HOUSE of REPRESENTATIVES—Monday, June 13, 2005

12194 CONGRESSIONAL RECORD—HOUSE June 13, 2005 HOUSE OF REPRESENTATIVES—Monday, June 13, 2005

The House met at 12:30 p.m. and was sion; claims of sexual harassment in these countries the opportunity to called to order by the Speaker pro tem- the United Nations; an attempt to im- have the United Nations. I just hope pore (Mr. DANIEL E. LUNGREN of Cali- pose global gun control. The U.N. even they do not plan on collecting for park- fornia). thought about sending observers over ing tickets from the diplomats who do f here to assess and evaluate our elec- not pay. tion process here in the United States. Later this week we will also consider DESIGNATION OF THE SPEAKER It is noted also that our Supreme the Hyde proposal to enact serious and PRO TEMPORE Court Justices are using a U.N. treaty substantive reform at the United Na- The SPEAKER pro tempore laid be- to justify abolishing capital punish- tions. This bill appears to provide real fore the House the following commu- ment for minors. And, of course, there reform with teeth, and I look forward nication from the Speaker: is the infamous Oil For Food Program. to debating and discussing this measure. WASHINGTON, DC, This is a scandal. It is a program which June 13, 2005. has resulted in over $20 billion being Last, Mr. Speaker, in other U.N. re- I hereby appoint the Honorable DANIEL E. stolen from those who need it in Iraq form related news, hopefully this week LUNGREN to act as Speaker pro tempore on and which enriched the totalitarian re- John Bolton may finally get his up or this day. gime of Saddam Hussein. And most re- down vote in the Senate. The Presi- J. DENNIS HASTERT, cently, U.N. peacekeeping soldiers in dent’s choice to be Ambassador to the Speaker of the House of Representatives. the Congo have been discovered solic- United Nations is the right man at the f iting sex from local girls, some as right time to shake up the U.N. estab- young as 12 years old, in exchange for lishment and provide real reform to the MORNING HOUR DEBATES money and food. institution before it becomes even The SPEAKER pro tempore. Pursu- Mr. Speaker, too many times the more obsolete and outdated. ant to the order of the House of Janu- United Nations has gone against Amer- It is critically important that we ary 4, 2005, the Chair will now recog- ican values. I happen to believe that enact these serious and substantive re- nize Members from lists submitted by the American people should not be reforms, both for America and the rest of the majority and minority leaders for quired to pay for this organization un- the world. As John Bolton once said, morning hour debates. The Chair will less there is a huge amount of reform ‘‘American leadership is critical to the alternate recognition between the par- and change. We are the biggest donor success of the United Nations, an effec- ties, with each party limited to not to to the United Nations, contributing 22 tive U.N., one that is true to the origi- exceed 30 minutes, and each Member, percent of the regular operating budget nal intent of its charter’s framers.’’ except the majority leader, the minor- and nearly 27 percent of the peace- f ity leader, or the minority whip, lim- keeping budget. RECESS ited to not to exceed 5 minutes. How many American taxpayer dol- The Chair recognizes the gentleman lars went to Saddam Hussein or are The SPEAKER pro tempore. Pursu- from Florida (Mr. STEARNS) for 5 min- paying for immoral U.N. peacekeepers? ant to clause 12(a) of rule I, the Chair utes. Now more than ever we need to reas- declares the House in recess until 2 p.m. f sess our involvement with this troubled organization. This week we will Accordingly (at 12 o’clock and 36 TIME FOR REAL REFORM AT THE debate two measures that have to do minutes p.m.), the House stood in re- UNITED NATIONS with the United Nations. First, we will cess until 2 p.m. Mr. STEARNS. Mr. Speaker, last De- be debating the Science, State, Justice f cember we created an independent and Commerce appropriations bill in b 1400 panel to simply come up with ways to which we propose to pay the United AFTER RECESS make the United Nations more trans- Nations over $400 million in our annual parent and more effective. Today it is dues. I plan on speaking on this and The recess having expired, the House being reported that the panel’s work is perhaps introducing an amendment to was called to order by the Speaker pro done, and their 174-page report will make sure that none of these funds go tempore (Ms. GINNY BROWN-WAITE of soon be made available to all of us. I to pay for new headquarters that Kofi Florida) at 2 p.m. am very interested to see what this bi- Annan desires. This headquarters is es- f partisan panel has to say about chang- timated to cost $1.2 billion. PRAYER ing and reforming the United Nations. I have previously introduced legisla- I understand from this report that its tion to move the United Nations head- The Chaplain, the Reverend Daniel P. recommendations perhaps do not go far quarters out of New York City and out Coughlin, offered the following prayer: enough. It does criticize the U.N. for of the United States altogether. I still Almighty and merciful Lord, Father of all, Your ways are inscrutable, Your glory with- being too bureaucratic, but it hardly believe, in the aftermath of all of these out blemish, Your compassion for Your peo- lays the blame where I think we all scandals and all of these corruptions ple without limits and Your forgiveness for know it belongs, of course, to the Sec- and all of this anti-Americanism, and all our faulty judgments is inexhaustible. In retary General Kofi Annan. It squarely this massive waste of U.S. taxpayer the mystery of Your presence we find peace. should be on his shoulders. dollars, that Turtle Bay is no longer an Hear our prayer which rises before Here is what has occurred at the U.N. appropriate place for the United Na- You from a world scorched by violence under Mr. Annan’s watch: We have had tions. There are many other cities in and desperation because You are for- genocide in the Sudan; countries such Europe that perhaps could have the gotten, Your holy name is not invoked as Cuba, Libya, and China are on the headquarters, such as Paris, France; with reverence, Your laws are ques- U.N. Commission on Human Rights; Geneva, Switzerland; or Bonn, Ger- tioned and Your presence is doubted. kicking the United States off the many that would be perfect hosts for Because we do not know You, we have U.N.’s Narcotic Trafficking Commis- the United Nations. We should give no peace.

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 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12195 Help this Nation and the leaders of Unfortunately, the Oil-for-Food scan- Record votes on postponed questions government to resolve inner contradic- dal was only one example of a long lit- will be taken after 6:30 p.m. today. tions that words may again contain any of scandals associated with the f meaning; deliberated actions may give United Nations. This week Congress PATIENT NAVIGATOR OUTREACH evidence to words, by providing vision; will vote on the United Nations Reform AND CHRONIC DISEASE PREVEN- and agreements may unify the energies Act of 2005, which will ensure effi- TION ACT OF 2005 of Your people. ciency, accountability and effective- In You, O Lord, we place our hope for ness at the U.N. If the organization Mr. GILLMOR. Madam Speaker, I peace now and forever. Amen. fails to enact these changes, America’s move to suspend the rules and pass the contributions to the U.N. assessed bill (H.R. 1812) to amend the Public f budget will be reduced by 50 percent. Health Service Act to authorize a dem- THE JOURNAL These reforms will assure the Amer- onstration grant program to provide patient navigator services to reduce The SPEAKER pro tempore. The ican people that their dollars are used only for legitimate and valuable U.N. barriers and improve health care out- Chair has examined the Journal of the projects. When we contribute billions comes, and for other purposes, as last day’s proceedings and announces of American dollars to the United Na- amended. to the House her approval thereof. tions each year, the United States The Clerk read as follows: Pursuant to clause 1, rule I, the Jour- should not continue to pay for U.N. H.R. 1812 nal stands approved. programs that operate with essentially Be it enacted by the Senate and House of Rep- f a blank check. resentatives of the United States of America in In conclusion, God bless our troops, Congress assembled, PLEDGE OF ALLEGIANCE and we will never forget September 11. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Patient Nav- The SPEAKER pro tempore. Will the f gentleman from Ohio (Mr. BROWN) igator Outreach and Chronic Disease Preven- come forward and lead the House in the TIME TO RENEGOTIATE CAFTA tion Act of 2005’’. (Mr. BROWN of Ohio asked and was SEC. 2. PATIENT NAVIGATOR GRANTS. Pledge of Allegiance. Subpart V of part D of title III of the Pub- Mr. BROWN of Ohio led the Pledge of given permission to address the House lic Health Service Act (42 U.S.C. 256) is Allegiance as follows: for 1 minute and to revise and extend amended by adding at the end the following: I pledge allegiance to the Flag of the his remarks.) ‘‘SEC. 340A. PATIENT NAVIGATOR GRANTS. United States of America, and to the Repub- Mr. BROWN of Ohio. Madam Speak- ‘‘(a) GRANTS.—The Secretary, acting lic for which it stands, one nation under God, er, the administration, desperate after through the Administrator of the Health Re- indivisible, with liberty and justice for all. a series of failed attempts to gin up sources and Services Administration, may make grants to eligible entities for the de- f support for the Central America Free Trade Agreement, now has resorted to velopment and operation of demonstration COMMUNICATION FROM THE making all sorts of fantastic promises: programs to provide patient navigator serv- CLERK OF THE HOUSE ices to improve health care outcomes. The bridges, highways and other pork Secretary shall coordinate with, and ensure The SPEAKER laid before the House projects, and outrageous threats. the participation of, the Indian Health Serv- the following communication from the The Washington Post reported yes- ice, the National Cancer Institute, the Office Clerk of the House of Representatives: terday that Tom Donohue, President of of Rural Health Policy, and such other of- the United States Chamber of Com- fices and agencies as deemed appropriate by OFFICE OF THE CLERK, the Secretary, regarding the design and eval- U.S. HOUSE OF REPRESENTATIVES, merce, warned a group of Hill leaders Washington, DC, June 10, 2005. and business people, ‘‘If you are going uation of the demonstration programs. ‘‘(b) USE OF FUNDS.—The Secretary shall Hon. J. DENNIS HASTERT, to vote against it, it is going to cost require each recipient of a grant under this The Speaker, U.S. House of Representatives, you.’’ section to use the grant to recruit, assign, Washington, DC. We know from past experience that if train, and employ patient navigators who DEAR MR. SPEAKER: Pursuant to the per- CAFTA comes to the House floor, it have direct knowledge of the communities mission granted in Clause 2(h) of Rule II of will come in the middle of the night, they serve to facilitate the care of individ- the Rules of the U.S. House of Representa- when votes are held open, threats are uals, including by performing each of the fol- tives, the Clerk received the following mes- lowing duties: sage from the Secretary of the Senate on made on the House floor and a one-vote ‘‘(1) Acting as contacts, including by as- June 10, 2005 at 10 a.m. margin is secured to force through sisting in the coordination of health care That the Senate passed without amend- what most of us in Congress agree is services and provider referrals, for individ- ment H. Con. Res. 159. bad policy. uals who are seeking prevention or early de- Appointments: Mexico-United States Fast track won by only one vote. The tection services for, or who following a Interparliamentary Group. same Mr. Donohue said back then, ‘‘A screening or early detection service are With best wishes, I am one-vote margin is all that we could af- found to have a symptom, abnormal finding, Sincerely. ford.’’ or diagnosis of, cancer or other chronic dis- JEFF TRANDAHL, Madam Speaker, this agreement has ease. Clerk of the House. languished in Congress for more than a ‘‘(2) Facilitating the involvement of com- f year. It is time for the President and munity organizations in assisting individ- Ambassador Portman to stop wasting uals who are at risk for or who have cancer RESTORING ORDER TO THE time with toothless, meaningless side or other chronic diseases to receive better UNITED NATIONS deals. It is time to renegotiate a better access to high-quality health care services (such as by creating partnerships with pa- (Mr. WILSON of South Carolina Central American Free Trade Agree- asked and was given permission to ad- tient advocacy groups, charities, health care ment. centers, community hospice centers, other dress the House for 1 minute and to re- f health care providers, or other organizations vise and extend his remarks.) in the targeted community). Mr. WILSON of South Carolina. ANNOUNCEMENT BY THE SPEAKER ‘‘(3) Notifying individuals of clinical trials Madam Speaker, Saddam Hussein was PRO TEMPORE and, on request, facilitating enrollment of able to siphon off almost $10 billion The SPEAKER pro tempore. Pursu- eligible individuals in these trials. from a UN-administered program that ant to clause 8 of rule XX, the Chair ‘‘(4) Anticipating, identifying, and helping was designed to provide food and care will postpone further proceedings patients to overcome barriers within the to the Iraqi people. As Iraq continues today on motions to suspend the rules health care system to ensure prompt diagnostic and treatment resolution of an abnor- to recover from Hussein’s rule of dicta- on which a recorded vote or the yeas mal finding of cancer or other chronic dis- torship, I will urge the United Nations and nays are ordered or on which the ease. to recover these funds for the Iraqi peo- vote is objected to under clause 6 of ‘‘(5) Coordinating with the relevant health ple. rule XX. insurance ombudsman programs to provide

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12196 CONGRESSIONAL RECORD—HOUSE June 13, 2005 information to individuals who are at risk nation of the demonstration grant program bers may have 5 legislative days within for or who have cancer or other chronic dis- under this section with existing authorized which to revise and extend their re- eases about health coverage, including pri- programs in order to facilitate access to marks and include extraneous material vate insurance, health care savings accounts, high-quality health care services. on H.R. 1812, as amended. ‘‘(j) STUDY; REPORTS.— and other publicly funded programs (such as The SPEAKER pro tempore. Is there Medicare, Medicaid, health programs oper- ‘‘(1) FINAL REPORT BY SECRETARY.—Not ated by the Department of Veterans Affairs later than 6 months after the completion of objection to the request of the gen- or the Department of Defense, the State chil- the demonstration grant program under this tleman from Ohio? dren’s health insurance program, and any section, the Secretary shall conduct a study There was no objection. private or governmental prescription assist- of the results of the program and submit to Mr. GILLMOR. Madam Speaker, I ance programs). the Congress a report on such results that in- yield myself such time as I may con- ‘‘(6) Conducting ongoing outreach to cludes the following: sume. health disparity populations, including the ‘‘(A) An evaluation of the program out- Madam Speaker, I rise in strong sup- uninsured, rural populations, and other comes, including— port of H.R. 1812, the Patient Navigator medically underserved populations, in addi- ‘‘(i) quantitative analysis of baseline and Outreach and Chronic Disease Preven- tion to assisting other individuals who are at benchmark measures; and tion Act of 2005. risk for or who have cancer or other chronic ‘‘(ii) aggregate information about the pa- After the House passed similar legis- tients served and program activities. diseases to seek preventative care. lation last fall, I would like to com- ‘‘(c) PROHIBITIONS.— ‘‘(B) Recommendations on whether patient mend the initiative of the gentleman ‘‘(1) REFERRAL FEES.—The Secretary shall navigator programs could be used to improve require each recipient of a grant under this patient outcomes in other public health from Texas (Chairman BARTON) in section to prohibit any patient navigator areas. bringing H.R. 1812 before us again for providing services under the grant from ac- ‘‘(2) INTERIM REPORTS BY SECRETARY.—The consideration. I was very pleased to be cepting any referral fee, kickback, or other Secretary may provide interim reports to a cosponsor of that bill last year, and I thing of value in return for referring an indi- the Congress on the demonstration grant want to commend both the gentleman vidual to a particular health care provider. program under this section at such intervals from New Jersey (Mr. MENENDEZ) and ‘‘(2) LEGAL FEES AND COSTS.—The Secretary as the Secretary determines to be appro- the gentlewoman from Ohio (Ms. shall prohibit the use of any grant funds re- priate. PRYCE) for their sponsorship of the leg- ceived under this section to pay any fees or ‘‘(3) REPORTS BY GRANTEES.—The Secretary costs resulting from any litigation, arbitra- may require grant recipients under this sec- islation this year. tion, mediation, or other proceeding to re- tion to submit interim and final reports on H.R. 1812 authorizes a 5-year dem- solve a legal dispute. grant program outcomes. onstration program to evaluate the use ‘‘(d) GRANT PERIOD.— ‘‘(k) RULE OF CONSTRUCTION.—This section of patient navigators. Patient navi- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) shall not be construed to authorize funding gator programs provide outreach to and (3), the Secretary may award grants for the delivery of health care services (other communities to encourage more indi- under this section for periods of not more than the patient navigator duties listed in viduals to seek preventative care and than 3 years. subsection (b)). ‘‘(l) DEFINITIONS.—In this section: coordinate health care services for in- ‘‘(2) EXTENSIONS.—Subject to paragraph (3), dividuals who are at risk for or have a the Secretary may extend the period of a ‘‘(1) The term ‘eligible entity’ means a pub- grant under this section. Each such exten- lic or nonprofit private health center (in- chronic disease. sion shall be for a period of not more than 1 cluding a Federally qualified health center Specifically, the legislation requires year. (as that term is defined in section 1861(aa)(4) trained individuals, or ‘‘patient naviga- ‘‘(3) LIMITATIONS ON GRANT PERIOD.—In car- of the Social Security Act)), a health facility tors,’’ to coordinate health care serv- rying out this section, the Secretary— operated by or pursuant to a contract with ices and provider referrals, facilitate ‘‘(A) shall ensure that the total period of a the Indian Health Service, a hospital, a can- involvement of community organiza- cer center, a rural health clinic, an academic grant does not exceed 4 years; and tions to provide assistance to patients, ‘‘(B) may not authorize any grant period health center, or a nonprofit entity that en- ters into a partnership or coordinates refer- facilitate enrollment in clinical trials, ending after September 30, 2010. help ensure prompt diagnostic care and ‘‘(e) APPLICATION.— rals with such a center, clinic, facility, or ‘‘(1) IN GENERAL.—To seek a grant under hospital to provide patient navigator serv- treatment, and to coordinate with this section, an eligible entity shall submit ices. health insurance programs and conduct an application to the Secretary in such form, ‘‘(2) The term ‘health disparity population’ ongoing outreach to rural or health in such manner, and containing such infor- means a population that, as determined by disparity populations for preventative mation as the Secretary may require. the Secretary, has a significant disparity in care. H.R. 1812 authorizes a total of $25 ‘‘(2) CONTENTS.—At a minimum, the Sec- the overall rate of disease incidence, preva- lence, morbidity, mortality, or survival rates million over a 5-year period to conduct retary shall require each such application to the demonstration project. outline how the eligible entity will establish as compared to the health status of the general population. Furthermore, this measure will be baseline measures and benchmarks that particularly helpful to sprawling dis- meet the Secretary’s requirements to evalu- ‘‘(3) The term ‘patient navigator’ means an ate program outcomes. individual who has completed a training pro- tricts such as my own in northwest ‘‘(f) UNIFORM BASELINE MEASURES.—The gram approved by the Secretary to perform Ohio, in which patients must drive or Secretary shall establish uniform baseline the duties listed in subsection (b). be driven by friends or family long dis- measures in order to properly evaluate the ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— tances for basic medical care and serv- ‘‘(1) IN GENERAL.—To carry out this sec- impact of the demonstration projects under ices. this section. tion, there are authorized to be appropriated $2,000,000 for fiscal year 2006, $5,000,000 for fis- Madam Speaker, I again urge my col- ‘‘(g) PREFERENCE.—In making grants under leagues to join me in supporting H.R. this section, the Secretary shall give pref- cal year 2007, $8,000,000 for fiscal year 2008, $6,500,000 for fiscal year 2009, and $3,500,000 1812. erence to eligible entities that demonstrate Madam Speaker, I reserve the bal- in their applications plans to utilize patient for fiscal year 2010. navigator services to overcome significant ‘‘(2) AVAILABILITY.—The amounts appro- ance of my time. barriers in order to improve health care out- priated pursuant to paragraph (1) shall re- Mr. BROWN of Ohio. Madam Speak- comes in their respective communities. main available for obligation through the er, I yield myself such time as I may end of fiscal year 2010.’’. ‘‘(h) DUPLICATION OF SERVICES.—An eligible consume. entity that is receiving Federal funds for ac- The SPEAKER pro tempore. Pursu- Too many Americans, as my friend tivities described in subsection (b) on the ant to the rule, the gentleman from from Ohio said, face financial barriers date on which the entity submits an applica- Ohio (Mr. GILLMOR) and the gentleman to health care. The American Cancer tion under subsection (e) may not receive a from Ohio (Mr. BROWN) each will con- Society and other patient advocates grant under this section unless the entity trol 20 minutes. support H.R. 1812 because they know can demonstrate that amounts received The Chair recognizes the gentleman that many Americans also face serious under the grant will be utilized to expand services or provide new services to individ- from Ohio (Mr. GILLMOR). nonfinancial barriers; racial, cultural, uals who would not otherwise be served. GENERAL LEAVE linguistic and geographical barriers; ‘‘(i) COORDINATION WITH OTHER PRO- Mr. GILLMOR. Madam Speaker, I barriers that have contributed to strik- GRAMS.—The Secretary shall ensure coordi- ask unanimous consent that all Mem- ing disparities across racial and ethnic

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12197 lines in the incidence and treatment of Mr. DINGELL. Madam Speaker, I rise in who might otherwise be left out, I would have cancer and other serious diseases. strong support of H.R. 1812, the Patient Navi- to say though that I am deeply disappointed This is by no means a minor or in- gator, Outreach, and Chronic Disease Preven- that the Committee did not see it fit to include consequential issue. It is a crisis, and tion Act of 2005. This legislation establishes a some of the provisions that specifically ad- addressing it should be one of our Na- five-year, $25 million demonstration grant pro- dressed the additional barriers that people of tion’s highest priorities. According to gram to evaluate the use of ‘‘patient naviga- racial and ethnic minority populations face, former Surgeon General David Satcher, tors,’’ who are individuals trained to assist per- such as those related to language and unique more than 80,000 African Americans die sons who are at risk for or who have cancer cultural factors. every year because of continuing dis- or other chronic diseases. Assistance provided Considering that people of this color bear parities in health care; 80,000. by patient navigators would include coordi- such a disproportionate share of ill health and African American and Latino adults nating health care services for patients such premature death, and that our lack of access are disproportionately more likely as enrollment in clinical trials, facilitating com- contributes greatly to the skyrocketing cost of than whites to suffer from chronic con- munity involvement, and coordinating health health care, it would have seemed to me to be ditions such as heart disease, cancer, insurance ombudsman programs to improve only natural that a bill such as this would have asthma, depression, diabetes and high health care options. Simply put, this bill re- sought to include the extra provisions that blood pressure. Modern medicine can duces barriers to access and improves health would ensure that every American would have combat these conditions, but only if it care outcomes. the extra help, according to their need to get is available to those that need it. The H.R. 1812 ensures year-round outreach to the health care services they need. earlier people receive preventative, di- target communities and funds culturally and Nevertheless the bill we are passing today agnostic and treatment services, the linguistically competent patient navigators to while greatly modified meets an important better. conduct outreach, build relationships, and edu- need and I join the many organizations which Prevention and timely treatment are cate the public, while encouraging prevention support it in asking my colleagues to pass this not only optimal from a public health screenings and follow-up treatment. It also en- bill, and then continue to work with Democrats perspective, they are optimal from a sures that navigators are available to help pa- and the minority caucuses to address all of budget perspective. Timely care is tients make their way through the health care the other deficiencies in the health care sys- cost-efficient care. The complexity and system—offering a wide variety of services in- tem that keep wellness out of the reach of fragmentation of our health care sys- cluding translating technical medical termi- people of color in this country. tem is perhaps the most daunting bar- nology, making sense of their insurance, mak- The bill before us provides that navigators rier of all. It exacerbates racial and ing appointments for referral screenings, fol- will be available to help patients make their ethnic disparities and reduces the effi- lowing-up to make sure the patient keeps that way through the health care system—whether ciency of health care across the board. appointment, or even accompanying a patient it’s translating technical medical terminology, The patient navigator bill lays out a to a referral appointment. making sense of their insurance, making ap- comprehensive strategy designed to This bill will support the placement of patient pointments for referral screenings, following up foster prevention, early diagnosis and navigators in a variety of health care settings. to make sure the patient keeps that appoint- efficient treatment of serious illnesses. Eligible entities for patient navigators include ment, or even accompanying a patient to a re- The goal is twofold: To reach those community health centers, cancer centers, ferral appointment. who are currently disenfranchised from rural health clinics, academic health centers, Madam Speaker, I also want to acknowl- the health care system, and to help and facilities operated by the Indian Health edge that the original concept for the legisla- ease the way for those who face a seri- Service. tion comes from Dr. Harold Freeman’s ‘‘navi- ous illness, an intimidating array of This bill is supported by many patient advo- gator’’ program, which he created while he treatment options and uncertainty cate organizations, health care providers, and was Director of Surgery at Harlem Hospital. It about the best course of action. others, including the American Diabetes Asso- is our hope that Dr. Freeman’s navigator con- This bill establishes a year-round ciation, the American Cancer Society, the Na- cept and its laser shape focus on comprehen- community outreach program to pro- tional Hispanic Medical Association, the Na- sive modeling of prevention services will even- mote cost-effective preventive services, tional Rural Health Association, and the Na- tually be fully translated in legislative terms. including cancer screening. Early de- tional Association of Community Health Cen- I would also want at this time to recognize tection saves dollars, and, more importers. I know that the bipartisan support for this Brenda Pillars, the chief of staff to Congress- tantly, saves lives. bill involved the work of many of my col- man TOWNS who labored hard on this bill and The program features culturally and leagues. I would especially like to thank Rep- who passed away last evening. Her passion linguistically competent patient navi- resentatives MENENDEZ and SOLIS for their for the health of all Americans but particularly gators who are trained to assist and hard work on this legislation. I will support the African American community, and her empower patients, serve as their advo- H.R. 1812 and I encourage all of my col- work in this body will be missed but long be cates in negotiating our complicated leagues to do the same. remembered. and too often impersonal health care Mrs. CHRISTENSEN. Madam Speaker, I In closing, Madam Speaker, I also want to system, and help patients overcome rise today in support of H.R. 1812, the Patient thank Karissa Willhite of Mr. MENENDEZ’s of- barriers to health care services. Navigator, Outreach, and Chronic Disease fice and John Ford and Cheryl Jaeger of the With this legislation’s passage, we Prevention Act of 2005. I applaud my col- Energy and Commerce Committee along with can expect to see increased enrollment league, friend and chair of the Democratic other staff that enabled this bill to come to the in clinical trials, greater community Caucus, Congressman ROBERT MENENDEZ of floor. I urge my colleagues to vote for its involvement and health awareness, a New Jersey for introducing this bill and getting adoption. more coordinated approach to health it to the floor today. I also want to thank Chair- Ms. JACKSON–LEE of Texas. Madam care delivery, and enhanced access to man BARTON and Ranking member DINGELL Speaker, I rise today to speak in support of timely health care services for racial for their support of measure. The Patient Navigator, Outreach and Chronic and ethnic minorities. As you know, Madam Speaker, I have come Disease Prevention Act of 2005. As a co- H.R. 1812 has the endorsement of the to this floor on numerous occasions call atten- sponsor of the bill last year, I am fully aware American Cancer Society, the National tion to the racial and ethnic health disparities of the benefits the bill will provide. Specifically, Association of Community Health Cen- in this Nation. For years, research has told us the bill would establish a 5-year, $25 million ters, the National Council of La Raza, that minorities and low-income populations are demonstration program for patient navigator the American Diabetes Association and the least likely to receive the health care they services through Community Health Centers, the American Medical Association. need to live a long, healthy life. There are National Cancer Institute centers, Indian I want to commend the gentleman many barriers to access which go beyond just Health Service centers, and Rural Health Clin- from New Jersey (Mr. MENENDEZ) and the complex nature of the system. ics, as well as certain non-profit entities that the gentlewoman from Ohio (Ms. While I am pleased that today we have a bill provide patient navigator services. PRYCE) for their hard work on this leg- that will begin to break down these barriers, Further, the goal of a patient navigator is to islation. I am pleased to support it. and open up access to healthcare for many improve health outcomes by helping patients,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12198 CONGRESSIONAL RECORD—HOUSE June 13, 2005 particularly in underserved communities, to cesses we’ve achieved in Harris County. In Mr. MENENDEZ. Madam Speaker, I want to overcome the barriers they face in getting addition, the legislation places an important thank my colleague, Mr. BROWN, as well as early screening and appropriate follow-up emphasis on patient navigator services for in- Mr. DINGELL, the Ranking Member on the En- treatment. dividuals with cancer and other chronic condi- ergy and Commerce Committee; Chairman Patient navigators are individuals who know tions. For these diagnoses, it is extremely im- BARTON; Mr. DEAL, the Chairman on the the local community and can help patients portant that patients receive the scheduled fol- Health Subcommittee; and all of their staff. navigate through the complicated health care low-up treatment, and patient navigators can And I particularly want to thank my good friend system. They help with referrals and follow-up play a critical role in ensuring that patients re- and lead cosponsor, DEBORAH PRYCE, and her treatment and direct patients to programs and ceive the necessary care to successfully man- staff who have been actively engaged in this clinical trials that are available to help them age their health care conditions. effort and have been instrumental in getting get the treatment and care they need to fight I would like to thank my friend and Chair- this bill to the Floor today. And, of course, her cancer and other chronic diseases. In addition, man, JOE BARTON, for the bi-partisan nature in own personal experiences and her family’s the patient navigator guides patients to health which he shepherded this bill through com- struggle with cancer have made her such a coverage that they may be eligible to receive. mittee. I offer particular thanks to Mr. BARTON powerful advocate in this regard. This is truly They also conduct ongoing outreach to health for his willingness to work with me to eliminate a bipartisan effort and a case study in how— disparity communities to encourage people to an unnecessary reference in the bill to the H– if we choose to work together, across the get screenings and early detection services. CAP program—a program that is important to aisle—we can really make a difference. Racial and ethnic minorities benefit from pa- me and my constituents. This is just one ex- And we cannot talk about patient navigators tient navigators because they ensure that pa- ample of the lengths he will go to seek con- without thanking Drs. Harold Freeman, Elmer tients will have someone at their sides who sensus, and I thank him for those efforts. With Huerta, and Gil Friedell, who have been pio- understands their language, culture, and bar- that, Madam Speaker, I encourage my col- neers in creating patient navigator programs riers to care, helping them get in to see a doc- leagues to join me in supporting this bi-par- that can be replicated across the country— tor early and work their way through our com- tisan legislation that will help many more which is exactly what we’re doing today. plicated health care system to get the cov- Americans gain access to quality health care. There is no question that we have a health erage and treatment they need to stay Mr. MATHESON. Madam Speaker, thank care crisis in this country. Not only does the healthy. The same applies to those in rural you for the opportunity to share my remarks cost of our nation’s health care system dis- communities who face significant geographic on H.R. 1812, the Patient Navigator Outreach courage people from getting the care they barriers and limited access to care. and Chronic Disease Prevention Act. I rise in need, but the sheer complexity of the system Again, I strongly support this legislation and strong support of this important legislation. can be so overwhelming that patients don’t H.R. 1812 would authorize the Department I hope my colleagues will do the same. even know what their treatment options are. Mr. GENE GREEN of Texas. Madam of Health and Human Services to make grants The Patient Navigator bill addresses these Speaker, I rise today in support of HR 1812, for the development and operation of a pilot issues, as well as other barriers that America’s ‘‘patient navigator program.’’ This demonstra- families—just like New Jersey’s families—face the Patient Navigator legislation. This legislation project would provide Community Health in getting the health care they need and de- tion would help reduce health disparities and Centers, National Cancer Institute centers, In- serve. The bill encourages prevention and barriers to health care through the increased dian Health Service centers, Rural Health Clin- early detection in order to keep the costs of use of patient navigators. ics, and other health providers with funding to health care down, and provides a patient navi- Under the program, Community Health Cen- help patients ‘‘navigate’’ what can often be a gator to help families navigate the complex ters, National Cancer Institute centers, Rural complicated and confusing health care sys- health care system so that they get the best Health Clinics and other non-profit groups can tem. treatment options available when a family utilize federal funding to help patients navigate Under this legislation, patient navigators member is diagnosed with cancer or another through the complex health care system. Pa- would help individual patients and their fami- chronic disease. tient navigators can help to stem the rising lies overcome obstacles to the prompt diag- It will ensure that all Americans, regardless number of uninsured in our country by helping nosis and treatment of their diseases by help- of income, race, ethnicity, language, or geog- individuals understand their eligibility for health ing them understand the processes for receiv- raphy, will have access to prevention screen- care coverage. These kinds of services are ing medical care and insurance, helping them ing and treatment, and that they will have an needed throughout the country, but they are coordinate referrals between different pro- advocate at their side, helping them navigate particularly helpful in underserved commu- viders and specialists, helping them identify through today’s complicated health care sys- nities, where uninsured individuals too often and possibly enroll in life-saving clinical trials, tem. put off health care either because of a lack of and even helping them manage their treat- For example, a mother who has just been coverage or due to the difficulties in finding ment plans. told that she could have breast cancer and the appropriate health care home. The bill ensures that particular attention is needs to see a specialist would benefit from a In my hometown of Houston, patient naviga- paid to patients with significant barriers to patient navigator who would help her under- tors have made tremendous strides in helping high-quality health care services including stand her diagnosis, make sure she follows patients find an appropriate health care home. those who are geographically isolated, those through and sees the doctor, and identify Our Harris County Community Access Col- with cultural or linguistic barriers, and the unin- health coverage options that might be avail- laborative has implemented a Navigation Serv- sured. In their endorsement of this important able to help with the cost of her treatment. ices program that has helped 31,000 patients legislation, the American Cancer Society noted And, because that mother heard about the im- find health care homes. that despite notable advances in prevention portance of getting regular check-ups, hope- In a related navigation service, the collabo- interventions, screening technologies, and fully her cancer will be found at a much earlier rative began an Ask Your Nurse phone serv- high-quality treatments, a disproportionate bur- stage, giving her a much better chance of sur- ice, whereby nurses are available 24 hours a den of cancer falls on the uninsured, those vival and giving her family a better chance at day, 7 days a week to steer patients to the who live in rural areas, and minority and other a long, healthy life together. best providers for their health care needs. medically underserved populations. These The bill addresses what I believe are the Studies have shown that 57 percent of the di- populations have higher risks of developing root causes of health disparities in minority agnoses in Harris County safety net hospitals’ cancer and poorer chances of early diagnosis, and underserved communities: that’s lack of emergency rooms could have been treated in optimal treatment, and survival. access to health care, particularly prevention our clinics and primary care physician offices. I believe that this pilot project will be helpful and early detection. The bottom line is: the With this kind of ER overutilization, the Ask in providing patients with much-needed infor- only way to stay healthy is to see a doctor Your Nurse services are a welcome addition mation. As receiving a diagnosis of cancer or when you are healthy. Unfortunately, patients to the public health care infrastructure in our another chronic disease can be overwhelming in underserved communities are less likely to county and steer an average of 2,700 patients for an individual and their family members, this receive early screening and detection, so their each month to the best health care provider pilot project should ensure that information is disease is found at a much later stage and for their condition. available in an accessible, understandable for- they have less chance of survival. That’s why This legislation we consider today would mat. I encourage my colleagues to support we’re here today—to give those people the allow other communities to replicate the suc- this legislation. chance they deserve for a long, healthy life.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12199 The Patient Navigator bill does this by repli- Chairman of the Energy and Commerce Com- cer screenings or counseling about disease cating the successful models developed by mittee, Mr. BARTON. Mr. Chairman, I am most prevention, or make referrals for treatment or Drs. Freeman, Huerta, and Friedell in a na- grateful for your leadership on and commit- clinical trial options should an abnormality be tional demonstration project. It focuses on out- ment to moving this important legislation for- detected. reach and prevention, through Community ward. For people who may otherwise not know Health Centers, Rural Health Clinics, Indian I’d also like to extend a special thanks to my how or be able to access health care services, Health Clinics, and cancer clinics. And it does friend and colleague, Mr. BOB MENENDEZ. He patient navigator programs offer them the so by providing patient navigator services and has been a great partner over the last few tools and resources they need to make good outreach in health disparity communities to en- years as we’ve worked on this initiative to- decisions about their health and the health of courage people to get screened early so that gether. their children. They help break through the red they can receive the care they need. Patient We represent different parts of the country tape that often prevents them from even get- navigators educate and empower patients, and belong to different political parties, but we ting the information they need to find a doctor serving as their advocates in navigating the have put any differences aside and have or get treated. health care system. joined together for a great purpose here today. I know that walking into a facility that is In addition to having visited both Dr. Free- We join together because we understand even associated with cancer is a daunting man’s program in Harlem and Dr. Huerta’s that cancer, diabetes and other chronic dis- challenge in and of itself. To see the words program here in Washington, my constituents eases can affect anyone in any part of the cancer screening or chemotherapy this way is in New Jersey and I have seen first-hand the country, of any race, of any income level. just terrifying. But the fact of the matter is, we difference patient navigators can make in a Because even with the tremendous ad- still live in a world where people suffer from community. I was able to secure funding for a vancements we have made in prevention, di- cancer. And while we are waging the war on one-year demonstration project at a Commu- agnosis and treatment of illnesses, we under- cancer, but we have not yet won. nity Health Center in Jersey City, New Jersey. stand that in far too many communities across So until that day comes, we must commit to That program has screened more than 1,400 this country, navigating the health care system offering our family members, friends, and people and has a caseload of about 300 pa- can be a significant barrier to gaining access neighbors, both young and old, insured and tients who were identified through these to quality and affordable health care services. un-insured, the best care in the best facilities screenings with abnormal findings and are I also want to highlight the American Cancer we can create. Dr. Freeman’s Ralph Lauren currently benefiting from the help of the patient Society, the National Association of Commu- Cancer Center and a similar program right navigator in finding follow-up care and treat- nity Health Centers, the National Rural Health here in D.C. at the Washington Hospital Cen- ment. Association, and other organizations for their ter run by Dr. Huerta are model programs that And before I close I want to share one of tireless efforts to educate our colleagues should be commended and emulated. the most compelling stories I’ve heard and about this important issue and advocate for That’s why Congressman MENENDEZ and I one of the reasons I’ve worked so hard to this legislation. partnered together to introduce, garner sup- make this program a reality for more Ameri- Madam Speaker, today Congress is taking a port for, and move forward this legislation that cans. It’s the story about Hazel Hailey, one of significant step forward to insure that our will create innovative demonstrations projects the patient navigators in New Jersey, and her friends and neighbors across America have in communities across the country based on daughter, Robin Waiters. Robin, who was only the tools and resources they need to make the patient navigator concept. 36 years old, suffered severe stomach pains good decisions about their health and the This bill will link sustained health promotion for 2 years and refused to see a doctor, de- health of their children. outreach efforts with patient navigation pro- spite her mother’s pleas for her to seek med- I am grateful to have had the opportunity to grams. Specifically, the bill will make funds ical care. Finally, she had no choice but to go meet two gentlemen who pioneered the con- available to community health centers, cancer see a doctor. Tragically, 3 months later, Robin cept that this legislation is based on—the ‘‘pa- centers, rural and frontier serving medical fa- died from colorectal cancer. Her mother, tient navigator’’ concept. cilities, and other eligible entities to increase Hazel, tells about her daughter’s last re- Dr. Harold Freeman and Dr. Elmer Huerta and promote chronic disease prevention quest—she made her mom promise to tell all are two of the most humble, kind gentlemen I screening, outreach and public health edu- her friends, family and everyone she could have had the good fortune of getting to know. cation, as well as provide patient navigators to ‘‘that if your body is trying to tell you some- Let me tell you a little about what they do. help patients overcome barriers and complex- thing, listen to it. You could possibly save your First, they recognized from their own work ities around the health care system. life.’’ Hazel quotes her daughter as saying, ‘‘I as doctors in underserved communities that It is my hope that this legislation will serve am dying because I chose not to get help. navigating the health care system can be an as a springboard for launching many more pa- Fear set in and I lost out on life.’’ Hazel is ful- insurmountable barrier for many people, espe- tient navigator programs, like those of Dr. filling her promise to her daughter as a patient cially when they are poor, under-insured, or Freeman and Dr. Huerta. These extraordinary navigator, working every day to ensure that uninsured. All we have to do is step out of our programs are making a real difference in the what happened to her daughter doesn’t hap- homes and into our communities to find fami- lives of people who suffer from cancer and pen to other families. And that’s why we’re lies and individuals who struggle to find and other diseases. here today, to ensure that the Hazels across access the health care services they need— People who may not otherwise even know the country have the tools they need to edu- both preventive services and treatment. they’re sick. cate and empower people about the impor- Enter Dr. Freeman and Dr. Huerta’s patient Or if they do, people who may not do what tance of early detection and screening, and to navigator concept. Patient navigators are the is necessary to get proper treatment and care. help them navigate the complexities of the angels who guide individuals through the These are the people we need to reach and health care system so that they get the treat- health care system. This is truly one of the this bill is a healthy start. ment and follow-up care they need. most creative and innovative ways to address By furthering this collaboration between the Again, I want to thank my colleague DEBO- the health care needs of these individuals who private and public sectors, we will maximize RAH PRYCE for all of her work on this effort, as may otherwise avoid seeing a doctor when our resources and close in on that day when well as all of those who have worked behind they’re healthy and getting the treatment they cancer and other chronic diseases no longer the scenes to make this concept a reality. We need when they’re sick. threaten the lives of our loved ones. have strong bipartisan support for this bill in Whether based at hospitals, community Madam Speaker, I urge my colleagues to both the House and Senate, and I am more health centers, or cancer centers, these pro- support this legislation. optimistic than ever before that we can make grams literally put in place patient navigators Mr. BROWN of Ohio. Madam Speak- this program a reality and help families strug- to help individuals find their way through the er, I yield back the balance of my time. gling to afford their health care and to under- often complex health care system. Mr. GILLMOR. Madam Speaker, I stand the complex system in order to get the These navigators, like Leka Murdock who I yield back the balance of my time. care they need. There’s simply too much at met during my visit to the Ralph Lauren Can- The SPEAKER pro tempore. The stake if we don’t act. cer Center in Harlem, assist people who come question is on the motion offered by Ms. PRYCE of Ohio. Madam Speaker, I’d through their doors with obtaining coverage the gentleman from Ohio (Mr. like to begin by commending the distinguished through Medicaid or other sources, obtain can- GILLMOR) that the House suspend the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12200 CONGRESSIONAL RECORD—HOUSE June 13, 2005 rules and pass the bill, H.R. 1812, as consensus. If the two sides involved in gram could provide to the farmers, amended. the dispute cannot reach agreement, ranchers, and lenders in our State, and The question was taken; and (two- they still have all the legal options they created a program in 1988 to deal thirds having voted in favor thereof) available to them. States that decide with agricultural credit disputes. It the rules were suspended and the bill, to participate in the program must go has been a resounding success. In the as amended, was passed. through a certification process and more than 16 years that the South Da- A motion to reconsider was laid on provide 30 percent of the program’s op- kota Department of Agriculture has the table. erating costs. operated its mediation program, it has f The program is authorized to spend received more than 4,500 requests for up to $7.5 million per year but, in 2004, mediation. b 1415 only $3,950,000 was needed to operate In South Dakota, mediation is avail- AMENDING AGRICULTURAL CRED- the program in over 30 States. The pro- able for agricultural credit disputes in- IT ACT TO REAUTHORIZE STATE gram provides a great deal of bang for volving any amount of money. How- MEDIATION PROGRAMS the buck and has been highly success- ever, a creditor must submit to medi- Mr. LUCAS of Oklahoma. Madam ful and useful. ation in any credit dispute involving The USDA’s Farm Service Agency, Speaker, I move to suspend the rules more than $50,000. FSA, works with States to ensure that and pass the Senate bill (S. 643) to This popular program provides many their mediation programs are meeting amend the Agricultural Credit Act of benefits to both agricultural borrowers all required standards, and it also helps 1987 to reauthorize State mediation and lenders in many States across the those States that are interested in be- country. We all know that lending dis- programs. coming certified to navigate and com- The Clerk read as follows: putes can become contentious, and this plete the approval process. One of the program enables participants to nego- S. 643 most important aspects of the program tiate and create their own mutually Be it enacted by the Senate and House of Rep- is that it provides strict confiden- agreeable solutions to such disputes. resentatives of the United States of America in tiality for those who decide to use the Congress assembled, mediation program. Also, the cost of mediation is much SECTION 1. REAUTHORIZATION OF STATE MEDI- I have a breakdown of the States less than the formal appeals process at ATION PROGRAMS. USDA, averaging less than $700 per Section 506 of the Agricultural Credit Act that are currently certified mediation States and the amount of money they year, as opposed to the thousands of of 1987 (7 U.S.C. 5106) is amended by striking dollars it can cost to go through the ‘‘2005’’ and inserting ‘‘2010’’. received in 2004, I am happy to make National Appeals Division. The length The SPEAKER pro tempore (Ms. that information available to any interested Member. of time to reach conclusions is also GINNY BROWN-WAITE). Pursuant to the I urge my colleagues to vote ‘‘yes’’ much shorter, normally several days, rule, the gentleman from Oklahoma on S. 643 to ensure that an extremely in contrast to appeals cases that can (Mr. LUCAS) and the gentlewoman from practical and cost-efficient program stretch for months. South Dakota (Ms. HERSETH) each will continues to be utilized. Mediation works because it is a time- control 20 minutes. Madam Speaker, I reserve the bal- saving and affordable alternative to The Chair recognizes the gentleman ance of my time. litigation and appeals. It also promotes from Oklahoma (Mr. LUCAS). Ms. HERSETH. Madam Speaker, I communication between disputing par- Mr. LUCAS of Oklahoma. Madam yield myself such time as I may con- ties rather than confrontation and ani- Speaker, I yield myself such time as I sume. mosity. And, in my communications may consume. Madam Speaker, I also rise today in with the South Dakota Department of Madam Speaker, I rise in strong sup- strong support of S. 643, which is the Agriculture staff, mediation generally port of S. 643. S. 643 will reauthorize companion legislation of H.R. 1930 in- results in more successful and enduring USDA’s Certified State Mediation Pro- troduced by my distinguished colleague resolution to most credit disputes. gram through 2010. on the Committee on Agriculture, the This program has worked for farmers The State Mediation Program pro- gentleman from Oklahoma (Mr. and agricultural lenders in South Da- vides agricultural producers and the LUCAS). kota and across the country for almost government with the means to allow a This legislation would extend the au- 20 years, and I am pleased to support S. neutral third party to settle disputes thorization for the State Mediation 643 to extend the authorization of this between producers and USDA instead Grant Program carried out by USDA’s program through 2010. of going through potentially costly and Farm Service Agency to provide Fed- time-consuming court cases. Madam Speaker, I yield back the bal- eral matching grants to State medi- ance of my time. I have introduced S. 643’s companion ation programs. Mr. LUCAS of Oklahoma. Madam bill in the House, H.R. 1930. Since the Currently 32 States, including my Speaker, I yield back the balance of bills are identical, it would be the most home State of South Dakota, are cer- my time. expedient thing to simply pass S. 643 so tified to receive matching funds under that the bill can go on to the White this program, and two more States are The SPEAKER pro tempore. The House for the President’s signature. working on becoming certified. To re- question is on the motion offered by What is the Certified State Medi- ceive Federal funding, a State program the gentleman from Oklahoma (Mr. ation Program? When producers and must meet certain criteria and have at LUCAS) that the House suspend the the USDA are in disagreement regard- least a 30 percent match in State fund- rules and pass the Senate bill, S. 643. ing loans, wetlands remediation, con- ing. The question was taken. servation compliance, grazing, pes- This program was created in 1987 as a The SPEAKER pro tempore. In the ticides, and other issues deemed appro- result of the credit crisis facing agri- opinion of the Chair, two-thirds of priate by the Secretary of Agriculture, culture in the mid-1980s. Since its in- those present have voted in the affirm- any State with a program can allow a ception, an original intent of dealing ative. mediator to help solve the differences with credit and loan disputes, Congress Mr. LUCAS of Oklahoma. Madam between the producers and USDA. Both has expanded its scope to cover a num- Speaker, on that I demand the yeas sides must agree to the mediator cho- ber of other issues stemming from farm and nays. sen to help resolve the dispute. program participation, everything The yeas and nays were ordered. Mediators can only help reach an from wetland determinations to com- The SPEAKER pro tempore. Pursu- agreement that both sides agree to modity program eligibility and pes- ant to clause 8 of rule XX and the abide by. The mediators are not arbi- ticide drift. Chair’s prior announcement, further trators whose decisions are legally en- Early on, leaders in South Dakota proceedings on this motion will be forceable. The mediators work to find recognized the value that such a pro- postponed.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12201 GENERAL LEAVE (2) the Congress supports the strong begin- contribution of Conrad Poppenhusen nings kindergartens across the United States for establishing the first free, public Mr. LUCAS of Oklahoma. Madam provide for the Nation’s children. Speaker, I ask unanimous consent that American kindergarten. The SPEAKER pro tempore. Pursu- all Members may have 5 legislative Madam Speaker, I reserve the bal- ant to the rule, the gentleman from days within which to revise and extend ance of my time. Minnesota (Mr. KLINE) and the gen- their remarks and include extraneous tleman from Missouri (Mr. SKELTON) Mr. SKELTON. Madam Speaker, I material on S. 643, the bill just consid- each will control 20 minutes. yield myself such time as I may con- ered. The Chair recognizes the gentleman sume. The SPEAKER pro tempore. Is there from Minnesota (Mr. KLINE). I rise today in support of House con- objection to the request of the gen- GENERAL LEAVE current resolution 47, which recognizes tleman from Oklahoma? the establishment of the first free, pub- There was no objection. Mr. KLINE. Madam Speaker, I ask unanimous consent that all Members lic kindergarten in the United States f may have 5 legislative days within located at College Point, Queens, New which to revise and extend their re- York. COMMENDING THE ESTABLISH- marks and include extraneous material I am pleased to manage the time on MENT IN COLLEGE POINT, NEW on H. Con. Res. 47. this legislation, which is offered by my YORK, OF THE FIRST KINDER- The SPEAKER pro tempore. Is there good friend and colleague, the gen- GARTEN IN THE UNITED STATES objection to the request of the gentleman from New York (Mr. CROWLEY) Mr. KLINE. Madam Speaker, I move tleman from Minnesota? who represents College Point, Queens, to suspend the rules and agree to the There was no objection. here in the House of Representatives. concurrent resolution (H. Con. Res. 47) Mr. KLINE. Madam Speaker, I yield The history of kindergarten in Amer- commending the establishment in Col- myself such time as I may consume. ica has been colorful. Many areas of Madam Speaker, I rise today in sup- lege Point, New York, of the first kin- the country can claim credit for ad- port of H. Con. Res. 47 commending the dergarten in the United States, as vancing education of our youth establishment of the first free public amended. through kindergarten classes. From kindergarten in the United States. The Clerk read as follows: Wisconsin to Massachusetts to New Madam Speaker, we can all agree on H. CON. RES. 47 York, many folks have had a hand in the merits of early education to the developing kindergarten. However, Whereas in 1854, Conrad Poppenhusen, a academic success of America’s chil- successful businessman from Germany, built Queens, New York is home to the first dren. From the time that Conrad a factory in College Point, Queens, New free, public kindergarten class, and it Poppenhusen offered free, public kin- York, and, breaking with many entre- is proper today, Madam Speaker, that dergarten to his community in College preneurs of his time, worked to create an en- we honor that achievement. Public vironment beneficial to the immigrant com- Point, New York, millions of American kindergarten has played a meaningful munity, which included schools; children have benefited from a role in the lives of many Americans, Whereas the Poppenhusen Institute was es- foundational first year of school. including the gentleman from New tablished in 1868 with a $100,000 donation; Kindergarten is a common experience York (Mr. CROWLEY), the author of this Whereas the Poppenhusen Institute was to for most American children. Today, 98 serve the fundamental educational needs of legislation, as well as me. the community and began as a free adult percent of children of kindergarten age in America attend kindergarten pro- For many children in Missouri, in evening school for the residents of Flushing New York, and throughout the coun- Town; grams for at least half of the school Whereas in 1870, the Poppenhusen Insti- day, and a growing number of schools, tryside, kindergarten is the first place tute’s services expanded to serve as the first today about 60 percent, now offer full- in which students interact with youth free, public kindergarten in the United day kindergarten programs. At age 5, from many cultural backgrounds and States for the children of Mr. Poppenhusen’s the age at which most children enter where they learn about the world into factory and the community; kindergarten, children’s development which they were born. Kindergarten Whereas children who attend a high-qual- also reinforces and builds reading and ity kindergarten demonstrate higher levels varies greatly. Because they often begin with a range of knowledge and math skills which are important tools of reading and mathematics knowledge and for our children to have when advanc- skills than those who do not attend kinder- skills, the kindergarten experience can garten; substantially reduce educational dis- ing through the educational system. Whereas a number of studies, including parities and help build a foundation for The establishment of the first free, studies commissioned by the Department of future school success. public kindergarten in College Point, Education, demonstrate that children en- Research demonstrates that children Queens, New York, has made our Na- rolled in kindergarten more rapidly acquire generally develop both cognitive and tion stronger. the knowledge and skills integral to succeed noncognitive knowledge and skills dur- in school and life; I thank the gentleman from New Whereas the United States is a stronger, ing the kindergarten year. In the year York (Mr. CROWLEY), and I thank the better place because of the children who are 2000, the National Center For Edu- House for considering this bill today. cation Statistics, a research arm of the able to enrich their academic and social de- Mr. PETRI. Madam Speaker, today the velopment through free kindergartens across U.S. Department of Education, pub- House considers H. Con. Res. 47, Com- the country; lished findings from a large-scale study mending the Establishment in College Point, Whereas for some children, kindergarten is to evaluate the effectiveness of kinder- New York, of the First Kindergarten in the the first common ground where they interact garten. The study showed that after a with students from a myriad of cultural, eco- United States. year of kindergarten, children dem- nomic, racial, and religious backgrounds to onstrate a greater understanding of The resolution honors the first free Kinder- learn about their world, each other, and garten established in the United States in themselves; and reading and mathematics concepts, as Whereas universal, free, high-quality kin- well as specific knowledge and skills. 1870 by Conrad Poppenhusen. I would like to dergarten for the Nation’s children provides By the end of the kindergarten year, note for the record that Margarethe Meyer benefits both to these children and to society nearly all children recognized letters, Schurz—wife of Carl Schurz—opened the first at large: Now, therefore, be it numbers, and shapes, and an increased Kindergarten in the United States in Water- Resolved by the House of Representatives (the number of children can add and sub- town, Wisconsin in 1856. Senate concurring), That— tract numbers. (1) the Congress commends the The following is an article from the August Poppenhusen Institute and the College Point Madam Speaker, in closing, I would 19, 1998 Capital Times (Madison, WI) detail- community for establishing the first free, like to thank the gentleman from New ing the work of Margarethe Schurz that led to public kindergarten in the United States; York (Mr. CROWLEY) for recognizing the first U.S. Kindergarten in Watertown, Wis- and the importance of kindergarten and the consin.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12202 CONGRESSIONAL RECORD—HOUSE June 13, 2005 [From the Capital Times, Aug. 19, 1998] Mr. CROWLEY. Madam Speaker, I rise It has always been known that education is AUG. 27, 1832: 1ST KINDERGARTEN SPROUTS; today in strong support of the Resolution H. the Great American Equalizer—the first step in SCHURZ WANTED THE BEST EDUCATION FOR Con. Res. 47, which recognizes the establish- young Americans lives to live the American HER DAUGHTER ment of the first, free public kindergarten in Dream. (By Kathy Maeglin) the United States, located in College Point, The actions of Conrad Poppenhusen and As a young mother in Watertown in 1856, Queens, New York. his revolutionary kindergarten—the first kinder- Margarethe Schurz wanted her little daugh- As a native of Queens, I grew up learning garten free and open to all, helped engrain the ter to have the educational advantages she about the history of this community, which in- idea of free and public kindergartens through- would have had back in their native Ger- out our great Nation—opening up the ideals of many. cludes the creation of the first free public kin- So Margarethe invited four little cousins dergarten in the United States. the American Dream to tens of millions of to come to the house each day for games, The community of College Point, just a Americans since then. singing and crafts. She had been an early stone’s throw from LaGuardia Airport, Shay The American Dream of using education as student of the ‘‘kindergarten’’ movement in Stadium—home of the Mets—and Flushing a foundation for supporting oneself, one’s fam- Germany, and now she was employing what Meadows-Corona Park—the home of the U.S. ily. The American Dream of using education she had learned in her own frontier home. as a foundation for a good job, home owner- As word of Margarethe’s ‘‘class’’ spread, Open Tennis tournament—this community was one of the first seeds in the creation of public ship, and a brighter future overall. friends petitioned her to let their own chil- This important moment, when this kinder- education in America. Something that rep- dren join in. The group moved to a more con- garten opened in 1870 in College Point, venient location downtown, and thus the resents the Great Equalizer in American soci- Queens, NY, is all the more profound today, first kindergarten in America was created. ety. as Department of Education studies show the As Hannah Werwath Swart wrote in her bi- It all started in 1854, when Conrad impact of kindergarten on the children that at- ography ‘‘Margarethe Meyer Schurz,’’ Poppenhusen, a businessman from Germany, Margarethe’s background likely would have tend. led her to establish the first American kin- built a factory in College Point. Children who are enrolled in kindergarten dergarten even if she had not had any chil- There, he stressed an environment in which benefit immensely from the knowledge and dren of her own. his immigrant workers could educate them- skills they learn, while simultaneously profiting Margarethe Meyer was born on Aug. 27, selves in order to succeed financially, socially, from their interaction with children of a similar 1832, to a wealthy merchant family in Ham- and, most significantly, intellectually. age. burg, Germany. Just as Henry Ford paid his employees high The reading and math skills, which students In 1850, when she was a teenager, her older wages so they, in turn, could purchase his sister Bertha became involved in a Jewish- learn in kindergarten, are invaluable to a Christian women’s group that had decided to cars, Conrad Poppenhusen represented an- child’s later education. focus on training young children as a way to other industrial genius—that if educating his Moreover, for many children, kindergarten is promote idealism and understanding among workforce to make them and their families one of the first places in which they interact all people. more successful people in the community. with students from a multitude of cultural, eco- The group invited Friedrich Wilhelm Au- Fourteen years later, in 1868, Mr. nomic, racial, and religious backgrounds. gust Froebel, the man who created the first Poppenhusen continued his illustrious edu- These early interactions are pivotal in estab- kindergarten in 1840, to come to Hamburg to cational work by donating $100,000 and es- lishing relationships, which promote aware- help them establish one there. Margarethe ness of the importance of numerous cultures listened to Froebel’s lectures for two years, tablishing the Poppenhusen Institute. thereby gaining the knowledge and inspira- His Institute sustained his original edu- and ideas, something particularly important in tion that would motivate her later in life. cational mission and expanded on it, by pro- Queens, New York, which is seen as one of When she was 19, she moved to London to moting the education of all adults from the the most diverse areas of the country. run a kindergarten that had been established greater community—not just his employees. The effort that began in College Point today there by her sister Bertha. It was there that In 1870, the Poppenhusen Institute once remains a significant feature of our education she met Carl Schurz, a German revolu- again expanded its educational services to in- system. tionary who had fled his native country. One of the greatest aspects of our nation is Carl Schurz was determined to migrate to clude the first, free, public kindergarten in the United States, a seminal moment in American that through education, which often starts in America, where he could have the free citi- kindergarten, each successive generation of zenship he so desired and where much of his education and something we celebrate today family had already gone. So after their mar- with this resolution. children can succeed. riage, the two idealistic young Germans set The history of kindergarten has been a Quite simply, the establishment of the first sail for America. colorful one in America . . . and one that is free, public kindergarten in College Point has After living in Philadelphia for a few big enough for all of us to share, recognize, made our nation a stronger, better place for years, the couple eventually settled in Wa- and honor today. generations. tertown, which at the time was the second I want to close by recognizing the continued My friends from Wisconsin will happily point largest city in Wisconsin. importance of the Poppenhusen Institute and out that the first kindergarten in the United It was shortly after they arrived in Water- those who serve it. This notable list extends town that Margarethe started the activities States was based in Watertown, Wisconsin from the first days of class to the work that that would result in the kindergarten (which and was founded in 1856 by Margarethe persists. This list must include the first teach- is German for ‘‘children’s garden’’). Meyer Schurz. er, Bertha Ploedterl, all the way to Susan But Watertown did not turn out to be the This private, German-language kindergarten major railroad center that Carl had hoped Brustmann, the current Executive Director, represented a landmark in the educational de- when he chose to settle there. So Carl made and James Trent, the President of the Board the most of his speaking skills and passion velopment of young Americans and we all sa- of Directors. for politics, and he ended up serving as a lute her accomplishments. Today, the work of these individuals and minister to Spain, a general in the Civil War Additionally, any debate on the history of this community has resulted in activities, ex- and finally a U.S. senator from Missouri. kindergarten would be incomplete without ref- hibits, and programs for people of all ages. Since her husband’s career took her away erence to the works of Elizabeth Palmer Pea- from Wisconsin, Margarethe entrusted the Programs cover the fields of music, drama, body, a Massachusetts educator who opened karate, stress reduction. continuation of her kindergarten to Carl’s the first English-language kindergarten in the cousin, Miss Juessen. There are exhibits, such as one on the trag- Others took over the school in later years United States in 1860. ic events of September 11th as well as an- and it continued until World War I, when it When she opened her kindergarten in 1860, other on Native Americans. was closed because the teacher refused to the concept of providing formal schooling for Individuals can take tours reviewing the ar- teach in any language other than German, children younger than six was largely confined chives of College Point to learn, not only which had become unpopular. to German practice. about the history of this community, but about Margarethe Schurz died at the age of 43 on These educational pioneers led to the cre- March 15, 1876, in Washington, D.C. But her our shared American history, in this area, one legacy lives on in schools throughout the ation, by Conrad Poppenhusen, of the Na- of the most diverse and welcoming in the country as young minds are cultivated in tion’s first, free public kindergarten—a sweep- world. kindergartens, which Margarethe once de- ing educational development and a strong Additionally, the Institute collects the living scribed as gardens ‘‘whose plants are basis for the kindergartens we all know and histories of area seniors, so that they are doc- human.’’ recognize in our country today. umented for future generations.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12203 While the earliest days of this kindergarten b 1430 may have 5 legislative days within will be remembered for being truly significant HONORING THE SIGMA CHI FRA- which to revise and extend their re- to New York and our nation, the true testa- TERNITY ON THE OCCASION OF marks and include extraneous material ment to the significance of this Institute is in ITS 150TH ANNIVERSARY on H. Con. Res. 163. the proud legacy that continues to live on The SPEAKER pro tempore. Is there through its works. Mr. KLINE. Madam Speaker, I move objection to the request of the gen- to suspend the rules and agree to the tleman from Minnesota? Mr. HASTINGS of Florida. Madam Speaker, concurrent resolution (H. Con. Res. 163) I rise in support of H. Con. Res. 47, com- There was no objection. honoring the Sigma Chi Fraternity on Mr. KLINE. Madam Speaker, I yield mending the establishment of the first kinder- the occasion of its 150th Anniversary, myself such time as I may consume. garten in the United States, in College Point, as amended. I rise in support of H. Con. Res. 163 N.Y. The Clerk read as follows: offered by my colleague, the gentleman This legislation praises Conrad Poppenhu- H. CON. RES. 163 from Pennsylvania (Mr. GERLACH). sen, the Poppenhusen Institute, and the citi- Whereas the Sigma Chi Fraternity was House Concurrent Resolution 163 hon- zens of College Point, New York, for estab- founded in 1855 by 7 young men at Miami ors the Sigma Chi Fraternity on the lishing the first early childhood education insti- University in Oxford, Ohio in order to estab- occasion of its 150th anniversary. tution open to the public, in 1854. lish ‘‘an association for the development of The Sigma Chi Fraternity was found- the nobler powers of the mind, the finer feel- This resolution rightly expresses the sense ings of the heart, and for the promotion of ed in 1855 at Miami University in Ox- of Congress that the government should rec- friendship and congeniality of feeling’’; ford, Ohio, by seven young men that ognize the importance of childhood education, Whereas the Founders of the Fraternity wanted to establish, and I quote, ‘‘an and the social and academic enrichment pro- believed that admission to the Fraternity association for the development of the vided to students through free and public kin- should include men of good character and nobler powers of the mind, the finer dergartens throughout the Nation. fair ability with ambitious purposes, conge- feelings of the heart, and for the pro- nial dispositions, good morals, a high sense Studies commissioned by the Department of motion of friendship and congeniality of honor, and a deep sense of personal re- of feeling,’’ close quote. Education consistently demonstrate that chil- sponsibility; Today the Sigma Chi Fraternity con- dren who attend kindergarten exhibit higher Whereas for 150 years, the Sigma Chi Fra- tinues to thrive. Its membership has levels of mathematics and reading skills than ternity has played an integral role in the grown to 202,600 active brothers in 219 those who do not. positive development in the character and education of hundreds of thousands of young chapters at colleges and universities Children enrolled in kindergarten have con- men; throughout the United States and Can- sistently and more rapidly acquired skills nec- Whereas the brothers of Sigma Chi, being ada. Its members continue to enrich essary for success in an academic environ- of different talents, temperaments, and con- and contribute to the quality of life in ment. Additionally, students enrolled in early victions, have shared countless friendships their communities by volunteering and a common belief in the founding ideals childhood education are exposed at an early countless hours of service to nonprofit age to students of different racial, cultural, of the Fraternity; Whereas the Sigma Chi Fraternity experi- activities and organizations at the na- economic, and religious backgrounds, pro- ence has served as a foundation for post-col- tional and local levels. viding valuable learning experiences and aid- legiate success and achievement in all fields The members of Sigma Chi exemplify ing in the social development of our Nation’s of endeavor, from the sciences to education the characteristics that the founders of youth. to business to professional athletics to pub- the fraternity believed they should Madam Speaker, let me conclude by again lic service; have for admission to the fraternity, Whereas the Sigma Chi Fraternity has good character and fair ability with expressing my support for this legislation and 202,600 active brothers in 219 active chapters encouraging my colleagues to support it. The at colleges and universities in 2 countries, ambitious purposes, congenial disposi- time has come for our government to recog- making it one of the most highly respected tion, good morals, a high sense of nize and honor the establishment of our Na- and well-regarded national fraternities in honor and a deep sense of personal re- tion’s kindergartens, the very institutions that the world; and sponsibility. equip our children with the knowledge and Whereas Sigma Chi brothers continue to The Sigma Chi Fraternity has also skills needed to succeed in school and life enrich and contribute to the quality of life in played an integral role in the positive while also providing a diverse environment in their communities by volunteering innumer- development in the character and edu- able hours of service to nonprofit activities cation of these young men that have which to learn and grow. and organizations locally and, at the na- Mr. SKELTON. Madam Speaker, I tional level, to the Children’s Miracle Net- served as a foundation for success and yield back the balance of my time. work, an alliance of 165 hospitals and achievements in all fields of endeavor, healthcare facilities across the United from the sciences to education to busi- Mr. KLINE. Madam Speaker, I have States and Canada that provide needy chil- ness to professional athletes and to no further speakers, and I yield back dren with critical healthcare services: Now, public service. the balance of my time. therefore, be it Madam Speaker, it is my pleasure to The SPEAKER pro tempore. The Resolved by the House of Representatives (the recognize and honor the Sigma Chi question is on the motion offered by Senate concurring), That Congress recognizes Fraternity on the celebration of its and honors the Sigma Chi Fraternity on its the gentleman from Minnesota (Mr. 150-year anniversary; commends its Found- 150th anniversary and commend the KLINE) that the House suspend the ers and all Sigma Chi brothers, past and fraternity and its members for its serv- rules and agree to the concurrent reso- present, for their bond of friendship, common ice and achievements over the years. lution, H. Con. Res. 47, as amended. ideals and beliefs, and service to community; I urge my colleagues to support The question was taken; and (two- and expresses its best wishes to this most re- House Concurrent Resolution 163. spected and cherished of national frater- Madam Speaker, I reserve the bal- thirds having voted in favor thereof) nities for continued success and growth. the rules were suspended and the con- ance of my time. The SPEAKER pro tempore (Ms. current resolution, as amended, was Mr. SKELTON. Madam Speaker, I GINNY BROWN-WAITE of Florida). Pursu- agreed to. yield myself such time as I may con- ant to the rule, the gentleman from sume. The title of the concurrent resolution Minnesota (Mr. KLINE) and the gen- Madam Speaker, it is an absolute was amended so as to read: ‘‘A concur- tleman from Missouri (Mr. SKELTON) privilege and thrill for me to take this rent resolution commending the estab- each will control 20 minutes. opportunity to cosponsor this resolu- lishment in College Point, New York, The Chair recognizes the gentleman tion. of the first free, public kindergarten in from Minnesota (Mr. KLINE). Madam Speaker, I am a Sigma Chi. the United States.’’. GENERAL LEAVE My father was a Sigma Chi. My next A motion to reconsider was laid on Mr. KLINE. Madam Speaker, I ask younger brother is a Sigma Chi. And the table. unanimous consent that all Members each of our three sons are Sigma Chis.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12204 CONGRESSIONAL RECORD—HOUSE June 13, 2005 So this moment, when we honor the One who received the Medal of Honor, a award recognizes the most outstanding grad- fraternity of our choice on the occasion Captain Maurice Britt from Arkansas uating senior of each undergraduate chapter, of the 150th anniversary, it has added received such an honor. province and International Fraternity of On a more personal level, the chapter that Academic Year. meaning to me and to us. 1929—Past Grand Consul George Ade, Pur- I also wish to thank the gentleman to which I belong at the University of due 1887, writes ‘‘The Sigma Chi Creed’’ from Pennsylvania (Mr. GERLACH) for Missouri in Columbia was founded on 1935—The Fraternity creates the Signifi- introducing this resolution, which is September 26, 1896. At that time one of cant Sig Award. This award would be pre- cosponsored by other Sigma Chis, the the founders, a former brigadier gen- sented at Grand Chapter to alumni whose gentleman from California (Mr. FARR), eral in the Union Army, Benjamin achievements brought honor and prestige to the gentleman from Maryland (Mr. Piatt Runkle, who, by the way, is bur- the Fraternity. Seven Medals were presented at the 42nd Grand Chapter held in Chicago. HOYER), the gentleman from Illinois ied over here at Arlington Cemetery, 1942—Several thousand Sigs, stationed all (Mr. HYDE), the gentleman from Ohio gave a speech to that crowd and to over the world, serve in the Armed Forces (Mr. OXLEY), the gentleman from Mis- those new fraternity members. In that during World War II. Congressional Medal of sissippi (Mr. PICKERING), the gentleman speech he spoke to them by saying, you Honor winner Captain Maurice L. Britt, Ar- from Michigan (Mr. SCHWARZ), the gen- are the offspring of the grandest civili- kansas, 1941, becomes the war’s most deco- tleman from Pennsylvania (Mr. SHU- zation the world has ever seen. High rated United States Officer. During the War STER), as well as me. places are vacant, and men filled with the Fraternity lost 724 members, seven times as many as it lost in World War 1. I also wish to thank the Education a fraternal spirit must take them. Go 1948—Sigma Chi commences the Order of and Workforce Committee and the forward, faithful, patient, courageous Constantine, the fraternity’s highest honor, House leaderships for bringing this res- and obedient, ever remembering that which is bestowed upon alumni members who olution to the House floor so very the hope of the Nation is in her young have devoted long and distinguished service quickly. men, and that behind the great un- to Sigma Chi Sigma Chi Fraternity was estab- known stands God keeping watch over 1955—The Fraternity celebrates its Centen- lished by its seven founders on com- his own. And what Benjamin Piatt nial in June 28 in Oxford, Ohio, as a part of mencement day at Miami University the 50th Grand Chapter, which met in Cin- Runkle said on that day in September cinnati. June 28, 1855. These seven young men 1896 in Columbia, Missouri, is just as 1971—The Grand Chapter marks the climax broke away from the Delta Kappa Epsi- true today. and resolution of the nearly 15 years of inter- lon Fraternity to form ‘‘an association So it is a real privilege and honor for nal strife in the Fraternity over the proposed for the development of the nobler pow- me to cosponsor and represent this side initiation of minority groups. Grand Chapter ers of the mind, the finer feelings of of the aisle in honoring the Sigma Chi delegates voted to remove the restrictive the heart, and for the promotion of Fraternity on the occasion of its 150th passages in the Fraternity’s Governing friendship and congeniality of feeling.’’ anniversary, which will be celebrated Laws, validating earlier actions of the Exec- In 1951, I had the opportunity to utive Committee and granting active chap- on the 24th and 25th of this month in ters increased autonomy in membership se- pledge this fraternity at the University Cincinnati, Ohio. lection. of Missouri at Columbia, and from that THE SIGMA CHI FRATERNITY: A HISTORICAL 1977—The Fraternity recorded its 150,000 time on I have been aware of the many PERSPECTIVE initiate. outstanding members of our fraternity 1855—Sigma Chi Fraternity is founded at 2001—Eleven Sigma Chis die in the Sep- through the years, people like Andy Miami University, Oxford, Ohio tember 11th terrorist attacks on the United Grabau, people like John Wayne, Larry 1861—During the Civil War, 265 of the 432 States. total Sigma Chi membership (That’s 60%) 2005—Grand Consul Lee Beauchamp an- McMullen, Ed Matheny, Herbert nounces the Fraternity’s zero tolerance pol- Shouse Jones, John Alden Tower, Gov- fight in the conflict. Of this number, 147 were in the Union forces, and 118 were with the icy for hazing, alcohol abuse, and substance ernor James Blair and so many, many Confederacy. abuse. The Executive Committee approves a others. 1861—‘‘ln Hoc Signo Vinces,’’ a secret new statement of Position on Academic Per- Sigma Chi currently has 202,600 ac- motto since 1856, becomes the official public formance. Among other provisions, it re- tive brothers in 219 active chapters at motto. quires members to attain a GPA of 2.5 out of colleges and universities in two coun- 1870—The eighth Grand Chapter, held in 4.0 (or the equivalent), or a GPA that is tries. Philadelphia, adopts blue and gold as the fra- above the campus’ all-men’s average, which- ever is lower. It is one of the most highly respected ternity’s colors. These colors are now standardized as Blue and Old Gold. 2005—Sigma Chi celebrates its 150th birth- and well-regarded national fraternities 1881—The Fraternity’s first magazine, day with a grand celebration in Cincinnati. in the world. It also encompasses not ‘‘The Sigma Chi’’ is established under the su- Madam Speaker, I yield back the bal- just our country, but the country of pervision of the Theta Chapter at Gettysburg ance of my time. Canada. College, Pennsylvania. In 1926 it became Mr. KLINE. Madam Speaker, I yield Sigma Chi brothers continue to en- ‘‘The magazine of Sigma Chi.’’ myself such time as I may consume. I rich and contribute to the quality of 1882—Delegates of the 14th Grand Chapter, will be very brief. I just want to add held in Chicago, elect John S. McMillim, life in their communities. my congratulations to the gentleman Perhaps tie something in regard to DePauw 1867, as the first Grand Consul. 1893—Honorary Sigma Chi, President Gro- from Missouri (Mr. SKELTON) on being the House of Representatives to the ver Cleveland, is initiated on January 26. He a proud member of this fraternity. And people working together with their col- is the only Sigma Chi to have held the office it is exciting, I am sure, to see a fa- leagues in which they learn of good of President of the United States. ther-to-son tradition established there. character and fair ability and ambi- 1911—‘‘The Sweetheart of Sigma Chi’’ song So I extend my congratulations to the was written in June for the 25th Anniversary tious purposes, congenial dispositions, gentleman from Missouri (Mr. SKEL- good morals, a high sense of honor and Reunion of Alpha Pi Chapter at Albion Col- lege, Michigan. Byron D. Stokes, 1913, wrote TON) and all my colleagues who are for- a deep sense of personal responsibility. tunate enough to be a member of this All of this has added to our country. the words in one afternoon in class. He then gave them to F. Dudleigh Vernor, 1914, who very great fraternity. The history of Sigma Chi is long and set them to music I urge all my colleagues to support interesting. Being founded in 1855 at 1914—The Fraternity adds 103 Brothers to this resolution. Oxford, Ohio, it went through the War its Fraternity Gold Star Honor Roll for giv- Mr. HOYER. Madam Speaker, I am proud to Between the States and went through ing their last full measure of devotion during rise today in strong support of H. Con. Res. the First World War where 103 brothers World War I. 163, honoring the Sigma Chi Fraternity on its 1922—After 67 years as a national organiza- of the fraternity lost their lives and 150th anniversary. gave the full measure of devotion to tion, Sigma Chi becomes international when it installs the Beta Omega Chapter at the Like hundreds of thousands of men across World War I. It also went through the University of Toronto on April 22. the country I am honored to be a member of Second World War where so many 1929—L.G. Balfour, Indiana 1907, estab- the Sigma Chi Fraternity. members of the fraternity fought, some lishes the Balfour Award, the highest under- Although I was a Sigma Chi at the Univer- who died and some who were missing. graduate honor in the fraternity. The annual sity of Maryland, I share a strong bond with

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12205 my brothers across the country and around West Old County Road in Belhaven, North mendous reputation with Members of the world, including my fellow Sigma Chi men Carolina, shall be known and designated as Congress, staff and constituents as in Congress. We are connected by the shared the ‘‘Floyd Lupton Post Office’’. both a very dedicated adviser to Con- (b) REFERENCES.—Any reference in a law, tenants of our fraternal organization and we map, regulation, document, paper, or other gressman Jones and an empathetic liai- try to live our life by the ‘‘Jordan Standard’’— record of the United States to the facility re- son with the people of North Carolina’s the Cornerstone of the Sigma Chi Fraternity. ferred to in subsection (a) shall be deemed to First Congressional District. Sigma Chi played an important role in my be a reference to the ‘‘Floyd Lupton Post Of- One of the most difficult jobs in this personal development and provided me with fice’’. Nation is to work on a congressional relationships that will last a lifetime. These ex- The SPEAKER pro tempore. Pursu- staff, and Mr. Lupton did it with great periences are not unlike the experiences that ant to the rule, the gentleman from honor for 26 years. He took very seri- millions of other men and women have had Tennessee (Mr. DUNCAN) and the gen- ously his responsibility working in the with their respective fraternities and sororities. tleman from California (Mr. WAXMAN) people’s House and greatly valued all Although sometimes ridiculed, the Greek each will control 20 minutes. opportunities to help his friends and system on the whole—without question—has The Chair recognizes the gentleman neighbors throughout his years of pub- made countless positive contributions to soci- from Tennessee (Mr. DUNCAN). lic service. ety. GENERAL LEAVE Mr. Lupton retired after 26 years on Many of our Nation’s leaders, from those in Mr. DUNCAN. Madam Speaker, I ask Capitol Hill in December of 1991 and re- business to those in public service, are mem- unanimous consent that all Members turned home to Belhaven. There he en- bers of fraternities or sororities, including our may have 5 legislative days within joyed an active retirement with his be- current President. The benefits to our commu- which to revise and extend their re- loved wife, Doris Ambrose. Floyd and nities from these individuals—whose first lead- marks and include extraneous material Doris were married nearly 48 years be- ership and service experiences were often on H.R. 2326. fore Doris unfortunately passed away through their involvement with the Greek Sys- The SPEAKER pro tempore. Is there on June 24th of 1996. Floyd passed away tem—are immeasurable. objection to the request of the gen- on May 10th of this year, but this post Furthermore, beyond planting the seeds of tleman from Tennessee? office will memorialize his career of leadership, fraternities and sororities compel There was no objection. service to the State of North Carolina their members to conduct themselves in ac- Mr. DUNCAN. Madam Speaker, I and to the country that he loved so cordance to the highest standards of honor, yield myself such time as I may con- much. morality, and academic excellence. sume. Madam Speaker, I thank my distin- Since its inception in 1855 at Miami Univer- On behalf of the Committee on Gov- guished colleague from North Carolina sity in Oxford, OH, Sigma Chi has helped ernment Reform, I rise in support of (Mr. JONES) for working to honor his young boys develop into strong, well-rounded, H.R. 2326. This bill would designate the father’s trusted assistant, Floyd Sigma Chi men. I am proud to be a part of postal facility located at 614 West Old Lupton. I support this meaningful this fine organization and I congratulate Sigma County Road in Belhaven, North Caro- piece of legislation. Chi on its 150th year anniversary. May its lina, as the ‘‘Floyd Lupton Post Of- Madam Speaker, I reserve the bal- good deeds and reputation of excellence en- fice.’’ Floyd Lupton, who passed away ance of my time. dure for the next 150 years. on Tuesday, May 10th of this year, was Mr. WAXMAN. Madam Speaker, I I ask my colleagues to join me and the chief of staff to former Congressman yield myself such time as I may con- other original cosponsors, Representatives Walter Jones, Sr., who served with sume. GERLACH, FARR, HYDE, OXLEY, PICKERING, such great distinction in this body Madam Speaker, H.R. 2326 would des- SCHWARZ, SHUSTER, and SKELTON, in support from 1966 until 1992. ignate the facility of the United States of this legislation. H.R. 2326 was authored by Mr. Jones’ Postal Service located at 614 West Old Mr. KLINE. Madam Speaker, I yield son, the distinguished current Member County Road in Belhaven, North Caro- back the balance of my time. from North Carolina, Congressman lina, as the Floyd Lupton Post Office. The SPEAKER pro tempore. The WALTER JONES, Jr., one of my closest As the ranking member of the Com- question is on the motion offered by friends in this body and one of our fin- mittee on Government Reform, I am the gentleman from Minnesota (Mr. est Members. All Members of the North pleased to join my colleagues in the KLINE) that the House suspend the Carolina State delegation have cospon- consideration of this bill, legislation rules and agree to the concurrent reso- sored this legislation, and I join them designating this facility in Belhaven, lution, H. Con. Res. 136, as amended. in strong support. North Carolina, after the late Floyd The question was taken; and (two- Madam Speaker, Floyd Lupton, Sr., Lupton. This measure was introduced thirds having voted in favor thereof) was born and raised in the town of by the gentleman from North Carolina the rules were suspended and the con- Pantego, North Carolina, near the At- (Mr. JONES) on May 12, 2005, and it was current resolution, as amended, was lantic coast in 1922. He went to college unanimously reported by the Govern- agreed to. at North Carolina State University, ment Reform Committee on May 26, A motion to reconsider was laid on but like so many of his generation, his 2005. It enjoys the support and cospon- the table. education was interrupted by World sorship of the entire North Carolina f War II. Floyd left home to heroically State delegation. serve in the Army’s 99th Infantry Divi- Floyd Lupton, a native of North FLOYD LUPTON POST OFFICE sion, with which he fought in the Bat- Carolina, grew up in Pantego, North Mr. DUNCAN. Madam Speaker, I tle of the Bulge, among other combat Carolina. He attended North Carolina move to suspend the rules and pass the experiences. For his heroism Floyd State University when he left to join bill (H.R. 2326) to designate the facility earned the Bronze Star, and he was the Army. He served in the 99th Infan- of the United States Postal Service lo- honorably discharged as a first lieuten- try Division, received a Bronze Star cated at 614 West Old County Road in ant. and was honorably discharged. Belhaven, North Carolina, as the After the war, Floyd Lupton returned After serving in the military, he re- ‘‘Floyd Lupton Post Office’’. home to work on the family farm in turned home to Pantego. In 1966, he The Clerk read as follows: Pantego. He later worked stints with began working for the late Congress- H.R. 2326 Norfolk Western Railroad, the State man Walter Jones, Sr., as his adminis- Be it enacted by the Senate and House of Rep- Wildlife Commission and the Beaufort trative assistant. He held that position resentatives of the United States of America in County Sheriff’s Department. for 25 years until his retirement in Congress assembled, But most notably, Madam Speaker, 1991. As administrative assistant Fred SECTION 1. FLOYD LUPTON POST OFFICE. Floyd served for 26 years as the top earned the reputation as a person who (a) DESIGNATION.—The facility of the aide to the late Congressman Walter was dedicated to the Congressman, the United States Postal Service located at 614 Jones, Sr. Floyd Lupton earned a tre- district and the constituents. He was

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12206 CONGRESSIONAL RECORD—HOUSE June 13, 2005 always available to all, night or day, 7:30, 8:30, 9:00 at night, calling constitu- Mr. WAXMAN. Madam Speaker, I and never forgot who he was or where ents back home to say hello, trying to yield myself such time as I may con- he was from. help someone who had a problem that sume. b 1445 they finally had answers and/or they I have no other requests for time, but could at least listen to that con- I do want to say how moved I was by Upon his return, Mr. Lupton served stituent to see if they could find an- the gentleman’s presentation. I have on numerous boards, associations and swers. known Floyd Lupton only through the community organizations. At the time Floyd, as has been said by the gen- descriptions and the information, the of his death, he was serving as a mem- tleman from California (Mr. WAXMAN) cold statistics, that have been fur- ber of the Beaufort County Community and the gentleman from Tennessee (Mr. nished to us, but the gentleman from College Board of Directors. Sadly, he DUNCAN) never, not one time, did he North Carolina (Mr. JONES) has given passed away on May 10, 2005. seek anything for himself. His only us a picture of a man who, through his Madam Speaker, I commend my col- concern were the people of the 1st Dis- service and his availability and his league for honoring the legacy of the trict of North Carolina, and I think commitment to the public good, is well late Floyd Jackson Lupton, Senior, about how humble a man Floyd Lupton deserving of the tribute that we are be- and I urge the swift passage of this bill. was, a man that always had time. He stowing upon him by naming this facil- Madam Speaker, I reserve the bal- never would look past anybody when ity after him. I hope it will stand as an ance of my time. he was talking to them. He would look example for others to look at, the Mr. DUNCAN. Madam Speaker, I them straight in the eye. He would al- plaque that will be posted there, as a yield for such time as he may consume ways take time when maybe he did not tribute to a man that they should re- to the gentleman from North Carolina have the time, but no one ever realized member as an example for all people to (Mr. JONES), my colleague, the author that he had something else to do as he be committed to the kinds of ideals of H.R. 2326. always had a way about himself so that that he stood for. Mr. JONES of North Carolina. people knew that he cared. Madam Speaker, I yield back the bal- Madam Speaker, I want to thank the ance of my time. gentleman from Tennessee and the gen- Sadly, at his funeral, which I know that he is in heaven, there is no ques- Mr. DUNCAN. Madam Speaker, I tleman from California. His remarks yield myself such time as I may con- were absolutely excellent and to the tion in my mind about that, with his lovely wife Doris, but they asked me to sume. point, a very fine public servant. I want to thank our colleague the I am only going to take a few min- speak at his funeral. It was an extremely emotional time for me, and I gentleman from North Carolina (Mr. utes. I certainly want to thank the JONES) for his very moving and heart- chairman and the ranking member of remember when one thing I did say that if anybody wanted to know the felt tribute to Mr. Floyd Lupton who the committee in getting this legisla- obviously was a great American, and I tion to the floor. definition of public service, all they would have to know is Floyd Lupton am proud to be associated with this Madam Speaker, as fate would have legislation. I, again, urge passage of it, Floyd Lupton and my father were a because he exemplified exactly what a public servant is. H.R. 2326. team. I do not know anyone that knew Madam Speaker, I yield back the bal- I have just a couple of more com- anything about the congressional office ance of my time. ments and then I will yield back my that would not say the same thing be- The SPEAKER pro tempore (Ms. time. Too many times when buildings, cause my daddy, as many of my col- GINNY BROWN-WAITE of Florida). The and whether it be a post office or a leagues remember, who served with question is on the motion offered by Federal building or State building, we him on the floor of the House, at one the gentleman from Tennessee (Mr. always seem to think about someone point in his career became chairman of DUNCAN) that the House suspend the who was elected to public life and, the Merchant Marine and Fisheries rules and pass the bill, H.R. 2326. therefore, it is easier for that person Committee, and it took a great deal of The question was taken. who was elected to public life to be re- his time. Floyd always was there to The SPEAKER pro tempore. In the membered, but in this case, I want to take care of the needs of the people of opinion of the Chair, two-thirds of say again to the ranking member and the 1st Congressional District and to those present have voted in the affirm- to the Chamber that I am grateful that make sure that the office was running ative. today we will hopefully pass legislation as smooth as a congressional office Mr. DUNCAN. Mr. Speaker, on that I that will remember a public servant can. demand the yeas and nays. that never held public office. He could I think about the personal relation- The yeas and nays were ordered. ship that my family had with Floyd have probably if he had been a younger The SPEAKER pro tempore. Pursu- Lupton. We were like family, quite man, but he gave 26 years, as has been ant to clause 8 of rule XX and the frankly. stated, to serving my father and to Chair’s prior announcement, further Floyd would drive my daddy home serving the people of the 1st District at proceedings on this motion will be most of the weekends from Wash- the same time. postponed. This is so fitting, and I know I speak ington, D.C., to eastern North Caro- f lina, and I would know that my father on behalf of thousands of people in was coming home. My mother would eastern North Carolina who knew NET WORTH AMENDMENT FOR call and say, ‘‘Walter, your dad is going Floyd Lupton when I say thank you to CREDIT UNIONS ACT to be here pretty soon with Floyd; the committee of jurisdiction for get- Mr. BACHUS. Mr. Speaker, I move to don’t you want to come up here and ting this legislation to the floor. I suspend the rules and pass the bill have a bit of time with him and social- know also I speak for his family as (H.R. 1042) to amend the Federal Credit ize?’’ I did that so many times. well. They will be thrilled and excited Union Act to clarify the definition of Those days of being there with my fa- that we got this legislation to the floor net worth under certain circumstances ther and Floyd, when they were driving of the House, and hopefully it will pass for purposes of the prompt corrective back from Washington, in a house in a this evening. action authority of the National Credit little town of Farmville, 5,000 people, Secondly, I want to say that this Union Administration Board, and for were very special times for me and my Congress, I have the greatest respect other purposes. family because we were a family. for this institution and the fact today The Clerk read as follows: When Floyd came to Washington, that we will hopefully pass H.R. 2326 on H.R. 1042 Madam Speaker, he spent I do not behalf of a man who never asked any- Be it enacted by the Senate and House of Rep- know how many hours after the Con- thing but what can I do to help you. resentatives of the United States of America in gress had finished of staying out at That is the legacy of Floyd Lupton. Congress assembled,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12207 SECTION 1. SHORT TITLE. It has no opposition that I know of. As I say, Madam Speaker, the legisla- This Act may be cited as the ‘‘Net Worth As far as explaining the rule, I am tion simply amends the Federal Credit Amendment For Credit Unions Act’’. going to submit in its entirety two dif- Union Act’s definition of net worth to SEC. 2. CLARIFICATION OF DEFINITION OF NET WORTH UNDER CERTAIN CIR- ferent pieces on actually what the include retained earnings of both credit CUMSTANCES FOR PURPOSES OF issue is, what the solution is. The solu- unions that merge in the net worth of PROMPT CORRECTIVE ACTION. tion is 1042, and then I would like to in- the credit union that continues after Subparagraph (A) of section 216(o)(2) of the troduce this two-page summary. the transaction. Failure to make this Federal Credit Union Act (12 U.S.C. Let me briefly try to very briefly statutory change will create major dis- 1790d(o)(2)(A)) is amended— (1) by inserting ‘‘the’’ before ‘‘retained state what this does. incentives to otherwise merged credit earnings balance’’; and Under the current FASB rule, credit unions. (2) by inserting ‘‘, together with any unions are able to use the pooling of in- We took testimony last week from amounts that were previously retained earn- terests method of accounting for merg- George Reynolds, Senior Deputy Com- ings of any other credit union with which the ers; however, the new rule will require missioner of the Georgia Department credit union has combined’’ before the semi- use of the purchase method. of Banking and Finance, and I would colon at the end. In doing that, they did not anticipate like to include his statement, but what The SPEAKER pro tempore. Pursu- the current definitions in the National he and others have pointed out to the ant to the rule, the gentleman from Credit Union Act. Under the new ap- committee is that oftentimes, whether Alabama (Mr. BACHUS) and the gen- proach that FASB will be instituting, it be a bank or a thrift or a credit tleman from California (Mr. SHERMAN) an institution is not permitted to bring union, if you have one credit union each will control 20 minutes. over the retained earnings of the ac- that is sound and one that may be in The Chair recognizes the gentleman quired institution onto its own balance need of corrective action, one of the al- from Alabama (Mr. BACHUS). sheet as retained earnings, but rather ternatives is to merge the weaker in- GENERAL LEAVE as acquired equity. Thus, the surviving stitution into a stronger institution for Mr. BACHUS. Madam Speaker, I ask institution, the institution which is the protection of the members of that unanimous consent that all Members taking the other institution into its credit union. may have 5 legislative days within corporate being, would not be able to The NCUA, and also the different which to revise and extend their re- count the retained earnings of the State commissioners of banking and marks and include extraneous material merged institution in its net worth for bank supervisors, and credit union su- on H.R. 1042. purposes of prompt corrective action pervisors had not been able to do this The SPEAKER pro tempore. Is there purposes under the Federal Credit because of the anticipation of the objection to the request of the gen- Union Act. FASB rules. It has resulted in a lot of tleman from Alabama? hesitancy in merging these institutions b 1500 There was no objection. and, in many cases, is slowing correc- Mr. BACHUS. Madam Speaker, I And the Prompt Corrective Action, tive action because of this. So failure yield myself such time as I may con- as those of us on Committee on Finan- to make the statutory change will, as I sume. cial Services know, is the mechanism say, create major disincentives. Madam Speaker, I rise in strong sup- to bring credit unions into compliance port of this legislation, H.R. 1042, the A credit union seeking to merge with as far as safety and soundness. This another union institution would be Net Worth Amendment for Credit change, therefore, would have the unin- Unions Act, which I and the gentleman faced, in many situations, with a tended effect of lowering the merged marked decline in its capital for PCA from Vermont (Mr. SANDERS), the credit union’s net worth category clas- ranking member, introduced along purposes once the merger went sification. with 16 other cosponsors, evenly di- through, giving rise to a supervisory We have taken testimony of Board vided between Republicans and Demo- intervention by the NCUA designed to members of FASB who say this was not crats, including ranking members of limit its growth and restore its now de- their intent; and as I said, they are in both committees. pleted capital to acceptable levels It is a so-called technical amend- favor of the current legislation. So the when actually there would have been ment, but it is also a very important practical effect of FASB’s directive no depletion of capital at all. piece of legislation designed to address changing the accounting treatment of Madam Speaker, I reserve the bal- the potentially harmful and unin- credit union mergers from the pooling ance of my time. tended consequences of the recently method to the purchase method are Mr. SHERMAN. Madam Speaker, I proposed FASB accounting rules of perhaps illustrated by a simple hypo- yield myself such time as I may con- mergers of financial institutions and, thetical. sume, and I rise today to urge the in particular, credit unions. Under the pooling method previously House to suspend the rules and adopt Because this new accounting rule is used to account for a combination of H.R. 1042, the Net Worth Amendment expected to become effective early next two credit unions, if a credit union For Credit Unions Act. I would like to year, it will impact, going forward, with $2 million in retained earnings commend my colleague, the gentleman credit union mergers, and it is essen- merged with a credit union with $2 mil- from Alabama (Mr. BACHUS), the chair- tial that we have in place H.R. 1042 lion in retained earnings, the surviving man of the Subcommittee on Financial prior to that time. This legislation has credit union would have $4 million in Institutions and Consumer Credit, for been endorsed by FASB. It has the en- retained earnings, simply, two plus two bringing this issue before the Com- dorsement of the Federal credit union equals four, which counted as its net mittee on Financial Services in a time- regulators. worth for purposes of applying the ly manner. I would also like to thank I had testimony which I would like to Prompt Corrective Action capital re- the ranking member, the gentleman introduce from NCUA chairman Joanne quirements outlined above. from Vermont (Mr. SANDERS), and Johnson who testified before the Com- However, under the new purchase members of the committee who joined mittee on Financial Services this past method of accounting mandated by the with Chairman Bachus and me in spon- Thursday in strong support of this leg- new FASB rule, if a credit union with soring this somewhat technical but im- islation. In fact, she said without this $2 million in retained earnings merges portant legislation. legislation, it would be hard to, in with another credit union with $2 mil- H.R. 1042 addresses a potential prob- cases of mergers, provide the safest, lion in retained earnings, the surviving lem for a growing number of credit most efficient and most beneficial credit union would only have $2 million unions that arises under the Basel II mergers to the benefit of credit union in retained earnings, not a result that negotiations on international capital consumers, and she says this legisla- makes any sense, and our legislation accounting standards. In 1996, the Fi- tion is essential for credit union con- simply preserves the two plus two nancial Accounting Standards Board, sumers and for their protection. equals four. known as FASB, and the International

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12208 CONGRESSIONAL RECORD—HOUSE June 13, 2005 Accounting Standards Board, initiated Union Administration approved 330 therefore, has no impact on the stand- a joint project to develop a single uni- mergers involving federally insured ard-setting activities of FASB.’’ form standard for assessing the value credit unions in 2004, many of which I would like to again thank, and I of the assets and liabilities acquired in could have resulted in technically will name as I close, the cosponsors of business mergers and acquisitions. undercapitalized credit unions if FASB this legislation: Introduced by the gen- The effort resulted in the issuing of 141, imposing the purchase method, had tleman from Vermont (Mr. SANDERS), FASB statement 141 back in June of been applicable. The Agency projects a myself, the gentlewoman from Florida 2001. This statement required the use of similar number of mergers in 2006 that (Ms. GINNY BROWN-WAITE), the gen- the ‘‘purchase method’’ of accounting would be adversely affected unless we tleman from Florida (Mr. FEENEY), the as the most appropriate standard for pass this legislation. gentlewoman from Oregon (Ms. assuring that the assets of an acquired Madam Speaker, H.R. 1042 is bipar- HOOLEY), the gentlewoman from New business will be uniformly measured at tisan legislation which addresses a po- York (Mrs. KELLY), the gentlewoman their fair market value at the time of tential problem for credit unions that from New York (Mrs. MALONEY), the acquisition. needs to be resolved this year, because gentleman from Kansas (Mr. MOORE), Thus, FASB abolished the then very next year FASB 141 will be applicable the gentleman from Texas (Mr. PAUL), popular ‘‘pooling method’’ of account- to mutual businesses, including credit the gentleman from California (Mr. ing, which had been widely used to unions. It is supported by the National ROYCE), the gentleman from California measure the assets of surviving credit Credit Union Administration, the Na- (Mr. SHERMAN), the gentleman from unions in credit union mergers. The tional Association of State Credit Michigan (Mr. CAMP), the gentleman pooling method had permitted the Union Supervisors, and also by both from Illinois (Mr. GUTIERREZ), the gen- combining of the retained earnings of national credit union trade associa- tleman from Pennsylvania (Mr. KAN- both the surviving and the merged tions, the Credit Union National Asso- JORSKI), the gentleman from Ohio (Mr. credit unions to determine the net ciation, CUNA, and the National Asso- LATOURETTE), the gentlewoman from worth of the surviving credit union. ciation of Federal Credit Unions, New York (Mrs. MCCARTHY), the gen- Under the purchase method, which is NAFCU. tleman from Ohio (Mr. NEY), the gen- now required under FASB 141, the re- I am aware of no opposition to this tleman from Arizona (Mr. RENZI), and tained earnings of the merged credit bill, and I urge the House to suspend as I said, the main cosponsor, ranking union must be listed as ‘‘acquired eq- the rules and adopt the Net Worth member of the committee, the gen- uity,’’ a concept that did not exist at Amendment for Credit Unions Act. tleman from Vermont (Mr. SANDERS). the time the Federal Credit Union Act Madam Speaker, I have no further re- So that, I think, illustrates not only was last amended on this issue. quests for time, and I yield back the what the gentleman from California Currently the Credit Union Act rec- balance of my time. (Mr. SHERMAN) said, that there is no ognizes only retained earnings in cal- Mr. BACHUS. Madam Speaker, I opposition to this legislation, but also culating a credit union’s net worth and yield myself such time as I may con- the strong bipartisan support that this its net worth ratio. Accounting proce- sume, and let me simply conclude by has across this Congress. dures that fail to recognize that the re- saying that when the NCUA seeks a Madam Speaker, I submit for the tained earnings of the merged credit healthy credit union, or when there is RECORD herewith the various docu- union would seriously reduce the a troubled credit union and the NCUA ments referred to throughout my re- postmerger net worth ratio of the sur- seeks a healthy credit union to rescue marks: viving credit union. This could have it through merger, the pooling of po- the effect of discouraging a number of tential White Knights is presently lim- NASCUS needed mergers between smaller or ited because of the present interpreta- [Written Testimony of George Reynolds, weaker credit unions with a healthy tion. And as they have said, ‘‘They are Senior Deputy Commissioner, Georgia De- credit union, and it could result in de- limited by the prospect of a significant partment of Banking and Finance on be- terminations that the surviving credit postmerger reduction in capital for the half of the National Association of State union in the merger is technically acquiring credit union under the Credit Union Supervisors Before the Sub- committee on Financial Institutions and undercapitalized, even when that sur- present interpretation, if the FASB Consumer Credit, United States House of viving credit union has a large amount rule goes forward without this legisla- Representatives, April 13, 2005] of capital. It is simply that some of tion.’’ It goes on to say, NCUA, that NASCUS HISTORY AND PURPOSE that capital is listed as ‘‘acquired cap- ‘‘this will inevitably make NCUA-as- ital,’’ or ‘‘acquired equity’’ a term that sisted mergers more difficult to exe- Good afternoon, Chairman Bachus, and did not previously exist in our law, and cute, resulting in more credit union members of the Subcommittee. I am George Reynolds, Senior Deputy Commissioner for some of it is listed as ‘‘retained earn- failures and a higher cost to the Na- the Georgia Department of Banking and Fi- ings.’’ tional Credit Union’s Share Insurance nance. I appear today on behalf of the Na- H.R. 1042 provides a narrow technical Fund, which insures the deposits to tional Association of State Credit Union Su- fix for the problem of postmerger ac- credit union members.’’ pervisors (NASCUS), the professional state counting of credit union net worth. It So I conclude by saying that for this credit union regulators association. NASCUS amends the current definition of net reason, among others, not only the represents the 48 state and territorial credit worth for purposes of the Federal Cred- NCUA but also the National Associa- union supervisors, dedicated to defending the it Union Act to allow both retained tion of Federal Credit Unions, NAFCU, dual chartering system for credit unions and advised by the NASCUS Credit Union Coun- earnings of a credit union and ‘‘any and the Credit Union National Associa- cil, which is comprised of more than 500 amounts that were previously retained tion, CUNA, strongly support this leg- state-chartered credit unions. earnings of any other credit union with islation to ensure an accurate depic- In addition to being a state regulator, I am which the credit union has combined’’ tion of net worth in credit union merg- a certified public accountant allowing me to to be included in calculating a credit ers and to avoid creating unintended study and understand the accounting stand- union’s net worth and its net worth obstacles to mergers that would other- ards recommended by the Financial Ac- ratio. wise benefit credit union members. counting Standards Board (FASB). Today I Where the FASB 141 standard became In addition, FASB has stated that, have made recommendations on behalf of effective for most business combina- while it does not take positions on pub- NASCUS regarding the impact of changes to tions initiated after June 30, 2001, lic policy initiatives unless they could the accounting standards regarding mutual institutions. FASB had agreed to defer the imple- impair the mission and independence of The mission of NASCUS is to enhance mentation for mergers and acquisitions FASB, it believes H.R. 1042, and I state credit union supervision and to advo- among so-called mutual business enter- quote, ‘‘does not propose to establish cate policies that ensure a safe and sound prises, including credit unions, until or change general purpose standards of state credit union system. We achieve those the end of 2005. The National Credit financial accounting and reporting and, goals by serving as an advocate for a dual

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12209 chartering system that recognizes the tradi- eliminating the pooling method and requir- Carolyn Maloney (D–NY), Rick Renzi (R–AZ), tional and essential role that state governing the acquisition method. When this Carolyn McCarthy (D–NY), Brad Sherman ment plays as a part of the national system change to accounting rules is implemented it (D–CA), Bob Ney (R–OH), Tom Feeney (R– of depository financial institutions. will require that, in a merger, the net assets FL), Darlene Hooley (D–OR), Ginny Brown- NASCUS applauds the introduction of H.R. on a fair value basis of the merging credit Waite (R–FL). 1042, the Net Worth Amendment for Credit union as a whole, rather than retained earn- WHY THIS LEGISLATION SHOULD BE ADOPTED Unions Act, which amends the definition of ings, be carried over as ‘‘acquired equity,’’ a This amendment to the Federal Credit net worth to include the net worth of a cred- term not recognized by the ‘‘Federal Credit Union Act (FCUA) is needed to provide cer- it union merged with a surviving credit Union Act’’ (FCUA). Without this important tainty for the recognition of pre-merger ‘‘reunion. We appreciate the earnings’’ after the change, only ‘‘retained earnings’’ of the contained earnings’’ for purposes of PCA as ne- merger, period. There is no room, then, for tinuing credit union will count as net worth cessitated by SFAS 141. discretion and that has pros and cons. after a merger. This result would seriously The FASB has expressed support for a leg- Other federal banking regulators have au- reduce the post-merger net worth ratio of a islative solution and has indicated that a thority to exclude items from measures of federally insured credit union, because this legislative redefinition of capital (net worth) pre-merger equity that do not have value to ratio is the retained earnings of only the in the FCUA will not affect their standards- the insurance fund in a liquidation scenario, continuing credit union stated as a percent- setting activities. e.g., core deposit intangibles, goodwill, etc., age of the combined assets of the two insti- When crafting the prompt corrective ac- thus not ‘‘overvaluing’’ resulting postmerger tutions. A lower net worth ratio has adverse tion provisions of the FCUA in 1998 applica- capital. The language provided by NCUA last implications under the statutory ‘‘prompt ble to federally insured credit unions that year was intended to provide NCUA a com- corrective action’’ (PCA) regulation. This re- only recognized ‘‘retained earnings’’ of a sin- parable capital (GAAP equity) starting point sult will discourage voluntary mergers and gle credit union as net worth, the drafters and comparable authority to subtract simi- on occasion make NCUA assisted mergers did not anticipate this merger accounting lar items from ‘‘retained earnings’’ in merg- more difficult and costly to the National policy change by FASB. ers. Credit Union Share Insurance Fund The consequence of not making this However, concern surfaced with the earlier (NCUSIF). Without a remedy, an important change will dramatically alter the treatment language that somehow NCUA might be put NCUA tool for reducing costs and managing of retained earnings and net worth in a man- in the position of addinq to what qualifies as the fund in the public interest will be lost. ner that will make it difficult or impossible ‘‘net worth’’ and consequently the more pre- Thus, our reform roposal provides for a re- for many credit unions to consider com- cise language of HR 1042 was agreed upon. vised definition of net worth to include any bining their strengths through merger. This 5. How is ‘‘secondary capital’’ accounted amounts that were previously retained earn- seriously reduces the post-merger net worth for in mergers currently, and will this ings of any other credit union. ratio, because that ratio is the retained change under HR 1042? earnings stated as a percentage of the com- PRESERVING CREDIT UNION CAPITAL IN Post merger, secondary capital counts as bined assets of the institutions. Potential ac- MERGERS part of PCA net worth only if continuing quiring credit unions would naturally find FISCU is low income designated. CURRENT LAW the prospect of being demoted to a lower net 6. Is NCUA seeing an unusual rise of vol- Current law and FASB rules permit the worth category, and potentially subject to untary mergers of insured credit unions this recognition of the ‘‘retained earnings’’ of more supervisory actions, too high a price to year, in anticipation of the FASB rule being both the surviving and merged credit union pay to merge with another credit union. implemented for credit unions? after a merger. In 2004, there were 338 merg- Failure to make this change will under- No ers involving federally insured credit unions mine the purpose of ‘‘prompt corrective ac- 7. Does NCUA support SFAS 141? (237 voluntary, 7 assisted and another 94 tion’’ which is to resolve the problems of It’s fair to say that the credit union indus- mergers pending). In 2003, there were 299 credit unions while minimizing losses to the try is not welcoming the accounting rule mergers (294 voluntary, 5 assisted). National Credit Union Administration Share change from the pooling to the purchase THE PROBLEM Insurance Fund (NCUSIF). Fewer willing method for financial accounting purposes. The Financial Accounting Standards Board merger partners mean fewer opportunities to However, that is not what we are addressing avert losses to the NCUSIF by merging a or trying to influence here today or in HR (FASB) is expected to act in 2005 to lift the current deferral (and use of the pooling troubled credit union. Credit union mergers 1042. NCUA and the credit union industry are have traditionally been effective in accom- trying to prepare for and adjust to the pend- method) and thereby begin the use by credit unions of the acquisition method of account- plishing both objectives while preserving the ing implementation of SFAS 141—and con- continuity of credit union service to the tar- form to the options provided to others by ing in mergers by early 2006. This will eliminate the practice of accounting for mergers get credit union’s members. FASB to bring capital over as ‘‘acquired eq- Banks and their insurers do not have the uity’’ when there are business combinations. as a pooling of interests which credit unions have relied upon. When this change to ac- same concerns because their existing capital NCUA and the credit union industry are definition under relevant law is broader. The grateful to FASB for their consideration of counting rules is implemented it will require, in a merger, that the retained earn- FASB rule, in combination with their broad- mutual enterprises (thus, cooperative credit er statutory definition of capital, would not unions) by providing an exception to the rule ings-like component of one credit union be carried over as ‘‘acquired equity,’’ a term result in similar problems for banks and when it was implemented in 2001 for others— thrifts because they are allowed to include this has given all of us time to explore ways that is not recognized by the FCUA. Without a change to the Federal Credit virtually all components of ‘‘equity’’ in their to address the unexpected consequences. capital. Is 8. NCUA trying to interfere with FASB’s Union Act, only the ‘‘retained earnings’’ of accounting rulemaking authority? the continuing credit union will count as net Madam Speaker, I yield back the bal- Absolutely not. NCUA has nothing to do worth after the merger for purposes of PCA. ance of my time. with financial accounting reporting stand- This can seriously reduce the post-merger The SPEAKER pro tempore (Ms. net worth ratio of combined federally in- ards and FASB will proceed as it deems ap- GINNY BROWN-WAITE). The question is sured credit unions. A lower net worth ratio propriate. NCUA’s interest is limited to sup- on the motion offered by the gen- porting a solution to the unintended con- has adverse implications under the statutory ‘‘prompt corrective action’’ provisions in the tleman from Alabama (Mr. BACHUS) sequences that impact our proper safety and that the House suspend the rules and soundness role under the prompt corrective Federal Credit Union Act, and it is this reaction provisions of the FCUA. The FCUA sult that will strongly discourage voluntary pass the bill, H.R. 1042. needs to be amended so NCUA can recognize mergers and, on occasion, make NCUA as- The question was taken; and (two- the retained earnings of a merging credit sisted mergers more difficult and costly to thirds having voted in favor thereof) union, and this is comparable to what Con- the National Credit Union Share Insurance the rules were suspended and the bill gress permits in it statutes for other finan- Fund (NCUSIF). was passed. cial institutions. H.R. 1042 ‘‘NET WORTH AMENDMENT FOR CREDIT A motion to reconsider was laid on UNIONS ACT’’ the table. I would also point out that our reform pro- On March 2, 2005, Representative Spencer posal addresses an important technical Bachus (R–AL) and Bernard Sanders (I–VT) f amendment needed to the statutory defini- introduced H.R. 1042, the ‘‘Net worth Amend- RECESS tion of net worth. NCUA anticipates that the ment for Credit Unions Act.’’ They were Financial Accounting Standards Board joined by the following original co-sponsors: The SPEAKER pro tempore. Pursu- (FASB) will act soon to lift the current de- Representatives Ed Royce (R–CA), Paul Kan- ant to clause 12(a) of rule I, the Chair ferral of the acquisition method of account- jorski (D–PA), Steven LaTourette (R–OH), declares the House in recess until ap- ing for mergers by credit unions, thereby Luis Gutierrez (D–IL), Sue Kelly (R–NY), proximately 6:30 p.m. today.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12210 CONGRESSIONAL RECORD—HOUSE June 13, 2005 Accordingly (at 3 o’clock and 14 min- DeLauro King (IA) Pryce (OH) NAYS—2 DeLay King (NY) Putnam utes p.m.), the House stood in recess Flake Paul Dent Kingston Rahall until approximately 6:30 p.m. Diaz-Balart, L. Kirk Ramstad NOT VOTING—60 Diaz-Balart, M. Kline Rangel Baker Istook Radanovich f Dicks Kolbe Regula Berkley Jenkins Doggett Kucinich Rehberg Ros-Lehtinen Boswell Keller b 1830 Doolittle Kuhl (NY) Reichert Rothman Buyer Kennedy (RI) Doyle Langevin Renzi Rush Capito Kilpatrick (MI) AFTER RECESS Drake Lantos Reyes Sa´ nchez, Linda Dreier Larson (CT) Cardoza Knollenberg T. The recess having expired, the House Reynolds Case LaHood Duncan Latham Rogers (AL) Sanchez, Loretta was called to order by the Speaker pro Edwards LaTourette Clyburn Larsen (WA) Sessions Rogers (KY) Cooper Lee tempore (Mr. GILCHREST) at 6 o’clock Emanuel Leach Shays Rogers (MI) Crowley Lewis (GA) and 30 minutes p.m. Emerson Levin Rohrabacher Shimkus Engel Lewis (CA) Davis (FL) Meek (FL) Ross Simmons English (PA) Lewis (KY) Delahunt Moore (WI) f Roybal-Allard Stark Eshoo Linder Dingell Murtha Royce Strickland Etheridge Lipinski Ehlers Nadler ANNOUNCEMENT BY THE SPEAKER Ruppersberger Sullivan Evans LoBiondo Fattah Neal (MA) Ryan (OH) Sweeney PRO TEMPORE Everett Lofgren, Zoe Fossella Oberstar Ryan (WI) Towns The SPEAKER pro tempore. Pursu- Farr Lowey Green (WI) Owens Feeney Lucas Ryun (KS) Gutierrez Oxley Udall (CO) ant to the provisions of clause 8, rule Ferguson Lungren, Daniel Sabo Hinojosa Pascrell Waters XX, proceedings will resume on mo- Filner E. Salazar Hoyer Payne Young (FL) tions to suspend the rules previously Fitzpatrick (PA) Lynch Sanders Hulshof Peterson (PA) Saxton postponed. Foley Mack Forbes Maloney Schakowsky b 1854 Votes will be taken in the following Schiff Ford Manzullo Mr. WATT changed his vote from order: Fortenberry Marchant Schwartz (PA) ‘‘nay’’ to ‘‘yea.’’ S. 643, by the yeas and nays. Foxx Markey Schwarz (MI) Frank (MA) Marshall Scott (GA) So (two-thirds having voted in favor H.R. 2326, by the yeas and nays. Franks (AZ) Matheson Scott (VA) thereof) the rules were suspended and This will be a 15-minute vote fol- Sensenbrenner Frelinghuysen Matsui the Senate bill was passed. lowed by a 15-minute vote. Gallegly McCarthy Serrano Garrett (NJ) McCaul (TX) Shadegg The result of the vote was announced f Gerlach McCollum (MN) Shaw as above recorded. Gibbons McCotter Sherman A motion to reconsider was laid on Gilchrest McCrery AMENDING AGRICULTURAL CRED- Sherwood the table. IT ACT TO REAUTHORIZE STATE Gillmor McDermott Shuster Gingrey McGovern Simpson f MEDIATION PROGRAMS Gohmert McHenry Skelton The SPEAKER pro tempore. The Gonzalez McHugh Slaughter FLOYD LUPTON POST OFFICE Goode McIntyre pending business is the question of sus- Smith (NJ) Goodlatte McKeon Smith (TX) The SPEAKER pro tempore (Mr. pending the rules and passing the Sen- Gordon McKinney Smith (WA) GILCHREST). The pending business is Granger McMorris ate bill, S. 643. Snyder the question of suspending the rules Graves McNulty Sodrel The Clerk read the title of the Senate Green, Al Meehan and passing the bill, H.R. 2326. bill. Solis Green, Gene Meeks (NY) Souder The Clerk read the title of the bill. The SPEAKER pro tempore. The Grijalva Melancon Spratt Gutknecht Menendez The SPEAKER pro tempore. The question is on the motion offered by Stearns question is on the motion offered by Hall Mica Stupak the gentleman from Oklahoma (Mr. Harman Michaud Tancredo the gentleman from Tennessee (Mr. UCAS Harris Millender- L ) that the House suspend the Tanner DUNCAN) that the House suspend the Hart McDonald rules and pass the Senate bill, S. 643, Tauscher Hastings (FL) Miller (FL) rules and pass the bill, H.R. 2326, on Taylor (MS) on which the yeas and nays are or- Hastings (WA) Miller (MI) which the yeas and nays are ordered. Taylor (NC) dered. Hayes Miller (NC) Terry The vote was taken by electronic de- Hayworth Miller, Gary The vote was taken by electronic de- Thomas Hefley Miller, George vice, and there were—yeas 370, nays 0, vice, and there were—yeas 371, nays 2, Thompson (CA) Hensarling Mollohan not voting 63, as follows: Thompson (MS) not voting 60, as follows: Herger Moore (KS) Thornberry [Roll No. 242] [Roll No. 241] Herseth Moran (KS) Higgins Moran (VA) Tiahrt YEAS—370 YEAS—371 Tiberi Hinchey Murphy Abercrombie Boehner Chabot Tierney Abercrombie Boehner Castle Hobson Musgrave Ackerman Bonilla Chandler Turner Ackerman Bonilla Chabot Hoekstra Myrick Aderholt Bonner Chocola Udall (NM) Aderholt Bonner Chandler Holden Napolitano Akin Bono Clay Upton Akin Bono Chocola Holt Neugebauer Alexander Boren Cleaver Van Hollen Alexander Boozman Clay Honda Ney Allen Boucher Coble Vela´ zquez Allen Boren Cleaver Hooley Northup Andrews Boustany Cole (OK) Visclosky Andrews Boucher Coble Hostettler Norwood Baca Boyd Conaway Walden (OR) Baca Boustany Cole (OK) Hunter Nunes Bachus Bradley (NH) Conyers Bachus Boyd Conaway Hyde Nussle Walsh Baird Brady (PA) Costa Baird Bradley (NH) Conyers Inglis (SC) Obey Wamp Baldwin Brady (TX) Costello Baldwin Brady (PA) Costa Inslee Olver Wasserman Barrett (SC) Brown (OH) Cox Barrett (SC) Brady (TX) Costello Israel Ortiz Schultz Barrow Brown (SC) Cramer Barrow Brown (OH) Cox Issa Osborne Watson Bartlett (MD) Brown, Corrine Crenshaw Bartlett (MD) Brown (SC) Cramer Jackson (IL) Otter Watt Barton (TX) Brown-Waite, Cubin Barton (TX) Brown, Corrine Crenshaw Jackson-Lee Pallone Waxman Bass Ginny Cuellar Bass Brown-Waite, Cubin (TX) Pastor Weiner Bean Burgess Culberson Bean Ginny Cuellar Jefferson Pearce Weldon (FL) Beauprez Burton (IN) Cummings Beauprez Burgess Culberson Jindal Pelosi Weldon (PA) Becerra Butterfield Cunningham Becerra Burton (IN) Cummings Johnson (CT) Pence Weller Berman Calvert Davis (AL) Berman Butterfield Cunningham Johnson (IL) Peterson (MN) Westmoreland Berry Camp Davis (CA) Berry Calvert Davis (AL) Johnson, E. B. Petri Wexler Biggert Cannon Davis (IL) Biggert Camp Davis (CA) Johnson, Sam Pickering Whitfield Bilirakis Cantor Davis (KY) Bilirakis Cannon Davis (IL) Jones (NC) Pitts Wicker Bishop (GA) Capps Davis (TN) Bishop (GA) Cantor Davis (KY) Jones (OH) Platts Wilson (NM) Bishop (NY) Capuano Davis, Jo Ann Bishop (NY) Capps Davis (TN) Kanjorski Poe Wilson (SC) Bishop (UT) Cardin Davis, Tom Bishop (UT) Capuano Davis, Jo Ann Kaptur Pombo Wolf Blackburn Carnahan Deal (GA) Blackburn Cardin Davis, Tom Kelly Pomeroy Woolsey Blumenauer Carson DeFazio Blumenauer Carnahan Deal (GA) Kennedy (MN) Porter Wu Blunt Carter DeGette Blunt Carson DeFazio Kildee Price (GA) Wynn Boehlert Castle DeLauro Boehlert Carter DeGette Kind Price (NC) Young (AK)

