his life to through various appointments, including asso- conditions in the gulag as, ‘‘harsh and life improve our society. Among all of his commit- ciate professor of surgery at the Albert Ein- threatening.’’ The State Department also re- ments, Mr. Krumbein continued his work as a stein College of Medicine, chief of surgery at ports that police and prison officials beat, ne- pharmacist and received the Virginia Out- Lincoln Hospital, and director of surgery at glect, isolate, and deny medical treatment to standing Pharmacist Award in 2002. Sydenham Hospital. In keeping with his com- detainees and prisoners, including those con- Mr. Krumbein is survived by his wife of 61 mitment to academic surgery as teacher, prac- victed of political crimes. It is a crime of the years, Amy Meyers Krumbein; three sons, titioner and researcher, he taught medical stu- highest order that people who work for free- Charles Krumbein, Michael Krumbein, and Lee dents and surgical residents for more than 12 dom are imprisoned in these nightmarish con- Krumbein; and one daughter, Joyce Slater. years. Dargan expected perfection and taught ditions. Mr. Speaker, I hope you will join me in hon- his students what he learned from his mentor, Because of courageous Cuban men and oring Nathaniel Krumbein and offering our sin- Dr. Finley. At Lincoln Hospital, he met his fu- women, like Mr. Pin˜a Borrego, freedom and cerest condolences to his family and friends. ture wife, a registered nurse and flight attend- democracy are on the march in Cuba. These f ant at TWA, Carol Poyner. pro-democracy activists languish in abhorrent Dargan has published many surgical papers dungeons, they defy the dictator’s machinery TRIBUTE TO DR. EVERETT L. in leading national medical journals and has of repression and, despite every threat and DARGAN participated in preparing practicing surgeons obstacle, these opposition leaders continue to for board certification. He has given presen- demand liberty for the people of Cuba. HON. JAMES E. CLYBURN tations at national and international medical Through their bravery and because of their un- OF SOUTH CAROLINA meetings. Dargan returned to South Carolina wavering commitment and the hard work and IN THE HOUSE OF REPRESENTATIVES in 1978 and began a private practice in tho- commitment of countless other patriots, Cuba racic, vascular and general surgery in Colum- will be free again. Thursday, June 9, 2005 bia, sharing an office with the late Dr. Cyril O. Mr. Speaker, Mr. Pin˜a Borrego is suffering Mr. CLYBURN. Mr. Speaker, I rise today to Spann, who had urged him to come home. in a grotesque gulag because he believes in pay tribute to Everett L. Dargan, an out- Two years later, Dargan and Dr. Gerald A. human rights. My colleagues, we cannot allow standing surgeon, a devoted husband and fa- Wilson formed Midlands Surgical Associates, peaceful pro-democracy activists to languish in ther, and an all-around good citizen of South P.A., out of a shared sense of commitment to the depraved prisons of tyrants. We must de- Carolina. competent, compassionate, and appropriate mand immediate and unconditional freedom At the age of 15, Everett Dargan, a native patient care in South Carolina. The practice for Horacio Julio Pin˜a Borrego and every pris- of Columbia, won a scholarship to Morehouse has grown to include Dr. Dennis A. Wilson. In oner of conscience in totalitarian Cuba. College in Atlanta. He later transferred to the 1979, Dr. Dargan joined the faculty of the Uni- University of Buffalo in upstate New York f versity of South Carolina as a clinical asso- where he earned a bachelor’s degree in biol- ciate professor of surgery, hoping to inspire a REMEMBERING NATHANIEL ogy in 1949. Dargan credits the faculty and new generation of physicians to provide com- KRUMBEIN administration of Morehouse College, in par- passionate medical services to South Caro- ticular then-Morehouse College President Ben- linians. HON. ERIC CANTOR jamin E. Mays, Ph.D. and Harold Eugene Fin- Dr. Dargan is a founding member of Physi- OF VIRGINIA ley, Ph.D., for instilling a lifelong sense of aca- cian’s Health Plan of South Carolina, now IN THE HOUSE OF REPRESENTATIVES demic discipline, the inspiration to dream that a career in medicine was possible for him, and Carolina Care Plan, a fellow of the American Thursday, June 9, 2005 a dedication to personal excellence. ‘‘Dr. Fin- College of Surgeons, and a former chief of Mr. CANTOR. Mr. Speaker, I rise today to ley put me into warp speed and opened up staff at Palmetto Health Richland. A life mem- honor the passing of Nathaniel Krumbein. Nat new worlds to me—embryology, anatomy and ber of the National Association for the Ad- Krumbein was a pillar of the Richmond com- zoology. Seeing bacteria and red blood cells vancement of Colored People, he is also a munity and a key figure in the growth of the was like discovering new life forms on ‘Star member of the Kappa Pi and Alpha Omega Richmond-based Heilig-Meyers furniture com- Trek.’ He was a taskmaster and insisted on Alpha medical honor societies. The Dargans pany. perfection,’’ Dargan recalls. ‘‘But he also had have two children, Jennifer Dargan and Cath- Mr. Krumbein was a successful pharmacist a sense of humor. He was my mentor.’’ erine Dargan Phelps; a son-in-law, Peter in Charlotte, North Carolina before moving to Dargan contined his education at Howard Phelps; and two much-loved grandchildren, Richmond in 1950 in order to help with his University’s College of Medicine where he Addison Morgan Phelps. wife’s family business. He worked with chair- earned his M.D. and also won First Prize in Dr. Dargan is being honored in his home- man and CEO Hyman Meyers and President Medicine. After medical school, he completed town next Thursday night and I ask you, my and vice chairman Sidney Meyers to help his internship at Kings County Hospital Center colleagues, to join me in congratulating him Heilig-Meyer become the Nation’s largest fur- in Brooklyn, NY, and was later named chief and commending the University of South niture retailer. As one of the owners and the resident surgeon at the Bronx Municipal Hos- Carolina for helping all Columbians recognize creative force behind the company, he is cred- pital Center of the Albert Einstein College of Dr. Dargan’s contributions by establishing a ited with the expansion of product lines to in- Medicine in New York. Dargan interrupted his scholarship at its medical school in his name.