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

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

Vol. 152 WASHINGTON, TUESDAY, JUNE 13, 2006 No. 75 House of Representatives The House met at 9:30 a.m. and was increasingly by radicals, and their suc- see by the poster out here, Border Pa- called to order by the Speaker pro tem- cess is spreading and has been coupled trol, I recently heard about a racist pore (Mr. CAMPBELL of California). with a rise in hate crimes across our game distributed freely on the Internet f country. And I state, across the coun- called the ‘‘Border Patrol’’ that entry. courages players to shoot at immi- DESIGNATION OF SPEAKER PRO Police reports document a growing grants as they cross the United States, TEMPORE number of acts of violence by far right as you can see right here. These games The SPEAKER pro tempore laid be- extremists against Hispanics regardless first surfaced in the year 2002, but have fore the House the following commu- of their status as citizens, whether come up once again and aimed at im- nication from the Speaker: they are profiling them, making re- migration debate. marks, creating different kinds of atti- The Border Patrol games. In the WASHINGTON, DC, game the Border Patrol, Mexican June 13, 2006. tude and atmosphere and hate. The I hereby appoint the Honorable JOHN Anti-Defamation League, a nonprofit Americans are incarcerated and pre- CAMPBELL to act as Speaker pro tempore on that fights anti-Semitism and other bi- sented with disgusting and harmful this day. ases, put out a report last month that stereotypes. The game does not present J. DENNIS HASTERT, said hateful and racist rhetoric aimed them as hard-working individuals who Speaker of the House of Representatives. at Latino immigrants had grown to a come to this country, like any other f level unprecedented in recent years. who has come to this country before, The report detailed numerous exam- to build better opportunity. This coun- MORNING HOUR DEBATES ples of hate crimes, including two men try is built on immigrants, and many The SPEAKER pro tempore. Pursu- in Tennessee who were sentenced to individuals come here for that reason, ant to the order of the House of Janu- prison in December for shattering a not for the reason displayed in this ary 31, 2006, the Chair will now recog- window and painting Nazi symbols in a Border Patrol display that we have out here. nize Members from lists submitted by local Mexican market. Near Houston, the majority and minority leaders for People have come to contribute to two white teenagers were arrested in our country and will continue to come morning hour debates. The Chair will April accused of beating a Latino alternate recognition between the par- to contribute to this country because youth and sodomizing him with a pipe. they believe in America and its prin- ties, with each party limited to not to Days later on Long Island, a white teen exceed 30 minutes, and each Member, ciples and what it stands for. Instead, was accused of threatening two Latinos you can see from the poster that Mexi- except the majority leader, the minor- with a machete and a chain saw. Police can American immigrants are labeled ity leader, or the minority whip, lim- say ethnic slurs were used in each case. as bandoleer-wearing Mexican nation- ited to not to exceed 5 minutes. We must condemn these kind of acts alists, tattoo-touting drug smugglers, The Chair recognizes the gentleman and work to promote a unified Amer- and pregnant breeders who must be from California (Mr. BACA) for 5 min- ica, work to promote a unified Amer- kept out at any cost. utes. ica. Even the President has warned us In the second poster, as you can see f of the dangerous rhetoric being used in out here, Border Patrol 2, as you can discussions on immigration. During his see by the second poster the object of HATE CRIMES speech last month he noted, ‘‘America the Internet game Border Patrol is to Mr. BACA. Thank you very much, needs to conduct this debate on immi- shoot Mexican immigrants as they try Mr. Speaker. The topic I want to talk gration in a reasonable and respective to cross the borders into the United about this morning is hate crimes. As tone. We cannot build a unified coun- States. Here, again, we are talking immigration debate has intensified, try by inciting people to anger or play- about hate crimes, attitudes and be- white supremists, neo-Nazis, and other ing on anyone’s fear or exploiting the havior by individuals. Here, a family is racists have increased their efforts to issue of immigration for political being targeted as they rush past a sign spread the racist message. White gains.’’ And I state, exploiting it for that reads, ‘‘Welcome to the United supremists have not simply expressed political gains. States.’’ The sign contains the Amer- racist convictions but have urged oth- The white supremists are employing ican flag in which the stars rep- ers and white Americans generally to sophisticated techniques to spread resenting 50 states have been replaced fight back against perceived invasion their message over the Internet includ- with a Jewish Star of David, and a of white United States by Hispanics ing blogs, chat rooms, and racist and small sign that appears below that from Mexico. The rhetoric has grown violent video games. And as you can says, ‘‘Welfare Office’’ with an arrow.

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

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VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.000 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3792 CONGRESSIONAL RECORD — HOUSE June 13, 2006 These games are not only obscene, it roots activism in support of America’s immi- ‘‘want you out of here because they want incites anger and violence in the minds grant community, extremists have become this as their land.’’ After the rally, the of children and creates attitude and be- increasingly emboldened by, and fixated on, Klansmen burned a cross in a field outside of havior changes. Psychologically then the controversy over immigration policy, en- town. people begin to think in terms of couraging their supporters to capitalize on In Montgomery, Alabama, the neo-Confed- the issue by encouraging antiimmigrant ac- hating anyone of color. And when you erate group League of the South and the Co- tivism, and even violence against all His- alition against Illegal Immigration together hate people of color, you demonstrate panics. organized an anti-immigration ‘‘Cinco de hate and anger. The fact that the na- While white supremacists have for many Mayo’’ demonstration on May 5. Promoting tional immigration debate is fueling years attempted to exploit rising anti-immi- the event in his racist and anti-Semitic their efforts in is downright scary. gration sentiments in the U.S., the level and newspaper First Freedom, Olaf Childress Border Patrol is one of several racist intensity of their attacks against Hispanics wrote that he planned to be there, ‘‘maybe computer games that hate groups are has reached dangerous new highs, with right- even with a baseball bat. Already got a currently offering for sale or download wing extremists joining anti-immigration placard in mind: MEX GET THE HELL OUT on the Internet. Other games like Eth- groups, distributing anti-immigrant propa- OF MY COUNTRY.’’ Childress did show up nic Cleansing, Drive By 2, and African ganda and holding frequent antiimmigration with such a placard and a baseball bat, tell- rallies and protests. Detroit Cop were created to further ing a local reporter that ‘‘Jewish suprema- As a result, Hispanics, regardless of their cists’’ had a plan to abolish the borders of racism, anti-Semitic, and other opin- citizenship or immigration status, increas- the U.S. Other signs at the demonstration ions. ingly are becoming the targets of hatred and displayed slogans such as ‘‘multi-culturalism These images on poster number three violence from hardcore white supremacists. is liberal insanity.’’ In Greenville, South is Save The Last Dance. This image Racists ranging from neo-Nazis to Klans- Carolina, the racist Council of Conservative contains an altered movie poster. The men to racist skinheads are among the most Citizens held an anti-immigration dem- actual film featured an interracial ro- active anti-immigration activists in the onstration on April 29 in front of the offices mance between teenagers. As you note country. Motivating their actions is the core of Republican Congressman Lindsey Graham, in the version of this poster, the Afri- conviction of modern white supremacist ide- where they burned Mexican flags and dis- ology: That the white race itself is threat- played signs such as ‘‘More INS, Less IRS,’’ can-American male is depicted by a go- ened with extinction by a ‘‘rising tide of rilla. The poster also spreads a tradi- ‘‘Vote for Pedro to Go Home,’’ and ‘‘I Didn’t color’’ controlled and manipulated by Jews. Fight in Iraq for Illegal Aliens.’’ tional anti-Semitic attack that blames This following report examines the recent White supremacists also showed up to Jews for controlling the American record of extreme rhetoric and violence from counter events organized by immigration media and suggests that a film about white supremacist groups and their followers and human rights activists, in particular the interracial tolerance and mutual re- that has played out against the backdrop of May 1 ‘‘Day without Immigrants’’ events or- spect is somehow Jewish propaganda. the immigration debate in America. ganized around the country by immigrant The most obvious message of this post- WHITE SUPREMACIST ANTI-IMMIGRATION rights activists. In San Angelo, Texas, mem- er is that the way to deal with mem- PROTESTS bers of the Empire Knights of the Ku Klux bers of minority groups, as well as White supremacists have taken to the Klan showed up to counter local events. In whites who have relationships with streets in a deliberate attempt to attract Dayton, Ohio, half a dozen members of the them, is with violence. publicity and to exploit and co-opt the na- neo-Nazi National Socialist Movement appeared in Nazi uniforms at a pro-immigra- It only takes one individual with tional discussion on immigration for their own hateful purposes. Viewing immigration tion march to protest, in their words, ‘‘the hate in his heart to act on these no- as a ‘‘wedge’’ issue through which they be- illegal wetback scum and Shabbat goy mud tions. For us, that is a very real con- lieve they can foist their racist and anti-Se- lovers.’’ In Madison, Wisconsin, in April, cern as the national discussion on im- mitic views on the American public, and at- members of the neo-Nazi New Order passed migration continues to gain momen- tract recruits and attention for themselves, out literature at an immigrant rights event tum. We cannot have this debate at the white supremacists have organized a number at the capitol. expense of the safety of immigrants in of rallies and protests with anti-immigration Even where white supremacists have not our communities and total Americans and anti-Hispanic themes. shown up in person, they have plastered who are here in the United States. Many of the extremist events have taken communities around the country with crude I understand that not everyone in place in southern states. There, white su- anti-Hispanic and anti-immigration fliers. In Congress agrees with a more inclusive premacists hope to exploit anti-immigration Bakersfield, California, for example, one sentiment that has risen as a result of a sig- community was littered with National Van- vision of the American family or the nificant influx of Hispanic immigrants, pri- guard fliers that read ‘‘Civilization: One Job American dream to be here in the marily agricultural workers, into areas of Mexicans Won’t Do.’’ Residents of Pasadena, United States and to have what every- the South that had never before had a sub- Texas, discovered racist fliers that urged body else has and to build a better life stantial Hispanic population. people to burn down the homes of people for themselves. Instead of recognizing Demonstrations, rallies and other events thought to be illegal immigrants. taking place in spring 2006 included: the needs for real comprehensive immi- BORDER VIGILANTE GROUP EVENTS gration reform, some Republicans have In Seattle, Washington, and Las Vegas, Ne- Anti-immigration border vigilante groups viewed this issue to play on people’s vada, members of the neo-Nazi National Van- guard held anti-immigration protests on have also organized anti-immigrant events fear and exploit the debate for their po- May 20. On its Web site, the National Van- around the country this spring. The largest litical gains. I hope that people under- guard declared that day to be a ‘‘day of pro- border vigilante group, the Minuteman stand what is going on now and at the test against George W. Bush’s plan to de- Project, held a reprise in April of their 2005 national level. stroy America,’’ calling the president’s im- vigilante border patrols along the Arizona- EXTREMISTS DECLARE ‘OPEN SEASON’ ON IMMI- migration proposals a ‘‘sellout of the na- Mexico border, and followed up with a cara- GRANTS: HISPANICS TARGET OF INCITEMENT tion.’’ In Seattle, neo-Nazis appeared along van that staged anti-immigration events AND VIOLENCE Interstate 1–5, displaying signs for motorists across the country. One Minuteman event in OVERVIEW stuck in traffic to read. In Las Vegas, white Birmingham, Alabama, was organized by Mike Vanderboegh, a former militia leader. As the public debate over immigration re- supremacists held a small rally in front of At the rally, an attendee distributed copies form has taken center-stage in American the federal courthouse. of Olaf Childress’s racist and anti-Semitic politics and public life, white supremacists, In Keene, New Hampshire, New England newspaper, First Freedom. Other anti-immi- neo-Nazis and other racists have declared members of the Arkansas-based neo-Nazi gration groups held rallies from Arizona to ‘‘open season’’ on immigrants and attempted group White Revolution held a self-described Minnesota. to co-opt and exploit the controversy by fo- ‘‘anti-invasion’’ demonstration on May 7 to cusing their efforts—and their anger—on the protest ‘‘the invasion of America by illegal Anti-immigration groups have also turned minority group at the center of the con- non white hordes.’’ Members of other white to publicity stunts. The Minutemen, for ex- troversy: Hispanics. supremacist groups, ranging from the Na- ample, declared on May 9 that they would As a result, to a level unprecedented in re- tional Socialist Movement to the American start building their own ‘‘border security cent years, America’s Latino immigrant pop- Front, also showed up. fence’’ on private property along the border ulation has become the primary focus of In Russellville, Alabama, members of the with Mexico, unless the federal government hateful and racist rhetoric and extreme vio- Alabama chapter of the Indiana-based Na- itself deployed the military or erected such lence—aided, abetted and encouraged by tional Knights of the Ku Klux Klan held an fencing. The Minutemen claimed that they America’s white supremacist and racist hat- anti-immigration rally on May 6, yelling had received nearly $200,000 in donations to ers. ‘‘Let’s get rid of the Mexicans!’’ National build such a fence. Other border vigilante Spurred in recent weeks by the debate on Knights leader Ray Larsen was on hand, tell- groups have already begun or announced Capitol Hill and the groundswell of grass- ing the crowd that gathered that immigrants similar projects.

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THE RHETORIC: DECLARING ‘‘OPEN SEASON’’ ON that ‘‘they are barbarians, they are our en- white supremacist contacts. Martin did so, IMMIGRANTS emies, they want to destroy our civilization forwarding the message to several white su- White supremacists have not simply ex- and we have to fight them. We need to orga- premacist forums on Yahoo and Usenet in pressed racist convictions, but have urged nize better and be more open activists; oth- early April, but unfortunately for Lawless, each other and white Americans generally, erwise, I only see race war in the future.’’ Martin ignored the part of her message to ‘‘fight back’’ against the perceived inva- Another Stormfronter, ‘‘Strasser,’’ wrote in which read, ‘‘Please don’t use my name,’’ sion of the ‘‘white’’ United States by His- November 2005 that ‘‘White minorityhood on and instead forwarded the message in full. panics from Mexico. a national level is a very real possibility. Lawless’s e-mail, titled, ‘‘how to get rid of The rhetoric in such pronouncements has How can White folk tolerate this? Do they them,’’ urged a variety of intimidating, grown increasingly radical. ‘‘Beaner Brown care that most minority populations become harassing, and even illegal and violent tac- Supremacist Militias of Latino Communist a cultural hostage? What is the interest in tics to intimidate immigrants into leaving immigrants firmly intend to conquer [the having their children a minority on a the U.S., including cutting down the broad- southwest],’’ suggested a topic heading on mestizo dominated campus? Mestizo immi- cast tower for a Spanish language radio sta- the white supremacist Legion of Saints mes- gration is going to force White America to tion near Phoenix and stealing money from sage board recently. ‘‘Will White Americans make some very important decisions.’’ illegal aliens. ‘‘I hear the red necks in the sit back, watch it happen & let them do it? Such statements appear routinely on white South are beating up illegals as the textile Or will White Americans ‘remember the supremacist Web sites and in white suprema- mills have closed,’’ she wrote. ‘‘Use your Alamo!?’’’ cist literature. imagination.’’ Such voices are unfortunately hardly iso- Perhaps the white supremacist most active Lawless’s suggestions were consistent with lated. Here are just a few recent examples: in explicitly advocating extreme violence previous statements she had made, including Alabaman Larry Darby, a Holocaust denier against Hispanics is New Jersey racist radio a late March posting to an anti-immigration and candidate for Alabama attorney general, talk show host Hal Turner. He reserves his Internet forum in which she wrote that ‘‘my recently stated in a May 3 interview on Ala- most extreme statements to urge violence Southern friend tells me the rednecks in the bama Public Television that he wanted Na- against illegal immigrants from Mexico: South just beat [illegal aliens] up. Unfortu- tional Guard troops on the border with or- May 3, 2006: Following the May 1 dem- nately, there are too many of them to use ders to ‘‘shoot to kill, absolutely . . . we are onstrations, Turner posted to his Web site a that tactic there any more.’’ at war, we are being invaded by a foreign 145-page ‘‘ethnic cleansing manual’’ that he Earlier, in February, Lawless posted to a country, we are at war.’’ said explained ‘‘in graphic detail why white Texas Minuteman message forum that ‘‘We James Wickstrom and Frances Farrell, the people need to prepare to ethnically cleanse need borders to . . . preserve our culture, in- virulently racist and anti-Semitic hosts of this nation and how to do it using force and stead of accepting any kind of flotsam and the ‘‘Yahweh’s Truth’’ radio program, violence.’’ jetsam that seeks to float into our terri- blamed Jews for the immigration ‘‘invasion’’ October 31, 2005: ‘‘Slowly but surely we are tory.’’ on his May 3 broadcast. Wickstrom claimed headed toward the solution that I have been Mark Martin himself seemed willing to that pro-immigrant marches were being or- advocating for years: kill illegal aliens as personally engage in intimidating tactics. In ganized and financed by ‘‘communist Jews’’ they cross into the U.S. When the stench of early May, he admitted in a Google Internet and the ‘‘communist Catholic church,’’ and rotting corpses gets bad enough, the rest will forum that he and another member of the that Jewish organizations are ‘‘criminal ac- stay away.’’ National Socialist Movement had passed out complices of these illegal aliens.’’ Farrell October 11, 2005: ‘‘For years I have been racist fliers in Covington, Ohio, at houses suggested that ‘‘one attack on one of their publicly advocating on my radio show and ‘‘surrounding a suspected illegal Mexican marches with automatic weapons or even this web site, that Mexican illegal aliens be jobsite.’’ The two neo-Nazis also approached just rifles will put a stop to them and the shot dead as they cross into the U.S. ille- workers at the jobsite and demanded to see time’s coming when this is going to happen.’’ gally . . . I plant the seeds verbally and the identification from them. When workers re- One member of an Aryan Nations faction, seeds grow in the minds of others . . . I am fused, Martin allegedly told one of them that ‘‘Pastor’’ Jay Faber of Pennsylvania, proud to advocate even more killings!’’ he ‘‘was an illegal, wetback who was stealing claimed on April 10 on the Aryan Nations July 15, 2005: ‘‘I once again advocate ex- American jobs and . . . spreading disease.’’ Internet forum that ‘‘I already know they treme violence against Mexicans . . . Once Workers called the police, who told the neo- will not throw one of these stumpy little they’re dead, their heads should be cut off Nazis to leave or be charged with harass- brown beasts out of here, so for the amount and put on pike poles as a warning to oth- ment. of guats in my area, I have at least 10 rounds ers.’’ THE VIOLENCE: GROWING NUMBER OF ASSAULTS May 17, 2005, responding to news that a res- of ammunition for each of them.’’ Not surprisingly, white supremacists have taurant owned by the mayor of Denver had Aryan Nations faction leader August Kreis not limited their actions to hateful or even employed an illegal alien who allegedly mur- in October 2005 claimed on his Web site that violent rhetoric. The past several years have dered a police officer: ‘‘. . . his policy of af- ‘‘this infestation of cockroaches need depor- seen a growing number of violent assaults fording sanctuary to other illegal aliens tation or extermination!’’ If legal means of and attacks by white supremacists against makes Mayor John Hickenlooper worthy of ‘‘stopping this rising tide’’ were not enough, legal and illegal Hispanic immigrants, as being killed. I sincerely hope that someone ‘‘then these brown squat monsters should well as Hispanic American citizens. The takes a rifle with a scope and puts a bullet begin to turn up dead all across Amerika . . . crimes have ranged from vicious vandalism through [his] head.’’ We now have another game animal to add to to brutal assaults and murders. In most May 15, 2005: ‘‘I advocate extreme violence our list of available targets for our favorite cases, the perpetrators did not even know against illegal aliens . . . I think it would be pastime, hunting, and we’ll declare perma- the victims, but targeted them solely be- terrific to trap them by their ankles in steel nent open season on these dirty wetbacks! cause of their appearance. bear traps then beat them to death when you From what I have heard through the grape- Only a minority of hate crimes are com- return and find them in the trap . . . Oh, if vine the Skinheads and Klans across the mitted by ideological extremists, but such any American sides with the illegals—like a country are more than prepared for this type extremists have committed some of the big mouth politician or a politically correct, of action. I say let’s play by state and see worst hate crimes in America. The increased ass-kissing local sheriff, lawyers, judges, or which state can claim the most kills and let willingness of such white supremacists, espe- the like—it would be a real public service to the jewsmedia whores keep score!’’ cially racist skinheads, to attack Hispanics kill them too!’’ Oregon National Socialist Movement lead- represents a dangerous and disturbing trend. er Jim Ramm wrote in June 2005 that ‘‘the ANTI-IMMIGRATION GROUPS Here are some of the hate crimes com- browner invasion is much like a cancerous The violent rhetoric has not come only mitted by white supremacists against His- tumor that should of [sic] been removed. But from explicitly white supremacist groups, panics in the U.S. in the past three years. instead, it was allowed to grow and infect but also from members and leaders of anti- April 29, 2006, New York. A teenager was other organs . . . as this brown disease rages immigration groups. Anti-immigration ac- arrested in East Hampton, Long Island, after out of control the white patient faces racial tivist Fred Puckett, the leader of ‘‘Minute- he allegedly threatened a Hispanic teenager death.’’ man of One,’’ was caught on camera in late with a machete and chased a second teenager Kevin Strom, leader of the neo-Nazi Na- April telling an undercover reporter for a with a chain saw while shouting racial epi- tional Vanguard, gave a shortwave radio local Phoenix television station that ‘‘once thets. Described by classmates as a skin- broadcast in June 2005 in which he claimed you shoot a couple of these sons of bitches, head, the alleged perpetrator had previously that ‘‘These Mestizo invaders are so different they’ll think twice.’’ posted to the Internet photographs of him- from us that by mixing with them or being Perhaps most strikingly, Arizona anti-im- self posing as a Nazi and adorning a shed dispossessed by them we will cease to live, migration activist Laine Lawless, who has with swastikas. He and two others, whom po- we will cease to be ourselves or have a place been associated with several border vigilante lice have allegedly linked to the incident, to exist to support the lives of our future groups and eventually started the group Bor- were suspended from school. generations. And that is the crucial reason der Guardians in 2005, sent an e-mail in April April 22, 2006, Texas. David Henry Tuck. 18, why this invasion must be stopped.’’ to a prominent Ohio member of the neo-Nazi and Keith Robert Turner, 17, were arrested ‘‘AliisioRex,’’ a member of the neo-Nazi National Socialist Movement, Mark Martin, and charged with aggravated sexual assault web forum Stormfront, wrote in July 2005 asking him to pass its contents on to his in the brutal attack of a teenage Hispanic

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.008 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3794 CONGRESSIONAL RECORD — HOUSE June 13, 2006 high school student in Houston. The victim Vanderstappen to 20 years in prison for try- pleading no contest to a misdemeanor hate was beaten and sodomized with a plastic pipe ing to kill a Hispanic man while in a holding crime. Lentz was the last of four racist from a patio umbrella, then kicked in the cell in July 2005 awaiting sentencing for a skinheads to be sentenced for luring a His- head with steel-toed boots. He was left with racketeering charge. The victim had stab panic man outside a bar in Waukesha, then head wounds and major internal injuries. wounds to his neck, throat and chest. In hitting him on the head with a bottle and re- The victim had bleach poured on him and court, Vanderstappen, a member of the noto- peatedly kicking him. Mark Davis II of Wa- was burned with cigarettes. Witnesses alleg- rious Soldiers of Aryan Culture white su- tertown earlier received a 31⁄2 year sentence edly stopped the attackers from carving premacist prison gang, admitted that he tar- and two years of extended supervision, Kasey something onto the victim’s chest. Tuck is a geted the victim because he was Hispanic, Bieri received an 18-month jail term and self-described skinhead who sports Nazi tat- saying ‘‘I intentionally tried to kill him.’’ three years of probation, and Jeffrey toos. In 2003, at age 14, Tuck and two adult Vanderstappen pleaded guilty to attempted Gerloski received four months in jail and white supremacists were implicated in the murder. two years probation. racially motivated beating of a Hispanic September 2005, New Jersey. Joseph June 2004, Texas. Ranch Rescue member man, according to court records and wit- Schmidt of Little Egg Harbor received a sen- Casey Nethercott was convicted by a Texas nesses. The two adults received federal and tence of three years’ probation in September jury of felony firearm possession in connec- state sentences for their role; juvenile 2005 after pleading guilty in June to two tion with an attack on two illegal immi- records are not public in Texas. counts of bias intimidation, two counts of grants from El Salvador outside of January 2006, California. Ryan Nicholas aggravated assault, two counts of criminal Hebbronville, Texas, in 2003. He was sen- Newsome, a member of the Another Order mischief, two counts of possessing weapons tenced to five years in prison. The two immi- white supremacist gang, pleaded no contest for an unlawful purpose, and simple assault. grants (now in the U.S. legally) successfully on January 20, 2006, to assault charges in The charges were related to a string of at- sued Nethercott and others involved in the Yuba County. He pleaded no contest to as- tacks on minorities, primarily Hispanics, in incident for a total judgment of $1,450,000. sault with force likely to cause great bodily Ocean County in 2003. Schmidt, a member of November 2003, Idaho. Aryan Nations mem- injury with a criminal street gang enhance- the white supremacist skinhead group East ber Zachary Beck was arrested for felony ment as a result of an August 2005 incident, Coast Hate Crew, received a light sentence malicious harassment as a hate crime for at- in which he and an associate allegedly as- because he had cooperated with authorities tacking a Hispanic male in the parking lot of saulted a Hispanic man. in prosecuting other members of the group. a supermarket after asking if the victim was December 2005, Tennessee. A Blount Coun- Three others involved in the incident plead- Mexican. While awaiting trial on that ty judge on December 1, 2005, sentenced ed guilty and one was acquitted. Others have charge, he was later re-arrested after alleg- Jacob Allen Reynolds and Thomas Matthew yet to go to trial. edly shooting at a police officer in Longview, Lovett to four years in prison and six July 2005, California. Four people, three Washington, during a standoff. He still months in prison (and two and a half on pro- men and one woman, were arrested in River- awaits trial on the alleged crimes. bation) respectively after they pleaded side, California, on July 11–12, 2005, charged June 2003, California. Two racist guilty to vandalizing a Mexican food store in with making terrorist threats with a hate skinheads, Waylon Kennell and James Maryville on May 7, 2005, causing over $17,000 crime enhancement. Some of the people ar- Grlicky, were convicted in separate trials for in damages. The men allegedly broke win- rested had ‘‘white pride’’ tattoos, according the brutal beating of a Mexican migrant dows and a refrigerator, vandalized a car, to authorities, who also seized a variety of worker in San Diego in the fall of 2003. and spraypainted Nazi symbols on the store. white supremacist items. According to po- Grlicky was convicted of attempted murder, Three others charged still await trial. lice, the suspects drove to a home and chal- conspiracy, robbery, assault and battery, November 2005, Texas. Christopher lenged several Hispanics there to a fight, with a hate crime enhancement. Kennell was Chubasco Wilkins, a prison escapee, was re- threatening them and using racial slurs. A convicted of assault causing great bodily in- captured on November 5 and charged with similar episode occurred the next night. Ac- jury and battery with serious bodily injury. murdering three men in the Fort Worth area cording to police, the people arrested According to the prosecutor in the case, the during his month-long escape. Wilkins, who claimed no particular group affiliation but two went hunting for a ‘‘beaner’’ to beat and is according to police a self-proclaimed white said they were proud to be ‘‘members of the rob. They kicked the victim in the head separatist heavily tattooed with a variety of Aryan race.’’ around a dozen times, including white supremacist tattoos. including a por- May 2005, Arizona. White supremacist ‘‘curbstomping’’ him—kicking down on the trait of Adolf Hitler, is alleged to have killed Steve Boggs was sentenced to death on May back of the head when the victim’s open two Hispanic men and one African-American 13, 2005, for murdering three fast-food work- mouth is placed against a concrete curb man by gunshots to the head. Police are ex- ers in Mesa, Arizona, in 2002 during a rob- (emulating a scene in the movie ‘‘American amining a possible racial motive. Wilkins bery. He had been convicted of three counts History X’’). The victim suffered brain dam- had been living at a halfway house in Hous- of first-degree murder and various robbery, age as a result of the attack. ton, after being released from federal prison, burglary and kidnapping charges. Boggs shot May 2003, New Hampshire. Aryan Nations and left the house without permission. the victims, a Native American and two His- member Russell Seace, Jr., of Hampton November 2005, Tennessee. A federal judge panics, then stuffed their bodies into a freez- Beach, pleaded guilty on May 27 to being a sentenced former Klansman Daniel James er at the store. Boggs wrote to a Mesa police felon in possession of a firearm as part of a Schertz to 14 years in prison for selling pipe detective that he had wanted to ‘‘rid the plea bargain with the federal government. In bombs to a person he thought would use world of a few needless illegals. I don’t feel exchange for money, Seace had agreed to kill them to kill Mexican and Haitian immi- sorry.’’ Another defendant still awaits trial. a Hispanic inmate after he was released, in grants. The person turned out to be an un- According to prosecutors, the two men were retaliation for an alleged attack by the His- dercover informant. Schertz, a former cor- members of a small hate group they called panic man on a white prison inmate. rections officer and member of the North the Imperial Royal Guard. February 2003, Oregon. A Mexican Georgia White Knights of the Ku Klux Klan, May 2005, Texas. Two racist skinheads landscaper in Beaverton was beaten with a pleaded guilty to making five pipe bombs to pleaded guilty on May 5, 2005, to a racially baseball bat, robbed, and told to ‘‘go back be used to blow up a bus carrying Mexican motivated beating of a Hispanic man in Jan- home,’’ by a man with a shaved head and a workers. Later, Schertz expressed gratitude uary 2003. Douglas Brannan of Hockley and coat with ‘‘KKK’’ on it. Baseball bats are one that the government had stopped him, but Mark Fletcher Smith of Spring, both sport- of the weapons preferred by racist skinheads. said, ‘‘We should have people here who know ing many white supremacist tattoos, were Authorities posted a reward but were unable how to speak English. They are over here il- convicted of civil rights violations. The two to make an arrest in the crime. legally and nothing gets done to them.’’ men, and a teenager, had attacked a His- October 2005, California. A Sacramento panic customer at a gas station, beating him ANTI-IMMIGRATION ACTIVISTS AND WHITE man and two other suspects who allegedly and kicking him with steel-toed boots until SUPREMACISTS attacked and injured six people in a hate- he was unconscious while shouting ‘‘border It is not surprising that the most radical crime spree at two local parties were ar- jumper,’’ ‘‘spic,’’ and ‘‘we kill people like anti-Hispanic sentiment is coming from rested in the early morning of October 16, you.’’ Brannan received a five year sentence white supremacists; however, there are other 2005. Ryan Marino, 22, posted bail from El and Smith a three year sentence. groups joining the anti-Hispanic crusade. Dorado County Jail later Sunday after being December 2004, California. Ten racist With mounting public awareness and concern charged on four counts of assault with a skinheads from Redlands and Riverside at- over illegal immigration in America, the deadly weapon with an extenuating cir- tacked three Hispanics in the parking lot of issue is also being exploited by extreme anti- cumstance of a hate crime. He allegedly used a topless bar on December 29, 2004. According immigration activists, some of whom are brass knuckles after shouting epithets to police, they assaulted the men while reaching out to white supremacists. The against Hispanics and proclaiming ‘‘white yelling racial slurs at them and identifying rhetoric of these activists is largely aimed at pride’’ at a home Sunday evening. Party themselves as members of skinhead groups. Mexicans, not other illegal aliens, and fre- attendees later identified Marino, who police No arrests have yet been made. quently does not distinguish between Mexi- said crashed the parties with the intent of November 2004, Wisconsin. Mark Lentz of cans and Mexican-Americans. ‘‘beating up Mexicans.’’ Sheldon, Wisconsin, received a three-month This extreme end of the anti-immigration September 2005, Utah. A federal judge on sentence and two years of probation, as well movement includes both anti-Hispanic hate September 27, 2005, sentenced Lance as 40 hours of community service, after groups masquerading as immigration reform

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.010 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3795 groups as well as vigilante border patrol virulently anti-Hispanic themes within the attack in the history of our country, groups, who conduct armed patrols along the game, it also hints at anti-Semitic myths we have committed hundreds of bil- borders of the United States. Several border such as ‘‘Jewish control’’ of the U.S. through lions of dollars in Iraq. More important vigilantes have been arrested on weapons an image where the border is represented by than that, over 20,000 young Americans charges. Casey Nethercott, for example, as- a bullet-ridden sign showing an American sociated with border vigilante groups such as flag whose 50 stars have been replaced by a have either been killed or seriously Ranch Rescue and the Arizona Guard, is cur- single Jewish Star of David. wounded going after Saddam Hussein, rently serving a five-year prison term on Under this sign, another small sign directs who did not attack us, while Osama bin weapons charges stemming from a 2003 inci- the Mexicans to a ‘‘Welfare Office.’’ The Laden, who did attack us, is still alive, dent in which he and others confronted and player ‘‘wins’’ when he or she has made 88 free, planning another attack on our assaulted two Salvadorans when on ‘‘patrol.’’ kills. The number 88 has significance to neo- country. That, Mr. Speaker, is the very The vigilante border patrol groups have op- Nazis, who use it as shorthand for ‘‘Heil Hit- definition of failure in the war on ter- ler’’ (‘‘H’’ is the eighth letter of the alpha- erated for several years but have expanded ror. We went after the wrong guy. greatly in the past twelve months, spurred bet). on by the media attention given to the so- ‘‘Border Patrol’’ was first created in 2002 But after the invasion, did we have a called ‘‘Minuteman Project.’’ In April 2005, by the now-defunct website ‘‘Zine 14,’’ and responsibility to help the Iraqi people Chris Simcox, who founded the Arizona- was soon being copied and distributed by ex- build a new government and a new way based Civil Homeland Defense, a border vigi- tremists and others. In March 2003, the neo- of life? The answer to that question is lante group, and Jim Gilchrist, based in Cali- Nazi Aryan Nations group and Christian yes. And we have fulfilled that obliga- fornia, joined forces to create the Minute- Identity preacher James Wickstrom both tion. We have helped them through not man Project, whose purpose was to gather linked to copies of this game from the front one, not two, but three elections. It is pages of their Web sites. In recent months, thousands of volunteers for a month-long now time for the Iraqi people to stand watch for illegal border crossers in Arizona. the game has enjoyed a resurgence in popu- The project, which was highly publicized larity, largely due to neo-Nazis trying to up and defend themselves. among right-wing extremists and white su- capitalize on the national immigration de- There is a general rule of military premacists, attracted far fewer volunteers, bate. Neo-Nazi leader Tom Metzger posted engagement that says that you do not many of them armed, during its first week. the game on his Web site, and other extrem- signal to your enemy what you are However, the publicity generated by the ists have linked to it and promoted it on going to do in advance. But there are event resulted in numerous Minuteman fringe online discussion groups. exceptions to every rule, and there are chapters and spinoffs forming across Amer- Games, music and cartoons are some of the two exceptions to this rule. Number methods extremist groups rely on as part of ica, even in states such as New York, Vir- one is that the insurgents in Iraq are ginia, Vermont, and Illinois. These groups their efforts to reach a younger audience and use the same radical rhetoric: that the to expose them to their hateful ideas and be- using as a recruitment tool the argu- United States is being ‘‘invaded’’ by Mexi- liefs. Cartoon-like Flash games are seen as ment that we have no intention of cans who must be stopped. ideal for this task, because they are small leaving their country and that we are That message was clear at a three-day and easy to create and share over the Inter- going to steal their oil. And it is work- summit, ‘‘Unite to Fight Against Illegal Im- net, or enclose in an email message. In re- ing! It is fueling the insurgency. migration,’’ held in Las Vegas, Nevada, in cent years, extremist groups such as the neo- As for our friends in Iraq, those who May 2005. More than 400 anti-immigration Nazi National Alliance have also created want this new government and new activists gathered at the event to hear more sophisticated video games, such as way of life, they seem perfectly con- speakers describe illegal immigrants as ‘‘the ‘‘Ethnic Cleansing,’’ a game available on CD– enemy within’’ and ‘‘illegal barbarians,’’ ROM that also engages in the stereotyping tent to let our soldiers take all of the while suggesting that America was ‘‘at war’’ and demonizing of Hispanics. Their aim is to enemy fire. The problem with security with illegal immigrants and urging people to attact unsuspecting users to extremist Web in Iraq is not the system of training, it ‘‘take America back.’’ sites, where they can be exposed to the mes- is the fact that the Iraqis are not step- Many of these anti-immigrant extremists sage and goals of the hate groups. ping forward to defend their own gov- have switched their focus from the border to Such games are tools that extremists in- ernment. day laborer centers, where they photograph creasingly use to desensitize people against So today, Mr. Speaker, my basic dis- Hispanics whom they assume are illegal acts of violence, to portray hate crimes as something to be celebrated, to dehumanize agreement with the President is this: aliens. This racial profiling has also occurred He says that we should stay in Iraq at fast food restaurants and other businesses America’s Hispanic population and to draw where Hispanics are employed across the attention to their cause using the new tech- until the Iraqis declare that they are United States. White supremacist and anti- nologies available to them on the Internet. ready to defend their own country; and government groups continue to express in- f I propose that we announce a timetable terest and take part in these activities, and for withdrawal, start withdrawing our their rhetoric has become more and more IT IS TIME TO BRING OUR TROOPS troops, and make our position very confrontational. HOME clear to the Iraqis: If they want this INTERNET VIDEO GAMES TARGET HISPANICS The SPEAKER pro tempore. Pursu- new government and this new way of Extremists have shown a renewed interest ant to the order of the House of Janu- life, they have to come forward, volun- in populating the Internet with links to ary 31, 2006, the gentleman from New teer, stand up, and defend it. Mr. video games that target York (Mr. MCNULTY) is recognized dur- Speaker, it is time to bring our troops Hispanics, portraying them not as producing morning hour debates for 5 min- home. tive contributors to society, but as objects of utes. scorn, derision and hate. Shoot-to-kill video f Mr. MCNULTY. Mr. Speaker, when games such as ‘‘Border Patrol,’’ a game cre- HATE CRIMES ated in Flash that is easily accessible on the we debated the original Iraq war reso- Internet through extremist Web sites, have lution, the administration told us that The SPEAKER pro tempore. Pursu- become increasingly popular among those Iraq was stockpiling weapons of mass ant to the order of the House of Janu- opposed to immigration and are widely destruction, that there were ties be- ary 31, 2006, the gentleman from Texas shared among extremists in the United tween Saddam Hussein and 9/11, and (Mr. GONZALEZ) is recognized during States. This has especially been the case as that Iraq was within a year of having a morning hour debates for 21⁄2 minutes. the national discussion over immigration nuclear capability. Mr. GONZALEZ. Mr. Speaker, I rise has gathered force. Fast-forward to the deliberations of today to address the House on an im- In ‘‘Border Patrol’’—one of the more popular Flash games available on the Internet the 9/11 Commission. They concluded portant issue that has already been ad- through various extremist Web sites—the ob- that there were no weapons of mass de- dressed by my colleague Mr. BACA, and ject is to ‘‘kill’’ caricatures of Mexicans as struction, no ties between Saddam that is the power of words. And that is they attempt to cross the border and gain Hussein and 9/11, and no nuclear capa- all we really have here in this chamber, entry to the U.S. bility. Mr. Speaker, these votes weren’t and that is to address one another in a Players control a gun and are charged with 8–4 or 7–5, they were all 12–0 that the respectful manner and engage in a good killing stereotypical Mexicans. Targets in- very basis for the war did not exist. faith debate about the merits or demer- clude a ‘‘Mexican nationalist,’’ who carries a When I go back home, Mr. Speaker, Mexican flag and a pistol; a ‘‘Drug smug- its of any particular issue. gler,’’ wearing a sombrero and carrying a bag and my constituents ask me to summa- Unfortunately, words can be harmful of marijuana on his back; and finally a rize where we are in the war on terror, and they can incite and be counter- ‘‘Breeder’’—a pregnant woman who has two I tell them this: As we approach the productive, and to be a disservice not small children in tow. Aside from the fifth anniversary of the worst terrorist just to this institution but to the

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.011 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3796 CONGRESSIONAL RECORD — HOUSE June 13, 2006 American people who are waiting for a years ago, President Reagan stood in a al-Zarqawi. Our Armed Forces and in- good faith debate on the important divided Berlin at the Brandenburg Gate telligence services deserve congratula- issue of immigration. and challenged Mikhail Gorbachev to tions for their fine work, along with However, this debate has been framed ‘‘tear down this wall.’’ Today, as our the first responders, border agents, and in a certain manner, to appeal probably brave men and women in the Armed other heroes at home who stand ever to that rather unattractive underbelly Forces fight the global war on terror, vigilant hoping their services will that is out there in society, and that is we should remember the determination never be called into need. bigotry and racism. And that is a true of President Reagan as he spoke those My colleagues, in a generational danger. And when I say it is a dis- words in a divided city and the inspira- struggle like the one we face, we service to this country, it is beyond a tion he brought to the people of Berlin should remember that we are the disservice. It is going back in time. and to the world. strongest when we stand together. For- A recent article that appeared this Asked how he felt about the wall, tunately, we do not stand alone. We Sunday regarding this debate pointed President Reagan called it, quote, an stand with allies from across the world, out as follows, and this is so important ugly scar on the face of Berlin, a city including many who have come face to that it cannot be adequately empha- of culture and history which was cele- face with terror. As President Reagan sized: brating its 750th anniversary when addressed his remarks in Brandenburg Most Americans who are in favor of Reagan visited it. to the people of Eastern Europe, let us stricter border enforcement are not Today we recognize that the ideology remember that those living under op- bigots. Far from it. But some politi- of terror is an ugly scar on the face of pression or fear of terrorism will be cians and other public figures see an Islam, and in our struggle against it we heartened by the determination we opportunity to foment hate and should bear in mind the lessons of the show in this fight. hysteria for their own profit. They are Cold War, a struggle that bears a deep During his visit to Berlin 19 years embracing a nativism and xenophobia resemblance and relevance to the glob- ago, President Reagan was struck by that recall the 1920s when a State De- al war on terror we wage today. Like the words of a young Berliner who had partment warning about an influx the Cold War and the global war on ter- spray painted on the wall that divided about filthy and unassimilable Jews ror, we face an ideology rather than a the city: ‘‘This wall will fall. Beliefs from Eastern Europe led to the first hostile state. Like communism, the become reality.’’ immigration quotas, or the 1950s hey- creed of terror is expansionist, uncom- America has always been a beacon of day of Operation Wetback when illegal promising, and poses a threat to free- hope, a living example of the trans- Mexican workers were hunted down dom loving people everywhere. formative power of freedom. As the and deported. In waging war against such an ide- people of Berlin took up sledge- We are a better Nation than we were ology, victory cannot be found on a hammers against the infamous wall in the 1920s, we are a better Nation single battlefield. The Cold War and broke Communist’s grip on the than we were in the 1950s, but only if stretched from Asia to Africa to the city, Americans know that as freedom we respect what this institution is all very heart of Europe, just as our strug- and democracies take root in the new about, and that is a good faith based gle today reaches from the Philippines Iraq, when we see ink-stained fingers debate on the facts and the figures, and to the mountains of Afghanistan to, as raised in defiance of threats, the people not to appeal to an emotional part of we recently saw, our neighbor Canada. of the Middle East and the world will the human spirit that is not to be ad- Terrorism will strike wherever freedom demolish terror with their ballots, and mired or promoted. reigns, from London to Madrid, to a freedom will again triumph. At this time I yield to my colleague, quiet field in Pennsylvania. f Mrs. NAPOLITANO, from the great State The Cold War proved to be a HATE CRIMES of California. generational conflict, spanning dec- Mrs. NAPOLITANO. Mr. Speaker, I ades, and the global war on terror may The SPEAKER pro tempore. Pursu- thank my esteemed colleague, JOE prove an equally daunting task. But as ant to the order of the House of Janu- BACA, for taking the lead on this very in the Cold War, the fanaticism of our ary 31, 2006, the gentlewoman from important issue, and to the gentleman foes leaves no room for negotiation or Texas (Ms. JACKSON-LEE of Texas) is from Texas, CHARLIE GONZALEZ, for compromise. The global war on terror recognized during morning hour de- yielding to me. is a fight we must win. The stakes are bates for 5 minutes. I also find it very disturbing that ex- far too high to fail. Ms. JACKSON-LEE of Texas. I thank tremists are using the immigration de- At the time of his speech in Berlin, Congressman BACA for bringing us to- bate to stir up racial division and ha- the Soviet news agency called Presi- gether to acknowledge that hateful tred. Whether it is in the form of vio- dent Reagan’s words openly provoca- speech generates hateful acts. And I lent anti-immigrant video games, in tive and warmongering, while some hope that we will have an opportunity hate speeches, in racial slurs, in graf- sources in the American news media as we discuss the immigration pathway fiti, in our schools, or in political de- were no kinder. When President for so many who are claiming Amer- bate, it is wrong. Reagan called the Soviet Union an evil ica’s dream that we will bring the tone I am here to ask you to ask our coun- empire, many criticized him for his down. Let me applaud the community trymen to say enough is enough. It is black and white point of view. of Houston where I come from where not a moral nor a decent way to treat These criticisms sound familiar we are establishing weekly meetings or speak about our fellow human today, but the verdict of history is in. called Houston’s Unity Effort on Immi- beings. Along with many of my col- Within a decade of President Reagan’s gration. leagues, I implore individuals, families, provocative speech, the Cold War ended Let me tell how immigration and and communities all over the country with freedom’s triumph. hateful talk can generate ugly acts. to stand up against this hatred. Today, each news report of a bomb- The sodomizing of a teenager by Anglo f ing in which Iraqi women and children youth, white youth, a Hispanic youth are slaughtered is a glimpse of a new when the piquing comments about im- THE BERLIN WALL AND THE WAR evil empire of terror, reminding us that migration were rising to the worst that ON TERROR evil is alive in the world and must be we could hear. That young man now The SPEAKER pro tempore. Pursu- opposed, the words of Edmund Burke lays in a hospital bed recuperating, and ant to the order of the House of Janu- ring true: ‘‘The only thing necessary I have asked for an Attorney General ary 31, 2006, the gentleman from Flor- for evil to triumph is for good men to investigation as to the violation of his ida (Mr. STEARNS) is recognized during do nothing.’’ civil rights. Or, as been said, a video morning hour debates for 5 minutes. I am proud to say that, as a Nation, game that gives the highest points to a Mr. STEARNS. Mr. Speaker, I would we are meeting that challenge, not dead Mexican pregnant woman coming like to call the attention of the House leaving evil unopposed. Last week we over the border. That is a lack of un- to an anniversary that should not pass won a major victory with the death of derstanding and sensitivity. And just without reflection. My colleagues, 19 the terrorist mastermind Abu Musab recently in Round Rock, Texas where a

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.003 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3797 bailiff called a young teenager who tivity. This young man was actually at bondage to freedom, they carried with simply wanted to express their con- a private residence, so the U.S. Attor- them the promise that all men and stitutional rights in walking out of a ney says they can’t file a hate crime in women would be blessed and that all high school to claim some sort of dig- Texas. We are still working on the would be free. nity on immigration called them a state law. Hopefully, the district attor- It happened to our forefathers who wetback, and that same community ney will do it. came to this land as if out of a desert charging them with misdemeanors for All Americans should be outraged by into a place of promise and hope. simply expressing their freedom of these video games that the Internet de- It happens to us still and we entrust speech. picts shooting caricatures of Mexicans the United States of America and this I know this Nation can do better and crossing our border. This only incites deliberative body into Your loving I know that we can do better. That is needless hatred and creates more con- care. why I join with Congressman BACA to fusion on an issue that is already com- You are the rock on which this Na- say that hateful speech generates hate- plicated. I hope my colleagues in the tion was founded. You alone are the ful acts. This is the beginning of a hate House will join me in denouncing and true source of our cherished rights to crime if we begin to talk in a hateful stopping any racial overtones sur- life, liberty and the pursuit of happiness. We ask that You hold us in the way. Immigration can be done com- rounding the immigration issue. Our palm of Your hand and God bless Amer- prehensively, border security, and com- country is made up of immigrants; we ica. Amen. prehensive immigration reform. Let us all came from somewhere. Some of us tone it down. Let us be reasonable and were lucky enough, our parents got f respectful. here sooner than others, but we are THE JOURNAL I would like to yield the rest of my representative of every nationality and The SPEAKER. The Chair has exam- time to Mr. GREEN from Texas. every ethnicity in the world. ined the Journal of the last day’s pro- Mr. GENE GREEN of Texas. I would I thank Congressman BACA for put- ceedings and announces to the House like to thank my Houston neighbor for ting this together and my colleague his approval thereof. yielding me the balance of her time. from Texas for yielding. Pursuant to clause 1, rule I, the Jour- Racial intolerance has divided this Ms. JACKSON-LEE of Texas. Let me nal stands approved. country since the Pilgrims landed at close by simply thanking you and say- f Plymouth Rock. The history of immi- ing that, in addition, we want to make grants coming to this country teaches sure that we don’t undermine the PLEDGE OF ALLEGIANCE us that when one particular ethnic Voter Rights Act by fighting over the The SPEAKER. Will the gentleman group comes to this country in large language provision that should be in- from Florida (Mr. STEARNS) come for- numbers, that group becomes the tar- cluded. That is actually part of the his- ward and lead the House in the Pledge get of false suspicions and contempt. tory of the Voting Rights Act, and I am of Allegiance. This has been true in our Nation’s his- very proud of Barbara Jordan some Mr. STEARNS led the Pledge of Alle- tory, whether it be the Irish, the Ger- years ago the Voter Rights Act to in- giance as follows: mans, the Italians, or Chinese immi- clude language minorities. I pledge allegiance to the Flag of the grants. Mr. Speaker, hate crimes, hate acts, United States of America, and to the Repub- In 1921, Congress passed the first im- we need to recognize that this is what lic for which it stands, one nation under God, indivisible, with liberty and justice for all. migration restrictions because we were generates out of lack of understanding, worried immigrants were coming in and I believe Americans are better f and taking our jobs. Now today we face than this and understand the value of WELCOMING REVEREND JOSEPH J. a similar climate. We navigate through the comprehensive immigration reform KLEINSTUBER our latest effort to address immigra- border security without the attacking tion in this country with Hispanics, (Mr. HOYER asked and was given on young people who are innocent and permission to address the House for 1 mostly from Mexico. Just last month, become innocent victims of our hateful in my home county, we had a young minute and to revise and extend his re- talk. We can do better and America can marks.) Mexican American teenager who was do better. Mr. HOYER. Mr. Speaker, I am very, nearly beaten to death and sexually as- f very pleased to welcome to our midst saulted by two white teenagers who Father Joseph Kleinstuber, a con- were known to be racist. RECESS stituent of mine and an extraordinarily Unfortunately, our country has seen The SPEAKER pro tempore. Pursu- loved leader in our area. Father a rise in crimes targeting particular ant to clause 12(a) of rule I, the Chair Kleinstuber is pastor of St. Mary’s races, ethnicities, and genders over the declares the House in recess until 11 Church located in my district in past few years. To combat this growing a.m. today. Bryantown. trend, many States and the Federal Accordingly (at 9 o’clock and 57 min- Father Kleinstuber was born in Government have considered and utes a.m.), the House stood in recess Washington, D.C. He attended Gonzaga passed legislation designated as hate until 11 a.m. High School, as well as Georgetown crimes legislation. If someone attacks f and George Washington Universities me or my property because I am an before going on active duty as an offi- Anglo, that is a crime and they should b 1100 cer in the Air Force. He spent 3 years be punished. But if they attack me be- AFTER RECESS in the Air Force as chief of the Avia- cause I am an Anglo and they destroy tion Physiology Department at Ran- my property or attack me, that should The recess having expired, the House dolph Air Force Base in Texas. have a higher punishment level. And was called to order at 11 a.m. Following his military service, he that is true in this country and it f studied at St. Vincent Seminary and should be true in many of our States, was ordained as a Catholic priest in PRAYER and we need to make sure that hap- 1964. pens. It is bad enough to have your The Reverend Joseph J. Kleinstuber, Prior to coming to St. Mary’s, Fa- property or you hurt, but somebody Pastor, St. Mary’s Catholic Church, ther Kleinstuber served as an assistant just doing wrong against you but doing Bryantown, Maryland, offered the fol- pastor of St. Anthony Church in the it because they don’t like your race, lowing prayer: District and St. Andrew the Apostle your ethnicity, the color of your skin, Almighty Father, we do well to join Church in Silver Spring, Maryland. He your religion or your gender is just all creation in heaven and earth in also worked for 25 years at St. John’s wrong. Everyone should be protected praising You, our mighty God. College High School here in Wash- from hate crimes regardless of where You made us in Your own image and ington as chaplain, director of coun- they occur. set us over all creation. Once You seling, a member of the science depart- Our Federal law only covers hate chose a people and gave them dignity, ment, and, of interest to our Speaker, crimes if it is a federally protected ac- and when You brought them out of wrestling moderator.

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.005 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3798 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Since 2001, Father Kleinstuber has Frank (MA) LoBiondo Rohrabacher NOT VOTING—23 Franks (AZ) Lofgren, Zoe Ros-Lehtinen been at St. Mary’s serving as the pas- Barton (TX) Hinojosa Payne Frelinghuysen Lowey Ross Berkley Jefferson Peterson (MN) tor of this more than 200-year-old par- Gallegly Lucas Rothman Blunt Lewis (GA) Rush ish where he is affectionately known Garrett (NJ) Lungren, Daniel Roybal-Allard Davis, Tom Manzullo Sessions Gerlach E. Royce by the students at St. Mary’s Deal (GA) McKinney Snyder Gibbons Lynch Ruppersberger Bryantown Catholic School as Father DeLauro Miller (MI) Strickland Gilchrest Mack Ryan (OH) K. Evans Nussle Weldon (PA) Gingrey Maloney Ryan (WI) Gillmor Oberstar I want to thank Father Kleinstuber Gohmert Marchant Ryun (KS) for his dedicated service to the citizens Gonzalez Markey Sabo b 1135 Goode Marshall Salazar of Bryantown and St. Charles County, So (two-thirds of those voting having and I wish to extend my gratitude and Goodlatte Matheson Sa´ nchez, Linda Gordon Matsui T. responded in the affirmative) the rules that of my colleagues to him for lead- Granger McCarthy Sanchez, Loretta were suspended and the concurrent res- ing us in this morning’s prayer. Graves McCaul (TX) Sanders Green (WI) McCollum (MN) olution, as amended, was agreed to. Father, we wish you well and thank Saxton The result of the vote was announced you for your leadership in so many dif- Green, Al McCotter Schakowsky Green, Gene McCrery as above recorded. ferent areas that have made our coun- Schiff Grijalva McDermott Schmidt The title of the concurrent resolution try a better place. Gutierrez McGovern Schwartz (PA) was amended so as to read: ‘‘Concur- Gutknecht McHenry Schwarz (MI) rent resolution commending the Gov- f Hall McHugh Scott (GA) Harman McIntyre Scott (VA) ernment of Canada for its renewed COMMENDING THE GOVERNMENT Harris McKeon Sensenbrenner commitment to the Global War on Ter- OF CANADA FOR ITS RENEWED Hart McMorris Serrano ror in Afghanistan.’’. COMMITMENT TO THE GLOBAL Hastert McNulty Shadegg Meehan A motion to reconsider was laid on Hastings (FL) Shaw WAR ON TERROR Meek (FL) Hastings (WA) Shays the table. Meeks (NY) The SPEAKER. The unfinished busi- Hayes Sherman Hayworth Melancon f ness is the question of suspending the Sherwood Hefley Mica Shimkus rules and agreeing to the concurrent Hensarling Michaud COMMUNICATION FROM THE Shuster Herger Millender- resolution, H. Con. Res. 408, as amend- Simmons CLERK OF THE HOUSE Herseth McDonald ed. Simpson Higgins Miller (FL) The SPEAKER laid before the House The Clerk read the title of the con- Skelton Hinchey Miller (NC) the following communication from the Slaughter current resolution. Hobson Miller, Gary Smith (NJ) Clerk of the House of Representatives: The SPEAKER pro tempore. The Hoekstra Miller, George Smith (TX) OFFICE OF THE CLERK, Holden Mollohan question is on the motion offered by Smith (WA) Holt Moore (KS) HOUSE OF REPRESENTATIVES, the gentleman from gentleman from Sodrel Honda Moore (WI) Washington, DC, June 8, 2006. Solis New Jersey (Mr. SMITH) that the House Hooley Moran (KS) Hon. J. DENNIS HASTERT, Souder suspend the rules and agree to the con- Hostettler Moran (VA) The Speaker House of Representatives, current resolution, H. Con. Res. 408, as Hoyer Murphy Spratt Washington, DC. Stark Hulshof Murtha DEAR MR. SPEAKER: I have the honor to amended, on which the yeas and nays Stearns Hunter Musgrave transmit herewith a facsimile copy of a let- are ordered. Stupak Hyde Myrick ter received from Ms. Susan Lapsley, Assist- The vote was taken by electronic de- Sullivan Inglis (SC) Nadler ant Secretary of State for Elections, State of Napolitano Sweeney vice, and there were—yeas 409, nays 0, Inslee California, indicating that, according to the Israel Neal (MA) Tancredo not voting 23, as follows: unofficial returns of the Special Election Issa Neugebauer Tanner [Roll No. 256] Istook Ney Tauscher held June 6, 2006, the Honorable Brian P. YEAS—409 Jackson (IL) Northup Taylor (MS) Bilbray was elected Representative in Con- Norwood Taylor (NC) gress for the Fiftieth Congressional District, Abercrombie Brown (SC) Davis (AL) Jackson-Lee Nunes Terry Ackerman Brown, Corrine Davis (CA) (TX) State of California. Thomas Aderholt Brown-Waite, Davis (FL) Jenkins Obey With best wishes, I am Thompson (CA) Akin Ginny Davis (IL) Jindal Olver Sincerely, Thompson (MS) Alexander Burgess Davis (KY) Johnson (CT) Ortiz KAREN L. HAAS, Allen Burton (IN) Davis (TN) Johnson (IL) Osborne Thornberry Clerk. Tiahrt Andrews Butterfield Davis, Jo Ann Johnson, E. B. Otter Attachment. Baca Buyer DeFazio Johnson, Sam Owens Tiberi Bachus Calvert DeGette Jones (NC) Oxley Tierney SECRETARY OF STATE, Baird Camp (MI) Delahunt Jones (OH) Pallone Towns STATE OF CALIFORNIA, Baker Campbell (CA) Dent Kanjorski Pascrell Turner June 8, 2006. Baldwin Cannon Diaz-Balart, L. Kaptur Pastor Udall (CO) Hon. KAREN L. HAAS, Barrett (SC) Cantor Diaz-Balart, M. Keller Paul Udall (NM) Clerk, House of Representatives, Barrow Capito Dicks Kelly Pearce Upton The Capitol, Washington, DC. Bartlett (MD) Capps Dingell Kennedy (MN) Pelosi Van Hollen DEAR MS. HAAS: This is to advise you that Bass Capuano Doggett ´ Kennedy (RI) Pence Velazquez the unofficial results of the Special Election Bean Cardin Doolittle Kildee Peterson (PA) Visclosky Beauprez Cardoza Doyle Kilpatrick (MI) Petri Walden (OR) held on Tuesday, June 6. 2006, for Represent- Becerra Carnahan Drake Kind Pickering Walsh ative in Congress from the Fiftieth Congres- Berman Carson Dreier King (IA) Pitts Wamp sional District of California, show that Brian Berry Carter Duncan King (NY) Platts Wasserman P. Bilbray received 60,319 or 49.33% of the Biggert Case Edwards Kingston Poe Schultz total number of votes cast for that office. Bilirakis Castle Ehlers Kirk Pombo Bishop (GA) Chabot Emanuel Waters It would appear from these unofficial re- Kline Pomeroy Bishop (NY) Chandler Emerson Watson sults that Brian P. Bilbray was elected as Knollenberg Porter Bishop (UT) Chocola Engel Watt Representative in Congress from the Fiftieth Kolbe Price (GA) Blackburn Clay English (PA) Waxman Congressional District of California. Kucinich Price (NC) Blumenauer Cleaver Eshoo Weiner However, at this time there are 68,500 bal- Boehlert Clyburn Etheridge Kuhl (NY) Pryce (OH) Weldon (FL) LaHood Putnam lots still being processed by the jurisdiction. Boehner Coble Everett Weller To the best of our knowledge and belief at Bonilla Cole (OK) Farr Langevin Radanovich Westmoreland this time, there is no anticipated legal chal- Bonner Conaway Fattah Lantos Rahall Wexler Bono Conyers Feeney Larsen (WA) Ramstad Whitfield lenge to the outcome of this election. Boozman Cooper Ferguson Larson (CT) Rangel Wicker As soon as the official results from the San Boren Costa Filner Latham Regula Wilson (NM) Diego Registrar of Voters are certified to LaTourette Rehberg Boswell Costello Fitzpatrick (PA) Wilson (SC) this office reflecting votes of all 500 pre- Leach Reichert Boucher Cramer Flake Wolf cincts involved, an official Certificate of Lee Renzi Boustany Crenshaw Foley Woolsey Election will be prepared for transmittal to Boyd Crowley Forbes Levin Reyes Wu Bradley (NH) Cubin Ford Lewis (CA) Reynolds you as required by law. Wynn Brady (PA) Cuellar Fortenberry Lewis (KY) Rogers (AL) Sincerely, Young (AK) Brady (TX) Culberson Fossella Linder Rogers (KY) SUSAN LAPSLEY, Brown (OH) Cummings Foxx Lipinski Rogers (MI) Young (FL) Assistant Secretary of State for Elections.

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.008 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3799 PROVIDING FOR SWEARING IN OF ceed in growing our economy, our col- CONFERENCE REPORT ON H.R. 4939, MR. BRIAN P. BILBRAY, OF CALI- league, Mr. BILBRAY. EMERGENCY SUPPLEMENTAL FORNIA, AS A MEMBER OF THE Mr. BILBRAY. Mr. Speaker, I would APPROPRIATIONS ACT FOR DE- HOUSE like to, first of all, in the traditional FENSE, THE GLOBAL WAR ON TERROR, AND HURRICANE RE- Mr. DREIER. Mr. Speaker, I ask way, thank my family and my friends, COVERY, 2006 unanimous consent that the gentleman who were willing to support me from California, Mr. BRIAN P. BILBRAY, through this quite unusual campaign. I The SPEAKER. The unfinished busi- be permitted to take the oath of office would like to thank the people of the ness is the question of adoption of the today. 50th District for giving me their trust conference report on the bill, H.R. 4939. His certificate of election has not ar- and huge responsibility to represent The Clerk read the title of the bill. rived, but there is no contest, and no them. The SPEAKER. The question is on question has been raised with regard to the conference report. his election. For those who may not know, the Pursuant to clause 10 of rule XX, the The SPEAKER. Is there objection to 50th District is a classic California yeas and nays are ordered. the request of the gentleman from coastline district, very environ- The vote was taken by electronic de- California? mentally sensitive; and I am grateful vice, and there were—yeas 351, nays 67, There was no objection. today that they believe in recycling not voting 14, as follows: Congressmen. f [Roll No. 257] I know there are those in this room SWEARING IN OF THE HONORABLE YEAS—351 that are not happy to see me return, BRIAN P. BILBRAY, OF CALI- Aderholt Cubin Hoekstra and all I ask of those is give me a Akin Cuellar Holden FORNIA, AS A MEMBER OF THE chance to work with you again. I think Alexander Culberson Hooley HOUSE Allen Cummings Hostettler we had a good working relationship in Andrews Davis (AL) Hoyer The SPEAKER. Will the Representa- the past, and I look forward to a great Baca Davis (CA) Hulshof tive-elect and the members of the Cali- working relationship in the future. Bachus Davis (FL) Hunter fornia delegation present themselves in Baird Davis (IL) Hyde the well. I would like to thank those of you Baker Davis (KY) Inglis (SC) that stood up and helped me in every Barrett (SC) Davis (TN) Israel The Representative-elect will please Barrow Davis, Jo Ann Issa raise his right hand. way. This was obviously a team effort, Bartlett (MD) Davis, Tom Istook Mr. BILBRAY appeared at the bar of and it was one that was well thought, Bass DeFazio Jackson (IL) hard fought, and well won. Bean DeGette Jackson-Lee the House and took the oath of office, Beauprez Dent (TX) as follows: Ladies and gentlemen, I leave you Becerra Diaz-Balart, L. Jefferson Do you solemnly swear that you will with one message: there were 18 people Berman Diaz-Balart, M. Jenkins Berry Dicks Jindal support and defend the Constitution of running for this seat. The voters had Biggert Dingell Johnson (CT) the United States against all enemies, one of the broadest choices of any con- Bilbray Doggett Johnson (IL) foreign and domestic; that you will gressional race. But there was one Bilirakis Doolittle Johnson, E. B. bear true faith and allegiance to the Bishop (GA) Doyle Johnson, Sam issue and only one issue that allowed Bishop (NY) Drake Jones (OH) same; that you take this obligation me to be elected. It was not my experi- Bishop (UT) Dreier Kanjorski freely, without any mental reservation ence. It was not my hard work, and Blunt Edwards Kaptur Boehlert Ehlers Keller or purpose of evasion; and that you will God knows it was not my intellect. It well and faithfully discharge the duties Boehner Emanuel Kelly was the fact that the people in the 50th Bonilla Emerson Kennedy (MN) of the office on which you are about to District wanted something done, they Bonner Engel Kennedy (RI) enter, so help you God. Bono English (PA) Kildee wanted a job and a message sent to The SPEAKER. Congratulations. You Boozman Etheridge Kilpatrick (MI) Washington, that now and here is the Boren Everett Kind are now a Member of the 109th Con- time to address illegal immigration. Boswell Fattah King (NY) gress. Boucher Feeney Kingston Boustany Ferguson Kirk f We did not enjoy the situation or appreciate the problem that created the Boyd Fitzpatrick (PA) Kline Bradley (NH) Foley Knollenberg WELCOMING THE HONORABLE vacancy, but let me say quite clearly Brady (PA) Forbes Kolbe BRIAN P. BILBRAY TO THE what is obvious in the last few months Brady (TX) Ford Kuhl (NY) HOUSE OF REPRESENTATIVES is that the greatest scandal in America Brown (OH) Fortenberry LaHood Brown (SC) Fossella Langevin (Mr. STARK asked and was given is not that one man broke the law, but Brown, Corrine Foxx Lantos permission to address the House for 1 that 12 million illegal immigrants are Brown-Waite, Franks (AZ) Larsen (WA) minute.) in this country and Washington is not Ginny Frelinghuysen Larson (CT) Burgess Gallegly Latham Mr. STARK. Mr. Speaker, as dean of doing enough about it. Burton (IN) Garrett (NJ) LaTourette the California delegation, it is my dis- So I ask you, even if you disagree Butterfield Gerlach Leach Buyer Gibbons Levin tinct honor at this point to yield to the with me on this issue, let us join to- senior member of the Republican Cali- Calvert Gilchrest Lewis (CA) gether and work to address this issue Camp (MI) Gingrey Lewis (KY) fornia delegation, Mr. DREIER. so that both sides, Democrat and Re- Cantor Gonzalez Linder Mr. DREIER. Mr. Speaker, I thank Capito Goode Lipinski publican, and Independent, can go my friend for yielding. Capuano Goodlatte LoBiondo home proud that we did right by the Cardin Gordon Lowey Mr. Speaker, since March 4, 1789, American people and worked together Cardoza Granger Lucas when the United States Congress was Carnahan Graves Lungren, Daniel for our future and our grandchildren’s established, 11,792 individuals have had Carson Green (WI) E. future. Carter Green, Al Lynch the opportunity to serve as Members of Case Green, Gene Mack the United States Congress. During Thank you very much. Castle Gutknecht Maloney that period of time, a grand total of 29 Chabot Hall Marchant have left this institution and come f Chandler Harman Marshall Chocola Harris Matheson back representing a different district. Clay Hart Matsui Five of our sitting colleagues now fall ANNOUNCEMENT BY THE SPEAKER Cleaver Hastings (FL) McCarthy among those 29: Mr. INSLEE; Mr. COO- Clyburn Hastings (WA) McCaul (TX) The SPEAKER. Under clause 5(d) of Cole (OK) Hayes McCotter PER; Mr. PAUL; our California colleague Conaway Hayworth McCrery Mr. LUNGREN; and now the gentleman rule XX, the Chair announces to the Conyers Hefley McHugh who is here to work and ready to make House that, in light of the administra- Cooper Herger McIntyre sure that we stop the problem of illegal tion of the oath to the gentleman from Costa Herseth McKeon Cramer Higgins McMorris immigration, deal with the global war California, Mr. BRIAN P. BILBRAY, the Crenshaw Hinojosa Meek (FL) on terror, and make sure that we suc- whole number of the House is 433. Crowley Hobson Meeks (NY)

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.011 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3800 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Melancon Rangel Snyder MEDICARE PRESCRIPTION DRUG by our brave soldiers must never be Mica Regula Sodrel Millender- Rehberg Souder PLAN taken for granted. Each and every day McDonald Reichert Spratt (Mr. BROWN of South Carolina asked these men and women sacrifice for the Miller (FL) Renzi Stearns and was given permission to address well-being of Americans and our allies, Miller (NC) Reyes Stupak and they stand on the front lines in Miller, Gary Reynolds Sullivan the House for 1 minute and to revise Mollohan Rogers (AL) Sweeney and extend his remarks.) Iraq, Afghanistan, and around the Moore (KS) Rogers (KY) Tanner Mr. BROWN of South Carolina. Mr. world bringing freedom and hope to Moran (KS) Rogers (MI) Tauscher millions; and they do so with an un- Moran (VA) Rohrabacher Taylor (MS) Speaker, in February of this year there Murphy Ros-Lehtinen Taylor (NC) were approximately 112,311 Medicare wavering dedication and profes- Murtha Ross Terry part D seniors in my district. About sionalism. Myrick Roybal-Allard Thomas 46,052, or 42 percent, were enrolled in a We must insure that they have not Napolitano Royce Thompson (MS) only our gratitude but our genuine sup- Ney Ruppersberger Thornberry Medicare drug plan. Northup Ryan (OH) Tiahrt In March I held Medicare workshops port in their continued efforts. Thanks Norwood Ryan (WI) Tiberi throughout my district to educate our to Sergeant Kraus, Staff Sergeant Nunes Ryun (KS) Towns seniors about the Medicare part D cov- Long, and First Sergeant Matthews, as Oberstar Sabo Turner Obey Salazar Udall (CO) erage. The participation was over- well as all members of the United Ortiz Sa´ nchez, Linda Udall (NM) whelming. As a result of these work- States armed services for their con- Osborne T. Upton shops, as of May 7, 2006, approximately tributions both at home and abroad. Otter Sanchez, Loretta Van Hollen You continue to make our Nation Oxley Sanders Vela´ zquez 83,437, or 74 percent, of my eligible sen- Pascrell Saxton Visclosky iors were enrolled in the part D plan. great and our friends and allies around Pastor Schiff Walden (OR) Currently, more than 38 million the world secure and free. God bless Pearce Schmidt Walsh Medicare beneficiaries nationwide have you. Pelosi Schwartz (PA) Wamp Peterson (MN) Schwarz (MI) Wasserman good drug coverage. That is over 90 per- f Peterson (PA) Scott (GA) Schultz cent of all eligible beneficiaries. The RISING COLLEGE EDUCATION Pickering Scott (VA) Waters Medicare prescription drug coverage is COSTS Pitts Shadegg Watt a big win for our seniors. Platts Shaw Weldon (FL) (Ms. CORRINE BROWN of Florida Poe Shays Weldon (PA) f Pombo Sherman Weller asked and was given permission to ad- Pomeroy Sherwood Wexler DEBATE ON THE WAR IN IRAQ dress the House for 1 minute.) Porter Shimkus Whitfield (Mr. KUCINICH asked and was given Ms. CORRINE BROWN of Florida. Price (GA) Shuster Wicker Price (NC) Simmons Wilson (NM) permission to address the House for 1 Mr. Speaker, attention students: since Pryce (OH) Simpson Wilson (SC) minute.) the Bush administration took office in Putnam Skelton Wolf Mr. KUCINICH. Mr. Speaker, there 2001, tuition and fees at 4-year public Radanovich Slaughter Wynn colleges have increased by 40 percent, Rahall Smith (NJ) Young (AK) will be a great debate this week about Ramstad Smith (TX) Young (FL) the war in Iraq. Will we debate whether forcing more and more students and Iraq had anything to do with 9/11? No, their families to take out Federal NAYS—67 because everyone knows Iraq did not. loans. The typical student borrower Abercrombie Honda Owens Will we debate whether Iraq had weap- now graduates from college with a Ackerman Inslee Pallone ons of mass destruction? No, because record of $7,500 debt, which they must Baldwin Jones (NC) Paul start paying months after they grad- Blackburn King (IA) Pence everyone knows Iraq did not. Will we Blumenauer Kucinich Petri debate the administration’s exit strat- uate. Campbell (CA) Lee Rothman egy? No, because they don’t have one. But thanks to the Bush administra- Cannon Lofgren, Zoe Schakowsky It will be an interesting debate, be- tion, come July 1, interest rates will be Capps Markey Sensenbrenner Coble McCollum (MN) cause the very reasons which brought raised by 7 percent, and for the parents Serrano Costello McDermott 7.8 percent. To avoid adding potential Smith (WA) Members to vote for the war no longer Delahunt McGovern Solis have a basis in fact. They keep chang- thousands of dollars to the life of their Duncan McHenry Eshoo McKinney Stark ing day by day, the reasons, why we are loans, students and parents with Fed- Farr McNulty Tancredo in Iraq. And as each new reason is eral student loans should consolidate Filner Meehan Thompson (CA) brought to light, it keeps evaporating now before the July 1 rates take effect Flake Michaud Tierney and lock in interest rates as low as 4.75 Frank (MA) Miller, George Watson like the sun evaporates the morning Gohmert Moore (WI) Waxman dew. percent. Grijalva Musgrave Weiner After a while, the war becomes self- To circumvent increases caused by Gutierrez Nadler Westmoreland justifying, a patriotic exercise. So we the Republican raid on student loans, a Hensarling Neal (MA) Woolsey tax on student loans, borrowers should Hinchey Neugebauer Wu will engage in a great debate about a Holt Olver war that is not so great, about a war call the Department of Education at 1– based on a lie while our troops and in- 800–557–7392. I repeat, to avoid this, call NOT VOTING—14 nocent civilians die as we debate great- 1–800–557–7392. Barton (TX) Gillmor Payne ly. f Berkley Lewis (GA) Rush Deal (GA) Manzullo Sessions f 5,172 MISSING CHILDREN ARE DeLauro Miller (MI) Strickland FOUND Evans Nussle THANK YOU TO OUR SOLDIERS (Mr. PRICE of Georgia asked and was (Mr. POE asked and was given per- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE given permission to address the House mission to address the House for 1 The SPEAKER pro tempore (Mr. for 1 minute.) minute.) ISSA) (during the vote). There are 2 Mr. PRICE of Georgia. Mr. Speaker, Mr. POE. Mr. Speaker, the ladies of minutes remaining in this vote. what an honor it is for me to stand the gulf, Hurricanes Katrina and Rita, here today and recognize three out- battered Louisiana and Texas, shat- standing soldiers and citizens, Ser- tering families, scattering 5,172 chil- b 1202 geant Kenneth Kraus, Staff Sergeant dren across the country. In the dark- Mr. HOSTETTLER changed his vote Jacob Long, and First Sergeant Mi- ness of the night, children disappeared from ‘‘nay’’ to ‘‘yea.’’ chael Matthews. These brave men rep- from their families. Searchers only So the conference report was agreed resent the best our country has to hoped and prayed that they would be to. offer. They served in our military and found. now continue service in Roswell, Geor- Frantic parents upon arrival in safe The result of the vote was announced gia, as police officers and city employ- harbors panicked because they were as above recorded. ees. separated from their kids. While the A motion to reconsider was laid on Just like the freedoms they protect, hurricanes were a bad dream, losing the table. the heroism and selflessness embodied their kids was a nightmare.

VerDate Aug 31 2005 00:04 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.003 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3801 This is when the child crusaders sending me bricks suggesting that they the $14 billion in additional funding came together, without hesitation, go toward building the wall on our that had been added by the Senate. launching into action, combing 50 southern border. This action proved that this Congress States, searching among thousands of When constituents have to step in to is committed to fiscal discipline. people. In the end, all 5,172 children help send bricks to Congress, obviously The conference report now accom- were brought home. After hundreds of they feel very strongly about the im- plishes its original goal by providing hours of manpower, success occurred migration issue. Actually, Americans $65.8 billion in funding for our troops so because of the dogged determination of should start sending bricks over to the that they have the equipment and re- the National Center For Missing and Senate, and I hope that they do. How- sources they need to win the war on Exploited Children. ever, the problem is they probably will terror. Through the tenacious work of peace not mail them. They will be throwing f officers and the tireless efforts of the them at the Senate. DEMOCRATS FIGHTING TO U.S. Postal Service and thousands of f EXPAND OPPORTUNITY TO ALL nameless citizen volunteers, children DO-NOTHING CONGRESS were united with their parents. Yester- (Ms. LORETTA SANCHEZ of Cali- day, I was with the President at the (Mr. BUTTERFIELD asked and was fornia asked and was given permission White House when the First Lady hon- given permission to address the House to address the House for 1 minute.) ored these valid heroes, demonstrating for 1 minute.) Ms. LORETTA SANCHEZ of Cali- the face of tragedy is best met by Mr. BUTTERFIELD. Mr. Speaker, fornia. Mr. Speaker, the American peo- strong hearts and iron wills, and people the House is back in session for yet an- ple want Congress to focus on their pri- just taking care of people. other week. The sad fact is that this orities, and that is exactly what the And that’s just the way it is. House has only been in session 43 days House Democrats are doing. We are fighting to expand opportunity to all f this year; but once again, the Repub- lican majority refuses to schedule any Americans, not just a privileged few. HOUSE GOP IGNORES THE ECO- meaningful legislation to address our At a time when the average college NOMIC CONDITIONS OF AMER- Nation’s energy crisis. So that is why student graduates with more than ICA’S WORKING CLASS we call this the do-nothing Congress. $17,000 in debt, Democrats want to ex- (Mr. CLEAVER asked and was given The Republican Party’s cosy rela- pand the opportunities available to permission to address the House for 1 tionship with Big Oil is causing pain them by cutting the interest rates on minute and to revise and extend his re- for the American consumer and jeop- their college loans, not increasing marks.) ardizing our national security. Last them, like the Republicans are doing. Mr. CLEAVER. Mr. Speaker, having year, Big Oil recorded record profits, At a time when wages remain stag- come to Congress in this 109th, I am thanks partly to billions in tax breaks nant for most Americans, Democrats come to the conclusion that it is not that Republicans rewarded their continue to fight to raise the minimum good for any party to have complete friends last year. Yet, House Repub- wage because we want a fair and work- power here in Washington. It creates a licans remain defiant in their opposi- ing wage. By increasing the minimum hubris that then, I think, does im- tion to repealing the $8 billion in tax wage, we would not only expand oppor- mense damage to the Nation. Over the breaks they have given to their friends tunity for 7 million workers, but we last 6 years, we have seen the control in the oil industry. would also increase wages for middle- of Congress and the White House by Mr. Speaker, this is really a question class workers who have not seen a sub- Republicans; and for whatever reason, of fairness. Why should oil companies stantial pay raise in over 5 years. it appears that the economic direction continue to receive giant tax breaks At a time when high-paying jobs are that we have taken in the country is in from the Federal Government when going overseas, Democrats have an in- favor of the upper class, and the bene- they are recording record profits. novation agenda for science, engineer- fits are supposed to trickle down. Democrats want to repeal these unnec- ing, information technology. Mr. Speaker, there is a tsunami of essary subsidies so we can provide con- Mr. Speaker, it is time that this frustration rolling across America. sumers with some relief. House really got to work. People are hurt. The average family is f f now paying $1,200 more a year for WAR SUPPLEMENTAL b 1215 health insurance. College tuition has APPROPRIATIONS jumped 40 percent and gas prices have SCHOOL SAFETY ACT doubled. Housing is the least affordable (Ms. FOXX asked and was given per- (Mr. KIRK asked and was given per- in the last 14 years. A tsunami of frus- mission to address the House for 1 mission to address the House for 1 tration is rolling across America. minute.) minute and to revise and extend his re- Mr. Speaker, I believe we can do bet- Ms. FOXX. Mr. Speaker, I am proud marks.) ter. of our Speaker and the majority leader Mr. KIRK. Mr. Speaker, today the f for taking a fiscally responsible stance House will consider the School Safety on the Emergency Supplemental Ap- Act authored by Congressman PORTER PROBLEMS WITH SENATE propriations Act for Defense and the of Nevada. This bipartisan legislation IMMIGRATION APPROACH Global War on Terror. Our leaders will help make every classroom in (Ms. GINNY BROWN-WAITE of Flor- pledged that this House would reject an America safer. ida asked and was given permission to emergency supplemental spending Recently, Michigan officials found address the House for 1 minute and to package that exceeded the amount re- that while the schools check their own revise and extend her remarks.) quested by the President, and this was State criminal records before hiring a Ms. GINNY BROWN-WAITE of Flor- absolutely the right stand to take. coach or a teacher, 2,500 felons were ida. Mr. Speaker, I rise today to speak I am sure there are folks who could still hired by Michigan’s schools be- out against the Senate’s amnesty plan. argue the merits of the additional cause they had out-of-state arrest Their bill is fundamentally unfair as it funding proposed by the Senate, but we records. benefits only those who came to this should debate those merits at another In 1998, President Clinton authorized country by breaking our laws. No ille- time. This war supplemental spending States to share arrest records in com- gal alien is left behind by this bill, be- is for emergency spending for the war pacts, and 25 States have done this but cause it gives aliens in-state tuition on terror. It should not be used as a 25 have not, including Illinois. rates at colleges. free-for-all for nonemergency spending John Porter’s bill will link the crimi- Further, the Senate bill would allow that should be debated in our yearly nal records for all 50 States. It will give 217 million new immigrants to come budget and appropriations process. school boards the tools they need to here over the next 20 years. That is I am very pleased that the House and prevent a felon with an in-state or out- two-thirds of our current population. Senate reached an agreement on this of-state arrest record from being put in Some of my constituents have been supplemental package that eliminated charge of a classroom or team.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.014 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3802 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Americans have a right to safe, gun- STUDENTS SHOULD CONSOLIDATE GOP IS THE CUT-AND-RUN free classrooms, and this bill will help TO AVOID RATE INCREASES CONGRESS make that happen. (Ms. SOLIS asked and was given per- (Mr. EMANUEL asked and was given f mission to address the House for 1 permission to address the House for 1 DISASTER ASSISTANCE FOR minute.) minute.) FARMERS Ms. SOLIS. Mr. Speaker, graduation Mr. EMANUEL. Mr. Speaker, Karl season is in full swing, and all across Rove has said that the Democrats want (Mr. POMEROY asked and was given the country eager college students are permission to address the House for 1 to cut and run on the war in Iraq. Well, walking across the stage and entering let us talk about cutting and running. minute and to revise and extend his re- into the workforce. While many won- marks.) When we were told this would be a derful experiences no doubt lie before Mr. POMEROY. Mr. Speaker, a pre- quick war and turned into a long war, them, one factor will quickly dampen ceding speaker noted the supplemental this Congress cut and run from its bill just passed. I want to speak about their spirits, the reality that they are oversight responsibility. an aspect left out of this supplemental now saddled with unmanageable debt When we were told 130,000 troops bill because of the actions of the ma- they accrued while obtaining their col- would be enough but more were clearly jority. lege degree. necessary, this Congress cut and run Any assistance for farmers outside of The debt will grow even more from doing its oversight responsibility. the gulf region who suffered disaster daunting if they miss an important When we were told this would be a losses in the 2005 production year were deadline that is fast approaching. That conventional war and it turned into an left out of the disaster bill. Supported is why I came to the floor today, Mr. insurgency, this Congress cut and run by a bipartisan majority in the Senate, Speaker, to encourage all college grad- from its oversight responsibility. left out on a party-line vote in the uates and their parents who are car- When we were told oil would pay for House. rying debt to consolidate their Federal reconstruction, but the taxpayers were Our Nation’s farmers have provided college loans before July 1. If they do left with a $480 billion tab, this Con- this majority and this President with not, interest rates will rise by 7 per- gress cut and run from its oversight re- plenty of help over the years, and they cent for students and 7.8 percent for sponsibility. certainly deserve better than to have their parents. Consolidating this When we were told we would be the President of the United States month will allow them to lock in a low greeted as liberators but had become issue his first veto threat on a disaster rate of 4.75 percent, drastically reduc- treated like occupiers, this Congress bill that helped farmers when natural ing the overall amount they will have cut and run from its oversight respon- disasters took their crops. to pay. sibility. They, instead, provided just for hur- Mr. Speaker, the Republicans refuse Mr. Speaker, Republicans want to ricane, farmers who lost during the to join us in making college affordable portray the greatest foreign policy hurricane. Well, look, maybe a drought for many, many young people. In fact, challenge of a generation as simply a does not have a name, maybe a flood they actually made college more ex- choice between staying the course and does not have a name, but when you pensive for American students when cutting and running. Democrats look have a natural disaster and it wipes they passed a $12 billion in higher edu- forward to this debate. out our farmers, they deserve help cation cut earlier this year. Mr. Speaker, oversight requires the from our government. That is how you I urge strong support for our students vigilance and patriotic determination keep family farmers in business, and it and parents. of every Member of Congress to do the is a darn shame the Republicans f job we were sent here to do and ask the stopped it in this bill. MAKING U.N. DUES ASSESSMENTS questions that their constituents want. f MORE FAIR Mr. Speaker, it is time for new prior- STARK DIFFERENCE BETWEEN (Mr. STEARNS asked and was given ities in Iraq and here at home. PARTIES IN APPROACH TO WAR permission to address the House for 1 f ON TERROR minute and to revise and extend his re- BETTY BRADY’S RETIREMENT (Mrs. BLACKBURN asked and was marks.) given permission to address the House Mr. STEARNS. Mr. Speaker, the as- (Mr. GINGREY asked and was given for 1 minute and to revise and extend sessment of member dues at the United permission to address the House for 1 her remarks.) Nations has always been something of minute and to revise and extend his re- Mrs. BLACKBURN. Mr. Speaker, a joke. Japan pays 19.5 percent of the marks.) there is a stark difference in the way U.N. budget and does not even get a Mr. GINGREY. Mr. Speaker, I rise the Republicans and the Democrats ap- chance to sit on the Security Council. today to thank Betty Brady for nearly proach this war on terror. There are By contrast, Security Council members 30 years of service to the Powder many of the liberal elites who want to Russia and China contribute only 1 per- Springs, Georgia community, most re- disengage and would like to leave cent and 2 percent respectively to the cently as the city clerk. broad swaths of this planet to terror- U.N.’s multibillion dollar budget. We Betty’s retiring from public service ists. This course of action would lead pay over 22 percent. this year, and I know the whole city to a lot of pain and suffering for future Currently, the U.N. bases assess- will miss her enthusiasm and her dedi- generations, for our children, for our ments on gross national income fig- cation. grandchildren. It also would embolden ures, the proper measure of which can- Betty has worked with the City of the terrorists who are watching every- not be taken when currencies are not Powder Springs since 1977, and in 1992, thing that we do and would lead to convertible. The United States re- she was appointed city clerk. Over the more strikes on U.S. soil. cently proposed that assessments be past 14 years, Betty has worn many After 9/11, our country made a deci- calculated the World Bank way, using hats, accomplishing administrative, or- sion that enough was enough and that data on purchasing power parity, to ganizational and public relations du- it was time to fight back after two dec- better reflect what states can afford. ties for the mayor and city council. ades of terrorist strikes. It was time This would raise Russia’s share of the As a native of Powder Springs, Betty for us to protect our national security, budget to about 2.5 percent, China’s to brought a passion to her role as city and yes, indeed, because of our men 13.7 percent, leaving America’s mostly clerk. Never one content to sit on the and women in uniform, we have, and unchanged. sidelines, Betty gave her time and en- they are doing it brilliantly. Should they not want this recogni- ergy to almost every aspect of city Is every day in this battle a victory? tion, under the new accounting meth- government. No. Is it easy? No. Is it very difficult? od, China’s share of world gross domes- In retirement, Betty will have more Incredibly so. But the important thing, tic product rises to second place from time to spend with her husband Au- it is a necessary fight and we are win- seventh, just as Russia’s rises to 10th brey, her three sons and her seven ning. place from 16th? grandchildren.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.016 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3803 Mr. Speaker, I ask that you join me now controls 30,000 square miles of ter- Will the 163 Katrina bills sitting in and all my colleagues in thanking ritory, an area roughly the size of my committee also go to waste? Or will Betty Brady for her years of service to home State of South Carolina. Nearly Congress address the ongoing specific the Powder Springs, Georgia commu- two-thirds of combat operations are needs of the survivors by moving exist- nity. now conducted by Iraqis alone or joint- ing legislation and checking fraud and f ly with coalition forces. abuse by providing real oversight of ap- Day by day, Iraqis are defeating ter- propriations? LEAK OF SENSITIVE PERSONAL rorists and gaining control over their The choice is ours. INFORMATION AT DEPARTMENT country. Progress in Iraq is helping to f OF VETERANS AFFAIRS ensure security in America, and we (Mr. SALAZAR asked and was given must remain committed to completing b 1230 permission to address the House for 1 this critical mission protecting Amer- HOUSE REPUBLICANS TURN BACKS minute.) ican families. ON MIDDLE CLASS; ECONOMIC Mr. SALAZAR. Mr. Speaker, the leak In conclusion, God bless our troops, INSECURITY GROWS and we will never forget September 11. of the sensitive personal information of (Mr. PALLONE asked and was given millions of veterans and active duty f permission to address the House for 1 military personnel by the Department REPUBLICAN RAID ON STUDENT minute and to revise and extend his re- of Veterans Affairs is a disgrace. AID INCREASES LOAN COSTS marks.) The information, including Social Mr. PALLONE. Mr. Speaker, House Security numbers, dates of birth and (Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission Republicans have turned their backs on disability was taken from the VA to an the middle class, and that is one of the employee’s home via his laptop. When to address the House for 1 minute.) Ms. EDDIE BERNICE JOHNSON of main reasons an overwhelming major- the laptop was stolen from his resi- Texas. Mr. Speaker, with tuition costs ity of Americans want Congress to dence, the private, sensitive informa- rising and the availability of financial move in a new direction. Our constitution of more than 26 million veterans aid declining, many parents in our ents want us to work on behalf of all and active duty troops were stolen country are finding it harder and hard- Americans, not just the wealthy few. with it, making them all potential tar- er to afford the cost of college edu- But for 5 years now the Bush White gets for identity theft. cation for their sons and daughters. House and Congressional Republicans No employee of the Federal Govern- However, these families know the im- have showered millionaires with large ment should have the ability to walk portance of having a college degree in tax breaks while ignoring the economic out of their office with that amount of today’s economy. We really cannot un- conditions of the middle class. This personnel data on their computer. The derestimate the importance. year, while middle-class families re- administration needs to make sure Therefore, large numbers are relying ceived an average of a $60 tax break, that something like this never happens on student loans to help meet tuition America’s millionaires received a again. costs. While these loans can be a great whopping $65,000 gift from the Federal The VA must also work with Con- resource to make college accessible to Government. And Washington Repub- gress to provide assistance to the mil- more students, they can also cause licans call this fair? lions of victims of this leak without af- great financial hardships for the bor- It would be one thing if both the fecting veterans’ benefits. Veterans rower when they graduate and the pay- wealthy and middle class were both should have the resources made avail- ments are due. benefiting in today’s economy, but able to them free of charge to monitor The administration has supported again many of our constituents are fac- their credit reports for suspicious ac- making paying for these loans even ing uncertain times. Today, wages are tion. more difficult by enacting their raid on stagnant, family debt is on the rise, If any of our veterans or troops be- student aid and cutting $12 billion from health care benefits have either dis- come victims of identity theft because the higher education budget. Because appeared or increased dramatically, of the security breach, they should not of these drastic and devastating cuts, and savings levels have plummeted. be held responsible. After all, it was by interest rates on student and parent These are the economic conditions no act of their own that their personal loans for college will increase signifi- many of our constituents face today, information was compromised. cantly July 1. but this House Republican majority Last night, I introduced H.R. 5588, a To avoid this dramatic increase in in- seems content with the status quo; and bill that would ensure the veterans are terest rates, I encourage all Federal it is time this House listened to hard- protected in case of their stolen iden- student loan borrowers to visit working middle-class Americans. tity. www.loanconsolidation.ed.gov to con- f I urge my colleagues to support this solidate their loans before July 1. important legislation. WAIVING REQUIREMENT OF f f CLAUSE 6(a) OF RULE XIII WITH KATRINA BILLS RESPECT TO CONSIDERATION OF IRAQI SECURITY FORCES GAINING (Ms. MCKINNEY asked and was given CERTAIN RESOLUTIONS GROUND IN IRAQ permission to address the House for 1 Mr. LINCOLN DIAZ-BALART of (Mr. WILSON of South Carolina minute.) Florida. Mr. Speaker, by direction of asked and was given permission to ad- Ms. MCKINNEY. Mr. Speaker, this the Committee on Rules, I call up dress the House for 1 minute and to re- week several of my colleagues and I are House Resolution 862, and ask for its vise and extend his remarks.) circulating a chart listing 176 Katrina immediate consideration. Mr. WILSON of South Carolina. Mr. bills, out of which only a dozen have The Clerk read the resolution, as fol- Speaker, as the House prepares to con- become law to date. As we sit here lows: sider a resolution for victory in the today, dozens of survivors are pro- H. RES. 862 global war on terrorism, I would like to testing the injustices suffered at the Resolved, That the requirement of clause congratulate U.S. troops and coalition hands of FEMA. Hurricane season is 6(a) of rule XIII for a two-thirds vote to con- forces for training Iraqi security upon us again, and FEMA continues to sider a report from the Committee on Rules forces. deny housing assistance to tens of on the same day it is presented to the House In 3 years, coalition troops have thousands of needy families, many of is waived with respect to any resolution re- transformed hundreds of thousands of them now rendered homeless. ported on the legislative day of June 13, 2006, Iraqi volunteers into battle-tested New Orleans remains a toxic disaster providing for consideration of the bill (H.R. Iraqi security forces. The Defense De- zone that still looks much like it did 5576) making appropriations for the Depart- ments of Transportation, Treasury, and partment’s quarterly report recently the day after the hurricane. Despite Housing and Urban Development, the Judici- stated that there are more than 263,400 the tens of billions of dollars spent on ary, District of Columbia, and independent trained and equipped Iraqi security no-bid, sweetheart contracts, much of agencies for the fiscal year ending Sep- forces. Additionally, the Iraqi Army it wasted. tember 30, 2007, and for other purposes.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.018 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3804 CONGRESSIONAL RECORD — HOUSE June 13, 2006 The SPEAKER pro tempore (Mr. day. You would think that after con- When I say I am not talking about DENT). The gentleman from Florida is trolling the House for 11 years that my content, I am not talking about the recognized for 1 hour. friends in the majority would have fig- substance of the transportation meas- Mr. LINCOLN DIAZ-BALART of ured out how to bring a nonemergency ure that is so critical to this Nation. Florida. For the purpose of debate appropriations bill to the floor under What I really am talking about is the only, I yield the customary 30 minutes regular order. Indeed, there is simply process where the Nation’s representa- to my good friend from Florida (Mr. no good reason to handle these bills tives get an opportunity to speak on HASTINGS), pending which I yield my- outside the normal parameters of the issues of vital concern. So, then, when self such time as I may consume. Dur- way the House should conduct its busi- we say that this rule circumvents reg- ing consideration of this resolution, all ness. ular order, as a general rule Jane and time yielded is for the purpose of de- Moreover, when the House does oper- Joe Lunchbucket don’t have a clue bate only. ate this way, it effectively curtails our what we are talking about. So perhaps (Mr. LINCOLN DIAZ-BALART of rights and responsibilities as serious it would be helpful, since we have a lit- Florida asked and was given permis- legislators. When the leadership of this tle time, to explain to them what reg- sion to revise and extend his remarks.) body bypasses the rules of regular ular order would normally require for a Mr. LINCOLN DIAZ-BALART of order, as it is attempting to again do nonemergency appropriations measure. Florida. Mr. Speaker, House Resolution today, it really does discredit this The rule that we are getting ready to 862 waives clause 6(a) of rule XIII re- great institution in which all of us are present this transportation measure quiring a two-thirds vote to consider a privileged to serve. under also called for same-day consid- rule on the same day it is reported Realize, Mr. Speaker, my concerns eration of legislation providing for the from the Committee on Rules. House are not content but rather process. Department of Transportation, Treas- Resolution 862 will allow the House to This martial law rule sends a false ury, Housing and Urban Development, consider the rule for consideration of message to the American people that the Judiciary, the District of Columbia the Transportation, Treasury, and this is what the Framers intended and independent agencies for the fiscal Housing and Urban Development Ap- when they envisioned the House of year ending September 30, 2007, and for propriations Act for fiscal year 2007. Representatives. The House of Rep- other purposes. What it does is it cir- The Rules Committee received nu- resentatives ought to be a body of cumvents one of the rules, which is 6(a) merous requests from the authorizing thought and deliberation, where Amer- of rule XIII. That generally doesn’t committees to expose portions of the ica’s greatest needs are given proper mean a thing to the American public, bill that they feel represent legislating consideration. Under the majority, but let me tell them what it means. on appropriations bills. We are working however, thought and deliberation That rule requires a two-thirds vote through those requests now. Later have been replaced by rubber stamps in order to consider a rule on the same today the Rules Committee will meet and obvious disorganization. This is day reported from the Rules Com- to thoroughly consider these requests not a good thing, and it is a disservice mittee. Two-thirds of the Members of and report out a rule. to the American people. this House would have to do that. What Although we have not passed a final I really do urge my colleagues to re- we are doing with this rule is we are rule on this bill yet, Mr. Speaker, his- ject continued attempts to circumvent waiving that two-thirds requirement torically appropriations bills have regular order in the House of Rep- and we are saying it is all right, you come to the House floor governed by an resentatives. can bring up any of these things under open rule. I expect that we will con- I reserve the balance of my time. the same-day rule because it doesn’t tinue to do so in order to allow each Mr. LINCOLN DIAZ-BALART of require two-thirds of the Members. and every Member of this House the op- Florida. Mr. Speaker, I would simply I can assure you if two-thirds of the portunity to submit amendments for note that the Transportation, Treas- membership were required in order for consideration, obviously, as long as ury, HUD bill passed the full Appro- us to be able to proceed along regular they comply with the rules of the priations Committee by a voice vote on order, it might not be difficult to House. June 6. In other words, without opposi- achieve; but it would be fair for us to Mr. Speaker, I urge my colleagues to tion, without noted opposition; and the function that way. So we have ignored support this same-day rule so we can bill was filed on June 9. It has been the process repeatedly here in the move forward to the rule on this im- available for everyone to see and re- House of Representatives. And what portant appropriation bill as soon as view for days now. It was also on the that does is it creates a situation the rule is ready. schedule since last week. where Members in the House of Rep- I reserve the balance of my time. I have no further speakers on this resentatives who represent constitu- Mr. HASTINGS of Florida. Mr. side of the aisle. I would ask my good ents don’t get an opportunity to have Speaker, I thank the gentleman from friend if he has any other speakers. their measures considered by the Rules Florida, my good friend, Mr. DIAZ- Mr. HASTINGS of Florida. I was try- Committee or by the House under reg- BALART, for yielding me the time; and ing to allow that we go a bit longer ular order, thereby precluding them I yield myself such time as I may con- only for the reason that the next agen- from having an opportunity to actually sume. da matter is not present for us. I won’t receive the best interests of their rep- Mr. Speaker, I rise today with a bit make an accusation that that allows resentative as it pertains to issues that of trepidation about this rule and this that my friends in the majority are are germane to their interests in their process, which clearly circumvents the having difficulty in organizing their ef- locales. regular order of business of the House. forts. That is a long way to describe that I can find no reasonable explanation or My good friend from Florida, for ex- when you waive the process, you waive sensible justification for going around ample, just commented that this has the rights of the people that we rep- the well-established rules of this body been a measure, or this is a measure, resent to have their representatives to bring the transportation appropria- that was passed and that it has been present their views here on the floor of tions bill to the floor today in this known since June 9; and at the very the House of Representatives and to manner. same time, at the outset, you began by have this great deliberative body work The majority has been so kind in ex- saying that we are in the process of de- its will. Therein lies the rub with this plaining why it believes that this mar- termining what we are going to do be- particular kind of process. tial law is needed. Unfortunately, the fore we report out the rule. It even has a distinct name: martial majority’s explanation has fallen a bit You know, we use a lot of beltway law. That sounds like something that short on convincing this side of the language here, and for a long time I is forcing something or requiring some- aisle that we need to do this today and didn’t believe that there was a beltway thing to be done under the aegis of au- not tomorrow. mentality. The tragedy is now I, as thoritarian rule. That is not right, and For the life of me, I can’t figure out well as others that I know, have be- that is what we complain of, those of why this bill must come to the floor in come a part of it. Let me say what I us that have the opportunity and privi- this manner. It is, after all, only Tues- am talking about. lege to do so in the Rules Committee.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.021 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3805 Mr. Speaker, I have no further speak- private elementary school, private secondary Today all States require some type of ers, and I yield back the balance of my school, local educational agency, or State edu- background check for school employ- time. cational agency, or to any person authorized by ees. Unfortunately, some individuals Mr. LINCOLN DIAZ-BALART of law to receive that information. with alarming records of criminal con- (c) CRIMINAL PENALTIES.—An individual who Florida. Mr. Speaker, I yield back the knowingly exceeds the authority in subsection duct slip through the cracks. Last year balance of my time, and I move the (a), or knowingly releases information in viola- police in Charlevoix, Michigan, discov- previous question on the resolution. tion of subsection (b), shall be imprisoned not ered that a convicted sex offender was The previous question was ordered. more than 10 years or fined under title 18, volunteering as the director of the The SPEAKER pro tempore. The United States Code, or both. AmeriCorp program for the local question is on the resolution. (d) DEFINITIONS.—In this section, the terms school district. The man had an arrest The question was taken; and the ‘‘elementary school’’, ‘‘local educational agen- record dating back to 1964, including Speaker pro tempore announced that cy’’, ‘‘secondary school’’, and ‘‘State edu- sex offenses involving children. cational agency’’, have the meanings given to the ayes appeared to have it. those terms in section 9101 of the Elementary School officials submitted the man’s Mr. HASTINGS of Florida. Mr. and Secondary Education Act of 1965 (20 U.S.C. date of birth, Social Security number Speaker, on that I demand the yeas 7801). and driver’s license number for a back- and nays. (e) TECHNICAL CORRECTION.—Section 534 of ground check through the State sys- The yeas and nays were ordered. title 28, United States Code, as amended by sec- tem. However, his criminal record did The SPEAKER pro tempore. Pursu- tion 905(a) of the Violence Against Women and not show up because the man had le- ant to clause 8 of rule XX, further pro- Department of Justice Reauthorization Act of gally changed his name some 20 years ceedings on this question will be post- 2005 (Public Law 109–162), is further amended earlier. Authorities learned of his by redesignating the second subsection (e) as poned. subsection (f). criminal history only after he under- f went a fingerprint check for a weapons The SPEAKER pro tempore. Pursu- permit. ANNOUNCEMENT BY THE SPEAKER ant to the rule, the gentleman from In May, a California teacher was con- PRO TEMPORE Wisconsin (Mr. SENSENBRENNER) and victed on 17 counts of molesting nine The SPEAKER pro tempore. Pursu- the gentlewoman from Texas (Ms. students. Just last week, a second Cali- ant to clause 8 of rule XX, the Chair JACKSON-LEE) each will control 20 min- fornia teacher was arrested on charges will postpone further proceedings utes. that he molested a third-grade student. today on motions to suspend the rules The Chair recognizes the gentleman Even more disturbing is that this man on which a recorded vote or the yeas from Wisconsin (Mr. SENSENBRENNER). had been suspected of a similar inci- and nays are ordered, or on which the b 1245 dent in 1990 and arrested for attempted vote is objected to under clause 6 of rape in 1994. rule XX. GENERAL LEAVE This bill gives States direct access to Record votes on postponed questions Mr. SENSENBRENNER. Mr. Speak- Federal fingerprint databases to make will be taken later today. er, I ask unanimous consent that all sure that convicted sex offenders never Members may have 5 legislative days f work in a school again. Many school in which to revise and extend their re- districts are experiencing a surge in PROVIDING FOR CERTAIN ACCESS marks and include extraneous material growth that in turn increases the de- TO NATIONAL CRIME INFORMA- on H.R. 4894 currently under consider- mand for qualified teachers and staff. TION DATABASES ation. Schools are under added pressure to ex- Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Is there pedite the hiring process to meet this er, I move to suspend the rules and objection to the request of the gen- demand. H.R. 4894 streamlines access pass the bill (H.R. 4894) to provide for tleman from Wisconsin? to the Federal fingerprint databases so certain access to national crime infor- There was no objection. schools can be confident that they are mation databases by schools and edu- Mr. SENSENBRENNER. Mr. Speak- hiring upstanding teachers and staff. cational agencies for employment pur- er, I yield myself such time as I may The bill authorizes the Attorney poses, with respect to individuals who consume. General to provide States with accu- work with children. Mr. Speaker, I rise in strong support rate fingerprint-based background The Clerk read as follows: of H.R. 4894 sponsored by the gen- checks for current school employees H.R. 4894 tleman from Nevada (Mr. PORTER). and prospective faculty, staff and vol- This legislation provides our Nation’s Be it enacted by the Senate and House of Rep- unteers who work with children. Either resentatives of the United States of America in schools with an additional tool to en- the Attorney General or the State may Congress assembled, sure the safety of our schoolchildren charge a fee for the check. The back- SECTION 1. ACCESS TO NATIONAL CRIME INFOR- when hiring teachers, staff and volun- ground information may be released MATION DATABASES BY SCHOOLS teers. only to the appropriate school official AND EDUCATIONAL AGENCIES FOR Children are our Nation’s greatest re- or State education agency, and any CERTAIN PURPOSES. source. Parents trust that when they person who exceeds this authority or (a) IN GENERAL.—The Attorney General of the send their children off to school they United States shall, upon request of the chief misuses the background information executive officer of a State, conduct fingerprint- will be provided a safe environment in may be fined or imprisoned for up to 10 based checks of the national crime information which to learn. Teachers are vested years. databases (as defined in section 534(f)(3)(A) of with a tremendous responsibility of I commend the gentleman from Ne- title 28, United States Code, as redesignated preparing kids for a successful future, vada (Mr. PORTER) for his work on this under subsection (e)), pursuant to a request sub- and the overwhelming majority of our issue, and urge my colleagues to sup- mitted by an entity of the State, or unit of local educators conduct themselves as con- port this bill. government, which is designated to conduct summate professionals. Mr. Speaker, I reserve the balance of background checks on individuals employed by, Unfortunately, we sometimes hear under consideration for employment by, or vol- my time. unteering for, a private or public elementary about teachers who engage in criminal Ms. JACKSON-LEE of Texas. Mr. school, private or public secondary school, local conduct involving students. These few Chairman, I yield myself such time as educational agency, or State educational agen- bad apples not only jeopardize our chil- I may consume. cy in that State in a position in which the indi- dren’s safety, but tarnish the reputa- Mr. Speaker, allow me first of all to vidual would work with or around children. tion of those in the educational com- say that in our work on the Committee Where possible, the check shall include a finger- munity. While all incidents of this na- on the Judiciary, and particularly the print-based check of State criminal history data- ture are an outrage, the tragedy of Subcommittee on Crime, there is no bases. The Attorney General and the States may some is compounded when these deplor- doubt that one of the most prevalent charge any applicable fees for these checks. (b) PROTECTION OF INFORMATION.—An indi- able actions are perpetrated by individ- issues that we address is a way to pro- vidual having information derived as a result of uals whose past criminal record should tect our children, whether it is against a check under subsection (a) may release that have identified them as potential sexual predators, whether it is against information only to an appropriate officer of a threats. the heinous acts of individuals who not

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.023 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3806 CONGRESSIONAL RECORD — HOUSE June 13, 2006 only sexually abuse our children but puters, whether it be in our public But I do think as I support this legis- then ultimately kill them, and cer- parks, whether it be in the workplace, lation that Americans also understand tainly we are aware of the far-reaching or even our schools. that we want people to have an oppor- impact that the lack of structure and I would suggest that all Members of tunity for rehabilitation, to engage in process has on our educational system, Congress take a look at maps that a productive life and to be able to pro- particularly individuals who are work- local law enforcement have of the sex- vide for their families. Putting aside ing in our schools, primary and sec- ual predators that hang around our the sexual predators and those who are ondary, and work with our children as schools, that move into our school plagued by violent crimes and violent it relates to sports activities. areas, if not adjacent across the streets crimes against children, I would offer So I am certainly in support of H.R. from our schools. We need tools. We to say that we want to make sure as 4894, and clearly I would argue that we need additional tools to help our teach- well that those who are perpetrators of have a better product. I do not want to ers and professionals, our administra- nonviolent crimes or individuals be anywhere suggesting that we are tors in our schools to streamline the charged with petty theft, but people not fighting for our children. I do want process to get as much information as who have been out of the system for to offer the fact that, as I indicated, possible. decades have the opportunity for em- that we have a better product, that we As Chairman SENSENBRENNER men- ployment and rehabilitation. can agree that the criminal back- tioned the Michigan example, it is un- I hope as we make our way toward ground checks done on individuals acceptable that a teacher could change conference again that these consider- working with children is something we his name legally and still teach, having ations will be taken into account and all want, and certainly we want to be been in prison for having molested an we will review this so we can work able to include those who pose a 8-year-old child. Currently, only 26 with Mr. PORTER and work with con- threat. States are in the compact approved by ferees and work with the Senate to But we do want to have a criminal Congress in 1999 giving States the tools make sure that we get constructive background check system, of course, to do background checks through the legislation to help us all. that has the elements of some order FBI. That means there are 27 million Mr. Speaker, I reserve the balance of and constitutional protection. Might I students in 24 States that do not have my time. just say to my colleagues that a this same tool available to them to Mr. SENSENBRENNER. Mr. Speak- version of the language that is in this make sure their environment is safe. er, I yield myself 30 seconds. Mr. Speaker, the leader on the Demo- bill already passed twice in H.R. 3132 Mr. Speaker, this bill is common cratic side has given two speeches. The and H.R. 4472, which really means in a sense. It streamlines the process for all speeches are supposedly in support of bipartisan way we agree with this. So I 50 States. It allows access by all 50 the bill, but then there is a whole long States to this information, and will not thank the gentleman from Nevada (Mr. list of problems with it. Now we cannot circumvent existing background PORTER) for reinforcing our agreement. make the perfect the enemy of the I do hope as we talk about our par- checks and procedures by our school good when we are trying to protect ticular issues that we would recognize districts, who I know are trying to do children. that it is important to be able to put in the right thing. This is a bill that gives school dis- the processes that would question We are fortunate to have some of the tricts the tool to get additional infor- whether all raw data is the kind of greatest and best teachers in the world, mation on people who might try to data that we should include for access but we want to make sure that those harm children. So I think our com- by these institutional entities. few that try to sneak through the sys- mittee has done a very good job in con- I do believe as we move toward the tem are caught in advance. sidering this legislation and making it Senate and have a conference on this As a Member of Congress from one of not maybe a perfect bill but a very, bill, we will find common ground so the fastest growing States in the coun- very good one. We do not need a con- that what we put forward will protect try, we hire close to 2,500 new teachers ference. We ought to pass it today, and our children absolutely and as well be a year, close to 5,000 support staff and then the other body ought to pass it a system that will be readily accessible faculty. We need to make sure that the and let’s get on with it. to our educational institutions and at fast-growing States and the balance of Mr. Speaker, I yield 3 minutes to the the same time give them the informa- States in this country have as much in- gentleman from Florida (Mr. KELLER). tion that they need to ensure that formation as available because I can- Mr. KELLER. Mr. Speaker, I thank those who are apt to injure, harm our not imagine the pain as a parent my- the chairman for yielding me this children, are weeded out of our edu- self of having my child molested by time. cational system. someone in our schools. I rise today in strong support of H.R. We like the streamlined process. We Mr. Speaker, I am very proud of our 4894. This is a commonsense piece of like the fact that the Attorney General teachers and administrators and school legislation to protect our school- is, if you will, able to handle the fin- boards for what they are doing. We children from being exposed to con- gerprints and data. But I know as we need to make sure they have the latest victed pedophiles on a daily basis. Isn’t make our way toward conference we in technology available. Through this it a matter of common sense that a will have even a further opportunity to bill, all school districts will have ac- school in my hometown of Orlando, make this bill the kind of bill that process to this information. I would ask Florida, can do a nationwide criminal vides the support and safety in the em- for the support of this body for H.R. background check to make sure that ployment place of our educational in- 4894. I appreciate the time we have its janitors, coaches and school- stitutions for all of our children. today. teachers are not convicted pedophiles Mr. Speaker, I reserve the balance of Ms. JACKSON-LEE of Texas. Mr. from New York, Massachusetts, Cali- my time. Speaker, I yield myself such time as I fornia, or Texas? Mr. SENSENBRENNER. Mr. Speak- may consume. Well, that is not happening right er, I yield 3 minutes to the gentleman Mr. Speaker, let me just say as I in- now. What does happen is they perform from Nevada (Mr. PORTER), the prin- dicated, I applauded Mr. PORTER for his a background check in-state to make cipal author of the bill. vision on protecting our children and sure that someone hasn’t been con- Mr. PORTER. Mr. Speaker, I thank also for responding to many of the edu- victed in Florida of being a pedophile, Mr. SENSENBRENNER, the majority lead- cational institutions around America and they perform a background check er, Mr. BOEHNER, Mr. MCKEON, and my who have asked for some sort of for- in 26 other States that signed on as good friend, Mr. KIRK, who has helped mat, some sort of structure to help part of a reciprocity agreement in 1998. me organize this agenda for the coun- them be able to, if you will, navigate What they don’t check, however, is if try, and the 50 some cosponsors. themselves around this massive crimi- anyone has a pedophile conviction from Mr. Speaker, we have an epidemic in nal justice system that in fact has an 24 other States, including the largest the United States. We have an epi- impact on how children are cared for in States in this country, States like demic of sexual predators following our our schools and day care centers and California and New York and Texas and children, whether it be on the com- places of sports activities. Massachusetts.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.026 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3807 I became involved in a mentoring School Safety Acquiring Faculty Ex- Ranking Member CONYERS, as well as program as a volunteer back when I cellence Act, and I congratulate the Mr. COBLE and Ranking Member SCOTT was practicing law called the Compact leadership of my friend and colleague, for bringing forward a constructive an- Mentoring Program. I personally went Mr. PORTER, and of course of Chairman swer to all of our concerns. out and recruited 700 individuals in my SENSENBRENNER, for bringing this im- Mr. Speaker, I don’t take a back seat community to be mentors to kids who portant piece of legislation to the floor to anyone in terms of advocacy for were at risk of dropping out of high today. children, and fighting against child school. This bill allows all States to access predators that have harassed and, if national criminal databases to obtain b 1300 you will, violently attacked our chil- criminal information when hiring dren across America. We should stand My number one fear is that one of teachers. The safety of our children in up for them. I hope that this House will those people I recruited may be a con- America’s schools is a major priority eventually take up the DNA legislation victed pedophile from another State. not only to our Nation’s educators, but that I have that has a separate, dis- We didn’t have the tools to do anything to every parent and guardian; and that tinctive DNA bank for those who are about it. is why I stand in support of it today. child predators. Congressman JON PORTER’s bill gives We need to make every resource avail- We are grateful that in the sub- us the tools to do something about it. able to our schools to ensure that the committee with Mr. SCOTT and Mr. I think this bill should get an award qualifications and the background of COBLE this bill has addressed many of for the most commonsense piece of leg- the faculty they hire are unquestioned. the issues that look at this in a broad- islation we have considered all year. This legislation streamlines the proc- er sense. So it is important when we I urge my colleagues to vote ‘‘yes’’ ess and ensures that those who are talk about bills that we want to be as on H.R. 4894. hired to work with and educate our near perfect as we can get. And I be- Mr. SENSENBRENNER. Mr. Speak- children are trustworthy, honest, and lieve that we have the political will er, I yield 11⁄2 minutes to the gentleman law abiding citizens. Mr. Speaker, this and the good conscience of this House from Pennsylvania (Mr. FITZPATRICK). is a great opportunity for the House of and the Senate that we will get there. Mr. FITZPATRICK of Pennsylvania. Representatives to take a stand with The idea is to protect our children, and Mr. Speaker, I am proud today to join our communities and our schools and the idea as well is to recognize that the Mr. PORTER and my fellow members of give them the tools necessary to make parameters of our Constitution will the Suburban Caucus in support of H.R. certain that our children are safe. allow us to do that while addressing 4894. It is fitting that this legislation is Mr. SENSENBRENNER. Mr. Speak- 1 those concerns. So I am hoping that we the first bill to reach the floor for con- er, I yield 1 ⁄2 minutes to the distin- will have a perfect bill because our sideration as part of the Suburban guished Chair of the Republican Con- children deserve so and, as well, that Agenda. H.R. 4894 follows the common- ference, the gentlewoman from Ohio, we will have a bipartisan effort to work sense set of issues that frames the Sub- and a former judge, Ms. PRYCE. on this issue. urban Agenda, protecting kids and Ms. PRYCE of Ohio. Mr. Speaker, ask families at home and at school, pro- any group of parents what they worry Mr. Speaker, I reserve the balance of viding families with better ways to about most, and I guarantee you that my time. save for college, and protecting our re- keeping their kids safe in a world that Mr. SENSENBRENNER. Mr. Speak- sources for a sustainable future. sometimes seems to get more dan- er, I said I had no further requests for As the father of six children, I want gerous by the day will be at the very time. Is the gentlewoman from Texas to know that when I or my wife drop top of that list. prepared to yield back to allow me to The legislation before us will help our kids off at school that they will be close? make kids in this country safer by giv- well taken care of. Our teachers are re- Ms. JACKSON-LEE of Texas. Mr. ing schools access to national criminal sponsible for our children’s welfare for Speaker, I have the great pleasure of information databases, allowing to the 6 or 8 hours that they are at school, yielding 1 minute to the distinguished them conduct more thorough back- and we need to know without question gentleman from Illinois (Mr. DAVIS). ground checks on prospective teachers. that their safety will be paramount on Mr. DAVIS of Illinois. Mr. Speaker, I It is as simple as that. want to commend the committee for the minds of teachers, faculty, and also It goes without saying that the vast volunteers. bringing this item before us. I am often majority of teachers in this country before this committee with a different Unfortunately, some would take ad- are praiseworthy men and women dedi- vantage of their students. Instead of issue that relates to the whole business cated to the well-being of the children of how do you help individuals re- guiding our children, they are preying that they teach. But, unfortunately, on them. Mary Kay Letourneau and integrate. But I rise to express strong even schools are not safe from the support for this legislation because I Debra Lafave have become household criminals and pedophiles who threaten names. But for each high-profile case remember the words of the songwriter the innocence and safety of our kids. who said that our children are the fu- of inappropriate encounters between It must be a priority of this Congress ture. And given the fact that they are, teacher and student, how many go un- and our Nation to see that anyone who we have a responsibility to do every- noticed, unreported? has harmed a child is brought to jus- thing within our power and possibility That is why today’s legislation is so tice, and this legislation will help to to make sure that they can grow up important. H.R. 4894 would give schools ensure that no criminal ever finds a safe and secure. the ability to request background safe haven in a school. checks on candidates for employment. I want to thank Mr. PORTER for his I want to also commend my col- Teachers, janitors, administrative hard work, Chairman SENSENBRENNER leagues and the chairman of one of my staff, all would be subject to a back- for allowing this to go forward and for subcommittees, Mr. PORTER from Ne- ground search through the Department your hard work. And I am especially vada, for his work on this legislation. I of Justice’s national crime information pleased to see it move forward as part strongly support it and urge its adop- databases. of the Suburban Agenda. And I urge my tion. This legislation protects our kids, colleagues to support the SAFE Act. Ms. JACKSON-LEE of Texas. I have our communities, and maintains the Mr. SENSENBRENNER. Mr. Speak- no further speakers, and I close simply, high standard that we set for our edu- er, I have no further requests for time Mr. Speaker, by thanking the distin- cators. I am proud to support the legis- and am prepared to yield back if the guished gentleman from Illinois who lation today and call on my colleagues gentlewoman from Texas will do the has represented the broadness of our to support it as well. same. view. We must protect our children, Mr. SENSENBRENNER. Mr. Speak- Ms. JACKSON-LEE of Texas. I have and I believe that this bill is on its way er, I yield 11⁄2 minutes to the gentleman requests for time, and I would like to to its perfection so that our children from Georgia (Mr. GINGREY). proceed. will not be subjected to infractions in Mr. GINGREY. Mr. Speaker, I rise Mr. Speaker, let me, as well, thank this legislation, but truly be protected. today in support of H.R. 4894, the Chairman SENSENBRENNER and thank And I hope that any other legislative

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.029 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3808 CONGRESSIONAL RECORD — HOUSE June 13, 2006 initiative that comes forward to pro- access to national crime information data- The Chair recognizes the gentle- tect our children will receive this bi- bases by schools and educational agencies woman from Ohio. partisan cooperation that we have for employment purposes, with respect to indi- Ms. PRYCE of Ohio. Mr. Speaker, I achieved in the House Judiciary Com- viduals who work with children. Our children yield myself such time as I might con- mittee. are America’s future. It is important that they sume. The story of this bill begins 4 I ask my colleagues to vote for the receive the best education we can offer them. months ago when I first heard that dis- legislation of Mr. PORTER. It is also important that they be placed in a abled students, many of whom rely on I yield back my time. safe learning environment. Furthermore, local section 8 housing assistance, were at Mr. SENSENBRENNER. Mr. Speak- government has an obligation to provide for risk of losing support they depend on er, I yield myself the balance of my the safety and security of students. We help to go to school in and around Colum- time. ensure that America’s children learn without bus, Ohio. Mr. Speaker, this bill is not even being put at risk by allowing local, territorial Marilyn Frank, the executive direc- close to the outer parameters of the and state educational agencies to access na- tor of Creative Living, an organization Constitution. What it does is it allows tional crime information databases. in Columbus that provides a home for the sharing of fingerprint data identi- Teachers play a prominent role in the lives the severely disabled, told me that she fication that has all been constitu- of children and in the shaping of their char- feared a new law aimed at eliminating tionally collected with school districts acter. This bill gives public and private schools abuses in the section 8 program had the who are hiring new personnel to find potential to hurt some of our most vul- out if they have something in their the tools they need to ensure that the teachers they hire uphold the highest standards of nerable citizens. Many of these resi- background that would disqualify them dents would be unable to pursue their from a job working with children. And conduct while educating our children. I support H.R. 4894 because it will help keep America’s dreams of higher education without the that is all there is to it. support of Creative Living and the The fingerprints were valid. It is children safe inside the classroom. funding of the section 8 program. merely sharing the fingerprints with Mr. SENSENBRENNER. I yield back H.R. 5117 gives us the opportunity to somebody who has got a legitimate use the balance of my time. right a wrong. We can give these stu- for them. The SPEAKER pro tempore (Mr. Now, there are criminal penalties in- FEENEY). The question is on the motion dents the peace of mind that they can volved for those who use those finger- offered by the gentleman from Wis- continue their education without fear prints for other than verifying some- consin (Mr. SENSENBRENNER) that the that they will lose the housing on body who is applying for a job at a House suspend the rules and pass the which they depend. Now, the story behind the story be- school or volunteering there, for any bill, H.R. 4894. gins more than a year ago. Media re- other purpose whatsoever. The question was taken. What has been said in the debate, The SPEAKER pro tempore. In the ports in Iowa and elsewhere questioned using the Michigan cases and the two opinion of the Chair, two-thirds of the integrity of section 8. It became California cases, shows that there are those present have voted in the affirm- clear that students, some student ath- loopholes in the present system that ative. letes, many from well-to-do families, allow people who wish to molest chil- Mr. SENSENBRENNER. Mr. Speak- were residing in subsidized housing cre- dren to get jobs undetected of their er, on that I demand the yeas and nays. ated for low-income Americans. The past record. And what the gentleman The yeas and nays were ordered. images from these reports were pat- from Nevada is doing is making sure The SPEAKER pro tempore. Pursu- ently offensive. While some families that those people are identified before ant to clause 8 of rule XX and the struggled to make financial ends meet they can wreck another young life. Chair’s prior announcement, further to stay in the section 8 residences, a What’s wrong with that? This doesn’t proceedings on this question will be group of college football players lived need perfection. It is simple; it is postponed. in low-income housing, rent free and spent their $500 per week stipend at the straightforward. And it ought to pass. f Mr. MCKEON. Mr. Speaker, I rise today in mall on video games. support of H.R. 4894, the School Safety Ac- EXEMPTING PERSONS WITH DIS- Congress responded quickly to close quiring Faculty Excellence Act, a measure to ABILITIES FROM SECTION 8 these loopholes and tightened the eligi- provide school districts with the ability to en- RENTAL ASSISTANCE PROHIBI- bility requirements for students who sure the safety of their classrooms. TION wish to reside in federally subsidized housing. I thank Mr. PORTER for leading the charge in Ms. PRYCE of Ohio. Mr. Speaker, I Unfortunately, that fix overlooked making certain that children in our schools are move that the House suspend the rules the disabled. This bill simply exempts learning in the safest environment possible. and pass the bill H.R. 5117, as amended. disabled students who were receiving America’s teachers are at the very heart of our The Clerk read as follows: section 8 from these new requirements, education system and play a vital role in the H.R. 5117 lives of children. Their daily one-on-one inter- thus grandfathering in disabled stu- Be it enacted by the Senate and House of Rep- action with the children in their classrooms dents who are currently going to resentatives of the United States of America in school and receiving this assistance. cannot easily be matched. Congress assembled, It is for those reasons that we want to be The list of exempt individuals also cur- SECTION 1. EXEMPTION OF PERSONS WITH DIS- certain that our teachers are of no threat to ABILITIES FROM SECTION 8 RENTAL rently includes veterans, married indi- our children. The School Safety Acquiring Fac- ASSISTANCE PROHIBITION. viduals, and those with dependent chil- ulty Excellence Act is a logical and realistic Subsection (a) of section 327 of Public Law dren. approach to providing school administrators 109–115 (119 Stat. 2466) is amended— The bill we are considering today en- the tools necessary to help ensure their (1) in paragraph (5), by striking ‘‘and’’ at sures that disabled students who des- schools are safe. the end; perately are dependent upon section 8 Mr. Speaker, teachers deserve our utmost (2) by redesignating paragraph (6) as para- to pursue their education will not be graph (7); and unfairly shut out of the rental assist- appreciation for their service and lifelong dedi- (3) by inserting after paragraph (5) the fol- cation to education. It is through this legisla- lowing new paragraph: ance program. tion, however, that we also address the reali- ‘‘(6) is not a person with disabilities, as I would like to thank my fellow Ohio- ties of today and provide reassurance that we such term is defined in section 3(b)(3)(E) of ans, Chairman OXLEY and Congressman are keeping predators out of our classrooms. the United States Housing Act of 1937 (42 NEY, Chairman HOBSON and Congress- The safety and protection of our school- U.S.C. 1437a(b)(3)(E)) and was not receiving man TIBERI, for helping move this bill children is imperative. assistance under such section 8 as of Novem- quickly to the floor. Mr. LEACH and Again, I would like to thank Mr. PORTER for ber 30, 2005; and’’. Ranking Member FRANK from Massa- his continued efforts to help guarantee the The SPEAKER pro tempore. Pursu- chusetts also deserve a great deal of safety of our schools, and I urge my col- ant to the rule, the gentlewoman from thanks. leagues to support this bill. Ohio (Ms. PRYCE) and the gentlewoman But our fight is not done. Unfortu- Ms. BORDALLO. Mr. Speaker, I rise today from California (Ms. WATERS) each will nately, because of some CBO scoring in support of H.R. 4894, to provide for certain control 20 minutes. issues, the bill before us today is not

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.034 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3809 the broad fix to the section 8 program the Section 8 program, particularly the rules were suspended and the bill, I had originally sought. And subsidized where disabled students are concerned. as amended, was passed. housing facilities like Creative Living So I would urge my colleagues to A motion to reconsider was laid on cannot accept new students under the support the passage of H.R. 5117. the table. And let me just say that this bill is section 8 program until a more perma- f nent solution is enacted by this body. typical of the kind of work that is getting done on our committee. We have GENERAL LEAVE b 1315 tremendous cooperation from both Ms. PRYCE of Ohio. Mr. Speaker, I To that end I will continue to work sides of the aisle to do good work rel- ask unanimous consent that all Mem- to ensure that facilities like this can ative to making sure that not only bers have 5 legislative days within continue to house students with dis- rental opportunities are available to which to revise and extend their re- abilities in the future and allow them those who need it, but we are doing marks on this legislation and insert ex- to pursue their dreams. wonderful work in this committee on traneous material thereon. Mr. Speaker, I reserve the balance of home ownership issues. What better The SPEAKER pro tempore. Is there my time. month to be able to correct this prob- objection to the request of the gentle- Ms. WATERS. Mr. Speaker, I yield lem in law than the month of June. woman from Ohio? myself such time as I may consume. This is National home ownership There was no objection. Mr. Speaker, first of all, I would like Month, and I think that our committee to thank the gentlewoman from Ohio, has certainly recognized this. And f Ms. PRYCE; the gentlemen from Ohio, while we make this correction, we are RECOGNIZING THE 50TH ANNIVER- Mr. TIBERI and Mr. HOBSON; and the working on a lot of other bills. SARY OF THE INTERSTATE distinguished chairman of the Sub- I am so proud of the work that we are HIGHWAY SYSTEM committee on Housing and Community all doing on FHA to bring it up to date Mr. PETRI. Mr. Speaker, I move to Opportunity, from Ohio, Mr. NEY; as and make sure that our opportunities suspend the rules and agree to the con- well as the ranking member, Mr. BAR- are available for the least of these. I current resolution (H. Con. Res. 372) NEY FRANK; and Chairman OXLEY for am so proud of the work that we are their work on this measure. The full going to mark up on voucher reform. I recognizing the 50th Anniversary of the Committee on Financial Services re- am very pleased about the idea that Interstate Highway System. ported it out unanimously by voice many of us are getting together to try The Clerk read as follows: vote on May 24 of this year. As indi- to hold on to HOPE VI. H. CON. RES. 372 cated by my colleague Ms. PRYCE, this So in this National home ownership Whereas on June 29, 1956, President Dwight bill corrects an unintended con- Month, today we stand to send a signal D. Eisenhower signed the Federal-Aid Highway sequence of a provision added to the not only to the disabled but to those Act of 1956 to establish a 41,000-mile National who somehow get overlooked, forgot- System of Interstate and Defense Highways, HUD appropriations bill last year that known as the ‘‘Interstate Highway System’’, sought to close a loophole in the Sec- ten, that we really are on point. Mr. Speaker, again, let me just thank and the Highway Revenue Act of 1956 to create tion 8 program allowing student ath- a Highway Trust Fund; letes and other non-needy students ac- my colleagues on the committee on Whereas in 1990, the National System of Inter- cess to subsidized housing. both sides of the aisle for the work state and Defense Highways was renamed the The fiscal year 2006 Transportation, that we are doing. I thank them today ‘‘Dwight D. Eisenhower National System of Treasury, HUD, Judiciary and D.C. Ap- for 5117, for all of the other work that Interstate and Defense Highways’’ to recognize propriations conference report, codified we are doing, and I would say that President Eisenhower’s role in the creation of many others in this House can look at the system; as Public Law 109–115, included a provi- Whereas in 2006, this web of superhighways, sion that effectively counted the in- the work that this committee is producing and be proud and perhaps even now spanning a total of 46,876 miles throughout come of parents when determining the United States, has had a powerful and posi- whether students under the age of 24 use it as an example. tive impact on our national life; are eligible to receive Section 8 assist- And so, Mr. Speaker, I urge passage Whereas the Interstate Highway System has ance. That provision does not apply to at this time. proven vital in transporting people and goods veterans or to students who are mar- Mr. Speaker, I yield back the balance from one region to another speedily and safely; ried or have children. This bill, H.R. of my time. Whereas the Interstate Highway System has Ms. PRYCE of Ohio. Mr. Speaker, I facilitated trade both within our national bor- 5117, would additionally exempt stu- yield myself such time as I may con- ders and globally and helped create unprece- dents with disabilities from this treat- sume. dented economic expansion and opportunities ment. I just want to say this is a great vic- for millions of Americans; Mr. Speaker, the same appropriations tory today. We are ensuring that these Whereas the Interstate Highway System has bill included language intended to students do not have to put away their brought diverse communities throughout our land closer together and kept us connected to close the loophole in the Section 8 pro- textbooks or even hang up their lab gram which allowed student athletes one another as well as the larger world; coats because of something that we did Whereas the Interstate Highway System has and other non-needy students access to when we thought we were correcting a Section 8 housing intended for low-in- made it easier and often more enjoyable to trav- problem. There are enough challenges el to long-distance destinations and spend time come persons. While this was not the put in front of individuals with severe with family members and friends who live far intention of the appropriators, it cre- disabilities, and worrying about a place away; ated a potential hardship for the dis- to call home while they attend college Whereas the Interstate Highway System is a abled community. However, the final should not be one of them. pivotal component in our national system of de- rule issued by HUD in response to Pub- I also appreciate the bipartisan effort fense and emergency preparedness efforts; lic Law 109–115 has the potential to dis- Whereas the Interstate Highway System re- on this bill and so many other pieces of mains one of our country’s paramount assets as qualify from Section 8 eligibility those legislation that moved through our severely disabled individuals under the well as a symbol of human ingenuity and free- committee. dom; and age of 24 who are enrolled in an institu- And thank you, Ms. WATERS, for join- Whereas this anniversary provides an occa- tion of higher learning. ing me in this effort. sion to both honor one of the largest public H.R. 5117 is prescriptive, Mr. Speak- Mr. Speaker, I yield back the balance works achievements of all time and reflect on er. It merely adds persons with disabil- of my time. how it can remain effective in the years ahead: ities to the list of exempt individuals. The SPEAKER pro tempore. The Now, therefore, be it Of course, the disabled can least afford question is on the motion offered by Resolved by the House of Representatives (the additional burdens and, therefore, any- the gentlewoman from Ohio (Ms. Senate concurring), thing that we can do to lessen their That Congress— PRYCE) that the House suspend the (1) recognizes the golden anniversary year of burden is well worth it. The final rule rules and pass the bill, H.R. 5117, as the Dwight D. Eisenhower National System of issued by HUD included this prohibi- amended. Interstate and Defense Highways; tion, and the sooner it is lifted, we will The question was taken; and (two- (2) recognizes the achievements of the Federal be able to return a sense of fairness to thirds having voted in favor thereof) Highway Administration (and its predecessor,

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\K13JN7.037 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3810 CONGRESSIONAL RECORD — HOUSE June 13, 2006 the Bureau of Public Roads), the State depart- needed a better highway system. Eisen- oped the initial plans for the present ments of transportation, and the highway con- hower made the creation of an inter- day interstate highway system. In fact, struction industry, including contractors, de- state system a keystone of his domes- Chief MacDonald’s stature was such signers, engineers, laborers, materials producers, tic agenda when he came into office in that when I started here on the Hill as and equipment companies, for their contributions to the construction of the Interstate High- the early 1950s. a junior staff person on the Sub- way System and the quality of life of the citi- Eisenhower’s original effort to pass committee on Rivers and Harbors of zens of the United States; and legislation to create an interstate sys- the Committee on Public Works his (3) encourages citizens, communities, govern- tem went down in defeat in July of name was revered. The people almost ment agencies, and other organizations to pro- 1955. He was unwilling to accept defeat, bowed in mentioning his name. He real- mote and participate in celebratory and edu- however, and he resumed his campaign ly developed the plans for the present cational activities marking this uniquely impor- in 1956. Eisenhower’s plan required the interstate highway system. tant and historic milestone. Federal Government to bear the major- In 1938, the Congress mandated devel- The SPEAKER pro tempore. Pursu- ity of the construction cost, recog- opment of a plan for an interstate ant to the rule, the gentleman from nizing this massive public works highway system. MacDonald laid out Wisconsin (Mr. PETRI) and the gen- project was vital to interstate com- the plan in a report entitled ‘‘Toll tleman from Minnesota (Mr. OBERSTAR) merce, national defense, and economic Roads and Free Roads,’’ 1939. Based on each will control 20 minutes. growth. His plan also established a user that report, Congress in 1944, as it The Chair recognizes the gentleman fee-based financing plan through a gas could see the end of World War II, di- from Wisconsin. tax and this funding source is still the rected the Bureau of Public Roads to GENERAL LEAVE bedrock of the current Federal Aid undertake a study of a nationwide sys- Mr. PETRI. Mr. Speaker, I ask unani- Highway Program. tem of interconnected highways, total- mous consent that all Members may Congress passed the Federal-Aid ing some 44,000 miles. have 5 legislative days in which to re- Highway Act of 1956 in June of 1956, b 1330 vise and extend their remarks and in- and on June 29, 1956, President Eisen- clude extraneous material on House hower signed the bill into law and set That national system of interstate Concurrent Resolution 372. in motion the interstate system as we highways directive by the Congress, The SPEAKER pro tempore. Is there know it today. was carried out by the Bureau of Pub- objection to the request of the gen- I am honored to be here this after- lic Roads, with a plan to link major tleman from Wisconsin? noon to recognize the 50th anniversary cities; that is, those of 50,000 popu- There was no objection. of the interstate system, and I look lation and more. But it did not provide Mr. PETRI. Mr. Speaker. I yield my- forward to taking part in the other a funding mechanism. self such time as I may consume. events that are planned throughout And in the aftermath of World War Thursday, June 29, will mark the 50th this month to honor this historic anni- II, as the Nation rushed to reintegrate anniversary of the Federal law that versary. the 16 million men and women who brought America its unparalleled inter- Mr. Speaker, I reserve the balance of served the U.S. in the great war, put state highway system. This 46,508-mile my time. aside the development of a highway web of superhighways has transformed Mr. OBERSTAR. Mr. Speaker, I yield plan as we rushed to convert to civilian our Nation and our Nation’s economy. myself such time as I may consume. purposes industries that had built ma- It is a symbol of freedom and it is a I thank the gentleman from Wis- chinery of war. tribute to human ingenuity. consin for his very thoughtful histor- But MacDonald continued working As America entered the 20th century, ical rendition of the evolution of the tirelessly with State departments of good roads, even paved roads, were not interstate highway program. highways, with urban planners, with common. In addition, it was rare for This resolution honors the golden an- others, to continue developing this idea roads in one State to link up with niversary of the Dwight D. Eisenhower of an interstate highway system. He roads in adjacent States. Roads might National System of Interstate and De- had sustained it through the Great De- lead outward from cities, even to State fense Highways. But the original inter- pression, he had sustained the idea lines, but there was no guarantee they state highway, one that linked several through World War II. would meet other roads in neighboring States, was charted by George Wash- He was not dismayed by the rush to States. The concept of an interstate ington in 1784, a year after the Revolu- civilianize the war-time economy of system as we know it today can be tionary War concluded. Traveling to the United States. He kept working on traced back to a 1939 report to Con- the Ohio country on horseback, Wash- this until his retirement in 1953. Indeed gress called ‘‘Toll Roads and Free ington carefully observed the people it was, as Chairman PETRI said, Presi- Roads.’’ and the land. He saw that settlers were dent Dwight Eisenhower who exercised In 1944, the National Highway Com- trapped, that they could fall under the the political will and leadership to mittee, appointed by President Frank- control, as he wrote, of ‘‘the Spaniards take this vision to reality. lin Delano Roosevelt and headed by on their right or Great Britain on their But there was also another force, the Commissioner of Public Roads Thomas left.’’ He recognized the need to unite increasing congestion on our Nation’s MacDonald, produced plans for a na- our new Nation by opening, as he highways, and with it, the increasing tional system of approximately 34,000 called it, a smooth way through the death rate on our Nation’s highways. It miles of expressways. Appalachian Mountains to enable the was projected in 1951, 1952, that if we However, it was the efforts of Presi- settlers, again as he put it, ‘‘to pass did not do something about the conges- dent Dwight David Eisenhower that our markets before the trade may get tion on our highways and the rising gave us the interstate highway system into another channel.’’ A quaint way of death toll, we would be killing 100,000 we have today. Eisenhower personally saying things. people a year on America’s highways. witnessed the need for a national high- Washington determined the best That was the driving force behind mov- way system in 1919, when as a young route through the mountains was ing to the next stage and bringing the lieutenant colonel in the Army he Nemacolin’s Trail, a network of old In- vision of an interstate system to re- helped staff a convoy of 81 military ve- dian hunting paths that Washington ality. hicles from Washington, D.C. to San knew well from his early days as a sur- I will not repeat the very thoughtful Francisco. It is kind of a modern day veyor. It took almost 50 years to con- and I think erudite presentation that Lewis and Clark Expedition. The jour- vert the trail into the first federally Mr. PETRI cited of President Eisen- ney took 62 days, and the convoy aver- funded interstate highway that we now hower as a lieutenant colonel taking aged 6 miles per hour. On today’s inter- know as the National Road. the convoy across the United States. state system, such a trip could be eas- There is little dispute that, as Chair- He stated that was an experience that ily completed in less than a week. man PETRI mentioned earlier, Thomas lingered in Colonel Eisenhower, Gen- During the journey, Lieutenant Colo- Harris MacDonald, chief of the Bureau eral Eisenhower, President Eisen- nel Eisenhower formed the opinion of Public Roads for 34 years, from 1919 hower’s mind as he confronted this that the United States desperately to 1953, was the visionary who devel- issue.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.015 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3811 His great thought was to tap General And the marvel is that this system The SPEAKER pro tempore. The gen- Lucius Clay to head a commission to that represents 1 percent, just a little tleman has 9 minutes remaining. take the idea of the 1944 Congress re- over 1 percent of the Nation’s total Mr. OBERSTAR. Mr. Speaker, I yield port, the MacDonald report, and work public road mileage, carries 24 percent such time as he may consume to the with the Governors again, with other of all the highway travel, 40 percent of gentleman from Oregon (Mr. DEFAZIO). interested parties, and develop a plan all travel by single-unit and combina- Mr. DEFAZIO. Mr. Speaker, I thank to finance this system. That is what tion trucks, 721 billion vehicle miles the ranking member for the time. I too the Clay Commission report did that estimated to travel annually on the rise to commemorate the 50th anniver- was really different. interstate highway system. sary, the great vision of President and It set forth a plan for a viable fund- It is the marvel of the world. Every General Dwight David Eisenhower, in ing mechanism to undertake the inter- year there are delegations from other terms of the national highway system. state highway system with an idea that countries who come here to meet with Fifty years. It is a long time. And you would have a dedicated revenue us on the Committee on Transpor- now we need to look forward to the stream so that at the beginning of the tation and Infrastructure to ask how next half of the first century of the na- project planners could see their way to did you do it? How did you finance it? tional highway system, and that is the end of that project. How do you keep it going? How do you going to constitute quite a challenge. That was what truly launched the keep it in good shape? It is an engi- We, just after some lengthy struggle, interstate highway construction pro- neering marvel of the world. finally reauthorized the highway program. My predecessor, John Blatnik, Washington, President Washington, gram with SAFETEA–LU last summer. who served in this body for 28 years on General Washington’s original version But what we see looming before us is the Committee on Public Works and of a national road has now been ful- a system that is starting to show its was its chairman for 4 years, was one filled. age. The cracked bridge problem in Or- of the five House co-authors. It was Mr. Speaker, I reserve the balance of egon, failing bridges that were con- largely the House of Representatives my time. structed actually with 1950s tech- Mr. PETRI. Mr. Speaker, I yield 2 that drove this issue forward. nology, just before we moved to minutes to the gentleman from Kansas I remember many discussions with prestressed concrete, the cast-in-place (Mr. MORAN). Mr. Blatnik talking about the discus- bridges, and other places around the Mr. MORAN of Kansas. Mr. Speaker, sions that went late into the evenings country. The system is showing its age, I thank the gentleman from Wisconsin and about how to finance the inter- the wear and tear, it is showing in for yielding me time. state highway system. places that it is not up to the task of President Eisenhower’s Secretary of Mr. Speaker, I rise in support of the current traffic volumes, and we need to the Treasury favored a bonding pro- resolution. I thank the gentleman from look to the future of this great artery gram, which would have greatly en- Michigan for his remarks. My par- of commerce and transportation and riched Wall Street investors, but the ticular interest in this legislation, in recreation transport for Americans, House held out for an egalitarian tax honoring the interstate transportation daily commutes to work, to long trips that everybody would pay, calling it a system, is the gentleman that has been to far-away places within this wonder- fee, a fee to build the interstate high- mentioned in both remarks, and that is ful country. way system. President Eisenhower, a fellow Kansan, And that fee started out to be 3 and that historic moment on June 29, And that is a challenge that the cents, a fuel excise tax. But after one 1956, when our President initiated the chairman of the committee has begun year of experience with the 3-cent tax, interstate highway system, is one that to address with hearings to look at they realized this was not going to be we memorialize in Kansas. We are very what the future sources of funding will enough and came back the following much a transportation-dependent be to meet even greater demands than year, in 1957, and passed 1 additional State. We are land-locked in the mid- the initial construction of this system. cent, an increase in that fee. That dle of the country and roads and high- So I rise today both to commemorate passed this body, if you can imagine it, ways that lead elsewhere are lawfully the 50th anniversary and the vision- on a voice vote. We can hardly pass important to us, particularly in the aries who gave us this great system, anything on a voice vote today. But sense of commerce and moving indus- and to join with my colleagues here that was done in those days, because trial goods and agricultural commod- who I know will be part of the solution there was a need to move ahead. ities to market. about how it is going to be celebrated The original authorization was for a But President Eisenhower, in his life yet another 50 years from today as still system of 42,500 miles and today, as Mr. and his involvement in the interstate an essential artery for commerce and PETRI already said, it is 46,876 miles. system, is memorialized in Abilene, transportation in the United States, You have to keep asking the Highway Kansas, his hometown, at the Eisen- because visionaries in this and some Administration how many more miles hower Center where photographs of the near subsequent Congresses recognized have been added because some continue interstate construction are on display. the need to continue to invest, reinvest to creep in as designated segments of Mr. Speaker, I rise this afternoon and enhance the system. the interstate. just to again remark about this re- Mr. PETRI. Mr. Speaker, I yield 2 But the States responded imme- markable individual, this former gen- minutes to the gentleman from New diately. Eisenhower signed the bill into eral, this former President of the Jersey (Mr. GARRETT). law June 29, 1956. By September, United States, who had the foresight as Mr. GARRETT of New Jersey. Mr. projects were under construction, be- a military leader and commander to Speaker, I thank the chairman for the cause the States were ready. They bring the country together in regard to work on this legislation today and for knew they had to move ahead quickly. a transportation system that is so im- making note of the anniversary of the They knew we needed this system of di- portant to us today. interstate highway system, and as we vided, access-controlled, inter- So as a Kansan, I am here to pay also honor the work of our past Presi- connecting highways that would theo- tribute not only to the interstate sys- dent Eisenhower for his work to make retically allow you to travel from coast tem, but to President Dwight D. Eisen- sure that we bear the fruits of the sys- to coast or from border to border with- hower. I thank the committee and the tem 50 years later. out a traffic light. gentleman for yielding me the time The 50th anniversary, we come here Now, of course today that is not pos- and for bringing this occasion to the today on, but perhaps at this time it is sible, but the principle of coast to House floor today. I urge my colleagues appropriate also that standing on his coast and border to border travel was to support this historic occurrence shoulders we could do what he would realized with the interstate highway that matters so much to Kansas and like to see at this point in time as we system. We now have invested $128.9 Americans in 2006, 50 years later. move forward to the second half of that billion, the Federal Government in Mr. OBERSTAR. Mr. Speaker, can I century to build upon what he has al- partnership with the States, the Fed- inquire how much time is remaining on ready done, to create a new system as eral share an estimated $114.3 billion. our side? we honor his work of the past.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.041 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3812 CONGRESSIONAL RECORD — HOUSE June 13, 2006 You know, this new system would be that has meant so much to this Nation, and am very much opposed to toll sys- one in which we return some of the au- particularly because our roads, our tems. They will not be a sustained pro- thority that we have now assumed on ports, our airports are all the heart of gram. Toll roads, toll bridges would the Federal level back to the States to our infrastructure and allow us to do not have brought us the interstate give them more discretion, basically to the business of our country. The busi- highway system that we have, we enjoy maximize the resources that are out ness of our country is commerce. today that was a marvel of the indus- there to create that great transpor- The current state of our interstate, I trial world. tation system that we have in this am sad to rise on the 50th anniversary We need to sustain the highway trust country today. We could do that by re- and say that it is in disrepair. We fund, keep it a user-based system, and turning primary transportation au- heard Mr. DEFAZIO talk about it, but its inherent genius is that it never has thority and responsibility and taxing we are congested from the Atlantic to nor can it or ever will it run a deficit. authority back to the States. the Pacific, from sea to shining sea. In contrast, the surplus funds in the What would this do? This would free Our interstate needs cry out for help. highway trust fund for many years, State transportation dollars from the We need new financing. We need new from 1968 through 1998, were used to fi- Federal micromanagement that we projects and partnerships to move the nance, to cover up deficits and finance have seen in the past and other budg- business of this country on our inter- other activities of the Federal Govern- etary pressures as well. It would let state highways that are clogged. ment. We must not allow that to recur, people back at the States, people who We do have two problems. One is fi- although it has. actually use these roads and bridges nancing. We are looking, instead of a There is a surplus built up where the and tunnels and what have you, to help trillion-dollar system that might have trust fund is being used to overshadow make the decisions to decide when, been proposed in 1954, trillions of dol- parts of the deficit. We must continue how and where and how they are going lars in infrastructure. The other thing this sustained financing, self-sup- to finance them. They would make the is regulatory reform. These projects porting financing mechanism that does decisions in the future how they would get bogged down in delay. We need to not run a deficit, that is user-based, finance it, they would make the deci- speed up that process which in time that is broad-based, that is egalitarian sions how they would be regulated. can also have costs attached to it. in its application. You know, Mr. Speaker, I say in con- So we need a vision like Richard For President Eisenhower, I would clusion on this that we can honor this Nixon proposed to the Governors asso- say history should and has already President who was indeed a great ciation in Lake George in 1954. We need judged him very warmly, not only for President for what he did for this coun- the vision of Dwight David Eisenhower, his military leadership, but for what he try, but you know he was a greater a conservative Republican President has done for infrastructure and his support, not just passing, but from per- general for all that he did for this who proposed an interstate system sonal experience of the interstate high- country as well. And as a general he which now links one end of this coun- way system, which we have already knew that sometimes the best deci- try and all corners of this Nation to- discussed. But he signed into law the sions were made by those field com- gether. manders who were in the field. And I Again, this is important, not just legislation establishing the St. Law- rence Seaway, providing for the U.S. would just suggest to you, Mr. Speak- looking at the past, but looking at the partnership in Canada in opening the er, that now is the time to allow the future and building on what we have fourth sea coast of the United States, States to assume command. inherited and the significant milestone Mr. PETRI. Mr. Speaker, I yield 4 and creation of the FAA from the old and anniversary in the history of our minutes to the gentleman from Florida Civil Aeronautics Authority, the first- interstate system. ever construction funding to help build (Mr. MICA). Mr. OBERSTAR. Mr. Speaker, I yield Mr. MICA. Mr. Speaker and my col- runways to accommodate the Jet Age myself such time as I may consume. leagues, first of all I want to thank the Mr. Speaker, what was unique about in 1958, which was just dawning upon chairman of our Highway Sub- America. and continues to be unique about the committee and the ranking member for We didn’t know what to do with this interstate highway system is the Fed- their leadership and taking time to new-type civilian aircraft, but we knew eral-State partnership that I ref- recognize our interstate system. It is and engineers knew that they had to erenced earlier, not public-private fi- one of our most important Federal as- have better runways, better taxiways, nancing, not bond financing, as was sets, particularly as we pay tribute better terminals. President Eisenhower proposed by Eisenhower’s Secretary of now to the 50th anniversary of our understood that and signed into law Treasury and rejected by this House of interstate system founded in 1956. You the legislation not only to create the Representatives, but a shared partner- have heard some references to Presi- Federal Aviation Administration and ship, shared in financing 90 percent dent Eisenhower and his vision, a con- the old CAA, but also funding for the Federal, 10 percent State, shared in de- servative Republican President in 1956. construction of the needed high-quality And actually some of the history of signing the route structure and the runways to accommodate the Jet Age. the idea and really the push for an system to connect cities of 50,000 or His legacy is really remarkable when interstate system was delivered by greater population throughout this we think back in perspective of what Vice President Nixon on July 12, 1954. country, and to vastly enhance safety. was needed to build the base of Amer- What we are hearing since enactment ica, build our economic strength b 1345 of SAFETEA–LU that took the Federal through our transportation infrastruc- Vice President Nixon was sent to the highway program to new financing, ture. What we celebrate in this legisla- National Governors Conference in Lake $286.3 billion, is worry about avail- tion today is the accomplishment of George in New York, where the Gov- ability of funds for the future and the that interstate highway system. It is a ernors had assembled. At that con- surface transportation subcommittee, golden anniversary. As my colleague ference, in 1954, is where he proposed to under the leadership of the gentleman from Oregon, Mr. DEFAZIO, said, I am all the Governors on behalf of Presi- from Wisconsin, has held several very looking forward to the next 50 years, dent Eisenhower an interstate system. thoughtful, productive, in-depth hear- provided there is enough fuel to get us Now, you have to put this in perspec- ings on how not only the interstate, there. tive, folks, because the Federal budget but how the total national highway I join with my good friend and col- was $71 billion in 1954, and he was pro- system will be financed in the coming league from the State of Wisconsin posing what would be probably a half a years. (Mr. PETRI). His leadership on the sub- trillion dollar system and infrastruc- We also directed a commission to be committee of surface transportation ture project in that day. I am sure established in the enactment of has been superb in asking all Members there must have been a couple of peo- SAFETEA–LU to evaluate financing to join in support of this legislation ple who said, that is going to be a high- plans and to report back to the Con- honoring the 50th anniversary of the way to nowhere. gress on financing. interstate highway program. But, again, that is the kind of vision, I am not enamored of public-private Mr. Speaker, I yield back the balance that is the kind of foresight leadership financing issues. I am not enamored of my time.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.043 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3813 Mr. PETRI. Mr. Speaker, I yield my- A motion to reconsider was laid on (4) encourages active involvement of fa- self such time as I may consume. the table. thers in the rearing and development of their Mr. Speaker, just to conclude and children, including the devotion of time, en- f build on the remarks of the dean of our ergy, and resources. committee, Mr. OBERSTAR, we are cele- SUPPORTING RESPONSIBLE FA- The SPEAKER pro tempore. Pursu- brating the 50th anniversary of a re- THERHOOD, PROMOTING MAR- ant to the rule, the gentleman from markable thing, a generation of Ameri- RIAGE, AND ENCOURAGING Nebraska (Mr. OSBORNE) and the gen- cans, some have said the Greatest Gen- GREATER INVOLVEMENT OF FA- tleman from Illinois (Mr. DAVIS) each eration, that thought not just of itself, THERS IN THE LIVES OF THEIR will control 20 minutes. but of its country and its future and in- CHILDREN, ESPECIALLY ON FA- The Chair recognizes the gentleman vested in the future. THER’S DAY from Nebraska. They were not borrowing against ex- Mr. OSBORNE. Mr. Speaker, I move GENERAL LEAVE isting assets, against existing assets to suspend the rules and agree to the Mr. OSBORNE. Mr. Speaker, I ask for current expenses. Instead, they resolution (H. Res. 318) supporting re- unanimous consent that all Members were taxing themselves or paying fees sponsible fatherhood, promoting mar- may have 5 legislative days in which to themselves to build for the future to riage, and encouraging greater involve- revise and extend their remarks on H. create a greater, productive enterprise ment of fathers in the lives of their Res. 318. here in the United States, one symbol children, especially on Father’s Day, as The SPEAKER pro tempore. Is there of that, of what we are celebrating amended. objection to the request of the gen- today, the 50th anniversary of the The Clerk read as follows: tleman from Nebraska? interstate highway system, the envy of There was no objection. H. RES. 318 the world, the backbone of the strong- Mr. OSBORNE. Mr. Speaker, I yield est economy in the world. Whereas married fathers are more likely to myself such time as I may consume. have a close, enduring relationship with I had the opportunity, as a much Mr. Speaker, I rise in strong support their children than unmarried fathers; of H. Res. 318, and I would like to con- younger person, to meet Dwight Eisen- Whereas according to a 1996 Gallup poll, hower on several occasions. I got out of 90.3 percent of Americans agree that fathers gratulate Representative SULLIVAN on school when I was in fourth grade to go make a unique contribution to their chil- this resolution. The upcoming celebra- down to the railway station in Fond du dren’s lives; tion of Father’s Day is time to reflect Lac, Wisconsin, one of the last whistle- Whereas in a study of fathers’ interaction on the role that fathers play in the de- stop campaign trips, and again once with their children in intact two-parent fam- velopment of our children and the sta- while in high school. These groups ilies, nearly 90 percent of the fathers sur- bility of our families, and an ever-in- veyed said that being a father is the most come from all over the country to visit creasing amount of research supports fulfilling role a man can have; what common sense has told us all their legislators and so on. I was with Whereas a broad array of the Nation’s lead- a group about to meet President Eisen- ing family and child development experts along, that fathers are essential for hower in the Rose Garden in the White agree that it is in the best interests of chil- children’s development. House. dren and the Nation as a whole to encourage Unfortunately, far too many children But in those days Presidents would more two-parent families where the father is today are growing up without the pres- often, not only Eisenhower, address the actively involved with his children; ence of their father, with 24 million country. Not because there was some Whereas promoting responsible fatherhood children in our country, approximately great crisis, but because they were al- can help increase the chances that children one-third of all American children, liv- will grow up with two caring parents; ing apart from their biological fathers. ways trying to rally people to a con- Whereas children with fathers at home structive cause. I remember him often tend to do better in school, to be less prone Even more alarming, 40 percent of speaking and saying as a former gen- to emotional and behavioral problems, and those children, with absent fathers, eral who had known war that the true to have more successful relationships; have not even seen their fathers in the strength of a country was not em- Whereas boys and girls alike demonstrate last year. Given what we know about bodied just in its army, though mili- greater self-control and ability to take ini- the importance of fathers for children, tary, though that was a part of it; the tiative when fathers are actively involved in this statistic is truly alarming. true strength of a country was the their upbringing; In my previous profession, I saw Whereas children who are apart from their firsthand the increase in fatherlessness moral fiber of its people and the pro- biological fathers are, in comparison to ductive capacity of its economy. other children, 5 times more likely to live in and witnessed this devastating effect If those were tended to, you could al- poverty, and more likely to bring weapons on the young men I worked with. I was ways build military strength out of and drugs into the classroom, commit other excited to receive a call one day from that. But if you relied solely on mili- crimes, drop out of school, commit suicide, one of my player’s fathers who wanted tary strength, you would have a hollow abuse alcohol or drugs, or become pregnant to reestablish contact with his son strength and would not have the sus- as teenagers; after many years’ absence. tainability that the strong economy Whereas the promotion of responsible fa- I was really excited and went and therhood should not denigrate the standing and character of the people could profound the player, told him his dad had or parenting efforts of single mothers, whose called. I knew that he hadn’t seen him vide to face any threat. efforts are heroic, lessen the protection of Part of that strength is our inter- children from abusive parents, cause women for 15 or 20 years. So I told him about state highway system. He led us to to remain in, or enter into, abusive relation- this call. I remember the player saying build it. It is our job to sustain and to ships, or compromise the health or safety of this: he said, you know he really didn’t renew it in future generations and, as a a custodial parent; and care about me when I was little, and part of that, to commemorate its great Whereas Father’s Day is the third Sunday now he only wants to see me because I contribution and success through this in June: Now, therefore, be it am doing well in football. The player resolution. I urge all Members to join Resolved, That the House of Representa- didn’t even call his father back after 20 tives— years. So fatherlessness has become us in supporting it. (1) commends the millions of fathers who Mr. Speaker, I yield back the balance serve as wonderful, caring parents for their very real to me because of those expe- of my time. children; riences. The SPEAKER pro tempore. The (2) calls on fathers across the Nation to use Research performed by the National question is on the motion offered by Father’s Day to reconnect and rededicate Fatherhood Initiative has indicated the gentleman from Wisconsin (Mr. themselves to their children’s lives, to spend that children, both boys and girls with PETRI) that the House suspend the Father’s Day with their children, and to ex- involved loving fathers, are more like- rules and agree to the concurrent reso- press their love and support for their chil- ly to do well in school, have healthy dren; self-esteem and avoid high-risk behav- lution, H. Con. Res. 372. (3) urges men to understand the level of re- The question was taken; and (two- sponsibility fathering a child requires, espe- iors. But just as the presence of a lov- thirds having voted in favor thereof) cially in the encouragement of the moral, ing father has positive overwhelming the rules were suspended and the con- academic, and spiritual development of chil- effects on a child, the lack of a father current resolution was agreed to. dren; and carries extremely negative effects.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.045 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3814 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Children who live absent their fathers high, and there are many other social ber of this body, Governor Rod are two to three times more likely to and economic factors which have led to Blagojevich, for establishing a father- use drugs, experience behavioral prob- a reduction in the leadership of fami- hood council for the State and appoint- lems, be victims of abuse, and engage lies by two adults. There are more sin- ing Attorney Levin to be the chairman in criminal behavior. gle family homes and more and more of that. absence of fathers from the lives of So we know that in addition to en- b 1400 children. couraging fathers to be involved that A few years ago, a greeting card com- I have observed these trends for a we need to do more than that. We need pany offered free cards to inmates from number of years and, therefore, rise in to facilitate involvement by promoting a prison to send to mothers on Moth- strong support of H. Res. 318, a bill sup- male involvement in Head Start and er’s Day. Nearly all the prisoners took porting responsible fatherhood, pro- other early childhood education pro- the offer and sent cards to their moth- moting marriage and encouraging grams, by supporting Little League ers. So the greeting card company was greater involvement of fathers in the and other programs and encouraging somewhat encouraged by the success lives of their children, especially on fathers to be an integral part of those. and they decided that they would then Father’s Day. So I commend the gentleman for in- make the same offer when Father’s As we express our support for respon- troducing this legislation, express Day came around. They offered free sible fatherhood, we should not forget strong support for it. cards to send to fathers on Father’s one key aspect of being a responsible Mr. Speaker, I reserve the balance of Day, and they had zero takers. There father, regular financial contributions. my time. was no one in that prison who wanted Many low-income, noncustodial par- Mr. OSBORNE. Mr. Speaker, I yield 4 to send a card to his father on Father’s ents are barely able to support them- minutes to the gentleman from Okla- Day, which is a real indictment, I selves, let alone their children. For ex- homa (Mr. SULLIVAN), the author of think, of the situation in regard to ample, as many as one-quarter of non- this resolution. fatherlessness of those who end up in custodial fathers have incomes below Mr. SULLIVAN. Mr. Speaker, I would prison. the poverty line. Moreover, they gen- like to thank my colleague and friend It is also important for fathers to fos- erally experience multiple barriers to from Nebraska (Mr. OSBORNE) for his ter close, caring relationships with employment, including limited work work on this. It has been great, and as their children. Additional research experience, no high school diplomas, no we anticipate the celebration of Fa- from the National Fatherhood Initia- college degrees, criminal histories, ther’s Day this weekend, I am proud to tive suggests that adolescents are less transportation restrictions and sub- have introduced H. Res. 318, which sup- likely to smoke, drink or use drugs if stance abuse, which really means that ports responsible fatherhood, promotes they have a close relationship with they have problems and need help with marriage and encourages greater in- their father, and adolescents in intact those problems. volvement of fathers in the lives of families are also less likely to be nega- The multiple barriers to employment their children. Three of my four children are in tively influenced by their peers or en- coupled with child support enforcement Washington with me this week, and I gage in delinquent behavior. rules that are ill-matched to meet the find it very fitting that they are here So what can be done to improve the needs of low-income, noncustodial par- to share in the passage of this resolu- state of fatherhood? Perhaps the sim- ents often present major disincentives tion. Being a father is one of the great- plest answer can be found in a sound to work or incentives to work in the est blessings in my life. I love my job, marriage. It is the basic social contract informal or underground economy, making this population incredibly dif- but I look forward to the end of the between parents that provides the opti- week when I can head back home to mal environment for raising children. ficult to recruit and serve within existing fatherhood programs. Tulsa and to be with my family. Research by the Fatherhood Initia- My children Tommy, Meredith, Syd- tive says that the concept of marriage Given the widely understood and acknowledged benefits of an actively in- ney and Daniel are my number one pri- is well-supported in America. In fact, ority, and I strive every day to show nearly 90 percent of survey respondents volved father in the lives of children, we would see that more children have them they are important. I would like disagreed with the statement that mar- self-control and are less likely to be to take this opportunity to remind all riage is old-fashioned and outmoded. found within the penal system. From fathers, including myself, to spend Clearly, there is support for the idea of research, we have observed that 63 per- extra quality time with their children marriage among Americans, yet at the cent of suicides, 71 percent of pregnant on Father’s Day and to continue to do same time half of all first marriages in teens, and 90 percent of homeless run- so throughout the year. our country end in divorce. This is away children are from homes without I introduced this resolution not only linked to the stability of our families, a father. to honor fathers but to call attention indicating that we must work harder Children who develop relationships to the importance of the job. The role to make sure that marriage and father- with their fathers are more likely to that fathers play in the development of hood is encourage and supported in our develop healthy adult relationships and our youth cannot be understated. society. to feel secure regarding who they are. According to findings by the Na- I would just say, Mr. Speaker, in con- A father’s presence in a child’s life is a tional Fatherhood Initiative, which cluding my opening remarks, that from powerful deterrent to delinquency. have been reiterated already, the closer my perspective, working with young We should work together to remove adolescents feel to their fathers regard- people for over 36 years, the greatest barriers from employment that affect less of the type of family structure in crisis, the greatest threat facing our noncustodial parents and in many in- which they live, the less likely it is country today is not problems with the stances prevent them from assuming a that they will engage in the use of economy, is not al Qaeda, but it is sim- supportive role in the lives of their drugs or delinquent behavior. Involved ply father absence. If we could undo children, and we have to find ways to and proactive fathers help to shape that extreme difficulty with our soci- facilitate their involvement. confident and productive future citi- ety, we would solve probably 80, 90 per- I have been pleased to work for the zens. cent of our social problems in our last several years with a noted attor- So as we honor fathers on Father’s country. ney, Jeffrey Levin, who has written a Day we should also encourage men to So I strongly support H. Res. 318 and book about father’s rights and respon- evaluate their own participation in urge its passage. sibilities, and every year before Fa- their children’s lives, because you can Mr. Speaker, I reserve the balance of ther’s Day we convene a full day of ac- never be too involved. my time. tivities, seminars, discussions, pro- It is also important to note that this Mr. DAVIS of Illinois. Mr. Speaker, I grams that are designed to help fathers bill includes language recognizing the yield myself such time as I might con- find the way to come back into or re- outstanding efforts of single mothers, sume. connect with their children. grandparents and other caretakers. Mr. Speaker, marriage rates are I also want to commend the Governor Their efforts are heroic and should be down, divorce is up, unemployment is of the State of Illinois, a former Mem- applauded.

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.047 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3815 As a cochair of the Fatherhood Cau- I thank the gentleman for bringing b 1415 cus, as a father and as a concerned cit- this resolution to the floor. I urge all izen, I ask my colleagues to promote members to support it. ANNOUNCEMENT BY THE SPEAKER responsible fatherhood and support H. Mr. MCKEON. Mr. Speaker, today I rise in PRO TEMPORE Res. 318. strong support of H. Res. 318 to encourage The SPEAKER pro tempore. Pursu- Mr. DAVIS of Illinois. Mr. Speaker, I responsible fatherhood. As we recognize fa- ant to clause 8 of rule XX, proceedings don’t believe that I have any other re- thers across the country and in celebration of will resume on questions previously quests for time. Father’s Day, we honor caring, involved fa- postponed. Again, I simply want to commend thers and hearten other men to also hold their Votes will be taken in the following Mr. SULLIVAN for his introduction of children and the family unit in the highest re- order: this legislation, and I believe that was gard. Adoption of H. Res. 862, by the yeas probably one of his sons on the floor Numerous studies conducted throughout the and nays; with him, and I can imagine how he years have continued to underscore the funda- Suspending the rules and passing feels, and that ought to be an example mental role fathers play in a family and high- H.R. 4894, by the yeas and nays; for other fathers throughout America light the positive effects they have on children. Suspending the rules and agreeing to and throughout the world to recognize I want to encourage men who are not already H. Res. 318, by the yeas and nays. the tremendous value of providing the doing so to take the responsibility of father- The first electronic vote will be con- kind of love, affection and involvement hood seriously and to understand that there ducted as a 15-minute vote. Remaining in the lives of children that they re- are considerable consequences to broken- electronic votes will be conducted as 5- ceive from responsible fathers. families where there is no male role model for minute votes. Mr. Speaker, I yield back the balance the children. f of my time. Children in father-absent homes have a Mr. OSBORNE. Mr. Speaker, I yield 1 tendency to live in poverty, use drugs, commit WAIVING REQUIREMENT OF minute to the gentleman from Penn- crimes, drop out of school, and in the case of CLAUSE 6(a) OF RULE XIII WITH sylvania (Mr. PITTS). young women—become pregnant as teen- RESPECT TO CONSIDERATION OF Mr. PITTS. Mr. Speaker, I rise today agers. Conversely, children in homes with fa- CERTAIN RESOLUTIONS in strong support of this resolution. thers who are dependable and active tend to The SPEAKER pro tempore. The We often hear about deadbeat and de- do better in school, are less prone to depres- pending business is the vote on adop- linquent dads. So it is easy to forget sion and demonstrate the ability to form more tion of House Resolution 862, on which the millions of dads across America successful relationships. who are striving to be good husbands the yeas and nays are ordered. The role of a father is one to be celebrated. The Clerk read the title of the resolu- and positive role models for their kids. A father provides safety, security, love, and Today, we recognize those dads and tion. support. Children inherently covet and require the tremendous importance of pro- The SPEAKER pro tempore. The these qualities as they mature into young moting fatherhood in America. There question is on the resolution. adults, and they deserve the opportunity to is no denying the invaluable role that a The vote was taken by electronic de- prosper and learn in a stable home. father plays in a child’s life. vice, and there were—yeas 221, nays Fathers who dedicate their time, energy, According to research from the Na- 194, not voting 17, as follows: and resources to their children harvest the re- tional Fatherhood Initiative, children [Roll No. 258] wards of their efforts as they watch their chil- with involved and loving fathers have a dren become productive citizens. A father or YEAS—221 significant advantage in life. They tend male-guardian who is committed and depend- Aderholt Dent Hostettler to perform better in school, have a able acts also as a mentor—leading by exam- Akin Diaz-Balart, L. Hulshof healthy self-esteem, exhibit positive Alexander Diaz-Balart, M. Hunter ple and demonstrating the standards by which social behavior, and avoid drug use and Bachus Doolittle Hyde we expect young people to live. Baker Drake Inglis (SC) other criminal activity. Mr. Speaker, as we approach Father’s Day, Barrett (SC) Dreier Issa But this kind of statistical research Bartlett (MD) Duncan Istook really just affirms what we already I would like to commend the millions of fathers Bass Ehlers Jenkins know to be true: Fatherhood is impor- who already serve as wonderful parents for Beauprez Emerson Jindal their children, and I ask my colleagues to also Biggert English (PA) Johnson (CT) tant. A loving father plays an integral Bilbray Everett Johnson (IL) role in the family, and healthy families support this resolution for the improvement Bilirakis Feeney Johnson, Sam are the foundation for a healthy soci- and encouragement of other men nationwide. Bishop (UT) Ferguson Keller Mr. OSBORNE. Mr. Speaker, I would Blackburn Fitzpatrick (PA) Kelly ety. Blunt Flake Kennedy (MN) like to thank Mr. DAVIS for his partici- This resolution acknowledges that Boehlert Foley King (IA) fact, Mr. Speaker, and it is worthy of pation. It seems like we often are in- Boehner Forbes King (NY) our consideration and adoption today. I volved in these kinds of issues to- Bonilla Fortenberry Kingston gether. Bonner Fossella Kirk commend the gentleman, Mr. SUL- Bono Foxx Kline LIVAN, for his leadership on the issue I have no further requests for time, Boozman Franks (AZ) Knollenberg and urge support for the resolution. and I yield back the balance of my Boustany Frelinghuysen Kolbe time. Bradley (NH) Gallegly Kuhl (NY) Mr. OSBORNE. Mr. Speaker, I yield 1 Brady (TX) Garrett (NJ) LaHood minute to the gentleman from New The SPEAKER pro tempore (Mr. Brown (SC) Gerlach Latham York (Mr. MCNULTY). MURPHY). The question is on the mo- Brown-Waite, Gibbons LaTourette Mr. MCNULTY. Mr. Speaker, I thank tion offered by the gentleman from Ne- Ginny Gilchrest Leach Burgess Gillmor braska (Mr. OSBORNE) that the House Lewis (CA) the gentleman for yielding, and I rise Burton (IN) Gingrey Lewis (KY) in support of the resolution. I want to suspend the rules and agree to the reso- Buyer Gohmert Linder echo what others have said about the lution, H. Res. 318, as amended. Calvert Goode LoBiondo The question was taken. Camp (MI) Goodlatte Lucas importance of family. Campbell (CA) Granger Lungren, Daniel When we talk about priorities, we The SPEAKER pro tempore. In the Cannon Graves E. have a long list and wide range of opinion of the Chair, two-thirds of Cantor Green (WI) Mack them. I think it is critically important those present have voted in the affirm- Capito Gutierrez Marchant Carter Gutknecht McCaul (TX) to keep family first. ative. Castle Hall McCotter I enthusiastically support the resolu- Mr. OSBORNE. Mr. Speaker, on that Chocola Harris McCrery tion, and I want to say how much our I demand the yeas and nays. Coble Hart McHenry The yeas and nays were ordered. Cole (OK) Hastings (WA) McHugh children, Nancy’s and mine, Michele, Conaway Hayes McKeon Angela, Nancy and Maria, mean to us; The SPEAKER pro tempore. Pursu- Crenshaw Hayworth McMorris and how much our five grandchildren ant to clause 8 of rule XX and the Cubin Hefley Mica mean to us, Teigin, Elijah, Lola, Chair’s prior announcement, further Culberson Hensarling Miller (FL) Davis (KY) Herger Miller, Gary Morgyn and Daniel. They are the light proceedings on this question will be Davis, Jo Ann Hobson Moran (KS) of our lives. postponed. Davis, Tom Hoekstra Murphy

VerDate Aug 31 2005 01:45 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.049 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3816 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Musgrave Renzi Sullivan Kennedy (RI) Nussle Reichert Goode Maloney Royce Myrick Reynolds Sweeney Lewis (GA) Owens Sessions Goodlatte Marchant Ruppersberger Neugebauer Rogers (AL) Tancredo Manzullo Payne Strickland Gordon Markey Rush Ney Rogers (KY) Taylor (NC) Miller (MI) Ramstad Granger Marshall Ryan (OH) Northup Rogers (MI) Terry Graves Matheson Ryan (WI) Norwood Rohrabacher Thomas b 1441 Green (WI) Matsui Ryun (KS) Nunes Ros-Lehtinen Thornberry Messrs. GONZALEZ, AL GREEN of Green, Al McCarthy Sabo Osborne Royce Tiahrt Green, Gene McCaul (TX) Salazar Otter Ryan (WI) Tiberi Texas, MCGOVERN, HIGGINS, and Grijalva McCollum (MN) Sa´ nchez, Linda Oxley Ryun (KS) Turner Mrs. JONES of Ohio changed their vote Gutierrez McCotter T. Pastor Saxton Gutknecht McCrery Sanchez, Loretta Pearce Schmidt Upton from ‘‘yea’’ to ‘‘nay.’’ Hall McDermott Pence Schwarz (MI) Walden (OR) AMP Sanders Mr. W changed his vote from Harman McGovern Peterson (PA) Sensenbrenner Walsh Saxton ‘‘nay’’ to ‘‘yea.’’ Harris McHenry Petri Shadegg Wamp Schakowsky Pickering Shaw Weldon (FL) So the resolution was agreed to. Hart McHugh Schiff Pitts Shays Weldon (PA) The result of the vote was announced Hastings (FL) McIntyre Schmidt Platts Sherwood Weller as above recorded. Hastings (WA) McKeon Schwartz (PA) Hayes McKinney Poe Shimkus Westmoreland A motion to reconsider was laid on Schwarz (MI) Pombo Shuster Whitfield Hayworth McMorris Scott (GA) Porter Simmons Wicker the table. Hefley McNulty Scott (VA) Price (GA) Simpson Wilson (NM) Hensarling Meehan Sensenbrenner f Pryce (OH) Smith (NJ) Wilson (SC) Herger Meek (FL) Serrano Putnam Smith (TX) Wolf Herseth Meeks (NY) Shadegg Radanovich Sodrel Young (AK) PROVIDING FOR CERTAIN ACCESS Higgins Melancon Shaw Regula Souder Young (FL) TO NATIONAL CRIME INFORMA- Hinchey Mica Shays Rehberg Stearns TION DATABASES Hinojosa Michaud Sherman Hobson Millender- Sherwood NAYS—194 The SPEAKER pro tempore. The Hoekstra McDonald Shimkus Abercrombie Green, Al Napolitano pending business is the question of sus- Holden Miller (FL) Shuster Ackerman Green, Gene Neal (MA) pending the rules and passing the bill, Holt Miller (NC) Simmons Honda Miller, Gary Allen Grijalva Oberstar H.R. 4894, as amended. Simpson Andrews Harman Obey Hooley Miller, George Skelton Baca Hastings (FL) Olver The Clerk read the title of the bill. Hostettler Mollohan Slaughter Baird Herseth Ortiz The SPEAKER pro tempore. The Hoyer Moore (KS) Smith (NJ) Baldwin Higgins Pallone question is on the motion offered by Hulshof Moore (WI) Smith (TX) Barrow Hinchey Pascrell Moran (KS) the gentleman from Wisconsin (Mr. Hunter Smith (WA) Bean Hinojosa Paul Hyde Moran (VA) Snyder Becerra Holden Pelosi SENSENBRENNER) that the House sus- Inglis (SC) Murphy Sodrel Berman Holt Peterson (MN) pend the rules and pass the bill, H.R. Inslee Murtha Solis Berry Honda Pomeroy Israel Musgrave Souder Bishop (GA) Hooley Price (NC) 4894, as amended, on which the yeas Issa Myrick Spratt Bishop (NY) Hoyer Rahall and nays are ordered. Istook Nadler Stark Blumenauer Inslee Rangel This will be a 5-minute vote. Jackson (IL) Napolitano Boren Israel Reyes Stearns The vote was taken by electronic de- Jackson-Lee Neal (MA) Stupak Boswell Jackson (IL) Ross (TX) Neugebauer Boucher Jackson-Lee Rothman vice, and there were—yeas 415, nays 1, Sullivan Jefferson Ney Sweeney Boyd (TX) Roybal-Allard not voting 16, as follows: Jenkins Northup Brady (PA) Jefferson Ruppersberger Tancredo [Roll No. 259] Jindal Norwood Brown (OH) Johnson, E. B. Rush Tanner Johnson (CT) Nunes Brown, Corrine Jones (NC) Ryan (OH) YEAS—415 Tauscher Johnson (IL) Oberstar Butterfield Jones (OH) Sabo Taylor (MS) Abercrombie Brown-Waite, DeFazio Johnson, E. B. Obey Capps Kanjorski Salazar Taylor (NC) Ackerman Ginny DeGette Johnson, Sam Olver Capuano Kaptur Sa´ nchez, Linda Terry Aderholt Burgess Delahunt Jones (NC) Ortiz Cardin Kildee T. Thomas Akin Burton (IN) Dent Jones (OH) Osborne Cardoza Kilpatrick (MI) Sanchez, Loretta Thompson (CA) Alexander Butterfield Diaz-Balart, L. Kanjorski Otter Carnahan Kind Sanders Thompson (MS) Allen Buyer Diaz-Balart, M. Kaptur Owens Carson Kucinich Schakowsky Thornberry Andrews Calvert Dicks Keller Oxley Case Langevin Schiff Tiahrt Baca Camp (MI) Dingell Kelly Pallone Chabot Lantos Schwartz (PA) Tiberi Bachus Campbell (CA) Doggett Kennedy (MN) Pascrell Chandler Larsen (WA) Scott (GA) Cannon Doolittle Tierney Baird Kildee Pastor Clay Larson (CT) Scott (VA) Cantor Doyle Towns Baker Kilpatrick (MI) Pearce Cleaver Lee Serrano Capito Drake Baldwin Kind Pelosi Turner Clyburn Levin Sherman Capps Dreier Barrett (SC) King (IA) Pence Udall (CO) Cooper Lipinski Skelton Capuano Duncan Barrow King (NY) Peterson (MN) Udall (NM) Costa Lofgren, Zoe Slaughter Cardin Edwards Bartlett (MD) Peterson (PA) Upton Costello Lowey Smith (WA) Cardoza Kingston Bass Ehlers Van Hollen Cramer Lynch Snyder Carnahan Emanuel Kirk Petri Bean Vela´ zquez Crowley Maloney Solis Carson Emerson Kline Pickering Beauprez Visclosky Cuellar Markey Spratt Carter Engel Knollenberg Pitts Becerra Walden (OR) Cummings Marshall Stark Case English (PA) Kolbe Platts Berman Walsh Davis (AL) Matheson Stupak Castle Eshoo Kucinich Poe Berry Wamp Davis (CA) Matsui Tanner Chabot Etheridge Kuhl (NY) Pombo Wasserman Davis (FL) McCarthy Tauscher Biggert Chandler Everett LaHood Pomeroy Schultz Davis (IL) McCollum (MN) Taylor (MS) Bilbray Chocola Farr Langevin Porter Waters Davis (TN) McDermott Thompson (CA) Bilirakis Clay Fattah Lantos Price (GA) DeFazio McGovern Thompson (MS) Bishop (GA) Cleaver Feeney Larsen (WA) Price (NC) Watson DeGette McIntyre Tierney Bishop (NY) Clyburn Ferguson Larson (CT) Pryce (OH) Watt Delahunt McKinney Towns Bishop (UT) Coble Filner Latham Putnam Waxman Dicks McNulty Udall (CO) Blackburn Cole (OK) Fitzpatrick (PA) LaTourette Radanovich Weiner Dingell Meehan Udall (NM) Blumenauer Conaway Flake Leach Rahall Weldon (FL) Doggett Meek (FL) Van Hollen Blunt Cooper Foley Lee Rangel Weldon (PA) ´ Doyle Meeks (NY) Velazquez Boehlert Costa Forbes Levin Regula Weller Edwards Melancon Visclosky Boehner Costello Ford Lewis (CA) Rehberg Westmoreland Emanuel Michaud Wasserman Bonilla Cramer Fortenberry Lewis (KY) Renzi Wexler Engel Millender- Schultz Bonner Crenshaw Fossella Linder Reyes Whitfield Eshoo McDonald Waters Bono Crowley Foxx Lipinski Reynolds Wicker Etheridge Miller (NC) Watson Boozman Cubin Frank (MA) LoBiondo Rogers (AL) Wilson (NM) Farr Miller, George Watt Boren Cuellar Franks (AZ) Lofgren, Zoe Rogers (KY) Wilson (SC) Fattah Mollohan Waxman Boswell Culberson Frelinghuysen Rogers (MI) Wolf Filner Moore (KS) Weiner Lowey Boucher Cummings Gallegly Lucas Rohrabacher Woolsey Ford Moore (WI) Wexler Boustany Davis (AL) Garrett (NJ) Frank (MA) Moran (VA) Woolsey Lungren, Daniel Ros-Lehtinen Wu Boyd Davis (CA) Gerlach E. Ross Wynn Gonzalez Murtha Wu Bradley (NH) Davis (FL) Gibbons Gordon Nadler Wynn Lynch Rothman Young (AK) Brady (PA) Davis (IL) Gilchrest Mack Roybal-Allard Young (FL) Brady (TX) Davis (KY) Gillmor NOT VOTING—17 Brown (OH) Davis (TN) Gingrey NAYS—1 Barton (TX) Conyers DeLauro Brown (SC) Davis, Jo Ann Gohmert Berkley Deal (GA) Evans Brown, Corrine Davis, Tom Gonzalez Paul

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.016 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3817 NOT VOTING—16 Doggett Kilpatrick (MI) Poe Weldon (PA) Wicker Wu Doolittle Kind Pombo Weller Wilson (NM) Wynn Barton (TX) Kennedy (RI) Ramstad Doyle King (IA) Pomeroy Westmoreland Wilson (SC) Young (AK) Berkley Lewis (GA) Reichert Drake King (NY) Porter Wexler Wolf Conyers Manzullo Young (FL) Sessions Dreier Kingston Price (GA) Whitfield Woolsey Deal (GA) Miller (MI) Strickland Duncan Kirk Price (NC) DeLauro Nussle Edwards Kline Pryce (OH) ANSWERED ‘‘PRESENT’’—8 Evans Payne Ehlers Knollenberg Putnam Capuano Lofgren, Zoe Stark ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Emanuel Kolbe Radanovich Honda McDermott Tierney Emerson Kucinich Rahall Lee Miller, George The SPEAKER pro tempore (during Engel Kuhl (NY) Ramstad the vote). Members are advised that English (PA) LaHood Rangel NOT VOTING—17 there are 2 minutes remaining in this Eshoo Langevin Regula Barton (TX) Kennedy (RI) Reichert vote. Etheridge Lantos Rehberg Berkley Lewis (GA) Sessions Everett Larsen (WA) Renzi Conyers Manzullo Slaughter b 1450 Farr Larson (CT) Reyes Deal (GA) Miller (MI) Strickland Fattah Latham Reynolds DeLauro Nussle Waters So (two-thirds of those voting having Feeney LaTourette Rogers (AL) Evans Payne responded in the affirmative) the rules Ferguson Leach Rogers (KY) Filner Levin Rogers (MI) b 1502 were suspended and the bill, as amend- Fitzpatrick (PA) Lewis (CA) Rohrabacher ed, was passed. Flake Lewis (KY) Ros-Lehtinen So (two-thirds of those voting having The result of the vote was announced Foley Linder Ross responded in the affirmative) the rules as above recorded. Forbes Lipinski Rothman were suspended and the resolution, as Ford LoBiondo Roybal-Allard amended, was agreed to. A motion to reconsider was laid on Fortenberry Lowey Royce the table. Fossella Lucas Ruppersberger The result of the vote was announced Foxx Lungren, Daniel Rush as above recorded. f Frank (MA) E. Ryan (OH) A motion to reconsider was laid on Franks (AZ) Lynch Ryan (WI) the table. SUPPORTING RESPONSIBLE FA- Frelinghuysen Mack Ryun (KS) THERHOOD, PROMOTING MAR- Gallegly Maloney Sabo f RIAGE, AND ENCOURAGING Garrett (NJ) Marchant Salazar GREATER INVOLVEMENT OF FA- Gerlach Markey Sa´ nchez, Linda PERSONAL EXPLANATION Gibbons Marshall T. THERS IN THE LIVES OF THEIR Gilchrest Matheson Sanchez, Loretta Mr. REICHERT. Mr. Speaker, on June 13, CHILDREN, ESPECIALLY ON FA- Gillmor Matsui Sanders 2006, I missed the following rollcall votes: THER’S DAY Gingrey McCarthy Saxton 1. Rollcall vote No. 259, H.R. 4894: To pro- Gohmert McCaul (TX) Schakowsky The SPEAKER pro tempore. The Gonzalez McCollum (MN) Schiff vide for certain access to national crime infor- pending business is the question of sus- Goode McCotter Schmidt mation databases by schools and educational pending the rules and agreeing to the Goodlatte McCrery Schwartz (PA) agencies for employment purposes. Gordon McGovern Schwarz (MI) 2. Rollcall vote No. 260, H. Res. 318: Sup- resolution, H. Res. 318, as amended. Granger McHenry Scott (GA) The Clerk read the title of the resolu- Graves McHugh Scott (VA) porting responsible fatherhood, promoting tion. Green (WI) McIntyre Sensenbrenner marriage, and encouraging greater involve- Green, Al McKeon Serrano ment of fathers in the lives of their children, The SPEAKER pro tempore. The Green, Gene McKinney Shadegg question is on the motion offered by Grijalva McMorris Shaw especially on Father’s Day. the gentleman from Nebraska (Mr. Gutierrez McNulty Shays Had I been present, I would have voted OSBORNE) that the House suspend the Gutknecht Meehan Sherman ‘‘yea’’ to rollcall vote No. 259, and ‘‘yea’’ to Hall Meek (FL) Sherwood rollcall vote No. 260. rules and agree to the resolution, H. Harman Meeks (NY) Shimkus Res. 318, as amended, on which the yeas Harris Melancon Shuster f and nays are ordered. Hart Mica Simmons REMOVAL OF NAME OF MEMBER This will be a 5-minute vote. Hastings (FL) Michaud Simpson Hastings (WA) Millender- Skelton AS COSPONSOR OF H.R. 2048 The vote was taken by electronic de- Hayes McDonald Smith (NJ) vice, and there were—yeas 407, nays 0, Hayworth Miller (FL) Smith (TX) Ms. SOLIS. Mr. Speaker, I ask unani- answered ‘‘present’’ 8, not voting 17, as Hefley Miller (NC) Smith (WA) mous consent that my name be with- Hensarling Miller, Gary Snyder drawn as a cosponsor of H.R. 2048, the follows: Herger Mollohan Sodrel [Roll No. 260] Herseth Moore (KS) Solis Motor Vehicles Owners’ Right to Re- Higgins Moore (WI) Souder YEAS—407 pair Act. Hinchey Moran (KS) Spratt The SPEAKER pro tempore. Is there Abercrombie Bono Chandler Hinojosa Moran (VA) Stearns Ackerman Boozman Chocola Hobson Murphy Stupak objection to the request of the gentle- Aderholt Boren Clay Hoekstra Murtha Sullivan woman from California? Akin Boswell Cleaver Holden Musgrave Sweeney There was no objection. Alexander Boucher Clyburn Holt Myrick Tancredo Allen Boustany Coble Hooley Nadler Tanner f Andrews Boyd Cole (OK) Hostettler Napolitano Tauscher Baca Bradley (NH) Conaway Hoyer Neal (MA) Taylor (MS) REPORT ON RESOLUTION PRO- Bachus Brady (PA) Cooper Hulshof Neugebauer Taylor (NC) VIDING FOR CONSIDERATION OF Baird Brady (TX) Costa Hunter Ney Terry H.R. 5576, TRANSPORTATION, Baker Brown (OH) Costello Hyde Northup Thomas Baldwin Brown (SC) Cramer Inglis (SC) Norwood Thompson (CA) TREASURY, HOUSING AND Barrett (SC) Brown, Corrine Crenshaw Inslee Nunes Thompson (MS) URBAN DEVELOPMENT, THE JU- Barrow Brown-Waite, Crowley Israel Oberstar Thornberry DICIARY, THE DISTRICT OF CO- Bartlett (MD) Ginny Cubin Issa Obey Tiahrt Bass Burgess Cuellar Istook Olver Tiberi LUMBIA AND INDEPENDENT Bean Burton (IN) Culberson Jackson (IL) Ortiz Towns AGENCIES APPROPRIATIONS Beauprez Butterfield Cummings Jackson-Lee Osborne Turner ACT, 2007 Becerra Buyer Davis (AL) (TX) Otter Udall (CO) Berman Calvert Davis (CA) Jefferson Owens Udall (NM) Mr. LINCOLN DIAZ-BALART of Berry Camp (MI) Davis (FL) Jenkins Oxley Upton Florida, from the Committee on Rules, Biggert Campbell (CA) Davis (IL) Jindal Pallone Van Hollen submitted a privileged report (Rept. Bilbray Cannon Davis (KY) Johnson (CT) Pascrell Vela´ zquez Bilirakis Cantor Davis (TN) Johnson (IL) Pastor Visclosky No. 109–501) on the resolution (H. Res. Bishop (GA) Capito Davis, Jo Ann Johnson, E. B. Paul Walden (OR) 865) providing for consideration of the Bishop (NY) Capps Davis, Tom Johnson, Sam Pearce Walsh bill (H.R. 5576) making appropriations Bishop (UT) Cardin DeFazio Jones (NC) Pelosi Wamp Blackburn Cardoza DeGette Jones (OH) Pence Wasserman for the Departments of Transportation, Blumenauer Carnahan Delahunt Kanjorski Peterson (MN) Schultz Treasury, and Housing and Urban De- Blunt Carson Dent Kaptur Peterson (PA) Watson velopment, the Judiciary, District of Boehlert Carter Diaz-Balart, L. Keller Petri Watt Columbia, and independent agencies Boehner Case Diaz-Balart, M. Kelly Pickering Waxman Bonilla Castle Dicks Kennedy (MN) Pitts Weiner for the fiscal year ending September 30, Bonner Chabot Dingell Kildee Platts Weldon (FL) 2007, and for other purposes, which was

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.017 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3818 CONGRESSIONAL RECORD — HOUSE June 13, 2006 referred to the House Calendar and or- has caused it to be printed in the portion of Federal Aviation Administration, an dered to be printed. the Congressional Record designated for that increase of $1.4 billion. Included in that purpose in clause 8 of rule XVIII. Amend- f amount is $16 million to hire and train ments so printed shall be considered as read. 132 new air traffic controllers. That is PERMISSION TO REDUCE TIME When the committee rises and reports the vitally important as air traffic control- FOR ELECTRONIC VOTING DUR- bill back to the House with a recommenda- lers begin to retire and yet air traffic ING CONSIDERATION OF H.R. 5576, tion that the bill do pass, the previous question shall be considered as ordered on the continues to grow. This is essential, for TRANSPORTATION, TREASURY, bill and amendments thereto to final passage example, in my district, which is the HOUSING AND URBAN DEVELOP- without intervening motion except one mo- home of Miami National Airport, the MENT, THE JUDICIARY, THE DIS- tion to recommit with or without instruc- third largest international airport in TRICT OF COLUMBIA AND INDE- tions. the country. Without an increase in PENDENT AGENCIES APPROPRIA- The SPEAKER pro tempore. The gen- the number of air traffic controllers, TIONS ACT, 2007 tleman from Florida (Mr. LINCOLN Miami International would not be able Mr. BOEHNER. Mr. Speaker, I ask DIAZ-BALART) is recognized for 1 hour. to continue its projected growth and unanimous consent that, during con- Mr. LINCOLN DIAZ-BALART of continue to serve as the Hub of the Florida. Mr. Speaker, for the purpose sideration of H.R. 5576 pursuant to Americas. House Resolution 865, the Chair may of debate only, I yield the customary 30 The Department of Housing and reduce to 2 minutes the minimum time minutes to the gentleman from Florida Urban Development is funded at $35 bil- for electronic voting under clause 6 of (Mr. HASTINGS), pending which I yield lion, an increase of $1.7 billion. These rule XVIII and clause 9 of rule XX. myself such time as I may consume. funds will permit the Department to During consideration of this resolu- The SPEAKER pro tempore. Is there administer programs and assist the tion, all time yielded is for the purpose objection to the request of the gen- public with their housing needs, eco- tleman from Ohio? of debate only. (Mr. LINCOLN DIAZ-BALART of nomic and community development There was no objection. Florida asked and was given permis- and fair housing opportunities. Under f sion to revise and extend his remarks.) HUD the bill includes funding for such PROVIDING FOR CONSIDERATION Mr. LINCOLN DIAZ-BALART of important programs as Tenant Based OF H.R. 5576, TRANSPORTATION, Florida. Mr. Speaker, the rule provides Rental Assistance, also known as sec- TREASURY, HOUSING AND 1 hour of general debate evenly divided tion 8, and project-based rental assist- URBAN DEVELOPMENT, THE JU- and controlled by the chairman and ance. These two programs serve almost DICIARY, THE DISTRICT OF CO- ranking minority member of the Com- 3.5 million households with vouchers LUMBIA AND INDEPENDENT mittee on Appropriations. It also pro- and project-based housing. The bill in- AGENCIES APPROPRIATIONS vides one motion to recommit, with or cludes over $21 billion in funds for the ACT, 2007 without instructions. program, an increase of over $800 mil- I would like to take a moment to re- lion. Mr. LINCOLN DIAZ-BALART of iterate that we bring this rule forward H.R. 5576 provides $6.1 billion for the Florida. Mr. Speaker, by direction of under an open rule. Historically, appro- Federal Judiciary, an increase, Mr. the Committee on Rules, I call up priations legislation has come to the Speaker, of almost 6 percent. This House Resolution 865 and ask for its House governed by open rules, and we funding will enable the courts to effec- immediate consideration. continue to do so in order to allow each tively process priority criminal, civil, The Clerk read the resolution, as fol- and every Member of the House the op- and bankruptcy cases. lows: portunity to submit amendments for This legislation was introduced by H. RES. 865 consideration as long as they comply Chairman JOE KNOLLENBERG and re- Resolved, That at any time after the adop- with the rules of the House. ported out of the Appropriations Com- tion of this resolution the Speaker may, pur- The legislation that we bring to the mittee on June 6 by a voice vote. It is suant to clause 2(b) of rule XVIII, declare the floor today appropriates over $67 bil- good legislation, essential to our con- House resolved into the Committee of the lion for the Departments of Transpor- tinued commitment to the security and Whole House on the state of the Union for tation, Treasury, and Housing and safety of all citizens and residents of consideration of the bill (H.R. 5576) making appropriations for the Departments of Trans- Urban Development, the Judiciary, the the United States; and we bring it portation, Treasury, and Housing and Urban District of Columbia, and independent forth, as I stated before, under a fair Development, the Judiciary, District of Co- agencies, an increase of 6 percent over and open rule. lumbia, and independent agencies for the fis- last year. And yet the bill is fiscally I would like to thank Chairman cal year ending September 30, 2007, and for sound. It also represents our commit- KNOLLENBERG and Ranking Member other purposes. The first reading of the bill ment to provide the necessary re- OLVER for their leadership on this im- shall be dispensed with. All points of order sources for programs and projects portant issue. I urge my colleagues to against consideration of the bill are waived. across the Nation ranging from trans- support both the rule and the under- General debate shall be confined to the bill lying legislation. and shall not exceed one hour equally di- portation to housing, the judiciary, the vided and controlled by the chairman and executive office of the President, and Mr. Speaker, I reserve the balance of ranking minority member of the Committee the District of Columbia. my time. on Appropriations. After general debate the The Nation’s transportation infra- Mr. HASTINGS of Florida. Mr. bill shall be considered for amendment under structure is the backbone of the econ- Speaker, I yield myself such time as I the five-minute rule. Points of order against omy. Its continued strength is essen- may consume. provisions in the bill for failure to comply tial to foster economic growth, and the Mr. Speaker, I thank the gentleman with clause 2 of rule XXI are waived except bill that we bring to the floor today en- from Florida, my good friend, Rep- as follows: beginning with ‘‘to’’ on age 5, line sures that we have a reliable and stable resentative DIAZ-BALART, for yielding 23 through the comma on line 24; beginning me time. And I rise today in opposition with the colon on page 6, line 22 through transportation infrastructure, that we ‘‘year’’ on line 26; beginning with ‘‘for’’ on continue to do so, so that the economy to this rule and with great concern and page 13, line 1 through ‘‘Code’’ on line 6; be- can continue to grow. reservation about the Transportation, ginning with the colon on page 13, line 17 The bill includes $39.1 billion in funds Treasury, Housing and Urban Develop- through ‘‘expended’’ on line 25; and sections for our highway system, representing ment Appropriations bill for fiscal year 120, 127, 129, 206, 530, 707, and 931. Where an increase of $3.5 billion. Included in 2007. points of order are waived against part of a the bill is $900 million for Amtrak. It While the underlying legislation is a paragraph, points of order against language includes significant financial and man- significant improvement over Presi- in another part of such paragraph may be agement reforms. In addition, the DOT dent Bush’s proposed budget, I am made only against such other part and not deeply troubled that Republicans con- against the entire paragraph. During consid- Inspector General is required to report eration of the bill for amendment, the Chair- back regularly to Congress on Am- tinue to use their inability to manage man of the Committee of the Whole may ac- trak’s progress on financial reforms. the fiscal needs of our country as a cord priority in recognition on the basis of The bill that we bring to the floor convenient scapegoat for underfunding whether the Member offering an amendment also includes over $15 billion for the or completely eliminating programs of

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.058 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3819 critical importance to the neediest of back a small portion of the tax cuts to Mr. LINCOLN DIAZ-BALART of Americans. those making $1 million or more. The Florida. Mr. Speaker, I yield myself Let me say from the outset I do be- rule, however, blocks Mr. OLVER from such time as I may consume. lieve that the subcommittee, led by offering his amendment. As a result, Mr. Speaker, I simply would reiterate Chairman KNOLLENBERG and Ranking the House will never have the oppor- that the legislation we bring to the Member OLVER, did all that it could do tunity to vote on restoring funding floor today by this rule appropriates 6 with the unreasonable fiscal con- cuts to Amtrak. percent more for the Departments of straints that the majority of this body I find it so difficult to believe that we Transportation and Treasury and Hous- gave them to work with. At the same think that it is okay to have a second- ing and Urban Development, and the time, this is the eighth appropriations hand rail system in this country. That Judiciary and District of Columbia and bill for fiscal year 2007 that the House is foolish. And somehow or another we other agencies, 6 percent more than has considered; and in almost every must preserve the integrity of the last last year. single bill, the wants of the well-to-do remaining rail system of consequence And we are proud of the legislation are trumping the needs of the less for- for people in a corridor to be trans- we bring forth. I know that Chairman tunate. The underlying legislation is ported. KNOLLENBERG has worked long and following this very unfortunate trend, Finally, I intend to offer an amend- hard, as well as many of our members and its priorities are short-sighted. ment which prohibits the Federal Avia- of the Appropriations Committee on While no one single area was com- tion Administration from consoli- this legislation, to prioritize needs and pletely spared from funding cuts, the dating or eliminating Terminal Radar to bring forth as fair a piece of legisla- Department of Housing and Urban De- Control Centers, or TRACONs, at air- tion as possible. velopment and the critical public hous- ports in federally designated high With regard to the area of housing, ing assistance programs funded in this threat urban areas. the bill, as I stated before, includes important Department are, without In some places, FAA’s TRACON con- funding for important programs such solidation program is leaving entire doubt, the worst off in this bill. as the tenant-based rental assistance, Fair housing activities, the Commu- States without an approach radar sys- also known as Section 8, and as a mat- tem to coordinate and oversee ap- nity Development Financial Institu- ter of fact, the bill includes over $21 proaching air traffic in that State. In tions fund, rental assistance, the Pub- billion for the program, an increases of other instances, consolidation runs the lic Housing Capital fund, Community over $800 million from last year. risk of placing undue stress on nearby Development Block Grants, and elderly I think Chairman KNOLLENBERG has TRACONs already having to deal with housing, let me go back to that, elderly done a very good job, and he deserves larger air spaces and staffing short- housing programs, all that I just iden- our commendation, as do the other falls. members of the committee. tified are just some of the many pro- The consolidation of these centers in Mr. Speaker, I reserve the balance of grams whose budgets have been placed high risk urban areas which are al- my time. on the chopping block in this bill. ready considered to be at greater risk Mr. HASTINGS of Florida. Mr. I find it incomprehensible as to why for terrorist attack or for natural dis- Speaker, I yield myself such time as I the majority in this body continues to asters is not good policy. Do we really may consume. cut funding for public housing assist- want to limit the capacity of our air Mr. Speaker, before yielding to Mr. ance at a time when people need it traffic radar systems during national OLVER, I would just respond to my most. Do my colleagues realize that it emergencies, especially if Congress can friend who brags about a 6 percent in- costs much less to keep someone in a do something about it? home or apartment than it does to put I hope that my colleagues will sup- crease. He and I have districts that are a roof over their head once they have port my amendment later today. Case very close to each other, we adjoin become homeless? in point. In West Palm Beach, Florida, each other, but we evidently live in dif- I ask: Where is Congress’s commit- what we find is that one is being con- ferent sections of south Florida where ment to keeping people in their homes? solidated into Miami. And if that whole fair housing programs are being cut in Where is our commitment to helping radar system goes down, when we have this program, with a 2.2 percent reduc- those most in need? If we are com- a natural hurricane disaster, as is al- tion. mitted to them, then we certainly have ways the potential, then we do not Community development financial 1 a weird way of showing it around here. have, if the Miami system goes down, assistance, a cut of $15 ⁄2 million; ten- Later today, Representative AL the backup of the West Palm Beach ant-based rental assistance program GREEN and I are going to offer an radar system. Mr. Speaker, I find it that you just talked about, my good amendment to restore funding for fair very difficult to believe that FAA does friend from Florida, is funded at $14.3 housing activities at HUD. I am hope- not understand that. billion. You say that is a great in- ful that the House will approve our Mr. Speaker, in my 14 years in the crease. Guess what the administration amendment along with others who House, I have been fond of saying that requested? $100 million more that they would seek to restore funding for sec- the budget and appropriations bills did not get. tion 8 vouchers, rural housing pro- present Congress with the opportunity Project-based rental assistance is cut grams, and the HOPE VI program, to outline its priorities. The under- $200 million. Cost-share requirement which is completely eliminated in this lying transportation appropriations for HUD earmark, the bill requires that bill. bill provides the American people with HUD earmarks in the bill is subject to a 40 percent cost sharing. Rural hous- b 1515 the grim reality that the majority in this body would rather cut the taxes of ing received a cut. Public housing cap- Additionally, the underlying legisla- those of us in our society who are bet- ital fund, $261 million, 10 percent below tion cuts Amtrak’s funding next year ter off financially, they would rather for fiscal year 2006. by more than one-third to a level that cut our taxes than pay for housing as- How in the world can you all make is barely half of what Amtrak has iden- sistance programs which benefit the increases out of cuts, when in fact peo- tified to continue operating at its cur- less fortunate in our country. ple are hurting and need adequate rent level. This is not political rhetoric, as some housing? Yesterday in the Rules Committee, on the other side of the aisle may sug- Mr. Speaker, I yield 6 minutes to the the subcommittee’s ranking Democrat, gest today. On the contrary, it is the distinguished gentleman from Massa- my good friend, Representative OLVER, obvious and very real fiscal mess which chusetts (Mr. OLVER). asked that his amendment restoring we have all brought upon ourselves. Mr. OLVER. I thank the gentleman $400 million in Amtrak funding cuts be How we get out of this mess will be up from Florida for yielding me the time. made in order under the rule. to the American people in just a few Mr. Speaker, once again, I am going Why did he need a waiver? Because short months. I urge my colleagues to to dwell upon what my Member from unlike other amendments that will be oppose this rule. the Rules Committee has already spo- offered today, Mr. OLVER’s amendment Mr. Speaker, I reserve the balance of ken about. The majority of the House would have paid for itself by rolling my time. shows its true priorities.