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12211 DeLay King (IA) Pryce (OH) NOT VOTING—63 96 percent of white students. Again, Dent King (NY) Putnam Baker Hulshof Pence Diaz-Balart, L. Kingston Rahall nearly a 10 percent improvement. Berkley Istook Diaz-Balart, M. Kirk Ramstad Peterson (PA) Mr. Speaker, No Child Left Behind is Boozman Jenkins Dicks Kline Rangel Radanovich Boswell Keller working. Student test scores are rising. Doggett Kolbe Regula Ros-Lehtinen Buyer Kennedy (RI) But more importantly, students are Doolittle Kucinich Rehberg Rothman Capito Kilpatrick (MI) Doyle Kuhl (NY) Reichert Rush leaving the classroom with the funda- Cardoza Knollenberg Drake Langevin Renzi Sa´ nchez, Linda mental skills necessary to succeed at Case LaHood Dreier Lantos Reyes T. Clyburn Larsen (WA) the next level and in life. Duncan Larson (CT) Reynolds Sanchez, Loretta Cooper Lee Sessions f Edwards Latham Rogers (AL) Crowley Lewis (GA) Emanuel LaTourette Rogers (KY) Shimkus Davis (FL) Marchant b 1915 Emerson Leach Rogers (MI) Delahunt Meek (FL) Simmons Engel Levin Rohrabacher Dingell Moore (WI) Stark SPECIAL ORDERS English (PA) Lewis (CA) Ross Ehlers Murtha Strickland Eshoo Lewis (KY) Roybal-Allard Fattah Nadler Sullivan The SPEAKER pro tempore (Mr. Etheridge Linder Royce Fossella Neal (MA) Sweeney KUHL of New York). Under the Speak- Evans Lipinski Ruppersberger Gingrey Oberstar Towns er’s announced policy of January 4, Everett LoBiondo Ryan (OH) Green (WI) Owens Udall (CO) Farr Lofgren, Zoe Ryan (WI) Gutierrez Oxley Waters 2005, and under a previous order of the Feeney Lowey Ryun (KS) Hinojosa Pascrell Young (FL) House, the following Members will be Ferguson Lucas Sabo Hoyer Payne Filner Lungren, Daniel Salazar recognized for 5 minutes each. Fitzpatrick (PA) E. Sanders b 1912 f Flake Lynch Saxton Foley Mack Schakowsky So (two-thirds having voted in favor SMART SECURITY AND IRAQ Forbes Maloney Schiff thereof) the rules were suspended and WITHDRAWAL PLAN Ford Manzullo Schwartz (PA) the bill was passed. Fortenberry Markey Schwarz (MI) The SPEAKER pro tempore. Under a The result of the vote was announced Foxx Marshall Scott (GA) previous order of the House, the gentle- Frank (MA) Matheson Scott (VA) as above recorded. woman from California (Ms. WOOLSEY) Franks (AZ) Matsui Sensenbrenner A motion to reconsider was laid on is recognized for 5 minutes. Frelinghuysen McCarthy Serrano the table. Gallegly McCaul (TX) Shadegg Ms. WOOLSEY. Mr. Speaker, one Stated for: Garrett (NJ) McCollum (MN) Shaw would not travel to a foreign country Gerlach McCotter Shays Mr. BOOZMAN. Mr. Speaker, on rollcall No. without making a plan. And one would Gibbons McCrery Sherman 242, I was detained concerning a pressing Gilchrest McDermott Sherwood not buy a house without first making a Gillmor McGovern Shuster legislative matter, Base Realignment in the 3rd plan, so why does the Bush administra- Gohmert McHenry Simpson District of Arkansas, and unable to vote. Had tion insist on fighting a quarter tril- Gonzalez McHugh Skelton I been present, I would have voted ‘‘yea.’’ Goode McIntyre Slaughter lion dollar war without a plan to end Goodlatte McKeon Smith (NJ) f it? It is totally irresponsible for the Gordon McKinney Smith (TX) PERSONAL EXPLANATION White House to ask 150,000 United Granger McMorris Smith (WA) States troops to serve in a dangerous Graves McNulty Snyder Green, Al Meehan Sodrel Mr. GUTIERREZ. Mr. Speaker, I was un- country halfway around the world Green, Gene Meeks (NY) Solis avoidably absent from this Chamber today. without a plan to bring them home. Grijalva Melancon Souder Had I been present, I would have voted ‘‘yea’’ With over 1,700 American soldiers Gutknecht Menendez Spratt on rollcall votes 241 and 242. Hall Mica Stearns killed in action thus far, representing Harman Michaud Stupak f more than 1 percent of our total force Harris Millender- Tancredo in Iraq, our government owes them the Hart McDonald Tanner NO CHILD LEFT BEHIND courtesy of planning on how we are Hastings (FL) Miller (FL) Tauscher SUCCESSES Hastings (WA) Miller (MI) Taylor (MS) going to bring them home. Hayes Miller (NC) Taylor (NC) (Mr. PRICE of Georgia asked and was Unfortunately, the government has Hayworth Miller, Gary Terry given permission to address the House failed our troops in Iraq from the very Hefley Miller, George Thomas for 1 minute and to revise and extend beginning. First, we did not have a Hensarling Mollohan Thompson (CA) Herger Moore (KS) Thompson (MS) his remarks.) plan on going in and why we were Herseth Moran (KS) Thornberry Mr. PRICE of Georgia. Mr. Speaker, going in. Higgins Moran (VA) Tiahrt in classrooms across the country, Next, the Pentagon neglected to pro- Hinchey Murphy Tiberi schools are making the grade when it vide life-saving body armor for each Hobson Musgrave Tierney Hoekstra Myrick Turner comes to No Child Left Behind. In my and every one of our troops. A study by Holden Napolitano Udall (NM) home State, Georgia is making signifi- the Pentagon released last year stated Holt Neugebauer Upton cant gains. The achievement gap is that nearly one-quarter of those killed Honda Ney Van Hollen Hooley Northup Vela´ zquez narrowing as students in schools are during the first year of the war could Hostettler Norwood Visclosky held accountable for their perform- have been saved with the proper body Hunter Nunes Walden (OR) ance. Educators know that merely pro- armor; but we did not plan to protect Hyde Nussle Walsh moting students to the next grade level them well. Inglis (SC) Obey Wamp Inslee Olver Wasserman is not the solution to low test scores. Now with over 1,700 American sol- Israel Ortiz Schultz In 2002, 64 percent of African Amer- diers dead, the government has contin- Issa Osborne Watson ican fifth-graders passed the State ually neglected to plan for an end to Jackson (IL) Otter Watt Jackson-Lee Pallone Waxman math test compared with 86 percent of this disastrous war. President Bush (TX) Pastor Weiner white students, a 22 percentage point likes to talk about the importance of Jefferson Paul Weldon (FL) gap. Now, thanks to No Child Left Be- high troop morale, but he needs to talk Jindal Pearce Weldon (PA) hind, 80 percent of African American to the Veterans Against the Iraq War. Johnson (CT) Pelosi Weller Johnson (IL) Peterson (MN) Westmoreland students passed the test, compared They will tell Members the best way to Johnson, E. B. Petri Wexler with 92 percent of white students, a 10 ensure high morale, and they will say Johnson, Sam Pickering Whitfield percent improvement. the best way is for our soldiers to be Jones (NC) Pitts Wicker Jones (OH) Platts Wilson (NM) In 2002, 71 percent of Hispanic third- assured they will actually be coming Kanjorski Poe Wilson (SC) grade students passed the State read- home, they will leave Iraq and there Kaptur Pombo Wolf ing test compared with 90 percent of will be a plan to make it happen. Kelly Pomeroy Woolsey white students, a 19 percentage point The way to ensure that and to raise Kennedy (MN) Porter Wu Kildee Price (GA) Wynn gap. This year, 86 percent of Hispanic their morale is by starting to bring Kind Price (NC) Young (AK) students passed the test compared with them home. Why then has President

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12212 CONGRESSIONAL RECORD—HOUSE June 13, 2005 Bush not stated America’s long-term drugs and how much Americans pay He is very strongly in favor of the intentions in Iraq? His comments on relative to consumers in the rest of the bill I have introduced which is cospon- the subject have been limited to state- industrialized world. What we have on sored by a wide range of Members of ments like, We will stay until the mis- this chart are the prices effective Feb- the House which would open up the sion has succeeded and not one day ruary 7, 2005, so they are relatively pharmaceutical markets, much as we longer. new. We have prices here from the Met- do with everything else. Mr. Speaker, how does he define the ropolitan Pharmacy in Frankfurt, Ger- I also want to say a special tribute to mission as succeeded when he will not many, and a local pharmacy in my Minnesota’s governor, Governor Tim even acknowledge that there is an ac- hometown of Rochester, Minnesota. Pawlenty, because he was one of the tual end to the mission? Over the last year, we expected the first governors to recognize that Min- Even if the President will not create prices to narrow because of what has nesotans should not be held hostage. a plan to end the war in Iraq, there are happened to the dollar relative to the And now he has opened up not just the many in Congress and around the coun- euro, but, in fact, the price difference drugs from Canada, but we have actu- try who will. Earlier this month nearly between what Americans pay and Ger- ally opened up to Great Britain as well. one-third of the House voted for the mans pay has actually gotten worse. One of the things that he often says amendment I offered to the defense au- Let me give a couple of examples. A is the industry says this is unsafe. He thorization bill to urge the President drug called Norvasc, 30 tablets, 5 milli- says if it is really unsafe, show me the to create a plan for the withdrawal of grams, in Rochester, Minnesota, $54.83. dead Canadians and the dead Euro- troops from Iraq. This sensible amend- In Germany, only $19.31. peans and the dead Germans. ment would not have whisked our Drop down to another drug, and these The truth of the matter is they do troops out of Iraq prematurely, it sim- are 10 of the most commonly prescribed this every day and they are not geneti- ply asked the President to get busy and drugs in the United States and in Eu- cally smarter than we are. We ought to develop a plan for the end of this war. rope. Zocor, $85.39 for a month’s supply have the same ability to use parallel Believe me, if he does not, we will be- in the United States, and in Germany trade to reduce these outrageous prices cause the people of this country want it is $23.83. here in the United States. I also want to show a letter that I, to bring our troops home. Fortunately, Mr. Speaker, what is important and 220 of my colleagues, sent to the there is a plan that would secure Amer- about that particular drug is for many of the programs, including many of the Speaker of the House recently. A ma- ica for the future, SMART Security. jority of the Members of this House SMART is Sensible, Multilateral Federal employees, the copay here in the United States for that drug is $30. want to have a vote to allow Ameri- American Response to Terrorism for cans to have access to world-class You can walk in off the street and buy the 21st Century. SMART will help us drugs at world market prices, and we it at the Metropolitan Pharmacy in address the threats we face as a Nation are going to continue to put pressure Frankfurt, Germany, for less than the and will make war the last option. on the leadership, on the administra- copay in the United States. SMART Security will prevent acts of tion, on the FDA, whoever it takes to Mr. Speaker, the chart speaks for terrorism in countries like Iraq by ad- make certain Americans get fair itself. The total for the 10 most com- dressing the very conditions that allow prices. terrorism to take root: Poverty, de- monly prescribed drugs in Germany is Mr. Speaker, ultimately we do not spair, resource scarcity and lack of $455.57. In the United States it is more want something for nothing. We do not educational opportunity. than double that at $1,040.04. believe we ought to take advantage of The question is how does this hap- SMART Security encourages the somebody else, but we do not think we United States to work with other na- pen? The answer is Americans are held should be taken advantage of either, tions to address the most pressing hostage because pharmaceutical com- and it is time Americans get fair global issues. SMART addresses global panies get a special provision that no- prices. It really is time that the crises diplomatically instead of by re- body else gets. They deal with intellec- world’s best customers have access to sorting to armed conflict. tual property, and the cost of that first the world’s best drugs at world market Efforts to help the Iraqi people must product coming off the line is very ex- prices. follow the SMART approach, humani- pensive and that is why they have to I hope more Members will join me in tarian assistance coordinated with our have these high prices. I understand this effort because I believe the time international allies to rebuild Iraq’s that. The cost of the research for a new has come to make that certain we open war torn physical and economic infra- drug is extremely high. That first new up these markets so we get fair prices structure. pill can cost 350, 400, maybe even $500 for consumers. Whatever their par- Mr. Speaker, the American people million. But it is the same thing for ticular condition, we want fair prices clearly prefer the SMART approach to Intel when they develop a new chip, and we want them now. but Intel does not get the same protec- our current policies in Iraq. Nearly 60 f percent of Americans believe the war tions. They cannot sell their chips to in Iraq has been handled poorly and Germans for half the price they sell AMERICAN FOREIGN SERVICE that the United States should imme- them to Americans because the sup- ASSOCIATION AWARD WITHDRAWN diately begin withdrawing some or all pliers would start selling them back in The SPEAKER pro tempore. Under a of our troops. Let us support our troops the United States. That is what is previous order of the House, the gen- in Iraq and the will of 60 percent of the called parallel trade, and that is what tleman from New Jersey (Mr. PALLONE) American people. We can do both by they have had in Germany for a long is recognized for 5 minutes. beginning to bring home our troops time. Mr. PALLONE. Mr. Speaker, I rise serving in Iraq. The time is now. The Throughout the European Union, a this evening to express my disappoint- time is now to end the United States pharmacist in Germany can buy their ment with the American Foreign Serv- military occupation of Iraq. supplies from Spain or from Norway or ice Association, and its decision to f wherever they can buy that Zocor withdraw awarding a ‘‘Constructive cheaper. As a result, they have a com- Dissent’’ award to U.S. Armenian Am- PRESCRIPTION DRUG PRICES petitive marketplace over there. If bassador John Evans. The SPEAKER pro tempore. Under a Members want to learn more about Ambassador Evans was due to receive previous order of the House, the gen- that, we have a videotape by Dr. Peter the Christian A. Heter Award for intel- tleman from Minnesota (Mr. GUT- Rost, who is an M.D. and he is an exec- lectual courage, initiative, and integ- KNECHT) is recognized for 5 minutes. utive with one of the largest pharma- rity later this week. The award was as Mr. GUTKNECHT. Mr. Speaker, I rise ceutical companies in the world, and he a result of courageous statements he again tonight on the floor of the House has come out in favor of parallel trad- made regarding the recognition of the to talk about the issue of prescription ing. Armenian genocide.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12213 In a series of public statements, Am- taken from him because of politics and 50,000 jobs and a widening of the in- bassador Evans, who has studied Rus- denial. come gap in Mexico. sian history at Yale and Columbia and Mr. Speaker, I want to add my voice Make no mistake, wealth in Mexico Ottoman history at the Kennan Insti- to all those who, in Ambassador Evans’ has increased since NAFTA, but it has tute stated, ‘‘I will today call it the Ar- own words, and again I am quoting, not been evenly distributed. Since menian genocide.’’ think it is unbecoming of us as Ameri- NAFTA, an additional 19 million Mexi- Mr. Speaker, Ambassador Evans has cans to play word games here. I believe cans are impoverished, and President studied history of Armenia, and based in calling things by their name. Evans Vicente Fox has stated that 54 million on his substantial studies of the issue, was right, and the American Foreign Mexicans are too poor to meet their he is willing to go on the record and de- Service Association was correct in basic needs. With 10 percent of the fine the actions taken Armenians as awarding him the Christian A. Herter Mexican population controlling half of genocide. The Armenian genocide was Award. We should encourage our Am- the nation’s wealth, it is easy to see the systematic extermination, the bassadors to speak the truth, and, that the average Mexican worker has murder, of 1.5 million Armenian men, more broadly, end, once and for all, our not benefited from NAFTA. One would women and children. To this day, the complicity in Turkey’s campaign of think our country would learn from Republic of Turkey refuses to acknowl- genocide denial. the many failures of NAFTA instead of edge the fact that this massive crime Mr. Speaker, Ambassador Evans has applying the nearly identical trade pro- against humanity took place on soil been penalized for simply telling the visions to the Central American and under its control, and in the name of truth. The American Foreign Service Dominican Republic. I have long opposed free trade agree- Turkish nationalism. Association has set a terrible example ments with countries with substan- Unfortunately, some 90 years later, by retracting Ambassador Evans’ tially lower standards of living than we the U.S. State Department continues award. I guess, even in America, the have here in the United States. I am to support Turkey’s demands and deni- Turkish Government is able to stifle proud to represent the third most blue- als despite all evidence to the contrary. debate. collar district in our country. The It is not likely that the State Depart- f workers in our district benefit from the ment was happy that their Ambassador REPORT ON RESOLUTION PRO- labor laws on the books of our country. to Armenia acknowledged the Arme- VIDING FOR CONSIDERATION OF While our labor laws could certainly be nian genocide. And, therefore, Ambas- H.R. 2862, SCIENCE, STATE, JUS- strengthened, they ensure that our sador Evans retracted his remarks TICE, COMMERCE, AND RELATED blue-collar workers receive a living after receiving substantial pressure AGENCIES APPROPRIATIONS wage and make up a thriving middle from the State Department. ACT, 2006 class in our country, although a Well, now the selection committee at shrinking middle class in our country, Mr. GINGREY, from the Committee the American Foreign Service Associa- might I add. tion has decided to withdraw the award on Rules, submitted a privileged report I have no doubts whatsoever about with no reason for its actions. I find (Rept. No. 109–122) on the resolution (H. the skills and productivity of our the timing of the decision peculiar. Res. 314) providing for consideration of American workers, but they cannot The sharp turnaround came right be- the bill (H.R. 2862) making appropria- compete against similar workers in fore Turkish Prime Minister Erdogan tions for Science, the Departments of Nicaragua, for example, where wages arrived in Washington for a meeting State, Justice, and Commerce, and re- average about $200 a month. This sal- with President Bush. Based on past his- lated agencies for the fiscal year endary differential puts the American tory, it is clear that the State Depart- ing September 30, 2006, and for other worker and American products at a dis- ment, the Bush administration, and purposes, which was referred to the advantage, one that this country the pro-Turkish lobby pressured AFSA House Calendar and ordered to be should not allow to be exploited to withdraw Ambassador Evans’ award. printed. through a free trade agreement. It is simply unacceptable for this ad- f The labor laws of the CAFTA coun- ministration to continue to penalize CAFTA: A LOSE-LOSE tries do not come close to meeting the ambassador for his comments. Am- PROPOSITION international standards. Each of the bassador Evans did a courageous thing. DR–CAFTA countries has been cited by His statements did not contradict U.S. The SPEAKER pro tempore. Under a the International Labor Organization policy, but rather articulated the same previous order of the House, the gen- for policies which provide inadequate message that this administration has tleman from Texas (Mr. GENE GREEN) protection against antiunion discrimi- sent to the public. The only difference is recognized for 5 minutes. nation. Four of the five countries have in this case is that Ambassador Evans Mr. GENE GREEN of Texas. Mr. laws on the books that significantly assigned a word to define the actions Speaker, I rise tonight during the 5- impede workers’ ability to strike, and taken against the Armenians. minute time in opposition to the each of the countries has laws that re- flawed free trade agreement the admin- b 1930 strict union formation or union leader- istration signed with the Dominican ship. This was a refreshing break, I must Republic and Central American coun- Mr. Speaker, free enterprise includes add, from a pattern on the part of the tries. My colleague from Ohio (Mr. not only me as a businessperson, but State Department of using evasive and BROWN) has an hour later, but I wanted also me as a person to be able to collec- euphemistic terminology to obscure to do a 5-minute on the Central Amer- tively bargain for my wages and my the full reality of the Armenian geno- ican Free Trade Agreement and the Do- working conditions. What is worse, the cide. Ambassador Evans pointed out, minican Republic. CAFTA agreement has no real enforce- and I quote, that no American official Over the past year we have continued ment mechanism to force a change in has ever denied it, and went on to say, to learn about this agreement. During these labor laws. True, the agreement and I quote, I think we, the U.S. Gov- this time the opposition to CAFTA, as technically requires the enforcement of ernment, owe you, our fellow citizens, it is called, has only grown stronger. all labor laws, and as a penalty for fail- a more frank and honest way of dis- The more we learn, the more we realize ing to enforce its labor laws, a CAFTA cussing this problem. that CAFTA is a lose-lose proposition. country must pay a fine to improve the Ambassador Evans was merely re- It is no secret that CAFTA is modeled labor conditions. However, the agree- counting the historical record, which after the NAFTA agreement that was ment contains no guarantee that the has been attested to by over 120 Holo- supposed to create new markets for fine will be used for that purpose. In caust and genocide scholars from U.S. products and lift up the low-in- fact, as a party to the CAFTA agree- around the world. By doing this, he come people in Mexico. The unfortu- ment, the U.S. has the ability to with- earned a prestigious award that was nate result of NAFTA was the loss of draw trade benefits only based on

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12214 CONGRESSIONAL RECORD—HOUSE June 13, 2005 whether that fine is paid, not on how the heels of the beginning days of the When President Bush ran for the that money is used. Cold War as well as the closing days of nomination in 2000, he announced that This provision violates the spirit of the Korean War, the Interstate High- he was against nation-building. You the fast track negotiating authority way System today. President Kennedy, look sometimes at this budget, you under which Congress will consider in the midst of Vietnam and the early look at what he has done, and who CAFTA. Under fast track, all parts of days of his administration of a cold knew it was America he was talking an agreement must be subject to equal war, envisioned a man on the moon and about when it came to nation-building? remedies. Yet under CAFTA, the pen- NASA, where America would dominate It is time for this President to lay out alties for labor violations are much space and all the benefits that would a vision that says, with all the sac- weaker than those involved in commer- come from that. President Johnson saw rifices, his vision for America, what we cial disputes, whether it be copyright health care as his vision, Medicare and are going to do. We are going to build or some other commercial dispute. Medicaid. in the science, we are going to build in Make no mistake about it, this While we are fighting in Iraq and Af- the medical field, we are going to pro- agreement is not in the interest of the ghanistan, while Americans have lost vide universal health care. What is it? Central American worker or the Amer- 1,700 of their fellow citizens, over 10,000 It has got to be more than a veto of a ican worker. This agreement would who have been wounded and cost us highway bill, and it has got to be more just open the door for American multi- $350 billion of taxpayer-funded entities than the elimination of 60 vocational national corporations or other coun- and a taxpayer-funded war, what is our programs. It has got to be more than tries’ multinational corporations to vision? What has this President said? walking away from landing a man on shift their operations overseas for How does he see America down that ho- Mars. It has got to be a vision that cheap Central American labor. In the rizon, that point out there on the hori- says the sacrifice was worthy of this interest of both American workers and zon as you look forward? What are we country and its great commitment to the Central American workers, I en- going to build? What vision do we lay democracy around the world. courage my colleagues to join me, and for the next generation for all the sac- f a majority of this House, in opposition rifices Americans have made, not just to DR–CAFTA. in blood and in treasure, but for our CAFTA f sense of our country? The SPEAKER pro tempore. Under a As I said, President Lincoln saw an previous order of the House, the gentle- IRAQ intercontinental railroad system. This woman from California (Ms. SOLIS) is The SPEAKER pro tempore. Under a President wants to eliminate Amtrak. recognized for 5 minutes. previous order of the House, the gen- President Eisenhower built highways. Ms. SOLIS. Mr. Speaker, today I also tleman from Illinois (Mr. EMANUEL) is The highway system we have today rise to join my colleagues in opposition recognized for 5 minutes. was laid out by President Eisenhower. to the Dominican Republic Central Mr. EMANUEL. Mr. Speaker, a few President Bush is threatening to veto American Free Trade Agreement, weeks ago, this Congress approved an the highway bill. President Kennedy known as CAFTA. The gentleman from additional $82 billion for the wars in saw a man on the Moon. The President Ohio (Mr. BROWN) and other Members Iraq and Afghanistan. That is on top of has walked away from his vision of of Congress will shortly be speaking for the other $220 billion that we had ap- putting a man on Mars. President Roo- a special hour to take note of the nega- propriated, raising the total cost of sevelt saw a GI bill for the troops to tive effects that CAFTA will have not this war to more than $300 billion. If come home. Just this last week we cut only on the American public, but also that was not enough, this week we are or eliminated the opportunity for our our relatives and friends that live in about to approve another $45 billion as National Guard and reservists to get Central America. a bridge loan for the operations in Iraq, health care. I have the distinction of being one of bringing the cost up to $350 billion. Every President during the midst of the few Members of Congress with fam- What have we gotten ourselves and a war has had a vision of America after ily that lives in Central America. I what have we accomplished in the last that war that was bigger, grander and have seen firsthand for myself the con- 2 plus years and after nearly now $350 worth all the sacrifice that said the ditions that people are currently living billion of American taxpayer money? benefits of that war, America’s pres- in there right now, in a small country We defeated Saddam Hussein’s re- tige, would come home in material known as Nicaragua where the poverty gime, but today we find ourselves benefits to America. That is why we levels are just outrageous. There is no mired in an endless occupation with have an intercontinental highway sys- relief that will come through CAFTA, the inability to find a way out of our tem. That is why we had a railroad sys- in my opinion. occupation of Iraq. In fact, the generals tem. That is why we had the land grant As I see it right now, what we have there say we are years off from ever colleges. That is why we put a man on learned from the NAFTA trade agree- being able to extricate ourselves from the Moon. We saw a vision, every Presi- ment that was passed some 10 years Iraq. Operation Iraqi Freedom was a dent that led this country both ago, before I came to this House, we war of choice. As President Kennedy through war and then through peace. will see the same pillaging occur with once said, ‘‘To govern is to choose.’’ It is at this time that this President individuals who represent Central One can only hope that the war in Iraq needs to lay out a vision, and, let me American countries, particularly was the right choice. tell you, it needs to be larger than a young women. The pattern does not Every President in the middle of a tax cut. That is not a vision. Somehow, change. war has thought and laid out a vision do we have a universal broadband, so In my visit there 2 years ago, I had a of America after that war, how to see America leads again technologically? chance to see women outside at 5 of all the sacrifices that America Would you see in the midst of a war a o’clock in the morning, over 300 women made, how the benefits of the war President who submits a budget that lining up to enter into these maquilas, would come home. President Lincoln cuts the National Institutes of Health, these assembly plants, if you will, in thought of the land grant colleges and a President who eliminates from the free trade zones that were set up in El the transcontinental railroad system National Science Foundation $100 mil- Salvador and Nicaragua. In El Salvador in the midst of a civil war. He saw a lion from its budget, yet we placed 16th they were lined up to begin their work way of building America when it be- for the first time in computer sciences? of 12 to maybe 14 hours a day, gaining came clear we were going to win that That is not a vision of America that maybe less than $30 a week, living far war. President Roosevelt, the GI bill goes forward. That is a smaller, a re- from their families in areas that would and universal health care; President duced America, an America that does not provide them with decent housing Truman, the minimum wage, universal not see itself in the grand scheme of or even sanitation. And I am concerned health care; President Eisenhower, on things. because when we talk as a country, a

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12215 great Nation protecting the rights of talk to us about what they see in terms the administration of the Oil-for-Food our workers here, we also set an exam- of the wrongness about this CAFTA program by the U.N. staff and by Sad- ple for those individuals that represent agreement. dam Hussein was implemented, it not other foreign countries when we say we And I hope that Members in our only made a mockery of the humani- want to open up fair trade agreements. party as well as the other side of the tarian aid program, but it collected an In my opinion, this is not an agree- aisle will come to some reason that we estimated $20 billion while the U.N. ment that I support. I can tell you by could maybe put this aside and maybe turned its head. Yet the Oil-for-Food hearing from people there firsthand renegotiate this whole effort because I program is but one example of an insti- that have told me that they do not be- do believe, Mr. Speaker, that we are tution that is rife with financial scan- lieve that they are going to reap any heading down a wrong path. I do not dal. benefits; that the profits will go to the want to see any more of our jobs leav- Some other notable examples include big corporations, whether they are U.S. ing and then bringing about what I in 1995, for example, scandal consumed or other foreign entities. That money, would call a suppression of the work- the Kenya office of UNICEF, the U.N. I do not believe, will stay there to help force in those Central American coun- body created to provide assistance to restabilize and provide infrastructure, tries, particularly when it affects the world’s disadvantaged children, clinics, education and decent housing women. When we see 14- and 15-year-old when that office defrauded or squan- for the people that will be working women having to work for 14 and dered up to $10 million in agency funds. there for many years to come. maybe 16 hours a day, 6 days a week, In fact, what we have seen occur in not being able to go to school, not hav- Another example, in 1996, a senior U.N. Mexico is that, yes, we set up our ing any health care coverage, not hav- official at the United Nation’s Con- maquiladoras there along the border in ing a decent wage to help support their ference on Trade and Development, the an area like Ciudad Juarez, and soon own families, then I have to ask the body providing technical assistance for we found that they could go for cheap- question why are we heading down that the least developed countries, was in- er labor by leaving there, almost half path? And that is something that I vestigated on suspicion of embezzling of those maquilas, and transporting truly believe my constituents support between $200,000 and $600,000. their factories to China where they me on, and I have heard from them as Another example, in 1997, 16 past or could get a lower cost for wage labor well. We had a forum at Cal State Los present employees of the United Na- and provide less protections for people Angeles recently where we had ten in- tions Development Programme, which in the workplace. Meanwhile, those dividual witnesses speak, and there is a was created to help countries design products are coming back to this coun- resounding no for CAFTA. and carry out development programs in try. So I would urge my colleagues to pay poverty eradication, employment cre- My question is, why is it that this attention and to heed the concerns ation, and sustainable livelihoods, they country feels somehow that it is good that we have here in the Congress such were placed under investigation after to provide incentives for big corpora- as the gentleman from Ohio (Mr. more than $6 million was siphoned off tions who do not pay taxes here and BROWN) and other Members that have over an 8-year period. allow for the squalor and mistreatment been leading the cause. To combat these deficiencies, the of people in an inhumane way abroad, f United Nations Reform Act before us yet we are supposed to be setting an THE UNITED NATIONS REFORM this week has built in budget certifi- example? ACT OF 2005 cation requirements, accountability provisions to address the mismanage- b 1945 The SPEAKER pro tempore (Mr. ment and the corruption, including: I know that the President a year ago KUHL of New York). Under a previous holding the United Nations Secretary introduced this proposal, and he has order of the House, the gentlewoman General accountable to certify that the yet to bring it up because I understand from Florida (Ms. ROS-LEHTINEN) is United Nations’ budget is maintained that his own party is not in support. He recognized for 5 minutes. has many Members that are very reluc- Ms. ROS-LEHTINEN. Mr. Speaker, I at the approved level; two, requiring tant to support CAFTA because we appreciate the opportunity to speak to that the U.N. budget be more trans- have seen a number of jobs, over the Members about the United Nations parent by requiring more details on the 750,000, that have left this country. In Reform Act of 2005, which the House budget categories; three, creating an my district alone during NAFTA, we will be considering on Thursday of this Office of Internal Oversight Services lost more than 1,000 jobs, many in the week. I would like to commend the and the Board of External Auditors, in- textile and agricultural industry, many gentleman from Illinois (Chairman cluding the ability to appoint a special investigator and staff to investigate of those low-paying jobs that were held HYDE), whose skillful leadership was by Latinos. essential in both crafting and moving matters involving senior United Na- So when I think about CAFTA, I this important bill through committee, tions officials and also creating an Of- think about what is going to happen and I would like to thank the House fice of Ethics which will be responsible again to those individuals in this coun- leadership, whose commitment and for creating and managing a code of try, people who are right now trying to support to this legislation of global im- ethics for all United Nations employ- make a living and will see soon their portance has been critical to moving it ees, including education and annual jobs leave this country and go abroad. swiftly to the House floor for consider- training and publishing of U.N. staff What will they then be left with hold- ation. salaries. ing the bag? The United Nations Reform Act of The scandals involving U.N. peace- All I can tell everyone is that there 2005, Mr. Speaker, aims to institute keeping are even more horrible than are many of us here, including the Con- long-overdue U.N. reforms by address- these. One example, Mr. Speaker, while gressional Hispanic Caucus, 14 mem- ing and correcting the numerous scan- I finish this Special Order, of these ter- bers, a good majority of our Members, dals and institutional failings that rible crimes is appalling and unaccept- who voted against CAFTA, and I hope have characterized the United Nations, able, but, unbelievable, the appear- that everyone here is paying attention a flawed structure that gives rise to ances of crimes involving sexual mis- because we are not just speaking from discrimination and negligence at best, conduct on the part of U.N. peace- our own districts, but we are talking and corruption, profiteering, and collu- keepers over the past decade have be- also about individuals representing sion at worst. come frequent to include incidents of, those different countries who have The Oil-for-Food scandal is a primary for example, the Congo, where the U.N. come here on different pilgrimages to example of these failings. As a result of peacekeepers and civilian personnel come and talk and inform us as legisla- the mismanagement of the contracts, stand accused of widespread exploi- tors. They too will be here this week to out right graft and corruption when tation in a sexual manner of refugees;

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12216 CONGRESSIONAL RECORD—HOUSE June 13, 2005 two, Burundi, where two U.N. peace- sure fairness and objectivity in the United Na- Verification to advise the IAEA Board of Gov- keepers were suspended following alle- tions’ handling of Israeli-Palestinian issues by: ernors on additional measures necessary to gations of sexual misconduct; three, Si- expanding WEOG to afford Israel permanent enhance the agency’s ability to detect erra Leone, where U.N. peacekeepers membership in this group with full rights and undeclared activities by member nations. were accused by Human Rights Watch privileges; mandating a State Department re- Furthermore, it seeks the suspension of of systematic rape of women; and, four, view and assessment of the work performed privileges for Member States that are under in- Bosnia, where the U.N. police mission by the various United Nations commissions, vestigation, or are in breach or non-compli- was accused of misconduct, of corrup- committees, and offices focusing exclusively ance of their obligations, and seeks to estab- tion, and sexual trafficking. on the Palestinian agenda, followed by the lish Membership criteria that would keep such This is just horrendous. The U.N. re- submission of a report recommending areas rogue states as Iran and Syria from serving on peatedly and reportedly quashed an infor reform, including proposals for the elimi- the IAEA Board of Governors. vestigation into involvement of U.N. nation by the U.N. of such duplicative entities The IAEA section of this Act reinforces U.S. police in enslavement of Eastern Euro- and efforts; and withholding proportional U.S. priorities concerning the safety of nuclear ma- pean women in Bosnian brothels. contributions to the United Nations until such terials and counter proliferation by: calling for In response, the bill before us, Mr. time as the recommendations are imple- U.S. voluntary contributions to the lAEA to pri- Speaker, is going to have some provi- mented. marily be used to fund activities relating to Nu- sion to deter these horrible incidents The Commission on Human Rights and its clear Security or Nuclear Verification and in- and bring a level of respect to the feeder body, ECOSOC, are also emblematic spections; by seeking to prioritize funding for United Nations, and I hope that our of these deficiencies within the U.N. system. inspection to focus on countries of proliferation colleagues will support this Hyde bill There remains great difficulty in securing concern; by seeking to prevent states-spon- this week. support for condemnations of gross human sors of terrorism, proliferations, and countries Among others, it includes provisions that rights violators, when the worst offenders sit under IAEA investigation from benefiting from mandate the: adoption of a minimum standard on the actual Committee, dictate the agenda certain IAEA assistance programs. of qualifications for senior leaders and man- and block any meaningful resolutions from The United Nations Reform Act of 2005 also agers; adoption of a uniform Code of Conduct being adopted. ensures transparency in the IAEA budget which applies equally to all personnel serving Yet, there have been few condemnations process by calling for a detailed breakdown of in U.N. peacekeeping operations regardless of and measures, if any, addressing the con- expenditures. The U.N. is accountable to neither tax- category or rank; written acknowledgement by tinuing gross human rights violations by serial payers nor voters. personnel sent as peacekeepers that mis- abusers such as Iran and Syria. As a safeguard, the United Nations Reform While gross human rights offenders such as conduct may include immediate termination of Act of 2005 targets crucial areas of the U.N. Syria, Libya, Iran, and Saudi Arabia have participation in an operation; and establish- organization to ensure that U.S. taxpayer been members of this U.N. human rights ment of a permanent, professional, and inde- money hauled off to Turtle Bay is spent in an body, these regimes have not been censured, pendent investigative body dedicated to United efficient, transparent, and accountable man- condemned, or held accountable in any way Nations peacekeeping. ner. It is monstrous that an international organi- for their deplorable human rights record. Additionally, the bill empowers the Adminis- zation charged with operating peacekeeping In response, among other provisions, this tration to fix the U.N. by making it very clear missions around the world and with assisting Act stipulates that: a Member State that fails that U.S. funding to that body will be dras- nations to rebuild after major turmoil has expe- to uphold the values embodied in the Uni- tically cut unless the U.N. takes the appro- rienced an alarming number of scandals in- versal Declaration of Human Rights or are priate actions to save itself. volving sexual exploitation, rape, sex traf- under U.N. Security Council sanctions be ineli- I look forward to Thursday’s debate and ask ficking, misconduct, harassment, and other gible for membership on any United Nations my colleagues to render their full support to criminal acts. human rights body; secret voting in the Eco- this much-needed legislation. However, not only has systemic mis- nomic and Social Council should be abolished, f management and corruption been a recurring and a recorded vote must be conducted to de- characteristic of the United Nations, but the termine such membership of the Commission; CAFTA U.N. organization is being corroded by dis- and countries that meet that criteria should be The SPEAKER pro tempore. Under crimination against Israel and anti-Semitism as ineligible for membership on the Commission. the Speaker’s announced policy of Jan- never before. Similarly at the IAEA we remain concerned uary 4, 2005, the gentleman from Ohio The viciousness with which Israel continues that serial proliferators continue to be ac- (Mr. BROWN) is recognized for 60 min- to be attacked at the U.N., and the reluctance corded full rights and responsibilities within utes as the designee of the minority of Member states to defend Israel or to accord this organization. leader. it the same treatment as other countries, sug- A few years ago, proliferators such as Iran Mr. BROWN of Ohio. Mr. Speaker, at gests that there is a considerable anti-Semitic and Iraq, who was under Security Council a White House news conference 2 weeks component behind the policies pursued in sanctions at the time, were scheduled to serve ago, President Bush called on Congress U.N. forums. as Chairs of the Conference on Disarmament. to pass the Central American Free In addition to multiple manifestations of anti- Iran, a nation who continues to be under in- Trade Agreement this summer. Last Semitism at the U.N., the most notorious vestigation by the International Atomic Energy week in this Chamber, the gentleman being the 1975 U.N. General Assembly resolu- Agency (IAEA) due to its breaches and fail- from Texas (Mr. DELAY), the most pow- tion equating Zionism, the national liberation ures of its safeguards obligations, served on erful Republican in the House, prom- movement of the Jewish people, with racism, the Board of Governors of the IAEA. ised a vote by July 4. Well, he actually Israel continues to be subject to debilitating Countries who are in non-compliance of promised a vote last year, and then he forms of discrimination within that organiza- their obligations under international agree- promised a vote again in May, but this tion. ments and in violation of the rules that serve time he means it, I think, and we are Israel is not allowed to present candidacies as the basis for individual U.N. bodies, cannot going to actually vote on this by July for open seats in any U.N. body, is not able and must not be entrusted with the enforce- 4. to compete for major U.N. bodies, and cannot ment of those very rules and obligations. I am joined tonight by the gentleman participate in U.N. conferences on human This Act addresses these and other con- from Niles, Trumbull County, Ohio rights, racism and a number of other issues. cerns by seeking the establishment of: an Of- (Mr. RYAN) and the gentlewoman from By contrast, there are several U.N. groups fice of Compliance and Enforcement within the Toledo, Ohio (Ms. KAPTUR), two of my devoted to ‘‘Palestinian Rights,’’ and a dis- Secretariat of the lAEA to function as an inde- colleagues from my State; and there proportionate representation of Palestinian pendent body of technical experts that will as- will be the gentlewoman from Illinois issues through different committees and com- sess the activities of Member States and rec- (Ms. SCHAKOWSKY) and others coming missions. ommend specific penalties for those that are along later. This Act seeks to end discrimination against in breach or violation of their obligations; and Mr. Speaker, many of us who have Israel in the United Nations system and en- a Special Committee on Safeguards and been speaking out against the Central

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12217 American Free Trade Agreement have in the last 5 years have lost 20 percent tions with more than 150,000 workers, a message for the President, and that of their manufacturing. Michigan, opposing this agreement. Some of their is we should renegotiate CAFTA. 210,000 jobs, more than 20 percent of Presidents might be for it, some of President Bush signed CAFTA more their manufacturing base; Illinois, them might be, but their workers cer- than a year ago. Every trade agree- 224,000; Ohio, 216,000; Pennsylvania, tainly are not. In this case, this was in ment negotiated by this administra- 200,000 jobs; North Carolina, 228,000; Guatemala, when the police went up tion has been ratified by Congress Mississippi and Alabama combined, against 8,000 workers, two of these within 2 months of its signing. Aus- about 130,000 jobs. In State after State workers were killed by their country’s tralia, Singapore, Chile, Morocco, each after State, we have lost 20 percent of security forces. of those trade agreements the Presi- our manufacturing base. In many of Now the administration is trying dent signed was passed, was ratified, the other States, we have lost thou- something different. They have opened was voted on by Congress within a cou- sands of jobs also. up the bank. Desperate after failing to ple of months. CAFTA, however, has So they continue to promise more gin up support for the agreement based languished in Congress for more than a jobs, more manufacturing, more exon its merits, CAFTA supporters now year without a vote because this ports, a higher standard of living in the are attempting to buy votes with fan- wrong-headed trade agreement offends developing world. But with every trade tastic promises. If history is any exam- both Republicans and Democrats. It of- agreement, their promises fall by the ple, should the promises fail, they will fends small manufacturers and labor. It wayside in favor of big business inter- try and force votes their way with out- offends environmentalists and food ests that send U.S. jobs overseas and rageous threats. safety advocates. It offends religious exploit cheap labor abroad. In the face Instead of wasting time with tooth- organizations in Central America and of overwhelming bipartisan opposition, less side deals, U.S. Trade Ambassador in our country. the administration and Republican Portman should negotiate a CAFTA But most importantly, Mr. Speaker, leadership have tried every trick in the that will actually pass Congress. Re- look at what our trade policy has book to pass this CAFTA. publicans and Democrats, small manu- brought us. In 1992 the United States As I said earlier, we in this body facturers and labor groups, farmers, trade deficit, in other words, how much could agree on a Central American ranchers, faith-based groups in all we import versus how much we export, Free Trade Agreement, but not one seven countries, religious leaders, envi- our trade deficit was $38 billion, the that is tilted against American work- ronmental human rights organizations year I first ran for Congress, in 1992. ers, not one that is tilted against work- and workers are all speaking with one Last year this trade deficit was $618 ers in Central America, not one that is voice: Renegotiate CAFTA; give us a billion. It went from $38 billion to $618 tilted for the drug industry and against CAFTA, but one very different from billion in literally a dozen years. It is the environment and against worker this. hard to argue our trade policy is work- rights. This CAFTA will not enable Central ing when the deficit goes from $38 bil- But this year, because nothing else American workers to buy cars made in lion to $618 billion in just a dozen seems to be working in convincing Con- the district of the gentleman from Ohio years. gress, Republicans and Democrats (Mr. RYAN) or the district of the gen- Tomorrow, Mr. Speaker, the Senate alike, the administration is linking tlewoman from Ohio (Ms. KAPTUR.) Finance Committee is scheduled to CAFTA to helping democracy in the They will not enable Central American take up CAFTA in what is called a developing world. Defense Secretary workers to buy software developed in mock markup. In tomorrow’s mock Rumsfeld, Deputy Secretary Zoellick, Seattle, or prime beef in Nebraska. markup, 10 legislators from Central both have said CAFTA will help in the A Nicaraguan worker, Mr. Speaker, America will attempt to offer state- War on Terror. I am not sure how. earns $2,800 a year. The combined eco- ments on behalf of the hundreds of They have never really explained that. nomic output of the Central American thousands of Central Americans who But that is what they claim. nations is equivalent to that of Colum- oppose this dysfunctional cousin of the Ten years of NAFTA, Mr. Speaker, bus, Ohio, or New Haven, Connecticut, North American Free Trade Agree- has done nothing to improve border se- or Orlando, Florida, or Memphis, Ten- ment. I say these legislators will ‘‘at- curity between Mexico and the United nessee. Workers in the United States tempt’’ because they have not been States; so that argument does not make $38,000 a year on average. asked nor, the word we get, will they wash. Then in May, the U.S. Chamber Workers in Costa Rica make $9,000; be allowed to offer any official remarks of Commerce, in one of their famous Dominican Republic, $6,000; Nicaragua at any hearings on CAFTA. junkets that we hear more and more and Honduras, the average makes sig- Instead, the administration and about from some of our friends in this nificantly less than $3,000 a year. They CAFTA supporters in Congress crafted body, flew the six presidents from Cen- are not going to buy the cars made in a one-sided plan to benefit multi- tral America and the Dominican Re- the district of the gentleman from Ohio national corporations at the expense of public around our country, hoping they (Mr. RYAN) or the gentlewoman from U.S. workers and businesses, U.S. farm- might be able to sell CAFTA to news- Ohio (Ms. KAPTUR). They are not going ers and ranchers, and Central Amer- paper editors, to our country’s voters, to buy steel made in my district. They ican workers and businesses and Cen- to our country’s Congress. They flew to are not going to buy apparel made in tral America’s farmers and ranchers. Albuquerque. The Chamber of Com- North Carolina. They are not going to Opponents to CAFTA know it is simply merce flew these six presidents to Al- buy software from Seattle, or prime an extension of NAFTA, which clearly, buquerque and to Los Angeles; to New beef from Kansas. They simply cannot as the gentlewoman from Ohio (Ms. York; to Miami; to Cincinnati, my afford to do this. KAPTUR) has pointed out on this floor home State of Ohio. This CAFTA is not about exporting for a dozen years, has not worked for Again they failed. And after the trip, American products. It is about U.S. our country. the Costa Rican President broke off companies moving plants to Honduras, It is the same old story, Mr. Speaker. from the group and announced that his paying $2,600 a year; outsourcing jobs Every time there is a trade agreement, country would not ratify CAFTA un- to El Salvador, where workers make the President says it will mean more less an independent commission could less than $5,000; exporting cheap labor jobs for the U.S., it will mean increased determine the agreement will not hurt in Guatemala where workers make manufacturing in the U.S., increased the working poor. $4,000 a year. exports of American-produced goods to Mr. Speaker, when the world’s poor- other countries, and better wages for b 2000 est people can buy American products developing countries. In addition, Mr. Speaker, we have and not just make them, then we will But look at this chart, Mr. Speaker. seen demonstration after demonstra- know that our trade policies are work- The States here in red are States that tion in Central America, 45 demonstra- ing.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12218 CONGRESSIONAL RECORD—HOUSE June 13, 2005 Mr. Speaker, we should renegotiate; clude five more countries, actually six and tripled, more production in Canada defeat this Central American Free more countries if you count the Do- than here in the United States. With Trade Agreement, start again and re- minican Republic. What it would do is Mexico, the very same pattern. negotiate a CAFTA that will lift up add over 50 million more people into This type of accord provides America workers and environmental standards this NAFTA union, people who have with lost jobs, lost income, more im- in all the involved countries. hands to do work, but who through ports coming in here than exports I would like to yield to my friend that work cannot really increase their going out. With Mexico when NAFTA from Toledo, the gentlewoman from own standard of living, as the gen- was signed, we actually had a little Ohio (Ms. KAPTUR), and thank her for tleman from Ohio (Mr. BROWN) has trade surplus with Mexico. We have her terrific work for years on trade said, who could buy the goods that are fallen into heavy, heavy deficit, now issues. made in this country, because they do nearly $50 billion a year in the hole Ms. KAPTUR. Mr. Speaker, I want to not earn enough to afford them. But it with Mexico. thank the able Member the gentleman would add 50 million more people to Finally, before I yield back the time from Ohio (Mr. BROWN) for spear- this trade effort. the gentleman was kind enough to give heading this Special Order this evening That means that our jobs, as hap- me, we already have today a $1.9 billion and for the great work he always does, pened with NAFTA, would continue to deficit in goods with these nations al- and the gentleman from Youngstown, be outsourced, shipped out, even in ready. All CAFTA is going to do is Ohio, and the surrounding areas, for greater quantity than they already are, push those numbers further down, being so much a part of our efforts to to Guatemala, Costa Rica, the Domini- which means more lost jobs in Ohio, change America’s trade policy so it can Republic, El Salvador, Honduras, more workers who cannot afford to again works for America’s commu- Nicaragua, all these places so very far own their home, these increasing bank- nities, America’s workers and Amer- from home, and more of our agricul- ruptcies we see across our country, and ica’s farmers. tural production as well. the same-old-same-old being thrust If you loved NAFTA, you are going to So we are literally being asked in upon the American people voted on love CAFTA, and I cannot think of a this agreement to add a State the size here in this Congress by some of the single American that really loves of California, 50 million people, or four most powerful economic interests on NAFTA, because we have lost so many States the size of Ohio, actually five the face of the globe. jobs, nearly 1 million jobs, since that Ohios, if you look at the population of So I am very thankful that the gen- agreement was passed in 1993. the countries that they are trying to tlewoman from California (Ms. SOLIS) It is really amazing to me to think was speaking earlier this evening, the add to this DR-CAFTA agreement, add about everything that is needed in this gentleman from Texas (Mr. GENE that many more people to our union country and what the Bush administra- GREEN), now the gentleman from Ohio tion is trying to push through this Con- and then say it is all going to work. This is an example of what has hap- (Mr. BROWN), the gentleman from Ohio gress. Just look at rising gas prices. Is (Mr. RYAN), to talk about, you know pened since NAFTA was passed back in this administration and Congress real- what, it is time to draw a line in the the early 1990s and what has happened ly trying to do anything to help Amer- sand and say if an agreement has been to our trade deficit, if you add NAFTA, ica become energy-independent again? out of whack, seriously in deficit for if you add the special agreement with No, not really. We continue to become more than 3 years, it ought to be re- China and all these other trade agree- more dependent on imported petroleum negotiated, and we should not add any ments. We have fallen every year into than before this administration took more pain to the American economy deeper and deeper and deeper deficit. office. than we already have. All of our pension funds are under- We are now over half a trillion dollars I want to thank the gentleman for al- funded. The Pension Benefit Guarantee a year more goods coming into this lowing me to speak this evening. Corporation, which is supposed to un- country than exports going out. Mr. BROWN of Ohio. Mr. Speaker, re- dergird all of our Nation’s pension I just wanted to place the record as I claiming my time, I thank my friend funds in private industry, needs over begin my comments this evening that for her terrific work representing $23 billion to try to restore just the in the last official count in March- American workers. current needs in that bill. Are we get- April of this year, the overall U.S. I yield to my friend the gentleman ting a bill to fully fund the Nation’s trade deficit in goods and services rose from Ohio (Mr. RYAN). pension guarantee fund? No. The bill is another 6.34 percent from March to Mr. RYAN of Ohio. Mr. Speaker, I not coming up here on that. April, climbing from $53.6 billion to $57 thank the gentleman from Ohio (Mr. What about Social Security? Well, billion overall, on top of all of the def- BROWN) and the gentlewoman from their answer is privatize it. Try to di- icit we already had from last year, and Ohio (Ms. KAPTUR) for their leadership vert money from the regular trust this represents the fourth highest com- on this issue. For years and years you fund, rather than finding a way to bined monthly deficit on record for our guys have been at the forefront of this make sure that Social Security is whole country. issue, and now it is becoming a little healthy long term. The deficit with Mexico in that pe- more trendy, a little more popular, to Health care, is anything really being riod of time rose to $4.4 billion, up an- be against some of these trade agree- done to insure America’s families and other 3.29 percent, and the deficit with ments. I would like to thank you as a to try to take care of all those in our Canada rose to $5.4 billion, just for that new Member, second term. I am a nursing homes who do not have enough month, another 8.9 percent increase. lucky guy to have two Members in the nurses at bedside? No, that bill is not If I could just demonstrate these Ohio delegation with such strong lead- coming up here. other two charts as I begin this ership on this issue. Or veterans, to make sure we have evening, the gentleman from Ohio (Mr. As we talked about the trade deficits, enough money in the accounts of this BROWN) referenced the trade deficits in whether they are with one country or country to take care of all the disabled various countries. the overall trade deficit, I think it is veterans returning home? We see our With Canada, since NAFTA was important, and this is the real dis- Family Assistance Centers having to signed, the proponents said, just like connect that I think the administra- raise money to buy special access they are saying now, if we sign this tion and many of the people who are ramps to people’s houses and to try to agreement, we are going to have all the supporting CAFTA are missing. The take care of families because we lack trade. Except it is modeled after the disconnect is with those people who are TRICARE when our veterans come NAFTA accord. And after we signed in our district, those people who lose home. No, we are not getting a bill to NAFTA with Canada, though we al- manufacturing jobs, those people who do anything about that. ready had a deficit with NAFTA, after lose textile jobs, whether in the South- What we are getting is we are getting the signing of NAFTA it just went ern States, those are the people we are a bill that would expand NAFTA to in- deeper and deeper to where it doubled here to represent.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12219 If the trade agreements that we have ground and trying to go in another di- is 12,000 more jobs for our country; for been signing, whether it was NAFTA or rection. every 12 billion-dollar trade deficit, it PNTR or Most Favored Nation with But at the same time, we have got to is 12,000 fewer jobs, many of those man- China over years and years and years, invest in education, we have got to ufacturing jobs. if they are not working for everyone, make sure we have healthy citizens. So when we have this kind of trade then they are not good trade agree- Eighty-five percent of the students deficit of $618 billion, you multiply ments for the United States of Amer- that go to Youngstown city schools that times 12,000 jobs, according to ica. qualify for free and reduced lunch. President Bush, Senior, however you I am sure both of you represent coun- That is probably the same, if not high- do the math, these are a lot of people ties that probably have the same kind er, in Cleveland and Toledo. Fifty or that lose jobs, communities that expe- of situations that the counties in my sixty percent of those kids live in pov- rience plant closings, a lot of police districts have. They cannot pass a sales erty. and fire who protect our communities tax; they cannot pass police and fire So even if we just, for the sake of ar- who get laid off when these plants levies, library levies, school levies. I gument, say these trade agreements close. These are a lot of cuts to public think two-thirds of the school levies are great, let us all compete; let us education. As the gentleman from Ohio that were on the ballot in Ohio last educate our kids; let us do what we (Mr. RYAN) says, you then need to pass year failed, two-thirds. have to do to compete with them, free school levies and it is so hard to pass So years ago we were promised when markets, which we do not always buy, school levies when people have lost we had the debate, we are going to pass but let us for the sake of argument say their homes and lost their jobs and are NAFTA, but we are going to invest in that. How are we going to have the barely able to make ends meet, and education. We are going to trade with kids in Youngstown able to compete have taken a job where they were mak- the Chinese, but we are going to make against these workers in the other ing $35,000 a year and are now making sure that our workers are the most countries if we are not investing in $17,000 a year, and they cannot afford a skilled, educated and healthiest work- education and not making sure they property tax increase, so schools lose ers on the planet. We failed to do that are healthy, lifted out of poverty and out and kids lose out, and it is just a on this end, and at the same time we on the playing field? downward spiral. sign agreements that do not have the I will say this before I yield back: We So when you see these numbers, you labor standards, do not have the envi- are going on the global field of com- think about people in our commu- ronmental standards to help lift these petition with less than half a team be- nities, it does not matter if they are people up. cause these kids are not getting the Democrats or Republicans, because As the gentleman from Ohio (Mr. kind of education, the kind of health these job losses, as we have pointed BROWN) pointed out earlier, with the care that they need. out, these job losses in manufacturing average wage of a Nicaraguan worker, alone, particularly throughout the b 2015 what are they going to buy here? What Midwest and the south, North and are they going to buy that comes out So here we are trying to compete South Carolina, Alabama, Georgia, of the United States? Not a Jeep from with the Chinese, now we want to do it Mississippi, and States from Pennsyl- Toledo, not a Cobalt from Lordstown, with some other countries, and we just vania, Ohio, Michigan, Indiana and Illi- Ohio. They cannot afford it. It would are not making the proper investments nois, up into Wisconsin, think of these take them 10, 15, 20 years to come up to even come to the point where we are 200,000 per State manufacturing job with the kind of money that they going to be able to lift all of our citi- losses is a whole lot of people, a whole would need to just buy a car coming zens up to compete with over a billion lot of bread winners and families that out of the United States of America. Indians and 1.3 billion Chinese. And come home to their kids and cannot do I think it is important, because it is until we do that, fix these trade agree- what they were able to do before they not just about CAFTA. If we take a ments and make those investments, we lost their jobs. Their schools are hurt- step back and we try to look at how are going to see these trade deficits ing, their public safety is hurting, they the world is going to look in the next continue, we are going to see other are not able to send their kids on to 10 or 20 years, we have high-tech jobs countries like the Chinese and the Indi- school, all the kinds of things that go making their way to India and China, ans outpace us with engineers, com- with lost jobs. That is why this is so and we have a lot of our manufacturing puter scientists, and all of these other important. going to China that has come from high-tech workers and, eventually, Mr. RYAN of Ohio. Mr. Speaker, the Mexico, first it went down to Mexico every community is going to be like gentleman makes a great point. The and then over to China, and everyone some of the communities we represent, whole idea of us representing the whole keeps talking about this new economy struggling to fund their schools, strug- country is that these agreements are and what is it going to be. gling to fund basic police and fire, li- benefiting the very few people who are Well, we do not really know what it braries, the basic services that govern- doing really well, and they are the is going to be. Nobody seems to know ment needs to provide. same people who are qualified for the what this new economy is going to be So I am happy to join my colleagues tax cut that goes to the top one per- like. We are going to have the high- here tonight, and I thank the gen- cent. So there is a philosophical debate tech jobs, and our people are going to tleman again for his leadership, and I here: is the legislation and the trade work, and it is going to be great. It will yield back. deals that come out of this Chamber be like America is going to be one big Mr. BROWN of Ohio. Mr. Speaker, I going to represent everyone, going to country club. Everybody is white col- thank my friend, the gentleman from be good for everyone, or are they going lar, everybody gets to golf and go to Ohio (Mr. RYAN). One of the things that to be good for the very few. the swimming pool, and it is going to the gentleman pointed out is talking That is the kind of philosophy. It has be great. That was the idea they were about school kids in Youngstown or been divide and conquer down here for trying to pitch to us in the 1990s, and it talking about police and fire in his the last few years, and hey, if you get did not work out that way. community, and we do a lot of talking screwed out of your job, then so be it, So it is important for us, I think, not about statistics and numbers and the that is where you are; my friends are only those of us against the trade trade deficit going from $13 billion to doing good and they get to donate to agreements, but as Democrats, to say $618 billion in a dozen years, but then my campaign, so we are just going to this train is so far down the track, we we think about what this means. When ignore you. do not even know how much we are President Bush, Senior, said for every Mr. BROWN of Ohio. Mr. Speaker, I going to be able to stop it. I think it billion dollars in trade surplus or trade would point out that the States in starts with CAFTA would be a good deficit, that translated into 12,000 jobs; white, and there are two of them, actu- place for putting our stake in the for every billion-dollar trade surplus, it ally had manufacturing job growth. In

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12220 CONGRESSIONAL RECORD—HOUSE June 13, 2005 these two States, total population is I was down in North Carolina talking cause it is not free trade. It is not good about 2 million people out of a country with some of the producers of hogs and trade, we know that. It certainly is not of 280 million, so these two States rep- turkeys and chickens down there, and positive trade, because all we are yield- resent less than one percent of our the grains, rather than coming from ing are deficits. Maybe we should call country. Not that they are not impor- the Midwest, is coming from Argentina it sweat shop trade or indentured tant if you live in those two States, delivered at the Port of Wilmington. trade. There is some other word that but they are the only States that have The farmers in North Carolina and should go here. had manufacturing job growth. South Carolina want to buy grain from Mr. BROWN of Ohio. Mr. Speaker, All of the States in red have lost 20 the Midwest, but yet it is coming from the gentleman from Ohio (Mr. RYAN) percent of their manufacturing, 20 per- Argentina. It is very interesting to mentions freedom. Another word or cent, hundreds of thousands of jobs in think what is happening to our coun- phrase that is thrown around here a lot many of these States. The States in try. is Christian values and fair play and blue have lost up to 20 percent, 15 to 20, Then, on the side of some of these na- morality. And when we pass a trade so it is State after State after State tions, take the Dominican Republic. agreement that throws American has just been hurt badly by this. And We had a couple of young people come workers in these numbers out of jobs as we have all talked, it clearly trans- to Toledo from the Dominican Repub- and then exploits a worker that the lates into people’s lives. lic a couple of years ago from one of gentlewoman from Ohio (Ms. KAPTUR) Ms. KAPTUR. Mr. Speaker, people in our church groups, and they actually talked about making 12 cents that our country intuitively know some- worked in a company making apparel; makes a product that sells in the thing is wrong. They go to the store it was a South Korean contractor on United States for $20, what kind of ex- and they try to buy something and contract to the government of the Do- ploitation, what kind of family values, they see ‘‘made in China,’’ or they see minican Republic, and these young what kind of morality that does de- ‘‘assembled in Mexico.’’ And they also women were making T shirts that were scribe our actions? know that the quality of production is to be sold in the United States, all of Yet, it is pretty clear to an awful lot going down, that the metals that are their production came here. They were of people in this body, I think, and it is used are not as good as they used to be; paid 12 cents a T-shirt. They worked 14 pretty clear to a whole lot of Ameri- that the clothing is comprised of fab- to 18 hour days, 7 days a week; they cans that the values that we hold dear, rics that do not breath as well and they had absolutely no say in their com- no matter what your religion or your do not wear as well. People know this. pany, nothing, forget it. They were just faith, if your religion or your faith is Shoes. They know that the shoes, bonded workers. If they spoke up, they based on our country doing the right most of which are imported now, they were fired. They worked behind barbed thing, it simply does not fit, to pass a are not good quality. There is not rub- wire fences and gates, the plant was in- trade agreement that costs people ber on the bottoms anymore on good side, it was like a reservation, actu- these kinds of jobs, that exploits the leather. Now we have these combina- ally. most defenseless people in the devel- tion fabrics and your feet hurt. When they came to Toledo, we took oping world, the people that the gen- We think about, and at least I, of the them to a couple of shopping centers to tleman from Ohio (Mr. RYAN) says are three this evening who are talking, am try to find the shirt that they had trapped, the women that the gentle- old enough to remember when America made and, sure enough, we did. We woman from Ohio (Ms. KAPTUR) de- made American-made, quality goods. found the T shirts hanging on a rack. scribes, and then go home and talk We used to even make American flags. This young woman, she just went up to about practicing our faith and family And when they had that rally over it, she pulled it off and then we looked values and morality. It just does not here, the Speaker handed out flags at the price tag. It was $20. I cannot work. made in China. forget her face. She just stood there. Mr. RYAN of Ohio. Mr. Speaker, we Mr. Speaker, I can remember an She said, you mean in America it is may have developed a new word or new America where there really was an sold for $20 and I earn 12 cents? She phrase. We are advocating for value- America here, where we really made could not even, she could not even centered trade, trade that represents things, and we were proud of what we fathom it. our values and, hopefully, what we are made. When you have these kinds of I said, yes, and let us think about trying to spread around the world, trade deficits that are massive, over a who made the money off the sweat of value-centered trade. half a trillion dollars a year in deficit, your brow. This was actually sweat Ms. KAPTUR. And part of that I more imports coming in here than ex- shop goods coming into the United think is the development and suste- ports going out, you are displacing pro- States from the Dominican Republic by nance of the middle class. duction. way of a special contract signed with We know that the workers in these I had an experience this past week in the South Korean manufacturer who is other countries, because of the way the my district where I went through an doing business and, really, whose prac- countries operate, are not creating a old power plant, and the innards are tices cannot be monitored well, and middle class. They are endowing the being taken out because it is passe, its these young women were earning noth- very top. In fact, they have a word for technology is passe. I said, well, now, ing. this, they call it oligarchies or plutoc- where are we sending the copper to be Now, is that the kind of world that racies, they are endowing the wealthy, reprocessed and used? They said oh, the we want to create? We are. and the vast majority of people are copper was bought up by China. I said, Mr. RYAN of Ohio. Mr. Speaker, we poor. In Mexico, post-NAFTA, more oh. Well, what about the turbines? hear the word ‘‘freedom’’ come out of people are poor today than before Well, the turbines are going down to this Chamber a lot. Is that young girl NAFTA was passed, and many of their Argentina. I said, you mean there is free? She is trapped. She is an inden- small businesses were drummed out of nobody in America that even wants to tured servant just like there has been existence, and many of their inde- use the scrap metal? throughout the history of, many times pendent farmers are wandering across We look at the prices of steel and, in in this country, and many others. She North America trying to find even terms of coking, there are no coking is not free. enough to eat. operations here. The Chinese have us So we use freedom when it is conven- In our country, we have been around the neck because they have ient for us, but in the instance where it druming down the middle class. These been charging $43 a ton for coke and may hurt some corporation to reduce other countries do not have a chance to making steel production so expensive their profits, freedom does not mean build a middle class. Who is really ben- in our country. We are seeing parts of anything. efiting off of the pain that is felt by the us being dismantled and sent some- Ms. KAPTUR. As the gentleman says, workers of our country and these other where else. it ought to be called not free trade, be- countries? It is very clear. There are a

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12221 few extraordinarily powerful corpora- Mr. STUPAK. But, you know, if with the power to award billions of dol- tions that are trading workers off CAFTA passes, there might as well not lars of U.S. taxpayers to multinational against one another. be an Upper Peninsula of Michigan just corporations. And we as a Congress have a respon- because we have lost so much. In fact, CAFTA’s environmental provision is sibility to stand for the development of Michigan, right now our unemploy- a sham. The agreement says that na- the middle class and trade agreements ment remains the highest in the State tions would simply enforce existing en- that sustain the middle class in our at about 7 percent. The small and the vironmental laws, even though many of country and help these other countries medium-sized manufacturing jobs are those laws are inadequate. Even that develop economies where their wealth gone. We just have great difficulty provision, the environmental provision, comes from demand-led growth inside with it. even that one fails to have a meaning- their own countries, not exporting ev- One industry we still have left in ful enforcement mechanism. CAFTA erything they make to other places, Michigan, and a little bit that it is, but does not ask other nations to better paying their workers nothing, and then it is vitally important, a new part of preserve or protect their environments. charging us high prices for those goods my district down there by the thumb It just says whatever laws you have is here in this country. area, as we call it, is the sugar indus- fine. We do not have that kind of trade try. And CAFTA will just really wipe In the U.S. we have many environ- regimen. That is why we need to stop out the sugar industry in Michigan. mental laws to protect our food, other CAFTA and go back and renegotiate We recently just have been declared a residents, our natural resources. Yet if NAFTA, and any other trade agree- disaster area because of higher than CAFTA passes, we will import goods ment where we have sustained massive normal temperatures in the region, from countries that do not have the deficits over the last 3 years. That where we lost 200,000 tons of sugar. same safety standards. We all know about the food. I know ought to be the priority of the Presi- That cost $33 million to our farmers. the gentleman from Ohio (Mr. BROWN) dent of the United States and of this But now if we pass this trade agree- has helped on the Energy and Com- Congress. ment, and if it goes into effect, U.S. merce Committee where we both sit on Mr. BROWN of Ohio. Mr. Speaker, markets will be flooded with sugar im- food safety issues, whether it is toma- CAFTA specifically protects, if you ports, striking an even greater blow to toes out of Mexico versus Florida to- look at the text of CAFTA, it specifi- our Michigan economy, especially our matoes. In this country we still, we cally protects the prescription drug agriculture and sugar. And sugar actu- pass every year a labeling law to label companies, but offers no real protec- ally ranks fourth in the country in pro- our food. So we could say, okay, these tion to workers. It specifically protects duction, Michigan sugar does. So we tomatoes are from Florida. We know and supports Hollywood films and CD- have a vital stake in the sugar indus- what standards they are grown by. try in this Nation, being fourth in the ROMs, but does not have protection for These are from Mexico. We do not country in production. the environment and for food safety. I know what standards they are grown And our sugar comes from sugar mean, if that does not tell us some- by. We pass it, but yet it is never im- beet. And the sugar beet economy in thing about values; we will write a plemented by the current administra- Michigan, if you will, is about 2000 trade agreement that will help the tion. People are willing to pay a few farms, employs thousands of people, most privileged, wealthiest people in extra pennies, if you will, on their and annually it is a $300 million prod- both our country and the six CAFTA fruits or vegetables or beets or seafood uct to agriculture in Michigan. Michi- countries, but we will not protect the just to know where it comes from, began farmers know how damaging workers, we will not protect and help cause our standards, our environ- CAFTA would be to them. We will also and enhance the environment, food mental standards, our consumer stand- endanger many of the thousands of jobs safety, safe drinking water, clean air, ards, our health standards, our safety all of that. at the mid-Michigan-based Michigan standards are so much greater in this We are joined by my friend, the gen- Sugar Company. That is a cooperative, country than elsewhere. tleman from Michigan (Mr. STUPAK) and they have worked very hard to So CAFTA, in a way, wipes out all who also has been in this Chamber, maintain their jobs. And if CAFTA these protections for the American came with me in 1992 and has been a goes through, we think the Michigan worker, for the American homeowner, part of these discussions on trade for Sugar Company would be history. for our American family. CAFTA also many, many years, and I thank the We in Congress we need to send a fails to protect Americans workers. It gentleman for joining us. strong signal to the Bush administra- fails to offer protections to Central tion that this is one instance where b 2030 American workers who fall victim to sugar, if you will, does not belong on their country’s own diminishing stand- Mr. STUPAK. Mr. Speaker, I thank the table, so to speak. ards. the gentleman from Ohio (Mr. BROWN) What can we expect from CAFTA? CAFTA does have its benefits. The for asking me to come down and speak And I know all my colleagues here only benefits I can find are to compa- with him and speak out against the joined me in that fight in NAFTA nies that would leave the U.S. to ex- Central America Free Trade Agree- about some 10 years ago. A significant ploit cheap labor in countries with ment called CAFTA. I am pleased to be job loss. Over the past 10 years we have minimal protections. We need to be here with the gentleman from Ohio 766,000 jobs lost here in the United promoting business development and (Mr. RYAN) and the gentlewoman from States. And where did they go? They jobs in the U.S., not sending more of Ohio (Ms. KAPTUR), all from the great went to Mexico and other places for them overseas. State of Ohio. As we continue to look lower wages and labor standards that Michigan, as I said, has lost, and on at just your map there, the job loss is are appealing to big corporations. the gentleman from Ohio’s chart there, 216,000 in Ohio, 210 in Michigan. How many more American jobs can 210,000 manufacturing jobs. Just since Just one slight correction, if I may, we afford to lose as a result of CAFTA? NAFTA alone, we can draw a direct on your map. The Upper Peninsula of Why would CAFTA, under the same line between NAFTA, the North Amer- Michigan still belongs to Michigan, not labor and environmental framework as ican Free Trade Agreement, and 130,000 to Wisconsin. But anyone saw me down NAFTA, be anything better for our manufacturing jobs, just manufac- here arguing this from my district and manufacturing industry, our sugar in- turing jobs in Michigan. Companies are knowing that I live in the Upper Penin- dustry or the American worker? practically crawling all over one an- sula, they would say, whoa, what hap- CAFTA would allow foreign corpora- other to leave the U.S. for cheap labor pened here? tions to challenge U.S. environmental in countries with little protection for Mr. RYAN of Ohio. If the gentleman laws once again by establishing a their workers or the environment. from Michigan (Mr. STUPAK) would three-member panel of international Now I want to be clear, and I am sure yield, we left Ann Arbor in Michigan. judges who meet behind closed doors all of us here tonight, we support fair

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12222 CONGRESSIONAL RECORD—HOUSE June 13, 2005 trade agreements; however, CAFTA is ago it was 7.5 percent. The tourism in- front of the Chinese officials. And they unfair at its worst. It is unfair to work- dustry is starting to take off, so we are say, yeah, but they will not crack down ers both at home and in Central Amer- starting to see a little bit of an im- on it. The intellectual property rights. ica. It is unfair to small businesses. It provement in our economy, but still at The movies. The intellectual property is unfair to our communities, unfair to 7 percent. We just cannot. The auto in- rights is one of the last few industries our environment. So I would urge the dustry is hurting terribly in this Na- we have left in this country where we administration and this Congress to tion, and as we ship more and more have world supremacy on it, but yet we stop the exodus of jobs from the U.S., jobs south to produce more and more cannot get countries like China to en- stop the challenges to our environ- cars, to produce our sugar, to produce force it, to protect it, even though it is mental protection laws. our meats, our vegetables, our fruits, part of all these trade agreements. It is And when I came down here tonight what is left for the farmers? just amazing. It is just simply amazing to join you, you were talking a little And you cannot tell me these farmers that we have these trade agreements bit about what about a faith base or a in Central America are making the we know are being violated, nothing is moral basis for some of these agree- money. They really are going to be being done. ments, especially here in the United squeezed. The small and medium-sized Let us not do another trade agree- States. When you take a look at the farmers will be squeezed out in these ment, this one being the Central Amer- United States Catholic Conference and countries as the big international con- ica Free Trade Agreement, that is the United States Catholic Bishops and glomerates will take over, and they going to harm us not just from an agri- the Catholic Relief Services have all will reap the profits, and these people cultural point of view and manufac- come out opposing this trade agree- will continue to live in poverty and in turing point of view, but even our in- ment on basic fundamental human misery. tellectual property rights. If they can- rights issues. Trade is all about people, So when the United States Catholic not protect something like a video their livelihood and how they live their Bishops and the Catholic Relief Serv- game, how are they going to protect lives. And they found CAFTA, you ices come out against a trade agree- your best interest when it comes down know, Catholics for Faithful Citizen- ment because they do not believe it to these trade agreements? So I would ship, they found that CAFTA is a trade will do anything to lift the workers, hope that this House would reject this investment agreement negotiated be- the farmers, the peasants out of pov- CAFTA. And remember, it is an agree- tween the United States and six coun- erty in Central America, at the expense ment, and when it comes to the floor tries, and they are, Costa Rica, El Sal- of U.S. jobs, that is a strong statement. we cannot amend it, we cannot change vador, Guatemala, Honduras, Nica- So I would hope people would take a it, we cannot alter it. It is either a yes ragua and Dominican Republic. And very close look at CAFTA. Take a look or no vote. the President wants us to pass this at it from just your own job in our own Mr. BROWN of Ohio. I thank the gen- trade agreement. But before we go district. Take a look what is does to tleman from Michigan (Mr. STUPAK). ahead and do it, just from a moral and the United States. But take a look at And before calling the gentlewoman faith-based perspective, we have to ask it from a moral and ethical perspective from Illinois (Ms. SCHAKOWSKY), I questions like how will CAFTA address and say, is this the kind of trade agree- would like to reiterate a couple of the needs of small and medium-sized ment I can honestly vote for and go to things that the gentleman from Ohio manufacturing and farms here in the church this Sunday and say, you know, (Mr. STUPAK) said, talking about peo- United States and Central America? I did the right thing? ple playing by the rules, and American How will CAFTA protect the rights I think when we examine the ques- workers who played by the rules and of worker and the environment? tions put forth by all of you here to- were involved in their community and How will CAFTA impact the lives of night, I think the American people raised their kids and worked their jobs people throughout this hemisphere, be would agree that this CAFTA is just a and put their time in, that they lose it U.S. and Central America? bad deal not just for U.S. sugar, but for their jobs; people who have played by What is the intellectual property pro- all of the United States and all of our the rules in Central America, who have visions for protection of your intellec- manufacturing, and does nothing to been exploited in these jobs that have tual property? What does CAFTA have? help the people it professes to help in been outsourced; and all the groups, all Very little. the Central America region of this the religious leaders and all six of What is CAFTA’s purpose, or how hemisphere. these, the six Central American coun- does CAFTA promote really human de- So I would hope that people would tries and including the Dominican Re- velopment and human rights, espe- not support this agreement. There is a public; and the United States religious cially amongst poor people in Central lot of pressure being applied by the leaders that oppose these because they America? White House right now. There are know that people that have played If you start asking these questions, it meetings going on all the time. There straight and played by the rules have is very clear this trade agreement is is actually a picnic this Wednesday at been hurt by these trade agreements in not negotiated in the best interests of the White House. I am sure they will be the past. the American people. It is not nego- asking Members there in between their And I want to mention one thing be- tiated in the best interests of faith- enjoyment to vote for this trade agree- fore turning to the gentlewoman from based people. It is not negotiated in the ment. The President has sort of staked Illinois (Ms. SCHAKOWSKY) because of best interests of people who come to part of his administration upon it, and what the gentleman from Michigan this floor or go to work every day with I hope we would see through all this (Mr. STUPAK) said and the gentleman a moral purpose of what they do. and see what is done to our Nation, all from Ohio (Mr. RYAN), and the opposi- I have always been taught you work these trade agreements that are really tion to these agreements from the pub- hard, you play by the rules, and good unfair. Again, not against trade agree- lic. People know they are getting hurt things will happen. Unfortunately, ments, but they have to be fair to both by these agreements, people in Niles, with these trade agreements, you work countries, to all the countries involved, Ohio, that work at Lordstown, people hard, you play by the rules, not only do and they have to be enforceable, and in Lorain or in the Upper Peninsula of you lose your job, but your job is we are just not enforcing it. Michigan or in Chicago that have been shipped overseas, and it is sort of a I mentioned the intellectual property hurt by these agreements, people in race to the bottom, because the job you rights. We have had hearings in our Central America that have been hurt had before, now you earn so much less committee on China where they just by these agreements. Because of that it when you try to pick up a new job be- openly are manufacturing these games is clear if this vote were to come to the cause there is just not the jobs there. that we see that young people play, House today, there is no doubt that we I mentioned Michigan at about 7 per- whether it is their Gameboy or all of would defeat this trade agreement by cent unemployment. A month or two these video games, openly doing it in 30 or 40 votes. But that is today. And

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12223

the gentleman from Ohio (Mr. STUPAK) creasing global economy. That is inevi- higher wages and higher benefits. It is pointed out the White House is begin- table. It is going to happen as the dangerous to talk about unions. In our ning all kinds of ways to convince this world gets smaller, because of tech- country, every 23 minutes a worker Congress to do something to vote for nology, because of our capacity to gets fired for trying to organize a the agreement. trade with each other across borders, union. In some of those places, you can Just a couple of days ago Tom and that is a good thing. But we are at get killed if you try to organize a Donahue with the Chamber of Com- a point now where we have to decide union. It can be very, very dangerous. merce told a bunch of Members of Con- what are the beneficiaries, who are So the United States is the richest gress, if you vote against CAFTA, it going to be the winners and the losers country in the history of the world. It will cost you. Those kinds of threats. of this international trade. could be a leader in saying we want to At the same time the President and his Clearly, we are talking about busi- establish rules that lift all people, that people are now putting out carrots, not nesses being able to sell their products make it possible for our workers to just sticks. They are, in a sense, and import products and to set a level have a living wage here at home, to bribing Members of Congress with ev- playing field, but we want to make have our consumers be able to buy erything from promising highways and sure that it is not just multinational products from other countries where bridges and other kinds of pork to now corporations, the huge companies that the people who produce them are not saying that they are going to put $20 benefit from this global marketplace, living in slave or near slave labor con- million in labor enforcement assist- but that it is consumers, that it is ditions. I feel bad because often it is ance into something called the Depart- workers, and that at the same time we posed, you are either for trade agreement of Labor’s Bureau of Inter- are not damaging our environment. ments or you are not; you are an isola- national Affairs. The thing about trade agreements is tionist; you do not want to. Now the administration cut the ILAB that it is possible to craft trade agree- It is not that at all. We could craft from $148 million in 2001 down to $12 ments that are not only good for busi- an agreement. We could go back to the million, from 148- to $12 million. Now ness, but they are also good for work- drawing board, and we could craft an they are saying they are going to add ers and that they do take into consid- agreement that would work for work- 20 million to it, as if that is helping eration the environmental impact. ers here and workers there, too. something, when they have no interest, We had a trade agreement with Jor- Mr. BROWN of Ohio. Mr. Speaker, I they have written a trade agreement dan that, if we used it as kind of a tem- thank the gentlewoman from Illinois that does not enforce labor standards plate for how we write these agree- (Ms. SCHAKOWSKY). She is exactly or provide labor standards. Now they ments, could have been a model for right. I think the point she made is so are saying they are putting a little how we do it around the world, but in- important. money in even after they have cut it. stead, this trade agreement speeds up First of all, at the beginning of her At the same time something called the or at least contributes to what we call comments, she said there is a growing International Labor Organization, the race to the bottom; that is, the bipartisan group, and it is clearly way which is a multinational group that kind of agreement that does nothing to larger than a majority of this Con- sets labor standards, were one of, I be- lift the wages or the living standards of gress, large numbers of people in both lieve, two countries out of 80 that said people in the Central American coun- parties, who do not like our trade pol- we are going to vote against the fund- tries and the Dominican Republic, and icy, who see that we have seen this in- ing for that international body. makes it easier to actually lower the credible growth in the deficit from $38 So it is pretty clear all the promises standards of workers here in the billion to $618 billion in 12 years. It is they want to make about enforcing United States. It starts pushing down clear our policies are not working. labor standards, they wrote weak wages, pushing down working condi- We have seen the kind of job loss standards, they cut funding on enforce- tions, and that is not the kind of that the gentleman from Michigan (Mr. ment. Now they are trying to buy off a globalization we want, where the whole STUPAK) and others have talked about, few Members’ votes by promising to world is diminished in terms of its particularly in these red States, with put a little money in enforcing labor workers by these trade agreements. losing 200,000 jobs. standards. I went to Cuidad Juarez right across She talked about that we are not I yield to the gentlewoman from Illi- from El Paso at the 10th anniversary of against trade agreements; we are nois (Ms. SCHAKOWSKY), who has been a NAFTA, and it was a trip that was or- against this Central American Free stellar outspoken advocate for work- ganized in large part by the gentle- Trade Agreement. We are against this ers’ rights and the environment, both woman from Ohio (Ms. KAPTUR). When trade agreement because we know who internationally and in the gentle- I went there, what I saw were workers the winners and losers are. The winners woman’s Illinois district and around living in the packing crates of the have been the drug companies, the this country. largest most powerful corporations. Ms. SCHAKOWSKY. Well, I thank products that they were manufacturing, often American companies, who The losers are small manufacturers the gentleman from Ohio (Mr. BROWN) that are from my district and in Chi- so much for the opportunity to join the had crossed the border and set up shop cago or in the upper peninsula of gentleman tonight, and thank the gen- there so that they could pay very low Michigan. The losers are workers all tleman for his leadership. As I have wages to Mexican workers who were over the country. said, I have learned a lot from the gen- benefiting hardly at all. I mean, yes, they wanted some kind When these workers lose, it is not tleman. Actually wrote the book on of a job, but their standard of living just 216,000 Ohioans who lost their jobs. trade agreements called the Myths of was to live in packing crates without It is the families. It is the children. It Free Trade. You can get it at a book health care, without certainly any is the school districts, the police and store. If they do not have it, order it. It kind of a living wage. In fact, we saw fire protection, and the safety of these is a good read and educational. What we are seeing right now is a children who looked pretty sick, but communities. It is clear, Mr. Speaker, that we can growing bipartisan consensus that they could not afford to take them to simply do better, that we should reject CAFTA is not a good idea. the doctor or even to send their children to school. the Central American Free Trade b 2045 Is this the kind of world that we Agreement as presented to us for this I realize there are all kinds of pres- want to help create with these trade vote; renegotiate CAFTA; come back sures going on on the side to get Mem- agreements? Is this good for the people here and pass a trade agreement that bers to vote for it, and I think the rea- in Mexico? Is this good for Americans? lifts standards up, that lifts workers’ son is very simple. Because then those jobs go to places standards up in our country and Cen- Why do we have trade agreements? where there are low wages and where it tral America; that protects and pre- Well, of course, we have now an in- is dangerous to try and organize for serves the environment; that speaks to

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12224 CONGRESSIONAL RECORD—HOUSE June 13, 2005 food safety and all the things that mat- cause of the toxicity of this, it even law enforcement, and law enforcement ter in our lives. breaks down your skin. It breaks down from Maryland, Illinois and all over In closing, I would add both com- your gums and your teeth and your the country came and testified the dev- ments from the gentleman from Michi- hair. You can have open sores. As I astating effect it would have. gan (Mr. STUPAK) and the gentlewoman mentioned a minute ago, the con- So what our amendment would do to from Illinois (Ms. SCHAKOWSKY) about sequences of this highly addictive drug tomorrow is restore the $286 million what do we stand for as a Nation, what run deep in our social and family infra- that is being cut out of the Byrne kind of values, and when I look at the structure. grants by making a .448 percent cut, fact that religious leaders in all seven I am pleased that we have so many that is less than a half a percent, from of these countries, the six countries Members on both sides of the aisle that every agency in this bill to fully fund south of us and our country, religious are coming forward to help our local Byrne grants. Why should every agency leaders have spoken out saying they police and sheriffs with their part take a hit? Because this is how impor- are not against trade either, but they being on the front lines in the drug tant the Byrne grants are to law en- can do better, they believe we can do war. forcement and our continuing fight better and come up with a negotiated I have the honor now of recognizing against drugs in this country. trade agreement so that working fami- the gentleman from Michigan (Mr. So I am hopeful that the entire lies and the poor in these countries, STUPAK) who represents the Law En- House of Representatives will take to the environment benefits, food safety forcement Caucus and is a great sup- heart the importance of the funding of benefits. We do better with all of those porter of our local law enforcement, the Byrne grant program and vote for things that we care about. and I yield to the gentleman from this amendment. So I thank my friends for joining us Michigan (Mr. STUPAK). Most of us are well aware that the tonight, the gentleman from Ohio (Mr. Mr. STUPAK. Mr. Speaker, I thank funding this grant provides is instru- RYAN), the gentlewoman from Ohio the gentleman from Nebraska (Mr. mental to our law enforcement teams, (Ms. KAPTUR), the gentleman from TERRY) for yielding and thank the gen- but this Byrne grant does so much Michigan (Mr. STUPAK), the gentle- tleman for his leadership on this issue. more that is often overlooked. woman from Illinois (Ms. SCHAKOW- We have had this issue a couple of In fact, the Byrne grants actually SKY), and just again saying we should times come before the Congress, and provide funding for 29 different pro- renegotiate CAFTA, start again. It has each time we have been pretty success- grams, vital programs such as anti- been a year and a month since this ful in trying to defeat the changes and drug education programs, treatment agreement was signed by the President. the cuts in the appropriations to the programs, alternative sentencing ini- We can do better. Let us start again Byrne grants because, as all my col- tiatives, giving the States the ability and do it right this time. leagues know, the Byrne-Justice As- to choose the programs where funding f sistance Grants are of great impor- would be most useful to them back at tance to all of our States, to our local, home. BYRNE-JUSTICE ASSISTANCE our city police, especially in the fight The Byrne grants also fund programs GRANT AMENDMENT against drugs because of the drug task important to our court and prison sys- The SPEAKER pro tempore (Mr. force that they do fund. tems. It provides funding to improve REICHERT). Under the Speaker’s an- Our law enforcement officers who are the operational effectiveness of the nounced policy of January 4, 2005, the in our communities who serve and pro- court process by expanding judicial re- gentleman from Nebraska (Mr. TERRY) tect us every day have asked repeat- sources and implementing court-delay is recognized for 60 minutes as the des- edly that we not cut this one vital pro- reduction programs such as automated ignee of the majority leader. gram, which gives them discretion at fingerprint identification systems. Mr. TERRY. Mr. Speaker, I rise to- the State level on where to put these 2100 night in favor of the Byrne-Justice As- justice grants, these Byrne grants, if b sistance Grant, JAG, amendment that you will, and how to use them in their The Byrne grants provide long-range we will debate and discuss in tomor- States. corrections and sentencing strategies row’s appropriation, Justice appropria- Unfortunately, this program is gross- and fund programs that teach inmates tions tomorrow. ly underfunded in the bill that we will to acquire marketable skills and to This is a grant that our local police have up this week, and it is going to make restitution payments to their and sheriffs have relied on to form task cut funding from $634 million that was victims. forces, multijurisdictional task forces provided last year to $348 million for Byrne grants can also be used to im- to fight our drug problems in our com- this fiscal year. That is about a 40, 45 plement antiterrorism training pro- munities, particularly meth. At least percent cut. grams, enforce child abuse and neglect in Nebraska, the State that I have the So, tomorrow, I look forward to join- laws, improve the criminal justice sys- responsibility and honor to represent, ing with my colleague, the gentleman tem’s response to domestic and family meth is by far the number one drug of from Nebraska (Mr. TERRY) and the violence, and, finally, the grants can choice. It started mostly as a rural gentleman from Minnesota (Mr. also be used to establish cooperative drug where the ingredients were fairly RAMSTEAD), my other co-chair of the programs between law enforcement and easy to get, anhydrous ammonia, Law Enforcement Caucus, and others the media, such as the AMBER alert pseudoephedrine from your local gro- to offer this important amendment. system, which we use when there is an cery store or pharmacies. The Sudafed Our amendment will ensure that our abduction or a missing child or young that they can break down, the compo- local law enforcement has the re- adult. We flash it across the highways, nents, and using a variety of other sources it needs to control and elimi- the byways, the TVs, and radios. That chemicals, even ammonia, they would nate drug threats, keep our court sys- is all funded by the Byrne grants. So be able to manufacture in small labs tems up and running smoothly and pro- why would we put a 40, 45 percent cut using basic chemistry sets to make vide funding for anti-terrorism train- in that system that we seem to be rely- this drug. ing. As a former city police officer and ing upon, unfortunately, more and This drug has spread throughout the a Michigan State police trooper, as more each day? rural communities across our Nation, well as the co-chair of the Law En- As most of us have been hearing from devastating these communities, dev- forcement Caucus, I understand how our local drug enforcement teams back astating families. The drug is highly much our local communities need and home, and the gentleman from Ne- addictive. Part of the symptoms of the rely upon the Byrne grants. In fact, we braska (Mr. TERRY) certainly articu- drug while you are high on this drug is had hearings in the Law Enforcement lated those needs, we have to provide the tendency to be violent, staying up Caucus earlier this year about what the funding so our drug enforcement for long periods of time, and in fact, be- these Byrne grant cuts would mean to officers can do their jobs. We can do

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12225 this only by fully funding the Byrne undercover narcotics team to exist and It is now my honor to call to the grants. We have a list we are putting combat this problem that is only be- microphone my colleague, the gen- out, and the gentleman from Nebraska coming more severe? tleman from Nebraska (Mr. OSBORNE), has worked on this, and all of us who I know we have other Members who who has been a continuous fighter in are supporting this amendment tomor- wish to speak, but I am hopeful as his terms here. He has raised the meth row. If you look at California, our larg- Members take to the floor tonight, issue and been consistent in bringing est State, it has 58 drug enforcement they will keep in mind and urge their the message to all of us here of how to teams, task forces. If these cuts go colleagues to support the Terry-Stu- fight and why we should fight meth- through, they will be down to 32. They pak-Ramstad amendment tomorrow to amphetamine. will lose 26 drug task forces; Georgia, restore the funding to this critical pro- Mr. STUPAK. Mr. Speaker, before 16; Louisiana, 17; New York will lose 34 gram. Again, we talk about drugs to- the gentleman yields to our colleague, of their 76 teams; Ohio will lose 14 of night, but there are 29 different pro- may I comment on one point that he their 32; Texas will lose 21 of the 46 grams. It is one of those few programs brought up, if I may? drug enforcement teams; and Wis- where we say to the States, here is Mr. TERRY. Yes, Mr. Speaker, I consin, my neighboring State, will lose some money, we want you to do it for yield once again to the gentleman from 15 of their 34. Basically, of the 828 drug law enforcement, and do what is best Michigan (Mr. STUPAK). enforcements teams we have across for your State. We do not mandate it, Mr. STUPAK. If my colleague would this Nation, we will lose 373, or 45 per- but here is a pot of money you can be so kind, and I appreciate our col- cent of them. take it from, and we hope you do what league, the gentleman from Nebraska So really, if we are to keep our com- is best in your State. After all, you (Mr. OSBORNE), being down here to munities safe and drug free, we really know what is best. work with us on this issue. These local teams understand they have to fund this. Local drug enforce- The State and Antidrug Task Forces are not just getting Federal money, ment teams are crucial to keeping our are just one example that we all deal and the Federal Government is funding communities drug free. If the Byrne with day in and day out, and I would the whole thing. Whether it is Presque grants are funded at the level currently hope people would support our amend- County or the little city of Escanaba, in the bill, as I said, our teams would ment by cutting less than 1⁄2 of 1 per- where I was a police officer, or whether not be able to hire the officers they cent from the other agencies in this it is the big city of Detroit, the local bill to fully fund the Byrne grants. need to sustain drug enforcement units of government must put in Mr. Speaker, I yield back to the gen- teams. In my home State of Michigan, money. It is a matching grant pro- tleman and thank him once again for we would lose 11 out of our 25 drug en- gram. They have to put in resources. his leadership on this issue, and I look forcement teams. Losing the task So it is a unified effort between local, forward to arguing this amendment forces would have a devastating and county, and State police working to- with him tomorrow on the floor. far-reaching effect on Michigan, espe- gether, and the seed money is really Mr. TERRY. Mr. Speaker, I appre- cially in rural communities like I rep- the Federal Government. Without the ciate the gentleman’s assistance and resent. seed money, there is no incentive or help on this. Let me be clear. When it comes to urging of the county board of commis- The gentleman from Michigan did drug abuse, no community, urban or sioners to fund an officer to work on make one point that I want to high- rural, in this country is immune from the undercover task force team, be- light before I call on my next speaker, the problem. The methamphetamine cause there will not be any. problem alone, as the gentleman from and that is the cuts in funding. So it is always a fight every year to Nebraska just spoke of, is destroying Remember, about 2 years after I got keep these teams together and keep families and taking lives in rural here, we were funding our criminal jus- them properly funded and staffed with America. tice grants to our local police and sher- personnel. And if we lose the Federal To highlight how important these iffs at about slightly over $1 billion. In funding, a 45 percent reduction, the drug enforcement teams are, there was 2005, we condensed several of those problems that I am sure the gentleman grant programs, like local law enforce- a recent article in one of my little from Nebraska (Mr. OSBORNE) and I local newspapers in the First Congres- ment block grants, Byrne and JAG, have spoken about will only get 45 per- sional District of Michigan which cites into one, and lowered that to 600-, and cent worse within the year. So I appre- that back 2 months ago, on April 13, it was zeroed out. And chairman of the ciate the gentleman’s leadership and HUNT, the Huron Undercover Nar- subcommittee, the gentleman from the Members now with us. cotics Team, HUNT as we call them, Virginia (Mr. WOLF), did a good job of Mr. TERRY. And just to take that seized 3,000 OxyContin tablets from one doing what he could to get 300- of that thought and put it in context for some- home in rural Presque County. This 600- put back. But as the statistics that one like our colleague, the gentleman critical seizure is just one example of the gentleman from Michigan just read from Nebraska (Mr. OSBORNE), who rep- the work our narcotics teams do each off, that means even at the current resents 681⁄2 counties, this funds the and every day to keep our communities level of funding that will come to the multijurisdictional aspects that the safe. floor tomorrow, of about $300 billion, a local jurisdictions would not be able to These local agencies, like HUNT, who 60 percent reduction, a 70 percent re- fund because of their rules on funding. do so much for our local communities, duction from just 4 years ago, at the So this allows intra-agency and coun- will take the brunt of the Byrne grant time that meth problems are increas- ties in the district of the gentleman cuts. It is a scary thought, considering ing in our communities, I cannot fath- from Nebraska (Mr. OSBORNE) to actu- that 90 percent of the drug arrests na- om the impact it is going to have to ally work together. tionwide are made by States and local eliminate these drug task forces. So with that, Mr. Speaker, I yield to law enforcement. Ninety percent of all The gentleman also mentioned that my colleague from Nebraska. drug arrests are made by local and local police officers make over 90 per- Mr. OSBORNE. I thank the gen- State. And where do they get the bulk cent of the drug arrests. And it just tleman, and particularly thank him for of their money? The Byrne grants. astounds me that we are, in this war organizing this Special Order and for Our country’s drug problems are not against drugs and meth, taking our his leadership on this issue. And it is going away. In fact, with the emer- front-line people off the front line. It great to see my friend and colleague, gence of prescription drug use, would be like fighting the war on ter- the gentleman from Michigan (Mr. methamphetamines, and OxyContin, rorism by just funding the Pentagon STUPAK), and any others who will some would argue our problem is only and not funding the Army and the Ma- speak tonight. getting worse. So my question is why rines and the Air Force and properly Just a little background. Meth- would we, as a Congress, cut the fund- equipping them. So I do appreciate amphetamine first came into promi- ing that enables teams like the HUNT those comments. nence during World War II, and was

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12226 CONGRESSIONAL RECORD—HOUSE June 13, 2005 used probably most prominently by ka- And quite often alcohol is the gateway all of these children suffer some type of mikaze pilots. If you want to put a guy drug. When somebody is inebriated, harm from exposure to these chemi- in a plane and give him enough fuel to sometimes they will take almost any- cals. Much of the child abuse in Ne- hit a target, but not enough to get thing somebody gives them, and, as a braska, I would say at least one-half of back, you had to maybe alter his result, they are hooked. the child fatalities due to homicide are thinking a little bit. And that is really However, what goes up must come related to meth addiction. And we had where methamphetamine was first used down, and the fruits of the continued roughly 3,000 young people, kids, in our and made prominent. At the present use of methamphetamine are anxiety, country this last year who were time it is rather easy to make and rel- depression, hallucinations, and, in harmed because they were in a situa- atively cheap. many cases, it actually results in psy- tion where methamphetamine was The good news is that in many areas chosis. One person who is an expert in being manufactured. we see cocaine and we see heroin de- this area said it hard-wires the brain to Roughly 40 percent of our Federal creasing. The bad news is the reason become a paranoid schizophrenic. And prison cells are occupied by those peo- for this is that methamphetamine is so if anyone knows much about mental ple who have been involved in the meth much more powerful and so much more illness, they realize paranoid schizo- industry. In the State of Nebraska, addictive, it simply runs those other phrenia is probably the most difficult each meth addict will commit 60 drugs out of business. So we are really mental illness to kill. crimes a year to support that habit. So alarmed by what is happening. Ofttimes people experience crank if a small community has 10 meth ad- We find methamphetamine is avail- bugs. They assume that there is some dicts, that is 600 crimes. So a lot of able almost everywhere in our country. type of a bug under their skin, so they these communities where at one time In 1990, California had 20 meth labs, begin to pick their skin, trying to get left your keys in your car, left your Texas had 20, and the rest of the coun- the bugs out. So usually people on doors unlocked, the whole atmosphere, try was relatively unscathed from the meth have huge skin lesions and oft- the whole culture, has had to change. meth problem. We will see the progres- times do not look very attractive, and, I ran into a couple of farmers who sion very rapidly here. In 1998, you can of course, ultimately the final end is called the hotline and said they were see that about two-thirds of the coun- death itself. perplexed. They were having a hard try had at least 20 meth labs in each So why is it important to address time making it in farming, and someone of these red States. It was still rel- this at this point? It is so powerful, it body dropped by their farm and said if atively uncommon on the east coast is so addictive, and it always damages you stay away from your farm this and parts of the Great Plains, the the brain. For instance, if you take a year, do not show up much, you are northern plains, were not affected. brain scan of someone who has been on going to make more money, we will Now we will look at what has hap- methamphetamine for 1 year, let us pay you more money than you can ever pened more recently, and we see that say an 18- or 19-year-old young person make farming. They were going to use in 2004, just a corner of the Northeast has been on meth for 1 year, you will the barn or a couple of sheds to make was pretty much left unscathed. And find the brain scan will look almost methamphetamine. That is how insid- some of these States, for instance, Mis- identical to an 80-year-old Alzheimer’s ious this whole thing is out in the souri, had 2,700 meth labs last year; patient. There are that many brain le- countryside. Iowa, 1,300; Tennessee, 1,300; Oklahoma, sions that have been created. Unfortu- We have talked a lot about meth 500; Arkansas, 800. Most of these States nately, in most cases, those lesions labs, and meth labs may comprise 25 to had 300, 400, 500, or 600 labs. And the have resulted in irreparable harm. 30 percent of the total meth used in the important thing to remember is that a There is nothing you can do to reverse United States. Most of it comes from high percentage of these labs are not it. super labs. At one time some came detected. So when we are detecting 400 It is cheap and readily available al- down out of Canada. This has been fair- or 500, that means there are probably most everywhere, and this is the result ly well shut off, and now most comes three or four or five times that many of methamphetamine use. This is a from the southwest, most out of Mex- out there, and these are simply indica- young lady who was first arrested for ico. It is critical that we get a handle tors of the use of methamphetamine using meth at about age 30, and then on these superlabs, and particularly and how quickly this has spread. she was arrested each year for the next the pseudoephedrine used to make Methamphetamine creates a euphoric 10 years. You see the progression of meth. There are only 7 or 8 countries state that lasts from 6 to 8 hours. It what has happened to her. It was along where pseudoephedrine is made. dumps a huge amount of dopamine, the about in here that the police assumed In Mexico, there is way more chemical in the brain that enables us that she may have began to inject the pseudoephedrine coming into that to feel pleasure, and may create as drug, and from that point she went country than they will ever use in cold much as 1,000 times the amount of downhill very, very fast. Usually, the medicines. Somehow if we can get a dopamine released into the system as a teeth are gone after a period of time. handle on where that is going, I think normal pleasurable experience; like This was the final picture that was we can begin to get a handle on the making a free throw or asking some- taken. It was taken in the morgue. And superlabs. body out for a date and being accepted, so she lasted roughly 10 years on this Lastly on the Byrne funding, the or whatever it may be. drug, and that is a little unusual. A lot local law enforcement officers are the The reason that people get hooked on of people who get into it use it heavily first line of defense. They break up the this stuff is that many times you are and do not last that long. So it is a meth labs, but they also pick up the addicted on the first occasion. And devastating picture. methamphetamine that is coming there are quite a few people who acci- Just a few other things I would like across Interstate 70, Interstate 80, and dentally run into this thing. Maybe to say before I turn it back over to my I–29. These are the people that have to they are drinking; maybe somebody colleague. Actually, these meth labs intercept and interdict methamphet- gives them something they are not are tremendously toxic. It costs about amine or it is not going to be done. even aware of what it is, and they are $5,000 to clean up one meth lab. As we A lot of rural counties in Nebraska, hooked. And it takes only, in many said, many of these States have 1,000, 70 to 80 percent of law enforcement dol- cases, one time. 2,000, almost 3,000 meth labs a year to lars are eaten up by the meth issue. It People who are ofttimes addicted are clean up. has become overwhelming. If we do, as young mothers who are overwhelmed is suggested in our upcoming appro- by the chores of taking care of their b 2115 priations bill, if we reduce this spend- kids, maybe working two jobs. Some- One-third of the homes with meth ing by one-half, and it was already cut times college students are staying up labs in Nebraska were also homes in half, so we are down to roughly $300 late at night to study; truck drivers. where there were children. So almost million instead of $1 billion, we are

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12227 simply going to be awash in meth- people who want to put a lot of their That lady was from Iowa, by the way. amphetamine. energy and their time into working, And sometimes it ruins their potential. I hate to oppose the gentleman from and they do not feel so guilty about Their children suffer. Virginia (Chairman WOLF) on this issue using some drugs to get behind the I believe that we need to do a lot of because he has done a remarkable job steering wheel of a truck or do some things to bring this drug scourge under of working with limited resources. He other things. We have cleaned up a lot control. One of them is to step up and has been a great friend of law enforce- of that with the commercial drivers’ li- do the funding necessary to support ment, but his hands have been tied. censes and the drug testing that is part our law enforcement in their interdic- Maybe at this point the gentleman’s of it. It is far safer on the road than it tion efforts. amendment is the only resource that used to be. But the culture remains. I brought along this chart, this chart we have, which is to take one-half of As the gentleman from Nebraska is similar to the chart that the gen- one percent of that funding and at (Mr. TERRY) said, we also have access tleman from Nebraska (Mr. TERRY) least get back to where we were last to the materials, especially anhydrous pointed out. It fits the same numbers. year, and we are still only half of ammonia in the corn belt. That access It is a little different way of presenting where we were 2 or 3 years ago. to the materials to make drugs and it, but it works out like this. The Mr. Speaker, I thank the gentleman that kind of culture that encourages Byrne and the local law enforcement for his amendment and thank the gen- people to use it has caused us to be block grants fit in these categories in tleman for hosting this Special Order more sensitive. these previous years. And then we got tonight, and hope we are successful to- I watched it come into Iowa 10 years to 2006, rolled them all together under morrow. ago. I have spent my life in the con- the JAG grant, the Justice Assistance Mr. TERRY. Mr. Speaker, I thank struction business running bulldozers Grants, cut the funding and rolled the gentleman from Nebraska (Mr. and scrapers and excavators and load- them into one grant. OSBORNE). The gentleman did a great ers and trucks, and out in the sun, Our President, a man whom I admire, job of laying it out. The Justice De- heat, cold and rain. We have some ele- made a proposal that we go to zero on partment provided statistics, and last ment that comes into that industry this. I agree with the gentlemen that year we saw a decrease in the numbers that does use drugs. I have hired a lot the gentleman from Virginia (Chair- of labs. There is one way of looking at of people over the last 28 years that I man WOLF) has done good work to get that, that these Byrne grants have spent in business. We were not without us where we are today. Going from the done their job by helping local law en- a problem or two in our crew. We were President’s recommendation of zero on forcement. not without a confrontation of me in- up to $348 million is no small thing. The reality is that while it is our viting that employee into my office, But we have a big, big problem all local law enforcement that is finding closing the door, setting my chair in across this country, and we need to ad- these labs and breaking them up, and front of the door and taking a stand dress it with the resources. So this in- there is one that just moved away from that no one will leave this room until crease in funding is necessary. It is un- my house, and a month or so before we come to an agreement that there is usual for an individual like me to come that they found one in the trunk of a going to be some rehab, some therapy, down and say we need to increase car at super department store in a very there is going to be some treatment, spending, but if it is invested in any- affluent neighborhood in west Omaha, and you are coming out the other side thing that provides return on that in- so these can be anywhere. of this thing a productive human being vestment, it is going to be in fighting But what my local police officers are again. and interdicting drugs. telling me is while the labs are a major I have invested in this from a human The effect on Iowa would be, as near part of the supply or a significant part standpoint, from a financial stand- as we can calculate, this: There would of the supply, it is actually more now point, and from a policy and legislative be 14 fewer multi-jurisdictional drug from the gang drug network coming in standpoint. In fact, the one single bill enforcement task forces. There would from the superlabs in Mexico that the that I worked the hardest on in my en- be only 11 left of 25. So there would be gentleman spoke about. So as we are tire legislative career was 2 years in 41 fewer counties that had operations fighting the good fight and shutting the Iowa Senate to pass a good work- in them, 31 where there are 72 counties down the labs, the drug dealers have place drug testing law that we have in today. Out of 99 in Iowa, 72 have func- found a new way to create supply in a Iowa today. It took 2 years to get tioning operations. That would cut different country across the border. there, and it took nearly 12 months out that 72 down to 31. We would have 57 They are using the already existing co- of every year of relentless pounding to fewer drug task force officers. That caine distribution system, and are get that last vote, and we passed it by would be officers, prosecutors, treat- using our kids to do that, which I think one vote. It has been in law since St. ment providers and other jurisdictional is one of the most horrible things that Patrick’s Day of 1998. It allows private personnel. has happened in our society. sector employers in Iowa to guarantee So we would 36 out of 93. And the vol- Mr. Speaker, with that I yield to the a drug-free workplace. ume of illegal drugs confiscated in gentleman from western Iowa (Mr. We are invested in this Iowa. We are Iowa would be reduced by 1.4 tons due KING), also a member of the meth cau- invested in this in an intensive way. to fewer task force operators and offi- cus, and has been one of the loyalists We understand the loss of human re- cers, and the law enforcement agencies in our fight to protect our families sources. In fact, if I had a magic wand, responses to protect the public from from this horrible drug. if God granted me the power to do a toxic meth labs would be delayed by 709 Mr. KING of Iowa. Mr. Speaker, I single thing today, and his message cases. All in all, 1,919, a calculated esti- thank the gentleman from Nebraska was to pick one thing, cure either can- mated number, fewer individuals would (Mr. TERRY) for organizing this Special cer or eliminate illegal drugs, particu- be brought forward for assistance for Order tonight. I also thank the gen- larly methamphethamines, in a heart- substance abuse treatment and adju- tleman from Nebraska (Mr. TERRY) for beat I would say Lord, get rid of the il- dication for their crimes. his work on methamphetamines and legal drugs. We will find a cure for can- We know associated with illegal drug interdiction, and for his work in cer eventually. We are coming along drugs are a whole series of crimes. this battle for our children and save cure by cure; but drugs steal human These crimes include larceny, armed and preserve the human resources that potential. They go into a person’s life robbery, burglary, assault, raped, do- are our young people in this country. when they are young and full of poten- mestic abuse, child abuse and homi- Something that I think brings meth- tial, and they change the course and di- cide. There will be fewer Iowans, fewer amphetamine to the Midwest ahead of rection of that life, sometimes to the Americans alive a year, 2 years from many places in the country is because morgue, as the gentleman from Ne- now if we do not get this funding back we have a strong work ethnic. We have braska (Mr. OSBORNE) pointed out. up to where we can provide the proper

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12228 CONGRESSIONAL RECORD—HOUSE June 13, 2005 resources for our law enforcement per- the next class is a class of 20. That will nationalize and take away the dollars sonnel. be the size of the canine corps so we that were going to local drug law en- In fact, I want to say a few words can keep filling up the Midwest and the forcement and the years of effort that about the Regional Training Center in rest of the country, if all goes well, we put together to get State, local and Sioux City, Iowa, which has done a training drug dogs continually along Federal cooperation and, in one budget, magnificent job of training law en- with training officers. We will soon be attempt to wipe out this by zeroing out forcement officers. They were first put over 20,000 officers. But that budget category after category. into place with the assistance of the was cut last year from a $2 million pre- First, I want to thank Chairman gentleman from Iowa (Mr. LATHAM) vious appropriation and a $2.5 million WOLF for putting some of this back, from the fourth district, the north cen- cut, was cut down to $250,000. Some but clearly there is a revolution going tral part of Iowa. They have reached thought the decimal point just inad- on in the House of Representatives, in out and done some exceptional things. vertently fell in the wrong place in the United States Senate, that is furi- I bring this sheet along to point out far middle of the night with a bleary-eyed ous at this administration’s proposals. the Regional Training Center has staffer, but there are not a lot of coin- Before I make a few comments here, reached. They have trained 19,308 law cidences. They need their appropria- I wanted to make Members and their enforcement officers from 38 different tion. I will be speaking with the chair- staff and others aware that if you want to learn, the best source of information States and several foreign countries. If man about that. right now on meth is ironically by a re- you step into that Regional Training I want to thank also the chairman porter named Steve Suo from the Port- Center, there are arm patches from po- for including that line item for the re- land Oregonian newspaper. He has lice departments from all over the gional training center at least in the spent and deserves a Pulitzer Prize. He country and foreign countries. budget, although there are no ear- has dug into this. He has identified They bring the officers in, teach marks for this budget, and each, ac- that China and India are the primary them the technology, the infrared tech- cording to the way it is proposed, will precursor chemical countries, as well nology, the sensor technology, the have to compete for those grants. I am as Mexico, the amount that is coming means to apply their law enforcement. hopeful that the Regional Training in from Mexico; details more of this They put them through the gym- Center in Sioux City will be able to do over the last 2 years; has covered hear- nasium. They are working out in 90 and that. They certainly have served 38 ings throughout the country, the dif- countries. It qualifies them as a na- 95 degrees, working up a sweat, work- ferent problems around the country. tional center. In fact, the name has ing out the physical part of their job You can get through their home page a just recently been changed to the Na- that sometimes is necessary to arrest lot of information, the best informa- and bring the drug users to justice. tional Training Center. tion that exists currently on meth. Also, they have implemented a new Again, I thank the gentleman from Also, for Members in their districts, course there, a new course in the Re- Nebraska for bringing this subject be- while our national ad campaign has gional Training Center that has for fore us. I look across at the speakers been very disappointingly silent on years trained law enforcement officers, that have spoken so far and those to meth, silent on meth, the Partnership over 19,000 of them. They have grad- speak yet tonight. You can tell that For a Drug Free America has, in fact, uated 10 of the canine corps. I met all this is a nationwide effort that we created a number of ads that have 10 of the canine corps one day. They have. We care about our young people, started to run around the country. were all lined up at attention. The dogs our human potential. We want to give They have offered that any Member sit at attention, and they speak a for- the tools to the people that have their who would like to run these in their eign language. lives on the line protecting us. districts or figure out how to get them Mr. TERRY. I appreciate the gentle- b 2130 in the schools, they will make those man’s efforts on this cause. It is a available to any Member for free, pro- They do that so they listen to their great training center, by the way. He duced by the top ad guys in the coun- officers. Their officers speak a foreign mentioned the patches. I happen to try. They are going to continue to de- language to them, and they respond to know that at least several, if not every velop additional ads because in spite of that so no one else can control the one, of the departments that I have the the Federal Government not respond- dogs. These dogs all graduated with pleasure of representing from the Sec- ing aggressively enough on meth, at good records and fine grades as far as I ond Congressional District have patch- least the Partnership For a Drug Free could tell and by the reports that they es up there. America is. gave me. Mr. KING of Iowa. We will see if we A lot of times people say, How come By the way, the return on drug dogs can get those dogs to shake hands with you guys can’t work together across is the best return on an investment you. the aisle? Why isn’t there bipartisan ef- dollar that I have seen in law enforce- Mr. TERRY. Mr. Speaker, it is my fort? A few years ago, probably now ment with regard to dealing with pleasure to introduce the gentleman about 6 years ago, I would guess, Con- drugs. The dogs are there all the time. from Indiana (Mr. SOUDER), who also is gressman Doug Ose of California was They are essentially available 24 hours the head of the Speaker’s Drug Task the first to raise this question of the a day. It takes an officer to handle Force and probably the most impres- superlabs and meth in California. It them, an officer to be trained with sive person in this body on his granular was just starting to move. It may have them. They are not cheap in their pur- knowledge of the war on drugs. even been 8 years ago now that we had chase and in their training, but once Mr. SOUDER. I want to thank the our first hearing. I chair the narcotics they go out into the field, they bring gentleman from Nebraska for his con- subcommittee over in Government Re- another element to them. They can tinued leadership over the past few form. We had our first hearing in Cali- sniff out drugs, they can sniff out weeks in trying to help make the rest fornia. I was not chairman at that bombs, they can control violent intrud- of Congress aware of this and the im- time. I think the gentleman from Flor- ers, and they are trained to do all of portance of the votes we have this ida (Mr. MICA) was chairman. that. week, and to try to address the dev- At this point we have held multiple Additionally, there is just the intimi- astating proposals that came out of hearings through our committee. Two dation effect. There is the effect of this administration that just flab- Members, the gentleman from Hawaii when there is a dog there that is sniff- bergast those of us who are Repub- (Mr. CASE), which is historically, along ing everything you have, you are not licans, in particular who support this with California, the oldest State to likely to bring drugs through there, President, have supported this admin- face the meth problem, and the gen- and he will find them. istration. And it is just unbelievable tleman from Arkansas (Mr. BOOZMAN), I am looking forward to the next that a conservative President of the which is arguably, along with south- class to graduate. I understand that United States would have proposed to west Missouri, the hardest hit right

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12229 now in the congressional districts with In the case of drug violators, gang Another sheriff said, The elimination the number of labs combined with the violators, the State and locals get noti- of the Byrne grant would have a cata- superlab material coming in, asked for fied by the Federal system, but ulti- strophic effect on the metropolitan en- hearings, and we did those, the gen- mately they are the people to pick forcement group of southwest Illinois. tleman from Hawaii being a Democrat, them up. But if there are no State and Another sheriff in Illinois said, With- the gentleman from Arkansas being a local drug task forces, if they do not out the funding that we currently re- Republican. The gentleman from Min- have any money, nobody is going to be ceive from the Byrne grant, our mis- nesota (Mr. KENNEDY), who is here on picking them up. And so what if you sion would be all but nonexistent. the floor, has asked for a hearing in have a bunch of great task forces sit- Another sheriff said, and this is the Minnesota along with the gentleman ting here in Washington. Nobody is Illinois Narcotics Officers Association from Minnesota (Mr. GUTKNECHT), the going to be out there to coordinate and polled their State membership, The gentleman from Minnesota (Mr. PETER- arrest them and get the information. elimination or reduction of Byrne fund- SON) and the gentlewoman from Min- You can send out all the bulletins you ing would force police officers off the nesota (Ms. MCCOLLUM), four Members want, but if there are not any drug street to do clerical work, eliminate from Minnesota. We are having a hear- task forces in America, nobody is going communication equipment such as ing in St. Paul at Congressman KEN- to go find the criminals that you sent pagers and cell phones, and eliminate NEDY’s request next Monday on meth. your notices out about. Federal funding to reimburse a portion The gentleman from Kentucky (Mr. Let me make a couple of comments. of officer overtime cost. ROGERS), who chairs the Committee on We held a hearing on the HIDTAs and Yet another department said, The Homeland Security, has a tremendous the Byrne grants in my subcommittee. elimination of the Byrne funding will coordinated effort to try to address Sheriff Jack Merritt of Greene County, have a very negative impact on our meth and OxyContin in Kentucky. We Missouri, suggested by our majority ability to address the drug problems in are going to be going down there and whip, Congressman BLUNT, his home- the Lake County area of Illinois. The looking at theirs. We have hearing re- town sheriff, said this, that he would loss of funding will cause us to elimi- quests in from at least 10 congressional not be able to maintain the joint DEA, nate the staff positions. This will cause districts on this hearing, including State and local antimeth task force in the jobs they now perform to be reas- from the gentleman from Oregon (Mr. his county if these funds were cut. signed to police officers. WALDEN) and the gentlewoman from Vital equipment such as bulletproof Yet another department said, Task Oregon (Ms. HOOLEY), where we have a vests and in-car cameras, which his of- Force 6 is the primary drug enforce- lot of pressure, as well as Washington ficers need to protect themselves while ment entity in this area and has been a State. carrying out meth traffic investiga- fixture in this area since 1983. Proposed I say that because this is bipartisan. tions, could not be purchased because Byrne cuts will result in the closure of When you see a bipartisan effort com- this unit. Narcotics-related crime will ing out of the House of Representatives the administration proposed to get rid increase dramatically, and drug dealers throughout the entire Nation, why in of the CPOT funding. He spoke elo- the world would the President’s budget quently of the children he and his offi- will operate at will without the pres- propose to zero out the meth hot spots cers find at meth lab sites, children ence of Task Force 6. Yet another department said, The program, to zero out the Byrne grants, who are at severe risk. He stated that elimination or reduction of this grant to zero out and transfer the money, ba- if his task forces are forced to shut sically wipe out the HIDTAs and move down, he wonders how many more gen- would have a very severe impact on the that to the Federal Government, to erations of children will be condemned task force. At the present time the zero out program after program that to the same fate. funding accounts for 50 percent of the was addressing this question and as an Mr. Mark Henry, president of the Illi- task force funds, with the remaining 50 alternative propose nothing except the nois Drug Enforcement Officers Asso- percent made up from fines and forfeit- nationalization and say, well, this ciation in the Speaker’s home State of ures. I strongly believe the elimination problem isn’t at the local level. It is Illinois, said that Byrne grants help of this funding will force the task force fine to say that, but as we have heard local police departments fill a critical to close its doors. That is from the earlier, and this is from the FBI re- gap which exists between Federal drug Speaker’s home State of Illinois. ports, 95 percent, I heard earlier 90, ac- enforcement programs. The over- From my home State of Indiana in cording to the FBI, 95 percent of the whelming majority, 87.6 percent, of all Fort Wayne, Indiana, we do not have a arrests of drug violators are at the police departments in the United HIDTA. We did not apply for a HIDTA State and local level, not at the Fed- States have less than 50 officers, and because we have Byrne grants. Our eral level. Byrne grants play a critical role in task force has told me in northeast In- If you think about it, we are working supporting multijurisdictional drug diana, it will shut down without the so aggressively on border security task forces which are the backbone of Byrne grants. Fifty percent means only right now, but what happens the other law enforcement agencies. So we had 50 percent shuts down. week? A guy comes across the Cana- asked Mr. Henry, and he came to our We have tremendous budget pres- dian border, even though he was sup- hearing with a list of comments from sures in the United States, and all of us posed to be at a hearing, so the RCMP the State of Illinois that said the fol- know we have these tremendous budget said that he should have been held, lowing: If Federal funds under the pressures. But the people back home comes across with a bloody chainsaw, Byrne program are eliminated, our are not telling us, Let the criminals go with knuckles, with knives and guns, unit will lose three agents. The loss of free. Let’s concentrate on foreign aid. and he comes across. How does he get these agents will cripple our ability to Let’s concentrate on all sorts of dif- picked up? The information goes out, continue effective narcotics investiga- ferent programs. What they believe is but he was not caught by the FBI, he tions. Narcotics trafficking will go un- the minimum standard out of the Fed- was not caught by the DEA, he was not checked and spread. We might as well eral Government is that we should be caught by the Department of Homeland turn the keys to our communities over shutting down crime, controlling our Security; he was caught by a State and to the gangs. borders, getting rid of the threats to local official, because when the Federal Another sheriff said, Although the their daily lives. Government put out the announce- local law enforcement agencies, the It is just incredible to me that a con- ments, that is who picks them up. business and education community servative administration would propose If you are looking for major drug rely heavily on the task force expertise bringing the power to Washington dealers, often you get them like Al in combating the fight against drugs, rather than leaving it at the grassroots Capone. You get them on some other without the existence of the task force, where we are having an effect, where count. You do not get him on murder. violent crime and burglaries will likely drug use in the United States has been You get him on an IRS charge. increase dramatically. declining. And where is our drug czar?