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12188 EXTENSIONS OF REMARKS June 9, 2005 TRIBUTE TO DELORES M. HANDY patience and continued generosity even when rarily relinquished her self-proclaimed posi- criticized and challenged. Their love is a wit- tion as center of the universe and willingly ness to the divine spirit within all of us and assumed more responsibility at home be- HON. CHARLES W. BOUSTANY, JR. we thank you for them. cause I had a test scheduled or a paper due. OF LOUISIANA Their gift of self to each other reveals the And the professors who gave so generously IN THE HOUSE OF REPRESENTATIVES richness of the union of husband and wife in of their time and talents: Professors Kelly the sacrament of marriage. We ask you to Koermer, Robyn Brown, Karen Cook, Mona Thursday, June 9, 2005 continue to bless their love with your grace. Clark, Stanley Robbins, Susan Kilgard, Rich- Mr. BOUSTANY. Mr. Speaker, I rise today Jack and Joyce have united in a strong and ard Faircloth, Sarah Glenn, Cathy Hayes, Sherry Hopkins, Wade Taylor. I could go on to acknowledge the hard work and dedication productive way in service to their country. As one nation under God, we appreciate their and on as I’m sure each of you could as you of one of the constituents in my district. dedication and love of country. If every remember those dedicated teachers who were Delores M. Handy has been a valuable em- member of Congress had such a supportive a profound influence on you. ployee of the Acadia Parish Tax Assessor’s spouse, the laws of our land would be more in Sometimes it was a staff member—like Office for over three decades. On June 30th, accord with your will, bringing peace Miss Ina in the Florestano student lounge 2005, she will retire after 33 years of service through justice. Please, dear Lord, continue my first year. Even though she wasn’t offi- to her community. to bless them with vigor, insight and cour- cially scheduled to open until 8:30, she was age. there every morning at least an hour early, This woman, affectionately known as Dee, dispensing hot coffee and encouragement. has become a friendly face in local govern- We ask your care for our young men and women in uniform all throughout the world Often, it was a classmate: the student ment. The most common phrase used to de- who are in harm’s way. Inspire them and older than I—in his seventies—still seeking scribe her is ‘‘tremendous asset.’’ Working at make them shining witnesses to justice knowledge and growth and intellectual stim- the counter in the Assessor’s Office, she will wherever they serve. ulation. Or the 18-year-old who took the ear- always be remembered as a woman who Please bless our celebration of Jack and liest classes available so she could hurry greeted every customer with a smile and an Joyce’s 50th. Bless this food we are about to home to care for her ailing mother. And all receive from your bounty, as we have faith of the amazing single parents juggling fami- offer to help them solve whatever problems lies and full-time jobs and still managing to they were facing. Through the years, she has in you, our God, who lives forever and ever, Amen. attend every class, turning in every assign- developed friendships with people from every ment on time. walk of life and no one left her office without f But perhaps the most compelling influence feeling like she had done everything possible VALEDICTORY ADDRESS BY LINDA was a sense of history and an appreciation for what many Americans take for granted. to serve their needs. HOWARD GARRETT I join the residents of Acadia Parish, along I gained that appreciation while serving for 26 years with the U.S. Army. During that with the people of the seventh District, in time I had the opportunity to travel all over thanking Delores Handy for her contribution to HON. STENY H. HOYER OF MARYLAND the world—from the Far East to East Berlin. making Southwest Louisiana a great place to And the more I saw of the world, the more I IN THE HOUSE OF REPRESENTATIVES live. She is a fine example of what is right in came to value the freedoms and opportuni- our government and will be missed. Thursday, June 9, 2005 ties that are uniquely American. And at no time did I feel that appreciation more than f Mr. HOYER. Mr. Speaker, today I rise to during a visit to Ellis Island. submit for the RECORD the compelling state- HONORING THE 50TH ANNIVER- Over a hundred years, ago, immigrants ment of Linda Howard Garrett who gave the SARY OF CONGRESSMAN JOHN P. poured into this country seeking a better valedictory address at the Ann Arundel Com- MURTHA AND HIS WIFE, JOYCE life. And they weren’t satisfied to just be in munity College Commencement Ceremony on America. They wanted to be Americans, and May 26, 2005. that meant that they had to learn a new lan- HON. MICHAEL F. DOYLE Linda is a wonderful and inspiring example guage and a new history so they could pass OF PENNSYLVANIA of someone who has the will and persever- a citizenship test. They sought out classes ance to make a brighter future for themselves wherever they could find them—in church IN THE HOUSE OF REPRESENTATIVES basements and elementary school classrooms Thursday, June 9, 2005 and their family. Her determination and per- and community halls. sistence to go back to school later in life So when it seemed he too much effort for Mr. DOYLE. Mr. Speaker, I rise today to shows that it is never too late to pursue the me to write another brief, or struggle to honor our dear friend and colleague, JOHN P. ‘‘American Dream’’ and succeed! learn the arcane vocabulary of the law or MURTHA as he and his wife Joyce celebrate I was proud to join Linda at Anne Arundel drag myself to one more early class, I would the 50th anniversary of their marriage. I would Community College’s Commencement and am remember those immigrants who, after like to submit the following statement of Father pleased to submit her address for the working backbreaking 12-, 14-, 16-hour days, William George to honor this occasion: went willingly, joyfully to class because they RECORD. understood that every step toward that DINNER BLESSING BY FATHER WILLIAM VALEDICTORY ADDRESS BY LINDA HOWARD classroom brought them one step closer to GEORGE, S.J. AT THE 50TH ANNIVERSARY GARRETT realizing the American Dream. And when I DINNER FOR CONGRESSMAN AND MRS. JOHN ‘‘Good evening, President Smith, Congress- remembered them, I could not dishonor their P. MURTHA man Hoyer, Trustees, honored guests, fac- memory by turning in shoddy work or failing Blessed are you, God of all Creation. We ulty, staff, friends and families, classmates. to fully embrace the opportunity their leg- are created in your image and likeness and If anyone had told me 2 years ago that I acy provided because from those humble be- share the gifts you have bestowed on us, es- would be standing