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.060 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3820 CONGRESSIONAL RECORD — HOUSE June 13, 2006 The rule that we have before us for housing for the elderly and housing difficult challenge that the committee today does not make in order my for the disabled, which with what is has faced. I look forward to full and amendment that reflects some very im- provided in the bill would bring the vigorous debate. portant national priorities. My amend- total for that pair of accounts to less I would just call attention to one element would have added a badly needed than 1 percent above the enacted level ment here on page 77, where the com- $1.7 billion to the bill. Specifically it of 3 years ago, and this at a time when mittee expresses its reservations about would have provided increases for the all of the demographic studies show using land use and economic develop- following programs: First, $400 million that the average age of our population ment as measures for new starts in for Amtrak, which would bring total is rising steadily, and our over-80 elder terms of transit projects; and I would funding to $1.3 billion, just barely population represents the fastest grow- respectfully suggest that we need to above last year’s $1.294 billion, and ing cohort. have a serious conversation with the allow Amtrak to continue to provide Seventh, $30 million increase for the committee and staff, because they are national intercity passenger rail serv- CDFI program, which has been enor- sort of missing the boat in terms of ice. mously successful in leveraging, by at what we did laboriously in the trans- Remember that the Transportation, least 20–1, additional private invest- portation and infrastructure com- Treasury, HUD bill proposes a $900 mil- ment in underserved communities. $40 mittee for the last 2 years. There are 84 lion amount for Amtrak, which is million is appropriated for the CDFI communities around the country that below, $394 million below the 2006 en- fund, and while the subcommittee bill are interested in streetcars under the acted, which would at least require is an improvement over the President’s Small Starts Program to be able to substantial cuts in service provided, request, it is still a 25 percent cut from move forward in something that isn’t and probably in routes, the termi- the 2006 enacted number. as expensive as light rail or heavy rail. nation of routes in order to manage to Eighth, there was a $30 million The whole reason communities are get through the year. And without that amount for the rural housing and eco- interested is because it has very power- money, they would have no chance of nomic development program that is ze- ful economic development impact, and dealing with the huge backlog of infra- roed out in the bill before us. My it can prevent congestion in the first structure improvements that affect re- amendment was fully offset by a 4.11 place because it encourages develop- liability and safety of the system. percent reduction to the tax cuts for ment along that streetcar line. The Second, the amendment would have individuals making over $1 million an- streetcar line can be built quickly, provided a $636 million increase for nually. That represents a $4,700 on av- cheaply; and it prevents people from public housing operating fund. That is erage cut from the $114,000-plus tax cut having to move out to vast stretches of the level of funding of $3.56 billion that for those millionaire individuals. the countryside and then come in. is already there, but that account The chairman of the subcommittee I would hope that we would be able to funds the operating costs that exceed had faced difficult choices in this bill. work with the subcommittee to be able the rents that the public housing au- The President’s budget was inadequate to give them examples of what is hap- thorities may legally collect, and pro- in many respects, and left holes that pening around the country and why vides for major operating costs, includ- had to be filled. The chairman did his people in Chicago and Charlotte are ining building maintenance, utilities and best to provide a fair allocation of terested in what has already happened services for residents. money within the amount assigned to in my community in Portland, Oregon. Remember that public housing au- the subcommittee, and in spite of the The subcommittee’s suggestion that thorities operate in every single con- chairman’s creativity, many problems somehow this money come from HUD gressional district in the country and still remain because of the majority community block grant funding is a serve the lowest income elderly people, party’s decision to make tax cuts to little off base because my under- for the most part, in that process. And the wealthiest 1 percent their number standing is those monies aren’t sup- the President’s request, according to one priority. The majority party would posed to be for transportation. The HUD’s figures, only provide 85 percent rather help those that do not need help streetcar program, the Small Starts of the authorities’ operating require- than those that do. My amendment Program, is very definitely transpor- ment. would have corrected some of this im- tation, very definitely transit; and it Third, the amendment would have balance. enables us to avoid some of that con- provided a $261 million increase for the I urge all of my colleagues to put our gestion in the first place. public housing capital fund, which is national priorities first and oppose this I look forward to a conversation with funded in the bill at 10 percent below rule. the committee at a later date. fiscal year 2006. Funding for this has Mr. LINCOLN DIAZ-BALART of declined steadily since 2001 when $3 bil- Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield myself Florida. Mr. Speaker, we have no fur- lion was provided, and there is a $20 such time as I may consume. billion backlog in public housing cap- ther speakers on this side of the aisle, Mr. Speaker, I simply reiterate that and I reserve the balance of my time. ital repair needs, which really goes to we bring this legislation forth with an Mr. HASTINGS of Florida. Mr. the backlog of modernization, rehabili- open rule, which means that any Mem- Speaker, I yield 2 minutes to the gen- tation and replacement of housing ber of the House who has an idea for tleman from Utah (Mr. MATHESON). units. more funding for one program, less Mr. MATHESON. Mr. Speaker, I rise Fourth, $144 million was provided in funding for another, they can bring today to ask my colleagues to oppose my amendment for tenant-based forth any amendment as long as they the previous question. I do not think it voucher programs, which just would re- obviously follow the rules of the House. store funding levels to the President’s So we are bringing forth this appro- is appropriate to let this bill go request in the President’s budget for priations bill with an open rule, we through without an up-or-down vote on this year. look forward to debate. We think it is whether or not Congress should have Fifth, $100 million was provided in good legislation. an increase in its own pay. my amendment for the HOPE VI pro- Mr. Speaker, I reserve the balance of The effect of this legislation is that gram for revitalization of public hous- my time. is exactly what is going to happen. ing. The bill before us provides no fund- Here we are in a circumstance where ing for HOPE VI. This is the fourth b 1530 we continue to swim in a lake of red year in a row that the administration Mr. HASTINGS of Florida. Mr. ink, $8 trillion now. Our debt is above has proposed eliminating the program, Speaker, I yield 2 minutes to the dis- that now. and it is zeroed out in the committee tinguished gentleman from Oregon (Mr. We just voted on a $94 billion supple- bill before us as the program for revi- BLUMENAUER), my good friend and mental earlier today. I don’t think it is talizing severely distressed public classmate. appropriate to have this cost increase, housing. Mr. BLUMENAUER. Mr. Speaker, I this increase in salary for Members of Sixth, there was a total of $89 million will be brief. I appreciate the gentle- Congress go through without an up-or- provided for increases in construction man’s courtesy; and I agree, this is a down vote. That is why I encourage my

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.062 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3821 colleagues to oppose the previous ques- English (PA) Larsen (WA) Rohrabacher Miller (NC) Porter Shimkus tion, because a ‘‘no’’ vote on the pre- Eshoo Larson (CT) Ros-Lehtinen Moore (KS) Price (NC) Shuster Everett LaTourette Rothman Moran (KS) Rahall Simmons vious question will give Members the Farr Lee Roybal-Allard Murphy Ramstad Snyder opportunity to vote up or down on the Fattah Levin Ruppersberger Napolitano Renzi Sodrel automatic cost-of-living pay raise for Feeney Lewis (CA) Rush Neugebauer Rogers (KY) Spratt Northup Rogers (MI) Stearns Members of Congress. Ferguson Linder Sabo Foley Lipinski Sa´ nchez, Linda Norwood Ross Stupak If the previous question is defeated, I Fortenberry Lowey T. Obey Royce Tanner will offer an amendment to this rule. Frank (MA) Lucas Sanchez, Loretta Osborne Ryan (OH) Taylor (MS) My amendment will block the fiscal Franks (AZ) Lungren, Daniel Saxton Otter Ryan (WI) Taylor (NC) Frelinghuysen E. Schakowsky Paul Ryun (KS) Tierney year 2007 cost-of-living pay raise for Gallegly Mack Schmidt Pearce Salazar Towns Members of Congress. I urge my col- Garrett (NJ) Marchant Scott (VA) Peterson (MN) Sanders Udall (CO) leagues to vote ‘‘no’’ on the previous Gilchrest Markey Serrano Peterson (PA) Schiff Udall (NM) Gillmor Matsui Shadegg Petri Schwartz (PA) Van Hollen question so that we can have a debate Pickering Schwarz (MI) Walden (OR) Gohmert McCarthy Shaw Pitts Scott (GA) Wamp and vote on this issue in the light of Gonzalez McCotter Sherman Platts Sensenbrenner Westmoreland day. Goodlatte McCrery Simpson Granger McDermott Poe Shays Whitfield Skelton Mr. LINCOLN DIAZ-BALART of Graves McGovern Pomeroy Sherwood Wu Slaughter Florida. Mr. Speaker, I reserve the bal- Green, Al McHugh Smith (NJ) Green, Gene McKeon NOT VOTING—16 ance of my time. Smith (TX) Grijalva McNulty Mr. HASTINGS of Florida. Mr. Smith (WA) Berkley Kennedy (RI) Reichert Gutierrez Meehan Solis Boehner Lewis (GA) Sessions Speaker, I have no further speakers at Gutknecht Meek (FL) Conyers Manzullo Souder Strickland this time, and I yield back the balance Harman Meeks (NY) Deal (GA) Miller (MI) Stark Weldon (PA) Harris Millender- DeLauro Nussle of my time. Sullivan Hastings (FL) McDonald Evans Payne Sweeney Mr. LINCOLN DIAZ-BALART of Hastings (WA) Miller, Gary Florida. Mr. Speaker, again I am very Hefley Miller, George Tancredo b 1605 proud of the work of Chairman Herger Mollohan Tauscher Terry Mr. MURPHY, Mr. DUNCAN, Mrs. KNOLLENBERG and the rest of the Mem- Hinchey Moore (WI) Hinojosa Moran (VA) Thomas DRAKE, Mr. JENKINS, Mr. FLAKE, bers who have worked hard on this ap- Thompson (CA) Hobson Murtha Mrs. MALONEY, Messrs. KIND, propriation bill. We think it is a good Hoekstra Musgrave Thompson (MS) Thornberry COBLE, SHIMKUS, NORWOOD, RYAN bill. It is fair. We bring it forward to an Honda Myrick Tiahrt of Wisconsin, MILLER of Florida, open rule, which permits any germane Hostettler Nadler Hoyer Neal (MA) Tiberi PAUL, PICKERING, FOSSELLA, amendment to be introduced, dis- Turner Hunter Ney HAYES, PETERSON of Minnesota, cussed, debated by this House. Hyde Nunes Upton Vela´ zquez HENSARLING, Mrs. CAPITO, Messrs. I look forward to the debate. We are Inglis (SC) Oberstar Israel Olver Visclosky ROGERS of Kentucky, RENZI, BUR- proud of the underlying legislation as Walsh Issa Ortiz GESS, GERLACH, CARTER, DAVIS of well as the rule that we bring it forth Istook Owens Wasserman Kentucky, SCHWARZ of Michigan, with. Jackson (IL) Oxley Schultz Waters WESTMORELAND, LATHAM, and Mr. Speaker, I yield back the balance Jackson-Lee Pallone (TX) Pascrell Watson HALL changed their vote from ‘‘yea’’ of my time, and I move the previous Watt Jefferson Pastor to ‘‘nay.’’ question on the resolution. Johnson, E. B. Pelosi Waxman Mr. FATTAH, Ms. SLAUGHTER, The SPEAKER pro tempore. The Johnson, Sam Pence Weiner Jones (OH) Pombo Weldon (FL) Messrs. GENE GREEN of Texas, RAN- question is on ordering the previous Kanjorski Price (GA) Weller GEL, STARK, WAXMAN, NADLER, question. Kilpatrick (MI) Pryce (OH) Wexler OWENS, and PASTOR changed their The question was taken; and the King (IA) Putnam Wicker Wilson (NM) vote from ‘‘nay’’ to ‘‘yea.’’ Speaker pro tempore announced that King (NY) Radanovich Kingston Rangel Wilson (SC) So the previous question was ordered. the ayes appeared to have it. Wolf Kirk Regula The result of the vote was announced Mr. MATHESON. Mr. Speaker, on Kline Rehberg Woolsey as above recorded. that I demand the yeas and nays. Knollenberg Reyes Wynn Kolbe Reynolds Young (AK) The SPEAKER pro tempore (Mr. The yeas and nays were ordered. Lantos Rogers (AL) Young (FL) DANIEL E. LUNGREN of California). The The SPEAKER pro tempore. Pursu- NAYS—167 question is on the resolution. ant to clause 9 of rule XX, the Chair The question was taken; and the will reduce to 5 minutes the minimum Aderholt Davis, Jo Ann Inslee Allen DeFazio Jenkins Speaker pro tempore announced that time for electronic voting, if ordered, the ayes appeared to have it. on the question of adoption of the reso- Baird Delahunt Jindal Barrett (SC) Dent Johnson (CT) RECORDED VOTE lution. Barrow Doggett Johnson (IL) The vote was taken by electronic de- Bartlett (MD) Drake Jones (NC) Mr. HASTINGS of Florida. Mr. vice, and there were—yeas 249, nays Bean Duncan Kaptur Speaker, I demand a recorded vote. Becerra Edwards Keller 167, not voting 16, as follows: A recorded vote was ordered. Berry Emanuel Kelly The SPEAKER pro tempore. This [Roll No. 261] Bishop (NY) Emerson Kennedy (MN) Boozman Etheridge Kildee will be a 5-minute vote. YEAS—249 Boren Filner Kind The vote was taken by electronic de- Abercrombie Bonner Cooper Boswell Fitzpatrick (PA) Kucinich vice, and there were—ayes 221, noes 194, Ackerman Bono Costa Boustany Flake Kuhl (NY) Akin Boucher Costello Bradley (NH) Forbes LaHood not voting 17, as follows: Alexander Boyd Cramer Brown (OH) Ford Langevin [Roll No. 262] Andrews Brady (PA) Crenshaw Brown-Waite, Fossella Latham Baca Brady (TX) Crowley Ginny Foxx Leach AYES—221 Bachus Brown (SC) Cubin Burgess Gerlach Lewis (KY) Aderholt Boehlert Cannon Baker Brown, Corrine Culberson Capito Gibbons LoBiondo Akin Boehner Cantor Baldwin Burton (IN) Cummings Capps Gingrey Lofgren, Zoe Alexander Bonilla Capito Barton (TX) Butterfield Davis (AL) Cardoza Goode Lynch Bachus Bonner Carter Bass Buyer Davis (FL) Carnahan Gordon Maloney Baker Bono Chocola Beauprez Calvert Davis (IL) Carson Green (WI) Marshall Barrett (SC) Boozman Coble Berman Camp (MI) Davis, Tom Carter Hall Matheson Bartlett (MD) Boustany Cole (OK) Biggert Campbell (CA) DeGette Case Hart McCaul (TX) Barton (TX) Bradley (NH) Conaway Bilbray Cannon Diaz-Balart, L. Castle Hayes McCollum (MN) Bass Brown (SC) Crenshaw Bilirakis Cantor Diaz-Balart, M. Chabot Hayworth McHenry Beauprez Brown-Waite, Cubin Bishop (GA) Capuano Dicks Chandler Hensarling McIntyre Berman Ginny Culberson Bishop (UT) Cardin Dingell Chocola Herseth McKinney Biggert Burgess Davis (KY) Blackburn Clay Doolittle Coble Higgins McMorris Bilbray Burton (IN) Davis, Jo Ann Blumenauer Cleaver Doyle Cuellar Holden Melancon Bilirakis Buyer Davis, Tom Blunt Clyburn Dreier Davis (CA) Holt Mica Bishop (UT) Calvert Dent Boehlert Cole (OK) Ehlers Davis (KY) Hooley Michaud Blackburn Camp (MI) Diaz-Balart, L. Bonilla Conaway Engel Davis (TN) Hulshof Miller (FL) Blunt Campbell (CA) Diaz-Balart, M.

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.065 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3822 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Doolittle Kennedy (MN) Price (GA) Meehan Rahall Snyder TRANSPORTATION, TREASURY, Drake King (IA) Pryce (OH) Meek (FL) Ramstad Solis HOUSING AND URBAN DEVELOP- Dreier King (NY) Putnam Meeks (NY) Rangel Spratt Duncan Kingston Radanovich Melancon Reyes Stark MENT, THE JUDICIARY, THE DIS- Ehlers Kirk Regula Michaud Ross Stupak TRICT OF COLUMBIA AND INDE- Emerson Kline Rehberg Millender- Rothman Tanner PENDENT AGENCIES APPROPRIA- McDonald Roybal-Allard Tauscher English (PA) Knollenberg Renzi TIONS ACT, 2007 Everett Kolbe Reynolds Miller (NC) Ruppersberger Taylor (MS) Feeney Kuhl (NY) Rogers (AL) Miller, George Rush Thompson (CA) The SPEAKER pro tempore. Pursu- Ferguson LaHood Rogers (KY) Moore (KS) Ryan (OH) Thompson (MS) ant to House Resolution 865 and rule Foley Larsen (WA) Rogers (MI) Moore (WI) Sabo Tierney Moran (VA) Salazar Towns XVIII, the Chair declares the House in Forbes Latham Rohrabacher Fortenberry LaTourette Nadler Sa´ nchez, Linda Udall (CO) Ros-Lehtinen the Committee of the Whole House on Fossella Leach Napolitano T. Udall (NM) Royce the State of the Union for the consider- Foxx Lewis (CA) Neal (MA) Sanchez, Loretta Van Hollen Ryan (WI) Franks (AZ) Lewis (KY) Obey Sanders Vela´ zquez ation of the bill, H.R. 5576. Ryun (KS) Frelinghuysen Linder Olver Schakowsky Visclosky 1616 Gallegly Lucas Saxton Ortiz Schiff Wasserman b Schmidt Garrett (NJ) Lungren, Daniel Owens Schwartz (PA) Schultz IN THE COMMITTEE OF THE WHOLE Gerlach E. Schwarz (MI) Pallone Scott (GA) Waters Gibbons Mack Sensenbrenner Pascrell Scott (VA) Watson Accordingly, the House resolved Gilchrest Marchant Shadegg Pastor Serrano Watt itself into the Committee of the Whole Gillmor McCaul (TX) Shaw Paul Sherman Waxman House on the State of the Union for the Gingrey McCotter Shays Pelosi Simmons Weiner consideration of the bill (H.R. 5576) Gohmert McCrery Sherwood Peterson (MN) Skelton Wexler Goodlatte McDermott Shimkus Platts Slaughter Woolsey making appropriations for the Depart- Granger McHenry Shuster Price (NC) Smith (WA) Wynn ments of Transportation, Treasury, Graves McHugh Simpson NOT VOTING—17 and Housing and Urban Development, Green (WI) McKeon Smith (NJ) the Judiciary, District of Columbia, Gutknecht McMorris Smith (TX) Berkley Kennedy (RI) Reichert Hall Mica Sodrel Brady (TX) Lewis (GA) Sessions and independent agencies for the fiscal Harris Miller (FL) Souder Conyers Manzullo Strickland year ending September 30, 2007, and for Hart Miller, Gary Stearns Deal (GA) Miller (MI) Weldon (PA) other purposes, with Mr. DREIER in the Hastings (WA) Mollohan Sullivan DeLauro Nussle Wu Hayes Moran (KS) Evans Payne chair. Sweeney The Clerk read the title of the bill. Hayworth Murphy Tancredo Hefley Murtha ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Taylor (NC) The CHAIRMAN. Pursuant to the Hensarling Musgrave Terry The SPEAKER pro tempore (during rule, the bill is considered read the Herger Myrick Thomas the vote). Members are advised there Hobson Neugebauer first time. Thornberry Hoekstra Ney are 2 minutes left in this vote. The gentleman from Michigan (Mr. Tiahrt Hostettler Northup KNOLLENBERG) and the gentleman from Hulshof Norwood Tiberi b 1614 Turner Massachusetts (Mr. OLVER) each will Hunter Nunes So the resolution was agreed to. Hyde Oberstar Upton control 30 minutes. Inglis (SC) Osborne Walden (OR) The result of the vote was announced The Chair recognizes the gentleman Issa Otter Walsh as above recorded. from Michigan. Istook Oxley Wamp A motion to reconsider was laid on Weldon (FL) Mr. KNOLLENBERG. Mr. Chairman, Jefferson Pearce the table. Jenkins Pence Weller I yield myself such time as I may con- Jindal Peterson (PA) Westmoreland f sume. Johnson (CT) Petri Whitfield I am pleased to present the House Johnson (IL) Pickering Wicker PERSONAL EXPLANATION Johnson, Sam Pitts Wilson (NM) H.R. 5576, the fiscal year 2007 Transpor- Jones (NC) Poe Wilson (SC) Mr. REICHERT. Mr. Speaker, on June 13, tation-Treasury-HUD appropriations Kaptur Pombo Wolf 2006, I missed the following rollcall votes: bill, which was passed out of com- Keller Pomeroy Young (AK) (1) Rollcall No. 261, Previous Question on mittee by a voice vote on June 6. Kelly Porter Young (FL) H. Res. 865. As you know, this is only the sub- NOES—194 (2) Rollcall Vote No. 262, Adoption of H. committee’s second year with its cur- Res. 865, the Rule for H.R. 5576—Transpor- Abercrombie Crowley Hinojosa rent jurisdiction, and I believe the Ackerman Cuellar Holden tation, Treasury, Housing and Urban Develop- product before the House is worthy of Allen Cummings Holt ment, the Judiciary, the District of Columbia, strong support. It is a fiscally respon- Andrews Davis (AL) Honda and Independent Agencies Appropriations Act sible bill funding high priority pro- Baca Davis (CA) Hooley Baird Davis (FL) Hoyer for FY07. grams and eliminating Federal funds Baldwin Davis (IL) Inslee Had I been present, I would have voted for other programs that are duplicative Barrow Davis (TN) Israel ‘‘nay’’ to rollcall vote 261, and ‘‘aye’’ to rollcall or ineffective. Bean DeFazio Jackson (IL) vote 262. Becerra DeGette Jackson-Lee I am aware of a number of amend- Berry Delahunt (TX) f ments that would seek to undo these Bishop (GA) Dicks Johnson, E. B. decisions, but I want people to know PERSONAL EXPLANATION Bishop (NY) Dingell Jones (OH) we made these decisions by looking at Blumenauer Doggett Kanjorski Boren Doyle Kildee Mr. WELDON of Pennsylvania. Mr. Speaker, program performance, effectiveness Boswell Edwards Kilpatrick (MI) on rollcall No. 261 and 262, I was unavoidably and a balance of other priorities in the Boucher Emanuel Kind detained giving a speech to a policy con- bill. Boyd Engel Kucinich ference sponsored by Brookings Institute. The bill before us is at our 302(b) allo- Brady (PA) Eshoo Langevin Brown (OH) Etheridge Lantos Had I been present, I would have voted cation of $67.8 billion in BA, and pro- Brown, Corrine Farr Larson (CT) ‘‘no’’ on 261 and ‘‘aye’’ on 262. vides total budgetary resources, includ- Butterfield Fattah Lee f ing transportation obligation limita- Capps Filner Levin tions and mandatory spending of $139.7 Capuano Fitzpatrick (PA) Lipinski GENERAL LEAVE Cardin Flake LoBiondo billion, an increase of $8.5 billion over Cardoza Ford Lofgren, Zoe Mr. KNOLLENBERG. Mr. Speaker, I last year and $1 billion over the re- Carnahan Frank (MA) Lowey ask unanimous consent that all Mem- quest. Carson Gonzalez Lynch Case Goode Maloney bers may have 5 legislative days in Many of the increases over the budg- Castle Gordon Markey which to revise and extend their re- et request are due to House rule man- Chabot Green, Al Marshall marks and include extraneous material dating certain funding levels for high- Chandler Green, Gene Matheson Clay Grijalva Matsui on H.R. 5576, and that I may include ways, transit and aviation programs; Cleaver Gutierrez McCarthy tabular material on the same. restoring CDBG funding in the bill; and Clyburn Harman McCollum (MN) The SPEAKER pro tempore. Is there some scoring differences between CBO Cooper Hastings (FL) McGovern objection to the request of the gen- and OMB. Costa Herseth McIntyre Costello Higgins McKinney tleman from Michigan? Mr. Chairman, I would like to salute Cramer Hinchey McNulty There was no objection. the hard work of the subcommittee

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.022 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3823 members, both on the majority and mi- request and $63 million below last members, and the general membership nority side of the aisle. The bill before year’s enacted level. This level of fund- of the House. Where he could help, he us is the product of numerous budget ing will allow the IRS to maintain cur- resolved many of those concerns, and I hearings and thoughtful input of each rent services with some hard choices. I thank him for that. member of the subcommittee, and they should warn everyone that further cuts I also want to thank the excellent deserve to be saluted. to the IRS would severely impact their staff on both sides of the aisle for their Mr. Chairman, I also want to ac- ability to meet their mission. I also hard work on this legislation. On the knowledge the role the subcommittee’s note we took the first step to restruc- majority side, Dena Baron, the major- ranking member, the gentleman from ture the IRS accounts to more closely ity clerk, Cheryle Tucker, Jason Massachusetts, played in assembling align with their core missions, tax- Woolwine, Tom McLemore, Tammy this bill. I consider Mr. OLVER a part- payer services and enforcement. Hughes, David Napolielo, Alice Hogans ner in creating the product before you For the Judiciary, the bill provides and Peter Lee. because his input has been invaluable. sufficient funding to maintain the cur- And on the minority side, Kate I believe this bill is stronger because of rent services of the Federal Judiciary, Hallahan and Bob Bonner, and from my the input that Mr. OLVER has provided. including rent and personnel increases. staff Matt Washington and David And without much fanfare, I would For the District of Columbia, we pro- Pugach. like to give a quick overview of what vided the budget request for Federal This is only the second time this we have been able to accomplish under payments to the District for tuition as- complex bill has come to the House our allocation. sistance, court costs and school im- floor, and I appreciate the work and In transportation, we have met all of provement. We were able to fund the the long hours that each and every one the guarantees for surface transpor- Navy Yard Metro Station through of those staff members have put in. tation and safety and aviation infra- FTA’s New Starts program, and pro- I am grateful for the increase in the structure as included in SAFETEA–LU vide $1 million for the Central Library subcommittee’s outlay allocation and Vision-100. For FAA operations, we improvements. As for the District of adopted in the full Appropriations have provided funds for 132 net new Columbia’s local budget, the bill appro- Committee, but I said in the sub- controllers, plus an additional $16 mil- priates the budget and financial plan committee markup and full committee lion over the request for safety inspec- by reference, carries many of the same markup as well that the allocation to tors. general provisions of the past, and in- this subcommittee is inadequate to I realize there will be a lot of atten- cludes no new riders. meet the needs, and that is still true. tion paid to Amtrak today, tonight, We restored funding for the High In- The allocation, even as revised, forced and perhaps even tomorrow. The bill tensity Drug Trafficking Areas Pro- Chairman KNOLLENBERG and staff into provides $900 million, the same as the gram to $227 million, slightly more a struggle to plug as many holes as budget request, and $394 million below than last year. Executive Office of the they could as creatively as they could. last year’s enacted level. The bill con- President programs are funded at the In that process, several serious omis- tinues our tough stance requiring Am- sions and cuts proposed in the Presi- trak to reduce losses and achieve oper- requested levels. All in all, after much hard work and dent’s budget have been restored, nota- ational efficiencies with close super- discussion, I believe we have a bal- bly CDBG funding, essential air serv- vision by the Inspector General. ices, additionally safety inspectors I would emphasize this is not the anced bill before us. No, we didn’t fund ‘‘Amtrak’’ bill. There are a number of every program, but we did fund the under FAA, and for construction of el- priorities in this bill and any amend- higher priorities under our jurisdiction derly and disabled housing, and for ment seeking to just slash other ac- that will deliver the best results to the funding the important Navy Yard counts, accounts that everyone will most people, and that I believe is our Metro Station in our capital city. That agree cannot sustain the cuts proposed responsibility. Also, we have included was no small feat. I particularly want to commend by these amendments, is just plainly Member priorities in this bill. irresponsible. I would especially like to note that Chairman KNOLLENBERG for his The subcommittee had two priorities Member projects in this bill are less thoughtful approach to our capital to meet for HUD in 2007. First and fore- than one-third of what they were in city’s budget which is part of this bill. most was the full funding of Section 8 last year’s bill. I will repeat that: Less While the District of Columbia makes renewals. Failure to fully meet these than one-third of what they were in up only a small portion of our com- commitments would have resulted in last year’s bill, demonstrating yet bined bill, the value of the initiatives thousands of families losing their as- again the committee’s commitment to funded through this bill cannot be un- sistance and becoming homeless. We earmark reform and the fact that it is derstated, and I thank Chairman have met those needs. real. Each project was a part of the KNOLLENBERG for his commitment to Our second priority is to restore, to budget request or authorized under an ensuring no new policy riders were the maximum extent possible, the for- existing program in law, and requested placed on the District of Columbia. I mula funding for cities and towns by a Member of Congress as being im- sincerely hope that we can continue to across America through the Commu- portant to the district and the people work on striking a balance between the nity Development Block Grant. As you they represent. congressional responsibilities for the know, the administration proposed to This is a fiscally sound bill, scored District of Columbia with the desire of cut this program by $1 billion which repeatedly by CBO. There are no gim- Washingtonians to have a direct say was funded at $4.2 billion last year. I micks, no date changes, no unreal sav- with how the District is governed. am pleased to say we were able to fully ings. Mr. Chairman, I will support this bill restore funding for CDBG for fiscal Again, Mr. Chairman, this is a bal- on final passage, but if this were a con- year 2007. anced bill and I urge the Committee’s ference report I would have to oppose To achieve this, however, the com- support for it. its passage, and I want to take a few mittee had to do a broad sweep of du- Mr. Chairman, I reserve the balance minutes to examine what I believe plicative and lower priority programs of my time. drives this bill this year and in the fu- throughout the Department, including Mr. OLVER. Mr. Chairman, I yield ture. boutique programs that have typically myself such time as I may consume. Mr. Chairman, I am very concerned been funded by reducing the amounts Mr. Chairman, at the outset I want about the impact that meeting in the formula CDBG program. It is to thank the gentleman from Michigan SAFETEA–LU guarantees is having on never easy to stop funding a program and his staff for the constructive rela- other agencies and accounts in the bill. once it starts getting Federal funds, tionship we continue to build. As I believe that the transportation guar- but we have to make these decisions in Chairman KNOLLENBERG put this bill antees placed on this subcommittee by order to meet our main funding objec- together, he and his staff considered the authorizers ties the hands of this tives. concerns raised by the majority and committee from properly funding other For the IRS, the bill provides $10.5 the minority coming from sub- domestic programs included in this bill billion, $110 million below the budget committee members, full committee that are just as important.

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.072 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3824 CONGRESSIONAL RECORD — HOUSE June 13, 2006 As this bill was drafted, authorized In the letter, Mr. Chairman, Metra tation, Treasury, Housing and Urban guarantees had to be met or this bill is states that it has a package of New Development Appropriations Act for subject to a point of order. For exam- Start projects called Metra Connects fiscal year 2007 is $227 million for the ple, in FHWA the President’s budget that were authorized by SAFETEA–LU. Office of National Drug Control Pol- met all of the SAFETEA–LU guaran- The SouthEast Service and the Star icy’s High Impact Drug Trafficking tees. However, in FAA and FTA, the Line are two projects in that package Areas Program, an increase of $2.27 President’s budget was well below the that are new rail projects. Both are sig- million over last year’s enacted level; authorized level. The President’s re- nificant commuter rail projects for the is that correct? quest was $607 million below the au- northeastern Illinois region, and both Mr. KNOLLENBERG. The gentleman thorized level in the facilities and projects currently are progressing on is correct. equipment account and $950 million the same time schedule and are at below in airport improvement. In FTA, similar stages of development. During Mr. PORTER. Mr. Chairman, the Ne- the Capital Investment Grants Pro- the deliberation SAFETEA–LU bill, the vada HIDTA office has done an out- gram was $100 million below the au- Transportation and Infrastructure standing job making my State’s com- thorized level. These shortfalls come to Committee agreed that both lines munities safer. Last year alone, they a total of over $1.6 billion. The monies would move forward and be funded eq- were successful in removing $12 million being added to the subcommittee’s al- uitably. Without funding for the worth of narcotic from the streets of location allowed the chairman to bring SouthEast Service, this agreement is Nevada. While the HIDTA office is cur- these items to the guaranteed level. in jeopardy. rently funded at a baseline of 1.4 mil- I believe that the transportation I, along with the rest of the Illinois lion, rather than the 2.5 million or guarantees are strangling other agen- delegation, appreciate and would like more that the other 26 HIDTA offices cies in our bill. Without honoring the to thank the chairman for the money are funded at, in my district in south- SAFETEA guarantees, the gentleman already included for Metra’s other new ern Nevada, which sees thousands of from Michigan could have increased Star projects, and I understand that new people a month moving into the funding for several key programs in money overall is tight. area and tens of millions of visitors a this bill. For example, in HUD we could Will the chairman work with me to year, coupled with the epidemic of have used these funds for brownfields, try to fund this funding in conference? methamphetamine and other drug HOPE VI and rural housing, which Mr. KNOLLENBERG. Yes, I most cer- abuses, would the chairman agree that were all zeroed out. The additional tainly will work with the gentleman the Nevada HIDTA office funding funds could have been used to shore up from Illinois on this project. should be increased to a level more re- the underfunded public housing oper- Mr. JACKSON of Illinois. I thank the flective of the challenges the district ating fund and the public housing cap- chairman, and I look forward to work- faces? ital fund, or to add to section 8 tenant ing with him to make sure that the Mr. KNOLLENBERG. Mr. Chairman, and project-based voucher programs transportation needs of northeastern I am happy to respond. Illinois are met. which were cut below the President’s I share your concerns. And I thank NORTHEAST ILLINOIS REGIONAL, request. The items that I have listed my colleague for raising this very im- COMMUTER RAILROAD CORPORATION, are only the tip of the iceberg, and the portant issue today. He correctly process I have described can only get Chicago, IL, June 13, 2006. Chairman JOE KNOLLENBERG, points out that the bill includes $227 worse as the years go by. Appropriation Subcommittee on Transportation, million for HIDTA, the High Intensity Most of these shortfalls that I believe Treasury, Housing and Urban Development, Drug Trafficking Areas program. The must be improved are within HUD, but the Judiciary, and District of Columbia, subcommittee has funded this impor- also includes the lone transportation House Committee on Appropriations, House tant program again this year, even item that does not have the protection of Representatives, Washington, DC. though the President requested that of an authorization; namely, Amtrak. I DEAR CHAIRMAN KNOLLENBERG: I am writing to express Metra’s concern that funds the program be transferred to the De- had planned to offer an amendment to partment of Justice at a reduced level increase funding for these programs; were provided for the STAR Line but not for the SouthEast Service (SES) New Start of funding. but, unfortunately, the majority of project as part of the FY ’07 Transportation I would be happy to work with the this House has once again shown that Appropriations Bill. tax cuts for the wealthiest few in our As you know, Metra has a package of New gentleman from Nevada as this bill society are more important than hous- Start projects called Metra Connects that moves forward. We can work together ing programs for our most needy citi- were authorized in SAFETEA–LU. The to make sure that the issue of meth- zens. SouthEast Service and the STAR Line are amphetamine and other drug traf- Mr. Chairman, I am troubled by the two projects in that package that are new ficking as it relates to Nevada is forth- cuts that we have been forced to bring rail projects. Both are significant commuter rightly addressed in the final budget rail projects for the northeast Illinois region. for this account. forward. I hope that we will be able to Currently, both projects are progressing on continue to improve the bill as it the same time schedule and are at similar Mr. PORTER. Mr. Chairman, I thank moves forward in the process. We are stages of development. During the delibera- the chairman for his offer and look for- early in the process. There is much tion of the SAFETEA–LU bill, the Transpor- ward to working with him. work to be accomplished on this bill tation and Infrastructure Committee agreed Mr. OLVER. Mr. Chairman, I yield 2 between now and a final conference re- that both lines would move forward and be funded equitably. Without funding for the minutes to the gentlewoman from New port. York (Ms. VELA´ ZQUEZ) to engage in a Mr. Chairman, I yield 2 minutes to SouthEast Service, this agreement is in jeopardy. colloquy. the gentleman from Illinois (Mr. JACK- We urge the chairman to correct this in Ms. VELA´ ZQUEZ. Mr. Chairman and SON) for a colloquy with the chairman. conference. Thank you again for your sup- ranking member, some public housing b 1630 port for Metra and our New Start programs. Sincerely, authorities nationwide are feeling the Mr. JACKSON of Illinois. Mr. Chair- PHILIP A. PAGANO, crunch from several years worth of man, I rise to engage in a colloquy Executive Director. budget constraints and the New York with the gentleman from Michigan Mr. OLVER. And I can assure the City Housing Authority, the largest (Mr. KNOLLENBERG). gentleman that I too will work to try PHA in the country, is not different. Mr. Chairman, I was disappointed to to correct this inequity. NYCHA is facing a $168 million short- learn that this bill did not contain Mr. KNOLLENBERG. Mr. Chairman, fall in part because of lack of flexi- funding for the SouthEast Service Line I yield 3 minutes to the gentleman bility in how they can use the three of Metra, the Chicago area’s commuter from Nevada (Mr. PORTER). main funding streams: section 8, public rail service. I have provided the chair- Mr. PORTER. Mr. Chairman, I rise to housing operating and capital funds. man with a letter from Phil Pagano, engage the chairman in a colloquy. Limited fungibility of funding streams the executive director of Metra, which Mr. Chairman, it is my under- will go a long way in helping PHAs to I will include in the RECORD. standing that included in the Transpor- creatively address funding constraints.

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.073 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3825 Mr. Chairman, I am hopeful that as if each and every one of them only I also want to bring up in this bill the appropriations process moves for- takes 10 minutes, 5 minutes a side, we the section 8 housing choice voucher ward we can continue to discuss a solu- will be here through all of today, program. The way that the money is tion to alleviate these funding con- through all of Wednesday, through all distributed in that program needs to be straints by providing limited flexi- of Friday and perhaps into next week. fixed. They take a snapshot of 3 bility in the use of funding streams. So I would ask Members to keep that months of the expenses, rather than a Mr. KNOLLENBERG. I recognize the in mind and, if possible, to relinquish 12-month snapshot of the expenses in difficult situation that some PHAs their ability to offer conflicting or du- those section 8 housing use. Thereby, across the country are facing. Pro- plicative amendments. I think points States like mine, we lose millions of viding flexibility to housing agencies can be made without beating a dead dollars that could be helpful in families while at the same time ensuring that horse five times over. needing housing, adequate, safe clean HUD can effectively manage its pro- Mr. KNOLLENBERG. Mr. Chairman, housing. So I would hope that as we go grams is a no-cost solution that, if ad- I reserve the balance of my time. on, we take a look at that. And as I ministered properly, will ensure con- Mr. OLVER. Mr. Chairman, I yield 4 asked the chairman last year to take a tinued service to low-income families. minutes to the gentlewoman from look at our State’s, not just our However, at the same time, NYCHA Michigan (Ms. KILPATRICK), who is a State’s, but our choice house voucher and other PHAs need to make sure that member of the subcommittee. program, where we are being penalized they are taking full advantage of the Ms. KILPATRICK of Michigan. Mr. and losing money that we ought to current flexibility that exists between Chairman, I thank Chairman KNOLLEN- have because of a flawed formula. This the public housing operating and cap- BERG for your leadership, sir, Michi- does not look at the 12-month ex- ital funds. As this process continues, I gander, appreciate working with you. penses, but only the 3-month expenses. look forward to working with the gen- And to our ranking member, Mr. And I might add not the 3 months ex- tlewoman from New York. OLVER, thank you very much for work- penses that have the higher home heat- Ms. VELA´ ZQUEZ. I appreciate the ing together. As I always say, when the ing costs. Chairman’s willingness to work on this chairman and ranking members work But overall, the TTHUD bill is one issue. together, it certainly makes our sub- that can be supported. There will be Mr. OLVER. I appreciate the gentle- committee work better. amendments offered. Some of them are woman for bringing forward this issue. I rise in support of our TTHUD bill, some that I will support. Housing de- Public housing authorities and the that is Transportation, Treasury, HUD, velopment and providing assistance to families they serve are struggling. And IRS and several other agencies put to- urban America has to be strengthened. I thank the chairman for his willing- gether in an acronym we call TTHUD, I look forward to working with the ness to continue to engage in these dis- the TTHUD bill, some $67 billion bill chairman and our ranking member to cussions as we have already had part of for transit agencies, for our roads and make sure that we can build back some that discussion at an earlier stage in bridges, for our housing needs, and of these real programs that America the process. Treasury and the like. needs. This administration has no Mr. KNOLLENBERG. Mr. Chairman, I think the bill is a good bill for what urban program for development, for it is my pleasure now to yield to the we had to work with, but it is far short our schools, for our health centers; and chairman of the Appropriations Com- of the needs that America has to fund I contend as we move forward in this mittee, the gentleman from California its highway system, to fund its transit process, we must pay attention to ade- (Mr. LEWIS), for whatever time he may system, also for community develop- quate, safe, clean housing. This bill wish to consume. ment. I think housing in this bill takes falls far short. Mr. LEWIS of California. I appreciate a major hit, and it is so unfortunate. Mr. KNOLLENBERG. Mr. Chairman, very much the chairman. I must say I HOPE VI, which is a program for dis- I continue to reserve the balance of my have come to the floor simply to ex- tressed housing in mainly urban Amer- time. press my deep appreciation for the ica, has been zeroed out. I think that is Mr. OLVER. Mr. Chairman, I yield 4 work that the chairman is doing on unfortunate. And I know you can’t minutes to the gentleman from New this very important measure, a bill fund a war at over $350 billion and Jersey (Mr. ROTHMAN), also a member that drives much of the infrastructure think we can, at the same time, invest of the subcommittee. of the country, as well as providing in America. That is why I think we Mr. ROTHMAN. Mr. Chairman, I housing programs. He and Mr. OLVER must bring our troops home in the thank my distinguished ranking mem- have done a great job on this bill under most practical time, and redeploy our ber for the time. Mr. Chairman, I rise circumstances where they are under troops around the theater area so that to commend our subcommittee Chair, great pressure. There is never quite America is safe, and that we protect Mr. KNOLLENBERG, and my ranking enough money available to do all that our interests at the same time. member, Mr. OLVER. We have a very in- we might like, so it takes very, very But working with the dollars that we teresting subcommittee. We cover a lot positive bipartisan effort to make sure have, the HUD part of this bill has been of ground, a lot of very interesting sub- that we provide balance as we restrain devastated. The brownfield area has ject matters. And I must tell you that spending at the same time. been zeroed out. Together, the EPA, our chairman not only permits a wide It is a very fine bill. And I might which has money in it for remediation range of debate and discussion and mention further that these gentlemen, of land that will be developed, there is questioning, perhaps he even encour- together, are now today producing the a small amount of money there. It is ages it, because he certainly hasn’t eighth bill out of 11 FY 07 Appropria- only there for remediation. The HOPE stopped me and he has been very, very tions bills off the floor. It is our inten- VI monies are for building, the actual generous in the way he has treated the tion to complete all those bills by the building of houses, and together with members of the minority, and I thank 4th of July break. You are giving us a the Community Development Block him. fantastic demonstration today that Grant money will help distressed areas My ranking member shows great anything is possible if people are will- and mainly urban areas of our country leadership on all of our issues, and his ing to work together. So it is great to be able to put people in affordable work is reflected in this bill which, be with you. And thank you very much housing, to have people live in safe while we all wish there were a lot more for your effort. housing, to offer their children hope for money because more money is deserv- Mr. OLVER. Mr. Chairman, I yield 1 the future because a house is the most ing for this bill, I believe he has man- minute to the ranking member of the basic thing they need, one of the most aged to reach the kind of compromises committee, the gentleman from Wis- basic things. This bill does not do a that were possible, given this shortage consin (Mr. OBEY). good job with that. And I know as we in money. Of course, I am disappointed Mr. OBEY. Mr. Chairman, I just want go on, you will hear more amendments in the amount of money for Amtrak. I to explain to the House that at this trying to put back brownfield money, am disappointed in some other mat- point it appears that there are more trying to put back HOPE VI money, ters; but as a former mayor, for exam- than 70 amendments pending, and that and I support that. ple, I am delighted at the Community

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.077 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3826 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Development Block Grant money be- and expedite the process to become a elaborate procedure, without the delay, cause that money is so critical. Border Commercial Zone, and I thank and without the community disruption b 1645 you for the opportunity. that are attendant with light rail and Mr. KNOLLENBERG. Mr. Chairman, heavy rail. And, of course, I would be remiss if I will the gentleman yield? I was disappointed that the sub- did not thank the majority staff and Mr. CUELLAR. I yield to the gen- committee decided not to be funding it, the minority staff for tolerating my tleman from Michigan. but I am more concerned about the lan- obsession with various items, including Mr. KNOLLENBERG. I would just guage in the subcommittee report that Teterboro Airport, and once again the say that I agree to work with you on betrays a lack of understanding about subcommittee has chosen to protect this. I appreciate your bringing it for- why we developed this program to this airport from abuse. It is not a par- ward. And we will also work with the begin with. It is something that can tisan matter, as the majority and mi- FMCSA on this issue. So thank you. help large cities like Chicago, where nority have acknowledged. It is a mat- Mr. CUELLAR. I thank the chair- there is great interest in it; small cit- ter that appeals to all the people in my man. ies like Kenosha, Wisconsin; and cities district, and, again, I am just so grate- Mr. OLVER. Mr. Chairman, I would in between like Little Rock and Char- ful. just like to say I would be happy, espe- I want to again thank the chairman lotte. And I would hope that as this cially after that trip through his dis- legislation works its way through Con- and the ranking member for their kind- trict, to work with the gentleman from ness and cooperation throughout this gress that we will be able to work with Texas on the issue that he has raised. the subcommittee and people in the year in the consideration of this bill. Mr. Chairman, I yield 3 minutes to Mr. OLVER. Mr. Chairman, I yield 2 other body to be able to harness the po- the gentleman from Oregon (Mr. minutes to the gentleman from Texas tential savings, economic development, BLUMENAUER). congestion mitigation that can be a (Mr. CUELLAR) for a colloquy. Mr. BLUMENAUER. Mr. Chairman, I Mr. CUELLAR. Mr. Chairman, I rise part of the Small Starts program. appreciate the gentleman’s courtesy in to engage in a colloquy with Chairman I would think given the very difficult permitting me to speak on this bill, KNOLLENBERG on this particular issue. task that this subcommittee faces, First of all, I want to thank the and I too understand that there are tre- with which I sympathize, that we chairman and I want to thank the mendous challenges that are faced by ought to embrace this approach be- ranking member, Mr. OLVER, for their the subcommittee with its interesting cause in the long run it will give you hard work on this particular bill. I also and broad jurisdiction. more bang for the buck, more satisfied appreciate this opportunity to speak to I rise to speak on one particular ele- communities, more reduction in con- Chairman KNOLLENBERG on this issue ment that actually should help the gestion, and more economic opportuni- that is very important to my congres- subcommittee, and that is dealing with ties. sional district. the Small Starts provision. The Small I appreciate the opportunity to talk My congressional district abuts the Starts provision was carefully crafted about this for a moment and look for- U.S.-Mexico border, which is very de- in last year’s reauthorization after 3 ward to working with the sub- pendent on trade. Interstate Highway years of work with people around the committee. 35, the ‘‘NAFTA Corridor,’’ runs from country to provide a simple, cost-effec- Mr. KNOLLENBERG. Mr. Chairman, Laredo in my district, throughout the tive way to reduce congestion, to pro- I reserve the balance of my time. San Antonio area, all the way up to mote economic development, and to Mr. OLVER. Mr. Chairman, I yield San Marcos, all three areas which are streamline the bureaucracy, instead of myself such time as I may consume. large population centers. the massive effort that is undertaken I would just like to point out to the Zapata County, which is in my dis- for the New Starts, the elaborate cost- gentleman from Oregon that in fact the trict, is sandwiched between Webb effectiveness, the massive amount of guarantee, and it is a guarantee under County and Starr County, both Border money that is involved, and I know and the TEA–LU bill, is included in what is Commercial Zones. Zapata is not cur- appreciate that. I appreciate what the called the Capital Investments Fund. rently designated a Border Commercial committee has done in approving the So there is money available there. But Zone, and consequently it loses out on administration’s recommendation for a I need also to point out that we have economic development opportunities project in my community. These are been told at the subcommittee level since Mexican trucks cannot conduct difficult, expensive, hard projects. That that the Department of Transpor- business in Zapata County. The Zapata is why I have been working on the tation, the FTA, will not have rules business community has been asking Small Starts. The Small Starts and regulations until at least a year for this designation. This area of the projects are ones that do not need mas- from now, maybe 15 months from now, country is economically challenged, sive Federal outlay. Small Starts do which is the very end of the next fiscal and the opportunity to engage in trade not mean that you have to rip up com- year. with Mexico will make a big difference munities for weeks, months, in some Mr. BLUMENAUER. Mr. Chairman, in local business community develop- cases years to construct them. The will the gentleman yield? ment. technology is available now to build a Mr. OLVER. I yield to the gentleman For example, the Zapata County streetcar, a trolley, 3 weeks per block from Oregon. master plan initiative includes an air- face. That’s three weeks per block. Mr. BLUMENAUER. Mr. Chairman, port expansion project that includes a They do not need to be massive we are having some interesting ongo- cargo facility and will offer shorter, di- projects with huge amounts of money. ing conversations with the Department rect flights into Zapata from The program of Small Starts was de- of Transportation. I went across the Monterrey, Mexico. Freight companies signed to be smaller amounts that will street to visit with him at FTA imme- in Mexico have expressed a desire to deal with relieving congestion and re- diately after the enactment of the leg- build warehouses and open a facility. lieving the necessity of other more islation. There is no need for us to In order to get a commercial zone, it elaborate efforts for economic develop- delay this process for months and takes an application process, but it is a ment. years. long, burdensome process for a goal We have 84 communities around the Mr. OLVER. Mr. Chairman, reclaim- that is quite simple. country with people that are looking ing my time, I agree with that point. I I am asking for your help, Mr. Chair- at the streetcar technology and using think that if people from the author- man, to expedite Zapata County’s ap- the Small Starts program. If the com- izing committee will make that point plication to be designated a Border mittee will work with us and the strongly to the Department of Trans- Commercial Zone. Getting this locality Transportation and Infrastructure portation, that would be very helpful on the fast track will be good for the Committee with what we have author- because I agree with virtually every- local residents and businesses in this ized in SAFETEA–LU, we have the po- thing the gentleman has said. This is a area for economic development. tential of providing the same sort of process that ought to get moving, but Mr. Chairman, I appreciate your sup- economic jolt and the relief of conges- the money is there. We can deal with port to help Zapata County apply for tion without the costs, without the this later on in this process. We are at

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.081 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3827 an early stage in the process. They This year is somewhat different, however. what is more important in a democracy than need to get the rules and regulations This year, Chairman KNOLLENBERG and Rank- the fairness and integrity of the electoral sys- out faster than 15 months from now. ing Member OLVER have had the foresight to tem. I rise today to register my disappointment Mr. VAN HOLLEN. Mr. Chairman, for the include competitive souring language in the that the measure before us provides no fund- first time in 4 years, I will not offer an amend- base fiscal year 2007 appropriations bill that ing to help States meet their title III requirement to this bill to block the implementation of mirrors the MEO/MCD language that was ments under HAVA, and to urge my col- the May 2003 Office of Management and signed into law last year. Therefore, there is leagues to work with me when the Depart- Budget Circular A–76 regulations for con- no need to offer the amendment I have of- ments and Labor and Health and Humans tracting out work that is performed by Federal fered in the past. Services appropriations bill comes to the floor employees around the country. In conclusion, Mr. Chairman, the TTHUD next week to fully fund HAVA’s disability ac- The difference this year, Mr. Chairman, is appropriations bill on the floor today includes cess payments. that Chairman KNOLLENBERG and Ranking forward-looking language pertaining to A–76 Mr. GENE GREEN of Texas. Mr. Chairman, Member OLVER agreed to my request to in- competitive sourcing that precludes the need I rise in support of H.R. 5576, the appropria- clude satisfactory language in the bill that is to offer my amendment again this year. I look tions act for the Departments of Transpor- before us. I want to thank them for addressing forward to working with the leadership of the tation, Treasury, and Housing and Urban De- this issue this year. Appropriations Committee and with the author- velopment. Both Federal Government employees and izers on the House Committee on Government I want to note two important Houston-area private contractors had serious legitimate con- Reform in the future to devise a permanent fix projects that received funding in this legisla- cerns and complaints about the A–76 competi- to the A–76 process that is fair to Federal tion: METRO Solutions and the Harrisburg tive sourcing process. The amendment I of- workers and private contractors and that pro- grade separation. fered in past years essentially required OMB vides American taxpayers with the efficient, The $2.5 million for METRO is a very small to go back to the drawing board and develop cost-effective and quality services they de- amount compared to our need for transit in- a uniform competitive sourcing process that mand and deserve. vestment in Houston, particularly for light rail. addresses everybody’s concerns. Despite Mr. HOLT. Mr. Chairman, I rise today to ex- However, we are very grateful for this strong objections and veto threats from the press my disappointment that the Departments amount, because in previous years members White House, we had spirited debates in the of Transportation, Treasury, and Housing and of our Houston delegation blocked any funding three previous appropriations cycles on the Urban Development, the Judiciary, District of in this bill for Houston light rail. Van Hollen amendment, and each year the Columbia, and Independent Agencies appro- We will never know how many millions went House approved the amendment with bipar- priations bill for fiscal year 2007 does not fully to other projects around the country because tisan majorities. We passed the Van Hollen amendment for fund the Help America Vote Act, HAVA. our delegation was not united behind a plan. HAVA was passed in the wake of the 2000 the last 3 years because we recognized that Thankfully, this situation has now changed, election, and authorized almost $4 billion to the contracting out process was unfair. That and we have a commitment from our delega- was evidenced by the fact that we passed a improve the administration of elections in this tion to pursue $1 billion over 10 years for number of bills to change the contracting out country. The 2004 election was a strong indi- Houston light rail. process on an ad hoc basis in numerous Fed- cation that there is much work yet to be done Unfortunately, it does not look like we will eral agencies, including Defense, Homeland in the area of election reform in this country. be able to meet that commitment. As a result, Security, Interior and Agriculture. But the re- And yet here we are, fast approaching Federal the process at the FTA is taking on much sult was a patchwork of inconsistent regula- elections which are to be the first ones that greater importance. tions. The Van Hollen amendment was in- take place under virtually all of HAVA’s re- METRO must cut through the red-tape at tended to replace that patchwork of incon- quirements, and hundreds of millions of dollars FTA and get approval for their project and a sistent regulations with a uniform set of rules in funds authorized under the bill remain unap- full funding grant agreement if the Northside fair to all. It did not get rid of the competitive propriated. Line and East End Line are going to be a re- sourcing rules. In essence, it required OMB to Although the appropriations bill before us in- ality. go back to the rules that were in place before cludes almost $17 million in funding for the We are going to need all the funding we can May 2003 until it fashioned a new set of rules Election Assistance Commission, EAC, which get if we want to upgrade the BRT to light rail that make sense for everybody. is nearly $3 million more than was appro- as quickly as possible to meet the expecta- In fiscal year 2005 the Senate approved lan- priated to the EAC for fiscal year 2006, it still tions of the voters in the referendum. guage similar to the Van Hollen amendment, provides no funding whatsoever to help States The other important project for Houston is but even though both Houses approved similar meet their voting system requirements—espe- the Harrisburg Grade Separation. The bill con- language it did not survive a closed-door cially the disability and language access re- tains $300,000 to get this project started in the TTHUD conference. Last year, in fiscal year quirements—under title III of the act. HAVA design phase. 2006, the Senate approved language that was authorized $3 billion in so-called ‘‘require- East End Houston has entirely too many in- widely viewed as acceptable to the White ments payments,’’ and has to date appro- convenient and unsafe grade crossings, and a House, however begrudgingly, and that lan- priated only $2.328 billion. States across the grade separation at Harrisburg will provide guage survived the conference and was Nation are struggling to meet HAVA’s voting easy access and prevent rail/auto/truck acci- signed into law. That language provided fund- system requirements, and $672 million in au- dents for area residents. ing for A–76 competitions that allowed Federal thorized funds remain unappropriated. And not We have just started construction on our workers to present their own most efficient or- one dime of that amount has been requested Manchester grade separation, so it is fitting ganization, MEO, bid in a competitive sourcing in the President’s fiscal year 2007 budget nor that we are starting at the beginning of the competition, and required private contractor provided for in this appropriations measure. process for another very important intersec- bids to provide for a minimum cost differential, HAVA also authorized $100 million to pro- tion. MCD, savings of at least 10 percent or $10 mote access to the polls for disabled voters, of This project will fit in well with the effort to million over the MEO bid. While these public- which only $44 million has been appropriated reorganize the freight rail system for Harris private competition requirements did not ad- to date, and $40 million for protection and ad- County and surrounding counties, because the dress all of the concerns of Federal employ- vocacy systems, of which just under $17 mil- most relief from freight rail traffic needs to be ees pertaining to appeal rights, these require- lion has been appropriated to date. I under- in the areas with the most impact. ments were considerable improvements in the stand that the Labor and Health and Human Mr. Chairman, I want to thank the chairman competitive sourcing process. Services appropriations bill to be reported out and ranking member of the subcommittee and But now, Mr. Chairman, we are in a brand of committee today will include approximately the full committee for their work on this bill new fiscal year cycle and once again we need $11 million in funding for the former accessi- and also thank our Houston area appropriator, to address critical matters related to the con- bility grants, and approximately $5 million in JOHN CULBERSON for his help, particularly with tracting out process. We should not have to additional funding for the latter protection and the METRO funding. do this every year in the appropriations proc- advocacy systems. However, these new ap- Mr. OLVER. Mr. Chairman, I yield ess, Mr. Speaker, but we will repeat this de- propriations still leave a total of approximately back the balance of my time. bate year after year until Congress takes de- $63 million in authorized disability access pay- Mr. KNOLLENBERG. Mr. Chairman, finitive action and authorizes competitive ments unappropriated. I yield back the balance of my time. sourcing regulations that are fair to Federal There are certainly many important de- The CHAIRMAN. All time for general employees and private contractors. mands upon us, but I ask you, Mr. Chairman, debate has expired.

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.132 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3828 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Pursuant to the rule, the bill shall be Amendment offered by Mr. KNOLLENBERG: consent that the amendment be consid- considered for amendment under the 5- Page 2, line 11, after the first dollar ered as read and printed in the RECORD. minute rule. amount, insert the following: ‘‘(reduced by The CHAIRMAN. Is there objection During consideration of the bill for $1,000)’’. to the request of the gentleman from Page 72, line 18, after the dollar amount, amendment, the Chair may accord pri- insert the following: ‘‘(increased by Ohio? ority in recognition to a Member offer- $20,748,000)’’. There was no objection. Mr. LATOURETTE. Mr. Chairman, I ing an amendment that he has printed The CHAIRMAN. Is there objection in the designated place in the CONGRES- ask unanimous consent that the debate to reaching ahead in the amendment on my amendment and all amendments SIONAL RECORD. Those amendments process to get to this point? will be considered read. thereto be limited to 20 minutes, 10 Without objection, the gentleman minutes by the proponent and 10 min- The Clerk will read. from Michigan is recognized for 5 min- The Clerk read as follows: utes by the opponent, equally divided utes. H.R. 5576 and controlled by each. There was no objection. The CHAIRMAN. Is there objection Be it enacted by the Senate and House of Rep- Mr. KNOLLENBERG. Mr. Chairman, to the request of the gentleman from resentatives of the United States of America in following the full committee amend- Congress assembled, That the following sums Ohio? are appropriated, out of any money in the ment process, CBO’s scoring of our bill There was no objection. Treasury not otherwise appropriated, for the resulted in slightly more than $20.7 The CHAIRMAN. The gentleman is Departments of Transportation, Treasury, million in savings. recognized for 10 minutes. This amendment will place this fund- and Housing and Urban Development, the b 1700 Judiciary, District of Columbia, and inde- ing in the IRS operations support ac- pendent agencies for the fiscal year ending count, which was reduced by $50 mil- Mr. LATOURETTE. Mr. Chairman, I September 30, 2007, and for other purposes, lion below the President’s request. rise today offering this amendment namely: I understand that this has been with my good friend, Mr. OBERSTAR TITLE I cleared with the minority, and there- from Minnesota, the ranking member DEPARTMENT OF TRANSPORTATION fore I ask for the adoption of this of the full Transportation Committee. I OFFICE OF THE SECRETARY amendment. will yield him half of my time when he SALARIES AND EXPENSES The CHAIRMAN. The question is on arrives on the floor. Unlike aviation, highways and tran- (INCLUDING TRANSFER OF FUNDS) the amendment offered by the gen- sit, there is no dedicated funding for For necessary expenses of the Office of the tleman from Michigan (Mr. KNOLLEN- investing in our Nation’s passenger rail Secretary, $92,558,000, of which not to exceed BERG). $2,255,000 shall be available for the imme- The amendment was agreed to. service. This is a pretty simple amend- diate Office of the Secretary; not to exceed ment. All it does is restore $214 million AMENDMENT OFFERED BY MR. LATOURETTE $717,000 shall be available for the immediate to the Amtrak account, taking it to Mr. LATOURETTE. Mr. Chairman, I Office of the Deputy Secretary; not to exceed $1.114 billion, which is still about $300 offer an amendment. $15,681,000 shall be available for the Office of million less than we had during the The Clerk read as follows: the General Counsel; not to exceed $11,684,000 course of last year’s discussion. shall be available for the Office of the Under Amendment offered by Mr. LATOURETTE: As the chairman of the Railroad Sub- Secretary of Transportation for Policy; not Page 2, line 11, after the first dollar committee, we have had exhaustive to exceed $10,002,000 shall be available for the amount, insert the following: ‘‘(reduced by Office of the Assistant Secretary for Budget $23,814,000)’’. hearings, oversight hearings, dealing and Programs; not to exceed $2,319,000 shall Page 2, line 11, after the second dollar with the Amtrak situation, and we be available for the Office of the Assistant amount, insert the following: ‘‘(reduced by have done a number of things. The CEO Secretary for Governmental Affairs; not to $79,000)’’ has been fired by the board. We have exceed $25,108,000 shall be available for the Page 2, line 13, after the dollar amount, in- looked at their food service. They have Office of the Assistant Secretary for Admin- sert the following: ‘‘(reduced by $26,000)’’. entered into a new food service con- istration; not to exceed $1,932,000 shall be Page 2, line 14, after the dollar amount, in- tract. If you look at this bill, and I available for the Office of Public Affairs; not sert the following: ‘‘(reduced by $650,000)’’. Page 2, line 16, after the dollar amount, in- want to commend Mr. KNOLLENBERG, to exceed $1,478,000 shall be available for the because last year he had an impossible Office of the Executive Secretariat; not to sert the following: ‘‘(reduced by $150,000)’’. exceed $707,000 shall be available for the Page 2, line 18, after the dollar amount, in- task. The President sent up a budget of Board of Contract Appeals; not to exceed sert the following: ‘‘(reduced by $1,602,000)’’. zero for Amtrak. We had an amend- $1,286,000 shall be available for the Office of Page 2, line 20, after the dollar amount, in- ment process that we went through Small and Disadvantaged Business Utiliza- sert the following: ‘‘(reduced by $2,319,000)’’. this time. tion; not to exceed $2,722,000 for the Office of Page 2, line 22, after the dollar amount, in- This time we are up to $900 million in Intelligence and Security; not to exceed sert the following: ‘‘(reduced by $3,297,000)’’. the bill, which I give him great credit Page 2, line 24, after the dollar amount, in- $12,281,000 shall be available for the Office of sert the following: ‘‘(reduced by $1,932,000)’’. for. But if you look at that $900 mil- the Chief Information Officer; and not to ex- Page 2, line 25, after the dollar amount, in- lion, there is only $500 million for cap- ceed $4,386,000 shall be available for the Of- sert the following: ‘‘(reduced by $1,478,000)’’. ital expenditures, out of which has to fice of Emergency Transportation: Provided, Page 3, line 5, after the dollar amount, income a debt service of $280 million, That the Secretary of Transportation is au- sert the following: ‘‘(reduced by $12,281,000)’’. which only leaves $220 million for the thorized to transfer funds appropriated for Page 4, line 6, after the dollar amount, in- any office of the Office of the Secretary to capital needs of this country for Am- sert the following: ‘‘(reduced by $4,090,000)’’. trak, for passenger rail. any other office of the Office of the Sec- Page 37, line 8, after the dollar amount, in- retary: Provided further, That no appropria- sert the following: ‘‘(reduced by $34,650,000)’’. There is nothing for operation, and I tion for any office shall be increased or de- Page 38, line 8, after the dollar amount, in- know that the response to that is going creased by more than 5 percent by all such sert the following: ‘‘(increased by to be that there are some incentive transfers: Provided further, That notice of $129,000,000)’’. grants in the bill. But that really does any change in funding greater than 5 percent Page 39, line 6, after the dollar amount, in- not get the thing done. shall be submitted for approval to the House sert the following: ‘‘(increased by Mr. Chairman, we have tried to be ju- and Senate Committees on Appropriations: $85,000,000)’’. dicious with this amendment and Provided further, That not to exceed $60,000 Page 58, line 11, after the dollar amount, shall be for allocation within the Depart- looked for pots of money located with- insert the following: ‘‘(reduced by in the bill solely within the jurisdic- ment for official reception and representa- $2,693,000)’’. tion expenses as the Secretary may deter- Page 58, line 21, after the dollar amount, tion of the Transportation and Infra- mine: Provided further, That notwithstanding insert the following: ‘‘(reduced by structure Committee. I think we have any other provision of law, excluding fees au- $2,693,000)’’. achieved that. thorized in Public Law 107–71, there may be Page 192, line 14, after the dollar amount, I believe it is a good amendment and credited to this appropriation up to $2,500,000 insert the following: ‘‘(reduced by I urge adoption by my colleagues. in funds received in user fees. $1,179,990)’’. Mr. Chairman, I reserve the balance AMENDMENT OFFERED BY MR. KNOLLENBERG Page 194, line 1, after ‘‘2007’’ insert the fol- of my time. Mr. KNOLLENBERG. Mr. Chairman, lowing: ‘‘(reduced by $559,641,000)’’. The CHAIRMAN. Does any Member I offer an amendment. Mr. LATOURETTE (during the read- seek time in opposition to the amend- The Clerk read as follows: ing). Mr. Chairman, I ask unanimous ment?

VerDate Aug 31 2005 02:56 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.084 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3829 Mr. KNOLLENBERG. Mr. Chairman, general public from possible terrorist the allocations within this bill. The I rise in opposition to the amendment. attacks. subcommittee worked its will, making The CHAIRMAN. The gentleman is Mr. Chairman, cutting border secu- sure that the allocations were filled to recognized for 10 minutes. rity and funds to protect Federal work- the best of our ability. Mr. KNOLLENBERG. Mr. Chairman, ers against terrorism is irresponsible. I Then the bill went to the full com- this amendment would increase fund- ask my colleagues to oppose this mittee appropriations process, and the ing for Amtrak by gutting and elimi- amendment. amendments were conducted. And nating critical programs, including Mr. Chairman, I reserve the balance again the will of the committee was safety programs, resulting in reduc- of my time. worked. Not all of the requests were tions in force at several agencies. Mr. LATOURETTE. Mr. Chairman, funded. It is the same with Amtrak. This bill was put together by making can I ask how much time I used, Their request was not funded, and it is some very difficult decisions to balance please? because Amtrak is undergoing some fi- a wide variety of critical needs from The CHAIRMAN. The gentleman has nancial stress that they have asked for some very diverse programs. The 81⁄2 minutes remaining. more funding. amendment would undermine the dif- Mr. LATOURETTE. Mr. Chairman, I But this is not new to our economy. ficult work done by the subcommittee yield 2 minutes to the gentleman from Other portions of our economy have by haphazardly making unrealistic and Michigan (Mr. SCHWARZ). also been under financial stress. For undisciplined cuts throughout the bill. Mr. SCHWARZ of Michigan. Mr. example, the airlines have been faced It would cut the Office of the Sec- Chairman, while I credit my colleague with similar shortfalls in revenue. And retary of Transportation by 25 percent. from Michigan for doing a great deal of yet when they were faced with these That is well below the fiscal year for work on this bill, and I know it is a tre- shortfalls, they undertook a search of 2006. This will result in reductions in mendously difficult bill, rail passenger every cost. They went to their workers. force for OST and will impact mission service in the United States is the They went to their pilots. They went to critical operations, including security worst in all of the industrialized world. their flight attendants. They went to planning as well as coordination and It does not have to be that way. Ger- the mechanics. And they asked them, response efforts. many, France, the United Kingdom, could you help out under this current These areas proved critical during Italy, the Scandinavian countries, period of financial stress? And the last year’s hurricanes, and we have Spain and Portugal have better rail unions and the workers all weighed in now entered the hurricane season service, more rapid rail service, more to help with the cost structure. again. It would eliminate the critical frequent rail service, more efficient The same thing happened in our auto rail safety research programs under the rail service than the United States. It manufacturing industry, where the Federal Railroad Administration. This does not have to be this way. United Auto Workers weighed in and is a little confusing, because several The degradation of the Amtrak sys- helped bear some of the reductions in years ago it is this research program tem goes on apace, whether it is the costs so that they could keep their that pinpointed the problem associated right-of-way or equipment. Equipment companies afloat. with Amtrak’s brakes on the Acela and needs to be replaced. Right-of-way They came to the table, they did the found the solution and allowed Acela needs to be maintained. The Canton right thing for their jobs, for their fam- to get up and running again. area, the electric, the Canton area in ilies, and they made themselves more The amendment would severely re- the Northeast Corridor needs to be competitive in times of financial duce funds for the Federal Maritime maintained as well. Witness the black- stress. Now we come to Amtrak. Am- Commission and the Surface Transpor- out just 2 weeks ago. trak has looked at some of their costs, tation Board, resulting in RIFs for We need to have a modern, efficient, but their workers have never weighed both of these agencies, and cutting the dependable rail passenger service in in. Federal Buildings Fund by $560 million the United States. The only way we Mr. Chairman, I think when you look will leave the fund without the re- can do it is to fund it. It is the most ef- at the costs that Amtrak is asking for, sources it needs to build critical, se- ficient way to carry people. And I must we need to look across the spectrum, at cure crossings on our Southern border say that no system in any industri- the union agreements, at the wages with Mexico. alized country in the world is profit- that are being paid, at the benefits, as Mr. Chairman, it would not strength- able. They are all subsidized. It is part well as the cost of the infrastructure, en the Federal buildings against of the cost of doing business. It is part the cost to operate, the energy costs, threatening terrorism attacks. Let me of the cost of running an efficient gov- so that each and every facet of Amtrak repeat this. Vote for this amendment ernment. It is part of the cost of keep- weighs into these costs. We have done and you are voting against building ing our economy going. that. The reforms are in place. We hope border crossings on the U.S.-Mexico Please support the LaTourette to see the reforms completed, border and against funding to secure amendment. Mr. Chairman, I think it is time that the Federal buildings against ter- Mr. KNOLLENBERG. Mr. Chairman, we have these reforms that we have put rorism. could I inquire about how much time is in the bill become enacted, so that we Let me go a little further and explain left on our side? can take each facet of the cost in Am- that these cuts would completely The CHAIRMAN. The gentleman has trak into the formula to come up with eliminate GSA’s new construction of 7 minutes remaining. a plan to make sure that Amtrak is six border stations at the crossing at Mr. KNOLLENBERG. Mr. Chairman, solvent in the future. McAllen, Texas, at El Paso, Texas, I yield 21⁄2 minutes to a member of the I thank the gentleman from Michi- Santa Teresa, New Mexico, Columbus, subcommittee, TODD TIAHRT from Kan- gan for spending the time on these al- New Mexico, Calexico, California, and sas. locations within this bill. I think he Nogales, Arizona. Mr. TIAHRT. Mr. Chairman, I thank has done a fine job. I would oppose the In addition, the amendment would the gentleman from Michigan for yield- gentleman from Ohio’s amendment, let eliminate the Food and Drug Adminis- ing me time. the reforms take place and make sure tration Montgomery County, Maryland Mr. Chairman, the chairman of the that Amtrak is solvent in the future. Project, as well as remove the delivery Appropriations Subcommittee on Mr. LATOURETTE. Mr. Chairman, it facility in Anacostia for mail sorting Transportation, Treasury, Housing and is my understanding that we still have for the Federal Government, something Urban Development has done a fine job. 7 minutes remaining on our side of the that is sadly needed, and with the We are a nation of priorities. Each year amendment. threat of anthrax and other deadly sub- we must decide where the resources The CHAIRMAN. The gentleman has stances in government mail. that have been given to us by the tax- 7 minutes remaining. Repairs and alterations to Federal payers will be spent. Mr. LATOURETTE. Mr. Chairman, I buildings will be stopped or slowed, re- This bill is a good example. The yield 5 minutes to Mr. OBERSTAR from pairs and alterations that are needed chairman from Michigan (Mr. Minnesota, the co-author of the amend- to secure government workers and the KNOLLENBERG) made good decisions on ment, and ask unanimous consent that

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.090 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3830 CONGRESSIONAL RECORD — HOUSE June 13, 2006 he be permitted to yield time from that over, and we keep putting more and be killed; but it is time for us to stop 5 minutes. more taxpayer dollars into Amtrak. this charade, give a modest amount of The CHAIRMAN. Is there objection And I have no problem with subsidizing money to meet its capital needs, be to the request of the gentleman from mass transit or any type of long dis- able to reverse the outrageous act Ohio? tance service or high speed service. We where they fired David Gunn, an oper- There was no objection. will need to subsidize it. But, folks, ational genius who was dealing with The CHAIRMAN. The gentleman Amtrak has been and remains out of the management problems of Amtrak, from Minnesota is recognized for 5 min- control. I served on the Rail Sub- and they fired him. It is time to stop utes. committee for most of my time in Con- the criminal mismanagement of Am- Mr. OBERSTAR. Mr. Chairman, I gress. Let us just review, if we give trak by the political process. yield 2 minutes to the distinguished them a little bit more money, where Mr. KNOLLENBERG. Mr. Chairman, gentleman from Massachusetts (Mr. that is going to go. I would yield 1 minute to the gen- OLVER). Right now we subsidize every ticket tleman from Texas (Mr. CULBERSON). Mr. OLVER. Mr. Chairman, I thank for $47. That is absolutely outrageous, Mr. CULBERSON. Mr. Chairman, re- the gentleman for yielding me time. ladies and gentlemen. In fact, some gardless of your opinion about Amtrak, Mr. Chairman, I think that this tickets are subsidized—I have the re- if you are concerned about border secu- amendment shows quite clearly how port right here, the latest informa- rity and want to do a better job of pro- difficult the job was for the chairman tion—$627. Could you imagine that tecting our border, you need to vote in the first place, and that it is very type of subsidy? They will tell you, oh, against this amendment. Because ac- difficult to find offsets for the kind of we give it to airlines. That is not true. cording to the CBO’s scoring, this $560 money that was necessary to put to- No one is subsidized like Amtrak is. million cut from the Federal Building gether this amendment. Food service. For every dollar that Fund would come primarily out of the But all of the offsets come out of the we take in in food service on Amtrak, repairs, alterations, and construction jurisdiction of the Transportation and it costs the taxpayers $2. That is it, account. Infrastructure Committee, the full just give them a little bit more money The President has asked for six new Committee on Transportation and In- and things work out. Legal services. border stations on the border between frastructure. And I think that it makes They spend more money on legal serv- Texas, California, New Mexico, and Ar- it clear that if the offsets are used in ices than they do on equipment. izona. These cuts would leave the this way to fund Amtrak, which is The debt has risen to some $6 or $7 building fund without the money they needed, that then we will go to the billion. The maintenance backlog is be- need to build secure, critical border later stages in the process and try to tween $5 and $6 billion. So even if you crossings with Mexico. make corrections in the later stages of add additional money, whoever is in This is not just about Amtrak. This the process. this well 1 year from now will be back is taking critically needed money to Mr. Chairman, it will be no more dif- here trying to feed the Amtrak mon- build these border crossings and main- ficult to re-fund the items that have ster. tain not just Federal structures across been taken out of their own jurisdic- We must have the reforms. Some of the country but, more importantly, the tion, out of the Transportation and In- them are in the bill. The committee secure, critical border crossings with frastructure Committee’s jurisdiction, has done a great job in trying to get Mexico. it will be no more difficult to fund their attention, to try to get their fi- I urge Members to vote against this them later than it is to fund Amtrak nances in order. Their finances and ac- amendment. Whether you oppose Am- now. counting is worse than Enron’s. trak, you should vote against the Clearly with this amendment, we will b 1715 amendment, as I would, because I am still be $180 million below the enacted It is time that we demand account- concerned about Amtrak’s accounting, number for 2006, and the Amtrak board ability, that we demand a better oper- but because I am concerned about bor- has asked this year for $1.598 billion. ating mass transit and public long dis- der security as the highest priority of That is the most recently appointed tance service; and I have no problem this Congress, you need to vote ‘‘no’’ board of members from the President. with underwriting that. But we should on this amendment so we can build So we are still very far short of what look at what the private sector can do. these secure, critical border crossings. they believe is necessary to run the na- They have 26 million, I believe, pas- Mr. LATOURETTE. Mr. Chairman, I tional rail passenger system. So I am, sengers. yield 1 minute to the gentleman from with some trepidation, supporting the In England, they have a new route, Montana (Mr. REHBERG). amendment that has been put forward. north-south. They have 34 million. PARLIAMENTARY INQUIRY I certainly intend to vote for the They actually have made a profit and Mr. REHBERG. Mr. Chairman, before amendment. turned a dividend and returned it back I begin, may I have a parliamentary in- Mr. KNOLLENBERG. Mr. Chairman, to the taxpayers. quiry to have unanimous consent to again I would like to inquire about the Mr. OBERSTAR. Mr. Chairman, I interject a letter into the RECORD? Do time remaining for our side. yield 1 minute to the distinguished I do that during this debate? The CHAIRMAN. The gentleman gentleman from Oregon (Mr. The CHAIRMAN. That will have to from Michigan has 41⁄2 minutes remain- BLUMENAUER). be done in the full House as opposed to ing. The gentleman from Ohio has 2 Mr. BLUMENAUER. I find no small in the Committee of the Whole. minutes remaining. The gentleman irony to what we just heard. This bill Mr. REHBERG. Mr. Chairman, I rise from Minnesota has 3 minutes remain- contains billions of dollars of subsides in support of Mr. LATOURETTE’s amending. to the airline industry on top of hun- ment. One of the things you heard Mr. KNOLLENBERG. Mr. Chairman, dreds of billions of dollars that was talked about was the fact that Amtrak by the way, let me thank Mr. spent in the past for an industry that was making changes. That is abso- LATOURETTE for suggesting the 20- has produced a net profit of zero in its lutely incorrect. minute situation divided by two. I ap- 75-year history. I have an article I am going to inter- preciate that very much. Why does Amtrak have problems? We ject into the RECORD: ‘‘Passenger Rail- Mr. Chairman, I yield 21⁄2 minutes to have consistently underinvested in road Improves Service on Long-Haul the gentleman from Florida (Mr. MICA). their capital needs. Any objective anal- Trains to Lure Travelers.’’ The Empire Mr. MICA. Mr. Chairman, my col- ysis suggests that they need to be ade- Builder, which is in Montana, is the leagues, giving Amtrak more money quately funded for capital, but this rolling laboratory for some of these would be like giving at this point an al- Congress consistently underfunds it. changes. coholic another drink and asking him We cut it by another $200 million, and I represent a district that spans the to sober up. we will not even pass the authorizing distance of Washington, D.C. to Chi- I sort of feel like I am repeating, Mr. legislation. cago. Think about it: Washington, D.C. Chairman, the Ground Hog Day. We We are not going to kill Amtrak, be- to Chicago. In many areas, this is the have been through this debate over and cause the public won’t allow Amtrak to only form of transportation we have.

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.094 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3831 Many of you have airlines. We do not Mr. Laney ways the next crucial step for Mr. KOLBE. Mr. Chairman, I thank in northern Montana. Many of you Amtrak is to fix some notorious customer- the gentleman for yielding, and I rise have bus service. We do not in northern service problems, ranging from dirty cars to in opposition to the amendment, not to Montana. We use this service for essen- unhelpful and rude onboard employees. speak against Amtrak, but really About 30 percent of all Amtrak trains are tial service to get our people to hos- late. Rep. John Mica, a Republican from where these funds would come from. pitals, to doctors, to school, to visit Florida and longtime Amtrak critic, com- As the previous speaker under Mr. relatives. plains Amtrak can ‘‘rival some of the Third KNOLLENBERG’s time, Mr. CULBERSON This is not just something we are World and former Soviet Union rail experi- said it comes out of our border security wasting money on. This is an essential ences.’’ Mr. Laney acknowledges that pas- infrastructure. Much of that is right in service, an essential product for the senger service by Amtrak is ‘‘in some cases the heart of Arizona. The Nogales/ people of America. If you are going to superb and in some cases miserable.’’ Mariposa Port of Entry and the San build a more secure future for the peo- The restructuring likely puts Amtrak on a Luis Port of Entry are located on the collision course with its 17,000 unionized ple of Montana, then you have to be re- workers, two-thirds of whom haven’t had a Arizona-Mexico border, not in my dis- alistic. new contract for about five years. Amtrak trict, but in the area and will enhance You don’t gut and undermine the ef- officials estimate union restrictions cost the security while promoting economic de- fort that they are attempting to make railroad about $100 million a year. Edward velopment and improving the quality at this time to improve the service of Wytkind, president of the AFL–CIO union’s of life in the border region. the Empire Builder in Amtrak. I ask Transportation Trades Department, said in a The first project is the reconfigura- you, please support Mr. LATOURETTE. statement that the Bush administration’s re- tion of the Nogales/Mariposa Port of [From Business Focus, Mar. 17, 2006] form effort is an attempt to ‘‘scapegoat Entry. It is the principal commercial workers for the failures of the federal gov- PASSENGER RAILROAD IMPROVES SERVICE ON ernment and the current Amtrak board.’’ crossing on the southern border during LONG-HAUL TRAINS TO LURE TRAVELERS Some of Amtrak’s worst problems are be- much of the year. It processes half of (By Daniel Machalaba) yond its control. Formed to relieve freight all the winter fruits and vegetables en- SHELBY, MONTANA.—Karyn Hamilton, like railroads of money-losing passenger trains, tering the United States. It was built many Amtrak riders, had a dim view of the Amtrak shares nearly 22,000 miles of track in the 1970s, and it was never built to nation’s passenger railroad as low-class, un- with the freight trains, and congestion is handle the volume of traffic it now re- comfortable and not much better than a bus. worsening. Still, Amtrak believes better ceives. But the marketing director of a financial- service will lure riders and shrink losses on During the peak season, it is abso- management firm in Portland, Ore., changed long-distance lines. On long-distance routes her mind during a trip last August on the that are primarily used by passengers for lutely overwhelmed. Trucks line up for Empire Builder, an Amtrak long-distance basic transportation, starting with the Texas hours and miles and miles and miles train undergoing a dramatic makeover that Eagle and the City of New Orleans, the rail- into Mexico waiting to cross. In addi- includes new carpeting and colors, pleasant road is rolling out a new type of dining serv- tion the post-9/11 requirements of the staff, and upgraded food service. ice that makes greater use of precooked Bioterrorism Act and other security After years of financial and political crisis, meals and introduces disposable plastic measures have added to the congestion Amtrak is making a calculated gamble: To plates. Those changes are designed to cut the of the port. This is a project that would boost revenue on its longer-haul trains, the number of dining-car employees to three per be cut under this amendment. railroad is altering its longstanding one-size- train from five or six. fits-all approach to passengers. Meanwhile, Amtrak is replacing manda- The second project is the construc- The changes began with a major makeover tory meal-serving periods with more flexible tion of the new port of entry at San of the Empire Builder last summer. Now, hours. Over the next few years, it plans to re- Luis, and that is the highest priority Amtrak plans to extend the changes to some build dining cars to replace traditional table on the southern border and President’s other long-haul trains, while also attacking seating and allow passengers to sit at the bar requested $42 million. bloated food-service expenses. Amtrak’s or watch passing scenery from crescent- I urge that we defeat this amendment board also is considering cuts to its head- shaped booths that face the windows. Meal because of where the funds are being quarters overhead by streamlining repair service will then be available as much as 18 taken from. shops, maintenance operations, reservation hours a day, up from about eight hours now, call centers and train stations. allowing Amtrak to serve more people and Mr. Chairman, I rise in opposition to this The shakeup is an acknowledgment by Am- boost revenue. Amtrak hopes to cut $32 mil- amendment because the funding it would re- trak officials that they are running out of lion from its annual food-service loss of $123 move from the bill would be terribly detri- chances to stave off pressure from the Bush million. mental to our border security infrastructure, at administration to break up or even liquidate The Empire Builder is the rolling labora- precisely the time when we are finally turning the federally subsidized—and unprofitable— tory for some of the changes. Its on-time our attention towards fixing our border and railroad. ‘‘We’re living on borrowed time,’’ record is about 68 percent, and it posted an says David Laney, Amtrak’s chairman. ‘‘We stopping illegal immigration. average loss or $78.57 per passenger in the fis- The Nogales/Mariposa Port of Entry and have to demonstrate what we can do on our cal year ended Sept. 30. own before it is taken out of our hands.’’ While the Empire Building is so far stick- San Luis Port of Entry are located on the Ari- Last year the Bush administration pro- ing with the traditional dining-car format, zona-Mexico border and will enhance security posed eliminating subsidies to Amtrak, staffing level and made-to-order food, its while promoting economic development and which has been kept afloat with $30 billion in added amenities and upgraded service are no- improving the quality of life in the border re- federal aid since 1971, according to the De- ticeable. Amtrak put a small fleet of rebuilt gion and across the country. partment of Transportation. While Congress passenger cars with hip blue-and-white inte- The first project is the reconfiguration of the approved $1.3 billion in funding for the cur- riors on the line—a big improvement over rent fiscal year, the Bush administration lat- Nogales/Mariposa Port of Entry to expand the the drab orange and brown that dominated port and enhance border security. Mariposa is est budget request includes $900 million—a 31 older cars. Employees now must introduce percent cut— for fiscal 2007. And the DOT themselves to passengers. Conductors must one of the principal commercial crossings on would hold back nearly half of the money stay up all night in the dining car in case the southern border; it processes half of the until Amtrak demonstrated continued they are needed. winter fruits and vegetables entering the progress on reform. Yesterday, Amtrak said So far, the Empire Builder makeover ap- United States. Built in the 1970’s, Mariposa it would ask Congress for $1.598 billion for pears to be enticing more passengers, par- was never intended to handle the volume of fiscal 2007, almost all the increase for capital ticularly during the off-season when rider- traffic it now receives. During the peak sea- spending. ship typically declines. But David Hughes, As part of the do-or-die overhaul, Mr. son, it is overwhelmed, as trucks line up for Amtrak’s acting president, says it is impos- miles and wait many hours to cross. In addi- Laney fired Amtrak President David Gunn sible to ever make long-distance trains like last November. Mr. Gunn had been widely the Empire Builder profitable. Those trains tion, the new post 9/11 requirements under praised for stabilizing Amtrak’s finances, are expected to generate $382 million in fis- the Bioterrorism Act and other security meas- Jump starting repairs to the Northeast cal 2006, or about one-fourth of overall Am- ures have added to the congestion at the port. Corridor and restoring credibility with Con- trak revenue, but post losses of more than U.S. Customs and Border Protection therefore gress. But Mr. Laney, a Dallas lawyer and $493 million, or about $125 for every pas- placed this project high on its list of priorities Republican loyalist appointed to the Amtrak senger. board in 2002, concluded that Mr. Gunn was and the President requested $9 million for de- standing in the way of more-drastic reforms. Mr. KNOLLENBERG. Mr. Chairman, sign funds in his budget. That funding is in this Mr. Gunn says he was fired because he op- I yield 1 minute to the gentleman from bill and would be cut by this amendment. posed the Bush Administration’s Amtrak Arizona (Mr. KOLBE), the chairman of The second project is the construction of a strategy. the Foreign Operations Subcommittee. new Port of Entry at San Luis. U.S. Customs

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\K13JN7.098 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3832 CONGRESSIONAL RECORD — HOUSE June 13, 2006 and Border Protection has also listed this senger rail in this country. Every Industrialized go back on our word. Let me also say project as its highest priority on the southern country in the world is investing heavily in rail that Amtrak promotes fuel conserva- border and the President requested $42 mil- infrastructure because they realize that this is tion. At this time, when we are all sen- lion for design funds in the Fiscal Year 2007 the future of transportation. But sadly, as there sitive about that, it is something that budget. systems get bigger and better, our system we ought to consider. Clearly, these vital projects must not be cut gets less and less money. A recent study by the Oak Ridge Na- precisely when we are trying to fix our broken President Bush has a lot of wacky ideas for tional Laboratory shows Amtrak con- borders. In light of our heightened security dealing with the high gas prices he created, sumes 17 percent less energy per pas- needs, particularly at our southern border, I but I can assure him that as prices climb to $4 senger than automobiles and 18 percent urge a ‘‘no’’ vote on this amendment. per gallon, you are going to see American’s less than planes. Amtrak is an essen- Mr. OBERSTAR. Mr. Chairman, I lining up to use a passenger rail system that tial service. Support this amendment. yield myself 30 seconds. has been neglected by this very Administra- Mr. OBERSTAR. Mr. Chairman, I First of all, the gentleman from tion. But what more do you expect when you yield myself the balance of my time. Texas and the gentleman from Arizona put J.R. Ewing in the White House. The Inspector General at the DOT are dead wrong. Our offset does not Once again we see the Bush Administration has said to maintain the currently con- touch the border stations. In fact, the paying for its failed policies by cutting funds to figured system in a steady state of re- Nogales is registered in the bill at $9.8 vital public services and jeopardizing more pair, Amtrak would need $1.4 billion. million; San Luis has $42 million. We American jobs. This Administration sees noth- They can’t function at a lesser number. do not touch any of the border sta- ing wrong with taking money from the hard But despite chronic underfunding, Am- tions. working Amtrak employees who work day and trak has made significant performance In fact, the offsets are minor repair night to provide top quality service to their improvements, reducing costs, increas- and alteration, $375 million. Minor con- passengers. These folks are trying to make a ing revenues, implementing reasonable struction, $10 million. Building oper- living for their families, and they don’t deserve operational reforms, building key in- ations, that is cleaning, $119 million; this shabby treatment from the President. frastructure over its 730 route miles. and the DC Old Executive Office Build- With the passage of the latest emergency Even with a starvation budget, this ing at $56 million to cover the offsets funding for the war, President Bush will have service has performed remarkably. for Amtrak. None of this is border sta- spent over $439 Billion on the war in Iraq, but Support the amendment. tions, none of it. Mr. CASTLE. Mr. Chairman, I rise in support Mr. Chairman, I yield 1 minute to the * * * * * of the amendment to restore funding for Am- gentlewoman from Florida (Ms. million, major infrastructure projects have been trak. I appreciate Mr. LATOURETTE’s work on CORRINE BROWN). completed. All with a workforce that has been Ms. CORRINE BROWN of Florida. reduced by over 4,000 employees. this effort and I thank the chairman for his will- Once again, we are up here fighting for We still have a lot of work ahead of us ingness to work with Members on this ex- the life of Amtrak, 35 years of service when it comes to Amtrak. But we’re starting tremely important issue. to the public. It just amazes me that $900 million dollars closer to our goal, and I While I strongly agree that reforming our rail constantly people, the Chair of avia- know with the help of the American public, we system is essential, and I am supportive of ef- tion, billions of dollars that we have can fully fund Amtrak at $1.6 Billion and keep forts to ensure the Inspector General plays a put in aviation, billions of dollars, and Amtrak running long into the future. key role in the rail system’s oversight, the yet it doesn’t pay for itself, and we do Mr. LATOURETTE. Mr. Chairman, I level of funding included in this bill is simply not want zero funding for Amtrak. yield 1 minute to the gentleman from unrealistic. This administration constantly, con- New York (Mr. SWEENEY), who offered a Unlike aviation and highways, there is no stantly cut down the funds for Amtrak. similar amendment during the full dedicated fund for investing in passenger rail This administration has come up with committee markup to try to save Am- development. Although these other modes rely a lot of wacky ideas, but let me tell trak. on user fees for a great deal of their funding, you something. When gasoline will go (Mr. SWEENEY asked and was given they still receive a large amount from the gen- up to $4 a gallon, you are going to see permission to revise and extend his re- eral fund. In addition, these other modes all a lot of people lining up to take Am- marks.) operate on predominantly federally owned or trak. Mr. SWEENEY. Mr. Chairman, I federally assisted infrastructure, and rely With the passage of the latest emer- thank the gentleman for yielding me largely on Government-supported security, re- gency funding, President Bush will time. search, and traffic controllers. have spent over $439 billion on the war Mr. Chairman, in the brief time I Rather than constantly looking for ways to in Iraq, but we don’t want to spend have, I want to just say that I want to shortchange passenger rail, we should be money for Amtrak. During Hurricane echo the words of my friend, Mr. working on a comprehensive strategy to make Katrina, the way the victims and first REHBERG, that Amtrak is an essential Amtrak the best high-speed rail system in the responders were able to leave the gulf service in my part of the country. But world. region and the New Orleans area was we have had this debate every year, When you consider the fact that 20 percent through Amtrak, Amtrak. and we go through this process in each of all Americans live in the North-East and ap- Mr. Chairman, this year, Amtrak is cele- of those years. proximately 1,700 commuter trains travel the brating 35 years of public service to this nation Last year, in particular, we had a Northeast Corridor everyday, we need to seri- through it’s commitment to passenger rail. very strong and vigorous debate in ously consider the amount of congestion and I travel all over the country and the people which we were threatened with a veto overcrowding that would occur if these trains I talk to love Amtrak. It is a great way to com- at one point and demanded reforms. stopped running. mute to work, it takes cars off our already con- This $900 million allocation is a shut- Passenger rail can be extremely effective in gested highways, and in many areas of the down number for Amtrak, and it would relieving congestion, cutting pollution, and low- country is the only mode of transportation come at the worst possible time to shut ering our demand for oil while creating jobs available. In fact, ridership has increased in 8 down Amtrak. and increasing security. We have barely of the last 9 years reaching a record level of This is because it is part of those re- scratched the surface of passenger rail’s po- over 25 million passengers last year. It is also forms. Amtrak was required to insti- tential, and a commitment from Congress to important to note that Amtrak’s long distance tute new acting procedures. It was re- improving the viability of this system could trains are the only inner city passenger trains quired to institute new service con- lead to greatly expanded possibilities. in half the states in America. tracts and plans. It was required to put In addition, it is my firm belief that improving Amtrak was also a First Responder during in place a new business plan. The De- passenger rail service in this country depends hurricane Katrina, and helped evacuate thou- partment of Transportation Inspector on strong and experienced leadership at Am- sands of Gulf region residents while President General just issued a report from Sep- trak. Unfortunately, over the past year, the Bush and his Administration were nowhere to tember 2005 to March 2006. Amtrak Board has made several important de- be found. Now they are becoming a key part Amtrak has saved in excess of $19 cisions, despite the fact that close to half of its in each states future evacuation plans. million with the institution of these seats remain empty. Now what I can’t understand is why the new reform plans that we demanded of Frankly, I believe the failure to appoint a Bush Administration is trying to destroy pas- them. To now shut them down would fully functioning Amtrak Board is disgraceful,

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\A13JN7.030 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3833 and it stands as an enormous disadvantage and tear on roads, protecting our environment, tration who can help us resolve the infor this rail system. Members of Congress can and preserving open space across the coun- adequate reporting. stress the need for accountability and reform try. That reporting is necessary to ensure until we turn blue in the face—but in the end, On May 1, Amtrak celebrated 35 years of that railroad crossings frequently used what Amtrak really needs is leaders with vi- service to our Nation. We celebrated Amtrak by school buses are in compliance with sion, who attend and participate in board for its ability to integrate small communities Federal safety requirements. Title 23, meetings and who are genuinely committed to with large cities by providing economic expan- section 646.214 of the Code of Federal improving passenger rail. sion, increased mobility, and environmentally regulations requires that crossings be Everything starts with the leadership pro- sound transit. equipped with ‘‘automatic gates with vided by this board, and as we work to ensure That is why I support the amendment of- flashing light signals’’ when a ‘‘sub- adequate funding for passenger rail, it is cru- fered by Representative LATOURETTE that stantial number of school buses cross.’’ cial that Congress continue to advocate for a would increase Amtrak funding. Now is not the Setting aside the issue that any fully functioning Amtrak Board of Directors. time for us to cut funding for mass transpor- school bus with children in it is sub- The facts are clear; Amtrak needs Federal tation. I urge my colleagues to support Amtrak stantial, when it comes to children’s support to survive, just like highways, ports, and vote for the Oberstar/LaTourette amend- safety, it is impossible for school dis- and airlines. America is a world leader in all ment. tricts, public utility commissions, and other modes of transportation. When it comes Mr. FITZPATRICK of Pennsylvania. Mr. the Department of Transportation to to rail, we are quickly falling behind. Chairman, as cochair of the Passenger Rail know whether any school buses are Mr. Chairman, many Americans, including Caucus, I urge you to support th LaTourette- crossing gated or ungated tracks if this thousands in my state, depend on Amtrak for Oberstar amendment to the FY07 Transpor- information is not reported. both business and pleasure. Instead of short- tation, Treasury and HUD Appropriations bill. Mr. KNOLLENBERG. Would the gen- changing the organization, we should work to- The amendment will increase funding for Am- tleman yield? gether to improve passenger rail. trak to a total of $1.114 billion, an increase of Mr. KUCINICH. I certainly would. Mr. HOLT. Mr. Chairman, I rise today to $214 million. Mr. KNOLLENBERG. I would be support the amendment offered by Represent- The FY 2007 TTHUD appropriations bill pro- happy to accept the amendment. Your ative LATOURETTE to fully fund Amtrak. vides only $900 million for Amtrak, $412 mil- amendment, I think, is a good one. In fiscal year 2006, the Bush administration lion less than the FY 2006 enacted level and Mr. KUCINICH. I want to thank the attempted to only provide $360 million to $698 million less than Amtrak requested in chairman for his assistance, and I maintain commuter and freight service oper- order to continue operation and invest in cap- know that the parents of school chil- ated by Amtrak. With a great deal of support ital. I am concerned that the current funding dren all over this country will be grate- from many parts of America, Amtrak funding level in the bill would leave the rail system in- ful to you for your concern. Thank you was restored to $1.3 billion. capable of providing sufficient service to Am- very much. Once again we are considering a bill that trak’s 25 million customers—many of whom The CHAIRMAN. The question is the underfunds Amtrak needs to maintain its cur- are my constituents of the 8th Congressional amendment offered by the gentleman rent operations. Amtrak is funded at a mere District of Pennsylvania on the Northeast Cor- from Ohio (Mr. KUCINICH). 900 million to continue its operations and ridor. The amendment was agreed to. make capital improvements. This is 33 percent The Department of Transportation’s Inspec- b 1730 less than current funding levels for Amtrak. tor General has stated that the status quo This is $698 million less than Amtrak re- funding option for Amtrak is unsustainable. AMENDMENT OFFERED BY MS. BEAN quested to continue operations and invest in The Inspector General also stated that post- Ms. BEAN. Mr. Chairman, I offer an capital. The Oberstar/LaTourette amendment ponement of maintenance—especially on amendment. increases funding for Amtrak to $1.114 billion. heavily traveled Northeast Corridor increases The Clerk read as follows: The Northeast Corridor relies heavily on the risk of accident. Amendment offered by Ms. BEAN: Amtrak’s infrastructure and skilled workers. Today, as Americans are facing sky- Page 2, line 11, after the first dollar New Jersey Transit estimates that over 77 rocketing energy prices and increasingly over- amount, insert the following ‘‘(reduced by percent of its daily passengers would be af- crowded roads, it is crucial that we invest in $2,700,000)’’. fected if—New Jersey Transit could no longer Page 2, line 22, after the dollar amount, in- our national passenger rail system. sert the following: ‘‘(reduced by $2,700,000)’’. operate its trains over tracks owned by Am- I urge you to join us in preserving transpor- Page 4, line 6, after the dollar amount, in- trak. tation options for our constituents and support sert the following: ‘‘(reduced by $4,000,000)’’. Many of my colleagues contend that the the LaTourette-Oberstar amendment. Page 32, line 22, after the dollar amount, Northeast Corridor is the only area that de- The CHAIRMAN. The question is on insert the following: ‘‘(increased by pends on Amtrak. This is simply not true. Ac- the amendment offered by the gen- $6,700,000)’’. cording to a report recently published by the tleman from Ohio (Mr. LATOURETTE). Page 32, line 23, after the dollar amount in- Government Accountability Office, across the The question was taken; and the sert ‘‘(increased by $6,700,000)’’. country 18 different commuter agencies de- Chairman announced that the ayes ap- Ms. BEAN (during the reading). Mr. pend on the infrastructure and services that peared to have it. Chairman, I ask unanimous consent Amtrak provides, including commuter rail Mr. KNOLLENBERG. Mr. Chairman, that the amendment be considered as agencies in Dallas and Seattle. There are cur- I demand a recorded vote. read and printed in the RECORD. rently seven new agencies being planned The CHAIRMAN. Pursuant to clause The CHAIRMAN. Is there objection across the country as well. If we do not con- 6 of rule XVIII, further proceedings on to the request of the gentlewoman tinue to fund Amtrak at the levels they need to the amendment offered by the gen- from Illinois? function, a shutdown is imminent. This would tleman from Ohio will be postponed. There was no objection. be detrimental to commuter rail agencies that AMENDMENT OFFERED BY MR. KUCINICH Ms. BEAN. Mr. Chairman, I rise depend on Amtrak-owned tracks and infra- Mr. KUCINICH. Mr. Chairman, I offer today to offer an amendment that structure and skilled Amtrak employees. an amendment. would increase funding for the Na- The GAO confirms the effect a shutdown of The Clerk read as follows: tional Highway Traffic Safety Admin- Amtrak would cause: ‘‘Given the dependence Amendment offered by Mr. KUCINICH: istration’s Operations and Research ac- of more commuter rail agencies on Amtrak for Page 2, line 11, after the dollar amount, in- count by $6.7 million. The amendment services and infrastructure, an abrupt Amtrak sert ‘‘(reduced by $70,000)’’. offsets this increase by decreasing $2.7 cessation would likely result in major disrup- Page 37, line 4, after the dollar amount in- million in funding from the Office of tion or shutdowns of commuter rail service sert ‘‘(increased by $70,000)’’. the Assistant Secretary for Adminis- throughout the country.’’ Mr. KUCINICH. Mr. Chairman, I rise tration and $4 million from transpor- We have a responsibility to promote mass today out of deep concern for the safe- tation planning and research account. transit and provide adequate funding for ty of children who ride school buses The intent of my amendment is to di- States and local transit authorities to move over railroad tracks in Ohio and across rect the Office of Fuel Economy to use passengers effectively. Rail transportation is the country. My amendment will en- these funds to assess how to best essential for easing traffic congestion in our sure that there is a person working full incentivize the auto industry to in- most densely populated areas, reducing wear time in the Federal Railroad Adminis- crease corporate average fuel economy,

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.044 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3834 CONGRESSIONAL RECORD — HOUSE June 13, 2006 CAFE, standards by the year 2015. It is several years. The office, which was transportation planning research and my hope that this will accelerate adop- funded at $60,000 in fiscal year 2001, was development which with $9 million left tion of increased fuel efficiency stand- funded at almost $1.3 million last year. in the account still has more than the ards by having the office considering Giving NHTSA’s CAFE office an extra President requested in his budget sub- options like tax credits to retooling $6.7 million would likely result in the mission by almost $100,000. their manufacturing processes for pro- money simply being unspent. So I think this is a worthwhile place duction of more fuel efficient vehicles. I am unsure what benefit will be to put some money and make certain This would provide manufacturers with gained by the public if the CAFE office that NHTSA can deal with that as an economically viable way to increase were to be given $6.5 million that they quickly as possible. fuel economy for passenger cars and realistically cannot spend. Certainly, it Ms. BEAN. Mr. Chairman, will the light trucks. would not result in fuel economy gentleman yield? Particularly in suburban districts standards being raised faster, which I Mr. OLVER. I yield to the gentle- like mine, families are plagued by assume is the gentlewoman’s ultimate woman from Illinois. heavy traffic and congestion and are intent. Ms. BEAN. Mr. Chairman, the Amer- burdened by the price of gasoline. The So I strongly urge opposition to this ican people are looking to Congress for high gas prices we are facing today can amendment. leadership in addressing rising energy only be addressed by a serious, long- Mr. OLVER. Mr. Chairman, I move to costs. In the last few weeks, different term effort to reduce our dependence strike the last word. proposals for increasing our energy on foreign oil. Mr. Chairman, I am going to support supply have come before us. However, By voting for my amendment, we can this amendment. It seems to me that if few proposals have been offered to ad- give the Office of Fuel Economy the re- we are to move toward energy inde- dress the demand side of the energy sources necessary to start providing so- pendence, and particularly, if we are equation. ever going to get away from our de- lutions on the demand side of the en- For too long, Congress has allowed a pendence on Middle Eastern oil, with ergy equation. stalemate on innovation and fuel effi- all the uncertainty and all of the prob- Mr. KNOLLENBERG. Mr. Chairman, ciency. This amendment does not man- lems that go along with that, which we I rise in opposition to the amendment. date increases but, instead, funds re- have seen much of, then our largest I appreciate the intent of the gentle- search into options. woman’s amendment. We all want bet- and fastest gains that can possibly be My amendment gives this Congress ter fuel economy. However, I must op- made are in increasing the efficiency of an opportunity to strike a balance be- pose the gentlewoman’s amendment for the use of our motor vehicles. tween keeping auto makers competi- a number of reasons. At least a third of all of the oil that tive, by addressing the economic im- There are times when throwing addi- we use in this country goes into our pact on them, with the pressing needs tional money at a problem is not going transportation sector and to the use of of American drivers, because both man- to solve it, and this is one of those our motor vehicles, and we desperately ufacturers and consumers are looking times. All that is needed here is time. need to increase the efficiency of those. for an economically viable solution to- Giving the National Highway Traffic That is the fastest thing that we can ward the advancement in the fuel effi- Safety Administration more money put into place, much faster than the ciency of the cars and trucks we drive. will not speed up the process whereby work on a hydrogen economy or an fuel economy standards would be ethanol economy or fuel cells or any Let us help the Office of Fuel Econ- raised. Even if Congress passed a bill one of those. The efficiency of the omy facilitate public/private partner- tomorrow ordering NHTSA to raise present fleet and vehicles to be sold in ship solutions to meet the energy de- fuel economy standards, it would take the near future becomes important. mand challenges our Nation is facing. a minimum of 9 months for a rule to be So I think it is very important that I urge my colleagues to support this proposed and finalized. This is because when the Energy and Commerce Com- amendment. NHTSA would need the detailed prod- mittee bill, H.R. 5359, which provides The CHAIRMAN. The question is on uct plans from every major auto manu- the authority for the Secretary of the amendment offered by the gentle- facturer on every model they make be- Transportation to set economy stand- woman from Illinois (Ms. BEAN). fore they could draft such a rule, and ards for passenger cars, when that The question was taken; and the assembling these documents takes which is pending on the House cal- Chairman announced that the noes ap- time. endar, it has been reported out of the peared to have it. Moreover, under law, there would Energy and Commerce Committee and Ms. BEAN. Mr. Chairman, I demand a have to be a reasonable comment pe- it is pending on the House calendar, recorded vote. riod of 90 days so the public could that when that is passed that there be The CHAIRMAN. Pursuant to clause weigh in on any proposed rule. the resources available at NHTSA to be 6 of rule XVIII, further proceedings on Finally, any proposed rule would able to evaluate the technologies and the amendment offered by the gentle- have to be cleared by the Office of the capability of the automobile industry woman from Illinois will be postponed. Secretary of Transportation and the to improve fuel economy as fast as it AMENDMENT OFFERED BY MR. ISRAEL Office of Management and Budget, and can reasonably be done. Mr. ISRAEL. Mr. Chairman, I offer that is just the beginning. When NHTSA was first created 30 an amendment. Auto makers also need time, which years ago, and I guess it was when they The Clerk read as follows: they are provided under the law, to re- were first given the job at looking at Amendment offered by Mr. ISRAEL: tool their product lines to comply with CAFE standards, they were given $10 Page 2, line 11, after the first dollar the new regulations. For instance, the million at the first instance 30 years amount, insert the following: ‘‘(reduced by auto makers are already developing ago to set fuel economy standards, and $4,724,000)’’. their product lines for the 2010 model now $10 million today would probably Page 49, line 8, after the dollar amount, in- year. be something like $40 million. sert the following: ‘‘(increased by As I said at the beginning, this just All the gentlewoman from Illinois is $9,448,000)’’. takes time, roughly 27 months worth of asking for here is an increase from $1.3 Page 63, line 20, after the dollar amount, time. NHTSA has already been tasked million to which the NHTSA account insert the following: ‘‘(reduced by with studying the feasibility and ef- for fuel economy has been reduced to $4,724,000)’’. fects of reducing the use of fuel for bring that up to $8 million, and the off- Mr. ISRAEL (during the reading). automobiles. This report, required by sets in this instance are $2.7 million, Mr. Chairman, I ask unanimous con- section 773 of the energy bill, is due to which still leaves the account for the sent that the amendment be considered Congress later this year. Office of the Secretary at 7 percent, alas read and printed in the RECORD. I would also like to point out to most $6 million above what it was in The CHAIRMAN. Is there objection Members that this committee has al- fiscal year 2006, even after that $2.7 to the request of the gentleman from ready significantly increased funding million is taken out. The other part of New York? for NHTSA’s CAFE office over the past the offset is $4 million taken from the There was no objection.

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.106 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3835 Mr. ISRAEL. Mr. Chairman, my I appreciate his sentiment, but we al- tleman from New York will be post- amendment restores funding for cer- ready gave more than the guarantees, poned. tain advanced energy research pro- and the guarantees are killing other The Clerk will read. grams to last year’s levels. That re- programs, both transportation and ev- The Clerk read as follows: search is absolutely critical to reduc- erything else. Repeatedly I see already OFFICE OF CIVIL RIGHTS ing our dependence on foreign oil. that the Treasury continues to get hit For necessary expenses of the Office of The funding in this bill for research over and over. Civil Rights, $8,821,000. and university resource centers is We provide a greater level of funding TRANSPORTATION PLANNING, RESEARCH, AND $9,448,000 below last year’s levels, and in 2007 to address two problems. We DEVELOPMENT those are the very centers that are re- needed to fix a problem with For necessary expenses for conducting searching and developing hydrogen and SAFETEA–LU since the authorizing transportation planning, research, systems development, development activities, and hybrid and other advanced transpor- committee identified more projects and making grants, to remain available until ex- tation technologies. activities than were provided for under pended, $13,000,000. Now, we all understand how vital the guarantees. We covered that prob- WORKING CAPITAL FUND that research and development is. The lem and found the money for the fix in Necessary expenses for operating costs and President of the United States on this order to keep the program going. We capital outlays of the Working Capital Fund, floor during the State of the Union pro- added these funds to cover some initia- not to exceed $120,000,000, shall be paid from claimed that we must reduce our addic- tives important to other Members. appropriations made available to the Depart- tion to foreign oil. Anyone in their cars The gentleman proposes to add ment of Transportation: Provided, That such at a gas station today, as we are on the money for alternative fuels research. services shall be provided on a competitive basis to entities within the Department of floor, paying over $3 a gallon for gas However, most of that research is fund- Transportation: Provided further, That the understands how important it is that ed out of DOE and NHTSA. This ac- above limitation on operating expenses shall we reduce that addiction to foreign oil. count is for research into transit, as I not apply to non-DOT entities: Provided fur- I am a member of the Armed Services repeated, and I urge a ‘‘no’’ vote on ther, That no funds appropriated in this Act Committee. Our military understands this amendment. to an agency of the Department shall be how critical that is. Last year, the De- Mr. OLVER. Mr. Chairman, I move to transferred to the Working Capital Fund partment of Defense spent $10 billion without the approval of the agency modal strike the last word. administrator: Provided further, That no as- on basic energy costs. Of that, $4.7 bil- This amendment that is offered by sessments may be levied against any pro- lion was spent to buy one thing, fuel my good friend from New York, this gram, budget activity, subactivity or project for Air Force planes. amendment does exactly what I had funded by this Act unless notice of such as- I was in Iraq last month and was on spoken about in my opening remarks sessments and the basis therefor are pre- a wonderful Stryker combat vehicle. It in relation to this bill and which the sented to the House and Senate Committees gets about 10 miles to the gallon. chairman of the subcommittee has on Appropriations and are approved by such Committees. It is dangerous, Mr. Chairman, when pointed out as well, that this amend- we have to borrow money from China ment starts by adding money, assuring MINORITY BUSINESS RESOURCE CENTER PROGRAM to fund defense budgets to buy oil from money to already what is one of the unstable Persian Gulf countries to fuel For the cost of guaranteed loans for short- guaranteed items under the TEA–LU term working capital, $495,000, as authorized our military to protect us from China guarantees, which those guarantees by 49 U.S.C. 332: Provided, That such costs, and unstable Persian Gulf countries. had to be provided in order to bring the including the cost of modifying such loans, We have all talked about having men bill to the floor at all. shall be as defined in section 502 of the Con- on the Moon, research and development This is not a rearrangement of mon- gressional Budget Act of 1974: Provided fur- programs to end that dangerous de- eys as the previous case was where I ther, That these funds are available to sub- pendence on foreign oil. We have had supported the Amtrak amendment sidize total loan principal, any part of which talked about having new Apollo pro- is to be guaranteed, not to exceed $18,367,000. because, in that instance, the Trans- In addition, for administrative expenses to grams to research and develop new ve- portation and Infrastructure Com- carry out the guaranteed loan program, hicles, not lunar landing modules that mittee was moving money around to- $396,000. will put people on the Moon, but hydro- tally within its jurisdiction, and I MINORITY BUSINESS OUTREACH gen and hybrid vehicles that will make thought that was something that was For necessary expenses of Minority Busi- it easier and safer and less expensive worth supporting. ness Resource Center outreach activities, for people to drive on our roads here on b 1745 $2,970,000, to remain available until Sep- Earth. And yet, this bill cuts $9.5 mil- tember 30, 2008: Provided, That notwith- lion from the very research centers In this instance, what we are doing is standing 49 U.S.C. 332, these funds may be that are engaged in deploying those ve- taking money from one of the places in used for business opportunities related to hicles. the bill which has no guarantees for any mode of transportation. This is not a giant leap for mankind. minima along the way, namely the PAYMENTS TO AIR CARRIERS This is not even one small step for Treasury, a totally different unit of the (AIRPORT AND AIRWAY TRUST FUND) mankind. It is a step backwards, and so bill, a totally different title of the bill, (INCLUDING TRANSFER OF FUNDS) my amendment does not go above last and simply grabs those and moves In addition to funds made available from year’s level. It does not take a giant them over to an area which is already any other source to carry out the essential under the guarantees of the TEA-LU air service program under 49 U.S.C. 41731 leap that I think we need. All it does is through 41742, $67,000,000, to be derived from it keeps us steady so we do not con- bill. the Airport and Airway Trust Fund, to re- tinue to lose ground to the very adver- Under those circumstances, I must, main available until expended: Provided, saries we have around the world who regretfully for the gentleman from New That, in determining between or among car- are willing to use oil as a weapon York, oppose the amendment; and I riers competing to provide service to a com- against us and use oil to blackmail us hope that it will not be adopted. munity, the Secretary may consider the rel- and compromise our capabilities. The CHAIRMAN. The question is on ative subsidy requirements of the carriers: the amendment offered by the gen- Provided further, That, if the funds under this This amendment simply offsets sala- heading are insufficient to meet the costs of tleman from New York (Mr. ISRAEL). ries in the Treasury and Transpor- the essential air service program in the cur- tation accounts and restores $9,448,000 The question was taken; and the rent fiscal year, the Secretary shall transfer for basic research at the research and Chairman announced that the noes ap- such sums as may be necessary to carry out university research centers to continue peared to have it. the essential air service program from any our vital work, and I hope that the RECORDED VOTE available amounts appropriated to or di- House will agree to it and support it. Mr. ISRAEL. Mr. Chairman, I de- rectly administered by the Office of the Sec- Mr. KNOLLENBERG. Mr. Chairman, mand a recorded vote. retary for such fiscal year: Provided further, That of the funds made available under this I rise in strong opposition to the gen- A recorded vote was ordered. heading, $1,000,000 shall be used to carry out tleman’s amendment. The CHAIRMAN. Pursuant to clause the three marketing incentive programs au- The account he seeks to increase is 6 of rule XVIII, further proceedings on thorized by section 41748 of title 49, United transit research, not fuel research, and the amendment offered by the gen- States Code.

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POINT OF ORDER ances available for the bonding assistance major repair or alteration forms: Provided Mr. MICA. Mr. Chairman, I raise a program from ‘‘Office of the Secretary, Sala- further, That of the funds appropriated under point of order against the paragraph. ries and expenses’’ to ‘‘Minority Business this heading, not less than $8,000,000 shall be The CHAIRMAN. The gentleman will Outreach’’. for the contract tower cost-sharing program: SEC. 103. None of the funds made available Provided further, That funds may be used to state his point of order. in this Act to the Department of Transpor- Mr. MICA. Mr. Chairman, I raise a enter into a grant agreement with a non- tation may be obligated for the Office of the profit standard-setting organization to assist point of order against the paragraph Secretary of Transportation to approve as- in the development of aviation safety stand- beginning at the words ‘‘to be derived sessments or reimbursable agreements per- ards: Provided further, That none of the funds from the Airport and Airway Trust taining to funds appropriated to the modal in this Act shall be available for new appli- Fund,’’ beginning on page 5, line 23, administrations in this Act, except for ac- cants for the second career training pro- and ending on line 24. tivities underway on the date of enactment gram: Provided further, That none of the This provision violates clause 2 of of this Act, unless such assessments or funds in this Act shall be available for pay- rule XXI. It changes existing law and agreements have completed the normal re- ing premium pay under 5 U.S.C. 5546(a) to programming process for Congressional noti- any Federal Aviation Administration em- therefore constitutes legislating on an fication. appropriations bill in violation of ployee unless such employee actually per- SEC. 104. None of the funds made available formed work during the time corresponding House rules. under this Act may be obligated or expended to such premium pay: Provided further, That The CHAIRMAN. Does any Member to establish or implement a program under none of the funds in this Act may be obli- wish to be heard on the point of order? which essential air service communities are gated or expended to operate a manned aux- If not, the Chair is prepared to rule. required to assume subsidy costs commonly iliary flight service station in the contiguous The provision would provide that referred to as the EAS local participation United States: Provided further, That none of funding for payments to air carriers be program. the funds in this Act for aeronautical chart- derived from the Airport and Airway FEDERAL AVIATION ADMINISTRATION ing and cartography are available for activi- Trust Fund. Authorization in law may OPERATIONS ties conducted by, or coordinated through, exist for this funding from general rev- (INCLUDING TRANSFER OF FUNDS) the Working Capital Fund: Provided further, For necessary expenses of the Federal That none of the funds in this Act may be enues, but no specific authorization in obligated or expended for an employee of the law exists for this funding to be derived Aviation Administration, not otherwise provided for, including operations and research Federal Aviation Administration to purchase from the trust fund. activities related to commercial space trans- a store gift card or gift certificate through The Chair finds that in this latter re- portation, administrative expenses for reuse of a Government-issued credit card. spect the provision is not supported by search and development, establishment of FACILITIES AND EQUIPMENT an authorization in law. This is con- air navigation facilities, the operation (in- (AIRPORT AND AIRWAY TRUST FUND) sistent with the ruling of the Chair of cluding leasing) and maintenance of aircraft, For necessary expenses, not otherwise pro- June 29, 2005. The point of order is sus- subsidizing the cost of aeronautical charts vided for, for acquisition, establishment, tained and the provision is stricken and maps sold to the public, lease or pur- technical support services, improvement by from the bill. chase of passenger motor vehicles for re- contract or purchase, and hire of air naviga- The Clerk will read. placement only, in addition to amounts tion and experimental facilities and equip- The Clerk read as follows: made available by Public Law 108–176, ment, as authorized under part A of subtitle $8,360,000,000, of which $4,843,000,000 shall be COMPENSATION FOR AIR CARRIERS VII of title 49, United States Code, including derived from the Airport and Airway Trust initial acquisition of necessary sites by lease (RESCISSION) Fund, of which not to exceed $6,698,728,000 or grant; engineering and service testing, in- Of the funds made available under section shall be available for air traffic organization cluding construction of test facilities and ac- 101(a)(2) of Public Law 107–42, $50,000,000 are activities; not to exceed $997,718,000 shall be quisition of necessary sites by lease or grant; rescinded. available for aviation regulation and certifi- construction and furnishing of quarters and ADMINISTRATIVE PROVISIONS—OFFICE OF THE cation activities; not to exceed $11,985,000 related accommodations for officers and em- SECRETARY OF TRANSPORTATION shall be available for commercial space ployees of the Federal Aviation Administra- SEC. 101. The Administrator of the Federal transportation activities; not to exceed tion stationed at remote localities where Aviation Administration may reimburse $92,227,000 shall be available for financial such accommodations are not available; and amounts made available to satisfy 49 U.S.C. services activities; not to exceed $87,850,000 the purchase, lease, or transfer of aircraft 41742(a)(1) from fees credited under 49 U.S.C. shall be available for human resources pro- from funds available under this heading; to 45303: Provided, That during fiscal year 2007, gram activities; not to exceed $272,821,000 be derived from the Airport and Airway 49 U.S.C. 41742(b) shall not apply, and any shall be available for region and center oper- Trust Fund, $3,110,000,000, of which amount remaining in such account at the ations and regional coordination activities; $2,662,100,000 shall remain available until close of that fiscal year may be made avail- not to exceed $175,392,000 shall be available September 30, 2009, and of which $447,900,000 able to satisfy section 41742(a)(1) for the sub- for staff offices; and not to exceed $36,799,000 shall remain available until September 30, sequent fiscal year. shall be available for information services: 2007: Provided, That there may be credited to Provided, That not to exceed 2 percent of any POINT OF ORDER this appropriation funds received from budget activity, except for aviation regula- Mr. MICA. Mr. Chairman, I raise a States, counties, municipalities, other public tion and certification budget activity, may authorities, and private sources, for expenses point of order against section 101. be transferred to any budget activity under The CHAIRMAN. The gentleman will incurred in the establishment and mod- this heading: Provided further, That no trans- ernization of air navigation facilities: Pro- state his point of order. fer may increase or decrease any appropria- Mr. MICA. Mr. Chairman, I raise a vided further, That upon initial submission to tion by more than 2 percent: Provided further, the Congress of the fiscal year 2008 Presi- point of order against page 6, line 22, That any transfer in excess of 2 percent shall dent’s budget, the Secretary of Transpor- beginning with ‘‘provided, that’’ be treated as a reprogramming of funds tation shall transmit to the Congress a com- through line 26. under section 810 of this Act and shall not be prehensive capital investment plan for the This proviso violates clause 2 of rule available for obligation or expenditure ex- Federal Aviation Administration which in- XXI. It changes existing law, which cept in compliance with the procedures set cludes funding for each budget line item for forth in that section: Provided further, That fiscal years 2008 through 2012, with total constitutes legislating on an appropria- none of the funds in this Act shall be avail- tions bill in violation of House rules. funding for each year of the plan constrained able for the Federal Aviation Administration to the funding targets for those years as esti- The CHAIRMAN. Does any Member to finalize or implement any regulation that wish to be heard on the point of order? mated and approved by the Office of Manage- would promulgate new aviation user fees not ment and Budget. If not, the Chair is prepared to rule. specifically authorized by law after the date The Chair finds that this proviso of the enactment of this Act: Provided fur- RESEARCH, ENGINEERING, AND DEVELOPMENT changes the application of existing law. ther, That there may be credited to this ap- (AIRPORT AND AIRWAY TRUST FUND) The proviso therefore constitutes legis- propriation funds received from States, For necessary expenses, not otherwise pro- lation in violation of clause 2 of rule counties, municipalities, foreign authorities, vided for, for research, engineering, and de- XXI. The point of order is sustained other public authorities, and private sources, velopment, as authorized under part A of for expenses incurred in the provision of subtitle VII of title 49, United States Code, and the proviso is stricken from the agency services, including receipts for the including construction of experimental fa- bill. maintenance and operation of air navigation cilities and acquisition of necessary sites by The Clerk will read. facilities, and for issuance, renewal or modi- lease or grant, $134,000,000, to be derived from The Clerk read as follows: fication of certificates, including airman, the Airport and Airway Trust Fund and to SEC. 102. The Secretary of Transportation aircraft, and repair station certificates, or remain available until September 30, 2009: is authorized to transfer the unexpended bal- for tests related thereto, or for processing Provided, That there may be credited to this

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.115 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3837 appropriation funds received from States, POINT OF ORDER nect people to the services they need, counties, municipalities, other public au- Mr. MICA. Mr. Chairman, I raise a services that help adults become eco- thorities, and private sources, for expenses point of order against another provi- nomically self-sufficient, provide chil- incurred for research, engineering, and de- sion of the paragraph. dren safe places to grow and learn, and velopment. The CHAIRMAN. The gentleman will allow the elderly and persons with dis- GRANTS-IN-AID FOR AIRPORTS state his point of order. abilities to live independently. (LIQUIDATION OF CONTRACT AUTHORIZATION) Mr. MICA. I raise a point of order Public housing funding has been de- (LIMITATION ON OBLIGATIONS) against page 13, line 17, beginning with clining since 2001. Despite the esti- (AIRPORT AND AIRWAY TRUST FUND) the words ‘‘Provided further’’ through mated $100 billion value of public hous- (INCLUDING TRANSFER OF FUNDS) line 25. ing assets to our communities, this bill For liquidation of obligations incurred for This provision also violates clause 2 does not provide funding necessary to grants-in-aid for airport planning and devel- of rule XXI. It changes existing law maintain them for the long run. Total opment, and noise compatibility planning and therefore constitutes legislating on Federal funding for public housing has and programs as authorized under sub- an appropriations bill in violation of dropped precipitously over this decade. chapter I of chapter 471 and subchapter I of House rules. The bill before us provides $1.4 billion chapter 475 of title 49, United States Code, less than provided for funding year and under other law authorizing such obliga- The CHAIRMAN. Does any Member wish to be heard on the point of order? 2001, that is, the President’s budget for tions; for procurement, installation, and funding year 2007 requests nearly $1.5 commissioning of runway incursion preven- If not, the Chair is prepared to rule. tion devices and systems at airports of such The Chair finds that this proviso ex- billion less for public housing than title; for grants authorized under section plicitly supercedes existing law. The Congress provided for funding year 41743 of title 49, United States Code; and for proviso, therefore, constitutes legisla- 2001. inspection activities and administration of tion in violation of clause 2 of rule This drop in resources has con- airport safety programs, including those re- XXI. strained local agencies’ ability to ad- lated to airport operating certificates under The point of order is sustained and dress safety and security needs, provide section 44706 of title 49, United States Code, the proviso is stricken from the bill. valuable services to those seeking eco- $4,171,000,000 to be derived from the Airport nomic self-sufficiency and independent AMENDMENT OFFERED BY MS. WATERS and Airway Trust Fund and to remain avail- living, and undermines agencies’ abil- able until expended: Provided, That none of Ms. WATERS. Mr. Chairman, I offer ity to meet the recent surge in utility the funds under this heading shall be avail- an amendment, and I ask unanimous able for the planning or execution of pro- costs. This decline in funding is most consent to have it considered out of egregious in the area of capital repair grams the obligations for which are in excess order. of $3,700,000,000 in fiscal year 2007, notwith- funding. standing section 47117(g) of title 49, United The CHAIRMAN. Without objection, Public housing faces an estimated $18 States Code: Provided further, That none of the amendment may be considered at billion backlog of capital repairs. Ac- the funds under this heading shall be avail- this time. cording to a HUD-funded study, an ad- able for the replacement of baggage con- There was no objection. ditional $2 billion in capital repair veyor systems, reconfiguration of terminal Mr. KNOLLENBERG. Mr. Chairman, needs accrues each year as buildings baggage areas, or other airport improve- I reserve a point of order against the age. The President’s budget and this ments that are necessary to install bulk ex- amendment. bill cuts funding for the public housing plosive detection systems: Provided further, The CHAIRMAN. The gentleman re- That notwithstanding any other provision of capital funds for major repairs by $261 law, of funds limited under this heading, up serves a point of order. million, that is 11 percent compared to $74,971,000 shall be obligated for adminis- The Clerk will report the amend- with last year’s funding. In fact, the tration, up to $10,000,000 shall be available ment. capital fund has been cut each year for the airport cooperative research pro- The Clerk read as follows: since 2001, declining a total of 27 per- gram, up to $12,000,000 shall be available to Amendment offered by Ms. WATERS: cent over 6 years if this budget is en- carry out the Small Community Air Service Page 11, line 8, after each of the dollar acted. Development Program, and up to $17,870,000 amounts, insert the following: ‘‘(reduced by The capital funds provided in this bill shall be for airport technology research, to $261,000,000)’’. are barely sufficient to cover annually remain available until expended. Page 85, line 11, after the dollar amount, accruing needs, let alone address the POINT OF ORDER insert the following: ‘‘(increased by $261,000,000)’’. backlog of need. The National Associa- Mr. MICA. Mr. Chairman, I raise a tion of Housing and Redevelopment Of- point of order against the paragraph. Ms. WATERS (during the reading). ficials estimates that $3.5 billion is The CHAIRMAN. The gentleman will Mr. Chairman, I ask unanimous con- necessary to begin to address the back- state his point of order. sent that the amendment be considered log of need in funding year 2007. Mr. MICA. Mr. Chairman, I raise a as read and printed in the RECORD. At the same time we are cutting point of order against page 13, line 1, The CHAIRMAN. Is there objection basic capital repair funds, this bill also beginning with ‘‘; for grants’’ through to the request of the gentlewoman zeros out funding for the HOPE VI pro- page 13, line 6, ending with the word from California? gram for comprehensive revitalization ‘‘Code.’’ There was no objection. of the most distressed public housing This provision violates clause 2 of Ms. WATERS. Mr. Chairman, I be- communities as requested by the ad- rule XXI. It changes existing law and lieve that before this bill is enacted ministration. My colleague, JOHN therefore constitutes, again, legis- into law we must reverse an unwise OLVER, categorized this approach of lating on an appropriations bill in vio- pattern of disinvestment in the Na- cutting annual capital repair funding lation of House rules. tion’s public housing. Therefore, I am as, and I quote, ‘‘penny-wise and pound The CHAIRMAN. Does any Member introducing an amendment to restore foolish,’’ and that is exactly what this wish to be heard on the gentleman’s the $261 million reduction in the Public is. point of order? If not, the Chair is pre- Housing Capital Fund. Mr. Chairman, I would ask my col- pared to rule. America’s public housing inventory leagues to embrace the intent of my The provision proposes to earmark is a $100 billion public asset providing capital fund amendment in order to se- certain funds in the bill. Under clause affordable housing to 1.1 million fami- cure the ongoing viability of this valu- 2(a) of rule XXI, such an earmarking lies. Just over half of these families are able affordable housing asset. Unless must be specifically authorized by law. headed by the elderly or persons with greater measures are taken by HUD to The burden of establishing the author- disabilities, and children make up ap- preserve this affordable asset called ization in law rests in this instance proximately 40 percent of all those we public housing, this unique asset and with the committee or other proponent help. Public housing helps families and the larger continuum of a sound Fed- of the provision. the elderly in large and small commu- eral affordable housing policy will be Finding that this burden has not nities across the country in every con- degraded and eventually lost. And that been carried, the point of order is sus- gressional district. is a plan that our communities, our tained and the provision is stricken In addition to safe, decent, affordable seniors, and our families with children from the bill. housing, public housing agencies con- cannot afford.

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.047 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3838 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Mr. Chairman, in closing, let me just of order if she had not withdrawn the to grant assurances that require airport say that these are our most vulnerable amendment. That $261 million would sponsors to provide land without cost to the citizens, and they need a safety net. have protected a very important infra- FAA for air traffic control facilities. While we want them to improve their structure investment that we have. SEC. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall lives, we want them to become inde- We have $100 billion worth of housing be credited to the appropriation current at pendent. We are trying to have pro- under the public housing capital fund, the time of collection, to be merged with and grams that will transition them to and it is that capital fund which does available for the same purposes of such ap- work and out of public housing. It is the renovations, the rehabilitations, propriation. not going to happen unless we have the replacements of those facilities, SEC. 114. None of the funds appropriated or reasonable and sensible investment to and it is a very important piece which limited by this Act may be used to change make these safe, sound, and secure I have spoken about at each stage of weight restrictions or prior permission rules this process, every one of the stages, at Teterboro Airport in Teterboro, New Jer- places for our citizens to live. sey. Again, we need this in all of our con- even before, Mr. Chairman, your com- SEC. 115. (a) Section 44302(f)(1) of title 49, gressional districts. As a matter of mittee just last night about the need United States Code, is amended by striking fact, the poor have nowhere else to for additional funding in the public ‘‘2006,’’ each place it appears and inserting turn. They are depending on us. I would housing capital fund. ‘‘2007,’’. ask us not to be penny-wise and pound- I am very much hopeful that we will (b) Section 44303(b) of such title is amended foolish, but rather to make what I be able to find before this process runs by striking ‘‘2006,’’ and inserting ‘‘2007,’’. its course to the final conference re- SEC. 116. None of the funds made available think is one of the most prudent in- in this Act shall be used for engineering vestments we can make. port, that we will be able to find some work related to an additional runway at The CHAIRMAN. The time of the additional money for the public hous- Louis Armstrong New Orleans International gentlewoman from California has ex- ing capital fund so we can, in fact, do Airport. pired. something about the huge backlog FEDERAL HIGHWAY ADMINISTRATION Ms. WATERS. Mr. Chairman, I ask which has been listed by the gentle- LIMITATION ON ADMINISTRATIVE EXPENSES unanimous consent to proceed for 30 woman as close to $20 billion of back- Necessary expenses for administration and additional seconds to close this out. log in needs for capital repair and im- operation of the Federal Highway Adminis- Mr. OLVER. Mr. Chairman, I move to provements in our $100 billion of hous- tration, not to exceed $372,504,000 shall be strike the last word. ing stock. paid in accordance with law from appropria- The CHAIRMAN. The gentlewoman So that is one of the dilemmas that tions made available by this Act to the Fed- has asked unanimous consent to pro- the subcommittee, the chairman and eral Highway Administration together with ceed for 30 additional seconds. the staff and the committee as a whole advances and reimbursements received by Is there objection to the gentle- has been laboring under, and I hope to the Federal Highway Administration. woman’s unanimous consent request? find a way to provide some relief for FEDERAL-AID HIGHWAYS If not, the gentlewoman is recognized the problem. (LIMITATION ON OBLIGATIONS) for an additional 30 seconds. The CHAIRMAN. The Clerk will read. (HIGHWAY TRUST FUND) Mr. OLVER. Mr. Chairman, I moved The Clerk read as follows: (INCLUDING TRANSFER OF FUNDS) to strike the last word. GRANTS-IN-AID FOR AIRPORTS None of the funds in this Act shall be The CHAIRMAN. The Chair recog- (AIRPORT AND AIRWAY TRUST FUND) available for the implementation or execu- nizes the gentlewoman for an addi- (RESCISSION OF CONTRACT AUTHORIZATION) tion of programs, the obligations for which tional 30 seconds. Of the amounts authorized for the fiscal are in excess of $39,086,464,683 for Federal-aid Ms. WATERS. Mr. Chairman, I appre- year ending September 30, 2007 and prior highways and highway safety construction years under sections 48103 and 48112 of title programs for fiscal year 2007: Provided, That ciate the time that has been allotted within this obligation limitation on Federal- and I move to withdraw the amend- 49, United States Code, $25,000,000 are rescinded. aid highways and highway safety construc- ment. I have not been able to find the tion programs, not more than $429,800,000 funds to replace that which has been ADMINISTRATIVE PROVISIONS—FEDERAL shall be available for the implementation or cut. I appreciate the time to at least AVIATION ADMINISTRATION execution of programs for transportation re- explain it. SEC. 110. Notwithstanding any other provi- search (chapter 5 of title 23, United States The CHAIRMAN. Without objection, sion of law, airports may transfer without Code; sections 111, 5505, and 5506 of title 49, consideration to the Federal Aviation Ad- United States Code; and title 5 of Public Law the amendment is withdrawn. ministration (FAA) instrument landing sys- There was no objection. 109–59) for fiscal year 2007: Provided further, tems (along with associated approach light- That this limitation on transportation re- b 1800 ing equipment and runway visual range search programs shall not apply to any au- equipment) which conform to FAA design thority previously made available for obliga- Mr. OLVER. Mr. Chairman, I move to and performance specifications, the purchase tion: Provided further, That the funds author- strike the last word. of which was assisted by a Federal airport- ized pursuant to 23 U.S.C. 110 for the motor If I had been allowed to move to aid program, airport development aid pro- carrier safety grant program, and the obliga- strike the last word, I would have been gram or airport improvement program grant: tion limitation associated with such funds happy to yield 30 seconds to the gentle- Provided, That the Federal Aviation Admin- provided under this heading, shall be trans- woman after I made a comment which istration shall accept such equipment, which ferred to the Federal Motor Carrier Safety relates to the amendment she offered. shall thereafter be operated and maintained Administration: Provided further, That the by FAA in accordance with agency criteria. The CHAIRMAN. The gentlewoman Secretary may, as authorized by section SEC. 111. None of the funds in this Act may 605(b) of title 23, United States Code, collect asked unanimous consent to proceed be used to compensate in excess of 380 tech- and spend fees to cover the costs of services for an additional 30 seconds, and the nical staff-years under the federally funded of expert firms, including counsel, in the Chair responded to her unanimous con- research and development center contract field of municipal and project finance to as- sent request and granted her the 30 sec- between the Federal Aviation Administra- sist in the underwriting and servicing of Fed- onds that she requested. tion and the Center for Advanced Aviation eral credit instruments and all or a portion Mr. OLVER. Mr. Chairman, I just Systems Development during fiscal year of the costs to the Federal government of 2006. servicing such credit instruments: Provided want to point out that this is one of SEC. 112. None of the funds in this Act shall those cutting-the-baby-in-two kinds of further, That such fees are available until ex- be used to pursue or adopt guidelines or reg- pended to pay for such costs: Provided fur- situations that has been forced upon ulations requiring airport sponsors to pro- ther, That such amounts are in addition to the TTHUD committee by the alloca- vide to the Federal Aviation Administration administrative expenses that are also avail- tion and the relationship, the jux- without cost building construction, mainte- able for such purpose, and are not subject to taposition of guarantees under the nance, utilities and expenses, or space in air- any obligation limitation or the limitation transportation accounts and no such port sponsor-owned buildings for services re- on administrative expenses under section 608 guarantees under some of the others. lating to air traffic control, air navigation, of title 23, United States Code. or weather reporting: Provided, That the pro- (LIQUIDATION OF CONTRACT AUTHORIZATION) The $261 million that the gentle- hibition of funds in this section does not woman asked to be provided by an off- apply to negotiations between the agency (HIGHWAY TRUST FUND) set which would have placed the bill and airport sponsors to achieve agreement For carrying out the provisions of title 23, under point of order and is under point on ‘‘below-market’’ rates for these items or United States Code, that are attributable to

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.119 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3839 Federal-aid highways, not otherwise pro- the Safe, Accountable, Flexible, Efficient apply to transportation research programs vided, including reimbursement for sums ex- Transportation Equity Act: A Legacy for carried out under chapter 5 of title 23, United pended pursuant to the provisions of 23 Users and title 23, United States Code (other States Code, and title V (research title) of U.S.C. 308, $39,086,464,683 or so much thereof than to programs to which paragraphs (1) the Safe, Accountable, Flexible, Efficient as may be available in and derived from the and (4) apply), by multiplying the ratio de- Transportation Equity Act: A Legacy for Highway Trust Fund (other than the Mass termined under paragraph (3) by the Users, except that obligation authority made Transit Account), to remain available until amounts authorized to be appropriated for available for such programs under such limi- expended. each such program for such fiscal year; and tation shall remain available for a period of 3 fiscal years and shall be in addition to the (HIGHWAY TRUST FUND) (6) distribute the obligation limitation provided for Federal-aid highways, less the ag- amount of any limitation imposed on obliga- (RESCISSION) gregate amounts not distributed under para- tions for Federal-aid highway and highway Of the unobligated balances of funds appor- graphs (1) and (2) and amounts distributed safety construction programs for future fis- tioned to each State under chapter 1 of title under paragraphs (4) and (5), for Federal-aid cal years. 23, United States Code, $2,000,000,000 are re- highways and highway safety construction (e) REDISTRIBUTION OF CERTAIN AUTHORIZED scinded: Provided, That such rescission shall programs (other than the amounts appor- FUNDS.— (1) IN GENERAL.—Not later than 30 days not apply to the funds distributed in accord- tioned for the equity bonus program, but after the date of the distribution of obliga- ance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) only to the extent that the amounts appor- tion limitation under subsection (a), the Sec- as in effect prior to the date of enactment of tioned for the equity bonus program for the retary shall distribute to the States any Public Law 109–59, the first sentence of 23 fiscal year are greater than $2,639,000,000, and funds that— U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23 the Appalachian development highway sys- (A) are authorized to be appropriated for U.S.C. 163 as in effect prior to the enactment tem program) that are apportioned by the such fiscal year for Federal-aid highways of Public Law 109–59. Secretary under the Safe, Accountable, programs; and ADMINISTRATIVE PROVISIONS—FEDERAL Flexible, Efficient Transportation Equity (B) the Secretary determines will not be HIGHWAY ADMINISTRATION Act: A Legacy for Users and title 23, United allocated to the States, and will not be avail- (INCLUDING RESCISSIONS) States Code, in the ratio that— able for obligation, in such fiscal year due to SEC. 120. (a) For fiscal year 2007, the Sec- (A) amounts authorized to be appropriated the imposition of any obligation limitation retary of Transportation shall— for such programs that are apportioned to for such fiscal year. each State for such fiscal year, bear to (1) not distribute from the obligation limi- (2) RATIO.—Funds shall be distributed tation for Federal-aid highways amounts au- (B) the total of the amounts authorized to under paragraph (1) in the same ratio as the thorized for administrative expenses and pro- be appropriated for such programs that are distribution of obligation authority under grams by section 104(a) of title 23, United apportioned to all States for such fiscal year. subsection (a)(6). (b) EXCEPTIONS FROM OBLIGATION LIMITA- States Code; the highway use tax evasion (3) AVAILABILITY.—Funds distributed under TION.—The obligation limitation for Federal- program; and the Bureau of Transportation paragraph (1) shall be available for any pur- aid highways shall not apply to obligations: Statistics; poses described in section 133(b) of title 23, (2) not distribute an amount from the obli- (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface United States Code. gation limitation for Federal-aid highways (f) SPECIAL LIMITATION CHARACTERISTICS.— Transportation Assistance Act of 1978; (3) that is equal to the unobligated balance of Obligation limitation distributed for a fiscal under section 9 of the Federal-Aid Highway amounts made available from the Highway year under subsection (a)(4) for the provision Act of 1981; (4) under subsections (b) and (j) Trust Fund (other than the Mass Transit Ac- specified in subsection (a)(4) shall— of section 131 of the Surface Transportation count) for Federal-aid highways and highway (1) remain available until used for obliga- Assistance Act of 1982; (5) under subsections safety programs for previous fiscal years the tion of funds for that provision; and (b) and (c) of section 149 of the Surface funds for which are allocated by the Sec- (2) be in addition to the amount of any lim- Transportation and Uniform Relocation As- retary; itation imposed on obligations for Federal- sistance Act of 1987; (6) under sections 1103 (3) determine the ratio that— aid highway and highway safety construc- through 1108 of the Intermodal Surface (A) the obligation limitation for Federal- tion programs for future fiscal years. Transportation Efficiency Act of 1991; (7) aid highways, less the aggregate of amounts (g) HIGH PRIORITY PROJECT FLEXIBILITY.— under section 157 of title 23, United States not distributed under paragraphs (1) and (2), (1) IN GENERAL.—Subject to paragraph (2), Code, as in effect on the day before the date obligation authority distributed for such fis- bears to of the enactment of the Transportation Eq- cal year under subsection (a)(4) for each (B) the total of the sums authorized to be uity Act for the 21st Century; (8) under sec- project numbered 1 through 3676 listed in the appropriated for Federal-aid highways and tion 105 of title 23, United States Code, as in table contained in section 1702 of the Safe, highway safety construction programs (other effect for fiscal years 1998 through 2004, but Accountable, Flexible, Efficient Transpor- than sums authorized to be appropriated for only in an amount equal to $639,000,000 for tation Equity Act: A Legacy for Users may provisions of law described in paragraphs (1) each of those fiscal years; (9) for Federal-aid be obligated for any other project in such through (9) of subsection (b) and sums au- highway programs for which obligation au- section in the same State. thorized to be appropriated for section 105 of thority was made available under the Trans- (2) RESTORATION.—Obligation authority title 23, United States Code, equal to the portation Equity Act for the 21st Century or amount referred to in subsection (b)(10) for subsequent public laws for multiple years or used as described in paragraph (1) shall be re- such fiscal year), less the aggregate of the to remain available until used, but only to stored to the original purpose on the date on amounts not distributed under paragraphs the extent that the obligation authority has which obligation authority is distributed (1) and (2) of this subsection; not lapsed or been used; (10) under section under this section for the next fiscal year (4)(A) distribute the obligation limitation 105 of title 23, United States Code, but only following obligation under paragraph (1). (h) LIMITATION ON STATUTORY CONSTRUC- for Federal-aid highways, less the aggregate in an amount equal to $639,000,000 for each of TION.—Nothing in this section shall be con- amounts not distributed under paragraphs fiscal years 2005, 2006 and 2007; and (11) under strued to limit the distribution of obligation (1) and (2), for sections 1301, 1302, and 1934 of section 1603 of the Safe, Accountable, Flexi- authority under subsection (a)(4)(A) for each the Safe, Accountable, Flexible, Efficient ble, Efficient Transportation Equity Act: A of the individual projects numbered greater Transportation Equity Act: A Legacy for Legacy for Users, to the extent that funds than 3676 listed in the table contained in sec- Users; sections 117 (but individually for each obligated in accordance with that section tion 1702 of the Safe, Accountable, Flexible, project numbered 1 through 3676 listed in the were not subject to a limitation on obliga- table contained in section 1702 of the Safe, Efficient Transportation Equity Act: A Leg- tions at the time at which the funds were acy for Users. Accountable, Flexible, Efficient Transpor- initially made available for obligation. tation Equity Act: A Legacy for Users) and (c) REDISTRIBUTION OF UNUSED OBLIGATION POINT OF ORDER 144(g) of title 23, United States Code; and sec- AUTHORITY.—Notwithstanding subsection (a), Mr. MICA. Mr. Chairman, I raise a tion 14501 of title 40, United States Code, so the Secretary shall, after August 1 of such point of order against section 120. that the amount of obligation authority fiscal year, revise a distribution of the obli- The CHAIRMAN. The gentleman may available for each of such sections is equal to gation limitation made available under sub- state his point of order. the amount determined by multiplying the section (a) if the amount distributed cannot Mr. MICA. Mr. Chairman, this provi- ratio determined under paragraph (3) by the be obligated during that fiscal year and re- sion violates clause 2 of rule XXI. It sums authorized to be appropriated for that distribute sufficient amounts to those States changes existing law and therefore con- section for the fiscal year; and able to obligate amounts in addition to those stitutes legislating on an appropriation (B) distribute $2,000,000,000 for section 105 previously distributed during that fiscal of title 23, United States Code; bill in violation of House rules. year, giving priority to those States having The CHAIRMAN. Does any other (5) distribute the obligation limitation pro- large unobligated balances of funds appor- vided for Federal-aid highways, less the ag- tioned under sections 104 and 144 of title 23, Member wish to be heard on the gentle- gregate amounts not distributed under para- United States Code. man’s point of order? If not, the Chair graphs (1) and (2) and amounts distributed (d) APPLICABILITY OF OBLIGATION LIMITA- is prepared to rule. under paragraph (4), for each of the programs TIONS TO TRANSPORTATION RESEARCH PRO- The Chair finds that this section im- that are allocated by the Secretary under GRAMS.—The obligation limitation shall parts direction to the executive. The

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.041 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3840 CONGRESSIONAL RECORD — HOUSE June 13, 2006 section, therefore, constitutes legisla- The Clerk will read. Provided, That none of the funds derived tion in violation of clause 2 of rule The Clerk read as follows: from the Highway Trust Fund in this Act XXI. SEC. 128. Notwithstanding any other provi- shall be available for the implementation, The point of order is sustained, and sion of law, funds provided under section 378 execution or administration of programs, the the section is stricken from the bill. of the Department of Transportation and Re- obligations for which are in excess of The Clerk will read. lated Agencies Appropriations Act, 2001 $223,000,000, for ‘‘Motor Carrier Safety Oper- The Clerk read as follows: (Public Law 106–346, 114 Stat. 1356, 1356A–41), ations and Programs’’, of which $10,296,000, for the reconstruction of School Road East to remain available for obligation until Sep- SEC. 121. Notwithstanding 31 U.S.C. 3302, in Marlboro Township, New Jersey, shall be tember 30, 2009, is for the research and tech- funds received by the Bureau of Transpor- available for the Spring Valley Road Project nology program and $1,000,000 shall be avail- tation Statistics from the sale of data prod- in Marlboro Township, New Jersey. able for commercial motor vehicle operator’s ucts, for necessary expenses incurred pursu- SEC. 129. Notwithstanding any other provi- grants to carry out section 4134 of Public ant to 49 U.S.C. 111 may be credited to the sion of law, none of the funds made available Law 109–59: Provided further, That none of the Federal-aid highways account for the pur- or limited by this Act shall be used for (1) funds under this heading for outreach and pose of reimbursing the Bureau for such ex- the development, planning, design, or con- education shall be available for transfer. penses: Provided, That such funds shall be struction of a bridge joining the Island of subject to the obligation limitation for Fed- MOTOR CARRIER SAFETY Gravina to the Community of Ketchikan, eral-aid highways and highway safety con- Alaska; (2) the development, planning, de- (HIGHWAY TRUST FUND) struction. sign, or construction of the Knik Arm (RESCISSION) SEC. 122. Notwithstanding any other provision of law, funds authorized under section Bridge, Alaska; or (3) any administrative ex- Of the amounts made available under this 110 of title 23, United States Code, for fiscal pense of the Federal Highway Administra- heading in prior appropriations Acts, year 2007 shall be apportioned to the States tion to provide payment or reimbursement $27,122,669 in unobligated balances are rein accordance with section 1105(f) of the Safe, for any expense incurred by the State of scinded. Accountable, Flexible, Efficient Transpor- Alaska in carrying out an activity described NATIONAL MOTOR CARRIER SAFETY PROGRAM tation Equity Act: A Legacy for Users (Pub- in paragraph (1) or (2). lic Law 109–59; 119 Stat. 1144, 1166), except FEDERAL MOTOR CARRIER SAFETY (HIGHWAY TRUST FUND) that before allocations in accordance with ADMINISTRATION (RESCISSION) section 1105(f)(3) of such Act are made, MOTOR CARRIER SAFETY GRANTS Of the amounts made available under this $300,000,000 shall be set aside for the Trans- (LIQUIDATION OF CONTRACT AUTHORIZATION) portation, Community, and System Preser- heading in prior appropriations Acts, (LIMITATION ON OBLIGATIONS) vation Program under section 1117 of such $3,419,816 in unobligated balances are re- Act (119 Stat. at 1177–1179) and administered (HIGHWAY TRUST FUND) scinded. in accordance with section 1117(g)(2) of such For payment of obligations incurred in ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR Act. carrying out sections 31102, 31104(a), 31106, CARRIER SAFETY ADMINISTRATION SEC. 123. Notwithstanding any other provi- 31107, 31109, 31309, 31313 of title 49, United SEC. 130. Funds appropriated or limited in sion of law, funds provided in Public Law States Code, and sections 4126 and 4128 of this Act shall be subject to the terms and 102–143 in the item relating to ‘‘Highway By- Public Law 109–59, $294,000,000, to be derived conditions stipulated in section 350 of Public pass Demonstration Project’’ shall be avail- from the Highway Trust Fund (other than Law 107–87, including that the Secretary sub- able for the improvement of Route 101 in the the Mass Transit Account) and to remain mit a report to the House and Senate Appro- vicinity of Prunedale, Monterey County, available until expended: Provided, That priations Committees annually on the safety California. none of the funds in this Act shall be avail- and security of transportation into the SEC. 124. Of the unobligated balances made able for the implementation or execution of available under Public Law 101–516, Public United States by Mexico-domiciled motor programs, the obligations for which are in carriers. Law 102–143, Public Law 102–240, Public Law excess of $294,000,000, for ‘‘Motor Carrier 103–331, Public Law 105–178, Public Law 106– Safety Grants’’; of which $197,000,000 shall be NATIONAL HIGHWAY TRAFFIC SAFETY 346, Public Law 107–87, and Public Law 108–7, available for the motor carrier safety assist- ADMINISTRATION $12,177,193.53 are rescinded. ance program to carry out sections 31102 and OPERATIONS AND RESEARCH SEC. 125. Of the unobligated balances made 31104(a) of title 49, United States Code; For expenses necessary to discharge the available under section 188(a)(1) of title 23, $25,000,000 shall be available for the commer- functions of the Secretary, with respect to United States Code, as in effect prior to the cial driver’s license improvements program traffic and highway safety under subtitle C date of enactment of Public Law 109–59, and to carry out section 31313 of title 49, United of title X of Public Law 105–59, chapter 301 of under section 608(a)(1) of such title, States Code; $32,000,000 shall be available for title 49, United States Code, and part C of $100,000,000 are rescinded. the border enforcement grants program to SEC. 126. Of the amounts made available subtitle VI of title 49, United States Code, carry out section 31107 of title 49, United under section 104(a) of title 23, United States $122,000,000, of which $48,405,000 shall remain States Code; $5,000,000 shall be available for Code, $14,460,721 is rescinded. available until September 30, 2009: Provided, the performance and registration informa- SEC. 127. Of the unobligated balances made That none of the funds appropriated by this tion system management program to carry available for fiscal year 2005, under title 5 of Act may be obligated or expended to plan, fi- out sections 31106(b) and 31109 of title 49, Public Law 109–59, for the implementation or nalize, or implement any rulemaking to add United States Code; $25,000,000 shall be avail- execution of programs for transportation re- to section 575.104 of title 49 of the Code of able for the commercial vehicle information search, $37,815,112 is rescinded. Federal Regulations any requirement per- systems and networks deployment program taining to a grading standard that is dif- POINT OF ORDER to carry out section 4126 of Public Law 109– ferent from the three grading standards Mr. MICA. Mr. Chairman, I raise a 59; $3,000,000 shall be available for the safety (treadwear, traction, and temperature resist- point of order against section 127. data improvement program to carry out sec- ance) already in effect. The CHAIRMAN. The gentleman may tion 4128 of Public Law 109–59; and $7,000,000 state his point of order. shall be available for the commercial driv- OPERATIONS AND RESEARCH Mr. MICA. Mr. Chairman, this provi- er’s license information system moderniza- (LIQUIDATION OF CONTRACT AUTHORIZATION) tion program to carry out section 31309(e) of sion violates clause 2 of rule XXI. It (LIMITATION ON OBLIGATIONS) changes existing law and therefore con- title 49, United States Code. stitutes legislating on an appropriation MOTOR CARRIER SAFETY OPERATIONS AND (HIGHWAY TRUST FUND) bill in violation of House rules. PROGRAMS For payment of obligations incurred in The CHAIRMAN. Does any other (LIQUIDATION OF CONTRACT AUTHORIZATION) carrying out the provisions of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Member wish to be heard on the gentle- (LIMITATION ON OBLIGATIONS) Trust Fund (other than the Mass Transit Ac- (HIGHWAY TRUST FUND) man’s point of order? If not, the Chair count) and to remain available until ex- is prepared to rule. For payment of obligations incurred in the pended: Provided, That none of the funds in Under clause 2(b) of rule XXI, the implementation, execution, and administra- this Act shall be available for the planning Committee on Appropriations may rec- tion of the motor carrier safety operations or execution of programs the total obliga- ommend rescissions only of appropria- and programs pursuant to section 31104(i) of tions for which, in fiscal year 2007, are in ex- tions that were contained in prior ap- title 49, United States Code, and sections cess of $107,750,000 for programs authorized propriations Acts, but not rescissions 4127 and 4134 of Public Law 109–59, under 23 U.S.C. 403. $223,000,000, to be derived from the Highway of contract authority that is contained Trust Fund (other than the Mass Transit Ac- (RESCISSION) in other laws. count), together with advances and reim- Of amounts made available under this Therefore, the point of order is sus- bursements received by the Federal Motor heading in prior appropriations Acts, tained. The section is stricken from Carrier Safety Administration, the sum of $6,772,751 in unobligated balances are re- the bill. which shall remain available until expended: scinded.

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NATIONAL DRIVER REGISTER shall be made available to the National reserve $60,000,000 of the funds provided (LIQUIDATION OF CONTRACT AUTHORIZATION) Highway Traffic Safety Administration, out under this heading and is authorized to of the amount limited for section 402 of title transfer such sums to the Surface Transpor- (LIMITATION ON OBLIGATIONS) 23, United States Code, to pay for travel and tation Board, upon request from said Board, (HIGHWAY TRUST FUND) related expenses for State management re- to carry out directed service orders issued For payment of obligations incurred in views and to pay for core competency devel- pursuant to section 11123 of title 49, United carrying out chapter 303 of title 49, United opment training and related expenses for States Code, to respond to the cessation of States Code, $4,000,000, to be derived from the highway safety staff. commuter rail operations by the National Highway Trust Fund (other than the Mass FEDERAL RAILROAD ADMINISTRATION Railroad Passenger Corporation: Provided Transit Account) and remain available until further, That the Secretary of Transpor- SAFETY AND OPERATIONS expended: Provided, That none of the funds in tation shall make the reserved funds avail- this Act shall be available for the implemen- For necessary expenses of the Federal Rail- able to the National Railroad Passenger Cor- tation or execution of programs the obliga- road Administration, not otherwise provided poration through an appropriate grant in- tions for which are in excess of $4,000,000 for for, $150,083,000, of which $13,870,890 shall re- strument not earlier than September 1, 2007 the National Driver Register authorized main available until expended. to the extent that no directed service orders under chapter 303 of title 49, United States RAILROAD RESEARCH AND DEVELOPMENT have been issued by the Surface Transpor- Code. For necessary expenses for railroad re- tation Board as of the date of transfer or (RESCISSION) search and development, $34,650,000, to re- there is a balance of reserved funds not needed by the Board to pay for any directed serv- Of amounts made available under this main available until expended. ice order issued through September 30, 2007: heading in prior appropriations Acts, $8,553 RAILROAD REHABILITATION AND IMPROVEMENT Provided further, That upon the receipt and in unobligated balances are rescinded. PROGRAM approval of Amtrak’s fiscal year 2007 busi- HIGHWAY TRAFFIC SAFETY GRANTS The Secretary of Transportation is author- ness plan and if the Secretary deems it in ized to issue to the Secretary of the Treas- (LIQUIDATION OF CONTRACT AUTHORIZATION) the best interests of the transportation sys- ury notes or other obligations pursuant to (LIMITATION ON OBLIGATIONS) tem, in his sole discretion, the Secretary section 512 of the Railroad Revitalization may make grants to the Corporation at such (HIGHWAY TRUST FUND) and Regulatory Reform Act of 1976 (Public times and in such amounts for intercity pas- For payment of obligations incurred in Law 94–210), as amended, in such amounts senger rail, including coverage of operating carrying out the provisions of 23 U.S.C. 402, and at such times as may be necessary to losses of the Corporation: Provided further, 405, 406, 408, and 410 and sections 2001(a)(11), pay any amounts required pursuant to the That the Secretary shall approve funding to 2009, 2010, and 2011 of Public Law 109–59, to guarantee of the principal amount of obliga- cover operating losses for the Corporation remain available until expended, $587,750,000 tions under sections 511 through 513 of such only after receiving and reviewing a grant to be derived from the Highway Trust Fund Act, such authority to exist as long as any request for each specific train route: Pro- (other than the Mass Transit Account): Pro- such guaranteed obligation is outstanding: vided further, That each such grant request vided, That none of the funds in this Act Provided, That pursuant to section 502 of shall be accompanied by a detailed financial shall be available for the planning or execu- such Act, as amended, no new direct loans or analysis, revenue projection, and capital ex- tion of programs the total obligations for loan guarantee commitments shall be made penditure projection justifying the Federal which, in fiscal year 2007, are in excess of using Federal funds for the credit risk pre- support to the Secretary’s satisfaction: Pro- $587,750,000 for programs authorized under 23 mium during fiscal year 2007. vided further, That the Corporation is di- U.S.C. 402, 405, 406, 408, and 410 and sections CAPITAL AND DEBT SERVICE GRANTS TO THE rected to achieve savings through the oper- 2001(a)(11), 2009, 2010, and 2011 of Public Law NATIONAL RAILROAD PASSENGER CORPORATION ating efficiencies including, but not limited 109–59, of which $220,000,000 shall be for To enable the Secretary of Transportation to, modifications to food and beverage serv- ‘‘Highway Safety Programs’’ under 23 U.S.C. to make quarterly grants to the National ice and first class service and efficiencies in 402; $25,000,000 shall be for ‘‘Occupant Protec- Railroad Passenger Corporation for the overhead: Provided further, That the Inspec- tion Incentive Grants’’ under 23 U.S.C. 405; maintenance and repair of capital infrastruc- tor General of the Department of Transpor- $124,500,000 shall be for ‘‘Safety Belt Per- ture owned by the National Railroad Pas- tation shall report to the House and Senate formance Grants’’ under 23 U.S.C. 406; senger Corporation, including railroad equip- Committees on Appropriations beginning $34,500,000 shall be for ‘‘State Traffic Safety ment, rolling stock, legal mandates and three months after the date of the enact- Information System Improvements’’ under 23 other services, $500,000,000, to remain avail- ment of this Act and quarterly thereafter U.S.C. 408; $125,000,000 shall be for ‘‘Alcohol- able until expended, of which not to exceed with estimates of the savings accrued as a Impaired Driving Countermeasures Incentive $280,000,000 shall be for debt service obliga- result of all operational reforms instituted Grant Program’’ under 23 U.S.C. 410; tions: Provided, That the Secretary of Trans- by the Corporation: Provided further, That if $17,750,000 shall be for ‘‘Administrative Ex- portation shall approve funding for capital the Inspector General cannot certify that penses’’ under section 2001(a)(11) of Public expenditures, including advance purchase or- the Corporation has achieved operational Law 109–59; $29,000,000 shall be for ‘‘High Visi- ders, for the National Railroad Passenger savings by July 1, 2007, none of the funds in bility Enforcement Program’’ under section Corporation only after receiving and review- this Act may be used after July 1, 2007, to 2009 of Public Law 109–59; $6,000,000 shall be ing a grant request for each specific capital subsidize the net losses of food and beverage for ‘‘Motorcyclist Safety’’ under section 2010 grant justifying the Federal support to the service and sleeper car service on any Am- of Public Law 109–59; and $6,000,000 shall be Secretary’s satisfaction: Provided further, trak route: Provided further, That not later for ‘‘Child Safety and Child Booster Seat That none of the funds under this heading than 120 days after enactment of this Act, Safety Incentive Grants’’ under section 2011 may be used to subsidize operating losses of Amtrak shall transmit to the House and of Public Law 109–59: Provided further, That the National Railroad Passenger Corpora- Senate Committees on Appropriations a detailed plan to improve the financial perform- none of these funds shall be used for con- tion: Provided further, That none of the funds struction, rehabilitation, or remodeling under this heading may be used for capital ance of food and beverage service and a de- costs, or for office furnishings and fixtures projects not approved by the Secretary of tailed plan to improve the financial perform- for State, local or private buildings or struc- Transportation and on the National Railroad ance of first class service (including sleeping tures: Provided further, That not to exceed Passenger Corporation’s fiscal year 2007 busi- car service) so that these services are rev- $500,000 of the funds made available for sec- ness plan. enue neutral or better on a fully allocated tion 410 ‘‘Alcohol-Impaired Driving Counter- cost basis no later than October 1, 2008: Pro- EFFICIENCY INCENTIVE GRANTS TO THE measures Grants’’ shall be available for tech- vided further, That these plans shall include NATIONAL RAILROAD PASSENGER CORPORATION nical assistance to the States: Provided fur- milestones and target dates for implementa- ther, That not to exceed $750,000 of the funds (INCLUDING TRANSFER OF FUNDS) tion and projected cost savings in fiscal made available for the ‘‘High Visibility En- For an additional amount to be made years 2007 and 2008 and that Amtrak shall re- forcement Program’’ shall be available for available to the Secretary for efficiency in- port quarterly to the House and Senate Com- the evaluation required under section 2009(f) centive grants to the National Railroad Pas- mittees on Appropriations on its progress in of Public Law 109–59. senger Corporation, $400,000,000, to remain implementing these plans, quantify savings (RESCISSION) available until expended: Provided, That the realized to date on a monthly basis compared Secretary may make grants to the National to those projected in the plans, identify any Of amounts made available under this Railroad Passenger Corporation for an addi- changes in the plans or delays in imple- heading in prior appropriations Acts, tional sum for operating subsidies at any menting these plans, and identify the causes $5,646,863 in unobligated balances are re- time during the fiscal year for the purpose of of delay and proposed corrective measures: scinded. maintaining the operation of existing or new Provided further, That not later than 120 days ADMINISTRATIVE PROVISIONS—NATIONAL Amtrak routes: Provided further, That noth- after enactment of this Act, Amtrak shall HIGHWAY TRAFFIC SAFETY ADMINISTRATION ing in the previous proviso should be inter- transmit to the House and Senate Commit- SEC. 140. Notwithstanding any other provi- preted either to encourage or discourage the tees on Appropriations a report on its over- sion of law or limitation on the use of funds Corporation with respect to adjusting exist- head expenses as of October 1, 2006, identi- made available under section 403 of title 23, ing routes or frequencies: Provided further, fying those that are directly associated with United States Code, an additional $130,000 That the Secretary of Transportation shall a specific route or group of routes or lines of

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.050 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3842 CONGRESSIONAL RECORD — HOUSE June 13, 2006 business and those system overhead expenses service; State-supported service; each inter- for an office shall be increased or decreased not directly charged to specific trains, city train route, including Autotrain; and by more than a total of 5 percent during the routes or other lines of business, and a plan commercial activities including contract op- fiscal year by all such transfers: Provided fur- to reduce system overhead expenses by 10 erations: Provided further, That the business ther, That any change in funding greater percent annually through strategic invest- plan shall include a description of the work than 5 percent shall be submitted for ap- ments, transfer of responsibilities to entities to be funded, along with cost estimates and proval to the House and Senate Committees that request Amtrak provide specific serv- an estimated timetable for completion of the on Appropriations: Provided further, That any ices, and other measures: Provided further, projects covered by the business plan: Pro- funding transferred from the central account That as part of its report and plan to reduce vided further, That the Corporation shall con- shall be submitted for approval to the House overhead expenses, Amtrak shall include a tinue to provide monthly reports in elec- and Senate Committees on Appropriations: report on the expenses associated with inter- tronic format regarding the pending business Provided further, That none of the funds pro- city passenger rail reservations and plan, which shall describe the work com- vided or limited in this Act may be used to ticketing, including a comparison of such ex- pleted to date, any changes to the business create a permanent office of transit security penses to those associated with domestic air- plan, and the reasons for such changes, and under this heading: Provided further, That of lines and intercity bus service, and a plan, shall identify all sole source contract awards the funds in this Act available for the execu- including milestones and target dates, for re- which shall be accompanied by a justification of contracts under section 5327(c) of ducing the expenses associated with its res- tion as to why said contract was awarded on title 49, United States Code, $2,000,000 shall ervations and ticketing including technology a sole source basis: Provided further, That be reimbursed to the Department of Trans- portation’s Office of Inspector General for enhancements, the use of electronic none of the funds in this Act may be used for costs associated with audits and investiga- ticketing, and such other measures that will operating expenses, including advance pur- tions of transit-related issues, including re- result in expense savings, enhanced revenue, chase orders, not approved by the Secretary views of new fixed guideway systems: Pro- and assure accurate manifests of passengers and in the Corporation’s fiscal year 2007 busi- on specific trains at all times: Provided fur- vided further, That upon submission to the ness plan: Provided further, That the Corpora- Congress of the fiscal year 2008 President’s ther, That not later than October 1, 2008, Am- tion shall display the business plan and all trak shall reduce its system overhead ex- budget, the Secretary of Transportation subsequent supplemental plans on the Cor- shall transmit to Congress the annual report penses by 10 percent from the level identified poration’s website within a reasonable time- as existing on October 1, 2006, and in each on new starts, including proposed allocations frame following their submission to the ap- of funds for fiscal year 2008. subsequent fiscal year, reduce system over- propriate entities: Provided further, That FORMULA AND BUS GRANTS head expenses by 10 percent of the level ex- none of the funds under this heading may be isting on October 1 of the immediate pre- obligated or expended until the Corporation (LIQUIDATION OF CONTRACT AUTHORITY) ceding year: Provided further, That if the In- agrees to continue to abide by the provisions (LIMITATION ON OBLIGATIONS) spector General deems it necessary for the of paragraphs 1, 2, 3, 5, and 11 of the sum- (INCLUDING RESCISSION) continued development and implementation, mary of conditions for the direct loan agree- For payment of obligations incurred in not less than $5,000,000 of the funds provided ment of June 28, 2002, in the same manner as carrying out the provisions of 49 U.S.C. 5305, under this section shall be expended for the in effect on the date of enactment of this 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, managerial cost accounting system, which Act: Provided further, That the Secretary 5339, and 5340 and section 3038 of Public Law includes average and marginal unit cost ca- may, at his discretion, condition the award 105–178, as amended, $3,925,000,000, to be de- pability: Provided further, That within 30 of efficiency incentive grant funds on reform rived from the Mass Transit Account of the days of the development of the managerial requirements for the Corporation and his as- Highway Trust Fund and to remain available cost accounting system, the Department of sessment of progress towards such reform re- until expended: Provided, That funds avail- Transportation’s Inspector General shall requirements: Provided further, That none of able for the implementation or execution of view and comment to the Secretary and the the funds provided in this Act may be used programs authorized under 49 U.S.C. 5305, House and Senate Committees on Appropria- after March 1, 2006, to support any route on 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, tions upon the strengths and weaknesses of which Amtrak offers a discounted fare of 5339, and 5340 and section 3038 of Public Law the system and how it best can be imple- 105–178, as amended, shall not exceed total mented to improve decision making by the more than 50 percent off the normal, peak fare. obligations of $7,262,775,000 in fiscal year Board of Directors and management of the 2007: Provided further, That $28,660,920 in un- ADMINISTRATIVE PROVISIONS—FEDERAL Corporation: Provided further, That no later obligated balances are cancelled. than 120 days after enactment of this Act, RAILROAD ADMINISTRATION RESEARCH AND UNIVERSITY RESEARCH Amtrak shall transmit to the House and SEC. 150. The Secretary may purchase pro- CENTERS Senate Committees on Appropriations a de- motional items of nominal value for use in tailed plan, including milestones, target public outreach activities to accomplish the For necessary expenses to carry out 49 dates and cost estimates, to improve its purposes of 49 U.S.C. 20134: Provided, That the U.S.C. 5306, 5312–5315, 5322, and 5506, $65,000,000, to remain available until ex- management cost accounting system and in- Secretary shall prescribe guidelines for the pended: Provided, That $9,300,000 is available tegrate such system with the Corporation’s administration of such purchases and use. to carry out the transit cooperative research other processes including budgeting, finan- FEDERAL TRANSIT ADMINISTRATION cial forecasting and modeling, and account- program under section 5313 of title 49, United ADMINISTRATIVE EXPENSES States Code, $4,300,000 is available for the ing, to permit more informed decisions by National Transit Institute under section 5315 management and the Board of Directors as (INCLUDING TRANSFER OF FUNDS) of title 49, United States Code, $7,000,000 is to the financial ramifications of proposed For necessary administrative expenses of available for university transportation cen- changes to routes and services: Provided fur- the Federal Transit Administration’s pro- ters program under section 5506 of title 49, ther, That, as part of the plan to improve its grams authorized by chapter 53 of title 49, United States Code: Provided further, That management cost accounting system, Am- United States Code, $85,000,000: Provided, $49,400,000 is available to carry out national trak shall include a plan to improve or re- That of the funds available under this head- research programs under sections 5312, 5313, place the Corporation’s Route Profitability ing, not to exceed $1,063,000 shall be available 5314, and 5322 of title 49, United States Code. System (RPS) to provide more current, accu- for the Office of the Administrator; not to CAPITAL INVESTMENT GRANTS rate, and clear information on revenues and exceed $7,654,000 shall be available for the Of- expenses on all of the Corporation’s routes fice of Administration; not to exceed (INCLUDING RESCISSION) and services, including the allocation of ex- $4,273,000 shall be available for the Office of For necessary expenses to carry out sec- penses not directly charged to specific the Chief Counsel; not to exceed $1,394,000 tion 5309 of title 49, United States Code, trains, routes, or other business lines: Pro- shall be available for the Office of Commu- $1,566,000,000, to remain available until ex- vided further, That not later than 60 days nication and Congressional Affairs; not to pended: Provided, That $17,760,000 in unobli- after the enactment of this Act, the Corpora- exceed $8,403,000 shall be available for the Of- gated balances are cancelled. tion shall transmit, in electronic format, to fice of Program Management; not to exceed ADMINISTRATIVE PROVISIONS—FEDERAL the Secretary, the House and Senate Com- $9,259,000 shall be available for the Office of TRANSIT ADMINISTRATION mittees on Appropriations, the House Com- Budget and Policy; not to exceed $4,876,000 (INCLUDING TRANSFER OF FUNDS) mittee on Transportation and Infrastruc- shall be available for the Office of Dem- SEC. 160. The limitations on obligations for ture, and Senate Committee on Commerce, onstration and Innovation; not to exceed the programs of the Federal Transit Admin- Science, and Transportation a comprehen- $3,272,000 shall be available for the Office of istration shall not apply to any authority sive business plan approved by the Board of Civil Rights; not to exceed $4,718,000 shall be under 49 U.S.C. 5338, previously made avail- Directors for fiscal year 2007 under 49 U.S.C. available for the Office of Planning; not to able for obligation, or to any other authority 24104(a): Provided further, That the business exceed $22,420,000 shall be available for re- previously made available for obligation. plan shall include, as applicable, targets for gional offices; and not to exceed $17,668,000 SEC. 161. Notwithstanding any other provi- ridership, revenues, and capital and oper- shall be available for the central account: sion of law, funds made available by this Act ating expenses: Provided further, That the Provided further, That the Administrator is under ‘‘Federal Transit Administration, Cap- plan shall also include a separate accounting authorized to transfer funds appropriated for ital investment grants’’ and bus and bus fa- of such targets for the Northeast Corridor; an office of the Federal Transit Administra- cilities under ‘‘Federal Transit Administra- commuter service; long-distance Amtrak tion: Provided further, That no appropriation tion, Formula and Bus Grants’’ for projects

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.050 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3843 specified in this Act or identified in reports until expended for the State Maritime $75,735,000, of which $18,810,000 shall be de- accompanying this Act not obligated by Sep- Schools Schoolship Maintenance and Repair. rived from the Oil Spill Liability Trust Fund tember 30, 2009, and other recoveries, shall be SHIP DISPOSAL and shall remain available until September made available for other projects under 49 30, 2009; of which $56,925,000 shall be derived For necessary expenses related to the dis- U.S.C. 5309. from the Pipeline Safety Fund, of which posal of obsolete vessels in the National De- SEC. 162. Notwithstanding any other provi- $24,000,000 shall remain available until Sep- fense Reserve Fleet of the Maritime Admin- sion of law, any funds appropriated before tember 30, 2009: Provided, That not less than istration, $25,740,000, to remain available October 1, 2006, under any section of chapter $1,000,000 of the funds provided under this until expended. 53 of title 49, United States Code, that re- heading shall be for the one-call State grant main available for expenditure may be trans- MARITIME GUARANTEED LOAN (TITLE XI) program. ferred to and administered under the most PROGRAM ACCOUNT EMERGENCY PREPAREDNESS GRANTS recent appropriation heading for any such (INCLUDING TRANSFER OF FUNDS AND (EMERGENCY PREPAREDNESS FUND) section. RESCISSION) For necessary expenses to carry out 49 SEC. 163. During fiscal years 2007 and 2008, For administrative expenses to carry out U.S.C. 5128(b), $198,000, to be derived from the each Federal Transit Administration grant the guaranteed loan program, not to exceed Emergency Preparedness Fund, to remain for a project that involves the acquisition of $3,317,000, which shall be transferred to and available until September 30, 2008: Provided, rehabilitation of a bus to be used in public merged with the appropriation for Oper- That not more than $28,328,000 shall be made transportation shall be for 100 percent of the ations and Training: Provided, That of the available for obligation in fiscal year 2007 net capital costs of a factory-installed or ret- unobligated balances available under this from amounts made available by 49 U.S.C. rofitted hybrid electric propulsion system heading, $2,000,000 are cancelled. 5116(i) and 5128(b)–(c): Provided further, That and any equipment related to such a system: NATIONAL DEFENSE TANK VESSEL none of the funds made available by 49 U.S.C. Provided, That the Secretary shall have the CONSTRUCTION PROGRAM 5116(i), 5128(b), or 5128(c) shall be made avail- discretion to determine, through practicable able for obligation by individuals other than (RESCISSION) administrative procedures, the costs attrib- the Secretary of Transportation, or his des- utable to the system and related-equipment. All unobligated balances under this head- ignee. ing are rescinded. SEC. 164. Notwithstanding any other provi- RESEARCH AND INNOVATIVE TECHNOLOGY sion of law, unobligated funds made avail- ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION able for a new fixed guideway systems ADMINISTRATION RESEARCH AND DEVELOPMENT projects under the heading ‘‘Federal Transit SEC. 170. Notwithstanding any other provi- For necessary expenses of the Research Administration, Capital Investment Grants’’ sion of this Act, the Maritime Administra- and Innovative Technology Administration, in any appropriations Act prior to this Act tion is authorized to furnish utilities and $6,367,000, of which $1,120,000 shall remain may be used during this fiscal year to satisfy services and make necessary repairs in con- available until September 30, 2009: Provided, expenses incurred for such projects for ac- nection with any lease, contract, or occu- That there may be credited to this appro- tivities eligible in the year the funds were pancy involving Government property under priation, to be available until expended, appropriated. control of the Maritime Administration, and funds received from States, counties, mu- SEC. 165. Hereinafter, the non-Federal payments received therefore shall be cred- nicipalities, other public authorities, and share of the net project cost of the San Ga- ited to the appropriation charged with the private sources for expenses incurred for briel Valley Metro Gold Line connecting Los cost thereof: Provided, That rental payments training. Angeles, South Pasadena and Pasadena shall under any such lease, contract, or occupancy OFFICE OF INSPECTOR GENERAL be counted toward satisfying the Federal for items other than such utilities, services, SALARIES AND EXPENSES matching requirements under 49 U.S.C. 5309 or repairs shall be covered into the Treasury on any phase of the San Gabriel Valley Gold as miscellaneous receipts. For necessary expenses of the Office of In- spector General to carry out the provisions Line Foothill Extension continuing from SEC. 171. No obligations shall be incurred Pasadena to Montclair. during the current fiscal year from the con- of the Inspector General Act of 1978, as amended, $64,143,000: Provided, That the In- SAINT LAWRENCE SEAWAY DEVELOPMENT struction fund established by the Merchant spector General shall have all necessary au- CORPORATION Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), thority, in carrying out the duties specified or otherwise, in excess of the appropriations The Saint Lawrence Seaway Development in the Inspector General Act, as amended (5 and limitations contained in this Act or in Corporation is hereby authorized to make U.S.C. App. 3), to investigate allegations of any prior appropriations Act. such expenditures, within the limits of funds fraud, including false statements to the gov- and borrowing authority available to the PIPELINE AND HAZARDOUS MATERIALS SAFETY ernment (18 U.S.C. 1001), by any person or en- Corporation, and in accord with law, and to ADMINISTRATION tity that is subject to regulation by the De- make such contracts and commitments with- ADMINISTRATIVE EXPENSES partment: Provided further, That the funds out regard to fiscal year limitations as pro- For necessary administrative expenses of made available under this heading shall be vided by section 104 of the Government Cor- the Pipeline and Hazardous Materials Safety used to investigate, pursuant to section 41712 poration Control Act, as amended, as may be Administration, $17,721,000, of which $639,000 of title 49, United States Code: (1) unfair or necessary in carrying out the programs set shall be derived from the Pipeline Safety deceptive practices and unfair methods of forth in the Corporation’s budget for the cur- Fund. competition by domestic and foreign air car- rent fiscal year. riers and ticket agents; and (2) the compli- HAZARDOUS MATERIALS SAFETY OPERATIONS AND MAINTENANCE ance of domestic and foreign air carriers For expenses necessary to discharge the (HARBOR MAINTENANCE TRUST FUND) with respect to item (1) of this proviso. hazardous materials safety functions of the SURFACE TRANSPORTATION BOARD For necessary expenses for operations and Pipeline and Hazardous Materials Safety Ad- SALARIES AND EXPENSES maintenance of those portions of the Saint ministration, $27,225,000, of which $2,111,000 Lawrence Seaway operated and maintained shall remain available until September 30, For necessary expenses of the Surface by the Saint Lawrence Seaway Development 2009: Provided, That up to $1,200,000 in fees Transportation Board, including services au- Corporation, $17,425,000, to be derived from collected under 49 U.S.C. 5108(g) shall be de- thorized by 5 U.S.C. 3109, $25,618,000: Provided, the Harbor Maintenance Trust Fund, pursu- posited in the general fund of the Treasury That notwithstanding any other provision of ant to Public Law 99–662. as offsetting receipts: Provided further, That law, not to exceed $1,250,000 from fees estab- MARITIME ADMINISTRATION there may be credited to this appropriation, lished by the Chairman of the Surface Trans- portation Board shall be credited to this ap- MARITIME SECURITY PROGRAM to be available until expended, funds received from States, counties, municipalities, propriation as offsetting collections and used For necessary expenses to maintain and for necessary and authorized expenses under preserve a U.S.-flag merchant fleet to serve other public authorities, and private sources for expenses incurred for training, for re- this heading: Provided further, That the sum the national security needs of the United herein appropriated from the general fund ports publication and dissemination, and for States, $154,440,000, to remain available until shall be reduced on a dollar-for-dollar basis travel expenses incurred in performance of expended. as such offsetting collections are received hazardous materials exemptions and approv- during fiscal year 2007, to result in a final ap- OPERATIONS AND TRAINING als functions. propriation from the general fund estimated For necessary expenses of operations and PIPELINE SAFETY training activities authorized by law, at no more than $24,368,000. (PIPELINE SAFETY FUND) $116,442,000, of which $24,009,000 shall remain GENERAL PROVISIONS—DEPARTMENT OF available until September 30, 2007, for sala- (OIL SPILL LIABILITY TRUST FUND) TRANSPORTATION ries and benefits of employees of the United For expenses necessary to conduct the (INCLUDING TRANSFER OF FUNDS) States Merchant Marine Academy; of which functions of the pipeline safety program, for SEC. 180. During the current fiscal year ap- $14,850,000 shall remain available until ex- grants-in-aid to carry out a pipeline safety plicable appropriations to the Department of pended for capital improvements at the program, as authorized by 49 U.S.C. 60107, Transportation shall be available for mainte- United States Merchant Marine Academy; and to discharge the pipeline program re- nance and operation of aircraft; hire of pas- and of which $7,920,000 shall remain available sponsibilities of the Oil Pollution Act of 1990, senger motor vehicles and aircraft; purchase

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of liability insurance for motor vehicles op- SEC. 189. Amounts made available in this tember 30, 2008, is for the Treasury-wide Fi- erating in foreign countries on official de- or any other Act that the Secretary deter- nancial Statement Audit and Internal Con- partment business; and uniforms or allow- mines represent improper payments by the trol Program, of which such amounts as may ances therefor, as authorized by law (5 U.S.C. Department of Transportation to a third be necessary may be transferred to accounts 5901–5902). party contractor under a financial assistance of the Department’s offices and bureaus to SEC. 181. Appropriations contained in this award, which are recovered pursuant to law, conduct audits: Provided further, That this Act for the Department of Transportation shall be available— transfer authority shall be in addition to any shall be available for services as authorized (1) to reimburse the actual expenses in- other provided in this Act. by 5 U.S.C. 3109, but at rates for individuals curred by the Department of Transportation DEPARTMENT-WIDE SYSTEMS AND CAPITAL not to exceed the per diem rate equivalent to in recovering improper payments; and INVESTMENTS PROGRAMS the rate for an Executive Level IV. (2) to pay contractors for services provided (INCLUDING TRANSFER OF FUNDS) SEC. 182. None of the funds in this Act shall in recovering improper payments or con- be available for salaries and expenses of tractor support in the implementation of the For development and acquisition of auto- more than 110 political and Presidential ap- Improper Payments Information Act of 2002: matic data processing equipment, software, pointees in the Department of Transpor- Provided, That amounts in excess of that re- and services for the Department of the tation: Provided, That none of the personnel quired for paragraphs (1) and (2)— Treasury, $34,032,000, to remain available covered by this provision may be assigned on (A) shall be credited to and merged with until September 30, 2009: Provided, That these temporary detail outside the Department of the appropriation from which the improper funds shall be transferred to accounts and in Transportation. payments were made, and shall be available amounts as necessary to satisfy the require- SEC. 183. None of the funds in this Act shall for the purposes and period for which such ments of the Department’s offices, bureaus, be used to implement section 404 of title 23, appropriations are available; or and other organizations: Provided further, United States Code. (B) if no such appropriation remains avail- That this transfer authority shall be in addi- SEC. 184. (a) No recipient of funds made able, shall be deposited in the Treasury as tion to any other transfer authority provided available in this Act shall disseminate per- miscellaneous receipts: Provided, That the in this Act: Provided further, That none of sonal information (as defined in 18 U.S.C. Secretary shall report annually to the House the funds appropriated under this heading 2725(3)) obtained by a State department of and Senate Committees on Appropriations shall be used to support or supplement ‘‘In- motor vehicles in connection with a motor the amount and reasons for these transfers: ternal Revenue Service, Operations Support’’ vehicle record as defined in 18 U.S.C. 2725(1), Provided further, That for purposes of this or ‘‘Internal Revenue Service, Business Sys- except as provided in 18 U.S.C. 2721 for a use section, the term ‘‘improper payments’’, has tems Modernization’’. permitted under 18 U.S.C. 2721. the same meaning as that provided in sec- OFFICE OF INSPECTOR GENERAL (b) Notwithstanding subsection (a), the tion 2(d)(2) of Public Law 107–300. SALARIES AND EXPENSES Secretary shall not withhold funds provided This title may be cited as the ‘‘Department For necessary expenses of the Office of In- in this Act for any grantee if a State is in of Transportation Appropriations Act, 2007’’. noncompliance with this provision. spector General in carrying out the provi- SEC. 185. Funds received by the Federal TITLE II sions of the Inspector General Act of 1978, Highway Administration, Federal Transit DEPARTMENT OF THE TREASURY not to exceed $2,000,000 for official travel ex- Administration, and Federal Railroad Ad- DEPARTMENTAL OFFICES penses, including hire of passenger motor vehicles; and not to exceed $100,000 for unfore- ministration from States, counties, munici- SALARIES AND EXPENSES palities, other public authorities, and private seen emergencies of a confidential nature, to (INCLUDING TRANSFER OF FUNDS) sources for expenses incurred for training be allocated and expended under the direc- may be credited respectively to the Federal For necessary expenses of the Depart- tion of the Inspector General of the Treas- Highway Administration’s ‘‘Federal-Aid mental Offices including operation and ury, $17,352,000, of which not to exceed $2,500 Highways’’ account, the Federal Transit Ad- maintenance of the Treasury Building and shall be available for official reception and ministration’s ‘‘Research and University Re- Annex; hire of passenger motor vehicles; representation expenses. search Centers’’ account, and to the Federal maintenance, repairs, and improvements of, TREASURY INSPECTOR GENERAL FOR TAX Railroad Administration’s ‘‘Safety and Oper- and purchase of commercial insurance poli- ADMINISTRATION cies for, real properties leased or owned over- ations’’ account, except for State rail safety SALARIES AND EXPENSES inspectors participating in training pursuant seas, when necessary for the performance of to 49 U.S.C. 20105. official business, $223,786,000, of which not to For necessary expenses of the Treasury In- SEC. 186. Notwithstanding any other provi- exceed $8,760,000 is for executive direction spector General for Tax Administration in sions of law, rule or regulation, the Sec- program activities; not to exceed $8,741,000 is carrying out the Inspector General Act of retary of Transportation is authorized to for general counsel program activities; not 1978, including purchase (not to exceed 150 allow the issuer of any preferred stock here- to exceed $41,947,000 is for economic policies for replacement only for police-type use) and tofore sold to the Department to redeem or and programs activities; not to exceed hire of passenger motor vehicles (31 U.S.C. repurchase such stock upon the payment to $27,086,000 is for financial policies and pro- 1343(b)); services authorized by 5 U.S.C. 3109, the Department of an amount determined by grams activities; not to exceed $45,401,000 is at such rates as may be determined by the the Secretary. for terrorism and financial intelligence ac- Inspector General for Tax Administration; SEC. 187. None of the funds in this Act to tivities; not to exceed $18,534,000 is for Treas- not to exceed $6,000,000 for official travel ex- the Department of Transportation may be ury-wide management policies and programs penses; and not to exceed $500,000 for unfore- used to make a grant unless the Secretary of activities; and not to exceed $73,317,000 is for seen emergencies of a confidential nature, to Transportation notifies the House and Sen- administration programs activities: Pro- be allocated and expended under the direc- ate Committees on Appropriations not less vided, That the Secretary of the Treasury is tion of the Inspector General for Tax Admin- than 3 full business days before any discre- authorized to transfer funds appropriated for istration, $136,469,000; and of which not to ex- tionary grant award, letter of intent, or full any program activity of the Departmental ceed $1,500 shall be available for official re- funding grant agreement totaling $1,000,000 Offices to any other program activity of the ception and representation expenses. or more is announced by the department or Departmental Offices upon notification to AIR TRANSPORTATION STABILIZATION its modal administrations from: (1) any dis- the House and Senate Committees on Appro- PROGRAM ACCOUNT cretionary grant program of the Federal priations: Provided further, That no appro- In fiscal year 2007, the Air Transportation Highway Administration other than the priation for any program activity shall be in- Stabilization Board may charge fees to a emergency relief program; (2) the airport im- creased or decreased by more than three per- borrower for the costs to the Air Transpor- provement program of the Federal Aviation cent by all such transfers: Provided further, tation Stabilization Board associated with Administration; or (3) any program of the That any change in funding greater than bankruptcy proceedings of the borrower. Federal Transit Administration other than three percent shall be submitted for approval Such fees shall be collected and deposited in the formula grants and fixed guideway mod- to the House and Senate Committees on Ap- the Air Transportation Stabilization Pro- ernization programs: Provided, That no noti- propriations: Provided further, That of the gram Account, to be available for such costs. fication shall involve funds that are not amount appropriated under this heading, not FINANCIAL CRIMES ENFORCEMENT NETWORK available for obligation. to exceed $3,000,000, to remain available until SEC. 188. Rebates, refunds, incentive pay- September 30, 2008, for information tech- SALARIES AND EXPENSES ments, minor fees and other funds received nology modernization requirements; not to For necessary expenses of the Financial by the Department of Transportation from exceed $100,000 for official reception and rep- Crimes Enforcement Network, including hire travel management centers, charge card pro- resentation expenses; and not to exceed of passenger motor vehicles; travel and grams, the subleasing of building space, and $258,000 for unforeseen emergencies of a con- training expenses of non-Federal and foreign miscellaneous sources are to be credited to fidential nature, to be allocated and ex- government personnel to attend meetings appropriations of the Department of Trans- pended under the direction of the Secretary and training concerned with domestic and portation and allocated to elements of the of the Treasury and to be accounted for sole- foreign financial intelligence activities, law Department of Transportation using fair and ly on his certificate: Provided further, That of enforcement, and financial regulation; not to equitable criteria and such funds shall be the amount appropriated under this heading, exceed $14,000 for official reception and rep- available until expended. $5,114,000, to remain available until Sep- resentation expenses; and for assistance to

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.050 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3845 Federal law enforcement agencies, with or ministrative expenses to carry out the direct cluding contractual costs associated with op- without reimbursement, $84,066,000, of which loan program: Provided, That the cost of di- erations authorized by 5 U.S.C. 3109: Pro- not to exceed $14,012,000 shall remain avail- rect loans, including the cost of modifying vided, That none of the funds for capital able until September 30, 2009; and of which such loans, shall be as defined in section 502 asset acquisition of information technology $8,651,000 shall remain available until Sep- of the Congressional Budget Act of 1974: Pro- systems may be obligated until the Internal tember 30, 2008: Provided, That funds appro- vided further, That these funds are available Revenue Service submits to the Committees priated in this account may be used to pro- to subsidize gross obligations for the prin- on Appropriations, and such Committees ap- cure personal services contracts. cipal amount of direct loans not to exceed prove, a plan for expenditure that: (1) meets FINANCIAL MANAGEMENT SERVICE $11,000,000. the capital planning and investment control INTERNAL REVENUE SERVICE review requirements established by the Of- SALARIES AND EXPENSES fice of Management and Budget, including For necessary expenses of the Financial TAXPAYER SERVICES Circular A–11; (2) complies with the Internal Management Service, $233,654,000, of which For necessary expenses of the Internal Revenue Service’s enterprise architecture, not to exceed $9,220,000 shall remain avail- Revenue Service to provide taxpayer serv- including the modernization blueprint; (3) able until September 30, 2009, for information ices, including pre-filing assistance and edu- conforms with the Internal Revenue Serv- systems modernization initiatives; and of cation, filing and account services, taxpayer ice’s enterprise life cycle methodology; (4) is which not to exceed $2,500 shall be available advocacy services, and other services as au- approved by the Internal Revenue Service, for official reception and representation ex- thorized by 5 U.S.C. 3109, at such rates as the Department of the Treasury, and the Of- penses. may be determined by the Commissioner, fice of Management and Budget; (5) has been ALCOHOL AND TOBACCO TAX AND TRADE $2,059,151,000, of which up to $4,100,000 shall reviewed by the Government Accountability BUREAU be for the Tax Counseling for the Elderly Office; and (6) complies with the acquisition Program, and of which $8,000,000 shall be SALARIES AND EXPENSES rules, requirements, guidelines, and systems available for low-income taxpayer clinic acquisition management practices of the For necessary expenses of carrying out sec- grants. Federal Government. tion 1111 of the Homeland Security Act of ENFORCEMENT 2002, including hire of passenger motor vehi- b 1815 cles, $92,604,000; of which not to exceed $6,000 (INCLUDING TRANSFER OF FUNDS) AMENDMENT OFFERED BY MR. GARY G. MILLER for official reception and representation ex- For necessary expenses of the Internal OF CALIFORNIA penses; not to exceed $50,000 for cooperative Revenue Service to determine and collect research and development programs for lab- owed taxes, to provide legal and litigation Mr. GARY G. MILLER of California. oratory services; and provision of laboratory support, to conduct criminal investigations, Mr. Chairman, I offer an amendment. assistance to State and local agencies with to enforce criminal statutes related to viola- The Clerk read as follows: or without reimbursement. tions of internal revenue laws and other fi- Amendment offered by Mr. GARY G. MIL- LER UNITED STATES MINT nancial crimes, to purchase (for police-type of California: use, not to exceed 850) and hire of passenger Page 73, line 8, after the first dollar UNITED STATES MINT PUBLIC ENTERPRISE FUND motor vehicles (31 U.S.C. 1343(b)), and to pro- amount, insert the following: ‘‘(reduced by Pursuant to section 5136 of title 31, United vide other services as authorized by 5 U.S.C. $15,000,000)’’. States Code, the United States Mint is pro- 3109, at such rates as may be determined by Page 92, line 12, after the dollar amount, vided funding through the United States the Commissioner, $4,757,126,000, of which not insert the following: ‘‘(increased by Mint Public Enterprise Fund for costs asso- less than $55,584,000 shall be for the Inter- $15,000,000)’’. ciated with the production of circulating agency Crime and Drug Enforcement pro- Mr. GARY G. MILLER of California. coins, numismatic coins, and protective gram: Provided, That up to $10,000,000 may be Mr. Chairman, I have a modest amend- services, including both operating expenses transferred as necessary from this account ment to ensure HUD can continue to and capital investments. The aggregate to the Internal Revenue Service Operations work the redevelopment of brownfield amount of new liabilities and obligations in- Support appropriation solely for the pur- curred during fiscal year 2007 under such sec- sites to local communities. poses of the Interagency Crime and Drug En- I would like to commend Chairman tion 5136 for circulating coinage and protec- forcement program: Provided further, That tive service capital investments of the this transfer authority shall be in addition KNOLLENBERG. I am on the Financial United States Mint shall not exceed to any other transfer authority provided in Services Committee and Transpor- $30,200,000. this Act. tation Committee, and he has worked BUREAU OF THE PUBLIC DEBT OPERATIONS SUPPORT very hard and responsibly to fund the ADMINISTERING THE PUBLIC DEBT For necessary expenses of the Internal Nation’s housing and transportation For necessary expenses connected with any Revenue Service to operate and support tax- needs during this very, very tight public-debt issues of the United States, payer services and tax law enforcement pro- budget year. I am pleased that the bill $180,789,000, of which not to exceed $2,500 grams, including rent payments; facilities boosts highway spending, supports shall be available for official reception and services; printing; postage; physical security; aviation, addresses America’s critical representation expenses, and of which not to headquarters and other IRS-wide administra- housing needs, supports national anti- exceed $2,000,000 shall remain available until tion activities; research and statistics of in- drug efforts. September 30, 2009, for systems moderniza- come; telecommunications; information This amendment today basically tion: Provided, That the sum appropriated technology development, enhancement, oper- herein from the general fund for fiscal year ations, maintenance, and security; the hire keeps the BEDI program going, which 2007 shall be reduced by not more than of passenger motor vehicles (31 US.C. redevelops brownfields through the $3,000,000 as definitive security issue fees and 1343(b)); and other services as authorized by HUD administration. The estimate is Treasury Direct Investor Account Mainte- 5 U.S.C. 3109, at such rates as may be deter- 450,000 vacant sites lay idle throughout nance fees are collected, so as to result in a mined by the Commissioner; $3,438,404,000, of this country. They are underused in- final fiscal year 2007 appropriation from the which $1,447,451,000 shall be for information dustrial sites as a result of environ- general fund estimated at $177,789,000. In ad- systems and telecommunications support; of mental contamination caused by chem- dition, $70,000 to be derived from the Oil Spill which not to exceed $1,000,000 shall remain ical compounds and other hazardous Liability Trust Fund to reimburse the Bu- available until September 30, 2009, for re- reau for administrative and personnel ex- search; of which not to exceed $1,500,000 shall substances. penses for financial management of the be for the Internal Revenue Service Over- The basic year’s budget transfers all Fund, as authorized by section 1012 of Public sight Board; and of which not to exceed the funding to EPA. EPA has a com- Law 101–380. $25,000 shall be for official reception and rep- pletely different objective than HUD COMMUNITY DEVELOPMENT FINANCIAL resentation: Provided, That of the amount does through the BEDI Program. BEDI INSTITUTIONS FUND PROGRAM ACCOUNT made available for information systems and grants are basically used for economic telecommunication support, $75,000,000 shall To carry out the Community Development development. We passed out a bill I of- remain available until September 30, 2008, for Banking and Financial Institutions Act of fered last year, H.R. 280, that is in the information technology support. 1994 (Public Law 103–325), including services Senate today to restructure the BEDI authorized by 5 U.S.C. 3109, but at rates for BUSINESS SYSTEMS MODERNIZATION Program, making a simpler program individuals not to exceed the per diem rate For necessary expenses of the Internal more usable to local communities. Cur- equivalent to the rate for ES–3, $40,000,000, to Revenue Service for the business systems rently, to get a BEDI grant you have to remain available until September 30, 2008, of modernization program, $212,310,000, of which apply for a section 108 loan, then in re- which up to $12,800,000 may be used for ad- not less than $167,310,000 shall remain avail- ministrative expenses, including administra- able until September 30, 2009, for the capital payment you have to guarantee your tion of the New Markets Tax Credit, up to asset acquisition of information technology CDBG funds and pledge those to repay $6,000,000 may be used for the cost of direct systems, including management and related that loan. Some communities don’t re- loans, and up to $250,000 may be used for ad- contractual costs of said acquisitions, in- ceive CDBG funds directly, so they

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.050 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3846 CONGRESSIONAL RECORD — HOUSE June 13, 2006 could not apply for section 108. And the tial or appropriate due to the EPA’s ex- communities can use these funds for other communities who can, don’t panded authority and increased appro- this purpose if they choose to do so. want to readily pledge those CDBG priations, this is certainly a view that In addition, there are nearly two funds because many community orga- I do not share. dozen Federal programs that can help nizations and efforts are undertaken First of all, I believe it is important communities in one way or another to with the utilization of these funds. to note that there are clear distinc- assess, clean up and reuse brownfield These brownfield sites threaten our tions between EPA’s Brownfields Pro- sites. groundwater. They cost local commu- gram relative to HUD’s. EPA’s Brownfield Program has nities jobs and revenues. It is esti- Although both are equally impor- awarded 883 assessment grants totaling mated if we could clean these 450,000 tant, EPA’s program focuses primarily $225.4 million, 202 revolving loan fund brownfield sites up, it would generate on cleanup, whereas the focus of HUD’s grants totaling $186.7 million, 238 an additional 550,000 jobs throughout program is on redevelopment of cleanup grants totaling $42.7 million. this country and $2.4 billion in new tax brownfield sites once cleanup is com- By comparison, HUD’s program has revenues for its cities and towns. plete. been extremely slow and funds are The communities I represent and It is true that the authority of the often used as a loan loss reserve, rather communities throughout this country EPA has been expanded. However, the than as grants for reconstructing sites. want this program. The problem they consistent and chronic underfunding of HUD grants are a tiny fraction of have had is it has been a complex pro- the Brownfields Program by the Presi- project development costs. They rep- gram in the past. I thank Chairman dent and the Congress leave much to be resent just 2.3 percent of the total de- KNOLLENBERG. Last year you accepted desired in terms of corresponding ap- velopment costs on average. For each an amendment of mine which kept this propriations. HUD dollar, there was $28 in private program going. And the understanding In fact, appropriations for and $12 in State and local funds com- I had was we need to do legislation to brownfields assessment and cleanup mitted with an average of five State, modify the program in order to make it peaked. local, and private sources of funding or more accessible to communities. We The CHAIRMAN. The time of the financing for each project. HUD fund- have done that. It passed out of this gentleman from California has expired. ing is not critical to any decision to floor on unanimous consent. It is in the (By unanimous consent, Mr. GARY G. proceed with a project or makes any Senate currently. And we hope to have MILLER of California was allowed to difference to the completion of a that addressed in the Senate and made proceed for 30 additional seconds.) project. into law so we can keep this viable pro- Mr. GARY G. MILLER of California. This amendment, and we are being gram going. I yield to the gentlewoman from Texas. hit already early in title II, this EDDIE BERNICE JOHNSON has been a Ms. EDDIE BERNICE JOHNSON of amendment cuts the IRS’s Business true partner working with me on this, Texas. Appropriations for brownfields Systems Modernization Program by $15 and I yield to the gentlewoman from assessment cleanup peaked at $97.7 mil- million. While it appears this account Texas. lion in fiscal year 2002 and is only $89 is $45 million above the President’s re- Ms. EDDIE BERNICE JOHNSON of million in this year’s interior and envi- quest, it is actually just a restruc- Texas. Mr. Chairman, I want to begin ronment appropriations bill. turing of the IRS accounts. In fact, by commending the gentleman from Last week before the Subcommittee BSM is currently funded below last Michigan, Chairman KNOLLENBERG, and on Water Resources and Environment, year’s level. Cutting this $15 million the ranking member, the gentleman where I serve as ranking member, an will force IRS to lay off many of the from Massachusetts (Mr. OLVER), for EPA assistant administrator testified 317 personnel. Let me repeat that: 317 their good work on this bill in the that for fiscal year 2006 EPA received personnel who are currently working midst of an extremely tight budget en- nearly 700 proposals for Brownfield on the BSM project, delaying all work vironment. Both gentlemen have had Grants. Unfortunately, EPA funded on the modernization of IRS legacy to make some very unpopular deci- less than 45 percent of these. systems. sions. Mr. Chairman, our communities are So it is for those reasons that I urge However, as I stated last year, elimi- very deserving of these strong HUD-ad- a ‘‘no’’ vote on this amendment. nating the funding for brownfield rede- ministered brownfields programs. If Ms. EDDIE BERNICE JOHNSON of velopment programs should be recon- you watch the game tonight, look at Texas. Mr. Chairman, I move to strike sidered. As a result, I rise today in the American Center. Oh, you won’t the last word. strong support of the Miller-Johnson see that one. It will be in Miami to- Mr. Chairman, I would like to make amendment to H.R. 5576. night. But that was a brownfield in a final plea for this program. Even if Similar to last year, the gentleman Dallas. there might be a few people less in from California and I offered this Mr. KNOLLENBERG. Mr. Chairman, these Departments, it does not com- amendment today because we both feel I move to strike the last word. pare with what a small investment that it is time for this body to get real- I have always felt very strongly does to get rid of brownfields anywhere ly serious about eliminating the Na- about Mr. MILLER and his ideas. I do they are, because once this property is tion’s estimated 500,000 brownfields. have a problem with this particular put back on the tax rolls, it generates The amendment increases the De- amendment. I oppose any amendment more than ever than what is put into partment of Housing and Urban Devel- to continue the Brownfields Program, it. opment Brownfields Redevelopment which is recommended for elimination Program account by $15 million. as part of a broad sweep of lower pri- b 1830 In its present form, H.R. 5576 provides ority programs. We must reduce or And I want to express my apprecia- no funding for a program that has eliminate these duplicative programs tion to Mr. KNOLLENBERG because he helped to transform communities, in order to free up the funds for the has been helpful. But I would make a large and small, throughout the coun- highest priorities in HUD, which is, plea that this is a lot larger than what try. among other things, assistance to ex- was requested, and that is the reason The amendment calls for a cor- tremely low-income families and re- why we chose to take it from there. responding offset through a reduction storing funds for community develop- We all have to tighten our belts. We of $15 million within the Business Sys- ment. all have to give up a little more than tems Modernization Account in the Last year Congress recognized the what we had. But I can assure you that Treasury title. Currently, the Business lack of use of this program and re- allowing property to not be on a tax Systems Modernization Account is $45 scinded $10 million in unused prior- roll will go a lot longer way when you million above the administration’s re- year appropriations. The money wasn’t put the money there, just a small quest, and $15.3 million above last being spent. amount of money, than doing without year’s request. The activities of the Brownfields Pro- two or three staff people. While I respect the committee’s view gram remain, as they have been, eligi- I just imagine that any Department that HUD funding is no longer essen- ble uses for CDBG funds. States and in this Nation can function with just a

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.128 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3847 few less staff than what they have now 500,000. If we could put these sites into pro- stated that ‘‘HUD funds on average are just and do the same job. If we cannot, then ductive economic development uses we stand about 2.3 percent of the total development we are not doing as well as the private to increase jobs by 500,000 million, while gen- cost of each project. Moreover, for each HUD industry because they have cut half of erating $2.4 billion in new tax revenues. The dollar, there are $28 in private and $12 in their staff and are still doing the same Brownfields program that I would like to see State and local funds committed to the job. That is called higher productivity, funded is truly an economic development tool project.’’ and maybe that is what we need in that has been very effective in assisting com- These statistics were cited as a reason to some of these Departments is higher munities to reclaim important parcels of eliminate the HUD Brownfields program, but productivity, while half of the people underused land. To the extent that we elimi- instead they demonstrate its unique value. at home and the other half are doing nate funding for the BEDI program we will se- An initial influx of capital is often the great- the full job. But this will offer jobs. It riously undermine economic development ef- est barrier to remediation of brownfields sites, puts property back onto the tax rolls forts across-the-board. In the City of Los An- and HUD’s program provides that essential by allowing it to be redeveloped, and I geles and in Los Angeles County, the BEDI start up money. do not know a single city or rural area program supports a wide variety of projects, The HUD program has been remarkably ef- that could not use a little brownfield including developments with a strong business fective at leveraging private and local financial encouragement through their funds. attraction, expansion and/or retentions compo- resources to achieve new successes on old Mr. OLVER. Mr. Chairman, I move to nent, as well employment creation. properties. strike the last word. One example is the use of a $1.75 million This is an exciting time in the brownfields Mr. Chairman, I would just like to BEDI grant that was used to convert a con- marketplace. Federal brownfields programs point out that this is the second year taminated 130 acre oil production and storage have provided the foundation on which state in a row that we have had this discus- site facility into a warehouse and distribution initiatives have flourished. sion, and it is predicated on the idea center, which produced 679 jobs—the City of New Jersey has taken the lead creating a that somewhere there is a sense that Sante Fe Springs Golden Springs Develop- Federal Brownfields Inter-Agency Working the EPA has a program for brownfields ment Park. Group comprised of 14 federal and state that does the same thing that this HUD As many of you know, the House last year agencies. program for brownfields does. unanimously approved an amendment to pro- This unprecedented coordination of agen- Now, to the very best of my knowl- vide $24 million for Brownfields, and the con- cies, community partners and private investors edge, and very recently rechecked, the ference report provided $10 million. In addi- has enabled New Jersey to solve environ- EPA does assessments of hazardous tion, the House recently passed H.R. 280, the mental problems while providing businesses a materials on old industrial sites but Brownfields Redevelopment Enhancement Act place to locate, create jobs, build housing and does nothing to redevelop those sites so to provide greater access to the BEDI pro- entertainment venues—all without having to that this program is, to the best of my gram. go into farmlands and areas with open space. knowledge, the only place that we have Whether you agree with the $15 million This new business activity, housing or other done redevelopment of otherwise old funding level is not important. What is really types of redevelopment can restore the proud hazardous material sites, industrial critical is that the program be in place to con- heritage of successful enterprise to our historic sites that can be put back into use. tinue to assist communities to clean-up the cities and other locales. Now, last year, even though it had mess made by industry, as well as the inad- Throughout New Jersey and the country, been zeroed out, we ended up with a equate federal response. Many communities there are thousands of abandoned structures final budget of $9.9 million by amend- are at a critical stage in revitalizing them- that were once thriving businesses, often part ment adopted on the floor. The offset selves. A major tool at their disposal has been of large industrial centers. here is an unpalatable offset. But, the BEDI program. As such, I urge your sup- Economic development matched with envi- again, my belief is that the Brownfields port for the Miller amendment. ronmental cleanup has resulted in the rebirth Program is at least as important as the Mr. PASCRELL. Mr. Chairman, I rise in of many industrial and commercial properties IRS Business Systems Program. If this strong support of the Miller-Johnson amend- and surrounding neighborhoods. amendment is defeated, I will assure ment to restore funding for the HUD Anyone who cares about our nation’s cities the gentlewoman from Texas that I Brownfields program. celebrates these successes, and welcomes I want to congratulate the gentleman from will do my best to see that something the flexibility of the program. HUD’s particular California for his amendment. As a former better comes out of the final process expertise in incorporating brownfields remedi- mayor, I believe that this amendment will have and the conference process on this leg- ation into a larger strategy for economic devel- a very positive impact on our Nation’s cities. islation. opment and community revitalization is essen- Since the inception of its Brownfield pro- In the meantime, I will join her in tial to the success we have had and will con- grams, the federal government has allocated support of the legislation. tinue to have in the future. over $800 million in brownfield assessment Ms. WATERS. Mr. Chairman, I rise to sup- I urge my colleagues to support this very and cleanup funds. port the Miller Brownfields amendment. The In addition, this investment has leveraged worthwhile amendment to restore funding for Amendment provides $15 million in funding for over $8 billion in cleanup and redevelopment the HUD Brownfields program. The CHAIRMAN. The question is on the Brownfields program. dollars, a better than 10-to-1 return on invest- Again, let me thank the Chairman of the the amendment offered by the gen- ment. It has resulted in the assessment of Subcommittee, JOE KNOLLENBERG and the tleman from California (Mr. GARY G. more than 8,000 properties and helped create Ranking Member, JOHN W. OLVER, for their MILLER). over 37,000 jobs. work on this bill. HUD programs, however, This is because EPA and HUD grants work The question was taken; and the have witnessed major cuts over the past sev- in conjunction with funding from state, local Chairman announced that the noes ap- eral years. What I find interesting about this and private sources to address cleanup of peared to have it. bill is that it does not provide any funding for brownfield sites. Mr. GARY G. MILLER of California. the Brownfields Economic Development Initia- Brownfields sites include inactive factories, Mr. Chairman, I demand a recorded tives (BEDI) program, but instead includes gas stations, salvage yards, and abandoned vote. Brownfields redevelopment as an eligible ac- warehouses. The CHAIRMAN. Pursuant to clause tivity under the Community Development Block These sites drive down property values, pro- 6 of rule XVIII, further proceedings on Grant (CDBG) program. Of course, this does vide little or no tax revenue, and contribute to the amendment offered by the gen- not take into account the existence of numer- community blight. tleman from California will be post- ous Brownfields sites across the country. HUD’s brownfields program serves as a cat- poned. These sites are often located in strategically alyst to spur private sector investment, job Mr. KNOLLENBERG. Mr. Chairman, important areas of a city or county, where eco- creation and economic development in com- I move that the Committee do now nomic development projects have been munities. rise. planned. Without funding for the Brownfields HUD’s program supports sustainable eco- The motion was agreed to. program many of these projects will not be un- nomic development that leverages invest- Accordingly, the Committee rose; dertaken. ments from other public and private sources. and the Speaker pro tempore (Mr. SIM- The estimate of the number of vacant and In comments from last year’s floor debate, MONS) having assumed the chair, Mr. underused sites around the U.S. is more than an opponent of the HUD Brownfields program DREIER, Chairman of the Committee of

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.135 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3848 CONGRESSIONAL RECORD — HOUSE June 13, 2006 the Whole House on the State of the an amendment by Mr. JINDAL to an amendment by Mr. FLAKE regard- Union, reported that that Committee, make eligible certain individuals for ing funding limitation on Agricenter having had under consideration the bill HUD project-based rental assistance; Interchange in Tulare, California; (H.R. 5576) making appropriations for an amendment by Ms. HARRIS regard- an amendment by Mr. FLAKE regard- the Departments of Transportation, ing funding levels for the HUD Elderly ing funding limitation on Fairmont Treasury, and Housing and Urban De- and Disabled program; Gateway Connector System in West velopment, the Judiciary, District of an amendment by Ms. JACKSON-LEE Virginia; Columbia, and independent agencies of Texas regarding eligibility for HUD an amendment by Mr. FLAKE regard- for the fiscal year ending September 30, elderly housing; ing funding limitation on road im- 2007, and for other purposes, had come an amendment by Ms. SLAUGHTER re- provements in Monroe County, New to no resolution thereon. garding the funding level for HUD lead- York; f based paint activities; an amendment by Mr. FLAKE regard- an amendment by Ms. MILLENDER- LIMITING AMENDMENTS DURING ing funding limitation on the Bakers- MCDONALD regarding Election Assist- field Beltway system in California; FURTHER CONSIDERATION OF ance College Poll Work Program; an amendment by Mr. FLAKE regard- H.R. 5576, TRANSPORTATION, an amendment by Mr. FRANK of Mas- ing funding limitation on construction TREASURY, HOUSING AND sachusetts regarding section 325 of this on the Spirit of South Carolina in URBAN DEVELOPMENT, THE JU- bill; Charleston; DICIARY, THE DISTRICT OF CO- an amendment by Ms. WATERS re- LUMBIA AND INDEPENDENT garding funding for HUD section 108 an amendment by Mr. FLAKE regard- AGENCIES APPROPRIATIONS loan guarantee program; ing funding limitation on facilities ACT, 2007 an amendment by Mr. SHAYS regard- construction in Weirton, West Vir- ginia; Mr. KNOLLENBERG. Mr. Speaker, I ing the Privacy and Civil Liberties Board; an amendment by Mr. FLAKE regard- ask unanimous consent that during ing funding limitation on construction further consideration of H.R. 5576 in an amendment by Mr. SHAYS regarding the Privacy and Civil Liberties of an Audubon Nature Center in Co- the Committee of the Whole pursuant lumbus, Ohio; to House Resolution 865, notwith- Board; an amendment by Ms. HOOLEY re- an amendment by Mr. FLAKE regard- standing clause 11 of rule XVIII, no fur- garding funding for HIDTA program; ing funding limitation on religious ac- ther amendment to the bill may be of- an amendment by Mrs. MALONEY re- tivities in Cuba; fered except: garding the Privacy and Civil Liberties an amendment by Mr. GARRETT of pro forma amendments offered at any Board; New Jersey regarding travel to over- point in the reading by the chairman an amendment by Mr. WYNN regard- seas conferences; or ranking minority member of the ing funding level for OPM administra- an amendment by Mr. GARRETT of Committee on Appropriations or their tive expense; New Jersey regarding a study on State designees for the purpose of debate; an amendment by Mr. BAIRD regard- transportation funding; an amendment by Ms. HARRIS or Mr. ing funding limitation on transpor- an amendment by Mr. GORDON re- DAVIS of Alabama regarding funding tation projects that fail to comply with garding funding limitation on energy for Public Housing Capital Fund, which section 1928 of SAFETEA–LU; efficiency; shall be debatable for 20 minutes; an amendment by Mr. BISHOP of New an amendment by Mr. HASTINGS of an amendment by Mr. FRANK of Mas- York regarding the 10th anniversary of Florida regarding TRACON consolida- sachusetts regarding funding limita- TWA Flight 800; tion in high-threat urban areas; tion on tenant-based section 8 vouch- an amendment by Mr. CLEAVER re- an amendment by Mr. HEFLEY re- ers, which shall be debatable for 20 garding item No. 87 of section 1702 of minutes; garding reduction of funds; SAFETEA–LU; an amendment by Ms. JACKSON-LEE an amendment by Mr. YOUNG of Alas- an amendment by Mr. CUELLAR re- ka regarding funding for certain high- of Texas regarding denial of noise miti- garding limitation on obligations; gation grants; way projects in Illinois; an amendment by Ms. DELAURO re- an amendment by Ms. JACKSON-LEE an amendment by Mr. YOUNG of Alas- garding funding limitation on cor- ka regarding funding for certain high- of Texas regarding regulations on noise porate expatriation; mitigation; way projects in Illinois; an amendment by Mr. DOOLITTLE re- an amendment by Mr. KENNEDY of an amendment by Mr. YOUNG of Alas- garding funding limitation on FEC cer- Minnesota regarding funding limita- ka regarding funding for certain high- tifications; tion on FTA ratings system on the way projects in Illinois; an amendment by Mr. ENGEL regard- Northstar Corridor Rail project; an amendment by Mr. KUCINICH re- ing funding limitation on purchase of an amendment by Mr. KING of Iowa garding certain IRS enforcement ac- alternative fuel vehicles; regarding funding limitation on nam- tivities; an amendment by Mr. FLAKE regard- an amendment by Mr. AL GREEN of ing funding limitation on Monterey ing of certain public works projects or Texas regarding funding for the HUD– Bay Sanctuary Scenic Trail in Cali- programs; FHIP program; fornia; an amendment by Mr. KING of Iowa an amendment by Mr. GARY G. MIL- an amendment by Mr. FLAKE regard- regarding funding limitation on con- LER of California regarding funding for ing funding limitation on Fairfax tracting practices based on racial pref- the HUD Community Development County Virginia Park Authority field erences; Fund; improvements in Annandale, Virginia; an amendment by Mr. KING of Iowa an amendment by Mr. THOMAS re- an amendment by Mr. FLAKE regard- regarding funding limitation on con- garding section 209 of this bill; ing funding limitation on Strand The- struction of a center in Los Angeles; an amendment by Mr. NADLER re- ater Arts Center in Plattsburg, New an amendment by Mr. KIRK regarding garding the funding level for tenant- York; funding limitation on certain bridge based section 8 vouchers; an amendment by Mr. FLAKE regard- construction in Alaska; an amendment by Mr. INSLEE regarding funding limitation on William an amendment by Ms. LEE regarding ing funding level for the Public Hous- Faulkner Museum in Oxford, Mis- funding limitation on restrictions on ing Capital Fund; sissippi; education travel to Cuba; an amendment by Mr. NADLER re- an amendment by Mr. FLAKE regard- an amendment by Mr. LIPINSKI regarding the funding level for the ing funding limitation on multipurpose garding funding for rail line relocation HOPWA program; facility in Yucaupa, California; program; an amendment by Ms. JACKSON-LEE an amendment by Mr. FLAKE regard- an amendment by Mr. MCHENRY re- of Texas to change the funding avail- ing funding limitation on renovations garding funding limitation on an inter- ability for the HOME downpayment as- to a city-owned pool in Banning, Cali- change located at exit 131 in Catawba sistance program; fornia; County, North Carolina;

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.136 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3849 an amendment by Mr. MORAN of Kan- There was no objection. I am also pleased that the committee sas regarding funding limitation on re- f report suggests that $250,000 of the strictions on agricultural trade with EAC’s funding be allocated to the Col- Cuba; TRANSPORTATION, TREASURY, lege Worker’s Poll Grant Program, au- an amendment by Mr. OBERSTAR re- HOUSING AND URBAN DEVELOP- thorized by the Help America Vote Act, garding funding limitation on imple- MENT, THE JUDICIARY, THE DIS- HAVA. mentation of a final rule on certain air TRICT OF COLUMBIA AND INDE- However, Mr. Chairman, I do believe carriers; PENDENT AGENCIES APPROPRIA- that this funding is not sufficient to an amendment by Mr. RANGEL re- TIONS ACT, 2007 meet the critical challenges facing the garding funding limitation on enforce- The SPEAKER pro tempore. Pursu- administration of elections in this ment of economic embargo of Cuba; ant to House Resolution 865 and rule country. an amendment by Mr. TIAHRT regard- XVIII, the Chair declares the House in I am offering this amendment to ining competitiveness of U.S. businesses; the Committee of the Whole House on crease the funding. an amendment by Mr. TIAHRT regard- Mr. KNOLLENBERG. Mr. Chairman, ing IRS services; and the State of the Union for the further an amendment or amendments by consideration of the bill, H.R. 5576. will the gentlewoman yield? Ms. MILLENDER-MCDONALD. I Mr. KNOLLENBERG regarding funding in b 1845 the bill. yield to the gentleman from Michigan. Each such amendment may be offered IN THE COMMITTEE OF THE WHOLE Mr. KNOLLENBERG. Mr. Chairman, only by the Member named in this re- Accordingly, the House resolved I would be happy to accept your quest or a designee, or by the Member itself into the Committee of the Whole amendment. who caused it to be printed in the House on the State of the Union for the Ms. MILLENDER-MCDONALD. Mr. RECORD or a designee, shall be consid- further consideration of the bill (H.R. Chairman, I yield back the balance of ered as read, shall not be subject to 5576) making appropriations for the De- my time. amendment except that the chairman partments of Transportation, Treas- The CHAIRMAN. The question is on and ranking minority member of the ury, and Housing and Urban Develop- the amendment offered by the gentle- Committee on Appropriations and the ment, the Judiciary, District of Colum- woman from California (Ms. Subcommittee on Transportation, bia, and independent agencies for the MILLENDER-MCDONALD). Treasury, and Housing and Urban De- fiscal year ending September 30, 2007, The amendment was agreed to. velopment, Judiciary, District of Co- and for other purposes, with Mr. The CHAIRMAN. The Clerk will read. lumbia, and independent agencies each DREIER in the chair. The Clerk read as follows: may offer one pro forma amendment The Clerk read the title of the bill. HEALTH INSURANCE TAX CREDIT for the purpose of debate; and shall not The CHAIRMAN. When the Com- ADMINISTRATION be subject to a demand for division of mittee of the Whole rose earlier today, For expenses necessary to implement the the question in the House or in the a request for a recorded vote on the health insurance tax credit included in the Committee of the Whole. amendment offered by the gentleman Trade Act of 2002 (Public Law 107–210), $14,846,000. Except as otherwise specified, each from California (Mr. GARY G. MILLER) amendment shall be debatable for 10 had been postponed and the bill had ADMINISTRATRATIVE PROVISIONS—INTERNAL REVENUE SERVICE minutes, equally divided and con- been read through page 74, line 5. trolled by the proponent and an oppo- Pursuant to the order of the House of (INCLUDING TRANSFER OF FUNDS) nent. An amendment shall be consid- today, no further amendment to the SEC. 201. Not to exceed 5 percent of any appropriation made available in this Act to the ered to fit the description stated in bill may be offered except those speci- this request if it addresses in whole or Internal Revenue Service or not to exceed 3 fied in the previous order of the House percent of appropriations under the heading in part the object described. of today, which is at the desk. The SPEAKER pro tempore. Is there ‘‘Enforcement’’ may be transferred to any other Internal Revenue Service appropria- objection to the request of the gen- AMENDMENT OFFERED BY MS. MILLENDER- MCDONALD tion upon the advance approval of the Com- tleman from Michigan? mittees on Appropriations. Mr. OBEY. Mr. Speaker, reserving Ms. MILLENDER-MCDONALD. Mr. Chairman, I offer an amendment. SEC. 202. The Internal Revenue Service the right to object, I simply under the shall maintain a training program to ensure reservation would like to point out to The CHAIRMAN. The Clerk will des- that Internal Revenue Service employees are the House that if this is strictly ad- ignate the amendment. trained in taxpayers’ rights, in dealing cour- hered to, there are 67 amendments that The text of the amendment is as fol- teously with taxpayers, and in cross-cultural are provided for under this UC request. lows: relations. It will take approximately 11 hours Amendment offered by Ms. MILLENDER- SEC. 203. The Internal Revenue Service just for the debate time, not allowing MCDONALD: shall institute and enforce policies and procedures that will safeguard the confiden- for slippage, not allowing for other Page 73, line 8, insert after the first dollar amount the following: ‘‘(reduced by tiality of taxpayer information. Members yielding or the natural slid- SEC. 204. Funds made available by this or ing that we have in the House. That $250,000)’’. Page 190, line 10, insert after the first dol- any other Act to the Internal Revenue Serv- means that it will take at least 13 to 14 lar amount the following: ‘‘(increased by ice shall be available for improved facilities hours to finish these amendments plus $250,000)’’. and increased manpower to provide suffi- the time that is needed for voting. cient and effective 1–800 help line service for Assuming that only one-third of The CHAIRMAN. Pursuant to the taxpayers. The Commissioner shall continue these amendments are put to a record order of the House of today, the gentle- to make the improvement of the Internal vote, we could have a total of around 16 woman from California and a Member Revenue Service 1–800 help line service a pri- to 17 hours before this bill is finished. opposed each will control 5 minutes. ority and allocate resources necessary to increase phone lines and staff to improve the That will certainly take us through to- The Chair recognizes the gentlewoman from California. Internal Revenue Service 1–800 help line night, all of tomorrow, and well into service. Ms. MILLENDER-MCDONALD. Mr. Friday and perhaps beyond. So I would SEC. 205. Of the funds made available by ask Members to again think through Chairman, I rise today to offer this this Act to the Internal Revenue Service, not whether or not they feel the need to amendment to the Transportation- less than $166,249,000 shall be available for offer every one of these amendments. If Treasury Appropriations bill for fiscal operating expenses of the Taxpayer Advocate they are, we will be here for a long, year 2007, to provide more funding for Service, of which not less than $166,101,000 long time with other competing busi- the training of college students to be shall be made available from the ‘‘Taxpayer ness being squeezed to the end of the poll workers. Services’’ account and $148,000 shall be made available from the ‘‘Operations Support’’ ac- week. As ranking member on the Com- mittee on House Administration, I am count. Mr. Speaker, I withdraw my reserva- SEC. 206. None of the funds appropriated or tion of objection. pleased that the Appropriations Com- otherwise made available by this or any The SPEAKER pro tempore. Is there mittee fully funded the budget request other Act or source in this or any future fis- objection to the request of the gen- for the Election Assistance Commis- cal year may be used to develop or provide tleman from Michigan? sion, commonly referred to as EAC. taxpayers with free individual income tax

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electronic preparation and filing products or SEC. 211. Not to exceed 2 percent of any ap- TITLE III services other than through the Free File propriations in this Act made available to DEPARTMENT OF HOUSING AND URBAN program and the Internal Revenue Service’s the Departmental Offices—Salaries and Ex- DEVELOPMENT Taxpayer Assistance Centers, Tax Coun- penses, Office of Inspector General, Finan- PUBLIC AND INDIAN HOUSING seling for the Elderly, and volunteer income cial Management Service, Alcohol and To- tax assistance programs: Provided, That no bacco Tax and Trade Bureau, Financial TENANT-BASED RENTAL ASSISTANCE such funds may be used to develop or imple- Crimes Enforcement Network, and Bureau of (INCLUDING TRANSFER OF FUNDS) ment direct interactive online electronic in- the Public Debt, may be transferred between For activities and assistance for the provi- dividual income tax preparation or filing such appropriations upon the advance ap- sion of tenant-based rental assistance au- services or products, or a return-free system proval of the Committees on Appropriations: thorized under the United States Housing as described in section 2004 of the Internal Provided, That no transfer may increase or Act of 1937, as amended (42 U.S.C. 1437 et Revenue Service Restructuring and Reform decrease any such appropriation by more seq.) (‘‘the Act’’ herein), not otherwise pro- Act of 1998. than 2 percent. vided for, $15,776,400,000, to remain available POINT OF ORDER SEC. 212. Not to exceed 2 percent of any ap- until expended, of which $11,576,400,000 shall Mr. THOMAS. Mr. Chairman, I raise propriation made available in this Act to the be available on October 1, 2006, and Internal Revenue Service may be transferred $4,200,000,000 shall be available on October 1, a point of order. to the Treasury Inspector General for Tax The CHAIRMAN. The gentleman will 2007: Provided, That the amounts made avail- Administration’s appropriation upon the ad- able under this heading are provided as fol- state his point of order. vance approval of the Committees on Appro- lows: Mr. THOMAS. Mr. Chairman, I raise priations: Provided, That no transfer may in- (1) $14,436,200,000 for renewals of expiring a point of order against section 206 of crease or decrease any such appropriation by section 8 tenant-based annual contributions this bill, H.R. 5576, on the grounds that more than 2 percent. contracts (including renewals of enhanced this provision violates clause 2(b) of SEC. 213. Of the funds available for the pur- vouchers under any provision of law author- House rule XXI, because it is legisla- chase of law enforcement vehicles, no funds izing such assistance under section 8(t) of may be obligated until the Secretary of the the Act): Provided, That notwithstanding any tion included in a general appropria- Treasury certifies that the purchase by the tions bill. other provision of law, from amounts pro- respective Treasury bureau is consistent vided under this paragraph, the Secretary for The CHAIRMAN. Does any other with Departmental vehicle management the calendar year 2007 funding cycle shall Member wish to be heard on the point principles: Provided, That the Secretary may provide renewal funding for each public of order? If not, the Chair is prepared delegate this authority to the Assistant Sec- housing agency based on the amount public to rule. retary for Management. housing agencies were eligible to receive in The Chair finds that this section ad- SEC. 214. None of the funds appropriated in calendar year 2006, and by applying the 2007 dresses funds in other Acts. As such, this Act or otherwise available to the De- Annual Adjustment Factor as established by partment of the Treasury or the Bureau of the Secretary, and by making any necessary the section constitutes legislation in Engraving and Printing may be used to rede- violation of clause 2 of rule XXI. adjustments for the costs associated with design the $1 Federal Reserve note. posits to Family Self-Sufficiency Program The point of order is sustained, and SEC. 215. The Secretary of the Treasury escrow accounts or the first-time renewal of the section is stricken from the bill. may transfer funds from Financial Manage- tenant protection or HOPE VI vouchers: Pro- The Clerk will read. ment Services, Salaries and Expenses to vided further, That the Secretary shall, to The Clerk read as follows: Debt Collection Fund as necessary to cover the extent necessary to stay within the the costs of debt collection: Provided, That SEC. 207. Appropriations for the Internal amount provided under this paragraph, pro Revenue Service for the taxpayer service and such amounts shall be reimbursed to such rate each public housing agency’s allocation tax law enforcement programs for fiscal year salaries and expenses account from debt col- otherwise established pursuant to this para- 2007 and thereafter shall be made up of three lections received in the Debt Collection graph: Provided further, That public housing accounts, ‘‘Taxpayer Services’’, ‘‘Enforce- Fund. agencies participating in the Moving to ment’’, and ‘‘Operations Support’’ for ful- SEC. 216. Section 122(g)(1) of Public Law Work demonstration shall be funded pursu- filling the taxpayer service and enforcement 105–119 (5 U.S.C. 3104 note), is further amend- ant to their Moving to Work agreements and programs. ed by striking ‘‘8 years’’ and inserting ‘‘9 shall be subject to the same pro rata adjust- years’’. SEC. 208. Amounts made available for fiscal ments under the previous proviso: Provided year 2007 under the ‘‘Taxpayer Services’’, SEC. 217. None of the funds appropriated or further, That up to $100,000,000 shall be avail- ‘‘Enforcement’’, and ‘‘Operations Support’’ otherwise made available by this or any able for additional rental subsidy due to un- accounts may be transferred between the ac- other Act may be used by the United States foreseen exigencies as determined by the counts to the extent necessary to implement Mint to construct or operate any museum Secretary and for the one-time funding of the restructuring of the Internal Revenue without the explicit approval of the House housing assistance payments resulting from Service accounts after notice of the amount Committee on Financial Services and the the portability provisions of the housing and purpose of the transfer is provided to the Senate Committee on Banking, Housing, and choice voucher program; Committees on Appropriations of the Senate Urban Affairs. (2) $149,300,000 for section 8 rental assist- and House of Representatives and a period of SEC. 218. None of the funds appropriated or ance for relocation and replacement of hous- 30 days has elapsed: Provided, That the limi- otherwise made available by this or any ing units under lease that are demolished or tation on transfers is 20 percent in fiscal other Act or source to the Department of the disposed of pursuant to the Omnibus Consoli- year 2007. Treasury, the Bureau of Engraving and dated Rescissions and Appropriations Act of SEC. 209. None of the funds made available Printing, and the United States Mint, indi- 1996 (Public Law 104–134), conversion of sec- in this Act may be used to enter into, renew, vidually or collectively, may be used to con- tion 23 projects to assistance under section 8, extend, administer, implement, enforce, or solidate any or all functions of the Bureau of the family unification program under sec- provide oversight of any qualified tax collec- Engraving and Printing and the United tion 8(x) of the Act, relocation of witnesses tion contract (as defined in section 6306 of States Mint without the explicit approval of in connection with efforts to combat crime the Internal Revenue Code of 1986). the House Committee on Financial Services; in public and assisted housing pursuant to a the Senate Committee on Banking, Housing, request from a law enforcement or prosecu- ADMINISTRATIVE PROVISIONS—DEPARTMENT and Urban Affairs; the House Committee on tion agency, enhanced vouchers under any OF THE TREASURY Appropriations; and the Senate Committee provision of law authorizing such assistance (INCLUDING TRANSFER OF FUNDS) on Appropriations. under section 8(t) of the Act, HOPE VI SEC. 210. Appropriations to the Department SEC. 219. Section 3333(a) of title 31, United vouchers, mandatory and voluntary conver- of the Treasury in this Act shall be available States Code, is amended by striking para- sions, and tenant protection assistance infor uniforms or allowances therefor, as au- graph (3) and inserting the following: cluding replacement and relocation assist- thorized by law (5 U.S.C. 5901), including ‘‘(3) The amount of the relief, and the ance: Provided, That additional section 8 ten- maintenance, repairs, and cleaning; purchase amount of any relief granted to an official or ant protection rental assistance costs may of insurance for official motor vehicles oper- agent of the Department of the Treasury be funded in 2007 by utilizing unobligated ated in foreign countries; purchase of motor under section 3527 of this title, shall be balances, including recaptures and carry- vehicles without regard to the general pur- charged to the Check Forgery Insurance over, remaining from funds appropriated to chase price limitations for vehicles pur- Fund under section 3343 of this title. A re- the Department of Housing and Urban Devel- chased and used overseas for the current fis- covery or repayment of a loss for which re- opment under this heading, the heading ‘‘An- cal year; entering into contracts with the placement is made out of the fund shall be nual Contributions for Assisted Housing’’, Department of State for the furnishing of credited to the fund and is available for the the heading ‘‘Housing Certificate Fund’’, and health and medical services to employees purposes for which the fund was estab- the heading ‘‘Project-based rental assist- and their dependents serving in foreign coun- lished.’’ ance’’, for fiscal year 2006 and prior years tries; and services authorized by 5 U.S.C. This title may be cited as the ‘‘Department notwithstanding the purposes for which such 3109. of the Treasury Appropriations Act, 2007’’. amounts were appropriated;

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.054 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3851 (3) $47,500,000 for family self-sufficiency co- The Chair recognizes the gentleman lies in urban and rural communities in ordinators under section 23 of the Act; from New York. our country. (4) $5,900,000 shall be transferred to the Mr. NADLER. Mr. Chairman, I yield Those vouchers are often the only re- Working Capital Fund; and myself such time as I may consume. source for low-income families con- (5) $1,137,500,000 for administrative and Mr. Chairman, this amendment other expenses of public housing agencies in fronted by our Nation’s affordable administering the section 8 tenant-based would increase funding for Section 8 housing crisis. rental assistance program, of which up to housing vouchers by $70 million to en- Mr. Chairman, many Republicans $30,000,000 shall be available to the Secretary able an additional 10,000 low-income support this amendment. We passed a to allocate to public housing agencies that families to afford safe, decent housing. similar amendment last year with Re- need additional funds to administer their To offset this increase, the amend- publican support. 141 Members have section 8 programs, with up to $20,000,000 to ment cuts the Working Capital Fund signed a letter in support of fully fund- be for fees associated with section 8 tenant for a poorly managed computer up- protection rental assistance: Provided, That ing the President’s request, which grade program. Even with the reduc- would be twice the size of this amend- $1,107,500,000 of the amount provided in this tion, the bill would still provide $94 paragraph shall be allocated for the calendar ment. 225 Members, including 30 Repub- year 2007 funding cycle on a pro rata basis to million in working capital funds for IT licans, voted for an essentially similar public housing agencies based on the amount projects in eight accounts scattered amendment last year. public housing agencies were eligible to re- around the bill other than the Working I urge everyone on both sides of the ceive in calendar year 2006: Provided further, Capital Fund itself. aisle to vote for this amendment. That all amounts provided under this para- We have a choice, Mr. Chairman. Do Finally, let me say that we may be graph shall be only for activities related to we want to help thousands of families told that the offset would leave no the provision of tenant-based rental assist- obtain affordable housing, or do we funds in the computer account. The ance authorized under section 8, including think it is more important to have a related development activities. fact is the committee has been very in- somewhat faster computer upgrade in genious in squirreling away money in AMENDMENT OFFERED BY MR. NADLER HUD? If we support American families, different accounts. Mr. NADLER. Mr. Chairman, I offer we should support this amendment. an amendment. We all understand the budget is ex- Mr. Chairman, I have here a list of The CHAIRMAN. The Clerk will des- tremely tight and that many programs all of the places in the bill where ignate the amendment. are facing cuts. Our amendment, there- money is squirreled away for these The text of the amendment is as fol- fore, does not seek to restore the computers. There is a total of $194 mil- lows: amount to the amount that the Presi- lion. With this amendment it would Amendment offered by Mr. NADLER: dent recommended, which is $144 mil- still leave $94 million for this purpose. Page 80, line 24, after the dollar amount, lion more than the committee rec- Mr. Chairman, I thank the chairman. insert the following: ‘‘(increased by ommends, it seeks merely to restore I urge everyone to vote for this amend- $70,000,000)’’. $70 million, or about half of what the ment. Page 80, line 25, after the dollar amount, difference is to what the President rec- Mr. Chairman, I would offer this insert the following: ‘‘(increased by chart for the RECORD. I am pleased to $70,000,000)’’. ommended. Page 81, line 3, after the dollar amount, in- This is less than the bare minimum announce also that the amendment has sert the following: ‘‘(increased by of what is needed. We have hundreds of gained the support of the AARP and $70,000,000)’’. thousands of families on waiting lists, the National League of Cities. Once Page 113, line 16, after the dollar amount, waiting 8, 9, 10 years for decent housing again, the choice is, will we provide insert the following: ‘‘(reduced by for Section 8 vouchers. 10,000 families with safe, decent hous- $100,000,000)’’. This amendment will enable us to ing, at the price of slightly slowing The CHAIRMAN. Pursuant to the provide vouchers to about 10,000 of down a computerization program for order of the House of today, the gen- those families. That is our choice. The the bureaucrats at HUD? tleman from New York (Mr. NADLER) Section 8 housing voucher program That is the choice. I hope everyone and a Member opposed each will con- provides safe, affordable housing to ap- will vote yes on the Nadler-Velazquez trol 5 minutes. proximately 2 million American fami- Amendment.