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12230 CONGRESSIONAL RECORD—HOUSE June 13, 2005 Where is our administration? As we are It is going to take all of us together son that they are not welcome in our making progress, they are proposing to to make sure that we address this very communities. Most importantly, we go backwards. important issue. We have concerns that must send a signal to our law enforce- I thank the gentleman from Ne- we are not putting enough resources ment officers who wake up every morn- braska for his leadership and the oth- into funding to help out local law en- ing to protect our families that we ers here tonight because we have to forcement address the very challenging stand with them in fighting against stand up and say, you cannot forget the issues that are tearing up our commu- drugs and we will work with them to people back home and say, we are nities with methamphetamine and give them every tool they need to be going to turn you loose, and good luck drugs. And as the gentleman from Ne- successful. in fighting all these criminals. braska (Mr. OSBORNE) pointed out, this I urge my colleagues to support the Mr. TERRY. Absolutely. I really ap- started out in just a few States, but it amendment that the gentleman from preciate your forceful and passionate has really spread all way from San Nebraska (Mr. TERRY) and I have words on the floor tonight and just how Diego to the Shenandoah Valley. That helped to put forth. Let us stand with staunchly you have stood on this fight. is why we have to support these good, law enforcement. Let us protect the I thank you for those efforts. working anti-drug programs. Byrne grant program. Just one little bit of trivia. You One key, though, is that these drug Mr. TERRY. Mr. Speaker, reclaiming talked about how our own police offi- task forces need to be supported. There my time, I thank the gentleman from cers on the front lines have to be are 800 around the country. If we go Minnesota for his comments. trained to deal with meth. In fact, one through with what the President pro- And this is Angela from Iowa. Like of the new things adopted by the posed or even what the good work of the little girl in Minnesota, this is her Omaha Police Department, they are the gentleman from Virginia (Chair- school picture. I do not know if our C– now having the emergency response or man WOLF) and his committee have re- SPAN cameras can get tight on this or the snipers go with the officers when sulted in, we are going to be losing not. This is her 12-year-old picture, her they exercise a warrant on a meth bust those drug task forces that have been school class picture. This is her at 13, a now because usually when you break doing such great work. year later, after similar friends turned into somebody’s home or you are As we think about what this is all her on to meth. And this had a little smashing the door down exercising a about, I am thinking about a tragic different, tragic end. This little girl, warrant, these people are so extraor- story of a young girl named Megan after her mother found her and tried to dinarily violent that we have had to go from a beautiful town in Minnesota. clean her up, could not kick the habit to those level of measures in the met- She started on meth when she was in of meth and committed suicide. And, ropolitan area. seventh grade at the age of 13, when unfortunately, that is the way that Mr. SOUDER. The gentleman brings some of her friends offered her the many of these tragedies end. up a very critical other point. That is drug. And in her words, she liked meth Mr. Speaker, at this point I yield to that the map we saw earlier that so much that she knew she would use it the gentleman from Texas (Mr. POE). Coach, Congressman, maybe Governor over and over again. But when she Mr. POE. Mr. Speaker, I thank the OSBORNE had up here showed all these could not afford the addiction, she, like gentleman for sponsoring this legisla- States where meth has been in. But it so many other female addicts, was ex- tion. has been predominantly in the rural ploited into becoming a prostitute to Based on my experience as a judge areas. But what we are seeing is that it pay for the meth she craved every sec- and prosecutor for almost 30 years is starting to come into towns like ond of the day. combined, this epidemic of meth- Fort Wayne, a town of 230,000, in After hitting rock bottom at the age amphetamine is a disease that is af- Omaha, and if this stuff hits the major of 18, Megan is managing to pull her fecting a lot of people. It crosses all cities, if it gets into Minneapolis and life back together now after 5 years barriers, all social economic barriers, St. Paul, as it comes in from the rural have been stolen from her by meth. But all races, all ages, both sexes. And it is areas and into the suburbs and into she has too much company in the incumbent upon Congress to make sure those cities, we are going to see an epi- treatment and addiction programs be- that our local law enforcement offi- demic in America like we have not cause about one in five of those treated cials have the ability to fight the war seen in a long time. Things like what for meth use in the State of Minnesota on drugs, to fight it the way they un- you are talking about with the snipers, are 17 years old or younger. But just as derstand best, and the nationalization in one place in Hawaii, they are now Megan is finding a way out of this of this whole process is a very bad idea. charging people to go in, I think it is black hole, we are thinking about cut- Mr. TERRY. Mr. Speaker, reclaiming $200, to get their apartment cleaned be- ting the funding for Byrne grants that my time, I appreciate the gentleman’s fore they come in because if somebody help local police address the meth coming over to the floor and speaking has been cooking in Honolulu and a kid issues. in favor of this amendment against gets into that, they can get sick and These cuts are wrong. They will cut meth, and he certainly has had some die. So now there is a charge in some task forces in our State and across the worldly experiences that he can speak apartment complexes to be able to go country, and who will be there to pro- from. in. tect the children from those making f Mr. TERRY. I am pleased to have as and pushing the poison if this House approves such a devastating cut in the HAS THE SUPREME COURT LOST one of our last speakers for tonight the ITS WAY? gentleman from Minnesota (Mr. KEN- Byrne-Justice Assistance Grant pro- NEDY), who has also been a very force- gram? The SPEAKER pro tempore (Mr. ful fighter against meth and is a mem- Mr. Speaker, I say to my colleagues JINDAL). Under the Speaker’s an- ber of the Meth Caucus and actually that there has to be a better way, and nounced policy of January 4, 2005, the one of the coauthors of the amendment there is. We can help young people like gentleman from Texas (Mr. POE) is rec- that has been referenced several times Megan reject meth before they even try ognized for 60 minutes. tonight. it by restoring Byrne grants to the fis- Mr. POE. Mr. Speaker, I rise tonight cal year 2005 funded level. Doing so will to ask a question, and that question is b 2145 send a strong signal that Congress is relatively simple. By what legal au- Mr. KENNEDY of Minnesota. Mr. serious about fighting the scourge of thority do justices of our Supreme Speaker, I thank the gentleman from the meth. We must send a signal that Court use foreign world tribunals, glob- Nebraska (Mr. TERRY) for holding this the Byrne grant program is important al opinion, and the philosophy of Euro- Special Order. I thank the gentleman to Congress and that we do support the pean elites in making their decisions, from Indiana (Chairman SOUDER) for work of the local officials. We must those decisions that affect all Ameri- his leadership on all of this. send a signal to the pushers of this poi- cans of this Nation? By what license,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12231 by what authority do members of not our trial courts use foreign court day. Many of our Supreme Court jus- America’s highest court ignore our decisions in their opinions? If the Su- tices, with all due respect, have for the Constitution, the Constitution they preme Court justices are our example, most part only handled cases on review took an oath to defend, and why do why cannot that example be followed and on appeal. The consequences of our they cite foreign court decisions at all, by other judges in America? Is it not Constitution occur in our trial courts. decisions from England, the European good for the gander what is good for Having been down there in the mud and Union, the World Court, Belgium, and the goose? the blood and the beer with people, I numerous other nations? The Constitu- Using foreign court decisions across have seen the impact of the Constitu- tion clearly does not give them the the board would create, of course, judi- tion on the lives of Americans. We call power to abandon the scriptures of the cial chaos, judicial anarchy. But yet those consequences justice. Our Su- Constitution. So where do they obtain the Supreme Court does exactly this. preme Court justices deal in judicial such authority? Mr. Speaker, has the Why should the Supreme Court be left theory, judicial thought. Simply put, it Supreme Court lost its way? to its own devices? If there is any other is judicial review. We are talking about I imagine that these justices wonder standard other than the Constitution, the fundamental difference between who I am to question them and their than what is next? the original applications of the law and use of foreign court decisions in mak- Mr. Speaker, looking to foreign court the trenches in a trial court versus the ing laws that apply to the rest of us. decisions is as relevant as using the pontifications about the law on the With all due respect, Mr. Speaker, I am writings in ‘‘Reader’s Digest,’’ a Sears ‘‘mount.’’ As a side note, the Supreme a citizen of the Republic just as they and Roebuck catalogue, a horoscope, Court should not make law. Their duty are. I am an elected representative of my grandmother’s recipe for the com- is to review the Constitution, not re- this House that represents the people. mon cold, looking at tea leaves, star vise it, not reinvent it, and certainly Furthermore, I possess a loyal and gazing, or the local gossip at the barber not rewrite it. lengthy relationship with the law. I am shop in Cut N’ Shoot, Texas. Mr. The Constitution, Mr. Speaker, is the a former instructor in constitutional Speaker, has the Supreme Court lost people’s document. It is ordained by law. I was a trial prosecutor for 8 its way? and subject to the will of the people. It years, trying every type of criminal Also, how do our justices know which should not be meddled with by anyone, case from theft to kidnapping to cap- foreign decisions they will embrace and including members of the Supreme ital murder, including cases where the which ones they will reject? Why have Court. If we believe the Constitution death penalty was assessed and execu- they discriminated and not used the delivers justice, does not injustice, on tions were actually carried out. decisions of our neighbors in South and the other hand, flow from calling upon But more recently, I spent 22 years as Central America or even Mexico? I standards like foreign courts, global a felony court trial judge in Houston, have personally witnessed trials in norms, and international organiza- Texas. I heard over 20,000 criminal Russia and in China. Why not use those tions? cases. In fact, I suspect I heard more courts’ decision in determining Amer- Mr. Speaker, I do not criticize the re- criminal cases in 1 year than all the ican jurisprudence? Who exactly de- sults of the Supreme Court decisions. nine judges of the Supreme Court decides what will be used to decide? Is No one respects the role of the judici- cided in an equal amount of time. As a there any longer predictability or uni- ary more than I do. My grave concern, criminal court judge, I used the Con- formity in our legal system? however is rooted in the process and stitution, particularly the first 14 Mr. Speaker, many of the judicial method by which the Supreme Court amendments, every day. I made deci- matters for which our justices consult makes those decisions that affect the sions that affected people, real people, the opinions of other nations deal with rest of us. defendants, victims, and the commu- the issue of cruel and unusual punish- b 2200 nity. Those decisions affected those in- ment. That is a concept addressed in dividuals for the rest of their lives. I our very own Constitution. Just like Their use of foreign court opinions in determined whether individuals should the provisions for a jury trial are in interpreting American laws. How can lose their property, their liberty, and our Constitution. Now, I ask this ques- the result be fair if the basis for the re- their freedom. Sometimes the decisions tion: If the Supreme Court justices sult is something other than the Con- I made even resulted in those individ- look to foreign courts to define what stitution? uals losing their life. Yet every one of should be cruel and unusual punish- Mr. Speaker, a historical review of a those 20,000 cases was rooted in the ment in our Nation, then I ask what is few Supreme Court decisions is in United States Constitution. to restrain them from determining order. In Thompson v. Oklahoma, Jus- Individuals who came to my court, that our guarantee of a jury trial tice John Paul Stevens maintained it whether they were defendants, victims, should not be modified? After all, many would be offensive to civilized stand- or members of the community, knew of the international entities that these ards of decency to execute a person that the basis of all American law is in justices confer with on judicial prin- who was less than 16 years of age at the the Constitution. Not my personal ciples do not even subscribe to jury time of the offense. opinion, not the rulings of foreign na- trials. Europeans use tribunals. In fact, Referencing the views of other nations, and not the World Court. Not they disdain the concept of the jury tions that share Anglo-American herit- even what the French think. It is the trial. What is next? Will someone on age, as well as leading members of the Constitution that gives all courts from the Supreme Court conclude that the Western European community, he had trial courts to the courts of appeal American jury trial system is outdated tremendous confidence in this decision. their foundation, their identity. If I and should be abolished because it is Further citing the abolishment of the had used any other law but that of the not the European way? death penalty in nations like West Ger- Constitution, I would have been re- Perhaps, Mr. Speaker, Justices An- many, France, Portugal, the Nether- moved from the bench. thony Kennedy, Stephen Breyer, Ruth lands, all Scandinavian countries, and In the jury trials over which I pre- Ginsburg, David Souter, and Sandra the Soviet Union, as well as the scant sided, the jury too would take an oath Day O’Connor are suffering from the use of that penalty in New Zealand and to follow the law and the evidence. Black Robe disease, an incapacitating, the United Kingdom, Justice Stevens They were to internalize the law of the invasive infection imported from Eu- suggested Americans should consider Constitution and make their decisions. rope. There is a cure to the Black Robe global norms in determining our sys- They were expected to decide the case disease, however. It is a dose of the tem of criminal punishments. By what with domestic law, our law, not the law Constitution. A strong dose of our authority does he use these nations as in some other nation. United States Constitution. an example for American law? Mr. Speaker, if our Supreme Court Mr. Speaker, trial judges, like I was Mr. Speaker, has the Supreme Court uses foreign court decisions, why can- once was, deal with real people every lost its way?

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12232 CONGRESSIONAL RECORD—HOUSE June 13, 2005 When we hear, as in this case, Mr. what they do, so they grab European statute says any court, it does not say Stevens’ reference to the United King- law to justify the decisions that are U.S. court or state court, but any dom’s practices, it makes one wonder imposed on the rest of us? Has the Su- court. whether he recalls his high school preme Court lost its way? Nevertheless, when this case went on American history class. I suspect more Now let us turn to a case in my home appeal, the justices of the Supreme history is in order at this point. State of Texas, the case of Lawrence v. Court trumped the law, a law that is on While engaged in an intense revolu- Texas. One of the most egregious per- our books, on America’s books. They tion in 1776, our forefathers signed the petrators of citing foreign court deci- concluded that Congress ordinarily in- Declaration of Independence, which sions is Justice Kennedy. Justice Ken- tends its statutes to have domestic, boldly sets out the 13 colonies’ desire nedy referred to international stand- not foreign application. They deter- to disband their political union with ards in the court’s decision and consid- mined that involving foreign convic- England forever. In that document, eration of Texas laws in Lawrence v. tions would raise the possibility an in- which is just down the street from this Texas. In this instance, writing for the dividual may not have the entire fair- building, Thomas Jefferson penned majority, he clung to a previous ruling ness of the American legal system. among the list of grievances against handed down from one of the most ex- Now it appears the Supreme Court is King George of England that he com- cellent high courts, the European inconsistent on which foreign decisions bined with others to subject us to a ju- Court of Human Rights. they will follow and which ones they risdiction foreign to our Constitution Mr. Speaker, people in Texas do not will not. Is this the law of chaos? Is and unacknowledged by our own laws. care what the European court says this the law of arbitrary decisions? Americans, Mr. Speaker, fled from about much of anything, but they do Just as a side note, Mr. Speaker, the England and Europe because they did care what the Constitution says. Why Japanese Constitution was written for not want to be subject to those unfair are we looking to Europe at all, with the most part by General Douglas Mac- laws. its not-so-glamorous history and the Arthur after the end of World War II. Mr. Speaker, over the course of 8 long lamentable catalogue of human In any event, something is amiss. years in the American War of Inde- conduct. Europe is no righteous stal- This is perplexing. It is appearing that pendence, patriots spilled blood to se- wart of human rights. the Supreme Court is becoming incon- cure liberty for us and preserve con- Europe, you remember. That part of sistent on which foreign laws they will stitutional rights. Their will was to the world that brought us two world apply and which ones they will not. permanently cut the ties with England. wars in the last century. That part of With this type of reasoning, when do We won the war for American inde- the world where history is littered with we accept foreign court opinions and pendence, but in 1812 we had to do it all episodes of massive religious intoler- when do we ignore them? Is there any over again, because the British invaded ance and persecution of races. That rhyme or reason to this arbitrary jus- the United States once again because part of the world where political mur- tice? they still wanted America to be subject der and drawing and quartering were In a rare public debate, Justice An- to the King of England and the law of done for entertainment. All the while, thony Scalia rightly asked his col- England. The British were resolute on a poor man could be hung for killing league Justice Breyer this question: the recapture this free Nation of Amer- the king’s deer. ‘‘Do we just use foreign law selectively ica. They even burned this city. They Why do we turn for advice to that when it agrees with what the justice burned this very Capitol, the symbol of civilized world? Is that not why we es- would like the case to say? You use democracy. Americans, however, de- tablished our Nation to begin with? Is that foreign law, and when it does not feated the British for a second time, that not why we established the Con- agree with you, you ignore that foreign showing them that we will not do stitution of the United States? law. Nevertheless, the use of foreign things the English way, the European Just recently, in April, the Supreme law marches on.’’ way or any way except the American Court heard Small v. United States. In The Supreme Court has also used the way. 1992, Gary Small shipped several multi- law of Jamaica in deciding cases to get Nonetheless, justices here in America gallon electric water heaters from the a desired result, a result that we in across the street from this Capitol United States to Japan. Japanese cus- America have to follow. choose to use British court decisions tom officials searched the container Further, when the Supreme Court and European thought in interpreting and they uncovered rifles, numerous justices have cited opinions from for- the Constitution of this country. What semiautomatic pistols and several hun- eign courts in far away lands like that the British never could accomplish by dred rounds of ammunition. So he was bastion of civil rights, Zimbabwe, was force has our Supreme Court raised the tried and convicted of violating Japa- that based on an overriding confidence white flag and surrendered to them vol- nese customs and weapons laws and he in the inherent standards of fairness in untarily. Has the Supreme Court be- went to jail in Japan. the country of Zimbabwe and its legal come like a Benedict Arnold and be- Once he got out of that Japanese jail, system? trayed the Constitution for the rule of however, about one week after he got Mr. Speaker, that dog just will not the British empire? out, he came to the United States and hunt. The last time I checked, Let us move on to other decisions by purchased a 9 millimeter pistol. Fol- Zimbabwe was an authoritarian gov- our Supreme Court. In Atkins v. Vir- lowing a search of his residence, his ve- ernment ruled by a cold and callous ginia, the justices once more glanced hicle and his business, U.S. Federal au- conniving Robert Mugabe, who op- across the seas toward foreign courts, thorities discovered this .380 caliber presses political challengers, civil and although over a decade earlier our pistol and several hundred rounds of rights activists and jails representa- Supreme Court decided that decisions ammunition. Deeming a convicted gun tives of the media. It appears the Su- of international courts were not to be smuggler apprehended with additional preme Court may have lost its way. used in the determination of sen- ammunition could constitute a danger It also appears that some of the jus- tencing in the United States, the Su- to society, Federal prosecutors, using tices have no intention of curbing this preme Court did a judicial backflip. common sense, prosecuted him under a arbitrary and alarming habit any time The justices in this case now in this U.S. statute which says ex-convicts for soon. The black robe disease is spread- particular matter listened to the voice weapons violations may not possess ing. According to Justice O’Connor, the of the European Union and the global guns. Supreme Court will rely increasingly community at large in making this in- This statute, passed by this Congress on international and foreign courts in consistent decision. prohibits, ‘‘Any person convicted in examining domestic issues. Why? Why I ask once again, why not just use any court of a crime punishable by im- do that? Well, she says, because the im- the Constitution? Is it because the prisonment for a term exceeding a year pressions we create in this world are Constitution does not allow them to do to possess any firearm.’’ Notice the important.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12233 It sound like the justice makes her to suggest that citation of foreign au- ric. A judiciary independent of a king decisions based upon the opinions of a thorities really reflects a sign of weak- or executive alone is a good thing, but worldwide focus group. ness, an admission that the position for independence of the will of the Nation Listening to Justice O’Connor, one which the foreign authority is cited is a travesty.’’ And that will of the Na- would think the Supreme Court is the really lacks support in the United tion, Mr. Speaker, is the Constitution agent of a popularity contest. In Jus- States legal sources, specifically lacks uttered straight from the will of the tice O’Connor’s view, ‘‘The world really support in the Constitution. people. Let us remember some of its is growing together, through com- Our Constitution is sacred, Mr. words. How about the first words of the merce, globalization, the spread of Speaker. It is not a mere list of sugges- Constitution to bring us back, back democratic institutions, immigration tions. Its values are timeless. The Con- home, back to a perspective of our law. to America. It is becoming more and stitution is complete. It needs no help Those words that say, ‘‘We, the people more one world of many different kinds from foreign courts. America’s stand- of the United States, in order to form of people, and how they are going to ards are timeless, and they are in our a more perfect union, establish justice, live together across the world will be very own Constitution. ensure domestic tranquility, provide the challenge, and whether our Con- Mr. Speaker, this is not a Democrat for the common defense, promote the stitution and how it fits into the gov- or a Republican, liberal or conservative general welfare, and secure the bless- erning documents of other nations will issue. It is an issue of stand with the ings of liberty to ourselves and our pos- be a challenge for the next genera- Constitution and who will go the way terity, do ordain and establish this tions.’’ of the wayward foreign courts. Constitution for the United States of Mr. Speaker, this defies common When asked during a recent ABC America.’’ sense. interview whether a day will come The Constitution belongs to the peo- Justice Breyer argues that for years, when the Constitution will no longer ple. It is ordained by the people. It does people all over the world have cited the be the last word on the law, Justice not belong to the Supreme Court for Supreme Court, why do we not cite O’Connor shared the following. She them to bend, rewrite, reinvent, or ig- them occasionally and give them a leg said, ‘‘Well, you always have the power nore it under any circumstances. Sec- up, so they may then go to some of of entering into treaties with other nation 1 of the Constitution dictates that their legislators and others and say, tions, which also became a part of the ‘‘The judges, both of the Supreme see, the Supreme Court of the United law of the land. But I can’t really see Court and inferior courts, shall hold States cites us. the day when we won’t have a Con- their offices during good behavior. I Well, why not just cite Reader’s Di- stitution in our Nation.’’ ask this question: Mr. Speaker, does gest? Mr. Speaker, this defies common b 2215 citing foreign court opinions constitute sense. good behavior? History will reveal Justice Scalia concedes foreign au- While Justice O’Connor hardly pre- whether it does or does not. If, how- thorities may prove useful in devising dicts the dark and dreary demise of ever, I carried on like this in my court- a Constitution, but not interpreting America’s Constitution, her words, Mr. room in Texas, I would have been re- the Constitution. In fact, the Fed- Speaker, are sad. Her words fall far moved from the bench, and rightfully eralist Papers, which flush out many of short of assuring us that forever and so. People from where I come from the particulars concerning the Found- always the U.S. Constitution will be would not stand for a judge citing for- ing Fathers’ vision and what they the lifeline of our land’s existence. The eign courts to make decisions that af- thought about America and our Con- more we hear from our Nation’s top ju- fect Americans. stitution, has discussions of systems of rists like Justice Ginsberg that ‘‘our Perhaps the Justices, Mr. Speaker, government from other countries, for island’’ or ‘‘lone ranger mentality is should think long and hard about the example, Switzerland and Germany. beginning to change,’’ and that they meaning of good behavior. Serving this But there is a difference in using for- ‘‘are becoming more and more open to Nation is a privilege; it is not a right. eign courts and foreign thought to comparative and international law per- We are all accountable to the Constitu- write a Constitution and using foreign spectives, it concerns me a great deal. tion that have taken an oath to defend thought and courts to interpret our The Supreme Court has lost its way, the Constitution. Constitution now that it has been es- and the Black Robe disease is still in- All of us in this body, this House of tablished. fecting our court. People speak of the the people, this House of Representa- Justice Scalia asks, why? Why is for- independence of the judiciary. Mr. tives took an oath, an oath that people eign law relevant to what American Speaker, that is a legal myth. A judici- throughout the lands have taken, peo- judges do when they interpret our Con- ary cannot be independent of the Con- ple from school boards, police officers, stitution? He goes on, answering his stitution but, rather, it must be de- firefighters, city councils, mayors, big own question. The court’s discussion of pendent upon its words. cities, and little cities, legislators, these foreign views is meaningless. It is Mr. Speaker, let us in this body, as Members of Congress; all judges, State, dangerous, since this court, talking fellow defenders of the Constitution of local, and Federal, and the judges of about the Supreme Court, should not the United States, help all people, in- the Supreme Court. We have all taken impose foreign moods, fads or fashions cluding those in the Supreme Court, re- the same simple and solemn oath, to on Americans. member our heritage. And until they preserve, protect, and defend the Con- But that is what happens. That is decide to rejoin the cause of cham- stitution of the United States. We owe what happens when our Supreme Court pioning our Nation’s identity, let us it to the American people, we owe it to cites foreign courts in making its deci- purposefully grip our Constitution with the Constitution, to follow that oath. sions about the United States Con- both hands. The Constitution does not That is our duty. That is our obliga- stitution. give judges, any judges, the authority tion, and we can do nothing but follow Justice Scalia’s assessment, Mr. to use anything as a basis for their de- that oath. Speaker, is further echoed by the Chief cisions except that very Constitution. f Justice of our Supreme Court, William Thomas Jefferson, who I cited earlier Rehnquist, who in a dissenting opinion in writing the Declaration of Independ- CORRECTION TO THE CONGRES- of Atkins v. Virginia wrote, ‘‘The view- ence, years later, in 1820, saw the bleak SIONAL RECORD OF THURSDAY, points of other countries simply are future for our judiciary and predicted JUNE 9, 2005, AT PAGE 12053 not relevant, and that global notions of future judicial subversion. He said, justice are, thankfully, not always ‘‘The judiciary of the United States is those of our people.’’ the subtle core of individuals and min- PROBLEMS WITH CAFTA One could even travel an additional ers constantly working underground to The SPEAKER pro tempore (Mr. mile, as Justice Clarence Thomas has, undermine the foundations of our fab- MACK). Under the Speaker’s announced

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12234 CONGRESSIONAL RECORD—HOUSE June 13, 2005 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- tion 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, active 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 sociate if they want to organize, to form unions; and they have a tradition b 1730 inability of workers to earn enough to enter 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 streets. 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 that 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- cratic side, for Morocco, Chile and work that out. CBI, the President shall take into ac- Singapore; we believe in expanded It is for these reasons, not more nar- count ‘‘whether or not such country trade as long as the terms of those of row interests, why the issue of core has taken or is taking steps to afford that trade agreement and of those labor standards in CAFTA is important workers in that country, including any trade agreements are shaped to spread for Central America and for the United designated zone in that country, inter- States of America. The way it is han- the benefits across the population. nationally recognized rights.’’ Let me say a word about Central dled in CAFTA undermines the chance The GSP, Generalized System of American countries and the defi- that the benefits of expanded trade will Preferences, standard is this: the Presi- be broadly shared. The goal of ciencies in their laws, because much dent shall not designate a country, a has been said of this and much was said globalization must be to expand mar- GSP beneficiary country if ‘‘such coun- kets and raise living standards, not today by our new USTR, a former col- try has not taken or is not taking steps league, Rob Portman. Look, USTR has promote a race to the bottom. to afford internationally recognized An essential part of this leveling up tried to gloss over what the ILO says. worker rights to workers in that coun- They have tried to gloss over what is in is the ability of workers in developing try including any designated zone in the State Department reports them- nations to have the freedom to join to- that country.’’ selves. But any objective look confirms gether, to have a real voice at work, so So CAFTA is a step backward from that those reports say that the laws of they can move up the economic ladder. these standards. The provisions in those countries in terms of the basic This is not true in Central America CAFTA on worker rights as currently international standards are defective. where recent State Department and negotiated are substantially weaker And this was spelled out in a letter International Labor Organization re- than current U.S. law and would re- that was sent by us on April 4 by the ports confirm that the basic legal place that current law. I will give you gentleman from New York (Mr. RAN- framework is not in place to protect an example. In Guatemala over 900 Del GEL), the gentleman from Maryland the rights of workers and enforcement Monte banana workers were fired in (Mr. CARDIN), the gentleman from Cali- of these defective laws is woefully in- 1990 for protesting labor conditions. A fornia (Mr. BECERRA), and myself to adequate. Regretfully, CAFTA as nego- GSP petition led USTR for the first the acting trade representative, Peter tiated preserves the status quo or time ever to self-initiate a worker Allgeier. worse, because it says to these coun- rights review for Guatemala in October Mr. Speaker, this letter will be tries ‘‘enforce your own laws’’ when it 2000. Guatemala subsequently passed placed in the RECORD at the end of my comes to internationally recognized labor reforms in April 2001, which in- remarks. labor standards. cluded granting farm workers new What the reports show is exemplified The Latin American region possesses rights to strike. in a fairly recent case, and I will refer the worst income inequality in the In preparation for CAFTA, however, to it briefly. It relates to port workers world and four of the Central American Guatemala’s constitutional courts in El Salvador. In that case they tried nations rank among the top 10 in Latin struck down key parts of the 2001 labor to organize, they tried to be rep- America with the most serious imbal- reforms. In August of 2004, the Court resented, they tried to bring about ances. Poverty is rampant in these rescinded the authority of the Ministry democratic rights within the work- countries. The middle class is dramati- of Labor of that country to impose place. Thirty-four of the workers were cally weak. As has been true in the ex- fines for labor rights violations, a key fired last December when they were perience of other nations, including our element of the 2001 agreement. Under trying to form a union. And not only own, this will not change unless work- CAFTA, the U.S. would have no re- did the law not require their reinstate- ers can climb up the ladder and help course to challenge that development. ment, but only severance pay, which is develop a vibrant middle class. Now, let me go on, if I might, to a a cheap bargain for an employer who A huge percentage of workers in this next point and that relates to the ex- wants to violate rights. region are not actively benefiting from amples of Morocco and Chile and But a month later, the labor min- globalization because the current laws Singapore because those agreements istry denied the labor union’s registra- in these nations do not adequately are often used as examples as to why tion petition since now there were only

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12235 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, ‘‘returns the agency to its that are taking a step backwards from tion, a provision that itself has been original mission of research, analysis where the Clinton administration was. criticized by the International Labor and advocacy.’’ Well, what that means The contrary is true. The contrary is Organization. is there is not any emphasis on tech- really what this is all about. I just ask everybody to read the let- nical 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 democracy, is democracy in China as a reason to vote for CAFTA. even worse. the 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 somebody raises their voice too often, apparel from China with the end of the ability of the Bush administration to they are fired. quotas. In order to have an effective implement the Jordan agreement, but Now, let me just say a word about an- trade policy, vis-a-vis, China, in the ap- that is not what was negotiated. other argument that is used and that parel and textile areas, we have to do What President Clinton did increas- is, well, the problem is enforcement the following. ingly in his later years was to say to and the United States is going to help Number one, we have to actively use the world, I favor expanded trade, I be- the nations of Central America with remedies that were written into the lieve in it, it has to be done in ways their enforcement. We are going to pro- agreement with China in its accession that shape so that there is a leveling vide monies so that there is a stronger to the WTO. We worked hard to get up and not down. That is language that department of labor, et cetera, et those provisions into the WTO China he used in his speeches. He referred to cetera. accession agreement, and the adminis- them at the University of Chicago Well, today, Rob Portman, our am- tration has hesitated to use them effec- speech, and that was the flavor of his bassador, outlined a number of pro- tively. They did not effectively antici- speech at Davos. I was there when he posals for more funding to help CAFTA pate this problem, and when the prob- gave the speech. He spent half of his countries in technical assistance to lem really sprouted, their response ini- time talking about the benefits of ex- strengthen enforcement of labor laws. tially was very weak. panded trade. He also spent the second He said the problem is not labor laws; Second point regarding this: We do half saying if those benefits were going it is enforcement. The correct analysis need to have and take steps to bring to be real and move globalization is there is a deep problem in their laws about a strong Caribbean apparel and ahead, there needed to be, he said, a and a severe problem with the enforce- textile structure, Caribbean including leveling up and not a leveling down. ment of flawed laws. But when you the United States. To do that, one of When people say we cannot impose look at what was urged today by Mr. the steps that is necessary is to have standards on other countries, and that Portman, and I do not question his compliance with international core was said I think it was yesterday or good faith about it, but I do question labor standards. That would be a maybe earlier today by the chairman the credibility of it because it is the source of strength, not of weakness. It of our committee, I do not understand record, not the rhetoric, that really would be trying to compete and com- that. Trade agreements, like any other matters. And the record of this admin- pete effectively, rather than trying to contract, involve imposition. We are istration in providing technical assist- compete with China as to who can going to have to change laws as a re- ance for the strengthening of labor most suppress worker rights. sult of trade agreements. That was unions in other countries is miserable. In that regard, I do think we ought to true under the Uruguay Round agree- This year, I just give a few examples, look at what is sometimes pointed to, ments. It is true of tariffs. We are this year President Bush proposed crip- and that is, the Clinton legacy because going to have to change our laws re- pling cuts to the budget for the Inter- I have read some articles that have garding tariffs. national Labor Affairs Bureau known said that those of us who have raised Now we are not talking about impos- as ILAB. He proposed cutting funding this set of issues about globalization, ing American standards in CAFTA. by 87 percent from $94 million to $12 who have raised this set of issues about What we are talking about is placing million. shaping trade policy and have applied internationally recognized standards in

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12236 CONGRESSIONAL RECORD—HOUSE June 13, 2005 the declaration of the ILO that every with countries where the workers are move beyond rhetoric to the facts. We urge country involved here, Dominican Re- suppressed. That is eroding the support you to provide documented information con- public, Central American, U.S., has en- for international trade in this country, cerning any amendments CAFTA countries dorsed putting them into the agree- and we need to reaffirm its importance have made to their laws to address the shortcomings noted in the attached list. Those ment, in the body of the agreement by reaffirming some basic principles. shortcomings cannot be overcome with bet- enforceably with reasonable transition. That is going to be good, as I said, for ter enforcement efforts. Even the best en- That is important. our country, for our businesses, and for forcement of inadequate laws—whether re- So let it be clear, the opposition to our workers. lating to intellectual property, services reg- CAFTA, as negotiated, is not being led I am not sure of the timetable for ulation or technical standards for manufac- by those the administration likes to CAFTA. What I am sure is as of today, tured products—cannot yield acceptable re- dismiss as in ‘‘protectionists’’ or ‘‘iso- it would not pass. There may be an ef- sults. lationists.’’ Those shoes do not fit. The fort to try to make it pass by all kinds We support the right CAFTA for the Cen- opposition leadership involves those of of deals, which those of us who favor tral American countries and the Dominican Republic, just as we have strongly supported us who have favored expanded trade expanded trade would never agree to. It may be endeavored to pass through the Caribbean Basin Initiative (CBI) pro- and have helped to shape and pass grams. These programs have done much to trade agreements in the last decade. some kinds of deals unrelated to trade, strengthen economic ties with our friends For us, CAFTA is an important line offering this and that, unrelated again and neighbors in Central America and the in the sand, affecting the future effec- to trade. That would be a terrible mis- Caribbean in ways that benefit both the tiveness of globalization. If the U.S. take. United States and the region. does not seize the opportunity to shape We have an opportunity here to re- However, the CBI programs were built on the rule of trade and competition in configure CAFTA in a way that would the dual pillars of expanded economic oppor- CAFTA, it will have chosen simply to bring about strong bipartisan support tunity and a strong framework for trade. In be on the receiving end of the con- and be a foundation for the develop- particular, the programs were expressly con- ment of stable relationships within ditioned on the countries making progress in sequences, both positive and negative achieving basic labor standards. By contrast, of globalization. Central America and the Dominican Republic and between them and our- the CAFTA moves backward by not includ- I favor a CAFTA but not this agreeing even these minimum standards, and ment as it stands, and we can quickly selves. using instead a standard for each country of fix this agreement by renegotiating Also, as I said, we would be able to ‘‘enforce your own laws.’’ Ensuring that the CAFTA to include internationally rec- reestablish the bipartisan foundation CAFTA countries both adopt and effectively ognized labor standards, with enforce- that once prevailed for international maintain in their laws the most basic stand- ment and a reasonable transition. In trade in this institution. Without it, ards of decency and fairness to working people is important to their workers, their soci- doing so, we would advance the inter- CAFTA, in my judgment, should not 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 to ensuring strong and sustainable economic expand the benefits of globalization be- trouble in tackling the other issues that need to be addressed boldly, hon- growth and promoting increased standards of yond the status quo and any privileged living. minority in any of these countries. estly and effectively. The material I referred to previously We welcome and support all efforts to im- We would take also an important prove the capacity of Central American step, and I want to emphasize this, an I will insert into the RECORD at this countries to improve the enforcement of important step towards reestablishing point. their labor laws. In fact, for the last four a bipartisan foundation for trade. That HOUSE OF REPRESENTATIVES, years, we have fought for better funding of bipartisan foundation has been eroded COMMITTEE ON WAYS AND MEANS, such programs and against massive Adminis- Washington, DC, April 4, 2005. tration budget cuts for labor technical as- under this administration, and it is Hon. PETER ALLGEIER, sistance programs—many of these programs that bipartisan foundation that needs Acting U.S. Trade Representative, eroded-out or slashed by up to 90 percent in to be reestablished because it is so crit- Washington, DC. budgets submitted by the Administration. ical for tackling tough trade issues DEAR AMBASSADOR ALLGEIER: In recent The Administration’s track record gives us ahead, for example, in the Doha Round. weeks, advocates for the Central American little confidence that the one-time grant of We cannot tackle these tough issues of Free Trade Agreement (CAFTA) have made $20 million included in the FY05 Foreign Op- agriculture, various parts of agri- assertions that the CAFTA countries’ laws erations Appropriations Act for labor and en- comply with basic, internationally-recog- culture, or of services, including finan- vironmental technical assistance in the nized rules that ensure common decency and CAFTA countries represents the kind of real cial services, we cannot tackle them, fairness to working people. These advocates and sustained commitment needed in these nontariff barriers, unless there is a argue that the only outstanding issue con- areas. Moreover, such efforts on enforcement solid, nonpartisan, bipartisan founda- cerning the rights of workers in the CAFTA are no substitute for getting it right on basic tion. We cannot do it by trying to countries is a lack of adequate enforcement laws. squeeze out a one vote majority. of existing labor laws. Sincerely, Security, economic and political, is Unfortunately, CAFTA advocates’ rhetoric BENJAMIN L. CARDIN, best achieved in the region of Central is not supported by the facts. There are still Ranking Member, Sub- no fewer than 20 areas in which the CAFTA America by closing the dangerous gap committee on Trade. countries’ labor laws fail to comply with XAVIER BECERRA, between rich and poor, by development even the most basic international norms, as Member. of a real middle class and a larger mid- documented by the International Labor Or- CHARLES B. RANGEL, dle class and by expansion of freedom ganization (ILO), the U.S. Department of Ranking Member. operating in the workplace and spread- State and multiple non-governmental orga- SANDER M. LEVIN, ing throughout the society, it did, by nizations. Ranking Member, Sub- the way, not only in our country, but More than a year ago, in November 2003, a committee on Social number of us wrote to you outlining these Security. in Poland and so many other places. problems in detail. We had hoped that doing I want to close by emphasizing what so might lead to actions to remedy those U.S. STATE DEPARTMENT AND INTERNATIONAL is at stake, that this security, eco- problems, or at least to a constructive dia- LABOR ORGANIZATION REPORTS CONFIRM DE- nomic and political, is in the self-inter- logue about them. However, the Members FICIENCIES IN CAFTA LABOR LAWS est of our country, of our businesses who signed that letter have yet to receive and of our workers. We need to address any response to the list of problems docu- The 2004 U.S. State Department Country this issue of core labor standards, not mented in that letter—either from your of- Reports on Human Rights Practices, the Oc- only for the benefit of the workers in fice or from the countries concerned. In fact, tober 2003 ILO Fundamental Principles and Rights at Work: A Labor Law Study (‘‘the the other countries, of the development the labor laws in at least one of the CAFTA countries have been weakened in recent Report’’), and other ILO reports released in of a so badly needed middle class in months. recent years confirm the existence of at least those countries, but also because our In light of the fact that Congress may soon 20 areas in which the labor laws in the workers increasingly refuse to compete be considering the CAFTA, it is important to CAFTA countries fail to comply with two of

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12237 the most basic international norms of com- The 2004 U.S. State Department Report on 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- Use of Solidarity Associations to Bypass istration requirements to impede the forma- diation before ruling on the legality of a Unions. Costa Rican law allows employers to tion of unions. These formalities violate ILO strike.’’ establish ‘‘solidarity associations’’ and to Convention 87. This deficiency was confirmed in the Octo- bargain directly with such associations, even The 2004 U.S. State Department Report on ber 2003 ILO Report: ‘‘[O]ne of the general re- where a union has been established. The fail- Human Rights Practices confirms this defi- quirements laid down in the legislation . . . ure to explicitly prohibit employers from by- ciency: ‘‘[I]n some cases supported by the 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 . . .’’ gaged in a lawful strike would violate ILO called. These requirements contravene ILO GUATEMALA Conventions 87 and 98. guidelines for regulation of strikes, and (1) Inadequate Protection Against Anti- This deficiency was confirmed in the Octo- taken as a whole, make it nearly impossible Union Discrimination. Guatemala’s laws do ber 2003 ILO Report: ‘‘The CEACR has drawn for a strike to be called. For example, Costa not adequately deter anti-union discrimina- the attention of the Government to the fact Rica requires that 60% of all workers in a fa- tion. The failure to provide adequate protec- that certain provisions of the Penal Code are cility vote in favor of a strike in order for it tion from anti-union discrimination violates not compatible with ILO Conventions . . . to be legal. These requirements violate ILO Convention 98. noting that . . . sentences of imprisonment Convention 87. This deficiency was confirmed in the 2004 can be imposed as a punishment . . . for par- This deficiency was confirmed in the Octo- U.S. State Department Report on Human ticipation in a strike.’’ ber 2003 ILO Report: ‘‘The general require- Rights Practices: ‘‘An ineffective legal sys- (5) Restrictions on Union Leadership. Gua- ments set out by the legislator [sic] for a tem and inadequate penalties for violations temala maintains a number of restrictions strike to be legal . . . include the require- hindered enforcement of the right to form with respect to union leadership including: ment that at least 60 per cent of the workers unions and participate in trade union activi- (1) restricting leadership positions to Guate- in the enterprise support strike action. The ties. . . .’’ malan nationals; and (2) requiring that union CEACR has stated that if a member State This deficiency was confirmed in the Octo- leaders be currently employed in the occupa- deems it appropriate to establish in its legis- ber 2003 ILO Report: ‘‘[T]he CEACR hopes tion represented by the union. These restric- lation provisions for the requirement of a that . . . ‘measures will soon be adopted to tions violate Convention 87. vote by workers before a strike can be held, ensure rapid and effective compliance with This deficiency was confirmed in the Octo- ‘it should ensure that account is taken only judicial decisions ordering the reinstatement ber 2003 ILO Report: ‘‘Both the Constitution of the votes cast, and that the required in their jobs of workers dismissed for trade and the Labour Code prohibit foreign nation- quorum and majority are fixed at a reason- union activities and that effective penalties als from holding office in a trade union.... able level.’ ’’ will be established for failure to comply with The Labour Code requires officials to be (3) Inadequate Protection Against Anti- such decisions.’ ’’ workers in the enterprise.... These restric- Union Discrimination. Costa Rica’s laws do Note: In August 2004, the Constitutional tions have given rise to observations by the not provide for swift action against anti- Court of Guatemala issued a ruling rescind- CEACR.’’ union discrimination. For example, there is ing the authority of the Ministry of Labor to HONDURAS no accelerated judicial review for dismissal impose fines for labor rights violations. Fol- of union leaders. lowing this decision, it is not clear whether (1) Burdensome Requirements for Union This deficiency was confirmed in the Octo- Guatemala’s law permits any fines to be as- Recognition. Honduran law requires more ber 2003 ILO Report: ‘‘[A]s the CEACR has in- sessed for labor violations. than 30 workers to form a trade union. This dicated, legislation needs to be amended ‘to (2) Restrictive Requirements for Forma- numerical requirement acts as a bar to the expedite judicial proceedings concerning tion of Industrial Unions. Guatemala re- establishment of unions in small firms, and anti-union discrimination and to ensure that quires a majority of workers in an industry violates ILO Convention 87. the decisions thereby are implemented by ef- to vote in support of the formation of an in- This deficiency was confirmed in the 2004 fective means.’ ’’ dustry-wide union for the union to be recog- U.S. State Department Report on Human EL SALVADOR nized. This requirement violates Convention Rights Practices: ‘‘The [ILO] has noted that (1) Inadequate Protection Against Anti- 87. various provisions in the labor law restrict Union Discrimination. El Salvador fails to This deficiency was confirmed in the 2004 freedom of association, including . . . the re- provide adequate protection against anti- U.S. State Department Report on Human quirement of more than 30 workers to con- union discrimination. In particular, El Sal- Rights Practices: The high, industry-wide stitute a trade union. . . .’’ vador fails to provide for reinstatement of threshold creates ‘‘a nearly insurmountable This deficiency was confirmed in the Octo- workers fired because of anti-union discrimi- barrier to the formation of new industry- ber 2003 ILO Report: ‘‘[T]he requirement to nation, which violates ILO Convention 98. wide unions.’’ have more than 30 workers to constitute a There also are widespread reports of black- (3) Onerous Requirements to Strike. Gua- trade union . . . has prompted the CEACR to listing in export processing zones of workers temalan law includes a number of provisions comment that this number is ‘not conducive who join unions. Salvadoran law does not that interfere with the right to strike. The to the formation of trade unions in small, prohibit blacklisting, as it bars only anti- Guatemalan Labor Code mandates that and medium size enterprises.’ ’’ union discrimination against employees, not unions obtain permission from a labor court (2) Limitations on the Number of Unions. job applicants. to strike, even where workers have voted in Honduran law prohibits the formation of

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12238 CONGRESSIONAL RECORD—HOUSE June 13, 2005 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 . . .’’ and fosters the creation of monopoly unions. this respect, the Committee once again f This deficiency was confirmed in the 2004 hopes that [labor law reform will include U.S. State Department Report on Human provisions] designed to . . . afford full and LEAVE OF ABSENCE Rights Practices: ‘‘The [ILO] has noted that adequate protection against any acts of in- By unanimous consent, leave of ab- various provisions in the labor law restrict terference, as well as sufficiently effective sence was granted to: freedom of association, including the prohi- and dissuasive sanctions against such acts.’’ Ms. KILPATRICK of Michigan (at the bition of more than 1 trade union in a single (6) Restrictions on Federations. Honduras request of Ms. PELOSI) for today on ac- enterprise. . . .’’ prohibits federations from calling strikes. This deficiency was confirmed in the Octo- The CEACR has criticized this prohibition, count of personal reasons. ber 2003 ILO Report: ‘‘Such a provision, in which contravenes the right to organize. Mr. LARSEN of Washington (at the re- the view of the CEACR, is contrary to Arti- This deficiency was confirmed in the Octo- quest of Ms. PELOSI) for today on ac- cle 2 of Convention No. 87, since the law ber 2003 ILO Report: ‘‘Federations and con- count of business in the district. should not institutionalize a de facto monop- federations do not have a recognized right to Ms. LINDA T. SA´ NCHEZ of California oly. . . .’’ strike . . . which has prompted the CEACR (at the request of Ms. PELOSI) for today (3) Restrictions on Union Leadership. Hon- to recall that such provisions are contrary to on account of official business in the duras requires that union leaders be Hon- Articles 3, 5 and 6 of Convention No. 87 . . .’’ district. duran nationals, and be employed in the oc- (7) Onerous Strike Requirements. Hon- Mr. SESSIONS (at the request of Mr. duras requires that two-thirds of union mem- cupation that the union represents. These re- DELAY) for the week of June 13 on ac- bers must support a strike for it to be legal. strictions violate ILO Convention 87. count of taking his sons to scout camp. This deficiency was confirmed in the 2004 This requirement violates ILO Convention Mr. TOWNS (at the request of Ms. U.S. State Department Report on Human 87. Rights Practices: ‘‘The [ILO) has noted that This deficiency was confirmed in the Octo- PELOSI) for today. various provisions in the labor law restrict ber 2003 ILO Report: ‘‘[T]he CEACR has re- Ms. WATERS (at the request of Ms. freedom of association, including . . . the called that restrictions on the right to strike PELOSI) for today on account of per- prohibition on foreign nationals holding should not be such as to make it impossible sonal business. union office, the requirement that union of- to call a strike in practice, and that a simple f ficials must be employed in the economic ac- majority of voters calculated on the basis of tivity of the business the union rep- the workers present at the assembly should SPECIAL ORDERS GRANTED resents. . . .’’ be sufficient to be able to call a strike.’’ By unanimous consent, permission to This deficiency was confirmed in the Octo- NICARAGUA address the House, following the legis- ber 2003 ILO Report: ‘‘The Labour Code pro- (1) Inadequate Protection Against Anti- lative program and any special orders hibits foreign nationals from holding trade Union Discrimination. Nicaragua’s laws per- heretofore entered, was granted to: union offices and requires officials to be en- mit employers to fire employees who are at- (The following Members (at the re- gaged in the activity, profession or trade tempting to organize a union as long as they characteristic of the trade union.... The quest of Mr. PALLONE) to revise and ex- provide double the normal severance pay. tend their remarks and include extra- CEACR has objected to these provisions, This allowance violates ILO Convention 98. which it deems incompatible with Article 3 This deficiency was confirmed in the Octo- neous material:) of Convention No. 87. . . .’’ ber 2003 ILO Report: The Annex to the Re- Ms. WOOLSEY, for 5 minutes, today. (4) Inadequate Protection Against Anti- port states that the Labor Code provides Mr. PALLONE, for 5 minutes, today. Union Discrimination. The ILO CEACR has that ‘‘if the employer does not carry out re- Mr. GENE GREEN of Texas, for 5 min- faulted Honduras for a number of years for instatement, he/she shall pay double the utes, today. not providing adequate sanctions for anti- compensation according to the length of Mr. EMANUEL, for 5 minutes, today. union discrimination. For example, under service.’’ Ms. WATERS, for 5 minutes, today. the law, only a very small fine equivalent to (2) Use of Solidarity Associations to By- Ms. SOLIS, for 5 minutes, today. approximately US$12–$600 can be assessed pass Unions. Nicaragua allows employers to (The following Members (at the re- against employers for interfering with the create ‘‘solidarity associations’’ but does not quest of Mr. GUTKNECHT) to revise and right of association. This Honduran law vio- specify how those associations relate to extend their remarks and include ex- lates ILO Convention 98. unions. The failure to include protections traneous material:) This deficiency was confirmed by a 2004 Re- against employers using solidarity associa- Mr. GUTKNECHT, for 5 minutes, June port of the ILO Committee of Experts on the tions to interfere with union activities vio- 20. Application of Conventions and Rec- lates ILO Convention 98. ommendations (CEACR): ‘‘The penalties en- This deficiency was confirmed in the 2004 Mr. BURTON of Indiana, for 5 minutes, visaged . . . against persons impairing the U.S. State Department Report on Human today, June 14, 15, 16 and 17. right to freedom of association (from 200 to Rights Practices: ‘‘The Labor Code recog- Mr. NORWOOD, for 5 minutes, June 16. 2,000 lempiras, with 200 lempiras being equiv- nizes cooperatives into which many trans- (The following Member (at her own alent to around $12) had been deemed inad- portation and agricultural workers are orga- request) to revise and extend her re- equate by one worker’s confederation.... nized. Representatives of most organized marks and include extraneous mate- The Committee once again hopes that [legis- labor groups criticized these cooperatives rial:) lation will be prepared] providing for suffi- and assert that they do not permit strikes, Ms. ROS-LEHTINEN, for 5 minutes, ciently effective and dissuasive sanctions have inadequate grievance procedures, are today. against all acts of anti-union discrimina- meant to displace genuine, independent tion.’’ trade unions and are dominated by employ- f (5) Few Protections Against Employer In- ers.’’ ADJOURNMENT terference in Union Activities. Honduras pro- (3) Procedural Impediments to Calling a hibits employers or employees with ties to Strike. Nicaragua maintains a number of re- Mr. POE. Mr. Speaker, I move that management from joining a union; it does strictive procedural requirements for calling the House do now adjourn. not, however, prohibit employers from inter- strikes. (According to the 2002 U.S. State De- The motion was agreed to; accord- fering in union activities through financial partment Human Rights Report, the Nica- ingly (at 10 o’clock and 21 minutes or other means. The failure to preclude em- raguan Labor Ministry asserts that it would p.m.), under its previous order, the ployer involvement violates ILO Convention take approximately 6 months for a union to House adjourned until tomorrow, Tues- 98 on the right to organize and bargain col- go through the entire process to be per- day, June 14, 2005, at 9 a.m., for morn- lectively. mitted to have a legal strike.) Since all legal ing hour debates. This deficiency was confirmed in a 2004 Re- protections may be withdrawn in the case of port of the ILO CEACR: ‘‘[T]he Convention an illegal strike, the practical outcome is f provides for broader protection for workers’ that workers who strike often lose their EXECUTIVE COMMUNICATIONS, . . . organizations against any acts of inter- jobs, thus undermining the right to strike ETC. ference . . . in particular, acts which are de- protected by Convention 87. signed to promote the establishment of This deficiency was confirmed in the 2004 Under clause 8 of rule XII, executive workers’ organizations under the domination U.S. State Department Report on Human communications were taken from the of employers or employers’ organizations, or Rights Practices: ‘‘Observers contend that Speaker’s table and referred as follows:

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12239 2293. A letter from the Comptroller, De- (Insp. Gen. Act) section 5(b); to the Com- and Modification of Class D Airspace; To- partment of Defense, transmitting a report mittee on Government Reform. peka, Forbes Field, KS [Docket No. FAA- of a violation of the Antideficiency Act by 2305. A letter from the Acting Director, Of- 2002-14348; Airspace Docket No. 03-ACE-5] re- the Department of the Army, Case Number fice of Personnel Management, transmitting ceived May 19, 2005, pursuant to 5 U.S.C. 02-01, pursuant to 31 U.S.C. 1517(b); to the the semiannual report on the activities of 801(a)(1)(A); to the Committee on Transpor- Committee on Appropriations. the Inspector General and the Management tation and Infrastructure. 2294. A letter from the Under Secretary for Response for the period of October 1, 2004 to 2315. A letter from the Program Analyst, Aquisition, Technology and Logistics, De- March 31, 2005, pursuant to 5 U.S.C. app. FAA, Department of Transportation, trans- partment of Defense, transmitting certified (Insp. Gen. Act) section 5(b); to the Com- mitting the Department’s final rule — Estab- materials provided to the Base Closure and mittee on Government Reform. lishment of Class E Surface Area Airspace; Realignment Commission; to the Committee 2306. A letter from the Chairman, Securi- and Modification of Class D Airspace; To- on Armed Services. ties and Exchange Commission, transmitting peka, Forbes Field, KS [Docket No. FAA- 2295. A letter from the Deputy Director, the semiannual report on activities of the In- 2002-14348; Airspace Docket No. 03-ACE-5] re- Defense Security Cooperation Agency, trans- spector General for the period October 1, 2004 ceived May 19, 2005, pursuant to 5 U.S.C. mitting notification concerning the Depart- through March 31, 2005 and the Management 801(a)(1)(A); to the Committee on Transpor- ment of the Navy’s Proposed Letter(s) of Response for the same period, pursuant to 5 tation and Infrastructure. Offer and Acceptance (LOA) to Japan for de- U.S.C. app. (Insp. Gen. Act) section 5(b); to 2316. A letter from the Program Analyst, fense articles and services (Transmittal No. the Committee on Government Reform. FAA, Department of Transportation, trans- 05-27), pursuant to 22 U.S.C. 2776(b); to the 2307. A letter from the Chairman, U.S. mitting the Department’s final rule — Committee on International Relations. Postal Service, transmitting the semiannual Amendment of Class D and E Airspace; 2296. A letter from the Acting Assistant report on activities of the Inspector General Montgomery, AL; Correction [Docket No. Secretary for Legislative Affairs, Depart- for the period ending March 31, 2005 and the FAA-2003-15409; Airspace Docket No. 03-ASO- ment of State, transmitting Determination Management Response for the same period, 8] received May 19, 2005, pursuant to 5 U.S.C. Related to Serbia Under 563(c) of the Foreign pursuant to 5 U.S.C. app. (Insp. Gen. Act) 801(a)(1)(A); to the Committee on Transpor- Operations, Export Financing, and Related section 8G(h)(2); to the Committee on Gov- tation and Infrastructure. Programs Appropriations Act, 2005 (Div. D, ernment Reform. 2317. A letter from the Program Analyst, P.L. 108-447); to the Committee on Inter- 2308. A letter from the Chief, Regulations FAA, Department of Transportation, trans- national Relations. and Administrative Law, USCG, Department mitting the Department’s final rule — Modi- 2297. A letter from the Acting Assistant of Homeland Security, transmitting the De- fication of Class E Airspace; Cedar Rapids, Secretary for Legislative Affairs, Depart- partment’s final rule — Special Local Regu- IA [Docket No. FAA-2003-15074; Airspace ment of State, transmitting pursuant to sec- lation for Marine Events; Nanticoke River, Docket No. 03-ACE-42] received May 19, 2005, tion 3(d) of the Arms Export Control Act, Sharptown, MD [CGD05-05-052] (RIN: 1625- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- certification regarding the proposed transfer AA08) received June 8, 2005, pursuant to 5 mittee on Transportation and Infrastruc- of major defense equipment from the Gov- U.S.C. 801(a)(1)(A); to the Committee on ture. ernment of Australia (Transmittal No. Transportation and Infrastructure. 2318. A letter from the Program Analyst, RSAT-02-05); to the Committee on Inter- 2309. A letter from the Chief, Regulations FAA, Department of Transportation, trans- national Relations. and Administrative Law, USCG, Department mitting the Department’s final rule — 2298. A letter from the Secretary, Depart- of Homeland Security, transmitting the De- Amendment of Class E Airspace; Windsor ment of Education, transmitting the thirty- partment’s final rule — Special Local Regu- Locks, Bradley International Airport, CT second Semiannual Report to Congress on lation for Marine Events; Maryland Swim for [Docket No. FAA-2003-14868; Airspace Docket Audit Follow-Up, covering the period Octo- Life, Chester River, Chestertown, MD No. 2003-ANE-103] received May 19, 2005, pur- ber 1, 2004 through March 31, 2005 in compli- [CGD05-05-051] (RIN: 1625-AA08) received suant to 5 U.S.C. 801(a)(1)(A); to the Com- ance with the Inspector General Act Amend- June 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Transportation and Infrastruc- ments of 1988, pursuant to 5 U.S.C. app. (Insp. to the Committee on Transportation and In- ture. Gen. Act) section 5(b); to the Committee on frastructure. Government Reform. 2310. A letter from the Program Analyst, 2319. A letter from the Program Analyst, 2299. A letter from the Secretary, Depart- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- ment of the Interior, transmitting the semi- mitting the Department’s final rule — Modi- mitting the Department’s final rule — Modi- annual report on the activities of the Office fication of Class E Airspace; Columbus, NE. fication of Class E Airspace; Valentine, NE of Inspector General covering the six month [Docket No. FAA-2005-20752; Airspace Docket [Docket No. FAA-2003-15075; Airspace Docket period of September 30, 2004 through April 1, No. 05-ACE-15] received May 19, 2005, pursu- No. 03-ACE-43] received May 19, 2005, pursu- 2005, pursuant to 5 U.S.C. app. (Insp. Gen. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee Act) section 5(b); to the Committee on Gov- on Transportation and Infrastructure. on Transportation and Infrastructure. ernment Reform. 2311. A letter from the Program Analyst, 2320. A letter from the Program Analyst, 2300. A letter from the Acting White House FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Liaison, Department of Commerce, transmit- mitting the Department’s final rule — Revi- mitting the Department’s final rule — Modi- ting a report pursuant to the Federal Vacan- sion of Class E Airspace; Nome, AK [Docket fication of Class E Airspace; Kaiser, MO cies Reform Act of 1998; to the Committee on No. FAA-2005-20449; Airspace Docket No. 05- [Docket No. FAA-2003-15076; Airspace Docket Government Reform. AAL-06] received May 19, 2005, pursuant to 5 No. 03-ACE-44] received May 19, 2005, pursu- 2301. A letter from the Acting White House U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Liaison, Department of Commerce, transmit- Transportation and Infrastructure. on Transportation and Infrastructure. ting a report pursuant to the Federal Vacan- 2312. A letter from the Program Analyst, 2321. A letter from the Program Analyst, cies Reform Act of 1998; to the Committee on FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Government Reform. mitting the Department’s final rule — Revi- mitting the Department’s final rule — Modi- 2302. A letter from the Acting White House sion of VOR Federal Airway 208 [Docket No. fication of Class E Airspace; Elkhart, KS Liaison, Department of Commerce, transmit- FAA-2003-19053; Airspace Docket No. 04- [Docket No. FAA-2003-15453; Airspace Docket ting a report pursuant to the Federal Vacan- ANM-10] (RIN: 2120-AA66) received May 19, No. 03-ACE-51] received May 19, 2005, pursu- cies Reform Act of 1998; to the Committee on 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Government Reform. Committee on Transportation and Infra- on Transportation and Infrastructure. 2303. A letter from the Chairman, National structure. 2322. A letter from the Vice President, Gov- Endowment for the Arts, transmitting the 2313. A letter from the Program Analyst, ernment Affairs, National Railroad Pas- Semiannual Report to the Congress of the FAA, Department of Transportation, trans- senger Corporation, transmitting Amtrak’s Inspector General and the Chairman’s Semi- mitting the Department’s final rule — Revi- Grant and Legislative Request for FY06; to annual Report on Final Actions Resulting sion of VOR Federal Airways and Jet Routes the Committee on Transportation and Infra- from Audit Reports for the period of October in the Vicinity of Savannah, GA [Docket No. structure. 1, 2004 through March 31, 2005, pursuant to 5 FAA 2002-13362; Airspace Docket No. 02-ASO- 2323. A letter from the Chairman, Inter- U.S.C. app. (Insp. Gen. Act) section 5(b); to 7] (RIN: 2120-AA66) received May 19, 2005, pur- national Trade Commission, transmitting a the Committee on Government Reform. suant to 5 U.S.C. 801(a)(1)(A); to the Com- final report of the review and analysis of the 2304. A letter from the Acting Director, Of- mittee on Transportation and Infrastruc- economic impact on the Unted States of all fice of Personnel Management, transmitting ture. trade agreements implemented under the the semiannual report on the activities of 2314. A letter from the Program Analyst, Trade Promotion Authority, pursuant to 19 the Inspector General and the Management FAA, Department of Transportation, trans- U.S.C. 3803 Public Law 107–210 section Response for the period of October 1, 2004 to mitting the Department’s final rule — Estab- 2103(c)(3)(B); to the Committee on Ways and March 31, 2005, pursuant to 5 U.S.C. app. lishment of Class E Surface Area Airspace; Means.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12240 CONGRESSIONAL RECORD—HOUSE June 13, 2005 REPORTS OF COMMITTEES ON By Mr. DOYLE: H.R. 2871. A bill to designate the John L. PUBLIC BILLS AND RESOLUTIONS H.R. 2867. A bill to establish the Steel In- Burton Trail in the Headwaters Forest Re- dustry National Historic Site in the State of serve, California; to the Committee on Re- Under clause 2 of rule XIII, reports of Pennsylvania; to the Committee on Re- sources. committees were delivered to the Clerk sources. By Mr. NEY (for himself and Mr. for printing and reference to the proper By Mr. GRAVES (for himself, Mr. CARDIN): calendar, as follows: CLAY, Mr. CHABOT, Mr. NORWOOD, Mr. H.R. 2872. A bill to require the Secretary of ETHERIDGE, Mr. AKIN, Mr. HINCHEY, the Treasury to mint coins in commemora- [Pursuant to the order of the House on June 9, Mr. SIMMONS, Mr. GOODE, Mr. ALEX- tion of Louis Braille; to the Committee on 2005 the following reports were filed on June ANDER, Mr. WALSH, Mr. MILLER of Financial Services. 10, 2005] Florida, Mr. TERRY, Mr. PUTNAM, Mr. By Mrs. WILSON of New Mexico: Mr. WOLF: Committee on Appropriations. BOOZMAN, Mr. KENNEDY of Rhode Is- H.R. 2873. A bill to clear title to certain H.R. 2862. A bill making appropriations for land, Mr. BARRETT of South Carolina, real property in New Mexico associated with Science, the Departments of State, Justice, Ms. GINNY BROWN-WAITE of Florida, the Middle Rio Grande Project, and for other and Commerce, and related agencies for the Mr. SOUDER, Mr. KUHL of New York, purposes; to the Committee on Resources. fiscal year ending September 30, 2006, and for Mr. BOREN, Mr. WEXLER, Mr. By Mr. FILNER: other purposes (Rept. 109–118). Referred to GILLMOR, Mr. FORD, Mr. CONYERS, H. Res. 313. A resolution urging the Presi- the Committee of the Whole House on the Mr. MCINTYRE, Mr. REYNOLDS, Ms. dent to authorize the transfer of ownership State of the Union. FOXX, Mr. BISHOP of New York, Ms. of one of the bells taken from the town of Mr. YOUNG of Florida: Committee on Ap- CARSON, Mr. SHIMKUS, Mr. GARRETT Balangiga on the island of Samar, Phil- propriations. H.R. 2863. A bill making appro- of New Jersey, and Mr. PAYNE): ippines, which are currently displayed at priations for the Department of Defense for H.R. 2868. A bill to amend the Internal Rev- F.E. Warren Air Force Base, to the people of the fiscal year ending September 30, 2006, and enue Code of 1986 to extend and expand the the Philippines; to the Committee on Armed for other purposes (Rept. 109–119). Referred deduction for certain expenses of elementary Services. to the Committee of the Whole House on the and secondary school teachers; to the Com- f State of the Union. mittee on Ways and Means. [Filed on June 10, 2005] By Mr. GENE GREEN of Texas (for ADDITIONAL SPONSORS Mr. HYDE: Committee on International himself, Mr. WAXMAN, Mr. BROWN of Under clause 7 of rule XII, sponsors Relations. H.R. 2745. A bill to reform the Ohio, Mr. STARK, Mr. FARR, Mr. GRI- United Nations, and for other purposes; and JALVA, Mr. BACA, Mr. REYES, Mr. were added to public bills and resolu- with an amendment (Rept. 109–120). Referred GONZALEZ, Mr. STRICKLAND, Mr. RYAN tions as follows: to the Committee of the Whole House on the of Ohio, Mr. HINOJOSA, Mrs. CAPPS, H.R. 23: Mr. SULLIVAN and Mr. BOUCHER. State of the Union. Ms. SOLIS, Ms. DEGETTE, Mr. STUPAK, H.R. 97: Ms. WATSON, Mr. FOLEY, Mr. FIL- [Filed on June 13, 2005] Mr. TOWNS, Mr. ORTIZ, Ms. JACKSON- NER, and Mr. SERRANO. Mr. YOUNG of Alaska: Committee on LEE of Texas, Mr. MCDERMOTT, Mr. H.R. 111: Ms. MCKINNEY, Mr. POMEROY, Mr. Transportation and Infrastructure. House DOGGETT, and Ms. LEE): JACKSON of Illinois, and Mr. EDWARDS. Concurrent Resolution 152. Resolution com- H.R. 2869. A bill to amend title II of the So- H.R. 181: Mr. GOODLATTE. memorating Mystic Seaport: the Museum of cial Security Act to phase out the 24-month H.R. 195: Mr. SHAYS and Mr. ENGLISH of America and the Sea in recognition of its waiting period for disabled individuals to be- Pennsylvania. 75th year; with an amendment (Rept. 109– come eligible for Medicare benefits, to elimi- H.R. 199: Ms. MCKINNEY. 121). Referred to the House Calendar. nate the waiting period for individuals with H.R. 303: Mr. KANJORSKI. Mr. GINGREY: Committee on Rules. House life-threatening conditions, and for other H.R. 438: Mr. MEEKS of New York, Mr. Resolution 314. Resolution providing for con- purposes; to the Committee on Ways and FORD, Mr. HASTINGS of Florida, Mrs. sideration of the bill (H.R. 2862) making ap- Means, and in addition to the Committees on CHRISTENSEN, Mr. TOWNS, Mr. DAVIS of Illi- propriations for Science, the Departments of Energy and Commerce, and Transportation nois, Mr. PAYNE, Mr. CLAY, Ms. MOORE of State, Justice, and Commerce, and related and Infrastructure, for a period to be subse- Wisconsin, Ms. NORTON, Ms. EDDIE BERNICE agencies for the fiscal year ending Sep- quently determined by the Speaker, in each JOHNSON of Texas, Mr. THOMPSON of Mis- tember 30, 2006, and for other purposes (Rept. case for consideration of such provisions as sissippi, and Mr. SCOTT of Virginia. 109–122). Referred to the House Calendar. fall within the jurisdiction of the committee H.R. 457: Mr. PALLONE, Mr. MEEKS of New concerned. York, Mr. KILDEE, Mr. MOORE of Kansas, Mr. f By Mr. LANTOS (for himself, Mr. SAXTON, and Mr. HINCHEY. PUBLIC BILLS AND RESOLUTIONS OWENS, Mr. OBERSTAR, Mr. GUTIER- H.R. 490: Mr. TIAHRT. REZ, Mr. GEORGE MILLER of Cali- H.R. 535: Mr. HOLT, Mr. CROWLEY, Mrs. Under clause 2 of rule XII, public fornia, Mr. PAYNE, Mr. SANDERS, Mr. CHRISTENSEN, Mr. DOGGETT, and Mr. FRANK bills and resolutions were introduced GRIJALVA, Mr. MCGOVERN, Ms. WOOL- of Massachusetts. and severally referred, as follows: SEY, Mrs. CHRISTENSEN, Mr. STARK, H.R. 666: Mr. ANDREWS. By Mr. YOUNG of Alaska (for himself, Mrs. MALONEY, Mr. FILNER, Ms. H.R. 670: Mr. STRICKLAND and Mr. MILLER Mr. OBERSTAR, Mr. DUNCAN, and Ms. SOLIS, Ms. SCHAKOWSKY, Mr. TIERNEY, of Florida. EDDIE BERNICE JOHNSON of Texas): Mr. KUCINICH, Mr. BROWN of Ohio, Ms. H.R. 676: Mr. HASTINGS of Florida. H.R. 2864. A bill to provide for the con- ROYBAL-ALLARD, Mr. DAVIS of Illi- H.R. 728: Mr. DEAL of Georgia. servation and development of water and re- nois, Mr. FRANK of Massachusetts, H.R. 799: Mr. STARK. lated resources, to authorize the Secretary Ms. DELAURO, Mr. DINGELL, Ms. H.R. 858: Mr. EVERETT. of the Army to construct various projects for VEL´ AZQUEZ, and Mr. MCDERMOTT): H.R. 893: Mr. OBERSTAR. improvements to rivers and harbors of the H.R. 2870. A bill to amend the Fair Labor H.R. 896: Ms. DELAURO and Mr. CASE. United States, and for other purposes; to the Standards Act of 1938 to reform the provi- H.R. 923: Mr. ISSA. Committee on Transportation and Infra- sions relating to child labor, and for other H.R. 949: Ms. BALDWIN, Mr. JEFFERSON, and structure. purposes; to the Committee on Education Mr. MCDERMOTT. By Mr. FILNER (for himself, Mr. PAS- and the Workforce. H.R. 994: Ms. MCKINNEY, Ms. MATSUI, Mr. TOR, Mr. GRIJALVA, Mr. SERRANO, and By Mr. GEORGE MILLER of California THOMPSON of California, Mr. TANCREDO, Mr. Mr. MCDERMOTT): (for himself, Mr. BACA, Mr. BECERRA, HINCHEY, Mr. ISSA, Mr. MURPHY, Mr. STUPAK, H.R. 2865. A bill to amend the Immigration Mr. BERMAN, Mrs. CAPPS, Mr. CAR- Mr. WALDEN of Oregon, Ms. KILPATRICK of and Nationality Act to restore certain provi- DOZA, Mr. COSTA, Mrs. DAVIS of Cali- Michigan, Mrs. CAPPS, Ms. WATERS, Mr. sions relating to the definition of aggravated fornia, Ms. ESHOO, Mr. FARR, Mr. FIL- NEUGEBAUER, and Mr. MCGOVERN. felony and other provisions as they were be- NER, Ms. HARMAN, Mr. HONDA, Mr. H.R. 1059: Mr. PASTOR and Mr. SMITH of fore the enactment of the Illegal Immigra- LANTOS, Ms. LEE, Ms. ZOE LOFGREN of Washington. tion Reform and Immigrant Responsibility California, Ms. MILLENDER-MCDON- H.R. 1121: Mr. DREIER. Act of 1996; to the Committee on the Judici- ALD, Mrs. NAPOLITANO, Ms. PELOSI, H.R. 1130: Mr. CLEAVER and Ms. WATSON. ary. Ms. ROYBAL-ALLARD, Ms. LINDA T. H.R. 1188: Mr. ABERCROMBIE and Mr. By Mr. ABERCROMBIE (for himself SA´ NCHEZ of California, Ms. LORETTA OWENS. and Mr. CASE): SANCHEZ of California, Mr. SCHIFF, H.R. 1204: Mr. BOEHLERT. H.R. 2866. A bill to provide for the expan- Mr. SHERMAN, Ms. SOLIS, Mr. STARK, H.R. 1220: Mr. REYES. sion of the James Campbell National Wildlife Mrs. TAUSCHER, Mr. THOMPSON of H.R. 1227: Ms. ROS-LEHTINEN. Refuge, Honolulu County, Hawaii; to the California, Ms. WATSON, Ms. WATERS, H.R. 1248: Mr. CULBERSON. Committee on Resources. Mr. WAXMAN, and Ms. WOOLSEY): H.R. 1323: Mr. ISRAEL.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12241

H.R. 1366: Mr. GORDON. H. Con. Res. 11: Mr. HERGER. H.R. 2862 H.R. 1371: Mr. GORDON. H. Con. Res. 12: Mr. HERGER. OFFERED BY: MR. ISSA H.R. 1376: Mr. EMANUEL. H. Con. Res. 106: Mr. PLATTS. H. Con. Res. 107: Mrs. MALONEY. AMENDMENT NO. 5: Page 2, line 7, insert H.R. 1383: Mr. CASE. ‘‘(reduced by $5,000,000)’’ after the dollar ´ H. Con. Res. 133: Mr. SABO, Ms. MCCOLLUM H.R. 1424: Ms. LINDA T. SANCHEZ of Cali- amount. fornia. of Minnesota, and Ms. SCHAKOWSKY. H. Con. Res. 137: Mr. FILNER. Page 6, line 12, insert ‘‘(increased by H.R. 1526: Mr. SABO, Mr. COSTELLO, and Mr. H. Con. Res. 140: Mr. MACK and Mr. WILSON $5,000,000)’’ after the dollar amount. DOGGETT. of South Carolina. H.R. 2862 H.R. 1547: Mr. SCHWARZ of Michigan and H. Con. Res. 160: Mr. SCOTT of Georgia, Ms. OFFERED BY: MRS. MALONEY Mr. ETHERIDGE. WATSON, Mr. PAUL, Mr. BISHOP of Georgia, H.R. 1554: Ms. HERSETH. Mr. PASCRELL, Mr. MORAN of Virginia, Mr. AMENDMENT NO. 6: At the end of the bill H.R. 1575: Mr. DEAL of Georgia. KUCINICH, Mr. FORD, Mr. GEORGE MILLER of (before the short title), insert the following: H.R. 1585: Mr. DAVIS of Florida. California, Ms. MCCOLLUM of Minnesota, Mr. TITLE VIII—ADDITIONAL GENERAL H.R. 1600: Mr. HOLDEN. SERRANO, Ms. WATERS, and Ms. JACKSON-LEE PROVISIONS H.R. 1649: Mr. PASCRELL. of Texas. SEC. 801. None of the funds made available H.R. 1652: Mr. MICHAUD. H. Con. Res. 164: Mr. NEAL of Massachu- in this Act may be used to enforce any provi- H.R. 1689: Mr. PORTER. setts and Mr. KUCINICH. sion of law that prohibits or restricts fund- H. Res. 85: Mrs. MALONEY. H.R. 1704: Mr. NORWOOD. ing for the United Nations Population Fund H. Res. 286: Ms. BORDALLO, Mr. ACKERMAN, H.R. 1765: Mr. HINCHEY. (UNFPA). H.R. 1823: Mr. MORAN of Virginia. Mr. CUMMINGS, Mr. GRIJALVA, and Mr. H.R. 2862 H.R. 1849: Mr. ROTHMAN, Mr. RUPPERS- MCDERMOTT. BERGER, and Mr. BARROW. H. Res. 294: Mr. BAKER, Mr. MCCRERY, Mr. OFFERED BY: MRS. MCCARTHY H.R. 1872: Mr. SESSIONS. MELANCON, Mr. JINDAL, Mr. ALEXANDER, and AMENDMENT NO. 7: In section 614 (relating H.R. 1951: Mr. SIMMONS, Mr. BILIRAKIS, Mr. Mr. JEFFERSON. to the national instant criminal background H. Res. 299: Ms. SCHAKOWSKY. MILLER of Florida, and Mrs. CHRISTENSEN. check system for persons purchasing a fire- H.R. 1973: Mr. STARK, Ms. MCCOLLUM of f arm), strike ‘‘24 hours’’ and insert ‘‘72 Minnesota, and Mr. LIPINSKI. AMENDMENTS hours’’. H.R. 2068: Mr. BOOZMAN, Mr. ANDREWS, and H.R. 2862 Mr. MCCAUL of Texas. Under clause 8 of rule XVIII, pro- OFFERED BY: MR. MORAN OF VIRGINIA H.R. 2122: Mr. OLVER. posed amendments were submitted as AMENDMENT NO. 8: At the end of the bill H.R. 2211: Mr. DOYLE. follows: (before the short title), insert the following: H.R. 2317: Mr. CAMP, Mr. ROHRABACHER, and H.R. 2862 TITLE VIII—ADDITIONAL GENERAL Mr. GEORGE MILLER of California. OFFERED BY: MR. CHOCOLA H.R. 2349: Ms. SCHAKOWSKY. PROVISIONS AMENDMENT NO. 1: Page 108, after line 7, in- H.R. 2355: Mr. MARCHANT and Mr. WHIT- LIMITATION ON USE OF FUNDS TO LICENSE sert the following: FIELD. EXPORT OF CENTERFIRE 50 CALIBER RIFLES TITLE VIII—ADDITIONAL GENERAL H.R. 2363: Mr. WILSON of South Carolina, PROVISIONS SEC. 801. None of the funds made available Mr. COSTA, and Mr. DEAL of Georgia. in this Act may be used to pay administra- SEC. 801. None of the funds made available H.R. 2423: Mr. GIBBONS, Mr. SHAYS, and tive expenses or compensate an officer or by this Act may be used by the National Aer- Mrs. MYRICK. employee of the United States in connection onautics and Space Administration to em- H.R. 2427: Ms. SCHAKOWSKY and Mrs. CAPPS. with licensing the export of a nonautomatic ploy any individual under the title ‘‘artist in H.R. 2458: Mr. FEENEY. or semiautomatic rifle capable of firing a residence’’. H.R. 2517: Mr. BISHOP of Georgia, Mr. NAD- center-fire cartridge in 50 caliber, .50 BMG LER, Mr. PAYNE, Mr. ACKERMAN, Mr. SAND- H.R. 2862 caliber, any other variant of 50 caliber, or ERS, Mr. FOLEY, Mr. FARR, Ms. WOOLSEY, Mr. OFFERED BY: MR. CLEAVER any metric equivalent of such calibers. DAVIS of Illinois, Mr. ENGEL, and Mr. RAN- AMENDMENT NO. 2: Page 108, after line 7, in- H.R. 2862 GEL. sert the following: OFFERED BY: MR. NADLER H.R. 2526: Mr. MCHUGH and Mr. KENNEDY of TITLE VIII—ADDITIONAL GENERAL Rhode Island. PROVISIONS AMENDMENT NO. 9: Page 108, after line 7, in- H.R. 2533: Mr. GORDON, Mr. GUTIERREZ, Ms. sert the following: SEC. 801. None of the funds made available SCHAKOWSKY, Mr. BOREN, and Mr. ENGEL. by this Act may be used to process or ap- TITLE VIII—ADDITIONAL GENERAL H.R. 2562: Mr. PALLONE, Ms. KAPTUR, Mr. prove a competition under Office of Manage- PROVISIONS ALLEN, and Ms. SCHAKOWSKY. ment and Budget Circular A–76 for services SECTION 801. None of the funds made avail- H.R. 2567: Mr. MORAN of Virginia, Mr. CASE, provided by the National Logistics Support able in this Act may be used to issue a na- Mr. NADLER, Mr. GEORGE MILLER of Cali- Center of the National Oceanic and Atmos- tional security letter, for health insurance fornia, Mr. DICKS, and Mr. ABERCROMBIE. pheric Administration in Kansas City, Mis- records, under any of the provisions of law H.R. 2592: Mr. OWENS, Ms. CARSON, Ms. souri. amended by section 505 of the Uniting and WATERS, Mr. GONZALEZ, Mr. BERMAN, Mr. H.R. 2862 Strengthening America by Providing Appro- MEEHAN, Ms. ZOE LOFGREN of California, Ms. OFFERED BY: MR. DREIER priate Tools Required to Intercept and Ob- JACKSON-LEE of Texas, and Mr. DAVIS of struct Terrorism (USA PATRIOT ACT) Act AMENDMENT NO. 3: Page 22, line 21, after Florida. of 2001. H.R. 2646: Mr. PLATTS. the dollar amount, insert the following: ‘‘(in- H.R. 2862 H.R. 2648: Mr. DOOLITTLE and Mr. SIMMONS. creased by $50,000,000)’’. H.R. 2650: Ms. JACKSON-LEE of Texas and Page 23, line 19, after the dollar amount, OFFERED BY: MR. PAUL Mr. MCHUGH. insert the following: ‘‘(increased by AMENDMENT NO. 10: Page 108, after line 7, H.R. 2730: Mr. MARSHALL. $50,000,000)’’. insert the following: Page 45, line 25, after the dollar amount, H.R. 2746: Mr. SCOTT of Georgia, Mr. PAL- insert the following: ‘‘(reduced by TITLE VIII—ADDITIONAL GENERAL LONE, and Mr. MCNULTY. $50,000,000)’’. PROVISIONS H.R. 2747: Mr. EVANS and Mr. OWENS. Page 46, line 10, after the dollar amount, SEC. 801. None of the funds made available H.R. 2811: Ms. SCHAKOWSKY and Mr. KUCI- insert the following: ‘‘(reduced by in this Act may be used by the United Na- NICH. $50,000,000)’’. tions to develop or publicize any proposal H.R. 2828: Mr. CROWLEY, Mr. NADLER, and Page 46, line 11, after the dollar amount, concerning taxation or fees on any United Mr. KIND. insert the following: ‘‘(reduced by States person in order to raise revenue for H.R. 2835: Ms. PELOSI, Mr. BISHOP of Geor- $50,000,000)’’. the United Nations or any of its specialized gia, Mr. STARK, and Mr. CLYBURN. H.R. 2862 or affiliated agencies. None of the funds H.J. Res. 10: Mr. SAM JOHNSON of Texas, OFFERED BY: MR. HEFLEY made available in this Act may be used by Mr. CANTOR, Mr. BACA, Mr. BOEHNER, Mr. the United Nations to implement or impose BRADY of Texas, Mr. ROGERS of Kentucky, AMENDMENT NO. 4: At the end of the bill (before the short title), insert the following: any such taxation or fee on any United Mr. SCOTT of Georgia, Mr. RYUN of Kansas, States person. Mr. JONES of North Carolina, Mr. LOBIONDO, TITLE VIII—ADDITIONAL GENERAL H.R. 2862 Mr. STRICKLAND, Mr. BEAUPREZ, Mrs. BLACK- PROVISIONS BURN, Mr. FOSSELLA, Mrs. WILSON of New SEC. 801. Appropriations made in this Act OFFERED BY: MR. PAUL Mexico, Mr. WELDON of Pennsylvania, Mr. are hereby reduced in the amount of AMENDMENT NO. 11: Page 108, after line 7, GUTKNECHT, and Ms. HART. $570,000,000. insert the following:

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12242 CONGRESSIONAL RECORD—HOUSE June 13, 2005 TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL Page 10, line 15, after the first dollar PROVISIONS PROVISIONS amount, insert the following: ‘‘(reduced by SEC. 801. None of the funds made available SEC. 801. None of the funds made available $25,720,271)’’. in this Act may be used to pay any United in this Act may be used for the design, con- Page 11, line 15, after the dollar amount, States contribution to the United Nations or struction, or rental of any new headquarters insert the following: ‘‘(reduced by $90,070)’’. any affiliated agency of the United Nations. for the United Nations in New York City or Page 12, line 3, after the dollar amount, in- any other location in the United States. sert the following: ‘‘(reduced by $7,643,655)’’. H.R. 2862 Page 13, line 1, after the dollar amount, in- OFFERED BY: MR. REICHERT H.R. 2862 sert the following: ‘‘(reduced by $4,137,786)’’. AMENDMENT NO. 12: Page 10, line 15, after OFFERED BY: MR. TANCREDO Page 16, line 10, after the dollar amount, the first dollar amount, insert the following: AMENDMENT NO. 18: Page 108, after line 7, insert the following: ‘‘(reduced by ‘‘(reduced by $50,000,000)’’. insert the following: $21,932,508)’’. Page 12, line 3, after the dollar amount, in- TITLE VIII—ADDITIONAL PROVISIONS Page 17, line 25, after the dollar amount, sert the following: ‘‘(reduced by $11,683,000)’’. insert the following: ‘‘(reduced by $314,102)’’. SEC. 801. None of the funds appropriated or Page 18, line 17, after the dollar amount, Page 26, line 25, after the dollar amount, otherwise made available in this Act may be insert the following: ‘‘(increased by insert the following: ‘‘(reduced by $15,075)’’. used to include in any bilateral or multilat- Page 19, line 19, after the dollar amount, $78,289,000)’’. eral trade agreement any provision that Page 71, line 22, after the dollar amount, insert the following: ‘‘(reduced by would— $1,735,987)’’. insert the following: ‘‘(reduced by (1) increase any limitation on the number $16,606,000)’’. Page 22, line 12, after the dollar amount, of aliens authorized to enter the United insert the following: ‘‘(reduced by H.R. 2862 States as a nonimmigrant, or to adjust to $1,019,048)’’. OFFERED BY: MS. LINDA T. SA´ NCHEZ OF such status; or Page 22, line 21, after the dollar amount, CALIFORNIA (2) increase any limitation on the number insert the following: ‘‘(reduced by of aliens authorized to enter the United AMENDMENT NO. 13: In title II, in the item $4,485,806)’’. States as an alien lawfully admitted for per- relating to ‘‘NATIONAL OCEANIC AND ATMOS- Page 22, line 21, after the dollar amount, manent residence, or to adjust to such sta- PHERIC ADMINISTRATION—OPERATIONS, RE- insert the following: ‘‘(increased by tus. SEARCH, AND FACILITIES’’, after the aggregate $285,758,856)’’. dollar amount, insert the following: ‘‘(re- H.R. 2862 Page 23, line 1, after the dollar amount, induced by $4,455,000)’’. OFFERED BY: MR. TANCREDO sert the following: ‘‘(increased by $285,758,856)’’. In title V, in the item relating to ‘‘SMALL AMENDMENT NO. 19: At the end of the bill, Page 25, line 22, after the dollar amount, BUSINESS ADMINISTRATION—SALARIES AND EX- insert after the last section (preceding the PENSES’’, after the aggregate dollar amount, insert the following: ‘‘(reduced by $224,000)’’. short title), the following: Page 26, line 25, after the dollar amount, insert the following: ‘‘(increased by TITLE VIII—ADDITIONAL GENERAL $4,000,000)’’. insert the following: ‘‘(reduced by PROVISIONS $2,329,855)’’. In title V, in the item relating to ‘‘SMALL SEC. l. None of the funds made available Page 28, line 22, after the dollar amount, BUSINESS ADMINISTRATION—BUSINESS LOANS in this Act for the State Criminal Alien As- insert the following: ‘‘(reduced by PROGRAM ACCOUNT’’, after the first dollar $1,495,030)’’. amount, insert the following: ‘‘(increased by sistance Program under the heading ‘‘DE- Page 30, line 22, after the dollar amount, $455,000)’’. PARTMENT OF JUSTICE—OFFICE OF JUS- TICE PROGRAMS—STATE AND LOCAL insert the following: ‘‘(reduced by $21,880)’’. H.R. 2862 LAW ENFORCEMENT ASSISTANCE’’ may Page 30, line 24, after the dollar amount, OFFERED BY: MR. SANDERS be used in contravention of section 642(a) of insert the following: ‘‘(reduced by $18,207)’’. Page 34, line 22, after the dollar amount, AMENDMENT NO. 14: At the end of the bill the Illegal Immigration Reform and Immi- (before the short title), insert the following: gration Responsibility Act of 1996 (8 U.S.C. insert the following: ‘‘(reduced by $200,610)’’. Page 35, line 10, after the dollar amount, SEC. ll. None of the funds made available 1373). in this Act to the Federal Communications insert the following: ‘‘(reduced by $281,129)’’. H.R. 2862 Page 36, line 11, after the first dollar Commission may be used to impose a for- OFFERED BY: MR. TERRY amount, insert the following: ‘‘(reduced by feiture penalty under section 503 of the Com- AMENDMENT NO. 20: Page 2, line 7, after the $1,823,024)’’. munications Act of 1934 (47 U.S.C. 503) for a dollar amount, insert the following: ‘‘(re- Page 38, line 1, after the dollar amount, in- violation of section 1464 of title 18, United duced by $568,763)’’. sert the following: ‘‘(reduced by $344,960)’’. States Code, or 47 CFR 73.3999, with respect Page 3, line 1, after the dollar amount, in- Page 38, line 21, after the dollar amount, to any indecent utterance on any medium sert the following: ‘‘(reduced by $604,800)’’. insert the following: ‘‘(reduced by $900,413)’’. other than a radio or television broadcasting Page 3, line 8, after the dollar amount, in- Page 38, line 25, after the dollar amount, station. sert the following: ‘‘(reduced by $492,800)’’. insert the following: ‘‘(reduced by $119,096)’’. H.R. 2862 Page 3, line 18, after the dollar amount, in- Page 39, line 10, after the dollar amount, OFFERED BY: MR. SANDERS sert the following: ‘‘(reduced by $966,269)’’. insert the following: ‘‘(reduced by $134,508)’’. Page 3, line 21, after the dollar amount, in- Page 39, line 16, after the dollar amount, AMENDMENT NO. 15: At the end of the bill insert the following: ‘‘(reduced by $359,762)’’. (before the short title), insert the following sert the following: ‘‘(reduced by $5,474,560)’’. Page 4, line 7, after the first dollar Page 39, line 22, after the dollar amount, new title: amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $931,970)’’. TITLE VIII—ADDITIONAL GENERAL $299,268)’’. Page 39, line 25, after the dollar amount, PROVISIONS Page 4, line 12, after the dollar amount, in- insert the following: ‘‘(reduced by SEC. 801. None of the funds made available sert the following: ‘‘(reduced by $50,176)’’. $2,076,910)’’. in this Act may be used to make an applica- Page 4, line 21, after the dollar amount, in- Page 40, line 9, after the dollar amount, in- tion under section 501 of the Foreign Intel- sert the following: ‘‘(reduced by $2,982,878)’’. sert the following: ‘‘(reduced by $719,542)’’. ligence Surveillance Act of 1978 (50 U.S.C. Page 5, line 17, after the dollar amount, in- Page 41, line 8, after the dollar amount, in- 1861) for an order requiring the production of sert the following: ‘‘(reduced by $28,372)’’. sert the following: ‘‘(reduced by $79,368)’’. library circulation records, library patron Page 5, line 21, after the dollar amount, in- Page 42, line 5, after the dollar amount, in- lists, book sales records, or book customer sert the following: ‘‘(reduced by $647,140)’’. sert the following: ‘‘(reduced by $8,960)’’. lists. Page 6, line 12, after the dollar amount, in- Page 42, line 14, after the dollar amount, sert the following: ‘‘(reduced by $7,285,134)’’. insert the following: ‘‘(reduced by H.R. 2862 Page 6, line 25, after the dollar amount, in- $7,630,784)’’. OFFERED BY: MR. STEARNS sert the following: ‘‘(reduced by $960,521)’’. Page 44, line 21, after the dollar amount, AMENDMENT NO. 16: Page 22, line 12, after Page 7, line 17, after the dollar amount, in- insert the following: ‘‘(reduced by $28,941)’’. the dollar amount, insert the following: ‘‘(insert the following: ‘‘(reduced by $5,466)’’. Page 44, line 25, after the dollar amount, creased by $10,000,000)’’. Page 7, line 21, after the dollar amount, in- insert the following: ‘‘(reduced by Page 81, line 19, after both dollar amounts, sert the following: ‘‘(reduced by $3,585,142)’’. $1,781,893)’’. insert the following: ‘‘(reduced by Page 8, line 26, after the dollar amount, in- Page 45, line 6, after the dollar amount, in- $10,000,000)’’. sert the following: ‘‘(reduced by $43,272)’’. sert the following: ‘‘(reduced by $474,880)’’. Page 8, line 16, after the dollar amount, in- Page 45, line 14, after the dollar amount, H.R. 2862 sert the following: ‘‘(reduced by $96,177)’’. insert the following: ‘‘(reduced by $201,600)’’. OFFERED BY: MR. STEARNS Page 10, line 1, after the first dollar Page 45, line 25, after the dollar amount, AMENDMENT NO. 17: At the end of the bill, amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by add the following title: $2,271,091.)’’. $10,949,120)’’.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—HOUSE 12243 Page 47, line 15, after the dollar amount, Page 64, line 25, after the dollar amount, Page 81, line 14, after the dollar amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $3,190)’’. insert the following: ‘‘(reduced by $4,480)’’. $4,193,280)’’. Page 65, line 4, after the dollar amount, in- Page 81, line 19, after the first dollar Page 48, line 14, after the dollar amount, sert the following: ‘‘(reduced by $2,719)’’. amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $224,000)’’. Page 65, line 9, after the dollar amount, in- $1,481,997)’’. Page 50, line 7, after the dollar amount, insert the following: ‘‘(reduced by $88,484)’’. Page 82, line 17, after the dollar amount, sert the following: ‘‘(reduced by $212,648)’’. Page 65, line 13, after the dollar amount, insert the following: ‘‘(reduced by $8,355)’’. Page 50, line 13, after the dollar amount, insert the following: ‘‘(reduced by $590,016)’’. Page 82, line 25, after the dollar amount, insert the following: ‘‘(reduced by $101,956)’’. Page 65, line 20, after the dollar amount, insert the following: ‘‘(reduced by Page 53, line 2, after the dollar amount, in- insert the following: ‘‘(reduced by $3,978,764)’’. sert the following: ‘‘(reduced by $24,927)’’. $5,224,630)’’. Page 84, line 18, after the dollar amount, Page 53, line 24, after the dollar amount, Page 66, line 26, after the dollar amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $1,424,770)’’. $43,571,360)’’. $4,639,040)’’. Page 85, line 10, after the dollar amount, Page 55, line 5, after the dollar amount, in- Page 68, line 26, after the dollar amount, insert the following: ‘‘(reduced by $60,480)’’. sert the following: ‘‘(reduced by $30,073,792)’’. insert the following: ‘‘(reduced by $120,960)’’. Page 55, line 20, after the dollar amount, Page 69, line 3, after the dollar amount, in- Page 85, line 14, after the dollar amount, insert the following: ‘‘(reduced by $145,152)’’. sert the following: ‘‘(reduced by $23,744)’’. insert the following: ‘‘(reduced by $12,817)’’. Page 57, line 9, after the dollar amount, in- Page 69, line 12, after the dollar amount, Page 85, line 17, after the dollar amount, sert the following: ‘‘(reduced by $19,611,290)’’. insert the following: ‘‘(reduced by $42,560)’’. insert the following: ‘‘(reduced by $4,480)’’. Page 58, line 13, after the dollar amount, Page 69, line 18, after the dollar amount, Page 86, line 11, after the dollar amount, insert the following: ‘‘(reduced by $866,208)’’. insert the following: ‘‘(reduced by $98,560)’’. insert the following: ‘‘(reduced by $559,825)’’. Page 58, line 22, after the dollar amount, Page 69, line 25, after the dollar amount, Page 86, line 16, after the dollar amount, insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $44,800)’’. insert the following: ‘‘(reduced by $356,330)’’. $3,615,360)’’. Page 71, line 4, after the dollar amount, in- Page 59, line 7, after the dollar amount, in- Page 86, line 22, after the dollar amount, sert the following: ‘‘(reduced by $26,880)’’. sert the following: ‘‘(reduced by $1,120,000)’’. insert the following: ‘‘(reduced by $222,728)’’. Page 59, line 20, after the dollar amount, Page 71, line 11, after the dollar amount, Page 88, line 5, after the dollar amount, in- insert the following: ‘‘(reduced by $17,920)’’. insert the following: ‘‘(reduced by $224,000)’’. sert the following: ‘‘(reduced by $8,960)’’. Page 60, line 1, after the dollar amount, in- Page 71, line 22, after the dollar amount, Page 88, line 12, after the dollar amount, sert the following: ‘‘(reduced by $51,520)’’. insert the following: ‘‘(reduced by insert the following: ‘‘(reduced by $17,920)’’. Page 60, line 23, after the dollar amount, $2,777,600)’’. Page 88, line 19, after the dollar amount, insert the following: ‘‘(reduced by Page 72, line 16, after the dollar amount, insert the following: ‘‘(reduced by $102,368)’’. insert the following: ‘‘(reduced by $48,801)’’. $16,787,089)’’. H.R. 2862 Page 62, line 19, after the dollar amount, Page 76, line 6, after the dollar amount, in- insert the following: ‘‘(reduced by sert the following: ‘‘(reduced by $5,251)’’. OFFERED BY: MR. HOSTETTLER $3,089,063)’’. Page 76, line 11, after the dollar amount, AMENDMENT NO. 21: Page 108, after line 7, Page 62, line 22, after the dollar amount, insert the following: ‘‘(reduced by $2,236)’’. insert the following: Page 76, line 17, after the dollar amount, insert the following: ‘‘(reduced by $574,618)’’. TITLE VIII—MISCELLANEOUS Page 63, line 3, after the dollar amount, in- insert the following: ‘‘(reduced by $40,750)’’. sert the following: ‘‘(reduced by $134,324)’’. Page 77, line 6, after the dollar amount, in- SEC. 801. None of the funds appropriated in Page 63, line 8, after the dollar amount, insert the following: ‘‘(reduced by $14,336)’’. this Act may be used to enforce the judg- sert the following: ‘‘(reduced by $1,838,592)’’. Page 77, line 13, after the dollar amount, ment of the United States District Court for Page 63, line 17, after the dollar amount, insert the following: ‘‘(reduced by $9,094)’’. the Southern District of Indiana in the case insert the following: ‘‘(reduced by $37,099)’’. Page 77, line 20, after the first dollar of Russelburg v. Gibson County, decided Jan- Page 63, line 21, after the dollar amount, amount, insert the following: ‘‘(reduced by uary 31, 2005. insert the following: ‘‘(reduced by $42,067)’’. $8,512)’’. H.R. 2863 Page 64, line 5, after the dollar amount, in- Page 78, line 15, after the dollar amount, sert the following: ‘‘(reduced by $2,703,725)’’. insert the following: ‘‘(reduced by OFFERED BY: MR. MANZULLO Page 64, line 14, after the dollar amount, $1,483,901)’’. AMENDMENT NO. 1: In section 8014(a) strike insert the following: ‘‘(reduced by Page 79, line 9, after the dollar amount, in- ‘‘; and’’ at the end of paragraph (2)(B) and all $4,077,696)’’. sert the following: ‘‘(reduced by $1,298,174)’’. that follows through ‘‘health benefits for ci- Page 64, line 19, after the dollar amount, Page 80, line 8, after the dollar amount, in- vilian employees under chapter 89 of title 5, insert the following: ‘‘(reduced by $44,800)’’. sert the following: ‘‘(reduced by $945,280)’’. United States Code.’’ and insert a period.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12244 CONGRESSIONAL RECORD—SENATE June 13, 2005 SENATE—Monday, June 13, 2005

The Senate met at 2 p.m. and was U.S. SENATE, Mr. FRIST. Mr. President, let’s pro- called to order by the Honorable RICH- PRESIDENT PRO TEMPORE, ceed with the Democratic leader, and I ARD BURR, a Senator from the State of Washington, DC, June 13, 2005. will follow with my statement. To the Senate: Mr. REID. I appreciate the courtesy North Carolina. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby of the distinguished majority leader. I PRAYER appoint the Honorable RICHARD BURR, a Sen- do have something to do, so I appre- The Chaplain, Dr. Barry C. Black, of- ator from the State of North Carolina, to ciate that. fered the following prayer: perform the duties of the Chair. f Let us pray. TED STEVENS, President pro tempore. TRIBUTE TO FORMER SENATOR Eternal spirit, You have made of one JAMES EXON blood all the people of the Earth. You Mr. BURR thereupon assumed the Chair as Acting President pro tempore. Mr. REID. Mr. President, I am ter- are the God of our weary years and si- ribly saddened by the death of Jim lent tears. f Exon. Those of us who had the oppor- Lord, American history contains tri- RECOGNITION OF THE MAJORITY tunity to serve with him are so trou- umphant and tragic chapters. We read LEADER bled by his death. He was an out- about freedom, justice, liberty, and The ACTING PRESIDENT pro tem- standing Senator. He was fair. He equality, but also about slavery, injus- pore. The majority leader is recog- worked on both sides of the aisle. He tice, violence, and racism. Thank You nized. protected the State of Nebraska and for the seasons in a nation’s life that f our country so well. enable it to admit mistakes and seek I have so many fond memories of SCHEDULE to right wrongs. him. His enthusiasm for the work he Forgive the negligence and passivity Mr. FRIST. Mr. President, today the did here was contagious. His sense of of our lawmakers that nurtured thou- Senate will debate Executive Calendar humor was wonderful. Jim Exon loved sands of documented and undocu- No. 66, the nomination of Thomas Grif- Nebraska football. He cared about a lot mented American lynchings. Forgive fith to be a circuit judge for the DC of issues, but other than his family, the failure to act that permitted more Circuit. The vote on confirmation will Nebraska football came first. He is than 99 percent of the perpetrators of be at 10 a.m. tomorrow. I am pleased going to be buried in Lincoln, NE, on these sins to escape punishment. we will be able to have a vote on this this Wednesday. He died, I believe it nomination, the sixth circuit court In these challenging days, help our was Friday night. BEN NELSON called Senators to remember that all that is judge to be confirmed in the last cou- me Saturday morning. Jim Exon was ple of weeks. necessary for evil to thrive is for good certainly a mentor of BEN NELSON. We Following the debate on the Griffith people to do nothing. Transform our will all miss him very much. contrition into service that will today nomination, the Senate will then de- I hope those who have some knowl- bate S. Res. 39, the antilynching reso- bring liberty to captives, sight to the edge of Senator Exon will recognize we lution, under a 3-hour time agreement. blind, and comfort to the bruised. hope to take an airplane trip to Ne- As was announced last week, there will Bless the descendants of those who braska Wednesday afternoon to attend be a voice vote on the adoption of the were lynched. Remind them that You his funeral. He was a wonderful man. I resolution. We will have no recorded can transform dark yesterdays into miss him so much. bright tomorrows and make the crook- votes during today’s session. Tomorrow, following the vote on the Mr. President, again, I extend my ap- ed places straight. Give them the wis- Griffith nomination, the Senate will preciation to the majority leader in al- dom to see that in everything, You are proceed to consideration of H.R. 6, the lowing me to go before him this after- working for the good of those who love Energy bill. Chairman DOMENICI will be noon. You. on the Senate floor ready to start the The ACTING PRESIDENT pro tem- Lord, empower all of us to continue amendment process tomorrow morn- pore. The majority leader. to strive for right, until justice rolls ing. I encourage Senators to work with f down like waters and righteousness the bill managers so we can make sig- AFRICA like a mighty stream. Amen. nificant progress on that important Mr. FRIST. Mr. President, this morn- bill this week. f ing, President Bush, accompanied by As a reminder, there will be no votes the Presidents of five African States— PLEDGE OF ALLEGIANCE this Friday, June 17, to accommodate the Democratic retreat. Botswana, Ghana, Niger, Mozambique, The Honorable RICHARD BURR led the With that, Mr. President, I am going and Namibia—announced the African Pledge of Allegiance, as follows: to turn to the Democratic leader, and Growth and Opportunity Act forum I pledge allegiance to the Flag of the then I will have a longer opening state- that will be held in July of this year in United States of America, and to the Repub- ment following his remarks. Senegal. lic for which it stands, one nation under God, At that joint meeting and announce- f indivisible, with liberty and justice for all. ment of the Senegal meeting, I had the RECOGNITION OF THE MINORITY opportunity to sit down and talk with f LEADER each of these African leaders, the The ACTING PRESIDENT pro tem- Presidents of their respective coun- APPOINTMENT OF ACTING tries, about the particular challenges PRESIDENT PRO TEMPORE pore. The minority leader is recognized. their countries face and how the The PRESIDING OFFICER. The f United States of America, working in clerk will please read a communication partnership with them, can help. to the Senate from the President pro ORDER OF BUSINESS We discussed our continuing efforts tempore (Mr. STEVENS). Mr. REID. Mr. President, I have a to help the nations of Africa fight dis- The assistant legislative clerk read statement of a few minutes. Does the ease and hunger and to develop sound, the following letter: Senator want me to do that now? healthy, and accountable governance.