here tonight, I would have ginnings an entire system of adult education pecially your gift of divine Love. Source of stared in disbelief. It was with great trepi- evolved. Single scattered classes became all Love and Kindness, we thank you for the dation that I returned to school after 37 night school and then City College and jun- love we share this evening of Jack and Joyce years, and I wasn’t sure I would succeed, ior college and finally the community col- Murtha’s mature and wonderful love as we much less excel. And yet here I am—here we lege, as we know it today. celebrate their 50th Wedding Anniversary. all are because of our hard work and dedica- And although at one time the classes at St. Paul speaks of how without love, we tion to a goal. one of these local colleges was considered gain nothing; that Love is patient, love is Many people have asked me what moti- less prestigious than at the four year col- kind. It is not jealous, is not pompous, is not vated me to work so hard and to remain so leges, that is no longer true today. In re- inflated; it is not rude; it does not seek its dedicated, and as I began to think about that sponse to a growing need, as community col- own interests, it is not quick-tempered, it question, I realized there were several an- leges’ facilities and curricula expanded, so does not brood over injury, it rejoices with swers. did their reputations. Today, while commu- the truth. It bears all things, believes all It helped to know that I was enrolled in nity colleges continue to serve those who, things, hopes all things, and endures all one of the premier paralegal studies pro- because of families and jobs, need to stay things. Love never fails. (1 Cor.) grams in the country, and attending Ann close to home, they also serve those who rec- The faith that Joyce and Jack have in each Arundel—a shining star in the Nation’s net- ognize that many community colleges pro- other is witnessed to by their 50 years of work of community colleges. vide specialized programs that rival those marriage, but also how hard they work to Of course there was my family who in- available at four-year universities. support each other and their generosity to spired me by their unflagging support—espe- I hope that everyone of you as you go for- others. Their hopefulness is revealed in their cially my 14-year-old daughter who tempo- ward will also look back and remember that

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12189 you are carrying the torch for all those edu- PAYING TRIBUTE TO REV. DR. extending service not only within the areas cators and students whose commitment and NELSON ‘‘FUZZY’’ THOMPSON surrounding Kansas City, Missouri and the vision made today’s community college a re- United States, but for his contributions to the ality. And I hope you will tell all of your HON. EMANUEL CLEAVER global community. I urge my colleagues to friends and families and neighbors that the OF MISSOURI please join me in congratulating ‘‘Fuzzy’’ on first step toward realizing the American IN THE HOUSE OF REPRESENTATIVES his retirement as Pastor of Mason Memorial dream begins with an education, and that a United Methodist Church, for we know that he Thursday, June 9, 2005 first-class, top-notch education is accessible has not retired from the ministry nor from the in their backyards, right here at Ann Arun- Mr. CLEAVER. Mr. Speaker, I rise today to community, because God’s work is never del Community College. I hope that you will pay tribute to Reverend Doctor Nelson done. never take for granted the history of free- ‘‘Fuzzy’’ Thompson, a minister, humanitarian f dom and opportunity that mad it possible for and a political activist whose legacy continues you to take that step. And I hope, as you go to enrich the lives of all Kansas Citians. After RECOGNIZING JOHN NEARY UPON forward, that you will never miss the oppor- 14 years of service, on June 5, 2005, Rev. HIS RETIREMENT tunity to say, with great pride, as I say to- Thompson retired from his pastoral helm at night, I am a graduate of Ann Arundel Com- Mason Memorial United Methodist Church, HON. GEORGE MILLER munity College.’’ which is the cause of recognition and celebra- OF CALIFORNIA tion of the dedication that he exudes in all as- IN THE HOUSE OF REPRESENTATIVES f pects of service to the Kansas City commu- Thursday, June 9, 2005 nity. TRIBUTE TO MONUMENTAL BAP- Rev. Thompson’s reputation as a commu- Mr. GEORGE MILLER of California. Mr. TIST CHURCH—105TH ANNIVER- nity leader extends beyond the local or na- Speaker, I would like to take this opportunity SARY tional level, but is inclusive of the international to recognize the tremendous career of Mr. community. He was one of 22 U.S. ministers John Neary, an educator and friend who will that traveled to South Africa on a fact finding be formally honored on June 10, 2005, at his HON. DONALD M. PAYNE educational exchange, at the request of retirement celebration in Concord, California. Mr. Neary has over 33 years experience as Bishop Desmond Tutu, Nelson Mandela, and OF NEW JERSEY an educator for California’s youth, including 26 the South African Council of Churches. IN THE HOUSE OF REPRESENTATIVES years with the Mt. Diablo Unified School Dis- ‘‘Fuzzy,’’ as he is affectionately known, was trict. His remarkable commitment to the edu- one of three U.S. ministers to conduct Easter Thursday, June 9, 2005 cational system began in 1972 as a classroom services for U.S. hostages held in Tehran, Iran teacher and athletic coach. Since then he has Mr. PAYNE. Mr. Speaker, I ask colleagues in 1980. He was also one of 17 U.S. ministers served as teacher, coach, athletic director, here in the House of Representatives to join and activists who served as official observers vice principal and principal. In all of these for the first election ever held in South Africa me as I rise to acknowledge the Monumental roles he delivered high-quality education and that allowed the right to vote to all races. He Baptist Church of Jersey City, NJ as it cele- maintained a strong commitment to his stu- said it was a humbling experience seeing peo- brates its 105th anniversary. Established in dents. Mr. Neary works with incredible heart ple lining up the night before and standing in 1900, Monumental was incorporated in 1904 and has consistently placed ‘‘the student first’’ line for blocks in order to exercise their right and has been serving the needs of its con- in all his endeavors. He routinely showcased to vote for the first time. gregation and the community continuously. his commitment by attending every school Since 1984, Rev. Thompson has been a event from drama to water