Programs descriptions Additional descriptions Amount Page/Line

Public Indian Housing ...... Tenant Based Rental Assistance ...... $5,900,000 pg. 83 In. 14. Public Housing Capital Fund ...... 14,850,000 pg. 86 In. 1. Community House and Development ...... Housing Opportunities for People with AIDS ...... 1,485,000 pg. 92. In. 4. Home Investment Partnerships Program ...... 3,465,000 pg. 94 In. 22. Homeless Assistant Grants ...... 2,475,000 pg. 97 In. 20. Housing Programs Project Based Rental Assistance ...... 3,960,000 pg. 99 In. 24. Housing for the Elderly ...... 1,980,000 pg. 101 In. 7. Housing for Persons with Disabilities ...... 990,000 pg. 102 In. 5. Federal Housing Administration ...... Mutual Mortgage Insurance Program Account ...... 23,562,000 pg. 105 In. 6. General and Special Risk Program Account ...... 10,692,000 pg. 106 In. 22. Management and Administration ...... Salaries and Expenses ...... 15,000,000 pg. 112 In. 25. Working Capital Fund ...... 100,000,000 pg. 113 In. 16. Section 325 ...... Administrative Contract Expenses ...... 10,000,000 pg. 133. In. 21. $194,359,000

Mr. Chairman, I reserve the balance vouchers, but also provide funds to re- cutting this program to boost Section 8 of my time. store vouchers that may have been lost will have a very real and negative im- Mr. KNOLLENBERG. Mr. Chairman, in recent years. pact on the Section 8 program. I claim the time in opposition. The proposed reduction to the Work- So therefore, I must urge a no vote The CHAIRMAN. The gentleman is ing Capital Fund leaves a funding level on this amendment. recognized for 5 minutes. Mr. Chairman, I yield back the bal- Mr. KNOLLENBERG. Mr. Chairman, that is not sufficient to support HUD’s existing needs and will cause delays in ance of my time. the bill before us fully funds the re- Mr. NADLER. Mr. Chairman, how critically needed efforts to modernize newal of Section 8 vouchers. Additional much time do we have remaining? funds, especially ones at the expense of antiquated legacy systems in such The CHAIRMAN. The gentleman has critical programs, are simply not nec- areas as HUD’s core financial systems 2 minutes remaining. essary. The cost of Section 8 vouchers and FHA mortgage program systems. Mr. NADLER. Mr. Chairman, I yield are remaining constant and in some More importantly, the funds of the myself such time as I may consume. markets are actually decreasing. Working Capital Fund are the funds Mr. Chairman, the fact is we have As such, this funding level will not that ensure that HUD is able to make waiting lists in many of our cities of 8, only maintain the current level of Section 8 payments on time. Ironically, 9, and 10 years for Section 8 vouchers.

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.055 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3852 CONGRESSIONAL RECORD — HOUSE June 13, 2006 We could do much, much more than Housing Act of 1937, as amended (42 U.S.C. administration. In fact, its chief archi- this amendment would do and shorten 1437g) (the ‘‘Act’’) $2,178,000,000, to remain tect was former Secretary of Housing these waiting lists to 5 and 6 years. available until September 30, 2010: Provided, and Urban Development Jack Kemp. It Mr. Chairman, it is wrong for low-in- That notwithstanding any other provision of is a program which has been in place law or regulation, during fiscal year 2007, the come Americans to have to wait 8, 9 Secretary may not delegate to any Depart- for 16 years now, and it has literally and 10 years for decent, safe housing. ment official other than the Deputy Sec- changed the face of public housing in This amendment will go a little ways retary and the Assistant Secretary for Pub- numerous communities around our toward supplying that need. lic and Indian Housing any authority under country. The chairman says that the commit- paragraph (2) of section 9(j) regarding the ex- I have seen it happen three times in tee’s proposal funds all of the Section 8 tension of the time periods under such sec- Birmingham, Alabama and Tuscaloosa, vouchers. It funds enough Section 8 tion: Provided further, That for purposes of Alabama. Abandoned, near dilapidated vouchers to continue a waiting list of such section 9(j), the term ‘‘obligate’’ means, public housing projects, which had with respect to amounts, that the amounts 8, 9, and 10 years. are subject to a binding agreement that will been given up, have now been turned Now, it is true the offset takes some result in outlays, immediately or in the fu- into mixed-income developments. And money away from a computerization ture: Provided further, That of the total whole communities of Birmingham and account at HUD, but it leaves $94 mil- amount provided under this heading, up to Tuscaloosa, which had been squan- lion for that purpose. The computeriza- $10,890,000 shall be for carrying out activities dered, are now on the road toward eco- tion at HUD can go a little more slow- under section 9(h) of such Act: Provided fur- nomic revitalization and recovery. ly, and 10,000 additional families will ther, That up to $14,850,000 shall be trans- That has been the story of Bir- have decent housing. ferred to the Working Capital Fund: Provided mingham and Tuscaloosa. It has been a further, That no funds may be used under story that has spread all over this That is the choice. HUD can do, and this heading for the purposes specified in sec- do very well, with $94 million for this tion 9(k) of the United States Housing Act of country. computerization program squirreled 1937, as amended: Provided further, That of When we brought this amendment to away in different sections of the bill as the total amount provided under this head- the floor last year, no less than 59 Re- I have here outlined. ing, up to $19,800,000 shall be available for publicans joined in support of it with But 10,000 families might not have to the Secretary of Housing and Urban Develop- 188 Democrats, one of the strongest wait 9, 10 years for decent housing. Mr. ment to make grants, notwithstanding sec- levels of bipartisan support that any Chairman, that is the choice in the tion 305 of this Act, to public housing agen- amendment has commanded. I simply cies for emergency capital needs resulting ask the House to do essentially what it amendment. That is why I urge every- from unforeseen or unpreventable emer- one to vote for the amendment. gencies and natural disasters occurring in has done before. Mr. Chairman, I yield back the bal- fiscal years 2007 and 2008: Provided further, The President attempted to zero out ance of my time. That of the total amount provided under this funding. The committee has not added The CHAIRMAN. The question is on heading, $23,760,000 shall be for supportive funding. We propose to add $30 million the amendment offered by the gen- services, service coordinators and congregate from the Administration and Manage- tleman from New York (Mr. NADLER). services as authorized by section 34 of the ment Fund to the Working Capital The question was taken; and the Act and the Native American Housing As- Fund. The reason, Mr. Chairman, that sistance and Self-Determination Act of 1996: Chairman announced that the noes ap- it goes in the Working Capital Fund is Provided further, That of the total amount we have a reauthorization issue around peared to have it. provided under this heading up to $7,920,000 is Mr. NADLER. Mr. Chairman, I de- to support the costs of administrative and HOPE VI. As of September 30, the pro- mand a recorded vote. judicial receiverships: Provided further, That gram will have lapsed. It is our full ex- The CHAIRMAN. Pursuant to clause of the total amount provided under this pectation that it will be extended. 6 of rule XVIII, further proceedings on heading up to $15,345,000 shall be to support There has been a unanimous voice the amendment offered by the gen- the ongoing Public Housing Financial and vote in the Financial Services Com- tleman from New York will be post- Physical Assessment activities of the Real mittee to reauthorize it, and there has Estate Assessment Center (REAC). poned. been strong support on the other side AMENDMENT OFFERED BY MR. DAVIS OF of the Capitol in the Senate to reau- b 1900 ALABAMA thorize it. What we simply want to do The CHAIRMAN. The Clerk will read. Mr. DAVIS of Alabama. Mr. Chair- is make sure that when the program is The Clerk read as follows: man, I offer an amendment. reauthorized, that the money is being The CHAIRMAN. The Clerk will des- HOUSING CERTIFICATE FUND held so these projects can go forward. ignate the amendment. (RESCISSION) $30 million is a very conservative The text of the amendment is as fol- amount of money. Of the unobligated balances, including re- lows: captures and carryover, remaining from The average HOPE VI project is in- Amendment offered by Mr. DAVIS of Ala- funds appropriated to the Department of deed around 20 or $30 million. But what bama: Housing and Urban Development under this Page 85, line 11, after the dollar amount, this commitment of resources will do is heading, the heading ‘‘Annual contributions insert ‘‘(increased by $30,000,000)’’. to in effect preserve the HOPE VI pro- for assisted housing’’, the heading ‘‘Tenant- Page 111, line 3, after the first dollar gram and effectuate the intent of the based rental assistance’’, and the heading amount, insert ‘‘(reduced by $30,000,000)’’. Financial Services Committee that ‘‘Project-based rental assistance’’, for fiscal HOPE VI be reauthorized. year 2006 and prior years, $2,000,000,000 is re- The CHAIRMAN. Pursuant to the scinded, to be effected by the Secretary no order of the House of today, the gen- Let me thank someone who is not in later than September 30, 2007: Provided, That, tleman from Alabama (Mr. DAVIS) and the Chamber at this point, my col- if insufficient funds exist under these head- a Member opposed each will control 10 league from Florida, Congresswoman ings, the remaining balance may be derived minutes. KATHERINE HARRIS. She worked very from any other heading under this title: Pro- The Chair recognizes the gentleman hard to bring this amendment to the vided further, That the Secretary shall notify from Alabama. floor last year. She has worked very the Committees on Appropriations 30 days in Mr. DAVIS of Alabama. Mr. Chair- hard to give us support for it tonight. advance of the rescission of any funds de- man, I yield myself 3 minutes. I certainly thank her for her bipartisan rived from the headings specified above: Pro- vided further, That any such balances gov- Mr. Chairman, thank you for the rec- commitment. erned by reallocation provisions under the ognition. I have an amendment at the But it is a very simple statement, statute authorizing the program for which desk which is a repetition of a bipar- Mr. Chairman. If we value a future for the funds were originally appropriated shall tisan amendment that was brought to public housing, if we want to transform be available for the rescission. the floor of the House a year ago, and the lives of these communities, this is PUBLIC HOUSING CAPITAL FUND it has to deal with the HOPE VI hous- a small nominal amount in a massive (INCLUDING TRANSFERS OF FUNDS) ing program. Many of our colleagues on Federal budget of $3.7 trillion. It is lit- For the Public Housing Capital Fund Pro- both sides of the aisle have seen their erally a drop in the bucket, but it is a gram to carry out capital and management districts benefit from HOPE VI. very meaningful drop in the bucket for activities for public housing agencies, as au- It is a program that was launched many families who are living in urban thorized under section 9 of the United States under the George Herbert Walker Bush centers all around this country.

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.148 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3853 Mr. Chairman, I reserve the balance and homes, infestations of insects and strength and possibilities of our com- of my time. rodents, barely functional plumbing munities. I urge my colleagues to sup- Mr. KNOLLENBERG. Mr. Chairman, and sewage, high rates of violence and port the Davis-Harris amendment. Let I rise to oppose the amendment. crime. These are the conditions that us keep hope alive. The Acting CHAIRMAN (Mr. GOOD- have overtaken too many of our public Mr. DAVIS of Alabama. Mr. Chair- LATTE). The gentleman from Michigan housing facilities, the conditions in man, I yield myself the balance of my is recognized for 10 minutes. which too many families are struggling time. Mr. KNOLLENBERG. HOPE VI was to live and raise children. Let me put several things in perspec- intended to demolish 100,000 units of se- This program is aptly named because tive. Mr. WATT made the obvious point verely distressed public housing units, hope is exactly what these grants bring that these projects take awhile to suc- and the program has accomplished that to communities. I can speak firsthand ceed. Therefore if we stop the funding goal. However, there is currently $80 of the outstanding results of this pro- flow, it will make it impossible for million in unobligated funds going gram. In the City of Bradenton, Flor- commitments to be made that have back as far as 10 years-plus. And get ida, we have already been completely been kept. this, an additional $2 billion remains in revitalized as a result of HOPE VI Observation number two, we need unexpended balances. That is money. grants. this appropriation of funds to effec- These unobligated and unexpened The result is Bradenton Village, a tuate the intent of Congress. The com- balances mean the program will be successful partnership between the mittee that has jurisdiction over HOPE spending out for years to come. As of local government, the private sector, VI, the Financial Services Committee, the end of fiscal year 2005, only 23 per- and the Federal Government to restore has voted unanimously on a voice vote cent of all projects have been com- and revitalize a community that only a to reauthorize HOPE VI. pleted. We need to focus on completing few years ago was crumbling and suf- The Senate has expressed or mani- what has already been approved, not fering. Today, Bradenton Village is a fested the same plan to reauthorize adding to the already large backlog of vibrant and thriving area and a testa- HOPE VI. If we don’t put funding for- unfinished work. Therefore, I urge a ment to HOPE VI grants. That success ward, the clear-cut congressional in- ‘‘no’’ vote on this amendment. is not limited to Florida. tent will be undercut in this instance. Mr. Chairman, I yield back the bal- This remarkable program has been Third of all, there is a strong, clear ance of my time. responsible for rebuilding substandard congressional intent from the last sev- Mr. DAVIS of Alabama. Mr. Chair- housing and replacing it with quality, eral budget cycles. Four times in a row man, I yield 1 minute to the gentleman affordable housing across the country. now, the administration has tried to from North Carolina (Mr. WATT). It is not just about bricks and mortar. zero out HOPE VI. Every single time Mr. WATT. Mr. Chairman, I just By creating more options, giving a con- Congress has put it back. want to rise in support of the amend- sumer more and better choices in hous- The Senate had put $100 million back ment. A number of us have worked ing, education, job training and job last year. The House, in a strong bipar- hard for a number of different years to placement, HOPE VI grants transform tisan vote, put $60 million back. We an- save, reauthorize, and fund the HOPE lives. ticipate the Senate will put another VI program. If this amendment is adopted, the significant amount back into this The gentleman is right: they have HOPE VI program can continue to de- budget. funds in the process, but you can’t re- liver upon its promises. The Davis-Har- The next point, talk to the people vitalize communities overnight. They ris amendment seeks to restore $30 mil- who have seen this work on the ground. seem to have lost sight of the fact that lion to the HOPE VI program so that The League of Cities, a bipartisan col- it takes a long time to rebuild a com- they can continue in their mission of lection of mayors and leaders of mu- munity that starts off being dilapi- revitalizing American communities. nicipalities, has endorsed this amend- dated public housing. You have to tear This $30 million is a far cry from the ment. They are an eloquent testament it down, you have to enter into public- funding HOPE VI has received in the to the fact that HOPE VI revitalizes private ventures around that commu- past; it is less than a third of the $99 neighborhoods. nity to restore housing, and that takes million that the program received last The National Home Builders, a time. year, for example, but it is enough to strong bipartisan group, has given its When people criticize the fact that keep the program alive so that we can endorsement to this amendment. They there is money in the pipeline that has continue to help these communities have a statement it meets important not been expended, that simply reaf- where it is making such a tremendous private sector and public sector goals. firms the purpose for which HOPE VI difference. We don’t have to look very far other was initiated in the first place, to re- The amendment is fiscally respon- than the quotes of some of our own col- store communities, not to just build sible, as the $30 million we are request- leagues. CHARLIE DENT from Pennsyl- houses. That takes time. We need this ing for HOPE VI will be offset by re- vania, a Republican the last time I money to continue the process. ducing funding HUD’s Management and checked, this ‘‘project will be a cata- Mr. DAVIS of Alabama. Mr. Chair- Administrative Salaries and Expense lyst for the revitalization of the entire man, I yield 3 minutes to the gentle- Funds. Additionally, according to the community and it will serve as a model woman from Florida (Ms. HARRIS) and Congressional Budget Office, the of what public housing can and should thank her for her outstanding work on amendment budget authority is neu- be, a path to homeownership for its this issue. tral and as a result, a net outlay sav- residents.’’ Ms. HARRIS. Mr. Chairman, I rise ings of $22 million. FRED UPTON, a Republican from today to offer an amendment with my I know some of my colleagues have Saint Joseph, Michigan: ‘‘This is tre- friend and colleague from Alabama been concerned about the administra- mendous news for the Benton Harbor (Mr. DAVIS). This would restore the tion of the HOPE VI program. There community. It is another example of funding for the Department of Housing have been complaints that the funds folks from the local State and Federal and Urban Development’s HOPE VI are not dispersed as swiftly or as effi- levels coming together for the better- programs. ciently as they could be. I share some ment of Benton Harbor.’’ Created in 1992 to renovate existing of those concerns, and I want to see the ANNE NORTHUP, our colleague from public housing sites and replace them program operate at maximum effi- Louisville, a Republican: ‘‘A HOPE VI with new mixed-income housing, the ciency and effectiveness. grant, great news for Louisville, a HOPE VI grant program has been re- If the management of the program major investment in the downtown markably successful at revitalizing can be made more effective, by all neighborhood.’’ some of our most troubled and dis- means let us make it more effective. My good friend and our colleague, tressed communities. We have all seen But let us not give up on the program CHIP PICKERING from Mississippi, a Re- stories of the conditions that exist in just when it is making a difference in publican the last time I checked: ‘‘The public housing developments through- people’s lives. Let us not give up on full range of this project will not only out the Nation, dilapidated buildings HOPE VI. Let us not give up on the improve the lives of the residents in

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.152 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3854 CONGRESSIONAL RECORD — HOUSE June 13, 2006 my district, but also their children for as proposed would cut $260 million, an where immigration and terrorism years to come. The HOPE VI grant rep- 11 percent slash out of this budget of threats to the government and U.S. resents a significant investment to the this very important fund. citizens are real. overall economic development and re- Mr. Chairman, we will simply restore Cutting the Federal buildings fund by newal of the East Mississippi region.’’ that cut to go back to the status quo of $261 million would leave the fund with- Our colleague from Connecticut (Mr. the level of funding for the Public out the resources it needs to build crit- SHAYS), a Republican the last time I Housing Capital Fund. ical, secure crossings on our southern checked, talks about the wonderful col- b 1915 border with Mexico and strengthen the laboration of the Stamford Housing Federal buildings against the threat of Authority, the Fairfield Resident The reason we suggest this is that terrorism. Council and the City of Stamford to our offset for this would be a small cut Let me repeat that. Vote for this make this project a reality. to the Federal building budget. It amendment and you are voting against There is an overwhelming statement would essentially result in about a 3.5 building border crossings on the U.S.- from our colleagues on both sides of percent cut to the Federal building Mexico border and against funding to the aisle about the utility of HOPE VI. budget, and what we suggest by this secure Federal buildings against ter- So for this body to fail to pass this amendment is that in difficult times, if rorism. Davis-Harris amendment will not only we are going to have to have cuts in The amendment would completely be in contradiction of what we say in these Federal budgets, it should first eliminate GSA’s new construction of our press releases, it would be in con- come out of where we house our Fed- six border stations at the crossings in tradiction of what the U.S. Senate eral agencies and, second, come out of McAllen, Texas; El Paso, Texas; San seeks to do and would be in contradic- where we house our citizens. Luis, New Mexico; Columbus, New Mex- tion of what we do with our own votes. Our citizens ought to have first claim ico; Calexico, California; and Nogales, While the administration fails to get to the money. The kids that we are Arizona. In addition, the amendment the message, I think that our col- trying to avoid an epidemic of asthma, would eliminate the Food and Drug Ad- leagues in this body tonight will get some of which we believe is caused by ministration’s Montgomery County, the message. I urge passage of this bi- poor housing, they ought not to be suf- Maryland project, as well as the re- partisan amendment. fering right now if we have to slash mote delivery facility in Anacostia for Mr. Chairman, I yield back the bal- some budget. If we have to delay some mail sorting for the Federal Govern- ance of my time. bureaucracy, getting an upgrade in an ment, something that is sadly needed The Acting CHAIRMAN. The ques- agency, that is really a delay that kids with the threat of anthrax and other tion is on the amendment offered by in public housing cannot take a slash deadly substances in our government the gentleman from Alabama (Mr. in the health of these budgets. now. DAVIS). I just want to point out the one thing Funds would be cut that are needed The question was taken; and the Act- that this public housing fund does that to secure Federal buildings to protect ing Chairman announced that the noes is so effective. workers and the general public from appeared to have it. One of the problems of our folks in possible terrorist attacks. Mr. DAVIS of Alabama. Mr. Chair- public housing are their energy costs. As much as higher funding for the man, I demand a recorded vote. A lot of these people pay 50 percent and capital fund would be nice, there are The Acting CHAIRMAN. Pursuant to more of their income in housing costs, more pressing needs in this bill. clause 6 of rule XVIII, further pro- and their energy costs eats them alive. This amendment is irresponsible, and ceedings on the amendment offered by I looked at St. Paul. Over 26 percent of I would urge its defeat, Mr. Chairman. the gentleman from Alabama will be all the evictions there were essentially Mr. Chairman, I reserve my time. postponed. caused because of high utility costs, Mr. INSLEE. Mr. Chairman, I yield AMENDMENT OFFERED BY MR. INSLEE and one of the things this public hous- myself such time as I may consume. Mr. INSLEE. Mr. Chairman, I offer ing fund can do is help get better Well, while I respect my friend’s ar- an amendment. weatherization, more efficient heating/ gument, it is quite artful, but not The Acting CHAIRMAN. The Clerk cooling systems to reduce energy costs. every dollar spent by the Federal Gov- will designate the amendment. In fact, if we reduce our energy costs ernment goes to terrorism, as the sug- The text of the amendment is as fol- by 10 percent, we will save $20 billion of gestion would be. lows: these folks in public housing. Let us be real here in this discussion. So our amendment does some things We will leave $7.44 billion in the Fed- Amendment offered by Mr. INSLEE: Page 85, line 11, after the dollar amount, that are very common sense. It will go eral building fund, and in that fund the insert the following: ‘‘(increased by back to status quo. It will restore a vast majority of those dollars are spent $261,000,000)’’. $260 million slashed cut to public hous- for housing Federal office workers, not Page 194, line 1, after ‘‘2007’’, insert the fol- ing. It will offset that by a 3.5 percent Border Patrol, and to suggest that lowing: ‘‘(reduced by $261,000,000)’’. cut to the Federal budget. Let us give somehow that if this cut takes place The Acting CHAIRMAN. Pursuant to first priority to our citizens and their we are going to be bombarded by immi- the order of the House of today, the housing and second priority to a small grants is a great stretch, artful per- gentleman from Washington (Mr. INS- cut to housing some of our Federal haps, but a tremendous stretch. LEE) and a Member opposed each will agencies. It is the right thing to do. It What we are really talking about, we control 5 minutes. is common sense. are talking about delaying perhaps for The Chair recognizes the gentleman Mr. Chairman, I reserve the balance a year expanded Federal bureaucracies from Washington. of my time. and the square footage they have in Mr. INSLEE. Mr. Chairman, I yield Mr. SWEENEY. Mr. Chairman, I their Federal offices and office build- myself such time as I may consume. claim the time in opposition. ings scattered all across America. We Mr. Chairman, this would restore $260 The Acting CHAIRMAN. The gen- are talking about suggesting that that million to the Public Housing Capital tleman from New York is recognized delay in expanding the square footage Fund. As Members know, this is a crit- for 5 minutes. for Federal office workers, as hard as ical fund that delivers housing services Mr. SWEENEY. Mr. Chairman, I they work and I respect them a bunch, to make sure that our public housing is yield myself such time as I may con- is something that we ought to figure is up to snuff and our citizens can live in sume. a common-sense thing to do, instead of safe housing. Mr. Chairman, I oppose this amend- cutting $260 million when people are This is a fund that makes sure that ment and would point out that this is living in substandard housing that has the roofs don’t leak on our citizens, air not an amendment that simply cuts an $18 billion backlog. ventilation doesn’t cause asthma, and money out of the bureaucracy. It is not So, let us look at the real life and not we don’t allow termites to infest our a bureaucratic cut. get wrapped around the argument that public housing facilities. Despite the The cuts proposed by the amendment anything that changes a Republican criticality of that fund, the current bill are irresponsible in today’s atmosphere budget somehow smacks of being soft

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.155 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3855 on terrorism. That is a great stretch, today, if you stop the first 12 people on purposes specified in section 9(k) of the and I do not think that dog will hunt. Main Street, America, and ask them do United States Housing Act of 1937, as amend- We are talking about a small reduc- what you want with this $260 million ed. tion of 3.5 percent in a $7.7 billion going to this Federal housing project NATIVE AMERICAN HOUSING BLOCK GRANTS budget for office budgets. Let me just or do you want it to go to the border to (INCLUDING TRANSFER OF FUNDS) give you an example of what we are stop the illegal flow of immigrants talking about. coming in, I guarantee you that all of For the Native American Housing Block There is $4.3 billion for rental space, them will say to you, let us stop the Grants program, as authorized under title I $277 million in current funding in this of the Native American Housing Assistance flow of illegal immigrants into the and Self-Determination Act of 1996 budget. Maybe a little bit of that could country. First, let us take care of the (NAHASDA) (25 U.S.C. 4111 et seq.), be deferred. There is $2 billion for ones that are here, find a system that $625,680,000, to remain available until ex- building operations, $119 million, 6 per- incorporates them into our work needs pended: Provided, That, notwithstanding the cent more than cut funding. That is and into our culture, and then let us Native American Housing Assistance and common sense. move on to something else. Let us Self-Determination Act of 1996, to determine Let us give first priority to our hous- move on to the needs that we have in the amount of the allocation under title I of ing. meeting the challenges of those who such Act for each Indian tribe, the Secretary Mr. SWEENEY. Mr. Chairman, I shall apply the formula under section 302 of are lower income groups. such Act with the need component based on yield myself such time as I may con- This amendment would take away single-race Census data and with the need sume. from that goal of fixing our borders, component based on multi-race Census data, Mr. Chairman, I would point out to and I would suggest that we vote it and the amount of the allocation for each In- my good friend that I probably, more down. dian tribe shall be the greater of the two re- than any other Member in this body, Mr. SWEENEY. Mr. Chairman, I sulting allocation amounts: Provided further, have great understanding of what pub- yield myself the remaining time. That of the amounts made available under lic housing funds are for. I grew up in In conclusion, let me just say I this heading, $990,000 shall be contracted through the Secretary as technical assist- public housing. Nevertheless, this bill strongly oppose this amendment be- is about balancing the priorities that ance and capacity building to be used by the cause of its impact on some vital secu- National American Indian Housing Council we need in this age of terrorism and rity needs. I would point out to the in support of the implementation of threat of terrorism. In this age of im- gentleman and my friends, of the $261 NAHASDA; $3,465,000 shall be to support the migration reform, I think that these million he diverts over into public inspection of Indian housing units, contract funds need to fully be kept in as they housing, 20 percent of it could be used expertise, training, and technical assistance have been appropriated by the com- for administrative costs in the current in the training, oversight, and management mittee. form of the structure that it is used. of such Indian housing and tenant-based assistance: Provided further, That of the Mr. Chairman, I yield 2 minutes to This money is needed and has been the gentleman from Kansas (Mr. amount provided under this heading, prioritized as such, and I would urge $1,980,000 shall be made available for the cost TIAHRT). my colleagues to vote ‘‘no.’’ of guaranteed notes and other obligations, as Mr. TIAHRT. Mr. Chairman, I thank The Acting CHAIRMAN. The ques- authorized by title VI of NAHASDA: Provided the gentleman from New York. tion is on the amendment offered by further, That such costs, including the costs I am pleased that the gentleman the gentleman from Washington (Mr. of modifying such notes and other obliga- from the State of Washington is con- INSLEE). tions, shall be as defined in section 502 of the cerned about the expanding Federal bu- The amendment was rejected. Congressional Budget Act of 1974, as amend- reaucracy, and I look forward to worked: Provided further, That these funds are Mr. INSLEE. Mr. Chairman, I request available to subsidize the total principal ing with him to make sure that our a recorded vote. Federal Government does not grow at amount of any notes and other obligations, The Acting CHAIRMAN. The gentle- any part of which is to be guaranteed, not to fast of a pace because when it does it man’s request is untimely. exceed $14,938,825: Provided further, That for makes us less competitive, but the The Clerk will read. administrative expenses to carry out the issue here is whether we should divert The Clerk read as follows: guaranteed loan program, up to $148,500 from money to the issue that the gentleman amounts in the third proviso, which shall be PUBLIC HOUSING OPERATING FUND would like to have it diverted to. transferred to and merged with the appro- $260 million is a lot of money. There For 2007 payments to public housing agen- priation for ‘‘Salaries and Expenses’’. cies for the operation and management of has been a lot of preparation in the al- public housing, as authorized by section 9(e) NATIVE HAWAIIAN HOUSING BLOCK GRANT location of the money that has come to of the United States Housing Act of 1937, as For the Native Hawaiian Housing Block the subcommittee and to the full Com- amended (42 U.S.C. 1437g(e)), $3,564,000,000: Grant program, as authorized under title mittee of Appropriations. Difficult de- Provided, That all funds made available VIII of the Native American Housing Assist- cisions were made, but more impor- under this heading shall be allocated to pub- ance and Self-Determination Act of 1996 (25 tantly, this money that would be taken lic housing agencies in accordance with the U.S.C. 4111 et seq.), $8,815,000, to remain from the GSA is to address a very im- terms, conditions, criteria and methodology available until expended, of which $299,211 portant, vital need in our society set forth in the Housing and Urban Develop- shall be for training and technical activities. ment Department Correction for Formula today, and that is the immigration Implementation Date notice (Correction No- INDIAN HOUSING LOAN GUARANTEE FUND challenge that we are facing today. tice) published in the Federal Register on PROGRAM ACCOUNT Many of you have received bricks in October 24, 2005 and shall not be allocated (INCLUDING TRANSFER OF FUNDS) your office from constituents. Those using any other formula unless approved by bricks represent the necessity of build- the Committee: Provided further, That of the For the cost of guaranteed loans, as au- ing a stronger border along the south- total amount provided under this heading thorized by section 184 of the Housing and ern part of this country. This money $9,900,000 in bonus funds shall be provided to Community Development Act of 1992 (12 public housing agencies that assist program U.S.C. 1715z–13a), $3,960,000, to remain avail- that is being diverted in this amendable until expended: Provided, That such ment would take money from six bor- participants in moving away from dependency on housing assistance programs: Pro- costs, including the costs of modifying such der stations: McAllen, Texas; El Paso, vided further, That of the total amount pro- loans, shall be as defined in section 502 of the Texas; San Luis, New Mexico; Colum- vided under this heading, $5,940,000 shall be Congressional Budget Act of 1974, as amend- bus, New Mexico; Calexico, California; for technical assistance related to the transi- ed: Provided further, That these funds are and Nogales, Arizona. People are com- tion and implementation of asset-based man- available to subsidize total loan principal, ing across because we have not estab- agement in public housing: Provided further, any part of which is to be guaranteed, not to lished our own borders in this country. That, in fiscal year 2007 and all fiscal years exceed $116,276,000, to remain available until committed. We have not established our southern hereafter, no amounts under this heading in border. These six border stations will any appropriations Act may be used for pay- In addition, for administrative expenses to ments to public housing agencies for the carry out the guaranteed loan program, up help do this establishment of our bor- costs of operation and management of public to $247,500 from amounts in the first para- ders. housing for any year prior to the current graph which shall be transferred to and Now, there is always something that year of such Act: Provided further, That no merged with the appropriation for ‘‘Salaries people feel like is a higher priority, but funds may be used under this heading for the and Expenses’’.

VerDate Aug 31 2005 03:17 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.158 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3856 CONGRESSIONAL RECORD — HOUSE June 13, 2006 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE over last year in HOPWA funding, and The Acting CHAIRMAN. The gen- FUND PROGRAM ACCOUNT I am very grateful to Chairman tleman from New York is recognized (INCLUDING TRANSFER OF FUNDS) KNOLLENBERG and Ranking Member for 5 minutes. For the cost of guaranteed loans, as au- OLVER for meeting his request and Mr. SWEENEY. Mr. Chairman, I thorized by section 184A of the Housing and funding the program at this level. would ask the gentleman from New Community Development Act of 1992 (12 But the sad truth is that this year’s York if his intention is to withdraw U.S.C. 1715z–13b), $1,010,000, to remain avail- HOPWA level barely keeps up with in- the amendment, as we were led to be- able until expended: Provided, That such flation. Three years ago in 2004, costs, including the costs of modifying such lieve. loans, shall be as defined in section 502 of the HOPWA was funded at $295 million. Mr. NADLER. Mr. Chairman, I will Congressional Budget Act of 1974, as amend- That the program will see an increase withdraw the amendment if necessary. ed: Provided further, That these funds are in 2004 to 2007 of $5 million in 3 years is Mr. SWEENEY. It is necessary. available to subsidize total loan principal, not enough even to meet inflation. Mr. NADLER. I regret to hear that, any part of which is to be guaranteed, not to Housing needs have grown faster but I will withdraw the amendment. exceed $43,000,000, to remain available until than inflation. Adequately meeting the Mr. SWEENEY. Mr. Chairman, I committed. housing needs of all those living with thank the gentleman, and I yield back In addition, for administrative expenses to HIV and AIDS would take over $2 bil- the balance of my time. carry out the guaranteed loan program, up lion. Nationwide, thousands of people The Acting CHAIRMAN. Without ob- to $35,000 from amounts in the first para- jection, the amendment is withdrawn. graph which shall be transferred to and are now on waiting lists for HOPWA- merged with the appropriation for ‘‘Salaries funded housing, and with 91 percent of There was no objection. and Expenses’’. HOPWA recipients having family in- The Acting CHAIRMAN. The Clerk will read. COMMUNITY PLANNING AND DEVELOPMENT comes of less than $1,000 per month, The Clerk read as follows: HOUSING OPPORTUNITIES FOR PERSONS WITH program recipients simply cannot af- AIDS ford the shortfall. COMMUNITY DEVELOPMENT FUND (INCLUDING TRANSFER OF FUNDS) The costs associated with new AIDS For assistance to units of State and local government, and to other entities, for eco- For carrying out the Housing Opportuni- treatments often force people to choose nomic and community development activities for Persons with AIDS program, as au- between essential medications to en- ties, and for other purposes, $4,200,000,000, to thorized by the AIDS Housing Opportunity able them to survive and the neces- remain available until September 30, 2009, Act (42 U.S.C. 12901 et seq.), $300,100,000, to sities such as housing. Without ade- unless otherwise specified: Provided, That of remain available until September 30, 2008, quate HOPWA funding, AIDS patients the amount provided, $3,872,580,000 is for car- except that amounts allocated pursuant to will continue to flood our emergency rying out the community development block section 854(c)(3) of such Act shall remain rooms and our Medicaid rolls and will grant program under title I of the Housing available until September 30, 2009: Provided, be forced to live on the streets. and Community Development Act of 1974, as That the Secretary shall renew all expiring This HOPWA funding does not simply amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et contracts for permanent supportive housing seq.): Provided further, That unless explicitly that were funded under section 854(c)(3) of get people with HIV and AIDS off of provided for under this heading (except for such Act that meet all program require- the streets. Recent studies have shown planning grants provided in the second para- ments before awarding funds for new con- that housing in many cases equates di- graph and amounts made available under the tracts and activities authorized under this rectly to HIV prevention because peo- third paragraph), not to exceed 20 percent of section: Provided further, That the Secretary ple with housing are much more likely any grant made with funds appropriated may use up to $1,485,000 of the funds under to know their HIV status and, thereunder this heading shall be expended for this heading for training, oversight, and fore, less likely to transmit the disease planning and management development and technical assistance activities and $1,485,000 to others. Improvements in housing administration: Provided further, That shall be transferred to the Working Capital $57,420,000 shall be for grants to federally- Fund. status also lead to lower rates of high- risk behavior, such as intravenous drug recognized Indian tribes notwithstanding AMENDMENT OFFERED BY MR. NADLER section 106(a)(1) of such Act, of which, not- Mr. NADLER. Mr. Chairman, I offer use, which can lead to the spread of the disease. withstanding any other provision of law (in- an amendment. cluding section 305 of this Act), up to The Acting CHAIRMAN. The Clerk HOPWA is an extremely fiscally $3,960,000 may be used for emergencies that will designate the amendment. sound program. It is locally controlled constitute imminent threats to health and The text of the amendment is as fol- and provides maximum flexibility to safety. lows: States and communities to design ap- Of the amount made available under this heading, $250,000,000 shall be available for Amendment offered by Mr. NADLER: proaches that best respond to local Page 91, line 20, after the dollar amount, housing needs. In fiscal year 2006 alone, grants for the Economic Development Initia- insert the following: ‘‘(increased by HOPWA funds will support the delivery tive (EDI) to finance a variety of targeted $10,000,000)’’. of services to roughly 71,500 households economic investments in accordance with Page 105, lines 5 and 6, after each of the the terms and conditions specified in the in all 50 States. statement of managers accompanying this dollar amounts, insert the following: ‘‘(re- I realize that, given the record defi- duced by $10,000,000)’’. Act: Provided, That none of the funds pro- cits that we have, funding HOPWA at vided under this paragraph may be used for The Acting CHAIRMAN. Pursuant to the $2 billion level it should have is not program operations: Provided further, That, the order of the House of today, the realistic. The financial constraints for fiscal years 2005, 2006, and 2007, no unobli- gentleman from New York (Mr. NAD- that we face put us in an unfortunate gated funds for EDI grants may be used for LER) and a Member opposed each will bind. There is much room for improve- any purpose except acquisition, planning, de- control 5 minutes. ment. sign, purchase of equipment, revitalization, The Chair recognizes the gentleman I, again, thank the chairman and redevelopment or construction: Provided fur- from New York. ther, That funds awarded to each grantee ranking member for the increase that under this paragraph shall be matched by 40 Mr. NADLER. Mr. Chairman, I yield they proposed, but given the scarce re- myself such time as I may consume. percent in funding by each grantee. sources of this bill, a $10 million in- Of the amount made available under this Mr. Chairman, this amendment crease beyond that, which means we heading, $20,000,000 shall be available for would increase the appropriation for will have an increase by $5 million in 3 neighborhood initiatives that are utilized to the Housing Opportunities for Persons years, is I think more than warranted, improve the conditions of distressed and With AIDS program, or HOPWA, by $10 and that is what this amendment is. blighted areas and neighborhoods, to stimu- million. late investment, economic diversification, Frankly, this is a very modest b 1930 and community revitalization in areas with amount. Earlier this year, more than I am grateful for HOPWA’s increase population outmigration or a stagnating or 100 Members joined me and Representa- this year, but I urge a further increase declining economic base, or to determine whether housing benefits can be integrated tives ROS-LEHTINEN and CROWLEY in of $10 million, so it is a net increase of more effectively with welfare reform initia- asking the Appropriations Committee $5 million in 3 years. tives: Provided, That amounts made avail- for $424 million in HOPWA funding for Mr. Chairman, I reserve the balance able under this paragraph shall be provided fiscal year 2007. of my time. in accordance with the terms and conditions I am relieved that the President fi- Mr. SWEENEY. Mr. Chairman, I rise specified in the statement of managers ac- nally asked for a $14 million increase in opposition to the amendment. companying this Act: Provided further, That

VerDate Aug 31 2005 03:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.057 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3857 funds awarded to each grantee under this funded at $1.9 billion in FY 2007, an in- minority groups, who have lower rates of paragraph shall be matched by 40 percent in crease of $159 million, or 9 percent home ownership when compared to the na- funding by each grantee. above FY 2006, and equal to the Presi- tional average, and to lower closing costs by HOME INVESTMENT PARTNERSHIPS PROGRAM dent’s request. approximately $700 per loan in order to stimu- (INCLUDING TRANSFER OF FUNDS) Since its inception, the HOME pro- late home ownership for all Americans. For the HOME investment partnerships gram has assisted more than 300,000 This amendment will help first-time home- program, as authorized under title II of the families to become homeowners, 55 per- buyers by allowing funds appropriated to be Cranston-Gonzalez National Affordable cent of whom are minorities. More available through December 30, 2009, to coin- Housing Act, as amended, $1,891,890,000, to re- than two dozen organizations are work- cide with typical lease calendars, and provide main available until September 30, 2009: Pro- ing to create more than $1 trillion in increased flexibility for purchasing. vided, That of the total amount provided in I urge my colleagues to support this amend- this paragraph, up to $41,580,000 shall be mortgage financing for minority home available for housing counseling under sec- buyers. ment. tion 106 of the Housing and Urban Develop- As we look at the landscape of Amer- Mr. Chairman, I reserve the balance ment Act of 1968, and $9,000,000 shall be avail- ica, one natural disaster after another, of my time. able for contracts to provide counseling of we know that we are in a crisis on ei- Mr. SWEENEY. Mr. Chairman, I prospective HECM borrowers as required by ther homeownership or the rebuilding claim the time in opposition. subsection (f) of section 255 of the National of homes. So, Mr. Chairman, I think it The Acting CHAIRMAN. The gen- Housing Act (12 U.S.C. 1715z–20): Provided fur- is important if we have a program that tleman is recognized for 5 minutes. ther, That $3,465,000 shall be transferred to Mr. SWEENEY. Mr. Chairman, I do appears to be working that we give the Working Capital Fund: Provided further, so in opposition to this amendment those extra added months in order to That up to $9,900,000 shall be available for which I understand takes part of the help Mr. and Mrs. Jones, Mr. and Mrs. technical assistance. program and makes it available into Garcia, Mr. and Mrs. Smith, Mr. and In addition to amounts otherwise made the first quarter of fiscal year 2010. The available under this heading, $24,750,000, to Mrs. Johnson, just Mr. and Mrs. Amer- problem with that is that this adds an remain available until September 30, 2009, for ica who are eligible for this program. assistance to homebuyers as authorized I would say to you that because 55 unneeded complication to the adminis- under title I of the American Dream Down- percent are minorities, that means tration and accounting of the HOME payment Act. that 45 percent are all of America. This program and is unnecessary since AMENDMENT OFFERED BY MS. JACKSON-LEE OF is a 100 percent program that responds under existing rules, if the funds are TEXAS to working Americans. The purpose of obligated on time, they will be avail- Ms. JACKSON-LEE of Texas. Mr. this program is to increase the home- able to homeowners during the last Chairman, I offer an amendment. ownership rate, especially, as I indi- quarter of the year. Mr. Chairman, this causes a great The Acting CHAIRMAN. The Clerk cated, among minority groups, but not deal of problems in the administration will designate the amendment. limited to such. It gives the oppor- of this program, so I would urge my The text of the amendment is as fol- tunity to hardworking Americans, sin- colleagues to vote ‘‘no’’ on this amend- lows: gle parents, single individuals, married ment. Amendment offered by Ms. JACKSON-LEE of individuals, and people who want to in- Texas: Mr. Chairman, I reserve the balance vest in their community. of my time. Page 95, line 3 strike ‘‘September 30, 2009’’ It allows communities that have and insert ‘‘December 31, 2009’’. Ms. JACKSON-LEE of Texas. Mr. lower rates of homeownership when The Acting CHAIRMAN. Pursuant to Chairman, how much time remains? compared to the national average to be The Acting CHAIRMAN. The gentle- the order of the House of today, the engaged in the home-buying business. woman from Texas has 11⁄2 minutes gentlewoman from Texas (Ms. JACK- It provides them with lower closing remaining. SON-LEE) and a Member opposed each costs by approximately $700 per loan in Ms. JACKSON-LEE of Texas. Mr. will control 5 minutes. order to stimulate homeownership for Chairman, let me just say to the dis- The Chair recognizes the gentle- all Americans. tinguished chairman that I would like woman from Texas. About 3 years ago, Mr. Chairman, I to err on the side of hardworking, tax- Ms. JACKSON-LEE of Texas. I thank had a homeownership fair where 6,000 paying Americans who have invested the distinguished chairman of the com- Houstonians showed up. Six thousand, their taxes and look forward to a re- mittee, the ranking member, Mr. looking for the opportunity. This turn back home to them. OLVER, and the chairman of this com- amendment is a simple statement that There are all kinds of complications, mittee for the hard work that has been we are committed to homeownership and I would suggest that the extra done. This truly does go, very briefly, and allows for the homeownership to added time frame for this program to to the American Dream. Interestingly go forward until December 30, 2009. be extended would in fact be a plus for enough, it is a bipartisan dream. It is a Mr. Chairman, I rise to offer an amendment hardworking Americans seeking an op- commitment that we have made over to H.R. 5576, which replaces ‘‘September 30, portunity for the American Dream. I the years, which is to ensure the oppor- 2009’’ with ‘‘December 31, 2009’’ as the date frankly think the procedural, if you tunity for homeownership for all Amer- where funds made available for the American will, barrier can be remedied by this icans. This is made possible by the au- Dream Down Payment Act are available. extension and my amendment. thorizing legislation, the American This amendment extends the availability of I would ask all of my colleagues, Re- Dream Downpayment Act, which was a the funding under the American Dream Down publicans and Democrats, to invest in combination of Members, both Repub- Payment Act for an additional three months. the American Dream by voting to ex- licans and Democrats. On December 16, 2003, President George tend this particular provision and this This amendment does a very simple W. Bush signed the American Dream Down- particular investment in allowing them act, and it is an act that we could con- payment Act, a program that provides grants to buy the one singular investment sume and has a de minimis impact, ex- to help home buyers with downpayments and that all Americans should have an op- cept for those who are still trying to closing costs. The HOME Investment Partner- portunity to have: young couples, re- seek the American Dream. It allows ships Program is funded at $1.92 billion in FY tiring couples, working couples of all them to do so until December 31, 2009. 2007, an amount increase of $159 million (9 races, colors and creeds, and particu- This amendment extends the avail- percent) above FY 2006 and equal to the larly the very positive impact it has on ability of funding on the American President’s request. minority Americans. Dream Downpayment Act for an addi- Since its inception, the HOME Program has Mr. Chairman, I reserve the balance tional 3 months. assisted more than 300,000 families to be- of my time. On December 16, 2003, the President come homeowners, 55 percent of which are Mr. SWEENEY. Mr. Chairman, I have signed the American Dream Downpay- minorities. More than two dozen organizations no further speakers and I will close on ment Act, a program that provides are working to create more than $1 trillion in this side. grants to help home buyers with down- mortgage financing for minority home buyers. Ms. JACKSON-LEE of Texas. Do I payment and closing costs. The Home The purpose of the program is to increase have the opportunity to close, Mr. Improvement Partnership Program is the home ownership rate, especially among Chairman?

VerDate Aug 31 2005 04:19 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.063 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3858 CONGRESSIONAL RECORD — HOUSE June 13, 2006 The Acting CHAIRMAN. The gen- ties administered by Habitat for Humanity section 8 moderate rehabilitation contracts), tleman from New York has the right to International: Provided further, That for contracts entered into pursuant to sec- close. $3,500,000 shall be made available to the tion 441 of the McKinney-Vento Homeless Ms. JACKSON-LEE of Texas. Not Housing Assistance Council; $1,980,000 shall Assistance Act, for renewal of section 8 con- be available as a grant to the National Hous- tracts for units in projects that are subject having any other speakers, and you ing Development Corporation for operating to approved plans of action under the Emer- have no other speakers, let me again expenses and a program of affordable housing gency Low Income Housing Preservation Act simply say that 55 percent of the indi- acquisition and rehabilitation: Provided fur- of 1987 or the Low-Income Housing Preserva- viduals impacted by the American ther, That up to $990,000 shall be made avail- tion and Resident Homeownership Act of Dream program through the HOME able for technical assistance. 1990, and for administrative and other ex- monies are in fact minorities. HOMELESS ASSISTANCE GRANTS penses associated with project-based activities and assistance funded under this para- Having suffered through the travesty (INCLUDING TRANSFER OF FUNDS) graph. of Katrina, having suffered through For the emergency shelter grants program (2) $145,500,000 for performance-based con- Wilma and Rita, we know many are in as authorized under subtitle B of title IV of tract administrators for section 8 project- the process of rebuilding and buying the McKinney-Vento Homeless Assistance based assistance: Provided, That the Sec- homes. Why not give them the extra Act, as amended; the supportive housing pro- retary may also use such amounts for per- added opportunity of a mere 3 months gram as authorized under subtitle C of title formance-based contract administrators for: to be able to do what is right for them IV of such Act; the section 8 moderate reha- interest reduction payments pursuant to sec- bilitation single room occupancy program as tion 236(a) of the National Housing Act (12 so that the American Dream is not ex- authorized under the United States Housing tinguished because we are selfish on U.S.C. 1715z–1(a)); rent supplement payments Act of 1937, as amended, to assist homeless pursuant to section 101 of the Housing and the floor of the House. individuals pursuant to section 441 of the Urban Development Act of 1965 (12 U.S.C. I am delighted to ask my colleagues McKinney-Vento Homeless Assistance Act; 1701s); section 236(f)(2) rental assistance pay- in a bipartisan manner to support the and the shelter plus care program as author- ments (12 U.S.C. 1715z–1(f)(2)); project rental Jackson-Lee amendment to invest in ized under subtitle F of title IV of such Act, assistance contracts for the elderly under the American Dream for all Americans, $1,535,990,000, of which $1,515,990,000 shall re- section 202(c)(2) of the Housing Act of 1959, as and that is to have an opportunity to main available until September 30, 2009, and amended (12 U.S.C. 1701q, 1701q–1); project of which $20,000,000 shall remain available buy and live in your own home. rental assistance contracts for supportive until expended: Provided, That not less than housing for persons with disabilities under I yield back the balance of my time. 30 percent of funds made available, excluding Mr. SWEENEY. Mr. Chairman, once section 811(d)(2) of the Cranston-Gonzalez amounts provided for renewals under the National Affordable Housing Act; project as- again I reiterate the opposition by the shelter plus care program, shall be used for sistance contracts pursuant to section 202(h) committee to this amendment. It is un- permanent housing: Provided further, That all of the Housing Act of 1959 (Public Law 86–372; necessary and is an unneeded complica- funds awarded for services shall be matched 73 Stat. 667); and loans under section 202 of tion. But I would make the final point by 25 percent in funding by each grantee: the Housing Act of 1959 (Public Law 86–372; 73 that already in existing appropriations Provided further, That the Secretary shall Stat. 667). the problem of the first quarter of next renew on an annual basis expiring contracts (3) No less than $3,960,000 shall be trans- or amendments to contracts funded under ferred to the Working Capital Fund. year will be satisfied with $25 million the shelter plus care program if the program that has been appropriated next year, (4) Amounts recaptured under this heading, is determined to be needed under the appli- the heading ‘‘Annual Contributions for As- which will overlap between the 2007 and cable continuum of care and meets appro- sisted Housing’’, or the heading ‘‘Housing 2008 cycle, meaning this amendment is priate program requirements and financial Certificate Fund’’ may be used for renewals not only unnecessary but wouldn’t standards, as determined by the Secretary: of or amendments to section 8 project-based have the impact which is already cov- Provided further, That all awards of assist- contracts or for performance-based contract ered in the bill, in prior bills passed. ance under this heading shall be required to administrators, notwithstanding the pur- I urge my colleagues to vote ‘‘no.’’ coordinate and integrate homeless programs poses for which such amounts were appro- I yield back the balance of my time. with other mainstream health, social serv- priated. ices, and employment programs for which HOUSING FOR THE ELDERLY The Acting CHAIRMAN. The ques- homeless populations may be eligible, in- (INCLUDING TRANSFER OF FUNDS) tion is on amendment offered by the cluding Medicaid, State Children’s Health gentlewoman from Texas (Ms. JACK- Insurance Program, Temporary Assistance For capital advances, including amend- SON-LEE). for Needy Families, Food Stamps, and serv- ments to capital advance contracts, for hous- The question was taken; and the Act- ices funding through the Mental Health and ing for the elderly, as authorized by section Substance Abuse Block Grant, Workforce In- 202 of the Housing Act of 1959, as amended, ing Chairman announced that the noes and for project rental assistance for the el- vestment Act, and the Welfare-to-Work appeared to have it. derly under section 202(c)(2) of such Act, in- grant program: Provided further, That up to Ms. JACKSON-LEE of Texas. Mr. cluding amendments to contracts for such $10,395,000 of the funds appropriated under Chairman, I demand a recorded vote. assistance and renewal of expiring contracts this heading shall be available for the na- The Acting CHAIRMAN. Pursuant to for such assistance for up to a 1-year term, tional homeless data analysis project and and for supportive services associated with clause 6 of rule XVIII, further pro- technical assistance: Provided further, That ceedings on the amendment offered by the housing, $734,580,000, to remain available $2,475,000 of the funds appropriated under until September 30, 2010, of which amount up the gentlewoman from Texas will be this heading shall be transferred to the to $603,900,000 shall be for capital advance postponed. Working Capital Fund: Provided further, That and project-based rental assistance awards, The Clerk will read. all balances for Shelter Plus Care renewals of which amount up to $59,400,000 shall be for The Clerk read as follows: previously funded from the Shelter Plus Care service coordinators and the continuation of Renewal account and transferred to this ac- SELF-HELP AND ASSISTED HOMEOWNERSHIP existing congregate service grants for resi- count shall be available, if recaptured, for OPPORTUNITY PROGRAM dents of assisted housing projects, and of Shelter Plus Care renewals in fiscal year which amount up to $24,750,000 shall be for For the Self-Help and Assisted Home- 2007. grants under section 202b of the Housing Act ownership Opportunity Program, $60,390,000, HOUSING PROGRAMS of 1959 (12 U.S.C. 1701q–2) for conversion of el- to remain available until September 30, 2009: PROJECT-BASED RENTAL ASSISTANCE igible projects under such section to assisted Provided, That of the total amount provided living or related use and for emergency cap- (INCLUDING TRANSFER OF FUNDS) in this heading $21,920,000 shall be made ital repairs as determined by the Secretary: available to the Self Help Homeownership For activities and assistance for the provi- Provided, That amounts under this heading Opportunity Program as authorized under sion of project-based subsidy contracts under shall be available for Real Estate Assess- section 11 of the Housing Opportunity Pro- the United States Housing Act of 1937, as ment Center inspections and inspection-re- gram Extension Act of 1996, as amended: Pro- amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ lated activities associated with section 202 vided further, That $32,000,000 shall be made herein), not otherwise provided for, capital advance projects: Provided further, available for capacity building, of which $5,475,700,000, to remain available until ex- That no less than $1,980,000 of the total $31,000,000 shall be for capacity building for pended: Provided, That the amounts made amount made available under this heading Community Development and affordable available under this heading are provided as shall be transferred to the Working Capital Housing for LISC and the Enterprise Foun- follows: Fund: Provided further, That the Secretary dation for activities authorized by section 4 (1) $5,326,240,000 for expiring or terminating may waive the provisions of section 202 gov- of the HUD Demonstration Act of 1993 (42 section 8 project-based subsidy contracts (in- erning the terms and conditions of project U.S.C. 9816 note), as in effect immediately cluding section 8 moderate rehabilitation rental assistance, except that the initial con- before June 12, 1997, and $1,000,000 shall be contracts), for amendments to section 8 tract term for such assistance shall not ex- made available for capacity building activi- project-based subsidy contracts (including ceed 5 years in duration.

VerDate Aug 31 2005 03:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.171 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3859 AMENDMENT OFFERED BY MS. HARRIS ductions in Housing and Urban Devel- Government to a grinding halt. And Ms. HARRIS. Mr. Chairman, I offer opment Management and Administra- while ‘‘government’’ bashing may be an amendment. tion and $3 million in General Services popular with many folks, we found out The Acting CHAIRMAN. The Clerk Administration costs, so there is no ad- with the devastating hurricane season will designate the amendment. ditional cost to America’s taxpayers. last year that many citizens want their The text of the amendment is as fol- In fact, CBO scores this amendment as government to respond to them in lows: a net outlay savings of $11 million. times of need. I ask Members to oppose Amendment offered by Ms. HARRIS: Mr. Chairman, my amendment would this amendment. Page 100, line 18, after the dollar amount, not bust the budget, nor would it ex- Mr. Chairman, I yield back the bal- insert the following: ‘‘(increased by ance of my time. $12,000,000)’’. pand the size of government. Simply Page 102, line 3, after the dollar amount, put, it would increase the opportuni- Ms. HARRIS. Mr. Chairman, I yield insert the following: ‘‘(increased by ties available to seniors and the dis- myself the balance of my time. $3,000,000)’’. abled to find the affordable, safe and I want to commend the chairman for Page 111, line 3, after the first dollar secure housing that they deserve. I the bill which addresses important amount, insert the following: ‘‘(reduced by strongly encourage my colleagues to issues, including transportation, the $12,000,000)’’. support this amendment. war on drugs and Judiciary, and crit- Page 195, line 4, after the dollar amount, ical housing needs. insert the following: ‘‘(reduced by Mr. Chairman, I reserve the balance $3,000,000)’’. of my time. I acknowledge that there are robust funding levels for these programs in The Acting CHAIRMAN. Pursuant to Mr. SWEENEY. Mr. Chairman, I rise the underlying bill. However, our Na- the order of the House of today, the in opposition to this amendment. tion’s seniors in their golden years de- gentlewoman from Florida (Ms. HAR- The Acting CHAIRMAN. The gen- serve access to affordable housing. We RIS) and a Member opposed each will tleman is recognized for 5 minutes. owe it to persons with disabilities to control 5 minutes. Mr. SWEENEY. Mr. Chairman, while provide them with the opportunity to The Chair recognizes the gentle- I recognize that the gentlewoman from live their lives to the fullest. woman from Florida. Florida has great intentions here, this Ms. HARRIS. Mr. Chairman, I rise bill, as we have said, is all about choos- This additional $15 million for these today to address an affordable housing ing priorities and making some dif- important programs is judicious from crisis facing this Nation’s most vulner- ficult choices. The proposed reduction budgets of tens of hundreds of millions able populations. in HUD S&E funds, combined with the of dollars. But nonetheless, Congress Let me begin by recognizing the need to absorb a one-half percent in- must demonstrate its resolve to forth- work of Chairman KNOLLENBERG and crease in the Federal pay raise, will ne- rightly pursue these important and the committee in crafting this bill. In cessitate a further reduction in HUD’s noble goals. particular, I commend the committee’s staffing level of several hundred full- I strongly urge my colleagues to step work in addressing critical housing time equivalent staff positions, making up and show your commitment to tack- needs. However, I rise today to offer an it more difficult for HUD to provide le the affordable housing crisis facing amendment to strengthen an ex- sufficient oversight and risk manage- our Nation’s most vulnerable citizens tremely important housing program ment in its significant housing and such as our seniors and persons with for our Nation’s low-income seniors community development program de- disabilities. Mr. Chairman, I yield back the bal- and persons with disabilities. livery. HUD’s section 202 Supportive Hous- Regarding the cuts to GSA, I make ance of my time. The Acting CHAIRMAN. The ques- ing for the Elderly Program funds cap- note that we are at the start of the tion is on the amendment offered by ital development grants and rental as- hurricane season, and these funds that the gentlewoman from Florida (Ms. sistance contracts for nonprofit hous- would be cut support the Office of Cit- HARRIS ing sponsors to develop and maintain izen Services and Communications, the ). The question was taken; and the Act- housing. Nation’s focal point for information Since its inception in 1959, the pro- and services offered by the Federal ing Chairman announced that the noes gram has demonstrated how a success- Government. This infrastructure has appeared to have it. Ms. HARRIS. Mr. Chairman, I de- ful partnership between public-private been a resource in the time of crisis or mand a recorded vote. entities can maximize efficiency and unexpected events, most recently as a The Acting CHAIRMAN. Pursuant to quality of a Federal housing program means to provide valuable information clause 6 of rule XVIII, further pro- as well as enhancing the sense of inde- to citizens after Hurricane Katrina. Re- ceedings on the amendment offered by pendence and self-reliance so impor- ductions could impact the hours of op- the gentlewoman from Florida will be tant to the mental health of our sen- eration of our call centers for victims postponed. iors. of hurricanes this year. AMENDMENT OFFERED BY MS. JACKSON-LEE OF HUD’s section 811, Disabled Housing These accounts also fund GSA’s real TEXAS Program, is the only HUD program and personal property utilization and Ms. JACKSON-LEE of Texas. Mr. that offers accessible and affordable disposal programs from which we Chairman, I offer an amendment. supportive housing for nonelderly, low- transfer assets no longer needed by the The Acting CHAIRMAN. The Clerk income persons with disabilities. The Federal Government to State and local will designate the amendment. program provides safe and affordable governments and nonprofit organiza- The text of the amendment is as fol- housing for people with the most se- tions, saving millions of dollars. lows: vere disabilities who rely on SSI in- b 1945 Amendment offered by Ms. JACKSON-LEE of come of $600 or less per month. Cutting these funds delays in trans- Texas: Funds in this program are used to de- Page 101, line 9 after ‘‘Fund;’’, ‘‘Provided velop and improve fully wheelchair-ac- ferring properties to eligible recipients further, that all tenant-based assistance cessible units of permanent supportive and delays in generating sales proceeds made available under this heading shall con- housing and to foster the integration of from disposal actions. tinue to remain available to all eligible el- citizens with disabilities into open The amendment would cut funds for derly applicants’’. housing rather than confining them to the Office of Governmentwide Policy, Mr. SWEENEY. Mr. Chairman, I re- nursing homes, public institutions, or which carries out various policy func- serve a point of order. imposing them on families and friends. tions assigned by Congress that is sepa- The Acting CHAIRMAN. The gen- The section 811 program is supported rate from GSA’s operations. For exam- tleman reserves a point of order. by groups including the United Cere- ple, these are the folks who set per Pursuant to the order of the House of bral Palsy Association, the National diem rates and travel policy for gov- today, the gentlewoman from Texas Alliance for the Mentally Ill, and the ernment employees. (Ms. JACKSON-LEE) and a Member op- Arc of the United States. Mr. Chairman, cutting GSA oper- posed each will control 5 minutes. As importantly, the restoration of ating expenses is the surest way to The Chair recognizes the gentle- funds would be offset by $12 million re- bring the operations of the Federal woman from Texas.

VerDate Aug 31 2005 03:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.175 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3860 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Ms. JACKSON-LEE of Texas. Mr. larly in view of the evacuation, the The rule states in pertinent part: Chairman, I yield myself such time as largest evacuation we can ever have ‘‘An amendment to a general appro- I may consume. imagined following Hurricanes priations bill shall not be in order if I offer my appreciation to the rank- Katrina, Rita and Wilma. changing existing law.’’ The amending member, Mr. OLVER, and Mr. This is an important amendment ment is not merely perfecting and adds KNOLLENBERG, and of course the chair- that I hope my colleagues would sup- additional legislation. man and the ranking member of the port. But more importantly, I hope my I ask for a ruling from the Chair. full committee. dear friend would yield to waiving the The Acting CHAIRMAN. Does the This is a difficult task, but as I stand point of order so this amendment gentlewoman from Texas wish to be here today, I argue that it is a difficult might be able to be passed by this heard on the point of order? posture to be in, to be elderly in Amer- body. Ms. JACKSON-LEE of Texas. Am I ica and to be without housing. We have Mr. Chairman, I rise to offer an amendment able to speak after the ruling of Chair already heard the stories about the to H.R. 5576 that emphasizes that all tenant- on the point of order? choices that our elderly citizens have based assistance made available under this The Acting CHAIRMAN. The gentle- to make, sometimes between food, pre- heading shall continue to remain available to woman may speak in advance of the scription drugs and, of course, housing. all eligible elderly applicants. ruling by the Chair. In my own community in Houston as In the year 2000, the elderly made up 12.4 Ms. JACKSON-LEE of Texas. Mr. we are hosting thousands of Hurricane percent of the population. The total number of Chairman, let me simply say that I Katrina survivors, we have found the elderly increased 12 percent from 1990 (U.S. have asked respectfully for the oppos- most vulnerable to be senior citizens, Census 2000). ing side, for the Republicans, to ac- individuals who are without income or More than 7.4 million elderly households knowledge the plight of the elderly, a future in terms of the work world and pay more than they can afford for their hous- and the percentage of them who are need to have some housing. ing. The number of elderly rental households suffering without having the ability to This is a simple amendment. This with worst-case housing needs rose to 1.2 mil- have housing. amendment says all tenant-based as- lion between 1999 and 2001, an increase of The Acting CHAIRMAN. The gentle- sistance made available under this 14 percent. woman must confine her remarks to heading shall continue to remain avail- The problems of low income seniors facing the point of order. able to all eligible elderly applicants. multi-year housing assistance waiting lists is Ms. JACKSON-LEE of Texas. My po- Who could be against this simple state- only exacerbated by the shrinking supply of sition is that the enormity of the need ment? suitable, affordable housing as some owners warrants a waiver of the point of order, I would ask my colleagues on the convert existing units to market-rate housing. and I would ask the majority to waive other side of the aisle to consider the Nearly 21 percent of elderly 65 and over re- the point of order so the elderly might vast numbers of the growing popu- ported not being able to afford moderately be served in rental housing so the lation of elderly, and let’s try to do priced housing in the areas in which they live. choice they make is not health care or something about their plight. Of those individuals, 79 percent of those rent- housing. In the year 2000, the elderly made up ing housing reported not being able to afford I ask for a ruling from the Chair in 12.4 percent of the population. The rent prices in their areas. (U.S. Census 1995, favor of my amendment. total number of elderly increased 12 Housing Affordability) The Acting CHAIRMAN. The para- percent from 1990 to the U.S. Census in Thirty-four percent of older African American graph to which the amendment has 2000. More than 7.4 million elderly households and 41 percent of older Hispanic been offered is a legislative provision households pay more than they can af- households were renter households, com- permitted to remain under the rule. ford for their housing. The number of pared with only 19 percent of older white The amendment offered by the gen- elderly rental households rose to 1.2 households. (1995 American Housing Survey) tlewoman from Texas proposes not million between 1999 and 2001, an in- Approximately 19 percent of elderly African merely to perfect the language per- crease of 14 percent. American and 11 percent of older Hispanic mitted to remain but to add additional This extension or this compliance households reported moderate or severe prob- legislation thereto; namely, a require- with the idea of having elderly housing lems regarding the physical condition of their ment that certain housing assistance remain available for rental I think is a housing units. remain available. statement that responds to the chang- New tools are needed to help preserve The amendment therefore con- ing demographics of America, the prob- these units and to provide the supportive serv- stitutes legislation in violation of lems of low-income seniors facing ices that are so necessary for an aging popu- clause 2 of rule XXI. multiyear housing assistance. Waiting lation. The point of order is sustained. lists are exacerbated by the shrinking Housing for the Elderly and Housing for Per- The Clerk will read. supply of suitable, affordable housing sons with Disabilities are funded at the FY The Clerk read as follows: as some owners convert existing units 2006 levels of $735 million and $237 million HOUSING FOR PERSONS WITH DISABILITIES to market-rate housing. respectively. The President’s budget cut Elder- (INCLUDING TRANSFER OF FUNDS) Ask the many cities across America ly Housing by $190 million (26 percent) and For capital advance contracts, including and the rural areas how many thou- Housing for Persons with Disabilities by $118 amendments to capital advance contracts, sands of individuals are on the Section million (50 percent). for supportive housing for persons with dis- 8 housing, if you will, and they will re- This amendment emphasizes the intent of abilities, as authorized by section 811 of the spond thousands. And many of them the funding under this heading to assist the el- Cranston-Gonzalez National Affordable are senior citizens. Nearly 21 percent of derly, only and specifically the elderly, with Housing Act, for project rental assistance for elderly 65 and older reported not being rental housing. supportive housing for persons with disabil- able to afford moderately priced hous- I urge my colleagues to support this amend- ities under section 811(d)(2) of such Act, ining in the area in which they live. Of ment. cluding amendments to contracts for such assistance and renewal of expiring contracts those individuals, 79 percent of those Mr. Chairman, I reserve the balance of my time. for such assistance for up to a 1-year term, renting housing reported not being able and for supportive services associated with to afford rent prices in their own areas. The Acting CHAIRMAN. Does the the housing for persons with disabilities as What can we do about it? We can gentleman from New York insist on his authorized by section 811(b)(1) of such Act, simply acknowledge the fact that ten- point of order? and for tenant-based rental assistance con- ant-based housing should be available Mr. SWEENEY. I do, Mr. Chairman. tracts entered into pursuant to section 811 of for the elderly. Thirty-four percent of POINT OF ORDER such Act, $236,610,000 to remain available older African American households and Mr. SWEENEY. Mr. Chairman, I until September 30, 2010: Provided, That no 41 percent of older Hispanic households make a point of order against the less than $990,000 shall be transferred to the Working Capital Fund: Provided further, rent their household, compared with amendment because it proposes to That, of the amount provided under this only 19 percent of older white house- change existing law and constitutes heading up to $74,745,000 shall be for amend- holds. There is a population for rental legislation in an appropriation bill and ments or renewal of tenant-based assistance assistance for the elderly, and particu- therefore violates clause 2 of rule XXI. contracts: Provided further, That all tenant-

VerDate Aug 31 2005 05:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.179 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3861 based assistance made available under this $347,490,000 shall be transferred to the appro- Act of 1970, as amended (12 U.S.C. 1701z–1 et heading shall continue to remain available priation for ‘‘Salaries and expenses’’; and not seq.), including carrying out the functions of only to persons with disabilities: Provided to exceed $3,960,000 shall be transferred to the Secretary under section 1(a)(1)(i) of Re- further, That the Secretary may waive the the appropriation for ‘‘Office of Inspector organization Plan No. 2 of 1968, $55,787,000, to provisions of section 811 governing the terms General’’. In addition, for administrative remain available until September 30, 2008: and conditions of project rental assistance contract expenses, $52,400,000, of which no Provided, That of the total amount provided and tenant-based assistance, except that the less than $23,562,000 shall be transferred to under this heading, $5,000,000 shall be for the initial contract term for such assistance the Working Capital Fund, and of which up Partnership for Advancing Technology in shall not exceed 5 years in duration: Provided to $10,000,000 may be for education and out- Housing (PATH) Initiative: Provided further, further, That amounts made available under reach of FHA single family loan products: That of the amounts made available for this heading shall be available for Real Es- Provided, That to the extent guaranteed loan PATH under this heading, $2,500,000 shall not tate Assessment Center inspections and in- commitments exceed $65,500,000,000 on or be- be subject to the requirements of section 305 spection-related activities associated with fore April 1, 2007, an additional $1,400 for ad- of this title: Provided further, That of the section 811 Capital Advance Projects. ministrative contract expenses shall be funds made available under this heading, $20,394,000 is for grants pursuant to section OTHER ASSISTED HOUSING PROGRAMS available for each $1,000,000 in additional guaranteed loan commitments (including a 107 of the Housing and Community Develop- RENTAL HOUSING ASSISTANCE pro rata amount for any amount below ment Act of 1974, as amended: Provided fur- For amendments to contracts under sec- $1,000,000), but in no case shall funds made ther, That activities for the Partnership for Advancing Technology in Housing Initiative tion 101 of the Housing and Urban Develop- available by this proviso exceed $30,000,000. ment Act of 1965 (12 U.S.C. 1701s) and section shall be administered by the Office of Policy GENERAL AND SPECIAL RISK PROGRAM 236(f)(2) of the National Housing Act (12 Development and Research for Alaska Native ACCOUNT U.S.C. 1715z–1) in State-aided, non-insured serving institutions and Native Hawaiian rental housing projects, $24,750,000, to remain (INCLUDING TRANSFERS OF FUNDS) serving institutions as defined under the available until expended. For the cost of guaranteed loans, as au- Higher Education Act as amended, tribal colleges and universities, the Historically Black MANUFACTURED HOUSING FEES TRUST FUND thorized by sections 238 and 519 of the Na- tional Housing Act (12 U.S.C. 1715z–3 and Colleges and Universities program, and the For necessary expenses as authorized by 1735c), including the cost of loan guarantee Hispanic Serving Institutions Programs. the National Manufactured Housing Con- modifications, as that term is defined in sec- FAIR HOUSING AND EQUAL OPPORTUNITY struction and Safety Standards Act of 1974, tion 502 of the Congressional Budget Act of FAIR HOUSING ACTIVITIES as amended (42 U.S.C. 5401 et seq.), up to 1974, as amended, $8,600,000, to remain avail- For contracts, grants, and other assist- $16,000,000 to remain available until ex- able until expended: Provided, That commit- ance, not otherwise provided for, as author- pended, to be derived from the Manufactured ments to guarantee loans shall not exceed ized by title VIII of the Civil Rights Act of Housing Fees Trust Fund: Provided, That for $35,000,000,000 in total loan principal, any 1968, as amended by the Fair Housing the dispute resolution and installation pro- part of which is to be guaranteed. Amendments Act of 1988, and section 561 of grams, the Secretary may assess and collect Gross obligations for the principal amount the Housing and Community Development fees and charges from any program partici- of direct loans, as authorized by sections Act of 1987, as amended, $44,550,000, to remain pant: Provided further, That such collections 204(g), 207(l), 238, and 519(a) of the National available until September 30, 2008, of which shall be deposited into the Fund, and the Housing Act, shall not exceed $50,000,000, of $18,800,000 shall be to carry out activities Secretary, subject to amounts made avail- which not to exceed $30,000,000 shall be for pursuant to such section 561: Provided, That able under this heading, may use such collec- bridge financing in connection with the sale notwithstanding 31 U.S.C. 3302, the Secretary tions, as well as fees collected under such of multifamily real properties owned by the may assess and collect fees to cover the costs section 620, for necessary expenses of such Secretary and formerly insured under such of the Fair Housing Training Academy, and Act: Provided further, That in addition to Act; and of which not to exceed $20,000,000 may use such funds to provide such training: amounts made available under this heading, shall be for loans to nonprofit and govern- Provided further, That no funds made avail- and notwithstanding the requirements of mental entities in connection with the sale able under this heading shall be used to such section 620, the Secretary may carry of single-family real properties owned by the lobby the executive or legislative branches out responsibilities of the Secretary under Secretary and formerly insured under such of the Federal Government in connection such Act through the use of approved service Act. with a specific contract, grant or loan. providers that are paid directly by the re- In addition, for administrative expenses OFFICE OF LEAD HAZARD CONTROL cipients of their services: Provided further, necessary to carry out the guaranteed and LEAD HAZARD REDUCTION That not to exceed the total amount appro- direct loan programs, $229,086,000, of which For the Lead Hazard Reduction Program, priated under this heading shall be available $209,286,000 shall be transferred to the appro- as authorized by section 1011 of the Residen- from the general fund of the Treasury to the priation for ‘‘Salaries and Expenses’’; and of tial Lead-Based Paint Hazard Reduction Act extent necessary to incur obligations and which $19,800,000 shall be transferred to the of 1992, $114,840,000, to remain available until make expenditures pending the receipt of appropriation for ‘‘Office of Inspector Gen- September 30, 2008, of which $8,712,000 shall collections to the Fund pursuant to section eral’’. be for the Healthy Homes Initiative, pursu- 620 of such Act: Provided further, That the In addition, for administrative contract ex- ant to sections 501 and 502 of the Housing and amount made available under this heading penses necessary to carry out the guaranteed Urban Development Act of 1970 that shall in- from the general fund shall be reduced as and direct loan programs, $72,778,000, of clude research, studies, testing, and dem- such collections are received during fiscal which no less than $10,692,000 shall be trans- onstration efforts, including education and year 2007 so as to result in no final fiscal ferred to the Working Capital Fund. outreach concerning lead-based paint poi- year 2007 appropriation from the general soning and other housing-related diseases fund, and fees pursuant to such section 620 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION and hazards: Provided, That for purposes of shall be modified as necessary to ensure such environmental review, pursuant to the Na- GUARANTEES OF MORTGAGE-BACKED SECURI- a final fiscal year 2007 appropriation. tional Environmental Policy Act of 1969 (42 TIES LOAN GUARANTEE PROGRAM ACCOUNT FEDERAL HOUSING ADMINISTRATION U.S.C. 4321 et seq.) and other provisions of (INCLUDING TRANSFER OF FUNDS) MUTUAL MORTGAGE INSURANCE PROGRAM law that further the purposes of such Act, a ACCOUNT New commitments to issue guarantees to grant under the Healthy Homes Initiative, carry out the purposes of section 306 of the Operation Lead Elimination Action Plan (INCLUDING TRANSFERS OF FUNDS) National Housing Act, as amended (12 U.S.C. (LEAP), or the Lead Technical Studies pro- During fiscal year 2007, commitments to 1721(g)), shall not exceed $100,000,000,000, to gram under this heading or under prior ap- guarantee loans to carry out the purposes of remain available until September 30, 2008. propriations Acts for such purposes under section 203(b) of the National Housing Act, For administrative expenses necessary to this heading, shall be considered to be funds as amended, shall not exceed a loan principal carry out the guaranteed mortgage-backed for a special project for purposes of section of $185,000,000,000. securities program, $10,700,000, to be derived 305(c) of the Multifamily Housing Property During fiscal year 2007, obligations to from the GNMA guarantees of mortgage- Disposition Reform Act of 1994: Provided fur- make direct loans to carry out the purposes backed securities guaranteed loan receipt ac- ther, That not less than 90 percent of the of section 204(g) of the National Housing Act, count, of which not to exceed $10,700,000, funds made available under this paragraph as amended, shall not exceed $50,000,000: Pro- shall be transferred to the appropriation for shall be used exclusively for abatement, in- vided, That the foregoing amount shall be for ‘‘Salaries and Expenses’’. spections, risk assessments, temporary relo- loans to nonprofit and governmental entities cations and interim control of lead-based POLICY DEVELOPMENT AND RESEARCH in connection with sales of single family real hazards as defined by 42 U.S.C. 4851: Provided properties owned by the Secretary and for- RESEARCH AND TECHNOLOGY further, That each recipient of funds provided merly insured under the Mutual Mortgage For contracts, grants, and necessary ex- under the first proviso shall make a match- Insurance Fund. penses of programs of research and studies ing contribution in an amount not less than For administrative expenses necessary to relating to housing and urban problems, not 25 percent: Provided further, That each appli- carry out the guaranteed and direct loan otherwise provided for, as authorized by title cant shall submit a detailed plan and strat- program, $351,450,000, of which not to exceed V of the Housing and Urban Development egy that demonstrates adequate capacity

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.069 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3862 CONGRESSIONAL RECORD — HOUSE June 13, 2006 that is acceptable to the Secretary to carry ester have worked together using fund- Mr. TERRY. Mr. Chairman, I thank out the proposed use of funds pursuant to a ing from HUD’s lead hazard control the gentlewoman from New York for Notice of Funding Availability. grant to make nearly 300 housing units not only sponsoring this, but yielding AMENDMENT OFFERED BY MS. SLAUGHTER lead free and safe for children. me the time. Ms. SLAUGHTER. Mr. Chairman, I Lead hazard control grants work, but I rise in support of this amendment offer an amendment. they are threatened by a lack of fund- as a coauthor, cosponsor of this impor- The Acting CHAIRMAN. The Clerk ing. In fiscal year 2006, the Office of tant amendment. What this amend- will designate the amendment. Lead Hazard Control received $1.548 ment does is it restores $35 million to The text of the amendment is as fol- million, and that is $16 million less help States combat childhood lead poi- lows: than in 2005. The 2007 appropriations soning. I happen to represent a district where Amendment offered by Ms. SLAUGHTER: bill makes it worse and cuts it more by Page 109, line 14, after the dollar amount, $35 million. The need far outpaces the a significant geographical portion has insert the following: ‘‘(increased by resources and slashing the funding will been declared a Superfund site because $35,000,000)’’. significantly jeopardize the progress of lead contamination. Although the Page 111, line 3, after the first dollar we have made. lead contamination in the soil is a dif- amount, insert the following: ‘‘(reduced by I urge Members to support the ferent issue and a different agency, the $35,000,000)’’. reality is one agency, EPA, cleans up Slaughter-Vela´ zquez-Terry amend- the yards from lead contamination. The Acting CHAIRMAN. Pursuant to ment. What they are finding is that part of the order of the House of today, the Mr. Chairman, I reserve the balance the contamination is also from the gentlewoman from New York (Ms. of my time. lead-based paint from the outside or SLAUGHTER) and a Member opposed Mr. SWEENEY. Mr. Chairman, I rise exterior of the home. At the same each will control 5 minutes. in opposition. The Chair recognizes the gentle- time, we have the lead paint interior The Acting CHAIRMAN. The gen- issues in these older, poorer parts of woman from New York. tleman from New York is recognized Ms. SLAUGHTER. Mr. Chairman, I my city. So what happens is we clean for 5 minutes. up one area and leave other contami- would like to ask a favor. Mr. TERRY Mr. SWEENEY. Mr. Chairman, I and I want to split this 5 minutes ex- nated areas. It makes sense that we do yield myself such time as I may con- a more holistic approach and clean up actly in half, and so if you would be sume. kind enough to tell me when my time lead paint at the same time in those Mr. Chairman, I recognize noble in- homes. is up. tentions are at work here, but I am The Acting CHAIRMAN. The gentle- But, unfortunately, the fund that very opposed to increasing this pro- deals with the lead paint for houses has woman is recognized for 21⁄2 minutes. gram at the expense of other critical been cut. This program has already Ms. SLAUGHTER. Mr. Chairman, I programs, and there are a number of fallen from a previous level of $175 mil- rise today in strong support of the reasons. lion in fiscal year 2003. This appropria- Slaughter-Vela´ zquez-Terry amendment The committee mark fully funds the tions bill under consideration today to restore funding to HUD’s critically amount requested by the administra- would further cut the funding from $150 important Office of Lead Hazard Con- tion and fully funds the program that million in fiscal year 2006 to about $115 trol. has been in place for the past decade. million in fiscal year 2007. I realize the This funding is necessary if we ever These funds go to State and local gov- budget is tight, and we try to take this hope to eradicate childhood lead poi- ernments to abate lead-based paint in out of the administrative salary side so soning by 2010, a imperative national homes that will not be restored we don’t have to take it out of the pro- goal. HUD’s Office of Lead Hazard Con- through privately funded moderniza- grams that Mr. SWEENEY had ref- trol provides grants to cities and tion or resale. erenced. States working to correct serious lead Three years ago the Senate began a This is important to the health and hazards in low income and high-risk new demonstration program and added safety of children in many inner-city homes. The grants are targeted to help between $50 and $75 million in addi- urban areas, and I respectfully request the most vulnerable of our citizens, tional funds. The House has not in- my colleagues support this amend- children under the age of 6. cluded these funds in subsequent years, ment. Mr. Chairman, this is not an isolated and the Senate has attempted to con- Mr. SWEENEY. Mr. Chairman, let me problem. Lead poisoning affects nearly tinue the demonstration program each just conclude by reiterating my re- 434,000 American children each year be- year. They may well try to do it again. marks that this is, as Mr. TERRY point- tween the ages of 1 and 5, and it is un- The committee is simply not in a po- ed out, a year of very tough budget acceptable. High blood levels in chil- sition to absorb a $35 million increase numbers. But not only that, we need to dren have been linked to asthma, brain in funding for this demonstration pro- control our spending here. The committee understands that, but damage, hearing loss, hyperactivity gram at the expense of other programs and environmental delays. We must also understands that it needs to meet that are being funded at the 2005 level other priorities. The mark fully funds not let that happen to our children. In or below. extreme cases, exposure to lead has the amount requested by the adminis- Once again, the proposed reduction in tration and fully funds the program caused seizures, comas and death. S&E funds, combined with the need to In my district alone, over 2,000 chil- that has been in place the past decade. absorb a one-half percent increase in The cuts that are proposed as offsets dren fall victim to lead poisoning each the Federal pay raise, will necessitate year. Over 50 percent of the homes in would be too substantial to absorb in a further reduction in HUD’s staffing the other programs. It would have a Niagara and Erie Counties were built level of several hundred full-time before 1950 and are likely to contain devastating impact. equivalent staff positions, making it I would urge our colleagues to vote lead paint. In Erie County, 1,000 chil- more difficult for HUD to provide suffi- ‘‘no.’’ dren will be found to have unsafe lead cient oversight and risk management I yield back the balance of my time. levels. in its significant housing and commu- The Acting CHAIRMAN. The ques- A $1.5 million lead hazard control nity development program delivery. tion is on the amendment offered by grant that went to the City of Buffalo b 2000 the gentlewoman from New York (Ms. has been essential in local efforts to SLAUGHTER). protect the children from lead poi- Therefore, Mr. Chairman, I would The question was taken; and the Act- soning. urge a ‘‘no’’ vote on this amendment. ing Chairman announced that the noes The City of Rochester is among the I reserve the balance of my time. appeared to have it. top 10 U.S. cities with the worst lead Ms. SLAUGHTER. Mr. Chairman, I Ms. SLAUGHTER. Mr. Chairman, I paint problems. In 2004, 900 children in yield the remaining time to Mr. TERRY. demand a recorded vote. Monroe County were exposed to lead The Acting CHAIRMAN. The gen- The Acting CHAIRMAN. Pursuant to poisoning. To combat the problem, tleman from Nebraska is recognized for clause 6 of rule XVIII, further pro- Monroe County and the City of Roch- 21⁄2 minutes. ceedings on the amendment offered by

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.069 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3863 the gentlewoman from New York will WORKING CAPITAL FUND Urban Development for which settlement oc- be postponed. (INCLUDING TRANSFER OF FUNDS) curred after January 1, 1992, in accordance The Clerk will read. For additional capital for the Working with such section. Notwithstanding the previous sentence, the Secretary may award up The Clerk read as follows: Capital Fund (42 U.S.C. 3535) for the develop- to 15 percent of the budget authority or cash MANAGEMENT AND ADMINISTRATION ment of, modifications to, and infrastructure recaptured and not rescinded or remitted to for Department-wide information technology SALARIES AND EXPENSES the Treasury to provide project owners with systems, for the continuing operation and (INCLUDING TRANSFER OF FUNDS) incentives to refinance their project at a maintenance of both Department-wide and For necessary administrative and non-ad- lower interest rate. program-specific information systems, and ministrative expenses of the Department of SEC. 302. None of the amounts made avail- for program-related development activities, Housing and Urban Development, not other- able under this Act may be used during fiscal $100,000,000, to remain available until Sep- wise provided for, including purchase of uni- year 2007 to investigate or prosecute under tember 30, 2008: Provided, That any amounts forms, or allowances therefore, as authorized the Fair Housing Act any otherwise lawful transferred to this Fund under this Act shall by 5 U.S.C. 5901–5902; hire of passenger motor activity engaged in by one or more persons, vehicles; services as authorized by 5 U.S.C. remain available until expended: Provided including the filing or maintaining of a non- 3109; and not to exceed $25,000 for official re- further, That any amounts transferred to frivolous legal action, that is engaged in ception and representation expenses, this Fund from amounts appropriated by pre- solely for the purpose of achieving or pre- $1,141,117,000, of which $556,776,000 shall be viously enacted appropriations Acts or from venting action by a Government official or provided from the various funds of the Fed- within this Act may be used for the purposes entity, or a court of competent jurisdiction. eral Housing Administration, $10,700,000 shall specified under this Fund, in addition to the SEC. 303. (a) Notwithstanding section be provided from funds of the Government purposes for which such amounts were appro- 854(c)(1)(A) of the AIDS Housing Opportunity National Mortgage Association, $148,500 shall priated. Act (42 U.S.C. 12903(c)(1)(A)), from any be provided by transfer from the ‘‘Native OFFICE OF INSPECTOR GENERAL amounts made available under this title for fiscal year 2007 that are allocated under such American housing block grants’’ account, (INCLUDING TRANSFER OF FUNDS) section, the Secretary of Housing and Urban $247,500 shall be provided by transfer from For necessary expenses of the Office of In- Development shall allocate and make a the ‘‘Indian housing loan guarantee fund pro- spector General in carrying out the Inspec- grant, in the amount determined under sub- gram’’ account and $35,000 shall be trans- tor General Act of 1978, as amended, section (b), for any State that— ferred from the ‘‘Native Hawaiian housing $107,000,000, of which $23,760,000 shall be pro- (1) received an allocation in a prior fiscal loan guarantee fund’’ account: Provided, vided from the various funds of the Federal year under clause (ii) of such section; and That funds made available under this head- Housing Administration: Provided, That the (2) is not otherwise eligible for an alloca- ing shall only be allocated in the manner Inspector General shall have independent au- specified in the statement of the managers tion for fiscal year 2007 under such clause (ii) thority over all personnel issues within this because the areas in the State outside of the accompanying this Act unless the Commit- office. tees on Appropriations of both the House of metropolitan statistical areas that qualify OFFICE OF FEDERAL HOUSING ENTERPRISE Representatives and the Senate are notified under clause (i) in fiscal year 2007 do not of any changes in an operating plan or re- OVERSIGHT have the number of cases of acquired im- programming: Provided further, That no offi- SALARIES AND EXPENSES munodeficiency syndrome (AIDS) required cial or employee of the Department shall be (INCLUDING TRANSFER OF FUNDS) under such clause. (b) The amount of the allocation and grant designated as an allotment holder unless the For carrying out the Federal Housing En- for any State described in subsection (a) Office of the Chief Financial Officer (OCFO) terprises Financial Safety and Soundness shall be an amount based on the cumulative has determined that such allotment holder Act of 1992, including not to exceed $500 for number of AIDS cases in the areas of that has implemented an adequate system of official reception and representation ex- State that are outside of metropolitan sta- funds control and has received training in penses, $62,000,000, to remain available until tistical areas that qualify under clause (i) of funds control procedures and directives: Pro- expended, to be derived from the Federal such section 854(c)(1)(A) in fiscal year 2007, in vided further, That the Chief Financial Offi- Housing Enterprises Oversight Fund: Pro- proportion to AIDS cases among cities and cer shall establish positive control of and vided, That the Director shall submit a States that qualify under clauses (i) and (ii) maintain adequate systems of accounting for spending plan for the amounts provided of such section and States deemed eligible appropriations and other available funds as under this heading no later than January 15, under subsection (a). required by 31 U.S.C. 1514: Provided further, 2007: Provided further, That not less than 80 (c) Notwithstanding any other provision of That for purposes of funds control and deter- percent of the total amount made available law, the amount allocated for fiscal year 2007 mining whether a violation exists under the under this heading shall be used only for ex- under section 854(c) of the AIDS Housing Op- Anti-Deficiency Act (31 U.S.C. 1341 et seq.), amination, supervision, and capital over- portunity Act (42 U.S.C. 12903(c)), to the City the point of obligation shall be the executed sight of the enterprises (as such term is de- of New York, New York, on behalf of the New agreement or contract, except with respect fined in section 1303 of the Federal Housing York-Wayne-White Plains, New York-New to insurance and guarantee programs, cer- Enterprises Financial Safety and Soundness Jersey Metropolitan Division (hereafter tain types of salaries and expenses funding, Act of 1992 (12 U.S.C. 4502)) to ensure that the ‘‘metropolitan division’’) of the New York- and incremental funding that is authorized enterprises are operating in a financially Newark-Edison, NY-NJ-PA Metropolitan under an executed agreement or contract, safe and sound manner and complying with Statistical Area, shall be adjusted by the and shall be designated in the approved funds the capital requirements under subtitle B of Secretary of Housing and Urban Develop- control plan: , That the Chief Provided further such Act: Provided further, That not to ex- ment by: (1) allocating to the City of Jersey Financial Officer shall: (1) appoint qualified ceed the amount provided herein shall be City, New Jersey, the proportion of the met- personnel to conduct investigations of poten- available from the general fund of the Treas- ropolitan area’s or division’s amount that is tial or actual violations; (2) establish min- ury to the extent necessary to incur obliga- based on the number of cases of AIDS re- imum training requirements and other quali- tions and make expenditures pending the reported in the portion of the metropolitan fications for personnel that may be ap- ceipt of collections to the Fund: Provided fur- area or division that is located in Hudson pointed to conduct investigations; (3) estab- ther, That the general fund amount shall be County, New Jersey, and adjusting for the lish guidelines and timeframes for the con- reduced as collections are received during proportion of the metropolitan division’s duct and completion of investigations; (4) the fiscal year so as to result in a final ap- high incidence bonus if this area in New Jer- prescribe the content, format and other re- propriation from the general fund estimated sey also has a higher than average per capita quirements for the submission of final re- at not more than $0. incidence of AIDS; and (2) allocating to the ports on violations; and (5) prescribe such ad- ADMINISTRATIVE PROVISIONS City of Paterson, New Jersey, the proportion ditional policies and procedures as may be of the metropolitan area’s or division’s (INCLUDING RESCISSION) required for conducting investigations of, amount that is based on the number of cases and administering, processing, and reporting SEC. 301. Fifty percent of the amounts of of AIDS reported in the portion of the metro- on, potential and actual violations of the budget authority, or in lieu thereof 50 per- politan area or division that is located in Anti-Deficiency Act and all other statutes cent of the cash amounts associated with Bergen County and Passaic County, New Jer- and regulations governing the obligation and such budget authority, that are recaptured sey, and adjusting for the proportion of the expenditure of funds made available in this from projects described in section 1012(a) of metropolitan division’s high incidence bonus or any other Act: Provided further, That up to the Stewart B. McKinney Homeless Assist- if this area in New Jersey also has a higher $15,000,000 may be transferred to the Working ance Amendments Act of 1988 (42 U.S.C. 1437 than average per capita incidence of AIDS. Capital Fund: Provided further, That the Sec- note) shall be rescinded, or in the case of The recipient cities shall use amounts allo- retary shall fill 7 out of 10 vacancies at the cash, shall be remitted to the Treasury, and cated under this subsection to carry out eli- GS–14 and GS–15 levels until the total num- such amounts of budget authority or cash re- gible activities under section 855 of the AIDS ber of GS–14 and GS–15 positions in the De- captured and not rescinded or remitted to Housing Opportunity Act (42 U.S.C. 12904) in partment has been reduced from the number the Treasury shall be used by State housing their respective portions of the metropolitan of GS–14 and GS–15 positions on the date of finance agencies or local governments or division that is located in New Jersey. enactment of Public Law 106–377 by 21⁄2 per- local housing agencies with projects ap- (d) Notwithstanding any other provision of cent. proved by the Secretary of Housing and law, the amount allocated for fiscal year 2007

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under section 854(c) of the AIDS Housing Op- gated or expended unless HUD provides to SEC. 313. That incremental vouchers pre- portunity Act (42 U.S.C. 12903(c)) to areas the Committees on Appropriations a descrip- viously made available under the heading with a higher than average per capita inci- tion of each proposed activity and a detailed ‘‘Housing Certificate Fund’’ or renewed dence of AIDS, shall be adjusted by the Sec- budget estimate of the costs associated with under the heading, ‘‘Tenant-Based Rental retary on the basis of area incidence re- each program, project or activity as part of Assistance,’’ for non-elderly disabled fami- ported over a three year period. the budget justifications. For fiscal year lies shall, to the extent practicable, continue SEC. 304. During fiscal year 2007, in the pro- 2007, HUD shall transmit this information to to be provided to non-elderly disabled fami- vision of rental assistance under section 8(o) the Committees by March 15, 2007 for 30 days lies upon turnover. of the United States Housing Act of 1937 (42 of review. SEC. 314. A public housing agency or such U.S.C. 1437f(o)) in connection with a program SEC. 310. The Secretary of Housing and other entity that administers Federal hous- to demonstrate the economy and effective- Urban Development shall provide quarterly ing assistance in the States of Alaska, Iowa, ness of providing such assistance for use in reports to the House and Senate Committees and Mississippi shall not be required to in- assisted living facilities that is carried out on Appropriations regarding all uncommit- clude a resident of public housing or a recipi- in the counties of the State of Michigan not- ted, unobligated, recaptured and excess funds ent of assistance provided under section 8 of withstanding paragraphs (3) and (18)(B)(iii) in each program and activity within the ju- the United States Housing Act of 1937 on the of such section 8(o), a family residing in an risdiction of the Department and shall sub- board of directors or a similar governing assisted living facility in any such county, mit additional, updated budget information board of such agency or entity as required on behalf of which a public housing agency to these Committees upon request. under section (2)(b) of such Act. Each public SEC. 311. (a) Notwithstanding any other provides assistance pursuant to section housing agency or other entity that admin- provision of law, the amount allocated for 8(o)(18) of such Act, may be required, at the isters Federal housing assistance under sec- fiscal year 2007 under section 854(c) of the time the family initially receives such as- tion 8 in the States of Alaska, Iowa and Mis- AIDS Housing Opportunity Act (42 U.S.C. sistance, to pay rent in an amount exceeding sissippi shall establish an advisory board of 12903(c)), to the City of Wilmington, Dela- 40 percent of the monthly adjusted income of not less than 6 residents of public housing or ware, on behalf of the Wilmington, Delaware- the family by such a percentage or amount recipients of section 8 assistance to provide Maryland-New Jersey Metropolitan Division as the Secretary of Housing and Urban De- advice and comment to the public housing (hereafter ‘‘metropolitan division’’), shall be velopment determines to be appropriate. agency or other administering entity on SEC. 305. Except as explicitly provided in adjusted by the Secretary of Housing and Urban Development by allocating to the issues related to public housing and section law, any grant, cooperative agreement or 8. Such advisory board shall meet not less other assistance made pursuant to title III of State of New Jersey the proportion of the metropolitan division’s amount that is based than quarterly. this Act shall be made on a competitive basis SEC. 315. The funds made available for Na- on the number of cases of AIDS reported in and in accordance with section 102 of the De- tive Alaskans under the heading ‘‘Native the portion of the metropolitan division that partment of Housing and Urban Development American Housing Block Grants’’ in title III is located in New Jersey, and adjusting for Reform Act of 1989. of this Act shall be allocated to the same Na- the proportion of the metropolitan division’s SEC. 306. Funds of the Department of Hous- tive Alaskan housing block grant recipients ing and Urban Development subject to the high incidence bonus if this area in New Jer- sey also has a higher than average per capita that received funds in fiscal year 2005. Government Corporation Control Act or sec- SEC. 316. No funds provided under this title incidence of AIDS. The State of New Jersey tion 402 of the Housing Act of 1950 shall be may be used for an audit of the Government shall use amounts allocated to the State available, without regard to the limitations National Mortgage Association that makes under this subsection to carry out eligible on administrative expenses, for legal serv- applicable requirements under the Federal activities under section 855 of the AIDS ices on a contract or fee basis, and for uti- Credit Reform Act of 1990 (2 U.S.C. 661 et Housing Opportunity Act (42 U.S.C. 12904) in lizing and making payment for services and seq.). the portion of the metropolitan division that facilities of the Federal National Mortgage SEC. 317. Incremental vouchers previously is located in New Jersey. Association, Government National Mortgage made available under the heading, ‘‘Housing (b) Notwithstanding any other provision of Association, Federal Home Loan Mortgage law, the Secretary of Housing and Urban De- Certificate Fund’’ or renewed under the Corporation, Federal Financing Bank, Fed- velopment shall allocate to Wake County, heading, ‘‘Tenant-Based Rental Assistance’’, eral Reserve banks or any member thereof, North Carolina, the amounts that otherwise for family unification shall, to the extent Federal Home Loan banks, and any insured would be allocated for fiscal year 2007 under practicable, continue to be provided for fam- bank within the meaning of the Federal De- section 854(c) of the AIDS Housing Oppor- ily unification. SEC. 318. Notwithstanding any other provi- posit Insurance Corporation Act, as amended tunity Act (42 U.S.C. 12903(c)) to the City of sion of law, the recipient of a grant under (12 U.S.C. 1811–1831). Raleigh, North Carolina, on behalf of the Ra- SEC. 307. Unless otherwise provided for in section 202b of the Housing Act of 1959 (12 leigh-Cary, North Carolina Metropolitan this Act or through a reprogramming of Statistical Area. Any amounts allocated to U.S.C. 1701q–2) after December 26, 2000, in ac- funds, no part of any appropriation for the Wake County shall be used to carry out eligi- cordance with the unnumbered paragraph at Department of Housing and Urban Develop- ble activities under section 855 of such Act the end of section 202b(b) of such Act, may, ment shall be available for any program, (42 U.S.C. 12904) within such metropolitan at its option, establish a single-asset non- project or activity in excess of amounts set statistical area. profit entity to own the project and may forth in the budget estimates submitted to (c) Notwithstanding section 854(c) of the lend the grant funds to such entity, which Congress. AIDS Housing Opportunity Act (42 U.S.C. may be a private nonprofit organization de- SEC. 308. Corporations and agencies of the 12903(c)), the Secretary of Housing and Urban scribed in section 831 of the American Home- Department of Housing and Urban Develop- Development may adjust the allocation of ownership and Economic Opportunity Act of ment which are subject to the Government the amounts that otherwise would be allo- 2000. Corporation Control Act, as amended, are cated for fiscal year 2007 under section 854(c) SEC. 319. (a) No assistance shall be provided hereby authorized to make such expendi- of such Act, upon the written request of an under section 8 of the United States Housing tures, within the limits of funds and bor- applicant, in conjunction with the State(s), Act of 1937 (42 U.S.C. 1437f) to any individual rowing authority available to each such cor- for a formula allocation on behalf of a met- who— poration or agency and in accordance with ropolitan statistical area, to designate the (1) is enrolled as a student at an institu- law, and to make such contracts and com- State or States in which the metropolitan tion of higher education (as defined under mitments without regard to fiscal year limi- statistical area is located as the eligible section 102 of the Higher Education Act of tations as provided by section 104 of such Act grantee(s) of the allocation. In the case that 1965 (20 U.S.C. 1002)); as may be necessary in carrying out the pro- a metropolitan statistical area involves (2) is under 24 years of age; grams set forth in the budget for 2007 for more than one State, such amounts allo- (3) is not a veteran; such corporation or agency except as herein- cated to each State shall be in proportion to (4) is unmarried; after provided: Provided, That collections of the number of cases of AIDS reported in the (5) does not have a dependent child; and these corporations and agencies may be used portion of the metropolitan statistical area (6) is not otherwise individually eligible, or for new loan or mortgage purchase commit- located in that State. Any amounts allo- has parents who, individually or jointly, are ments only to the extent expressly provided cated to a State under this section shall be not eligible, to receive assistance under sec- for in this Act (unless such loans are in sup- used to carry out eligible activities within tion 8 of the United States Housing Act of port of other forms of assistance provided for the portion of the metropolitan statistical 1937 (42 U.S.C. 1437f). in this or prior appropriations Acts), except area located in that State. (b) For purposes of determining the eligi- that this proviso shall not apply to the mort- SEC. 312. The Department of Housing and bility of a person to receive assistance under gage insurance or guaranty operations of Urban Development shall submit the Depart- section 8 of the United States Housing Act of these corporations, or where loans or mort- ment’s fiscal year 2007 congressional budget 1937 (42 U.S.C. 1437f), any financial assistance gage purchases are necessary to protect the justifications to the Committees on Appro- (in excess of amounts received for tuition) financial interest of the United States Gov- priations of the House of Representatives that an individual receives under the Higher ernment. and the Senate using the identical structure Education Act of 1965 (20 U.S.C. 1001 et seq.), SEC. 309. None of the funds provided in this provided under this Act and only in accord- from private sources, or an institution of title for technical assistance, training, or ance with the direction specified in the re- higher education (as defined under the High- management improvements may be obli- port accompanying this Act. er Education Act of 1965 (20 U.S.C. 1002)),

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.073 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3865 shall be considered income to that indi- (iii) by striking ‘‘48 percent’’ and inserting Loan Mortgage Corporation Act for a 1-fam- vidual, except for a person over the age of 23 ‘‘65 percent’’; and ily residence’’; and with dependent children. (2) by striking subparagraph (B) and insert- (2) in subsection (i)(1)(C), by striking ‘‘lim- (c) Not later than 30 days after the date of ing the following: itations’’ and inserting ‘‘limitation’’. enactment of this Act, the Secretary of ‘‘(B) not to exceed the appraised value of (e) The Secretary of Housing and Urban Housing and Urban Development shall issue the property, plus any initial service Development shall by notice establish any final regulations to carry out the provisions charges, appraisal, inspection and other fees additional requirements that may be nec- of this section. in connection with the mortgage as approved essary to immediately carry out the provi- SEC. 320. The Secretary of Housing and by the Secretary.’’; sions of this section. The notice shall take Urban Development shall give priority con- (b) Paragraph (9) of section 203(b) of the effect upon issuance. sideration to applications from the housing National Housing Act (12 U.S.C. 1709(b)(9) is (f) In addition to amounts otherwise made authorities of the Counties of San amended by striking the paragraph designa- available by this Act, $10,000,000 for adminis- Bernardino and Santa Clara and the City of tion and all that follows through ‘‘Provided trative contract expenses, including amounts San Jose, California to participate in the further, That for’’ and inserting the fol- to be transferred to the Working Capital Moving to Work Demonstration Agreement lowing: Fund, for Federal Housing Administration under section 204, title V, of the Omnibus ‘‘(9) Be executed by a mortgagor who shall program and systems development for single Consolidated Rescissions and Appropriations have paid on account of the property, in cash family mortgage insurance. Act of 1996 (Public Law 104–134, April 26, or its equivalent, an amount, if any, as the SEC. 326. Notwithstanding any other provi- 1996): Provided, That upon turnover, existing Secretary may determine based on factors sion of law, the cities of Alton, Illinois, and requirements on the re-issuance of Section 8 determined by the Secretary and commensu- Granite City, Illinois, shall be considered vouchers shall be maintained to ensure that rate with the likelihood of default. For’’. metropolitan cities, for purposes of title I of not less than 75 percent of all vouchers shall (c) Section 203(c) of the National Housing the Housing and Community Development be made available to extremely low-income Act (12 U.S.C. 1709(c)) is amended— Act of 1974 (42 U.S.C. 5301 et seq.), for a pe- families. (1) in paragraph (2), in the matter pre- riod of time not less than the time period SEC. 321. The Secretary of Housing and ceding subparagraph (A), by striking ‘‘Not- covered by the enactment of this Act and the Urban Development may, notwithstanding withstanding’’ and inserting ‘‘Except as pro- any other provision of law, approve addi- implementation of modifications pursuant to vided in paragraph (3) and notwithstanding’’; the 2010 decennial census. tional Moving to Work Demonstration and AMENDMENT OFFERED BY MS. WATERS Agreements, which are entered into between (2) by adding at the end the following new a public housing agency and the Secretary paragraph: Ms. WATERS. Mr. Chairman, I offer under section 204, title V, of the Omnibus ‘‘(3) FLEXIBLE RISK-BASED PREMIUMS.— an amendment. Consolidated Rescissions and Appropriations ‘‘(A) IN GENERAL.—For any mortgage in- The Acting CHAIRMAN. The Clerk Act of 1996 (Public Law 104–134, April 26, sured by the Secretary under this title that will designate the amendment. 1996), but at no time may the number of ac- is secured by a 1- to 4-family dwelling and for The text of the amendment is as fol- tive Moving to Work Demonstration Agree- which the loan application is received by the lows: ments exceed 32. mortgagor on or after October 1, 2006, the Amendment offered by Ms. WATERS: SEC. 322. For fiscal year 2007 and every fis- Secretary may establish a mortgage insur- cal year thereafter any obligated balances of Page 134, after line 8, insert the following ance premium structure involving a single new section: contract authority or any obligated balances premium payment collected prior to the in- derived from contract authority from fiscal SEC. 327. For the cost of guaranteed loans, surance of the mortgage or periodic pay- as authorized by section 108 of the Housing year 1974 and prior years shall be deobligated ments, or both, without regard to any max- and cancelled upon contract expiration or and Community Development Act of 1974, imum or minimum premium amounts set and the amount otherwise provided in this termination. forth in this subsection. The rate of premium SEC. 323. Notwithstanding any other provi- title for ‘‘MANAGEMENT AND ADMINISTRA- for such a mortgage may vary during the sion of law, in fiscal year 2007, in managing TION—SALARIES AND EXPENSES’’ is hereby re- mortgage term as long as the basis for deter- and disposing of any multifamily property duced by, $2,970,000. mining the variable rate is established be- that is owned or held by the Secretary and is Mr. SWEENEY. Mr. Chairman, I re- occupied primarily by elderly or disabled fore the execution of the mortgage. The Sec- retary may change a premium structure es- serve a point of order. families, the Secretary of Housing and Urban The Acting CHAIRMAN. A point of Development shall maintain any rental as- tablished under this subparagraph but only sistance payments under section 8 of the to the extent that such change is not applied order is reserved. United States Housing Act of 1937 that are to any mortgage already executed. Pursuant to the order of the House of attached to any dwelling units in the prop- ‘‘(B) ESTABLISHMENT AND ALTERATION OF today, the gentlewoman from Cali- erty. To the extent the Secretary determines PREMIUM STRUCTURE.—A premium structure fornia (Ms. WATERS) and a Member op- that such a multifamily property owned or shall be established or changed under sub- posed each will control 5 minutes. held by the Secretary is not feasible for con- paragraph (A) only by providing notice to The Chair recognizes the gentle- tinued rental assistance payments under mortgagees and to the Congress, at least 30 days before the premium structure is estab- woman from California. such section 8, the Secretary may, in con- Ms. WATERS. Mr. Chairman, I would sultation with the tenants of that property, lished or changed. like to thank Chairman KNOLLENBERG, contract for project-based rental assistance ‘‘(C) CONSIDERATIONS FOR PREMIUM STRUC- payments with an owner or owners of other TURE.—When establishing a premium struc- as well as Ranking Member JOHN existing housing properties or provide other ture under subparagraph (A) or when chang- OLVER for their hard work on this bill, rental assistance. ing such a premium structure, the Secretary H.R. 5576. SEC. 324. None of the funds appropriated or shall consider the following: The purpose of my amendment is to otherwise made available by this Act or any ‘‘(i) The effect of the proposed premium restore funding of $2.97 million to the other Act may be used to develop or impose structure on the Secretary’s ability to meet section 108 loan guarantee program off- the operational goals of the Mutual Mort- policies or procedures, including an account set from the Salaries and Expenses Ac- structure, that subjects the Government Na- gage Insurance Fund as provided in section tional Mortgage Association to the require- 202(a). count for the Department. ments of the Federal Credit Reform Act of ‘‘(ii) Underwriting variables. The program is designed to leverage 1990 (2 U.S.C. 661 et seq.). This section shall ‘‘(iii) The extent to which new pricing economic and community development not be construed to exempt that entity from under the proposed premium structure has project activities. While the adminis- credit subsidy budgeting or from budget potential for acceptance in the private mar- tration supports this consolidation of presentation requirements previously adopt- ket. this program, consolidation is a short- ed. ‘‘(iv) The administrative capability of the cut to eliminate the section 108 loan SEC. 325. (a) Paragraph (2) of section 203(b) Secretary to administer the proposed pre- of the National Housing Act (12 U.S.C. mium structure. guarantee program. 1709(b)(2)) is amended— ‘‘(v) The effect of the proposed premium Mr. Chairman and Members, many (1) in subparagraph (A)— structure on the Secretary’s ability to main- districts have benefited from the sec- (A) by striking the subparagraph designa- tain the availability of mortgage credit and tion 108 loan guarantee program. I dis- tion and all that follows through the end of provide stability to mortgage markets.’’. covered this program in law some 12 clause (i) and inserting the following: (d) Section 255 of the National Housing Act years ago. At that time, it was scored ‘‘(A) not to exceed the lesser of— (12 U.S.C. 1715z–20) is amended— and it was basically guaranteed by ‘‘(i) the median house price in the area, as (1) in subsection (g)— CDBG funds. Section 108 loan guar- determined by the Secretary; or’’; (A) by striking the first sentence; and (B) in clause (ii)— (B) by striking ‘‘established under section antee funds evolved to the point where (i) by striking ‘‘87 percent of’’; 203(b)(2)’’ and all that follows through ‘‘lo- many cities were using them for eco- (ii) by striking ‘‘for Fiscal Year’’ and in- cated’’ and inserting ‘‘limitation established nomic development projects that cre- serting a comma; and under section 305(a)(2) of the Federal Home ated jobs and converted old town

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.073 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3866 CONGRESSIONAL RECORD — HOUSE June 13, 2006 projects into real vibrant, vital eco- b 2015 economic development funds. And, nomic engines for those cities. As a matter of fact, it is my under- therefore, there is no reason to have a This is an important program. With standing that the program indeed is separate set-aside of funds, as is pro- this program we are able not only to authorized. It is couched in something posed here in this amendment. In fact, create jobs and to spur economic devel- called consolidation, which means that in this bill we have added $1 billion in opment, this is what you call a real in- it really is authorized, and I would CDBG funds for the fiscal year. So vestment in our cities and our towns, challenge the gentleman on the oppo- there will be plenty of opportunities both in the urban communities and in site side of the aisle for thinking or for States to do exactly as the gentle- the rural communities. This is the kind saying that this is an unauthorized woman calls for, and we believe that is of investment that will help to get peo- program. And if that is his reason for the best way the program should be ple off welfare, get people working, cre- objecting to the program, I would ask run. ate new business opportunities, and that you certainly make a ruling based With that, I urge my colleagues to help to grow these areas in these cities on the facts and we could move forward vote ‘‘no.’’ and these communities. with including funding for this pro- Mr. Chairman, I yield back the bal- It is beyond my understanding why gram to make sure that it is retained. ance of my time. an investment program that is de- The Acting CHAIRMAN (Mr. GOOD- The Acting CHAIRMAN. The ques- signed to create jobs, designed to help LATTE). Does any other Member wish to tion is on the amendment offered by cities grow and develop would be con- be heard on the point of order? the gentlewoman from California (Ms. solidated or would be placed at risk. Mr. SWEENEY. Mr. Chairman, I WATERS). If you talk with many of the Mem- withdraw the point of order, and I will The question was taken; and the Act- bers of this Congress, you will find that reserve the time in opposition. ing Chairman announced that the ayes they do not know that the section 108 The Acting CHAIRMAN. The gen- appeared to have it. program is in jeopardy. I was just look- tleman from New York withdraws the Mr. SWEENEY. Mr. Chairman, I de- ing at a program in the western part of point of order and will control the time mand a recorded vote. L.A. County, a gateway retail project in opposition. The Acting CHAIRMAN. Pursuant to that got $8 million in section 108 loan Ms. WATERS. Mr. Chairman, I yield clause 6 of rule XVIII, further pro- guarantees and a $2 million BEDI myself such time as I may consume. ceedings on the amendment offered by grant. These funds were used to con- Mr. Chairman, as I have stated, this the gentlewoman from California will vert an old car wash into a retail cen- is an economic development program be postponed. ter that created 750 jobs in that com- that has served our country well. As I Mr. OLVER. Mr. Chairman, I move to munity. just took a look at the number of cities strike the last word. Many communities have relied on the that have benefited from this program, I yield to my colleague from Massa- section 108 loan guarantee program, I have hundreds of cities that have ben- chusetts (Mr. FRANK) who may have not only to spur economic develop- efited from this program all over the two things to speak about at this ment, but they know they could never country. This will be traumatic to all point. Mr. FRANK of Massachusetts. Mr. otherwise undertake this kind of activ- of a sudden pull the rug out from under Chairman, I thank the ranking member ity. Section 108 is a complement to a program that creates investment in of the subcommittee for yielding. many of the other economic develop- cities and towns all over America, that I was hoping to be able to offer an ment tools that are available to dis- is helping them not only to create jobs amendment, but we ran into a CBO tressed communities around the coun- but to create opportunities for small scoring problem and I was told that try. As such, I would urge you to sup- businesses, to redo dilapidated areas, therefore it would not be supported. I port this amendment as one tool that to create new possibilities with these deeply regret this. will be made available to communities old towns that are being developed, to There is in this bill a very good set of like mine, as well as yours, to facili- take these old dilapidated buildings provisions in general, expanding the tate their economic development strat- and turn them into productive centers. ability of the FHA to be responsive. It egies. I do not think that perhaps my col- came from work we did in the author- Mr. Chairman, I reserve the balance league on the opposite side of the aisle izing committee. Frankly, I was sur- of my time. realizes the damage he may be causing prised to see it plucked in part from The Acting CHAIRMAN. Does the even to his own area. And just as perhaps he thought it was not authorized the authorizing version and stuck into gentleman from New York insist upon this bill. It is authorizing language. On his point of order? when it really is, I would ask him to take a second look and not object to the whole it is a good thing. The Ap- Mr. SWEENEY. Yes, I do, Mr. Chair- propriations Committee took from the man. this program. Mr. FRANK of Massachusetts. Mr. authorizing committee much of what POINT OF ORDER Chairman, will the gentlewoman yield? we did, but they did not take every- Mr. SWEENEY. I will make the point Ms. WATERS. I yield to the gen- thing. Now, they are entitled, obvi- order against the amendment because tleman from Massachusetts. ously, to pick and choose, but there is it provides an appropriation for an un- Mr. FRANK of Massachusetts. Mr. one grave omission here. One of the authorized program and therefore vio- Chairman, I thank the gentlewoman things this bill will do will be to give lates clause 2 of rule XXI. Clause 2 of for her leadership. She has been a con- the FHA the authority the ability to rule XXI states in pertinent part: ‘‘An sistent leader in helping cities’ eco- extend loans to people who might be of appropriation may not be in order as nomic development. I want to point lower credit risk. That is, it will try to an amendment for an expenditure not out this seems to me a particularly odd help get to people who might not have previously authorized by law.’’ thing to do. Cities which use this are been able to get loans by stricter Mr. Chairman, the amendment pro- not getting additional funding. They standards. That is a good thing. And it poses to appropriate funds for a pro- pay it back. says that those people will have to pay gram that is not authorized. The The Acting CHAIRMAN. The time of a higher upfront fee. It could be as amendment, therefore, violates clause the gentlewoman from California has much as double, from 1.5 percent to 3 2 of rule XXI. expired. percent of the loan, and they will also I ask for a ruling on the point of Mr. SWEENEY. Mr. Chairman, I rise be forced to pay a higher fee going for- order. in opposition to the amendment, and I ward. With people who are just starting The Acting CHAIRMAN. Does the would urge my colleagues to do so. out, I will accept the need to do that. gentlewoman from California wish to The Acting CHAIRMAN. The gen- What my amendment would have ac- be heard on the point of order? tleman from New York is recognized complished, and it was something we Ms. WATERS. Yes, Mr. Chairman. for 5 minutes. were ready to do in the authorizing On the point of order, I would object Mr. SWEENEY. Mr. Chairman, I will process and we lost the ability to do to the characterization of this program make these very quick points: First, that, it was to say that a low income as unauthorized. that section 108 is an eligible use of borrower, a borrower with some credit

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.188 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3867 risk, who was meeting his or her obli- only the price of their own home but In addition, for expenses of the United gations after a period of 5 years would they are going to be saddled with the States Court of Federal Claims associated be eligible to get back the extra price of other people in their income with processing cases under the National money. In other words, without that level and their credit rating level who Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed $3,952,000, to be ap- provision the Federal Government is default. propriated from the Vaccine Injury Com- going to be something of a predatory That is an inappropriate thing for pensation Trust Fund. lender. It will lend money to the lower the Federal Government to do. And DEFENDER SERVICES income people with the higher credit while I accept the fact that I cannot For the operation of Federal Defender or- risk and charge them more for that get this accepted now, I hope we can ganizations; the compensation and reim- loan. Now, as a starting point that talk about this. bursement of expenses of attorneys ap- might be a reasonable idea. But once a By the way, the overall bill will raise pointed to represent persons under the borrower in that category, having bor- money for the Federal Government. Criminal Justice Act of 1964, as amended (18 rowed the money, has demonstrated This would simply reduce it by a small U.S.C. 3006A); the compensation and reim- over 5 years a capacity and willingness amount. That is the least we can do for bursement of expenses of persons furnishing to make the payments, why does the low income people. investigative, expert and other services Federal Government continue to penal- The Acting CHAIRMAN. The Clerk under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in ac- ize that person? will read. cordance with Criminal Justice Act maxi- People have said, well, there might The Clerk read as follows: mums) and reimbursement of expenses of at- be some losses here. If there are losses, This title may be cited as the ‘‘Department torneys appointed to assist the court in why should the responsible low income of Housing and Urban Development Act, criminal cases where the defendant has borrower be forced to bear all that 2007’’. waived representation by counsel; the com- cost? Why should that not be shared TITLE IV pensation and reimbursement of travel expenses of guardians ad litem acting on behalf among all the borrowers? Why should THE JUDICIARY of financially eligible minor or incompetent the cost of paying for those loans that SUPREME COURT OF THE UNITED STATES may default, a small percentage but offenders in connection with transfers from SALARIES AND EXPENSES the United States to foreign countries with there will still be some, why should For expenses necessary for the operation of which the United States has a treaty for the that not go for everybody? the Supreme Court, as required by law, ex- execution of penal sentences; the compensa- So right now if you are getting the cluding care of the building and grounds, in- tion of attorneys appointed to represent ju- maximum FHA loan, it is irrelevant to cluding purchase or hire, driving, mainte- rors in civil actions for the protection of you if these people default. We are nance, and operation of an automobile for their employment, as authorized by 28 U.S.C. making the poor pay for the poor. You the Chief Justice, not to exceed $10,000 for 1875(d); and for necessary training and gen- are making in this a predatory lender the purpose of transporting Associate Jus- eral administrative expenses, $750,033,000, to of the Federal Government. Without tices, and hire of passenger motor vehicles as remain available until expended. the amendment that I was told would authorized by 31 U.S.C. 1343 and 1344; not to FEES OF JURORS AND COMMISSIONERS not be accepted, so I will not push it exceed $10,000 for official reception and rep- For fees and expenses of jurors as author- resentation expenses; and for miscellaneous ized by 28 U.S.C. 1871 and 1876; compensation here, low income people who borrow expenses, to be expended as the Chief Justice money from the FHA will be charged of jury commissioners as authorized by 28 may approve, $63,405,000, of which $2,000,000 U.S.C. 1863; and compensation of commis- more upfront, they will be charged shall remain available until expended. sioners appointed in condemnation cases more going forward, and no matter how CARE OF THE BUILDING AND GROUNDS pursuant to rule 71A(h) of the Federal Rules well they meet their obligations, no For such expenditures as may be necessary of Civil Procedure (28 U.S.C. Appendix Rule matter how responsible they are, they to enable the Architect of the Capitol to 71A(h)), $63,079,000, to remain available until will continue to pay more for the loan. carry out the duties imposed upon the Archi- expended: Provided, That the compensation The poor pay more under this bill. And tect by the Act approved May 7, 1934 (40 of land commissioners shall not exceed the what the CBO said as well, there is a U.S.C. 13a–13b), $12,959,000, which shall re- daily equivalent of the highest rate payable certain element of subsidy here for the main available until expended. under section 5332 of title 5, United States Code. low income borrowers, and this would UNITED STATES COURT OF APPEALS FOR THE increase the subsidy. That is right, for FEDERAL CIRCUIT COURT SECURITY the low income borrowers. SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) I do think it is worth to trying to For salaries of the chief judge, judges, and For necessary expenses, not otherwise pro- reach out to the lower income people, other officers and employees, and for nec- vided for, incident to the provision of protec- and I understand this means that some essary expenses of the court, as authorized tive guard services for United States court- will default, but I do not understand by law, $26,000,000. houses and other facilities housing Federal court operations, and the procurement, in- UNITED STATES COURT OF INTERNATIONAL why one low income individual or 10 or stallation, and maintenance of security sys- TRADE 20 low income individuals who meet tems and equipment for United States court- their obligation ought to be the ones SALARIES AND EXPENSES houses and other facilities housing Federal who bear the burden for those who do For salaries of the chief judge and eight court operations, including building ingress- not. Now, as I said, I understand, be- judges, salaries of the officers and employees egress control, inspection of mail and pack- cause CBO said it was going to score it of the court, services, and necessary ex- ages, directed security patrols, perimeter se- negatively, I was not going to be able penses of the court, as authorized by law, curity, basic security services provided by $16,182,000. to get it adopted. But I hope, to the the Federal Protective Service, and other similar activities as authorized by section committee, that this will not be the COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES 1010 of the Judicial Improvement and Access end of it. to Justice Act (Public Law 100–702), SALARIES AND EXPENSES Please, we are talking, Mr. Chair- $400,334,000, of which not to exceed $15,000,000 man, about ending predatory lending. For the salaries of circuit and district shall remain available until expended, to be Without the language I was talking judges (including judges of the territorial expended directly or transferred to the about, we, the Federal Government, be- courts of the United States), justices and United States Marshals Service, which shall judges retired from office or from regular ac- be responsible for administering the Judicial come an entity that charges you more tive service, judges of the United States if you are poor than if you are wealthy, Facility Security Program consistent with Court of Federal Claims, bankruptcy judges, standards or guidelines agreed to by the Di- that charges you more if you are in the magistrate judges, and all other officers and rector of the Administrative Office of the low income bracket because you are employees of the Federal Judiciary not oth- United States Courts and the Attorney Gen- asked to shoulder the burden of people erwise specifically provided for, and nec- eral. essary expenses of the courts, as authorized in the same bracket who will default. ADMINISTRATIVE OFFICE OF THE UNITED by law, $4,556,114,000 (including the purchase That is unworthy of us. It also, of STATES COURTS course, retards the very purpose of the of firearms and ammunition); of which not to exceed $27,817,000 shall remain available SALARIES AND EXPENSES bill because you say you want to ex- until expended for space alteration projects For necessary expenses of the Administra- pand home ownership by reaching out and for furniture and furnishings related to tive Office of the United States Courts as au- to people and then you charge them new space alteration and construction thorized by law, including travel as author- more because they have to pay not projects. ized by 31 U.S.C. 1345, hire of a passenger

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.192 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3868 CONGRESSIONAL RECORD — HOUSE June 13, 2006 motor vehicle as authorized by 31 U.S.C. fice of district judge in the district of Kansas not to exceed $1,500 is for official reception 1343(b), advertising and rent in the District occurring 20 years or more after the con- and representation expenses; for the District of Columbia and elsewhere, $73,800,000, of firmation date of the judge named to fill the of Columbia Court System, $46,653,000, of which not to exceed $8,500 is authorized for temporary judgeship created for such dis- which not to exceed $1,500 is for official re- official reception and representation ex- trict under this subsection, shall not be ception and representation expenses; and penses. filled.’’. $73,929,000, to remain available until Sep- FEDERAL JUDICIAL CENTER This title may be cited as ‘‘The Judiciary tember 30, 2008, for capital improvements for Appropriations Act, 2007’’. District of Columbia courthouse facilities: SALARIES AND EXPENSES TITLE V Provided, That notwithstanding any other For necessary expenses of the Federal Ju- provision of law, a single contract or related DISTRICT OF COLUMBIA dicial Center, as authorized by Public Law contracts for development and construction 90–219, $23,500,000; of which $1,800,000 shall re- FEDERAL FUNDS of facilities may be employed which collec- main available through September 30, 2008, FEDERAL PAYMENT FOR RESIDENT TUITION tively include the full scope of the project: to provide education and training to Federal SUPPORT Provided further, That the solicitation and court personnel; and of which not to exceed For a Federal payment to the District of contract shall contain the clause ‘‘avail- $1,500 is authorized for official reception and Columbia, to be deposited into a dedicated ability of Funds’’ found at 48 CFR 52.232–18: representation expenses. account, for a nationwide program to be ad- Provided further, That funds made available JUDICIAL RETIREMENT FUNDS ministered by the Mayor, for District of Co- for capital improvements shall be expended PAYMENT TO JUDICIARY TRUST FUNDS lumbia resident tuition support, $35,100,000, consistent with the General Services Admin- For payment to the Judicial Officers’ Re- to remain available until expended: Provided, istration master plan study and building tirement Fund, as authorized by 28 U.S.C. That such funds, including any interest ac- evaluation report: Provided further, That not- 377(o), $54,000,000; to the Judicial Survivors’ crued thereon, may be used on behalf of eli- withstanding any other provision of law, all Annuities Fund, as authorized by 28 U.S.C. gible District of Columbia residents to pay amounts under this heading shall be appor- 376(c), $800,000; and to the United States an amount based upon the difference be- tioned quarterly by the Office of Manage- Court of Federal Claims Judges’ Retirement tween in-State and out-of-State tuition at ment and Budget and obligated and expended Fund, as authorized by 28 U.S.C. 178(l), public institutions of higher education, or to in the same manner as funds appropriated $3,500,000. pay up to $2,500 each year at eligible private for salaries and expenses of other Federal agencies, with payroll and financial services UNITED STATES SENTENCING COMMISSION institutions of higher education: Provided further, That the awarding of such funds may to be provided on a contractual basis with SALARIES AND EXPENSES be prioritized on the basis of a resident’s aca- the General Services Administration (GSA), For the salaries and expenses necessary to demic merit, the income and need of eligible and such services shall include the prepara- carry out the provisions of chapter 58 of title students and such other factors as may be tion of monthly financial reports, copies of 28, United States Code, $15,500,000, of which authorized: Provided further, That the Dis- which shall be submitted directly by GSA to not to exceed $1,000 is authorized for official trict of Columbia government shall maintain the President and to the Committees on Ap- reception and representation expenses. a dedicated account for the Resident Tuition propriations of the House of Representatives ADMINISTRATIVE PROVISIONS—THE JUDICIARY Support Program that shall consist of the and Senate, the Committee on Government (INCLUDING TRANSFER OF FUNDS) Federal funds appropriated to the Program Reform of the House of Representatives, and the Committee on Homeland Security and SEC. 401. Appropriations and authoriza- in this Act and any subsequent appropria- Governmental Affairs of the Senate: Provided tions made in this title which are available tions, any unobligated balances from prior further, That 30 days after providing written for salaries and expenses shall be available fiscal years, and any interest earned in this notice to the Committees on Appropriations for services as authorized by 5 U.S.C. 3109. or any fiscal year: Provided further, That the of the House of Representatives and Senate, SEC. 402. Not to exceed 5 percent of any ap- account shall be under the control of the propriation made available for the current District of Columbia Chief Financial Officer, the District of Columbia Courts may reallo- fiscal year for the Judiciary in this Act may who shall use those funds solely for the pur- cate not more than $1,000,000 of the funds be transferred between such appropriations, poses of carrying out the Resident Tuition provided under this heading among the items but no such appropriation, except ‘‘Courts of Support Program: Provided further, That the and entities funded under this heading for Appeals, District Courts, and Other Judicial Office of the Chief Financial Officer shall operations, and not more than 4 percent of Services, Defender Services’’ and ‘‘Courts of provide a quarterly financial report to the the funds provided under this heading for fa- Appeals, District Courts, and Other Judicial Committees on Appropriations of the House cilities. Services, Fees of Jurors and Commis- of Representatives and Senate for these DEFENDER SERVICES IN DISTRICT OF COLUMBIA sioners’’, shall be increased by more than 10 funds showing, by object class, the expendi- COURTS percent by any such transfers: Provided, That tures made and the purpose therefor: Pro- For payments authorized under section 11– any transfer pursuant to this section shall be vided further, That not more than $1,200,000 of 2604 and section 11–2605, D.C. Official Code treated as a reprogramming of funds under the total amount appropriated for this pro- (relating to representation provided under sections 805 and 810 of this Act and shall not gram may be used for administrative ex- the District of Columbia Criminal Justice be available for obligation or expenditure expenses. Act), payments for counsel appointed in pro- cept in compliance with the procedures set FEDERAL PAYMENT FOR EMERGENCY PLANNING ceedings in the Family Court of the Superior forth in that section. AND SECURITY COSTS IN THE DISTRICT OF CO- Court of the District of Columbia under SEC. 403. Notwithstanding any other provi- LUMBIA chapter 23 of title 16, D.C. Official Code, or sion of law, the salaries and expenses appro- For necessary expenses, as determined by pursuant to contractual agreements to propriation for ‘‘Courts of Appeals, District the Mayor of the District of Columbia in vide guardian ad litem representation, train- Courts, and Other Judicial Services’’ shall be written consultation with the elected county ing, technical assistance and such other available for official reception and represen- or city officials of surrounding jurisdictions, services as are necessary to improve the tation expenses of the Judicial Conference of $8,533,000, to remain available until ex- quality of guardian ad litem representation, the United States: Provided, That such avail- pended, to reimburse the District of Colum- payments for counsel appointed in adoption able funds shall not exceed $11,000 and shall bia for the costs of providing public safety at proceedings under chapter 3 of title 16, D.C. be administered by the Director of the Ad- events related to the presence of the na- Code, and payments for counsel authorized ministrative Office of the United States tional capital in the District of Columbia under section 21–2060, D.C. Official Code (re- Courts in the capacity as Secretary of the and for the costs of providing support to relating to representation provided under the Judicial Conference. spond to immediate and specific terrorist District of Columbia Guardianship, Protec- SEC. 404. Within 90 days of enactment of threats or attacks in the District of Colum- tive Proceedings, and Durable Power of At- this Act, the Administrative Office of the bia or surrounding jurisdictions: Provided, torney Act of 1986), $43,475,000, to remain U.S. Courts shall submit to the Committees That any amount provided under this head- available until expended: Provided, That the on Appropriations a comprehensive financial ing shall be available only after such amount funds provided in this Act under the heading plan for the Judiciary allocating all sources has been apportioned pursuant to chapter 15 ‘‘Federal Payment to the District of Colum- of available funds including appropriations, of title 31, United States Code. bia Courts’’ (other than the $73,929,000 pro- fee collections, and carryover balances, to vided under such heading for capital im- DISTRICT OF COLUMBIA COURTS include a separate and detailed plan for the provements for District of Columbia court- Judiciary Information Technology fund. FEDERAL PAYMENT TO THE DISTRICT OF house facilities) may also be used for pay- SEC. 405. Section 203(c) of the Judicial Im- COLUMBIA COURTS ments under this heading: Provided further, provements Act of 1990 (Public Law 101–650; For salaries and expenses for the District That in addition to the funds provided under 28 U.S.C. 133 note), is amended— of Columbia Courts, $219,629,000, to be allo- this heading, the Joint Committee on Judi- (1) in the second sentence, by inserting cated as follows: for the District of Columbia cial Administration in the District of Colum- ‘‘the district of Kansas,’’ after ‘‘Except with Court of Appeals, $9,401,000, of which not to bia may use funds provided in this Act under respect to’’; and exceed $1,500 is for official reception and rep- the heading ‘‘Federal Payment to the Dis- (2) by inserting after the second sentence resentation expenses; for the District of Co- trict of Columbia Courts’’ (other than the the following: ‘‘The first vacancy in the of- lumbia Superior Court, $89,646,000, of which $73,929,000 provided under such heading for

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.077 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3869 capital improvements for District of Colum- any other provision of law, all amounts funds, $175,292,000 shall be derived from the bia courthouse facilities), to make payments under this heading shall be apportioned District’s general fund balance: Provided fur- described under this heading for obligations quarterly by the Office of Management and ther, That of these funds the District’s incurred during any fiscal year: Provided fur- Budget and obligated and expended in the intradistrict authority shall be $523,004,000: ther, That funds provided under this heading same manner as funds appropriated for sala- Provided further, That in addition for capital shall be administered by the Joint Com- ries and expenses of other Federal agencies. construction projects there is appropriated mittee on Judicial Administration in the FEDERAL PAYMENT TO THE DISTRICT OF an increase of $2,400,757,000, of which District of Columbia: Provided further, That COLUMBIA WATER AND SEWER AUTHORITY $1,756,306,000 shall be from local funds, notwithstanding any other provision of law, $54,281,000 from Highway Trust funds, For a Federal payment to the District of this appropriation shall be apportioned quar- $52,000,000 from the Local Street Mainte- terly by the Office of Management and Budg- Columbia Water and Sewer Authority, nance fund, $15,000,000 from revenue bonds, et and obligated and expended in the same $7,000,000, to remain available until ex- $18,200,000 from Certificates of Participation manner as funds appropriated for expenses of pended, to continue implementation of the financing, $63,000,000 from financing for con- other Federal agencies, with payroll and fi- Combined Sewer Overflow Long-Term Plan: struction of a baseball stadium, $229,970,000 nancial services to be provided on a contrac- Provided, That the District of Columbia from Federal grant funds, and a rescission of tual basis with the General Services Admin- Water and Sewer Authority provides a 100 $65,859,000 from local funds appropriated istration (GSA), and such services shall in- percent match for this payment. under this heading in prior years, for a net clude the preparation of monthly financial FEDERAL PAYMENT TO THE CRIMINAL JUSTICE amount of $2,334,898,000, to remain available reports, copies of which shall be submitted COORDINATING COUNCIL until expended: Provided further, That the directly by GSA to the President and to the For a Federal payment to the Criminal amounts provided under this heading are to Committees on Appropriations of the House Justice Coordinating Council, $1,300,000, to be subject to the provisions of and allocated of Representatives and Senate, the Com- remain available until expended, to support and expended as proposed under ‘‘Title II— mittee on Government Reform of the House initiatives related to the coordination of District of Columbia Funds’’ of the Fiscal of Representatives, and the Committee on Federal and local criminal justice resources Year 2007 Proposed Budget and Financial Homeland Security and Governmental Af- in the District of Columbia. Plan submitted to the Congress of the United fairs of the Senate. States by the District of Columbia in June FEDERAL PAYMENT TO THE OFFICE OF THE 2006: Provided further, That this amount may FEDERAL PAYMENT TO THE COURT SERVICES CHIEF FINANCIAL OFFICER OF THE DISTRICT be increased by proceeds of one-time trans- AND OFFENDER SUPERVISION AGENCY FOR OF COLUMBIA THE DISTRICT OF COLUMBIA actions, which are expended for emergency For a Federal payment to the Office of the For salaries and expenses, including the or unanticipated operating or capital needs: Chief Financial Officer of the District of Co- Provided further, That such increases shall be transfer and hire of motor vehicles, of the lumbia, $5,000,000: Provided, That these funds Court Services and Offender Supervision approved by enactment of local District law shall be available for the projects and in the and shall comply with all reserve require- Agency for the District of Columbia and the amounts specified in the Statement of the Public Defender Service for the District of ments contained in the District of Columbia Managers on the conference report accom- Home Rule Act as amended by this Act: Pro- Columbia, as authorized by the National panying this Act: Provided further, That each Capital Revitalization and Self-Government vided further, That the Chief Financial Offi- entity that receives funding under this head- cer of the District of Columbia shall take Improvement Act of 1997, $181,653,000, of ing shall submit to the Office of the Chief Fi- which not to exceed $2,000 is for official re- such steps as are necessary to assure that nancial Officer of the District of Columbia the District of Columbia meets these re- ceptions and representation expenses related (CFO) a budget and a report on the activities to Community Supervision and Pretrial quirements, including the apportioning by to be carried out with such funds no later the Chief Financial Officer of the appropria- Services Agency programs; of which not to than March 15, 2007, and the CFO shall sub- tions and funds made available to the Dis- exceed $25,000 is for dues and assessments remit a comprehensive report to the Commit- trict during fiscal year 2007, except that the lating to the implementation of the Court tees on Appropriations of the House of Rep- Chief Financial Officer may not reprogram Services and Offender Supervision Agency resentatives and the Senate no later than for operating expenses any funds derived Interstate Supervision Act of 2002; of which June 1, 2007. from bonds, notes, or other obligations not to exceed $400,000 for the Community Su- issued for capital projects. pervision program and $160,000 for the Pre- FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT trial Services program, both to remain avail- For a Federal payment for a school im- GENERAL PROVISIONS able until September 30, 2008, are for Infor- provement program in the District of Colum- (INCLUDING TRANSFER OF FUNDS) mation Technology infrastructure enhance- bia, $40,800,000, to be allocated as follows: for SEC. 501. Whenever in this Act, an amount ment acquisitions; of which $135,457,000 shall the District of Columbia Public Schools, is specified within an appropriation for par- be for necessary expenses of Community Su- $13,000,000 to improve public school edu- ticular purposes or objects of expenditure, pervision and Sex Offender Registration, to cation in the District of Columbia; for the such amount, unless otherwise specified, include expenses relating to the supervision State Education Office, $13,000,000 to expand shall be considered as the maximum amount of adults subject to protection orders or the quality public charter schools in the District that may be expended for said purpose or ob- provision of services for or related to such of Columbia, to remain available until Sep- ject rather than an amount set apart exclu- persons; of which $46,196,000 shall be avail- tember 30, 2008; for the Secretary of the De- sively therefor. able to the Pretrial Services Agency: Pro- partment of Education, $14,800,000 to provide SEC. 502. Appropriations in this Act shall vided, That notwithstanding any other provi- opportunity scholarships for students in the be available for expenses of travel and for sion of law, all amounts under this heading District of Columbia in accordance with divi- the payment of dues of organizations con- shall be apportioned quarterly by the Office sion C, title III of the District of Columbia cerned with the work of the District of Co- of Management and Budget and obligated Appropriations Act, 2004 (Public Law 108–199; lumbia government, when authorized by the and expended in the same manner as funds 118 Stat. 126), of which up to $1,800,000 may Mayor, or, in the case of the Council of the appropriated for salaries and expenses of be used to administer and fund assessments. District of Columbia, funds may be expended with the authorization of the Chairman of other Federal agencies: Provided further, DISTRICT OF COLUMBIA FUNDS That the Director is authorized to accept the Council. The following amounts are appropriated SEC. 503. There are appropriated from the and use gifts in the form of in-kind contribu- for the District of Columbia for the current applicable funds of the District of Columbia tions of space and hospitality to support of- fiscal year out of the general fund of the Dis- such sums as may be necessary for making fender and defendant programs, and equip- trict of Columbia, except as otherwise spe- refunds and for the payment of legal settlement and vocational training services to cifically provided: Provided, That notwith- ments or judgments that have been entered educate and train offenders and defendants: standing any other provision of law, except against the District of Columbia govern- Provided further, That the Director shall keep as provided in section 450A of the District of ment. accurate and detailed records of the accept- Columbia Home Rule Act (D.C. Official Code, SEC. 504. (a) Except as provided in sub- ance and use of any gift or donation under section 1–204.50a) and provisions of this Act, section (b), no part of this appropriation the previous proviso, and shall make such the total amount appropriated in this Act shall be used for publicity or propaganda records available for audit and public inspec- for operating expenses for the District of Co- purposes or implementation of any policy in- tion: Provided further, That the Court Serv- lumbia for fiscal year 2007 under this heading cluding boycott designed to support or defeat ices and Offender Supervision Agency Direc- shall not exceed the lesser of the sum of the legislation pending before Congress or any tor is authorized to accept and use reim- total revenues of the District of Columbia State legislature. bursement from the D.C. Government for for such fiscal year or $8,996,915,000 (of which (b) The District of Columbia may use local space and services provided on a cost reim- $5,079,758,000 shall be from local funds, funds provided in this title to carry out lob- bursable basis. $2,011,321,000 shall be from Federal grant bying activities on any matter other than— FEDERAL PAYMENT TO DISTRICT OF COLUMBIA funds, $1,897,951,000 shall be from other funds, (1) the promotion or support of any boy- PUBLIC DEFENDER SERVICE and $7,885,000 shall be from private funds), in cott; or For salaries and expenses of the District of addition, $170,052,000 from funds previously (2) statehood for the District of Columbia Columbia Public Defender Service, appropriated in this Act as Federal pay- or voting representation in Congress for the $32,710,000: Provided, That notwithstanding ments: Provided further, That of the local District of Columbia.

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.077 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3870 CONGRESSIONAL RECORD — HOUSE June 13, 2006 (c) Nothing in this section may be con- shall apply with respect to any individual the Chief Financial Officer under paragraph strued to prohibit any elected official from employed in an appointive or elective posi- (1)(A). advocating with respect to any of the issues tion with the District of Columbia govern- (c) No amount may be obligated or ex- referred to in subsection (b). ment after December 7, 2004. pended from the general fund or other funds SEC. 505. (a) None of the funds provided SEC. 508. No later than 30 days after the of the District of Columbia government in under this title to the agencies funded by end of the first quarter of fiscal year 2007, anticipation of the approval or receipt of a this title, both Federal and District govern- the Mayor of the District of Columbia shall grant under subsection (b)(2) or in anticipa- ment agencies, that remain available for ob- submit to the Council of the District of Co- tion of the approval or receipt of a Federal, ligation or expenditure in fiscal year 2007, or lumbia and the Committees on Appropria- private, or other grant not subject to such provided from any accounts in the Treasury tions of the House of Representatives and subsection. of the United States derived by the collec- Senate the new fiscal year 2007 revenue esti- (d) The Chief Financial Officer of the Dis- tion of fees available to the agencies funded mates as of the end of such quarter. These trict of Columbia may adjust the budget for by this title, shall be available for obligation estimates shall be used in the budget request Federal, private, and other grants received or expenditures for an agency through a re- for fiscal year 2008. The officially revised es- by the District government reflected in the programming of funds which— timates at midyear shall be used for the mid- amounts appropriated in this title, or ap- (1) creates new programs; year report. proved and received under subsection (b)(2) (2) eliminates a program, project, or re- SEC. 509. No sole source contract with the to reflect a change in the actual amount of sponsibility center; District of Columbia government or any the grant. (3) establishes or changes allocations spe- agency thereof may be renewed or extended (e) The Chief Financial Officer of the Dis- cifically denied, limited or increased under without opening that contract to the com- trict of Columbia shall prepare a quarterly this Act; petitive bidding process as set forth in sec- report setting forth detailed information re- (4) increases funds or personnel by any tion 303 of the District of Columbia Procure- garding all Federal, private, and other means for any program, project, or responsi- ment Practices Act of 1985 (D.C. Law 6–85; grants subject to this section. Each such re- bility center for which funds have been de- D.C. Official Code, section 2–303.03), except port shall be submitted to the Council of the nied or restricted; that the District of Columbia government or District of Columbia, to the Committees on (5) reestablishes any program or project any agency thereof may renew or extend sole Appropriations of the House of Representa- previously deferred through reprogramming; source contracts for which competition is tives and Senate, not later than 15 days after (6) augments any existing program, not feasible or practical, but only if the de- the end of the quarter covered by the report. project, or responsibility center through a termination as to whether to invoke the SEC. 513. (a) Except as otherwise provided reprogramming of funds in excess of competitive bidding process has been made in this section, none of the funds made avail- $3,000,000 or 10 percent, whichever is less; or in accordance with duly promulgated rules able by this Act or by any other Act may be (7) increases by 20 percent or more per- and procedures and has been reviewed and used to provide any officer or employee of sonnel assigned to a specific program, certified by the Chief Financial Officer of the the District of Columbia with an official ve- project or responsibility center, unless in the District of Columbia. hicle unless the officer or employee uses the case of federal funds, the Committees on Ap- SEC. 510. None of the Federal funds pro- vehicle only in the performance of the offi- propriations of the House of Representatives vided in this Act may be used by the District cer’s or employee’s official duties. For pur- and Senate are notified in writing 15 days in of Columbia to provide for salaries, expenses, poses of this paragraph, the term ‘‘official advance of the reprogramming and in the or other costs associated with the offices of duties’’ does not include travel between the case of local funds, the Committees on Ap- United States Senator or United States Rep- officer’s or employee’s residence and work- propriations of the House of Representatives resentative under section 4(d) of the District place, except in the case of— and Senate are provided summary reports on of Columbia Statehood Constitutional Con- (1) an officer or employee of the Metropoli- April 1, 2007 and October 1, 2007, setting forth vention Initiatives of 1979 (D.C. Law 3–171; tan Police Department who resides in the detailed information regarding each such D.C. Official Code, section 1–123). District of Columbia or is otherwise des- local funds reprogramming conducted sub- SEC. 511. None of the Federal funds made ignated by the Chief of the Department; ject to this subsection. available in this Act may be used to imple- (2) at the discretion of the Fire Chief, an (b) None of the local funds contained in ment or enforce the Health Care Benefits Ex- officer or employee of the District of Colum- this Act may be available for obligation or pansion Act of 1992 (D.C. Law 9–114; D.C. Offi- bia Fire and Emergency Medical Services expenditure for an agency through a transfer cial Code, section 32–701 et seq.) or to other- Department who resides in the District of of any local funds in excess of $3,000,000 from wise implement or enforce any system of Columbia and is on call 24 hours a day or is one appropriation heading to another unless registration of unmarried, cohabiting cou- otherwise designated by the Fire Chief; the Committees on Appropriations of the ples, including but not limited to registra- (3) the Mayor of the District of Columbia; House of Representatives and Senate are pro- tion for the purpose of extending employ- and vided summary reports on April 1, 2007 and ment, health, or governmental benefits to (4) the Chairman of the Council of the Dis- October 1, 2007, setting forth detailed infor- such couples on the same basis that such trict of Columbia. mation regarding each reprogramming con- benefits are extended to legally married cou- (b) The Chief Financial Officer of the Dis- ducted subject to this subsection, except ples. trict of Columbia shall submit by March 1, that in no event may the amount of any SEC. 512. (a) Notwithstanding any other 2007, an inventory, as of September 30, 2006, funds transferred exceed 4 percent of the provision of this Act, the Mayor, in consulta- of all vehicles owned, leased or operated by local funds in the appropriations. tion with the Chief Financial Officer of the the District of Columbia government. The (c) The District of Columbia Government is District of Columbia may accept, obligate, inventory shall include, but not be limited authorized to approve and execute re- and expend Federal, private, and other to, the department to which the vehicle is programming and transfer requests of local grants received by the District government assigned; the year and make of the vehicle; funds under this title through September 30, that are not reflected in the amounts appro- the acquisition date and cost; the general 2007. priated in this Act. condition of the vehicle; annual operating SEC. 506. Consistent with the provisions of (b)(1) No such Federal, private, or other and maintenance costs; current mileage; and section 1301(a) of title 31, United States grant may be obligated, or expended pursu- whether the vehicle is allowed to be taken Code, appropriations under this Act shall be ant to subsection (a) until— home by a District officer or employee and if applied only to the objects for which the ap- (A) the Chief Financial Officer of the Dis- so, the officer or employee’s title and resi- propriations were made except as otherwise trict of Columbia submits to the Council a dent location. provided by law. report setting forth detailed information re- SEC. 514. None of the funds contained in SEC. 507. (a) Notwithstanding any other garding such grant; and this Act may be used for purposes of the an- provisions of law, the provisions of the Dis- (B) the Council has reviewed and approved nual independent audit of the District of Co- trict of Columbia Government Comprehen- the obligation, and expenditure of such lumbia government for fiscal year 2007 un- sive Merit Personnel Act of 1978 (D.C. Law 2– grant. less— 139; sec. 1–601.01 et seq., D.C. Official Code), (2) For purposes of paragraph (1)(B), the (1) the audit is conducted by the Inspector enacted pursuant to section 422(3) of the Dis- Council shall be deemed to have reviewed General of the District of Columbia, in co- trict of Columbia Home Rule Act (sec. 1– and approved the obligation, and expenditure ordination with the Chief Financial Officer 204.22(3), D.C. Official Code), shall apply with of a grant if— of the District of Columbia, pursuant to sec- respect to the compensation of District of (A) no written notice of disapproval is filed tion 208(a)(4) of the District of Columbia Pro- Columbia employees. For pay purposes, em- with the Secretary of the Council within 14 curement Practices Act of 1985 (D.C. Official ployees of the District of Columbia govern- calendar days of the receipt of the report Code, section 2–302.8); and ment shall not be subject to the provisions of from the Chief Financial Officer under para- (2) the audit includes as a basic financial title 5, United States Code. graph (1)(A); or statement a comparison of audited actual (b) Notwithstanding section 8344(a) of title (B) if such a notice of disapproval is filed year-end results with the revenues submitted 5, United States Code, the amendment made within such deadline, the Council does not in the budget document for such year and by section 2 of the District Government Re- by resolution disapprove the obligation, or the appropriations enacted into law for such employed Annuitant Offset Elimination expenditure of the grant within 30 calendar year using the format, terminology, and Amendment Act of 2004 (D.C. Law 15–207) days of the initial receipt of the report from classifications contained in the law making

VerDate Aug 31 2005 04:36 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.077 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3871 the appropriations for the year and its legis- trict of Columbia Public Schools and the $42,000,000 from funds identified in the com- lative history. District of Columbia public charter schools; prehensive annual financial report as the SEC. 515. (a) None of the funds contained in (5) improvement in basic District services, District’s fiscal year 2006 unexpended general this Act may be used by the District of Co- including rat control and abatement; fund surplus. The District may obligate and lumbia Corporation Counsel or any other of- (6) application for and management of Fed- expend these amounts only in accordance ficer or entity of the District government to eral grants, including the number and type with the following conditions: provide assistance for any petition drive or of grants for which the District was eligible (1) The Chief Financial Officer of the Dis- civil action which seeks to require Congress but failed to apply and the number and type trict of Columbia shall certify that the use to provide for voting representation in Con- of grants awarded to the District but for of any such amounts is not anticipated to gress for the District of Columbia. which the District failed to spend the have a negative impact on the District’s (b) Nothing in this section bars the Dis- amounts received; and long-term financial, fiscal, and economic vi- trict of Columbia Corporation Counsel from (7) indicators of child well-being. tality. reviewing or commenting on briefs in private SEC. 520. (a) No later than 30 calendar days (2) The District of Columbia may only use lawsuits, or from consulting with officials of after the date of the enactment of this Act, these funds for the following expenditures: the District government regarding such law- the Chief Financial Officer of the District of (A) One-time expenditures. suits. Columbia shall submit to the appropriate (B) Expenditures to avoid deficit spending. SEC. 516. (a) None of the funds contained in committees of Congress, the Mayor, and the (C) Debt Reduction. this Act may be used for any program of dis- Council of the District of Columbia a revised (D) Program needs. tributing sterile needles or syringes for the appropriated funds operating budget in the (E) Expenditures to avoid revenue short- hypodermic injection of any illegal drug. format of the budget that the District of Co- falls. (b) Any individual or entity who receives lumbia government submitted pursuant to (3) The amounts shall be obligated and ex- any funds contained in this Act and who car- section 442 of the District of Columbia Home pended in accordance with laws enacted by ries out any program described in subsection Rule Act (D.C. Official Code, section 1– the Council in support of each such obliga- (a) shall account for all funds used for such 204.42), for all agencies of the District of Co- tion or expenditure. program separately from any funds con- lumbia government for fiscal year 2007 that (4) The amounts may not be used to fund tained in this Act. is in the total amount of the approved appro- the agencies of the District of Columbia gov- SEC. 517. None of the funds contained in priation and that realigns all budgeted data ernment under court ordered receivership. this Act may be used after the expiration of for personal services and other-than-per- (5) The amounts may not be obligated or the 60-day period that begins on the date of sonal-services, respectively, with anticipated expended unless the Mayor notifies the Com- the enactment of this Act to pay the salary actual expenditures. mittees on Appropriations of the House of of any chief financial officer of any office of (b) This section shall apply only to an Representatives and Senate not fewer than the District of Columbia government (in- agency where the Chief Financial Officer of 30 days in advance of the obligation or excluding any independent agency of the Dis- the District of Columbia certifies that a re- penditure. trict of Columbia) who has not filed a certifi- allocation is required to address unantici- SEC. 524. (a) To account for an unantici- cation with the Mayor and the Chief Finan- pated changes in program requirements. pated growth of revenue collections, the cial Officer of the District of Columbia that SEC. 521. (a) None of the funds contained in amount appropriated as District of Columbia the officer understands the duties and re- this Act may be made available to pay— Funds pursuant to this Act may be in- strictions applicable to the officer and the (1) the fees of an attorney who represents a creased— officer’s agency as a result of this Act (and party in an action or an attorney who de- (1) by an aggregate amount of not more the amendments made by this Act), includ- fends an action brought against the District than 25 percent, in the case of amounts pro- ing any duty to prepare a report requested of Columbia Public Schools under the Indi- posed to be allocated as ‘‘Other-Type Funds’’ either in the Act or in any of the reports ac- viduals with Disabilities Education Act (20 in the Fiscal Year 2007 Proposed Budget and companying the Act and the deadline by U.S.C. 1400 et seq.) in excess of $4,000 for that Financial Plan submitted to Congress by the which each report must be submitted: Pro- action; or District of Columbia; and vided, That the Chief Financial Officer of the (2) the fees of an attorney or firm whom (2) by an aggregate amount of not more District of Columbia shall provide to the the Chief Financial Officer of the District of than 6 percent, in the case of any other Committees on Appropriations of the House Columbia determines to have a pecuniary in- amounts proposed to be allocated in such of Representatives and Senate by April 1, terest, either through an attorney, officer, or Proposed Budget and Financial Plan. 2007 and October 1, 2007, a summary list employee of the firm, in any special edu- (b) The District of Columbia may obligate showing each report, the due date, and the cation diagnostic services, schools, or other and expend any increase in the amount of date submitted to the Committees. special education service providers. funds authorized under this section only in SEC. 518. Nothing in this Act may be con- (b) In this section, the term ‘‘action’’ in- accordance with the following conditions: strued to prevent the Council or Mayor of cludes an administrative proceeding and any (1) The Chief Financial Officer of the Dis- the District of Columbia from addressing the ensuing or related proceedings before a court trict of Columbia shall certify— issue of the provision of contraceptive cov- of competent jurisdiction. (A) the increase in revenue; and erage by health insurance plans, but it is the SEC. 522. The Chief Financial Officer of the (B) that the use of the amounts is not an- intent of Congress that any legislation en- District of Columbia shall require attorneys ticipated to have a negative impact on the acted on such issue should include a ‘‘con- in special education cases brought under the long-term financial, fiscal, or economic science clause’’ which provides exceptions Individuals with Disabilities Education Act health of the District. for religious beliefs and moral convictions. (IDEA) in the District of Columbia to certify (2) The amounts shall be obligated and ex- SEC. 519. The Mayor of the District of Co- in writing that the attorney or representa- pended in accordance with laws enacted by lumbia shall submit to the Committees on tive rendered any and all services for which the Council of the District of Columbia in Appropriations of the House of Representa- they receive awards, including those re- support of each such obligation and expendi- tives and Senate, the Committee on Govern- ceived under a settlement agreement or as ture, consistent with the requirements of ment Reform of the House of Representa- part of an administrative proceeding, under this Act. tives, and the Committee on Governmental the IDEA from the District of Columbia. As (3) The amounts may not be used to fund Affairs of the Senate quarterly reports ad- part of the certification, the Chief Financial any agencies of the District government op- dressing— Officer of the District of Columbia shall re- erating under court-ordered receivership. (1) crime, including the homicide rate, im- quire all attorneys in IDEA cases to disclose (4) The amounts may not be obligated or plementation of community policing, the any financial, corporate, legal, memberships expended unless the Mayor has notified the number of police officers on local beats, and on boards of directors, or other relationships Committees on Appropriations of the House the closing down of open-air drug markets; with any special education diagnostic serv- of Representatives and Senate not fewer (2) access to substance and alcohol abuse ices, schools, or other special education serv- than 30 days in advance of the obligation or treatment, including the number of treat- ice providers to which the attorneys have re- expenditure. ment slots, the number of people served, the ferred any clients as part of this certifi- SEC. 525. The Chief Financial Officer for number of people on waiting lists, and the ef- cation. The Chief Financial Officer shall pre- the District of Columbia may, for the pur- fectiveness of treatment programs; pare and submit quarterly reports to the pose of cash flow management, conduct (3) management of parolees and pre-trial Committees on Appropriations of the House short-term borrowing from the emergency violent offenders, including the number of of Representatives and Senate on the certifi- reserve fund and from the contingency re- halfway houses escapes and steps taken to cation of and the amount paid by the govern- serve fund established under section 450A of improve monitoring and supervision of half- ment of the District of Columbia, including the District of Columbia Home Rule Act way house residents to reduce the number of the District of Columbia Public Schools, to (Public Law 93–198): Provided, That the escapes to be provided in consultation with attorneys in cases brought under IDEA. The amount borrowed shall not exceed 50 percent the Court Services and Offender Supervision Inspector General of the District of Colum- of the total amount of funds contained in Agency for the District of Columbia; bia may conduct investigations to determine both the emergency and contingency reserve (4) education, including access to special the accuracy of the certifications. funds at the time of borrowing: Provided fur- education services and student achievement SEC. 523. The amount appropriated by this ther, That the borrowing shall not deplete ei- to be provided in consultation with the Dis- Act may be increased by no more than ther fund by more than 50 percent: Provided

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further, That 100 percent of the funds bor- SEC. 532. Except as expressly provided oth- $100,000 to be expended and accounted for as rowed shall be replenished within 9 months erwise, any reference to ‘‘this Act’’ con- provided by 3 U.S.C. 103); and not to exceed of the time of the borrowing or by the end of tained in this division shall be treated as re- $19,000 for official entertainment expenses, to the fiscal year, whichever occurs earlier: ferring only to the provisions of this title. be available for allocation within the Execu- Provided further, That in the event that This title may be cited as the ‘‘District of tive Office of the President, $51,952,000: Pro- short-term borrowing has been conducted Columbia Appropriations Act, 2007’’. vided, That of the funds appropriated under and the emergency or the contingency funds b 2030 this heading, up to $1,500,000 shall be for the are later depleted below 50 percent as a re- Privacy and Civil Liberties Oversight Board. sult of an emergency or contingency, an Mr. KNOLLENBERG (during the AMENDMENT OFFERED BY MR. SHAYS amount equal to the amount necessary to re- reading). Mr. Chairman, I ask unani- Mr. SHAYS. Mr. Chairman, I offer an store reserve levels to 50 percent of the total mous consent that the remainder of amendment. amount of funds contained in both the emer- the bill through page 176, line 11 be gency and contingency reserve fund must be The Acting CHAIRMAN. The Clerk replenished from the amount borrowed with- considered as read, printed in the will designate the amendment. in 60 days. RECORD, and open to amendment at The text of the amendment is as fol- SEC. 526. (a) None of the funds contained in any point. lows: this Act may be used to enact or carry out The Acting CHAIRMAN. Is there ob- Amendment offered by Mr. SHAYS: any law, rule, or regulation to legalize or jection to the request of the gentleman Page 177, line 15, after the dollar amount, otherwise reduce penalties associated with from Michigan? insert the following: ‘‘(increased by the possession, use, or distribution of any There was no objection. $750,000)’’. schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any AMENDMENT OFFERED BY MR. KNOLLENBERG The Acting CHAIRMAN. Pursuant to tetrahydrocannabinols derivative. Mr. KNOLLENBERG (during the the order of the House of today, the (b) The Legalization of Marijuana for Med- reading). Mr. Chairman, I offer an gentleman from Connecticut (Mr. ical Treatment Initiative of 1998, also known amendment. SHAYS) and a Member opposed each as Initiative 59, approved by the electors of The Acting CHAIRMAN. The Clerk will control 5 minutes. the District of Columbia on November 3, The Chair recognizes the gentleman 1998, shall not take effect. will designate the amendment. SEC. 527. None of the funds appropriated The text of the amendment is as fol- from Connecticut. under this Act shall be expended for any lows: Mr. SHAYS. Mr. Chairman, this abortion except where the life of the mother Amendment offered by Mr. KNOLLENBERG: amendment would add $750,000 to an ac- would be endangered if the fetus were carried On page 175, line 16, through page 176, line count that has $1.5 million in it. Mrs. to term or where the pregnancy is the result 6, strike Section 531. MALONEY and I both had legislation of an act of rape or incest. adding $1.5 million on top of the $1.5 SEC. 528. The authority that the Chief Fi- The Acting CHAIRMAN. Pursuant to nancial Officer of the District of Columbia the order of the House of today, the million to the Civil Liberties Board. exercised with respect to personnel and the gentleman from Michigan (Mr. Mr. Chairman, it is my under- preparation of fiscal impact statements dur- KNOLLENBERG) and a Member opposed standing that the chairman will accept ing a control period (as defined in Public each will control 5 minutes. this amendment at 750, and I advise Law 104–8) shall remain in effect until Sep- The Chair recognizes the gentleman Mrs. MALONEY of that fact. What we tember 30, 2007. from Michigan. want to do, Mr. Chairman, is to support SEC. 529. The entire process used by the a Civil Liberties Board that hopefully Chief Financial Officer to acquire any and Mr. KNOLLENBERG. Mr. Chairman, all kinds of goods, works and services by any my amendment strikes section 531 of over time will do more than it is pres- contractual means, including but not limited the bill. We included this correcting ently doing. to purchase, lease or rental, shall be exempt provision at the request of the D.C. When we give the executive branch from all of the provisions of the District of Education Office to assist them with more power, we need to have more Columbia’s Procurement Practices Act of some funds management. oversight, more congressional over- 1985: Provided, That provisions made by this Unfortunately this provision creates sight, stronger whistleblower protec- section shall take effect as if enacted in D.C. tion. And the 9/11 Commission sug- Law 11–259 and shall remain in effect until an advance appropriation and, there- September 30, 2007. fore, violates the budget resolution. I gested a strong Civil Liberties Board. SEC. 530. (a) DIRECT APPROPRIATION.—Sec- ask for the amendment’s adoption. I would like to ask the chairman if tion 307(a) of the District of Columbia Court The CHAIRMAN. The question is on this is in fact an amendment that he Reform and Criminal Procedure Act of 1970 the amendment offend by the gen- would accept. (sec. 2—1607(a), D.C. Official Code) is amend- tleman from Michigan (Mr. KNOLLEN- Mr. KNOLLENBERG. I would be ed by striking the first 2 sentences and in- BERG). happy to accept the amendment with serting the following: ‘‘There are authorized the provision that it would be at the to be appropriated to the Service in each fis- The amendment was agreed to. cal year such funds as may be necessary to The Acting CHAIRMAN. The Clerk $750,000 level. carry out this chapter.’’. will read. Mr. SHAYS. Mr. Chairman, I reserve (b) CONFORMING AMENDMENT.—Section The Clerk read as follows: the balance of my time. 11233 of the Balanced Budget Act of 1997 (sec. TITLE VI The Acting CHAIRMAN. For what 24—133, D.C. Official Code) is amended by EXECUTIVE OFFICE OF THE PRESIDENT purpose does the gentlewoman from striking subsection (f). AND FUNDS APPROPRIATED TO THE New York rise? (c) EFFECTIVE DATE.—The amendments Mrs. MALONEY. I rise and would made by this section shall apply with respect PRESIDENT to fiscal year 2007 and each succeeding fiscal COMPENSATION OF THE PRESIDENT like to express— year. For compensation of the President, includ- The Acting CHAIRMAN. Is the gen- SEC. 531. (a) The item relating to ‘‘Federal ing an expense allowance at the rate of tlewoman opposed to the amendment? Payment for School Improvement’’ in the $50,000 per annum as authorized by 3 U.S.C. Mrs. MALONEY. No, I am not op- District of Columbia Appropriations Act, 102, $450,000: Provided, That none of the funds posed to it. 2006 (Public Law 109–115; 119 Stat. 2512) is made available for official expenses shall be I am opposed to it because I feel we amended by striking ‘‘$13,000,000 to expand expended for any other purpose and any un- should have gotten more money. quality public charter schools in the District used amount shall revert to the Treasury The Acting CHAIRMAN. The gentle- of Columbia, to remain available until Sep- pursuant to section 1552 of title 31, United woman is recognized for 5 minutes. tember 30, 2007’’ and inserting the following: States Code. ‘‘$13,000,000 to expand quality public charter Mrs. MALONEY. Mr. Chairman, I had WHITE HOUSE OFFICE schools in the District of Columbia, of which an amendment with Mr. UDALL which $4,000,000 shall be for the direct loan fund and SALARIES AND EXPENSES would have raised the funding amount shall remain available until expended, For necessary expenses for the White to $3 million. I feel that the $750,000 is $2,000,000 shall be for credit enhancement and House as authorized by law, including not to certainly welcomed and needed, but I shall remain available until expended, and exceed $3,850,000 for services as authorized by regret that we were not able to achieve the remainder shall remain available until 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- the additional $1.5 million. September 30, 2007’’. penses as authorized by 3 U.S.C. 105, which (b) The amendment made by subsection (a) shall be expended and accounted for as pro- One way that this Congress and the shall take effect as if included in the enact- vided in that section; hire of passenger President can show their support for a ment of the District of Columbia Appropria- motor vehicles, newspapers, periodicals, tele- program is the level of funding that is tions Act, 2006. type news service, and travel (not to exceed appropriated, and when we passed the

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.077 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3873 very important intelligence reform vigorous law enforcement that we need My amendment would add a modest bill, a very important provision of this to protect ourselves in the face of this $750,000 for the Privacy and Civil Liberties bill, and a recommendation, one of the new threat. Oversight Board. This board was created by top recommendations of the 9/11 Com- When the oversight board on civil lib- the Intelligence Reform and Terrorism Preven- mission, was the creation of a govern- erties and privacy that the 9/11 Com- tion Act and is based on a key recommenda- mentwide Privacy and Civil Liberties mission recommended is starved for tion of the 9–11 Commission. Oversight Board. money, you lose the opportunity to The Commission provided the nation with This board, if given the proper fund- achieve that balance that would in- 41 important recommendations to address the ing and authority, has the opportunity crease support for law enforcement. terrorist threat and improve our homeland se- to enhance our security and protect And while no one says it is a bad curity and recognized the need to balance civil our Nation’s core values as we fight to idea, except maybe the Vice President, liberties and security. It recommended the fol- prevent terrorism. The bill before us but he did not say that openly, I just lowing: At this time of increased and consoli- provides up to $1.5 million in funding, guessed, no one says that it is doing a dated government authority, there should be a as part of the Executive Office of the bad job. There is too little money left board within the executive branch to oversee President. The Maloney-Tom Udall because the priorities are tax cuts, the adherence to the guidelines we recommend amendment would have increased the war in Iraq, and then everything else and the commitment the government makes to amount of the board to $3 million. gets stiffed. defend our civil liberties. This board is to be funded from the And this is an example of a very good Unfortunately, the authority of the Privacy $52 million account provided for in the program. The committee did the best it and Civil Liberties Oversight Board is not as Executive Office of the President, and could, and the amendment of the gen- broad as proposed because the legislation our amendment would further draw tleman from Connecticut makes a bad that created it does not provide subpoena from this account. We had hoped that situation somewhat better. I am glad power, and Board investigations can be ve- it would have passed. I want to say that it is here, but we are in this situa- toed by the U.S. Attorney General. The need that if we value human rights and civil tion because this is an example of the for the Board to have strong oversight power liberties, we should be funding this price the country is paying for a very was the subject of a recent hearing held in the board. distorted set of priorities. Subcommittee on National Security, Emerging Mr. Chairman, I thank the gentle- We had a hearing on it earlier, and Threats and International Relations, which I woman, who has been a leader in this they only had one staff member and chair. fight. one administrator. And certainly, for The limitations on debate prevent my offer- Mrs. MALONEY. Mr. Chairman, re- ing an amendment that would expand the an oversight board for civil liberties, claiming my time, I would like to con- they should have more funding to pro- Board’s powers as is proposed in H.R. 5000, trast this office with the Privacy Office which I co-authored with Representative tect the civil liberties of Americans. at the Department of Homeland Secu- We asked them if they had looked at Maloney, but we can take an important step to rity. There they have 25 staff members. ensure the Board will function to the best of its the many challenges before this coun- Here we have three staff members at try now, the surveillance of phones, the ability under current law. the governmentwide office, and 25 for During our Subcommittee hearing, the chair surveillance in the libraries, the sur- the office within just one department. and vice-chair of the Board testified that they veillance of private lives of people, and Just beyond the challenge of staffing, currently only have two staff members and are we questioned why they had not taken the additional funding will allow the considering hiring one additional permanent this up. board to develop the infrastructure staff member. Mr. Chairman, how can a board They said they had just been formed. they need to do their job and will send with responsibilities for protecting privacy and But I would say that another reason a message that Congress fully intends civil liberties operate like this? they have not taken it up is that they to support the important work of the With increased executive power must come do not have enough staff working with board. increased oversight. These additional funds them. We need to support them. The 9/11 will help the Board establish its infrastructure And clearly any governmentwide Commission gave this an ‘‘F.’’ We and begin performing the robust oversight board tasked to perform oversight re- would like to get it funded and up and needed to make it successful, and ensure it garding privacy civil liberties will need running, and we must find ways of can protect all citizens’ privacy and civil lib- more than three permanent staffers to doing this. I appreciate the efforts of erties. get the job done. my colleagues. Mr. UDALL of New Mexico. Mr. Chairman, I Mr. FRANK of Massachusetts. Mr. Mr. SHAYS. Mr. Chairman, I yield am pleased to be a cosponsor of this amend- Chairman, will the gentlewoman yield? myself such time as I may consume. ment, which is a simple and straightforward Mrs. MALONEY. I yield to the gen- Mr. Chairman, I just first would step to ensure the privacy rights and civil lib- tleman from Massachusetts. thank Mr. KNOLLENBERG for adding erties are being adequately protected. Mr. FRANK of Massachusetts. Mr. $750,000 to the $1.5 million that is al- Recognizing that many of their rec- Chairman, like my colleague from New ready there. I particularly want to ommendations called for the government to York, I am glad we are getting some- thank my colleague, Mrs. MALONEY, more effectively protect our Nation, 9/11 Com- thing additional. This is symptomatic who has worked tirelessly on the 9/11 missioners unanimously expressed the need of this bill. It will provide too little Commission with me and others. I ap- for a viable Privacy and Civil Liberties Board. money for a lot of very important pro- preciate her willingness to accept this The Board was created to help ensure that as grams. amendment. I appreciate the work that we take steps to protect our Nation, it was not And we will be told, yes, it is a good she has done, and she is right about done at the expense of our civil liberties. program, but we do not have the this. Unfortunately, this vital board, which was money. I believe the members of the With the Government getting more established by the Intelligence Reform bill al- subcommittee did the best possible job. power, with the PATRIOT Act and the most two years ago, has only recently had its I commend them for doing the best pos- war on terrorism and, and, and, there Members appointed and confirmed and has sible job in the circumstances. needs to be stronger legislative over- held its first meetings. It now has to organize, The problem is that the majority cre- sight. We need to make sure that our hire staff, and begin fulfilling its responsibil- ated the circumstances. This is the whistleblower statutes protect those in ities, all of which takes time and resources. consequence of too many tax cuts with the intelligence community. However, in the 9/11 Commission’s report wars at the same time, and a budget We need a much stronger Civil Lib- card on the implementation of its rec- that then leaves too little money. So in erties Board. This money will allow the ommendations, which was released in Decem- case after case after case, we will be Civil Liberties Board to get started and ber, the COmmission noted the Board’s insuf- told, you are right, that is a very im- to do what they need. I know we will be ficient funding. This problem persists in this portant function, we do not have back asking Mr. KNOLLENBERG for more year’as appropriations bill, which will severly enough money. as it proves its viability and effective- hinder the Board’s ability to complete these This particularly troubles me be- ness. tasks. cause I would like to build the con- Mr. Chairman, at this time I urge ac- Following the revelations about the National sensus in the country for the kind of ceptance of this amendment. Security Agency’s various spy programs, it is

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 9920 E:\CR\FM\K13JN7.198 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3874 CONGRESSIONAL RECORD — HOUSE June 13, 2006 more evident that we need the Privacy and the Executive Residence shall prepare and 1937 (7 U.S.C. 601 et seq.): Provided further, Civil Liberties Board to be implemented now submit to the Committees on Appropria- That none of the funds made available for more than ever. However, the current level of tions, by not later than 90 days after the end the Office of Management and Budget by this of the fiscal year covered by this Act, a re- Act may be expended for the altering of the funding is clearly inadequate. $1,500,000 is port setting forth the reimbursable oper- transcript of actual testimony of witnesses, not enough for a Board charged with moni- ating expenses of the Executive Residence except for testimony of officials of the Office toring privacy and civil liberties implications of during the preceding fiscal year, including of Management and Budget, before the Com- federal regulations, executive branch policies the total amount of such expenses, the mittees on Appropriations or their sub- and procedures, and public law. amount of such total that consists of reim- committees: Provided further, That the pre- The Maloney/Udall amendment increases bursable official and ceremonial events, the ceding shall not apply to printed hearings re- the amount reserved for the Board to $3 mil- amount of such total that consists of reim- leased by the Committees on Appropriations: lion—the same amount that was initially given bursable political events, and the portion of Provided further, That the Office of Manage- to the 9/11 Commission. And the level of fund- each such amount that has been reimbursed ment and Budget shall have not more than 60 as of the date of the report: Provided further, days in which to perform budgetary policy ing in the bill for the Executive Office of the That the Executive Residence shall maintain reviews of water resource matters on which President will remain the same. This amend- a system for the tracking of expenses related the Chief of Engineers has reported: Provided ment simply gives the Board the funding it to reimbursable events within the Executive further, That the Director of the Office of needs to do the job is was created to do. Residence that includes a standard for the Management and Budget shall notify the ap- I urge a ‘‘yes’’ vote on this amendment. classification of any such expense as polit- propriate authorizing and Appropriations Mr. SHAYS. Mr. Chairman, I yield ical or nonpolitical: Provided further, That no Committees when the 60-day review is initi- back the balance of my time. provision of this paragraph may be construed ated: Provided further, That if water resource The CHAIRMAN. The question is on to exempt the Executive Residence from any reports have not been transmitted to the ap- the amendment offered by the gen- other applicable requirement of subchapter I propriate authorizing and appropriating or II of chapter 37 of title 31, United States committees within 15 days of the end of the tleman from Connecticut (Mr. SHAYS). Code. OMB review period based on the notification The amendment was agreed to. WHITE HOUSE REPAIR AND RESTORATION from the Director, Congress shall assume The Acting CHAIRMAN. The Clerk OMB concurrence with the report and act ac- For the repair, alteration, and improve- will read. cordingly. ment of the Executive Residence at the The Clerk read as follows: White House, $1,600,000, to remain available OFFICE OF NATIONAL DRUG CONTROL POLICY EXECUTIVE RESIDENCE AT THE WHITE HOUSE until expended, for required maintenance, SALARIES AND EXPENSES OPERATING EXPENSES safety and health issues, and continued pre- For necessary expenses of the Office of Na- For the care, maintenance, repair and al- ventative maintenance. tional Drug Control Policy; for research ac- teration, refurnishing, improvement, heat- COUNCIL OF ECONOMIC ADVISERS tivities pursuant to the Office of National ing, and lighting, including electric power SALARIES AND EXPENSES Drug Control Policy Reauthorization Act of and fixtures, of the Executive Residence at 1998 (21 U.S.C. 1701 et seq.); not to exceed For necessary expenses of the Council of the White House and official entertainment $10,000 for official reception and representa- Economic Advisers in carrying out its func- expenses of the President, $12,041,000, to be tion expenses; and for participation in joint tions under the Employment Act of 1946 (15 expended and accounted for as provided by 3 projects or in the provision of services on U.S.C. 1021), $4,002,000. U.S.C. 105, 109, 110, and 112–114. matters of mutual interest with nonprofit, OFFICE OF POLICY DEVELOPMENT REIMBURSABLE EXPENSES research, or public organizations or agencies, SALARIES AND EXPENSES with or without reimbursement, $26,928,000; For the reimbursable expenses of the Exec- of which $1,316,000 shall remain available utive Residence at the White House, such For necessary expenses of the Office of Pol- icy Development, including services as au- until expended for policy research and eval- sums as may be necessary: Provided, That all uation: Provided, That the Office is author- reimbursable operating expenses of the Exec- thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $3,385,000. ized to accept, hold, administer, and utilize utive Residence shall be made in accordance gifts, both real and personal, public and pri- with the provisions of this paragraph: Pro- NATIONAL SECURITY COUNCIL vate, without fiscal year limitation, for the vided further, That, notwithstanding any SALARIES AND EXPENSES purpose of aiding or facilitating the work of other provision of law, such amount for re- For necessary expenses of the National Se- the Office. imbursable operating expenses shall be the curity Council, including services as author- exclusive authority of the Executive Resi- COUNTERDRUG TECHNOLOGY ASSESSMENT ized by 5 U.S.C. 3109, $8,405,000. dence to incur obligations and to receive off- CENTER setting collections, for such expenses: Pro- OFFICE OF ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) vided further, That the Executive Residence SALARIES AND EXPENSES For necessary expenses for the shall require each person sponsoring a reim- For necessary expenses of the Office of Ad- Counterdrug Technology Assessment Center bursable political event to pay in advance an ministration, including services as author- for research activities pursuant to the Office amount equal to the estimated cost of the ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of National Drug Control Policy Reauthor- event, and all such advance payments shall of passenger motor vehicles, $91,393,000, of ization Act of 1998 (21 U.S.C. 1701 et seq.), be credited to this account and remain avail- which $11,397,000 shall remain available until $19,600,000, which shall remain available able until expended: Provided further, That expended for the Capital Investment Plan for until expended, consisting of $9,600,000 for the Executive Residence shall require the na- continued modernization of the information counternarcotics research and development tional committee of the political party of technology infrastructure within the Execu- projects, of which up to $1,000,000 is to be di- the President to maintain on deposit $25,000, tive Office of the President. rected to supply reduction activities, and to be separately accounted for and available $10,000,000 for the continued operation of the OFFICE OF MANAGEMENT AND BUDGET for expenses relating to reimbursable polit- technology transfer program: Provided, That ical events sponsored by such committee SALARIES AND EXPENSES the $9,600,000 for counternarcotics research during such fiscal year: Provided further, For necessary expenses of the Office of and development projects shall be available That the Executive Residence shall ensure Management and Budget, including hire of for transfer to other Federal departments or that a written notice of any amount owed for passenger motor vehicles and services as au- agencies. a reimbursable operating expense under this thorized by 5 U.S.C. 3109 and to carry out the FEDERAL DRUG CONTROL PROGRAMS paragraph is submitted to the person owing provisions of chapter 35 of title 44, United HIGH INTENSITY DRUG TRAFFICKING AREAS such amount within 60 days after such ex- States Code, $76,185,000, of which not to ex- PROGRAM pense is incurred, and that such amount is ceed $3,000 shall be available for official rep- collected within 30 days after the submission resentation expenses: Provided, That, as pro- (INCLUDING TRANSFER OF FUNDS) of such notice: Provided further, That the Ex- vided in 31 U.S.C. 1301(a), appropriations For necessary expenses of the Office of Na- ecutive Residence shall charge interest and shall be applied only to the objects for which tional Drug Control Policy’s High Intensity assess penalties and other charges on any appropriations were made and shall be allo- Drug Trafficking Areas Program, $227,000,000 such amount that is not reimbursed within cated in accordance with the terms and con- for drug control activities consistent with such 30 days, in accordance with the interest ditions set forth in the accompanying state- the approved strategy for each of the des- and penalty provisions applicable to an out- ment of the managers except as otherwise ignated High Intensity Drug Trafficking standing debt on a United States Govern- provided by law: Provided further, That none Areas, of which no less than 51 percent shall ment claim under section 3717 of title 31, of the funds appropriated in this Act for the be transferred to State and local entities for United States Code: Provided further, That Office of Management and Budget may be drug control activities: Provided, That up to each such amount that is reimbursed, and used for the purpose of reviewing any agri- 49 percent, to remain available until Sep- any accompanying interest and charges, cultural marketing orders or any activities tember 30, 2007, may be transferred to Fed- shall be deposited in the Treasury as mis- or regulations under the provisions of the eral agencies and departments at a rate to be cellaneous receipts: Provided further, That Agricultural Marketing Agreement Act of determined by the Director, of which not less

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.089 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3875 than $2,000,000 shall be used for auditing Congress because it not only helps law The National Archives is an excellent services and associated activities, and at enforcement identify and dismantle program, and one I fully support; but least $500,000 of the $2,000,000 shall be used to labs, but also helps break the cycle of this amendment still leaves them with develop and implement a data collection sys- other crimes associated with meth use, $281.6 million for operating expenses. It tem to measure the performance of the High Intensity Drug Trafficking Areas Program. crimes from domestic violence and is an increase. HIDTA is at level fund- child abuse to identity theft. We must ing, and it allows HIDTA to improve AMENDMENT OFFERED BY MS. HOOLEY continue to support this valuable ini- and expand its services for the first Ms. HOOLEY. Mr. Chairman, I offer tiative so our communities have the re- time in 5 years, at a time when com- an amendment. sources they need to stop the spread of munities across this country are facing The Acting CHAIRMAN. The Clerk methamphetamine. an increasing problem with meth- will designate the amendment. I urge you to support this amend- amphetamine. The text of the amendment is as fol- ment. Everybody knows this is a huge prob- lows: Mr. Chairman, I reserve the balance lem, one of the fastest-growing drug Amendment offered by Ms. HOOLEY: of my time. problems in the Nation. I think we Page 184, line 17, after the dollar amount, insert the following: ‘‘(increased by Mr. KNOLLENBERG. Mr. Chairman, need to provide HIDTA with the fund- $8,000,000)’’. I rise in opposition to the amendment. ing they need. It is not that I don’t Page 205, line 18, after the dollar amount, The Acting CHAIRMAN. The gen- support the archives program; it is ter- insert the following: ‘‘(reduced by tleman from Michigan is recognized for rific. But HIDTA has been funded at a $8,000,000)’’. 5 minutes. level that it already had an increase, The CHAIRMAN. Pursuant to the Mr. KNOLLENBERG. Mr. Chairman, and I think we need to fund this. This order of the House of today, the gentle- first let me state that I am a supporter is a horrific epidemic in this country, woman from Oregon (Ms. HOOLEY) and of the High Intensity Drug Trafficking and I think we need to fund it. a Member opposed each will control 5 Areas program. I think it is apparent Mr. Chairman, I yield back the bal- minutes. from the recommended level of funding ance of my time. The Chair recognizes the gentle- in our bill. The Acting CHAIRMAN. The ques- woman from Oregon. Mr. Chairman, the President re- tion is on the amendment offered by Ms. HOOLEY. Mr. Chairman, today I quested that this program be trans- the gentlewoman from Oregon (Ms. rise to offer an amendment with Con- ferred to the Department of Justice, a HOOLEY). gressman HULSHOF and Congressman Department not under the jurisdiction The question was taken; and the Act- SKELTON that would provide an $8 mil- of this subcommittee, at a level of $207 ing Chairman announced that the noes lion increase to the High Intensity million. Given the wide support for this appeared to have it. Drug Trafficking Area Program. program, we retain the oversight of the Ms. HOOLEY. Mr. Chairman, I de- Mr. Chairman, for the past 5 years, program in the TTHUD subcommittee mand a recorded vote. HIDTA has essentially been levelly and increased funding above the Presi- The Acting CHAIRMAN. Pursuant to funded despite the increasing threat dent’s request $20 million to that $227 clause 6 of rule XVIII, further pro- from the spread of methamphetamine million level. ceedings on the amendment offered by throughout our country. I would support my colleague’s the gentlewoman from Oregon will be This amendment would enable the amount if this were not a zero-sum sit- postponed. Office of National Drug Control Policy uation. But this increase has to come The Clerk will read. to maintain full funding to existing from another program, in this case the The Clerk read as follows: HIDTAs as well as provide additional National Archives and Records Admin- OTHER FEDERAL DRUG CONTROL PROGRAMS resources for the establishment of new istration, or NARA. NARA has a pro- (INCLUDING TRANSFER OF FUNDS) HIDTAs. jected $12 million shortfall right now, For activities to support a national anti- Mr. Chairman, in my three decades of even if they receive full funding for fis- drug campaign for youth, and for other pur- public service, I have not seen a prob- cal year 2007. A hiring freeze goes into poses, authorized by the Office of National lem as pervasive or as damaging as Or- effect on the beginning of July. A cut Drug Control Policy Reauthorization Act of egon’s meth epidemic. The production, of $12 million could result in serious 1998 (21 U.S.C. 1701 et seq.), $194,000,000, to re- staffing issues at the National Ar- main available until expended, of which the distribution and use of meth is a seri- amounts are available as follows: $100,000,000 ous threat to public health and safety. chives. to support a national media campaign, as au- Additionally, there is a projected re- b 2045 thorized by the Drug-Free Media Campaign duction in research hours and hours Act of 1998: Provided, That the Office of Na- I have traveled around the State open to the public and other measures tional Drug Control Policy shall maintain talking to policymakers and law en- that have to be taken even with full funding for non-advertising services for the forcement leaders about the meth prob- funding. A $12 million cut would im- media campaign at no less than the fiscal lem. I have heard one message loud and pose further reductions on operating year 2003 ratio of service funding to total clear: local law enforcement lacks the hours, something that I oppose; and I funds and shall continue the corporate out- resources needed to extinguish Or- reach program as it operated prior to its can- urge my colleagues, therefore, to op- cellation; $80,000,000 to continue a program egon’s meth wildfire, and I know Or- pose this amendment. of matching grants to drug-free commu- egon is by no means alone in this fight. Mr. Chairman, I yield back the bal- nities, of which $2,000,000 shall be a direct HIDTA provides State and local law ance of my time. grant to the Community Anti-Drug Coali- enforcement with critical Federal re- Ms. HOOLEY. Mr. Chairman, if the tions of America for the National Commu- sources to fight meth abuse. It is par- gentleman will answer a question, this nity Anti-Drug Coalition Institute, as au- ticularly effective because these re- was $9 million, not $12 million. thorized in chapter 2 of the National Nar- sources are targeted at the areas most Mr. KNOLLENBERG. Well, the whole cotics Leadership Act of 1988, as amended; adversely affected by drug trafficking. point is that it isn’t just one thing; it $1,000,000 for the National Drug Court Insti- It allows communities to develop and tute; $1,000,000 for the National Alliance for is two or three things that are the Model State Drug Laws; $8,500,000 for the implement a comprehensive strategy problem. Already, they are down $12 United States Anti-Doping Agency for anti- to combat meth and other illegal million. Then there is the possibility doping activities; $1,500,000 for the United drugs, one that addresses enforcement, that yours would strike some more States membership dues to the World Anti- treatment, prevention education, and money. Doping Agency; and $1,980,000 for evaluations control of precursor chemicals. Finally, what do they do about the and research related to National Drug Con- Last year, I offered a similar amend- servicing? How do they even get along trol Program performance measures: Pro- ment to the FY 06 meth appropriation with that situation when they know vided further, That such funds may be trans- bill that added $9 million to HIDTA. they are going to lose some people. ferred to other Federal departments and agencies to carry out such activities: Pro- While this amendment passed over- They are going to lose some people. vided further, That of the amounts appro- whelmingly, the funding was stripped Ms. HOOLEY. Mr. Chairman, re- priated for a national media campaign, not from the final conference report. claiming the balance of my time, this to exceed 10 percent shall be for administra- HIDTA deserves the support of this amendment is really about priorities. tion, advertising production, research and

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.081 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3876 CONGRESSIONAL RECORD — HOUSE June 13, 2006 testing, labor and related costs of the na- That any new projects and changes in fund- $25,218,000: Provided, That public members of tional media campaign. ing of ongoing projects shall be subject to the Federal Service Impasses Panel may be UNANTICIPATED NEEDS the prior approval of the Committees on Ap- paid travel expenses and per diem in lieu of propriations. subsistence as authorized by law (5 U.S.C. UNANTICIPATED NEEDS This title may be cited as the ‘‘Executive 5703) for persons employed intermittently in For expenses necessary to enable the Presi- Office of the President Appropriations Act, the Government service, and compensation dent to meet unanticipated needs, in further- 2007’’. as authorized by 5 U.S.C. 3109: Provided fur- ance of the national interest, security, or de- TITLE VII ther, That notwithstanding 31 U.S.C. 3302, fense which may arise at home or abroad funds received from fees charged to non-Fed- during the current fiscal year, as authorized INDEPENDENT AGENCIES eral participants at labor-management rela- by 3 U.S.C. 108, $1,000,000. ARCHITECTURAL AND TRANSPORTATION tions conferences shall be credited to and SPECIAL ASSISTANCE TO THE PRESIDENT AND BARRIERS COMPLIANCE BOARD merged with this account, to be available THE OFFICIAL RESIDENCE OF THE VICE SALARIES AND EXPENSES without further appropriation for the costs PRESIDENT of carrying out these conferences. For expenses necessary for the Architec- SALARIES AND EXPENSES tural and Transportation Barriers Compli- FEDERAL MARITIME COMMISSION For necessary expenses to enable the Vice ance Board, as authorized by section 502 of SALARIES AND EXPENSES President to provide assistance to the Presi- the Rehabilitation Act of 1973, as amended, For necessary expenses of the Federal Mar- dent in connection with specially assigned $5,956,590: Provided, That, notwithstanding itime Commission as authorized by section functions; services as authorized by 5 U.S.C. any other provision of law, there may be 201(d) of the Merchant Marine Act, 1936 (46 3109 and 3 U.S.C. 106, including subsistence credited to this appropriation funds received U.S.C. App. 1111), including services as au- expenses as authorized by 3 U.S.C. 106, which for publications and training expenses. thorized by 5 U.S.C. 3109; hire of passenger shall be expended and accounted for as pro- motor vehicles as authorized by 31 U.S.C. CONSUMER PRODUCT SAFETY COMMISSION vided in that section; and hire of passenger 1343(b); and uniforms or allowances therefor, motor vehicles, $4,352,000. SALARIES AND EXPENSES as authorized by 5 U.S.C. 5901–5902, $21,474,000: Provided, That not to exceed $2,000 OPERATING EXPENSES For necessary expenses of the Consumer Product Safety Commission, including hire shall be available for official reception and (INCLUDING TRANSFER OF FUNDS) of passenger motor vehicles, services as au- representation expenses. For the care, operation, refurnishing, im- thorized by 5 U.S.C. 3109, but at rates for in- GENERAL SERVICES ADMINISTRATION provement, and to the extent not otherwise dividuals not to exceed the per diem rate REAL PROPERTY ACTIVITIES provided for, heating and lighting, including equivalent to the maximum rate payable FEDERAL BUILDINGS FUND electric power and fixtures, of the official under 5 U.S.C. 5376, purchase of nominal LIMITATION ON AVAILABILITY OF REVENUE residence of the Vice President; the hire of awards to recognize non-Federal officials’ passenger motor vehicles; and not to exceed contributions to Commission activities, and To carry out the purposes of the Fund es- $90,000 for official entertainment expenses of not to exceed $500 for official reception and tablished pursuant to section 210(f) of the the Vice President, to be accounted for sole- representation expenses, $62,370,000. Federal Property and Administrative Serv- ly on his certificate, $317,000: Provided, That ices Act of 1949, as amended (40 U.S.C. 592), ELECTION ASSISTANCE COMMISSION advances or repayments or transfers from the revenues and collections deposited into this appropriation may be made to any de- SALARIES AND EXPENSES the Fund, shall be available for necessary ex- partment or agency for expenses of carrying (INCLUDING TRANSFER OF FUNDS) penses of real property management and re- out such activities. lated activities not otherwise provided for, For necessary expenses to carry out the including operation, maintenance, and pro- GENERAL PROVISIONS Help America Vote Act of 2002, $16,908,000, of tection of federally owned and leased build- (INCLUDING TRANSFER OF FUNDS) which $4,950,000 shall be transferred to the ings; rental of buildings in the District of Co- SEC. 601. From funds made available in this National Institute of Standards and Tech- lumbia; restoration of leased premises; mov- Act under the headings ‘‘White House Of- nology for election reform activities author- ing governmental agencies (including space fice’’, ‘‘Executive Residence at the White ized under the Help America Vote Act of adjustments and telecommunications reloca- House’’, ‘‘White House Repair and Restora- 2002. tion expenses) in connection with the assign- tion’’, ‘‘Council of Economic Advisors’’, ‘‘Na- FEDERAL DEPOSIT INSURANCE CORPORATION ment, allocation and transfer of space; con- tional Security Council’’, ‘‘Office of Admin- OFFICE OF INSPECTOR GENERAL tractual services incident to cleaning or istration’’, ‘‘Office of Policy Development’’, servicing buildings, and moving; repair and For necessary expenses of the Office of In- ‘‘Special Assistance to the President’’, and alteration of federally owned buildings inspector General in carrying out the provi- ‘‘Official Residence of the Vice President’’, cluding grounds, approaches and appur- sions of the Inspector General Act of 1978, the Director of the Office of Management tenances; care and safeguarding of sites; $26,256,000, to be derived from the Bank In- and Budget (or such other officer as the maintenance, preservation, demolition, and surance Fund, the Savings Association In- President may designate in writing), may, 15 equipment; acquisition of buildings and sites surance Fund, and the FSLIC Resolution days after giving notice to the House and by purchase, condemnation, or as otherwise Fund (or any successor to these Funds). Senate Committees on Appropriations, authorized by law; acquisition of options to transfer not to exceed 10 percent of any such FEDERAL ELECTION COMMISSION purchase buildings and sites; conversion and appropriation to any other such appropria- SALARIES AND EXPENSES extension of federally owned buildings; pre- tion, to be merged with and available for the For necessary expenses to carry out the liminary planning and design of projects by same time and for the same purposes as the provisions of the Federal Election Campaign contract or otherwise; construction of new appropriation to which transferred: Provided, Act of 1971, $57,138,000, of which no less than buildings (including equipment for such That the amount of an appropriation shall $6,500,000 shall be available for internal auto- buildings); and payment of principal, inter- not be increased by more than 50 percent by mated data processing systems, and of which est, and any other obligations for public buildings acquired by installment purchase such transfers: Provided further, That no not to exceed $5,000 shall be available for re- and purchase contract: Provided, That not- amount shall be transferred from ‘‘Special ception and representation expenses: Pro- withstanding any other provision of this Act, Assistance to the President’’ or ‘‘Official vided, That the FEC is authorized to estab- in an amount not more than the aggregate Residence of the Vice President’’ without the lish, modify, charge, and collect registration amount specified under this heading in the approval of the Vice President. fees for FEC hosted conferences: Provided Report of the House Committee on Appro- SEC. 602. The President shall submit to the further, That notwithstanding 31 U.S.C. 3302, priations to accompany the Transportation, Committees on Appropriations not later funds received from fees charged to attend Treasury, Housing and Urban Development, than 30 days after enactment, and prior to the campaign finance conferences shall be the Judiciary, The District of Columbia, and the initial obligation of funds appropriated credited to and merged with this account, to Independent Agencies Appropriations Act, under the heading ‘‘Office of National Drug be available without further appropriation Control Policy’’, a financial plan on the pro- 2007, and that such aggregate amount shall for the costs of carrying out these con- remain available until expended in such posed uses of all funds under the heading on ferences. a project-by-project basis, for which the obli- amounts for individual real property projects FEDERAL LABOR RELATIONS AUTHORITY gation of funds is anticipated: Provided, That and activities as provided in that accom- up to 20 percent of funds appropriated under SALARIES AND EXPENSES panying Report: Provided further, That any this heading may be obligated before the For necessary expenses to carry out func- proposed increases or decreases to the submission of the report subject to prior ap- tions of the Federal Labor Relations Author- amounts contained in such report shall be proval of the Committees on Appropriations: ity, pursuant to Reorganization Plan Num- subject to prior approval of the Committee Provided further, That the report shall be up- bered 2 of 1978, and the Civil Service Reform on Appropriations. dated and submitted to the Committees on Act of 1978, including services authorized by GENERAL ACTIVITIES Appropriations every six months and shall 5 U.S.C. 3109, and including hire of experts GOVERNMENT-WIDE POLICY include information detailing how the esti- and consultants, hire of passenger motor ve- For expenses authorized by law, not other- mates and assumptions contained in pre- hicles, and rental of conference rooms in the wise provided for, for Government-wide pol- vious reports have changed: Provided further, District of Columbia and elsewhere, icy and evaluation activities associated with

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.087 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3877 the management of real and personal prop- think that is a good idea. What you The Acting CHAIRMAN. Is there ob- erty assets and certain administrative serv- will find is businesses are increasingly jection to the request of the gentleman ices; Government-wide policy support returning to wellness programs to reduce from Michigan? sponsibilities relating to acquisition, tele- rising health care costs and most be- There was no objection. communications, information technology The text of the remainder of the bill management, and related technology activi- lieve that these programs will have a ties; and services as authorized by 5 U.S.C. long-term impact according to a survey through page 252, line 2 is as follows: 3109, $52,550,000. by the Deloitte Center For Health So- OFFICE OF INSPECTOR GENERAL OPERATING EXPENSES lutions and the ERISA Industry Com- For necessary expenses of the Office of In- For expenses authorized by law, not other- mittee. spector General and service authorized by 5 wise provided for, for Government-wide ac- For example, Lafarge North America, U.S.C. 3109, $44,312,000: Provided, That not to tivities associated with utilization and dona- a Herndon, Virginia, building materials exceed $15,000 shall be available for payment tion of surplus personal property; disposal of manufacturer with 650 employees reim- for information and detection of fraud real property; providing Internet access to burses its employees for half of their against the Government, including payment Federal information and services; agency- monthly gym fees up to $500 per year. for recovery of stolen Government property: Provided further, That not to exceed $2,500 wide policy direction and management, and Employees of Aetna can earn financial Board of Contract Appeals; accounting, shall be available for awards to employees of incentives of up to $345 a year for par- other Federal agencies and private citizens records management, and other support serv- ticipating in weight management and ices incident to adjudication of Indian Tribal in recognition of efforts and initiatives re- fitness courses. sulting in enhanced Office of Inspector Gen- Claims by the United States Court of Federal Could this business approach apply to Claims; services as authorized by 5 U.S.C. eral effectiveness. 3109; and not to exceed $7,500 for official re- the Federal workforce? I think so. This ELECTRONIC GOVERNMENT FUND ception and representation expenses, amendment would provide funding to (INCLUDING TRANSFER OF FUNDS) $83,032,000. study best ways to improve employee For necessary expenses in support of inter- AMENDMENT OFFERED BY MR. WYNN health and fitness, thereby improving agency projects that enable the Federal Gov- Mr. WYNN. Mr. Chairman, I offer an productivity. Some of the issues under ernment to expand its ability to conduct ac- amendment. study would include lunchtime walking tivities electronically, through the develop- The Acting CHAIRMAN. The Clerk and running clubs, creating accessible ment and implementation of innovative uses biking trails or bike routes, providing of the Internet and other electronic methods, will designate the amendment. $3,000,000, to remain available until ex- The text of the amendment is as fol- periodic incentive programs, promoting physical activities, health risk pended: Provided, That these funds may be lows: transferred to Federal agencies to carry out appraisals for all employees, contract Amendment offered by Mr. WYNN: the purposes of the Fund: Provided further, Page 195, line 4, after ‘‘$83,032,000’’ insert with health plans to offer free and re- That this transfer authority shall be in addi- ‘‘(reduced by $1,000,000)’’. duced cost memberships to health tion to any other transfer authority provided Page 209, line 15, after ‘‘$100,178,000’’ insert clubs allowing flexible work schedules in this Act: Provided further, That such ‘‘(increased by $1,000,000)’’. so employees can exercise; discounting transfers may not be made until 10 days The Acting CHAIRMAN. Pursuant to health insurance premiums and/or re- after a proposed spending plan and justifica- the order of the House of today, the duce copayments and deductibles in re- tion for each project to be undertaken has turn for an employee’s participation in been submitted to the Committees on Appro- gentleman from Maryland (Mr. WYNN) priations. and a Member opposed each will con- specified health promotion or disease prevention program, constructing ALLOWANCES AND OFFICE STAFF FOR FORMER trol 5 minutes. PRESIDENTS The Chair recognizes the gentleman gyms in the workplace, such as we (INCLUDING TRANSFER OF FUNDS) from Maryland. have here at the House; sponsoring exercise classes, providing employees For carrying out the provisions of the Act Mr. WYNN. Mr. Chairman, I rise to of August 25, 1958, as amended (3 U.S.C. 102 offer an amendment that would fund a with a stipend, full or partial, for gym membership. note), and Public Law 95–138, $3,030,000: Pro- study to increase health and wellness vided, That the Administrator of General for the Federal workforce, our employ- Mr. Chairman, let me conclude by Services shall transfer to the Secretary of ees. Specifically, the amendment would saying this: this amendment is de- the Treasury such sums as may be necessary fund a study by the Office of Personnel signed to call attention to the link be- to carry out the provisions of such Acts. Management to develop recommenda- tween Federal employees’ fitness and FEDERAL CITIZEN INFORMATION CENTER FUND tions to create incentives to boost the greater productivity and ultimately For necessary expenses of the Federal Cit- level of physical fitness and in return taxpayer savings on health insurance izen Information Center, including services the productivity of Federal employees costs. I would like to work with the authorized by 5 U.S.C. 3109, $16,866,000, to be and their families. chairman and the ranking member in deposited into the Federal Citizen Informa- Increasing the level of Federal em- the future to increase the level of phys- tion Center Fund: Provided, That the appro- ical fitness in the Federal workforce. I priations, revenues, and collections depos- ployees’ physical fitness would indeed ited into the Fund shall be available for nec- boost the productivity of workers, re- believe it is a win/win for the taxpayer and Federal employees. essary expenses of Federal Citizen Informa- duce chronic illness, and decrease the At this time, Mr. Chairman, I would tion Center activities in the aggregate Federal workforce’s health care costs. amount not to exceed $35,000,000: Provided ask unanimous consent to withdraw Let me talk for a minute about the further, That appropriations, revenues, and my amendment in the hope of further nature of the problem. Today, approxi- collections accruing to this Fund during fis- discussion as we go forward. cal year 2007 in excess of such amount shall mately 127 million adults in the United The Acting CHAIRMAN. Without ob- States are overweight. I know a little remain in the Fund and shall not be avail- jection, the amendment is withdrawn. able for expenditure except as authorized in about that. Sixty million are obese and There was no objection. appropriations Acts. nine million are severely obese. Obe- Mr. KNOLLENBERG. Mr. Chairman, ADMINISTRATIVE PROVISIONS—GENERAL sity has been linked to an increase in I just want to thank the gentleman SERVICES ADMINISTRATION chronic diseases such as coronary ar- from Maryland for his interest in this (INCLUDING TRANSFERS OF FUNDS) tery disease, type 2 diabetes, area. I certainly agree that to the ex- SEC. 701. The appropriate appropriation or osteoporosis, high blood pressure and tent we can, we should promote and en- fund available to the General Services Ad- certain types of cancer. courage physical activity as a way to ministration shall be credited with the cost According to the Centers for Disease prevent chronic health problems. I of operation, protection, maintenance, up- Control and Prevention, the medical would just say that I look forward to keep, repair, and improvement, included as care costs, and this is what is impor- working with you on this matter and part of rentals received from Government tant, the medical care cost of people make sure that these efforts lead to corporations pursuant to law (40 U.S.C. 129). with chronic diseases accounts for some decent results. SEC. 702. Funds available to the General more than 75 percent of the Nation’s Mr. Chairman, I ask unanimous con- Services Administration shall be available for the hire of passenger motor vehicles. $1.4 trillion in medical costs. sent that the remainder of the bill SEC. 703. Funds in the Federal Buildings You know, on this floor, Mr. Chair- through page 252, line 2 be considered Fund made available for fiscal year 2007 for man, we offer you the phrase, we need as read, printed in the RECORD, and Federal Buildings Fund activities may be to run government like a business. I open to amendment at any point. transferred between such activities only to

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.087 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3878 CONGRESSIONAL RECORD — HOUSE June 13, 2006 the extent necessary to meet program re- ministrator shall determine the cost and and the Whistleblower Protection Act of 1989 quirements: Provided, That any proposed capital requirements of the Fund for each (5 U.S.C. 5509 note), including services as au- transfers shall be approved in advance by the fiscal year and shall develop a plan con- thorized by 5 U.S.C. 3109, rental of conference Committees on Appropriations. cerning such requirements in consultation rooms in the District of Columbia and else- SEC. 704. Except as otherwise provided in with the Chief Financial Officer of the Gen- where, hire of passenger motor vehicles, di- this title, no funds made available by this eral Services Administration. Any change to rect procurement of survey printing, and not Act shall be used to transmit a fiscal year the cost and capital requirements of the to exceed $2,000 for official reception and rep- 2008 request for United States Courthouse Fund for a fiscal year shall be approved by resentation expenses, $36,531,000, together construction that: (1) does not meet the de- the Administrator. The Administrator shall with not to exceed $2,579,000 for administra- sign guide standards for construction as es- establish rates to be charged agencies pro- tive expenses to adjudicate retirement ap- tablished and approved by the General Serv- vided, or to be provided, a supply of personal peals to be transferred from the Civil Service ices Administration, the Judicial Conference property and non-personal services through Retirement and Disability Fund in amounts of the United States, and the Office of Man- the Fund, in accordance with the plan.’’; and determined by the Merit Systems Protection agement and Budget; and (2) does not reflect (D) by adding at the end the following new Board. the priorities of the Judicial Conference of paragraph: MORRIS K. UDALL SCHOLARSHIP AND EXCEL- the United States as set out in its approved ‘‘(4) DEPOSIT OF FEES.—Fees collected by LENCE IN NATIONAL ENVIRONMENTAL POLICY 5-year construction plan: Provided, That the the Administrator under section 313 of this FOUNDATION fiscal year 2008 request must be accompanied title may be deposited in the Fund, to be MORRIS K. UDALL SCHOLARSHIP AND EXCEL- by a standardized courtroom utilization used for the purposes of the Fund.’’. LENCE IN NATIONAL ENVIRONMENTAL POLICY study of each facility to be constructed, re- (4) In subsection (c)(1)(A)— TRUST FUND placed, or expanded. (A) by striking ‘‘and’’ at the end of clause EC. 705. None of the funds provided in this S (i); (INCLUDING TRANSFER OF FUNDS) Act may be used to increase the amount of (B) by inserting ‘‘and’’ after the semicolon For payment to the Morris K. Udall Schol- occupiable square feet, provide cleaning at the end of clause (ii); and arship and Excellence in National Environ- services, security enhancements, or any (C) by inserting after clause (ii) the fol- mental Policy Trust Fund, pursuant to the other service usually provided through the lowing new clause: Morris K. Udall Scholarship and Excellence Federal Buildings Fund, to any agency that ‘‘(iii) personal services related to the pro- in National Environmental and Native does not pay the rate per square foot assess- vision of information technology (as defined American Public Policy Act of 1992 (20 U.S.C. ment for space and services as determined by in section 11101(6) of this title);’’. 5601 et seq.), $2,000,000, to remain available the General Services Administration in com- (5) In subsection (d)(2)(A)— until expended, of which up to $50,000 shall pliance with the Public Buildings Amend- (A) by striking ‘‘and’’ at the end of clause be used to conduct financial audits pursuant ments Act of 1972 (Public Law 92–313). SEC. 706. From funds made available under (iv); to the Accountability of Tax Dollars Act of the heading ‘‘Federal Buildings Fund, Limi- (B) by redesignating clause (v) as clause 2002 (Public Law 107–289) notwithstanding tations on Availability of Revenue’’, claims (vi); and sections 8 and 9 of Public Law 102–259: Pro- against the Government of less than $250,000 (C) by inserting after clause (iv) the fol- vided, That up to 60 percent of such funds arising from direct construction projects and lowing new clause: may be transferred by the Morris K. Udall acquisition of buildings may be liquidated ‘‘(v) the cost of personal services employed Scholarship and Excellence in National En- from savings effected in other construction directly in providing information technology vironmental Policy Foundation for the nec- projects with prior notification to the Com- (as defined in section 11101(6) of this title); essary expenses of the Native Nations Insti- mittees on Appropriations. and’’. tute. SEC. 707. ACQUISITION SERVICES FUND.—(a) (6) By striking subsection (f) and inserting ENVIRONMENTAL DISPUTE RESOLUTION FUND the following: 40 U.S.C. 321 is amended as follows: For payment to the Environmental Dis- ‘‘(f) TRANSFER OF UNCOMMITTED BAL- (1) In the heading, by striking ‘‘GENERAL pute Resolution Fund to carry out activities ANCES.—Following the close of each fiscal SUPPLY’’ and inserting ‘‘ACQUISITION authorized in the Environmental Policy and year, after making provision for a sufficient SERVICES’’. Conflict Resolution Act of 1998, $2,000,000, to level of inventory of personal property to (2) In subsection (a), by striking ‘‘General remain available until expended. Supply’’ and inserting ‘‘Acquisition Serv- meet the needs of Federal Agencies, the re- NATIONAL ARCHIVES AND RECORDS ices’’ and adding ‘‘(the Fund)’’ following placement cost of motor vehicles, and other ADMINISTRATION ‘‘Acquisition Services Fund’’; and after the anticipated operating needs reflected in the initial sentence, by adding the following new cost and capital plan developed under sub- OPERATING EXPENSES paragraph: ‘‘The Fund shall replace the Gen- section (b), the uncommitted balance of any For necessary expenses in connection with eral Supply Fund and the Information Tech- funds remaining in the Fund shall be trans- the administration of the National Archives nology Fund. Capital assets and balances referred to the general fund of the Treasury as and Records Administration (including the maining in the General Supply Fund and the miscellaneous receipts.’’. Information Security Oversight Office) and Information Technology Fund as in exist- (7) CONFORMING AND CLERICAL AMEND- archived Federal records and related activi- ence immediately before February 1, 2007 MENTS.— ties, as provided by law, and for expenses shall be transferred to the Acquisition Serv- (A) 40 U.S.C. 322 is repealed. necessary for the review and declassification ices Fund and shall be merged with and be (B) The table of sections for chapter 3 of of documents and the activities of the Public available for the purposes of the Acquisition title 40, United States Code, is amended by Interest Declassification Board, and for the Services Fund. Any liabilities, commit- striking the items relating to sections 321 hire of passenger motor vehicles, $289,605,000: ments, and obligations of the General Supply and 322 and inserting the following: Provided, That the Archivist of the United Fund and the Information Technology Fund ‘‘321. Acquisition Services Fund.’’. States is authorized to use any excess funds as in existence immediately before February (C) 40 U.S.C. 573 is amended by striking available from the amount borrowed for con- 1, 2007 shall be assumed by the Acquisition ‘‘General Supply Fund’’ both places it ap- struction of the National Archives facility, Services Fund.’’. pears and inserting ‘‘Acquisition Services for expenses necessary to provide adequate (3) In subsection (b)— Fund’’. storage for holdings. (A) by striking the text of paragraph (1) (D) 40 U.S.C. 604(b) is amended in the head- ELECTRONIC RECORDS ARCHIVES and inserting the following: ‘‘The Fund is ing and the text by striking ‘‘General Supply For necessary expenses in connection with composed of amounts authorized to be trans- Fund’’ and inserting ‘‘Acquisition Services the development of the electronic records ar- ferred to the Fund or otherwise made avail- Fund’’. chives, to include all direct project costs as- able to the Fund.’’; (E) 40 U.S.C. 605 is amended— sociated with research, analysis, design, de- (B) by striking the text of paragraph (2) (i) in the heading and the text of sub- velopment, and program management, and inserting the following: ‘‘The Fund shall section (a) by striking ‘‘General Supply $45,455,000, of which $31,680,000 shall remain be credited with all reimbursements, ad- Fund’’ and inserting ‘‘Acquisition Services available until September 30, 2008. vances, and refunds or recoveries relating to Fund’’; and personal property or services procured (ii) in subsection (b)(2), by striking REPAIRS AND RESTORATION through the Fund, including— ‘‘321(f)(1)’’ and inserting ‘‘321(f)’’ and by For the repair, alteration, and improve- ‘‘(A) the net proceeds of disposal of surplus striking ‘‘General Supply Fund’’ and insert- ment of archives facilities, and to provide personal property; ing ‘‘Acquisition Services Fund’’. adequate storage for holdings, $13,020,000, to ‘‘(B) receipts from carriers and others for MERIT SYSTEMS PROTECTION BOARD remain available until expended. loss of, or damage to, personal property; and SALARIES AND EXPENSES NATIONAL HISTORICAL PUBLICATIONS AND ‘‘(C) receipts from agencies charged fees RECORDS COMMISSION pursuant to rates established by the Admin- (INCLUDING TRANSFER OF FUNDS) GRANTS PROGRAM istrator.’’; For necessary expenses to carry out func- (C) by striking the heading and text of tions of the Merit Systems Protection Board (INCLUDING TRANSFER OF FUNDS) paragraph (3) and inserting the following: pursuant to Reorganization Plan Numbered 2 For necessary expenses for allocations and ‘‘COST AND CAPITAL REQUIREMENTS.—The Ad- of 1978, the Civil Service Reform Act of 1978, grants for historical publications and records

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as authorized by 44 U.S.C. 2504, as amended, Voting Rights Act activities require an em- OFFICE OF SPECIAL COUNSEL $7,500,000, to remain available until ex- ployee to remain overnight at his or her post SALARIES AND EXPENSES pended: Provided, That of the funds provided of duty, $111,095,000, of which $6,913,170 shall For necessary expenses to carry out func- in this paragraph, $2,000,000 shall be trans- remain available until expended for the En- tions of the Office of Special Counsel pursu- ferred to the operating expenses account for terprise Human Resources Integration ant to Reorganization Plan Numbered 2 of operating expenses of the National Historical project; $1,435,500 shall remain available 1978, the Civil Service Reform Act of 1978 Publications and Records Administration. until expended for the Human Resources (Public Law 95–454), as amended, the Whistle- NATIONAL CREDIT UNION ADMINISTRATION Line of Business project. In addition, blower Protection Act of 1989 (Public Law $100,178,000 for administrative expenses, to be CENTRAL LIQUIDITY FACILITY 101–12), as amended, Public Law 107–304, and transferred from the appropriate trust funds the Uniformed Services Employment and Re- During fiscal year 2007, gross obligations of of the Office of Personnel Management with- the Central Liquidity Facility for the prin- employment Act of 1994 (Public Law 103–353), out regard to other statutes, including direct including services as authorized by 5 U.S.C. cipal amount of new direct loans to member procurement of printed materials, for the re- 3109, payment of fees and expenses for wit- credit unions, as authorized by 12 U.S.C. 1795 tirement and insurance programs: Provided, nesses, rental of conference rooms in the Dis- et seq., shall not exceed $1,500,000,000: Pro- That the provisions of this appropriation trict of Columbia and elsewhere, and hire of vided, That administrative expenses of the shall not affect the authority to use applica- passenger motor vehicles; $15,937,000. Central Liquidity Facility in fiscal year 2007 ble trust funds as provided by sections shall not exceed $331,000. 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, SELECTIVE SERVICE SYSTEM COMMUNITY DEVELOPMENT CREDIT UNION United States Code: Provided further, That no SALARIES AND EXPENSES REVOLVING LOAN FUND part of this appropriation shall be available For necessary expenses of the Selective For the Community Development Revolv- for salaries and expenses of the Legal Exam- Service System, including expenses of ating Loan Fund program as authorized by 42 ining Unit of the Office of Personnel Man- tendance at meetings and of training for uni- U.S.C. 9812, 9822 and 9910, $941,000, shall be agement established pursuant to Executive formed personnel assigned to the Selective available until September 30, 2008 for tech- Order No. 9358 of July 1, 1943, or any suc- Service System, as authorized by 5 U.S.C. nical assistance to low-income designated cessor unit of like purpose: Provided further, 4101–4118 for civilian employees; purchase of credit unions. That the President’s Commission on White uniforms, or allowances therefor, as author- House Fellows, established by Executive ized by 5 U.S.C. 5901–5902; hire of passenger NATIONAL TRANSPORTATION SAFETY BOARD Order No. 11183 of October 3, 1964, may, dur- motor vehicles; services as authorized by 5 SALARIES AND EXPENSES ing fiscal year 2007, accept donations of U.S.C. 3109; and not to exceed $750 for official For necessary expenses of the National money, property, and personal services: Pro- reception and representation expenses; Transportation Safety Board, including hire vided further, That such donations, including $24,255,000: Provided, That during the current of passenger motor vehicles and aircraft; those from prior years, may be used for the fiscal year, the President may exempt this services as authorized by 5 U.S.C. 3109, but at development of publicity materials to pro- appropriation from the provisions of 31 rates for individuals not to exceed the per vide information about the White House Fel- U.S.C. 1341, whenever the President deems diem rate equivalent to the rate for a GS–15; lows, except that no such donations shall be such action to be necessary in the interest of uniforms, or allowances therefor, as author- accepted for travel or reimbursement of national defense: Provided further, That none ized by law (5 U.S.C. 5901–5902) $81,594,000, of travel expenses, or for the salaries of em- of the funds appropriated by this Act may be which not to exceed $2,000 may be used for ployees of such Commission. expended for or in connection with the in- official reception and representation ex- OFFICE OF INSPECTOR GENERAL duction of any person into the Armed Forces penses. SALARIES AND EXPENSES of the United States. (RESCISSION) (INCLUDING TRANSFER OF TRUST FUNDS) UNITED STATES INTERAGENCY COUNCIL ON Of the available unobligated balances made For necessary expenses of the Office of In- HOMELESSNESS available under Public Law 106–246, $1,664,000 spector General in carrying out the provi- OPERATING EXPENSES are rescinded. sions of the Inspector General Act, as For necessary expenses (including payment NEIGHBORHOOD REINVESTMENT CORPORATION amended, including services as authorized by of salaries, authorized travel, hire of pas- PAYMENT TO THE NEIGHBORHOOD 5 U.S.C. 3109, hire of passenger motor vehi- senger motor vehicles, the rental of con- REINVESTMENT CORPORATION cles, $1,597,860, and in addition, not to exceed ference rooms, and the employment of experts and consultants under section 3109 of For payment to the Neighborhood Rein- $16,165,710 for administrative expenses to title 5, United States Code) of the United vestment Corporation for use in neighbor- audit, investigate, and provide other over- States Interagency Council on Homelessness hood reinvestment activities, as authorized sight of the Office of Personnel Manage- in carrying out the functions pursuant to by the Neighborhood Reinvestment Corpora- ment’s retirement and insurance programs, title II of the McKinney-Vento Homeless As- tion Act (42 U.S.C. 8101–8107), $119,790,000. to be transferred from the appropriate trust funds of the Office of Personnel Manage- sistance Act, as amended, $2,000,000. OFFICE OF GOVERNMENT ETHICS ment, as determined by the Inspector Gen- UNITED STATES POSTAL SERVICE SALARIES AND EXPENSES eral: Provided, That the Inspector General is PAYMENT TO THE POSTAL SERVICE FUND For necessary expenses to carry out func- authorized to rent conference rooms in the For payment to the Postal Service Fund tions of the Office of Government Ethics pur- District of Columbia and elsewhere. for revenue forgone on free and reduced rate suant to the Ethics in Government Act of GOVERNMENT PAYMENT FOR ANNUITANTS, mail, pursuant to subsections (c) and (d) of 1978, and the Ethics Reform Act of 1989, in- EMPLOYEES HEALTH BENEFITS section 2401 of title 39, United States Code, cluding services as authorized by 5 U.S.C. For payment of Government contributions $108,915,000, of which $79,915,000 shall not be 3109, rental of conference rooms in the Dis- with respect to retired employees, as author- available for obligation until October 1, 2007: trict of Columbia and elsewhere, hire of pas- ized by chapter 89 of title 5, United States Provided, That mail for overseas voting and senger motor vehicles, and not to exceed Code, and the Retired Federal Employees mail for the blind shall continue to be free: $1,500 for official reception and representa- Health Benefits Act (74 Stat. 849), as amend- Provided further, That 6-day delivery and tion expenses, $11,489,000. ed, such sums as may be necessary. rural delivery of mail shall continue at not OFFICE OF PERSONNEL MANAGEMENT GOVERNMENT PAYMENT FOR ANNUITANTS, less than the 1983 level: Provided further, SALARIES AND EXPENSES EMPLOYEE LIFE INSURANCE That none of the funds made available to the (INCLUDING TRANSFER OF TRUST FUNDS) For payment of Government contributions Postal Service by this Act shall be used to implement any rule, regulation, or policy of For necessary expenses to carry out func- with respect to employees retiring after De- charging any officer or employee of any tions of the Office of Personnel Management cember 31, 1989, as required by chapter 87 of State or local child support enforcement pursuant to Reorganization Plan Numbered 2 title 5, United States Code, such sums as agency, or any individual participating in a of 1978 and the Civil Service Reform Act of may be necessary. State or local program of child support en- 1978, including services as authorized by 5 PAYMENT TO CIVIL SERVICE RETIREMENT AND forcement, a fee for information requested or U.S.C. 3109; medical examinations performed DISABILITY FUND provided concerning an address of a postal for veterans by private physicians on a fee For financing the unfunded liability of new customer: Provided further, That none of the basis; rental of conference rooms in the Dis- and increased annuity benefits becoming ef- funds provided in this Act shall be used to trict of Columbia and elsewhere; hire of pas- fective on or after October 20, 1969, as au- consolidate or close small rural and other senger motor vehicles; not to exceed $2,500 thorized by 5 U.S.C. 8348, and annuities under small post offices in fiscal year 2007. for official reception and representation ex- special Acts to be credited to the Civil Serv- penses; advances for reimbursements to ap- ice Retirement and Disability Fund, such UNITED STATES TAX COURT plicable funds of the Office of Personnel sums as may be necessary: Provided, That an- SALARIES AND EXPENSES Management and the Federal Bureau of In- nuities authorized by the Act of May 29, 1944, For necessary expenses, including contract vestigation for expenses incurred under Ex- as amended, and the Act of August 19, 1950, reporting and other services as authorized by ecutive Order No. 10422 of January 9, 1953, as as amended (33 U.S.C. 771–775), may hereafter 5 U.S.C. 3109, $47,110,000: Provided, That trav- amended; and payment of per diem and/or be paid out of the Civil Service Retirement el expenses of the judges shall be paid upon subsistence allowances to employees where and Disability Fund. the written certificate of the judge.