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

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12245 In our conversations, I underscored Instead of seeing only problems and our U.S. Congress, to combat what I the need for continued political reform, obstacles, we seek solutions. Instead of believe is the greatest moral, humani- for economic development, for invest- offering a Band-Aid, we offered smart tarian, and public health challenge of ment in human capital, especially as aid. We as a country have much to be our times. I am also participating in an we combat an issue the President proud of in terms of our contributions. effort to help expand health care and talked a lot about earlier in the press One only need to look at the statistics. spread goodwill through that health announcement, and that is the tyranny So far this fiscal year, the United care across the globe. I believe—and I of HIV/AIDS. We also discussed the States has provided the continent of have had that little window to be able President’s plan to offer additional Africa with $1.4 billion in humani- to see directly—that through the good emergency aid to Africa at the upcom- tarian relief. President Bush has tri- works of many talented women and ing G8 summit in July. This money is pled America’s contributions. men of compassion medicine can be not in addition to the $674 million the Today, nearly a quarter of every aid only an instrument of health but by President announced last week during dollar to Africa comes from America, the delivery of that medicine and by Prime Minister Tony Blair’s visit to up from just 10 percent 4 short years the delivery of that public health care Washington. ago. Yes, we really for the first time can be a true currency for peace. Needless to say, the African Presi- demand accountability from these in- I have seen that real tangible inter- dents were overwhelmed by these ini- vestments. These aid dollars today are vention can help bridge the gaps and tiatives. They were impressed by the tied to economic and political reforms. misunderstandings that so often divide leadership of Prime Minister Blair and Our goal is to help these countries root people, that can divide societies. We President Bush and by the generosity out corruption, to address human see that phenomenon in Afghanistan of the American people. rights, to protect human rights, to pro- and Iraq and we saw it in Southeast Meanwhile, on Saturday, in what mote the rule of law, and to build a Asia in the aftermath of the terrible Treasury Secretary John Snow called stable, civil society, one that can meet tsunami tragedy. Countless health care an achievement of historic proportions, the needs and demands of a growing professionals from all over the world, the G8, led by the United States and and modern society. both volunteers and government work- the United Kingdom, agreed to cancel Meanwhile, the African Growth and ers, rushed to that devastated region to more than $40 billion in debt owed by Opportunity Acceleration Act, also offer assistance. Private companies, 18 of the world’s poorest countries, in- know known as AGOA, is already dem- corporations, and nongovernment orga- cluding 14 African nations. onstrating its poverty fighting power. nizations offered services and supplies. Two hundred and eighty million Afri- Last year, the Senate passed and the The outpouring of support from all can citizens will no longer labor under President signed the African Growth over the world, led in many ways by massive debtloads that have been crip- and Opportunity Acceleration Act. As American efforts, was truly an extraor- pling their ability to grow and prosper. a result, U.S. exports to sub-Saharan dinary event, a moving testament to This agreement wipes the slate clean. Africa have increased by 25 percent and our shared humanity. That is why in Their governments will see a combined America’s imports from these partici- April I introduced the Global Health savings of an estimated $1.5 billion a pating countries are up 88 percent. Eco- Corps Act of 2005. America possesses a year. As we discussed this morning, nomic growth in sub-Saharan Africa is vast reservoir of talent, skills, knowl- their challenge now is to invest those at an 8-year high. edge, and compassion that can both savings wisely and effectively. Our goal is to break with the old ap- help heal but also promote health, both If this money is used wisely, the peo- proaches of the past where success was literally and figuratively, promoting ple of these countries will see better measured in dollars. Instead, we want our global ties. This is just one of the education, cleaner water, less disease, real, measurable results, proof that the many efforts we are making to help and live better and more productive African people are benefiting from our promote peace and well-being on the lives. Countries such as Rwanda, Ugan- efforts. And they are coming. I applaud African Continent. We are also reach- da, Zambia, Mozambique—all will be the President for his strong and prin- ing out directly to individual countries better able to focus their resources on cipled leadership. He understands that to help them tackle their most press- economic development, education, Africa can be and is a place of great ing problems. health, infrastructure, and all the fun- hope and opportunity. He sees both the Today, I also had the opportunity to damentals that we know help to build practical and the moral dimensions of speak with the President of Namibia. prosperity. America’s leadership. Namibia is one of Africa’s greatest suc- They will be able to once and for all Every human being needs and de- cess stories. We were just there on a break the loan-debt-forgiveness cycle serves the fundamentals of life: food, congressional delegation about 2 years that has undermined their ability to shelter, water, safety. Countries that ago. grow and to invest. fail in any of these basic functions be- Just 15 years after attaining its inde- Saturday’s agreement will help many come dangerous places for their citi- pendence from apartheid-led South Af- of Africa’s poorest countries get on zens and potential threats to America’s rica, Namibia has emerged as a their feet and make meaningful strides security. It is in our mutual interest to multiparty, multiracial democracy toward the future. promote peace and stability on the Af- with a stable market-based economy. President Bush and the Republican- rican Continent. Like many African countries, the led Congress have been steadfast sup- As a physician, I have had the oppor- greatest threat to Namibia’s develop- porters of Africa’s development. I per- tunity to travel extensively through- ment and continued success is the sonally have had the opportunity to out the continent. I have had the op- spread of the virus of HIV/AIDS. Na- visit the continent of Africa on eight portunity to perform surgery and oper- mibia is one of the countries most ad- separate occasions, both as majority ate in the oldest medical school on versely affected by HIV/AIDS. Already, leader and as part of medical mission that continent in Uganda. I have had 22 percent of sexually active adults in work on that wonderful continent. We the opportunity to treat patients for Namibia are infected by HIV. AIDS ac- have consistently championed efforts war injuries, injuries from a civil war counts for half of the deaths among in- to promote accountability, good gov- in southern Sudan, to treat patients dividuals between the ages of 15 and 19 ernance, political reform, and eco- with HIV/AIDS. in Namibia and for 75 percent of all nomic growth. Overcoming the prob- From that perspective, I was so hospitalizations in public facilities. lems that afflict the continent is tough proud when the President today was The continued spread of this disease work, it is difficult work, it is chal- talking at the press conference with will have a devastating impact on the lenging work, but we are committed to the Presidents of those countries about Namibian people and their efforts to helping Africa realize its rich poten- his HIV/AIDS initiative: $15 billion build on their already remarkable tial. committed by the United States, by achievements. For this reason, it is

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12246 CONGRESSIONAL RECORD—SENATE June 13, 2005 critical to continue to fund the Presi- Committee on Finance as the Government full and long life. On behalf of the Sen- dent’s emergency plan for AIDS relief, Documents Clerk and Librarian from Nine- ate family, I recognize the contribu- or PEPFAR, to assist Namibia in their teen Hundred Thirty-Seven through Nine- tions of Jesse Nichols to this venerable battle against this terrible disease. teen Hundred Seventy-One; and body. We are sincerely grateful for his PEPFAR funding for Namibia has in- Whereas, Jesse R. Nichols, Sr., was born on June 14, 1909, in Clarksdale, Mississippi, and service and dedication. creased from $23 million in 2004 to an was the first African American Clerk em- I yield the floor. estimated $36 million in 2005. The ad- ployed by the United States Senate; and Mr. BAUCUS. Mr. President, today I ministration has requested $49 million Whereas, he carried out his duties in exem- rise to pay tribute to Jesse R. Nichols, for 2006, and I encourage my Senate plary fashion, bringing credit to the Com- Sr. Mr. Nichols, who passed away on colleagues to support this funding as mittee and to Congress; and February 15, was the first African- the Namibian people continue their Whereas, Jesse Nichols worked effectively American clerk for the Senate Finance fight against HIV/AIDS. under the guidance of Democratic and Re- Committee and one of its longest serv- publican Chairmen, including Pat Harrison Despite its openness and competitive- ing staff members. He worked with the ness, the Namibian economy still faces of Mississippi, Walter F. George of Georgia, Harry Flood Byrd of Virginia and Russell B. committee from 1937 to 1971. a number of challenges. Since 1990, the Born in Clarksdale, MS, Mr. Nichols annual per capita GDP growth rate in Long of Louisiana from the 75th Congress through the 91st Congress. came to the Finance Committee at a Namibia has averaged just 1.6 percent. Whereas, the Committee on Finance will time early in the building of its staff. The African Growth and Opportunity long remember the commitment, service and Back then, there were few, if any, Afri- Acceleration Act is helping to cap- leadership of Jesse R. Nichols, Sr., as docu- can-Americans on staff with the Sen- italize Namibia’s economic potential. mented in an oral history posted on the Sen- ate. At Finance, there were just three Already, AGOA is estimated to have ate Historian’s Web site; and staff members with the committee and created 9,000 new jobs in Namibia. In Now, therefore, be it resolved, that the no standing subcommittees. Today, addition, Namibia’s 2004 exports to the United States Senate expresses its deep grat- there are 70 staff members and 5 stand- United States under AGOA are valued itude and sincere respect for Jesse R. Nichols ing subcommittees. at $161 million. for his unfailing service and his dedication to These achievements I mention be- the United States Senate. The Senate hereby During his more than 30 years with expresses condolences to the family due to cause they are a model for political and the committee, he created the commit- the death of Jesse R. Nichols, Sr., on Feb- tee’s archival system and became our economic reform throughout the Afri- ruary 18, 2005. can Continent. Steady American sup- resident historian. He also contributed Mr. FRIST. Mr. President, this reso- port will enhance Namibia’s ability to to the history of the Senate as a whole. contribute to Africa’s peace, security, lution expresses our gratitude and re- In 1994, he generously participated in and stability. The President has said spect to the family of Jesse Nichols. I an extensive oral history for the Sen- America has a special calling to come will take just a couple of moments to ate Historical Office. In it, he describes to the aid of the African people and comment on Jesse Nichols, who was some of his most memorable moments that ‘‘we will do so with the compas- the first African-American clerk to be during his long tenure. Mr. Nichols sion and generosity that has always de- employed by this body, the Senate. rubbed elbows with some of the most fined the United States.’’ Jesse Nichols was born on June 14, important leaders of the day—but he I look forward to working with my 1909, in Clarksdale, MS. In 1930, Jesse was excluded from eating in the Cap- colleagues in the Senate and with the enrolled at Howard University where itol’s restaurant and cafeterias because President to continue helping the con- he hoped to study medicine, but his of his race. tinent heal and grow. We care deeply plans were derailed by the Depression, On the day that Mr. Nichols cele- about the future of Africa. With time and he, as so many others, had to join brated his 30th anniversary with the and an unwavering commitment to the employment line. committee, several Senators paid him progress, I believe that together we can After a stint working at a local deli- homage on the Capitol floor. They help Africa and its people share in the catessen, Jesse secured a position at noted that Mr. Nichols outranked blessings of peace and prosperity. the Reconstruction Finance Corpora- every member of the Finance Com- f tion. Then in 1937, Senator Pat Har- mittee in terms of length of service. rison of Mississippi hired Jesse Nichols Senator Long in particular called Mr. TRIBUTE TO JESSE R. NICHOLS to join the Finance Committee as doc- Nichols a ‘‘senior member’’ of the com- Mr. FRIST. Mr. President, I ask ument clerk/librarian. He became re- mittee and ‘‘one of God’s best people.’’ unanimous consent that the Senate sponsible for the committee’s immense When Mr. Nichols finally retired in now proceed to the consideration of S. collection of tax codes and hearings, 1971, the committee had to hire two Res. 168, which was submitted earlier witness statements, and other publica- people to carry on his extensive work. today. tions. I salute Mr. Nichols for his long and The ACTING PRESIDENT pro tem- Over the days and the weeks ahead, trusted service to the Senate and send pore. The clerk will report. Mr. Nichols became indispensable to my heartfelt condolences to the Nich- The assistant legislative clerk read the committee staff and the Senators ols family. as follows: who depended on his professionalism Mr. GRASSLEY. Mr. President, A resolution (S. Res. 168) expressing grati- and accumulated knowledge. On his today I want to pay tribute to the life tude and sincere respect for Jesse R. Nichols. 30th anniversary in the Senate, Mem- of Jesse Nichols, Sr., who passed away There being no objection, the Senate ber after Member rose to pay tribute to on February 22, 2005. Jesse R. Nichols, proceeded to consider the resolution. Mr. Nichols. Senator Russell Long Mr. FRIST. I ask unanimous consent Sr., faithfully served the U.S. Senate praised Mr. Nichols for his consum- that the resolution be agreed to, the for over 30 years. He was the first Afri- mate professionalism, diligence, and preamble be agreed to, and the motion can American Clerk employed by the devotion to this body. Delaware Sen- to reconsider be laid upon the table. U.S. Senate. The ACTING PRESIDENT pro tem- ator John R. Williams testified that Jesse Nichols was born on June 14, pore. Without objection, it is so or- over his three decades of service Jesse 1909, in Clarksdale, MS. He began his dered. Nichols ‘‘earned the respect of those service when the late Pat Harrison of The resolution (S. Res. 168) was former giants of this Senate, each of Mississippi was the distinguished agreed to. whom was proud to call him a friend.’’ Chairman of the Finance Committee— The preamble was agreed to. Jesse Nichols was deeply respected the committee I am now privileged to The resolution, with its preamble, by his colleagues and was dearly chair. reads as follows: missed when he retired from the Sen- Jesse was appointed as a messenger S. RES. 168 ate in 1971. On February 18th of this for the Finance Committee in 1936, and Whereas, Jesse R. Nichols, Sr., faithfully year, Jesse died a few months short of was elevated about 6 months later to served the United States Senate and the his 96th birthday. Jesse Nichols lived a assistant clerk of the Committee. At

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12247 that time, the staff of the Finance condolences to the family due to the death of Griffith is because he is a constituent Committee numbered only three. Jesse R. Nichols, Sr., on February 18, 2005. of mine. Mr. Griffith serves as assist- In 1967, on the occasion of his thir- f ant to the president and general coun- tieth anniversary on the Senate staff, sel of Brigham Young University. RESERVATION OF LEADER TIME several members of the Finance Com- As might be expected, Tom has many mittee, led by Delaware Republican The ACTING PRESIDENT pro tem- supporters at BYU. Here is what asso- John J. Williams, rose in the Senate pore. Under the previous order, the ciate dean and Professor Constance chamber to pay tribute to Jesse Nich- leadership time is reserved. Lundberg at the J. Reuben Clark ols who had ‘‘earned the respect of f School of Law has to say about the those former giants of the Senate, each nominee: EXECUTIVE SESSION of whom was proud to call him a [Tom] is also a lawyer of unexcelled abil- friend.’’ ity. He understands the differences between Senator Williams added that: law and policy and has a deep understanding NOMINATION OF THOMAS B. GRIF- of the powers and prerogatives of each of the It is refreshing to meet a man who FITH TO BE UNITED STATES CIR- three branches of government. He is im- throughout the years has served the Senate CUIT JUDGE FOR THE DISTRICT mensely fair and compassionate. The laws and his country with but one thought in OF COLUMBIA and Constitution of the United States could mind, and that is, to do his job to the best of not be in better hands. his ability, always remembering that as a The ACTING PRESIDENT pro tem- Tom also has his supporters among Government employee he is a servant of the pore. Under the previous order, the people. law school faculty off the BYU campus. Senate will proceed to executive ses- For example, please listen to what Har- Senate Republican Leader Everett sion and proceed to the consideration vard Law Professor William Stuntz has Dirksen added his endorsement, noting of Calendar No. 66, which the clerk will said about the qualifications of Tom that: report. Griffith: The assistant legislative clerk read Thirty years of faithful and devoted serv- I know a great many of talented men and ice certainly deserves to be taken account of the nomination of Thomas B. Griffith, women in America’s legal profession; I’ve in the proceedings of this body. of Utah, to be United States Circuit taught more than three thousand students at An oral history interview conducted Judge for the District of Columbia. three top law schools, and I have friends by the Senate Historical Office from The ACTING PRESIDENT pro tem- scattered across the country in various kinds March 26 to April 12, 1994, is available pore. The Senator from Kentucky. of law practice and in academics. I do not on the Senate Web site. The history Mr. MCCONNELL. Mr. President, I know anyone whom I would rather see on the documents Jesse’s employment by the ask unanimous consent that I be al- federal bench than Tom Griffith. If he is confirmed, he will not just be a good judge. He’ll Committee on Finance from the 75th lowed to proceed as in morning busi- be a great one. Congress through the 91st Congress. ness. That is certainly strong praise and, He worked under the guidance of The ACTING PRESIDENT pro tem- as I remember law school, getting Democratic and Republican Chairmen, pore. Without objection, it is so or- praise from law professors is never easy including Walter F. George of Georgia, dered. unless you truly earn it. I Senator Eugene Millikin of Colorado, (The remarks of Mr. MCCONNELL are In order to become the lawyer he is Harry Flood Byrd of Virginia and Rus- printed in today’s RECORD under today, Tom received a solid education. sell B. Long of Louisiana. ‘‘Morning Business.’’) Back in 1978, Mr. Griffith received his Jesse Nichols’ service was faithful, The ACTING PRESIDENT pro tem- Bachelor’s degree from BYU. I am exemplary and noteworthy. He served pore. The Senator from Utah. proud to say that we both graduated not only the Finance Committee with Mr. HATCH. Mr. President, is the from BYU. I am also proud to tell you class and grace, but also the Senate as Griffith nomination before the Senate? that Tom graduated summa cum laude. a whole during that critical period in The ACTING PRESIDENT pro tem- For those of us who are proud to call American history. I join my colleagues pore. The Senator is correct. Brigham Young University our alma in recognizing Mr. Nichols’ life and am Mr. HATCH. Mr. President, I rise in mater, I want to note that BYU is our grateful to his service to our country. support of the nomination of Thomas Nation’s largest private university and S. RES. 168 B. Griffith to serve as a judge on the is recognized by many as one of the fin- Whereas Jesse R. Nichols, Sr., faithfully United States Court of Appeals for the est institutions of higher learning any- served the United States Senate and the District of Columbia Circuit. where in the world. Committee on Finance as the Government Because Tom Griffith served as Sen- Tom Griffith was the valedictorian of Documents Clerk and Librarian from nine- ate legal counsel from 1995 to 1999, the BYU College of Humanities. He was teen hundred thirty-seven through nineteen many Members of this body are very chosen as the recipient of the pres- hundred seventy-one; familiar with his character, judgment, tigious Edward S. Hinckley Scholar- Whereas Jesse R. Nichols, Sr., was born on and record. For the benefit of those June 14, 1909, in Clarksdale, Mississippi, and ship. was the first African American Clerk em- new members of this body and those Mr. Griffith pursued his legal studies ployed by the United States Senate; members of the public who are not fa- at the University of Virginia School of Whereas he carried out his duties in exem- miliar with Tom Griffith, I want to Law. Once again, he distinguished him- plary fashion, bringing credit to the Com- spend the next few minutes detailing self by being selected as a member of mittee and to Congress; why his education, experience, and ex- the law review at the University of Vir- Whereas Jesse Nichols worked effectively pertise make him an excellent nominee ginia. This is an honor that very few under the guidance of Democratic and Re- for this extremely important Federal law students achieve. publican Chairmen, including Pat Harrison court. of Mississippi, Walter F. George of Georgia, Upon graduation from law school in Harry Flood Byrd of Virginia and Russell B. As I will set forth, Tom has broad 1985, Tom commenced his legal career Long of Louisiana from the 75th Congress support on both sides of the aisle. In as an associate in the Charlotte, NC, through the 91st Congress; and the far too often partisan debate over law firm of Robinson, Bradshaw and Whereas the Committee on Finance will judicial nominations that has occurred Hinson. During this time, Mr. Griffith long remember the commitment, service and over the last few years, it is refreshing was engaged in corporate, commercial, leadership of Jesse R. Nichols, Sr., as docu- to have before us a nominee whose past securities and employment litigation. mented in an oral history posted on the Sen- record of achievement has resulted in In late 1989 Tom Griffith joined the ate Historian’s website: Now, therefore, be it so many current supporters who are well-known and highly regarded Wash- Resolved, That the United States Senate expresses its deep gratitude and sincere re- firmly convinced that his future serv- ington, DC, law firm of Wiley, Rein and spect for Jesse R. Nichols for his unfailing ice on the bench will be successful. Fielding, first as an associate. Tom service and his dedication to the United One of the many reasons why I am specialized and excelled in complex en- States Senate. The Senate hereby expresses particularly proud to support Tom vironmental insurance litigation and

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12248 CONGRESSIONAL RECORD—SENATE June 13, 2005 regulatory investigations and was judges and lawyers in Croatia, Serbia, As befitting a man of his experience, made a partner in the firm. the Czech Republic and Russia. He has Mr. Griffith has also given many Between March, 1995 and March, 1999, been very active in helping establish a speeches in educational settings that Tom Griffith served as Senate legal regional judicial training center in cover a wide variety of legal topics in- counsel. This is a highly demanding job Prague. Let me just mention what cluding, The Rule of Law; The Line as the Senate legal counsel advises the some of his peers in the international Item Veto Act; Disciplining Congress: Senate on all legal matters related to legal community have said about Tom The Taxing and Spending Powers, and, the Senate including Senate investiga- Griffith. of course, The Impeachment of Presi- tions, the work of Senate committees, Here is what David Tolbert, the Dep- dent Clinton. and defending acts of Congress and uty Registrar at the International In addition, Tom has authored sev- Senate resolutions. Criminal Tribunal for the former Yugo- During his time as Senate legal coun- slavia has said about Tom Griffith: eral scholarly articles that have appeared in legal periodicals including sel, Tom faced the many challenges of Mr. Griffith is without question one of the advising the Senate during the im- best professionals with whom I have worked, his law review note, Beyond Process: A peachment of President Clinton. If given not only his capability as a lawyer but Substantive Rationale for the Bill of there was ever a circumstance to test his integrity as a person. He also shows an Attainder Clause and his more recent the temperament of a lawyer, his abil- open-minded approach to legal and other 2003 article in the Utah Bar Journal en- ity to ascertain what the law is and issues, and I have discussed many issues with titled, Lawyers and the Rule of Law. him, a number of which we come to at somewhat prudence dictates, and to provide what different angles, and his intellectual The record is clear that Tom Griffith objective legal advice in a fair and honesty and integrity are outstanding. is an accomplished lawyer and an out- even-handed manner in a highly That is indeed high praise. Mr. standing member of the bar. Despite charged atmosphere, surely it was the Tolbert is not alone among those in the the many highlights of academic unique circumstances of the impeach- international legal community who achievements and professional accom- ment trial. By all accounts, Tom Grif- have come to know Tom and speak plishments that I have just reviewed, I fith came through in flying colors. highly about him. have no doubt that Tom would describe After the impeachment trial, Tom re- Mark Ellis, the executive director of his greatest joy in life as his 28-year joined the firm of Wiley, Rein and the International Bar Association has marriage to his wife, Susan, and the six Fielding for about one year before tak- made the following comments about children that their marriage has pro- ing his current position in Utah as the Tom. duced. Tom and Susan have five daugh- general counsel of Brigham Young Uni- The duty of a judge is to administer justice ters—Chelsea, Megan, Erin, Victoria versity. and Tanye and a son, Robert. Tom and As you can tell from this thumb nail according to the law, without fear or favor, and without regard to the wishes or policy of Susan were recently made grand- sketch of Tom Griffith’s career, he is the governing majority. Tom Griffith will parents for the first time. They have a an achiever. He has had a terrific edu- fervently adhere to this principle. As is nat- month old grandson, William Sawyer cation and has done very well at very ural in a democracy, people will not always Watts. His parents are Chelsea and Eric demanding schools. He has also distin- agree with Tom’s decisions from the bench. I guished himself in the practice of law will certainly not always agree with those Watts. I would be remiss if I did not with one of the great law firms in this decisions. However, there will never be a mention that Tom’s only other married country, as Senate legal counsel, and question as to the veracity behind them. child, Megan, is married to Ryan Clegg. in his current capacity as assistant to I think that Mr. Tolbert and Mr. I think it is both important and ap- the president and general counsel at Ellis have made some important obser- propriate to note that Tom has pent BYU. vations about Tom Griffith’s com- considerable time in positions of lead- Many have relied upon Tom Griffith petence and character. ership in his church. for sound legal advice. That is because In addition to his international work Now that I have spent a few minutes he is an excellent lawyer who provides in helping to bring democratic institu- describing the basic facts out Tom excellent advice. tions into formerly totalitarian re- Griffith’s education and experience, I Despite the claims on his time made gimes, Mr. Griffith has also served as a by the various legal positions Mr. Grif- Commissioner on the Secretary of Edu- will spend the next few minutes mak- fith has held, he still found the time to cation’s Commission on Opportunity in ing some qualitative judgments about take on a number of voluntary assign- Athletics. There are many difficult him. ments that demonstrate a commitment issues that universities across the I am all for Tom Griffith. Everyone to serving those in need. For example, country face in operating balanced ath- knows that. I first became familiar between 1991 and 1995 Mr. Griffith spent letic programs vis a vis male and fe- with Tom through his work in the Sen- several hundred hours of his own time male athletes in a era of constrained ate. As Senate legal counsel, he im- attempting to overturn the sentence of budgets. Tom has been a constructive pressed many in this body for being a death row inmate. Ultimately, the voice in this important dialogue and hard-working, fair-minded, and honest. strategy devised by Mr. Griffith was sometimes thankless task. I prepared I am aware of no one who believes that successful in obtaining a pardon by to speak at further length on his ache carried out his responsibilities as then-Governor, now-Senator GEORGE tivities in this area but will not do so Senate legal counsel in a partisan man- ALLEN on the eve of the scheduled exe- at this point. I will tell you that—not ner. surprising for a father of five daugh- cution. And let’s face it, the role of Senate Tom has volunteered to represent ters—Tom has worked, consistent with legal counsel is not an easy job. We all disadvantaged public school students the law, to bring opportunities for know about the challenges and difficul- in disciplinary proceedings and has women athletes. ties associated with the impeachment helped operate soup kitchens or people In addition to these activities, be- trial. But let me just list a few other in need. tween 1996 and 2002 Tom Griffith served I would also like to make my col- as vice chairman of the Federalism and significant legal matters that Mr. Grif- leagues aware of Tom’s interest in, and Separation of Powers Practice Group of fith handled while in the Senate. commitment to, the emerging democ- the Federalist Society. As a long time These include representing the Sen- racies in Central Europe. For the last friend and supporter of the Federalist ate in various lawsuits relate to the 10 years, Tom has worked on the Amer- Society and its leader, Leonard Leo, I Line Item Veto Act; advising the Sen- ican Bar Association’s Central Eur- am pleased that Tom has provide his ate of its institutional interests in the asian Law Initiative, serving on the thinking and energy to the important Senate campaign finance investiga- ABA Advisory Board in this area. In areas of federalism and separation of tions held by the Committee on Gov- this capacity, he has helped train powers. ernment Affairs with respect to fund

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12249 raising of the 1996 elections; rep- fully to my colleague and friend from and nail against each other every day, resenting the Senate in the investiga- Utah. to come out of litigation with mutual tions related to the contested 1996 Lou- Unlike the vast majority of the respect. Of course it is possible for ad- isiana Senate election; and, many mat- nominees the Senate reviews, judicial versarial advocates to come out of trial ters, including a Senate subpoena di- and executive branch, many of us have with less than admirable feelings to- rected to the White House, related to had the chance to know Tom Griffith wards one another. the Senate Whitewater investigation. personally and to see how he acts Whatever your views on the merits of You can see that the inherently con- under extremely stressful, and some- President Clinton’s impeachment, I troversial issues that the Senate legal times extremely partisan, cir- think that most everyone would agree counsel is compelled to confront could cumstances. He has more than passed that David Kendall and Lanny Breuer easily end up in making some par- the test. Tom Griffith has been in the were zealous advocates in the Presi- ticular Senators less than pleased from crucible of major political and legal dent’s defense. time to time. Add to that the mother events. He performed well under the So was Chuck Ruff. We all miss him. of all contentious issues—a Senate im- sometimes scorching heat of the situa- He was a good man and a great lawyer. peachment trial—and I hope you can tion and helped all of us get through As you would imagine, during the see why a person like Tom Griffith, that unique test. course of the impeachment trial both who came through the impeachment But do not take it from me and Sen- David Kendall and Lanny Breuer got to trial with bipartisan respect, might be ator BENNETT alone, after all we are know Tom Griffith. They came to re- exactly the type of individual we need both Republicans and Mr. Griffith is spect him. on the DC Circuit. our constituent. Here is what some I am prepared to debate more exten- But do not take it just from me. I leading Democrats have said about sively on some concerns that have been will spend the next few minutes to tell Tom Griffith. raised and may be raised today about you what judgments that others—lead- Let me start with Senator DODD, our Mr. Griffith’s bar membership. I might ing Republicans and Democrats alike— colleague from Connecticut. Upon Mr. add that the ABA has looked into this have made about Tom Griffith. Griffith’s departure from the Senate, matter very carefully and gave Mr. Griffith a qualified rating. And you Let me start by reciting from the Senator DODD made the following re- testimony that my colleague from marks on the Senate floor: would think that if the ABA was satisfied on a matter relating to bar mem- Utah, Senator BENNETT, gave to the Mr. DODD. As an original cosponsor of the Judiciary Committee last fall. Here is resolution, I rise today to add my remarks in bership, that this should put the mat- what Senator BENNETT said: support of, and in gratitude to, our former ter to rest. . . . Tom Griffith really needs no introduc- Senate legal counsel, Mr. Tom Griffith. Nevertheless, some questions have tion to the Senate because he served as It is always with mixed emotions that I been raised. This issue has been fully Legal Counsel to the Senate in what is per- speak on occasions such as this. While I am explored and, I think, put to rest in haps the Senate’s most difficult experience, glad for Tom and wish him well in his return two Judiciary Committee hearings on at least the most difficult experience in the to private practice, I know that the Senate Tom Griffith. In any event, it has been time that I have been here. Tom Griffith was will miss the wise counsel and dedication he the subject of a few stories in the press. Counsel to the Senate when we went through demonstrated during his nearly 4 years of I might add that one of the newspapers the historic impeachment . . . trial of Presi- service to this body. The ancient Chinese had a curse in which that carried this story, The Wash- dent Clinton—only the second time in our ington Post, ultimately editorialized in Republic’s history where the Senate has had they wished their victim a life ‘‘in inter- this kind of challenge. I was involved in esting times’’. For better or for worse, Tom support of the nomination of Mr. Grif- that, as were members of this Committee. lived such a life as Senate legal counsel. fith. The primary burden of dealing with that From my place on the Rules Committee— I thought it noteworthy that two challenge fell upon the two leaders, Senator first as a member and now as Ranking Mem- leading Democratic lawyers, David Lott as Majority Leader and Senator ber—I had a unique perspective on the legal Kendall and Lanny Breuer, undertook Daschle as the Minority Leader. I watched counsel’s efforts to deal with numerous ‘‘in- a public act by writing a letter to the with interest and then admiration as Tom teresting’’ issues presenting novel, rare, and editor to the Washington Post that in some cases, historic issues, including im- Griffith negotiated through that particular stated as follows: mine field, giving very sound, calm, care- plementation of the Congressional Account- For years Tom has been a leader in the bar fully researched and reasoned advice to both ability Act, resolution of the Louisiana elec- and has shown dedication to its principles. sides. He was not a partisan counsel. From tion challenge, and, of course, the recent im- The Federal bench needs judges like Tom, an my observation, Senator Daschle was as reli- peachment trial. Speaking for myself—and, I excellent lawyer supported across the polit- ant upon Tom Griffith’s legal expertise as suspect, most of my colleagues—I must say ical spectrum. was Senator Lott. that Tom handled those difficult responsibil- If I can take us back to the memory of ities with great confidence and skill. Their letter goes on to say: ‘‘We sup- that experience, virtually everyone around A more contemporary observer—and one of port Tom and believe he has the intel- us in Washington predicted a melt-down. The Connecticut’s most famous residents— Mark lect and judgment to be an excellent comment was made that this case was toxic. Twain, once suggested: ‘‘Always do right— judge. ‘‘ It had soiled the House of Representatives this will gratify some and astonish the rest.’’ I want to emphasize that these are and it was going to soil the United States During his tenure as legal counsel, Tom ex- President Clinton’s lawyers talking emplified this philosophy, impressing all Senate. about a Republican judicial nominee— . . . the Senate came out of that experience who knew him with his knowledge of the law with its reputation enhanced rather than and never succumbing to the temptation to Tom Griffith—whom they got to know soiled, and to no small degree that fact . . . bend the law to partisan ends. All of us who during the Senate impeachment trial. is due to Tom Griffith. serve here in the Senate know the impor- But they are hardly alone. Many There are very few nominees for the Fed- tance of the rule of law; but let us never for- other leading Democratic lawyers hold eral bench who have had the experience of get that it is individuals like Mr. Thomas Tom Griffith in high esteem. These in- going through that kind of fire, who have Griffith whose calling it is to put that ideal clude Seth Waxman, solicitor general had their judicial temperament tested in into practice. of the United States in the Clinton Ad- that kind of an atmosphere. Tom Griffith Once again, I wish to express my gratitude ministration. Here is what Mr. Wax- therefore comes before this Committee to Tom for his years of service, and I ask unique in terms of his experience and with that my colleagues join me in supporting man wrote to The Washington Post in the Senate as a whole, and indeed in the na- this resolution. the aftermath of its story on Mr. Grif- tional spotlight. To me, these comments by Senator fith’s bar status: I have known Tom since he was Senate I think that there is much wisdom in DODD speak volumes about the precise legal counsel and I was Solicitor General, Senator BENNETT’s reflections. I under- qualities we should all want in our ju- and I have the highest regard for his integ- stand that Senator BENNETT will come diciary. rity . . . For my own part, I would stake to the floor this afternoon and make As an old litigator myself, I can tell most everything on his word alone. Litigants some remarks about Mr. Griffith. I you that it is possible for layers argu- would be in good hands with a person of Tom hope my colleagues will listen care- ing against each other, fighting tooth Griffith’s character as their judge.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12250 CONGRESSIONAL RECORD—SENATE June 13, 2005 That is high praise from one of the the bar membership issue, I just want Griffith received the support of many most skilled Supreme Court practi- you to remember what Ab Mikva has Committee Democrats, including the tioners in this country. And once concluded because he has a lot of expe- support of both Senators DURBIN and again, I point out that it is coming rience in making these type of judg- SCHUMER, both of whom who would ac- from a leading Democratic lawyer in ments from his time in Congress, at knowledge the fact that they are some- support of one of President Bush’s judi- the White House, and on the bench. times among the toughest critics of cial nominees. Unfortunately—and with apologies to President Bush’s judicial nominees. Support for Tom Griffith is equally George Gershwin’s Porgy and Bess— The minority leader, Senator REID, vigorous on the part of leading Repub- sometimes in judicial confirmations, has expressed a willingness to bring the lican lawyers. Despite having been re- nothing’s plenty for some. Griffith nomination up for a vote and I cently exposed as not being Deep Those who have known and worked hope that he supports Mr. Griffith. Throat—after 30 years of speculation to with Tom Griffith praise him. Another Tom Griffith is an extraordinarily the contrary—Fred Fielding, former name partner of Mr. Griffith’s old firm, qualified nominee. He has the edu- White House Counsel to President Richard Wiley, has this to say about cation, experience, judgment, and char- Reagan, is still properly regarded as him: ‘‘Tom is an outstanding lawyer, acter to make a fine judge. Those of one of the best lawyers in Washington, with keen judgment, congenial tem- you who worked with him while he was DC, or anywhere else for that matter. perament and impeccable personal in- Senate legal counsel know this to be Tom Griffith was his law partner so tegrity. He would bring great expertise the case. I ask that those of you who they know each other well. and fair-minded impartiality to the are new to this body or did not work Mr. Fielding, the former chairman of bench and, in my judgment, would be a with Mr. Griffith while he was here ask the American Bar Association’s Stand- considerable credit to the DC Circuit the opinion of those of us who were in ing Committee on the Federal Judici- and the Federal Judiciary as a whole.’’ the Senate and worked closely with ary, has described Mr. Griffith as ‘‘a While Dick Wiley is a leading Repub- him. very special individual and a man pos- lican attorney, not all of the attorneys I am old-fashioned enough to believe sessed of the highest integrity. He is a at the firm he founded are Republicans. in the notion of the Senate family. fine professional who demands of him- Here is what Tom Brunner of Wiley, Tom Griffith is part of the Senate family. I, and many of my Senate col- self the very best of his intellect and Rein and Fielding has to say about leagues, have reputations for helping energies.’’ Tom Griffith. Speaking of former White House deserving members of the Senate fam- I offer these views from the perspective of ily because we recognize that some of Counsels supportive of Tom Griffith, I a life-long and politically active Democrat. would like to point out that Abner While Tom and I don’t always agree on par- the most public-spirited individuals in Mikva, a leading Democratic attorney, tisan political issues, I have the highest re- our country choose to work in the Con- firmly supports Tom Griffith. Abner gard for his integrity and for his open-mind- gress, including some of our most ener- Mikva was a Democratic Congressman, edness. As a judge, he would approach each getic, smart and idealistic young peo- and a Democratic appointee to the very case without prejudice, with a willingness to ple. court to which Mr. Griffith has been be educated and considerations he did not I also recognize that given the ex- previously understand and a rock-solid com- traordinary capabilities of staff mem- nominated to serve. Here is what he mitment to fairness. says about Mr. Griffith: bers, such as Tom Griffith, it is only Last year I received a letter from 13 fitting and natural for Congressional Tom Griffith will be a very good judge. I have worked with him indirectly while he leading Democratic attorneys, includ- staff to move into positions of great re- was counsel to the Senate and more directly ing former Representative Jim Slat- sponsibility within the judicial and ex- as a major supporter to the . . . Central and tery, Bill Idle, President of the ABA in ecutive branches of government. So I Eastern European Law Institute of the 1993–1994, and Sandy D’Alemberte, always try to help along and give the American Bar Association. Tom was an ac- President of the ABA in 1991–1992. Here benefit of the doubt to Congressional tive member of CEELI’s advisory board, and is what this distinguished group of staffers who are nominated to serve by he and I participated in many prospects and Democratic lawyers had to say about the President—any President, Repub- missions on behalf of CEELI. Tom Griffith: lican or Democrat. I have always found Tom to be diligent, I take great pride in lobbying on be- thoughtful and of the greatest integrity. I Each of us has had extensive contact with think that the bar admission problems that Tom and believes him to be extremely well half of a former Democratic Chief have been raised about him do not reflect on qualified for service on the DC Circuit. For Counsel of the Judiciary Committee, his integrity. Rather, they appear to be un- years Tom has been a leader in the bar and Stephen Breyer, to serve on both the derstandable mistakes and negligence which has shown dedication to its principles. The 1st Circuit Court of Appeals and the cannot be raised to the level of ethical be- Federal bench needs people like him, one of Supreme Court. havior. Tom has a good temperament for the the best lawyers the bar has to offer. We I would hope that my colleagues will bench, is moderate in his views and worthy urge the Senate to confirm his nomination. continue to join me in this approach of of confirmation. I must say that I heartily join them recognizing those who have done well I think that Judge Mikva, a leading in urging the Senate to confirm Tom for the American public in serving the Democrat got it exactly right. Tom is Griffith to the DC Circuit. Senate. a man of high integrity and com- Over the past several years, we have I urge my colleagues to act to send petence. Problems stemming from fail- heard many criticize President Bush Tom Griffith off to the DC Circuit with ure to timely pay bar dues—a problem for nominating individuals that my the type of broad bipartisan confirma- that besets some 3,000 members of the friends across the aisle find too divi- tion vote that reflects the broad bipar- District of Columbia Bar Association sive. As I have just shown, in nomi- tisan support that his nomination has each and every year and was imme- nating Tom Griffith, President Bush engendered. diately corrected by Mr. Griffith when has made a conscious attempt to sub- For me, this is an easy vote. I know brought to his attention—should not be mit the name of an individual that has Tom and his record. I hope that after artificially magnified. As Judge Mikva broad bipartisan support. all of my colleagues have considered has commented on this issue: ‘‘. . . this I just hope that my colleagues across his qualifications, it will be an easy is a whole lot of nothing.’’ the aisle will recognize the simple fact vote for them as well. Tom Griffith is And that assessment—a whole lot of that President Bush is offering a nomi- a good man and has what it takes in nothing—is from the former chief judge nee that he hopes, and I hope and ex- terms of education, intelligence, judg- of the DC Circuit, former White House pect, will gain a broad bipartisan vote ment and character, to become a great counsel to President Clinton and of support. judge. former Congressman. If during this de- I was pleased that despite some con- I urge my colleagues to vote in favor bate somebody tries to make some- cern expressed by some Democrats on of Tom Griffith to serve on the DC thing out of nothing with respect to the Judiciary Committee that Tom Court Circuit.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12251 I yield the floor. State taxes, but he is not a member of was reinstated once he got around to The ACTING PRESIDENT pro tem- the bar despite admitting practicing paying his unpaid dues. Of course, that pore. The Senator from Vermont. law there since 2000. According to his ignored my question, which was about Mr. LEAHY. Mr. President, what is answers to my questions, he has taken the ramifications of having been sus- the parliamentary situation? no steps to fulfill the requirements for pended for two separate periods over The ACTING PRESIDENT pro tem- practicing law in Utah by taking the the course of years while he continued pore. Under the previous order, there Utah bar exam and becoming a member to practice. Clients and partners should was 4 hours of debate evenly divided. of the Utah Bar. He was also derelict in have been notified and courts should Mr. LEAHY. I thank the Chair. I will his duty toward the DC Bar, and less have been informed. take such time as I may need. than forthcoming with us on questions The Department of Justice appar- Mr. LEAHY, Mr. President, I oppose related to his repeated failures to ently agrees that suspension for failure the nomination of Thomas Griffith to maintain his D.C. Bar membership and to pay bar dues is a serious matter. Re- the U.S. Court of Appeals for the DC his failures to pay his annual dues on cent newspaper reports disclosed that Circuit. Mr. Griffith’s decision to prac- time not just once, not twice, but in the Department’s Office of Professional tice law without a license for a good 1996, 1997, 1998, 1999, 2000 and 2001. He Responsibility takes such a matter se- part of his career should be disquali- was twice suspended for his failures, in- riously enough to have opened an in- fying. Mr. Griffith has foregone at least cluding one suspension that lasted for vestigation into the case of a longtime 10 opportunities to take the bar in three years. career attorney there who, like Mr. Utah, and has continued to refuse dur- As was reported last summer in The Griffith, was suspended from the DC ing the pendency of his nomination. In Washington Post, and confirmed bar because he did not pay his dues. this regard he appears to think he is through committee investigation, Mr. Unlike Mr. Griffith’s case, the Depart- above the law. That is not the kind of Griffith has spent the last five years ment is concerned enough about such a person who should be entrusted with a practicing law in Utah as the General suspension that they filed notices with lifetime appointment to a Federal Counsel to Brigham Young University. the courts in every case this attorney court and, least of all, to such an im- In all that time he has not been li- worked on during the period of his sus- portant court as the DC Circuit, which censed to practice law in Utah, nor has pension, notifying them that he was is entrusted with protecting the rights he followed through on any serious ef- not authorized to practice at the time. of all Americans. This is the wrong fort to become licensed. He has hidden Practicing law without a license is a nomination for this court and I will behind a curtain of shifting expla- serious matter. vote against it. nations, thrown up smokescreens of The facts surrounding Mr. Griffith’s The DC Circuit is an especially im- letters from various personal friends nonexistent membership in the Utah portant court in our Nation’s judicial and political allies, and refused to ac- bar are even more troubling. He began system for its broad caseload covering knowledge what we all know to be his service as assistant to the president issues as varied as reviews of Federal true: Mr. Griffith should have taken of the university and general counsel of regulation on the environment, work- the bar. BYU in 2000. At that time he was not a place safety, telecommunications, con- Mr. Griffith has so far foregone ten member of the Utah bar, he was sus- sumer protection, and other critical opportunities to take the Utah bar pended from membership in the bar of Federal statutory and constitutional exam while applying for and maintain- the District of Columbia, and he was an rights. The White House has rejected ing his position as general counsel at inactive member of the North Carolina all Democratic efforts to work together BYU. This conscious and continuous bar. Mr. Griffith’s own testimony is on consensus nominees for this court disregard of basic legal obligations is that for the last five years, as part of and refused to engage in consultation. not consistent with the respect for law his responsibilities as BYU general That is too bad and totally unneces- we should demand of lifetime appoint- counsel, he has been practicing law in sary. This is another in a series of in- ments to the Federal courts. Neither Utah. appropriate nominations this President has Mr. Griffith yet satisfactorily ex- So, what made Mr. Griffith think he has made to this court. Last week, plained why he obstinately refuses to could practice law without being a Senate Republicans voted in lockstep take the Utah bar. member of the Utah bar? Mr. Griffith to confirm Janice Rogers Brown to this This is not Mr. Griffith’s first or only testified that he relied on an in-house court. The takeover of this court is bar problem. He was suspended for fail- counsel exception that does not exist now complete. Mr. Griffith is the third ing to pay his DC Bar dues and then in Utah statutes and is not recognized nominee from President Bush to be misled this committee on the facts of by the Utah Supreme Court, as Mr. considered by the Senate. If confirmed that suspension as well as other late Griffith was forced to concede. It was a the eleven judges on the court will in- payments. Contrary to his misleading most convenient and self-serving exclude a majority of seven judges ap- testimony at his hearing, it seems that cuse. There is no such ‘‘general coun- pointed by Republican Presidents. the only year Mr. Griffith actually paid sel’’ exception in Utah and there never At Mr. Griffith’s hearing last March, his DC bar dues on time, after coming has been. He could not point to any I noted that unlike the many anony- to the Senate in 1995, was in 1995. Two Utah statute or Utah Supreme Court mous Republican holds and pocket fili- suspensions from the practice of law in pronouncement allowing this behav- busters that kept more than 60 of two years, three late or non-existent ior—because it does not exist as a mat- President Clinton’s moderate and payments in four years, and an at- ter of law. Moreover, his predecessor at qualified judicial nominees from mov- tempt to mischaracterize this embar- BYU and the general counsels of the ing forward, the concerns about Mr. rassing record are hardly just an single other universities in Utah are all mem- Griffith were no secret. Unlike the Re- ‘‘administrative oversight’’ unless by bers of the Utah bar. publicans’ pocket filibusters of Allen that Mr. Griffith means to indicate Mr. Griffith has never been able to Snyder and Elena Kagan, who were that his single admitted error is that identify who at the Utah bar he claims each denied consideration and an up- he does not comply with the law. advised him that he did not need to or-down vote when nominated to the What may be more disturbing than join the bar. This fundamental refusal DC Circuit, Mr. Griffith knows full well Mr. Griffith’s failure to pay his DC to abide by the law is all the more that I think he has not honored the dues, is his lack of concern about the troubling by Mr. Griffith’s obstinate rule of law by his practicing law in implications of having practiced law in behavior in refusing to take the bar in Utah for five years without ever both- DC without proper licensure. When I order to cure his failure. This is not ering to fulfill his obligation to become asked him if he had notified his clients complicated: Get licensed. Indeed, dur- a member of the Utah Bar. or law firm from the period he was sus- ing the course of committee consider- He has testified that he has obtained pended, he brushed me off, telling me ation he admitted that when he asked a Utah driver’s license and pays Utah that his membership in good standing a second-year law student to research

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12252 CONGRESSIONAL RECORD—SENATE June 13, 2005 the matter she came back to him and tration sees the appointment of Mr. prominent DC law firm, the same law advised that he should take the bar. Griffith to the DC Circuit Court as firm from which President Bush nomi- Yet here we are, with the Senate being such a priority. His narrow views on nated John Roberts to the same court. urged to confirm someone to a lifetime title IX were unveiled during his ef- Senate Republicans pocket filibustered appointment as a Federal judge on a forts as a member of the Bush adminis- President Clinton’s nomination of Mr. court with jurisdiction over important tration Secretary of Education’s Com- Snyder but unanimously supported the cases that can have nationwide impact mission on Opportunity in Athletics, to confirmation of Mr. Roberts. Senate and that nominee has adamantly re- constrict the impact of title IX. Does Republicans played a cruel joke on Mr. fused to follow legal requirements in anyone doubt that he would rule that Snyder when they allowed him a hear- his own legal practice. the Bush administration’s revision ing but would never list him for a vote The general counsel of the Utah bar, through regulations should be upheld? before the Judiciary Committee or the Katherine Fox, wrote to Mr. Griffith on The United States Supreme Court re- Senate. May 14, 2003, telling him she was ‘‘sur- cently decided that whistleblowers are In September 2002, Senator SESSIONS prised’’ he thought there was a general protected in the title IX context. That explained that Clinton nominees Elena counsel exception, and explained that was a close, 5–4 decision, in which Jus- Kagan and Allen Snyder were blocked: there was no way under his cir- tice O’Connor wrote for the majority. ‘‘Because the circuit had a caseload cumstances to waive into the Utah bar Just the other day the Justices refused about one-fourth the average caseload without taking the bar exam. This re- to hear a challenge to an appellate per judge. And the chief judge of the sponse from a career lawyer in the court decision that essentially found circuit said 10 judges is enough, instead Utah bar made before political pressure that title IX could not be blamed for of 12. And I actually thought that was was ratcheted up to defend a Repub- cutbacks in men’s athletic programs. too many. I thought ten was too lican nominee seems pretty straight- These recent legal developments re- many.’’ forward to me. In plain, simple to un- garding Title IX serve to remind us Well, the DC Circuit’s caseload per derstand words, Ms. Fox instructed Mr. how important each of these lifetime judge is lower now than it was during Griffith to take the bar examination at appointments to the Federal courts is. the Clinton administration. Let us see the earliest opportunity. That was In light of the record on this nomina- whether the votes of Republican Sen- more than two years ago. Mr. Griffith tion, I am not prepared to take a ators this time will be based on the refused to comply. chance on it and will vote against it. same rationale they gave to pocket fil- In an interpretation worthy of the I also note that during the Clinton ibuster Clinton nominees. Queen of Hearts from Alice in Wonder- presidency, Senate Republicans en- Last week we witnessed a Republican land, Mr. Griffith and his supporters sured that the 11th and 12th judgeships Senator, who had voted against the have defied logic and reason by turning on the DC Circuit were not filled. They confirmation of a Clinton judicial re- Ms. Fox’s letter upside down in an at- had argued since 1995 that the caseload cess appointment and had explained his tempt to characterize it as something of the DC Circuit did not justify a full vote as opposition to recess appoint- other than it is and to condone his con- complement on the court. Indeed at a ments, reverse himself to vote for a Bush judicial recess appointment. Last duct. If he will make this self-serving 1995 hearing, they called Judge Lau- week we witnessed dozens of Repub- interpretation in this case, what makes rence H. Silberman of the circuit to so lican Senators, who had voted against anyone think that he will not be the testify. Republicans have argued for confirmation of Ronnie White of Mis- same sort of ends-oriented judge that years this circuit’s caseload per judge souri in 1999 and explained their vote will twist facts and law in cases he is one of the lightest in the country. In as compelled by the opposition of his rules on from the Federal bench? Ms. a May 9, 2000, letter to Senator KYL, home-state Senators, reverse them- Fox’s recommendation that he ‘‘closely Judge Silberman argued that the DC selves and vote in favor of Justice Jan- associate’’ himself with a Utah lawyer Circuit’s caseload continued to decline ice Rogers Brown and ignore the until he takes the bar and becomes a from 1995 to 2000 and to oppose con- strong, consistent and well founded op- member of the bar was not offered as firmation of additional Clinton nomi- position of her two home-state Sen- an indefinite safe harbor that permits nees. ators. In fact, the DC Circuit caseload has him to violate Utah law. Ms. Fox’s let- Tomorrow we will see whether the continued to decline and in 2004 was ter is being misused and mischarac- many Republican Senators who de- less than it was in 1999, when Senate terized as an invitation to flout the layed and opposed the confirmation of Republicans refused to consider two law. This is the kind of reinterpreta- Judge Merrick Garland in 1996 and 1997 highly qualified and moderate nomination in one’s own interest that charac- and who pocket filibustered the nomi- tions by President Clinton to vacancies terizes judicial activism of the worst nations of Allen Snyder and Elena on the circuit. With the confirmation sort when employed by a judge. Kagan in 1999 and 2000 will vote against There are more reasons for serious of Janice Rogers Brown to that court, a Bush nominee to the DC Circuit be- concern about Mr. Griffith’s fitness to there are now ten confirmed, active cause the caseload of the circuit does be a member of the DC Circuit Court. judges for the DC Circuit, which is not justify more judges. Tomorrow we His judgment is brought into serious what Republicans maintained was ap- will see if many Republican Senators question by his views on Title IX of our propriate since 1999. again retreat from their earlier ration- civil rights laws. This charter of funda- With all the self-righteous talk from ale because today a Republican con- mental fairness has been the engine for the other side of the aisle about their trols the White House. overcoming discrimination against new-found principle that every judicial Mr. President, I yield the floor. women in education and the growth of nominee is entitled to an up or down The ACTING PRESIDENT pro tem- women’s athletics. I urge all Senators vote, the facts are that in 1999 and 2000 pore. Who yields time? to think about our daughters and the nomination of Elena Kagan to the Mr. LEAHY. Mr. President, I suggest granddaughters, the pride we felt when DC Circuit was pocket filibustered by the absence of a quorum and ask unani- the U.S. women’s soccer team began those same Senate Republicans. Ms. mous consent that the time be equally winning gold medals and World Cups, Kagan is now dean of the Harvard Law divided. the joy they see in young women with School. Qualified? Yes. Was she given The ACTING PRESIDENT pro tem- the opportunity to play basketball and consideration in a Republican run Sen- pore. Without objection, it is so or- ski and compete and grow. ate? Not on your life. Likewise the dered. The clerk will call the roll. With the recent reinterpretation of nomination of Allen Snyder to a va- The legislative clerk proceeded to title IX being imposed by this adminis- cancy on the DC Circuit was never call the roll. tration in ways that will no doubt be voted upon. Mr. Snyder is a former Mr. DORGAN. Mr. President, I ask challenged through the courts, we may clerk to Chief Justice Rehnquist and unanimous consent that the order for now understand why the Bush adminis- was a highly respected partner in a the quorum call be rescinded.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12253 The ACTING PRESIDENT pro tem- this country that is full of self-expres- FCC rule, one would be able to own pore. Without objection, it is so or- sion is strengthened, in my judgment, eight radio stations, three television dered. by an exchange of views of people who stations, the cable company, and buy Mr. DORGAN. Mr. President, I ask have different views. But that, regret- the dominant newspaper all at the unanimous consent to speak as in tably, is seen somehow as being dis- same time. I think it was one of the morning business for as much time as I loyal these days. single most complete cave-ins to the may consume. Oh, I know, someone in the Dixie biggest corporate interests in this The ACTING PRESIDENT pro tem- Chicks said something that was un- country I have ever seen: The public in- pore. Without objection, it is so or- popular about the President, and then terest be damned. dered. we had tractors driving over the CDs The FCC had three-quarters of a mil- CONCENTRATION OF MEDIA BROADCASTING from the Dixie Chicks and big rallies to lion people write to it to say: Do not do Mr. DORGAN. Mr. President, a cou- burn their music. Just before the last this. It did not matter to them. They ple of things have happened in the last election, one television consortium de- just did it. Now they have been en- several days that I want to visit. First, cided they were going to run a clearly joined by a court. The Supreme Court I wish to talk for a moment about pub- partisan film designed to attack only says they cannot continue and so now lic broadcasting and, secondly, to talk one Presidential candidate and not they have to start over. Perhaps when about a Supreme Court decision that allow time for the opposing view. This they start over they will understand was announced this morning here in was a television consortium that near- they also have a responsibility to work Washington, DC, and the relationship ly every single night was doing edi- for the public interest, which brings me between the two. torials against one of the Presidential to public television. First, I will talk about public broad- candidates. A couple of things are kicking casting. I confess I am a big supporter, In Minot, ND, late one evening, a around about public television. Last a big fan of public broadcasting. I train ran the tracks and some cars of week, I believe on Thursday or Friday, think they are an organization that anhydrous ammonia spilled a plume the appropriations subcommittee in provides an independent view of a over that community of nearly 50,000 the House decided to cut funding for range of issues to the American people. people, and that deadly cloud of anhy- public broadcasting. The cut in funding The Corporation for Public Broad- drous ammonia enveloped that commu- probably meets the interests of some casting, public television, and public nity at about 2 o’clock in the morning. who would like to abolish it. I do not radio, I think, provide a significant There is some disagreement about the know. I know we had one of our col- service to this country. events of that night, but reports are leagues some years ago decide to get in In a time when there is this enor- that the telephone calls went to the a big fight with Big Bird and, frankly, mous concentration in the media, more local radio station, and were not an- Big Bird won. Public broadcasting is and more television stations are being swered. All the radio stations in Minot widely supported in this country. bought up by fewer and fewer compa- are owned by one company. In recent years, we have heard a nies—one company owns over 1,200 What is happening in these broadcast drumbeat by people who say public radio stations in this country—the facilities these days is they are run- broadcasting, public television, public Federal Communications Commission ning a broadcast out of a board some- radio, is biased. It has a liberal bias, writes new rules that get overturned by place 1,000 miles away, someone who is they say. No evidence of that, to my the courts, frankly, that say you can homogenizing the music to run it knowledge. Still, the mantra seems to even buy up more of these properties. through the local station. There is no try to brand it as something that is In fact, the rules the Federal Commu- local broadcasting in many cases. What anathema to fairness or balance. nications Commission developed some you have is a company 1,000 miles or The other day I called Mr. Tomlin- while ago said it is going to be all right 1,500 miles away deciding they are son, who is the Chairman of the Board in one of America’s major cities for one going to run some homogenized music of the Corporation for Public Broad- company to own three television sta- through the sound board. You do not casting. He has been in the news a tions, eight radio stations, the domi- even need people around to do that. great deal. In fact, as Chairman, he is nant newspaper, and the cable com- The Minot, ND, story is one that has one who has made the point that he be- pany. That is unbelievable. Are they been well repeated. I know there is lieves that some of the programming is dead from the neck up? What possibly some dispute about a number of the de- not balanced, is in fact biased towards could they be thinking? tails, but the fact is, there should not the liberal view. Fortunately for us, the Federal be any dispute about what is happening I talked to Mr. Tomlinson by tele- courts struck down the new rules and, with this concentration. We now have phone the other day. I do not know fortunately for us, this morning the people who sit in a basement, perhaps him. I do not have anything bad to say Supreme Court decided that the court 20, 30 miles from here—one of the ex- about him. But I called him because of had justification in striking down amples I heard was over in Baltimore, what I had read in the public domain these new ownership rules. a guy sitting in a basement studio say- that he has said as chairman of the Again, I do not think it makes any ing: It is sunny in Salt Lake City. board. sense to have a handful of people in What a beautiful morning to wake up I knew he had hired, with public this country determining what the in Salt Lake City. He was not in Salt funds, a consultant to come in and American people see, hear, and read, Lake City. He was in a basement in take a look at programming, particu- and that is exactly what is happening. Baltimore. larly Bill Moyers’, called ‘‘NOW,’’ I be- That brings me back to public broad- He was reading off the Internet, pre- lieve it was titled, to see if it was fair. casting. It is interesting that at a time tending he was broadcasting to the I will not use ‘‘fair and balanced’’ be- of this concentration in the media—one local folks over the local station in cause that belongs to another brand. company owning a lot of radio sta- Salt Lake City. They have a term for So I wrote to Mr. Tomlinson and tions, 1,200 of them, one company and that. They also have a term for the asked: Why do you not send me the several companies owning a lot of tele- kind of homogenized television news work papers, send me the summary. I vision stations—at a time when there that is put out by people who are not in would like to see this report that you is not much room for discord and your region to make it look like it is empaneled with public funding. He did. voices, which, incidentally, I think locally produced news. He sent me what he called the raw strengthens a democracy. We have this massive concentration data. The raw data is here. This is raw, There is this old saying when every- in the media, which I think is awful, certainly, and I guess it is data, but one is thinking the same thing, nobody the FCC promoted rules that says we there is no summary. So I called to is thinking very much. This democracy will let them concentrate even further. ask: Would you please also send me of ours, this system of self-government, As I said, in a major city, under the summary.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12254 CONGRESSIONAL RECORD—SENATE June 13, 2005 If one looks through the raw data, it on the Defense Appropriations Sub- ant—unknown to the Board, by the is unusual and strange. I will not enter committee. I feel very strongly about way—with public funding to try to de- this into the record. I will not put all our country having a strong defense. I termine what is anti-Bush and proof this information into the record. I feel passionate about supporting men Bush or liberal or conservative—on top am not going to read from all of it. I and women who wear this country’s of all that, last week, the Washington am still awaiting a summary. But I uniform. We need to honor them and Post reports that the search for the must say that the Chairman of the support them in every way possible. I new president of the Corporation for Board of the Corporation for Public also happen to think that the Pentagon Public Broadcasting has narrowed. I Broadcasting hired a consultant to do is one of the largest bureaucracies in don’t know whether it is true. I am just an evaluation of programming. Then the world, and there is massive waste telling you what was in the papers last we have all of these sheets that de- there. So public television did one pro- week. It has narrowed to two can- scribe the guests and it says: anti- gram in which they talked about waste didates, and the leading candidate is a Bush, anti-Bush, pro-Bush, anti-Bush. over at the Pentagon. Do you know former co-chair of the Republican Na- It appears to me to be not so much an how that is described? Antidefense. tional Committee. A former co-chair of evaluation of is this slanted, is it lib- God forbid that you should describe the Republican National Committee eral, does it have an agenda; it is the waste at the Pentagon because then they are going to make head, the presi- evaluation of is this program critical you will be classified, according to this dent of the Corporation for Public of the President? consultant, as antidefense. Broadcasting? I don’t think so. At least Is that why a consultant was em- Let me describe something that was those who worry about bias, those who ployed, to see whether public broad- going on deep in the bowels of the Pen- worry about objectivity, ought not be casting is critical of our President? tagon about a year and a half ago. thinking about presenting to this Con- God forbid that we would be critical of They spent about $8 million, and they gress something as unprecedented as the President of the United States. were going to create what was called a that. I find it interesting that in this eval- futures market for terrorism. It was I want public broadcasting in this uation—this one is incidentally con- basically supposed to be an online bet- country to be what it has always been: servative/liberal, C or L. This was not ting parlor. a proud symbol of independence, will- anti-Bush but C or L. My colleague, For example, you would be able to ing to search for the truth wherever it Senator HAGEL from Nebraska, ap- bet on such things as: How many Amer- exists and willing to take on tough peared on one of the programs, and he ican soldiers would be killed in the subjects. I mentioned that it falls to apparently disagreed with a portion of next year? Would the King of Jordan be the Public Broadcasting System to air President Bush’s strategy with respect assassinated within the next 12 the programs about concentration in to Iraq. So my colleague, Senator months? the media. Do you know why? Because HAGEL, is referred to as liberal. He is a Yes, that is exactly what the Pen- FOX News is not going to do it, CBS is liberal contributor to National Public tagon was preparing to put up and op- not going to do it, NBC and ABC won’t Radio. My guess is that is going to sur- erate in a real way on the Internet. do it. So the American people will be prise a lot of Nebraskans. They were within 3 days of doing it, spoon-fed this intellectual pabulum If he were on the floor he would prob- and they wanted $8 million to continue that says: All this is really good. If one ably say he is a pretty good conserv- it for the next fiscal year. company owns all the radio stations in ative Republican, someone for whom I Senator WYDEN and I discovered what your town, good for you. have deep admiration, but he kind of they were trying to do. We blew it wide It is not good for you. Who is going claimed the liberal status according to open. We had a press conference, de- to broadcast the local baseball games? the consultant. scribed what they were doing, had on Who is going to broadcast the local pa- This is pretty unseemly, frankly, the Internet to show that they were rade? Who is going to report on local spending public money on a consultant only days away from implementing issues, when someone in a basement in who then sits down and looks at all of this crazy strategy, and the next day, a city not far from here is broadcasting these programs to see if something is the Department of Defense shut it over a radio station in Salt Lake City being said that might be critical about down. and pretending to be living there when, a President or Congress. At the press conference, I said this in fact, they have never set foot in the Well, I guess that is enough to say idea of setting up an online betting town? about this particular report. I will parlor to take bets on terrorism was Enough about that—only to say that await the summary, but as someone unbelievably stupid. Can you imagine, some of us in this Chamber and some of who supports public broadcasting and setting up a futures market by which us in Congress care very deeply about thinks it contributes a great deal to Americans can buy futures contracts the Corporation for Public Broad- this country—and by the way, who do and effectively bet on how many sol- casting, about public television and my colleagues think has been willing diers will be killed in the coming year? public radio. I happen to listen to NPR, to do programs about the concentra- That is exactly what was going to hap- National Public Radio, on the way in tion of media ownership in this coun- pen in the bowels of the Pentagon. the mornings, in to work in the Cap- try, about the fact that one company Just as an aside, one of my staff peo- itol. I think it is some of the best news has gobbled up over 1,200 radio stations ple, about 4 months later, used a you can find. and fewer people are involved in what Google search and typed in the words Let me say I listen in the evening, we hear, what we see and what we read ‘‘unbelievably stupid,’’ and my name when I can, to Jim Lehrer. I challenge in this country because they are gob- came up. That is the danger of Google, you to find a better newscast than that bling up all the television stations as I suppose. which exists on public television. There well? Who do my colleagues think has But the fact is, what was happening are those who believe they want to the guts to do programs on the ques- in the bowels of the Pentagon was, in abolish funding for it. If there are tion of what does the concentration in fact, unbelievably stupid and a tragic those who believe they want to have a the media mean in America? waste of the taxpayers’ money and former co-chair of the Republican Na- Is it ABC, or CBS, or NBC? Get real. very unseemly, so we shut it down. tional Committee now assume the pres- Do my colleagues think they are going Would that be called antidefense? I idency at a time when they themselves to do that? They are involved in the guess so. I guess, according to this con- have raised all these questions and concentration. Public broadcasting did sultant, that is antidefense. It may hired consultants about objectivity, I it. Public broadcasting is willing to even be anti-Bush, I don’t know. want them to know they are in for a take this on. On top of all this, the attack on pub- fight because some of us care deeply How about a program that describes lic broadcasting by cutting the funding about the future of public broadcasting waste in the Defense Department? I am in the U.S. House, by hiring a consult- in this country.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12255 I wish to talk just for a moment sure. But let me describe some stories, ferent, with less stability, fewer bene- about an announcement last week. if I might. I have used them all. fits, lower wages. Coming in, listening to the radio this Huffy bicycles. In fact, I got a letter This country is in a race to the bot- morning, I heard a report that the dol- from Huffy bicycles. They didn’t like tom, and what we ought to be doing lar had strengthened just a bit re- what I said. Huffy bicycles used to be with the strategy on international cently. It has strengthened on the news made in Ohio. It was 20 percent of the trade is lifting others up. Instead, we that last Friday, at 8:30 in the morn- bicycle market in the United States. are pushing American workers down. ing, our trade deficit was announced, You buy them all at Wal-Mart, Kmart, The other day, I found out that Lama and our trade deficit last Friday was Sears. The people in Ohio who made boots, Tony Lama boots—I talk about announced to be only $57 billion. It ac- Huffy bicycles actually put a little Levis being all American, when you tually went up to $57 billion, a signifi- decal between the handle bar and the spot someone with Tony Lama boots, cant increase from the month before, front fender. The decal was the Amer- you think that is all American. Tony but a bit less than had been expected. ican flag. Lama boots has now moved to China. On the strength of that, the dollar im- The workers in Ohio who made Huffy The list goes on and on and on. proved a little bit because the currency bicycles were fired because they were So the question is, when will this market, which is probably on medica- making $11 an hour plus benefits, and country stand up for its own economic tion of some type, believes that is mar- their jobs went to China for 30 cents an interests? Not build walls around ginally good news. hour by people who work 7 days a America, but at least develop a This is the fourth highest monthly week, 12 to 14 hours a day. straight strategy that tries to lift oth- trade deficit in the history of this The last job performed by those folks ers up rather than push us down. There country, the fourth highest trade def- in Ohio was to take off the little flag is a feeling among some that workers icit ever. What it means is we are decal on the Huffy bicycle and replace do not matter very much, workers are drowning in a sea of red ink. Going it with a decal of the globe. Huffy bicy- like wrenches, like screwdrivers and back to 1998, these are our monthly cles are not American any more. They pliers. Use them, use them up, and you trade deficits on this chart. It means are Chinese. Why? Because American throw them away. And throwing them we are buying more from abroad than workers were making $11 an hour plus away is as easy as saying, sayonara, so they are selling, importing much more benefits. They were paid too much long, we are off to China, off to Sri than we are exporting. So each day, we money. Lanka, off to Bangladesh. sell about $2 billion worth of America. Radio Flyer, the little red wagon The thing is, none of this works. Each and every day, 7 days a week, we that all the children in this country Henry Ford used to believe that he sell about $2 billion worth of our coun- played with, was an American company wanted his workers to earn a sufficient try. for 110 years. It is gone now. Little red income so they could buy the product This is what we expect. If we take a wagons are made elsewhere. Why? Be- they produce. He wanted the workers look at the first 4 months of trade defi- cause the American workers cost too at Ford Motor to have enough in wages cits this year, it is 22 percent higher much. to be able to buy Ford cars. Very sim- than last year. You see, last year was a Levis? There is not one pair of Levis ple. Simple economics. big record. This year, we are probably made in the United States. None. It is This is an unsustainable course. We headed toward $750 billion in the an- an all American company. Levis are cannot continue this course of trade nual trade deficit. gone. deficit after trade deficit, $50, $60 bil- To a lot of people, the trade deficit Fig Newton cookies. Want to buy lion a month, month after month after doesn’t matter; it is just a term. There some Mexican food? Fig Newton cook- month. is nobody in this Chamber wearing a ies are made in Monterey, Mexico. There is a lot of discussion about cri- dark-blue suit who is ever going to lose They left this country to be made in sis around here. The President says So- his job because of a trade deficit. It is Mexico. cial Security is in crisis. It is not. So- just folks working on production lines Fruit of the Loom underwear, shorts, cial Security, if nothing is done, will be and working for American companies shirts—gone. wholly solvent until George W. Bush is who discover that this trade deficit I could go on and on at great length. 106. Clearly, it is not a crisis. Do we means we are buying from abroad what But these are companies who took have to make some adjustments be- we used to buy at home and sending their jobs elsewhere. Why? Because you cause people are living longer? Yes, and American jobs abroad. We are firing can find labor dirt cheap, you can in- we will, and we should. But it is not a the workers at home and doing it re- stantly move technology and capital, crisis. The trade deficit is a crisis. In a lentlessly, day after day after day. and then you can produce that prod- presidential campaign, some time ago, There are some who say, ‘‘I know you uct—yes, bicycles, wagons, underwear, this issue was described as that giant are using these statistics and this data, shirts, shoes, trousers, trinkets, you sucking sound, that giant sucking but what really matters is how it re- name it—you can produce it elsewhere. sound that sucks American jobs out of lates to the entire economy.’’ You can Then you can ship it to Toledo, Fargo, this country. see how it relates to the economy. It is to Los Angeles, Boston, New York, and People say, well, more people are going up, up as a percent of our GDP. sell it to the American consumer. working. But what is happening in this Finally, while our trade deficit is a It is a brilliant strategy, if you are a country? What is happening is good serious problem with Japan, with Can- big corporation that wants to maxi- American jobs are leaving. And, no, it ada, with Mexico, with Europe, this is mize your profits. It is a devastating is not just the manufacturing jobs. It is the 500 pound gorilla—China. It is a strategy, if you have worked all your now all too often engineering jobs, pro- dramatic problem. life in a factory, proud of what you gramming jobs, system design jobs, and I have spoken at length. Some do not produce, and have just been told your others as well. What are the American want to hear it anymore, but it is job is gone. workers replacing the lost jobs with? worth saying again because, you know, Thirty years ago, the largest Amer- Jobs that pay less. Jobs with less secu- repetition is important, at least for ican corporation was General Motors. rity. Jobs without health care. Jobs slow learners. For others, it is impor- People frequently worked for that cor- without retirement capability. That is tant just to remember. Let me describe poration for a lifetime, generally were what is happening in our country. some specific examples. paid a pretty good wage, were paid Again, this town will snore through Incidentally, I notice the Presiding health care and also retirement bene- it. Last Friday, at 8:30 in the morning, Officer smiled a bit. I am not speaking fits. Now, the largest corporation is we get an announcement that in the about anyone in this Chamber being a Wal-Mart. I don’t have to tell you what previous month we had a $57-billion slow learner. These are all advanced the average wage is, what the turnover trade deficit. What was the reaction to learners who serve in the Senate, I am is. The fact is, it is dramatically dif- this town? Just roll over and continue

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12256 CONGRESSIONAL RECORD—SENATE June 13, 2005

laying down and taking another long I could talk about automobiles in (The remarks of Mr. HAGEL are print- nap because nothing much like this China, talk about beef to Japan, I ed in today’s RECORD under ‘‘Morning matters. This is not a crisis. This is not could talk about potato flakes to business.’’) urgent, they say. Korea. The length of the presentation Mr. HAGEL. Mr. President, thank This country has an identity crisis. It could be nearly endless. you. I yield the floor. has to decide what it wants for its fu- But for now let me say last Friday’s I suggest the absence of a quorum. ture, and who will stand up for it. We announcement of one more trade def- The ACTING PRESIDENT pro tem- fought for 100 years on these issues. We icit sells just a bit more of this country pore. The clerk will call the roll. had people die on the streets of this in a way that Warren Buffet, a fellow I The assistant legislative clerk pro- country for the right to organize as greatly admire, says will one day put ceeded to call the roll. workers. People literally died in the us in the position of being share- Mr. DURBIN. Mr. President, I ask streets for the right to organize. Now a croppers because we are selling part of unanimous consent that the order for company can shut down their U.S. op- America with these dramatic trade the quorum call be rescinded. eration, ship the jobs to China, and if deficits. And it is not just selling part The ACTING PRESIDENT pro tem- those workers, at 30 cents an hour, try of our country when you are buying pore. Without objection, it is so or- to organize, they are fired like that. more than you are selling. Not only are dered. Just that quick. your jobs leaving—and in this case TOBACCO SETTLEMENT We had people fighting in the streets they are leaving for much lower Mr. DURBIN. Mr. President, I rise to over child labor laws, over safe work- wages—but in addition to that, you end speak on an issue that appeared in the places, the right to work in a safe up, unlike the budget deficit, which newspapers last week. Last week a cli- plant, the right to expect that a plant you can argue as an economist we owe ent was sold out by his lawyer. It hap- is not going to dump its chemicals into to ourselves, you end up providing, in pens across America on a regular basis. the air and into the water. Nowadays, the hands of foreign governments, cur- It is unfortunate. It is unethical, un- rency, stock, or real estate claims corporations can instantly decide to professional, and basically wrong, but against our country. That affects for- pole-vault over that. We will just fire it happens. eign policies, virtually everything else the American workers and move the The reason why this caught my at- we do. tention, and the attention of many, jobs to another country. I will have more to say about this. was that the lawyer in this case was The other day, I saw a report about But I did not want Friday’s moment to the 470 workers laid off at a General pass, despite the rather sleepy attitude the Attorney General of the United Electric plant making refrigerators. here in Washington, DC. In the hot, States; the client, the American peo- They were told on April Fool’s Day of lazy months of summer, I did not want ple. At issue was a lawsuit brought this year, April 1, it would be the last it to pass without some people under- against the tobacco industry by the day for 470 workers. G.E. was going to standing that some of us think what is Department of Justice. It was a lawsuit discontinue the production of midline, happening is nuts. And some of us be- started under President Clinton and side-by-side refrigerator models that lieve it is time—long past the time—for carried on under President Bush. The supposedly are not competitive or do Congress and the President to have the case was made that the tobacco indus- not have the right product features, backbone, the nerve, and the will to try in America over 50 years deceived but a very similar new line of refrig- stand up for this country’s economic and deliberately misinformed the peo- erators will be started up in the G.E. interests and say: We represent this ple about the dangers of the product Plant in Celaya, Mexico. And that country. We represent the United they were selling. plant will be funded with a loan from States. Last week our lawyers, the Attorney the Export Import Bank, which is to The next time there is a trade agree- General of the United States and the say U.S. taxpayers. ment negotiated, they ought to wear a Department of Justice, the people who This may not matter much to some- jersey that says ‘‘USA.’’ And maybe are supposed to be working endlessly one around here who wears a white they could just look down briefly to see every day to protect the best interests shirt and a blue suit to work and who who they represent and say: I stand for of America, basically walked away is never going to lose their job to cheap this country and this country’s long- from their own case. The Department foreign labor. I don’t know of one jour- term interests. Without that—and we of Justice chose to dismiss credible tes- nalist or one politician in this country have not had that for a long while— timony from its own witnesses, people that has ever lost their job to cheap this country, in my judgment, is con- it had brought into this lawsuit. foreign labor. It is just the folks on the signed to a future of lower wages and a A few months ago, Michael Fiore, assembly line, folks that work for a lower standard of living. who spent his entire career in public living in the plant, often the folks that You will not, in my judgment, long health and the study of tobacco use have to come back in the evening and remain a world economic power with- and cessation, recommended a com- at suppertime and tell their family, I out addressing this issue directly. My prehensive smoking cessation program lost my job today. It wasn’t because I hope is sooner, rather than later, my across America, funded at $5.2 billion a did a bad job. I have worked for that colleagues will join me. year for at least 25 years. Mr. Fiore’s company for 15, or 20, or 25 years. I love Mr. President, I yield the floor and testimony was that we would take the that job. I love it, but I cannot com- suggest the absence of a quorum. money and profits the tobacco compa- The ACTING PRESIDENT pro tem- pete with 30 cents an hour. nies had made by deceiving the Amer- pore. The clerk will call the roll. ican people about the danger of tobacco This country has to try to figure out The assistant legislative clerk pro- what is going on in how it deals with ceeded to call the roll. and cigarettes and use it so that Amer- it. This country really needs to under- Mr. HAGEL. Mr. President, I ask icans currently smoking, addicted, or stand that this is a crisis and this re- unanimous consent that the order for who might be tempted to smoke would quires action and an urgent response the quorum call be rescinded. have a chance to be spared from the by this President and by this Congress. The ACTING PRESIDENT pro tem- disease and death which follows from There is so much to say about trade. pore. Without objection, it is so or- that addiction. I am tempted to continue to talk about dered. Last week, the Justice Department’s the 600,000 cars we get from Korea Mr. HAGEL. Mr. President, I ask lawyer, a gentleman working for Attor- every year. We get the opportunity to unanimous consent that I be allowed to ney General Gonzales by the name of send 3,000 cars back into the Korean speak for 5 minutes as in morning busi- Stephen Brody, shocked the court and marketplace. Unbelievable to me. Just ness. the American people by announcing unbelievable. There are 600,000 vehicles The ACTING PRESIDENT pro tem- that the Justice Department would coming our way from Korea, and we do pore. Without objection, it is so or- only seek a fraction of the money not get cars into Korea. dered. which his own witness had said should

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12257 be recovered by the people. This Assist- Texas, quotes a civil attorney who says The ACTING PRESIDENT pro tem- ant Attorney General, Stephen Brody, he would be ‘‘thrilled’’ if he were rep- pore. Without objection, it is so or- walked into a courtroom and said that resenting a tobacco company in this dered. instead of the $130 billion the tobacco case. The lawyer said: Mr. SPECTER. Mr. President, I rise companies would owe to the people to I’ve never seen anything like this happen to speak on behalf of Mr. Thomas B. help them avoid tobacco addictions, he unless there’s political pressure. Griffith for confirmation to the U.S. would only seek $10 billion. It is obvious something happened in Court of Appeals for the District of Co- Before I was elected to Congress, I this case, and it wasn’t about law. It lumbia. I could not be here in my caused to be a trial lawyer. I used to go was clearly about politics. pacity as chairman of the Judiciary through this routine. But it certainly The Chronicle concludes: Committee to open the debate this didn’t involve billions or even millions If this illustrates the compassion [Attor- afternoon because we had a field hear- of dollars. They were much smaller ney General] Alberto Gonzales promised to ing on juvenile crime in Philadelphia. cases. If I was being sued and someone bring to the job, then he is feeling sorry for But I am here now because I want to had said, Listen, we need $100,000 and the wrong people. express my views as to why I believe that is it, come up with $100,000 or we I agree. This administration has Mr. Griffith is preeminently well quali- are going to trial, I would have to never demonstrated much enthusiasm fied to take on the important job of make an assessment. Is this case one for this tobacco case, which it inher- circuit judge in the District of Colum- that I am likely to win or lose, if I am ited from the Clinton administration. bia. Mr. Griffith has an extraordinary being sued, $110,000, $100,000 on the To its credit, though, the Depart- academic background. He graduated line? But if a few days before the trial ment has avoided public discussion of settlement, prosecuted a strong case, from Brigham Young University with they walked in and said, No, we are brought in the witnesses, until last his bachelor’s degree in 1978, with a wrong. It isn’t $100,000, it is only week. I have joined several of my col- summa cum laude rating and high hon- $10,000, I would think to myself, They leagues in the House and Senate asking ors. He also was valedictorian of his don’t have much of a lawsuit, on one the Attorney General to initiate an in- college. He earned his law degree from day to ask for $100,000 and the next to vestigation surrounding this decision the University of Virginia. During law ask for $10,000. last week to basically sell out the school, Mr. Griffith was a member of In this case, our Attorney General, American people when it comes to this the Editorial and Articles Review through Mr. Brody, was asking the tobacco lawsuit. I call on the Attorney Board of the Virginia Law Review, court for $130 billion. And then last General, through his inspector general which is a very high position at a pres- week, to the surprise of everybody, he or directly, to answer the question: tigious law school. walked in and said, No, only $10 billion. Why did you walk away from the Following law school, Mr. Griffith Does this administration really be- American people in this tobacco law- worked at the Charleston, NC, law firm lieve the people of the United States suit? of Robinson, Bradshaw & Hinson. He won’t notice the Government is willing This Government has signaled to the then continued his very distinguished to leave $120 billion on the table and tobacco industry that the settlement professional career as a partner at walk away from it? will be cheap. While the American peo- Wiley, Rein & Fielding. In 1995, by Well, they did notice. Newspapers ple deserve more, the people’s lawyers unanimous resolution, the Senate, across the country have run editorials appear to be winking at the other side. sponsored by the Republican and and articles criticizing the Department It is hard to imagine a settlement after Democratic leaders, appointed him to of Justice for what appears to be bad last week that would be a good deal for the nonpartisan position of Senate representation of the American people, the American people. I encourage the legal counsel. the fact that the American people were Department to hold off any settlement During his tenure as Senate legal cheated by their lawyer, newspapers discussions until we replace the DOJ counsel, Mr. Griffith tackled a very are from all over the country: Houston, officials who sold us out last week. tough issue relating to the impeach- TX; Lowell, MS; Lakeland, OH; Harris- Those who put pressure on Stephen ment of President Clinton. He did an burg, PA; Tacoma, WA; Albuquerque; Brody have to go. If The Department of outstanding job. He also argued, on be- Denver; Racine, WI; Los Angeles; New Justice can walk into that courtroom half of the Senate, two very important York; and the Washington Post. The and sell out the American people, the matters involving committee inves- country has noticed that a lawyer sold American people need a new lawyer. tigations and the line item veto litiga- out his client because it is a big sell- The purpose of this lawsuit was to tion, which resulted in two landmark out. hold accountable the promoters of to- decisions by the Supreme Court of the The Albany Times Union wrote: bacco use for what has become the United States, At the conclusion of his So, why the sudden about face? Yes, it’s leading cause of preventable death in tenure, Mr. Griffith was unanimously routine for attorneys to suddenly change a America. An early settlement in this endorsed by a bipartisan resolution, co- client’s demand if it appears that the merits case will miss that point entirely. The sponsored by Senator Daschle, Senator of the case are weak, or that a judge or jury Department of Justice set out a de- LOTT, Senator DODD, and Senator appears likely to rule against them. But MCCONNELL, expressing the Senate’s most legal experts had widely believed the tailed case establishing the tobacco in- government would win this case because it dustry’s role in misleading America. gratitude for his services as Senate was based on the same evidence used success- This is a rare opportunity to hold to- legal counsel. fully by state attorneys general to win $246 bacco companies accountable for the There were especially complimentary billion. That evidence . . . showed they knew preventable deaths tobacco causes and remarks made by Senator DODD, who cigarettes were addictive even as they con- to reach those who are addicted to to- said, ‘‘Mark Twain once suggested, ‘Al- ducted campaigns to get young people to bacco today. ways do right. This will gratify some smoke. The Department of Justice chose to people and astonish the rest.’ During The Denver Post editorial was head- walk away, leaving $120 billion and 43 his tenure as legal counsel, Tom exem- lined, ‘‘What Are the Feds Smoking?’’ million American lives behind. plified this philosophy, impressing all Good question. Mr. President, I yield the floor, and I who knew him with his knowledge of The Lowell Sun says: suggest the absence of a quorum. the law and never succumbing to the The dramatic change [in government strat- The ACTING PRESIDENT pro tem- temptation to bend the law to partisan egy] was both shocking and outrageous. Al- pore. The clerk will call the roll. ends. All of us who serve here in the lowing political pressure to interfere in any The assistant legislative clerk pro- Senate know the importance of the trial—particularly one of such importance— ceeded to call the roll. rule of law; but let us never forget that is beyond unacceptable, it’s unconscionable. Mr. SPECTER. Mr. President, I ask it is individuals like Mr. Thomas Grif- Finally, the Houston Chronicle, from unanimous consent that the order for fith whose calling it is to put that ideal the President’s own home State of the quorum call be rescinded. into practice.’’

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12258 CONGRESSIONAL RECORD—SENATE June 13, 2005 Senator Thurmond also expressed the law and never succumbing to the tempta- or may cross that line, we have consistently high praise for Mr. Griffith, as did Sen- tion to bend the law to partisan ends.’’ advised that under such circumstances they ator LOTT. Mr. SPECTER. There has been a should directly associate with lawyers who Beyond his work in the profession, challenge against Mr. Griffith, with re- are licensed in the state and on active status. Our policy has also consistently been Mr. Griffith has found time to give spect to his Utah bar membership. Be- that of those who follow that advice are not back to the community. He serves as cause he serves as general counsel to engaged in the unauthorized practice of an advisory board member to the ABA Brigham Young University, there were law.’’—Letter to Chairman Hatch, July 2, Central European and Eurasian Law some questions raised as to whether he 2004. Initiative. Furthermore, while in pri- should have been a member of the Utah Ethics experts have explained that Mr. vate practice, Mr. Griffith took on a bar. I think that issue has been clari- Griffith has at all times been in compliance significant pro bono representation of a fied, although some are still contesting with rules of ethical professional conduct. death row inmate, which led to the it. I ask unanimous consent to have ‘‘[T]he requirement of membership in a particular bar is not in itself a rule of ethical commutation of the inmate’s sentence printed in the RECORD a full expla- professional conduct, but a lawyers’ ‘guild by the Governor of Virginia. nation of the Utah bar membership rule’ (like minimum fee schedules and re- Mr. President, I ask unanimous con- issue. strictions on advertising) designed to resent to have printed in the CONGRES- There being no objection, the mate- strict competition.—Monroe Freedman, Law SIONAL RECORD, statements of support rial was ordered to be printed in the Professor at Hofstra University and Thomas on behalf of Mr. Griffith. RECORD, as follows: Morgan, Law Professor at GW Law School, Letter to the Editor, New York Times, July There being no objection, the mate- TOM GRIFFITH: UTAH BAR MEMBERSHIP 4, 2004. rial was to be printed in the RECORD, as FACTS ‘‘At best, the requirement of a license is follows: As soon a Mr. Griffith accepted the posi- intended to assure that one who holds him- SUPPORT tion of Assistant to the President and Gen- self out to the public as a lawyer is indeed Seth Waxman said of Mr. Griffith’s nomi- eral Counsel of Brigham Young University competent to serve as a lawyer. In that re- nation, ‘‘I have known Tom since he was (‘‘BYU’’), he sought to determine what gard, there is no question about Mr. Grif- Senate Legal Counsel and I was Solicitor Utah’s requirements were for in-house coun- fith’s competence, which is the only ethical General, and I have the highest regard for sel by consulting with Utah attorneys. issue that is material.’’ Id. his integrity. For my own part, I would Mr. Griffith always has complied with the The ABA and the American Law Institute stake most everything on his word alone. advice he received—when his responsibilities Restatement both support a policy of not re- Litigants would be in good hands with a per- require that he provide legal advice to the quiring in-house counsel to be license in son of Tom Griffith’s character as their University, he does so only in close associa- state, as long as the attorney is licensed in judge.’’ tion with active members of the Utah Bar. at least one state. Glen Ivey, former counsel to Former Sen- Mr. Griffith was told that, as in-house ALI Restatement: ‘‘States have permitted ate Democratic Leader Tom Daschle, wrote counsel, he need not become a member of the practice within the jurisdiction by inside to this Committee, stating, ‘‘I believe Mr. Utah Bar provided that when he gives legal legal counsel for a corporation or similar or- Griffith is an exceptional nominee and would advice, he does so in close association with ganization, even if the lawyer is not locally make an excellent judge. Although Mr. Grif- active members of the Utah Bar. admitted and even if the lawyer’s work con- fith and have different party affiliations and Mr. Griffith has always provided legal ad- sists entirely of in-state activities, when all do not agree on all political matters, I vice in conjunction with one of four attor- of the lawyer’s work is for the employer-cli- learned during the Senate’s Whitewater and neys in his office who are licensed with the ent and does not involve appearances in Campaign Finance Reform investigations Utah Bar, or an outside counsel who is li- court. Leniency is appropriate because the that Mr. Griffith took seriously his oath of censed with the Utah Bar. As BYU’s General only concern is with the client-employer, office. Even when we were handling sensitive Counsel, he has made no court appearances, who is presumably in a good position to as- and politically charged issues, he acted in a nor has he signed any pleadings, motions, or sess the quality and fitness of the lawyer’s non-partisan and objective manner. I believe briefs. work.’’—ALI Restatement, Section 3, Com- Mr. Griffith has the intellect and the tem- Mr. Griffith communicated with Utah ment f. perament to make an outstanding jurist.’’ State Bar officials who were aware that he ABA Model Rules: ‘‘(d) A lawyer admitted According to David Kendall, personal coun- had not sat for the Utah Bar exam. These of- in another United States jurisdiction and sel to President and Senator Clinton, ‘‘For ficials advised Mr. Griffith to associate him- not disbarred or suspended from practice in years Tom has been a leader in the bar and self closely with a Utah Bar member when- any jurisdiction, may provide legal services has shown dedication to its principles. The ever giving legal advice pending his admis- in this jurisdiction that (1) are provided to federal bench needs judges like Tom, an ex- sion to the Utah Bar—which he did. Not once the lawyer’s employer or its organizational cellent lawyer who is supported across the did Utah Bar officials warn Mr. Griffith that affiliates and are not services for which the political spectrum. . . . [W]e support Tom his arrangements were contrary to accepted forum requires pro hac vice admission.’’— and believe he has the intellect and judg- practice—because they weren’t. The Utah Model Rule 5.5(d)(1). ment to be an excellent judge.’’ Bar has affirmed that such arrangements do Mr. Griffith’s sole employer, BYU, was Harvard Law Professor William Stuntz has not constitute practicing law without a li- aware that Mr. Griffith was not a member of known Mr. Griffith for over twenty years. He cense. the Utah Bar and did not require him to be wrote, ‘‘Few people I know deserve to be Numerous former and current Utah Bar of- a member. BYU is the largest private univer- called wise; very few deserve to be called ficials have written letters affirming that sity in the U.S., with campuses and pro- both wise and good. Tom is a wise and good the precautions taken by Mr. Griffith were grams throughout the world—much like a man. I believe he will be one of this nation’s appropriate and in accordance with the Utah multinational corporation. finest judges.’’ Bar rules. Former Dean of BYU Law and Chair of Abner Mikva, a former White House Coun- Five former Presidents of the Utah Bar: BYU General Counsel Search Committee, sel for President Clinton and a former Chief ‘‘While there is no formal ‘general counsel’ Professor H. Reese Hansen: ‘‘The fact that Judge of the U.S. Court of Appeals for the exception to the requirement that Utah law- Mr. Griffith was not a member of the Utah D.C. Circuit, wrote to Senator Leahy, ‘‘I yers must be members of the Utah bar, it has Bar was, of course, well known to all rel- write as an enthusiastic supporter. . . . I been our experience that a general counsel evant decision makers when he was rec- have known Tom Griffith in the public sec- working in the state of Utah need not be a ommended for and hired as Assistant to the tor and in the private sector, and I have member of the Utah Bar provided that when President and General Counsel to BYU.’’— never heard a whisper against his integrity giving legal advice to his or her employer Letter to Chairman Hatch, June 29, 2004. or responsibility. Tom Griffith will be a very that he or she does so in conjunction with an Dean Hansen: ‘‘A lawyer who is employed good judge. I have always found Tom to be associated attorney who is an active member as General Counsel to a [multinational cor- diligent, thoughtful, and of the greatest in- of the Utah Bar and that said general coun- poration] and who provides legal and other tegrity . . . Tom has a good temperament for sel makes no Utah court appearances and services only to his or her employer is obvi- the bench, is moderate in his views and wor- signs no Utah pleadings, motions, or ously not licensed to practice in every juris- thy of confirmation.’’ briefs.’’—John Adams, Charles Brown, Scott diction where the entity has suppliers, cus- Finally, Senator Dodd of Connecticut Daniels, Randy Dryer, Dennis Haslam, Let- tomers, or shareholders or where its adver- noted that Mr. Griffith handled his difficult ter to Chairman Hatch, June 28, 2004. tisements may reach. I view BYU’s Assistant responsibilities as Senate Legal Counsel John Baldwin, Executive Director of the to the President and General Counsel in ex- with great confidence and skill . . . impress- Utah Bar: ‘‘To those general counsel who actly the same situation in regard to his ing all who knew him with his knowledge of cannot avoid circumstances which approach bard membership.... I believe that Mr.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12259 Griffith has conducted his professional serv- not believe the [the Washington Post] or tually any other judicial nominee who ice to his sole client, Brigham Young Univer- anyone else thinks that the inadvertent fail- comes here, because he had been legal sity, in a completely appropriate manner in ure to pay bar dues because no bill was sent counsel to the Senate. I think many all regards and consistent with common is a mark of a lawyer’s character. I have people who know Mr. Griffith on a per- practices of general counsel to large U.S. en- known Tom Griffith in the public sector and tities who conduct multi-state and inter- in the private sector, and I have never heard sonal, intimate basis know of his high national activities.’’ Id. a whisper against his integrity or responsi- ethical standards, his scholarship, and his legal ability. He is soft spoken. He Mr. SPECTER. Similarly, there had bility.’’—Letter to the Editor, Washington Post, June 8, 2004. is mature. He is knowledgeable. I think been an issue regarding Mr. Griffith’s David Kendall, private attorney to former he will make a fine circuit judge. lapsed membership in the District of President Clinton, and Lanny Breuer, former Mr. Griffith comes with an especially Columbia bar, which occurred because Associate Counsel to President Clinton: strong recommendation from the of an administrative oversight. ‘‘Contrary to the Post’s implication, Tom is former chairman of the Judiciary Com- Excuse me; nothing is as troublesome an outstanding attorney who takes his re- mittee, Senator HATCH, who has known as a pesky summer cold. Without this sponsibilities as a member of the bar seriously. . . . As soon as he realized that bills Mr. Griffith personally for many years, cold, my speech would be considerably and speaks very highly of him. longer, Mr. President, so there are were unpaid, he paid them. Tom took the common and proper course of action under Regrettably, I cannot be here tomor- some advantages, at least, for anyone the circumstances. This innocent oversight row to speak again, as is the practice who may be watching on C–SPAN—if has no bearing on his ability to serve as a for the chairman to speak immediately anyone watches C–SPAN during these judge.’’—Letter to the Editor, Washington before leadership, because I will be late afternoon proceedings of the Sen- Post, June 11, 2004. traveling in Pennsylvania with Presi- ate. I ask unanimous consent that a Former ABA Presidents Bill Ide and Sandy dent Bush. Tom Griffith is an out- D’Alemberte, along with 11 other attorneys: full explanation of the DC Bar member- standing candidate, and I urge my col- ship issue also be printed in the ‘‘By immediately paying his dues when he became aware of the oversight, Tom took the leagues to vote to confirm him. RECORD. proper course of action. According to D.C. Mr. President, in the absence of any There being no objection, the mate- Bar counsel, such an oversight is entirely Senator seeking recognition, in fact, in rial was ordered to be printed in the common and of no major concern, particu- the absence of any other Senator on RECORD, as follows: larly where no reminder notice is sent out. the floor, I suggest the absence of a TOM GRIFFITH: D.C. BAR MEMBERSHIP In fact, Tom was promptly reinstalled after quorum. FACTS he paid his accrued dues, without any ques- The PRESIDING OFFICER. The tions raised about possible sanctions.’’—Let- In 2001, Mr. Griffith discovered that his clerk will call the roll. ter to Chairman Hatch, June 14, 2004. The assistant legislative clerk pro- D.C. Bar membership had been suspended for Ethics Expert, Professor Monroe H. Freed- failing to pay his annual dues. As soon as he man, Hofstra University Law School: ‘‘In the ceeded to call the roll. became aware of the problem, he paid the District of Columbia, Mr. Griffith had in fact Mr. BENNETT. Mr. President, I ask dues and was reinstated as a bar member in been a member of the bar in good standing; unanimous consent the order for the good standing. the only problem was a temporary lapse in quorum call be rescinded. Mr. Griffith accepts full responsibility for the payment of dues, which he promptly The ACTING PRESIDENT pro tem- the oversight, and he brought the lapse in remedied when he became aware of it. He pore. Without objection, it is so or- his membership to the attention of the Sen- thereby once again became, and remains, a dered. ate Judiciary Committee in his question- member of the D.C. Bar in good standing. Mr. BENNETT. Mr. President, I un- naire. Neither the bar nor anyone else has ever derstand the debate is on the qualifica- Having worked as an attorney at a large questioned Mr. Griffith’s competence to D.C. law firm from 1991–1995, Mr. Griffith be- tions of Thomas Griffith. practice law.’’—Letter to Chairman Hatch, The ACTING PRESIDENT pro tem- came accustomed to the firm’s practice of June 29, 2004. paying its attorney’s bar dues. Mr. Griffith was ‘‘administratively sus- pore. The Senator is correct. When Mr. Griffith became Senate Legal pended’’ from the D.C. Bar for failure to pay Mr. BENNETT. I wish to make a few Counsel, he was late in paying his 1997 D.C. his bar dues. No disciplinary action was ever comments with respect to Mr. Griffith. Bar dues, and as a result, was suspended taken against him. I ask all Members of the Senate to from the D.C. Bar for approximately five * Former ABA Presidents Bill Ide and think back on what for many of us will weeks. As soon as Mr. Griffith became aware Sandy D’Alemberte, along with 11 other at- be the most dramatic experience we of the problem in January 1998, he paid the torneys: ‘‘The Post improperly equated dues and was reinstated as a member in good had as Members of this body. It was an Tom’s situation to ‘disciplinary suspension,’ unprecedented situation, certainly in standing. a rare sanction imposed only when a lawyer In 1998, while still serving as Senate Legal knowingly refuses to pay bar dues. It was this, the last century. You had to go all Counsel, Mr. Griffith unintentionally failed nothing of the kind. When advised of the the way back to Abraham Lincoln’s to pay his 1998 D.C. Bar dues and was sus- problem, Tom promptly paid his dues in time to find anything similar to it, pended as a result. He was unaware of his full.’’—Letter to Chairman Hatch, June 14, when we met in this body with the suspension at the time. 2004. Chief Justice of the United States, Wil- When Mr. Griffith returned to his former liam Rehnquist, sitting in the chair, law firm in March 1999, he wrongly assumed, Mr. SPECTER. We had a second hear- based on his prior experience at the firm, ing for Mr. Griffith this year, after I and held an impeachment trial of the that the firm was paying dues on his behalf. became chairman, because his original President of the United States. He continued to have no knowledge of sus- hearing was not well attended. It was I doubt very much that will ever hap- pension. held at the end of the last session. At pen again. It was a very different kind Mr. Griffith paid his back dues as soon as the hearing this year, I think we ex- of trial than the one that occurred he discovered the problem in 2001. He was plored in considerable detail the issue with Andrew Johnson the first time promptly reinstated as a member in good of his DC bar membership. this happened. That was purely polit- standing of the D.C. Bar. Since then, he has It is always a difficult matter when a ical with Andrew Johnson, and every- paid his D.C. Bar dues in a timely manner and remains a D.C. Bar member in good lawyer is a member of one bar and body recognized that. I remember a standing. seeks to become a member of another. Member of this body saying that we Mr. Griffith’s situation is not at all un- I know I went through a similar issue had actually had three impeachment usual. D.C. Bar counsel quotes that every when I took the New Jersey bar, 23 situations in our history: The first, An- year over 3,000 D.C. lawyers (and a number of years after I attended law school. It is drew Johnson; the second that never sitting judges) are ‘‘administratively susan experience, but I went through it. got to the Senate, which was Richard pended’’ for late payment of dues. However, I think this by no means dis- Nixon; and the third, President Clin- An inadvertent failure to pay bar dues does ton. The Senator said Andrew Johnson, not reflect poorly on Mr. Griffith’s character qualifies Mr. Griffith, and I think the or ability to serve as a judge on the U.S. Cir- issue has been adequately explained on clearly not guilty, clearly a political cuit Court of Appeals. the record. vendetta; Richard Nixon, clearly Abner Mikva, former Chief Judge, U.S. Tom Griffith is well known in the guilty, clearly should have been re- Court of Appeals for the D.C. Circuit: ‘‘I can- Senate, perhaps better known than vir- moved—he stopped that by resigning;

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12260 CONGRESSIONAL RECORD—SENATE June 13, 2005

and then he said the Clinton one was in and Senator LOTT was Tom Griffith, Mr. LOTT. Mr. President, I would between. It was a close case that could the Senate’s counsel who would sit like to state my support for the nomi- have gone one way or the other. down with the Republicans and de- nation of Thomas B. Griffith to the Some of my friends on the Demo- scribe to Senators the precedent, out- U.S. Court of Appeals for the D.C. Cir- cratic side of the aisle said it is not a line what the consequences would be if cuit. I believe that Mr. Griffith will question of whether he did it. It is not we did this, that, or the other. He serve the Federal judiciary with honor a question of whether it was a high would then sit down with the Demo- and distinction. crime and a misdemeanor. The only crats and do exactly the same thing Mr. Griffith served as Senate Legal question was whether it was a serious from a standpoint of evenhandedness, Counsel while I was majority leader, enough high crime and misdemeanor fairness, great respect for the law, and and I found him to be intelligent, hon- on the part of the President of the through documentation and examina- orable, and supremely qualified for this United States to justify removing him tion, thorough scholarship and re- position on the Federal bench. As Sen- from office. I think that was a thought- search. ate Legal Counsel, he represented the ful summary of where things were. The Senate counsel who did all of Senate, its committees, Members, offi- Why am I saying all of this with re- those things and helped the Senate cers, and employees in litigation relat- spect to Thomas Griffith? Because dur- through, arguably, one of its most dif- ing to their constitutional powers and ing the period that the Senate went ficult times in the last 100 years, is the privileges; advised committees about through that very difficult and historic man now before the Senate to be a cir- their investigatory powers and proce- debate, the counsel to the Senate of cuit judge. dures; and represented the institu- the United States was Thomas Griffith. I am very surprised people have such tional interests of the Senate with In that position, he served both sides. short memories. People who were com- honor. He was not counsel to the majority, he plaining about Tom Griffith not being He was appointed to that nonpartisan was not counsel to the minority, he qualified for the circuit court bench, position by a unanimous resolution was the Senate’s counsel. where were they when he was qualified sponsored by the leaders on both sides I remember very well the conversa- and performing magnificently on their of the aisle. In addition to his service tions that took place here, both for- behalf as the counsel of this body? to this body, Mr. Griffith has obtained mally and informally. Have they no memory of the profes- extensive legal experience in private I remember the time when we were in sionalism, the deep research, the even- practice in civil, criminal and regu- a quorum call where the then minority handed fairness that Tom Griffith latory matters. leader, Tom Daschle, and the then ma- showed on that occasion? Don’t they Mr. Griffith currently serves as as- jority leader, TRENT LOTT, met in the remember how he served, regardless of sistant to the president and general well of the Senate, other Senators party, the law, the precedent, and the counsel of Brigham Young University, pressed forward, and pretty soon we institution? a position he has held since August of had about 30 Senators gathered around We can talk about opinions. We can 2000. As general counsel for BYU he is talking: What can we do, how can we talk about papers written. We can talk responsible for advising the university resolve this, where can we go? about positions taken. All of these are on all legal matters, including the The decision was made, as a result of important in deciding what we should management of all litigation involving that, the Senate would go into the old do with respect to a circuit court the university. Senate Chamber in executive session, judge. But I cannot think of any place Evidence of qualification can also be where there were no television cam- where we could duplicate the crucible found in Mr. Griffith’s outstanding aca- eras, there were no reporters, there was in which a potential judge’s capabili- demic record. He graduated summa no staff, other than the absolutely es- ties are tried that would approach the cum laude from BYU, receiving high sential one or two. We talked about crucible through which Tom Griffith honors with distinction from its Hon- how we could get through this difficult has come. ors Program. He later received his time. I intend to support him. I urge my Juris Doctor from the University of One of the speeches given in that colleagues to support him. He will Virginia School of Law and served on chamber made this comment about the make an outstanding circuit court the editorial and articles review board impeachment proceedings with respect judge. of the Virginia Law Review. to President Clinton. He said: This case I, ultimately, come to a very per- Mr. Griffith has the support of a is toxic. It has sullied the Presidency. sonal kind of test. If I were on trial for broad, bipartisan group of attorneys It has stained the House of Representa- some very complicated situation, some and law professors, including Abner tives. It is about to do the same thing very Byzantine kind of charge that re- Mikva, former Chief Judge of the Court to us. quired a great legal mind to cut of Appeals for the D.C. Circuit. Unfortunately, the Senator made through to the real issues, would I This nominee has also served on the that prediction, with which I agree, but want that case to be tried before Tom American Bar Association Central Eu- had no solution. He was just short of Griffith sitting on the bench? My an- ropean and Eurasian Law Initiative’s explaining how difficult that was going swer, as I have thought about it, is Advisory Board. With the CEELI, he to be out of a sense almost of resigna- clearly, yes. If I were on trial, and I participated in the training of judges tion that this particular case was going needed a judge who had the capacity to and lawyers in Croatia, Serbia, Russia, to end up besmirching the Senate as cut through all the extraneous matter the Czech Republic and several other badly as it had stained the Presidency and get to the heart and render an ac- countries and has actively worked to and the House of Representatives. curate decision, I would want Tom establish a regional judicial training When it was all over, some 30 days Griffith to be the judge in that kind of institute in Prague. His experiences in later, that particular prediction had case. these unique endeavors should be of not come true. The Senate had not I hope I am never on trial in a case particular value during his tenure on been stained. Indeed, it was one of the that goes before the circuit court. But the bench. Senate’s finest hours. We had come to- there are those who will be. There are Additionally, between 1991 and 1995, gether in a civil way, with a deliberate those who will have that challenge and Mr. Griffith dedicated hundreds of understanding of our responsibility. We have that experience. The best thing I hours in the pro bono representation. had acted responsibly. Every Member can do for them is to vote to put Tom He has also represented disadvantaged of the Senate had voted his or her own Griffith on the court so he will be there students in the public school system in conscience, and we had disposed of the to render that kind of service and that North Carolina during due process case in a manner that reflected well kind of expertise on their behalf. hearings that accompanied disciplinary upon the Senate. I hope he is confirmed. I will vote for actions. In that situation, the legal mind that his confirmation. I urge all of my col- The American Bar Association has was counselling both Senator Daschle leagues to do the same. stated that Mr. Griffith is qualified for

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12261 this position in the Federal judiciary, years, the House of Representatives It enfranchised millions of African- and I concur. passed three antilynching bills. Each American voters and it brought many I suggest the absence of a quorum. bill died in the Senate, and the Senate black politicians into office. The ACTING PRESIDENT pro tem- made a terrible mistake. Section 4 of the Voting Rights Act pore. The clerk will call the roll. The tyranny of lynch mobs created will be up for reauthorization in 2007. The legislative clerk proceeded to an environment of fear throughout the President Reagan signed into law a 25- call the roll. American South. Lynching took inno- year reauthorization in 1982. Mr. VOINOVICH. Mr. President, I ask cent lives. It divided society, and it Section 4 contains a temporary unanimous consent that the order for thwarted the aspirations of African preclearance provision that applies to the quorum call be rescinded. Americans. Lynching was nothing less Alabama, Georgia, Louisiana, Mis- The ACTING PRESIDENT pro tem- than a form of racial terrorism. sissippi, South Carolina, Texas, Vir- pore. Without objection, it is so or- It took the vision and courage of men ginia, and parts of Alaska, Arizona, Ha- dered. and women such as Mary White waii, Idaho, and North Carolina. (The remarks of Mr. VOINOVICH are Ovington, W.E.B. Du Bois, George H. These States must submit any voting printed in today’s RECORD under White, Jane Adams and, of course, fel- changes to the U.S. Department of Jus- ‘‘Morning Business.’’) low Tennessean Ida Wells-Barnett to tice for preclearance. If the Depart- I suggest the absence of a quorum. pass Federal laws against lynching and ment of Justice concludes that the The ACTING PRESIDENT pro tem- put an end to the despicable practice. change weakens the voting strength of pore. The clerk will call the roll. Ida Wells-Barnett, indeed, may have minority voters, it can refuse to ap- The legislative clerk proceeded to done more than any other person to ex- prove the change. call the roll. pose the terrible evils of lynching. A While I recognize that this can im- Mr. FRIST. Mr. President, I ask school teacher from Memphis who put pose a bureaucratic burden on States unanimous consent that the order for herself through college, she became acting in good faith, we must continue the quorum call be rescinded. one of the Nation’s first female news- our Nation’s work to protect voting The ACTING PRESIDENT pro tem- paper editors. A civil rights crusader rights. That is why we need to extend pore. Without objection, it is so or- from her teens, Ida Wells committed the Voting Rights Act. Quite simply, we owe civil rights pio- dered. herself to the fight against lynching Mr. FRIST. Mr. President, I ask neers such as Ida Wells nothing less. after a mob murdered her friends— unanimous consent to speak as in I hope the day will come when racism Thomas Moss, Calvin McDowell, and morning business for what time is re- and prejudice are relegated completely Henry Stewart. quired. to our past. This resolution is a posi- The PRESIDING OFFICER. Without These three men, driven by their en- tive step in the right direction. objection, it is so ordered. trepreneurial energy, opened a small Transforming our Nation requires grocery store that catered primarily to f that we recall our history—all of it. We African Americans. They took business can become a better people by cele- A FAILING OF THE SENATE away from nearby White business own- brating the glories of our past—but Mr. FRIST. Mr. President, in 45 min- ers. Driven by hatred and jealousy, by also our imperfections. That includes utes or so, we will be turning to an im- rage and prejudice, an angry White continuing to do our utmost to protect portant issue which people have spoken mob stormed their store. Acting in voting rights for all Americans. to over the course of the day, an issue self-defense, Wells’ three friends fired Mr. REID. Mr. President, this past we will be spending the evening on. It on the rioters. The police arrested the Friday, I was in Cincinnati. I had some is an issue that is one of the worst grocers for defending themselves. The business to conduct there, but my failings of this institution in our his- mob kidnapped all three from jail, and plane got in early, and I had some time tory, a failing surrounding a refusal to all three were murdered in the Mem- on my hands. My staff said: Would you act on our part against lynching, phis streets. like to go to a new museum that against vigilantism, against mob mur- These brutal murders galvanized opened in August of 2004? I said: Sure, der. It has been a shame in many ways. Wells into action. Her righteous anger, I will be happy to. It is a museum that We have to be careful when we use that blistering editorials, and strong sense is dedicated to forcing us to remember word, but when we look at the reality of justice further enraged Memphis big- what went on in the dark days of the of missed opportunities to act, we can, ots. They burned her newspaper presses history of this country dealing with with justification, use the word and threatened to murder her. Wells slavery. ‘‘shame’’ on the institution and a moved to Chicago and became one of The museum is done so well. You shame on Senators who didn’t just fail that city’s leading social crusaders. walk in, and the first thing you see is to act but deliberately kept the Senate Wells’ book ‘‘Southern Horrors: Lynch this large facility—big, tall—and it is a and the whole of the Federal Govern- Law in All Its Phases’’ and her dogged facility that was used in the late 1700s, ment from acting and from acting investigative reporting exposed mil- 1800s for holding slaves. The upper proactively. lions of Americans to the brutality of story—using that term loosely—was Although deep scars will always re- lynching. In a nation rife with racism for the men and the bottom for the main, I am hopeful we will begin to and prejudice, Ida Wells and her col- women. They still have the shackles heal and help close the wounds caused leagues began the civil rights move- there, the chains that were used to by lynching. Four out of five lynch ment. They helped bring us integra- hold these people. They have the writ- mob victims were African American. tion. They paved the way for equality. ing on the walls used to describe what The practice followed slavery as an And they taught all of us that racism these human beings were worth, how ugly expression of racism and preju- is a terrible evil. much money, and for what they could dice. In the history of lynching, mobs After many years of struggle, after be used. murdered more than 4,700 people. Near- many setbacks, and after much heart- So it is very appropriate that I rely 250 of those victims were from my ache, they won. From President Tru- turned to Washington today since we State of Tennessee. Very few had com- man’s Executive order ending segrega- are going to debate some legislation mitted any sort of crime whatsoever. tion in the Armed Forces to the 1964 that is very pertinent. Lynching was a way to humiliate, to Civil Rights Act, a series of civil rights In this body’s two centuries of his- repress, to dehumanize. laws moved the Nation toward legal tory, we have done many great things. The Senate disgracefully bears some equality. We sent men to the Moon, created of the responsibility. Between 1890 and But no civil rights law is as impor- schools for our kids, fed the hungry, 1952, seven Presidents petitioned Con- tant to our Nation’s political process and lent a helping hand to struggling gress to ban lynching. In those same 62 as the 1965 Voting Rights Act. families. But today I rise to speak

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12262 CONGRESSIONAL RECORD—SENATE June 13, 2005 about one of this institution’s great honor the legacy of these victims by Whereas lynching was a crime that oc- failures—its shameful refusal to enact continuing to confront the challenges curred throughout the United States, with antilynching legislation in the first in civil rights before us in enacting leg- documented incidents in all but 4 States; half of the 20th century. islation that will protect, for example, Whereas at least 4,742 people, predominantly African-Americans, were reported Today, one of the saddest chapters in voting rights and improve the lives of lynched in the United States between 1882 our Chamber’s history will come to a so many Americans. and 1968; close when we apologize for the Sen- First, I encourage my colleagues on Whereas 99 percent of all perpetrators of ate’s inaction. I join my colleagues in both sides of the aisle to stand strong lynching escaped from punishment by State apologizing to the deceased victims of in support of reauthorizing the Voting or local officials; lynchings and their surviving loved Rights Act. Whereas lynching prompted African-Amer- ones. I pray this Chamber will never Second, disparities between African icans to form the National Association for fail to see this injustice that was done. Americans and Whites in health care the Advancement of Colored People (NAACP) and prompted members of B’nai B’rith to We must realize and understand what and education are still too great. I en- found the Anti-Defamation League; it was. It was an injustice. courage this body to support legisla- Whereas nearly 200 anti-lynching bills were While the exact number is impossible tion that will improve health care introduced in Congress during the first half to determine, records indicate that among African Americans, improve of the 20th century; since 1882—the best records we have— educational resources, and provide op- Whereas, between 1890 and 1952, 7 Presi- 4,749 individuals have died from lynch- portunities for African Americans in dents petitioned Congress to end lynching; ing, men and women, mostly men, and many different avenues. Whereas, between 1920 and 1940, the House most of them by far African Ameri- Finally, I ask the families of the vic- of Representatives passed 3 strong anti- cans. These Americans were killed, tor- tims of these terrible crimes to accept lynching measures; Whereas protection against lynching was tured, mutilated, and maimed with the Senate’s apology, and I pray that the minimum and most basic of Federal re- near impunity. Most were denied due my colleagues will act positively on sponsibilities, and the Senate considered but process under the law, and their killers upcoming legislation to honor the failed to enact anti-lynching legislation de- rarely—very rarely—faced con- souls of those passed and that they spite repeated requests by civil rights sequences for their actions, as indi- may finally rest in peace. groups, Presidents, and the House of Rep- cated by the prayer offered today by Mr. President, I yield the floor and resentatives to do so; our Chaplain which indicated little less suggest the absence of a quorum. Whereas the recent publication of ‘‘With- than 1 percent who saw some retribu- The ACTING PRESIDENT pro tem- out Sanctuary: Lynching Photography in America’’ helped bring greater awareness tion in the courts. The Senate’s inac- pore. The clerk will call the roll. and proper recognition of the victims of tion helped create a culture of accept- The bill clerk proceeded to call the lynching; ance toward these heinous crimes roll. Whereas only by coming to terms with his- against humanity. Ms. LANDRIEU. Mr. President, I ask tory can the United States effectively cham- Photos from this book—‘‘Without unanimous consent that the order for pion human rights abroad; and Sanctuary’’ is the name of the book—a the quorum call be rescinded. Whereas an apology offered in the spirit of book of lynchings that occurred in The PRESIDING OFFICER (Mr. true repentance moves the United States to- America, and it is depicted in photo- CHAFEE). Without objection, it is so or- ward reconciliation and may become central to a new understanding, on which improved graphs—photographs that are so hard dered. Ms. LANDRIEU. I ask unanimous racial relations can be forged: Now, there- to accept—is the principal reason we fore, be it are here today, this one book. consent that the debate time on the Resolved, That the Senate— This book shows men, women, chil- Griffith nomination be yielded back (1) apologizes to the victims of lynching for dren donning their finest clothing and and the Senate proceed to legislative the failure of the Senate to enact anti-lynch- gleefully posing in front of deceased session in order to consider S. Res. 39. ing legislation; people who had been hanged and, prior The PRESIDING OFFICER. Without (2) expresses the deepest sympathies and to being hanged, often mutilated. Even objection, it is so ordered. most solemn regrets of the Senate to the descendants of victims of lynching, the ances- worse, many photos were turned into f tors of whom were deprived of life, human postcards, until 1908, when the Senate LEGISLATIVE SESSION dignity, and the constitutional protections at least amended U.S. Postal Service accorded all citizens of the United States; regulations to forbid the mailing of The PRESIDING OFFICER. Under and lynching photographs made into post- the previous order, the Senate will now (3) remembers the history of lynching, to cards. Think about that. return to legislative session. ensure that these tragedies will be neither American history is rich with stories f forgotten nor repeated. of heroes and heroines, as well as patri- APOLOGIZING TO LYNCHING VIC- Ms. LANDRIEU. Mr. President, to- ots, of patriotism. However, the lynch- TIMS AND THEIR DESCENDANTS night this body will take an important ing of so many Americans will always and extraordinary step. The Senate be a stain on our great democracy. The PRESIDING OFFICER. The will, belatedly but most sincerely, Only after passage of time, only after clerk will report the resolution by issue a formal apology to the victims growing pressure from civil rights or- title. of lynching and their families, some of The bill clerk read as follows: ganizations, only after over 200 whom are with us tonight in this antilynching bills, condemnation by A resolution (S. Res. 39) apologizing to the Chamber, for its failure to pass foreign nations, petitions from seven victims of lynching and the descendants of antilynching legislation. those victims for the failure of the Senate to U.S. Presidents, and outcries from the enact anti-lynching legislation. Without question, there have been African-American press and some other grave injustices committed in Ms. LANDRIEU. Mr. President, I ask mainstream publications did the occur- the noble exercise of establishing this unanimous consent that the clerk pro- rence of this horrible act decline. But great democracy. Some have already ceed with the reading of the resolution. this book, published in 2000, is the real been acknowledged and addressed by The PRESIDING OFFICER. Without reason we are moving today. this and previous Congresses, and our objection, it is so ordered. It is my sincere hope that the rel- work continues. However, there may be The bill clerk read as follows: atives of the victims of these horrible no other injustice in American history acts will accept this body’s sincere Whereas the crime of lynching succeeded for which the Senate so uniquely bears slavery as the ultimate expression of racism responsibility. In refusing to take up apology and take solace in the Senate in the United States following Reconstruc- finally recognizing its shortcomings. tion; legislation passed by the House of Rep- It is also my sincere hope that the Whereas lynching was a widely acknowl- resentatives on three separate occa- Senate does not stop with its apologies. edged practice in the United States until the sions and requested by seven Presi- There is much more to be done. We can middle of the 20th century; dents from William Henry Harrison to