polo. Throughout the illustrious history of Monu- delegate to the Democratic National Conven- For the past 7 years Mr. Neary has served mental Baptist Church, effective leadership tion. He served as regional coordinator of Rev. as principal of Clayton Valley High School. has been at the core of all the accomplish- Jesse Jackson’s 1984 Presidential campaign The students and faculty have been fortunate and as the Missouri State Coordinator of the ments the church has had. Beginning with to have him at the helm and will surely miss Jackson Campaign in 1988. ‘‘Fuzzy’’ is cur- Pastor William Edwards and continuing with his presence. Mr. Neary has invested all that rently president of the Kansas City Chapter of Pastors Garlick, Smith, Fitzgerald, Webb, Ash- he has to give and is well loved and appre- the Southern Christian Leadership Con- ley and the current pastor, Reverend Joseph ciated as a result of his dedication. L. Jones, Sr., Monumental has made many ference. I congratulate Mr. Neary for his hard work He has served on the boards of Freedom and dedication to the students, faculty and enhancements over the years. In addition to Incorporated as Chairman of the Nominating community. I am pleased to join with Mt. Dia- its leadership, the success of all of Committee, Black Adoption Program and blo Unified School District and Clayton Valley Monumental’s initiatives can be attributed to Services, Human Rights Commission of Kan- High School in recognizing his outstanding the faith, hope, commitment and prayers of sas City, Missouri, and Northwest Political commitment toward education and send my the loving membership that fill the pews of this Faction. He has been involved in helping to best wishes for a happy and healthy retire- landmark facility. In fact, Monumental Baptist solve the problems of young adults, especially ment. Church is blessed to have 55 members who in the areas of education and unemployment. f have 50 or more years of continuous member- He held the position of executive director of ship. Clearly, that statistic is representative of the Martin Luther King Urban Center for 30 NATIONAL HUNGER AWARENESS the marvelous activities taking place at the years. DAY church. Rev. Thompson graduated from Lincoln Uni- versity in Jefferson City, Missouri with a bach- HON. JAMES P. MORAN Recently, Monumental Baptist Church was elor of science in education, and received a OF VIRGINIA officially approved as a 501(c)(3) religious or- master of divinity and doctor of ministry at St. IN THE HOUSE OF REPRESENTATIVES ganization. The church’s finances have im- Paul School of Theology. He has been mar- proved over the years enabling the on-going ried 39 years to Cheryl (Love) Thompson. His Thursday, June 9, 2005 renovations and upgrades to church owned mother, Marvia Thompson, was a founding Mr. MORAN of Virginia. Mr. Speaker, I rise properties. member of the St. James United Methodist today to commemorate National Hunger which I pastor. In 2003, we joined Rev. Awareness Day and to honor the Arlington Mr. Speaker, I know my colleagues agree Thompson to celebrate and mourn her death Food Assistance Center, which is located in that Monumental Baptist Church and the sur- and life. He baptized my youngest son, Evan, my congressional district. rounding community have every right to be and he has been a friend and a confidant to National Hunger Awareness Day was estab- pleased with the lasting contributions that the me for more than 30 years. lished to help inform individuals, communities, church has made to the residents of Jersey Mr. Speaker, please join me in expressing corporations and policy makers that hunger is City. I am pleased to congratulate Monumental our heartfelt gratitude to the Rev. Nelson a severe domestic issue and deserves our Baptist Church on its 105th anniversary. ‘‘Fuzzy’’ Thompson for his relentless efforts in critical attention.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12190 EXTENSIONS OF REMARKS June 9, 2005 The Arlington Food Assistance Center’s sole TRIBUTE TO GEORGETOWN inner-city elementary school, and volunteers mission is to feed the hungry. This important COUNTY her free time at Jewish charities and other action allows their clients to make other nec- groups serving the community. His late father essary purchases, such as paying for rent and HON. JAMES E. CLYBURN was deeply involved in the Jewish Nursing utilities, without having to sacrifice their health OF SOUTH CAROLINA Home of Western Massachusetts. and nutritional needs. IN THE HOUSE OF REPRESENTATIVES Since coming to Temple Emanuel in 1990, Despite the fact that Arlington County is one Rabbi Goldstein has grown his congregation, of the wealthiest areas in the country, plenty Thursday, June 9, 2005 and endeavored to make Judaism more ac- of local residents do not have enough to eat. Mr. CLYBURN. Mr. Speaker, I rise today to cessible to all who come to it with an open ear The Arlington Food Assistance Center, AFAC, recognize and commend Georgetown County, and an open mind. He has led his flock to ex- seeks to remedy this problem by distributing SC, and its efforts to make healthcare serv- plore the meaning of the Jewish faith to find bread, vegetables, meat, milk, eggs and other ices accessible to its rural population. purpose and spiritual enrichment. Under Rabbi food items to those in Arlington who are in Several years ago, Georgetown County con- Goldstein’s leadership, Temple Emanuel has need. The Arlington Food Assistance Center ceived the idea of turning a former school- expanded its membership to over 600 families currently distributes approximately 1100 bags house—purchased for just $1—into an afford- with more than 400 children in its religious of groceries each week to over 900 clients, able and accessible healthcare facility for resi- school. nearly half of whom are children. Each week, dents who previously had to travel more than In addition to his work at Temple Emanuel, families with one to three members receive a half-hour to reach needed wellness re- Rabbi Goldstein serves on the Board of the one bag of food and families of four members sources. This center is critical, since more Lawrence General Hospital, and he is a trust- or more receive two bags of food—amounts than 15 percent of citizens in the area do not ee of the Edgewood Retirement Community. that are expected to supplement a week’s have transportation, 56 percent live below 200 Rabbi Goldstein continues to foster dialogue meals. percent of the poverty level, and the commu- between Catholics and Jews at the Center for AFAC obtains surplus food at a minimal nity is not served by public transit. the Study of Jewish/Christian Relations at cost from the Capital Area Community Food I am extremely pleaded to announce the Merrimack College. Bank and at no cost from local bakeries, su- completion of the Choppee Regional Resource On June 17, 2005 Rabbi Goldstein’s con- permarkets, farmer’s markets, food drives and Center, a medical ‘‘One Stop Shop,’’ providing gregation, friends, neighbors and loved ones private donors. the first step towards an integrated, holistic will recognize him for the wisdom and com- I would like to commend the staff and volun- healthcare delivery system for some of South passion he has shown to all, and for dedi- teers of the Arlington Food Assistance Center Carolina’s most underserved residents. Resi- cating his life to sharing the virtues of the Jew- who work hard to provide needy families in Ar- dents now have access to medical care, drug ish faith and heritage. lington with groceries each week. and alcohol counseling, mental health serv- The people of the Merrimack Valley, of all ices, children’s and seniors’ services, and faiths, are truly blessed to have Rabbi Gold- f adult education opportunities. stein as a friend, neighbor, counselor and spir- This center is important to me because it itual leader. INTRODUCTION OF RESOLUTION brings together key players from across the COMMENDING W. MARK FELT f State to make a difference in the individual lives of those who too often are not reached CELEBRATING THE GRAND OPEN- HON. JOHN CONYERS, JR. by broader efforts. It is these underserved ING OF MID-MISSOURI ENERGY OF MICHIGAN people who each of us is sent here to help in IN THE HOUSE OF REPRESENTATIVES any and every way we can. HON. IKE SKELTON Thursday, June 9, 2005 Georgetown County continues to develop OF MISSOURI the Choppee facilities and is now imple- IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Mr. Speaker, today I rise to menting a second phase of the project: the Thursday, June 9, 2005 introduce a Resolution commending W. Mark creation of a Family Wellness Center. To- Felt for his extraordinary service to the country gether, these resources will provide com- Mr. SKELTON. Mr. Speaker, let me take in exposing the ‘‘Watergate’’ scandal. Good prehensive healthcare, vocational, and support this opportunity to announce the grand open- faith whistle blowers like Mr. Felt represent services to benefit the county’s rural residents. ing of Mid-Missouri Energy, Inc. Many Missou- high ideals of public service and the American Mr. Speaker, please join me as I commend rians have worked hard to create this farmer- tradition of challenging abuses of power. They the Georgetown County Council, the adminis- owned ethanol production facility in Malta also provide the diversity of views and infor- trator, School District, and all those individuals Bend, MO. Ground was broken on the facility mation necessary for the checks and balances and groups who have been so personally in- on October 4, 2003, and the facility was in a democracy. volved in making this center a reality. Without opened for business on June 3, 2005. As the world now knows, Mr. Felt, the then your help, the citizens of Choppee would still From the time I was young, I was taught Deputy Director of the FBI, disclosed that he be forced to travel great distances, at great that a farmer’s livelihood depends on two was the confidential source known as ‘‘Deep expense and effort for the day-to-day services things: the weather and the markets. With the Throat,’’ that assisted Bob Woodward and Carl they need to live healthy, productive lives. opening of Mid-Missouri Energy, farmers will Bernstein in their investigation of the Water- f have an additional market for their corn and gate scandal, which eventually led the House will be able to get more bang for their agricul- to the verge of impeachment and the ultimate TRIBUTE TO RABBI ROBERT S. tural buck. Missouri farmers, especially those resignation of President Nixon. GOLDSTEIN who make the Fourth District home, will now Quite frequently, it is courageous whistle have a facility that allows them to capitalize on blowers such as Mr. Felt who are responsible HON. MARTIN T. MEEHAN the growing renewable fuel opportunities for disclosing corruption in our government. OF MASSACHUSETTS across the nation. Ethanol production is not We have no doubt that absent Mr. Felt’s in- IN THE HOUSE OF REPRESENTATIVES only beneficial to the farmers of America, but volvement, we would never have learned to the American public at large. Ethanol is a about the illegalities and obstruction of justice Thursday, June 9, 2005 renewable energy resource that, when utilized at the highest levels of our government, up to Mr. MEEHAN. Mr. Speaker, I rise today to most effectively, will reduce America’s de- and including President Nixon. honor Rabbi Robert S. Goldstein. Rabbi Gold- pendency on imported oil and decrease pollu- This Resolution recognizes that Mr. Felt was stein is a community leader, spiritual advisor, tion. not only a courageous public servant, willing and dear friend. For 15 years, Rabbi Goldstein The ethanol production facility in Malto Bend to risk his career to expose wrongdoing, but a has led the congregation at Temple Emanuel will also benefit the rural economy. Farmers model agent and administrator as well. I there- in Andover, MA. will not only have an additional market for their fore believe it is altogether fitting and proper Rabbi Robert Goldstein was born in Spring- corn, but Mid-Missouri Energy will employ that Mr. Felt’s service be commemorated and field, MA in 1953. He was raised in a large ad rural citizens and will have a far reaching, honored by the Congress. compassionate family. His mother taught in an positive impact on the local economy. Mid-

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12191 Missouri Energy’s founding fathers, especially about the injustice done to here grand- A June 9th article in the Miami Herald enti- Ryland Utlaut and Don Arth, deserve credit for mother. tled ‘‘Senior U.S. official visits unsettled Haiti’’ making Mid-Missouri Energy a reality. She says that her grandfather, Charles points out that the ongoing instability is caus- Pierce, went in 1923 to pay the overdue prop- As Mid-Missouri Energy opens and begins erty taxes with $100 he had saved from his ing widespread discontentment with the in- to produce ethanol, I know that Members of job with Henry Flagler’s railroad. But he was terim government led by Prime Minister Ge- Congress will join me in honoring their out- never seen again—probably murdered for the rard Latortue. The lack of confidence is even standing work. money. being voiced by respected and influential f ‘‘My grandmother would have paid those members of Haitian society, such as Ariel taxes if she’d been able to read,’’ Ayers told Henry, a member of the U.N. sanctioned TRIBUTE TO GEORGIA JONES me. ‘‘But she was illiterate and couldn’t read ‘‘Council of Wisemen’’ which nominated AYERS: COMMUNITY LEADER, the notices. So she lost her home for a few dollars.’’ It was on land in Allapattah be- Latortue to head the interim government. CIVIL RIGHTS CHAMPION AND Mr. Henry has gone so far as to call the ROLE MODEL tween 46th and 50th streets and 12th and 14th avenues that had been set aside for black governmental performance of the country a railroad workers. But Ayers says whites failure, and has warned that the Council of El- HON. KENDRICK B. MEEK eventually wanted the land and found ways ders may call for Latortue’s resignation if OF FLORIDA to seize it. First, through foreclosure be- some semblance of stability is not achieved IN THE HOUSE OF REPRESENTATIVES cause of unpaid taxes. soon. ‘‘And then on Aug 1, 1947 at 11 a.m. the po- It has been over a year since the forced re- Thursday, June 9, 2005 lice came in and evicted 35 families, includ- ing mine, because they wanted the land for moval of President Jean-Bertrand Aristide, the Mr. MEEK of Florida. Mr. Speaker I rise in nation’s democratically elected leader. Without tribute to Georgia Jones Ayers, a community an all-white school.’’ That was Allapattah Elementary. Ayers question, conditions in the country are worse servant and civil rights pioneer who for dec- attended Liberty City Primary, the prede- since Aristide’s removal due to the widespread ades has spent her days righting the wrongs cessor to what is now Charles R. Drew Ele- violence and human-rights violations per- she sees in society. I have known her for mentary. On the 25th anniversary of the petrated by the lawless elements which over- many years, and, I can speak from first-hand McDuffie riots we stood across from the threw the Aristide government. experience about the positive impact she has school in an empty lot at Northwest 62nd Indeed, 700 people have died in less than had on our community and on the lives of Street and 17th Avenue. One of the many empty lots along Martin Luther King Boule- a year in Haiti. The violence is escalating to countless young people. She says what she such a level that the U.S. State Department’s thinks, she stands up for what she believes in, vard since the 1980 riots. ‘‘I knew Arthur McDuffie,’’ she says. ‘‘He top official for the Americas, Roger Noriega, and she works hard to achieve her goals. She sold insurance like I did for many years. He arranged a last-minute visit this week to as- is a person of intelligence, determination and was a sweet, gentle man.’’ sess the situation. Secretary of State Rice her- accomplishment. On the Saturday in May 1980 when four self labeled the developments in Haiti ‘‘trou- Some of Ms. Ayers’ experiences and deeds Metro policemen were acquitted of beating bling’’ on Monday, and called for close exam- were recently chronicled by South Florida’s McDuffie to death, Ayers went to the Metro Justice Building with other black leaders to ination of the strength of the country’s U.N. preeminent political reporter, Michael Putney, force. in an article that ran in the Miami Herald on organize a peaceful protest. ‘‘We wanted an orderly meeting where people could vent On the election front, all is not well. The na- June 1, 2005. I want to share this article with their anger,’’ she recalls. tion’s electoral council is stricken by internal my colleagues, so they can get a sense of this The anger could not be contained. Injustice strife and wrangling. A campaign to register up remarkable woman’s character. is a great motivator. It’s what keeps Ayers to 4.5 million eligible voters has signed up [From the Miami Herald, June 1, 2005] going with vigor. only 113,000 in a month and a half. The only She’s upset that Haitian immigrants fail COMMUNITY ACTIIVIST, INJUSTICE IS A GREAT party with wide support among Haiti’s impov- MOTIVATOR to recognize or respect what American blacks went through here before they ar- erished majority is the Lavalas Party of former (By Michael Putney) rived. She’s upset that black kids who strug- President Jean-Bertrand Aristide. Still angered Community activist Georgia Jones Ayers gle to learn standard English are expected to by his removal, the party has so far refused to carries more than memories of racism in learn Spanish. ‘‘I’m not prejudiced against participate in the upcoming election. Miami; she carries the proof. She keeps it in Haitians or Cubans. I just want people to re- All this presents a very troubling picture for her purse as a constant reminder. It’s a spect our heritage.’’ She says this caressing Haiti. In the short-term the U.N. force must be yellowed, well-worn abstract of title to her that abstract of title, which is smooth from increased. In addition, all the stakeholders in- grandmother’s home in ‘‘Railroad Chops touching but still carries a sharp sting. (sic), Colored Addition.’’ That’s the home I generally reject the idea of reparations volved must take a long and hard look at where Ayers, now 76, was born and raised. for slavery. Many generations stand between whether the scheduled date for Haitian elec- And which her grandmother, Eliza Pierce, us and the direct victims, although the tions is practical considering the current re- lost to the city of Miami, in a racist land shame of slavery endures. But Ayers is still ality. grab and for $3.29 in unpaid taxes. The tax very much alive, and she carries proof of the [From the Miami Herald, June 9, 2005] sale is dated Aug. 29, 1924. racism that robbed her family. Twice, in ‘‘It’s because of this,’’ she says, bran- SENIOR U.S. OFFICIAL VISITS UNSETTLED fact. How do we repay her? I’m not sure, but HAITI dishing the legal document like a dark talis- we can begin by simply saying thank you for (By Jacqueline Charles and Joe Mozingo) man, ‘‘that I am who I am and do what I do.’’ channeling so much anger into so many good For more than half a century, Ayers has works. The U.S. State Department’s top man for worked to right what she considers wrongs Latin America and the Caribbean arrived in f done to her community, and by her commu- Haiti on Wednesday to assess a surging wave nity. Currently, she runs Alternatives to In- THE CURRENT SITUATION IN of violence and increasing demands for the carceration out of the Metro Justice Build- HAITI resignation of U.S.-backed Prime Minister ing where first-time offenders are released to Gerard Latortue. her custody to complete programs that allow Deputy Assistant Secretary of State Roger them to avoid having a permanent criminal HON. CHARLES B. RANGEL Noriega met with the political head of the record. OF NEW YORK U.N. peacekeeping mission and other top of- Then there’s her Janet Reno New Chance IN THE HOUSE OF REPRESENTATIVES ficials in Haiti at the start of his two-day Alternative School, which takes disruptive visit. sixth-to-eighth graders and instills discipline Thursday, June 9, 2005 Haiti’s violence has turned so worrisome and learning in them. ‘‘I don’t believe in bru- Mr. RANGEL. Mr. Speaker, I rise to make that even the so-called Council of Wisemen— tality,’’ Ayers says, ‘‘but when I was in note of the distressing developments unfolding a group of respected Haitians that picked school I’d get a spanking for arriving late. in Haiti. The situation in that country is becom- Latortue to head the interim government These days you tell ’em you’re going to tan ing increasingly unstable, with elections after the hasty departure of former Presi- their backside, and they say they’ll call HRS dent Jean-Bertrand Aristide last year—has (the predecessor to DCF). But that’s what scheduled to take place a few months from lost confidence in him. some of ’em need.’’ now. The current state of Haiti does not bode ‘‘It’s a failure,’’ said Ariel Henry, a neuro- Make no mistake, Ayers is tough. And well for a peaceful and legitimized election surgeon and vice chairman of the seven- smart. And still angry after all these years process. member council. ‘‘There is no governance.’’

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12192 EXTENSIONS OF REMARKS June 9, 2005 He added that the council will soon issue an ers to apply for Federal grant money to per- ally, housing generates more than 22 percent ultimatum to Latortue: bring the country form research on tissue which would other- of the Gross Domestic Product and accounts under control in 30 days or resign. wise be discarded as medical waste. I have for nearly 40 cents of every dollar spent. What leverage the council has is unclear. But Henry’s statement carries political heard some of my colleagues say that they America’s housing markets are the envy of the weight. are against the creation of embryos for the world. We enjoy the lowest interest rates and During the weekend, a meeting of about 20 purpose of scientific research, and I agree. the highest homeownership rates of any de- political parties sponsored by the U.N. mis- This bill would not allow research on any lines veloped nation. In fact, the national homeown- sion here came largely to the same conclu- of stem cells unless they had been created for ership rate in the United States has reached sion about Latortue, although three major reproductive purposes and if the people in- a record high of 69.1 percent and more than parties say they would not go so far as to volved grant their consent. I do not believe half of all minority families are homeowners. call for his resignation. that this bill would encourage the creation of Over 73.4 million Americans are now home- The Bush administration has pinned its hopes for stability on Latortue’s ability to more embryos because the bill would not owners, with many more achieving this goal pave the way for elections this fall. But allow funding to be used if the donating par- on a daily basis. many Haitians doubt the country is ready, ties had received any compensation for the Homeownership is the single largest creator given a paroxysm of recent violence in the donation of tissue for research. of wealth for Americans. It is the largest in- capital. It is important that we recognize that stem vestment most families will ever make and a The 7,400-strong U.N. peacekeeping mission cell research is a reality in our time, and what key to promoting long-term economic stability that began arriving in Haiti after Aristide is uncertain are the parameters through which fled during an armed revolt has not been able for all Americans. For these reasons alone, we it will be pursued. I would prefer that this type must continue to promote strong housing and to tamp down the kidnappings, carjackings of research is done at home rather than and shootouts that have left hundreds dead refinance markets in America. in recent months and have kept a ruined abroad where it can be pursued with the over- HOMEOWNERSHIP BUILDS STRONGER COMMUNITIES economy from recovering. sight of the U.S. Congress and where we can Wahington has stood by Latortue and fo- be certain of the moral restraint of American Aside from helping millions of Americans cused more on the need to strengthen the values. achieve their dreams, homeownership also U.N. peacekeeping force, which has been When the President issued his guidelines helps to build neighborhoods and strengthen criticized as too passive. Secretary of State for acceptable research on stem cells in Au- communities. Condoleezza Rice this week said the U.N. gust 2001, he acknowledged that federal fund- Families who own homes have a vital stake mission needed to increase its forces or con- ing could be appropriate, provided that it was duct more aggressive operations. She ap- in their communities, a stronger interest in the peared to reject a growing push among the done so in a moral way. In his judgment, a safekeeping of their neighborhoods, and a Haitian political class for the return of the moral way included research with the informed deeper commitment to the quality of their U.S. Marines deployed here in the three consent of the donors involving excess em- schools and libraries. Each home is a critical months after Aristide’s departure. She said bryos created solely for reproductive pur- piece in a successful neighborhood, allowing it was crucial that the Brazilian-led force in poses; and that it was done without any finan- families to enjoy community events together Haiti succeed. cial inducements to the donors. ‘‘It was a real breakthrough for this hemi- and share in the lives of their neighbors and I believe that H.R. 810 respects human life friends. Owning a home also provides children sphere to have Brazil in the lead and then to in the way that we should by allowing sci- have other Western Hemisphere states actu- with a place to learn, play, and grow, and ally engaged in peacekeeping,’’ Rice said at entists to use human tissue which would oth- gives homeowners a tangible stake in their cit- a news conference Tuesday. ‘‘We are devoted erwise be discarded as medical waste, and I ies and towns. As millions of American fami- to making that mechanism work, and so we urge my colleagues to support its passage. lies have demonstrated, increased homeown- are talking with the U.N. about what more f ership helps to build better communities, and needs to be done.’’ better communities help to build a Better Chantal Regnault contributed from Port- RECOGNIZING NATIONAL HOME- au-Prince. OWNERSHIP MONTH AND THE IM- America. f PORTANCE OF HOMEOWNERSHIP CONGRESS’S ROLE IN PROMOTING HOMEOWNERSHIP IN THE UNITED STATES STEM CELL RESEARCH As responsible legislators, we need to en- ENHANCEMENT ACT OF 2005 sure that government helps, rather than im- HON. GARY G. MILLER pedes, homeownership in America. When I OF CALIFORNIA came to Congress, I made it my top priority to HON. HOWARD P. ‘‘BUCK’’ McKEON IN THE HOUSE OF REPRESENTATIVES highlight federal policies that have hindered OF CALIFORNIA Thursday, June 9, 2005 the availability of housing in this country and IN THE HOUSE OF REPRESENTATIVES to find ways for government to positively im- Mr. GARY G. MILLER of California. Mr. pact homeownership in America. While we Thursday, June 9, 2005 Speaker, I rise today to celebrate homeowner- have done much to help Americans become ship in America. Recently, the President des- Mr. MCKEON. Mr. Speaker, over the past homeowners, we must do more. I firmly be- ignated June as National Homeownership couple of weeks, I have heard from all sides lieve that Congress must cultivate an environ- Month as he has done for the past three of this very impassioned debate regarding the ment where more Americans can turn the years. To complement this designation, I have issue of stem cell research. There are many dream of homeownership into reality. arguments on both sides which resonate with introduced a resolution to recognize National compassionate people, and I have taken a Homeownership Month and the importance of I URGE MY COLLEAGUES TO SUPPORT HOMEOWNERSHIP great deal of time and reflection to reach my homeownership in the United States. This res- MONTH current position in favor of stem cell research olution expresses the sense of Congress that I am very pleased to see the President has as provided under H.R. 810. the House of Representatives: made it a priority to promote affordable hous- As a Member of Congress, I have been a (1) fully supports the goals and ideals of Na- ing and homeownership. The Administration very consistent supporter of the value of tional Homeownership Month; and has taken a leading role in finding new and in- human life in all of its stages. I have had per- (2) recognizes the importance of homeown- novative ways to expand homeownership, par- sonal experiences with diseases that hold the ership in building strong communities and fam- ticularly among minorities. I want to commend greatest hope of being treated with the help of ilies. the hard work of Secretary Jackson and his research on stem cells including diabetes and IMPORTANCE OF HOMEOWNERSHIP IN AMERICA team at HUD for their work in developing pro- Parkinson’s disease, and I believe that our re- For generations, the goal of owning a home grams to increase affordable housing and en- spect for human life should compel us to strive has been the bedrock of our economy and a courage homeownership. I urge my colleagues to treat diseases which are currently untreat- fundamental part of the American Dream. to recognize the importance of homeowner- able. Over the last 3 years, as we have faced the ship in the United States and reinforce our Mr. Speaker, I believe that it is important to challenges of war and economic uncertainty, commitment to providing homeownership op- closely consider what is in this bill and what is the housing and refinance markets have portunities for more Americans by cospon- not in this bill. This bill would allow research- helped to keep our economy moving. Nation- soring this important resolution.

VerDate Sep 11 2014 10:10 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR09JN05.DAT BR09JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 9, 2005 EXTENSIONS OF REMARKS 12193 TRIBUTE TO LUIS RODRIGUEZ Mayoral’s resume is long and impressive. George W. Bush in the White House in 2001 MAYORAL He served as a scout for the Pittsburgh Pi- and was named Puerto Rico’s Sports Com- rates and the Chicago White Sox from 1972 to mentator of the Year. ´ 1980 and as general manager for the Arecibo HON. JOSE E. SERRANO Mr. Speaker, as many of my colleagues al- and San Juan Baseball clubs in Puerto Rico OF NEW YORK ready know, I have a deep love and respect IN THE HOUSE OF REPRESENTATIVES from 1983-1985. He has also served as direc- tor of Spanish broadcasting for the Texas for the game of baseball. It is my belief that Thursday, June 9, 2005 Rangers and as Latin American Liaison for the it is not just a game but an institution that has Mr. SERRANO. Mr. Speaker, it gives me Detroit Tigers. In addition to this experience, helped to bridge the gap between generations great pleasure to rise today to pay tribute to Mayoral has been an important baseball of Americans. As a lover of the game, I have baseball legend Luis Rodriguez Mayoral. For broadcaster and journalist. He has broadcast a deep respect for all those who have had a his outstanding service to the game of base- over 2,000 baseball games for CBS, including hand in building and sustaining this uniquely ball, the National Puerto Rican Day Parade All-Star and World Series games, and served American institution. While the players get all will honor Mr. Mayoral by having him serve as as chief baseball correspondent for Puerto the attention, people like Luis Mayoral play a the Puerto Rican Grand Marshall for the Rico’s EI Vocero newspaper for 18 years. He key role in making the game what it is by find- world-famous parade June 12, 2005 in New also found the time to write five books about ing the players, bringing the joys of the game York City. baseball including a well received biography of to the people, and expanding its accessibility. Mayoral has been involved in baseball for the late, great Roberto Clemente. Mayoral’s efforts have not only helped to bring over thirty years as a scout, manager, jour- As a result of his hard work and dedication, new talent to the game but also new insight. nalist and author. Throughout his many years Mayoral has received numerous honors and of service to the game, he has had a positive awards. He has been honored by the Puerto For his many years of service to the game and important impact on the sport and many Rican, Mexican and Laredo-Texas Halls of of baseball, I ask my colleagues to join me in of its players. Fame. He was also a guest of President paying tribute to Mr. Luis Rodriguez Mayoral.

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