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.107 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3880 CONGRESSIONAL RECORD — HOUSE June 13, 2006 TITLE VIII—GENERAL PROVISIONS THIS ity for which funds have been denied or re- Appropriations Act) funds made available to ACT stricted by the Congress; (4) proposes to use the Office pursuant to court approval. (INCLUDING TRANSFERS OF FUNDS) funds directed for a specific activity by ei- SEC. 815. No funds appropriated by this Act ther the House or Senate Committees on Ap- shall be available to pay for an abortion, or SEC. 801. Such sums as may be necessary propriations for a different purpose; (5) aug- the administrative expenses in connection for fiscal year 2007 pay raises for programs ments existing programs, projects, or activi- with any health plan under the Federal em- funded in this Act shall be absorbed within ties in excess of $5,000,000 or 10 percent, ployees health benefits program which pro- the levels appropriated in this Act or pre- whichever is less; (6) reduces existing provides any benefits or coverage for abortions. vious appropriations Acts. grams, projects, or activities by $5,000,000 or SEC. 816. The provision of section 815 shall SEC. 802. None of the funds in this Act shall 10 percent, whichever is less; or (7) creates, not apply where the life of the mother would be used for the planning or execution of any reorganizes, or restructures a branch, divi- be endangered if the fetus were carried to program to pay the expenses of, or otherwise sion, office, bureau, board, commission, term, or the pregnancy is the result of an act compensate, non-Federal parties intervening agency, administration, or department dif- of rape or incest. in regulatory or adjudicatory proceedings ferent from the budget justifications sub- SEC. 817. In order to promote Government funded in this Act. mitted to the Committees on Appropriations access to commercial information tech- SEC. 803. None of the funds appropriated in or the table accompanying the statement of nology, the restriction on purchasing non- this Act shall remain available for obliga- the managers accompanying this Act, which- domestic articles, materials, and supplies set tion beyond the current fiscal year, nor may ever is more detailed, unless prior approval forth in the Buy American Act (41 U.S.C. 10a any be transferred to other appropriations, is received from the House and Senate Com- et seq.), shall not apply to the acquisition by unless expressly so provided herein. mittees on Appropriations: Provided, That the Federal Government of information SEC. 804. The expenditure of any appropria- not later than 60 days after the date of en- technology (as defined in section 11101 of tion under this Act for any consulting serv- actment of this Act, each agency funded by title 40, United States Code), that is a com- ice through procurement contract pursuant this Act shall submit a report to the Com- mercial item (as defined in section 4(12) of to section 3109 of title 5, United States Code, mittees on Appropriations of the Senate and the Office of Federal Procurement Policy shall be limited to those contracts where of the House of Representatives to establish Act (41 U.S.C. 403(12)). such expenditures are a matter of public the baseline for application of reprogram- SEC. 818. None of the funds made available record and available for public inspection, ming and transfer authorities for the current in the Act may be used to finalize, imple- except where otherwise provided under exist- fiscal year: Provided further, That the report ment, administer, or enforce— ing law, or under existing Executive order shall include: (1) a table for each appropria- (1) the proposed rule relating to the deter- issued pursuant to existing law. tion with a separate column to display the mination that real estate brokerage is an ac- SEC. 805. None of the funds made available President’s budget request, adjustments tivity that is financial in nature or inci- in this Act may be transferred to any depart- made by Congress, adjustments due to en- dental to a financial activity published in ment, agency, or instrumentality of the acted rescissions, if appropriate, and the fis- the Federal Register on January 3, 2001 (66 United States Government, except pursuant cal year enacted level; (2) a delineation in Fed. Reg. 307 et seq.); or to a transfer made by, or transfer authority the table for each appropriation both by ob- (2) the revision proposed in such rule to provided in, this Act or any other appropria- ject class and program, project, and activity section 1501.2 of title 12 of the Code of Fed- tions Act. as detailed in the budget appendix for the re- eral Regulations. SEC. 819. No funds in this Act may be used SEC. 806. None of the funds made available spective appropriation; and (3) an identifica- to support any Federal, State, or local by this Act shall be available for any activ- tion of items of special congressional inter- projects that seek to use the power of emi- ity or for paying the salary of any Govern- est: Provided further, That the amount appro- nent domain, unless eminent domain is em- ment employee where funding an activity or priated or limited for salaries and expenses ployed only for a public use: Provided, That paying a salary to a Government employee for an agency shall be reduced by $100,000 per for purposes of this section, public use shall would result in a decision, determination, day for each day after the required date that not be construed to include economic devel- rule, regulation, or policy that would pro- the report has not been submitted to the opment that primarily benefits private enti- hibit the enforcement of section 307 of the Congress. ties: Provided further, That any use of funds Tariff Act of 1930 (19 U.S.C. 1307). SEC. 811. Except as otherwise specifically for mass transit, railroad, airport, seaport or SEC. 807. No part of any appropriation con- provided by law, not to exceed 50 percent of highway projects as well as utility projects tained in this Act shall be available to pay unobligated balances remaining available at which benefit or serve the general public (in- the salary for any person filling a position, the end of fiscal year 2007 from appropria- cluding energy-related, communication-re- other than a temporary position, formerly tions made available for salaries and ex- lated, water-related and wastewater-related held by an employee who has left to enter penses for fiscal year 2007 in this Act, shall infrastructure), other structures designated the Armed Forces of the United States and remain available through September 30, 2008, for use by the general public or which have has satisfactorily completed his period of ac- for each such account for the purposes au- other common-carrier or public-utility func- tive military or naval service, and has with- thorized: Provided, That a request shall be tions that serve the general public and are in 90 days after his release from such service submitted to the Committees on Appropria- subject to regulation and oversight by the or from hospitalization continuing after dis- tions for approval prior to the expenditure of government, and projects for the removal of charge for a period of not more than 1 year, such funds: Provided further, That these re- an immediate threat to public health and made application for restoration to his quests shall be made in compliance with re- safety or brownsfield as defined in the Small former position and has been certified by the programming guidelines. Business Liability Relief and Brownsfield Office of Personnel Management as still SEC. 812. None of the funds made available Revitalization Act (Public Law 107–118) shall qualified to perform the duties of his former in this Act may be used by the Executive Of- be considered a public use for purposes of position and has not been restored thereto. fice of the President to request from the Fed- eminent domain. SEC. 808. No funds appropriated pursuant to eral Bureau of Investigation any official this Act may be expended by an entity un- background investigation report on any indi- TITLE IX—GENERAL PROVISIONS less the entity agrees that in expending the vidual, except when— GOVERNMENT-WIDE assistance the entity will comply with sec- (1) such individual has given his or her ex- DEPARTMENTS, AGENCIES, AND CORPORATIONS tions 2 through 4 of the Act of March 3, 1933 press written consent for such request not SEC. 901. Funds appropriated in this or any (41 U.S.C. 10a–10c, popularly known as the more than 6 months prior to the date of such other Act may be used to pay travel to the ‘‘Buy American Act’’). request and during the same presidential ad- United States for the immediate family of SEC. 809. No funds appropriated or other- ministration; or employees serving abroad in cases of death wise made available under this Act shall be (2) such request is required due to extraor- or life threatening illness of said employee. made available to any person or entity that dinary circumstances involving national se- SEC. 902. No department, agency, or instru- has been convicted of violating the Buy curity. mentality of the United States receiving ap- American Act (41 U.S.C. 10a–10c). SEC. 813. The cost accounting standards propriated funds under this or any other Act SEC. 810. Except as otherwise provided in promulgated under section 26 of the Office of for fiscal year 2007 shall obligate or expend this Act, none of the funds provided in this Federal Procurement Policy Act (Public Law any such funds, unless such department, Act, provided by previous appropriations 93–400; 41 U.S.C. 422) shall not apply with re- agency, or instrumentality has in place, and Acts to the agencies or entities funded in spect to a contract under the Federal Em- will continue to administer in good faith, a this Act that remain available for obligation ployees Health Benefits Program established written policy designed to ensure that all of or expenditure in fiscal year 2007, or provided under chapter 89 of title 5, United States its workplaces are free from the illegal use, from any accounts in the Treasury derived Code. possession, or distribution of controlled sub- by the collection of fees and available to the SEC. 814. For the purpose of resolving liti- stances (as defined in the Controlled Sub- agencies funded by this Act, shall be avail- gation and implementing any settlement stances Act (21 U.S.C. 802)) by the officers able for obligation or expenditure through a agreements regarding the nonforeign area and employees of such department, agency, reprogramming of funds that: (1) creates a cost-of-living allowance program, the Office or instrumentality. new program; (2) eliminates a program, of Personnel Management may accept and SEC. 903. Unless otherwise specifically pro- project, or activity; (3) increases funds or utilize (without regard to any restriction on vided, the maximum amount allowable dur- personnel for any program, project, or activ- unanticipated travel expenses imposed in an ing the current fiscal year in accordance

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with section 16 of the Act of August 2, 1946 maintenance or operating expenses, shall SEC. 913. (a) Notwithstanding any other (60 Stat. 810), for the purchase of any pas- also be available for payment to the General provision of law, and except as otherwise senger motor vehicle (exclusive of buses, am- Services Administration for charges for provided in this section, no part of any of the bulances, law enforcement, and undercover space and services and those expenses of ren- funds appropriated for fiscal year 2007, by surveillance vehicles), is hereby fixed at ovation and alteration of buildings and fa- this or any other Act, may be used to pay $8,100 except station wagons for which the cilities which constitute public improve- any prevailing rate employee described in maximum shall be $9,100: Provided, That ments performed in accordance with the section 5342(a)(2)(A) of title 5, United States these limits may be exceeded by not to ex- Public Buildings Act of 1959 (73 Stat. 749), Code— ceed $3,700 for police-type vehicles, and by the Public Buildings Amendments of 1972 (87 (1) during the period from the date of expi- not to exceed $4,000 for special heavy-duty Stat. 216), or other applicable law. ration of the limitation imposed by the com- vehicles: Provided further, That the limits set SEC. 907. In addition to funds provided in parable section for previous fiscal years forth in this section may not be exceeded by this or any other Act, all Federal agencies until the normal effective date of the appli- more than 5 percent for electric or hybrid ve- are authorized to receive and use funds re- cable wage survey adjustment that is to take hicles purchased for demonstration under sulting from the sale of materials, including effect in fiscal year 2007, in an amount that the provisions of the Electric and Hybrid Ve- Federal records disposed of pursuant to a exceeds the rate payable for the applicable records schedule recovered through recycling hicle Research, Development, and Dem- grade and step of the applicable wage sched- or waste prevention programs. Such funds onstration Act of 1976: Provided further, That ule in accordance with such section; and shall be available until expended for the fol- the limits set forth in this section may be (2) during the period consisting of the re- lowing purposes: exceeded by the incremental cost of clean al- mainder of fiscal year 2007, in an amount (1) Acquisition, waste reduction and pre- ternative fuels vehicles acquired pursuant to that exceeds, as a result of a wage survey ad- vention, and recycling programs as described Public Law 101–549 over the cost of com- justment, the rate payable under paragraph in Executive Order No. 13101 (September 14, parable conventionally fueled vehicles. (1) by more than the sum of— 1998), including any such programs adopted SEC. 904. Appropriations of the executive (A) the percentage adjustment taking ef- prior to the effective date of the Executive departments and independent establishments fect in fiscal year 2007 under section 5303 of order. for the current fiscal year available for ex- title 5, United States Code, in the rates of (2) Other Federal agency environmental penses of travel, or for the expenses of the pay under the General Schedule; and management programs, including, but not activity concerned, are hereby made avail- (B) the difference between the overall aver- limited to, the development and implemen- able for quarters allowances and cost-of-liv- age percentage of the locality-based coming allowances, in accordance with 5 U.S.C. tation of hazardous waste management and parability payments taking effect in fiscal 5922–5924. pollution prevention programs. year 2007 under section 5304 of such title SEC. 905. Unless otherwise specified during (3) Other employee programs as authorized (whether by adjustment or otherwise), and the current fiscal year, no part of any appro- by law or as deemed appropriate by the head the overall average percentage of such pay- priation contained in this or any other Act of the Federal agency. ments which was effective in the previous shall be used to pay the compensation of any SEC. 908. Funds made available by this or officer or employee of the Government of the any other Act for administrative expenses in fiscal year under such section. (b) Notwithstanding any other provision of United States (including any agency the ma- the current fiscal year of the corporations law, no prevailing rate employee described in jority of the stock of which is owned by the and agencies subject to chapter 91 of title 31, subparagraph (B) or (C) of section 5342(a)(2) Government of the United States) whose United States Code, shall be available, in ad- of title 5, United States Code, and no em- post of duty is in the continental United dition to objects for which such funds are ployee covered by section 5348 of such title, States unless such person: (1) is a citizen of otherwise available, for rent in the District may be paid during the periods for which the United States; (2) is a person in the serv- of Columbia; services in accordance with 5 subsection (a) is in effect at a rate that ex- ice of the United States on the date of the U.S.C. 3109; and the objects specified under ceeds the rates that would be payable under enactment of this Act who, being eligible for this head, all the provisions of which shall be subsection (a) were subsection (a) applicable citizenship, has filed a declaration of inten- applicable to the expenditure of such funds to such employee. tion to become a citizen of the United States unless otherwise specified in the Act by (c) For the purposes of this section, the prior to such date and is actually residing in which they are made available: Provided, rates payable to an employee who is covered the United States; (3) is a person who owes That in the event any functions budgeted as by this section and who is paid from a sched- allegiance to the United States; (4) is an administrative expenses are subsequently ule not in existence on September 30, 2006, alien from Cuba, Poland, South Vietnam, the transferred to or paid from other funds, the shall be determined under regulations pre- countries of the former Soviet Union, or the limitations on administrative expenses shall scribed by the Office of Personnel Manage- Baltic countries lawfully admitted to the be correspondingly reduced. ment. United States for permanent residence; (5) is SEC. 909. No part of any appropriation for the current fiscal year contained in this or (d) Notwithstanding any other provision of a South Vietnamese, Cambodian, or Laotian law, rates of premium pay for employees sub- refugee paroled in the United States after any other Act shall be paid to any person for the filling of any position for which he or she ject to this section may not be changed from January 1, 1975; or (6) is a national of the the rates in effect on September 30, 2006, ex- People’s Republic of China who qualifies for has been nominated after the Senate has voted not to approve the nomination of said cept to the extent determined by the Office adjustment of status pursuant to the Chinese person. of Personnel Management to be consistent Student Protection Act of 1992 (Public Law SEC. 910. No part of any appropriation con- with the purpose of this section. 102–404): Provided, That for the purpose of tained in this or any other Act shall be (e) This section shall apply with respect to this section, an affidavit signed by any such available for interagency financing of boards pay for service performed after September person shall be considered prima facie evi- (except Federal Executive Boards), commis- 30, 2006. dence that the requirements of this section sions, councils, committees, or similar (f) For the purpose of administering any with respect to his or her status have been groups (whether or not they are interagency provision of law (including any rule or regu- complied with: Provided further, That any entities) which do not have a prior and spe- lation that provides premium pay, retire- person making a false affidavit shall be cific statutory approval to receive financial ment, life insurance, or any other employee guilty of a felony, and, upon conviction, support from more than one agency or in- benefit) that requires any deduction or con- shall be fined no more than $4,000 or impris- strumentality. tribution, or that imposes any requirement oned for not more than 1 year, or both: Pro- SEC. 911. Funds made available by this or or limitation on the basis of a rate of salary vided further, That the above penal clause any other Act to the Postal Service Fund (39 or basic pay, the rate of salary or basic pay shall be in addition to, and not in substi- U.S.C. 2003) shall be available for employ- payable after the application of this section tution for, any other provisions of existing ment of guards for all buildings and areas shall be treated as the rate of salary or basic law: Provided further, That any payment owned or occupied by the Postal Service or pay. made to any officer or employee contrary to under the charge and control of the Postal (g) Nothing in this section shall be consid- the provisions of this section shall be recov- Service. The Postal Service may give such ered to permit or require the payment to any erable in action by the Federal Government. guards, with respect to such property, any of employee covered by this section at a rate in This section shall not apply to citizens of the powers of special policemen provided excess of the rate that would be payable were Ireland, Israel, or the Republic of the Phil- under 40 U.S.C. 1315. The Postmaster Gen- this section not in effect. ippines, or to nationals of those countries al- eral, or his designee, may take any action (h) The Office of Personnel Management lied with the United States in a current de- that the Secretary of Homeland Security may provide for exceptions to the limita- fense effort, or to international broadcasters may take under such section with respect to tions imposed by this section if the Office de- employed by the United States Information that property. termines that such exceptions are necessary Agency, or to temporary employment of SEC. 912. None of the funds made available to ensure the recruitment or retention of translators, or to temporary employment in pursuant to the provisions of this Act shall qualified employees. the field service (not to exceed 60 days) as a be used to implement, administer, or enforce SEC. 914. During the period in which the result of emergencies. any regulation which has been disapproved head of any department or agency, or any SEC. 906. Appropriations available to any pursuant to a joint resolution duly adopted other officer or civilian employee of the Gov- department or agency during the current fis- in accordance with the applicable law of the ernment appointed by the President of the cal year for necessary expenses, including United States. United States, holds office, no funds may be

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For the purposes of any way, irrespective of whether such com- lated activity, other than an employee or of- this section, the term ‘‘office’’ shall include munication or contact is at the initiative of ficer of the United States Government, may the entire suite of offices assigned to the in- such other officer or employee or in response contain provisions appropriate to the par- dividual, as well as any other space used pri- to the request or inquiry of such Member, ticular activity for which such document is marily by the individual or the use of which committee, or subcommittee; or to be used. Such form or agreement shall, at is directly controlled by the individual. (2) removes, suspends from duty without a minimum, require that the person will not SEC. 915. Notwithstanding section 1346 of pay, demotes, reduces in rank, seniority, sta- disclose any classified information received title 31, United States Code, or section 910 of tus, pay, or performance of efficiency rating, in the course of such activity unless specifi- this Act, funds made available for the cur- denies promotion to, relocates, reassigns, cally authorized to do so by the United rent fiscal year by this or any other Act transfers, disciplines, or discriminates in re- States Government. Such nondisclosure shall be available for the interagency fund- gard to any employment right, entitlement, forms shall also make it clear that they do ing of national security and emergency pre- or benefit, or any term or condition of em- not bar disclosures to Congress or to an au- paredness telecommunications initiatives ployment of, any other officer or employee thorized official of an executive agency or which benefit multiple Federal departments, of the Federal Government, or attempts or the Department of Justice that are essential agencies, or entities, as provided by Execu- threatens to commit any of the foregoing ac- to reporting a substantial violation of law. tive Order No. 12472 (April 3, 1984). tions with respect to such other officer or SEC. 921. No part of any funds appropriated SEC. 916. (a) None of the funds appropriated employee, by reason of any communication in this or any other Act shall be used by an by this or any other Act may be obligated or or contact of such other officer or employee agency of the executive branch, other than expended by any Federal department, agen- with any Member, committee, or sub- for normal and recognized executive-legisla- cy, or other instrumentality for the salaries committee of the Congress as described in tive relationships, for publicity or propa- or expenses of any employee appointed to a paragraph (1). ganda purposes, and for the preparation, disposition of a confidential or policy-deter- SEC. 919. (a) None of the funds made avail- tribution or use of any kit, pamphlet, book- mining character excepted from the competi- able in this or any other Act may be obli- let, publication, radio, television or film tive service pursuant to section 3302 of title gated or expended for any employee training presentation designed to support or defeat 5, United States Code, without a certifi- that— legislation pending before the Congress, ex- cation to the Office of Personnel Manage- (1) does not meet identified needs for cept in presentation to the Congress itself. ment from the head of the Federal depart- knowledge, skills, and abilities bearing di- SEC. 922. None of the funds appropriated by ment, agency, or other instrumentality em- rectly upon the performance of official du- this or any other Act may be used by an ploying the Schedule C appointee that the ties; agency to provide a Federal employee’s Schedule C position was not created solely or (2) contains elements likely to induce high home address to any labor organization ex- primarily in order to detail the employee to levels of emotional response or psychological cept when the employee has authorized such the White House. stress in some participants; disclosure or when such disclosure has been (b) The provisions of this section shall not (3) does not require prior employee notifi- ordered by a court of competent jurisdiction. apply to Federal employees or members of cation of the content and methods to be used SEC. 923. None of the funds made available the armed services detailed to or from— in the training and written end of course in this Act or any other Act may be used to (1) the Central Intelligence Agency; evaluation; provide any non-public information such as (2) the National Security Agency; (4) contains any methods or content associ- mailing or telephone lists to any person or (3) the Defense Intelligence Agency; ated with religious or quasi-religious belief any organization outside of the Federal Gov- (4) the offices within the Department of systems or ‘‘new age’’ belief systems as de- ernment without the approval of the Com- Defense for the collection of specialized na- fined in Equal Employment Opportunity mittees on Appropriations. tional foreign intelligence through recon- Commission Notice N–915.022, dated Sep- SEC. 924. No part of any appropriation con- naissance programs; tember 2, 1988; or tained in this or any other Act shall be used (5) the Bureau of Intelligence and Research (5) is offensive to, or designed to change, directly or indirectly, including by private of the Department of State; participants’ personal values or lifestyle out- contractor, for publicity or propaganda pur- (6) any agency, office, or unit of the Army, side the workplace. poses within the United States not heretofor Navy, Air Force, and Marine Corps, the De- (b) Nothing in this section shall prohibit, authorized by the Congress. partment of Homeland Security, the Federal restrict, or otherwise preclude an agency SEC. 925. (a) In this section the term ‘‘agen- Bureau of Investigation and the Drug En- from conducting training bearing directly cy’’— forcement Administration of the Department upon the performance of official duties. (1) means an Executive agency as defined of Justice, the Department of Transpor- SEC. 920. No funds appropriated in this or under section 105 of title 5, United States tation, the Department of the Treasury, and any other Act may be used to implement or Code; the Department of Energy performing intel- enforce the agreements in Standard Forms (2) includes a military department as de- ligence functions; and 312 and 4414 of the Government or any other fined under section 102 of such title, the (7) the Director of National Intelligence or nondisclosure policy, form, or agreement if Postal Service, and the Postal Rate Commis- the Office of the Director of National Intel- such policy, form, or agreement does not sion; and ligence. contain the following provisions: ‘‘These re- (3) shall not include the Government Ac- SEC. 917. No department, agency, or instru- strictions are consistent with and do not su- countability Office. mentality of the United States receiving ap- persede, conflict with, or otherwise alter the (b) Unless authorized in accordance with propriated funds under this or any other Act employee obligations, rights, or liabilities law or regulations to use such time for other for the current fiscal year shall obligate or created by Executive Order No. 12958; section purposes, an employee of an agency shall use expend any such funds, unless such depart- 7211 of title 5, United States Code (governing official time in an honest effort to perform ment, agency, or instrumentality has in disclosures to Congress); section 1034 of title official duties. An employee not under a place, and will continue to administer in 10, United States Code, as amended by the leave system, including a Presidential ap- good faith, a written policy designed to en- Military Whistleblower Protection Act (gov- pointee exempted under section 6301(2) of sure that all of its workplaces are free from erning disclosure to Congress by members of title 5, United States Code, has an obligation discrimination and sexual harassment and the military); section 2302(b)(8) of title 5, to expend an honest effort and a reasonable that all of its workplaces are not in violation United States Code, as amended by the Whis- proportion of such employee’s time in the of title VII of the Civil Rights Act of 1964 tleblower Protection Act (governing disclo- performance of official duties. (Public Law 88–352, 78 Stat. 241), as amended, sures of illegality, waste, fraud, abuse or SEC. 926. Notwithstanding 31 U.S.C. 1346 the Age Discrimination in Employment Act public health or safety threats); the Intel- and section 910 of this Act, funds made avail- of 1967 (Public Law 90–202, 81 Stat. 602), and ligence Identities Protection Act of 1982 (50 able for the current fiscal year by this or any the Rehabilitation Act of 1973 (Public Law U.S.C. 421 et seq.) (governing disclosures that other Act to any department or agency, 93–112, 87 Stat. 355). could expose confidential Government which is a member of the Federal Account- SEC. 918. No part of any appropriation con- agents); and the statutes which protect ing Standards Advisory Board (FASAB), tained in this or any other Act shall be against disclosure that may compromise the shall be available to finance an appropriate available for the payment of the salary of national security, including sections 641, 793, share of FASAB administrative costs. any officer or employee of the Federal Gov- 794, 798, and 952 of title 18, United States SEC. 927. Notwithstanding 31 U.S.C. 1346 ernment, who— Code, and section 4(b) of the Subversive Ac- and section 910 of this Act, the head of each (1) prohibits or prevents, or attempts or tivities Act of 1950 (50 U.S.C. 783(b)). The Executive department and agency is hereby threatens to prohibit or prevent, any other definitions, requirements, obligations, authorized to transfer to or reimburse ‘‘Gen- officer or employee of the Federal Govern- rights, sanctions, and liabilities created by eral Services Administration, Government-

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.108 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3883 wide Policy’’ with the approval of the Direc- (1) any record of aggregate data that does other agreement for training which cannot tor of the Office of Management and Budget, not identify particular persons; be accommodated in existing Center facili- funds made available for the current fiscal (2) any voluntary submission of personally ties. year by this or any other Act, including re- identifiable information; SEC. 938. (a) No funds shall be available for bates from charge card and other contracts: (3) any action taken for law enforcement, transfers or reimbursements to the E-Gov- Provided, That these funds shall be adminis- regulatory, or supervisory purposes, in ac- ernment Initiatives sponsored by the Office tered by the Administrator of General Serv- cordance with applicable law; or of Management and Budget prior to 15 days ices to support Government-wide financial, (4) any action described in subsection (a)(1) following submission of a report to the Com- information technology, procurement, and that is a system security action taken by the mittees on Appropriations by the Director of other management innovations, initiatives, operator of an Internet site and is nec- the Office of Management and Budget and re- and activities, as approved by the Director of essarily incident to providing the Internet ceipt of approval to transfer funds by the the Office of Management and Budget, in site services or to protecting the rights or House and Senate Committees on Appropria- consultation with the appropriate inter- property of the provider of the Internet site. tions. agency groups designated by the Director (c) DEFINITIONS.—For the purposes of this (b) The report in (a) shall detail— (including the Chief Financial Officers Coun- section: (1) the amount proposed for transfer for cil for financial management initiatives, the (1) The term ‘‘regulatory’’ means agency any department and agency by program of- Chief Information Officers Council for infor- actions to implement, interpret or enforce fice, bureau, or activity, as appropriate; mation technology initiatives, the Chief authorities provided in law. (2) the specific use of funds; Human Capital Officers Council for human (2) The term ‘‘supervisory’’ means exami- (3) the relevance of that use to that depart- capital initiatives, and the Chief Acquisition nations of the agency’s supervised institu- ment or agency and each bureau or office Officers Council for procurement initiatives): tions, including assessing safety and sound- within, which is contributing funds; and Provided further, the total funds transferred ness, overall financial condition, manage- (4) a description on any such activities for or reimbursed shall not exceed $10,000,000: ment practices and policies and compliance which funds were appropriated that will not Provided further, such transfers or reimburse- with applicable standards as provided in law. be implemented or partially implemented by ments may only be made 15 days following SEC. 933. (a) None of the funds appropriated the department or agency as a result of the notification of the Committees on Appro- by this Act may be used to enter into or transfer. priations by the Director of the Office of renew a contract which includes a provision SEC. 939. (a) REQUIREMENT FOR PUBLIC-PRI- Management and Budget. providing prescription drug coverage, except VATE COMPETITION.— SEC. 928. Notwithstanding any other provi- where the contract also includes a provision (1) Notwithstanding any other provision of sion of law, a woman may breastfeed her for contraceptive coverage. law, none of the funds appropriated by this child at any location in a Federal building or (b) Nothing in this section shall apply to a or any other Act shall be available to con- on Federal property, if the woman and her contract with— vert to contractor performance an activity child are otherwise authorized to be present (1) any of the following religious plans: or function of an executive agency, that on at the location. (A) Personal Care’s HMO; and or after the date of enactment of this Act, is SEC. 929. Nothwithstanding section 1346 of (B) OSF HealthPlans, Inc.; and performed by more than 10 Federal employ- title 31, United States Code, or section 910 of (2) any existing or future plan, if the car- ees unless— this Act, funds made available for the cur- rier for the plan objects to such coverage on (A) the conversion is based on the result of rent fiscal year by this or any other Act the basis of religious beliefs. a public-private competition that includes a shall be available for the interagency fund- (c) In implementing this section, any plan most efficient and cost effective organiza- ing of specific projects, workshops, studies, that enters into or renews a contract under tion plan developed by such activity or func- and similar efforts to carry out the purposes this section may not subject any individual tion; and of the National Science and Technology to discrimination on the basis that the indi- (B) the Competitive Sourcing Official de- Council (authorized by Executive Order No. vidual refuses to prescribe or otherwise pro- termines that, over all performance periods 12881), which benefit multiple Federal de- vide for contraceptives because such activi- stated in the solicitation of offers for per- partments, agencies, or entities: Provided, ties would be contrary to the individual’s re- formance of the activity or function, the That the Office of Management and Budget ligious beliefs or moral convictions. cost of performance of the activity or func- shall provide a report describing the budget (d) Nothing in this section shall be con- tion by a contractor would be less costly to of and resources connected with the National strued to require coverage of abortion or the executive agency by an amount that Science and Technology Council to the Com- abortion-related services. equals or exceeds the lesser of— mittees on Appropriations, the House Com- SEC. 934. The Congress of the United States (i) 10 percent of the most efficient organi- mittee on Science, and the Senate Com- recognizes the United States Anti-Doping zation’s personnel-related costs for perform- mittee on Commerce, Science, and Transpor- Agency (USADA) as the official anti-doping ance of that activity or function by Federal tation 90 days after enactment of this Act. agency for Olympic, Pan American, and employees; or SEC. 930. Any request for proposals, solici- Paralympic sport in the United States. (ii) $10,000,000. tation, grant application, form, notification, SEC. 935. Notwithstanding any other provi- (2) This paragraph shall not apply to— press release, or other publications involving sion of law, funds appropriated for official (A) the Department of Defense; the distribution of Federal funds shall indi- travel by Federal departments and agencies (B) section 44920 of title 49, United States cate the agency providing the funds, the may be used by such departments and agen- Code; Catalog of Federal Domestic Assistance cies, if consistent with Office of Management (C) a commercial or industrial type func- Number, as applicable, and the amount pro- and Budget Circular A–126 regarding official tion that— vided: Provided, That this provision shall travel for Government personnel, to partici- (i) is included on the procurement list es- apply to direct payments, formula funds, and pate in the fractional aircraft ownership tablished pursuant to section 2 of the Javits- grants received by a State receiving Federal pilot program. Wagner-O’Day Act (41 U.S.C. 47); or funds. SEC. 936. Notwithstanding any other provi- (ii) is planned to be converted to perform- SEC. 931. Subsection (f) of section 403 of sion of law, none of the funds appropriated or ance by a qualified nonprofit agency for the Public Law 103–356 (31 U.S.C. 501 note), as made available under this Act or any other blind or by a qualified nonprofit agency for amended, is repealed. appropriations Act may be used to imple- other severely handicapped individuals in ac- SEC. 932. (a) PROHIBITION OF FEDERAL AGEN- ment or enforce restrictions or limitations cordance with that Act; CY MONITORING OF INDIVIDUALS’ INTERNET on the Coast Guard Congressional Fellowship (D) depot contracts or contracts for depot USE.—None of the funds made available in Program, or to implement the proposed regu- maintenance as provided in sections 2469 and this or any other Act may be used by any lations of the Office of Personnel Manage- 2474 of title 10, United States Code; or Federal agency— ment to add sections 300.311 through 300.316 (E) activities that are the subject of an on- (1) to collect, review, or create any aggre- to part 300 of title 5 of the Code of Federal going competition that was publicly an- gation of data, derived from any means, that Regulations, published in the Federal Reg- nounced prior to the date of enactment of includes any personally identifiable informa- ister, volume 68, number 174, on September 9, this Act. tion relating to an individual’s access to or 2003 (relating to the detail of executive (b) USE OF PUBLIC-PRIVATE COMPETITION.— use of any Federal Government Internet site branch employees to the legislative branch). Nothing in Office of Management and Budget of the agency; or SEC. 937. Notwithstanding any other provi- Circular A–76 shall prevent the head of an ex- (2) to enter into any agreement with a sion of law, no executive branch agency shall ecutive agency from conducting a public-pri- third party (including another government purchase, construct, and/or lease any addi- vate competition to evaluate the benefits of agency) to collect, review, or obtain any ag- tional facilities, except within or contiguous converting work from contract performance gregation of data, derived from any means, to existing locations, to be used for the pur- to performance by Federal employees in ap- that includes any personally identifiable in- pose of conducting Federal law enforcement propriate instances. The Circular shall pro- formation relating to an individual’s access training without the advance approval of the vide procedures and policies for these com- to or use of any nongovernmental Internet Committees on Appropriations, except that petitions that are similar to those applied to site. the Federal Law Enforcement Training Cen- competitions that may result in the conver- (b) EXCEPTIONS.—The limitations estab- ter is authorized to obtain the temporary use sion of work from performance by Federal lished in subsection (a) shall not apply to— of additional facilities by lease, contract, or employees to performance by a contractor.

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SEC. 940. (a) The adjustment in rates of SEC. 944. Except as expressly provided oth- Garrett (NJ) Markey Sabo basic pay for employees under the statutory erwise, any reference to ‘‘this Act’’ con- Gerlach Marshall Sa´ nchez, Linda pay systems that takes effect in fiscal year tained in this title shall not apply to title V. Gilchrest Matheson T. 2007 under sections 5303 and 5304 of title 5, Gohmert Matsui Sanchez, Loretta SEQUENTIAL VOTES POSTPONED IN COMMITTEE Gonzalez McCarthy Sanders United States Code, shall be an increase of OF THE WHOLE Goode McCollum (MN) Saxton 2.7 percent, and this adjustment shall apply The Acting CHAIRMAN. Pursuant to Goodlatte McCotter Schakowsky to civilian employees in the Department of Gordon McDermott clause 6 of rule XVIII, proceedings will Schiff Defense and the Department of Homeland Green, Al McGovern Schwartz (PA) Security and such adjustments shall be effec- now resume on those amendments on Green, Gene McHugh Schwarz (MI) tive as of the first day of the first applicable which further proceedings were post- Gutierrez McIntyre Scott (GA) pay period beginning on or after January 1, poned, in the following order: Harman McKeon Scott (VA) Hastings (FL) McKinney Serrano 2007. Amendment by Mr. LATOURETTE of Hayes McNulty Shays (b) Notwithstanding section 913 of this Act, Herseth Meehan Ohio. Sherman the adjustment in rates of basic pay for the Higgins Meek (FL) Amendment by Ms. BEAN of Illinois. Shimkus statutory pay systems that take place in fis- Hinchey Meeks (NY) cal year 2007 under sections 5344 and 5348 of Amendment by Mr. ISRAEL of New Hinojosa Melancon Simmons Skelton title 5, United States Code, shall be no less York. Hoekstra Michaud Holden Millender- Slaughter than the percentage in paragraph (a) as em- Amendment by Mr. GARY G. MILLER Smith (NJ) ployees in the same location whose rates of Holt McDonald of California. Honda Miller (NC) Smith (WA) basic pay are adjusted pursuant to the statu- Amendment by Mr. NADLER of New Hooley Miller, George Snyder tory pay systems under section 5303 and 5304 York. Hoyer Mollohan Solis of title 5, United States Code. Prevailing Souder Amendment by Mr. DAVIS of Ala- Inslee Moore (KS) rate employees at locations where there are Israel Moore (WI) Spratt no employees whose pay is increased pursu- bama. Jackson (IL) Moran (KS) Stark ant to sections 5303 and 5304 of title 5 and Amendment by Ms. JACKSON-LEE of Jackson-Lee Moran (VA) Stupak prevailing rate employees described in sec- Texas. (TX) Murphy Sweeney Jefferson Murtha Tanner tion 5343(a)(5) of title 5 shall be considered to Amendment of Ms. HARRIS of Florida. Jindal Nadler Tauscher be located in the pay locality designated as Amendment by Ms. SLAUGHTER of Johnson (CT) Napolitano Taylor (MS) ‘‘Rest of US’’ pursuant to section 5304 of title New York. Johnson (IL) Neal (MA) Thompson (CA) Johnson, E. B. Ney 5 for purposes of this paragraph. Amendment of Ms. WATERS of Cali- Thompson (MS) (c) Funds used to carry out this section Jones (OH) Oberstar fornia. Tiberi shall be paid from appropriations, which are Kanjorski Obey Tierney made to each applicable department or agen- Amendment by Ms. HOOLEY of Or- Kaptur Olver Towns Kelly Ortiz cy for salaries and expenses for fiscal year egon. Turner Kennedy (RI) Osborne Udall (CO) 2007. The Chair will reduce to 2 minutes Kildee Owens Udall (NM) SEC. 941. Unless otherwise authorized by Kilpatrick (MI) Pallone the time for any electronic vote after Upton existing law, none of the funds provided in Kind Pascrell the first vote in this series. Van Hollen this Act or any other Act may be used by an King (NY) Pelosi Vela´ zquez AMENDMENT OFFERED BY MR. LATOURETTE Kirk Peterson (MN) executive branch agency to produce any pre- Visclosky Kucinich Pickering packaged news story intended for broadcast The Acting CHAIRMAN. The pending Walsh or distribution in the United States, unless business is the demand for a recorded Kuhl (NY) Platts LaHood Pomeroy Wasserman the story includes a clear notification within vote on the amendment offered by the Langevin Porter Schultz the text or audio of the prepackaged news gentleman from Ohio (Mr. Lantos Price (NC) Waters story that the prepackaged news story was Larsen (WA) Pryce (OH) Watson LATOURETTE) on which further pro- Watt prepared or funded by that executive branch ceedings were postponed and on which Larson (CT) Rahall agency. LaTourette Rangel Waxman Weiner SEC. 942. None of the funds made available the ayes prevailed by voice vote. Leach Regula Weldon (PA) in this Act may be used in contravention of The Clerk will redesignate the Lee Rehberg Weller section 552a of title 5, United States Code amendment. Levin Reyes Lewis (GA) Reynolds Wexler (popularly known as the Privacy Act) or of The Clerk redesignated the amend- Lipinski Ross Whitfield section 552.224 of title 48 of the Code of Fed- ment. LoBiondo Rothman Wolf eral Regulations. Lofgren, Zoe Roybal-Allard Woolsey RECORDED VOTE SEC. 943. Each executive department and Lowey Ruppersberger Wu agency shall evaluate the creditworthiness The Acting CHAIRMAN. A recorded Lynch Rush Wynn of an individual before issuing the individual vote has been demanded. Maloney Ryan (OH) Young (FL) a government travel charge card. The de- A recorded vote was ordered. NOES—158 partment or agency may not issue a govern- The vote was taken by electronic de- ment travel charge card to an individual vice, and there were—ayes 266, noes 158, Aderholt Cooper Hostettler Akin Crenshaw Hulshof that either lacks a credit history or is found not voting 8, as follows: to have an unsatisfactory credit history as a Alexander Cubin Hunter result of this evaluation: Provided, That this [Roll No. 263] Baker Culberson Inglis (SC) Barrett (SC) Davis (KY) Issa restriction shall not preclude issuance of a AYES—266 Bartlett (MD) Deal (GA) Istook restricted-use charge, debit, or stored value Abercrombie Butterfield DeFazio Barton (TX) Diaz-Balart, L. Jenkins card made in accordance with agency proce- Ackerman Capito DeGette Beauprez Diaz-Balart, M. Johnson, Sam dures to: (1) an individual with an unsatis- Allen Capps Delahunt Biggert Doolittle Jones (NC) factory credit history where such card is Andrews Capuano DeLauro Bilbray Drake Keller used to pay travel expenses and the agency Baca Cardin Dent Bilirakis Dreier Kennedy (MN) determines there is no suitable alternative Bachus Cardoza Dicks Bishop (UT) Duncan King (IA) Baird Carnahan Dingell Blackburn Everett Kingston payment mechanism available before issuing Baldwin Carson Doggett Blunt Flake Kline the card; or (2) an individual who lacks a Barrow Case Doyle Boehner Forbes Knollenberg credit history. Each executive department Bass Castle Edwards Bonilla Foxx Kolbe and agency shall establish guidelines and Bean Chandler Ehlers Bonner Franks (AZ) Latham procedures for disciplinary actions to be Becerra Clay Emanuel Bono Gallegly Lewis (CA) taken against agency personnel for im- Berkley Cleaver Emerson Boozman Gibbons Lewis (KY) proper, fraudulent, or abusive use of govern- Berman Clyburn Engel Boustany Gillmor Linder Berry Cole (OK) English (PA) Bradley (NH) Gingrey Lucas ment charge cards, which shall include ap- Bishop (GA) Conyers Eshoo Brady (TX) Granger Lungren, Daniel propriate disciplinary actions for use of Bishop (NY) Costa Etheridge Brown (SC) Graves E. charge cards for purposes, and at establish- Blumenauer Costello Farr Burgess Green (WI) Mack ments, that are inconsistent with the official Boehlert Cramer Fattah Buyer Grijalva Marchant business of the Department or agency or Boren Crowley Feeney Calvert Gutknecht McCaul (TX) with applicable standards of conduct. Boswell Cuellar Ferguson Camp (MI) Hall McCrery Boucher Cummings Filner Campbell (CA) Harris McHenry The Acting CHAIRMAN. Are there Boyd Davis (AL) Fitzpatrick (PA) Cannon Hart McMorris any points of order to that portion of Brady (PA) Davis (CA) Foley Cantor Hastings (WA) Mica the bill? If not, are there any amend- Brown (OH) Davis (FL) Ford Carter Hayworth Miller (FL) Brown, Corrine Davis (IL) Fortenberry Chabot Hefley Miller, Gary ments to that portion of the bill? Brown-Waite, Davis (TN) Fossella Chocola Hensarling Musgrave The Clerk will read. Ginny Davis, Jo Ann Frank (MA) Coble Herger Myrick The Clerk read as follows: Burton (IN) Davis, Tom Frelinghuysen Conaway Hobson Neugebauer

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.108 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3885 Northup Ramstad Smith (TX) Gutierrez Matsui Salazar Pitts Saxton Thomas Norwood Renzi Sodrel Harman McCarthy Sa´ nchez, Linda Poe Schmidt Thornberry Nunes Rogers (AL) Stearns Harris McCollum (MN) T. Pombo Schwarz (MI) Tiahrt Nussle Rogers (KY) Sullivan Hastings (FL) McDermott Sanchez, Loretta Price (GA) Sensenbrenner Tiberi Otter Rogers (MI) Tancredo Hayes McGovern Sanders Pryce (OH) Shadegg Turner Oxley Rohrabacher Taylor (NC) Herseth McIntyre Schakowsky Putnam Shaw Upton Pastor Ros-Lehtinen Terry Higgins McKinney Schiff Radanovich Sherwood Walden (OR) Paul Royce Thomas Hinchey McNulty Schwartz (PA) Regula Shuster Walsh Pearce Ryan (WI) Thornberry Rehberg Simpson Hinojosa Meehan Scott (GA) Wamp Pence Ryun (KS) Tiahrt Holden Meek (FL) Reynolds Smith (TX) Scott (VA) Weldon (FL) Peterson (PA) Salazar Walden (OR) Holt Meeks (NY) Rogers (AL) Sodrel Serrano Westmoreland Petri Schmidt Wamp Honda Melancon Shays Rogers (KY) Souder Pitts Sensenbrenner Weldon (FL) Hooley Michaud Rogers (MI) Stearns Whitfield Sherman Wicker Poe Shadegg Westmoreland Hoyer Millender- Shimkus Rohrabacher Stupak Pombo Shaw Wicker Inslee McDonald Ros-Lehtinen Sullivan Wilson (NM) Simmons Wilson (SC) Price (GA) Sherwood Wilson (NM) Israel Miller (NC) Skelton Royce Sweeney Putnam Shuster Wilson (SC) Ryan (WI) Wolf Jackson (IL) Miller, George Slaughter Tancredo Radanovich Simpson Young (AK) Ryun (KS) Taylor (NC) Young (AK) Jackson-Lee Mollohan Smith (NJ) (TX) Moore (KS) Smith (WA) NOT VOTING—8 Jefferson Moore (WI) NOT VOTING—8 Snyder Jindal Moran (VA) Evans Miller (MI) Sessions Solis Evans Miller (MI) Sessions Hyde Payne Johnson (CT) Murtha Hyde Payne Strickland Spratt Strickland Manzullo Reichert Johnson (IL) Nadler Manzullo Reichert Stark Johnson, E. B. Napolitano Tanner b 2121 Jones (OH) Neal (MA) ANNOUNCEMENT BY THE CHAIRMAN Kanjorski Oberstar Tauscher Taylor (MS) The CHAIRMAN (during the vote). Messrs. SALAZAR, CHOCOLA, SIMP- Kaptur Obey Members are advised there is 1 minute SON, MARCHANT, Mrs. SCHMIDT and Keller Olver Terry Thompson (CA) remaining in this vote. Mr. SULLIVAN changed their vote Kelly Ortiz Kennedy (RI) Owens Thompson (MS) from ‘‘aye’’ to ‘‘no.’’ Tierney Kildee Pallone b 2127 Messrs. HINOJOSA, GUTIERREZ, Kilpatrick (MI) Pascrell Towns Kind Pastor Udall (CO) Mr. THOMAS changed his vote from BURTON of Indiana and Ms. MCKIN- Udall (NM) Kirk Pelosi ‘‘aye’’ to ‘‘no.’’ NEY changed their vote from ‘‘no’’ to Kucinich Peterson (MN) Van Hollen ‘‘aye.’’ Langevin Platts Vela´ zquez Mr. SHAYS changed his vote from So the amendment was agreed to. Lantos Pomeroy Visclosky ‘‘no’’ to ‘‘aye.’’ Wasserman The result of the vote was announced Larsen (WA) Porter So the amendment was agreed to. Larson (CT) Price (NC) Schultz as above recorded. Leach Rahall Waters The result of the vote was announced AMENDMENT OFFERED BY MS. BEAN Lee Ramstad Watson as above recorded. Watt The CHAIRMAN. The pending busi- Levin Rangel Lewis (GA) Renzi Waxman f ness is the demand for a recorded vote Lipinski Reyes Weiner on the amendment offered by the gen- LoBiondo Ross Weldon (PA) Lowey Rothman Weller PERSONAL EXPLANATION tlewoman from Illinois (Ms. BEAN) on Lynch Roybal-Allard Wexler which further proceedings were post- Maloney Ruppersberger Woolsey Mr. REICHERT. Mr. Chairman, on June 13, poned and on which the noes prevailed Markey Rush Wu 2006, I missed the following rollcall votes: by voice vote. Marshall Ryan (OH) Wynn (1) Rollcall vote No. 263, an amendment to The Clerk will redesignate the Matheson Sabo Young (FL) H.R. 5576, the Transportation, Treasury, amendment. NOES—190 Housing and Urban Development, the Judici- ary, the District of Columbia and Independent The Clerk redesignated the amend- Aderholt Doolittle Kingston ment. Akin Drake Kline Agencies Appropriations Act, 2007—an RECORDED VOTE Alexander Dreier Knollenberg amendment to increase funding—by offsets— Bachus Duncan Kolbe for Amtrak by $214,000,000. Had I been The CHAIRMAN. A recorded vote has Baker Ehlers Kuhl (NY) been demanded. Barrett (SC) Emerson LaHood present, I would have voted ‘‘no.’’ A recorded vote was ordered. Bartlett (MD) English (PA) Latham (2) Rollcall Vote No. 264, an amendment to The CHAIRMAN. This will be a 2- Barton (TX) Everett LaTourette H.R. 5576, the Transportation, Treasury, Bass Feeney Lewis (CA) Housing and Urban Development, the Judici- minute vote. Beauprez Flake Lewis (KY) The vote was taken by electronic de- Biggert Forbes Linder ary, the District of Columbia and Independent vice, and there were—ayes 234, noes 190, Bishop (UT) Fortenberry Lofgren, Zoe Agencies Appropriations Act, 2007—an Blackburn Fossella Lucas amendment to increase funding—by offsets— not voting 8, as follows: Blunt Franks (AZ) Lungren, Daniel [Roll No. 264] Boehlert Frelinghuysen E. for the National Highway Traffic Safety Admin- Boehner Gallegly Mack istration Operations and Research by AYES—234 Bonilla Garrett (NJ) Marchant $6,700,000. Had I been present, I would have Abercrombie Capps DeLauro Bonner Gilchrest McCaul (TX) voted ‘‘aye.’’ Ackerman Cardin Dent Boozman Gillmor McCotter Allen Cardoza Dicks Boren Gingrey McCrery AMENDMENT OFFERED BY MR. ISRAEL Andrews Carnahan Dingell Boustany Goode McHenry The CHAIRMAN. The pending busi- Baca Carson Doggett Brady (TX) Goodlatte McHugh Baird Case Doyle Brown (SC) Granger McKeon ness is the demand for a recorded vote Baldwin Castle Edwards Burgess Graves McMorris on the amendment offered by the gen- Barrow Chabot Emanuel Burton (IN) Gutknecht Mica tleman from New York (Mr. ISRAEL) on Bean Chandler Engel Buyer Hall Miller (FL) which further proceedings were post- Becerra Clay Eshoo Calvert Hart Miller, Gary Berkley Cleaver Etheridge Camp (MI) Hastings (WA) Moran (KS) poned and on which the noes prevailed Berman Clyburn Farr Campbell (CA) Hayworth Murphy by voice vote. Berry Conyers Fattah Cannon Hefley Musgrave The Clerk will redesignate the Bilbray Cooper Ferguson Cantor Hensarling Myrick Bilirakis Costa Filner Capito Herger Neugebauer amendment. Bishop (GA) Costello Fitzpatrick (PA) Capuano Hobson Ney The Clerk redesignated the amend- Bishop (NY) Cramer Foley Carter Hoekstra Northup ment. Blumenauer Crowley Ford Chocola Hostettler Norwood Bono Cuellar Foxx Coble Hulshof Nunes RECORDED VOTE Boswell Cummings Frank (MA) Cole (OK) Hunter Nussle The CHAIRMAN. A recorded vote has Boucher Davis (AL) Gerlach Conaway Inglis (SC) Osborne been demanded. Boyd Davis (CA) Gibbons Crenshaw Issa Otter Bradley (NH) Davis (FL) Gohmert Cubin Istook Oxley A recorded vote was ordered. Brady (PA) Davis (IL) Gonzalez Culberson Jenkins Paul The CHAIRMAN. This will be a 2- Brown (OH) Davis (TN) Gordon Davis (KY) Johnson, Sam Pearce minute vote. Brown, Corrine Davis, Tom Green (WI) Davis, Jo Ann Jones (NC) Pence The vote was taken by electronic de- Brown-Waite, DeFazio Green, Al Deal (GA) Kennedy (MN) Peterson (PA) Ginny DeGette Green, Gene Diaz-Balart, L. King (IA) Petri vice, and there were—ayes 197, noes 228, Butterfield Delahunt Grijalva Diaz-Balart, M. King (NY) Pickering not voting 7, as follows:

VerDate Aug 31 2005 05:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.091 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3886 CONGRESSIONAL RECORD — HOUSE June 13, 2006 [Roll No. 265] Goodlatte Markey Ryun (KS) [Roll No. 266] Gordon McCotter Sabo AYES—197 Granger McCrery Saxton AYES—286 Graves McHenry Schmidt Abercrombie Gonzalez Moore (KS) Abercrombie Gohmert Ney Gutknecht McHugh Schwarz (MI) Ackerman Green (WI) Moore (WI) Ackerman Gonzalez Nussle Hall McKeon Sensenbrenner Allen Green, Al Moran (KS) Allen Gordon Harris McMorris Shadegg Oberstar Andrews Green, Gene Murtha Andrews Green (WI) Hart Mica Shaw Obey Baca Grijalva Nadler Baca Green, Al Hastings (WA) Olver Baldwin Gutierrez Napolitano Miller (FL) Shays Hayes Miller, Gary Sherwood Bachus Green, Gene Ortiz Barrow Harman Ney Hayworth Moran (VA) Shimkus Baldwin Grijalva Osborne Bean Hastings (FL) Oberstar Hefley Murphy Shuster Barrow Gutierrez Otter Beauprez Herseth Obey Hensarling Musgrave Simmons Bartlett (MD) Harman Owens Becerra Higgins Ortiz Herger Myrick Simpson Bass Harris Pallone Berkley Hinchey Owens Hobson Neal (MA) Smith (NJ) Bean Hart Pascrell Berman Hinojosa Pallone Hoekstra Neugebauer Smith (TX) Beauprez Hastings (FL) Pastor Berry Holden Pascrell Hostettler Northup Snyder Becerra Hastings (WA) Paul Bishop (NY) Holt Pelosi Berkley Herseth Blumenauer Hulshof Norwood Sodrel Pelosi Honda Pomeroy Berman Higgins Boehlert Hunter Nunes Souder Peterson (MN) Hooley Porter Berry Hinchey Boren Inglis (SC) Nussle Stearns Peterson (PA) Hoyer Price (GA) Biggert Hinojosa Boswell Issa Olver Sullivan Pickering Inslee Price (NC) Bilbray Holden Boucher Istook Osborne Sweeney Platts Israel Rahall Bishop (GA) Holt Brown (OH) Jenkins Otter Taylor (NC) Jackson (IL) Ramstad Bishop (NY) Honda Pombo Brown, Corrine Jindal Oxley Terry Jackson-Lee Rangel Blumenauer Hooley Pomeroy Burgess Johnson (IL) Pastor Thomas (TX) Reichert Bono Hoyer Porter Butterfield Johnson, Sam Paul Thompson (MS) Jefferson Renzi Boren Hunter Price (NC) Capps Jones (NC) Pearce Thornberry Johnson (CT) Reyes Boswell Inslee Pryce (OH) Capuano Johnson, E. B. Kaptur Pence Tiahrt Ross Boucher Israel Radanovich Cardin Jones (OH) Keller Peterson (MN) Tiberi Rothman Boyd Issa Rahall Cardoza Kanjorski Kennedy (MN) Peterson (PA) Turner Ruppersberger Bradley (NH) Jackson (IL) Ramstad Carnahan Kelly Kilpatrick (MI) Petri Upton Rush Brady (PA) Jackson-Lee Rangel Carson Kennedy (RI) King (IA) Pickering Visclosky Ryan (OH) Brown (OH) (TX) Reichert Case Kildee King (NY) Pitts Walden (OR) Salazar Brown, Corrine Jefferson Renzi Chandler Kind Kingston Platts Walsh Sa´ nchez, Linda Brown-Waite, Jindal Reyes Clay Kucinich Kirk Poe Wamp T. Ginny Johnson (CT) Reynolds Cleaver Langevin Kline Pombo Wasserman Sanchez, Loretta Burgess Johnson (IL) Rogers (AL) Clyburn Lantos Knollenberg Pryce (OH) Schultz Sanders Burton (IN) Johnson, E. B. Conyers Larsen (WA) Kolbe Putnam Weldon (FL) Rohrabacher Schakowsky Butterfield Jones (NC) Costa Kuhl (NY) Radanovich Weldon (PA) Ross Larson (CT) Calvert Jones (OH) Costello Schiff LaHood Regula Weller Rothman Latham Campbell (CA) Kanjorski Crowley Schwartz (PA) Lewis (CA) Rehberg Westmoreland Roybal-Allard LaTourette Capito Kaptur Cuellar Scott (GA) Lewis (KY) Reynolds Whitfield Royce Leach Capps Keller Cummings Scott (VA) Linder Rogers (AL) Wicker Ruppersberger Lee Capuano Kelly Davis (CA) Serrano LoBiondo Rogers (KY) Wilson (NM) Rush Levin Cardin Kennedy (MN) Davis (FL) Sherman Lucas Rogers (MI) Wilson (SC) Ryan (OH) Lewis (GA) Cardoza Kennedy (RI) Davis (IL) Skelton Lungren, Daniel Rohrabacher Wolf Ryun (KS) Lipinski Carnahan Kildee Davis (TN) Slaughter E. Ros-Lehtinen Woolsey Sabo Lofgren, Zoe Carson Kilpatrick (MI) Davis, Jo Ann Smith (WA) Lynch Roybal-Allard Wynn Lowey Case Kind Salazar DeFazio Solis Mack Royce Young (AK) ´ Maloney Castle King (NY) Sanchez, Linda DeGette Spratt Marchant Ryan (WI) Young (FL) Marshall Chabot Kucinich T. DeLauro Stark Matheson NOT VOTING—7 Chandler Langevin Sanchez, Loretta Dent Stupak Matsui Clay Lantos Sanders Dicks Tancredo Evans Miller (MI) Strickland McCarthy Cleaver Larsen (WA) Schakowsky Dingell Tanner Hyde Payne McCaul (TX) Clyburn Larson (CT) Schiff Doggett Tauscher Manzullo Sessions McCollum (MN) Conyers LaTourette Schwartz (PA) Doyle McDermott Taylor (MS) ANNOUNCEMENT BY THE CHAIRMAN Costa Lee Schwarz (MI) Duncan Thompson (CA) McGovern Costello Levin Scott (GA) Edwards Tierney The CHAIRMAN (during the vote). McIntyre Cramer Lewis (GA) Scott (VA) Ehlers Towns McKinney Members are advised there is 1 minute Crowley Lipinski Serrano Emanuel Udall (CO) McNulty remaining in this vote. Cuellar LoBiondo Shays Engel Udall (NM) Meehan Cummings Lofgren, Zoe Sherman Eshoo Meek (FL) Van Hollen b 2131 Davis (AL) Lowey Simmons Etheridge Meeks (NY) Vela´ zquez Davis (CA) Lynch Skelton Farr Melancon Waters Mr. MORAN of Virginia changed his Davis (FL) Maloney Slaughter Fattah Michaud Watson vote from ‘‘aye’’ to ‘‘no.’’ Davis (IL) Markey Smith (NJ) Filner Millender- Watt Mr. BOEHLERT changed his vote Davis (TN) Marshall Smith (WA) Fitzpatrick (PA) Waxman McDonald Davis, Jo Ann Matheson Ford Weiner from ‘‘no’’ to ‘‘aye.’’ Snyder Miller (NC) DeFazio Matsui Frank (MA) Wexler So the amendment was rejected. Solis Miller, George DeGette McCarthy Gibbons Mollohan Wu The result of the vote was announced Souder Delahunt McCaul (TX) Spratt as above recorded. DeLauro McCollum (MN) NOES—228 Stark AMENDMENT OFFERED BY MR. GARY G. MILLER Dent McCotter Stupak Aderholt Brown (SC) Delahunt OF CALIFORNIA Dicks McDermott Tancredo Akin Brown-Waite, Diaz-Balart, L. Dingell McGovern The CHAIRMAN. The pending busi- Tanner Alexander Ginny Diaz-Balart, M. Doggett McHugh Tauscher Bachus Burton (IN) Doolittle ness is the demand for a recorded vote Doolittle McIntyre Taylor (MS) Baird Buyer Drake Doyle McKeon on the amendment offered by the gen- Thompson (CA) Baker Calvert Dreier Drake McKinney ARY Thompson (MS) Barrett (SC) Camp (MI) Emerson tleman from California (Mr. G G. Duncan McMorris Tiahrt Bartlett (MD) Campbell (CA) English (PA) MILLER) on which further proceedings Edwards McNulty Tiberi Barton (TX) Cannon Everett Ehlers Meehan were postponed and on which the noes Tierney Bass Cantor Feeney prevailed by voice vote. Emanuel Meek (FL) Biggert Capito Ferguson Engel Meeks (NY) Towns Bilbray Carter Flake The Clerk will redesignate the Eshoo Melancon Turner Bilirakis Castle Foley amendment. Etheridge Michaud Udall (CO) Bishop (GA) Chabot Forbes The Clerk redesignated the amend- Farr Millender- Udall (NM) Van Hollen Bishop (UT) Chocola Fortenberry ment. Fattah McDonald Blackburn Coble Fossella Ferguson Miller (NC) Vela´ zquez Blunt Cole (OK) Foxx RECORDED VOTE Filner Miller, Gary Visclosky Boehner Conaway Franks (AZ) The CHAIRMAN. A recorded vote has Fitzpatrick (PA) Miller, George Walden (OR) Bonilla Cooper Frelinghuysen been demanded. Foley Mollohan Wasserman Bonner Cramer Gallegly Ford Moore (KS) Schultz Bono Crenshaw Garrett (NJ) A recorded vote was ordered. Fortenberry Moore (WI) Waters Boozman Cubin Gerlach The CHAIRMAN. This will be a 2- Fossella Murphy Watson Boustany Culberson Gilchrest minute vote. Frank (MA) Murtha Watt Boyd Davis (AL) Gillmor The vote was taken by electronic de- Gallegly Nadler Waxman Bradley (NH) Davis (KY) Gingrey Garrett (NJ) Napolitano Weiner Brady (PA) Davis, Tom Gohmert vice, and there were—ayes 286, noes 139, Gerlach Neal (MA) Weldon (PA) Brady (TX) Deal (GA) Goode not voting 7, as follows: Gibbons Neugebauer Weller

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.093 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3887 Wexler Wilson (NM) Wu [Roll No. 267] Conaway Istook Pryce (OH) Whitfield Woolsey Wynn Crenshaw Jenkins Putnam AYES—243 Cubin Johnson (IL) Regula NOES—139 Abercrombie Gonzalez Murphy Culberson Johnson, Sam Rehberg Aderholt Gilchrest Myrick Ackerman Gordon Murtha Davis (KY) King (IA) Reynolds Akin Gillmor Northup Allen Green (WI) Nadler Davis, Tom Kingston Rogers (AL) Alexander Gingrey Norwood Andrews Green, Al Napolitano Deal (GA) Kirk Rogers (KY) Baird Goode Nunes Baca Green, Gene Neal (MA) Dent Kline Rogers (MI) Diaz-Balart, L. Knollenberg Rohrabacher Baker Goodlatte Oxley Baird Grijalva Nussle Diaz-Balart, M. Kolbe Ros-Lehtinen Barrett (SC) Granger Pearce Baldwin Gutierrez Oberstar Doolittle LaHood Royce Barton (TX) Graves Pence Barrow Harman Obey Drake Latham Ryun (KS) Bilirakis Gutknecht Petri Bartlett (MD) Harris Olver Dreier Lewis (CA) Saxton Bishop (UT) Hall Pitts Bean Hastings (FL) Ortiz Blackburn Hayes Poe Becerra Herseth Duncan Lewis (KY) Schmidt Owens Everett Linder Blunt Hayworth Price (GA) Berkley Higgins Schwartz (PA) Pallone Feeney LoBiondo Schwarz (MI) Boehlert Hefley Putnam Berman Hinchey Pascrell Flake Lucas Shadegg Boehner Hensarling Regula Berry Hinojosa Pastor Foley Lungren, Daniel Shaw Bonilla Herger Rehberg Bishop (GA) Holt Paul Forbes E. Sherwood Bonner Hobson Rogers (KY) Bishop (NY) Honda Boozman Hoekstra Pelosi Fortenberry Mack Shimkus Rogers (MI) Bishop (UT) Hooley Boustany Hostettler Peterson (MN) Foxx Marchant Shuster Ros-Lehtinen Blackburn Hoyer Brady (TX) Hulshof Platts Franks (AZ) McCaul (TX) Simpson Ryan (WI) Blumenauer Inslee Brown (SC) Inglis (SC) Pomeroy Frelinghuysen McCrery Smith (TX) Saxton Boehlert Israel Buyer Istook Price (NC) Gallegly McHenry Sodrel Schmidt Boren Issa Camp (MI) Jenkins Boswell Rahall Garrett (NJ) McKeon Souder Sensenbrenner Jackson (IL) Cannon Johnson, Sam Boucher Jackson-Lee Ramstad Gibbons McMorris Stearns Shadegg Cantor King (IA) Boustany (TX) Rangel Gillmor Mica Sullivan Shaw Carter Kingston Boyd Jefferson Reichert Gingrey Miller (FL) Sweeney Sherwood Chocola Kirk Bradley (NH) Jindal Renzi Gohmert Miller, Gary Tancredo Shimkus Coble Kline Brady (PA) Johnson (CT) Reyes Goode Musgrave Tanner Shuster Cole (OK) Knollenberg Brown (OH) Johnson, E. B. Ross Goodlatte Myrick Taylor (NC) Conaway Kolbe Simpson Brown, Corrine Jones (NC) Rothman Granger Neugebauer Terry Cooper Kuhl (NY) Smith (TX) Butterfield Jones (OH) Roybal-Allard Graves Ney Thornberry Crenshaw LaHood Sodrel Capito Kanjorski Ruppersberger Gutknecht Northup Tiahrt Cubin Latham Stearns Capps Kaptur Rush Hall Norwood Tiberi Culberson Leach Sullivan Capuano Keller Ryan (OH) Hart Nunes Turner Davis (KY) Lewis (CA) Sweeney Cardin Kelly Ryan (WI) Hastings (WA) Osborne Upton Davis, Tom Lewis (KY) Taylor (NC) Cardoza Kennedy (MN) Sabo Hayes Otter Walden (OR) Deal (GA) Linder Terry Carnahan Kennedy (RI) Salazar Hayworth Oxley Walsh Diaz-Balart, L. Lucas Thomas Carson Kildee Sa´ nchez, Linda Hefley Pearce Wamp Diaz-Balart, M. Lungren, Daniel Thornberry Case Kilpatrick (MI) T. Hensarling Pence Weldon (FL) Dreier E. Upton Castle Kind Sanchez, Loretta Herger Peterson (PA) Weller Emerson Mack Walsh Chandler King (NY) Sanders Hobson Petri Westmoreland English (PA) Marchant Wamp Clay Kucinich Schakowsky Hoekstra Pickering Whitfield Everett McCrery Weldon (FL) Cleaver Kuhl (NY) Schiff Holden Pitts Wicker Hostettler Poe Feeney McHenry Westmoreland Clyburn Langevin Scott (GA) Wilson (SC) Hulshof Pombo Wolf Flake Mica Wicker Conyers Lantos Scott (VA) Hunter Porter Young (AK) Forbes Miller (FL) Wilson (SC) Cooper Larsen (WA) Sensenbrenner Inglis (SC) Price (GA) Young (FL) Foxx Moran (KS) Wolf Costa Larson (CT) Serrano Franks (AZ) Moran (VA) Young (AK) Costello LaTourette Shays Frelinghuysen Musgrave Young (FL) NOT VOTING—11 Cramer Leach Sherman Crowley Lee NOT VOTING—7 Simmons Buyer Manzullo Sessions Cuellar Levin Skelton Cannon Miller (MI) Strickland Evans Miller (MI) Strickland Cummings Lewis (GA) Slaughter Evans Payne Thomas Hyde Payne Davis (AL) Lipinski Smith (NJ) Hyde Radanovich Manzullo Sessions Davis (CA) Lofgren, Zoe Smith (WA) Davis (FL) Lowey ANNOUNCEMENT BY THE CHAIRMAN Snyder ANNOUNCEMENT BY THE CHAIRMAN Davis (IL) Lynch Solis Davis (TN) Maloney The CHAIRMAN (during the vote). The CHAIRMAN (during the vote). Spratt Davis, Jo Ann Markey The Chair advises Members there is 1 Members are advised 1 minute remains Stark DeFazio Marshall minute remaining in this vote. in this vote. DeGette Matheson Stupak Delahunt Matsui Tauscher b 2136 DeLauro McCarthy Taylor (MS) b 2139 Thompson (CA) Mr. ROHRABACHER, Mr. CONYERS Dicks McCollum (MN) Dingell McCotter Thompson (MS) So the amendment was agreed to. and Miss MCMORRIS changed their Doggett McDermott Tierney vote from ‘‘no’’ to ‘‘aye.’’ Doyle McGovern Towns The result of the vote was announced So the amendment was agreed to. Edwards McHugh Udall (CO) as above recorded. Ehlers McIntyre Udall (NM) AMENDMENT OFFERED BY MR. DAVIS OF The result of the vote was announced Emanuel McKinney Van Hollen as above recorded. Emerson McNulty Vela´ zquez ALABAMA Visclosky AMENDMENT OFFERED BY MR. NADLER Engel Meehan The CHAIRMAN. The pending busi- English (PA) Meek (FL) Wasserman The CHAIRMAN. The pending busi- Eshoo Meeks (NY) Schultz ness is the demand for a recorded vote ness is the demand for a recorded vote Etheridge Melancon Waters on the amendment offered by the gen- on the amendment offered by the gen- Farr Michaud Watson tleman from Alabama (Mr. DAVIS) on Fattah Millender- Watt which further proceedings were post- tleman from New York (Mr. NADLER) Ferguson McDonald Waxman on which further proceedings were Filner Miller (NC) Weiner poned and on which the noes prevailed postponed and on which the noes pre- Fitzpatrick (PA) Miller, George Weldon (PA) by voice vote. vailed by voice vote. Ford Mollohan Wexler The Clerk will redesignate the Fossella Moore (KS) Wilson (NM) The Clerk will redesignate the Frank (MA) Moore (WI) Woolsey amendment. amendment. Gerlach Moran (KS) Wu The Clerk redesignated the amend- The Clerk redesignated the amend- Gilchrest Moran (VA) Wynn ment. ment. NOES—178 RECORDED VOTE RECORDED VOTE Aderholt Bilirakis Burgess The CHAIRMAN. A recorded vote has The CHAIRMAN. A recorded vote has Akin Blunt Burton (IN) been demanded. been demanded. Alexander Boehner Calvert Bachus Bonilla Camp (MI) A recorded vote was ordered. A recorded vote was ordered. Baker Bonner Campbell (CA) The CHAIRMAN. This will be a 2- Barrett (SC) Bono Cantor The CHAIRMAN. This will be a 2- minute vote. Barton (TX) Boozman Carter minute vote. The vote was taken by electronic de- Bass Brady (TX) Chabot The vote was taken by electronic de- Beauprez Brown (SC) Chocola vice, and there were—ayes 243, noes 178, Biggert Brown-Waite, Coble vice, and there were—ayes 262, noes 162, not voting 11, as follows: Bilbray Ginny Cole (OK) not voting 8, as follows:

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.094 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3888 CONGRESSIONAL RECORD — HOUSE June 13, 2006 [Roll No. 268] Bonilla Gutknecht Oxley [Roll No. 269] Boozman Hall Pearce AYES—262 Bradley (NH) Hastings (WA) Pence AYES—193 Abercrombie Green, Al Oberstar Brady (TX) Hayes Peterson (PA) Abercrombie Gutierrez Napolitano Ackerman Green, Gene Obey Brown (SC) Hefley Pitts Ackerman Harris Neal (MA) Allen Grijalva Olver Burgess Hensarling Pombo Allen Hastings (FL) Oberstar Andrews Gutierrez Ortiz Burton (IN) Herger Price (GA) Andrews Herseth Obey Baca Harris Owens Buyer Hobson Putnam Baca Higgins Ortiz Calvert Hoekstra Bachus Hart Pallone Radanovich Baldwin Hinchey Owens Camp (MI) Hostettler Baird Hastings (FL) Pascrell Regula Barrow Hinojosa Pallone Campbell (CA) Hunter Baldwin Hayworth Pastor Rehberg Barton (TX) Holden Pascrell Cannon Inglis (SC) Barrett (SC) Herseth Paul Reynolds Becerra Holt Paul Cantor Istook Barrow Higgins Pelosi Rogers (KY) Berkley Honda Pelosi Carter Johnson (CT) Bartlett (MD) Hinchey Peterson (MN) Rogers (MI) Berman Hooley Pomeroy Chabot Johnson (IL) Bean Hinojosa Petri Rohrabacher Berry Hoyer Porter Becerra Holden Pickering Chocola Johnson, Sam Bishop (GA) Inslee Coble Keller Ros-Lehtinen Rahall Berkley Holt Platts Royce Bishop (NY) Israel Ramstad Berman Honda Poe Cole (OK) Kelly Blumenauer Jackson (IL) Ryan (WI) Rangel Berry Hooley Pomeroy Conaway King (IA) Boren Jackson-Lee Ryun (KS) Renzi Bishop (GA) Hoyer Porter Crenshaw King (NY) Boswell (TX) Schmidt Reyes Bishop (NY) Hulshof Price (NC) Cubin Kingston Boucher Jefferson Shadegg Ross Blumenauer Inslee Pryce (OH) Culberson Kirk Brady (PA) Johnson, E. B. Davis (KY) Kline Shaw Rothman Bonner Israel Rahall Brown (OH) Jones (NC) Roybal-Allard Bono Issa Ramstad Davis, Tom Knollenberg Sherwood Brown, Corrine Jones (OH) Deal (GA) Kolbe Shimkus Ruppersberger Boren Jackson (IL) Rangel Butterfield Kanjorski Rush Boswell Jackson-Lee Diaz-Balart, L. LaHood Shuster Capps Kaptur Reichert Ryan (OH) Boucher (TX) Renzi Doolittle Latham Simpson Capuano Keller Salazar Boustany Jefferson Reyes Drake Lewis (CA) Smith (TX) Cardin Kennedy (MN) Sa´ nchez, Linda Boyd Jenkins Rogers (AL) Dreier Lewis (KY) Sodrel Carnahan Kennedy (RI) T. Brady (PA) Jindal Ross Duncan Linder Sullivan Carson Kildee Sanchez, Loretta Brown (OH) Johnson, E. B. Rothman Ehlers Lucas Sweeney Case Kilpatrick (MI) Sanders Brown, Corrine Jones (NC) Roybal-Allard English (PA) Lungren, Daniel Tancredo Chandler Kind Schakowsky Brown-Waite, Jones (OH) Ruppersberger Everett E. Taylor (NC) Clay Kucinich Schiff Ginny Kanjorski Rush Feeney Marchant Terry Cleaver Langevin Schwartz (PA) Butterfield Kaptur Ryan (OH) Flake McCrery Thomas Clyburn Lantos Forbes McHenry Scott (GA) Capito Kennedy (MN) Sabo Thornberry Conyers Larsen (WA) Fortenberry McKeon Scott (VA) Capps Kennedy (RI) Salazar Tiahrt Costa Larson (CT) Fossella McMorris Serrano Capuano Kildee Sa´ nchez, Linda Walden (OR) Costello Lee Foxx Mica Shadegg Cardin Kilpatrick (MI) T. Walsh Crowley Levin Cardoza Kind Sanchez, Loretta Franks (AZ) Miller (FL) Cuellar Lewis (GA) Sherman Frelinghuysen Miller, Gary Wamp Shimkus Carnahan Kucinich Sanders Weldon (FL) Cummings Lipinski Carson Kuhl (NY) Gallegly Murphy Davis (AL) Lofgren, Zoe Skelton Saxton Weller Case Langevin Schakowsky Garrett (NJ) Musgrave Davis (CA) Lowey Smith (WA) Westmoreland Castle Lantos Schiff Gillmor Neugebauer Davis (FL) Lynch Snyder Wicker Chandler Larsen (WA) Schwartz (PA) Gingrey Northup Davis (IL) Maloney Solis Wilson (NM) Clay Larson (CT) Schwarz (MI) Gohmert Norwood Davis, Jo Ann Markey Spratt Cleaver LaTourette Scott (GA) Goode Nunes Wilson (SC) DeFazio Marshall Stark Clyburn Leach Scott (VA) Goodlatte Nussle Wolf DeGette Matsui Stupak Conyers Lee Sensenbrenner Granger Osborne Young (AK) Delahunt McCarthy Tanner Cooper Levin Serrano Green (WI) Otter Young (FL) DeLauro McDermott Tauscher Costa Lewis (GA) Shays Dingell McGovern Taylor (MS) Costello Lipinski Sherman NOT VOTING—8 Doggett McIntyre Thompson (MS) Cramer LoBiondo Simmons Evans Manzullo Sessions Doyle McKinney Tierney Crowley Lofgren, Zoe Skelton Harman Miller (MI) Strickland Emanuel McNulty Towns Cuellar Lowey Slaughter Hyde Payne Emerson Meehan Udall (CO) Cummings Lynch Smith (NJ) Engel Meek (FL) Udall (NM) Davis (AL) Mack Smith (WA) ANNOUNCEMENT BY THE CHAIRMAN Eshoo Meeks (NY) Van Hollen Davis (CA) Maloney Snyder Etheridge Melancon Vela´ zquez Davis (FL) Markey Solis The CHAIRMAN (during the vote). Fattah Michaud Wasserman Davis (IL) Marshall Souder The Chair advises Members 1 minute Filner Millender- Schultz Davis (TN) Matheson Spratt remains in this vote. Fitzpatrick (PA) McDonald Waters Davis, Jo Ann Matsui Stark Ford Miller (NC) Watson DeFazio McCarthy Stearns Gibbons Mollohan Watt DeGette McCaul (TX) Stupak b 2142 Gilchrest Moore (KS) Waxman Delahunt McCollum (MN) Tanner Gonzalez Moore (WI) Weiner DeLauro McCotter Tauscher So the amendment was agreed to. Green (WI) Moran (KS) Wexler Dent McDermott Taylor (MS) Green, Al Moran (VA) Wilson (NM) Diaz-Balart, M. McGovern Thompson (CA) The result of the vote was announced Green, Gene Murtha Wu Dicks McHugh Thompson (MS) as above recorded. Grijalva Nadler Wynn Dingell McIntyre Tiberi AMENDMENT OFFERED BY MS. JACKSON-LEE OF Doggett McKinney Tierney NOES—230 TEXAS Doyle McNulty Towns Aderholt Brown-Waite, Dent Edwards Meehan Turner The CHAIRMAN. The pending busi- Akin Ginny Diaz-Balart, L. Emanuel Meek (FL) Udall (CO) Alexander Burgess Diaz-Balart, M. Emerson Meeks (NY) Udall (NM) ness is the demand for a recorded vote on the amendment offered by the gen- Bachus Burton (IN) Dicks Engel Melancon Upton Baird Buyer Doolittle Eshoo Michaud Van Hollen tlewoman from Texas (Ms. JACKSON- Baker Calvert Drake ´ Etheridge Millender- Velazquez LEE) on which further proceedings were Barrett (SC) Camp (MI) Dreier Farr McDonald Visclosky postponed and on which the noes pre- Bartlett (MD) Campbell (CA) Duncan Fattah Miller (NC) Wasserman Bass Cannon Edwards Ferguson Miller, George Schultz vailed by voice vote. Bean Cantor Ehlers Filner Mollohan Waters The Clerk will redesignate the Beauprez Capito English (PA) Fitzpatrick (PA) Moore (KS) Watson amendment. Biggert Cardoza Everett Foley Moore (WI) Watt Bilbray Carter Farr Ford Moran (KS) Waxman The Clerk redesignated the amend- Bilirakis Castle Feeney Frank (MA) Moran (VA) Weiner ment. Bishop (UT) Chabot Ferguson Gerlach Murtha Weldon (PA) Blackburn Chocola Flake Gibbons Myrick Wexler RECORDED VOTE Blunt Coble Foley Gilchrest Nadler Whitfield The CHAIRMAN. A recorded vote has Boehlert Cole (OK) Forbes Gonzalez Napolitano Woolsey Boehner Conaway Fortenberry Gordon Neal (MA) Wu been demanded. Bonilla Cooper Fossella Graves Ney Wynn A recorded vote was ordered. Bonner Cramer Foxx Bono Crenshaw Frank (MA) NOES—162 The CHAIRMAN. This will be a 2- Boozman Cubin Franks (AZ) Aderholt Bass Bishop (UT) minute vote. Boustany Culberson Frelinghuysen Akin Beauprez Blackburn The vote was taken by electronic de- Boyd Davis (KY) Gallegly Alexander Biggert Blunt Bradley (NH) Davis (TN) Garrett (NJ) Baker Bilbray Boehlert vice, and there were—ayes 193, noes 230, Brady (TX) Davis, Tom Gerlach Barton (TX) Bilirakis Boehner not voting 9, as follows: Brown (SC) Deal (GA) Gillmor

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.109 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3889 Gingrey Marchant Ros-Lehtinen [Roll No. 270] Shays Taylor (NC) Waters Gohmert Matheson Royce Sherman Terry Watson Goode McCaul (TX) Ryan (WI) AYES—335 Simmons Thompson (CA) Watt Goodlatte McCollum (MN) Skelton Thompson (MS) Ryun (KS) Abercrombie Engel Markey Waxman Gordon McCotter Slaughter Tiahrt Sabo Ackerman Eshoo Marshall Weiner Granger McCrery Smith (NJ) Tiberi Saxton Aderholt Etheridge Matheson Weldon (FL) Graves McHugh Smith (WA) Tierney Schmidt Akin Everett Matsui Weldon (PA) Gutknecht McKeon Snyder Towns Schwarz (MI) Allen Farr McCarthy Weller Hall McMorris Sodrel Turner Sensenbrenner Wexler Hart Mica Andrews Fattah McCaul (TX) Solis Udall (CO) Shaw Whitfield Hastings (WA) Miller (FL) Baca Ferguson McCollum (MN) Souder Udall (NM) Shays Wicker Hayes Miller, Gary Bachus Fitzpatrick (PA) McCotter Spratt Upton Sherwood Hayworth Miller, George Baldwin Foley McGovern Stark Van Hollen Wilson (NM) Shuster Hefley Murphy Barrow Ford McHugh Stearns Vela´ zquez Wolf Simmons Hensarling Musgrave Bartlett (MD) Fortenberry McIntyre Stupak Walden (OR) Woolsey Herger Myrick Simpson Barton (TX) Fossella McKeon Tanner Wamp Wu Hobson Neugebauer Slaughter Bass Frank (MA) McKinney Tauscher Wasserman Wynn Hoekstra Ney Smith (NJ) Bean Franks (AZ) McMorris Taylor (MS) Schultz Young (FL) Hostettler Northup Smith (TX) Beauprez Frelinghuysen McNulty Hulshof Norwood Sodrel Becerra Gallegly Meehan NOES—90 Souder Berkley Gerlach Meek (FL) Hunter Nunes Alexander Goode Neugebauer Stearns Berman Gibbons Meeks (NY) Inglis (SC) Nussle Baird Goodlatte Northup Sullivan Berry Gilchrest Melancon Issa Olver Baker Granger Norwood Istook Osborne Sweeney Biggert Gillmor Mica Bilbray Gohmert Michaud Barrett (SC) Graves Nunes Jenkins Otter Tancredo Blunt Hastings (WA) Olver Jindal Oxley Taylor (NC) Bilirakis Gonzalez Millender- Bishop (GA) Gordon McDonald Boehner Hayes Oxley Johnson (CT) Pastor Terry Bonilla Hefley Pence Johnson (IL) Pearce Thomas Bishop (NY) Green (WI) Miller (NC) Bishop (UT) Green, Al Miller, George Boustany Hensarling Radanovich Johnson, Sam Pence Thompson (CA) Blackburn Green, Gene Mollohan Brady (TX) Herger Rangel Kelly Peterson (MN) Thornberry Blumenauer Grijalva Moore (KS) Brown (SC) Hoekstra Rogers (KY) King (IA) Peterson (PA) Tiahrt Boehlert Gutierrez Moore (WI) Buyer Inglis (SC) Rohrabacher King (NY) Petri Tiberi Bonner Gutknecht Moran (KS) Campbell (CA) Istook Ros-Lehtinen Kingston Pickering Turner Cannon Jindal Ryan (WI) Kirk Pitts Bono Hall Moran (VA) Upton Boozman Harman Murphy Cantor Johnson, Sam Sabo Kline Platts Visclosky Carter King (IA) Shadegg Knollenberg Poe Boren Harris Murtha Walden (OR) Conaway Knollenberg Sherwood Kolbe Pombo Boswell Hart Nadler Walsh Culberson Kolbe Shimkus Kuhl (NY) Price (GA) Boucher Hastings (FL) Napolitano Wamp Boyd Hayworth Ney Davis (KY) Larsen (WA) Shuster LaHood Price (NC) Deal (GA) Lewis (CA) Simpson Latham Pryce (OH) Weldon (FL) Bradley (NH) Herseth Nussle Weldon (PA) Brady (PA) Higgins Oberstar Diaz-Balart, L. Linder Smith (TX) LaTourette Putnam Diaz-Balart, M. Lucas Sullivan Leach Radanovich Weller Brown (OH) Hinchey Obey Westmoreland Brown, Corrine Hinojosa Ortiz Dreier Marchant Sweeney Lewis (CA) Regula English (PA) McCrery Tancredo Lewis (KY) Rehberg Whitfield Brown-Waite, Hobson Osborne Wicker Ginny Holden Otter Feeney McDermott Thomas Linder Reichert Filner McHenry Thornberry Wilson (SC) Burgess Holt Owens LoBiondo Reynolds Flake Miller (FL) Visclosky Wolf Burton (IN) Honda Pallone Lucas Rogers (AL) Forbes Miller, Gary Walsh Woolsey Butterfield Hooley Pascrell Lungren, Daniel Rogers (KY) Foxx Musgrave Westmoreland Young (AK) Calvert Hostettler Pastor E. Rogers (MI) Garrett (NJ) Myrick Wilson (SC) Mack Rohrabacher Young (FL) Camp (MI) Hoyer Paul Capito Hulshof Pearce Gingrey Neal (MA) Young (AK) NOT VOTING—9 Capps Hunter Pelosi NOT VOTING—7 Evans Manzullo Payne Capuano Inslee Peterson (MN) Harman McHenry Sessions Cardin Israel Peterson (PA) Evans Miller (MI) Strickland Hyde Miller (MI) Strickland Cardoza Issa Petri Hyde Payne Carnahan Jackson (IL) Pickering Manzullo Sessions ANNOUNCEMENT BY THE CHAIRMAN Carson Jackson-Lee Pitts Case (TX) Platts ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN (during the vote). Castle Jefferson Poe Members are advised that there is 1 Chabot Jenkins Pombo The CHAIRMAN (during the vote). minute remaining on this vote. Chandler Johnson (CT) Pomeroy Members are advised that there is 1 Chocola Johnson (IL) Porter minute remaining in this vote. b 2145 Clay Johnson, E. B. Price (GA) Cleaver Jones (NC) Price (NC) So the amendment was rejected. Clyburn Jones (OH) Pryce (OH) b 2149 The result of the vote was announced Coble Kanjorski Putnam as above recorded. Cole (OK) Kaptur Rahall So the amendment was agreed to. Conyers Keller Ramstad Stated against: Cooper Kelly Regula The result of the vote was announced Mr. MCHENRY. Mr. Chairman, on rollcall Costa Kennedy (MN) Rehberg as above recorded. No. 269 I was unavoidably detained. Had I Costello Kennedy (RI) Reichert AMENDMENT OFFERED BY MS. SLAUGHTER been present, I would have voted ‘‘no.’’ Cramer Kildee Renzi Crenshaw Kilpatrick (MI) Reyes The CHAIRMAN. The pending busi- AMENDMENT OFFERED BY MS. HARRIS Crowley Kind Reynolds The CHAIRMAN. The pending busi- Cubin King (NY) Rogers (AL) ness is the demand for a recorded vote ness is the demand for a recorded vote Cuellar Kingston Rogers (MI) on the amendment offered by the gen- Cummings Kirk Ross tlewoman from New York (Ms. SLAUGH- on the amendment offered by the gen- Davis (AL) Kline Rothman TER) on which further proceedings were tlewoman from Florida (Ms. HARRIS) on Davis (CA) Kucinich Roybal-Allard which further proceedings were post- Davis (FL) Kuhl (NY) Royce postponed and on which the noes pre- Davis (IL) LaHood Ruppersberger vailed by voice vote. poned and on which the noes prevailed Davis (TN) Langevin Rush by voice vote. Davis, Jo Ann Lantos Ryan (OH) The Clerk will redesignate the The Clerk will redesignate the Davis, Tom Larson (CT) Ryun (KS) amendment. DeFazio Latham Salazar amendment. DeGette LaTourette Sa´ nchez, Linda The Clerk redesignated the amend- The Clerk redesignated the amend- Delahunt Leach T. ment. DeLauro Lee Sanchez, Loretta ment. RECORDED VOTE Dent Levin Sanders RECORDED VOTE Dicks Lewis (GA) Saxton The CHAIRMAN. A recorded vote has The CHAIRMAN. A recorded vote has Dingell Lewis (KY) Schakowsky been demanded. been demanded. Doggett Lipinski Schiff Doolittle LoBiondo Schmidt A recorded vote was ordered. A recorded vote was ordered. Doyle Lofgren, Zoe Schwartz (PA) The CHAIRMAN. This will be a 2- Drake Lowey Schwarz (MI) The CHAIRMAN. This will be a 2- minute vote. Duncan Lungren, Daniel Scott (GA) minute vote. The vote was taken by electronic de- Edwards E. Scott (VA) The vote was taken by electronic de- Ehlers Lynch Sensenbrenner vice, and there were—ayes 335, noes 90, Emanuel Mack Serrano vice, and there were—ayes 233, noes 190, not voting 7, as follows: Emerson Maloney Shaw not voting 9, as follows:

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.110 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3890 CONGRESSIONAL RECORD — HOUSE June 13, 2006 [Roll No. 271] Davis (KY) Johnson (CT) Price (GA) Baldwin Hart Obey Davis, Jo Ann Johnson, Sam Pryce (OH) Barrow Hastings (FL) Olver AYES—233 Davis, Tom Keller Putnam Bean Herseth Ortiz Abercrombie Green, Gene Ney Deal (GA) Kelly Radanovich Becerra Higgins Owens Ackerman Grijalva Nussle Diaz-Balart, L. King (IA) Regula Berkley Hinchey Pallone Allen Gutierrez Oberstar Diaz-Balart, M. King (NY) Rehberg Berman Hinojosa Pascrell Andrews Harman Obey Doolittle Kingston Reynolds Berry Holden Pastor Baca Hastings (FL) Olver Drake Kline Rogers (AL) Bishop (GA) Holt Pelosi Baird Herseth Ortiz Dreier Knollenberg Rogers (KY) Bishop (NY) Honda Peterson (MN) Baldwin Higgins Osborne Duncan Kolbe Rogers (MI) Blumenauer Hooley Platts Barrow Hinchey Owens Emerson Kuhl (NY) Rohrabacher Boren Hoyer Pomeroy Barton (TX) Hinojosa Pallone Everett LaTourette Ros-Lehtinen Boswell Inslee Price (NC) Bean Holden Pascrell Feeney Lewis (CA) Royce Boucher Israel Rahall Becerra Holt Pastor Flake Lewis (KY) Ryan (WI) Boyd Jackson (IL) Ramstad Berkley Honda Pelosi Foley Linder Ryun (KS) Brady (PA) Jackson-Lee Rangel Berman Hooley Platts Forbes Lucas Saxton Brown (OH) (TX) Reichert Berry Hoyer Pomeroy Fossella Lungren, Daniel Schmidt Brown, Corrine Jefferson Renzi Bishop (GA) Inslee Porter Foxx E. Sensenbrenner Butterfield Jindal Reyes Bishop (NY) Israel Price (NC) Frank (MA) Mack Shadegg Capps Johnson, E. B. Ross Blumenauer Jackson (IL) Rahall Franks (AZ) Marchant Shaw Capuano Jones (OH) Rothman Boren Jackson-Lee Ramstad Frelinghuysen McCaul (TX) Sherwood Cardin Kanjorski Roybal-Allard Boswell (TX) Rangel Gallegly McCrery Shimkus Cardoza Kaptur Ruppersberger Boucher Jefferson Reichert Garrett (NJ) McHenry Shuster Carnahan Kelly Rush Boyd Jindal Renzi Gillmor McHugh Simpson Carson Kennedy (RI) Ryan (OH) Brady (PA) Johnson (IL) Reyes Gingrey McKeon Sodrel Case Kildee Sabo Brown (OH) Johnson, E. B. Ross Gohmert McMorris Souder Chabot Kilpatrick (MI) Salazar Brown, Corrine Jones (NC) Rothman Goode Mica Stearns Chandler Kind Sa´ nchez, Linda Butterfield Jones (OH) Roybal-Allard Goodlatte Miller (FL) Sullivan Clay Kucinich T. Capps Kanjorski Ruppersberger Granger Miller, Gary Sweeney Cleaver Langevin Sanchez, Loretta Capuano Kaptur Rush Graves Murphy Tancredo Clyburn Lantos Sanders Cardin Kennedy (MN) Ryan (OH) Gutknecht Musgrave Taylor (NC) Conyers Larsen (WA) Schakowsky Cardoza Kennedy (RI) Sabo Hall Myrick Thomas Costa Larson (CT) Schiff Carnahan Kildee Salazar Harris Neal (MA) Thornberry Costello Leach Schwartz (PA) Carson Kilpatrick (MI) Sa´ nchez, Linda Hart Neugebauer Tiahrt Cramer Lee Scott (GA) Case Kind T. Hastings (WA) Northup Tiberi Crowley Levin Scott (VA) Chabot Kirk Sanchez, Loretta Hayes Norwood Turner Cuellar Lewis (GA) Serrano Chandler Kucinich Sanders Hayworth Nunes Upton Cummings Lipinski Shays Clay LaHood Schakowsky Hefley Otter Walden (OR) Davis (AL) Lofgren, Zoe Sherman Cleaver Langevin Schiff Hensarling Oxley Walsh Davis (CA) Lowey Simmons Clyburn Lantos Schwartz (PA) Herger Paul Wamp Davis (FL) Lynch Skelton Conyers Larsen (WA) Schwarz (MI) Hobson Pearce Weldon (FL) Davis (IL) Maloney Slaughter Cooper Larson (CT) Scott (GA) Hoekstra Pence Westmoreland Davis (TN) Markey Smith (WA) Costa Latham Scott (VA) Hostettler Peterson (MN) Whitfield DeFazio Marshall Snyder Costello Leach Serrano Hulshof Peterson (PA) Wicker DeGette Matheson Solis Cramer Lee Shays Hunter Petri Wilson (NM) Delahunt Matsui Spratt Crowley Levin Sherman Inglis (SC) Pickering Wilson (SC) DeLauro McCarthy Stark Cuellar Lewis (GA) Simmons Issa Pitts Wolf Dent McCollum (MN) Stupak Cummings Lipinski Skelton Istook Poe Young (AK) Dicks McCotter Tanner Davis (AL) LoBiondo Slaughter Jenkins Pombo Young (FL) Dingell McDermott Tauscher Doggett McGovern Taylor (MS) Davis (CA) Lofgren, Zoe Smith (NJ) NOT VOTING—9 Davis (FL) Lowey Smith (WA) Doyle McIntyre Thompson (CA) Davis (IL) Lynch Snyder DeLauro Manzullo Sessions Edwards McKinney Thompson (MS) Davis (TN) Maloney Solis Evans Miller (MI) Smith (TX) Emanuel McNulty Tierney DeFazio Markey Spratt Hyde Payne Strickland Engel Meehan Towns DeGette Marshall Stark Eshoo Meek (FL) Udall (CO) Delahunt Matheson Stupak ANNOUNCEMENT BY THE CHAIRMAN Etheridge Meeks (NY) Udall (NM) Dent Matsui Tanner The CHAIRMAN (during the vote). Farr Melancon Van Hollen Dicks McCarthy Tauscher Members are advised that there is 1 Fattah Michaud Vela´ zquez Dingell McCollum (MN) Taylor (MS) Filner Millender- Visclosky Doggett McCotter Terry minute remaining in this vote. Fitzpatrick (PA) McDonald Wasserman Doyle McDermott Thompson (CA) Foley Miller (NC) Schultz Edwards McGovern Thompson (MS) b 2151 Ford Miller, George Waters Ehlers McIntyre Tierney Frank (MA) Mollohan Watson Emanuel McKinney Towns So the amendment was agreed to. Gallegly Moore (KS) Watt Engel McNulty Udall (CO) The result of the vote was announced Gerlach Moore (WI) Waxman English (PA) Meehan Udall (NM) Gonzalez Moran (VA) Weiner Eshoo Meek (FL) Van Hollen as above recorded. Gordon Murtha Weldon (PA) Etheridge Meeks (NY) Vela´ zquez AMENDMENT OFFERED BY MS. WATERS Green, Al Nadler Wexler Farr Melancon Visclosky The CHAIRMAN. The pending busi- Green, Gene Napolitano Wilson (NM) Fattah Michaud Wasserman Grijalva Neal (MA) Woolsey Ferguson Millender- Schultz ness is the demand for a recorded vote Gutierrez Ney Wu Filner McDonald Waters on the amendment offered by the gen- Harman Oberstar Wynn Fitzpatrick (PA) Miller (NC) Watson tlewoman from California (Ms. WA- Ford Miller, George Watt NOES—207 Fortenberry Mollohan Waxman TERS) on which further proceedings were postponed and on which the ayes Aderholt Brown (SC) Deal (GA) Gerlach Moore (KS) Weiner Akin Brown-Waite, Diaz-Balart, L. Gibbons Moore (WI) Weldon (PA) prevailed by voice vote. Alexander Ginny Diaz-Balart, M. Gilchrest Moran (KS) Weller The Clerk will redesignate the Bachus Burgess Doolittle Gonzalez Moran (VA) Wexler amendment. Baker Burton (IN) Drake Gordon Murtha Woolsey Barrett (SC) Buyer Dreier Green (WI) Nadler Wu The Clerk redesignated the amend- Bartlett (MD) Calvert Duncan Green, Al Napolitano Wynn ment. Barton (TX) Camp (MI) Ehlers RECORDED VOTE Bass Campbell (CA) Emerson NOES—190 Beauprez Cannon English (PA) Aderholt Boehlert Calvert The CHAIRMAN. A recorded vote has Biggert Cantor Everett Akin Boehner Camp (MI) been demanded. Bilbray Capito Feeney Alexander Bonilla Campbell (CA) A recorded vote was ordered. Bilirakis Carter Ferguson Bachus Bonner Cannon Bishop (UT) Castle Flake Baker Bono Cantor The CHAIRMAN. This will be a 2- Blackburn Chocola Forbes Barrett (SC) Boozman Capito minute vote. Blunt Coble Fortenberry Bartlett (MD) Boustany Carter The vote was taken by electronic de- Boehlert Cole (OK) Fossella Bass Bradley (NH) Castle vice, and there were—ayes 218, noes 207, Boehner Conaway Foxx Beauprez Brady (TX) Chocola Bonilla Cooper Franks (AZ) Biggert Brown (SC) Coble not voting 7, as follows: Bonner Crenshaw Frelinghuysen Bilbray Brown-Waite, Cole (OK) [Roll No. 272] Bono Cubin Garrett (NJ) Bilirakis Ginny Conaway Boozman Culberson Gibbons Bishop (UT) Burgess Crenshaw AYES—218 Boustany Davis (KY) Gilchrest Blackburn Burton (IN) Cubin Abercrombie Allen Baca Bradley (NH) Davis, Jo Ann Gillmor Blunt Buyer Culberson Ackerman Andrews Baird Brady (TX) Davis, Tom Gingrey

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.113 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3891 Gohmert Lucas Rogers (MI) Bilbray Gohmert McKinney Sullivan Turner Waxman Goode Lungren, Daniel Rohrabacher Bilirakis Gonzalez McMorris Sweeney Udall (CO) Weiner Goodlatte E. Ros-Lehtinen Bishop (GA) Goodlatte McNulty Tanner Udall (NM) Weldon (PA) Granger Mack Royce Bishop (NY) Gordon Meehan Tauscher Upton Weller Graves Marchant Ryan (WI) Bishop (UT) Granger Meek (FL) Taylor (MS) Van Hollen Wexler Green (WI) McCaul (TX) Ryun (KS) Blackburn Graves Meeks (NY) Terry Vela´ zquez Whitfield Gutknecht McCrery Saxton Blumenauer Green (WI) Melancon Thompson (CA) Walden (OR) Wicker Hall McHenry Schmidt Blunt Green, Al Michaud Thompson (MS) Walsh Wilson (NM) Harris McHugh Schwarz (MI) Boehlert Green, Gene Millender- Thornberry Wamp Wolf Hastings (WA) McKeon Sensenbrenner Bono Grijalva McDonald Tiahrt Wasserman Woolsey Hayes McMorris Shadegg Boren Gutierrez Miller (NC) Tiberi Schultz Wu Hayworth Mica Shaw Boswell Gutknecht Miller, George Tierney Waters Wynn Hefley Miller (FL) Sherwood Boucher Harman Mollohan Towns Watson Young (FL) Hensarling Miller, Gary Shimkus Boustany Harris Moore (KS) NOES—76 Herger Moran (KS) Shuster Boyd Hart Moore (WI) Hobson Murphy Simpson Bradley (NH) Hastings (FL) Moran (KS) Aderholt Franks (AZ) Paul Hoekstra Musgrave Smith (NJ) Brady (PA) Hastings (WA) Murphy Akin Frelinghuysen Pence Hostettler Myrick Smith (TX) Brown (OH) Hayworth Murtha Alexander Garrett (NJ) Peterson (PA) Hulshof Neugebauer Sodrel Brown, Corrine Hefley Myrick Baker Goode Petri Hunter Northup Souder Brown-Waite, Herger Nadler Barrett (SC) Hall Pitts Inglis (SC) Norwood Bartlett (MD) Hayes Stearns Ginny Herseth Napolitano Price (NC) Issa Nunes Boehner Hensarling Sullivan Burgess Higgins Neal (MA) Radanovich Istook Nussle Bonilla Inglis (SC) Sweeney Burton (IN) Hinchey Neugebauer Regula Jenkins Osborne Bonner Johnson, Sam Tancredo Butterfield Hinojosa Ney Rogers (AL) Johnson (CT) Otter Boozman Knollenberg Taylor (NC) Buyer Hobson Nunes Rohrabacher Johnson (IL) Oxley Calvert Hoekstra Nussle Brady (TX) Kolbe Johnson, Sam Paul Terry Brown (SC) Lewis (CA) Ros-Lehtinen Thomas Camp (MI) Holden Oberstar Royce Jones (NC) Pearce Cannon Holt Obey Campbell (CA) Linder Thornberry Schmidt Keller Pence Capito Honda Ortiz Cantor Lucas Tiahrt Shuster Kennedy (MN) Peterson (PA) Capps Hooley Osborne Carter Marchant Tiberi Smith (TX) King (IA) Petri Capuano Hostettler Otter Crenshaw McCrery King (NY) Pickering Turner Sodrel Cardin Hoyer Owens Cubin McKeon Kingston Pitts Upton Cardoza Hulshof Pallone Davis (KY) Mica Tancredo Kirk Poe Walden (OR) Carnahan Hunter Pascrell Deal (GA) Miller (FL) Taylor (NC) Kline Pombo Walsh Carson Inslee Pastor Diaz-Balart, L. Miller, Gary Visclosky Knollenberg Porter Wamp Case Israel Pearce Diaz-Balart, M. Moran (VA) Watt Kolbe Price (GA) Weldon (FL) Castle Issa Pelosi Dreier Musgrave Weldon (FL) Kuhl (NY) Pryce (OH) Weller Chabot Istook Peterson (MN) Everett Northup Westmoreland LaHood Putnam Westmoreland Chandler Jackson (IL) Pickering Feeney Norwood Wilson (SC) Latham Radanovich Whitfield Chocola Jackson-Lee Platts Flake Olver Young (AK) LaTourette Regula Wicker Clay (TX) Poe Foxx Oxley Lewis (CA) Rehberg Wilson (SC) Cleaver Jefferson Pombo Lewis (KY) Reynolds Wolf NOT VOTING—8 Clyburn Jenkins Pomeroy Linder Rogers (AL) Young (AK) Evans Miller (MI) Strickland LoBiondo Rogers (KY) Young (FL) Coble Jindal Porter Cole (OK) Johnson (CT) Price (GA) Hyde Payne Thomas NOT VOTING—7 Conaway Johnson (IL) Pryce (OH) Manzullo Sessions Conyers Johnson, E. B. Putnam Evans Miller (MI) Strickland b 2159 Cooper Jones (NC) Rahall Hyde Payne Costa Jones (OH) Ramstad Manzullo Sessions So the amendment was agreed to. Costello Kanjorski Rangel The result of the vote was announced ANNOUNCEMENT BY THE CHAIRMAN Cramer Kaptur Rehberg Crowley Keller Reichert as above recorded. The CHAIRMAN (during the vote). Cuellar Kelly Renzi Mr. KNOLLENBERG. Mr. Chairman, Members are advised that there is 1 Culberson Kennedy (MN) Reyes I move that the Committee do now minute remaining in this vote. Cummings Kennedy (RI) Reynolds rise. Davis (AL) Kildee Rogers (KY) Davis (CA) Kilpatrick (MI) Rogers (MI) The motion was agreed to. b 2155 Davis (FL) Kind Ross Accordingly, the Committee rose; Davis (IL) King (IA) Rothman and the Speaker pro tempore (Mr. So the amendment was agreed to. Davis (TN) King (NY) Roybal-Allard The result of the vote was announced Davis, Jo Ann Kingston Ruppersberger PRICE of Georgia) having assumed the as above recorded. Davis, Tom Kirk Rush chair, Mr. DREIER, Chairman of the DeFazio Kline Ryan (OH) AMENDMENT OFFERED BY MS. HOOLEY Committee of the Whole House on the DeGette Kucinich Ryan (WI) State of the Union, reported that that The CHAIRMAN. The pending busi- Delahunt Kuhl (NY) Ryun (KS) ness is the demand for a recorded vote DeLauro LaHood Sabo Committee, having had under consider- on the amendment offered by the gen- Dent Langevin Salazar ation the bill (H.R. 5576), making ap- Dicks Lantos Sa´ nchez, Linda propriations for the Departments of tlewoman from Oregon (Ms. HOOLEY) Dingell Larsen (WA) T. Transportation, Treasury, and Housing on which further proceedings were Doggett Larson (CT) Sanchez, Loretta postponed and on which the noes pre- Doolittle Latham Sanders and Urban Development, the Judiciary, Doyle LaTourette Saxton vailed by voice vote. District of Columbia, and independent Drake Leach Schakowsky agencies for the fiscal year ending Sep- The Clerk will designate the amend- Duncan Lee Schiff ment. Edwards Levin Schwartz (PA) tember 30, 2007, and for other purposes, The Clerk designated the amend- Ehlers Lewis (GA) Schwarz (MI) had come to no resolution thereon. Emanuel Lewis (KY) Scott (GA) f ment. Emerson Lipinski Scott (VA) RECORDED VOTE Engel LoBiondo Sensenbrenner JOB-KILLING TRADE AGREEMENTS English (PA) Lofgren, Zoe Serrano The CHAIRMAN. A recorded vote has Eshoo Lowey Shadegg (Mr. BROWN of Ohio asked and was been demanded. Etheridge Lungren, Daniel Shaw given permission to address the House A recorded vote was ordered. Farr E. Shays Fattah Lynch Sherman for 1 minute.) The CHAIRMAN. This will be a 2- Ferguson Mack Sherwood Mr. BROWN of Ohio. Mr. Speaker, minute vote. Filner Maloney Shimkus the People’s Republic of China, Com- The vote was taken by electronic de- Fitzpatrick (PA) Markey Simmons munist China, announced today that vice, and there were—ayes 348, noes 76, Foley Marshall Simpson Forbes Matheson Skelton they have a $13 billion trade surplus for not voting 8, as follows: Ford Matsui Slaughter the month of May only. China last year [Roll No. 273] Fortenberry McCarthy Smith (NJ) with the U.S. had a $203 billion trade Fossella McCaul (TX) Smith (WA) AYES—348 Frank (MA) McCollum (MN) Snyder surplus, which, according to the U.S.- Abercrombie Baird Beauprez Gallegly McCotter Solis China Economic Security and Review Ackerman Baldwin Becerra Gerlach McDermott Souder Commission, a government agency, Allen Barrow Berkley Gibbons McGovern Spratt said that accounts in my State alone Andrews Barton (TX) Berman Gilchrest McHenry Stark Baca Bass Berry Gillmor McHugh Stearns for a loss potentially of 42,000 manufac- Bachus Bean Biggert Gingrey McIntyre Stupak turing jobs.

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.115 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3892 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Too many of our Senators, too many fice can and often do say the same what to think about the Iraq war. In of our House Members voted for these thing. the fine print is a desperate effort by trade agreements that outsourced jobs, Consent decrees, in my view, have be- the Republicans to cling to power in these job-killing trade agreements that come a hiding place for public officials, the November election. That is what devastate our communities. When relieving them of responsibility in the this week is all about. places like Mansfield and Chillicothe area that the consent decree affects. So Republican leaders hope to com- and Portsmouth and Zanesville and let me again repeat, this is a bill, an mandeer the news cycle and convince Lima lose these kinds of industrial act, that would really make public offi- the American people that Republicans manufacturing jobs, they hurt our cials take responsibility for the things deserve to stay despite their record on schools, they mean fewer police on the they have been elected to do. Iraq. In other words, Iraq Week is a street, they mean weaker fire protec- This bill would create an obligation staged Republican campaign event. tion, they mean hardship for our fami- on the part of newly elected public offi- The resolution the Republicans will lies. cials that they would have an oppor- force through the House of Representa- Mr. Speaker, it is time that Members tunity to look at every consent decree tives on Friday will have nothing to do of Congress stood up and quit passing that their predecessors were part of with increasing the safety of our Na- these job-killing trade agreements. and defend why the consent decree tion or the security of our soldiers on f should continue or go to the courts and the ground in Iraq. It is about the secu- explain why the consent decree no rity of the Republican grip on power. SPECIAL ORDERS longer applies. If the plaintiff can ex- The Republicans fear the American The SPEAKER pro tempore (Mr. plain to the judge why it is important people have answered Newt Gingrich’s PRICE of Georgia). Under the Speaker’s that the consent decree continue, then question. Do you remember it? ‘‘Had announced policy of January 4, 2005, the decree stays in place. enough?’’ Well, they have. Poll after and under a previous order of the Our goal is to return public responsi- poll says the American people indeed House, the following Members will be bility to public officials. Too many have had enough of Republican power. recognized for 5 minutes each. people in the country today, too many The American people always have ac- f public officials who even try to take on cepted sacrifice when it comes to defending the Nation. But one thing they THE FEDERAL CONSENT DECREE these issues find that the consent de- have never accepted is being misled by FAIRNESS ACT crees that were entered into decades before by their predecessors prevent their leaders. The American people The SPEAKER pro tempore. Under a them from doing the hard things that have heard enough to know the trust previous order of the House, the gen- need to be done. they placed in the President over his tleman from Missouri (Mr. BLUNT) is The only consent decrees that could justification to invade Iraq was mis- recognized for 5 minutes. be dissolved under this action are those placed. Mr. BLUNT. Mr. Speaker, I am here in which the plaintiff is incapable of The American people have seen today to talk about the Federal Con- proving a continued need for court su- enough to know this administration sent Decree Fairness Act that I hope pervision. If there is no longer a need and the Republican Congress have no we see on the floor during this Con- for court supervision, would it not be plan except to keep declaring progress. gress. Mr. GARRETT from New Jersey undemocratic not to return the policy The words, however, pale compared to and Mr. BISHOP from Utah and other decisions to elected officials and in the images they see on TV every day. members of the Congressional Con- turn to the voters? Enough facts have emerged for the stitution Caucus are also speaking on American people to know that Iraq has f behalf of this important legislation to- become a grim lesson we learned a long night. I would also like to thank the The SPEAKER pro tempore. Under a time ago in Vietnam. But instead of gentleman from Tennessee (Mr. COO- previous order of the House, the gentle- transferring responsibility, the Presi- PER), who is the lead cosponsor of this woman from New York (Mrs. MCCAR- dent declares the tide has turned, U.S. legislation along with me. THY) is recognized for 5 minutes. troops will stay in Iraq, and there will I am pleased to be the sponsor of the (Mrs. MCCARTHY addressed the be difficult days ahead. Federal Consent Decree Fairness Act. I House. Her remarks will appear here- That is a Presidential declaration would like to start by explaining what after in the Extensions of Remarks.) that more American soldiers will die, it is not about. This bill is not about f more American soldiers will suffer reining in an activist judiciary or grave physical injuries, more American IRAQ WEEK IN THE HOUSE OF about ending consent decrees. This leg- soldiers will be exposed to depleted REPRESENTATIVES islation is about increasing the respon- uranium, and more American soldiers sibility and accountability of elected Mr. MCDERMOTT. Mr. Speaker, I ask will return home traumatized by post- officials. This is really focused on what unanimous consent to claim the time traumatic stress disorder. elected officials are elected to do. of the gentlewoman from New York This is today’s reality, and the truth Consent decrees are too often used by (Mrs. MCCARTHY). is there is no end in sight. And you will elected officials as an excuse not to The SPEAKER pro tempore. Without not hear that from the President. Ear- solve the problems they have been objection, the gentleman from Wash- lier this year, U.S. military com- elected to solve. The principal goal of ington is recognized for 5 minutes. manders talked about significant force this legislation is to return the respon- There was no objection. reductions by the end of the year. They sibility for public policy-making and Mr. MCDERMOTT. Mr. Speaker, this have stopped talking about it. That is the governing of public institutions to is Iraq Week in the House of Represent- because the reality on the ground in elected officials. When a consent decree atives, called by the Republican major- Iraq defies the Republican spin. lasts for decades, as many of them do, ity in hopes that they can stop the But the spinning goes on. Yesterday many elected officials never have the bleeding, not on the ground in Iraq, but at Camp Neocon, that is what they opportunity to take responsibility for in the opinion polls in this country. used to call Camp David, the President important public services. A politician They want to capitalize on the suc- called together the administration in a can say, I would really like to do some- cess of the U.S. military last week and new effort to define progress. It was a thing about the transportation system define progress in Iraq all over again. campaign meeting meant to manage in Los Angeles County, for example, Over the last 3 years, the definition of the news the American people receive but I cannot because of that consent progress by the Republican majority about Iraq. Today, the President made decree. Or I would like to spend more has been as elusive as the President’s a surprise visit to Iraq, not unlike on education in this State, but I really plan for Iraq. landing on an aircraft carrier to de- cannot because our budget is deter- Still, later this week after lots of Re- clare mission accomplished. It wasn’t mined by these consent decrees on publican speech making, the majority then and it isn’t now. other issues or even on education leader will force-feed the American Soon, the Republican leaders will tell itself. And their successors in that of- people a new resolution telling them the American people what to think,

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.235 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3893 without the information on which to political process. Political participation Iraq at least through 2008 and probably make an informed decision. Here is surely rose. But that wasn’t because of ac- through 2010. something they do not want to talk ceptance of the new government or an em- The U.S. cannot afford to repeat the mis- about: the U.S. is building Fortress brace of a democratic political process; it re- takes it made in Vietnam. Among them was flected a steady sharpening of sectarian divi- dangerous self-delusion. The strategy Presi- Iraq, a $600 million embassy, the big- sions, as Sunnis tried to make up for their dent Bush is pursuing in Iraq is high risk. If gest in the world. decision to boycott earlier elections. it is to have any chance of success, it will re- What lurks ahead for the United The report touts a ‘‘true unity government quire bipartisan persistence and sustained States is another grim and painful les- with broad-based buy-in from major elec- American effort. This requires trust, and son we learned a long time ago. The ad- toral lists and all of Iraq’s communities.’’ trust cannot be built without integrity. That ministration would like to divert your But its own data tell a different story. The means credible reporting. attention while it orders the military one largely secular party won only 9% of The American people and Congress need an to pour concrete runways and bunkers parliament. The sectarian Shiite party, the honest portrayal of what is happening, not United Iraqi Alliance, got 47%. The equally halftruths by omission and spin. across Iraq. Tens of thousands of U.S. sectarian Sunni Iraqi Accordance Front got soldiers are going to be stationed in 16%, and the Kurdish Coalition got 19%. That [From the Salt Lake Tribune, June 8, 2006] Iraq indefinitely. These bases will be hardly adds up to ‘‘unity.’’ A ROADBLOCK TO UNITY IN IRAQ The five-month delay in forming a govern- called something else for the American (By Trudy Rubin) people, but they will still be targets for ment after the elections, the failure to appoint ministers of defense or interior and the BAGHDAD, IRAQ.—The air-conditioning has the insurgents. been broken for three months in the cav- Not everyone has access to enterprise fact that former Prime Minister Ibrahim Jafari relinquished his post only after strong ernous convention center where Iraq’s na- journalism being produced by the pressure from the United States and from tional assembly meets, so the members were mainstream news organizations. So in Grand Ayatollah Ali Sistani are signs that sweating profusely in the 115-degree heat. the interest of promoting a resolution progress is likely to be slow in the future as Male delegates in Shiite turbans or the of truth about Iraq, I will enter into well. Sectarian conflict has become almost flowing robes of sheikhs or shirts and slacks, the RECORD two recent news articles. as serious a threat as the insurgency. along with women in enveloping black The first is from the Los Angeles It is scarcely reassuring to be told by the chadors and colorful Kurdish dress—and a Defense Department that the February at- few females with uncovered hair—gathered Times entitled: ‘‘Give the Defense De- in clusters Sunday as they waited for the partment an F.’’ ‘‘A Roadblock to tack on the Golden Mosque in Samarra marked a defeat for the insurgents and Is- session to begin. Unity in Iraq’’ was published in the lamic extremists because it did not instantly This was supposed to be the meeting that Salt Lake City Tribune. Read them. lead to all-out civil war. It is hard to think finally confirmed the key members of an Make up your own mind. of a worse definition of victory. Iraqi government, five months after elec- The definition of progress in Iraq is The economic section of the report con- tions last December. This is supposed to be not a Republican resolution force-fed tains useful data and reflects some real the national unity government of Shiites, to the Congress, as they would have progress in the Iraqi financial sector. How- Kurds—and Sunnis—on which the Bush ad- you believe. The definition of progress ever, its analysis is flawed to the point of ministration counts to undermine the Sunni- being actively misleading. No meaningful as- led insurgency. The success of this national is bringing our soldiers home, all of sessment is provided of the successes and unity government is a key to bringing Amer- them, in significant numbers every failures of the U.S. aid effort, and no men- ican troops home. month from this moment on until they tion is made of the massive corruption and The delay in forming this government has are out of harm’s way and we are out of mismanagement of U.S. aid discovered by sparked the worst chaos in Baghdad since the war that we should never have been the special inspector general for Iraqi recon- Saddam Hussein fell. So delegates were eager in in the first place. struction. for Prime Minister Nouri al-Maliki to keep his pledge to name the ministers of interior [From the Los Angeles Times, June 3, 2006] Nor is there meaningful analysis of oil developments, budget and revenue problems or and defense. Those ministers are essential to GIVE THE DEFENSE DEPARTMENT AN F future needs for aid. More than $30 billion in restoring some security to Iraq. (By Anthony H. Cordesman) U.S. funds and nearly $35 billion in Iraqi Suddenly a buzz rippled through the hall. If the United States is to win in Iraq, it money is involved, yet there is a serious risk The session had been canceled. needs an honest and objective picture of that the Bush administration will do more Squabbles among fellow Shiites over who what is happening there. The media and out- than omit the inspector general’s report. In should get the ministries had prevented side experts can provide pieces of this pic- fact, some State Department officials and Maliki from keeping his promise. That day ture, but only the U.S. government has the Republicans in Congress are trying to put painted a stark picture of the challenges resources and access to information to offer the inspector general out of business. confronting this national unity government, a comprehensive overview. The report’s handling of the key issue of on which Iraqi and U.S. hopes hang. But the quarterly report to Congress Iraqi unemployment is symptomatic of the Rather than bring Iraqis together, this issued May 30 by the Department of Defense, victory of spin over content. The report government has reflected Iraq’s fragmenta- ‘‘Measuring Stability and Security in Iraq,’’ quotes vague national figures of 18% unem- tion. The situation may be salvaged, but it like the weekly reports the State Depart- ployment and states that other estimates will take determined leadership from a hand- ment issues on Iraq, is profoundly flawed. It range between 25% and 40%. By saying that ful of key Iraqi politicians, as well as from does more than simply spin the situation to unemployment and poverty ‘‘remain con- the U.S. ambassador to Iraq, Zalmay provide false assurances to lawmakers and cerns’’ but that there are ‘‘substantial dif- Khalilzad. the public. It makes basic analytical and sta- ficulties in measuring them accurately,’’ it Maliki tried from the start to act like a tistical mistakes, fails to define key terms, glosses over one of the most destabilizing as- leader. He promised a new plan to secure provides undefined and unverifiable survey pects of Iraq. It ignores the failure of the aid Baghdad and flew to the key oil city of Basra information and deals with key issues by program to create real jobs, especially for to try to halt wars between Shiite militias omission. It deserves an overall grade of F. young men in areas of high crime and insur- and gangs. He made the pledge to name the The report provides a fundamentally false gency. Unemployment is not a casual macro- ministers. picture of the political situation in Iraq and economic factoid; it is central to bringing But Iraq’s new constitution keeps the of the difficulties ahead. It does not prepare stability and security and to defeating the prime minister impossibly weak—a reaction Congress or the American people for the insurgency. to the Hussein dictatorship. And the Iraqi years of effort that will be needed even under The Defense Department’s reporting on the political culture ties him in knots. ‘‘best-case’’ conditions nor for the risk of far Iraqi police forces simply cannot be trusted. In order to choose his two ministers, more serious forms of civil conflict. Some of Death squads rampage in police uniforms, Maliki first had to get seven Shiite factions its political reporting is simply incompetent. but there is only passing mention of staff to agree among themselves on the names For example, the report repeatedly states problems, corruption, sectarian tensions or (they couldn’t), then win over Sunnis and that 77% of the Iraqi population voted in the horrific prison abuses. There is no meaning- Kurds and Khalilzad. The prime minister December 2005 election. Given that the CIA ful analysis of problems so severe that the lacks the power to take decisions on his own. estimates that almost 40% of the population U.S. has called for a ‘‘year of the police’’ and ‘‘We all feel sympathy for the prime min- is 14 or younger, there is no conceivable way Iraq’s new prime minister, Nouri Maliki, is ister,’’ I was told by Adnan Ali al-Kadhimi, that 77% of the population could have voted. considering reorganizing the entire force. an adviser to the former prime minister, The report says 12.2 million voters turned The United States is making real progress Ibrahim al-Jaafari. ‘‘The constitution puts out. The CIA estimates Iraq’s population is in some aspects of building the Iraqi regular too many ties on the prime minister, and po- 26.8 million. This means roughly 46% of the military. Yet there is still a tendency to litical leaders give themselves too many population voted. promise too much, too soon, to understate privileges.’’ The far more serious problem, however, is the risk and the threat, and to disguise the Indeed, the current system, in which min- the spin the report puts on the entire Iraqi fact that the U.S. must be ready to support istries are doled out like fiefs to ethnic and

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.237 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3894 CONGRESSIONAL RECORD — HOUSE June 13, 2006 religious parties, has led to incredible cor- just laboratory work, it is applied re- tion even weighed in by threatening its ruption. search. In that light, the institute has first veto ever of this supplemental if it ‘‘Political position in Iraq has become a formed a partnership with Wendy Acres contained disaster assistance for our way to steal money and then leave the coun- Nursery in Gretna, Virginia, also in the farm families. Making these cuts on try,’’ says one official in the defense ministry, where tens of millions of dollars van- Fifth District. At Wendy Acres, they the backs of our farmers and ranchers ished. With few exceptions, the new crop of are growing species of switchgrass and when they are struggling to make ends ministers, also picked by party, does not ap- hybrid poplar which have a low ash meet is unconscionable. pear much better than the old. content when processed. This char- Mr. Speaker, it is about priorities, This system has made many Iraqis sour on acteristic makes these plants better and the decision made by this Repub- democracy quickly. They are hungry for suited for bioenergy and biofuels. lican Congress and administration does strong leadership. Over and over, I’ve heard These species are being bred and inves- not reflect the commonsense priorities Iraqis say Hussein could have restored order tigated for use in short-rotation woody and values that many Arkansans and I in two weeks. were raised on and still believe in. This is why it is so crucial for Maliki to be plant species and herbaceous able to act as a national leader who stands perennials as feedstocks by the Insti- Agriculture is Arkansas’ largest in- above the interests of sectarian parties. But tute for Sustainable and Renewable Re- dustry and ranks among the top 10 it isn’t easy for Maliki to make that leap. sources to determine the most efficient States in the production of rice, poul- For one thing, he has virtually no experi- production of bioenergy and biofuels. try, cotton, catfish and baitfish. In enced staff; much of what he does have is Mr. Speaker, I have here a container fact, one in every five Arkansas jobs is limited to his Shiite religious party, the of wood chips. I also have a container directly related to agriculture. Accord- Dawa. of switchgrass. What the scientists ing to a forecast by USDA’s Economic I asked one of the bright lights in the new Research Service, farm income is esti- government, Deputy Prime Minister Barham have come up with is this biofuel. This Salih, what was to be done. Salih, a Kurd is just steps away from being able to be mated to decline by $16.5 billion in 2006 whom I met over a kebab feast in his garden utilized in vehicles all across this Na- as a result of increased production with his peshmerga (Kurdish militia) guards, tion. I look forward to the day when we costs and reductions in market assist- manages to combine ethnic loyalty with a have no dependence on Venezuela and ance. Reduction in farm income, com- commitment to building an Iraq for all its Mr. Chavez for our oil needs. I look for- bined with the hardships experienced people. ward to the day when we have no de- during the 2005 crop year, will lead our ‘‘Prime Minister Maliki says he wants to pendence on the Middle East and Nation’s farm economy into the worst transcend his Shia affiliation and act as a sheiks there for our oil needs. I look decline of the 21st century. national leader,’’ Salih said. ‘‘It is incum- As you can see from the poster here, bent on all of us in Iraq and Iraq’s friends in forward to the day when we are free of the international community to help us real- foreign fossil fuel. And I hope all across Mr. Speaker, the red line, the top line, ize that objective.’’ America we can do as they are doing in indicates the amount of money that it It is unclear how or if that can be done. Danville and other places, making our costs our farmers to grow crops. The But the prospects for Iraq and for U.S. troop own fuel and giving us energy inde- bottom line demonstrates the amount withdrawals depend on whether Maliki can pendence. of money they have received. They are lead. losing money. In 1985, farmers spent f f anywhere from $80,000 to $85,000 on a The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. new tractor. Today, a farmer will spend previous order of the House, the gen- MACK). Under a previous order of the anywhere from $140,000 to $150,000 on a tleman from Oregon (Mr. DEFAZIO) is House, the gentleman from North Caro- new tractor. recognized for 5 minutes. lina (Mr. JONES) is recognized for 5 As the chart shows, our farm families (Mr. DEFAZIO addressed the House. minutes. have seen a steady increase in the cost His remarks will appear hereafter in (Mr. JONES of North Carolina ad- to produce their crops, while at the the Extensions of Remarks.) dressed the House. His remarks will ap- same time the prices they receive for pear hereafter in the Extensions of Re- f their crops remain the same and are lower than they were 10 years ago. In marks.) AMERICA’S AGRICULTURE fact, in 1980, cotton was going for 60 f Mr. ROSS. Mr. Speaker, I ask unani- cents a pound. Today, it is 42 cents a b 2215 mous consent to speak out of order for pound. Rice was going for $11.50 per 5 minutes. hundred weight. Today, it is $7 per hun- ALTERNATIVE FUELS RESEARCH The SPEAKER pro tempore. Without dred weight. Soybeans, in 1980, $5.71 a The SPEAKER pro tempore. Under a objection, the gentleman from Arkan- bushel. Today, just a slight increase, at previous order of the House, the gen- sas is recognized for 5 minutes. $6.09 a bushel. tleman from Virginia (Mr. GOODE) is There was no objection. In 2005, our Nation’s farm families recognized for 5 minutes. Mr. ROSS. Mr. Speaker, I come to faced severe droughts, hurricane dam- Mr. GOODE. Mr. Speaker, I rise to- the floor tonight deeply concerned aging winds and other natural events night to tell the House and the United about the future of our Nation’s farm causing damage and devastation to States that leading edge research into economy and the well-being of our their crops and livestock. Americans the development of alternative fuels is farmers and ranchers. America’s farm have been hit hard by the drastic in- happening as we speak in the Fifth Dis- families provide the most safe, reliable crease in gasoline, diesel and natural trict of Virginia at the Institute for and abundant source of food and fiber gas prices. Our Nation’s farm sector re- Advanced Learning and Research in in the world. The security of our Na- lies heavily on diesel fueled farm Danville, Virginia. The institute is a tion’s domestic food supply is criti- equipment to plant, harvest and trans- mission of Virginia’s land grant insti- cally important to the security of our port their products to market. In- tution, Virginia Tech. The institute homeland. We must continue to pro- creased fuel, fertilizer and other record anchors the technology economy of vide our farm families with the tools high input costs have pushed many southside Virginia, and one of its re- and resources necessary to continue farmers out of business altogether, search initiatives focus on sustainable producing our food and fiber to ensure forcing them to auction off their fam- and renewable resources. we never become as dependent on for- ily farms. In particular, the scientists working eign countries for our food as we are I have been urging this Republican in this field are directing their efforts for our oil today. Congress and administration to pass toward generating alternative energy I was extremely disappointed in this disaster assistance for our farm fami- from renewable resources such as Republican Congress and their decision lies since September of last year. I switchgrass and hybrid poplars. The to cut agriculture disaster funding dur- stand here tonight holding this binder, scientists believe that these renewable ing conference committee negotiations a binder recently presented to me by resources can be used in biofuels, bio- of the emergency supplemental appro- Ken Shea of Dumas, Arkansas. It is diesels and bioenergy. The research priations bill last week. I was also filled with farm auction after farm being conducted at the institute is not struck by the fact that the administra- auction, fliers, notices of bankrupt

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.117 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3895 farm families from Arkansas. Even if a also have in the long-term a cumu- grams for long periods of time even ab- disaster bill was passed today, it would lative effect, a threat to the legislative sent an ongoing violation of the law.’’ be too late for these farm families and process and also to the hardworking Mr. Speaker, for these reasons, I am many others who are trying des- American taxpayer who supports it as more than proud to support my good perately to avoid bankruptcy. Every well. friend from Missouri and his legisla- day that passes without providing dis- These decrees have resulted in judges tion, H.R. 1229, the Federal Consent De- aster assistance, more families are auc- engaging themselves in affairs outside cree Fairness Act. This is legislation tioning off their farms. of their constitutional job description, that would provide relief to newly I am a cosponsor of H.R. 3702, an agri- outside of the very framework of the elected mayors and other State offi- culture disaster assistance bill which protections that we have established in cials who inherit these overly broad was introduced in September of last our documents of checks and balances. and outdated decrees. It would limit year. I say that their intents are noble and their ability to govern. And it would be Mr. Speaker, I stand here tonight good in many cases, and that is to pro- able to respond to priorities of their urging the Republican leadership to tect our rights, but by engaging in such constituents for the future. give us a hearing and a vote on this blatant activism, they are actually This legislation will put term limits bill. threatening self-government itself, on existing decrees while setting out f rights outside what our Founding Fa- guidelines for the future. We must en- thers intended. sure that they are limited in nature, The SPEAKER pro tempore. Under a I agree with what the majority whip previous order of the House, the gen- not opening the doors for future viola- had indicated before. This is not simply tions. Again, I commend the gentleman tleman from Texas (Mr. BURGESS) is a case of dealing with judicial activism from Missouri. recognized for 5 minutes. because it really goes beyond that and (Mr. BURGESS addressed the House. does not engage in that at all times. It f His remarks will appear hereafter in is an understanding that our Founding The SPEAKER pro tempore. Under a the Extensions of Remarks.) Fathers had, and we have reminded previous order of the House, the gen- f those who have listened to these pro- tleman from Illinois (Mr. EMANUEL) is recognized for 5 minutes. CONGRESSIONAL CONSTITUTION grams, listened to us coming to the floor each week to discuss constitu- (Mr. EMANUEL addressed the House. CAUCUS’ CONSTITUTION HOUR— His remarks will appear hereafter in CONSENT DECREES tional issues, that we must be very mindful always of protecting those the Extensions of Remarks.) Mr. GARRETT of New Jersey. Mr. rights set forth by the Fathers, espe- f Speaker, I rise to claim my time out of cially the rights of States as estab- RED INK CONTINUES TO PILE UP order. lished in the 10th amendment. All The SPEAKER pro tempore. Without rights not specifically delegated to the Ms. KAPTUR. Mr. Speaker, I ask objection, the gentleman is recognized Federal Government are retained by unanimous consent to reclaim my time for 5 minutes. the people and the States, respectively. and to address the House for 5 minutes. There was no objection. Consent decrees, therefore, can place The SPEAKER pro tempore. Without Mr. GARRETT of New Jersey. I do an undue burden on the States and objection, the gentlewoman from Ohio thank you, Mr. Speaker. local officials. They can last literally is recognized for 5 minutes. Tonight, I come here as we do each for decades, long after the local offi- There was no objection. week as members of the Constitutional cials or State officials who may have Ms. KAPTUR. Mr. Speaker, the red Caucus come here on a regular basis to been involved with those cases in the ink continues to pile up, both in our present a series of 5-minutes following first instance have long since left of- budget deficit and in America’s trade the day’s activities and the day’s votes. fice. Newly elected officials may have deficit. The Commerce Department re- We do so tonight to focus on really one come into place to find they are bound ported on Friday that the trade deficit of the most important and significant by those previously entered into de- is rising again, pushed up by oil prices issues dealing with our Constitution crees. They are now unable to place in and a flood of more imports from and threats to our constitutional policies that could rectify the situa- China. With oil imports over $70 a bar- rights as well. tion, unable to put in policies that rel, we know this trade deficit is going Before I do that, let me just say this, could solve the situation for future to swell as the year proceeds. The Com- that I wish to show my utmost appre- generations, and unable to put in poli- merce Department reported that the ciation earlier this evening for the ma- cies that basically could save the tax- gap between what the United States jority whip coming out and joining us payers money at the end. sells abroad and what it imports rose to discuss a piece of his legislation that Judges have already tried to engage to $63.4 billion in April, 2.5 percent goes to this very fundamental issue in other ways in activism, obviously of higher than the March imbalance of and also for his efforts to work to pro- taking away our rights as we have dis- $61.9 billion. We know that the trade tect those basic liberties of every cussed before, taking away our prop- deficit in both February and March American. erty rights and the democratic right to just fell a tad, but it had hit an all- The threats that I am referring to is construct our marriage institutions. time high this January of $66.2 billion. our Founding Fathers’ principles of But consent decrees go one step fur- And while economists noted that the self-government and the jeopardy that ther. They chip away at the authority April deficit was smaller than the $65 comes in the form of consent decrees. of our local officials, allowing judges billion that had been expected, it is For those of you who are not familiar and not the people who were democrat- still the sixth largest trade deficit on with exactly what consent decrees are, ically elected to represent them. This record. in essence, they are simply this. They is not just a decision and opinions of are judicial actions that are entered Members of Congress. The Supreme b 2230 into between opposing parties, in this Court has also spoken on this. In fact, This is a chart that takes a look at case by the party bringing the action, in a unanimous decision back in 2004, what has been happening ever since private individuals, usually, and State the U.S. Supreme Court called for lim- this Congress unfortunately passed or local entities. State or local govern- iting these types of decrees in the case NAFTA back in the early 1990s, fol- ments are basically compelled at the of Frew v. Hawkins. The court pro- lowed by permanent normal trade rela- end of a court case to enter into these claimed there that Federal consent de- tions with China, and what could be agreements. They are then, therefore, crees could encroach on State and local normal about that? Every single year called consent decrees. In their name power. They continued that these de- the red ink gets deeper. and on their face, they sound innocent crees may ‘‘improperly deprive future Through the first 4 months of this enough. In reality, they simply can be officials of their designated and execu- year, the trade deficit is running 1.9 because they are protecting rights of tive powers.’’ They may also lead ‘‘to percent above the same period a year some sort or the other. But they can Federal court oversight of State pro- ago putting our country on track to

VerDate Aug 31 2005 04:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.241 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3896 CONGRESSIONAL RECORD — HOUSE June 13, 2006 run up a record deficit again for a fifth icit with Japan rose by 2.8 percent in whole, I regard them as remaining con- straight year. Last year’s deficit, as April to $7.8 billion. tained,’’ she said to a gathering of the Broad- this chart indicates, was three-quarters The deficit with Canada rose 16.3 per- cast Cable Financial Management Associa- tion in Florida. The challenge of Fed policy of $1 trillion, three-quarters of $1 tril- cent to $6.1 billion in April, while our makers, she said, ‘‘is to make sure that they lion. imbalances with Mexico, with Korea, stay contained.’’ To cover this red ink, we have to bor- well, gosh, with about every other The government will issue reports on row. We have to import capital to off- country in the whole world, just kept wholesale and consumer inflation today and set what we are not exporting in goods. going up. The sad thing for our country Wednesday. Excluding energy and food America is in uncharted waters. We is it looks like this year will be the prices, economists expect both the producer have never, ever experienced this situa- first year in our history we will import price and consumer price indexes to have risen 0.2 percent in May, a rate considered to tion before. Some people have com- more agricultural goods than we ex- be modest by most experts. mented that our country is handing port. This is not the America we should The biggest loser yesterday, as in the last over $2 billion a day to foreigners to be leaving to our children and grand- few weeks, was the technology industry. cover this trade gap. The increase in children. Many large technology companies, strug- the April trade deficit reflected a .7 Let’s elect people to this Congress gling to match past growth as they mature, percent rise in imports which climbed and to this Presidency who will put have been lowering their profit projections. For the second quarter, the technology to $179.1 billion, the second highest America’s financial house in order and area’s profits are expected to to fall 2 per- level on record. In other words, the make us independent again. cent from the same period last year while trend is in the wrong direction. [From the New York Times, June 13, 2006] the overall increase in the S.& P. 500 is ex- In addition to higher oil bills, im- BROAD ECONOMIC WORRIES DRIVE A GLOBAL pected to be 10 percent, noted Howard ports of autos and auto parts were up SELL-OFF Silverblatt, senior index analyst at Standard & Poor’s. ‘‘This is supposed to be a growth and shipments of consumer goods from (By Vikas Bajaj and Jeremy W. Peters) China such as furniture, televisions, industry,’’ he said. Fears about higher interest rates, rising The Nasdaq was led downward by video recorders and toys all rose. More inflation and a slowing economy sent stocks Qualcomm, the maker of wireless tech- imports coming in, fewer imports going sharply and broadly lower yesterday, with nology, which fell 5 percent yesterday after out. Major U.S. companies like La-Z- emerging markets taking the biggest hit. it filed a complaint against its rival Nokia as Boy are having trouble in the market, In the United States, the Standard & part of a lengthy patent fight. because products are coming in from Poor’s 500-stock index fell 1.3 percent, eras- Shares of Apple fell almost 4 percent, ap- China where workers make pennies a ing all of its gains for the year and closing at parently reflecting investors’ concerns about day. its lowest level since November. The Nasdaq efforts by some European countries to force We have lost our entire television in- fell more than 2 percent and the Dow Jones the company to open up its music software industrial average fell almost 1 percent. to devices other than the iPod. dustry. Not a single television is made But the damage was far worse in some One of the few exceptions to yesterday’s in this country any more. Companies other parts of the world. Trading at the Co- broad sell-off was General Motors, which in the automotive parts industry like lombian stock exchange was briefly halted rose 43 cents, or 1.7 percent, to $25.78. It was Delphi are trying to struggle to hang after its benchmark index fell more than 10 the Dow’s biggest gainer. The shares moved on. percent. Mexico’s benchmark stock index fell higher as the president of the United Auto- We are living through the hollowing 4.3 percent, its biggest one-day decline in mobile Workers, the company’s biggest out of our country. We are propping up more than 3 years. Markets in India, Brazil union, told members that the union would and Hungary also tumbled. have to rethink its traditional positions to this loss of real wealth and production ensure the domestic automobile industry’s capacity with borrowed capital. We are Emerging markets had enjoyed a strong surge in recent years because low interest- survival. in uncharted waters. America has rate policies around the world pumped cheap The stock also appeared to be reflecting in- never been here before. money into the global economy, analysts vestors reaction to news of an agreement The markets are reflecting it. Today, said. late Friday that could avert a costly strike in the New York Times, major head- ‘‘Global liquidity has helped drive a lot of at G.M.’s largest supplier, Delphi. line: Broad economic worries drive these risky assets,’’ said Larry Adam, chief Many market experts remain convinced that the recent correction in stock prices global sell-off. What is happening is investment strategist at Deutsche Bank Alex Brown. ‘‘And now you are seeing this flight will prove temporary and will be contained there are huge drops in the market. to a few areas. They note that inflation, Standard & Poor 500 stock index fell 1.3 to quality,’’ including cash and investments in developed countries, he said. though rising, remains low by historical percent, erasing all of its gains for this At first glance, stocks in the United States standards. But the market’s volatility has intensified year and closing at its lowest level and Western Europe do not appear to have and will probably remain high, analysts say. since November. The NASDAQ fell benefited from the emerging-market retreat, more than 2 percent and the Dow Jones ‘‘It is a retrenchment,’’ Mr. Silverblatt but money coming out of emerging markets said. But ‘‘companies are still in good Industrial Average fell almost 1 per- may be helping to cushion the blow, Mr. shape.’’ cent. Damage was far worse in markets Adam said. The Dow fell 99.34 points, to close at around the world. Yesterday’s sell-off started early and gath- 10,792.58, its lowest level since Feb. 7. The S American manufacturers claim, well, ered pace throughout the day. Some analysts & P 500 declined 15.90 points, to 1,236.40. The you know, the problem is just with suggested that a major catalyst was a speech Nasdaq fell 43.74 points, to 2,091.32. The Rus- by the president of the Federal Reserve Bank sell 2000 stock index of smaller-capitaliza- China that their currency is under- of Cleveland, Sandra Pianalto, in which she valued by as much as 40 percent. But I tion companies, fell 18.2 points, or 2.6 per- said that inflation was higher than her cent, to 683.19. Declining issues led advanc- can remember when they said that to ‘‘comfort level.’’ ing stocks by 31⁄2 to 1 on the New York Stock me about Japan 16 years ago. MARCY, Ms. Pianalto was the latest Fed official to Exchange. when the yen-dollar relationship comes express concerns about inflation in the last Treasuries fell slightly. The price of the into balance, we will have a trade sur- several days, a drumbeat that many inves- benchmark 10-year note fell 1⁄32, to 1014⁄32. The plus with Japan. No, no. tors think is a not-so-subtle message that yield, which moves in the opposite direction No trade surplus with Japan because the central bank will raise short-term inter- of the price, rose to 4.98 percent, from 4.97 on est rates, now at 5 percent, at its next meet- they still have a closed market, and we Friday. ing on June 29. Earlier, the Fed had indi- Here are the results of yesterday’s auction act like they don’t. So we take their cated that it might pause in its two-year of three- and six-month Treasury bills: products, but they don’t take our prod- campaign of raising rates. [000 omitted in dollar figures] ucts. So Japan has now become our The Fed is ‘‘adding to a little of this largest financer, and every day we pay hysteria that is building,’’ said James W. 3-Mo. Bills 6-Mo. Bills Paulsen, chief investment strategist at Wells them interest on their greater and Price ...... 98.786 97.510 greater loans to us. Capital Management. High Rate ...... 4.800 4.925 Mr. Speaker, America cannot con- To be sure, Ms. Pianalto, who is one of the Investment Rate ...... 4.926 5.121 Low Rate ...... 4.760 4.880 tinue on this course. In fact, analysts 11 officials who vote on Fed’s interest rate policies, said that inflation, though worri- Median Rate ...... 4.780 4.905 are saying the deficit will set an even Total applied for ...... $39,754,505 $34,750,526 some, was not an ominous threat to the Accepted ...... $22,838,196 $20,264,834 higher record this year, probably close economy. Noncompetitive ...... $2,150,786 $1,697,043 to $1 trillion, if we keep going at the ‘‘Measures of long-term inflation expecta- Both issues are dated June 15, 2006. The three-month bills mature on rate that we are going today. The def- tions have been mixed lately, but, on the Sept. 14, 2006 and the six-month bills mature on Dec. 14, 2006.

VerDate Aug 31 2005 05:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.246 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3897 THE FAVORITES—STOCKS HELD BY LARGEST NUMBER OF citizens of Kansas City, Missouri, in an those ironies of life, they could have ACCOUNTS AT MERRILL LYNCH effort to try to improve the education done had they not spent their money to system. At least at that time the Su- hire the personnel to do the paperwork Change (%) Stock Close preme Court said in a 5–4 decision that for the consent decree. Day 2006 they had gone too far. In New York City, they have had, since 1974, a consent decree mandating AT&T Inc ...... 26.66 +0.2 +8.9 That kind of usurpation of other au- Avaya ...... 11.31 ¥1.6 +6.0 thorities does not actually produce the bilingual education in some of the city ¥ BkofAm ...... 48.41 0.8 +4.9 AR schools that has now been going on for Chevron ...... 57.59 +0.1 +1.4 better result. In the case that Mr. G - Cisco ...... 19.48 ¥2.5 +13.8 RETT spoke about, Frew v. Hawkins in 30 years, well past the original intent Citigroup ...... 49.33 ¥0.9 +1.6 of it, even though the parents do not Comcast ...... 32.47 ¥0.6 +25.3 2004, the Supreme Court once again ExxonMob ...... 58.24 ¥1.0 +3.7 said this can lead to the Federal want to participate in this particular GenElec ...... 33.87 ¥0.6 ¥3.4 court’s oversight programs for long pe- program. Home Dep ...... 36.26 ¥1.9 ¥10.4 Another west coast city was issued a Intel ...... 16.86 ¥1.7 ¥32.5 riods of time, even when there is no IBM ...... 77.02 ¥0.8 ¥6.3 violation of the law still in effect. consent decree in 1991 for their school JPMorgCh ...... 41.60 ¥1.2 +4.8 districts, again claiming there were too JohnJn ...... 61.38 * +2.1 Now what does this do for individ- Lucent ...... 2.41 ¥1.6 ¥9.4 uals? Let me give you a couple of ex- few experienced teachers. Again the Microsft ...... 21.71 ¥1.0 ¥17.0 court stepped in increasing the taxes of Pfizer ...... 23.29 ¥1.0 ¥0.1 amples. In a west coast city, they re- ProctGam ...... 54.31 ¥0.3 ¥6.2 cently entered into a 5-year consent, these individuals by $11 million a year, TimeWarn ...... 17.20 ¥0.9 ¥1.4 and now, 15 years later, finally, the VerizonCm ...... 31.33 ¥0.5 +4.0 actually in 2001 they went to a 5-year consent decree, in which certain prac- judge declared herself satisfied and de- f tices would be done by the police declined to extend this decree for yet an- partment of this particular city. They other 5 years. LIMITING CONSENT DECREES The problem with consent decrees is recently conducted an independent re- very simple. Once entered into, those The SPEAKER pro tempore. Under a view on how they had done in compli- previous order of the House, the gen- who are subject to those decrees have ance with the consent decree. no recourse. There is no balance, there tleman from Utah (Mr. BISHOP) is rec- The consent decree had said that is no kind of protective area in which ognized for 5 minutes. every time a police officer uses non- to go, in which case in that particular Mr. BISHOP of Utah. Mr. Speaker, I deadly force such as perhaps twisting appreciate joining the majority whip, situation it is why the majority whip an arm of a suspect to handcuff him, has asked us to introduce this piece of Mr. BLUNT of Missouri, as well as the the captain or above has to write a re- chairman of the Constitution Caucus, legislation to put a time limit on con- port of the incident within 14 days. sent decrees. Mr. GARRETT of New Jersey. For sev- There was a 94 percent compliance with eral weeks now we have tried to come that provision, but not enough to sat- f before this body and talk about issues isfy the consent decree. The SPEAKER pro tempore. Under a in which the Federal Government in its The police commissioner was sup- previous order of the House, the gen- effort to be helpful has actually caused posed to report within 45 days the quar- tleman from New Jersey (Mr. PALLONE) greater harm than good. terly discipline report. He actually is recognized for 5 minutes. (Mr. PALLONE addressed the House. We have talked about the signifi- took 15 days longer than that and was His remarks will appear hereafter in cance of sunset reviews, reviewing ad- once again out of compliance. The de- the Extensions of Remarks.) ministrative decisions, mandates, partment took 21 days rather than 7 States that would put on specific days to send in its audit report to the f pieces of legislation that would help Inspector General and was therefore The SPEAKER pro tempore. Under a solve some of those problems. Again we out of compliance. previous order of the House, the gen- come before you today, and I am grate- In fact, it would be possible to com- tleman from Nebraska (Mr. OSBORNE) is ful to be able to talk with these good ply with all the decisions of this con- recognized for 5 minutes. gentlemen about once again the Fed- sent decree if the police department ac- (Mr. OSBORNE addressed the House. eral Government, in an effort to be tually hired more personnel to keep His remarks will appear hereafter in helpful, not malicious but helpful, tip- the paperwork going. In fact, that is the Extensions of Remarks.) ping the balance of power with the net exactly what they did. They did hire f result that people are harmed, not by more personnel to do the paperwork The SPEAKER pro tempore. Under a design, but that is the way that has that was necessary to fulfill the details previous order of the House, the gen- happened. of the consent decree. tleman from Indiana (Mr. BURTON) is Consent decrees, which shift the hori- One article in the National Review recognized for 5 minutes. zontal balance of power, have had the talks about how the city’s police de- (Mr. BURTON of Indiana addressed net effect of actually harming individ- partment and their supervisors would the House. His remarks will appear uals. It is something that is a phe- meet to discuss the issues of the police hereafter in the Extensions of Re- nomenon that every State has experi- department, and their topics of con- marks.) enced. Federal consent decrees are en- versation tend to go almost universally f forced in all 50 States, which end with to how to fulfill the provisions of the The SPEAKER pro tempore. Under a judges running prisons, schools, wel- consent decree. previous order of the House, the gen- fare agencies, health care systems and If I could quote from one article, tleman from Ohio (Mr. BROWN) is recon and on, usually on decisions that they said for more than 21⁄2 hours they ognized for 5 minutes. are based upon the advice of the advo- gathered captains, sergeants lieuten- (Mr. BROWN of Ohio addressed the cates who brought original lawsuits in ants, and detectives spoke of nothing House. His remarks will appear here- the first place. but processing the paperwork. Not a after in the Extensions of Remarks.) It has been mentioned there have single word was uttered about reducing f been a couple of Supreme Court deci- crime or otherwise how to improve the The SPEAKER pro tempore. Under a sions that have talked about these phe- quality of life of people in the area in previous order of the House, the gen- nomena. The case of Jenkins v. Mis- which they serve. The supervisor who tleman from Florida (Mr. BILIRAKIS) is souri is one of those great ones in attended this meeting simply called recognized for 5 minutes. which the Kansas City school district the process pathetic. (Mr. BILIRAKIS addressed the was taken over by a Federal judge. In Oddly enough in the report of how House. His remarks will appear here- an effort to try to improve the school they were doing in fulfilling their con- after in the Extensions of Remarks.) system, not only did they use the exec- sent decree, it also mentioned that f utive authority to control hires and what the city needed were more per- The SPEAKER pro tempore. Under a fires as well as curriculum, they as- sonnel on the street and more super- previous order of the House, the gentle- sumed the legislative authority by ac- visor oversight for the officers in the woman from California (Ms. WOOLSEY) tually advancing a property tax on the field, which oddly enough, in one of is recognized for 5 minutes.

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A13JN7.120 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3898 CONGRESSIONAL RECORD — HOUSE June 13, 2006 (Ms. WOOLSEY addressed the House. ator Daniel Patrick Moynihan and he The bombing of the U.S. embassy in Her remarks will appear hereafter in had a quote that he used often. He said Beirut, April 18, 1983. Sixty-three peo- the Extensions of Remarks.) everyone is entitled to their own opin- ple, including the CIA’s Middle East di- f ion, but they are not entitled to their rector, were killed. Islamic Jihad The SPEAKER pro tempore. Under a own facts, and I think that kind of claimed responsibility. previous order of the House, the gen- crystallizes the genesis of the Official Naval officer assassinated in El Sal- tleman from Texas (Mr. POE) is recog- Truth Squad and why we felt it was so vador on May 25, 1983. nized for 5 minutes. important to come to this floor and Bombing of the marine barracks, Bei- (Mr. POE addressed the House. His talk about various issues. rut, October 23, 1983. There were simul- remarks will appear hereafter in the So, Mr. Speaker, tonight is a topic taneous suicide truck bomb attacks Extensions of Remarks.) that is extremely important, and it is a made on American and French com- f discussion that is important, and it is a pounds in Beirut, killing 242 Americans The SPEAKER pro tempore. Under a topic that demands the truth. and 58 French troops killed when a 400- previous order of the House, the gentle- Tonight, we are going to talk a bit pound device was deployed at a French about the war on terror, and it is one of base. The Islamic Jihad claimed re- woman from North Carolina (Ms. FOXX) is recognized for 5 minutes. those areas where, yes, people can have sponsibility. (Ms. FOXX addressed the House. Her their own opinions, and it is important Facts, Mr. Speaker. remarks will appear hereafter in the but it is also important to make cer- Naval officer was assassinated in Extensions of Remarks.) tain that we think and talk about the Greece, November 15, 1983. facts of the war on terror. Kidnapping of an embassy official f I am going to be joined by a number and the murder of political officer Wil- THE OFFICIAL TRUTH SQUAD of colleagues this evening, but I wanted liam Buckley in Beirut, Lebanon, The SPEAKER pro tempore. Under to start off by outlining or by citing March 16, 1984. the Speaker’s announced policy of Jan- actions, events that have occurred in Restaurant bombing in Spain, April uary 4, 2005, the gentleman from Geor- the war on terror. And many people 12, 1984. Eighteen U.S. servicemen were gia (Mr. PRICE) is recognized for half have differing opinions as to when the killed, 83 people injured. the remaining time until midnight as war on terror actually began, when did TWA hijacking June 14, 1985. the designee of the majority leader. the terrorism begin to threaten us. I Achille Lauro hijacking, October 7, Mr. PRICE of Georgia. Mr. Speaker, I think it probably was in 1979, and we 1985. appreciate the opportunity once again will talk about that a little bit, but I Aircraft bombing in Greece, March to come before the House. I want to want to just highlight a list of ter- 30, 1986. thank the leadership and the con- rorist activities that I think bring real Berlin discotheque bombing, April 5, ference for their providing us the op- focus to the war on terror and that, Mr. 1986, two U.S. soldiers killed and 79 portunity to come and talk this Speaker, are terribly sobering, but I American servicemen injured. evening for a while and share some think they are important as we kick Bus attack, April 24, 1987, 16 U.S. views with the Members of the House off this discussion about the war on servicemen riding in a Greek air force about a very important topic. terror. bus near Athens were injured. We have coined this on occasion the There are literally tens, if not hun- Kidnapping of William Higgins on Official Truth Squad. This is the House dreds, of events that one could cite as February 17, 1988. He was kidnapped Official Truth Squad, the Republican being associated with the acts of ter- and murdered by Iranian-backed conference Official Truth Squad that rorism around the world, but I would Hezbollah. grew out of a general frustration on like to just highlight a number of them Naples USO attack on April 14, 1988. the part of many Members of the fresh- here. Attack on U.S. diplomat in Greece, men class, 25, 26 strong, who are now I am going to go in chronological June 28, 1988. Defense attache to the about 18 months into our first term in order. I am going to start in 1961 when U.S. embassy in Greece was killed Congress. the first U.S. aircraft was hijacked on when a car bomb was detonated outside And after about 6 months, we met May 1, 1961. his home in Athens. and shared conversation and thoughts A number of events occurred over the Pan Am 103 bombing, December 21, about the House of Representatives and next decade, but we all remember the 1988. Pan Am 103 was blown up over where we are going as a Nation. There Munich Olympic massacre on Sep- Lockerbie, Scotland, by a bomb be- was some real concern about what we tember 5, 1972. lieved to have been placed by Libyan sensed as the politics of division and The ambassador to the Sudan was as- terrorists, 259 people killed. the politics of deception that seemed sassinated on March 2, 1973, U.S. am- And then of course, Mr. Speaker, the to be practiced by many here in this bassador to Sudan Cleo Noel. Other first World Trade Center bombing, Feb- Chamber and across the land, frankly. diplomats assassinated at the Saudi ruary 26, 1993, when a car bomb, plant- So we organized what we called the Arabian embassy in Khartoum. ed by Islamic terrorists, exploded in an Official Truth Squad and come to the There was the attack and hijacking underground garage leaving six people floor of the House on many occasions, at the Rome airport in December, De- dead and 1,000 people injured. as often as possible, at least try to do cember 17, 1973. Something we oftentimes forget or it at least once a week. We broadened The United States ambassador to Cy- very few people talk about, there was that participation in the Official Truth press, Rodger Davies, and his Greek an attempted assassination on Presi- Squad, Mr. Speaker, because I think Cypriot secretary were shot and killed dent Bush by Iraqi agents on April 14, other Members of the conference felt on August 19, 1974. 1993. that was an appropriate thing to do, to Ambassador to Afghanistan was as- Saudi military installation attacked try to bring some light, shed some sassinated on February 14, 1979, and of November 13, 1995. light and truth on the issues that we course, the Iran hostage crisis began in Khobar Towers bombing June 25, talk about here in the United States November of 1979 when Iranian radicals 1996, in Dhahran, killing 19 U.S. mili- House of Representatives, because it is seized the U.S. embassy in Tehran and tary personnel, wounding 515 persons so doggone important to make certain took 66 American diplomats hostage, including 240 U.S. personnel. that we have truth and facts when we holding 53 of them for 444 days. Empire State Building sniper attack are talking about issues. Because if Grand mosque seizure, November 20, in February of 1997. you don’t have the right facts, the 1979, in Mecca. The murder of a U.S. businessmen in truth of the matter is, it is tough to U.S. installation bombing, August 31, Pakistan, November 12, 1997. get to the appropriate solution. 1981 in Ramstein, West Germany. U.S. embassy bombings in east Afri- Assassination of President Sadat, the ca. August 7, 1998, a bomb exploded at b 2245 Egyptian President, on October 6, 1981. the rear entrance of the U.S. embassy We have adopted a slogan or a quote Murder of missionaries on December in Nairobi, Kenya, killing 12 U.S. citi- that we like to call on by the late Sen- 4, 1981 in El Salvador. zens and 32 foreign service nationals

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.253 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3899 and 247 Kenyan citizens. Almost simul- others, and it demonstrated, Mr. incredibly important war. Thank you taneously a bomb detonated in Tan- Speaker, that we are making progress, so much for your participation tonight zania, killing 7 foreign service nation- that we are able to penetrate and begin in bringing a little light, a little vision als, 3 Tanzanian citizens and injuring 1 to dismantle this terrorist infrastruc- and a little truth to the discussion. U.S. citizen and 76 Tanzanians. ture that frankly has identified Iraq as We are also joined tonight by Con- It is sobering, Mr. Speaker. the front in their war against America. gresswoman MARSHA BLACKBURN from Attack on USS Cole. October 12, 2000, I would also like to call the House’s Tennessee who is almost a regular on a small dinghy carrying explosives attention, Mr. Speaker, to another vic- the Official Truth Squad that brings rammed the destroyer USS Cole killing tory that we experienced last week. some truth and light to so many top- 17 sailors. On June 8, which was Thursday, Mr. ics, and she has a clear vision as well Manila bombing in December 2000. Speaker, the guided missile destroyer and a great perspective on the impor- Philippines hostage incident, May USS Cole joined two Iwo Jima Expedi- tance of truth in this discussion but 2001. tionary Strike Group on their way to also the importance of waging this war And then the attack on September the Middle East. This marked the USS on terror, and I am happy to yield to 11, 2001, on the U.S. homeland, four Cole’s first return to Middle Eastern my good friend from Tennessee. planes, two colliding with the twin waters since the October 12, 2000, sur- b 2300 towers in New York, one crashing in a prise terrorist attack on the ship while field in southern Pennsylvania and one it refueled in Aden Harbor, Yemen. Mrs. BLACKBURN. I thank the gen- crashing into the Pentagon, 3,025 On a somber note, this viscous, tleman from Georgia for yielding. He is United States citizens and other na- unprovoked terrorist attack by al so appropriate in his remarks this tionals killed. Qaeda terrorists on this U.S. warship evening as we talk about the big pic- Mr. Speaker, you can have opinions claimed the lives of 17 U.S. sailors. ture of what is happening with the war about what is going on here, but you Among these brave sailors was Hull on terror and reminding us that this is cannot dispute the facts. That the war Maintenance Technician 2nd Class not something that happened last on terror should have begun long ago. Kenneth Eugene Clodfelter who was a week, last month, last year, or just The terrorism has plagued our Nation constituent of mine. within the last decade. This is some- for years. This is a long, long battle, His loss will forever be felt and his thing that started happening four dec- and it is a real war. service never forgotten by any of us, by ades ago and has grown more and more So to talk about some of those facts the citizens of his home county, Han- and more repetitive in attacks and ac- tonight I am pleased to be joined by over County, Virginia, and in fact, the tions and outward expressions of ag- some very good friends and colleagues. entire Nation. gression as we have moved through the Representative ERIC CANTOR is the dep- It is a fitting tribute that the ship on past four decades. uty majority whip from the State of which Kenneth served and gave his life Yes, what has happened is we have Virginia, and he joins us this evening returns to those same waters, reborn, moved from responding to these ter- to talk a little bit about the war on resilient and again ready to bring the rorist attacks as acts of civil disobe- terror and to share some perspective fight to the enemy, the Islamic fascist dience to getting to the point after during this week when we have had ac- terrorists who seek only death and op- September 11 that we said, no, this is tually some very, very good news and pression. not just civil disobedience, this is an some very good facts come out on the Mr. Speaker, I believe this statement act of war. This is now a global war on war on terror. by the USS Cole’s newest commanding terror and, indeed, it is important, it is I am pleased to yield to my good officer, Commander Bradley Roberson, imperative that we win in the battles friend from Virginia (Mr. CANTOR). says it best, and Commander Roberson in Afghanistan and that we win in the Mr. CANTOR. Mr. Speaker, I thank said: ‘‘We draw strength from this battles in Iraq. And as the gentleman the gentleman from Georgia, and Mr. being a very stout and resolute hull. from Georgia has mentioned, this is Speaker, I want to commend the gen- The crew reflects that and the fighting not something that is going to be quick tleman for his meticulous research in spirit of the navy. I think the ship and easy. This is going to be a long recounting the numerous incidents of symbolizes America, its determination, fight and a long struggle. terrorist acts against American citi- its fortitude and the resolve that we We must be certain that we all real- zens over the last several decades, and will be around no matter what.’’ ize that our enemy is not an enemy I think that the gentleman makes a Mr. Speaker, I would also like to that is located in one single place. point that will really be the focal take a moment to commend and honor There are terrorist cells all around the point, the central point of the debate of the thousands of Virginian National globe. At this point, yes, indeed, pri- the floor of this House on Thursday, Guard and Reserve soldiers, sailors, marily they are drawn into Iraq be- and that is, that the war in Iraq, the airmen and marines who have served in cause of the battle that is there, and war in Afghanistan and all of the other our struggle to rid the world of Is- that is one of the reasons it is impor- incidents that the gentleman speaks of lamic-fascist terror. tant that we fight and that we win. is part of a greater war against terror- As we speak, more than 1,000 brave As the gentleman from Georgia ists. men and women in dozens of Army Re- knows, Mr. Speaker, we are winning. I want to respond to a statement that serve, Army National Guard, Marine And we hear this from our men and was made earlier from a colleague from Corps Reserve, Navy Reserve, Air Na- women in uniform. We hear it from the other side of the aisle. He ended his tional Guard units from central Vir- them in the stories that they recount remarks by mentioning the war in Iraq ginia continue in this struggle. to us. We hear it from their families. and portraying it as a vicious war we So, Mr. Speaker, I would again like And we are very, very grateful to every should never have been in anyway. to thank the gentleman from Georgia one of these families and every man I think, Mr. Speaker, that the gen- for his leadership, not only on the Offi- and woman in uniform who stands and tleman from Georgia has just laid out cial Truth Squad, but on this very, fights and who understands the mission the facts as they are. We did not ask very important topic of the war of why we fight. for this war. The terrorists started this against the terrorists, a war against an Mr. PRICE of Georgia. If the gentle- war. We must respond in order to se- enemy that frankly harbors a view of woman will yield. cure our citizenry, in order to secure the world very different from those of Mrs. BLACKBURN. I would be glad to America. us in this country and one in which we yield to the gentleman. I would, however, like to pick up will not stand down. Mr. PRICE of Georgia. A couple of from where the gentleman left off and Mr. PRICE of Georgia. Mr. Speaker, I points you make are so important for the fact that we have experienced some thank the gentleman for his comments this discussion. One is about the qual- victories over the last week, one in and his keen perspective and dedica- ity and nature of our enemy. It is un- which we saw the killing of Zarqawi tion to the support of our men and like any enemy we have ever faced be- who was a leader in a terrorist activity women in the military who are waging cause it is not an enemy who is attain- in Iraq against American citizens and this incredibly important battle and ing ground or territory. This is an

VerDate Aug 31 2005 05:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.258 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3900 CONGRESSIONAL RECORD — HOUSE June 13, 2006 enemy that hates us because of who we thank the leadership for setting aside dare you to strike at us again, and on are, what we are, and what kind of gov- this time for us to focus once again on and on and on. And finally this Presi- ernment we have. They clearly have why we fight and why we must win and dent and this Congress had the courage stated that democracy is their enemy. why it is imperative that we have a to stand up and take it to the enemy. It is not a territory. democratic ally in the Middle East and And I would point out that at that par- And you mentioned about the troops that we break apart the stranglehold ticular time, Mr. Speaker, this battle being behind our actions virtually 100 that terrorism has had on that region was not against any one individual but percent. I was so heartened to see the of the world. this was a long slog, that it was going President in Baghdad earlier today in I thank the gentleman for the time, to be tough, that the global war on ter- the tape we saw and the welcome he re- and I yield back to him. rorism would not end with just one ceived from our U.S. troops. It was just Mr. PRICE of Georgia. I appreciate so battle. incredibly moving to see our President much your participation tonight, and I It is so interesting, as we hear from visit our troops there and to visit the join you in looking forward to our dis- the other side, that finally the track- new government in Iraq. cussion and our debate on Thursday. ing down and the killing of Zarqawi I yield back. We will spend the majority of the day was almost a nonevent. It doesn’t mat- Mrs. BLACKBURN. Indeed, it is here in the United States House of Rep- ter. They are going to replace him with heartening to see that. And what a resentatives talking about the war in someone just as terrible and we won’t source of encouragement for those men Iraq and talking about the war on ter- even notice the difference. That would and women in uniform to be in their ror and the importance of it and bring- be like saying that Knute Rockne was day working in Baghdad and all of a ing a perspective that I think is so going to be replaced at Notre Dame, or sudden they receive the news that their needed for the American people to see a Lou Gehrig was going to be replaced Commander in Chief has flown through and appreciate as we recognize the lon- by the New York Yankees and nobody the night to come and say thank you to gevity of the battle that has occurred would know the difference. them for that work; thank you for already and the challenges that we This guy was the worst of the worst. what they are doing for this country. have before us. And I think that what we have done And as the gentleman just men- I am so pleased to be joined by my last week in killing Zarqawi is a tre- tioned, we fight because we have an colleague from Georgia this evening, mendous accomplishment for our mili- enemy that would destroy what this Congressman PHIL GINGREY, my good tary, for the Iraqi people, for the intel- country is built on. It would destroy physician colleague from Georgia and ligence that was brought to bear that what we stand for. It is imperative that also congressional colleague from led to the success and also, Mr. Speak- we win so that we continue with Amer- Georgia. He is an individual also who er, in regard to the Iraqi Government ica as we know America, so that we recognizes the extreme importance of finally, very carefully vetting individ- continue to live our lives in freedom, the support of our military forces and uals to place as ministers of defense, so that our children go to school not in the gravity of the war in which we are ministers of interior, and minister of fear but go ready to learn and with a engaged now, this war on terror. their national security. These are huge sense of security, so that we live in our I am pleased to have you join us to- items of success. homes, so that we go to work, so that night and yield to you. I want to say to my colleagues on the we have our daily life and carry on our Mr. GINGREY. I thank my colleague other side that we will, as the gen- business and do it without the fear of from Georgia for yielding. I certainly, tleman from Georgia has pointed out, being interrupted by terrorist threats, certainly appreciate, Mr. Speaker, the we will discuss this thoroughly, and by terrorist strikes, by terrorist fight- Official Truth Squad that the gen- every Member in this body will have an ing that would take place in our tleman has led, and particularly to- opportunity to have their say about streets, in our cities here in America. night in regard to this subject. what we are trying to do and whether Mr. PRICE of Georgia. If the gentle- The gentleman spent 10 or 15 minutes we support continuing this battle or woman will yield once again. actually going through a historical whether we decide that it is time that, Mrs. BLACKBURN. Be happy to. perspective, taking us, Mr. Speaker, all as the gentleman from the State of Mr. PRICE of Georgia. I think it is the way back to the 1960s, as he out- Washington said earlier this evening, important because when we talk about lined the attacks that have occurred to bring our troops home. I think it is opinions and facts, a lot of people have against this country, and made the very simple. I hear the Members on the their opinions about the nature of our point that this policy that we have had other side of the aisle saying, well, the enemy and what their goal is, but the heretofore prior to our President’s re- American people are against this, the fact of the matter is you don’t have to sponse to 9/11, on September 11, 2001, American people have turned against look too far because you can look to this so-called policy of containment this. Well, if that is the case, when we their words. You can look to their that has proven itself to be a dismal have this simple resolution on Thurs- words, and we have a quote here from failure because of these attacks, one day or Friday morning, then they will al-Zarqawi, who was finally brought to right after another, as the gentleman have an opportunity then to vote the justice in the past couple of days, and pointed out, Khobar Towers, U.S.S. way they think the American people what he said in January of 2005. Cole, first attack on the World Trade want. These are his words, now. These are Center, and finally leading up to the I, Mr. Speaker, refute that. I think not our words but his words: ‘‘We have horrendous killing of over 3,000 people the American people stand strong and declared a fierce war on this evil prin- on September 11. understand that when you are in a con- ciple of democracy and those who fol- We didn’t start this fight, Mr. Speak- test, you don’t say, we are going to low this wrong ideology.’’ That is the er; and I think that is the gentleman’s play the game for 60 minutes, but if it nature of our enemy. That is why it is point. It was just astounding to me to happens to go into overtime then we unlike any enemy that we have ever, hear someone from the other side ear- are going to pull our team off the field ever had before. lier this evening imply that we started because we don’t want to go any fur- And I yield back to the gentlewoman. this battle, that we have got no busi- ther. This is what this is all about. Mrs. BLACKBURN. The gentleman is ness defending freedom and standing up And, again, I want to thank the gen- so correct in that, and for them it is a for the rule of law. tleman from Georgia for leading the fierce war to bring down the pillars of Edmund Burke once said that ‘‘all Official Truth Squad. As he said at the free enterprise, to bring down those that is necessary for the triumph of outset, you are entitled to your own underpinnings of democracy that allow evil is that good men do nothing.’’ And opinion, but you are not entitled to us to be a productive society, that quite honestly, Mr. Speaker, over the your own facts, and these are the facts allow us to be a free society. last 40 years, as the gentleman from that Congressman PRICE has brought to I know that I join the gentleman Georgia has pointed out, we basically us as he outlined what has happened from Georgia in looking forward to the did nothing. It was like turning the over the last 40 years. debate we are going to have in this other cheek, or I dare you to do that It is time that we stood up. We are body this week, and I want to again again, or I double dog, even triple dog going to win this battle, and we want

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.260 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3901 to make sure that every Member of is important for the American people I am so proud to have the oppor- this body has an opportunity to vote to appreciate that yes, indeed, there tunity to stand here with my col- yea or nay. So I commend the gen- are benchmarks that one can follow, leagues and to highlight some of the tleman from Georgia, and I yield back and that we have made incredible truthful and honest efforts that this to him. progress, not just in the war on terror government, this administration, this Mr. PRICE of Georgia. I thank the but in the battle in Iraq. House of Representatives is taking to gentleman for joining us tonight, and I In the short term, we have an Iraq make certain that that vessel of lib- appreciate your perspective and your that is fighting the terrorists and neu- erty and that beacon of hope rings true commitment to our servicemen and tralizing the insurgency, meeting polit- around the world. -women and for the sober reflection ical milestones, which they have done f that you gave on the situation that we to a remarkable degree, building demo- CROSSROADS IN IRAQ find ourselves in today and the impor- cratic institutions and standing up ro- tance, the real importance of this war. bust security forces. We hear over and The SPEAKER pro tempore (Mr. And it is a real war. It is a real war, over that those security forces number MACK). Under the Speaker’s announced and you know and understand that as around 250,000, which is truly remark- policy of January 4, 2005, the gen- well as anybody. able. They are destroying terrorist net- tleman from Missouri (Mr. SKELTON) is I also appreciate your reminding works and maintaining security and recognized for the remaining time folks again that on Thursday we will tackling key economic reforms to lay until midnight as the designee of the be spending time on this floor dis- the foundation for a sound economy. minority leader. cussing the war on terror and the im- So in the short term, those are the Mr. SKELTON. Mr. Speaker, tonight portance of it and why America has kinds of benchmarks that we should be I wish to speak about Iraq, a separate found itself in this situation, why it is looking at. Many of them have been ac- and distinct war from the war on ter- important that we respond in the way complished. rorism. Those who are terrorists with that we have. In the medium term, an Iraq that is their genesis in Afghanistan have a When I am at home, I hear people in the lead defeating terrorists and in- goal of creating a fundamentalist Mus- talk about the war in Iraq. And when- surgents and providing its own security lim caliphate all across the Middle ever I discuss this with some of my with a constitutional, elected govern- East. The insurgents are Baathists and constituents, I oftentimes will say it is ment in place. Mr. Speaker, that is a Sunnis in Iraq who have as their goal a important for us to remember that this medium-term goal that has been de- separate and distinct one of toppling war in Iraq is really just the battle in scribed for a number of years and in the government that is there and cre- Iraq in the larger war on terror. And fact has now been accomplished, pro- ating their own. the gentleman from Georgia just de- viding an inspiring example to reform- My friends on the other side of the scribed it extremely well, that the pol- ers in the region, and well on its way to aisle wish to confuse the battle against icy of containment that we had used in achieving its own economic potential. terrorists and the battle against insur- the past, prior to 9/11, was a dismal And then in the longer term, Mr. gents in the country of Iraq. Tonight I failure. And so this is truly a war. It is Speaker, we will know that victory in wish to speak about Iraq because we a real war. It is a real war in which we Iraq has been obtained when an Iraq are at a strategic crossroads as a Na- must engage, and it wasn’t of our has defeated the terrorists and neutral- tion regarding that war. choosing. It wasn’t of our choosing, Mr. ized the insurgency, an Iraq that is I wish to speak about the health of Speaker. peaceful and united and stable and our military that is being drained by I want to spend the final few mo- democratic and secure where Iraqis the war in Iraq. As a matter of fact, we ments that I have to talk about an have the institutions and resources are sustaining a battalion’s worth of issue that is related to the war on ter- that they need to govern themselves casualties every month wounded and ror and the battle in Iraq that we have justly and to provide security for their killed in Iraq and Afghanistan. The right now, because you hear so many own country, and an Iraq that is a number of attacks on the American people say, how are we going to know partner, a partner in the global war on and allied forces is at the highest level when it is over? How are we going to terror and the fight against the pro- since the insurgency began despite the know what victory is? How will we liferation of weapons of mass destruc- increase of America combat operations know when we win? tion, integrated into the international and the introduction of some 40 new It is difficult. I understand that. It is community and an engine for regional Iraq security forces and battalions. difficult because this, again, is a war economic growth and proving the fruits An ABC poll shows that 60 percent of unlike any war we have ever had. Vic- of democratic governments to the re- Americans disapprove of the situation tory in Iraq will not come in the form gion. in Iraq. What is responsible for us ar- of our enemy surrendering, because our Mr. Speaker, those are the kinds of riving at this point? I have to say a lot enemy doesn’t hold any territory. It is benchmarks we ought to be looking at. of good words about our military, the not like they can say, okay, I give up, There won’t be a surrender. There finest we have ever had, they are doing I am not going to fight any more. And won’t be a signing. There won’t be a a superb job. I am proud of them, and it won’t be signaled by a single par- waving of the white flag certainly by every American should be. But there ticular event. our enemy. We just hope Members in have been operational strategic mis- For folks who remember past wars this body and across the Nation do not takes sadly made by the administra- and past ends to past wars, there will wave the white flag. This is an impor- tion that has brought us to this point be no Battleship Missouri signing. tant battle. It is a part of the war on at a crossroads in Iraq. There will be no Appomattox signing. terror. It is imperative that we wage First, allowing the looting; second, The ultimate victory in the battle in this with the vigor and enthusiasm and not having a plan for the aftermath, al- Iraq will be in stages. And I think it is the spirit that we saw on the faces and though duly warned; by dismissing the important to point out that these heard in the voices of American sol- Iraqi Army rather than giving them a stages have been defined by members diers as they greeted President Bush as paycheck and a shovel; failure to plan of the military and members of this ad- he made his visit to Baghdad. and have American civilian profes- ministration and have been articulated Mr. Speaker, America is a wondrous sionals from the State Department, by the administration as well as mem- and a glorious nation. Freedom’s light Transportation Department, Agri- bers of the United States House of Rep- is strong here. We are a vessel of lib- culture Department, and Judiciary resentatives leadership and others. erty and a beacon of hope to so many with the right skills to advise the people around the world. The work Iraqis when they took over their gov- b 2315 that we do here is so important as we ernmental ministries; the failure to And they have been defined in the continue to provide that American react to the wartime collapse of the short term, in the medium term and in leadership, international leadership, Iraqi military and security police the long term. I would like to run and show that light, show that light of forces; and the decision to disband the through those briefly because I think it freedom. Army, as I mentioned; failure to have a

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.261 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3902 CONGRESSIONAL RECORD — HOUSE June 13, 2006 sufficient number of American troops committee that have served on the lion Iraqis have safe access to drinking at the beginning and later as General committee traveled, I think every water. This is significantly lower than Eric Shinseki warned. Democrat has been to Iraq at least pre-war levels and about a third of This is a year of transition in Iraq. twice, will follow me and tell you that what the CPA was aiming at. We have The bill that we passed last year, the the administration is simply not being failed to do our jobs in terms of pro- defense bill, stated that calendar year candid, honest and truthful with the viding electricity, providing the water, 2006 should be a period of time of sig- American people about the situation in providing the economic development, nificant transition to full Iraqi sov- Iraq. As Mr. SKELTON indicated, we providing jobs. Any country in the ereignty with Iraqi security forces tak- went into Iraq without enough troops. world with a 40 percent unemployment ing the lead for the security of a free General Shinseki told us we were going rate is going to have an insurgency. and sovereign Iraq, thereby creating to need a few hundred thousand troops. Now, maybe the administration could the conditions for the phased redeploy- What did they do at the Pentagon, they point to success in building a train sta- ment of the United States forces from put him out to pasture as if he did not tion, but we can’t have success without Iraq. know what he was talking about. providing the necessities of life. So the If we are not able to redeploy our The reality is that the situation in administration talks about how much forces from Iraq, the health of our mili- Iraq is deteriorating. Mr. SKELTON safer things are. But the reality is, if tary will be seriously endangered. We talked about the insurgency in Iraq. you look at the facts, you see that are wearing the troops out. Not just Ninety to 93 percent of the insurgents staying the course is just not an option the troops, but the equipment. As a in Iraq are from within Iraq. There is for the United States. We have to look matter of fact, Mr. Speaker, 13,849 an outside group of somewhere between at the facts. We have to look at the members of the selected reserves have 8 and 10 percent terrorists that have fact that the challenges in Iraq are had three deployments, and 10,408 have come over the border. It makes you growing every day. Our military is been deployed more than three times. wonder why the President said to every stretched to the limits. 20,000 Ameri- Well, where do we go from here? terrorist in the world, Bring it on. cans, brave American soldiers have ei- We have to do our best to train those Bring it on. ther been injured, seriously injured, or Iraqis, let them and their government There are more attacks today in Iraq have been killed. So what we would know that the ball is in their court. We by the insurgency than ever. The situa- like is a debate on Iraq, not some kind have to make sure they are properly tion is growing worse because the in- of political statement that merges Iraq equipped, and I might also say that the surgency is growing stronger. Sec- with Afghanistan, with Spain, with equipment of the Army and Marines tarian violence is becoming more com- London, and put it all together and call Corps ground equipment is wearing mon, and violent crime is on the rise. I it the war on terror and say we support out. Some of it is wearing out from two am not just saying these things, the our troops. We all want to win the war to nine times the peacetime rate. facts support these things. Despite the on terror. We all want to make sure We have global interests, potential claim that the available combat power that we support our troops. But we of the Iraqi security forces is increas- threats from elsewhere, North Korea, really ought to have a discussion of ing and the operational tempo has sig- Iran, Taiwan Straits and the like. We what is going on in Iraq. And there are nificantly stepped up, violent insurgent must be prepared for any future threat. members of the Armed Services Com- attacks have increased every month That is why it is important that this be mittee who have been trying to get a transition year, 2006. this year. That is a fact. Violent crime in Baghdad is at its that discussion, trying to get that ac- Mr. Speaker, at this time I yield to countability who are here today. And I the gentleman from Massachusetts highest level since August 2003. That is a fact. want to yield to the gentlewoman from (Mr. MEEHAN). Insurgent attacks have increased California to continue this discussion. Mr. MEEHAN. Mr. Speaker, I thank every month this year, and that is a Mrs. TAUSCHER. I thank the gen- the gentleman for yielding and I want fact. But we keep hearing about how tleman for yielding. I think many of us to commend his efforts as the ranking things are getting better. Insurgency is find ourselves deeply distressed that we Democrat on the Armed Services Com- as large today as it has been at any are here to talk about a so-called week mittee for making sure, as other Demo- point in Iraq. That is a fact. about the war on terrorism when we cratic members have, that the men and The administration has been stress- were promised months ago by the ma- women who serve this country get the ing to us that reconstruction is going jority leader a debate on Iraq. equipment that they need to succeed. well and that progress is being made, There is a convergence here of Many of us were stunned to see so and certainly in some parts of the themes that have been deeply dis- many of our men and women put into country that is true. But you cannot appointing to me for well over the last harm’s way without having enough look at the totality of the cir- 2 years, as I saw the administration uploaded Humvees and Kevlar vests. cumstances and say that the adminis- begin to use terms like the ‘‘global war I also want to acknowledge the gen- tration is being honest or truthful with on terror’’ to begin to cover for what tleman for considering the casualties the American people. has clearly been a mistake in Iraq. I that we are taking. I believe the gen- While we debate here tonight, resi- am here tonight because I believe it is tleman said a battalion per month. A dents of Baghdad receive 3.9 hours of high time for a change of direction in battalion per month. electricity per day. Let me repeat that: Iraq. What effect is this going to have on 3.9 hours of electricity per day. So it is I honor the sacrifice of our fighting the long-term implications for national great that those satellite dishes are up, men and women and their families. security and our military? One of the but people are unable to use them. Be- With 2,498 American deaths in Iraq things a country has to do in a time of fore the war, people in Baghdad could today since the beginning of the mili- war is tell the truth about what is hap- depend on 16 to 24 hours a day of elec- tary operations, it is time that the pening in Iraq and Afghanistan. Yet tricity, and this past month, it is only Bush administration finally levels with the administration continues to think 17 to 20 percent of the prewar output. the American people. I think we first that the American people cannot han- It is really hard to focus on democra- have to go back to where, the begin- dle the truth or do not want the truth. tization when you live by candlelight ning, to when, after the September 11 We experience setbacks. We have strat- and cannot store your food. Drinking attacks and after this House, Demo- egies that do not work. They continue water is not readily available either. crats, Republicans, along with the Sen- to tell us we should stay the course and Back in 2003, the Coalition Provisional ate and the American people, agreed everything will be all right. We have no Authority stated that the goal was to that we had to topple the government, accountability on the part of the Con- have 23 million of the 26 million Iraqis the Taliban government in Afghanistan gress, either the House or the Senate, with access to potable water. that had harbored the al Qaeda terror- to hold the administration accountable ists that had attacked us on September for what their policies are or aren’t. b 2330 11. Members of the Armed Services Com- Do you know where we stand today And after we took that government mittee tonight, Democrats on that in that goal? Just a little over 8 mil- out and began to move that operation

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.263 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3903 toward, hopefully, a successful Afghan- decisions as to how and where to use the majority has, you will never come istan, we began to hear the drumbeat those forces. And we have grave doubts up with the right answers. You will of talk out of the administration that about whether he has made the right lose the faith of the American people, Iraq was a big threat to us, that we had decisions in Iraq. In fact, the record and you will undercut the mission of mushroom clouds in our future, that shows he has made a series of poor de- those in the field. We support, respect, this was a country with a leader in cisions that put the country in great and admire the efforts of those in the Saddam Hussein who was an imminent trouble. field. That is why we should be asking threat to the United States. Many of us But the job of the Congress is to the hard questions. in the post-September 11 time believed oversee and ask the questions as to I would like to yield to my friend that we had to do something more than whether the policymakers in the execu- from California who is not only asking just fly flights over Iraq and deal with tive branch, from the President on good questions but providing some of those issues that we had to really move down, are doing the job that we want the answers, my friend Mrs. DAVIS. and to do things to create the kind of them to do. This Congress, this major- Mrs. DAVIS of California. I want to coalition of not only the willing but ity in Congress has failed to do that raise an issue that I think has really the capable that we had when George job, has failed to ask the questions not gotten a lot of attention, and that Bush’s father went after Saddam Hus- that need to be asked: is the fact that our troops have been sein in the first gulf war. Why did the Pentagon ignore the ad- asked to play roles that they really The real issue right now is what have vice of the Chief of Staff of the Army, didn’t train for. One moment our we done in Iraq to make sure that we General Shinseki, and send fewer than troops are being asked to work with ci- can actually succeed. And I think that half the number of troops that he rec- vilians in Iraq and with the local gov- what we have, unfortunately, has been ommended? Why did the administra- ernments. They are being asked to a number of mistakes by the civilian tion ignore the advice of their own teach them negotiating skills. And leadership in the Pentagon. We have State Department experts and imme- then in the next minute, they are being heard them all before. The litany is diately disband the Baathist Party, the asked to go outside and control the long and getting longer. It begins with whole thing? Why did they further ig- chaos that is swarming in the streets. not really understanding the context of nore the advice of those experts and Well, you know what? We know that Iraq. It begins with not really under- disband the Iraqi Army, the whole our soldiers have answered these calls, standing that we needed more troops thing? and they do it better than anyone on the ground after we took Saddam Why did they not guard the ammo could have ever expected them to. But Hussein’s government down than we dumps that are now providing the fire the fact that they have had to perform actually need to do the taking down of power that is making IEDs that are these different roles is disturbing evi- the government. killing Americans every day? Why did dence of the way the President and his It began with not really under- they not properly set up supervision of civilian leaders have planned so poorly standing the context and the construct the prisons so that we have the na- for this war and the aftermath that we of those, the sects in Iraq and the en- tional scandal of Abu Ghraib and the are still in today. mity and the fear and the kind of re- grave damage it has done to the rep- But don’t listen to me. Listen to General McCaffrey who has made nu- prisals that you would see if the Sunni utation of this country around the merous trips to Iraq and to Afghani- minority that had been in power during world? stan and he has publicly stated that the Saddam time actually had the And I think the central question that that critical interagency coordination Shiia come back into power and real- vexes us tonight is why have we still that was really important to get the ized how badly they had been treated not organized our intelligence func- kind of provincial reconstruction for 25 years. We have had multiple gov- tions on the ground such that we can’t themes are just beginning to emerge ernments in Iraq, and this mission has predict and stop the actions of maybe now up and running. What disturbs me morphed and constantly been redefined 25,000 people in a country of 24 million is not just the fact that our military by the administration to fit the latest people? Why is it that the resistance is always a step ahead, that the ability to has been asked to perform those tasks; catastrophe. but in the place of people who should What I really hope we can do over the stop them is a rare occurrence? The have been performing those tasks, we next few days is have a Democratic po- fact of the matter is the Congress have very inexperienced and young in- sition begin to emerge. Our friends on hasn’t done the job that it needs to do dividuals who really have never played the other side like to talk about truth. because the majority is serving as a that role before. And Daniel Patrick Moynihan did have rubber stamp for the policies of the ad- So just now we see some changes; we that great saying about people can ministration, rather than as a coequal see that they are trying to put to- have their own opinion, but they can’t branch asking the tough questions that gether the right Foreign Service offi- have their own set of facts. Well, my ought to be asked. cers in the field. Even today, Secretary Let’s start with these: Do we have grandmother from Ireland used to tell Rice said she is still struggling to do the intelligence forces on the ground to me that saying it doesn’t make it so. that in many cases. What was needed And what is really clear is that we figure out where the resistance fighters was a plan for post-occupation Iraq have to have a movement forward by are, who the resistance fighters are, that honored the sacrifices of our this administration to not only admit and what they might do next? Have we troops. And instead they have been the mistakes that have been made, but reached out to our allies in the Arab given this burden unnecessarily and at to be sure that we actually can bring and Muslim world who deal with this great cost. our troops home sooner and safer. We problem on a daily basis to get the best I join in applauding my colleagues, as want to honor the sacrifice of our of their practices and the best of their we all are, trying to raise the facts and troops, but at the same time we want advice? The numbers of Iraqi forces, we the realities of Iraq today. And I yield to bring them home sooner and safer. were told before the 2004 election in to Mr. SKELTON. I am happy to yield to my colleague this country, that several hundred Mr. SKELTON. I thank the gentle- from New Jersey who is going to con- Iraqi security forces were trained and woman from California. This is the tinue this conversation, Mr. ANDREWS. ready to step up and defend their own year of transition. It is up to the Iraqi Mr. ANDREWS. I thank my friend for country. Rather than growing, it seems people. It is up to the Iraqi Govern- yielding. The job of the American that number is shrinking. It dropped ment. It is up to the Iraqi forces. They troops in Iraq is to fight for the cause precipitously after the 2004 election in are going to have to take it upon them- for which we have sent them to fight, this country. It has never been predict- selves with the assistance of the won- and they are doing an honorable and able. It has never been stable. It has derful Americans that are there to brave and magnificent job; and we are never been measurable. make this transition work. all proud of them and we all support The job of the Congress is to ask the I yield to the gentleman from Arkan- them. The job of the President, as the hard questions and come up with the sas, Dr. SNYDER. leader of the executive branch and the right answers. But if you deny the fact Mr. SNYDER. Last week, Mr. Speak- Commander in Chief is to make policy that the questions have to be asked, as er, all 28 Democrats of the House

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.264 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3904 CONGRESSIONAL RECORD — HOUSE June 13, 2006 Armed Services Committee signed a has totally misinterpreted the lessons Just in closing, I join my colleagues letter to Chairman DUNCAN HUNTER of the post-9/11 world. It is up to Demo- in commending our U.S. military work- asking for the reinstatement of the crats to get things right in Iraq so we ing in conjunction with Iraqi security Subcommittee on Oversight and Inves- can refocus our military efforts to and Iraqis themselves for locating and tigations. Now why do we do this? Be- fighting terrorists around the world eliminating Abu Musad al-Zarqawi. His cause 10 years ago when the Repub- who want to harm us. terrorist violence is gone. But we have licans took over control of Congress Today I ask my colleagues: Will we learned in Iraq that fighting a ‘‘classic that subcommittee on the House realistically confront terrorists and guerrilla-type war’’ means that a vic- Armed Services Committee was elimi- terrorism with all the elements of our tory like killing Zarqawi cannot be nated and the intent was that over- national power, or will we continue to celebrated too long. Much remains to sight, bipartisan oversight was to be ignore a proven approach to follow a be done in Iraq, and Democrats have to conducted by the other subcommittees. shop-worn, idealistic approach that make right where the administration That has been a failure and we have drains our military of its resources and has gone wrong. Our obligations com- seen that as members of this com- America of its good will with the very pel us to ask the tough questions that mittee, some of us for almost a decade partners that we need to fight ter- are currently ignored. now. It has been a failure particularly rorism? That is the choice our country Mr. SKELTON. Mr. Speaker, at this during this time that our Nation is at faces. time I yield to the gentleman from war. The administration has made count- Tennessee (Mr. COOPER). Our troops deserve the kind of effec- less mistakes since the start of the war Mr. COOPER. Mr. Speaker, I thank tive government oversight that they in Iraq. As Congress looks to clean up my friend, the gentleman from Mis- deserve. So what are we talking about? the mistakes that have been made, souri, for yielding. We have had corruption, we have had Democrats must speak out against this This is a very, very important sub- fraud, we have had gross mismanage- administration’s tendency to overlook ject. We, the members of the House ment; and it undermines the war in problems and instead push for a policy Armed Services Committee, support Iraq. Anthony Cordesman, the noted that centers on oversight of U.S. tax- our troops and we are for victory in expert from CSIS, concluded that we payer dollars. We must respond to the Iraq, Afghanistan, and in the global have wasted about half of the $22 bil- public’s frustrations by creating a se- war on terror. We welcome the recent lion of U.S. funds that have been spent cure future for our military and rees- good news. We are glad that they took so far in reconstruction, and much of tablish a foundation for American ef- out Zarqawi. But there is more work to the $34.6 billion of Iraqi funds. The Spe- forts to fight terrorists and terrorism be done. cial Inspector General for Iraq recon- around the globe. I also serve on the House Committee struction concluded that ‘‘corruption is We can only do that by confronting on the Budget. I am particularly inter- another form of insurgency in Iraq.’’ and repairing the waste, fraud, and ested that we pay for this war, that we So what are we talking about? We have abuse that plagues our efforts in Iraq. do not borrow the money to support spent about $1.8 billion on electricity We need to emphasize that our com- our troops from China and Iran and na- reconstruction projects, but the pre- mitment to U.S. taxpayers is equally tions like that because those nations war capacity has not yet been reached as important as the commitment we are increasingly large creditors of our for electricity generation. have made to the Iraqi people. country at a crucial time when we do We have spent $650 million of USAID I ask the American people to con- face a global war on terror. money on oil production infrastruc- sider the legacy this administration And where are we getting so much of ture, but we still have not reached the has handed us in the defense budget as this money to fund this war? From for- pre-war level production capacity. We we spend billions of U.S. taxpayer dol- eign nations. Where are the war bonds have spent about $690 million of U.S. lars without the tools and ability to for this war? Where are we borrowing dollars on water and sanitation track these dollars. Will we tolerate from our own people to pay for this projects in Iraq, and yet the percentage the squeeze that will force choices be- war? What are we paying with for our of Iraqis with access to drinkable water tween weapons and warriors because of troops? It is simply not being done by has fallen to 32 percent from the pre- a lack of administration foresight and this administration. war level of 50 percent, and the per- lack of congressional oversight? I be- But I am joined tonight by two out- centage of Iraqis with access to sewer lieve the answer is no. standing military veterans who are and sanitation has dropped from 24 per- We must consider the legacy of also members of the House Armed cent to 20 percent. waste, fraud, and abuse in Iraq. Why Services Committee. First to speak is Here is the problem: our troops are are we not getting results for our tax- the gentleman from Texas, Mr. SOL- dying and bleeding to give the Iraqi payer dollars? We do not know because OMON ORTIZ, who has got terrific expe- people a chance to do well for them- the institution endowed by the Con- rience not only in the military but in selves and their family, to have drink- stitution that is responsible for pro- preparing our troops for war. able water, to have a safe place to raise tecting your taxpayer dollars is prac- Mr. ORTIZ. Thank you so much, JIM. children, to have the kind of elec- ticing overlook instead of oversight. Tonight we want to begin an honest tricity and the kind of things they Parents who are monitoring their chil- discussion about where this Nation need for modern civilization. And yet, stands in the war that we are pros- because of the inadequacies of the way dren on the Internet are providing ecuting. And I think that we owe this the administration is conducting the more oversight than the United States to the young men and women whose war and monitoring the payments of Congress. We learn of events and stories lives are on the line each day, their these monies, that work is not getting through the media once the waste, families, their futures. done and the Democrats on the House fraud, or abuses have reached comic Supporting the troops has got to Arms Services Committee are saying proportions. We know that Halliburton mean more than bumper stickers on tonight we have got to do better. has overcharged both the U.S. Govern- pickup trucks, my friends. We need to I would now like to yield to Mr. RICK ment and the Development Fund for give them what they need. You know, LARSEN from the State of Washington, it wasn’t too long ago when my good also a member of the House Armed Iraq by over $260 million. The Depart- friend Congressman REYES and I and Services Committee. ment of Justice brought criminal in- Mr. LARSEN of Washington. I rise dictments against a former CPA con- about eight other bipartisan Members today as we reexamine why Congress tracting official and a contractor for a took a trip to visit 25 military bases and the administration diverted atten- series of frauds costing taxpayers $13 around this country. In 4 days we vis- tion from our fight against terrorists million, and the CPA lost control of ited 25 bases that were in deplorable and terrorism in order to invade Iraq. $19.6 billion in Iraqi oil funds. condition. We were here in this facility As Congress overlooks expenditures on 9/11 having a press conference to let b 2345 of billions of U.S. taxpayer dollars in the American people know where we The current administration has got- Iraq, it ignores responsibility to pro- stood and the conditions of the bases ten too many things wrong in Iraq and vide a secure future for our military. that we inspected, the infrastructure.