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12263 Harry Truman, the Senate engaged in a not been completely told, and it needs a tree limb. The mob would keep him different kind of culpability. to be told tonight and every day into there in that position until he almost Beginning in 1881, this tragic phe- the future. died then lower him again to begin the nomenon of domestic terrorism was As you can see, there are children torment all over. documented in large measure through gathered here. These are children look- After several hours, and I guess the the groundbreaking and heroic efforts ing up at this man hanging from a tree. crowd exhausted themselves, they just of Ida B. Wells-Barnett and the inde- History will record that some of these decided to kill him. His body was then pendent newspapers and publications. children were let out of Sunday schools dragged by car back to Marianna, and From that year until 1964, 4,742 Amer- to attend the lynchings. History will 7,000 people from 11 States were there ican citizens were lynched. These are record that some businesses closed to see his body in the courthouse of the the recorded numbers. Historians esti- down so that the whole town could at- town square. Pictures were taken and mate the true number to be much high- tend these lynchings. History will sold for 50 cents a piece. er. record that these lynchings did not One might ask, how do we know all An apology alone can never suffice to occur mostly at night or in the back the grizzly details of Claude Neal’s heal the harm that was done, and for woods or across the levees—lynchings death? It is very simple. The news- many victims justice is out of reach. were a community event. In many in- papers in Florida had given advance Yet I believe, and this resolution lays stances, it was a form of public enter- notice. They recorded it one horrible forth the principle, that a sincere and tainment. It was mass violence, an moment after another. One of the heartfelt apology is a necessary first open act of terrorism directed pri- members of the lynch mob proudly re- step toward real healing. marily against African Americans and layed all the details that reporters had It is important that the people of our others who sympathized with their missed in person. Yet, even with the country understand the true nature of cause. public notice, 7,000 people in attend- this unprecedented rampage of terror. If we are truly to understand the ance, and people bragging about the ac- Many Americans have images from magnitude of this tragedy, we must tivity, Federal authorities were impo- popular books and movies, like ‘‘To study the stories behind this grim patent to stop this murder. State au- Kill a Mockingbird,’’ that cloud their rade of death. thorities seemed to condone it, and the understanding of lynching. A group of In March of 1892, three personal Senate of the United States refused to angry White men take an accused and friends of Ida B. Wells opened the ‘‘Peo- act. presumed guilty Black man deep into ple’s Grocery Company,’’ a store lo- Time went on. In 1955, just 9 years be- the woods and hang him. Those are the cated across the street from a White- fore Congress passed the Civil Rights images, although accurate and tragic, owned grocery store that had pre- Act, the world witnessed the brutal but they delude us from the true na- viously been the only grocer in the lynching of Emmett Till. Fourteen ture of lynching in this dark period of area. Angered by the loss of business, a years old, Emmett Till was excited American history. mob gathered to run the new grocers about his trip from his home on Chi- The thought of a small, angry mob out of town. Forewarned about the at- cago’s southside to the Mississippi murdering Black prisoners in the dead tack on their store, the three owners Delta. Like many children during the of night ignores the reality of lynching armed themselves for protection, and summer, he was looking forward to vis- iting his relatives. Prior to his depar- in most respects. We are fortunate and in the riot that ensued, one of the busi- ture, his mother, Maimie Till Bradley, grateful that a passionate and resolute nessmen injured a White man. All a teacher, had done her very best to ad- independent scholar named James three were arrested and jailed. Days vise him about how to behave while in Allen saw something catalytic in the later, the mob kidnapped the men from Mississippi. With his mother’s warning photographic evidence of lynching, and jail and lynched them. This was the and wearing the ring that had belonged he began to collect these gruesome and case that led Ida B. Wells to begin to to his deceased father, on August 20, horrific photographs. His work, ‘‘With- speak out against this injustice. 1955, Till set off with his cousin, Curtis out Sanctuary,’’ showed the real faces Her great grandson is with us today. Jones, on a train to Mississippi. of lynching, and the images he unveiled He has told this story through the halls Once there, he and some friends went began to change the way people viewed of Congress to give testimony to her to buy some candy at the general store. these tragic events and called to sev- life and to her courage and to her his- According to his accusers, this young eral of us in the Senate to issue this toric efforts. Without the work of this 14-year-old whistled at a store clerk as apology tonight. It is because of his extraordinarily brave journalist, this he left. She happened to be a white work, this book, that the Committee story never really could have been told woman. for a Formal Apology and the families in the way it is being told now, today, Armed with pistols, the mob took of the lynching victims—and some vic- and talked about here on the Senate Emmett from his uncle’s home. His tims themselves who are here—are here floor. To her, we owe a great deal of uncle is with us tonight. They took today and that this important historic gratitude. She knew these men person- him in the middle of the night. Three resolution is before the Senate. ally. She knew they were businessmen. days later his little body was discov- I would like to show some of these They were not criminals. She knew ered in the Tallahatchie River, weighed photographs now. This is one of the they were successful salespeople, not down by a 75-pound cotton gin fan tied hundreds—thousands of photographs of common thugs. And she wrote and she around his neck with barbed wire. His men, women, and children who were spoke and she tried to gather pictures face was so mutilated when Wright lynched in this Nation, lynching that to tell a story to a nation that simply identified the body he could only do so occurred—a citizen of our Nation, refused to believe. based on the ring that he had been lynched. As your eyes look at this pic- Forty-two years and thousands of wearing. ture, they are immediately drawn to lynchings later is the case of Claude Coincidentally, through no asking of the victim. These hangings were some- Neal of Marianna, FL. After 10 hours of our own, but I guess it is appropriate, times—in most instances—very brutal torture, Claude Neal ‘‘confessed’’ to the the trial of his accused murderer, events. Sometimes the hanging itself murder of a girl with whom he was al- Edgar Ray Killen, begins today in Mis- came after hours of torture and just ex- legedly having an affair. For his safety, sissippi. cruciating fear and humiliation. he was transferred to an Alabama pris- While the details that led to the After this book was published and on. A mob took him from there. They lynching are not always clear from just these pictures came into more full view cut off his body parts. They sliced his these few that I have described, there of the American public, what happens side and stomach. People would ran- is little doubt what took place at the is your eyes leave the figure of the vic- domly cut off a finger here, a toe there. lynchings themselves. In most in- tim and move to the audience. This is From time to time, they would tie a stances, prelynching newspaper no- part of the story that, in my mind, has noose around him, throw the rope over tices, school closings to allow children

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12264 CONGRESSIONAL RECORD—SENATE June 13, 2005 to view the spectacle, special order W.E.B. Du Bois summarized the mo- October, 1878, Joshua Hall, Ouachita Par- trains to carry people to the event, are tivation behind these slayings per- ish, Unknown, Black, Mass. all part of a gruesome but true part of fectly when he said: October, 1878, Sam Wallace, Ouachita Par- ish, Unknown, Black, Mass. . . . [T]he South feared more than Negro America’s history. November 5, 1878, Unidentified Man, dishonesty, ignorance and incompetency, Jazz legend Billy Holiday provided Ouachita Parish, Unknown, Black, Un- Negro honesty, knowledge, and efficiency. real texture in her story and song known. ‘‘Strange Fruit.’’ She defied her own With slavery abolished by the Civil November 5, 1878, Unidentified Man, record label and produced and pub- War, a group of Americans had to men- Ouachita Parish, Unknown, Black, Un- lished the song on her own, was threat- tally justify as inferior and subhuman known. ened with her life because she contin- those who suddenly were equals and November 5, 1878, Unidentified Man, competitors. Having lost the war Ouachita Parish, Unknown, Black, Un- ued to sing it. But like so many things, known. words can’t always describe what is throughout the South, watching the progress of former slaves was simply November 5, 1878, Unidentified Man, happening, even though speeches were Ouachita Parish, Unknown, Black, Un- given, words were written, newspapers too much in that region and in other known. were published. regions throughout the country, as November 5, 1878, Unidentified Man, The words to the song are as follows: well. Ouachita Parish, Unknown, Black, Un- As a senior Senator from the State of known. Southern trees bear a strange fruit Louisiana, I feel compelled to spend December 3, 1878, Moustand, Franklin, St. Blood on the leaves and blood at the root, just a few moments, before I acknowl- Mary Parish, Attempted Rape, Black, Pri- Black body swinging in the Southern breeze, vate. Strange fruit hanging from the poplar trees. edge my friend and cosponsor in the Senate, Senator GEORGE ALLEN, who December 15, 1878, Victor Bryan, New Pastoral scene of the gallant South, has brought this resolution to the at- Roads, Pointe Coupee Parish, Murder, Black, The bulging eyes and the twisted mouth, Private. Scent of magnolias sweet and fresh, tention of our Senate colleagues. September 1, 1879, George Williams, And the sudden smell of burning flesh. Louisiana has a distinct history from Ouachita Parish, Threats Against White, Here is a fruit for the crows to pluck, much of the United States due to its Black, Private. For the rain to gather, for the wind to suck, long colonial ties with both France and August 20, 1879, Ed. Rabun, Shiloh, Union For the sun to rot, for a tree to drop, Spain. One consequence of this history Parish, Attempt to Rape, Black, Unknown. Here is a strange and a bitter crop. is that Louisiana had more free people October 29, 1879, W.J. Overstreet, of color than any other Southern Farmerville, Union Parish, Murder, White, Something in the way she sang this Mass. song, something in the pictures that State. Nearly 20,000 Louisianians who were largely concentrated in New Orle- December 28, 1879, Dick Smith, Amite City, described the event, must have touched Tangipahoa Parish, Murder, Black, Private. the heart of Americans because they ans formed a large and very prosperous December 28, 1879, Geo. Carroll, Amite began to mobilize, and men and African-American community in the City, Tangipahoa Parish, Murder, Black, Pri- women, White and Black, people from 1860s. They enjoyed more rights than vate. different backgrounds, came to stand most free men of color. A large per- December 28, 1879, Harrison Johnson, Amite City, Tangipahoa Parish, Murder, up and begin to speak. They spoke with centage spoke only French and educated their children in Europe. The Black, Private. loud voices and with moving speeches December 28, 1879, Unknown, Amite City, and with great marches. community, the records show, owned more than $2 million worth of prop- Tangipahoa Parish, Murder, Black, Private. But the Senate of the United States, November 20, 1880, Thornhill, Many, Sabine erty, which was quite a large sum in one of the most noble experiments in Parish, Horse Theft, White, Private. those days, and dominated skilled democracy, continued to pretend, to November 20, 1880, Fields, Many, Sabine labor areas such as masonry, car- act like this was not happening in Parish, Horse Theft, White, Private. pentry, cigar making, and shoemaking. January 6, 1880, James Brown, Lake Provi- America and continued to fail to act. That is why Louisiana’s prominent dence, East Carroll Parish, Murder, White, It would be a mistake to look at this role in lynchings is so bitter. It mars a Private. ugly chapter in our democracy’s devel- long history of tolerance and integra- April 1, 1880, J. Tucker, Greensburg, St. opment with pity and hopelessness, tion that to this day distinguishes Lou- Helena Parish, Murder, Black, Private. however. The truth is, today’s apology December, 1880, Dr. Jones, East Carroll isiana from other places in the South. Parish, Political Causes, Unknown, Un- should be seen as a tribute to the en- Still the difficult fact remains that durance and the triumph of African- known. only three States have had a higher in- December 20, 1880, Garnett Thompson, American families. cidence than Louisiana of these occur- West Feliciana Parish, Insulted and Shot There is a particular family here, the rences. The NAACP, which was founded White Man, Black, Unknown. Crawford family. I think there are over over the issue of lynchings, recorded May 15, 1881, Cherry Nickols, Mount Leb- 150 of them. Earlier today I talked with 391 such murders in my State. anon, Bienville Parish, Murder and Rape, some of the leaders of the family. I I ask unanimous consent that a list Black, Private (Mixed or Black). said: What doesn’t kill you makes you of all the Louisiana victims compiled July 19, 1881, Unidentified Man, Kingston, stronger. They nodded because that is by Professor Michael Pfeifer, author of De Soto Parish, Murder and Robbery, Black, exactly what happened to this family. Private. ‘‘Rough Justice, Lynching and Amer- July 20, 1881, Unidentified Man, Lincoln The town tried to kill this family, to ican Society,’’ be printed in the Parish, Attempted Rape, Black, Unknown. run them out, and, in fact, ran them RECORD. July 17, 1881, Spence, Frog Level, Caddo out of the town, but this family just There being no objection, the mate- Parish, Attempted Criminal Assault, Black, grew stronger, and with their love and rial was ordered to be printed in the Unknown. lack of bitterness, but with a deter- RECORD, as follows: August 22, 1881, Alec Wilson, Ouachita Par- mination to find justice some way, LIST OF LOUISIANA VICTIMS ish, Murder, Black, Unknown. August 22, 1881, Perry Munson, Ouachita they are here today. In fact, it was the April 24, 1878, Unidentified Man, Unidenti- Parish, Murder, Black, Unknown. fied Sugar Parish, Arson, Unknown, Un- progress of African Americans that August 31, 1881, Caleb Jackson, Vernon, known. spurred this terrible reaction to them Jackson Parish, Arson, Black, Unknown. in the first place. July 30, 1878, Jim Beaty, Monroe, Ouachita Parish, Unknown, Black, Private. September 26, 1881, Ben Robertson, As I stated earlier, the early July 30, 1878, Ples Phillips, Monroe, Jeanerette, Iberia Parish, Theft, Black, Pri- lynchings were not of criminals. The Ouachita Parish, Unknown, Black, Private. vate. early lynchings were of successful July 30, 1878, Tom Ross, Monroe, Ouachita November 17, 1881, Stanley, Pointe Coupee farmers, of successful businessmen, Parish, Unknown, Black, Private. Parish, Murderous Assault, White, Private. May 15, 1882, Joseph Jenkins, St. leaders in their communities because July 30, 1878, Henry Atkinson, Monroe, Ouachita Parish, Unknown, Black, Private. Martinville, St. Martin Parish, Murder, these lynchings were an act of ter- September 14, 1878, Valcour St. Martin, White, Unknown. rorism to make American citizens feel Hahnville, St. Charles Parish, Murder, Un- May 15, 1882, Eugene Azar, St. Martinville, they had no voice and no place. known, Unknown. St. Martin Parish, Murder, Black, Unknown.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12265 June 20, 1882, Ingram, St. Tammany Par- December 28, 1886, John Elia, Arcadia, February 18, 1890, R.F. Emerson, St. Jo- ish, Desperado, Unknown, Unknown. Bienville Parish, Murder, White, Private. seph, Tensas Parish, Murderous Assault, June 20, 1882, Howard, St. Tammany Par- January 8, 1887, Ike Brumfield, Tangipahoa White, Unknown. ish, Desperado, Unknown, Unknown. Parish, Unknown, Black, Unknown. May 13, 1890, Phillip Williams, June 20, 1882, Mack Taylor, Webster Par- April 28, 1887, Gracy Blanton, Floyd, West Napoleonville, Assumption Parish, At- ish, Murderous Assault, Black, Mass. Carroll Parish, Arson and Robbery, Black, tempted Rape, Black, Mass. October 28, 1882, Wm. Harris, Lincoln Par- Private. June 16, 1890, George Swayze, East ish, Attempted Rape, Black, Posse. April 28, 1887, Richard Goodwin, Floyd, Feliciana Parish, Political Causes, White, November 7, 1882, Unidentified Man, Vi- West Carroll Parish, Arson and Robbery, Private (Possibly Black). enna, Lincoln Parish, Murderous Assault, Black, Private. June 26, 1890, John Coleman, Caddo Parish, Black, Unknown. June 6, 1887, M.W. Washington, De Soto Murder, Black, Unknown (Black). November 7, 1882, Unidentified Man, Vi- Parish, Burglary with Intent to Rape, Black, August 21, 1890, Wml. Alexander, East enna, Lincoln Parish, Murderous Assault, Unknown. Baton Rouge Parish, Attempted Rape, Black, Black, Unknown. June 30, 1887, James Walden, Simsboro, Private. November 18, 1882, N. David Lee, Holly Lincoln Parish, Larceny, Black, Private. October 12, 1890, Frank Wooten, Claiborne Grove, Franklin Parish, Hog Theft, Black, August 9, 1887, Thomas Scott, Morehouse Parish, Arson, Black, Unknown. November 20, 1890, Unidentified Man, Private. Parish, Murder, White, Private. August 11, 1887, Daniel Pleasants (alias southeastern East Baton Rouge Parish, Bull- December 8, 1882, Tim Robinson, Bastrop, Hoskins), Harding Plantation, St. Mary Par- dozing, Black, Terrorist. Morehouse Parish, Murderous Assault, ish, Murder, Black, Posse (Mixed). March 14, 1891, Antoino Scoffedi, New Orle- Black, Unknown. August 13, 1887, Green Hosley, Union Par- ans, Orleans Parish, Conspiracy to Murder, December 8, 1882, Wm. Cephas, Bastrop, ish, Asserted Self-Respect in Dispute with Italian, Mass (Mixed). Morehouse Parish, Murderous Assault, White, Black, Private. March 14, 1891, Joseph Macheca, New Orle- Black, Unknown. October 20, 1887, Perry King, Lamar, ans, Orleans Parish, Conspiracy to Murder, December 8, 1882, Wesley Andrews, Franklin Parish, Attempted Rape, Black, Italian, Mass (Mixed). Bastrop, Morehouse Parish, Murderous As- Mass. March 14, 1891, Pietro Monasterio, New Or- sault, Black, Unknown. October 20, 1887, Drew Green, Lamar, leans, Orleans Parish, Conspiracy to Murder, January 23, 1883, Henry Solomon, Bellevue, Franklin Parish, Attempted Rape, Black, Italian, Mass (Mixed). Bossier Parish, Arson, Horse Theft, Black, Mass. March 14, 1891, James Caruso, New Orleans, Private. November 7, 1887, Unidentified Man, Caddo Orleans Parish, Conspiracy to Murder, May 13, 1883, D.C. Hutchins, Bellevue, Bos- Parish, Miscegenation, Black, Unknown. Italian, Mass (Mixed). sier Parish, Murder, White, Mass. December 9, 1887, Andrew Edwards, near March 14, 1891, Rocco Gerachi, New Orle- July 9, 1883, Henderson Lee, Bastrop, More- Minden, Webster Parish, Voodoism, Black, ans, Orleans Parish, Conspiracy to Murder, house Parish, Larceny, Black, Private. Private (Black). Italian, Mass (Mixed). October 12, 1883, Louis Woods, Edgerly Sta- January 28, 1888, Ben Edwards, Amite City, March 14, 1891, Frank Romero, New Orle- tion, Calcasieu Parish, Rape, Black, Un- Tangipahoa Parish, Criminal Assault, Black, ans, Orleans Parish, Conspiracy to Murder, known. Mass. Italian, Mass (Mixed). April 27, 1884, John Mullican, Monroe, February 9, 1888, Unidentified Man, March 14, 1891, Antonio Marchesi, New Or- Ouachita Parish, Murder and Robbery, Ponchatoula, Tangipahoa Parish, Attempted leans, Orleans Parish, Conspiracy to Murder, White, Mass. Rape, Black, Private. Italian, Mass (Mixed). April 27, 1884, John Clark, Monroe, May 6, 1888, Dave Southall, Pointe Coupee March 14, 1891, Charles Traina, New Orle- Ouachita Parish, Murder and Robbery/White, Parish, Attempted Murder and Political ans, Orleans Parish, Conspiracy to Murder, Mass. Causes, White, Private. Italian, Mass (Mixed). April 27, 1884, King Hill, Monroe, Ouachita September, 1888, Unidentified Woman, March 14, 1891, Loretto Comitz, New Orle- Parish, Murder, Unknown, Mass. Breaux Bridge, St. Martin Parish, Unknown, ans, Orleans Parish, Conspiracy to Murder, October 21, 1884, Charles McLean, Bellevue, Black, Terrorist. Italian, Mass (Mixed). Bossier Parish, Arson, White, Private. September 17, 1888, Louis Alfred (Jean March 14, 1891, Antonio Bagnetto, New Or- October 24, 1884, Unidentified Man, St. Pierre Salet), Ville Platte, St. Landry (now leans, Orleans Parish, Conspiracy to Murder, Tammany Parish, Murder, Black, Unknown. Evangeline) Parish, Incendiary Language, Italian, Mass (Mixed). October 24, 1884, Unidentified Man, St. Black, Terrorist. March 14, 1891, Manuel Politz, New Orle- Tammany Parish, Murder, Black, Unknown. September 17, 1888, Jno. Johnson (Sidairo), ans, Orleans Parish, Conspiracy to Murder, October 24, 1884, Unidentified Man, St. Ville Platte, St. Landry (now Evangeline) Italian, Mass (Mixed). Tammany Parish, Murder, Black, Unknown. Parish, Incendiary Language, Black, Ter- May 21, 1891, Tennis Hampton, Gibsland, October 24, 1884, Unidentified Man, St. rorist. Bienville Parish, Murder, Black, Private. Tammany Parish, Murder, Black, Unknown. November 9, 1888, Lulin, St. Landry Parish, May 23, 1891, William Anderson, Caddo Par- December 22, 1884, Wm. Fleitas, Madison- Unknown, Black, Terrorist. ish, Murder, Black, Posse. ville, St. Tammany Parish, Murderous As- November 13, 1888, Unidentified Man, May 23, 1891, John Anderson, Caddo Parish, sault, White, Unknown. Donaldsonville, Ascension Parish, Rape, Murder, Black, Posse. June 2, 1891, Samuel Hummell, Hermitage, January 1, 1885, Unidentified Man, Madison Black, Mass. Pointe Coupee Parish, Murder, Black, Un- Parish, Trainwrecking, Unknown, Unknown. November 22, 1888, Jerry Taylor, St. Helena known. January 1, 1885, Unidentified Man, Madison Parish, Rape, Black, Private. January 25, 1889, Samuel Wakefield, New June 2, 1891, Alex Campbell, Hermitage, Parish, Trainwrecking, Unknown, Unknown. Iberia, Iberia Parish, Murder, Black, Posse. Pointe Coupee Parish, Murder, Black, Un- March 5, 1885, Unidentified Man, St. January 29, 1889, James Rosemond, New known. Landry Parish, Murder, Unknown, Private. Iberia, Iberia Parish, Theft, Black, Private. June 2, 1891, Unidentified Man, Hermitage, March 5, 1885, Unidentified Man, St. February 8, 1889, Haygood Handy, near Pointe Coupee Parish, Murder, Black, Un- Landry Parish, Murder, Unknown, Private. Bellevue, Bossier Parish, Murder and Hog known. April 22, 1885, Abe Jones, New Roads, Stealing, Black, Unknown. September 8, 1891, Unidentified Man, near Pointe Coupee Parish, Murder, Black, Un- April 14, 1889, Steve. McIntosh, Magenta Arcadia, Bienville Parish, Rape, Black, known. Plantation, Bayou Desiard, Ouachita Parish, Posse. April 22, 1885, William Pierce Mabry, near Rape, Unknown, Unknown (Black). October 19, 1891, John Rush, Caldwell Par- Shiloh, Union Parish, Defended Black April 16, 1889, Hector Junior, near New Ibe- ish, Murder, White, Private. Woman from Beating, White, Unknown. ria, Iberia Parish, Murderous Assault, Black, October 28, 1891, Jack Parker, Covington, July 22, 1885, Cicero Green, Minden, Web- Posse. St. Tammany Parish, Murder, Black, Mass ster Parish, Murderous Assault, Black, Mass. May 18, 1889, Unidentified Man, near Co- (Black). July 22, 1885, John Figures, Minden, Web- lumbia, Caldwell Parish, Burglary, Black, October 29, 1891, Unidentified Man, ‘‘the ster Parish, Murder, Black, Mass. Unknown. Poole place,’’ Bossier Parish, Outrageous September 30, 1885, Sampson Harris, Winn July 11, 1889, Felix Keys, Lafayette Parish, Act, Black, Mass (Mixed). Parish, Threat to Give Evidence against Murder, Black, Mass (Mixed). November 4, 1891, J.T. Smith, near Bastrop, Whitecappers, Black Terrorist. November 16, 1889, Ed Gray, Vidalia, Morehouse Parish, Murder, Black, Mass. February 16, 1886, George Robinson, Mon- Concordia Parish, Arson, Black, Private. November 4, 1891, W.S. Felton, near roe, Onachita Parish, Murder, Black, Mass. December 31, 1889, Henry Holmes, Bossier Bastrop, Morehouse Parish, Murder, Black, May 6, 1886, Robert Smith, St. Bernard Parish, Murderous Assault, Black, Unknown. Mass. Parish, Murder, Black, Private. January 8, 1890, Henry Ward, Bayou Sara, November 10, 1891, John Cagle, near October 18, 1886, Reeves Smith, De Soto West Feliciana Parish, Murder, Black, Pri- Homer, Claiborne Parish, ‘‘Bad Negro,’’ Parish, Attempted Rape, Black, Mass. vate. Black, Unknown.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12266 CONGRESSIONAL RECORD—SENATE June 13, 2005 November 27, 1891, John Maxey, Many, July 13, 1893, Meredith Lewis, Tangipahoa February 28, 1896, Paul Francis, St. James Sabine Parish, Criminal Assault, Black, Pri- Parish, Murder, Black, Private (Black). Parish, Rape and Burglary, Black, Private. vate. September 16, 1893, Valsin Julian, Jefferson March 11, 1896, Bud Love, Morehouse Par- December 27, 1891, Unidentified Man, Black Parish, Brother of Murderer, Black, Private. ish, Theft, Black, Private. Water Plantation, Concordia Parish, Acces- September 16, 1893, Paul Julian, Jefferson March 24, 1896, Louis Senegal, Lafayette sory to Murder, Black, Unknown. Parish, Brother of Murderer, Black, Private. Parish, Rape, Black, Private. January 7, 1892, Horace Dishroon, Rayville, September 16, 1893, Basile Julian, Jefferson May 17, 1896, Unidentified Man, Bossier Richland Parish, Murder, Robbery, Black, Parish, Brother of Murderer, Black, Private. Parish, Insulted White Woman, Black, Posse. Mass. September 29, 1893, Henry Coleman, Bossier May 19, 1896, James Dandy, St. Bernard January 7, 1892, Eli Foster, Rayville, Rich- Parish, Attempted Assassination, Black, Parish, Attempted Rape, Black, Private. land Parish, Murder, Robbery, Black, Mass. Mass. June 9, 1896, Wallis Starks, St. Mary Par- January 9, 1892, Nathan Andrews, Bossier October 19, 1893, Unidentified Man, Bossier ish, Rape and Robbery, Black, Posse. Parish, Murder, Black, Posse. Parish, Stock Theft, Black, Unknown July 11, 1896, James Porter, Webster Par- January 11, 1892, Undentified Man, Bossier (Mixed). ish, Murder, Black, Private. Parish, Murder, Robbery, Black, Private October 19, 1893, Unidentified Man, Bossier July 11, 1896, Monch Dudley, Webster Par- (Black). Parish, Stock Theft, Black, Unknown ish, Murder, Black, Private. March 12, 1892, Ella, near Rayville, Rich- (Mixed). July 24, 1896, Isom McGee, Claiborne Par- land Parish, Attempted Murder, Black, Pri- December 27, 1893, Tillman Green, Caldwell ish, Attempted Rape, Black, Unknown. vate. Parish, Attempted Rape, Black, Private. July 31, 1896, Louis Mullens, Avoyelles Par- March 26, 1892, Dennis Cobb, Bienville Par- January 18, 1894, Unidentified Man, West ish, Attempted Rape, White, Private. ish, Unknown, Black, Terrorist. Feliciana Parish, Arson and Murder, Black, August 4, 1896, Hiram Weightman, Frank- March 27, 1892, Jack Tillman, Jefferson Unknown. lin Parish, Murder and Rape, Black, Mass. Parish, Argued with and Shot White Men, April 23, 1894, Samuel Slaughter, Madison August 8, 1896, Lorenzo Saladino, St. Black, Terrorist. Parish, Murder and Insurrection, Black, Charles Parish, Murder and Robbery, Italian, April 6, 1892, Unidentified Man, Grant Par- Mass. Mass. ish, Murder, Black, Posse. April 23, 1894, Thomas Claxton, Madison August 8, 1896, DeCino Sorcoro, St. Charles April 6, 1892, Unidentified Man, Grant Par- Parish, Murder and Insurrection, Black, Parish, Murder and Robbery, Italian, Mass. ish, Murder, Black, Posse. Mass. August 8, 1896, Angelo Marcuso, St. Charles April 6, 1892, Unidentified Man, Grant Par- April 23, 1894, David Hawkins, Madison Parish, Murder and Robbery, Italian, Mass. ish, Murder, Black, Posse. Parish, Murder and Insurrection, Black, September 12, 1896, Jones McCauley, April 6, 1892, Unidentified Man, Grant Par- Mass. Ouachita Parish, Sexual Assault, Black, Un- April 27, 1894, Shell Claxton, Madison Par- ish, Murder, Black, Posse. known (Mixed or Black). ish, Murder and Insurrection, Black, Mass. April 23, 1892, Free1an, Pointe Coupee Par- September 24, 1896, Jim Hawkins, Jefferson April 27, 1894, Tony McCoy, Madison Par- ish, Murder and Extortion, White, Posse. Parish, Assaulted Boy, Black, Private. ish, Murder and Insurrection, Black, Mass. October 1, 1896, Lewis Hamilton, Bossier May 28, 1892, Walker, Bienville Parish, Im- April 27, 1894, Pomp Claxton, Madison Par- Parish, Arson, Black, Unknown. proper Relations with White Girl, Black, Un- ish, Murder and Insurrection, Black, Mass. December 22, 1896, Jerry Burke, Livingston known. April 27, 1894, Scott Harvey, Madison Par- Parish, Attempted Murder, Black, Posse. September 2, 1892, Edward Laurent, ish, Murder and Insurrection, Black, Mass. January 17, 1897, Unidentified Man, Avoyelles Parish, Aiding Murderer, Black, May 23, 1894, George Paul, Pointe Coupee Iberville Parish, Attempted Murder and Rob- Terrorist. Parish, Offended White Man, Black, Un- bery, Black, Unknown. September 5, 1892, Gabriel Magliore, known. January 19, 1897, Gustave Williams, Avoyelles Parish, Threats to Kill, Black, June 10, 1894, Mark Jacobs, Bienville Par- Tangipahoa Parish, Murder, Black, Mass. Terrorist. ish, Unknown, Black, Terrorist. January 19, 1897, Archie Joiner, September 7, 1892, Henry Dixon, Jefferson June 14, 1894, John Day, Ouachita Parish, Tangipahoa Parish, Murder, Black, Mass. Parish, Murder, Theft, Black, Private. Arson, White, Unknown. January 19, 1897, John Johnson, September 13, 1892, Eli Lindsey, Morehouse July 23, 1894, Vance McClure, Iberia Parish, Tangipahoa Parish, Murder, Black, Mass. Parish, Murder, Black, Unknown (Black). Attempted Rape, Black, Private. May 11, 1897, Charles Johnson, East September 27, 1892, Benny Walkers, September 9, 1894, Link Waggoner, Webster Feliciana Parish, Attempted Trainwrecking, Concordia Parish, Attempted Criminal As- Parish, Murderous Assault, White, Private. Black, Private. sault, Black, Mass. September 10, 1894, Robert Williams, July 21, 1897, Jack Davis, St. Mary Parish, October 21, 1892, Thomas Courtney, Concordia Parish, Murder, Black, Unknown Criminal Assault, Black, Posse. Iberville Parish, Shot Man, Black, Posse. (Black). September 28,1897, Wm. Oliver, Jefferson November 1, 1892, Daughter of Hastings, November 9, 1894, Charlie Williams, West Parish, Ferry Law Violation and Dangerous Catahoula Parish, Daughter of Murderer, Carroll Parish, Murder and Robbery, Latino, Weapon Charge, Black, Private. Black, Private. Unknown. October 2, 1897, Wash Ferren, Ouachita November 1, 1892, Son of Hastings, November 9, 1894, Lawrence Younger, West Parish, Rape, Black, Mass. Catahoula Parish, Son of Murderer, Black, Carroll Parish, Murder, Black, Unknown. October 15, 1897, Douglas Boutte, Jefferson Private. December 23, 1894, George King, St. Ber- Parish, Violated Quarantine and Resisted Noevmber 4, 1892, John Hastings, nard Parish, Threat to Kill and Resisted Ar- Arrest, Black, Private. Catahoula Parish, Murder, Black, Private. rest and Shot at Whites, Black, Mass. December 13, 1897, Joseph Alexander, November 29, 1892, Richard Magee, Bossier December 28, 1894, Scott Sherman, Iberville Parish, Murder, Black, Mass. Parish, Murder, Black, Unknown. Concordia Parish, Brother of Murderer, December 13, 1897, Charles Alexander, November 29, 1892, Carmichael, Bossier Black, Posse (Possibly Black). Iberville Parish, Murder, Black, Mass. Parish, Complicity in Murder, Black, Un- June 24, 1895, John Frey, Jefferson Parish, Decmber 13, 1897, James Thomas, Iberville known. Arson, White, Private. Parish, Murder, Black, Mass. December 28, 1892, Lewis Fox, St. Charles July 19, 1895, Ovide Belizaire, Lafayette April 2, 1898, Wm. Bell, Tangipahoa Parish, Parish, Murder, Robbery, Black, Private. Parish, Shot at Whites, Black, Terrorist. Accessory to Murder, Black, Private. Decmber 28, 1892, Adam Gripson, St. September 18, 1895, Unidentified Man, Bos- April 23, 1898, Columbus Lewis, Lincoln Charles Parish, Murder, Robbery, Black, Pri- sier Parish, Rape, Black, Mass. Parish, Impudence to White Man, Black, Pri- vate. September 21, 1895, Edward Smith, vate. January 8, 1893, Unidentified Man, Union Tangipahoa Parish, Murder and Robbery, June 4, 1898, Wm. Steake, Webster Parish, Parish, Murderous Assault, Black, Unknown. Black, Mass. Rape, Black, Mass. January 20, 1893, Robert Landry, St. James September 25, 1895, Aleck Francis, Jeffer- June 11, 1898, Unidentified Man, Morehouse Parish, Murder, Robbery, Black, Private. son Parish, Dangerous Character, Black, Pri- Parish, Murderous Assault, Black, Posse. January 20, 1893, Chicken George, St. vate. November 3, 1898, Charles Morrell, St. John James Parish, Murder, Robbery, Black, Pri- January 10, 1896, Abraham Smart, Parish, Robbery, Black, Private. vate. Ouachita Parish, Murder, Black, Unknown. December 5, 1898, Bedney Hearn, Bossier January 20, 1893, Richard Davis, St. James January 12, 1896, Charlotte Morris, Jeffer- Parish, Murder, Black, Unknown. Parish, Murder, Robbery, Black, Private. son Parish, Miscegenation, Black, Private. December 5, 1898, John Richardson, Bossier January 25, 1893, Wm. Fisher, Orleans Par- January 12, 1896, Patrick Morris, Jefferson Parish, Murder, Black, Unknown. ish, Stabbing of White Woman, Murder, Parish, Miscegenation, White, Private. June 14, 1899, Edward Gray, St. John Par- Black, Posse. February 28, 1896, Gilbert Francis, St. ish, Burglary, Black, Private. May 6, 1893, Israel Holloway, Assumption James Parish, Rape and Burglary, Black, July 11, 1899, George Jones, St. Charles Parish, Rape, Black, Unknown. Private. Parish, Horse Theft, Black, Private (Black).

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12267 July 21, 1899, Joseph Cereno, Madison Par- November 2, 1901, Unidentified Person, July 11, 1906, Unidentified Man, Claiborne ish, Shooting Man, Italian, Mass. Washington Parish, Threats Against Whites, Parish, Attempted Criminal Assault, Black, July 21, 1899, Charles Defatta, Madison Black, Posse. Unknown. Parish, Shooting Man, Italian, Mass. November 24, 1901, Frank Thomas, Bossier August 26, 1906, Alfred Schaufriet, July 21, 1899, Frank Defatta, Madison Par- Parish, Murder, Black, Mass (Black). Ouachita Parish, Attempted Criminal As- ish, Shooting Man, Italian, Mass. December 8, 1901, Sol Paydras, Calcasieu sault, Black, Posse. July 21, 1899, Joseph Defatta, Madison Par- Parish, Assault, Black, Private. November 25, 1906, Antone Domingue, La- ish, Shooting Man, Italian, Mass. January 25, 1902, Unidentified Man, West fayette Parish, Fought Whitecappers, Black, July 21, 1899, Sy Defrroch, Madison Parish, Carroll Parish, Murder and Theft, Black, Terrorist. Shooting Man, Italian, Mass. Posse. March 15, 1907, Flint Williams, Ouachita August 2, 1899, Man Singleton, Grant Par- January 25, 1902, Unidentified Man, West Parish, Murder, Murderous Assault, Rob- ish, Attempted Rape, Black, Unknown. Carroll Parish, Murder and Theft, Black, bery, Black, Unknown. Augsut 8, 1899, Echo Brown, Tangipahoa Posse. March 15, 1907, Henry Gardner, Ouachita Parish, Unknown, Black, Unknown. January 25, 1902, Unidentified Man, West Parish, Murder and Murderous Assault and October 10, 1899, Basile LaPlace, St. Carroll Parish, Murder and Theft, Black, Robbery and Rape, Black, Unknown. Charles Parish, Political Causes and Illicit Posse. April 16, 1907, Charles Straus, Avoyelles Liaison, White, Private. March 19, 1902, John Woodward, Concordia Parish, Attempted Criminal Assault, Black, October 15, 1899, James Smith, East Parish, Murder, Black, Unknown. Private. Feliciana Parish, Cattle Rustling and March 31, 1902, George Franklin Carroll April 18, 1907, Frederick Kilbourne, East Desperadoism, White, Private. Parish, Murder Black, Posse Unknown. Feliciana Parish, Attempted Rape, Black, December 13, 1899, Unidentified Man, More- April 12, 1902, Unidentified Man, Mass. May 3, 1907, Silas Faly, Bossier Parish, house Parish, Rape, Unknown. Natchitoches Parish, Murder, Black, Un- Rape, Black, Unknown. April 21, 1900, John Humely, Bossier Par- known. June 1, 1907, Henry Johnson, Rapides Par- ish, Conspiracy to Murder, Black, Mass. May 4, 1902, John Simms, Morehouse Par- ish, Attempted Criminal Assault, Black, Pri- April 21, 1900, Edward Amos, Bossier Par- ish, Complicity in Murder, White, Unknown. vate. ish, Conspiracy to Murder, Black, Mass. May 9, 1902, Nicholas Deblanc, Iberia Par- May 12, 1900, Henry Harris, Rapides Parish, June 8, 1907, James Wilson, Claiborne Par- ish, Attempted Rape, Black, Posse. ish, Attempted Criminal Assault, Black, Un- Attempted Criminal Assault, Black, Mass. August 7, 1902, Henry Benton, Claiborne June 12, 1900, Ned Cobb, West Baton Rouge known. Parish, Criminal Assault, Black, Posse. June 27, 1907, Ralph Dorans, Rapides Par- Parish, Murder, Black, Unknown. October 13, 1902, Unidentified Man, June 23, 1900, Frank Gilmour, Livingston ish, Rape, Black, Unknown. Calcasieu Parish, Attempted Murder, Black, June 28, 1907, Mathias Jackson, Rapides Parish, Murder, White, Private. Posse. August 29, 1900, Thomas Amos, Rapides Parish, Rape, Black, Private. November 25, 1902, Joseph Lamb, West December 5, 1907, Unidentified Man, More- Parish, Murder, Black, Mass. Feliciana Parish, Attempted Robbery and September 21, 1900, George Beckham, house Parish, Murderous Assault, Black, Un- Criminal Assault, Black, Private. Tangipahoa Parish, Robbery, Black, Private. known. January 26, 1903, John Thomas, St. Charles September 21, 1900, Nathaniel Bowmam, December 15, 1907, Unidentified Man, Jack- Parish, Murder, Black, Posse. Tangipahoa Parish, Robbery, Black, Private. son Parish, Being an Italian Worker, Italian, February 24, 1903, Jim Brown, Bossier Par- September 21, 1900, Charles Elliot, Unknown. ish, Attempted Murder, Black, Posse. Tangipahoa Parish, Robbery, Black, Private. December 15, 1907, Unidentified Man, Jack- March 27, 1903, Frank Robertson, Bossier September 21, 1900, Izaih Rollins, son Parish, Being an Italian Worker, Italian, Parish, Arson, Black, Unknown. Tangipahoa Parish, Robbery, Black, Private. Unknown. June 12, 1903, Frank Dupree, Rapides Par- October 19, 1900, Melby Dotson, West Baton February 6, 1908, Robert Mitchell, West ish, Murder, Black, Unknown. Rouge Parish, Murder, Black, Mass. Carroll Parish, Murder, Black, Mass. January 24, 1901, Larkington, Webster Par- June 25, 1903, Lamb Whitley, Catahoula June 4, 1908, Bird Cooper, Claiborne Parish, ish, Attempted Criminal Assault, Black, Un- Parish, Murderous Assault, Black, Unknown. Murder, Black, Unknown. July 16, 1908, Miller Gaines, Catahoula Par- known. July 26, 1903, Jennie Steer, Caddo Parish, ish, Arson, Black, Unknown. February 17, 1901, Thomas Jackson, St. Murder, Black, Private. July 16, 1908, Sam Gaines, Catahoula Par- John Parish, Murder, Black, Mass. October 18, 1903, George Kennedy, Bossier ish, Arson, Black, Unknown. February 21, 1901, Thomas Vital, Calcasieu Parish, Attempt to Kill, Black, Posse. July 16, 1908, Albert Godlin, Catahoula Par- Parish, Criminal Assault, Black, Unknown. November 2, 1903, Joseph Craddock, Bossier ish, Inciting Arson, Black, Unknown. February 21, 1901, Samuel Thibodaux, Parish, Murder, Black, Mass (Black). November 30, 1903, Walter Carter, Caddo July 26, 1908, Andrew Harris, Caddo Parish, Calcasieu Parish, Defending Rapist, Black, Attempted Rape, Black, Private. Unknown. Parish, Murderous Assault, Black, Mass. November 30, 1903, Phillip Davis, Caddo September 16, 1908, John Miles, Pointe March 6, 1901, William Davis, Caddo Parish, Coupee Parish, Murderous Assault and Rob- Rape, Black, Private. Parish, Murderous Assault, Black, Mass. November 30, 1903, Clinton Thomas, Caddo bery, Black, Mass. May 1, 1901, Grant Johnson, Bossier Parish, July 30, 1909, Emile Antoine, St. Landry Desperate Negro Gambler, Black, Private. Parish, Murderous Assault, Black, Mass. January 14, 1904, Butch Riley, Madison Parish, Robbery and Shot White Man, Black, May 3, 1901, Felton Brigman, Caddo Parish, Private. Rape, Black, Private (Black). Parish, Murderous Assault, Black, Unknown. May 29, 1904, Frank Pipes, Rapides Parish, July 30, 1909, Onezime Thomas, St. Landry June 19, 1901, F.D. Frank Smith, Bossier Parish, Robbery and Shot White Man, Black, Parish, Complicity in Murder, Black, Mass. Shooting Man, Black, Private. April 26, 1905, Richard Craighead, Claiborne Private. June 19, 1901, F.D. McLand, Bossier Parish, September 6, 1909, Henry Hill, Franklin Parish, Murder, White, Mass.÷ Complicity in Murder, Black, Mass. Parish, Attempted Rape, Black, Posse. June 1, 1905, Henry Washington, Pointe July 15, 1901, Lewis Thomas, Richland Par- October 7, 1909, Ap Ard, St. Helena Parish, Coupee Parish, Murder, Black, Posse. ish, Murderous Assault, Black, Unknown. Murderous Assault, Black, Unknown. July 19, 1901, Unidentified Man, Acadia August 12, 1905, Unidentified Man, Jackson October 7, 1909, Mike Rodrigauez, Vernon Parish, Homicide, Shot Officer, Black, Posse. Parish, Murderous Assault, Black, Posse. Parish, Robbery, White, Unknown. October 25, 1901, Wm. Morris, Washington November 26, 1905, Monroe Williams, October 28, 1909, Joseph Gilford, West Car- Parish, Assault and Robbery, Black, Un- Tangipahoa Parish, Criminal Assault, Black, roll Parish, Murder and Theft, Black, Mass. known. Unknown. October 28, 1909, Alexander Hill, West Car- November 2, 1901, Connelly, Washington February 24, 1906, Willis Page, Bienville roll Parish, Murder and Theft, Black, Mass. Parish, Threats Against Whites, Black, Parish, Rape, Black, Mass. November 20, 1909, Wm. Estes, Richland Posse. March 18, 1906, Wm. Carr, Iberville Parish, Parish, Murder, Black, Posse. November 2, 1901, Parker, Washington Par- Theft, Black, Private. November 27, 1909, Simmie Thomas, Caddo ish, Threats Against Whites, Black, Posse. March 28, 1906, Cotton, West Carroll Par- Parish, Rape, Black, Mass. November 2, 1901, Low, Washington Parish, ish, Attempted Criminal Assault, Black, Un- July 10, 1910, J.C. Freeman, Richland Par- Threats Against Whites, Black, Posse. known. ish, Murder, White, Private. November 2, 1901, Connelly’s Daughter, May 6, 1906, George Whitner, East January 20, 1911, Oval Poulard, Evangeline Washington Parish, Threats Against Whites, Feliciana Parish, Insulted White Woman, Parish, Shot Deputy Sheriff, Black, Private. Black, Posse. Black, Unknown. July 24, 1911, Miles Taylor, Claiborne Par- November 2, 1901, Woman, Washington Par- May 22, 1906, Thomas Jackson, Caddo Par- ish, Murder, Black, Posse. ish, Threats Against Whites, Black, Posse. ish, Robbery, Black, Private. April 9, 1912, Thomas Miles, Caddo Parish, November 2, 1901, Child, Washington Par- May 29, 1906, Robert Rogers, Madison Par- Insulted White Woman in Letters, Black, ish, Threats Against Whites, Black, Posse. ish, Murder, White, Private. Private.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12268 CONGRESSIONAL RECORD—SENATE June 13, 2005 April 23, 1912, Unidentified Man, Richland June 18, 1918, George Clayton, Richland the facts about this terrible domestic Parish, Threats Against Whites, Black, Parish, Murder, Black, Posse. terrorism and rash of terrorism stand Mass. August 7, 1918, Bubber Hall, Morehouse today and will not be pushed aside. It May 2, 1912, Ernest Allums, Bienville Par- Parish, Criminal Assault, Black, Unknown. is with humility but with pride that I ish, Writing Insulting Letters to White January 18, 1919, Henry Thomas, Red River Women, Black, Private. Parish, Murder, Black, Posse. support and put forth before the Senate September 25, 1912, Samuel Johnson, De January 29, 1919, Sampson Smith, Caldwell today, with the Senator from Virginia, Soto Parish, Murder, Black, Private. Parish, Murder, Black, Unknown. this resolution. November 28, 1912, Mood Burks, Bossier February 14, 1919, Will Faulkner, Bossier The junior Senator from Louisiana is Parish, Murderous Assault, Black, Private. Parish, Murder, Black, Private. an original cosponsor of this resolu- November 28, 1912, Jim Hurd, Bossier Par- April 29, 1919, George Holden, Ouachita tion, as are a number of sons of the ish, Murderous Assault, Black, Private. Parish, Wrote Insulting Note to White South. Furthermore, in Louisiana’s November 28, 1912, Silas Jimmerson, Bos- Woman, Black, Unknown. legislature in Baton Rouge, a very sier Parish, Murderous Assault, Black, Pri- August 26, 1919, Jesse Hammett, Caddo vate. Parish, Attempted Rape, Black, Mass. similar resolution passed today. Thus, December 23, 1912, Norm Cadore, West August 31, 1919, Lucius McCarty, Wash- the people of Louisiana can truly say Baton Rouge Parish, Murder, Black, Private. ington Parish, Attempted Rape, Black, Mass. we are trying to open a dialogue, and February 14, 1913, Charles Tyson, Caddo September 6, 1919, Unidentified Man, More- bring closure to a bitter history. Parish, Unknown, Unknown (Possibly house Parish, Attempted Criminal Assault, This is a particularly important step Black). Black, Private. for the South. For while lynchings oc- August 27, 1913, James Comeaux, Jefferson September 13, 1919, Unidentified Man, curred in 46 of the 50 States, and people Davis Parish, Assault, Black, Private. Catahoula Parish, Hiding Under Bed, Black, of all races were affected, it would be a October 22, 1913, Warren Eaton, Ouachita Unknown. Parish, Improper Proposal, Black, Private. January 31, 1921, George Werner, Iberville mischaracterization to suggest that December 16, 1913, Ernest Williams, Caddo Parish, Shot Man, Black, Unknown. this was not a weapon of terror most Parish, Murder and Robbery, Black, Private. September 14, 1921, Gilmon Holmes, often employed in the South, and most December 16, 1913, Frank Williams, Caddo Caldwell Parish, Murder, Black, Unknown. often against African Americans. That Parish, Murder and Robbery, Black, Private. March 11, 1922, Brown Culpeper, Franklin is why I am so glad to be joined in this May 8, 1914, Sylvester Washington, St. Parish, Unknown, White, Unknown. endeavor by the junior Senator from James Parish, Murder, Black, Posse. July 6, 1922, Joe Pemberton, Bossier Par- May 12, 1914, Earl Hamilton, Caddo Parish, Virginia, Mr. Allen. He has been instru- ish, Murderous Assault, Black, Unknown. mental in getting us to this point of Rape, Black, Mass. August 24, 1922, F. Watt Daniel, Morehouse August 5, 1914, Oli Romeo, St. Tammany Parish, Angered Klan, White, Unknown. consideration, and I truly appreciate Parish, Murder, Black, Mass. August 24, 1922, Thomas F. Richards, More- his hard work and dedication to our August 6, 1914, Henry Holmes, Ouachita house Parish, Angered Klan, White, Un- joint effort. Parish, Murder, Robbery, Black, Private. known. It is also important to acknowledge August 7, 1914, Dan Johnson, Ouachita Par- August 26, 1922, Thomas Rivers, Bossier the bravery of those who took personal ish, Complicity in Murder, Black, Mass. Parish, Attempted Rape, Black, Private. risks long before this day in opposition August 7, 1914, Louis Pruitt, Ouachita Par- January 3, 1923, Leslie Leggett, Caddo Par- ish, Complicity in Murder, Black, Mass. to lynching. First and foremost, we ish, Intimate with White Girl, Black, Pri- must acknowledge the pioneering jour- August 9, 1914, Unidentified Man, Ouachita vate. Parish, Murder, Black, Unknown. February 26, 1925, Joseph Airy, Bossier nalism of Ida B. Wells. Though person- December 2, 1914, Jobie Lewis, Caddo Par- Parish, Murder, Black, Unknown. ally threatened with death, Ms. Wells ish, Murder and Robbery and Arson, Black, August 4, 1926, Johnny Norris, De Soto continued to document these outrages Private. Parish, Improper Advances to Girl, Black, before justice, so that future genera- December 2, 1914, Elijah Durden, Caddo Posse. tions might know the history of this Parish, Murder and Robbery and Arson, April 16, 1927, Willie Autrey, Calcasieu Par- era. It should be noted that it was her Black, Private. ish, Peeping Tom, Black, Private. December 11, 1914, Charles Washington, example that led other women, such as June 2, 1928, Lee Blackman, Rapides Par- Jane Adams, to join in her fight Caddo Parish, Murder and Robbery, Black, ish, Brother of Murderer, Black, Private. Private. June 2, 1928, David Blackman, Rapides Par- against lynching. In fact, women, gen- December 11, 1914, Beard Washington, ish, Brother of Murderer, Black, Private. erally, are viewed as having played a Caddo Parish, Murder and Robbery, Black, February 19, 1933, Nelson Cash, Bienville major role in the antilynching cam- Private. Parish, Murder and Robbery, Black, Un- paign. December 12, 1914, Watkins Lewis, Caddo known. There was tremendous political cour- Parish, Murder and Robbery, Black, Mass. August 26, 1933, John White, St. Landry July 15, 1915, Thomas Collins, Avoyelles age shown in Georgia. Georgia was the Parish, Unknown, Black, Unknown. Parish, Murderous Assault, Black, Posse. first State to adopt antilynching legis- September 11, 1933, Freddy Moore, Assump- August 21, 1915, Bob, Red River Parish, At- lation in 1893. Yet, the State continued tion Parish, Murder, Black, Unknown. tempted Rape, Black, Unknown. July 21, 1934, Jerome Wilson, Washington to experience a disproportionate share August 26, 1916, Jesse Hammett, Caddo Parish, Murder, Black, Private. of lynching attacks. However, starting Parish, Attempted Rape, Black, Mass. October 13, 1938, W.C. Williams, Lincoln with Governor Northen in 1890, several November 15, 1916, James Grant, St. Parish, Murder and Murderous Assault, of Georgia’s Governors fought lynch vi- Landry Parish, Murder, Black, Private. Black, Mass. December 28, 1917, Emma Hooper, olence in their State resolutely. In August 8, 1946, John Jones, Webster Parish, Tangipahoa Parish, Murderous Assault, many cases it came at personal cost. Intent to Rape, Black, Private. Black, Unknown. Gov. William Atkinson, having left the July 29, 1917, Daniel Rout, Tangipahoa Par- Ms. LANDRIEU. It is also true that Governor’s mansion, personally chal- ish, Murder, Black, Private. members of the Senate delegation from lenged a lynch mob of 2,000 people in July 29, 1917, Jerry Rout, Tangipahoa Par- Louisiana participated in the actions his home town. It is a record of polit- ish, Murder, Black, Private. that led us to not act. ical leadership upon which Georgia can January 26, 1918, James Nelson, Bossier However, I am very proud to stand Parish, Living with White Woman, Black, now proudly reflect. Private. here with my colleague from Virginia Another great voice in the anti- February 26, 1918, James Jones, Richland and to note that the other Senator lynching crusade was Congressman Parish, Murder, Black, Unknown. from Louisiana, a Republican, stands George White of Tarboro, NC. He was February 26, 1918, Wm. Powell, Richland with me. We are united in our support the last former slave to serve in Con- Parish, Murder, Black, Unknown. of this resolution to offer the sincere gress—ending his congressional career February 26, 1918, James Lewis, Richland apology to try to bring to light the in 1901. He introduced an anti-lynching Parish, Murder, Black, Unknown. facts about lynching, to encourage peo- bill to stem the rising tide of violence, March 16, 1918, George McNeal, Ouachita Parish, Rape, Black, Private. ple to seek the truth. with 107 attacks having occurred in April 22, 1918, Clyde Williams, Ouachita I said earlier today people are enti- 1899. While his bill was defeated in the Parish, Murderous Assault and Robbery, tled to their own opinions. But they House of Representatives, he initiated Black, Private. are not entitled to their own facts. And one of its first political considerations.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12269 Finally, we cannot ignore the Sen- However great it is, we can most cer- principles of our country. Unfortu- ate’s own passionate voices to end the tainly improve. nately, that has not always occurred. practice of lynching. Senator Champ I yield the floor for my colleague, Daniel Webster, standing in the Old Clark of Missouri famously posted Senator ALLEN, from Virginia. Senate Chamber, told his colleagues in photos of a recent Mississippi lynching The PRESIDING OFFICER. The Sen- 1834 that a ‘‘representative of the peo- in the Democratic cloakroom with the ator from Virginia. ple is a sentinel on the watchtower of caption: There have been no arrests, no Mr. ALLEN. Mr. President, I rise liberty.’’ Indeed, the Senate has been a indictments, and no convictions of any today to speak in support of the resolu- great watchtower of liberty. Many in- one of the lynchers. This is not a rape tion of apology that Senator LANDRIEU dividuals have been outstanding ora- case. Regrettably, those photos and his of Louisiana and I have submitted. I tors, brilliant men and women in the convictions could not bring these ter- thank the Senator from Louisiana for world’s greatest deliberative body. Un- rible events to a close. We also salute her leadership on this matter. It has fortunately, this August body has a the efforts of Senators Robert Wagner been a pleasure to work with her on stain on its history, and that stain is of New York and Edward Costigan of this and other matters, but this is un- lynching. Americans died from hang- Colorado. The Wagner-Costigan bill doubtedly the most historic. ings, from whippings, from a torch, was yet another noble effort to inject I got involved in this because I re- from evil hearts outside of this Cham- Federal resources into combating ceived a letter from Dick Gregory. I ber. lynching. While it was again filibus- know Members of the Senate received Three-fourths of the victims of these tered, it was another noble effort that thousands of letters and e-mails and injustices—and these have been docu- demonstrated that people of good will phone calls. He asked me to join with mented and researched by the re- remained the majority. Senator LANDRIEU last year on this. He spected archives of the Tuskegee Insti- Because of the courage of these and was signing this letter on behalf of Dr. tute—were perpetrated against African other individuals, by the 1930s public E. Faye Williams, Martin Luther King Americans. Mr. President, 4,749 Ameri- opinion had turned against lynching. III, Dr. C. DeLores Tucker, and others. cans died by lynching, whipping, tor- In 1938, a national survey showed that But he asked me. He said: turing, and mutilation, starting in 70 percent of Americans supported the I respectfully ask you to serve as an origi- 1882. Many times these lynchings were enactment of an antilynching statute. nal cosponsor of the Landrieu resolution. not lone acts by a few white men. Even in the South, at least 65 percent . . . We realize life will go on and your world Rather, they were angry gangs, as Sen- of these surveyed favored its passage. will not be affected if you choose to do noth- ator LANDRIEU talked about. They were In short, even if southern Senators had ing. occasions, they were events, mobs who the political latitude to endorse Fed- That struck me as: Well, I am going were whipped into frenzies by the eral antilynching legislation, most to choose to do something. He asked skewed mentalities of what is right and seemed to be too mired in personal me to sponsor this on the Republican what is wrong. prejudice to accept that fact. Where side ‘‘because it is the right thing to These cruel and unjust acts are so these southern Senators were con- do.’’ contrary to the rule of law, due proc- cerned, justice was mostly deaf, but That says it all, really, when we see ess, and equal protection that we pride never color blind. an affront to the basic principles that ourselves on in the United States. In closing, I would like to acknowl- were enunciated in the spirit of this Again, three-quarters of the victims edge several members of my staff: country in the Declaration of Inde- were African Americans. But this ha- Jason Matthews, Kathleen Strottman, pendence. When we seceded from Brit- tred also was perpetrated against those Nash Molphus, Sally Richardson, and ain, we talked about freedom, liberty, who are Asian, primarily Chinese; many others, who have helped, along and justice, trying to constitute that against American Indians; against with others, put this resolution before here in this country, fighting for so Latinos; against Italians; and against the Senate today. many years to free ourselves from the people who are Jewish; and others who I want to end with one of the most monarch to construct a free and just found themselves unprotected. moving comments that I read in the society, with freedom of religion, free- Mr. President, Senator LANDRIEU and book ‘‘Without Sanctuary,’’ as I have dom of expression, due process of law, I, as well as my colleagues who are read excerpts from publications and equal protection, as well as the rule of joining us right now in the Chamber— magazines and newspapers about this law. Senator KERRY and Senator PRYOR— situation, and have been reading them In so many of those key pillars of a are rising this evening to make his- now for months on this issue. It is free and just society, when one looks at tory, to try to right history. We are taken from McClure’s Magazine, in what happened with the lynchings, the standing to give our heartfelt and for- 1905, by Ray Stannard Baker, who torchings, the whippings to death of mal apology, not for what anybody wrote about one of the lynchings—I people because of their race, because of here presently in the Senate had done, think it was of a Mr. Curtis. I will sub- their religion, because of their eth- but what this body, this continuous mit that for the RECORD. He says: nicity, the cold-hearted hatred of it, body, failed to do in the past. And it is So the mob came finally, and cracked the and the countenance of it—and the fact an apology to all the victims and de- door of the jail with a railroad rail. The jail is said to be the strongest in Ohio, and hav- that this wonderful Senate, with these scendants of those who were lynched, ing seen it, I can well believe the report is historic desks where you can pull out who were whipped to death, who were true. But steel bars have never yet kept out drawers and see some of the great torched to death, who were mutilated a mob; it takes something much stronger: minds, the great orators of our history to death. human courage backed up by the conscious- who had argued magnificently and in- Many of the victims’ descendants are ness of being right. spiringly things on this Senate floor— currently watching in our gallery. This Mr. President, the Senate was wrong you see there were times in our history is a somber, not happy time but also not to act. It was wrong to not stand in when Senators ended up looking the one of reflection. It is one of the fail- the way of the mob. We lacked courage other way. They did not take a stand. ures of the Senate to take action when then. We perhaps do not have all the They turned their eyes, they turned action was most needed. It was a time courage we need today to do every- their heads when something positive where we were trying to make sure all thing we should do, but I know we can could have been done to disapprove, de- Americans had equal opportunity. apologize today. We can be sincere in plore, and obviously pass a law to However, that clearly was not the case. our apology to the families, to their make lynching a Federal crime. Senator LANDRIEU showed those pho- loved ones, and perhaps now we can set This Chamber is part of our rep- tographs. These were vile killings. some of these victims and their fami- resentative democracy. We are to rep- They captivated front-page headlines. lies free and, most of all, set our coun- resent the ‘‘Will of the People.’’ We are They drew crowds with morbid curi- try free to be better than it is today. also to represent those foundational osity and left thousands and thousands,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12270 CONGRESSIONAL RECORD—SENATE June 13, 2005 mostly African Americans, hanging Another reason I got involved is to honor and integrity, and many have from trees or bleeding to death from carry on the tradition of a man named throughout our history. the lashing of whips. By not acting, Champ Clark, a Senator from Missouri As Ephesians teaches us: All things this body failed to protect the liberty whose son was actually one of my men- that are reproved are made manifest by of which Daniel Webster spoke. tors when I first became involved in or- light. This apology has been a long One of those who suffered this awful ganized politics. He moved to the Char- time in coming. fate was an African American named lottesville area when I was Governor, I thank my colleague, Senator LAN- Zachariah Walker, from Coatsville, and I appointed him to the University DRIEU, for her tireless efforts in getting VA. In 1911, Walker was dragged from a of Virginia Board of Visitors. Sadly, he this resolution agreed to. I thank also hospital bed where he was recovering died a few years ago. leader FRIST for making the legislation from a gunshot wound. Accused of kill- I found that his father, Senator a priority and taking time on the Sen- ing a white man—which he had claimed Champ Clark of Missouri, posted ate schedule to recognize the signifi- was in self-defense—Walker was burned photos—similar to those Senator LAN- cance of the moment. alive at the stake without trial. DRIEU had—in our cloakrooms, of muti- I thank the cosponsors. We have Such horrendous acts were not just a lated bodies. I will read from a docu- nearly 80 cosponsors and will most regional phenomenon of the South. ment entitled, ‘‘The U.S. Senate Fili- likely have more by the end of the day. States such as Illinois, Ohio, Michigan, busters Against Federal Anti-Lynching They recognized the importance of a and even the Washington, DC area ex- Legislation: The Case For A Formal resolution and knew that the Senate perienced this sort of mob violence and Apology.’’ It states: owed an apology to the victims of injustice. Lynching was not just a re- Unlike in 1935, when senators killed anti- lynching, their families and descend- gional problem; it was a crime lynching legislation in just six days, the ants. I also thank James Allen, as Sen- throughout our Nation, which occurred 1937–38 filibuster took six weeks. One reason: ator LANDRIEU has, for his authorship in April 1937, a Mississippi mob, in collusion of ‘‘Without Sanctuary: Lynching Pho- in 46 States of our country. It was be- with local law enforcement, removed two Af- cause of the national scope of these rican Americans from their jail cells, tography in America,’’ for bringing to atrocities that the Senate should act. whipped them with chains, gouged out their us these horrendous, but important, The Senate, of course, failed to pass eyes with ice picks, and put them to death issues and making us react, recog- any of the nearly 200 antilynching bills with acetylene blowtorches. Senator Champ nizing how violent and hate-filled they introduced in Congress during the first Clark of Missouri posted photos of these vic- were. half of the 20th century. Three bills tims’ mutilated bodies in the Senate cloak- I also thank Janet Langhart Cohen passed the House of Representatives, room with a caption, ‘‘There have been No and Mark Planning for their spirited arrests, No indictments and No convictions but they were filibustered on the Sen- for any one of the lynchers. This is NOT a leadership and teamwork in getting ate floor. In addition, seven Presidents rape case. support for this resolution. I want to had asked that such laws be passed. One month later, a mob in Georgia, con- share with my colleagues some ex- One might ask: What impact would sisting partly of women and teenage girls, cerpts from Ms. Cohen’s comments. such a Federal law have had? Would forced its way into a funeral home and seized While some members of the Senate ques- that have saved all 4,749 people who the body of a lynched twenty-four-year-old tion why so many of us have been seeking were lynched, torched, mutilated, or African American. After dumping the body the passage of this official expression of into the trunk of a car and carrying it apology at this time, the real question is whipped to death? Probably not in all through town in a horn-blowing motorcade, cases because some had occurred before why the Senate action was not forthcoming the mob took it to a baseball field and decades ago. such bills were passed. burned it. However, it would have sent a mes- Horror-struck by these incidents, Senators This is important for us to under- sage, as it was read in newspapers sought to invoke cloture. If nothing else, stand the meaning for those who are across the land—whether in small they recognized that not only were African descendants of victims of lynching and towns, big cities, or in the country— Americans in high lynch states at risk, but torture and whipping. their own constituents were unprotected if She continues: that as a nation, we must stop such they were black and traveling through these Consider the scope and depth of the crimes horrendous injustices being per- areas. Sadly, after courageously battling on committed against humanity: more than petrated on people, that we stand for the Senate floor for six weeks, they aban- four thousand men and women were hung doned their effort to obtain cloture. the rule of law and equal protection from trees, many of them disembowled, their and due process. By the Senate not act- Six weeks with all this and no action. limbs and organs amputated, and then set on ing, guess what message was sent. It Historians will no doubt disagree as to fire. These heinous acts . . . were designed to sent the message that there are some a single reason why Senators blocked terrify African American citizens, remind people who may not think this is a antilynching legislation in the 1920s them that they have fewer rights and protec- good idea, that the Senate apparently through the 1940s. My desire is not to tions than animals, and drive them from condones it because they failed to act, get into motivations. Regardless of their land—all while serving as entertainment for white society. notwithstanding the request of Presi- their reasoning, one reason that I can dents and the passage of such bills in see from all this is that there is no rea- The point is, this was to intimidate the House of Representatives. son. There is no rationale. They were people. Why was Federal legislation needed? clearly wrong. They turned their eyes. Ms. Cohen says that she comes to the Because out of these 4,749 injustices of They turned their heads. That is why it Senate today—she is in the gallery lynching, torching, and whipping, only is so important that we set aside these with many other descendants—for 1 percent were prosecuted. In many hours to apologize for this lack of ac- many reasons. She writes: cases, local authorities were complicit tion by the Senate—because there was As a Black woman, as the spouse of a and involved in these cruel acts of inno reason. There was no tolerance. former Senator, and as one who had a family justice. Virginia was one of the States member lynched, I need to bear witness to an There was an acceptance and a con- act of decency that has been deferred, indeed that actually passed an antilynching donation of vile, hate-filled activity. filibustered, for far too long. law which means that while there were Thankfully, justice in our Nation has We know she is here with many oth- 100 such lynchings, torchings, and moved forward and left such despicable ers and recognize that it has been fili- burnings—and 100 is too many—com- acts history. In ignoring the protec- bustered far too long. pared to other States in the South, tions of our Founding Fathers, that ev- She also states that: that was less. I have learned a lot since eryone is innocent until proven guilty, we introduced this bill. North Caro- It’s important to remind the American the Senate turned its back on our people about the evil chapters in our history. lina’s Governors, in the early 1900s, foundational principles of justice and It is the reason we construct museums in protested against such mob violence in freedom. Washington and beyond, to hold up for all to their State and, therefore, they had I look around the Chamber and note see how capable we are of descending into less than in other States. that all of us serve with a great deal of the heart of darkness. It’s important for us

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12271 to look back into the past so that we can sanctioned it, not during the Dark Ages, but ities that plagued our great Nation for pledge never again to allow racial hatred to during my lifetime. And those who sanc- over a century. consume our ideals or humanity. tioned it were not uneducated barbarians; I will close with the words of our res- President Bush, in his second inau- they included men who held positions of of- olution: fice and honor at all levels of government, gural address, stated: Whereas, an apology offered in the spirit of including the United States Senate. The par- true repentance moves the United States to- Our country must abandon all habits of liamentary delaying tactics that currently ward reconciliation and may become central racism because we cannot carry the message are the subject of so much debate took place to a new understanding, on which improved of freedom and the baggage of bigotry at the in the nation’s Capital, on the floor of this racial relations can be forged. Now, there- same time. hallowed institution. fore, be it Resolved, That the Senate— She concludes with these statements: I have come to the United States Senate (1) apologizes to the victims of lynching for An apology, I concede, will do nothing for today for many reasons. As a Black woman, the failure of the Senate to enact anti-lynch- the thousands of people who perished during as the spouse of a former Senator, and as one ing legislation; what has been called ‘‘the Black Holocaust.’’ who had a family member lynched, I need to (2) expresses the deepest sympathies and It cannot repair the battered souls of their bear witness to an act of decency that has most solemn regrets of the Senate to the de- survivors. It is, after all, only a symbolic been deferred, indeed filibustered, for far too scendants of victims of lynching, the ances- act. Our symbols, however, the Eagle, Old long. tors of whom were deprived of life, human Glory, Lady Liberty, to mention but a few, I am told that some members of the Senate dignity, and the constitutional protections are but short hand narratives of who we are are not prepared to support this measure be- accorded all citizens of the United States; as Americans. cause they think that an official apology is and It is through an acknowledgment of the too trivial, meaningless and irrelevant to the (3) remembers the history of lynching, to Senate’s abdication of its duty to protect times in which we live. ensure that these tragedies will be neither and defend the rights of all American citi- The passage of time can never remove the forgotten nor repeated. zens that, perhaps, we can begin to under- stain of institutionalized terrorism from our My colleagues, I ask you to join all of stand the pain and anger that still lingers in history or permit any public official to dismiss the pain of those who have lost family us in examining our history, learn from the hearts and minds of so many who have history, never again sit quietly, and been deprived of the equality promised in our members to the savagery of lynch mobs as Constitution. something unworthy of the Senate’s agenda never again turn one’s head away when My friend and mentor, Dr. Martin Luther and deliberations. the ugly specter of racism, anti- King, Jr., once said that ‘‘the arc of history It’s important to remind the American semitism, hate, and intolerance rises bends toward justice.’’ people about the evil chapters in our history. again. It is our responsibility to stand Today, as the Senate Members cast their It is the reason we construct museums in strong for freedom and justice. historic votes, that arc dips closer to its des- Washington and beyond, to hold up for all to In the future, I am confident that tination. see how capable we are of descending into the heart of darkness. It’s important for us this Senate will perform better than it Signed, Janet Langhart Cohen. to look back into the past so that we can has in the past. We will protect the Mr. President, I ask unanimous con- pledge to never again allow racial hatred to God-given blessings of all people to life sent that the full letter be printed in consume our ideals or humanity. and liberty, regardless of their race, the RECORD. In his Second Inaugural Address, President their ethnicity, or their religious be- There being no objection, the mate- Bush stated that, ‘‘Our country must aban- liefs. The Senate can do better; we rial was ordered to be printed in the don all habits of racism because we cannot have done better tonight. But the real RECORD, as follows: carry the message of freedom and the baggage of bigotry at the same time.’’ These are measure of what we have learned when JUNE 13, 2005. noble words and they deserve to be acted such acts occur in the future is, will First, I want to commend Senators George upon as well as invoked. this Senate rise and condemn it to pro- Allen and Mary Landrieu for their leadership Finally, let me say that this Resolution is tect those God-given liberties? I know in introducing Senate Resolution 39 and for but a first step in the process of educating their persistence in bringing it to a vote that Senator LANDRIEU and I believe the American people about our history; of the Senate will rise appropriately. today. I also wish to express my profound not allowing this part of our past to be re- gratitude to Mark Planning who has been in- Mr. President, with that, I ask unani- duced to a footnote, or glossed over and air mous consent that notwithstanding the defatigable in his quest for the passage of brushed into oblivion. this measure. An apology will not erase the criminality previous agreement, the Senate now While some members of the Senate ques- that was once considered a cultural or re- proceed to the vote on the pending res- tion why so many of us have been seeking gional privilege. An apology does not purport olution; I further ask unanimous con- the passage of this official expression of to serve as an absolution for the sins of the sent that notwithstanding adoption of apology at this time, the real question is past. the resolution, the remaining time why Senate action was not forthcoming dec- An apology, I concede, will do nothing for under the previous agreement remain ades ago. the thousands of people who perished during Consider the scope and depth of the crimes available for Senators who wish to what has been called, ‘‘the Black Holocaust. make statements, provided that any committed against humanity: more than It cannot repair the battered souls of their four thousand men and women were hung survivors. It is, after all, only a symbolic statements relating to the resolution from trees, many of them disemboweled, act. Our symbols, however, the Eagle, Old appear prior to its adoption in the CON- their limbs and organs amputated, and then Glory, Lady Liberty, to mention but a few, GRESSIONAL RECORD. set on fire. These heinous acts, carried out are but short hand narratives of who we are The PRESIDING OFFICER (Mr. BEN- and protected under the claim of ‘‘states as Americans. NETT). Without objection, it is so or- rights’’ were designed to terrify African- It is through an acknowledgement of the dered. American citizens, remind them that they Senate’s abdication of its duty to protect had fewer rights and protections than ani- Mr. ALLEN. I thank the Chair. and defend the rights of all of America’s citi- The PRESIDING OFFICER. The mals, and drive them from their land—all zens, that, perhaps, we can begin to under- while serving as entertainment for white so- question is on agreeing to the resolu- stand the pain and anger that still lingers in tion. ciety. the hearts and minds of so many who have Picnics were even held by white commu- been deprived of the equality promised in our The resolution (S. Res. 39) was agreed nities so that those who claimed to be de- Constitution. to. cent, law abiding citizens could witness and My friend and mentor, Dr. Martin Luther The preamble was agreed to. rejoice in the mutilation of those whose an- King, Jr. once said that, ‘‘The arc of history Mr. ALLEN. Thank you, Mr. Presi- cestors had been ripped from their homeland, bends towards justice.’’ dent. separated from their families, sheared of Today, as the Senate members cast their The PRESIDING OFFICER. The Sen- their identities, brought in chains to Amer- historic votes, that arc dips closer to its des- ator from Massachusetts is recognized. ica, and sold on the auction block as sub- tination. Mr. KERRY. What is the status of human chattels. JANET LANGHART COHEN. It is inconceivable that any person of rea- the time? Is it under control, or is it son or conscience, of any faith, Christian or Mr. ALLEN. Mr. President, I am just open? non-Christian, could possibly tolerate such proud that this resolution will pass to- The PRESIDING OFFICER. The Sen- barbarism, such a display of pure evil. But night. The Senate is going to be on ator from Virginia and the Senator people did, of course. They tolerated it and record condemning the brutal atroc- from Louisiana control the time.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12272 CONGRESSIONAL RECORD—SENATE June 13, 2005 Ms. LANDRIEU. Mr. President, I will So even today, as we take this gigan- A lot of us have read a lot about be happy to yield to the Senator from tic step, we are also saying to America World War II and the Holocaust and Massachusetts in just a moment. He that there is a journey still to travel. I other moments of history where there has been very patient. As a cosponsor don’t want to diminish one iota—and I is a knock on the door and life changes. of the resolution that just passed, it is don’t mean to because I believe what is But you have to stop and really think a privilege and it is appropriate for happening here today is so significant, what it was like in all but four States Senator KERRY to be one of the first but at the same time, it has to give all in our country, not just for African Senators to speak upon its passage. of us a kind of kick in the rear end to Americans but for new people, for folks I wish to just mention very briefly, get us out there to do that which is who had come here from other places because I am not sure he is going to be necessary, which gives fuller meaning to live the American dream. In some able to stay with us much longer, Mr. to the words that are going to be ex- cases, they were not knocks, they were James Cameron has been with us all pressed here and have been expressed just angry mobs screaming and yelling day. Mr. Cameron is 91 years old. He here—most important, to give fuller with torches and running rampant lives in Marion, IN. In 1930, when he meaning to the emotions that have through a household, dragging out peo- was 16 years old, a mob dragged him been laid bare for all of America to un- ple screaming. In other cases, there from a cell at Grant County Jail and derstand better by the families who was a pretext, more polite, but it was put a rope around his neck. He was ac- have come here to share this with us. never polite in what it ended up as. cused of a murder and a rape. He was I also join not just in thanking Mr. Lynchings were not just lynchings; nowhere around when it occurred. His Cameron and Ms. Johnson, and others, they were organized torture. They were associates, Abe Smith and Thomas but Janet Langhart, who is here with incidents of kinds of torture that de- Schipp, were both lynched that night. our former colleague and the former fied imagination, about which you do A man in the crowd spared him by pro- Secretary of Defense, Bill Cohen. We not even want to talk, the kinds of claiming that he, in fact, was innocent certainly appreciate her commitment things that any decent society ought and should be let go. He then went on to this effort and the meaning of this to stand up against. People were lit- to live an extraordinary life without to her and to all of the families who erally tortured for sport in front of bitterness, with a lot of love. He has have come here together. people, and crowds would cheer—bed- It is pretty incredible to think about been married for 67 years, has 4 chil- lam. Children were brought to be spec- it. Lynchings really replaced slavery. dren and multiple grandchildren. Sen- tators. Some of these photographs They came in the aftermath of slavery, ator EVAN BAYH, who serves in this show kids standing there with their around the 1880s. Between the 1880s and body—when he was Governor of Indi- eyes wide open and adults standing be- 1968—I have to pause when I think side them, who were supposed to be ana, he pardoned Mr. Cameron. But he about that because I was already a is really the one who has forgiven us young officer in the military. I had left more responsible, glued to the horror for what was done against him. college. I remember the early part of they were witnessing. I yield the floor to Senator KERRY. In the first half of the last century the 1960s devoted to the civil rights The PRESIDING OFFICER. The Sen- alone, in the 20th century, over 200 movement, the Mississippi voter reg- ator from Massachusetts is recognized. antilynching bills were introduced in istration drive. We were still recording Mr. KERRY. Mr. President, I start by the Congress—200. Three times, the lynchings during that period of time, thanking Senator LANDRIEU and Sen- but I did not know it, not in the sense House of Representatives passed ator ALLEN for their leadership on this that we know it today. antilynching legislation. Seven Presi- effort and for all those descendants of I thought I knew history pretty well, dents asked for this legislation to be families who have been absolutely ex- but I will tell you, until I saw this passed. The Senate said no. traordinary in the way in which they array of photographs which then So it is important that we are here relived their pain, brought it to the sparked my curiosity to read more today to apologize. Some people won- public view, kind of laid their hearts about it, I had always thought, like der what the effect of an apology is. We out on the table in a very real and most Americans, that a lynching was can understand that question being emotional way—that has been a won- just slinging a rope over a branch of a asked. This is sort of a day of reck- derful part of this process—and the tree and that was it. The story is so oning for us as a country, it is a mo- way in which the book Jimmy Allen much more gruesome than that, so ment for the conscience of our country put together has helped to unleash a much more dark and horrendous as a to be listened to by everybody. It is an pain that was never lost, never forgot- moment in American history that it is embarrassingly and unforgivably late ten by anybody, but never quite had a really hard to believe it happened at all moment in coming, but we are address- place to play itself out—until this pub- in our country, which is another reason ing a stain on our history, and we are lic effort that is being made by the it is so important that we are taking working to heal wounds across genera- Senate. this step to remember. tions. I believe that is important. Some There is no small irony, I suspect, in We have seen revisionism in almost people might try to diminish that, but the fact that the Senate is here sort of every part of history, including the the very lack of unity I mentioned ear- making good on what the Senate failed Holocaust. So it is good we are taking lier, in fact, goes to show why this to do. I personally am struck by even, this step today, and it is good we have apology is so important and why we all at this significant moment, the undeni- these photographs now brought to- have to keep moving in this direction. able and inescapable reality that there gether as a compilation of history, and No words, obviously, are going to are not 100 Senators as cosponsors. it is good that the Senate is taking undo the horror of those 5,000 Ameri- Maybe by the end of the evening there this effort tonight. cans losing their lives. No apology is will be, but as we stand here with this It is extraordinary to think that 99 going to just wipe away the memories resolution passed by voice vote, there percent of the perpetrators of lynch- of Mr. Cameron and others, though are not. ings escaped any reach of the law what- they have shown a greater graciousness Moreover, all the people in the Sen- soever. It is incredible to think that al- of understanding than others even at ate and the press understand how we most 5,000 people are recorded as inci- this moment. work here. It is critical that we take dents, and how many are not recorded? The fact is that this resolution can the step we are taking and have taken, How many went without the local au- be one more step in the effort for all of but at the same time wouldn’t it have thorities in each of those commu- us to try to get over the divide that been just that much more extraor- nities—who were already complici- still exists between races and as a re- dinary and significant if we were hav- tous in what happened, standing by, sult of Jim Crow in this country, but ing a recorded vote with all 100 Sen- permissive, turning away from basic only if we face the truth. It is the Bible ators recording their votes? We are human rights—how many of those inci- that reminds us that it is the truth not. dents were not recorded? that sets us free. And so it is that we

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12273 have to embrace it, commit ourselves cial meaning for her, and for the other legacy of racial discrimination, so that to putting our hearts and our actions family members of those who were im- 100 years from now we can look back where our words have now preceded us. pacted by these great tragedies of the and be proud, and not have to apologize This should be an important step for- past. I thank her and others for being once again. That means completing the ward, but, frankly, it will only do that here today. unfinished work of the civil rights if we do not stop here. Since America’s darkest days of Jim movement, and closing the gap that The truth is that it is not enough to Crow, separate but equal, fire hoses, still exists in health care, education, face the horror of lynchings if we then church bombings, cross burnings and and income. There are more ways to just walk out of here and consciously lynchings, the people of this great Na- perpetrate violence than simply a turn away from legally separate and tion have found the courage, on occa- lynching. There is the violence that we unequal schools in America. It is not sion, to speak up and speak out so that subject young children to when they do enough to decry decades of refusing to we can right this country’s wrongs, and not have any opportunity or hope, use the force of law against lynchings walk together down that long road of when they stand on street corners not if today we refuse to use the force of transformation that continues to per- thinking much of themselves, not law to tear down the barriers that pre- fect our Union. It is a transformation thinking that their lives are worth liv- vent people from voting, barriers in the that brought us the Civil Rights Act ing. That is a form of violence that this economy, divisions in the health care and the Voting Rights Act; a trans- Chamber could do something about. system that works for too few of those formation that led to the first Black As we are spending time apologizing who are in the minority in America. Member of Congress, and the first today for these past failures of the Sen- It is only by reconciling the past that Black and White children holding ate to act, we should also spend some we have to understand where we have hands in the same playground and the time debating the extension of the Vot- to go in the future and get there. I re- same school; a transformation without ing Rights Act and the best way to ex- mind my colleagues to remember the which I would not be standing here tend health care coverage to over 45 words of Julian Bond when he dedi- speaking today. But I am. And I am million uninsured Americans. We cated that beautiful, simple memorial proud because, thanks to this resolu- should be considering how we can make in Montgomery, AL, to those who gave tion, we are taking another step in ac- certain that college is affordable for their lives for civil rights. He said it knowledging a dark corner of our his- young African-American children, the was erected as much to remember the tory. We are taking a step that allows great, great-grandchildren or the great, dead as it was for those young people us—after looking at the 4,700 deaths great, great-grandchildren of those who who cannot remember the period when from lynchings, the hate that was behave been wronged. These are the ways the sacrifices began, with its small cru- hind those deaths, and this Chamber’s we can finally ensure that the blessings elties and monstrous injustices, its refusal to try and stop them—to finally of opportunity reach every single petty indignities and its death dealing say that we were wrong. American, and finally claim a victory in inequities. There are many too There is a power in acknowledging in the long struggle for civil rights. Today is a step in the right direction. young to remember that from that error and mistake. It is a power that Today’s actions give us an opportunity seeming hopelessness, there arose a potentially transforms not only those to heal and to move forward. But for mighty movement, simple in its tac- who were impacted directly by the those who still harbor anger in their tics, overwhelming in its impact. That lynchings, but also those who are the hearts, who still wonder how to move is why we have to remember the period progeny of the perpetrators of these on from such terrible violence, it is of the lynchings. That is why this reso- crimes. There is a piercing photo- worth reflecting for a moment on one graphic exhibit in Chicago right now lution is important—for the young peo- remarkable individual: Mamie Till that displays some of the lynchings ple who do not know what it means to Mobley. wake up in the middle of the night to that occurred across the country over Mamie Till Mobley’s child Emmett hear that knock, for young people to the past two centuries. These photo- was only 14 years old when they found need to commit to help our country graphs show that what is often most him in the Mississippi River, beaten complete the journey in order to guar- powerful is not the gruesome aspects of and bloodied beyond recognition. After antee we make it all that it promises the lynching itself, nor the terrible Ms. Mobley saw her child, her baby, un- to be and can be. rending of the body that took place. recognizable, his face so badly beaten We will never erase what Mr. Cam- No, what is most horrific, what is most it barely looked human, someone sug- eron or Mr. Wright and too many oth- disturbing to the soul is the photo- gested that she should have a closed ers went through, but we certainly can graphs in which you see young little casket at his funeral. She said: No, we honor the legacy of these civil rights White girls or young little White boys are going to have an open casket, and heroes and the martyrs who came be- with their parents on an outing, look- everybody is going to witness what fore us by doing right by them and by ing at the degradation of another they did to my child. the country. I hope this resolution will human being. One wonders not only The courage displayed by this mother help us do that. what the lynching did to the family galvanized the civil rights movement I yield the floor. member of those who were lynched, but in the North and in the South. And, de- The PRESIDING OFFICER. Who also what the effect was on the sen- spite the immensity of the pain she yields time? sibilities of those young people who felt, Mamie Till Mobley has repeatedly Mr. KERRY. Mr. President, I yield stood there, watching. said: I never wasted a day hating. such time to the Senator from Illinois Now that we are finally acknowl- Imagine that. She never wasted a day as he should use. edging this injustice, we have an oppor- hating, not one day. The PRESIDING OFFICER. The Sen- tunity to reflect on the cruelties that I rise today, thanking God that the ator from Illinois. inhabit all of us. We can now take the United States Congress—the represent- Mr. OBAMA. Mr. President, I rise in time to teach our children to treat peo- atives of the American people and our strong support of this resolution. Be- ple who look different than us with the highest ideals—will not waste one more fore I make any further remarks, I same respect that we would expect for day without issuing the apology that would like to recognize Doria D. John- ourselves. So it is fitting, it is proper, will continue to help us march down son, and thank her for coming. She is and it is right that we are doing what the path of transformation that Mamie from Evanston, IL. Ms. Johnson is the we are doing today. Till Mobley has been on her whole life, great, great-granddaughter of Anthony However, I do hope, as we commemo- and that the people in attendance in Crawford, a South Carolina farmer who rate this past injustice, that this the gallery have been on for genera- was lynched nearly 100 years ago for Chamber also spends some time doing tions. the crime of being a successful Black something concrete and tangible to I am grateful for this tribute, and I farmer. I am sure that this day has spe- heal the long shadow of slavery and the am looking forward to joining hands

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12274 CONGRESSIONAL RECORD—SENATE June 13, 2005 with my colleagues and the American brilliant glare of the electric lights. At The Arkansas Times article recounts people to make sure that when our Varner, George Harris was taken from jail a conversation that occurred 30 years children and grandchildren look back and shot for killing a white man, for poi- later, in September 1957 of a mother at our actions in this Chamber, we do soning his domestic happiness. talking to civil rights pioneer Daisy At Wilmar, a boy was induced to confess to not have something to apologize for. the commission of an outrage, upon promise Bates about the John Carter lynching. I yield the floor. of his liberty, and when he had confessed, he The mother had this to say: The PRESIDING OFFICER. The Sen- was strung up and shot. Over in Lonoke I am frightened Mrs. Bates. Not for myself, ator from Arkansas. County, a whole family consisting of hus- but for my children. When I was a little girl, Mr. PRYOR. Mr. President, I join my band, wife and child were shot down like my mother and I saw a lynch mob dragging colleagues today to talk about one of dogs. Verily the situation is alarming in the the body of a Negro man through the streets extreme. of Little Rock. We were told to get off the our Nation’s darkest periods, a stain in streets. We ran. And by cutting through side history we would rather forget but that There were few honest press accounts streets and alleys, we managed to make it to we cannot ignore. While White mobs of such lynchings, a problem that con- the home of a friend. committed 4,742 hangings, floggings tinues to trouble historians today as But we were close enough to hear the and burnings of African Americans, the they put together the pieces of this pe- screams of the mob, close enough to smell Senate watched indifferently, failing to riod. Most Arkansas press accounts the sickening odor of burning flesh. And, pass any of the 200 separate bills before were no different. Lynchers were con- Mrs. Bates, they took the pews from Bethel sidered heroes, officers conniving, and Church to make the fire. They burned the it to make lynching a Federal crime. S. body of this Negro man right at the edge of Res. 39, expressing the Senate’s apol- the accused guilty. the Negro business section. ogy for failing to adopt antilynching A case in point: In 1919, Arkansas would be home to a The woman speaking to Daisy Bates legislation, is long overdue. I express was named Birdie Eckford. Her daugh- my sincere apologies and regret to the terrible racial injustice—the so-called Elaine Race Riot. ter Elizabeth, one of the Little Rock families in Arkansas and the Nation, Nine, would walk through an angry, especially to the victims and their de- According to sketchy accounts that have been pieced together by histo- threatening crowd the following day to scendants, that this body failed to help claim her right to an equal education at a time when they needed it most. rians, in September 1919, black sharecroppers met to protest unfair settle- at Little Rock Central High School. I hope that acknowledging these Little Rock Central High School ments for their cotton crops from grave injustices of the past will help today reminds us of some of the dark- white plantation owners. Local law en- begin to heal the wounds that exist est days during the civil rights move- forcement broke up the union’s meet- today. Even more so, this acknowledgement. As a former student, however, I ing, and the next day a thousand white ment should serve as a lesson that gov- can tell you that it also represents men, and troops of the U.S. Army, con- ernment must step in to help foster ra- hope and achievement. cial reconciliation, ensure the mob verged on Phillips County to put an The year 2007 will mark the 50th an- mentality never returns, and protect end to the black sharecroppers’ so- niversary of the desegregation process those who are most vulnerable. called ‘‘insurrection’’. at Little Rock Central High School. The Senate can start by continuing The number of African-American Last Friday, I spoke with seven mem- to advance civil rights and equality, deaths from this lynching is disputed, bers of the Little Rock Nine to tell and work to close the divide that con- ranging from 20 at the low end to 856 them that we are closer to funding an tinues in our neighborhoods, schools men and women on the high end. adequate visitor center and museum in The details of the Elaine Race Riot of and workplaces. I am afraid that if we time for his landmark anniversary. don’t start truly addressing inequities 1919 have never been formally written Minnijean Brown Trickey, one of the we will look back once again at the down, but Mayor Robert Miller of Hel- Nine, said this Visitors’ Center will Senate’s inaction with disdain and re- ena, AR remembers them vividly. serve many purposes, but what struck morse. At the time, Mayor Miller’s four un- me was her assurance that the Center Most of the worst offenses of lynch- cles were preparing for a hunting trip. ‘‘is an opportunity for healing.’’ ing occurred in the south and Arkansas Three of them had traveled to a town Today’s resolution offers similar op- was no different. Between the years near Elaine, Helena, AR, for this spe- portunities. It allows us to remember 1860–1936, 318 lynchings occurred in Ar- cial occasion, which turned tragic the past, begin healing from that past, kansas. Of this number, 230 were black, when a mob saw the brothers with guns look at how far our Nation has come to including 6 females. Three-quarters of in hand, and assuming they were part address equality and discrimination the lynchings in our State that are re- of the ‘‘insurrection,’’ all four were im- and rededicate ourselves to acknowl- corded were against African Ameri- mediately killed. edging how much further we must go cans. Of the anti-lynching legislation we from here. Of course, statistics don’t have a are considering today, Mayor Miller I yield the floor. face, they don’t feel pain, nor do they says, ‘‘It won’t change what happened, The PRESIDING OFFICER. The Sen- hold memories. But people and families but at least it’s a good thing, a move- ator from Colorado. all over Arkansas do, and they remem- ment in the right direction.’’ Mr. SALAZAR. Mr. President, I rise ber these crimes and the Senate’s inac- A 2000 article from the Arkansas this evening to speak in support of S. tion to protect them. Times reports on Arkansas’ most high- Res. 39, apologizing for the Senate’s In March 1892, a reporter from the profile lynching and the lasting impact failure to enact antilynching legisla- Christian Recorder reported the chaos it has had on families in Arkansas tion. It is important for us to reflect on and hopelessness occurring throughout today. the statements that have been made by the state: In May 1927, a mentally retarded my colleagues, including the distin- There is much uneasiness and unrest all black man named John Carter was ac- guished Senator from Louisiana and over this State among our people, owing to cused of attacking a white mother and the distinguished Senator from Vir- the fact that the people all over the State daughter. Upon his capture near Little ginia, so that we can remember the his- are being lynched upon the slightest provo- Rock a mob of 100 quickly gathered and tory of this country and how America cation; some being strung up to telegraph prevented police from taking him to has been an America in progress. The poles, others burnt at the stake and still oth- Little Rock, where police would pro- past can be painted in statistics or it ers being shot like dogs. tect him from being lynched. can be painted in the stories of people In the last 30 days there have been not less After hanging him from a utility than eight colored persons lynched in this who have suffered from the unjust re- State. At Texarkana a few days ago, a man pole, the mob dragged John Carter’s sult of the absence of an antilynching was burnt at the stake. body through the city, and burned it in law. In Pine Bluff a few days later two men downtown Little Rock at 9th and We can speak about the time between were strung up and shot, and this too by the Broadway. 1882 and 1968 when there were nearly

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12275 5,000 lynchings. These lynchings that Court under the leadership of Justice has come to this point that it could occurred were not lynchings that oc- Warren to say in these United States, critique itself for this legislative curred just in the southern part of the separate but equal was unconstitu- body’s failure to enact antilynching United States of America but happened tional under the 14th amendment. It laws back at a time when it would have throughout most of the States of our took more than half a century more for been so important to stop these kinds country, including in my own home the U.S. Supreme Court to make that of mayhem and murderous rampages State of Colorado, where a historian statement. where mobs would take, supposedly, has in his own research concluded that So when we look to the future of justice into their own hands. there were about 175 lynchings in Colo- America, when we look to the diversity Thank goodness we have come to a rado between 1859 and 1919. that defines our country, it is my belief point at which we can admit our mis- It is appropriate and fitting that that this next century will be defined takes, even though this is several gen- today we apologize for the absence of by how we as an American society em- erations later, and pass such a resolu- those laws, that we recognize people brace the concept of an inclusive tion as we will do tonight. like James Cameron who became a sur- America. When we embrace a concept Interestingly, one of my political he- vivor of the lynchings of that time pe- of an inclusive America, we talk about roes is a person who Americans rarely riod, recognize that this Senate today including people of all backgrounds—be hear about. He was a British Parlia- says we apologize for that past. they Anglo Americans, French Ameri- mentarian in the late 1700s and the It is perhaps even more important to cans, African Americans, Latinos, Na- early 1800s named William Wilberforce. look to the future of America and to tive Americans, women—that we as an Wilberforce was elected to the Par- look at the racial issues and the chal- American society will be challenged in liament at the age of 21 along with one lenges we face as a nation to create an the century ahead by how we deal with of his best friends, William Pitt, the America that truly is an America of in- the issue of inclusion, and the great- Younger. And in 3 years, at age 24, Pitt clusion. It is one thing to stand in the ness of this country will be defined by was elected Prime Minister. Of course, Chamber of the Senate today, to look how successful we are in making sure Wilberforce could have been in his Cab- at our history, and to learn from that we are inclusive of all people. inet. But at that point Wilberforce had painful history, but it is equally as im- There are some who have recognized recognized the great evil of the day and portant to look to the future and to this. Justice Sandra Day O’Connor, in dedicated his life to the elimination of recognize the challenges we face in this writing for the U.S. Supreme Court in the economic order of the day, which America in the decade ahead, and the the now famous decision of the Univer- was the English slave trade where the 100 years ahead require us to learn sity of Michigan from several years captains would take the boats down off from those very painful lessons of the ago, made the following comment the coast of Africa under the guise of past. about the importance of diversity in friendship, round up native Africans, When one looks at those very painful higher education in the majority opin- put them in the holds of those slave lessons of the past, we have to recog- ion: ships, and take them to the New World nize for the first 250 years of the begin- These benefits are not theoretical but real, and sell them. nings of this Nation we had a system of as major American businesses have made Wilberforce is a hero to me because, law that recognized it was OK for one clear that the skills needed in today’s in- as a government official, a member of group of people to own another group creasingly global marketplace can only be Parliament, he would not even join developed through exposure to widely di- William Pitt, the Younger’s Cabinet. of people under our system of slavery verse people, cultures, ideas, and viewpoints. just because of the color of their skin. He wanted to devote his life to the That was from the brief submitted by It is important for us, also, to recog- elimination of the slave trade. It took General Motors. She went on to say: nize that it took the bloodiest war of him 20 years to do it. Time after time, the United States during the Civil War, What is more, high-ranking retired officers he was beat back, but he persevered, and civilian leaders of the United States and he finally won, 20 years later. for over half a million people were military assert, based on their decades of ex- killed on our own soil in America to perience, a highly qualified racially diverse Then, before Wilberforce died, he saw bring about an end to the system of officer corps is essential to the military’s that Parliament actually abolished slavery and to usher in the 13th, 14th, ability to fulfill its principal mission to pro- slavery. That was some 30 years before and 15th amendments which are the vide national security. slavery was abolished here in America. bedrock of the constitutional liberties It was in that articulation by Justice So it is a privilege for me to be here we now endow upon all people of Amer- Day O’Connor, where she articulated at long last to join our colleagues to ica. the challenge and the opportunity that apologize for the Senate’s failure in the Notwithstanding the fact that in that we have as an American society, the 1930s to pass legislation outlawing the time period of the Civil War we saw the 21st century unfolds in front of us. barbaric practice of lynching. For more blood and life of so many Americans In my estimation, the greatness of than a century, this country presented laid down in this country, we still con- this country depends on our learning two realities to its citizens. Enshrined tinued through another period of al- and not forgetting the painful lessons in our Constitution is a government most 100 years where we divided our of the past, including the lynchings and a legal system designed to protect Nation according to groups. It was over that occurred across America, while the rights of all Americans so that our 100 years ago when Justice Harlan, also looking forward to the challenge freedom cannot be taken away or in- writing for the dissent in the now fa- of including people of all backgrounds fringed upon without due process of mous case of Plessy v. Ferguson, made and all races in all of the business af- law. But for many decades, however, the following observation, disagreeing fairs and civic affairs of this Nation. this system of justice and respect for with the U.S. Supreme Court on the I yield the floor. the rule of law did not apply to all of segregation system which was ushered The PRESIDING OFFICER. The Sen- the citizens of this country. in under that decision, saying: ator from Florida. In 1857, in the Dred Scott Supreme The destinies of the races, in this country, Mr. NELSON of Florida. Mr. Presi- Court decision, that guarantee in the are indissolubly linked together and the in- dent, I am very glad we are passing U.S. Constitution that all men are cre- terests of both require that the common gov- this resolution. There have been at- ated equal was not intended to include ernment law shall not permit the seeds of tempts in the past by other Members of Blacks by that decision. For many race hate to be planted under the sanction of Congress, such as my good friend, the years later, Black Americans found few law. former Congressman Tony Hall of Ohio, protections in the constitutional guar- That was over 100 years ago. Yet it who had tried several years back to get antees of liberty and freedom and equal took more than half a century, until a resolution of apology with regard to protection under the law. A Black man 1954, in the decision of Brown v. Board slavery. They never could work out all accused of a crime against a White per- of Education, for the U.S. Supreme the details. I am very glad the Senate son found that he had no access to the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12276 CONGRESSIONAL RECORD—SENATE June 13, 2005 courts to prove his innocence, he had took her 14-year-old son Emmett to the resents Atlanta, GA, as a Member of no access to a fair and impartial jury 63rd Street Station in Chicago to catch the House of Representatives. He was of his peers. All too often, White citi- the southbound train to Mississippi. one of the pioneers in the civil rights zens, armed with guns and feelings of Emmett was going to spend the sum- movement. He was 15 years old, 1 year righteousness, would take the accused, mer with his great uncle and aunt in a older than Emmett Till, growing up in as law enforcement officers stood by, town called Money, MS, in the heart of Alabama, when he saw those photo- and brutalize them and hang them in a the Mississippi Delta. graphs of this young man. Like mil- public setting for other members of the The next day, August 21, 1955, young lions of African Americans, JOHN LEWIS community to view and feel avenged. Emmett Till arrived in Mississippi. He was haunted by the image. He told a How horrible would that be, a public spent the next few days helping out Washington Post reporter recently: I spectacle that was supposed to intimi- around the house, working with his remember thinking it can happen to date, that was supposed to strike fear. great uncle, Moses Wright, in the cot- anyone, me or my brothers or my cous- Did it? You bet it did. It was meant to ton fields. ins. It created a sense of fear that it send a message to the members of the On August 24, after a long day of could happen to anyone who got out of Black community that they better re- working in the fields, Emmett and a line. main in their place, to remember that group of teenagers went into town to Those images of Emmett Till in- the guarantees of freedom and fairness Bryant’s Grocery Store for some re- spired more than fear. In many people, in the Constitution did not include freshments. The store—owned by a they inspired courage and resolve. them. White couple named Roy and Carolyn There was a decision made by so many In my State of Florida, there were 61 Bryant—served primarily Black work- at every level of life in America to no lynchings of Black Americans between ers, sharecroppers, and their kids. Em- longer ever tolerate the brutal inhu- 1921 and 1946, which, of course, rep- mett went into Bryant’s Grocery Store manity of hatred and racism of Jim resents only a fraction of the total to buy some bubble gum. Some kids Crow laws. When Rosa Parks, the leg- number that were committed in my who were hanging out outside the store endary civil rights leader, refused to State. There is no justification or ex- accused Emmett of whistling at Caro- give up her seat on that bus in Mont- planation for these horrible acts of vio- lyn Bryant, one of the proprietors of gomery, AL, it was 100 days after Em- lence. As a nation that respects the the store. mett Till’s murder. She said, when rule of law and court-prescribed jus- Four days later, on August 28, Caro- asked later: How did you show the tice, what happened was vigilantism lyn Bryant’s husband and his half strength to do that, stand up against and mob rule. That is what determined brother went to Moses Wright’s home everybody and say, no, I will not sit in ‘‘justice.’’ And that is never justifiable. at 2:30 in the morning. They kidnapped the back of the bus, she said she got There is a place in Florida called young Emmett Till from his bed, and her courage by thinking of that young Rosewood. It was the site, in the 1920s, they committed one of the most noto- man, Emmett Till. of what many describe as a massacre. rious and horrific lynchings in Amer- Eight years later, in a song entitled That Black community was destroyed ican history. They brutally beat this ‘‘The Murder of Emmett Till,’’ the by Whites. No arrests were ever made young man from Chicago, IL, Emmett great poet/songwriter Bob Dylan had in as many as 27 racial killings in that Till. They gouged out his eyes, they the following lyrics: location. shot him in the head, they tied a large Florida finally passed the Nation’s If you can’t speak out against this kind of metal fan around his neck with barbed first compensation for Blacks who suf- thing, wire, and they threw his mangled, dead a crime that’s so unjust, fered from those past racial injustices. body into the Tallahatchie River. your eyes are filled with dead men’s dirt, It was all directed back to the mas- A few days later, his broken and your mind is filled with dust. sacres that had occurred at Rosewood, bloated body was found floating in the Today, 50 years after Emmett Till’s FL. The 1994 Florida Legislature passed river. Emmett Till was returned to his brutal murder, the Senate will for- the Rosewood Claims Bill to com- mother in Chicago in a coffin. On Sep- mally and officially offer apologies to pensate victims for loss of property as tember 3, 1955, Mamie Till held a his- not just the families of Emmett Till a result of the failure to prosecute toric funeral for her son at Roberts but the nearly 4,800 other Americans those individuals responsible. I felt as a Temple Church of God in Chicago. She who died at the hands of lynch mobs in Floridian that this acknowledgement our country, in this great Nation of was long overdue, and it made me did a courageous thing: She directed America, between 1882 and 1968. We proud to see, at long last, that we ad- that the casket remain open so that ev- dressed the tragedy of Rosewood. eryone could see what hatred and rac- offer our apologies as well to the Now, as a Member of the Senate, I be- ism had done to her little boy. countless millions of Americans who lieve this resolution we are passing to- Tens of thousands of Chicagoans were forced to live with the fear that night is long overdue. In being proud of came to say goodbye to 14-year-old Em- they could be the next victim. this event, I am also humbled to stand mett Till, a young man who just a few Emmett Till’s cousin, Simeon up as a Member of the Senate and to weeks before got on that train to visit Wright, was lying next to Emmett the personally apologize for the Senate’s his family in Mississippi. News cov- night he was kidnapped and lynched. failure to act—a failure to outlaw bar- erage of that funeral reached millions Simeon Wright is with us today. Doria baric acts such as lynchings and racial more around the world. Jet Magazine Johnson, from Evanston, IL, also is massacres. made a historic decision: They decided with us today. Her grandfather, An- I am proud, too, that we can today to print actual photographs of Emmett thony Crawford, was lynched by a reaffirm that we are a nation of laws Till’s mutilated body lying in the cas- White mob in Abbeville, SC, in 1916. He designed to protect the freedom and ket and cover his funeral. The decision was beaten, hanged, and shot more liberty of all Americans—all Ameri- by that magazine and the publicity than 200 times. What kind of offense cans—regardless of race. that came with Emmett Till’s tragic would merit that kind of punishment? Mr. President, I yield the floor. death changed people across America. I What had Anthony Crawford done? An- Mr. DURBIN. Mr. President, this is cannot tell you how many African thony Crawford, in 1916, in South Caro- an issue that will be considered by the Americans I have met who said that lina, a Black man, got into an argu- Senate later this evening, an issue of the world changed after the murder of ment with a White man over the price historic importance. It will be an offi- Emmett Till. They came to realize that of cotton seed at a store. cial apology by the Senate for the Sen- what happened to him should not be al- To them and to all who lost a loved ate’s failure to protect victims of lowed to happen in America. one to lynching and to those who lost lynching in America. One of my favorite friends in Con- a piece of their own childhood and Fifty years ago, on August 20, 1955, a gress, one of my heroes of all time, is their own sense of security, we say Chicago woman named Mamie Till a man named JOHN LEWIS. He rep- today formally and officially in the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12277 Senate that we were wrong—wrong for side of the South in places such as before his father died. The hands on failing to protect them, wrong because downstate Cairo,’’ IL. That is an im- that watch stopped when Emmitt Till we never said we were sorry. portant point. Lynching was not just a was tortured and murdered. The murders of Emmett Till and An- southern shame, it was an American Much has changed in the 50 years thony Crawford are among those docu- shame. While most lynchings occurred since Emmitt Till died, but some small mented in a groundbreaking book and in the South, they also happened in the part of America’s soul has always re- museum exhibit called ‘‘Without Sanc- North. mained frozen in that time because of tuary: Lynching Photography in Amer- I commend Senators MARY LANDRIEU our failure to formally acknowledge ica.’’ The exhibit has traveled all over and GEORGE ALLEN for authoring this that what happened was wrong. By the United States and opened just last resolution and working so hard to have apologizing to the victims of lynch- week at the Chicago Historical Soci- the Senate take it up and right this ing—and by having the courage to pro- ety. historical wrong. It is my hope the tect the victims of hate crimes today— Mr. President, just a few days ago, Senate will match the words of this we can reclaim that piece of our soul the Chicago Sun-Times did an editorial resolution with action. It is not enough and move forward in time as one Na- on this issue of lynching and this ex- to apologize for the failure of our pred- tion indivisible. hibit. I ask unanimous consent that ecessors to protect their fellow citizens Mr. LEVIN. Mr. President, the opportunity has finally come to make the the editorial be printed in the RECORD. from violent prejudice. We have a re- There being no objection, the mate- sponsibility to protect those who are record right—to begin to balance what rial was ordered to be printed in the targets of today’s hate crimes as well. has been an imbalance. We have come to this floor to apologize for the silence RECORD, as follows: Senator TED KENNEDY, a Democrat, of the U.S. Senate regarding the lynch- [From the Chicago Sun-Times, June 12, 2005] and Senator GORDON SMITH, a Repub- ing of our fellow Americans, primarily EXHIBIT OF LYNCHING PHOTOS SHOWS EVIL WE lican, have been trying for years to persuade Congress to pass a new, African Americans. MUST REMEMBER Tonight, we begin to redress the stronger Federal hate crimes bill. Year The Chicago Historical Society’s ‘‘Without lynching madness that swept our coun- after year, they have met with resist- Sanctuary: Lynching Photography In Amer- try from the 1880s and which continued ica’’ seems an unlikely exhibition to launch ance. unchecked through the 1950s, and even in a Northern city. But the link between Chi- Listen to the arguments of those who as recently as the 1960s. It is estimated cago and ‘‘murder by a mob of an individual oppose a stronger hate crimes bill that nearly 5,000 Americans were outside the confines of the legal system,’’ a today, and you hear the same argu- lynched during this time. African definition that comes halfway through the ments that were made against a Fed- exhibit, is long-standing. It has been 50 years Americans were strung up from trees, eral antilynching bill decades ago. The since Chicagoan Emmett Till was lynched in burned at the stake, mutilated in the names have changed, the arguments Mississippi. That case is still with us. town square for all to see. Those who Till’s murder, for allegedly whistling at a and the excuses are the same. committed such atrocities went with- They say we in Congress cannot pass white woman, shocked an entire nation and out punishment. Justice was not only sparked the civil rights movement in the a strong hate crimes bill because it will denied, it was ignored, abdicated, and North, but lynching had gone on for decades. infringe on States rights or because the overthrown. Journalist Ida Wells-Barnett was crusading Constitution does not give Congress ex- against it in 1892 when three successful black The victims were not just those who plicit authority to pass such a law. were killed. A lynching is not only a businessmen were lynched. Through her fear- Listen to what a Member of the less reporting, Barnett established that heinous and savage act against one per- lynching was not the white man’s response House of Representatives, James son; it is an act of violence against the to a black man’s abuse of white women, but Woods of Virginia, said in 1922: rights of an entire community. Its vic- that most lynchings were caused by ‘‘eco- This bill, commonly known as the ‘‘anti- tims are everyone who hears its hateful nomic competition and racial hatred.’’ lynching bill’’ would be described more accu- message. In 1893, Barnett stood outside the Chicago rately if designated—from the standpoint of Ida B. Wells-Barnett explained well World’s Fair and protested the exclusion of its effects rather than from its purpose—as a African Americans, while handing out copies ‘‘bill to override the Constitution of the the nature of lynching in America. of her pamphlet: ‘‘Southern Horrors: Lynch United States, to foment race hatred, and to Born in Mississippi a few months be- Law in All Its Phases.’’ Still, except for pro- revive sectional animosity.’’ If it were pos- fore the signing of the Emancipation test art such as Claude McKay’s ‘‘The sible to put an end to lynching by a lawful Proclamation, Ida Wells-Barnett was Lynching’’ and Billie Holiday’s ‘‘Strange act of Congress, none would support such the editor and co-owner of a Black Fruit,’’ the sadistic killing of black Ameri- legislation more earnestly than we of the newspaper called ‘‘The Free Speech and cans has mostly been hidden from America’s South. Headlight.’’ In 1900, she wrote: mainstream. The Constitution does not say any- Our country’s national crime is lynching. The Chicago Historical Society’s exhibit thing explicitly about the Civil Rights It is not the creature of an hour, the sudden will change that. And it strikes us as fitting Act, which the Senate passed 41 years outburst of uncontrolled fury, or the un- that photographs and documents, many of ago, or the Voting Rights Act, which speakable brutality of an insane mob. It rep- which are on loan from private collections, resents the cool, calculating deliberation of have ended up here. Although the re-opening turns 40 today. There always will be political voices that will find excuses intelligent people who openly avow that of the Till murder case has sparked new in- there is an ‘‘unwritten law’’ that justifies terest in this subject, many young to delay acting on the moral challenges them in putting human beings to death with- Chicagoans probably do not know how wide- of our time. out complaint under oath, without trial by spread this crime was or that it occurred Finding the moral courage to deal jury, without opportunity to make defense, outside of the South in places such as with those challenges in our own time and without right of appeal. Downstate Cairo. is the real test of leadership. What is it ‘‘No part of the nation was immune,’’ as Lynching was an attack on the rule the exhibit recalls with a quotation from we are doing or failing to do today that of law itself, and yet the U.S. Senate W.E.B. Du Bois. ‘‘We must remember because would lead the Senate 50 years from did not act against it. Antilynching if the world forgets evil, evil is reborn.’’ now to apologize? That is the question. legislation was called for by seven U.S. The 53 images of lynchings that took place I hope Congress will pass the Ken- Presidents. The House of Representa- between 1870 and 1961 constitute a shocking nedy-Smith hate crimes bill as tan- tives passed three antilynching bills. testament to America’s shame. The lynching gible proof to the victims of lynching This body passed none, though many exhibition runs through Dec. 4. Don’t miss it. that we will never again withhold our were introduced. Mr. DURBIN. Mr. President, this edi- protection when Americans are per- In 1935, Senator Edward Costigan torial from the Chicago Sun-Times secuted and killed simply for being spoke in favor of an antilynching bill urges people to attend the exhibit and who they are. he had introduced with Senator Robert notes that ‘‘many young Chicagoans When Mamie Till put her son on that Wagner. Having made a careful yet pas- probably do not know how widespread train for Mississippi, he was wearing a sionate argument for his proposed leg- this crime was or that it occurred out- watch he had been given by his father islation, Senator Costigan concluded:

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12278 CONGRESSIONAL RECORD—SENATE June 13, 2005 If one can mention, much less picture such this important resolution. I commend The vast majority of victims were Af- appalling facts as I have recited without my friends and colleagues, Senator rican Americans who were killed solely being revolted, he is indeed hardened out of LANDRIEU and Senator ALLEN, for their because of their race. In the year 1892 all semblance to humanity. They destroy our claim to civilized life. They must not be per- leadership on this important issue. alone, 230 persons were lynched—at mitted to multiply. Every repetition of mob It is difficult to address this subject least one victim every other day. We brutality denies its victims the right of without noting the shameful record of must never forget that injustice. Many speedy and impartial trial and the equal pro- Senate inaction on the issue of lynch- whites also fell victim to this bru- tection of laws guaranteed by the Constitu- ing. As noted in the text of the resolu- tality, singled out for their religion or tion. No man can be permitted to usurp the tion, 4,742 people were lynched in the ethnicity, their refusal to accept the combined functions of judge, jury, and exe- United States between 1882 and 1968. racial hierarchy, or other reasons. cutioner of his fellow men; and whenever any During that time, 7 U.S. Presidents state fails to protect such equal rights, I sub- Lynching was devastating to African mit that the federal government must do its pushed for Congressional action on American communities. It struck fear utmost to repair the damage which is then what had succeeded slavery as the ulti- into the hearts and minds of African chargeable to us all. mate expression of racism. Between Americans, who knew they could be Faced with both the opportunity and 1920 and 1940, the House of Representa- killed at any time for the most trivial the responsibility to act, the Senate tives passed strong antilynching meas- of offenses or for no offense at all. simply failed. That failure is a perma- ures on three different occasions. Year after year, the Federal Govern- nent stain on this body, and we are not Sadly, the Senate failed to do its duty ment and State and local governments trying to wipe it away. We only hope to enable antilynching legislation to be failed to respond effectively to the dan- that acknowledging it will allow for enacted, thus allowing this despicable, ger. The perpetrators had little reason some national healing. murderous practice to continue. to fear that they would be prosecuted To the families of victims of lynch- This Senate Resolution is long, long or convicted. In some cases, scheduled ing who sit in the Senate Gallery to- overdue. As we all know, the Senate lynchings were announced in news- night, let me offer my personal sorrow has a basic Federal responsibility to papers beforehand, demonstrating the over the injustice you have suffered. I provide protection to those in need. unwillingness of local law enforcement hope our action today will bring you While our predecessors failed in that to intervene. Photos of lynchings show some comfort, though it cannot ease regard, we have an opportunity today onlookers grinning at the camera. The your loss. to begin healing the wounds that this failure of local authorities to prevent As the ranking member of the Armed body’s failures have inflicted upon the these atrocities dehumanized, demor- Services Committee, I also want to say African American community for so alized, and terrorized black Americans. a special word about the members of many years. When the 370,000 African-American the American Armed Forces who were The apology we issue today comes soldiers who served in World War I re- lynched in the country they had de- too late for the thousands of Ameri- turned home, many believed that they fended. Following both World War I cans brutally slain in this abhorrent had earned the equality they had pre- and World War II, returning soldiers manner. Hopefully, by our acknowledg- viously been denied. Their hopes soon were lynched, many while still wearing ment of wrongdoing, and our sincere turned to frustration, as the discrimi- their military uniforms. It is difficult apology, we can bring some solace to nation of the pre-war years was re- the family members who still recall— to imagine a more unjust situation. newed and reinvigorated. Even newly all too vividly—the horror of having a There would be no new respect for discharged soldiers were lynched, still these brave African Americans who had loved one murdered by lynching. We must never forget the thousands wearing their uniforms. fought for our country, only the old Lynching was more than isolated of men, women and children who were order of injustice and hate. acts of brutality. It was vigilante mob Mr. President, it is easy for the Sen- deprived of life, human dignity, and the murder that became systemic, ritual- ate to apologize now. This is not a Constitutional protections that are to ized and condoned by a racist society. tough decision, only a somber one. But be accorded all U.S. citizens, We have a It became a cruel weapon of white su- there are still tough decisions ahead. responsibility—to all Americans—to premacy which took the lives of many While we cannot bring justice to those ensure that the tragedy of lynching, African Americans and terrorized who were lynched, we can continue to and this body’s failure to address it, whole communities. Along with Jim bring about the just society that was will neither be forgotten, nor repeated. Crow laws, segregated schools and dis- mocked and shredded by acts of lynch- Mr. KENNEDY. Mr. President, I join ing. my colleagues in condemning the mal lack of property rights, lynching In that spirit, I hope that today is shameful role of lynching in the Na- was used as an organized weapon of op- part of a larger effort toward racial tion’s history and the decades of re- pression that denied the fundamental reconciliation and justice. We can con- fusal by the Nation, especially the rights of tens of millions of African tinue by honoring the Tuskegee Air- United States Senate, to act against it. Americans. As W.E.B. DuBois stated, men with the Congressional Gold I commend my colleagues Senator the things that ‘‘the white South Medal for their contributions to our LANDRIEU of Louisiana and Senator feared more than Negro dishonesty, ig- Nation’s defense and to its progress, as ALLEN of Virginia for bringing this im- norance and incompetency, [were] proposed in bipartisan legislation, S. portant issue before the Senate floor Negro honesty, knowledge, and effi- 392, introduced on February 16, 2005. and taking this long overdue action. ciency.’’ Lynching was part of an orga- And we can make progress on so many And I thank the family members of the nized attempt to oppress African- vital issues—education, health care, victims of lynching, many of whom American communities and exclude jobs—that would improve the lives of traveled great distances to be here them from the American dream. African Americans and all Americans. today. In 1900, African-American Congress- We have moved past lynching, but we The history of lynching is a stain on man George White introduced the first have not reached justice. I hope we will the Nation’s past. Over 4,700 persons antilynching bill, only to see it die in not fail to act. were lynched in the United States from committee. Brave men and women like In closing, I would like to thank my the 1880s to the 1960s. Ida B. Wells, W.E.B. DuBois, and others able colleagues, Senator MARY LAN- These lynchings involved acts of unin the NAACP, lobbied tirelessly for DRIEU and Senator GEORGE ALLEN, for speakable cruelty. Many victims were Federal antilynching legislation in the their diligence and leadership in bring- shot, burned or hanged. Some of the first half of the twentieth century. ing this healing resolution, which I was victims were accused of criminal of- Their efforts succeeded in the House of pleased to cosponsor, before the U.S. fenses, while others were attacked be- Representatives, which passed such Senate. cause of something they said or be- legislation three times between 1922 Mr. MCCAIN. Mr. President, I am cause they were in the wrong place at and 1940. Each time, however, the legis- proud to be an original cosponsor of the wrong time. lation died in the Senate.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12279 In 1945, President Truman proposed a changes elementary education under this terrible crime to resolve their new antilynching bill, to make lynch- the Act by $12 billion—for a total def- frustration that Government authori- ing a crime under Federal law. His pro- icit of $39 billion since the school re- ties did not do more to stop it. If this posal never made it out of the Senate form law was first enacted. The No resolution helps people deal with the Judiciary Committee. Child Left Behind Act is already leav- past so that they can move on to the We cannot undo the Senate’s past ing 3 million children behind. future, it is a worthwhile statement to failures to act against lynching. But In fact, the President’s proposed make. we can and must do all we can to erase budget contains the first absolute re- Having said that, I am aware of con- its bitter legacy. duction for education in a decade. It cerns that have been raised about pos- Today, there is strong need to has a cumulative cut of $40 billion for sible ‘‘next steps’’ based on the Sen- strengthen laws against hate crimes education over the next 5 years. One ate’s action on S. Res. 39. Let me just and other violence motivated by big- out of every three programs eliminated say that this resolution should not be otry. As the Supreme Court has stated, by the President is a program in the interpreted—at least so far as this Sen- bias-motivated violence is ‘‘more like- Department of Education. ator is concerned—as any kind of an ly to provoke retaliatory crimes, in- We should also be doing more to fund endorsement for some claim of com- flict distinct emotional harms on their opportunities for college. We know pensation based on any action or inac- victims, and incite community un- that African Americans are only half tion of the Federal Government. rest.’’ Like acts of terrorism, hate as likely as Whites to earn a college In fact, what brings me to the floor is crimes have an impact far greater than degree. The current annual unmet need a concern that the actions of a par- the impact suffered by individual vic- of a typical undergraduate now aver- ticular Senator long ago may be sub- tims; they are crimes against entire ages $5,800. It is more important than jected to unfair, revisionist criticism communities and against the whole Na- ever to increase grant aid. Yet the from our perspective today. The Sen- tion. Whether based on prejudice Bush administration has proposed only ator in question is my predecessor, against the victim’s race, religion, eth- a $500 increase in the maximum Pell known as ‘‘the Lion of Idaho,’’ William nic background, gender, disability, or grant this year. Borah. sexual orientation, hate crimes are The budget also reduces a number of Senator Borah was one of the leaders modern-day lynchings which threaten important programs to help African of the Senate in blocking consideration not just individuals, but our entire so- Americans, while preserving tax cuts of the anti-lynching legislation. I think cial and political order. for the rich and powerful. It proposes a it is important for the record to show My colleague, Senator SMITH and I 5-year freeze on child care funding, that whatever motives others may have introduced bipartisan legislation which will reduce the number of low- have had at the time for blocking this to strengthen our laws against hate income children receiving this assist- legislation, William Borah offered con- crimes, and I urge all of our colleagues ance by 300,000 in 2009. The budget also vincing justifications for his position to support it. That bill passed the Sen- cuts $10 billion over 5 years from Med- rooted in serious constitutional and ate last year and died in the House. We icaid, the program that provides basic policy concerns. will not give up until it becomes law. health care for the poor. This is the conclusion I have drawn As each of us knows, the past has As we review our legislative prior- from considerable historical research consequences for the present, and past ities, we cannot forget that we have a of the debates of the time, which has acts of lynching over many decades special duty to address the malignant been condensed into a report by a tal- contributed substantially to the dis- disparities created by long-standing ra- ented law student, David Palmer, who parities between African American and cial bigotry in this country—of which served as my law clerk earlier this Whites. We cannot undo that history, lynching was the most vicious example year. I am going to ask that this report but if we are sincere in our apology but far from the only example. be printed in the RECORD so that all my today, we must match our words with It’s fitting that we enact this apol- colleagues can review it. It is an ab- deeds and work harder together to ogy today, the first day of the long sorbing read, and I think it supports close the gaps. overdue trial for the brutal lynching of the conclusion that Senator Borah At the beginning of this year, mem- civil rights workers James Chaney, An- made a principled stand at the time. bers of the Congressional Black Caucus drew Goodman, and Michael Schwerner I ask unanimous consent that the re- put forward a plan for doing so, and we in 1964. Those murders, 41 years ago port of David Palmer concerning Wil- should work to implement it as one of this month, took the lives of three liam Borah’s arguments against Senate the most important issues before us in young men whose only offense was at- action be printed in the RECORD fol- this Congress. tempting to register African Ameri- lowing my statement. We need to do more to ensure the job cans to vote in Mississippi, and it There being no objection, the mate- security of African Americans, whose shows how deeply rooted racial vio- rial was ordered to be printed in the unemployment rate is 10.1 percent—al- lence once was in American life. All of RECORD, as follows: most double the national average and us hope that the prosecution now tak- To: Senator Craig more than double the unemployment ing place in that case, like the Senate Fr: David Palmer rate of Whites. apology today, can begin to heal these Re: William Borah’s arguments against Sen- Thirty-four percent of African Amer- bitter wounds of injustice that the na- ate anti-lynching bills in the 1920’s & ican children live in poverty, nearly tion still feels because of the sordid 1930’s double the national average. We know legacy of lynching. William Borah spoke out in opposition to that education is the key to oppor- I look forward to working with my the anti-lynching bills presented to the Sen- tunity and a better life, and we should ate on several occasions during the 1920s and colleagues to achieve the great goal of 1930s. He did this primarily for two reasons: be doing more to improve education at genuine equal opportunity for all our first, Senator Borah felt that such a bill rep- every level. We need to do more to help citizens. May the passage of this reso- resented an unconstitutional exercise of fed- the youngest children in American— lution mark a new beginning of race re- eral rights in the realm of criminal law (an and the earlier, the better. Head Start lations in America. area which had previously been reserved for has a 30-year track record of achieve- Mr. CRAIG. Mr. President, I rise to the states); second—to a lesser degree—Sen- ment in preparing children for kinder- clarify the record concerning my sup- ator Borah argued that even if such a bill garten. It makes an enormous dif- port for the resolution before us today. were constitutional, it would be an ineffec- ference for 300,000 young African Amer- I chose to cosponsor this resolution tive law meant largely to penalize the South. Combining these rationales, and noting that ican children. because of my abhorrence for the crime lynching was a relatively infrequent crime of We must meet our promise of fully of lynching. I have been told that the increasing rarity with each passing year, he funding the No Child Left Behind Act. passage of this resolution will enable argued that the tremendous costs to state The President’s proposed budget short- people whose families were affected by sovereignty through federal intrusion in this

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12280 CONGRESSIONAL RECORD—SENATE June 13, 2005 matter would be much more dangerous to anti-lynching bill was really a sectional bill ment to sue the states (through their coun- the good of all than any uncertain benefits aimed at punishing the south while exempt- ties) in situations where no official state that might come through passing such a bill. ing the northern states for their own law en- conduct had occurred. 83 Congr. Rec. 1, 141 In short, Senator Borah was not a racist; forcement failures. Id. at 8753. (1938). This, Borah argued (citing several Su- rather, he was a man of deep commitment to Finally, in 1938 Senator Borah cited sev- preme Court decisions for this proposition), this nation’s federalist system, and this eral Supreme Court cases for the proposition is constitutionally impermissible. 83 Congr. memo will present his respective constitu- that the 14th Amendment was not designed Rec. 2, 1494 (1938). tional and policy arguments against the to transfer any power from the states to the C. BORAH’S MISCELLANEOUS CONSTITUTIONAL anti-lynching bills of his day. Federal Government for protecting the lives, ARGUMENTS liberty and property of a particular state’s 1. WILLIAM BORAH’S CONSTITUTIONAL ARGU- In addition to the constitutional argu- MENTS AGAINST THE ANTI-LYNCHING BILLS citizens. 83 Congr. Rec. 2, 1492 (1938). Borah concluded his 14th Amendment arguments by ments already discussed, William Borah in- Senator Borah felt that there were a num- stating that the only way a state could be cluded two other, albeit less-emphasized, ber of constitutional infirmities with the liable under that amendment—in this area of legal objections to the anti-lynching bills in anti-lynching bills he faced, although they the law—is if it were to not pass laws pro- his speeches. One such argument was an ob- all revolved around his firm belief in states’ tecting its citizens from lynching. Id. at 1495. jection to the trigger of Federal intervention rights as a centerpiece of the entire govern- Because the states had done that, and given under these bills: when only one man comment. His constitutional problems with the that the framers of the 14th Amendment mitted a lynching, it did not allow Federal various anti-lynching bills, as well as his (and the Supreme Court) had rejected the jurisdiction; rather, it required the actions reasons for championing state sovereignty so idea that the amendment transferred any of a group of people, and thus ‘‘the Constitu- strongly, are detailed below. power to the Federal Government for enforc- tion is being made subject to construction in A. BORAH: THE FOURTEENTH AMENDMENT IS NOT ing the criminal law, Senator Borah strongly accordance with the number of persons AN ACCEPTABLE CONSTITUTIONAL BASIS FOR opposed using the 14th Amendment as a basis present when the crime takes place.’’ 79 ANTI-LYNCHING BILLS for the antilynching bills. Congr. Rec. 6, 6677 (1935). Borah concluded this argument by saying that the act should To put Senator Borah’s arguments in con- B. BORAH: MC CULLOCH V. MARYLAND be rejected because ‘‘we certainly have not text, the proponents of the anti-lynching PRECLUDES THE ANTI-LYNCHING BILLS one Constitution for a half dozen and an- bills typically based their opinion that such Senator Borah attacked the 1938 anti- other Constitution for an individual.’’ Id. at bills were constitutional on two grounds: lynching bill on an additional ground: it 6504. first, that the Federal Government must would have allowed the Federal Government Another point that Borah made regarding guarantee a republican form of government to bring suit on behalf of an individual the constitutionality of the anti-lynching to all citizens; second, that the 14th Amend- against a division of a state (a county) if the bills dovetails with his McCulloch arguments. ment’s equal protection clause allowed for officials of the division had not enforced He posed a question on the floor which im- federal action in the face of state failure to anti-lynching laws. Borah noted that this plied that the particular anti-lynching bill prosecute lynchings. 79 Congo Rec. 6, 6524 ability for one sovereign to bring suit before the Senate would create a cause of ac- (1935). Borah felt that the first point was against another sovereign was precluded by a tion for an individual against a county (and ‘‘utterly irrelevant’’ (id.), and apparently so continuous line of Supreme Court cases be- therefore a state), thus allowing an indi- did his debating opponents, as almost all the ginning in 1819 with McCulloch v. Maryland, vidual to sue a state—which is explicitly constitutional debates Borah participated in 17 U.S. 316. Id. at 1490. barred by the 11th Amendment. 83 Congr. dealt with aspects of the 14th Amendment. Senator Borah began this argument by Rec. 1, 965 (1938). While the senator to whom Regarding the 14th Amendment, Borah pointing out that McCulloch held the ability Borah asked this question replied that the consistently argued that any attempt to of one sovereign to tax another is the ability suit technically was to be brought in the apply the amendment to the actions of indi- to destroy it, and this therefore is not con- name of the United States Government on viduals by the Federal Government should be stitutionally permissible. He further argued behalf of an individual, it is clear that this rejected, as the amendment’s framers spe- that the ability of one sovereign to bring question was designed to cover Senator Bor- cifically rejected this idea. Id. at 6362. The suit against another is an equivalent power, ah’s bases. In other words, if the suit was un- anti-lynching bills invariably allowed the and therefore it is unconstitutional on that dertaken by the United States against a Federal Government to step in at some point ground as well. Finally, in response to an- state, then the McCulloch reasoning would to prosecute the perpetrators of a lynching if other senator’s argument, Borah went apply to make it unconstitutional; alter- a state had not done its law-enforcement job, through a detailed list of how the Supreme natively, if the action was undertaken by an thus mandating federal intrusion into law Court had repeatedly issued decisions sup- individual, the 11th Amendment would enforcement against individual action which porting his view (even in the cases decided apply. In either case the act would be uncon- was not undertaken by the states. Borah ar- since the passage of the 14th Amendment). stitutional. gued that this simply cannot be justified Id. at 1491. under the 14th Amendment, as such a capac- There are three key points Borah made in D. BORAH: THE ANTI-LYNCHING BILLS WOULD ity for law enforcement by the Federal Gov- support of this McCulloch argument. First, DESTROY ESSENTIAL STATES’ RIGHTS ernment (against individuals not acting as he pointed out that the anti-lynching bill Near the conclusion of William Borah’s official representatives of a state) was ex- would have allowed the Federal Government final speech regarding the anti-lynching plicitly rejected by those who originally to sue counties on behalf of individuals, and bills, he summarized his position by stating passed the 14th Amendment. Id. these suits against counties would constitute that his only interest in opposing these bills In a later debate (in 1937), Borah similarly direct interference by the Federal Govern- was in preserving the integrity of the State. argued that the 14th Amendment contains no ment with the power of states over their To him, the state was and remained ‘‘the clause whatsoever allowing the Federal Gov- counties. Numerous Supreme Court decisions fountain source of the people’s power in the ernment to go into a state and establish civil have disallowed such actions because of their Government; and when that is destroyed, liability for damages between citizens of the impingement on state sovereignty. Id. at democratic government is at an end.’’ 83 state, or between citizens and a subdivision 1492. Congr. Rec. 2, 1496 (1938). Racism did not of a state (as would have been allowed in Second, Borah argued that suing counties enter that consideration, as his words and that year’s bill). He further argued that this was the same thing as suing states (an idea actions reveal a man of great devotion to the anti-lynching bill was such a new propo- supported by numerous Supreme Court deci- ideals of our federal system. Moreover, given sition—constitutionally speaking—that the sions), and states could never consent to be the complete lack of a constitutional basis people of the United States should be con- sued by another sovereign (at most they for any federal anti-lynching law, Borah felt sulted in the form of passing this bill as a could consent to be sued by their citizens). that such a measure would constitute a constitutional amendment. Borah feared Id. at 1493. naked intrusion by the Federal Government that it would ultimately result in the Last, he argued that states cannot be into state sovereignty. Furthermore, while ‘‘elimination of the states.’’ 81 Congr. Rec. found liable for the actions of their employ- Senator Borah repeatedly said that he had 8,8746–8 (1937). ees when those employees are not acting in great respect for what the senators backing Additionally, Borah argued that if our na- an official capacity. As states already had the anti-lynching bills were trying to do, he tion were really concerned about the equal anti-lynching laws on their books, Borah ar- also could not allow any such bill to pass out protection of the law being enforced where it gued that any lack of enforcement by state of the Senate in order to have its constitu- is needed, then the 1937 bill should not have officials of those state laws indicated that tionality ruled on by the Supreme Court (as exempted violence due to ‘‘gangsterism’’ and county officials were not acting in an official several senators had suggested as a course of racketeering. This was the area in which he capacity during the dereliction of their reaction) without ‘‘stultifying’’ his own con- felt that most states had truly failed to en- sponsibilities. Therefore, to allow the Fed- victions. 79 Congr. Rec. 6, 6673–4 (1935). If the force the law. Instead, the exemption rein- eral Government to take action against law were to be somehow found constitutional forced in Senator Borah’s mind that the those officials would be to allow the govern- under an increasingly activist court, Borah

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12281 felt that through this bill the Congress ereignty of the states under an overreaching part evidenced both by the economic would ‘‘have utterly annihilated all State Supreme Court. Senator Borah was a deep progress of southern blacks as well as the sovereignty.’’ Id. This was a possibility he believer in states’ rights, his words and ac- lower per capita arrest rate by southern could never support. tions consistently supported that view, and blacks (as compared to northern blacks). He A primary reason Senator Borah so pas- to ascribe racism to him as a motivation is finally stated his belief that nations are held sionately opposed the anti-lynching bills was to both blatantly ignore the historical together by more than just laws; mutual re- that allowing federal intrusion through record as well as demean a man who dedi- spect, confidence and tolerance from one those bills would create a principle of law cated his Senate service to furthering the part of the country to another is essential that he felt would justify further intrusion form of government that would provide the too. Borah feared that passing such a sec- in almost unlimited circumstances. While greatest good for Americans of all races. As tional bill would arouse old problems in the supporters of such bills could argue that the the Senator himself put it (in reference to south that could potentially disrupt national legislation only allowed federal intrusion the final anti-lynching bill put before him): unity. Id. under limited circumstances, the legal prin- ‘‘[t]his, Mr. President, is another com- B. BORAH: THE ANTI-LYNCHING BILLS WILL BE ciple of the matter was of supreme impor- promise with a vital principle of our dual INEFFECTIVE tance to William Borah. He stated ‘‘[i]f the system of government. It is bartering with Another policy argument that Senator Federal Government can send a United the future for the supposed and transient de- Borah advanced against anti-lynching legis- States marshal into the State of Tennessee mands of the present, and at a time when the lation was that it would be ineffective. He to arrest a sheriff because he has failed to present is taking care of the problem. It is first stated this belief in the Congressional protect a colored man from violence, it can, another instance in which our confidence in Record in 1935 when he argued that the legis- under the same principle, send a United our scheme of government is not strong lation would be useless because lynching can States marshal into the State of New York enough to say to all races, all creeds, all only be effectively prevented by educating to arrest a sheriff, or other officer on whom groups, and all factions: Your problems, how- people. 79 Congr. Rec. 6, 6674 (1935). Borah re- the duty is imposed, because he neglected to ever serious, are subordinate to the prin- iterated that same argument in 1938, when protect the life of a citizen against the vio- ciples of this Government, and you must he stated that educating both races ‘‘to un- lence of thugs.’’ 83 Congr. Rec. 1, 141 (1938). work them out within the compass of the derstand their responsibility to society’’ Therefore, while an anti-lynching bill might long-tested and well-accepted principles of would be the best way to end lynching, and only take a limited amount of power from democracy.’’ 83 Congr. Rec. 1, 143 (1938). he also noted that such education was under- the states in the short-term, Senator Borah II. WILLIAM BORAH’S POLICY ARGUMENTS way in the South. 83 Congr. Rec. 1, 139 (1938). was a man who looked at the long-term fu- AGAINST THE ANTI-LYNCHING BILLS Additionally, Borah argued that the actual ture; he saw that any such bill such held enforcement of the federal law would be inef- Although Senator Borah’s opposition to grave implications for the sovereignty of fectual for two reasons. First, he pointed out the anti-lynching bills was primarily based states. Along these lines, he also argued that that the Federal Government is simply in- on his belief that such legislation rep- allowing this level of federal intrusion would capable of enforcing criminal law; he cited resented an unconstitutional infringement indicate the complete displacement of our the federally-controlled District of Columbia on states’ rights, he also opposed the bills as nation’s federalist system. After all, if a and its extraordinary murder and crime rate poor policies. In his view, even if such bills state could not be entrusted exclusively to as his primary example of this ineptness. Id. were constitutional, they would merely re- enforce its own laws, then he felt there was His second reason aligned with his concern sult in an ineffective law that would destruc- no such thing as local government. Id. that this was a sectional bill: Senator Borah tively penalize the South. Given that lynch- Additionally, Senator Borah included in felt that if Congress were to pass a bill that ing was declining each year as a crime, his speeches some powerful language as to the South would interpret as aimed at them, Borah believed that instituting an ineffec- why he felt so strongly about protecting then it would be completely unrealistic to tive—and potentially damaging—bill to stop states’ rights. In one speech, he explained expect southerners—even those employed by a disappearing crime was simply not worth that the experiences uniquely gained in local the Federal Government—to enforce the the price to be paid in greatly eroded state government shaped the political views of the anti-lynching laws to any greater degree sovereignty. This section will detail William founders of this nation. 83 Congr. Rec. 2, 1496 than the state anti-lynching laws. He firmly Borah’s beliefs that creating federal anti- (1938). In another debate, he explained that believed that laws could not be enforced lynching laws would be poor national pol- in 1922 he opposed, in committee, the Dyer without being backed by public opinion. Id. icy—even if they were somehow deemed con- anti-lynching bill in part because he was C. BORAH: LYNCHING IS DISAPPEARING AS A stitutional. convinced that it is not sound national pol- PROBLEM IN THE UNITED STATES icy ‘‘to remove responsibility from the dif- A. BORAH: THE ANTI-LYNCHING BILLS ARE A final policy argument that Senator ferent local governments of the communities POTENTIALLY HARMFUL SECTIONAL MEASURES Borah made against anti-lynching laws is for the enforcement of the law. In the long In an extended speech given in 1938, Sen- that it was a disappearing crime. In 1937 he run that results in breaking down all sense ator Borah assumed, for purposes of arguing offered the statistic that 40,000,000 Ameri- of duty upon the part of the citizen.’’ 79 the wisdom of adopting such a policy, that cans were living in poverty to support Sen- Congr. Rec. 6, 6673–74 (1935). the anti-lynching bill before the Senate was ator Pepper’s argument that the Senate Moreover, this opposition to encroaching constitutional. He then attacked the poten- should be dealing with the problems of the federal power is consistent with Senator Bor- tial law on several grounds, beginning with nation’s poor instead of ‘‘debating an anti- ah’s views on other New Deal legislation as his belief that the bill was nothing more lynching bill, when the total toll of lynching detracting from state sovereignty. Regarding than a sectional measure aimed at the last year, I think, was about 11, one of the such legislation he went on record as stating South. 83 Congr. Rec. 1, 138–9 (1938). By sec- minor categories of crime, nationally speak- that ‘‘we can only have a great Federal tional measure, Borah meant that he being, in the United States.’’ 82 Congr. Rec. 1, Union by having great individual sovereign lieved this legislative measure to be based on 158 (1937). One year later Borah argued that States.’’ Id. Concerning all of these measures the same idea that inspired so much of lynching had dramatically decreased in the (including the anti-lynching bill), Borah ex- northern policy towards the South during United States since 1918, and it had almost pressed his heartfelt feeling that ‘‘there is Reconstruction: a desire to punish the area disappeared in many states by 1938. Given nothing in all the realm of government more because the southerners were incapable of the extremely small number of lynchings in essential to the happiness and well-being of self-government. Id. Although the senator the two years prior to the introduction of the American people than the right of local did not offer in his 1938 speech a great the 1938 anti-lynching bill (combined with self-government,’’ and the increased power amount of evidence as to why this was a sec- the national trend towards fewer lynchings by the Federal Government constituted an tional measure, it seems clear from his ear- each year) Senator Borah concluded that ever-growing threat to this happiness and lier speeches regarding the exception of there was not a sufficient problem to justify well-being. Id. ‘‘gangsterism’’ from prosecution that he felt judging the southern states (through passing In sum, Senator Borah felt that states nec- anti-lynching legislation was aimed at a a sectional measure against them) as having essarily had to retain their sovereign powers crime primarily occurring in the South failed in their provision of free government. to make this union a great one. Any detrac- while simultaneously exempting northern 83 Congr. Rec. 1, 140 (1938). tion from that power, particularly one with cities and states from their own law enforce- III. POTENTIAL PROBLEMS WITH WILLIAM such far-reaching principles for federal in- ment failures. BORAH’S STATEMENTS trusion as would be created under this bill, Senator Borah further explained that a Although Senator William Borah’s speech- would be devastating to our federal system. measure aimed at the South would be both es convey the message that his real motiva- Given the complete lack of constitutional undeserved by the region and potentially tion for opposing anti-lynching legislation support for such a bill in his eyes, William harmful to the nation. He felt that the South was based on his concern for state sov- Borah could not in good conscience allow had dealt as well as could possibly be ex- ereignty, he did make one particular com- any of the anti-lynching bills to leave the pected with its ‘‘race problem’’ in the 70 ment that needs to be addressed for its po- Senate and potentially destroy the sov- years since the Civil War, and this was in tential racial offensiveness. In 1938, Borah

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12282 CONGRESSIONAL RECORD—SENATE June 13, 2005 referred to a quotation by Henry W. Grady as and that ‘‘a few lives will be lost if we do not Ms. SNOWE. Mr. President, I rise true, and this quotation described the white pass this measure, . . . which we will all re- today as a cosponsor and strong sup- and black races as two ‘‘utterly dissimilar gret. But many lives were lost to establish porter of S. Res. 39, an apology on be- races on the same soil—with equal political this Government, to establish this dual sys- half of the United States Senate, for its and civil rights—almost equal in numbers tem, and the happiness and contentment of but terribly unequal in intelligence and re- many millions will be lost if we do not pre- inaction during one of this Nation’s sponsibility.’’ Id. at 141. While this quote serve it.’’ 83 Congr. Rec. 2, 1497 (1938). darkest chapters. Today, my colleagues does on its face seem to be an overtly racist Mr. KOHL. Mr. President, I rise and I, through this legislation, offer an comment, there are a few reasons why this today not only to show my support for apology to the victims of lynching, and quote should not be taken as evidence that S. Res. 39 but also to honor the their families and descendants, for the William Borah fought the anti-lynching bills achievements of Dr. James Cameron, Senate’s failure to enact antilynching because he was himself a racist. the oldest living lynching survivor. Dr. legislation throughout the course of The first reason this is so is that following this Nation’s history. Despite the fact this quotation, Borah put what he meant by Cameron moved on from his horrific it in context. As he explained, he felt that no early experience with racial hatred to that, at key junctures in our Nation’s race of people would have the capacity to as- found America’s only Black Holocaust history, the House of Representatives sume full citizenship following years of being Museum. His life story and work are a passed, and the President stood ready enslaved. Id. (Borah then argued that the ef- source of hope and pride for many sur- to sign, Federal law to actively elimi- forts by the South in the years since Recon- vivors of racial violence. nate lynching throughout the country, struction were the best that could be ex- Dr. Cameron was born in LaCrosse, such legislation died in the Senate, as pected given the circumstances of the re- WI, in 1914 and moved to Indiana as a did the many victims of this heinous gion’s past, and therefore the region should crime who might have been saved by not be punished by this sectional bill.) Given teenager. In Indiana, he accompanied his statement that no race could have as- two friends involved in an armed rob- the passage of such law. sumed full citizenship following such treat- bery that turned to rape and murder. Following the Civil War, and as Re- ment, it implies that Borah considered any Though Dr. Cameron ran away well be- construction ended Federal troops lack on the part of the blacks to be a result fore the crime was committed, all withdrew their presence from the of their slavery rather than an innate racial three young men were taken to jail. States that had been in rebellion, defect. While it is not a flattering statement, The Ku Klux Klan stormed that jail on lynching became the most extreme it is not strictly a racist remark; instead, August 7, 1930, hung Dr. Cameron’s two form of racial oppression in the South. Borah does seem to indicate that any race Between 1881 and 1964, at least 4,749 re- under similar conditions would be unequal in friends and beat Dr. Cameron severely. some regards to the enslaving race. Dr. Cameron survived but spent an- ported lynchings took place, with most More important, William Borah’s other other 6 years in jail for crimes he did of the victims being black; all but four speeches all strongly reinforce the point that not commit. States had at least one lynching on his opposition to the anti-lynching bills were Dr. Cameron has never let us forget record. However, 99 percent of the per- purely based on his views of the importance the injustice done to him and to too petrators of these crimes escaped any of state sovereignty. He repeatedly praised many other victims of lynching and punishment, as State and local au- the intentions of his Senate colleagues who other forms of racial violence. After thorities refused to investigate and supported the anti-lynching bills, and none moving back to his home State of Wis- prosecute these cases, and those who of those opponents ever imputed any racist motives to his beliefs. While opposing sen- consin, he founded the Black Holocaust were charged with lynching were regu- ators may have disagreed with his constitu- Museum in Milwaukee. This unique larly acquitted by all-white juries. tional views, there is no record whatsoever museum lays bare our Nation’s violent Unprotected by State authorities, Af- that Borah’s views were not legitimately past of racism and slavery. Dr. Cam- rican-Americans and civil rights held in this and other areas of federal expan- eron’s efforts to shine a light on this groups sought protection from the Fed- sion. To try and read such a motivation into disturbing aspect of our history have eral Government, the same authority the Congressional Record is to engage in re- opened the eyes of thousands to the that rid this Nation of the scourge of visionist history with no basis other than a suffering of African-Americans—not slavery. As a result of the Reconstruc- personal agenda. Any description of William Borah as being racially motivated to oppose only in the age of slavery but also in tion amendments to the Constitution, the anti-lynching legislation ignores all of the decades that followed. As painful as the Federal Government had the ex- the written record in order to manufacture a the exhibits in his museum are to view, press power to pass legislation under preferred reason for the senator’s views. they are a necessary reminder of the the 13th and 14th Amendments to use IV. CONCLUSION costs of racial hatred—and of the apol- the full force of the Federal Govern- Senator William Borah was a passionate ogy we owe to the families torn apart ment’s law enforcement authority to advocate for states’ rights, and this—rather by acts of racial hatred. put an end to lynching. In fact, be- than racism—was the basis for his opposition Because of my great respect for Dr. tween 1890 and 1952, seven Presidents to the anti-lynching bills presented to the Cameron—and because he has opened petitioned Congress to halt lynching, Senate during the 1920s and 1930s. Senator our eyes to the great crimes committed and almost 200 antilynching bills were Borah felt that those bills were unconstitu- by this nation by not ending lynch- introduced in Congress. Most notably, tional for several reasons, and the 14th Amendment was certainly not a sound basis ing—I am cosponsoring S. Res. 39, a on three on three occasions between for them to pass constitutional muster. resolution apologizing to the victims of 1920 and 1940, the House of Representa- Moreover, Borah saw the anti-lynching bills lynching and the descendants of those tives passed strong antilynching bills. as creating a principle that would justify re- victims for the failure of the Senate to And equally as regrettably, all three of peated and destructive federal intrusion into enact antilynching legislation. The these bills died in the United States the state sovereignty that was necessary for history of lynching in America is an Senate. our nation’s well-being. Finally, as lynching atrocious one indeed. Between the That is why I find S. Res. 39 to be en- had dramatically decreased in the United years 1882 and 1968, some 4,700 people tirely appropriate, and frankly long States by the late 1930s, and given the Sen- overdue. This resolution, offered by my ator’s feelings that anti-lynching legislation were lynched. And though, over that would be an ineffective solution to that dis- same period, nearly 200 antilynching colleagues Senator LANDRIEU and Sen- appearing problem (while at the same time bills were proposed, none made it past ator ALLEN, constitutes a formal apol- threatening national unity), William Borah the Senate. ogy by the Senate ‘‘to the victims and strongly believed that passing an anti-lynch- That lack of action is truly a black survivors of lynching for its failure to ing bill would needlessly destroy our na- mark on this institution’s history and enact antlynching legislation.’’ It fur- tion’s federalist system without solving any legacy. An apology cannot erase our ther expresses this Chamber’s sym- problems at all. crimes—but an acknowledgment of the pathy and regret to the descendants of In his final Senate speech against an anti- lynching bill, Senator Borah eloquently con- costs of our inaction is a first step to- these victims. Undoubtedly, a measure cluded by arguing that a loose interpretation ward ensuring we never again let hate of this nature may stand as insignifi- of the 14th Amendment would contribute to and racism run unchecked through our cant when compared to the sad legacy the downfall of our governmental system, great Nation. of men, women, and children dying at

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12283 the hands of racist, bigoted vigilan- cause an apology is surely in order, and This resolution deserves our immediate tism. Yet it is my hope that this reso- I believe Senator LANDRIEU deserves approval, and I hope it provides some lution, which we will pass tonight, will great credit for bringing this impor- comfort to the descendants of the vic- help heal some of the wounds for the tant issue to the Senate’s attention. tims of these horrible crimes. surviving family members of the vic- This public act of contrition is an im- Mr. KYL. Mr. President, it is every tims of lynching. portant gesture today to take responsi- citizen’s duty to know American his- This effort has been a long time com- bility for the civil rights misdeeds of tory. One fact we must reckon with is ing, and I am thankful for the involve- the past. But it is also an opportunity that our experiment in self-government ment of my colleagues, present and for Congress to show the country that began in a compromise with the exist- former, who have taken part in sup- we will not tolerate similar offenses. ence of slavery. As the American exper- porting this effort. I thank the spon- As we pass this resolution, it is fitting iment went forward, protections grant- sors of this resolution, Senators ALLEN to carry this principle to the present ed to slavery in the Constitution—a and LANDRIEU, as well as all other co- and act in kind to prevent civil rights document that never explicitly men- sponsors of this resolution, 60 in num- and human rights abuses occurring tioned slavery—were dismantled. The ber altogether. I also want to thank now in this country and around the cost was great: Brother fought against Janet Langhart Cohen and her hus- world. brother in the Civil War, largely over band, our former colleague and fellow As we pass this resolution, we should whether ‘‘the peculiar institution’’ Mainer Bill Cohen. Their devotion to also recognize that it is long past the would be allowed to thrive in the championing this cause helped to raise time to pass the Local Law Enforce- United States. When, at the end of that my awareness of this issue, and I am ment Enhancement Act, which would terrible conflict, the 13th amendment sure many of my colleagues have simi- strengthen and extend our Federal hate was put in the Constitution, slavery lar feelings. crimes law. The Senate has repeatedly was abolished. For decades after the Civil War, too passed this bill, with 65 votes in the Yet while a pernicious institution many of our fellow Americans suffered last Congress. The Republican leader- was now, thankfully, illegal, its from the murderous actions of lynch- ship in the House, with the acquies- aftereffects were still felt in the former ing bees and the fear and intimidation cence of the Bush White House, has slave States. Postwar reconstruction that accompanied those actions. People killed it. It is fitting that we apologize was supposed to restore the natural of all backgrounds fell victim to lynch for past inaction, but that does not ob- and the civil rights of the former slaves mobs in nearly every State, but this viate the need to solve today’s prob- and their descendents; but State and burden fell especially hard on our fel- lems. local authorities did not enforce those low citizens in the African American By the same token, we should reau- rights. The lynching of African Ameri- community. Needless to say, the Sen- thorize the Voting Rights Act in this cans, and other forms of persecution, ate bears no direct responsibility for Congress and not wait for 2007. We need would persist into the 20th century, to these crimes, nor does this resolution to ensure that this law, one of the most the shame of every decent citizen. suggest anything along those lines. important bills of the 20th century, re- Candidly facing this history is impor- However, the Senate’s sin was one of mains in effect to safeguard the funda- tant. We must not forget the wrongs of omission. At critical junctures in our mental right of all citizens to partici- the past—nor that we have had leaders history, when the tide of the terror pate fully in our democracy. willing to come forward and stand wrought by lynching could have been We should also remember the leading against those wrongs. From the Conti- stemmed by passage of Federal legisla- role this country played in drafting the nental Congress passing the Northwest tion, the Senate single-handedly Universal Declaration of Human Ordinance of 1787, which banned slav- blocked such action. For this inaction, Rights, which was modeled on our own ery in the region northwest of the Ohio at times when this legislative body was Bill of Rights. As the country that, es- River, to the words and deeds of Fred- needed the most, we in the Senate ex- pecially since the Second World War, erick Douglass and Abraham Lincoln, press our heart-felt apology to those has been looked to around the world as to the civil rights movement of the whose suffering could have been avoid- a beacon of hope for victims of arbi- 1960s, brave men and women reaffirmed ed. trary arrest, torture, and the denial of for all of us the principles of human I yield the floor. fundamental freedoms, we need to set a equality and consent of the governed Mr. LEAHY. Mr. President, the reso- far better example than we are today. on which our Nation was founded. lution for consideration today details The atrocities and dehumanizing mis- Lincoln declared: ‘‘Those who deny the Senate’s shameful failure to pass treatment that have occurred in U.S. freedom to others deserve it not for anti-lynching legislation despite sev- military detention facilities in Afghan- themselves, and under a just God, can- eral attempts. Even as seven Presi- istan, Iraq and Guantanamo, are eerily not long retain it.’’ dents called for anti-lynching legisla- reminiscent of some of the despicable I support Senate Resolution 39 in the tion, and the House three times passed acts described in this resolution. In ad- name of honesty and national unity. As such bills, the Senate has steadfastly dition, the continued assistance the ad- Senators representing Americans of all refused to act. ministration is providing to foreign se- colors and creeds, we ought to give due At least 4,749 people were reported curity forces that violate human recognition to past injustices. Even lynched between 1881 and 1964, with the rights, directly contradict the message more importantly, we ought to live vast majority of the victims being Af- we are trying to send with this resolu- today by Lincoln’s dictum. We must rican-American. Shockingly, 99 percent tion. We should not be satisfied with make sure our laws and our practices of the perpetrators of these horrible long overdue apologies. There are seri- always reflect our belief in individual acts escaped punishment from State or ous human rights problems that we worth and equality under the law. This local authorities. need to address today. belief held in common is what has My State was one of only four or five A few years ago, I had the oppor- helped Americans—whatever their States that did not have a lynching tunity to examine the book ‘‘Without race, religion, or background—to suc- during that time. It wasn’t just one or Sanctuary: Lynching Photography in ceed. two States. It was every State in the America,’’ which is referred to in this Mr. FEINGOLD. Mr. President, the Union, every State of the then-48 resolution. The haunting photographs Senate has accomplished some wonder- States with the exception of only four in this book make plain the evil that ful things for this country. But some- or five. lurked in this Nation not very long times this body makes grave mistakes. Even though my State did not have ago, and make it impossible to accept Today, by passing the resolution apolo- any, I cosponsored this resolution be- the fact that the individuals and mobs gizing to the victims of lynching, we cause I believe an apology is in order. that committed these heinous acts by acknowledge one of the gravest. The I have cosponsored this resolution be- and large suffered no consequences. use of the filibuster and other dilatory

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12284 CONGRESSIONAL RECORD—SENATE June 13, 2005 tactics to prevent the enactment of a brings some sense of solace to the de- tury. It was practiced in some 46 law criminalizing lynching is among scendants of victims of lynching. This states. the darkest chapters in the history of was a moment in our nation’s history Mark Twain once termed lynching as the U.S. Senate. This resolution is a that was at odds with the principles an ‘‘epidemic of bloody insanities.’’ small but important step toward help- upon which we were founded, and a mo- Compounding the tragedy of lynching ing us come to terms with the Senate’s ment at odds with our future. When we is that fact that some 99 percent of the disgraceful failure over a period of acknowledge the misdeeds of our past perpetrators of these crimes failed to many years, at the beginning of this and demonstrate a willingness to learn receive any punishment for their ac- century, to protect our citizens. I con- the lessons from those actions, we tions. gratulate Senators LANDRIEU and build upon the many things that unite This resolution cannot make up for ALLEN for their work to bring this res- us all to make our Nation stronger and the Senate’s past failures, but it will olution before the Senate. a better place to live. serve as a statement of remorse from There are few crimes as despicable Mrs. BOXER. Mr. President, today we this body. It has been said that one and contrary to the rule of law as in the Senate are finally apologizing to cannot judge the past through the lens lynching. The practice was born of ha- the descendants of the nearly 5,000 vic- of the present, but lynching should tred, racial or otherwise, and disdain tims of lynching, primarily African have been viewed as a crime in any for our criminal justice institutions. Americans, for our failure to enact time. The Senate, through this legisla- Unfortunately, lynching occurred antilynching legislation. tion, apologizes for its past mistakes, throughout the United States, with Even though the House of Represent- and seeks to redress the failure of this cases documented in all but four atives passed three strong antilynching body to protect Americans from vio- states. From 1881 to 1964, there were measures between 1920 and 1940, the lent and sadistic behavior. 4,749 recorded victims of lynching. Of Senate filibustered all of those meas- No longer will this body permit an these victims, 3,452 were African Amer- ures. This was wrong, and this resolu- ‘‘epidemic of bloody insanities’’ to icans. Worse still, in nearly all cases of tion is long overdue. overtake this Nation. Mr. JEFFORDS. Mr. President, I lynching before 1968, local and state Lynching, a widely acknowledged would like to express my support for law enforcement officials failed to in- practice that continued until the mid- Senate passage of S. Res. 39, a resolu- dle of the 20th century, was a shameful vestigate or prosecute the perpetra- tion of apology for the Senate’s failure chapter in our history. It was mob jus- tors. to pass anti-lynching legislation. An anti-lynching law would have al- tice at its most heinous, motivated by Some may wonder about the need to lowed Federal prosecutors to bring the racial and ethnic hatred. And it was a pass this resolution concerning events perpetrators of lynching to justice. On national problem occurring in all but that occurred decades ago. I believe it three occasions, the House passed anti- four States in our country. is important that light be shown upon, lynching bills, but each time a small While passing this apology is impor- and a discussion occur, about these group of Senators filibustered the pro- tant, it not going to right every wrong. horrific events. As the famous saying posals in the Senate. And it does not absolve us of our re- goes, ‘‘Those who do not know history Although a resolution cannot make sponsibility to continue to work to are doomed to repeat it.’’ There were up for the terrible injustice perpetrated provide justice in American society. almost 5,000 documented cases of mob against the victims of lynching and Justice at the polls for those who are lynching in the United States since the their families, this resolution is, at made to stand in line for hours to exer- Civil War. It is important to note that least, a positive step toward recog- cise their right to vote. many historians believe this number nizing the Senate’s past mistakes. Justice in the schools so that every should be doubled to include the un- There is much more that the Senate child has an equal educational oppor- documented cases that occurred. must do to address continuing racial tunity. Lynchings occurred almost every- injustice in this country. But this reso- Justice in the workplace so that no where in the United States, and were in lution is a worthy effort. I am proud to worker will face discrimination. many cases examples of so-called mob support it, and I am pleased that the Let us use this opportunity not only justice which thwarted the decisions of Senate will pass it tonight. to apologize for a shameful injustice or shortcut the American judicial sys- Mrs. LINCOLN. Mr. President. I rise but to dedicate ourselves to eradi- tem. Despite the national scope of today in support of Senate Resolution cating the remaining injustices in our these events, the Senate refused to 39. society. pass anti-lynching legislation that This resolution acknowledges a dark Mr. HARKIN. Mr. President, I am would provide greater protection to in- period in the history of our Nation and here to speak on the Senate’s need to nocent victims and bring the guilty to the history of this institution. It was a redress a past wrong. For more than 6 justice. time of racial intolerance, hatred and decades, the Senate attempted to pass While we cannot reverse the deci- violence, that took the lives of 4,742 legislation outlawing the terrible act sions made by previous Senates, we can people, mostly African Americans, be- of lynching. And for more than six dec- at the very least, offer our apologies tween 1882 and 1968. It was also a time ades, against the wishes of many Presi- and highlight this shameful period in when this body failed to fulfill its dents and a majority of Congressmen American history. Only by exposing moral and constitutional responsibil- and Senators, a small minority of Sen- these terrible events, discussing how ities to pass significant legislation ators prevented any antilynching legis- they occurred, and learning from them which may have prevented many of lation from passing this body. Three can we hope to avoid repeating them in these deaths. times the House passed bills with se- the future. During this time, there were 284 vic- vere penalties for perpetrators of this Ms. MIKULSKI. Mr. President, today tims of lynching in my home State of crime, and three times companion bills the Senate acknowledges the dark side Arkansas. It was a crime that was doc- failed to garner enough support to stop of our history. We apologize for a ter- umented in over 46 States. To properly a filibuster in the Senate. Today, it is rible wrong—the Senate’s repeated fail- punish those responsible, Congress time for atonement—and for a belated ure to adopt anti-lynching legislation. tried on over 200 occasions to pass apology on behalf of the United States This legislation is long, long overdue. I antilynching legislation but on each Senate. join my colleagues in offering this res- occasion it came to the Senate floor, it My colleagues and I have drafted this olution as a way of saying how pro- was defeated. resolution to apologize for the past foundly sorry we are that the Senate While we can never adequately ex- mistakes of this governing body. This did not act decades earlier—when ac- press the deep sympathy and regret in terrible crime was a widespread phe- tion might have saved lives. We also re- our hearts, I am hopeful this long over- nomenon in the late 19th century and commit ourselves to ensuring that this due acknowledgment and apology throughout the first half of the 20 cen- will never happen again.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12285 The horrific practice of lynching is a our Nation great. This museum docu- opportunity to remind ourselves that stain on our Nation—and on our souls. ments the courageous journeys toward the United States of America is a work There were over 4,700 documented freedom and self-determination for Af- in progress. Ours is the story of a peo- lynchings in the United States. There rican Americans in Maryland and in ple establishing high ideals, and then were 29 documented lynchings in Mary- America. Yet history must also ac- struggling to reach them, often falling land. These lynchings were public knowledge this dark side of our his- short, rarely achieving them, but al- events, with members of the commu- tory. We must educate the next genera- ways recommitting ourselves to trying nity colluding—either directly or indi- tions about the proud history, and again. This is why we continue to say rectly—in this horrifying practice. It mighty struggle that African Ameri- that anything is possible in America, was no accident that they made them cans have endured in the United that no child shall be left behind, and public—they were sending a message to States. that we will pay any price to defend other African Americans in the com- Today, this resolution stands as a freedom, although we well know that munity. These crimes left thousands of painful reminder of that history. Yet it we will never quite reach such lofty people dead and families and commu- should also stand as a guiding prin- ideals. nities scarred. Yet 99 percent of these ciple—that we must always fight to Perhaps the most ambitious of our murderers were never arrested or tried protect the rights of all Americans. goals is the proposition, expressed in for their crimes. This resolution acknowledges that the the Declaration of Independence, that For many in Maryland, the history of Senate was wrong when it failed to ‘‘all Men are created equal, that they lynchings is not an abstraction—it is enact anti-lynching laws. But it also are endowed by their Creator with cer- the history of their family or their empowers us to move forward to do all tain inalienable Rights, that among community. The Washington Post re- that we can to strengthen opportunity these are Life, Liberty, and the Pursuit ported about a 1906 lynching in Annap- for all Americans, to fight discrimina- of Happiness. . . . .’’ Our most con- spicuous failure to reach this goal is olis, where Henry Davis was lynched on tion in every form and to ensure that the treatment of African Americans. a bluff near College Creek just days be- we vigorously protect the rights of all Slavery, lynching, and segregation are fore Christmas. There was George Americans. all disgraceful examples of times when Armwood, who was lynched and burned Mr. ALEXANDER. Mr. President, this Nation failed African Americans, by a mob in Princess Anne’s County, this past February, I introduced the when we failed to live up to our own and King Davis—who was lynched in resolution celebrating Black History promise of that fundamental truth that Brooklyn, MD on Christmas Day in Month that follows these remarks. all men are created equal. Thirty five other Senators have joined 1911. Many institutions throughout the However, for almost every time that Nation have tried to document the ex- me in this effort. I offered this resolu- we have failed, we have then struggled tent of this racial violence—but so tion in the spirit of my late friend Alex to come to terms with the disappoint- many incidents went unreported that Haley, who lived his life by the words ment of that failure and recommitted we will never have a true account of ‘‘Find the Good and Praise It’’. These ourselves to trying again. Where there how many African Americans were six words are etched on his tombstone once was slavery, we enacted the 13th murdered. in the front yard of his grandparents’ and 14th amendments abolishing slav- Billie Holiday, a Baltimore native, home in Henning, TN. When Alex was a ery and declaring equal protection tried to capture the despicable practice boy, he would sit on the front porch under the law for all races. After seg- of lynching in her 1939 song ‘‘Strange steps of that home on summer evenings regation, came Brown v. Board of Edu- Fruit.’’ Her career suffered because of listening to his great aunts rock in cation and the Voting Rights Act. the painful honesty of this song. Her their chairs and tell the stories that There are so many moments like these record label refused to record it, and eventually became Roots, the story of in our history. We should celebrate some of her concerts were cancelled. the struggle for freedom and equality. these moments, but we should not stop Yet Holiday’s perseverance turned It is in that spirit that the Black His- there. We celebrate and remember our ‘‘Strange Fruit’’ into one of the ‘‘most tory Month resolution honors the con- history so that we can learn its lessons influential protest songs ever written’’ tributions of African Americans and apply them today. Today’s wrongs and an inspiration for those fighting throughout our history, recommits the are begging for attention. African for racial justice. United States Senate to the goals of Americans in this country face signifi- The Senate tried several times to put liberty and equal opportunity for every cant and often crippling disparities in an end to this monstrous practice by American, condemns the horrors of education, health care, quality of life, outlawing it, but each time the meas- slavery, lynching, segregation, and and other areas where the Federal Gov- ure died. This is a horrific failure that other instances in which our country ernment can play a role. cost American lives. This failure will has failed to measure up to its noble There are different ways to acknowl- always be a scar on the record of the goals, and pledges to work to improve edge those times when Americans have United States Senate. educational, health, and job opportuni- failed to live up to our lofty goals. The Today we apologize for this tragedy, ties for African Americans and for all Senators from Louisiana and Virginia, though no action now can right this Americans. who are also co-sponsors of our Black wrong. Although we acknowledge this African Americans were brought History Month resolution, have chosen dark side of our history, we cannot and forcibly to these shores in the 17th cen- to apologize for the actions of some should not want to erase it. We must tury. From that dark beginning, how- earlier Senators as a way of expressing ensure that it serves as a lesson about ever, these men and women and their their revulsion to lynching. I also con- a time when we failed to protect indi- descendants have overcome great ob- demn lynching, and this Black History vidual rights and preserve freedom. stacles. They continue to do so, and Month resolution condemns lynching. This legislation is important to rec- have taken a prominent place among But, rather than begin to catalog and ognizing the evil of lynching and the the many people of diverse back- apologize for all those times that some failure of government to protect its grounds who have come together here Americans have failed to reach our citizens. It also stands as a symbol of to form a single nation. African Ameri- goals, I prefer to look ahead. I prefer to our commitment to move our Nation cans have made and continue to make look to correct current injustices rath- forward so we can truly be a symbol of significant contributions to the eco- er than to look to the past. Maya democracy. nomic, educational, political, artistic, Angelou once wrote, ‘‘History, despite Next week in Baltimore, we will open literary, scientific, and technological its wrenching pain, cannot be unlived, the Reginald Lewis Museum of African advancement of the United States of but if faced with courage, need not be American History and Culture. It will America. lived again.’’ be a proud day—the celebration of a Black History Month, and this dis- There is no resolution of apology strong and proud history that has made cussion in the Senate today, offer an that we can pass today that will teach

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12286 CONGRESSIONAL RECORD—SENATE June 13, 2005 one more child to read, prevent one cerity to the thousands of victims of descendants into this Chamber in 1938 more case of AIDS, or stop one more lynching and to their descendants. It to urge the Senate, hopefully by their violent crime. The best way for the was, as was stated most eloquently and presence, to act—men and women who United States Senate to condemn passionately on this floor, a very dark came with their own being, their own lynching is to get to work on legisla- chapter, indeed, in American history, bodies to try to tell the Senate what tion that would offer African Ameri- but a real mark against this Senate you are reading about isn’t true; these cans and other Americans better access that, despite the repeated pleas of the are innocent people. Eleanor Roosevelt to good schools, quality health care victims and their families, thousands escorted them to this Chamber and, of and decent jobs. By joining together in of Americans, the House of Representa- course, through all of their mighty ef- our Black History Month resolution, 35 tives, and seven Presidents, of both forts, actions were not taken, but not members of this body commit our- parties, the Senate failed to act. through any fault of hers. What I want selves to do just that, to find more Tonight the Senate has admitted its to quote is what she wrote about uni- ways to look to the future, and to con- mistake and has taken a very positive versal human rights. I read this as a tinue to contribute to this work in step in admitting failure so that we young legislator. Of course, we read progress that is the United States of can have a brighter future. I know that lots of things, and some things stick America. many of these victims and their fami- and some don’t. This particular quote I don’t know what my friend Alex lies—‘‘survivors’’ is really a better is seared into my heart. I try to re- Haley would say about this Senate res- word—have triumphed against this member it every chance I get. I read it olution or that Senate resolution. But evil. Many were African Americans, often, and I would like to read it to- I do know how he celebrated Black His- but they were people of all different night because it is very relevant to the tory Month. He told wonderful stories races and religious backgrounds. Many debate that we have had. She wrote: about African Americans and other of them were here tonight and have Where, after all, do universal human rights Americans who believed in the struggle been with us all day today. begin? In small places, close to home—so I know their names are part of the for freedom and the struggle for equal- close and so small they cannot be seen on record, but again they were James any maps of the world. Yet they are the ity; he minced no words in describing Cameron, 91 years old, a victim of world of the individual person, the neighbor- the terrible injustices they overcame. lynching who miraculously survived to hood he lives in, the school or college he at- He said to children that they were liv- tell his story; Doria Johnson, the tends, the factory, farm, or office where he ing in a wonderful country of great works. Such are the places where every man, great-granddaughter of Anthony goals, and that while many in the past woman, and child seeks equal justice, equal Crawford—Grandpa Crawford, as he has opportunity, equal dignity without discrimi- often had failed to reach those goals, been called—from Abbeville, SC—what that we Americans always recommit nation. Unless these rights have meaning a story that family has to tell. Dan there, they have little meaning anywhere. ourselves to keep trying. Distel, the great-grandson of Ida Wells. Without concerted citizen action to uphold Mr. CORNYN. Mr. President, I wish What a brave and historic journalist them close at home, we shall look for them to associate myself with the articulate she was. In the face of literally con- in vain in the larger world. and poignant remarks of the junior stant threats to her life, she continued We have heard stories today—hun- Senator from Tennessee. He is abso- to write. What a role model for journal- dreds of stories about these small lutely right, of course, that the era of ists everywhere of the courage of what places close to home—trees in a public widespread lynching in our nation’s it really takes to tell a story. And she square, river banks, levees, streets, history is deplorable. And he is right did it. alleys, open fields, behind school build- that we must look to the future, to en- We had many other family members ings, and in front of stores. This is sure that such crimes are never again and history professors with us today. where people want to experience dig- allowed to occur. There was a tremendous effort that en- nity and justice. Some of these towns There are different ways to acknowl- abled us to get to the floor tonight. As are so little they may still not be on edge those times when Americans have I wrap up, I want to again thank the any map of the United States. Maybe failed to achieve the goals we have set staff. I thank my staff, including Jason in some of these towns—because of for ourselves. The Senator from Ten- Matthews, my deputy chief of staff; what happened in the past—there are nessee quotes Maya Angelou, who once Kathleen Strottman, legislative direc- very few people who live there. And wrote, ‘‘History, despite its wrenching tor; Nash Molpus, who is with me on some of these places are quite large, pain, cannot be unlived, but if faced the floor. Our staff has been very help- where you can find them on the map. I with courage, need not be lived again.’’ ful. Senator ALLEN’s staff has also been think it is instructive for the Senate, Indeed, let us learn from the past, and remarkable and so many have contrib- as we make this sincere apology to- look forward with such courage. uted to this effort. night, that we really take a breath and The PRESIDING OFFICER (Mr. ISAK- I had many quotes to choose from, be very introspective to think about SON). The Senator from Arkansas. Mr. President, to end tonight. Really, where these small places are in Amer- Mr. PRYOR. Mr. President, I know there were hundreds of them that ica, where these places of any size are we have other Senators on their way to would be appropriate. But one was es- in America, and recommit ourselves to the Chamber to speak. pecially appropriate, for the close of be honest about our failings and our I suggest the absence of a quorum. this debate because, while it ends one shortcomings, to be honest about the The PRESIDING OFFICER. The chapter, it begins many new chapters fact that we are not always as coura- clerk will call the roll. in the history of our Nation. The geous as we should be. The legislative clerk proceeded to woman I will quote from is one I have But when we come to a point where call the roll. admired my whole life. I have read we know we made the wrong decision, Ms. LANDRIEU. Mr. President, I ask much about her and have been taught a we didn’t act in the best interests of unanimous consent that the order for lot about her. I will read this quote our country or the American citizens the quorum call be rescinded. from this particular woman because it who look to us for their protection and The PRESIDING OFFICER. Without took guts to say what she did, at a their support, we should at least be objection, it is so ordered. time when people in America didn’t able to sincerely say we are sorry. That Ms. LANDRIEU. Mr. President, I am want to hear it. This came at a time is what we did tonight. I thank Eleanor here tonight on behalf of my colleague when people didn’t want to hear what Roosevelt. I am forever grateful for her from Virginia, Senator ALLEN, and all women had to say, generally, about great leadership for the country and of our colleagues who participated in any subject, let alone the subject of infor thousands of Americans, people of the debate to close out this evening on justice and intolerance not only in our all races, who advocated for justice and this very important and historic reso- Nation but the world. freedom at great expense to their own lution, S. Res. 39, which has apologized The woman I will quote is Eleanor life—which is not what most of us ex- formally, officially, and with great sin- Roosevelt, who actually led a group of perience today, gratefully—with great

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12287 expense to their reputation, their live- In light of the age and health of our should nominate to succeed Justice lihood. She was really not understood Supreme Court justices, speculation is Oliver Wendell Holmes. According to or appreciated in the world in which accelerating about the potential for a historical reports, as has been con- she lived. Supreme Court vacancy this summer. firmed by Republican Senators, Sen- There were many children in the Sen- In advance of any such vacancy, I have ator Borah counseled the President to ate today, these children and great, called upon the President to follow the select Benjamin Cardozo from his list great, great-grandchildren. Some of the constructive and successful examples of potential nominees. victims and some of the journalists set by previous Presidents of both par- Bipartisan consultation would not who have written about this in the past ties who engaged in meaningful con- only make any Supreme Court selec- were here. Let’s make sure they know sultation with Members of the Senate tion a better one, it would also reas- the truth and they know that tonight before selecting a nominee. This deci- sure the Senate and the American peo- we apologize. sion is too important to all Americans ple that the process of selecting a Su- Thank you, Mr. President. to be unnecessarily embroiled in par- preme Court justice has not become po- Mr. BENNETT. Mr. President, I have tisan politics. liticized. listened with great interest to the pres- I said again last week that should a Recently, a bipartisan group of 14 entations that have been made on the vacancy arise, I stand ready to work Senators joined together to avert an floor and wish to be associated with with President Bush to help him select unnecessary showdown in the Senate the sentiments involved. a nominee to the Supreme Court who over the effort to invoke the ‘‘nuclear I come from a State that does not can unite Americans. I have urged con- option.’’ That would have changed 200 have a history of lynchings, but that sultation and cooperation for 4 years years of Senate tradition and the pro- does not mean I should be absolved and have reached out, again, over the tection of minority rights. In their from the concern that all Americans last several months to this President. I agreement the bipartisan coalition say should have over the lynchings that hope that if a vacancy does arise he the following: have occurred. I note that it was the will finally turn away from his past We believe that, under Article II, Section filibuster that made it possible for the practices, consult with us and work 2, of the United States Constitution, the Senate to be the body that blocked this with us. word ‘‘Advice’’ speaks to consultation be- Some Presidents, including most re- tween the Senate and the President with re- legislation in the past. I would hope gard to the use of the President’s power to that in the future, we would all realize cently President Clinton, found con- make nominations. We encourage the Execu- that the filibuster should be used for sultation with the Senate in advance of tive branch of government to consult with more beneficial purposes than that. a nomination most beneficial in help- members of the Senate, both Democratic and f ing lay the foundation for successful Republican, prior to submitting a judicial nominations. President Reagan, on the nomination to the Senate for consideration. MORNING BUSINESS other hand, disregarded the advice of- Such a return to the early practices of our Mr. BENNETT. Mr. President, I ask fered by Senate Democratic leaders government may well serve to reduce the unanimous consent that there now be a rancor that unfortunately accompanies the and chose a controversial, divisive advice and consent process in the Senate. period of morning business with Sen- nominee who was ultimately rejected We firmly believe this agreement is con- ators permitted to speak for up to 10 by the full Senate. sistent with the traditions of the United minutes each. In his recent book, ‘‘Square Peg,’’ States Senate that we as Senators seek to The PRESIDING OFFICER. Without Senator HATCH recounts how in 1993, as uphold. objection, it is so ordered. the ranking minority member of the I agree. Bipartisan consultation is f Senate Judiciary Committee, he ad- consistent with the traditions of the vised President Clinton about possible Senate and would return us to prac- IMPORTANCE OF CONSULTATION Supreme Court nominees. In his book, tices that have served the country ON JUDICIAL NOMINATIONS Senator HATCH wrote that he warned well. They are right to urge greater Mr. LEAHY. Mr. President, I spoke President Clinton away from a nomi- consultation on judicial nominations. on the Senate floor last week about the nee whose confirmation he believed In that regard, I was pleased to see benefits to all if the President were to ‘‘would not be easy.’’ Senator HATCH the President respond to a question at consult with Members of the Senate goes on to describe how he suggested a news conference 2 weeks ago by from both sides of the aisle on impor- the names of Stephen Breyer and Ruth agreeing to consult with the Senate tant judicial nominations. I return Bader Ginsburg, both of whom were about his nomination should a vacancy today to emphasize again the signifi- eventually nominated and confirmed arise on the Supreme Court. I see that cance of meaningful consultation on ‘‘with relative ease.’’ Indeed, 96 Sen- as a positive development. More trou- these nominations because it bears re- ators voted in favor of Justice Gins- bling are reports that the White House peating given what is at stake for the burg’s confirmation, and only 3 Sen- plan does not include meaningful con- Senate, the judiciary and this country. ators voted against; Justice Breyer re- sultation at all, but a ‘‘war room’’ and In a few more days the United States ceived 87 affirmative votes, and only 9 some sort of preemptive contact to Supreme Court will complete its term. Senators voted against. allow them to pretend they consulted Last year the chief justice noted pub- The Constitution provides that the without anything akin to the kind of licly that at the age of 80, one thinks President ‘‘shall nominate, and by and meaningful consultation this impor- about retirement. I get to see the chief with the Advice and Consent of the tant matter deserves. If the White from time to time in connection with Senate, shall appoint’’ judges. For ad- House intends to follow that type of his work for the Judicial Conference vice to be meaningful it needs to be in- plan, it would be most unfortunate, un- and the Smithsonian Institution. formed and shared among those pro- wise and counterproductive. Sometimes we see each other in viding it. Though the landscape ahead is sown Vermont or en route there, and I am Those recent examples are not the with the potential for controversy and struck every time by his commitment. only examples of effective and mean- contention should a vacancy arise on I marvel at him. I think that his par- ingful consultation with the Senate. the Supreme Court, confrontation is ticipation at the inauguration earlier According to historians, almost 150 unnecessary. Consensus should be our this year sent a powerful positive mes- years ago, in 1869, President Grant ap- mutual goal. I would hope that the sage to the country. I know that the pointed Edwin Stanton to the Supreme President’s objective will not be to chief justice will retire when he decides Court in response to a petition from a send the Senate nominees so polarizing that he should, not before. He has majority of the Senate and the House. that their confirmations are eked out earned that right. I have great respect More than 70 years ago, in 1932, Presi- in narrow margins. This would come at and affection for him and he is in our dent Hoover consulted with Senator a steep and gratuitous price that the prayers. William E. Borah regarding who he entire Nation would have to pay in

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12288 CONGRESSIONAL RECORD—SENATE June 13, 2005 needless division. It would serve the of votes possible, I have been urging co- Guantanamo Bay is a land of legal country better to choose a qualified operation and consultation to bring the limbo or, as one administration official consensus candidate who can be broad- country together. There is no more im- said, ‘‘the legal equivalent of outer ly supported by the public and by the portant opportunity than this to lead space,’’ to a recent district court hold- Senate. the Nation in a direction of coopera- ing that the current military commis- The process begins with the Presi- tion and unity. sion regulations are unlawful, there is dent. He is the only participant in the The independence of the Federal judi- much that needs attention and correc- process who can nominate candidates ciary is critical to our American con- tion. to fill Supreme Court vacancies. If cept of justice for all. We all want Jus- Secondly, the administration has not there is a vacancy, the decisions made tices who exhibit the kind of fidelity to lived up to its promise to treat detain- in the White House will determine the law that we all respect. We want ees humanely. Even with the adminis- whether the nominee chosen will unite them to have a strong commitment to tration’s continuing stonewalling the Nation or will divide the Nation. our shared constitutional values of in- against any independent investigation The power to avoid political warfare dividual liberties and equal protection. into the mistreatment of detainees, we with regard to the Supreme Court is in We expect them to have had a dem- continue to learn of more abuses on an the hands of the President. No one in onstrated record of commitment to almost daily basis. Does anybody ques- the Senate is spoiling for a fight. Only equal rights. There are many conserv- tion that if American POWs were being one person will decide whether there atives who can meet these criteria and treated in this way, we would have will be a divisive or unifying process who are not rigid ideologues. demonstrations in the streets of Amer- and nomination. If consensus is a goal, This is a difficult time for our coun- ica, and everybody from the President bipartisan consultation will help try and we face many challenges. Pro- down through every single Member of achieve it. I believe that is what the viding adequate health care for all Congress would be up in arms and call- American people want and what they Americans, improving the economic ing for changes? But when these ac- deserve. prospects of Americans, defending tions take place at Guantanamo, the If the President chooses a Supreme against threats, the proliferation of nu- administration refuses to acknowledge Court nominee because of that nomi- clear weapons, the continuing upheaval any wrongdoing. The dangerous impli- nee’s ideology or record of activism in and American military presence in cations that this posture has for our the hopes that he or she will deliver po- Iraq, are all fundamental matters on own troops and citizens becomes more litical victories, the President will which we need to improve. It is my obvious every day. have done so knowing that he is start- hope that we can work together on Third, and this is the bottom line: ing a confirmation confrontation. The many issues important to the Amer- Guantanamo has not made our country Supreme Court should not be an arm of ican people, including maintaining a safer. It is increasingly clear that the the Republican Party, nor should it be fair and independent judiciary. I am administration’s policies have seri- a wing of the Democratic Party. If the confident that a smooth nomination ously damaged our reputation in the right-wing activists who were dis- and confirmation process can be devel- world, and they are making us less appointed that the nuclear option was oped on a bipartisan basis if we work safe. The stain of Guantanamo has be- averted convince the President to together. The American people we rep- come the primary recruiting tool for choose a divisive nominee, they will resent and serve are entitled to no less. our enemies. President Bush often not prevail without a difficult Senate f speaks of spreading Democratic values battle. And if they do, what will they across the Middle East, but Guanta- have wrought? The American people GUANTANAMO BAY namo is not a reflection of the values will be the losers: The legitimacy of Mr. LEAHY. Mr. President, it has that he has encourages other nations the judiciary will have suffered a dam- been well over 3 years since the admin- to adopt. The United States has often aging blow from which it may not soon istration began to hold detainees at the criticized other nations for operating recover. Such a contest would itself U.S. Naval Base in Guantanamo Bay, secret prisons where detainees are hid- confirm that the Supreme Court is just Cuba. The first batch of then only 20 den away and denied any meaningful another setting for partisan contests detainees arrived in January 2002. opportunity to contest their detention. and partisan outcomes. People will per- There are now more than 500 detainees Now we have our own such prisons. ceive the Federal courts as places in at Guantanamo. I cannot give you an Even if the administration fails to see which ‘‘the fix is in.’’ exact number because our own Govern- the hypocrisy of this situation, I can Our Constitution establishes an inde- ment refused to tell the American peo- assure you, the rest of the world does pendent Federal judiciary to be a bul- ple an exact number. not. wark of individual liberty against in- In fact, there is much that we do not Guantanamo Bay, in addition to Abu cursions or expansions of power by the know about our Government’s activi- Ghraib, is a national disgrace and political branches. That independence ties at Guantanamo. From the start, international embarrassment to us, to is at grave risk when a President seeks the administration’s answer to every our country’s ideals, and a festering to pack the courts with activists from question regarding this secret deten- threat to our security. It is a legal either side of the political spectrum. tion facility has been: Trust us. Trust black hole that dishonors the prin- Even if successful, such an effort would us that we know the law and that we ciples of a great nation. America was lead to decision-making based on poli- will comply with it. Trust us to treat once very rightly viewed as a leader in tics and forever diminish public con- detainees humanely and in accordance human rights and the rule of law, but fidence in our justice system. with our laws and treaties and the Guantanamo has drained our leader- The American people will cheer if the great and wonderful traditions of the ship, our credibility, and the world’s President chooses someone who unifies United States. Trust us that Guanta- good will for America at alarming the Nation. This is not the time and a namo will make Americans safer. More rates. Even our closest allies cannot vacancy on this Supreme Court is not than 3 years later, the one thing we condone the policies embraced by this the setting in which to accentuate the know for sure about Guantanamo is Government, not to mention the sig- political and ideological division with- that any trust we may have had was nificant damage that has been caused in our country. In our lifetimes, there misplaced. by allegations and proven incidents of has never been a greater need for a uni- First, the administration either did detainee abuse in Iraq, Afghanistan, fying pick for the Supreme Court. At a not know or did not follow the law. The and Guantanamo. These are not the time when too many partisans seem list of reversals of this administra- policies of a great and good nation such fixated on devising strategies to force tion’s policies and practices at Guanta- as ours. This is not the American sys- the Senate to confirm the most ex- namo is long. From the Supreme tem of justice that I have grown up treme candidate with the least number Court’s rejection of the claim that honoring and appreciating.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12289 Within the last 2 weeks, I was at a one? What does the administration in- whom my wife Janet and I count meeting of NATO parliamentarians. tend to do with the more than 500 de- among our very dearest friends. These are parliamentarians from the tainees still imprisoned there? How Professional dancer and model, suc- countries that are our closest allies. many will be released and when? How cessful businesswoman, renowned avi- They are members of the NATO alli- many will be charged and tried and atrix, newspaper columnist and gen- ance with the United States and proud when? erous philanthropist, Zoe Dell Nutter to be part of that alliance. Every one of The administration consistently in- has been each of these and so much them I spoke with said the same thing: sists that these detainees pose a threat more. How can America continue to be a bea- to the safety of Americans. The Vice Today, she has one more entry to her con for democracy with the stain of President said that the other day. If long list of credits, awards, and Guantanamo? Some of these countries that is true, then one would have to as- achievements—her 90th birthday. Zoe were countries that originally had been sume we have credible evidence to sup- Dell’s life has taken her to so many behind the Iron Curtain. With the ef- port it. If there is such evidence, then places, called her into so many fas- forts of this administration and the let’s prosecute these people. If we have cinating career pursuits, driven her to Clinton administration, we see them the evidence, prosecute them. give so much back to her community, now as proud members of NATO. They But we also know that some of the State, and Nation, and, lastly, re- look to the United States for leader- detainees have been wrongly detained. warded her with so many accolades, ship, and they ask us: Why Guanta- I suspect there are others who have not honors along the way that I could namo? yet been released against whom the never do her story justice on this floor. The 9/11 Commission understood that evidence is weak at best. It is one thing I will spend a moment describing the military strength alone is not suffi- if they are being detained in accord- wonderful friendship Janet and I have cient to defend our Nation against ter- ance with the Geneva Conventions. But shared with Zoe Dell. It was truly a rorism. There has to be a role for work- if not, they do not belong there. friendship at first sight when we all ing cooperatively with the rest of the Guantanamo Bay is causing immeas- met on a long day back in 1979. Erv and world. In its report, the Commission urable damage to our reputation as a Zoe Dell were the loves of one an- said that the Government ‘‘must define defender of democracy and beacon of other’s eyes, true life partners who what the message is, what it stands for. human rights around the world. It is shared the same dreams, interests, and We should offer an example of moral becoming a legal black hole, a rallying passions through their marriage. Janet leadership in the world, committed to cry for our enemies, fueling hostilities and I were always so impressed with treat people humanely, abide by the against us and our policies. how supportive they were of one an- rule of law, and be generous and caring We have always been able to say that other and how proud and respectful to our neighbors.’’ Guantanamo Bay is those who strike out against us do not they were of each other’s careers. They not the way to do this. uphold the rule of law as we do. We had a genuine concern for their family, The administration got itself into have always been able to point out that extended family, and community. this mess because it refused to accept the kind of actions they carry out are Above all else, they were a truly de- Congress as a partner in its so-called horrible, horrific. And every one of us, voted couple. And I know that the bond war on terror and insisted on acting Democrat and Republican, have found Janet and I forged with them is, in unilaterally. It would not even involve part, a reflection of the devotion to Congress, even though Congress is con- them abhorrent and have said so. Yet the administration has not ar- each other we have treasured over the trolled by members of the President’s 42 years of our marriage. party. Following the start of combat in ticulated a coherent plan to repair the I would ask each of you here today to Afghanistan in October 2001, I urged damage. Every one of us knows from reflect on your own lives, and on those President Bush to work with Congress what we hear around the world that we special friendships that are so vital to to fashion appropriate rules and proce- have been damaged by Guantanamo. your happiness. Sometimes I think our dures for detaining and punishing sus- Why carry out acts that do not follow fellow citizens do not realize that the pected terrorists. All of us agree, if you our own laws, our own Constitution, have terrorists, if it is proven they are our own tradition? We need a plan from most significant friendships enjoyed by terrorists, they should be detained and the administration to repair this dam- those of us in public service are usually punished. As I noted at the time, our age. The Congress has abdicated its with people who are far removed from Government is at its strongest when oversight responsibility for far too politics and governing. So it has been the executive and legislative branches long. The Administration has placed with the Nutters and the Voinovichs. of Government act in concert. Unfortu- this nation in an untenable situation, Of all the remarkable things Zoe Dell nately, the President was determined and it is time for Congress to demand has done in her life, perhaps nothing to go it alone. a way out. else quite compares with her love for Up until now, this Republican-led Mr. President, as I said, this doesn’t flying and her accomplishments both Congress has been content to go along reflect the feeling of just the Demo- as a gifted aviatrix and a tireless for the ride. As the administration dug cratic Senator from Vermont. Similar champion of aviation. She first took to itself deeper and deeper into a hole, we expressions have been made by Repub- the skies in the 1940s, when women stood idly by. Instead of providing licans and Democrats, leading people were not exactly encouraged to be pi- checks and balances, we simply wrote in this country, people I respect great- lots. Zoe Dell persevered and excelled. one blank check after another. ly, who point out what we all know— And in so doing, she helped make it This has to change. The Constitution and maybe we don’t like to talk about possible for little girls around the provides that Congress, not the Presi- it—Guantanamo is a blot on the con- world to add ‘‘aviation’’ to the list of dent, has the power to ‘‘make Rules science of America—a good and great dreams that they might dream. concerning Captures on Land and conscience, one that has been a shining One of Zoe Dell’s greatest contribu- Water.’’ Congress, not the President, beacon to so many countries. Let’s not tions to aviation was a dream of her has the power to ‘‘define and punish Of- allow this blot. Let’s take the steps own—a vision that the industry should fenses against the Law of Nations.’’ necessary to erase it. have its own hall of fame. Because of And perhaps most importantly, Con- f her, I became interested, as Governor, gress, not the President, has the power in helping to make her dream a reality of the purse. Maybe each one of us CONGRATULATIONS ZOE DELL in Ohio. And why not? Let me repeat should take a few moments and reread NUTTER the names of some of America’s fore- the Constitution that we are sworn to Mr. VOINOVICH. Mr. President, I most aviation pioneers: the Wright uphold. rise to celebrate the remarkable life of Brothers, John Glenn, Neil Armstrong, What is the administration’s plan for one of Ohio’s most extraordinary and, yes, Zoe Dell Nutter—Ohioans, Guantanamo Bay, assuming there is women, Zoe Dell Nutter, a person one and all.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12290 CONGRESSIONAL RECORD—SENATE June 13, 2005 Janet and I worked tirelessly with strengthen U.S.-Latvian bilateral rela- I know my fellow Senators will agree Zoe Dell and Erv on the hall of fame tions, and providing outstanding sup- that U.S. Ambassador John Herbst and project, but it was always Zoe Dell who port throughout our visit, including his staff deserve recognition for doing a was the heartbeat of the initiative. We setting up a meeting with the great job. They made sure that our were successful in making it a true Belarusian opposition. I am particu- visit included differing views on the Or- public-private partnership and today larly proud of Cathy as she is a Ken- ange Revolution, including those of the Aviation Hall of Fame in Dayton is tuckian; she is doing the Common- former President Leonid Kravchuck a sparkling jewel in the crown of Ohio’s wealth proud. and Yushchenko-challenger Viktor contributions to aviation. Thank you, From Latvia we traveled to Russia, Yanukovych, both of whom were at Zoe Dell, one more time, for your vi- where the contrast between the two dinner one night at the Ambassador’s sion, for your commitment, and for countries was immediate. Although house, and had very different views, ob- your own numerous contributions to Moscow has physically changed since viously, than those expressed by the aviation. my last visit in 1993, a bumbling So- President and Prime Minister. Zoe Dell hung up her pilot’s wings a viet-era bureaucracy and suspicion of From Ukraine we traveled to Jordan number of years back. But I can guar- the United States unfortunately re- where we met with King Abdallah. We antee you, she is wearing another set main. discussed regional issues, particularly of wings that will be with her all the Cooperation on issues of mutual im- Iraq and prospects for peace on the days of her life—angel’s wings. portance to the United States and Rus- West Bank and Gaza. King Abdallah is Janet and I treasure our friendship sia must continue, including coun- clearly engaged on both issues and we with Zoe Dell. And I am humbled to tering terrorism, preventing the pro- appreciate that he continues to be a liferation of weapons and materials of place this tribute into the CONGRES- valued partner for peace. mass destruction, and dealing with the SIONAL RECORD, acknowledging the Given aircraft mechanical problems, challenges of Iran and North Korea. venerable milestones Zoe Dell Nutter our visit to Iraq was somewhat abbre- However, concerns expressed in Lat- has reached on this day, and, more im- viated. Nonetheless, we departed Bagh- via—and later in Ukraine—on the roll- portantly, a life so fully lived. dad with an unmistakable conclusion: back of democracy in that country May she enjoy many more years of 2005 is a critical year for the future of were underscored in a meeting we had good health and God’s blessing. democracy in that country—and for with a dynamic member of Russia’s our own country’s efforts to help the f Duma, and the 9-year prison sentence Iraqi people secure the blessings of lib- handed down to ex-YUKOS tycoon Mi- LATVIA, UKRAINE, RUSSIA, erty. The Iraqi people face a number of khail Khodorkovsky while we were in JORDAN AND IRAQ looming deadlines, including drafting a Moscow. Mr. MCCONNELL. Mr. President, new constitution by August 15, holding over the Memorial Day recess my col- I echo the calls by President Bush and Secretary of State Rice for greater a national referendum on the constitu- leagues from Idaho and South Carolina support and respect for democracy and tion by October 15, and conducting na- joined me on a trip to Europe and the the rule of law by President Putin and tional elections to form a new govern- Middle East to review political and the Russian Government. I would only ment by December 15. So they have economic developments in emerging add that with respect to regional rela- several deadlines ahead of them on the democracies, and U.S. security and for- tions, it is in Russia’s interest that its road to democracy. The participation eign assistance activities that support neighbors are democratic. It is my view of Sunni, Shiite and Kurdish represent- the march of freedom in those regions. that greater freedom can provide the atives in this process is absolutely im- I want to take a brief moment to share stability that the Kremlin apparently perative. According to an Iraqi parlia- with my colleagues some of the trip seeks in Ukraine, Georgia and else- mentarian we met, the Iraqi people are highlights. where. up to this challenge. They should know Our first leg took us to Latvia, where In Ukraine, we met with a broad that America will continue to stand Senators CRAPO and DEMINT and I met range of government and former gov- with them. with senior government officials and ernment officials to discuss the Orange In Baghdad, we met with David President Vaira Vike-Freiberga. Al- Revolution, and the need for critical Satterfield, our Charge d’Affaires, Gen- though a young democracy, Latvia is economic reforms that Ukraine must eral George Casey, and General David unquestionably headed in the right di- implement in order to fulfill its aspira- Petraeus. The view expressed by our rection. A painful and horrific past tions for entry into the WTO, EU and general officers in Baghdad—that the under Soviet occupation has seemingly NATO. While it is clear that President Iraqi Army has made considerable steeled in that country’s national con- Yushchenko and Prime Minister progress—was shared by the Com- sciousness a drive and determination Tymoshenko understand the hard work mander of the Second Marine Expedi- toward freedom and free markets. Not that lies ahead, they—and other key tionary Force in Fallujah, General surprisingly, Latvian officials today leaders—must keep their collective Steve Johnson. are keenly aware of events in neigh- noses to the grindstone to implement In Fallujah, we met with a task force boring Russia, and expressed concern economic reforms as quickly as pos- of Marines determined that the heroic with what they perceive as growing sible. combat operations required to take the authoritarianism in Moscow. As a long time Ukraine-watcher, it is city should be followed by successful A member of NATO and the EU, Lat- my hope that Yushchenko and reconstruction efforts. They told us via recognizes that while it continues Tymoshenko do not repeat the mis- that Iraqi forces are combat ready, and to make forward progress at home, in- takes of previous governments that led determined in the face of enemy oppo- cluding passage of important money- to massive corruption and political sition. Recent press reports regarding laundering legislation, it has an impor- shenanigans following independence in Operation Matador, and the discovery tant role to play in the region and be- 1991. The recent failure of the Rada to of an insurgent underground bunker yond. I again want to express my pass intellectual property rights legis- system, reveal only a small part of the heartfelt appreciation to the people of lation—which is essential to WTO great work that our forces are doing in Latvia for their support of military op- entry—is a cause for concern. However, Anbar province. erations in Iraq and democracy in Ukrainians should know that America On a personal note, in Fallujah I was neighboring Belarus, Ukraine, and is ready and willing to help further reunited with 2LT Joe Bilby of the Georgia. freedom in their country. This was no Third Battalion, Eleventh Marine Regi- U.S. Ambassador Cathy Bailey and more clearly demonstrated than ment. This young officer once worked her staff, particularly Mark Draper, de- through the $60 million provided for on my staff here in the Senate, heard serve praise for representing America’s Ukraine in the recently passed emer- the call of duty, and earned a commis- interests in Riga ably, continuing to gency supplemental. sion in the Marine Corps. His unit is

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12291 executing a mission critical to our suc- Most of the bill’s estimated costs would tles on renewable energy (title II), nuclear cess in Iraq. The people of Kentucky, stem from changes in spending subject to ap- energy (title VI), electricity (title XII), and and the rest of the country, should be propriation. We estimate that implementing energy efficiency (title I) would have the proud of Lieutenant Bilby and his Ma- the bill would cost $5.1 billion in 2006 and greatest impact on private-sector entities $35.9 billion over the 2006–2010 period from and state and local governments. rine band of brothers. appropriated funds, assuming appropriation Let me close by pointing out that Estimated cost to the Federal Govern- of the necessary amounts. ment: The estimated budgetary impact of critical to the success of freedom in CBO estimates that enacting the bill also the legislation is shown in Table 1. The costs would increase direct spending by $728 mil- any country is strong and effective of this legislation fall within budget func- lion over the 2005–2010 period but would re- leadership that includes the political tions 270 (energy), 300 (natural resources and will to implement needed political, duce direct spending by $591 million over the 2005–2015 period. CBO estimates that enact- environment), 350 (agriculture), 450 (commu- economic and legal reforms. As in pre- ing the bill would increase net revenues by nity and regional development) and 800 (gen- vious years, my staff and I will be $75 million in 2006 and would result in a net eral government). using this measurement as we put to- loss of revenues totaling $1.2 billion over the Basis of estimate gether the fiscal year 2006 State, For- 2006–2010 period and $1.0 billion over the 2006– eign Operations, and Related Programs 2015 period. For this estimate, CBO assumes that the appropriations bill in the weeks to The bill contains numerous mandates as Energy Policy Act of 2005 will be enacted near the end of fiscal year 2005. Additionally, come. defined in the Unfunded Mandates Reform Act (UMRA) that would affect both intergov- CBO assumes that the authorized and nec- f ernmental and private-sector entities. essary amounts will be appropriated for each CBO REPORT CBO cannot determine the cost of all the year and that spending will follow historical mandates in the bill because several of the rates for ongoing activities. Table 2 details Mr. DOMENICI. Mr. President, at the requirements established by the bill would the components of estimated spending sub- time Senate Report No. 109–78 was hinge on future regulatory action about ject to appropriation under the bill. (Table 3, filed, the Congressional Budget Office which information is not available. Though provided later, details the bill’s direct spend- report was not available. I ask unani- CBO cannot estimate the cost of each man- ing effects.) mous consent that the report, which is date, we expect that the total cost of pri- Spending subject to appropriation—Overview vate-sector mandates in the bill would ex- now available, be printed in the CON- ceed the annual threshold established in The bill contains several provisions that GRESSIONAL RECORD for the information UMRA ($123 million in 2005, adjusted annu- specify amounts authorized to be appro- of the Senate. ally for inflation). That conclusion is based priated for programs related to energy re- There being no objection, the mate- on our analysis of the renewable fuels stand- search, development, production, and con- rial was ordered to be printed in the ard, which would impose substantial costs on servation. Additionally, the bill would au- RECORD, as follows: the motor fuels industry. thorize unspecified amounts to be appro- CBO estimates, however, that the total priated for energy conservation, loan guar- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE cost of complying with intergovernmental antees for certain energy facilities and Energy Policy Act of 2005—As ordered reported mandates in the bill would not exceed the projects to develop innovative technologies, by the Senate Committee on Energy and threshold established in UMRA ($62 million incentives to use renewable energy, and sev- Natural Resources on May 26, 2005 in 2005, adjusted annually for inflation). The eral other energy programs, studies, and re- Summary: The legislation would authorize bill also would authorize numerous grants ports. Assuming appropriation of the nec- funding for several programs aimed at en- and initiatives that would benefit state, essary amounts, CBO estimates that imple- ergy production, conservation, and research local, and tribal governments; any costs menting these provisions would cost $5.1 bil- and development. It would authorize the use those governments incur for these projects lion in 2006 and $35.9 billion over the 2006–2010 of energy savings performance contracts and initiatives would result from complying period. The following two sections detail the (ESPCs), make several changes to the regu- with conditions for receiving this federal as- costs of specified and estimated authoriza- latory framework governing the nation’s sistance. tions. (A discussion of direct spending and electricity system, and establish a mandate Based on its review of the bill, CBO expects revenue effects follows the next two sec- for the use of renewable fuels. that the mandates contained in the bill’s ti- tions.) TABLE 1.—ESTIMATED BUDGETARY IMPACT OF THE ENERGY POLICY ACT OF 2005

By fiscal year, in billions of dollars— 2005 2006 2007 2008 2009 2010

CHANGES IN SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for Energy Science Programs: Budget Authority 1 ...... 6.0 0.0 0.0 0.O 0.0 0.0 Estimated Outlays ...... 5.4 2.9 0.6 0.1 * * Proposed Changes: Specified Authorization Levels: Authorization Level ...... 0.0 9.7 10.5 11.5 2.4 2.5 Estimated Outlays ...... 0.0 4.8 8.8 10.6 6.9 3.2 Estimated Authorization Levels: Estimated Authorization Level ...... 0.0 0.4 0.3 0.4 0.3 0.3 Estimated Outlays ...... 0.0 0.3 0.3 0.4 0.3 0.3 Total Proposed Changes: Estimated Authorization Level ...... 0.0 10.1 10.8 11.9 2.7 2.8 Estimated Outlays ...... 0.0 5.1 9.2 10.9 7.2 3.5 Spending Under the Energy Policy Act of 2005 for Energy and Science Programs: Estimated Authorization Level ...... 6.0 10.1 10.8 11.9 2.7 2.8 Estimated Outlays ...... 5.4 8.0 9.7 11.0 7.2 3.6 CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... * 0.1 0.4 0.3 0.1 ¥0.1 Estimated Outlays ...... * 0.1 0.3 0.3 0.1 ¥0.1 CHANGES IN REVENUES Estimated Revenues ...... 0.0 0.1 * ¥0.2 ¥0.4 ¥0.7 1 The 2005 amount is the amount appropriated for that year for energy conservation, development, production, and science programs. Notes: * = less than $50 million. Components may not sum to totals because of rounding.

TABLE 2.—ESTIMATED EFFECTS OF THE ENERGY POLICY ACT OF 2005 ON SPENDING SUBJECT TO APPROPRIATION

By fiscal year, in billions of dollars— 2005 2006 2007 2008 2009 2010

SPENDING SUBJECT TO APPROPRIATION Discretionary Spending Under Current Law for Energy and Science Programs: Budge Authority 1 ...... 5,953 0 0 0 0 0 Estimated Outlays ...... 5,366 2,882 556 86 29 29

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12292 CONGRESSIONAL RECORD—SENATE June 13, 2005 TABLE 2.—ESTIMATED EFFECTS OF THE ENERGY POLICY ACT OF 2005 ON SPENDING SUBJECT TO APPROPRIATION—Continued

By fiscal year, in billions of dollars— 2005 2006 2007 2008 2009 2010

Proposed Changes: Specified Authorization Level ...... 0 9,684 10,454 11,492 2,440 2,539 Estimated Outlays ...... 0 4,765 8,843 10,553 6,889 3,228 Estimated Authorizations: Energy Conservation Measures at Federal Agencies: Estimated Authorization Level ...... 0 93 99 106 107 114 Estimated Outlays ...... 0 76 98 105 108 113 Loan Guarantees for Innovative Technologies: Estimated Authorization Level ...... 0 85 85 85 85 60 Estimated Outlays ...... 0 85 85 85 85 60 Indian Energy Programs: Estimated Authorization Level ...... 0 36 51 61 71 56 Estimated Outlays ...... 0 21 41 55 67 60 Renewable Energy Production Incentive (REPI): Estimated Authorization Level ...... 0 100 23 13 8 27 Estimated Outlays ...... 0 70 46 16 10 21 Cellulosic Biomass and Cane Sugar Loan Guarantee: Estimated Authorization Level ...... 0 30 0 40 0 40 Estimated Outlays ...... 0 30 0 40 0 40 Other Provisions: Estimated Authorization Level ...... 0 46 50 56 14 14 Estimated Outlays ...... 0 43 49 56 14 14 Subtotal, Estimated Authorizations: Estimated Authorization Level ...... 0 390 307 360 284 310 Estimated Outlays ...... 0 325 318 357 283 307 Total Proposed Changes: Estimated Authorization Level ...... 0 10,073 10,761 11,852 2,724 2,849 Estimated Outlays ...... 0 5,090 9,161 10,910 7,172 3,535 Discretionary Spending Under the Bill for Energy and Science Programs: Estimated Authorization Level 1 ...... 5,953 10,073 10,761 11,852 2,724 2,849 Estimated Outlays ...... 5,366 7,972 9,717 10,996 7,201 3,564 1 The 2005 amount is the amount appropriated for that year for energy conservation, development, production, and science programs.

Spending subject to appropriation: specified Spending subject to appropriation: Estimated ings can lead to reduced energy consumption authorizations authorizations and reduce costs enough to recoup the cost The legislation would specifically author- Based on information from DOE, the De- of installing meters within two to four years. ize the appropriation of $36.6 billion over the partment of the Interior (DOI), the Environ- It is possible that this requirement could next five years for several energy-related mental Protection Agency (EPA), other af- lead to a future reduction in appropriations programs. Assuming appropriation of the au- fected agencies, and industry sources, CBO for energy use in federal buildings, but any thorized amounts, CBO estimates that imple- estimates that implementing the provisions such savings would depend on how metering menting the bill’s programs with specified of the bill that are subject to appropriation information is used by federal agencies. Ad- authorizations would cost $4.8 billion in 2006 and have no specified authorization level ditionally, metering can reveal where energy and $34.3 billion over the 2006–2010 period. would cost $325 million in 2006 and $1.6 bil- use is high, but capital investment and other changes in how federal buildings consume That estimate includes: lion over the 2006–2010 period. Key compo- Nearly $2.5 billion for the Department of nents of this estimate are described below. energy would likely be needed to achieve savings. In any case, any savings are not Energy’s (DOE’s) energy conservation pro- Energy Conservation at Federal Agencies. likely to be significant over the next five grams (title I); Title I would amend several energy con- years because most of the new metering and Nearly $700 million for renewable energy servation goals and requirements that apply required capital investment would not be grants and research projects (title II); to the federal government. CBO estimates completed until the end of that period or $3.3 billion for programs related to federal that implementing those provisions would cost $500 million over the 2006–2010 period, after 2010. oil and gas resources and for financial assist- Loan Guarantees for Innovative Tech- subject to appropriation of the necessary ance to coastal states (title III); nologies. The bill would establish a credit as- amounts. Most of those goals, such as reduc- $400 million to research and demonstrate sistance program for energy production tech- ing energy use by 2 percent per year relative new technologies that use coal (title IV); nologies that reduce greenhouse gas emis- to 2003 consumption and purchasing energy- $134 million for programs to research and sions and employ new or significantly im- develop energy resources on Indian lands efficient products when economical, are proved technologies over those currently (title V); being pursued under current executive or- available. Currently, DOE has no authority About $540 million for a new program to re- ders. Where practical, the bill would require to provide credit assistance and has devel- search, develop, design, construct, and oper- that hourly electricity meters be installed at oped no plans for how it would use this au- ate an Advanced Reactor Hydrogen Cogen- all federal buildings by 2012. Such meters thority. For this estimate, we assume DOE eration Project and $16 million for a nuclear would provide data at least once daily and would provide an 80 percent guarantee of decommissioning project in Arkansas (title measure hourly consumption of electricity. loans worth about $3.75 billion over the 2006– VI); The data would be available to facility en- 2010 period. Assuming appropriation of the About $450 million for research and dem- ergy managers. necessary amounts, CBO estimates that im- onstration of vehicles that use alternative Based on information from the DOE, we as- plementing this provision would cost $400 transportation fuels (title VII); sume that it would only be economical to million over the 2006–2010 period and an addi- $2.8 billion for research, development, and meter 20 percent of the government’s inven- tional $200 million after that. CBO assumes— demonstration of hydrogen-based fuel tech- tory of 500,000 buildings and that installing after providing loan guarantees for $3.75 bil- nologies and infrastructure for hydrogen meters would cost, on average, $4,000 per lion worth of projects over the next five fuels (title VIII); building. We assume that meters would be years—that DOE’s credit assistance under $23 billion to research energy efficiency installed in 20,000 buildings per year until the program would probably accelerate after technologies, renewable energy sources, fos- 2012, when the project would be complete. We that period as the department gained experi- sil energy development, basic science, and estimate that implementing the metering ence. The department could offer more or other energy sources and new technologies provisions of the legislation would cost $57 less credit assistance than we have assumed (title IX); million in 2006 and $323 million over the 2006– here. All costs of such credit assistance $45 million to promote a technology infra- 2010 period. CBO estimates that other re- would be subject to appropriation. structure program and support small busi- quirements in this title, such as providing Description of Loan Guarantee Program. ness participation in DOE research activities technical assistance to states, establishing The bill would provide DOE with broad au- (title X); new programs and rules for making products thority to make loan guarantees to a variety About $300 million for training personnel more energy-efficient, and monitoring the of energy projects, ranging from renewable to work in the energy technology industry, equipment installed using energy savings energy systems, to advanced nuclear energy and providing awards and fellowships in performance contracts would cost $19 million facilities, integrated coal gasification com- science, mathematics, and energy education in 2006 and $177 million over the next five bined-cycle technology, petroleum coke gas- (title XI); and years. ification technology, and carbon sequestra- About $40 million for incentive payments Based on experience in the private sector, tion technology, as well as other new tech- for advanced power technologies (title XII). metering the hourly electricity use of build- nologies. The legislation sets no limits on

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12293 the number of projects, or total principal the legislation and additional investment in sume that the remaining loan guarantees that could be guaranteed, nor does it indi- other clean coal technologies. would be divided between fossil fuel elec- cate any priority for one type of project over Given the current outlook for energy tricity generation and renewable fuel another. prices, CBO expects that the credit risk of projects. Under these assumptions, we esti- Under the bill, DOE could not guarantee gasification loans would likely fall within mate that the average subsidy cost for loans loans for more than 80 percent of a project’s the middle of the range for speculative in- guaranteed under the program would be 10 cost; it could sell, manage, or hire contrac- vestments, but the risk of default could be percent. CBO expects that loans would be tors to take over a facility to recoup losses higher or lower depending on the contract disbursed over the next 10 years, and we esti- in the event of a default, or it could take terms and specific technology. CBO estimate that the loan guarantee program would over a loan and make payments on behalf of mates that loan guarantees for such projects cost $7 million in 2006 and $132 million over borrowers prior to a default. Such payments would probably involve a 20 percent subsidy. the 2006–2010 period, assuming appropriation could result in DOE effectively providing a Thus, we estimate that implementing this of the necessary amounts for the estimated direct loan with as much as a 100 percent provision would cost $350 million over the subsidy costs. subsidy rate—essentially a grant—that could 2006–2010 period, assuming appropriation of Office of Indian Energy Policy and Pro- be used by the borrower to payoff its debts. the necessary amounts. Additional outlays grams. The bill also would authorize DOE to Under the Federal Credit Reform Act, of $150 million would occur after 2010 as con- establish a new office that would be respon- funds must be appropriated in advance to struction progressed on such projects. sible for promotion and development of In- cover the subsidy cost of loan guarantees, Renewable Energy. The legislation also dian tribal energy concerns. Based on infor- measured on a present value basis. The costs would authorize DOE to make loan guaran- mation from DOE, CBO estimates that the of such subsidies could vary widely depend- tees for renewable energy projects such as salaries, expenses, benefits, space, and travel ing on the terms of the contracts and the fi- biomass and geothermal sources for elec- costs of the DOE employees that would ad- nancial and technical risk associated with tricity generation. Such projects could range minister such programs would be about $3 different types of projects. According to in cost from $10 million for a small 5 mega- million annually. Standard and Poor’s, the cumulative default watt geothermal plant to $250 million for an Renewable Energy Production Incentive risk for projects rated as speculative invest- ethanol production plant. We expect that (REPI). The REPI program currently pro- ments can range from about 20 percent to al- subsidy rates for loans guaranteed under this vides cash payments to public utilities and most 60 percent, depending on a project’s title would be 20 percent. For this estimate, electric cooperatives that generate energy cash flows and contractual terms. Subsidy we assume that $625 million worth of renew- using renewable sources. The payment is costs also are affected by amounts that could able energy projects would receive an 80 per- based on the annual kilowatt-hours of elec- be recovered by the government in the event cent loan guarantee over the next 5 years. tricity generated using qualified renewable of default, which in turn depend on the value Such loan guarantees for renewable energy energy sources. Section 202 would reauthor- of the security backing the guarantee as well systems would cost $50 million over the 2006– ize the REPI program for an additional 20 as contractual protections. For this esti- 2010 period, and an additional $50 million years, and make Indian tribes eligible for the mate, CBO assumes that, over the next five after that period. program. Annual funding appropriated for years, DOE would not provide guarantees to Nuclear Energy. Because of DOE’s support the program has not kept pace with applica- projects with a subsidy cost greater than 20 of emerging nuclear technology through a tions for payment from eligible utilities. percent. current program called Nuclear Power 2010, Specifically, eligible utilities have generated The bill would authorize DOE to accept we expect that the department would use the electricity from renewable resources since payments from borrowers sufficient to cover program to provide a guarantee to at least 1994 in an amount that qualifies for about $76 the subsidy cost of loan guarantees. How- one new nuclear facility over the 2011–2015 million in REPI payments that have not ever, because the technologies covered by period. Such a guarantee could be for more been appropriated. Based on information the program would be new and would be than $2 billion and carry a significant sub- from DOE, CBO estimates that fully funding seeking government backing, CBO expects sidy cost (perhaps as much as 30 percent). this program, including the backlog of appli- that projects seeking a guarantee would not Indian Energy Programs. Title V would au- cations, would cost $70 million in 2006 and be in a position to fund the federal subsidy thorize the Department of the Interior to $163 million over the 2006–2010 period. cost of a loan guarantee. The bill specifies provide grants and loans to Indian tribes for Cellulosic Biomass and Cane Sugar Loan that DOE shall charge fees to cover the costs energy resource development projects. That Guarantee Program. Section 204 would au- of administering the credit program. title also would authorize DOE to provide thorize DOE to issue loan guarantees to help Types of Projects Guaranteed. The legisla- loan guarantees for energy development finance the construction of facilities to tion contains general guidelines that projects on Indian land and to establish an produce fuel ethanol from agricultural res- projects must meet to qualify for credit as- Office of Indian Energy Policy and Pro- idue. The development of such facilities sistance and specifies criteria for selecting grams. In total, CBO estimates that these poses some risk mainly because the tech- at least two coal gasification projects. For programs would cost $21 million in 2006 and nology that would be used to process ethanol purposes of this estimate, we assume that $244 million over the 2006–2010 period. from such sources is new and is not well- DOE would guarantee about $3 billion in coal DOI Grants and Loans. The bill would au- proven. gasification projects, which would include thorize DOI to provide loans and grants to For this estimate, we expect that such fa- the two specified in the legislation and at Indian tribes for energy resource develop- cilities would be debt-financed and sponsors least one other project. We also assume that ment and integration and regulation of trib- would recover costs through the sale of eth- the department would use the authority in al energy resources and to develop energy re- anol. Prices for ethanol have a history of the bill to provide loan guarantees for $625 source agreements through leases, business fluctuating widely and the likelihood of fu- million worth of renewable energy systems, agreements, and rights-of-way. Based on in- ture fluctuations could contribute additional such as biomass or geothermal electricity formation from DOI, CBO estimates that credit risk for such a project. Moreover, the plants. such grants and loans would cost about $11 cash flow for these projects also would rely Coal Gasification. Gasification projects re- million in 2006 and $97 million over the 2006– heavily on the cost of purchasing feedstock. quire large capital investments, ranging 2010 period. According to DOE, a plant’s reliance on feed- from over $500 million for a 400 megawatt DOE Loan Guarantees. Title V would au- stock from these sources would increase a gasification plant to $1 billion or more for a thorize the Secretary of Energy to guarantee project’s credit risk because prices for feed- plant that would produce electric power and up to $2 billion in loans for energy projects stock can become competitive if demand for other fuels using petroleum coke. Such gas- on Indian lands. Based on information from such products increases. ification technologies are not new—they the Council of Energy Resource Tribes, CBO Under credit reform procedures, funds have been tested and deployed to some ex- expects that DOE would provide loan guaran- must be appropriated in advance to cover the tent in other countries—but they have not tees for a variety of projects on Indian lands, subsidy cost of loan guarantees, measured on been proven economically competitive in the including electricity transmission lines, fos- a present value basis. Because of the signifi- United States. Profitability would depend on sil fuel electricity generation, and renewable cant level of risk associated with these types numerous factors, including future elec- fuels. CBO expects that the subsidy cost of of projects, the costs of subsidizing such loan tricity and fuel prices; the price, quality, and loans guaranteed under this program could guarantees could vary widely. At worst, the availability of feedstocks; and various regu- range from 2 or 3 percent for routine conven- government could absorb all of the risk, ef- latory approvals. tional projects to 50 percent or more for fectively converting the loan guarantees into For this estimate, CBO assumes that DOE unproven technologies. grants. This provision would authorize DOE would provide an 80 percent guarantee on in- For this estimate, CBO assumes that about to issue loan guarantees limited to $250 mil- vestments totaling about $3 billion over the half of the program would provide loan guar- lion per project. However, the provision does next five years, which would include the antees for electricity transmission lines, not set any limits on the number of loan planning and construction of the two coal which should pose relatively little credit guarantees that could be made. Under this gasification plants specifically mentioned in risk under standard contract terms. We as- legislation, an applicant for a loan guarantee

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12294 CONGRESSIONAL RECORD—SENATE June 13, 2005 would have to be currently operating an ex- Utility Holding Company Act of 1935, require activities would cost $43 million in 2006 and isting facility that produces at least 50,000 FERC to take over certain regulatory proce- $176 million over the 2006–2010 period, subject gallons of ethanol per year. dures currently undertaken by the Securities to the availability of appropriated funds. CBO estimates that, over the next five and Exchange Commission, and amend the Direct spending and revenues years, DOE would probably provide loan Public Utilities Regulatory Policies Act. guarantees for three projects, each with a Based on information from FERC, CBO es- Several provisions in the bill would affect total construction cost of about $250 million. timates that implementing these provisions direct spending and revenues. The estimated Because the bill also would require appli- would cost $11 million in 2006 and $47 million effects of these provisions are shown in Table cants to contribute at least 20 percent of the over the 2006–2010 period. Such costs would 3. The bill would establish a mandate for the project’s total cost, CBO estimates that the cover additional data processing and storage, use of renewable motor fuels, provide perma- value of each loan guarantee would be about additional staff, and travel related to the nent authorization for the use of energy sav- $200 million. In addition, based on informa- agency’s new duties. Because FERC recovers ings performance contracts; establish an tion from DOE, CBO assumes that the de- 100 percent of its costs through user fees, Electric Reliability Organization to manage partment would seek projects with a finan- such additional costs would be offset by an the reliability of the nation’s electricity sys- cial outlook similar to those of bonds rated equal change in fees that the commission tem; allow the Western Area and South- B- or better by companies such as Standard charges. Hence, these provisions would have western Power Administrations to accept up and Poor’s and Moody’s. Projects with this no net budgetary impact. to $100 million in financing from private rating typically have a cumulative default Other Provisions. The bill includes several sources for electricity transmission projects; risk of over 40 percent. Under those assump- provisions that would authorize various new make changes to federal programs related to tions, CBO estimates that loans guaranteed studies, reports, and activities related to en- oil and natural gas; and require the Rural under the bill would be likely to have a sub- ergy consumption and production. Those Utilities Service to change the terms of cer- sidy rate between 15 percent and 20 percent provisions would authorize federal agencies tain loans. and would cost $110 million over the 2006–2010 to: CBO estimates that enacting the bill also period. Establish new programs related to federal would increase direct spending by $728 mil- Electricity Regulations. Title XII would oil and natural gas resources; lion over the 2005–2010 period but would re- require the Federal Energy Regulatory Com- Authorize a direct loan to upgrade a non- duce direct spending by $591 million over the mission (FERC) to establish several new operational clean-coal technology plant in 2005–2015 period. CBO estimates that enact- rules for managing the nation’s electricity Alaska to a traditional coal-fired electricity ing the bill would increase net revenues by system and governing the business practices plant; $75 million in 2006 and would result in a net of the electricity industry. Such rules would Reorganize certain offices within DOE; and loss of revenues totaling $1.2 billion over the affect transmission services, construction Prepare several other studies and reports 2006–2010 period and $1 billion over the 2006– and siting permits for building new trans- on energy resources and efficiency. 2015 period. In addition, we estimate that mission lines, and the reliability of the na- Based on information from the agencies new civil penalties imposed by the bill would tion’s electricity transmission infrastruc- that would be responsible for implementing result in an increase in revenues of less than ture. The bill also would repeal the Public these provisions, CBO estimates that these $500,000 annually. TABLE 3.—ESTIMATED DIRECT SPENDING AND REVENUE EFFECTS ON THE ENERGY POLICY ACT OF 2005

By fiscal year in millions of dollars— 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

CHANGES IN DIRECT SPENDING Renewable Fuels Requirement and Agricultural Support Programs: Estimated Budget Authority ...... 0 0 ¥59 ¥164 ¥366 ¥569 ¥669 ¥697 ¥750 ¥768 ¥771 Estimated Outlays ...... 0 0 ¥59 ¥164 ¥366 ¥569 ¥669 ¥697 ¥750 ¥768 ¥771 Energy Savings Performance Contracts: Estimated Budget Authority ...... 0 0 301 307 314 320 327 334 341 348 355 Estimated Outlays ...... 0 0 256 306 313 319 326 333 340 347 354 Electric Reliability Organization: Estimated Budget Authority ...... 0 100 102 104 106 108 110 113 115 117 120 Estimated Outlays ...... 0 100 102 104 106 108 110 113 115 117 120 Financing of Federal Electricity Transmission Projects: Estimated Budget Authority ...... 0 0 50 0 50 0 0 0 0 0 0 Estimated Outlays ...... 0 0 10 20 30 20 20 0 0 0 0 Federal Oil and Natural Gas Programs: Estimated Budget Authority ...... 0 8 7 10 9 12 5 11 8 10 7 Estimated Outlays ...... 0 8 7 10 9 12 5 11 8 10 7 Assistance for Rural Communities with High Energy Costs: Estimated Budget Authority ...... 46 0 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... 46 0 0 0 0 0 0 0 0 0 0 Total Changes in Direct Spending Under the Energy Policy Act of 2005: Estimated Authorization Level ...... 46 108 401 257 113 ¥129 ¥227 ¥239 ¥286 ¥293 ¥289 Estimated Outlays ...... 46 108 316 276 92 ¥110 ¥208 ¥240 ¥287 ¥294 ¥290 CHANGES IN REVENUES 1 Renewable Fuels Requirement ...... 0 0 ¥64 ¥264 ¥509 ¥754 ¥262 0 0 0 0 Electric Reliability Organization—Fees Charged on Electricity Consumers ...... 0 75 77 78 80 81 83 84 86 87 89 Total Changes in Revenues Under the Energy Policy Act of 2005 ...... 0 75 13 ¥186 ¥429 ¥673 ¥179 84 86 87 89 1 Net of income and payroll tax offsets.