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.265 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3905 A few minutes after that, a plane areas. We have not talked about equip- minant, obviously. We have troops in struck the Pentagon. We never were ment and the need to replenish the the field and are unstinting in our sup- able to give the American people the equipment that not only the active port of them. But when the costs run conditions of the military bases. duty force is using and leaving behind into hundreds of billions of dollars, I have been to Afghanistan, and I but the National Guard as well. they have to be considered. have been to Iraq. But nobody has been I know my colleague Mr. COOPER Here is what the cost of the first Per- to Iraq more than my good friend Con- from Tennessee hears, as I do, from re- sian gulf war was: $61 billion. Of that gressman REYES. And I would like for turning soldiers and marines about all our allies chipped in in kind $10.6 bil- him to give us an assessment. He is a the equipment that is not coming home lion, in cash $48 billion. The total cost veteran. He has been to Iraq more than that would be available in my part of to the United States out of pocket was any other Member. My friends, let us the country to fight fires and respond $2.1 billion. That is what happens when be honest with the American people to natural disasters, to help on our bor- you form a real coalition and have al- and tell the American people what we der in the southern regions. Just relies and do not go it alone. need to do. cently I had a chance to visit with the Here is what happens when you go it Mr. REYES. Mr. Speaker, tonight we Marine Corps leadership; and if I am alone. This has been the ascending cost start what I hope is the first of a series not mistaken, the number that they of the war in Iraq, Iraqi Freedom: of honest discussions with the Amer- shared with me that is necessary to re- starting out at $51 billion, it rose to $77 ican people, something we have been plenish all the equipment that the Ma- billion in 2004, to $87 billion in 2005, and unable to do up to now. rine Corps is leaving behind is on the to $100.4 billion this year, the esti- There are a number of issues, a num- order of $5 billion, a very significant mated cost. And here is what the cost ber of problems with where we find our- number. per month is: $8.4 billion. That is what selves as a Nation tonight. One of the So I know we want to leave a little the current cost works out to. That is biggest problems is we have not shared bit of time for Mr. SPRATT and Mr. a burn rate in Pentagon jargon; $8.4 the sacrifice. SKELTON to conclude, but I hope that billion a month is the cost of the war As we speak here tonight, 2,498 of our this discussion will continue, particu- currently. Nation’s finest have been killed in Iraq larly that we can focus on the real Finally, adding all of that up, and Afghanistan; 18,000 have been changes we face when it comes to re- through the year 2006, you can see that wounded with over 8,500 unable to retention and recruiting; and I know my the cost of Operation Iraqi Freedom turn back to duty. good friend Mr. SKELTON is well aware has been $318.5 billion. The cost is not Do we honor and revere and love our of this in the part of our country in the the determinant. We can afford what- troops? Absolutely. Do we respect and Midwest. ever it takes to defend this country. honor the sacrifices that their families Mr. SKELTON. Mr. Speaker, I thank We want to be, as I said, unstinting in have made and are making? Abso- the gentleman. support of our troops. But when the lutely. Are we concerned about those Victory in Iraq is of primary impor- cost gets to be $318 billion, $8.4 billion that are yet to fall, those that are yet tance. But it is really up to the Iraqi a month, it has to be a consideration. to come back with wounds? Absolutely. Government, the Iraqi security forces, And that is similarly what we are say- Part of the debate that we want to and the Iraqi people. We are and we ing tonight. have on this particular issue is to have been doing and, of course, we will The President spoke several weeks make sure that we do not debate other continue to be of great assistance. The ago and said that probably his suc- auxiliary things except Iraq. Iraq is the primary importance is that the Iraqis cessor in 2010 would be the person who area, ground zero, for the kinds of assume more and more of their own se- decides whether or not and when Amer- issues that we are dealing with, the curity and of their own destiny. ican troops would be redeployed. He did kinds of things that my colleagues Mr. Speaker, I now yield to the gen- not even mention the cost of the cur- have spoken about tonight. The kinds tleman from South Carolina (Mr. rent undertaking. It is not just a dollar of things we have failed to do as a Con- SPRATT). cost. It is an opportunity cost. For gress in exercising our oversight re- Mr. SPRATT. Mr. Speaker, I thank every dollar consumed here is a loss of sponsibilities. Mr. SKELTON for yielding. dollars otherwise that could be spent I have been to Iraq six times, to Af- Mr. Speaker, the mission in Iraq has on modernization and on the trans- ghanistan 12. I have visited with our been plagued from the start by poor information of our forces. troops. I have seen them. I have shared telligence, by poor planning for the Last year when we passed the De- the environment that they share. As a post-war, and by disdain for the advice fense Authorization Act for 2006, the veteran who served 13 months in Viet- from our allies and even our officials. House and Senate, and the President nam, which seems like in a different Ignoring the Army’s Chief of Staff, the by signing the bill, enacted a provision era, I can relate to the kinds of things Secretary of Defense deployed too few that 2006 would be the year of transi- that are going on in the theater of troops, failing to foresee the insur- tion, when Iraqi troops would begin to combat. But the one thing that has gency that followed the war. Many of take primary responsibility. been missing for us, in my opinion, has those deployed were not properly This is simply what we are calling on been the ability of this Congress to equipped with body armor or armored the President to do, to begin moving us hold the administration accountable, vehicles, forced to improvise in the in that direction as we resolved we to do the oversight that is necessary field. The troops were assigned duty should have done last year, particu- and so vitally important. That is the that they were not trained for. But let larly in view of the cost. debate that we want to have on this me add here they have performed mag- Mr. SKELTON. Mr. Speaker, I thank very important topic. nificently. They rose to the challenge. the Speaker for allowing us to speak So with that, my good friend and col- They showed they still have that GI ge- tonight. This is a very, very important league, a member of the Armed Serv- nius for field expedience. They impro- debate. ices Committee, Congressman UDALL, vised. will now speak. But the lack of planning and the lack f Mr. UDALL of Colorado. Mr. Speak- of preparation has cost us dearly; 2,514 er, I know the hour draws near, and we Americans have paid the ultimate LEAVE OF ABSENCE have to conclude the day’s business. price: they have died. 17,774 have been By unanimous consent, leave of ab- And I want to join my colleagues from seriously wounded. sence was granted to: across the country who serve with me Since this is the end of the debate, Mr. MANZULLO (at the request of Mr. on the Armed Services Committee to let me go to the bottom line. First of BOEHNER) for today and June 12 on ac- make the point that this is just the be- all, let me say the most important cost count of wife’s surgery. ginning of this discussion. We have not we have incurred is for the precious Mr. GARY G. MILLER of California (at had time tonight to talk about recruit- lives that were lost, 2,514; 1,774 who the request of Mr. BOEHNER) for June 12 ing and retention and the develop- were wounded. But the costs also are on account of a travel delay due to a ments that have occurred in those considerable. They are not a deter- mechanical malfunction.

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.267 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3906 CONGRESSIONAL RECORD — HOUSE June 13, 2006 SPECIAL ORDERS GRANTED 8014. A letter from the Counsel for Legisla- planes Powered by Pratt & Whitney Engines By unanimous consent, permission to tion and Regulations, Department of Hous- [Docket No. FAA-2004-19140; Directorate ing and Urban Development, transmitting Identifier 2004-NM-84-AD; Amendment 39- address the House, following the legis- the Department’s final rule — Mortgagee 14548; AD 2006-07-21] (RIN: 2120-AA64) received lative program and any special orders Time Limits for Supplemental Claims for May 30, 2006, pursuant to 5 U.S.C. heretofore entered, was granted to: Additional Insurance Benefits [Docket No. 801(a)(1)(A); to the Committee on Transpor- (The following Members (at the re- FR-4957-F-02] (RIN: 2502-AI31) received April tation and Infrastructure. quest of Mrs. TAUSCHER) to revise and 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 8025. A letter from the Program Analyst, extend their remarks and include ex- the Committee on Financial Services. FAA, Department of Transportation, trans- traneous material:) 8015. A letter from the Counsel for Legisla- mitting the Department’s final rule — Air- Mrs. MCCARTHY, for 5 minutes, today. tion and Regulations, Department of Hous- worthiness Directives; BAE Systems (Oper- Mr. DEFAZIO, for 5 minutes, today. ing and Urban Development, transmitting ations) Limited Model BAe 146 and Model Mr. EMANUEL, for 5 minutes, today. the Department’s final rule — Change in De- Avro 146-RJ Airplanes [Docket No. FAA-2006- Mr. PALLONE, for 5 minutes, today. fault Reporting Period [Docket No. FR-4916- 23840; Directorate Identifier 2005-NM-232-AD; Mr. ROSS, for 5 minutes, today. F-02] (RIN: 2502-AI20) received April 21, 2006, Amendment 39-14549; AD 2006-07-22] (RIN: Mr. BROWN of Ohio, for 5 minutes, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120-AA64) received May 30, 2006, pursuant to mittee on Financial Services. 5 U.S.C. 801(a)(1)(A); to the Committee on today. 8016. A letter from the General Counsel, Ms. WOOLSEY, for 5 minutes, today. Transportation and Infrastructure. National Credit Union Administration, 8026. A letter from the Program Analyst, Mr. MCDERMOTT, for 5 minutes, transmitting the Administration’s final rule today. FAA, Department of Transportation, trans- — Truth in Savings (RIN: 3133-AC57) received mitting the Department’s final rule — Air- Ms. KAPTUR, for 5 minutes, today. May 18, 2006, pursuant to 5 U.S.C. (The following Members (at the re- worthiness Directives; Boeing Model 757 Air- 801(a)(1)(A); to the Committee on Financial planes [Docket No. FAA-2005-22471; Direc- quest of Mr. HAYES) to revise and ex- Services. torate Identifier 2005-NM-142-AD; Amend- tend their remarks and include extra- 8017. A letter from the Chief, U.S. Army ment 39-14550; AD 2006-07-23] (RIN: 2120-AA64) neous material:) Freedom of Information Act and Privacy Of- received May 30, 2006, pursuant to 5 U.S.C. Mr. POE, for 5 minutes, June 20. fice, Department of Defense, transmitting 801(a)(1)(A); to the Committee on Transpor- Mr. BISHOP of Utah, for 5 minutes, the Department’s final rule — The Freedom tation and Infrastructure. today. of Information Act Program (RIN: 0702-AA45) 8027. A letter from the Program Analyst, Mr. GARRETT of New Jersey, for 5 received April 21, 2006, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- minutes, today. 801(a)(1)(A); to the Committee on Govern- mitting the Department’s final rule — Air- ment Reform. Ms. FOXX, for 5 minutes, today. worthiness Directives; Boeing Model 757-200 8018. A letter from the Acting Senior Pro- f and -300 Series Airplanes [Docket No. FAA- curement Executive, (OCAO), GSA, National 2005-20688; Directorate Identifier 2004-NM-165- ADJOURNMENT Aeronautics and Space Administration, AD; Amendment 39-14551; AD 2006-07-24] (RIN: transmitting the Administration’s final rule 2120-AA64) received May 30, 2006, pursuant to Mr. SKELTON. Mr. Speaker, I move — Federal Acquisition Regulation; Federal that the House do now adjourn. 5 U.S.C. 801(a)(1)(A); to the Committee on Acquisition Circular 2005-09; Introduction Transportation and Infrastructure. The motion was agreed to; accord- [Docket FAR-2006-0023] received May 18, 2006, 8028. A letter from the Program Analyst, ingly (at midnight), the House ad- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- mittee on Government Reform. journed until today, Wednesday, June mitting the Department’s final rule — Air- 8019. A letter from the Regulatory Contact, 14, 2006, at 10 a.m. worthiness Directives; McDonnell Douglas National Archives and Records Administra- Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC- f tion, transmitting the Administration’s final 8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 rule — National Historical Publications and OATH OF OFFICE MEMBERS, RESI- Airplanes, Model DC-8F-54 and DC-8F-55 Air- Records Commission Grant Program (RIN: DENT COMMISSIONER, AND DEL- planes; Model DC-8-50, -60, -60F, -70, and -70F 3095-AB45) received May 19, 2006, pursuant to EGATES Series Airplanes; Model DC-9-10, -20, -30, -40, 5 U.S.C. 801(a)(1)(A); to the Committee on and -50 Series Airplanes; Model DC-9-81 (MD- The oath of office required by the Government Reform. sixth article of the Constitution of the 8020. A letter from the Chairman, National 81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC- United States, and as provided by sec- Indian Gaming Commission, transmitting 9-87 (MD-87) Airplanes; and Model MD-88 Air- tion 2 of the act of May 13, 1884 (23 the Commission’s final rule — Freedom of planes [Docket No. FAA-2005-20797; Direc- torate Identifier 2004-NM-256-AD; Amend- Stat. 22), to be administered to Mem- Information Act Procedures (RIN: 3141-AA21) received April 21, 2006, pursuant to 5 U.S.C. ment 39-14552; AD 2006-07-25] (RIN: 2120-AA64) bers, Resident Commissioner, and Dele- Received May 30, 2006, pursuant to 5 U.S.C. gates of the House of Representatives, 801(a)(1)(A); to the Committee on Govern- ment Reform. 801(a)(1)(A); to the Committee on Transpor- the text of which is carried in 5 U.S.C. 8021. A letter from the Acting Director, Of- tation and Infrastructure. 3331: fice of Government Ethics, transmitting the 8029. A letter from the Program Analyst, ‘‘I, AB, do solemnly swear (or af- Office’s final rule — Revisions to the Execu- FAA, Department of Transportation, trans- firm) that I will support and defend tive Branch Confidential Financial Disclo- mitting the Department’s final rule — Air- the Constitution of the United sure Reporting Regulation (RIN: 3209-AA00) worthiness Directives; Aerospatiale Model States against all enemies, foreign (RIN: 3209-AA09) received May 18, 2006, pursu- ATR42 Airplanes [Docket No. FAA-2006-23816; ant to 5 U.S.C. 801(a)(1)(A); to the Committee Directorate Identifier 2005-NM-247-AD; and domestic; that I will bear true Amendment 39-14553; AD-2006-07-26] (RIN: faith and allegiance to the same; on Government Reform. 8022. A letter from the Program Analyst, 2120-AA64) received May 30, 2006, pursuant to that I take this obligation freely, FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on without any mental reservation or mitting the Department’s final rule — Air- Transportation and Infrastructure. purpose of evasion; and that I will worthiness Directives; Boeing Model 767 Air- 8030. A letter from the Program Analyst, well and faithfully discharge the planes [Docket No. FAA-2004-19680; Direc- FAA, Department of Transportation, trans- duties of the office on which I am torate Identifier 2003-NM-215-AD; Amend- mitting the Department’s final rule — Air- about to enter. So help me God.’’ ment 39-14558; AD 2006-08-04] (RIN: 2120-AA64) worthiness Directives; Boeing Model 767-200, received May 30, 2006, pursuant to 5 U.S.C. -300, and -300F Series Airplanes [Docket No. has been subscribed to in person and 801(a)(1)(A); to the Committee on Transpor- FAA-2004-19866; Directorate Identifier 2004- filed in duplicate with the Clerk of the tation and Infrastructure. NM-25-AD; Amendment 39-14541; AD 2006-07- House of Representatives by the fol- 8023. A letter from the Program Analyst, 14] (RIN: 2120-AA64) received May 30, 2006, lowing Member of the 109th Congress, FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to the provisions of 2 U.S.C. mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- 25: worthiness Directives; Boeing Model 747-200C ture. BRIAN P. BILBRAY, California, Fif- and -200F Series Airplanes [Docket No. FAA- 8031. A letter from the Program Analyst, tieth. 2005-22423; Directorate Identifier 2005-NM-068- FAA, Department of Transportation, trans- AD; Amendment 39-14556; AD 2006-08-02] (RIN: mitting the Department’s final rule — Air- f 2120-AA64) received May 30, 2006, pursuant to worthiness Directives; Bombardier Model EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); to the Committee on DHC-8-400 Series Airplanes [Docket No. FAA- ETC. Transportation and Infrastructure. 2006-23798; Directorate Identifier 2005-NM-162- 8024. A letter from the Program Analyst, AD; Amendment 39-14543; AD 2006-07-16] (RIN: Under clause 8 of rule XII, executive FAA, Department of Transportation, trans- 2120-AA64) received May 30, 2006, pursuant to communications were taken from the mitting the Department’s final rule — Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker’s table and referred as follows: worthiness Directives; Boeing Model 757 Air- Transportation and Infrastructure.

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K13JN7.269 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3907 8032. A letter from the Program Analyst, REPORTS OF COMMITTEES ON By Mr. SMITH of Texas (for himself, FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS Mr. UDALL of Colorado, Mr. WAMP, mitting the Department’s final rule — Air- Mr. EHLERS, Mr. BOEHLERT, Mr. worthiness Directives; Boeing Model 727, Under clause 2 of rule XIII, reports of BROWN of Ohio, Mr. BACHUS, Mr. 727C, 727-100, 727-100C, and 727-200 Series Air- committees were delivered to the Clerk DOGGETT, Mr. SIMMONS, Mr. MCCAUL planes [Docket No. FAA-2006-23672; Direc- for printing and reference to the proper of Texas, Mr. BARTLETT of Maryland, torate Identifier 2005-NM-237-AD; Amend- calendar, as follows: Mr. CARDIN, Mr. BASS, Mr. ment 39-14544; AD 2006-07-17] (RIN: 2120-AA64) Mr. YOUNG of Alaska: Committee on HAYWORTH, and Mr. BUTTERFIELD): H.R. 5594. A bill to direct the Secretary of received May 30, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. House Energy to establish a photovoltaic dem- 801(a)(1)(A); to the Committee on Transpor- Concurrent Resolution 372. Resolution recog- onstration program, and for other purposes; tation and Infrastructure. nizing the 50th Anniversary of the Interstate to the Committee on Science. 8033. A letter from the Program Analyst, Highway System; with amendments (Rept. By Mr. FOSSELLA (for himself, Mr. FAA, Department of Transportation, trans- 109–499). Referred to the House Calendar. CROWLEY, and Mr. REYNOLDS): mitting the Department’s final rule — Air- Mr. OXLEY: Committee on Financial Serv- H.R. 5595. A bill to authorize the Urban worthiness Directives; Empresa Brasileira de ices. H.R. 5117. A bill to exempt persons with Areas Security Initiative Grants Program of Aeronautica S.A. (EMBRAER) Model EMB- disabilities from the prohibition against pro- the Department of Homeland Security, and 120, -120ER, -120FC, -120QC, and -120RT Air- viding section 8 rental assistance to college for other purposes; to the Committee on planes [Docket No. FAA-2006-23674; Direc- students (Rept. 109–500). Referred to the Homeland Security. torate Identifier 2005-NM-234-AD; Amend- Committee of the Whole House on the State By Mr. GILLMOR: ment 39-14545; AD 2006-07-18] (RIN: 2120-AA64) of the Union. H.R. 5596. A bill to provide for a special en- received May 30, 2006, pursuant to 5 U.S.C. Mr. LINCOLN DIAZ-BALART of Florida. rollment period in 2006 for enrollment under 801(a)(1)(A); to the Committee on Transpor- Committee on Rules. House Resolution 865. the Medicare prescription drug program; to tation and Infrastructure. Resolution providing for consideration of the the Committee on Energy and Commerce, 8034. A letter from the Program Analyst, bill (H.R. 5576) making appropriations for the and in addition to the Committee on Ways FAA, Department of Transportation, trans- Departments of Transportation, Treasury, and Means, for a period to be subsequently mitting the Department’s final rule — Air- and Housing and Urban Development, the determined by the Speaker, in each case for worthiness Directives; Aerospatiale Model Judiciary, District of Columbia, and inde- consideration of such provisions as fall with- ATR42 Airplanes and Model ATR72 Airplanes pendent agencies for the fiscal year ending in the jurisdiction of the committee con- [Docket No. FAA-2006-23635; Directorate September 30, 2007, and for other purposes cerned. Identifier 2005-NM-245-AD; Amendment 39- (Rept. 109–501). Referred to the House Cal- By Mr. GREEN of Wisconsin: 14546; AD 2006-07-19] (RIN: 2120-AA64) received endar. H.R. 5597. A bill to amend the Immigration May 30, 2006, pursuant to 5 U.S.C. f and Nationality Act to render deportable all 801(a)(1)(A); to the Committee on Transpor- aliens convicted of a criminal offense result- tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS ing in a sentence of incarceration, and for 8035. A letter from the Program Analyst, Under clause 2 of rule XII, public other purposes; to the Committee on the Ju- FAA, Department of Transportation, trans- bills and resolutions were introduced diciary. mitting the Department’s final rule — Air- and severally referred, as follows: By Mr. GUTIERREZ (for himself, Mr. worthiness Directives; Turbomeca Makila 1 MORAN of Virginia, Mr. HONDA, Mr. By Mr. REYNOLDS (for himself, Mr. FARR, Ms. JACKSON-LEE of Texas, Mr. A2 Turboshaft Engines [Docket No. FAA- ENGLISH of Pennsylvania, Mr. 2006-24239; Directorate Identifier 2006-NE-09- WEXLER, Mr. FRANK of Massachu- HAYWORTH, Mr. WELLER, Mr. LEWIS of setts, Mrs. CAPPS, Ms. LEE, Mr. MIL- AD; Amendment 39-14547; AD 2006-07-20] (RIN: Kentucky, Mr. FOLEY, Mr. LINDER, 2120-AA64) received May 30, 2006, pursuant to LER of North Carolina, Ms. WOOLSEY, Mr. SWEENEY, Mr. MCCOTTER, Mr. Mr. MCGOVERN, Mr. STARK, Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on WILSON of South Carolina, Mrs. JO Transportation and Infrastructure. GRIJALVA, Mr. DAVIS of Illinois, Mr. ANN DAVIS of Virginia, Mr. SCHWARZ MEEHAN, Mr. CROWLEY, Mr. NADLER, 8036. A letter from the Program Analyst, of Michigan, Ms. HARRIS, Mr. TIBERI, Ms. SCHAKOWSKY, Mr. WYNN, Mr. FAA, Department of Transportation, trans- Mr. FERGUSON, Mr. MCHUGH, Mrs. BROWN of Ohio, Mr. JEFFERSON, and mitting the Department’s final rule — Air- DRAKE, Mr. GARRETT of New Jersey, Mr. LARSEN of Washington): worthiness Directives; Bombardier Model Mr. GILLMOR, Ms. GINNY BROWN- H.R. 5598. A bill to prohibit departments, CL-600-2B19 (Regional Jet Series 100 & 440) WAITE of Florida, Mr. CONAWAY, Mr. agencies, and other instrumentalities of the Airplanes [Docket No. FAA-2006-24252; Direc- KINGSTON, Mrs. MYRICK, Mrs. BONO, Federal Government from providing assist- torate Identifier 2006-NM-062-AD; Amend- Mr. SESSIONS, Mr. WESTMORELAND, ance to an entity for the development of ment 39-14528; AD 2006-05-11 R1] (RIN: 2120- Ms. JACKSON-LEE of Texas, Mr. KUHL course material or the provision of instruc- AA64) received May 30, 2006, pursuant to 5 of New York, Mr. SIMMONS, Mr. SMITH tion on human development and sexuality, if U.S.C. 801(a)(1)(A); to the Committee on of Texas, Mr. WICKER, Mrs. KELLY, such material or instruction will include Transportation and Infrastructure. Mr. KLINE, Mr. KENNEDY of Min- medically inaccurate information, and for 8037. A letter from the Program Analyst, nesota, Mr. MURPHY, and Mrs. other purposes; to the Committee on Edu- FAA, Department of Transportation, trans- BIGGERT): cation and the Workforce, and in addition to mitting the Department’s final rule — Air- H.R. 5590. A bill to amend the Internal Rev- the Committee on Energy and Commerce, for worthiness Directives; Boeing Model 727 Air- enue Code of 1986 to provide individuals re- a period to be subsequently determined by planes [Docket No. FAA-2005-21593; Direc- lief from the alternative minimum tax; to the Speaker, in each case for consideration torate Identifier 2002-NM-328-AD; Amend- the Committee on Ways and Means. of such provisions as fall within the jurisdic- ment 39-14537; AD 2006-07-10] (RIN: 2120-AA64) By Mrs. TAUSCHER (for herself and tion of the committee concerned. received May 30, 2006, pursuant to 5 U.S.C. Mr. GEORGE MILLER of California): By Ms. HERSETH: 801(a)(1)(A); to the Committee on Transpor- H.R. 5591. A bill to name the national cem- H.R. 5599. A bill to require the Government tation and Infrastructure. etery being constructed in Dixon, California, Accountability Office to submit a report to as the ‘‘Solano National Cemetery’’; to the Congress on the compliance of the United 8038. A letter from the Deputy Chief Coun- Committee on Veterans’ Affairs. States Postal Service with procedural re- sel, Regulations, Department of Homeland By Mr. WELLER: quirements in the closing of the postal sort- Security, transmitting the Department’s H.R. 5592. A bill to amend the Energy Pol- ing facility in Aberdeen, South Dakota, and final rule — Air Cargo Security Require- icy Act of 1992 to direct the head of each for other purposes; to the Committee on ments [Docket No. TSA-2004-19515; Amend- Federal agency to ensure that, in areas in Government Reform. ment Nos. 1520-4, 1540-7, 1542-2, 1544-5, 1546-2, which ethanol-blended gasoline is reasonably By Mr. PASCRELL (for himself, Mr. and 1548-2] (RIN: 1652-AA23) received May 18, available at a generally competitive price, DOYLE, Mr. KUCINICH, Mr. BISHOP of 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Federal agency purchases ethanol-blend- Georgia, Ms. JACKSON-LEE of Texas, Committee on Homeland Security. ed gasoline containing at least 10 percent Mr. CONYERS, Mr. CLEAVER, and Mr. 8039. A letter from the Director, Regu- ethanol rather than nonethanol-blended gas- WYNN): latory Management Division, Office of Exec- oline, for use in vehicles used by the agency H.R. 5600. A bill to amend the Internal Rev- utive Secretariat, Department of Homeland that use gasoline; to the Committee on Gov- enue Code of 1986 to reduce the earned in- Security, transmitting the Department’s ernment Reform. come threshold applicable to the refundable final rule — Changes to the Procedures for By Mr. SMITH of Texas (for himself, portion of the child tax credit, to increase Notifying the Public of Premium Processing Mr. BERMAN, and Mr. CONYERS): the age limit for such credit, and to impose Service Designations and Availability [DHS H.R. 5593. A bill to amend title 17, United an individual income tax surcharge; to the Docket No. USCIS-2005-0038; CIS No. 2367-05] States Code, to provide for the partial dis- Committee on Ways and Means. (RIN: 1615-AB40) received May 25, 2006, pursu- tribution of royalty fees in certain cir- By Mr. PASCRELL (for himself, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee cumstances; to the Committee on the Judici- DOYLE, Mr. CLEAVER, Ms. NORTON, on Homeland Security. ary. Mr. PAYNE, and Mr. WYNN):

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H.R. 5601. A bill to amend the Internal Rev- BERNICE JOHNSON of Texas, Ms. the Navajo Health Foundation/Sage Memo- enue Code of 1986 to strengthen the earned WASSERMAN SCHULTZ, Mr. MOORE of rial Hospital; to the Committee on Re- income tax credit; to the Committee on Kansas, Mr. GRIJALVA, Ms. LINDA T. sources. Ways and Means. SA´ NCHEZ of California, Ms. LORETTA 354. Also, a memorial of the Legislature of By Mr. RAMSTAD (for himself, Mr. SANCHEZ of California, Ms. ROYBAL- the State of Kansas, relative to House Con- THOMPSON of California, Mr. RYAN of ALLARD, Mr. REYES, Mr. BECERRA, current Resolution No. 5037 memorializing Wisconsin, Mr. KLINE, Mr. Mrs. NAPOLITANO, Ms. NORTON, and the Congress of the United States to extend MCDERMOTT, Mr. WELLER, Mr. Mr. CUELLAR): certain provisions of the Voting Rights Act HERGER, Mr. JEFFERSON, Mr. EVANS, H. Con. Res. 429. Concurrent resolution rec- of 1965; to the Committee on the Judiciary. Mr. BLUMENAUER, Mr. MEEKS of New ognizing the low presence of minorities in 355. Also, a memorial of the Legislature of York, Mr. CROWLEY, Mr. CARDOZA, the financial services industry and minori- the State of Arizona, relative to House Con- Mr. CASE, Mr. CUELLAR, Mr. DICKS, ties and women in upper level positions of current Memorial No. 2011 urging the Con- Mr. EMANUEL, Ms. ESHOO, Mr. management, and expressing the sense of the gress of the United States to permanently HINOJOSA, Mr. MORAN of Virginia, Mr. Congress that active measures should be repeal the death tax, to dissolve United SMITH of Washington, Mr. LEACH, taken to increase the demographic diversity States membership in the United Nations Mrs. BIGGERT, Mrs. JOHNSON of Con- of the financial services industry; to the and to remove specific areas relating to faith necticut, Mr. MCCRERY, Mrs. Committee on Financial Services, and in ad- from the jurisdiction of the United States TAUSCHER, Mr. LEWIS of Kentucky, dition to the Committee on Education and Supreme Court; to the Committee on the Ju- Mr. KOLBE, Mr. MATHESON, Mr. BOS- the Workforce, for a period to be subse- diciary. WELL, Mr. CRAMER, Ms. EDDIE BER- quently determined by the Speaker, in each 356. Also, a memorial of the Senate of the NICE JOHNSON of Texas, Mrs. case for consideration of such provisions as State of Illinois, relative to Senate Resolu- MALONEY, Mr. SERRANO, Mr. SKEL- fall within the jurisdiction of the committee tion No. 523 encouraging the Congress of the TON, Mr. BRADY of Texas, Mr. DREIER, concerned. United States to take action on federal im- Mr. DAVIS of Alabama, Mr. KIND, Ms. By Mr. GILLMOR: migration reform, which would provide for HOOLEY, and Mr. GILCHREST): H. Res. 866. A resolution recognizing Sam family unification as part of comprehensive H.R. 5602. A bill to authorize the extension Hornish, Jr. for winning the 90th running of immigration reform; to the Committee on of nondiscriminatory treatment (normal the Indianapolis 500; to the Committee on the Judiciary. trade relations treatment) to the products of Government Reform. 357. Also, a memorial of the Senate of the Vietnam; to the Committee on Ways and State of Illinois, relative to Senate Resolu- f Means. tion No. 578 urging the Illinois Congressional By Mr. BUYER: MEMORIALS Delegation and all of Congress to support H. Con. Res. 427. Concurrent resolution per- Under clause 3 of rule XII, memorials ‘‘the Secure America and Orderly Immigra- mitting the use of the rotunda of the Capitol tion Act of 2005’’; to the Committee on the for a ceremony to commemorate the 75th an- were presented and referred as follows: Judiciary. niversary of the establishment of the Depart- 347. The SPEAKER presented a memorial 358. Also, a memorial of the House of Rep- ment of Veterans Affairs; to the Committee of the Legislature of the State of Hawaii, rel- resentatives of the State of Missouri, rel- on House Administration. ative to Senate Concurrent Resolution No. ative to House Resolution No. 1475 encour- By Mr. MCCOTTER (for himself, Ms. 147 urging the Congress of the United States aging the Missouri federal delegation to sup- ROS-LEHTINEN, Mr. LINCOLN DIAZ- to authorize and appropriate funds to allow port the Constitutional Restoration Act BALART of Florida, Mr. MARIO DIAZ- all members of the armed forces reserve (CRA) that is pending before the Congress of BALART of Florida, Mr. BURTON of In- component to access the Tricare Program; to the United States; to the Committee on the diana, Mr. ENGEL, Mr. MACK, Mr. the Committee on Armed Services. Judiciary. FLAKE, Mr. SMITH of New Jersey, Ms. 348. Also, a memorial of the Legislature of 359. Also, a memorial of the Legislature of WASSERMAN SCHULTZ, Mr. ROHR- the State of Kansas, relative to Senate Con- the State of Oklahoma, relative to Senate ABACHER, Mr. CHABOT, Mr. ROYCE, Mr. current Resolution No. 1618 memorializing Concurrent Resolution No. 39 commending WEXLER, Mr. ACKERMAN, Mr. PENCE, the President of the United States and Con- the Republic of China (Taiwan) for its close Mr. GALLEGLY, and Mr. FOLEY): gress of the United States regarding federal ties with the State of Oklahoma and calling H. Con. Res. 428. Concurrent resolution ex- funding of education; to the Committee on for enactment of a free trade agreement be- pressing the sense of Congress in support of Education and the Workforce. tween the United States and the Republic of United States diplomatic personnel sta- 349. Also, a memorial of the Legislature of China (Taiwan); to the Committee on Ways tioned at the United States Interests Section the State of Hawaii, relative to Senate Con- and Means. in Havana, Cuba; to the Committee on Inter- current Resolution No. 104 urging the Presi- 360. Also, a memorial of the Legislature of national Relations. dent of the United States and the Congress the State of Hawaii, relative to Senate Con- By Mr. MEEKS of New York (for him- of the United States to provide states with current Resolution No. 6 urging the Presi- self, Mr. OWENS, Ms. MOORE of Wis- the necessary funding to implement the dent of the United States and the Congress consin, Ms. KILPATRICK of Michigan, goals of the No Child Left Behind Act of 2001 of the United States not to privatize social Mrs. CHRISTENSEN, Mr. SCOTT of and other education-related programs and to security; to the Committee on Ways and Georgia, Mrs. MALONEY, Mr. offer states waivers or exemptions from re- Means. HINOJOSA, Mr. KUCINICH, Mr. CLAY, lated regulations when federal funding for el- 361. Also, a memorial of the Legislature of Ms. MILLENDER-MCDONALD, Mr. ementary and secondary education is de- the State of Arizona, relative to Senate Con- WYNN, Mr. JEFFERSON, Mr. CLYBURN, creased; to the Committee on Education and current Memorial 1003 urging the Congress of Mr. DAVIS of Alabama, Mr. THOMPSON the Workforce. the United States to reject attempts to of Mississippi, Mr. DAVIS of Illinois, 350. Also, a memorial of the Legislature of lower the mortgage index deduction from the Mr. BUTTERFIELD, Mr. JACKSON of Il- the State of Hawaii, relative to Senate Con- Internal Revenue Code; to the Committee on linois, Mr. LEWIS of Georgia, Mr. current Resolution No. 105 urging the Con- Ways and Means. WATT, Mr. FORD, Mrs. JONES of Ohio, gress of the United States to support 362. Also, a memorial of the Legislature of Ms. WATSON, Mr. CLEAVER, Ms. WA- changes to the No Child Left Behind Act of the State of Arizona, relative to House Con- TERS, Mr. MEEK of Florida, Mr. 2001; to the Committee on Education and the current Memorial 2007 urging the Congress of BISHOP of Georgia, Mr. GUTIERREZ, Workforce. the United States to repeal the federal excise Ms. MCCOLLUM of Minnesota, Mr. 351. Also, a memorial of the Legislature of tax on telecommunications; to the Com- RUSH, Mr. AL GREEN of Texas, Mr. the State of Hawaii, relative to Senate Con- mittee on Ways and Means. TOWNS, Ms. LEE, Ms. CORRINE BROWN current Resolution No. 15 suporting the goal 363. Also, a memorial of the House of Rep- of Florida, Mr. RANGEL, Mr. SERRANO, of eliminating suffering and death from can- resentatives of the State of Michigan, rel- Ms. JACKSON-LEE of Texas, Mr. cer by the year 2015; to the Committee on ative to House Resolution No. 188 memori- HASTINGS of Florida, Mr. CONYERS, Energy and Commerce. alizing the President of the United States Mr. PAYNE, Mr. CUMMINGS, Mr. BACA, 352. Also, a memorial of the House of Rep- and the Congress of the United States to use Mr. PASTOR, Ms. VELA´ ZQUEZ, Mr. resentatives of the Commonwealth of Penn- flexibility in the implementation of rules to CROWLEY, Mr. ISRAEL, Mrs. LOWEY, sylvania, relative to House Resolution No. allow use of an enhanced drivers license Mr. ENGEL, Mr. LARSON of Con- 741 urging the President of the United States under the Western Hemisphere Travel Initia- necticut, Ms. MCKINNEY, Mr. MCNUL- and the Congress of the United States to tive which requires all citizens of any age of TY, Mr. ACKERMAN, Mr. LANTOS, Mr. take immediate action in assisting with the the United States, Canada, and Mexico, and WU, Mr. SCOTT of Virginia, Mr. peacekeeping mission and efforts to resolve Bermuda to have a passport or other secure WEINER, Mr. GONZALEZ, Ms. SOLIS, the conflict in the Darfur region of Sudan; to documentation to enter or re-enter the Mr. FILNER, Mr. HINCHEY, Mr. LYNCH, the Committee on International Relations. United States; to the Committee on Home- Mr. DELAHUNT, Ms. CARSON, Mr. 353. Also, a memorial of the Legislature of land Security. FATTAH, Mr. ROTHMAN, Mr. HIGGINS, the State of Arizona, relative to House Con- 364. Also, a memorial of the Legislature of Mrs. MCCARTHY, Mr. CAPUANO, Mr. current Memorial 2002 urging the Congress of the State of Hawaii, relative to Senate Con- FRANK of Massachusetts, Ms. EDDIE the United States to authorize funding for current Resolution No. 170 requesting the

VerDate Aug 31 2005 04:54 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\L13JN7.100 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE June 13, 2006 CONGRESSIONAL RECORD — HOUSE H3909 the House of Representative of the United H..R. 5106: Mr. VAN HOLLEN, Mr. STARK, DELETIONS OF SPONSORS FROM States support and pass H.R. 4259, ‘‘the Vet- and Ms. MATSUI. PUBLIC BILLS AND RESOLUTIONS erans’ Right to Know Act’’; jointly to the H.R. 5150: Mr. CHANDLER, Ms. SOLIS, and Committees on Armed Services and Rules. Ms. ZOE LOFGREN of California. Under clause 7 of rule XII, sponsors 365. Also, a memorial of the Senate of the H.R. 5185: Mr. WEXLER and Mr. HINCHEY. were deleted from pubic bills and reso- State of Hawaii, relative to Senate Resolu- H.R. 5189: Mr. RUPPERSBERGER. lutions as follows: H.R. 5204: Mr. LOBIONDO and Mr. JACKSON tion No. 114 requesting that the House of H.R. 2048: Ms. SOLIS. Representatives of the United States support of Illinois. f and pass H.R. 4259, ‘‘the Veterans’ Right to H.R. 5206: Mr. SOUDER. H.R. 5249: Mr. CARNAHAN. Know Act’’; jointly to the Committees on PETITIONS, ETC. H.R. 5250: Mr. PUTNAM. Armed Services and Rules. H.R. 5289: Mrs. JO ANN DAVIS of Virginia. Under clause 3 of rule XII, petitions 366. Also, a memorial of the House of Rep- H.R. 5315: Mr. MICHAUD and Mr. DAVIS of and papers were laid on the clerk’s resentatives of the Commonwealth of Penn- Tennessee. desk and referred as follows: sylvania, relative to House Resolution No. H.R. 5334: Mr. DAVIS of Florida. 119. The SPEAKER presented a petition of 727 urging the Congress of the United States H.R. 5337: Mr. GARRETT of New Jersey, Mr. the Board of Commissioners of the County of to extend the Medicare Part D prescription REICHERT, Ms. WASSERMAN SCHULTZ, Mr. Saginaw, Michigan, relative to Resolution C drug deadline to December 31, 2006; jointly to BISHOP of New York, Mr. CLEAVER, Mr. supporting the increase in the minimum the Committees on Energy and Commerce GUTIERREZ, Ms. LEE, Mr. MEEK of Florida, wage at both the state and federal levels; to and Ways and Means. Mr. LUCAS, Mr. LYNCH, Mr. MILLER of North the Committee on Education and the Work- Carolina, Mr. GILLMOR, Mr. PRICE of Georgia, f force. and Mr. LATOURETTE. 120. Also, a petition of the Legislature of ADDITIONAL SPONSORS H.R. 5361: Mrs. BLACKBURN, Mr. CARTER, Rockland County, New York, relative to Res- Mr. FORD, and Mr. HYDE. Under clause 7 of rule XII, sponsors H.R. 5405: Mr. SHADEGG. olution No. 169 requesting the Congress of were added to public bills and resolu- H.R. 5420: Mr. LAHOOD. the United States and the President of the tions as follows: H.R. 5455: Mr. PETERSON of Minnesota and United States to enact legislation to protect wetlands by defining same as one acre or H.R. 21: Mr. CHANDLER. Mr. GOODE. more in size or bodies of water adjacent to H.R. 328: Ms. CARSON. H.R. 5457: Mrs. MYRICK, Mr. KINGSTON, Mr. protected water ways; jointly to the Com- H.R. 389: Mr. GORDON. GOHMERT, Mr. SULLIVAN, and Ms. GINNY mittees on Resources and Transportation H.R. 503: Mr. KUCINICH. BROWN-WAITE of Florida. H.R. 5466: Mr. SHUSTER. and Infrastructure. H.R. 550: Mr. THOMPSON of Mississippi. H.R. 5472: Mr. REYES, Mr. UPTON, Ms. 121. Also, a petition of the City of Miami H.R. 615: Ms. CARSON. SOLIS, Ms. WOOLSEY, Mrs. BLACKBURN, Mr. Commission, Florida, relative to Resolution H.R. 697: Mr. FITZPATRICK of Pennsylvania. KILDEE, Mrs. CHRISTENSEN, Mr. LEACH, Ms. No. R-06-0214 supporting the legalization, not H.R. 865: Mr. INGLIS of South Carolina. KILPATRICK of Michigan, Mrs. JO ANN DAVIS criminalization, of immigrants in the United H.R. 899: Mr. NADLER. of Virginia, Mr. DELAHUNT, Mr. VAN HOLLEN, States and urging the Congress of the United H.R. 1155: Mr. MEEHAN and Ms. MATSUI. Ms. JACKSON-LEE of Texas, Mrs. LOWEY, and States to reconsider House Bill 4437 and in- H.R. 1167: Mrs. MILLER of Michigan. Ms. MATSUI. stead adopt the Senate Judiciary Commit- H.R. 1241: Mr. DELAHUNT. H.R. 5473: Ms. JACKSON-LEE of Texas, Mr. tee’s bill; jointly to the Committees on the H.R. 1246: Mr. ORTIZ, Mr. PICKERING, Mr. CLEAVER, Mr. RAHALL, Mr. BUTTERFIELD, Mr. Judiciary and Homeland Security. KENNEDY of Minnesota, and Mr. ROTHMAN. BROWN of Ohio, and Mr. WYNN. 122. Also, a petition of the Milwaukee H.R. 1298: Mr. ROSS and Ms. LORETTA H.R. 5476: Mr. FEENEY. County Board of Supervisors, Wisconsin, rel- SANCHEZ of California. H.R. 5523: Mrs. MYRICK. ative to a resolution urging the passage of a H.R. 1329: Mrs. CAPPS. H.R. 5536: Mr. SWEENEY. comprehensive U.S. immigration reform law H.R. 1384: Mr. LARSEN of Washington, Mr. H.R. 5542: Mr. DAVIS of Tennessee. known as The Secure America and Orderly AKIN, and Mr. BILIRAKIS. H.R. 5550: Ms. WOOLSEY, Mr. DAVIS of Illi- Immigration Act; jointly to the Committees H.R. 1816: Mr. HEFLEY. nois, Mr. PASCRELL, Mr. STARK, Mr. GON- on the Judiciary, Homeland Security, Inter- H.R. 2037: Mr. WELDON of Florida. ZALEZ, and Ms. HARMAN. national Relations, Energy and Commerce, H.R. 2061: Mr. ROSS and Mr. FORTENBERRY. H.R. 5557: Mr. FRANK of Massachusetts and and Education and the Workforce. H.R. 2178: Mrs. TAUSCHER. Mr. MORAN of Virginia. H.R. 2238: Mr. SHAW. H.R. 5563: Mr. NADLER. f H.R. 2646: Ms. LORETTA SANCHEZ of Cali- H.R. 5588: Mr. FRANK of Massachusetts, Mr. AMENDMENTS fornia. DINGELL, Ms. PELOSI, Mr. MICHAUD, Mr. H.R. 2682: Mr. STUPAK. CAPUANO, Mr. BROWN of Ohio, Mr. GONZALEZ, Under clause 8 of rule XVIII, pro- H.R. 2730: Ms. LINDA T. SA´ NCHEZ of Cali- and Mr. LANGEVIN. posed amendments were submitted as fornia and Mr. BLUMENAUER. H.J. Res. 88: Mr. BARROW, Mr. BURGESS, Mr. follows: H.R. 3197: Ms. HARMAN and Mr. MEEK of GOHMERT, Mr. MCCAUL of Texas, Mrs. H.R. 5576 NORTHUP, Mr. OSBORNE, Mr. PETERSON of Florida. OFFERED BY: MR. JINDAL H.R. 3318: Ms. HERSETH. Minnesota, Mr. TURNER, and Mr. WOLF. AMENDMENT NO. 4: Page 100, after line 7, in- H.R. 3360: Mr. WELLER. H. Con. Res. 172: Mr. MOORE of Kansas. sert the following new paragraph: H.R. 3559: Mr. ENGEL and Mr. GOHMERT. H. Con. Res. 235: Mr. HONDA. Notwithstanding any other provision of H.R. 3760: Mr. CLEAVER and Mr. ROTHMAN. H. Con. Res. 391: Mr. WU. law, after providing a first right of return to H.R. 3882: Mr. BOSWELL. H. Con. Res. 415: Mr. WOLF, Mr. WELDON of all households in the St. Bernard, Orleans, H.R. 3883: Mr. BOYD. Pennsylvania, Mr. WEXLER, and Mr. BISHOP Plaquemines, Jefferson, and St. Tammany H.R. 4033: Mr. LATOURETTE, Ms. SLAUGH- of New York. H. Res. 20: Mr. DENT. Parishes eligible for project-based housing TER, and Mr. RYAN of Ohio. H. Res. 461: Mr. BERMAN, Mr. LANTOS, Mr. assistance under this heading and under this H.R. 4157: Mr. BOUSTANY, Mr. FITZPATRICK BLUMENAUER, and Ms. WATSON. heading in division B of Public Law 109–148, of Pennsylvania, Mrs. BIGGERT, Mr. NUNES, H. Res. 745: Mr. RUPPERSBERGER, Mr. MEE- owners may then offer remaining available Mrs. BLACKBURN, and Mr. HEFLEY. HAN, and Mr. FITZPATRICK of Pennsylvania. dwelling units to city and parish employees H.R. 4212: Mr. YOUNG of Alaska. H. Res. 759: Mr. WOLF, Mr. MCCAUL of and volunteers from those parishes for a pe- H.R. 4341: Mr. HAYWORTH and Mr. CAMP of Texas, and Mr. ISSA. riod of not to exceed 24 months: Provided, Michigan. H. Res. 779: Mr. DOOLITTLE. That workers or volunteers engaged in re- H.R. 4384: Mr. LANTOS. H. Res. 800: Mr. JENKINS, Mr. MEEKS of New covery activities, employees or volunteers of H.R. 4403: Mr. ROTHMAN. York, and Mr. WYNN. the site, as well as workers or volunteers H.R. 4542: Mr. KENNEDY of Rhode Island. H. Res. 822: Mr. JACKSON of Illinois. providing healthcare and/or other home and H.R. 4547: Mr. BACHUS and Mr. BILIRAKIS. H. Res. 825: Mr. GORDON. community-based services to seniors—and H.R. 4703: Ms. BORDALLO. H. Res. 841: Mr. CRAMER, Mr. COSTA, Mr. the return of such housing to the affordable H.R. 4736: Mr. GONZALEZ. ROSS, Mr. BOREN, Ms. HARMAN, Mr. SALAZAR, housing stock when no longer needed as tem- H.R. 4761: Mr. AL GREEN of Texas and Mr. Mr. THOMPSON of California, Ms. HERSETH, porary housing. FLAKE. Mr. BARROW, Mr. BOSWELL, Mr. MELANCON, H.R. 5576 H.R. 4806: Mrs. MUSGRAVE. Mr. MICHAUD, and Mr. COOPER. H.R. 4913: Mr. WELDON of Pennsylvania. H. Res. 858: Mr. AL GREEN OF TEXAS, Mr. OFFERED BY: MR. KING OF IOWA H.R. 4993: Mr. WAXMAN. ANDREWS, Mr. BISHOP of New York, Mr. AMENDMENT NO. 5: At the end of the bill H.R. 5005: Mr. REYNOLDS and Mr. BACHUS. WEXLER, Mr. SAXTON, Mr. FRANK of Massa- (before the short title), insert the following: H.R. 5017: Mr. BROWN of Ohio. chusetts, Mr. WEINER, and Mr. ETHERIDGE. SEC. ll. None of the funds made available H.R. 5081: Mr. PETERSON of Minnesota, Mr. H. Res. 863: Mr. HONDA, Mr. HASTINGS of in this Act may be used for the construction, BROWN of Ohio, and Mr. WOLF. Florida, Mr. BRADY of Pennsylvania, and Mr. expansion, renovation, or building of the Los H.R. 5099: Mr. SANDERS. CAPUANO. Angeles Gay and Lesbian Center.

VerDate Aug 31 2005 05:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\L13JN7.001 H13JNPT1 jcorcoran on PROD1PC62 with HOUSE H3910 CONGRESSIONAL RECORD — HOUSE June 13, 2006 H.R. 5576 H.R. 5576 H.R. 5576 OFFERED BY: MR. KING OF IOWA OFFERED BY: MR. KING OF IOWA OFFERED BY: MS. HARRIS AMENDMENT NO. 6: At the end of the bill AMENDMENT NO. 11: Page 100, line 18, after (before the short title), insert the following: AMENDMENT NO. 9: Page 205, strike lines 4 SEC. ll. None of the funds made available through 8. the dollar amount, insert the following: ‘‘(in- in this Act may be used by the Federal High- creased by $12,000,000)’’. way Administration to implement con- H.R. 5576 Page 102, line 3, after the dollar amount, tracting practices based upon racial pref- insert the following: ‘‘(increased by OFFERED BY: MR. LIPINSKI erence. $3,000,000)’’. H.R. 5576 AMENDMENT NO. 10: At the end of the bill Page 111, line 3, after the first dollar OFFERED BY: MR. KING OF IOWA (before the short title), insert the following: amount, insert the following: ‘‘(reduced by $12,000,000)’’. AMENDMENT NO. 7: Page 205, after line 8, in- SEC. lll. The amounts otherwise pro- sert the following: vided by this Act are revised by reducing the Page 195, line 4, after the dollar amount, REDUCTION OF FUNDS amount made available for ‘‘Department of insert the following: ‘‘(reduced by The amounts otherwise provided in this Treasury—Departmental Offices—Salaries $3,000,000)’’. title for ‘‘Morris K. Udall Scholarship and and Expenses’’, by reducing the amount H.R. 5576 Excellence in National Environmental Pol- made available for ‘‘Internal Revenue Serv- OFFERED BY: MS. JACKSON-LEE OF TEXAS icy Trust Fund’’ and ‘‘Environmental Dis- ice—Business Systems Modernization’’, and pute Resolution Fund’’ are hereby reduced to by increasing the amounts made available AMENDMENT NO. 12: At the end of the bill $0. for the Secretary of Transportation, for car- (before the short title), insert the following: H.R. 5576 rying out the Rail Line Relocation Projects SEC. ll. None of the funds made available OFFERED BY: MR. KING OF IOWA as authorized by section 9002 of SAFETEA- by this Act may be used to apply the as- AMENDMENT NO. 8: Page 204, strike line 13 LU, by $10,000,000, $20,000,000, and $30,000,000, sumption contained in section A150.101(d) of and all that follows through page 205, line 3. respectively. title 14, Code of Federal Regulations.

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Vol. 152 WASHINGTON, TUESDAY, JUNE 13, 2006 No. 75 Senate The Senate met at 9:45 a.m. and was Senator from the State of Georgia, to per- DEATH OF ZARQAWI form the duties of the Chair. called to order by the Honorable JOHN- Mr. FRIST. Mr. President, later this NY ISAKSON, a Senator from the State TED STEVENS, President pro tempore. morning, as I mentioned, the Senate of Georgia. will be voting on an amendment to Mr. ISAKSON thereupon assumed the commend the men and women of our PRAYER chair as Acting President pro tempore. Armed Forces for their bravery and The Chaplain, Dr. Barry C. Black, of- f skill which led to the death of Zarqawi, fered the following prayer: RECOGNITION OF THE MAJORITY who was anointed by Osama bin Laden Let us pray. LEADER as the Prince of al-Qaida in Iraq. Gracious God, we pause this morning Al-Zarqawi was a brutal terrorist to fix our hearts upon You. Let our The ACTING PRESIDENT pro tem- and, as we all know, the operational trust in Your sovereignty produce a pore. The majority leader is recog- commander of al-Qaida in Iraq. His vi- love that will order our system of val- nized. cious campaigns of suicide attacks, car ues. Create in us a desire to serve Your f bombings, beheadings, assassinations, purposes and increase the treasure of SCHEDULE and abductions was directly respon- Your kingdom. sible for the deaths of many American Bless the Members of this body as Mr. FRIST. Mr. President, this morn- and coalition troops and thousands of they face today’s challenges. Make ing we have a period of morning busi- Iraqi security forces and innocent citi- them gentle, yet brave; confident, yet ness for up to 60 minutes. At the con- zens. humble; wise, yet uncomplicated. May clusion of morning business, we will re- He was violently opposed to the new they meet life with calmness, trouble turn to consideration of the Defense Iraqi democracy and sought to turn with fortitude, hate with forgiveness, authorization bill. Last night, the Iraq into a safe haven for al-Qaida ter- disloyalty with kindness, and persecu- chairman called up an amendment that rorists. tion with faith. I sponsored along with the Democratic To achieve this goal, he murdered We pray in Your holy Name. Amen. leader, the chairman, and the ranking thousands of innocent Iraqi civilians. member. The amendment commends He sought to divide the Iraqi people by f our Armed Forces for the recent events fomenting sectarian violence and incit- around the Zarqawi death. A vote will ing a civil war. His goal was destruc- PLEDGE OF ALLEGIANCE occur on that amendment at 12:15 tion, and he brought only violence and The Honorable JOHNNY ISAKSON led today. despair. But, finally, after 3 years of the Pledge of Allegiance, as follows: Following that vote, we will recess eluding capture, justice was brought to I pledge allegiance to the Flag of the for our weekly policy luncheons. At Zarqawi. United States of America, and to the Repub- 2:15, following the policy meetings, At approximately 6:15 Baghdad time lic for which it stands, one nation under God, Senators should be seated at their last Wednesday evening, American indivisible, with liberty and justice for all. desks for the official photograph of the forces, acting on intelligence tips from 109th Congress. Immediately following f the Iraqi people, attacked Zarqawi’s the picture, there will be a briefing for safe house near the city of Baqouba, APPOINTMENT OF ACTING all Senators, beginning at 2:30, and northeast of Baghdad. PRESIDENT PRO TEMPORE that briefing will be by Secretary Rice Zarqawi’s spiritual adviser and sev- and Secretary Rumsfeld. We will re- eral of their associates were also in- The PRESIDING OFFICER. The main in session during that briefing to side. Less than an hour later, the lead- clerk will please read a communication allow debate on the Mine Safety and ing terrorist and No. 1 enemy of free- to the Senate from the President pro Health nomination that we filed clo- dom in Iraq, Abu Musab al-Zarqawi, tempore (Mr. STEVENS). ture on last week. That cloture vote is was dead. The legislative clerk read the fol- expected to occur around 3:30 if all de- This is a severe blow for al-Qaida and lowing letter: bate time is used. the terrorist enemy in Iraq. And it U.S. SENATE, Senators should also be aware that marks yet another victory in the glob- PRESIDENT PRO TEMPORE, the House is expected to complete their Washington, DC, June 13, 2006. al war on terror. To the Senate: work on the emergency supplemental The amendment I offered yesterday, Under the provisions of rule I, paragraph 3, conference report today. We expect to along with a number of my colleagues, of the Standing Rules of the Senate, I hereby turn to the supplemental this after- commends the courageous men and appoint the Honorable JOHNNY ISAKSON, a noon when that measure arrives. women of the U.S. military for their

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

S5731

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.000 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5732 CONGRESSIONAL RECORD — SENATE June 13, 2006 extraordinary efforts to eliminate this nings on the plains of western Kansas, Presidential nominee. It was the cap- brutal terrorist, and for their commit- Bob Dole has risen to become one of stone to a remarkable career. ment to helping secure a free, pros- our most accomplished and respected World War II hero, dedicated public perous, and secure future for the Iraqi public figures of the 20th century. servant, master of the Senate, and people. Bob Dole arrived in Congress in 1960 champion of the conservative cause, It also applauds the efforts of our co- as a representative of the Sixth Dis- Senator Dole has stamped his place in alition partners and the Iraqi Security trict of Kansas. He was immediately American political history. Although Forces who contributed to this chosen by his fellow freshman col- he has left office, the elder statesman achievement. leagues to lead the freshman class. His has in no way retired. He has authored Iraqi security recruits had long been ability to lead and inspire, his dry wit two best-selling books on political one of Zarqawi’s primary targets. De- and savvy, would characterize his as- humor, and a personal memoir of his spite repeated attacks against hopeful, cent to the peaks of political life. life as a soldier. He is invited to speak young recruits, these brave Iraqis kept Bob Dole was reelected for three all over the world to offer his wit and coming back. They have shown time more terms before being elected to the keen insights into the issues of our and time again they are eager to as- Senate in 1968. time. President Reagan once said of sume their responsibilities and do what In 1971, Senator Dole was chosen to Senator Dole, ‘‘His title of Leader is it takes to defend their democracy. lead the Republican National Com- not just a job title, it’s a description of The Iraqi public is also deserving of mittee, a position he held for 2 years. the man.’’ This plain-spoken, honest recognition. They defied Zarqawi’s It was a tumultuous time for Amer- and humble man from Russell, KS, is threats and streamed to the polls in ica. His steady hand earned him the the genuine article. three national elections. Against the Vice Presidential nomination alongside One of the brightest stars of the threat of violence, they formed a per- Gerald Ford in the 1976 election. Greatest Generation, Senator Dole manent democratic government. Jimmy Carter won. But that didn’t served his country with bravery and In recent months, coalition forces hinder Senator Dole’s steady climb. dedication. He has earned the affection have also received a tremendous in- Over the next decade, Senator Dole and respect of his fellow citizens. And crease in intelligence tips on the ac- moved up through the leadership he will always be remembered for his tivities and whereabouts of terrorists ranks, and in 1984, he was elected to humor, his leadership, graciousness directly from the Iraqi people. The succeed Senator Howard Baker as ma- and humility—and for the honor he has number of actionable intelligence tips jority leader. While Democrats re- brought to political life. from the Iraqi population numbered gained control of the Senate in 1986, Mr. President, I yield the floor. only 483 in March of 2005. Since Novem- Senator Dole continued to lead his f ber of that year, the number of tips has party as minority leader. In 1994, Re- skyrocketed to over 4,000 a month. publicans swept Congress, and Senator RESERVATION OF LEADER TIME The Iraqi people want peace. They Dole was once again elected majority The ACTING PRESIDENT pro tem- want to defeat the terrorist enemy leader. His 12 years as the leader of his pore. Under the previous order, the that uses them as human shields. They party in the Senate set a record, and leadership time is reserved. want to defend their country from made him the longest serving Senate f chaos and terror. leader of the Republican Party since And so, Zarqawi has met his fate. But its founding in 1854. MORNING BUSINESS the fight to secure a free and demo- I learned a lot from Leader Dole dur- The ACTING PRESIDENT pro tem- cratic Iraq continues. The terrorists in ing my first few years here. We saw eye pore. Under the previous order, there Iraq will continue to wreak havoc and to eye on most issues, but when we will be a period for the transaction of destruction. But they will not succeed. didn’t, he always encouraged me to morning business for up to 1 hour, with They cannot succeed. American forces, vote my conscience. the first half of the time under the con- alongside our coalition partners and He respected my commitment to trol of the majority leader or his des- the Iraqi security forces, will remain family, and with three young sons, he ignee and the second half of the time on the offensive until the terrorist was always careful to ensure that the under the control of the Democratic enemy is defeated. schedule wouldn’t run over my time leader or his designee. My Senate colleagues and I are filled with my wife and children. The Senator from Alaska. with pride at the bravery, skill, and And he took the time to listen to all f valor of our soldiers on the front line. colleagues. While many remember his TRIBUTE TO SENATOR ROBERT We are grateful for their service, and famous admonition, in meeting after DOLE we congratulate them for last week’s meeting, to ‘‘work it out,’’ what fewer successful mission to rid Iraq of its No. recall is that he would pursue votes, Mr. STEVENS. Mr. President, yester- 1 terrorist. and ideas, and solutions over and over day, we honored our colleague, Senator Our resolution also commends our and over to lead to the point where, in- ROBERT BYRD, for achieving an impor- Nation’s civilian and military leader- deed, we could ‘‘work it out.’’ tant milestone in our Senate’s history. ship, which includes President Bush Our Senate party was in good hands Today, we come to the floor to pay and Defense Secretary Rumsfeld, for under his stewardship. He was a good tribute to another man who stands out their continuing efforts to eliminate partner for President Reagan, and as a giant among those who have the leadership of al-Qaida in Iraq. President Bush. And the respect Presi- served in this Chamber. Senator Bob Prime Minister Maliki and the new dent Clinton paid him was impressive, Dole, last Sunday, marked the 10-year democratically elected Government de- even across party lines. anniversary of his retirement from the serve our gratitude and commendation. I was proud to begin to know him Senate. Here in the Senate, we will continue during my early years here. His por- Bob Dole and I came to the Senate at to support our men and women in uni- trait hangs on the wall in my con- the same time. We have worked to- form, the democratically elected Gov- ference room, making him part of our gether a great deal. When I was Repub- ernment of Iraq, and the Iraqi people as leadership meetings every week I have lican whip and he was our party’s Vice they strive for a free, prosperous, and often thought about what he might do Presidential nominee, I was asked to democratic future. when challenging situations arise help him prepare for his debate when f around here. he debated Walter Mondale—the first And as much, I have often wondered Vice Presidential debate in history. TRIBUTE TO SENATOR ROBERT what quip he might have offered to Bob helped us pass the Alaskan Na- DOLE break the tension at a tough moment. tive Land Claims Settlement Act, Mr. FRIST. Mr. President, this Sun- With my leadership team, we have which paved the way for the Trans- day marked the 10th anniversary of made some tough calls under his Alaska Pipeline. And he supported the Senator Robert Dole’s retirement from watchful gaze. In 1996, Senator Dole Alaska Lands Act and the Alaska Rail- the U.S. Senate. From humble begin- was chosen by the party to run as its road Transfer. In short, Bob Dole is a

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.001 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5733 great personal friend, a friend to me oath to serve our country in the Sen- one of the anniversaries of the landing and to Alaska. ate. That bond never fades, and I salute of D–Day. He asked me to accompany Bob was—and still is—a leader in the his service today. him. He spoke in Italy that day. Then truest sense of the word. Whenever I Thank you, Mr. President. we doubled back and went up to Nor- think of Bob Dole, I think of the great The ACTING PRESIDENT pro tem- mandy. We also incorporated in that many men I have known who were test- pore. The Senator from Virginia. trip a visit to a small village on the top ed in World War II. Like my good Mr. WARNER. Mr. President, before of a mountain. All the way up the side friend Senator INOUYE, Bob Dole is a the distinguished Senator departs, I of the mountain, the old bus we were in true war hero. He was tested in war and say to the Senator, you made mention was zigzagging up a narrow road. There injured and struggled back through a of his heroic service, together with were little signs: Welcome home, Bob long recovery. Like all great leaders, that of yourself and Senator INOUYE in Dole. After a luncheon, he took me and Bob takes great challenges of life and World War II. But I think the RECORD one other Member of the Senate and we uses them to improve the world around should reflect how you and I and others walked a short distance from the hotel him. in the Chamber—Senator INOUYE—sup- up on a hillside where there was a Having been injured in World War II, ported him in the World War II Memo- small stone wall. We stood there and he dedicated much of his time in public rial. This was something that was very joined him in a silent moment of pray- service to improving the opportunities dear to his heart, and he became the er. Prayer was very important, as it is for disabled Americans. national public president figure to now, to Bob Dole. That is where he fell Those of us in the Senate who were really raise those funds—almost all of wounded and survived under extraor- the dollars from the public sector: dol- fortunate enough to call Bob a col- dinary circumstances, largely owing to lars from veterans, dollars from all league for 27 years, chose him to serve one of the civilian partisans who across America, and, indeed, some from as our leader six times, when we were helped him get back to receive medical beyond our shores. in the majority and the minority. He To his credit, every time I pass it— care. I will remember that moment al- reached out to those who disagreed and I am sure you view that magnifi- ways. with him. He listened to advice. You cent memorial—I always remember his I also draw to the attention of my never had to ask him twice to know contribution in erecting it. colleagues—I am not here to sell where he stood; his word was—and is— Mr. STEVENS. The Senator from books—a great book he wrote called his bond. As President Reagan said: Virginia is correct, Mr. President. Sen- ‘‘Great Political Wit: Laughing (Al- His title of leader is not just a job title, ator INOUYE and I were pleased and most) All the Way to the White it’s a description of the man. proud to join him and you in that ef- House.’’ In it he talks about himself. I I think Bob’s decision to resign his fort. And we are delighted that the particularly like this. This was in the seat rather than stay in the Senate and sponsors of that memorial remembered last page of the book called ‘‘Great Po- campaign for the Presidency dem- Alaska and Hawaii. They are in the litical Wit’’: onstrates what a devoted public serv- memorial although they were not Don’t feel too bad for me. The appearance ant he is. I have now been in the Sen- States during World War II. of this book coincides with the fiftieth anni- ate over 30 years, and I have seen Mem- I thank the Senator. versary of Harry Truman’s stunning upset of bers of this body run for President and Mr. WARNER. Mr. President, I thank Tom Dewey in 1948, which not only changed miss vote after vote because they were my distinguished colleague. I played a the course of American history but produced on the road campaigning. very minor role in World War II in the a patron saint for every political underdog last year, the closing year, when my since. Like Truman, I have a Midwestern Bob Dole loved the people of Kansas preference for plain speaking, and a some- too much to leave them without a class of 17, 18-year-olds joined. times impolitic habit of laughing at pom- voice in the Senate, so he resigned. I And I say to the Senator, you, sir, posity. Although there have been times when believe that took great courage. If were a great hero in that war, as was I have been forced to eat my words—or swal- there is one thing about Bob Dole that Bob Dole. low my pride—I still find it hard to take too there is no shortage of, it is courage. Mr. President, I also thank our col- seriously people who take themselves that Bob himself said, when he resigned league, Senator SMITH, for initiating way. from the Senate: this recognition on the 10th anniver- What people often forget is that the last sary of Bob Dole’s retirement from the laugh doesn’t belong to the victorious can- One of the qualities of American politics Senate. didate—it belongs to the late-night [show] that distinguishes us from other nations is comics. that we judge our politicians as much by the When I came to the Senate—it is manner by which they leave office as by the hard to believe—28 years ago, he very In that book, he also told a story. I vigor with which they pursue it. You do not soon became a figure to whom I would think this is applicable to close out my lay claim to the office you hold, it lays turn from time to time to seek advice brief remarks this morning. claim to you. Your obligation is to bring to and counsel. He had a magnificent abil- As presiding officer of the United States it the gifts you can of labor and honesty and ity to reach across the aisle. And he Senate, Vice President Calvin Coolidge de- then to depart with grace. very firmly believed in the concept of clared his intention to master the rules gov- By his own standards, Bob Dole trying to do as much business as we erning the world’s greatest deliberative stands out as one of the most noble and could in a bipartisan way. body. This didn’t take long, said Coolidge, dignified men who ever graced these Much has been said about trips we who quickly discovered that the Senate has Halls. take in the Senate. I value the trips I but one rule, which is that the Senate will do whatever it wants whenever it wants to. Senator Dole did not win the 1996 took with Senator Dole. I remember Presidential election, but his commit- one very vividly when he quickly put I yield the floor. ment to public service has not wavered. together a delegation to visit Boris The ACTING PRESIDENT pro tem- He still contributes to the public de- Yeltsin when he rose to the top posi- pore. The Senator from Kansas. bate through his writing and speaking, tion in then the Soviet Union, watch- Mr. ROBERTS. Mr. President, special and he has remained active on the cam- ing Bob Dole with that new world lead- thanks to my colleague and friend, paign trail. We have been fortunate er, the two of them together trying to Senator GORDON SMITH, who represents that since his retirement another Dole reach common ground and common un- the State of Oregon and our Nation has joined this Chamber—his wife, Sen- derstanding in the midst of the Cold with grace and civility, intelligence ator ELIZABETH DOLE, who serves the War between the United States and the and accomplishment, for this special people of North Carolina and our Na- then Soviet Union. He was a man who order paying tribute to our Kansas tion, also, with great distinction. wisely thought about how this is one Senator Bob Dole. When Senator Dole resigned from the world in which we live today. Be it the It doesn’t seem possible that it has Senate 10 years ago to run for Presi- means of our national security or oth- been 10 years since Bob’s tenure as our dent, he and I were the only remaining erwise, we have to have the vision to majority leader ended, a tenure that Members of the class of 1968. We have a look abroad. represents the longest serving Senate bond that was forged on the morning of I also remember another day very leader of our Republican Party since January 3, 1969, when we each took the clearly. That was in connection with the founding of the Grand Old Party in

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I, not being in town, wanted to and humor and good old Kansas com- in the Senate when I was in the House. take an occasion to salute Senator mon sense. Having the privilege of representing BYRD for a remarkable career in the In 1968, when Bob first ran for the Bob’s former congressional district, the Senate. I was touched, however, re- Senate, his theme song was ‘‘Let a big first district of Kansas, knowing cently by the recognition given to his Leader Lead the Way.’’ He certainly Bob Dole since his friendship with my wife, who recently passed away, in did. It would be impossible to list all of father and later during my service as which Senator BYRD essentially said Bob’s legislative achievements, but the the administrative assistant both for that this would be a bittersweet day Dole Institute at the University of Bob’s predecessor in the Senate, Sen- for him in that he now is the record Kansas does provide some highlights. I ator Frank Carlson, and his successor holder for service in the Senate be- ask unanimous consent that they be in the House, Congressman Keith cause Erma would not be here to share ECORD. printed in the R Sebelius, many assumed that whatever it with him. I know how much Senator There being no objection, the mate- I was for, Bob was for. I would always rial was ordered to be printed in the BYRD values the Senate, but I think emphasize that Bob Dole was riding that comment of his, that reflection, RECORD, as follows: shotgun with me, whether he was or was evidence that he values his mar- 1962 Amendment to National School Lunch not. That was like having Wyatt Earp, riage and family even more. Act 1966 Food for Peace Act Bat Masterson, Doc Holiday, and Matt As a Republican Senator, I salute 1969 Controlled Dangerous Substances Act Dillon all by your side during any kind Senator BYRD for his remarkably long 1970 Drug Abuse Prevention and Control Act of legislative shootout. Of course, if we and distinguished career. 1971 Amendments to Federal Water Pollu- won, I had to come over to the Senate f tion Control Act and let him know. If we lost, I came TRIBUTE TO SENATOR ROBERT 1973 Rural Health Care Delivery Improve- over to ask for help. Either way, when DOLE ment Act the chips were down, it was a win-win 1974 Campaign Finance Reform Legislation with Bob on your side. Mr. SMITH. Mr. President, I was not 1977 POW / MIA Vietnam Legislation In Kansas, our State society named in the Chamber 10 years ago when Sen- 1977 Food Stamp Program ator Dole resigned his seat. I was, in 1979 Taiwan Foreign Relations Act Dwight David Eisenhower the Kansan 1980 Biotech Industry Incentives Act of the 20th century, and we are still fact, on the campaign trail in the 1981 Immigration Reform Legislation proud of and still like Ike. Historians midst of an election campaign that he 1981 Economic Recovery Tax Act have ensconced our native son as one of had helped to recruit me to run. I re- 1981 Hospice Care Legislation our greatest Presidents. The fact is member watching those proceedings 1982 Voting Rights Act Extension that the Eisenhower legacy lives on and seeing the bipartisan affection in 1983 Bipartisan Social Security Act with Bob Dole. Ike was his hero, and by which Senator Dole was held. I later 1983 Emergency Food Assistance Program following his example, Bob has been ac- met him many times on the campaign 1983 Martin Luther King Holiday Bill trail as he pursued the Presidency and 1984 Comprehensive Crime Control Act curately described as a towering figure 1985 Televised Senate Proceedings Resolu- and the most enduring Republican was impressed by his courage in the tion leader of the 20th century with a dis- face of very discouraging poll numbers 1985 Landmark Farm Bill tinguished record of public service that and the high probability that he would 1986 Tax Reform Act has made a tremendous positive impact not win and how hard he fought for us 1986 Terrorist Prosecution Act on our Nation. and others who were running to fill 1987 Homeless Assistance Act Following his elected public service, seats in the U.S. Senate. ELIZABETH 1988 Omnibus Trade and Competitiveness Bob has continued to contribute, to was at his side, and together they made Act a tremendous campaign and did honor 1988 INF Arms Control Treaty lead, and to achieve. I daresay without 1988 Anti-Drug Abuse Act Bob Dole, the World War II Memorial to our country and to the Republican 1988 Welfare Family Support Act would not be the centerpiece of the Party by the way in which they pros- 1990 Clean Air Act Mall in our Nation’s Capital. Most de- ecuted a very difficult campaign cycle. 1990 Americans with Disabilities Act serving of the Presidential Medal of It reflected honor upon our country. 1991 Desert Storm Authorization Resolution Freedom, he has been and is an inter- It is important that as we celebrate 1993 North American Free Trade Agreement national emissary for peace and free- his resignation and his career that 1994 Violence Against Women Legislation dom and is involved in countless ended 10 years ago, we take occasion to 1995 Comprehensive Federal Agency Regu- projects and causes. When I go back reflect on his remarkable accomplish- latory Reform Act ments. He served 27 years in this body, 1995 Congressional Accountability Act home to Kansas, Kansans always ask 1995 Comprehensive Telecommunications me: What do you hear from Bob? How 11 of those as Senate Republican lead- Reform Act is he doing? I tell them he is still on er. Bob Dole’s remarkable record of ac- 1995 Lobbying Reform Legislation the go and doing what he has always complishment as a Senator is well 1995 Safe Drinking Water Act done, that we still tow buckets to- known. It is not an exaggeration to say 1995 Medicare Trust Fund Legislation gether, and we don’t spill very much. that his fingerprints could be found on 1995 Private Securities Legal Reform Act Simply put, Bob Dole continues to be nearly every major piece of legislation 1996 Farm Conservation Bill a leader who leads the way. We in Kan- that passed Congress during the 1980s 1996 Line Item Veto and the first half of 1990s. 1996 Omnibus Appropriations Act sas are proud of Bob Dole. 1996 Cuban Liberty and Democratic Soli- My thanks again to Senator SMITH It was Bob Dole who reached across darity Act for reserving this time honoring our party lines to work with Senator 1996 Bipartisan Immigration Control and Fi- native son. George McGovern to create the Food nancial Responsibility Act The ACTING PRESIDENT pro tem- Stamp Program. It was Bob Dole who 1996 Bipartisan Anti-Terrorism Legislation pore. The Senator from Oregon. worked with Senators HARKIN and KEN- Mr. ROBERTS. These accomplish- f NEDY to bring about the Americans ments were of direct benefit to the with Disabilities Act. It was Bob Dole daily lives and pocketbooks of Ameri- HONORING SENATOR ROBERT C. who worked with the late Senator Pat cans and represent many programs and BYRD Moynihan to save the Social Security reforms that we now take for granted. Mr. SMITH. Mr. President, it is a Program. Bob is probably most proud of the fact privilege to come to the Chamber and I rise today not just to pay tribute to he led the way for disabled Americans, speak of Bob Dole and also his distin- Bob Dole’s legislative accomplish- for our Nation’s School Lunch Pro- guished wife, our colleague, ELIZABETH ments; rather, I rise on this occasion to

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They worked to- Second World War. Indeed, for many tells the remarkable story of his recov- gether to help craft improvements in Americans, Bob Dole is the living sym- ery from the wounds he suffered during the School Lunch Programs and other bol of what Tom Brokaw has termed the Second World War. feeding programs that assist Ameri- ‘‘America’s greatest generation,’’ the Mr. President, Bob Dole has often cans who are unable to provide for generation of Americans who saved said that he takes inspiration in the their own nutritional needs. Think freedom during World War II. My gen- State motto of his beloved Kansas, about that. This was at a time when eration is the beneficiary of Bob Dole’s which is: ‘‘To the stars through dif- the Federal Government was pretty generation, the world we inherited, a ficulties.’’ There can be no doubt that well leaving these responsibilities to world in which America assumed world Bob Dole reached those stars in serving State and local governments, chari- leadership. My generation has been his country as a soldier and as a public table organizations, and the Nation’s greatly blessed by patriots such as Bob servant. He has proved time and again schools to formulate their own re- Dole. over the past decade that he continues sponse to these challenges. Perhaps Bob Dole’s greatest con- to reach for the stars as a private cit- But we became a Nation whose record of support for dealing with these tribution to the past decade was his izen. chairmanship of the National World I know all Senators join me in salut- problems has become a model for the War II Memorial. Quite simply, that ing Bob Dole and thanking him for the world. As a matter of fact, he and George McGovern created a worldwide beautiful memorial would not grace positive difference he has made over nutrition assistance program that our National Mall now had it not been these past 10 years. Part of that dif- today makes food and nutrition bene- for the persistence and leadership of ference was supporting his wife Eliza- fits available to the poorest of the poor Bob Dole. beth and her campaign to win a seat in in Africa and many other countries Bob Dole also volunteered for service the Senate. Together, they are a re- throughout the world. after the attacks on September 11, markable American couple and have when he joined with former President He was a leader in establishing a made a remarkable difference for the modern veterans benefit program and Bill Clinton to serve as cochair of the betterment of our country and even the Families of Freedom Scholarship Fund, ensuring that a cabinet-level position world. was available to help administer this which assists the educational needs of Mr. President, I yield the floor. families of those who lost their lives in program to be sure that all veterans, The ACTING PRESIDENT pro tem- those who had disabilities or those who the World Trade Center, the Pentagon, pore. The Senator from Mississippi is and United flight 93. deserved pensions and other benefits recognized. because of their age or experiences in During this time in this Chamber, no Mr. COCHRAN. Mr. President, I Senator spoke more loudly and more war, would have those benefits and thank those who have come to the could be a part of our national citizen- eloquently about atrocities occurring floor today to help honor our former around the world—specifically in Bos- ship in every sense of the word. colleague in the Senate, Bob Dole. I I recall very vividly when we elected nia—than did Bob Dole, who raised his don’t know of anyone who has had voice loudly. He has continued his vigi- Bob Dole as our leader in the Senate on more of an influence on my career in lance by serving as Chairman of the the Republican side. He was a master the Senate than Bob Dole, although International Commission on Missing at getting things done, at working out Howard Baker, who was the Republican Persons, traveling to the Balkans to problems, at bringing people together leader when I first arrived in the Sen- provide closure to families of those who had disparate views on subjects ate in 1978, also had a great deal to do who were victims of the genocide that that we needed to take action on and with my career here. occurred under Slobodon Milosevic. deal with. He worked hard. He knew I don’t know who coined the phrase In January of 2003, President Bush everybody’s personal interests and disappointed Bob Dole as honorary Co- ‘‘compassionate conservative,’’ but Bob position. I was amazed at how he could chair of the President’s Council on Dole was the epitome of a compas- stand before the Senate and stay there Service and Civic Participation. He has sionate conservative. His legislative until the late hours of the evening, worked to connect countless Ameri- record is replete with examples of his working out the intricacies of a tax re- cans with service opportunities in com- leadership to help ensure the formula- form bill, which he helped craft as munities, schools, and workplaces. tion and implementation of policies by chairman of the Finance Committee, in Bob Dole has also continued his com- our Federal Government that recog- charge of tax policies for our country. mitment to ending the scourge of hun- nized the needs of those who were un- He was a Senator’s Senator in every ger, working with his former colleague, able to care for themselves, or were un- respect, a warm-hearted, humorous, de- George McGovern, to advocate the ex- able to make progress economically, lightful companion, who enriched the pansion of school breakfast programs without the assistance of the Govern- lives of all who served with him in the in the United States. They have also ment. Senate. I suppose the highlight for me teamed to promote the expansion of He authored the Americans with Dis- in my relationship with Senator Dole the School Lunch Programs across the abilities Act and helped lead the way was the nominating convention, when world through their Global School for many Americans by his example of he was selected to be the Republican Feeding Initiative. how one can overcome disabilities. My Party candidate for President of the Bob Dole has also devoted a great friend Gordon Smith mentioned his au- United States. I was very excited about deal of his time and energy to the Rob- thorship of the book ‘‘One Soldier’s that. It was a wonderful decision. I ert J. Dole Institute of Politics, which Story.’’ That should be required read- could not think of anybody who would is located at the University of Kansas ing for every American. It was a heart- be better as President of the United in Lawrence, KS. The institute is one warming yet heartbreaking account of States than Bob Dole. I remember the of America’s premier university-based his experiences in World War II in com- night that the convention nominated political science and international af- bat and his long road to recovering him and he walked out on the stage to fairs research institutes, dedicated to from the painful and life-threatening accept the nomination. It was really reestablishing politics as an honorable injuries he sustained in battle. quite an event. Also, that night, I re- profession and to promoting greater You can also look to examples of call while they were counting the bal- student and civic involvement in the when he was a leader in the Agri- lots on the floor, he invited CHUCK democratic process. culture Committee on which I had the GRASSLEY from Iowa, our colleague in Along with all of these activities, good fortune to serve as a new member, the Senate, and me to be with his fam- Bob Dole is one of America’s most pop- at a time when he was one of the true ily up in the suite in the hotel in San

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We are de- Years later, he would recount that Also, I believe Bob served as the lighted, though, the Senate is taking ‘‘growing up on the edge of the Depres- spokesman for a number of different time to recognize the great service sion-era Dust Bowl, I was taught to put commercial causes which have contin- that he rendered during his career my trust in God and not government, ued. And his humor continues unabated here. and never to confuse the two.’’ Per as well. f Aspera. I remember when serving as sec- As a young man, Bob Dole rose to retary of agriculture in the State of SENATOR BOB DOLE meet the greatest challenge his great Kansas that Senator Dole would ad- Mr. BROWNBACK. Mr. President, I generation would face—World War II. dress a number of farm audiences— am in the Dole seat for Kansas. When Bob was a second lieutenant in the sometimes from the back of a pickup Senator Dole left, I ran for his seat and Army’s 10th Mountain Division. He truck. He would see a number of mem- was fortunate enough to be elected to served in the mountains of Italy, where bers of that audience who would often that seat. I worked with Senator Dole he and his unit faced some of the fierc- loosen up their belts and their overalls for many years, when I was secretary est and challenging fighting of the war. because they knew they were going to of agriculture for Kansas. I first met Bob fought bravely. He was wounded. be in for an entertaining speech, a lot him when I was Kansas State president He fought again. He crawled from the of times about 30 minutes or 25 min- of the Junior Farmers of America. I security of his foxhole during intense utes of jokes and one-liners and 5 min- have had a wonderful relationship with fighting to assist a critically wounded utes of politics. They loved it. He loved Senator Dole. He is an outstanding radio operator, and in the process was it. They loved him. He loved them. It American, and he is an outstanding shot in the back by a Nazi machine was a beautiful symbiotic relationship Kansan. He deserves tribute. gunner. This time few thought he that Bob Dole had with his State, with We in the Senate are certainly would survive. Bob Dole was hospital- my State of Kansas. He also continues to serve as a trust- blessed and honored each time we have ized for a total of 39 months. He gave ed adviser and friend to guys like me. the opportunity to rise on our feet on up the use of his right arm. this floor and address this august body. Ad Astra—to the Stars. I have been honored to be able to serve At this moment, I feel particularly For his wounds, Bob was awarded two in his seat. It is difficult to follow blessed and honored to be able to rec- Purple Hearts. For his valor, Bob Dole somebody of his legendary status and ognize my predecessor, Senator Robert was awarded the Bronze Star with an his ability as a legislator, his ability as Joseph Dole. Oak Cluster. a leader, and the contribution that he Today, we rise to mark the decade Ad Astra—to the Stars. has made to this society, to this Na- anniversary of Senator Dole announc- Returning to his native Kansas, Bob tion, and to this world. Yet we try— ing his retirement to this body. On turned to his family, to his neighbors, and try with his advice. He is an important American of dis- June 11, 1996, Senator Dole, as the Re- and to his friends for support. Later, he tinction. He is someone who truly de- publican nominee for the Presidency, remarked: ‘‘I was sustained by neigh- serves to be recognized. He is one who announced that he would resign his bors, who were anything but stingy has touched many lives individually seat in the U.S. Senate. And some with their love and encouragement. I and millions of lives collectively. He is asked, Why would he retire with 2 full learned then, if I hadn’t already known the epitome of the greatest generation, years left in his term and only 6 it, that there is no such thing as a the generation that served the rest of months left in the campaign? ‘‘I wholly self-made man or woman.’’ mankind, to be beat off Fascism, Hit- thought that was what was best for He picked up where he left off and ler, Communism, and gave us the freest Kansas.’’ For while he was many earned his undergraduate and law de- world that we have known. things—a legislator, a statesman, a grees from Washburn University in To- There are still wars to be fought, still decorated war hero, a leader—Senator peka, KS. From there, Bob Dole began battles to be fought, and we pick up Dole believed in his State and he be- his political rise to the stars. the flag and carry it each and every lieved in service to his State and he Ad Astra. day, but we owe so much in tribute to thought this was the best for his State, Bob served in the Kansas State House legendary leaders such as Bob Dole. and that he would run just as a man, as the Russell County attorney, and on Senator Dole, on behalf of our coun- an ordinary citizen. It was a tremen- January 3, 1961, Bina Dole’s little boy try and our State, certainly from me dous tribute to his service and his be- was sworn into the 87th Congress of the personally, I say, thank you and God lieving in the service of this body, that United States. Within a decade, Dole bless you. if you couldn’t be here full time to do had distinguished himself as a legis- Mr. MCCAIN. Mr. President, I am this work, he thought it would be bet- lator and was sent by his fellow Kan- pleased to join with my colleagues in ter that he would leave it and bring sans to serve here in this body. paying tribute to one of our Senate’s somebody else in so that he could pur- And here in this Chamber, Bob Dole finest leaders, Senator Bob Dole. sue the Presidency full time. continued to serve the people of Kansas Ten years ago, after representing his The motto of our State is ‘‘Ad and this great Nation. He served them home State of Kansas in the House of Astera, per Aspera.’’ That is a Latin as chairman of the Finance Com- Representatives for 8 years and in the phrase meaning ‘‘to the stars, through mittee. He served them as the minority Senate for over 27 years, Majority difficulty.’’ Perhaps, considering our leader of the Senate. He served them as Leader Dole resigned from the Senate. State’s motto, one could consider it majority leader. He served them for He did so in order to engage fully all of also the motto for Bob Dole. nearly three decades, until exactly one his attentions to his Presidential cam- He was born in 1923 in Russell, KS. decade ago today, when he retired. paign. The Senate lost one of our Bob Dole was a teenager during the Today, Bob Dole’s service is neither greatest leaders that day, but Bob Dole worst environmental disaster of my over nor forgotten. Having been recog- continues to be a national leader to State’s history—that was the Dust nized with the Presidential Medal of this day. Bowl. He was 11 years old on April 14, Freedom—a civilian honor, to match I traveled with him a great deal dur- 1935, which was referred to as ‘‘Black his military honors—he has continued ing his campaign, and it was a thrill Sunday.’’ On that day, a wall of dust to serve. He served as chairman of the for me. I was given the honor of intro- covered the prairie of western Kansas, International Commission on Missing ducing him at the 1996 Republican Con- turning day into night. Some thought Persons in the former Yugoslavia and vention—quite a humbling privilege for it was the end of the world. During the National World War II Memorial. someone who considers himself far less those years, childhood friends of Bob He even gets a great deal of con- distinguished than the man I was in- Dole recalled postponing basketball stituent casework of people contacting troducing formally to the Nation as

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I also ask the new laws are needed and that the laws cating one’s live to a cause greater Senate to send a message of confidence on the books, which haven’t been up- than one’s self-interest, and for this I and hope to the miners across America dated, incidentally, in 30 years, to ad- will always be thankful. that we in the Senate are no longer just for new technology in coal mining, Everyone knows that Bob is a deco- willing to put coal industry executives according to Mr. Stickler, those 30- rated veteran through his sacrifice in that care more about profits than lives year-old laws are just fine. And he said World War II and that he faced a very in charge of their safety. this after the Sago mine explosion that hard road to recovery upon his return— How many of us recall the recent took the lives of 12 coal miners. I can’t support a nominee to be head a road that many selfless men and news stories coming out of Kentucky of mine safety when he opposes the re- women today are similarly facing upon and West Virginia—heartbreaking sto- cently passed Miner Act. This law, their return from the war in Iran and ries—where lives were lost and families which the Senate passed by unanimous Afghanistan. Like Bob, they, too, are waited expectantly aboveground pray- consent, without one single Senator American heroes and they need and de- ing that those miners would be found dissenting, was a recognition by all of serve to be reminded of that fact as and be brought back safely, and how us that mine safety laws need to be up- often as possible. many times that was not the case. What brings about safety in these dated in order to protect the coal min- Bob Dole’s distinction among his coal mines, so deep in the Earth? The ers and to stop the unnecessary and sad peers could have rested with his mili- vigilance of the agencies, Federal and and tragic loss of life. But Mr. Stickler, tary service. But instead, he chose to State, that keep an eye on the compa- who wants to be head of this Federal continue serving his country and was nies that are operating out of the view agency to protect coal miners across as effective as he was, in my view, of most of the world. Those are the America, disagrees. largely because of his experience as a things that are important. Today, we Furthermore, Mr. Stickler argues war veteran. For example, his Senate will have a chance to vote on a man that the duty to comply with safety leadership was essential to the efforts who wants to head the Federal agency laws falls on the shoulders of the mine of Presidents Reagan and Bush to win when it comes to mine safety. Unfortu- companies, and that the agency he the Cold War. He built majority coali- nately, Mr. Stickler is yet another in a wants to head plays no role. He told a tions to help restore the readiness and long line of coal industry executives committee of the Senate that he be- modernization of our Armed Forces, nominated by this administration. lieves there is a compliance problem, which had been so badly neglected in The last industry appointee to the not an enforcement problem, in the the previous decade. Thanks to his vi- Mine Safety and Health Administra- mine industry. Mr. Stickler doesn’t sion, America is better prepared to de- tion withdrew or delayed final action seem to understand that without en- fend herself and others from those who on 18 mine safety rules. The result was forcement, there will be no compliance. want to cause us harm. disastrous—disastrous to the tune of 33 Any industry left on its own to comply While Bob may no longer be daily in coal mine deaths in America in 2006. with Federal and local laws will often Two of the rules that could have been the public eye as he enjoys life in the fail to do so. That is a reality—a re- enacted and were not by the prede- private sector, he still continues to ality Mr. Stickler doesn’t even under- cessor to the man being appointed to focus his energy on issues of impor- stand. this position had the potential to speed I am astonished that President Bush tance to our country. He cochaired the the rescue and increase the chance of Families of Freedom Scholarship Fund would nominate a person to head this survival for the 14 miners killed in the important safety agency who has such with former President Clinton, helping recent West Virginian Sago and Alma to raise money for the families of the little regard for the need to enforce the mine disasters. One would have sped up laws of the land, to protect the lives of victims of 9/11 to pursue secondary edu- the formation of rescue teams. The cations. Bob also continues with his ef- coal miners, and to spare families from other would have provided more oxy- the grief that so many have suffered forts on behalf of the disabled. And, of gen for the miners. Both of these rules this year. course, since leaving the Senate 10 could have saved miners’ lives this Mr. Stickler’s statements at his con- years ago, he is also now enjoying the year. But the Mine Safety and Health firmation hearing fly in the face of re- obligations of a Senator’s spouse. Administration didn’t enact the rules. ality, and I ask: What do his comments Bob Dole is an American hero, and I Why? Because doing so would have cost say to the families of those 33 lost min- am privileged to call him my friend. the coal companies money. It is just ers? The ACTING PRESIDENT pro tem- that simple. And now 33 miners have Many of these families oppose the pore. The majority’s time has expired. paid with their lives, and Congress was confirmation of Mr. Stickler because of Mr. SMITH. Mr. President, I suggest forced to act. his opposition to revising mine safety the absence of a quorum. We passed a new law this year—a law laws and his live-and-let-live position that was pushed by the Senators from on enforcement regulations. They are The ACTING PRESIDENT pro tem- West Virginia, Senators BYRD and not alone. The United Mine Workers pore. The clerk will call the roll. ROCKEFELLER—which I was happy to and the AFL–CIO also oppose Mr. The assistant legislative clerk pro- support because of the coal mining in Stickler’s nomination. All of us in the ceeded to call the roll. my own home State of Illinois. It is Senate supported passage of a new law Mr. DURBIN. Mr. President, I ask called the Mine Improvement and New to save miners’ lives. We unanimously unanimous consent that the order for Emergency Response Act of 2006. It supported it. Mr. Stickler doesn’t be- the quorum call be rescinded. mandates the formation of two mine lieve that legislation was even nec- The ACTING PRESIDENT pro tem- safety teams available within an hour essary. pore. Without objection, it is so or- of an accident. Such quick response We also know that enforcement of dered. mine rescue teams might have saved the laws is needed to compel mine op- lives at these coal mines in America erators to comply with the laws. Mr. Mr. DURBIN. Mr. President, will you this year. Stickler, again, disagrees. please inform me of the business before This new law also mandates the pur- We learned a bitter lesson about 11 the Senate. chase of wireless tracking and mes- months ago on the gulf coast. Hurri- The ACTING PRESIDENT pro tem- saging equipment and extra oxygen for cane Katrina, the worst natural dis- pore. The Senate is in a period of morn- miners underground. Both of these pro- aster to strike America, came with ing business. The minority’s time has visions could also have saved lives. warning, devastating New Orleans and begun, with 28 minutes 30 seconds re- My concern with Mr. Stickler’s nomi- many communities in Louisiana, Mis- maining. nation is not solely that he is a coal sissippi, and Alabama. Even with 3 or 4

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.031 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5738 CONGRESSIONAL RECORD — SENATE June 13, 2006 days’ warning that this hurricane was and send us at this time a more suit- status quo that has cost miners their about to strike and could have dev- able nominee. lives in this country. It is a wrong turn astating impact, the Federal Emer- As we all know, just 6 months ago, 12 to have the enforcement of our mine gency Management Administration miners were killed in the Sago dis- safety laws turned over to a former was not ready. They were not prepared. aster. In the wake of that tragedy, coal company executive with no back- Unfortunately, the person who head- many of us in the Senate worked ground in miner health and safety. ed up the agency effort, Mr. Michael hard—and I commend the Senator who Here is how the head of the United Brown, didn’t do everything he could is sitting in the chair for his work—on Mine Workers of America put it in a have done and, as a result, lives were this incredibly important issue. We did letter to President Bush. He said: lost, people suffered, there was damage the right thing. We came together and The Nation’s miners cannot tolerate hav- that was totally unnecessary, and the passed the most comprehensive mine ing another mine executive running the rescue effort was slow to come and, safety update in a generation. agency responsible for protecting their sadly, too late for many. I was honored to work on that his- health and their safety. For too many years, The lesson from Michael Brown at toric bill with Senators KENNEDY and miners have endured an agency directed by coal mining executives. Too often these min- FEMA was that you don’t put a person ENZI, Senator ISAKSON, who is in the ing executives place a priority on produc- whose speciality in life is Arabian chair, and Senators ROCKEFELLER and tivity, but fail to focus on miners’ health horses in charge of the Federal Emer- BYRD. But we have to do more than and safety. Too many times MSHA has not gency Management Administration. He just pass a law. We need to make sure done all it is charged with doing to promote wasn’t ready for the job, and as a result we provide the resources, and we need miners’ health and safety. of that people died and people suffered. to make sure we provide the leadership Clearly, we need a new direction at So now what do we have today? We to carry this out. That is why it is so that agency and, clearly, Mr. Stickler have Mr. Richard Stickler, an execu- disturbing to me that the Senate ma- does not provide a new kind of directive from a coal company, who is now jority leader is today trying to push an tion. going to be put in charge of watching unqualified nominee through to head The words that I just quoted are the coal companies. Why? Because he is this agency. words of Cecil Roberts, international charged with the safety of coal miners. Senator BYRD, who represents the president of the United Mine Workers When one listens to his responses to Sago families, has raised some very of America. He and the AFL–CIO op- the questions at the committee hear- valid concerns about Mr. Stickler’s pose this nomination and with good ing, it is clear that he has taken a posi- qualifications and, following Senate reason. tion with which most coal companies tradition, those concerns should be With America’s miners risking their would agree: We don’t need no more heeded. They should give all of us lives every day, as we all know—and a regulation; we don’t need no more en- pause. Indeed, we see the leadership new law in place, thankfully, because forcement; we don’t need no more med- today departing from the usual process of the leadership of the Presiding Offi- dling Federal agencies. and trying now to push this nominee cer, that has to be vigorously en- Maybe that point of view would have through the Senate. I believe that is forced—we cannot entrust our mine prevailed some time past, but this year the wrong course of action when the safety to someone who has not shown we know better. lives of our American miners are at the background or the passion or the Coal mining, one of the most dan- stake. desire to make sure those laws work gerous occupations in America, has Mr. President, as you well know, I well and will fight for the health and claimed 33 lives this year. This Con- am very passionate about this issue be- safety of American miners. gress understood it. We passed unani- cause I have worked on mine safety When it comes to mine safety, we mously a change in the law to protect issues with you and with the Senator know now that we cannot tolerate those coal miners. We cannot afford to who is arriving on the floor as I speak, business as usual. I believe the Senate put in that agency a person in charge Senator KENNEDY. In fact, at the hear- should reject this nominee and demand who is not going to spend every minute ing of this nominee, it was my ques- a leader, someone who will stand up for and every ounce of his strength to pro- tioning of his confirmation hearing our miners. tect those coal miners and be an advo- that revealed to me his business-as- Mr. KENNEDY. Mr. President, will cate for their families. Mr. Stickler is usual approach to miner health and the Senator be good enough to yield? not that person. safety. Mrs. MURRAY. Yes, I will. On behalf of the 3,500 coal miners in When Richard Stickler testified at Mr. KENNEDY. I ask the Chair, how my home State of Illinois and all of the his HELP confirmation hearing in Jan- much time do we have remaining on coal miners across the country, I urge uary, he told me he believed the cur- our side? my fellow Senators to oppose the con- rent mine safety laws are adequate. The ACTING PRESIDENT pro tem- firmation of Mr. Stickler for this im- That was before we passed our legisla- pore. There is 12 minutes 55 seconds re- portant position. tion. He said those current mine safety maining. Mr. President, I yield the floor. laws were adequate. I couldn’t disagree Mr. KENNEDY. Will the Presiding The ACTING PRESIDENT pro tem- more, and neither could the House and Officer let us know when we have 7 pore. The Senator from Washington. Senate, which, after that, passed the minutes remaining? Mrs. MURRAY. Mr. President, I rise most significant mine safety improve- The ACTING PRESIDENT pro tem- today to join my colleague from Illi- ments in a generation. pore. Yes. nois in expressing my deep concern I was disappointed in his responses at Mr. KENNEDY. Mr. President, I about the nomination of Richard the hearing, so I asked him further thank the Senator from Washington, Stickler to be Assistant Secretary of questions in writing. In reply to that, who is the ranking member of the sub- Labor for Mine Safety and Health. Mr. Stickler could not suggest a single committee that has been dealing with That is a long title, but it means one way to improve mine safety—not one this issue, for an excellent statement. I thing: This is the person who is going single suggestion. Think about that for wonder if she agrees with me that we to be in charge of the health and safety a minute. We would not put someone in have passed very important mine safe- of every miner in America. charge of food safety who has no idea ty legislation that the President of the That is a very serious responsibility, about how to make consumers safe. We United States is going to sign. It has and it requires a serious leader, some- wouldn’t put someone in charge of air- strong bipartisan support. Our com- one with a strong background in mine line safety who has no idea how to mittee, which was led by Chairman safety and a strong commitment to ag- make air traffic safer. And we cer- ENZI, visited the Sago mine. We had ex- gressively protect America’s mine tainly shouldn’t put someone in charge tensive hearings on the issue. Does the workers. I sit on the committee that of mine safety who has no idea about Senator agree with me that if we are oversees the nomination. I have to tell how to make our mines safer. going to have this new beginning in the Senate, Mr. Stickler offered nei- We need a leader now more than ever terms of mine safety that we need to ther. I believe the President, respect- at the Mine Safety and Health Admin- have someone who is going to effec- fully, should withdraw his nomination istration who will not just accept the tively run that program, who is going

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.009 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5739 to be someone who understands both whether there needed to be any and someone who was enormously in- the history of what has been happening changes in the existing law, he said he volved and active in getting this legis- in the mines in West Virginia, in Penn- thought that the existing laws were lation passed, and I pay tribute to Sen- sylvania, in Kentucky, and throughout adequate. This is prior to the time that ator ISAKSON. But in that meeting, I the Midwest, and has demonstrated we passed the new legislation, as I re- can remember it was the sense of all of leadership in terms of protecting min- member. the members, Republicans and Demo- ers? Does the Senator agree with me Mrs. MURRAY. Mr. President, I crats, who were so moved by the tre- that what we are looking for is strong would answer the Senator in saying, mendous tragedy and sadness, particu- leadership to implement that legisla- that is absolutely correct. Prior to any larly when they had the sense of hope tion? action by this body and the House in at the Sago mines that their loved ones Mrs. MURRAY. Mr. President, I passing tougher laws, this nominee might have been able to survive we would say to my friend from Massachu- said no changes were needed. made a commitment to them that we setts through the Acting President pro Mr. KENNEDY. And when he was were going to do everything possible to tempore, I couldn’t agree more. I think asked whether he would implement the make sure that others who go into the the country sat at its dinner tables and law requiring a mine rescue team on mines were going to be protected. We watched the mine accidents that have site at every mine, Mr. Stickler said: have come back here and passed a occurred increasingly over the past No, Senator, I can’t commit to that at good, bipartisan bill, and also in the year. So we understand what it takes this time. I will study this. House of Representatives. There was a in this country is leadership at an Does the Senator remember that real question among many of us here agency. Just look back at what hap- when asked what he would do with in- whether we could get a good one that pened with Katrina with the head of formation about new mine safety tech- the President would sign, and now the FEMA. It takes leadership in an agen- nology, Stickler said: I think that President has announced that he is cy. It takes all of us to put laws in needs to be looked at. going to sign it on Thursday. place. But if there is not someone at When asked whether he would re- The mines themselves are having the head of that agency who is sending quire the use of new technology like record problems. The mines themselves a direction down through the ranks tracking devices, Stickler said: I look we find out are having record deaths. that our miners’ safety and health has forward to reviewing the results of the We passed good legislation and we to come first, any law we pass will just technical evaluation. promised those individuals that we be something written in a book. When asked whether he would en- were going to do everything we pos- Mr. KENNEDY. Mr. President, would force the current standard prohibiting sibly could to make sure that the trag- the Senator agree with me that there the use of belt air if it was shown that edies that happened to their loved ones are, it seems to me, three major tests. the use of belt air caused the Alma would not happen again. We all know that Mr. Stickler was a mine fire, Stickler said: I would re- We passed the legislation. Now we miner and comes from a mining family, evaluate the standard. Here are the se- have the letters from so many of these and we respect that. We have a great ries of questions, many of them asked families who have read the record of deal of respect for that. I am sure he by the Senator from Washington and this individual and have pleaded with was a great miner, as is his family, I others. us—pleaded with us—pleaded with us, am sure. But what we are looking at Does the Senator not agree with me that if we honor the memory of those now is the record of Mr. Stickler re- having read the answers, plus attend- who died in these mines, that we put garding mine safety. ing the hearing, that one could say Would the Senator agree with me someone in charge who is going to real- that the miners of this country deserve that if you look over the record that he ly implement that legislation and to to have someone who is going to be has in terms of mine safety—this chart fight for safety. represents the Stickler-managed mines more aggressive in terms of looking at Is the Senator not moved, as I am, by which racked up thousands of safety ci- new technology and in looking at addi- the letters we received from the min- tations. This is 1989 all the way tional safety standards, in looking at ers’ families who have been lost, many through 1996. There were a total of 2,800 more effective kinds of enforcement of whom came to our hearings and who citations, 97 closures, and we have and protecting the lives of the work- listened to the testimony on this indi- here—there is some time overlap be- ers? vidual? They have studied his record, tween that chart and this one—the Ea- The ACTING PRESIDENT pro tem- and now they plead with us—plead with gle’s Nest Mine where the managed pore. There are 7 minutes remaining. us—that we get someone else to pro- mine injury rate is nearly triple the Mr. KENNEDY. I would ask the Chair vide the leadership for implementing national average. to let us know when 2 minutes remain. the mine safety laws. Is the Senator So we have the citations which are Mrs. MURRAY. Mr. President, I moved by those letters? an indication in terms of the mine safe- would just say to the Senator from Mrs. MURRAY. Mr. President, I ty, we have a comparison with what Massachusetts, I want in charge of this would say to the Senator from Massa- has happened in terms of the average, agency someone who will stand up and chusetts, every Senator on this floor and then when he was running the say, We are going to make the mines should take a few minutes to read mine safety program in Pennsylvania, safer for the families who send a loved those letters from the families who we had inspectors who were threat- one there every day. have been impacted by mining disas- ening to quit because they thought he I went to that hearing, and all of ters. I would say to my colleagues and was failing to protect miners. This what the Senator from Massachusetts to the President that we ought to be chart shows the mine safety inspectors just presented and the attitude this thinking we have to put someone in and harmed coal miners, and his pol- nominee presented—to me, this is not place in this agency who is going to icy—that is the policy of Mr. Stickler— someone, despite his background, who wake up every single day he is on the is a detriment to safety that would, is going to stand up and lead. I believe job and say, What am I doing to make without a doubt, make the coal indus- that we need to send this nominee back sure that in my responsibility of tak- try less safe for two-thirds of its work- and we need to have somebody who we ing care of hundreds of miners every ers. can proudly say is going to lead this single day, I am moving the ball for- So we have his record in terms of agency at a most critical time. ward. mine safety in the mines. As an admin- Mr. KENNEDY. Mr. President, fi- I have to say to the Senator from istrator, we have inspectors of the nally, I would like to get the Senator’s Massachusetts, there was no passion mines who are prepared to resign. reaction to these letters that we have when I saw the presentation. I did not Then, the third strike, which I think is gotten from families of those who were see someone in front of me who under- enormously powerful, is, as the Sen- lost in the Sago mines and in other stood the tremendous responsibility ator from Washington pointed out, his mines. I found them enormously power- that he was being given and who would response to the questions. ful. When we visited the Sago mine, we wake up every single day and say, The Senator remembers, because she had—I see in the Chair presiding over What am I doing to improve mine safe- commented on this, when he was asked the Senate a member of our committee ty? That is my responsibility.

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.010 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5740 CONGRESSIONAL RECORD — SENATE June 13, 2006 That is the kind of person I want in CONCLUSION OF MORNING behalf of Senator LAUTENBERG, and ask charge of this agency, I say to my BUSINESS for its immediate consideration fol- friend from Massachusetts. The ACTING PRESIDENT pro tem- lowing the disposition of the Warner Mr. KENNEDY. Mr. President, I pore. Morning business is closed. bipartisan amendment. The PRESIDING OFFICER. Without thank the Senator. If I could have rec- f objection, it is so ordered. The clerk ognition myself. NATIONAL DEFENSE AUTHORIZA- will report. The ACTING PRESIDENT pro tem- TION ACT FOR FISCAL YEAR 2007 The legislative clerk read as follows: pore. The Senator is recognized for 2 The ACTING PRESIDENT pro tem- The Senator from Michigan (Mr. LEVIN) for minutes and 30 seconds. pore. Under the previous order, the Mr. LAUTENBERG, proposes an amendment Mr. KENNEDY. Mr. President, I want Senate will resume consideration of S. numbered 4205. to thank the Senator from Washington 2766 which the clerk will report. Mr. LEVIN. I ask unanimous consent again. We have worked very closely to- The assistant legislative clerk read the reading of the amendment be dis- gether. We have worked with the adas follows: pensed with. A bill (S. 2766) to authorize appro- ministration. We have worked with our The PRESIDING OFFICER. Without priations for fiscal year 2007 for mili- colleagues and friends, Senator ROCKE- objection, it is so ordered. tary activities of the Department of The amendment is as follows: FELLER and Senator BYRD. We have Defense, for military construction, and worked together with Governor (Purpose: To provide a temporary prohibi- for defense activities of the Depart- tion on an increase in copayments required Manchin and other Governors. We have ment of Energy, to prescribe personnel worked with the workers, the mine under the retail pharmacy system of the strengths for such fiscal year for the pharmacy benefits program of the Depart- workers, the families. We have worked Armed Forces, and for other purposes. ment of Defense) very closely together. This isn’t in any Pending: At the end of subtitle A of title VII, add sense a partisan issue. We have come Warner (for Frist/Reid) amendment No. the following: together. There wasn’t a dissenting 4208, to express the sense of Congress that SEC. 707. TEMPORARY PROHIBITION ON IN- vote here in the U.S. Senate in passing the United States Armed Forces, the intel- CREASE IN COPAYMENTS UNDER RE- this legislation. There were a few votes ligence community, and other agencies, as TAIL PHARMACY SYSTEM OF PHAR- in the House that wanted to have even well as the coalition partners of the United MACY BENEFITS PROGRAM. States and the Iraqi Security Forces should Subsection (a)(6) of section 1074g of title 10, stronger legislation. So we are basi- be commended for their actions that resulted United States Code, as amended by section cally all together and we are asking in the death of Abu Musab al-Zarqawi, the 702(b) of this Act, is further amended by add- ourselves, given the fact we are all to- leader of the al-Qaida in Iraq terrorist orga- ing at the end the following new subpara- gether and given the fact that we have nization and the most wanted terrorist in graph: this extraordinary challenge and prob- Iraq. ‘‘(D) During the period beginning on April lem that is affecting these workers, are The ACTING PRESIDENT pro tem- 1, 2006, and ending on December 31, 2007, the cost sharing requirements established under they not entitled to someone who is pore. Under the previous order, the time until 12:15 p.m. shall be equally this paragraph for pharmaceutical agents going to be an effective leader in terms available through retail pharmacies covered of providing safety. divided between the Senator from Vir- by paragraph (2)(E)(ii) may not exceed ginia, Mr. WARNER, and the Senator I commend the Senator from Wash- amounts as follows: from Michigan, Mr. LEVIN, or their des- ington for making a strong case. We ‘‘(i) In the case of generic agents, $3. ignees. ‘‘(ii) In the case of formulary agents, $9. want to try to have a common position Mrs. MURRAY. Mr. President, I sug- ‘‘(iii) In the case of nonformulary agents, with our colleagues and friends within gest the absence of a quorum. $22.’’. the administration. But this person—if The ACTING PRESIDENT pro tem- Mr. LEVIN. Mr. President, the Presi- we are going to I think meet our re- pore. The clerk will call the roll. dent’s budget proposes that the copays sponsibility to those miners, we have The assistant legislative clerk pro- for prescriptions under the TRICARE to do better. ceeded to call the roll. Prescription Benefit Program be in- I thank my friend from Washington Mr. LEVIN. Mr. President, I ask creased for our troops and their fami- for her excellent presentation. I thank unanimous consent the order for the lies and for retirees, and that the in- her for her conclusions. quorum call be rescinded. crease in the copays be, on the generic The PRESIDING OFFICER (Mr. prescriptions, from $3 to $5; on brand- We are facing a major challenge in SUNUNU). Without objection, it is so or- name prescriptions from $9 to $15. The this Nation about safety in our mines. dered. We have seen the expansion of these Mr. LEVIN. Pursuant to the unani- amendment that Senator LAUTENBERG mines as our energy situation has be- mous consent agreement which we is offering and that I very much sup- come more acute, and now is the time adopted last night, it is my recollec- port would freeze the current copays in to have real implementation. Now is tion that on the Democratic side we place until December 31, 2007. the time to fulfill our commitment to were going to be offering an amend- This is not the time, in the middle of these families and to these workers. ment immediately following the pend- a war, to be raising copays on our military personnel and their families. They Now is the time to honor the memory ing Warner amendment. should not have to worry about wheth- of those who have gone into the mines I stand corrected. Apparently there er their families are going to be able to and who have lost their lives. Now is was an understanding on this, between afford to buy prescription drugs. The the time to help those whose primary myself and Senator WARNER, which was copays that currently exist are not desire is honoring the members of their not incorporated. statutory, so the Department of De- families by passing an effective bill and The PRESIDING OFFICER. An un- fense does not need legislative author- have it implemented effectively. Now derstanding but not a consent agree- ity to increase them. They have their is the time to do that. If we are going ment. authority. The problem is that our bill to do that, this is not the individual Mr. LEVIN. I thank the Presiding Of- is silent on this subject so they would who is equipped to be able to do it. He ficer. Pursuant to that understanding, then, I ask unanimous consent that the be increasing the copay because there is a fine gentleman, and I admire the is no prohibition in our bill on their fact he and his family have been min- pending Warner amendment be temporarily laid aside so I can offer an doing so. ers. But you have to look at the record: amendment on behalf of Senator LAU- About 43 percent of the prescriptions Whether he has been running the mines TENBERG. filled through the TRICARE pharmacy and overseeing the mines effectively. The PRESIDING OFFICER. Without benefits program are filled in retail In testifying, by nature of disposition, objection, it is so ordered. pharmacies. The increase which the ad- he is not the man to implement this, The Senator is recognized. ministration proposes would signifi- and we should reject his nomination. AMENDMENT NO. 4205 cantly increase beneficiary cost shares The ACTING PRESIDENT pro tem- Mr. LEVIN. Mr. President, I call up for medical care. Of course, the fear is pore. The minority time has expired. amendment No. 4205, an amendment on not only that it would be additional

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.012 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5741 money coming out of the pockets of I would simply ask unanimous con- But it was a pretty well-guarded se- our troops and their families, but also sent that at the conclusion of the de- cret. Of the two places I spent most of this increase would discourage bene- bate or the disposition of this amend- my time, this one was where al- ficiaries from using their military ment, that I be recognized to offer an- Zarqawi was actually killed, just a cou- health care benefit. other amendment at that time. ple of miles north of Balad Air Force The Department of Defense has esti- The PRESIDING OFFICER. Without Base and then in Baghdad. mated that the copayments would cre- objection, it is so ordered. It was such an incredible thing to be ate additional revenue of $81 million in Mr. WARNER. I say to my distin- there after it happened and to talk to fiscal year 2007. They also believe bene- guished colleague, it is my hope then the different ministers. Defense Min- ficiaries would not use their military we could alternate from side to side, so ister Jasim is the new Defense Min- pharmacy benefits to the same extent we could consider your amendment ister, and he had a lot of things to say. and that would mean that there would which would follow the third amend- In fact, he asked me to bring back this be savings to the Government of $54 ment, which I will put on. message for the American people. I am million and there would also be some Mr. LEVIN. I appreciate that. That is going to read this, because this came savings if beneficiaries switch to mail fine with us. just a few hours ago from Defense Min- order rather than retail pharmacies. Mr. President, I suggest the absence ister Jasim to me to take to the Amer- I don’t think we ought to be assum- of a quorum and ask the time be equal- ican people. He said: ing savings or counting on savings ly divided. Tell them their sacrifice is for a very noble coming out of the pockets of our troops The PRESIDING OFFICER. Without cause, they have given freedom to 26 million and their families while we are at war. objection, the time allotted to the people. I believe they are waging a just war I think it is a totally inappropriate quorum call will be equally divided. for humanity. The terrorism must be stopped time to do so, so I support the Lauten- The clerk will call the roll. or it will spread all over the world, like a berg amendment. For a soldier in com- The legislative clerk proceeded to carbon copy of fascism and communism. This bat, under these circumstances, the call the roll. is the first world war of the 21st century. The Mr. BROWNBACK. Mr. President, I American victims have borne the price of a circumstances that exist these days, to freer world . . . We are very grateful . . . The have a worry that a spouse or children ask unanimous consent that the order war in Iraq is a just war and we have no op- would not get needed prescriptions be- for the quorum call be rescinded. tion but victory. It is not a war that affects cause of the administration’s desire to The PRESIDING OFFICER. Without Iraq alone, but is truly a world war. save some money is simply unconscion- objection, it is so ordered. The terrorists are a sickness that must be able. (The remarks of Mr. BROWNBACK are eliminated . . . There is great trans- The Senate bill directs a Comptroller printed in today’s RECORD under formation taking place in Iraq but the inter- General study of the DOD pharmacy ‘‘Morning Business.’’) national media does not focus on positive benefit program to examine the cost Mr. BROWNBACK. I yield the floor. things happening. They only focus on the The Senator from Virginia. negative, the bad things happening . . . what and copayments structure of the pro- the terrorists are doing . . . they will publish gram. We clearly ought to await that Mr. WARNER. Mr. President, I yield anything bad . . . They try to say Americans before we allow these copays to be in- such time as the distinguished Senator are leading the way and we the Iraqis are in creased as the administration budget from Oklahoma may require. He will be the back. This is the opposite. We are in the proposes. speaking with regard to a very impor- front and Americans are in the back. I see my dear friend and colleague, tant trip to Iraq. It bears directly on We started with the multi-national forces Senator WARNER, our chairman, on the the pending measure; that is, a resolu- in front and us at back. Then we worked side floor now. We had an understanding tion on the success of our military in by side as very good partners. Now we are eliminating al-Zarqawi. often in front and the multinational forces that we would lay down this amend- are in a supporting role. ment this morning, that I would lay it I yield to the Senator such time as he Your presence here is very important. down on behalf of Senator LAUTENBERG desires. From the beginning to now, we have always and speak briefly in support of it, and Mr. INHOFE. Mr. President, I thank had an American partner. I am sad when my that after the disposition of the chair- the Senator from Virginia, the chair- American partner leaves me. But, when he man’s amendment, which is a bipar- man of the Senate Armed Services leaves and returns to the U.S. I feel we have tisan amendment, we would then come Committee, and also for the great job a voice going back to America. I fell in love back to the Lautenberg amendment he has done in bringing this Defense with the American people. and at that point there would be addi- authorization bill to the floor. That is Abdul Jasim, who is the tional debate—Senator LAUTENBERG Mr. President, on early Thursday newly confirmed Minister of Defense. would speak in support of his amend- morning, about 5:30, my radio alarm He said so many other things when we ment and any others who wish to de- went off and I heard the three words— were there that I would like to share, bate it would have an opportunity at al-Zarqawi is dead. I think that af- but it is very difficult to do that be- that time. fected me by just hearing that. I sat up cause he was so emotional at the time. We thought, given our understanding in bed, and I thought it did work. It is Well, this happened to be my 11th last night, we would lay this amend- happening. I told the distinguished trip over to the Iraq AOR, and I have ment down at this time. I have just chairman of the Senate Armed Serv- been watching, as the months have done so. ices Committee that I have to go to gone by—every other month or so The PRESIDING OFFICER. The Sen- Iraq. being over there—and seeing the dif- ator from Virginia. The two most significant things that ferences, seeing the changes that are Mr. WARNER. Mr. President, the dis- have happened in Iraq since bringing taking place. tinguished ranking member, my good down Saddam Hussein happened on the Just to give you an example, one of friend, the Senator from Michigan, is same date, coincidentally. It is just re- the tests we use to determine how correct. We laid down an amendment markable: first of all, bringing down al- strong the Iraqi people are supporting on this side under the understanding Zarqawi, the monster, and at the same us is the number of qualified tips that this is the amendment that he selected time confirming the ministers in Iraq. come in. The way they come in is to be laid down. I am just wondering if We thought that would be a long, en- where someone says, for example: we can try to get some idea of the mag- during battle. It sailed through, and it There is a safe house over here. We sus- nitude of the debate? I am not able to happened on the same day. pect something. These are Iraqi people assess it on my side. I judge you are I can’t tell you what a profound ef- saying where the terrorists are. And not. So we have some understanding of fect it had on the people of Iraq and on those numbers of tips have increased the time that is likely to be consumed our troops over there. And now we find tenfold in the last 12 months. I can rein the debate—this is an important out about the surprise visit by the member when there were only 30 or 40 amendment—we will work on that to- President. I figured out that our planes tips a month. There are now 5,000 tips gether, in hopes we can get some time crossed on the way. I was coming back a month, and they are qualified tips. agreement and therefore we can then from Iraq and he was going to Iraq. If Some of these tips led to not just move on to other amendments. I had known that, I would have stayed. bringing down al-Zarqawi but also

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.014 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5742 CONGRESSIONAL RECORD — SENATE June 13, 2006 some 17 others on the same day. So up in Fallujah back when the last elec- as al-Qaida’s commander in Iraq. these things are going on. These things tion took place, and I was there when Osama bin Laden called him the are happening. the Iraqi security forces actually were ‘‘Prince.’’ I think most people consid- As to the quality of the Iraqi secu- doing their thing, voting. They were ered him, if anything, to have been rity forces, I think Minister of Defense taking their lives in their own hands even worse than Osama bin Laden. So Jasim is right. He sees that our media by doing it because this is Fallujah, that was a great change. That was a is not accurately reporting what is one of the most dangerous areas over great victory for the coalition forces, going on over there. How many people there. but, more importantly, it was a victory in America know that as of the current They came back very proud. No one for the Iraqi people. time, 75 percent of the special oper- was killed while they were trying to do So with these things happening—and ations by Iraqis are actually led by it. They came back and said: We are you look at the good side that you do Iraqis, not by Americans? We are lead- participating in an election. That was not get sometimes in the media—there ing 25 percent. I remember when it was during the last election. Now everyone are 18 provinces in Iraq, and 15 of them zero percent. Now, they are leading 75 is confirmed. The government is in are relatively secure. There are hardly percent. And 62 of the 112 battalions place. They know what they are doing. any incidents taking place there. Most are at level 2 or level 1. That means And the most recent thing, which you of the problems are in just three of they are capable of going out and fight- may not have heard of because it just them. And keep in mind, these are not ing. That is half of them. happened, is that Dr. Rubaie, the Na- Iraqi terrorists; these are outsiders One of the statistics we got from Dr. tional Security Adviser for the Iraqis, who are coming in. They are having a Rubaie, who is the National Security said he believes that in a matter of a harder and harder time recruiting peo- Adviser—a real sharp guy and one who very short period of time—by the end ple to carry out their terrorist activi- really has his hand on this—says 66 of the year—he will ask our troops to ties. We have found that recently they percent of the hospital beds are occu- leave, except for 100,000. In other are actually changing their homicide pied by Americans and 34 percent by words, we are slowly bringing it down. vests for suicide vests so they can put Iraqis. However, 66 percent of the sur- We have heard in the field a lot of them on individuals and force Iraqis to geries are on Iraqis and 34 percent are things you do not hear when there are go and perform certain acts. And if on Americans. That kind of tells you hearings here in Washington, DC. If they do not do it, they can, remotely, what is happening over there and the you go over there and you talk to the detonate and blow that Iraqi up. change that is taking place. They are people on the ground, talk to the com- So things like that are happening the ones who are doing it. manders on the ground, they have said right now. At the same time, good While we were over in Balad, we had for a long period of time that when we things are happening with the adminis- occasion to learn there were several at- can get to the point where we have 10 tration. The government is in place. I tacks on Iraqis. Some 50 Iraqis were Iraqi divisions of trained and qualified cannot tell you how impressed I was killed last night, and they were killed and equipped Iraqi security forces—10 personally with Dr. Rubaie. I have by the terrorists. Here is the important divisions—then they will be able to known him for a long period of time. thing. Zarqawi was not an Iraqi; he was take care of their own security. Well, And I would say that the Defense Min- Jordanian. Osama bin Laden is not an the number that equates to 10 divisions ister, Abdul Jasim, has already ac- Iraqi; he is Saudi. Now, this new guy, would equal 325,000 trained and knowledged, from the quotes I have al-Muhajer, we don’t know about him. equipped Iraqi troops. Well, we are given, that he is one of our very best friends. He is the one who said al- All we know is he is not an Iraqi. In right now, today, at 264,000 trained and Zarqawi was suffering from the same other words, this is a war being waged equipped Iraqis. by people from outside of Iraq on the Now, some of the adversaries over disease as Hitler and Stalin, and he is Iraqis, and the Iraqi people are very here say they are not really trained to one who is going to finish the job that sensitive to it. They know it. do a good job, they are not really good we helped them with in the beginning. I would say this is a time when good It is interesting, one of the things soldiers. Let me tell you, they are. All things are happening, and we feel very the Minister of Defense said is that a you have to do is talk to our soldiers good about the progress the Iraqi secu- lot of things are American issues, they who train them. Now they train them- rity forces are making, very good are not really issues over there. For ex- selves. about the constitutional government ample, all we talk about in the media Last week, I was over in Afghanistan, that is in place, very good about the here is, well, we have the Shiites and and they are doing a good job of train- new Ministers who have been con- the Sunnis, and they do not like each ing their own troops over there. And firmed now. And we are light-years other. And he said that is not true at that model has worked very well in ahead of where we were only 6 months all. He said: We are Iraqis first, and Iraq. So we are rapidly getting to that ago. then we are Sunnis or Shiites or Kurds point. Will we be out altogether? No, So this, what I have characterized as second. To demonstrate that, there is a we will not be out altogether, but they probably America being in the most structure over there in Baghdad which will be providing their own security. threatened position we have been in in is comparable to our Tomb of the Un- We still have troops in Kosovo and Bos- our history, is now showing that we are known Soldier. We stopped there. They nia and Sinai and other places but not at the core of the terrorist activities, had an honor guard there. The honor providing the security. They will be which is in Iraq. We are now winning. guard had nine people. They had one providing their own security. We are The Iraqi people are winning. So I feel leader and eight others. When I asked getting so close to that point. What very good about that. him the question, through a translator: has happened in just the last few days Let me say to Senator WARNER, the What about the problem that exists be- is very significant. chairman of our committee, I am very tween the Shias and the Sunnis, he So as to al-Zarqawi, there is no one proud of the bill we have put together. said: No, that is not true at all. He who has been a more brutal terrorist I have some amendments, and I will said: I am a Shia. My wife is Sunni. than he has been. He was the No. 1 ter- want to be recognized at the appro- And I have been working on the honor rorist in the world, and he is down now. priate time to bring them up. guard with these people for several Al-Zarqawi was the one responsible for I ask the Senator, do you have other days here at our Unknown Soldier the assassination of our U.S. diplomat, people coming down wanting time event, and I don’t know who they are. Lawrence Foley, in 2002. We all remem- right now? I can’t tell you who one of the eight is ber the horrific things we saw: the be- Mr. WARNER. Mr. President, at the in terms of being a Sunni or a Shia. heading of Nicholas Berg in 2004—that present time the bill is being amended So those are American problems. was al-Zarqawi—the 2005 bombing of by the amendment which you just ad- Those are not things resonating over three hotels in Jordan, the countless dressed, and there is a pending amend- there. And the quality of what they bombings and terrorist attacks against ment offered by the minority. That is have done in terms of being quality sol- U.S. forces and Iraqi civilians. He was the next order of business. This after- diers is something the American people trying to create a sectarian civil war in noon, I think there would be oppor- are not aware of. I had occasion to be Iraq by murdering Shiites and acting tunity for additional amendments.

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.016 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5743 Mr. INHOFE. That would be good. I place at the time various pieces of in- The operation that resulted in the thought maybe I could describe what formation with a precise direction to death of Zarqawi may have eclipsed a amendment would be coming and why. the whereabouts of Zarqawi came into very significant political development, Mr. WARNER. If the Senator so de- the knowledge of the intelligence oper- the appointment of Ministers of De- sires. ators. fense and the Interior, thereby ending But, Mr. President, I first inquire as The death of Zarqawi is certainly a weeks of political debate and com- to the allocation of time on the pend- significant blow to the terrorist net- pleting the formation of Iraq’s first ing measure. work in Iraq, Osama bin Laden’s inter- permanent unity government. The The PRESIDING OFFICER. At this national network, and the al-Qaida or- death of Zarqawi and the appointment time, the majority controls an addi- ganization wherever they lurk in the of these two Ministers are two very sig- tional 11 minutes, the minority con- world today in the shadows of death nificant events in our unrelenting ef- trols 23 minutes. and destruction to the freedom of oth- fort, with the coalition forces, toward a Mr. INHOFE. Mr. President, I yield ers. At Camp David yesterday the free and prosperous Iraq. While Iraq’s the floor. President was very careful to, with a insurgency and its divisions along reli- Mr. WARNER. If the Senator would sense of deep humility, commend the gious lines will not easily recede, the like to take a minute or two, I would men and women of the Armed Forces death of Zarqawi and the complete for- be happy to have you alert the Senate and others who performed this mission, mation of Iraq’s government of na- as to some of the matters you will be but he put the results of the mission in tional unity are reasons for renewed bringing up. the context of the realities of the situ- confidence that 2006 is a period of tran- Mr. INHOFE. No. I say to the distin- ation in Iraq. The press today reports sition in Iraq and that our objectives guished chairman of the Armed Serv- from Camp David the following by the are achievable. ices Committee, this amendment is President: I point that out because a year ago very significant, and I will have ample Zarqawi is dead, but the difficult and nec- when we considered this bill, I, to- opportunity to explain it. Hopefully, essary mission in Iraq continues. We can ex- gether with Senator LEVIN, put in an we can do that this afternoon. pect the terrorists and insurgents to carry amendment which outlined the With that, I yield the floor. on without him. We can expect sectarian vio- progress that had to be made in 2006. The PRESIDING OFFICER. Who lence to continue. Yet the ideology of terror These are chapters toward achieving yields time? has lost one of its most visible and aggres- the goal we stated in that amendment sive leaders. Mr. WARNER. Mr. President, I sug- which was part of our bill last year. gest the absence of a quorum and ask I will have further comments today I yield the floor and suggest the ab- unanimous consent that the time be with regard to that important con- sence of a quorum. charged equally to both sides. ference in Camp David. Zarqawi was The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without the most prominent insurgent in Iraq BURR). The clerk will call the roll. objection, it is so ordered. The time and the most active of any of Bin The bill clerk proceeded to call the will be charged equally. Laden’s affiliates around the globe. roll. The clerk will call the roll. While Bin Laden hides in mountain Mr. WARNER. Mr. President, I ask The bill clerk proceeded to call the caves capable of making occasional unanimous consent that the order for roll. audio tapes, Zarqawi was working to the quorum call be rescinded. Mr. WARNER. Mr. President, I ask trigger a civil war, disrupt the newly The PRESIDING OFFICER. Without unanimous consent that the order for unified democratic process of the new objection, it is so ordered. the quorum call be rescinded. unity Government in Iraq, and then use Mr. WARNER. Mr. President, I see The PRESIDING OFFICER. Without Iraq as a base to launch attacks one of our distinguished colleagues objection, it is so ordered. throughout the region. There is proof seeking recognition for an important Mr. WARNER. Mr. President, I ask of that intent by Zarqawi. This amend- set of comments. unanimous consent that Senator SES- ment proudly salutes the brave and The PRESIDING OFFICER. The Sen- SIONS be added as a cosponsor of professional work of our military ator from Wisconsin. amendment No. 4208. forces as well as the formidable efforts (The remarks of Mr. KOHL are printed The PRESIDING OFFICER. Without of our military, civilian, and allied in- in today’s RECORD under ‘‘Morning objection, it is so ordered. telligence operations for our efforts to Business.’’) Mr. WARNER. I suggest the absence Mr. WARNER. Mr. President, to re- end this brutal reign of terror. of a quorum. turn to the pending amendment offered The operation that resulted in the The PRESIDING OFFICER. The by myself on behalf of the joint leader- death of Zarqawi was not an isolated clerk will call the roll. ship of the Senate, this bipartisan act. It triggered 56 more raids against Without objection, the time will be amendment commends basically the targets connected with Zarqawi’s orga- divided equally. U.S. Armed Forces, the intelligence nization in the 48 hours after his death The bill clerk proceeded to call the community, and other agencies, along as U.S., coalition, and Iraqi forces cap- roll. with coalition partners for the actions italized on this mission by taking ac- Mr. LEVIN. Mr. President, I ask taken on June 7, 2006, that resulted in tion to disrupt other parts of the al- unanimous consent that the order for the death of Zarqawi, the leader of al- Qaida network. This amendment also the quorum call be rescinded. Qaida in Iraq. The military operation commends our coalition partners in The PRESIDING OFFICER. Without that resulted in the death of Zarqawi Iraq’s new government of national objection, it is so ordered. was truly an extraordinarily profes- unity for their invaluable assistance in Mr. LEVIN. Mr. President, I join my sional accomplishment of the combined the operation and their extraordinary colleagues in first thanking the men U.S. and coalition forces and the infra- efforts to secure a free and prosperous and women of our military services structure of intelligence, both civilian Iraq. The amendment closes by most who were responsible for the myriad of and military, that supported the oper- appropriately commending our civilian actions that were taken years ago that ation. It displayed the precision, leadership, from the Commander in led to the ultimate elimination of such perseverence, and professionalism of Chief on down, and military leadership a vicious terrorist as Zarqawi. We also our Armed Forces, supported by a so- for their continuing efforts to elimi- thank the men and women of our mili- phisticated and superb intelligence ap- nate the leadership of al-Qaida in Iraq tary services who are serving multiple paratus that included U.S., Iraqi, and and elsewhere. In all, this was a very tours of duty in arduous and dangerous coalition intelligence organizations. successful joint and combined military locations with great personal sacrifice Behind the details that were made operation. This mission was planned and great disruption in their lives and public so far, I assure all that there and executed by talented and coura- those of their family members. were months of coordinated hard work geous Americans, Iraqis, and coalition The killing of Zarqawi is very wel- by analysts, human intelligence partners. come news. It is not the panacea for operatives, special operations forces, They all had one purpose—to eventu- addressing the extreme levels of vio- and military planners which were in ally make Iraq safe and secure. lence in Iraq or for solving the large

VerDate Aug 31 2005 00:50 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.017 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5744 CONGRESSIONAL RECORD — SENATE June 13, 2006 number of vexing issues—and the Armed Forces for their efforts in Iraq. Bond Feinstein Murkowski President has acknowledged as much— I will support this amendment, as I Boxer Frist Murray Brownback Graham Nelson (FL) but it is an important step and one have supported other amendments and Bunning Grassley Nelson (NE) that will reduce the influence of al- resolutions to commend our military Burns Gregg Obama Qaida in Iraq. He was responsible for a personnel serving overseas for their Burr Hagel Pryor Byrd Harkin number of spectacular terrorist at- service and commitment. I oppose the Reed Cantwell Hatch Reid Carper Hutchison tacks that produced a large number of policy that sent our troops to Iraq, but Roberts Chafee Inhofe casualties and grizzly murders of kid- I stand by our servicemen and service- Salazar Chambliss Inouye nap victims. Zarqawi, while not the women 100 percent. Clinton Isakson Santorum dominant part of the insurgency but a However, I am concerned that the Coburn Jeffords Sarbanes part of it, needed to be attacked and amendment may have unintended con- Cochran Johnson Schumer Sessions needed to be addressed. The insur- sequences. Previous statements that Coleman Kennedy Collins Kerry Shelby gency, however, primarily is made up boast of substantial victories in Iraq Conrad Kohl Smith of disaffected Iraqi Sunnis. Zarqawi have been proven wrong at the cost of Cornyn Kyl Snowe played a role in stirring up ethnic con- American lives. Declaring victory be- Craig Landrieu Specter flict between the Sunnis and the Shi- Crapo Lautenberg Stabenow cause of the elimination of Abu Musab Dayton Leahy Stevens ites. Much of the violence relating to al-Zarqawi could be a costly mistake. I DeMint Levin Sununu that conflict is traced to the reaction agree with the President’s comment on DeWine Lieberman Talent of Shiite militias to the Sunni insur- June 9, 2006, in which he said, ‘‘I don’t Dodd Lincoln Thomas Dole Lott gency and to, of course, their reaction want the American people to think Thune Domenici Lugar Vitter Dorgan to the Shiite militias. Our security that a war is won with the death of one Martinez Voinovich Durbin McCain forces need to confront those militias person.’’ Warner Enzi McConnell Wyden and the other armed groups. Our troops are still facing daily at- Feingold Mikulski I ask unanimous consent that I be al- tacks in Iraq. I thank them for their NOT VOTING—3 lowed to proceed for 1 additional service, and I am particularly proud of minute. the efforts of the West Virginia Na- Ensign Menendez Rockefeller The PRESIDING OFFICER. Without tional Guard in Iraq, Afghanistan, and The amendment (No. 4208) was agreed objection, it is so ordered. many other locations around the to. Mr. LEVIN. Mr. President, there world. Instead of seeking a lofty sound- Mr. WARNER. I move to reconsider needs to be a political solution in addi- ing but largely meaningless resolution the vote and I move to lay that motion tion to the military force which is from the Congress, the President on the table. present. Indeed, probably a more im- should instead be working to send Con- The motion to lay on the table was portant event than the killing of gress a plan to start bringing our agreed to. Zarqawi was the selection by the Prime troops home with the honor and the Mr. WARNER. Mr. President, I am Minister and the ratification by the thanks they have earned from this anxious to consult with the distin- Iraqi Council of Representatives of the grateful Nation. guished ranking member of the com- key ministries, Defense and Interior, The PRESIDING OFFICER. Under mittee here, so, for the moment, I will and the National Security Adviser. the previous order, the hour of 12:15 just ask for a quorum call before I put Those vacancies lasted too long. Their p.m. having arrived, the Senate will in the unanimous consent request. Mr. President, I withdraw that re- filling, hopefully with people who have proceed to a vote on amendment No. quest. the support of all the Iraqi people who 4208. want Iraq to become a nation, is even The PRESIDING OFFICER. Without Mr. LEVIN. I ask for the yeas and objection, it is so ordered. a more important step than the killing nays. of Zarqawi, as important as that step AMENDMENT NO. 4211 The PRESIDING OFFICER. Is there a Mr. WARNER. Mr. President, at this is. sufficient second? As we all support—hopefully unani- time I send to the desk an amendment. There appears to be a sufficient sec- mously—this bipartisan amendment It has been agreed upon between the ond. which is before us, we also need to rec- ranking member and that I would be The PRESIDING OFFICER. The ognize that there is critical work that recognized for the purpose of an question is on agreeing to amendment remains to be done, and while this is a amendment following the disposition No. 4208. step toward, hopefully, a direction of of the Lautenberg amendment. So at Iraqi nationhood, most of the steps re- The clerk will call the roll. this time I send an amendment to the main to be taken. The assistant legislative clerk called desk and ask for its consideration fol- While Senator DURBIN is on the floor, the roll. lowing the disposition of the Lauten- I ask unanimous consent that imme- Mr. McCONNELL. The following Sen- berg amendment. diately after the disposition of the next ator was necessarily absent: The Sen- The PRESIDING OFFICER. Without amendment of Senator WARNER, Sen- ator from Nevada (Mr. ENSIGN). objection, the pending amendment will ator DURBIN then be recognized, as we Further, if present and voting, the be set aside and the clerk will report. are alternating amendments, by my Senator from Nevada (Mr. ENSIGN) The assistant legislative clerk read understanding. would have voted ‘‘yea.’’ as follows: The PRESIDING OFFICER. Is there Mr. DURBIN. I announce that the The Senator from Virginia (Mr. WARNER) objection? Senator from New Jersey (Mr. MENEN- proposes and amendment numbered 4211. Mr. WARNER. Mr. President, I con- DEZ) and the Senator from West Vir- Mr. WARNER. I ask unanimous concur in that recommendation, and it is ginia (Mr. ROCKEFELLER) are nec- sent the reading of the amendment be my hope that I can be a cosponsor on essarily absent. dispensed with. this side of the aisle because the I further announce that, if present The PRESIDING OFFICER. Without amendment is very important. and voting, the Senator from New Jer- objection, it is so ordered. The PRESIDING OFFICER. Without sey (Mr. Menedez) would vote ‘‘yea.’’ The amendment is as follows: objection, it is so ordered. The PRESIDING OFFICER. Are there (Purpose: To name the CVN–78 aircraft AMENDMENT NO. 4208 any other Senators in the Chamber de- carrier the U.S.S. Gerald Ford) Mr. LEVIN. The pending amendment, siring to vote? At the end of subtitle B of title X, add the Mr. President, as I understand it, is the The result was announced—yeas 97, following: amendment of Senator WARNER on be- nays 0, as follows: SEC. 1013. NAMING OF CVN–78 AIRCRAFT CAR- RIER AS THE U.S.S. GERALD FORD. RIST EID half of Senator F , Senator R , [Rollcall Vote No. 168 Leg.] (a) FINDINGS.—Congress makes the fol- and myself. YEAS—97 lowing findings: Mr. WARNER. That is correct. Akaka Allen Bennett (1) Gerald R. Ford has served his country Mr. BYRD. Mr. President, the Senate Alexander Baucus Biden with honor and distinction for the past 64 will vote today to commend the U.S. Allard Bayh Bingaman years, and continues to serve.

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.019 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5745 (2) Gerald R. Ford joined the United States when that request was made, has any- That is the purpose of this unani- Naval Reserve in 1942 and served valiantly at thing in response? mous consent request. sea on the U.S.S. Monterey (CVL–26) during Mr. KENNEDY. Would the Senator be Mr. KENNEDY. Would the Senator World War II, taking part in major oper- kind enough to vitiate the consent? I just defer and offer this maybe when ations in the Pacific, including at Makin Is- had talked to the leader and the con- land, Kwajalein, Truk, Saipan, and the Phil- we come right back in? Let’s just work ippine Sea. cern—reserving the right to object— this out. (3) The U.S.S. Monterey earned 10 battle was if we vitiated this, the administra- Mr. WARNER. Mr. President, the stars, awarded for participation in battle, tion would go ahead and have a recess Senator has the right to object. That while Gerald R. Ford served on the vessel. appointment. We understand we have would do it. I can certainly say that I (4) Gerald R. Ford was first elected to the the signing of the Mine Safety Act on will relay the Senator’s concerns to my House of Representatives in 1948. Thursday. This was a real coming to- leader. If that would suffice for the mo- (5) In the course of 25 years of service in gether, a bipartisan effort. The Presi- ment to allow this unanimous consent the House of Representatives, Gerald R. Ford dent is supporting it. It passed over- distinguished himself by his exemplary agreement to go forward? Would that record for character, decency, and trust- whelmingly in the House. It is a very be sufficient? worthiness. important bill and will make a big dif- Mr. KENNEDY. Yes. I think we will (6) Throughout his service in Congress, ference. It has the support of the fami- be able to work this out. We want to. Gerald R. Ford was an ardent proponent of lies. We have every desire to try to work it strong national defense and international We were at least looking for some op- out. We would just like some assur- leadership by the United States. portunity, if it was going to be the po- ances from the leader that our position (7) From 1965 to 1973, Gerald R. Ford served sition of the administration to go will—— as minority leader of the House of Rep- ahead and recess-appoint it—we wanted Mr. WARNER. I have just been given resentatives, raising the standard for bipar- at least some assurance that we would a note indicating the leader will be tisanship in his tireless fight for freedom, have a chance to have the cloture vote hope, and justice. fully briefed about the concerns of the (8) In 1973, Gerald R. Ford was appointed by prior to the time of the appointment. Senator from Massachusetts. President Nixon to the office of Vice Presi- That is basically what we were looking Mr. BYRD. Will the Senator yield, dent of the United States with the over- at. whoever has the floor? whelming support of Congress. We have no objection to following the Mr. WARNER. Yes, I believe, I say to (9) From 1974 to 1976, Gerald R. Ford served leaders, to vitiate this, but there is the distinguished former leader, I have as the 38th President of the United States, concern that we have vitiating this the floor, but I yield the floor to him. taking office during one of the most chal- particular amendment. We understand Mr. BYRD. I simply thank the very lenging periods in the history of the United even if we do or do not get cloture, the distinguished Senator from Virginia States and restoring the faith of the people President could still have a recess ap- for his response to the request and his of the United States in the office of the President through his steady leadership, pointment. But nonetheless, for those willingness to withhold his unanimous courage, and ultimate integrity. who feel very strongly about this nomi- consent request for the time being. I (10) President Gerald R. Ford helped re- nee, at least at this point we are able thank him. store the prestige of the United States in the to get a vote in one way or the other Mr. WARNER. I propound the unani- world community by working to achieve prior to the time of a recess appoint- mous consent request. peace in the Middle East, preserve de´tente ment. It was that particular position The PRESIDING OFFICER. Is there with the Soviet Union, and set new limits on that we did not want to give up. an objection to the unanimous consent the spread of nuclear weapons. Just so the Senator has some under- request? (11) President Gerald R. Ford served as standing about what we are looking Mr. BYRD. Reserving the right to ob- Commander in Chief of the Armed Forces of for, we want to work with the leader- ject. the United States with great dignity, sup- The PRESIDING OFFICER. The Sen- porting a strong Navy and a global military ship. As the Senator knows, there is a presence for the United State and honoring constitutional issue whether you can ator from West Virginia reserves the the men and women of the Armed Forces of appoint during the short recess, which right to object. Does he in fact object? the United States. would be the Fourth of July recess. Mr. WARNER. You have my full at- (12) Since leaving the office of President, More often than not it is done in the tention. Gerald R. Ford has been an international August recess, which is well down the Mr. BYRD. I am only reserving the ambassador of American goodwill, a noted road, and we have the pending business right to object. I hope we would have scholar and lecturer, a strong supporter of which is of great importance to this. just a little while to talk about this. I human rights, and a promoter of higher edu- We are glad to work with the leader- am very much opposed to this. But I cation. ship. If we could have the assurances read the tea leaves very well. If the (13) Gerald R. Ford was awarded the Medal of Freedom and the Congressional Gold from the Senator from Virginia that he Senator would just desist for the time Medal in 1999 in recognition of his contribu- understands our position and will make being, please? tion to the Nation. a good-faith effort to at least give us Mr. WARNER. If it is the desire of (14) As President, Gerald R. Ford bore the the opportunity—maybe the leadership the Senator from West Virginia to ob- weight of a constitutional crisis and guided doesn’t want to give us that oppor- ject, I respect that right. The matter the Nation on a path of healing and restored tunity. That is what our position is, will now be put aside, if that is your hope, earning forever the enduring respect those who feel strongly about the desire. and gratitude of the Nation. Stickler nomination. Mr. BYRD. I thank the Senator. (b) NAMING OF CVN–78 AIRCRAFT CARRIER.— The PRESIDING OFFICER. The mi- CVN–78, a nuclear powered aircraft carrier of Mr. WARNER. Mr. President, I say to the Navy, shall be named the U.S.S. Gerald my good friend from Massachusetts nority leader. Ford. and my distinguished colleague from Mr. REID. I am sorry I was not on the floor. I thought we had this all Mr. WARNER. Mr. President, I ask West Virginia, I am not at liberty—I unanimous consent the scheduled re- have no instructions from my leader- worked out. It is my understanding cess today be extended to 3:30 p.m., fur- ship beyond propounding this. It was there are people who want to go for- ther that the cloture vote on the nomi- my understanding it was cleared on ward with the cloture vote, is that nation of Richard Stickler be vitiated both sides. I assumed that when it was right? Because either we do the cloture and at 3:30 p.m. the Senate proceed to handed to me, and therefore I pro- vote at 3:30 or we take it off. The ma- the immediate consideration of the ceeded to request by unanimous con- jority leader has told me that we take conference report to accompany H.R. sent these actions. it off and he has the ability to reset it 4939, the emergency supplemental ap- I think Members are anxious to go to at any time he chooses or we have the propriations bill. a series of events now, namely the vote at 3:30. It is as simple as that. Mr. BYRD. Reserving the right to ob- party caucuses, followed by the tradi- Mr. KENNEDY. If the Senator will ject. tional photograph, and then there is a yield, what we were looking for is The PRESIDING OFFICER. The Sen- briefing at 2:30 by the Secretaries of that—we are glad to take it off. But we ator from West Virginia. State and Defense, which I believe is were hopeful, if it was going to be the Mr. BYRD. I wonder if my friend very important for Senators to have desire to go ahead with a recess ap- from Massachusetts, who was engaged the opportunity to attend. pointment, whenever that was, we at

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.006 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5746 CONGRESSIONAL RECORD — SENATE June 13, 2006 least have an opportunity to have this we should go ahead with that schedule, Mr. KENNEDY. To this body prior to vote sometime in the future. If they which was to vitiate this vote, but we the recess appointment? are not going to have the recess ap- got wound up somehow in recess ap- Mr. FRIST. Prior. That is the under- pointment, this disappears. But I hope pointments the majority leader and I standing. And the discussion was—I we would have that opportunity at the have never talked about. As I said to have had absolutely no conversations present time. I do not think that is an the floor and to the distinguished Sen- with the administration about a recess unreasonable request, if it is the desire ator from Massachusetts, he has not appointment—— of the administration to move ahead spoken to anybody about a recess ap- Mr. KENNEDY. Right. with this nominee with a recess appointment. Mr. FRIST. But if there were to be pointment, that at least we come back I ask the Senator from Massachu- such a recess appointment, that then to where we are now and would have setts and the Senator from West Vir- this vote could come back, would come some opportunity to express ourselves. ginia: Do we go ahead with the sched- back at that time. We would be giving that up if we just ule as we have it laid out, that at 2:30 The PRESIDING OFFICER. Is there vitiate the whole thing. He could say p.m. we start the vote on Stickler, and objection? we are going to go ahead and he is those who want to be here for the de- Mr. KENNEDY. I thank the leader. going to appoint him as a recess ap- bate on Stickler could do that, and We are going to have a very important pointment during the July break or those who want to go to the Rice- Thursday signing of the Mine Safety sometime in the August break. That is Rumsfeld hearing can do that? Act. It is a reflection of the good work the dilemma that we are in. Mr. KENNEDY. That is satisfactory. of our chairman, Senator ENZI, and Mr. REID. I have spoken to the ma- Mr. REID. There is no unanimous many others on our Human Resources jority leader. I hate to be speaking for consent request that we come here at Committee. It is very good legislation, him here, but he is not here. The ma- 2:30 to start the debate on Stickler, and passed by the House of Representa- jority leader said he has not spoken to there will be a vote at 3:30. tives, and to be signed by the Presi- anybody about a recess appointment. The PRESIDING OFFICER. Does the dent. It is going to be enormously im- He doesn’t know if they have any in- Senator from Virginia withdraw his portant. We look forward to that and tention of doing that. He doesn’t know. unanimous consent request? hopefully to its effective enforcement. But he doesn’t want to be constrained, Mr. WARNER. No. Leave the unani- I thank the leader. so it would be my suggestion we just go mous consent request there. I under- The PRESIDING OFFICER. If there ahead at 3:30, then, because doing any- stand there is objection. is no objection, without objection, it is thing other than that I think puts the The PRESIDING OFFICER. Is there so ordered. majority leader in a real bind. I am objection to the unanimous consent re- Mr. ENZI. Mr. President, I rise today willing to put him in a bind but not for quest? to voice my support for the nomination anything that is my cause. Mr. KENNEDY. I object. of Richard M. Stickler to be the Assist- I suggest we withdraw the unanimous The PRESIDING OFFICER. The Sen- ant Secretary of Labor for Mine Safety consent request and go ahead with a ator from Massachusetts objects. and Health. Mr. Stickler’s nomination was referred to the Committee on vote at 3:30, if people are demanding f there be some conditions on taking Health, Education, Labor, and Pen- RECESS away the vote. The unanimous consent sions. On March 8 of this year, the request, as I understand it, is that the The PRESIDING OFFICER. Under committee reported the nomination fa- vote would be vitiated and the leader the previous order, the Senate will vorably out of the committee. would reset that vote at any time he stand in recess until 2:30 p.m. The Senate acted just 2 weeks ago on chose fit. Certainly the distinguished Thereupon, the Senate, at 1:03 p.m., mine safety legislation which the Senators from West Virginia and Mas- recessed until 2:32 p.m., and reassem- House passed on Wednesday. It is an- sachusetts can talk to the majority bled when called to order by the Pre- ticipated that the President will sign leader, if they want to do that, fol- siding Officer (Mr. VOINOVICH). this into law expeditiously. It is ex- lowing the vote being vitiated. The PRESIDING OFFICER. The ma- tremely important for the Mine Safety But unless there is an agreement on jority leader is recognized. and Health Administration to have per- this unanimous consent request, basi- f manent leadership to implement this important mine safety law; therefore, I cally that the vote scheduled for 3:30 ORDER OF PROCEDURE today be vitiated and we go to the con- urge my colleagues to vote in favor of ference report on the emergency sup- Mr. FRIST. Mr. President, I ask Mr. Stickler’s nomination today. plemental—if that is not the agree- unanimous consent that the scheduled Despite decades of improving safety ment, then I assume we would go to recess today be extended until 3:30 in our Nation’s mines, this year we the vote at 3:30 and go to the supple- p.m.; further that the cloture vote on witnessed a series of tragic accidents in mental at some later time. the nomination of Richard Stickler be the coal mines of West Virginia and Mr. WARNER. Mr. President, it vitiated and that at 3:30 p.m. the Sen- Kentucky. Those tragedies, in part, led seems to me that we could have the ate proceed to the immediate consider- to a thorough review of our mine safe- certainty, then, if the vote is to be ation of the conference report to ac- ty laws. The Senate Health, Education, held, that we could go immediately fol- company H.R. 4939, the emergency sup- Labor, and Pensions Committee, which lowing the vote to the supplemental. plemental appropriations bill. I am privileged to chair, and the Sub- Mr. REID. That was discussed. I am The PRESIDING OFFICER. Is there committee on Employment and Work- not ready to do that. objection? place Safety, chaired by Senator JOHN- Mr. WARNER. Then I think for the Mr. KENNEDY. Mr. President, re- NY ISAKSON, conducted extensive hear- moment that we are confronted with serving the right to object, I thought ings and roundtables on the issues re- the parliamentary situation whereby we talked with the leader about a proc- lated to mine safety. We conducted an there is objection. ess and a procedure, of which the lead- exhaustive review of the current Mine Mr. REID. I ask the Chair, what time er was agreeable, that we would have a Safety and Health Act and met, at is the vote set for? chance—if there is going to be a recess length, with representatives from the The PRESIDING OFFICER. The vote appointment—that we would have an mining industry, labor, the profes- is set for 2:30, with an hour of debate. opportunity to go ahead and have a sional safety community and State and Mr. REID. The reason that is very cloture vote prior to that time. Federal regulators, all in an effort to awkward is because we have Secretary Mr. FRIST. Mr. President, the dis- determine how we could act in a re- Rumsfeld and Secretary Rice coming cussion among the Democratic leader- sponsible and constructive way to im- here, and to have a knock-down, drag- ship and Republican leadership was, in- prove workplace safety for our Nation’s out debate on this at this time doesn’t deed, that we vitiate the vote today miners. The result of these collective seem to be very good for the body be- and that at a time that is mutually efforts was the Mine Improvement and cause it is reported that the President agreed upon this vote will come back New Emergency Response Act. The is on the way back from Iraq. I think to this body. MINER Act is the first comprehensive

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.035 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5747 reform of U.S. mine safety laws in a seen over the course of the last several Fact: Mr. Stickler supports the changes generation. Following its introduction, months, mine rescue teams are a criti- made by the MINER Act. the MINER Act was unanimously re- cally important component of mine Argument: Stickler was a mining company executive. ported out of the HELP Committee safety. The heroic miners who volun- Fact: Richard Stickler grew up in West and, almost immediately thereafter, teer for this service endanger their own Virginia as the son and grandson of under- was passed in this body by unanimous lives and donate significant amounts of ground coal miners. He is only the third consent on May 24. The House passed time to ensure they are prepared to presidential nominee to head MSHA to have this bill on Wednesday night. It is ex- help their fellow miners. The MINER worked as a rank and file miner. pected that the President will sign the Act, which passed the Senate unani- Fact: Richard Stickler worked his way bill into law very soon. through college to become an engineer. He mously 2 weeks ago, mandates some continued working his way up the ladder to What has marked the MINER Act changes to the mine rescue team sys- mine manager. He never worked at corporate from the outset has been its bipartisan tem. Namely, we require mine rescue headquarters. nature. The bill was drafted and moved team members to have a higher level of Fact: Richard Stickler left employment in through Congress as the direct result training and experience and to be the private sector to become Director of the of continual efforts, on both sides, to available more quickly when needed. I Pennsylvania Bureau of Deep Mine Safety, reach across the aisle and reconcile dif- believe there could be no one better to where he served for six years. He has been references. The passage of the MINER tired since 2003 and has no current ties to in- implement these changes than a former dustry. Act has shown that ensuring the safety mine rescue team captain. Argument: Mines managed by Stickler had of miners is not a partisan issue. In 1997, Richard Stickler left employ- injury rates double the national average. While amending the Mine Safety Act ment in the private sector to become Fact: Richard Stickler was a hands-on is an important step in meeting our re- director of the Pennsylvania Bureau of manager committed to safety. All of the sponsibility to ensure miner safety, it Deep Mine Safety, where he served for mines he managed for Beth Energy Corpora- is not the only step. We must not only 6 years. He held that position at the tion had lower injury rates when he left than give the Mine Safety and Health Ad- when he began managing the mine. time of the Quecreek mine accident in Fact: Data from both MSHA and the Penn- ministration the statutory tools it the summer of 2002. The accident drew sylvania Bureau of Deep Mine Safety (PA needs to get the job done; we must give national attention as nine miners were BDMS) show that injury rates declined it the permanent leadership it needs as trapped underground for several days steadily during Richard Stickler’s tenure as well. This, too, should be an action in before being successfully rescued. Director of the PA BDMS from 1997–2003. which partisanship should play no part. The Mine Safety and Health Admin- During the last 3 years of his service (2001– The Mine Safety and Health Adminis- istration is facing its most significant 2003), the injury rate for underground coal tration has been without a permanent, mines was below the national average. challenge in decades. It needs an expe- Argument: A grand jury determined that Senate-confirmed, Assistant Secretary rienced leader at its helm to imple- the PA BDMS should have noticed problems for Mine Safety and Health since No- ment the MINER Act and to continue with mine maps earlier. vember of 2004. This is too long under the vital task of ensuring the safety Fact: The grand jury found no evidence of any circumstance but particularly in and well-being of our Nation’s miners. reckless conduct and made no finding with the wake of the recent coal mining I urge my colleagues to support the regard to negligence by the PA BDMS. The tragedies, and on the eve of imple- nomination of Richard Stickler and faulty mine map that was found to have menting the many changes that will caused the accident at Quecreek carried the vote in favor of his nomination. certification of a qualified engineer as re- result from enactment of the MINER I ask unanimous consent to have quired. Likewise, the report of the Office of Act. printed in the RECORD additional mate- Inspector General made no negative findings We have the opportunity today to ad- rials regarding the nomination. with respect to PA BDMS or Richard Stick- dress this issue and to provide MSHA There being no objection, the mate- ler. with the permanent leadership it needs rial was ordered to be printed in the Fact: Investigations into tragic mine acci- by voting to confirm Richard M. Stick- RECORD, as follows: dents like Quecreek always provide an opportunity for viewing an accident with 20/20 ler, the President’s nominee to head ARGUMENTS AND THE FACTS ABOUT RICHARD hindsight. Improvements in mine map MSHA. Mr. Stickler is an experienced STICKLER records were a direct result of the Quecreek nominee whose leadership is needed Argument: Stickler Opposed the MINER experience. during this critically important period. Act. Argument: Stickler believes existing mine He is one of a very few individuals who Fact: Mr. Stickler has NEVER stated that laws are sufficient. has experience in mining at all levels he opposes the MINER Act. In fact he SUP- Fact: Richard Stickler testified that the PORTS the MINER Act and has stated that from a miner to management to State Mine Act provided sufficient tools for en- he would expeditiously implement its provi- forcement, but that tough enforcement regulator. sions. Born and raised in West Virginia the measures allowed under the Act should be Fact: When he testified before the HELP used more often against mine operators who son and grandson of underground coal Committee the bill had not even been intro- only comply with standards when MSHA in- miners, Mr. Stickler has spent his en- duced yet. No Senator who made this allega- spectors are on site or against operators who tire 37-seven year career in the mining tion this morning has ever asked Mr. Stick- appear to view MSHA penalties as just a cost industry. He began his career as an un- ler if he opposed the MINER Act. If they had of doing business. derground miner and worked his way bothered to do so, as I have, they would have Fact: Richard Stickler also testified that up to foreman, assistant super- learned that he supports the bill, as does he supported increased minimum and max- President Bush who nominated him. intendent, superintendent and man- imum penalties, unwarrantable failure or- Argument: Stickler does not believe any ders, and would not hesitate to invoke ‘‘pat- ager. The bulk of this experience was changes to the Mine Safety and Health Act tern’’ provision for recalcitrant operators not behind a desk but was under- are necessary. having repeat serious violations. ground, actually working in a mining Fact: In the committee testimony he is on Argument: Stickler does not have the ex- environment. Because of this practical, record as supporting an additional penalty pertise or vision to head MSHA. day-to-day experience, he will be better provision for Flagrant Violators of mine reg- Fact: The President nominated a highly able to understand and respond to the ulations with a new, higher monetary pen- qualified candidate for this important posi- alty of up to $220,000. This is included in the needs of today’s underground coal min- tion. Richard Stickler has nearly 40 years ex- MINER Act. perience in mining. He worked underground. ers and to provide seasoned leadership Fact: The record shows that he also stated He was an eye witness to the awful tragedy at MSHA. support for storing additional supplies of of the Farmington Mine accident that gave While working as a miner, Mr. Stick- breathable air in mine exit ways to assist rise to the 1969 mine safety laws. He served ler also attended Fairmont State Col- miners in escaping in the event of a fire or as captain of a mine rescue team. He was a lege and earned a degree in engineer- explosion. This change would also be re- mine superintendent and manager. He is a ing. In addition to his engineering quired by the MINER Act. It is a safety pre- trained engineer. He served as the chief en- background, he is certified as a mine caution that Mr. Stickler instituted in the forcement officer for the Commonwealth of safety professional by the Inter- mines he managed many years ago, even Pennsylvania. though it was not required by any law or reg- Fact: Richard Stickler has a clear agenda national Society of Mine Safety Pro- ulation. for moving MSHA forward. fessionals. Fact: His record testimony also reveals un- (1) Learn the lessons from Sago, Aracoma, Mr. Stickler also served as captain of qualified support for the use of any and all and Darby. Follow through on the investiga- a mine rescue team. As we have all technology that would make miners safer. tions and internal reviews.

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.007 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5748 CONGRESSIONAL RECORD — SENATE June 13, 2006 (2) Review the regulatory agenda. Deter- focused on profits and production, not Time and again, his response to the mine whether items previously dropped on worker safety. In some mines that most pressing questions on mine safety should be reinstated or if new items should he managed, injury rates actually went was that he needed to think about it. be added. up—sometimes far above the national We asked him about how to speed the (3) Use all the tools in the Mine Safety and Health Act, including warrantable failure or- average. adoption and encourage the develop- ders and pattern of violations orders where For example, when he was Senior ment of new mine safety technology. appropriate. Manager at the Eagle’s Nest Mine in We asked him whether he thought (4) Examine the penalty structure. Pen- Van, WV, the injury rate was almost mine rescue teams should be readily alties must be effective incentives for com- three times the national average. available, as required by current law. pliance. While he ran the Marianna Mine from We asked him whether rescue chambers (5) Analyze accident and violations data. 1983 to 1987, the injury rate climbed should be required in every coal mine. Focus technology development, training, and dramatically during his tenure. We asked him whether he would ban enforcement on areas of most frequent acci- In the 8 years leading up to his ap- the use of conveyor belts to ventilate dents. pointment to lead the Pennsylvania (6) Establish goals and performance meas- mines. We asked him whether he would ures. Bureau of Deep Mine Safety, mines he implement MSHA’s rule decreasing die- managed had a total of nearly 3,000 sel fumes in mines. STATEMENT OF RICHARD STICKLER, NOMINEE safety violations. One hundred of the Did he agree with our call to action? FOR ASSISTANT SECRETARY OF LABOR FOR violations were so serious, they re- Did he promise to take concrete steps MINE SAFETY AND HEALTH sulted in MSHA closing part of the to save the lives of coal miners in dan- I fully support the recently passed MINER mine. ger? Not at all. Over and over again in Act and will do my best to expeditiously im- During Mr. Stickler’s tenure as the the hearing, in the midst of the trag- plement it if I am confirmed to be MSHA Ad- head of the Pennsylvania Bureau of edy, he responded only that he needed ministrator. I have never stated that I did Deep Mine Safety, he continued to to ‘‘study,’’ ‘‘analyze,’’ ‘‘review,’’ or not support this legislation. favor mining companies over miner ‘‘reevaluate’’ the situation. I would like to clarify what I stated during safety. He granted waivers and bent my confirmation hearing. I testified that I This heartless performance showed the rules for coal mining companies how out of step he is with this Congress support tough enforcement and that I would over and over again. He created huge make use of the enforcement tools that al- and with mining families in America. ready exist in the statute. I testified that I loopholes in rules designed to prevent Congress has enacted sweeping mine believe penalties must be meaningful determine fires on conveyor belts and to safety legislation that is now on its rents to violating MSHA safety standards, guarantee that miners could reach safe way to the President’s desk. Four and appreciate that the MINER Act raises places to protect themselves from run- States—including West Virginia, Illi- both minimum and maximum penalties. away railcars. nois, Pennsylvania, and Kentucky— Things got so bad in Pennsylvania Mr. KENNEDY. Mr. President, I rise have also passed or are considering during his tenure that one mine inspec- to oppose the nomination of Richard strong new mine safety laws. Yet the tor called Stickler’s special favors for Stickler to be the head of the Mine person the President wants to lead our the coal industry, ‘‘a detriment to safe- Safety and Health Administration. I mine safety agency is content with the ty . . . that would, without a doubt, urge my colleagues to join me in vot- status quo. It is no wonder that Mr. ing no on cloture on this nomination. make the coal industry less safe for two-thirds of its workers.’’ Stickler’s nomination is opposed by There is a safety crisis in our Na- the United Mineworkers of America, tion’s mines. In less than 6 months, 33 He was also in charge when the terrible accident at Quecreek occurred, the Steelworkers and Petrochemical workers have been killed in our coal Atomic Workers, the Boilermakers, the mines—11 more than lost their lives in trapping nine men underground in a flooded mine shaft for more than 3 International Brotherhood of Elec- all of last year. Since Richard Stickler trical Workers, and the AFL–CIO. was nominated to lead MSHA last Sep- days. We all sent our prayers and support to the miners’ families as we The Charleston West Virginia Ga- tember, 53 miners have been killed in zette also opposes this nomination, and mining accidents. watched the rescue operation hour by hour on television. America was horri- urges President Bush to ‘‘find a quali- As a recent front page article in the fied that this could happen. A grand fied MSHA nominee to send before the Wall Street Journal said, there has jury inquiring into that accident con- U.S. Senate.’’ been ‘‘an alarming upswing in coal- firmed our suspicions when it found Most importantly, Mr. Stickler’s mining accidents, at a time when the that the system of regulating under- nomination is opposed by the people coal industry is in the midst of a ground coal mines in Pennsylvania, who have the most to lose with a weak boom.’’ Coal profits are skyrocketing, which included Mr. Stickler’s job of mine safety leader—the families of coal but miners are paying the price with protecting miner safety, was ‘‘inad- miners themselves. I have received let- their lives. equate, antiquated, and in need of sig- ters from women in West Virginia, This was brought home to me all too nificant changes.’’ Kentucky, and Alabama, who lost their painfully when I traveled with other That accident was a clarion call for husbands and fathers in mining acci- members of the HELP Committee to the need to dramatically improve mine dents this year—pleading with this West Virginia this winter. We met with safety. The lessons of Quecreek mean Congress to oppose this nomination. the families of the 12 miners killed at that Mr. Stickler, more than anyone, I think Peggy Ware from West Vir- Sago Mine, and we promised to fix this should have known of the need to over- ginia summarizes their thoughts best: broken system. haul our mine safety, and particularly ‘‘I know it is too late for my father and As these grieving families can tell emergency rescue laws. the other miners that have lost their you, their government has let coal In addition to the Quecreek experi- lives this year but we can make it safe miners down. And if we confirm Rich- ence, when Mr. Stickler testified before for all our current miners. Our miners ard Stickler to head the Mine Safety our committee earlier this year, the deserve better leadership than someone and Health Administration, we will be coal mine tragedies in West Virginia who will not be aggressive and someone letting them down again. had just gripped the Nation. Sixteen that doesn’t appear to recognize there Our Nation’s miners and their fami- men had already died in our Nation’s is a problem with our mining industry. lies deserve a strong and visionary coal mines in just 4 weeks. They had This has been one of the deadliest leader to lead the Mine Safety and lost their lives doing their jobs. Their years in mining history. So once again Health Administration during this families were left only with their I ask you to please oppose Mr. Stick- time of turmoil in the mine industry. memories. We owed it to those families ler’s nomination.’’ I will ask that these As his record clearly demonstrates, Mr. to stand with them and demand imme- letters be printed in the RECORD. Stickler is not the man for this critical diate action to prevent more deaths. Our Nation’s miners and their fami- job. He has shown over and over again Yet when we asked Mr. Stickler lies have had enough of the status quo. that safety is his last priority. whether mine safety laws needed re- They deserve someone who is going to He spent the overwhelming part of form, he told us that he ‘‘thinks the fundamentally change course in miner his career as a coal industry executive, laws are generally adequate.’’ safety, not cover for the industry. They

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.010 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5749 deserve someone who will make the cerned that his primary objectives may be force the Mine Act. During his nomination United States once again a leader in solely on compliance and production, not on hearing, Mr. Stickler didn’t even seem to mine safety, instead of a place where miners’ health and safety. Richard Stickler recognize that there are any problems at worked 30 years in numerous management MSHA or within the industry. miners have to rely on safety equip- positions for the coal industry. He was a ment that is 30 years old. They deserve Mr. Stickler seems to have a lack of aware- mining company executive at a subsidiary of ness of the current conditions of the coal in- more than more of the same cuts to Massey Energy in West Virginia, one of the dustry. This lack of awareness bothers me mine safety enforcement, and with- nation’s biggest coal companies. This is not due to the fact we have had so many deadly drawal of safety regulations, instead of the type of person we want to head MSHA. mining accidents since January 2, 2006. My pioneering new safety standards. Con- The Clinton administration was working father was taken away from me in one of gress decided it is time for a change by on a rulemaking proposal to require addi- these deadly accidents. Mr. Stickler offered tional oxygen, a rule that could have saved passing the MINER Act, the most sig- no insights about what he would do if he the lives of our Sago Miners and many other were to become the head of MSHA. This is nificant improvement to mine safety miners who have perished due to an insuffi- law in a generation, and President not the kind of leader we need for MSHA. We cient supply of oxygen in America’s under- need a leader that will assure the health and Bush is expected to sign it into law ground coal mines. This proposal was safety of our miners by being aggressive and this week. We saw unprecedented co- dropped after President George W. Bush took enforcing the Mine Act. office. MSHA has also admitted to knowing operation between industry and labor, Thirty years ago when the Mine Act was since at least 1998, that the previously re- Republicans and Democrats on this leg- passed, Congress said that miners’ health quired one-hour air supply was inadequate to islation because the mandate for action and safety are supposed to be the top prior- allow escape by miners in more than a third ities, and MSHA being responsible with pur- was clear. We had to act to stop the of the nation’s underground coal mines. tragic trend that started with the New At his nomination hearing, Mr. Stickler suing that mission. Mr. Stickler said nothing Year and the disaster at Sago. declined to endorse new mine safety rules, at his confirmation hearing that suggests he The act imposes broad new require- such as those passed in January 2006 by the would serve as an aggressive advocate for ments to protect miners in the event of West Virginia legislature. He failed to recog- miners’ health and safety. Our miners de- nize the inadequacies within MSHA and the serve nothing less. I believe that Mr. Stick- an emergency, and ensures that com- ler is not the right person for the job and munications, oxygen, and rescue teams coal industry. This lack of awareness and concern on behalf of Richard Stickler is ap- thus urge you to oppose his nomination. are in place to help miners survive. I urge you to do this for all the miners’ This new law will usher in a new era palling, especially following one of the deadliest seasons of coal mining in recent his- health and safety. I know it is too late for in mine emergency response. MSHA tory. He offered no insights about what he my father and the other miners that have will be responsible for reviewing mines’ would do if he were to become head of lost their lives this year but we can make it emergency response plans. It will issue MSHA. It is our opinion that Mr. Stickler safe for all our current miners. Our miners regulations to raise the standard for displays no signs of leadership or com- deserve better leadership than someone who seals on abandoned sections of mines to petence in the ability to head MSHA. will not be aggressive and someone that prevent the next Sago or Darby dis- President Bush’s nomination of Richard doesn’t appear to recognize there is a problem with our mining industry. This has been aster, and it must make critical deci- Stickler is characteristic of his pattern in appointing coal industry insiders to serve as one of the deadliest years in mining history. sions about the use of conveyor belts to senior executives to MSHA. Under this ad- So, once again, I ask you to please oppose ventilate mines and refuge chambers. ministration, regulations have been miti- Mr. Stickler’s nomination. These choices will determine the gated in favor of industry, fines have been May God bless you all and your families. state of mine safety for another gen- reduced for mine safety violations, and God bless our miners!!!!!! eration. They will determine whether MSHA’s requirements have not been updated Sincerely, coal miners will live or die the next to keep pace with the advancement of mine PEGGY WARE COHEN. time there is an accident. How can we safety technologies. We conclude that the entrust these critical reforms in the nomination of Richard Stickler would best JUNE 10, 2006. be described by a quote taken from UMWA DEAR SENATORS: As you probably remem- MINER Act to an agency head like President, Cecil Roberts, ‘‘just another fox Richard Stickler who thinks they are ber, our husbands were two of the 13 coal guarding the henhouse’’. miners who were killed in the Jim Walters unnecessary? MSHA is an agency that was developed to Mine No. 5 on September 23, 2001. Since then We owe it to the miners who have protect miners’ health and safety and not to we have spoken out in favor of improving the promote the interests of coal companies. Our died this year and to those who go into health and safety of coal miners. To that nation’s miners deserve an agency staffed those same mines every day to demand end, we thank you for your vote in favor of with executives who would aggressively ad- a leader for MSHA who find solutions, the MINER Act. We hope it will prevent vocate miners’ health and safety. We oppose not someone who can’t even recognize more needless deaths in the coal mine indus- the nomination of Richard Stickler as As- try and will save other coal mining families the problem. sistant Secretary of Labor for Mine Health from the grief we have suffered. Of course, For the sake of the miners and their and Safety. We assert that Mr. Stickler is there is still a lot to do to further miners’ families, I am voting no on cloture on not the right person for the job and urge you safety and health; we continue to serve as this nomination, and I urge my col- to oppose his nomination. Please do not advocates for coal miners. leagues to do the same. allow the government to fail our nation’s I ask unanimous consent that the coal miners as it failed our fallen miners at Today we write to you to voice our serious reservations about President Bush’s nominee aforementioned letters be printed in Sago. Thank you, for Assistant Secretary of MSHA, Richard the RECORD. Stickler. Mr. Stickler has a background in DEBBIE HAMNER, There being no objection, the mate- mine management. From all that he has in- SARA BAILEY. rial was ordered to be printed in the dicated so far in connection with the con- RECORD, as follows: JUNE 11, 2006. firmation process, he will be much more in- JUNE 11, 2006. DEAR SENATOR BYRD AND SENATOR ROCKE- clined to continue Mr. Lauriski’s focus on DEAR SENATOR KENNEDY AND SENATOR FELLER: I first would like to thank you for ‘‘compliance’’ at the expense of Mine Act en- ROCKEFELLER: First, we would like to ex- all the leadership and efforts you have put forcement. In fact, when he had his hearing, press our gratitude to you for your steadfast forth helping to get the Miner Act together which followed the terrible tragedies in West commitment to the Mine Act. We hope that and passed. I admire you for being so con- Virginia in January 2006, Mr. Stickler didn’t passing the Mine Act will aid in preventing cerned about our miners’ safety. These even recognize that there’s any problem at future deaths of miners and save other fami- changes needed made due to the recent trag- MSHA or within the industry. He had no ab- lies from the grief that we have endured be- ic deaths of all our miners. I am the daugh- solutely no new ideas about what should be cause of the Sago Disaster. We would like to ter of Fred G. Ware, Jr. He was one of the done to make MSHA any better. In short, he see additional requirements set forth to pro- miners killed at the Sago Accident. I have showed no leadership at all. tect the health and safety of our nation’s been following closely to make sure changes When Congress passed the Mine Act, it miners and we will continue to serve as ad- are being made. stated unequivocally that miners’ health and vocates for miners. However, I am writing this letter to ex- safety are supposed to be the top priorities. We are profoundly disheartened by Presi- press my concern of President Bush’s nomi- MSHA’s job should be to protect miners. Un- dent Bush’s nomination of Richard Stickler nee for Assistant Secretary of MSHA: Rich- fortunately, Mr. Stickler has said nothing to for Assistant Secretary of Labor for Mine ard Stickler. I know that he has background suggest he would serve as an aggressive ad- Health and Safety. Mr. Stickler is a long- in mine management. My concern is that he vocate for miners’ health and safety. How- time coal executive and because of his con- will yet be another one worried about ‘‘com- ever, miners deserve nothing less. We believe nections with the coal industry, we are con- pliance’’ but not aggressive enough to en- that Mr. Stickler is not the right person for

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.048 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5750 CONGRESSIONAL RECORD — SENATE June 13, 2006 the job and thus urge you to oppose his nom- amendment of the Senate to the bill (H.R. The conference agreement provides a ination. 4939) making emergency supplemental appro- total of $94.519 billion. Of this amount, Thank you, priations for the fiscal year ending Sep- over $70 billion is provided to carry out FREDA SORAH, tember 30, 2006, and for other purposes, hav- the global war on terror and to cover Debord, KY. ing met, have agreed that the House recede WANDA BLEVINS, from its disagreement to the amendment of the expenses of ongoing operations and Tuscaloosa, AL. the Senate and agree to the same with an reconstruction efforts in Iraq and Af- amendment, and the Senate agree to the ghanistan. JUNE 10, 2006. same, signed by a majority of the conferees Title II of the conference agreement DEAR SENATOR KENNEDY AND SENATOR on the part of both Houses. provides $19.338 billion for hurricane- ROCKEFELLER: First, thank you for your (The conference report is printed in related damage and recovery costs. leadership and persistence in bringing the the House proceedings of the RECORD of Title III provides $500 million for agri- MINER Act to reality. We hope it will pre- June 8, 2006.) culture disaster assistance to hurri- vent more needless deaths in the coal mine Mr. LAUTENBERG. I suggest the ab- cane affected areas. Title IV includes industry and will save other coal mining families from the grief we have suffered. Of sence of a quorum. $2.3 billion for influenza pandemic course, there is still a lot to do to further The PRESIDING OFFICER. The preparation and response activities. miners’ safety and health. We will continue clerk will call the roll. Title V provides $1.9 billion for various to serve as advocates for miners, as we have The legislative clerk proceeded to border security initiatives. Title VI in- already traveled to speak on the subject. call the roll. cludes $27.6 million for the Architect of Our most immediate concern today is Mr. LAUTENBERG. Mr. President, I the Capitol to address health and safe- President Bush’s nominee for Assistant Sec- ask unanimous consent that the order ty concerns in the utility tunnels in retary of MSHA: Richard Stickler. Mr. for the quorum call be rescinded. the Capitol complex. Finally, title VII Stickler comes out of a background in mine The PRESIDING OFFICER. Without management. At first I thought this would includes general provisions and tech- objection, it is so ordered. nical corrections. be a good idea, but I fear he will be yet an- (The remarks of Mr. LAUTENBERG are other ‘‘fox’’ charged with minding the hen- This conference agreement is the re- printed in today’s RECORD under house. He will be more likely to pursue sult of hard work and true compromise ‘‘compliance’’ rather than aggressive en- ‘‘Morning Business.’’) between the House and Senate. This Mr. LAUTENBERG. I suggest the ab- forcement of the Mine Act, though enforce- bill provides critically needed funding ment is what’s needed now more than ever. sence of a quorum. The PRESIDING OFFICER. The to our troops in the field and it helps We need someone to stand up for the mining continue the recovery process on the community, not go along with what ever clerk will call the roll. seems to please the companies. The legislative clerk proceeded to gulf coast. The overall funding level At his nomination hearing, Mr. Stickler call the roll. meets the amount requested by the ad- failed to even recognize that there’s any Mr. NELSON of Florida. Mr. Presi- ministration, and I hope this agree- problem at MSHA or within the industry. dent, I ask unanimous consent that the ment will receive bipartisan support in How will he be able to fix and improve some- order for the quorum call be rescinded. the Senate. thing he thinks has no problems. This lack The PRESIDING OFFICER. Without All members have had the oppor- of awareness was startling because his hear- objection, it is so ordered. tunity to review the conference agreeing was held on the heels of the deadliest ment, and I am happy to respond to season of coal mining in recent history. He Mr. NELSON of Florida. Mr. Presi- offered no insights about what he would do if dent, I ask unanimous consent that I any questions Senators may have he were to become the head of MSHA, and he be allowed to speak as in morning busi- about its contents. I do hope we will showed no signs of leadership. ness. not indulge in needless delay and pro- When it passed the Mine Act nearly 30 The PRESIDING OFFICER. Without ceed with some dispatch in the consid- years ago, Congress said that miners’ health objection, it is so ordered. eration and approval of this agreement. and safety are supposed to be the top prior- The Senator from Florida is recog- Mr. President, I yield the floor. ities, and MSHA is charged with pursuing nized. The PRESIDING OFFICER (Mr. MAR- that mission. Mr. Stickler said nothing at (The remarks of Mr. NELSON of Flor- TINEZ). The Senator from Rhode Island. his confirmation hearing that suggests he ida are printed in the RECORD under Mr. REED. Mr. President, I ask unan- would serve as an aggressive advocate for imous consent to speak for up to 10 miners’ health and safety. However, miners ‘‘Morning Business.’’) deserve nothing less. We believe that Mr. Mr. COCHRAN. Mr. President, after a minutes in morning business with re- Stickler is not the right person for the job great deal of hard work by both bodies, spect to a tribute to Senator BYRD and and thus urge you to oppose his nomination. I am pleased that the Senate now has then make another statement with re- Please help us get someone to stand up for us under its consideration the conference spect to the conference report. and many other miners and there families. report to accompany H.R. 4939, the fis- The PRESIDING OFFICER. Without Thank you very much for your time and I cal year 2006 emergency supplemental objection, it is so ordered. hope you consider my suggestion. appropriations bill. (The remarks of Mr. REED are printed Sincerely, Overall, this bill which was requested in today’s RECORD under ‘‘Morning AMBER DAWN HELMS. by the President has two major points Business.’’) f of focus. First, it provides needed fund- Mr. REED. Mr. President, as indi- RECESS ing to replenish the spending accounts cated previously, I would like to make of the Department of Defense, the De- a short statement pertaining to the The PRESIDING OFFICER. The Sen- partment of State, and other agencies supplemental appropriations con- ate stands in recess until 3:30 p.m. and departments of the Government ference report before us. Thereupon, the Senate, at 2:34 p.m., engaged in the global war on terror It is interesting, my colleague from recessed until 3:30 p.m. and reassem- through the remainder of this fiscal Florida spoke about the lessons of Hur- bled when called to order by the Pre- year. Second, this supplemental in- ricane Katrina. One of those lessons is siding Officer (Mr. COLEMAN). cludes critical funding for continued we have to be prepared. In Rhode Is- f efforts to address the damage caused land, we worked with Chairman COCH- by the hurricanes in the Gulf of Mexico RAN, Ranking Member BYRD, and also EMERGENCY SUPPLEMENTAL AP- in 2005. with Senator HARRY REID to incor- PROPRIATIONS ACT FOR DE- The bill was adopted by the Senate porate within the supplemental appro- FENSE, THE GLOBAL WAR ON on May 4, and we began discussions priations bill an appropriation to help TERROR, AND HURRICANE RE- with our colleagues from the other prepare our hurricane barrier in Provi- COVERY, 2006—CONFERENCE RE- body shortly thereafter. A bipartisan dence, RI. I thank the chairman, Sen- PORT majority of the conferees reconciled ator BYRD, and Senator REID for this The PRESIDING OFFICER. The the differences between the two bills effort. clerk will report the conference report. and reached agreement on the con- Unfortunately, this provision did not The legislative clerk read as follows: ference report on June 8. The House ap- survive the conference committee, and The committee of conference on the dis- proved the conference report this we are not able today to tell the people agreeing votes of the two Houses on the morning by a rollcall vote of 351 to 67. of Rhode Island that we are giving

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.013 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5751 them much needed help to strengthen great problem. It tells me part of the us, that we will just print the money the Fox Point hurricane barrier. system is broken. The fact that the ad- and sign the notes and sell them over- The Fox Point hurricane barrier lit- ministration would request such a seas and say, Children and grand- erally is the protection that will pre- large emergency appropriation, and the children, you pay for this because we serve Providence, RI, and the sur- fact that we would pursue it and pass it don’t have the courage to do the hard rounding areas from a devastating hur- tells us that the system of the true ap- work to pay for it. We ought to take ricane. It protects the city. It protects propriations and authorizing process is that criticism and say, Is that really all the key resources there, such as the broken. what we want to be known for? Do we infrastructure. It is right at the head We are in the fourth year—the third- want to be known for not making the of Narragansett Bay. That is where and-a-half year—of a war, and a large hard choices that are necessary to fund Providence sits, and in a hurricane, if portion of what is in this bill has been this war and at the same time not take it roars up that bay, there is not much known in advance that we were going away opportunity from our children to stop it except this barrier. to need it and it should go through the and grandchildren? That is not a per- It was built in the 1960s. It was at regular order. The fact that we take it sonal criticism, but that is a legiti- that time a modern, state-of-the-art outside of the budget caps, the fact mate criticism that the American peo- construction, but the years have inter- that we take it outside of the regular ple ought to be asking. vened. It is no longer a state-of-the-art order when we know we are going to The third thing is there are things in construction. It needs work. It needs spend $60 billion to $70 billion at least this bill that are pure politics in na- the electro-mechanical system control in executing and prosecuting the war ture. Let me just describe one. I with- system replaced. It is one of the few and put it in an emergency supple- drew this amendment on the floor, but major facilities in the country that I mental I think says a lot about our I think the American people ought to think is still operated by its original process that we need to take very seri- understand what is going on. There is electrical components. The barrier em- ously and try to change. over $200 million in this bill for Osprey ploys three 35-foot-high gates that are That is a criticism for the adminis- aircraft, the V–22 that has never proven itself in combat. It has never made electronically operated. This is not tration as well. A lot of the money in the test in battle simulation that says only to keep the water out, but to this is for the National Guard to refur- it is a viable option. Neither the ad- make sure they can still continue to bish and bring things up that we knew ministration nor the Defense Depart- pump water from the rivers that back and in regular order we are going to be ment requested this money, and this up the hurricane barrier. processing in the Defense appropria- money is going to be spent, it is in the Now, most people don’t think Rhode tions bill that is going to be coming be- bill, and this bill is going to pass and Island is the prime target of hurri- fore this body in the next couple of the President is going to sign this bill. canes, but in 1938 and in 1954 we were months. So the excuse to say this is all But we are going to spend money, a dealt devastating blows. In fact, the emergency falls short, because it is quarter of a billion dollars, on this pro- damage from the hurricane in 1938 in not. It is not all emergency. We have gram, not because it was requested by those dollars was $125 million. Today it known all of this money is going to be the Pentagon, not because it was re- would be $1 billion. Hurricane Carol in spent, it should have come through the quested by the administration, but be- 1954 flooded Providence, leaving the regular process, and we really don’t cause it was requested by a business to city under 8 feet of water and destroy- have a good excuse to tell the Amer- ican people why we are not doing that. continue a program that hasn’t proven ing 4,000 houses. itself yet. So we have a need to help the city The second criticism I have of this bill is that the administration re- There has to be some risk to those upgrade these facilities to provide the who don’t perform when they are sup- quested no rescissions whatsoever. kind of improved equipment and im- plying our military with the latest in There is nothing in the Federal Gov- proved performance that will assure us terms of equipment and materials, and ernment that we could trim to help pay that if a hurricane comes—and we all there is not any, if we continue to do it for this emergency bill. That is the as- know that eventually they will come this way. I am not an expert in the De- sumption of the request by the admin- to Rhode Island and to the rest of the fense appropriations process, but I have istration. I want to tell you that is the eastern seaboard—we will be prepared. read what the Defense Subcommittee wrong assumption. Employees who Again, I thank the chairman and oth- has said on this, and I have read what work for the Federal Government, the ers for their work to put the money in, the articles have said on this, and it valuable employees, they know that is and I am disappointed that the money doesn’t meet the test. Yet, we are was taken out. I hope that in the fu- not true. People outside of Washington going to spend it. ture we can find another way in which know that is not true. Constituents all The reason we are going to spend it is we can protect the people of Provi- across this land know that if we had to because there are enough Members in dence, RI, and the whole State of find money and if we could drive things this body that have employment with Rhode Island. to make them more efficient, we could this company throughout the country Mr. President, with that, I once do it. The fact that we are not doing it that the pressure to not fund it is again congratulate Senator BYRD, and is another problem with our process. greater than the pressure to do what is I yield the floor. That is not a criticism of individual right. I believe we ought to ask our- The PRESIDING OFFICER. The Sen- Members of this body; it is a criticism selves about the criticism of that. That ator from Oklahoma. of the process that we find ourselves in is not a way to run the future of this Mr. COBURN. Mr. President, I want and that we are blinded in the forest by country, and it is certainly not a way to congratulate Senator BYRD as well. the trees. to protect the heritage for our children What a wonderful gentleman. What a We ought to be back to regular order, in giving them the opportunity that we gentle spirit, but what a firm voice. We and if we truly have emergencies, we have all experienced in being in the value your service and we appreciate ought to look to say, How can we trim freest and greatest country in the what you can teach us and what you from somewhere else to pay for it? Be- world. have taught us. cause, in effect, this $94.5 billion, my The risk for our country is a risk I also want to thank Chairman COCH- grandchildren, your grandchildren, and that we will lose that heritage of sac- RAN for the hard work that he has done the generation that follows are going rifice today to create opportunity to- on this supplemental bill. He also has to pay for. Nobody that is working morrow. I know I am like a broken put up with a lot of grief from myself today is going to pay for this. We are record to the appropriators, but my and others. The bill is important. I am transmitting the cost to our children heart says that we should create at going to spend a few minutes on things and grandchildren. We are saying that least the same opportunities in the fu- I think the American people ought to we can’t make an effort, or the admin- ture that we have all experienced, and be asking about this bill. istration doesn’t request us to make an to do less than that denies the very The fact that we have the largest effort, or we don’t make an effort to heritage that was given to us. supplemental appropriations bill ever find other areas that are less impor- So I haven’t decided for sure whether to come before this body to me is a tant, lower on the obligation level for I am going to vote for this bill. I know

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.058 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5752 CONGRESSIONAL RECORD — SENATE June 13, 2006 it is important to take care of the crit- from the beginning in Afghanistan—an Tales of waste abound. Our troops de- ical needs in the hurricane area. I have amount said to be sufficient to pros- serve better treatment, as do you, the had two hearings on that, part of my ecute those wars and supply our troops. American people out there. I am subcommittee, the waste, fraud, and Upon passage of this legislation, the pleased that the conference agreement abuse associated with that. But I must total amount appropriated for the war includes $35.6 million for improved emphasize, out of 37 hearings in the in Iraq, including the cost of recon- mine safety and health programs. Federal Financial Management Over- struction, will be $318 billion—$318 bil- Since January of this year there have sight Committee, we found over $200 lion. That is $318 for every minute that been 19 coal mining deaths in the State billion—$200 billion—of waste, fraud, has passed—every minute—$318 for of West Virginia, and another 14 min- and abuse in the last year and 2 every minute since Jesus Christ, praise ing deaths in the States of Kentucky, months. Forty billion dollars of it in the Lord, was born. That is a lot of Alabama, Maryland, and Utah. This Medicaid in terms of false and inappro- money. Mr. President, $318 for every conference report will ensure that an priate payments, $46 billion in Medi- minute that has passed since Jesus adequate number of safety inspectors care, and $16 billion in Medicaid fraud Christ was born 2,000 years ago. That is will be provided for our Nation’s mines in New York City alone. Yet we don’t a staggering figure. And what is even and will expedite the introduction of respond to it. There is no action on it. more unbelievable is that the monthly critical safety equipment into the We had the Pentagon in 2005 pay $6 cost of this war in Iraq, which I have mines. These are critical dollars which opposed from the beginning, has been billion—$6 billion—in performance pay- will begin to fill the gaps, the unac- steadily escalating from $5 billion per ments to contractors who did not meet ceptable gaps at the Federal Mine Safe- month in 2004 to more than $8 billion the performance requirements of their ty Agency. There are too few inspec- contract. Yet we paid it anyway. But per month now. The American people—hey, those tors, there is too much out-of-date we haven’t had a prohibition on that. people who are out there in the prai- safety technology, there are too many I know on the Defense authorization ries, in the Rocky Mountains, in the unprepared rescue teams, and the lit- as we get to that, Senator MCCAIN is lands between Washington, DC, and the any of problems at the Federal Mine going to offer an amendment that I Rocky Mountains—they are all asking: Safety Agency goes on while the lives think is appropriate that we require How on Earth has the monthly cost of of our Nation’s coal miners continue to that portion of the funding of the war the war in Iraq grown so much in just be at risk. that is legitimate to go through the ap- 2 years? The Bush administration an- In the past 5 years at the Mine Safe- propriations process and regular order nounced that major combat operations ty Agency, safety has taken a back will be there. There are certain por- ended in May of 2001. Remember that? seat. At least 217 coal safety inspector tions of that which are unexpected and The banner that we saw on the ship? jobs have been eliminated—wiped out. we will continue to have to do Let me repeat. The Bush administra- The political leadership at MSHA puts supplementals to do that. But I would tion announced that major combat op- protecting miners’ lives on the back remind my colleagues that we are not erations ended in May of 2003. But the burner. going to be measured on what we do costs of the war continue to spiral. We have a moral obligation to make now; we are going to be measured on How can that be? Why? Why? This ad- our coal mines safer. This funding will what is the opportunity for America 10 ministration does not want to answer jump-start the job of protecting our years from now and 15 years from now. these questions. Instead, the adminis- coal miners’ lives and providing some We were sent here to make the hard tration continues to request funds for peace of mind to the coal miners’ fami- choices, and they are not fun. But we these wars—two wars, Afghanistan and lies. I know how those families feel. I are not making the hard choices, be- Iraq. The administration continues to grew up in a coal miner’s home. My cause we are not looking at the pro- request funds for the wars through ad grams that aren’t effective, that aren’t hoc emergency supplemental appro- wife’s father was a coal miner. You are accomplishing the goals and elimi- priations bills. looking at somebody who speaks the nating them to pay for the things that Regrettably, the Congress continues coal miner’s language. I do. Coal mine we think are; we are just ignoring to duck for cover. Since the President safety should not take a back seat to them and paying as we go, except we took us to war in Iraq in 2003, the Con- coal production. Protecting the lives of are not paying as we go. We are asking gress has approved eight different our coal miners has to be job No. 1 in our children and grandchildren to pay. emergency supplemental appropria- the mines. Mr. President, I yield the floor. tions measures to fund the wars—eight. I cannot find the words to adequately The PRESIDING OFFICER. The Sen- None of those measures received the express my heartfelt appreciation for ator from West Virginia. full scrutiny that is required of such the support of Chairman THAD COCHRAN Mr. BYRD. Mr. President, I want to massive expenditures. You know it. I of Mississippi and the other Senate thank the very able Senator who has know it. We know it. Everybody should conferees, particularly Senator SPEC- just spoken for his service to the Na- know it. The President refuses to in- TER and Senator HARKIN, for their co- tion and to this body. I thank the very clude the full costs of these wars in his operation. With this funding and with able chairman of the Senate Appropria- regular budget request. Instead, he the recent approval of the mine safety tions Committee, Senator THAD COCH- sends the Congress emergency requests authorization bill, Congress will have RAN, for all of his meticulous—meticu- with little or no detailed justification. given clear, unmistakable direction to lous—work on this bill. According to the Congressional Budg- the administration. The safety of our The President asked the Congress to et Office, this President has requested coal mines and the brave miners who approve $92.2 billion of emergency $515 billion of emergency spending— work in them must be paramount, up- spending and $2.3 billion to combat yes, you heard me, $515 billion of emer- permost. I will say that once more. The pandemic flu. When the committee gency spending that does not appear in safety of our coal mines and the brave opened its hearings on the supple- the budget. This conference report in- miners, men and women, who work in mental on March 7, I stated my belief cludes language that I authored, urging the coal mines must be paramount. that it is our duty—our duty—to scru- the President to put the full costs of With regard to funding required to tinize the President’s request, not only the wars in his annual budget. This is recover from the gulf coast hurricanes, for what is in it, but also for what is the fifth time the Congress has ap- the chairman of our Senate Appropria- not in it. proved such a provision. tions Committee took the bull by the The conference report that is before My amendment was approved 94 to 0. horns. Under Senator THAD COCHRAN’s us includes $65.7 billion for the Depart- It is time for the President to get the leadership, the Senate added $9.2 bil- ment of Defense to fund the wars—and message. The administration’s failure lion to the President’s budget request there are two of them going on—two to budget for the wars means that nei- to aid the victims of the hurricanes. In wars: the war in Iraq, to which I was ther the White House nor the Congress addition, the Senate added funds to opposed, and I feel I was right, and in is making the tough decisions about meet pressing emergency needs for Afghanistan, which I supported; I sup- how to make the most of public funds drought relief, port security, the secu- port that war, and I supported that war to pay for the ongoing wars. rity of U.S. borders, and much needed

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.060 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5753 medical care for the Nation’s veterans. Fortunately, Chairman GREGG, the for Defense and Homeland Security, Sadly, the President, our President, great Senator from New Hampshire—I the President’s budget will fall $14 bil- threw down the gauntlet and threat- like him. No, he is not a Democrat. lion short of what is needed for domes- ened—yes, threatened—to veto the bill. What difference does that make? I like tic programs, just to keep pace with in- The White House insisted that $14 bil- him. flation. lion of what it called low-priority Fortunately, Chairman GREGG and The President proposes the largest items be dropped from the bill. As a re- our House counterparts agreed—yes, cut to education funding in the 26-year sult, the Republican leadership of the that old boy from the mountains— history of the Education Department, House and Senate sat down with White agreed with me, and we now have 1,500 $2.1 billion or a 4 percent reduction. House staff and agreed to drop from the more Border Patrol agents. We now This is a nonsensical squandering of bill emergency disaster drought relief have 1,500 more Border Patrol agents the future of our children. for our farmers, funding for critical and 581 more immigration investiga- How are we going to compete in the veterans’ medical services, and funding tors and agents, and 1,950 more deten- global marketplace unless our young for increased security at the U.S. ports. tion beds. people have the tools they need? Over $9 billion of critical funding for On May 18, 3 weeks after the Senate Although we have thousands of vet- the victims of the hurricanes—over $9 adopted the comprehensive Gregg-Byrd erans returning from Iraq and Afghani- billion—has been eliminated, including border security amendment, the White stan, the President wants to collect housing assistance, education assist- House sent up its own border security $795 million in new or increased fees ance, and transportation funds. Where package. Rather than following our charged to whom? To our veterans to are our priorities? lead—Senator GREGG and Senator pay for whose health care? Their Instead, this administration has put BYRD—the White House insisted on re- health care. He also proposes $800 mil- its highest priority not on disaster ducing the package for the Department lion of additional fees for the health needs but on massive tax cuts to the of Homeland Security by $728 million— care of military retirees. What a way tune of $254 billion for 2006, tax cuts— that isn’t chicken feed—and narrowing to say thank you to our dedicated yes, hear me, tax cuts at a time when the focus to just the Southwest border. troops. the Nation is at war and spending on While some may view border security The President proposes a level of that war is on the order of $8 billion through a microscope, Chairman JUDD funding for Amtrak that will force it per month. That is like spending $8 for GREGG and I share the view that when into bankruptcy. The logic behind that every minute since Jesus Christ was the border is tightened in one place, decision totally escapes me. With gas born—$8 for every 60 seconds since our the threat will move elsewhere. We prices soaring, why would we want to Lord Jesus Christ was born. should anticipate that inevitable dy- eliminate a major provider of public The administration continues to namic so that our border enforcement transportation? have a huge credibility gap when it agencies will have the tools to effec- At a time when we are facing record comes to homeland security. There is a tively do their jobs when they need energy prices, our President is also continuing drumbeat that another ter- those tools, not 2 or 3 years from now. proposing a $1.4 billion cut in funds for rorist attack is likely. Yet the President requested no funds— Low-Income Home Energy Assistance. Yet once again the administration is no funds, none—for the Coast Guard What a farce. trying to secure the homeland on the and no funds—none—for the northern Despite the fact that the White cheap. border. House continues to raise the specter of The White House insisted that the Just few days ago, 17 alleged terror- another terrorist attack, the President conferees strip away $648 million for ists were apprehended in Toronto, Can- proposes to cut first responder grants port security and $600 million for the ada. This ought to have served as a by 25 percent. The President proposes Coast Guard from the bill. Take it out. wake-up call to all of us that the to cut fire grants by 55 percent. These The administration’s speechwriters and threat to this country is not only on are just more examples of budgeting in the administration’s policywriters our Southwest border but on all of our a closet. seem to be living in different worlds. borders. This week the FBI announced that in How serious is the administration Regrettably, the President had his 2005 this country had the largest in- about port security when the adminis- way in conference. While I appreciate crease in violent crime in 15 years. And tration decides to allow Dubai Ports that we have another $1.2 billion for yet the President proposes to cut World to operate six major U.S. ports border security, I worry that the funds grants for State and local law enforce- before the President, the Vice Presi- are not based on a sound plan for bor- ment by over $1.2 billion. dent, the Secretary of Defense, and the der security. So may I say that while our Presi- Secretary of Homeland Security were In conference, Chairman THAD COCH- dent talks a good game on investing in made aware of the decision? Who is in RAN offered an amendment to establish alternative energy supplies, his budget charge? Who is in charge? What a fi- a limit on discretionary spending for includes only half of the funds nec- asco. fiscal year 2007. He did so to expedite essary to implement the Energy Policy How serious are we about port secu- the consideration of the appropriations Act of 2005. rity when Customs inspects only 5 per- measure through the Senate in the ab- To complicate matters even more, cent of the 11 million containers that sence of a final budget resolution. the President has proposed that the come into the country each year? How Chairman THAD COCHRAN and I share Appropriations Committees approve serious are we about port security the goal of debating in the Senate and $7.4 billion of new user fees and when the Coast Guard inspects only sending to the President 12 individual, changes in mandatory law, most of one-third of foreign ports that trade fiscally responsible appropriations which are not even under the jurisdic- with the United States? Yet at the in- bills. tion of the committees. For example, sistence of the White House—hear me I support setting clear, enforceable the President wants us to approve a now—at the insistence of the White limits on the spending contained in the $1.2 billion increase in the ticket tax House $648 million for port security is appropriations bills. The issue is: At charged airline passengers. At a time eliminated—gone, gone with the wind. what level should we cap spending? when the airlines are already facing fi- With regard to border security, the Chairman THAD COCHRAN presented to nancial difficulties, this is folly, pure administration continues to be a day the conference a deeming resolution folly. If there is one lesson that we late and a dollar short. They opposed that would limit spending to $872.8 bil- should have learned from Hurricane my efforts—this little boy from the lion, the level proposed by the Presi- Katrina, it is that there are con- hills of West Virginia—yes. The admin- dent. sequences to starving Federal agencies. istration continues to be a day late and Once again, the President’s budget FEMA, which performed marvelously a dollar short. They opposed my efforts represents an irresponsible plan that after the Northridge earthquake, the last year to add funds for border secu- trades America’s long-term future for Midwest floods, and the 9/11 attacks, rity. How about that—your security, short-term political gain. If the Con- FEMA was no longer up to the task border security. gress approves the President’s request when Hurricane Katrina hit.

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.061 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5754 CONGRESSIONAL RECORD — SENATE June 13, 2006 After 5 years of starving domestic essential resources for our troops and times and bad, from performing chores agencies, I wonder which other agen- help for hurricane relief. Therefore, I before school as a kid to managing the cies will be the next FEMA. Will it be will support the adoption of the con- cash flow of a modern farming oper- the Coast Guard? Will it be the Food ference report. ation as an adult. These clouds must and Drug Administration’s ability to I yield the floor. have brought great anxiety in their approve safe drugs or the ability of the The PRESIDING OFFICER (Mr. AL- path. Food Safety and Inspection Service to EXANDER). The Senator from Min- But these families would not have to protect food supplies? nesota. wait long to find out what this storm I offered an amendment in conference Mr. COLEMAN. Mr. President, I rise would bring as they sought shelter to modify the amendment offered by to speak about the Emergency Supple- from the tornadoes and from the high Chairman COCHRAN to increase discre- mental Appropriations Act which, as winds as they found cover from the 15 tionary spending for fiscal year 2007. the venerable and esteemed Senator inches of rain that fell in 1 single day. One of the amendments was adopted on from West Virginia stated, provides When the sky cleared, this is the a bipartisan vote of 15–13 to increase critical funding for America’s troops, scene, as shown in this picture, victims spending by $7 billion. money for hurricane recovery, money of the storm found. These are the Sadly, the White House and the for mine safety, while staying within fields, carefully cultivated every year, House majority leader objected to the the $94.5 billion funding level called for that were the lifeblood of family farms. inclusion of the deeming resolution as by the President. These fields, left in utter destruction, a modified by my bipartisan amendment. I am going to support this package. I source of great pride when covered by a The conference report that is before support our troops. I applaud their ef- healthy crop, became a source of great the Senate, therefore, limits total dis- forts. I am a strong proponent of fiscal concern to producers who understood cretionary spending to the President’s responsibility, and I understand and all too well that no amount of hard stingy—too stingy—$872.8 billion re- recognize the tough choices that need- work and careful planning would undue quest. ed to be made in order to put this sup- the damage done to their fields. At this funding level, the Senate will plemental together. But with that said, For many farmers, their worst fears have little choice but to starve Federal a large component of this package is were confirmed. In the sugar sector agencies of the resources they need to disaster assistance. When it comes to alone, revenue was reduced by $60 mil- responsibly meet the needs of the helping our fellow Americans through lion in Minnesota in 2005, thanks to American people. That means rel- a crisis, we need to assist all with this natural disaster. In one county, egating people’s needs to the bottom of equal zeal. crop loss exceeded $52 million and the barrel. The fact is, while this bill offers some farmers were prevented from planting The White House got what it wanted Americans a helping hand, it gives over 90,000 acres, thanks to saturated in this conference report. Less money some others a cold shoulder. While this fields. for the victims of the hurricane, less bill provides needed funding for agri- Yet the real story cannot be told money for drought relief, less money cultural disaster assistance in the gulf through statistics. I have met these for key border security programs, no to producers affected by the hurri- farmers, and I have listened to their money for port security, and a ‘‘cheap canes, it will not send a dime to Min- personal trials endured as a result of Charlie’’ limit on other domestic nesota’s farmers struggling to survive this catastrophic weather. I was up in spending. their own natural disaster. Lake Bronson, MN, up in the northwest The President has just made a sur- The Senate bill contained that help- part of the State, Kittson County. I prise visit to Baghdad. ing hand. Chairman COCHRAN fought think the town has about 180 people. I Let me say that again. Today, a lit- for—and has fought a number of times, was there on some other matters. In a tle while ago, the President made a by the way. And I thank the chairman town of about 180 people, farmers came surprise visit to Baghdad. That is all for all the work he has done and all the from surrounding areas. One hundred right. Supporting our troops is very work he has done on the supplemental farmers showed up to talk about what important. However, I have to ask, and I certainly thank him for his sensi- they have been through, to ask for my when will the President be visiting tivity to the needs of Minnesota pro- help in trying to protect this disaster American ports to determine if they ducers. I served with him when he was assistance relief. are safe? chairman of the Agriculture Com- I looked at the faces of these men When will the President visit Amer- mittee before he became chairman of and women who are hard working—you ican farms that have been devastated the Appropriations Committee. But could just kind of see that strength in by drought? this relief never made it through the their hands and in their faces—and I When will the President meet with conference. It is not in the final bill. turned to one of my staff and said: This our Governors, our mayors, our police I find it incomprehensible, if not irre- is why America won Two World Wars. chiefs to understand why violent crime sponsible, to provide weather-related These are people who have been there is on the rise? disaster assistance for one region of for our country time and again. And When will the President visit our Na- the country while withholding it from they were hurting. tion’s hospitals to learn why health another. At its core, this is an issue Farmers are losing their operations, care in this country is unaffordable? about equity for all regions that are pure and simple. Some of these pro- When will the President visit our Na- suffering. ducers will not be coming back to the tion’s campuses to learn why the cost And to the thousands of Minnesotans fields next year thanks to this storm. of a college education has grown 57 per- whose very livelihood has been jeopard- They are not just losing a business, cent during his administration, while ized and those losing their farms due to many are also losing a family tradi- the level of Pell grants has been frozen last year’s disastrous weather, this bill tion. for 5 years? is nothing short of cruel. The absence America is losing something here. When will he start to look and listen of this piece in the bill is nothing short Thousands of farmers are struggling to to the voices of American citizens who of cruel. figure out how they will make their want a leader for their future here at The images from Minnesota in 2005 cash flow work this year. It is easy for home? speak volumes, surreal images of a us to talk about terrible crop loss num- We now have appropriated $318 bil- mounting storm that almost defies de- bers in black and white figures on a lion for the war in Iraq while America’s scription. Once unleashed, these omi- page, but these numbers do not quite needs go begging. I wonder if the Presi- nous clouds transformed into tornadoes sum up the weight felt by the farmer dent will ever ask himself about the and a devastating downpour. Imagine who is anxiously wringing his ball cap consequences of that choice. looking out your living room window in his hands as he surveys a barren While I have serious reservations and seeing the shadow of this storm, as field and wonders how he will convince about what has been dropped from the shown in this picture, cast on a farm the bank to give him one more season. conference report, the conference re- you have worked all your life to build— It may shock many Americans to port that is before the Senate provides a farm you have seen through good learn these images behind me are not

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It is not like responding to an the millions of dollars in agriculture thank the Senator from Minnesota for earthquake that no one could predict. disaster aid in this emergency supple- his remarks on agricultural disaster We should not hand over to the Presi- mental, none will go to these Min- spending. I agree with him how critical dent the final authority on what de- nesota farmers. this is for his State, and for many oth- serves emergency funding. I traveled to the gulf so see the hurri- ers, including mine. And I was deeply I hope my colleagues will join me in cane damage firsthand in order to fully disappointed that the administration expressing concern about this because understand what my fellow Americans opposed the Senate’s agricultural as- this administration’s approach is going who live far from my Minnesota home sistance proposal that was in our bill. to burden future generations. I don’t are suffering, and I have supported Their letter to us said they opposed think we should hide the true cost of their cause in Congress. I do not know it on principle because the 2002 farm the war from the American public, that any of my colleagues from the bill was designed, when combined with which we do through this supplemental gulf have ventured to my part of the crop insurance, to eliminate the need process. world to witness the dire situation for ad hoc disaster assistance. Unfortu- Communities at home today are sac- going on in places like Kittson Coun- nately, that policy has really harmed rificing because of the cuts that this ty—and, again, in size and scope what us in many of our States. I hope to administration and Congress have im- happened in the gulf is almost incom- work with the Senator from Minnesota posed on the annual budget. If the ad- prehensible—but I urge us not to forget and others to make sure we recognize ministration had to fund the war in the what is happening in other parts of the these disasters that occurred to our ag- annual budget, those cuts at home would be a lot more painful. By funding country. For the farmers impacted, ricultural communities. And I, too, am the war off-budget, Republicans are this is their life, this is what they got. deeply disappointed it is not part of the hiding the true cost of the war and the It is underwater. I invite my fellow supplemental. real tradeoffs that we have to make be- Senators who are interested in meeting Mr. President, I do want to speak for cause of it. I hope the administration these farmers to come to Minnesota. a few minutes this afternoon about will be honest with all of us about how And not just to Minnesota; I think this funding for the war in Iraq and hurri- much this war is costing and the in- same scene would be replayed in North cane recovery and other national prior- vestments that we are being denied at Dakota and South Dakota and prob- ities. home because of the way this adminis- ably replayed in Missouri and other I want to share with my colleagues that I have three real concerns with tration has chosen to fund the war. parts of the country. I believe the administration should the bill. First, really, is that it con- It is true that the suffering in the not have the sole authority to decide tinues the charade we have had that gulf is great. I have seen the tremen- what is worthy of emergency funding this war be funded off-budget. And, sec- dous damage, and I am committed to and what is not because we do have ond, this bill leaves out critical fund- helping. But the burden experienced by emergencies in our backyard as well as ing for areas such as veterans health the farmers I met in places such as overseas. Lake Bronson, MN, is also great. Con- care, port security, and emergency My second concern with this bill is gress should come to the aid of all transportation assistance on the gulf that it leaves out many of the critical Americans who find themselves victim coast. investments we fought to add right of natural disaster and are left in fi- Much of the progress we made on the here on the Senate floor to the supple- nancial peril and economic hardship Senate floor, through many hours of mental. Here in the Senate we worked too great for them to resolve on their debate, was thrown out because of an very well on a bipartisan basis to make own. arbitrary limit that was set by the sure the bill funds priorities such as This is simply a matter of fairness. President that is really going to hurt a veterans health care. I commend Sen- The agricultural disaster aid package lot of our communities. ator COCHRAN for his work in trying to that was included in the Senate version Finally, I want to talk about how get this bill through the Senate and of this emergency supplemental appro- this bill improperly included a budget working with all of us to make sure priations bill—of which I coauthored ceiling that is going to affect every sin- our needs were addressed. But, unfortu- that piece—was fair. It provided assist- gle spending bill and many of the deci- nately, the President set an arbitrary ance to farmers afflicted by natural sions we need to make in the coming limit for the size of this bill and said he disasters regardless of region or the months. I believe the supplemental is wouldn’t sign a bill that cost a penny type of natural disaster. This is a sim- the wrong place to be enacting a budg- more. What happened? The leadership ple matter of fairness. et that was never passed by this entire rolled over, agreed to the President’s What this conference report does is Senate. I want to talk about each of limit, and now that is going to hurt our divide the Nation. If not excluded for these concerns. communities at home. regional reasons, then I suppose we are I will, like all of my colleagues, vote One of the groups of people it is going left with the conclusion that hurri- for this bill in the end because it is im- to hurt the most is America’s veterans. canes are the only true natural disas- portant that we provide the funding for In April, the Senate overwhelmingly ters that deserve congressional atten- our troops to carry out their mission as passed the Murray-Akaka amendment tion. We all know that is false. And we have asked them to do and because, to ensure that our veterans get the taxpayers know better. They deserve of course, it supports the recovery ef- help they need. Our amendment had better. The fact this conference report forts along the gulf coast. broad bipartisan support. We worked does not provide one dollar for Min- My first concern is that the adminis- with Chairman HUTCHISON and others nesota’s farmers is a true injustice. tration keeps trying to fund this war to make this funding emergency spend- I will vote in favor of this emergency outside of the regular budget process. ing. But what happened? That amend- supplemental bill because it provides Instead of including the money our ment was removed from this bill. That critical funding for our troops. That is troops need in the annual budget, they is a huge setback for the men and what it is about. I am going to be there keep sending us supplemental emer- women coming home from the war for that. But I will come to the floor gency requests. This may seem like a today and entering a VA system that is again and again and again to raise the very small issue, but it has two real now overwhelmed and underfunded. issue of disaster assistance for Min- large impacts. First, every dollar we This funding would have allowed us to nesota farmers and others in the re- spend through emergency funding adds provide soldiers returning from Iraq gion. And at every turn I will work to a dollar to our national debt. With and Afghanistan with timely access to move this funding. I will not let this every supplemental, we are burdening the health care they earned. inequity stand. our children and grandchildren with We know today that the VA is facing Mr. President, I yield the floor. more debt. It used to be that emer- funding challenges. In March, the VA

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.071 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5756 CONGRESSIONAL RECORD — SENATE June 13, 2006 themselves told us that they are seeing In Baton Rouge, city leaders are des- Here on the floor we adopted amend- 38 percent more Iraqi war veterans perate for transit assistance to help ments to boost funding for Alzheimer’s than they budgeted for. In fiscal year them serve the thousands of Louisiana research, for cancer research, for low- 2006, the VA expected to provide med- residents now relocated to that city. income energy assistance, for home- ical care to 110,000. That number is now You can’t just add bus service and com- land security, for mine safety, for land rumored to be nearly 170,000. In fact, muter rail services and expect to cover and water conservation, and we added the VA has treated 74,000 Iraq war vet- that cost through the fare box. They funding to help recruit a larger Army erans in the first quarter of this fiscal have to be subsidized, just like transit to ease the burden on all of those who year alone. We are hearing that vet- services across the country. The city of are now serving. Only after those erans have to wait over a year to get Baton Rouge never budgeted for these amendments were adopted was the the specialty care they deserve. Some subsidy costs. That city is struggling budget resolution found to be accept- are waiting over 18 months to get their to provide city services all across the able by the bearest majority in the benefits. We have long waiting lists board. They just can’t tax all of these Senate. with thousands of names on them at new residents. In fact, some of them Since that time, the conference com- our major VA hospitals. Recently, a were left with just the clothes on their mittee has made no progress in reach- VA official actually told us that long backs. I am deeply disappointed that ing a final budget resolution for this waiting lists make care for mental this Congress acquiesced when Presi- year. It is this complete breakdown of health and substance abuse virtually dent Bush chose to ignore all of those the budget process that has now inaccessible. needs and draw a line in the sand say- brought us to this point. I am frustrated that the funding we ing he would veto any bill that exceed- As Members of the Senate are aware, worked to get on the floor of the Sen- ed his request. the budget resolution claims to do ate for our veterans is no longer in the Because of that demand, the con- many things. But the most significant bill that is in front of us. I believe our ference was also required to eliminate thing it does is impose a spending ceil- veterans deserve better, and I hope funding items for the gulf that the ing on the Appropriations Committee. that we address this issue again in the President himself requested. Here is Now that the Congress has failed to near future. why. The President set a limit, and if adopt a conference report on the budg- I also want to take some time to we wanted to fund anything new that et, the decision was made to include a mention other investments that were went beyond that limit, the money provision in this supplemental con- removed from this bill to meet the would have to come out of the invest- ference report we are now considering President’s arbitrary limit. I am the ment he requested. And one of those re- that imposes a new spending ceiling on ranking member of the Transportation- quested items that got eliminated in the appropriations process. Never mind Treasury subcommittee. I can tell my this conference was a $202 million re- that there is no such provision in ei- colleagues that some very important quest for HUD for tenant-based rental ther the House or the Senate bill. funding initiatives were left on the cut- assistance. That funding was intended This emergency supplemental con- ting room floor, initiatives that were to serve some 44,000 families, including ference report now before us includes sorely needed to help the residents of families who had received HUD support one small but extraordinarily meaning- the gulf and to help that region’s econ- prior to Katrina, and homeless fami- ful paragraph that masks the fact that omy recover. Let me give an example. lies. The bill that passed the Senate ex- this Republican Congress has failed to The Senate-passed bill included $200 panded the purpose of this money to in- enact a budget for the U.S. Govern- million in emergency assistance for clude the reconstruction and repair of ment. Worse still, the ceiling that is transit authorities in the gulf region. HUD projects in the afflicted region included in this emergency supple- In prior supplemental appropriations and to provide vouchers for about 4,500 mental bill is not the same one that bills, we have included $2.75 billion for needy citizens in the region, especially was agreed to by the Senate when they the Federal Aid Highway Emergency the disabled and homeless. barely passed a budget resolution 51 to Relief Program, but there is no such That provision received widespread 49. Instead, the ceiling that is included companion program for transit agen- support from numerous national orga- in this conference report is $9 billion cies. So right now the principal transit nizations, such as AARP, the National lower than the level the Senate adopt- agency in the city of New Orleans is Low Income Housing Coalition, Amer- ed, and $7 billion lower than the ceiling operating on funding through a mission ican Association of Homes and Services for fiscal year 2008. The ceiling that is assignment from FEMA. But FEMA for the Aging, and Volunteers of Amer- included in this bill deliberately ig- has made it clear that this funding sup- ica. But all that support didn’t matter nores the amendments that were port is going to expire at the end of when it came to cutting billions of dol- adopted by this Senate back in March. this month. Without any additional lars out of the supplemental. The end So we are basically being presented Federal help, the very limited amount result, the conference report now be- with a spending ceiling that would of bus service that is now being pro- fore the Senate eliminated every penny wipe out the amendments that were vided is going to be severely curtailed. that the President requested and the adopted on the Senate floor and bring In fact, I am told that as a result of the Senate included for that activity. our ceiling right back down to the level $200 million being eliminated during My final concern with this bill is, as recommended in the President’s budg- the conference deliberations on this I said before, it includes a budget ceil- et. The Senate already was presented bill, the New Orleans transit authority ing that is far different from the one with that ceiling in the resolution that is likely to be required to lay off be- that was passed in the Senate. That was reported by the Budget Com- tween 300 and 450 employees. They are budget ceiling is going to tie our hands mittee. But the Senate amended that going to have to cut back their ex- when we work to try to help our com- proposal many times to add about $16 tremely limited service even more. munities. This undermines the work we billion in spending to it, and only then Prior to Katrina, New Orleans had do on the Budget Committee to meet did they find 51 votes to pass it. about 62 separate bus routes. By next America’s needs. I know this was done I am sorry the spending ceiling is month, they may have to cut that back once before, but I am still very con- now included in this bill. I don’t think to 17. New Orleans is desperate to gen- cerned about the precedent we are set- it belongs in an emergency supple- erate the economic activity that is ting. About 12 weeks ago, the Senate mental bill for the war or for the needs going to allow this city to again stand adopted a budget resolution by the nar- of the people who live on the gulf on its own two feet. They need work- rowest of margins, 51 to 49. That budg- coast. ers, including workers who depend on et included more funding than the I do want to acknowledge that Chair- mass transit, to fill all kinds of jobs. President’s request. That is because man COCHRAN notified us that he would Cutting off those transit routes is not from the floor we did our jobs as Sen- seek to add the deeming resolution to going to help that city recover, and ators. We offered a number of amend- the supplemental. The bottom line is throwing bus drivers on an unemploy- ments. Some were accepted; some were that a new appropriations ceiling does ment line is not going to help that city not. Some were added during the floor not belong in this emergency supple- recover. on consideration of the resolution. mental. The Democratic Senators on

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.072 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5757 the Appropriations Committees want They face difficult days ahead. Every- afford bulletproof windows.’’ That is up to enthusiastically support the appro- one in Nevada is grateful for Judge to local government. Certainly, we at priations bills that our committee is Weller’s public service, and we stand the Federal level should do whatever going to produce over the next several with the family during these difficult we can to assist in the administration weeks and months. We want those bills days. of justice all over the country. to pass on a broad bipartisan basis. We I think of the men and women in law I have contacted the county commis- want those bills to address the critical enforcement in Nevada and around this sioner in Washoe County to extend my funding needs of the functions of our country; they are the finest that we support in doing whatever we can do Government, whether it is health re- have. They are the ultimate first re- from here to prevent such tragedies. If search or education or infrastructure sponders. I am confident that they will we can give Federal assistance all investment or agriculture or the needs bring Judge Weller’s attempted assas- around the country, then we should do of our troops. sin to justice and in the process restore that. Certainly, we cannot have things In reality, it is going to be hard peace to the Reno community. People like this taking place. enough to produce appropriations bills are concerned. This happened 24 hours A good place to start would be pass- that are going to get broad bipartisan ago or more. The man has still not ing the court security bill, S. 1968. This support at the levels we adopted back been apprehended. was introduced last year by Senators in March. It is going to be almost im- Judge Weller moved to Nevada in the SPECTER and LEAHY, the chairman and possible to do so if we ignore the early 1980s. He graduated from George- ranking member of the Judiciary Com- amendments adopted on the Senate town School of Law in Washington, DC. mittee. I intend to offer—unless they floor and impose a spending ceiling He was elected to the Reno family do it—the text of that bill as an that was not proposed by the Presi- court a couple years ago. During his amendment to the next amendable bill dent. election, he said he wanted to be a on the Senate floor. So I am very troubled by this bill. It judge because ‘‘you can help a lot of S. 1968 was introduced following a used to do a much better job of meet- people.’’ He was right. Judges do help a wave of violence against judges and ing our priorities at home. But the lot of people. They make decisions that their families in our country. A State President set a limit and the Repub- are very important, but they help us court judge in Atlanta was killed by a lican Congress went along, and I think all by administering justice across the criminal defendant. We also know that that is going to hurt the families that country. family members of a Federal judge in we represent. We were reminded yesterday that Chicago were killed by a deranged liti- I will vote for the emergency supple- sometimes judges need our help, par- gant. In the last 25 years, three Federal mental because our troops need the re- ticularly when it comes to protecting judges have been killed. Now Judge sources to do their jobs and the gulf them from violence. It is an unfortu- Weller, a State judge, has fallen vic- coast needs our help. But I am really nate fact that violence against judges, tim. We are hopeful and confident that deeply disappointed at the missed op- such as we saw in Reno yesterday, is he will pull through. portunities that are represented in this not unique. It happens far too much. The Specter-Leahy bill would im- bill. We can do better, and I hope we Federal judges receive an average of prove protections for both Federal and stop the political games and start de- 700 inappropriate communications or State judges. For State courts like the termining the right direction. Frankly, threats every year. State court judges, Reno Family Court, the bill would au- our troops and our country and our fu- because there are so many more, re- thorize Federal grants to improve secu- ture depend on it. ceive thousands. There is no room in rity. These Federal grants might be I yield the floor. The PRESIDING OFFICER. The our country for violence, but certainly used to strengthen courthouse infra- Democratic leader is recognized. not in our courthouses. That is where structure, such as adding bulletproof Mr. REID. Mr. President, I ask unan- Judge Weller was, in the courthouse. windows, or it might be used to hire imous consent that the Senator from These are some of the most heinous additional security personnel in the New Hampshire be recognized imme- crimes we experience, I believe. courthouse. diately following my remarks. But for the bravery of the men and There are times when the Federal The PRESIDING OFFICER. Without women who serve on the bench in our Government must step forward. One objection, it is so ordered. courthouses, this violence undermines example, which is so important, is COURTHOUSE SHOOTING IN RENO our entire system of justice. We can when the Federal Government stepped Mr. REID. In Reno, NV, yesterday, a and must do everything we can to pre- in to give rural police officers the friend of mine, Chuck Weller, was shot vent these tragedies. money to buy bulletproof vests. Little in the chest. He is a family court judge. Judges like Chuck Weller, clerks, ju- counties in Nevada and other places We have in Nevada district court rors, and others who are serving their simply could not afford them. They judges that do everything but domestic country at courthouses and upholding need bullet proof vests for protection. relations and child custody and that the law must be free to do so without So there are things we can do to help kind of thing, which the family court threats to their lives. in the administration of justice and po- judges like Judge Weller do. He was One of my valued employees, Darrel lice officers generally. working at his desk and somebody shot Thompson—a fine person—was called The Federal Government already him in the chest through a window. His to jury duty in Washington, DC. He plays a role in educating State court condition has been recently changed apologized and said, ‘‘I am sorry I can- judges. I have played a role in helping from critical to serious. We think he is not be at work today.’’ I said, ‘‘Darrel, to fund the National Judicial College going to be OK. this is your obligation. I wish I could and keep it funded. It is based in Reno. This is a real tragedy for our system serve on a jury.’’ Judges, I am sure, from New Hamp- of justice. They have not apprehended Mr. President, I have tried cases be- shire, Tennessee, North Dakota, judges the man who shot him. They believe fore more than a hundred juries. I told from all over the country, have been to they know who did it. We don’t know if Darrel this is his civic duty. I feel that the State judicial college in Reno. It is the man has killed anyone else, but it way so strongly that the system of jus- a wonderful facility for training judges. is a real tragedy. tice must be administered without in- It is now entirely appropriate for the Judge Weller is a person who does his temperance, without threats of vio- Federal Government to bolster its sup- very best to be fair and reasonable to lence. port for protecting State court judges those people who appear before him. In Reno, the city and county are in from physical harm. When you deal with child custody mat- the process of determining what ac- The States will take the lead in pro- ters, support matters, they are very tions they can take to prevent inci- tecting their own State court officers, personal, and a judge has a difficult dents like this from occurring at the but the Federal Government can and time because there are intense feelings courthouse. One of the things they are should help develop best practices and involved in divorce and child custody. going to try is to put a film on the win- replicate successful security models I am really concerned about his wife, dow so you cannot see as well. One of around the country. Congress should Rosa Maria, and their two daughters. the people said, ‘‘I don’t think we can take immediate steps to try to prevent

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.073 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5758 CONGRESSIONAL RECORD — SENATE June 13, 2006 a recurrence of the Reno tragedy from that was agreed to between the Repub- In fact, if you were to take out the cost occurring in other places. lican leadership of the Senate and the of fighting the war against terrorism I want to extend my thoughts and House, and it was the number that the and the cost of paying for the Katrina prayers once again to the Weller fam- President felt was appropriate. It will tragedy, we would essentially be func- ily that all will be well with Chuck. It be a difficult number to obtain, there is tioning on what would be statistically is a difficult time for them and the en- no question. It represents significant considered to be almost a balanced tire Reno community. I ask everybody fiscal restraint. It is a clear marker budget. here to keep the Wellers in their that we are going to try to restrain the We would be at a historic low rel- thoughts, because this could be a judge rate of growth of the discretionary side ative to the deficit as a percentage of in your State. But, in fact, it is in Ne- of the budget, which is critical to put- the gross national product over the vada, and we are going to do every- ting in place fiscal responsibility. last 20 years. So we are moving in the thing we can to protect the administra- I think it is important for people to right direction. By putting in place tion of justice in our country. I appre- know that, yes, we presently have a this deeming resolution 873, we are as- ciate very much the senior Senator very large deficit. But this deficit is serting we are going to be aggressive to from New Hampshire allowing me to coming down rather precipitously from try to control the rate of growth on the speak before him. where it was projected to be 6 months discretionary side. That is all positive The PRESIDING OFFICER. The Sen- ago. It was projected that we would and good, and it largely comes about ator from New Hampshire is recog- have a deficit of well over $400 billion. because we have very strong leadership nized. We are projecting this year that it will on the Appropriations Committee Mr. GREGG. Mr. President, I ask be in the $300 billion range. That is a through Chairman COCHRAN and his unanimous consent that after I speak very positive move in the right direc- commitment to fiscal discipline. Senator DORGAN be recognized, and tion. Part of that move is a function of Another issue I wish to talk about then that Senator VITTER be recog- the fact that we have started to con- and put the issue in the correct context nized. trol the rate of growth of the Federal so people understand what is actually The PRESIDING OFFICER. Without Government, independent of our needs happening is the issue of border security because there has been a lot of objection, it is so ordered. relative to fighting the war on ter- Mr. GREGG. Mr. President, I rise to confusion as to how much money we rorism and Katrina, which are events speak a little about the supplemental are spending on border security, where that we need to simply spend money on appropriations bill, which is now pend- we are spending it, and what it is being because of the catastrophe of Katrina ing. I want to begin by congratulating spent on. and because of the need to have our the Senator from Mississippi, Mr. I have the good fortune of chairing troops in the field and have what they COCHRAN, for the extraordinary job he the Homeland Security Subcommittee did in producing this bill. When it left need to be adequately supported. of the Appropriations Committee. As Another reason the budget deficit has the Senate, it was around $105 billion. chairman of that subcommittee, I sug- come down so much in the last few It comes back to us from conference at gested we put in the supplemental as months is because our revenues are $94.2 billion or $94.3 billion—I forget an emergency item—not as an emer- coming in as a result of the President the exact number. It was not easy to gency item, we paid for it—$1.9 billion, putting into place, and the Republican bring it down from the Senate position the purpose of which would be to pay Congress supporting the effort, eco- to what was acceptable to the Presi- for capital items which were in dire nomic policies which energized the dent and to the House. It was really a need by Customs, the Border Patrol, economy dramatically—putting in result of Senator COCHRAN simply say- and the Coast Guard. These are items ing that we are going to make these place a tax policy that is fair to entre- such as airplanes—Customs is flying 20 difficult decisions and we are going to preneurs and risk-takers in this coun- or so P–3s, and they were all grounded have a bill that meets the conditions try. We have seen people who are will- a month ago because they are 40 years the President laid down for our spending to go out and take risk, taking ac- over their useful life and they have se- ing responsibility. He deserves a great tion that creates taxable events. Spe- rious structural issues that have to be deal of congratulations and respect for cifically, they have created new com- checked all the time or they have the having accomplished that. panies, created new economic activity potential of serious structural issues— Within the bill, he has included also and new jobs. new helicopters because the helicopters an issue which I am interested in as As a result of those things, revenues are 20 years past their useful life; new chairman of the Budget Committee. It are jumping dramatically. We have cars to be used on the border because is what is called a ‘‘deeming resolu- seen the largest revenue increase in the the Border Patrol goes through cars tion.’’ It sets the amount of money last 40 years, I believe, in this last rather rapidly because of the harshness that can be spent on the discretionary year; and the year before that, we saw of the terrain in which they have to side of the budget. That is those ac- a historic revenue increase. The Fed- use them; sensors; and unmanned vehi- counts that we appropriate, on which eral Government is back to essentially cles. With the Coast Guard, it is fast we spend every year, and which are where they were, in a historical con- boats to be used to make sure our automatic expenditures for things like text, over the last 20 years as a percent shorelines are protected from people education and some of the health care of gross national product. Those reve- coming across who shouldn’t be coming accounts and national defense are some nues had dropped precipitously over across and maybe want to do us harm. of the big ones, as is homeland secu- the last 3 years because of the breaking These are all capital items. The rea- rity. or bursting of the Internet bubble and son I suggested we do capital items is This deeming resolution has set a the attack of 9/11, which caused a re- because I didn’t want to create an out- number of $873 billion, which I think is cession. year cost which we couldn’t afford to a very responsible number, which the So we are seeing the economy come pay for under the present budget sys- President sent up in his budget, and back. We are seeing 5.3 percent growth, tem, but I did want to take off the the number the House had in their which is extraordinary. We are seeing a table items I knew we were going to budget. It wasn’t the number that left job situation where we have virtually spend money on if we were going to the Senate when we passed our budget. full employment. According to the have an effective Border Patrol, to One of the Senators who spoke before economists, when you get down to an have an effective Customs agency, and me from the other side was upset that unemployment level below 5 percent, to have an effective Coast Guard. the number that passed the Senate was you are basically talking about full The White House looked at that num- not included in the deeming resolution, employment. We have seen this as a re- ber and said they really didn’t want to which is a fairly ironic position for sult of this expansion of the economy do that. Instead, they shifted over and anybody to take since they voted that has now been going on for 39 said: Let’s do operational items, and against the budget as it left the Sen- straight months, or something like they decided to take, of that $1.9 bil- ate. that. We have seen a huge jump in rev- lion, about $800 million and spend it In any event, the deeming resolution enues, and the effective result of that putting the National Guard on the bor- as it is in this budget is the number is that the deficit is coming down also. der, and the balance of the money they

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.075 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5759 basically used to project the hiring of When it was sent up again this year, duce technology and science and sensor new people and the addition of beds for it was basically dead on arrival, which technology by about $100 million. We detention, both of which I support, but the administration knew it would be. It would have to limit infrastructure con- both of which create certain issues, and wasn’t a surprise because they had struction, especially fence construc- that is what I want to talk about brief- gone through this before. Actually, tion, by about $100 million. We would ly—the issues created by the supple- what they sent up was a request for have to reduce detention expansion ca- mental and what will occur in the fol- about $32 billion in spending but fund- pability by about 6,700 beds. lowup appropriations bills of Homeland ing for about $30.8 billion in spending, We would have to reduce fugitive op- Security so everybody knows the play- which means there was a $1.2 billion erations, where we try to find these ing field that is being defined. gap. That will be difficult to fill in, in people and get them out of the coun- The practical effect of this supple- and of itself, were that the only prob- try, by about $60 million. We would be mental is, yes, there will be money in lem. But in order to fill that, basically unable to forward-fund the effort to get place to hire an additional 1,000 agents. Senator COCHRAN, as chairman of the the IDENT and the EFIS systems to We already had money in the pipeline full committee, is going to have to communicate with each other for the to hire an additional 1,500 agents this take it from some other committee to purpose of a U.S. visit, which is abso- year. It takes about 40,000 applications give it to my Homeland Security Sub- lutely critical. That is where you come before you can get 1,000 agents. It is committee to pick up that $1.2 billion, across the border, and they fingerprint not easy to hire them. Then you have if he is generous to do that or believes you. They take two fingerprints of you. to train them, and you have to have a it is the right policy. He will have to By taking 2 fingerprints of you, they physical facility to train them, which take it from somebody else. I assure can’t communicate with the FBI data- we have in New Mexico. But that facil- you, whomever he takes it from is not base which has all the criminals in it ity doesn’t have the capacity to train going to be all that appreciative of because that database requires 10 fin- 2,500 agents a year; maybe 2,000 but not having lost $1.2 billion. gerprints. So essentially we are lim- 2,500. It is unlikely we can hire an addi- That would be a major hurdle to iting our capacity to figure out who is tional 1,000 agents before the end of begin with. Now throw on top of that coming across the border as it relates this fiscal year—maybe 300 or 400, $1.2 billion shortfall the fact that in to the FBI database. There is a pro- maybe even 500. But I will agree that this bill, they have forward-funded by putting the money in now, we accel- tocol where they try to get the worst 1,000 agents plus a lot of other oper- erate what we planned to do next year, people and make it work, but the fact ational expenses, and they have not which is to hire another 2,000 agents. is, we have tens of thousands of finger- funded the Coast Guard costs of what is So we are accelerating that event, if prints that are not able to be ade- that is the goal. called their fast boat or the expansion quately vetted. That would have to be Secondly, the proposal basically of their coastal protection efforts. put off. The need to come up with a prefunds bedspace which should be They have taken the $600 million we in- card with biotics attached to it so we funded and creates an outyear cost as a tended to use to do that and spent it on could have a tamperproof identifica- result of that and does a series of other the National Guard. And we have cre- tion system would probably have to be operational things and actually some ated approximately—the number fluc- put off because we couldn’t pay for capital items with which I totally tuates on what one deems to be capital that. That is a big one. agree, such as technology investment and doesn’t deem to be capital. My These items would have to be put off, and unmanned vehicle investment. guess is we are somewhere in the range plus the Coast Guard—and this really But the practical effect of doing it of $1.4 billion in operational expendi- frustrates me—the Coast Guard, in this way is we create what is known as tures which are now put in the pipeline order to build out the fleet they need— a budget tail or an expense in the out- which are not funded for the year 2007. and they are functioning under old year which we are going to have to In addition, the administration tells boats, a lot of old boats, and they have pick up, and that is the point I wanted us—and I would agree with this if we helicopters which are not properly to make today in as factual a way as I could do it—in the 2008 budget, they structured, many of them, most of can because it is a very big issue we are are going to ask for 3,500 new agents so them, the vast majority of them are going to have to deal with as a Con- that we can ramp up as quickly as pos- not armed—build out program to get gress, and that is this: The President sible to the ultimate goal, which is things right and get positioned cor- sent up a budget proposal for next 20,000 agents. It is possible by the 2008 rectly to protect our coastline, instead year, 2007, which was essentially $32 period that we will have the training of being completed in 2015, which was billion, rounded up. That request had facilities at a position where we can our goal under our supplemental re- an assumption of 1,500 new agents, 1,500 hire 3,500 agents. It is also possible quest, will end up being completed in new agents we put in this year would that we could get 100,000 applications 2023 or 2024 and cost more money to do be paid for, and then an additional as- or 120,000 applications or so, whatever it because of the spread out. sumption of another 1,500 agents, I be- it would take to get 3,500 people. So So we are facing a lot of very serious lieve, on top of that for next year. that is a possibility. But the implica- issues as to what we will be able to It also had in it a request that part of tions of that are significant in the form fund and how much we will be able to the money, the $32 billion, be paid for of cost. fund under the present game plan or by raising the airline fee which people What does this put at risk? All these blueprint as it is set out for this year pay as a tax when they get on an air- costs have been put in the pipeline in a and next year as a result of this supple- plane basically to fund the increase in manner which is basically upfronting mental. the border security activity, primarily operational costs but not taking off the I thought it was important to come with the Border Patrol agent expan- table capital needs. The practical im- down to the Chamber and try to lay sion, of $1.2 billion. That proposal of plications of the $1.2 billion, if it is not out the specifics because at some point, $1.2 billion had been sent up 2 years found by Senator COCHRAN—and I am we are going to have to face up to the ago, and it was rejected out of hand. not asking him to. I think if the ad- reality that there is a disconnect be- Why? Because the chairman of the au- ministration is going to take this posi- tween what is being proposed and what thorizing committee, in what I think is tion, if they are going to make their is being paid for. This is not going to a fairly legitimate view of the issue, bed, they ought to be asked to sleep in work. said: You shouldn’t be raising the tax it. Mr. President, as chairman of the of people getting on airplanes for the If Senator COCHRAN cannot find that Budget Committee, I regularly com- purpose of protecting the borders. The $1.2 billion, the practical effect is we ment on Appropriations bills that are airplane tax should go to TSA and FAA could not maintain the funding for the brought to the Senate for consider- and things which are used to make air 1,000 agents that have just been put in ation and present the fiscal compari- transportation safer, but it shouldn’t the supplemental. We also could not sons and budgetary data. Because of its tax the airline transportation industry, add the new 1,500 agents we would need importance, I will also follow that specifically the passengers, to fund bor- in order to fund what we expected to do practice for the pending conference re- der activity. in the 2007 bill. We would have to report.

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.076 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5760 CONGRESSIONAL RECORD — SENATE June 13, 2006 The conference report to accompany Katrina. We have done emergency hit this country. When Hurricane the Emergency Supplemental Appro- funding for defense previously. We have Katrina hit, people were displaced and priations bill for fiscal year 2006, H.R. done it again, we have done it again, people were killed, and it was dev- 4939, provides $94.430 billion in budget we have done it again. We are now over astating to be there, and devastating authority and $24.327 billion in outlays the hundreds of billions of dollars, all to watch, for that matter. I think this in fiscal year 2006 for contingency oper- in emergency funding, and we are pre- Congress very quickly said to those ations in Iraq, Afghanistan, and the tending somehow we have some dis- people in the gulf region, You are not global war on terrorism; relief from cipline. It is imperative for this Con- alone and we want to help you. I come Hurricane Katrina; other emergency gress to begin thinking about what this willingly and in an interested way to assistance; border security; and avian means for our kids and grandkids. be a part of the people who say we flu. Of these totals, there are no man- The conference report before us is a want to help you. datory funds included. $143 million in conference report that falls short on But this piece of legislation that is outlays in the conference report are this very specific area about which I now before us with respect to family not designated emergency; these out- am concerned. Let me mention another farming—and that is what I want to lays will count against the discre- area first. talk about specifically—says some- tionary allocation for regular appro- One of the things this bill does is thing very unusual and very unfair. It priations for fiscal year 2006. fund a great deal of money for the De- says those farmers in the Gulf of Mex- The budget authority in the con- fense Department for money that has ico who lost their crops due to a hurri- ference report is within the level of the been consumed in Iraq and Afghanistan cane called Katrina are going to get President’s request of February 16, in prosecuting the war. It replenishes some help. They are going to get some 2006, when adjusted for avian flu. It is military accounts, and we are going to disaster relief. All the other farmers also $14.468 billion less than the Sen- do that, we understand that. We have a across this country who lost their ate-passed bill, which clearly dem- responsibility. We cannot send Amer- crops: Sorry, you are out of luck. onstrates significant progress in con- ican troops abroad and decide we are The U.S. Senate included a provision ference with respect to conforming the not going to fund that which they need that I authored in the Appropriations measure to the initial request. to do their jobs. We understand that. It Committee that provided $3.9 billion in Mr. President, I ask unanimous con- would be smarter if we paid for it all, disaster assistance for all farmers in sent that a table displaying the Budget by the way. It would make a great deal this country who lost their crops due Committee’s estimate of the bill be in- of sense if we decided to pay for this to a disaster. Let me just describe what serted in the RECORD. rather than charge it to the kids and happened around this country last There being no objection, the mate- grandkids. But here we are, once again. year. rial was ordered to be printed in the One amendment that was stuck in Last year around this country we had RECORD, as follows: the bill when it left the Senate was a whole series of things happen. We had H.R. 4939, EMERGENCY SUPPLEMENTAL APPRO- very simple. It was the determination serious drought, the third worst year PRIATIONS ACT FOR DEFENSE, THE GLOBAL of the Senate that we were not going to for drought purposes in Illinois since WAR ON TERROR, AND HURRICANE RECOVERY, have permanent military bases in the 1895. We had the third driest year in 2006 country of Iraq, that we were not going well over a century. In Missouri, Iowa, [Fiscal year 2006, $ millions] to have permanent military basing in Indiana, Arkansas: The worst drought President’s request: 1 Iraq. The Senate agreed with that. My since the 1980s. Oklahoma wildfires de- Budget authority ...... 92,221 Outlays ...... 23,626 expectation is that we are in Iraq be- stroyed—burned—one out of every 100 cause we want to provide freedom for acres. In North Dakota, this is an ex- Conference report: General purpose Total spending: the Iraqi people, we want to deal with ample of what the fields looked like. Budget authority ...... 94,430 the insurgency, and at some point We had 1 million acres that could never Outlays ...... 24,327 bring our troops home. be planted. It was never planted. One Emergency: Saddam Hussein was found in a rat million acres was planted and washed Budget authority ...... 94,541 hole. He is now on trial. Perhaps he Outlays ...... 24,184 away. We had farmers who had just Non-emergency: will be executed. The Iraqi people are dramatic amounts of rainfall. We had Budget authority ...... ¥111 rid of Saddam Hussein, who committed one farmer who received one-third of Outlays ...... 143 mayhem and murder on a grand scale. all of the yearly rainfall in one day; Remaining 302(a) allocation prior There are unbelievable numbers of just washed everything away. This to enactment of supple- skeletons of people who were murdered farmer lost everything. mental: by Saddam Hussein who turned up in Once again the U.S. Senate said: We Budget authority ...... 9,279 Outlays ...... 4,365 mass graves. So we are there. And we are going to provide disaster help to 1 The President’s 2007 budget request included $2.3 want the American troops to finish farmers who lost their crops. It doesn’t billion for avian flu; for comparison purposes the their mission and to be able to come matter where they are. In the Gulf of President’s supplemental request adjusted for avian home. Mexico? Yes. To a hurricane? Yes. But flu totals $94.521 billion in budget authority. But the Senate had previously de- then when we got to conference, the Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeep- cided on this bill that we wanted not to President prevailed. The President ing conventions. have long-term military basing in Iraq. said, I will veto this bill if it has dis- Mr. GREGG. Mr. President, I yield One of the reasons for that decision I aster relief in it, and the Speaker of the floor. think is the administration asked the House and the folks who march to The PRESIDING OFFICER. The Sen- originally for $1.1 billion to build a that tune in the conference said: No, ator from North Dakota is recognized. U.S. embassy in Iraq, which would be you can’t have disaster relief; we will Mr. DORGAN. Mr. President, the the largest embassy in the world: 1,200 only allow disaster relief for gulf farm- issues that have just been discussed by employees and $1.1 billion. So I regret ers who lost their crops. my colleague, and others as well, about that the provision dealing with a deci- So that is the way it came out of the fiscal discipline are very important sion that we were not going to have a conference. The folks who were burned issues. I would make the point that I permanent military presence, military out, the folks who dried out, the folks don’t think one can find fiscal dis- basing in Iraq was taken out in con- who were flooded, those farmers were cipline around here with a high-pow- ference. That was a bipartisan decision left behind, once again. And it starts at ered telescope. There is no fiscal dis- by the Senate to put it in, and I regret the doorstep of the White House. cipline around here, unfortunately. In it was taken out. Nonetheless, it was. It was this President who came to fact, the very bill we are debating at Let me describe just for a moment North Dakota some long while ago and this point is appropriating something my concern about another significant said to farmers: When you need me, I over $90 billion, none of it paid for— part of this bill. I am happy to be sup- will be there. I will be there for you. none of it. portive of the efforts to help the people Well, we needed him. He is the one who Emergency funding for defense, in the gulf region who were devastated said, I will veto the legislation if you emergency funding for Hurricane by the worst natural disaster to ever provide disaster relief for farmers. So

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.017 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5761 he was successful. They stripped the to them, You are not alone. We know ily farmers who suffered disasters last Senate provision out of the bill. When you got hit really hard with torrential year certainly cannot be linked under it came out of the Senate, it was a bi- rain in North Dakota and drought in the category of fairness, in my judg- partisan provision. It was supported by Missouri and Illinois. That is what the ment. the chairman of the Senate Appropria- Senate was saying. The Republicans Mr. President, I yield the floor. tions Committee. It was supported by and Democrats here said that. And The PRESIDING OFFICER (Mr. the Senate conferees upon a motion of then we got to conference and the CHAMBLISS). The Senator from Lou- mine, once again, in the conference. I President and the House conferees led isiana is recognized. sat downstairs in this building at 1 by the Speaker said: No way; we don’t Mr. VITTER. Mr. President, I stand o’clock in the morning. We fought for intend to do that. in strong support of this supplemental five hours to try to put this in con- We are not asking for the moon. This appropriations bill. There are many, ference, to keep the Senate provision was just a little bit spilling from the many very important reasons to sup- in conference, and we lost. barrel. We have talked about all of this port it, and certainly one is because of Someone once said that common money, billions and tens of billions and the essential support it gives all of our sense is genius dressed in work clothes. now hundreds of billions of dollars, all Armed Forces around the world, par- The question of common sense here is of which have gone through an Appro- ticularly with regard to the crucial this: Why should we have a cir- priations Committee, none of which fight in Iraq. That is an essential rea- cumstance that we are going to legis- has been paid for to deal with wars and son to support it. Certainly the impor- late now with this conference report all of these issues. I understand why we tant money it puts toward border secu- that says if you are a farmer in one have to do this. What I don’t under- rity, and we must do so much more part of the country and lost every- stand is why we are not willing to do with regard to border security. thing, you get a little help. If you are what we should do as a Nation to farm- I stand first and foremost and pri- a farmer in the rest of the country, ers last year who got hit with natural marily with a focus on the crucial chal- Sorry, Charlie, it is over; no help for disasters and who lost everything. lenge of hurricane recovery all along you. I don’t come to the floor to say that the gulf coast, including in my home Rodney Nelson, who is a cowboy poet the people in the gulf shouldn’t be State of Louisiana. I strongly and in North Dakota, wrote an op-ed piece helped. Of course they should. I don’t proudly support this bill because it is once in the North Dakota papers, and come to the floor to say farmers who an enormous help, an enormous com- he asked a question about farming. lost their crops in the gulf shouldn’t be mitment at the Federal level of keep- There aren’t many people here who are helped. Of course they should. I am the ing true to President Bush’s Jackson farmers. We come wearing suits. We first to support them. But I do come to Square pledge to make sure we have a have nice, shined shoes. We do our the floor of the Senate to say it is fun- full and robust recovery on the gulf work in white shirts. Nobody here is in damentally unfair to decide there are a coast. farming. But the people out there liv- couple of classes of farmers who lost This hurricane experience has been ing on the land, raising livestock, everything, and the first is a class that surreal for so many, literally millions planting a seed, hoping they will grow lost it to a natural event, a weather who lived through it, including me. a crop, hoping they will be able to har- event that has a named called a hurri- And it hasn’t just been Hurricane vest and go to the grain elevator, and cane. Katrina which, of course, devastated perhaps make some money, and be able My colleague, Senator DURBIN, sug- southeast Louisiana as well as Mis- to carry over for spring planting the gested maybe our problem was that— sissippi and parts of Alabama. It has next year, those are America’s heroes. since we had a weather event in June been Hurricane Rita, too, which dam- Those family farmers struggle. of last year that provided one-third an- aged, devastated south Acadiana and Rodney Nelson asked this question: nual rainfall in 24 hours and washed southwest Louisiana just a few weeks What is it worth to a country to have every seed out of the ground—maybe after Hurricane Katrina. a kid that knows how to plant a crop? our problem was we didn’t name it. It has been quite an experience in What is it worth to a country to have They name hurricanes. They didn’t terms of introducing me to my work in a kid that knows how to fix machinery, name that torrential rain. Maybe if the Senate. I will never forget so many how to hang a door, how to weld a they had named it, then we would have of the experiences I lived through and seam, how to grease a combine, how to a circumstance where the President saw firsthand, obviously Hurricane butcher a hog? What is it worth to a and others would say, Let’s treat ev- Katrina hitting on August 29 and see- country to have a kid know how to feed erybody the same. If you got hurt, if ing the aftermath of that, the unbeliev- a newborn calf out of a pail? What is it you lost everything, we are here to able devastation, particularly because worth to a country to have kids that help. That should have been the refrain of the levee breaches in the New Orle- know all of these things? What is it from this Congress and should have ans area. After living there on the worth to a country to have a kid know been the refrain from the White House. ground, working on those issues day in how to go out and work in bitter cold Regrettably, it wasn’t. and day out, I finally returned to the winters or hot summer sun? What is So, after working for months, after Senate on September 13 and stood here that worth to a country? beginning in the Senate Appropriations on the floor and tried to communicate The only university that teaches all Committee on a bipartisan basis, with exactly what I saw, but it was difficult of those things is American family the chairman of the committee and because, again, so many of those im- farming. It is out under the yard light others, Senator BURNS from Montana ages were just so surreal, so outside on the family farm someplace. That is and many others, after doing that, the realm of anything I had experi- where they teach these courses. Car- after coming from the floor of the Sen- enced before. pentry, welding, mechanics, and horti- ate and defending it, getting it through Then, just a few weeks later, Sep- culture, all of these things you learn the Senate and going to conference, we tember 24, it was almost unbelievable, on the family farms—agriculture, live- got stiffed. When I say ‘‘we,’’ I am talk- but it happened. We were socked by a stock. ing about people who lost everything second devastating Hurricane Rita that Once again, the farmers who have out there that fully expected this Con- went into the Texas-Louisiana border had these fields and ended up having no gress to do the right thing. area, but really affected the entire crop, some of whom are now out of Regrettably, this conference report, Louisiana coast because it came in at business, they will lose those farms be- while it does the right thing in some an angle from the southeast to the cause they can’t go a year without in- areas, in my judgment shortchanges a northwest, in that direction, pushing come. The bank doesn’t say, We are lot of farm families who had high hopes flood waters all up and down, east and sorry about that. I will tell you what. that this Congress would do the right west of the Louisiana coast, but of We won’t need our money from you. thing for them. course particularly devastating south- You just don’t need to pay us. So we will live to fight another day west Louisiana and south Acadiana. Some of these farmers will have been for fairness, but this conference report I remember in that entire period gone by now. But we were trying to say with respect to the way it treats fam- thinking many times, and I will be

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I remember on more than one oc- isiana. jurisdictions such as Saint Bernard’s, casion e-mailing my wife Wendy that Again, there are very many folks who the sheriff’s office, local government, this just seemed so tough a haul in worked hard on it, but none harder the city of New Orleans, and others. terms of what we needed to do, includ- than the chairman of the Appropria- Also, crucial legislation in December ing through Federal legislation, par- tions Committee, Senator COCHRAN, on the tax side of the equation—GO ticularly as it was hitting when under- himself, of course, from a devastated Zone legislation—to provide powerful standable concerns about spending at State. So I deeply and sincerely thank incentives for businesses, families, and the Federal level were at an all-time all those fellow Members of the Senate. individuals to come back and rebuild high. I noted in several of those e-mails What is it that we have accom- and bring the jobs with them to revi- that it just seemed like a very, very plished? It really is a lot from the Fed- talize our economy because that is at tough haul. eral level: passing the funding, the sup- the core of our recovery as well. After months and months of work port, the help we need on the gulf coast I say thank you to the President of and joining with so many others in the for our full recovery. I am proud and the United States, to all of my Senate gulf coast and outside the gulf coast happy to say in all of this the Senate colleagues, to all who worked on this and all around the country, I am so de- has led the way through the leadership crucially important legislation. I say it lighted that we are really getting that of Senator COCHRAN and others, in with every piece of sincerity and job done in terms of this Federal sup- terms of passing the levels of support heartfeltness in my body because this port. What seemed like such an uphill we need. The Senate led the way, the has just been a matter of survival, of battle so many months ago is finally Senate bill led the way in the con- life and death for all of us in Louisiana. coming together, in terms of very ag- ference committee. The most important way I can say gressive, very robust Federal help. Several categories are enormously thank you is in continuing to work Let me make clear, that is not pri- important. First, in this bill $4.2 billion with folks on the ground in Louisiana marily because of my effort. That is for Louisiana of community develop- to assure all of you, to assure the not primarily because of the effort of ment block grant funding. That is President of the United States, to as- the rest of the Louisiana delegation— enormously important. It will com- sure the American people, that this which has been completely united and plete a $12 billion package for Lou- money gets spent right on the ground; which has worked very hard, yes—but isiana primarily dedicated to home- that it is not just thrown at a problem that is primarily because of the leader- owners, many of whom lost everything, but actually helps fund positive change ship of others and their efforts. So I and to housing needs. That is crucial in and reform on the ground in Louisiana primarily come to the floor today to terms of revitalizing and rebuilding our because that is exactly the leadership say thank you to those leaders. community for the better. we need to move in the direction we Of course, we have to start with Another absolutely crucial issue as a need to take. President Bush, the President of the threshold concept is rebuilding the lev- As we turn our attention to how that money is spent on the ground, I assure United States. On September 15 he ees far better than before to give every- you I will be an active participant in stood in Jackson Square and addressed one in the region peace of mind that we that work, an active player in that de- the Nation. I was there personally. I will have adequate protection in the fu- bate. I will continue to use all of my will never forget that moment. It was ture. Again, in this bill, $3.7 billion will leadership skills, everything I can mus- surreal, in some ways, because the en- go to the Corps of Engineers for their ter, to make sure, again, that this tirety of the French Quarter was dark, ongoing emergency levee repairs and enormous Federal support that every- uninhabited, but there we were in reconstruction. Just as important is one here—the President and others— Jackson Square and the President was crucial authorization language that is has made possible goes to fund positive speaking to the Nation, making a firm necessary to allow them to get that change and reform on the ground in commitment that New Orleans and work done immediately. Again, a cru- Louisiana. We certainly need it in a Louisiana and the gulf coast wouldn’t cial threshold issue. Nothing will hap- whole host of categories: political re- just come back but would be rebuilt pen in terms of a robust recovery in form, levee board reform, health care smarter, better, stronger than ever. the New Orleans area without knowing restructuring, educational improve- This legislation keeps that pledge. It that we will have the levees we need to ment through charter schools, and the makes good on that promise, and it give individuals, families, businesses like, and on and on. only is happening because of the Presi- real security in the future. That is my pledge to my colleagues. dent’s strong leadership in this regard. Other important categories—$500 That is, perhaps, the best way I can So in all my thanks—and we have million for agricultural relief, focused continue to say thank you for this vi- many people to thank—I want to start on the gulf coast region where the dev- tally important help that will mean first and foremost with President Bush. astation from Hurricanes Katrina and New Orleans, LA, including southwest He stated it unequivocally, boldly, Rita happened. Again, I acknowledge Louisiana, decimated so hard by Rita, strongly on September 15 in Jackson Chairman COCHRAN, who kept that the entire gulf coast comes back—but Square, and he has made good on that package in the bill—slimmed down, also comes back better, stronger than pledge and that promise. This legisla- yes, but vitally important nonethe- ever. tion helps do exactly that. less—and preserved it in the conference I yield the floor. I also want to specifically thank all committee negotiations. That was The PRESIDING OFFICER. The Sen- my fellow Senators, particularly lead- enormously important. ator from Alaska. ers in this regard such as Senator Similarly, fisheries, $118 million for Mr. STEVENS. Mr. President, I have COCHRAN, the chairman of the Appro- fisheries that were decimated all along come to the floor to try to bring a priations Committee. In the months the gulf coast, particularly in Lou- sense of urgency to the Senate about following the tragedies of Hurricane isiana and Mississippi, is another cru- getting this conference report finally Katrina and Hurricane Rita, some of cial component in the bill. approved. The House has approved it. the most important work I partici- This is so important and is vital par- The conference report has been duly pated in was getting fellow Senators, ticularly when coupled with our earlier approved by a majority of the Appro- fellow Members of Congress, down to legislation, a big bill in December priations Committee. The distin- the devastated regions, allowing them where we passed billions in December guished chairman of the Appropria- to see the scope of the devastation also in CDBG funds, in levee money, in tions Committee, Senator THAD COCH- firsthand. So many came and so many health care—Medicare and Medicaid— RAN, is here now. I, as chairman of the responded in terms of really getting it, in education, passing money that fol- Defense Subcommittee, want to point really understanding exactly the un- lowed the evacuee child wherever that out that this supplemental was re- precedented scope of this devastation. child went so we can pay for those ex- ceived by the Senate on February 17, So I thank all my colleagues who did traordinary needs, and in higher edu- and it is now June 13.

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.080 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5763 The Army has notified us of the need, this bill is not approved by June 26, be- so. I commend him and thank him for and we have approved reprogramming ginning June 26 release service-con- his strong leadership. of $1.4 billion to carry the Army tracted employees to include recruit- Mr. President, I suggest the absence through June. The difficulty is that we ers, if doing so will not carry penalties of a quorum. are now informed, despite the cir- and termination costs. The PRESIDING OFFICER. The cumstances of the reprogramming, the General Cody has advised there may clerk will call the roll. Army, at the end of June, will have be other painful actions necessary if The assistant legislative clerk pro- only $300 million left in its O&M ac- they don’t get these funds. ceeded to call the roll. count. The O&M account is the money I think this is a critical situation Mr. SALAZAR. Mr. President, I ask to pay bills for any of the departments, right now. The impact of not getting unanimous consent that the order for and I think as we look at this, Mem- these funds now really causes duplicate the quorum call be dispensed with. bers of the Senate should realize all actions. They not only have to seek re- The PRESIDING OFFICER. Without over the country there are actions programming for transfer of the funds objection, it is so ordered. being taken now to the detriment of from other accounts to O&M, but then Mr. SALAZAR. Mr. President, I rise many of our bases, our ports, and var- when they get these funds they will today to state that I will vote for the ious installations even here at home, have to have authority to reprogram emergency supplemental conference re- here in the United States. the funds from this account back into port that is before us, and I will do so But the main thing is that the Chief the accounts from which they are without hesitation. I expect that most of Staff of the Army, GEN Peter taken. This really causes enormous of my colleagues will also join in that Schoomaker, has asked Chairman manpower problems in the Department vote. We will vote in that way because COCHRAN, on May 17, to do his best to of the Army handling situations like we know our brave men and women in accelerate the approval of this bill be- this. uniform are currently in harm’s way. cause almost half of the money that is I have come to plead with the Senate, They are in harm’s way, and they need in this supplemental appropriations let’s settle the disputes on this bill. the resources this bill provides for bill is for the Army. I don’t think there The bill is final now, in terms of the them to move forward. are many Senators who realize that conference report. It is not subject to I also strongly support the hurricane every time there is a reprogramming it amendment. I can tell every Member of relief and the reconstruction element involves a real change in the overall the Senate, the longer this bill is de- of this conference report. Those funds structure of the Army. They must take layed the more people are going to be are very much needed to address the money from various accounts and re- laid off in every State of the Union. It urgent issues we are facing in the gulf program it into the operation and doesn’t make any sense at all to delay coast and the reconstruction of that maintenance account in order to meet getting this bill to the President. It is area from the disaster which was current bills—not only current bills ready, it is overdue, and it is time we caused by Hurricane Katrina. here at home but in the war zone. realized there are substantial costs to I appreciate the leadership of Chair- Very clearly, the impact of this is the military, when we know they have man COCHRAN and the rest of the dele- being felt, as I said, all over the coun- a crisis that requires supplemental ap- gation from the Gulf Coast States that try. For instance, I received notice propriations, not to get the bill ap- has brought this matter to the urgent from Fort Greely, in Alaska—that is proved and to the President as soon as attention of the American Nation. But the national missile defense base—that possible. I also rise to express my disappoint- there have been a series of layoffs now I plead with the leadership, I plead ment in what is not in this conference at that small fort due to the program with both sides, let’s approve this con- report and to help give voice with my that the Army has had to undertake. I ference report and get it to the Presi- colleagues to the millions of farmers, have before me the instructions that dent tomorrow. In doing so, it will pre- ranchers, and rural communities where were given by GEN Dick Cody, the Vice vent that list of items I just mentioned needs have not been met in this report. Chief of Staff. He gave it to all general that will occur starting June 15 be- I am disappointed with the prevailing officers on May 26; that is, he has given cause I am assured the President will attitude in our Nation’s Capital for the instructions—really a command to the sign the bill as quickly as possible men and women who produce an abun- Army—to reduce spending while ensur- after Congress has approved it and the dant supply of the safest and highest ing that life, health, and safety issues Senate will take final action on this quality food in the world. This bill is are covered. The priority is to continue bill. literally leaving them out to dry. critical support to ongoing operations Mr. President, I yield the floor. Last year, a bipartisan group of Sen- and readiness activities for units and The PRESIDING OFFICER. The Sen- ators recognized the dire situation that personnel identified—and that meant ator from Mississippi. was facing our Nation’s farmers and with regard to rotation concepts. But Mr. COCHRAN. Mr. President, I ranchers. We introduced the Emer- with the exception of those concepts, thank the distinguished Senator from gency Agricultural Disaster Assistance General Cody has commanded that the Alaska for his comments. He is insight- Act of 2006. That bill would provide $3.9 bases—and this was beginning May 26— ful. He is experienced. He understands billion in emergency disaster assist- not order noncritical spare parts or the implications that would flow from ance for farmers and ranchers who suf- supplies. the failure of the Senate to act prompt- fered losses due to natural disasters. He advised the Army Materiel Com- ly in approving this conference report. This was an excellent piece of legisla- mand to reduce the purchases and to He is chairman of the Defense appro- tion which could have only been writ- postpone and cancel all nonessential priations subcommittee. He has pre- ten by a consensus, hard work, and a travel and training conferences and to viously served as chairman of the full bipartisan approach. We are all ex- stop the shipments of goods unless nec- committee. He has had a wide range of tremely proud that the Senate included essary to support deployed forces and experience in the military service him- both provisions in the emergency sup- units with identified deployment dates. self during World War II. I think we plemental but in part because it in- What I am trying to tell the Senate should listen to him and we should act cluded this assistance for farmers and is that right now, beginning on June 15, in accordance with his suggestions and ranchers. And there was a Presidential here are the orders starting 2 days recommendations. I hope the Senate veto that came on the bill we passed from now: Release all temporary civil- will not prolong this debate unneces- out of the Senate. Because these provi- ian employees funded with O&M ac- sarily. sions were stripped from the supple- counts or performing O&M fund work. Everybody has a right to be heard. mental bill, our rural communities will That includes depot operations. Freeze Everybody has a right to express their suffer an unnecessary wrong. all contract awards and new task or- views. But the opportunity is now. I stand with the farmers and ranchers ders on existing contracts. Process so- Let’s finish talking about this bill this of rural America today because I recog- licitation of new contracts only up to evening and let’s vote on it the first nize that this problem we face today in the point of award. Suspend the use of thing in the morning—whenever it is rural America will not go away. It will all Government purchase cards. And if the pleasure of the leader for us to do not simply disappear when the Senate

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.081 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5764 CONGRESSIONAL RECORD — SENATE June 13, 2006 stands adjourned until the final vote Try to imagine how painful it is for I, too, join him in regretting we on this emergency supplemental. communities to brace themselves for could not do more for the agricultural As I travel across Colorado, I hear the worst when they have approved producers who sustained setbacks all from farmers and ranchers who have mitigation plans that are simply sit- around the country because of unfortu- been consistently hit by disaster emer- ting on the shelf just waiting for re- nate weather conditions and other gency after disaster emergency. With sources so they can be implemented problems earlier this year. the rising cost of fuel and other inter- and wood fuel can be safely removed. We had, as the Senate remembers, an est costs, this problem can and will We had an opportunity to help ease amendment in the markup of this bill only get worse. this pain and to do it in this supple- in this Senate Committee on Appro- The 2005 winter wheat crop in Colo- mental. Now that opportunity has priations adding about $4 billion for a rado was the fifth below-average crop passed us by. wide range of needs in the agricultural in 6 years, with potential losses for I was heartened when my Senate col- sector. I regret, too, we were not able producers of $50 million in my State leagues joined in support of the amend- to sustain that provision in negotia- alone in 2005. Corn producers are re- ment, just as I am so disappointed that tions with the House counterparts on porting that their crops will be 20 per- it is not finally included in the con- the Committee on Appropriations. cent below average. Sugar beet growers ference report before us. When across in my State of Colorado will see a de- our State the fires start burning during We did have difficulty in expanding cline of almost 50 percent. Farm fuel this summer, I will again remind my the provisions beyond the narrow re- has increased 79 percent from where it colleagues that we had a chance to quest the President made for funding was in September of 2004. It cost $2.60 a avert this disaster and to address this for the Departments of Defense and gallon in September 2005. It was $1.40 in emergency we know exists, and again State to continue to wage a successful December 2004, and we expect it will we were not able to do so. But on this war against terror and to provide need- probably be higher this September of point, too, I will not give up. I do not ed assistance in the gulf region for fur- 2006. One of my constituents, a farmer believe our Senate should give up. We ther recovery efforts and rebuilding ef- in Kit Carson County, a very rural and should keep fighting to address the ur- forts as a result of Hurricane Katrina. very remote place in the eastern plains gent threat and the underlying causes Those were the limitations. of Colorado, estimated that he will of the tremendously dangerous wildfire The President had threatened to veto need an additional $46,000 to cover the situation in which Colorado commu- the bill if it contained any more than increased cost of fuel alone this year. nities and communities across America had been requested by the administra- I have often heard here on this Sen- find themselves. That truly is a dis- tion for urgent supplemental funding. ate floor that rural America is ‘‘the aster emergency we face. We were over the barrel, as they say. In forgotten America.’’ I very much agree Finally, I regret that almost $650 negotiations with the House, this is the with that characterization of rural million in funding for important port best we could do. America. The conference committee, security programs included in the Sen- The conference agreement is the re- faced with the looming threat of a ate-passed version was left out of this sult of a lot of hard work and com- Presidential veto and pushed by House conference report. Those funds would promise, as well, between the House leadership which is out of touch with have been used to pay for new imaging and the Senate. The bill provides criti- rural constituencies, abandoned this machines to allow inspectors to look cally needed funding to our troops and opportunity for a renewed commitment inside cargo containers as they arrive helps continue the recovery as a result to rural America. in American ports, to add Customs in- of the damages sustained in Hurricane I will join with my colleagues, both spectors at dozens of foreign ports, and Katrina. The funding level meets the Democrats and Republicans, in making to place more U.S. Coast Guard inspec- requests of the administration. We will sure we do not abandon rural America. tors at foreign and domestic ports. look at the other needs in agriculture I will continue to stand with the hard- These should be high priorities, espe- and other areas in the regular fiscal working folks of rural America and cially given the bipartisan concern year 2007 funding cycle. with my colleagues who understand the about foreign ownership of U.S. ports hardships that are faced in more than and the fact that port inspectors cur- We are having hearings now through- 50 percent of the counties of our great rently check less than 5 percent—that out our Committee on Appropriations State. is less than 5 percent—of the more than and the subcommittees that have juris- The drought in my State of Colorado 11 million containers that enter Amer- diction over these different areas of re- has not miraculously ended in 2006. It ican ports every year. As a cosponsor sponsibilities. I am assured we are continues. Flooding and other natural of the Greenlane Maritime Cargo Act, a going to do our best to continue to disasters are still affecting producers bipartisan bill to shore up our port se- meet the needs of production agri- across the country. Therefore, my col- curity system, I regret the action that culture around the country. It is a leagues and I will be back, and again has been produced by this conference vital industry. It is the most important we will push for agricultural disaster report, stripping it of the $650 million industry in my State, surely. More peo- assistance to ensure that our farmers we included in the bill for port secu- ple are involved in agriculture and in and ranchers in rural communities rity. processing agricultural commodities have a real voice here in Washington, In conclusion, I will vote for the than any other economic activity. DC. emergency supplemental because it is I share the Senator’s concerns and I am also deeply disappointed that a before the Senate and we must make assure him we will work to identify the small but very important amendment I sure we are reconstructing the gulf needs in his State and around the coun- authored—an amendment that was ac- coast and supporting our men and try as we go through the appropria- cepted by the Senate—was stripped in women in uniform. However, the sup- tions process during this next fiscal conference. That provision would have plemental emergency conference report year. I thank the Senator for his com- increased the funds available to deal is flawed because it does not do what it ments. with the wildfire season which is upon should be doing for farmers and ranch- I yield the floor and suggest the ab- us right now and particularly to ad- ers who have been dealing with disaster sence of a quorum. dress the hazards presented by the emergencies, and it does not take care The PRESIDING OFFICER. The massive infestation of beetles that has of the looming fire emergency we will clerk will call the roll. turned vast swaths of our forests into face across America over the summer swaths of dry fuel for wildfires. The assistant legislative clerk pro- months. ceeded to call the roll. There was never any doubt in my I yield the floor. mind or in the minds of the people of The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, I ask the West that this was, in fact, an ator from Mississippi. unanimous consent that the order for emergency situation we face. There Mr. COCHRAN. Mr. President, we are the quorum call be rescinded. was never any doubt that these re- happy to have an indication of support The PRESIDING OFFICER (Mr. sources were needed—and they are for the conference report from the dis- THUNE). Without objection, it is so or- needed at this time. tinguished Senator from Colorado. dered.

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.083 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5765 Mr. COCHRAN. Mr. President, I ask his due. Gov. Bob Wise and both houses My first encounter with Senator unanimous consent that the Senate re- of the West Virginia General Assembly BYRD, I will never forget. Right over sume consideration of the pending con- named him ‘‘West Virginian of the 20th there at that desk, 51⁄2 years ago, I rose ference report on Wednesday imme- Century,’’ and he is striving now for to make my maiden speech in the Sen- diately following morning business. I the 21st century. ate. In the course of that speech to a further ask consent that there be 25 He is an individual who is a self-made fairly empty Chamber of the Senate, I minutes of debate controlled by the man, starting off in war industries in a happened to mention that it was my chairman and 75 minutes controlled by shipyard, and earning his law degree maiden speech. In a few moments, sud- the ranking member. I further ask con- cum laude from American University denly the doors of the Senate flung sent that following the use or yielding while a Member of the United States open and in strode Senator BYRD. He back of time, the conference report be Congress. He is also someone who rec- sat down at his desk and listened very set aside, and further that at 10 o’clock ognizes the need for education of oth- politely and patiently as I continued a.m. on Thursday, June 15, the Senate ers. He created the Robert C. Byrd Na- my first oration in this tremendous, proceed to a vote on the adoption of tional Honors Scholarship. This schol- most deliberative body. As I finished, the conference report to accompany arship provides opportunities for young Senator BYRD stood and said, ‘‘Would H.R. 4939, the emergency supplemental Americans to pursue education as he the Senator from Florida yield?’’ I appropriations bill, with no further in- has pursued his education. said, of course, ‘‘I yield to the distin- tervening action or debate. He is a historian—a historian of this guished Senator from West Virginia.’’ The PRESIDING OFFICER. Is there Senate and the Roman Senate. In fact, He proceeded to give a history of the objection? his 3,000-page ‘‘History of the United Senate about maiden speeches. He told Without objection, it is so ordered. States Senate’’ is the premier history how, in the old days, when word would f of this August body. He is a defender, a get out that a new Senator was going supporter, and, in some cases, the liv- to give his first speech, all of the other MORNING BUSINESS ing embodiment of the United States Senators would gather around because Mr. COCHRAN. Mr. President, I ask Constitution. He carries it with him they wanted to hear what the new Sen- unanimous consent that there now be a everywhere and every time. He is some- ator was saying. Of course, you can period of morning business, with Sen- one who not only talks about the Con- imagine what an impression this made ators permitted to speak for up to 10 stitution, but on the floor of this Sen- on this new Senator 51⁄2 years ago by minutes each. ate and in this country defends it each not only the conscience of the Senate The PRESIDING OFFICER. Without day. but the historian of the Senate, the objection, it is so ordered. He is an individual of great promi- keeper of the rules of the Senate, the f nence. He is an individual of great hu- distinguished Senator from West Vir- ginia. And, of course, he passed a mile- TRIBUTE TO SENATOR ROBERT manity. stone yesterday. All of us are proud for BYRD There is only one fact, I think, that is dimming this very special occasion him, and we are exceptionally proud Mr. REED. Mr. President, on Mon- for the Senator, and that is, it is not for this institution, that it would have day, Senator ROBERT BYRD of West Vir- being shared by his beloved wife Erma a Senator such as the distinguished ginia reached an extraordinary mile- Ora Byrd. But she is looking on this senior Senator from West Virginia. stone: 17,327 days in the United States day with the same satisfaction, the I want the Senate to know that this Senate, almost 48 years. He has cast same sense of accomplishment. Senator is very privileged that he has over 17,000 rollcall votes. His congres- It is only fitting to close with a had the opportunity not only to call sional career has spanned the tenure of quote from Senator BYRD because I can him a friend and colleague but that 10 Presidents, beginning with President in no way match his oratorical skills. this Senator has had the opportunity Dwight David Eisenhower. In West Vir- In September 1998, he addressed the to sit at his knee and try to soak up ginia, he has run 14 times and never history of the Senate and he said: the wisdom of the years, the excep- lost. Clio being my favorite muse, let me begin tional historical knowledge of this in- He has served for over 60 years in this evening with a look backward over the stitution and the extraordinary knowl- both the House and the Senate and well-traveled roads of history. History al- edge of history of planet Earth that the other public service. This year he is ways turns our faces backward, and this is as Senator brings to this Chamber. running for his unprecedented ninth it should be, so that we might be better in- Mr. LAUTENBERG. Mr. President, I term as a United States Senator from formed and prepare to exercise wisdom in rise to talk about a significant event West Virginia. Suffice it to say, he is dealing with future events. that took place yesterday in the U.S. the longest serving Senator in the his- His grasp of the past has given him a Senate, and that is the fact that we tory of West Virginia, as he is in the wise and insightful view of the future. have now a new longest serving U.S. history of the United States. He is the He has always encouraged us to learn Senator in the history of our country. only person in West Virginia to carry our history and then practice our his- Senator BYRD nears the end of his every county in the State, all 55. He tory to shape the future of this country eighth term here in the Senate but has run unopposed for the Senate be- in this Hall of the Senate. holding more than just another signifi- cause of the regard, the respect, and, He has stood tall on so many occa- cant record. His contribution to our indeed, the affection of the people of sions, but most notably I think was in country has been almost beyond com- West Virginia. October 2002. With an iron will and ar- pare. He already holds Senate records He is 88 years old. He is not slowing ticulate voice, he questioned the policy for the most leadership positions held down, he has never slowed down, and he of this Government as we entered this and for the most rollcall votes cast, will keep it up. As a Member of the fight in Iraq. over 17,600 and still counting. Senate, he has been a leader—Demo- History, I think, will record his wis- Starting in 1946, Senator BYRD has cratic whip, majority and minority dom, his decency, and his contribution run in 14 elections for the West Vir- leader, chairman of the Appropriations to the country. Although I am a day ginia House of Delegates, the State Committee, and President pro tempore late, I hope I am not a dollar short. Senate, the U.S. House of Representa- of the Senate on two occasions. Congratulations to Senator BYRD on tives, and the U.S. Senate. He inspires In everything he has done, he has his model accomplishment. the envy of all of us because he has been a champion of the Constitution Mr. NELSON of Florida. Mr. Presi- won all of these races, and I have no and the people of West Virginia. He se- dent, I join our colleagues in the acco- doubt that voters in West Virginia will cured billions of dollars in funding for lades and commendation for our col- reelect him to a ninth Senate term this his home State, and he has been a lead- league, the senior Senator from West fall. That is going to enable him in De- er on mine safety and other issues that Virginia. I believe there is no other cember of 2009 to pass the record that are so closely tied to his constituents. Senator who commands the respect and Carl Hayden has as the longest serving In May 2001, Senator BYRD was given the admiration and the love of fellow Member of Congress in United States the award that everyone recognizes is Senators as does Senator BYRD. history. But BOB BYRD is not here

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.085 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5766 CONGRESSIONAL RECORD — SENATE June 13, 2006 merely to set and break records. He is U.S. Senator. He has never wavered in this incredible memory of so many here to serve the people of West Vir- his defense of our institution. All things, and he can relate them wonder- ginia and all Americans, and he has Americans are deeply indebted to him fully. done so admirably. for that dedication and loyalty. At a I come out of the computer business. Senator BYRD is a testament to the time when the current administration Until I got here and got to know BOB values of hard work and perseverance. is intent on usurping powers that the BYRD, I didn’t realize that there is Almost from the start, he has had a Founding Fathers reserved for Con- someone who has the knowledge, the hard life, but he has triumphed. His gress, we need Senator BYRD more than database, the information that is very mother died from the 1918 flu pan- ever, his reminders to all of us about difficult to find in other than very demic, when Senator BYRD was just an what is appropriate in terms of obeying large capacity computers. infant. His aunt and uncle raised him the rules and the procedures we have Mrs. MURRAY. Mr. President, I do in the hardscrabble coalfields of West adopted, but more importantly, the want to talk for a minute about Sen- Virginia during the Great Depression. honor that this institution has devel- ator BYRD and recognize he has set a He was the valedictorian of his high oped over more than 200 years. record in the Senate, as many of my school class, but he couldn’t afford to Senator BYRD has demonstrated that colleagues have noted on the floor. go to college. After high school, Sen- fearlessly standing on principle, even He marked his 17,327th day in office ator BYRD went to work. He pumped when it is unpopular, is the key to a yesterday and became the longest serv- gas, sold produce, became a meat cut- successful political career and in life ing Senator in history. That is truly a ter and welder. During World War II, he generally. His concern for his State remarkable accomplishment, and I per- helped to build Liberty and Victory and his constituents, and his ability to sonally have many fond memories of ships in the Baltimore and Tampa ship- deliver for them, are legendary. But working with Senator BYRD and look forward to many more. yards. above all, Senator BYRD has stood up I remember well when I came here as Following the war, he began his ca- for the Constitution. He is what we a freshman Senator 131⁄2 years ago. reer as an elected official, winning a refer to as a Senator’s Senator. We are Senator BYRD at the time brought in seat in the House of Delegates in West truly fortunate to have him here, and all of us freshmen Senators to sit Virginia. In 1952, he was elected to the we are truly privileged to serve with across from him in his very important first of three terms in the U.S. House him. He is also a wonderful colleague. office and looked down at us and told of Representatives. In 1958, he was He never forgets a birthday or other us that we would be presiding, as is the elected to the U.S. Senate. In his races important occasion, never fails to re- Presiding Officer today, and told us since then, he has carried all 55 of West mind us of the beauty of the seasons. about our responsibilities and made it Virginia’s counties. In the year 2000, he Yesterday his service here in the very clear he would be watching from won all but seven of West Virginia’s Senate reached 17,327 days, a record for his office, and if we were reading any 1,970 precincts. What a record. It is which he can be appropriately proud. I other material or talking to anyone it hard to find one that compares in any know that day was bittersweet because would be noted. way to the allegiance that he has had it also marked the birthday of his be- I certainly did remember that during from the constituents in West Virginia loved wife, Erma Ora James, his high the many hours I spent in the Pre- who not only send him back here but school sweetheart, and a coal miner’s siding Officer’s chair because I knew he love him as their representative at the daughter. We were all so sad when was watching. But I think it was a sim- same time. Erma passed away this past March, ple reminder to all of us as to the im- It just wasn’t winning elections. Sen- just 2 months shy of their 69th wedding portance of the office we hold here and ator BYRD could have rested on his lau- anniversary. Their love for each other, the respect we have to have for our col- rels, but that is not his style. His life their respect for each other, was an in- leagues. and career have been a relentless pur- spiration to every one of us. I remember as well that he invited suit of self-improvement. In 1963, after Senator BYRD’s record-setting day me to lunch several months later with 10 years of taking classes at night, Sen- yesterday was tinged with some sorrow the Senator from Oregon, Mr. Hatfield, ator BYRD earned his law degree cum and reflection, but I hope he can take a Republican, to sit down and talk with laude from American University. He comfort in knowing that so many peo- me about the responsibilities I had as a didn’t have to do that because he ple here in the Senate and all across Senator. And I was so impressed sitting wasn’t going to become a lawyer, but America hold him in such high regard. in the room with Senator BYRD and he thought it would make him a better I would like to borrow a page from Senator Hatfield, never in my life ex- person and a better Senator. Senator BYRD by quoting Shakespeare, pecting to have that kind of oppor- Senator BYRD is a great example to who in ‘‘Twelfth Night’’ wrote: tunity. And at that meeting they im- all of us, but he is especially inter- Some are born great, some achieve great- pressed upon me the importance of esting for America’s young people for ness, and some have greatness thrust upon working across the aisle and respect three reasons. First, he is truly a self- them. for the minority and how important made man. Nothing has been handed to Senator BYRD has achieved greatness everybody’s voice is here. It was an im- him. He has earned it all. He knows in the U.S. Senate. He achieved it portant lesson and one I think we all what it is like to be poor, and he knows through his tireless service to the peo- should be reminded of more often. what it is like to do hard manual labor. ple of West Virginia and his fearless de- But just that simple act of inviting That is why he has always been the fense of the Constitution of the United me to lunch with two incredible leaders working man’s champion. States of America. The Senate and the in the Senate is a memory I hold dear, Second, he is always striving to learn Nation are far better for his efforts. We and I thank my colleague for doing more and do more. No other Senator wish him well, a continued ability to that. can match his extensive knowledge on serve, and look forward to hearing But, frankly, I think what I most so many subjects or can recite so many from him when he talks about subjects will remember Senator BYRD for—and passages from the Bible or from Roman that are so familiar to him and yet are is a good reminder to all of us, too—is history or from Shakespeare and other so far removed from the typical daily several years ago when my husband playwrights and poets. Senator BYRD thought that we run into. came out here to Washington, DC—he isn’t content merely to memorize what Senator BYRD, when I first came lives in Washington State. I go home others have written. He literally wrote here, invited me into his office. He de- every weekend. But he came out here the book on the history of the U.S. livered a treatise on the former rulers because it was our wedding anniver- Senate. No one can match his knowl- of Great Britain, the Kings of England. sary, and instead of me having to fly edge of Senate rules, precedents, and From memory, he recalled the length home, he flew out here. He was coming parliamentary procedure. of their term, how they died, who suc- up the steps of the Capitol, and I met Finally, Senator BYRD is a shining ceeded each and every one of them. I him as Senator BYRD was walking out example to all of us because of his sat there feeling like I was back in the to his car. steadfast commitment to principle, es- university or even earlier than that, Senator BYRD saw my husband, and pecially with regard to the role of a because he had this incredible and has he said: Welcome. Nice to have you

VerDate Aug 31 2005 01:03 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.030 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5767 here at this end of the country. What Lives of great men all remind us ROBERT BYRD, who yesterday officially brings you here? We can make our lives sublime, became the longest serving Member in And my husband said: Well, it is our And, departing, leave behind us the history of the Senate. wedding anniversary. Footprints on the sands of time As of June 12, 2006, Senator BYRD had And Senator BYRD, who, as we well Senator BYRD is a great man. His officially served West Virginia in the know, lost his beloved wife just a few dedication to duty, his love of country, Senate for 17,327 days. That is an as- short weeks ago, was about to cele- and his devotion to his family are ex- tounding 471⁄2 years since he took office brate I think it was his 67th wedding amples to us all. He leaves footprints on January 3, 1959. It was a time when anniversary. He looked at my husband in the very soil of this Nation that a postage stamp cost $0.04, gasoline and said: Which anniversary is this? have and will continue to shape—for was $0.25 per gallon, and you could buy And my husband said: It is our 32nd. the better—who we are. I am grateful a brand new Ford car for a little over Senator BYRD paused and said: Well, for his friendship and honored to serve $2,100. it is a good start. with him. Senator BYRD has served through 10 I think the message of that is impor- Mrs. BOXER. Mr. President, I rise to Presidencies, statehood for Alaska and tant for all of us in our everyday lives, add my voice to the chorus of praise for Hawaii, wartime and peacetime, sur- in our responsibilities as spouses, and an extraordinary member of this insti- plus and deficit, the dawn of space as Senators, to remember it is a good tution—my dear friend from West Vir- travel and the advent of the Informa- start every day, and you can’t rest on ginia, Senator ROBERT BYRD. tion Age. And, as I stand here today, I your laurels and think back: Well, we What a pleasure it has been to serve have to chuckle at the fact that when have done this for 32 years. The next 32 with Senator BYRD. I was just beginning the first grade, will be easy. Every day you have to I am constantly inspired by his Senator BYRD was already serving his come out and work hard at whatever grace—his brilliance—and his un- second term in the Senate. role you are in at the time. matched work ethic. However, the indelible mark he has I certainly say to my good friend, Today we honor Senator BYRD for left on this institution has more to do Senator BYRD, how much I respect him reaching the milestone of longest-serv- with the quality of his service than the and admire him. And today, as he ing Senator in history—8 terms—48 length of his service. Senator BYRD has marks his 17,328th day in office, I say years—and 17,666 votes. a deep love for his beloved home state to him: It is a good start. These are stunning numbers, but this of West Virginia, for the institution of Mr. KOHL. Mr. President, I rise to legend is much more than the Cal the U.S. Senate, and for our country. pay tribute to Senator BYRD, a man I Ripken, Jr., of the Senate. Always ready with a copy of the Con- am honored to call colleague and Longevity is only part of the story. stitution in his pocket, Senator BYRD friend. We know him best for his intellect, his understands just how sacred this docu- Senator BYRD is a hero and a pa- devotion to the people of West Vir- ment truly is, and he fights every day triot—as noble and eloquent as the ginia, and his reverence for the institu- to protect it. great Senators—from Cicero to Richard tion of the Senate; for keeping a copy He literally wrote the book on the B. Russell—of whom he has taught us of the Constitution in his breast pock- rules and traditions of the Senate, and all so much. He is a living example of et—next to his heart—at all times, not he teaches by example, offering the the great opportunity in America. He for symbolism but for constant coun- kind of eloquent, principled debate is a living tribute to the preeminence sel, for having served beside 11 Presi- that has historically filled this Cham- of our constitutional democracy. dents—both Democrat and Republican; ber. His speeches are honest and heart- Senator BYRD lives to serve the peo- for standing with them when their felt, with a Shakespearean rhythm, ple of West Virginia who sent him here, cause is just—yet never backing down peppered with stories from his boyhood just as he would die to protect the Con- from a fight with any President when in the coalfields of Appalachia. He is stitution that guides his every step. It he believes important principles are at never shy about scolding colleagues is his duty and joy to use his pro- stake, particularly when our role as a when they put politics before principles digious legislative skill for West Vir- coequal branch of government is or when they violate the practices of ginia, and it is West Virginians’ great threatened. this great institution. fortune to be represented by a man who And that is what I admire most about And yet he also exemplifies the cor- knows and does his job so well. Senator BYRD: He always stands on dial tradition of the Senate, dis- Several years ago, Senator BYRD principle and fights for what he be- agreeing without being disagreeable, turned one of my worst days in the lieves, no matter what the odds. and always willing to offer a hand- Senate into one of my best. It was the What an inspiration this has been to shake to a political opponent at the end of session, late in the evening, and me and to so many of us. end of hard-fought debate. He is a man I had lost a fierce battle over dairy pol- What an inspiration—his love of this of integrity, who has demonstrated icy. Most Senators were wandering out country, his integrity, his absolute that an honest search for truth can to make their planes, and Senator dedication to honest and principled lead to a principled change of heart and BYRD stood up. In ringing tones, he government. a desire to seek justice for all. made a short speech about the battle I And what an inspiration—his 68-year I know this remarkable accomplish- just lost. In part, he said: ‘‘He has partnership with his wife Erma—whom ment is a bittersweet one, since Sen- stood up for the people of Wisconsin. I know he misses dearly—and whom I ator BYRD is not able to share it with That is what I like about him. He know is looking down on him today his beloved wife Erma, who passed stands for principle. He stands for his with tremendous pride and love. away in March. Yesterday, the day on people.’’ And it is for these reasons—far more which Senator BYRD set this record, No kinder words have been spoken than for his longevity—that we honor was also Erma’s birthday. It is fitting about me in this Chamber—no accolade him today. that he marks this milestone on the of which I am more proud. Senator But anyone who knows Senator BYRD same day he celebrates Erma’s life, be- BYRD, you too stand for principle. You realizes that these words of praise are cause he has often credited Erma’s un- stand for your people. And that’s what not sought because, despite his well- conditional love and support with sus- I like about you. earned title of Senate Historian—Sen- taining him through his years of serv- I am not an orator like Senator ator BYRD is not one to dwell on the ice. BYRD, and I certainly don’t have the past. He is a forward thinker. When asked last week about achiev- words to say what his friendship has For him, this special day is really ing this milestone, Senator BYRD re- meant to me and what his stewardship just another day at the office. plied that ‘‘records are fine, but what’s has meant to this country. Let me in- Because as ROBERT BYRD knows best important is what I do for the people of stead borrow the words of Henry Wads- of all—there are crucial issues to de- West Virginia.’’ That humble devotion worth Longfellow, a poet Senator BYRD bate. Problems to solve. And many to the people he serves is what brought quotes often here on the floor and often more votes to be cast. ROBERT BYRD to the Senate more than from memory. I’m sure he knows this Mr. OBAMA. Mr. President, I rise 47 years ago, and it is what continues one, too: today to honor my friend and colleague to drive him each and every day.

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.068 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5768 CONGRESSIONAL RECORD — SENATE June 13, 2006 After I was sworn in last January, A lot of thoughts came to mind. In his diary, Maclay was even more one of the first Senators I met with Warm. Courteous. Kind. biting about attempts to establish was Senator BYRD. We sat down in his Hardworking. Humble. Humorous. lofty titles because he thought they hideaway on the first floor of the Cap- Both well read and an accomplished violated both the letter and the spirit itol. After we posed for a few photo- author well worth reading. of the Constitution. graphs, I inquired after his wife, who I But none of these were quite right. I He wrote: had heard had taken a turn for the still hadn’t grasped the subject. ‘‘Never will I consent to straining the Then an image hit me, the image of worse, and asked about some of the fig- Constitution, nor will I consent to the Senator BYRD reaching into his coat ures in the many photos that lined the exercise of doubtful power. We come pocket for that copy of the Constitu- walls. Eventually I asked him what ad- here the servants, not the lords, of our tion he always keeps by his heart. constituents.’’ vice he would give me as a new member That was it. I knew I had grasped my Now does that sound like anybody we of the Senate. subject. know? ‘‘Learn the rules,’’ Senator BYRD Time after time, Senator BYRD has said. ‘‘Not just the rules but the prece- taken this floor to remind us we have Looking toward the future, Senator dents as well.’’ He pointed to a series of duties beyond our parties, beyond our Maclay went on to write: thick binders behind him, each one af- passions, beyond our personal philoso- ‘‘The new government, instead of fixed with a hand-written label. ‘‘Not phies. being a powerful machine whose au- many people bother to learn them Our overwhelming duty is to our Na- thority would support any measure, these days. Everything is so rushed, so tion’s Constitution and the unique re- needs help . . . and must be supported many demands on a Senator’s time. sponsibilities it assigns each House of by the ablest names and most shining But these rules unlock the power of the the legislative branch. characters which we can select.’’ Senate. They’re the keys to the king- In particular, Senator BYRD con- I believe everyone here agrees that dom.’’ stantly reminds us that our duty as Senator BYRD embodies the ‘‘shining We spoke about the Senate’s past, Senators is to be the more deliberative character’’ and dedication to the Con- the Presidents he had known, the bills of the two legislative bodies as the stitution that the first Senator of the he had managed. He told me too many Framers envisioned this Chamber to first Senate thought would be crucial Senators today became quickly fixated be. Federalist No. 62 says the Senate to the new Nation’s success. on reaching the White House, not un- should be a body that does not ‘‘yield I also believe Senator BYRD has done derstanding that in the constitutional to the impulse of sudden and violent so by following the advice of that an- design it was the Senate that was su- passions’’ or be ‘‘seduced into per- cient Roman Senator who he has preme, the heart and soul of the Repub- nicious resolutions.’’ quoted so often, Cato the Elder. Sen- lic. So I thought about the history of this ator BYRD has truly grasped his sub- ‘‘So few people read the Constitution Senate. And I would like to reflect on ject—the Constitution—and the words today,’’ Senator BYRD said, pulling out the very first Senator, William Maclay have followed for nearly half a century. a pocket copy from his breast pocket. of Pennsylvania, because his spirit is I hope his words will continue to en- ‘‘I’ve always said this document and alive today in Senator BYRD. Senator lighten this Senate and this Nation for the Holy Bible, they’ve been all the Maclay became known among his col- years to come. guidance I need.’’ leagues as a stickler for following the Senator BYRD, thank you. On many occasions over the past Constitution, which sometimes put Mr. BAUCUS. Mr. President, the year and a half, I have remembered him at odds with those same col- Book of Proverbs says: ‘‘The silver- these wise words as I have performed leagues. He also kept a meticulous haired head is a crown of glory.’’ my duties in the Senate. diary of the proceedings of that first Today, the crown of glory rests upon I am proud to call ROBERT BYRD a Senate. the silver-haired head of our dear colleague, a friend, and a mentor. I One of the earliest debates in the friend and colleague, ROBERT C. BYRD. congratulate him on this remarkable first Senate was over what to call For yesterday, he became the longest- achievement and wish him all the best George Washington. It is hard to imag- serving Senator in the history of the for many more years of service to our ine now, but there were many back Senate. country. then who thought that ‘‘President of Senator BYRD has served in the Sen- Mr. LIEBERMAN. Mr. President, I the United States’’ was not a fitting ate since January 3, 1959. That is rise to pay tribute to my friend and title, that something grander was need- longer than there have been 50 States colleague, Senator ROBERT C. BYRD, ed. in the Union. That was before Charles who today, on his 17,327th day in office, A Title Committee was appointed in de Gaulle was President of France. becomes longest serving Member of the the Senate to consider titles such as, That was before NASA had astronauts. Senate. Your Elective Highness, and His High- Senator BYRD has served as Senator As I thought about Senator BYRD’s ness, the President of the United during the terms of 10 Presidents, 9 remarkable career, I wondered: What States and Protector of the Rights of majority leaders, and 8 Speakers of the can I say that would properly honor his the Same. House of Representatives. long labors in service to this Senate And those were some of the more For 12 years, Senator BYRD served as and this Nation? modest proposals. The Senate also the leader of Senate Democrats. He I decided to look back in history, the thought about giving special, nobility- served as majority leader, minority history that Senator BYRD has quoted style titles to members of the execu- leader, and then majority leader again. time and again, and seek the advice of tive branch. Senator BYRD has served as the Sen- other Senators known for their ora- Senator Maclay found this absurd ate’s historian, elder statesman, and tory. And while many great speakers and in violation of the Constitution. He conscience. have blessed the United States Senate waited for someone else to speak out. Senator BYRD has zealously defended over its history, including Senator But when no one else did, the very first the power of the purse. Senator BYRD BYRD, I found wisdom in the advice of Senator of the very first Senate rose has zealously defended the Senate. And the great Roman Senator and orator, and said: Senator BYRD has zealously defended Cato the Elder. ‘‘Mr. President, the Constitution of the Constitution of the United States. He said: ‘‘Rem tene; verba the United States has designated our But notwithstanding his having held sequentur.’’ (rem TEN-ay WHEREba chief magistrate by the appellation of the high rank of Senator for longer seKENtoor)—‘‘Grasp the subject, the President of the United States of than any human being, Senator BYRD words will follow.’’ America. This is his title of office. We has never forgotten whence he came. So I sat back and thought about Sen- cannot alter, add to, or diminish it Senator ROBERT C. BYRD grew up in ator BYRD, both over his long career without infringing on the Constitution. the bituminous coalfields of West Vir- that I have read about, and the 18 years As to grades of order or nobility, noth- ginia, graduated from high school class I have been privileged to work with ing of the kind can be established by in the depths of the Great Depression, him as a colleague. Congress.’’ and worked pumping gas, selling

VerDate Aug 31 2005 01:08 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.044 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5769 produce, cutting meat, and welding unit, was killed during combat oper- mentally disabled young adults at the ships. Even though Senator BYRD ations in Baghdad, Iraq, when an im- Beatrice State Development Center in reached the zenith of power, Senator provised explosive device detonated Beatrice, NE. He was a member of De- BYRD has always remained a man of near his military vehicle. Captain tachment 1, 308th Transportation Com- the people. DiCenzo’s awards and decorations in- pany based in Lincoln, NE. Private Senator ROBERT C. BYRD is an assid- clude the Bronze Star, Purple Heart, Slaven will be remembered as a loyal uous pursuer of knowledge, a tenacious Army Commendation Medal with two soldier who had a strong sense of duty, friend, and a man of deep, abiding Oak Leaf Clusters, Army Achievement honor, and love of country. Thousands faith. Medal with three Oak Leaf Clusters, of brave Americans like Private Slaven Now Senator BYRD surpasses in National Defense Service Medal, Iraq are currently serving in Iraq. length of service the likes of Strom Campaign Medal, Global War on Ter- Private Slaven is survived by his Thurmond, Carl Hayden, John Stennis, rorism Medal, Army Service Medal, mother, Judy Huenink of Plymouth, Russell Long, and Richard Russell. And Overseas Service Ribbon, Combat In- NE; father, Bruce Slaven of Beatrice, now Senator BYRD stands in quality of fantry Badge, Expert Infantryman NE; and sister, Misti Slaven. Judy and service with the likes of Daniel Web- Badge, Parachutist Badge, Ranger Tab, Bruce both served in the Air Force, and ster, John Calhoun, Henry Clay, Robert Army Presidential Unit Citation, and Misti is training to be a medical lab La Follette, and Robert Wagner. Army Valorous Unit Award. technician in the Army Reserve at I thank almighty God that for more Patriots from the State of New Fort Bliss, TX. Our thoughts and pray- than 47 years, Americans have been Hampshire have served our nation with ers are with them at this difficult time. able to call him ‘‘Senator.’’ I thank honor and distinction from Bunker Hill America is proud of Private Slaven’s God that for more than 27 of those to Baghdad—and U.S. Army CPT Doug- heroic service and mourns his loss. years, I have been blessed to serve here las A. DiCenzo served in that fine tra- I ask my colleagues to join me and with him. And I thank God that for dition. Captain DiCenzo was a well-re- all Americans in honoring PVT Ben- more than 27 years, I have been blessed spected and natural leader who exem- jamin J. Slaven. to call him ‘‘friend.’’ plified the principles of the U.S. Mili- LANCE CORPORAL BRENT ZOUCHA f tary Academy at West Point—duty, Mr. President, I also wish to express honor, country. This optimistic, pas- my sympathy over the loss of U.S. Ma- HONORING OUR ARMED FORCES sionate, and patriotic American dem- rine Corps LCpl Brent Zoucha from Ne- CAPTAIN DOUGLAS A. DI CENZO onstrated the virtues extolled in the braska. Lance Corporal Zoucha died of Mr. GREGG. Mr. President, I rise Cadet Prayer, ‘‘Encourage us in our en- wounds received while conducting com- today to pay tribute to U.S. Army CPT deavor to live above the common level bat operations in Al Anbar province, Douglas A. DiCenzo, of Plymouth, NH, of life. Make us to choose the harder Iraq on June 9. He was 19 years old. a brave American who has made the ul- right instead of the easier wrong, and Lance Corporal Zoucha was a lifelong timate sacrifice in service to our coun- never to be content with a half truth resident of Clarks, NE and graduated try. when the whole can be won. Endow us from High Plains Community High Douglas, or Doug to his family and with courage that is born of loyalty to School in 2005. In high school, he was a friends, graduated from Plymouth Re- all that is noble and worthy, that standout athlete, earning second place gional High School in 1995. While there, scorns to compromise with vice and in- in the high jump at the 2005 State he gave us a glimpse of the characteris- justice and knows no fear when truth track meet. He was also named honor- tics that would later make him a re- and right are in jeopardy.’’ CPT Doug- able mention to the Omaha World-Her- markable soldier. He was a scholar-ath- las DiCenzo was dedicated to serving ald’s all-Nebraska basketball team. lete in the truest sense. He exemplified his country in these chaotic and vio- Lance Corporal Zoucha enlisted in the leadership as class president, captain of lent times because he thought it was Marine Corps while still in high school both the football and wrestling teams, his duty to do this. and served with his brother, CPL and an all-state offensive guard for the My heartfelt sympathy, condolences, Dyrek Zoucha, in the same unit in State champion Bobcat football team. and prayers go out to Doug’s wife Ni- Iraq. He was a member of the 1st Bat- Daniel Webster said, ‘‘God grants lib- cole and their 18-month-old son Dakin, talion, 7th Marine Regiment, 1st Ma- erty only to those who love it, and are as well as to Doug’s parents, Larry and rine Division, I Marine Expeditionary always ready to guard and defend it.’’ Cathy, his brother Daniel, and his fam- Force, Twentynine Palms, CA. Lance In this spirit, after high school, Doug ily and friends who have suffered this Corporal Zoucha will be remembered as earned an appointment to the U.S. grievous loss. The death of Doug, only a loyal soldier who had a strong sense Military Academy at West Point, NY. 30 years old, on a battlefield far from of duty, honor, and love of country. Upon graduating with his fellow cadets New Hampshire is also a great loss for Thousands of brave Americans like as a second lieutenant with the Class of our State, our Nation, and the world. Lance Corporal Zoucha are currently 1999, he earned an assignment as an Although he will be sorely missed by serving in Iraq. Army infantry officer. Subsequently all, his family and friends may sense Lance Corporal Zoucha is survived by Doug completed the arduous infantry some comfort in knowing that because his mother, Rita; brothers, Dyrek and officer, Army Airborne, and Ranger of his devotion, leadership, sense of Dominic; and sister, Sherri, of Duncan, courses. Next came a tour of duty to duty, and selfless dedication, the safety NE. Our thoughts and prayers are with Fort Wainwright, AK, 2nd Battalion, and liberty of each and every American them at this difficult time. America is 1st Infantry Regiment, beginning as a is more secure. May God bless CPT proud of Lance Corporal Zoucha’s he- platoon leader with B Company, Mor- Douglas A. DiCenzo. roic service and mourns his loss. tar Platoon Leader for Headquarters PRIVATE BENJAMIN J. SLAVEN I ask my colleagues to join me and and Headquarters Company, executive Mr. HAGEL. Mr. President, I wish to all Americans in honoring LCpl Brent officer for C Company and then bat- express my sympathy over the loss of Zoucha. talion maintenance officer. Then, in U.S. Army PVT Benjamin J. Slaven PRIVATE TIM MADISON July 2004, Doug was assigned to Head- from Nebraska. Private Slaven died Mr. President, I further express my quarters, V Corp in Germany and a when an improvised explosive device sympathy over the loss of U.S. Army year later was assigned to command detonated near his vehicle while on pa- PVT Tim Madison from Nebraska. Pri- the 150 soldiers of C Company, 2nd Bat- trol in Ad Diwaniyah, Iraq on June 9. vate Madison was killed in a training talion, 6th Infantry Regiment 2nd Bri- He was 22 years old. exercise at Fort Carson, CO, on June 8. gade, 1st Armored Division, based in Private Slaven grew up in Plymouth, He was 28 years old. Baumholder, Germany. NE and received his high school equiva- Private Madison grew up in Bellevue, In November 2005, he deployed with lency diploma from Southeast Commu- NE, and graduated from Bellevue East his unit to Kuwait, and then Iraq, in nity College in 2005. He was deployed to High School in 1997. Private Madison support of Operation Iraqi Freedom. Iraq in March after serving in the U.S. was a loving father of three children Tragically, on May 25, 2006, this brave Army Reserves. Before being deployed, and loved being outdoors. He was a soldier, along with a comrade from his Private Slaven worked with develop- member of the Army’s 2nd Brigade

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.053 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5770 CONGRESSIONAL RECORD — SENATE June 13, 2006 Combat Team, Fort Carson, CO. Pri- owner lives on the coast or lives in- about a $23 billion insurance loss vate Madison will be remembered as a land. This is exactly what has hap- storm. But what really scared the loyal soldier who had a strong sense of pened to the gulf coast as a result of ‘‘bejeebers’’ out of the insurance mar- duty, honor, and love of country. Thou- Katrina. It is what happened in Florida ketplace was the realization that if the sands of brave Americans like Private for the active hurricane year of 2004, in hurricane had turned 1 degree to the Madison are currently serving in the which four hurricanes hit Florida with- north and drawn a bead on the Dade U.S. military. in a 6-week period. As a result, you see County-Broward County line instead of Private Madison is survived by his insurance rates that are absolutely es- south Dade in Homestead, a relatively wife Melissa; children, Hailee, Jona- calating, with the phenomenon that is unpopulated part of Dade County, if it than and Michael of Fort Carson, CO; now occurring in Florida and Gulf turned that 1 degree to the north and parents, Ken Madison, Sr., a retired Air States, including Alabama; Mississippi, hit that more populated area, it would Force master sergeant, and Nancy the home of the distinguished senior have been a $50 billion loss storm, and Madison; brothers, Kenneth Jr., An- Senator from Mississippi, who is on the that would have taken down every in- thony, and Richard; and sister, Chris- floor at the moment; Louisiana; and surance company that was doing busi- tina, all of Bellevue, NE. Our thoughts eventually it will happen to Texas ness in the path of the storm—taken and prayers are with them at this dif- when they get pounded a couple of them down financially. It would have ficult time. America is proud of Pri- times—that is, the phenomenon that drained all of their reserves. vate Madison’s service and mourns his homeowner insurance rates are going That is the circumstance we have loss. through the roof. facing the States of the gulf coast as I ask my colleagues to join me and In addition to that, insurance compa- well as the Atlantic coast today be- all Americans in honoring PVT Tim nies—if they have not gone broke—are cause you put a category 4—by the Madison. bailing out; they are canceling policies way, remember, by the time Katrina hit Louisiana, it was only a category 3. f right and left. Those which are staying are canceling policies, and other insur- Look at what it did to the Mississippi HURRICANE SEASON AND ance companies are canceling all of coast. If you put a category 4, which is INSURANCE COMPANIES their homeowners coverage. The bot- winds up to 145 miles per hour, or a category 5, which is in excess of that, into Mr. NELSON of Florida. Mr. Presi- tom line is that this is a tough time for a concentrated area of high urban den- dent, I wish to address a topic that is homeowners just to be able to afford fi- sity and you have major loss, you will appropriate, since tropical storm nancially the cost of what is known as have insurance companies going down Alberto is on the coast of Florida—in windstorm insurance. the tubes financially. the Big Bend area of Florida—right Now, I rise to tell the Senate about a So what are they doing? They are now. Fortunately, Alberto stayed a package of bills that has been filed but coming to us. Well, the problem is that tropical storm, although there was a one in particular that I suggest to the the Federal level of government has moment last night when the National Senate is a way of addressing not only never dealt with insurance. It was back Hurricane Center thought it was going the pleas of our constituents back in the 1930s that the McCarran-Fer- to become a hurricane, which is 74-plus home, the pleas of insurance compa- guson Act was enacted, which said the miles an hour. nies, the pleas of reinsurance compa- regulation of insurance is going to be Isn’t it interesting that here we are nies, the pleas of insurance regulators, done by the 50 States. And they are in early June—normally, hurricanes the insurance commissioners of the 50 coming to us because of the financial don’t really start brewing up until States, but the pleas particularly of enormity of loss not only to insurance July, and the severe ones don’t start our constituents who are paying the companies but to our respective States brewing up until August and Sep- tab. This is the question: Can any one as well. And, therefore, what do we do? tember. But we see the confluence of insurance company or any one State It is hard to get consensus here because two things. We see not only the active withstand the financial losses we an- we don’t deal in insurance matters, and hurricane cycles the meteorologists ticipate from the megahurricanes of it is hard to get consensus because the will tell you about, that these are 10- the future? The answer to that is no. insurance industry is not unified on and 15-year cycles and hurricanes will That is why they are now turning to what to do. Certainly, the reinsurance become much more active and much the Federal level of government. industry has a different perspective more frequent. When you add that me- May I say that 11 years ago, I was than the insurance industry. The insur- teorological phenomenon to the fact of confronted with one of the toughest ance regulators have another perspec- global warming where, as the Earth’s jobs I have ever had in a lifetime of tive. temperatures rise because of the trap- public service when I was elected the So, after consulting with my dear ping of the greenhouse gases, the rising Florida State treasurer, which is also friend and senior colleague from Mis- of the temperature of the water, the the position of the elected insurance sissippi and with the senior Senator rising of the temperature of the atmos- commissioner of Florida. I inherited from Louisiana, Ms. LANDRIEU, we have phere—the effect of that is more fre- the chaos in the aftermath of the mon- filed a bill modeled after what the quent and more ferocious storms. ster hurricane, Hurricane Andrew, in State of Florida had to do after the Whether that global warming is affect- the early 1990s. It had paralyzed the in- monster mega-hurricane in the nine- ing this particular cycle, I know not. surance marketplace of Florida, not ties, and that was build consensus by But I know that the phenomenon of only in south Florida where the hurri- forming a prestigious commission rep- global warming added to—if we are in a cane hit but the entire State of Flor- resentative across the board of all the 10- or 15-year meteorological phe- ida, because what is happening today peoples and organizations that are af- nomena of hurricane cycles, that can happened in the mid-1990s—companies fected by this enormous question and add all the more to the distress, dis- had gone broke, they were fleeing the ask that commission, that emergency may, and tragedy that the Atlantic and State of Florida, and those which were national commission—which is exactly the gulf coast of the United States will staying were canceling policies right what we did in Florida in 1995. We suffer over the coming number of and left. Companies were asking the informed what we called then the aca- years. surance commissioner for rate in- demic task force headed by presidents That brings me to the subject mat- creases that were being hiked to the of the universities of Florida. They re- ter: the cost of insurance, particularly Moon. It is the same phenomenon we ported back within 3 months. homeowners insurance, which is going have today. We took that package to the State to—if it hasn’t already—become pro- I can tell you that we had to make up legislature. We got the legislature to hibitive for coastal dwellers. It is not the solution as we went because that pass it into law. The law enabled the just coastal dwellers because the insur- kind of financial impact to the insur- insurance commissioner then to help ance rates are spread in a particular ance industry and to the people served the insurance companies restore the way where the property owner will by that industry had never happened. marketplace at affordable prices so the share in the burden of the cost of insur- Andrew was a $16 billion insurance loss people would have available affordable ance no matter whether the home- storm. That, in today’s dollars, is insurance.

VerDate Aug 31 2005 01:08 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.054 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5771 So the three of us—Senator COCHRAN, ering from the disaster that hit our could even harm Florida’s ability to Senator LANDRIEU, this Senator—have State. trade with other citrus-producing filed this bill setting up a national This is bigger than one State, bigger countries. commission under law appointing spe- than our State’s commission that Gov- This industry has long played an im- cific designees that are a broad rep- ernor Barbour has appointed and that portant role in my State’s economy, resentation of the industry, of the is working hard and making a big dif- and the Government has often been problem, to come back to the Congress ference and making us believe that we supportive and helpful, including after and to the executive branch within 90 can recover, and we will recover. That the past two hurricane seasons that days with their recommendation that is a very important part of this situa- were devastating to the industry and then we can deliberate the work prod- tion and this challenge. spread canker extensively, making uct thereof to see if we can have some I think this is a very important step eradication no longer possible. solution as to these dire economic con- to take, and it comes at a time when While the Department of Agriculture ditions that our people, that our we have laid before the Senate now a has helped the industry recover from States, and, in fact, private industry conference report making supple- the storms and with combating canker are facing as we now face another ac- mental appropriations to the Depart- in the past, I am hopeful it will do so tive hurricane season. ments of State and Defense for the war again in a way that does not cause I conclude by saying that we are very on terror, but as far as our current do- more harm than good. happy that the National Association of mestic challenges are concerned, $19 f Insurance Commissioners, that organi- billion to help sustain the recovery and WORLD DAY AGAINST CHILD zation that represents all 50 insurance rebuilding that is underway, recovering LABOR commissioners of our States, plus the from Hurricanes Katrina and Rita that Mr. HARKIN. Mr. President, yester- District of Columbia, plus the Virgin were so devastating to our gulf coast day was the annual commemoration of Islands, plus Puerto Rico, have all region. the International Labor Organiza- Mr. President, I commend the Sen- come together and unanimously en- tion’s, ILO, World Day Against Child dorsed this concept. ator. Labor, the day we set aside to speak We cannot get consensus here be- f out against the fact that millions of cause everybody has a different idea, children around the globe continue to including the industry, but we can take LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2005 be trapped in forced and abusive labor, what happened successfully in Florida often in extremely hazardous condi- Mr. SMITH. Mr. President, I rise and use that model to build consensus tions. today to speak about the need for hate so that we will know what to do and The good news, this year, is that then can pass appropriate legislation. crimes legislation. Each Congress, Sen- child labor is in decline across the Mr. President, I wanted to share this ator KENNEDY and I introduce hate globe. According to the recent ILO re- right as the winds are hitting the State crimes legislation that would add new port, ‘‘The End of Child Labor: Within of Florida from the first named storm categories to current hate crimes law, Reach,’’ released on May 4 of this year, of this hurricane season, the storm sending a signal that violence of any between the years 2000 and 2004, the named Alberto. kind is unacceptable in our society. number of child laborers worldwide fell I yield the floor. Likewise, each Congress I have come to by 11 percent, from 246 million to 218 The PRESIDING OFFICER. The Sen- the floor to highlight a separate hate million. Even better, the number of ator from Mississippi. crime that has occurred in our coun- children and youths aged 5–17 trapped Mr. COCHRAN. Mr. President, I try. in hazardous work decreased by 26 per- thank the distinguished Senator from On June 10, 2006, gay performance cent, declining from 171 million in 2000 Florida for his initiative in bringing artist Kevin Aviance was severely beat- to 126 million in 2004. Among younger this issue in this form to the Senate. I en in New York City. According to re- child laborers, the drop was even sharp- am pleased to cosponsor the legislation ports, Aviance was walking home from er at 33 percent. with him, Senator LANDRIEU, and oth- a local bar when four teens began This is remarkable progress in just 4 ers who may cosponsor this legislation. shouting obscenities and attacked him years’ time. And looking to the future, We are reaching out to the industry from behind. During the attack the ILO report cautiously predicts and to experts in related business ac- Aviance was kicked and punched while that, ‘‘if the current pace of decline is tivities who have experience, a depth of the attackers yelled sexually deroga- maintained, and if global efforts to understanding about this challenge we tory slurs at him. stop child labor continue.’’ We have a face to give us the benefit of their ad- An officer with New York’s Hate real opportunity to eliminate child vice and their counsel. Crimes Taskforce reported that four labor in its worst forms within 10 There are specific recommendations, men were arrested and charged with a years’ time. However, difficult chal- if they can come to a consensus, on hate crime in connection to the attack. lenges lie ahead, especially in agri- how Government can more respon- I believe that the Government’s first culture, where 7 out of 10 child laborers sively address this critical issue. In our duty is to defend its citizens, to defend work. I know this firsthand from my State of Mississippi right now, there them against the harms that come out work trying to end child labor in the are people in limbo trying to decide of hate. The Local Law Enforcement cocoa industry. Child labor is deeply whether they take on the burden of in- Enhancement Act is a symbol that can entrenched in cocoa plantations in creased costs of insurance, of chances become substance. I believe that by Ivory Coast and elsewhere. But, with that they may not get insurance they passing this legislation and changing the cooperation of the chocolate indus- can afford. So rebuilding is slow. Re- current law, we can change hearts and try, we are making progress in fighting covery is slow. Businesses are reluc- minds as well. it. tant to embark upon expansion or re- f Likewise, in the broader fight modeling, refurbishing, rebuilding, re- against child labor, the ILO report constructing from slabs the businesses FLORIDA CITRUS-CANKER verifies that we are on the right track they had in the gulf coast region. QUARANTINE to eliminating abusive and exploitative This is a real dilemma, and it is an Mr. NELSON of Florida. Mr Presi- child labor. The great work of the economic challenge that no one State dent, I rise to call on the U.S. Depart- ILO’s International Program on the can really overcome using the re- ment of Agriculture to reconsider its Elimination of Child Labor, IPEC, real- sources of a State government or a na- recent decision to ban Florida’s citrus ly vindicates the confidence I placed in tional blue ribbon commission, such as industry from shipping fruit to other this program early on. I secured the the one brought together by Haley citrus-producing States, as this deci- first Federal appropriation for the Barbour of Mississippi. Our Governor sion could adversely affect a major seg- IPEC program back in 1996, and over has reached out to the business comment of my State’s economy. the last decade, I have secured a total munity and individuals who have expe- Specifically, the Government ban of more than $323 million for the pro- rience who could be of help in recov- lacks adequate scientific backing and gram. Clearly, that money has made a

VerDate Aug 31 2005 01:08 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.063 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5772 CONGRESSIONAL RECORD — SENATE June 13, 2006 real difference in the lives of children. cency Enforcement Act. As an original the appreciation of the Senate to a It has given them an opportunity to cosponsor of the bipartisan bill, I dedicated public servant at the Con- get an education and to break the cycle strongly support the Senate’s recent gressional Research Service, CRS, of of poverty. unanimous action to add real teeth to the Library of Congress. Larry Q. In August 2005, I visited Pakistan and the broadcast decency laws. The Broad- Nowels is retiring from CRS after more spent time at an IPEC program funded cast Decency Enforcement Act enables than 30 years of service to the Con- by the U.S. Department of Labor to the Federal Communications Commis- gress. This length of public service is combat child labor in the Pakistani sion to significantly increase the fines not only a credit to Mr. Nowels but carpet industry. I was able to sit down on television and radio broadcasters also a demonstration of the dedication and talk with young adults who had who violate the FCC decency rules re- that the staff of the Congressional Re- been laborers in the carpet industry as garding over-the-air public broadcasts. search Service brings in its support of children but had been removed and Specifically, this legislation will in- our work in Congress. given the opportunity to go to school. crease the maximum fine for the broad- Mr. Nowels first joined CRS in 1973 as In Pakistan, the Department of Labor’s cast of obscene, indecent, or profane an information resources assistant, international child labor program has material to $325,000 for each violation, while simultaneously pursuing an ad- helped to ensure that 20,000 children with a cap of $3 million for any single vanced degree in international rela- between the ages of 10–18 have been react or failure to act. This is a tenfold tions at American University. His pri- moved from hazardous work conditions increase over the current maximum mary responsibility at CRS was to help and provided with either nonformal fine per offense. in the management of the Foreign Af- education or vocational training. I The First amendment states, ‘‘Con- fairs Division library, a task for which have also visited child labor rehabilita- gress shall make no law . . . abridging he was well prepared, having worked tion programs in Brazil, Nepal, and the freedom of speech, or of the press.’’ throughout his high school years as a Bangladesh. These visits have showed However, the Supreme Court has deter- library page in Claremont, CA. In a me the incredibly beneficial impacts mined many times that not all forms of very short time he was promoted to di- that governments can make, but I also speech are protected. In fact, the Court vision librarian, then to technical in- realize that industry partnerships are has deemed fit to regulate such forms formation specialist, to foreign affairs essential to the real eradication of of speech as obscenity, defamation, analyst, and finally to foreign affairs child labor. speech that incites violence, speech specialist. He served as section head of Although there has been a tremen- that is harmful to children, and speech the International Organizations, Devel- dous amount of progress in ending that is broadcasted on radio and tele- opment, and Security Section of the child labor, now is not the time to be- vision. Foreign Affairs and National Defense Unfortunately, broadcasters have re- come complacent. Unfortunately, hun- Division from 1985 to 1997, and for a pe- cently started playing fast and loose dreds of millions of children are still riod in 1992, served as acting assistant with the decency guidelines. Some of forced to work illegally for little or no chief of the division. the infractions have made the head- pay. Economic development alone is Mr. Nowels’ first research assign- lines, but many others never do. Either not enough, and we must focus on ment at CRS was to assist senior staff way, the broadcasters have a responsi- human rights and educational opportu- in monitoring reporting requirements bility to America’s viewing public, and nities for those in poverty. Social in the foreign affairs field, a joint com- particularly to America’s parents. change must go hand in hand with eco- mittee project begun in 1975 for the Their behavior demands a response. Al- nomic development, which requires Senate Committee on Foreign Rela- lowing obscene, indecent, or profane tions and House Committee on Inter- workers’ and employers’ organizations. material over our unrestricted airways Our keys to success will be national Relations. For the next 30 can make the job of raising children in years, Mr. Nowels would assist Con- mainstreaming child labor efforts with today’ s world even tougher than it al- other human rights and development gress in tracking, moderating, and un- ready might be. Putting in place a fine derstanding the use of reporting re- goals, as well as getting national gov- that means something significant to ernments, NGOs, and international or- quirements in fulfilling its oversight broadcasters who violate decency regu- responsibility. In that first year, Mr. ganizations all working cooperatively lations will help parents who are try- to end child poverty. Nowels was also involved in the prepa- ing to surround their young children ration of three other contributions by We should not think about these chil- with good role models and decent be- CRS to the congressional committees dren only on June 12 each year. We havior. dedicated to foreign relations: the should think about this last vestige of My parents provided me with a slavery 365 days a year. I have re- strong value system that I depend on Committee on Foreign Relations’ bien- mained steadfast in my commitment to this day. As a father of two teenage nial Legislative History; the Com- to eliminating abusive and exploitative daughters, I am doing my best to make mittee on International Relations’ an- child labor. It was in 1992 that I first sure my girls understand the difference nual Congress and Foreign Policy; and introduced a bill to ban all products between right and wrong as they pre- the annual Legislation on Foreign Re- made by abusive and exploitative child pare for life on their own. Parents will lations, a joint committee project labor from entering the United States. always have the primary role of instill- begun by the 88th Congress and contin- In my view, we can make significant ing values in children, supported by ued to this day as a joint effort of the progress to eliminate this scourge if we teachers, church leaders, and friends. Congressional Research Service, Com- all do our part and redouble our efforts. Decent television will never take the mittee on Foreign Relations, and Com- This means that governments must not place of good parenting, but if there is mittee on International Relations. Mr. merely pass laws but enforce them, a modest action that we can take here Nowels remained intimately involved while also striving to provide quality, in Washington to keep the airwaves a with each of these projects for many free education. Businesses must take little cleaner, I believe we should take years and also provided mentorship to responsibility, as well, by not hiring that action. I am proud to support this a notable succession of CRS staff. children, and by paying adults livable effort to do just that. During his career, Mr. Nowels wrote wages so they can provide for their Mr. President, the House has re- nearly 500 memoranda and reports for families. Multilateral institutions cently passed this same legislation, Members of Congress and congressional must also play a robust role. Together, and I call on the President to sign the committees, organized numerous semi- we can eliminate the worst forms of bill into law. American families de- nars, provided many briefings to Mem- child labor by 2016. serve nothing less. bers and congressional staff, accompanied congressional delegations f f abroad, and testified before congres- BROADCAST DECENCY APPRECIATION FOR LARRY Q. sional committees, primarily on issues ENFORCEMENT ACT NOWELS related to foreign assistance. Over the Mr. THUNE. Mr. President, I rise Mr. LUGAR. Mr. President, I would years, he introduced congressional today in support of the Broadcast De- like to take this opportunity to extend staff persons, both new to Washington

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.038 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5773 and those most senior, to the appro- of a Defense agency that has become gree in mathematics in 1968. He re- priations process through courses in increasingly important to the Nation. ceived his master’s degrees in manage- the Graduate Legislative Institute and The Admiral’s departure is indeed a ment and in operations research from briefed newly elected Members of Con- loss for our nation since over these last the Naval Postgraduate School. In 1994, gress at biennial Williamsburg semi- 5 years, he has made remarkable ac- he attended the senior executive pro- nars. He provided groundbreaking anal- complishments and I would highlight a gram in national and international se- ysis to the Congress on U.S. aid to few of them here. curity at the John F. Kennedy School Communist nations, implications of The remarkable success of our mili- of Government, Harvard University. the Gramm-Rudman-Hollings deficit tary servicemen and women in the The admiral has spent a significant reduction on foreign policy, debt for- field, and the battles won every day by time on sea duty tours including serv- giveness including heavily indebted our forces engaged in the global war ice as the supply officer on the nuclear poorest country—HIPC—Initiatives, against terrorism could not be accom- submarine USS Queenfish, SSN 651, as post-Cold War aid, Israeli loan guaran- plished if not for the unparalleled lo- assistant supply officer on the Sub- tees, numerous congressional-executive gistics support our military so criti- marine Tender USS Simon Lake, AS 33, efforts at foreign aid reform, inter- cally depends upon. On Admiral and as the supply officer on the Sub- national family planning programs, Lippert’s watch this support has in- marine Tender USS Canopus, AS 34. third-country foreign aid programs, es- creased to the extent that 95 percent of The admiral has had increasingly im- tablishment of the Millennium Chal- the materials used by the entire U.S. portant shore duty tours including as- lenge Corporation, and multiyear for- military is provided by the 22,000 per- signments as assistant comptroller, eign policy budget trends. sonnel hard at work in DLA activities Commander Submarine Force, U.S. Pa- Mr. Nowels attended the National around the globe and many here in Vir- cific Fleet, operations research officer War College at the National Defense ginia. I am proud to note that Virginia at the Navy Ships Parts Control Cen- University in 1986–1987, where he won hosts the DLA Headquarters and the ter, Mechanicsburg, PA; inventory an award for his writing. On several oc- Defense Energy Support Center at Fort analysis staff, Naval Supply Systems casions he was detailed to committees Belvoir in Northern Virginia, the De- Command, Washington, DC; executive to serve alongside committee staff. In fense Supply Center, Aviation, and Dis- officer, Naval Supply Center, Jackson- recent years, he traveled extensively tribution Depot in our State capital of ville, FL; and director, spares programs on behalf of the Department of State’s Richmond, and another Distribution and policy branch in the Office of the Speakers Program to speak to foreign Depot right on Virginia’s Navy water- Deputy Chief of Naval Operations for officials, academics, and journalists on front in Norfolk. Logistics. the U.S. Congress and U.S. foreign pol- DLA has facilities in 48 States and 24 In 1990, he rejoined the Naval Supply icy. countries around the world and each Systems Command as the deputy com- Mr. Nowels’ exemplary contribution facility is a source of pride for all of mander for financial management/ and service has been recognized by the the DLA employees. All of the fuel sup- comptroller. From July 1993 to July Congressional Research Service with porting our jets, helicopters, ships and 1995, Admiral Lippert served as the numerous special service awards, per- tanks is purchased by DLA. All of the commander, Defense General Supply formance awards, and outstanding per- food, military clothing, and supplies Center in the great capital of our com- formance evaluations. His sustained needed to sustain our forces is man- monwealth, Richmond. In August 1995, excellence was acknowledged and hon- aged by the DLA workforce. he became the first commander of the ored by the Library of Congress with a The DLA Defense Distribution sys- Naval Inventory Control Point with of- Meritorious Service Award in 1992. tem, a total of 26 distribution depots fices in Philadelphia, PA, and Mechan- Larry Nowels is a fine example of here in the United States and in over- icsburg, PA. Admiral Lippert officially those many dedicated staff of the Con- seas locations such as Kuwait, Korea, entered the Flag Officer Corps when he gressional Research Service who help Japan, Italy, and Germany are all cru- was awarded the rank of rear admiral, inform Congress as it deliberates im- cial to the steady flow of materials to lower half, in November 1995. From 1997 portant public policy issues. His gra- our troops and these depots constitute to 1999, he served as the vice com- cious demeanor and considerable exper- a national treasure in their own right. mander for the Naval Supply Systems tise on U.S. foreign aid and U.S. for- Allied forces that have partnered Command and received his promotion eign policy made him an invaluable with DLA on Admiral Lippert’s watch to rear admiral, upper half, in October asset to Congress for many years. On also enjoy this same support. 1998. From 1999 to 2001, he commanded behalf of my colleagues, I extend our Remarkably, Admiral Lippert has ag- the Naval Supply Systems Command deep appreciation to Larry for his serv- gressively driven down the cost of man- and served as the Navy’s 41st chief of ice and wish him the very best in fu- aging this enterprise to the lowest Supply Corps. In May of 2000, President ture endeavors. level in the 45-year history of DLA Clinton appointed Vice Admiral while dramatically improving the in- f Lippert to represent the Navy as a ventory validity of our critical defense member of the President’s Committee ADDITIONAL STATEMENTS stocks, championing a series of trans- for Purchase from People who are formational initiatives, leading the Blind or Severely Disabled. He assumed most successful enterprise resource his current position as the director of TRIBUTE TO VICE ADMIRAL KEITH planning software re-engineering ini- DLA in July of 2001 and received his W. LIPPERT tiative in the entire Defense Depart- promotion to vice admiral in Sep- ∑ Mr. ALLEN. Mr. President, I rise ment, and greatly improving the qual- tember of 2001. today to honor a lifetime commitment ity of customer service provided by His decorations include the Defense of service to the United States of this amazing Agency. I would add that Superior Service Medal, three Legion America, our Defense Department and the Agency has become equally impor- of Merits, four Meritorious Service our great U.S. Navy by a true patriot, tant to the Coast Guard, FEMA and Medals, two Navy and Marine Corps VADM Keith W. Lippert, Supply Corps, other Agencies in our Federal, State, Commendation Medals, Navy and Ma- U.S. Navy. On September 1, 2006, Vice and local governments. This support rine Corps Achievement Medal, and Admiral Lippert will retire after 37 was especially significant to our coun- Submarine Supply Dolphins. He is also years and 8 months of dedicated and try after the last hurricane season the recipient of the Society of Logis- exceptionally distinguished service in when millions of Meals Ready to Eat, tics Engineers 1992 International the U.S. Navy. In addition to his retire- MREs, were sent en masse from Nor- Award for outstanding performance in ment, Vice Admiral Lippert will relin- folk to our fellow citizens in need. financial management/inventory con- quish command as the 14th Director of Thirty-eight years ago, Vice Admiral trol. Under Admiral Lippert’s tenure as the Defense Logistics Agency, DLA, Lippert earned his commission through Director, DLA received two Joint Meri- and I would note that he will retire as the Navy Reserve Officer Training torious Unit Awards. our longest serving DLA Director hav- Corps program at Miami University in In closing I wish to commend Vice ing spent the last 5 years at the helm Oxford, OH, with a bachelor of arts de- Admiral Lippert for his nearly 38 years

VerDate Aug 31 2005 01:08 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.041 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5774 CONGRESSIONAL RECORD — SENATE June 13, 2006 of distinguished service to our Nation, ministration with a Public Service National Guard. To say that General protecting our freedoms of life, liberty, Award for his outstanding dedication James has had a distinguished career and the pursuit of happiness and wish to the fight against drunken driving in at the National Guard Bureau would be him the best in his future endeavors. the State of Delaware. an understatement due to his un- His departure is a great loss to our Chief Capriglione was nominated for matched success in formulating, devel- Navy, but we are markedly better for this award by the mid-Atlantic office oping, and coordinating all policies, having had him aboard. He leaves us of the NHTSA, which began the Check- plans, and programs affecting more with a Defense agency that is indeed a point Strikeforce Campaign in Dela- than 106,000 Guard members through- national treasure and one that has ware in 2001. The Checkpoint out the United States, the District of been vastly improved on his watch. I Strikeforce Campaign is an initiative Columbia, Puerto Rico, Guam, and the honor this patriot and dedicated public that works to decrease the number of Virgin Islands. servant, wishing him a fond farewell, impaired driving crashes through in- The general personifies the model fair winds for his sails and following creased police presence on the roads commander with a career in the mili- seas.∑ and statewide sobriety checkpoints on tary that spanned almost four decades. f weekends and during holidays. The He earned his commission as a distin- campaign has continued to grow since guished graduate of the University of HONORING THE LIFE OF JERRY W. its inception, with increasing numbers Arizona’s ROTC program in 1968. The LEE of affiliated police agencies and officers general is a command pilot with ap- ∑ Mr. BAYH. Mr. President, today I joining the program each year. In 2003, proximately 4,000 hours in fighter and rise to pay tribute to the life of a dis- county teams were created to pool re- trainer aircraft. A combat veteran with tinguished civil servant and friend, sources and enhance the efficiency of two Distinguished Flying Crosses, Gen- Jerry W. Lee, who passed away on June the campaign in each of Delaware’s eral James completed two Active-Duty 7. Jerry’s dedication to the working three counties. Chief Capriglione was tours in Southeast Asia, logging 500 families of our State kept him involved named the head of the New Castle combat hours as a forward air con- in public service up until his death, County DUI Task Force and has served troller and F–4 Phantom aircraft com- doing his part to help Hoosiers from all as the primary law enforcement advo- mander. Prior to becoming ANG Direc- walks of life. I know that he will be cate for the Checkpoint Strikeforce tor, General James was the Adjutant greatly missed. Campaign in Delaware. General for Texas National Guard Jerry was a good and decent man who The campaign had been highly suc- headquarters. In June of 2002, he was dedicated his life to serving others. cessful; an increasing number of DUI appointed to the position as Director, From his work with organized labor to arrests are made each year, with 685 in- Air National Guard. his involvement in the community, his toxicated drivers arrested between In closing, I ask my fellow colleagues career was filled with acts of conscien- July and December 2005 alone. This re- to join me in expressing our deep ap- tious service on behalf of friends, fam- sults in safer roads for our citizens to preciation for the numerous contribu- ily members, and Hoosiers across Indi- travel: 2004 saw the lowest number of tions Lieutenant General James has ana. The contributions he made alcohol-related highway deaths ever re- made on behalf of our brave service touched countless lives, and his pres- corded in the State. The campaign has men and women. It is my honor to rec- ence and straight talk will be sorely also expanded from its original half- ognize the general for his distinguished missed. year scope to become a year-round ini- service to our Nation. Recalling our For the past 20 years, Jerry served as tiative. Under Chief Capriglione’s lead- national anthem, to our veterans and secretary-treasurer and business man- ership, the New Castle County DUI Armed Forces, I say, we would not be ager of the Laborers’ Indiana District Task Force has established check- ‘‘the land of the free’’ if we were not Council, standing up for the working points during major holidays and other also ‘‘the home of the brave.’’ We wish men and women of our State. He de- events typically associated with higher Daniel and his family continued suc- voted all of his energy to ensuring good rates of impaired driving, including cess as he closes out his service to the jobs at decent wages for his workers Super Bowl Sunday and St. Patrick’s Air Force and the people of this grate- and helping take care of their families. Day. During the recent Cinco de Mayo ful Nation.∑ He is survived by his mother; his wife, holiday, the county teams conducted f Benetta Jo Woodruff Lee; his son, checkpoints that resulted in 19 DUI ar- TRIBUTE TO JACK BANDY Darren Lee; his three daughters, Steph- rests, as well as 7 drug arrests, 8 felony anie Bean, Christina Brown and Connie arrests, and the apprehension of 3 ∑ Mr. ISAKSON. Mr. President, I wish Phillips; his two brothers, Sammy Joe wanted individuals. today to honor in the RECORD of the Lee and Donald Dean Lee; 11 grand- Chief Michael Capriglione has been Senate my friend, B. Jackson Bandy, a children; and five great-grandchildren. instrumental in the development and great Georgian, a great American, and A lifelong Hoosier, he was also in- success of the Checkpoint Strikeforce a great citizen of Whitfield County. I volved in numerous other labor asso- Campaign in Delaware. Through his ex- honor Jack upon his induction into the ciations and was a veteran of the U.S. ceptional leadership and commitment Junior Achievement Northwest Geor- Air Force. It is a rare man who can to public service, Delaware’s roadways gia Business Hall of Fame. make such an impact on so many peo- have become safer and its citizens Junior Achievement was founded in ple over the course of one life. Hoosiers more secure. He is the embodiment of Dalton, GA, in 1964 and sends volun- will miss Jerry as a friend, a commu- public service and deserves all of the teers from the community into local nity leader, and an advocate for work- recognition he has received for his re- schools to teach students about busi- ing Hoosiers. markable efforts, and more. We are for- ness, economics, and personal finance. It is my sad duty to enter the name tunate to have committed, effective Each year the local district serves of Jerry Lee in the official RECORD of law enforcement professionals such as more than 8,900 students in 44 schools, the U.S. Senate for his service to the Chief Capriglione working to combat including more than 30 schools in State of Indiana.∑ the problem of drunken driving Whitfield and Murray Counties. The f throughout Delaware and the Nation, district has more than 300 volunteers. and I ask the Senate to join me in Nominees from this community for CONGRATULATING NEWPORT PO- thanking Chief Capriglione for his this award were selected based on busi- LICE CHIEF MICHAEL dedicated service.∑ ness excellence, inspiring leadership, CAPRIGLIONE f community involvement, and innova- ∑ Mr. BIDEN. Mr. President, it is with tion. great pleasure that I rise today to com- TRIBUTE TO LIEUTENANT GEN- In addition, Jack was one of three mend Police Chief Michael Capriglione ERAL DANIEL JAMES III, USAF founders in 1956 of the tufted carpet of the town of Newport, DE. Chief ∑ Mr. BOND. Mr. President, I rise business Coronet Industries, which was Capriglione has been recognized by the today to honor LTG Daniel James III eventually bought by Beaulieu. But National Highway Traffic Safety Ad- who recently retired as Director, Air Jack is more than just a businessman

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.024 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5775 and great golfer. He is a family man— on its 100th anniversary, and I am con- 125TH ANNIVERSARY OF THE a wonderful and devoted father and fident that the next 100 years will bring FOUNDING OF MELLETTE, SOUTH grandfather. He would do anything for still more progress and prosperity.∑ DAKOTA his family and friends and has touched ∑ Mr. JOHNSON. Mr. President, today the lives of many who will never be f I pay tribute to the 125th anniversary able to meet or thank him. of the founding of the city of Mellette, Jack worked for many years as a vol- 125TH ANNIVERSARY OF THE SD. unteer on the Hamilton Healthcare FOUNDING OF ABERDEEN, SOUTH Mellette was incorporated into South System Board of Trustees in Dalton DAKOTA Dakota in 1881, with the first store and is now an honorary trustee. For all opening the same year. The community ∑ Mr. JOHNSON. Mr. President, I rise of his charitable giving and hard work, was named after Arthur Mellette, the today to recognize the 125th anniver- the hospital named the ‘‘Bandy Park- first governor of South Dakota. By sary of the founding of one of South ing Plaza’’ in honor of Jack. He is the 1882, Mellette was a thriving town with Dakota’s great cities, Aberdeen. Aber- backbone of his Methodist Church and 39 businesses including doctors, law- deen is the third largest city in the has worked on the board of the United yers, and other professionals. The State, and the county seat of Brown Way. With his Junior Achievement Western Enterprise was the first news- County. Aberdeen boasts a robust econ- honor, it is clear that Jack is devoted paper in Mellette, and by the time pub- omy, first-rate hospital, two 4-year to educating young people at all levels, lication ended in 1941, the newspaper universities, art, culture, shopping, and but he has also endowed the Bandy was the oldest, continuous paper in outdoor recreation. Taken all together, Chair in Preaching at Emory Univer- Spink County. Aberdeen has an exceptional quality of sity, and the gym at Dalton State Col- Today, Mellette is the home of 240 life, and things are only getting better lege is named for him. residents, 8 businesses, churches, and for this dynamic city. Jack Bandy is a class act who is well other civic organizations. The Mellette loved in work and at home. He is inter- Aberdeen was founded in July of 1881 Volunteer Fire Department, estab- ested in the lives and achievements in with the arrival of the Milwaukee Rail- lished in 1895, still keeps residents safe. others and will be embarrassed that I road and takes its name from the home Northwestern Elementary, Middle, and am honoring him today. But I feel I town of the Milwaukee Railroad’s Scot- High Schools also call Mellette home. would be remiss if I did not honor him tish President, Alexander Mitchell. As I am pleased to announce that for his achievements and sacrifices. He more railroads came into the area, Ab- Mellette celebrated its 125th anniver- has given a great deal of his time and erdeen became known as the ‘‘Hub sary with a community celebration on money to make Dalton, the State of City,’’ referring to its role as a busy May 26 to 27. There were numerous Georgia, and our Nation a better place intersection for trainlines. Aberdeen’s ∑ events, such as karaoke, a flea market, to live. citizens are justly proud of their city’s a parade, an antique tractor pull, a f history, and they have undertaken nu- horseshoe tournament, kid’s games, 100TH ANNIVERSARY OF THE merous successful projects designed to and a Harley motorcycle raffle, fol- FOUNDING OF CHELSEA, SOUTH preserve and celebrate this heritage. lowed by a community supper. A his- DAKOTA The city’s many historic attractions torical display included ‘‘Old Time’’ include the Granary Rural Cultural Mellette videos. The festivities were a ∑ Mr. JOHNSON. Mr. President, I rise Center, Dacotah Prairie Museum, and today to honor the 100th anniversary of fitting celebration to honor a wonder- J.L. Zeitlow Telephone Pioneer Mu- ful community. the founding of the town of Chelsea, seum, among others. In addition, Aber- SD. Chelsea is a rural community in I am proud to publicly honor deen is home to and promotes a lively Mellette on this memorable occasion. Faulk County. Small towns like Chel- and renowned antique market. sea are part of the backbone of our After 125 years, Mellette still exempli- Perhaps Aberdeen’s most famous wonderful State. fies what it means to be a great South early resident was Lyman ‘‘Frank’’ ∑ Chelsea originally began in the mid- Dakota community. Baum, who would eventually write dle of a wheat field, where extensions f ‘‘The Wonderful Wizard of Oz.’’ During of the Minneapolis and St. Louis rail- his time in Aberdeen, Baum owned a 125TH ANNIVERSARY OF THE ways met. There are competing stories store, Baum’s Bazaar and later edited FOUNDING OF GROTON, SOUTH for how the town was named. One says The Aberdeen Saturday Pioneer. Many DAKOTA that Chelsea was named after the bor- believe that Baum’s description of Kan- ough of London, one that it was named ∑ Mr. JOHNSON. Mr. President, today sas in ‘‘The Wonderful Wizard of Oz for a landowner in Chelsea, OK, and an- I rise to honor the city of Groton, SD, ‘‘was based on his time in Aberdeen. other that says it was named for some- and to recognize the 125th anniversary Storybook Land, a theme park based one from Chelsea, MA. of its founding. The first building to go up in Chelsea on ‘‘The Wonderful Wizard of Oz,’’ com- Groton was founded in 1881 in Brown was two-story poolhall and saloon, memorates Baum. Another nationally County. Still standing from those early built by H.E. Batteen. Other businesses known figure from Aberdeen in more days is Trinity Episcopal Church which soon followed. By 1909, there were 30 recent times is former Senate Majority was built in 1884 as a place for the businesses in Chelsea, including a post Leader Tom Daschle. newly formed town to come together office, weekly paper, bank, butcher, Other institutions in the Aberdeen and gather as a community. Groton lumber yard, and drug store. There area include two 4 year universities, now has six churches and multiple were at least three churches, including Northern State University and Presen- gathering places to house its growing the Sacred Heart Catholic Church, tation College; a top flight medical and thriving community. which is still active today. center, Avera St. Luke’s Hospital; Groton is home to the Granary Rural The area in which Chelsea is situated Wylie Park recreational area; and of Cultural Center. Groton’s commitment has both fertile farmland and excellent course plenty of good hunting and fish- to fine arts and culture shines through fishing and hunting. In particular, the ing. in this establishment where art shows area is known for its great pheasant Aberdeen combines the warmth and from artists from both North and shooting and the numerous hunting friendliness of a small town with the South Dakota are on display. The Gra- lodges that dot the landscape around cosmopolitanism associated with larg- nary Rural Cultural Center not only Chelsea. er communities. I am pleased to recog- promotes the arts, but also the herit- Small communities such as Chelsea nize the achievements of Aberdeen, and age of those living in the Dakotas do not always get the attention that to offer my congratulations to the resi- while celebrating and caring for the they deserve, but it is places like Chel- dents of the city on this historic mile- land. sea that help to maintain South Dako- stone. As the city motto states, Aber- One of the most notable pieces of ta’s agricultural roots and deep-seated deen is indeed ‘‘A Great Place to Groton’s history took place in 1923 character. I am proud to honor Chelsea Live.’’∑ when $1,000 was stolen from the First

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.026 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5776 CONGRESSIONAL RECORD — SENATE June 13, 2006 National Bank, while the tellers were achievement by former Coastguards- markable. For all of these reasons, I held at gunpoint. During the holdup, man Kenneth Black who nearly single- am deeply pleased to honor the as- one brave citizen ran outside to ring handedly amassed the largest collec- tounding contributions that Ken has the alarm alerting the authorities of tion of lighthouse lenses on display in made toward bringing to greater light the situation. Fortunately, only minor a museum anywhere in the United these valuable gems of history. I also injuries were inflicted in the ordeal. States. want to acknowledge and thank the Groton will be celebrating its 125th The monumental efforts of Ken many individuals and groups who have anniversary with a variety of events. Black, known by many as ‘‘Mr. Light- shared in Ken’s vision and joined with Among the festivities will be an all- house,’’ have been a lifelong pursuit him in making this dream a reality. school reunion, Legion baseball, pan- and truly a labor of love. Ken started The city of Rockland and the State of cake breakfast, water carnival, bingo, his first exhibit many years ago at the Maine are incredibly fortunate to have tractor pull, parade, dance, fireworks base of America’s first light Station in this exceptional Lighthouse Museum in display, and community church serv- Boston Harbor. When he was com- its midst. It is most fitting that the ice. The anniversary will serve as an manding officer of the Rockland Coast U.S. Coast Guard presented a well-de- occasion to bring this close-knit com- Guard Station in the 1970s, he created a served lifetime achievement award to munity even closer together. display of artifacts at the entryway Ken Black for unflagging vigilance and I am proud to publicly recognize building at the base of the tower, and a continued perseverance in saving and Groton and congratulate the commu- small collection started to grow and presenting these lighthouse artifacts.∑ nity on this achievement. As the peo- take on a life of its own. So much so— f ple of Groton take this opportunity to that when the admiral in charge of the appreciate how far the city has come first Coast Guard district in Boston TRIBUTE TO R. GERALD DAVIDSON from its beginnings, I know they will took note of what Ken was doing, he ∑ Mr. TALENT. Mr. President, I rise understand the important role Groton named him as the official curator of today in recognition of a remarkable plays in making South Dakota the the First Coast Guard District Marine Missourian. The First Baptist Church great State that it is.∑ Exhibit. That appointment offered Ken of Arnold, MO, has announced the re- f a fortuitous opportunity to begin tirement of its longtime and much be- amassing lighthouse artifacts. loved pastor, R. Gerald Davidson. Dr. CENTENNIAL OF THE FOUNDING Exemplifying the best of Maine’s Davidson has served as a pastor for the OF BRENTFORD, SOUTH DAKOTA can-do spirit, Ken meticulously went last 50 years, the last thirty of which, ∑ Mr. JOHNSON. Mr. President, today to great lengths, literally piece by he has dedicated to the First Baptist I rise in order to pay tribute to the piece, to seek out, collect, and store Church of Arnold. centennial of the founding of the city these maritime marvels. Eventually, Dr. Gerald Davidson is a visionary of Brentford, SD. The community is this collection would be housed in what leader and has been instrumental in distinguished as the only ‘‘Brentford’’ would become known as the Shore Vil- furthering and directing the ministry in the United States. lage Museum. Lacking pretense of any of the church. Today, the First Baptist Brentford was established in 1906 kind, this unassuming, home-spun Church of Arnold is the third largest along the Minneapolis and St. Louis dream became a landmark museum and church in the Missouri Southern Bap- Railroad line and named by a railroad a destination point for maritime and tist Convention. Dr. Davidson’s per- employee for Brentford, England. The lighthouse enthusiasts everywhere sonal dedication to the gospel has town was built in less that a year and until its closing in 2004. never faltered, and his own personal ex- reached a peak population of around Because of Ken’s persistent pursuit ample has set the standard for both his 300, with a current population around and uncommon initiative, his legacy of church members and Baptist leadership 70. work can now be viewed as part of the throughout the Nation. There are a church, gas station, res- Maine Lighthouse Museum which has In fact, Dr. Davidson’s vision and his taurant, and two construction compa- the distinction of being home not just good works have reached throughout nies located in Brentford. Additionally, to the world-renown lighthouse lenses the world. On numerous mission trips the Brentford Volunteer Fire Depart- but also to one of the most revered ex- he has preached the gospel in Mexico, ment serves Brentford City, Tetonka, hibits of lighthouse artifacts and Coast Haiti, Jamaica, South Africa, Taiwan, and LaPrairie townships, and part of Guard memorabilia in the United Brazil, Indonesia, Russia, Romania, Clifton Township. States. One thing is clear above all Belarus, Slovenia, Croatia, Bolivia, I am pleased to announce that else, we owe Ken a great debt of grati- India, Turkey, United Arab Emirates, Brentford will be celebrating its cen- tude for having the unrelenting indus- and Kenya. tennial on June 23 through 25. There try, foresight, and diligence to collect, However, Dr. Davidson’s dedication are numerous events scheduled, includ- preserve, and showcase these artifacts. starts at home. He has been married to ing a parade, performances by As the sponsor of the Maine Lights his wife Verlena Stone Davidson for 51 Brentford area musicians, fireworks, a Program in the 104th Congress, I am years. She has been an equal partner in paintball tournament, and an antique extraordinarily proud of the indispen- the ministry, serving side by side with tractor pull. This celebration is a fit- sable contribution Ken has made to the her husband. The Davidson’s have ting way to recognize this milestone discipline of lighthouse history. As I three children, Doug, Debbie, Darla, for this pleasant and progressive com- said in my letter on the opening of the and are blessed with 10 grandchildren. munity. Maine Lighthouse Museum last June, Dr. Davidson’s many accomplish- One hundred years after its founding, this legislation allowed many out- ments throughout his distinguished ca- Brentford continues to be a vital com- standing individuals and organizations reer are a result of hard work and dedi- munity and a great asset to South Da- to share their fondness for lighthouses cation. The Arnold community joins kota. I am proud to honor the achieve- by working to record the history of me in appreciating Dr. Davidson’s dedi- ments of Brentford on this memorable lighthouses and keep that history cated service.∑ occasion.∑ alive. And, indeed, that is precisely f f what has happened. Through the tireless and indomitable CENTENNIAL CELEBRATION FOR HONORING KENNETH BLACK OF work of Kenneth Black, for whom this MURDO, SOUTH DAKOTA MAINE exhibition hall is rightfully named, ∑ Mr. THUNE. Mr. President, today I ∑ Ms. SNOWE. Mr. President, I wish to generations today and to come will rise to recognize my hometown of commemorate the grand opening of the have the pleasure of viewing these Murdo, SD, which is celebrating its Maine Discovery Center and dedication time-honored artifacts. I saw them centennial this year. of the Chief Warrant Officer Kenneth firsthand last summer when I toured Located in Jones County, the town of Black Exhibition Hall in Rockland, the museum and was awed and ex- Murdo was established in 1906 when a ME. This event represents the culmina- tremely impressed, and I know that lot sale was held to distribute the land tion of a lifetime of exceptional this new addition will be equally re- that originally belonged to cattle

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.029 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5777 rancher Murdo Mackenzie. Today, MEASURES REFERRED mental Affairs, Department of Homeland Se- Murdo is a thriving town that I am curity, transmitting, pursuant to law, a re- The following bills were read the first port entitled ‘‘Report on Analyzing Poten- proud to call home. It is a welcoming and the second times by unanimous community that reflects the values and tial Vessel Routing Measures for Reducing consent, and referred as indicated: Vessel (Ship) Strikes of North Atlantic principles we as Americans hold dear. H.R. 4013. An act to amend the Reclama- Right Whales’’; to the Committee on Com- It gives me great pleasure to rise tion Projects Authorization and Adjustment merce, Science, and Transportation. with my fellow citizens of Murdo in Act of 1992 to provide for conjunctive use of EC–7079. A communication from the Attor- celebrating our centennial and looking surface and groundwater in Juab County, ney, Maritime Administration, Department forward to a bright future.∑ Utah; to the Committee on Energy and Nat- of Transportation, transmitting, pursuant to law, the report of the designation of an act- f ural Resources. H.R. 4162. An act to provide for an ex- ing officer for the position of Administrator, MESSAGES FROM THE HOUSE change of lands between the Secretary of Ag- received on May 31, 2006; to the Committee At 12:06 p.m., a message from the riculture and the United Water Conservation on Commerce, Science, and Transportation. District of California to eliminate certain EC–7080. A communication from the Assist- House of Representatives, delivered by ant Administrator for Procurement, Na- Ms. Niland, one of its reading clerks, private inholdings in the Los Padres Na- tional Forest, and for other purposes; to the tional Aeronautics and Space Administra- announced that the House has passed Committee on Energy and Natural Re- tion, transmitting, pursuant to law, the re- the following bills, in which it requests sources. port of a rule entitled ‘‘NASA Grant and Co- the concurrence of the Senate: H.R. 5169. An act to designate the facility operative Agreement Handbook— Patent H.R. 3967. An act to authorize the Sec- of the United States Postal Service located Rights and Rights in Data, CSC Programs’’ retary of the Interior to reallocate costs of at 1310 Highway 64 NW. in Ramsey, Indiana, (RIN2700–AD24) received on May 31, 2006; to the Pactola Dam and Reservoir, South Da- as the ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, the Committee on Commerce, Science, and kota, to reflect increased demands for mu- Sr. Post Office’’; to the Committee on Home- Transportation. EC–7081. A communication from the Pro- nicipal, industrial, and fish and wildlife pur- land Security and Governmental Affairs. gram Analyst, National Highway Traffic poses. The following concurrent resolutions Safety Administration, Department of H.R. 4013. An act to amend the Reclama- were read, and referred as indicated: Transportation, transmitting, pursuant to tion Projects Authorization and Adjustment law, the report of a rule entitled ‘‘Con- Act of 1992 to provide for conjunctive use of H. Con. Res. 338. Concurrent resolution ex- forming Civil and Criminal Penalties to surface and groundwater in Juab County, pressing the sense of Congress regarding the Statutory Requirements’’ (RIN2127–AJ83) re- Utah. activities of Islamist terrorist organizations ceived on May 31, 2006; to the Committee on H.R. 4162. An act to provide for an ex- in the Western Hemisphere; to the Com- Commerce, Science, and Transportation. change of lands between the Secretary of Ag- mittee on Foreign Relations. EC–7082. A communication from the Pro- riculture and the United Water Conservation H. Con. Res. 368. Concurrent resolution ex- gram Analyst, National Highway Traffic District of California to eliminate certain pressing the sense of the Congress with re- Safety Administration, Department of private inholdings in the Los Padres Na- spect to honoring the goals and ideals of Transportation, transmitting, pursuant to tional Forest, and for other purposes. Alex’s Lemonade Stand Days, June 9 law, the report of a rule entitled ‘‘FMVSS H.R. 5169. An act to designate the facility through 11, 2006; to the Committee on the Ju- No. 101 Petition for Reconsideration of Final of the United States Postal Service located diciary. Rule’’ (RIN2127–AJ81) received on May 31, at 1310 Highway 64 NW., in Ramsey, Indiana, f 2006; to the Committee on Commerce, as the ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, Science, and Transportation. Sr. Post Office’’. MEASURES PLACED ON THE CALENDAR EC–7083. A communication from the Pro- The message also announced that the gram Analyst, National Highway Traffic House has passed the following bill, The following bill was read the first Safety Administration, Department of without amendment: and second times by unanimous con- Transportation, transmitting, pursuant to S. 1445. An act to designate the facility of sent, and placed on the calendar: law, the report of a rule entitled ‘‘Vehicles the United States Postal Service located at H.R. 3967. An act to authorize the Sec- Built in Two or More Stages, Response to 520 Colorado Avenue in Arriba, Colorado, as retary of the Interior to reallocate costs of Petitions for Reconsideration’’ (RIN2127– the ‘‘William H. Emery Post Office’’. the Pactola Dam and Reservoir, South Da- AJ91) received on May 31, 2006; to the Com- mittee on Commerce, Science, and Transpor- The message further announced that kota, to reflect increased demands for municipal, industrial, and fish and wildlife pur- tation. the House has agreed to the following EC–7084. A communication from the Pro- poses. concurrent resolutions, in which it re- gram Analyst, Federal Aviation Administra- quests the concurrence of the Senate: f tion, Department of Transportation, transmitting, pursuant to law, the report of a rule H. Con. Res. 338. Concurrent resolution ex- EXECUTIVE AND OTHER entitled ‘‘Establishment of Class E Airspace; pressing the sense of Congress regarding the COMMUNICATIONS Galbraith Lake, AK’’ ((RIN2120– activities of Islamist terrorist organizations AA66)(Docket No. 05–AAL–37)) received on in the Western Hemisphere. The following communications were May 31, 2006; to the Committee on Com- H. Con. Res. 368. Concurrent resolution ex- laid before the Senate, together with merce, Science, and Transportation. pressing the sense of the Congress with re- accompanying papers, reports, and doc- EC–7085. A communication from the Pro- spect to honoring the goals and ideals of uments, and were referred as indicated: gram Analyst, Federal Aviation Administra- Alex’s Lemonade Stand Days, June 9 EC–7075. A communication from the Sec- tion, Department of Transportation, trans- through 11, 2006. retary of Transportation , transmitting, pur- mitting, pursuant to law, the report of a rule The message also announced that the suant to law, a report entitled ‘‘Report to entitled ‘‘Establishment of Class E Airspace; House agrees to the report of the com- Congress on Catastrophic Hurricane Evacu- Minchumina, AK, CORRECTION’’ ((RIN2120– mittee of conference on the disagreeing ation Plan Evaluation’’; to the Committee AA66)(Docket No. 05–AAL–41)) received on votes of the two Houses on the amend- on Commerce, Science, and Transportation. May 31, 2006; to the Committee on Com- ment of the Senate to the bill (H.R. EC–7076. A communication from the Ad- merce, Science, and Transportation. ministrator, Department of Transportation, EC–7086. A communication from the Pro- 4939) making emergency supplemental transmitting, pursuant to law, a report enti- gram Analyst, Federal Aviation Administra- appropriations for the fiscal year end- tled ‘‘Pilot Programs for Emergency Notifi- tion, Department of Transportation, trans- ing September 30, 2006, and for other cation Systems at Highway-Rail Grade mitting, pursuant to law, the report of a rule purposes. Crossings’’; to the Committee on Commerce, entitled ‘‘Establishment of Class E Airspace; Science, and Transportation. Kuparuk, AK’’ ((RIN2120–AA66)(Docket No. At 5:55 p.m., a message from the EC–7077. A communication from the Assist- 06–AAL–05)) received on May 31, 2006; to the House of Representatives, delivered by ant Secretary, Transportation Security Ad- Committee on Commerce, Science, and Mr. Hays, one of its reading clerks, an- ministration, Department of Homeland Se- Transportation. nounced that the House has passed the curity, transmitting, pursuant to law, the re- EC–7087. A communication from the Pro- following concurrent resolution, in port of the Administration’s intent to award gram Analyst, Federal Aviation Administra- a contract to Trinity Technology Group for tion, Department of Transportation, trans- which it requests the concurrence of screening services at Tupelo Regional Air- mitting, pursuant to law, the report of a rule the Senate: port in Tupelo, Mississippi; to the Com- entitled ‘‘Establishment of Class E Airspace; H. Con. Res. 409. Concurrent resolution mittee on Commerce, Science, and Transpor- Minchumina, AK’’ ((RIN2120–AA66)(Docket commemorating the 60th anniversary of the tation. No. 05–AAL–41)) received on May 31, 2006; to ascension to the throne of His Majesty King EC–7078. A communication from the Assist- the Committee on Commerce, Science, and Bhumibol Adulyadej of Thailand. ant Secretary, Legislative and Intergovern- Transportation.

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.026 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5778 CONGRESSIONAL RECORD — SENATE June 13, 2006 EC–7088. A communication from the Pro- ((RIN2120–AA66)(Docket No. 06–ACE–3)) re- bardier Model CL–600–2B19 Airplanes’’ gram Analyst, Federal Aviation Administra- ceived on May 31, 2006; to the Committee on ((RIN2120–AA64)(Docket No. 2006–NM–100)) tion, Department of Transportation, trans- Commerce, Science, and Transportation. received on May 31, 2006; to the Committee mitting, pursuant to law, the report of a rule EC–7098. A communication from the Pro- on Commerce, Science, and Transportation. entitled ‘‘Establishment of Class E Enroute gram Analyst, Federal Aviation Administra- EC–7107. A communication from the Pro- Domestic Airspace Area, Vandenberg AFB, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- CA’’ ((RIN2120–AA66)(Docket No. 05–AWP– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- 15)) received on May 31, 2006; to the Com- entitled ‘‘Modification of Restricted Areas mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- R–3002A, B, C, D, E and F; and Establishment entitled ‘‘Airworthiness Directives; Boeing tation. of Restricted Area R–3002G; Fort Benning, Model 727, 727C, 727–100, and 727–100C Series EC–7089. A communication from the Pro- GA’’ ((RIN2120–AA66)(Docket No. 04–ASO–14)) Airplanes’’ ((RIN2120–AA64)(Docket No. 2005– gram Analyst, Federal Aviation Administra- received on May 31, 2006; to the Committee NM–111)) received on May 31, 2006; to the tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule EC–7099. A communication from the Pro- Transportation. entitled ‘‘Establishment of Class D Airspace; gram Analyst, Federal Aviation Administra- EC–7108. A communication from the Pro- Bay St. Louis, MS’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- No. 06–ASO–2)) received on May 31, 2006; to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Transportation. Procedures (43); Amdt. No. 3165’’ ((RIN2120– entitled ‘‘Airworthiness Directives; MD Heli- EC–7090. A communication from the Pro- AA65)(Docket No. 30492)) received on May 31, copters, Inc. Model 600N Helicopters’’ gram Analyst, Federal Aviation Administra- 2006; to the Committee on Commerce, ((RIN2120–AA64)(Docket No. 2006–SW–10)) re- tion, Department of Transportation, trans- Science, and Transportation. ceived on May 31, 2006; to the Committee on mitting, pursuant to law, the report of a rule EC–7100. A communication from the Pro- Commerce, Science, and Transportation. entitled ‘‘Revision of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–7109. A communication from the Pro- Herlong, CA’’ ((RIN2120–AA66)(Docket No. 04– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- ANM–24)) received on May 31, 2006; to the mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Transportation. Procedures (138); Amdt. No. 3164’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Boeing EC–7091. A communication from the Pro- AA65)(Docket No. 30491)) received on May 31, Model 747 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- 2006; to the Committee on Commerce, AA64)(Docket No. 2004–NM–81)) received on tion, Department of Transportation, trans- Science, and Transportation. May 31, 2006; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–7101. A communication from the Pro- merce, Science, and Transportation. EC–7110. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Togiak Village, AK’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- tion, Department of Transportation, trans- No. 06–AAL–06)) received on May 31, 2006; to mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and entitled ‘‘Safety Standards for Flight Guid- entitled ‘‘Airworthiness Directives; Bom- Transportation. ance Systems’’ ((RIN2120–AI41)(Docket No. bardier Model CL–600–2B19 Airplanes’’ EC–7092. A communication from the Pro- FAA–2004–18775)) received on May 31, 2006; to ((RIN2120–AA64)(Docket No. 2003–NM–233)) gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and received on May 31, 2006; to the Committee tion, Department of Transportation, trans- Transportation. EC–7102. A communication from the Pro- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–7111. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Revision of Class E Airspace; St. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Paul Island, AK’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, transmitting, pursuant to law, the report of a rule No. 05–AAL–23)) received on May 31, 2006; to mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Boeing the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; McDon- Transportation. Model 767 Airplanes’’ ((RIN2120– nell Douglas Model DC–9–10, DC–9–20, DC–9– EC–7093. A communication from the Pro- AA64)(Docket No. 2005–NM–226)) received on 30, DC–9–40, and DC–9–50 Series Airplanes’’ gram Analyst, Federal Aviation Administra- May 31, 2006; to the Committee on Com- ((RIN2120–AA64)(Docket No. 2005–NM–109)) tion, Department of Transportation, trans- merce, Science, and Transportation. received on May 31, 2006; to the Committee EC–7103. A communication from the Pro- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. entitled ‘‘Revision of Class E Airspace; Mid- gram Analyst, Federal Aviation Administra- EC–7112. A communication from the Pro- dleton Island, AK’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- No. 06–AAL–04)) received on May 31, 2006; to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule Transportation. Model A318–100 Series Airplanes; Model A319– entitled ‘‘Airworthiness Directives; Boeing EC–7094. A communication from the Pro- 100 Series Airplanes; Model A320–111 Air- Model 737–100, –200, –200C, –300, –400, and –500 gram Analyst, Federal Aviation Administra- planes; Model A320–200 Series Airplanes; Series Airplanes’’ ((RIN2120–AA64)(Docket tion, Department of Transportation, trans- Model A321–100 Series Airplanes; and Model No. 2004–NM–269)) received on May 31, 2006; to mitting, pursuant to law, the report of a rule A321–200 Series Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and entitled ‘‘Revision of Class E Airspace; Cold AA64)(Docket No. 2004–NM–270)) received on Transportation. Bay, AK’’ ((RIN2120–AA66)(Docket No. 05– May 31, 2006; to the Committee on Com- EC–7113. A communication from the Pro- AAL–40)) received on May 31, 2006; to the merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–7104. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–7095. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Air Trac- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tor, Inc. Models AT–400, AT–401, AT–401B, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing AT–402, AT–402A, and AT–402B Airplanes’’ mitting, pursuant to law, the report of a rule Model 747–100, 747–100B, 747–100B SUD, 747– ((RIN2120–AA64)(Docket No. 2006–CE–05)) re- entitled ‘‘Revision of Class E Airspace; 200B, 747–300, 747–400, 747–400D, and 747SR Se- ceived on May 31, 2006; to the Committee on Valdez Pioneer Field, AK’’ ((RIN2120– ries Airplanes’’ ((RIN2120–AA64)(Docket No. Commerce, Science, and Transportation. AA66)(Docket No. 05–AAL–42)) received on 2005–NM–206)) received on May 31, 2006; to the EC–7114. A communication from the Pro- May 31, 2006; to the Committee on Com- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Transportation. tion, Department of Transportation, trans- EC–7096. A communication from the Pro- EC–7105. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Air Trac- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tor, Inc. Models AT–802 and AT–802A Air- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(Docket No. 2005–CE– entitled ‘‘Removal of Class E Airspace; Pa- entitled ‘‘Airworthiness Directives; Boeing 14)) received on May 31, 2006; to the Com- ducah Farrington Airpark, KY’’ ((RIN2120– Model 757–200 and –200PF Series Airplanes mittee on Commerce, Science, and Transpor- AA66)(Docket No. 06–ASO–4)) received on Equipped with Pratt and Whitney Engines’’ tation. May 31, 2006; to the Committee on Com- ((RIN2120–AA64)(Docket No. 2006–NM–082)) EC–7115. A communication from the Pro- merce, Science, and Transportation. received on May 31, 2006; to the Committee gram Analyst, Federal Aviation Administra- EC–7097. A communication from the Pro- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–7106. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Eurocopter France Model SA–365 N1, AS–365 entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule N2, N3, SA–366 G1, and EC–155B and B1 Heli- Mason City Municipal Airport, IA’’ entitled ‘‘Airworthiness Directives; Bom- copters’’ ((RIN2120–AA64)(Docket No. 2006–

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.022 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5779 SW–07)) received on May 31, 2006; to the Com- By Mr. VOINOVICH: By Mr. SANTORUM (for himself and mittee on Commerce, Science, and Transpor- S. 3492. A bill to strengthen performance Mr. BROWNBACK): tation. management in the Federal Government, to S. 3504. A bill to amend the Public Health EC–7116. A communication from the Pro- make the annual general pay increase for Service Act to prohibit the solicitation or gram Analyst, Federal Aviation Administra- Federal employees contingent on perform- acceptance of tissue from fetuses gestated tion, Department of Transportation, trans- ance, and for other purposes; to the Com- for research purposes, and for other pur- mitting, pursuant to law, the report of a rule mittee on Homeland Security and Govern- poses; to the Committee on Health, Edu- entitled ‘‘Airworthiness Directives CORREC- mental Affairs. cation, Labor, and Pensions. TION; Airbus Model A300 B4–600, B4–600R, By Mr. SMITH (for himself and Mr. By Mr. COLEMAN: and F4–600R Series Airplanes, and Model C4– WYDEN): S. 3505. A bill for the relief of Konstantinos 605R Variant F Airplanes’’ ((RIN2120– S. 3493. A bill to provide that quantitative Ritos; to the Committee on the Judiciary. AA64)(Docket No. 2004–NM–272)) received on restrictions shall not apply with respect to By Mr. AKAKA: May 31, 2006; to the Committee on Com- certain knit performance outerwear pants; S. 3506. A bill to prohibit the unauthorized merce, Science, and Transportation. to the Committee on Finance. removal or use of personal information con- EC–7117. A communication from the Pro- By Mr. SMITH (for himself and Mr. tained in a database owned, operated, or gram Analyst, Federal Aviation Administra- WYDEN): maintained by the Federal government; to tion, Department of Transportation, trans- S. 3494. A bill to provide that quantitative the Committee on the Judiciary. restrictions shall not apply with respect to mitting, pursuant to law, the report of a rule f entitled ‘‘Airworthiness Directives; Boeing woven performance outerwear pants; to the Model 747–100, 747–100B, 747–100B SUD, 747– Committee on Finance. SUBMISSION OF CONCURRENT AND 200B, 747–200C, 747–200F, 747–300, 747SR, and By Mr. BAUCUS (for himself, Mr. SENATE RESOLUTIONS 747SP Series Airplanes’’ ((RIN2120– SMITH, Mr. MCCAIN, Mr. KERRY, Mr. AA64)(Docket No. 2005–NM–199)) received on HAGEL, Mr. LUGAR, Ms. MURKOWSKI, The following concurrent resolutions May 31, 2006; to the Committee on Com- and Mr. CARPER): and Senate resolutions were read, and merce, Science, and Transportation. S. 3495. A bill to authorize the extension of referred (or acted upon), as indicated: EC–7118. A communication from the Pro- nondiscriminatory treatment (normal trade By Mr. BIDEN: gram Analyst, Federal Aviation Administra- relations treatment) to the products of Viet- S. Res. 507. A resolution designating the tion, Department of Transportation, trans- nam; to the Committee on Finance. week of November 5 through November 11, mitting, pursuant to law, the report of a rule By Mr. DEMINT: 2006, as ‘‘National Veterans Awareness S. 3496. A bill to amend the Internal Rev- entitled ‘‘Airworthiness Directives; Bom- Week’’ to emphasize the need to develop edu- enue Code of 1986 to eliminate the limitation bardier Model DHC–8–301, –311, and –315 Air- cational programs regarding the contribu- on the foreign earned income exclusion, and planes’’ ((RIN2120–AA64)(Docket No. 2004– tions of veterans to the country; to the Com- for other purposes; to the Committee on Fi- NM–51)) received on May 31, 2006; to the Com- mittee on the Judiciary. nance. mittee on Commerce, Science, and Transpor- By Mr. BIDEN: By Mr. KYL (for himself and Mr. tation. S. Res. 508. A resolution designating Octo- MCCAIN): EC–7119. A communication from the Pro- ber 20, 2006 as ‘‘National Mammography S. 3497. A bill to provide for the exchange gram Analyst, Federal Aviation Administra- Day’’; to the Committee on the Judiciary. of certain Bureau of Land Management land tion, Department of Transportation, trans- By Mr. HATCH (for himself, Mr. BEN- in Pima County, Arizona, and for other pur- mitting, pursuant to law, the report of a rule NETT, and Mr. BURR): poses; to the Committee on Energy and Nat- entitled ‘‘Airworthiness Directives; Airbus S. Res. 509. A resolution designating June ural Resources. Model A310 Airplanes, Model A300 B4–600 Se- 21, 2006, as ‘‘National Professional Medical ries Airplanes, Model A300 B4–600R Series By Mr. SANTORUM: S. 3498. A bill to suspend temporarily the Coder Day’’, in honor of the dedication and Airplanes , Model A300 F4–600R Series Air- duty on certain thin fiberglass sheets; to the continued service of professional medical planes, and Model A300 C4–605R Variant F Committee on Finance. coders to the Nation; to the Committee on Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– the Judiciary. By Mr. KYL (for himself, Mr. GRASS- NM–068)) received on May 31, 2006; to the By Mr. MARTINEZ (for himself, Mr. LEY, Mr. DEWINE, Mr. CORNYN, Mr. Committee on Commerce, Science, and LAUTENBERG, Ms. SNOWE, Ms. BROWNBACK, Ms. SNOWE, Mr. BURNS, Transportation. STABENOW, Mr. MENENDEZ, Mr. LOTT, Mrs. HUTCHISON, and Mr. ALLEN): EC–7120. A communication from the Pro- S. 3499. A bill to amend title 18, United and Mrs. DOLE): gram Analyst, Federal Aviation Administra- States Code, to protect youth from exploi- S. Res. 510. A resolution designating the tion, Department of Transportation, trans- tation by adults using the Internet, and for period beginning on June 28, 2006, and ending mitting, pursuant to law, the report of a rule other purposes; to the Committee on the Ju- on July 5, 2006, as ‘‘National Clean Beaches entitled ‘‘Airworthiness Directives; Cirrus diciary. Week’’, supporting the goals and ideals of Design Corporation Models SR20 and SR22 By Mr. THOMAS (for himself, Mr. that week, and recognizing the considerable Airplanes’’ ((RIN2120–AA64)(Docket No. 2005– CONRAD, Mr. HARKIN, Mr. ROBERTS, value and role of beaches in the culture of CE–49)) received on May 31, 2006; to the Com- Ms. COLLINS, Mr. DAYTON, Mr. the United States; to the Committee on the mittee on Commerce, Science, and Transpor- SALAZAR, Mr. DOMENICI, Mr. BURNS, Judiciary. tation. Mr. DORGAN, Mr. THUNE, Mr. JOHN- By Mrs. CLINTON (for herself and Mr. EC–7121. A communication from the Pro- SON, Mr. NELSON of Nebraska, Ms. HATCH): gram Analyst, Federal Aviation Administra- MURKOWSKI, and Ms. SNOWE): S. Res. 511. A resolution commending and tion, Department of Transportation, trans- S. 3500. A bill to amend title XVIII of the supporting Radio Al Mahaba, the 1st and mitting, pursuant to law, the report of a rule Social Security Act to protect and preserve only radio station for the women of Iraq; to entitled ‘‘Airworthiness Directives; Airbus access of Medicare beneficiaries in rural the Committee on Foreign Relations. Model A319–131, –132, and –133; A320–232 and areas to health care providers under the f –233; and A321–131, –231, and –232 Airplanes’’ Medicare program, and for other purposes; to ((RIN2120–AA64)(Docket No. 2005–NM–154)) the Committee on Finance. ADDITIONAL COSPONSORS received on May 31, 2006; to the Committee By Mr. MCCAIN: S. 185 on Commerce, Science, and Transportation. S. 3501. A bill to amend the Shivwits Band EC–7122. A communication from the Pro- of the Paiute Indian Tribe of Utah Water At the request of Mr. NELSON of Flor- gram Analyst, Federal Aviation Administra- Rights Settlement Act to establish an acqui- ida, the name of the Senator from Mon- tion, Department of Transportation, trans- sition fund for the water rights and habitat tana (Mr. BURNS) was added as a co- mitting, pursuant to law, the report of a rule acquisition program; to the Committee on sponsor of S. 185, a bill to amend title entitled ‘‘Airworthiness Directives; McDon- Indian Affairs. 10, United States Code, to repeal the nell Douglas Model DC–9–81, DC–9–82, DC–9– By Mr. KENNEDY (for himself, Mrs. 83, DC–9–87, MD–88, and MD–90–30 Airplanes’’ requirement for the reduction of cer- CLINTON, and Mr. KERRY): tain Survivor Benefit Plan annuities ((RIN2120–AA64)(Docket No. 2003–NM–219)) S. 3502. A bill to modernize the education received on May 31, 2006; to the Committee system of the United States, to arm individ- by the amount of dependency and in- on Commerce, Science, and Transportation. uals with 21st century knowledge and skills demnity compensation and to modify f in order to preserve the economic and na- the effective date for paid-up coverage tional security of the United States, and for under the Survivor Benefit Plan. INTRODUCTION OF BILLS AND other purposes; to the Committee on Health, S. 211 Education, Labor, and Pensions. JOINT RESOLUTIONS At the request of Mrs. DOLE, the By Mrs. BOXER: The following bills and joint resolu- S. 3503. A bill to amend the Internal Rev- name of the Senator from Georgia (Mr. tions were introduced, read the first enue Code of 1986 to extend the financing of ISAKSON) was added as a cosponsor of S. and second times by unanimous con- the Superfund; to the Committee on Fi- 211, a bill to facilitate nationwide sent, and referred as indicated: nance. availability of 2–1–1 telephone service

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.025 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5780 CONGRESSIONAL RECORD — SENATE June 13, 2006 for information and referral on human (Mr. MENENDEZ), the Senator from S. 2599 services, volunteer services, and for North Carolina (Mrs. DOLE) and the At the request of Mr. VITTER, the other purposes. Senator from Pennsylvania (Mr. name of the Senator from Nevada (Mr. S. 418 SANTORUM) were added as cosponsors of ENSIGN) was added as a cosponsor of S. At the request of Mr. ENZI, the name S. 1513, a bill to reauthorize the HOPE 2599, a bill to amend the Robert T. of the Senator from Rhode Island (Mr. VI program for revitalization of se- Stafford Disaster Relief and Emer- REED) was added as a cosponsor of S. verely distressed public housing, and gency Assistance Act to prohibit the 418, a bill to protect members of the for other purposes. confiscation of firearms during certain Armed Forces from unscrupulous prac- S. 1934 national emergencies. tices regarding sales of insurance, fi- At the request of Mr. SPECTER, the S. 2616 nancial, and investment products. name of the Senator from Connecticut At the request of Mr. SANTORUM, the S. 832 (Mr. LIEBERMAN) was added as a co- name of the Senator from Maryland At the request of Mr. BINGAMAN, the sponsor of S. 1934, a bill to reauthorize (Mr. SARBANES) was added as a cospon- name of the Senator from California the grant program of the Department sor of S. 2616, a bill to amend the Sur- (Mrs. FEINSTEIN) was added as a co- of Justice for reentry of offenders into face Mining Control and Reclamation sponsor of S. 832, a bill to amend the the community, to establish a task Act of 1977 and the Mineral Leasing Internal Revenue Code of 1986 to pro- force on Federal programs and activi- Act to improve surface mining control vide taxpayer protection and assist- ties relating to the reentry of offenders and reclamation, and for other pur- ance, and for other purposes. into the community, and for other purposes. S. 842 poses. S. 2658 At the request of Mr. BAUCUS, his S. 1968 At the request of Mr. BOND, the name name was added as a cosponsor of S. At the request of Mr. REID, his name of the Senator from Maine (Ms. COL- 842, a bill to amend the National Labor was added as a cosponsor of S. 1968, a LINS) was added as a cosponsor of S. Relations Act to establish an efficient bill to amend title 18, United States 2658, a bill to amend title 10, United system to enable employees to form, Code, to protect judges, prosecutors, States Code, to enhance the national join, or assist labor organizations, to witnesses, victims, and their family defense through empowerment of the provide for mandatory injunctions for members, and for other purposes. Chief of the National Guard Bureau unfair labor practices during orga- S. 2068 and the enhancement of the functions nizing efforts, and for other purposes. At the request of Ms. COLLINS, the of the National Guard Bureau, and for S. 843 name of the Senator from Connecticut other purposes. At the request of Mr. SANTORUM, the (Mr. LIEBERMAN) was added as a co- S. 2750 name of the Senator from Colorado sponsor of S. 2068, a bill to preserve ex- At the request of Mr. DEMINT, the (Mr. SALAZAR) was added as a cospon- isting judgeships on the Superior Court name of the Senator from Rhode Island sor of S. 843, a bill to amend the Public of the District of Columbia. (Mr. CHAFEE) was added as a cosponsor Health Service Act to combat autism S. 2115 of S. 2750, a bill to improve access to through research, screening, interven- At the request of Ms. STABENOW, the emergency medical services through tion and education. name of the Senator from Massachu- medical liability reform and additional S. 1112 setts (Mr. KENNEDY) was added as a co- Medicare payments. At the request of Mr. GRASSLEY, the sponsor of S. 2115, a bill to amend the S. 2917 name of the Senator from New Jersey Public Health Service Act to improve At the request of Ms. SNOWE, the (Mr. MENENDEZ) was added as a cospon- provisions relating to Parkinson’s dis- name of the Senator from Connecticut sor of S. 1112, a bill to make permanent ease research. (Mr. DODD) was added as a cosponsor of the enhanced educational savings pro- S. 2249 S. 2917, a bill to amend the Commu- visions for qualified tuition programs At the request of Mr. SANTORUM, the nications Act of 1934 to ensure net neu- enacted as part of the Economic name of the Senator from Idaho (Mr. trality. Growth and Tax Relief Reconciliation CRAIG) was added as a cosponsor of S. Act of 2001. 2249, a bill to eliminate the require- S. 3456 At the request of Mr. MENENDEZ, the S. 1173 ment that States collect Social Secu- name of the Senator from New Jersey At the request of Mr. DEMINT, the rity numbers from applicants for rec- name of the Senator from Mississippi reational licenses. (Mr. LAUTENBERG) was added as a cosponsor of S. 3456, a bill to ensure the (Mr. COCHRAN) was added as a cospon- S. 2250 implementation of the recommenda- sor of S. 1173, a bill to amend the Na- At the request of Mr. GRASSLEY, the tions of the National Commission on tional Labor Relations Act to ensure name of the Senator from Illinois (Mr. Terrorist Attacks Upon the United the right of employees to a secret-bal- DURBIN) was added as a cosponsor of S. States. lot election conducted by the National 2250, a bill to award a congressional Labor Relations Board. gold medal to Dr. Norman E. Borlaug. S. 3487 S. 1319 S. 2435 At the request of Mr. KERRY, the At the request of Mrs. LINCOLN, the At the request of Mr. LUGAR, the name of the Senator from Indiana (Mr. name of the Senator from Vermont names of the Senator from Maine (Ms. BAYH) was added as a cosponsor of S. (Mr. LEAHY) was added as a cosponsor SNOWE) and the Senator from Lou- 3487, a bill to amend the Small Busi- of S. 1319, a bill to amend the Internal isiana (Ms. LANDRIEU) were added as ness Act to reauthorize and improve Revenue Code of 1986 to improve the cosponsors of S. 2435, a bill to increase the disaster loan program, and for operation of employee stock ownership cooperation on energy issues between other purposes. plans, and for other purposes. the United States Government and for- S. CON. RES. 99 S. 1360 eign governments and entities in order At the request of Ms. SNOWE, the At the request of Mr. SMITH, the to secure the strategic and economic name of the Senator from Hawaii (Mr. name of the Senator from Connecticut interests of the United States, and for AKAKA) was added as a cosponsor of S. (Mr. LIEBERMAN) was added as a co- other purposes. Con. Res. 99, a concurrent resolution sponsor of S. 1360, a bill to amend the S. 2491 expressing the sense of the Congress re- Internal Revenue Code of 1986 to extend At the request of Mr. CORNYN, the garding the policy of the United States the exclusion from gross income for name of the Senator from Pennsyl- at the 58th Annual Meeting of the employer-provided health coverage to vania (Mr. SANTORUM) was added as a International Whaling Commission. designated plan beneficiaries of em- cosponsor of S. 2491, a bill to award a S. RES. 462 ployees, and for other purposes. Congressional gold medal to Byron Nel- At the request of Mr. GRASSLEY, the S. 1513 son in recognition of his significant name of the Senator from Indiana (Mr. At the request of Ms. MIKULSKI, the contributions to the game of golf as a BAYH) was added as a cosponsor of S. names of the Senator from New Jersey player, a teacher, and a commentator. Res. 462, a resolution designating June

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.034 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5781 8, 2006, as the day of a National Vigil of Defense, for military construction, where employees have regular discus- for Lost Promise. and for defense activities of the De- sions with their supervisors about ex- S. RES. 493 partment of Energy, to prescribe per- pectations for their performance, both At the request of Mr. DEWINE, the sonnel strengths for such fiscal year employees and supervisors will be more name of the Senator from New York for the Armed Forces, and for other effective in achieving their agency’s (Mrs. CLINTON) was added as a cospon- purposes. mission. The primary goal of the Fed- sor of S. Res. 493, a resolution calling At the request of Mr. TALENT, his eral Workforce Performance Appraisal on the Government of the United King- name was added as a cosponsor of and Management Improvement Act of dom to establish immediately a full, amendment No. 4208 proposed to S. 2006 is to build and maintain this envi- independent, public judicial inquiry 2766, supra. ronment. into the murder of Northern Ireland de- At the request of Mr. FRIST, the This legislation would strengthen fense attorney Pat Finucane, as rec- name of the Senator from Louisiana and improve the employee performance ommended by international Judge (Ms. LANDRIEU) was added as a cospon- appraisal system, which now is vague Peter Cory as part of the Western Park sor of amendment No. 4208 proposed to in its requirements. While some orga- agreement and a way forward for the S. 2766, supra. nizations have taken steps to mod- Northern Ireland Peace Process. f ernize their performance management systems and tools such as the Presi- AMENDMENT NO. 4203 STATEMENTS ON INTRODUCED dent’s Management Agenda have At the request of Mr. KERRY, the BILLS AND JOINT RESOLUTIONS name of the Senator from California moved agencies in that direction, there Mr. VOINOVICH: (Mrs. BOXER) was added as a cosponsor is no comprehensive governmentwide S. 3492. A bill to strengthen perform- of amendment No. 4203 intended to be mandate to do so. This legislation ance management in the Federal Gov- proposed to S. 2766, an original bill to would begin the reform process by ernment, to make the annual general authorize appropriations for fiscal year layering a modern performance man- pay increase for Federal employees 2007 for military activities of the De- agement system over the existing Gen- contingent on performance, and for partment of Defense, for military con- eral Schedule system. other purposes; to the Committee on struction, and for defense activities of This legislation would require that Homeland Security and Governmental the Department of Energy, to prescribe every Federal employee receive annu- Affairs. personnel strengths for such fiscal year ally a written performance appraisal. Mr. VOINOVICH. Mr. President, I for the Armed Forces, and for other That appraisal must align with the rise today to introduce the Federal purposes. agency’s strategic goals, be developed Workforce Performance Appraisal and with the employee, make meaningful AMENDMENT NO. 4205 Management Improvement Act. Before distinctions among employee perform- At the request of Mr. LAUTENBERG, I describe for my colleagues the details the names of the Senator from Michi- ance, and use the results in making de- of this legislation, I would like to pro- cisions for training, rewarding, pro- gan (Ms. STABENOW), the Senator from vide background on why I believe it is moting, reassigning, and removing em- New Mexico (Mr. BINGAMAN), the Sen- important for Congress to consider leg- ployees. ator from Iowa (Mr. HARKIN), the Sen- islation reforming the performance ap- This legislation would require the Of- ator from Arkansas (Mrs. LINCOLN), the praisal processes of the government. fice of Personnel Management to pro- Senator from New Jersey (Mr. MENEN- My interest in the federal workforce vide technical assistance to agencies DEZ), the Senator from Maryland (Ms. began after working with the Federal and approve the system. The govern- MIKULSKI), the Senator from Louisiana Government for 18 years as an outside ment must utilize the Office of Per- (Ms. LANDRIEU), the Senator from Con- force, 10 years as mayor of Cleveland sonnel Management’s institutional ex- necticut (Mr. LIEBERMAN), the Senator and 8 years as Governor of Ohio. pertise. from Massachusetts (Mr. KERRY) and Through my work as chairman of the This legislation would require that the Senator from Washington (Mrs. Subcommittee on Oversight of Govern- managers receive the appropriate URRAY) were added as cosponsors of M ment Management, the Federal Work- training to judge the performance of amendment No. 4205 proposed to S. force and the District of Columbia, I their subordinates, make expectations 2766, an original bill to authorize ap- continue to observe that investing in clear to employees, and give construc- propriations for fiscal year 2007 for personnel and workforce management; tive feedback. military activities of the Department in fact, management in general, strug- This legislation would stipulate that of Defense, for military construction, gles to be a priority in the Federal if an employee does not achieve a suc- and for defense activities of the De- Government. My own experience as cessful rating under the new appraisal partment of Energy, to prescribe per- county auditor, county commissioner, system, then that employee would be sonnel strengths for such fiscal year mayor, and governor has taught me ineligible for the annual pay increase for the Armed Forces, and for other that, of all the things in which govern- or a within grade increase. purposes. ment can invest, resources dedicated to This legislation would provide indi- AMENDMENT NO. 4206 human capital bring the greatest re- viduals hired as senior level or senior At the request of Mr. LUGAR, the turn. technical to access level II of the Exec- name of the Senator from Delaware I continue to applaud the current ad- utive Schedule with an OPM certified (Mr. BIDEN) was added as a cosponsor of ministration for its systematic ap- performance appraisal system, con- amendment No. 4206 intended to be pro- proach to improving and scrutinizing sistent with statute for the Senior Ex- posed to S. 2766, an original bill to au- the management practices of the Fed- ecutive Service. thorize appropriations for fiscal year eral Government through the Presi- I am introducing this legislation be- 2007 for military activities of the De- dent’s Management Agenda and its re- cause I believe that employees should partment of Defense, for military con- lated scorecard. Each year, the admin- receive a rigorous evaluation each year struction, and for defense activities of istration raises the bar as to what and that their pay should be deter- the Department of Energy, to prescribe earns an agency a green, or successful, mined based upon their performance. I personnel strengths for such fiscal year rating. One of the criteria used to agree with the observation that has for the Armed Forces, and for other evaluate a department or agency for been made repeatedly by Comptroller purposes. strategic management of human cap- General David Walker, that the pas- AMENDMENT NO. 4208 ital this year is demonstrating a strong sage of time should not be the single At the request of Mr. WARNER, the performance appraisal system for the most important factor in determining name of the Senator from Alabama Senior Executive Service, agency man- an employee’s pay. Instead, it should (Mr. SESSIONS) was added as a cospon- agers, and 60 percent of the workforce. be determined by productivity, effec- sor of amendment No. 4208 proposed to I believe that an effective perform- tiveness, and contributions of that em- S. 2766, an original bill to authorize ap- ance management system is funda- ployee. propriations for fiscal year 2007 for mental to building a results-oriented I have implemented pay for perform- military activities of the Department organization. By developing a system ance before, and it can work. However,

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.035 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5782 CONGRESSIONAL RECORD — SENATE June 13, 2006 it requires a significant commitment ‘‘(B) involve employees in the development from time to time after their implementa- on behalf of managers and leaders. In- of their performance standards; tion to determine the extent to which the stead of taking one giant bite at the ‘‘(C) provide each employee with a written application of any such system meets the re- apple, I believe it will be easier for performance appraisal annually; quirements of this subchapter; and ‘‘(D) make meaningful distinctions in per- Federal agencies to implement en- ‘‘(B) report to the President and Congress formance; and any finding that an agency has failed to hanced employee appraisals first. By ‘‘(E) use the results of performance ap- meet those requirements. instituting a more rigorous perform- praisals as a basis for training, rewarding, ‘‘(3) If the Director of the Office deter- ance management standard on top of compensating, reassigning, promoting, re- mines that a system does not meet the re- the current general schedule, I am op- ducing in grade, retaining, and removing em- quirements of this subchapter (including reg- timistic this will create less anxiety ployees. ulations prescribed under section 4305), the among Federal employees. ‘‘(3) Consistent with section 4304, each per- Director of the Office shall direct the agency I also would like to stress that I in- formance appraisal system established under to implement an appropriate system or to tend this effort to be completely bipar- this subsection shall be developed with ap- correct operations under the system, and propriate technical assistance from the Of- any such agency shall take any action so re- tisan. The proposal I have outlined fice of Personnel Management and shall be quired.’’. here today is not set in stone, and I reviewed before implementation and from SEC. 3. MANDATORY TRAINING PROGRAMS FOR imagine that it will undergo many time to time thereafter by the Director of SUPERVISORS. changes. the Office to determine whether the system (a) IN GENERAL.—Section 4121 of title 5, I would like to transform the culture meets the requirements of this subchapter. United States Code, is amended to read as of the Federal workforce into a high- The agency shall promptly take any correc- follows: performing, continually improving or- tive action directed by the Director of the ‘‘§ 4121. Specific training programs Office at any time under section 4304 (b)(3). ganization that focuses on achieving ‘‘(a) In this section, the term ‘supervisor’ ‘‘(b) Under regulations which the Director means— results for the American people. The of the Office of Personnel Management shall ‘‘(1) a supervisor as defined under section Federal workforce must be as agile, prescribe, each performance appraisal sys- 7103(a)(10); and tem shall provide for— nimble, and intellectually energetic as ‘‘(2) any other employee as the Director of ‘‘(1) holding supervisors and managers ac- the leading nongovernmental organiza- the Office may by regulation prescribe. tions or dot-com companies, capable of countable in their performance appraisal for ‘‘(b) Under operating standards promul- addressing the wide ranging challenges effectively managing the performance of em- gated by, and in consultation with, the Di- facing the U.S., from national security ployees, which includes— rector of the Office of Personnel Manage- ‘‘(A) assessing performance; ment, the head of each agency shall estab- to global economic competitiveness to ‘‘(B) providing ongoing feedback and pre- providing vital social services. lish— paring written performance appraisals; ‘‘(1) a comprehensive management succes- We must discuss the challenges be- ‘‘(C) addressing poor performance; and fore us and ask if the rules and culture sion program to provide training to employ- ‘‘(D) promoting and rewarding excellent ees to develop managers for the agency; and of today’s Federal workforce get the performance; ‘‘(2) a program to provide training to su- job done. We must engage in a dialogue ‘‘(2) establishing performance standards re- pervisors on actions, options, and strategies about the future of the public service lated to relevant assigned tasks for each em- a supervisor may use in— and ask the difficult questions about ployee or position under the system which ‘‘(A) communicating performance expecta- what we want it to achieve and how do will permit— tions and conducting employee performance ‘‘(A) the accurate evaluation of perform- appraisals; we make it happen. This conversation ance on the basis of objective criteria, to the will make many people uncomfortable, ‘‘(B) mentoring employees and improving maximum extent feasible; and employee performance and productivity; but it must take place. For as all of us ‘‘(B) making meaningful distinctions in who work on Federal workforce issues ‘‘(C) dealing with employees whose per- performance; formance is unacceptable; and know, there is great disagreement ‘‘(3) communicating to each employee at ‘‘(D) otherwise carrying out the duties and about the types of reforms and changes the beginning of each appraisal period the responsibilities of a supervisor. that should be made going forward. We performance standards and the critical ele- ‘‘(c)(1) Not later than 1 year after the date must ask, what should the Federal ments of the employee’s position; on which an individual is appointed to the workforce be doing for America to ‘‘(4) evaluating each employee during the position of supervisor, and every 5 years appraisal period on such standards; thereafter, that individual shall be required meet the challenges of the 21st cen- ‘‘(5) assisting employees in improving un- tury? Once we have answered that to complete the program established under acceptable performance; subsection (b)(2). question, we can begin to discuss how ‘‘(6) reassigning, reducing in grade, or re- ‘‘(2) Each program established under sub- we build that workforce. moving employees who continue to have un- section (b)(2) shall include provisions under Mr. President, I ask unanimous con- acceptable performance, but only after an which credit may be given for periods of sent that the text of the bill be printed opportunity to demonstrate acceptable per- similar training previously completed. in the RECORD. formance; ‘‘(d) The Director of the Office of Personnel There being no objection, the text of ‘‘(7) establishing multiple levels of sum- Management shall prescribe regulations to the bill was ordered to be printed in mary performance ratings which provide for carry out this section.’’. (b) EFFECTIVE DATE AND APPLICATION.— the RECORD, as follows: making meaningful distinctions in performance, including at least— (1) IN GENERAL.—The amendments made by S. 3492 ‘‘(A) a summary level of fully successful this section shall take effect as provided Be it enacted by the Senate and House of Rep- (or equivalent); under section 8 and apply to— resentatives of the United States of America in ‘‘(B) a summary level of unacceptable; and (A) each individual appointed to the posi- Congress assembled, ‘‘(C) a summary level above fully success- tion of a supervisor, as defined under section SECTION 1. SHORT TITLE. ful; and 4121(a) of title 5, United States Code, (as This Act may be cited as the ‘‘Federal ‘‘(8) recognizing and rewarding employees added by subsection (a) of this section) on or Workforce Performance Appraisal and Man- whose performance so warrants.’’; and after that effective date; and agement Improvement Act of 2006’’. (2) by amending section 4304 to read as fol- (B) each individual who is employed in the SEC. 2. PERFORMANCE APPRAISAL SYSTEMS. lows: position of a supervisor on that effective Subchapter 1 of chapter 43 of title 5, United ‘‘§ 4304. Responsibilities of the Office of Per- date as provided under paragraph (2). States Code, is amended— sonnel Management (2) SUPERVISORS ON EFFECTIVE DATE.—Each (1) by amending section 4302 to read as fol- individual who is employed in the position of ‘‘(a) The Office of Personnel Management lows: a supervisor on the effective date of this sec- shall make technical assistance available to ‘‘§ 4302. Establishment of performance ap- agencies in the development of performance tion shall be required to — praisal systems appraisal systems. (A) complete the program established ‘‘(a)(1) Subject to paragraphs (2) and (3), ‘‘(b)(1) The Director of the Office shall re- under section 4121(b)(2) of title 5, United each agency shall establish 1 or more per- view each performance appraisal system de- States Code (as added by subsection (a) of formance appraisal systems to promote high veloped by any agency under this subchapter this section), not later than 3 years after the performance. prior to its implementation and determine effective date of this section; and ‘‘(2) In designing and applying a perform- whether the performance appraisal system as (B) complete that program every 5 years ance appraisal system established under this designed meets the requirements of this sub- thereafter in accordance with section 4121(c) subsection, each agency shall— chapter. of such title. ‘‘(A) link the system with the strategic ‘‘(2) The Director of the Office shall— SEC. 4. PAY RATES AND SYSTEMS. goals and annual performance plan of the ‘‘(A) review agency performance appraisal Chapter 53 of title 5, United States Code, is agency; systems developed under this subchapter amended—

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.038 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5783 (1) in section 5303, by adding at the end the proves. The rules may provide for reducing (i) by amending paragraph (2) to read as following: an employee’s rate of basic pay to the extent follows: ‘‘(h)(1) An employee covered under sub- necessary to prevent any increase in the em- ‘‘(2) A prevailing rate employee under a chapter III whose summary rating of per- ployee’s special rate. Such a reduction in an regular wage schedule whose summary rat- formance for the most recently completed employee’s rate of basic pay shall not be con- ing of performance for the most recently appraisal period is below the fully successful sidered a reduction in pay for the purpose of completed appraisal period is at least at the level, as defined by the Director of the Office applying the adverse action procedures in fully successful level, as defined by the Di- of Personnel Management, may not receive section 7512. rector of the Office of Personnel Manage- an increase in the rate of basic pay of that ‘‘(3) When a determination is made that a ment, shall advance automatically to the employee as the result of an adjustment covered employee will not receive an in- next higher step within the grade at the be- under this section. The Director shall pre- crease in the special rate of that employee ginning of the first applicable pay period fol- scribe such rules as may be necessary to ad- under this subsection because the employee’s lowing the completion by that employee of— minister this subsection, including rules re- summary rating of performance for the most ‘‘(A) 26 calendar weeks of service in step 1; garding the treatment of an employee whose recently completed appraisal period is below ‘‘(B) 78 calendar weeks of service in step 2; rate of basic pay falls below the minimum the fully successful level, the employee is en- and rate of the applicable grade (or between steps titled to prompt written notice of that deter- ‘‘(C) 104 calendar weeks of service in each of a grade) and the treatment of an employee mination and an opportunity for reconsider- of steps 3 and 4.’’; whose performance subsequently improves. ation of the determination within the agen- (ii) by amending paragraph (4) to read as ‘‘(2) When a determination is made that an cy, as specified in the procedures prescribed follows: employee covered under subchapter III will by the Director under section 5335(c). If the ‘‘(4) Supervisory wage schedules and spe- not receive an increase in the rate of basic determination is affirmed on reconsider- cial wage schedules authorized under sub- pay of that employee because the employee’s ation, the employee is entitled to appeal to section (c)(3) may have single or multiple summary rating of performance for the most the Merit Systems Protection Board under rates or steps according to prevailing prac- recently completed appraisal period is below the same terms and conditions as specified in tices in the industry on which the schedule the fully successful level, the employee is en- such section.’’; is based. A prevailing rate employee under a titled to prompt written notice of that deter- (4) in section 5335— supervisory or special wage schedule with mination and an opportunity for reconsider- (A) in subsection (a) by amending subpara- multiple rates or steps whose summary rat- ation of the determination within the agen- graph (B) to read as follows: ing of performance for the most recently cy, as specified in the procedures prescribed ‘‘(B) the employee’s summary rating of completed appraisal period is at least at the by the Director of the Office of Personnel performance for the most recently completed fully successful level, as defined by the Di- Management under section 5335(c). If the de- appraisal period is at least at the fully suc- rector of the Office of Personnel Manage- termination is affirmed on reconsideration, cessful level, as defined by the Director of ment, shall advance automatically to the the employee is entitled to appeal to the the Office of Personnel Management.’’; and next higher step within the grade at the be- Merit Systems Protection Board under the (B) by amending subsection (c) to read as ginning of the first applicable pay period fol- same terms and conditions as specified in follows: lowing the completion by that employee of such section.’’; ‘‘(c)(1) When an employee’s summary rat- any required waiting period.’’; and (2) in section 5304, by amending subsection ing of performance for the most recently (iii) by adding at the end the following: ‘‘(5)(A) When a summary rating of perform- (i) to read as follows: completed appraisal period is below the fully ‘‘(i) The Director of the Office of Personnel ance of an employee covered under this sub- successful level, the pay of that employee Management shall prescribe regulations, chapter for the most recently completed ap- may not be increased under this section. consistent with this section, governing the praisal period is below the fully successful Such an employee is entitled to prompt writ- payment of comparability payments to em- level, as defined by the Director of the Office ten notice of the determination not to in- ployees. The regulations shall provide that, of Personnel Management, the employee crease the pay of that employee and an op- at the time of an increase in a comparability may not be advanced to the next higher step portunity for reconsideration of the deter- payment, the rate of basic pay of an em- within the grade under paragraph (2) or (4). mination within the agency under uniform ployee covered under subchapter III, or any Such an employee is entitled to prompt writ- procedures prescribed by the Director of the other pay system designated by the Director, ten notice of the determination not to in- Office of Personnel Management. If the de- whose summary rating of performance for crease the pay of that employee and an op- termination is affirmed on reconsideration, the most recently completed appraisal pe- portunity for reconsideration of the deter- the employee is entitled to appeal to the riod is below the fully successful level, as de- mination within the agency under uniform Merit Systems Protection Board. If the re- fined by the Director, shall be reduced by an procedures prescribed by the Director of the consideration or appeal results in a reversal amount that results in retaining the employ- Office of Personnel Management. If the de- of the earlier determination, the new deter- ee’s total rate of pay under this section and termination is affirmed on reconsideration, mination supersedes the earlier determina- sections 5303 and 5304a, as in effect imme- the employee is entitled to appeal to the tion and is deemed to have been made as of diately before any increase under such sec- Merit Systems Protection Board. If the re- the date of the earlier determination. The tions. Such a reduction in an employee’s rate consideration or appeal results in a reversal authority of the Director to prescribe proce- of basic pay shall not be considered a reduc- of the earlier determination, the new deter- dures and the entitlement of the employee to tion in pay for the purpose of applying the mination supersedes the earlier determina- appeal to the Board do not apply to a deter- adverse action procedures under section tion and is deemed to have been made as of mination made by the Librarian of Congress. 7512.’’; and ‘‘(2) Notwithstanding any other provision the date of the earlier determination. ‘‘(B) Notwithstanding any other provision (3) in section 5305, by amending subsection of law, an employee may grieve or appeal the of law, an employee may grieve or appeal the (f) to read as follows: first pay determination under this sub- ‘‘(f)(1) When a schedule of special rates es- first pay determination under this para- section or under section 5303(h), 5305(f), or tablished under this section is adjusted graph, subsection (g), or section 5363(b)(2)(C) 5363(b)(2(C) that is based on the employee’s under subsection (d), the special rate of an when such determinations are made based on most recent summary rating of performance. employee shall be adjusted in accordance the same summary rating of performance. An employee may not grieve or appeal any with conversion rules prescribed by the Di- An employee may not grieve or appeal any subsequent pay determination made that is rector of the Office of Personnel Manage- subsequent pay determination made that is based on the same summary rating of per- ment (or by such other agency as the Presi- based on the same summary rating of performance’’; and dent may designate under the last sentence formance.’’ (5) by amending section 5338 to read as fol- of subsection (a)(1)). (B) by adding at the end the following: ‘‘(2) The conversion rules prescribed under lows: ‘‘(g)(1) An employee covered under this paragraph (1), shall provide that a covered ‘‘§ 5338. Regulations subchapter whose summary rating of per- employee whose summary rating of perform- ‘‘The Director of the Office of Personnel formance for the most recently completed ance for the most recently completed ap- Management may prescribe regulations nec- appraisal period is below the fully successful praisal period is below the fully successful essary for the administration of this sub- level, as defined by the Director of the Office level, as defined by the Director of the Office chapter. Such regulations shall address how of Personnel Management, may not receive of Personnel Management, may not receive paysetting rules apply to an employee whose an increase in the rate of basic pay of that an increase in the special rate of that em- rate of basic pay is not equal to 1 of the employee as the result of an adjustment in ployee as the result of an adjustment under scheduled step rates as a result of a deter- any wage schedule established under this subsection (d). The Director shall prescribe mination not to increase the rate of basic subchapter. The Director may prescribe such such rules as may be necessary to administer pay of that employee under section 5303(h) or rules as may be necessary to administer this this paragraph, including rules regarding the 5305(f) or to reduce the rate of basic pay of subsection, including rules regarding the treatment of an employee whose rate of that employee under section 5304(i) or treatment of an employee whose rate of basic pay falls below the minimum rate of 5305(f).’’; basic pay falls below the minimum rate of the applicable grade (or between pay rates or (6) in section 5343 (relating to prevailing the applicable grade (or between steps of a steps of a grade) and the treatment of an em- rate wage systems)— grade) and the treatment of an employee ployee whose performance subsequently im- (A) in subsection (e)— whose performance subsequently improves.

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.039 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5784 CONGRESSIONAL RECORD — SENATE June 13, 2006 ‘‘(2) When a determination is made that a pointing authority. Such criteria shall pro- (1) in paragraph (1) by amending subpara- covered employee will not receive an in- vide that a member of the Senior Executive graph (B) to read as follows: crease in the rate of basic pay of that em- Service may not receive an increase in the ‘‘(B) subject to paragraph (4), not greater ployee at the time of an adjustment in a rate of basic pay of that member if such than the rate of basic pay payable for level wage schedule because the employee’s sum- member’s summary rating of performance III of the Executive Schedule.’’; and mary rating of performance for the most re- for the most recently completed appraisal (2) by adding at the end the following: cently completed appraisal period is below period is below the fully successful level, as ‘‘(4) In the case of an agency which, under the fully successful level, the employee is en- defined by the Director. The Director shall section 5307(d), has a performance appraisal titled to prompt written notice of that deter- prescribe such rules as may be necessary to system which, as designed and applied, is mination and an opportunity for reconsider- administer this subsection, including rules certified as making meaningful distinctions ation of the determination within the agen- regarding the treatment of a member whose based on relative performance, paragraph cy, as specified in the procedures prescribed rate of basic pay falls below the otherwise (1)(B) shall apply as if the reference to ‘level by the Director of the Office of Personnel applicable minimum rate prescribed by sec- III’ were a reference to ‘level II’. Management under subsection (e)(5). If the tion 5382(a) and the treatment of a member ‘‘(5) No employee may suffer a reduction in determination is affirmed on reconsider- whose performance subsequently improves.’’. pay by reason of transfer from an agency ation, the employee is entitled to appeal to SEC. 5. SENIOR EXECUTIVE SERVICE PLACEMENT with an applicable maximum rate of pay pre- the Merit Systems Protection Board under IN OTHER PERSONNEL SYSTEMS. scribed under paragraph (4) to an agency the same terms and conditions as specified Section 3594(c)(2) of title 5, United States with an applicable maximum rate of pay pre- under subsection (e)(5).’’; Code, is amended to read as follows: scribed under paragraph (1)(B).’’. (7) in section 5363(b)(2) (relating to pay re- ‘‘(2)(A) Except as provided in subparagraph (c) AUTHORITY FOR EMPLOYMENT; APPOINT- tention)— (B) of this paragraph, an employee who is re- MENTS; CLASSIFICATION STANDARDS.—Title 5, (A) in subparagraph (B) by striking ‘‘A ceiving basic pay under paragraph (1)(B)(ii) United States Code is amended— rate’’ and inserting ‘‘Except as provided in or (iii) is entitled to have the rate of basic (1) in section 3104(a), in the second sentence, by striking ‘‘prescribes’’ and inserting subparagraph (C), a rate’’; and pay of the employee increased by 50 percent ‘‘prescribes and publishes in such form as the (B) by adding at the end the following: of the amount of each increase in the max- Office may determine’’; ‘‘(C)(i) An employee’s retained rate may imum rate of basic pay for the grade of the (2) in section 3324(a) by striking ‘‘the Office not be increased under subparagraph (B) if position in which the employee is placed of Personnel Management’’ and inserting: the employee’s summary rating of perform- under subsection (a) or (b) until the rate is ‘‘the Director of the Office of Personnel Man- ance for the most recently completed ap- equal to the rate in effect under paragraph agement on the basis of qualification stand- praisal period is below the fully successful (1)(B)(i) for the position in which the em- ards developed by the agency involved in ac- level, as defined by the Director of the Office ployee is placed. cordance with criteria specified in regula- of Personnel Management. The Director ‘‘(B) A rate of basic pay established under shall prescribe such rules as may be nections prescribed by the Director’’; paragraph (1)(B)(ii) or (iii) may not be in- essary to administer this subparagraph, in- (3) in section 3325— creased under subparagraph (A) if the em- cluding rules regarding the treatment of an (A) in subsection (a), in the second sen- ployee’s summary rating of performance for employee whose performance subsequently tence, by striking ‘‘or its designee for this the most recently completed appraisal pe- improves. purpose’’ and inserting the following: ‘‘on riod is below the fully successful level, as de- ‘‘(ii) When a determination is made that an the basis of standards developed by the agen- fined by the Director of the Office of Per- employee will not receive an increase in the cy involved in accordance with criteria spec- sonnel Management. The Director shall pre- retained rate of that employee because the ified in regulations prescribed by the Direc- scribe such rules as may be necessary to ad- employee’s summary rating of performance tor of the Office of Personnel Management’’; minister this subparagraph, including rules for the most recently completed appraisal and regarding the treatment of an employee period is below the fully successful level, the (B) by adding at the end the following: employee is entitled to prompt written no- whose performance subsequently improves.’’. ‘‘(c) The Director of the Office of Personnel tice of that determination and an oppor- SEC. 6. CERTAIN SENIOR-LEVEL POSITIONS. Management shall prescribe such regulations tunity for reconsideration of the determina- (a) LOCALITY PAY.—Section 5304 of title 5, as may be necessary to carry out the purpose tion within the agency, as specified in the United States Code, as amended by section 4 of this section.’’; and procedures prescribed by the Director of the of this Act, is further amended— (4) in section 5108(a)(2) by inserting ‘‘pub- Office of Personnel Management under sec- (1) in subsection (g), by amending para- lished by the Director of the Office of Per- tion 5335(c). If the determination is affirmed graph (2) to read as follows: sonnel Management in such form as the Of- on reconsideration, the employee is entitled ‘‘(2) The applicable maximum under this fice may determine’’ after ‘‘and procedures’’. to appeal to the Merit Systems Protection subsection shall be level III of the Executive SEC. 7. REGULATIONS. Board under the same terms and conditions Schedule for— Not later than 1 year after the date of en- as specified under section 5335(c).’’; ‘‘(A) positions under subparagraphs (A) and actment of this Act, the Director of the Of- (8) in section 5376(b) (relating to pay for (B) of subsection (h)(1); and fice of Personnel Management shall pre- certain senior-level positions)— ‘‘(B) any positions under subsection scribe regulations to carry out this Act, in- (A) in paragraph (2), by striking ‘‘Subject (h)(1)(C) as the President may determine.’’; cluding the amendments made by this Act. to paragraph (1)’’ and inserting ‘‘Subject to and SEC. 8. EFFECTIVE DATES AND IMPLEMENTA- paragraphs (1) and (3)’’; and (2) in subsection (h)— TION. (B) by adding at the end the following: (A) in paragraph (1)— (a) SECTIONS 2 AND 3.— ‘‘(3) Notwithstanding any other provision (i) by striking subparagraph (A); (1) EFFECTIVE DATE.—The amendments of this section, an employee covered under (ii) by redesignating subparagraphs (B), made by sections 2 and 3 shall take effect on this section whose summary rating of per- (C), and (D) as subparagraphs (A), (B), and the earlier of— formance for the most recently completed (C), respectively; (A) 180 days after the date of enactment of appraisal period is below the fully successful (iii) in clause (v), by striking ‘‘or’’ at the this Act; or level, as defined by the Director of the Office end; (B) the effective date of implementing reg- of Personnel Management, may not receive (iv) in clause (vi), by striking the period at ulations prescribed by the Director of the Of- an increase in the rate of basic pay of that the end and inserting ‘‘; or’’; and fice of Personnel Management. employee. The Director shall prescribe such (v) by adding at the end the following: (2) SUBMISSIONS.— rules as may be necessary to administer this ‘‘(vii) a position to which section 5376 ap- (A) PERFORMANCE APPRAISAL SYSTEMS.— paragraph, including rules regarding the plies (relating to certain senior-level and sci- Not later than July 1, 2007, each agency cov- treatment of an employee whose rate of entific and professional positions).’’; ered by subchapter I of chapter 43 of title 5, basic pay falls below the otherwise applica- (B) in paragraph (2)(B)— United States Code, shall submit to the Di- ble minimum rate prescribed by paragraph (i) in clause (i)— rector of the Office of Personnel Manage- (1)(A) and the treatment of an employee (I) by striking ‘‘subparagraphs (A) through ment each performance appraisal system es- whose performance subsequently improves.’’; (C)’’ and inserting ‘‘subparagraphs (A) and tablished under that subchapter so that the (9) in section 5382(a), in the first sentence, (B)’’; and Director may determine whether the system by inserting ‘‘(except as provided by section (II) by striking ‘‘or (vi)’’ and inserting meets the requirements of the subchapter. 5383(a))’’ after ‘‘for the Senior Executive ‘‘(vi), or (vii)’’; and Each submission under this paragraph shall Service, and’’; and (ii) in clause (ii)— include all information the Director requires (10) in section 5383, by amending subsection (I) by striking ‘‘paragraph (1)(D)’’ and in- in order to make the determination. (a) to read as follows: serting ‘‘paragraph (1)(C)’’; and (B) REPORT TO CONGRESS.—Not later than ‘‘(a) Each appointing authority shall deter- (II) by striking ‘‘or (vi)’’ and inserting November 1, 2007, the Director of the Office mine, in accordance with criteria established ‘‘(vi), or (vii)’’. of Personnel Management shall submit a re- by the Director of the Office of Personnel (b) ACCESS TO HIGHER MAXIMUM RATE OF port regarding the Director’s review under Management, which of the rates within a BASIC PAY.—Section 5376(b) of title 5, United section 4304(b)(1) of title 5, United States range established under section 5382 shall be States Code, as amended by section 4 of this Code, as amended by section 2 of this Act, to paid to each senior executive under such ap- Act, is further amended— the President and Congress.

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.039 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5785 (b) SECTIONS 4 AND 5.—The amendments of healing that lasted through succes- mand (formerly the Joint Task Force-Full made by sections 4 and 5 shall apply with re- sive Republican and Democratic ad- Accounting) established in 1992 by President spect to any employee beginning on the first ministrations and was supported by George H. W. Bush to provide the fullest pos- day of the first pay period following the com- courageous bipartisan action in the sible accounting of MIA and POW cases. pletion of 52 weeks after the date on which (3) In 2000, the United States and Vietnam the first annual adjustments in rates of basic Congress: Between 1991 and 1993, vet- concluded a bilateral trade agreement that pay under section 5303 of title 5, United erans Senator JOHN KERRY, Senator included commitments on goods, services, States Code, occur following the date of en- MCCAIN, and former Senator Bob Smith intellectual property rights, and investment. actment of this Act. led the Senate Select Committee on The agreement was approved by joint resolu- (c) SECTION 6.— POW/MIA Affairs in the most exhaus- tion enacted pursuant to section 405(c) of the (1) EFFECTIVE DATE.—The amendments tive investigation of the status of Trade Act of 1974 (19 U.S.C. 2435(c)), and en- made by section 6 shall take effect on the POWs and MIAs ever conducted. In tered into force in December 2001. first day of the first pay period beginning on (4) Since 2001, normal trade relations treat- or after the 180th day following the date of Feberuary of 1994, President Bill Clin- ment has consistently been extended to Viet- enactment of this Act. ton lifted the trade embargo on Viet- nam pursuant to title IV of the Trade Act of (2) NO REDUCTIONS IN RATES OF PAY.— nam. 17 months later, in July of 1995, 1974. (A) IN GENERAL.—The amendments made he announced the normalization of po- (5) Vietnam has undertaken significant by section 6 may not result, at the time such litical relations with Vietnam. In July market-based economic reforms, including amendments take effect, in a reduction in of 2000, the United States and Vietnam the reduction of government subsidies, tar- the rate of basic pay for an individual hold- concluded a comprehensive Bilateral iffs and nontariff barriers, and extensive legal reform. These measures have dramati- ing a position to which section 5376 of title 5, Trade Agreement, allowing the United United States Code, applies. cally improved Vietnam’s business and in- States to provide, for the first time, (B) DETERMINATION OF RATE OF PAY.—For vestment climate. the purposes of subparagraph (A), the rate of nondiscriminatory treatment to Viet- (6) Vietnam is in the process of acceding to basic pay for an individual described in that nam’s products. And just last month, the World Trade Organization. On May 31, subparagraph shall be deemed to be the rate the United States and Vietnam signed 2006, the United States and Vietnam signed a of basic pay set for the individual under such another trade agreement, paving the comprehensive bilateral agreement pro- section 5376, plus applicable locality pay paid way for Vietnam’s accession to the viding greater market access for goods and to that individual, as of the effective date services and other trade liberalizing commit- World Trade Organization. ments as part of the World Trade Organiza- under paragraph (1). Today, we continue the legacy of rec- (d) REFERENCES TO MAXIMUM RATES.—Ex- tion accession process. cept as otherwise provided by law, any ref- onciliation. SEC. 2. TERMINATION OF APPLICATION OF TITLE erence in a provision of law to the maximum This morning, Senator SMITH and I— IV OF THE TRADE ACT OF 1974 TO rate under section 5376 of title 5, United along with Senators MCCAIN, KERRY, VIETNAM. States Code— HAGEL, LUGAR, MURKOWSKI, and CAR- (a) PRESIDENTIAL DETERMINATIONS AND EX- TENSION OF NON-DISCRIMINATORY TREAT- (1) as provided before the effective date of PER—introduced a bill to grant Viet- MENT.—Notwithstanding any provision of the amendments made by section 6, shall be nam Permanent Normal Trade Rela- title IV of the Trade Act of 1974 (19 U.S.C. considered a reference to the rate of basic tions status, or PNTR. I congratulate 2431 et seq.), the President may— pay for level IV of the Executive Schedule; Representatives RAMSTAD and THOMP- (1) determine that such title should no and longer apply to Vietnam; and (2) as provided on or after the effective SON for introducing the House version of this bill. (2) after making a determination under date of the amendments made by section 6, paragraph (1) with respect to Vietnam, pro- shall be considered a reference to— This is the final step on the road to normalization. With this bill, we will claim the extension of nondiscriminatory (A) the rate of basic pay for level III of the treatment (normal trade relations treat- Executive Schedule; or complete the process begun 15 years ment) to the products of that country. (B) if the head of the agency responsible ago. (b) TERMINATION OF THE APPLICABILITY OF for administering the applicable pay system Today, we open a new book to the fu- TITLE IV.—On and after the effective date of certifies that the employees are covered by a ture. the extension of nondiscriminatory treat- performance appraisal system meeting re- With 83 million people and a median ment to the products of Vietnam under sub- quirements established by the Director of age just over 25 years old, Vietnam is section (a), title IV of the Trade Act of 1974 the Office of Personnel Management, level II shall cease to apply to that country. of the Executive Schedule. one of the most important emerging markets in Asia. Our trade with Viet- Mr. SMITH. Mr. President, I rise to By Mr. BAUCUS (for himself, Mr. nam has grown to 30 times what it was join the Senator from Montana, Mr. BAUCUS, in offering legislation that SMITH, Mr. MCCAIN, Mr. KERRY, in 1994. would grant Vietnam permanent nor- Mr. HAGEL, Mr. LUGAR, Ms. With PNTR, we begin the story of malized trade relations treatment and MURKOWSKI, and Mr. CARPER): full engagement between the United S. 3495. A bill to authorize the exten- States and Vietnam. It is a story of help to pave the way for Vietnam’s ac- sion of nondiscriminatory treatment economic cooperation and cultural un- cession to the World Trade Organiza- tion. I am proud to also be joined in (normal trade relations treatment) to derstanding. It is a story where trade this effort by Senators MCCAIN, KERRY, the products of Vietnam; to the Com- and markets overshadow memories of HAGEL, LUGAR, MURKOWSKI, and CAR- mittee on Finance. guns and war. PER. Mr. BAUCUS. Mr. President, today, I I look forward to working with my Last December, I was privileged to Senate and House colleagues, the ad- introduce with Senator GORDON SMITH lead a delegation of U.S. Senators to ministration, and all interested parties a bill to grant Vietnam permanent nor- Vietnam. During our visit, we met with to pass this historic bill by the August mal trade relations status. President Luong and other Vietnamese recess. Thirty-one years ago, the lights went officials to discuss the importance of I ask that a copy of the text of the out on the relationship between the our bilateral relationship and the need bill be printed into the RECORD. United States and Vietnam. Diplo- to get a good market access agreement There being no objection, the text of matic relations were broken off, and between the United States and Viet- the bill was ordered to be printed in trade ceased. The story between our nam that will help cement that rela- two countries became one of refugees, the RECORD, as follows: tionship. prisoners of war, and soldiers missing S. 3495 I congratulate Ambassadors Rob in action. Hostility and mistrust pre- Be it enacted by the Senate and House of Rep- Portman and Susan Schwab and the vailed. Normalization was a dream of resentatives of the United States of America in USTR team for their work to get this the visionary or the fool. Congress assembled, agreement. This is a great achieve- In 1991—16 years after the last heli- SECTION 1. FINDINGS. ment. copters took off from the roof of the Congress finds the following: Over the last decade, our relationship U.S. Embassy in Saigon—flickers of (1) In July 1995, President Bill Clinton an- with Vietnam has been characterized reconciliation emerged out of the dark- nounced the formal normalization of diplomatic relations between the United States by increased cooperation and engage- ness. In April of that year, President and Vietnam. ment. The passage of our legislation George H.W. Bush presented the Viet- (2) Vietnam has taken cooperative steps will enhance those ties and create new namese government with a roadmap for with the United States under the United economic opportunities for U.S. busi- normalization. That started a process States Joint POW/MIA Accounting Com- nesses.

VerDate Aug 31 2005 01:32 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.039 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5786 CONGRESSIONAL RECORD — SENATE June 13, 2006 In recent years, Vietnam has under- agement land in Pima County, Arizona, conservation objectives while man- taken a number of market-based eco- and for other purposes; to the Com- aging our development. It is a bill with nomic reforms, including the reduction mittee on Energy and Natural Re- broad support that includes the Gov- of government subsidies, tariffs, and sources. ernor of Arizona, Pima County, the non-tariff barriers, and extensive legal Mr. KYL. Mr. President, today I am city of Tucson, and many others. I urge reforms. These reforms have spurred pleased to join with Senator MCCAIN to my colleagues to work with me to ap- dramatic economic growth. Vietnam is introduce the Las Cienegas Enhance- prove this legislation at the earliest now the fastest growing economy in ment Act of 2006. This legislation di- possible date. Southeast Asia and a growing market rects a land exchange between the Bu- for U.S. exporters. reau of Land Management and the Las By Mr. KYL (for himself, Mr. In 2000, the United States and Viet- Cienegas Conservation, LLC. in south- GRASSLEY, Mr. DEWINE, Mr. nam concluded a bilateral trade agree- eastern Arizona. The bill is the product CORNYN, Mr. BROWNBACK, Ms. ment. Since that agreement entered of consensus. State and local officials, SNOWE, Mr. BURNS, Mrs. into force, U.S. exports to Vietnam conservationists, and other stake- HUTCHISON, and Mr. ALLEN): have increased by 150 percent. Last holders have worked together to struc- S. 3499. A bill to amend title 18, year alone, U.S. exports to Vietnam ture an exchange that is fair and in the United States Code, to protect youth rose by 24 percent. public interest. from exploitation by adults using the The recently negotiated market ac- Let me explain the details of the ex- Internet, and for other purposes; to the cess agreement will build upon that change. The land to be transferred out Committee on the Judiciary. success by further lowering trade bar- of Federal ownership, approximately Mr. KYL. Mr. President, I rise today riers to a wide range of U.S. industrial 1,280 acres, is referred to as the to introduce the Internet SAFETY Act and agricultural products and services. ‘‘Sahuarita property.’’ This property is of 2006. The word ‘‘SAFETY’’ in the Upon Vietnam’s accession to the WTO, BLM-managed land south of Tucson bill’s title stands for Stop Adults Fa- U.S. businesses will enjoy greater ac- near Corona de Tucson. The land is cilitating the Exploitation of Youth. It cess to a market of more than 83 mil- low-lying Sonoran desert and has been is a fairly descriptive acronym, for the lion people. identified for disposal by the BLM provisions of the Internet SAFETY Act Agricultural producers will benefit through its land-use planning process. are designed to crack down on the from immediate tariff reductions on The private land to be brought into spread of Internet child pornography U.S. exports as well as new commit- Federal ownership is approximately and related conduct. The act does so by ments by Vietnam to improve imple- 2,392 acres of land referred to as the creating new Federal offenses and mentation of sanitary and phytosani- ‘‘Empirita-Simonson property.’’ This causes of action targeted at those who tary measures. Oregon growers will property lies north of the Las Cienegas produce or knowingly facilitate Inter- benefit as tariffs on apples and pears National Conservation Area managed net child pornography, by increasing are cut from 40 percent to 10 percent by the BLM. The Empirita-Simonson penalties for child pornography, sex over the next 5 years and tariffs on fro- property lies within the ‘‘Sonoita Val- trafficking, and sexual abuse offenses, zen French fries are reduced from 50 ley Acquisition Planning District’’ es- and by increasing resources available percent to 13 percent over the next 6 tablished by Public Law 106–538, which for prosecution and prevention of child years. designated the Las Cienegas National sexual-abuse offenses, including au- Oregon manufacturing and branding Conservation Area. The act directed thorizing 200 new assistant U.S. attor- companies have long had a presence in the Department of the Interior to ac- neys across the country to prosecute Vietnam. These companies will imme- quire lands from willing sellers within child pornography and sexual exploi- diately benefit from increased market the planning district for inclusion tation crimes. access and greater regulatory trans- within the conservation area to further The need for renewed law-enforce- parency. protect the important resource values ment attention to child pornography is Having Vietnam within the rules- for which the area was designated. demonstrated in a recent report of the based global trading system will be Although this bill is centered on the U.S. Justice Department titled ‘‘Proj- good for U.S. businesses. This accession land exchange I just described, it also ect Safe Childhood.’’ I will ask to have agreement will be key to ensuring that accomplishes two other important ob- an extended excerpt from the report Vietnam follows global trade rules. jectives: addressing water withdrawals printed in the RECORD at the conclu- It will also ensure that the Viet- at Ciengas Creek and providing road sion of my remarks. As the report namese people will be able to realize access to a popular recreation destina- notes, ‘‘judging simply by [recent] the benefits of trade liberalization. By tion, the Whetstone Mountains con- crime statistics, it is clear that the increasing transparency and imple- trolled by the Forest Service. Internet is helping to fuel an epidemic menting market-based reforms, Viet- Let’s talk about water. Arizonans un- of child pornography’’ in this country. nam is essentially opening itself to derstand that protecting our water Unfortunately, by providing greater international commerce. Countries supply is crucial to the State’s future. technical ease and increased anonym- that open themselves to trade attract For this reason, when we can, we look ity in trading images, the Internet has investment, which in turn creates jobs for ways to promote responsible use of ‘‘taken down barriers that one time and enhances individual welfare. our limited water supply. This bill is served as a deterrent to child pornog- The passage of PNTR legislation will one of those examples of responsible raphers.’’ In 2003, an estimated 20,000 mark the final step toward normalizing use. There is a prior claim to a well images of child pornography were post- our relationship with Vietnam. This site on the private land that will be ex- ed on the Internet every week. Between bill represents a historic moment in changed. That prior claim would allow 1998 and 2004, child pornography reports our relationship with Vietnam and a the developer to withdraw 1,600 acre made to the National Center for Miss- definitive statement of how we have feet of water a year. Pima County and ing and Exploited Children increased moved beyond our past divisions. the community at large are concerned from 3,267 to 106,119—a thirty-fold in- I am especially pleased with the about the future of Ciengas Creek and crease over a 6-year period. The Justice strong bipartisan support that we have the entire riparian area if these water Department also notes that there has received for this bill. I am hopeful that withdrawals occur. been an escalation in the severity of we will be able to move this bill before To address this concern, the land ex- abuse depicted in child pornography in Congress leaves for the August recess, change is conditioned on Las Cienegas recent years, ‘‘with the images found so that it can be signed into law before Conservation Inc. conveying the well today more frequently involving President Bush’s visit to Vietnam in site to Pima County and relinquishing younger children—including toddlers November. those water rights it controls. The net and even infants—and despicable acts result is a water savings of 1,050 acre- such as penetration of infants.’’ The By Mr. KYL (for himself and Mr. feet per year. This is a significant ben- Project Safe Childhood report con- MCCAIN): efit to this riparian area. cludes that ‘‘the nation should be S. 3497. A bill to provide for the ex- Overall, this bill allows us to accom- alarmed at the fact that child pornog- change of certain Bureau of Land Man- plish important environmental and raphy is being produced,

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.042 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5787 possessed, and distributed in record tions for child sexual abuse prevention dramatically demonstrated by comparing numbers.’’ As the report notes, child programs. In addition, the act author- the actual number of reports in 1998 to those pornography’s harm extends beyond izes appropriations for 200 additional logged in 2004, rather than merely reciting that done to the children who are sexu- child exploitation prosecutors in U.S. percentage increases. In 1998, the CyberTipline received 3,267 reports of child ally abused to produce such images: Attorneys’ Offices around the country pornography. In 2004, the CyberTipline re- ‘‘child pornography [also] plays a cen- and 20 additional Internet Crimes ceived 106,119 of these reports, marking more tral role in child molestations, serving Against Children task forces. than a 30–fold increase in child pornography to justify offenders’ conduct, assist I ask unanimous consent that the fol- reports in a six year period. Judging simply them in gaining compliance with their lowing passages from the Justice De- by crime statistics, it is clear that the Inter- victims, and to provide a means to partment’s report Project Safe Child- net is helping to fuel an epidemic of child blackmail the children they have mo- hood be printed in the RECORD. pornography. There being no objection, the addi- Not only is there an increase in the volume lested in order to prevent exposure.’’ of pornographic images, there is also an es- The Internet SAFETY Act does the tional material was ordered to be calation in the severity of the abuse de- following things. It creates a new Fed- printed in the RECORD, as follows: picted, with the images found today more eral offense, punishable by a maximum PROJECT SAFE CHILDHOOD—PROTECTING CHIL- frequently involving younger children-in- of 10 years in prison, for financially fa- DREN FROM ONLINE EXPLOITATION AND cluding toddlers and even infants-and des- cilitating access to child pornography ABUSE picable acts such as penetration of infants. on the Internet. The act also deters INTRODUCTION And technology lends itself to the dissemination of more graphic images via the web, Internet facilitation of child pornog- The Internet and other communications with its easy access, low cost, and apparent raphy by imposing civil penalties for technologies are increasingly used by sexual anonymity. Internet communications providers predators and abusers as tools for exploiting Experts agree that the escalation in both that fail to report child pornography, and victimizing our children. First, these the prevalence and severity of child pornog- criminal penalties for Web site opera- technologies have contributed to a signifi- raphy is driven at least in part by advances cant increase in the proliferation and sever- in computer technology and increased access tors who insert words or images into ity of child pornography. They provide por- source code with the intent to deceive to the Internet. According to a recent study, nographers with an easily accessible and 78.6 percent of Americans go online, and al- persons into viewing obscene material seemingly anonymous means for collecting most two-thirds of Americans use the Inter- on the Internet, and by requiring com- large number of images of child sexual net at home. While it is impossible to deter- mercial Web site operators to place abuse. Eventually, some predators turn to mine exactly how many people are looking warning marks prescribed by the Fed- producing their own images. The result has at child pornography, experts attribute the eral Trade Commission on Web pages been that images of child sexual abuse today escalation in the quantity of child pornog- that contain sexually explicit mate- are more disturbing, more graphic, and more raphy being created and distributed to the sadistic than ever before, and they involve growth of the Internet, and the concomitant rial. younger and younger children. Second, as The Internet SAFETY Act also pun- ease with which child predators can now buy, the Internet and related technologies have sell, and swap images. The resulting sense of ishes the operation of child pornog- grown, children have become increasingly at community among child predators is in turn raphy enterprises. It creates a new risk of being sexually solicited online by helping to embolden those who may have had Federal offense, punishable by a min- predators. Law enforcement is uncovering an misgivings about a sexual interest in chil- imum of 10 years in prison, for the op- escalating number of ‘‘enticement’’ cases, dren, and it is thus driving a market for new eration of an enterprise that profits where perpetrators contact children in chat images with fresh faces. Before the Internet, from the sexual exploitation of chil- rooms or through instant messaging and ar- it was difficult and risky for child exploiters dren. The act also imposes mandatory, range to meet at a designated location for to go out and find other child exploiters with the purpose of making sexual contact. consecutive 10 year sentences for any whom to share images, which left the child * * * * * pornography industry relegated to small child pornography or exploitation of- black markets in underground bookstores or fense committed by a registered sex of- Part II. The Need for a national initiative to secret mailings. Today, the Internet has pro- fender. In addition, the act increases protect children vided these pedophiles with an accessible, penalties for offenses involving child Two types of dangers to children are espe- convenient, and anonymous means for inter- pornography, child prostitution and cially problematic. First, the threat of sex- acting with their community and obtaining sex trafficking, child sexual abuse, and ual predators contacting children online, illicit material. The Internet has thus taken sexual assault. with the hope of luring them to meet in per- down borders that at one time served as a de- son, has been amply demonstrated by aca- terrent to child pornographers. The Internet SAFETY Act also ex- demic studies as well as recent investigative pands the Federal private right of ac- THESE ESCALATING TRENDS PRESENT A SERIOUS journalism reports. A Youth Internet Safety RISK TO OUR SOCIETY tion against child pornographers. It al- Survey conducted between August 1999 and The harm caused by enticement offenses is lows a victim, including parents of a January 2000 found that approximately one beyond question. Sexual abuse is a serious minor victim, to seek civil remedies, in five children per year receives an un- crime that deeply affects any victim, espe- and also allows a victim to seek rem- wanted sexual solicitation online. One in cially children, and it has dramatic sec- edies as an adult. This provision is in- thirty-three children per year receives an ag- ondary effects on our society. The looming spired by a young girl named Masha gressive sexual solicitation—i.e., one in danger of our children being preyed upon by which a solicitor asks to meet them some- pedophiles in chat rooms or through social who was adopted from Russia by a man where, calls them on the telephone, or sends who repeatedly molested her, photo- networking sites is, in short, among the mail, money, or gifts. And one in four per gravest threats facing children today. graphed her, and posted pornographic year has an unwanted exposure to sexually The impact of child pornography on vic- images of her on the Internet. In addi- explicit material. Meanwhile, only 25 percent tims, and on society as a whole, is far less tion, the act adds the obscenity and of the youth who encountered a sexual solici- appreciated today than the threat of entice- child pornography statutes to the RICO tation told a parent. Only a fraction of all ment offenses. Child pornography images are predicates and adds electronic mail episodes were reported to authorities, such not just pictures, akin to any number of fraud to the wiretap predicates. as a law enforcement agency, an Internet other images legally available on the Inter- The Internet SAFETY Act also es- service provider, or a hotline. According to a net. Most images of child pornography depict recent media report, at any given time, tablishes within the Justice Depart- victims—children—who have been exploited 50,000 predators are on the Internet prowling and abused. These images are permanent vis- ment an Office on Sexual Violence and for children. These figures make clear that ual records of child sexual abuse. For this Crimes Against Children to coordinate the threat of online enticement of children is reason, the very term commonly used to de- sex offender registration and notifica- immense. scribe these terrible images—‘‘child pornog- tion programs and grant programs, and Second, the victimization of children raphy’’—does not adequately convey the hor- to assist State, local, and tribal gov- through the production and distribution of rors these images depict. A more accurate ernments and other entities with sex child pornography is equally troubling, and term would be ‘‘images of child sexual offender registration or notification on the rise. It was estimated, even in 2003, abuse,’’ because the very production of the that more than 20,000 images of child pornog- images necessarily involves the sexual abuse and other measures. raphy are posted on the Internet each week. Finally, the act authorizes and di- of a child. And the child is re-victimized NCMEC’s CyberTipline logged a 39 percent each time they are viewed. rects the Attorney General to make increase in reports of the possession, cre- The nation should be alarmed at the fact grants to States, local governments, ation, or distribution of child pornography in that child pornography is being produced, Indian tribes, and nonprofit organiza- 2004. The gravity of these increases is more possessed, and distributed in record numbers.

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.044 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5788 CONGRESSIONAL RECORD — SENATE June 13, 2006 According to a 2005 study entitled ‘‘Child- normalize[d] their interests’’ in their own are often also child molesters. According to Pornography Possessors Arrested in Inter- minds. In short, the process of collecting and a study completed in 2000 by Dr. Andres E. net-Related Crimes: Findings from the Na- trading child pornography bonds the offend- Hernandez, Director of the Sex Offender tional Juvenile Online Victimization ers together, and having an extensive child Treatment Program at the Butner Federal Study,’’ which studied defendants arrested pornography collection heightens an offend- Correctional Complex in North Carolina, and charged with possession of child pornog- er’s status within this community. The in- 79.6% of 54 offenders convicted of child por- raphy between July 2000 and June 2001: centives to abuse children, capture the nography offenses admitted that they had More than 80 percent of arrested [child por- abuse, and share the images are strong, al- molested significant numbers of children nography] possessors had images of pre- lowing the producer a way into the commu- without detection. On average, the offenders pubescent children, and 80 percent had im- nity and a means for obtaining yet more im- had 26.37 child sex victims and admitted to ages of minors being sexually penetrated. ages of abuse from other producers or dis- over 1,424 contact sexual crimes. Of these Approximately 1 in 5 (21 percent) arrested [ tributors. Child pornography is used as a 1,400+ contact sexual crimes, only 53 were de- child pornography] possessors had images of means of establishing trust and camaraderie tected or known about and taken into ac- children enduring bondage, sadistic sex, and amongst child exploiters and molesters, as count at sentencing. other sexual violence. More than 1 in 3 (39 proof of good intentions when initiating con- Consistent with these studies, a 1986 Re- percent) [child pornography] possessors had tacts with one another. It is, in part, for port of the U.S. Senate Permanent Sub- committee on Investigations on Child Por- videos depicting child pornography with mo- these reasons that offenders are frequently nography and Pedophilia stated: ‘‘No single tion and sound. found with thousands of images. characteristic of pedophilia is more perva- Although their identities are often un- In considering this factor, one can see the sive than the obsession with child pornog- known, many of the children in these graph- important role that the Internet has played raphy. The fascination of pedophiles with ic images were sexually victimized and as- in the growth of the child pornography mar- child pornography and child abuse has been ket. Before the Internet, child exploiters saulted. Those who possess these pictures— documented in many studies and has been es- were isolated. Without knowing that others for sexual gratification, curiosity, as a tablished by hundreds of sexually explicit like them existed, pedophilia or a sexual in- means of profit, or for other reasons—are materials involving children.’’ adding to the burdens of these young vic- terest in children was a shameful secret. Although the U.S. Senate Subcommittee tims, whose trauma may be increased by Through the Internet, however, persons who found no direct evidence of causality—i.e., knowing their pictures are circulating glob- desire to exploit children get to know that that possession of child pornography causes ally on the Internet with no hope of perma- others like them exist, they share their pref- people to commit child sex offenses—it did nent removal or could be entered into cir- erences and their child pornography, and conclude that child pornography plays a cen- culation in the future. they no longer feel abnormal. The child ex- tral role in child molestations, ‘‘serving to Child pornography victimizes children in a ploiter sees in the Internet a way of vali- justify [the offender’s] conduct, assist them very real and dramatic way. Of course, no dating his behavior: he is able to convince in seducing their victims and provide a child can consent to being sexually exploited himself that his behavior or obsession is not means to blackmail the children they have through the production of sexually-explicit abnormal, but is in fact shared by thousands molested in order to prevent exposure.’’ In a images. Each time the image is viewed or of other people who, in the predator’s mind, 2005 study of child pornography possessors distributed, the child is again victimized. are sensitive, intelligent, and caring people. arrested in Internet-related crimes, the re- ‘‘[N]o mere words could ever truly describe MORE SHOCKING, GRAPHIC IMAGES viewers concluded that ‘‘one out of six [child the daily torture of victims who were forced A more distressing trend is that, as pornography] possession cases beginning to participate in child pornography years pedophiles collect more and more images of with an investigation of or allegation about ago and now, as adults, see images of them- child sexual abuse, they become de-sen- [child pornography] possession discovered a selves ‘performing’ on the Internet. In addi- sitized to the horrors contained within their dual offender who had also sexually victim- tion to the obvious physical injuries that a existing collections, and they seek gratifi- ized a child or attempted to do so.’’ According to Raymond Smith, Assistant child can suffer due to sexual abuse, the cation through novel and yet more dis- Inspector-in-Charge of the Special Investiga- emotional and psychological trauma is dev- turbing images. The only way that this de- tions Division and the manager of USPIS’s astating, and lasting. Many child victims mand can be met is through a supply of new Child Exploitation Program, the USPIS suffer from depression, withdrawal, anger, images involving more horrific images of I began in 1997 compiling statistical informa- and other conditions that often continue hands-on sexual abuse than that already into adulthood. They experience feelings of tion on the number of child pornography sus- present in the person’s collection of images. pects arrested by U.S. Postal Inspectors that guilt and responsibility for the abuse, a The result has been a rise in demand for por- sense of powerlessness and feelings of worth- were also child molesters. Additionally, the nographic images of younger children, in- USPIS began to collect data on the number lessness. cluding babies and toddlers. Twenty percent Thus, for the sole fact of the victimization of child victims identified and rescued from of the images seized depicting sexual exploi- further sexual abuse as a result of investiga- and damage that child pornography visits tation of children involved images of babies tions conducted by Postal Inspectors. Since upon children, possession of child pornog- and two- and three-year-olds. And, disturb- 1997, 802 child molesters were identified and raphy is a heinous crime that must be ingly, the abuse is getting worse, with the stopped, and 1,048 victimized children were stamped out. But that is only half of the depictions being more sadistic than ever. rescued. According to Smith, of the more story of the pernicious effect of child pornog- INCREASED COMPULSION/PROPENSITY TO than 2,400 individuals arrested since 1997 for raphy. Possession of child pornography is a MOLEST CHILDREN using the U.S. Mail and the Internet to sexu- serious crime for four additional reasons, As an offender’s interest in children draws ally exploit children, child molesters were each of which is described more fully below: identified in one out of every three cases. 1. The exchange of child pornography by him to the child pornography market, his and between child exploiters validates and compulsion to view and collect images may AFFIRMATIVE TOOLS OF MOLESTERS encourages them in their beliefs and behav- become entwined with, or lead to, a compul- Not only do images of child pornography iors; sion to molest children. A study conducted record horrific abuse and victimization of 2. The greater availability of child pornog- by Ethel Quayle and Max Taylor revealed children, but they often are also used as af- raphy has led to the production, receipt, and that the subject’s access to child pornog- firmative tools by the abusers. Abusers fre- distribution of more shocking, graphic im- raphy ‘‘intensified his levels of sexual arous- quently use such pornography to lower an- ages, which are increasingly involving al and behavior and fueled his desire to en- other child’s inhibitions with images that younger children and infants; gage in a relationship with a child.’’ The sub- appear to show the victim enjoying the 3. The compulsion to collect child pornog- ject progressed from viewing images, to en- abuse or to validate sex between children raphy images may lead to a compulsion to tering chat rooms, to attempting to meet and adults as normal. Moreover, offenders molest children, or may be indicative of a children offline. use the images to blackmail the victim into Several factors other than mere sexual per- propensity to molest children; and silence or into performing further acts of version may cause the tendency of child por- 4. Child pornography is frequently used by abuse, threatening to release the images to nography collectors to begin to molest chil- molesters as an affirmative tool, either to si- parents, peers, or others if the victim talks dren. For instance, a collector’s desire for lence their victims, to blackmail them into or does not allow further exploitation. Such novel and more graphic images could provide further exploitation, or to entice other chil- blackmailing even can be aimed at forcing an incentive simply to produce the images dren. kids into prostitution and the child traf- himself, and computer technology today ficking trade. VALIDATION AND ENCOURAGEMENT makes it easier to create the images and dis- Child pornography plays a central role in Use of the Internet by child pornographers tribute them. In addition, collectors often child molestations, serving to justify offend- to exchange images and communications re- feel that they have to produce new images ers’ conduct, to assist them in gaining com- garding those images provides positive rein- because, in order to continue trading for new pliance from their victims, and to provide a forcement for them in their beliefs and be- images, they have to offer up their own new means to blackmail the children they have haviors, encouraging further exploitation of images as part of the rules of some child por- molested in order to prevent exposure. Con- children. One study of offenders revealed nography communities. sequently, child pornography does not sim- that exploiters’ relationships with other of- Empirical studies support the proposition ply involve abuse of the individual child vic- fenders, forged online, ‘‘legitimize[d] and that individuals who view child pornography tim whose image is created; it is also used

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.064 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5789 affirmatively to perpetuate the sexual ex- eral of the MMA’s rural health provi- key component of the rural health care ploitation of the same child or other chil- sions have expired, or are set to expire delivery system. As not every small dren. this year. That is why I have intro- town can sustain a hospital, we need to Child and adult pornography is frequently used by child exploiters to lure children into duced the Rural Hospital and Provider ensure these types of facilities are paid physical sex acts. After a child molester be- Equity Act—to finish the work we adequately and are provided enough friends a child and gains the child’s trust, he started 3 years ago. flexibility to meet the health care will expose the child to pornography to per- This legislation not only reauthor- needs of the communities they serve. suade the child that the behavior is normal izes expiring rural MMA provisions but Home health care agencies are an- and acceptable, and to coax him or her into also takes additional steps to address other critical element of the con- participation. The Sexually Exploited Child inequities in the Medicare payment tinuum of care in rural areas. These Unit of the Los Angeles Police Department system that continually place rural conducted a ten year study and found that providers at a disadvantage. My bill providers face unique circumstances in adult and child pornography was reportedly recognizes the unique needs of rural the distances they are required to trav- used in over 87% of all their child molesta- el to provide services. The current tion cases. Child pornography is therefore hospitals and levels the playing field between rural and urban providers. Medicare payment system does not not just a tool for perpetuating more (and make adequate adjustments to reflect more graphic) child pornography—it is also a Rural hospitals are more dependent tool for exploiters to gain opportunities to on Medicare payments as part of their the reality of rural and frontier health exploit and molest even more children. total revenue. In fact, Medicare ac- care. This bill recognizes the situation A CALL TO ARMS counts for almost 70 percent of total these providers face by ensuring their The measures taken to this point have not revenue for small, rural hospitals. Medicare payments cover their costs to served to dramatically lessen the number of Rural hospitals have lower patient vol- provide Medicare services. incidents of child exploitation. Indeed, all of umes, but must compete nationally to As you all may know, there are ap- the evidence leads to the conclusion that the recruit providers due to the nursing— proximately 1,165 hospitals nationwide exploitation of children is a burgeoning and other health professional—work- problem. The explosion in the production that have converted to critical access and trafficking of child pornography, in par- force shortages. Additional burdens are hospital, CAH, status. This program ticular, represents nothing short of an epi- placed on rural hospitals and providers was created in the Balanced Budget demic confronting our country. because of higher uninsured and under- Act of 1997 to ensure folks in small, insured rates in rural America. Also, rural communities would have access By Mr. THOMAS (for himself, Mr. seniors living in rural areas tend to be to 24-hour emergency services as well CONRAD, Mr. HARKIN, Mr. ROB- poorer and have more chronic condi- as some hospital care in their home- ERTS, Ms. COLLINS, Mr. DAYTON, tions than their urban and suburban towns. Fifty-two percent of my State’s Mr. SALAZAR, Mr. DOMENICI, Mr. counterparts. hospitals have downsized to Critical BURNS, Mr. DORGAN, Mr. THUNE, First, the Rural Hospital and Pro- Access Hospital status. The measure I Mr. JOHNSON, Mr. NELSON of Ne- vider Equity Act recognizes the special have introduced contains several provi- braska, Ms. MURKOWSKI and Ms. circumstances rural hospitals face and sions to strengthen this important SNOWE): addresses these issues by equalizing rural hospital program. S. 3500. A bill to amend title VIII of Medicare disproportionate share hos- the Social Security Act to protect and pital, DSH, payments. These add-on The Rural Hospital and Provider Eq- preserve access of Medicare bene- payments help hospitals cover the uity Act will also ensure rural areas ficiaries in rural areas to health care costs of serving a high proportion of can maintain access to important providers under the Medicare program, low-income and uninsured patients. emergency medical services, EMS. and for other purposes; to the Com- Current law allows urban facilities to Rural EMS providers are primarily vol- mittee on Finance. receive unlimited add-ons cor- unteers who have difficulty recruiting, Mr. THOMAS. Mr. President, I am responding with the amount of patients retaining, and educating EMS per- pleased to rise today to introduce the served. However, small or rural hos- sonnel. Rural EMS providers also have Rural Hospital and Provider Equity, R– pital add-on payments are capped at 12 less capital to buy and upgrade essen- HoPE, Act of 2006 with Senator percent. This measure eliminates the tial, lifesaving equipment. The legisla- CONRAD, Senator HARKIN, Senator ROB- rural hospital cap, bringing their pay- tion will assist ambulance providers in ERTS, and fellow Senate Rural Health ments in line with the benefits urban collecting payments for transporting Caucus members Senators COLLINS, facilities receive. patients to the hospital after answer- DAYTON, SALAZAR, BURNS, DOMENICI, Second, the bill recognizes that lowing a 911 call regardless of the final di- DORGAN, THUNE, JOHNSON, BEN NELSON, volume hospitals have a higher cost per agnosis. This is a commonsense ap- and MURKOWSKI. As always, it is impor- case which results in negative oper- proach and ensures that all aspects of tant to note that rural health care leg- ating margins. To alleviate this prob- emergency care are operating under islation has a long history of bipar- lem, we established a low-volume inpa- the same definition of emergency. tisan collaboration and cooperation. tient payment adjustment for hospitals It is important for the Federal Gov- The 108th Congress reaped unparal- that have less than 2000 annual dis- ernment to remember that one pay- leled successes in terms of rural health charges per year and are located more ment system does not fit all. Rural care legislation. When Congress en- than 15 miles from another hospital. providers care for patients under much acted the Medicare Modernization Act, This provision will improve payments different circumstances than their MMA, it included a comprehensive for approximately one-third of all rural urban counterparts. This legislation is health care package specifically tai- hospitals. designed to ensure rural hospitals, lored with rural communities, hos- In addition to these Medicare pay- rural health clinics, rural ambulance pitals, and providers in mind. This was ment reforms, this legislation providers, rural home health agencies, the largest rural provider payment strengthens the over 3,000 rural health rural mental health providers, rural package ever considered by Congress. clinics that serve many rural Ameri- physicians, and other critical allied As Republican cochairman of the cans. Under current law, rural health health clinicians are paid accurately Senate Rural Health Caucus, I was clinics receive an all-inclusive pay- proud to help lead the effort to put ment rate that is capped at approxi- and fairly. I strongly encourage all my rural providers on a level playing field mately $63. This payment has not been colleagues with an interest in rural with their urban neighbors. We enacted adjusted—except for inflation—since health to cosponsor this legislation. commonsense Medicare payment eq- 1988. To recognize the rising costs of Finally, I want to thank the Amer- uity provisions critical to maintaining health care, this bill raises the rural ican Hospital Association, the National access to quality health care in iso- health clinic cap to $82, making it com- Rural Health Association, the Federa- lated and underserved areas. Rural parable to the rate Community Health tion of American Hospitals, the Na- America achieved a significant victory, Centers receive. By caring for folks in tional Association of Rural Health and we have much to celebrate. How- underserved areas, rural health clinics Clinics, the National Association for ever, our mission is not complete. Sev- and community health centers are a Home Care, the American Academy of

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.067 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5790 CONGRESSIONAL RECORD — SENATE June 13, 2006 Nurse Practitioners, the American Am- (2) by inserting at the end the following the special exception reclassification of a bulance Association, and the Associa- new sentence: ‘‘The preceding sentence shall sole community hospital located in a State tion of Marriage and Family Thera- not apply to any hospital with respect to dis- with less than 10 people per square mile pists, for their work and support in this charges occurring on or after October 1, (made under the authority of section 2006.’’. 1886(d)(5)(I)(i) of the Social Security Act (42 effort. SEC. 3. EXTENSION AND EXPANSION OF MEDI- U.S.C. 1395ww(d)(5)(I)(i)) and contained in Mr. President, I ask unanimous con- CARE HOLD HARMLESS PROVISION the final rule promulgated by the Secretary sent that the text of the bill be printed UNDER THE PROSPECTIVE PAYMENT in the Federal Register on August 11, 2004 (69 in the RECORD. SYSTEM FOR HOSPITAL OUT- Fed. Reg. 49107)) for 3 years through fiscal There being no objection, the text of PATIENT DEPARTMENT (HOPD) year 2010. SERVICES. the bill was ordered to be printed in SEC. 6. EXTENSION OF MEDICARE REASONABLE (a) EXTENSION.— the RECORD, as follows: COSTS PAYMENTS FOR CERTAIN (1) IN GENERAL.—Section 1833(t)(7)(D)(i) of CLINICAL DIAGNOSTIC LABORA- S. 3500 the Social Security Act (42 U.S.C. TORY TESTS FURNISHED TO HOS- Be it enacted by the Senate and House of Rep- 1395l(t)(7)(D)(i)), as amended by section 5105 PITAL PATIENTS IN CERTAIN RURAL resentatives of the United States of America in of the Deficit Reduction Act of 2005 (Public AREAS. Congress assembled, Law 109–171), is amended— Section 416(b) of the Medicare Prescription SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) in subclause (I)— Drug, Improvement, and Modernization Act (a) SHORT TITLE.—This Act may be cited as (i) by striking ‘‘(I)’’; of 2003 (Public Law 108–173; 117 Stat. 2282; 42 the ‘‘Rural Hospital and Provider Equity (ii) by striking ‘‘(iii)) located in a rural U.S.C. 1395l–4(b)) is amended by striking ‘‘2- (HoPE) Act of 2006’’. area’’ and inserting ‘‘(iii))’’; and year’’ and inserting ‘‘4-year’’. (b) TABLE OF CONTENTS.—The table of con- (iii) by striking ‘‘before January 1, 2006’’ SEC. 7. CRITICAL ACCESS HOSPITAL IMPROVE- tents of this Act is as follows: and inserting ‘‘before January 1, 2009’’; and MENTS. Sec. 1. Short title; table of contents. (B) by striking subclause (II). (a) CLARIFICATION OF PAYMENT FOR CLIN- Sec. 2. Fairness in the Medicare dispropor- (2) EFFECTIVE DATE.—The amendments ICAL LABORATORY TESTS FURNISHED BY CRIT- tionate share hospital (DSH) made by paragraph (1) shall apply to covered ICAL ACCESS HOSPITALS.— adjustment for rural hospitals. OPD services furnished on or after January (1) IN GENERAL.—Section 1834(g)(4) of the Sec. 3. Extension and Expansion of Medicare 1, 2006. Social Security Act (42 U.S.C. 1395m(g)(4)) is hold harmless provision under (b) STUDY AND REPORT.— amended— the prospective payment sys- (1) STUDY.—The Secretary of Health and (A) in the heading, by striking ‘‘NO BENE- tem for hospital outpatient de- Human Services shall conduct a study to de- FICIARY COST-SHARING’’ and inserting ‘‘TREAT- partment (HOPD) services. termine if, under the prospective payment MENT OF’’; and Sec. 4. Improvement of definition of low-vol- system for hospital outpatient department (B) by adding at the end the following new ume hospital for purposes of services under section 1833(t) of the Social sentence: ‘‘For purposes of the preceding sen- the Medicare inpatient hospital Security Act (42 U.S.C. 1395l(t)), costs in- tence and section 1861(mm)(3), clinical diag- payment adjustment. curred by sole community hospitals (as de- nostic laboratory services furnished by a Sec. 5. Extension of Medicare wage index re- fined in section 1886(d)(5)(D)(iii) of such Act critical access hospital shall be treated as classifications for certain hos- (42 U.S.C. 1395ww(d)(5)(D)(iii))) located in being furnished as part of outpatient critical pitals. urban areas by ambulatory payment classi- access services without regard to whether— Sec. 6. Extension of Medicare reasonable fication groups (APCs) exceed those costs in- ‘‘(A) the individual with respect to whom costs payments for certain clin- curred by other hospitals located in urban such services are furnished is physically ical diagnostic laboratory tests areas. present in the critical access hospital at the furnished to hospital patients (2) REPORT.—Not later than January 1, time the specimen is collected; in certain rural areas. 2008, the Secretary of Health and Human ‘‘(B) such individual is registered as an Sec. 7. Critical access hospital improve- Services shall submit to Congress a report on outpatient on the records of, and receives ments. the study conducted under paragraph (1) to- such services directly from, the critical ac- Sec. 8. Capital infrastructure revolving loan gether with recommendations for such legis- cess hospital; or program. lation and administrative action as the Sec- ‘‘(C) payment is (or, but for this sub- Sec. 9. Extension of Medicare incentive pay- retary determines to be appropriate. section, would be) available for such services ment program for physician SEC. 4. IMPROVEMENT OF DEFINITION OF LOW- under the fee schedule established under sec- scarcity areas. VOLUME HOSPITAL FOR PURPOSES Sec. 10. Extension of floor on medicare work tion 1833(h).’’. OF THE MEDICARE INPATIENT HOS- FFECTIVE DATE.—The amendments geographic adjustment. (2) E PITAL PAYMENT ADJUSTMENT. made by paragraph (1) shall apply to cost re- Sec. 11. Medicare home health care planning Section 1886(d)(12)(C)(i) of the Social Secu- improvements. porting periods beginning on or after October rity Act (42 U.S.C. 1395ww(d)(12)(C)(i)) is 1, 2003. Sec. 12. Rural health clinic improvements. amended by inserting ‘‘(or, beginning with Sec. 13. Community health center collabo- (b) ELIMINATION OF ISOLATION TEST FOR fiscal year 2007, 2,000 discharges)’’ after ‘‘800 COST-BASED AMBULANCE REIMBURSEMENT.— rative access expansion. discharges’’. Sec. 14. Applying add-on policy for home (1) IN GENERAL.—Section 1834(l)(8) of the health services furnished in a SEC. 5. EXTENSION OF MEDICARE WAGE INDEX Social Security Act (42 U.S.C. 1395m(l)(8)) is RECLASSIFICATIONS FOR CERTAIN amended— rural area for 2007. HOSPITALS. Sec. 15. Use of medical conditions for coding (A) in subparagraph (B)— (a) MMA PROVISION.—Section 508 of the ambulance services. (i) by striking ‘‘owned and’’; and Medicare Prescription Drug, Improvement, Sec. 16. Extension of increased Medicare (ii) by inserting ‘‘(including when such and Modernization Act of 2003 (42 U.S.C. payments for ground ambu- services are provided by the entity under an 1395ww note) is amended by adding at the lance services in rural areas. arrangement with the hospital)’’ after ‘‘hos- Sec. 17. Improvement in payments to retain end the following new subsection: pital’’; and emergency and other capacity ‘‘(g) THREE-YEAR EXTENSION FOR CERTAIN (B) by striking the comma at the end of for ambulances in rural areas. HOSPITALS.— subparagraph (B) and all that follows and in- Sec. 18. Coverage of marriage and family ‘‘(1) IN GENERAL.—In the case of a hospital serting a period. described in paragraph (2)— therapist services and mental (2) EFFECTIVE DATE.—The amendments health counselor services under ‘‘(A) subsections (a)(3) and (b) shall be ap- made by this subsection shall apply to serv- part B of the Medicare pro- plied by substituting ‘6-year period’ for ‘3- ices furnished on or after January 1, 2007. gram. year period’; and ‘‘(B) the limitation under subsection (e) SEC. 8. CAPITAL INFRASTRUCTURE REVOLVING Sec. 19. Medicare remote monitoring pilot LOAN PROGRAM. shall not apply after March 31, 2007. projects. (a) IN GENERAL.—Part A of title XVI of the ‘‘(2) HOSPITAL DESCRIBED.—A hospital de- Sec. 20. Facilitating the provision of tele- Public Health Service Act (42 U.S.C. 300q et scribed in this paragraph is a hospital— health services across State seq.) is amended by adding at the end the fol- ‘‘(A) that is reclassified to an area under lines. lowing new section: SEC. 2. FAIRNESS IN THE MEDICARE DISPROPOR- this section as of the day before the date of ‘‘CAPITAL INFRASTRUCTURE REVOLVING LOAN TIONATE SHARE HOSPITAL (DSH) enactment of this subsection; and ADJUSTMENT FOR RURAL HOS- ‘‘(B)(i) that is located in a State with less PROGRAM PITALS. than 10 people per square mile; or ‘‘SEC. 1603. (a) AUTHORITY TO MAKE AND Section 1886(d)(5)(F)(xiv)(II) of the Social ‘‘(ii)(I) that is located in a rural area; and GUARANTEE LOANS.— Security Act (42 U.S.C. ‘‘(II) for which the Secretary has deter- ‘‘(1) AUTHORITY TO MAKE LOANS.—The Sec- 1395ww(d)(5)(F)(xiv)(II)) is amended— mined the extension under this subsection to retary may make loans from the fund estab- (1) by striking ‘‘or, in the case’’ and all be appropriate.’’. lished under section 1602(d) to any rural enti- that follows through ‘‘subparagraph (G)(iv)’’; (b) ADDITIONAL PROVISION.—The Secretary ty for projects for capital improvements, in- and of Health and Human Services shall extend cluding—

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.021 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5791 ‘‘(A) the acquisition of land necessary for pital from being considered a rural entity cialist, or a physician assistant (as the case the capital improvements; under clause (i) or (ii) of subparagraph (A).’’. may be)’’ after ‘‘physician’’ each place it ap- ‘‘(B) the renovation or modernization of (c) CONFORMING AMENDMENTS.—Section pears; any building; 1602 of the Public Health Service Act (42 (B) in the third sentence, by inserting ‘‘, ‘‘(C) the acquisition or repair of fixed or U.S.C. 300q–2) is amended— nurse practitioner, clinical nurse specialist, major movable equipment; and (1) in subsection (b)(2)(D), by inserting ‘‘or or physician assistant (as the case may be)’’ ‘‘(D) such other project expenses as the 1603(a)(2)(B)’’ after ‘‘1601(a)(2)(B)’’; and after physician; Secretary determines appropriate. (2) in subsection (d)— (C) in the fourth sentence— ‘‘(2) AUTHORITY TO GUARANTEE LOANS.— (A) in paragraph (1)(C), by striking ‘‘sec- (i) by striking ‘‘physician certification’’ ‘‘(A) IN GENERAL.—The Secretary may tion 1601(a)(2)(B)’’ and inserting ‘‘sections and inserting ‘‘certification’’; guarantee the payment of principal and in- 1601(a)(2)(B) and 1603(a)(2)(B)’’; and (ii) by inserting ‘‘(or on January 1, 2007, in terest for loans made to rural entities for (B) in paragraph (2)(A), by inserting ‘‘or the case of regulations to implement the projects for any capital improvement de- 1603(a)(2)(B)’’ after ‘‘1601(a)(2)(B)’’. amendments made by section 11 of the Rural scribed in paragraph (1) to any non-Federal SEC. 9. EXTENSION OF MEDICARE INCENTIVE Hospital and Provider Equity (HoPE) Act of lender. PAYMENT PROGRAM FOR PHYSICIAN 2006)’’ after ‘‘1981’’; and ‘‘(B) INTEREST SUBSIDIES.—In the case of a SCARCITY AREAS. (iii) by striking ‘‘a physician who’’ and in- guarantee of any loan made to a rural entity Section 1833(u)(1) of the Social Security serting ‘‘a physician, nurse practitioner, under subparagraph (A), the Secretary may Act (42 U.S.C. 1395l(u)(1)) is amended by clinical nurse specialist, or physician assist- pay to the holder of such loan, for and on be- striking ‘‘before January 1, 2008’’ and insert- ant who’’; and half of the project for which the loan was ing ‘‘before January 1, 2009’’. (D) in the fifth sentence, by inserting ‘‘, made, amounts sufficient to reduce (by not SEC. 10. EXTENSION OF FLOOR ON MEDICARE nurse practitioner, clinical nurse specialist, more than 3 percent) the net effective inter- WORK GEOGRAPHIC ADJUSTMENT. or physician assistant’’ after ‘‘physician’’. Section 1848(e)(1)(E) of the Social Security est rate otherwise payable on such loan. (3) Section 1861 of the Social Security Act Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by ‘‘(b) AMOUNT OF LOAN.—The principal (42 U.S.C. 1395x) is amended— striking ‘‘before January 1, 2007’’ and insert- amount of a loan directly made or guaran- (A) in subsection (m)— ing ‘‘before January 1, 2009’’. teed under subsection (a) for a project for (i) in the matter preceding paragraph (1)— capital improvement may not exceed SEC. 11. MEDICARE HOME HEALTH CARE PLAN- (I) by inserting ‘‘, or a nurse practitioner, NING IMPROVEMENTS. $5,000,000. clinical nurse specialist, or physician assist- (a) IN GENERAL.—Section 1814(a)(2) of the ‘‘(c) FUNDING LIMITATIONS.— ant (as those terms are defined in subsection Social Security Act (42 U.S.C. 1395f(a)(2)), in ‘‘(1) GOVERNMENT CREDIT SUBSIDY EXPO- (aa)(5))’’ after ‘‘physician’’ the first place it the matter preceding subparagraph (A), is SURE.—The total of the Government credit appears; and amended— subsidy exposure under the Credit Reform (II) by inserting ‘‘or a nurse practitioner, (1) by striking ‘‘subparagraph (B)’’ and in- Act of 1990 scoring protocol with respect to clinical nurse specialist, or physician assist- serting ‘‘subparagraphs (B) and (C)’’; the loans outstanding at any time with re- ant’’ after ‘‘physician’’ the second place it (2) by inserting ‘‘(as those terms are de- spect to which guarantees have been issued, appears; and fined in section 1861(aa)(5))’’ after ‘‘clinical or which have been directly made, under sub- (ii) in paragraph (3), by inserting ‘‘or a nurse specialist’’; section (a) may not exceed $50,000,000 per nurse practitioner, clinical nurse specialist, (3) by inserting ‘‘or home health agency (as year. or physician assistant’’ after ‘‘physician’’; the case may be)’’ after ‘‘facility’’; and ‘‘(2) TOTAL AMOUNTS.—Subject to para- and (4) by inserting ‘‘(or in the case of services graph (1), the total of the principal amount (B) in subsection (o)(2)— described in subparagraph (C), a physician of all loans directly made or guaranteed (i) by inserting ‘‘, nurse practitioners, clin- assistant (as defined in 1861(aa)(5)) under the under subsection (a) may not exceed ical nurse specialists, or physician assistants supervision of a physician)’’ after ‘‘collabo- $250,000,000 per year. (as those terms are defined in subsection ‘‘(d) CAPITAL ASSESSMENT AND PLANNING ration with a physician’’. (b) CONFORMING AMENDMENTS.—(1) Section (aa)(5))’’ after ‘‘physicians’’; and GRANTS.— (ii) by inserting ‘‘, nurse practitioner, clin- ‘‘(1) NONREPAYABLE GRANTS.—Subject to 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended— ical nurse specialist, physician assistant,’’ paragraph (2), the Secretary may make a after ‘‘physician’’ grant to a rural entity, in an amount not to (A) in paragraph (2)(C), by inserting ‘‘a nurse practitioner, a clinical nurse spe- (4) Section 1895 of the Social Security Act exceed $50,000, for purposes of capital assess- (42 U.S.C. 1395fff) is amended— ment and business planning. cialist, or a physician assistant (as the case may be)’’ after ‘‘physician’’ each place it ap- (A) in subsection (c)(1), by inserting ‘‘, or ‘‘(2) LIMITATION.—The cumulative total of the nurse practitioner, clinical nurse spe- grants awarded under this subsection may pears; (B) in the second sentence, by striking ‘‘or cialist, or physician assistant (as those not exceed $2,500,000 per year. terms are defined in section 1861(aa)(5)),’’ ‘‘(e) TERMINATION OF AUTHORITY.—The Sec- clinical nurse specialist’’ and inserting after ‘‘physician’’; and retary may not directly make or guarantee ‘‘clinical nurse specialist, or physician as- any loan under subsection (a) or make a sistant’’; (B) in subsection (e)— grant under subsection (d) after September (C) in the third sentence— (i) in paragraph (1)(A), by inserting ‘‘, or a 30, 2010.’’. (i) by striking ‘‘physician certification’’ nurse practitioner, clinical nurse specialist, (b) RURAL ENTITY DEFINED.—Section 1624 of and inserting ‘‘certification’’; or physician assistant (as those terms are de- the Public Health Service Act (42 U.S.C. (ii) by inserting ‘‘(or on January 1, 2007, in fined in section 1861(aa)(5)),’’ after ‘‘physi- 300s–3) is amended by adding at the end the the case of regulations to implement the cian’’; and following new paragraph: amendments made by section 11 of the Rural (ii) in paragraph (2)— ‘‘(15)(A) The term ‘rural entity’ includes— Hospital and Provider Equity (HoPE) Act of (I) in the heading, by striking ‘‘PHYSICIAN ‘‘(i) a rural health clinic, as defined in sec- 2006)’’ after ‘‘1981’’; and CERTIFICATION’’ and inserting ‘‘RULE OF CON- tion 1861(aa)(2) of the Social Security Act; (iii) by striking ‘‘a physician who’’ and in- STRUCTION REGARDING REQUIREMENT FOR CER- ‘‘(ii) any medical facility with at least 1 serting ‘‘a physician, nurse practitioner, TIFICATION’’; and bed, but with less than 50 beds, that is lo- clinical nurse specialist, or physician assist- (II) by striking ‘‘physician’’. cated in— ant who’’; and (c) EFFECTIVE DATE.—The amendments ‘‘(I) a county that is not part of a metro- (D) in the fourth sentence, by inserting ‘‘, made by this section shall apply to items politan statistical area; or nurse practitioner, clinical nurse specialist, and services furnished on or after January 1, ‘‘(II) a rural census tract of a metropolitan or physician assistant’’ after ‘‘physician’’. 2007. statistical area (as determined under the (2) Section 1835(a) of the Social Security SEC. 12. RURAL HEALTH CLINIC IMPROVEMENTS. most recent modification of the Goldsmith Act (42 U.S.C. 1395n(a)) is amended— Section 1833(f) of the Social Security Act Modification, originally published in the (A) in paragraph (2)— (42 U.S.C. 1395l(f)) is amended— Federal Register on February 27, 1992 (57 (i) in the matter preceding subparagraph (1) in paragraph (1), by striking ‘‘, and’’ at Fed. Reg. 6725)); (A), by inserting ‘‘or, in the case of services the end and inserting a semicolon; ‘‘(iii) a hospital that is classified as a described in subparagraph (A), a physician, (2) in paragraph (2)— rural, regional, or national referral center or a nurse practitioner or clinical nurse spe- (A) by inserting ‘‘(before 2007)’’ after ‘‘in a under section 1886(d)(5)(C) of the Social Secu- cialist (as those terms are defined in subsequent year’’; and rity Act; and 1861(aa)(5)), who does not have a direct or in- (B) by striking the period at the end and ‘‘(iv) a hospital that is a sole community direct employment relationship with the inserting a semicolon; and hospital (as defined in section home health agency but is working in col- (3) by adding at the end the following new 1886(d)(5)(D)(iii) of the Social Security Act). laboration with a physician (or a physician paragraphs: ‘‘(B) For purposes of subparagraph (A), the assistant (as defined in 1861(aa)(5)) under the ‘‘(3) in 2007, at $82 per visit; and fact that a clinic, facility, or hospital has supervision of a physician)’’ after ‘‘a physi- ‘‘(4) in a subsequent year, at the limit es- been geographically reclassified under the cian’’; and tablished under this subsection for the pre- Medicare program under title XVIII of the (ii) in subparagraph (A) by inserting ‘‘a vious year increased by the percentage in- Social Security Act shall not preclude a hos- nurse practitioner, a clinical nurse spe- crease in the MEI (as so defined) applicable

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to primary care services (as so defined) fur- amended by adding at the end the following (c) CONFORMING AMENDMENTS.—(1) Section nished as of the first day of that year.’’ new paragraph: 1834(l) of the Social Security Act (42 U.S.C. SEC. 13. COMMUNITY HEALTH CENTER COLLABO- ‘‘(15) ADDITIONAL PAYMENTS FOR PROVIDERS 1395m(l)), as amended by subsection (a), is RATIVE ACCESS EXPANSION. FURNISHING AMBULANCE SERVICES IN RURAL amended by adding at the end the following Section 330 of the Public Health Service AREAS.— new paragraph: Act (42 U.S.C. 254b) is amended by adding at ‘‘(A) IN GENERAL.—In the case of ground ‘‘(16) DESIGNATION OF RURAL AREAS FOR the end the following: ambulance services furnished on or after MILEAGE PAYMENT PURPOSES.—In establishing ‘‘(s) MISCELLANEOUS PROVISIONS.— January 1, 2007, for which the transportation any differential in the amount of payment ‘‘(1) RULE OF CONSTRUCTION WITH RESPECT originates in a rural area (as determined for mileage between rural and urban areas in TO RURAL HEALTH CLINICS.— under subparagraph (B)), the Secretary shall the fee schedule established under paragraph ‘‘(A) IN GENERAL.—Nothing in this section provide for a percent increase in the base (1), the Secretary shall, in the case of ambu- shall be construed to prevent a community rate of the fee schedule for a trip identified lance services furnished on or after January health center from contracting with a feder- under this subsection. 1, 2007, identify rural areas in the same man- ally certified rural health clinic (as defined ‘‘(B) IDENTIFICATION OF RURAL AREAS.—The ner as provided in paragraph (15)(B).’’. by section 1861(aa)(2) of the Social Security Secretary, in consultation with the Office of (2) Section 1834(l)(12)(A) of the Social Secu- Act) for the delivery of primary health care Rural Health Policy, shall use the Rural- rity Act (42 U.S.C. 1395m(l)(12)(A)) is amend- services that are available at the rural Urban Commuting Areas (RUCA) coding sys- ed by striking ‘‘January 1, 2010’’ and insert- health clinic to individuals who would other- tem, adopted by that Office, to designate ing ‘‘January 1, 2007’’. wise be eligible for free or reduced cost care rural areas for the purposes of this para- (3) Section 1834(l)(13)(A)(i) of the Social Se- if that individual were able to obtain that graph. A rural area is any area in RUCA lev- curity Act (42 U.S.C. 1395m(l)(13)(A)(i)) is care at the community health center. Such els 2 through 10 and any unclassified area. amended— services may be limited in scope to those pri- ‘‘(C) TIERING OF RURAL AREAS.—The Sec- (A) by inserting ‘‘(or in the case of such mary health care services available in that retary shall designate 4 tiers of rural areas, services furnished in 2007, in a rural area rural health clinic. using a ZIP Code population-based method- identified by the Secretary under paragraph ‘‘(B) ASSURANCES.—In order for a rural ology generated by the RUCA coding system, (15)(B))’’ after ‘‘such paragraph’’; and health clinic to receive funds under this sec- as follows: (B) by striking ‘‘paragraphs (11) and (12)’’ tion through a contract with a community ‘‘(i) TIER 1.—A rural area that is a high and inserting ‘‘paragraphs (11), (12), and health center under paragraph (1), such rural metropolitan commuting area, in which 30 (15)’’. health clinic shall establish policies to en- percent or more of the commuting flow is to an urban area, as designated by the Bureau SEC. 18. COVERAGE OF MARRIAGE AND FAMILY sure— THERAPIST SERVICES AND MENTAL ‘‘(i) nondiscrimination based upon the abil- of the Census (RUCA level 2). HEALTH COUNSELOR SERVICES ity of a patient to pay; and ‘‘(ii) TIER 2.—A rural area that is a low UNDER PART B OF THE MEDICARE ‘‘(ii) the establishment of a sliding fee metropolitan commuting area, in which less PROGRAM. scale for low-income patients.’’. than 30 percent of the commuting flow is to (a) COVERAGE OF SERVICES.— SEC. 14. APPLYING ADD-ON POLICY FOR HOME an urban area or to a large town, as des- (1) IN GENERAL.—Section 1861(s)(2) of the HEALTH SERVICES FURNISHED IN A ignated by the Bureau of the Census (RUCA Social Security Act (42 U.S.C. 1395x(s)(2)), as RURAL AREA FOR 2007. levels 3–6). amended by section 5112 of the Deficit Re- Section 421 of Medicare Prescription Drug, ‘‘(iii) TIER 3.—A rural area that is a small duction Act of 2005 (Public Law 109–171), is Improvement, and Modernization Act of 2003 town core, as designated by the Bureau of amended— (Public Law 108–173; 117 Stat. 2283), as the Census, in which no significant portion (A) in subparagraph (Z), by striking ‘‘and’’ amended by section 5201(b) of the Deficit Re- of the commuting flow is to an area of popu- at the end; duction Act of 2005 (Public Law 109–171), is lation greater than 10,000 people (RUCA lev- (B) in subparagraph (AA), by inserting amended— els 7–9). ‘‘and’’ at the end; and (1) in the heading, by striking ‘‘ONE- ‘‘(iv) TIER 4.—A rural area in which there is (C) by adding at the end the following new YEAR’’ and inserting ‘‘TEMPORARY’’; and no dominant commuting flow (RUCA level subparagraph: (2) in subsection (a), by striking ‘‘before 10) and any unclassified area. ‘‘(BB) marriage and family therapist serv- January 1, 2007’’ and inserting ‘‘before Janu- The Secretary shall consult with the Office ices (as defined in subsection (ccc)(1)) and ary 1, 2008’’. of Rural Health Policy not less often than mental health counselor services (as defined SEC. 15. USE OF MEDICAL CONDITIONS FOR COD- every 2 years to update the designation of in subsection (ccc)(3));’’. ING AMBULANCE SERVICES. rural areas in accordance with any changes (2) DEFINITIONS.—Section 1861 of the Social Section 1834(l)(7) of the Social Security that are made to the RUCA system. Security Act (42 U.S.C. 1395x), as amended by Act (42 U.S.C. 1395m(l)(7)) is amended to read ‘‘(D) PAYMENT ADJUSTMENTS FOR TRIPS IN section 5112 of the Deficit Reduction Act of as follows: RURAL AREAS.—The Secretary shall adjust 2005 (Public Law 109–171), is amended by add- ‘‘(7) CODING SYSTEM.— the payment rate under this section for am- ing at the end the following new subsection: bulance trips that originate in each of the ‘‘(A) IN GENERAL.—The Secretary shall, in ‘‘Marriage and Family Therapist Services; tiers established in subparagraph (C) accord- accordance with section 1173(c)(1)(B) and not Marriage and Family Therapist; Mental ing to the national average cost of full-cost later than January 1, 2007, establish a man- Health Counselor Services; Mental Health providers for providing ambulance services datory system or systems for the coding of Counselor claims for ambulance services for which pay- in each such tier.’’. ment is made under this subsection, includ- (b) REVIEW OF PAYMENTS FOR RURAL AMBU- ‘‘(ccc)(1) The term ‘marriage and family ing a code set specifying the medical condi- LANCE SERVICES AND REPORT TO CONGRESS.— therapist services’ means services performed tion of the individual who is transported and (1) REVIEW.—Not later than July 1, 2009, by a marriage and family therapist (as de- the level of service that is appropriate for the Secretary of Health and Human Services fined in paragraph (2)) for the diagnosis and the transportation of an individual with that shall review the system for adjusting pay- treatment of mental illnesses, which the medical condition. ments for rural ambulance services under marriage and family therapist is legally au- ‘‘(B) MEDICAL CONDITIONS.—The code set es- section 1834(l)(15) of the Social Security Act, thorized to perform under State law (or the tablished under subparagraph (A) shall take as added by subsection (a), to determine the State regulatory mechanism provided by into account the list of medical conditions adequacy and appropriateness of such adjust- State law) of the State in which such serv- developed in the course of the negotiated ments. In conducting such review, the Sec- ices are performed, as would otherwise be rulemaking process conducted under para- retary shall consult with providers and sup- covered if furnished by a physician or as an graph (1).’’. pliers affected by such adjustments and with incident to a physician’s professional serv- representatives of the ambulance industry ice, but only if no facility or other provider SEC. 16. EXTENSION OF INCREASED MEDICARE PAYMENTS FOR GROUND AMBU- generally to determine— charges or is paid any amounts with respect LANCE SERVICES IN RURAL AREAS. (A) whether such adjustments adequately to the furnishing of such services. Section 1834(l)(13) of the Social Security cover the additional costs incurred in serv- ‘‘(2) The term ‘marriage and family thera- Act (42 U.S.C. 1395m(l)(13)) is amended— ing areas of low population density; and pist’ means an individual who— (1) in subparagraph (A), in the matter pre- (B) whether the tiered structure for mak- ‘‘(A) possesses a master’s or doctoral de- ceding clause (i), by striking ‘‘before Janu- ing such adjustments appropriately reflects gree which qualifies for licensure or certifi- ary 1, 2007’’ and inserting ‘‘before January 1, the difference in costs of providing services cation as a marriage and family therapist 2008’’; in different types of rural areas. pursuant to State law; (2) in subparagraph (B), in the heading, by (2) REPORT.—Not later than January 1, ‘‘(B) after obtaining such degree has per- striking ‘‘AFTER 2006’’ and inserting ‘‘AFTER 2010, the Secretary shall submit to Congress formed at least 2 years of clinical supervised 2007’’. a report on the review conducted under para- experience in marriage and family therapy; SEC. 17. IMPROVEMENT IN PAYMENTS TO RETAIN graph (1) together with any recommenda- and EMERGENCY AND OTHER CAPACITY tions for revision to the systems for adjust- ‘‘(C) in the case of an individual per- FOR AMBULANCES IN RURAL AREAS. ing payments for ambulance services in rural forming services in a State that provides for (a) IN GENERAL.—Section 1834(l) of the So- areas that the Secretary of Health and licensure or certification of marriage and cial Security Act (42 U.S.C. 1395m(l)) is Human Services determines appropriate. family therapists, is licensed or certified as

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a marriage and family therapist in such (2) HOSPICE PROGRAMS.—Section area that are not determined to be within State. 1861(dd)(2)(B)(i)(III) of the Social Security the scope of the pilot project. ‘‘(3) The term ‘mental health counselor Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is (2) INCENTIVE.—Subject to paragraph (3), services’ means services performed by a men- amended by inserting ‘‘or one marriage and the Secretary shall pay to each participating tal health counselor (as defined in paragraph family therapist (as defined in subsection home care agency an incentive payment for (4)) for the diagnosis and treatment of men- (ccc)(2))’’ after ‘‘social worker’’. each year under the pilot project equal to a tal illnesses which the mental health coun- (c) AUTHORIZATION OF MARRIAGE AND FAM- portion of the Medicare savings realized for selor is legally authorized to perform under ILY THERAPISTS TO DEVELOP DISCHARGE such year relative to the performance target State law (or the State regulatory mecha- PLANS FOR POST-HOSPITAL SERVICES.—Sec- under paragraph (1). nism provided by the State law) of the State tion 1861(ee)(2)(G) of the Social Security Act (3) LIMITATION ON EXPENDITURES.—The Sec- in which such services are performed, as (42 U.S.C. 1395x(ee)(2)(G)) is amended by in- retary shall limit incentive payments under would otherwise be covered if furnished by a serting ‘‘marriage and family therapist (as this section in order to ensure that the ag- physician or as incident to a physician’s pro- defined in subsection (ccc)(2)),’’ after ‘‘social gregate expenditures under title XVIII of the fessional service, but only if no facility or worker,’’. Social Security Act (including incentive other provider charges or is paid any (d) EFFECTIVE DATE.—The amendments payments under this subsection) do not ex- amounts with respect to the furnishing of made by this section shall apply with respect ceed the amount that the Secretary esti- such services. to services furnished on or after January 1, ‘‘(4) The term ‘mental health counselor’ mates would have been expended if the pilot 2007. projects under this section had not been im- means an individual who— SEC. 19. MEDICARE REMOTE MONITORING PILOT ‘‘(A) possesses a master’s or doctor’s de- plemented. PROJECTS. (d) WAIVER AUTHORITY.—The Secretary gree in mental health counseling or a related (a) PILOT PROJECTS.— field; may waive such provisions of titles XI and (1) IN GENERAL.—Not later than 9 months XVIII of the Social Security Act as the Sec- ‘‘(B) after obtaining such a degree has per- after the date of enactment of this Act, the formed at least 2 years of supervised mental retary determines to be appropriate for the Secretary of Health and Human Services (in conduct of the pilot projects under this sec- health counselor practice; and this section referred to as the ‘‘Secretary’’) ‘‘(C) in the case of an individual per- tion. shall conduct pilot projects under title XVIII (e) REPORT TO CONGRESS.—Not later than 5 forming services in a State that provides for of the Social Security Act for the purpose of years after the date that the first pilot licensure or certification of mental health providing incentives to home health agencies project under this section is implemented, counselors or professional counselors, is li- to utilize home monitoring and communica- the Secretary shall submit to Congress a re- censed or certified as a mental health coun- tions technologies that— port on the pilot projects. Such report shall selor or professional counselor in such (A) enhance health outcomes for Medicare contain a detailed description of issues re- State.’’. beneficiaries; and lated to the expansion of the projects under (3) PROVISION FOR PAYMENT UNDER PART (B) reduce expenditures under such title. subsection (f) and recommendations for such B.—Section 1832(a)(2)(B) of the Social Secu- (2) SITE REQUIREMENTS.— legislation and administrative actions as the rity Act (42 U.S.C. 1395k(a)(2)(B)) is amended (A) URBAN AND RURAL.—The Secretary Secretary considers appropriate. by adding at the end the following new shall conduct the pilot projects under this (f) EXPANSION.—If the Secretary deter- clause: section in both urban and rural areas. mines that any of the pilot projects under ‘‘(v) marriage and family therapist services (B) SITE IN A SMALL STATE.—The Secretary this section enhance health outcomes for and mental health counselor services;’’. shall conduct at least 3 of the pilot projects Medicare beneficiaries and reduce expendi- (4) AMOUNT OF PAYMENT.—Section 1833(a)(1) in a State with a population of less than tures under title XVIII of the Social Secu- of the Social Security Act (42 U.S.C. 1,000,000. rity Act, the Secretary may initiate com- 1395l(a)(1)) is amended— (3) DEFINITION OF HOME HEALTH AGENCY.—In parable projects in additional areas. (A) by striking ‘‘and (V)’’ and inserting this section, the term ‘‘home health agency’’ (g) INCENTIVE PAYMENTS HAVE NO EFFECT ‘‘(V)’’; and has the meaning given that term in section ON OTHER MEDICARE PAYMENTS TO AGEN- (B) by inserting before the semicolon at 1861(o) of the Social Security Act (42 U.S.C. CIES.—An incentive payment under this sec- the end the following: ‘‘, and (W) with re- 1395x(o)). tion— spect to marriage and family therapist serv- (b) MEDICARE BENEFICIARIES WITHIN THE (1) shall be in addition to the payments ices and mental health counselor services SCOPE OF PROJECTS.—The Secretary shall that a home health agency would otherwise under section 1861(s)(2)(BB), the amounts specify the criteria for identifying those receive under title XVIII of the Social Secu- paid shall be 80 percent of the lesser of the Medicare beneficiaries who shall be consid- rity Act for the provision of home health actual charge for the services or 75 percent ered within the scope of the pilot projects services; and of the amount determined for payment of a under this section for purposes of the appli- (2) shall have no effect on the amount of psychologist under subparagraph (L)’’. cation of subsection (c) and for the assess- such payments. (5) EXCLUSION OF MARRIAGE AND FAMILY ment of the effectiveness of the home health SEC. 20. FACILITATING THE PROVISION OF TELE- THERAPIST SERVICES AND MENTAL HEALTH agency in achieving the objectives of this HEALTH SERVICES ACROSS STATE COUNSELOR SERVICES FROM SKILLED NURSING section. Such criteria may provide for the in- LINES. FACILITY PROSPECTIVE PAYMENT SYSTEM.— clusion in the projects of Medicare bene- (a) IN GENERAL.—For purposes of expe- Section 1888(e)(2)(A)(ii) of the Social Secu- ficiaries who begin receiving home health diting the provision of telehealth services, services under title XVIII of the Social Secu- rity Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is for which payment is made under the Medi- rity Act after the date of the implementa- amended by inserting ‘‘marriage and family care program, across State lines, the Sec- tion of the projects. therapist services (as defined in section retary of Health and Human Services shall, (c) INCENTIVES.— 1861(ccc)(1)), mental health counselor serv- in consultation with representatives of (1) PERFORMANCE TARGETS.—The Secretary ices (as defined in section 1861(ccc)(3)),’’ after States, physicians, health care practitioners, shall establish for each home health agency ‘‘qualified psychologist services,’’. and patient advocates, encourage and facili- participating in a pilot project under this (6) INCLUSION OF MARRIAGE AND FAMILY tate the adoption of provisions allowing for section a performance target using one of THERAPISTS AND MENTAL HEALTH COUNSELORS multistate practitioner practice across State the following methodologies, as determined AS PRACTITIONERS FOR ASSIGNMENT OF lines. CLAIMS.—Section 1842(b)(18)(C) of the Social appropriate by the Secretary: (b) DEFINITIONS.—In subsection (a): Security Act (42 U.S.C. 1395u(b)(18)(C)) is (A) ADJUSTED HISTORICAL PERFORMANCE (1) TELEHEALTH SERVICE.—The term ‘‘tele- TARGET.—The Secretary shall establish for amended by adding at the end the following health service’’ has the meaning given that the agency— new clauses: term in subparagraph (F) of section (i) a base expenditure amount equal to the ‘‘(vii) A marriage and family therapist (as 1834(m)(4) of the Social Security Act (42 average total payments made to the agency defined in section 1861(ccc)(2)). U.S.C. 1395m(m)(4)). ‘‘(viii) A mental health counselor (as de- under parts A and B of title XVIII of the So- (2) PHYSICIAN, PRACTITIONER.—The terms cial Security Act for Medicare beneficiaries fined in section 1861(ccc)(4)).’’. ‘‘physician’’ and ‘‘practitioner’’ have the (b) COVERAGE OF CERTAIN MENTAL HEALTH determined to be within the scope of the meaning given those terms in subparagraphs SERVICES PROVIDED IN CERTAIN SETTINGS.— pilot project in a base period determined by (D) and (E), respectively, of such section. (1) RURAL HEALTH CLINICS AND FEDERALLY the Secretary; and (3) MEDICARE PROGRAM.—The term ‘‘Medi- QUALIFIED HEALTH CENTERS.—Section (ii) an annual per capita expenditure target care program’’ means the program of health 1861(aa)(1)(B) of the Social Security Act (42 for such beneficiaries, reflecting the base ex- insurance administered by the Secretary of U.S.C. 1395x(aa)(1)(B)) is amended by striking penditure amount adjusted for risk and ad- Health and Human Services under title ‘‘or by a clinical social worker (as defined in justed growth rates. XVIII of the Social Security Act (42 U.S.C. subsection (hh)(1)),’’ and inserting ‘‘, by a (B) COMPARATIVE PERFORMANCE TARGET.— 1395 et seq.). clinical social worker (as defined in sub- The Secretary shall establish for the agency section (hh)(1)), by a marriage and family a comparative performance target equal to Mr. CONRAD. Mr. President, today I therapist (as defined in subsection (ccc)(2)), the average total payments under such parts am pleased to join Senator THOMAS in or by a mental health counselor (as defined A and B during the pilot project for com- introducing the Rural Hospital and in subsection (ccc)(4)),’’. parable individuals in the same geographic Provider Equity Act, or R–HoPE. This

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.045 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5794 CONGRESSIONAL RECORD — SENATE June 13, 2006 proposal will help shore up health care provision that has helped rural hos- to provide quality ambulance care and in rural areas and give rural Americans pitals to better meet their labor costs receive fair reimbursement for lab hope that health care will be available by improving their ‘‘wage index’’ cal- services provided outside the hospital. when they need it. culation. In addition, the proposal Rural America is the backbone of R–HoPE is the next step in address- would close the gap in payments hos- this country. We must not turn our ing the inequities that exist in Medi- pitals receive for serving low-income backs on rural Americans and their care reimbursement and ensuring ac- patients by giving the same level of health care needs. They have a right to cess to health services, like ambulance, special ‘‘disproportionate share pay- the same quality health care enjoyed mental health and home health care, in ments’’ that urban areas enjoy. Lastly, by other Americans. And that right is rural communities. The proposal has the bill establishes a new loan program being threatened by low Medicare re- strong bipartisan support. In fact we’re to help rural hospitals repair crum- imbursement and limited access to pro- pleased to have over 12 cosponsors bling buildings. viders. R–HoPE truly gives hope to today from both sides of the aisle. Second, R–HoPE would guarantee those living in rural communities by Our proposal also has broad support that rural Americans can see a doctor erasing the inequities in current law among provider groups including the when they are sick. As is the case with that impede access to care. National Rural Health Association, the most rural States, much of North Da- I want to thank my Senate col- American Hospital Association, the kota is designated as a health profes- leagues who have joined in this effort, American Ambulance Association, Fed- sional shortage area, HPSA. Recruiting as well as the organizations who eration of American Hospitals, the Na- doctors to these areas is very difficult, worked with us, for their cooperation tional Association of Rural Health and the Medicare program recognized in developing this important health Clinics, National Association for Home that extra payments are needed when care proposal. It is my hope that this Care and Hospice, and the American it established the 10-percent physician legislation will help strengthen our Academy of Nurse Practitioners. scarcity payment for doctors who serve rural health care system and preserve As my colleagues know, prior to the Medicare patients in HPSAs. R–HoPE it for generations to come. Medicare Modernization Act, Medicare would extend these vital bonus pay- was shortchanging rural providers. Our ments. Our proposal also extends a pro- By Mr. MCCAIN: reimbursement was significantly less vision from the MMA that erases geo- S. 3501. A bill to amend the Shivwits than our urban counterparts. For ex- graphic inequities in physician pay- Band of the Paiute Indian Tribe of ample, Mercy Hospital in Devil’s Lake ments. Utah Water Rights Settlement Act to North Dakota received half as much re- Third, our bill would guarantee that establish an acquisition fund for the imbursement for treating pneumonia when there is an emergency in a rural water rights and habitat acquisition as Mercy Hospital in New York City area, an ambulance is there to respond. program; to the Committee on Indian did. While I will be the first to admit Many rural ambulance services are Affairs. that health care can be more expensive closing because of low Medicare reim- Mr. MCCAIN. Mr. President, today I in urban areas, it certainly isn’t twice bursement. These services are often am introducing legislation to amend the cost. And for that matter, rural staffed by volunteers; few first respond- the Shivwits Band of Paiute Indian hospitals don’t get a ‘‘rural discount’’ ers are paid. R–HoPE would protect Tribe of Utah Water Rights Settlement when they go to buy supplies or new rural ambulance services by improving Act 2000 in order to bring that settle- technology. It costs rural hospitals how Medicare pays EMS providers in ment to an orderly conclusion. That even more to purchase technology and rural areas. The bill also extends a 2- act ratified a negotiated settlement of supplies because they can’t achieve the percent bonus payment for rural ambu- the Shivwits Band of Paiute Indian economies of scale that larger, more lance services and takes steps to re- Tribe’s water entitlement to flow from urban hospitals can. duce the number of wrongful denials of the Santa Clara River in Utah. The De- The MMA recognized this disparity payment by Medicare contractors. partment of the Interior requested the in reimbursement and took steps to Fourth, R–HoPE helps to bolster a amendment and provided technical as- close the gap. We secured over $25 bil- vital rural health care safety net pro- sistance in crafting the legislation. lion for rural health care, but most of vider, rural health clinics. Our bill As part of section 10, Water Rights the changes were only temporary. Even would help preserve this important Settlement, of the Shivwits Settle- with the MMA funding, many rural source of health care by increasing the ment Act a water rights and habitat hospitals and providers continue to ex- all-inclusive payment from $63 to $82. acquisition program was authorized. perience negative margins. In 2003, be- In addition, our bill encourages rural Congress authorized $3.0 million to be fore the MMA passed, rural hospitals health clinics to collaborate with com- appropriated to implement section 10. had overall Medicare margins of nega- munity health centers to provide care However, when the Department of the tive 5.4 percent—compared to negative in rural areas. Interior attempted to implement the 0.9 percent for urban providers. In its Fifth, R–HoPE takes a number of provision in section 10, which was in- March 2006 report, the Medicare Pay- steps to protect the availability of tended to maintain the $3.0 million in ment Advisory Commission projected home and mental health in rural areas an interest bearing account, the Treas- that rural hospitals would experience by increasing the number of providers ury Department advised that the lan- negative 4.5-percent margins this year. who are allowed to order and provide guage in section 10 was insufficient for Facilities cannot continue to provide these vital services. It also extends the this purpose. The Treasury Department high quality services if they lose over 4 rural add-on payment for home health and Department of the Interior devel- percent on every Medicare patient. services provided in rural areas and oped technical correction language to R–HoPE will help continue the creates a pilot project to use home address this deficiency in the settle- progress made by the MMA and add monitoring technology to provide ment act by amending the statutory new provisions that will protect access home health services. language for the establishment of the to rural health care. This bill also removes barriers to acquisition fund and investment of the First, it will help ensure that every- telehealth. Specifically, the bill would acquisition fund. one who chooses to live in a rural com- address problems that arise when tele- The bill I am introducing today will munity has a hospital nearby. For ex- health services are provided across allow the Shivwits Band water rights ample, the proposal recognizes that State lines and payment is denied be- and habitat acquisition program au- rural facilities can’t achieve the same cause the practitioner isn’t licensed in thorized under section 10 of the settle- economies of scale as large hospitals by the State where the patient resides. ment act to move forward. This legisla- giving extra payments to hospitals Finally, the bill we are introducing tion is supported by the Department of with fewer than 2,000 patients a year. includes two small changes to the crit- the Interior and will fully implement R–HoPE also reinstates provisions that ical access hospital, CAH, program the Shivwits Band of Paiute Indian protect rural hospitals against losses that will put these facilities on a much Tribe of Utah Water Settlement Act of under the current outpatient payment sounder financial footing. These provi- 2000. I urge my colleagues to support system. Next, the bill extends an MMA sions would ensure CAHs could afford this legislation.

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JN6.066 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5795 I ask unanimous consent that the Fund and any interest generated on that 2008, 6 million U.S. jobs will go unfilled text of the bill be printed in the principal) shall be managed in accordance because our workforce will not be RECORD. with this section.’’. qualified to fill them. There being no objection, the text of By Mr. KENNEDY (for himself, These shortcomings threaten both the bill was ordered to be printed in Mrs. CLINTON, and Mr. KERRY): our economic security and our national the RECORD, as follows: S. 3502. A bill to modernize the edu- security. S. 3501 cation system of the United States, to The last time America was shocked Be it enacted by the Senate and House of Rep- arm individuals with 21st century into realizing we were unacceptably be- resentatives of the United States of America in knowledge and skills in order to pre- hind in math and science was in 1957, Congress assembled, serve the economic and national secu- when the Soviet Union launched Sput- SECTION 1. ACQUISITION FUND. rity of the United States, and for other nik. To meet that crisis, Republican Section 10 of the Shivwits Band of the Pai- purposes; to the Committee on Health, President Eisenhower worked closely ute Indian Tribe of Utah Water Rights Set- with a Democratic Congress to pass the tlement Act (Public Law 106–263; 114 Stat. Education, Labor, and Pensions. 743) is amended— Mr. KENNEDY. Mr. President, Amer- National Defense Education Act. The (1) in subsection (f), by striking the second ican families face great challenges in new law declared a national ‘‘education sentence; and dealing with the rapidly changing glob- emergency,’’ and we doubled the Fed- (2) by adding at the end the following: al economy. The value of their wages is eral investment in education virtually ‘‘(g) ACQUISITION FUND.— declining, the cost of living is going up, overnight. ‘‘(1) ESTABLISHMENT.—There is established and many jobs are moving overseas. Today I join with my colleagues, in the Treasury of the United States a fund More and more Americans feel the Senator CLINTON and Senator KERRY, to be known as the ‘Santa Clara Water Rights and Habitat Acquisition Fund’ (re- American dream is slowly slipping out to introduce a new National Defense ferred to in this section as the ‘Acquisition of reach. Education Act for our own day and Fund’), consisting of— We can and must deal more effec- generation. ‘‘(A) such amounts as are appropriated to tively with this problem. We have a re- To respond to this major challenge, the Acquisition Fund under paragraph (2); sponsibility to make the investments we must ensure our education stand- and that are necessary to our progress—a ards are internationally competitive, ‘‘(B) any income earned on investment of responsibility to our families, to our so that our high school graduates can amounts in the Acquisition Fund under para- economy, to our Nation, and even to succeed in the new economy. We must graph (4). our national security. ‘‘(2) TRANSFERS TO ACQUISITION FUND.— make a commitment to all students— There are appropriated to the Acquisition We can guarantee America’s con- regardless of the studies they choose to Fund amounts equivalent to amounts made tinuing prosperity in the future, but we pursue—that cost will not be a barrier available under subsection (f). must work for it. We must sacrifice for to a college degree. We must strength- ‘‘(3) EXPENDITURES FROM ACQUISITION it. The rest of the world is playing for en math and science education in this FUND.—On request by the Secretary, the Sec- keeps. We cannot just tinker at the country by making college free for stu- retary of the Treasury shall transfer from margins if we expect to continue to be dents training to become math or the Acquisition Fund to the Secretary such a leader in this rapidly shrinking amounts as the Secretary determines to be science teachers in high need schools. world. Our New National Defense Education necessary to carry out this section. We must ensure that our citizens can ‘‘(4) INVESTMENT OF AMOUNTS.— Act responds to each of these impera- achieve the American dream once ‘‘(A) IN GENERAL.—On request by the Sec- tives. It modernizes our education sys- retary, the Secretary of the Treasury shall again. To do so, our highest priority tem and equips Americans with 21st invest such portion of the Acquisition Fund must be a world class education for century knowledge and skills. every American. We must make the as is not, in the judgment of the Secretary, It provides incentives and resources required to meet current withdrawals. American employee and employer the for schools to develop and implement ‘‘(B) OBLIGATIONS.—Investments may be best educated, best trained, and most more rigorous standards in math, made only in public debt securities with ma- capable in the world. We need to science and reading. turities suitable to the needs of the Acquisi- strengthen the capacities of every per- tion Fund, as determined by the Secretary, The legislation updates the Nation’s son in the Nation. that bear interest at a rate determined by report card—the National Assessment the Secretary of the Treasury, taking into This isn’t just my opinion. In recent years, study after study has empha- of Educational Progress—to ensure consideration current market yields on out- that it sets a national benchmark standing marketable obligations of the sized education as the solution to keep- United States of comparable maturity. ing America competitive in the years which is internationally competitive ‘‘(C) ACQUISITION OF OBLIGATIONS.—For the to come. and is aligned with the demands of the purpose of investments under subparagraph Last year, the Council on Competi- 21st century global economy. It ex- (A), obligations may be acquired— tiveness urged a focus on lifelong skill pands our ability to monitor science ‘‘(i) on original issue at the issue price; or development—through elementary, achievement. It requires the NAEP to ‘‘(ii) by purchase of outstanding obliga- secondary and higher education, and measure student preparedness to enter tions at the market price. through training and workforce sup- college, the 21st century workforce, or ‘‘(D) SALE OF OBLIGATIONS.—Any obligation the armed services. It also requires the acquired by the Acquisition Fund may be port, as essential to keeping America sold by the Secretary of the Treasury at the on the cutting edge of innovation. Secretary of Education to examine market price. A recent National Academy of the gaps in student performance on ‘‘(E) CREDITS TO ACQUISITION FUND.—The in- Sciences report contains these rec- State-level assessments and NAEP as- come on, and the proceeds from the sale or ommendations. Two of the report’s sessments, and to assist States in un- redemption of, any obligations held in the four major recommendations state that derstanding those gaps. It provides Acquisition Fund shall be credited to, and education is the solution to meeting critical resources to states to create form a part of, the Acquisition Fund. the global challenge. PreK–16 Preparedness Councils to help ‘‘(5) TRANSFERS OF AMOUNTS.— The National Association of Manu- them with their efforts to improve ‘‘(A) IN GENERAL.—The amounts required to be transferred to the Acquisition Fund facturers has also issued a report urg- state standards and ensure that they under this subsection shall be transferred at ing a renewed focus on education and are aligned with the expectations of least monthly from the general fund of the training to keep American businesses colleges, employers, and the Armed Treasury to the Acquisition Fund on the competitive. Services. It also provides funding to basis of estimates made by the Secretary of Other industrialized countries are States working in collaboration to es- the Treasury. embracing education as the key to tablish common standards and assess- ‘‘(B) ADJUSTMENTS.—Proper adjustment competing in this new economy, but ments. shall be made in amounts subsequently America is slipping behind. We rank The New NDEA also directs resources transferred to the extent prior estimates were in excess of or less than the amounts 28th out of 40 nations in math edu- to high need schools, to enable them to required to be transferred. cation. We were 3rd in the world in 1975 invest in math, science, engineering ‘‘(6) MANAGEMENT.—The Acquisition Fund in the production of new scientists and and technology textbooks and labora- (including the principal of the Acquisition engineers, but now we rank 15th. By tories, and give their students equal

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.053 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5796 CONGRESSIONAL RECORD — SENATE June 13, 2006 access to a curriculum that will pro- ventors. We cannot let these achieve- Progress average scale scores for 8th grade vide the skills they need to be success- ments stall. Slogans are not enough. mathematics reveals that 31 States—more ful in the 21st century global economy. We have to put first things first, and than 1⁄2 of the States in the Nation—scored The legislation recognizes the crit- give children, parents, schools, commu- more than 10 points (about 1 grade level) below the highest scoring State, Massachu- ical role of the National Science Foun- nities and states the support they need setts. dation in ensuring our children have to refuel the amazing engine of edu- (7) More than 200,000,000 children in China access to cutting-edge science and cation and keep our country great in are studying English, a compulsory subject technology programs, by doubling the the years ahead. for all Chinese primary school students. By investment in elementary, secondary, I urge my colleagues to join us in comparison, only about 24,000 of approxi- and postsecondary education programs making this strong new commitment mately 54,000,000 elementary and secondary at NSF. to securing our Nation’s future by sup- school children in the United States are The New NDEA also helps open the porting the New National Defense Edu- studying Chinese. (8) There is a significant shortage of doors of college to all by creating the cation Act. Mr. President, I ask unanimous con- trained and qualified mathematics and Contract for Educational Opportunity science teachers in the United States. Ac- grant program, or ‘‘CEO Grants,’’ sent that the text of the New National cording to the National Science Board, in which guarantee students that if they Defense Education Act be printed in 2002, between 17 and 28 percent of public sec- work hard and are admitted to college, the RECORD. ondary school science teachers (depending on their financial need will be met There being no objection, the text of the specific scientific field), and 20 percent of through additional State and Federal the bill was ordered to be printed in public secondary school mathematics teachers, lacked full certification in their teach- financial aid. the RECORD, as follows: S. 3502 ing field. The legislation also offers additional 1 Be it enacted by the Senate and House of Rep- (9) More than ⁄2 of the 20 fastest growing grants to make college tuition free for occupations require postsecondary degrees in low- and middle-income students resentatives of the United States of America in Congress assembled, mathematics or science. According to the studying science, technology, engineer- National Science Board, out of more than SECTION 1. SHORT TITLE. ing or math, as well as critical-need This Act may be cited as the ‘‘New Na- 15,000,000 college students, less than 400,000 foreign languages. tional Defense Education Act of 2006’’. Americans a year graduate with a bachelor’s degree in mathematics, science, engineering, The bill provides larger grants to stu- SEC. 2. FINDINGS. or technology. According to the National dents studying to become teachers in Congress finds the following: Science Foundation, only 75,000 American (1) Throughout our Nation’s history, the these fields who agree to work in a undergraduate students obtain a master’s de- skills and education of our workforce have high poverty school for at least 4 years. gree in mathematics, science, engineering, been a major determinant of the standard of It also provides teachers with tax cred- or technology. living of the people of the United States. its, increased loan forgiveness and ad- (10) In a 2002 Government Accountability (2) Spurred into action by the launch of Office report, the United States Army re- ditional incentives to continue to Sputnik, Congress passed the National De- ported that it was experiencing serious teach where they are needed the most. fense Education Act of 1958 (Public Law 85– shortfalls of translators and interpreters in 5 It provides grants to institutions of 864, 72 Stat. 1580). The law, now nearly 50 of its 6 critical languages: Arabic, Korean, higher education to develop innovative years old, declared a national ‘‘educational Mandarin Chinese, Persian-Farsi, and Rus- emergency’’, and Federal expenditures for programs for recruiting and training sian. According to the Modern Language As- education more than doubled in the 4 years new teachers, and invests in teacher sociation, enrollment in foreign languages after its passage. The programs authorized training programs to support their con- declined from 16 percent of college students under the Act helped the United States to tinuing education. in 1965 to 8 percent in 1974, rebounding to improve rapidly in mathematics, science, en- just 8.6 percent in 2002. Less commonly The bill recognizes that it is increas- gineering, technology, and foreign languages taught languages accounted for only 12 per- ingly important for students to be ex- and led to our dominance in the arms race cent of all language enrollments. This means posed to other languages and cultures. and the global economy. that 1 percent of American undergraduate In recent years, foreign language needs (3) Today, our Nation once again faces an students are studying these critical lan- have significantly increased through- international challenge in education: we guages. must confront a shortage of highly skilled out the public and private sector be- (11) In 2002, 79 percent of Americans agreed and educated workers, especially in mathe- cause of the wider range of security that students should have a study-abroad ex- matics, science, engineering, technology, threats, the emergence of new nation perience sometime during college. Only 1 and critical-need foreign languages. As a per- percent of all United States undergraduate states, and the globalization of the centage of total first university degrees students studied abroad in the 2001–2002 U.S. economy. American businesses in- granted, the United States produced fewer school year. creasingly need employees experienced graduates in mathematics, science, and engi- (12) The Government Accountability Office in foreign languages and international neering in 2002 than the Nation did in 1985. estimates that the number of students en- cultures to manage a culturally diverse Currently, the United States Government re- rolled in science, technology, engineering, or quires 34,000 employees with foreign lan- workforce. mathematics doctoral degree programs at guage skills in 100 languages across more The New NDEA responds to these United States institutions of higher edu- than 80 Federal agencies. These trends pose a needs by providing grants for elemen- cation declined from 217,395 during the 1995– threat to our national security and our eco- tary and secondary critical-need lan- 1996 academic year to 198,504 during the 2003– nomic security. 2004 academic year. guage programs, summer institutes to (4) Student achievement in mathematics (13) The extent of this crisis requires a co- improve teachers’ knowledge and in- and science in elementary school and sec- ordinated Federal response and an increased struction of foreign languages and ondary school lags behind other nations, ac- Federal investment in programs of the De- international content, and study cording to the Trends in International Math- partment of Education and the National ematics and Science study and other studies, abroad and foreign language study op- Science Foundation. portunities for high school students, including the Programme for International Student Assessment, that recently ranked TITLE I—MODERNIZING AMERICA’S and undergraduate and graduate stu- EDUCATION SYSTEM dents. United States secondary school students 28th out of 40 first- and second-world nations, and Subtitle A—Prekindergarten Through Grade The New NDEA also continues to in- tied with Latvia, in mathematics perform- 16 Education vest in our current workforce. The bill ance and problem solving. SEC. 111. PURPOSES. builds on existing formula funds for job (5) According to the most recent National The purposes of this subtitle are the fol- training with competitive grants to Assessment of Educational Progress, less lowing: support innovative strategies to meet than 40 percent of the students in grade 4 and (1) To ensure students receive an education emerging labor market needs. 30 percent of the students in grade 8, and competitive with other industrialized coun- From our earliest days as a nation, only 17 percent of the students in grade 12, tries. education has been the engine of the reach the proficient level in mathematics, (2) To assist States in improving the rigor 1 American dream. Our country is home and approximately ⁄3 of the students in of standards and assessments. grades 4 and 8, and nearly 1⁄2 of the students (3) To provide for the establishment of pre- to the greatest universities in the in grade 12, do not reach the basic level in kindergarten through grade 16 student pre- world, and our education system has science. paredness councils to better link early child- produced the world’s leading teachers, (6) A State-by-State comparison of the 2005 hood education and school readiness with el- scientists, writers, musicians, and in- National Assessment of Educational ementary school success, elementary student

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.056 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5797 skills with success in secondary school, and (D) are high-quality, sustained, intensive, (A) The percentage of students who per- secondary student skills and curricula, espe- and classroom-focused, in order to have a formed at or above the basic level on the cially with respect to reading, mathematics, positive and lasting effect on classroom in- State assessment— and science, with the demands of higher edu- struction and the teacher’s performance in (i) for the most recent applicable year; cation, the 21st century workforce, and the the classroom; (ii) for the preceding year; and Armed Forces, in order to— (E) advance teacher understanding of effec- (iii) for the previous year in which the as- (A) ensure that greater number of stu- tive instructional strategies that are based sessment required under section 1111(c)(2) of dents, especially low-income and minority on scientifically based research and are di- the Elementary and Secondary Education students, complete secondary school with rectly aligned with the State academic con- Act of 1965 was given in such subject, the coursework and skills necessary to tent standards and State assessments; and the change in such percentages between enter— (F) are designed to give teachers the those assessments. (i) credit-bearing coursework in higher knowledge and skills to provide instruction (B) The percentage of students who per- education without the need for remediation; and appropriate language and academic sup- (ii) high-paying employment in the 21st port services to limited English proficient formed at or above the proficient level on century workforce; or students and students with special needs, in- the State assessment— (iii) the Armed Forces. cluding the appropriate use of curricula and (i) for the most recent applicable year; (4) To establish a system that encourages assessments; (ii) for the preceding year; and local educational agencies to adopt a cur- (G) are, as a whole, regularly evaluated for (iii) for the previous year in which the as- riculum that meets State academic content their impact on increased teacher effective- sessment required under section 1111(c)(2) of standards and student academic achieve- ness and improved student academic the Elementary and Secondary Education ment standards and prepares all students for achievement, with the findings of the eval- Act of 1965 was given in such subject, success in elementary school, secondary uations used to improve the quality of pro- and the change in such percentages between school, and post-secondary endeavors in the fessional development; and those assessments. 21st century. (H) include instruction in the use of data (C) The percentage of students who per- SEC. 112. DEFINITIONS. and assessments to inform and instruct formed at or above the basic level on the as- In this subtitle: classroom practice. sessment required under section 1111(c)(2) of (1) IN GENERAL.—The terms ‘‘elementary (8) STATE.—The term ‘‘State’’ means each the Elementary and Secondary Education school’’, ‘‘limited English proficient’’, ‘‘local of the several States of the United States, Act of 1965— educational agency’’, ‘‘scientifically based the District of Columbia, the Commonwealth (i) for the most recent applicable year; and research’’, ‘‘secondary school’’, ‘‘Secretary’’, of Puerto Rico, the United States Virgin Is- (ii) for the previous such assessment, and ‘‘State educational agency’’ have the lands, Guam, American Samoa, the Com- and the change in such percentages between meanings given such terms in section 9101 of monwealth of the Northern Mariana Islands, those assessments. the Elementary and Secondary Education the Republic of the Marshall Islands, the (D) The percentage of students who per- Act of 1965 (20 U.S.C. 7801). Federated States of Micronesia, and the Re- formed at or above the proficient level on (2) ACADEMIC CONTENT STANDARDS; STUDENT public of Palau. the assessment required under section ACADEMIC ACHIEVEMENT STANDARDS.—The (9) STATE ASSESSMENT.—The term ‘‘State 1111(c)(2) of the Elementary and Secondary terms ‘‘academic content standards’’ and assessment’’, when used with respect to a Education Act of 1965— ‘‘student academic achievement standards’’, particular State, means the student aca- (i) for the most recent applicable year; and when used with respect to a particular State, demic assessments implemented by the (ii) for the previous such assessment, mean the academic content standards and State pursuant to section 1111(b)(3) of the El- and the change in such percentages between student academic achievement standards ementary and Secondary Education Act of those assessments. adopted by a State under section 1111(b)(1) of 1965 (20 U.S.C. 6311(b)(3)). (E) The difference between— the Elementary and Secondary Education (10) STUDENT PREPAREDNESS.—The term (i) the percentage of students who per- Act of 1965 (20 U.S.C. 6311(b)(1)). ‘‘student preparedness’’ means preparedness formed at or above the basic level for the (3) 21ST CENTURY CURRICULUM.—The term based on the knowledge and skills that— most recent applicable year on the assess- ‘‘21st century curriculum’’ means a course of (A) are prerequisites for entrance into— ment required under section 1111(c)(2) of the study identified by a State as preparing sec- (i) credit-bearing coursework in higher ondary school students for entrance into education without the need for remediation; Elementary and Secondary Education Act of credit-bearing coursework in higher edu- (ii) the 21st century workforce; and 1965; and cation without the need for remediation, em- (iii) the Armed Forces; (ii) the percentage of students who per- ployment in the 21st century workforce, or (B) can be measured and verified objec- formed at or above the basic level on the entrance into the Armed Forces. A State tively using widely accepted professional as- State assessment for such year. shall define the 21st century curriculum in sessment standards; and (F) The difference between— terms of content as well as course names. (C) are consistent with widely accepted (i) the percentage of students who per- (4) END OF COURSE EXAMINATION.—The term professional assessment standards and com- formed at or above the proficient level for ‘‘end of course examination’’ means an as- petitive with international levels of pre- the most recent applicable year on the assessment of student learning given at the paredness of students for postsecondary suc- sessment required under section 1111(c)(2) of end of a particular course that is used to cess. the Elementary and Secondary Education measure student learning of State academic SEC. 113. ALIGNING STATE STANDARDS WITH NA- Act of 1965; and content standards in the subject matter of TIONAL BENCHMARKS. (ii) the percentage of students who per- the course. (a) REPORT ON RESULTS OF STATE ASSESS- formed at or above the proficient level on (5) GRADUATION RATE.—The term ‘‘gradua- MENTS AND NATIONAL ASSESSMENT.—Not the State assessment for such year. tion rate’’ means the percentage of students later than 90 days after each release of the (2) ANALYSIS.—In addition to the informa- who graduate from secondary school with a results of the National Assessment of Edu- tion described in paragraph (1), the Sec- regular diploma in the standard number of cational Progress (as carried out under secretary shall include in the report— years. tion 303(b)(2) of the National Assessment of (A) an analysis of how the achievement of (6) INSTITUTION OF HIGHER EDUCATION.—The Educational Progress Authorization Act (20 students in grades 4, 8, and 12, and the pre- term ‘‘institution of higher education’’ has U.S.C. 9622(b)(2)) and section 1111(c)(2) of the paredness of students in grade 12 (when such the meaning given the term in section 101(a) Elementary and Secondary Education Act of data on preparedness exists from assess- of the Higher Education Act of 1965 (20 U.S.C. 1965 (20 U.S.C. 6311(c)(2)) in reading or mathe- ments described in section 303 of the Na- 1001(a)). matics (or, beginning in 2009, science) in tional Assessment of Educational Progress (7) PROFESSIONAL DEVELOPMENT.—The term grades 4 and 8, the Secretary shall— Authorization Act), in the United States ‘‘professional development’’ includes activi- (1) prepare and submit to Congress the re- compares to the achievement and prepared- ties that— port described in subsection (b) on the re- (A) improve and increase teachers’ knowl- sults of the State assessments and the as- ness of students in other industrialized coun- edge of the academic subjects the teachers sessments of reading and mathematics, and, tries; and teach, and enable teachers to become highly beginning in 2009, science, in grades 4 and 8, (B) possible reasons for any deficiencies qualified; required under section 1111(c)(2) of the Ele- identified in the achievement or prepared- (B) are an integral part of broad edu- mentary and Secondary Education Act of ness of United States students compared to cational improvement plans across the 1965; and students in other industrialized countries. school and across the local educational agen- (2) identify States with significant discrep- (3) RANKING.—The Secretary shall— cy; ancies in performance between the 2 assess- (A) using the information described in (C) give teachers, principals, and adminis- ments, as described in subsection (b)(3). paragraph (1), rank the States according to trators the knowledge and skills to provide (b) CONTENTS OF REPORT.— the degree to which student performance on students with the opportunity to meet the (1) IN GENERAL.—The report described in State assessments differs from performance State academic content standards and stu- this subsection shall include the following on the assessments required under section dent academic achievement standards and information for each subject area and grade 1111(c)(2) of the Elementary and Secondary the 21st century curriculum demands; described in subsection (a)(1) in each State: Education Act of 1965; and

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.047 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5798 CONGRESSIONAL RECORD — SENATE June 13, 2006 (B) identify those States with the most sig- (viii) in subparagraph (L) (as redesignated (bb) by striking ‘‘reading and mathe- nificant discrepancies in performance be- by clause (iv)), by striking the period and in- matics’’ and inserting ‘‘reading, mathe- tween the State assessments and the assess- serting ‘‘; and’’; matics, and science’’; and ments required under section 1111(c)(2) of the (ix) by inserting after subparagraph (L) the (III) in clause (iv), by striking ‘‘an evalua- Elementary and Secondary Education Act of following: tion’’ and inserting ‘‘a review’’; and 1965. ‘‘(M) conduct an alignment analysis as de- (ii) in subparagraph (C)(ii), by striking (c) REPORT ON STATE PROGRESS.—Begin- scribed in section 304 for each State that re- ‘‘reading and mathematics’’ and inserting ning 5 years after the date of enactment of quests such analysis.’’; and ‘‘reading, mathematics, and science’’; this Act, the Secretary shall include in the (x) in the flush matter at the end— (E) in paragraph (4)(B), by striking ‘‘, re- report described in subsection (a)(1) the fol- (I) by inserting ‘‘for an assessment’’ after quire, or influence’’ and inserting ‘‘or re- lowing: ‘‘data’’; quire’’; and (1) Information about the progress made by (II) by inserting ‘‘Assessment Board’s’’ (F) in paragraph (5)(B), by striking ‘‘aca- States to decrease discrepancies in student after ‘‘prior to the’’; and demic achievement’’ and inserting ‘‘aca- performance on the State assessments and (III) by striking ‘‘(J)’’ and inserting ‘‘(L)’’; demic achievement or grade 12 student pre- the assessments required under section (B) in paragraph (4), by inserting ‘‘of Edu- paredness’’; 1111(c)(2) of the Elementary and Secondary cational Progress’’ after ‘‘National Assess- (2) in subsection (c)(3)(A), by striking ‘‘aca- Education Act of 1965. ment’’; demic achievement’’ and inserting ‘‘aca- (2) The differences that exist in States (C) in paragraph (5), in the paragraph head- demic achievement or grade 12 preparedness’’; across subject areas and grades. ing, by inserting ‘‘ADVICE’’ after ‘‘TECH- (3) in subsection (d)(3)— SEC. 114. NATIONAL ASSESSMENT OF EDU- NICAL’’; and (A) in subparagraph (A), by striking ‘‘read- CATIONAL PROGRESS CHANGES. (D) in paragraph (6), by inserting ‘‘or grade ing and mathematics in grades 4 and 8’’ and (a) NATIONAL ASSESSMENT GOVERNING 12 student preparedness levels’’ after ‘‘stu- inserting ‘‘reading, mathematics, and BOARD.—Section 302 of the National Assess- dent achievement levels’’; and science in grades 4 and 8’’; and ment of Educational Progress Authorization (5) in subsection (g)(1), by inserting ‘‘of (B) in subparagraph (B), by striking ‘‘read- Act (20 U.S.C. 9621) is amended— Educational Progress’’ after ‘‘National As- ing and mathematics assessments in grades 4 (1) in subsection (a), by striking ‘‘shall for- sessment’’. and 8’’ and inserting ‘‘reading, mathematics, mulate’’ and all that follows through the pe- (b) NATIONAL ASSESSMENT OF EDUCATIONAL and science assessments in grades 4 and 8’’; riod at the end and inserting ‘‘shall— PROGRESS.—Section 303 of the National As- (4) in subsection (e)— ‘‘(1) formulate policy guidelines for the Na- (A) in the subsection heading, by inserting tional Assessment of Educational Progress sessment of Educational Progress Authoriza- tion Act (20 U.S.C. 9622) is amended— ‘‘AND GRADE 12 STUDENT PREPAREDNESS LEV- (carried out under section 303); and ELS’’ after ‘‘LEVELS’’; ‘‘(2) carry out, upon the request of a State, (1) in subsection (b)— (A) in the subsection heading, by striking (B) in paragraph (1)— an alignment analysis (under section 304) (i) by striking the paragraph heading and ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’; comparing a State’s academic content stand- inserting ‘‘DEVELOPMENT.—’’; and (B) by striking paragraph (1) and inserting ards and student academic achievement (ii) by inserting ‘‘, and develop grade 12 the following: standards adopted under section 1111(b)(1) of student preparedness levels’’ after ‘‘sub- ‘‘(1) PURPOSES.—The purposes of this sec- the Elementary and Secondary Education section (b)(2)(F)’’; Act of 1965, assessment specifications, assess- tion are— (C) in paragraph (2)— ment questions, and performance standards ‘‘(A) to provide, in a timely manner, a fair (i) by striking subparagraph (A) and insert- with national benchmarks reflected in the and accurate measurement of student ing the following: assessments authorized under this Act.’’; achievement and grade 12 student prepared- ‘‘(A) STUDENT ACHIEVEMENT AND GRADE 12 (2) in subsection (b)(1), by adding at the ness in reading, mathematics, science, and PREPAREDNESS LEVELS.— end the following: other subject matter as specified in this sec- ‘‘(i) STUDENT ACHIEVEMENT LEVELS.—The ‘‘(O) One representative of the Armed tion; and student achievement levels described in Forces with expertise in military personnel ‘‘(B) to report trends in student achieve- paragraph (1) shall be determined by— requirements and military preparedness, who ment and grade 12 student preparedness in ‘‘(I) identifying the knowledge and skills shall serve as an ex-officio, nonvoting mem- reading, mathematics, science, and other that— ber.’’; subject matter as specified in this section.’’; ‘‘(aa) are prerequisite to credit-bearing (3) in subsection (c), by striking paragraph (C) in paragraph (2)— coursework in higher education without the (4); (i) in subparagraph (B), by striking ‘‘read- need for remediation in English, mathe- (4) in subsection (e)— ing and mathematics’’ and inserting ‘‘read- matics, or science, participation in the 21st (A) in paragraph (1)— ing, mathematics, and science’’; century workforce, and the Armed Forces or, (i) in subparagraph (B), by inserting ‘‘and (ii) by striking subparagraph (C) and in- in the case of grade 4 and grade 8 students, grade 12 student preparedness levels’’ after serting the following: are prerequisite to grade 12 preparedness; ‘‘achievement levels’’; ‘‘(C) conduct a national assessment and ‘‘(bb) are competitive with rigorous inter- (ii) in subparagraph (D), by inserting collect and report assessment data, including national content and performance standards; ‘‘members of the business and military com- achievement and student preparedness data and munities,’’ after ‘‘parents,’’; trends, in a valid and reliable manner on stu- ‘‘(cc) can be measured and verified objec- (iii) in subparagraph (E), by inserting dent academic achievement and student pre- tively using widely accepted professional as- ‘‘and’’ after ‘‘subject matter,’’; paredness in public and private schools in sessment standards; and (iv) by redesignating subparagraphs (G), reading, mathematics, and science at least ‘‘(II) developing student achievement lev- (H), (I), and (J) as subparagraphs (H), (I), (K), once every 2 years in grade 12;’’; els that are— and (L), respectively; (iii) in subparagraph (D)— ‘‘(aa) based on the knowledge and skills (v) by inserting after subparagraph (F) the (I) by striking ‘‘subparagraph (B) are im- identified in subclause (I); following: plemented and the requirements described in ‘‘(bb) based on the appropriate level of sub- ‘‘(G) consistent with section 303, measure subparagraph (C) are met,’’ and inserting ject matter knowledge for the grade levels to grade 12 student preparedness;’’; ‘‘subparagraphs (B) and (C) are imple- be assessed, or the age of the students, as the (vi) by inserting after subparagraph (I) (as mented,’’; and case may be; and redesignated by clause (iv)) the following: (II) by striking ‘‘science,’’; ‘‘(cc) consistent with relevant widely ac- ‘‘(J) ensure the rigor of the National As- (iv) in subparagraph (E)— cepted professional assessment standards. sessment of Educational Progress framework (I) by striking ‘‘reading and mathematics’’ ‘‘(ii) GRADE 12 STUDENT PREPAREDNESS LEV- and assessments, taking into consideration— and inserting ‘‘reading, mathematics, and ELS.—The grade 12 student preparedness lev- ‘‘(i) the knowledge and skills that are pre- science’’; and els described in paragraph (1) shall be deter- requisite to credit-bearing coursework in (II) by striking ‘‘subparagraph (B)’’ and in- mined by— higher education without the need for reme- serting ‘‘subparagraphs (B) and (C)’’; and ‘‘(I) identifying the knowledge and skills diation, the 21st century workforce, and the (v) in subparagraph (H), by striking that— Armed Forces; and ‘‘achievement data’’ and inserting ‘‘student ‘‘(aa) are prerequisite to credit-bearing ‘‘(ii) rigorous international content and achievement data and grade 12 student pre- coursework in higher education without the performance standards, and how the achieve- paredness data’’; need for remediation in English, mathe- ment of students in grades 4, 8, and 12, and (D) in paragraph (3)— matics, or science, participation in the 21st the preparedness of students in grade 12, in (i) in subparagraph (A)— century workforce, and the Armed Forces; the United States compare to the achieve- (I) in clause (i), by striking ‘‘reading and ‘‘(bb) are competitive with rigorous inter- ment and the preparedness of students in mathematics’’ and inserting ‘‘reading, math- national content and performance standards; other industrialized countries;’’; ematics, and science’’; and (vii) in subparagraph (K) (as redesignated (II) in clause (ii)— ‘‘(cc) can be measured and verified objec- by clause (iv)), by striking ‘‘and’’ after the (aa) by inserting ‘‘and grade 12 student pre- tively using widely accepted professional as- semicolon; paredness’’ after ‘‘achievement’’; and sessment standards; and

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.047 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5799 ‘‘(II) developing grade 12 student prepared- ‘‘(A) credit-bearing coursework in higher Educational Progress Authorization Act (as ness levels that are— education without the need for remediation; redesignated by subsection (c)(1)) is amend- ‘‘(aa) based on the knowledge and skills ‘‘(B) the 21st century workforce; or ed— identified in subclause (I); and ‘‘(C) the Armed Forces. (1) by striking paragraph (1) and inserting ‘‘(bb) consistent with widely accepted pro- ‘‘(b) ALIGNMENT ANALYSIS.— the following: fessional assessment standards.’’; and ‘‘(1) IN GENERAL.—When the chief State ‘‘(1) for fiscal year 2007— (ii) in subparagraph (C), by striking school officer of a State identifies a need for, ‘‘(A) $7,500,000 to carry out section 302; ‘‘achievement levels’’ and inserting ‘‘student and requests the Assessment Board to con- ‘‘(B) $200,000,000 to carry out section 303; achievement levels and grade 12 student pre- duct, an alignment analysis for the State in and paredness levels’’; reading, mathematics, or science in grades 4 ‘‘(C) $10,000,000 to carry out section 304; (D) in paragraph (3)— and 8, the Assessment Board shall perform and’’; and (i) by striking ‘‘After determining that an alignment analysis of the State’s aca- (2) in paragraph (2)— such levels’’ and inserting ‘‘After deter- demic content standards and student aca- (A) by striking ‘‘5 succeeding’’ and insert- mining that the student achievement levels demic achievement standards adopted under ing ‘‘4 succeeding’’; and and grade 12 student preparedness levels’’; section 1111(b)(1) of the Elementary and Sec- (B) by striking ‘‘and 303, as amended by and ondary Education Act of 1965 (20 U.S.C. section 401 of this Act’’ and inserting ‘‘, 303, (ii) by striking ‘‘an evaluation’’ and insert- 6311(b)(1)), assessment specifications, and as- and 304’’. ing ‘‘a review’’; and sessment questions, for the identified subject (f) CONFORMING CHANGES AND AMEND- (E) in paragraph (4), by inserting ‘‘or grade in grades 4 and 8. Such analysis shall begin MENTS.— 12 student preparedness levels’’ after not later than 180 days after the alignment (1) CONFORMING CHANGES TO THE ELEMEN- ‘‘achievement levels’’; and analysis is requested. TARY AND SECONDARY EDUCATION ACT OF (5) in subsection (f)(1)— ‘‘(2) ASSESSMENT BOARD RESPONSIBILITIES.— 1965.— (A) in subparagraph (A), by inserting ‘‘and As part of the alignment analysis, the As- (A) STATE PLANS.—Section 1111(c)(2) of the grade 12 student preparedness levels’’ after sessment Board shall— Elementary and Secondary Education Act of ‘‘student achievement levels’’; and ‘‘(A) identify the differences between the 1965 (20 U.S.C. 6311(c)(2)) is amended by strik- (B) in subparagraph (B)— State’s academic content standards and stu- ing ‘‘and mathematics’’ and inserting ‘‘, (i) in clause (i), by inserting ‘‘or grade 12 dent academic achievement standards, as- mathematics, and science’’. student preparedness’’ after ‘‘achievement’’; sessment specifications, and assessment (B) LOCAL EDUCATIONAL AGENCY PLANS.— (ii) in clause (ii), by inserting ‘‘and grade questions for the subject identified by the Section 1112(b)(1)(F) of the Elementary and 12 student preparedness levels’’ after State, and national benchmarks reflected in Secondary Education Act of 1965 (20 U.S.C. ‘‘achievement levels’’; the National Assessment of Educational 6312(b)(1)(F)) is amended by striking ‘‘read- (iii) by striking clause (iii) and inserting Progress in such subject in grades 4 and 8; ing and mathematics’’ and inserting ‘‘read- the following: ‘‘(B) at the State’s request, recommend ing, mathematics, and science’’. ‘‘(iii) whether any authorized assessment is steps for, and policy questions such State (2) CONFORMING AMENDMENT.—Section being administered as a random sample and should consider regarding, the alignment of 113(a)(1) of the Education Sciences Reform is reporting the trends in student achieve- the State’s academic content standards and Act of 2002 (20 U.S.C. 9513(a)(1)) is amended ment or grade 12 student preparedness in a student academic achievement standards in by striking ‘‘section 302(e)(1)(J)’’ and insert- valid and reliable manner in the subject the identified subject, with national bench- ing ‘‘section 302(e)(1)(L)’’. areas being assessed;’’; marks reflected in the National Assessment SEC. 115. PREKINDERGARTEN THROUGH GRADE (iv) in clause (iv), by striking ‘‘and’’ after of Educational Progress in such subject in 16 STUDENT PREPAREDNESS COUN- the semicolon; grades 4 and 8; and CIL GRANTS. (v) in clause (v), by striking ‘‘and mathe- ‘‘(C) at the State’s request, and in conjunc- (a) PROGRAM AUTHORIZED.— matical knowledge.’’ and inserting ‘‘and tion with a State prekindergarten through (1) IN GENERAL.—From amounts appro- mathematical knowledge and scientific grade 16 student preparedness council estab- priated under subsection (g) for a fiscal year, knowledge; and’’; and lished under section 115 of the New National the Secretary is authorized to award, on a (vi) by adding at the end the following: Defense Education Act of 2006, assist in the competitive basis, grants to States for the ‘‘(vi) whether the appropriate authorized development of a plan described in section purpose of allowing the States to establish assessments are measuring, consistent with 115(e)(1)(C) of such Act. State prekindergarten through grade 16 stu- this section, the preparedness of students in ‘‘(3) CONTRACT.—At the discretion of the dent preparedness councils (referred to in grade 12 in the United States for entry into— Assessment Board, the Assessment Board this section as ‘‘councils’’) that— ‘‘(I) credit-bearing coursework in higher may enter into a contract with an entity (A) convene stakeholders within the State education without the need for remediation that possesses the technical expertise to con- and create a forum for identifying and delib- in English, mathematics, or science; duct the analysis described in this sub- erating on educational issues that cut across ‘‘(II) the 21st century workforce; and section. prekindergarten through grade 12 education ‘‘(III) the Armed Forces.’’. ‘‘(4) STATE PANEL.—The chief State school and higher education, and transcend any sin- (c) NATIONAL BENCHMARKS.—The National officer of a State participating in an align- gle system of education’s ability to address; Assessment of Educational Progress Author- ment analysis described in this subsection (B) develop and implement a plan for im- ization Act (20 U.S.C. 9621 et seq.) is amend- shall appoint a panel of not less than 6 indi- proving the rigor of a State’s academic con- ed— viduals to partner with the Assessment tent standards, student academic achieve- (1) by redesignating sections 304 and 305 as Board in conducting the alignment analysis. ment standards, assessment specifications, sections 305 and 306, respectively; and Such panel— and assessment questions as necessary, to (2) by inserting after section 303 the fol- ‘‘(A) shall include— ensure such standards and assessments meet lowing: ‘‘(i) local and State curriculum experts; national and international benchmarks as ‘‘SEC. 304. NATIONAL BENCHMARKS. ‘‘(ii) relevant content and pedagogy ex- reflected in the assessments required under ‘‘(a) PURPOSES.—The purposes of this sec- perts, including representatives of entities section 303(b)(2) of the National Assessment tion are— with widely accepted national educational of Educational Progress Authorization Act ‘‘(1) to encourage the coordination of, and standards and assessments; and (20 U.S.C. 9622(b)(2)) or as defined by the consistency between— ‘‘(iii) not less than 1 entity that possesses council as necessary for success in credit- ‘‘(A) a State’s academic content standards the technical expertise to assist the State in bearing coursework in higher education and student academic achievement stand- implementing standards-based reform, which without the need for remediation, the 21st ards adopted under section 1111(b)(1) of the may be the same entity with which the As- century workforce, or the Armed Forces; Elementary and Secondary Education Act of sessment Board contracts to conduct the (C) inform the design and implementation 1965, assessment specifications, and assess- analysis under paragraph (3); and of integrated prekindergarten through grade ment questions; and ‘‘(B) may include other State and local rep- 16 data systems, which— ‘‘(B) national benchmarks, as reflected in resentatives and representatives of organiza- (i) will allow the State to track the the National Assessment of Educational tions with relevant expertise.’’. progress of individual students from pre- Progress; (d) DEFINITION OF SECRETARY.—Section 305 kindergarten through grade 12 and into high- ‘‘(2) to assist States in increasing the rigor of the National Assessment of Educational er education; and of their State academic content standards, Progress Authorization Act (as redesignated (ii) shall be capable of being linked with student academic achievement standards, as- by subsection (c)(1)) is amended— appropriate databases on service in the sessment specifications, and assessment (1) by redesignating paragraph (2) as para- Armed Forces and participation in the 21st questions, to ensure that such are competi- graph (3); and century workforce; and tive with rigorous national and international (2) by inserting after paragraph (1) the fol- (D) shall develop challenging— benchmarks; and lowing: (i) school readiness standards; ‘‘(3) to improve the instruction and aca- ‘‘(2) SECRETARY.—The term ‘Secretary’ (ii) curricula for elementary schools and demic achievement of students, beginning in means the Secretary of Education.’’. middle schools; and the early grades, to ensure that secondary (e) AUTHORIZATION OF APPROPRIATIONS.— (iii) 21st century curricula for secondary school graduates are well-prepared to enter— Section 306(a) of the National Assessment of schools.

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(2) DURATION.—The Secretary shall award (D) explain how the State and the council ments with national benchmarks reflected in grants under this section for a period of not will leverage additional State, local, and the National Assessment of Educational more than 5 years. other funds to pursue curricular alignment Progress in grades 4 and 8 (in accordance (3) EXISTING STATE COUNCIL.—A State with and student success. with the results of the alignment analysis an existing State council may qualify for the (e) USE OF FUNDS.— conducted under section 304 of the National purposes of a grant under this section if— (1) REQUIRED ACTIVITIES.—A State receiv- Assessment of Educational Progress Author- (A) such council— ing a grant under this section shall use the ization Act), and in other grades to ensure (i) has the authority to carry out this sec- grant funds to establish a council that shall the alignment of kindergarten through grade tion; and carry out the following: 12 standards or assessments with the revi- (ii) includes the members required under (A) Design and implement an integrated sions made in grades 4 and 8, or to align such subsection (b); or prekindergarten through grade 16 longitu- standards or assessments with the demands (B) the State amends the membership or dinal data system for the State, if such sys- of higher education, the 21st century work- responsibilities of the existing council to tem does not exist, that will allow the State force, or the Armed Forces or other national meet the requirements of subparagraph (A). to track the progress of students from pre- and international benchmarks identified by (b) COMPOSITION.— kindergarten, through grade 12, and into the council. Such plan may include— (1) REQUIRED MEMBERS.—The members of a higher education, the 21st century work- (i) an articulation of the steps necessary— council described in subsection (a) shall in- force, and the Armed Forces. The data sys- (I) for revising the State academic content clude— tem shall— standards and student academic achieve- (A) the Governor of the State or the des- (i) include— ment standards, assessment specifications, ignee of the Governor; (I) a unique statewide student identifier for and assessment questions for the identified (B) the chief executive officer of the State each student; subject; and public institution of higher education sys- (II) student-level enrollment, demographic, (II) to better align the standards and the tem, if such a position exists; and program participation information, in- assessment specifications and questions de- (C) the chief executive officer of the State cluding race or ethnicity, gender, and in- scribed in subclause (I) with— Higher Education Coordinating Board; come status; (aa) national benchmarks as reflected in (D) the chief State school officer; (III) the ability to match individual stu- the National Assessment of Educational (E) not less than 1 representative each dents’ test records from year to year to Progress required under section 303 of the from— measure academic growth; National Assessment of Educational (i) the business community; and (IV) information on untested students; Progress Authorization Act (20 U.S.C. 9622) (ii) the Armed Forces; (V) a teacher identifier system with the for the identified subject; or (F) a public elementary school teacher em- ability to match teachers to students; (bb) the demands of higher education, the ployed in the State; and (VI) student-level transcript information, 21st century workforce, or the Armed Forces (G) a public secondary school teacher em- including information on courses completed or other national or international bench- ployed in the State. and grades earned; marks identified by the council; (2) OPTIONAL MEMBERS.—The council de- (VII) student-level college preparedness ex- (ii) an articulation of the steps necessary scribed in subsection (a) may also include— amination scores; and the process the State will undertake to (A) a representative from— (VIII) student-level graduation and drop- revise standards or assessments, or both, in (i) a private institution of higher edu- out data; the identified subject; cation; (IX) the ability to match student records (iii) a description of the partners the State (ii) the Chamber of Commerce for the between the prekindergarten through grade will work with to revise standards or assess- State; 12 and the postsecondary systems; ments, or both; and (iii) a civic organization; (X) a State data audit system assessing (iv) a description of the activities the (iv) a civil rights organization; data quality, validity, and reliability; State will undertake to implement the re- (v) a community organization; or (XI) rates of student attendance at institu- vised standards or assessments, or both, at (vi) an organization with expertise in world tions of higher education; the State educational agency level and the cultures; (XII) rates of student enrollment and re- local educational agency level, which activi- (B) the State official responsible for eco- tention in the Armed Forces; and ties may include— nomic development, if such a position exists; (XIII) student nonmilitary postsecondary (I) preservice and in-service teacher, para- or employment information; professional, principal, and school adminis- (C) a dean or similar representative for a (ii) to the extent possible, coordinate with trator training; school of education at an institution of high- other relevant State databases, such as (II) statewide meetings to provide profes- er education or a similar teacher certifi- criminal justice or social services data sys- sional development opportunities for teach- cation or licensure program. tems; ers and administrators; (c) TIMELINE.—A State receiving a grant (iii) allow the State to analyze correla- (III) development of curricula and instruc- under this section shall establish a council tions between course-taking patterns in pre- tional methods and materials; (or use or amend an existing council in ac- kindergarten through grade 12 and outcomes (IV) the redesign of existing assessments, cordance with subsection (a)(3)) not later after secondary school graduation, includ- or the development or purchase of new high- than 60 days after the receipt of the grant. ing— quality assessments, with a focus on ensur- (d) APPLICATION.— (I) entry into higher education; ing that such assessments are rigorous, (1) IN GENERAL.—Each State desiring a (II) the need for, and cost of, remediation measure significant depth of knowledge, use grant under this section shall submit an ap- in higher education; multiple measures and formats (such as stu- plication to the Secretary at such time, in (III) graduation from higher education; dent portfolios), and are sensitive to inquiry- such manner, and accompanied by such in- (IV) entry into the 21st century workforce; based, project-based, or differentiated information as the Secretary may reasonably (V) entry into the Armed Forces; and struction; and require. (VI) to the extent possible through link- (V) other activities necessary for the effec- (2) CONTENTS.—Each application submitted ages with appropriate databases on service in tive implementation of the new State stand- under paragraph (1) shall— the Armed Forces and participation in the ards or assessments, or both. (A) demonstrate that the opinions of the 21st century workforce, persistence in the (D) Analyze the State’s level of prekinder- larger education, business, and military Armed Forces and continued participation in garten through grade 16 curricular align- community, including parents, students, the 21st century workforce; and ment and the success of the State’s edu- teachers, teacher educators, principals, (iv) ensure that the use of any available cation system in preparing students for high- school administrators, and business leaders, data does not allow for the public identifica- er education, the 21st century workforce, and will be represented during the determination tion of the individual student’s personally the Armed Forces by— of the State academic content standards and identifiable information, and that all data (i) using the data produced by a data sys- student academic achievement standards, as- shall be collected and maintained in accord- tem described in subparagraph (A) or (B), or sessment specifications, assessment ques- ance with section 444 of the General Edu- other information as appropriate; and tions, and the development of curricula, if cation Provisions Act (20 U.S.C. 1232g; com- (ii) exploring a possible agreement between applicable; monly referred to as the Family Educational the State educational agency and the higher (B) include a comprehensive plan to pro- Rights and Privacy Act of 1974). education system in the State on a common vide high-quality professional development (B) If an integrated prekindergarten assessment or assessments that— for teachers, paraprofessionals, principals, through grade 16 longitudinal data system (I) shall follow established guidelines to and school administrators; exists or is currently being built, ensure that guarantee reliability and validity; (C) explain how the State will provide as- it complies with the requirements described (II) shall provide adequate accommoda- sistance to local educational agencies in im- in subparagraph (A). tions for students who are limited English plementing rigorous State standards through (C) Develop and implement a plan to in- proficient and students with disabilities; and substantive curricula, including scientif- crease the rigor of standards or assessments (III) may be a placement examination, end ically based remediation and acceleration in reading, mathematics, or science in order of course examination, college, workforce, or opportunities for students; and to better align such standards or assess- Armed Forces preparedness examination, or

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.047 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5801 admissions examination, that measures sec- (iii) creating ties between elementary (II) in transitioning students from the pre- ondary students’ preparedness to succeed in schools and secondary schools, and institu- kindergarten through grade 12 education sys- postsecondary, credit-bearing courses. tions of higher education, to offer— tem into mathematics, science, engineering, (E) If the State has an officially designated (I) accelerated learning opportunities, par- technology, and critical-need foreign lan- college preparatory curriculum at the time ticularly with respect to mathematics, guage degree programs at institutions of the State applies for a grant under this sec- science, engineering, technology, and crit- higher education; tion— ical-need foreign languages (as determined (iii) an analysis of the quality and rigor of (i) describe the extent to which students by the Secretary under section 222) to sec- the State’s curriculum described in subpara- who completed the college preparatory cur- ondary school students, which may include— graph (E) or (F) of subsection (e)(1), and the riculum are more or less successful than (aa) granting postsecondary credit for sec- accessibility of the curriculum to all stu- other students, including students who did ondary school courses; dents in prekindergarten through grade 12; not complete a college preparatory cur- (bb) providing early enrollment opportuni- (iv) an analysis of the strengths and weak- riculum, in entering and graduating from a ties in postsecondary education for sec- nesses of the State in recruiting, retaining, program of study at an institution of higher ondary students enrolled in postsecondary- and supporting qualified teachers, includ- education or entering the 21st century work- level coursework; ing— force or the Armed Forces; (cc) creating dual enrollment programs; (I) whether the State needs to recruit addi- (ii) examine the extent to which the expec- (dd) creating satellite secondary school tional teachers at the secondary level for tations of the college preparatory cur- campuses on the campuses of institutions of specific subjects (such as mathematics, higher education; and riculum are aligned with the entry standards science, engineering and technology edu- (ee) providing opportunities for higher edu- of the State’s institutions of higher education, (as such term is defined in section cation faculty who are highly qualified, as cation, including whether such curriculum 9101 of the Elementary and Secondary Edu- such term is defined in section 9101 of the El- enables secondary school students to enter cation Act of 1965 (20 U.S.C. 7801), and crit- ementary and Secondary Education Act of credit-bearing coursework in higher edu- ical-need foreign languages (as determined 1965 (20 U.S.C. 7801), to teach credit-bearing cation without the need for remediation; and by the Secretary under section 222)), par- postsecondary courses in secondary schools; (iii) examine the extent to which the cur- ticular schools, or local educational agen- and riculum allows graduates to attain the skills cies; and (II) professional development activities for (II) recommendations on how to set and necessary to enter the 21st century work- teachers, which may include— force or the Armed Forces. achieve goals in this pursuit; and (aa) mentoring opportunities; and (v) a detailed action plan that describes (F) If the State has not designated a col- (bb) summer institutes; lege preparatory curriculum at the time the how the council will accomplish the goals (iv) expanding or creating higher education and tasks required by the grant under this State applied for a grant under this section, awareness programs for middle school and or if the curriculum described in subpara- section, including a timeline for accom- secondary school students; plishing all activities under the grant. graph (E) does not result in a higher number (v) expanding opportunities for students to (B) ANNUAL REPORTS.—Not later than 1 of students enrolling in and graduating from enroll in highly rigorous postsecondary pre- institutions of higher education or entering year following the submission of the initial paratory courses, such as Advanced Place- report described in subparagraph (A), and an- the 21st century workforce or the Armed ment and International Baccalaureate nually thereafter for the duration of the Forces, or is not aligned with the entry courses; and grant, a State receiving a grant under this standards described in subparagraph (E)(ii), (vi) developing a high-quality professional section shall prepare and submit to the Sec- develop a 21st century curriculum that— development curriculum to provide profes- retary a report that describes the State’s (i) may be adopted by the local educational sional development opportunities for para- progress in accomplishing the goals and agencies in the State for use in secondary professionals, teachers, principals, and ad- tasks required by the grant, including schools; ministrators. progress on each item described in subpara- (ii) enables secondary school students to (2) PLANNING AND IMPLEMENTATION.—A graph (A). The final annual report under this enter credit-bearing coursework in higher State receiving a grant under this section education without the need for remediation; may use grant funds received for the first fis- subparagraph shall be submitted 1 year after (iii) allows graduates to attain the skills cal year to form the council and plan the ac- the expiration of the grant. necessary to enter the 21st century work- tivities described in paragraph (1). Grant (2) PUBLICATION.—A State submitting a re- force or the Armed Forces; funds received for subsequent fiscal years port in accordance with this subsection shall (iv) reflects the input of teachers, prin- shall be used for the implementation of the publish and widely disseminate the report to cipals, school administrators, and college activities described in such paragraph. the public, including posting the report on faculty; and (f) REPORTS AND PUBLICATION.— the Internet. (v) focuses on providing rigorous core (1) REPORTS.— (g) AUTHORIZATION OF APPROPRIATIONS.— courses that reflect the State academic con- (A) INITIAL REPORT.—Not later than 9 There are authorized to be appropriated to tent standards and student academic months after a State receives a grant under carry out this section $200,000,000 for fiscal achievement standards. this section, the State shall submit a report year 2007, and such sums as may be necessary (G) Develop and make available specific to the Secretary that includes— for each of the 4 succeeding fiscal years. opportunities for extensive professional de- (i) an analysis of alignment and articula- SEC. 116. COLLABORATIVE STANDARDS AND AS- velopment for teachers, paraprofessionals, tion across the State’s systems of public edu- SESSMENTS GRANTS. principals, and school administrators, to im- cation for prekindergarten through grade 16, (a) DEFINITIONS.—In this section: prove instruction and support mechanisms including data that indicates the percent of (1) ELIGIBLE STATE.—The term ‘‘eligible for students using a curriculum described in students who— State’’ means a State that demonstrates subparagraph (E) or (F). (I) graduate from secondary school with a that it has analyzed and, where applicable, (H) Develop a plan to provide remediation regular diploma in the standard number of revised the State standards and assessments, and additional learning opportunities for years; through participation in a prekindergarten students below grade level to ensure that all (II) complete a curriculum described in through grade 16 student preparedness coun- students will have the opportunity to meet subparagraph (E) or (F) of subsection (e)(1); cil described in section 115 or through other the curricular standards of a curriculum de- (III) matriculate into an institution of State action, to ensure the standards and as- scribed in subparagraph (E) or (F). higher education (disaggregated by 2-year sessments— (I) Use data gathered by the council to im- and 4-year degree-granting programs); (A) are aligned with the demands of the prove instructional methods, better tailor (IV) are secondary school graduates who 21st century; and student support services, and serve as the need remediation in reading, writing, mathe- (B) prepare students for entry into— basis for all school reform initiatives. matics, or science before pursuing credit- (i) credit-bearing coursework in higher (J) Implement activities designed to en- bearing post-secondary courses in English, education without the need for remediation; sure the enrollment of all students in rig- mathematics, or science; (ii) the 21st century workforce; and orous coursework, which may include— (V) persist in an institution of higher edu- (iii) the Armed Forces (i) specifying the courses and performance cation into the second year; and (2) ELIGIBLE CONSORTIUM.— levels required for acceptance into public in- (VI) graduate from an institution of higher (A) IN GENERAL.—The term ‘‘eligible con- stitutions of higher education; education within 150 percent of the expected sortium’’ means a consortium of 2 or more (ii) collaborating with institutions of high- time for degree completion (within 3 years eligible States that agrees to allow the Sec- er education or other State educational for a 2-year degree program and within 6 retary, under subsection (e), to make avail- agencies to develop assessments aligned to years for a baccalaureate degree); able any assessment developed by the con- State academic content standards and a cur- (ii) an analysis of the strengths and weak- sortium under this section to a State that so riculum described in subparagraph (E) or (F), nesses of the State— requests, including a State that is not a which assessments may be used as measures (I) in transitioning students from the pre- member of the consortium. of student achievement in secondary school kindergarten through grade 12 education sys- (B) ADDITIONAL MEMBERS.—An eligible con- as well as for entrance or placement at insti- tem into higher education, the 21st century sortium may include, in addition to 2 or tutions of higher education; workforce, and the Armed Forces; and more eligible States, an entity with the

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EXCLUSION FROM GROSS INCOME OF authorized under subsection (f), the Sec- (b) HIGHER EDUCATION ACT OF 1965.—Sec- COMPENSATION OF TEACHERS AND retary shall award grants, on a competitive tion 103 of the Higher Education Act of 1965 PRINCIPALS IN CERTAIN HIGH-NEED basis, to eligible consortia to enable the eli- (20 U.S.C. 1003) is amended— SCHOOLS AND TEACHING HIGH- gible consortia to develop common standards (1) by redesignating paragraphs (5) through NEED SUBJECTS. and assessments that— (16) as paragraphs (6) through (17), respec- (a) IN GENERAL.—Part III of subchapter B (1) are highly rigorous, internationally tively; and of chapter 1 of the Internal Revenue Code of competitive, and aligned with the demands (2) by inserting after paragraph (4) the fol- 1986 is amended by inserting after section of higher education, the 21st century work- lowing: 139A the following new section: force, and the Armed Forces; and ‘‘(5) ENGINEERING AND TECHNOLOGY EDU- ‘‘SEC. 139B. COMPENSATION OF CERTAIN TEACH- (2) in the case of assessments, set rigorous CATION.—The term ‘engineering and tech- ERS AND PRINCIPALS. performance standards comparable to rig- nology education’ has the meaning given the ‘‘(a) PRINCIPALS IN HIGH-NEED SCHOOLS.—In orous national and international bench- term in section 9101 of the Elementary and the case of an individual employed as a prin- marks. Secondary Education Act of 1965.’’. cipal in a high-need school during the taxable year, gross income does not include so (c) APPLICATION.—An eligible consortium SEC. 123. EXPANDING TEACHER LOAN FORGIVE- desiring a grant under this section shall sub- NESS. much remuneration for such employment (which would but for this paragraph be in- mit an application to the Secretary at such (a) INCREASED AMOUNT; APPLICABILITY OF cludible in gross income) as does not exceed time, in such manner, and containing such EXPANDED PROGRAM TO READING SPE- $15,000. information as the Secretary may require. CIALIST.—Sections 428J(c)(3) and 460(c)(3) of (d) REPORT.—Not later than 90 days after the Higher Education Act of 1965 (20 U.S.C. ‘‘(b) TEACHERS IN HIGH-NEED SCHOOLS AND the end of the grant period, an eligible con- 1078–10(c)(3), 1087j(c)(3)) are each amended— OF HIGH-NEED SUBJECTS.— sortium receiving a grant under this section (1) by striking the paragraph heading and ‘‘(1) IN GENERAL.—In the case of an indi- shall prepare and submit a report to the Sec- vidual employed as a teacher of high-need inserting ‘‘ADDITIONAL AMOUNTS FOR TEACH- retary describing the grant activities. subjects and in a high-need school during the ERS IN MATHEMATICS, SCIENCE, ENGINEERING (e) AVAILABILITY OF ASSESSMENTS.—The taxable year, gross income does not include AND TECHNOLOGY EDUCATION, A CRITICAL-NEED Secretary shall— so much remuneration for such employment FOREIGN LANGUAGE, OR SPECIAL EDUCATION’’; (1) make available, to a State that so re- (2) in the matter preceding subparagraph (which would but for this paragraph be in- quests and at no charge to the State, any (A), by striking ‘‘$17,500’’ and inserting cludible in gross income) as does not exceed rigorous, high-quality assessment developed ‘‘$23,000’’; and $15,000. by an eligible consortium under this section; (3) in subparagraph (A)(ii), by striking ‘‘or ‘‘(2) TEACHER OF HIGH-NEED SUBJECTS.—For and science’’ and all that follows through ‘‘; and’’ purposes of this subsection, the term ‘teach- (2) notify potential eligible States, at rea- and inserting ‘‘, science, engineering and er of high-need subjects’ means any teacher sonable intervals, of all assessments cur- technology education, or a critical-need for- in a public elementary or secondary school rently under development by eligible con- eign language (as determined by the Sec- who— sortia under this section. retary under section 222 of the New National ‘‘(A)(i) teaches primarily 1 or more high- (f) AUTHORIZATION OF APPROPRIATIONS.— Defense Education Act of 2006), on a full- need subjects in 1 or more of grades 9 There are authorized to be appropriated to time basis; and’’. through 12, or carry out this section $75,000,000 for fiscal ‘‘(ii) teaches 1 or more high-need subjects (b) ANNUAL INCREMENTS INSTEAD OF END OF year 2007 and such sums as are necessary for in 1 or more of grades kindergarten through SERVICE LUMP SUMS.— each of the 4 succeeding fiscal years. 8, (1) FFEL LOANS.—Section 428J(c) of the Subtitle B—Investing in Teachers Higher Education Act of 1965 (20 U.S.C. 1078– ‘‘(B) received a baccalaureate or similar degree from an eligible educational institu- SEC. 121. PURPOSE. 10(c)) is amended by adding at the end the The purpose of this subtitle is to increase following: tion (as defined in section 25A(f)(2)) with a major in a high-need subject, and the number and quality of teachers of math- ‘‘(4) ANNUAL INCREMENTS.—Notwith- ematics, science, engineering and technology standing paragraph (1), in the case of an indi- ‘‘(C) is highly qualified (as defined in sec- education, and critical-need foreign lan- vidual qualifying for loan forgiveness under tion 9101 of the Elementary and Secondary guages, in order to prepare students for paragraph (3), the Secretary shall, in lieu of Education Act of 1965 or, in the case of a spe- entry into credit-bearing courses in higher waiting to assume an obligation only upon cial education teacher, in section 602 of the education without the need for remediation, completion of 5 complete years of service, as- Individuals with Disabilities Education Act). IGH-NEED SUBJECTS.—For purposes of the 21st century workforce, and the Armed sume the obligation to repay— ‘‘(3) H this subsection, the term ‘high-need subject’ Forces. ‘‘(A) after each of the first and second means mathematics, science, engineering years of service by an individual in a posi- SEC. 122. DEFINITION OF ENGINEERING AND and technology education, a critical-need TECHNOLOGY EDUCATION. tion qualifying under paragraph (3), 15 per- foreign language (as determined by the Sec- (a) ELEMENTARY AND SECONDARY EDUCATION cent of the total amount of principal and in- retary of Education under section 222 of the ACT OF 1965.—Section 9101 of the Elementary terest of the loans described in paragraph (1) New National Defense Education Act of 2006), and Secondary Education Act of 1965 (20 to such individual that are outstanding im- special education, teaching English language U.S.C. 7801) is amended— mediately preceding such first year of such learners, or any other subject identified as a (1) by redesignating paragraphs (19) service; high-need subject by the Secretary of Edu- through (43) as paragraphs (20) through (44), ‘‘(B) after each of the third and fourth cation for purposes of this section. respectively; and years of such service, 20 percent of such total ‘‘(c) LIMITATION ON TOTAL REMUNERATION (2) by inserting after paragraph (18) the fol- amount; and TAKEN INTO ACCOUNT.—In the case of any in- lowing: ‘‘(C) after the fifth year of such service, 30 dividual whose employment is described in ‘‘(19) ENGINEERING AND TECHNOLOGY EDU- percent of such total amount.’’. subsections (a) and (b)(1), the total amount CATION.—The term ‘engineering and tech- (2) DIRECT LOANS.—Section 460(c) of the of remuneration which may be taken into ac- nology education’ means a curriculum and Higher Education Act of 1965 (20 U.S.C. count with respect to such employment instruction that— 1087j(c)) is amended by adding at the end the under this section for the taxable year shall ‘‘(A) uses technology as a knowledge base following: not exceed $25,000. or as a way of teaching innovation using an ‘‘(4) ANNUAL INCREMENTS.—Notwith- ‘‘(d) HIGH-NEED SCHOOL.—For purposes of engineering design process and context; standing paragraph (1), in the case of an indi- this section, the term ‘high-need school’ ‘‘(B) develops an appreciation and funda- vidual qualifying for loan cancellation under means a public elementary school or sec- mental understanding of technology through paragraph (3), the Secretary shall, in lieu of ondary school that is eligible for assistance design skills and the use of materials, tools, waiting to assume an obligation only upon under section 1114(a) of the Elementary and processes, and limited resources; completion of 5 complete years of service, as- Secondary Education Act of 1965 (20 U.S.C. ‘‘(C) is taught in conjunction with applied sume the obligation to repay— 6314(a)).’’. mathematics, science, language arts, fine ‘‘(A) after each of the first and second (b) CLERICAL AMENDMENT.—The table of arts, and social studies as a part of a com- years of service by an individual in a posi- sections of such part is amended by inserting prehensive education; tion qualifying under paragraph (3), 15 per- after the item relating to section 139A the ‘‘(D) applies the use of tools and skills em- cent of the total amount of principal and in- following new item: ployed by a globalized skilled 21st century terest of the loans described in paragraph (1) workforce that are necessary for commu- to such individual that are outstanding im- ‘‘Sec. 139B. Compensation of certain nication, manufacturing, construction, en- mediately preceding such first year of such teachers and principals’’. ergy systems, biomedical systems, transpor- service; (c) EFFECTIVE DATE.—The amendments tation systems, and other related fields; and ‘‘(B) after each of the third and fourth made by this section shall apply to remu- ‘‘(E) through the application of engineer- years of such service, 20 percent of such total neration received in taxable years beginning ing principles and concepts, develops pro- amount; and after the date of the enactment of this Act.

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.048 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5803 SEC. 125. MATHEMATICS AND SCIENCE EDU- teach in high-need schools (as defined in sec- to pay to each eligible student (defined in ac- CATION PARTNERSHIPS AND TEACH- tion 1114(a) of the Elementary and Secondary cordance with section 484) who files an appli- ER INSTITUTES FOR THE 21ST CEN- Education Act of 1965); cation and agreement in accordance with TURY THROUGH THE NATIONAL ‘‘(iv) focus on the theme and structure de- section 233, and qualifies under subsection SCIENCE FOUNDATION. veloped by the Director under subparagraph (a)(2) of such section, a TEACH Grant in the (a) AUTHORIZATION OF APPROPRIATIONS.— (C); amount of $7,000 for each academic year dur- (1) SENSE OF THE SENATE.—It is the sense of ing which that student is in attendance at an the Senate that— ‘‘(v) be content-based and build on school institution of higher education. (A) the activities of the mathematics and year curricula that are object-centered, ex- ‘‘(2) REFERENCE.—Grants made under this science education partnerships of the Na- periment-oriented, content-based, and part shall be known as ‘Teacher Education tional Science Foundation, described in sec- grounded in current research; Assistance for College and Higher Education tion 9 of the National Science Foundation ‘‘(vi) ensure that any pedagogy component is designed around specific strategies that Grants’ or ‘TEACH Grants’. Authorization Act of 2002, meet a distinct ‘‘(b) PAYMENT METHODOLOGY.— need separate from other Federal invest- are relevant to teaching the subject and content on which teachers are being trained, ‘‘(1) PREPAYMENT.—Not less than 85 per- ments in improving science, technology, en- cent of such sums shall be advanced to eligi- gineering, and mathematics education; which may include training teachers in the essential components of adolescent literacy ble institutions prior to the start of each (B) funding for the mathematics and payment period and shall be based upon an science education partnerships for fiscal instruction in order to improve student reading skills within the subject areas of mathe- amount requested by the institution as need- year 2007 should be increased to the ed to pay eligible students until such time as $400,000,000 level authorized for fiscal year matics, science, and engineering and technology education (as defined in section 9101 the Secretary determines and publishes in 2005 under section 5 of such Act, and in- the Federal Register with an opportunity for creased by 10 percent annually for each of of the Elementary and Secondary Education Act of 1965); comment, an alternative payment system the fiscal years 2008 through 2011; and that provides payments to institutions in an (C) the increase in funding for the mathe- ‘‘(vii) be a multiyear program that is conducted for a period of not less than 2 weeks accurate and timely manner, except that matics and science education partnerships this sentence shall not be construed to limit should be in addition to any other amounts per year; ‘‘(viii) provide for direct interaction be- the authority of the Secretary to place an authorized or appropriated for the National institution on a reimbursement system of Science Foundation. tween students and faculty of the teacher institute; payment. (2) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(2) DIRECT PAYMENT.—Nothing in this sec- ‘‘(ix) have a component that includes the NSF MATHEMATICS AND SCIENCE EDUCATION tion shall be interpreted to prohibit the Sec- use of the Internet; PARTNERSHIPS.—There is authorized to be ap- retary from paying directly to students, in ‘‘(x) provide for followup training in the propriated to the National Science Founda- advance of the beginning of the academic classroom during the academic year for a pe- tion for education and human resources to term, an amount for which they are eligible, riod of not less than 3 days, which may or carry out the mathematics and science edu- in cases where the eligible institution elects may not be consecutive, for participants in cation partnerships described in section 9 of not to participate in the disbursement sys- the teacher institute, except that for teach- the National Science Foundation Authoriza- tem required by paragraph (1). ers in rural local educational agencies, the tion Act of 2002, in addition to the amounts ‘‘(3) DISTRIBUTION OF GRANTS TO STU- followup training may be provided through authorized under section 214(b), amounts as DENTS.—Payments under this part shall be the Internet; follows: made, in accordance with regulations pro- ‘‘(xi) provide teachers participating in the (A) For fiscal year 2007, $400,000,000, of mulgated by the Secretary for such purpose, teacher institute with travel expense reim- which $50,000,000 shall be for the teacher in- in such manner as will best accomplish the bursement, stipends, and classroom mate- stitutes for the 21st century under section purposes of this part. Any disbursement al- rials related to the teacher institute; and 9(a)(3)(B) of the National Science Foundation lowed to be made by crediting the student’s ‘‘(xii) establish a mechanism to provide Authorization Act of 2002. account shall be limited to tuition and fees supplemental support during the academic (B) For fiscal year 2008, $440,000,000, of and, in the case of institutionally owned year for teacher institute participants. which $60,000,000 shall be for the teacher in- housing, room and board. The student may ‘‘(B) OPTIONAL MEMBERS OF THE PARTNER- stitutes for the 21st century under such sec- elect to have the institution provide other SHIP.—In addition to the partnership require- tion. such goods and services by crediting the stu- ment under paragraph (2), an institution of (C) For fiscal year 2009, $484,000,000, of dent’s account. higher education or eligible nonprofit orga- which $70,000,000 shall be for the teacher in- ‘‘(c) REDUCTIONS IN AMOUNT.— nization (or consortia) desiring a grant for a stitutes for the 21st century under such sec- ‘‘(1) PART-TIME STUDENTS.—In any case tion. teacher institute for the 21st century may where a student attends an institution of (D) For fiscal year 2010, $532,400,000, of also partner with a museum or educational higher education on less than a full-time which 80,000,000 shall be for the teacher insti- partnership organization. basis (including a student who attends an in- tutes for the 21st century under such section. ‘‘(C) THEME AND STRUCTURE.—Each year, stitution of higher education on less than a (E) For fiscal year 2011, $585,640,000, of not later than 180 days before the application half-time basis) during any academic year, which $90,000,000 shall be for the teacher in- deadline for a grant under this section, the the amount of the TEACH Grant for which stitutes for the 21st century under such sec- Director shall, in consultation with a broad that student is eligible shall be reduced in tion. group of professional education organiza- proportion to the degree to which that stu- (b) TEACHER INSTITUTES FOR THE 21ST CEN- tions, develop a theme and structure for the dent is not so attending on a full-time basis, TURY.—Section 9(a) of the National Science teacher institutes of the 21st century sup- in accordance with a schedule of reductions Foundation Authorization Act of 2002 (42 ported under paragraph (3)(B).’’. established by the Secretary for the purpose U.S.C. 1862n(a)) is amended— SEC. 126. TEACH GRANTS; RECRUITING TEACH- of this part, computed in accordance with (1) in paragraph (3)(B), by striking ‘‘sum- ERS WITH MATHEMATICS, SCIENCE, this part. Such schedule of reductions shall mer or’’ and inserting ‘‘teacher institutes for ENGINEERING, TECHNOLOGY, OR LANGUAGE MAJORS. be established by regulation and published in the 21st century, as described in paragraph the Federal Register in accordance with sec- (a) TEACH GRANTS.—Title II of the Higher (7)’’; Education Act of 1965 (20 U.S.C. 1021 et seq.) tion 482 of this Act. (2) by redesignating paragraph (7) as para- is amended by adding at the end the fol- ‘‘(2) NO EXCEEDING COST OF ATTENDANCE.— graph (8); and lowing: No TEACH Grant for a student under this (3) by inserting after paragraph (6) the fol- part shall exceed the cost of attendance (as lowing: ‘‘PART C—TEACH GRANTS defined in section 472) at the institution that ‘‘(7) TEACHER INSTITUTES FOR THE 21ST CEN- ‘‘SEC. 231. PURPOSES. such student attends. If, with respect to any TURY.— ‘‘The purposes of this part are— student, it is determined that the amount of ‘‘(A) IN GENERAL.—Teacher institutes for ‘‘(1) to improve student academic achieve- a TEACH Grant exceeds the cost of attend- the 21st century carried out in accordance ment; ance for that year, the amount of the TEACH with paragraph (3)(B) shall— ‘‘(2) to help recruit and prepare teachers to Grant shall be reduced until the TEACH ‘‘(i) be carried out in conjunction with a meet the national demand for a highly quali- Grant does not exceed the cost of attendance school served by the local educational agen- fied teacher in every classroom; and at such institution. cy in the partnership; ‘‘(3) to increase opportunities for Ameri- ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— ‘‘(ii) be science, mathematics, engineering, cans of all educational, ethnic, class, and ge- ‘‘(1) UNDERGRADUATE STUDENTS.—The pe- and technology focused institutes that pro- ographic backgrounds to become highly riod during which an undergraduate student vide professional development to elementary qualified teachers. may receive TEACH Grants shall be the pe- school and secondary school teachers during ‘‘SEC. 232. PROGRAM ESTABLISHED. riod required for the completion of the first the summer; ‘‘(a) PROGRAM AUTHORITY.— undergraduate baccalaureate course of study ‘‘(iii) serve teachers who are considered ‘‘(1) PAYMENTS REQUIRED.—For each of the being pursued by the student at the institu- highly qualified (as defined in section 9101 of fiscal years 2007 through 2014, the Secretary tion that the student attends, except that— the Elementary and Secondary Education shall pay to each eligible institution of high- ‘‘(A) any period during which the student Act of 1965), teach high-need subjects, and er education such sums as may be necessary is enrolled in a noncredit or remedial course

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.048 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5804 CONGRESSIONAL RECORD — SENATE June 13, 2006 of study, subject to paragraph (3), shall not cation, English language acquisition, or an- English language to students with limited be counted for the purpose of this paragraph; other high-need subject; or English proficiency. and ‘‘(ii) the applicant is or was a teacher who ‘‘(2) PRIORITY.—In awarding grants under ‘‘(B) the total amount that a student may is using high-quality alternative certifi- paragraph (1), the Secretary shall give pri- receive under this part for undergraduate cation routes, such as Teach for America, to ority to institutions of higher education of- study shall not exceed $28,000. get certified. fering programs that— ‘‘(2) GRADUATE STUDENTS.—The period dur- ‘‘(b) AGREEMENTS TO SERVE.—Each applica- ‘‘(A) focus on preparing teachers in sub- ing which a graduate student pursuing a tion under subsection (a) shall contain or be jects in which there is a shortage of highly master’s degree or doctoral degree may re- accompanied by an agreement by the appli- qualified teachers and increasing the number ceive TEACH Grants shall be the period re- cant that— of teachers from minority or underrep- quired for the completion of a course of ‘‘(1) the applicant will— resented groups; and study for the degree at the institution the ‘‘(A) serve as a full-time teacher for a total ‘‘(B) prepare students to teach in high-need student attends, except that the total of not less than 4 academic years within 8 schools. amount that a student may receive under years after completing the course of study ‘‘(c) APPLICATION.—Any institution of high- this part for graduate study shall not exceed for which the applicant receives a TEACH er education desiring to obtain a grant under $14,000 for a student pursuing a master’s de- Grant under this part; this section shall submit to the Secretary an gree or $28,000 for a student pursuing a doc- ‘‘(B) teach— application at such time, in such form, and toral degree. ‘‘(i) in a school eligible for assistance containing such information and assurances as the Secretary may require, which shall— ‘‘(3) REMEDIAL COURSE; STUDY ABROAD.— under section 1114(a) of the Elementary and Nothing in this section shall exclude from Secondary Education Act of 1965; and ‘‘(1) include reporting on baseline produc- eligibility a course of study that is noncredit ‘‘(ii) in any of the following fields: mathe- tion of teachers— or remedial in nature (including a course in matics, science, engineering and technology ‘‘(A) with expertise in mathematics, English language acquisition) if such course education, a critical-need foreign language science, a critical-need foreign language, is determined by the institution to be nec- (as determined by the Secretary under sec- special education, or teaching students with limited English proficiency; essary to help the student be prepared for tion 222 of the New National Defense Edu- ‘‘(B) from minorities or underrepresented the pursuit of a first undergraduate bacca- cation Act of 2006), bilingual education, or groups; and laureate degree or certificate or, in the case special education, or as a reading specialist, ‘‘(C) who teach for 5 years or more in a of courses in English language instruction, or another field documented as high-need by high-need school; and to be necessary to enable the student to uti- the Federal Government, State government, ‘‘(2) establish a goal and timeline for in- lize existing knowledge, training, or skills. or local educational agency and submitted to creasing the number of teachers described in Nothing in this section shall exclude from the Secretary; each subparagraph of paragraph (1) who are eligibility a program of study abroad that is ‘‘(C) submit evidence of such employment prepared for teaching by the institution. approved for credit by the home institution in the form of a certification by the chief ad- ‘‘(d) GRANT AWARD AMOUNTS.—In deter- ministrative officer of the school upon com- at which the student is enrolled. mining the amount of a grant award under pletion of each year of such service; and ‘‘SEC. 233. ELIGIBILITY AND APPLICATIONS FOR this section to an institution of higher edu- ‘‘(D) comply with the requirements for GRANTS. cation, the Secretary shall consider— being a highly qualified teacher as defined in ‘‘(a) APPLICATIONS; DEMONSTRATION OF ELI- ‘‘(1) the extent to which the institution— section 9101 of the Elementary and Sec- GIBILITY.— ‘‘(A) focuses on preparing teachers in sub- ondary Education Act of 1965 or, in the case ‘‘(1) FILING REQUIRED.—The Secretary shall jects in which there is a shortage of highly of a special education teacher, in section 602 from time to time set dates by which stu- qualified teachers and increasing the number of the Individuals With Disabilities Edu- dents shall file applications for TEACH of teachers from minority or underrep- cation Act; and Grants under this part. Each student desir- resented groups; and ‘‘(2) in the event that the applicant is de- ing a TEACH Grant for any year shall file an ‘‘(B) prepares students to teach in high- termined to have failed or refused to carry application therefore containing such infor- need schools; and out such service obligation, the sum of the mation and assurances as the Secretary may ‘‘(2) in the case of an institution that has amounts of such TEACH Grants will be deem necessary to enable the Secretary to previously received a grant under this sec- treated as a loan and collected from the ap- carry out the functions and responsibilities tion, the progress made by the institution in plicant in accordance with subsection (c) and of this part. increasing the number of teachers described the regulations thereunder. ‘‘(2) DEMONSTRATION OF ELIGIBILITY.—Each in subsection (c)(1), as compared to the base- ‘‘(c) REPAYMENT FOR FAILURE TO COMPLETE such application shall contain such informa- line production of such teachers reported in SERVICE.—In the event that any recipient of tion as is necessary to demonstrate that— the institution’s initial application. a TEACH Grant fails or refuses to comply ‘‘(A) if the applicant is an enrolled stu- ‘‘(e) USE OF FUNDS.—Funds made available dent— with the service obligation in the agreement by a grant under this section— ‘‘(i) the student is an eligible student for under subsection (b), the sum of the amounts ‘‘(1) shall be used to create new recruit- purposes of section 484 (other than sub- of such TEACH Grants provided to such re- ment incentives to teaching for students section (r) of such section); cipient shall be treated as a Direct Loan from other majors, with an emphasis on ‘‘(ii) the student— under part D of title IV, and shall be subject high-need subjects such as mathematics, ‘‘(I) has a grade point average that is de- to repayment in accordance with terms and science, engineering and technology edu- termined, under standards prescribed by the conditions specified by the Secretary in reg- cation, a critical-need foreign language, spe- Secretary, to be comparable to a 3.25 average ulations promulgated to carry out this part. cial education, and teaching the English lan- on a zero to 4.0 scale, except that, if the stu- ‘‘SEC. 234. AUTHORIZATION OF APPROPRIATIONS. guage to students with limited English pro- dent is in the first year of a program of un- ‘‘There are authorized to be appropriated ficiency and other subjects identified as dergraduate education, such grade point av- to carry out this part $600,000,000 for fiscal high-need by the Federal Government, State erage shall be determined on the basis of the year 2007 and such sums as may be necessary government, or local educational agency; student’s cumulative secondary school grade for each of the 4 succeeding fiscal years. ‘‘(2) may be used to upgrade the cur- point average; or ‘‘PART D—RECRUITING TEACHERS WITH riculum in order to provide all students ‘‘(II) displayed high academic aptitude by MATHEMATICS, SCIENCE, ENGINEER- studying to become teachers with high-qual- receiving a score above the 75th percentile ING, TECHNOLOGY, OR LANGUAGE MA- ity instructional strategies for teaching on at least 1 of the batteries in an under- JORS reading and teaching the English language graduate or graduate school admissions test; ‘‘SEC. 241. PROGRAM AUTHORIZED. to students with limited English proficiency, and ‘‘(a) DEFINITION OF HIGH-NEED SCHOOL.—In and for modifying instruction to teach stu- ‘‘(iii) the student is completing coursework this section, the term ‘high-need school’ dents with special needs; and other requirements necessary to begin a means a school described in section 1114(a) of ‘‘(3) may be used to integrate school of career in teaching, or plans to complete such the Elementary and Secondary Education education faculty with other arts and coursework and requirements prior to grad- Act of 1965. science faculty in mathematics, science, en- uating; or ‘‘(b) GRANTS AUTHORIZED.— gineering, technology, a critical-need foreign ‘‘(B) if the applicant is a current or pro- ‘‘(1) IN GENERAL.—From the amounts ap- language, or teaching the English language spective teacher applying for a grant to ob- propriated under section 242, the Secretary to students with limited English proficiency, tain a graduate degree— shall make competitive grants to institu- through steps such as— ‘‘(i) the applicant is a teacher or a retiree tions of higher education to improve the ‘‘(A) dual appointments for faculty be- from another occupation with expertise in a availability and recruitment of teachers tween schools of education and schools of field in which there is a shortage of teachers, from among students majoring in mathe- arts and science or engineering; and such as mathematics, science, engineering matics, science, engineering, technology, a ‘‘(B) integrating coursework with clinical and technology education, a critical-need critical-need foreign language (as deter- experience; foreign language (as determined by the Sec- mined by the Secretary under section 222 of ‘‘(4) may be used to develop strategic plans retary under section 222 of the New National the New National Defense Education Act of between schools of education and local edu- Defense Education Act of 2006), special edu- 2006), special education, or teaching the cational agencies to better prepare teachers

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.048 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5805 for high-need schools, including the creation under subsection (e), in order to assist the 2- or 4-year degree-granting institutions of of professional development partnerships for States in awarding contract for educational higher education that are greater than the training new teachers in state-of-the-art opportunity grants (referred to in this sec- Consumer Price Index. practice; tion as ‘‘CEO grants’’), under subsection (g) (J) An assurance that the State shall ‘‘(5) may be used to create pilot programs to students in a cohort who sign a contract maintain current levels of investment in to foster collaborations at the institution of for educational opportunity in grade 8 and State student aid programs in addition to higher education between a school of satisfy the requirements of the contract. A providing the non-Federal share required science, mathematics, or engineering, or a CEO grant shall provide each such student under subsection (e)(4). foreign language department or language with a need-based financial aid guarantee, in (e) PAYMENTS; USE OF FUNDS.— center, and a school of education in order to an amount equal to the student’s calculated (1) IN GENERAL.—The Secretary shall pay unmet need to attend a 2- or 4-year degree- enable the collaborating entities to develop the Federal share of the CEO grants pro- granting public institution of higher edu- a 4-year program of study that would com- gram, in the amount described in paragraph cation in the State, to enable the student to bine a baccalaureate degree in mathematics, (4), to each State that submits a complete attend a 2- or 4-year degree-granting public science, engineering, or technology with con- application pursuant to subsection (d). current teacher certification or licensure; or private institution of higher education in the State. (2) USE OF FUNDS.—The Federal share and and non-Federal share described in paragraph (4) (2) MANDATORY SPENDING.—This subsection ‘‘(6) may be used to develop and implement shall be used exclusively for awarding finan- a master’s degree program for current math- constitutes budget authority in advance of appropriations Acts and represents the obli- cial aid grants to cover the unmet need for ematics, science, or engineering and tech- all students in a cohort who have success- nology education teachers that— gation of the Secretary to provide for the payment of amounts provided under this sub- fully met the components of the State’s con- ‘‘(A) will strengthen the participating tract, except that a State may use not more teachers’ subject area knowledge and peda- section. (d) APPLICATION.— than 2 percent of such funds for administra- gogical skills; and tive purposes. ‘‘(B) shall be designed to allow a teacher to (1) IN GENERAL.—A State desiring a pay- (3) SUBSEQUENT PAYMENTS.— enroll in the program on a part-time basis ment under subsection (c) shall submit, (A) IN GENERAL.—The Secretary shall make and obtain a master’s degree within a 2-year through the State agency identified in the application, to the Secretary an application subsequent annual payments for future co- period. horts to States, in accordance with para- ‘‘(f) REPORTS.—For each year that an insti- at such time, in such manner, and con- graph (4), that receive a payment under this tution of higher education receives a grant taining such information as the Secretary section and that are not determined to be in- under this section, the institution of higher may require. eligible under subparagraph (B). education shall prepare and submit to the (2) APPLICATION.—An application sub- (B) INELIGIBILITY.— Secretary an annual report documenting the mitted under paragraph (1) shall include the (i) IN GENERAL.—Except as provided in baseline data regarding the teachers de- following: clause (ii), the Secretary shall determine a scribed in subsection (c)(1) and the progress (A) A description of how the State will establish a State benchmark for increasing the State to be temporarily ineligible to receive made toward increasing the number of such overall public school secondary school grad- a payment under subparagraph (A) if— teachers, as described in subsection (c)(2). uation rate and the enrollment, persistence, (I) the State fails to submit an annual re- ‘‘SEC. 242. AUTHORIZATION OF APPROPRIATIONS. and graduation rates at the State’s 2- and 4- port pursuant to subsection (h); or ‘‘There are authorized to be appropriated year degree-granting public and private in- (II) the Secretary determines, based on in- to carry out this part $500,000,000 for fiscal stitutions of higher education, as well as a formation submitted in the annual report year 2007 and such sums as may be necessary description of strategies and activities the submitted under subsection (h), that— for each of the 4 succeeding fiscal years.’’. State will employ to achieve the State’s set (aa) the State is not effectively meeting (b) PART A AUTHORIZATION.—Section 210 of goals as reflected in the benchmark. the terms and goals of the application; or the Higher Education Act of 1965 (20 U.S.C. (B) The identification of the State agency (bb) that the State is not making satisfac- 1030) is amended by striking ‘‘$300,000,000 for that will administer the CEO grants pro- tory progress toward the benchmark set fiscal year 1999’’ and inserting ‘‘$400,000,000 gram, and a description of the State agency’s forth in subsection (d)(2)(A). for fiscal year 2007’’. capacity to administer such program. (ii) INELIGIBILITY NOT TO AFFECT CERTAIN Subtitle C—Ensuring College Access for All (C) A description of the entities that will COHORTS.—A determination of ineligibility to SEC. 131. CONTRACT FOR EDUCATIONAL OPPOR- contribute funds for the non-Federal share of receive subsequent payments for future co- TUNITY (CEO) GRANTS. the CEO grants program. horts under clause (i) with respect to a State (a) DEFINITIONS.—In this section: (D) A description of the State’s academic shall not apply to payments for students in (1) COHORT.—The term ‘‘cohort’’ means a and nonacademic components of the contract a cohort in the State who are in grade 8, 9, group of students in a State who are in the for educational opportunity, including 100 10, 11, or 12 at the time of the determination. same grade for an identified school year. hours of community service, and how the (iii) REINSTATEMENT.—If the Secretary de- (2) EXPECTED FAMILY CONTRIBUTION.—The State defines satisfactory academic progress termines a State is ineligible under clause term ‘‘expected family contribution’’, with toward completing coursework that leads to (i), the Secretary may enter into an agree- respect to a student, means the student’s ex- a secondary school diploma. ment with the State setting forth the terms pected family contribution as determined in (E) A description of how the State agency and conditions under which the State may accordance with part F of the Higher Edu- will provide access for all students to a State regain eligibility to receive payments under cation Act of 1965 (20 U.S.C. 1087kk et seq.). curriculum that prepares the students to this section. (3) UNMET NEED.—The term ‘‘unmet need’’, enter into credit-bearing coursework in high- (4) MATCHING REQUIREMENT.—The amount with respect to a student, means the dif- er education without the need for remedi- of the Federal share under this section for an ference between the cost of attendance (as ation, the 21st century workforce, or the academic year shall be equal to the amount defined in section 472 of the Higher Edu- Armed Forces. of the non-Federal share provided by the cation Act of 1965 (20 U.S.C. 108711) to attend (F) A description of how the State agency State for such year. The sum of the Federal an institution of higher education for an aca- will notify students in grade 7 of their eligi- share and the non-Federal share for an academic year and the resources available to bility to participate in the CEO grants pro- demic year shall be an amount equal to the the student for such academic year, includ- gram and earn a CEO grant, as well as how total unmet need, for the academic year, to ing Federal, State, and institutional finan- the State will specifically target students attend a 2- or 4-year degree-granting public cial assistance and the student’s expected from low-income and underrepresented mi- institution of higher education in the State, family contribution. nority families. for all students in an identified cohort that (b) PURPOSES.—The purposes of this section (G) A description of how the State agency complete all eligibility requirements of a are— will regularly communicate with a cohort contract for educational opportunity. (1) to encourage States to provide a finan- from the time the students sign the contract (f) REALLOTMENT OR REDISTRIBUTION OF cial aid guarantee for low-income students; for educational opportunity through the pe- FUNDS.—If funds remain for a cohort for 6 (2) to increase student academic perform- riod that the students are eligible for CEO years after the cohort has graduated from ance and achievement; grants. secondary school, the State shall return ex- (3) to increase public school secondary (H) An assurance that the State will award cess Federal funds to the Secretary. Any re- school graduation rates as well as enroll- a CEO grant, in the amount of the student’s turned excess funds shall be used by the Sec- ment, persistence, and graduation rates in calculated unmet need to attend a 2- or 4- retary to carry out the program under this public and private institutions of higher edu- year degree-granting public institution of section. cation, especially among low-income and higher education in the State, to each stu- underrepresented minority students; and dent who successfully meets the require- (g) CEO GRANTS.— (4) to improve the overall quality and sup- ments of the contract for educational oppor- (1) IN GENERAL.—A State receiving a pay- ply of a State’s workforce. tunity. ment under subsection (c) for a cohort shall (c) PAYMENTS TO STATES AUTHORIZED.— (I) An assurance that decisions regarding provide, in the amount determined under (1) IN GENERAL.—The Secretary shall pay the State’s higher education budget shall not paragraph (3), a CEO grant to each student in to States the Federal share, as determined lead to increases in tuition and fees at public the cohort who—

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GRANTS FOR STRENGTHENING MATH- not later than 2 years after receiving a sec- student who meets the requirements of this EMATICS, SCIENCE, AND ENGINEER- ondary school diploma. subsection shall be eligible to receive a CEO ING AND TECHNOLOGY EDUCATION (2) CONTRACTS FOR EDUCATIONAL OPPOR- grant for each year that the student is en- INFRASTRUCTURE. TUNITY.— rolled in a 2- or 4-year degree-granting insti- ‘‘(a) PURPOSE.—The purpose of this section (A) IN GENERAL.—A student who is in a co- tution of higher education in the State, ex- is to improve mathematics, science, and en- hort for which a State is eligible for pay- cept that no student shall receive a total of gineering and technology education infra- ments under subsection (c) and who desires more than 4 CEO grants. structure in public elementary schools and to receive a CEO grant shall sign a contract (5) INELIGIBILITY.—A student who other- secondary schools to facilitate improved for educational opportunity when the stu- wise meets the requirements for a CEO grant educational opportunities for all students. ‘‘(b) DEFINITION OF HIGH-NEED.—In this sec- dent begins grade 8 stating that the student shall be ineligible if the student fails to tion, the term ‘high-need’, when used with will carry out all of the following by the maintain an acceptable level of academic respect to a school, means a public elemen- time the student graduates from secondary standing, as determined by the institution of tary school or secondary school that is eligi- school: higher education that the student attends, ble for assistance under section 1114(a) of the (i) Receive a secondary school diploma. or is dismissed from the institution of higher education for disciplinary reasons. Elementary and Secondary Education Act of (ii) By the beginning of grade 11 (except as 1965. provided in subparagraph (B)), demonstrate (h) EVALUATION AND REPORT.—A State re- ‘‘(c) PROGRAM AUTHORIZED.—From satisfactory academic progress (as deter- ceiving a payment under subsection (c) for a amounts appropriated under section 5401(b) mined by the State agency) toward com- cohort shall prepare and submit an annual for a fiscal year, and subject to subsection pleting coursework that leads to a secondary report to the Secretary on the success of the (d), the Secretary, in consultation with the school diploma. cohort. The State report shall include the Director of the National Science Foundation, (iii) Complete the academic components of following: shall award grants to local educational agen- the State contract for educational oppor- (1) The following information relating to cies to enable the local educational agencies tunity, as determined by the State agency. the students in the cohort who sign a con- to carry out the activities described in sub- (iv) Complete the nonacademic portion of tract for educational opportunity, as appli- section (g). the State contract for educational oppor- cable: ‘‘(d) RESERVATION OF FUNDS.—From tunity (as determined by the State agency), (A) The participation and completion rates amounts appropriated under section 5401(b) including 100 hours of community service, of in the CEO grants program under this sec- for a fiscal year, the Secretary shall reserve which at least 50 hours of community service 1 tion. a total of ⁄2 of 1 percent for the Secretary of shall be completed before the student begins (B) The public school secondary school the Interior to award grants to elementary grade 11 (except as provided in subparagraph graduation rate and how the rate relates to schools and secondary schools operated or (B)). the established State benchmark described funded by the Bureau of Indian Affairs to en- (v) Apply for admission to a 2- or 4-year de- in subsection (d)(2). able such elementary schools and secondary gree-granting institution of higher education (C) The rate of enrollment in public and schools to carry out the activities described in the State. private institutions of higher education and in subsection (g). (vi) Preceding the date that the student in- how the rate relates to the established State ‘‘(e) APPLICATION.— tends to enroll in an institution of higher benchmark. ‘‘(1) IN GENERAL.—A local educational education, file for Federal financial aid. (D) The rate of persistence in public and agency desiring a grant under subsection (c) (B) SPECIAL CIRCUMSTANCES.— private institutions of higher education and shall submit an application to the Secretary (i) TRANSITION.—During the academic year how the rate relates to the established State at such time, in such manner, and con- following the date of enactment of this Act, benchmark. taining such information as the Secretary in the case of students in a cohort who are in (E) The rate of graduation from public and may reasonably require. grade 9, 10, 11, or 12 for such academic year, private institutions of higher education and ‘‘(2) CONTENTS.—The application described the students of such cohort shall be eligible how the rate relates to the established State in paragraph (1) shall include the following: for CEO grants if such students sign the con- benchmark. ‘‘(A) A description of the activities under tract for educational opportunity during the (F) Average CEO grant aid per student. subsection (g) for which assistance is sought academic year and otherwise complete all of (G) A description of, and justification for, and the costs of such activities. the eligibility requirements for the contract any increase in tuition and fees at the public ‘‘(B) A description of the process through for educational opportunity under subpara- 2- or 4-year degree-granting institutions of which the local educational agency identi- graph (A) as applicable and by such time as higher education in the State. fied the activities described in subparagraph determined by the State and approved by the (2) A comparison of the rates described in (A). Secretary. subparagraphs (B) through (E) of paragraph ‘‘(C) Clear principles that the local edu- (ii) STUDENTS WHO MOVE INTO THE STATE.— (1) for students in the cohort who sign a con- cational agency used to determine the pri- In the case of a student who moves into a tract for educational opportunity to such ority of qualifying activities under this sec- State after the student begins grade 8, such rates for a representative sample of students tion that prioritize the use of quantitative student shall be eligible for a CEO grant in the cohort in the State who do not sign a data, such as student achievement on stand- from such State if such student signs the contract. ardized assessments and income data, in contract for educational opportunity at the order to give priority to projects benefiting time the student moves into the State and TITLE II—ARMING AMERICANS WITH 21ST high-need schools. the student otherwise completes all of the CENTURY KNOWLEDGE AND SKILLS ‘‘(D) An assurance that the local edu- eligibility requirements for the contract for cational agency will provide a complete and educational opportunity under subparagraph Subtitle A—Increasing the Number of New detailed accounting of the use of grant funds (A), as applicable and by such time as deter- American Scientists, Engineers, and Lan- awarded to the local educational agency mined by the State and approved by the Sec- guage Experts under this section. retary. SEC. 211. PURPOSE. ‘‘(E) A description of the evaluation proc- (3) AMOUNT OF CEO GRANTS.— ess that will assess the accomplishments of (A) IN GENERAL.—A CEO grant for an aca- The purpose of this subtitle is to increase the program. demic year shall be in an amount equal to the number of low-income and middle-in- ‘‘(f) APPLICATION APPROVAL.— the student’s calculated unmet need to at- come students who pursue careers in mathe- ‘‘(1) DETERMINATION IN CONSULTATION WITH tend a 2- or 4-year degree-granting public in- matics, science, technology, engineering, NATIONAL SCIENCE FOUNDATION.—The Sec- stitution of higher education in the State for and critical-need foreign languages. retary shall review each application sub- such year. mitted under subsection (e) to determine SEC. 212. GRANTS FOR STRENGTHENING MATHE- (B) PRIVATE INSTITUTIONS.—A CEO grant whether the application is sufficient. In MATICS, SCIENCE, AND ENGINEER- for a student who elects to enroll in a pri- ING AND TECHNOLOGY EDUCATION making such a determination, the Secretary vate 2- or 4-year degree-granting public in- INFRASTRUCTURE. shall consult with the Director of the Na- stitution of higher education in the State tional Science Foundation, in part to ensure shall be in the amount described in subpara- (a) GRANTS FOR STRENGTHENING MATHE- that the application is coordinated with any graph (A). MATICS, SCIENCE, AND ENGINEERING AND TECH- preexisting National Science Foundation ini- (4) MULTIPLE GRANTS.— NOLOGY EDUCATION INFRASTRUCTURE.—Part D tiatives in the State. (A) IN GENERAL.—A State shall award a of title V of the Elementary and Secondary ‘‘(2) DETERMINATION OF INSUFFICIENT APPLI- CEO grant to a student who meets the re- Education Act of 1965 (20 U.S.C. 7241 et seq.) CATION.—If the Secretary determines that an quirements of this section for each academic is amended by adding at the end the fol- application submitted by a local educational year that the student attends a 2- or 4-year lowing: agency does not meet the requirements of

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paragraph (1) or subsection (e), the Secretary ‘‘(3) PENALTY.—A local educational agency grant under this section shall use the grant shall provide the local educational agency that receives a grant under this section for a funds to carry out a program to encourage with— fiscal year but does not submit the report re- low-income and middle-income under- ‘‘(A) a written explanation of why the ap- quired under this subsection shall not be eli- graduate and graduate students enrolled at plication did not comply with such require- gible to receive any subsequent grant funds the institution of higher education, or at an ments; and under this section.’’. institution of higher education that is a ‘‘(B) an opportunity to submit an amended (b) AUTHORIZATION OF APPROPRIATIONS.— member of the consortium, respectively, to application. Section 5401 of the Elementary and Sec- earn degrees in science, technology, engi- ‘‘(3) PRIORITY.—In awarding grants under ondary Education Act of 1965 (20 U.S.C. 7241) neering, mathematics, or a critical-need for- this section, the Secretary shall give pri- is amended— eign language, through administering schol- ority to local educational agencies with a (1) by striking ‘‘this part’’ and inserting arships in accordance with subsection (f). high percentage of high-need schools. ‘‘this part (excluding subpart 22)’’; (f) SCHOLARSHIPS.— ‘‘(g) REQUIRED USE OF FUNDS.—A local edu- (2) by striking ‘‘There are’’ and inserting (1) SCHOLARSHIP REQUIREMENTS.—Scholar- cational agency that receives a grant under the following: ships under this subsection shall be available subsection (c) shall use grant funds, in ac- ‘‘(a) GENERAL AUTHORIZATION.—There are’’; to a student enrolled at an institution of cordance with the application of the local and higher education that receives a grant under educational agency, to carry out not less (3) by adding at the end the following: this section or is a member of a consortium than 1 of the following: ‘‘(b) MATHEMATICS, SCIENCE, AND ENGINEER- that receives a grant under this section— ‘‘(1) The purchase or refurbishment of ING AND TECHNOLOGY EDUCATION INFRASTRUC- (A)(i) whose parents have an adjusted gross mathematics, science, and engineering and TURE.—There are authorized to be appro- income for the most recent tax year avail- technology education equipment, including priated to carry out subpart 22, $500,000,000 able of— laboratory equipment. for fiscal year 2007 and such sums as may be (I) less than $53,000 if single; or ‘‘(2) The purchase of instructional mate- necessary for each of the 4 succeeding fiscal (II) less than $107,000 if married; or rials or curricula with proven effectiveness years.’’. (ii) in the case of a student who is inde- in improving mathematics, science, and en- (c) TABLE OF CONTENTS.—The table of con- pendent (as defined in section 480 of the gineering and technology education out- tents in section 2 of the Elementary and Sec- Higher Education Act of 1965 (20 U.S.C. comes, including age-appropriate reading ondary Education Act of 1965 is amended by 1087vv), who meets the adjusted gross income materials on varying grade levels that pro- inserting after the item relating to section requirements of clause (i); and vide poor readers with access to mathe- 5618 the following: (B)(i) in the case of a student in the first or matics, science, and engineering and tech- ‘‘Subpart 22—Grants for Strengthening second year of a program of undergraduate nology education subject matter. Mathematics, Science, and Engineering education, who enrolls in prerequisite ‘‘(3) Support for a science, mathematics, or and Technology Education Infrastructure courses for a baccalaureate degree with a major in science, technology, engineering, engineering and technology education spe- ‘‘Sec. 5621. Grants for strengthening cialist in each school who is responsible for— mathematics, or a critical-need foreign lan- mathematics, science, and engi- ‘‘(A) assisting in the implementation of the guage, as determined by the institution of neering and technology edu- school’s science, mathematics, or engineer- higher education that the student attends; cation infrastructure.’’. ing and technology education program; (ii) in the case of a student who has com- ‘‘(B) assisting other teachers in delivering SEC. 213. SCIENCE, TECHNOLOGY, ENGINEERING, pleted 2 years of a program of undergraduate quality instruction; MATHEMATICS, AND CRITICAL-NEED education, who is pursuing a baccalaureate ‘‘(C) assisting in identifying and devel- FOREIGN LANGUAGE SCHOLARS. degree with a major in science, technology, oping professional development opportuni- (a) DEFINITIONS.—In this section: engineering, mathematics, or a critical-need ties tied to the curriculum; and (1) INSTITUTION OF HIGHER EDUCATION.—The foreign language; or ‘‘(D) providing guidance on curricula, term ‘‘institution of higher education’’ has (iii) in the case of a graduate student, who equipment, and other components necessary the meaning given the term in section 101(a) is pursuing a graduate degree in science, for high-quality instruction. of the Higher Education Act of 1965 (20 U.S.C. technology, engineering, mathematics, or a ‘‘(4) Any other directly related activity— 1001(a)). critical-need foreign language. ‘‘(A) identified by the local educational (2) SECRETARY.—The term ‘‘Secretary’’ (2) AMOUNT.— agency in the application required under means the Secretary of Education. (A) ANNUAL AMOUNT.—An institution of (b) PROGRAM AUTHORIZED.—From amounts subsection (e); and higher education or consortium that receives appropriated under subsection (j) for a fiscal ‘‘(B) approved by the Secretary, in con- a grant under this section shall award a year, the Secretary shall carry out a pro- sultation with the Director of the National scholarship to a student described in para- gram to award grants, on a competitive graph (1) in an amount that does not exceed Science Foundation. basis, to institutions of higher education (or ‘‘(h) REPORT.— $5,500 per academic year, except that no stu- consortia of such institutions) to enable the ‘‘(1) IN GENERAL.—A local educational dent shall receive for any academic year an institutions of higher education (or con- agency that receives a grant under this sec- amount that is more than the cost of attend- sortia) to provide scholarships to make high- tion for a fiscal year shall submit, not later ance, as determined under section 472 of the er education tuition free for low-income and than January 31 of the succeeding fiscal Higher Education Act of 1965 (20 U.S.C. middle-income undergraduate and graduate year, a report in such form and containing 1087ll)), at the institution where the student students who are enrolled at the institutions such information as the Secretary deter- is enrolled for such academic year. of higher education to earn degrees in mines to be reasonably necessary to evaluate EDUCTIONS IN AMOUNT FOR PART-TIME science, technology, engineering, mathe- (B) R the compliance of the local educational matics, and critical-need foreign languages STUDENTS.—In any case where a student at- agency with the provisions of this section. (as determined by the Secretary under sec- tends an institution of higher education on ‘‘(2) CONTENTS.—The report described in tion 222). less than a full-time basis (including a stu- paragraph (1) shall include the following: (c) APPLICATION.—An institution of higher dent who attends an institution of higher ‘‘(A) A description of the activities carried education or a consortium seeking a grant education on less than a half-time basis) dur- out with grant funds under this section. under this section shall submit an applica- ing any academic year, the amount of the ‘‘(B) A complete and detailed accounting of tion to the Secretary at such time, in such scholarship for which that student is eligible the use of funds awarded under this section, manner, and containing such information as shall be reduced in proportion to the degree including how the local educational agency the Secretary may require. to which that student is not so attending on gave priority to projects benefiting students (d) AWARD BASIS.—In awarding grants a full-time basis, in accordance with a sched- served by high-need schools. under this section, the Secretary shall give ule of reductions established by the Sec- ‘‘(C) A description of how the local edu- special consideration to programs that— retary for the purpose of this section, com- cational agency assesses the impact of the (1) are a central organizational focus of the puted in accordance with this subsection. program. institution of higher education or consor- Such schedule of reductions shall be estab- ‘‘(D) A description of how students were tium; lished by regulation and published in the served by the projects assisted under this (2) enable scholarship recipients to become Federal Register in accordance with the section, including any expansion of inquiry- successful members of the science, tech- schedule described in section 482 of the High- based learning opportunities, and an ac- nology, engineering, mathematics, and crit- er Education Act of 1965 (20 U.S.C. 1089). counting of the approximate number of stu- ical-need foreign language 21st century (C) CUMULATIVE AMOUNT.—An institution of dents so served. workforce; and higher education or consortium receiving a ‘‘(E) An accounting of student academic (3) recruit undergraduate and graduate stu- grant under this section may award an indi- progress made as a result of activities funded dents, especially female and underrep- vidual a scholarship under this subsection under this section, using previously estab- resented minority students, who would oth- for more than 1 year, or for both under- lished statewide academic achievement as- erwise not pursue careers in science, tech- graduate and graduate study, except that— sessments in mathematics and science. nology, engineering, mathematics, or a crit- (i) no individual shall receive a total ‘‘(F) Qualitative testimony from students, ical-need foreign language. amount of scholarship support under this teachers, administrators, or parents on the (e) USE OF FUNDS.—An institution of high- subsection for undergraduate study that is effect of activities funded under this section. er education or a consortium receiving a more than $22,000; and

VerDate Aug 31 2005 03:12 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.049 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5808 CONGRESSIONAL RECORD — SENATE June 13, 2006 (ii) no individual shall receive a total and mathematics at the elementary, sec- world regions from the head official, or a amount of scholarship support under this ondary, and postsecondary levels by doubling designee of such head official, of the Na- section for graduate study that is more than funding for the education and human re- tional Security Council, the Department of $22,000. sources programs of the National Science Homeland Security, the Department of De- (g) CONDITIONS OF SUPPORT.—As a condi- Foundation, in addition to the increases fense, the Department of State, the Federal tion of acceptance of a scholarship under made under section 125 for the mathematics Bureau of Investigation, the Department of this section, a recipient shall enter into an and science partnerships described in section Labor, and the Department of Commerce, agreement with the institution of higher 9 of the National Science Foundation Au- and the Director of National Intelligence. education or consortium— thorization Act of 2002 and in addition to any The Secretary shall take into account such (1) accepting the terms of the scholarship; other amounts authorized or appropriated to recommendations when developing a list of and the National Science Foundation. critical-need languages and when requesting (2) agreeing to provide the awarding insti- (b) AUTHORIZATION OF APPROPRIATIONS FOR applications for grants under this subtitle. tution of higher education or consortium NSF EDUCATION AND HUMAN RESOURCES.— The Secretary shall also make available to with up-to-date contact information and to There is authorized to be appropriated to the applicants the list of the critical-need lan- participate in surveys provided by the Sec- National Science Foundation for education guages for the grant cycle. retary of Education, institution of higher and human resources, in addition to the SEC. 223. CRITICAL-NEED LANGUAGE PROGRAM education, or consortium as part of an as- amounts authorized under section 125(a)(2), GRANTS. sessment program. amounts as follows: (a) DEFINITIONS.—In this section: (h) FAILURE TO COMPLETE OBLIGATION.— (1) For fiscal year 2007, $886,810,000. (1) ELIGIBLE ENTITY.—The term ‘‘eligible (1) GENERAL RULE.—An individual who has (2) For fiscal year 2008, $1,040,110,000. entity’’ means— received a scholarship under this section (3) For fiscal year 2009, $1,193,410,000. (A) a State educational agency; or shall be liable to the institution of higher (4) For fiscal year 2010, $1,346,710,000. (B) a partnership between a local edu- education or consortium that awarded the (5) For fiscal year 2011, $1,500,000,000. cational agency and an institution of higher scholarship, as well as to the United States, (c) SCIENCE, MATHEMATICS, ENGINEERING, education. for the amount of the scholarship, if such in- AND TECHNOLOGY TALENT EXPANSION PRO- (2) HIGH-NEED SCHOOL.—The term ‘‘high- dividual— GRAM.—Section 8(7)(C) of the National need school’’ means a public elementary or (A) fails to maintain an acceptable level of Science Foundation Authorization Act of secondary school that is eligible for assist- academic standing in the institution of high- 2002 (Public Law 107–368) is amended— ance under section 1114(a) of the Elementary er education in which the individual is en- (1) by redesignating clauses (i) through (vi) and Secondary Education Act of 1965 (20 rolled, as determined by the institution of as subclauses (I) through (VI), respectively, U.S.C. 6314(a)). (b) PROGRAM AUTHORIZED.—The Secretary higher education; and indenting appropriately; shall award grants, on a competitive basis, (B) is dismissed from such institution for (2) by striking ‘‘include those that promote to eligible entities to enable the eligible en- disciplinary reasons; or high quality—’’ and inserting ‘‘include pro- tities to develop programs that allow stu- (C) withdraws from the baccalaureate or grams that— dents to be exposed to and immersed in other graduate degree program for which the ‘‘(i) promote high-quality—’’; and languages and cultures from the early grades scholarship was made before the completion (3) in clause (i)— throughout the students’ education. of such program, and does not transfer into (A) in subclause (III) (as redesignated by (c) APPLICATION.—An eligible entity desir- another program that meets the require- paragraph (1)), by striking ‘‘for students;’’ ing a grant under this section shall submit ments of subsection (f)(1)(B). and inserting ‘‘for students, especially an application to the Secretary at such time, (2) EXCLUSION FROM FUTURE SCHOLAR- underrepresented minority and female math- in such manner, and containing such infor- SHIPS.—If a circumstance described in para- ematics, science, engineering, and tech- mation as the Secretary may require. graph (1) occurs, all of the following shall nology students;’’; and (d) AWARD BASIS.—In awarding grants apply: (B) in subclause (VI) (as redesignated by under this section, the Secretary shall give (A) NONRENEWAL OF SCHOLARSHIP.—The in- paragraph (1)), by striking the period and in- priority to eligible entities that will use stitution of higher education or consortium serting a semicolon; and grant funds for programs that target a high- shall not renew the scholarship to the indi- (4) by adding at the end the following: need school. vidual. However, at the discretion of the in- ‘‘(ii) finance summer internships for math- (e) USE OF FUNDS.—An eligible entity restitution of higher education or consortium ematics, science, engineering, and tech- ceiving a grant under this section shall use awarding the scholarship, an individual may nology undergraduate students; grant funds to carry out 1 or more of the fol- regain eligibility for a scholarship under this ‘‘(iii) facilitate smaller mathematics, lowing: section after completing not less than 1 aca- science, engineering, and technology class (1) Establish and maintain programs in a demic term at the institution, if the indi- sizes; critical-need language (as determined by the vidual— ‘‘(iv) facilitate the hiring of additional Secretary under section 222) in the elemen- (i) maintains an acceptable level of aca- mathematics, science, engineering, and tech- tary schools served by the eligible entity. demic standing in the institution of higher nology faculty; (2) Offer additional or more advanced crit- education, as determined by the institution; ‘‘(v) serve as bridges to enable underrep- ical-need language classes in middle schools and resented minority and female secondary and secondary schools. (ii) reenrolls in the baccalaureate or grad- school students to obtain extra mathe- (3) Create and implement effective models uate degree program for which the scholar- matics, science, engineering, and technology of instruction in critical-need languages and ship was made. training prior to entering an institution of world cultures. (B) INELIGIBILITY FOR FEDERAL SCHOLAR- higher education; and (4) Create and maintain internationally SHIPS.—The individual shall become auto- ‘‘(vi) finance mathematics, science, engi- themed schools that— matically ineligible to participate in any neering, and technology student research ac- (A) offer dual language immersion pro- Federal scholarship programs for future tivities.’’. grams; (B) focus on international content; and years. Subtitle B—Improving Global Knowledge and (C) use technology to bring the world into (3) USE OF RECOVERED SCHOLARSHIP Skills FUNDS.—An institution of higher education the classroom virtually. SEC. 221. DEFINITIONS. (f) TECHNICAL ASSISTANCE CENTERS.— or consortium that recovers funds under In this subtitle: paragraph (1) shall use such funds to provide (1) IN GENERAL.—The Secretary shall enter (1) INSTITUTION OF HIGHER EDUCATION.—The into contracts with entities to establish a additional scholarships under subsection (f). term ‘‘institution of higher education’’ has (i) DATA COLLECTION.—An institution of system of regional critical-need foreign lan- the meaning given the term in section 101(a) higher education or consortium receiving a guage technical assistance centers focused of the Higher Education Act of 1965 (20 U.S.C. grant under this section shall supply to the on developing critical-need language pro- Secretary any relevant statistical and demo- 1001(a)). grams in kindergarten through grade 12 edu- graphic data on scholarship recipients the (2) LOCAL EDUCATIONAL AGENCY; STATE EDU- cation. Secretary may request. CATIONAL AGENCY.—The terms ‘‘local edu- (2) APPLICATION.—An entity desiring a con- (j) AUTHORIZATION OF APPROPRIATIONS.— cational agency’’ and ‘‘State educational tract under this subsection shall submit an There are authorized to be appropriated to agency’’ have the meanings given the terms application to the Secretary at such time, in carry out this section $750,000,000 for fiscal in section 9101 of the Elementary and Sec- such manner, and containing such informa- year 2007 and such sums as may be necessary ondary Education Act of 1965 (20 U.S.C. 7801). tion as the Secretary may require. for each of the 4 succeeding fiscal years. (3) SECRETARY.—The term ‘‘Secretary’’ (3) ACTIVITIES.—Each center established SEC. 214. EXPANSION OF NATIONAL SCIENCE means the Secretary of Education. under this subsection shall— FOUNDATION EDUCATION AND SEC. 222. CRITICAL-NEED LANGUAGES. (A) assist States and local educational HUMAN RESOURCES DIRECTORATE. The Secretary shall, prior to requesting agencies in developing critical-need language (a) PURPOSE.—The purpose of this section applications for grants under this subtitle curricula; and is to ensure the continued involvement of ex- during each grant cycle, consult with, and (B) disseminate best practices in the field. perts at the National Science Foundation in receive recommendations regarding, critical (g) REPORT.—Not later than 90 days after improving science, technology, engineering, need for expertise in foreign languages and the last day of the grant or contract period,

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.049 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5809 an eligible entity receiving a grant under in critical-need languages, as determined by (C) 1 business (including a consortium of subsection (a) or an entity receiving a con- the Secretary under section 222. such businesses) or nonprofit employer; and tract under subsection (f) shall prepare and (d) AMOUNT AND DURATION OF GRANT.— (D) 1 community-based organization, labor submit a report to the Secretary describing Each grant awarded under this section shall union, trade association, or other inter- the supported activities. be— mediary. (h) AUTHORIZATION OF APPROPRIATIONS.— (1) for an amount of not less than $500,000 (2) DESIGNATION OF RESPONSIBLE FISCAL There are authorized to be appropriated to for each year of the grant; and AGENTS.—Each partnership described in para- carry out this section $100,000,000 for fiscal (2) for a period of not less than 4 years. graph (1) shall designate a responsible fiscal year 2007 and such sums as may be necessary (e) APPLICATION.—An eligible entity that agent to receive and disburse grant funds for each of the 4 succeeding fiscal years. desires a grant under this section shall sub- under this section. SEC. 224. INTERNATIONAL SUMMER INSTITUTE mit an application to the Secretary at such (e) TRAINING.— GRANTS. time, in such manner, and containing such (1) PARTICIPANTS.—A partnership that re- (a) PROGRAM AUTHORIZED.—The Secretary information as the Secretary may require. ceives a grant under subsection (c) shall pro- shall award grants, on a competitive basis, (f) USE OF FUNDS.—An eligible entity re- vide training through a project described in to institutions of higher education or non- ceiving a grant under this section shall use subsection (b) to persons who are employed profit organizations (or consortia of such in- the grant funds to establish or strengthen and who wish to obtain and upgrade skills to stitutions or organizations) to carry out foreign language study programs in critical- qualify for existing jobs (as of the date such summer institute programs that help teach- need languages, which may include the fol- training begins) and to persons who are unemployed. ers integrate international content into the lowing activities: (2) PREPARATION.—Such training shall, to curricula and improve the teachers’ knowl- (1) The recruitment and retention of fac- the extent practicable, include the prepara- edge and teaching of foreign cultures. ulty in critical-need languages. tion of workers for a broad range of positions (b) PARTNERSHIP.—In order to receive a (2) Curriculum development. along a career ladder. grant under this section, an institution of (3) The acquisition of materials to improve (f) START-UP ACTIVITIES.— higher education or a nonprofit organization instructional programs. (1) IN GENERAL.—Except as provided in (4) The expansion of study abroad pro- (or a consortium of such institutions or or- paragraph (2), not more than 5 percent, or grams for participating students. ganizations) shall enter into a partnership $75,000, whichever is less, of the funds made (5) The development of foreign language with a local educational agency to carry out available through a single grant made under immersion programs. the grant activities. this section may be used toward the start-up (6) Summer institutes for faculty develop- (c) APPLICATION.—An institution of higher costs of a partnership or training project. ment. education, nonprofit organization, or consor- (2) EXCEPTION.—In the case of partnerships (7) Bridge programs that allow dual enroll- tium desiring a grant under this section consisting primarily of small businesses, not ment for secondary school students in insti- shall submit an application to the Secretary more than 10 percent, or $150,000, whichever tutions of higher education. at such time, in such manner, and con- is less, of the funds made available through (8) Programs to expand the understanding taining such information as the Secretary a single grant made under this section may and knowledge of cultural, geographic, and may require. be used toward the start-up costs of a part- political factors within countries with popu- (d) USE OF FUNDS.—An institution of high- nership or training project. lations who speak critical-need languages. er education, nonprofit organization, or con- (3) DURATION OF START-UP PERIOD.—For (9) Research on, and evaluation of, the sortium receiving a grant under this section purposes of this subsection, a start-up period teaching of critical-need foreign languages. shall use grant funds to carry out 1 or more consists of a period of not more than 1 (10) Participation in national programs im- of the following: month, beginning on the first day of the pacting critical-need foreign languages. (1) Integrate international content into ex- grant period. At the end of the start-up pe- (11) Data collection and analysis regarding isting summer institute programs. riod, training shall immediately begin and the outcomes of various student recruitment (2) Assist States in creating new summer no further Federal funds may be used for strategies and program design and curricula institutes to prepare teachers— start-up costs. approaches, and their impact on increasing— (A) to teach international subjects, such as (g) APPLICATIONS.— (A) the number of students studying crit- world history, global economics, and geog- (1) IN GENERAL.—To be eligible to receive a raphy; and ical-need languages; and grant under this section, a partnership shall (B) to integrate international content into (B) the fluency of the students in the lan- submit an application to the Secretary at other subjects to improve global com- guages. such time, in such manner, and containing petence. (g) AUTHORIZATION OF APPROPRIATIONS.— such information as the Secretary may re- (e) REPORT.—Not later than 90 days after There are authorized to be appropriated to quire. carry out this section $100,000,000 for fiscal the last day of the grant period, an institu- (2) CONTENTS.—Each application for such a tion of higher education, nonprofit organiza- year 2007 and such sums as may be necessary grant shall— tion, or consortium receiving a grant under for each of the 4 succeeding fiscal years. (A) provide evidence of the need for the this section shall prepare and submit a re- Subtitle C—Investing in Workers Through training to be provided through the grant, by port to the Secretary describing the grant Job Training providing evidence of skill shortages in ex- activities. SEC. 231. PROJECTS TO PROVIDE LITERACY, isting or emerging industries as dem- (f) AUTHORIZATION OF APPROPRIATIONS.— TECHNOLOGY, AND TECHNICAL onstrated through reliable regional, State, There are authorized to be appropriated to SKILLS TRAINING. or local data; carry out this section $100,000,000 for fiscal (a) DEFINITIONS.—In this section: (B) articulate the level of skills that work- year 2007 and such sums as may be necessary (1) SECRETARY.—The term ‘‘Secretary’’ ers will be trained for and the manner by for each of the 4 succeeding fiscal years. means the Secretary of Labor. which attainment of those skills will be SEC. 225. INTERNATIONAL AND FOREIGN LAN- (2) SMALL BUSINESS.—The term ‘‘small measured; and GUAGE STUDIES. business’’ means a business with not more (C) include an agreement that the project (a) PURPOSE.—The purpose of this section than 100 employees. will be subject to evaluation by the Sec- is to increase study abroad and foreign lan- (b) PROJECTS.—The Secretary shall carry retary to measure the effectiveness of the guage study opportunities in critical-need out projects to provide literacy, technology, project. languages for secondary school, under- and technical skills training for workers, in- (3) MATCHING FUNDS.—Each application for graduate, and graduate students. cluding both employed and unemployed a grant to carry out a project described in (b) DEFINITION OF ELIGIBLE ENTITY.—In this workers. subsection (b) shall state the manner by section, the term ‘‘eligible entity’’ means— (c) GRANTS.—In carrying out projects de- which the partnership will— (1) an institution of higher education; scribed in subsection (b), the Secretary shall (A) make available, with respect to the (2) a consortium of institutions of higher make grants to eligible partnerships. costs to be incurred by the partnership in education; (d) ELIGIBLE PARTNERSHIPS.— carrying out the project, non-Federal con- (3) an institution of higher education in (1) IN GENERAL.—To be eligible to receive tributions (in cash or in kind) in an amount partnership with an international univer- such a grant, a partnership shall be a local equal to not less than 50 percent of the Fed- sity; or regional public-private partnership con- eral funds provided under the grant; and (4) an institution of higher education in sisting of at least— (B) make the contributions available di- partnership with a local educational agency; (A) 1 State or local workforce investment rectly or through donations from public or (5) a State educational agency; or board established under section 111 or 117 of private entities, and ensure that at least 1⁄2 (6) a local educational agency. the Workforce Investment Act of 1998 (29 of the contributions will be from businesses (c) PROGRAM AUTHORIZED.—From amounts U.S.C. 2821 or 2832) (including a consortium or nonprofit employers involved in the part- appropriated under this section for a fiscal of such boards in a region); nership. year, the Secretary shall award grants, on a (B) 1 institution of higher education, as de- (h) CONSIDERATIONS.— competitive basis, to eligible entities to en- fined in section 101(a) of the Higher Edu- (1) PROJECTS WITH COMMITMENTS.—In mak- able the eligible entities to establish or cation Act of 1965, (including a consortium of ing grants under this section, the Secretary strengthen foreign language study programs such institutions); shall give consideration to an applicant that

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.049 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5810 CONGRESSIONAL RECORD — SENATE June 13, 2006 provides a specific, measurable commit- by the employee without any author- me for its prompt enactment. We must ment— ization, then taken out of VA and do all we can to prevent any further (A) upon successful completion of a train- placed on personal computer equip- compromise of personal data in the ing course by a participant— ment at the employee’s home. (i) who is unemployed, to hire or effectuate hands of the government. I am sure my colleagues will be as the hiring of the participant (where applica- Mr. President, I ask unanimous con- ble); alarmed as I was when I tell them that (ii) who is an incumbent worker, to in- this unauthorized removal of the per- sent that the text of this legislation be crease the wages or salary of the worker sonal information from the Depart- published in the RECORD. (where applicable); or ment of Veterans Affairs was not an il- There being no objection, the text of (iii) to provide skill certification to the legal act. In fact, I was told by VA’s in- the bill was ordered to be printed in participant; spector general that the employee’s the RECORD, as follows: (B) to provide training that is linked to in- only misdeed was of a recently estab- dustry-accepted occupational skill stand- S. 3506 ards, certificates, or licensing requirements; lished VA Security Guideline, which or only carries the weight of suggested Be it enacted by the Senate and House of Rep- (C) to provide a project that will lead to at- employee behavior. Despite VA’s ef- resentatives of the United States of America in tainment of baccalaureate or associate de- forts to provide cyber security for the Congress assembled, grees. myriad of databases the Department (2) EXPANDED AND COLLABORATIVE controls, at the time of the theft there SECTION 1. SHORT TITLE. PROJECTS.—In making grants under this sec- was no policy or law in place to pre- This Act may be cited as the ‘‘Data Theft tion, the Secretary shall give consideration vent or deter an unauthorized act. Prevention Act of 2006’’. to an applicant that proposes to use grant The legislation I am introducing funds— SEC. 2. FEDERAL DATABASES. (A) to demonstrate a significant ability to today would establish Federal pen- (a) IN GENERAL.—Chapter 101 of title 18, expand a training project through such alties for anyone, whether a govern- United States Code, is amended by adding at means as training more workers or offering ment employee or government con- more courses; and tractor, who knowingly and without the end the following: (B) to carry out a training project result- authorization views, uses, downloads, ‘‘§ 2077. Means of identification and individ- ing from a collaboration, especially with or removes any means of identification ually identifiable health information in more than 1 small business or with an entity or individually identifiable health in- Federal databases carrying out a labor-management training formation that is in a Federal data- project. ‘‘(a) DEFINITIONS.—In this section: base. Although the incident which trig- (3) PARTNERSHIPS INVOLVING SMALL BUSI- ‘‘(1) FEDERAL DATABASE.—The term ‘Fed- NESSES.—In making grants under this sec- gered my present concerns occurred in eral database’ means any electronic database tion, the Secretary shall give consideration VA, this legislation would apply to all owned, operated, or maintained by or for the to an applicant that involves and directly Federal departments and agencies. The Federal Government. benefits more than 1 small business. legislation would also penalize those ‘‘(2) INDIVIDUALLY IDENTIFIABLE HEALTH IN- (4) DONATIONS FROM PUBLIC OR PRIVATE EN- who would use any such personal infor- FORMATION.—The term ‘individually identifi- TITIES.—In making grants under this section, mation for criminal purposes. able health information’ has the meaning the Secretary shall give consideration to an This legislation is intended to com- given the term in the regulations issued applicant that provides a specific commit- under section 264(c) of the Health Insurance ment that a portion of the non-Federal con- pliment existing Federal personal in- Portability and Accountability Act of 1996 tribution described in subsection (g)(3) will formation security policies and to em- be made available through donations from phasize the need for all Federal depart- (42 U.S.C. 1320d-2 note). other public or private entities, so as to dem- ments and agencies to review existing ‘‘(3) MEANS OF IDENTIFICATION.—The term onstrate the long-term sustainability of the policies and clearly lay out who is and ‘means of identification’ has the meaning project after the expiration of the grant pe- isn’t authorized to use, view, or given the term in section 1028 of this title. riod involved. download personal information. ‘‘(b) UNAUTHORIZED USE.—It shall be unlaw- (i) ADMINISTRATIVE COSTS.—A partnership This legislation would send the clear ful for any person knowingly and without that receives a grant to carry out a project authorization— described in subsection (b) may not use more message that anyone who knowingly ‘‘(1) to view, use, download, or remove any than 10 percent of the funds made available and without authorization removes through the grant to pay for administrative personal or health information from a means of identification or individually iden- costs associated with the project. Federal database does so at their own tifiable health information that is in a Fed- (j) AUTHORIZATION OF APPROPRIATIONS.— risk. eral database; or There are authorized to be appropriated to VA Secretary Nicholson testified last ‘‘(2) to transfer such means of identifica- carry out this section $300,000,000 for fiscal week before the House Government Re- tion or individually identifiable health infor- year 2007 and such sums as may be necessary mation to, or store such means of identifica- for each of the 4 succeeding fiscal years. form Committee that he thought that tion or individually identifiable health infor- there should be consideration of ‘‘put- mation in, any computer, network, database, By Mr. AKAKA: ting some kind of teeth in an enforce- or other format used to store information S. 3506. A bill to prohibit the unau- ment mechanism for the compromising that is not a Federal database. thorized removal or use of personal in- and careless and negligent handling of ‘‘(c) USE FOR CRIMINAL PURPOSES.—It shall personal information.’’ This measure formation contained in a database be unlawful for any person to use a means of owned, operated, or maintained by the would do just that. identification or individually identifiable If enacted, violation of the provisions Federal government; to the Committee health information obtained directly or indi- on the Judiciary. of this law could result in a fine of up rectly from a Federal database in further- Mr. AKAKA. Mr. President, I am in- to $100,000, imprisonment for 1 year, or ance of a violation of any Federal or State troducing the Data Theft Prevention both. These penalties are similar to criminal law. Act of 2006 in response to concerns that those which currently apply to Inter- arose following the recent theft of nal Revenue Service employees who ‘‘(d) PENALTY.—Any person who violates computer equipment from the home of are responsible for breaches of tax in- subsection (b) or (c) shall be fined not more a Department of Veterans Affairs em- formation. than $100,000, imprisoned not more than 1 ployee in early May. I would like to Given the potential impact to our year, or both.’’. thank my friends Senator SCHUMER, veterans, Active Duty, National Guard, (b) CHAPTER ANALYSIS.—The table of sec- Senator MURRAY, and Senator CLINTON and Reserve personnel through identity tions for chapter 101 of title 18, United for being original cosponsors of this theft and the incredible disruption and States Code, is amended by adding after the legislation. costs incurred by the government from item relating to section 2076 the following: The stolen equipment contained per- the theft of the VA data, it is vital that ‘‘2077. Means of identification and individ- sonal information on as many as 26.5 we take steps to deter any future inci- ually identifiable health infor- million veterans, Active Duty, Na- dents and hold accountable those who mation in Federal databases.’’. tional Guard and Reserve personnel. are responsible. These files had been downloaded from I urge our colleagues to support this VA databases over a period of 3 years important legislation and to work with

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0655 E:\CR\FM\A13JN6.049 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5811 SUBMITTED RESOLUTIONS Why do we need such an educational sequences as these youngsters become effort? In a sense, this action has be- of voting age. Even though military come necessary because we are victims service is a responsibility that is no SENATE RESOLUTION 507—DESIG- of our own success with regard to the longer shared by a large segment of the NATING THE WEEK OF NOVEM- superior performance of our Armed BER 5 THROUGH NOVEMBER 11, population, as it has been in the past, Forces. The plain fact is that there are knowledge of the contributions of 2006, AS ‘‘NATIONAL VETERANS just fewer people around now who have those who have served in the Armed AWARENESS WEEK’’ TO EMPHA- had any connection with military serv- Forces is as important as it has ever SIZE THE NEED TO DEVELOP ice. For example, as a result of tremen- EDUCATIONAL PROGRAMS RE- dous advances in military technology been. To the extent that many of us GARDING THE CONTRIBUTIONS and the resultant productivity in- will not have the opportunity to serve OF VETERANS TO THE COUNTRY creases, our current armed forces now our country in uniform, we must still Mr. BIDEN submitted the following operate effectively with a personnel remain cognizant of our responsibility resolution; which was referred to the roster that is one-third less in size as citizens to fulfill the obligations we Committee on the Judiciary: than just 15 years ago. In addition, the owe, both tangible and intangible, to S. RES. 507 success of the all-volunteer career-ori- those who do serve and who do sacrifice Whereas tens of millions of Americans ented force has led to much lower turn- on our behalf. have served in the Armed Forces of the over of personnel in today’s military The importance of this issue was United States during the past century; than in previous eras when conscrip- Whereas hundreds of thousands of Ameri- tion was in place. Finally, the number brought home to me several years ago cans have given their lives while serving in of veterans who served during previous by Samuel I. Cashdollar, who was then the Armed Forces during the past century; conflicts, such as World War II, when a 13-year-old seventh grader at Lewes Whereas the contributions and sacrifices of Middle School in Lewes, Delaware. the men and women who served in the Armed our military was many times larger Forces have been vital in maintaining the than today, is inevitably declining. Samuel won the Delaware VFW’s freedoms and way of life enjoyed by the peo- The net result of these changes is Youth Essay Contest that year with a ple of the United States; that the percentage of the entire popu- powerful presentation titled ‘‘How Whereas the advent of the all-volunteer lation that has served in the Armed Should We Honor America’s Vet- Armed Forces has resulted in a sharp decline Forces is dropping rapidly, a change erans’’? Samuel’s essay pointed out in the number of individuals and families that can be seen in all segments of so- that we have Nurses’ Week, Secre- who have had any personal connection with ciety. Whereas during World War II it the Armed Forces; taries’ Week, and Teachers’ Week, to Whereas this reduction in familiarity with was extremely uncommon to find a rightly emphasize the importance of family in America that did not have the Armed Forces has resulted in a marked these occupations, but the contribu- one of its members on active duty, now decrease in the awareness by young people of tions of those in uniform tend to be the nature and importance of the accom- there are numerous families that in- plishments of those who have served in the clude no military veterans at all. Even overlooked. We don’t want our children Armed Forces, despite the current edu- though the Iraqi war has been promi- growing up to think that Veterans Day cational efforts of the Department of Vet- nently discussed on television and in has simply become a synonym for a de- erans Affairs and the veterans service orga- the newspapers, many of our children partment store sale, and we don’t want nizations; to become a nation where more high Whereas the system of civilian control of are much more preoccupied with the the Armed Forces makes it essential that usual concerns of young people than school seniors recognize the name the future leaders of the Nation understand with keeping up with the events of the Britney Spears than the name Dwight the history of military action and the con- day. As a consequence, many of our Eisenhower. tributions and sacrifices of those who con- youth still have little or no connection National Veterans Awareness Week duct such actions; and with or knowledge about the important complements Veterans Day by focusing Whereas, on November 2, 2005, President historical and ongoing role of men and George W. Bush issued a proclamation urg- women who have served in the mili- on education as well as commemora- ing all the people of the United States to ob- tary. This omission seems to have per- tion, on the contributions of the many serve November 6 through November 12, 2005, in addition to the heroism and service as ‘‘National Veterans Awareness Week’’: sisted despite ongoing educational ef- Now, therefore, be it forts by the Department of Veterans of the individual. National Veterans Resolved, That the Senate— Affairs and the veterans service organi- Awareness Week also presents an op- (1) designates the week of November 5 zations. portunity to remind ourselves of the through November 11, 2006, as ‘‘National Vet- This lack of understanding about contributions and sacrifices of those erans Awareness Week’’; and military veterans’ important role in who have served in peacetime as well (2) encourages the people of the United our society can have potentially seri- States to observe the week with appropriate as in conflict; both groups work educational activities. ous repercussions. In our country, ci- unending hours and spend long periods vilian control of the armed forces is Mr. BIDEN. Mr. President, today I away from their families under condi- am submitting a resolution expressing the key tenet of military governance. tions of great discomfort so that we all A citizenry that is oblivious to the ca- the sense of the Senate that the week can live in a land of freedom and plen- pabilities and limitations of the armed that includes Veterans’ Day, cor- ty. responding this year to November 5–11, forces, and to its critical role through- Last year, my resolution designating 2006, be designated as ‘‘National Vet- out our history, can make decisions re- erans Awareness Week’’. This marks garding our military involvement that National Veterans Awareness Week the seventh year in a row that I have may have unexpected and unwanted was approved in the Senate by unani- introduced such a resolution, which consequences. Even more important, mous consent. Responding to that reso- has been adopted unanimously by the general recognition of the importance lution, President Bush issued a procla- Senate on all previous occasions. of those individual character traits mation urging our citizenry to observe The purpose of National Veterans that are essential for military success, National Veterans Awareness Week. I Awareness Week is to serve as a focus such as patriotism, selflessness, sac- ask my colleagues to continue this for educational programs designed to rifice, and heroism, is vital to main- trend of support for our veterans by en- taining these key aspects of citizenship make students in elementary and sec- dorsing this resolution again this year. ondary schools aware of the contribu- in the Armed Forces and even through- Our children and our children’s chil- tions of veterans and their importance out the population at large. in preserving American peace and pros- The failure of our children to under- dren will need to be well informed perity. This goal takes on particular stand why a military is important, why about what veterans have accom- importance and immediacy this year as our society continues to depend on it plished in order to make appropriate we find ourselves again with uniformed for ultimate survival, and why a suc- decisions as they confront the numer- men and women in harm’s way in for- cessful military requires integrity and ous worldwide challenges that they are eign lands. sacrifice, will have predictable con- sure to face in the future.

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.050 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5812 CONGRESSIONAL RECORD — SENATE June 13, 2006 SENATE RESOLUTION 508—DESIG- make the process of mammography latest one comes out positive, even be- NATING OCTOBER 20, 2006 AS much more rapid and precise than before you have any symptoms or have ‘‘NATIONAL MAMMOGRAPHY fore. Government programs will profound a lump on self-examination, you DAY’’ vide free mammograms to those who have reason to be optimistic, not pessi- Mr. BIDEN submitted the following can’t afford them, as well as Medicaid mistic. Such early-detected breast can- resolution; which was referred to the eligibility for treatment if breast can- cers are highly treatable. Committee on the Judiciary: cer is diagnosed. Just last year, the Then there is forgetfulness. I cer- S. RES. 508 headline on the front page of the Wash- tainly understand how difficult it is to Whereas, according to the American Can- ington Post trumpeted a major im- remember to do something that only cer Society, in 2006, 212,920 women will be di- provement in survival of patients with comes around once each year. I would agnosed with breast cancer and 40,970 women early breast cancer following use of suggest that this is where National will die from that disease; modern treatment regimens involving Mammography Day comes in. On that Whereas it is estimated that about 2,000,000 chemotherapy and hormone therapy. day, let’s make sure that each woman women were diagnosed with breast cancer in This year, we learned that newer anti- we know picks a specific date on which the 1990s, and that, in nearly 500,000 of those estrogen drugs are effective in pre- to get a mammogram each year, a date cases, the cancer resulted in death; venting breast cancer in high-risk that she won’t forget: a child’s birth- Whereas African-American women suffer a 30 percent greater mortality rate from breast women. Information about treatment day, an anniversary, perhaps even the cancer than White women and more than a of breast cancer with surgery, chemo- day her taxes are due. On National 100 percent greater mortality rate from therapy, and radiation therapy has ex- Mammography Day, let’s ask our loved breast cancer than women from Hispanic, ploded, reflecting enormous research ones: pick one of these dates, fix it in Asian, and American Indian populations; advances in this disease. So I am feel- your mind along with a picture of your Whereas the risk of breast cancer increases ing quite positive about our battle child, your wedding, or another symbol with age, with a woman at age 70 having against breast cancer. A diagnosis of of that date, and promise yourself to twice as much of a chance of developing the breast cancer is not a death sentence, get a mammogram on that date every disease as a woman at age 50; Whereas at least 80 percent of the women and I encounter long-term survivors of year. Do it for yourself and for the oth- who get breast cancer have no family history breast cancer nearly daily. ers that love you and want you to be of the disease; In recent times, the newspapers have part of their lives for as long as pos- Whereas mammograms, when operated been filled with discussion over wheth- sible. professionally at a certified facility, can pro- er the scientific evidence actually sup- And to those women who are reluc- vide safe screening and early detection of ports the conclusion that periodic tant to have a mammogram, I say let breast cancer in many women; screening mammography saves lives. It National Mammography Day serve as a Whereas mammography is an excellent seems that much of this controversy reminder to discuss this question each method for early detection of localized relates to new interpretations of old breast cancer, which has a 5-year survival year with your physician. New sci- rate of more than 97 percent; studies, and the relatively few recent entific studies that are published and Whereas the National Cancer Institute and studies of this matter have not clari- new mammography techniques that are the American Cancer Society continue to fied this issue. Most sources seem to developed may affect your decision on recommend periodic mammograms; and agree that all of the existing scientific this matter from one year to the next. Whereas the National Breast Cancer Coali- studies have some weaknesses, but it is I encourage you to keep an open mind tion recommends that each woman and her far from clear whether the very large and not to feel that a decision at one health care provider make an individual de- and truly unambiguous study needed to point in time commits you irrevocably cision about mammography: Now, therefore, settle this matter definitively can ever be it to a particular course of action for the Resolved, That the Senate— be done. indefinite future. (1) designates October 20, 2006, as ‘‘Na- So what is a woman to do? I do not Mr. President, I urge my colleagues tional Mammography Day’’; and claim any expertise in this highly tech- to join me in the ongoing fight against (2) encourages the people of the United nical area, so I rely on the experts. The breast cancer by cosponsoring and vot- States to observe the day with appropriate American Cancer Society, the National ing for this resolution to designate Oc- programs and activities. Cancer Institute, and the U.S. Preven- tober 20, 2006, as ‘‘National Mammog- Mr. BIDEN. Mr. President, today I tive Services Task Force all continue raphy Day.’’ am submitting a resolution designating to recommend periodic screening mam- October 20, 2006, as ‘‘National Mam- mography, and I endorse the state- f mography Day.’’ I might note that I ments of these distinguished bodies. have submitted a similar resolution On the other hand, I recognize that SENATE RESOLUTION 509—DESIG- each year since 1993, and on each occa- some women who examine these re- NATING JUNE 21, 2006, AS ‘‘NA- sion the Senate has shown its support search studies are unconvinced of the TIONAL PROFESSIONAL MEDICAL for the fight against breast cancer by need for periodic screening mammog- CODER DAY’’, IN HONOR OF THE approving the resolution. raphy. However, even those scientists DEDICATION AND CONTINUED Each year, as I prepare to introduce who do not support periodic mammog- SERVICE OF PROFESSIONAL this resolution, I review the latest in- raphy for all women believe that it is MEDICAL CODERS TO THE NA- formation from the American Cancer appropriate for some groups of women TION Society about breast cancer. For the with particular risk factors. In agree- Mr. HATCH (for himself, Mr. BEN- year 2006, it is estimated that nearly ment with these experts, I encourage NETT, and Mr. BURR) submitted the fol- 213,000 women will be diagnosed with all women who have doubts about the lowing resolution; which was referred breast cancer and nearly 41,000 women usefulness of screening mammography to the Committee on the Judiciary: will die of this disease. in general to discuss with their indi- S. RES. 509 In past years, I have often com- vidual physicians whether this test is mented on how gloomy these statistics Whereas professional medical coders are appropriate in their specific situations. the sentries of our national health; were. But as I review how these num- So my message to women is: have a Whereas medical coders regularly commu- bers are changing over time, I have periodic mammogram, or at the very nicate with physicians and other health care come to the realization that it is really least discuss this option with your own professionals to clarify diagnoses or to ob- more appropriate to be optimistic. The physician. tain additional information in the assign- trend over time is that the number of I know that some women don’t have ment of alpha-numeric codes; deaths from breast cancer is actually annual mammograms because of either Whereas medical coders stand as the front stable or falling from year to year. fear or forgetfulness. It is only human line against potential medicare fraud and Early detection of breast cancer con- nature for some women to avoid mam- abuse while assuring that the physician, hospital, and clinic receive the fairest com- tinues to result in extremely favorable mograms because they are afraid of pensation for the services provided; outcomes: 97 percent of women with lo- what they will find. To those who are Whereas medical coders are knowledgeable calized breast cancer will survive 5 fearful, I would say that if you have of medical terminology, anatomy, physi- years or longer. New digital techniques periodic routine mammograms, and the ology, and the code sets necessary to serve

VerDate Aug 31 2005 03:29 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.051 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5813 effectively in their professional role within care professionals to clarify diagnoses tem and it reminds us of medical cod- the health care community; or to obtain additional information in ers’ dedication to the value of hard Whereas medical coders are team players the assignment of alphanumeric codes. work in the interest of a national pri- committed to ethical and sound medical doc- They are knowledgeable of medical ter- ority—quality health care for every- umentation and reimbursement practices; Whereas medical coders work in a variety minology, anatomy, physiology, and one. I applaud that contribution and of health care environments; the code sets necessary to serve effec- am hopeful that the Senate will pass Whereas nearly 40 percent of all medical tively in their professional role within this resolution marking June 21, 2006, coders in the United States work in hos- the health care community. They are as National Medical Coder Day. pitals; team players committed to ethical and Whereas medical coders also work in the sound medical documentation and re- f offices of physicians, nursing care facilities, imbursement practices. outpatient care centers, and home health Medical coders work in a variety of SENATE RESOLUTION 510—DESIG- care providers; health care environments. Nearly 40 NATING THE PERIOD BEGINNING Whereas insurance firms that offer health plans employ professional medical coders to percent of all coding jobs are in hos- ON JUNE 28, 2006, AND ENDING tabulate and analyze health information; pitals. Others work in the offices of ON JULY 5, 2006, AS ‘‘NATIONAL Whereas medical coders in public health physicians, nursing care facilities, out- CLEAN BEACHES WEEK’’, SUP- departments supervise data collection from patient care centers, and home health PORTING THE GOALS AND health care institutions and assist in re- care services. Insurance firms that IDEALS OF THAT WEEK, AND search; offer health plans employ coders to RECOGNIZING THE CONSIDER- Whereas Department of Defense policy re- tabulate and analyze health informa- ABLE VALUE AND ROLE OF quires accurate and prompt documentation tion. Medical coders in public health BEACHES IN THE CULTURE OF and coding of medical encounters within the military health care system to assist mili- departments supervise data collection THE UNITED STATES tary treatment facility operations; from health care institutions and as- Mr. MARTINEZ (for himself, Mr. sist in research. The Department of De- Whereas employment of professional med- LAUTENBERG, Ms. SNOWE, Ms. fense policy requires accurate and ical coders is expected to grow through 2012, STABENOW, Mr. MENENDEZ, Mr. LOTT, due to the increasing number of medical prompt documentation of and coding of and Mrs. DOLE) submitted the fol- tests, treatments and procedures, and the medical encounters within the Military consequent responsibility to provide the best lowing resolution; which was referred Health System to assist Military to the Committee on the Judiciary: quality health care in a market-driven econ- Treatment Facility operations. The omy; and S. RES. 510 Whereas on National Professional Medical compliance plan for third-party payers of the Department of Health and Whereas, according to the document enti- Coder Day we honor these sentries of our tled ‘‘Turning to the Sea: America’s Ocean medical community and may each be held to Human Services, Office of the Inspec- Future’’, published by the National Oceanic the highest standard in the interest of na- tor General acknowledges the special- and Atmospheric Administration, coastal tional health and prosperity: Now, therefore, ized training of medical coders re- areas produce 85 percent of all tourism rev- be it quired due to the greater legal expo- enue in the United States and beaches are Resolved, That the Senate— sure related to coding medical services. the leading tourism destination in the coun- (1) designates June 21, 2006, as ‘‘National Coders also stand as the front line try; Professional Medical Coder Day’’; Whereas beaches provide recreational op- (2) commends professional medical coders against the potential fraud and abuse of the Medicare and Medicaid Pro- portunities for numerous citizens and their for their outstanding contributions to this families, as well as international tourists great Nation; grams while assuring that the physi- who, according to the document entitled (3) salutes professional medical coders for cians, hospitals, and clinics receive ac- ‘‘The Beach and Your Coastal Watershed’’ their unyielding dedication; and curate compensation for the services (EPA document number 842–F–98–010), pub- (4) encourages all Americans to commemo- provided. lished by the Environmental Protection rate this occasion with appropriate programs The abilities coders possess to collect Agency, together make almost 2,000,000,000 and activities paying tribute to medical cod- data about diagnoses and procedures trips to the beach each year to fish, sun- ers and honoring all those who protect the bathe, boat, swim, surf, and birdwatch; Nation’s health. figure prominently within my own interests for quality health care. Medical Whereas, according to the Army Corps of Mr. HATCH. Mr. President, I am coders also provide us with the data we Engineers, the beaches of the United States pleased to submit today, along with my are a critical component of the national need for making tough choices in colleagues Senator BOB BENNETT and economy, including global competitiveness; health care. Whereas beaches represent a critical part Senator RICHARD BURR, the National This resolution stems from positive Professional Medical Coder Day resolu- of the natural heritage and a beautiful part citizen actions. The quest for a nation. of the landscape of the United States; By passing this resolution, Congress tional day of recognition began as a Whereas beaches are sensitive ecosystems that are susceptible to degradation and al- will recognize June 21, 2006, as National grassroots campaign. Over the past 4 years, medical coders from around the teration from pollution, sewage, and im- Professional Medical Coder Day, which proper use; will help to raise awareness about the country have gathered support through a national petition and State procla- Whereas coastal tourism and healthy sea- important work that medical coders food foster robust economies that sustain perform and their dedication to their mations crediting the work of their communities and support jobs throughout profession. coders. The Secretary of the Depart- the coastal regions of the United States; There are about 80,000 professional ment of Health and Human Services Whereas members of the Federal Govern- medical coders employed in the United Michael Leavitt made Utah the very ment, the private sector, nongovernmental States, and that number is expected to first State to honor coders when, as organizations, and citizen volunteers have continue to grow due to the increasing Governor, he signed on April 15, 2003, a worked hard to clean and protect the beach- number of medical tests, treatments proclamation declaring a day of honor es of the United States; for coders in Utah. Since then, 28 other Whereas, according to the United States and procedures, and the consequent Geological Survey, great progress has been scrutiny to provide the best quality States have signed similar proclama- made in understanding the science of water- health care in a market driven econ- tions. The State of Florida was the sheds and the connections between inland omy. Medical coders are a diverse most recent addition to their cam- areas and coastal waters; and group of women and men dedicated to paign, and medical coders continue Whereas the Federal Government should ‘‘running the numbers’’ of health care. their efforts in achieving recognition develop science-based policies that are com- They translate the information that a at the State level. Let us now recog- mensurate with that knowledge: Now there- physician documents during a patient nize their efforts as a nation. fore, be it visit into numerical codes that are It is my hope that this resolution Resolved, That the Senate— will help advance the recognition of (1) designates the period beginning on June used for both payment and statistical 28, 2006, and ending on July 5, 2006, as ‘‘Na- purposes. professional medical coders; and, there- tional Clean Beaches Week’’; Medical coders are sentries of our Na- fore, the attention given to their com- (2) recognizes— tion’s health. They communicate regu- mendable work. It recognizes contribu- (A) the value of beaches to the way of life larly with physicians and other health tions to the national health care sys- of the citizens of the United States; and

VerDate Aug 31 2005 03:29 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.052 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5814 CONGRESSIONAL RECORD — SENATE June 13, 2006 (B) the important contributions of beaches tion; which was referred to the Com- SA 4215. Mr. JEFFORDS (for himself, Mr. to the economy, recreation, and natural en- mittee on Foreign Relations: FEINGOLD, and Mr. DAYTON) submitted an vironment of the United States; and amendment intended to be proposed by him S. RES. 511 (3) encourages all citizens of the United to the bill S. 2766, supra; which was ordered States to work to keep beaches, a critical Whereas Radio Al Mahaba, the 1st and only to lie on the table. part of the natural heritage of the United radio station for the women of Iraq, went on SA 4216. Mr. THUNE submitted an amend- States, safe and clean for the continued en- the air for the 1st time on April 1, 2005; ment intended to be proposed by him to the joyment of the public. Whereas Radio Al Mahaba is an edu- bill S. 2766, supra; which was ordered to lie cational tool that— Mr. MARTINEZ. Mr. President, I rise on the table. (1) is broadcast in 3 different languages; SA 4217. Mr. THUNE (for himself and Mr. today to submit a resolution that will and NELSON, of Florida) submitted an amend- honor June 28, 2006 through July 5, 2006 (2) provides the women of Iraq with an opment intended to be proposed by him to the as National Clean Beaches Week. portunity to voice their opinions and listen bill S. 2766, supra; which was ordered to lie I want to thank my colleague from to the opinions of others; on the table. New Jersey, Senator LAUTENBERG, for Whereas Radio Al Mahaba airs shows that SA 4218. Mr. SALAZAR (for himself, Mr. agreeing to cosponsor this resolution are dedicated to the rights and issues of ALLARD, Mr. BUNNING, Mr. MCCONNELL, and women; Mr. WYDEN) submitted an amendment in- with me as well as Senators SNOWE, Whereas those shows are devoted to issues tended to be proposed by him to the bill S. LOTT, MENENDEZ, and STABENOW so we relating to personal relationships, parenting, 2766, supra; which was ordered to lie on the as a nation can recognize the incredible and other social topics; table. importance beaches and coastal areas Whereas, despite terrible risks, the staff of SA 4219. Mr. SALAZAR submitted an have not only for our economy but our Radio Al Mahaba continues to provide the amendment intended to be proposed by him Nation’s recreational, aesthetic, and women of Iraq with hope, knowledge, em- to the bill S. 2766, supra; which was ordered environmental wellbeing. powerment, support, and a vision of freedom; to lie on the table. According to data provided by the Whereas, amid the struggles in Iraq, Radio SA 4220. Mr. SALAZAR submitted an amendment intended to be proposed by him National Oceanic and Atmospheric Ad- Al Mahaba has followed the democratic principles of free speech and free press cham- to the bill S. 2766, supra; which was ordered ministration, 85 percent of tourism rev- pioned by the United States, thereby encour- to lie on the table. enue generated in the U.S. comes from aging the people of Iraq to build an open and f coastal areas. The Environmental Pro- democratic civil society; tection Agency has also stated that a Whereas Radio Al Mahaba plays a positive TEXT OF AMENDMENTS staggering 2 billion trips are made by and important role in educating the women SA 4209. Mr. ALLARD submitted an Americans to beaches and coastal areas of Iraq; amendment intended to be proposed by to fish, swim, surf, sunbathe, recreate, Whereas Radio Al Mahaba provides women him to the bill S. 2766, to authorize ap- and enjoy our Nation’s beautiful sce- with an opportunity to exercise their freedom of speech; propriations for fiscal year 2007 for nery. Whereas Radio Al Mahaba enables the military activities of the Department Every year roughly 80 million people women of Iraq to secure their role in the of Defense, for military construction, visit the Sunshine State to enjoy its civil society of Iraq; and and for defense activities of the De- beautiful beaches, exciting amusement Whereas Radio Al Mahaba meets a palpable partment of Energy, to prescribe per- parks, and wonderfully abundant wild- need of the women of Iraq: Now, therefore, be sonnel strengths for such fiscal year life and natural splendor. The tourism it for the Armed Forces, and for other industry alone directly employs nearly Resolved, That the Senate— purposes; which was ordered to lie on 840,000 Floridians and provides an eco- (1) commends the efforts of Radio Al Mahaba to provide the women of Iraq with the table; as follows: nomic impact of $57 billion to our an opportunity to— At the the end of subtitle I of title X, in- State’s economy. Of the 80 million visi- (A) exercise their freedom of speech; and sert the following: tors, a great deal came to Florida to (B) be included in, and informed of, the re- SEC. 1084. SENSE OF CONGRESS REGARDING THE enjoy its pristine coastline and wonder- construction of Iraq; MEN AND WOMEN OF THE ARMED (2) supports the mission of Radio Al FORCES OF THE UNITED STATES IN ful climate. Families return, year after IRAQ. Mahaba; and year, to their favorite vacation spots (a) FINDINGS.—Congress makes the fol- (3) urges Radio Al Mahaba to continue its to relax under our brilliant blue skies, lowing findings: important efforts to help create an open, powdery white beaches, and crystal- (1) In 2003, members of the Armed Forces of free, and democratic society in Iraq. clear emerald waters. The people of the United States successfully liberated the Florida share a love and appreciation f people of Iraq from the tyrannical regime of of the Atlantic Ocean and the Gulf of AMENDMENTS SUBMITTED AND Saddam Hussein. Mexico, its coastal habitat, and our PROPOSED (2) Members of the Armed Forces of the United States have bravely risked their lives wetlands which make it a very complex SA 4209. Mr. ALLARD submitted an everyday over the last 3 years to protect the ecosystem and a very special place to amendment intended to be proposed by him people of Iraq from terror attacks by Al live. to the bill S. 2766, to authorize appropria- Qaeda and other extremist organizations. Our beaches and coastline in Florida tions for fiscal year 2007 for military activi- (3) Members of the Armed Forces of the are very important to the people of ties of the Department of Defense, for mili- United States have conducted dozens of oper- Florida. The resolution I submit today tary construction, and for defense activities ations with coalition forces to track, appre- will support a national effort to recog- of the Department of Energy, to prescribe hend, and eliminate terrorists in Iraq. nize the importance of keeping our personnel strengths for such fiscal year for (4) Members of the Armed Forces of the the Armed Forces, and for other purposes; United States have helped sustain political beaches clean and vibrant, to continue which was ordered to lie on the table. progress in Iraq by assisting the people of to support our Nation’s ecological SA 4210. Mr. SANTORUM submitted an Iraq as they exercised their right to choose treasures for future generations to amendment intended to be proposed by him their leaders and draft their own constitu- enjoy, and to encourage Americans of to the bill S. 2766, supra; which was ordered tion. all ages and backgrounds to marvel at to lie on the table. (5) Members of the Armed Forces of the their splendor. I urge my colleagues to SA 4211. Mr. WARNER proposed an amend- United States have taught over 150,000 sol- become a cosponsor and support desig- ment to the bill S. 2766, supra. diers of Iraq to respect civilian authority, nating June 28th through July 5th 2006, SA 4212. Mrs. CLINTON submitted an conduct counter-insurgency operations, pro- amendment intended to be proposed by her vide meaningful security, and protect the as National Clean Beaches Week. to the bill S. 2766, supra; which was ordered people of Iraq from terror attacks. f to lie on the table. (6) Members of the Armed Forces of the SA 4213. Mrs. CLINTON submitted an United States have built new schools, hos- SENATE RESOLUTION 511—COM- amendment intended to be proposed by her pitals, and public works throughout Iraq. MENDING AND SUPPORTING to the bill S. 2766, supra; which was ordered (7) Members of the Armed Forces of the RADIO AL MAHABA, THE 1ST to lie on the table. United States have helped rebuild Iraq’s di- AND ONLY RADIO STATION FOR SA 4214. Mr. DEWINE (for himself and Mr. lapidated energy sector. THE WOMEN OF IRAQ VOINOVICH) submitted an amendment in- (8) Members of the Armed Forces of the tended to be proposed by him to the bill S. United States have restored electrical power Mrs. CLINTON (for herself and Mr. 2766, supra; which was ordered to lie on the and sewage waste treatment for the people of HATCH) submitted the following resolu- table. Iraq.

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.058 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5815 (9) Members of the Armed Forces of the At the end of subtitle B of title X, add the partment of Energy, to prescribe per- United States have established lasting and following: sonnel strengths for such fiscal year productive relationships with local leaders SEC. 1013. NAMING OF CVN–78 AIRCRAFT CAR- for the Armed Forces, and for other in Iraq and secured the support of a majority RIER AS THE U.S.S. GERALD FORD. purposes; which was ordered to lie on of the populace of Iraq. (a) FINDINGS.—Congress makes the fol- (10) Members of the Armed Forces of the lowing findings: the table; as follows: United States have courageously endured so- (1) Gerald R. Ford has served his country At the end of subtitle F of title V, add the phisticated terror tactics, including deadly with honor and distinction for the past 64 following: car-bombs, sniper attacks, and improvised years, and continues to serve. SEC. 587. COLD WAR SERVICE MEDAL. explosive devices. (2) Gerald R. Ford joined the United States (a) AUTHORITY.—Chapter 57 of title 10, (11) Members of the Armed Forces of the Naval Reserve in 1942 and served valiantly at United States Code, is amended by adding at United States have paid a high cost in order sea on the U.S.S. Monterey (CVL–26) during the end the following new section: to defeat the terrorists, defend innocent ci- World War II, taking part in major oper- ‘‘§ 1135. Cold War service medal vilians, and protect democracy from those ations in the Pacific, including at Makin Is- ‘‘(a) MEDAL AUTHORIZED.—The Secretary who desire the return of oppression and ex- land, Kwajalein, Truk, Saipan, and the Phil- concerned shall issue a service medal, to be tremism to Iraq. ippine Sea. known as the ‘Cold War service medal’, to (12) Members of the Armed Forces of the (3) The U.S.S. Monterey earned 10 battle persons eligible to receive the medal under United States have performed their duty in stars, awarded for participation in battle, subsection (b). The Cold War service medal Iraq with an unflagging commitment to the while Gerald R. Ford served on the vessel. shall be of an appropriate design approved by highest ideals and traditions of the United (4) Gerald R. Ford was first elected to the the Secretary of Defense, with ribbons, lapel States and the Armed Forces. House of Representatives in 1948. pins, and other appurtenances. (b) SENSE OF CONGRESS.—It is the sense of (5) In the course of 25 years of service in ‘‘(b) ELIGIBLE PERSONS.—The following per- Congress that— the House of Representatives, Gerald R. Ford sons are eligible to receive the Cold War (1) the men and women in uniform of the distinguished himself by his exemplary service medal: Armed Forces of the United States in Iraq record for character, decency, and trust- ‘‘(1) A person who— should be commended for their on-going worthiness. ‘‘(A) performed active duty or inactive service to the United States, their commit- (6) Throughout his service in Congress, duty training as an enlisted member during ment to the ideals of the United States, and Gerald R. Ford was an ardent proponent of the Cold War; their determination to win the Global War strong national defense and international ‘‘(B) completed the person’s initial term of on Terrorism; leadership by the United States. enlistment or, if discharged before comple- (2) gratitude should be expressed to the (7) From 1965 to 1973, Gerald R. Ford served tion of such initial term of enlistment, was families of the Armed Forces of the United as minority leader of the House of Rep- honorably discharged after completion of not States, especially those families who have resentatives, raising the standard for bipar- less than 180 days of service on active duty; lost loved ones in Operational Iraqi Free- tisanship in his tireless fight for freedom, and dom; and hope, and justice. ‘‘(C) has not received a discharge less fa- (3) the people of the United States should (8) In 1973, Gerald R. Ford was appointed by vorable than an honorable discharge or a re- honor those who have paid the ultimate sac- President Nixon to the office of Vice Presi- lease from active duty with a characteriza- rifice and assist those families who have dent of the United States with the over- tion of service less favorable than honorable. loved ones in the Armed Forces of the United whelming support of Congress. ‘‘(2) A person who— States deployed overseas. (9) From 1974 to 1976, Gerald R. Ford served ‘‘(A) performed active duty or inactive as the 38th President of the United States, duty training as a commissioned officer or SA 4210. Mr. SANTORUM submitted taking office during one of the most chal- warrant officer during the Cold War; an amendment intended to be proposed lenging periods in the history of the United ‘‘(B) completed the person’s initial service by him to the bill S. 2766, to authorize States and restoring the faith of the people obligation as an officer or, if discharged or of the United States in the office of the appropriations for fiscal year 2007 for separated before completion of such initial President through his steady leadership, military activities of the Department service obligation, was honorably discharged courage, and ultimate integrity. of Defense, for military construction, after completion of not less than 180 days of (10) President Gerald R. Ford helped re- and for defense activities of the De- service on active duty; and store the prestige of the United States in the ‘‘(C) has not been released from active duty partment of Energy, to prescribe per- world community by working to achieve with a characterization of service less favor- sonnel strengths for such fiscal year peace in the Middle East, preserve de´tente able than honorable and has not received a for the Armed Forces, and for other with the Soviet Union, and set new limits on discharge or separation less favorable than purposes; which was ordered to lie on the spread of nuclear weapons. an honorable discharge. the table; as follows: (11) President Gerald R. Ford served as ‘‘(c) ONE AWARD AUTHORIZED.—Not more Commander in Chief of the Armed Forces of At the end of subtitle F of title V, add the than one Cold War service medal may be the United States with great dignity, sup- following: issued to any person. porting a strong Navy and a global military SEC. 587. SENSE OF SENATE ON NOTICE TO CON- ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE- GRESS OF RECOGNITION OF MEM- presence for the United State and honoring CEASED.—If a person described in subsection BERS OF THE ARMED FORCES FOR the men and women of the Armed Forces of (b) dies before being issued the Cold War EXTRAORDINARY ACTS OF BRAVERY, the United States. service medal, the medal shall be issued to HEROISM, AND ACHIEVEMENT. (12) Since leaving the office of President, the person’s representative, as designated by It is the sense of the Senate that the Sec- Gerald R. Ford has been an international the Secretary concerned. retary of Defense or the Secretary of the ambassador of American goodwill, a noted ‘‘(e) REPLACEMENT.—Under regulations pre- military department concerned should, upon scholar and lecturer, a strong supporter of scribed by the Secretary concerned, a Cold awarding a medal to a member of the Armed human rights, and a promoter of higher edu- War service medal that is lost, destroyed, or Forces or otherwise commending or recog- cation. rendered unfit for use without fault or ne- nizing a member of the Armed Forces for an (13) Gerald R. Ford was awarded the Medal glect on the part of the person to whom it act of extraordinary heroism, bravery, of Freedom and the Congressional Gold was issued may be replaced without charge. achievement, or other distinction, notify the Medal in 1999 in recognition of his contribu- ‘‘(f) APPLICATION FOR MEDAL.—The Cold Committee on Armed Services of the Senate tion to the Nation. War service medal shall be issued upon re- and House of Representatives, the Senators (14) As President, Gerald R. Ford bore the from the State in which such member receipt by the Secretary concerned of an appli- weight of a constitutional crisis and guided sides, and the Member of the House of Rep- cation for such medal, submitted in accord- the Nation on a path of healing and restored resentatives from the district in which such ance with such regulations as the Secretary hope, earning forever the enduring respect member resides of such extraordinary award, prescribes. and gratitude of the Nation. commendation, or recognition. ‘‘(g) UNIFORM REGULATIONS.—The Sec- (b) NAMING OF CVN–78 AIRCRAFT CARRIER.— retary of Defense shall ensure that regula- Mr. WARNER proposed an CVN–78, a nuclear powered aircraft carrier of SA 4211. the Navy, shall be named the U.S.S. Gerald tions prescribed by the Secretaries of the amendment to the bill S. 2766, to au- Ford. military departments under this section are thorize appropriations for fiscal year uniform so far as is practicable. 2007 for military activities of the De- SA 4212. Mrs. CLINTON submitted an ‘‘(h) DEFINITION.—In this section, the term partment of Defense, for military con- amendment intended to be proposed by ‘Cold War’ means the period beginning on struction, and for defense activities of him to the bill S. 2766, to authorize ap- September 2, 1945, and ending at the end of December 26, 1991.’’. the Department of Energy, to prescribe propriations for fiscal year 2007 for (b) CLERICAL AMENDMENT.—The table of personnel strengths for such fiscal year military activities of the Department sections at the beginning of such chapter is for the Armed Forces, and for other of Defense, for military construction, amended by adding at the end the following purposes; as follows: and for defense activities of the De- new item:

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.068 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5816 CONGRESSIONAL RECORD — SENATE June 13, 2006 ‘‘1135. Cold War service medal.’’. SA 4215. Mr. JEFFORDS (for himself, less than 21 years of age may be designated Mr. FEINGOLD, and Mr. DAYTON) sub- as a caregiver if that individual is the spouse SA 4213. Mrs. CLINTON submitted an mitted an amendment intended to be of the qualified member of the Armed Forces amendment intended to be proposed by proposed by him to the bill S. 2766, to making the designation. him to the bill S. 2766, to authorize ap- authorize appropriations for fiscal year (4) USE OF CAREGIVER LEAVE.—Leave may propriations for fiscal year 2007 for only be used under this subsection for pur- 2007 for military activities of the De- poses directly relating to, or resulting from, military activities of the Department partment of Defense, for military con- the designation of an employee as a care- of Defense, for military construction, struction, and for defense activities of giver. and for defense activities of the De- the Department of Energy, to prescribe (5) REGULATIONS.—Not later than 120 days partment of Energy, to prescribe per- personnel strengths for such fiscal year after the date of enactment of this Act, the sonnel strengths for such fiscal year for the Armed Forces, and for other Office of Personnel Management shall pre- for the Armed Forces, and for other purposes; which was ordered to lie on scribe regulations to carry out this sub- purposes; which was ordered to lie on the table; as follows: section. (6) TERMINATION.—The program under this the table; as follows: At the appropriate place, insert the fol- subsection shall terminate on December 31, lowing: At the end of subtitle D of title V, add the 2007. following: SEC. ll PROGRAMS FOR USE OF LEAVE BY (b) VOLUNTARY PRIVATE SECTOR LEAVE SEC. 569. REVIEW OF LEGAL STATUS OF JUNIOR CAREGIVERS FOR FAMILY MEMBERS ROTC PROGRAM. OF INDIVIDUALS PERFORMING CER- PROGRAM.— TAIN MILITARY SERVICE. (a) REVIEW.—The Secretary of Defense (1) DEFINITIONS.— (a) FEDERAL EMPLOYEES PROGRAM.— shall conduct a review of the 1976 legal opin- (A) CAREGIVER.—The term ‘‘caregiver’’ (1) DEFINITIONS.—In this subsection: ion issued by the General Counsel of the De- means an individual who— (A) CAREGIVER.—The term ‘‘caregiver’’ partment of Defense regarding instruction of (i) is an employee; means an individual who— non-host unit students participating in Jun- (ii) is at least 21 years of age; and (i) is an employee; ior Reserve Officers’ Training Corps pro- (iii) is capable of self care and care of chil- (ii) is at least 21 years of age; and grams. The review shall consider whether dren or other dependent family members of a (iii) is capable of self care and care of chil- changes to law after the issuance of that qualified member of the Armed Forces. dren or other dependent family members of a (B) COVERED PERIOD OF SERVICE.—The term opinion allow in certain circumstances for qualified member of the Armed Forces. the arrangement for assignment of instruc- ‘‘covered period of service’’ means any period (B) COVERED PERIOD OF SERVICE.—The term of service performed by an employee as a tors that provides for the travel of an in- ‘‘covered period of service’’ means any period structor from one educational institution to caregiver while the individual who des- of service performed by an employee as a ignated the caregiver under paragraph (4) re- another once during the regular school day caregiver while the individual who des- for the purposes of the Junior Reserve Offi- mains a qualified member of the Armed ignated the caregiver under paragraph (3) re- Forces. cers’ Training Corps program as an author- mains a qualified member of the Armed ized arrangement that enhances administra- (C) EMPLOYEE.—The term ‘‘employee’’ Forces. means an employee of a business entity par- tive efficiency in the management of the (C) EMPLOYEE.—The term ‘‘employee’’ has program. If the Secretary, as a result of the ticipating in the program under this sub- the meaning given under section 6331 of title section. review, determines that such authority is 5, United States Code. not available, the Secretary should also con- (D) FAMILY MEMBER.—The term ‘‘family (D) FAMILY MEMBER.—The term ‘‘family member’’ includes— sider whether such authority should be member’’ includes— available and whether there should be au- (i) individuals for whom the qualified (i) individuals for whom the qualified member of the Armed Forces provides med- thority to waive the restrictions under cer- member of the Armed Forces provides medical, financial, and logistical support (such tain circumstances. ical, financial, and logistical support (such as housing, food, clothing, or transpor- (b) REPORT.—The Secretary shall submit to as housing, food, clothing, or transportation); and the Committee on Armed Services of the tation); and (ii) children under the age of 19 years, el- Senate and the Committee on Armed Serv- (ii) children under the age of 19 years, elderly adults, persons with disabilities, and ices of the House of Representatives a report derly adults, persons with disabilities, and other persons who are unable to care for containing the results of the review not later other persons who are unable to care for themselves in the absence of the qualified than 180 days after the date of the enactment themselves in the absence of the qualified member of the Armed Forces. of this Act. member of the Armed Forces. (E) QUALIFIED MEMBER OF THE ARMED (c) INTERIM AUTHORITY.—A current institu- (E) QUALIFIED MEMBER OF THE ARMED FORCES.—The term ‘‘qualified member of the tion that has more than 70 students and is FORCES.—The term ‘‘qualified member of the providing support to another educational in- Armed Forces’’ means— Armed Forces’’ means— stitutional with more than 70 students and (i) a member of a reserve component of the (i) a member of a reserve component of the has been providing for the assignment of in- Armed Forces as described under section Armed Forces as described under section structors from one school to the other may 10101 of title 10, United States Code, who has 10101 of title 10, United States Code, who has continue to provide such support until 180 received notice to report to, or is serving on, received notice to report to, or is serving on, days following receipt of the report under active duty in the Armed Forces in support active duty in the Armed Forces in support subsection (b). of a contingency operation as defined under of a contingency operation as defined under section 101(a)(13) of title 10, United States section 101(a)(13) of title 10, United States SA 4214. Mr. DEWINE (for himself Code; or Code; or and Mr. VOINOVICH) submitted an (ii) a member of the Armed Forces on ac- (ii) a member of the Armed Forces on ac- amendment intended to be proposed by tive duty who is eligible for hostile fire or tive duty who is eligible for hostile fire or him to the bill S. 2766, to authorize ap- imminent danger special pay under section imminent danger special pay under section propriations for fiscal year 2007 for 310 of title 37, United States Code. 310 of title 37, United States Code. (2) ESTABLISHMENT OF PROGRAM.—The Of- (2) ESTABLISHMENT OF PROGRAM.— military activities of the Department (A) IN GENERAL.—The Secretary of Labor of Defense, for military construction, fice of Personnel Management shall establish a program to authorize a caregiver to— shall establish a program to authorize em- and for defense activities of the De- (A) use any sick leave of that caregiver ployees of business entities described under partment of Energy, to prescribe per- during a covered period of service in the paragraph (3) to use sick leave, or any other sonnel strengths for such fiscal year same manner and to the same extent as an- leave available to an employee, during a cov- for the Armed Forces, and for other nual leave is used; and ered period of service in the same manner purposes; which was ordered to lie on (B) use any leave available to that care- and to the same extent as annual leave (or the table; as follows: giver under subchapter III or IV of chapter 63 its equivalent) is used. of title 5, United States Code, during a cov- (B) EXCEPTION.—Subparagraph (A) shall At the appropriate place, insert the fol- ered period of service as though that covered not apply to leave made available under the lowing: period of service is a medical emergency. Family and Medical Leave Act of 1993 (29 RICKENBACKER AIRPORT, COLUMBUS, OHIO (3) DESIGNATION OF CAREGIVER.— U.S.C. 2601 et seq.). SEC. llll. The project numbered 4651 in (A) IN GENERAL.—A qualified member of (3) VOLUNTARY BUSINESS PARTICIPATION.— section 1702 of the Safe, Accountable, Flexi- the Armed Forces shall submit a written des- The Secretary of Labor shall solicit business ble, Efficient Transportation Equity Act: A ignation of the individual who is the care- entities to voluntarily participate in the pro- Legacy for Users (119 Stat. 1434) is amended giver for any family member of that member gram under this subsection. by striking ‘‘Grading, paving’’ and all that of the Armed Forces during a covered period (4) DESIGNATION OF CAREGIVER.— follows through ‘‘Airport’’ and inserting of service to the employing agency and the (A) IN GENERAL.—A qualified member of ‘‘Grading, paving, roads, and the transfer of Office of Personnel Management. the Armed Forces shall submit a written des- rail-to-truck for the intermodal facility at (B) DESIGNATION OF SPOUSE.—Notwith- ignation of the individual who is the care- Rickenbacker Airport, Columbus, OH’’. standing paragraph (1)(A)(ii), an individual giver for any family member of that member

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.069 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5817 of the Armed Forces during a covered period ficiency and the ability to test, evaluate, and control priority, and required by United of service to the employing business entity. improve capabilities of both personnel and States law. (B) DESIGNATION OF SPOUSE.—Notwith- equipment within the most realistic training (4) The elimination and nonproliferation of standing paragraph (1)(A)(ii), an individual environments possible. chemical weapons of mass destruction is of less than 21 years of age may be designated (2) The growth of civilian and commercial utmost importance to the national security as a caregiver if that individual is the spouse aviation traffic and the rapid expansion of of the United States. of the qualified member of the Armed Forces commercial and general air traffic lanes (b) SENSE OF THE SENATE.—It is the sense making the designation. across the continental Unites States has left of the Senate that— (5) USE OF CAREGIVER LEAVE.—Leave may few remaining areas of the country available (1) the United States is committed to mak- only be used under this subsection for pur- for realistic air combat training or expan- ing every effort to safely dispose of its chem- poses directly relating to, or resulting from, sion of existing training areas. ical weapons stockpiles by the Chemical the designation of an employee as a care- (3) Many Military Operating Areas (MOAs) Weapons Convention deadline of April 29, giver. originally established in what was once open 2012, or as soon thereafter as possible, and (6) REGULATIONS.—Not later than 120 days and uncongested airspace are now en- will carry out all of its other obligations after the date of enactment of this Act, the croached upon by a heavy volume of com- under the Convention; Secretary of Labor shall prescribe regula- mercial and general air traffic, making (2) the Secretary of Defense should prepare tions to carry out this subsection. training more difficult and increasingly haz- a comprehensive schedule for safely destroy- (7) TERMINATION.—The program under this ardous. ing the United States chemical weapons subsection shall terminate on December 31, (4) Some aerial training areas in the upper stockpiles to prevent further delays in the 2007. great plains, western States, and Gulf coast destruction of such stockpiles, and the (c) GAO REPORT.—Not later than June 30, remain largely free from encroachment and schedule should be submitted annually to 2007, the Government Accountability Office available for increased use, expansion, and the congressional defense committees sepa- shall submit a report to Congress on the pro- preservation for the future. rately or as part of another required report; grams under subsections (a) and (b) that in- (b) SENSE OF CONGRESS.—It is the sense of and cludes— Congress that the Department of Defense (3) the Secretary of Defense should make (1) an evaluation of the success of each pro- should— every effort to ensure adequate funding to gram; and (1) establish a policy to identify military complete the elimination of the United (2) recommendations for the continuance aerial training areas that are projected to re- States chemical weapons stockpile in the or termination of each program. main viable and free from encroachment well shortest time possible, consistent with the into the 21st century; requirement to protect public health, safety, SA 4216. Mr. THUNE submitted an (2) determine aerial training airspace re- and the environment. amendment intended to be proposed by quirements to meet future training and airspace requirements of legacy and next gen- SA 4219. Mr. SALAZAR submitted an him to the bill S. 2766, to authorize ap- amendment intended to be proposed by propriations for fiscal year 2007 for eration military aircraft; and (3) undertake all necessary actions in a him to the bill S. 2766, to authorize ap- military activities of the Department timely manner, including coordination with propriations for fiscal year 2007 for of Defense, for military construction, the Federal Aviation Administration, to ex- military activities of the Department and for defense activities of the De- pand and preserve those areas of airspace to of Defense, for military construction, partment of Energy, to prescribe per- meet present and future training require- and for defense activities of the De- sonnel strengths for such fiscal year ments. partment of Energy, to prescribe per- for the Armed Forces, and for other (c) REPORT.—Not later than 120 days after sonnel strengths for such fiscal year purposes; which was ordered to lie on the date of the enactment of this Act, the Secretary of Defense shall submit to the con- for the Armed Forces, and for other the table; as follows: gressional defense committees a report set- purposes; which was ordered to lie on On page 437, between lines 2 and 3, insert ting forth a proposed plan to preserve and the table; as follows: the following: expand available aerial training airspace to At the end of subtitle D of title VI, add the SEC. 1084. POSSESSION OF MACHINEGUNS BY LI- meet the projected needs of the Department following: CENSED MANUFACTURERS AND LI- of Defense for such airspace through 2025. SEC. 648. RENAMING OF DEATH GRATUITY PAY- CENSED IMPORTERS. ABLE FOR DEATHS OF MEMBERS OF Section 922(o)(2) of title 18, United States SA 4218. Mr. SALAZAR (for himself, THE ARMED FORCES AS FALLEN Code, is amended— Mr. ALLARD, Mr. BUNNING, Mr. MCCON- HERO COMPENSATION. (1) in subparagraph (A), by striking ‘‘or’’ at NELL, and Mr. WYDEN) submitted an (a) IN GENERAL.—Subchapter II of chapter the end; 75 of title 10, United States Code, is amended amendment intended to be proposed by as follows: (2) by redesignated subparagraph (B) as him to the bill S. 2766, to authorize ap- subparagraph (C); and (1) In section 1475(a), by striking ‘‘have a (3) by inserting after subparagraph (A) the propriations for fiscal year 2007 for death gratuity paid’’ and inserting ‘‘have following: military activities of the Department fallen hero compensation paid’’. ‘‘(B) a transfer to, or possession by, a li- of Defense, for military construction, (2) In section 1476(a)— censed manufacturer or a licensed importer and for defense activities of the De- (A) in paragraph (1), by striking ‘‘a death for purposes of conducting research, develop- partment of Energy, to prescribe per- gratuity’’ and inserting ‘‘fallen hero comment, or testing of firearms or ammunition sonnel strengths for such fiscal year pensation’’; and for law enforcement or military use; or’’. (B) in paragraph (2), by striking ‘‘A death for the Armed Forces, and for other gratuity’’ and inserting ‘‘Fallen hero com- purposes; which was ordered to lie on SA 4217. Mr. THUNE (for himself and pensation’’. the table; as follows: Mr. NELSON of Florida) submitted an (3) In section 1477(a), by striking ‘‘A death amendment intended to be proposed by On page 437, between lines 2 and 3, insert gratuity’’ and inserting ‘‘Fallen hero com- the following: pensation’’. him to the bill S. 2766, to authorize ap- SEC. 1084. SENSE OF THE SENATE ON DESTRUC- (4) In section 1478(a), by striking ‘‘The propriations for fiscal year 2007 for TION OF CHEMICAL WEAPONS. death gratuity’’ and inserting ‘‘The amount military activities of the Department (a) FINDINGS.—The Senate makes the fol- of fallen hero compensation’’. of Defense, for military construction, lowing findings: (5) In section 1479(1), by striking ‘‘the and for defense activities of the De- (1) The Convention on the Prohibition of death gratuity’’ and inserting ‘‘fallen hero partment of Energy, to prescribe per- the Development, Production, Stockpiling compensation’’. sonnel strengths for such fiscal year and Use of Chemical Weapons and on Their (6) In section 1489— for the Armed Forces, and for other Destruction, done at Paris on January 13, (A) in subsection (a), by striking ‘‘a gra- 1993 (commonly referred to as the ‘‘Chemical tuity’’ in the matter preceding paragraph (1) purposes; which was ordered to lie on Weapons Convention’’), requires all United and inserting ‘‘fallen hero compensation’’; the table; as follows: States chemical weapons stockpiles be de- and At the end of subtitle D of title III, add the stroyed by no later than the extended dead- (B) in subsection (b)(2), by inserting ‘‘or following: line of April 29, 2012. other assistance’’ after ‘‘lesser death gra- SEC. 352. REPORT ON AERIAL TRAINING AIR- (2) On April 10, 2006, the Department of De- tuity’’. SPACE REQUIREMENTS OF THE DE- fense notified Congress that the United (b) CLERICAL AMENDMENTS.— PARTMENT OF DEFENSE. States would not meet even the extended (1) HEADING AMENDMENTS.—Such sub- (a) FINDINGS.—Congress makes the fol- deadline under the Chemical Weapons Con- chapter is further amended by striking lowing findings: vention for destruction of United States ‘‘Death Gratuity:’’ each place it appears in (1) Access to and use of available and un- chemical weapons stockpiles. the heading of sections 1475 through 1480 and fettered aerial training airspace is critical (3) Destroying existing chemical weapons 1489 and inserting ‘‘Fallen Hero Compensa- for preserving aircrew warfighting pro- is a homeland security imperative, an arms tion:’’.

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.071 S13JNPT1 hmoore on PROD1PC68 with HMSENATE S5818 CONGRESSIONAL RECORD — SENATE June 13, 2006 (2) TABLE OF SECTIONS.—The table of sec- ing of helicopter pilots of the Army at the tween Federal and Nonfederal Enti- tions at the beginning of such subchapter is High Altitude Aviation Training Site. The ties’’ (GAO–06–570). amended by striking ‘‘Death gratuity:’’ in system shall utilize an existing system that Because of the limited time available the items relating to sections 1474 through permits the query of pilot flight experience for the hearing, witnesses may testify 1480 and 1489 and inserting ‘‘Fallen hero com- and training. pensation:’’. by invitation only. However, those f (c) GENERAL REFERENCES.—Any reference wishing to submit written testimony to a death gratuity payable under sub- NOTICE OF HEARING for the hearing record should send two chapter II of chapter 75 of title 10, United copies of their testimony to the Com- States Code, in any law, regulation, docu- COMMITTEE ON INDIAN AFFAIRS mittee on Energy and Natural Re- ment, paper, or other record of the United Mr. MCCAIN. Mr. President, I would sources, United States Senate, Wash- States shall be deemed to be a reference to like to announce that the Committee ington, DC 20510–6150. fallen hero compensation payable under such on Indian Affairs will meet on Wednes- For further information, please con- subchapter, as amended by this section. day, June 14, 2006, at 9:30 a.m. in Room tact Frank Gladics at 202–224–2878 or 485 of the Russell Senate Office Build- SA 4220. Mr. SALAZAR submitted an Sara Zecher 202–224–8276. ing to conduct a hearing on S. 374, the amendment intended to be proposed by f him to the bill S. 2766, to authorize ap- Tribal Parity Act and S. 1535, the Cheyenne River Sioux Tribe Equitable AUTHORITY FOR COMMITTEES TO propriations for fiscal year 2007 for MEET military activities of the Department Compensation Amendments Act of 2005. of Defense, for military construction, Those wishing additional information COMMITTEE ON AGRICULTURE, NUTRITION, AND and for defense activities of the De- may contact the Indian Affairs Com- FORESTRY partment of Energy, to prescribe per- mittee at 224–2251. Mr. WARNER. Mr. President, I ask sonnel strengths for such fiscal year COMMITTEE ON INDIAN AFFAIRS unanimous consent that the Com- for the Armed Forces, and for other Mr. MCCAIN. Mr. President, I would mittee on Agriculture, Nutrition and purposes; which was ordered to lie on like to announce that the Committee Forestry be authorized to conduct a the table; as follows: on Indian Affairs will meet on Wednes- hearing during the session of the Sen- At the end of subtitle D of title III, add the day, June 21, 2006, at 9:30 a.m. in Room ate on Tuesday, June 13, 2006, at 10 a.m. following: 485 of the Russell Senate Office Build- in 328A, Senate Russell Office Building. SEC. 352. REPORT ON HIGH ALTITUDE AVIATION ing to conduct a hearing on S. 480, the The purpose of this committee hearing TRAINING SITE, EAGLE COUNTY, Thomasina E. Jordan Indian Tribes of will be to discuss United States De- COLORADO. Virginia Federal Recognition Act of partment of Agriculture Farm Loan (a) REPORT REQUIRED.—Not later than De- 2005, and S. 437, the Grand River Band Programs. cember 15, 2006, the Secretary of the Army of Ottawa Indians of Michigan Referral The PRESIDING OFFICER. Without shall submit to the congressional defense committees a report on the High Altitude Act. objection, it is so ordered. Aviation Training Site (HAATS) in Eagle Those wishing additional information COMMITTEE ON COMMERCE, SCIENCE, AND County, Colorado. may contact the Indian Affairs Com- TRANSPORTATION (b) ELEMENTS.—The report required by sub- mittee at 224–2251. Mr. WARNER. Mr. President. I ask section (a) shall include the following: COMMITTEE ON INDIAN AFFAIRS unanimous consent that the Senate (1) A description of the type of high alti- Mr. MCCAIN. Mr. President, I would Committee on Commerce, Science, and tude aviation training being conducted at Transportation be authorized to meet the High Altitude Aviation Training Site, in- like to announce that the Committee cluding the number of pilots who receive on Indian Affairs will meet on Thurs- on Tuesday, June 13, 2006, at 10 a.m. on such training on an annual basis and the day, June 22, 2006, at 9:30 a.m. in Room the Committee Update of S. 2686 Con- types of aircraft used in such training. 485 of the Russell Senate Office Build- sumer’s Choice and Broadband Deploy- (2) A description of the number and type of ing to conduct a business meeting vot- ment Act of 2006. helicopters required at the High Altitude ing out the report on the Indian Lob- The PRESIDING OFFICER. Without Aviation Training Site to provide the high bying Misconduct Investigation, and objection, it is so ordered. altitude aviation training needed to sustain COMMITTEE ON FINANCE the war strategies contained in the 2006 other pending matters. Quadrennial Defense Review, assuming that Those wishing additional information Mr. WARNER. Mr. President, I ask priority is afforded in the provision of such may contact the Indian Affairs Com- unanimous consent that the Com- training to commanders, instructor pilots, mittee at 224–2251. mittee on Finance be authorized to aviation safety officers, and deploying units. COMMITTEE ON INDIAN AFFAIRS meet during the session on Tuesday, (3) A thorough evaluation of accident rates Mr. MCCAIN. Mr. President, I would June 13, 2006, at 10 a.m., in 215 Dirksen for deployed helicopter pilots of the Army like to announce that the Committee Senate Office Building, to hear testi- who receive high altitude aviation training mony on ‘‘A Tune-Up On Corporate Tax at the High Altitude Aviation Training Site, on Indian Affairs will meet on Wednes- and accident rates for deployed Army heli- day, June 28, 2006, at 9:30 a.m. in Room Issues: What’s Going On Under The copter pilots who did not receive such train- 485 of the Russell Senate Office Build- Hood?’’ ing, including the following: ing to conduct an oversight hearing on The PRESIDING OFFICER. Without (A) An estimate (set forth as a range) of Native American Housing Programs. objection, it is so ordered. the number of accidents attributable to Those wishing additional information COMMITTEE ON FOREIGN RELATIONS power management. may contact the Indian Affairs Com- Mr. WARNER. Mr. President, I ask (B) The number of accidents occurring in a combat environment. mittee at 224–2251. unanimous consent that the Com- (C) The number of accidents occurring in a SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS mittee on Foreign Relations be author- non-combat environment. Mr. CRAIG. Mr. President, I would ized to meet during the session of the (4) An evaluation of the inventory and like to announce for the information of Senate on Tuesday, June 13, 2006, at availability of Army aircraft for purposes of the Senate and the public that a hear- 9:30 a.m., to hold a hearing on establishing an appropriate schedule for the ing has been scheduled before the Sub- ‘‘Counterterrorism: The Changing Face assignment of a CH–47 aircraft to the High committee on Public Lands and For- of Terror.’’ Altitude Aviation Training Site. The PRESIDING OFFICER. Without (5) A description of the status of efforts to ests of the Committee on Energy and ensure that all helicopter aircrews deployed Natural Resources. objection, it is so ordered. to the area of responsibility of the Central The hearing will be held on Wednes- COMMITTEE ON THE JUDICIARY Command (CENTCOM AOR) are qualified in day, June 21st, at 2:30 p.m. in room SD– Mr. WARNER. Mr. President, I ask mountain flight and power management 366 of the Dirksen Senate Office Build- unanimous consent that the Senate through the High Altitude Aviation Training ing. Committee on the Judiciary be author- Site prior to deployment, with particular The purpose of the hearing is to re- ized to meet to conduct a hearing on focus on the status of such efforts with respect to aircrews to be deployed in support of view the Government Accountability ‘‘Examining the Continuing Need for Operation Enduring Freedom. Office report entitled ‘‘Wildland Fire Voting Rights Act Section 203’s Provi- (c) TRACKING SYSTEM.—The Secretary shall Suppression—Lack of Clear Guidance sions Regarding Bilingual Election Ma- implement a system for tracking the train- Raises Concerns about Cost Sharing be- terials’’ on Tuesday, June 13, 2006, at

VerDate Aug 31 2005 02:14 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JN6.070 S13JNPT1 hmoore on PROD1PC68 with HMSENATE June 13, 2006 CONGRESSIONAL RECORD — SENATE S5819 9:30 a.m., in Dirksen Senate Office Mr. SMITH. Mr. President, I ask H.R. 4939, the emergency supplemental Building Room 226. unanimous consent that Matt Good- appropriations bill, as under the pre- man and Jonathan Price, interns in my vious order. Witness List office, be granted the privileges of the The PRESIDING OFFICER. Without Panel I: John Transvin˜ a, President, floor for the remainder of the day. objection, it is so ordered. Mexican American Legal Defense and The ACTING PRESIDENT pro tem- f Education Fund (MALDEF), Los Ange- pore. Without objection, it is so or- les, CA; Margaret Fung, Executive Di- dered. PROGRAM rector, Asian American Legal Defense and Education Fund, New York, NY; f Mr. COCHRAN. Today the Senate continued to debate the Department of Mauro E. Mujica, Chairman of the EXECUTIVE SESSION Board and CEO, U.S. English, Wash- Defense authorization bill. There are ington, DC; Deborah Wright, Acting two amendments pending, and the chairman will be working with the Assistant Registrar-Recorder, Depart- EXECUTIVE CALENDAR ment of Registrar-Recorder, Los Ange- ranking member to dispose of those Mr. COCHRAN. Mr. President, I ask les, CA; Peter N. Kirsanow, Member, amendments. Senators who have unanimous consent that the Senate im- National Labor Relations Board, Com- amendments to this bill are encouraged mediately proceed to executive session missioner, United States Commission to work with the bill managers in order to consider the following nomination on Civil Rights, Cleveland, OH. to get their amendments lined up to be The PRESIDING OFFICER. Without on today’s executive calendar: No. 705, offered. We have briefly interrupted objection, it is so ordered. Charles Rosenberg. I further ask unani- work on this bill to turn to the emer- mous consent that the nomination be SELECT COMMITTEE ON INTELLIGENCE gency supplemental appropriations Mr. WARNER. Mr. President, I ask confirmed, the motion to reconsider be conference report that was made avail- unanimous consent that the Select laid upon the table, the President be able earlier today. The vote on the con- Committee on Intelligence be author- immediately notified of the Senate’s ference report will occur at 10 a.m. on ized to meet during the session of the action, and the Senate then return to Thursday morning. Additional votes Senate on June 13, 2006, at 2:30 p.m., to legislative session. will also occur on Wednesday relating hold a closed briefing. The PRESIDING OFFICER. Without to Defense authorization amendments. objection, it is so ordered. The PRESIDING OFFICER. Without f objection, it is so ordered. The nomination considered and con- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- firmed is as follows: UNANIMOUS CONSENT AGEMENT, GOVERNMENT INFORMATION, AND DEPARTMENT OF JUSTICE AGREEMENT—H.R. 4939 INTERNATIONAL SECURITY Charles P. Rosenberg, of Virginia, to be Mr. COCHRAN. Mr. President, I ask Mr. WARNER. Mr. President, I ask United States Attorney for the Eastern Dis- unanimous consent that the 75 minutes unanimous consent that the Com- trict of Virginia for the term of four years. controlled by the ranking member on mittee on Homeland and Governmental f the supplemental appropriations con- Affairs’ Subcommittee on Federal Fi- ference report be controlled as follows: nancial Management, Government In- LEGISLATIVE SESSION Mr. REID, 10 minutes; Ms. LANDRIEU, 20 formation, and International Security The PRESIDING OFFICER. Under minutes; Mr. DURBIN, 15 minutes; Mr. be authorized to meet on Tuesday, the previous order, the Senate will now DAYTON, 10 minutes; Mr. HARKIN, 15 June 13, 2006, at 2:30 p.m., for a hearing return to legislative session. minutes; Mr. AKAKA, 5 minutes. regarding ‘‘Autopilot Budgeting: Will f The PRESIDING OFFICER. Without Congress Ever Respond to Government objection, it is so ordered. Performance Data?’’ ORDERS FOR WEDNESDAY, JUNE The PRESIDING OFFICER. Without 14, 2006 f objection, it is so ordered. Mr. COCHRAN. Mr. President, I ask ADJOURNMENT UNTIL 9:30 A.M. f unanimous consent that when the Sen- TOMORROW PRIVILEGES OF THE FLOOR ate completes its business today, it Mr. COCHRAN. Mr. President, if Mr. INHOFE. Mr. President, I ask stand in adjournment until 9:30 a.m. on there is no further business to come be- unanimous consent that a military fel- Wednesday, June 14. I further ask that fore the Senate, I ask unanimous con- low, Scott Fisher, be granted floor following the prayer and pledge, the sent the Senate stand in adjournment privileges during the duration of our morning hour be deemed expired, the under the previous order. consideration of the Defense authoriza- Journal of proceedings be approved to There being no objection, the Senate, tion bill. date, the time for the two leaders be at 7:15 p.m., adjourned until June 14, The PRESIDING OFFICER. Without reserved, and the Senate proceed to a 2006, at 9:30 a.m. period of morning business for up to 30 objection, it is so ordered. f Mr. LEVIN. Mr. President, I ask minutes with the first 15 minutes unanimous consent that Dr. Jonathan under the control of the Democratic CONFIRMATION Epstein, a legislative fellow in Senator leader or his designee and the final 15 Executive nomination confirmed by BINGAMAN’s office, be given floor privi- minutes under the control of the ma- the Senate Tuesday, June 13, 2006: leges during the pendency of S. 2766 jority leader or his designee; further DEPARTMENT OF JUSTICE and any votes thereon. that following morning business, the The PRESIDING OFFICER. Without Senate then resume consideration of CHARLES P. ROSENBERG, OF VIRGINIA, TO BE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF VIR- objection, it is so ordered. the conference report to accompany GINIA FOR THE TERM OF FOUR YEARS.

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REFINERY PERMIT PROCESS communities. I am confident that current law Chamber of Commerce, realized that only one SCHEDULE ACT sufficiently incentivizes refinery construction woman was recognized for excellence in her and that the oil industry, with record profits, Chamber in 75 years. Since its inception in SPEECH OF can appropriately seek land and locations to Michigan, thousands of ATHENA Awards have HON. MADELEINE Z. BORDALLO construct these resources without having to been presented throughout North America, rely upon land on closed military installations. OF GUAM Eastern Europe, Asia, and the Middle East. I might add that on Guam, H.R. 5254 is re- IN THE HOUSE OF REPRESENTATIVES dundant. Shell Guam, with a large presence The Greater Wilkes-Barre Chamber has Wednesday, June 7, 2006 on Guam, has repeatedly offered the Depart- honored local women for their achievements Ms. BORDALLO. Mr. Speaker, I rise today ment of Defense the ability to lease both sig- since 1985. MotorWorld Automotive Group to address H.R. 5254. While I join my col- nificant storage facilities and refining capacity has remained a sponsor of the Greater leagues in recognizing the need for resolving available on the island. The Department of Wilkes-Barre Chamber’s ATHENA Award dur- our Nation’s problematic energy situation, I Defense has never acted on this opportunity ing that tenure. fear this bill may seek a solution by way of nor responded to the invitation. shortcuts that will only exacerbate the problem Mr. Speaker, in closing, I note that there is Dr. Donohue oversees a $36 million budget or develop new ones. currently nothing that prevents the building of and remains active in the community volun- I believe most importantly that this bill prob- refineries on closed bases if a community teering her time with several organizations. lematically interferes with past base closure chooses to do so. It is my understanding She has spent countless hours providing guid- and realignment (BRAC) rounds. If nothing some communities with a closed base may ance and mentorship to female professionals else, the bill will take away the legal right of even desire to host a refinery. But it should be and young women. communities to determine how local bases will their choice, not the sole decision of the fed- Dr. Donohue is a member of the board of be redeveloped. This is inconsistent with the eral government imposed on the local commu- directors of the Luzerne Foundation, Osterhout principles this Congress has stood for when it nity. Those American communities already comes to the base closure process and it is stricken by the economic pains of base clo- Free Library, F.M. Kirby Center and the Great- inconsistent with enabling local entities to seek sure should not and cannot now find that their er Wilkes-Barre Chamber. She is a member of what is best for their local communities in- reliance on BRAC law that enables community the Council of Presidents of Luzerne County stead of having those in Washington choose it choices on how to redevelop land on closed and serves on the board and executive com- for them. bases will have been faulty. I do not believe mittee of the Joint Urban Studies Center. Some communities face the possibility of that our country’s energy situation can be Dr. Donohue has made a lifelong commit- having the power to determine how best to uti- solved at the expense of these communities ment to Girl Scouting and serves on the Exec- lize lands on closed bases stripped away from and therefore am deeply concerned about utive Committee of the Girl Scouts of Penn’s them and given to the Secretary of Defense. H.R. 5254. This would jeopardize plans these commu- I join my colleagues in their concern with Woods Council. She served as the first chair nities have already developed, including our country’s over-reliance on oil, about our of the NEPA Technology Institute and is a projects for which they have already invested lack of refining capacity and about the need to graduate of the Leadership Wilkes-Barre Ex- time and money. Expectations of entire local develop policy to overcome these challenges. ecutive Leadership program and the Lacka- governments and public constituencies could Unfortunately, H.R. 5254 goes too far and in wanna Leadership Executive Program. be jeopardized. This is not good government. the wrong direction in an attempt to address She is a member of the National Institute for The BRAC process has followed a simple these challenges. Leadership Development and has sponsored/ and important principle associated with base f mentored more than 50 women for leadership closure: that the transformation of military installations to civilian use, once properly closed CONGRATULATING DR. PATRICIA training. Dr. Donohue serves on the Board of and environmentally cleaned up by the Fed- DONOHUE FOR BEING NAMED the American Association of Women in Com- eral Government, is best left in the hands of RECIPIENT OF THE WILKES- munity Colleges and on the United Way Cam- the community, not the Federal Government. BARRE CHAMBER OF BUSINESS paign Cabinet. AND INDUSTRY’S ATHENA H.R. 5254 would deprive some communities of Among her many awards are the Out- AWARD this critical option and undercut this principle. standing Leadership Award from the American A closed military base on Guam has been Association of University Women, Harrisburg converted into the Antonio B. Won Pat Inter- HON. PAUL E. KANJORSKI and the Central Penn Technology Council’s national Airport (GIAA). It is a crucial trade OF PENNSYLVANIA Outstanding Service Award. She has been and transportation hub in the Western Pacific IN THE HOUSE OF REPRESENTATIVES Region today. Interfering with the process that recognized by Who’s Who in America and the enables successes like the conversion to a Tuesday, June 13, 2006 Outstanding Young Women of America and is commercial airport on Guam, a process that is Mr. KANJORSKI. Mr. Speaker, I rise today the recipient of the Outstanding Service Award often a difficult one for communities faced with to ask you and my esteemed colleagues in the from the American Cancer Society, the Merit job losses and lost economic expenditures House of Representatives to pay tribute to Dr. Recognition Award from Harrisburg Area Com- from base personnel, is bad policy. Patricia Donohue, president of the Luzerne munity College, and was named Community This bill nonetheless would give the Depart- County Community College, in Nanticoke, Woman of the Year by the American Business ment of Defense the ability to flaunt BRAC law Pennsylvania, who was a recipient of the Women’s Association. and the BRAC process by allowing the Sec- Wilkes-Barre Chamber of Business and Indus- retary of Defense to designate three pre- try’s prestigious ‘‘Athena Award.’’ Mr. Speaker, please join me in congratu- viously closed bases for the construction of oil The Athena Award honors women who lating Dr. Donohue on this important occasion. refineries, themselves assets our Nation does show excellence in business accomplish- Dr. Donohue’s commitment to the advance- need to grow, that could then be transferred to ments, community service, personal achievement of women and her devotion to commu- oil companies, potentially at no cost, irrespec- ments, and assisting the efforts of other nity service have enhanced the quality of life tive of local redevelopment plans, irrespective women working toward their full leadership po- greatly in the Wyoming Valley. It is fitting, in- of environmental cleanup needed at the base tential. deed, that she be selected for this unique and irrespective of community desires and The concept started in 1980 when Martha honor. previous planning. I do not support the con- Mayhood Mertz, then serving on the Board of struction of refineries at the expense of local Directors of the Lansing Michigan Regional

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

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.048 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1128 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 TRIBUTE TO NATIONAL IN HONOR OF THE 25TH ANNIVER- are family members of someone living with ASSOCIATION OF THE WOLVES SARY OF THE CORNELIA DE CdLS. LANGE SYNDROME FOUNDATION Mr. Speaker, I am proud that an organiza- HON. MELISSA A. HART tion with such integrity and willingness to help OF PENNSYLVANIA HON. NANCY L. JOHNSON their fellow citizens has called Avon, CT its OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES home. I ask my colleagues to join me in IN THE HOUSE OF REPRESENTATIVES thanking and recognizing the Cornelia de Tuesday, June 13, 2006 Tuesday, June 13, 2006 Lange Syndrome Foundation for its tremen- Ms. HART. Mr. Speaker, I would like to take Mrs. JOHNSON of Connecticut. Mr. Speak- dous efforts. this opportunity to recognize the National As- er, I rise today to recognize and congratulate sociation of the Wolves and its member dens the Cornelia de Lange Syndrome Foundation f for all of their work in the community. on its 25th anniversary of Reaching Out, Pro- The National Association of the Wolves was viding Help and Giving Hope to children and PAYING TRIBUTE TO DR. TOMMY founded approximately seventy-five years ago their families across the country. CROOKS by a group of Italian-American businessmen in The CdLS Foundation is an outstanding or- New Castle, Pennsylvania. With over 400 ganization that has been serving people and members in 14 dens (12 in Western Pennsyl- families living with Cornelia de Lange Syn- HON. SPENCER BACHUS vania and 2 in Eastern Ohio), the Wolves pro- drome since 1981. Their national headquarters OF ALABAMA motes higher education among high school is located in the Fifth District of Connecticut, IN THE HOUSE OF REPRESENTATIVES students by awarding college scholarships. which I represent. The Foundation is a non- Over the years, the National Association of the profit, family-support organization that works to Tuesday, June 13, 2006 Wolves has raised over $6.1 million for 2,537 promote early and accurate diagnosis of students. In addition to providing scholarships, CdLS, advance research into the causes of Mr. BACHUS. Mr. Speaker, doctors of op- the Wolves have established endowments at the condition, and assist those with CdLS tometry from around the Nation will convene in colleges and universities across Western throughout their lives. Their efforts impact the Las Vegas, NV, June 22–26 for the American Pennsylvania. lives of people throughout the United States. Optometric Association’s 109th annual con- The National Association of the Wolves will Mr. Speaker, CdLS is a congenital condi- vention. On Saturday, June 24, they will elect hold their national convention August 18 and tion, which means it is present from birth. It Dr. Tommy Crooks as the association’s 85th 19, 2006 at the Avalon Inn in Warren, Ohio. impacts on virtually all of a person’s being. president. I ask my colleagues in the United States Physical and mental manifestations of CdLS Doctors of optometry are the Nation’s larg- House of Representatives to join me in recog- may include: missing limbs or fingers; severe est eye care profession, serving patients in nizing the National Association of the Wolves. reflux; feeding difficulties; cleft palate; eye nearly 6,500 communities across the country, It is an honor to represent the Fourth Con- problems; hearing loss; seizures; and behav- gressional District of Pennsylvania and a ioral issues. Overall, cognitive and physical in more than 3,500 of these communities; they pleasure to salute such a dedicated group like development is slowed, and delays in speech are the only eye doctors. The American Opto- the National Association of the Wolves. and communication are even more pro- metric Association is the professional society nounced. for optometrists nationwide and has more than f The foundation celebrated a medical and 34,000 members. Dr. Crooks will lead the association on its mission to improve eye and vi- PERSONAL EXPLANATION scientific breakthrough in April 2004 when a research team led by scientists at the Chil- sion care in the United States. dren’s Hospital of Philadelphia identified a Dr. Crooks is a resident of Birmingham, AL. HON. TIMOTHY V. JOHNSON gene on chromosome 5 that, when mutated, He is a native son, a 1975 graduate of the OF ILLINOIS causes CdLS. NIH recently made a substantial University of Alabama and a 1979 graduate of IN THE HOUSE OF REPRESENTATIVES grant to support continued research designed the University of Alabama’s School of Optom- Tuesday, June 13, 2006 to help families and scientists alike understand etry who has practiced optometry in our State the cause of CdLS and improve care for peo- for 27 years. He is currently president and Mr. JOHNSON of Illinois. Mr. Speaker, I rise ple living with this diagnosis. CEO of Eyecare Associates, Inc., in Bir- today to explain my missed votes of yesterday As a result of this discovery, we now know mingham, AL, a group practice consisting of June 12, 2006. Unfortunately, due to mainte- that CdLS affects approximately 1 in 10,000 19 locations and 33 doctors. nance problems with numerous airplanes I live births, and it is thought to be present in as was not able to arrive into Washington, DC many as 20,000 children who have not been Dr. Crooks has been a leader in his profes- until the votes had already closed. Had I been diagnosed. The foundation faces a significant sion at the State, regional and national levels. here for rollcall votes 521, 522, 523, 524, and challenge as it attempts to reach out to fami- He has been a member of the Alabama Opto- 525 I would have voted aye on all 5 votes. lies who have a child with CdLS, especially metric Association since 1979, serving as Mr. Speaker, for far too long the Nation of those with more mild cases. Interventions and president in 1990. In 1985, the Alabama Opto- China has had a record of abusive and abhor- strategies for managing the syndrome and metric Association named Dr. Crooks Alabama rent human rights violations. I am pleased that caring for these children can only be utilized Optometrist of the Year. He is also a past H. Res. 608, H. Res. 804, and H. Res. 794 once the presence of the syndrome has been president of the Southern Council of Optom- were brought to the House floor to bring atten- confirmed. etrists and the Birmingham Area Optometric tion to the continued religious persecution and In order to raise the visibility of the syn- Society and in 1990 was named University of to remember the horrible events in Tiananmen drome, the foundation distributes publications Alabama-Birmingham Alumnus of the Year. Square. We must continue to hold China ac- to families and medical professionals, and At the national level, Dr. Crooks has been a countable for its actions and these resolutions hosts meetings and conferences where remember of American Optometric Association, were a step in the right direction. searchers and families can meet to exchange AOA, since 1979, and has served in the asso- I am also glad that H. Con. Res. 338 was information. The foundation also acts as a ciation’s volunteer structure since 1989. He brought to the floor again calling on the na- facilitator between families and the medical was elected to the AOA Board of Trustees in tions of the Western Hemisphere to work to- community, utilizing the expertise of its Clinical 1999 and was re-elected in 2002. gether in combating Islamist terrorist organiza- Advisory Board, a team of more than 40 clin- tions. Terrorism will never be an issue on ical and education professionals who act as Dr. Tommy Crooks has built a distinguished which we can rest and we must ensure that all on-call advisors. record of service and leadership in his profes- nations are working together to secure our Once a family understands that their child sion and in his community. I am confident that borders and our nations against terrorist activi- has been touched by the syndrome, the foun- he will have a very successful term as presi- ties. dation relies on its strong volunteer network to dent of the American Optometric Association. Again, I am sorry I was unable to be here support children and families affected by I join his wife Kaye and their two sons, his for the votes on June 12, 2006, but I hope this CdLS, as well as educate local community friends and colleagues in congratulating him explanation adequately conveys my support members, government officials, and media on this achievement and wishing him good for these 5 votes. about the syndrome. Most of these volunteers luck and good health.

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.002 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1129 RECOGNIZING THE INDUCTION OF In August 2004, the band celebrated their TRIBUTE TO JEWISH AMERICAN LIEUTENANT COLONEL FRED H. 25th anniversary. This past May they released HERITAGE MONTH CARLEY INTO THE MOBILE, AL, the album ‘‘Ellwood City’’. The title track HALL OF FAME ‘‘Ellwood City’’ is reminiscent of Iris’s child- HON. DEBBIE WASSERMAN SCHULTZ hood growing up in the area. On Saturday, OF FLORIDA HON. JEFF MILLER June 17, 2006 Armstrong cable is hosting an IN THE HOUSE OF REPRESENTATIVES OF FLORIDA event honoring the musical achievements of Tuesday, June 13, 2006 IN THE HOUSE OF REPRESENTATIVES Donnie Iris at the Folino Entertainment Stage Tuesday, June 13, 2006 in Ewing Park. Ms. WASSERMAN SCHULTZ. Mr. Speaker, I ask my colleagues in the United States I rise today to reflect on the inaugural Jewish Mr. MILLER of Florida. Mr. Speaker, it is a House of Representatives to join me in recog- American Heritage Month, which was cele- great honor for me to rise today to extend my nizing Donnie Iris and all of his musical and brated across the country throughout the congratulations to LTC Fred H. Carley for his entertainment accomplishments. It is an honor month of May. With the history of racial intol- induction into the Mobile Alabama Hall of to represent the Fourth Congressional District erance our country has witnessed, I believe Fame. As a resident in my district, Mr. Carley of Pennsylvania. we must remain steadfast in providing future has left a great and lasting impact on North- generations opportunities to learn about the west Florida and Southeastern Alabama. f varied faiths and cultures that make this coun- Fred Carley has always served as an active try so great. member in his community, be it encouraging CONGRATULATING THE GREATER I am especially pleased that my colleague young people through physical fitness and ac- HAZLETON CAN-DO ON ITS 50TH Congressman JOE BACA hosted a Special tivities or proudly serving his country as an of- ANNIVERSARY Order condemning hate crimes and racial in- ficer in the Air Force. A native of the Fowl tolerance. We must fight intolerance and stop River community in south Mobile County, AL, HON. PAUL E. KANJORSKI the spread of hate-inspired acts and images, Fred Carley earned three degrees during his and I thank Congressman BACA for leading two active military tours at Auburn University, OF PENNSYLVANIA this important discussion. where he excelled in athletics, the arts, and IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we have seen how the na- academics. Tuesday, June 13, 2006 tional observance of Black History Month and During his professional career as an engi- Hispanic Heritage Month have brought, neer, he still found time to coach both the Mr. KANJORSKI. Mr. Speaker, I rise today through education, greater awareness of the Murphy High School and University of South to ask you and my esteemed colleagues in the African American and Hispanic communities’ Alabama track and cross-country teams, which House of Representatives to pay tribute to the contributions to our country. This past May, went on to win many awards. Since his trans- Greater Hazleton CAN-DO organization on the the many accomplishments of American Jews fer to Eglin Air Force Base in 1969, Fred occasion of its 50th anniversary. were recognized by the proclamation of Jew- Carley has contributed to the fitness and well- In 1956, when the deep anthracite coal ish American Heritage Month, issued by Presi- being of countless young athletes in Northwest mines were closing and regional unemploy- dent Bush. Florida, often leading them to national records ment reached 30 percent, Dr. Edgar Dessen, When the Jewish community in Miami ap- and championships. He has also served as a a local radiologist, formed a new committee to proached me with the idea to help designate member of the Senior Bowl Committee, investigate how best to go about economic de- a month to honor the contributions of Amer- SEAAU chairman of athletics, and president of velopment. ican Jews, I realized the potential impact of the Air Force Engineering Association. this endeavor. It is my hope that Jewish Amer- Lieutenant Colonel Carley has received Realizing that they would need funds to pursue their objectives, they began collecting ican Heritage Month will make a difference in many awards for his achievements. He was the fight against anti-Semitism. honored with the Presidential Physical Fitness dimes solicited from the regional citizenry. The unusual fundraiser netted about $14,000, To those who would teach hate to their chil- Leadership Award, selected as 1 of 12 in the dren, it might surprise them to learn that a Nation, in 1964. He was also elected to the enough to buy more than 800 acres of land that became the Valmont Industrial Park. Jewish man, Haym Salomon, was one of the U.S. Military Packaging Hall of Fame for his largest financiers of the American Revolu- work with the Department of Defense. Eventually, it would grow into a 4,000–acre industrial corridor that would need major invest- tionary War. To those who would paint graffiti Mr. Speaker, the dedication that Frank on Jewish buildings, they should know that Carley has shown to his students, community, ment for infrastructure. Dr. Dessen set a goal of $500,000 to be they have benefited from advances in medi- and country is immeasurable. His service as a cine, trends in popular culture, and techno- coach, mentor, U.S. Air Force officer, and en- raised in three weeks. A local banker told him ‘‘You can’t do that!’’ But, he replied, ‘‘Yes, we logical inventions, all developed by many fa- gineer has benefited so many in Florida’s First mous and not-so-famous American Jews. District and its surrounding areas for over 50 can do.’’ Thus was born the CAN-DO organization, an acronym that preceded the title Fortunately, we have leaders in government, years. I congratulate LTC Frank Carley for his the business community, law enforcement, induction into the Mobile Alabama Hall of which later was proclaimed to be the ‘‘Com- munity Area New Development Organization.’’ and education who work to eliminate hateful Fame and wish to thank him on behalf of the words and actions and encourage acceptance Indeed, in that first major fundraiser, CAN- United States Congress for serving as a and sensitivity to diversity. DO did not raise $500,000; it raised $740,000. strong role model for generations to come. I am grateful to my colleagues who recog- Two more fund drives followed. One yielded f nized the benefits that Jewish American Herit- $830,000, while the second raised $710,000. TRIBUTE TO DONNIE IRIS age Month would bring to the country, and I The Valmont Industrial Park development thank them for their unanimous support. HON. MELISSA A. HART was so successful that CAN-DO eventually ac- Mr. Speaker, thank you for your support and quired 1,150 more acres of land and created commitment. Throughout the process, you OF PENNSYLVANIA the Humboldt Industrial Park nearby. were an instrumental and invaluable advocate. IN THE HOUSE OF REPRESENTATIVES Over the years, CAN-DO has been respon- Leader PELOSI, Whip HOYER, and Congress- Tuesday, June 13, 2006 sible for the development of over 3,500 acres man WAXMAN, thank you for your leadership Ms. HART. Mr. Speaker, I would like to take for economic development, created 20,000 and guidance. this opportunity to recognize Donnie Iris, an new jobs, increased the area’s payroll by $240 And I’d especially like to thank Chairman entertainer who hails from my district, Beaver million, leveraged private investment of more HENRY HYDE—who was the lead Republican Falls, Pennsylvania. than $1.5 billion, and increased the local tax cosponsor of the House resolution. Donnie Iris, a singer, first learned how to base by 20 percent. Chairman HYDE helped immensely with sing from his mother. In 1970, as a member Mr. Speaker, please join me in congratu- spreading awareness of this resolution to our of the Jaggerz, he earned a gold record for lating the CAN-DO organization on this auspi- colleagues and the White House. I’d also like writing and singing the song ‘‘The Rapper’’. cious occasion. Those associated with CAN- to acknowledge and thank Senator ARLEN He then formed ‘‘Donnie Iris and the Cruisers’’ DO over the past 50 years have made signifi- SPECTER who introduced and worked to pass with his friend Mark Avsec. The band had the cant contributions to the quality of life in the identical legislation in the Senate. And once hit song ‘‘My Girl’’ and began to tour non-stop greater Hazleton area and, for that, we should again, I would like to thank my colleagues, in 1980. all be grateful. who unanimously passed the resolution.

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.006 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1130 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 The amount of support for this initiative has he was followed by tens of thousands of Jews, restoration initiative to ensure the build- been nothing short of inspirational: all of whom have become part of our commu- ings’ existence for many years to come. The As the inaugural Jewish American Heritage nity’s history. Their lives and deeds tell a building stands as a reminder of where we unique story of both a hometown and a cap- Month comes to an end, national prominence came from and its legacy, an important part ital city. of where we are going. of American Jewish heritage continues in com- The story of Washington’s Jewish commu- You can learn more about our community munities across the country. In fact, many nity is in many ways similar to that in other at a comprehensive exhibit now on display at Jewish communities began their observances communities across the country. Many of the National Building Museum through July even prior to May. Washington’s early Jews, my great grand- 4th. This exhibit, Jewish Washington: Scrap- At the end of April, the Jewish Museum of father among them, arrived in port cities book of An American Community, recounts Florida held a press conference with several and to avoid the sweatshops of New York and the role that Washington area Jews have Chicago made their way to DC to open small played in American Jewish life and in the community leaders to announce the Proclama- Mom & Pop shops— groceries, furniture tion’s release. nation’s history. stores, tailors, jewelers. The presence of the This past year, Representative Wasserman At the beginning of May, the American Jew- federal government had a profound effect. Schultz and members of her district coordi- ish Committee incorporated a celebration of Their clientele included Presidents, Supreme nated a nationwide effort to support passage Jewish American Heritage Month into their Court Justices and Congressmen. The few of a resolution calling for a Jewish American 100th Anniversary celebration here in Wash- who served in the federal government for the Heritage month. They were joined in their ington. century preceding the New Deal gave way to efforts by Representative Hyde and Senator On May 11th, the National Museum of a wave of young intellectuals who arrived to Specter resulting in unanimous approval, in serve a burgeoning federal government in the American Jewish History in Philadelphia hon- both houses of Congress for the resolution. 1930s and ’40s. In April, President Bush signed the procla- ored Senator SPECTER and celebrated the es- By the 1950s many of the small shops had mation declaring the inauguration of Jewish tablishment of Jewish American Heritage grown into large downtown department American Heritage Month in May. stores, Hecht’s, Landsburgh’s and Kann’s or Month at their annual gala dinner. On May We have gathered to celebrate this Presi- other stores that spread with the community 23rd, the Jewish Historical Society of Greater dential Proclamation and to honor the three to the suburbs. Along the way the Jewish Washington hosted a breakfast reception in members of Congress who introduced the res- community organized synagogues and Jew- olution supporting that proclamation: the Capitol where several Members including ish communal organizations. Representatives HYDE, RANGEL, CARDIN, Continued growth and prosperity in the It is my pleasure to present each of them BERKLEY, and LEWIS. And just last week, post WWII era and into the ‘‘modern’’ era with a very special gift. Mayor Michael Bloomberg recognized the con- have created a community that spans three This is a tzedakah box that is a miniature clusion of the inaugural Jewish American Her- jurisdictions—DC and the Maryland and of the historic 1876 synagogue which our or- Northern Virginia suburbs and includes more ganization stewards. It was the first perma- itage Month at a Jewish Heritage New York nent home to Adas Israel Congregation. I event at Gracie Mansion. than 215,000 members. We are now the sixth largest Jewish community in the country. hope that it will remind you of our apprecia- Like so many of the ideas that generate in The Jewish Historical Society of Greater tion for your role in commemorating Jewish this body, the creation of Jewish American Washington is the nation’s central archives American Heritage. Heritage Month all started with one community for this special community. Our collections Congresswoman Debbie Wasserman that wanted to make a difference. are open to community members and re- Schultz, 20th District of Florida. I would like to thank two talented and dedi- searchers. Our programs, publications, and Congressman Henry Hyde, 6th District of cated women who helped lead this effort in exhibits recount our unique communal his- Illinois. tory—at once local and national. Senator Arlen Specter, State of Pennsyl- Miami: Marcia Zerivitz of the Jewish Museum We first learned of the effort to create a vania. of Florida and Judy Gilbert-Gould of the Jew- special month to call attention to Jewish We also would like to take this oppor- ish Community Relations Council of the Great- American heritage from a colleague, Marcia tunity to present a tzedakah box to Presi- er Miami Jewish Federation. Zerivitz, the dynamic director of the Jewish dent Bush and ask Jay Zeidman to accept on Finally, Mr. Speaker, I would like to thank Museum of Florida. It seemed to us entirely the president’s behalf. the Jewish Historical Society of Greater Wash- appropriate to mark the creation of this spe- I want to thank everyone for attending ington and its Lillian & Albert Small Jewish cial month by honoring the many represent- what we hope will become an annual event. atives and Senators—our friends and neigh- Museum, who brought the celebration of Jew- f bors—that introduced the Congressional Res- ish American Heritage Month to the Capitol olution that led to President Bush recently INTRODUCTION OF THE ‘‘SOLAR Building. proclaiming May 2006 as Jewish American UTILIZATION NOW (SUN) ACT OF I respectfully request that the remarks made History month. by their Executive Director Laura Apelbaum Presentation—Society President Peggy 2006’’ and their President Peggy Pearlstein be Pearlstein: Ms. Wasserman Schultz, Chair- man Hyde, Chairman Specter, special guests placed into the CONGRESSIONAL RECORD. HON. LAMAR S. SMITH and friends: May 23, 2006 Jewish Historical Society of In 1654, 23 Jews fled Recife, Brazil, and OF TEXAS Greater Washington event honoring the pres- landed in New Amsterdam (now lower Man- IN THE HOUSE OF REPRESENTATIVES idential proclamation of May as American hattan) in search of political and religious Tuesday, June 13, 2006 Jewish Heritage Month. freedom. These men, women, and children Laura Apelbaum, Executive Director: were the first of millions of Jews to seek ref- Mr. SMITH of Texas. Mr. Speaker, today I Good Morning. I am Laura Apelbaum, the uge in America—the vanguard of today’s have introduced the ‘‘Solar Utilization Now Executive Director of the Jewish Historical American Jewish community—now the larg- (SUN) Demonstration Act of 2006.’’ Society of Greater Washington and its Lil- est in the world. lian & Albert Small Jewish Museum. On be- The ‘‘SUN Act’’ encourages state govern- One hundred and thirty years ago on June ments and private industry to team up to apply half of our board of directors and members, 9, 1876, a small yet committed Jewish con- I want to welcome you today to this very gregation gathered to see their dreams of for federal grants. This will enable them to buy special event. building their own shul come to fruition. In solar energy panels at nearly half the cost. I think we all can appreciate that as Jews the presence of President Ulysses S. Grant, This bill is good for our energy security, na- living in America we are called upon to have they dedicated a small but beautiful syna- tional security and environmental security. a little bit of knowledge about a lot of his- gogue building that stands just at the foot of The answer to much of our energy needs tory—ancient history, biblical history, Tal- Capitol Hill at 3rd and G Streets, NW. comes up every morning. Solar power is mudic history, and Holocaust history to That building has been a witness to the clean, plentiful and has zero emissions and name just a few. Lesser known in our com- history of the Jewish community, our city munity and less well understood are the rich and our nation. It stands as a testament to zero waste. stories of American Jewish history—the sto- the endurance of our community and to the All states are eligible to participate and are ries beyond our own personal history that tie commitment we have to preserving and car- required to contribute at least 10 percent of us to the Jewish community and to the na- ing for our past as we face the future. the funding. The federal government matches tional American story. Our Jewish Historical Society is com- the grant at a maximum of 40 percent. The In 1795, shortly after the site of the na- mitted to restoring this special building and rest of the money comes from utilities or pri- tion’s capital was selected, the first Jew ar- to educating our community especially its vate industry. rived in the new federal district of Wash- youngest members about immigrant history, ington. Fittingly, he was a real estate devel- city history, and the continuing story of Congress has a responsibility to help pro- oper who built office townhouses for new fed- Jewish life in and around our capital city. mote this new technology and I am pleased eral government offices of the Department of To commemorate the 130th anniversary of that this bill already has significant bipartisan War and State. Over the next two centuries, our local treasure, we have begun a major support.

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.011 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1131 RECOGNIZING THE JAVITS-WAG- I ask my colleagues in the United States IN RECOGNITION OF HAYLEY NER-O’DAY PROGRAM AND THE House of Representatives to join me in con- HEATH FOR OUTSTANDING ACA- SAN ANTONIO LIGHTHOUSE FOR gratulating Hour of Power Full Gospel Taber- DEMIC ACHIEVEMENT THROUGH THE BLIND nacle, Inc. on its 30th Anniversary. It is an NATIONAL HISTORY DAY honor to represent the Fourth Congressional HON. CHARLES A. GONZALEZ District of Pennsylvania. HON. JEFF MILLER OF TEXAS OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, June 13, 2006 HONORING THE CITY OF MERIDEN, Tuesday, June 13, 2006 Mr. GONZALEZ. Mr. Speaker, I rise today in CONNECTICUT ON THE OCCASION Mr. MILLER of Florida. Mr. Speaker, it is a support of the Javits-Wagner-O’Day Program, OF ITS 200TH ANNIVERSARY great honor for me to rise today to extend my often referred to as JWOD. This important fed- congratulations to Hayley Heath, a student in eral program provides needed employment my district whose academic achievement in opportunities for people with disabilities. In HON. NANCY L. JOHNSON her National History Day project will be shared fact, JWOD provides more than 40,000 Ameri- OF CONNECTICUT with the Nation. cans who are blind, or who have other severe National History Day encourages students IN THE HOUSE OF REPRESENTATIVES disabilities, with the job skills and training nec- to examine the past in order to create a better essary to earn good wages and benefits, al- Tuesday, June 13, 2006 future. The students’ projects allow for cre- lowing them to gain greater independence and ativity in displays through exhibits, documen- quality of life. Mrs. JOHNSON of Connecticut. Mr. Speak- taries, and performances as they focus on a People with disabilities are often under- er, I rise today to honor the City of Meriden, specific event or time period in history. In served in this nation. They traditionally face an Connecticut, on the occasion of its 200th Anni- shaping America’s future leaders, educators unemployment rate of 70 percent, and thus versary on June 16, 2006. share a certain responsibility in allowing young rely heavily upon social support programs. This city was known as the North Farms people the opportunity to thoroughly examine JWOD empowers these Americans by helping area of nearby Wallingford until 1806, when it and analyze the subject of history. them enjoy full participation in their community was officially recognized as the Town of Meri- Hayley Heath, a student at the PATS Center and marketing their JWOD skills into other den. The 1800s saw the beginnings of what in Pensacola, Florida, is one student who is public or private sector jobs. This, in turn, in- would become a torrent of manufacturing ac- seizing this opportunity. Her National History creases their independence and self-esteem. tivity in the city. Belts, hoops, pewter, guns, Day project, entitled ‘‘Forcing Justice: James The National Industries for the Blind (NIB) cutlery, nails, buttons, lamps, ivory combs, tin Meredith Takes a Stand against Segregation and NISH work with local nonprofit organiza- ware, organs, coffee grinders, and silver—the at Ole Miss,’’ won her great recognition at the tions nationwide to create new employment product that would lend its luster to Meriden’s district and State levels. Hayley was chosen opportunities for people with blindness or se- reputation as the ‘‘Silver City’’—were all manu- as one of the twelve students selected from vere disabilities. Such efforts benefit my con- factured here. Stately mansions were con- over thousands of entries across the Nation to stituency in San Antonio, Texas. Dem- structed as manufacturers prospered. As the display her National History Day exhibit in the onstrating a superlative federal-private sector thriving city’s population grew to over 24,000 White House Visitor’s Center on June 15, partnership, NIB, NISH, and local nonprofits, in 1900, the Castle Craig was dedicated in 2006. such as San Antonio Lighthouse for the Blind, Hubbard Park and the Curtis Memorial Library Mr. Speaker, on behalf of the United States enhance opportunities for economic and per- opened soon thereafter. Congress, I would like to offer my sincere con- sonal independence for people who are blind gratulations to a student who serves as a In the 1920s, the airport was built and the or who have other severe disabilities, primarily shining example of the hope we invest in the downtown traffic tower erected. Although the through creating, sustaining, and improving future of our Nation. I congratulate Hayley for world wars and the depression brought hard- employment. her achievement and the recognition she will ships to the city as well as to the rest of the Through the JWOD program, San Antonio receive, and commend her for all of her hard country, in March 1944, Meriden was proudly Lighthouse for the Blind provides employment work and dedication. I join with the citizens of honored as ‘‘The Nation’s Ideal War Commu- opportunities and training for over 5,000 peo- Florida’s First District in wishing her the best nity’’ for its industrial and patriotic contributions ple each year with visual and other severe dis- in all her future endeavors and thanking her to the Nation. abilities. This enables them to lead more pro- teachers for their guidance as they continue to ductive and meaningful lives, support their During the mid-1900s, some of the city’s strive for academic excellence. families, and gain important work experience. older businesses, including International Sil- On behalf of people with disabilities, I recog- ver, moved or closed. Urban redevelopment f nize and honor the important contributions of changed the look of some sections, but the IN SUPPORT OF H.R. 850 JWOD and the San Antonio Lighthouse for the ‘‘pleasant valley’’—possibly the ancient mean- Blind. Their tireless work to enhance employing of the name Meriden—endured. Newly ar- ment opportunities for people with visual and riving immigrants added their own energy to HON. TIMOTHY V. JOHNSON other severe disabilities does a great service the growing town. Civic groups grew in num- OF ILLINOIS to the city of San Antonio and its citizens. bers and in service; daffodils, long planted at IN THE HOUSE OF REPRESENTATIVES f Hubbard Park, became the city’s official flower Tuesday, June 13, 2006 with the celebration of the inaugural Daffodil TRIBUTE TO HOUR OF POWER Festival in April 1978. Mr. JOHNSON of Illinois. Mr. Speaker, in FULL GOSPEL TABERNACLE, INC. the course of my excused absence from offi- In recent years, Meriden’s downtown has cial duties on Thursday, June 8, 2006, I re- HON. MELISSA A. HART undergone a renaissance, as a new hospital grettably missed the vote on the question of was erected and many corporate headquarters consideration of H. Res. 850, providing for OF PENNSYLVANIA relocated to the east side of town on Re- IN THE HOUSE OF REPRESENTATIVES consideration of the bill H.R. 5252, the Com- search Parkway. City manufacturing firms munications Opportunity, Promotion, and En- Tuesday, June 13, 2006 produce electronics, nuclear instruments, auto- hancement Act of 2006. A point of order arose Ms. HART. Mr. Speaker, I would like to take motive devices, plastics, gaskets, communica- on the grounds that the bill included unfunded this opportunity to congratulate the Hour of tions equipment, filters, vaccines, jewelry, mandates as defined by the Congressional Power Full Gospel Tabernacle, Inc. of Farrell, food, candy, pewter, tools, and machines. The Budget Office, CBO. Pennsylvania on its 30th anniversary. city is proud of its past as it eagerly embraces It was argued that based on supposed inter- On Saturday July 1, 2006 the Hour of its future. governmental mandates identified by CBO, the Power Full Gospel Tabernacle, Inc. will hold Mr. Speaker, I am proud to represent the threshold required under the rule for identi- its 30-year anniversary celebration at the city of Meriden in the United States House of fying the unfunded mandate had been met, Shenango Valley Senior Center in Hermitage, Representatives, and I extend my best wishes and thus was subject to a point of order. CBO Pennsylvania. At the celebration the church to the city and its citizens for another 200 stated that in implementation of the COPE will also hold a Recognition Banquet. years of prosperity. Act, new entrants along with incumbent cable

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.017 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1132 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 providers, while engaged in a national fran- now. In the interim, the Army was forced to Finally, I believe the administration must chise as proposed by the bill would be re- cut back on ordering spare parts and supplies begin to take responsibility for the full cost of quired to pay each franchise authority six per- and freeze civilian hires, among other con- the war in Iraq and consider these costs cent of their gross revenues as a fee to sup- straints. through the regular appropriations process. port use of local rights-of-way and local Public So I’m glad we’re finally focusing on this With the enactment of this supplemental, De- Education Government channels. This pay- legislation today, which includes funding for fense Department spending for operations in ment was seen as an unfunded mandate. military operations in Iraq and Afghanistan, as Afghanistan and Iraq will reach $400 billion, However, under all franchise agreements well as funding to train and equip the military with the majority of that provided for Iraq. across the country, companies are required to and police forces of those countries. I’m Even though we are now more than 3 years pay this type of fee in some form. It is not pleased that the conference report funds more into the conflict, virtually all of this money has something newly mandated. I believe that the up-armored Humvees, provides nearly $2 bil- been provided for Iraq as ‘‘emergency’’ fund- bill merely continues, and in most estimates, lion to procure and develop countermeasures ing and has not been offset. But there is no could exceed, the current flow of money from to prevent improvised explosive device attacks ‘‘emergency’’ here. So much of the costs are cable providers to local franchise authorities. on our troops in Iraq and Afghanistan, and predictable. Instead, by funding this war In doing this, I believe the bill’s authors in- funds the recently enhanced $100,000 death through supplementals, the Bush administra- tended to make sure that cities would not lose benefit for soldiers’ families. tion avoids having to make tough choices— revenue they counted on from local franchise I’m also pleased that—more than 9 months like raising taxes or making deep spending agreements, and I fully support that cause. after Hurricane Katrina struck—the conference cuts. The American people deserve greater Due to this, I would have supported the op- report includes funding for levee improve- candor from the administration about both the portunity to consider H.R. 5252, so that a true ments and for Community Development Block predictable costs as well as the anticipated debate could continue on the underlying provi- Grants for the Gulf Coast States. The report benefits of our undertakings in Iraq. I’ve at- sions of the bill. also includes important funding for pandemic tached a May editorial from the Rocky Moun- f flu preparedness and for border security. tain News that amplifies this point. I do have strong concerns about some Nonetheless, as I said, I will vote for this bill PERSONAL EXPLANATION things that are in this conference report and without hesitation because its prompt passage some things that were left out. is needed not just to support our men and HON. SPENCER BACHUS I am disappointed that it does not include women in uniform as they fight, but also to OF ALABAMA the additional funds that the Senate approved continue to lay the foundation for the harder IN THE HOUSE OF REPRESENTATIVES for work to reduce the increased danger of se- mission of stabilizing Iraq. vere wildfires in Colorado forests caused by Tuesday, June 13, 2006 [From the Rocky Mountain News, May 4, prolonged drought and insect infestations. 2006] After the Senate acted, I wrote the House Mr. BACHUS. Mr. Speaker, I was inadvert- A CRAZY WAY TO FUND THE WARS: IRAQ ently detained and missed rollcall votes No. conferees to point out that these factors have SPENDING IS NO LONGER AN ‘EMERGENCY’ 251–254. Had I been present I would have raised to emergency levels the risk to our A congressional emergency spending meas- voted ‘‘aye’’ on each. communities. I noted that hazardous-fuel re- ure is meant to be a quick response to sud- f duction projects can reduce that risk, and our den, unexpected and generally one-time State has hazardous fuels projects waiting to events, the Gulf Coast hurricanes being an WAIVING POINTS OF ORDER be implemented but lacking adequate funding excellent example. The emergency bills are AGAINST CONFERENCE REPORT to do so. Unfortunately, the conferees did not handled outside the regular budget process ON H.R. 4939, EMERGENCY SUP- include in the conference report the Senate- and under much looser rules. PLEMENTAL APPROPRIATIONS passed increase to the National Forest Sys- The wars in Iraq and Afghanistan, al- ACT FOR DEFENSE, THE GLOBAL though obviously serious, hardly qualify as tem to reduce the risk of catastrophic fires and emergencies in the normal sense. Yet that is WAR ON TERROR, AND HURRI- mitigate the effects of widespread insect infes- CANE RECOVERY, 2006 how the Bush administration and Congress tation. insist on funding them, even though we’re in I am also disappointed that the conference our fifth year on one and fourth year on the SPEECH OF report does not include language prohibiting other. HON. MARK UDALL permanent military bases in Iraq. The House- The result is that Congress has a poor grip on the wars’ costs and how they fit in with OF COLORADO passed bill contained a provision that I supported—H. Amdt. 750—which would ensure other competing budget priorities. And the IN THE HOUSE OF REPRESENTATIVES process has allowed Congress to avoid the that no funds in the bill would be used to enter Monday, June 12, 2006 question of how we are going to pay for those into a base agreement with the government of wars. Mr. UDALL of Colorado. Mr. Speaker, I will Iraq. The Senate-passed bill also contained a The Senate took advantage of the urgency vote for this defense supplemental without similar amendment—S. Amdt. 3855—which of the latest emergency funding bill for Iraq, hesitation, but with a number of concerns. would prohibit funds to establish permanent Afghanistan and hurricane relief to load it As I’ve said in the past, I opposed the reso- military bases in Iraq or to exercise control up with money for Hawaiian sugar growers, a lution authorizing the use of force in Iraq be- over the oil infrastructure or oil resources of Northrop Grumman shipyard, riverbank ero- cause I thought President Bush’s decision to Iraq. sion in California and farm relief, among begin military action in Iraq was premature. I But the conference report includes neither other largesse. A $92 billion bill is now around $108 billion. thought it would have been better to allow version of this language, which I find baffling, The wars are not going away. The presi- more time for other measures, including coer- since the clear will of both bodies was ex- dent himself has indicated we are likely to cive inspections, to accomplish the goal of dis- pressed through the passage of these amend- be in Iraq at least another 31⁄2 years. Its an- arming Saddam Hussein. However, Con- ments. Policymakers and experts across the nual cost has risen from $51 billion in 2003 to gress—by adopting the resolution authorizing political spectrum agree that the U.S. should $102 billion this year, and the meter is run- the use of force—left it to the President to de- make clear that it does not seek a permanent ning at about $9 billion a month. In a few cide if and when military action would begin. military presence in Iraq. GEN. George Casey weeks the total will surpass $320 billion, and But with our troops still in the field, actively has testified that gradually lowering the visi- Congress’ analysts estimate that even if troop withdrawals begin this year, a best- engaged in operations that Congress has au- bility of U.S. troops will remove one of the ele- case scenario, the costs of a phase-out in thorized, we have an obligation to fund those ments fueling the insurgency. And Defense Iraq and Afghanistan will run an additional operations. I won’t make our soldiers the vic- Secretary Donald Rumsfeld has testified that, $371 billion. tims of my regrets by failing to support this bill ‘‘We have no desire to have our forces perma- As was done in previous wars, the expected to provide them what they need to carry out nently in that country. We have no plans or no cost of Iraq and Afghanistan should be sub- those operations. discussions under way to have permanent mitted as part of the regular annual federal It’s too bad the Republican leadership evi- bases in that country.’’ I believe that Congress budget, and Congress should give it the reg- dently didn’t see the urgency in getting this should have joined the administration in affirm- ular line-by- line scrutiny it gives every other part of the budget. This might have funding to our troops to pay for key equipment ing this principle to send a clear signal to the prevented the squandering in Iraq of the vast and benefits. The president requested this Iraqi people that we fully support their efforts sums meant for reconstruction. funding back in February, but somehow the to establish democracy and exercise sov- Congressional researchers complain that Republican leadership couldn’t get it done until ereignty. the Pentagon has refused to give them data

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A13JN8.021 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1133 on current and cumulative cost obligations the U.N. headquarters could be demolished up for the United Nations rather than for the wars as well as one-year and five-year without much loss; he had described the threatening to blow it up. They should not estimates. In the normal budget process, the United States as the sun around which lesser be passive in the face of ‘‘unchecked U.N.- Pentagon would have to provide those fig- nations rotate—mere ‘‘asteroids,’’ he’d bashing and stereotyping.’’ ures. branded them. Perhaps not surprisingly, the This merely stated the obvious. If you Incorporating war costs in the regular Senate refused to confirm Bolton as U.N. doubt that U.N.-bashing and stereotyping budget, Congress would no longer be able to ambassador. ‘‘Arrogant,’’ ‘‘bullying,’’ and goes on, ask yourself what gallery Bolton is compartmentalize, treating those expendi- ‘‘the poster child of what someone in the dip- playing to—or check out the latest cover of tures as an aberration while going about lomatic corps should not be,’’ Sen. George the National Rifle Association magazine, business as usual elsewhere. Those expendi- Voinovich called him. which features a wolf with U.N. logos in its tures are no aberration, and it’s not business Bush sent Bolton anyway, bypassing the eyeballs. But Malloch Brown’s speech didn’t as usual. Senate by appointing him during a congres- seem obvious to Bolton. ‘‘This is the worst sional recess. It soon turned out that dis- mistake by a senior U.N. official that I have f missing foreign ambassadors as asteroid seen,’’ he thundered in response. ‘‘Even ‘‘BLUSTER BACKFIRES’’ dwellers was merely a warm-up. As soon as though the target of the speech was the Bolton got to New York, he blew up the pre- United States, the victim, I fear, will be the paratory negotiations for a gathering of United Nations.’’ HON. BARNEY FRANK heads of state, insisting that the other 190 Which would suit Bolton and his allies per- OF MASSACHUSETTS members of the world body immediately fectly. But it should not suit Bush, at least not now that he’s grasped that bluster can IN THE HOUSE OF REPRESENTATIVES agree to hundreds of changes in the summit document. backfire. Arriving at the U.N. summit last Tuesday, June 13, 2006 If Bolton had picked a fight on a worth- September, a different Bush greeted the secretary general and gestured at Bolton; ‘‘has Mr. FRANK of Massachusetts. Mr. Speaker, while issue, this might have been justified. But one of the chief aims of his edits was to the place blown up since he’s been here?’’ he anyone who doubts the wisdom of the con- eliminate all mention of the anti-poverty demanded, teasingly. Well, it’s now time for stitutional requirement that important officials Millennium Development Goals, even though the new Bush to acknowledge that Bolton’s be confirmed by the Senate before taking up these targets for reducing child mortality tactics aren’t funny. The United States their jobs should ponder the disastrous exam- and so on are inoffensive. After a week of needs an ambassador who can work with the ple of John Bolton, whom the Senate declined Bolton-induced bureaucratic battles, Sec- United Nations. Right now, it doesn’t have to confirm as Ambassador to the U.N., and retary of State Condoleezza Rice weighed in, one. who received a recess appointment from explaining that the administration actually f President Bush. His tenure has been disas- had nothing against the development goals. When the summit convened, Bush himself PERSONAL EXPLANATION trous, leading to a diminution of American in- had to declare during his speech that he sup- fluence and a failure to accomplish legitimate ported the targets that his ambassador had HON. LORETTA SANCHEZ American goals. repudiated. OF CALIFORNIA Like many other Americans, I greatly regret- Bolton’s next triumph was to demand U.N. IN THE HOUSE OF REPRESENTATIVES ted the fact that Deputy Secretary General reform, or rather to pretend to do so. An ef- Mark Malloch Brown recently gave a speech fort to create a credible human rights coun- Tuesday, June 13, 2006 strongly critical of America’s role regarding the cil was underway, but Bolton skipped nearly Ms. LORETTA SANCHEZ of California. Mr. all of the 30 or so negotiating sessions. Then, U.N., but my regret was aimed not at Mr. when the negotiators produced a blueprint Speaker, on Monday, June 12, 2006, I was Brown for giving the speech, but at the Bush for the new council, Bolton declared it unac- unavoidably detained due to a prior obligation. administration, and specifically Ambassador ceptable, leaving furious American allies to I request that the CONGRESSIONAL RECORD Bolton, for actions that led to the speech. As wonder why he hadn’t weighed in earlier to reflect that had I been present and voting, I a Member of Congress, I am troubled by the secure a better outcome. ‘‘The job now is to would have voted as follows: fact that I have to agree with the substance of get clarity on what the U.S. wants,’’ the Rollcall No. 251: ‘‘yes’’ on agreeing to H. a speech so sharply critical of our Govern- British ambassador said icily. But what Res. 804; rollcall No. 252: ‘‘yes’’ on agreeing ment, but I believe that Mr. Brown did us a Bolton really wanted was quite clear: to to H. Res. 794; rollcall No. 253: ‘‘yes’’ on allow the negotiations to falter and then to agreeing to H. Res. 608; rollcall No. 254: service in speaking out, because it may alert condemn whatever they produced, throwing my colleagues in Congress and the American red meat to his U.N.-hating allies on the ‘‘yes’’ on agreeing to H. Con. Res. 338; rollcall people in general of the need to press for a right of the Republican Party. No. 255: ‘‘no’’ on agreeing to the previous change in the disastrous policies that Ambas- Next, Bolton blundered into U.N. manage- question during consideration of H. Res. 857. sador Bolton pursues in the President’s name. ment reform, an issue that may soon precipi- f tate a crisis. The top U.N. officials, led by In the Washington Post on Monday, June HONORING LIEUTENANT COLONEL 12, Sebastian Mallaby wrote a thoughtful and Secretary General Kofi Annan, had laid out a menu of radical changes, designed to elimi- DONALD P. LAUZON ON THE OC- persuasive piece about the Bolton record. Be- nate useless conferences and reports and to CASION OF HIS RETIREMENT cause the current situation regarding our rep- move staff to departments that most needed FROM THE UNITED STATES resentation of the U.N. does so much damage them. Bolton added his own brand of bluster ARMY to legitimate American interests, Sebastian to this plan: If poor countries carried on re- Mallaby’s column is particularly welcome and sisting management reforms, rich countries I hope will be strongly considered by President would stop paying for the organization. The HON. JOHN D. DINGELL Bush, Secretary Rice, and other policy makers deadline for agreeing on reform is the end of OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES in this administration. It is also very important this month, but no breakthrough is in sight. Officials are wondering what to do if U.N. Tuesday, June 13, 2006 for those of us in Congress to understand his checks start bouncing. points and I ask that his column be printed Not many reformers at the United Nations Mr. DINGELL. Mr. Speaker, I rise today to here. believe that the budget threat achieved any- pay tribute to my dear friend LTC Donald P. [From the Washington Post, June 12, 2006] thing. To the contrary, Bolton has so Lauzon as he retires from a distinguished ca- poisoned the atmosphere that the cause of AT THE U.N., BLUSTER BACKFIRES reer in the U.S. Army and as the Commander management renewal is viewed by many de- of the U.S. Army Corps of Engineers for the (By Sebastian Mallaby) veloping countries as an American plot. And Last month President Bush issued a rare if Bolton carries through on his threat to cut Detroit District. apology. ‘‘Saying ‘Bring it on,’ kind of tough off money for the United Nations, the United Born in Rhode Island and earning his Bach- talk, you know, that sent the wrong signal,’’ States will be more isolated than ever. Re- elor of Science from Rhode Island College, he confessed. ‘‘I think in certain parts of the fusing to fund U.N. officials who are plan- LTC Lauzon was commissioned into the Army world it was misinterpreted.’’ ning for a peacekeeping mission in Darfur is in 1986. He served bravely overseas in Bos- Well done, Mr. President, you’ve under- not a winning strategy. nia, in Iraq, and as the Company Executive stood that bluster can backfire. Now how Last week the U.N. deputy secretary gen- Officer of the 547th Combat Engineer Bat- about sharing this insight with your ambas- eral, a pro-American Briton named Mark talion in Germany. Before arriving in Detroit, sador to the United Nations? Malloch Brown, went public with his Bolton John R. Bolton, the ambassador in ques- frustrations. He pointed out that the United LTC Lauzon served as Chief of the Depart- tion, has a rich history of losing friends and Nations serves many American objectives, ment of Military Training, National Geospatial failing to influence people. He was notorious, from deploying peacekeepers to helping with and Intelligence Agency at Fort Belvoir in Vir- even before arriving at the United Nations Iraq’s elections. Given this cooperation, the ginia. His military awards and decorations in- last year, for having said that 10 stories of powers that be in Washington should stick clude the Bronze Star, the National Defense

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.025 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1134 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 Service Medal, the Defense Meritorious Serv- Station, and the Pantry and Covered Dish WAIVING POINTS OF ORDER ice Medal, and nearly a dozen other illustrious Ministries. AGAINST CONFERENCE REPORT ON H.R. 4939, EMERGENCY SUP- awards and badges. LTC Lauzon has also Metropolitan Baptist Church is a place earned two Master’s degrees: one in Military PLEMENTAL APPROPRIATIONS where the community at large is warmly wel- Operational Art and Science from the U.S. Air ACT FOR DEFENSE, THE GLOBAL comed. Many local religious, educational, and Force and another in construction manage- WAR ON TERROR, AND HURRI- ment from Colorado State University. civic groups, such as the Interdenominational CANE RECOVERY, 2006 While serving as the Commander in the De- Ministerial Alliance, the NAACP, and the troit District, LTC Lauzon’s inspired leadership Pasadena Association of African American SPEECH OF guided others through the quickly shifting busi- Educators use the facilities. In addition, the HON. EARL BLUMENAUER Young African American Male Conference and ness environment as well as towards a more OF OREGON organized and efficient Lakes and Rivers Divi- numerous community events honoring Martin IN THE HOUSE OF REPRESENTATIVES sion. The numerous successful projects he Luther King, Jr. are held at Metropolitan Bap- Monday, June 12, 2006 oversaw are a tremendous credit to his skill as tist Church. Mr. BLUMENAUER. Mr. Speaker, it is a dis- an engineer and his abilities as a manager. It is my great honor to recognize Metropoli- service to the American people that the tough- LTC Lauzon has been a big player in the on- tan Baptist Church upon its 100 years of min- going efforts to expand the Detroit River Inter- est challenges to our Nation at home and istry to the people of Altadena and Pasadena. national Wildlife Refuge—a project that is near abroad are not addressed in a straightforward I ask all Members to join me in wishing Metro- and dear to my heart. manner. In retirement, I know LTC Lauzon will have politan Baptist Church many more fruitful More than 1,000 days after the war in Iraq more time to improve his golf game and spend years of service to the community. began, we continue to fund it on an emer- more time hand making golf clubs. But most gency basis deceiving the American taxpayer importantly LTC Lauzon will be able to spend f of the true cost of this war through a budg- quality time with his wife Kathleen and his two etary maneuver that simply pushes the enor- children Lauren and Zachary. IN RECOGNITION OF DOYLE mous cost onto the next generation. It is no Mr. Speaker, I would ask you and all of my MOONEYHAM longer appropriate for Congress to approve colleagues to join me as we honor the retire- this funding as an emergency. We must ac- ment of LTC Lauzon from the Army and the count for this through the normal budget proc- U.S Army Corps of Engineers for the Detroit HON. DENNIS A. CARDOZA ess to ensure that taxpayer money is spent re- District. Though his leadership will be sorely OF CALIFORNIA sponsibly and with accountability. missed, his past efforts and his foresight will As for our response to protecting Americans IN THE HOUSE OF REPRESENTATIVES be appreciated long into the future. at home from disasters, 75 percent of the f Tuesday, June 13, 2006 American public is at risk from one or more natural disasters, such as floods, fires, or A TRIBUTE TO METROPOLITAN Mr. CARDOZA. Mr. Speaker, it is with the earthquakes—yet the Federal Government BAPTIST CHURCH greatest pleasure that I rise today to honor Mr. continues to pour money into disaster-prone Doyle Mooneyham upon his retirement from areas without any forward thinking plans. In- HON. ADAM B. SCHIFF the United States Postal Service after nearly stead of funding upfront mitigation, planning, OF CALIFORNIA 50 years of dedicated service. and preparedness for disaster-prone commu- IN THE HOUSE OF REPRESENTATIVES nities, we spend even more money in emer- In 1958, Doyle began his impressive career gency supplemental for things that we should Tuesday, June 13, 2006 with the United States Postal Service as a let- know by now to expect. Our bizarre budget Mr. SCHIFF. Mr. Speaker, I rise today to ter carrier in Merced, California. Just a few rules make it cheaper to appropriate billions honor Metropolitan Baptist Church in Altadena, years later, in 1961, Doyle was transferred to after the fact than to invest millions in proven California. Metropolitan Baptist Church is one the Winton Post Office, in Winton, California prevention programs. of the oldest congregations in the Altadena/ where he has remained for the last 45 years. This emergency supplemental demonstrates Pasadena area and will celebrate 100 years of Throughout his extraordinary career, Doyle’s Congress’s complacency in dealing with tough dedicated service to the community this work has clearly remained his priority. During choices and avoids fiscal responsibility. month. his tenure with the Winton Post Office, Doyle f Founded on June 6, 1906 by Reverend J.D. has exemplified the unofficial U.S. Postal PERSONAL EXPLANATION Bushnell and 13 members, the church was lo- Service’s motto as ‘‘neither snow nor rain nor cated at 134 Waverly Drive in Pasadena. In heat nor gloom of night stays these couriers 1911, the cornerstone was laid and articles of HON. DORIS O. MATSUI from the swift completion of their appointed incorporation were filed with the Secretary of OF CALIFORNIA rounds.’’ Throughout his nearly 50 years of State. For many years, the church was located IN THE HOUSE OF REPRESENTATIVES service, Doyle never used a sick day until he in Pasadena on Waverly and Bellevue Drive Tuesday, June 13, 2006 and then on Mentone and Claremont Streets. underwent hip replacement surgery in 2005. Ms. MATSUI. Mr. Speaker, I was partici- About 40 years ago, Metropolitan Baptist Even after taking a year off of work to recu- pating in a very important briefing by the Army Church built their current church on N. Fair perate, Doyle still has 2,926 hours of sick Corps of Engineers on flood protection in my Oaks Avenue in Altadena. leave, the equivalent to a year and a half of district on Monday, June 12, 2006 and missed Some of the programs that the church es- work. This is quite a remarkable accomplish- 5 votes. Please note in the appropriate place tablished over the last century include Music ment that very few individuals achieve in their in the CONGRESSIONAL RECORD that had I Ministry, Home Mission Society, Young Peo- lifetime. It is truly reflective of Doyle’s commit- been present, I would have voted as noted ple’s Union, Mother’s Board, Day Nursery, a ment to his work, the community and the below: Boy Scout Troop, Young Adult Choir, Bible United States Postal Service. Rollcall vote 255: ‘‘nay’’; rollcall vote 254: Study, Children’s Church, Prayer Warriors, Mr. Speaker, it is my honor and privilege to ‘‘yea’’; rollcall vote 253: ‘‘yea’’; rollcall vote Prayer Line, Hospitality Ministry, Senior Cit- join Doyle Mooneyham’s family, co-workers 252: ‘‘yea’’; rollcall vote 251: ‘‘yea.’’ izen Luncheon, and Health Fair. In 1990, Reverend Tyrone Skinner began and friends in recognizing his lifetime of serv- f ice to our community, and to congratulate him his tenure with Metropolitan Baptist Church. PERSONAL EXPLANATION Reverend Skinner has been instrumental in on his retirement from the U.S. Postal Service. establishing many new ministries, such as Our community benefits greatly from the ´ splendid example that he has set throughout HON. LINDA T. SANCHEZ Praise Team, Praise Dancers, Petals Ministry, OF CALIFORNIA 40 Stomp Team, and Mass Choir within the his career. It is with the greatest sincerity and IN THE HOUSE OF REPRESENTATIVES church, as well as establishing the Metropoli- respect that I ask my colleagues to join me in tan Community Action Services Corporation. offering Mr. Doyle Mooneyham best wishes for Tuesday, June 13, 2006 The church also serves the community by continued success and happiness in the years Ms. LINDA T. SA´ NCHEZ of California. Mr. feeding and clothing the homeless at Union ahead. Speaker, today I was unavoidably absent and

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.031 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1135 missed rollcall votes Nos. 251 through 255. pleasure to be able to recognize these out- serving as an inspiration for the spirit of famil- Had I been present, I would have voted: standing students for their accomplishments. ial virtue. ‘‘Yes’’ on rollcall No. 251, H. Res. 794— Their parents, their teachers, their classmates, f Recognizing the 17th anniversary of the mas- the people of New Mexico, and I are proud of sacre in Tiananmen Square, Beijing, in the them. PERSONAL EXPLANATION People’s Republic of China, and for other pur- Certificate of Merit Award Winners 2005: poses; Juanita Martinez, Albuquerque High School; HON. CHRISTOPHER SHAYS ‘‘Yes’’ on rollcall No. 252, H. Res. 804— Robert Cardwell, Monzano High School; Brit- OF CONNECTICUT Condemning the unauthorized, inappropriate, ten Smith, Highland High School; Gary R. IN THE HOUSE OF REPRESENTATIVES and coerced ordination of Catholic bishops by Stinnett, La Cueva High School; Robert Tuesday, June 13, 2006 the People’s Republic of China; Sanchez, Rio Grande High School; Cameron ‘‘Yes’’ on rollcall No. 253, H. Res. 608— Banes, Creative Education Preparatory Insti- Mr. SHAYS. Mr. Speaker, on June 12, Condemning the escalating levels of religious tute; David Gullett, Temple Baptist Academy; 2006, I was speaking to a group of profes- persecution in the People’s Republic of China; Ashley Martin, West Mesa High School; sionals in New York City about my work in ‘‘Yes’’ on rollcall No. 254, H. Con. Res. Leanne Raskob, St. Pius X High School; Jane Congress and, therefore, missed five recorded 338—Expressing the sense of Congress re- Yein Song, Sandia High School; Dorothy votes. garding the activities of Islamist terrorist orga- Billau, Cornerstone Christian School; Jordan I take my voting responsibility very seri- nizations in the Western Hemisphere, and Spence, Evangel Christian Academy; Makenzi ously, and had I been present, I would have ‘‘No’’ on rollcall No. 255. Williamson, Hope Christian Schools; Aaron voted ‘‘yes’’ on recorded vote No. 251, ‘‘yes’’ f Sims, Menaul High School; Emily Wildsmith, on recorded vote 252, ‘‘yes’’ on recorded vote Southwest Secondary Learning; Nicholas 253, ‘‘yes’’ on recorded vote 254, and ‘‘yes’’ ON HATRED AND VIOLENCE Trumbley, Albuquerque Evening School; Karl on recorded vote 255. RELATED TO IMMIGRATION Nieman, Career Enriched Center; Takesha f Haynes, New Future High School; Suzia Van HONORING QUEBECOR WORLD HON. HILDA L. SOLIS Swol, East Mountain High School; Erika PUBLICATIONS OF CALIFORNIA Anaya, Moriarty High School; Samuel Lujan, Charter Vocational High School; Jessica R. IN THE HOUSE OF REPRESENTATIVES HON. MARSHA BLACKBURN Tuesday, June 13, 2006 Siegel, Sandia Preparatory School; Felicia Fuentes, South Valley Academy; Maggie Eliz- OF TENNESSEE Ms. SOLIS. Mr. Speaker, today I rise to ex- abeth Crank, Albuquerque; Danielle Threadgill, IN THE HOUSE OF REPRESENTATIVES press concern about the sharp rise in hate Bernalillo High School; Ruth Ann Huning, Los Tuesday, June 13, 2006 crimes and racial intolerance, and to urge ac- Lunas High School; Marie Jiron, Career Acad- ceptance in our Nation. emy; Jesse Rafael Torres, Mountainair High Mrs. BLACKBURN. Mr. Speaker, I ask my A recent report from the Southern Poverty School. colleagues to join me today in honoring Quebecor World Publications as they mark the Law Center stated that there were 803 hate f groups in the USA last year. This is up from publication of the one billionth copy of High- 762 in 2004 and is a 33 percent increase TRIBUTE TO JOHN L. ‘‘JACK’’ lights magazine. since 2000. The center’s report stated the na- ASHER Few things in this world are as consistent tional debate that has focused on immigration and positive as Highlights magazine has been has been ‘‘the single most important factor’’ in HON. BILL SHUSTER for the past 60 years. Since 1946, Highlights spurring activity among hate groups and has OF PENNSYLVANIA magazine has kept parents and kids smiling. given them ‘‘an issue with real resonance.’’ IN THE HOUSE OF REPRESENTATIVES As a parent, I remember sharing time with my Hundreds of thousands of people marched two children, Mary Morgan and Chad, while Tuesday, June 13, 2006 peacefully throughout the Nation to give a reading this wonderful magazine. Countless voice for immigrants in this country. Half a mil- Mr. SHUSTER. Mr. Speaker, I rise today to Americans have enjoyed decades of good lion in Los Angeles, 300,000 people in Chi- honor John L. ‘‘Jack’’ Asher, who has played memories thanks to Highlights. cago, 40,000 in Washington, DC, and 20,000 a vital role in the development of Asher’s In an era when we have to guard our kids’ in Milwaukee and Phoenix marched to defend Chocolates, in Lewistown and Souderton, access to information like never before, it’s the hopes and dreams of immigrant families. Pennsylvania, over the last 51 years. Started nice to know that America can still depend on Nearly 40,000 students across Southern Cali- by his grandfather in 1892, Jack has led the Quebecor and Highlights magazine not only to fornia, including students at several schools in company since 1966. entertain but to teach the morals and values my district, marched for the rights of immi- With over 1,000 molds, Asher’s can be re- we hold dear. grants. spected as one of the largest candy molding f Those who marched did so peacefully. I en- companies, and one of the oldest family courage everyone to remember the great his- owned and operated candy manufacturers in TRIBUTE TO MR. CHARLES tory of change driven by nonviolent action, America. The time-tested recipe for success is HAUGHEY which is such a vibrant part of our Nation’s epitomized in the daily operation of one of the fabric. Everyone is entitled to their own opin- foremost confectioners in the country. I owned HON. EDWARD J. MARKEY ion, but I urge that such expression be done a small business for years and I understand, OF MASSACHUSETTS in a peaceful and nonthreatening manner. along with many others across Pennsylvania, IN THE HOUSE OF REPRESENTATIVES f the day-in and day-out work it takes to succeed. I applaud Jack for his commitment to his Tuesday, June 13, 2006 OUTSTANDING HIGH SCHOOL SEN- community and his business. Mr. MARKEY. Mr. Speaker, I would like to IORS FIRST CONGRESSIONAL In early April, Jack was bestowed with the bring to the attention of my colleagues the DISTRICT OF NEW MEXICO national honor of induction into the Candy Hall passing of Mr. Charles Haughey, former of Fame. This award recognizes Jack for his Taoiseach of the Republic of Ireland, and to HON. HEATHER WILSON life’s achievements and dedication to the com- offer my deepest condolences today to the OF NEW MEXICO pany, as his contributions to the business and Irish nation and to Mr. Haughey’s family and IN THE HOUSE OF REPRESENTATIVES the confectionery industry are immeasurable. loved ones, including especially his wife As our economy continues to move in the Maureen, his daughter Eimear and his sons Tuesday, June 13, 2006 right direction, our small businesses are the Conor, Cian and Sean. Mrs. WILSON of New Mexico. Mr. Speaker, driving force. These businesses make up our Mr. Haughey served both his constituency the following high school students from the communities, neighborhoods and towns. The and the Irish nation with distinction and honor First Congressional District of New Mexico Pennsylvanians who have benefited from the over his 35-year career in Dail Eireann. He will have been awarded the Congressional Certifi- efforts of Asher’s Chocolates—as employees, be most remembered for his key roles in lay- cate of Merit. These are exceptional students chocolate lovers and more—would certainly ing the foundations for Ireland’s economic re- that serve the community and participate ac- join me in thanking Jack for his contributions birth, and in promoting and furthering progress tively in school and civic activities. It is my to the community and the economy, as well as towards a lasting peace in Northern Ireland.

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.036 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1136 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 John Hume, the Nobel Peace Prize lau- does for Katrina-related aid. Because I cannot County Fair remains a premier venue of agri- reate, praised Haughey, saying ‘‘he worked support additional spending for a war that has cultural and horticultural exhibition, as well as very closely with me in preparation for the already claimed nearly 2,500 American serv- a place where families come to be entertained whole movement to get a lasting peace and icemen and women and countless Iraqi citi- and old friends renew acquaintances once a an end to violence with The Downing Street zens, I urge my colleagues to vote ‘‘no.’’ year. Declaration. He privately worked with me in f As the ‘‘oldest consecutive running fair in Il- the preparation of that Declaration . . . linois,’’ the Perry County Fair has seen much Charles Haughey made a positive contribution IN RECOGNITION OF EUGENE SLAY of our Nation’s history. The Civil War, Prohibi- to ending violence and achieving peace on our tion, the Great Depression, both WorId Wars, streets.’’ HON. RUSS CARNAHAN the ushering in of two centuries and a millen- Charles Haughey was a major figure in the OF MISSOURI nium all occurred during the time that the history of the Irish Republic, and his work for IN THE HOUSE OF REPRESENTATIVES Perry County Fair has been in operation. peace and prosperity at home will forever be The Perry County Agricultural Society was Tuesday, June 13, 2006 remembered by friends of this small island so established as the governing body of the fair important to the history of our own country. Mr. CARNAHAN. Mr. Speaker, I rise today and continues today as the organization en- f to recognize Eugene Slay, a fine member of trusted with planning, funding and organizing the St. Louis Community in my home state of the Perry County Fair. Early records note that WAIVING POINTS OF ORDER Missouri. Mr. Slay is the son of immigrant a $1.00 contribution was good for family entry AGAINST CONFERENCE REPORT grandparents, who came from Lebanon to set- to the first fairs and that $10.00 provided for ON H.R. 4939, EMERGENCY SUP- tle in the city of Saint Louis. In 1920, Gene’s a lifetime family membership. As the fair has PLEMENTAL APPROPRIATIONS grandfather, John Slay, created Slay Indus- expanded through the years, the balance of ACT FOR DEFENSE, THE GLOBAL tries, a shipping company that has been a providing a first class fair that is affordable to WAR ON TERROR, AND HURRI- great addition to the area’s proud legacy of all families continues to be a struggle. CANE RECOVERY, 2006 transportation commerce. Gene Slay gathered Competition of livestock, produce and the the reins of the institution in 1952, and ever tasty results of many closely-guarded family SPEECH OF since has blazed the corporation down a path recipes have been a staple of the fair since its HON. FORTNEY PETE STARK of success, currently employing more than 800 inception. Other attractions at the fair through OF CALIFORNIA persons and deriving an annual revenue of the years have been horse racing, beauty IN THE HOUSE OF REPRESENTATIVES more than $100 million. pageants, musical entertainment, rides and, Of course, Gene Slay has not only been an Monday, June 12, 2006 always, good food. effective and outstanding leader in business, Several generations have now enjoyed the Mr. STARK. Mr. Speaker, when is enough, but in the St. Louis community as well, giving Perry County Fair and it has become an event enough? I rise in opposition to H.R. 4939 be- his time to help those less fortunate. Gene that not only draws families and friends to- cause there is no limit to the amount of money Slay has always committed himself to activi- gether from Perry County but also attracts Republicans are willing to spend on this counties that strive to give every person a chance fairgoers from throughout Southern Illinois. terproductive war in Iraq. to succeed. Specifically, I would like to recog- Mr. Speaker, I ask my colleagues to join me When the Bush administration beat the nize his work as an exceptional director of the in celebrating the 150th anniversary of the drums of war, it promised the American peo- Boys’ Club of St. Louis. Mr. Slay has served Perry County Fair. May it continue to provide ple that the total cost would be $50 billion. as a member of the institution’s Executive entertainment for Southern Illinois families well More than 3 years later, the price tag for the Board for 33 years and as its president for 14 into the future. Iraqi civil war stands at more than $320 billion. years. Gene Slay has been a vital asset to the f Before the invasion, neoconservatives told us Boys’ Club, building its endowment to $4.4 Iraq was an oil-rich country that could finance million, allowing the organization to be a help- HONORING THE CONSECRATION OF its own reconstruction. Yet this latest supple- ing hand to more than 5,000 youth. ELIZABETH CHAPEL UNITED mental includes billions more for the ‘‘stabiliza- With these accomplishments in mind, I am METHODIST CHURCH tion’’ of Iraq that could have instead gone to proud to recognize Gene Slay as a prominent rebuild New Orleans. St. Louisan and I thank him for his efforts in HON. JEFF MILLER The Vietnam war required only a single sup- our community. It is my great honor to an- OF FLORIDA plemental, after which it was financed through nounce that the Boys’ Club of St. Louis will IN THE HOUSE OF REPRESENTATIVES the regular budget process. But virtually all of now be renamed the Gene Slay’s Boys’ Club Tuesday, June 13, 2006 this money for the war in Iraq has been proof St. Louis, to acknowledge all of Mr. Slay’s vided in so-called ‘‘emergency’’ supplementals hard work and dedication. I congratulate Gene Mr. MILLER of Florida. Mr. Speaker, it is that do not require budgetary tradeoffs such Slay on this honor and praise him for all the with tremendous joy and celebration that I rise as spending cuts or tax increases. As a result, young people that he has helped and will help today to honor the consecration of the Eliza- every dollar spent in Iraq is a dollar of debt for in the future. beth Chapel United Methodist Church in our children and grandchildren. f Chumuckla, Florida where my wife Vicki and I For their money, future generations are get- have been members since 2001. ting a terrible return. Thanks to our seemingly CELEBRATING THE 150TH ANNI- Elizabeth Chapel has been a home for me; open-ended occupation of Iraq, anti-American VERSARY OF THE PERRY COUN- a place of solace where I can go to be closer forces are growing stronger, not weaker. De- TY FAIR to God and get back in tune with what is really spite parliamentary elections and limitless important in my life. Likewise, the church fam- American aid for democracy building, Iraq is in HON. JERRY F. COSTELLO ily has acted as a true family to my wife and the midst of a civil war. Though even the rub- OF ILLINOIS me, continuously offering us their support, en- ber stamp Republicans in Congress have IN THE HOUSE OF REPRESENTATIVES couragement, and kindness. shown a real interest in transferring authority Elizabeth Chapel United Methodist Church to Iraqi security forces, their training proceeds Tuesday, June 13, 2006 has served a vital role in the community of at a snail’s pace. Mr. COSTELLO. Mr. Speaker, I rise today to Chumuckla since 1937. Originating from the This emergency supplemental bill does pro- ask my colleagues to join me in recognizing marriage of two smaller/churches in the late vide badly needed funds for Katrina recon- the 150th Anniversary of the Perry County Fair 1930’s, the church has remained a quaint struction. Particularly worthwhile is this legisla- which is held each year in Pinckneyville, Illi- group of adamant believers whose moral fiber tion’s support for levee improvements, the re- nois. and strength is unwavering. building of the Veterans Administration hos- While no records exist of the first fair in On September 16, 2004, Hurricane Ivan pital in New Orleans, alternative housing for 1856, oral accounts passed down from those tore through the area, leaving damage, de- hurricane survivors, and community develop- who attended describe the Pinckneyville town struction, and heartbreak in its wake. The hur- ment block grants. square decorated with tall corn stalks and the ricane left the church building irreparable and But the numbers speak for themselves. The owners of the prize livestock showing them in it was soon leveled to begin new construction. bill provides more than three times more fund- the street. Although much has changed since Though many members of the congregation ing for defense-related expenditures than it that initial event 150 years ago, the Perry lost their homes or had significant damage to

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.042 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1137 their own property in the storm, in the week Rights Caucus in 1983. In 1995, a number of LADY FALCONS SOAR TO VICTORY that followed the hurricane, members of the colleagues joined me in founding the Congres- church and others in the community came to- sional Task Force Against Anti-Semitism to HON. HOWARD COBLE gether descending on the church grounds to address more specifically problems of racial OF NORTH CAROLINA help FEMA distribute over 60,000 MRE’s as intolerance, bigotry, prejudice, and anti-Semi- IN THE HOUSE OF REPRESENTATIVES well as ice and water to those in need. tism. I continue to co-chair both groups and Tuesday, June 13, 2006 In the months that followed, with the glorifi- remain steadfastly committed to fighting such cation of God’s work in their hearts, the com- ugly and vicious hatred. This is a battle in Mr. COBLE. Mr. Speaker, I am pleased to munity, congregation and other churches in which we must all be engaged. We confront a report that public high schools in the Sixth Dis- the surrounding area came together to begin central danger to America’s national interests trict of North Carolina are not the only ones rebuilding Elizabeth Chapel. It has been nearly and cannot be complacent in the face of such housing state championships these days. Now 2 years since Ivan devastated the Gulf Coast, threats. O’Neal School in Moore Country, North Caro- and the reconstruction is complete. On Sun- Mr. Speaker, the Anti-Defamation League, lina is able to sit in the same seat of glory day, June 11, 2006, I will join in the fellowship which monitors far-right extremists, reports having won the North Carolina Independent and celebration of the consecration of the Eliz- that neo-Nazis and white supremacists have School Athletic Association 2A conference abeth Chapel United Methodist Church. capitalized on the recent immigration reform competition in women’s soccer. Mr. Speaker, I truly represent an incredible debate and have ratcheted up their anti-His- The Falcons endured fierce competition in group of people. It warms my heart that the panic action. Racist use of the national debate the pursuit of their ultimate goal battling community, congregation, and other churches to further their ideology in pursuit of a ‘‘Whites through two overtimes (one in the quarterfinals have come together, through the hardships only’’ America is a hateful display and reminds and the other in the semifinals). The fact that and heartache that have been prevalent since us of the insidious racism, prejudice, and anti- the road which they traveled to victory was so hurricane Ivan, to once again provide a house Semitism that exists and that is spread on the rocky made the end result all the more sweet. of worship to the amazingly resilient members Internet. The women beat out their rival, Calvary Bap- of Elizabeth Chapel United Methodist Church. The Anti-Defamation League reports a dis- tist Day School, 1–0 in the final game of the championship. f turbing trend of increased violence against Hispanics and of persistently troubling levels Freshman Syd McIlwain made everyone PERSONAL EXPLANATION of anti-Semitism. Games that target particular proud with the excessive determination re- immigrant, ethnic or religious groups are indic- quired for a defender to score the only goal of ative of the deeply-rooted hatred that we con- the game. The goal occurred on a corner kick HON. MICHAEL G. OXLEY in which sweeper Caroline Cordell kicked it OF OHIO front. The recent up-tick in the spread of racist perfectly for McIlwain to head it in. After the IN THE HOUSE OF REPRESENTATIVES shoot-to-kill video games on the Internet is very disconcerting. The level and intensity of game McIlwain said, ‘‘I was just thinking that Tuesday, June 13, 2006 attacks against Hispanics has reached dan- I had to get some part of my body on it,’’ ac- Mr. OXLEY. Mr. Speaker, I was absent from gerous new highs, with right-wing extremists cording to the Moore County Independent. It’s the House floor during Friday’s rollcall votes joining anti-immigration groups. The recent a good thing that she did because that split- on 5 amendments to H.R. 5522, the Fiscal racist protests and rallies held across our na- second decision was crucial to victory. We are pleased to recognize all members of Year 2007 Foreign Operations appropriations tion are a disgrace to our country and a threat the O’Neal School soccer team who contrib- measure. to American stability. Had I been present, I would have voted Immigration is likely the most important fac- uted to this nearly perfect championship sea- ‘‘no’’ on rollcalls 245, 246, 247, 248, and 249. tor in the growth of extremist groups, and in son. Members of the team include: Alex Allen, I would have voted in favor of final passage their gaining new members. We must be vigi- Carey Averbook, Kristin Black, Caroline of H.R. 5522. lant is guarding against the racist, xenophobic Cordell, Margaret Cross, Cate Dahl, Kathryn Davis, Jessica Gregory, Sarah Griffin, Kelsey f sentiments surrounding our immigration debates. While such hatred is sadly not new, our Hukee, Meagan Johnson, Kate King, Lauren CONDEMNING HATE CRIMES AND recent debates and legislation are attracting Krahnert, Kathryn Maples, Syd McIlwain, Anna RACIAL INTOLERANCE the attention of extremists. Over the weekend, Post, Nicole Poteat, Kate St. John, Allaire the Ku Klux Klan and neo-Nazis protested Welk, and Stephanie White. The women’s outstanding record was HON. TOM LANTOS nearby at the Antietamm National Battlefield in achieved largely due to their ability to work to- OF CALIFORNIA Sharpsburg, Maryland. Under the auspices of gether on and off the field. Responsibility for IN THE HOUSE OF REPRESENTATIVES speaking out against ‘‘black on white crime’’ this close bond rests in the hands of Head and illegal immigration, the message vocalized Tuesday, June 13, 2006 Coach Kyle Kegl and Assistant Coach Jason could not have been clearer: as a Klan mem- Byrd whose hard work throughout the season Mr. LANTOS. Mr. Speaker, I first want to ber said, ‘‘Mexicans, Jews, all these immi- was imitated by the players cumulating in ulti- thank my friend and fellow Californian, Con- grants, we want them out of here . . .’’ Such mate victory among private schools at the gressman JOE BACA for organizing this Special rhetoric is frightening. Order to condemn hate crimes and racial intol- There is no gain, but loss by all, when ha- state level. On behalf of the citizens of the Sixth District erance, and particularly to address the very tred and anger are spread. Hispanics, regard- of North Carolina, we congratulate the O’Neal dangerous and growing problem of the use of less of their citizenship or immigration status, Falcons for completing the first ever state the Internet to spread racism, bigotry, preju- are increasingly becoming the targets of ha- championship and doing so with only one loss dice and anti-Semitism. tred and violence from white supremacists. Mr. Speaker, I can speak personally of the In an attempt to call attention to some of the the entire year. Congratulations to Head- horrors that can result from the propagation of problems of modern tools for spreading hate, master John Neiswender, Athletic Director hate. Such messages can be spread in many the Congressional Task Force Against Anti- Steve Dahl, the teachers, staff, students, par- ways, but perhaps the most recent medium, Semitism sponsored a briefing last September ents, and fans for bringing home a state the Internet, is the most effective and there- that highlighted the importance of fostering championship to our community. fore the most dangerous. Modern technology international cooperation in combating internet f has given us the ability to spread information hate, and of working with organizations like INTRODUCTION OF THE GUAR- and ideas far and wide almost instantly, and, the OSCE to combat anti-Semitism globally. ANTEE OF MEDICAL ACCURACY as a result, the world has become very small Mr. Speaker, I encourage my colleagues to IN SEX EDUCATION ACT indeed. Hate messages can circle the globe in join in working together to find ways to stop minutes or even seconds. The circumstances the use of the Internet to spread hate, so that HON. LUIS V. GUTIERREZ of the terrorist arrests in Canada, the United we will not suffer horrible consequences. As I OF ILLINOIS States, and Europe just this last week are a learned personally and tragically over six dec- IN THE HOUSE OF REPRESENTATIVES reflection of how quickly messages of intoler- ades ago, words have consequences. Hate, ance and exhortations to violence can be intolerance, bigotry, prejudice, and Anti-Semi- Tuesday, June 13, 2006 widely spread on the Internet. tism lead to actions that a free society such as Mr. GUTIERREZ. Mr. Speaker, today I am Because of my deep concern for human ours can—and must—never tolerate. We must introducing the ‘‘Guarantee of Medical Accu- rights, I co-founded the Congressional Human speak out, we must take action. racy in Sex Education Act,’’ a bill that prohibits

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.046 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1138 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 the federal government from funding sex edu- On rollcall vote No. 224, on agreeing to the On rollcall vote No. 254, on Motion to Sus- cation curricula that contain medically inac- Kingston amendment, I would have voted pend the Rules and Agree to H. Con. Res. curate information. ‘‘yes.’’ 338, I would have voted ‘‘yes.’’ Currently, the federal government is spend- On rollcall vote No. 225, on the motion to On rollcall vote No. 255, on ordering the ing millions on abstinence-only education that Table the Appeal of the Ruling of the Chair, I previous question on H. Res. 857, I would includes medically inaccurate and misleading would have voted ‘‘yes.’’ have voted ‘‘yes.’’ information. In 2004, the House Government On rollcall vote No. 226, on passage of H.R. f Reform Minority Staff prepared a report that 5441, the Department of Homeland Security IN RECOGNITION OF THE found more than two-thirds of federally funded Appropriations Act for FY 2007, I would have SKANEATELES HIGH SCHOOL abstinence-only programs use curricula that voted ‘‘yes.’’ GIRLS LACROSSE CLASS–C NEW contain false, misleading, or distorted informa- On rollcall vote No. 227, on Ordering the YORK STATE TITLE tion about reproductive health. Previous Question, I would have voted ‘‘yes.’’ The federal government should not be in the On rollcall vote No. 228, on agreeing to H. business of funding sex education that is rife Res. 842, I would have voted ‘‘yes.’’ HON. JAMES T. WALSH with errors and examples of medically inac- On rollcall vote No. 229, on passage of H.R. OF NEW YORK curate information. Specific examples in cur- 5521, I would have voted ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES On rollcall vote No. 230, on motion to Sus- rent sex education courses include: pend the Rules and Agree to S. 193, I would Tuesday, June 13, 2006 The first player spins the cylinder, points the have voted ‘‘yes.’’ Mr. WALSH, Mr. Speaker, I rise today to gun to his/her head, and pulls the trigger. He/ On rollcall vote No. 231, on motion to Re- praise the Skaneateles High School Girls she has only one in six chances of being commit with Instructions H.R. 5254, I would Lacross program on their New York State killed. But if one continues to perform this act, have voted ‘‘no.’’ Class–C State Title. The Lakers of the chamber with the bullet will ultimately fall On rollcall vote No. 232, on passage of H.R. Skaneateles fought hard to defeat Penn Yan into position under the hammer, and the game 5254, I would have voted ‘‘yes.’’ Academy by a margin of 6–5. ends as one of the players dies. Relying on On rollcall vote No. 233, on motion to Sus- Down 4–1 in the first half, Skaneateles bat- condoms is like playing Russian roulette.’’ pend the Rules and Agree to H.R. 5449, I tled through a tough defense to come up big From Me, My World, My Future, Revised HIV would have voted ‘‘yes.’’ and ultimately defeat Penn Yan. Late in the material, p. 258. On rollcall vote No. 234, on motion to Sus- game, the Lakers managed to tie the game AIDS can be transmitted by skin-to-skin pend the Rules and Agree to S. 2803, I would and ultimately, with a last minute goal, solidify contact. From Reasonable Reasons to Wait, have voted ‘‘yes.’’ their Class–C title. This classic hard earned Teacher’s guide, Unit 5, pg. 19. On rollcall vote No. 235, on consideration of victory marks the second straight state crown Couples who use condoms for birth control H. Res. 850, I would have voted ‘‘yes.’’ for Skaneateles. experience a first-year failure rate of about 15 On rollcall vote No. 236, on agreeing to the I commend these young women on all their percent in preventing pregnancies. This Obey amendment, I would have voted ‘‘no.’’ hard work and countless hours of devotion means that over a period of 5 years, there On rollcall vote No. 237, on agreeing to H. each of them have put into earning this suc- could be a 50 percent chance or higher of get- Res. 850, I would have voted ‘‘yes.’’ cess. On behalf of the people of the 25th Dis- On rollcall vote No. 238, on agreeing to the ting pregnant with condoms used as the birth trict of New York, I congratulate the team, Smith of Texas amendment, I would have control method. From Choosing the Best coaches, faculty, administration, and families PATH, Leader Guide, pg. 18. voted ‘‘yes.’’ On rollcall vote No. 239, on agreeing to the who played an important role in this victory. Since 1998, the federal government has Head Coach Bridget Marquardt, Assistant Markey amendment, I would have voted ‘‘no.’’ spent nearly $1 billion on abstinence-only edu- Coach Steve Rice, Whitney Johnson, Kelsey cation. These programs that contain inac- On rollcall vote No. 240, on motion to Re- commit with Instructions, I would have voted Nangle, Jessica Haswell, Stephanie Rice, curate information regarding contraception and Shannon Tierney, Maggie Tierney, Amy STD/HIV prevention can make sex education ‘‘no.’’ On rollcall vote No. 241, on passage of H.R. Riehlman, Libby Jolmson, Katie Schoener, both dangerous and counterproductive. Re- Claire Hennigan, Emily Murphy, Jenna sponsible sex education, by contrast, is an im- 5252, I would have voted ‘‘yes.’’ On rollcall vote No. 242, on agreeing to the Lotkowictz, Alex Sherman, Emma Heuber, portant component of a strategy to reduce un- McGovern No. 7 amendment, I would have Karen Vitkus, Meg Dwyer, Abby Duggan, intended pregnancies, reduce the number of voted ‘‘no.’’ Laura Trenti, Emily Gaffney, Jessica abortions and lessen the spread of STDs. The On rollcall vote No. 243, on agreeing to the Chalupnicki, Kaitlin Clark, Gigi Vaughn, American Medical Association, the Institute of McGovern No. 8 amendment, I would have Maragaret Shanley, and Heather Mullen. Medicine and the National Institutes of Health voted ‘‘no.’’ f support the use of sex education that is medi- On rollcall vote No. 244, on agreeing to the ACADEMIC EXCELLENCE COUPLED cally accurate. Weiner amendment, I would have voted ‘‘yes.’’ Mr. Speaker, I urge my colleagues to sup- On rollcall vote No. 245, on agreeing to the WITH ATHLETIC CHAMPIONSHIP port this legislation and join me in ensuring King of Iowa amendment, I would have voted that sex education curricula contain accurate ‘‘no.’’ HON. HOWARD COBLE medical information that can help young peo- On rollcall vote No. 246, on agreeing to the OF NORTH CAROLINA ple develop a healthy understanding of their Kucinich amendment, I would have voted IN THE HOUSE OF REPRESENTATIVES sexuality, so they can make responsible and ‘‘no.’’ Tuesday, June 13, 2006 educated decisions throughout their lives. On rollcall vote No. 247, on agreeing to the f Sanders amendment, I would have voted Mr. COBLE. Mr. Speaker, I am pleased to ‘‘no.’’ report that the women of Ragsdale High PERSONAL EXPLANATION On rollcall vote No. 248, on agreeing to the School in the Sixth District of North Carolina Hefley of Colorado amendment, I would have have proven their amazing athletic ability with HON. JIM GIBBONS voted ‘‘yes.’’ state championship titles in both tennis and OF NEVADA On rollcall vote No. 249, on agreeing to the track and field. IN THE HOUSE OF REPRESENTATIVES Blumenauer of Oregon amendment, I would The outstanding athletes who run, jump, relay, throw, and ultimately put their entire Tuesday, June 13, 2006 have voted ‘‘no.’’ On rollcall vote No. 250, on passage of H.R. heart into the sport, better known as the track Mr. GIBBONS. Mr. Speaker, I rise today to 5522, I would have voted ‘‘no.’’ and field team, have been battling in a tre- explain how I would have voted on several On rollcall vote No. 251, on Motion to Sus- mendously competitive district. The past two votes during the weeks of June 5th and June pend the Rules and Agree to H. Res. 794, I seasons they achieved second place and 12th during the second session of the 109th would have voted ‘‘yes.’’ were fearful that this year would produce simi- Congress. I was not able to be in Washington On rollcall vote No. 252, on Motion to Sus- lar results. The old cliche´, however, proved to cast these votes, as I remained in my dis- pend the Rules and Agree to H. Res. 804, I true: ‘‘The third time’s the charm!’’ This year trict to attend my son’s high school graduation. would have voted ‘‘yes.’’ the Tigers’ hard work paid off and Ragsdale On rollcall vote No. 223, on agreeing to the On rollcall vote No. 253, on Motion to Sus- finished first in the state. King of Iowa amendment, I would have voted pend the Rules and Agree to H. Res. 608, I We are pleased to recognize all the mem- ‘‘yes.’’ would have voted ‘‘yes.’’ bers of the Ragsdale track and field team who

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.049 E13JNPT1 ccoleman on PROD1PC71 with REMARKS June 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1139 contributed to this impressive victory. Mem- CONGRATULATING THE CITY OF military operations, and every year he pre- bers include: Rachael Acquaye, Courtney DESOTO FOR BEING NAMED AN tends that the war is an unforeseen ‘‘emer- Brandenburg, Laura Brentnell, Chloe Christian, ALL-AMERICAN CITY gency.’’ Courtney Cole, Kierra Crutchfield, Naadia Funding our soldiers this way is dangerous Crutchfield, Julia Gomez, Asha Gray, Dionne HON. EDDIE BERNICE JOHNSON because it leaves them ill-equipped and sub- Harp, Tyera Herbin, Shea Jackson, Tay Jack- OF TEXAS ject to last minute actions like this by Con- son, Portia Jordan, Emily Kimmel, Savannah IN THE HOUSE OF REPRESENTATIVES gress. If, by contrast, we funded military oper- Lloyd, Jessica McCray, Raven McKlver, ations through the normal budget process, Albiana Mustafa, Charlse Nelson, Lakeya Tuesday, June 13, 2006 funding decisions would be made in the open O’Neal, Briana Overdiep, Cary Quillian, Mercia Ms. EDDIE BERNICE JOHNSON of Texas. and with the appropriate scrutiny they de- Perry, Nikkita Rowlings, Paisley Robinson, Mr. Speaker, I rise today to commend DeSoto serve. It would also allow for long-term plan- Mollie Rogers, Eunique Singleton, Rachel on being named an All-American City by the ning and more thoughtful budgeting. We have Smith, Caitlin Thornley, Cecilia Woke, National Civic League. Each year, the All- all read about the contracting waste and fraud Antioinette Walker, Katherine Webb, Amy American City Award is given to ten commu- that has occurred in Iraq. A number of no-bid Wenner, and LaNisha Woods. nities that exemplify the true American spirit, and open-ended contracts have wasted bil- After 25 years of coaching, Head Coach and show outstanding abilities to identify prob- lions of taxpayers’ dollars. This waste probably Sam Bays capped a tremendous career by lems and collectively conquer community-wide has made a few crooked businessmen bringing in a state title. The players recognize issues. wealthy and done nothing to protect our troops him as the reason for much of their success, It takes collaboration from the whole com- or help build a more stable democracy in Iraq. and he is obviously proud of them in turn. Nei- munity to be an All-American City, and DeSoto Lastly, and perhaps most importantly, I ther the coach nor the track and field team serves as a shining example of what can be refuse to continue to fund a failed policy. I op- could have jumped this hurdle without the help accomplished when community members, posed this war because I did not think the of Assistant Coaches Ronnie Smith, Tommy government, businesses and non-profit organi- President had made a convincing case for the Norwood and Zachary Crutchfield. zations work together to address critical local existence of weapons of mass destruction in issues. Iraq and I opposed his illegal doctrine of pre- We are late in congratulating the Ragsdale I would like to congratulate my outstanding emption. Since then I have only been heart- women’s tennis team for capturing the state constituents in DeSoto; especially Mayor Mi- broken by the utter incompetence of the plan- tennis title last year. Congratulations to: chael Hurtt and the DeSoto City Council. ning and execution. Our service members are Tianna Carter, Cameron Chatman, Chelsea Through their leadership, DeSoto has pro- doing outstanding work, and I salute their sac- Chatman, Sruthi Cherkur, Kiera Crutchfield, duced several exceptional grassroots initia- rifice. But the policymakers in Washington Naadia Crutchfield, Jeanette Edwards, Ashley tives including: DeSoto Dining and Dialogue, have let them down and put them in an impos- Johnson, Grace Kennerly, Hanae Matsui, the Empowered Homeowners Associations sible situation. As I said in a letter to Secretary Sirena Pickett, Paris Sims, Jessica Wise and Program, and the Youth Initiatives including Rice last September, it is time to begin bring- Catherine Wood. Congratulations also to Head the Hip Hop Summit. ing our soldiers home. Spending good money Coach Zachary Crutchfield for leading this DeSoto might be a small suburb of Dallas after bad on a failed policy puts our troops group of extremely talented women to victory. but has done a huge job in bettering the lives and our national security in even greater risk. On behalf of the citizens of the Sixth District of average Texans through cooperation and Let me talk for a moment about the other of North Carolina, we congratulate the grassroots initiatives. The accolades DeSoto is good portions of this bill which were attached Ragsdale Tigers on the amazing achieve- receiving are imminently well deserved, and I by the majority in a cynical attempt to buy ments of both teams. Congratulations to Prin- am confident of continued success for years to votes for the overall bill. cipal Dr. Kathryn Rogers, Athletic Director come. There is true emergency funding in this bill. Mike Raybon, the teachers, staff, students, f But it is money for Sudan and the gulf coast, parents, and fans of Ragsdale High school for and the preparation for the avian flu, not Iraq. bringing academic as well as athletic excel- WAIVING POINTS OF ORDER This bill contains $1.9 billion to meet the lence. AGAINST CONFERENCE REPORT pressing border security needs that exist be- ON H.R. 4939, EMERGENCY SUP- cause the President has not made funding for f PLEMENTAL APPROPRIATIONS border security a priority. Unfortunately, the bill ACT FOR DEFENSE, THE GLOBAL contains $708 million to pay for the deploy- 50TH ANNIVERSARY OF ANOKA WAR ON TERROR, AND HURRI- ment of National Guard troops to the border. CITY HALL CANE RECOVERY, 2006 This is a bad idea that will further burden Na- tional Guard units across America at a time SPEECH OF HON. MARK R. KENNEDY when they are stretched historically thin. HON. RUSH D. HOLT This bill also contains $19.8 billion to help OF MINNESOTA OF NEW JERSEY ensure that we meet our commitments to re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES build and restore the gulf coast. As we begin another hurricane season, my prayers are for Monday, June 12, 2006 Tuesday, June 13, 2006 the safety of all Americans who live near the Mr. KENNEDY of Minnesota. Mr. Speaker, I Mr. HOLT. Mr. Speaker, I rise today to op- coast. Yet prayers alone will not prevent flood- rise today to recognize the rededication of the pose the Emergency Supplemental Appropria- ing and help towns recover from hurricane re- City Hall building in Anoka, Minnesota on it tions Act for Defense, the Global War on Ter- lated destruction. A strong federal commitment 50th anniversary. ror, and Hurricane Recovery Conference Re- is needed to ensure that we remain at the port, H.R. 4939. This supplemental bill, total- highest state of readiness possible and that This building, with its unique construction in ing $94.5 billion, is the largest that the House we can respond to all hurricane related natural the shape of a revolver, was furnished to the of Representatives has ever considered. This disasters. city as a gift from its largest employer, Federal is almost $3 billion more than the bill the Finally, this bill includes desperately needed Cartridge. Anoka has had a long and proud House considered earlier this year. funds for the Sudan. I am glad that this bill will history of dedication and sacrifice to our coun- As I have said repeatedly on the House provide $350 million in emergency humani- try. floor, I strongly oppose using so-called ‘‘emer- tarian food assistance. There is additional Anoka rightly takes pride in its status as the gency supplementals’’ to fund nonemergency, funding for international disaster assistance first city to provide volunteers to the Union clearly foreseeable expenditures. This bill pro- and famine assistance, and $126 million to Army during the Civil War. These brave men vides $72 billion for continued military oper- sustain the African Union Mission in Sudan exemplified Minnesotans’ enduring commit- ations in Iraq and Afghanistan. The fact that peacekeeping forces. ment to freedom, and proved their courage our troops are on the ground in these dan- I am sorry that these true emergency funds during the First Minnesota Regiment’s famous gerous places is not a surprise. They have were attached to the foreseeable spending for charge at the battle of Gettysburg. been in Iraq for almost 3 years. Their needs the ongoing operations in Iraq. I have voted in I am delighted, today, to join the city of are well known to everyone, except, it seems, the past for rebuilding the gulf coast and end- Anoka in celebrating its proud history. I know the President and his budget staff. Every year, ing the genocide in Darfur, and I will continue this is only the beginning of what’s to come. the President fails to budget for the cost of to do so. But I will not fund a failed policy in

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.053 E13JNPT1 ccoleman on PROD1PC71 with REMARKS E1140 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2006 Iraq that is jeopardizing our soldiers need- This FTA will also help to stimulate job North Carolina, in addition to continued pro- lessly, stoking the insurgency, draining our na- growth in the United States, not only as a re- motion of academic excellence, has produced tional resources, and doing nothing to protect sult of increased trade but increased domestic not one but two state championships recently. Americans from terrorism at home. investment as well. Koreans have invested The first victory for Ledford High School was f nearly $20 billion in the United States, and brought home by sophomore, Megan Williams, have created American jobs through compa- in the pole vault competition of the track and RECOGNIZING THE START OF THE nies like Hyundai Motors, Samsung Elec- field championship. The second was achieved U.S.-KOREA FTA NEGOTIATIONS tronics, and Kia Motors. And as the largest in- by Ledford’s golf team. HON. DAN BURTON vestor in Korea, the United States already has In only her second year as a pole vaulter, a leading presence in that country as well. Megan Williams battled through a knee injury OF INDIANA An FTA would also benefit the great State IN THE HOUSE OF REPRESENTATIVES to claim the title. All nerves resulting from an of Indiana, which I proudly represent in Con- imperfect freshman season seemingly dis- Tuesday, June 13, 2006 gress. Korea is Indiana’s 10th largest export appeared, allowing the true champion athlete Mr. BURTON of Indiana. Mr. Speaker, ne- market, and Indiana exports $303 million in to break through. Although not new to state gotiations for a free trade agreement (FTA) goods to Korea annually. And outside the level competition, with two previous between the United States and the Republic of realm of international economics, almost cheerleading titles to her credit, this event ap- Korea commenced last week in Washington, 10,000 Korean-Americans reside in the State peared to be especially meaningful because of DC. I would like to recognize this historic un- of Indiana and more than 2,000 Korean stu- her success in the face of little experience. dertaking and emphasize the significance of a dents study at Indiana’s prestigious academic The combination of her determination, gym- U.S. trade accord with the Republic of Korea. institutions. nastic skills, and training from her dedicated On February 2, 2006, then-U.S. Trade Rep- In fact, Indiana Governor Mitch Daniels and coach, Shawn Loggins, drove Megan to con- resentative (USTR) Rob Portman and Korean his staff are actually preparing to return to tinue pursuing and obviously achieving excel- Minister of Trade Hyun-Chong Kim announced Asia to visit Japan and South Korea later this lence. Looking forward to new poles and new our two countries would negotiate an FTA. week so they can develop better economic heights, it’s no wonder that Megan Williams Both sides hope to complete negotiations by and trading partnerships between Indiana and was named athlete of the week by The (Lex- March 2007. Asia. Governor Daniels is determined to make ington) Dispatch. I applaud the decision by the United States long-lasting economic relationships in Asia, to negotiate a bi-lateral, free and fair trade especially with Korean companies, as he The golfing Panthers of Ledford High School agreement with a country that is not only a works to improve Indiana’s economy, create showed extreme poise under the pressure of strong economic partner, but an important ge- new and better Hoosier jobs, and ultimately defending a state title as they defeated Car- ographic ally as well. As my good friend and drive ahead Indiana’s economy well into the dinal Gibbons by a remarkable 13 shots in former USTR Rob Portman has noted, this 21st Century. their final performance of the year. Head agreement, if successfully concluded, will con- In addition to being a strong economic part- Coach John Ralls was quoted by The High stitute the largest and most commercially sig- ner, Korea is a key U.S. ally and a very impor- Point Enterprise as beaming, ‘‘Today we had nificant FTA the United States has negotiated tant one strategically. The United States and six scores in the 70s . . . we had six guys who in 15 years. Korea have a mutual defense treaty that dates were capable.’’ These scores are themselves The numbers are truly impressive. Korea is back to 1953, and Korea has supported U.S. an amazing feat, but more impressive is that the 10th largest economy in the world with a military efforts abroad, as recently as in both Ledford has won in back-to-back years in such GDP or nearly $1 trillion and a per capita in- Iraq and Afghanistan. a difficult conference. come of over $20,000. It is the United States’ Further, in the aftermath of Hurricane We are pleased to recognize all the mem- 7th largest trading partner and our 5th largest Katrina, Korea pledged over $30 million in aid bers of the Ledford golf team who contributed market for U.S. agricultural products. for relief and recovery efforts—the 4th largest to the victory. Players include: seniors Paxton Trade between our countries surpassed $72 amount donated by any foreign country. Davis and Zack Smith, juniors Jake Dykhoff, billion last year alone and U.S. exports to Re- This new partnership between the United Nick Goins (whose individual score placed him public of Korea reached nearly $28 billion dur- States and South Korea is sure to be a win- third in the state), and Logan Peck, and soph- ing the same year, and included important win for both of our countries. I look forward to omores Jeff Boyan, Curtis Brotherton, Matt goods like computer chips, industrial machin- working closely with the U.S. and Korean ne- Lawson, Chris Moore, Jordan Stiles, and ery, organic chemicals, agricultural produce, gotiators as talks proceed, so that we can en- Ethan Worley. and civilian aircrafts. sure the best opportunities for all Americans. The fantastic individual efforts of the players Bolstered by an FTA, U.S. exports to Korea Mr. Speaker, thank you for allowing me to would not have been enough to bring home a will no doubt increase substantially. A study by extend my remarks to recognize the historic championship, but through the collaborated ef- the U.S. International Trade Commission in occasion of the start of formal trade negotia- forts of the entire squad and the excellent 2001 revealed that an FTA with Korea could tions between the United States and the Re- coaching staff including Head Coach John increase U.S. exports by over 50 percent, and public of Korea last week. I strongly encour- Ralls and Associate Head Coach Jim agricultural exports by more than 200 percent age my colleagues to offer their own expres- Brotherton, it was possible to work together within four years. sions of support for this important endeavor. and clench the title as a team. The coaches South Korea’s average tariff on goods is just f over 11 percent—three times higher than the were no doubt proud of their players as they U.S. equivalent. The average tariff applied by ONE SCHOOL, TWO STATE led the Ledford High School golf team to yet Korea on agricultural products is even high- CHAMPIONSHIPS another state championship. er—52 percent, An FTA will lock in duty-free On behalf of the citizens of the Sixth District access and help to reduce other non-tariff bar- HON. HOWARD COBLE of North Carolina, we congratulate the Ledford riers for U.S. goods and agricultural products, OF NORTH CAROLINA Panthers golf team as well as Megan Williams providing significant opportunities for U.S. IN THE HOUSE OF REPRESENTATIVES and the rest of the track and field team. Con- businesses, farmers, and ranchers, and pro- gratulations to Principal Bill Butts, Athletic Di- vide another lucrative market for America’s Tuesday, June 13, 2006 rector Don Palmer, the teachers, staff, stu- auto manufacturers and U.S. beef and beef- Mr. COBLE. Mr. Speaker, I am pleased to dents, parents, and fans of Ledford High product exporters. report that a school in the Sixth District of School.

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13JN8.057 E13JNPT1 ccoleman on PROD1PC71 with REMARKS Tuesday, June 13, 2006 Daily Digest

HIGHLIGHTS The House agreed to the conference report to accompany H.R. 4939, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006. Senate emergency supplemental appropriations for the fiscal Chamber Action year ending September 30, 2006. Pages S5750–65 Routine Proceedings, pages S5731–S5819 A unanimous-consent-time agreement was reached Measures Introduced: Fifteen bills and five resolu- providing for further consideration of the conference tions were introduced, as follows: S. 3492–3506 and report at approximately 10 a.m., on Wednesday, S. Res. 507–511. Page S5779 June 14, 2006, that there be 25 minutes of debate controlled by the Chairman of the Committee on National Defense Authorization: Senate continued Appropriations, and 75 minutes of debate controlled consideration of S. 2766, to authorize appropriations by the Ranking Member of the Committee on Ap- for fiscal year 2007 for military activities of the De- propriations; provided further, that following the use partment of Defense, for military construction, and or yielding back of time, the conference report be set for defense activities of the Department of Energy, aside, and at 10 a.m., on Thursday, June 15, 2006, to prescribe personnel strengths for such fiscal year for the Armed Forces, taking action on the following Senate proceed to vote on adoption of the conference report, with no further intervening action or debate. amendments proposed thereto: Pages S5740–46 Adopted: Pages S5765, S5819 By a unanimous vote of 97 yeas (Vote No. 168), Stickler Nomination—Agreement: A unanimous- Warner (for Frist/Reid) Amendment No. 4208, to consent agreement was reached providing that the express the sense of Congress that the United States scheduled vote on the motion to invoke cloture on Armed Forces, the intelligence community, and the nomination of Richard Stickler, of West Vir- other agencies, as well as the coalition partners of ginia, to be Assistant Secretary of Labor for Mine the United States and the Iraqi Security Forces Safety and Health, was vitiated. Page S5746 should be commended for their actions that resulted Nominations Confirmed: Senate confirmed the fol- in the death of Abu Musab al-Zarqawi, the leader of lowing nomination: the al-Qaeda in Iraq terrorist organization and the Charles P. Rosenberg, of Virginia, to be United most wanted terrorist in Iraq. Page S5744 States Attorney for the Eastern District of Virginia Pending: for the term of four years. Page S5819 Levin (for Lautenberg) Amendment No. 4205, to provide a temporary prohibition on an increase in Messages From the House: Page S5777 copayments required under the retail pharmacy sys- Measures Referred: Page S5777 tem of the pharmacy benefits program of the De- Measures Placed on Calendar: Page S5777 partment of Defense. Pages S5740–41 Warner Amendment No. 4211, to name the Executive Communications: Pages S5777–79 CVN–78 aircraft carrier the U.S.S. Gerald Ford. Additional Cosponsors: Pages S5779–81 Pages S5744–46 Statements on Introduced Bills/Resolutions: Senate will continue consideration of the bill on Pages S5781–S5814 Wednesday, June 14, 2006. Additional Statements: Pages S5773–77 Emergency Supplemental Appropriations—Con- ference Report: Senate began consideration of the Amendments Submitted: Pages S5814–18 conference report to accompany H.R. 4939, making Notices of Hearings/Meetings: Page S5818 D618

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST June 13, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D619 Authorities for Committees to Meet: Electronic Industries Alliance and the Telecommuni- Pages S5818–19 cations Industry Association; John Rutledge, Rut- Privileges of the Floor: Page S5819 ledge Capital, Cos Cob, Connecticut, on behalf of the U.S. Chamber of Commerce; Philip Jones, Record Votes: One record vote was taken today. Washington Utilities and Transportation Commis- (Total—168) Page S5744 sion, Olympia, Washington, on behalf of the Na- Adjournment: Senate convened at 9:45 a.m., and tional Association of Regulatory Utility Commis- adjourned at 7:15 p.m., until 9:30 a.m., on Wednes- sioners; and Robert S. Foosaner, Sprint Nextel Cor- day, June 14, 2006. (For Senate’s program, see the poration, Reston, Virginia. remarks of the Acting Majority Leader in today’s CORPORATE TAX COMPLIANCE Record on page S5819.) Committee on Finance: Committee held a hearing to examine trends in corporate taxes and opportunities Committee Meetings to improve corporate tax compliance, including recent work on the misreporting of capital gains in- (Committees not listed did not meet) come from securities sales and options to improve FARM LOAN PROGRAMS compliance, receiving testimony from Mark Everson, Commissioner, Internal Revenue Service, Department Committee on Agriculture, Nutrition, and Forestry: Com- of the Treasury; David M. Walker, Comptroller mittee concluded an oversight hearing to examine General of the United States, Government Account- Department of Agriculture farm loan programs, fo- ability Office; Eileen J. O’Connor, Assistant Attor- cusing on the Farm Loan Programs Risk Assessment ney General, Tax Division, Department of Justice; (FLPRA), and barriers for entry-level farmers and George A. Plesko, University of Connecticut School ranchers, after receiving testimony from Glen Keppy, of Business, Storrs; Edward D. Kleinbard, Cleary, Associate Administrator for Programs, Farm Service Gottlieb, Steen and Hamilton LLP, New York, New Agency, Department of Agriculture; Dennis A. York; and Martin A. Sullivan, Tax Analysts, Falls Everson, First Dakota National Bank, Yankton, Church, Virginia. South Dakota, on behalf of the American Bankers Hearings recessed subject to the call. Association; Elisabeth B. Senter, Federal Managers Association, Gregory, South Dakota, on behalf of the COUNTERTERRORISM National Association of Credit Specialists of the Committee on Foreign Relations: Committee concluded Farm Service Agency; and Karen R. Krub, Farmers’ a hearing to examine the changing face of terror re- Legal Action Group, Inc., St. Paul, Minnesota. lating to counterterrorism, focusing on U.S. COMMUNICATIONS CONSUMER’S CHOICE & counterterrorism efforts, how terrorists are adapting BROADBAND DEPLOYMENT ACT and changing their operations, and where the U.S. is headed in the short and longer term, after receiving Committee on Commerce, Science, and Transportation: testimony from Vice Admiral John Scott Redd, USN Committee concluded a hearing to examine S. 2686, (Ret.), Director, National Counterterrorism Center, to amend the Communications Act of 1934, after re- Office of the Director of National Intelligence; ceiving testimony from former Representatives Dan Henry A. Crumpton, Coordinator for Glickman, on behalf of the Motion Picture Associa- Counterterrorism, Department of State; and John E. tion of America, and Steve Largent, on behalf of the McLaughlin, Johns Hopkins University Paul H. CTIA—The Wireless Association; Robert LeGrande, Nitze School of Advanced International Studies, and II, Office of the Chief Technology Officer, District Daniel Benjamin, Center for Strategic and Inter- of Columbia Government; Mayor Kenneth S. national Studies, both of Washington, D.C. Fellman, Arvada, Colorado, on behalf of sundry organizations; Brigadier General Richard M. Green FEDERAL BUDGET (Ret.), National Guard Association of the United Committee on Homeland Security and Governmental Af- States, Ben Scott, Free Press, on behalf of sundry or- fairs: Subcommittee on Federal Financial Manage- ganizations, John Rose, Organization for the Pro- ment, Government Information, and International motion and Advancement of Small Telecommuni- Security concluded an oversight hearing to examine cations Companies, on behalf of the Coalition to autopilot budgeting, including the PART (Program Keep America Connected, Kyle McSlarrow, National Assessment Rating Tool) and consider how system- Cable & Telecommunications Association, Walter B. atic performance reporting of government agencies McCormick, Jr., USTelecom, and Christopher helps taxpayers get better services as well as whether Putala, Earthlink, Inc., all of Washington, D.C.; Congress can better utilize the report cards to inform Dave McCurdy, Arlington, Virginia, on behalf of the their annual budgeting, after receiving testimony

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST D620 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 2006 from Clay Johnson III, Deputy Director for Manage- Kirsanow, Member, National Labor Relations Board, ment, Office of Management and Budget; Eileen and Commissioner, United States Commission on Norcross, George Mason University Mercatus Center, Civil Rights; Deborah Wright, Los Angeles County Fairfax, Virginia; and Adam Hughes, OMB Watch, Department of Registrar-Recorder, and John Washington, D.C. Trasvina, Mexican American Legal Defense and Edu- cation Fund, both of Los Angeles, California; Mauro VOTING RIGHTS ACT: BILINGUAL E. Mujica, U.S. English, Inc., and Linda Chavez, EDUCATION One Nation Indivisible, and the Center for Equal Committee on the Judiciary: Committee held a hearing Opportunity, both of Washington, D.C.; and Mar- to examine the continuing need for section 203 pro- garet Fung, Asian American Legal Defense and Edu- visions of the Voting Rights Act regarding bilingual cation Fund, New York, New York. election materials, receiving testimony from Peter N. Hearing recessed subject to the call. h House of Representatives H. Con. Res. 408, amended, to commend the Gov- Chamber Action ernment of Canada for its renewed commitment to Public Bills and Resolutions Introduced: 13 pub- the Global War on Terror, by a (2⁄3) yea-and-nay lic bills, H.R. 5590–5602; and 4 resolutions, H. vote of 409 yeas with none voting ‘‘nay’’, Roll No. Con. Res. 427–429; and H. Res. 866 were intro- 256. Page H3798 duced. Pages H3907–08 Agreed to amend the title so as to read: ‘‘Com- Additional Cosponsors: Page H3909 mending the Government of Canada for its renewed Reports Filed: Reports were filed today as follows: commitment to the Global War on Terror in Af- H. Con. Res. 372, recognizing the 50th Anniver- ghanistan.’’. Page H3798 sary of the Interstate Highway System, with amend- Oath of Office—Fiftieth Congressional District ments (H. Rept. 109–499); of California: Representative-elect Brian P. Bilbray H.R. 5117, to exempt persons with disabilities presented himself in the well of the House and was from the prohibition against providing section 8 administered the Oath of Office by the Speaker. Ear- rental assistance to college students (H. Rept. lier the Clerk of the House transmitted a facsimile 109–500); and copy of the unofficial returns of the Special Election H. Res. 865, providing for consideration of H.R. held on June 6, 2006 from Ms. Susan Lapsley, As- 5576, making appropriations for the Departments of sistant Secretary of State for Elections, California Sec- Transportation, Treasury, and Housing and Urban retary of State Office, indicating that the Honorable Development, the Judiciary, District of Columbia, Brian P. Bilbray was elected Representative in Con- and independent agencies for the fiscal year ending gress for the Fiftieth Congressional District of Cali- Page H3907 September 30, 2007 (H. Rept. 109–501). fornia. Page H3798 Speaker: Read a letter from the Speaker wherein he Whole Number of the House: The Chair an- appointed Representative Campbell to act as Speaker nounces to the House that, in light of the adminis- pro tempore for today. Page H3791 tration of the oath to the gentleman from California, Recess: The House recessed at 9:57 a.m. and recon- Mr. Brian P. Bilbray, the whole number of the vened at 11:00 a.m. Page H3797 House is adjusted to 433. Page H3799 Chaplain: The prayer was offered by the guest Emergency Supplemental Appropriations Act for Chaplain, Rev. Joseph J. Kleinstuber, Pastor, St. Defense, the Global War on Terror, and Hurri- Mary’s Catholic Church, Bryantown, Maryland. cane Recovery, 2006—Conference Report: The Page H3797 House agreed to the conference report to accompany Suspension—Proceedings Resumed: The House H.R. 4939, making emergency supplemental appro- agreed to suspend the rules and pass the following priations for the fiscal year ending September 30, measure which was debated on Monday, June 12th: 2006, by a yea-and-nay vote of 351 yeas to 67 nays, Commending the Government of Canada for its Roll No. 257. Consideration of the measure began renewed commitment to the Global War on Terror: on yesterday, Monday, June 12th. Pages H3799–H3800

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST June 13, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D621 H. Res. 857, the rule providing for consideration Kucinich amendment to increase funding (by off- of the conference report, was agreed to by voice vote, set) for the Federal Railroad Administration Safety after agreeing to order the previous question by a and Operations by $70,000; Page H3833 yea-and-nay vote of 204 yeas to 165 nays, Roll No. Millender-McDonald amendment to increase fund- 255. The resolution was agreed to on yesterday, ing for the Election Assistance Commission by Monday, June 12th. $250,000; Pages H3849–50 Suspensions: The House agreed to suspend the rules Knollenberg amendment to strike Section 531, and pass the following measures: beginning on page 175, line 16, through page 176, line 6; Page H3872 Providing for certain access to national crime Shays amendment to increase funding for the Pri- information databases by schools and educational vacy and Civil Liberties Board by $750,000; agencies for employment purposes, with respect to Pages H3872–75 individuals who work with children: H.R. 4894, to LaTourette amendment to increase funding (by provide for certain access to national crime informa- offsets) for Amtrak by $214,000,000 (by a recorded tion databases by schools and educational agencies vote of 266 ayes to 158 noes, Roll No. 263); for employment purposes, with respect to individuals Pages H3828–33, H3884–85 2 who work with children, by a ( ⁄3) yea-and-nay vote Bean amendment to increase funding (by offsets) of 415 yeas to 1 nay, Roll No. 259; for the National Highway Traffic Safety Administra- Pages H3805–08, H3816–17 tion Operations and Research by $6,700,000 (by a Exempting persons with disabilities from the recorded vote of 234 ayes to 190 noes, Roll No. prohibition against providing section 8 rental as- 264); Pages H3833–34, H3885 sistance to college students: H.R. 5117, amended, to Miller, Gary G. of California amendment that in- exempt persons with disabilities from the prohibi- creases funding (by offset) for the Community Devel- tion against providing section 8 rental assistance to opment Fund by $15,000,000 (by a recorded vote of college students; Pages H3808–09 286 ayes to 139 noes, Roll No. 266); Recognizing the 50th Anniversary of the Inter- Pages H3845–47, H3886–87 state Highway System: H. Con. Res. 372, to recog- Nadler amendment to increase funding for Section nize the 50th Anniversary of the Interstate Highway 8 housing vouchers (by a recorded vote of 243 ayes System; and Pages H3809–13 to 178 noes, Roll No. 267); Pages H3851–52, H3887 Supporting responsible fatherhood, promoting Davis of Alabama amendment to increase funding marriage, and encouraging greater involvement of for the Public Housing Capital Fund Program by fathers in the lives of their children, especially on $30 million (by a recorded vote of 262 ayes to 162 Father’s Day: H. Res. 318, amended, to support re- noes, Roll No. 268); Pages H3852–54, H3887–88 sponsible fatherhood, promoting marriage, and en- Harris amendment to increase funding (by offset) couraging greater involvement of fathers in the lives for the HUD Elderly and Disabled program by $15 of their children, especially on Father’s Day, by a million (by a recorded vote of 335 ayes to 90 noes, Roll No. 270); Pages H3859, H3889 (2⁄3) yea-and-nay vote of 407 yeas with none voting ‘‘nay’’ and 8 voting ‘‘present’’, Roll No. 260. Slaughter amendment to increase the funding in the bill for the Residential Lead-Based Paint Hazard Pages H3813–15, H3817 Program account in the amount of $35 million (by Transportation, Treasury, Housing and Urban offset) (by a recorded vote of 233 ayes to 190 noes, Development, the Judiciary, the District of Co- Roll No. 271); Pages H3862–65 H3889–90 lumbia and Independent Agencies Appropria- Waters amendment to add a new section pro- tions Act, 2007: The House began consideration of viding for the cost of guaranteed loans, as authorized H.R. 5576, making appropriations for the Depart- by section 108 of the Housing and Community De- ments of Transportation, Treasury, and Housing and velopment Act of 1974, and the amount otherwise Urban Development, the Judiciary, District of Co- provided in the bill for Management and Adminis- lumbia, and independent agencies for the fiscal year tration—Salaries and Expenses, is reduced by ending September 30, 2007. Further consideration is $2,970,000 (by offset) (by a recorded vote of 218 expected to resume tomorrow, Wednesday, June ayes to 207 noes, Roll No. 272); and 14th. Pages H3817–91 Pages H3865–72, H3890–91 Agreed to: Hooley amendment to increase funding (by offset) Knollenberg amendment to increase funding for for the High Intensity Drug Trafficking Areas Pro- the IRS operations support account by $20,748,000; gram by $8 million (by a recorded vote of 348 ayes Page H3828 to 76 noes, Roll No. 273). Pages H3875–77, H3891

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST D622 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 2006 Rejected: Agreed to H. Res. 862, waiving a requirement of Inslee amendment that sought to increase funding clause 6(a) of rule XIII with respect to the same day (by offset) for the Public Housing Capital Fund by consideration of certain resolutions reported by the $261 million; Pages H3854–56 Rules Committee, by a yea-and-nay vote of 221 yeas Israel amendment that sought to increase funding to 194 nays, Roll No. 258. Pages H3815–16 (by offsets) for Research and University Research Agreed to H. Res. 865, the rule providing for Centers by $9,448,000 (by a recorded vote of 197 consideration of the bill, by a recorded vote of 221 ayes to 228 noes, Roll No. 265); and ayes to 194 noes, Roll No. 262, after agreeing to Pages H3834–35, H3885–86 order the previous question by a yea-and-nay vote of Jackson-Lee of Texas amendment that sought to 249 yeas to 167 nays, Roll No. 261. Pages H3818–22 extend funding for the American Dream Downpay- Amendments: Amendments ordered printed pursu- ment Act by 3 months (by a recorded vote of 193 ant to the rule appear on pages H3909–10. ayes to 230 noes, Roll No. 269). Quorum Calls—Votes: Six yea-and-nay votes and Pages H3857–62, H3888–89 twelve recorded votes developed during the pro- Withdrawn: ceedings of today and appear on pages H3798, Waters amendment that was offered and subse- H3799–H3800, H3815–16, H3816–17, H3817, quently withdrawn which sought to increase funding H3821, H3821–22, H3884–85, H3885, H3885–86, (by offset) for Public Housing Capital Fund by H3886–87, H3887, H3887–88, H3888–89, H3889, $261,000,000; Pages H3837–38 H3889–90, H3890–91 and H3891. There were no Nadler amendment that was offered and subse- quorum calls. quently withdrawn which sought to increase funding Adjournment: The House met at 9:30 a.m. and ad- for the Housing Opportunities for Persons with journed at midnight. AIDS (HOPWA) program by $10 million; and Pages H3851–52, H3856–57 Wynn amendment that was offered and subse- Committee Meetings quently withdrawn which sought to provide $1 mil- DEFENSE AND THE DEPARTMENT OF lion (by offset) for a study on the implementation of LABOR, HEALTH AND HUMAN SERVICES, employee health and fitness programs for federal em- EDUCATION, AND RELATED AGENCIES ployees. Page H3877 APPROPRIATIONS FY 2007 Point of Order sustained against: Committee on Appropriations: Ordered reported, as The proviso, beginning on page 5, line 23, and amended, the following appropriations for Fiscal ending on page 5 line 24, constituted legislation in Year 2007: Defense; and the Department of Labor, an appropriations bill; Page H3836 Health and Human Services, Education, and Related The proviso, Section 101, constituted legislation Agencies. in an appropriations bill; Pages H3836–37 NATIONAL DEFENSE ENHANCEMENT AND The proviso, beginning on page 13, line 1, NATIONAL GUARD EMPOWERMENT ACT through page 13, line 6, constituted legislation in an appropriations bill; Page H3837 Committee on Armed Services: Held a hearing on issues The proviso, beginning on page 13, line 17, related to H.R. 5200, National Defense Enhance- through page 13, line 25, constituted legislation in ment and National Guard Empowerment Act of 2006. Testimony was heard from the following offi- an appropriations bill; Page H3837 The proviso, Section 120, constituted legislation cials of the Department of Defense; ADM Edmund P. Giambastiani, USN, Vice Chairman, Joint Chiefs in an appropriations bill; Pages H3839–40 of Staff; Gordon R. England, Deputy Secretary; GEN The proviso, Section 127, sought to change exist- Richard Cody, USA, Vice Chief of Staff, Department ing law and constituted legislation in an appropria- of the Army; and GEN John. D.W. Corley, USAF, tions bill; Pages H3840–45 Vice Chief of Staff, Department of the Air Force; BG The proviso, Section 206, constituted legislation Stephen M. Koper, USAF (Ret.), President, National in an appropriations bill; and Pages H3850–51 Guard Association of the United States; and MG Jackson-Lee amendment that sought to continue Francis D. Vavala, USA, Vice President, Adjutants the availability of tenant-based housing for the elder- General Association of the United States. ly under the bill. Pages H3860–62 Agreed to limit the number of amendments made NO CHILD LEFT BEHIND in order for debate and the time limit for debate on Committee on Education and the Workforce: Held a hear- each amendment during further proceedings. ing entitled ‘‘No Child Left Behind: Disaggregating Pages H3848–49 Student Achievement by Subgroups To Ensure All

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST June 13, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D623 Students Are Learning.’’ Testimony was heard from OVERSIGHT—STATE TAXATION OF Raymond Simon, Deputy Secretary, Department of INTERSTATE TELECOMMUNICATIONS Education; Ronald A. Peiffer, Deputy State Super- Committee on the Judiciary: Subcommittee on Com- intendent, Department of Education, State of Mary- mercial and Administrative Law held a hearing on land; and public witnesses. Oversight of State Taxation of Interstate Tele- NIH HUMAN TISSUE RESEARCH POLICIES communications Services. Testimony was heard from public witnesses. Committee on Energy and Commerce: Subcommittee on Oversight and Investigations held a hearing entitled CRIMINAL RESTITUTION IMPROVEMENT ‘‘Human Tissue Samples: NIH Research Policies and ACT Practices.’’ Testimony was heard from Susan Committee on the Judiciary: Subcommittee on Crime, Molchan, M.D., Program Director, AD Terrorism, and Homeland Security held a hearing on Neuroimaging Initiative, Neuroscience and the Criminal Restitution Improvement Act of 2006. Neuropsychology of Aging Program, National Insti- Testimony was heard from public witnesses. tute on Aging, NIH, Department of Health and DEPARTMENTS OF TRANSPORTATION, Human Services. TREASURY, AND HUD, THE JUDICIARY, Hearings continue tomorrow. DISTRICT OF COLUMBIA, AND HOME MORTGAGE DISCLOSURE ACT INDEPENDENT AGENCIES APPROPRIATIONS FY 2007 Committee on Financial Services: Subcommittee on Fi- nancial Institutions and Consumer Credit held a Committee on Rules: Granted, by voice vote, an open hearing entitled ‘‘Home Mortgage Disclosure Act: rule providing 1 hour of general debate on H.R. Newly Collected Data and What It Means.’’ Testi- 5576, Making appropriations for the Departments of mony was heard from Mark W. Olson, member, Transportation, Treasury, and Housing and Urban Board of Governors, Federal Reserve System; and Development, the Judiciary, District of Columbia, public witnesses. and independent agencies for the fiscal year ending September 30, 2007, equally divided and controlled HEALTH IT/FEDERAL EMPLOYEE HEALTH by the chairman and ranking minority member of BENEFITS the Committee on Appropriations. The rule waives Committee on Government Reform: Subcommittee on all points of order against consideration of the bill. Federal Workforce and Agency Organization contin- Under the rules of the House the bill shall be read ued hearings entitled ‘‘Healthier Feds and Families: for amendment by paragraph. The rule waives points Introducing Information Technology into the Federal of order against provisions in the bill for failure to Employees Health Benefits Program, a Legislative comply with clause 2 of rule XXI (prohibiting unau- Hearing on H.R. 4859, (Federal Family Health In- thorized appropriations or legislative provisions in an formation Technology Act of 2006). Part II.’’ Testi- appropriations bill), except as specified in the resolu- mony was heard from Representative Clay; Dan tion. The rule authorizes the Chair to accord priority Green, Deputy Associate Director, Center for Em- in recognition to Members who have pre-printed ployee and Family Support Policy, OPM; and public their amendments in the Congressional Record. Fi- witnesses. nally, the rule provides one motion to recommit with or without instructions. PRIVATE SECURITY FIRMS RESOLUTION—IRAQ WAR ON TERROR Committee on Government Reform: Subcommittee on Committee on Rules: Heard testimony from Chairmen National Security, Emerging Threats and Inter- Hyde and Hunter; Representatives Paul, Jones of national Relations held a hearing entitled ‘‘Private North Carolina, Lantos, Abercrombie, and Woolsey, Security Firms: Standards, Cooperation and Coordi- but action was deferred on H. Res. 861, Declaring nation on the Battlefield.’’ Testimony was heard that the United States will complete the mission in from William M. Solis, Director, Defense Capabili- Iraq and prevail in the Global War on Terror, the ties and Management, GAO; Shay Assad, Director, struggle to protect freedom from the terrorist adver- Defense Procurement and Acquisition Policy, De- sary. partment of Defense; the following officials of the Department of State: Greg Starr, Deputy Assistant NASA WORKFORCE Secretary, Bureau of Diplomatic Security; and James Committee on Science: Subcommittee on Space and Aer- Kunder, Assistant Administrator, Near East and Af- onautics held a hearing on The NASA Workforce: rica, U.S. Agency for International Development; Does NASA Have the Right Strategy and Policies to and public witnesses. Retain and Build the Workforce It Will Need?’’

VerDate Aug 31 2005 05:47 Jun 14, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN6.REC D13JNPT1 ccoleman on PROD1PC71 with DIGEST D624 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 2006 Testimony was heard from Toni Dawsey, Assistant and protect against terrorist attacks at chemical facilities, Administrator, Human Capital Management, NASA; S. 1554, to establish an intergovernmental grant program and public witnesses. to identify and develop homeland security information, equipment, capabilities, technologies, and services to fur- RAIL TRANSPORTATION OF HAZARDOUS ther the homeland security of the United States and to MATERIALS address the homeland security needs of Federal, State, and Committee on Transportation and Infrastructure: Sub- local governments, S. 1741, to amend the Robert T. Staf- committee on Railroads held a hearing on Current ford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the pro- Issues in Rail Transportation of Hazardous Materials. tection of the health and safety of residents, workers, vol- Testimony was heard from Representative Pomeroy; unteers, and others in a disaster area, S. 1838, to provide Joseph Boardman, Administrator, Federal Railroad for the sale, acquisition, conveyance, and exchange of cer- Administration, Department of Transportation; Rob- tain real property in the District of Columbia to facilitate ert J. Chipkevich, Director, Office of Railroad, Pipe- the utilization, development, and redevelopment of such line, and Hazardous Materials Investigations, Na- property, S. 2068, to preserve existing judgeships on the tional Transportation Safety Board; and public wit- Superior Court of the District of Columbia, S. 2146, to nesses. extend relocation expenses test programs for Federal em- f ployees, S. 2296, to establish a fact-finding Commission to extend the study of a prior Commission to investigate COMMITTEE MEETINGS FOR WEDNESDAY, and determine facts and circumstances surrounding the JUNE 14, 2006 relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December (Committee meetings are open unless otherwise indicated) 1941 through February 1948, and the impact of those ac- Senate tions by the United States, and to recommend appropriate remedies, H.R. 3508, to authorize improvements Committee on Banking, Housing, and Urban Affairs: busi- in the operation of the government of the District of Co- ness meeting to mark up S. 418, to protect members of lumbia, S. 2228, to designate the facility of the United the Armed Forces from unscrupulous practices regarding States Postal Service located at 2404 Race Street, sales of insurance, financial, and investment products, S. Jonesboro, Arkansas, as the ‘‘Hattie W. Caraway Post Of- 811, to require the Secretary of the Treasury to mint fice.’’, S. 2376, to designate the facility of the United coins in commemoration of the bicentennial of the birth States Postal Service located at 80 Killian Road in of Abraham Lincoln, S. 2321, to require the Secretary of Massapequa, New York, as the ‘‘Gerard A. Fiorenza Post the Treasury to mint coins in commemoration of Louis Braille, and the nominations of Sheila C. Bair, of Kansas, Office Building’’, S. 2722, to designate the facility of the to be a Member and Chairperson of the Board of Direc- United States Postal Service located at 170 East Main tors of the Federal Deposit Insurance Corporation, Kath- Street in Patchogue, New York, as the ‘‘Lieutenant Mi- leen L. Casey, of Virginia, to be a Member of the Securi- chael P. Murphy Post Office Building’’, H.R. 4108, to ties and Exchange Commission, Robert M. Couch, of Ala- designate the facility of the United States Postal Service bama, to be President, Government National Mortgage located at 3000 Homewood Avenue in Baltimore, Mary- Association, Donald L. Kohn, of Virginia, to be Vice land, as the ‘‘State Senator Verda Welcome and Dr. Chairman of the Board of Governors of the Federal Re- Henry Welcome Post Office Building’’, H.R. 3440, to serve System, and James B. Lockhart III, of Connecticut, designate the facility of the United States Postal Service to be Director of the Office of Federal Housing Enterprise located at 100 Avenida RL Rodriguez in Bayamon, Puer- Oversight, Department of Housing and Urban Develop- to Rico, as the ‘‘Dr. Jose Celso Barbosa Post Office Build- ment; to be followed by a hearing to examine Financial ing’’, H.R. 4786, to designate the facility of the United Accountability Standards Board’s proposed standard on States Postal Service located at 535 Wood Street in Beth- ‘‘Employers’ Accounting for Defined Benefit Pension and lehem, Pennsylvania, as the ‘‘H. Gordon Payrow Post Of- Other Postretirement Plans’’, 10 a.m., SD–538. fice Building’’, H.R. 4561, to designate the facility of the Subcommittee on Housing and Transportation, to hold United States Postal Service located at 8624 Ferguson hearings to examine extension of HUD’s mark-to-market Road in Dallas, Texas, as the ‘‘Francisco ‘Pancho’ program, 2:30 p.m., SD–538. Medrano Post Office Building’’, H.R. 4688, to designate Committee on Commerce, Science, and Transportation: Sub- the facility of the United States Postal Service located at committee on Technology, Innovation, and Competitive- 1 Boyden Street in Badin, North Carolina, as the ‘‘Mayor ness, to hold hearings to examine alternative energy tech- John Thompson ‘Tom’ Garrison Memorial Post Office’’, nologies, 10 a.m., SD–562. H.R. 4995, to designate the facility of the United States Committee on Environment and Public Works: to hold an Postal Service located at 7 Columbus Avenue in oversight hearing to examine whether potential liability Tuckahoe, New York, as the ‘‘Ronald Bucca Post Office’’, deters abandoned hard rock mine clean up, 9:30 a.m., H.R. 3549, to designate the facility of the United States SD–628. Postal Service located at 210 West 3rd Avenue in War- Committee on Homeland Security and Governmental Affairs: ren, Pennsylvania, as the ‘‘William F. Clinger, Jr. Post business meeting to consider S. 2145, to enhance security Office Building’’, H.R. 2977, to designate the facility of

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the United States Postal Service located at 306 2nd Ave- 5024, Promoting Transparency in Financial Reporting nue in Brockway, Montana, as the ‘‘Paul Kasten Post Of- Act of 2006; the Financial Netting Improvements Act of fice Building’’, S. 2690, to designate the facility of the 2006; H.R. 5039, Saving America’s Rural Housing Act United States Postal Service located at 8801 Sudley Road of 2006; H.R. 4804, FHA Manufactured Housing Loan in Manassas, Virginia, as the ‘‘Harry J. Parrish Post Of- Modernization Act of 2006; H.R. 5527, Mark-to-Market fice’’, S. 3187, to designate the Post Office located at Extension Act of 2006; H.R. 5393, Natural Disaster 5755 Post Road, East Greenwich, Rhode Island, as the Housing Reform Act of 2006; and H.R. 5443, Section 8 ‘‘Richard L. Cevoli Post Office’’, and H.R. 5245, to des- Voucher Reform Act, 10 a.m., 2128 Rayburn. ignate the facility of the United States Postal Service lo- Committee on Homeland Security, to mark up the fol- cated at 1 Marble Street in Fair Haven, Vermont, as the lowing bills: H.R. 3197, Secure Handling of Ammonium ‘‘Matthew Lyon Post Office Building’’, 10 a.m., SD–342. Nitrate Act of 2005; H.R. 4941, Homeland Security Committee on Indian Affairs: to hold hearings to examine Science and Technology Enhancement Act of 2006; and S. 374, to provide compensation to the Lower Brule and H.R. 4942, Promoting Antiterrorism Capabilities Crow Creek Sioux Tribes of South Dakota for damage to Through International Cooperation Act, 10 a.m., 311 tribal land caused by Pick-Sloan projects along the Mis- Cannon. souri River, and S. 1535, to amend the Cheyenne River Subcommittee on Intelligence, Information Sharing, Sioux Tribe Equitable Compensation Act to provide com- and Terrorism Risk Assessment, hearing entitled ‘‘Trans- pensation to members of the Cheyenne River Sioux Tribe portation Security Administration’s Office of Intelligence: for damage resulting from the Oahe Dam and Reservoir Progress and Challenges,’’ 2 p.m., 311 Cannon. Project, 9:30 a.m., SR–485. Subcommittee on Investigations, hearing entitled Committee on the Judiciary: to hold hearings to examine ‘‘Waste, Fraud and Abuse in the Aftermath of Hurricane ensuring competition and innovation relating to reconsid- Katrina,’’ 11 a.m., 311 Cannon. ering communication laws, 9:30 a.m., SD–226. Committee on International Relations, Subcommittee on Africa, Global Human Rights and International Oper- House ations, briefing and hearing on Modern-Day Slavery: Committee on Appropriations, Subcommittee on Science, Spotlight on the 2006 Trafficking in Persons Report, the Departments of State, Justice, and Commerce, and Forced Labor, and Sex Trafficking at the World Cup, 11 Related Agencies, to mark up appropriations for fiscal a.m., 2172 Rayburn. year 2007, 9:30 a.m., H–141 Capitol. Committee on Resources, hearing on H.R. 4761, Domestic Committee on the Budget, to mark up H.R. 4890, Legis- Energy Production through Offshore Exploration and Eq- lative Line Item Veto Act of 2006, 10:30 a.m., 210 Can- uitable Treatment of State Holdings Act of 2006, 11 non. a.m., 1324 Longworth. Committee on Education and the Workforce, Subcommittee Committee on Science, to mark up H.R. 5450, National on Workforce Protections, hearing entitled ‘‘Addressing Oceanic and Atmospheric Administration Act, 10 a.m., Concerns About the U.S. Department of Labor’s Use of 2318 Rayburn. Non-Consensus Standards in Workplace Health and Safe- Committee on Transportation and Infrastructure, Sub- ty,’’ 10:30 a.m., 2175 Rayburn. committee on Coast Guard and Maritime Transportation, Committee on Energy and Commerce, Subcommittee on oversight hearing on Deepwater Implementation, 1 p.m., Commerce, Trade, and Consumer Protection, hearing on 2167 Rayburn. Violent and Explicit Video Games: Informing Parents Committee on Veterans Affairs, oversight hearing on in- and Protecting Children, 2 p.m., 2123 Rayburn. formation security at the Department of Veterans Affairs, Subcommittee on Oversight and Investigations con- 10:30 a.m., 334 Cannon. tinue hearings entitled ‘‘Human Tissue Samples: NIH Committee on Ways and Means, hearing on the Imple- Research Policies and Practices,’’ 10 a.m., 2322 Rayburn. mentation of the Medicare Prescription Drug Benefit, Committee on Financial Services, to mark up the following 10:30 a.m., 1100 Longworth. bills: H.R. 5337, Reform of National Security Reviews of Permanent Select Committee on Intelligence, Subcommittee Foreign Direct Investments Act; H.R. 5068, Export-Im- on Terrorism, Human Intelligence, Analysis and Counter- port Bank Reauthorization Act of 2006; H.R. 2990, intelligence, executive, briefing on Title 50/Title 10 Con- Credit Rating Agency Duopoly Relief Act of 2005; H.R. cerns, 3 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 14 10 a.m., Wednesday, June 14

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Continue consideration of morning business (not to extend beyond 30 minutes), H.R. 5576—Transportation, Treasury, Housing and Senate will continue consideration of the conference re- Urban Development, the Judiciary, the District of Co- port to accompany H.R. 4939, Emergency Supplemental lumbia, and Independent Agencies Appropriations Act for Appropriations. Also, Senate will continue consideration Fiscal Year 2007 (Subject to a Rule). of S. 2766, National Defense Authorization.

Extensions of Remarks, as inserted in this issue

HOUSE Gonzalez, Charles A., Tex., E1131 Sa´ nchez, Linda T., Calif., E1134 Gutierrez, Luis V., Ill., E1137 Sanchez, Loretta, Calif., E1133 Bachus, Spencer, Ala., E1128, E1132 Hart, Melissa A., Pa., E1128, E1129, E1131 Schiff, Adam B., Calif., E1134 Blackburn, Marsha, Tenn., E1135 Holt, Rush D., N.J., E1139 Shays, Christopher, Conn., E1135 Blumenauer, Earl, Ore., E1134 Johnson, Eddie Bernice, Tex., E1139 Shuster, Bill, Pa., E1135 Bordallo, Madeleine Z., Guam, E1127 Johnson, Nancy L., Conn., E1128, E1131 Burton, Dan, Ind., E1140 Johnson, Timothy V., Ill., E1128, E1131 Smith, Lamar S., Tex., E1130 Cardoza, Dennis A., Calif., E1134 Kanjorski, Paul E., Pa., E1127, E1129 Solis, Hilda L., Calif., E1135 Carnahan, Russ, Mo., E1136 Kennedy, Mark R., Minn., E1139 Stark, Fortney Pete, Calif., E1136 Coble, Howard, N.C., E1137, E1138, E1140 Lantos, Tom, Calif., E1137 Udall, Mark, Colo., E1132 Costello, Jerry F., Ill., E1136 Markey, Edward J., Mass., E1135 Walsh, James T., N.Y., E1138 Dingell, John D., Mich., E1133 Matsui, Doris O., Calif., E1134 Wasserman Schultz, Debbie, Fla., E1129 Frank, Barney, Mass., E1133 Miller, Jeff, Fla., E1129, E1131, E1136 Wilson, Heather, N.M., E1135 Gibbons, Jim, Nev., E1138 Oxley, Michael G., Ohio, E1137

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