Renewable Fuels Requirement and Agricul- CBO expects that most of the fuel produced in 2007, and continue affecting revenues tural Support Programs. CBO estimates that to meet the requirements under the bill through part of 2011. Although ethanol use enacting section 204 would lower direct would be ethanol. Because ethanol is pri- would increase significantly under the bill, spending by about $4.8 billion over the next marily derived from corn, demand for corn the special tax treatment of ethanol fuels 10 years and lower revenues by about $1.9 bil- would rise with the requirement to use more under current law will expire at the end of ethanol. CBO expects that com prices would lion over the same period. calendar year 2010. Therefore, changes in increase up to 10 percent by the end of the Section 204 would require that motor fuels 2007–2015 period. Accordingly, the costs of ethanol use would not significantly affect sold by a refiner, blender, or importer con- federal programs to support farm prices and federal revenues after that time. tain specified amounts of renewable fuel. provide income support to agricultural pro- Energy Savings Performance Contracts The required volume of renewable fuel would ducers would fall over the 2007–2015 period. (ESPCs). The bill would provide authoriza- start at 4 billion gallons in 2006, escalate to CBO estimates that spending for farm price tion for the use of energy savings perform- 8 billion gallons for 2012, and increase there- and income supports would decline by about ance contracts through 2016. Under current after at the rate of growth in gasoline con- $4.8 billion over the 2007–2015 period. law, the authority to enter into such consumption. CBO expects that the use of re- Section 204 also would affect revenues. Be- newable fuels would be significantly affected cause ethanol-blended fuels are taxed at a tracts expires at the end of fiscal year 2006. starting in 2007, when the bill’s renewable lower rate than gasoline, receipts from taxes Overall, CBO estimates that entering into fuel requirement would exceed the amount of on motor fuels would change when ethanol ESPCs would increase direct spending by renewable fuel use CBO estimates under cur- use changes. CBO estimates that increased $256 million in 2007 and $2.9 billion over the rent law. ethanol use would reduce revenues starting 2005–2015 period.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12295 ESPCs enable federal agencies to enter and enforce the collection of fees charged by the assistance authorized by the bill. The into long-term contracts with an energy sav- the ERO. bill would require that the agency provide ings company (ESCO) for the acquisition of Based on information from the North such assistance through deferrals, exten- energy-efficient equipment, such as new win- American Electric Reliability Council sions, or reductions of loans. Currently, the dows, lighting, and heating, ventilation, and (NERC), CBO estimates that the newly six eligible borrowers have a total out- air-conditioning systems. Using such equip- formed ERO and its regional affiliates would standing principal of $57 million, at an aver- ment can reduce the energy costs for a facil- spend between $75 million and $150 million a age interest rate of about 3.5 percent. It is ity, and the savings from reduced utility year. For this estimate, CBO assumes that possible that the agency could decide to pro- payments can be used to pay the contractor spending by the ERO and its regional affili- vide zero-interest loans, or lengthen the for the equipment over time. Because the ates would start at $100 million a year and term of loans, thereby reducing payments government does not pay for the equipment increase by the rate of anticipated inflation. owed to the government. The legislation at the time it is acquired, the ESCO borrows Thus, we estimate that spending by the ERO would authorize the agency to forgive the money from a nonfederal lender to finance would total about $100 million in 2006 and full amount of the outstanding principal the acquisition and installation ofthe equip- $1.1 billion over the next 10 years. without recourse to the borrowers. CBO as- ment. When it signs the ESPC, the govern- Because the ERO and the regional organi- sumes that the cooperatives in the highest ment commits to paying for the full cost of zations created by it would be governmental distress areas would apply for loan forgive- the equipment as well as the interest costs in nature, CBO believes that the collection of ness and the remaining cooperatives would on the ESCO’s borrowing for the project. these fees should be recorded as revenues in apply to receive zero-interest loans. CBO es- Since the ESCO faces higher borrowing costs the budget. Based on information from timates that the net present value for all than the U.S. Treasury, total interest pay- NERC, CBO estimates that net revenues col- payments that would have been provided ments for the equipment acquisition will be lected by an ERO and its regional organiza- under current law results in a cost to the tions would total $75 million in 2006, $391 higher than if the government financed the government of $46 million, which would be million over the 2006–2010 period, and $820 acquisition of the equipment directly with recorded in 2005, the assumed year of enact- million over the 2006–2015 period. appropriated funds. Currently, the federal power marketing ad- ment. The obligation to make payments for the ministrations, including the Tennessee Val- Civil Penalties. The bill also could affect equipment and the financing costs is in- ley Authority and the Bonneville Power Ad- governmental receipts and direct spending curred when the government signs the ESPC. ministration, pay dues to the regional affili- by establishing and increasing certain civil Under current law, agencies can use ESPCs ates of NERC. We would expect that those and criminal penalties. CBO estimates that to acquire new energy-efficient equipment, payments would continue and would increase any resulting increase in receipts and spend- paying over a period of up to 25 years with- under the new regulatory scheme established ing would be less than $500,000 annually. out an appropriation for the full amount of by the ERO. Any increase in those fees would Such penalties would be established for vio- the purchase price. Thus, consistent with be offset by changes in the rates charged to lations of regulations relating to: Violations government accounting principles, CBO be- customers of the federal agencies. of the Price-Anderson Act, Nuclear safety at lieves that the budget should reflect that Financing of Federal Electricity Trans- nonprofit institutions, willful destruction of commitment as new obligations at the time mission Projects. The bill would authorize a nuclear facility, the reliability of the na- that an ESPC is signed and that the author- DOE’s Western Area and Southwestern tion’s electricity system, market trading of ity to enter into these contracts without Power Administrations to accept from pri- electricity, and the sale of renewable fuels. budget authority for the full amount of the vate entities up to $100 million to assist in Section 385 would raise the maximum civil purchase price constitutes direct spending. the design, development, construction, and and criminal penalty amounts imposed for CBO’s estimate of direct spending reflects operation of transmission projects that violations of the Natural Gas Act (NGA) and an amount equal to the cost of the energy would contribute to reducing congestion on the Natural Gas Policy Act of 1978. Currently conservation measures as installed, plus the existing electricity lines. Such financing the maximum amount FERC may assess var- portion of borrowing costs attributable to would be equivalent to incurring new federal ies depending on the violation, however, contract interest rates that exceed U.S. debt, and the spending of such borrowed most fall between $500 and $25,000 per viola- Treasury interest rates. (Borrowing costs amounts should be recorded in the budget as tion. The bill would increase those amounts equivalent to the amount of Treasury inter- direct spending. We estimate that such to as much as $1 million for violations of the est that would be paid if the equipment were spending would cost $10 million in 2007 and NGA. Based on information from FERC, CBO financed with appropriated funds are not $100 million over the 2007–2015 period. expects that the penalty increases and the counted against this authority, consistent Federal Oil and Natural Gas Programs. additional civil penalty authority would with the budget scorekeeping of regular in- Title III would make several changes to fed- serve as a significant deterrent so that firms terest costs associated with federal spending; eral programs related to the production of would very likely comply with the regula- that is, Treasury interest effects are not oil and natural gas. Several ofthese provi- tions, resulting in no significant effect on counted as a direct cost or savings to any sions would provide private producers of revenues. particular legislative provision.) those resources with various forms of roy- Intergovernmental and private-sector im- Since 1988, the Department of Energy esti- alty relief or other credits that would reduce pact: The bill contains numerous mandates mates that agencies have entered into federal receipts, particularly over the next as defined in UMRA that would affect both ESPCs valued over $800 million, $252 million few years. By creating incentives for greater intergovernmental and private-sector enti- of that in 2003 alone. CBO estimates that, be- production of oil and natural gas, CBO ex- ties. cause the federal building inventory is aging, pects that net receipts from royalties would CBO cannot determine the cost of all the those contracts would continue to be used— eventually increase under some of those pro- mandates in the bill because several of the over time at roughly the same rate as cur- visions, but not for several years. Based on requirements established by the bill would rently used—about $300 million in 2007 and information from DOl, CBO estimates that hinge on future regulatory action about increasing with anticipated inflation in each these provisions would result in a net loss of which information is not available. Though of the following years. Thus, we estimate offsetting receipts (a credit against direct CBO cannot estimate the cost of each man- that extending the authorization for ESPCs spending) totaling $8 million in 2006 and $87 date, we expect that the total cost of pri- would increase direct spending by $2.9 billion million over the next 10 years. vate-sector mandates in the bill would ex- over the 2007–2015 period. Assistance for Rural Communities with ceed the annual threshold established in Electric Reliability Organization. The bill High Energy Costs. Section 210 of the bill UMRA ($123 million in 2005, adjusted annu- would authorize the Federal Energy Regu- would require the Rural Utilities Service ally for inflation). That conclusion is based latory Commission (FERC) to exercise au- (RUS) to change the loan terms offered to el- on our analysis of the renewable fuels stand- thority over the reliability of the nation’s igible electric cooperatives in Alaska that ard, which would impose II substantial costs electricity transmission system through the currently have loans provided by that agen- on the motor fuels industry. establishment of an Electric Reliability Or- cy. The bill would require that the term of CBO estimates, however, that the total ganization (ERO). Under the bill, FERC loans be changed to reduce the electricity cost of complying with intergovernmental would select an organization to become the rates charged to customers. Under the Fed- mandates in the bill would not exceed the ERO based on several criteria, including the eral Credit Reform Act, the cost of a loan threshold established in UMRA ($62 million ability of the organization to charge fees to modification is the change in the subsidy in 2005, adjusted annually for inflation). The end users of the electricity system to cover cost of the loan (on a present value basis) be- bill also would authorize numerous grants its costs. CBO believes the ERO’s collections cause of the modified loan terms. CBO esti- and initiatives that would benefit state, and spending should be included in the fed- mates that the cost of this provision would local, and tribal governments; any costs eral budget because this new entity would be $46 million and would be recorded in 2005, those governments incur for these projects conduct inherently governmental activities the assumed year of enactment. and initiatives would result from complying that could not be undertaken by a purely Based on information from RUS, CBO esti- with conditions for receiving this federal as- private organization. FERC would approve mates that six utilities would be eligible for sistance.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12296 CONGRESSIONAL RECORD—SENATE June 13, 2005 Based on its review of the bill, CBO expects standards to maintain reliability. In that mandates under UMRA, CBO cannot deter- that the mandates contained in the bill’s ti- case, costs for users of the bulk power sys- mine if the language in this provision would tles lion renewable energy (title II), nuclear tem-that could otherwise elect to disregard extinguish the sellers’ rights before the energy (title VI), electricity (title XII), and NERC standards under current law—could Bankruptcy Court or would simply make energy efficiency (title I) would have the increase substantially. clear FERC’s jurisdiction over the termi- greatest impact on private-sector entities Mandatory Assessments. Section 1211 nation payments. and state and local governments. would direct the ERO to assess fees and dues Energy Efficiency (Title I) Renewable Energy (Title II)—Renewable to cover the costs of implementing and en- Energy Conservation. Section 135 would di- Fuels Standard forcing ERO standards. Although there is rect the Secretary of Energy to prescribe en- Section 204 would impose a private-sector some uncertainty as to how those fees would ergy conservation standards restricting mandate on domestic refiners, blenders, and be assessed, the most likely scenario is that ‘‘standby-mode’’ energy consumption of importers of gasoline by requiring that gaso- the ERO would assess fees on its members, household and commercial appliances. Ac- line sold or dispensed to consumers in the which is the current practice of NERC. As cording to industry sources and DOE, up to contiguous United States contains a min- NERC members include both public and pri- 9,000 types of household and commercial ap- imum volume of renewable fuels. The bill vate entities, such fees would constitute pliances could be affected by this provision, also II would establish a credit trading pro- intergovernmental and private-sector man- and further, many such products may re- gram for renewable fuels to allow producers dates as defined in UMRA. quire significant modification to meet the who use more ethanol than would be re- CBO estimates that the increment in fee standard for energy consumption in standby quired to sell credits to producers who would collections for the proposed compliance, mode. DOE has not yet determined how it be in deficit. Those credits could only be monitoring, ‘‘and enforcement activities would implement this provision. Therefore, used in the same year they are generated. under the bill would be about $50 million an- we cannot estimate the incremental cost to The required volume of renewable fuel would nually. Based on industry data, CBO assumes the industry of meeting such requirements. start at 4.0 billion gallons in 2006 and in- that roughly 80 percent to 85 percent of the If DOE applies standards to the majority of crease to 8.0 billion gallons by 2012. CBO ex- collections would be borne by the private products potentially affected, costs to indus- pects that the renewable fuels requirement sector and another 10 percent to 14 percent try could be substantial. The magnitude of would be met in 2006 without additional would be borne by state and local govern- the costs also depends on the stringency of costs to the industry. The industry would ment entities. The remainder would be paid new standards that would affect the appli- begin to experience additional costs in 2007 by federally owned entities. ance manufacturers. For example, the bill as it begins to blend or purchase greater Regulatory Fees. The bill would require would require DOE to apply new energy con- amounts of gasoline containing renewable FERC to assume certain regulatory proce- servation standards to certain furnaces. fuels than it would in the absence of a stand- dures that are currently under the jurisdic- Roughly three million oil, gas, and electric ard. Based on Department of Energy esti- tion of the Securities and Exchange Commis- furnaces would have to comply with the new mates of the price impacts of similar renew- sion. In addition, the bill would require standards. According to a DOE report, the able fuels standards on gasoline prices, CBO FERC to establish new rules for managing incremental costs to manufacturers of im- estimates that the direct costs of the renew- the nation’s electricity system and gov- proving energy efficiency could range from able fuel requirement on private-sector enti- erning the business practices of the elec- $5 to $175 per unit, depending on the level of ties would exceed UMRA’s annual threshold tricity industry. Under current law, FERC the standard that must be met. If DOE ap- for private-sector mandates. has the authority to collect fees from inves- plies relatively high efficiency standards to tor-owned utility companies to offset its the appliances covered under the bill, the in- Nuclear Matters (Title VI)—Increase in the costs. The duty to pay those fee increases cremental costs to the industry could be Annual Premium would impose a private-sector mandate on large, and thus could exceed UMRA’s thresh- Under current law, in the event that losses those entities. Based on information from old for private-sector mandates. from a nuclear incident exceed the required FERC, CBO expects that investor-owned util- In prescribing the energy conservation amount of private insurance, Nuclear Regu- ities would have to pay $11 million in 2006 standards required under sections 135 and 136 latory Commission licensees (both public and $47 million over the 2006–2010 period. for household appliances and consumer prod- and private) are assessed a charge to cover State Authority Over Electric Utilities. ucts, the Secretary would preempt state and the shortfall in damage coverage. Section 603 Section 1221 would preempt state authority local energy efficiency standards currently would increase the maximum annual pre- to take action to ensure the safety, ade- in place for those products and appliances. mium from $10 million to $15 million. CBO quacy, and reliability of electric service CBO estimates that no costs would result has determined that raising the maximum within that state if the state’s actions are from this preemption. Testing Requirements. Section 135 would annual premium would increase the costs of inconsistent with the federal reliability direct the Secretary of Energy to prescribe existing mandates and would thereby impose standards. This preemption of state author- energy efficiency testing requirements for both intergovernmental and private-sector ity would impose no additional costs on appliances specified in the bill and future ap- mandates under UMRA. Because the prob- state governments. pliances to be determined by the Secretary. ability of a nuclear accident resulting in Sections 1251, 1252, and 1254 would require The provision would require manufacturers losses exceeding the amount of private insur- state regulators to review the use of net me- ance coverage is low, CBO estimates that the of those appliances to have their appliances tering, time-based metering, demand-re- tested to determine energy efficiency rat- annual costs for public and private entities sponse systems, and interconnection services of complying with the mandates (in expected ings. The testing and rating would be con- before permitting electric utilities to imple- ducted by the DOE. CBO estimates that the value terms) would not be substantial over ment these federal standards. These sections the next five years. cost to comply with the mandate to have ap- contain intergovernmental mandates be- pliances tested would not be large. Electricity (Title XII) cause they would increase a state’s respon- Ban of Mercury Vapor Lamp Ballasts. Sec- Mandatory Reliability Standards. Section sibilities under the existing mandates in the tion 135 would prohibit the manufacturing 1211 would require users of the bulk-power Public Utilities Regulatory Policies Act. and importing of mercury vapor lamp bal- system to comply with standards issued by a However, CBO estimates that the states’ lasts after January 1, 2008. A ballast is an newly established Electric Reliability Orga- costs to review additional standards would electrical device for starting and regulating nization designated by the Federal Energy not be significant. fluorescent and certain other lamps. The Regulatory Commission. Those users include Jurisdiction over the Termination Pay- mercury vapor lamp ballast has been de- intergovernmental entities such as munici- ments of Certain Contracts. Section 1270 creasing in its share of the market for bal- pally owned utilities as well as private-sec- would grant the Federal Energy Regulatory lasts during the last 20 years. Moreover, ac- tor entities, including utilities, nonutility Commission exclusive jurisdiction to deter- cording to industry contacts, few, if any generators, and marketers. Currently, the mine whether the requirement to pay termi- mercury vapor lamp ballasts are imported North American Electric Reliability Council nation payments under certain contracts en- into the United States. The majority of such (NERC), a voluntary organization, promotes tered into between sellers and buyers of ballasts are manufactured in the United electricity reliability. According to several wholesale electricity was unjust and unrea- States for domestic use. According to indus- industry experts, almost all public and pri- sonable. These contracts are currently before try sources, mercury vapor lamp ballasts are vate-sector users of the bulk power system the Bankruptcy Court in the Southern Dis- now only manufactured for rural street voluntarily comply with standards issued by trict of New York. FERC has asserted juris- lights and residential floodlights. Based on NERC. The mandate would impose no signifi- diction over termination payments under information provided by industry and gov- cant additional costs in the short term rel- wholesale power contracts for periods a sell- ernment sources, the value of annual ship- ative to current practice since the ERO is er was found to be in violation of Commis- ments of such ballasts amounts to about $15 not expected to significantly change current sion orders. While legislative provisions that million. The cost of the mandate, measured standards. In the future, market conditions would severely limit or extinguish a person’s in lost net income to the industry, would be may prompt the ERO to impose stricter rights in court have been considered to be less than that amount.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12297 Energy Efficiency Resources Program. However, the estimate of state and local If you wish further details on this esti- Section 141 would require ratemaking au- mandates in this bill is not identical to the mate, we will be pleased to provide them. thorities for gas and electric utilities (instatement included in CBO’s cost estimate The CBO staff contact is Lisa Cash Driskill. cluding states, local municipalities, or co- for that earlier legislation. Section 1502 of Sincerely, ops) to either demonstrate that an energy ef- H.R. 6 is not included in this bill. That provi- DOUGLAS HOLTZ-EAKIN, ficiency resource program is in effect or to sion would shield manufacturers of motor Director. hold a public hearing regarding the benefits fuels and other persons from liability for f and feasibility of implementing an energy ef- claims based on defective product relating to ficiency resources program for electric and motor vehicle fuel containing methyl ter- OIL SPILL LIABILITY TRUST FUND gas utilities. CBO estimates no significant tiary butyl ether or renewable fuel. That MAINTENANCE ACT costs would result from this requirement. provision in H.R. 6 would impose an inter- Previous CBO estimates governmental mandate as it would limit ex- Mr. INOUYE. Mr. President, I am isting rights to seek compensation under very pleased to cosponsor this legisla- Federal budget effects current law. tion, the ‘‘Oil Spill Liability Trust On April 19, 2005, CBO transmitted a cost The state and local mandates in this bill Fund Maintenance Act’’, with my estimate for H.R. 1640, the Energy Policy Act that are the same as the mandates in H.R. 6 of 2005, as ordered reported by the House include the increase in the retrospective pre- friend and Commerce Committee Committee on Energy and Commerce on miums, the mandatory reliability standards Chairman, TED STEVENS, as well as my April 13, 2005. Like this legislation, H.R. 1640 and assessments, the state authority over other Senate colleagues. As most peo- would authorize appropriations for a wide electric utilities, and the energy conserva- ple know, after the terrible incident in- array of energy-related activities. Dif- tion provision. In contrast, section 141 of the volving the Exxon Valdez, Senator STE- ferences between the estimates of spending legislation was not included in H.R. 6. That VENS championed the passage of the Oil subject to appropriation under this bill and provision would require ratemaking authori- Pollution Act of 1990, OPA 90, as well ties for gas and electric utilities (including H.R. 1640 reflect differences in authorization as the mechanism for providing fund- levels, particularly for the Low-Income states, local municipalities, or co-ops) to ei- Home Energy Assistance Program and ac- ther demonstrate that an energy efficiency ing for the cleanup of oil spills. tivities related to science and coastal impact resource program is in effect or to hold a That mechanism, known as the Oil assistance. public hearing regarding the benefits and Spill Liability Trust Fund, is now in Like H.R. 1640, this legislation would au- feasibility of implementing an energy effi- danger. In a recent report to Congress, thorize FERC to establish an ERO to oversee ciency resources program for regulated and the United States Coast Guard pre- the nation’s electricity transmission system. nonregulated electric and gas utilities. CBO dicted that the Fund will run out of Both bills would authorize the new organiza- estimates that no significant costs would re- money before 2009. Given the recent tion to collect and spend fees (which would sult from this requirement. be classified as revenues). However, H.R. 1640 Regarding private-sector mandates, most spate of costly spills around the coun- would cap those fees at $50 million a year. of the mandates contained in the bill were try, it may run out sooner. We simply This legislation contains no such cap; there- also contained in the legislation considered cannot allow this to happen. The fund fore, our estimates of direct spending and in the House. H.R. 6 and H.R. 1640 contain a provides a critically important safety revenues related to the proposed ERO are mandate establishing a renewable fuel stand- net. It aids the cleanup of oil spills and higher than under H.R. 1640. ard for motor fuels, which would impose provides compensation to those CBO previously completed two cost esti- costs on refiners, importers, and blenders of gasoline similar to the one in the Renewable harmed, particularly where no respon- mates for bills that would permanently au- sible party is identified or the respon- thorize the use of ESPCs: H.R. 1640 and H.R. Fuels title of this bill. However, the renew- 1533, the Federal Energy Management Im- able fuels standard in the House bills would sible parties have insufficient re- provement Act of 2005. CBO transmitted a require the industry to use a lower yearly sources. cost estimate for H.R. 1533, as ordered re- level of renewable fuels than the standard Since the passage of OPA 90, we have ported by the House Committee on Govern- contained in this bill. In the case of the significantly reduced the number and ment Reform, on April 13, 2005. Provisions of House bills, CBO found that the motor fuels volume of oil spills in the U.S. Unfortu- industry would be able to meet the renew- this legislation and H.R. 1533 related to nately, thousands of gallons of oil con- ESPCs are similar; however, H.R. 1640 would able fuels requirement in the first five years that the mandate is in effect without signifi- tinue to be spilled into our waters cap total payments under ESPCs at $500 mil- every year, and the cost of cleanup has lion a year. Therefore, our estimate of spend- cant additional costs to the industry. The ing for ESPCs is lower under H.R. 1640 than House bills also contain a mandate that increased substantially. The amount of under this bill or H.R. 1533. Also, this bill would extend the existing requirement for li- oil carried by tank vessels to and with- would authorize the use of ESPCs through censees to pay fees to offset roughly 90 per- in the U.S. is predicted to increase. 2016. cent of the Nuclear Regulatory Commis- While we pray that we will never have Finally, on May 23, 2005, CBO transmitted sion’s annual appropriation. That provision another major oil spill, we must be a cost estimate for S. 606, the Reliable Fuels is not included in the bill. Estimate prepared by: Federal Costs: En- ready to respond if necessary. Act, as ordered reported by the Senate Com- ergy Savings Performance Contracts: Lisa The bill introduced today would rein- mittee on Environment and Public Works on Cash Driskill and David Newman; Oil and state an expired fee on oil companies of March 16, 2005. Like this legislation, S. 606 Natural Gas Resources: Lisa Cash Driskill would require that motor fuels sold by a re- 5 cents per barrel of oil. The fee, which and Megan Carroll; Indian Energy Programs: finer, blender, or importer contain specified ceased January 1, 1995, would increase Mike waters; EPA Provisions and Loan the maximum principal amount of the amounts of renewable fuel but with two key Guarantee for Ethanol Production: Susanne differences. First, the required level of re- Mehlman; Renewable Fuels Requirement and fund from $1 billion to $3 billion, and if newable fuels under this bill would be higher Agriculture Support Programs: David Hull; the fund drops below $2 billion, the fee than under S. 606. Second, S. 606 would allow All Other Federal Costs: Lisa Cash Driskill; would automatically be reinstated producers of motor fuels to accumulate eth- revenues: Annabelle Bartsch and Laura without the need for additional legisla- anol-use credits for exceeding the ethanol Hanlon; impact on state, local, and tribal tive action. Five cents a barrel trans- target in any year. Under S. 606, such credits governments: Lisa Ramirez-Branum; impact lates to approximately $0.0011 per gal- could be used in subsequent years to meet on the private sector: Craig Cammarata, the ethanol target. In contrast, this legisla- lon of gas—or one eighth of one cent— Jean Talarico, Selena Caldera and Paige and is worth about 3 cents per barrel in tion contains no such provision for use of Piper/Bach. credits over multiple years. As a result, CBO Estimate approved by: Peter H. Fontaine, 1990 dollars. This is substantially less expects that demand for corn-based ethanol Deputy Assistant Director for Budget Anal- than the original rate of 5 cents. under this bill would increase more than ysis; G. Thomas Woodward Assistant Direc- I urge my Senate colleagues to take under S. 606, leading to higher demand for tor for Tax Analysis. up this issue and pass this legislation corn and, subsequently, a larger decrease in UNE 9, 2005. without delay. federal spending to support farm prices and J Hon. PETE V. DOMENICI, provide income to farmers. f Chairman, Committee on Energy and Natural Mandates Resources, U.S. Senate, Washington, DC TAIWAN AND CHINA The bill includes many of the same state 20510 and local mandates as in H.R. 6, the Energy DEAR MR. CHAIRMAN: The Congressional Mr. CRAIG. Mr. President, in recent Policy Act of 2005, as approved by the House Budget Office has prepared the enclosed cost weeks Lien Chan of Taiwan undertook Committee on Resources on April 20, 2005. estimate for the Energy Policy Act of 2005. the task of meeting with key leaders in

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12298 CONGRESSIONAL RECORD—SENATE June 13, 2005 the People’s Republic of China. This PRESS COLUMNS ON JUDICIAL protection clauses empty vessels into which was no small task as the gulf between NOMINATIONS they can pour any meaning. This converts the two sides is much wider than the the clauses into simple transferences of pol- Mr. KYL. Mr. President, a column icy-making power from elected legislators to Strait of Formosa. published recently by Lino A. Graglia the justices, authorizing a Court majority to The substantive accomplishments of in the Wall Street Journal, and an- remove any policy issue from the ordinary Chairman Lien’s recent mission to other by Charles Krauthammer in the political process and assign it to themselves mainland China surely put to rest any Washington Post, frame particularly for decision. This fundamentally changes the accusations that the event was little system of government created by the Con- well the debate we are having in the stitution more than a symbolic gesture. In fact, Senate on judicial nominations. I ask The basic principles of the Constitution the practical results should have a very unanimous consent that these columns are representative democracy, federalism positive impact on cross-strait trade, be printed in the RECORD. and the separation of powers, which places tourism, and culture if momentum can There being no objection, the mate- all lawmaking power in an elected legisla- be maintained. rial was ordered to be printed in the ture with the judiciary merely applying the First and foremost, an essential law to individual cases. Undemocratic and RECORD, as follows: centralized lawmaking by the judiciary is mechanism of dialogue has been estab- [From the Wall Street Journal, May 24, 2005] the antithesis of the constitutional system. lished, overcoming obstacles of politics OUR CONSTITUTION FACES DEATH BY DUE The only justification for permitting and history. The precedent has been ‘‘PROCESS’’ judges to invalidate a policy choice made in the ordinary political process is that the set. Further talks between mainland (By Lino A. Graglia) choice is clearly prohibited by the Constitu- China and Taiwan should follow as a The battles in Congress over the appoint- matter of course, to address a range of tion—‘‘clearly,’’ because in a democracy the ment of even lower court federal judges re- judgment of elected legislators should pre- issues of mutual concern, provided veal a recognition that federal judges are vail in cases of doubt. Judicially enforced there is enough goodwill on both sides. now, to a large extent, our real lawmakers. constitutionalism raises the issue, as Jeffer- However, I think it is important to Proposals to amend the Constitution to re- son also pointed out, of rule of the living by note that these meetings did not in- move lifetime tenure for Supreme Court jus- the dead. But our problem is not constitu- clude elected officials of the Govern- tices, or to require that rulings of unconsti- tionalism but judicial activism—the invali- ment of Taiwan. Although these initial tutionality be by more than a majority (5–4) dation by judges of policy choices not clearly vote, do not address the source of the prob- talks were an important step, it is es- (and rarely even arguably) prohibited by the lem. The Constitution is very difficult to Constitution. We are being ruled not by the sential that future talks between Tai- amend—probably the most difficult of any dead but by judges all too much alive. wan and China include the rightly supposedly democratic government. If oppo- Because most of the Supreme Court’s ac- elected leaders of Taiwan for there to nents of rule by judges secure the political tivist rulings of unconstitutionality purport be any real substance and hope for power to obtain an amendment, it should be to be based on a 14th Amendment that it has change. one that addresses the problem at its source, deprived of specific meaning, the problem which is that contemporary constitutional can be very largely solved by simply restor- Second, it seems that certain basic ing the 14th Amendment to its original principles have been addressed that law has very little to do with the Constitu- tion. meaning, or by giving it any specific mean- should help Taipei and Beijing re-open Judge-made constitutional law is the prod- ing. The 14th Amendment was written after negotiations on an equal footing, even uct of judicial review—the power of judges to the Civil War to provide a national guar- though they still disagree on the mean- disallow policy choices made by other offi- antee of basic civil rights to blacks. If a con- ing of ‘‘one China’’ and what Taiwan’s cials of government, supposedly on the stitutional amendment could be adopted re- international status is. The basic con- ground that they are prohibited by the Con- confining the 14th Amendment to that pur- stitution. Thomas Jefferson warned that pose or, better still, expanding it to a gen- cept of ending hostility and promoting eral prohibition of all official racial dis- cooperation has been embraced. Both judges, always eager to expand their own jurisdiction, would ‘‘twist and shape’’ the Con- crimination, the Court’s free-hand remaking of domestic social policy for the nation sides believe it is a mistake to let stitution ‘‘as an artist shapes a ball of wax.’’ would largely come to an end. If the justices small details create a deadlock forever, This is exactly what has happened. lost the ability to invalidate state law on the and that is a key principle for progress. The Constitution is a very short document, basis of their political preferences, their easily printed on a dozen pages. The Framers Third, even people who insist that all ability and willingness to invalidate federal talk is meaningless unless it leads to wisely meant to preclude very few policy law on this basis would likely also diminish. policy changes should be able to admit choices that legislators, at least as com- Plato argued for government by philoso- that eliminating and/or reducing trade mitted to American principles of govern- pher-kings, but who could argue for a system ment as judges, would have occasion to of government by lawyer-kings? No one can barriers on farm products, like fruit, is make. a concrete achievement. Both sides argue openly that leaving the final decision The essential irrelevance of the Constitu- on issues of basic social policy to majority gain from such actions, and it sets a tion to contemporary constitutional law vote of nine lawyers—unelected and life- good example for further progress later should be clear enough from the fact that tenured, making policy decisions for the na- on down the road. the great majority of Supreme Court rulings tion as a whole from Washington, D.C.—is an Fourth, it is to be commended by any of unconstitutionality involve state, not fed- improvement on the democratic federalist free society when a tightly controlled eral, law; and nearly all of them purport to system created by the Constitution. Yet that country like mainland China agrees to be based on a single constitutional provision, is the form of government we now have. the 14th Amendment—in fact, on only four The claim that the Court’s rulings of un- negotiate to allow its people to tour a words in one sentence of the Amendment, constitutionality are mandates of the Con- democracy like Taiwan. Who knows ‘‘due process’’ and ‘‘equal protection.’’ The stitution, or anything more than policy pref- what the long-term implications may 14th Amendment has to a large extent be- erences of a majority of the justices, is false. be, when those who know few liberties come a second constitution, replacing the Rule by judges is in violation, not enforce- are one day allowed to visit and see for original. ment, of the Constitution. Ending it requires themselves what real freedom feels and It does not require jurisprudential sophis- nothing more complex than insistence that looks like. tication to realize that the justices do not the Court’s rulings of unconstitutionality decide controversial issues of social policy should be based on the Constitution—which Finally, even the most humorless by studying those four words. No question of assigns ‘‘All legislative Power’’ to Con- critics surely must admit that ‘‘panda interpretation is involved in any of the gress—in fact as well as name. bear diplomacy’’ still trumps political Court’s controversial constitutional rulings, stalemate and hostility. Critics can because there is nothing to interpret. The [From the Washington Post, June 10, 2005] call it symbolism, but even symbolism states did not lose the power to regulate FROM THOMAS, ORIGINAL VIEWS has definite practical value when it abortion in 1973 in Roe v. Wade because Jus- (By Charles Krauthammer) lifts spirits and relaxes tensions. tice Harry Blackmun discovered in the due Justice Thomas: ‘‘Dope is cool.’’ process clause of the 14th Amendment, History will record that this mission Justice Scalia: ‘‘Let the cancer patients adopted in 1868, the purported basis of the suffer.’’ was blessed with genuine substance as decision, something no one noticed before. If the headline writers characterized Su- well as great potential in building The problem is that the Supreme Court jus- preme Court decisions the way many sen- bridges where none existed before. tices have made the due process and equal ators and most activists and lobbying groups

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12299 do, that is how they would have character- Two years ago, Thomas (and Scalia and home state for years: access to quality ized the Supreme Court decision this week William Rehnquist) dissented from the healthcare and equitable reimburse- on the use of medical marijuana in Cali- court’s decision to invalidate a Texas law ment for travel expenses. My legisla- fornia. It was ruled illegal because the fed- that criminalized sodomy. Thomas explicitly tion will allow rural veterans who are eral law prohibiting it supersedes the state wrote, ‘‘If I were a member of the Texas Leg- enrolled in the VA to obtain health law permitting it. Scalia agreed with the de- islature, I would vote to repeal it.’’ However, cision. Thomas dissented. since he is a judge and not a legislator, he care at local medical facilities closer In our current, corrupted debates about could find no principled way to use a Con- to home or to travel to a VA facility the judges, you hear only about results. Pris- stitution that is silent on this issue to strike and recelve travel reimbursements at cilla Owen, we were told (by the Alliance for down the law. No matter. If Thomas were the same rate as Federal employees. Justice), ‘‘routinely backs corporations nominated tomorrow for chief justice you The veterans population is aging and against worker and consumer protections.’’ can be sure that some liberal activists would we are losing great men and women Well, in what circumstances? In adjudicating immediately issue a news release citing every day. Today, the GI’s who fought what claims? Under what constitutional doc- Thomas’s ‘‘hostility to homosexual rights.’’ trine? in Vietnam are reaching the age of re- And they will undoubtedly cite previous tirement and Medicare eligibility. It is The real question is never what judges de- commerce clause cases—Thomas joining the cide but how they decide it. The Scalia- therefore unfair to ask the VA to majority of the court in striking down the Thomas argument was not about concern for Gun Free School Zones Act and parts of the shoulder a cost that Medicare should cancer patients, the utility of medical mari- Violence Against Women Act—to show help pay for. Aging veterans are seek- juana or the latitude individuals should have Thomas’s ‘‘hostility to women’s rights and ing care at the VA because it is one of regarding what they ingest. the best care providers in the country. It was about what the Constitution’s com- gun-free schools.’’ merce clause permits and, even more ab- I hope President Bush nominates Thomas As I see it, the VA and Medicare need stractly, who decides what the commerce to succeed Rehnquist as chief justice, not to share this cost in order to provide clause permits. To simplify only slightly, just because honoring an originalist would excellent care to those who need it Antonin Scalia says: Supreme Court prece- be an important counterweight to the irre- most. dent. Clarence Thomas says: the Founders, sistible modern impulse to legislate from the In March, I met Major Tammy as best we can interpret their original in- bench but, perhaps more importantly, to ex- Duckworth, an Army pilot who lost tent. pose the idiocy of the attacks on Thomas that will inevitably be results-oriented: hos- both of her legs after a rocket pro- The Scalia opinion (concurring with the pelled grenade hit the Black Hawk hel- majority opinion) appeals to dozens of prece- tile toward women, opposed to gun-free dents over the past 70 years under which the schools . . . and pro-marijuana? icopter she was in while flying in the skies above Iraq. Although now a dou- commerce clause was vastly expanded to f allow the federal government to regulate ble amputee, she is determined to both what had, by the time of the New Deal, be- VETERANS HEALTHCARE AND walk and fly helicopters again. Major come a highly industrialized country with a EQUITABLE ACCESS ACT OF 2005 Duckworth has my full support, but highly nationalized economy. Mr. THUNE. Mr. President, today I needless to say her life has been Thomas’s dissent refuses to bow to such changed forever. That is why the legis- 20th-century innovations. While Scalia’s rise to speak on a matter of great im- opinion is studded with precedents, Thomas portance, the state of care received by lation I introduced would require that pulls out founding-era dictionaries (plus America’s veterans. On April 28. I a service member who has lost a limb Madison’s notes from the Constitutional proudly introduced the Veterans’ from a service-connected injury receive Convention, the Federalist Papers and the Healthcare and Equitable Access Act of a disability rating of not less than 50 ratification debates) to understand what the 2005, which will honor America’s vet- percent. This is our way of saying word commerce meant then. And it meant thank you and helping our veterans only ‘‘trade or exchange’’ (as distinct from erans with the dignity and respect they have earned. This legislation was in- achieve their dreams. manufacture) and not, as we use the term Some of the hardest hit victims of today, economic activity in general. By this spired by my work on the Senate Com- this war are not soldiers or veterans, understanding, the federal government had mittee on Veterans’ Affairs. I have had but survivors of the fallen. These brave no business whatsoever regulating privately the privilege to come face to face with men and women need our help. This and medicinally grown marijuana. real heroes, like injured veterans re- This is constitutional ‘‘originalism’’ in year I voted to extend survivor benefits turning from the battlefield and griev- pure form. Its attractiveness is that it im- from $12,000 to $100,000 and to extend ing survivors who proudly and bravely poses discipline on the courts. It gives them military housing privileges from 6 carry the memory of a fallen soldier a clear and empirically verifiable under- months to 1 year. To complete our sup- standing of constitutional text—a finite with them as they struggle to move on. port for survivors, my bill will extend boundary beyond which even judges with airs I have been moved by this experience must not go. childcare privileges for survivors from and I offered this bill to honor their 6 months to 2 years in any Federal And if conditions change and parts of the sacrifice and their struggles. originalist Constitution become obsolete, childcare program, giving surviving amend it. Democratically. We have added 17 The Veterans’ Healthcare and Equi- family members the help they need to amendments since the Bill of Rights. Amend- table Access Act of 2005 takes a com- grieve, heal, and move on from a pain- ing is not a job for judges. prehensive approach to fix some of the ful loss. The position represented by Scalia’s argu- major problems facing veterans today. Mr. President, legislation such as ment in this case is less ‘‘conservative.’’ It Since I was a member of the House of this is not without costs and it will re- recognizes that decades of precedent (which Representatives, I have supported man- might have, at first, taken constitutional quire the Senate to make difficult liberties) become so ingrained in the life of datory funding, and the legislation I choices. Sending troops into harm’s the country, and so accepted as part of the have introduced underscores that com- way is a difficult choice, even when understanding of the modern Constitution, mitment. The widening gap between that choice is clearly justifiable, like it that it is simply too revolutionary, too le- demand for care and funding is a prob- is in Iraq and Afghanistan. But taking gally and societally disruptive, to return to lem that must be faced head on and care of veterans and their families is an original understanding long abandoned. dealt with before it spirals out of con- not a difficult choice, it is one we must And there is yet another view. With Thom- trol. The Veterans’ Healthcare Eligi- as’s originalism at one end of the spectrum embrace. As General Omar Bradley and Scalia’s originalism tempered by prece- bility Act and the Veterans’ Millen- once said: ‘‘We are dealing with vet- dent—rolling originalism, as it were—in the nium Healthcare Care and Benefits Act erans, not procedure—with their prob- middle, there is a third notion, championed changed the nature of the VA, but did lems, not ours.’’ most explicitly by Justice Stephen Breyer, not change the manner in which the Scripture tells us there is a time for that the Constitution is a living document VA was funded. That is why I support everything, a time for peace and a time and that the role of the court is to interpret mandatory funding for veterans’ for war. America is facing a time of and reinterpret it continually in the light of healthcare, so the VA can finally pro- war, and we are fighting an evil and de- new ideas and new norms. This is what our debate about judges vide care to those who cared for us. termined enemy. We have to ensure should be about. Instead, it constantly de- This bill will also end another prob- that the men and women who are bear- generates into arguments about results. lem that has plagued veterans in my ing the burden of this war are cared for

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12300 CONGRESSIONAL RECORD—SENATE June 13, 2005 and are confident they can count on Kennebec was a bustling prairie town road’s route would not include the al- their government in their hour of need. full of diverse and eager residents. ready-established towns in the area. As I ask unanimous consent that this As years passed and the town flour- a result, a new town was created on the statement be entered into the RECORD ished, a number of businesses opened, homestead of Mr. C.C. Herron in order as if read. such as the hardware store operated by to service the Milwaukee Railroad. f Albert Williamson. In addition to run- This original town-site, located on the ning the hardware store, Williamson southwest quarter of Section 21, en- ADDITIONAL STATEMENTS also edited and printed the county compassed a mere eight blocks. How- newspaper known as the Prairie Sun. ever, several additions were made to this small city between 1905 and 1910 TRIBUTE TO THE NORTHERN KEN- Also around this time, Sam Abdnor with the help of the Milwaukee Land TUCKY UNIVERSITY WOMEN’S built and operated a store that survives Company. Today, the town is nearly SOFTBALL TEAM to this day as the Kennebec movie the- atre. Many of my colleagues will recog- one square mile in area. ∑ Mr. BUNNING. Mr. President, I pay nize the surname ‘‘Abdnor’’ and will re- Reliance’s early years proved to be tribute in the Senate to the Northern call that former U.S. Senator Jim incredibly prosperous. The Dirks Mer- Kentucky University Women’s Softball Abdnor hails from Kennebec. He served cantile Company, a two-story building Team for their remarkable season and admirably as Lt. Governor, in the U.S. used for general store business and recent participation in the NCAA Divi- House of Representatives for 8 years public gatherings, was a central part of sion II World Series. and in this body for an additional 6 life in the early years of this small The NKU was the No. 1 ranked team years, having never forgotten the com- city. An advertisement in the Lyman in the country and were the NCAA Di- munity of Kennebec or its people. County Record stated that Dirks Mer- vision II Great Lakes Regional In the town’s early days, there was cantile Company ‘‘would buy anything Champs. The team finished the most only a single doctor in Kennebec, and you wanted to sell and sell anything successful season in school history water had to be hauled by horse-drawn you wanted to buy.’’ with a 55–2 record. The 55 game win- wagons from wells over a mile and a Reliance grew rapidly and in less ning streak is the longest in collegiate half to the north of the community. All than a decade came to include two sa- softball history. other needs were met by the railroad, loons, two blacksmith shops, two The Commonwealth of Kentucky which delivered merchandise to the banks, two lumberyards, a livery barn, should be very proud of this team. stores and shops, as well as thousands three stores, two hardware stores, one Their example of hard work and deter- of tons of coal, which was required to creamery, three elevators, one harness ´ mination should be followed by all in heat homes in Kennebec during the shop, one cafe, and two hotels. Like many small agricultural com- the Commonwealth. I want my col- long winters. Not only did the railroad munities in the area, Reliance experi- leagues in the Senate to know of the allow imports into town, but it also enced a great deal of economic pros- pride that I have in representing these fostered the transport of Kennebec’s perity in the years after World War I. athletes and their families: Sarah main exports, which included cattle, Newland, Jamie Patton, Becky Napier, In 1918, the town became the first in sheep and hogs. Lyman County to provide a 4-year ac- Krystal Lewallen, Kara Lorenz, Ricki Kennebec had no electrical power Rothbauer, Heather Cotner, Stephanie credited high school. until 1914, when John Spotts of Ar- Today, Reliance is a popular fishing Leimbach, Michelle Logan, Angie mour, SD moved into town. Spotts spot thanks to the dam built by the Lindeman, Emily Breitholle, Jeni bought a track of land southeast of Works Project Administration (WPA) Schamp, Sarah King, Megan Owens, Kennebec and built a two-story brick during the 1930s. The dam was heavily Rachele Vogelpohl, and Sara Becker. building with a full size basement. The stocked with several species of fish and Congratulations to the members of upper floors provided a dance floor and provides sportsmen with the oppor- the team for their success. I also want silent movie theater for Kennebec resi- tunity to enjoy the recreational treas- to congratulate their coach, Kathy dents, while the basement served as the ures of South Dakota. Stewart, along with their peers, fac- first electric power plant in the town. While the small city of Reliance ulty, administrators, and parents for After a hundred years, Kennebec sup- boasted a population of 317 at its peak their support and sacrifices they’ve ports a population of over 280 citizens in 1920, the town has seen small de- made to help the NKU meet their and continues to modernize and im- clines in recent years, and is home to ∑ dreams and achieve their goals. prove itself in its role to serve the 206 residents today. Despite its small f farmers and ranchers throughout the size, in the years since its founding, region. Kennebec’s proud citizens cele- HONORING THE TOWN OF Reliance has proven its ability to brate their 100th anniversary on June KENNEBEC, SOUTH DAKOTA thrive and serve farmers and ranchers 18, 2005, and it is with great honor that throughout the region. The proud resi- ∑ Mr. JOHNSON. Mr. President, I wish I share with my colleagues the achieve- dents of Reliance will celebrate their today to honor and publicly recognize ments made by this great community.∑ vibrant history and the legacy of the the 100th anniversary of the founding f pioneer spirit to which our small cities of the town of Kennebec, SD. Kennebec HONORING THE CITY OF stand as a living shrine with its 100th has a strong sense of past and antici- anniversary on July 25, 2005.∑ pates a bright future. RELIANCE, SOUTH DAKOTA f Since 1924, Kennebec has been the ∑ Mr. JOHNSON. Mr. President, it is county seat for Lyman County, located with great honor that I publicly recog- HONORING THE TOWN OF PRESHO, in central South Dakota. Few people nize the 100th anniversary of the found- SOUTH DAKOTA lived in the area prior to the town’s es- ing of the city of Reliance, SD. It is at ∑ Mr. JOHNSON. Mr. President, it is a tablishment in 1905, as it was chal- this time that I would like to draw pleasure to honor and publicly recog- lenging to import the supplies nec- your attention to and commemorate nize the 100th anniversary of the found- essary to sustain a substantial popu- the achievements and history of this ing of the town of Presho, SD. As the lation. In 1905, however, railroad tracks charming city on the western prairie, 100th anniversary approaches, Presho were laid through the area, thus mak- which stands as an enduring tribute to looks back on a proud history and ing it significantly easier for residents the moral fortitude and pioneer spirit looks forward to a promising future. to build homes and other structures, of the earliest Dakotans. Named by the town’s first Post- since materials no longer needed to be Located in Lyman County in western master, Chris Hellekson, Presho is hauled in from surrounding towns and South Dakota, the original town-site of named for the extinct county in which cities. The railroad and influx of people Reliance was plotted in the summer of it was originally located, Presho Coun- mark the birth of Kennebec. By 1907, 1905 after officials decided the new rail- ty. Now located in Lyman County,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12301 Presho was platted in June of 1905 second career, Cam Neely brings joy to operative Agreement Handbook—Research when the Milwaukee Land Company families who need it most, while pro- Misconduct’’ (RIN2700–AD11) received on purchased a plot of land from Sidney F. viding a model of service to his count- June 3, 2005; to the Committee on Commerce, Hockersmith. On November 9, 1905, the less fans. Cam Neely is an American in Science, and Transportation. EC–2546. A communication from the Attor- Milwaukee Land Company divided the whom we can all be proud and who de- ney Advisor, Office of the Secretary, Depart- land into 16 lots and held a public auc- serves our recognition today for a ca- ment of Transportation, transmitting, pur- tion. Peter B. Dirks and E.M. Sedgwick reer that has been hall of fame in every suant to law, the report of a vacancy in the purchased the first lot for $500, and respect. ∑ position of Deputy Secretary, received on within eight minutes of completing the f June 3, 2005; to the Committee on Commerce, sale, Presho’s first bank was moved Science, and Transportation. onto the site, having already com- NORTHWESTERN UNIVERSITY EC–2547. A communication from the Attor- pleted its initial transaction while en WOMEN’S LACROSSE ney Advisor, Office of the Secretary, Depart- ∑ ment of Transportation, transmitting, pur- route. Mr. OBAMA. Mr. President, on May suant to law, the report of a vacancy in the Despite being only .7 square miles in 22, 2005, the women’s lacrosse team position of Assistant Secretary for Budget area, Presho drew an enormous popu- from Northwestern University cap- and Programs, received on June 3, 2005; to lation as newcomers took the Mil- tured the NCAA Division I champion- the Committee on Commerce, Science, and waukee Railroad as far west as it went. ship. This was the first championship Transportation. Until 1906, the westernmost point was for the Wildcats’ women’s lacrosse EC–2548. A communication from the Attor- Presho, SD. Once the railroad was ex- team and the first women’s lacrosse ney Advisor, Office of the Secretary, Depart- tended farther, however, Presho’s popu- champion to come from outside of the ment of Transportation, transmitting, pursuant to law, the report of a vacancy in the lation, which totaled 2,000 at its peak, eastern time zone. position of Administrator, received on June gradually decreased. Currently, about This championship also marks a 3, 2005; to the Committee on Commerce, 600 residents live in this flourishing milestone for Northwestern sports. It Science, and Transportation. community. is the first ever women’s team cham- EC–2549. A communication from the Attor- One of the town’s most notable his- pionship for the university and only ney Advisor, Office of the Secretary, Depart- toric events was its first Fourth of the second team championship in ment of Transportation, transmitting, pur- July celebration and auto race, which school history. The men’s fencing team suant to law, the report of a vacancy in the took place in 1906. In fact, it is thought was national champion in 1941. position of Assistant Secretary for Budget and Programs, received on June 3, 2005; to that this auto race is the first ever This talented and dedicated team the Committee on Commerce, Science, and held west of the Missouri River. At from the great State of Illinois secured Transportation. least 5,000 people were in attendance. the championship by defeating tradi- EC–2550. A communication from the Acting Mr. President, Presho’s proud resi- tional lacrosse powerhouses, Dart- White House Liaison, Technology Adminis- dents celebrate their community’s cen- mouth and Princeton. The Wildcats tration, Department of Commerce, transmit- tennial anniversary on July 4, 2005, and completed their undefeated, 21 win sea- ting, pursuant to law, the report of a va- it is with great honor that I share with son with a 13–10 victory over defending cancy in the position of Under Secretary for my colleagues the history of this great champion Virginia. Since regaining Technology, received on June 6, 2005; to the community. ∑ Committee on Commerce, Science, and varsity status in 2002, this outstanding Transportation. f program has taken only four seasons to EC–2551. A communication from the Acting CAM NEELY’S INDUCTION INTO capture the championship. White House Liaison, International Trade THE NHL HALL OF FAME Congratulations to Abby Bangser, Administration, Department of Commerce, Donna McCann, Sarah Albrecht, transmitting, pursuant to law, the report of ∑ Mr. KERRY. Mr. President, Cam Kristen Kjellman, Sara Crosby, Aly Jo- a vacancy in the position of Assistant Sec- Neely was recently inducted into the sephs, Kristen Boege, Ashley Koester, retary and Director General, received on Hockey Hall of Fame. That is the high- Courtney Koester, Hilary Alley, Ashley June 6, 2005; to the Committee on Commerce, Science, and Transportation. est honor for a professional athlete, Gersuk, Courtney Flynn, Christy but I believe it is appropriate for us to EC–2552. A communication from the Acting Finch, Lindsey Munday, Emily Lovett, White House Liaison, International Trade honor him in the Halls of Congress as Laura Glassanos, Shelby Chlopak, Administration, Department of Commerce, well. Cam Neely is a special citizen, Kaitie Lenahan, Lynda McCandlish, transmitting, pursuant to law, the report of one worthy of recognition and emu- Abby Alley, Sarah Walsh, Lindsay a vacancy in the position of Under Secretary lation. Finocchiaro, Jenny Bush, Fallon for International Trade, received on June 6, As a hockey player, Cam Neely was McGraw, Quinn Cammarota, Lindsay 2005; to the Committee on Commerce, unique. His rare combination of North, Meredith Philipp, Hannah Whit- Science, and Transportation. EC–2553. A communication from the Acting strength, size and skill made him dif- man, Rebecca Zazove, Annie Elliott, ficult to stop and feared by all oppo- White House Liaison, Office of the Deputy Bailey Su, Kate Darmody, Minnie Secretary, Department of Commerce, trans- nents. Whether fighting through pain Doherty, Kim Corcoran, Head Coach mitting, pursuant to law, the report of a va- or battles on the boards, Cam Neely’s Kelly Amonte Hiller, Assistant Coach cancy in the position of Deputy Secretary, play taught us the meaning of hard Alexis Venechanos, Assistant Coach received on June 6, 2005; to the Committee work and perseverance. His career may Danielle Shearer, and Assistant Coach on Commerce, Science, and Transportation. have been cut short by injury, but Scott Hiller. EC–2554. A communication from the Chief, there is no doubt that Cam Neely was Please join me in congratulating the Regulations and Administrative Law, U.S. Coast Guard, Department of Homeland Secu- one of the finest players to wear a Bos- Northwestern women’s lacrosse team ton Bruins uniform, and indeed one of rity, transmitting, pursuant to law, the re- on its historic championship season.∑ port of a rule entitled ‘‘Special Local Regu- the greatest ‘‘power forwards’’ ever to f lations (including 2 regulations): [CGD05–05– play the game. 051], [CGD05–05–052]’’ (RIN1625–AA08) re- Since hanging up his skates, Cam EXECUTIVE AND OTHER ceived on June 8, 2005; to the Committee on Neely has devoted his life to service. COMMUNICATIONS Commerce, Science, and Transportation. The Cam Neely Foundation has raised The following communications were EC–2555. A communication from the Chief, over $11 million in the last decade to laid before the Senate, together with Regulations and Administrative Law, U.S. help cancer patients and their families Coast Guard, Department of Homeland Secu- accompanying papers, reports, and doc- rity, transmitting, pursuant to law, the re- during treatment. Thousands of New uments, and were referred as indicated: England families have found hope dur- port of a rule entitled ‘‘Anchorage Grounds; EC–2545. A communication from the Assist- Anacortes General Anchorage and Cap Sante ing difficult times due to the gen- ant Administrator for Procurement, Na- and Hat Island Tug and Barge General An- erosity and hard work of Cam Neely. tional Aeronautics and Space Administra- chorages, Anacortes, WA’’ (RIN1625–AA01) In his first career, Cam Neely tion, transmitting, pursuant to law, the re- received on June 8, 2005; to the Committee brought us all the joy of victory. In his port of a rule entitled ‘‘NASA Grant and Co- on Commerce, Science, and Transportation.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12302 CONGRESSIONAL RECORD—SENATE June 13, 2005 EC–2556. A communication from the Chief, EC–2565. A communication from the Acting of proposed legislation entitled ‘‘Higher Edu- Regulations and Administrative Law, U.S. Director, National Marine Fisheries Service, cation Act Reform Amendments of 2005’’; to Coast Guard, Department of Homeland Secu- Department of Commerce, transmitting, pur- the Committee on Health, Education, Labor, rity, transmitting, pursuant to law, the re- suant to law, the report of a rule entitled and Pensions. port of a rule entitled ‘‘Drawbridge Oper- ‘‘Fisheries of the Exclusive Economic Zone EC–2575. A communication from the Polit- ation Regulations (including 3 regulations): Off Alaska; Yellowfin Sole in the Bering Sea ical Personnel and Advisory Communication [CGD01–05–006], [CGD01–05–034], [CGD01–05– and Aleutian Islands Management Area; Clo- Management Specialist, Department of 028]’’ (RIN1625–AA09) received on June 8, 2005; sure’’ (I.D. No. 051705F) received on June 8, Health and Human Services, transmitting, to the Committee on Commerce, Science, 2005; to the Committee on Commerce, pursuant to law, the report of a vacancy in and Transportation. Science, and Transportation. the position of Assistant Secretary for Legis- EC–2557. A communication from the Chief, EC–2566. A communication from the Dep- lation, received on June 8, 2005; to the Com- Regulations and Administrative Law, U.S. uty Assistant Administrator for Operations, mittee on Health, Education, Labor, and Coast Guard, Department of Homeland Secu- National Marine Fisheries Service, Depart- Pensions. rity, transmitting, pursuant to law, the re- ment of Commerce, transmitting, pursuant EC–2576. A communication from the Polit- port of a rule entitled ‘‘Regulated Naviga- to law, the report of a rule entitled ‘‘Magnu- ical Personnel and Advisory Communication tion Area, Security Zoned and Drawbridge son-Stevens Fishery Conservation and Man- Management Specialist, Department of Operation Regulations; Port Everglades, FL’’ agement Act Provisions; Fisheries of the Health and Human Services, transmitting, (RIN1625–AA11) received on June 8, 2005; to Northeastern United States; Spiny Dogfish pursuant to law, the report of a vacancy in the Committee on Commerce, Science, and Fishery’’ (RIN0648–AS24) received on June 8, the position of Assistant Secretary for Legis- Transportation. 2005; to the Committee on Commerce, lation, received on June 8, 2005; to the Com- EC–2558. A communication from the Chief, Science, and Transportation. mittee on Health, Education, Labor, and Regulations and Administrative Law, U.S. EC–2567. A communication from the Assist- Pensions. Coast Guard, Department of Homeland Secu- ant Administrator for Procurement, Na- EC–2577. A communication from the Direc- rity, transmitting, pursuant to law, the re- tional Aeronautics and Space Administra- tor, Office of Worker’s Compensation Pro- port of a rule entitled ‘‘Security Zone; Port- tion, transmitting, pursuant to law, the re- grams, Department of Labor, transmitting land Rose Festival on Willamette River’’ port of a rule entitled ‘‘Head of Contracting pursuant to law, the report of a rule entitled (RIN1625–AA87) received on June 8, 2005; to Activity (HCA) Change for Exploration Sys- ‘‘Performance of Functions; Claims for Com- the Committee on Commerce, Science, and tems Directorate’’ (48 CFR Part 1802) re- pensation Under the Energy Employees Oc- Transportation. ceived on June 3, 2005; to the Committee on cupational Illness Compensation Program EC–2559. A communication from the Chief, Commerce, Science, and Transportation. Act of 2000, as amended 20 CFR Parts 1 and Regulations and Administrative Law, U.S. EC–2568. A communication from the Assist- 30’’ (RIN1215–AB51) received on June 8, 2005; Coast Guard, Department of Homeland Secu- ant Chief, Regulations and Procedures Divi- to the Committee on Health, Education, rity, transmitting, pursuant to law, the re- sion, Alcohol and Tobacco Tax and Trade Bu- Labor, and Pensions. port of a rule entitled ‘‘Safety Zone (includ- reau, Department of the Treasury, transmit- EC–2578. A communication from the Sec- ing 2 regulations): [CGD09–05–016], [CGD09– ting, pursuant to law, the report of a rule en- retary of Health and Human Services, trans- 05–017]’’ (RIN1625–AA00) received on June 8, titled ‘‘Establishment of the Ribbon Ridge mitting, pursuant to law, a report entitled 2005; to the Committee on Commerce, Viticultural Area (2002R–215P)’’ (RIN1513– ‘‘Physician Referrals to Specialty Hos- Science, and Transportation. AA58) received on June 8, 2005; to the Com- pitals’’; to the Committee on Finance. EC–2560. A communication from the Chief, mittee on the Judiciary. EC–2579. A communication from the Sec- EC–2569. A communication from the Acting Regulations and Administrative Law, U.S. retary of Health and Human Services, trans- Assistant Secretary for Policy, Planning, Coast Guard, Department of Homeland Secu- mitting, pursuant to law, a report entitled and Preparedness, Department of Veterans rity, transmitting, pursuant to law, the re- ‘‘Finalizing Medicare Regulations under Sec- Affairs, transmitting, pursuant to law, a report of a rule entitled ‘‘Drawbridge Oper- tion 902 of the Medicare Prescription Drug, port relative to an inventory of commercial ation Regulation (including 4 regulations): Improvement, and Modernization Act of 2003 activities which are currently being per- [CGD08–05–030], [CGD07–05–044], [CGD08–05– (MMA) for Calendar Year 2004’’; to the Com- formed by Federal employees for calendar 035], [CGD08–05–036]’’ (RIN1625–AA09) re- mittee on Finance. year 2004; to the Committee on Veterans’ Af- ceived on June 8, 2005; to the Committee on EC–2580. A communication from the Fiscal fairs. Commerce, Science, and Transportation. EC–2570. A communication from the Sec- Assistant Secretary, Department of the EC–2561. A communication from the Attor- retary of Veterans Affairs, transmitting, the Treasury, transmitting, pursuant to law, the ney Advisor, Office of the Secretary, Depart- report of a draft bill entitled ‘‘To Amend annual reports of the Airport and Airway ment of Transportation, transmitting, pur- Title 38, United States Code, to Provide Au- Trust Fund, Aquatic Resources Trust Fund, suant to law, the report of a vacancy in the thority for the Secretary of Veterans Affairs Black Lung Disability Trust Fund, Harbor position of Assistant Secretary for Budget to Release Individually-identified Medical Maintenance Trust Fund, Hazardous Sub- and Programs, received on June 8, 2005; to Information to Assist in the Donation of Or- stance Superfund, Highway Trust Fund, In- the Committee on Commerce, Science, and gans, Tissue, and Eyes for the Purpose of land Waterways Trust Fund, Leaking Under- Transportation. Transplantation’’ received on June 8, 2005; to ground Storage Tank Trust Fund, Nuclear EC–2562. A communication from the Attor- the Committee on Veterans’ Affairs. Waste Fund, Oil Spill Liability Trust Fund, ney Advisor, Federal Railroad Administra- EC–2571. A communication from the Acting Reforestation Trust Fund, Uranium Enrich- tion, Department of Transportation, trans- Assistant Secretary for Legislative Affairs, ment Decontamination and Decommis- mitting, pursuant to law, the report of a va- Department of State, transmitting, pursuant sioning Fund, Vaccine Injury Compensation cancy in the position of Federal Railroad Ad- to the Arms Export Control Act, the certifi- Trust Fund, Wool Research, Development, ministrator, received on June 8, 2005; to the cation of a proposed license for the export of and Promotion Trust Fund located in the Committee on Commerce, Science, and defense articles or defense services sold com- March 2005 Treasury Bulletin; to the Com- Transportation. mercially under contract in the amount of mittee on Finance. EC–2563. A communication from the Under $100,000,000 or more to Greece; to the Com- EC–2581. A communication from the Acting Secretary and Director, Patent and Trade- mittee on Foreign Relations. Chief, Publications and Regulations, Inter- mark Office, Department of Commerce, EC–2572. A communication from the Sec- nal Revenue Service, Department of the transmitting, pursuant to law, the report of retary of Health and Human Services, trans- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Changes to the Practice for mitting, pursuant to law, a report entitled report of a rule entitled ‘‘Prevailing State Handling’’ (RIN0651–AB87) received on June ‘‘Second Biennial Report to the Congress on Assumed Interest Rates’’ (Rev. Rul. 2005–29) 8, 2005; to the Committee on Commerce, Evaluation, Research and Technical Assist- received on June 8, 2005; to the Committee Science, and Transportation. ance Activities Supported by the Promoting on Finance. EC–2564. A communication from the Assist- Safe and Stable Families Program’’; to the EC–2582. A communication from the Acting ant Administrator, National Marine Fish- Committee on Health, Education, Labor, and Chief, Publications and Regulations, Inter- eries Service, Department of Commerce, Pensions. nal Revenue Service, Department of the transmitting, pursuant to law, the report of EC–2573. A communication from the Sec- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Atlantic Highly Migratory retary of Health and Human Services, trans- report of a rule entitled ‘‘Section 146(f)—Ex- Species; Final Rule to Lift Trade Restrictive mitting, pursuant to law, a report on the tension of Time to Make a Carryforward Measures as Recommended at the 2004 Meet- Community Food and Nutrition Program Election of Unused Private Activity Bond ing of International Commission for the Con- (CFNP) for Fiscal Year 2001; to the Com- Volume Cap’’ (Rev. Proc. 2005–30) received on servation of Atlantic Tuna (ICCAT)’’ mittee on Health, Education, Labor, and June 8, 2005; to the Committee on Finance. ((RIN0648–AT05) (I.D. No. 021105C)) received Pensions. EC–2583. A communication from the Acting on June 8, 2005; to the Committee on Com- EC–2574. A communication from the Sec- Chief, Publications and Regulations, Inter- merce, Science, and Transportation. retary of Education, transmitting, a report nal Revenue Service, Department of the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12303 Treasury, transmitting, pursuant to law, the of Policy, Economics, and Innovation, Envi- AC10) received on June 8, 2005; to the Com- report of a rule entitled ‘‘Revenue Ruling: ronmental Protection Agency, transmitting, mittee on Agriculture, Nutrition, and For- Premium Stabilization Reserves’’ (Rev. Rul. pursuant to law, the report of a rule entitled estry. 2005–33) received on June 8, 2005; to the Com- ‘‘Prevention of Significant Deterioration EC–2603. A communication from the Acting mittee on Finance. (PSD) and Nonattainment New Source Re- Under Secretary of Defense, Comptroller, EC–2584. A communication from the Acting view (NSR): Routine Maintenance, Repair Department of Defense, transmitting, pursu- Chief, Publications and Regulations, Inter- and Replacement (RMRR) Equipment Re- ant to law, the report of a violation of the nal Revenue Service, Department of the placement Provision (ERP); Reconsider- Antideficiency Act, case number 02–01, rel- Treasury, transmitting, pursuant to law, the ation’’ (FRL No. 7923–3) received on June 8, ative to the Fort Bragg, North Carolina, report of a rule entitled ‘‘Section 1446 Regu- 2005; to the Committee on Environment and Public Works Business Center, Savannah lations (TD 9200)’’ (RIN1545–AY28, 1545–BD80) Public Works. District; to the Committee on Appropria- received on June 8, 2005; to the Committee EC–2594. A communication from the Prin- tions. on Finance. cipal Deputy Associate Administrator, Office f EC–2585. A communication from the Acting of Policy, Economics, and Innovation, Envi- Chief, Publications and Regulations, Inter- ronmental Protection Agency, transmitting, REPORTS OF COMMITTEES nal Revenue Service, Department of the pursuant to law, the report of a rule entitled The following reports of committees Treasury, transmitting, pursuant to law, the ‘‘Test Procedures for Testing Highway and were submitted: report of a rule entitled ‘‘Weighted Average Nonroad Engines and Omnibus Technical Interest Rate Update Notice—Pension Fund- Amendments’’ (FRL No. 7922–5) received on By Mr. DOMENICI, from the Committee on ing Equity Act of 2004’’ (Notice 2005–46) re- June 8, 2005; to the Committee on Environ- Energy and Natural Resources: Special Report entitled ‘‘History, Jurisdic- ceived on June 8, 2005; to the Committee on ment and Public Works. tion, and a Summary of Activities of the Finance. EC–2595. A communication from the Assist- Committee on Energy and Natural Resources EC–2586. A communication from the Acting ant Secretary of Defense, Health Affairs, De- During the 108th Congress’’ (Rept. No. 109– Chief, Publications and Regulations, Inter- partment of Defense, transmitting, pursuant 81). nal Revenue Service, Department of the to law, a report entitled ‘‘Expanding Access By Mr. SPECTER, from the Committee on Treasury, transmitting, pursuant to law, the to Mental Health Counselors: Evaluation of report of a rule entitled ‘‘Estate of Mitchell the Judiciary, without amendment: the TRICARE Demonstration’’; to the Com- S. 1181. A bill to ensure an open and delib- v. Commissioner, 250 F. 3d 696 (9th Cir. 2001). mittee on Armed Services. aff’g in part, rev’g in part, and remanding erate process in Congress by providing that EC–2596. A communication from the Direc- any future legislation to establish a new ex- T.C. Memo 1997–461; on remand, T.C. Memo. tor, Office of Management and Budget, Exec- 2002–98’’ (AOD 2005–23) received on June 8, emption to section 552 of title 5, United utive Office of the President, transmitting, States Code (commonly referred to as the 2005; to the Committee on Finance. pursuant to law, a report relative to the esti- EC–2587. A communication from the Under Freedom of Information Act) be stated ex- mated costs in future fiscal years for certain plicitly within the text of the bill. Secretary, Emergency Preparedness and Re- military operations in and around Iraq and sponse, Federal Emergency Management Afghanistan and estimated costs over an un- f Agency, transmitting, pursuant to law, a re- specified period for reconstruction, internal port that funding for the State of Con- INTRODUCTION OF BILLS AND security, and related economic support to JOINT RESOLUTIONS necticut as a result of the record snow on Iraq and Afghanistan; to the Committee on January 22–23, 2005, has exceeded $5,000,000; Armed Services. The following bills and joint resolu- to the Committee on Banking Housing, and EC–2597. A communication from the Prin- tions were introduced, read the first Urban Affairs. cipal Deputy, Office of the Under Secretary EC–2588. A communication from the Dep- and second times by unanimous con- of Defense for Personnel and Readiness, De- uty General Counsel for Equal Opportunity sent, and referred as indicated: partment of Defense, transmitting, pursuant and Administrative Law, Department of By Ms. COLLINS (for herself and Ms. to law, a list of officers authorized to wear Housing and Urban Development, transmit- LANDRIEU): the insignia of brigadier general; to the Com- ting, pursuant to law, the report of a va- S. 1225. A bill to expand access to afford- mittee on Armed Services. cancy in the position of Assistant Secretary able health care and to strengthen the EC–2598. A communication from the Under for Public and Indian Housing, received on health care safety net and make health care Secretary of Defense, Personnel and Readi- June 8, 2005; to the Committee on Banking, services more available in rural and under- ness, Department of Defense, transmitting, Housing, and Urban Affairs. served areas; to the Committee on Finance. the report of a retirement; to the Committee EC–2589. A communication from the Assist- By Mr. AKAKA: ant to the Board of Governors of the Federal on Armed Services. S. 1226. A bill to provide jurisdiction over Reserve System, transmitting, pursuant to EC–2599. A communication from the Direc- Federal contractors who engage in human law, the report of a rule entitled ‘‘Fair Cred- tor, Defense Procurement and Acquisition trafficking offenses; to the Committee on it Reporting Medical Information Regula- Policy, Department of Defense, transmit- the Judiciary. tions’’ (RIN1557–AC85) received on June 6, ting, pursuant to law, the report of a rule en- By Ms. STABENOW (for herself and titled ‘‘Incentive Program for Purchase of 2005; to the Committee on Banking, Housing, Ms. SNOWE): and Urban Affairs. Capital Assets Manufactured in the United S. 1227. A bill to improve quality in health EC–2590. A communication from the Direc- States’’ (DFARS Case 2005–D003) received on care by providing incentives for adoption of tor, Office of Management and Budget, Exec- June 8, 2005; to the Committee on Armed modern information technology; to the Com- utive Office of the President, transmitting, Services. mittee on Finance. the report of proposed legislation entitled EC–2600. A communication from the Direc- By Ms. CANTWELL: ‘‘Financial Transparency and Accountability tor, Defense Procurement and Acquisition S. 1228. A bill to amend the Higher Edu- Act of 2005’’; to the Committee on Environ- Policy, Department of Defense, transmit- cation Act of 1965 to modify the computation ment and Public Works. ting, pursuant to law, the report of a rule en- of eligibility for certain Federal Pell Grants, EC–2591. A communication from the Ad- titled ‘‘DoD Pilot Mentor-Protege Program’’ and for other purposes; to the Committee on ministrator of the General Services Adminis- (DFARS Case 2004–D028) received on June 8, Health, Education, Labor, and Pensions. tration, transmitting, pursuant to law, an 2005; to the Committee on Armed Services. By Mr. REID (for himself, Mrs. FEIN- informational copy of an alterations in EC–2601. A communication from the Direc- STEIN, Ms. CANTWELL, Ms. SNOWE, Mr. leased space prospectus for the James L. tor, Defense Procurement and Acquisition JEFFORDS, Mr. LIEBERMAN, and Mr. King Federal Building in Miami FL; to the Policy, Department of Defense, transmit- KERRY): Committee on Environment and Public ting, pursuant to law, the report of a rule en- S. 1229. A bill to amend the Internal Rev- Works. titled ‘‘Approval of Service Contracts and enue Code of 1986 to extend, modify, and ex- EC–2592. A communication from the Prin- Task and Delivery Orders’’ (DFARS Case pand the credit for electricity produced from cipal Deputy Associate Administrator, Office 2002–D024) received on June 8, 2005; to the renewable resources and waste products, and of Policy, Economics, and Innovation, Envi- Committee on Armed Services. for other purposes; to the Committee on Fi- ronmental Protection Agency, transmitting, EC–2602. A communication from the Regu- nance. pursuant to law, the report of a rule entitled latory Officer, Directives and Regulations f ‘‘Texas Final Authorization of Hazardous Branch, Forest Service, Department of Agri- Waste Management Program Revisions’’ culture, transmitting, pursuant to law, the SUBMISSION OF CONCURRENT AND (FRL No. 7924–1) received on June 8, 2005; to report of a rule entitled ‘‘Special Areas; SENATE RESOLUTIONS the Committee on Environment and Public State Petitions for Inventoried Roadless Works. Area Conservation; Roadless Area Conserva- The following concurrent resolutions EC–2593. A communication from the Prin- tion National Advisory Committee (Final and Senate resolutions were read, and cipal Deputy Associate Administrator, Office Rule and Notice, 36 CFR Part 294)’’ (RIN0596– referred (or acted upon), as indicated:

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12304 CONGRESSIONAL RECORD—SENATE June 13, 2005

By Mr. FRIST (for himself, Mr. GRASS- BENNETT) was added as a cosponsor of health care coverage to retired mem- LEY, and Mr. BAUCUS): S. 52, a bill to direct the Secretary of bers of the uniformed services, and for S. Res. 168. A resolution expressing grati- the Interior to convey a parcel of real other purposes. tude and sincere respect for Jesse R. Nichols; considered and agreed to. property to Beaver County, Utah. S. 408 By Mr. SANTORUM (for himself and S. 54 At the request of Mr. DEWINE, the Mr. ENSIGN): At the request of Mr. HATCH, the names of the Senator from Maryland S. Res. 169. A resolution expressing the name of the Senator from Utah (Mr. (Ms. MIKULSKI) and the Senator from sense of the Senate with respect to free trade BENNETT) was added as a cosponsor of Oregon (Mr. SMITH) were added as co- negotiations that could adversely impact consumers of sugar in the United States as S. 54, a bill to amend the National sponsors of S. 408, a bill to provide for well as United States agriculture and the Trails System Act to require the Sec- programs and activities with respect to broader economy of the United States; to the retary of the Interior to update the fea- the prevention of underage drinking. Committee on Finance. sibility and suitability studies of four S. 419 By Mr. FRIST (for himself, Mr. REID, national historic trails, and for other At the request of Mr. KYL, the name Mr. HAGEL, Mr. NELSON of Nebraska, purposes. of the Senator from Utah (Mr. HATCH) Mr. AKAKA, Mr. ALEXANDER, Mr. S. 58 was added as a cosponsor of S. 419, a ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. bill to amend the Internal Revenue BAYH, Mr. BENNETT, Mr. BIDEN, Mr. At the request of Mr. INOUYE, the BINGAMAN, Mr. BOND, Mrs. BOXER, names of the Senator from Wisconsin Code of 1986 to modify the treatment of Mr. BROWNBACK, Mr. BUNNING, Mr. (Mr. FEINGOLD) and the Senator from qualified restaurant property as 15- BURNS, Mr. BURR, Mr. BYRD, Ms. Maine (Ms. SNOWE) were added as co- year property for purposes of the depre- CANTWELL, Mr. CARPER, Mr. CHAFEE, sponsors of S. 58, a bill to amend title ciation deduction. Mr. CHAMBLISS, Mrs. CLINTON, Mr. 10, United States Code, to permit S. 484 COBURN, Mr. COCHRAN, Mr. COLEMAN, former members of the Armed Forces At the request of Mr. WARNER, the Ms. COLLINS, Mr. CONRAD, Mr. COR- name of the Senator from Nebraska NYN, Mr. CORZINE, Mr. CRAIG, Mr. who have a service-connected dis- CRAPO, Mr. DAYTON, Mr. DEMINT, Mr. ability rated as total to travel on mili- (Mr. HAGEL) was added as a cosponsor DEWINE, Mr. DODD, Mrs. DOLE, Mr. tary aircraft in the same manner and of S. 484, a bill to amend the Internal DOMENICI, Mr. DORGAN, Mr. DURBIN, to the same extent as retired members Revenue Code of 1986 to allow Federal Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, of the Armed Forces are entitled to civilian and military retirees to pay Mrs. FEINSTEIN, Mr. GRAHAM, Mr. travel on such aircraft. health insurance premiums on a pretax GRASSLEY, Mr. GREGG, Mr. HARKIN, S. 65 basis and to allow a deduction for Mr. HATCH, Mrs. HUTCHISON, Mr. TRICARE supplemental premiums. INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. At the request of Mr. INHOFE, the S. 558 JEFFORDS, Mr. JOHNSON, Mr. KEN- name of the Senator from Wyoming NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, (Mr. ENZI) was added as a cosponsor of At the request of Mr. REID, the name Ms. LANDRIEU, Mr. LAUTENBERG, Mr. S. 65, a bill to amend the age restric- of the Senator from Kansas (Mr. ROB- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, tions for pilots. ERTS) was added as a cosponsor of S. Mrs. LINCOLN, Mr. LOTT, Mr. LUGAR, S. 217 558, a bill to amend title 10, United Mr. MARTINEZ, Mr. MCCAIN, Mr. States Code, to permit certain addi- At the request of Mr. BINGAMAN, the MCCONNELL, Ms. MIKULSKI, Ms. MUR- tional retired members of the Armed KOWSKI, Mrs. MURRAY, Mr. NELSON of name of the Senator from Wyoming Forces who have a service-connected Florida, Mr. OBAMA, Mr. PRYOR, Mr. (Mr. ENZI) was added as a cosponsor of disability to receive both disability REED, Mr. ROBERTS, Mr. ROCKE- S. 217, a bill to amend title 49, United compensation from the Department of FELLER, Mr. SALAZAR, Mr. SANTORUM, States Code, to preserve the essential Veterans Affairs for their disability Mr. SARBANES, Mr. SCHUMER, Mr. air service program. SESSIONS, Mr. SHELBY, Mr. SMITH, and either retired pay by reason of S. 223 Ms. SNOWE, Mr. SPECTER, Ms. STABE- their years of military service or Com- NOW, Mr. STEVENS, Mr. SUNUNU, Mr. At the request of Mr. HARKIN, the bat-Related Special compensation and TALENT, Mr. THOMAS, Mr. THUNE, Mr. name of the Senator from New Jersey to eliminate the phase-in period under VITTER, Mr. VOINOVICH, Mr. WARNER, (Mr. CORZINE) was added as a cosponsor current law with respect to such con- and Mr. WYDEN): of S. 223, a bill to amend the Fair current receipt. S. Res. 170. A resolution relative to the Labor Standards Act of 1938 to repeal death of J. James Exon, former United S. 604 any weakening of overtime protections States Senator for the State of Nebraska; At the request of Mr. CRAIG, the considered and agreed to. and to avoid future loss of overtime names of the Senator from Nevada (Mr. protections due to inflation. f ENSIGN) and the Senator from Mis- S. 331 ADDITIONAL COSPONSORS sissippi (Mr. COCHRAN) were added as At the request of Mr. JOHNSON, the cosponsors of S. 604, a bill to amend S. 37 name of the Senator from Maine (Ms. title XVIII of the Social Security Act At the request of Mrs. HUTCHISON, the SNOWE) was added as a cosponsor of S. to authorize expansion of medicare names of the Senator from Mississippi 331, a bill to amend title 38, United coverage of medical nutrition therapy (Mr. LOTT), the Senator from Pennsyl- States Code, to provide for an assured services. vania (Mr. SANTORUM) and the Senator adequate level of funding for veterans S. 611 from Nebraska (Mr. HAGEL) were added health care. as cosponsors of S. 37, a bill to extend At the request of Ms. COLLINS, the S. 392 the special postage stamp for breast name of the Senator from Mississippi cancer research for 2 years. At the request of Mr. LEVIN, the (Mr. COCHRAN) was added as a cospon- At the request of Mrs. FEINSTEIN, the name of the Senator from Nebraska sor of S. 611, a bill to establish a Fed- names of the Senator from Louisiana (Mr. HAGEL) was added as a cosponsor eral Interagency Committee on Emer- (Mr. VITTER), the Senator from Wash- of S. 392, a bill to authorize the Presi- gency Medical Services and a Federal ington (Ms. CANTWELL), the Senator dent to award a gold medal on behalf of Interagency Committee on emergency from Indiana (Mr. BAYH), the Senator Congress, collectively, to the Tuskegee Medical Services Advisory Council, and from Nevada (Mr. ENSIGN), the Senator Airmen in recognition of their unique for other purposes. from Vermont (Mr. JEFFORDS) and the military record, which inspired revolu- S. 621 Senator from Louisiana (Ms. LAN- tionary reform in the Armed Forces. At the request of Mr. CONRAD, the DRIEU) were added as cosponsors of S. S. 407 name of the Senator from Utah (Mr. 37, supra. At the request of Mr. JOHNSON, the HATCH) was added as a cosponsor of S. S. 52 name of the Senator from North Da- 621, a bill to amend the Internal Rev- At the request of Mr. HATCH, the kota (Mr. DORGAN) was added as a co- enue Code of 1986 to permanently ex- name of the Senator from Utah (Mr. sponsor of S. 407, a bill to restore tend the 15-year recovery period for the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12305

depreciation of certain leasehold im- (Mrs. MURRAY) was added as a cospon- ginia (Mr. ROCKEFELLER) was added as provements. sor of S. 911, a bill to amend title XVIII a cosponsor of S. 1120, a bill to reduce S. 623 of the Social Security Act to provide hunger in the United States by half by At the request of Mr. HATCH, the for reimbursement of certified midwife 2010, and for other purposes. name of the Senator from Utah (Mr. services and to provide for more equi- S. 1159 BENNETT) was added as a cosponsor of table reimbursement rates for certified At the request of Mr. HATCH, the S. 623, a bill to direct the Secretary of nurse-midwife services. name of the Senator from Kentucky Interior to convey certain land held in S. 962 (Mr. BUNNING) was added as a cosponsor trust for the Paiute Indian Tribe of At the request of Mr. BAUCUS, the of S. 1159, a bill to amend the Internal Utah to the City of Richfield, Utah, name of the Senator from North Da- Revenue Code of 1986 to permanently and for other purposes. kota (Mr. DORGAN) was added as a co- extend the subpart F exemption for ac- S. 627 sponsor of S. 962, a bill to amend the tive financing. At the request of Mr. HATCH, the Internal Revenue Code of 1986 to allow S. 1179 names of the Senator from Wyoming a credit to holders of qualified bonds At the request of Mr. KENNEDY, the (Mr. ENZI), the Senator from South issued to finance certain energy names of the Senator from Michigan Carolina (Mr. GRAHAM) and the Senator projects, and for other purposes. (Mr. LEVIN), the Senator from Lou- from Pennsylvania (Mr. SANTORUM) S. 971 isiana (Ms. LANDRIEU), the Senator were added as cosponsors of S. 627, a At the request of Mr. HATCH, the from New Jersey (Mr. CORZINE) and the bill to amend the Internal Revenue name of the Senator from North Da- Senator from Minnesota (Mr. DAYTON) Code of 1986 to permanently extend the kota (Mr. DORGAN) was added as a co- were added as cosponsors of S. 1179, a research credit, to increase the rates of sponsor of S. 971, a bill to amend the bill to amend title XVIII of the Social the alternative incremental credit, and Internal Revenue Code of 1986 to en- Security Act to ensure that benefits to provide an alternative simplified courage and accelerate the nationwide under part D of such title have no im- credit for qualified research expenses. production, retail sale, and consumer pact on benefits under other Federal programs. S. 705 use of new motor vehicles that are S. 1180 At the request of Mr. SARBANES, the powered by fuel cell technology, hybrid name of the Senator from Pennsyl- technology, battery electric tech- At the request of Mr. OBAMA, the nology, alternative fuels, or other ad- vania (Mr. SANTORUM) was added as a name of the Senator from South Da- cosponsor of S. 705, a bill to establish vanced motor vehicle technologies, and kota (Mr. JOHNSON) was added as a co- the Interagency Council on Meeting for other purposes. sponsor of S. 1180, a bill to amend title the Housing and Service Needs of Sen- S. 1049 38, United States Code, to reauthorize iors, and for other purposes. At the request of Mr. FRIST, the various programs servicing the needs of name of the Senator from Missouri homeless veterans for fiscal years 2007 S. 768 (Mr. TALENT) was added as a cosponsor through 2011, and for other purposes. At the request of Mr. NELSON of Flor- of S. 1049, a bill to amend title XXI of S. 1181 ida, the name of the Senator from the Social Security Act to provide At the request of Mr. CORNYN, the North Dakota (Mr. DORGAN) was added grants to promote innovative outreach name of the Senator from Pennsyl- as a cosponsor of S. 768, a bill to pro- and enrollment under the medicaid and vania (Mr. SPECTER) was added as a co- vide for comprehensive identity theft State children’s health insurance pro- sponsor of S. 1181, a bill to ensure an prevention. grams, and for other purposes. open and deliberate process in Congress S. 776 S. 1064 by providing that any future legisla- At the request of Mr. JOHNSON, the At the request of Mr. COCHRAN, the tion to establish a new exemption to names of the Senator from Maine (Ms. name of the Senator from California section 552 of title 5, United States SNOWE) and the Senator from Maine (Mrs. BOXER) was added as a cosponsor Code (commonly referred to as the (Ms. COLLINS) were added as cosponsors of S. 1064, a bill to amend the Public Freedom of Information Act) be stated of S. 776, a bill to designate certain Health Service Act to improve stroke explicitly within the text of the bill. functions performed at flight service prevention, diagnosis, treatment, and S. 1191 stations of the Federal Aviation Ad- rehabilitation. At the request of Mr. SALAZAR, the ministration as inherently govern- S. 1086 name of the Senator from Maine (Ms. mental functions, and for other pur- At the request of Mr. HATCH, the COLLINS) was added as a cosponsor of S. poses. names of the Senator from Alaska (Mr. 1191, a bill to establish a grant program S. 828 STEVENS) and the Senator from New to provide innovative transportation At the request of Mr. HARKIN, the York (Mrs. CLINTON) were added as co- options to veterans in remote rural name of the Senator from California sponsors of S. 1086, a bill to improve areas. (Mrs. BOXER) was added as a cosponsor the national program to register and S. 1197 of S. 828, a bill to enhance and further monitor individuals who commit At the request of Mr. BIDEN, the research into paralysis and to improve crimes against children or sex offenses. name of the Senator from Indiana (Mr. rehabilitation and the quality of life S. 1112 BAYH) was added as a cosponsor of S. for persons living with paralysis and At the request of Mr. GRASSLEY, the 1197, a bill to reauthorize the Violence other physical disabilities, and for names of the Senator from Maryland Against Women Act of 1994. other purposes. (Ms. MIKULSKI) and the Senator from S. 1200 S. 875 Alabama (Mr. SESSIONS) were added as At the request of Mr. BUNNING, the At the request of Mr. BINGAMAN, the cosponsors of S. 1112, a bill to make name of the Senator from Alabama name of the Senator from Florida (Mr. permanent the enhanced educational (Mr. SESSIONS) was added as a cospon- NELSON) was added as a cosponsor of S. savings provisions for qualified tuition sor of S. 1200, a bill to amend the Inter- 875, a bill to amend the Internal Rev- programs enacted as part of the Eco- nal Revenue Code of 1986 to reduce the enue Code of 1986 and the Employee Re- nomic Growth and Tax Relief Rec- depreciation recovery period for cer- tirement Income Security Act of 1974 onciliation Act of 2001. tain roof systems. to increase participation in section At the request of Mr. BAUCUS, the S. 1210 401(k) plans through automatic con- name of the Senator from California At the request of Mr. HARKIN, the tribution trusts, and for other pur- (Mrs. BOXER) was added as a cosponsor name of the Senator from Indiana (Mr. poses. of S. 1112, supra. BAYH) was added as a cosponsor of S. S. 911 S. 1120 1210, a bill to enhance the national se- At the request of Mr. CONRAD, the At the request of Mr. DURBIN, the curity of the United States by pro- name of the Senator from Washington name of the Senator from West Vir- viding for the research, development,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12306 CONGRESSIONAL RECORD—SENATE June 13, 2005 demonstration, administrative support, S. RES. 155 ness, or the human resource manager and market mechanisms for widespread At the request of Mr. BIDEN, the of a large company, the soaring costs deployment and commercialization of names of the Senator from South Da- of health insurance is a common con- biobased fuels and biobased products, kota (Mr. JOHNSON) and the Senator cern. and for other purposes. from North Dakota (Mr. CONRAD) were Maine’s employers are currently fac- S.J. RES. 18 added as cosponsors of S. Res. 155, a ing premium increases of as much as 20 At the request of Mrs. FEINSTEIN, the resolution designating the week of No- percent a year. These premiums have name of the Senator from Connecticut vember 6 through November 12, 2005, as been particularly burdensome for small (Mr. LIEBERMAN) was added as a co- ‘‘National Veterans Awareness Week’’ businesses, the backbone of the Maine sponsor of S.J. Res. 18, a joint resolu- to emphasize the need to develop edu- economy. Many small business owners tion approving the renewal of import cational programs regarding the con- are caught in a cost-squeeze: they restrictions contained in the Burmese tributions of veterans to the country. know that if they pass on the premium increases to their employees, more of Freedom and Democracy Act of 2003. f S. CON. RES. 39 them will decline coverage. Yet these STATEMENTS ON INTRODUCED At the request of Mrs. CLINTON, the small businesses simply cannot afford BILLS AND JOINT RESOLUTIONS name of the Senator from Maine (Ms. to absorb double-digit increases in their health insurance premiums year SNOWE) was added as a cosponsor of S. By Ms. COLLINS (for herself and Con. Res. 39, a concurrent resolution to Ms. LANDRIEU): after year. The problem of rising costs is even express the sense of Congress on the S. 1225. A bill to expand access to af- more acute for individuals and families Purple Heart. fordable health care and to strengthen the health care safety net and make who must purchase health insurance on S. RES. 39 their own. Monthly health insurance At the request of Mr. MCCONNELL, his health care services more available in rural and underserved areas; to the premiums in Maine often exceed a fam- name was added as a cosponsor of S. ily’s mortgage payment. It is no won- Res. 39, a resolution apologizing to the Committee on Finance. Ms. COLLINS. Mr. President, I am der that as many as 150,000 Mainers are victims of lynching and the descend- uninsured. Clearly, we must do more to pleased to join with my colleague from ants of those victims for the failure of make our health care system more effi- Louisiana, Senator LANDRIEU, in intro- the Senate to enact anti-lynching leg- cient and health insurance more avail- ducing the Access to Affordable Health islation. able and affordable. At the request of Mr. BUNNING, his Care Act, a comprehensive, seven-point The Access to Affordable Health Care name was added as a cosponsor of S. plan that builds on the strengths of our Act, which we are introducing today, is Res. 39, supra. current public programs and private a seven-point plan that combines a va- At the request of Mr. MARTINEZ, his health care system to make quality, af- riety of public and private approaches name was added as a cosponsor of S. fordable health care available to mil- to make quality health care coverage Res. 39, supra. lions more Americans. more affordable and available. The leg- At the request of Mr. BURNS, his One of my top priorities in the Sen- islation’s seven goals are: name was added as a cosponsor of S. ate has been to expand access to afford- No. 1. To expand access to affordable Res. 39, supra. able health care for all Americans. health care for small businesses; At the request of Ms. LANDRIEU, the There are still far too many Americans No. 2. To make health insurance names of the Senator from Ohio (Mr. without health insurance or with woe- more affordable for individuals and DEWINE), the Senator from North Caro- fully inadequate coverage. As many as families purchasing coverage on their lina (Mrs. DOLE), the Senator from 45 million Americans—almost 16 per- own; West Virginia (Mr. ROCKEFELLER), the cent of our population—are uninsured, No. 3. To strengthen the health care Senator from South Dakota (Mr. and millions more are underinsured. safety net for those without coverage; THUNE), the Senator from Oregon (Mr. Health care coverage matters. The No. 4. To expand access to care in WYDEN), the Senator from Virginia simple fact is that people with health rural and under-served areas; (Mr. WARNER), the Senator from Mon- insurance are healthier than those who No. 5. To increase access to afford- tana (Mr. BAUCUS), the Senator from are uninsured. People without health able long-term care; Kansas (Mr. ROBERTS), the Senator insurance are less likely to seek care No. 6. To promote healthier life- from Rhode Island (Mr. CHAFEE) and when they need it, and to forgo serv- styles; And No. 7, to provide more equitable the Senator from Alabama (Mr. SES- ices such as periodic check ups and pre- Medicare payments to Maine providers SIONS) were added as cosponsors of S. ventive services. As a consequence, to reduce the Medicare shortfall, which Res. 39, supra. they are more likely to be hospitalized has forced hospitals, physicians and At the request of Mr. ALLEN, the or require costly medical attention for other providers to shift costs onto names of the Senator from Missouri conditions that could have been pre- other payers in the form of higher (Mr. BOND), the Senator from Georgia vented or treated at a curable stage. charges, which, in turn drives up (Mr. CHAMBLISS), the Senator from Not only does this put the health of health care premiums. Georgia (Mr. ISAKSON) and the Senator these individuals at greater risk, but it Let me discuss each of these seven from Oklahoma (Mr. INHOFE) were also puts additional pressure on our points in more detail. added as cosponsors of S. Res. 39, supra. hospitals and emergency rooms, many First, our legislation will help small S. RES. 86 of them already financially challenged. employers cope with rising health care At the request of Mr. HAGEL, the Compared with people who have costs. name of the Senator from Kansas (Mr. health coverage, uninsured adults are Since most Americans get their ROBERTS) was added as a cosponsor of four times, and uninsured children five health insurance through the work- S. Res. 86, a resolution designating Au- times, more likely to use the emer- place, it is a common assumption that gust 16, 2005, as ‘‘National Airborne gency rooms. The costs of care for people without health insurance are Day’’. these individuals are often absorbed by unemployed. The fact is, however, that S. RES. 154 providers and passed on to the covered most uninsured Americans are mem- At the request of Mr. BIDEN, the population through increased fees and bers of families with at least one full- names of the Senator from Colorado insurance premiums. time worker. As many as 82 percent of (Mr. SALAZAR), the Senator from Ohio Maine is in the midst of a growing Americans who do not have health in- (Mr. VOINOVICH) and the Senator from health insurance crisis, with insurance surance are in a family with a worker. Oklahoma (Mr. INHOFE) were added as premiums rising at alarming rates. Uninsured working Americans are cosponsors of S. Res. 154, a resolution Whether I am talking to a self-em- most often employees of small busi- designating October 21, 2005 as ‘‘Na- ployed fisherman, a displaced worker, nesses. In fact, some 60 percent of unin- tional Mammography Day’’. the owner of a struggling small busi- sured workers are employed by small

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12307 firms. Smaller firms generally face up to 10 States conducting innovative grant, public housing and homeless higher costs for health insurance than coverage expansions, such as alter- health centers. These centers, which larger firms, which makes them less native group purchasing or pooling ar- operate in underserved urban and rural likely to offer coverage. Small busi- rangements, individual or small group communities, provide critical primary nesses want to provide health insur- market reforms, or subsidies to em- care services to millions of Americans, ance for their employees, but the cost ployers or individuals purchasing cov- regardless of their ability to pay. of often just too high. erage. The States have long been lab- About 20 percent of the patients treat- The legislation we are introducing oratories for reform, and they should ed at Maine’s community health cen- today will help small employers cope be encouraged in the development of ters have no insurance coverage and with rising costs by providing new tax innovative programs that can serve as many more have inadequate coverage, credits for small businesses to help models for the Nation. so these centers are a critical part of make health insurance more afford- The Access to Affordable Health Care our Nation’s health care safety net. able. It will encourage those small Act will also expand access to afford- The problem of access to affordable businesses that do not currently offer able health care for individuals and health care services is not limited to health insurance to do so and will help families. the uninsured, but is also shared by employers that do offer insurance to One of the first bills I cosponsored as many Americans living in rural and continue coverage for their employees a Senator was legislation to establish underserved areas where there is a seri- even in the face of rising costs. the State Children’s Health Insurance ous shortage of health care providers. Our legislation will also help in- Program, S–CHIP, which provides in- The Access to Affordable Health Care crease the clout of small businesses in surance for the children of low-income Act therefore calls for increased fund- negotiating with insurers. Premiums parents who cannot afford health in- ing for the National Health Service are generally higher for small busi- surance, yet make too much money to Corps, which supports doctors, den- nesses because they do not have as qualify for Medicaid. This important tists, and other clinicians who serve in much purchasing power as large com- program has provided affordable health rural and inner city areas. panies, which limits their ability to insurance coverage to an estimated six The legislation will also give the pro- bargain for lower rates. They also have million children nationwide, including gram greater flexibility by allowing higher administrative costs because almost 13,000 who are currently en- National Health Service Corps partici- they have fewer employees among rolled in the MaineCare program. Even pants to fulfill their commitment on a whom to spread the fixed cost of a so, nationwide, millions of qualified part-time basis. Current law requires health benefits plan. Moreover, they children have yet to be enrolled in this all National Health Service Corps par- are not as able to spread the risks of program, many because their parents ticipants to serve full-time. Many rural medical claims over as many employ- simply don’t know that they are eligi- communities, however, simply do not ees as large firms. ble for the assistance. have enough volume to support a full- Our legislation will help address Our legislation builds on the success time health care practitioner. More- these problems by authorizing Federal of this program and gives States a over, some sites may not need a par- grants to provide start-up funding to number of new tools to increase particular type of provider—for example, a States to assist them with the plan- ticipation. The bill authorizes new dentist—on a full-time basis. Some ning, development and operation of grants for States and non-profit orga- practitioners may also find part-time small employer purchasing coopera- nizations to conduct innovative out- service more attractive, which, in turn, tives. These cooperatives will help to reach and enrollment efforts to ensure could improve recruitment and reten- reduce health care costs for small em- that all eligible children are covered. tion. Our bill therefore gives the pro- ployers by allowing them to band to- States would also have the option of gram additional flexibility to meet gether to purchase health insurance covering the parents of the children community needs. jointly. Group purchasing cooperatives who are enrolled in programs like Long-term care is the major cata- have a number of advantages for small MaineCare. States could also use funds strophic health care expense faced by employers. For example, the increased provided through this program to help older Americans today, and these costs number of participants in the group eligible working families pay their will only increase with the aging of the help to lower the premium costs for all. share of an employer-based health in- baby boomers. Most Americans mistak- Moreover, they decrease the risk of ad- surance plan. In short, the legislation enly believe that medicare or their pri- verse selection and spread the cost of will help ensure that the entire family vate health insurance policies will health care over a broader group. receives the health care they need. cover the cost of long-term care should The legislation would also authorize And finally, to help make health cov- they develop a chronic illness or cog- a Small Business Administration grant erage more affordable for low- and mid- nitive impairment like Alzheimer’s program for States, local governments dle-income individuals and families Disease. Unfortunately, far too many and non-profit organizations to provide who do not have employer-provided do not discover that they do not have information about the benefits of coverage and who are not eligible for coverage until they are confronted health insurance to small employers, the expanded public programs, our leg- with the difficult decision of placing a including tax benefits, increased pro- islation would provide an advanceable, much-loved parent or spouse in long- ductivity of employees, and decreased refundable tax credit of up to $1,000 for term care and facing the shocking real- turnover. These grants would also be individuals earning up to $30,000 and up ization that they will have to cover the used to make employers aware of their to $3,000 for families earning up to costs themselves. current rights under State and Federal $60,000. This could provide coverage for The Access to Affordable Health Care laws. While costs are clearly a problem, up to 6 million Americans who would Act will provide a tax credit for long- many small employers are not fully otherwise be uninsured for one or more term care expenses of up to $3,000 to aware of laws that have already been months, and will help many more provide some help to those families enacted by both States and Federal working lower-income families who struggling to provide long-term care to Government to make health insurance currently purchase private health in- a loved one. It will also encourage more affordable. For example, in one surance with little or no government more Americans to plan for their fu- survey, 57 percent of small employers help. ture long-term care needs by providing did not know that they could deduct The Access to Affordable Health In- a tax deduction to help them purchase 100 percent of their health insurance surance Act will also help to strength- long-term care insurance. premiums as a business expense. en our Nation’s health care safety net Health insurance alone is not going The legislation would also create a by doubling funding over 5 years for to ensure good health. As noted author new program to encourage innovation the Consolidated Health Centers pro- and physician Dr. Michael Crichton has by awarding demonstration grants in gram, which includes community, mi- observed, ‘‘the future of medicine lies

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12308 CONGRESSIONAL RECORD—SENATE June 13, 2005 not in treating illness, but preventing ward promoting greater fairness by in- ness of child trafficking and dem- it.’’ Many of our most serious health creasing Medicare payments to rural onstrates that it can occur in all coun- problems are directly related to hospitals and by modifying geographic tries, including the most affluent. unhealthy behaviors—smoking, lack of adjustment factors that discriminated This issue has long been a concern of regular exercise and poor diet. These against physicians and other providers mine. Nearly 6 years ago, I learned of a three major risk factors alone have in rural areas. The legislation we are human trafficking ring that enslaved made Maine the state with the fourth introducing today will build on those foreign workers and smuggled them to highest death rate due to four largely improvements by establishing State the U.S. Commonwealth of the North- preventable diseases: cardiovascular pilot programs that reward providers of ern Mariana Islands, CNMI. The work- disease, cancer, chronic lung disease high-quality, cost efficient Medicare ers were forced to work in factories or and diabetes. These four chronic dis- services. It will also establish a pro- serve as prostitutes. Senators Frank eases are responsible for 70 percent of gram to expand graduate medical edu- Murkowski, Jeff Bingaman, and I in- the health care problems in Maine. cation programs in rural and under- troduced S. 1052 to tighten immigra- Our bill therefore contains a number served areas of the nation. tion law in the CNMI to prevent future of provisions designed to promote Mr. President, the Access to Afford- human trafficking rings. Although our healthy lifestyles. An ever-expanding able Health Care Act outlines a blue- bill passed the Senate, it was not taken body of evidence shows that these print for reform based on principles up in the House. kinds of investments in health pro- upon which I believe a bipartisan ma- Unfortunately, that was only one of motion and prevention offer returns jority in Congress could agree. The numerous human trafficking conspir- not only in reduced health care bills, plan takes significant strides toward acies discovered within the United but in longer life and increased produc- the goal of universal health care cov- States. The State Department esti- tivity. The legislation will provide erage by bringing millions more Amer- mates that 14,500 to 17,500 human traf- grants to States to assist small busi- icans into the insurance system, by ficking victims are brought into our nesses wishing to establish ‘‘worksite strengthening the health care safety country every year. wellness’’ programs for their employ- net, and by addressing inequities in the We cannot address this issue without ees. It would also authorize a grant Medicare system. recognizing the efforts of my friend and program to support new and existing departed colleague, Senator Paul ‘‘community partnerships,’’ such as the By Mr. AKAKA: Wellstone, who through his leadership, Healthy Community Coalition in S. 1226. A bill to provide jurisdiction the Victims of Trafficking and Vio- Maine’s Franklin County, to promote over Federal contractors who engage in lence Protection Act of 2000, P.L. 106– healthy lifestyles among hospitals, em- human trafficking offenses; to the 386, was enacted. This law first estab- ployers, schools and community orga- Committee on the Judiciary. lished our Nation’s commitment to the nizations. And, it would provide funds Mr. AKAKA. Mr. President, I rise prosecution of traffickers and the pro- for States to establish or expand com- today to introduce the Federal Con- tection of victims of trafficking. prehensive school health education, in- tractor Extraterritorial Jurisdiction Since 2000, and the passage of this cluding, for example, physical edu- for Human Trafficking Offenses Act of Act, there has been a surge in govern- cation programs that promote lifelong 2005, which builds upon bipartisan ef- ment activity relating to the preven- physical activity, healthy food service forts to combat the abhorrent practice tion and prosecution of human traf- selections, and programs that promote of human trafficking. ficking offenses. In 2003 alone, there a healthy and safe school environment. Human trafficking is unfortunately were approximately 3,000 convictions of among the fastest growing inter- human traffickers worldwide. Finally, the Access to Affordable national criminal activities. According We have learned a great deal more Health Care Act would promote greater to the U.S. State Department’s 2005 about the conditions under which equity in Medicare payments and help Trafficking in Persons Report, 600,000 members of a population are likely to to ensure that the Medicare system re- to 800,000 victims are transported become victims of trafficking. Those wards rather than punishes States like across international borders each year. who are displaced from their homes or Maine that deliver high-quality, cost- These victims often come from the suffering from poverty are much more effective Medicare services to our el- world’s most vulnerable populations likely to become victims of trafficking. derly and disabled citizens. and regions affected by wars or human- Unfortunately, military forces and or- According to a study in the Journal itarian disasters. ganizations charged with protecting of the American Medical Association, With the promise of well-paying jobs, and providing for vulnerable popu- Maine ranks third in the Nation when victims are often enticed to foreign lations have, at times, actually encour- it comes to the quality of care deliv- countries, where upon arrival, their aged the trafficking of humans. ered to our Medicare beneficiaries. Yet passports or travel papers are con- There have been instances in the we are 11th from the bottom when it fiscated, and they are forced, many Congo and in Bosnia where increased comes to per-beneficiary Medicare times beaten, until they agree to work demand for prostitution and forced spending. without pay or serve as prostitutes. labor caused by foreign peacekeeping The fact is that Maine’s Medicare The perpetrators of human trafficking troops and humanitarian aid workers dollars are being used to subsidize are typically motivated by profits de- accelerated the exploitation of already higher reimbursements in other parts rived from the use of forced labor or vulnerable populations. of the country. This simply is not fair. commercial sex exploitation. Because There have even been reports where Medicare’s reimbursement systems one of the common motivations of traf- contractors, working on behalf of the have historically tended to favor urban ficking is forced prostitution: 80 per- United States Government, have con- areas and failed to take the special cent of the victims are women and 50 tributed to, and even participated in, needs of rural States into account. percent of the victims are children. the trafficking of humans abroad. Ironically, Maine’s low payment rates In 2001, awareness of human traf- Nothing is more contrary to the free- are also the result of its long history of ficking grew in London during a mur- doms we cherish than the trafficking of providing high-quality, cost-effective der investigation where the victim was humans, which is why I introduce care. In the early 1980s, Maine’s lower a small African boy. While trying to today the Federal Contractor Extrater- than average costs were used to justify determine the identity of the victim, ritorial Jurisdiction for Human Traf- lower payment rates. Since then, Medi- investigators discovered that, in Lon- ficking Offenses Act. care’s payment policies have only don alone, 300 African children between My bill closes a loophole in U.S. served to perpetuate the gap. the ages of 4 and 7 could not be ac- criminal law. Under current law, Fed- The Medicare Modernization Act of counted for. That staggering statistic eral contractors who engage in human 2003 did take some significant steps to- provides an insight into the pervasive- trafficking offenses abroad are subject

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12309 to prosecution in the United States tion 1595 had the conduct been engaged in But it’s not just the level of health only if ‘‘employed by or accompanying within the special maritime and territorial care spending—at the same time that the Armed Forces.’’ The bill closes this jurisdiction of the United States. we are spending twice as much as many loophole by permitting the prosecution ‘‘(d) As used in this section, the term ‘Fed- other countries, 45 million of our citi- eral contractor’ means a person who— of Federal contractors of ‘‘any execu- ‘‘(1) is employed as a contractor (including zens lack health insurance, and a re- tive agency.’’ a subcontractor at any tier), or as an em- cent national study by RAND suggests I believe all U.S. contractors should ployee of a contractor (or subcontractor at that U.S. adults receive only 55 percent be treated the same, and all should be any tier), of any executive agency, as that of recommended care. held to the same standards. A pay- term is defined in section 4(1) of the Office of The answer is not to cut payments or check from the United States should Federal Procurement Policy Act (41 U.S.C. to ask patients to take less care, but to never be used to purchase a human life. 403(1)); ensure the right information is where I wish to point out that this legisla- ‘‘(2) is present or residing outside the it needs to be at the time it needs to be United States in connection with such em- tion respects the sovereignty of foreign ployment; and there so that providers can give the governments to prosecute these crimes ‘‘(3) is not a national of or ordinarily resi- best possible treatment and care. That locally. If a prosecution has occurred dent in the country where the violation oc- will both reduce costs and improve or is pending by the foreign govern- curred.’’. quality of care. ment, U.S. authorities are precluded However, most of our Nation’s health from prosecuting except upon approval By Ms. STABENOW (for herself care providers don’t have access to in- of the U.S. Attorney General. and Ms. SNOWE): formation technology and services be- Rather, my measure authorizes the S. 1227. A bill to improve quality in cause it’s hard enough just to keep up prosecution of a U.S. contractor who health care by providing incentives for with their daily costs, much less to in- engages in human trafficking abroad adoption of modern information tech- vest in something new. but flees the foreign country to avoid nology; to the Committee on Finance. And, there’s another reason providers prosecution. This happened, according Mrs. STABENOW. Mr. President, I haven’t been quick to adopt these sys- to at least one report, where an em- am very pleased to introduce the tems. The nature of our health care ployee of a Federal contractor in Bos- ‘‘Health Information Technology Act system means that in large part the nia bought a woman to serve as a sex of 2005’’ with my friend and colleague value of these technologies—through slave. This individual fled the country from Maine, Senator Snowe. This legis- the lower costs they will achieve—ac- after local authorities discovered the lation will reduce costs for our busi- crue to the payers of health care, rath- crime, and he returned to the U.S. to nesses, improve systems for our pro- er than to the providers. avoid prosecution. My bill would em- viders, and improve quality of care for The costs of necessary information power U.S. prosecutors to bring such patients. not being available are great. Too an individual to justice. We know we need to reduce health often, care is duplicated like an x-ray Mr. President, I ask by unanimous care costs in this country. In 2004, given twice, because an emergency consent that the text of my bill be United States national health expendi- room doctor didn’t have the results of printed in the RECORD. tures, known as NHEs, amounted to an earlier x-ray, or the best and most There being no objection, the bill was $1.8 trillion, or about $6,300 per person, appropriate care isn’t given. Our health ordered to be printed in the RECORD, as accounting for 15.8% of our GDP. This care professionals can’t possibly pro- follows: is almost twice the average among Eu- vide the best care if they don’t have S. 1226 ropean Union countries. complete and accurate information Be it enacted by the Senate and House of Rep- And costs are expected to continue to about the patient sitting in front of resentatives of the United States of America in skyrocket. The Center for Medicare them. Congress assembled, and Medicaid Services, CMS, estimates Multiple studies have found that as SECTION 1. SHORT TITLE. that by 2013, NHEs in the United States much as $300 billion is spent each year This Act may be cited as the ‘‘Federal Con- will reach $3.4 trillion and account for on health care that does not improve tractor Extraterritorial Jurisdiction for 18.8 percent of our GDP. patient outcomes on treatment that is Human Trafficking Offenses Act of 2005’’. It is without question that the in- unnecessary, inappropriate, inefficient, SEC. 2. FEDERAL CONTRACTOR EXTRA-TERRI- creasing cost of employer-based health or ineffective. TORIAL JURISDICTION. insurance hurts the global competitive- A March 2001 Institute of Medicine, Chapter 77 of title 18, United States Code, ness of U.S. companies. General Motors IOM, study concluded that in order to is amended by adding at the end the fol- now spends more than $1,500 per vehicle improve quality, there must be a na- lowing: on health care costs, while their non- tional commitment to building an in- ‘‘§ 1596. Federal contractor extraterritorial ju- U.S. based competitors spend as much formation infrastructure. An October risdiction as $1,000 less. 2003 Government Accountability Office ‘‘(a) Whoever, while a Federal contractor, Our large companies certainly aren’t engages in conduct outside the United States report found that the benefits of an that would constitute a violation of this alone in struggling to meet the health electronic healthcare information sys- chapter punishable by imprisonment for care needs of their employees—the av- tem included improved quality of care, more than 1 year if the conduct had been en- erage member of the Small Business reduced costs associated with medica- gaged in within the special maritime and Association of Michigan, SBAM spends tion errors, more accurate and com- territorial jurisdiction of the United States nearly $8,000 per employee per year on plete medical documentation, more ac- shall be punished as provided for that of- health insurance premiums. SBAM ex- curate capture of codes and charges, fense. plains very clearly one of the reasons and improved communication among ‘‘(b) No prosecution may be commenced for these high costs: ‘‘the way in which against a person under this section if a for- providers enabling them to respond eign government, in accordance with juris- health care information is commu- more quickly to patients’ needs. diction recognized by the United States, has nicated is expensive, inefficient, and By providing the most appropriate prosecuted or is prosecuting such person for many times simply does not happen.’’ care at the most appropriate time, we the conduct constituting such offense, except The members of the Health Informa- can reap huge savings. A January 2005 upon the approval of the Attorney General tion Technology Leadership Panel, Report by the Center for Information or the Deputy Attorney General (or a person convened pursuant to the National Co- Technology Leadership, CITL, found acting in either such capacity), which func- ordinator for Health Information Tech- that moving to standardized health in- tion of approval may not be delegated. nology’s Framework for Strategic Ac- formation exchange and interoper- ‘‘(c) An individual who is a victim of a violation of this chapter by a Federal con- tion, recently agreed that ‘‘increasing ability would save nearly $80 billion tractor may bring a civil action against the health care costs pose a great and annually in the United States. perpetrator under section 1595 if a civil ac- growing challenge to their industries The benefits of adoption and use of tion would have been authorized under sec- and the broader U.S. economy.’’ health care information technologies,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12310 CONGRESSIONAL RECORD—SENATE June 13, 2005 systems and services will be wide- Federal leadership and Federal invest- It only makes sense to establish new spread: employers will realize cost sav- ment are necessary and appropriate. payment codes to account for the costs ings, clinicians will gain new elec- The focus of the investment provided of purchasing and using health infor- tronic support tools and patient infor- by the ‘‘Health Information Tech- mation technology and services with mation to help guide medical decisions, nology Act of 2005’’ is on improving patient-specific applications. and patients will benefit from a more health care for patients with heart dis- Our legislation also will make it efficient health care system and from a ease, cancer, stroke, diabetes, chronic much easier for physicians and other safer health care system with fewer un- obstructive pulmonary disease, asth- health care professionals to treat pa- necessary treatments and more atten- ma, and other diseases and conditions tients by reducing the communication tion to preventive care. And, taxpayers by driving transformation of systems barriers that currently exist. The and our federal programs will benefit. in physician offices and other health ‘‘Health Information Technology Act’’ Researchers have suggested that up to care settings. Our bill includes a num- provides that the Secretary shall adopt 30 percent of annual Medicare health ber of funding incentive approaches in- data standards for interoperability be- care spending could be saved by elimi- tended to improve health care through tween providers and links funding to nating unnecessary and duplicative adoption of information technology. the adoption of those standards. procedures, and improving quality by First, we create a 5-year, $4 billion We know that electronic health care information systems can reap huge eliminating errors. competitive grant program for hos- The benefits of health information pitals, physicians, skilled nursing fa- benefits. The GAO found these systems technologies and services become most cilities, community health centers and improve quality of care, reduce costs compelling on an individual level. I community mental health centers to and improve communication among met an extraordinary woman just a offset investments in new technologies providers. But we also know that we can’t ex- month ago. Renae Wallace, a small and information services. Importantly, pect our health care providers to make business owner in Kingsley, MI told me the grant program is funded by a man- this investment alone as they struggle about her son Randall. Randall is just datory appropriation from the Medi- to meet their daily needs. Our country about to turn 8, but because he was care trust funds. This is critical to en- must have a national commitment to born with complex heart and lung de- suring that funds will actually be building an information infrastructure, fects, he has seen the inside of a sur- available for the grant program. It also and the Federal Government needs to gery room more times than most peo- makes sense as the trust funds will see step up to the plate and provide much- ple see in a lifetime. savings through lower outlays due to needed funds to get the ball rolling. Renae takes her son to providers in less duplicative and unnecessary care. We could only have dreamed about Traverse City, Grand Rapids, and Ann The grant program would authorize clinical computerized information sys- Arbor. But because there is no way for funding for the: purchase, lease, and in- tems when the Medicare and Medicaid these providers to talk to each other, stallment of computer software and programs began. Today, we have them she has to carry around a file two hardware and related services; upgrade at our disposal. The sooner we get inches thick of medical records—X- of existing computer technology; pur- them into our hospitals, physician of- rays, MRI scans, surgical notes—on chase communications capabilities fices, nursing homes, community Randall. Otherwise, the health care necessary for clinical data access, stor- health centers and community mental professionals who are taking care of age, and exchange; services associated health centers, the sooner our patients, Randall wouldn’t have the benefit of with acquiring, implementing, oper- providers, and pocketbooks will see the the results of the treatment that Ran- ating, or optimizing the use of new or rewards. dall has gotten previously. Because existing computer software and hard- I am very pleased to announce the they wouldn’t have all the information ware and clinical health care support of the following organizations: they need, Randall might not get the informatics systems; provision of edu- American College of Physicians, Fed- most appropriate care. Renae has made cation and training for staff on infor- eration of American Hospitals, Na- sure that all of the providers taking mation systems and technology de- tional Council for Community Behav- care of her son have as much of the in- signed to improve patient safety; and ioral Healthcare, the National Associa- formation as possible—but it would purchase, lease, subscription, integration of Children’s Hospitals, American make a lot more sense if the doctors tion service of clinical decision support Heart Association, National Rural and hospitals and nurses were able to tools that provide ongoing continuous Health Association, National Business have that information without Renae quality improvement functions. Coalition on Health, American Acad- having to carry it around. Second, we allow accelerated depre- emy of Family Physicians, National We need to ensure that our health ciation of qualified health care infor- Association of Community Health Cen- care professionals have all of the rel- mation system expenditures in 2005– ters, American Health Care Associa- evant clinical information available to 2010. tion, IBM, Health Vision, Healthcare them in whatever setting a patient Third, we adjust Medicare payments Information and Management Systems needs care, at the time the patient to providers who use HIT that im- Society, eHealth Initiative, AdvaMed, needs the care so that they can provide proves the quality and accuracy of American Health Information Manage- the best and most appropriate treat- clinical decision-making. We begin by ment Association, Verizon, Altarum, ment possible. We know that adoption addressing payments for treatment of Michigan Health and Hospital Associa- of health information technology can Medicare beneficiaries with heart dis- tion, Automation Alley, Small Busi- play a critical role in improving pa- ease, cancer, stroke, diabetes, and ness Association of Michigan, Detroit tient outcomes and at the same time chronic obstructive pulmonary disease Chamber, Michigan State Medical So- greatly reduce costs. But it can’t hap- because we know these conditions con- ciety, Detroit Medical Center, Mar- pen without the federal government sume a large portion of our Medicare quette General Health System, Oak- playing a role. resources. wood Healthcare System, Henry Ford The members of the Health Informa- We know that the Medicare program Health System, MPRO, Michigan’s tion Technology Leadership Panel con- will reap the benefit of providers using Medicare Quality Improvement Organi- curred that without Federal leadership, health information networks. The Of- zation; Microsoft Corporation, Axolotl neither their individual companies nor fice of the National Coordinator for Corp, Delmarva Foundation, Dell Inc, the industrial sector as a whole can Health Information Technology said on DiagnosisOne, Greenway Medical Tech- achieve the breadth of HIT adoption March 2 of this year that the annual nologies, HealthInsight, Healthgate, that would be required to realize the savings attributable to widespread Inland Northwest Health Services, needed transformation of health care. electronic health record adoption are Kyrptiq, Lumetra, Medical Review of The bill that Senator SNOWE and I likely to lie between 7.5 percent–30 per- North Carolina, Misys Healthcare Sys- are introducing recognizes that both cent of annual health care spending. tems, National Alliance for Primary

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12311 Care Informatics, Partners Healthcare the potential of information technology to IBM System, Siemens Corporation, Philips improve the overall quality of health care Washington, D.C., June 9, 2005. Medical Systems, WebMD Corporation, delivered to patients in underserved commu- Hon. OLYMPIA SNOWE, and the Virgin Islands Medical Insti- nities. U.S. Senate, Washington, D.C. tute. Health centers recognize the value of I am also very pleased to have the healthcare information technology in facili- Hon. DEBBIE STABENOW, U.S. Senate, support of the AFL–CIO, Trinity tating the delivery of cost-effective, quality Washington, D.C. health care services. Indeed, through partici- Health, NextGen, The Society of Tho- DEAR SENATORS SNOWE AND STABENOW: On racic Surgeons, American Association pation in the Health Resources and Services behalf of IBM, I would like to congratulate of Homes and Services for the Aging, Administration’s Health Disparities you on the introduction of the ‘‘Health Infor- St. John Health, Michigan Primary Collaboratives, health centers have dem- mation Technology Act of 2005, and we sup- Care Association, the American Health onstrated reductions in disparities and import its passage. Quality Association, and Comtek and proved access to services through the use of The Act includes number of funding incen- look forward to receiving their forth- electronic patient registries. However, the tive approaches intended to stimulate high cost of establishing these IT. systems healthcare improvements enabled by infor- coming letters. mation technology. Most important, the Act I ask unanimous consent to have the throughout the entire health center is a significant barrier for centers with few finan- would adjust Medicare payments to pro- text of the bill and additional material cial resources. viders who participate in a health informa- printed in the RECORD. tion network that improves the quality and There being no objection, the mate- With that in mind, NACHC applauds you accuracy of clinical decision-making. With rial was ordered to by printed in the for including health centers as eligible reso many Americans in this one program, cre- RECORD, as follows: cipients of competitive grant funding and ating rewards for quality in Medicare will tax incentives for the design and installation have a lifesaving impact for patients AMERICAN ACADEMY of new healthcare IT systems, the upgrade of throughout the country. OF FAMILY PHYSICIANS, existing computer hardware and software, Washington, DC, June 9, 2005. The Act also authorizes grants for infor- and training and education of health center mation technology software, hardware, and Hon. DEBBIE STABENOW, U.S. Senate, staff. We also appreciate that your legisla- services to improve quality in health care Washington, DC. tion would require the establishment of na- and patient safety. Eligible grantees would include hospitals, skilled nursing facilities, Hon. OLYMPIA SNOWE, tional healthcare IT standards that promote U.S. Senate, the interoperability of health care informa- federally qualified health centers, physi- Washington, DC. tion across all health care settings within 2 cians, and physician group practices. Fund- DEAR SENATORS STABENOW AND SNOWE: On years. ing would be authorized for the years 2006 to behalf of It he 94,000 members of the Amer- 2010 as part of the Medicare program as per- Thank you once again for introducing the ican Academy of Family Physicians, con- mitted within the Budget Reserve Fund en- ‘‘Health Information Technology Act of gratulations on the introduction of the acted in the 2006 Budget Resolution. 2005.’’ We stand ready to work with you to Health Information Technology Act. The The legislation would also reduce the com- AAFP strongly supports this legislation and advance this vital legislation in the 109th munication barriers that make it difficult we would be pleased to help you in your ef- Congress. for physicians to treat patients. The Act pro- forts to have Congress pass it. Sincerely, vides that the Secretary shall adopt data The legislation recognizes that the main DANIEL R. HAWKINS, Jr., standards for interoperability between pro- obstacles to widespread adoption of elec- Vice-President for viders and links funding to the adoption of tronic health record systems are the signifi- Federal, State, and those standards. At the same time, the Act cant up-front costs and the lack of general Public Affairs. would implement procedures for the Sec- interoperability of many fragmented elec- retary to accept the optional submission of data derived from health care reporting re- tronic systems. In the first case. the esti- AMERICAN HEALTH CARE ASSOCIATION, quirements. The funding will allow providers mated costs of about $25,000 per physician to Washington, DC, June 10, 2005. to adopt technology with standards that pro- purchase an electronic health record system Hon. DEBBIE STABENOW, mote the efficient exchange of data. is a serious problem for family physicians in U.S. Senate, Finally, the Act would amend the Internal small practices that have very tight finan- Washington, DC. cial margins in which to operate. In the sec- Revenue Code to permit the expensing of ond case, even if the financing is available, a DEAR SENATOR STABENOW: On behalf of the health care informatics systems that meet family physician will be reluctant to invest American Health Care Association (AHCA) standards adopted by the Secretary of HHS. in health information technology that can- and the National Center for Assisted Living We thank you for advancing these impor- not communicate with a nearby lab or the (NCAL), the nation’s largest association rep- tant Medicare-related provisions and look specialist across town. resenting providers of quality long term forward to supporting the Act’s passage this By helping physicians with the financing care, I am writing to acknowledge our sup- Congress. of these systems and by facilitating the de- port for the ‘‘Health Information Technology Sincerely, velopment of interoperability standards, Act of 2005.’’ CHRISTOPHER CAINE, your legislation would go a long way to im- Vice President, This legislation, which you will soon intro- proving the quality and efficiency of health Government Programs. duce, has the potential to transform health care delivery in this county. Thank you for your leadership in this ef- and long term care by utilizing information Hon. DEBBIE STABENOW, fort. We are committed to working with you technology to allow for the seamless transfer U.S. Senate, to secure passage of this important legisla- of health data while guaranteeing privacy Washington, DC. tion. and security. By creating incentives for pro- Hon. OLYMPIA SNOWE, Sincerely, viders to acquire health information tech- U.S. Senate, MICHAEL FLEMING, nology and ensuring interoperability, you Washington, DC. Board Chair. are taking critically important steps to im- DEAR SENATORS STABENOW AND SNOWE: prove patient safety and quality. With provi- Healthvision, Inc. is dedicated to providing NATIONAL ASSOCIATION OF sions such as allowing accelerated deprecia- and supporting connected healthcare com- COMMUNITY HEALTH CENTERS, INC., tion of qualified health care information sys- munities where information can be securely Bethesda, MD, June 13, 2005. tem expenditures, you’ve clearly fast shared among, physicians, patients, con- Hon. DEBBIE STABENOW, tracked the potential of this legislation sumers, hospitals and other interested con- U.S. Senate, reaching its ultimate goals.’’ stituents in the healthcare landscape. We Washington, DC. congratulate you both for introducing The DEAR SENATOR STABENOW, On behalf of Senator Stabenow, AHCA and NCAL fully Health Information Technology Act. This health centers all across the country and the support and commend you for the leadership legislation would provide grants to physi- 15 million Americans who rely on them for you are providing with the introduction of cians, hospitals and skilled nursing facilities health care, I want to express our strong sup- the ‘‘Health Information Technology Act of for purposes of improving patient safety and port for the ‘‘Health Information Technology 2005.’’ reducing medical errors. Act of 2005.’’ The legislation would help to Sincerely, We understand the positive role that ensure that health centers have the addi- HAL DAUB, health information technology (HIT) can tional resources they need to further harness President & CEO. play in promoting safety and the quality of

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12312 CONGRESSIONAL RECORD—SENATE June 13, 2005 care. We also are cognizant that financial healthcare quality is essential, given that 90 provides the type of congressional leadership barriers prevent physicians and patients percent of the 30 billion U.S. health trans- that will improve healthcare delivery for the from receiving and utilizing health informa- actions each year are conducted by phone, nation. tion technology that is important to reduc- fax or mail and only 15 percent of US physi- HIMSS supports the concepts of this legis- ing medical errors and creating efficiencies cians use electronic health records. These lation because it represents a positive step in the healthcare system. The Health Infor- quality and safety Challenges according to mation Technology Act (HIT Act) provides a the Institute of Medicine, cause an estimated forward in the national agenda to provide a solution to overcoming the barriers that pre- 44,000 to 98,000 deaths yearly due to medical catalyst to encourage substantial invest- vent the use and utilization of HIT to im- errors. ments into information technology and man- prove healthcare. By providing incentives for Various studies have shown the potential agement systems to improve the quality, providers to adopt HIT, promoting the adop- of health information technology to make safety, and efficiency of patient care. tion of national data and health communica- improvements in healthcare quality. For ex- Through our members and the Society’s ad- tion standards to facilitate interoperability, ample, a rural community hospital pre- vocacy outreach, we will continue to support leveraging federal investments in Medicare vented administration of over 1,200 wrong and work for the bill’s passage. and Medicaid and creating special set asides drugs or dosages using automatic identifica- We are particularly encouraged by the pro- for certain groups including rural providers tion technology and wireless scanners to visions in the legislation to create a grant and health professional shortage areas, the verify both the identities of patients and program to infuse almost $4 billion in federal HIT Act provides considerable leverage to their correct medications (GAO–04–224). funding into the provider community to en- help build momentum in improving The Health Information Technology Act of courage adoption of information systems and healthcare as we know it today. 2005 would be an important step toward ad- Quality and safety challenges, according to dressing some of the quality and safety chal- services, as well as the emphasis on inter- the Institute of Medicine, cause an estimated lenges identified by the Institute of Medi- operability that address the needs of pro- 44,000 to 98,000 deaths yearly due to medical care. It is our belief that upfront investment viders in diverse geographic settings, includ- errors. Legislation to adopt HIT is essential in HIT will improve the quality of care, ing setting aside at least 20 percent for rural to improving healthcare by replacing anti- while returning savings through reductions communities. quated paper records with electronic patient in clinical and administrative cots over The HIMSS Board of Directors applauds records that can be shared across healthcare time. your efforts in realizing and acting on the communities and among the necessary On behalf of the undersigned and other need for infuse federal funding into the pro- stakeholders in such communities. members of the eHealth Initiative, we salute vider community to adopt much needed in- The Healthcare Information Act of 2005 your leadership and look forward to working formation technology. would be an important step toward address- with you to provide incentives for adoption ing some of the quality and safety challenges of modern health information technology to We look forward to working with you to identified by the Institute of Medicine. It is improve the quality of healthcare. gain additional healthcare industry support our belief that upfront investment in HIT Sincerely, for the legislation. If we can be of any fur- will improve the quality of care, while re- AdvaMed. ther assistance, please contact Mr. Dave turning savings through reductions in clin- American College of Physicians. Roberts, HIMSS Director of Public Policy. ical and administrative costs over time. American Health Information Management Sincerely, We applaud your leadership and look for- Association. H. STEPHEN LIEBER, ward to working with you to provide incen- Altarum Institute. President & CEO. tives for adoption of modern health informa- Axolotl Corp. PAMELA R. WIRTH, tion technology to improve the quality of Delmarva Foundation. Chairperson of the healthcare. Dell Inc. Board, HIMSS, Vice Very truly yours, DiagnosisOne. President, Soarian SCOTT DECKER, Federation of American Hospitals. Medical Solutions, President and Chief Healthcare Information and Management Siemens Medical Executive Officer. Systems Society. Systems. JONATHAN TEICH, Greenway Medical Technologies. Sr. Vice President and HealthInsight. VERIZON, Chief Medical Offi- Healthgate. Washington, DC, June 13, 2005. cer. Healthvision. Senator OLYMPIA J. SNOWE, IBM. Senator DEBBIE A. STABENOW, eHEALTH INITIATIVE, Inland Northwest IHealth Services. U.S. Senate, Washington, DC, June 9, 2005. Kryptiq. Washington, DC. Hon. DEBBIE STABENOW, Lumetra. U.S. Senate, Medical Review of North Carolina. DEAR SENATORS SNOWE AND STABENOW: On Washington, DC. Microsoft Corporation. behalf of Verizon, I applaud your introduc- Hon. OLYMPIA SNOWE, Misys Healthcare Systems. tion of the Health Information Technology U.S. Senate, National Alliance for Primary Care Act of 2005. This legislation recognizes the Washington, DC. Informatics. vital role of information technology im mak- DEAR SENATORS STABENOW and SNOWE: The National Business Coalition on Health. ing a difference in improving quality and re- eHealth Initiative and the eHealth Initiative Partners Healthcare System. ducing the cost of health care, both of which Foundation, a multi-stakeholder consortium Siemens Corporation. are important to Verizon, as well as the Na- dedicated to driving improvement in the Philips Medical Systems. tion. Verizon has a vital stake in seeing im- quality, safety, and efficiency of healtcare WebMD Corporation. provements in the health care system, as we through information and information tech- provide health care coverage for over 800,000 nology, congratulate you for introducing HIMSS® employees, retirees and their dependents. We The Health Information Technology Act of Chicago, IL, June 9, 2005. hope the health care system can benefit from 2005. This legislation would provide grants to Hon. DEBBIE STABENOW, the technologies that have worked so well in physicians, hospitals and skilled nursing fa- U.S. Senate, transforming our industry. cilities for purposes of improving patient Washington, DC. In particular, we appreciate your recogni- safety and reducing medical errors. Hon. OLYMPIA SNOWE, The Health Information Technology Act of U.S. Senate, tion of telecommunications technology and 2005 recognizes the key role played by health Washington, DC. its significance in improving quality and pa- information technology (HIT) to improve DEAR SENATORS STABENOW AND SNOWE: On tient safety. Verizon believes that broad- healthcare by providing incentives for pro- behalf of the Healthcare Information and band, wireless and other telecommunications viders to adopt HIT, promoting the adoption Management Systems Society and our 15,000 services can also make a real difference in of national data and health communication individual and over 260 corporate members reducing barriers and improving access to standards to facilitate interoperability, and 45 chapters nationwide, we are pleased to quality health care. We look forward to leveraging federal investments in Medicare support the Health Information Technology working with you in passing this important and Medicaid and creating special set asides Act of 2005. HIMSS members are very aware piece of legislation to improve the health for certain groups including rural providers of the need for catalyst legislation to im- care system. and health professional shortage areas. prove patient safety and cost effective ANDREW M. MEKELBURG, Legislation to encourage the adoption of healthcare in the U.S. Legislation like the Vice President, health information technology to improve Health Information Technology Act of 2005 Federal Government Relations.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12313 ALTARUM, wait. When we also consider the esca- ers, and that—no matter what may Ann Arbor, MI, June 5, 2005. lating cost of health care in this coun- happen in the future to a vendor—the Hon. DEBBIE STABENOW, try, we must recognize that this level huge investment one makes in building U.S. Senate, of growth in spending has created a cri- an electronic medical record won’t be Washington, DC. DEAR SENATOR STABENOW: I am writing to sis. Information technology is one solu- lost. In other words, your system must convey to you Altarum Institute’s strong tion, and this legislation will assert be able to communicate with other sys- support for the Health Information Tech- the federal government’s role in pro- tems, and your investment in building nology Act, which you are about to intro- viding leadership in this area and pro- electronic medical records must be pre- duce into the United States Senate. vide financial incentives to spur rapid served. So when a patient moves, their As you well know, Altarum is now helping adoption of information technology in electronic ‘‘chart’’ should be able to the state of Michigan to define, develop and deploy the Michigan Health Information medicine. Our legislation is necessary move right along with them, and their Network—the underlying technical, stand- because as a nation we face two stark continuity of care shouldn’t be inter- ards and governance foundation that will en- problems. rupted. sure that promising health information tech- The first of these is a serious patient Yet standards alone aren’t enough. nology efforts across the state are both safety problem. The good news is that Today many providers are struggling interoperable and sustainable. solutions exist: We have the techno- to make these investments, and for While with the MHIN we help to prepare logical ability to dramatically reduce those which serve beneficiaries of the ‘‘foundation’’ upon which these health IT applications will rest, your bill takes a tre- medical errors and thus save lives. Medicare, Medicaid and SCHIP, it can mendous stride forward in helping Many have heard about how drug inter- be exceedingly difficult. healthcare providers actually make these actions can be avoided by software sys- The legislation which we are intro- health IT tools a part of how they do their tems which check a patient’s prescrip- ducing today will bring the solution business. We sincerely hope and trust that tions for hazards. Yet there are so within our reach. In the last Congress I providers who, due to the grant programs en- many other applications which can im- worked with Senator BOB GRAHAM to visioned in your bill, can begin to see their prove health. For example, by review- introduce legislation which provided a way clear to adopting health IT tools in ing and analyzing information, a grants program to give assistance to their practices will be ready to work as part of a broader community to ensure interoper- health provider can help a patient bet- hospitals and long term care facilities ability, common standards and a governing ter manage chronic diseases such as di- to enable investment in IT. As I join model such as the MHIN will provide. abetes and heart disease, and avoid ad- today with Senator STABENOW to intro- Your leadership in this critically impor- verse outcomes. duce this legislation, we have made tant area is both timely and appreciated. We Our second major problem is the es- several crucial enhancements to the look forward to consideration and passage of calating cost of health care. Costs are previous bill. The legislation now in- the Health Information Technology Act. reduced when tests don’t have to be re- cludes both federally-qualified health Sincerely, peated and data isn’t delayed. In fact, a centers and community mental health KENNETH R. BAKER, President. patient may obtain faster, higher qual- centers as eligible to receive IT grants. ity care when, for example, multiple In addition, physician practices can MICHIGAN HEALTH practitioners can review diagnostic also participate. All three are key & HOSPITAL ASSOCIATION, test results right at their desktops. In treatment environments where both Lansing, MI, June 8, 2005. an age where millions of Americans costs and errors must be addressed. Hon. DEBBIE STABENOW, share family pictures over the internet Our new legislation even provides an U.S. Senate, in seconds, isn’t it long past time that alternative to those for-profit pro- Washington, DC. a physician should be able to retrieve DEAR SENATOR STABENOW, The Michigan viders who do not wish to apply for a Health & Hospital Association welcomes an x-ray just as easily? grant. Under this bill, such providers your efforts to assist with the capital invest- The President certainly recognizes will be able to expense the cost of a ment requirements hospitals face for health the disparity in technology in health qualified system. information technology. The MHA supports versus other parts of our economy. He The legislation supports expenditures your pending legislation, The Health Infor- has declared a goal for every American for a variety of expenses required to mation Technology Act of 2005, which would to have an electronic medical record implement health care information provide needed funding for new health IT de- within 10 years. I concur—we need this technology. These include such compo- sign, purchase and collaboration, as well as and more. In fact, once that record is recognition of these costs within the Medi- nents as computer hardware and soft- care reimbursement system. This issue will in place we can do so many things bet- ware, plus installation and training continue to develop in importance for Michi- ter. From preventing drug inter- costs. In addition, when installed we gan hospitals and we look forward to work- actions, to managing chronic diseases, require that every system must meet ing with you to identify how best to provide to simply helping providers operate the HHS Secretary’s interoperability federal assistance for technology infrastruc- more efficiently. Most of us have been standards. ture, while keeping patient-focused safety told at one time or another, ‘‘we’re We know we will realize significant and quality improvement as the primary waiting to get the test results mailed’’, savings through information tech- goal for all concerned. Thank you for your continued support. I or ‘‘we’re still waiting for your chart’’. nology. On that there is bipartisan con- may be reached at 517/703–86009 if you would Health care is one of the last bastions sensus. Yet as providers are facing even like to discuss this matter in further detail. of such inefficiency. declining payment rates, they also are Sincerely, The bad news is that high start-up told they must institute changes in the BRIAN PETERS, costs and a lack of standards have pre- way they practice, including imple- Senior Vice President, Advocacy. vented us from reaping the benefits of menting information technology. We Ms. SNOWE. Mr. President, today I new technologies. I am certainly look- know that much of the savings in join my colleague, Senator STABENOW ing forward to the progress we will health care IT will accrue to the pa- of Michigan, in introducing the make with Dr. David Brailer heading tient and payer—in such aspects as ‘‘Health Information Technology Act the new Office of the National Coordi- fewer duplicate tests, greater effi- of 2005’’, which will serve to improve nator for Health Information Tech- ciency, and better health management. the quality of health care through im- nology at the Department of Health Thus it is appropriate that the Federal plementation of information tech- and Human Services. The President has Government would assist with the nology; IT, in hospitals, health centers made technology implementation a often prohibitive start-up costs—par- and physician practices throughout the priority, and there is no doubt that a ticularly for those who serve bene- country. At a time when the Institute lack of standards has prevented IT ficiaries of Medicare, Medicaid and of Medicine (IOM) has reported that up adoption by many health care pro- SCHIP. to 98,000 Americans die each year due viders. One must know that a system I again want to stress the first goal to medical errors, we cannot afford to purchased will be compatible with oth- of this legislation: To help build a safer

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12314 CONGRESSIONAL RECORD—SENATE June 13, 2005 medical-delivery system. The great (4) ELIGIBLE ENTITY DEFINED.—For purposes (B) skilled nursing facilities are used for successes of our health care system are of this section, the term ‘‘eligible entity’’ making grants to such facilities that are lo- largely due to our highly committed means the following entities: cated exclusively in an applicable area; and talented health care professionals. (A) HOSPITAL.—A hospital (as defined in (C) Federally qualified health centers are section 1861(e) of the Social Security Act (42 used for making grants to such centers that The problem we are addressing today is U.S.C. 1395x(e))). are located exclusively in an applicable area; not theirs, but is an endemic weakness (B) CRITICAL ACCESS HOSPITAL.—A critical (D) physicians and physician group prac- of the system they depend upon. How- access hospital (as defined in section tices are used for making grants to physi- ever, to utilize the solution, the Fed- 1861(mm)(1) of such Act (42 U.S.C. cians and such practices that are located ex- eral Government must step forward 1395x(mm)(1))). clusively in an applicable area; and and provide the leadership necessary to (C) SKILLED NURSING FACILITY.—A skilled (E) community mental health centers are make system changes a reality. nursing facility (as defined in section 1819(a) used for making grants to such centers that When the Medicare and Medicaid proof such Act (42 U.S.C. 1395i–3(a))). are located exclusively in an applicable area. (D) FEDERALLY QUALIFIED HEALTH CEN- grams began, we could only have (2) AVAILABILITY OF RESERVE FUNDS IF LIM- TER.—A Federally qualified health center (as dreamed about computerized clinical ITED NUMBER OF ENTITIES APPLY FOR RE- defined in section 1861(aa)(4) of such Act (42 SERVED GRANTS.—If the Secretary estimates information systems. Now, today, we U.S.C. 1395x(aa)(4))). that the amount of funds reserved under sub- have this technology at our disposal, (E) PHYSICIAN.—A physician (as defined in paragraph (A), (B), (C), (D), or (E) of para- and I strongly believe that we cannot section 1861(r) of such Act (42 U.S.C. graph (1) for the type of entity involved ex- afford to delay implementation. I hope 1395x(r))). ceeds the maximum amount of funds per- my colleagues will join us in support of (F) PHYSICIAN GROUP PRACTICE.—A physi- mitted for such entities under subsection (e), this legislation so we may soon achieve cian group practice. the Secretary may reduce the amount re- (G) COMMUNITY MENTAL HEALTH CENTER.—A served for such entities by an amount equal the goals of improving patient safety community mental health center (as defined and reducing our escalating health care to such excess and use such funds for award- in section 1861(ff)(3)(B) of such Act (42 U.S.C. ing grants to other eligible entities. costs. 1395x(ff)(3)(B))). There being no objection, the bill was (3) APPLICABLE AREA DEFINED.—For pur- (b) APPLICATION.— poses of paragraph (1), the term ‘‘applicable ordered to be printed in the RECORD, as (1) IN GENERAL.—An eligible entity seeking area’’ means— a grant under this section shall submit an follows: (A) an area that is designated as a health application to the Secretary at such time, in S. 1227 professional shortage area under section such form and manner, and containing the Be it enacted by the Senate and House of Rep- 332(a)(1)(A) of the Public Health Service Act; information described in paragraph (2). resentatives of the United States of America in (B) a rural area (as such term is defined for (2) INFORMATION DESCRIBED.—The informa- Congress assembled, purposes of section 1886(d) of the Social Se- tion described in this paragraph is the fol- curity Act (42 U.S.C. 1395ww(d))); or SECTION 1. SHORT TITLE. lowing information: (C) a rural census tract of a metropolitan This Act may be cited as the ‘‘Health In- (A) A description of— statistical area (as determined under the formation Technology Act of 2005’’. (i) the clinical health care informatics sys- most recent modification of the Goldsmith SEC. 2. INFORMATICS SYSTEMS GRANT PRO- tem and services that the eligible entity in- GRAM. tends to implement with the assistance re- Modification, originally published in the (a) GRANTS.— ceived under this section; and Federal Register on February 27, 1992 (57 (1) IN GENERAL.—The Secretary of Health (ii) how the system will improve quality in Fed. Reg. 6725)). and Human Services (in this section referred health care and patient safety, including es- (e) AMOUNT OF GRANT.— to as the ‘‘Secretary’’) shall establish a pro- timates of the impact on the health of, and (1) AMOUNT.— gram to award grants to eligible entities the health costs associated with the treat- (A) IN GENERAL.—Subject to subparagraph that have submitted applications in accord- ment of, patients with heart disease, cancer, (B) and paragraph (2), the Secretary shall de- ance with subsection (b) for the purpose of stroke, diabetes, chronic obstructive pul- termine the amount of a grant awarded assisting such entities in offsetting the costs monary disease, asthma, or any other dis- under this section. incurred after December 31, 2004, that are re- ease or condition specified by the Secretary. (B) CONSIDERATION.—In determining the lated to clinical health care informatics sys- (B) Any additional information that the amount of a grant under this section, the tems and services designed to improve qual- Secretary may specify. Secretary shall take into account the ability ity in health care and patient safety. (c) PRIORITY FOR CERTAIN ELIGIBLE ENTI- to take an expense deduction for health care (2) DURATION.—The authority of the Sec- TIES.—In awarding grants under this section, informatics system expenses under section retary to make grants under this section the Secretary shall give priority— 179C of the Internal Revenue Code of 1986, as shall terminate on September 30, 2010. (1) first, to eligible entities— added by section 5. (3) COSTS DEFINED.—For purposes of this (A) that are exempt from tax under section (2) LIMITATION.— section, the term ‘‘costs’’ shall include total 501(a) of the Internal Revenue Code of 1986; (A) IN GENERAL.—A grant awarded under expenditures incurred for— and this section may not exceed the lesser of— (A) purchasing, leasing, and installing (B)(i) in which the total of individuals that (i) an amount equal to the applicable per- computer software and hardware, including are eligible for benefits under the medicare centage of the costs incurred by the eligible handheld computer technologies, and related program under title XVIII of the Social Se- entity for the project for which the entity is services; curity Act, the medicaid program under title seeking assistance under this section; or (B) making improvements to existing com- XIX of such Act, or under the State chil- (ii) in the case of a grant made to— puter software and hardware; dren’s health insurance program under title (I) a hospital or a critical access hospital, (C) purchasing or leasing communications XXI of such Act make up a high percentage $1,000,000; capabilities necessary for clinical data ac- (as determined appropriate by the Secretary) (II) a skilled nursing facility, $200,000; cess, storage, and exchange; of the total patient population of the entity; (III) a Federally qualified health center, (D) services associated with acquiring, im- or $150,000; plementing, operating, or optimizing the use (ii) that provide services to a large number (IV) a physician, $15,000; of new or existing computer software and (as determined appropriate by the Secretary) (V) a physician group practice, an amount hardware and clinical health care of such individuals; equal to $15,000 multiplied by the number of informatics systems; (2) then, to eligible entities that meet the physicians in the practice; or (E) providing education and training to eli- requirement under clause (i) or (ii) of para- (VI) a community mental health center, gible entity staff on information systems graph (1)(B); and $75,000. and technology designed to improve patient (3) then, to other eligible entities. (B) APPLICABLE PERCENTAGE.—For purposes safety and quality of care; and (d) RESERVE FUNDS FOR ENTITIES IN HEALTH of subparagraph (A)(i), the term ‘‘applicable (F) purchasing, leasing, subscribing, inte- PROFESSIONAL SHORTAGE AREAS OR RURAL percentage’’ means, with respect to an eligi- grating, or servicing clinical decision sup- AREAS.— ble entity for the period involved, the per- port tools that— (1) IN GENERAL.—Subject to paragraph (2), centage of total revenues (excluding grants (i) integrate patient-specific clinical data the Secretary shall ensure that at least 20 and gifts from Federal, State, local govern- with well-established national treatment percent of the funds available for making ment, and private sources) for such period guidelines; and grants under this section to— that consists of total revenues from the (ii) provide ongoing continuous quality im- (A) hospitals and critical access hospitals medicare program, the medicaid program, provement functions that allow providers to are used for making grants to such hospitals and the State children’s health insurance assess improvement rates over time and that are located exclusively in an applicable program under titles XVIII, XIX, and XXI, against averages for similar providers. area; respectively, of the Social Security Act.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12315

(f) REQUIREMENTS.— through 2010, for the purpose of making curity Act (42 U.S.C. 1395 et seq.) are ad- (1) COMPLIANT WITH STANDARDS.—A clinical grants under this section to eligible entities justed to reflect provider quality and effi- health care informatics system funded under that are skilled nursing facilities. ciency. this section and placed in service on or after (3) FEDERALLY QUALIFIED HEALTH CEN- (d) RULE OF CONSTRUCTION.—In making na- the date the standards are adopted under TERS.—There are appropriated from the Fed- tional coverage determinations under sec- section 4 shall be compliant with such stand- eral Supplementary Medical Insurance Trust tion 1862(a) of the Social Security Act (42 ards. Fund under section 1841 of the Social Secu- U.S.C. 1395y(a)) with respect to maintaining (2) FURNISHING THE SECRETARY WITH INFOR- rity Act (42 U.S.C. 1395t) $40,000,000, for each health information technology and services MATION.— of the fiscal years 2006 through 2010, for the with patient-specific applications, in deter- (A) IN GENERAL.—An eligible entity receiv- purpose of making grants under this section mining whether the health information tech- ing a grant under this section shall furnish to eligible entities that are Federally quali- nology and services are reasonable and nec- the Secretary with such information as the fied health centers. essary for the diagnosis or treatment of ill- Secretary may require to— (4) PHYSICIANS.—There are appropriated ness or injury or to improve the functioning (i) evaluate the project for which the grant from the Federal Supplementary Medical In- of a malformed body member, the Secretary is made; and surance Trust Fund under section 1841 of the shall consider whether the health information technology and services improve the (ii) ensure that assistance provided under Social Security Act (42 U.S.C. 1395t) health of medicare beneficiaries, including the grant is expended for the purposes for $400,000,000, for each of the fiscal years 2006 the improvement of clinical outcomes or which it is made. through 2010, for the purpose of making cost-effectiveness of treatment. (B) COORDINATION.—The Secretary shall en- grants under this section to eligible entities that are physicians or physician group prac- (e) DEFINITIONS.—In this section: sure that the requirements for furnishing in- (1) PROVIDER OF SERVICES.—The term ‘‘pro- tices. formation under subparagraph (A) are co- vider of services’’ has the meaning given (5) COMMUNITY MENTAL HEALTH CENTERS.— ordinated with other requirements for fur- that term under section 1861(u) of the Social There are appropriated from the Federal nishing information to the Secretary that Security Act (42 U.S.C. 1395x(u)). Supplementary Medical Insurance Trust the eligible entity is subject to. (2) SUPPLIER.—The term ‘‘supplier’’ has the Fund under section 1841 of the Social Secu- (g) STUDIES.—The Secretary shall conduct meaning given that term under section rity Act (42 U.S.C. 1395t) $20,000,000, for each studies to— 1861(d) of such Act (42 U.S.C. 1395x(d)). (1) evaluate the use of clinical health care of the fiscal years 2006 through 2010, for the purpose of making grants under this section SEC. 4. INTEROPERABILITY. informatics systems and services imple- (a) DEVELOPMENT AND ADOPTION OF STAND- to eligible entities that are community men- mented with assistance under this section to ARDS.— tal health centers. measure and report quality data based on ac- (1) IN GENERAL.—Not later than 2 years cepted clinical performance measures; and SEC. 3. ADJUSTMENTS TO MEDICARE PAYMENTS after the date of enactment of this Act, the FOR HEALTH INFORMATION TECH- (2) assess the impact of such systems and Secretary of Health and Human Services (in services on improving patient care, reducing NOLOGY ENABLED QUALITY SERV- ICES. this section referred to as the ‘‘Secretary’’) costs, and increasing efficiencies. (a) ADJUSTMENTS.—The Secretary of shall provide for the development and adop- (h) REPORTS.— Health and Human Services (in this section tion under programs administered by the (1) INTERIM REPORTS.— referred to as the ‘‘Secretary’’) shall estab- Secretary of national data and communica- (A) IN GENERAL.—The Secretary shall sub- lish a methodology for making adjustments tion health information technology stand- mit, at least annually, a report to the appro- in payment amounts under title XVIII of the ards that promote the efficient exchange of priate committees of Congress on the grant Social Security Act (42 U.S.C. 1395 et seq.) data between varieties of provider health in- program established under this section. made to providers of services and suppliers formation technology systems. In carrying (B) CONTENTS.—A report submitted pursu- who— out the preceding sentence, the Secretary ant to subparagraph (A) shall include infor- (1) furnish items or services for which pay- may adopt existing standards consistent mation on— ment is made under such title; and with standards established under subsections (i) the number of grants made; (2) in the course of furnishing such items (b)(2)(B)(i) and (e)(4) of section 1860D–4 of the (ii) the nature of the projects for which as- and services, use health information tech- Social Security Act (42 U.S.C. 1395w–104). sistance is provided under the grant pro- nology and technology services with patient- (2) REQUIREMENTS.—The standards devel- gram; specific applications that the Secretary de- oped and adopted under paragraph (1) shall (iii) the geographic distribution of grant termines improves the quality and accuracy be designed to— recipients; of clinical decision-making, compliance, (A) enable health information technology (iv) the impact of the projects on the health care delivery, and efficiency, such as to be used for the collection and use of clini- health of, and the health costs associated electronic medical records, electronic pre- cally specific data; with the treatment of, patients with heart scribing, clinical decision support tools inte- (B) promote the interoperability of health disease, cancer, stroke, diabetes, chronic ob- grating well-established national treatment care information across health care settings, structive pulmonary disease, asthma, or any guidelines with continuous quality improve- including reporting to the Secretary and other disease or conditions specified by the ment functions, and computerized physician other Federal agencies; and Secretary; order entry with clinical decision-support (C) facilitate clinical decision support (v) the results of the studies conducted capabilities. through the use of health information tech- under subsection (g); and (b) REQUIREMENTS.—The methodology es- nology. (vi) such other matters as the Secretary tablished under subsection (a) shall— (b) IMPLEMENTATION OF PROCEDURES FOR determines appropriate. (1) include the establishment of new codes, THE SECRETARY TO ACCEPT DATA USING (2) FINAL REPORT.—Not later than 180 days modification of existing codes, and adjust- STANDARDS.— after the completion of all of the projects for ment of evaluation and management modi- (1) DATA FROM NEW HEALTH CARE REPORTING which assistance is provided under this sec- fiers to such codes, that take into account REQUIREMENTS.—Not later than January 1, tion, the Secretary shall submit a final re- the costs of acquiring, using, and maintain- 2008, the Secretary shall implement proce- port to the appropriate committees of Con- ing health information technology and serv- dures to enable the Department of Health gress on the grant program established under ices with patient-specific applications; and Human Services to accept the optional this section, together with such rec- (2) first address adjustments for payments submission of data derived from health care ommendations for legislation and adminis- for items and services related to the diag- reporting requirements established after the trative action as the Secretary determines nosis or treatment of heart disease, cancer, date of enactment of this Act using data appropriate. stroke, diabetes, chronic obstructive pul- standards adopted under this section. (i) FUNDING.— monary disease (COPD), and other diseases (2) DATA FROM ALL REQUIREMENTS.— (1) HOSPITALS.—There are appropriated and conditions that result in high expendi- (A) IN GENERAL.—Not later than January 1, from the Federal Hospital Insurance Trust tures under the medicare program and for 2010, the Secretary shall implement proce- Fund under section 1817 of the Social Secu- which effective health information tech- dures to enable the Department of Health rity Act (42 U.S.C. 1395i) $250,000,000, for each nology exists; and and Human Services to accept the optional of the fiscal years 2006 through 2010, for the (3) take into account estimated aggregate submission of data derived from all health purpose of making grants under this section annual savings in overall payments under care reporting requirements using data to eligible entities that are hospitals or crit- such title XVIII attributable to the use of standards adopted under this section. ical access hospitals. health information technology and services (B) LIMITATION.— (2) SKILLED NURSING FACILITIES.—There are with patient-specific applications. (i) IN GENERAL.—On and after January 1, appropriated from the Federal Hospital In- (c) DURATION.—The Secretary may reduce 2010, if an entity or individual elects to sub- surance Trust Fund under section 1817 of the or eliminate adjustments made to payments mit data to the Secretary using data stand- Social Security Act (42 U.S.C. 1395i) pursuant to subsection (a) as payment meth- ards adopted under this section, the Sec- $100,000,000, for each of the fiscal years 2006 odologies under title XVIII of the Social Se- retary, subject to clause (ii), may not require

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12316 CONGRESSIONAL RECORD—SENATE June 13, 2005 such entity or individual to also submit such ‘‘(C) GRANTS, ETC. EXCLUDED.—The term smog, the United States must diversify data in an additional format. ‘qualified health care informatics system ex- its energy supply by promoting the (ii) EXCEPTION.—The Secretary may pro- penditure’ shall not include any amount to growth of renewable energy. vide for an exception, not to exceed 2 years, the extent such amount is funded by any Since 1999, Las Vegas electricity to the limitation under clause (i) with re- grant, contract, or otherwise by another per- spect to certain types of data if the Sec- son (or any governmental entity). rates have increased by 50 percent. In retary determines that such an exception is ‘‘(2) QUALIFIED HEALTH CARE INFORMATICS the same time period, natural gas appropriate. SYSTEM.—The term ‘qualified health care prices across Nevada rose 45 percent. SEC. 5. ELECTION TO EXPENSE HEALTH CARE informatics system’ means a system which— We need to change the energy equa- INFORMATICS SYSTEMS. ‘‘(A) has been individually approved by the tion. We need to diversify the nation’s (a) IN GENERAL.—Part VI of subchapter B Secretary of Health and Human Services for energy supply to reduce volatility and of chapter 1 of the Internal Revenue Code of purposes of this section, ensure a stable supply of electricity. 1986 (relating to itemized deductions for indi- ‘‘(B) consists of electronic health record We must harness the brilliance of the systems and other health information tech- viduals and corporations) is amended by in- sun, the strength of the wind, and the serting after section 179B the following new nologies, and section: ‘‘(C) meets the standards adopted by the heat of the Earth to provide clean re- ‘‘SEC. 179C. HEALTH CARE INFORMATICS SYS- Secretary of Health and Human Services newable energy for our Nation. TEMS EXPENDITURES. under section 4 of the Health Information Mr. President, I rise today to intro- ‘‘(a) TREATMENT OF EXPENDITURES.— Technology Act of 2005 by not later than the duce a bill with Senators FEINSTEIN, ‘‘(1) IN GENERAL.—An eligible entity may date which is 60 days after the date of the CANTWELL, SNOWE, JEFFORDS, LIEBER- elect to treat any qualified health care adoption of such standards. MAN and KERRY that expands the exist- informatics system expenditure which is ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ing Section 45 production tax credit for paid or incurred by the taxpayer as an ex- entity’ has the meaning given such term by renewable energy resources to cover all pense which is not chargeable to capital ac- section 2(a)(4) of the Health Information count. Any expenditure which is so treated Technology Act of 2005. renewable energy resources. Our legis- shall be allowed as a deduction. ‘‘(4) PROPERTY USED OUTSIDE THE UNITED lation accomplishes this by ensuring ‘‘(2) ELECTION.—An election under para- STATES, ETC., NOT QUALIFIED.—No expendi- that geothermal, incremental geo- graph (1) shall be made under rules similar tures shall be taken into account under sub- thermal, solar, open-loop biomass, in- to the rules of section 179(c). section (a)(1) with respect to the portion of cremental hydropower, landfill gas, ‘‘(b) LIMITATIONS.— the cost of any property referred to in sec- and animal waste to the list of renew- ‘‘(1) DOLLAR LIMITATION.—With respect to tion 50(b) or with respect to the portion of able energy resources that would qual- any eligible entity, the aggregate cost which the cost of any property specified in an elec- ify for a production tax credit. tion under section 179. may be taken into account under subsection Our legislation also makes the pro- (a)(1) for any taxable year shall not exceed, ‘‘(5) ORDINARY INCOME RECAPTURE.—For when added to any cost taken into account purposes of section 1245, the amount of the duction tax credit permanent to signal under this section in any preceding taxable deduction allowable under subsection (a)(1) America’s longterm commitment to re- year, the dollar amount specified under sec- with respect to any property which is of a newable energy resources. The existing tion 2(e)(2)(A)(ii) of the Health Information character subject to the allowance for depre- production tax credit will expire at the Technology Act of 2005. ciation shall be treated as a deduction al- end of the year. Since it inception in ‘‘(2) APPLICABLE RULES.—For purposes of lowed for depreciation under section 167.’’. 1992, the production tax credit has ex- this subsection, rules similar to the rules of (b) CONFORMING AMENDMENTS.— pired and been renewed three times—in (1) Section 263(a)(1) of the Internal Rev- paragraphs (3) and (4) of subsection (b) and 1999, 2001, and 2004. Development of paragraphs (6), (7), and (8) of subsection (d) of enue Code of 1986 (relating to capital expend- section 179 shall apply. itures) is amended by striking ‘‘or’’ at the wind energy has closely mirrored these ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For end of subparagraph (H), by striking the pe- renewal cycles. Clearly, the private in- purposes of this section— riod at the end of subparagraph (I) and investment necessary to develop renew- ‘‘(1) QUALIFIED HEALTH CARE INFORMATICS serting ‘‘, or’’, and by adding at the end the able energy resources requires the busi- SYSTEM EXPENDITURES.— following new subparagraph: ness certainty afforded by a long-term ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(J) expenditures for which a deduction is extension of the production tax credit. health care informatics system expenditure’ allowed under section 179C.’’. Our bill allows for co-production cred- means, with respect to any taxable year, any (2) The table of sections for part VI of sub- direct or indirect costs incurred and properly chapter A of chapter 1 of such Code is its to encourage blending of renewable taken into account with respect to the pur- amended by inserting after the item relating energy with traditional fuels and pro- chase or installation of equipment and facili- to section 190 the following new item: vides a credit for renewable facilities ties relating to any qualified health care ‘‘Sec. 179C. Health care informatics system on Native American and Native Alas- informatics system. Such term shall include expenditures.’’. kan lands. so much of the purchase price paid by the (c) EFFECTIVE DATE.—The amendments In northern Nevada, the Pyramid lessor of equipment and facilities subject to made by this section shall apply to property Lake Paiute Tribe is working with Ad- a lease described in subparagraph (B)(ii) as is placed in service after December 31, 2004. vanced Thermal Systems to develop attributable to expenditures incurred by the SEC. 6. SENSE OF THE SENATE. geothermal resources on Indian lands lessee which would otherwise be described in It is the sense of the Senate that the provi- the preceding sentence. that will spur economic development sions of, and amendments made by, this Act by creating business opportunities and ‘‘(B) WHEN EXPENDITURES TAKEN INTO AC- should achieve deficit neutrality over the 5- COUNT.— year period beginning on October 1, 2005. jobs for tribal members. ‘‘(i) IN GENERAL.—Qualified health care This legislation also provides produc- informatics system expenditures shall be By Mr. REID (for himself, Mrs. tion incentives to not-for-profit public taken into account under this section only FEINSTEIN, Ms. CANTWELL, Ms. power utilities and rural electric co- with respect to equipment and facilities— SNOWE, Mr. JEFFORDS, Mr. LIE- operatives, which serve 25 percent of ‘‘(I) the original use of which commences the Nation’s power customers, by al- with the taxpayer, and BERMAN, and Mr. KERRY): ‘‘(II) which are placed in service after De- S. 1229. A bill to amend the Internal lowing them to transfer their credits to cember 31, 2004, and before October 1, 2010. Revenue Code of 1986 to extend, modify, taxable entities. The good news is that ‘‘(ii) SALE-LEASEBACKS.—For purposes of and expand the credit for electricity the production tax credit for renewable clause (i), if property— produced from renewable resources and energy resources really works to pro- ‘‘(I) is originally placed in service after De- waste products, and for other purposes; mote the growth of renewable energy. cember 31, 2004, and before October 1, 2010, by to the Committee on Finance. In 1990, the cost of wind energy was any person, and Mr. REID. Faced with uncertainties 22.5 cents per kilowatt hour and, today, ‘‘(II) sold and leased back by such person in electricity energy markets, turmoil with new technology and the help of a within 3 months after the date such property in the Middle East, the need to cut modest production tax credit, wind is a was originally placed in service, such property shall be treated as originally back on the fossil fuel emissions linked competitive energy source at approxi- placed in service not earlier than the date on to global warming, air pollution that mately 5.5 cents per kilowatt hour. In which such property is used under the lease- contributes to high rates of asthma the last 5 years, wind energy has expe- back referred to in subclause (II). and fills even our national parks with rienced a 30 percent growth rate. The

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12317 production tax credit provides 1.8 cents Medical studies have revealed an (2) FULL CREDIT RATE FOR ALL FACILITIES for every kilowatt-hour of electricity alarming link between soot particles PLACED IN SERVICE AFTER DATE OF ENACT- produced. Similar to wind energy, this from power plants and motor vehicles MENT.—Section 45(b)(4)(A) (relating to credit credit will allow geothermal energy, and lung cancer and heart disease. The rate) is amended by inserting ‘‘and placed in incremental hydropower, and landfill service before the date of the enactment of adverse health effects of power plant the Renewable Energy Incentives Act’’ after gas to immediately compete with fossil and vehicle emissions cost Americans ‘‘subsection (d)’’. fuels, while biomass will follow closely billions of dollars in medical care, and (c) FULL CREDIT PERIOD FOR ALL FACILITIES behind. The Department of Energy es- our cost in human suffering is immeas- PLACED IN SERVICE AFTER DATE OF ENACT- timates that we could increase our geo- urable. Simply put, the human cost of MENT.—Section 45(b)(4)(B)(i) (relating to thermal energy production almost ten- dirty air is staggering. If we factor in credit period) is amended by inserting ‘‘and fold, supplying ten percent of the en- environmental and health effects, the placed in service before the date of the energy needs of the West. As fantastic as real cost of energy becomes apparent, actment of the Renewable Energy Incentives it sounds, enough sunlight falls on 100 Act’’ after ‘‘subsection (d)’’ and renewable energy becomes the fuel (d) EXPANSION OF QUALIFIED RESOURCES.— square miles of southern Nevada that— of choice. if covered with solar panels—could (1) IN GENERAL.—Section 45(c)(1) (defining America’s abundant and untapped re- qualified energy resources) is amended by power the entire Nation. newable resources can fuel our journey striking ‘‘and’’ at the end of subparagraph Let’s never lose sight of the fact that into a more prosperous and safer to- (F), by striking the period at the end of sub- renewable energy resources are domes- morrow without compromising air and paragraph (G) and inserting a comma, and by tic sources of energy, and using them water quality. Renewable energy is a adding at the end the following new subpara- instead of foreign sources contributes critical component of a successful, for- graphs: to our energy security. Renewables ‘‘(H) incremental geothermal energy pro- ward-looking, and secure energy policy provide fuel diversify and price sta- duction, and for the 21st Century. bility. After all, the fuel—from the ‘‘(I) incremental hydropower production.’’. Mr. President, I ask unanimous con- wind, the sun, and heat from the core (2) DEFINITION OF RESOURCES.—Section 45(c) sent that the text of the bill be printed (relating to qualified energy resources and of the earth—cost nothing. And they in the RECORD. refined coal) is amended by adding at the end provide jobs, especially in rural areas There being no objection, the bill was the following new paragraphs: that have been largely left out of ‘‘(8) INCREMENTAL GEOTHERMAL PRODUC- America’s recent economic growth. ordered to be printed in the RECORD, as follows: TION.— The production tax credit for renew- ‘‘(A) IN GENERAL.—The term ‘incremental able energy resources is a powerful, S. 1229 geothermal production’ means for any tax- fast-acting stimulus to the economy. Be it enacted by the Senate and House of Rep- able year the excess of— According to the Western Governors resentatives of the United States of America in ‘‘(i) the total kilowatt hours of electricity Association, the Department of Ener- Congress assembled, produced from an incremental geothermal gy’s Initiative to deploy 1,000 SECTION 1. SHORT TITLE; AMENDMENT OF 1986 facility described in subsection (d)(9), over CODE. ‘‘(ii) the average annual kilowatt hours Megawatts of concentrated solar power (a) SHORT TITLE.—This Act may be cited as produced at such facility for 5 of the pre- in the Southwestern area of the United the ‘‘Renewable Energy Incentives Act’’. vious 7 calendar years before the date of the States by the year 2006 would create (b) AMENDMENT OF 1986 CODE.—Except as enactment of this paragraph after elimi- approximately 10,000 jobs and esti- otherwise expressly provided, whenever in nating the highest and the lowest kilowatt mated expenditures of more than $3.7 this Act an amendment or repeal is ex- hour production years in such 7-year period. billion over 14 years. pressed in terms of an amendment to, or re- ‘‘(B) SPECIAL RULE.—A facility described in Nevada has already developed 200 peal of, a section or other provision, the ref- subsection (d)(9) which was placed in service megawatts of geothermal power, with a erence shall be considered to be made to a at least 7 years before the date of the enact- longer-term potential of more than section or other provision of the Internal ment of this paragraph shall commencing Revenue Code of 1986. with the year in which such date of enact- 2,500 megawatts; this development will ment occurs, reduce the amount calculated provide billions of dollars in private in- SEC. 2. EXTENSION, MODIFICATION, AND EXPAN- SION OF CREDIT FOR ELECTRICITY under subparagraph (A)(ii) each year, on a vestment and create thousands of jobs. PRODUCED FROM RENEWABLE RE- cumulative basis, by the average percentage Our production tax credit means imme- SOURCES AND WASTE PRODUCTS. decrease in the annual kilowatt hour produc- diate economic development and jobs. (a) PERMANENT EXTENSION.— tion for the 7-year period described in sub- In the U.S. today, we get 2 percent of (1) Paragraphs (1) and (2)(A)(i) of section paragraph (A)(ii) with such cumulative sum our electricity from renewable energy 45(d) are each amended by striking ‘‘, and be- not to exceed 30 percent. sources like wind, solar, geothermal, fore January 1, 2006’’. ‘‘(9) INCREMENTAL HYDROPOWER PRODUC- and biomass. But the potential for (2) Section 45(d)(2)(A)(ii) is amended by TION.— much greater supply is here. For exam- striking ‘‘before January 1, 2006, is originally ‘‘(A) IN GENERAL.—The term ‘incremental placed in service and’’ and insert ‘‘is’’. hydropower production’ means for any tax- ple, Nevada could use geothermal en- (3) Section 45(d)(3)(A) is amendedl able year an amount equal to the percentage ergy to meet one-third of its elec- (A) by striking ‘‘owned by the taxpayer’’, of total kilowatt hours of electricity pro- tricity needs, but today this source of (B) by inserting ‘‘owned by the taxpayer duced from an incremental hydropower facil- energy only supplies 2 percent. I am and’’ in clause (i)(I) after ‘‘is’’ ity described in subsection (d)(10) attrib- proud to say that Nevada has adopted (C) by striking ‘‘and before January 1, utable to efficiency improvements or addi- one of the most aggressive Renewable 2006’’ in clause (i)(I), and tions of capacity as determined under sub- Portfolio Standards in the Nation, re- (D) by striking ‘‘originally placed in serv- paragraph (B). quiring 15 percent of the State’s elec- ice before January 1, 2006’’ in clause (ii) and ‘‘(B) DETERMINATION OF INCREMENTAL HY- tricity needs be met by renewable en- inserting ‘‘owned by the taxpayer’’. DROPOWER PRODUCTION.—For purposes of sub- (4) Paragraphs (4), (5), (6), and (7) of section paragraph (A), incremental hydropower pro- ergy resources in 2013. 45(d) (relating to qualified facilities) are duction for any incremental hydropower fa- After pouring billions of dollars into amended by striking ‘‘and before January 1, cility for any taxable year shall be deter- oil and gas, we need to invest in a clean 2006’’ each place it appears. mined by establishing a percentage of aver- energy future. Fossil fuel plants pump (b) CREDIT RATE.— age annual hydropower production at the fa- over 11 million tons of pollutants into (1) INCREASE IN CREDIT RATE.— cility attributable to the efficiency improve- our air each year. Federal energy pol- (A) IN GENERAL.—Section 45(a)(1) is amendments or additions of capacity using the icy must promote reductions in green- ed by striking ‘‘1.5 cents’’ and inserting ‘‘1.9 same water flow information used to deter- house gas emissions. By including land- cents’’. mine an historic average annual hydropower fill gas in this legislation, we system- (B) CONFORMING AMENDMENTS.— production baseline for such facility. Such (i) Section 45(b)(2) is amended by striking percentage and baseline shall be certified by atically reduce the largest single ‘‘1.5 cent’’ and inserting ‘‘1.9 cent’’. the Federal Energy Regulatory Commission. human source of methane emissions in (ii) Section 45(e)(2)(B) is amended by in- For purposes of the preceding sentence, the the United States, effectively elimi- serting ‘‘(calendar year 2004 in the case of determination of incremental hydropower nating the greenhouse gas equivalent the 1.9 cent amount in subsection (a))’’ after production shall not be based on any oper- of 233 million tons of carbon dioxide. ‘‘1992’’. ational changes at such facility not directly

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12318 CONGRESSIONAL RECORD—SENATE June 13, 2005

associated with the efficiency improvements ‘‘(6) INCREASED CREDIT FOR QUALIFIED FA- ‘‘(D) TREATMENT OF UNRELATED PERSONS.— or additions of capacity.’’. CILITY LOCATED WITHIN QUALIFIED INDIAN For purposes of subsection (a)(2)(B), sales (3) FACILITIES.—Section 45(d) (relating to LAND.—In the case of a qualified facility de- among and between persons described in sub- qualified facilities) is amended by adding at scribed in any paragraph of subsection (d) paragraph (A)(ii) shall be treated as sales be- the end the following new paragraphs: (other than paragraphs (1), (2) and (8)) tween unrelated parties.’’. ‘‘(9) INCREMENTAL GEOTHERMAL FACILITY.— which— (2) CREDITS NOT REDUCED BY TAX-EXEMPT In the case of a facility using incremental ‘‘(A) is located within— BONDS OR CERTAIN OTHER SUBSIDIES.—Section geothermal to produce electricity, the term ‘‘(i) qualified Indian lands (as defined in 45(b)(3) (relating to credit reduced for grants, ‘qualified facility’ means any facility owned section 7871(c)(3)), or tax-exempt bonds, subsidized energy financ- by the taxpayer which is originally placed in ‘‘(ii) lands which are held in trust by a Na- ing, and other credits) is amended— service before the date of the enactment of tive Corporation (as defined in section 3(m) (A) by striking clause (ii), this paragraph, but only to the extent of its of the Alaska Native Claims Settlement Act (B) by redesignating clauses (iii) and (iv) as incremental geothermal production. In the (43 U.S.C. 1602(m)) for Alaska Natives, and clauses (ii) and (iii), case of a qualified facility described in the ‘‘(B) is operated with the explicit written (C) by inserting ‘‘(other than any loan, preceding sentence, the 10-year period re- approval of the Indian tribal government or debt, or other obligation incurred under sub- ferred to in subsection (a) shall be treated as Native Corporation (as so defined) having ju- chapter I of chapter 31 of title 7 of the Rural beginning not earlier than such date of en- risdiction over such lands, the amount in ef- Electrification Act of 1936 (7 U.S.C. 901 et actment. Such term shall not include any fect under subsection (a)(1) for a taxable year seq.), as in effect on the date of the enact- property described in section 48(a)(3) the shall (after adjustment under paragraphs (2) ment of the Renewable Energy Incentives basis of which is taken into account by the and (5) and before adjustment under para- Act, or proceeds of an issue of State or local taxpayer for purposes of determining the en- graphs (1) and (3)) be increased by .25 cents.’’. government obligations the interest on ergy credit under section 48. (h) ADDITIONAL MODIFICATIONS.— which is exempt from tax under section 103)’’ ‘‘(10) INCREMENTAL HYDROPOWER FACILITY.— (1) TREATMENT OF PERSONS NOT ABLE TO USE after ‘‘project’’ in clause (ii) (as so redesig- In the case of a facility using incremental ENTIRE CREDIT.—Section 45(e) (relating to ad- nated), and hydropower to produce electricity, the term ditional definitions and special rules), as (D) by striking ‘‘TAX-EXEMPT BONDS,’’ in amended by subsection (a)(2), is amended by ‘qualified facility’ means any non-Federal the heading and inserting ‘‘CERTAIN’’. adding at the end the following new para- hydroelectric facility owned by the taxpayer (3) CREDIT ALLOWABLE AGAINST MINIMUM graph: which is originally placed in service before TAX WITHOUT LIMITATION.—Clause (ii) of sec- REATMENT OF PERSONS NOT ABLE TO the date of the enactment of this paragraph, ‘‘(11) T tion 38(c)(4)(B) (defining specified credits) is USE ENTIRE CREDIT.— but only to the extent of its incremental hy- amended to read as follows: ‘‘(A) ALLOWANCE OF CREDIT.— dropower production. In the case of a quali- ‘‘(ii) the credit determined under section 45 ‘‘(i) IN GENERAL.—Except as otherwise pro- fied facility described in the preceding sen- to the extent that such credit is attributable vided in this subsection— tence, the 10-year period referred to in sub- to electricity or refined coal produced at a ‘‘(I) any credit allowable under subsection section (a) shall be treated as beginning not facility which is originally placed in service (a) with respect to a qualified facility owned earlier than such date of enactment.’’. after October 22, 2004.’’. (e) CREDIT ELIGIBILITY FOR LESSEES AND by a person described in clause (ii) may be (4) TREATMENT OF QUALIFIED FACILITIES NOT OPERATORS EXTENDED TO ALL FACILITIES.— transferred or used as provided in this para- IN COMPLIANCE WITH POLLUTION LAWS.—Sec- Paragraph (6) of section 45(d) is amended to graph, and tion 45(d) (relating to qualified facilities), as read as follows: ‘‘(II) the determination as to whether the amended by subsection (d)(3), is amended by ‘‘(6) CREDIT ELIGIBILITY FOR LESSEES AND credit is allowable shall be made without re- adding at the end the following: OPERATORS.—In the case of any facility de- gard to the tax-exempt status of the person. ‘‘(11) NONCOMPLIANCE WITH POLLUTION scribed in paragraph (1), (4), (5), (6), (7), (9), or ‘‘(ii) PERSONS DESCRIBED.—A person is de- (10), if the owner of such facility is not the scribed in this clause if the person is— LAWS.—For purposes of this subsection, a fa- producer of the electricity, the person eligi- ‘‘(I) an organization described in section cility which is not in compliance with the ble for the credit allowable under subsection 501(c)(12)(C) and exempt from tax under sec- applicable State and Federal pollution pre- (a) shall be the lessee or the operator of such tion 501(a), vention, control, and permit requirements facility.’’. ‘‘(II) an organization described in section for any period of time shall not be considered (f) QUALIFIED FACILITIES WITH CO-PRODUC- 1381(a)(2)(C), to be a qualified facility during such pe- TION.—Section 45(b) (relating to limitations ‘‘(III) a public utility (as defined in section riod.’’. and adjustments) is amended by adding at 136(c)(2)(B)), which is exempt from income (i) EFFECTIVE DATE.—The amendments the end the following: tax under this subtitle, made by this section shall apply to elec- ‘‘(5) INCREASED CREDIT FOR CO-PRODUCTION ‘‘(IV) any State or political subdivision tricity and other energy produced and sold FACILITIES.— thereof, the District of Columbia, any pos- after the date of the enactment of this Act, ‘‘(A) IN GENERAL.—In the case of a qualified session of the United States, or any agency in taxable years ending after such date. facility described in any paragraph of sub- or instrumentality of any of the foregoing, f section (d) (other than paragraph (8)) which or adds a co-production facility after the date ‘‘(V) any Indian tribal government (within STATEMENTS ON SUBMITTED of the enactment of this paragraph, the the meaning of section 7871) or any agency or amount in effect under subsection (a)(1) for instrumentality thereof. RESOLUTIONS an eligible taxable year of a taxpayer shall ‘‘(B) TRANSFER OF CREDIT.— (after adjustment under paragraph (2) and ‘‘(i) IN GENERAL.—A person described in before adjustment under paragraphs (1) and subparagraph (A)(ii) may transfer any credit SENATE RESOLUTION 168—EX- (3)) be increased by .25 cents. to which subparagraph (A)(i) applies through PRESSING GRATITUDE AND SIN- ‘‘(B) CO-PRODUCTION FACILITY.—For pur- an assignment to any other person not de- CERE RESPECT FOR JESSE R. poses of subparagraph (A), the term ‘co-pro- scribed in subparagraph (A)(ii). Such transfer NICHOLS duction facility’ means a facility which— may be revoked only with the consent of the ‘‘(i) enables a qualified facility to produce Secretary. Mr. FRIST (for himself, Mr. GRASS- heat, mechanical power, chemicals, liquid ‘‘(ii) REGULATIONS.—The Secretary shall LEY, and Mr. BAUCUS) submitted the fuels, or minerals from qualified energy re- prescribe such regulations as necessary to following resolution; which was consid- sources in addition to electricity, and ensure that any credit described in clause (i) ered and agreed to: ‘‘(ii) produces such energy on a continuous is assigned once and not reassigned by such S. RES. 168 basis. other person. ‘‘(C) ELIGIBLE TAXABLE YEAR.—For pur- ‘‘(iii) TRANSFER PROCEEDS TREATED AS ARIS- Whereas Jesse R. Nichols, Sr., faithfully poses of subparagraph (A), the term ‘eligible ING FROM ESSENTIAL GOVERNMENT FUNCTION.— served the United States Senate and the taxable year’ means any taxable year in Any proceeds derived by a person described Committee on Finance as the Government which the amount of gross receipts attrib- in subclause (III), (IV), or (V) of subpara- Documents Clerk and Librarian from nine- utable to the co-production facility of a graph (A)(ii) from the transfer of any credit teen hundred thirty-seven through nineteen qualified facility are at least 10 percent of under clause (i) shall be treated as arising hundred seventy-one; the amount of gross receipts attributable to from the exercise of an essential government Whereas Jesse R. Nichols, Sr., was born on electricity produced by such facility.’’. function. June 14, 1909, in Clarksdale, Mississippi, and (g) QUALIFIED FACILITIES LOCATED WITHIN ‘‘(C) CREDIT NOT INCOME.—Any transfer was the first African American Clerk em- QUALIFIED INDIAN LANDS.—Section 45(b) (re- under subparagraph (B) of any credit to ployed by the United States Senate; lating to limitations and adjustments), as which subparagraph (A)(i) applies shall not Whereas he carried out his duties in exem- amended by subsection (f), is amended by be treated as income for purposes of section plary fashion, bringing credit to the Com- adding at the end the following: 501(c)(12). mittee and to Congress;

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12319 Whereas Jesse Nichols worked effectively any free trade agreement containing new Resolved, That the Secretary of the Sen- under the guidance of Democratic and Re- market access for sugar; and ate communicate these resolutions to the publican Chairmen, including Pat Harrison Whereas the United States sugar growers’ House of Representatives and transmit an of Mississippi, Walter F. George of Georgia, intransigence in wanting to exclude sugar enrolled copy thereof to the family of the de- Harry Flood Byrd of Virginia, and Russell B. from all future trade agreements threatens ceased. Long of Louisiana from the 75th Congress to undermine trade opportunities for United Resolved, That when the Senate adjourns through the 91st Congress; and States agriculture and the rest of the United today, it stand adjourned as a further mark Whereas the Committee on Finance will States economy: Now, therefore, be it of respect to the memory of the Honorable J. long remember the commitment, service, Resolved, That it is the sense of the Senate James Exon. that the President should negotiate and sign and leadership of Jesse R. Nichols, Sr., as f documented in an oral history posted on the free trade agreements that are comprehen- Senate Historian’s website: Now, therefore, sive in scope in order to ensure that the en- AMENDMENTS SUBMITTED AND be it tire United States economy can benefit from PROPOSED Resolved, That the United States Senate new market opportunities provided by such expresses its deep gratitude and sincere re- agreements SA 770. Mr. JEFFORDS submitted an amendment intended to be proposed by him spect for Jesse R. Nichols for his unfailing f service and his dedication to the United to the bill H.R. 6, Reserved; which was or- States Senate. The Senate hereby expresses SENATE RESOLUTION 170—REL- dered to lie on the table. condolences to the family due to the death of ATIVE TO THE DEATH OF J. SA 771. Mr. JEFFORDS (for himself and Jesse R. Nichols, Sr., on February 18, 2005. JAMES EXON, FORMER UNITED Mr. KERRY) submitted an amendment in- STATES SENATOR FOR THE tended to be proposed by him to the bill H.R. f 6, supra; which was ordered to lie on the STATE OF NEBRASKA SENATE RESOLUTION 169—EX- table. PRESSING THE SENSE OF THE Mr. FRIST (for himself, Mr. REID, SA 772. Mr. JEFFORDS submitted an SENATE WITH RESPECT TO FREE Mr. HAGEL, Mr. NELSON of Nebraska, amendment intended to be proposed by him TRADE NEGOTIATIONS THAT Mr. AKAKA, Mr. ALEXANDER, Mr. to the bill H.R. 6, supra; which was ordered ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. to lie on the table. COULD ADVERSELY IMPACT CON- SA 773. Mr. JEFFORDS submitted an BAYH, Mr. BENNETT, Mr. BIDEN, Mr. SUMERS OF SUGAR IN THE amendment intended to be proposed by him BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. UNITED STATES AS WELL AS to the bill H.R. 6, supra; which was ordered UNITED STATES AGRICULTURE BROWNBACK, Mr. BUNNING, Mr. BURNS, to lie on the table. AND THE BROADER ECONOMY OF Mr. BURR, Mr. BYRD, Ms. CANTWELL, SA 774. Mr. JEFFORDS submitted an THE UNITED STATES Mr. CARPER, Mr. CHAFEE, Mr. CHAM- amendment intended to be proposed by him BLISS, Mrs. CLINTON, Mr. COBURN, Mr. to the bill H.R. 6, supra; which was ordered Mr. SANTORUM (for himself and Mr. COCHRAN, Mr. COLEMAN, Ms. COLLINS, to lie on the table. ENSIGN) submitted the following reso- Mr. CONRAD, Mr. CORNYN, Mr. CORZINE, lution; which was referred to the Com- f Mr. CRAIG, Mr. CRAPO, Mr. DAYTON, Mr. mittee on Finance: TEXT OF AMENDMENTS DEMINT, Mr. DEWINE, Mr. DODD, Mrs. S. RES. 169 DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. SA 770. Mr. JEFFORDS submitted an Whereas the President concluded negotia- DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. amendment intended to be proposed by tions with Costa Rica, El Salvador, Guate- FEINGOLD, Mrs. FEINSTEIN, Mr. GRA- him to the bill H.R. 6, Reserved; which mala, Honduras, Nicaragua, and the Domini- HAM, Mr. GRASSLEY, Mr. GREGG, Mr. was ordered to lie on the table; as fol- can Republic to form the Dominican Repub- lic-Central America-United States Free HARKIN, Mr. HATCH, Mrs. HUTCHISON, lows: Trade Agreement (‘‘CAFTA–DR’’); Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, On page 131, line 20, after ‘‘landfill gas,’’ in- Whereas the CAFTA–DR only provides the Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- sert the following: ‘‘livestock methane,’’ 5 Central American countries and the Do- NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, minican Republic with modest additional ac- Ms. LANDRIEU, Mr. LAUTENBERG, Mr. SA 771. Mr. JEFFORDS (for himself, cess to the United States sugar market that LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. and Mr. KERRY) submitted an amend- will have no impact on United States sugar LINCOLN, Mr. LOTT, Mr. LUGAR, Mr. ment intended to be proposed by him producers; MARTINEZ, Mr. MCCAIN, Mr. MCCON- to the bill H.R. 6, Reserved; which was Whereas United States farmers and ranch- NELL, Ms. MIKULSKI, Ms. MURKOWSKI, ordered to lie on the table; as follows: ers need access to new markets to expand the agricultural sector of the United States Mrs. MURRAY, Mr. NELSON of Florida, On page 159, after line 23, add the fol- economy; Mr. OBAMA, Mr. PRYOR, Mr. REED, Mr. lowing: Whereas the United States manufacturing ROBERTS, Mr. ROCKEFELLER, Mr. SALA- SEC. 211. RENEWABLE PORTFOLIO STANDARD. and service sectors need access to new mar- ZAR, Mr. SANTORUM, Mr. SARBANES, Mr. Title VI of the Public Utility Regulatory kets to expand the broader economy of the SCHUMER, Mr. SESSIONS, Mr. SHELBY, Policies Act of 1978 (16 U.S.C. 2601 et seq.) is United States; Mr. SMITH, Ms. SNOWE, Mr. SPECTER, amended by adding at the end the following: Whereas new market access for United Ms. STABENOW, Mr. STEVENS, Mr. ‘‘SEC. 609. FEDERAL RENEWABLE PORTFOLIO States products is only possible through STANDARD. SUNUNU, Mr. TALENT, Mr. THOMAS, Mr. comprehensive free trade agreements that ‘‘(a) DEFINITIONS.—In this section: HUNE ITTER OINOVICH include all products and services; T , Mr. V , Mr. V , Mr. ‘‘(1) BIOMASS.— Whereas the CAFTA–DR will help build de- WARNER, and Mr. WYDEN) submitted ‘‘(A) IN GENERAL.—The term ‘biomass’ mocracy, security, and the rule of law, in ad- the following resolution; which was means— dition to helping integrate the economies of considered and agreed to: ‘‘(i) organic material from a plant that is the United States and countries in the re- S. RES. 170 planted for the purpose of being used to gion; Whereas J. James Exon served in the produce energy; Whereas sugar growers are already one of United States Army Signal Corps from 1942– ‘‘(ii) nonhazardous, cellulosic or agricul- the most highly protected special interests 1945 and in the United States Army Reserve tural waste material that is segregated from in the United States; from 1945–1949; other waste materials and is derived from— Whereas the provisions of the CAFTA–DR Whereas J. James Exon served as Governor ‘‘(I) a forest-related resource, including— offer protection to United States sugar grow- of the State of Nebraska from 1971–1979; ‘‘(aa) mill and harvesting residue; ers, in addition to the numerous existing Whereas J. James Exon served the people ‘‘(bb) precommercial thinnings; mechanisms that have been designed to of Nebraska with distinction for 18 years in ‘‘(cc) slash; and shield sugar growers from any competition; the United States Senate where he was a ‘‘(dd) brush; Whereas the United States sugar program proponent of a strong national defense and ‘‘(II) agricultural resources, including— has caused the loss of thousands of jobs in knowledgeable source on geopolitical mat- ‘‘(aa) orchard tree crops; the United States in the sugar product man- ters; ‘‘(bb) vineyards; ufacturing and cane refining sector; Resolved, That the Senate has heard with ‘‘(cc) grains; Whereas every effort has been taken by the profound sorrow and deep regret the an- ‘‘(dd) legumes; administration and Congress to accommo- nouncement of the death of the Honorable J. ‘‘(ee) sugar; and date the United States sugar growers, but James Exon, former member of the United ‘‘(ff) other crop by-products or residues; or they continue to oppose the CAFTA–DR and States Senate. ‘‘(III) miscellaneous waste such as—

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12320 CONGRESSIONAL RECORD—SENATE June 13, 2005 ‘‘(aa) waste pallet; Percentage of U.S.C. 824a–3), the retail electric supplier is ‘‘(bb) crate; and Renewable energy treated as the generator of the electric en- ‘‘(cc) landscape or right-of-way tree trim- ‘‘Calendar years: Each year: ergy for the purposes of this section for the mings; 2006–2009 ...... 5 duration of the contract. ‘‘(iii) animal waste that is converted to a 2010–2014 ...... 10 ‘‘(g) SALE OR EXCHANGE OF RENEWABLE EN- fuel rather than directly combusted, the res- 2015–2019 ...... 15 ERGY CREDITS.—A renewable energy credit idue of which is converted to a biological fer- 2020 and subsequent years ...... 20 may be sold or exchanged by the entity tilizer, oil, or activated carbon; and ‘‘(d) SUBMISSION OF RENEWABLE ENERGY issued the renewable energy credit or by any ‘‘(iv) livestock methane. CREDITS.— other entity that acquires the renewable en- ‘‘(B) EXCLUSIONS.—The term ‘biomass’ ‘‘(1) IN GENERAL.—To meet the require- ergy credit. Credits may be sold or ex- shall not include— ments under subsection (b), a retail electric changed in any manner not in conflict with ‘‘(i) municipal solid waste that is inciner- supplier shall submit to the Secretary ei- existing law, including on the spot market or ated; ther— by contractual arrangements of any dura- ‘‘(ii) recyclable post-consumer waste paper; ‘‘(A) renewable energy credits issued to the tion. ‘‘(iii) painted, treated, or pressurized wood; retail electric supplier under subsection (f); ‘‘(h) PURCHASE FROM THE UNITED STATES.— ‘‘(iv) wood contaminated with plastics or ‘‘(B) renewable energy credits obtained by The Secretary shall offer renewable energy metals; or purchase or exchange under subsection (g); credits for sale at the lesser of three cents ‘‘(v) tires. ‘‘(C) renewable energy credits purchased per kilowatt-hour or 110 percent of the aver- ‘‘(2) DISTRIBUTED GENERATION.—The term from the United States under subsection (h); age market value of credits for the applica- ‘distributed generation’ means reduced elec- or ble compliance period. On January 1 of each year following calendar year 2006, the Sec- tricity consumption from the electric grid ‘‘(D) any combination of credits under sub- retary shall adjust for inflation the price due to use by a customer of renewable en- sections (f), (g) or (h). charged per credit for such calendar year. ergy generated at a customer site. ‘‘(2) PROHIBITION ON DOUBLE COUNTING.—A ‘‘(i) STATE PROGRAMS.—Nothing in this sec- ‘‘(3) INCREMENTAL HYDROPOWER.—The term credit may be counted toward compliance tion shall preclude any State from requiring ‘incremental hydropower’ means additional with subsection (b) only once. additional renewable energy generation in generation achieved from increased effi- ‘‘(e) RENEWABLE ENERGY CREDIT PRO- the State under any renewable energy pro- ciency after January 1, 2003, at a hydro- GRAM.—The Secretary shall establish, not gram conducted by the State. electric dam that was placed in service be- later than 1 year after the date of enactment ‘‘(j) CONSUMER ALLOCATION.—The rates fore January 1, 2003. of this section, a program to issue, monitor ‘‘(4) LANDFILL GAS.—The term ‘landfill gas’ charged to classes of consumers by a retail the sale or exchange of, and track, renewable electric supplier shall reflect a proportional means gas generated from the decomposition energy credits. of household solid waste, commercial solid percentage of the cost of generating or ac- ‘‘(f) ISSUANCE OF RENEWABLE ENERGY CRED- waste, and industrial solid waste disposed of quiring the required annual percentage of re- ITS.— in a municipal solid waste landfill unit (as newable energy under subsection (b). A retail ‘‘(1) IN GENERAL.—Under the program es- those terms are defined in regulations pro- electric supplier shall not represent to any tablished in subsection (e), an entity that customer or prospective customer that any mulgated under subtitle D of the Solid Waste generates electric energy through the use of Disposal Act (42 U.S.C. 6941 et seq.)). product contains more than the percentage a renewable energy resource may apply to ‘‘(5) RENEWABLE ENERGY.—The term ‘re- of eligible resources if the additional amount the Secretary for the issuance of renewable newable energy’ means electricity generated of eligible resources is being used to satisfy energy credits. from the renewable generation requirement under ‘‘(2) APPLICATION.—An application for the ‘‘(A) a renewable energy source; or subsection (b). issuance of renewable energy credits shall in- ‘‘(B) hydrogen that is produced from a re- ‘‘(k) ENFORCEMENT.—A retail electric sup- dicate— newable energy source. plier that does not submit renewable energy ‘‘(A) the type of renewable energy resource ‘‘(6) RENEWABLE ENERGY SOURCE.—The term credits as required under subsection (b) shall used to produce the electric energy; ‘renewable energy source’ means— be liable for the payment of a civil penalty. ‘‘(A) wind; ‘‘(B) the State in which the electric energy That penalty shall be calculated on the basis ‘‘(B) ocean waves; was produced; and of the number of renewable energy credits ‘‘(C) biomass; ‘‘(C) any other information the Secretary not submitted, multiplied by the lesser of 4.5 ‘‘(D) solar; determines appropriate. cents or 300 percent of the average market ‘‘(E) landfill gas; ‘‘(3) CREDIT VALUE.—Except as provided in value of credits for the compliance period. ‘‘(F) incremental hydropower; or subparagraph (4), the Secretary shall issue to ‘‘(l) INFORMATION COLLECTION.—The Sec- ‘‘(G) geothermal. an entity applying under this subsection re- retary may collect the information nec- ‘‘(7) RETAIL ELECTRIC SUPPLIER.—The term newable engery credit for each kilowatt-hour essary to verify and audit— ‘retail electric supplier’ means a person or of renewable energy generated in any State ‘‘(1) the annual electric energy generation entity that sells retail electricity to con- from the date of enactment of this section and renewable energy generation of any enti- sumers, and which sold not less than 500,000 and in each subsequent calendar year. ty applying for renewable energy credits megawatt-hours of electric energy to con- ‘‘(4) CREDIT VALUE FOR DISTRIBUTED GEN- under this section; sumers for purposes other than resale during ERATION.—The Secretary shall issue 3 renew- ‘‘(2) the validity of renewable energy cred- the preceding calendar year. able energy credits for each kilowatt-hour of its submitted by a retail electric supplier to ‘‘(8) SECRETARY.—The term ‘Secretary’ distributed generation. the Secretary; and means the Secretary of Energy. ‘‘(5) VESTING.—A renewable energy credit ‘‘(3) the quantity of electricity sales of all ‘‘(b) RENEWABLE ENERGY REQUIREMENTS.— will vest with the owner of the system or fa- retail electric suppliers. ‘‘(1) IN GENERAL.—For each calendar year cility that generates the renewable energy ‘‘(m) VOLUNTARY PARTICIPATION.—The Sec- beginning in Calendar year 2006, each retail unless such owner explicitly transfers the retary may issue a renewable energy credit electric supplier shall submit to the Sec- credit. pursuant to subsection (f) to any entity not retary, not later than April 30 of each year, ‘‘(6) CREDIT ELIGIBILITY.—To be eligible for subject to the requirements of this section renewable energy credits in an amount equal a renewable energy credit, the unit of elec- only if the entity applying for such credit to the required annual percentage of the re- tricity generated through the use of a renew- meets the terms and conditions of this sec- tail electric supplier’s total amount of kilo- able energy resource shall be sold for retail tion to the same extent as entities subject to watt-hours of non-hydropower (excluding in- consumption or used by the generator. If this section. cremental hydropower) electricity sold to re- both a renewable energy resource and a non- ‘‘(n) STATE RENEWABLE ENERGY GRANT tail consumers during the previous calendar renewable energy resource are used to gen- PROGRAM.— year. erate the electric energy, the Secretary shall ‘‘(1) DISTRIBUTION TO STATES.—The Sec- ‘‘(2) CARRYOVER.—A renewable energy cred- issue renewable energy credits based on the retary shall distribute amounts received it for any year that is not used to satisfy the proportion of the renewable energy resource from sales under subsection (h) and from minimum requirement for that year may be used. amounts received under subsection (k) to carried over for use within the next two ‘‘(7) IDENTIFYING CREDITS.—The Secretary States to be used for the purposes of this sec- years. shall identify renewable energy credits by tion. ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—Of the type and date of generation. ‘‘(2) REGIONAL EQUITY PROGRAM.— the total amount of non-hydropower (exclud- ‘‘(8) SALE UNDER PURPA CONTRACT.—When a ‘‘(A) ESTABLISHMENT OF PROGRAM.—Within ing incremental hydropower) electricity sold generator sells electric energy generated 1 year from the date of enactment of this by each retail electric supplier during a cal- through the use of a renewable energy re- section, the Secretary shall establish a pro- endar year, the amount generated by renew- source to a retail electric supplier under a gram to promote renewable energy produc- able energy sources shall be not less than the contract subject to section 210 of the Public tion and use consistent with the purposes of percentage specified below: Utilities Regulatory Policies Act of 1978 (16 this section.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12321

‘‘(B) ELIGIBILITY.—The Secretary shall ‘‘(3) INCREMENTAL HYDROPOWER.—The term ‘‘(2) PROHIBITION ON DOUBLE COUNTING.—A make funds available under this section to ‘incremental hydropower’ means additional credit may be counted toward compliance State energy agencies for grant programs generation achieved from increased effi- with subsection (b) only once. for— ciency after January 1, 2003, at a hydro- ‘‘(e) RENEWABLE ENERGY CREDIT PRO- ‘‘(i) renewable energy research and devel- electric dam that was placed in service be- GRAM.—The Secretary shall establish, not opment; fore January 1, 2003. later than 1 year after the date of enactment ‘‘(ii) loan guarantees to encourage con- ‘‘(4) LANDFILL GAS.—The term ‘landfill gas’ of this section, a program to issue, monitor struction of renewable energy facilities; means gas generated from the decomposition the sale or exchange of, and track, renewable ‘‘(iii) consumer rebate or other programs of household solid waste, commercial solid energy credits. to offset costs of small residential or small waste, and industrial solid waste disposed of ‘‘(f) ISSUANCE OF RENEWABLE ENERGY CRED- commercial renewable energy systems in- in a municipal solid waste landfill unit (as ITS.— cluding solar hot water; or those terms are defined in regulations pro- ‘‘(1) IN GENERAL.—Under the program es- ‘‘(iv) promoting distributed generation. mulgated under subtitle D of the Solid Waste tablished in subsection (e), an entity that generates electric energy through the use of ‘‘(3) ALLOCATION PREFERENCES.—In allo- Disposal Act (42 U.S.C. 6941 et seq.)). a renewable energy resource may apply to cating funds under the program, the Sec- ‘‘(5) RENEWABLE ENERGY.—The term ‘re- retary shall give preference to— newable energy’ means electricity generated the Secretary for the issuance of renewable ‘‘(A) States in regions which have a dis- from energy credits. proportionately small share of economically ‘‘(A) a renewable energy source; or ‘‘(2) APPLICATION.—An application for the sustainable renewable energy generation ca- ‘‘(B) hydrogen that is produced from a re- issuance of renewable energy credits shall in- pacity; and newable energy source. dicate— ‘‘(A) the type of renewable energy resource ‘‘(B) State grant programs most likely to ‘‘(6) RENEWABLE ENERGY SOURCE.—The term stimulate or enhance innovative renewable ‘renewable energy source’ means— used to produce the electric energy; energy technologies.’’. ‘‘(A) wind; ‘‘(B) the State in which the electric energy ‘‘(B) ocean waves; was produced; and SA 772. Mr. JEFFORDS submitted an ‘‘(C) biomass; ‘‘(C) any other information the Secretary amendment intended to be proposed by ‘‘(D) solar; determines appropriate. ‘‘(E) landfill gas; ‘‘(3) CREDIT VALUE.—Except as provided in him to the bill H.R. 6, Reserved; which subparagraph (4), the Secretary shall issue to was ordered to lie on the table; as fol- ‘‘(F) incremental hydropower; or ‘‘(G) geothermal. an entity applying under this subsection re- lows: newable energy credit for each kilowatt-hour ‘‘(7) RETAIL ELECTRIC SUPPLIER.—The term On page 159, after line 23, add the fol- ‘retail electric supplier’ means a person or of renewable energy generated in any State lowing: entity that sells retail electricity to con- from the date of enactment of this section SEC. 211. RENEWABLE PORTFOLIO STANDARD. sumers, and which sold not less than 500,000 and in each subsequent calendar year. Title VI of the Public Utility Regulatory megawatt-hours of electric energy to con- ‘‘(4) CREDIT VALUE FOR DISTRIBUTED GEN- Policies Act of 1978 (16 U.S.C. 2601 et seq.) is sumers for purposes other than resale during ERATION.—The Secretary shall issue 3 renew- amended by adding at the end the following: the preceding calendar year. able energy credits for each kilowatt-hour of distributed generation. ‘‘SEC. 609. FEDERAL RENEWABLE PORTFOLIO ‘‘(8) SECRETARY.—The term ‘Secretary’ STANDARD. means the Secretary of Energy. ‘‘(5) VESTING.—A renewable energy credit will vest with the owner of the system or fa- ‘‘(a) DEFINITIONS.—In this section: ‘‘(b) RENEWABLE ENERGY REQUIREMENTS.— cility that generates the renewable energy ‘‘(1) BIOMASS.— ‘‘(1) IN GENERAL.—For each calendar year unless such owner explicitly transfers the ‘‘(A) IN GENERAL.—The term ‘biomass’ beginning in Calendar year 2006, each retail means— electric supplier shall submit to the Sec- credit. ‘‘(i) organic material from a plant that is retary, not later than April 30 of each year, ‘‘(6) CREDIT ELIGIBILITY.—To be eligible for planted for the purpose of being used to renewable energy credits in an amount equal a renewable energy credit, the unit of elec- produce energy; to the required annual percentage of the re- tricity generated through the use of a renew- ‘‘(ii) nonhazardous, cellulosic or agricul- tail electric supplier’s total amount of kilo- able energy resource shall be sold for retail tural waste material that is segregated from watt-hours of non-hydropower (excluding in- consumption or used by the generator. If other waste materials and is derived from— cremental hydropower) electricity sold to re- both a renewable energy resource and a non- ‘‘(I) a forest-related resource, including— tail consumers during the previous calendar renewable energy resource are used to gen- ‘‘(aa) mill and harvesting residue; year. erate the electric energy, the Secretary shall ‘‘(bb) precommercial thinnings; ‘‘(2) CARRYOVER.—A renewable energy cred- issue renewable energy credits based on the ‘‘(cc) slash; and it for any year that is not used to satisfy the proportion of the renewable energy resource ‘‘(dd) brush; minimum requirement for that year may be used. ‘‘(II) agricultural resources, including— carried over for use within the next two ‘‘(7) IDENTIFYING CREDITS.—The Secretary ‘‘(aa) orchard tree crops; years. shall identify renewable energy credits by ‘‘(bb) vineyards; ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—Of the type and date of generation. ‘‘(cc) grains; the total amount of non-hydropower (exclud- ‘‘(8) SALE UNDER PURPA CONTRACT.—When a ‘‘(dd) legumes; ing incremental hydropower) electricity sold generator sells electric energy generated ‘‘(ee) sugar; and by each retail electric supplier during a cal- through the use of a renewable energy re- ‘‘(ff) other crop by-products or residues; or endar year, the amount generated by renew- source to a retail electric supplier under a ‘‘(III) miscellaneous waste such as— able energy sources shall be not less than the contract subject to section 210 of the Public ‘‘(aa) waste pallet; percentage specified below: Utilities Regulatory Policies Act of 1978 (16 ‘‘(bb) crate; and Percentage of U.S.C. 824a–3), the retail electric supplier is ‘‘(cc) landscape or right-of-way tree trim- Renewable energy treated as the generator of the electric en- mings; ‘‘Calendar years: Each year: ergy for the purposes of this section for the ‘‘(iii) animal waste that is converted to a 2006–2009 ...... 5 duration of the contract. ‘‘(g) SALE OR EXCHANGE OF RENEWABLE EN- fuel rather than directly combusted, the res- 2010–2014 ...... 10 ERGY CREDITS.—A renewable energy credit idue of which is converted to a biological fer- 2015–2019 ...... 15 may be sold or exchanged by the entity tilizer, oil, or activated carbon; and 2020 and subsequent years ...... 20 issued the renewable energy credit or by any ‘‘(iv) livestock methane. ‘‘(d) SUBMISSION OF RENEWABLE ENERGY other entity that acquires the renewable en- ‘‘(B) EXCLUSIONS.—The term ‘biomass’ CREDITS.— ergy credit. Credits may be sold or ex- shall not include— ‘‘(1) IN GENERAL.—To meet the require- changed in any manner not in conflict with ‘‘(i) municipal solid waste that is inciner- ments under subsection (b), a retail electric existing law, including on the spot market or ated; supplier shall submit to the Secretary ei- by contractual arrangements of any dura- ‘‘(ii) recyclable post-consumer waste paper; ther— tion. ‘‘(iii) painted, treated, or pressurized wood; ‘‘(A) renewable energy credits issued to the ‘‘(h) PURCHASE FROM THE UNITED STATES.— ‘‘(iv) wood contaminated with plastics or retail electric supplier under subsection (f); The Secretary shall offer renewable energy metals; or ‘‘(B) renewable energy credits obtained by credits for sale at the lesser of three cents ‘‘(v) tires. purchase or exchange under subsection (g); per kilowatt-hour or 110 percent of the aver- ‘‘(2) DISTRIBUTED GENERATION.—The term ‘‘(C) renewable energy credits purchased age market value of credits for the applica- ‘distributed generation’ means reduced elec- from the United States under subsection (h); ble compliance period. On January 1 of each tricity consumption from the electric grid or year following calendar year 2006, the Sec- due to use by a customer of renewable en- ‘‘(D) any combination of credits under sub- retary shall adjust for inflation the price ergy generated at a customer site. sections (f), (g) or (h). charged per credit for such calendar year.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12322 CONGRESSIONAL RECORD—SENATE June 13, 2005 ‘‘(i) STATE PROGRAMS.—Nothing in this sec- SA 773. Mr. JEFFORDS submitted an section (g)) or 200 percent of the average tion shall preclude any State from requiring amendment intended to be proposed by market value of renewable energy credits additional renewable energy generation in him to the bill H.R. 6, Reserved; which during the year in which the violation oc- the State under any renewable energy pro- curred. gram conducted by the State. was ordered to lie on the table; as fol- ‘‘(3) MITIGATION OR WAIVER.—The Secretary ‘‘(j) CONSUMER ALLOCATION.—The rates lows: may mitigate or waive a civil penalty under charged to classes of consumers by a retail At the appropriate point, insert the fol- this subsection if the electric utility was un- electric supplier shall reflect a proportional lowing: able to comply with subsection (a) for rea- percentage of the cost of generating or ac- SEC. RENEWABLE PORTFOLIO STANDARD. sons outside of the reasonable control of the quiring the required annual percentage of re- Title VI of the Public Utility Regulatory utility. newable energy under subsection (b). A retail Policies Act of 1978 (16 U.S.C. 2601 et seq.) is ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— electric supplier shall not represent to any amended by adding at the end the following: The Secretary shall assess a civil penalty customer or prospective customer that any under this subsection in accordance with the ‘‘SEC. 606. FEDERAL RENEWABLE PORTFOLIO procedures prescribed by section 333(d) of the product contains more than the percentage STANDARD. of eligible resources if the additional amount Energy Policy and Conservation Act of 1954 ‘‘(a) RENEWABLE ENERGY REQUIREMENT.— of eligible resources is being used to satisfy (42 U.S.C. 6303). ‘‘(1) IN GENERAL.—Each electric utility the renewable generation requirement under ‘‘(d) STATE RENEWABLE ENERGY ACCOUNT that sells electricity to electric consumers PROGRAM.— subsection (b). shall obtain a percentage of the base amount ‘‘(k) ENFORCEMENT.—A retail electric sup- ‘‘(1) The Secretary shall establish, not of electricity it sells to electric consumers in plier that does not submit renewable energy later than December 31, 2008, State renew- any calendar year from new renewable en- credits as required under subsection (b) shall able energy account program. ergy or existing renewable energy. The per- be liable for the payment of a civil penalty. ‘‘(2) All money collected by the Secretary centage obtained in a calendar year shall not That penalty shall be calculated on the basis from the sale of renewable energy credits of the number of renewable energy credits be less than the amount specified in the fol- and the assessment of civil penalties under not submitted, multiplied by the lesser of 4.5 lowing table: this section shall be deposited into the renewable energy account established pursuant cents or 300 percent of the average market ‘‘Calendar year Minimum annual to this subsection. The State renewable en- value of credits for the compliance period. percentage ergy account shall be held by the Secretary ‘‘(l) INFORMATION COLLECTION.—The Sec- 2008 through 2011 ...... 2.5 retary may collect the information nec- 2012 through 2015 ...... 5.0 and shall not be transferred to the Treasury essary to verify and audit— 2016 through 2019 ...... 7.5 Department. ‘‘(3) Proceeds deposited in the State renew- ‘‘(1) the annual electric energy generation 2020 through 2030 ...... 10.0 able energy account shall be used by the Sec- and renewable energy generation of any enti- ‘‘(2) MEANS OF COMPLIANCE.—An electric retary, subject to appropriations, for a pro- ty applying for renewable energy credits utility shall meet the requirements of para- gram to provide grants to the State agency under this section; graph (1) by— respopsible for developing State energy con- ‘‘(2) the validity of renewable energy cred- ‘‘(A) generating electric energy using new servation plans under section 363 of the En- its submitted by a retail electric supplier to renewable energy or existing renewable energy Policy and Conservation Act (42 U.S.C. the Secretary; and ergy; 6322) for the purposes of promoting renew- ‘‘(3) the quantity of electricity sales of all ‘‘(B) purchasing electric energy generated able energy production, including programs retail electric suppliers. by new renewable energy or existing renew- that promote technologies that reduce the ‘‘(m) VOLUNTARY PARTICIPATION.—The Sec- able energy; uselof electricity at customer sites such as retary may issue a renewable energy credit ‘‘(C) purchasing renewable energy credits solar water heating. pursuant to subsection (f) to any entity not issued under subsection (b); or ‘‘(4) The Secretary may issue guidelines subject to the requirements of this section ‘‘(D) a combination of the foregoing. and criteria for grants awarded under this only if the entity applying for such credit ‘‘(b) RENEWABLE ENERGY CREDIT TRADING subsection. State energy offices receiving meets the terms and conditions of this sec- PROGRAM.— grants under this section shall maintain tion to the same extent as entities subject to ‘‘(1) Not later than January 1, 2005, the such records and evidence of compliance as this section. Secretary shall establish a renewable energy the Secretary may require. ‘‘(n) STATE RENEWABLE ENERGY GRANT credit trading program to permit an electric ‘‘(5) In allocating funds under this pro- PROGRAM.— utility that does not generate or purchase gram, the Secretary shall give preference to ‘‘(1) DISTRIBUTION TO STATES.—The Sec- enough electric energy from renewable en- States, in regions which have a dispropor- retary shall distribute amounts received ergy to meet its obligations under subsection tionately small share of economically sus- from sales under subsection (h) and from (a)(l) to satisfy such requirements by pur- tainable renewable energy generation capac- amounts received under subsection (k) to chasing sufficient renewable energy credits. ity; and to State programs to stimulate or States to be used for the purposes of this sec- ‘‘(2) As part of such program the Secretary enhance innovative renewable energy tech- tion. shall— nologies. ‘‘(2) REGIONAL EQUITY PROGRAM.— ‘‘(A) issue renewable energy credits to gen- ‘‘(e) RULES.—The Secretary shall issue ‘‘(A) ESTABLISHMENT OF PROGRAM.—Within erators of electric energy from new renew- rules implementing this section not later 1 year from the date of enactment of this able energy; than one year after the date of enactment of section, the Secretary shall establish a pro- ‘‘(B) sell renewable energy credits to elec- this section. gram to promote renewable energy produc- tric utilities at the rate of 1.5 cents per kilo- ‘‘(f) EXEMPTIONS.—This section shall not tion and use consistent with the purposes of watt-hour (as adjusted for inflation under apply in any calendar year to an electric utility. this section. subsection (g)); ‘‘(1) that sold less than 4,000,000 megawatt- ‘‘(B) ELIGIBILITY.—The Secretary shall ‘‘(C) ensure that a kilowatt hour, including make funds available under this section to hours of electric energy to electric con- the associated renewable energy credit, shall sumers during the preceding calendar year; State energy agencies for grant programs be used only once for purposes of compliance or for— with this section.; ‘‘(2) in Hawaii. ‘‘(i) renewable energy research and devel- ‘‘(D) allow double credits for generation ‘‘(g) INFLATION ADJUSTMENT.—Not later opment; from facilities on Indian Lands, and triple than December 31 of each year beginning in ‘‘(ii) loan guarantees to encourage con- credits for generation from small renewable 2008, the Secretary shall adjust for inflation struction of renewable energy facilities; distributed generators, i.e., those no larger the price of a renewable energy credit under ‘‘(iii) consumer rebate or other programs than one megawatt. subsection (b)(2)(B) and the amount of the to offset costs of small residential or small ‘‘(3) Credits under paragraph (2)(A) may civil penalty per kilowatt-hour under sub- commercial renewable energy systems in- only be used for compliance with this section section (c)(2). cluding solar hot water; or for 3 years from the date issued. ‘‘(h) STATE PROGRAMS.—Nothing in this ‘‘(iv) promoting distributed generation. ‘‘(c) ENFORCEMENT.— section shall diminish any authority of a ‘‘(3) ALLOCATION PREFERENCES.—In allo- ‘‘(1) CIVIL PENALTIES.—Any electric utility State or political subdivision thereof to cating funds under the program, the Sec- that fails to meet the renewable energy re- adopt or enforce any law or regulation re- retary shall give preference to— quirements of subsection (a) shall be subject specting renewable energy, but no such law ‘‘(A) States in regions which have a dis- to a civil penalty. or regulation shall relieve any person of any proportionately small share of economically ‘‘(2) AMOUNT OF PENALTY.—The amount of requirement otherwise applicable under this sustainable renewable energy generation ca- the civil penalty shall be determined by mul- section. The Secretary, in consultation with pacity; and tiplying the number of kilowatt-hours of States having such renewable energy pro- ‘‘(B) State grant programs most likely to electric energy sold to electric consumers in grams, shall, to the maximum extent prac- stimulate or enhance innovative renewable violation of subsection (a) by the greater of ticable, facilitate coordination between the energy technologies.’’. 1.5 cents (adjusted for inflation under sub- Federal program and State programs.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12323

‘‘(i) DEFINITIONS.—For purposes of this sec- at least 7 years before the date of enactment Secretary to carry out this section $20,000,000 tion: of this section commencing with the year in for each of fiscal years 2006 through 2012.’’. ‘‘(1) The term ‘base amount of electricity’ which such date of enactment occurs, reduce f means the total amount of electricity sold the amount calculated under subparagraph by an electric utility to electric consumers (A)(ii) each year, on a cumulative basis, by NOTICE OF HEARINGS/MEETINGS in a calendar year, excluding— the average percentage decrease in the an- SUBCOMMITTEE ON NATIONAL PARKS ‘‘(A) electricity generated by a hydro- nual kilowatt hour production for the 7-year Mr. THOMAS. Mr. President, I would electric facility (except incremental hydro- period described in subparagraph (A)(ii) with power); and such cumulative sum not to exceed 30 per- like to announce for the information of ‘‘(B) electricity generated through the in- cent. the Senate and the public that the cineration of municipal solid waste. ‘‘(j) SUNSET.—This section expires on De- hearing originally scheduled before the ‘‘(2) The term ‘existing renewable energy’ cember 31, 2030.’’. Subcommittee on National Parks of means, except as provided in paragraph the Committee on Energy and Natural (3)(B), electric energy generated at a facility SA 774. Mr. JEFFORDS submitted an Resources for Tuesday, June 14th 2005, (including a distributed generation facility) amendment intended to be proposed by at 10 a.m. has been postponed and will placed in service prior to the date of enact- him to the bill H.R. 6, Reserved; which be rescheduled for a later date. ment of this section from solar, wind, ocean, was ordered to lie on the table; as fol- For further information, please concurrent, wave, tidal or geothermal energy; lows: biomass (as defined in section 504(b)); or tact Tom Lillie at (202) 224–5161 or landfill gas. On page 159, after line 23, add the fol- Brian Carlstrom at (202) 224–6293. ‘‘(3) The term ‘new renewable energy’ lowing: COMMITTEE ON RULES AND ADMINISTRATION means— SEC. llll. RURAL AND REMOTE COMMUNITY Mr. President, I wish to announce ‘‘(A) electric energy generated at a facility ELECTRIFICATION GRANTS. that the Committee on Rules and Ad- (including a distributed generation facility) The Public Utility Regulatory Policies Act ministration will meet on Tuesday, placed in service on or after the date of en- of 1978 (16 U.S.C. 2601 et seq.) is amended in June 21, 2005, at 10 a.m., to examine the title VI by adding at the end the following: actment of this section from solar, wind, issue of voter verification the federal ocean, current, wave, tidal or geothermal en- ‘‘SEC. 609. RURAL AND REMOTE COMMUNITIES ergy; biomass (as defined in section 504(b)); ELECTRIFICATION GRANTS. elections process. ladfill gas; or incremental hydropower; and ‘‘(a) DEFINITIONS.—In this section: For further information regarding ‘‘(B) for electric energy generated at a fa- ‘‘(1) The term ‘eligible grantee’ means a this hearing, please contact Susan cility (including a distributed generation fa- local government or municipality, peoples’ Wells at the Rules and Administration cility) placed in service prior to the date of utility district, irrigation district, and coop- Committee on 224–6352. enactment of this section— erative, nonprofit, or limited-dividend asso- f ‘‘(i) the additional energy above the aver- ciation in a rural area. age generation in the 3 years preceding the ‘‘(2) The term ‘incremental hydropower’ PRIVILEGE OF THE FLOOR date of enactment of this section at the fa- means additional generation achieved from Mr. HAGEL. Mr. President, I ask cility from solar, wind, or ocean energy; bio- increased efficiency after January 1, 2005, at unanimous consent that Mark Hegerle, mass (as defined in section 504(b)); landfill a hydroelectric dam that was placed in serv- gas or incremental hydropower. ice before January 1, 2005. a staff member with Senator TALENT, ‘‘(ii) the incremental geothermal produc- ‘‘(3) The term ‘renewable energy’ means be granted floor privileges during the tion. electricity generated from— consideration of the Energy bill. ‘‘(4) The term ‘distributed generation facil- ‘‘(A) a renewable energy source; or The ACTING PRESIDENT pro tem- ity’ means a facility at a customer site. ‘‘(B) hydrogen, other than hydrogen pro- pore. Without objection, it is so or- ‘‘ (5) The term ‘incremental hydropower’ duced from a fossil fuel, that is produced dered. means additional energy generated as a re- from a renewable energy source. f sult of efficiency improvements or capacity ‘‘(4) The term ‘renewable energy source’ additions made on or after the date of enact- means— RELATIVE TO THE DEATH OF ment of this section or the effective date of ‘‘(A) wind; FORMER SENATOR J. JAMES EXON an existing applicable State renewable port- ‘‘(B) ocean waves; Mr. BENNETT. Mr. President, I ask folio standard program at a hydroelectric fa- ‘‘(C) biomass; cility that was placed in service before that ‘‘(D) solar unanimous consent that the Senate date. The term does not include additional ‘‘(E) landfill gas; now proceed to the consideration of S. energy generated as a result of operational ‘‘(F) incremental hydropower; Res. 170, which was submitted early changes not directly associated with effi- ‘‘(G) livestock methane; or today. ciency improvements or capacity additions. ‘‘(H) geothermal energy. The PRESIDING OFFICER. The Efficiency improvements and capacity addi- ‘‘(5) The term ‘rural area’ means a city, clerk will report the resolution by tions shall be measured on the basis of the town, or unincorporated area that has a pop- title. same water flow information used to deter- ulation of not more than 10,000 inhabitants. The legislative clerk read as follows: mine a historic average annual generation ‘‘(b) GRANTS.—The Secretary, in consulta- A resolution (S. Res. 170) relative to the baseline for the hydroelectric facility and tion with the Secretary of Agriculture and death of J. James Exon, former United certified by the Secretary or the Federal En- the Secretary of the Interior, may provide States Senator for the State of Nebraska. ergy Regulatory Commission. grants under this section to eligible grantees ‘‘(6) GEOTHERMAL ENERGY.—The term ‘geo- for the purpose of— There being no objection, the Senate thermal energy’ means energy derived from ‘‘(1) increasing energy efficiency, siting or proceeded to consider the resolution. a geothermal deposit (within the meaning of upgrading transmission and distribution Mr. HAGEL. Mr. President, on Fri- section 613(e)(2) of the Internal Revenue Code lines serving rural areas,; or day, Nebraska lost one of the most of 1986). ‘‘(2) providing or modernizing electric gen- dominant political figures in our ‘‘(7) INCREMENTAL GEOTHERMAL PRODUC- eration facilities that serve rural areas. State’s history. Former two-term Gov- TION.— ‘‘(c) GRANT ADMINISTRATION.—(1) The Sec- ernor and three-term U.S. Senator Jim ‘‘(A) IN GENERAL.—The term ‘incremental retary shall make grants under this section geothermal production’ means for any year based on a determination of cost-effective- Exon passed away in Lincoln at the age the excess of— ness and the most effective use of the funds of 83. (i) the total kilowatt hours of electricity to achieve the purposes described in sub- Many in this Chamber today served produced from a facility (including a distrib- section (b). with him and knew him well. Those uted generation facility) using geothermal ‘‘(2) For each fiscal year, the Secretary who served with Jim Exon remember a energy, over shall allocate grant funds under this section serious and dedicated public servant ‘‘(ii) the average annual kilowatt hours equally between the purposes described in who enjoyed life and loved his State. produced at such facility for 5 of the pre- paragraphs (1) and (2) of subsection (b). Jim’s voice was strong, and he spoke vious 7 calendar years before the date of en- ‘‘(3) In making grants for the purposes de- clearly and directly. No one ever had to actment of this section after eliminating the scribed in subsection (b)(2), the Secretary highest and the lowest kilowatt hour produc- shall give preference to renewable energy fa- guess where Jim Exon stood. As a Gov- tion years in such 7-year period. cilities. ernor and a Senator, he fought for bal- ‘‘(B) SPECIAL RULE.—A facility described in ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— anced budgets and restrained Govern- subparagraph (A) which was placed in service There is authorized to be appropriated to the ment spending.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12324 CONGRESSIONAL RECORD—SENATE June 13, 2005 In the Senate, from his seat on the Whereas J. James Exon served as Governor turn to executive session and resume Armed Services Committee, he was a of the State of Nebraska from 1971–1979; consideration of the nomination of passionate advocate for a strong na- Whereas J. James Exon served the people Thomas Griffith to be a U.S. circuit tional defense. As a member of the of Nebraska with distinction for 18 years in judge for the DC Circuit; provided that the United States Senate where he was a Commerce Committee, he was a pro- proponent of a strong national defense and at 10 a.m., the Senate proceed to vote tector of our natural resources, and he knowledgeable source on geopolitical mat- on the confirmation as provided under had the foresight to author the Com- ters; the previous order. munications Decency Act. Resolved, That the Senate has heard with I further ask unanimous consent that Mr. President, today, when politics is profound sorrow and deep regret the an- the Senate recess from 12:30 p.m. until too often a race to the lowest political nouncement of the death of the Honorable J. 2:15 p.m. for the Democratic Party common denominator, Jim Exon was a James Exon, former member of the United luncheon. very effective leader, a partisan leader States Senate. The PRESIDING OFFICER. Without Resolved, That the Secretary of the Senate who always played it straight. He objection, it is so ordered. never lost an election. He won five communicate these resolutions to the House of Representatives and transmit an enrolled f statewide elections in Nebraska, more copy thereof to the family of the deceased. than any other Nebraskan. Under Jim Resolved, That when the Senate adjourns Exon’s leadership, the Democratic today, it stand adjourned as a further mark PROGRAM Party became the dominant party in of respect to the memory of the Honorable J. Mr. BENNETT. Mr. President, tomor- Nebraska for 25 years. James Exon. row the Senate will resume consider- Anyone who knows Nebraska under- f ation of the nomination of Thomas stands what a remarkable accomplish- Griffith to be a circuit judge for the DC EXECUTIVE SESSION ment that was. He did it by listening to Circuit. At 10 a.m., the Senate will pro- the people. He did it by being a leader. ceed to a vote on his confirmation. I was Jim Exon’s replacement in the EXECUTIVE CALENDAR That will be the first vote of tomor- Senate in 1996. Over the last 9 years, I row’s session. Following the confirma- came to know him well and respect his Mr. BENNETT. Mr. President, I ask tion vote, the Senate will begin consid- judgment. We did not always agree, but unanimous consent that the Senate im- eration of the Energy bill. This bill was I always appreciated the opportunities mediately proceed to executive session reported out of committee with strong I had to visit with Senator Exon on a to consider Calendar No. 150, the nomi- bipartisan support. It is our hope that wide range of issues. A child of the nation of Brian Montgomery to be an we can move this legislation forward in plains and a veteran of World War II, Assistant Secretary of Housing and a timely manner. We will begin the he is part of a generation of Americans Urban Development. I further ask amending process tomorrow and votes who understood leadership, sacrifice, unanimous consent that the nomina- in relation to amendments are possible and war. In his later years, Jim Exon tion be confirmed, the motion to recon- throughout the day tomorrow. At this had much to say. And I had an oppor- sider be laid upon the table, the Presi- time, I encourage those Senators who tunity to listen. dent be immediately notified of the have amendments to contact the bill’s The voice and wisdom of Jim Exon Senate’s action, and the Senate then managers so that they can establish an and his generation is slipping away return to legislative session. orderly schedule for their consider- from us at a time of unparalleled The PRESIDING OFFICER. Without ation. change in our world. Just as with Jim objection, it is so ordered. Exon, while this great generation is The nomination considered and con- f still with us, we need to listen closely firmed is as follows: ADJOURNMENT UNTIL 9:45 a.m. to them. I did listen to Jim Exon. DEPARTMENT OF HOUSING AND URBAN As a small businessman, two-term DEVELOPMENT TOMORROW Governor and three-term Senator, Brian D. Montgomery, of Texas, to be an Mr. BENNETT. Mr. President, if James Exon, along with his wife Pat, Assistant Secretary of Housing and Urban there is no further business to come be- served his State, his Nation, and this Development. fore the Senate, I ask unanimous con- institution with distinction. He will be f sent that the Senate stand in adjourn- missed by the Nebraskans he served so ment under the previous order, as a LEGISLATIVE SESSION well and loved so much. mark of further respect for former Sen- Mr. BENNETT. Mr. President, I ask The PRESIDING OFFICER. The Sen- ator James Exon. unanimous consent that the resolution ate will now return to legislative ses- There being no objection, the Senate, be agreed to, the preamble be agreed sion. at 8:19 p.m., adjourned until Tuesday, to, and the motion to reconsider be laid f June 14, 2005, at 9:45 a.m. upon the table. The PRESIDING OFFICER. Is there ORDERS FOR TUESDAY, JUNE 14, f objection? 2005 Without objection, it is so ordered. Mr. BENNETT. Mr. President, I ask CONFIRMATION The resolution (S. Res. 170) was unanimous consent that when the Sen- Executive nomination confirmed by agreed to. the Senate: Monday, June 13, 2005: The preamble was agreed to. ate completes its business today, it The resolution, with its preamble, stand in adjournment until 9:45 a.m. on DEPARTMENT OF HOUSING AND URBAN reads as follows: Tuesday, June 14; I further ask that DEVELOPMENT S. RES. 170 following the prayer and pledge, the BRIAN D. MONTGOMERY, OF TEXAS, TO BE AN ASSIST- morning hour be deemed expired, the ANT SECRETARY OF HOUSING AND URBAN DEVELOP- Whereas J. James Exon served in the MENT. United States Army Signal Corps from 1942– Journal of proceedings be approved to THE ABOVE NOMINATION WAS APPROVED SUBJECT TO date, the time for the two leaders be THE NOMINEE’S COMMITMENT TO RESPOND TO RE- 1945 and in the United States Army Reserve QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY from 1945–1949; reserved, and that the Senate then re- CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 EXTENSIONS OF REMARKS 12325 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS 10 a.m. Cordero, to be Associate Judge of the Title IV of Senate Resolution 4, Budget Superior Court of the District of Co- To hold hearings to examine current fi- lumbia, and A. Noel Anketell Kramer, agreed to by the Senate on February 4, nancial condition and potential risks to be Associate Judge of the District of 1977, calls for establishment of a sys- relating to solvency of the Pension Columbia Court of Appeals. tem for a computerized schedule of all Benefit Guaranty Corporation. SD–562 meetings and hearings of Senate com- SD–608 Intelligence mittees, subcommittees, joint commit- Appropriations Closed briefing regarding intelligence tees, and committees of conference. District of Columbia Subcommittee matters. To hold hearings to examine proposed This title requires all such committees SH–219 budget estimates for fiscal year 2006 for to notify the Office of the Senate Daily 3 p.m. the government of the District of Co- Digest—designated by the Rules Com- lumbia. Aging mittee—of the time, place, and purpose SD–138 To hold hearings to examine the impact of the meetings, when scheduled, and Finance of soaring energy costs on the elderly. any cancellations or changes in the To hold hearings to examine strategies SH–216 meetings as they occur. for strengthening Medicaid. As an additional procedure along SD–628 JUNE 16 with the computerization of this infor- Homeland Security and Governmental Af- 9:30 a.m. mation, the Office of the Senate Daily fairs Foreign Relations Digest will prepare this information for To hold hearings to examine if the Fed- To hold hearings to examine stabiliza- printing in the Extensions of Remarks eral government is doing enough to se- tion and reconstruction regarding cure chemical facilities. building peace in a hostile environ- section of the CONGRESSIONAL RECORD SD–562 on Monday and Wednesday of each ment. 2:15 p.m. SD–419 week. Foreign Relations Meetings scheduled for Tuesday, Indian Affairs Business meeting to consider the nomi- To hold an oversight hearing to examine June 14, 2005 may be found in the Daily nations of Zalmay Khalilzad, of Mary- Indian education. land, to be Ambassador to Iraq, Digest of today’s RECORD. SR–485 Eduardo Aguirre, Jr., of Texas, to be Judiciary MEETINGS SCHEDULED Ambassador to Spain and Andorra, Business meeting to consider pending Julie Finley, of the District of Colum- JUNE 15 bia, to be U.S. Representative to the calendar business. 9:30 a.m. Organization for Security and Coopera- SD–226 Foreign Relations tion in Europe, with the rank of Am- Homeland Security and Governmental Af- To hold hearings to examine the nomina- bassador, Craig Roberts Stapleton, of fairs tions of Ronald E. Neumann, of Vir- Connecticut, to be Ambassador to Investigations Subcommittee ginia, to be Ambassador to the Islamic France, Robert Johann Dieter, of Colo- To resume hearings to examine tax delin- Republic of Afghanistan, Gregory L. rado, to be Ambassador to Belize, Dina quency problems with Federal contrac- Schulte, of Virginia, to be Representa- Habib Powell, of Texas, to be Assistant tors. tive of the United States of America to Secretary of State for Educational and SD–562 the International Atomic Energy Agen- Cultural Affairs, Rodolphe M. Vallee, 10 a.m. cy, with the rank of Ambassador, and of Vermont, to be Ambassador to the Banking, Housing, and Urban Affairs Representative of the United States of Slovak Republic, Molly Hering To hold hearings to examine S. 705, to es- America to the Vienna Office of the Bordonaro, of Oregon, to be Ambas- tablish the Interagency Council on United Nations, with the rank of Am- sador to the Republic of Malta, Ann Meeting the Housing and Service Needs bassador, and Michael E. Hess, of New Louise Wagner, of Missouri, to be Am- of Seniors. York, to be Assistant Administrator of bassador to Luxembourg, Donald E. SD–538 the United States Agency for Inter- Booth, of Virginia, to be Ambassador Commerce, Science, and Transportation national Development in the Bureau of to the Republic of Liberia, Pamela E. To hold hearings to examine Federal leg- Democracy, Conflict and Humanitarian Bridgewater, of Virginia, to be Ambas- islative solutions to data breach and Assistance. sador to the Republic of Ghana, Ter- identity theft. SD–419 ence Patrick McCulley, of Oregon, to SR–253 Indian Affairs be Ambassador to the Republic of Mali, 2 p.m. To hold an oversight hearing to examine Roger Dwayne Pierce, of Virginia, to Appropriations youth suicide prevention. be Ambassador to Republic of Cape Business meeting to markup H.R. 2360, SR–485 Verde, Christopher J. Hanley, of Mary- making appropriations for the Depart- Judiciary land, to be a Member of the Board of ment of Homeland Security for the fis- To hold hearings to examine issues relat- Directors of the Overseas Private In- cal year ending September 30, 2006, and ing detainees. vestment Corporation, Jorge A. SD–226 Plasencia, of Florida, to be a Member H.R. 2419, making appropriations for Commerce, Science, and Transportation of the Advisory Board for Cuba Broad- energy and water development for the National Ocean Policy Study Sub- casting, Jay T. Snyder, of New York, to fiscal year ending September 30, 2006. committee be a Member of the United States Advi- zSD–106 To hold hearings to examine coral reef sory Commission on Public Diplomacy, 2:30 p.m. ballast water. and promotion lists in the foreign serv- Commerce, Science, and Transportation SR–253 ice. To hold hearings to examine the nomina- 9:50 a.m. S–116, Capitol tions of William Alan Jeffrey, of Vir- Health, Education, Labor, and Pensions 2:30 p.m. ginia, to be Director of the National In- Business meeting to consider the nomi- Homeland Security and Governmental Af- stitute of Standards and Technology, nation of Lester M. Crawford, of Mary- fairs and Israel Hernandez, of Texas, to be land, to be Commissioner of Food and To hold hearings to examine the nomina- Assistant Secretary of Commerce and Drugs, Department of Health and tions of Linda M. Springer, of Pennsyl- Director General of the United States Human Services. vania, to be Director of the Office of and Foreign Commercial Service, both SD–430 Personnel Management, Laura A. of the Department of Commerce, Ashok

● 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 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12326 EXTENSIONS OF REMARKS June 13, 2005 G. Kaveeshwar, of Maryland, to be Ad- 10:30 a.m. JUNE 29 ministrator of the Research and Inno- Agriculture, Nutrition, and Forestry 9:30 a.m. vative Technology Administration, De- To hold hearings to examine the Live- Indian Affairs partment of Transportation, and Ed- stock Mandatory Reporting Act of 1999. Business meeting to consider pending mund S. Hawley, of California, to be SR–328A committee issues. Assistant Secretary of Homeland Secu- 2:30 p.m. SR–485 rity for Transportation Security Ad- Commerce, Science, and Transportation 10 a.m. ministration. Aviation Subcommittee Commerce, Science, and Transportation SR–253 To hold hearings to examine financial To hold hearings to examine Spectrum- 3 p.m. stability of airlines. DTV. Intelligence SR–253 SR–253 To hold hearings to examine the nomina- 2:30 p.m. tion of Janice B. Gardner, of Virginia, JUNE 23 Commerce, Science, and Transportation to be Assistant Secretary of the Treas- Disaster Prevention and Prediction Sub- ury for Intelligence and Analysis. 10 a.m. committee SDG–50 Commerce, Science, and Transportation To hold hearings to examine national Business meeting to consider pending weather service-severe weather. JUNE 21 calendar business. SR–253 10 a.m. SR–253 Commerce, Science, and Transportation Health, Education, Labor, and Pensions JUNE 30 Fisheries and Coast Guard Subcommittee To hold hearings to examine Family 10 a.m. To hold hearings to examine the Coast Medical Leave Act. Commerce, Science, and Transportation Guard’s revised deepwater implementa- SD–430 Technology, Innovation, and Competitive- tion plan. Veterans’ Affairs ness Subcommittee SR–253 To hold hearings to examine pending vet- To hold hearings to examine e-health ini- Rules and Administration erans benefits related legislation. tiatives. To hold hearings to examine the issue of SR–418 SR–253 voter verification in the Federal elec- 2 p.m. 2 p.m. tions process. Appropriations Appropriations SR–301 Business meeting to markup H.R. 2744, Business meeting to markup H.R. 2528, 3 p.m. making appropriations for Agriculture, making appropriations for military Appropriations Rural Development, Food and Drug Ad- quality of life functions of the Depart- Agriculture, Rural Development, and Re- ministration, and Related Agencies for ment of Defense, military construc- lated Agencies Subcommittee the fiscal year ending September 30, tion, the Department of Veterans Af- Business meeting to markup H.R. 2744, 2006, and proposed legislation making fairs, and related agencies for the fiscal making appropriations for Agriculture, appropriations for fiscal year 2006 for year ending September 30, 2006, pro- Rural Development, Food and Drug Ad- posed legislation making appropria- the Legislative Branch. ministration, and Related Agencies for tions for fiscal year 2006 for the Depart- SD–106 the fiscal year ending September 30, ment of State, and proposed legislation 2006. making appropriations for fiscal year JUNE 28 SD–192 2006 for foreign operations. 10 a.m. SD–106 JUNE 22 Agriculture, Nutrition, and Forestry 3 p.m. 9:30 a.m. To hold hearings to examine the Agricul- Health, Education, Labor, and Pensions Indian Affairs tural Risk Protection Act of 2000 and Education and Early Childhood Develop- To hold an oversight hearing to examine related crop insurance issues. ment Subcommittee the In Re Tribal Lobbying Matters, Et SR–328A To hold hearings to examine issues relat- Al. Commerce, Science, and Transportation ing to American history. SH–216 Global Climate Change and Impacts Sub- SD–430 10 a.m. committee Commerce, Science, and Transportation To hold hearings to examine coastal im- SEPTEMBER 20 To hold hearings to examine telecom pacts. 10 a.m. mergers. SR–253 Veterans’ Affairs SR–253 Indian Affairs To hold joint hearings with the House Health, Education, Labor, and Pensions To hold an oversight hearing to examine Committee on Veterans Affairs to ex- Business meeting to consider pending regulation of Indian gaming. amine the legislative presentation of calendar business. Room to be announced the American Legion. SD–430 345 CHOB

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE