Senate the Senate Met at 9 A.M

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, WEDNESDAY, JUNE 7, 2006 No. 71 Senate The Senate met at 9 a.m. and was Senator from the State of Kansas, to per- When we return at noon, we have set called to order by the Honorable SAM form the duties of the Chair. aside debate times on two issues. First, BROWNBACK, a Senator from the State TED STEVENS, from 12 o’clock to 3 o’clock, we will be of Kansas. President pro tempore. debating the motion to proceed to the Mr. BROWNBACK thereupon as- repeal of the death tax. A cloture mo- PRAYER sumed the chair as Acting President tion was filed on proceeding to the The Chaplain, Dr. Barry C. Black, of- pro tempore. death tax repeal. That vote will occur fered the following prayer: f tomorrow morning. We have also set Let us pray. RESERVATION OF LEADER TIME aside debate from 3 o’clock to 6 o’clock Great Shepherd of us all, remind us on the motion to proceed to the Native The ACTING PRESIDENT pro tem- that You will not permit us to be test- Hawaiians measure. The cloture vote pore. Under the previous order, the ed beyond our strength. Inspire us in will occur on that motion to proceed leadership time is reserved. the face of great challenges by the fact during tomorrow’s session, as well. that You have weighed the difficulties f I add that this week we have other and will give us the power to meet MARRIAGE PROTECTION AMEND- matters to consider, including some them. Make us grateful for the oppor- MENT—MOTION TO PROCEED nominations. We hope to reach agreements to consider Sue Schwab to be tunities to express our love for You by The ACTING PRESIDENT pro tem- U.S. Trade Representative, the Assist- cheerfully bearing our crosses. pore. Under the previous order, the ant Secretary of Labor for Mine Safety Strengthen our Senators. Do not re- Senate will resume consideration of and Health, and several available dis- move their mountains, but give them the motion to proceed to S.J. Res. 1, trict judges who are on the Executive the energy to climb them. Lead them which the clerk will report. Calendar. We will be scheduling those around life’s stumbling blocks to a des- The bill clerk read as follows: tination that brings glory to You. for consideration through the remain- Motion to proceed to the consideration of ing days this week. We pray in Your powerful Name. S.J. Res. 1, proposing an amendment to the RECOGNITION OF THE MINORITY LEADER Amen. Constitution of the United States relating to marriage. The ACTING PRESIDENT pro tem- f The ACTING PRESIDENT pro tempore. The Democratic leader is recognized. PLEDGE OF ALLEGIANCE pore. Under the previous order, the time until 9:40 shall be equally divided VOTING The Honorable SAM BROWNBACK led between the two leaders or their des- Mr. REID. Mr. President, my only re- the Pledge of Allegiance, as follows: ignees. sponse would be on this side of the I pledge allegiance to the Flag of the aisle, we will be voting on the estate RECOGNITION OF THE MAJORITY LEADER United States of America, and to the Repub- tax. lic for which it stands, one nation under God, The majority leader is recognized. The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. SCHEDULE pore. The Senator from Wisconsin is Mr. FRIST. Mr. President, this morn- f recognized. ing we will have a brief period for clos- Mr. FEINGOLD. Mr. President, we APPOINTMENT OF ACTING ing remarks prior to the 10 a.m. vote will shortly be voting on what will pre- PRESIDENT PRO TEMPORE on the Marriage Protection Amend- sumably be the 28th amendment to the ment. That vote will be on a vote for U.S. Constitution. We all know the The PRESIDING OFFICER. The cloture on the motion to proceed to outcome of that vote. The amendment clerk will please read a communication S.J. Res. 1. will fall well short of the 60 votes re- to the Senate from the President pro Following the 10 o’clock vote, the quired for cloture, let alone the 67 tempore (Mr. STEVENS). Senate will recess in order to attend a votes required to pass a constitutional The legislative clerk read the fol- joint meeting with the House for the amendment, so it will fail, as it did 2 lowing letter: President of the Republic of Latvia, years ago. I am pleased that the Senate U.S. SENATE, who will be addressing both Houses at will reject this amendment. PRESIDENT PRO TEMPORE, 11 o’clock this morning. Senators I am heartened so many Senators Washington, DC, June 7, 2006. To the Senate: should remain in the Chamber fol- have come to the Senate to speak out Under the provisions of rule I, paragraph 3, lowing the vote so we may leave at ap- strongly against this misguided pro- of the Standing Rules of the Senate, I hereby proximately 10:40 for that joint meet- posal, but I am saddened that once appoint the Honorable SAM BROWNBACK, a ing. again the Senate has spent several

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

S5517

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.000 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5518 CONGRESSIONAL RECORD — SENATE June 7, 2006 days on such a divisive and unneeded Gay Americans are our neighbors, at it by a different route, it says it has proposal, a proposal that pits Ameri- our friends, our family members, and to go through the legislature. It can’t cans against one another. I think it ap- our colleagues. Millions are loving par- be forced by the court. What is wrong peals to people’s worst instincts and ents in strong and healthy families. with that? prejudices. Let’s not demonize them. Let’s not I find it a sad prospect that we might The arguments made by supporters of play upon fears. Let’s not use them as not be able to pass this 90 to 10. Mar- the amendment simply do not hold up scapegoats for perceived social prob- riage is a foundational institution. It is under scrutiny. Supporters argue that lems. Let’s allow—in fact, let’s encour- under attack by the courts. It needs to Federal courts are basically on the age—States to extend rights and re- be defended in this way by defining it brink of recognizing same-sex marriage sponsibilities to these decent, loving, as the union of a man and a woman as and that States may be forced to recog- law-abiding families. We can start 45 of our 50 States have done. If it is nize same-sex marriage performed in today by rejecting this unnecessary, going to be defined otherwise, it must other States. Of course, neither of mean-spirited and poorly drafted con- be done by the legislatures and not by these things have happened, and no one stitutional amendment. the courts. has explained why we should do a pre- I yield the floor and suggest the ab- This morning we are going to vote on emptive strike on the basic governing sence of a quorum. a constitutional amendment to define document of the country to address a The ACTING PRESIDENT pro tem- marriage as the union of a man and a hypothetical future court decision. pore. The clerk will call the roll. woman. This is about who is going to Supporters talk about traditional The bill clerk proceeded to call the determine the definition, whether it is marriage but in some ways have very roll. the courts or the legislative bodies. little respect for the traditional role of Mr. FEINGOLD. Mr. President, I ask The amendment is about how we are the States in regulating marriage. If unanimous consent that the order for going to raise the next generation. How they did, they would not be trying to the quorum call be rescinded. are they going to be raised? It is a fun- impose a restrictive Federal definition ACTING PRESIDENT pro tempore. damental issue for our families and for of marriage on all States for all time. Without objection, it is so ordered. our future. It is an issue for the people. The supporters argue that this amend- Mr. FEINGOLD. Mr. President, I ask It is not an issue that the courts should ment will not effect the ability of the time during the quorum call be resolve. Those of us who support this State legislatures to extend benefits to equally divided on both sides. amendment are doing so in an effort to same-sex couples or enact civil unions, The ACTING PRESIDENT pro tem- let the people decide. but as I tried to point out in some pore. Without objection, it is so or- There has been a lot of eloquent de- depth yesterday, even the legal experts dered. bate about this constitutional amend- who would support this constitutional Mr. FEINGOLD. I suggest the ab- ment. I have been on the Senate floor amendment cannot even agree about sence of a quorum. most of the time. I have heard very lit- The ACTING PRESIDENT pro tem- its potential effect and scope. We are tle debate against the amendment. I pore. The clerk will call the roll. not talking about putting together a have heard a lot of people complaining The bill clerk proceeded to call the statute; we will put this into the Con- that we ought to take up something roll. stitution. else, that this is not so important. I Supporters rail against activist Mr. BROWNBACK. Mr. President, I look at it and say, we have this many judges. But if this vaguely worded ask unanimous consent that the order States that have deemed it important amendment ever passes, it will result for the quorum call be rescinded. enough that they would put it on their in substantial litigation. What are the The PRESIDING OFFICER (Mr. AL- legal incidents of marriage? Is a civil LARD). Without objection, it is so or- ballots. This is important. We have had union a marriage in all but name and dered. basically one, two, maybe three speak- therefore subject to the amendment? Mr. BROWNBACK. How much time is ers say they really question the amend- Judges would have to answer these and remaining on our side of the aisle? ment, but most of them say we other questions that the supporters of The PRESIDING OFFICER. There is shouldn’t spend our time on this the amendment have so far failed to re- 141⁄2 minutes. amendment. We shouldn’t spend our solve. There is certainly a rich irony in Mr. BROWNBACK. I ask when 71⁄2 time on the estate tax. They don’t that. minutes have been used, I be informed. mention the native Hawaiian bill that We have heard moving speeches, and The PRESIDING OFFICER. The is coming up, or suggest that we should I do not doubt the sincerity of the Chair will inform the Senator. not spend our time on that. speakers, about the central role and Mr. BROWNBACK. Mr. President, if We are going to have this vote. Peo- volume of marriage in our society. Members of the Senate vote as their ple are going to be responsible for this What I still do not understand, and States have voted on this amendment, vote. We are making progress in Amer- what the supporters of the amendment the vote today will be 90 to 10 in favor ica on defining marriage as the union have failed to demonstrate, is why we of a constitutional amendment. Forty- of a man and a woman, and we will not should prevent States from deciding to five States have defined marriage as stop until it is defined and protected as open this institution to men and the union of a man and a woman. the union of a man and a woman. We women who happen to be gay and les- I want to show my colleagues an out- have far more States now that have bian all over the country. dated map. It shows the number of voted on this issue than the last time Married heterosexual couples are States that have weighed in on the we voted on it. We now have far more shaking their heads and wondering, topic of marriage. Yesterday, Alabama court challenges taking place to this how, exactly, the prospect of gay mar- voted by 81 percent to define marriage fundamental definition of how we look riages threatens the health of their as the union of a man and a woman. at the union of marriage. marriages. The dark green States are those that Marriage is about our future. I con- This amendment would make a mi- have already passed; light green are tinue to be struck by the opponents of nority of Americans permanent second- those where it is pending, and only five this amendment who say it is an effort class citizens of this country. It would States have not defined marriage as a to promote discrimination. The amend- prevent States, many of which are union between a man and a woman. So ment is about promoting our future, grappling with the definition of mar- if Senators would represent their our families, how we raise that next riage, from deciding that gays and les- States, this amendment would pass 90 generation, and about allowing a defi- bians should be allowed to marry. It to 10. It would pass with the definition nition of a fundamental institution to may even prevent States from offering of marriage as the union of a man and be made by the people rather than by certain benefits of marriage to same- a woman. And if anybody wants to de- the courts. sex couples through civil union or do- fine it otherwise, it will have to go I have shown a number of charts mestic partnership legislation. And it through the State legislature, not the demonstrating that the best situation would write discrimination into a doc- courts. for our children to be raised is in a ument that has served as a historic So there is nothing to oppose in this home with a mother and father. Chil- guarantee of individual freedom. amendment. If your State wanted to go dren need these two parents. It is not

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.002 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5519 that you can’t raise good children in a The PRESIDING OFFICER. The bling an argument on the merits came single-parent household; you can. clerk will call the roll. in the form of States rights. While well Many struggle heroically to do so. Yet The bill clerk proceeded to call the meaning, the argument is unfounded. we know from all the data that the roll. First, my amendment actually pro- best place is with a mother and father. Mr. ALLARD. Mr. President, I ask tects States rights. Same-sex advo- Children do best academically and so- unanimous consent that the order for cates have, through the courts, system- cially, and they are more likely to be the quorum call be rescinded. atically and successfully trampled on raised in financially stable homes when The ACTING PRESIDENT pro tem- laws democratically enacted in the a mother and father are both present. pore. Without objection, it is so or- States. My amendment takes the issue More importantly, they have the se- dered. out of the hands of a handful of activist curity of knowing there are two people Mr. ALLARD. Mr. President, I begin judges and puts it squarely back in the in their lives who provide security and by thanking the majority leader and hands of the States. stability, two people who provide some- the 32 cosponsors of S.J. Res. 1, the Secondly, the process to amend the thing, each differently, but that is very Marriage Protection Amendment. I Constitution is the most democratic, important. thank the Senator from Kansas for his federalist process in all our govern- These two people become one. They leadership, courage, and for standing in ment. It is neither an exclusively Fed- are united. They become one bonded support with me of marriage. eral nor an exclusively State action. It We as Senators are called to duty to together. This past weekend, my moth- is the shared responsibility of both. debate this issue today out of respect er-in-law and father-in-law celebrated Once passed by the Congress, legisla- for the democratic process. The voice 56 years of marriage. While often they tures in all 50 States will have the op- of the people has been heard loud and may disagree with one another—some- portunity to debate and decide this clear. Marriage is the union of a man times pretty heatedly, sometimes one issue for themselves. and a woman. could call it almost barking at each Finally, under my amendment, other—they are inseparable. They are It has been heard in the 20 States with constitutional amendments States remain free to address the issue one. It is a beautiful thing to see. It is of civil unions and domestic partner- the way that we should uphold these passed by an average of over 70 percent of voters. It has been heard in the 26 ships. Citizens acting through their institutions. Their children and their State legislatures can bestow whatever grandchildren and great-grandchildren States with statutes protecting traditional marriage. It has been heard in 45 benefits to same-sex couples they get to see these two people, two old choose. The real danger to States trees leaning against each other, hold- States and in this Congress. Unfortunately, dissatisfied with the rights would be to do nothing and to ing each other up, physical bodies not acquiesce to the recognition of anything near what they used to be, outcome of the democratic process, a handful of activists have launched a unenumerated constitutional rights in but supporting and helping and setting which the States have had no partici- a foundation for all future generations carefully coordinated campaign to circumvent the democratic process and pation. to look at and say: That is the way it The truth is, the Constitution will be ought to be done. redefine marriage through the courts. As a result, I introduced S.J. Res. 1, amended whether we pass this bill or Life hasn’t always been easy for not. The only question is whether it them. There have been difficulties an amendment to the Constitution, that simply defines marriage as a will be amended through the amend- through time. They have had some ment process or by unaccountable ac- hardships, working together. My fa- union of a man and a woman, while tivist judges. If we fail to redefine mar- ther-in-law has done very well, served leaving all other issues of civil unions riage, the courts will not hesitate to do in Korea, during which time they were or domestic partnerships to the States. I am pleased the issue has this week it for us. separated by many miles. I, for one, believe the institution of My parents have been married over 50 been debated in a democratically elect- marriage and the principles of democ- years. You look at them and say: That ed and deliberative body—where it be- racy are too precious to surrender to is the way it should be, where two belongs. come one. Out of that union comes Throughout the course of the past 2 the whims of a handful of unelected ac- more people, more children, raised days, I have heard countless arguments tivist judges. I urge my colleagues to with a solid set of foundational values in favor of marriage from both sides of join me in my stand for democracy and that you hope can be good citizens. We the aisle. Surprisingly, many of the marriage by voting yes on S.J. Res. 1, are all going to have difficulties and same people making those arguments the Marriage Protection Amendment. problems, but isn’t that something will not vote for our amendment to I yield the floor. The ACTING PRESIDENT pro tem- that we can do and we should do for the protect marriage. pore. The Senator from Illinois. next generation? Equally as surprising, notwith- We have an important issue in front standing their opposition, I heard few Mr. DURBIN. Mr. President, one of of us, the definition of marriage. We arguments opposing my amendment on the first things a Member of the Senate have a country that is watching and the merits. Instead, most of those op- should learn is humility, humility that knows what they believe marriage posed to the amendment shifted the de- when it comes to some of the docu- should be defined as, the union of a bate to issues other than the pending ments that guide our Nation. We cer- man and a woman, as 45 States have business. I suspect these shifts were tainly understand the Constitution we defined it. The courts are moving oth- meant to divert attention away from are sworn to uphold and defend is a erwise. We say let the legislatures de- their intent to vote differently than an treasured document which has guided cide, and that it is an important issue, average of 70 percent of their constitu- us for over two centuries. I, for one, meritorious of our vote. ents do when they vote on the issue of come to the subject of amending this To those who oppose this amend- same-sex marriage at home. Constitution with real humility. I ment, I think they will have to explain While other issues are without a think it is bold of some of my col- to a lot of people why they oppose mar- doubt very important, the Senate has leagues to believe that their handi- riage as the union of a man and a and continues to devote considerable work, their words, could stand the test woman and why they don’t think the time and will likely devote even more of time, could be measured against the State legislatures should be the ones time to debate on these important work product of Thomas Jefferson and responsible for defining this but, rath- issues this year. With the over- the greats in American history. er, that this should be defined by the whelming support that was voiced on This matter before us today is an at- courts. I don’t think their position is this floor for the institution of mar- tempt by some of my colleagues to across America. riage, one would think that addressing amend the Constitution, to change the This is important. I hope my col- the nationwide attack on marriage document which has guided America leagues support this constitutional that is underway would warrant at for so long. I have seen a lot of these amendment. least 1 full day of debate on the issue. amendments come and go as a member I yield the floor and suggest the ab- The one tack taken by those opposed of the Judiciary Committee. Some of sence of a quorum. to the amendment most closely resem- them, frankly, couldn’t even make it

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.003 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5520 CONGRESSIONAL RECORD — SENATE June 7, 2006 through the committee, let alone on about the preservation of a majority. enough for those who propose this the Senate floor or be sent to legisla- The Republican majority believes that amendment. They want more. I believe tures for approval. if they can bring these issues which that is unfortunate. It is unfortunate But still Members come forward with fire up their political base to the floor, when we consider that we are taking a variety of ideas. Today, we consider they will have better luck in the No- the precious time of the Senate on an the so-called Marriage Protection vember election. So at the risk of di- issue which we should not be consid- Amendment. My friend, my colleague viding America, at the risk of putting ering at this moment. The Republican from Colorado, Senator ALLARD, the language in the Constitution that leadership ought to listen to First lead sponsor of it, says this amendment could not stand the test of time, they Lady Laura Bush. She was asked about will not infringe on the rights of States will take the time of the Senate and this amendment last month on ‘‘FOX to determine the status of different re- engage us in this debate. That is unfor- News Sunday’’—the fair and balanced lationships. Yet let me read the lan- tunate when you think of so many FOX, remember that? This is what she guage of his amendment: other things we should be dealing with. said: Neither this Constitution, nor the Con- Would this not have been a great I don’t think it should be used as a cam- stitution of any State, shall be construed to week to deal with energy policy and re- paign tool, obviously. require that marriage or the legal incidents ducing our dependence on foreign oil, That sentiment was echoed last thereof be conferred upon any union other to make America less dependent upon than the union of a man and a woman. month by the daughter of Vice Presi- the Middle East and the foreign powers dent CHENEY. This is what she said: So if my State of Illinois decides to that push us around because we need establish a domestic partnership law I certainly don’t know what conversations their oil to propel our economy? Would have gone on between Karl [Rove] and any- and say that two people of the same this not have been a perfect week to body up on the Hill, but . . . this amendment gender can live together and share debate affordable and accessible health . . . is writing discrimination into the Con- health insurance and can be in a rela- care for every single American? Would stitution and . . . it is fundamentally wrong. tionship where there would be a guar- this not have been a perfect week for Now consider the wise words of an- antee that they would have access to us to decide what in the 21st century other former Senator, a loyal Repub- visit one another in times of hos- we need to do to make sure our schools lican, John Danforth of Missouri—a pitalization and sickness, where prop- prepare our citizens to continue to lead conservative man, but he opposes this erty rights could be established, is that in this world? Would this not have been amendment. He said this in a recent a legal incident of married life? Most an important week for us to come to- speech: people would say yes. Clearly, this lan- gether and have a meaningful debate Some historian should really look at all of guage says it would be prohibited. So on the war in Iraq which has claimed the proposals that have been put forth what we have here goes far beyond the 2,476 of our best and bravest young men throughout the history of our country for concept of marriage. We have to take and women? possible constitutional amendments. Maybe care not to put language in this Con- No. The Republican majority said no. at some point in time there was one that was stitution that will come back to haunt They said this is a perfect week for us sillier than this one, but I don’t know of one. us. to come together and discuss a flawed In fact, over 11,000 constitutional I step back, too, and look at this de- amendment to the Constitution, for us amendments have been proposed by bate and wonder, why are we here on to come together on an issue that, Members of Congress throughout our the floor of the Senate doing this? Why sadly, divides us rather than unites us history. Only 17 of them actually are we debating this issue above all as Americans, and to take that time off passed into the Bill of Rights. Why? others? Why are we taking virtually a the Senate calendar. I think it is very Because amending our Constitution week of Senate business time to debate clear that this is not a voter priority. should take place under only the most the issue of gay marriage? I think it It is not an American priority. When extraordinary circumstances. We goes back to a statement made by the American people were asked in a should amend it only when it is essen- President Bush a couple weeks ago on Gallup Poll in April, ‘‘What do you tial to protect the rights and liberties the issue of immigration. This is what think is the most important problem of the American people. he said: facing this country today,’’ this issue I am joined in this belief not only by We cannot build a unified country by incit- came in at No. 33. But for Senator Democrats but by Senator Danforth, ing people to anger, or playing on anyone’s FRIST and the Republican majority, it the Vice President’s daughter, the fears, or exploiting [an] issue . . . for polit- is No. 1 this week. I think most people First Lady, and by many true conserv- ical gain. realize there is political motivation atives. He was referring to the issue of im- here and that is what it is all about. Listen to what Steve Chapman, a lib- migration, but the standard is a good We should also consider the reality ertarian writer from the Chicago Trib- one. We have a responsibility to unite that this is clearly a State issue. une, wrote: America and not divide it. States have always established the If there is anything American conserv- Mr. President, I wish you could hear standards for marriage. That has been atives should revere, it’s the U.S. Constitu- the telephone calls to my office. The the tradition in American law, a tradition, a timeless work of political genius. people calling in support of this tion which would be upset and voided Having provided the foundation for one of amendment—many of them—are very by this amendment. Each State may the freest societies and most durable democ- courteous and ask me to vote for the have slightly different standards. racies on Earth, it shouldn’t be altered light- amendment. But, sadly, so many of A few years ago, under a Democratic ly or often. them call spewing their hatred and big- President, Congress passed the Defense As United States Senators, we take otry of people of different sexual ori- of Marriage Act. The Defense of Mar- an oath. We solemnly swear to support entation. You think to yourself, is this riage Act said that no State would be and defend this Constitution. I believe good for America? Is it good for us to compelled to recognize the standards of part of that oath requires us to take have this sort of angry display brought another State when it came to same- care when it comes to changing the out by our actions on the floor of the sex marriage. Now, that means in the Constitution. Senate at a time when we know this State of Massachusetts, where gay I have listened to some of the debate constitutional amendment will not be marriage is allowed, they can make on the floor. The Presiding Officer enacted by the Senate? Nobody be- that decision. The people in that State from Kansas spoke yesterday about lieves it will receive the 67 votes that can validate that decision and courts marriage in America. I think it is a le- are necessary for final passage, and few can approve that decision, but they gitimate concern. America’s strength believe it will even come close to the 60 cannot impose that decision on Kansas, is its families. The family of Ameri- votes necessary on a cloture motion. Colorado, Illinois, or Alabama. cans has been the model—the goal, Yet we come today, as we have times The Defense of Marriage Act has really—and the leadership of our Na- before, to bring up this issue. never been successfully challenged, tion. But to argue for this amendment, This debate is not about the preser- never been overturned, and it is the suggesting that the increase in births vation of marriage. This debate is law of the land. But it is not good to unmarried women is somehow

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.004 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5521 linked to gay marriage—I don’t under- Defense of Marriage Act has clearly al- the Constitution as our personal sand- stand that connection in any way ready defined ‘‘marriage’’ as ‘‘only a box, in which to build and destroy cas- whatsoever. To suggest that lower in- legal union between one man and one tles as we please, we risk diluting the come level people are less likely to woman as husband and wife.’’ grandeur of having a Constitution in marry and that has something to do Proponents of this amendment argue the first place.’’ with gay marriage—I don’t understand that it is only a matter of time before The Constitution has been amended that connection, either. the Federal courts become involved in the past to broaden and affirm the If we are truly going to strengthen with marriage law, and they raise the rights of Americans and never to nar- the American family, would we not fear that the Defense of Marriage Act row the rights of a group of Americans. want to increase the minimum wage in could be struck down by so-called ‘‘ac- Amendments to our Constitution have America, which hasn’t been increased tivist’’ judges and courts. However, freed enslaved Americans and given by this Republican Congress in 9 years? this simply has not been the case. This women the right to vote. And it is the Would we not want to provide basic same argument was made in the Senate first 10 amendments, our Bill of Rights, health insurance to families so they in 2004, but the Defense of Marriage which protect our most cherished free- can have peace of mind when their chil- Act still stands and remains law. doms like the freedom of speech. dren get sick? Would that not strength- Since 2004, DOMA has been upheld For all these reasons, I will oppose en families? Would we not want to three times in Federal courts. In 2004, a the adoption of this constitutional make sure we have good-paying jobs in Washington Federal judge upheld amendment. America that create opportunities so DOMA in a case where a couple had ob- Mr. KERRY. Mr. President, for the people can look ahead with optimism? tained a Canadian marriage license. In past 3 days, the Senate has been bogged Would that not strengthen families and 2005, a Florida Federal district court down debating a constitutional amend- our country? Instead, we have the gay upheld DOMA as constitutional in a ment on gay marriage. marriage amendment. case where a couple married in Massa- You might ask yourself, why now? In the State of Kansas, the former chusetts sought recognition of their What’s the constitutional crisis that Republican State chairman has decided marriage in Florida. And only last needed to be addressed this week? Did to become a Democrat. He said he was month, the Ninth Circuit Court of Ap- the Republican leader bring this legis- tired of the culture wars the Repub- peals upheld a lower court decision dis- lation to the floor in response to a lican Party tended to always want to missing a challenge to DOMA in Cali- marriage crisis in the United States? fight. We saw it here in the Congress fornia. There is no particular reason to States, which have had the responsi- last year when the House Republicans believe that another pending challenge bility of setting marriage laws for two were in trouble and they brought up currently in district court or future centuries, have taken action on gay the tragic case of Terri Schiavo—an in- challenges to DOMA will be successful. marriage as they’ve seen fit. No crisis vasion of the Federal Government into I believe that the laws regarding there. the most personal, private decision a marriage are matters to be dealt with No, this amendment is front and cen- family could face. Now, again, facing by the States. My State of Michigan, ter in the Senate in response to a polit- political difficulty, they bring up this for example, enacted a constitutional ical crisis: a crisis in the Republican Federal marriage amendment. It will amendment in 2004 which provides that Party. not pass today. We must set it behind marriages and other similar unions What is most outrageous to Ameri- us and move forward on the important shall only be recognized as being be- cans is the cost of this debate in oppor- agenda the American people sent us to tween one man and one woman. DOMA tunities lost to address very clear and Washington to work on. Let us do it in continues to protect each State’s right present crises in our country. Debating the spirit that President Bush re- to define marriage. the constitutional amendment to ban minded us of a few weeks ago—building The language of the proposed con- gay marriage displaces Americans’ real a unified country, not inciting people stitutional amendment contains a priorities—dealing with gas prices and to anger or playing on anyone’s fears number of other problems. The amend- our dangerous dependence on foreign or exploiting an issue for political ment reads ‘‘Marriage in the United oil, providing health care to the 45 mil- gain. States shall consist only of the union lion uninsured, lowering health care I hope my colleagues will join me in of a man and a woman. Neither this costs, advancing stem cell research, se- opposing amending the Constitution, Constitution, nor the constitution of curing our ports, bringing our troops despite the best efforts of those who any State, shall be construed to re- home from Iraq, and ensuring our re- bring this issue before us today in S.J. quire that marriage or the legal inci- turning veterans have the support they Res. 1. This does not merit inclusion in dents thereof be conferred upon any need. the most treasured and important doc- union other than the union of a man Why the sudden call from so-called ument that guides America and its de- and a woman.’’ conservatives to take the power to reg- mocracy. The principal sponsor of this amend- ulate marriage away from the States? Mr. LEVIN. Mr. President, the Sen- ment, Senator ALLARD, states that this The Federal Government does not even ate is once again debating an amend- amendment will give ‘‘State legisla- have the jurisdiction to regulate mar- ment which proposes to establish a tures the freedom to address civil riage. Since this country was founded, Federal definition of marriage in the unions however they see fit,’’ even States have had the authority to regu- U.S. Constitution. Only 2 years ago, though this is a power the States al- late marriage and other family-related the Senate rejected a similar effort. ready possess. In fact, the very lan- matters. Currently 49 States limit mar- One stated reason for considering guage of this constitutional amend- riage licenses to heterosexual couples, this amendment is to protect States ment would make it unconstitutional and 18 States have adopted State con- from having to honor the decisions of for the States to create civil unions or stitutional amendments banning same- other States regarding marriage laws. domestic partnerships in their con- sex marriages. For over 200 years, this This is unnecessary because 10 years stitutions with any of the same legal balance of power has worked. ago this body overwhelmingly passed, benefits currently afforded to mar- The Federal Government is not in and President Clinton signed into law, riage. the business of issuing marriage li- the Defense of Marriage Act, DOMA, Our Constitution should not be al- censes or dissolving marriages. Con- which I supported, which states that tered lightly. It has been amended only gress does not dictate the age at which ‘‘No State . . . shall be required to give 17 times since the enactment of the people can get married or the grounds effect to any public act, record, or judi- Bill of Rights over 200 years ago. As for seeking an annulment or divorce. I cial proceeding of any other State . . . former Republican Congressman Bob do not believe the Federal Government respecting a relationship between per- Barr, the author of the Defense of Mar- even has the power to legislate such sons of the same sex that is treated as riage Act, stated in testimony before things. a marriage under the laws of such the House Judiciary Committee 2 years Should this amendment pass, it other State . . . or a right or claim ago, ‘‘We meddle with the Constitution would be the first time that the Con- arising from such relationship.’’ The to our own peril. If we begin to treat stitution is amended to deny rights to

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.005 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5522 CONGRESSIONAL RECORD — SENATE June 7, 2006 a particular group of Americans, sin- tack by the courts, and, therefore, pas- Mr. INHOFE. Mr. President, first of gling them out for discrimination. The sage of this constitutional amendment all, let me say this has not really been discrimination would not be limited to is critical. This argument is question- my issue. We have been involved in actual marriages either. The wording able at best. some other things, but it is one about of the amendment could limit rights In 1996, the Defense of Marriage Act which I cannot remain silent. afforded under civil unions. When simi- was passed by the Congress and signed I have to say I am probably the lar State amendments were adopted in into law. This law gives each State the wrong person to talk about the mar- Ohio, Michigan, and Utah, domestic vi- power to determine its own marriage riage amendment for a couple of rea- olence laws and health care plans for laws and not be forced to accept an- sons. One reason is I am not a lawyer— couples—gay and straight—were taken other State’s definition of marriage. I one of the few in this body who is not away. voted in favor of the Defense of Mar- a lawyer. However, I have to say some- In the past, we have amended our riage Act because I believe in the im- times that gives you a better insight Constitution to protect groups of citi- portance of allowing States, including into these things than if you are. zens suffering from discrimination, to Vermont, the right to define marriage I enjoyed listening to some of the lib- ensure that everyone enjoys the same in a manner they deem appropriate. eral Democrats on the Sunday shows basic civil rights. I strongly oppose any As of this date, no court has over- saying they are for a marriage between effort by the Senate to change the ruled the Defense of Marriage Act. In a man and woman, yet immediately course of history in such a dramatic fact, the court that many of my col- starting to back down, backpedal, and way, and I particularly resent that this leagues consider to be the most liberal, think of every reason in the world. It is being done for raw political pur- the Ninth Circuit, has upheld the De- reminds me a little bit of my English poses. fense of Marriage Act. The proponents as the national language amendment In 2004 when this amendment was of a Federal marriage amendment also that we had a couple of weeks ago. Ev- brought up, only 48 Senators supported point to a case in Nebraska, Equal Pro- eryone was saying they were for it, and it. The outcome of today’s vote is no tection Inc. v. Brunning, to prove their then they turned around and thought surprise. Instead of spending 3 days de- point. But that case only addressed the of reasons to vote against it. That is bating a doomed constitutional amend- right of people to petition the govern- what is happening now. What does that ment, we should have spent these 3 ment, it did not rule on the definition tell you? It tells you the vast majority days guaranteeing all American chil- of marriage. Because the Defense of of people in America want this amend- dren health care, addressing record- Marriage Act remains the law of the ment. breaking gas prices, stimulating the land, each State retains the right to When they talk about the polling economy after a month of sluggish job define marriage as it sees fit, rather being only 50 percent of the people in growth, or working out a real plan for than have a definition forced upon it. America supporting a constitutional I am proud that in my State of dealing with the mess in Iraq. We amendment for marriage between a Vermont, the legislature, in a bipar- should have been doing the work of the man and a woman, they normally are tisan manner, was able to pass a law American people, but instead we de- talking to people who are very much that affords same-sex couples the same bated a constitutional amendment that for that but think we can do it some legal rights as other married couples. never had any hope of passing. other way. They think there is another Vermont’s civil union legislation Mr. President, I hope that in the fu- way of doing it, that we can do it State proved to the Nation that the rights of ture the Senate can get its priorities by State or we can do it statutorily. marriage do not have to be an exclu- straight, and I am confident that if it But it doesn’t work out that way. sive privilege. I think, even not being a lawyer, I doesn’t Americans will find their own The Congress should be focusing on can see that a State-by-State approach way of holding the system accountable. unity, not on exclusion and discrimina- to gay marriage will be a logical and Mr. JEFFORDS. Mr. President, I am tion. I am proud that during my 32 legal mess that will force the Federal very troubled by the Senate leader- years in Congress I have been a sup- courts to intervene and require all ship’s decision, with limited days reporter of inclusive, unifying pieces of maining in the session, to spend valu- legislation. I have been a leading advo- States to recognize same-sex mar- able time trying to amend the Con- cate of the Employment Non-Discrimi- riages. Apparently, most people do agree stitution to define marriage. This issue nation Act, the Permanent Partners that is the problem. I find all of those should not be at the top of our priority Act, and of expanding the definition of who are concerned about the very list. hate crimes to include crimes moti- strong lobby, the homosexual marriage Unfortunately, it is a recurring vated by gender and sexuality. theme here in the Senate during elec- Here in the Senate, the leadership lobby, as well as the polygamous lobby, tion years, to concentrate on issues continues to insist on prioritizing a that they share the same goal of essen- that fuel partisan politics, rather than Federal marriage amendment. They in- tially breaking down all State-regu- addressing our country’s important sist on spending floor time on this lated marriage requirements to just needs. For the reasons I will lay out, I amendment when other, more pressing one, and that one is consent. In doing will once again oppose a Federal mar- issues remain in the shadows. so, they are paving the way for legal riage amendment. What message is the Senate sending protection of such practices as homo- The Federal marriage amendment to the American people? That real and sexual marriage and unrestricted sex- comes up at a time when many other pertinent issues can be swept aside so ual conduct between adults and chil- critical issues face our Nation. We have we can discuss a way to further exclude dren, group marriage, incest, and, you soldiers in Iraq and Afghanistan fight- our fellow Americans? That we would know: If it feels good, do it. ing wars with no end in sight. Veterans rather spend time on a partisan fight When you look at the history of this are still not granted adequate medical than expanding our health care pro- country, you can see way back in the support, and now have also been ex- grams or increasing funding for edu- founding days that the marriage insti- posed to the threat of identity theft. cation? tution was one of the very basic values Millions of Americans still have no This is not a message I can support. on which this country was based. Way health insurance, and gas prices are We must change our focus from sym- back in 1878, Reynolds v. United too high. bolic theoretical debates to concrete States, which upheld the constitu- There are many pieces of pending policy improvements that yield posi- tionality of Congress’s antipolygamy legislation the Senate should be taking tive results for all Americans. I will laws, also recognized that the one-man/ up other than the Federal marriage vote against a Federal marriage one-woman family structure is a cru- amendment, such as those addressing amendment, and hope this issue will be cial foundational element of the Amer- increased support for education, Head laid to rest so the Senate can begin ad- ican democratic society. Thus, there is Start reauthorization, global warming, dressing the needs of the American a compelling governmental interest in and a rapidly increasing deficit. people. its preservation. Some of my colleagues insist that The PRESIDING OFFICER. The Sen- That was 1878. That wasn’t just the the institution of marriage is under at- ator from Oklahoma. other day. Yet 3 years ago this month,

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.007 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5523 the U.S. Supreme Court signaled its very expensive. Many of these kids are several years, Federal and State judges likely support for same-sex marriage going to end up on welfare, so it goes have time and time again struck down and possibly polygamy and Federal ju- far beyond just the current emotions. I traditional marriage protections laws— risdiction over the issue when it struck think my colleague, Senator SESSIONS, laws overwhelmingly approved by voter down the sodomy ban in Lawrence v. I believe it was yesterday, said: ballot initiatives. This is simply unac- Texas. That happened only 3 years ago If there are not families to raise children, ceptable, and therefore I will vote in this month. The majority opinion ex- who will raise them? Who will take the re- favor of the Marriage Protection tended the reach of due process in the sponsibility? It will fall on the State. Clearly Amendment in order to ensure that 14th amendment of the Constitution to it will become a State responsibility. traditional marriage laws approved by protect that. I am not sure. I have listened to the voters in a majority of the States Then they declared—this is signifi- many of my colleagues, for whom I are protected. cant—they declared: have a great deal of respect, talk about In my State of Montana, the people [P]ersons in a homosexual relationship some of the ways the language should have overwhelmingly spoken on this may seek autonomy for these purposes, just be legally changed in one way or an- issue on more than one occasion. In as heterosexual persons do. other to perhaps accomplish something 1997, the Montana Legislature passed a In his dissenting opinion, Justice or avoid another problem. State law defining marriage as between Scalia stated: The PRESIDING OFFICER. The time a man and a woman. Then in 2004, the The reasoning leaves on pretty shaky of the Senator has expired. people of Montana approved a ballot grounds state laws limiting marriage to op- Mr. INHOFE. I ask if I could have a initiative by 67 percent which amended posite sex couples. . . . minute and a half more? the Montana Constitution to state: That is really much of a concern, The PRESIDING OFFICER. Without ‘‘Only a marriage between one man and when a member of the U.S. Supreme objection, it is so ordered. one woman shall be valid or recognized Court agrees with my interpretation as Mr. INHOFE. Maybe this isn’t worded as a marriage in this State.’’ Nation- to what that particular interpretation exactly right. But this is the only show ally, 19 States have adopted similar meant. in town. It is the only opportunity that State constitutional amendments, and Now we face a serious problem. Look- we will have to do anything. Again, I 26 more have statutes designed to pro- ing at the various States, right now we said maybe I am the wrong person to tect traditional marriage. have 45 States that have passed laws, talk about this. I was talking to my statutes, or have passed constitutional brother, Buddy Inhofe, down in Texas. Unfortunately, the overwhelming amendments to their State constitu- He is a Texas citizen, I say to my consensus of the people is not good tions that would do away with gay friend from Texas over here. He and his enough for some. As we have seen over marriage. Look at the percentages. wife Margaret—he is 1 year older than the past several years, a handful of ac- For those people who say less than 50 I am—they have been married for 53 tivist judges have taken it upon them- percent of the people want a constitu- years. Every time they have a wedding selves to decide what should constitute tional amendment to protect marriage anniversary, it is just like getting mar- marriage. By now, we are all well between a man and a wife, look at the ried again. aware of the actions taken by the percentages. In my State of Oklahoma, As you see—maybe this is the most judges of the Supreme Judicial Court it is 76 percent of the people. That is important prop we will have during the of Massachusetts. In that State, the three-fourths of the people. Down in entire debate—my wife and I have been court essentially mandated same-sex Louisiana, 86 percent of the people said married 47 years. We have 20 kids and marriage. More recently, a Federal dis- marriage should be between a man and grandkids. I am really proud to say in trict court invalidated a Nebraska con- a woman. This is 45 States out of 50 the recorded history of our family, we stitutional amendment protecting tra- States. Only 5 States have not had that have never had a divorce or any kind of ditional marriage that had earlier been type of either statutory change or a a homosexual relationship. I think adopted with over 70 percent approval constitutional amendment. maybe I am the wrong one to be doing by Nebraska voters. As we debate this When you look at the percentages, it this, as I come with such a strong prej- amendment, legal challenges are cur- is very true that a very large percent- udice for strong families. rently being brought against democrat- age of people believe marriage should When we got married 47 years ago, ically approved traditional marriage be between a man and a woman. there were a couple of things that were laws in nine States. I fear it is only a Let me mention something that has said. In Genesis 2:24 it is said: matter of time before similar chal- not been mentioned quite enough in Therefore a man shall leave his father and lenges are brought against the mar- this debate. A lot of people are not as mother and be joined to his wife, and they riage protections approved by the vot- emotional about this issue as I am. For shall become one flesh. ers of Montana. those who are not, if you look at just Matthew 19 says: Personally, I have always believed the numbers, look at what is going to Have you not read that He who made them that marriage is between one man and happen in this country if we follow at the beginning made them male and fe- one woman. However, the ultimate de- some of these countries such as the male, and for this reason a man shall leave cision in an issue as important as what Scandinavian countries. In those soci- his father and mother and be joined to his constitutes marriage must fully reflect eties, they have redefined marriage. In wife, and the two shall become one flesh? So the desire of the people, not just those Denmark, as well as Norway, where then, they are no longer two but one flesh. of us in Washington and certainly not ... they have now had same-sex marriages that of a handful of judges. Therefore, legalized for over a decade, things that I can assure you that these 20 kids the solution is clear: we must send the are happening there in terms of the so- and grandkids are very proud and very States a constitutional amendment ciety—it has nothing to do with emo- thankful that today, 47 years later, that protects traditional marriage tions. Kay and I believed in Matthew 19:4, laws, protects the will of the people, According to Stanley Kurtz’s 2004 ar- that a marriage should be between a and prevents judicial activism. No ticle in the Weekly Standard, a major- man and a woman. other process is guaranteed to prevent ity of children in Sweden and Norway Thank you for the additional time. the redefinition of marriage. are born out of wedlock. Mr. BURNS. Mr. President, I am gen- Kurtz says: erally hesitant to amend the Constitu- Mr. OBAMA. Mr. President, today, Sixty percent of first-born children in Den- tion; there are few things as permanent we take up the valuable time of the mark have unmarried parents. as a constitutional amendment, and it Senate with a proposed amendment to That is in Denmark. is something that clearly should not be our Constitution that has absolutely Not coincidentally, these countries done lightly. However, when activist no chance of passing. have had something close to full gay judges repeatedly take steps to over- We do this, allegedly, in an attempt marriage for a decade or more. rule the clear voice of a majority of the to uphold the institution of marriage Stop and think. What is going to be people, we are left with very few opin this country. We do this despite the the result? The result is going to be tions. As we have seen over the past fact that for over 200 years, Americans

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.009 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5524 CONGRESSIONAL RECORD — SENATE June 7, 2006 have been defining and defending mar- There is plenty of work to be done in same sex may not contract marriage,’’ riage on the State and local level with- this country. There are millions with- and further provides that Maine will out any help from the U.S. Constitu- out health care and skyrocketing gas not recognize marriages performed in tion at all. prices and children in crumbling other jurisdictions that would violate And yet, we are here anyway because schools and thousands of young Ameri- the legal requirements in Maine. Thus, it is an election year—because the cans risking their lives in Iraq. even if lawfully performed in another party in power has decided that the So don’t tell me that this is the best State, a same-sex marriage will not be best way to get voters to the polls is use of our time. Don’t tell me that this valid in Maine. not by talking about Iraq or health is what people want to see talked about Voters in at least seven States will care or energy or education but about on TV and in the newspapers all day. consider State constitutional amend- a constitutional ban on same-sex mar- We wonder why the American people ments in 2006 and another four State riage that they have no chance of pass- have such a low opinion of Washington legislatures are considering sending ing. these days. This is why. constitutional amendments to voters Now, I realize that for some Ameri- We are better than this, and we cer- in 2006 or 2008. And it is still the case, cans, this is an important issue. And I tainly owe the American people more as it was 2 years ago, that no State law should say that, personally, I do be- than this. I know that this amendment has been enacted to allow same-sex lieve that marriage is between a man will fail, and when it does, I hope we couples to marry. Nor has a popular and a woman. can start discussing issues and offering referendum to that effect passed in any But let’s be honest. That is not what proposals that will actually improve State. this debate is about. Not at this time. the lives of most Americans. I respect the right of the people of This debate is an attempt to break a Ms. COLLINS. Mr. President, I rise Maine and the citizens of other States consensus that is quietly being forged to speak on S.J. Res. 1, the Marriage to define marriage within their bound- in this country. It is a consensus be- Protection Amendment to the Con- aries. Were I a member of the Maine tween Democrats and Republicans, lib- stitution. Let me begin my remarks by Legislature, I would vote in favor of a erals and conservatives, red States and stating my position on the issues law limiting marriage to the union of a blue States, that it is time for new raised by this amendment. man and a woman. leadership in this country—leadership First, it is my strong personal belief This does not mean that Congress that will stop dividing us, stop dis- that marriage is between a man and a can play no role in this area. To the appointing us, and start addressing the woman. Second, principles of fed- contrary, Congress has two very impor- problems facing most Americans. eralism dictate that the responsibility tant roles. The first is to protect the It is a consensus between a majority to define marriage belongs to the right of each State to define marriage of Americans who say: You know what, States. Third, the proper role of the within its own borders, and the second maybe some of us are comfortable with Federal Government is to ensure that is to define marriage for Federal pur- gay marriage right now and some of us each State can exercise that right and poses. are not. But most of us do believe that responsibility by preventing, as the De- To its credit, Congress did both of gay couples should be able to visit each fense of Marriage Act does, one State these when it enacted the Defense of other in the hospital and share health from imposing its view on others. Marriage Act, or DOMA, in 1996. Signed care benefits; most of us do believe The constitutional amendment under into law by President Clinton, DOMA that they should be treated with dig- consideration would potentially affect enjoyed broad, bipartisan support in nity and have their privacy respected two types of relationships that are fun- both Chambers of Congress, passing by by the federal government. damental to our society. The first is a margin of 85 to 14 in the Senate and We all know that if this amendment the union between a man and a woman. 342 to 67 in the House. The statute were to pass, it would close the door on The second is the compact between the grants individual States autonomy in much of this—because we know that States and the Federal Government. In deciding how to recognize marriages when similar amendments passed in our zeal to protect the former, we must and other unions within their borders, places such as Ohio and Michigan and not do unnecessary harm to the latter, and ensures that no State can compel Utah, domestic partnership benefits as it is the bedrock principle of our another to recognize marriages of were taken away from gay couples. country’s highly successful Federal same-sex couples. Of equal importance, This is not what the majority of the system. DOMA defines marriage for Federal American people want. And this is not When the Senate considered this purposes as ‘‘the legal union between about trying to build consensus in this amendment in July 2004, the Massachu- one man and one woman as husband country; it is not about trying to bring setts Supreme Court had only recently and wife.’’ I strongly endorse both of people together. issued its 4-to-3 decision in the the principles codified by DOMA. This is about winning an election. Goodridge case. I urged that we should Even though DOMA has not been suc- That is why the issue was last raised in not overreact to the single decision of cessfully challenged during the nearly July of 2004, and that is why we haven’t a State court and rush to amend the 10 years since its enactment, many heard about it again until now. And Constitution in such a way as to strip supporters of the marriage amendment while this is supposedly a measure that away from our States a power they point to the Supreme Court’s decision the other party raised to appeal to have exercised, wisely for the most in Lawrence v. Texas as presaging some of its core supporters, I don’t part, for more than 200 years. I also op- DOMA’s ultimate demise on constitu- know how happy I would be if my party posed efforts to amend the Constitu- tional grounds. They argue that only talked about an issue I cared tion without evidence suggesting that DOMA’s vulnerability necessitates ap- about right around election time—es- States could not be trusted to make de- proving the amendment under consid- pecially if they knew it had no chance cisions in this area for themselves. eration. of passing. During the period since our last de- I reject that argument. The conclu- I agree with most Americans, with bate, many States have taken steps to sion that DOMA is inevitably destined Democrats and Republicans, with Vice define marriage within their borders. to die a constitutional death is incon- President CHENEY, with over 2,000 reli- Currently, 45 States have enacted laws sistent with language in the Lawrence gious leaders of all different beliefs, or constitutional amendments pro- decision. In striking down a Texas stat- that decisions about marriage, as they tecting marriage. Nineteen States have ute criminalizing certain private sex- always have, should be left to the State constitutional amendments lim- ual acts between consenting adult ho- States. iting marriage to a man and a woman, mosexuals, the majority opinion writ- Today, we should take this amend- with 15 States passing State constitu- ten by Justice Kennedy was careful to ment only for what it is—a political tional amendments since our last de- note that the case before the Court ploy designed to rally a few supporters bate. Twenty-six other States, includ- ‘‘does not involve whether the govern- and draw the country’s attention away ing Maine, have statutes limiting mar- ment must give formal recognition to from this leadership’s past failures and riage in some manner. Maine law ex- any relationship that homosexual per- America’s future challenges. plicitly states that ‘‘[p]ersons of the sons seek to enter.’’

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.011 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5525 In her concurring opinion, Justice about helping families they would Congress is to preserve and protect the O’Connor was even more explicit when focus on jobs, health care, the raising legislative authority of each State, so she observed that the invalidation of cost of energy, and the cost of college that, for example, unions legal in an- the Texas statute ‘‘does not mean that tuition. This proposed amendment does other State cannot be foisted onto the other laws distinguishing between not create one new job, pay for one bot- God-fearing people of West Virginia. heterosexuals and homosexuals would tle of prescription drugs, lower prices Largely because I believe so strongly similarly fail. . . . Unlike the moral at the gas pump, or send one child to in protecting West Virginia’s ability to disapproval of same-sex relations—the college. This amendment does not help legislate in this area, I have been, and asserted State interest in this case— a family pay for the health care of a continue to be, an ardent advocate of other reasons exist to promote the in- sick child. It does not make sure that the Defense of Marriage Act, DOMA. stitution of marriage beyond mere the parent of that child has a job with This law, which was passed by a bipar- moral disapproval of an excluded health care coverage. What it does is tisan majority of the U.S. Congress and group.’’ These statements persuade me divide. Americans don’t want to see became law in September 1996, makes that the Supreme Court is, in fact, un- this divisive debate as part of this it clear that no State, including West likely to strike down DOMA. In fact, in year’s elections. It is a dangerous dis- Virginia, is required to give legal effect August 2004, a Federal bankruptcy traction; it is an election year ploy. to any same-sex marriage approved by court in Washington State ruled to up- What do the American people want? another State. DOMA also defines mar- hold the constitutionality of DOMA, They want to see how the Congress is riage for Federal purposes as being ‘‘a finding that there was no fundamental fighting to make families stronger and legal union between one man and one constitutional right to marry someone safer. They want to see how we are woman as husband and wife,’’ and a of the same sex. standing up for all families. Families spouse as being only ‘‘a person of the Let me end where I began. This are stronger when we create jobs, con- opposite sex who is a husband or a amendment is not just about relation- trol the costs of health care, and when wife.’’ ships between men and women but also we make sure that kids and schools I strongly endorse the principles about the relationship between the have the resources they need to learn codified by DOMA. Not surprisingly, in States and the Federal Government. I and educate. Families are stronger 2000, West Virginia enacted its own law would not let a one-vote majority opin- when we make sure our children have against same-sex marriage, similar to ion of a single State court lead us to the best education we can offer and DOMA. Thus, title 48 of the West Vir- ascribe to Washington a power that when we put these values in the Fed- ginia Code now precludes the State of rightfully belongs to the States. To the eral lawbooks and the Federal check- West Virginia from giving legal effect contrary, our role should be to safe- book. And families are safer and to unions of same-sex couples from guard the ability of each State to exer- stronger when they have help raising other jurisdictions. As a consequence, both State and cise that power within its own borders. healthy children, when we build com- Federal law now prevent same-sex mar- Ms. MIKULSKI. Mr. President, today munities where they can thrive and riage in West Virginia. With these laws I will vote against cloture on the mo- when we create a family friendly Tax on the books, I do not believe it is nec- tion to proceed to the Marriage Protec- Code. Those are the actions that help essary to amend the U.S. Constitution tion Amendment. This amendment is to strengthen families and family val- to address this issue. States such as unneeded and unnecessary. It is divi- ues, not this amendment. sive and it is a distraction from what Finally, I believe that we need to rec- West Virginia already have the power the Senate should be doing, which is ognize the rights of gays and lesbians to ban gay marriages. State marriage laws should not be undermined by the making families stronger and safer. and their families. We should be focus- Federal Government. Thus, our goal First, I will vote against this amending on helping to strengthen their fam- should not be to lessen the power of the ment because it is unnecessary. Con- ilies and all families. That is where we several States to define marriage, but gress has already spoken on the issue. need to be putting our energy and de- to preserve that right by expressly There is a Federal law and a State law voting our attention, instead of on this validating the role that they have in Maryland that defines marriage as divisive constitutional amendment. played in this arena for more than 200 between a man and a woman. I sup- Mr. BYRD. Mr President, today I voted to invoke cloture on the motion years. ported the Federal law because it al- Mr. President, throughout the annals to proceed to debate the constitutional lows each State to determine for itself of human experience, the relationship amendment to ban same-sex marriage. what is considered marriage under its of a man and woman joined in holy own State law. And no law—not a Fed- Let me be clear: I have always strongly matrimony has been a keystone to the eral law, not a State law—can force a opposed same-sex marriage. I believe stability, strength, and health of church, temple, mosque, or any reli- that there is much confusion about the human society. I believe in that sacred gious institution to marry a same-sex role of the Federal Government and the union to the core of my being. couple. institution of marriage, and that the Mr. ENZI. Mr. President, I rise in I am also opposing this amendment public should have the benefit of a de- support of S.J. Res. 1, the Marriage because I take amending the Constitu- bate on the matter. It is my belief that Protection Amendment. This impor- tion very seriously. In the entire his- the State of ‘‘marriage’’ can exist only tant legislation, which was introduced tory of the United States we have only between a man and a woman. The Bible by my distinguished colleague from amended the Constitution 17 times. tells us that marriage must be defined Colorado, is simple and straight- Seventeen times in over 200 years— this way, and that the marriage vow forward. It amends the U.S. Constitu- that’s it. We have amended the Con- between a husband and wife, meaning tion to clearly define marriage as the stitution to extend rights, not to re- between a man and a woman, is sacred. union between one man and one strict them. We have amended the Con- I believe it. I have lived it. My darling woman. stitution to end slavery, to give women wife Erma and I were married for near- It is important to have this debate the right to vote, and to guarantee ly 69 years. because the institution of marriage is equal protection of the laws to all citi- I also believe that any substantive under attack by some rogue local offi- zens. We have never used the Constitu- debate on this issue must examine not cials and activist judges who wish to tion as a weapon against a minority of only the marriage relationship between push their agenda onto the majority of the population, to condone discrimina- a man and a woman but also the con- Americans. We need to have this de- tion, and we should not embark on that stitutional relationship between States bate to give the American people the path today. It is wrong and it under- and the Federal Government. It is the opportunity to define marriage as they mines the integrity of our Constitu- role of the Federal Government to pre- see fit. We need to remove the definition. serve each State’s prerogative to make tion of marriage from the courts and This amendment is about politics; it laws concerning marriage and the fam- return the decision making power to is not about strengthening families. It ily, since this is an area of the law tra- the American people. is about helping Republicans get re- ditionally left to the States. This is the Marriage has traditionally been con- elected. If Republicans were serious essence of federalism. The job of the sidered the union between a man and a

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.012 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5526 CONGRESSIONAL RECORD — SENATE June 7, 2006 woman. State common law practices The only way to ensure that the marriage, and the case is on appeal to have always assumed this to be the American people define marriage is to the U.S. Court of Appeals for the case. In addition to that, 45 States pass a constitutional amendment. If Eighth Circuit. Challenges to the De- have some form of protection for the the definition of marriage is clearly fense of Marriage Act—DOMA—are also traditional marriage of a man and a laid out in the Constitution, neither an pending in federal district courts in woman. These States have done so with activist judge nor a rogue local official Oklahoma and Washington, and before strong support from their citizens. can ignore that definition and impose the U.S. Court of Appeals for the Ninth Nineteen States have gone so far as to his or her will on the American people. Circuit. enact State constitutional amend- It is important to note that the Mar- These attempts to redefine marriage ments to define marriage as the union riage Protection Amendment deals through the courts have not gone away between one man and one woman. only with the institution of marriage. since this body last voted on a con- Those amendments have passed with It does not alter a State’s right to rec- stitutional amendment to protect mar- support averaging more than 71 per- ognize civil unions or domestic part- riage in 2004. Since then, state courts cent. nerships. It does not deal with a in Washington, New York, California, What do these statistics make clear? State’s ability to confer benefits upon Maryland, and Oregon have found tra- The vast majority of Americans want same-sex couples, and so State govern- ditional marriage laws unconstitu- the institution of marriage to be pro- ments can continue to grant those ben- tional. tected. They want to keep it as it has efits if they so choose. Every time they have been given the been: a union between one man and one Congress must enact the Marriage opportunity, the American people have woman. Protection Amendment to stave off the strongly supported a traditional defini- How can we be certain that the fragmentation that is sure to happen if tion of marriage—the union of a man American people support defining mar- different definitions of marriage exist. and a woman. Forty-five States cur- riage as the union between one man Passage of the Marriage Protection rently have statutory protection for and one woman? By using the ultimate Amendment is necessary to the end ju- that very definition of marriage—all democratic tool: the constitutional dicial activism that has surrounded the but Massachusetts, New Jersey, New amendment. marriage debate. It is necessary so that Mexico, New York, and Rhode Island. Amending the Constitution is a rig- the American people can define mar- Only four States had such statutory orous task, and when our Founding Fa- riage for themselves. And so, in clos- protection 12 years ago. The American thers drafted the Constitution, they ing, I strongly urge my colleagues to people have made their wishes known worked to ensure that any decision to vote in favor of the Marriage Protec- to their State legislators: they are alter it was a decision that would be tion Amendment. clearly and overwhelmingly for pro- made by the American people. In order Mr. MCCONNELL. Mr. President, I tecting marriage as we have always to amend the Constitution, we must rise to support S.J. Res. 1, the Mar- known it. get a two-thirds vote in each body of riage Protection Act, because any I believe that traditional marriage, Congress, which as my colleagues change to an institution as funda- the union between a man and a woman, know, is no simple task. After that mental to our society as marriage is the cornerstone of our society and vote has taken place, the proposed should be made by the people, not the best possible foundation for a fam- amendment is sent to the States, unelected judges. The constitutional ily. I believe that traditional marriage, where three-fourth’s of State legisla- amendment process, being the closest the union between a man and a woman, tures must vote to ratify the proposal. process we have to a national ref- should be the only form of marriage That means that 38 of the 50 States erendum, is the best way for the people recognized by law. And I believe most must support this amendment. to speak on this important issue. Americans agree with me. But if noth- This is how the Framers of the Con- By supporting this amendment, I in ing else, they deserve a chance to be stitution intended our government to no way intend to question or slight the heard. operate. A constitutional amendment value and dignity of any American. Mr. AKAKA. Mr. President, I rise places the final decision with the peo- Nor, in my judgment, do my colleagues today to oppose S.J. Res. 1, the Mar- ple, where it should be. Courts will no who join me in supporting this amend- riage Protection Amendment, which longer have the power to legislate the ment. Anyone who claims otherwise is would bar same-sex marriages and pro- definition of marriage. Local officials wrong. The question that faces this hibit the Federal Government and all will no longer have the ability to arbi- Senate is a question of means—when States from conferring ‘‘the legal inci- trarily change the rules. The people something as profound as changing the dents’’ of marriage on unmarried cou- will make the final call. Considering institution of marriage arises, how ples. I oppose this amendment on sev- this amendment and sending it to the should it be addressed? eral grounds. First, if passed, this States for ratification is, in my opin- I submit that a handful of judges in a amendment would restrict the rights of ion, the closest we can get to a truly few States are not empowered and an entire class of people. Second, the democratic self-government. should not be permitted to make this amendment would turn back the clock Why is such an amendment nec- decision for the entire country. But if on the Supreme Court’s decisions guar- essary? Opponents of S.J. Res. 1 argue we do not pass the Marriage Protection anteeing the right to privacy. Third, that this is a State issue and that our Act, that is precisely what may hap- this amendment would abridge the tra- Nation is governed by the Defense of pen. ditional jurisdiction of State govern- Marriage Act. According to the Defense Today, nine States face lawsuits ments. Finally, the amendment would of Marriage Act, no State can be forced challenging their traditional marriage compromise the welfare of children to recognize the marriage laws of an- laws. State supreme courts in New Jer- currently being raised by same-sex par- other State. Although this is true, the sey, Washington, and New York could ents. Defense of Marriage Act is not exempt decide same-sex marriage cases as The proposed Marriage Protection from the Constitution, and therefore, is early as this year. In California, Mary- Amendment directly contradicts one of not exempt from the political rulings land, New York and Washington, State the Constitution’s fundamental prin- of activist judges. trial courts have already struck down ciples—the guarantee of equal protec- The Defense of Marriage Act will not marriage laws and found a right to tion for all. Since the adoption of the prevent an activist judge in State same-sex marriage in their States’ con- Bill of Rights in 1791, the Constitution court from ignoring the will of that stitutions. Those decisions are await- has been amended only 17 times and, State’s citizens if that judge forces ing appeal. with the exception of prohibition, each them to redefine marriage. It does not Same-sex marriage advocates also time it has been to expand the rights of prevent an activist judge in Federal have made Federal constitutional the American people. Adoption of the court from ignoring the will of the peo- claims. In Nebraska, a Federal district Marriage Protection Amendment ple and forcing them to recognize a def- court struck down that State’s popu- would tarnish that rich tradition by inition of marriage that is not their larly enacted State constitutional targeting a specific group for social, own. amendment protecting traditional economic and civic discrimination. I

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.017 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5527 believe that, as government leaders, it that the impact of this development on galized same-sex marriage, discrimina- is our responsibility to protect indi- religious freedom has ceased to be a tion against same-sex couples was also vidual liberties, not to take them away hypothetical discussion. prohibited. These requirements jux- or restrict them. As Maggie Gallagher wrote in her taposed with Catholic doctrine put the The Marriage Protection Act also un- Weekly Standard piece ‘‘Banned in Catholic Church-affiliated Catholic dermines the numerous Supreme Court Boston,’’ ‘‘[w]hen religious-right lead- Charities into a bind—one that legisla- decisions which ensure individuals’ ers prophesy negative consequences tures, including this one, have often right to freedom from government in- from gay marriage, they are often seen solved by allowing faith-based and reli- terference with regard to their per- as overwrought . . . [and that the] gious organizations to maintain their sonal lives. The Supreme Court has re- First Amendment . . . will protect reli- integrity. peatedly reaffirmed that the Constitu- gious groups from persecution for their Knowing that, Cardinal O’Malley and tion protects an individuals funda- views about marriage.’’ Governor Romney tried to get a reli- mental freedom to make decisions re- So who is right? Is the fate of Catho- gious exemption for Catholic Charities garding private matters such as mar- lic Charities of Boston an aberration or from the Massachusetts legislature. riage and family. The Marriage Protec- a sign of things to come? Some say we The silence from the politicians in that tion Act would go a long way toward are overreacting, but the truth is that State was deafening. Without that pro- eroding these constitutional guaran- while the ramifications in the battle tection, the bottom line is that the leg- tees to the right to privacy. for social policy, procreation, and even islators in Massachusetts chose to put Customarily, marriage law has been protecting children may be clear, the Catholic Charities out of the adoption left to the jurisdiction of the States. real—but hidden—battlelines are for business. Passage of the Marriage Protection the religious liberty of all faiths. Re- Some say that the rightwing is push- Amendment would define marriage at cently the Becket Fund convened a ing to pass this amendment, but I take the Federal level and would prohibit group of scholars to discuss the impli- you back to the scholars from the States from exercising their authority cations of same-sex marriage on reli- Becket Fund conference. Marc Stern, over family law issues. As such, it gious liberty. This group was from all the general counsel for the center-left would clearly violate the traditions of parts of the political spectrum and had American Jewish Congress can hardly federalism and local control that have varying viewpoints, but all agreed on be called a rightwinger, but when been a proud part of our national herit- one thing—the legalization of same-sex asked what he would say to people who age. Allowing the Federal Government marriage posed a real threat to the free dismiss the threat to free exercise of to co-opt what historically has been a exercise of religion. religion as evangelical hysteria his prerogative of the States sets a dan- As I mentioned before, one of the par- quote was—‘‘It’s not hysteria, this is gerous precedent with regard to the ticipants, Maggie Gallagher, went on very real . . . Boston Catholic Char- erosion of States rights. My vote to write a prescient account of the par- ities shows that.’’ He went on to say against the Marriage Protection ticipants’ views on this issue, and I that ‘‘in Massachusetts I’d be very wor- Amendment is a vote for the preserva- admit it was disturbing to read. ried.’’ Stern noted that while the tion of State sovereignty. In times past, it would have been un- churches themselves might have a first Given the Marriage Protection thinkable for a Christian or Jewish or- amendment defense if a State govern- Amendment’s broad and ambiguous ganization that was opposed to same- ment or State courts tried to withdraw language, it would have a potentially sex marriage to be treated as racists or their exemption, ‘‘the parachurch in- devastating effect on existing same-sex bigots. But today the unthinkable may stitutions [affiliated organizations families. In particular, I am concerned have become the inevitable. As An- such as Catholic Charities and United how this amendment would impact the thony Picarello summarizes, ‘‘All the Jewish Communities] are very much at children currently being raised by scholars we got together see a problem; risk and may be put out of business be- same-sex parents. Not only would it they all see a conflict coming. They cause of the licensing issues, or for curtail States from granting equal differ on how it should be resolved and these other reasons—it’s very unclear. marriage rights to same-sex couples, it who should win, but they all see a con- None of us nonprofits can function could also, through their parents, de- flict coming.’’ Why? Because of cases without [state] tax exemption. As a prive children of access to health insur- like that of Catholic Charities in Bos- practical matter, any large charity ance, life insurance benefits and inher- ton. needs that real estate tax exemption.’’ itance rights. According to the 2000 As I discussed a little bit on the floor Anthony Picarello of the Becket Census, more than one-half of the yesterday before I ran out of time, Fund sounded a more ominous note, same-sex households in the United Catholic Charities in Boston has been that this change could fundamentally States have children under the age of the adoption provider in Massachusetts alter our view of religious liberty. 18. Passage of the Marriage Protection for many of the hardest to place chil- ‘‘The impact will be severe and perva- Amendment could place the current dren, including children with special sive,’’ Picarello says flatly. ‘‘This is well-being and future security of these needs. Following the legalization of going to affect every aspect of church- children at risk. This is a chance I am same-sex marriage in Massachusetts, state relations.’’ Recent years, he pre- unwilling to take. the Boston Globe reported that Catho- dicts, will be looked back on as a time I urge my colleagues in the Senate to lic Charities of Boston had placed a of relative peace between church and reject this divisive bill. With so many small number of children with same- state, one where people had the luxury problems currently facing our Nation sex couples. Cardinal O’Malley of Bos- of litigating cases about things like the such as the ongoing threat of ter- ton responded that Catholic Charities Ten Commandments in courthouses.’’ rorism, soaring gas prices and the high would adhere to the Vatican statement Picarello points out something I dis- cost of medical care, now, more than prohibiting such placements in the fu- cussed yesterday—that the church is ever, we need to work together as an ture. That produced a hubbub with the surrounded on all sides by the govern- ohana—a family. This amendment will Catholic Charities Board that was later ment, and often the boundaries are hid- only serve to segregate a portion of our quelled, but if Catholic Charities den because of the ease with which population and prevent them from par- thought that was the end of the issue it they are navigated. However, as he ticipating as full citizens. Instead I was wrong. notes, ‘‘because marriage affects just urge us all to work together to ensure Like many States, Massachusetts re- about every area of the law, gay mar- that the freedoms enumerated by the quires that an entity be ‘‘licensed’’ by riage is going to create a point of con- Constitution can be equally enjoyed by the State in order to do adoptions. And flict at every point around the perim- all. to get the State license, the entity eter.’’ Mr. SANTORUM. Mr. President, the must agree to obey State laws barring But not all of these scholars agree on Catholic Charities case in Boston, just discrimination—including in Massa- the intensity or imminence of these 2 years after the introduction of same- chusetts the prohibition on discrimina- consequences. Doug Kmiec of sex marriage in America, highlights tion based on sexual orientation. When Pepperdine law school argued that the the growing concerns and indicates the Massachusetts Supreme Court le- public could tell the difference between

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.072 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5528 CONGRESSIONAL RECORD — SENATE June 7, 2006 racial discrimination and the differen- Licensing issues will continue to be a in Alabama to parties of the same sex tiation of traditional and same-sex bone of contention in not only adop- and the State shall not recognize a marriage, saying that racial discrimi- tion but psychological clinics, social marriage of parties of the same sex nation is ‘‘irrational, and morally re- workers, and marital counselors. We that occurred as a result of the law of pugnant’’ and the issue of same-sex had to face this issue already in the any other jurisdiction. But that marriage is ‘‘at least morally debat- Access to Recovery Program where amendment is in jeopardy by the court able.’’ Doug Laycock, a religious lib- program administrators were inter- rulings in the United States, and a rul- erty expert at the University of Texas preting language in a way that sought ing that the U.S. Constitution requires law school, noted that the legal situa- to penalize faith-based providers such that same-sex marriage be recognized tion is a long way away from equating as Teen Challenge. just like other marriages will trump sexual orientation with race in the law. And there are probably a plethora of Alabama’s constitution and that of the However, Stern and Feldblurn were other areas of friction that will 19 other States which passed such reso- much more clear on the coming legal emerge. lutions by a vote of 71 percent. issues that religious organizations will Will speech against same-sex mar- The only reason to oppose this face in the wake of same-sex marriage. riage be allowed to continue unfet- amendment would be to deny the And it is that distinction that is im- tered? States the right to make this decision portant—if sexual orientation is like Will anyone be able to again say that without having it overruled by the Su- race, then anyone, religious or other- marriage should be between a man and preme Court. wise, who opposes same-sex marriage a woman without being branded a The ACTING PRESIDENT pro tem- will be viewed as and likely treated in bigot? pore. The Senator from Colorado is rec- the same way as the bigots who op- Will a minister be able to preach ognized. posed interracial marriage. It is the po- from I Corinthians 6:9 that the unjust Mr. ALLARD. Mr. President, you just litical pressure—and in some cases the and immoral such as adulterers, pros- heard the latest report from Alabama, legal pressure—that will ‘‘punish’’ titutes and sodomites will not inherit a state constitutional amendment pro- those of differing opinions. the earth? tecting marriage just passed with 81 For Chai Feldblum, a Georgetown Will our local Catholic Charities lose percent of the vote. That is what my law professor who refers to herself as a their tax-exempt status if they do not amendment is all about—to protect leader in the movement to advance bend their religious faith to the new that vote conducted in Alabama from LGBT—lesbian, gay, bisexual, norm? being subverted by a minority of activ- transsexual—rights, the emerging con- Will a rabbi or priest be forced to pre- ists going to court to try to overturn a flicts between free exercise of religion side over same-sex marriages in order vote like we just saw in Alabama. and sexual liberty are real. ‘‘’’When we to continue to be able to consecrate I ask my colleagues to join me in pass a law that says you may not dis- traditional marriages? voting for S.J. Res. 1. criminate on the basis of sexual ori- The scope of the ramifications of this The ACTING PRESIDENT pro tem- entation, we are burdening those who debate are unclear, but there is no pore. Who yields time? have an alternative moral assessment doubt that very serious issues arise. As Mr. ALLARD. Mr. President, I sug- of gay men and lesbians.’’ Raised an Maggie Gallagher noted in her article, gest the absence of a quorum. Orthodox Jew, Feldblum argues that ‘‘Marc Stern is looking more and more The ACTING PRESIDENT pro tem- ‘‘the need to protect the dignity of gay like a reluctant prophet: ‘It’s going to pore. The clerk will call the roll. people will justify burdening religious be a train wreck,’ he said ‘A very dan- The bill clerk proceeded to call the belief, [b]ut that does not make it right gerous train wreck.’’’ roll. to pretend these burdens do not exist I urge my colleagues to think care- Mr. DURBIN. Mr. President, I ask in the first place, or that the religious fully about the implications of doing unanimous consent that the order for people the law is burdening don’t mat- nothing to protect the sanctity of mar- the quorum call be rescinded. ter.’’ riage. If we do not act, then not only The ACTING PRESIDENT pro tem- What effects could this ‘‘sea change’’ are we leaving this important issue in pore. Without objection, it is so or- have on religious liberty? Let’s con- the hands of unelected judges, we are dered. sider a few examples. leaving the fate of all of these faith- Mr. DURBIN. Mr. President, the A religious educational institution based organizations in their hands as ranking member of the Judiciary Com- could have its admissions policies, em- well. I urge my colleagues to support mittee, Senator LEAHY, is on his way ployment practices, housing rules, and this amendment. Let’s move forward in to the Chamber. I know the time is regulation of clubs challenged. For ex- the democratic process and let the peo- running. I will speak until he arrives. I ample, Marc Stern is concerned about a ple decide. wanted to make a point or two based California case where a private Chris- Mr. President, I yield the floor. on arguments used in this debate. tian high school expelled two girls who The ACTING PRESIDENT pro tem- Mr. President, 45 of 50 States passed according to the school announced pore. The Senator from Colorado is rec- either a constitutional amendment or a they were in a lesbian relationship. ognized. law defining marriage as between a Will the schools be forced to tolerate Mr. ALLARD. Mr. President, how man and a woman—45 of 50 States. both conduct and proclamations by much time do I have? There is only one State in America students they believe to be acting in a The ACTING PRESIDENT pro tem- where same-sex marriage is legal, and sinful manner? pore. One minute 43 seconds. that is Massachusetts. No other State, Public accommodation laws can be Mr. ALLARD. Mr. President, I yield 1 county, city, or anyplace in America used to force commercial enterprises to minute 15 seconds to the Senator from permits same-sex marriage. serve all comers, which begs the ques- Alabama. Incidentally, it is ironic that the tion of whether religious camps, re- The ACTING PRESIDENT pro tem- State with the lowest divorce rate in treats, or homeless shelters are consid- pore. The Senator from Alabama is rec- America happens to also be Massachu- ered places of public accommodation. ognized. setts. There is simply no crisis or con- Could a religious summer camp oper- Mr. SESSIONS. Mr. President, the troversy before us today that requires ated in strict conformity with religious people of the United States do care amending the Constitution. principles refuse to accept children about marriage. Marriage is important. Another reason I oppose this amend- coming from same-sex marriages? Our culture and the quality of life of ment, as I indicated earlier, is that the What of a church-affiliated community our people in this Nation are impor- language is vague and overbroad. The center, with a gym and a Little tant. reference to ‘‘legal incidents’’ of mar- League, that offers family programs? Just yesterday, the people of my riage is troubling. The Senate Judici- Must a religious-affiliated family serv- State, by an 81-percent majority, ap- ary Committee held hearings on the ices provider offer marriage counseling proved a constitutional amendment to meaning of the term ‘‘legal incidents’’ to same-sex couples designed to facili- the Alabama Constitution which said of marriage. I attended those hearings tate or preserve their relationships? that no marriage license shall be issued and questioned witnesses. There was

VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.015 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5529 simply no consensus on how the courts tation in hospitals, and the common an entire class of Americans. Further- might interpret that. decency of the social relationship more, none of these amendments has Some of the witnesses predicted which is all they are asking. dictated to the States how they should courts would read it to ban civil Under those circumstances, I think it interpret their own constitutions. This unions. Some even think this amend- is important for us to reflect on the proposal not only enshrines discrimina- ment would be read by the courts to fact that when it comes to amending tion in the Constitution, it usurps what prohibit other efforts to equalize bene- this Constitution, we should be ever so has always been the function of the fits, such as domestic partner benefits, careful because a change in a few words States with regard to defining mar- adoption rights, and even hospital visi- in the Constitution can have a dra- riage. When each of us became Sen- tation rights. matic long-term negative impact on ators we swore an oath ‘‘to support and Is that what we want to do in the this great Nation. defend the Constitution of the United Senate, ban those who have a loving re- I see that my colleague, Senator States.’’ I will honor that oath by op- lationship from visiting their partners LEAHY, has arrived. I yield the floor to posing this effort to inject discrimina- who are sick in a hospital? Passage of him. tion into the Constitution. the Federal marriage amendment may The ACTING PRESIDENT pro tem- This attempt will once again fail to well have that effect. We don’t know. pore. The Senator has 1 minute 15 sec- garner the necessary votes to proceed. It is also a bad idea because it exem- onds remaining. But that should not excuse the Repub- plifies the excessive overreaching by Mr. LEAHY. Mr. President, I thank lican leadership’s turning away from Congress into the personal lives and my distinguished colleague from the legislative agenda of the Senate for privacy of American citizens. How Illinois. this election year adventure. I hope many times will the Republican major- This morning we will be voting on that the American people will object to ity march us into this question as to whether to proceed to a proposed this misuse of the Senate’s time and whether we can protect and defend the amendment to the Constitution. I authority the way they did when the privacy of our rights as individuals and strongly oppose this divisive exercise. Senate injected itself into the Schiavo families? At a time when the Senate should be matter not so long ago. The American As I mentioned earlier, it is a sad re- addressing Americans’ top priorities, people want their leaders to unite this minder of the debate over the tragedy including ways to make America safer, country and to solve real problems of Terri Schiavo, a woman who was the war in Iraq, rising gas prices, that they face every day. This con- sustained with medical care for some 15 health care and health insurance costs, stitutional amendment is a divisive po- years, and when the decision was made stem cell research, the erosion of litical effort to shore up sagging poll not to provide additional care for her Americans’ privacy and the reauthor- numbers. I believe the American people through the courts, there was an effort ization of the Voting Rights Act, the will not be fooled and will see through made by the Republican leadership in President’s political strategists and this exercise. Congress to bring the Federal courts the Republican Senate leadership, in- I look forward to moving on to the into the picture to overturn the fam- stead, try to divide and distract from Nation’s real priorities. The Senate ily’s personal decision and the decision fixing real problems by pressing for- should return to a place where we con- of the Florida courts. Congress tried to ward with this controversial proposed sider solutions to the problems that impose its own morality and its own constitutional amendment. plague hardworking Americans, from will over the most personal, private, Rather than seek to divide and di- soaring gas prices and high health care and painful decision any family can minish, the Senate could be working costs to corporate and Government face. This amendment would impose against discrimination. I was honored corruption, from national security to the morality of some on the lives of all. to sponsor the Mychal Judge Police effective fiscal and trade policies. We A few months ago, this Nation lost and Fire Chaplains Public Safety Offi- might consider taking action to pre- one of its most famous and foremost cers’ Benefit Act of 2002 to ensure that serve and improve rather than pollute civil rights leaders, Coretta Scott the survivors of 9/11 were treated fairly the environment. Someday this Cham- King. Upon Mrs. King’s death, Majority regardless of sexual orientation. If we ber might even debate the ongoing pan- Leader FRIST submitted a Senate reso- really want to do something that the demic of AIDS or protect against the lution to honor her life and commit- Senate can do, we should join together impending pandemic from bird flu. We ment to social justice, and it was in a bipartisan way to pass the hate might join in effective action seeking adopted unanimously. crimes bill that would help stamp out to halt the genocide in Darfur or over- I wonder if the majority leader is and punish violent crimes against sight of the allegations of Government aware of what Mrs. King had to say those attacked because of the color of violations of the rights of Americans. I about the constitutional amendment their skin or their nationality or sex- look forward to that time. that Senator FRIST has brought to the ual orientation. If we really want to do Mr. President, I mentioned Monday floor this week. Here is what she said something worthy of the Senate we at the start of this debate that over the in 2004: should debate and pass legislation to last several years I have repeatedly A constitutional amendment banning end discrimination in employment written to the President about this same-sex marriages is a form of gay-bashing based on sexual orientation. If we want issue and have yet to receive a re- and it will do nothing at all to protect tradi- to recognize the dignity and worth of sponse. I have already included in the tional marriages. others we should consider S. 1278, the RECORD a copy of my most recent let- I hope the Republican leadership, I Uniting American Families Act, a bill I ter to him on this constitutional hope every Senator, takes to heart the introduced to bring fairness to our im- amendment in which I asked what pre- words of the civil rights hero they were migration laws. cise language it is that he supports and so quick to honor a few months ago. The Constitution is too important to what it means. It has been my experience in life that be used for partisan political purposes. I noted that President Bush said in some members of my family, many of It is not a billboard on which to hang 2004 that ‘‘States ought to be able to my acquaintances and friends are peo- political posters or slogans seeking to have the right to pass laws that enable ple of different sexual orientation. stir public passions for political ends. people to be able to have rights like Most of them want to be left alone. I want all Americans to appreciate others,’’ but no such thing is guaran- They want the privacy of their own that if this proposed amendment be- teed by the proposed amendment that lives. They want to make their own de- came part of our Constitution, it would we are considering. cisions. And here we have an effort to represent a dramatic departure from The appearance of the President this impose in our Constitution a standard this Nation’s history of expanding free- week, where he reread what appeared which reaches into the legal incidents dom and individual rights. We have to be a longer draft of his Saturday of marriage, a standard which could only amended the Constitution seven- radio address to a handpicked audience deny to them some of the most basic teen times since the Bill of Rights was of those seeking to amend the Con- things which we treasure, such as ac- ratified in 1791. None of these amend- stitution to write discrimination into cess to health insurance, access to visi- ments has served to limit the rights of it and create a constitutional intrusion

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.015 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5530 CONGRESSIONAL RECORD — SENATE June 7, 2006 into family law issues that have always migration reform a reality. Yesterday language would or could invalidate been left to the States, was troubling the President was AWOL on the issue. civil unions or prevent States from en- in so many ways. At least that event He was not expending his efforts urging acting laws that closely mirrored the was moved out of the White House comprehensive immigration reform on rights of marriage couples. Rose Garden, for which I am grateful. the recalcitrant Republican House Although the President and some Sadly, the audience, which the White leadership or helping us in the Senate Senate supporters contend that this House described as a diverse cross sec- overcome threats of procedural objec- proposed amendment binds only judges tion of community leaders, scholars, tions to proceeding to conference. and not State legislatures and that it family organizations and religious Another consequence of the Repub- prohibits only marriage but not civil leaders, was selected apparently to ex- lican leadership’s misplaced priorities unions or partnerships, that is not clude gays and lesbians. That is hardly is that the Judiciary Committee has clear in the language of the proposed the way to engender fair and open de- yet to complete hearings on reauthor- constitutional amendment. Ironically, ization of the Voting Rights Act. This bate or to show tolerance or to honor it will be judges who have the last word is bipartisan, bicameral legislation on the dignity of all Americans. in determining the meaning of words As this debate opened, I quoted the which I had hoped hearings would be used in a constitutional amendment. President’s thoughtful words from the complete. The final hearing on the re- So the very ‘‘boogeymen’’ that the pro- immigration debate. He said: ‘‘We can- authorization of important minority ponents of this proposed constitutional not build a unified country by inciting language provisions was scheduled for amendment seek to create by demoniz- people to anger, or playing on anyone’s tomorrow. It has been postponed, and ing judges will be those who will be fears, or exploiting the issue of immi- the excuse is that the Senate debate on forced to decide the effect of its inten- gration for political gain. We must al- this proposed constitutional amend- tionally ambiguous wording. ways remember that real lives will be ment takes precedence. So our efforts affected by our debates and decisions, to enact meaningful, comprehensive I trust the American people will see and that every human being has dig- immigration reform with strong border through these escapades. I trust they nity and value. . . .’’ I wish that yester- security and a path to earned citizen- will abhor the attack on the Constitu- day the President had honored that ship and our efforts to reauthorize the tion as I do. I believe they have bigger thought and merely substituted the protections of the Voting Rights Act hearts and compassion of the families issue of ‘‘marriage’’ for ‘‘immigration’’. have both been adversely affected as a of committed same-sex couples. I hope The President is seeking to show lead- consequence of the Republican leader- they will hold accountable those who ership in the immigration debate and I ship insisting on proceeding to this ex- are expending the Senate’s time on this have commended him for it. I cannot tended debate. futile exercise by denying them par- commend him for what he did yester- The demagoguery in the President’s tisan gain. day. rally this week and the Statement of I have previously noted that the news Just before the last election, Presi- Administration Policy are sad to see. accounts and editorials characterizing dent Bush said that ‘‘States ought to It is not the institution of marriage this effort as crassly political are too be able to have the right to pass laws that is under attack but the Constitu- numerous to include in the CONGRES- that enable people to be able to have tion and our system of federalism. SIONAL RECORD. On this occasion, I ask rights like others.’’ He cannot square They seek to justify their attack by de- unanimous consent to have printed in that position with his and his adminis- monizing judges. The comment the the RECORD a sampling from a variety tration’s recently announced support President added to his radio address of newspapers and outlets from around for a proposed constitutional amend- was to ratchet up the rhetoric against the country including editorials from ment that prohibits States from con- judges by proclaiming that judges ‘‘in- the Arkansas Democrat-Gazette from ferring the ‘‘legal incidents’’ of mar- sist on imposing their arbitrary will on May 24, 2006, the Atlanta Journal-Con- riage on same-sex couples. In January the people.’’ This President just ap- stitution from May 28, 2006, the Berk- 2005, after he was reelected, President pointed Chief Justice Roberts to lead shire Eagle from May 23, 2006, the Chi- Bush himself recognized that this pro- the U.S. Supreme Court and the judi- cago Sun-Times from June 6, 2006, the posed constitutional amendment was cial branch of the Federal Government. Pittsburgh Post-Gazette from May 22, not going to be adopted and that no He has appointed approximately 250 2006, the Salt Lake Tribune from April good purpose was served by forcing Federal judges, including 2 Supreme 29, 2006, and a commentary by CNN’s more Senate debate on it. Yesterday, Court Justices and 45 judges on the Jack Cafferty from June 2, 2006. the President did not well serve this courts of appeals. The majority of Fed- There being no objection, the mate- Nation or its diverse population. Our eral judges have been appointed by Re- rial was ordered to be printed in the Nation would be better served if we republican Presidents. Any judicial deci- RECORD, as follows: frained from divisiveness to score po- sion that was a dramatic departure litical and emotional points before an from the status quo on this issue would [From the (Little Rock) Arkansas Democrat- election. certainly be appealed to the U.S. Su- Gazette, May 24, 2006] Moreover, yesterday the President’s preme Court where seven out of nine DEMOCRATS MUST CONFRONT GOP STRATEGY activities demonstrated how the Re- justices have been appointed by Repub- (By Gene Lyons) publican leadership’s misplaced prior- lican Presidents. Does anyone really ities and politics have diverted the believe that Chief Justice Roberts is So here’s the big Republican agenda for the Senate from matters that concern and going to preside over a U.S. Supreme 2006 elections: Other people’s sex lives (a.k.a. gay marriage), flag-burning, illegal Mexican affect the American people. By way of Court that imposes same-sex marriage immigrants, tax cuts and Chicken Little. contrast, the Democratic leader went as an act of ‘‘arbitrary will’’? to the Senate floor to urge that we pro- I agree with the Senior Senator from There’s no surprise about the first few. A GOP campaign resembles a traveling tent ceed to conference on the recently Virginia who recently voiced his show. White House sideshow barker Karl passed immigration bill. Senate Repub- ‘‘grave concerns’’ about the proposed Rove expects that the rubes who line up licans objected to a usual practice of amendment because it fails to ‘‘speak every two years to see the two-headed calf taking of a House-passed bill and in- with the clarity to which the American and the bearded lady will fall for flag-burn- serting the language passed by the Sen- People are entitled.’’ I too have signifi- ing again. Never mind that Republicans have ate so that we can proceed to a House- cant concerns about the vague prohibi- done nothing about it since President Bush’s Senate conference. Instead of spending tion of ‘‘the legal incidents’’ of mar- father visited a flag factory during his 1988 time pandering to a segment of Repub- riage for same-sex couples. That ambi- campaign. Flag burning as a protest all but disappeared after 9/11. Sen. Hillary Clinton, lican’s political base, the President guity raises serious questions whether D–N.Y., also has joined this crusade, the sur- could have worked with us to make State laws allowing civil unions and est sign that she’s contemplating running for progress on our bipartisan immigration civil partnerships would be overridden president in 2008. initiative. Republicans and Democrats and rendered ‘‘unconstitutional.’’ Nu- Amending the Constitution to forbid gay have said that we will need the Presi- merous witnesses at our committee marriage is another election-year shell dent’s help to make comprehensive im- hearings testified that the proposed game. Finessing it shouldn’t be too hard for

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.018 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5531 Democrats. If your church refuses to solem- which high-ranking officials approved of the ment. So has Mary Cheney, the vice presi- nize same-sex marriages, that’s its undeni- use of torture . . . whether the leaking of the dent’s gay daughter, who lives openly with able First Amendment right. Forbidding peo- name of a covert CIA operative was delib- her partner of 14 years, Heather Poe, and has ple to enter into domestic partnership con- erate or accidental’’ and who did it. recently published her memoirs. This month, tracts due to sexual orientation, however, Any alert citizen can add particulars: the Cheney told CNN that ‘‘writing discrimina- would be un-American. legality of National Security Agency’s tion into the Constitution of the United No, that won’t persuade obsessive warrantless wiretaps and the constitu- States is fundamentally wrong.’’ homophobes, but they’re fewer all the time. tionality of Bush’s 740 ‘‘signing statements,’’ But it’s unlikely you’ll hear the vice presi- Illegal immigration’s something else Repub- as reported by The Boston Globe, in which dent arguing against the amendment so licans have ignored for six years. Ironically, the president claims the power to ignore pointedly on the campaign trial. While he Bush’s stance reflects the ‘‘compassionate laws with which he disagrees. has said in the past that he opposes it, he’d conservatism’’ he campaigned on in 2000 but Conyers wisely stresses that the GOP-led rather remind his right-wing supporters of abandoned, maybe because Mexican immi- House impeachment of Clinton proved ‘‘that his staunch support for the invasion of Iraq. gration is a very old story in Texas that he partisan vendettas ultimately provoke a President Bush, for his part, has spent his actually knows something about. public backlash and are never viewed as le- last pennies of political capital trying to Ironically, that’s got the GOP’s Knothead gitimate.’’ Nobody wants a government that pass a humane policy on immigration. He faction all riled up, helping GOP congress- does nothing but investigate itself. But the may not fight for an amendment banning men in safe districts distance themselves Republican Congress has completely abdi- gay marriage, but he’s unlikely to get in the from an increasingly unpopular White House, cated its constitutional responsibilities. Our way of it, either. but also hurting Republicans among His- democracy cannot long survive a president In Georgia, meanwhile, even progressive panic voters in swing districts. who claims the prerogatives of a king. politicians have been cowed by the state’s Ditto tax cuts. Even the most credulous That’s an argument the Democrats must overwhelming consensus against gay mar- are getting uneasy with the GOP’s ongoing win. riage. Though 76 percent of Georgia voters war on arithmetic and worried about spi- approved the ban two years ago, a Superior raling debt caused by Bush’s profligate [From the Atlanta Journal-Constitution, Court judge recently struck down the spending. May 28, 2006] amendment on technical grounds. After the Influential conservative author-activist ON GAY UNIONS, PANDERING RISES ABOVE ruling, Gov. Sonny Perdue, a Republican, Richard A. Viguerie recently wrote a Wash- PRINCIPLES quickly announced plans for a special session ington Post op-ed predicting that ‘‘without a (By Cynthia Tucker) of the legislature to rewrite the ban and drastic change in direction, millions of con- place it before voters again in November. His In 1964, just one congressman from the servatives will . . . stay home this Novem- two Democratic opponents, Lt. Gov. Mark Deep South, Atlanta’s Charles Weltner, ber. And maybe they should. Conservatives Taylor and Secretary of State Cathy Cox, voted for the Civil Rights Act. For all prac- are beginning to realize that nothing will rushed to support the move. change until there’s a change in the GOP tical purposes, his righteous leadership on Cox’s awkward leap onto the bandwagon leadership. If congressional Republicans win civil rights—he also supported the Voting was especially disappointing. While Taylor this fall, they will see themselves as vindi- Rights Act—cost him his congressional ca- had supported the ban, Cox had pointed out cated, and nothing will get better.’’ Which reer. two years ago that the amendment is ‘‘un- In 1966, he resigned his seat rather than brings us to the Chicken Little theme on necessary.’’ Georgia law, like federal law, al- sign an act of loyalty to the segregationist which Republican hopes appear to hinge. ready bans same-sex unions. But many ana- Lester Maddox, as Georgia Democrats in- Sen. Elizabeth Dole, R–N.C,, first raised it in lysts have noted that Cox is desperate to sisted. But some analysts believe he would a recent fund-raising letter on behalf of the draw black voters away from Taylor in the have lost the race for re-election. party’s Senatorial Campaign Committee. If Democratic primary for governor; black Doing the right thing is difficult because it Democrats regain Congress, see, they’ll act Georgians, like their white neighbors, gave often means losing. And the typical politi- the way Republicans acted toward Bill Clin- their unabashed support to enshrining big- cian is willing to lose anything—honor, in- ton, calling for ‘‘endless investigations, con- otry in the stare Constitution. tegrity, dignity—but an election. gressional censure and maybe even impeach- Cox, like most other politicians, would That helps explain why, during this elec- ment of President Bush.’’ And then the ter- rather pander to the prejudices of voters tion season, so few politicians have stepped rorists would win! than stand by her principles. It’s a perfectly forward to denounce initiatives against gay Many pundits who helped publicize the human inclination—doing the safe thing, marriage as the cynical and opportunistic 1,000-odd subpoenas that congressional Re- rather than the right thing. tactics that they are. They know that play- publicans dispatched to the Clinton White There are never more than a handful like ing on prejudice and fear can rally a certain House find the prospect of Democrats issuing Wettner, who preferred losing a campaign to constituency and provide the winning mar- subpoenas terribly alarming. Slate’s John sacrificing his conscience. In his resignation gin in tight races. Dickerson worries that a Democratic-led speech, he declared, ‘‘I love the Congress, but It certainly worked two years ago. Repub- House might ‘‘get bogged down with inves- I will give up my office before I give up my lican tacticians maneuvered to add amend- tigations and embrace the worst Bush-hating principles . . . I cannot compromise with ments against gay marriage to the ballots in tendencies of its members.’’ Time columnist hate.’’ 11 States, including Georgia. The result was Joe Klein, a.k.a. ‘‘Anonymous,’’ author of His courage is as rare now as it was then. the novel’’ Primary Colors,’’ who’s grown to lure religious conservatives to the polls in large numbers, probably giving President adept at advancing Gap themes while affect- [From the Berkshire Eagle, (Pittsfield, MA) Bush the boost he needed in the battleground ing to deplore them, laments that the likely May 23, 2006] succession of Rep. John Conyers, D-Mich., to state of Ohio. MORE AMENDMENT POLITICS chair the House Judiciary Committee if This year, conservative Republicans— Democrats win in November gives Repub- struggling against voter discontent over Senate Republicans want to make gay licans a chance to play the race card. Iraq, health care and high gas prices, among marriage an issue this election year, but the Because Conyers is African American and other things—are desperate to bring those issue should be less gay marriage itself than has sometimes used the words ‘‘Bush’’ and religious conservatives back to the polls. So a congressional leadership so hypocritical ‘‘impeachable offense’’ in the same sentence, they’ve resurrected the same tired tactic. and devoid of real ideas that it must again Klein fears that Rove will have a field day Next month, the Senate is expected to vote resort to the politics of distraction out of depicting the veteran Detroit congressman on an amendment to the U.S. Constitution desperation. Gays are not a threat to Amer- as Kenneth Starr in blackface. banning same-sex unions. ica, but congressmen who would tinker with The idea that irrational hatred of Bush Senate leaders haven’t made much of an ef- the Constitution to protect their seats as- motivates most Democrats is a favorite topic fort to disguise the initiative as anything suredly are. on the talkradio right. Psychologists call it other than the base political ploy that it is. By a 10–8 vote that fell strictly along party ‘‘projection,’’ attributing to others motives After a frenzy of gay-bashing during the 2004 lines, the Senate Judiciary Committee last that mirror your own. campaign season—they thundered against week approved a constitutional amendment The best way for Democrats to deal with gay marriage as a threat to just about every that would ban gay marriage. The constitu- this Chicken Little theme is straight on, as family tradition, from man-woman mar- tion has been amended 27 times, but always Conyers has attempted to do. In a recent riages to peanut-butter-and-jelly sand- to protect civil liberties or to provide them Washington Post column, he correctly iden- wiches—Republican leaders hadn’t even men- to groups that didn’t have them. This would tified the ‘‘straw-man’’ logical fallacy that tioned the issue again. The threat dis- be the first time that the Constitution was underlies it: attacking arguments your ad- appeared for two years. Until now, when amended specifically to deprive a group of versary has never actually made. they’re facing the prospect of losing control civil liberties, adding to the general assault Years of one-party government, Conyers of Congress. by Washington on the rights of Americans. said, have left Americans with many unan- Given the stakes, prominent Republicans The full Senate is expected to vote on the swered questions, such as ‘‘whether intel- won’t get in the way of a good wedge issue. amendment when it returns from its Memo- ligence was mistaken or manipulated in the Oh, first lady Laura Bush has pointed out rial Day recess, and while it will be difficult run-up to the Iraq war . . . the extent to the unfairness of a constitutional amend- for the measure to win the necessary two-

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.005 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5532 CONGRESSIONAL RECORD — SENATE June 7, 2006 thirds majority required to begin the amend- tion, when 11 states had initiatives on gay any ‘‘other domestic union, however denomi- ment process, passage is not the primary marriage or civil unions to inflame the vot- nated,’’ That, despite the misleading reassur- goal of the GOP. By simply proposing the ers’ prejudices at the polls. ances of the measure’s supporters before the amendment, it hopes to gain support of a re- The scene in the Judiciary Committee was vote, has since been shown to be a useful tool ligious right that puts social issues above all childish and undignified, perhaps as befitting for knocking the pins out from under simple else. A party with nothing but domestic and the nonsense before it. After Sen. Feingold and reasonable domestic partnership agree- foreign policy failures on its re´sume´ can’t af- declared his opposition to the amendment ments that should be the right of any adult ford to lose its rabid rightwingers if it hopes and his intention to walk out, Sen. Specter to enter, and within the purview of any reli- to maintain power in Congress this Novem- said: ‘‘I don’t need to be lectured by you. You gious order to sanctify, or not, as it chooses. ber. It’s a strategy that for all its cynicism are no more a protector of the Constitution Likewise, the federal proposal would rea- worked two years ago when gay marriage than am I.’’ He bid the Democrat ‘‘good rid- sonably preserve the term ‘‘marriage’’ for was on several state ballots. dance.’’ the traditional arrangement of ‘‘a man and a First Lady Laura Bush, often the voice of Actually, Sen. Feingold has a better claim woman.’’ But, again, it would unreasonably reason in the White House, went on Fox to be a protector of the Constitution; he go on to dictate that every state read its own News earlier this month to urge Congress to doesn’t want to see it larded up with a piece constitution to deny any constitutional pro- abandon these efforts on the grounds that of bigotry in which a majority motivated by tection to the notion that marriage ‘‘or the the gay marriage issue is too complex to be religious belief seeks to deprive a small mi- legal incidents thereof’ should be extended handled legislatively and civil rights should nority of the benefits of matrimony. Iron- to same-sex relationships. not be deprived by a governmental body. Ms. ically, Sen. Specter is ‘‘totally opposed’’ to Such an overbroad, if not downright nasty, Bush’s stance is a traditional conservative the bill but thinks it should go to a vote. attack on domestic partnerships is not nec- one, but the ‘‘conservatives’’ who hold sway And it will—probably in the week of June 5— essary to reserve the title of ‘‘marriage’’ to in the modern Republican Party are in fact as the result of the committee’s 10–8 party- its traditional understanding. It doesn’t be- radicals whose affection for big government line vote. long in any state’s constitution. And we cer- and disregard for the civil rights of Ameri- As a practical matter, the amendment is tainly don’t want it cluttering up the Con- cans should be abhorrent to true conserv- not needed. A majority of conservative jus- stitution of the United States. atives. A question to be answered Election tices on the U.S. Supreme Court can be ex- Day is whether true Republicans will reclaim pected to support the existing federal De- [From the Situation Room, June 2, 2006] their party and principles. fense of Marriage Act of 1996—so states such Jack Cafferty, CNN anchor: Hi, Wolf. as Pennsylvania do not have to recognize Guess what Monday is? Monday is the day [From the Chicago Sun Times, June 6, 2006] any same-sex marriages granted elsewhere. President Bush will speak about an issue SENATE SHOULD FOCUS ON REAL ISSUES Indeed, if protecting the sanctity of mar- near and dear to his heart and the hearts of Even by Congress’ smoke-blowing stand- riage was the real goal, the amendment many conservatives. It’s also the day before ards, the insistence of Republicans on debat- would ban divorce, or at least ban divorced the Senate votes on the very same thing. Is ing a constitutional amendment to ban gay people from marrying again. Of course, we it the war? Deficits? Health insurance? Im- marriage reeks of politics—election-year pol- don’t propose that ourselves, but the backers migration? Iran? North Korea? Not even close. No, the president is going itics, whatever White House press secretary of the gay marriage amendment would do so to talk about amending the Constitution in Tony Snow’s doubts about this not being ‘‘a if they were consistent. big driver among voters.’’ You would think But consistency and logic are not the order to ban gay marriage. This is something more pressing issues would command atten- point. The political power of the amend- that absolutely, positively has no chance of tion in the Senate. Such a ban has failed be- ment, like the proposed effort to do some- happening, nada, zippo, none. But that fore there, with all but one Democrat oppos- thing similar in Pennsylvania, resides in its doesn’t matter. Mr. Bush will take time to ing it. You would think its scant chance of bullying and hypocrisy. This is about select- make a speech. The Senate will take time to passing—it would require a two-thirds ma- ing convenient scapegoats and feeling right- talk and vote on it, because it’s something jority in both chambers and then approval eous as the administration pursues a sort of that matters to the Republican base. This is pure politics. If has nothing to do by three-quarters of the states—would take anti-Gospel in which social programs are cut with whether or not you believe in gay mar- the hot wind out of the anti-gay-marriage and policies are pushed to favor the rich over riage. It’s blatant posturing by Republicans, faction’s sails. the poor. But with public approval of the president who are increasingly desperate as the mid- Sadly, any shouting matches—as in the low, Republicans are convinced restirring term elections approach. There’s not a lot Senate Judiciary Committee—are to be ex- the emotions of this issue will rally support else to get people interested in voting on pected because promoting rancor and divi- for him and those GOP hopefuls looking to them, based on their record of the last five sion are the real point. We can only hope November. President Bush is right about not years. that wiser heads will prevail in Congress as wanting judges, ‘‘activist’’ or not, to decide But if you can appeal to the hatred, big- this amendment proceeds. this issue. It should, as he said, be left otry, or discrimination in some people, you ‘‘where it belongs: in the hands of the Amer- might move them to the polls to vote [From the Salt Lake Tribune, April 29, 2006] ican people.’’ But the last time we looked, against that big, bad gay married couple most Americans were more concerned about BILL OF WRONGS: NO NEED FOR FEDERAL that one day might move in down the street. national security, immigration and the MARRIAGE AMENDMENT Here’s the question: Is now the time for avian flu than they were the supposed threat It’s hard to claim you are campaigning for President Bush to be backing a constitu- of wedded gays. The federal government states’ rights when the measure you are pro- tional amendment to ban gay marriage? should honor states’ rights and let them moting would rewrite all 50 state constitu- In conclusion, Mr. President, we make this call. tions in one stroke. should be addressing America’s top pri- And it’s hard to claim you are cam- [From the Pittsburgh Post-Gazette, May 22, orities, including ways to make Amer- paigning for individual rights, or for reli- ica safer, the disastrous war in Iraq, 2006] gious rights, when the proposal you back FAMILY FEUD; SPARKS FLY IN THE SENATE would impose a federalized definition for the rising gas prices, health care and OVER GAY MARRIAGE very personal and, usually, religious institu- health insurance costs, stem cell re- Something petty—a shouting match in the tion of marriage. search, erosion of America’s privacy, U.S. Senate Judiciary Committee last The proposed ‘‘Marriage Protection the reauthorization of the Voting week—nevertheless echoes strongly with a Amendment’’ has drawn support from The Rights Act, but now we are going to warning for any thoughtful American con- Church of Jesus Christ of Latter-day Saints talk about something that is here sim- cerned about the temper of the times. The and a spectrum of other faiths, known collec- ply for politics. Rather than seeking to spat occurred as the committee considered a tively as the Religious Coalition for Mar- riage. That group argues, as unconvincingly divide and diminish, the Senate could constitutional amendment to ban same-sex be working against discrimination. marriage. as everyone else who makes the point, that In part, the clash between Pennsylvania the growing acceptance of same-sex unions Why are we amending the Constitu- Republican Sen. Arlen Specter, the com- threatens the institution of marriage. tion to do something the States can mittee chairman, and Sen. Russ Feingold, a This unwise move to amend the basic law do? Every State can pass and has Democrat from Wisconsin, was about a of the United States follows successful cam- passed laws about what will be the change in venue for the committee meeting. paigns to change a few state charters, in- marriage laws in their State. No State But the overarching context was the Demo- cluding Utah’s, to ban same-sex marriage. is able to pass a law that is going to cratic belief—well-founded, as it happens— But, beyond being merely redundant to those force another State to accept some- state efforts, the proposed federal amend- that this amendment is all about currying thing they do not want. We passed the political favor with the Republicans’ right- ment also picks up a serious flaw that was wing base and in the process painting Demo- part of 2004’s Utah Amendment 3. Defense of Marriage Act in the Con- crats as the defenders of gay marriage. Utah’s constitution does not merely bar gress for that. This worked a treat for those supporting same-sex couples from the legal institution The ACTING PRESIDENT pro tem- President Bush in the 2004 presidential elec- of marriage. It prevents them from crafting pore. The Senator’s time has expired.

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.007 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5533 Mr. LEAHY. Mr. President, I think The decision about how to define Throughout human history and cul- we are doing what we did in the marriage was made by the people of ture, the union between a man and a Schiavo matter: We are playing poli- Nevada for themselves, and it wasn’t woman has been recognized as the cor- tics with the basic rights of people, and dictated to them by politicians in nerstone of society. Marriage serves a it is wrong. Washington. That’s how it should be. public act, a civil institution that The ACTING PRESIDENT pro tem- In contrast, this Federal amendment binds men and women in the task of pore. Who yields time? would dictate to each State how to in- producing and nurturing children—hus- Mr. LEAHY. Mr. President, what is terpret its own State laws. This is an band and wife, father and mother— the parliamentary situation? unwarranted intrusion into the auton- building a family in a community over The ACTING PRESIDENT pro tem- omy of State legal systems. a lifetime. pore. The time until 10 o’clock is re- In any event, this is not an appro- At its root, marriage is and always served for the majority leader or his priate subject for a constitutional has been a public institution that for- designee. amendment. For over 200 years, the malizes that family bond. Some on the Mr. LEAHY. Mr. President, obvi- Constitution has had no provision on other side have said that the strength ously, I am not going to take the ma- marriage, and we have left this and and stability of marriage is a distrac- jority leader’s time. Certainly, if any- other family law issues to the states tion of little concern to the broader body on the Republican side seeks rec- and to this Nation’s religious institu- public. And I couldn’t disagree more. ognition, I will immediately yield the tions. As it so happens, they used the very floor to them. I was hoping they would Our Constitution has only been same argument 2 years ago. They said be here. amended 17 times after the Bill of the States had little interest in pre- I note the chairman of the Judiciary Rights was adopted in 1791. Only 17 serving traditional marriage; voters Committee and I are in an asbestos times in 215 years. didn’t care; other issues were more im- hearing. I was asked by somebody the Several years ago the nonpartisan portant. That argument wasn’t true other day if I felt that marriage would Constitution Project convened a com- then, and it is even less true now. be threatened if we didn’t pass this. I mittee of constitutional scholars, civic Marriage, as we know it, is under as- have been blessed to be married to the leaders, and other prominent Ameri- sault. Activist courts are attempting same woman for 44 years. I don’t feel cans to develop criteria for when a con- to redefine marriage against the ex- threatened by it. stitutional amendment is justified. pressed wishes of the American people. Mr. President, I suggest the absence They wrote that our Constitution And if marriage is redefined for some, of a quorum. should be ‘‘amended only with the ut- it will be redefined for all. Mr. REID. Mr. President, I rise once most care, and in a manner consistent Last year, voters in 13 States passed again to express my strong opposition with the spirit and meaning of the en- by enormous margins State constitu- to the motion to proceed to this con- tire document.’’ tional amendments to protect mar- stitutional amendment. There are so This amendment fails that test. It riage. Mr. President, 19 States now many other issues we should be debat- does not make our system more politi- have State constitutional amendments. ing instead of this divisive and deeply cally responsive. It does not protect in- Another 26 have statutes doing the flawed proposal. dividual rights. As James Madison same. Alabama voters, yesterday, en- We should be debating the raging war wrote in Federalist No. 49, the Con- dorsed an amendment to protect mar- in Iraq. We should be debating our stitution should only be amended on riage. In total, 45 States have either staggering national debt. We should be ‘‘Great and Extraordinary Occasions.’’ State constitutional amendments or debating global warming. We should be This is not such an occasion. State laws to protect marriage. debating stem cell research. Earlier this year, former Republican Tennessee, which will give voters the But we should not be debating a senator John Danforth of Missouri opportunity to voice their opinion this vague and unnecessary proposal to spoke about this amendment and this November, is one of six States with amend the U.S. Constitution. This is what he had to say: similar amendments to its constitution week’s debate is a textbook illustra- Maybe at some point in time there was one that are pending. No State—no State— tion of misplaced priorities. that was sillier than this one, but I don’t has ever rejected an effort to protect As Chairman SPECTER has said, the know of one.... Once before the Constitu- traditional marriage when it has been Federal Marriage Amendment is a so- tion was amended to try to deal with mat- on the ballot. lution in search of a problem. The 1996 ters of human behavior, that was prohibi- Voters across the country, from red Defense of Marriage Act, which I sup- tion, that was such a flop that that was re- States to blue, have voted overwhelm- ported, remains the law of the land. It pealed 13 years later. ingly to protect traditional marriage. defines marriage for purposes of Fed- I agree with my distinguished former But that has not stopped the same-sex eral benefits as the union of a man colleague that this is not an appro- marriage activists from taking their woman, and provides that no State priate subject for a constitutional campaigns not to the American people shall be required to recognize same-sex amendment. but to the courts. Indeed, their losses marriages performed in any other. I hope the American people will see at the ballot box have only fueled their DOMA has been challenged three this amendment for what it is. This judicial activism. times, including in the Ninth circuit, amendment is not about whether any Currently, nine States have lawsuits and each time it has been upheld. of the Members in this body support or pending. In five States, courts could re- DOMA is consistent with principles oppose same-sex marriage. define marriage by the end of the year. of federalism and the longstanding tra- This amendment is about raw elec- In California, Maryland, New York, and dition in our system that matters of tion year politics. It has zero chance of Washington, State trial courts have al- family law should be left to the States passing, and everybody knows that. ready followed Massachusetts and de- and not dictated by the Federal Gov- Those who would use the Constitu- clared their State constitution’s defini- ernment. tion as a political bulletin board should tion of marriage unconstitutional. All In my home State of Nevada, we be ashamed of themselves. Our Con- of these cases are on appeal. passed a State constitutional amend- stitution deserves better. And the A Federal judge in Nebraska over- ment in 2002 making clear that only a American people deserve better. turned a democratically enacted State marriage been a man and a woman can Mr. FRIST. Mr. President, over the constitutional amendment protecting be recognized and given effect in Ne- past couple of days, we have had a marriage. That ruling is now under ap- vada. I supported that measure. good, rigorous debate on the future of peal in the Eighth Circuit. Supporters of the Federal Marriage marriage in America. I thank Senator Another Federal court case in Wash- Amendment say that State laws like ALLARD and Senator BROWNBACK for ington challenges the constitutionality Nevada’s are under ‘‘assault’’ by ‘‘ac- managing the debate and my col- of the Federal Defense of Marriage Act. tivist judges.’’ The Nevada law is not leagues who have come to the floor to That case is stayed pending resolution under ‘‘assault’’ by anyone. There are very thoughtfully and thoroughly lay of litigation in the Washington State no court cases regarding marriage for out the legal and cultural issues that Supreme Court. Court watchers are ex- same-sex couples in Nevada. are at stake. pecting a ruling soon.

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.019 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5534 CONGRESSIONAL RECORD — SENATE June 7, 2006 With all of this litigation pending, seek action in the Senate on this im- Mr. MCCONNELL. The following Sen- there is little doubt that the Constitu- portant issue. ator was necessarily absent: the Sen- tion will be amended. The only ques- As I have said before, it is only a ator from Nebraska (Mr. HAGEL). tion is whether it will be amended by matter of time before the Constitution Mr. DURBIN. I announce that the Congress working the will of the people will be amended. The only question is Senator from Connecticut (Mr. DODD) or by judicial fiat. Will activist judges by whom. Is it going to be a small and the Senator from West Virginia override the clear intention of the group of activist judges or by the peo- (Mr. ROCKEFELLER) are necessarily ab- American people or will the people ple through a democratic process? I be- sent. amend the Constitution to preserve lieve the people should make that deci- The yeas and nays resulted—yeas 49, marriage as it has always been under- sion. nays 48, as follows: stood? We talked about the specific wording [Rollcall Vote No. 163 Leg.] In Massachusetts, the people have of the marriage protection amendment. YEAS—49 never had a say. The State’s supreme Nothing in the amendment intrudes on Alexander DeMint McConnell judicial court demanded the State individual privacy. Nothing stops Allard DeWine Murkowski sanction same-sex marriage. A major- States from passing civil union laws or Allen Dole Nelson (NE) curtails benefits that legislatures es- Bennett Domenici Roberts ity of the court substituted their per- Bond Ensign tablish for same-sex couples. Santorum sonal policy preferences for that of the Brownback Enzi Sessions people, and the consequences of that It simply protects the States from Bunning Frist Shelby having civil unions imposed on them Burns Graham Smith activism spread far beyond same-sex Burr Grassley from activist courts. It protects the Stevens marriage itself. Byrd Hatch Talent legislative process by letting people Chambliss Hutchison I wish to read from a letter from Thomas speak and vote. It ensures that their Coburn Inhofe Governor Romney sent to me as we Thune voices are heard and their votes are re- Cochran Isakson opened the debate on this issue. In it Coleman Kyl Vitter he warns us that Massachusetts is only spected. Cornyn Lott Voinovich just beginning to experience the full My own views on marriage are clear. Craig Lugar Warner implication of their court’s decision. I believe that marriage is the union be- Crapo Martinez He writes: tween a man and a woman for the pur- NAYS—48 pose of creating and nurturing a fam- Akaka Feinstein Menendez Although the full impact of same-sex marily. We know that children do best in a riage may not be measured for decades or Baucus Gregg Mikulski Bayh Harkin Murray generations, we are beginning to see the ef- home with a mom and a dad. Common sense and overwhelming research tell Biden Inouye Nelson (FL) fects of the new legal logic in Massachusetts Bingaman Jeffords Obama just 2 years before our State’s social experi- us so. Marriage between one man and Boxer Johnson Pryor ment. one woman does a better job protecting Cantwell Kennedy Reed our children—better than any other ar- Carper Kerry Reid In the letter, Governor Romney re- Chafee Kohl Salazar lates the following account: rangement humankind has devised. I Clinton Landrieu Sarbanes In our schools, children are being taught believe it is our duty to support this Collins Lautenberg Schumer that there is no difference between the same- fundamental institution. Conrad Leahy Snowe Now we will vote on proceeding on Dayton Levin Specter sex marriage and traditional marriage. Dorgan Lieberman Stabenow Recently, parents of a second grader in one the marriage protection amendment. Durbin Lincoln Sununu public school complained when they were not We will vote on whether we believe tra- Feingold McCain Wyden notified that their son’s teacher would read ditional marriage is worthy of protec- NOT VOTING—3 a fairy tale about same-sex marriage to the tion, and we will vote on whether the Dodd Hagel Rockefeller class. courts or the people will decide its fate. The parents asked for the opportunity to Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. opt their child out of hearing such stories. In The ACTING PRESIDENT pro tem- VITTER). On this vote, the yeas are 49, response, the school superintendent insisted the nays are 48. Three-fifths of the Sen- on ‘‘teaching children about the world they pore. Under the previous order, pursu- live in, and in Massachusetts same-sex mar- ant to rule XXII, the Chair lays before ators duly chosen and sworn not having riage is legal.’’ the Senate the pending cloture motion, voted in the affirmative, the motion is Now second graders are being indoc- which the clerk will state. rejected. trinated to accept a radical redefini- The bill clerk read as follows: f tion of marriage against their parents’ CLOTURE MOTION RECESS We the undersigned Senators, in accord- wishes. That is the reality today in The PRESIDING OFFICER. Under Massachusetts. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby the previous order, the Senate will It doesn’t stop there. Already reli- move to bring to a close debate on the mo- stand in recess until 12 noon. gious organizations in Massachusetts tion to proceed to Calendar No. 435, S.J. Res. Thereupon, the Senate, at 10:33 a.m., are feeling the pressure to conform 1, a joint resolution proposing an amend- took a recess, and the Senate, preceded their views as well. In March, the ment to the Constitution of the United by the Secretary of the Senate, Emily Catholic Charities of Boston discon- States relating to marriage. Reynolds, and the Sergeant at Arms, tinued their work placing foster chil- Bill Frist, Wayne Allard, Jim Bunning, Conrad Burns, Richard Burr, Tom William H. Pickle, proceeded to the dren in adoptive homes. Why? Because Hall of the House of Representatives to they concluded the new same-sex mar- Coburn, Jon Kyl, Craig Thomas, George Allen, Judd Gregg, Johnny hear the address by Her Excellency Dr. riage law would require them to place Isakson, David Vitter, John Thune, Vaira Vike-Freitberga, President of the children—require them—to place chil- Mike Crapo, Jeff Sessions, John En- Republic of Latvia. dren in same-sex homes. Clearly, this is sign, Rick Santorum. (The address delivered to the joint an irreconcilable conflict. The ACTING PRESIDENT pro tem- session of the two Houses of Congress So while we have advocates denying pore. By unanimous consent, the man- is printed in the Proceedings of the that same-sex marriage poses any con- datory quorum call has been waived. House of Representatives in today’s flict with religious expression or with The question is, Is it the sense of the RECORD.) traditional views, we are already see- Senate that the debate on the motion Whereupon, at 12 noon, the Senate ing in Massachusetts that simply is not to proceed to S.J. Res. 1, an amend- reassembled when called to order by the case. We don’t know yet the range ment to the Constitution of the United the Presiding Officer (Ms. MURKOWSKI). and the extent of the religious liberty States related to marriage, shall be f conflicts that would arise from the im- brought to a close? position of same-sex marriage laws, but The yeas and nays are mandatory DEATH TAX REPEAL PERMA- we do know the implications are seri- under the rule. The clerk will call the NENCY ACT OF 2005—MOTION TO ous, that religious expression will be roll. PROCEED challenged, and that it is a matter of The assistant legislative clerk called The PRESIDING OFFICER. Under deep public concern. That is why we the roll. the previous order, the hour of 12 p.m.

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.020 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5535 having arrived, the Senate will proceed pay the state to continue to enjoy the and his family had to sell his printing to consideration of the motion to pro- right to the property that you always company, what happened to the con- ceed to H.R. 8, which the clerk will re- thought was yours. centration of wealth? It sure took it port. It is a very expensive price, indeed. away from his family, all right, though The bill clerk read as follows: In recent years, it has been 55 percent no one would contend they were really Motion to proceed to the consideration of for the largest estates. Clearly, a lot of among the elite of this country. He was H.R. 8, to make the repeal of the estate tax people could not afford this, people who a poor Jewish kid from New York who permanent. put their life savings into their farm or came out west, made good, employed a The PRESIDING OFFICER. Under their business. lot of people and did a lot for his com- the previous order, the time from 12 I had a friend from Phoenix who munity. No, they sold to a big corpora- p.m. to 3 p.m. shall be divided for de- owned a printing company. He started tion, a public company. So the con- bate as follows: From 12 to 12:30, the it himself, and after 40 years built it up centration of wealth, of course, was en- majority will have control; from 12:30 to a prosperous printing company. He hanced, not lessened, as a result of the to 1 o’clock, the minority has control, took a modest sum out for he and his application of the estate tax. alternating between the two sides family but basically plowed everything It is very hard for small businesses every 30 minutes until 3 p.m. back into the company because to stay these days, or even small farms, to The Senator from Arizona. ahead in the printing business you had compete with publicly-owned busi- Mr. KYL. Madam President, today to buy the most modern printing equip- nesses. When the CEO of a publicly- and tomorrow could be historic days in ment and technology. owned business passes on, nothing hap- the Senate—indeed, in the history of On paper, his family had a lot of pens. The corporation simply goes our country—because we have an op- wealth. He had a lot of wealth when he chugging right along. But when the pa- portunity to eliminate what some have died. But it was literally tied up in the triarch of a family-owned business called the most unfair tax of all. I company. His family looked at the es- passes away and half of the money in speak of what has been called the estate tax. They had spent a lot of money the business has to be paid to Uncle tate tax, or the inheritance tax, or buying insurance and so on. They Sam, it can crush that small business. more recently has become known as found they were going to basically It is one of the reasons we need to the death tax. have to pay over half of the value of eliminate this tax. The small family- Just a word of the history of this tax this company to the Government. They owned business or family-owned farm would be interesting to my colleagues did not have that money. They did not cannot compete with the giant cor- before I discuss the process by which have that liquid cash. So they had to poration which does not suffer the this consideration will occur and some sell this printing company in order to same kind of tax. of the reasons why we need to proceed collect the money to pay the Govern- We should not have to buy back the with it. ment about half of it in the form of an estate from the king any longer. We It is very interesting that the history estate tax. need to end this most unfair tax of all, of the estate tax actually can be traced What happened? This particular man the death tax. back to ancient times and the Roman was one of the most generous people in It is interesting that even though Empire, but the more relevant history the city of Phoenix. He contributed most Americans will not have to pay for purposes of the United States, be- millions of dollars. In fact, there is a the death tax because their estates cause we borrowed this concept from Boys and Girls Club named after him. would fall within the amount that is England, came from the Middle Ages Every year his wife and his daughter exempted, by very large numbers, they when the sovereign or the state, of would be involved in charitable activi- recognize it is a very unfair tax. So course, owned all of the assets—the ties. I know because my wife is one of when public opinion surveys ask people land and even the personal property— the best friends of his daughter. They their opinion of the tax, the majority within the country. headed up charity events and raised of people in this country say they What would happen is, when the king millions of dollars for our community. would like to end the tax, that it is un- owned all of the feudal property in When his family had to sell the busi- fair and it should be eliminated. As a England, he would grant the use of that ness to pay the estate tax to the Gov- matter of fact, this applies to liberal property to the people within the king- ernment, they were no longer in a posi- and conservative voters. dom. Certain individuals during their tion to do the things for the commu- According to a Gallup poll from April lifetimes—let’s say a farmer—would nity they had always done. They have of this year, 58 percent of the respond- have the land to till and the farm ani- remained very active and very giving ents said that the inheritance tax is mals to take care of. When that farmer but not to the same extent when they unfair. It is interesting, this poll was died, in effect, his family would have to had a business to rely upon. taken when Americans were filing buy back that property from the king So this community lost in many their taxes. The death tax was called in order to continue to farm that land, ways. It lost a great, locally owned, unfair by more people than the de- to raise those farm animals and so family-owned business. It lost the pa- spised alternative minimum tax. Only forth. When the king died, the king triarch of that business, a very gen- 42 percent of the AMT said it was fair. would let the estate retain the prop- erous person, who supported the com- Yet, of course, we know that also to be erty on which the payment of an estate munity, and the family, of course, has a very unfair tax. It was never intended tax, called a relief, existed. That would not been able to employ those people. to apply to average Americans. It was then enable the family to continue to Over 200 people were employed in the put in there to make sure that even the run the family farm or the family busi- business. wealthiest Americans with all of their ness, to put it in modern-day terms. One of the modern-day rationales for deductions, exemptions, credits and It seems very strange indeed in the the estate tax is that it prevents the places to park their money that even 21st century we would retain this odd concentration of wealth in just a few they would have to pay some tax—even and clearly out-of-place custom of hav- families. If there is any Nation that if they did not owe any income tax, ing to buy back our property from the you don’t have to worry about that, it they would owe an alternative min- king. We do not have a king anymore. is the United States of America. We are imum tax. There has never been a king in the a Nation in which anyone can make Now, that alternative minimum tax, United States of America. Our right to wealth—and you can lose it quickly. much like the death tax, is reaching property is guaranteed in the Constitu- Everyone aspires to get higher on the down to take money from more and tion. So it seems strange, indeed, that economic ladder. The notion that more and more Americans. So we are we should be following a custom which somehow there are just a few rich fami- recognizing that whatever its good in- required us to buy back from the king lies in this country controlling every- tentions originally, it is an unfair tax. our property when our father or our thing is, of course, a wild myth. So it It is interesting that even though mother dies, for our children to have to is not necessary to break it up. more Americans will be hit with the buy it back when we die. Yet that is But what happened when people like AMT, a greater number of Americans the etiology of the estate tax, that you my friend Jerry, when he passed away believe the death tax is more unfair

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.023 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5536 CONGRESSIONAL RECORD — SENATE June 7, 2006 than even the alternative minimum Alicia Munnell, an economist, has cloture vote. It will occur presumably tax. Of course, they are both unfair. made that point. She was a member of sometime tomorrow. I urge colleagues They both need to be eliminated. It President Clinton’s Council of Eco- to vote yes on cloture so that we can shows the sense of fairness that Ameri- nomic Advisers. She estimated that the take up the House bill. cans have. costs of complying with the estate tax Some of my colleagues do not want There was a poll taken not long after laws are about the same as the revenue to support the House bill for full re- the Presidential election last year. It raised. It is expected to raise about $28 peal. I understand that. They are well was interesting to me that while 89 billion in this fiscal year. aware of the fact that since there may percent of people who identified them- The bottom line is, therefore, it is a not be support for that to get 60 votes, selves as Bush voters believed the very inefficient tax. It costs, actually, a lot of work has been done to develop death tax is somewhat or very unfair, twice as much as we think it does. It an alternative which would end the 71 percent of the Kerry voters also does not bring in that much revenue. most pernicious impact of the tax but found the death tax at least somewhat And certainly it is very detrimental to still allow some revenue to be collected or very unfair: 25 percent, somewhat; 46 economic growth and to capital forma- from the most wealthy estates each percent, very unfair. So this reaches tion. year. I will discuss that in a moment. across the economic spectrum; it There is a way we treat this phe- The bottom line is that in order for reaches across the political spectrum. nomenon in the Tax Code. It really us to vote on full repeal or to vote on Americans know an unfair tax when tells us how we should treat the estate an alternative to full repeal, we will they see it, and they think it ought to tax. Think about the unintended have to support the first cloture mo- be eliminated. events that occur in your life. Obvi- tion to proceed so that we can take up Of course, the economic theory backs ously, death is the chief among them. the House bill. Presumably, then, the them up. They say it is unfair because, You cannot choose when you die. Ev- majority leader would have a cloture among other things, it is a tax on hard eryone knows they are going to die, vote on that underlying bill and people work. It is a tax on thrift over con- but it is not an event that is a vol- can vote yes or no on that as they please. I will vote to repeal the estate sumption. It is a tax on assets that untary event or that we decide when tax. Should that fail, we will then have have already been taxed at least once we are going to do it, certainly not for the opportunity to vote on an alter- when they were earned and sometimes tax-planning purposes. multiple times as that money has been It is much like a couple of other native. That alternative has been rel- invested and then returned a profit. things that are recognized in the Tax atively widely discussed, and we will Americans understand we should Code as involuntary events. One of have an opportunity to discuss it more have a tax policy that encourages sav- later. them is what happens when there is a ings and encourages working more. In general terms, what it would do is theft. Someone breaks into your home When people know that the next dollar provide that most people won’t have to and steals a lot of your property. You they earn is going to be taken by the spend the $30 billion a year that is might get the insurance company to Federal Government or that half of ev- spent on insurance policies, lawyers, give you that money back. Should that erything that is left in this estate accountants, estate planners, and the money be taxed as income when you could be taken by the Federal Govern- like to try to avoid paying most of the get it back from the insurance comment, what is the incentive for them to estate tax. For most people, under this pany? Of course not. It is merely a re- continue to work? alternative compromise, the exempted Dr. Edward Prescott, a Nobel Prize placement for what was stolen from amount will be large enough that they winner in economics from Arizona you. The Tax Code recognizes this in won’t have to worry about it, or if even State University, got that prize by what is called an ‘‘involuntary conver- after the exempted amount, their es- proving the phenomenon that there is a sion,’’ and they do not force you to pay tate will be covered—and with the in- direct relationship in how much more the ordinary income tax on the money crease in real estate prices today and people will work and how much they you get back when you suffer that loss. with the value of businesses and farms have to pay in taxes. When they know It is the same thing for death. Death going up, frequently, simply because of most of what they earn, they can put is not a planned event. Death is not the value of the land or the personal back into their business, save, invest something like a sale of property for property, a lot of estates could get or give to their kids, they will continue which you would expect to pay a cap- caught even with a generous exempted to work. When they know it will go to ital gains tax but, rather, something amount. We have a plan that only the Uncle Sam, guess what. They don’t that occurs to you involuntarily; cer- capital gains tax rate would apply. If work anymore. That is lost produc- tainly you should not suffer a price that is the case, then, whether you tivity. It is lost productivity that dam- when the estate is passed to you from choose to sell the property before death ages our entire country, our economy. your loved one, let’s say. It comes, of or you are willing to pay whatever you It obviously hurts in job creation. It course, at the worst possible time in have to after the exempted amount hurts in our ability to continue to people’s lives to begin with, when they after death, it is the same. It would be enjoy the kind of growth we have. are grieving the loss of a loved one and 15 percent today; after 2010, it would be The studies verify this. The studies now are going to have to pay the king 20 percent, if that is not changed. Ev- verify, according to the Joint Eco- to get that loved one’s estate. This is erybody knows, therefore, that the nomic Committee, for example, which not something which Americans be- penalty, in effect, to the Government is has done one of these recent reports, lieve is fair or right or just. the same. You pay on the gain if you that the estate tax has reduced the There is a way we treat this in the sell the property before death. If your stock of capital in the economy by Tax Code—involuntary conversion. You heirs inherit the property, they would about $847 billion over the last several don’t get taxed on it. The same philos- pay that same 15 or 20 percent. There decades, the last 60 years. That is al- ophy ought to apply to the estate tax. may be an addition to ensure that the most $1 trillion in lost capital that There are a lot of reasons. There are very wealthiest estates pay at a higher could have been put to work creating the purely economic reasons. There is rate. That is something we are dis- jobs and creating products. American public opinion. There is the cussing with colleagues. In comparison, the estate tax raised philosophy of the Tax Code. All of The bottom line is, what we will do is $761 billion in inflation-adjusted dol- these things mitigate against having make clear that for most people, they lars over this same period of time. The this unfair death tax today. won’t have to worry about the death bottom line is, this is a destructive What we have done is to, therefore, tax anymore. For the very few who do, tax. It is not a tax that helps taxpayers set up a process by which we can take it would be only the very largest es- very much. It is about 1 percent of the up the House bill which voted over- tates which would clearly have the fi- revenues we collect, and, according to whelmingly to eliminate the death tax. nancial means of doing something estimates, Americans actually pay That is H.R. 8. What we are debating about it. about the same amount in money every now is the taking up of H.R. 8 so that We are not going to be able to get to year to avoid paying the death tax as it we, too, can vote to repeal this fun- either a vote on full repeal or the alter- brings into the Federal Treasury. damentally unfair tax. We will have a native unless we vote for cloture to

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.024 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5537 take up the House bill. That is the crit- cause, fundamentally, it is an unfair praisers, and other experts to make ical vote which will occur tomorrow. tax. Once you earn income and pay sure that all their t’s are crossed and We have a series of speakers. I be- taxes on your income, then Uncle Sam their i’s are dotted. Many taxpayers lieve the Senator from Texas, Mr. comes along, when your loved one is are not lucky enough to afford the ar- CORNYN, is next. Then we have Sen- lying on their deathbed, and says: We mies of accountants and tax lawyers ators TALENT, SHELBY, BUNNING, want another bite out of your savings needed to avoid the death tax through ALLEN, THUNE, and GRASSLEY on the and assets that have accumulated due the use of legal and reasonable trusts Republican side. I urge them to be here to your hard work and industry. or foundations. The IRS interacts with to ensure their place in line so that There are those who say this is just American taxpayers every day in one they have an opportunity to speak for to benefit the rich and wealthy. That way or another. It should not be there the allotted time on this important ignores the reality on the ground. The on the day those taxpayers leave this issue, laying the foundation for what is death tax brings the hammer down on Earth. going to be a historic vote tomorrow to Texas farmers and ranchers whose I know there are concerns expressed finally get on the process for getting most valuable asset is their land. To by some colleagues with regard to the rid of this most unfair tax. pay this double tax, farmers and ranch- budget deficit. There is no doubt that I urge colleagues’ support and yield ers are threatened with the prospect of Congress needs to do all it can to re- the floor. selling just to pay their tax. This is sponsibly control the rate at which we The PRESIDING OFFICER. The Sen- true of small business owners who have spend on mandatory programs which ator from Texas. chosen perhaps not to incorporate or are the primary cause of our deficit, Mr. CORNYN. Madam President, I form a business organization such that growing as they are at the rate of 8 congratulate Senator KYL, who has they can take advantage of other tax percent or more a year—Medicare, So- been a true champion of this effort and exclusions and exemptions but, rather, cial Security, and Medicaid. Earlier a leader on a bipartisan basis, for his this affects small business owners in a this year, I offered an amendment to good work. I know we were delayed a disproportionately negative way as the budget resolution that would have little bit because we thought we were well. built on the successes of the Deficit Re- going to come to the floor with this The death tax discourages savings. duction Act and further reduced the important legislation about the time By taxing bequests, the death tax dis- growth in mandatory spending. Unfor- that Mother Nature sent us Hurricanes courages small business owners and tunately, it was not accepted. Katrina and Rita. But we are back here family farms from saving and rein- Some advocate keeping the death tax through no small effort on the part of vesting in their business. Many econo- in the IRS Code as the key to opening Senator KYL. I thank him for his lead- mists bemoan the fact that Americans the door of fiscal discipline. I disagree. ership. don’t save enough compared to other Following this path will lead to no- This is an issue which affects my countries. Eliminating the death tax where and lead there fast. What it will constituents in Texas a lot and con- would lower the barrier to savings that do, instead, is slam the door on ranch- cerns Americans, as we know, across a so many Americans face. ers and farmers and family-owned busi- broad political spectrum, as a result of Not only does the death tax discour- nesses. That is not something I am pre- public opinion polls. It goes back to age small businesses and farmers and pared to do. To ensure the economy’s 2001, when Congress passed the Eco- ranchers from saving, it also hinders continued momentum, we need to nomic Growth and Tax Relief Rec- their ability to operate from genera- make sure the permanent elimination onciliation Act which included a phase- tion to generation. The current death of the death tax is included in this leg- out of the death tax. Eliminating the tax burden especially makes it progres- islation. We have to end the death tax death tax was an important part of sively more difficult for each suc- once and for all as a matter of funda- that overall tax relief package which ceeding generation to keep an agricul- mental fairness. has played no small part in the incred- tural operation going. The death tax The fact is, by cutting taxes, we spur ible economic expansion we have seen reduces the inheritance available to economic activity, which, in part, ac- in America since that time: 2 million heirs, again discouraging people from counts for why the budget deficit is ac- new payroll jobs in the past year; more working, saving, and investing. We are tually lower than had been projected than 5 million new payroll jobs since all familiar with the stories of sons and earlier, because the revenue to the May of 2003; unemployment is at 4.6 daughters having to sell the family American Treasury has increased with percent, the lowest in almost 5 years; farm their parents gave them so they the burst and expansion of economic home ownership has reached alltime could merely pay the tax bill upon the activity. With more people working, highs, including among those cat- demise of their loved one. more people paying taxes, there is egories of minority owners who tradi- The death tax also discourages entre- more revenue into the Treasury. We tionally have lagged behind in terms of preneurial activity, which is the key to have been through a recession, na- their pursuit of the American dream. keeping America competitive in the tional emergencies, corporate scandals, The economic growth and expansion we global economy. As ironic as it may and a war. Yet because of the Presi- are seeing today would not have been seem, the former Soviet Union, our op- dent’s leadership and the leadership of possible but for the important tax re- ponent in the Cold War, understands this Congress in passing important tax lief this Congress passed with Presi- the positive economic benefits of elimi- relief, we were able to put money back dent Bush’s leadership in 2001 and 2003. nating the death tax. Last year, Russia in the pockets of ordinary Americans Unfortunately, because of our budget eliminated its own death tax. In fact, so that they could then invest and help rules, because of our inability to get 60 414 Members of the Duma, the Russian grow the economy that has benefited votes for permanent repeal, Congress Parliament’s lower house, voted in us all. Let us not get in the way of that has been unable to completely elimi- favor of the proposal, a record at the important progress by failing to take nate the death tax. The death tax will time. the necessary action to end the death amazingly disappear in 2010 but then Dying should not be a further bur- tax once and for all. rear its ugly head in 2011 and revert to densome, expensive, and complicated The PRESIDING OFFICER. The Sen- its pre-2001 level. In other words, unless event because of the death tax. Right ator from Montana is recognized. we act, the American taxpayer will see now, it is. IRS data indicates that Mr. BAUCUS. Madam President, the a huge tax increase. more than half of the estates of those Book of Proverbs says: This debate is about whether Mem- who die in America are required to file A good man leaves an inheritance to his bers of the Senate truly believe that a death tax return even though they children’s children. death should remain a taxable event never owe any death tax to begin with. Tomorrow, the Senate will vote on for American taxpayers, especially In addition, complying with one or whether the Government should have a those who are hit in a disproportion- more of the complicated parts of the part in that transaction. Tomorrow, ately disadvantageous way—ranchers, Internal Revenue Code can be crushing the Senate will vote on whether to farmers, and small business owners. I when you consider that taxpayers need move to the consideration of a repeal favor eliminating the death tax be- to hire attorneys and accountants, ap- of the estate tax.

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.026 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5538 CONGRESSIONAL RECORD — SENATE June 7, 2006 During a particularly tumultuous effort. It will take concessions. I am provide real relief—not political state- time in American history, President committed to that work. ments. Ford said: I have met with many Senators from Madam President, let us not just Truth is the glue that holds government both parties on this issue. Our staffs make statements. Let us negotiate. together. Compromise is the oil that makes have been meeting for months. We have And let us make the law that will end government go. been working to address the details, if this tax once and for all. We are not confronted with the same we reach an agreement. After meeting I yield the floor. level of rancor today as when President with Republicans and Democrats on The PRESIDING OFFICER. The Sen- Ford said that. But both of these insti- the estate tax, we have considered sev- ator from Minnesota is recognized. tutional virtues—truth and com- eral proposals that will both increase Mr. DAYTON. Madam President, promise—are as essential today as they the exemption for estates subject to today, we are witnessing another dis- were then. To achieve true estate tax the tax, and lower the rates of tax- play of Republican anguish for Amer- relief for our constituents, we will need ation. ica’s oppressed minority, the rich and a heavy dose of each. These proposals will not eliminate the super-rich. They suffer from a ter- The estate tax is a difficult issue. the estate tax altogether. But they rible injustice: They have to pay taxes Members on both sides of the debate will—at the very least—eliminate the on their millions and multimillions have strong feelings. Back home, many tax for 99.7 percent of Montanans and and even billions of dollars in accumu- of us meet with ranchers, farmers, fam- Americans alike. Only 3 tenths of 1 per- lated wealth. Thanks to my Republican colleagues, ily businesses, and others who feel pas- cent of Americans would have to worry the rich and super-rich pay far less in sionately about the estate tax. Some about the tax again. That is a very taxes than they did 5 years ago. But believe that it is an unfair tax. Others small number. Only 31 out of nearly their sympathy knows no bounds. So believe that it is an important source 9,000 estates in Montana would be sub- today we are debating eliminating of revenue for government programs. ject to an estate tax in 2006 under the taxes—not just lowering them but Personally, I believe that the estate proposals we are discussing. eliminating them—on only the wealthi- tax has caused significant hardship for We are discussing proposals that est one-half of 1 percent of all Ameri- families in my home state of Montana. amount to roughly half of the cost of cans, taxes they don’t even pay them- I often hear from ranchers and farmers full repeal. That is the ultimate con- selves but their estates pay after they who own land that has become very sensus position. That is the middle. die. valuable. Often, they have little cash I think that Senator KYL and I have This debate is not about saving fam- in their pockets to pay the estate tax made good progress. But I am willing ily farms or small businesses, although when passing their land on to their to listen to other ideas that Members children. In Montana, like many other I personally favor exempting them have. We should keep this process from all estate taxes. places in the West, people are com- going. We should continue the work of mitted to their land. They are com- This proposal is about eliminating a negotiation. We have not finished our tax that falls only on the rich and the mitted to their way of life. work on a compromise. But even so, Many of my constituents want to super-rich. When it comes to tax cuts the majority leader has decided to hold for them, the Republicans just cannot pass their ranch or farm on to their a vote on the estate tax. children. They do not want it divided do enough. They have done so much al- Let’s be honest. Tomorrow’s vote is ready. They lowered the top personal up. They do not want it spoiled by de- thus not a constructive step to actual velopers. Their children want to stay income tax rates by more than any reform. It is a political exercise. It is a other categories. They reduced the tax on the land. They want to keep the reward to the noisy Washington inter- lifestyle that is so important to them. rate for capital gains to 15 percent. est groups that pray on resentment and President Bush wanted to eliminate They love the land. They are stewards discord. Both Democrats and Repub- of the proud western heritage of ranch- taxes on dividends, but Congress set- licans are guilty, on occasion, of forc- tled on a 15 percent rate for that in- ing and farming. They take their ating votes just to score political points. tachment to the land very seriously. come as well. But that is not a productive way to run And they do not take kindly to the Republicans and a few Democrats— the Senate. So what will we be left government interfering with their link but mainly Republicans—have created with tomorrow at the end of this vote? to the land. This is why I support re- a Federal Tax Code where a working Perhaps more distrust of one side from peal of the estate tax. From my view, person with taxable income above the other. But we will not have accom- from Montana’s view, a tax that forces $28,400, or a head of household with tax- plished the goal that many of us in this ranchers to break up their land is a bad able income above $38,400, pays much body seek: true estate tax relief for our tax. higher tax rates than rich people pay This is my strongly held belief. But I constituents. on millions of dollars of income from realize that some of my colleagues be- As our former Majority leader George dividends and capital gains. lieve just as strongly that inheritances Mitchell used to say said: ‘‘Do you Let me say that again. A working over a certain value should be subject want to make a statement, or do you American pays a tax rate of 25 percent to tax. I understand that anything is want to make law?’’ I am committed to or higher on every dollar of earned tax- possible. But it appears unlikely that making law. I will work together with able income above $28,400, or $38,400 for we are going to change many Senators’ Republicans and Democrats alike. I a head of a household. A multi-million- minds on this issue. Each side is pretty will work with anyone in this body to aire or a billionaire pays a tax rate of well dug in. reach a consensus on the estate tax only 15 percent on any amount of un- As a consequence, we are short of the that gives real estate tax relief to Mon- earned taxable income. Now, there is a votes required to repeal the estate tax tana families, and importantly, has the tax injustice to the middle class work- outright. votes to pass. ing Americans that we should be doing That is why I have been working to- But such a compromise will take something about. gether with Republicans and Demo- time. My hope is that we can return to But, no, what do my Republican col- crats to achieve a compromise on the negotiations after this vote. I hope leagues propose today? More tax cuts estate tax. Senator KYL, in particular that then we can bring to those nego- for only the wealthiest people in Amer- has made an important effort to reach tiations a renewed sense of purpose and ica. They don’t seem to care that they a compromise. I commend him. drive to accomplish a true com- are sacrificing the financial strength My goal is to pass a repeal of the es- promise—consistent with the best tra- and stability of our Federal Govern- tate tax. But if we are not able to ditions of this body. We owe this spirit ment to continue these tax giveaways. reach that goal, at the very least we of cooperation to the Senate as an in- They are addicted to what the non- should reach a resolution that will pro- stitution. More importantly, we owe it partisan Concord Coalition has called tect as many Montanans as possible to the ranchers and farmers and fami- the ‘‘most reckless fiscal policy in our from the estate tax. lies in Montana and across America Nation’s history.’’ I think that we can accomplish that. who expect us to work together for a When George Bush became President, But we will need time. It will take real compromise on the estate tax that will the Federal Government’s operating

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.029 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5539 budget had just been balanced for the Politicians pander to those desires by And the answer is clearly no, we don’t first time in nearly 40 years. Now, it is offering more and more tax cuts be- have the money. We already can’t pay running deficits of $500 billion a year. cause they are popular and they help our bills. This is what has happened in The entire Social Security trust fund them get re-elected—while still in- the last 5 years. These are the deficits surpluses are being spent to cover part creasing Government spending, because that have been run up. They are the of those operating deficits. The rest of that is popular, too. But the result of biggest deficits in the history of our it is being borrowed. President Bush’s that lost ethic and the insatiable desire country. This year they are antici- own budget projects that in fiscal year for more and more tax cuts in the last pating a deficit of $325 billion. That 2011, the year this proposed repeal year—setting aside Social Security— doesn’t accurately describe our fiscal would become permanent, the on-budg- total Federal tax revenues amounted condition because what is going to get et deficit will be $415 billion. to only three-fourths of expenditures. added to the debt this year is not $325 Total Federal debt will have grown Under existing tax policies, it won’t billion. What is going to get added to to $11.5 trillion. Over $3 trillion of that get much better. Under this estate tax the debt this year is over $600 billion. debt will be owed to the Social Secu- proposal, it will get worse. In the midst of this sea of red ink, rity trust fund. That is the amount of So the question before us is: Who what our colleagues are talking about the trust fund surpluses the Republican cares about the future of this country? doing is eliminating another trillion tax giveaways will squander to pay for Who will say no to the demands for dollars. Let’s just stack it on the debt. them. more money by its most privileged peo- They are not proposing cutting spend- The Federal financial situation only ple who apparently don’t understand or ing to offset this amount. They are not gets worse during the following years. don’t care what they are doing to the proposing other taxes to offset this According to the Social Security trust financial future of everyone else? But amount. They are proposing borrowing fund’s trustees, that fund will start to we do know, we, the 100 elected rep- the money. This is our pattern of bor- run annual deficits in 2016—that is 10 resentatives of all the people of this rowing since this President took over. years from now—as more and more great and still strong Nation, we, the In the last part of his first year, the baby boomers retire. Those annual So- stewards of its financial treasures and debt of the country stood at $5.8 tril- cial Security trust fund surpluses will the trustees of the public trust, we do lion. We don’t hold him responsible for be gone. Those previous surpluses that know. It is our responsibility to know the first year because that was a budg- President Bush and most Members of what eliminating the estate tax would et determined in the previous adminis- Congress once promised would be saved do to our Nation’s future financial sol- tration. But here is what is happening in a lockbox until needed to pay Social vency, and there is no possible way to to the debt under this President in 10 Security benefits will be gone, too— years—the first 5 years we have al- gone to pay for part of the tax cuts for responsibly adopt this proposal. There ready seen and the 5-year budget that the rich and super-rich. So then the is no way to justify placing the finan- is before us now. Federal Government’s operating budg- cial interests of a few Americans ahead If the 5-year budget that has been et will be running huge deficits. of the financial interests of all the rest The Social Security trust funds will of America. passed in the House and the Senate start running big deficits. The oper- If we eliminate this tax, we might as goes forward pursuant to the Presi- ating fund will owe the trust fund over well eliminate all Federal taxes start- dent’s proposal, this will be the debt at $3 trillion, and yet this Senate is talking in the year 2011 and start over the end of that period—almost $12 tril- ing about eliminating a tax on the again because the Federal tax system lion. This President will be responsible richest one-half of 1 percent of Ameri- will have been irretrievably broken, for doubling the debt of the country. cans. and it will be just a matter of time be- Already he has more than doubled This is beyond fiscal irresponsibility. fore everyone finds out and discovers the amount of American debt held by This is fiscal insanity. These projec- that this country’s financial future has foreign entities. It took all these Presi- tions are right from the President’s been squandered by a few in here to dents—42 Presidents—224 years to run own budget office and the Social Secu- benefit a few out there. Then there will up $1 trillion of external debt. This rity trust fund trustees. The revenue be hell to pay. President has more than doubled that shortfalls are catastrophic. We are Madam President, I yield the floor. amount in just 5 years. This is an ut- standing on the look-out tower of the The PRESIDING OFFICER. The Sen- terly unsustainable course, debt on top Titanic and all we have to do is open ator from North Dakota. of debt. our eyes and look at the financial ice- Mr. CONRAD. Madam President, we The result is, we now owe Japan over berg that is dead ahead. My Republican are debating the question of whether $600 billion. We owe China over $300 bil- colleagues want to keep going full the estate tax ought to be eliminated. lion. We owe the United Kingdom al- speed ahead. They also want to pour It has been fashionable to call this tax most $200 billion. We owe the oil ex- more coal on the fire. The people in the the death tax. That is a name conjured porters almost $100 billion. And now first-class cabin will get to enjoy their up by some PR people for a handful of Mexico has gotten on to our list of top extra champagne and caviar for a short wealthy families whom the New York 10. We owe Mexico $40 billion. while longer. Times revealed this morning have Most of the added borrowing we have Nobody likes to pay taxes. This coun- spent $200 million over the last several done to float this boat, most of the try was founded by anti-tax rebels. But years trying to convince people there is money has not come from our own once it became our country and our a death tax. country. We have borrowed more from Government of we, the people, most There is no death tax. None. We do abroad in the last 5 years than we bor- Americans willingly paid their fair have a tax on the wealthiest estates in rowed from America to finance these share of the taxes necessary for the the country. Currently, the exemption deficits. public services that we collectively levels of $2 million per person or $4 Our colleagues are saying: Let’s go want, like national defense, education, million a couple mean that only one- out and borrow another trillion dollars, highways, and the rest. half of 1 percent of estates are taxed. primarily from Japan and China, in There used to be an ethic in this To eliminate the estate tax would order to give a tax reduction to one- country that if you made more money cost the Treasury $776 billion from 2012 half of 1 percent of the estates. This as an individual or a corporation, you to 2021. That is the time it would be makes no earthly sense. paid more taxes. That was your fair first fully in effect. That doesn’t count Under current law—here we are in share. That was a reasonable price to the interest lost. The interest lost 2006—a couple can shield $4 million. In pay for living in the greatest country would be another $213 billion. So the fact, with any kind of estate planning, in the world and for being successful in total cost to the Treasury would be they can shield far more than that. In it. Now that ethic has been lost. Now nearly $1 trillion in the time 2012 to 2009, that will go up to $7 million. That too many people and companies want 2021. is under current law. to make more and more money and pay Let’s look at our current budget con- Under current law, in 2009, 99.8 per- less taxes or pay no taxes or get re- dition because that should inform what cent of estates will pay zero. There is bates. we do here. Do we have this money? no death tax. There is no death tax.

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.030 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5540 CONGRESSIONAL RECORD — SENATE June 7, 2006 There is a tax on wealthy estates, and tate tax repeal. Repeal costs $369 bil- economic growth and at precisely the if we don’t get some help from the very lion from 2007 to 2016. During that same kind of people who drive economic wealthiest among us, guess what. We period it would cost $286 billion to ex- growth. Repeal of the death tax would are either going to have to ask middle- tend the 10-percent bracket. That real- increase nonresidential investment class people to pay more, or we are just ly does affect people, middle-class peo- capital by $25 billion, an average of going to keep running up the debt. ple. It would cost $183 billion to extend 100,000 to 200,000 jobs a year, greater The proposal of our friends on the the child tax credit. That really does disposable income for American work- other side is just stack it on the debt, affect middle-class people. And it ers, and stronger economic growth. stack it on top of the debt that has al- would cost $46 billion to extend the That is what the economists say when ready doubled under this administra- marriage penalty relief. they study it. tion’s watch. I submit these are priorities. These I believe the impact of the death tax Already under current law, the num- are the issues—extending the 10-per- is far greater than just what the econo- ber of taxable estates has dramatically cent bracket, extending child tax cred- mists have been able to estimate and fallen. In 2000, we had 50,000 estates it, extending marriage penalty relief— monetize because it is a particularly that were taxable. That was down to to which we ought to pay attention. demoralizing tax. It says to the small 13,000 this year. By 2009, it will be fur- Finally, this is a quote from the businesspeople and the farmers, indeed, ther cut to just 7,000. chairman of the Finance Committee to everybody who saves and invests, What is this really about? This is last year: that you can do everything you can to really about a handful of wealthy fami- It’s a little unseemly to be talking about build up your business, you can do ev- lies who, according to the New York eliminating the estate tax at a time when erything you can to build up your Times in this morning’s paper, have people are suffering. farm, you can do all that with a view spent more than $200 million over the The chairman of the Finance Com- toward benefiting your community, last several years to convince people mittee had it right last year. It is un- your employees, and making the kind there is a death tax. I just had a col- seemly. It is unseemly to be elimi- of success we want you to make out of league tell me a baggage handler nating the estate tax when our country your life, you can be successful at the stopped him and urged him to end this is in deep debt, when our country is at American dream, and then the Govern- death tax because he was deathly war, when our country is running up ment comes in and takes more than afraid he was going to get taxed. That record deficits, and when there are so half of it and often takes more than baggage handler doesn’t have to worry. many other needs that are the real pri- half of it under circumstances which One has to have $4 million in their fam- ority for the people of this country. have the impact of destroying the ily before they pay a penny of tax. I thank the Chair and yield the floor. whole enterprise. This is not specula- With any kind of estate planning, you The PRESIDING OFFICER. The Sen- tion; this is what small businesspeople can shield far more than that. ator from Missouri. are saying and what they have said I recently spoke with a North Dakota Mr. TALENT. Madam President, is it year after year after year. I know be- estate lawyer. He does more estates in order for our side to speak now? cause I have had them before my com- than any lawyer in my state. I said: Is The PRESIDING OFFICER. Without mittee. this estate tax with a $4 million exemp- objection, the Senator from Missouri Many in Missouri are affected by this tion per family a problem? may proceed. tax. Renee Kerchoff is the second-gen- He said: Kent, it is a nonissue. Not Mr. TALENT. Madam President, I eration owner of Rudroff Heating and only do you have $4 million, but in ad- wish to speak a few minutes today Air-Conditioning, started in Belton, dition, you have a whole series of about the repeal of the death tax and MO. Because her family worked hard, things you can do to further reduce why we ought to do it and, the very because they were willing to take your tax liability, and on top of that, if least, why we ought to vote on it. I do risks, because they reinvested what the you do have any liability, you have 14 this with a background of somebody business earned instead of keeping it years to pay if you have a closely held who chaired the Small Business Com- for themselves, the business has done business or a farm. mittee in the House for two terms and well. Her father is no longer living. You have 14 years to pay. People say had occasion to have hearings on this Renee’s mother is living. She is going there is a liquidity problem. There is proposal and on the death tax. And through the dilemma thousands and no liquidity problem. The only people more than that, I have spoken over the thousands of family businesspeople go who have an issue are very wealthy years with scores and scores of small through in this country every day: she people. business people and farmers who are is trying to figure out how to save the I would love to be able to say to them penalized by this tax in a particularly business when her mother passes away that we can dramatically reduce your demoralizing way. I think it is time to because she will owe a huge financial tax burden, but the problem is we can’t get rid of it or at least to vote on get- liability to the Federal Government. pay our bills now. People say it is the ting rid of it. We owe that to them. When I was chairing a committee in people’s money. Absolutely it is. It is These are the people who drive Amer- the House, I had one woman—not Ms. also the people’s debt, and this debt ica’s economy. These are the people Kerchoff but a different woman—break that is going to be added to is in all of who create the jobs, who create the down in front of the committee trying our names. This is in all of our names. technical innovations on which we de- to explain how she and her brother Are we really going to take on $1 tril- pend. They are particularly hard hit by were unable to save the family busi- lion of additional debt in order to help our death tax, which is the most oner- ness. ‘‘Mr. Chairman,’’ she said, ‘‘if we a handful of very wealthy people who ous estate tax or death tax in the have to sell the business, what is going really don’t need the help? world. to happen to the employees?’’ What We have already heard many of them Keep in mind that death taxes work happens to employees when you have say: Please, don’t do this. Warren on estates that have already been to liquidate a business? What happens Buffett, the second wealthiest man in taxed. There isn’t anything in an es- to employees when you have to sell out the world, said this makes no sense at tate that hasn’t already been taxed as to a big company? They get laid off. all. Mr. Gates, the father of the richest a lot of it has already been taxed sev- Farmers, in the view of this tax, are man in the world, has come before us eral times, and our death tax allows often considered to be wealthy because and said: We don’t need this kind of the Government to come in on the de- they have farmland maybe near a sub- help. We have been blessed by being in mise of a person and collect up to 55 urban area that has gone up in value. America. We have had the opportuni- percent of what they have worked for, There are farms in Missouri where the ties of being here. We expect to make what they have earned, and what they land is valued at $1 million or more. an additional contribution. saved in the hope they could benefit Those farmers would be surprised to There is something else that should their children. hear that the Federal Government be- be mentioned, and that is, we have The death tax is punitive. It costs lieves they are wealthy. A lot of that other tax relief we need to consider, the economy. It is directed precisely at land is near St. Louis or Kansas City. and this should be the priority over es- the kind of activity that we need for It has gone up in value, but they don’t

VerDate Aug 31 2005 00:46 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.031 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5541 have the cash to pay the tax. They are of the next generation, you try to save revenue stream that funded all aspects going to have to sell the farm to pay it and invest it and grow it because you of a growing Federal bureaucracy. the tax instead of passing it on to their believe in America, you believe in the Today, the estate tax continues to pro- heirs. future of the country, and you want to vide a significant revenue stream to This is a common story all over the help your kids or your grandkids or the Federal coffers and functions as a United States. What are these family somebody else’s kids or grandkids, the redistribution of personal wealth and businesspeople and farmers trying to Government doesn’t like that. The punishment, basically, to those suc- do? They are reacting to this. They Government is going to come in and cessful business owners seeking a bet- don’t want to sell the business. They take all of that. Why? Because we are ter way of life. don’t want to sell the farm. They are afraid we are going to lose revenue. The death tax places an undue bur- spending enormous amounts of time I am a believer that if you trust in den on our Nation’s family-owned and effort and money on lawyers and the American people, in the hard work, farms and small businesses. These indi- accountants trying to figure out how the decency, the foresight of the Amer- viduals work tirelessly day in and day to preserve what they have built up for ican people, we are going to do OK with out to make their own way, to con- their whole lives. Do we want them revenue. If we grow this economy, the tribute to society and the economy, meeting with their brothers and sisters Government will have plenty of rev- only to be told their loved ones will be and other family members and spend- enue. punished when they die. Too often I ing hours and hours on an estate plan, At the very least, we ought to vote hear sons and daughters forced to sell a or do we want these innovative and on this. I believe it is time for us to piece—if not all—of the legacy their hard-working people spending hours ask, as a body, are we going to fili- parents worked to create and sustain and hours figuring out how to grow buster everything? I mean, is there no simply to pay the estate tax. That sce- their business and create jobs and grow bill we can just allow to come to a nario is wrong. We should not punish the economy so that the rest of us will vote? If you don’t like this, vote hard work and entrepreneurship; we benefit? against it. Now we are filibustering the should reward it. We should reward To me, the answer is clear. We can motion to go to the bill. I hope every- those who choose to continue their unleash this layer of people around this body in the country understands that family businesses rather than shut country by telling them: Look, when this is a filibuster of an attempt just to them down. These people work hard to you earn money, yes, you are going to debate the bill. We are not even going promote prosperity and growth in their pay a substantial amount to the Fed- to allow that. Despite the expressed local communities, only to be told by eral and State government—and many wishes of small business organizations the Federal Government that in addi- of them pay 50 percent or more of their and farm organizations, despite the tion to the taxes they have paid each income in Federal and State taxes—but trend in the rest of the world, we are and every year, they must now pay an once you have paid that, what is left is not even going to debate it. We don’t additional tax, the death tax, because yours. It is yours and your family’s. trust the American people with their someone died. You can reinvest it in the business, you money. We don’t trust the small busi- Taxing death has a negative impact can build up the farm, and you don’t nesses and the farmers to expand the on the desire of Americans to invest have to have this hanging over your economy and to create jobs, and we and to save. A basic economics class head year after year. We are not going don’t even trust ourselves to vote on will teach you that savings and invest- to penalize you for succeeding at the something. No wonder people are frus- ment are positive for individuals, fami- American dream. trated. lies, and our economy. Punitive taxes Heaven knows, enough small There is still time to do the right such as the estate tax, capital gains businesspeople and farmers fail. They thing here. Let’s vote on the motion to tax, dividend tax, and the gift tax all try their best, but they don’t succeed. proceed, pass the motion to proceed, have a negative impact on our overall And here we have a tax which dates debate the bill, and then I hope pass economic growth. In 2001, as my colleagues well know, back decades and decades, an out-of- the bill—if not a permanent repeal, at Congress acted to eliminate the estate date tax which punishes people for least a substantial permanent reform tax by January 1, 2010. Unfortunately, doing what we want them to do. That that lowers this tax substantially, cre- this provision sunsets in 2011, just 1 is what is wrong with this tax. It is ates simplification, and says to our en- year after it is fully repealed. As it cur- economically wrong. It has bad im- trepreneurs, our small businesspeople, rently stands, in 2011 the Tax Code is pacts. The think tanks can study it and our investors, our farmers: We trust set to completely reverse all progress monetize all that and figure out all the you, and we believe in you. Go out and do what you want to do because we we have made to reduce the tax burden bad, negative impacts of this tax, but on our Nation’s entrepreneurs. So it is just wrong. It is wrong, when a think that is good for America. We still have the chance to do that. those who are not fortunate enough to person has spent their whole life trying I hope we will. die, can you imagine, in 2010 will be to build something up so they can I yield the floor. faced with the prospect of their loved leave something to their kids and their Mr. SHELBY. Mr. President. ones being responsible for as much as grandkids, for the Government to come The PRESIDING OFFICER (Mr. 55 percent of the estate’s assets. in and take it all, and that is what it THUNE). The Senator from Alabama. Whether it is a construction com- amounts to, especially when they have Mr. SHELBY. Mr. President, I rise pany, a cattle farm, a medical practice, paid taxes on it already. today to voice my strong and unwaver- or any of 100 other businesses, they all We have a weird tax system. We have ing support for a full repeal of the es- require significant capital investment a tax system that says to people: If you tate tax, or the death tax, as we often in land, equipment, and materials that spend everything you earn, if you are a refer to it. quickly overcome the threshold we will small businessperson and you take the Until World War I, the Government return to in 2011. These investments money out of the business and you con- only imposed an estate tax or inherit- are not part of the business; in most sume, if you go out and you draw the ance tax to raise revenue to fund ex- cases, they are the business. biggest salary you can draw, you don’t penses directly related to the neces- I am also concerned that, like other expand the business, you don’t build it sities of war. Even then, the rate was taxes I mentioned earlier, the estate up, you don’t try to help your employ- measured. However, that practice tax serves as a second bite at the apple. ees by creating more opportunity for changed after World War I, and unlike Our current tax system too often taxes them, you don’t try to do anything for four previous occasions, the tax was income and then asks for more. The es- your community by expanding the eco- not repealed once a peace agreement tate tax or death tax is one of the more nomic base of the community, if you was reached. In fact, the tax continued egregious examples of this situation. spend it all, the Tax Code favors that, to increase until it reached 70 percent I believe the Federal Government we think that is OK. But if you try to during Franklin Roosevelt’s adminis- should work to minimize the burden on do what my parents and the people of tration. the American taxpayer and to simplify my parents’ generation routinely did, What was once a means to finance our tax system. The estate tax is con- which is live up to your responsibilities war eventually became a significant trary to both of these purposes. It not

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.033 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5542 CONGRESSIONAL RECORD — SENATE June 7, 2006 only taxes assets a second time, it also parents and parents an incentive to force the family to have to sell to ac- is one of the more complicated taxes to leave their children with the fruits of commodate the tax as an estate tax comply with in our bloated Tax Code. their lifelong labors. It is time for the seems to me effectively a death tax, I believe repeal of the estate tax is Senate to wake up and realize the and that is not the way it ought to be. one of the many steps we as elected death tax, which raises only a very Here is an opportunity for us to do representatives of our respective small portion of our revenue, is ready something. I hope we can eliminate the States and people should take to spur for its own death. tax. If we can’t, we need to at least economic growth, remove the burden Poll after poll has shown us that this make a reasonable agreement as to on small business, and simplify our tax is what the American people want us to how it might be done in a way that al- system, and I urge my colleagues to do. Please, let us join the House of Rep- lows people to continue to pass their support immediate and full repeal of resentatives in repealing this businesses and their farms and their this tax. unneeded, burdensome tax. ranches on to their families, and to be I yield the floor. Distinguished colleagues, I urge you able to do it without being forced to The PRESIDING OFFICER. The Sen- to join me in supporting the repeal of dispose of the property before their ator from Kentucky. the death tax today. The time for talk family can continue to do it. Mr. BUNNING. Mr. President, I rise is over. Today is the time to take an Mr. President, I yield the floor. today in strong favor of abolishing one action that can really make a dif- Mr. ALLARD. Mr. President, I rise to of the most unjustified taxes we have ference. This is the only way we can offer my strong support for permanent in America today: the death tax. Amer- ensure that our fellow citizens experi- repeal of the death tax. icans should not have to talk to their ence the American dream, not the It is said that ‘‘a penny saved is a undertaker and their tax man on the American nightmare. I urge my col- penny earned.’’ Unfortunately, that is same day. Small businesses and family leagues to vote in favor of cloture. not the case for many Americans—es- farms should not be forced to close I yield the floor. pecially those who have family busi- down in order to pay the Government I make a point of order that a nesses and farms. Instead of being re- money because a loved one has passed quorum is not present. warded for their initiative and deter- away. Unfortunately, I see this hap- The PRESIDING OFFICER. The mination, entrepreneurs are penalized pening when I travel back to Kentucky clerk will call the roll. for taking advantage of all this coun- every week. We are not looking out for The bill clerk proceeded to call the try has to offer. our economy or our very own people roll. For much of the 21st century, the when we charge them for inheriting the Mr. THOMAS. Mr. President, I ask death tax has burdened this country’s American dream. unanimous consent the order for the hardest working citizens. It is finally The mom and pop diner on the corner quorum call be rescinded. time for Congress to permanently re- of our town squares and third-genera- The PRESIDING OFFICER. Without peal this unfair tax. That is why I am tion farms in our rural areas are being objection, it is so ordered. pleased to support the Death Tax Re- unduly burdened by a repressive Tax Mr. THOMAS. Mr. President, I want peal Permanency Act. Death should Code. In fact, many are forced to close to make a couple of comments with re- not be a taxable event. their doors or sell out, just so they can spect to the bill before us now. I just Fortunately, the Economic Growth afford what the Government says they came from meeting with Wyoming and Tax Relief Reconciliation Act of owe. youngsters who were here with the Na- 2001 increased the amount that tax- America’s prosperity was created by tional Guard, helping young people fin- payers can exempt from estate and gift our entrepreneurial spirit, but today it ishing up with their GEDs, and so on. taxes and slowly reduced the rate over is estimated that 70 percent of all busi- It was very impressive, very impressive the period 2002 through 2009. This act nesses never make it past the first gen- to have young people moving forward will fully repeal the death tax for 1 eration, while 87 percent do not make and being able, hopefully, to be suc- year in 2010. it to the third generation, and only 1 cessful. That has a little to do with However, if Congress does not act to percent make it to the fourth genera- what we are talking about here today. make this repeal permanent, then the tion. Why? One of the big reasons is the The fact is, the question of how we death tax will return to its pre-2001 lev- burden of the death tax. treat people who have been successful, els. Failure to permanently repeal this We call this tax the death tax not in terms of their business, in terms of tax results in estate-planning uncer- only because of the time that it strikes their operations, is something we are tainty for family-owned businesses and often unsuspecting families but also talking about here. We have had, of farms that are not sure whether or not because it kills American businesses course, a number of discussions on the to anticipate the return of the tax in and jobs. The ridiculous complexities matter of estate taxes. It seems like we 2011. Furthermore, failure to perma- of the death tax actually favor individ- have been back and forth on it for a nently repeal this tax would reinstate uals whose tax lawyers and account- very long time. The problem is still an unfair regime that taxes people ants plan for years to shield money there. I think this is a great oppor- twice—once on their income and again from estate taxation. The real people tunity for us to do something signifi- at their death. who are affected by the estate tax are cant about that. One of the tenets of a fair tax system often small businesses and farms, when I have to tell you, in a State such as is that income is taxed only once. In- death catches them unprepared. Wyoming where a lot of people are in come should be taxed when it is first The estate tax is equal to an unfair small businesses and ranches and earned or realized, it should not be re- double tax on savings and investment. farms, this is a particularly important peatedly re-taxed by Government. The In short, it is a tax on the American one. A family works all their lives— death tax violates this tenet. At the dream, the dream that if you work several families. They put together an time of a person’s death, much of their hard and save money you can leave operation—not wealthy families, but savings, business assets, or farm assets your children with the opportunity to the value of the property is such that have already been subjected to Federal, live a happier and more prosperous life when the time comes that the older State, and local tax. These same assets than you yourself did. members of the family pass away, they are then unfairly taxed again under the Estate taxes give taxpayers an incen- have to sell the property in order to death tax. tive to save less and spend more. We all pay the tax. It takes it away from the One of the most disturbing aspects of know that is not what we need in to- continuation in that family and the the tax is that it can destroy a family day’s economy. The Commerce Depart- business. business, or force the sale of a family ment reported recently that Ameri- I know that is not a brand new idea. ranch or farm. Despite what the oppo- cans’ personal savings fell into nega- I think it is the important aspect here, nents may claim, this can and does tive territory at minus 1⁄2 percent last that people have paid taxes all through happen. To prove this point, I would year. We ought to be doing all we can their processes—whenever there is a like to share the story of some of my to encourage savings, not to penalize profit, there is a tax; whenever there is constituents. The Laurence family was people for it. We should give grand- a sale, there would be a tax. But to forced to sell their 1,810 acres of ranch

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.034 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5543 land just north of Carbondale, CO. The than one-half of 1 percent of all estates was sold to pay estate taxes. ‘‘It’s a daughter of the late Rufus Merrill Lau- will be subject to the tax. Far from myth,’’ says Professor Harl, who has rence explained that the death tax being a ‘‘death tax,’’ the tax falls on only found heirs who wanted to sell the forced the sale of the family’s ranch, heirs who seldom had any real role in family farm. land Mr. Merrill had hoped to keep in earning the wealth built up by the es- Even the American Farm Bureau the family for generations to come. tate holder. Federation, one of the leading advo- No American family should lose its The estate tax is simple: when a very cates of estate tax repeal, can not pro- business or ranch because of the death wealthy person dies, the decedent’s es- vide a single example of a farm lost due tax. The problem is that the death tax tate pays a portion of the total assets to estate taxes. fails to distinguish between cash and to the Federal Government and the re- The reality is that only a small frac- non-liquid assets, and since family mainder is then passed on to heirs. tion of taxable estates consists pri- businesses are often asset-rich and cash Capital gains that have built up in the marily of family-owned farm or small poor, they can be forced to sell assets estate tax free are passed on to the business assets. The Tax Policy Center in order to pay the tax. This practice heirs on a ‘‘stepped up’’ basis, and the estimates that in 2004, only 440 taxable can destroy the business outright, or heirs are not liable for any income tax estates—2 percent of all taxable es- leave it so strapped for capital that on these gains. No tax is levied if the tate—were primarily made up of farm long-term survival is jeopardized. estate passes to a spouse or is donated or business assets. And the Congres- Similarly, more and more large to charity. The overwhelming majority sional Budget Office found that the ranches and farms are facing the pros- of estates pay no Federal estate tax. vast majority of family farms and pect of break-up and sale to developers This tax raises significant revenue, it small business estates would have suf- in order to pay the estate tax. is highly progressive, and it provides ficient liquid assets—such as bank ac- The death tax also discourages sav- an important backstop to the income counts, stocks, bonds, and insurance— ings and investment. Former Federal tax. to pay the tax without having to sell Reserve Board Chairman Alan Green- Today, only estates worth more than any farm or business assets. CBO also span repeatedly warned about the dan- $2 million are subject to the estate tax found that with a $3.5 million exemp- gers of a low national savings rate, and and an individual will be able to pass tion—$7 million per couple—only 13 or current Fed Chairman Ben Bernanke along up to $3.5 million tax-free by fewer farms would encounter any li- has continued to raise the same con- 2009. A couple can pass along twice quidity constraints. cerns. Yet the death tax sends the mes- that amount. And let’s not forget that Moreover, there are already special sage that it is better to consume today estate planning often shields even provisions in place to ease tax burdens than invest and make more money in greater sums of wealth from taxation. for family-owned small businesses and the future. The House Committee on Govern- farms, such as allowing additional The death tax also undermines job ment Reform estimates that the heirs sums to be bequeathed tax free and per- creation. The Heritage Foundation es- of Lee Raymond, former ExxonMobile mitting estate taxes to be paid in in- timates that the death tax alone is re- CEO, and the current CEOs of the five stallments over 14 years at favorable sponsible for the loss of between 170,000 largest U.S. oil companies would re- interest rates. and 250,000 potential jobs each year. ceive a windfall of up to $211 million if So if saving family farms and small These jobs are never added to the U.S. the estate tax were permanently re- businesses is not the real root of the economy because the investments that pealed. The committee has also cal- repeal effort, you would think that would have resulted in higher employ- culated that estate tax repeal could there would be some sound economic ment are simply not made. save the heirs of President Bush, Vice rationale. However, claims by pro- The death tax also holds back overall President CHENEY and 11 Cabinet mem- ponents that eliminating the estate tax economic growth. The Joint Economic bers as much as $344 million. would encourage saving and invest- Committee found that the tax reduces It would be hard to call this a middle ment, reward entrepreneurship, and the stock of capital in the economy by class tax cut without pretending a contribute to economic growth turn $497 billion, or 3.2 percent. Permanent great deal. out to be myths as well. repeal of the death tax would allow in- Indeed, the Congressional Research Repeal advocates argue that capital dividuals to save more money, spur job Service reports that in 2004 when the assets have already been taxed during creation, and allow business resources exemption was $1.5 million, 99 percent the taxpayer’s lifetime, so a tax at to be put toward productive economic of estates paid no estate taxes whatso- death is gratuitous. But the reality is activities. ever. It bears repeating that less than that a large share of capital assets has America is a nation of tremendous one-half of 1 percent of estates will pay never been taxed. Under current law, economic opportunity—opportunity for any tax at all as the estate tax exemp- we have a provision called the ‘‘step- ownership that is available to all who tion climbs to $3.5 million by 2009. up’’ in basis that allows capital gains go in search of it. Success is deter- Despite the concerns expressed by from the appreciation of assets—such mined principally through hard work some farm and small business groups, as a house or stocks—during the dece- and individual initiative. Our tax pol- the vast majority of taxable estates are dent’s lifetime to escape taxation icy should focus on encouraging great- those of multimillionaires and billion- through 2009. In 2010, the lone year in er initiative rather than on attempts aires who made their fortunes through which full repeal is currently slated to to limit inherited wealth. The death their business and investments in secu- be in effect, we switch to a ‘‘carry-over tax is a relic, and should be treated as rities and real estate or were born into basis’’ in which heirs of large estates such. It constitutes double taxation, extremely wealthy families. would inherit the potential capital damages family businesses, and harms After the President’s tax cuts passed gains liability that is realized only the overall economy. It is time for the in 2001, he took a victory lap through when the asset is sold. death tax to go—and this time, for Iowa where the New York Times In effect, today under the pretax law, good. quoted the President as saying: the heirs receive the estate but on a I yield the floor. I heard somebody say, ‘‘Well, you know, stepped-up basis—the current value of The PRESIDING OFFICER. The Sen- the death tax doesn’t cause people to sell the home. So for the home the father ator from Rhode Island. their farms.’’ purchased for $30,000 and is now worth Mr. REED. Mr. President, I rise He added: $1 million, they receive the estate today to express my deep concern I don’t know who they’re talking to in based on the value of a million dollars. about efforts by the President and Iowa. No taxes were ever paid on that appre- some in Congress to repeal or all but Perhaps it was Neil Harl, an Iowa ciation other than the estate tax. eliminate the estate tax. State, University economist whose tax The Small Business Council of Amer- The estate tax is an important com- advice has made him a household name ica opposes the full repeal of the estate ponent of our progressive Federal tax among farmers throughout the Mid- tax because they estimate that a great system, it is the Federal Government’s west. He has searched far and wide but number of small business owners will only tax on wealth, and by 2009 less has never found a case in which a farm be worse off due to the loss of step-up

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.013 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5544 CONGRESSIONAL RECORD — SENATE June 7, 2006 in basis and only an extraordinary few ‘‘I was always told that the American their lives and some who give their will be better off. Four years from now, Dream is about getting a bigger and lives. They truly pay the death tax. the Halls of Congress will be filled with better life than your parents have. But They will never be touched by this es- heirs who won’t want to pay taxes that that dream was accomplished by my tate tax. they have inherited with repeal of the great-grandfather. ‘‘ The average base pay of a specialist estate tax. In their book about the history and in the U.S. Army is $24,000. He won’t be But any economic rationale for re- politics of the estate tax, Death by a worried nor will his family be worried peal falls apart when you learn that it Thousand Cuts, Yale professors Mi- about the estate tax. Firefighters make will reduce national saving and hurt chael J. Graetz and Ian Shapiro provide about $40,000; police officers, $47,000 on economic growth. According to the an eye-opening account of how a few average in this country. Yet, sadly, too Joint Committee on Taxation, making very wealthy individuals and families many of them each year for their coun- estate tax repeal permanent would cost have been working long and hard be- try pay the ultimate death tax. It is an additional $369 billion over 10 years. hind the scenes on repeal efforts. In the more debilitating than any check one This estimate, however, dramatically meantime, some of the wealthiest sends to the IRS. understates the true cost of repeal. The Americans—including Warren Buffett, What do they need? What do their full cost of repeal would not be felt William Gates, Sr., George Soros, and families need? They certainly need a until the second decade, beyond the Ted Turner—have warned about the strong, robust economy that will sup- time period of the budget estimates. In corrosive effect of eliminating the es- port their families in the future. that decade, the cost of repeal could tate tax. For those young Americans who are reach nearly $800 billion, plus debt When Teddy Roosevelt endorsed the wounded in action—and right now in service costs that would bring the total idea of an inheritance tax, he said that Iraq, 17,869—they need a strong Vet- to nearly $1 trillion. its ‘‘primary objectives should be to erans Administration to support them A compromise plan currently circu- put a constantly increasing burden on years from now just when this repeal of lating in the Senate would perma- the inheritance of those swollen for- the estate tax burden would take its nently raise the exemption to $5 mil- tunes, which it is certainly of no ben- toll and take more and more money lion and cut the top estate tax rate to efit to this country to perpetuate.’’ In- away from the Federal revenue. 15 percent, which would cost nearly as deed, our Founding Fathers abandoned They are the ones who really pay the much as full repeal, and it is not much an economic aristocracy—where large cost. If we pass this measure, we won’t of a bargain. fortunes were handed down generation be able to help them when they need Rising federal budget deficits make after generation, concentrating wealth the help. We won’t be able to support the cost of repeal or ‘‘repeal-lite’’ even and power—to create a meritocracy the Veterans’ Administration system. more unpalatable. The drain on the based on the ideal of equal opportunity We won’t be able to provide the kind of budget would occur at the very time for all. Underlying the estate tax is the support for education, for opportuni- that the baby boom generation enters notion that because our government ties for higher education that will be so retirement and rising Social Security provides a stable environment for necessary for their children. and Medicare costs would strain our wealth to be created and flourish—our This repeal vote misses the point. budget. financial markets, legal system, regu- The death tax was a slogan thought up The President’s tax cuts were passed latory system, and strong national de- by Republican operatives to sell an at a time of huge projected surpluses in fense—society is owed a modest return idea that does not have a compelling the Federal budget. The surpluses have on those investments. economic rationale. But there is a real been squandered by this administration Television ads last year depicted a death tax, and sadly, Americans in uni- and with deficits as far as the eye can World War II veteran supporting the form must pay it for this country every see, it is simply irresponsible for the repeal of the estate tax, the underlying day. They will receive no benefit from President and Republicans in Congress message being that the tax is somehow this repeal. Indeed, our ability to help to press for full repeal of this tax. unpatriotic. Ironically, the estate tax them and their families will be limited By financing repeal with debt, we was first adopted in the nineteenth in the years ahead. would be replacing the so-called ‘‘death century to pay for government short- I don’t think this is just bad policy, tax’’ for a few very wealthy heirs with falls due to wartime spending. it is unconscionable. a ‘‘birth tax’’ for all, an action that Today, we are at war and yet there is I yield the floor. seems neither wise nor fair. The cost of no sense of the shared sacrifice that Mrs. LINCOLN. I suggest the absence estate tax repeal will be paid for with has united this country in past con- of a quorum. borrowed money. Future generations of flicts. Our military families are mak- The PRESIDING OFFICER. The taxpayers—who will make signifi- ing tremendous sacrifices, and too clerk will call the roll. cantly less than the deceased multi- many of them have made the ultimate The bill clerk proceeded to call the millionaires and billionaires whose es- sacrifice in service to our country. roll. tates would no longer owe taxes—will With $320 billion appropriated or pend- Mrs. LINCOLN. Mr. President, I ask have to repay those funds. Estate tax ing for Iraq operations to date and unanimous consent that the order for repeal would raise the per-person debt nearly 2,500 service men and women the quorum call be rescinded. burden by about $3,000 in just the first killed, the human and financial tolls The PRESIDING OFFICER. Without 10 years after the tax disappears. are both more staggering than imag- objection, it is so ordered. In 2005, the CEO of ExxonMobile ined. Mrs. LINCOLN. Mr. President, I come earned $9.1 million. Contrast that with With mounting war costs, the im- to the Senate today to discuss the the fact that the typical firefighter, po- pending retirement of the baby boom issue of estate tax with a little bit of a lice officer, or soldier today makes less generation and deficits as far as the different perspective from some of my than $50,000 a year and the inequity of eye can see, it is unconscionable to Democratic colleagues who have spo- this repeal is inescapable. think that we are going to vote on re- ken so very passionately on this issue Clearly, estate tax repeal will pre- pealing one of the most progressive already today. dominately benefit the heirs of a hand- taxes on the books. I respect many of their approaches ful of very wealthy estates. According There has been a lot of discussion and concerns, but I come to this issue to the Forbes 2005 ‘‘World’s Richest’’ about the death tax. It is not the death from a little bit of a different perspec- list, three members of the Mars family tax. It is the estate tax. But there is a tive. That perspective is because I be- have $10.4 billion each and four mem- death tax that is paid by Americans to lieve the estate tax in its current form bers of the Walton family have nearly sustain and support this country—and is unfair. $20 billion each. These heirs still rank it is terribly unfair because it falls on Outright repeal of the estate tax for among the world’s wealthiest people a few. In Iraq, it has fallen upon 2,480 of family-owned businesses and farms has even after taxes. our soldiers. In Afghanistan, it has fall- been a goal of mine since I entered Jamie Johnson, heir to the Johnson en upon 299. It also falls upon the po- Congress 14 years ago. I have grown up and Johnson fortune, put it this way, lice and fire officers who each day risk on a seventh generation Arkansas

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.018 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5545 farm. I have watched as small commu- We are putting them at a disadvantage have the perfect solution. But we also nities and family-owned businesses with their publicly traded competitors. know if we do not seize the opportunity have dwindled from their inability to What kind of risk do major publicly to provide them the certainty they maintain their competitiveness in the traded corporations have to mitigate need to continue their businesses, to ever-growing global community, but against with the death of a CEO? None. take the money they are now spending also with the unbelievable challenges But a family-owned business has to on estate planning and reinvest those they face of the cost of health care, the spend tremendous amounts of re- dollars into the job creation and the cost of doing business, real estate sources in mitigating against that risk. expansion of their businesses, we will costs, and others. I, for one, intend to fight for these have missed a great opportunity. I have seen too many small business family businesses, fight for these com- We have the opportunity to come to- owners and farmers in my home State munities, and fight for these jobs in gether, to provide some certainty for restrict the growth of their enterprises rural America. Unfortunately, as this these family businesses through the es- in order to avoid facing the impossible businessman from my State was quick tate tax reform by raising the estate choice of leaving their families with an to point out to me, we in Washington tax exemption, reducing that tax rate up to 55 percent Federal tax burden or have left far too many of these family to a reasonable level. Let’s not let that the other option of selling off portions businesses in a quagmire as a result of opportunity slip away. of their assets when they die in order the erratic estate tax policy we set in I encourage my colleagues, come to to pay that tax. 2001. Under the Economic Growth and the table. Look at what we have to However, because of our current Tax Relief Reconciliation Act of 2001, work with. We have enthusiastic Amer- budgetary constraints, I do recognize the estate tax will be phased out in 2010 ican family jobs and businesses that outright repeal is not feasible. Not at only to come back in full force in 2011 want desperately to be a part of mak- this time. With that said, it is more at a 55-percent rate. ing this country strong. We have an op- important than ever that we do what For the family-owned business and portunity to offer them some solutions, we can now to provide some certainty farms which comprise more than 80 some certainty, in order to be able to and relief for those who are so dras- percent of all business enterprises in do just that, to give back to this great tically impacted by this tax. America, and which spend tens of thou- country that has given them the oppor- Last week, I received a phone call sands of dollars each year in planning tunity to create and build a family and from a constituent who owns a family for this tax, the status quo is unaccept- a family business they are enormously trucking and farming equipment busi- able. It is not acceptable because many proud of. ness. The business was started by the of our mom-and-pop shops are having Let us not let this opportunity slip family in 1927. Over the years and to lock a significant portion of their away. I encourage my colleagues to through much hard work they have capital resources into estate planning please take seriously this issue—not grown from a small dealership into a that may or may not be needed down politically, but seriously, the issue of thriving family business that now em- the road. For small businesses with the relief that we can provide by coming together on a compromise. ploys more than 450 Arkansans. very limited liquidity, the uncertainty I yield the floor. I hope many of us will continue to is paralyzing at a time when we should The PRESIDING OFFICER. The Sen- focus on the issue that small busi- be giving them every opportunity to ator from New Jersey. nesses are the No. 1 employer in this expand. Mr. MENENDEZ. Mr. President, country and are the least likely to send At the expense of our family busi- today we have another clear chance to their jobs overseas. They are the foun- nesses, this issue has been used by see the priorities of the other side of dation, in many instances, of our com- some as a political football for far too the aisle. While my Republican col- munities. Whether it is the sponsor of long. It should end now. It can end leagues claim to have a plan to address our Little League teams or the group now. Since current policy was set in gas prices, college tuition, and middle- that is sponsoring the Cub Scout 2001, we have revisited this issue in the class tax breaks, today the American campout, we know they are the heart Senate on multiple occasions. However, people can see what the true agenda is: of our communities in rural America. each time we have had the opportunity another gift to the wealthiest Ameri- Seeing this business grow, we all are to act, we have failed to reach a rea- cans who need it the least. thrilled to hear these stories. I am par- sonable solution, a compromise, which Tomorrow, we will vote on whether ticularly thrilled to hear stories of is what most people in this country we should consider permanently re- families, families who have invested want Congress to do, to come together pealing a tax that only affects those their capital, their hard work, ideas, to bring results for the problems they who inherit estates larger than $4 mil- and their lives in their trade, and are experience, not an end-all-be-all solu- lion. We will be voting on whether re- ultimately successful in realizing that tion but a compromise that gets them pealing this tax should be a top pri- American dream we all talk about. some results. ority for the United States Senate. And This same story is repeated all over In this Congress, interested parties we will be voting on whether repealing our great State of Arkansas, whether it on both sides of the aisle have been at a tax for those with multi-million dol- be the jewelry store owner in Fayette- the negotiating table since early last lar estates is a good way to spend the ville, the meatpacker in Morrilton, the summer. We have the information we American people’s tax dollars—$1 tril- car dealer in Springdale, or the timber need to form a compromise solution. lion of those tax dollars, to be exact. farmer in Monroe County. We have that opportunity now. It is my In my State of more than 8 million, Indeed, these stories can be heard understanding from leaders on the only 1,100 New Jerseyans paid any es- across our entire Nation. Family busi- other side of the aisle that should a tate tax in 2004. Of those New nesses are the engines of our small true compromise be forged on this Jerseyans who inherited an estate, a communities. It is the family-owned issue prior to tomorrow’s vote, a vote small 1.5 percent paid any estate tax businesses that provide the jobs, the on that compromise would be allowed. when the exemption was $2 million. wages, and the health care, in most in- Let me emphasize again, the time for Today, that exemption has doubled, stances, for our constituents. It is the a solution is now. Our economy is and in three years, it will have more family-owned business that sponsors yearning for the investment of these than tripled, so even fewer New our Little League teams or pays our small businesses, these family-owned Jerseyans will be affected. I strongly local State and Federal taxes. They are businesses, that can help regenerate support giving estate tax relief to fam- an intricate part of the community. what we need in our economy, the jobs ily farmers, small business owners and They live in our rural communities. in our community that we need them others who need it, but that’s not what They care about what happens to them. to expand on. The time for the solution this bill does. This bill showers a tril- Yet because of the estate tax, we are is now, not later. lion dollars in benefits on the top half forcing them to spend valuable assets We have told these family businesses percent of Americans at a time of on estate planning and life insurance now is not the time far too many times record debt and deficits. rather than creating more jobs by in- already. I am so very hopeful this time By contrast, however, more than vesting and expanding their businesses. we will do better. We know we do not 120,000 New Jerseyans have benefited

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.051 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5546 CONGRESSIONAL RECORD — SENATE June 7, 2006 from a tax deduction for college tui- decades. I hope my colleagues will vote that has already been taxed once or tion that Republicans have let expire. in favor of giving the death penalty to twice before, they pay a sales tax. And We had the chance to extend this de- the death tax. It is an unfair tax. as a practical matter, the Government duction in the most recent tax bill, but I like listening to all the different taxes people to death. Then, after they somehow, the tuition deduction just commentaries. The preceding speaker do die, what happens? You have, in ef- didn’t make the list of priorities in a from New Jersey was acting as if it is fect, the IRS, like a bunch of buzzards, $70 billion bill of tax cuts. the Government’s money, that this is hovering around at the funeral trying We cannot honestly pretend that re- the taxpayers’ money somehow going to get another chunk out of what is pealing this tax is a priority for the to those who have estates. It is individ- left from that person who is deceased. American people; 99.5 percent of Amer- uals, human beings. Americans are the I like to paraphrase Virginia’s first icans aren’t affected by this tax. And 3 ones who are the owners of their prop- Governor, Patrick Henry: There should years from now, under current law, erty, not the Government. My view, as be no taxation without respiration in even fewer will be subject to it. Con- a matter of principle, is that death the United States of America. We do gress has already acted on the estate should not be a taxable event. The sale need to get rid of this death tax. tax, increasing the exemption level of an asset ought to be the taxable Part of the American dream is to be from $1.3 million to $4 million, so that event. able to pass on what you have worked only a quarter of the estates taxed in This is an important tax policy that for or the business you have started. 2000 pay a tax today. Under current affects family businesses, small farms, You may have inherited it from some- law, those who inherit a $7 million es- people all over this country who would one else or bought it, but you built it tate in 2009 will pay no tax. like to pass on their American Dream, up and would like to pass it on. A ma- And yet, the American people are what they worked on and worked for jority of Americans agree. About 70 being told that this is about saving and accrued through their lives, to percent of Americans, according to sur- them from more taxation. Small busi- their children. veys, support it, even if they would not nesses are being told that the estate I was listening to the Senator from be subjected to this tax, because they tax could be the death of their busi- Arkansas who said she wanted a solu- recognize how unfair it is to be taxing ness. The average American is now in tion, fairness, and certainty. There is death. This is a matter of fairness that fear that they, too, might have to pay going to be a chance to have that fair- the American people understand. a burdensome tax when a parent dies. ness, that certainty and solution. To- The second reason to eliminate the But the American people should see morrow we will vote on this measure, death tax is that it has a harmful ef- these for what they are: scare tactics. and we can repeal the death tax. That fect on our economy. In many cases, Instead, the American people should will bring a solution. It will bring fair- the assets that are subjected to the be up in arms that this is the issue ness, and it will bring certainty. death tax have already been taxed once their Senators think is a high priority. In 2001, I proudly supported efforts to or twice or three or four times before. They should be furious that instead of reduce taxes on families, individuals, That means the death tax is the fourth dealing with any of the issues they are and small businesses, and also to phase or fifth tax. It drains our economy. It concerned about, instead of addressing out over a period of time the death tax. provides little incentive to keep a farm energy prices, instead of providing a We reduced the death tax in the and provides little incentive for a busi- tuition deduction to help families with strange way that they do things in ness to expand or to improve because the cost of college, we are talking Washington. The death tax was at 55 its value would go up. about repealing taxes for the super percent. It gets reduced over a period We have done a lot of things in the wealthy. of years, until the year 2010, to zero. In last few years that are beneficial for So let’s not be swayed by a few sto- 2006, it is one amount; in 2008, it is an- small business: For example, the ries or scare tactics. other. By 2010, it is down to zero. But $100,000 expensing for capital equip- Instead, let’s look at the facts. The then in the year 2011, it goes back up to ment as opposed to $25,000. That new fact is that under the current exemp- 55 percent and a $600,000-something ex- equipment will make that company or tion, only 135 small businesses Nation- emption. One would think in looking at that enterprise more productive, more wide have to pay any estate tax. The this tax policy that the folks in Wash- efficient, and undoubtedly more profit- fact is that while full repeal would help ington are incentivizing the American able. But if you keep doing that year those with multimillion dollar es- people to die in the year 2010. If they after year and improving it, you will tates—such as Vice President CHENEY, die that year, there is no death tax. If improve the value of your business, who would save up to $60 million from they survive, then they will be sub- making it subject to the death tax repeal or former Exxon Mobil Chair- jected to a 55-percent tax. This is a which is obviously counterproductive. man Lee Raymond, who would save strange and odd policy. It hurts hard- Another way this unfair tax hits peo- $164 million—full repeal would actually working taxpayers who wish to leave ple in the Commonwealth of Virginia is hurt most small businesses, according their life’s work to their loved ones. to look at the outer suburbs, Prince to the Small Business Council of Amer- It has harmed entrepreneurs and William County, Loudon County, the ica. innovators who want to rely on a pre- Piedmont of Virginia, the Shenandoah And the fact is, while this may save dictable, consistent tax system so that Valley. Someone may have farmland or a few millions for a handful of multi- they can invest and create jobs and ex- forestry property in the hills and millionaires, the American people will pand opportunity and spur economic mountains. That property, when some- be paying off the cost of repealing this growth. This absurd, complicated tax one dies, is not taxed at what the value tax for years to come. policy does not allow people to plan would be for running cattle on it or Let’s see this for what it is. This is a with a simple, stable, and certain tax growing trees. It is taxed by the Fed- tax that does not affect 99.5 percent of law. eral Government at its highest and Americans. This is not a tax crisis, and We have an opportunity to give the best use. The highest and best use of it is not a family business crisis. Re- death penalty to the death tax once most of this property is not running pealing it is irresponsible. Greater debt and for all. This is the right thing to do cattle or growing soybeans or timber. upon the next generation of Americans for a number of reasons. First and fore- It is going to be taxed at what the for the benefit of a wealthy few is mor- most is the issue of fairness. Talking value would be if it were subdivided ally wrong. about whose money is this, if an Amer- into a development or if it were along I yield the floor. ican man or woman earns money, they a highway commercially. So what hap- The PRESIDING OFFICER (Mr. get hit with an income tax. If they in- pens so often is urban sprawl or subur- COLEMAN). The Senator from Virginia. vest it, they get hit with taxes on any ban sprawl in the Piedmont, the Shen- Mr. ALLEN. Mr. President, I rise to interest. If they sell an asset that they andoah Valley, the Richmond area, and strongly endorse H.R. 8, the Death Tax have invested in, that ends up getting elsewhere in Virginia and in the coun- Repeal Permanency Act of 2005 and hit with a capital gains tax. Dividends try because that forestry property will urge my colleagues to vote for it. This are taxed. Interest is taxed. If they buy give you just the return when you har- has been brought up year after year for something with that earned money vest the timber. But to pay those

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.020 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5547 taxes, you will have to get a loan. You There are a lot of numbers being put an untimely death in the family. That are not going to get enough income off up by both sides in this debate. After is what might happen to this business of that property to be able to pay those spending a little time in Washington, it and these two other South Dakota sto- taxes. So what happens is that that for- becomes clear that just about everyone ries that I will share with you. The ef- estry property or that family farm gets can find a statistic to support their fect of the death tax is very real on subdivided to pay the Federal Govern- particular point of view. I brought with these family-owned operations, family- ment death taxes. And whatever re- me some real South Dakota stories owned businesses. mains of that farm, if any, after it is that can help us understand who the In central South Dakota sits a 3,000- subdivided, is a less efficient farming death tax can hit and how it can hurt acre family farm. I will describe it as a or agricultural or forestry operation. or even shut down a family farm or medium-sized farming operation in This does harm people in a variety of business. South Dakota—not too big, not too ways, not just fairness, not just imped- Perhaps the most well-known exam- small. Unfortunately, a death occurred ing and countering incentives for imple of a family-owned and operated in the family. As a result, $750,000 will proving a business. It also means for business in my State of South Dakota likely be paid in taxes. This is a huge Virginia ending up with more suburban is Wall Drug. I had hoped to have a amount of money for a farm operation sprawl. Talk to developers when they poster to show it because people across in my State, where land values can develop a subdivision. It is usually and this country, anybody who has traveled make an operation look a lot more val- so often from an estate sale where that down interstate 90 in South Dakota has uable on paper than they are in reality. family cannot keep the family farm seen signs for Wall Drug. Although it In other words, farmers like this can going, and it changes the nature of currently draws thousands of people often be described as ‘‘land rich’’ and many communities. every day, Ted and Dorothy Hustead ‘‘cash poor.’’ All their value is in their I have listened to all the arguments: never imagined the success of their land. When a massive death tax bill Gosh, why can’t we do this, and why family-owned and operated business. comes due, the only option is often to can’t we do that. We can do a lot to- Wall Drug wasn’t always the tourist at- sell the land to pay this unjust tax. morrow. We can act. It is something traction it is today. that has been promised year after year. Thus, a family legacy comes to an end. In fact in 1931, Ted and Dorothy There is another operation in my Some people may not think it is en- Hustead and their son Bill moved to tirely how they would like it, but why State of South Dakota, with 10,000 the prairie town of Wall, SD. Ted was a acres in the north central part of the not do something positive, construc- pharmacist and started his own drug- tive and useful and follow the will of State. Like so many farms and ranches store with $3,000 left behind for him by in South Dakota, the parents who have the majority of the Senators. Those of his father. After a 5-year trial, the us advocating this are not in the mi- run the place for decades are now ad- Husteads were ready to give up their vancing in years. In this particular nority. We are in the majority. There family-owned business until Dorothy’s is a supermajority needed to keep pro- family, the mother passed away and extraordinary advertising idea. the father is getting on in age. Their ceeding, but stop the obstruction. Let’s The Husteads began advertising free follow the will of the majority of the kids would like to continue in the busi- ice water on the billboards to draw peo- ness, but the tax on the farm would American people, the will of a majority ple in who were traveling across the of the Senate, and for tax fairness, for likely be $1.5 million. That might hot, vast prairie of South Dakota. make it impossible for the kids to stay tax simplification, for certainty and The story is told that before they on and keep that family farm alive. I stability of tax policy, let’s kill the could get back to the store, after put- find it very disturbing that our Federal death tax once and for all and provide ting the signs up on what used to be Tax Code could influence a family’s new life to the American economy and highway 16 in South Dakota, there ability to keep their farm from being the American Dream. were already customers streaming into I yield the floor. broken up and sold off. the store to get some of this free ice The PRESIDING OFFICER. The Sen- These are examples of real family water. The first sign sprung up on high- ator from South Dakota. farms that are facing the effects of the way 16 and it turned out to be the key Mr. THUNE. Mr. President, I echo death tax. This is just not an exercise to their success. Today, Wall Drug’s what my colleague from Virginia has in the theoretical. Real farms, ranches, advertisements are still along the high- said and rise in support of repealing and real small businesses are watching ways of South Dakota, still advertising the unfair death tax. how the Senate is going to act on this free ice water, along with other more It is fair to say that death should not important issue. Our action, or inac- modern draws. Their signs can also be be a taxable event. There is decisive tion, this week will affect real busi- seen all over the world, often with the majority support in the Senate for re- nesses in each of our States. pealing the death tax. And if you look mileage dutifully added. My office is Mr. President, in my State and other at what happened in the House of Rep- 1,565 miles from Wall Drug. rural States, we are seeing the next resentatives, 272 votes in favor of re- This didn’t happen overnight. In 1951, generation leave for school and, too pealing the death tax, a bipartisan vote Ted and Dorothy’s son, Bill Hustead, often, not coming back. We need to put in the House, and a big, bipartisan sup- joined the business, working to create in place incentives for our young peo- port vote in the Senate. What is hap- the family attraction that Wall Drug is ple to keep rural America alive and pening is it gets filibustered. It takes today. The second-generation Husteads strong. The death tax is an incentive 60 votes to end the filibuster. I hope my expanded the business and increased colleagues will join with the rest of us, advertising spending. for exactly the opposite effect. It can those who have chosen to try to block In 1981, Bill’s oldest son Rick became help push young people away from car- this from consideration, and vote with the first member of the third genera- rying on the family business in rural us to at least allow us to proceed to tion to join the business. Later joined places. I hope the Senate will do the consideration, to proceed to a vote, to by brother Ted, the third-generation right thing and bring a permanent end allow the will of the Senate and what I owners continue to run the family to the unfair death tax. believe is the will of the majority of business based upon the same western I will offer one final thought on an the people in the country to be worked. hospitality once embodied by their argument we are hearing from the It is an unfair tax because the Donald grandparents. Holding its reputation other side of the aisle. I have heard it Trumps and Paris Hiltons of the world, high, Wall Drug represents America’s said that repealing the death tax will which are the examples most often strong entrepreneurial spirit, built on add up to $1 trillion to the deficit. We used by our colleagues on the other innovation and perseverance and heard a similar argument made when it side, are not going to pay it. They have passed down through three generations came to reducing the tax rate on cap- a team of lawyers and accountants who of the Hustead family. ital gains. The other side was wrong are going to make sure that they pay Why do I use this illustration to tell then, and they will be wrong again this little or no death tax. It is family- the Wall Drug story? Because it would time. owned farms and small businesses that be a shame to see family operations The analysts who have churned out will end up paying the tax. such as Wall Drug be sold off because of figures in the trillion-dollar range are

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.053 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5548 CONGRESSIONAL RECORD — SENATE June 7, 2006 not taking into consideration the na- Mr. GRASSLEY. Mr. President, I Midwest are not worth much. They ture of the death tax and its larger im- speak in favor of doing away with the take great joy in calling up my con- pact on the economy. With the death death tax. To follow a principle of tax- stituents—probably very randomly— tax permanently killed, family busi- ation and not just for the sole purpose and maybe stopping by once or twice ness owners would then reroute tens of of doing away with the tax, but fol- for a so-called investigation about the thousands of dollars from lawyers and lowing on what the Senator from haves and the have-nots of our State. accountants hired to avoid being hit by South Dakota said, an obvious one is They do it trying to find out the grass- the death tax back into their business. that death should not be an incident of roots feeling about this great tax de- There this capital would be used to taxation—not because it is death, but bate. hire another employee or add value to because when you collect taxes in an I may not get to write on the front their operation. instance like that, it is like a fire sale. page of a fancy urban newspaper, but I In fact, repealing the death tax would When you force a sale at a particular do get to talk to a lot of my constitu- remove the asterisk on the American time to pay taxes, the value is going to ents because I visit every county every promise of passing your hard-earned be less than if the marketplace works. year to find out what is important to business or nest egg to your children or So by letting the asset pass from one my constituents through my town grandchildren. The death tax in its cur- generation to the other and letting the meetings. I will give you, from those rent form has a chilling effect on the succeeding generation sell it according meetings, a couple of examples, as my creation of new family businesses that to the willing buyer/willing seller, colleague from South Dakota did for would be created if assets could be more money is going to come in. That his State, of why I think this debate is passed down to the next generation. is a principle that has been laid out by so important and this bill is so impor- How many next generation bene- the Senator from South Dakota. tant and this cloture vote should pass. ficiaries would have invested in a new Another principle that hasn’t been Unfortunately, we have it all wrong. business if only they had sufficient spoken about yet is when to tax for Under current law, in 2011 we will once capital to do so? How often has the Government services—tax income the again have an estate tax due and owing death tax prevented this? How many earliest it is made, and tax it once. Be- within 9 months of death of 55 percent potential jobs were not created as a re- yond that, you ought to let the mar- and even in some cases up to 60 per- sult? ketplace decide the value of something cent. That just is not right. We have The changes in economic behavior if and tax it accordingly. Under both cir- forced many unwilling sellers to have the death tax was no longer a factor to cumstances, more money is going to to deal with a very willing ‘‘shark’’ of consider is hard to determine. But the come into the Federal Treasury. a buyer waiting in the murky waters of dividend and capital gains rate reduc- So I believe that death should not be tax uncertainty. These are real people tions serve as a good indicator. Those a taxable event. Since I have been in who live in Iowa. They have devoted rate reductions have paid for them- the U.S. Senate, I have been working their entire lives, for multiple genera- selves many times over in increased on reform of the estate tax. Taxing tions, to building businesses and cre- Government revenue. people’s assets upon their death is just ating good jobs for people of rural Last month’s budget report from the plain wrong—not wrong to the heirs as Iowa. Treasury Department has tax receipts much as it is wrong to think that you Over 40 years ago, Eugene and Mary up by $137 billion, up 11.2 percent for are going to get more money into the Sukup started a grain handling and the first 7 months of fiscal year 2006. Federal Treasury that way than if you storage manufacturing company in The year before, if you look at 2004 to let the marketplace work and deter- Sheffield, IA. On my family farm, my 2005, there was a $274 billion increase in mine the true value of something with son and I used Sukup equipment to Federal revenues, or 14.6 percent more store our corn and soybeans and to use Federal revenues for fiscal year 2005. a willing buyer and a willing seller. Heirs should not be forced to sell a drying equipment for drying corn for Reducing those taxes spurred economic single asset in order to meet an arbi- storage. So I know that the Sukups, as growth and increased Government rev- trary tax due date—the due date a family manufacturing business, have enue. That is exactly what I expect caused by death. Assets should not a quality product and they serve their would happen if we were to eliminate have to be sold to pay taxes. The mar- customers well, and they serve all Iowa once and for all the death tax. So I ask my colleagues to take a look ket should determine when things are well in the sense of jobs. Today, the at the death tax and getting rid of it bought and sold. That is the best meas- Sukup family and the next generation simply as a matter of bringing fairness urement—when a willing buyer meets a of two sons and their families are in- to our Tax Code. That is how the willing seller and they agree on a price volved; they are still headquartered in American people view it; that is how and a time when that asset should be this little community of Sheffield, IA, South Dakotans view it. Even though sold. with a population of 968 people. But many Americans might not have a sub- Unfortunately, under existing law, they employ over 300 people from 5 dif- stantial nest egg to pass on to their we have it all wrong. Under current ferent counties, in good-paying jobs, children, they understand the death law, in 2011 when we will once again with good retirement plans. In fact, the tax to be unfair. For that reason, they have an estate tax due and owing with- original employee team that started oppose it. They also know that it is in 9 months of death of 55 percent, and with them 40 years ago is still there those very same small businesses, even in some cases up to 60 percent, today, and, in many cases, the next small farms, and ranch operations that that is just not right. It is not right for generation of that family has also are creating jobs and making it pos- the family involved and it is not the joined the team. sible for young people to continue to best thing for the Federal Treasury, be- In addition, the Sukups’ facilities in stay in the rural areas of this country. cause that is not going to bring in the other States, also contributing to the One recent poll suggests that 68 per- massive amount of revenue that would economy of those other States, like De- cent of Americans support repealing come in if the marketplace were work- fiance, OH; Jonesboro, AR; Arcola, IL; the death tax. It is simply unfair for ing. It is not right because we have Aurora, NE; and Watertown, SD— death to be a taxable event. I urge my forced many unwilling sellers to have places where good jobs and hard work colleagues to allow us to vote, allow us to deal with a very willing shark of a that isn’t flashy and doesn’t make the to proceed to the debate, and to get an buyer who is waiting in the murky wa- scandal page of big city papers are val- up-or-down vote on the floor of the ters of tax uncertainty. ued as important ingredients of down- Senate, and to join the House of Rep- Some people wonder why I care so home, good living. These are the places resentatives, which passed it by a very much about this issue. I have reporters where people invest in the local econ- big bipartisan vote—legislation that from big city newspapers calling me, omy and contribute to the community would repeal and end the death tax because I am a U.S. Senator, to remind as good taxpaying citizens. once and for all. me that Iowa is somewhat economi- Let me tell you about another little I yield the floor. cally poor compared to very so-called Iowa town, Shenandoah. That is where The PRESIDING OFFICER. The Sen- wealthy places, like New York City, Lloyd Inc. is located. It, too, is not a ator from Iowa is recognized. and that land and companies in the flashy company. They started making

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.055 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5549 animal dietary mixes in 1958 and now is on by many of the proponents of the folks who would like to see the estate a significant provider of veterinary death tax, don’t capture the full pic- tax go away altogether. When I was drugs. Eugene Lloyd is a doctor of vet- ture. The statistic is only a look at the Governor of Delaware, we actually erinary medicine and the CEO of the dead person who owned the business or eliminated the inheritance tax. We cut company. He tells me that the com- farm. It doesn’t take into account the taxes 7 out of 8 years. Can you believe pany has never laid off employees due dead person’s family, employees, or that, Mr. President? We reduced taxes 7 to poor business cycles and employs neighbors. All of those folks are af- out of 8 years. We also balanced the over 80 well-educated people in Shen- fected if the death tax burdens that budget 8 years in a row. andoah, a town of less than 6,000 peo- family business or farm. The concern in getting rid of the es- ple. I plan to vote for cloture, and I hope tate tax altogether is we didn’t balance The company has also provided gen- 60 other Senators also vote for cloture the budget last year or the year before erous health care and retirement plans on Thursday. It is time we had a real that, and we are not going to balance to their employees and, like I said, in debate on a reasonable solution to this the budget this year or for as far as the rural America, those benefits are very problem. Kicking the can of tax uncer- eye can see. In fact, the way to come important. tainty is draining dollars out of these closest to reducing the deficit, as the Unfortunately, even after vigilant es- family owned businesses, just as well administration would have us believe, tate planning, these two family-owned as the estate tax, only the expense of to cut it in half, is to assume we are companies will be facing a combined planning for these uncertainties takes not going to spend any more money in estate tax bill of well over $40 million. money every month and not just all of Iraq the next year and the year after That is $40 million that will leave the it within 9 months of death. Vote yes and we are not going to spend any State of Iowa. The companies will on cloture. We owe these folks an an- more money in Afghanistan or do any- probably face a fire sale and so often, it swer. thing to fix the alternative minimum is sold to someone with no interest or The PRESIDING OFFICER. The Sen- tax, which is likely to cost us some desire to maintain the current location ator’s time has expired. money—in fact, a whole lot of money. or contributions to the community. So The Senator from Delaware. If we ignore all those items, we can there are two companies, two towns, 6 Mr. CARPER. Mr. President, I have pretend the deficit will be cut in half, counties, 4 families and hundreds of asked my staff to see if they can find but I don’t think we can in good faith employees, all of which will be hurt if some charts—maybe the kind of charts ignore them. we don’t do something about the death prepared by our friend, Senator Let me see what else we have in tax. Businesses will be sold, locations CONRAD. charts that might be worth looking at. will be shut down, and real people will Let’s look at this first chart. One of This chart gives us some idea of the lose good jobs and the State of Iowa the charts I asked to see if they can percentage of the estates that are will lose $40 million of hard capital in- find is a chart that deals with what has going to be taxed in 2009. Again, this is vested for almost 90 years between the happened in this decade under current if we consider a $7 million exclusion two companies. Not to even mention law with respect to the amount of an with a rate of about 45 percent. It says how much salary, retirement plans and estate that is excluded from the estate that in 2009, only 0.2 percent of estates charitable contributions they have tax so we can see what it looks like will be subject to that tax. If we ex- made to those little Iowa communities. over time and what the rates look like clude everything up to $7 million, that So when the multinational or foreign over time. doesn’t leave very many estates. That companies come calling, we have no As I recall, the amount that could be is 2 estates out of 1,000 which would one else to blame but ourselves for let- excluded from the estate tax in 2001 have to pay anything at all. And even ting these family owned companies was about $1.35 million. It went up to in 2009, the rate would be down from 55 committed to the community go away. $2 million, $3 million, and this year it to 45 percent. This chart shows a pie. All of us from rural America are try- is about $4 million combined, two peo- That is a pretty small sliver out of ing to battle what is called out-migra- ple in a family, husband and wife, and that pie. Actually, it would probably be tion. If we leave the death tax in place then I believe in 2009 there is $3.5 mil- a lot slimmer than that if we really in its punitive form in 2011, it will suck lion excluded for each spouse, for a wanted to show it in proportion. jobs, businesses, and people out of rural total of $7 million for a family in which Let’s take a look at one more. This America. there are two people. The amount of chart shows how many estates were That is why I care about this death the tax, going back to 2001, I believe being taxed in 2000—roughly 50,000. tax debate—real people, in real Iowa was about 55 percent. Over time it has When we go up to the $7 million exclu- counties that have entire communities been decreasing, so that in 2009 the sion for a husband and wife, the num- that would care. It is strange, in New amount of the estate that will be ex- ber of taxable estates is down to about York City, how many multimillion- cluded from the tax is $7 million, and I 7,000. aires live on any one block in Manhat- believe the rate is 45 percent. The next I wish we had another chart that ac- tan? year, in 2010, there is no estate tax, and tually showed what the value of the es- Those so-called multimillionaires then in 2011 we go back to where it was tate tax is in revenues to the Treasury. seem a little different when you check in 2001, which is again about a little I don’t know if we have a chart show- out the Iowa corn crop, or you sit to- less than $1.5 million, and the rate ing that information. If we can take a gether at church or the grandson’s would be 55 percent. look, that would be good. baseball game. They are, as the popular People like to have some certainty in Some folks like to call the estate tax book says ‘‘the millionaire next door,’’ their lives so they can do planning for the death tax. That is actually pretty they are the pillars that help hold up a whole lot of activities. Certainly clever. But I always think of it as the all those 99 counties that I visit every businesses like to have certainty so estate tax. year. I know these are not the kind of they can do planning. That is espe- I think of something I call the birth stories that make the front page of the cially true when folks are trying to de- tax. It is a tax that every child born in big city papers, but when family busi- velop business plans or estate plans. the country this year inherits upon nesses get sold and shut down or moved When we look at a tax that goes from their birth because it is the amount of out of State or even out of the United an exclusion of $7 million at a rate of our debt that accrues to them and, States, it certainly makes the front 45 percent to the next year having no frankly, to the rest of us. The amount page of the newspapers about which I tax, and the year after that we will be of money we owe as individuals as a really care. back where we were in 2001, that cer- personal obligation—again, take the So when you hear about the number tainly doesn’t provide the kind of cer- total amount of our debt divided by the of estates affected, keep in mind, to tainty under which businesses or fami- total number of people, and we are some extent, that statistic is only a lies like to operate. talking about tens of thousands of dol- snapshot. The estate tax return is filed My hope is that during the course of lars. In fact, if we look not just at the by the representative of the dead per- this debate or this year, we can come money that is accumulated debt but if son. Those statistics, so often dwelled up with some certainty. There are we look at that more on an accrual

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.022 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5550 CONGRESSIONAL RECORD — SENATE June 7, 2006 basis, we are looking at a birth tax I wish I had a chart that actually To give an example, this is like say- that is not $20,000 or $30,000 per person shows how that would affect this accu- ing, if you are in debt, deeply in debt, but maybe 10 times that amount of mulation of debt, our deficit. It would the best way to solve your problems is money. reduce by about 70 percent the amount to go out and borrow more money to This is the cost of the estate tax re- of red ink. It wouldn’t eliminate it en- pay off the old debt. It sounds foolish, peal. We generally only look ahead 5 tirely, but we wouldn’t be looking at doesn’t it? But that is what we are years. We have been raising the numbers of close to $100 billion a year about to do if we chip away at the amount of estates that are excluded in 2021. We might be looking at $30 bil- taxes that are now—the revenue that is and lowering the tax rate for the last lion. We wouldn’t be looking at $50 bil- now collected through inheritance couple of years—actually, the last 5 lion a year in lost revenues to the taxes. years—and the amount of money lost Treasury; we would be looking at At first glance, it sounds like a good to the Treasury is actually pretty something more like $15 billion. idea to get rid of the inheritance tax. small. If people don’t think we should have When you look below the surface, you Starting right about 2010, it jumps the estate tax where it was in 2001, that learn that repealing it is a bad deal for rather considerably, and it looks like it is not going to make them too happy the vast majority of Americans. is $60 billion a year starting in 2012, because it is still a fair amount of loss There is a lot of misinformation and it just climbs to 2021 and almost to the Treasury, but it is not this huge being passed around about who pays $100 billion a year. This wouldn’t con- loss to the Treasury. As long as we are this tax. We have even given it a name cern me if we had a balanced budget. running these huge deficits with little that makes it so repulsive that as soon This wouldn’t concern me if we had a prospects of things getting better any- as you hear it, you say: Wow, what is reasonable prospect for a balanced time soon, we need to find a middle this, a death tax? Do you mean you budget. This concerns me because we ground, something more fiscally re- have to pay a tax for dying? don’t have a balanced budget and we sponsible and something responsive to No. You have to pay a tax for making don’t have any prospect for a balanced what has been expressed to me by our so much money that life can forever be budget going forward. For us to go comfortable. Not a bad thought, but at farm families and small willy-nilly into eliminating the estate what cost? That is the thing that we businesspeople. tax altogether is just imprudent—woe- We are going to have a chance to are concerned about. Here is the truth: One-half of 1 per- fully imprudent. vote on a cloture motion on the motion Should we do nothing? Should we cent of the estates this year will be to proceed tomorrow. I understand just let the clock continue to tick, so subject to tax. I don’t know how many those who want to eliminate the estate we get to 2009 with a rate of 45 percent people who make $45,000 a year can un- tax entirely would like to prevail to- and $7 million excluded from the estate derstand what happens with one-half of morrow and they would like to go for- tax, and then in 2010 it all goes away, 1 percent of the estates in this country ward. I don’t know if the cloture mo- no estate tax, and then in 2011 it comes of ours. What it says is that 99.5 per- tion on the motion to proceed tomor- back to where it was 10 years earlier? cent of the estates left are not subject Does that make sense? I don’t think row is going to pass. If it doesn’t pass, to any tax. To be even considered for that makes much sense, either. Rather rather than throwing up our arms and this tax, an estate must be worth at than simply criticize those who make saying that is it for another year or least $2 million. the estate go away, we ought to find a two, I hope we will actually take a For any of you who hear my voice or middle ground, a third way, and the closer look at what some of us are look at the figures you see in the third way says: What can we do that is going to be introducing either today or paper, remember, when someone says fair and reasonable to farm businesses, tomorrow which says that $7 million is to you: You don’t want that death tax families, and so forth, and at the same a reasonable amount of money to ex- out there, do you? It doesn’t affect you time will not make the budget deficit clude from the estate tax, which is unless you are worth at least $2 mil- look like this or this much worse going lower than the current rate on estates, lion. Then, on top of that, there are all forward? 45 percent for everything above $7 mil- kinds of tax shelters and exemptions. The approach I like is we go back to lion is not an unreasonable level, and So very few people pay the tax. As a where we will be in 2009 if we don’t see if we can’t work toward that goal. matter of fact, the average rate that change the law. There are several of us Mr. President, I yield the floor. estates pay is somewhere in the high who are going to introduce legislation The PRESIDING OFFICER. The Sen- teens, and rarely ever approaches the to do this. I am not sure who will be in ator from New Jersey. 55 percent marginal rate, which is the Mr. LAUTENBERG. Mr. President, I the lead. I will be one of the cospon- highest of them all. So I think some of sors. It says: Let’s think about pro- am sure it is not going to be a surprise my colleagues have to understand the viding continuity and certainty. Let’s to anyone here that I am opposed to history of the inheritance tax. acknowledge the fact that moneys the repeal of the inheritance tax. Now, I was very lucky in my lifetime. My should be excluded from the estate tax. I don’t believe people ought to be taxed father died very young and left my And what is a reasonable level? Right beyond what is normal by increasing mother a widow when she was 37 years now, we are at $4 million for a family, taxes here or there, but I do have a old, and I was already in the Army. I and in 2009 it will be at $7 million. We problem with figuring out ways to re- had enlisted in the Army just over— are going to suggest we exclude not duce taxes, inheritance taxes, on the well, over 62 years ago. My mother was just in 2009 but in 2010 and 2011 at least wealthiest among us. We are talking this young, struggling widow, deep in $7 million. about wealth that staggers the imagi- debt because my father, who was a very I believe we should index that nation, that is so vast that the average healthy man, got sick on the job, and amount going forward, just stay at $7 American can’t even comprehend it. it took a year to rob him of his million for the next 10, 20, 30 years, but We are talking now about making it strength and his energy, so that there it will go up every year in conjunction easier for the wealthiest among us to was nothing left except grief and debts with some deflator, the CPI or some- pass along the fortunes that some of my mother had to pay. thing such as that, and say the rate them worked hard for, a lot of them in- I was the beneficiary, as a result of that is going to be effective in 2009 on herited, and for the next generation my military service, to get something the money in excess of the $7 million who is waiting for dad or mom to pass called the GI Bill. The GI Bill said to that can be excluded is 45 percent and away so they can make sure they can those who serve: We are going to help lock it in at 45 percent for a while. So keep up with the yachts and the air- you make up for some of the years that not only in 2009 will the amount ex- planes and the things of that nature. I we took for you to protect our country cluded be $7 million, but in 2010 we will don’t say that everybody who is and protect our ideals, and we are exclude $7 million, maybe with a CPI wealthy is spoiled or has bad values, going to provide funds for you to im- adjustment, and in 2011, $7 million, but I think we have to look very care- prove your lot, to get an education, to again adjusting according to inflation, fully at what we are doing in the cir- make up for the time lost, for building but the rate would stay the same at 45 cumstances in which this country is a career. The GI Bill sent me to col- percent. living. lege. I never would have been able to

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.059 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5551 go. It would never have been available fingers day and night and making sure United States Senate make a little to me. they feel good throughout their school- more than $145,000. In fact, they make When I graduated high school, I had day. $165,000. But here, Mr. Raymond made a job loading trucks. That is what my So when I think of what legacy I $145,000 a day. So we are going to be life was like. But good fortune struck might give my children, it is not more nice to him because he made so little: me, and the opportunities that Amer- money in the bank. It is a safer coun- $145,000 a day. We want to give him a ica gives were mine in abundance. try, it is air that they can breathe, it $164 million tax cut, give his heirs $164 I went to Columbia University. I is water that they can drink, it is as- million. It is obscene, Mr. President. went to the business school there. I sit sistance, if they need it, to get through That is what it is. on that school’s board now. I look back school, the same thing that every It is really funny. When you ask for in amazement at what good fortune grandparent wants for their grand- the origins—when did the inheritance that I had. I created a company with children. tax come into play—people forget that two other fellows named ADP, Auto- Now, to say, OK, FRANK, you have it was originally pushed by President matic Data Processing. Automatic been lucky. You did well. You provided Roosevelt. President Roosevelt, people Data Processing is a company that a lot of people with very good jobs. But say? Yes, but not Franklin Roosevelt. today employs 44,000 people in 26 coun- now what we are going to do is reward It was developed by a Republican, tries in which we serve. Three guys you on top of the rewards you have al- Teddy Roosevelt. He believed that an from factory-working fathers, two of ready gotten by giving you more inheritance tax should not be aimed at them are brothers, and my father, all money, by making sure that your kids the average citizen or even citizens of worked in the same kinds of factories can live comfortably. above average wealth. President Theo- in Patterson, NJ. So life was good. I have a list of people who are lob- dore Roosevelt said the inheritance tax We presented a new idea in America, bying against the estate tax. When you should ‘‘be aimed merely at the inher- those years when we started. It was see the size of some of these estates, it itance or transmission in their entirety called outsourcing. It was the oppor- blows your mind, to use a common ex- of those fortunes swollen beyond all tunity for companies to render special- pression. I want to take a look at the healthy limits.’’ This is what the cur- ized services so that the companies chart that shows what happens if we rent estate tax does. It affects only the who hired us could devote themselves cut estate taxes for the wealthiest. hereditary elite, those who inherit es- to making their product better and This is interesting. There is a com- tates of more than $2 million. I repeat: selling it cheaper and being more effi- pany called Halliburton, a company 99.5 percent of American families will cient totally. So as a consequence of that used to be run by the Vice Presi- not be affected by the estate tax. They that—why is this story relevant? It is dent of the United States, and who still won’t have to pay a penny out of their because as a consequence of creating a gets an income from them, almost as legacy. company—my old company before I large as his income from the U.S. Gov- So when I look at where we stand came to the Senate over 20 years ago— ernment. This is the Vice President of now, deep in debt because in America that company had the longest growth the United States who gets an income we increased the debt limit so we could record of any company in America at from a private company that does all splurge some more and spend and bor- over 10 percent, each and every year, kinds of defense business that has been row up to $9 trillion—not earn, borrow growth and income. Every year for 42 charged with overcharging us for work to get us up to $9 trillion, and it is ru- years in a row we had the longest they did in Iraq, that got a no-bid con- mored that soon we will be looking at growth record in America, and I take tract that ran over $2 billion. The CHE- the possibility of raising the debt limit modest pride in knowing I was part of NEY family—and listen, we respect suc- again. And repealing the inheritance tax that development. cess, but Vice President CHENEY still As a consequence, of course, I made has options, tens of thousands of op- will only further balloon our Nation’s some money, a lot of money by most tions that are not yet exercised in Hal- debt. So in order to increase the inher- standards, and I brought my four kids liburton, whose value depends on their itance of the richest people in the up to understand that they were also ability to do better. country, we are going to pass more lucky, and not just because their fa- That is the price of the stock. So if debt to everyone else’s children and grandchildren. ther was successful, and each one of we want to reward Vice President CHE- I would like someone to explain why them has worked very hard to make NEY and Halliburton for their question- that is a good idea. able work and their questionable mo- their own lives. In 2009, the estate tax exemption will I tell that story because what I want rality when they still do business with be $3.5 million—but that is not good to be understood is that I would be a Iraq through sham corporations, Iran enough for most Senate Republicans. beneficiary, or my kids would be bene- who gives money to terrorists, who go Here’s what that means in real life: ficiaries, of a no-tax estate if it was to Iraq to kill our kids—Halliburton, You could have a $1.9 million man- left to them. But what would that do that is the company. Vice President sion, a 44-foot motor yacht, a beautiful for my children as a result? It wouldn’t CHENEY was the CEO of the company. I summer beach house, his and hers do anything for them, in my view, in am not suggesting there is a connec- Porsches, and a $600,000 investment the long run. Give them more money? tion anymore, but I will tell you this: portfolio—and still—still—you would No. I would rather give them a safe If you want to go to ADP and sell them not pay a penny of estate tax. country. I would rather give them a something, you tell them you know The people who need a break are not chance to fight against childhood dis- FRANK LAUTENBERG—I was the chair- the wealthiest one-half of 1 percent. eases. My oldest grandchild has asth- man and CEO of the company—it does It’s everyday people who deserve a ma, and my daughter, when she takes make it a notch easier to get some break. They deserve a break from high them out to play sports anyplace, the business. We are going to give them a gas prices, rising college tuition and first place she looks for is an emer- $12 million tax cut—$12.6 million. That health care costs. gency clinic to make sure if he has an is what happens if we repeal the estate But instead of trying to help every- attack, they can get there in a hurry. tax, as is suggested. day people, the Republicans in the Sen- That is the most important thing in A famous name here, it is not the ate are clamoring to help the richest my life, to make sure that my children Hilton Hotel, but it is Paris Hilton, and families in America. are safe and that we know that if, she will get $14 million in tax cuts if we Forget gas prices—Congress needs to heaven forbid, they are the one-third of go ahead and eliminate the estate tax make sure Paris Hilton gets a few more the children in America who are going as suggested. The chairman of Exxon million dollars in inheritance. We have to get diabetes in their juvenile years, made a lot of money. He made $145,000 to make sure that the heirs to the that we will be able to fight against it. a day—$145,000 each and every day—and former CEO of ExxonMobil don’t miss I meet with those families. I talk to the average wage in this country is out. them. I talk to the children, and I ask $45,000 a year, the average wage. The Some of the wealthiest Americans in them about the terrible inconvenience number of people who make $145,000 a the country have actually spoken out that it is to deal with sticking their year is very small. Senators in the against this madness.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.061 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5552 CONGRESSIONAL RECORD — SENATE June 7, 2006 Billionaire investor Warren Buffett I yield the floor. the heirs of the richest men and women said that the estate tax has played a Mr. KENNEDY. Mr. President, the in America. ‘‘critical role’’ in promoting American audacity of the Bush administration If we eliminate the estate tax on the economic growth by creating a society and their congressional allies truly largest concentrations of wealth in our in which success is based on merit knows no limit. In spite of all of the society, we will be permitting the very rather than inheritance. urgent problems facing our Nation— few who inherit huge amounts of Buffett said that repealing the estate from the ongoing war in Iraq, to the money to receive their millions tax tax ‘‘would be a terrible mistake’’ and devastating hurricane damage along free while working Americans have to would be the equivalent of ‘‘choosing the gulf coast that has not yet been repay substantial taxes on their wages. It the 2020 Olympic team by picking the paired, to the outrageously high gaso- would be terribly unfair to tax work eldest sons of the gold-medal winners line prices that are squeezing American while giving inherited wealth a free in the 2000 Olympics.’’ families—the top Republican priority ride. Mr. President, if we repeal this inher- is eliminating the estate tax for the The estate tax is the most progres- itance tax, what would be the effect on richest families in the country. Presi- sive of all Federal taxes. At a time everyday people and the Federal budg- dent Bush’s policies have already added when the income gap between the et? nearly $3 trillion to the national debt wealth few and the middle class has For starters, it would cost our Nation in the last 5 years. Now, they are pro- grown disturbingly wide—wider than it $73 billion every year by the middle of posing more of the same, more tax has been in decades, why would we the next decade. want to transfer more of the tax bur- What could we do with that much breaks benefiting only the wealthiest money? among us. den from the rich onto the shoulders of We could provide health insurance The first 10 years of estate tax repeal middle class families. Make no mis- for every uninsured child in America, would cost $800 billion in lost revenue, take, the trillion dollars that would be and have enough left over to give them nearly a trillion dollars when the cost lost should the estate tax be repealed full college scholarships. of interest on the higher national debt will have to be made up by increasing We could give every family in Amer- that would result is included. It is other federal taxes, taxes paid mostly ica a $500 tax cut. unaffordable. It is the ultimate exam- by the middle class. That is the injus- We could eliminate 75 percent of the ple of misplaced priorities. Repealing tice of repealing the estate tax. Social Security shortfall. the estate tax would cost as much each What we should do is make perma- We could provide clean food and year as the Federal Government spends nent the estate tax that will be in water to the 800 million people in the on homeland security, and it would place in 2009—covering estates over $3.5 world who lack it. cost more than we spend on education. million—$7 million per couple—with a We could provide the funds necessary And, it would be grossly unfair. top tax rate of 45 percent. Only three- to pay for the war in Iraq for the next Today, under current law, only 5 es- tenths of 1 percent of estates would 10 years. tates in 1,000 are subject to the estate owe any tax under that proposal. While So that is our choice. We can help ev- tax. By 2009, only 3 estates in 1,000 will the maximum rate of 45 percent may eryday people, or we can give a big gift be subject to the estate tax. Only es- sound high, that figure is very mis- to the richest people in America. tates over $3.5 million will be taxed. leading. Analyses show that the effec- I have heard my colleagues on the Thus, repealing the estate tax would tive tax rate on these estates—the rate other side say they hear stories every only benefit a few thousand heirs of the after the $3.5 million exemption and week about farmers or small business richest men and women in the country. other available deductions are taken people having to sell their businesses One columnist recently called it the into consideration—would be, on aver- to pay the estate tax. But they have ‘‘Paris Hilton Tax Break’’ and that de- age, only 17 percent. not been able to cite a single example scription accurately identifies who I believe all the revenue from pre- of this actually happening. would benefit from such an enormous serving the estate tax at the 2009—level In fact, in 2001, the American Farm tax giveaway. should be statutorily dedicated to the Bureau could not find even one family The notion of an estate tax is noth- Social Security trust fund. Saving So- farm that had to be sold to pay the es- ing new or radical. We have had an es- cial Security for the many who depend tate tax. tate tax for over 100 years. During on it is far more important than re- The estate tax mostly does not hit much of that period, it covered a far pealing the estate tax for the wealthi- small business people and family greater percentage of estates than we est few. farms. The vast majority of assets af- are taxing today. One of the strongest No Government program reflects the fected by the estate tax, more than 70 advocates of the estate tax was Teddy values of the American people better percent, were in liquid assets like Roosevelt, who believed it was essen- than Social Security. We are a commu- stocks, bonds, and cash. In an attempt to do away with this tial to a fair and democratic society. nity that takes care of our most vul- ‘‘small business’’ and ‘‘family farm’’ Those who have benefited most from nerable members: the elderly, the dis- fiction once and for all, in 2002, Demo- the opportunities America offers have abled, and children whose parents have crats proposed to completely and per- a special obligation to contribute died prematurely. Two out of every manently exempt all family farms and something back to their country. three retirees receive over one-half of all family-owned businesses from the Advocates of repeal always claim their income from Social Security. estate tax. But those on the other side that the estate tax forces the sale of Without it, many of them would be liv- of the aisle voted against it. It was an large numbers of farms and small busi- ing in poverty. Social Security does illustration that they are interested in nesses each year. That claim is greatly much more than provide retirement in- protecting the wealthy, pure and sim- exaggerated. CBO analyzed this issue. come for seniors. It also provides life- ple. It concluded that if the 2009 exemption time disability insurance protecting Mr. President, this week has really level of $3.5 billion had been in place in those who become seriously injured or showcased how backwards the prior- 2000, only 94 small businesses and 65 ill. When a worker becomes disabled ities of this Senate are. Instead of farms in the entire country would have before reaching retirement age, Social tackling gas prices or dealing with the owed any estate tax. Of those, most Security is there to help him and his war in Iraq, we tried to pass a constitu- had sufficient liquid assets to cover the family. And when a worker dies leaving tional amendment on gay marriage. estate tax owed without touching the minor children, Social Security pro- Now, instead of helping families af- business or farm. The few that did not, vides financial support for those chil- ford college or get better access to have the option of paying the tax in in- dren until they reach adulthood. health care, we are looking to help the stallments over 14 years. The revenue from the estate tax richest families in the country get These small businesses and farms are would reduce the Social Security richer. being used as a sympathetic Trojan shortfall by more than 25 percent, ac- This is indeed the twilight zone Sen- horse to conceal those who would real- cording to the Social Security Admin- ate. In my view, it is time to cancel ly benefit from estate tax repeal. The istration’s chief actuary. It would add this show. real beneficiaries of repeal would be years of solvency to the program. That

VerDate Aug 31 2005 02:03 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.064 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5553 would set the right priority for Amer- in the records of discussion and cor- nize Native Hawaiians and their con- ica. respondence amongst the framers of tributions to our country is now. I urge The priorities of this Republican the Constitution, it was recognized my colleagues to support efforts of the Congress have been wrong for our coun- that the aboriginal, indigenous people Senators from Hawaii to secure Fed- try. If we are serious about reducing who occupied the lands now comprising eral recognition for Native Hawaiians. the deficit and strengthening the econ- the United States had a status as Mr. BINGAMAN. Mr. President, I rise omy, we must stop lavishing tax sovereigns that existed prior to the for- today to speak in opposition to the leg- breaks on the rich, and start investing mation of the United States. Based islation before us today, H.R. 8, which in the health and well-being of all fam- upon the recognition of that pre- would make the repeal of the estate ilies. These families are being squeezed existing sovereignty, the U.S. Con- tax permanent starting in 2010. With- unmercifully between stagnant wages stitution—article I, section 8, clause out so much as a hearing, debate, or and ever-increasing costs for the basic 3—vests the Congress with authority to markup in the Finance Committee, the necessities of life. The cost of health regulate commerce with the three majority is bringing the largest tax bill insurance is up 56 percent in the last 5 classes of sovereign governments iden- that will be before us this Congress years. Gasoline is up 75 percent. Col- tified there—foreign nations, the sev- with the clear intent of not allowing lege tuition is up 46 percent. Housing is eral States, and Indian tribes. the minority any reasonable oppor- up 57 percent. The list goes on and on, In numerous rulings over the ensuing tunity to amend it. The Joint Com- up and up—and paychecks are buying 215 years, the U.S. Supreme Court has mittee on Taxation has estimated that less each year. repeatedly held that legislation en- repeal of the estate tax will require The dollars that Republicans now acted to address the conditions of the roughly $370 billion in debt financing want to spend on the ultimate tax native people of the United States is through 2016, although a more accurate break for the rich—allowing the heirs constitutional and does not constitute cost of 10 years of enactment is closer of multimillionaires to inherit their discrimination on the basis of race or to $1 trillion when interest on the debt enormous wealth tax free—are dollars ethnicity because the sovereign status is calculated into the equation. At a that should be used to help all Ameri- of the Indian tribes is the basis for the time when interest rates are being cans. The American people deserve bet- government-to-government relation- raised steadily to address inflationary ter; and in November they will insist ship the tribes have with the United fears, it is hardly the time for our Gov- on a new Congress that truly shares States. ernment to be adding to our national their values and cares about their The Court has thus consistently debt in this magnitude for tax relief needs. drawn a distinction between legislation that only benefits the wealthiest in our Mr. BIDEN. Mr. President, I rise that addresses the conditions of the na- country. today to speak in support of the Native tive people of the United States on the In 2001, in my State of New Mexico, Hawaiian Government Reorganization grounds that the United States has a there were only 200 people dying with Act of 2006. Unfortunately, this bill has political and legal relationship with any estate tax liability. This left been mischaracterized and therefore the Indian tribes—a relationship that roughly 98 percent of New Mexican es- misunderstood by many. tates entirely untaxed. If the exemp- Sponsored by Senator DANIEL K. is not predicated on race or ethnicity tion had been $2.5 million, as will occur AKAKA and Senator DANIEL K. INOUYE, but rather on sovereignty—and legisla- in 2009 under current law, 99.7 percent the bill brings into focus the unique po- tion that addresses the conditions of of people dying in New Mexico would litical and legal relationship that the specific groups whose members are de- have owed no estate taxes. At a time indigenous peoples of Hawaii, Native fined only by reference to their race or when gas is over $3 a gallon and many Hawaiians, have with the United ethnicity—African Americans, His- businesses are telling me that they can States. The United States has treated panic Americans, etc. no longer afford to offer health insur- Native Hawaiians in a manner similar The status that the Constitution rec- to that of American Indians and Alas- ognizes in Indian tribes was later ex- ance to their workers, I cannot in good ka Natives since Hawaii became a ter- tended to Alaska Natives in their ca- conscience support repealing the estate ritory in 1898. All that this legislation pacity as aboriginal, indigenous people tax—an act that provides a benefit to does—with the substitute amendment of the United States, and it is on the only about .3 percent of New Mexicans. The effort to permanently repeal the that addresses some concerns raised by same basis that the Congress has en- estate tax is a continuation by the ma- the Departments of Justice and Inte- acted legislation for the aboriginal, in- jority of giving tax breaks to a small rior—is extend the Federal policy of digenous people of Hawaii. minority of Americans—those who self-governance and self-determination Many opponents of the bill are at- to Native Hawaiians, thereby providing tacking and classifying reconciliation need it least. Just a couple of weeks parity in Federal policies toward efforts between the United States and ago, the President signed the reconcili- American Indians, Alaska Natives, and the Native Hawaiians as race-based. ation tax bill into law which added 2 Native Hawaiians. However, anyone who has a clear un- additional years of tax relief for those More than 160 statutes have been derstanding of Hawaii’s history cannot receiving dividends and capital gains. passed by Congress recognizing the po- deny that Native Hawaiians are Ha- Slowly but surely, the majority is cre- litical and legal relationship that Na- waii’s indigenous peoples, nor can they ating a society where those who work tive Hawaiians have with the United deny that Native Hawaiians have a for a living will be paying taxes while States. These statutes demonstrate legal and political relationship with those who are fortunate enough to how Congress has repeatedly acknowl- the United States based on their status have investments or inherited wealth edged the legal and political relation- as Hawaii’s indigenous peoples. It is of- will either avoid taxation or be paying ship between Native Hawaiians and the fensive that laws intended to seek jus- at a significantly lower rate. The re- United States. Just as it has done with tice and equality for African Ameri- sult will be a United States that has the other indigenous people of this cans are now being used to oppress na- slid back to economic disparity not country, the Native Americans and tive peoples. seen since the Gilded Age where ex- Alaskan Natives, Congress has estab- We must be fair and thorough while treme wealth accumulated in the pock- lished Federal programs to address the deliberating the merits of this legisla- ets of our Nation’s wealthiest while the health, education, and housing needs of tion. It is unfair to pick and choose average working family was left be- Native Hawaiians. As an indigenous what aspects of the Constitution and hind. At a time when gas prices are people that exercised sovereignty over related statutes do and do not apply. climbing, the cost of electricity is lands now comprising the State of Ha- This is an opportunity that each Mem- growing, and health care costs are ex- waii, Native Hawaiians are seeking ber of this Chamber has to demonstrate ploding, it is simply unacceptable that parity with other federally recognized their commitment to recognizing and this Congress is devoting time and our indigenous peoples. S. 147 is the vehicle respecting the aboriginal, indigenous children’s resources to providing an- for which this can be achieved. people that had a status as sovereigns other tax break to the wealthiest Beginning with the debates of the that existed prior to the formation of among us. Instead this Congress should Continental Congress and continuing the United States. The time to recog- be looking at ways to reduce the tax

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.063 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5554 CONGRESSIONAL RECORD — SENATE June 7, 2006 burden on folks who only have earned colleagues will join me in opposing this of minorities and the underprivileged, income—and generally not enough of legislation. has publicly opposed this legislation. it. f Here is what the Commission on Civil I would remind my colleagues on the Rights said: NATIVE HAWAIIAN GOVERNMENT other side of the aisle that the impact The Commission recommends against pas- of deficit spending is immense and one REORGANIZATION ACT OF 2005— sage of the Native Hawaiian Government Re- that will be borne not only by us in the MOTION TO PROCEED organization Act of 2005 as reported out of coming years but by future generations The PRESIDING OFFICER. Under committee on May 16, 2005, or any other leg- who have no say in our current finan- the previous order, the hour of 3 p.m. islation that would discriminate on the basis cial irresponsibility. Since this admin- of race or national origin and further sub- having arrived, the Senate will proceed divide the American people into discrete sub- istration took over and Congress has to consideration of the motion to pro- groups, accorded varying degrees of privi- been controlled solely by one party, we ceed to S. 147, which the clerk will re- lege. have seen our Nation’s economic secu- port. So this bill undermines our unity. It rity drop precipitously. In order to pay The assistant legislative clerk read would undermine our history of being a for unaffordable tax cuts, we have be- as follows: Nation based not upon race but upon come a beggar nation, forced to go to Motion to proceed to S. 147, a bill to ex- common values of liberty, equal oppor- foreign countries with our hat in hand press the policy of the United States regard- tunity, and democracy. asking them to buy our debt. Many of ing the United States relationship with Na- We have had many great accomplish- these countries, such as China and tive Hawaiians and to provide a process for ments in our country. Our diversity is Japan, are the very same countries the recognition by the United States of the Native Hawaiian governing entity. a magnificent accomplishment. But that are becoming more and more com- the greater accomplishment, greater petitive with our Nation for high-tech The PRESIDING OFFICER. Under even than our diversity, is our ability and higher salaried jobs—a fact that is the previous order, the time from 3 to unite all of that diversity into one not unrelated. As interest rates con- p.m. until 6 p.m. shall be divided for de- Nation. We should be going in that di- tinue to rise to combat inflationary bate as follows: 3 to 3:30, majority con- rection and not in the opposite direc- pressures, it is costing this Govern- trol; 3:30 to 4, minority control, alter- tion. ment more and more to sell our debt to nating between the two sides every 30 Our Constitution guarantees equal our foreign competitors. At the same minutes until 6 p.m. opportunity without regard to race. time, we are facing demand pressures The Senator from Tennessee is recog- This legislation does the opposite. to offer a higher rate of return to at- nized. Those who favor this bill like to de- tract these wary investors, as they Mr. ALEXANDER. Mr. President, one scribe a bill that is not the bill I have gradually accumulate more of our debt of the parliamentary mysteries of the read. Those who favor the bill say it is than most economic models would in- Senate is that we are now about to not about sovereignty, it is not about dicate is prudent. The only prudent move, as was reported, to the Native land and money, it is not about race, it course of action would be to tighten Hawaiian Government Reorganization is what we did once in Alaska and that our belts and balance our budget there- Act. Some might wonder why. I was the Native Hawaiians would be just an- by returning control of our economic presiding, as the Senator from Min- other Indian tribe. It is a nice bill, they prosperity to us instead of leaving it in nesota is now, earlier in the week. I say. It is sponsored by the two Sen- the hands of our foreign competitors. heard an eloquent speech by a Senator ators from the State of Hawaii, whom But instead of coming up with rational from the other side of the aisle, the we all greatly respect and admire, so, tax policy that rewards the majority of Senator from Vermont, who said we they say, let’s just pass it. Americans who work for a living, we ought to ‘‘focus on solutions to the Let me address each of those claims are foisting on these families the delu- high [gasoline] prices, something that one by one—sovereignty, to begin with. sion that estate tax relief benefits hurts people in your state and mine, Those who favor the bill say this is not them and handing out further tax cuts the rising cost of health care . . . the about sovereignty. After all, they to those who have seen their wealth ongoing situation in Iraq. . . . We’re argue, the new government that would grow at historic rates in the past sev- not going to talk about any of those be set up would be subject to the ap- eral years. things,’’ said the Senator from proval of those who are ‘‘Native Hawai- Mr. President, we owe it to our chil- Vermont, from the other side of the ians,’’ and it would have to be approved dren and grandchildren to provide aisle. by the U.S. Secretary of the Interior. them with the opportunities we inher- Yet as a result of efforts there, on But the bill expressly states in section ited from our parents. The real ‘‘death that side of the aisle, we are now mov- 4(b) that its purpose is to establish a tax’’ is the one we are leaving for our ing ahead to the Native Hawaiian Gov- ‘‘political and legal relationship be- children to pay when we are gone. With ernment Reorganization Act, S. 147. tween the United States and the Native the passage of the Deficit Reduction The legislation may seem insignifi- Hawaiian governing entity for the pur- Act in 1993, we were able to correct cant, but I am here today to say that, poses of continuing a government-to- years of irresponsible tax policy and in this seemingly insignificant piece of government relationship.’’ head our Nation back in the right di- legislation, is an assault on one of the A government-to-government rela- rection. By maintaining fiscal dis- most important values in our country. tionship—such as a government rela- cipline, we were able to have our first It is a value so important that it is tionship between the United States and surplus in decades. It is shameful that carved in stone above the Chair of the France or England or Germany or any we are considering legislation today Presiding Officer. It is our original na- other country. That sounds like a sov- that, in many senses, is the final nail tional motto: E Pluribus Unum, one ereign government to me. in the coffin of fiscal responsibility by from many. This bill is an assault on That’s not the end of it. In an inter- providing additional tax cuts to the that principle because it would, for the view on National Public Radio on Au- richest in our Nation to the detriment first time in our country’s history, so gust 16 last year, the Senator from Ha- of hard-working American families. far as my research shows, create a new, waii, who is the sponsor of this bill, This is not the act of a Government separate, sovereign government within was asked if this could lead to seces- that is supposed to represent all of the our country, based on race, putting us sion of the State of Hawaii from the people in our Nation—a nation that on the path of becoming more of a United States. The NPR reporter stat- was founded on the belief that the op- United Nations than a United States of ed, ‘‘But [Senator AKAKA] says this portunity for prosperity is to be shared America. It will set a precedent for the sovereignty could even go further, per- by everyone. This legislation is an- breakup of our country along racial haps even leading to independence.’’ other step toward creating an America lines, and it ought to be soundly de- And the Senator from Hawaii re- that I was not elected to represent by feated. sponded, ‘‘That could be. As far as what my fellow New Mexicans—the vast ma- No one has to take my word for this. is going to happen at the other end, I’m jority of whom earn their living by The U.S. Commission on Civil Rights, a leaving it up to my grandchildren and going to work every day. I hope my body established to protect the rights my great-grandchildren.’’

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.023 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5555 The office of Hawaiian Affairs, an of- all of that $3 billion would be given to is in our law. But so far as I can tell, fice of the Government of the State of this so-called tribe. The bill expressly we have never created an Indian tribe, Hawaii at one time said on its Web site allows the transfer of land and assets, and the State of Hawaii itself recog- that under this bill: so this is a serious question. nized before the Supreme Court that The Native Hawaiian people may exercise Then the last two arguments the pro- its native peoples are not a tribe. their right to self-determination by selecting ponents make. They say that this is To pass this legislation would be a another form of government, including free similar to what we did for the Alaska dangerous precedent. It wouldn’t be association or total independence. Natives. But there are some profound much different than if American citi- Total independence, Mr. President. differences between Alaska and Hawaii. zens who were descended from His- This bill clearly allows for the estab- First, the history is different. When panics who lived in Texas before it be- lishment of a new, sovereign govern- the United States acquired Alaska came a Republic in 1836 created their ment within the United States of from Russia, the treaty stipulated we own tribes based on claims these lands America. I have not found another ex- needed to deal with the Alaska Na- were improperly seized from Mexico or ample of that in our history. tives. And when Alaska became a it could open the door to religious No. 2, those who favor the bill say State, we included in the law that groups such as the Amish or Hasidic this is not about race. But the bill Alaska Natives would have a special Jews who might seek tribal status to itself says something else. It says that status. That is not true for Native Ha- avoid the constraints of the establish- anyone ‘‘who is a direct lineal descend- waiians. They have always been part of ment clause of the Constitution. If we ant of the aboriginal, indigenous native the State and lived under its jurisdic- start down this path, the end may be people’’ of Hawaii is eligible to partici- tion. the disintegration of the United States pate in creating this new sovereign Second, the provisions in S. 147 for into ethnic enclaves. government. By this definition, anyone the recognition of a native government Hawaiians are Americans. They be- who may have had a seventh-genera- are different from those for Alaska Na- came U.S. citizens in 1900. They have tion Native ancestor, making him 1/256 tives. Alaska Natives were recognized saluted the American flag, paid Amer- Native Hawaiian, can qualify. They do to form corporations and other local ican taxes, fought in American wars. not need to have been part of a Native forms of government, based largely on The distinguished Senator from Hawaii Hawaiian community at any point dur- the village communities in which they has won the Congressional Medal of ing their lifetime. They don’t even lived. Most Native Hawaiians don’t live Honor fighting in American wars. need to have lived in Hawaii. In fact, of in separate villages or communities in In 1959, 94 percent of Hawaiians re- the 400,000 Americans of Native Hawai- Hawaii and elsewhere in the United affirmed that commitment to become ian descent in the United States, ap- States. They are everyone’s next-door Americans by voting to become a proximately 160,000 don’t even live in neighbor. Of the 240,000 Native Hawai- State. Similar to citizens of every Hawaii. They live all over the United ians living in Hawaii, the U.S. Census other State, they vote in national elec- States of America. But they all would reports that less than 20,000 live on tions. be eligible to be part of this new sov- ‘‘Hawaiian homelands.’’ The rest are Becoming an American has always ereign government under the bill. mixed with the States’ population. meant giving up allegiance to your pre- So eligibility to participate in this Finally, there is another argument vious country and pledging allegiance new government is not based on where that those who support this bill make. to your new country, the United States you live. It is not based on being part They say: We are just recognizing an- of America. of a specific community. It is based on other Indian tribe. This puts Native This goes all the way back to Valley your ancestry. That is why the U.S. Hawaiians on an equal footing with Forge when George Washington himself Commission on Civil Rights has spe- other Native American groups. signed such an oath, and his officers cifically said the bill ‘‘would discrimi- That is their argument. But U.S. law did as well. nate on the basis of race or national or- has specific requirements for recogni- Today, in this year, more than 500,000 igin.’’ tion of an Indian tribe. A tribe must new citizens will take that oath where No. 3, land and money. Those who have operated as a sovereign for the they renounce their allegiance to favor the bill say it is not about land last 100 years, must be a separate and where they came from, not because and money, but the bill says something distinct community, and must have they are not proud of it but because else. My staff counted 35 references to had a preexisting political organiza- they are prouder to be an American. ‘‘land’’ or ‘‘lands’’ in the text of the tion. That is what the law says. Native And they know if we are going to be bill, and in section 8 of the bill it spe- Hawaiians do not meet those require- one Nation in this land of immigrants, cifically delegates to this new race- ments. they must become Americans. based government the authority to ne- In fact, in 1998 the State of Hawaii All around the world, countries are gotiate for: acknowledged this in a Supreme Court struggling with how to integrate and brief in the case of Rice v. Cayetano, (A) the transfer of lands, natural resources, assimilate into their societies people and other assets, and the protection of exist- saying, ‘‘the tribal concept simply has from other countries: Muslims in Eu- ing rights related to such lands or resources; no place in the context of Hawaiian rope, specifically in those countries, (B) the exercise of governmental authority history.’’ It would be difficult to argue Turks in Germany, Great Britain, over any transferred lands, natural re- that Hawaii was not well represented France, and Italy—all are struggling sources, and any other assets, including land in that debate because the current with this. They are envious of our two use. Chief Justice of the U.S. Supreme centuries of history of helping people So the bill says this is about land and Court, Justice Roberts, was the lawyer from all countries come here, learn a ‘‘other assets.’’ It is not surprising. Ac- for the State of Hawaii in this argu- common language, understand a few cording to an Associated Press article ment before the Supreme Court and principles, and become Americans. from April 14 of last year on this bill, they said, ‘‘the tribal concept simply They are proud of where we came from, ‘‘there is a general belief the Depart- has no place in the context of Hawaiian prouder of who we are. ment of Hawaiian Home Lands would history.’’ This goes in exactly the opposite di- be folded into this new native govern- If the bill establishing a Native Ha- rection. This may seem like an insig- ment. According to that department’s waiian government would pass, it nificant piece of legislation, but within Web site, ‘‘Approximately 200,000 acres would have the dubious honor to be the it is embedded an assault on one of the of homestead lands are provided for the first to create a separate nation within most important fundamental values in Hawaiian Home Lands program.’’ That the United States. While Congress has our country: the value that is ex- is from the Associated Press. recognized preexisting American In- pressed and carved right there, ‘‘E According to the Wall Street Jour- dian tribes before, it has never created Pluribus Unum,’’ one from many. nal, the state’s Office of Hawaiian Af- one. That is the difference. Of course, This legislation would undermine our fairs controls a trust fund worth $3 bil- we have recognized preexisting Amer- national unity by treating Americans lion for the benefit of Native Hawai- ican Indian tribes who meet a very spe- differently based on race. It would ians. One has to ask whether some or cific definition of what an Indian tribe begin to destroy what is most unique

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.066 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5556 CONGRESSIONAL RECORD — SENATE June 7, 2006 about our country. It would begin to Native Hawaiians, those eligible to par- person is subject to any law, regula- make us more of a ‘‘united nations’’ in- ticipate in the creation of this govern- tion, tax, or other liability if any per- stead of the United States of America. ment, are defined ‘‘as an individual son is exempted on the basis of race or I hope the Senate heeds the advice of who is one of the indigenous, native ancestry. And it will guarantee fair- the U.S. Commission on Civil Rights peoples of Hawaii and who is a direct ness and equal treatment. It will not and defeats this legislation, legislation lineal descendent of the aboriginal, in- leave these matters up to future ‘‘nego- which the commission said ‘‘would dis- digenous, native people in the Hawai- tiations.’’ criminate on the basis of race or na- ian islands on or before January 1, 1893, This civil rights amendment deserves tional origin and further subdivide the and exercised sovereignty there, or a a vote, and it will get one. American people into discrete sub- person who descends from one who was The New York Times editorialized groups accorded varying degrees of one-half Native Hawaiian in 1921.’’ today that the bill does not ‘‘supersede privilege’’ and create a new, separate, What is that test? It is a racial test. the Constitution.’’ I disagree, but we race-based government for those of Na- As the Supreme Court emphasized, an- can resolve this. tive Hawaiian descent. cestry is a proxy for race. So let’s vote and not leave it up to I have tried in my remarks to show Some advocates insist that it is not a chance. Let’s adopt my amendment that this bill is about sovereignty, that race-based government, no matter and guarantee civil rights and equal it is about land and money, that it is what the actual language of the bill treatment. about race, that it is not like what we says. Again, I have shared the drafts of did for Alaskans, that the Native Ha- So we will offer an amendment to put this amendment with the sponsors of waiians would not just be another In- this question to the Senate. the bill who said they oppose it. Per- dian tribe. We don’t create new tribes The amendment will say that this haps they will reconsider, but the Sen- in our country. We recognize pre- new government will not have any gov- ate will have an opportunity to vote on existing ones, and we have very specific ernmental powers if membership in the this amendment. provisions in the law about how we do entity is in any way determined by Third, there is a dispute over wheth- that. race or ancestry. The Senate will have er the people of Hawaii, who are most The question before us is about what a straightforward up-or-down vote on personally affected by this legislation, it means to become an American. And whether it supports or rejects the prin- actually want this bill. The sponsors this bill is the reverse of what it means ciple of race-based government. If I am say yes, and point to opinion polls that to be an American. Instead of making wrong and the bill’s text is wrong, and speak vaguely of ‘‘recognizing’’ Native us one Nation, indivisible, it divides us. this isn’t about race, then that amend- Hawaiians. I can point to alternative Instead of guaranteeing rights without ment will surely pass overwhelmingly. polls which show strong majorities op- regard to race, it makes them depend When I discussed this amendment posed when the citizens understand solely upon race. Instead of becoming with the bill’s sponsors in the past, that with recognition comes the poten- one from many, we would become they have said they would strongly op- tial for unequal treatment. Do the Ha- many from one. pose it. So we will let the Senate vote waiian people want this? We know I yield the floor. directly and resolve the issue. All Sen- much of the political establishment I suggest the absence of a quorum. ators should look forward to a vote on does. But what about the citizens? I am The PRESIDING OFFICER. The whether they support race-based gov- concerned that this bill will divide Ha- clerk will call the roll. ernment. waii and encourage racial division The bill clerk proceeded to call the Second, we will have to decide wheth- there and elsewhere. roll. er the Constitution and basic civil Indeed, as the U.S. Commission on Mr. KYL. Mr. President, I ask unani- rights are to be left to a negotiation Civil Rights noted in its report, if you mous consent that the order for the process after the bill’s passage. listen to the citizens of Hawaii rather quorum call be dispensed with. As I have explained previously, this than just their political leaders, it is The PRESIDING OFFICER. Without bill would allow the creation of a gov- clear that this legislation has already objection, it is so ordered. ernment not subject to the Constitu- divided that State. Why would the Sen- Mr. KYL. Mr. President, I rise today tion and Bill of Rights. It could also be ate want to impose a divisive result in strong opposition to the Akaka bill. immune from the Civil Rights Act, the upon the State of Hawaii without giv- If cloture is invoked on that bill, there Americans with Disabilities Act, the ing Senators a voice? is a process by which we will debate Age Discrimination in Employment So one of my colleagues will offer an and amend the bill. Act, and all other State and Federal amendment that will give us the an- I would like to discuss with my col- civil rights laws. It would authorize swer to the question. It will simply re- leagues today some of the infirmities creation of an enclave where Native quire that all citizens of Hawaii have a with the bill that we would hope to ad- Hawaiians would be subject to a dif- voice by requiring a statewide ref- dress through the amendment process. ferent set of legal codes, taxes, and reg- erendum once the negotiations are There is no way to sugarcoat this bill. ulations. complete. This bill proposes that the Federal Proponents deny this. They say it is The Senate should not be passing on Government establish a racial test for preposterous to say that civil rights the question of what is good for Hawaii Americans who want to participate in won’t be protected. They say the bill when we have evidence of such divi- the creation of a new government—a won’t result in unequal tax and legal sion. government that will gain, according systems in Hawaii. They say basic fair- Again, I have floated this idea by the to section 8 of this legislation, lands ness would be preserved. But then they bill’s sponsors, and they have opposed a and natural resources, civil and crimi- say just how this happens is entirely up referendum requirement. But why nal jurisdiction, and governmental au- to subsequent negotiations between the would they not want to ensure that the thority and powers. It is unconstitu- Native Hawaiian entity and State and people of Hawaii have a direct voice in tional, it offends basic notions of Federal bureaucrats. approving or rejecting the final prod- American values, and it should be re- Obviously, basic civil rights should uct of the negotiations called for in the jected. not be up for negotiation. So we will bill? I would like to spend a few minutes offer an amendment to clear this up. So we will have an amendment. The talking about an amendment that we My civil rights amendment will apply Senate can decide if the people of Ha- would be voting on should this bill be the entire Bill of Rights to the new waii should be denied their opportunity brought forward. government. It will apply all Federal to speak. First, keep in mind that we are going antidiscrimination laws. It will ensure As I have said in the past, I will sup- to have to decide once and for all if we that the new government doesn’t have port a cloture vote and will support the believe in racial tests and race-based any special immunities from lawsuits Senate having an opportunity to de- government. Government anticipated under those laws. bate and vote on amendments to this by this bill is created through a racial It will prevent the creation of any ra- bill. But should cloture be accepted and test. Read section 3, subparagraph 10: cially defined liabilities, so that no the Senate get on this bill, I have also

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.069 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5557 noted I strongly oppose it and will offer nous people to Hawaii, who had a gov- Senator AKAKA requested floor time amendments to try to ensure the result ernment, who had a structure. The for this bill 1 year ago. His request was of the bill is most fair to the people of head of that government was sum- not granted because we were compelled Hawaii. That I will most surely do. marily arrested and a new government to address other imminent concerns re- I look forward to that debate. I look was created in Hawaii. That new gov- lating to hurricane relief and other forward to the debate and amendments ernment apparently was a government matters at that time that were urgent. that will be offered as a result. that would meet at the pleasure of Bills on this issue have been intro- I yield the floor. those who engineered the arrest of the duced since the 106th Congress. None The PRESIDING OFFICER. At this queen. have received time for floor debate. time, the hour of 3:30 having arrived, Today, after many decades raising Fairness, I believe, now requires this the next 30 minutes is under the con- questions, should there not be an op- Congress to offer this bill in the Senate trol of the minority. portunity for Native Hawaiians, very for full debate. The Senator from North Dakota. much as there has been an opportunity Let me finally say this. I know of no Mr. DORGAN. Mr. President, I ex- in our country in what is called the two Members of the Senate who have pected my colleague from Arizona lower 48 for Indian tribes to seek reor- worked harder, with greater deter- would speak on the estate tax. He, in ganization, to seek reorganization— mination to advance the cause in their fact, spoke about the subject which we there should be some opportunity State that has broad bipartisan sup- will now spend the next 30 minutes on, along the way for there to be a Native port in their State on behalf of Native on this side, the Native Hawaiian Gov- Hawaiian Government Reorganization Hawaiians, a right that is already af- ernment Reorganization Act. He raises Act. The reason this is a ‘‘reorganiza- forded to many other aboriginal and in- some questions, and my expectation is tion’’ is because that government ex- digenous peoples around the United that debate and discussion about this isted. This is not the creation of a new States that has not been afforded to proposal will promote some rather ag- government. This is a government that those Native Hawaiians. I know of no gressive discussion in the Senate. That previously existed, but many decades one in this Senate who has worked is fine. It is nice at this point that ago was essentially dissolved or de- harder for an important issue of pas- after all these many years we are destroyed as a governing unit by the ac- sion in their hearts than Senator bating this issue. tions I previously described. AKAKA and Senator INOUYE. I am very I will give a little bit of the history My colleagues have come to the Con- pleased that the Senate Committee on as vice chairman of the Committee on gress from the State of Hawaii and Indian Affairs was able to pass this leg- Indian Affairs. That committee is the have asked that a bill authorizing the islation and bring it to the Senate committee that brought this legisla- reorganization of a Native Hawaiian today. tion to the Senate. The action was bi- governing entity that could negotiate partisan. We have decided this is a wor- I yield the floor. agreements with the United States and The PRESIDING OFFICER. The Sen- thy piece of legislation. I support it. the State of Hawaii to address a good The committee supports it. That is the ator from Hawaii. number of issues relating to self-deter- Mr. AKAKA. Mr. President, today I basis on which it is in the Senate now. mination and self-governance of the discuss legislation that is critically I don’t know the history nearly as Native Hawaiians be brought to the well as my colleagues, Senator AKAKA important to the people of Hawaii, all Senate and be considered and debated. the people of Hawaii, the Native Ha- and Senator INOUYE, but let me de- That is the basis on which it is here scribe a little of the history, if I might. waiian Government Reorganization today. Act of 2005. While I am pleased to see I know a bit of this because I represent Upon introduction last year by my this bill finally come to the Senate a State in which we have numerous In- colleagues from Hawaii, this bill was floor after 6 long years, I remain per- dian tribes. Those are the first Ameri- referred to the Committee on Indian plexed by the constant barrage of mis- cans. Those are the folks who were Affairs. We held a hearing on the bill, information that has been provided by there before my ancestors showed up. received testimony that demonstrated They owned the land. They farmed broad bipartisan support, strong sup- opponents to this legislation. Tomorrow we will be voting on a mo- along the Missouri River. I understand port for this bill in Hawaii and also in tion to invoke cloture on the motion to something about Indian tribes, tribal Indian country around America. governments and self-determination. I We heard from Governor Lingle from proceed to S. 147, the Native Hawaiian understand that because I work in that the State of Hawaii about the impor- Government Reorganization Act of area a lot with the Indian tribes from tance of this bill to the people and to 2005. I ask all of my colleagues, to let my State. the economy of Hawaii. We heard from this bill come to the floor for a de- Let me describe the issue of aborigi- Native Hawaiians about the signifi- bate—whether you are for or against it. nal and indigenous peoples in the cance of this bill on all aspects of Na- At the minimum, we should be allowed United States, and especially in Ha- tive Hawaiian life. We heard from the to discuss what this bill is really waii, from the small amount of history National Congress of American Indians about. that I know. Again, the rich history about its long-standing support for Na- I also want to alert my colleagues to here will be better recited by my col- tive Hawaiians to be formally afforded the fact that a new substitute amend- leagues, Senator INOUYE and Senator the right to self-determination. This ment has been drafted which incor- AKAKA. bill does not by itself do that. It estab- porates legislative language negotiated January 16, 1893—that is a long, long lishes the process for a reorganization between Senator INOUYE and myself time ago—the United States Minister in order to create that structure. and officials from the Executive John Stevens, who served, then, as Am- There has been back and forth be- Branch to address policy concerns re- bassador to the court of Queen tween interested parties on this bill. garding the liability of the United Liliuokalani, directed a marine com- There are some who have concerns and States in land claims, the impact of pany onboard the USS Boston to arrest questions about it. Significant efforts, the bill on military readiness, gaming, and detain the queen. This is the queen I know, have been spent by my two col- and civil and criminal jurisdiction in that served the indigenous people in leagues, Senator AKAKA and Senator Hawaii. While I realize that we will not Hawaii. She was arrested. She was INOUYE, to address concerns relating to consider the substitute amendment placed under arrest for 9 months at the jurisdiction, claims and gaming issues. until we get to the actual consider- palace. I believe these concerns in almost all ation of the bill, I share this with my That event was engineered and or- cases have been adequately resolved. colleagues so that they know that our chestrated by the Committee of Public Even more importantly, I believe the negotiations with the administration Safety which I understand consisted of Members of the Senate, finally, deserve have been successful in addressing Hawaii’s non-native Hawaii business- the opportunity, and my two col- their concerns and adhering to the in- men, with the approval of Minister Ste- leagues from Hawaii deserve the oppor- tent and purpose of this bill. vens. tunity, to have this legislation before This bill is about process and fair- So we have a people in Hawaii who the Senate open for discussion and ness. Hawaii’s indigenous peoples, Na- were the first Hawaiians, the indige- open for debate. tive Hawaiians, have been recognized

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.073 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5558 CONGRESSIONAL RECORD — SENATE June 7, 2006 as indigenous peoples by Congress we all share a common respect and de- Improvement Act, the Native Hawaiian through the one hundred sixty-plus sire to preserve the culture and tradi- Education Act, and the Native Hawai- statutes we have enacted for Native tion of Hawaii’s indigenous peoples, ian Home Ownership Act. The pro- Hawaiians. Congress has historically Native Hawaiians. grams that have been established are treated Native Hawaiians, for more Despite this perceived harmony, administered by federal agencies such than a hundred years, in a manner there are issues stemming from the as the Departments of Health and similar to American Indians and Alas- overthrow that we have not addressed Human Services, Education, Housing ka Natives. What our bill does is to au- due to apprehension over the emotions and Urban Development, and Labor. As thorize a process so that the federal that arise when these matters are dis- you can imagine, these programs go a policy of self-governance and self-de- cussed. I have mentioned this to my long way to benefit Native Hawaiians, termination, a policy formally ex- colleagues previously, but it bears re- but they also serve as an important tended to American Indians and Alaska peating that there has been no struc- source of employment and income for Natives, can be extended to Native Ha- tured process. Instead, there has been many, many people in Hawaii, includ- waiians, thereby creating parity in the fear as to what the discussion would ing many non-Native Hawaiians. There way the United States treats its indig- entail, causing people to avoid the are many Hawaii residents whose live- enous peoples. issues. Such behavior has led to high lihoods depend on the continuation of We have bipartisan support for the levels of anger and frustration as well these programs and services. enactment of this bill. I extend my as misunderstandings between Native While I took the time a few weeks deep appreciation to the cosponsors of Hawaiians and non-Native Hawaiians. ago to talk about Hawaii’s history, I this legislation, Senators CANTWELL, As a young child, I was discouraged want to spend the next few moments COLEMAN, DODD, DORGAN, GRAHAM, from speaking Hawaiian because I was discussing that history once again. INOUYE, MURKOWSKI, SMITH, and STE- told that it would not allow me to suc- This is very important to understand VENS, for their unwavering support of ceed in the Western world. My parents the context of what we are trying to our efforts. lived through the overthrow and en- accomplish with this bill. I especially want to recognize Ha- dured the aftermath as a time when all waii’s Governor, Linda Lingle, who things Hawaiian, including language, The year 1778 marks the year of first serves as the first Republican governor which they both spoke fluently, hula, contact between the Western world and in Hawaii in 40 years. Despite our polit- custom, and tradition, were viewed as the people of Hawaii. That year, Cap- ical differences, Governor Lingle and negative. I, therefore, was discouraged tain James Cook landed in Hawaii. her cabinet, primarily Attorney Gen- from speaking the language and prac- Prior to Western contact, Native Ha- eral Mark Bennett and Hawaiian ticing Hawaiian customs and tradi- waiians lived in an advanced society Homes Commission Chairman Micah tions. I was the youngest of eight chil- that was steeped in science. Native Ha- Kane, have worked tirelessly with us dren. I remember as a young child waiians honored their land (aina) and for the past 4 years in an effort to sneaking to listen to my parents so environment, and therefore developed enact this bill for the people of Hawaii. that I could maintain my ability to un- methods of irrigation, agriculture, In Hawaii, support for the preserva- derstand the Hawaiian language. My aquaculture, navigation, medicine, tion and culture of Hawaii’s indigenous experience mirrors that of my genera- fishing and other forms of subsistence peoples is a nonpartisan issue. In Ha- tion of Hawaiians. whereby the land and sea were effi- waii, diversity is precious. The more While my generation learned to ac- ciently used without waste or damage. we understand our culture, traditions, cept what was ingrained into us by our Respect for the environment and for and heritage, the more we can con- parents, my children have had the ad- others formed the basis of their culture tribute to the fabric of society that has vantage of growing up during the Ha- and tradition. become the local culture in Hawaii. waiian renaissance, a period of revival Society was structured. Chief, alii, While my opponents see diversity as a for Hawaiian language, custom, and ruled each of the islands. Land was di- threat, the people of Hawaii embrace tradition. Benefiting from this revival vided into ahupuaa, triangular-shaped diversity and celebrate it as a means of is the generation of my grandchildren land divisions which stretched from the understanding the foundations upon who can speak Hawaiian and know so mountain to the ocean. Each ahupuaa which our local culture, the culture much more about our history. controlled by a lower-chief. The lands that brings us all together, is based. It is this generation, however, that is were worked on by the commoners, re- Let me be the first to say that the growing impatient with the lack of ferred to as makaainana. There was an people of Hawaii, including Hawaii’s progress in efforts to resolve long- incentive for the chiefs to treat the indigenous peoples, are proud to be standing issues. It is this generation makaainana well as they could always Americans. The many Native Hawai- that does not understand why we have move to another ahupuaa and work for ians in the National Guard who were not resolved these matters. It is for another chief. away from their families for eighteen this generation that I have written this The immediate and brutal decline of months, serving in Operation Iraqi bill to ensure that we have a way to ad- the Native Hawaiian population was Freedom, are proud to be American. In dress these emotional issues. the most obvious result of contact with fact, it is a well-documented fact that There are those who have tried to say the West. Between Cook’s arrival and native peoples have the highest per that my bill will divide the people of 1820, disease, famine, and war killed capita rate of serving in our military Hawaii. My bill goes a long way to more than half of the Native Hawaiian to defend our country. It is absolutely unite the people of Hawaii by providing population. By 1866, only 57,000 Native offensive to read opponents’ mischar- a structured process to deal with issues Hawaiians remained from the basically acterization of this bill as an effort to that have plagued us since 1893. stable pre–1778 population of at least secede from the United States or to This bill is also important to the peo- 300,000. The result was a rending of the question the right of Hawaii’s indige- ple of Hawaii because it affirms the social fabric. nous peoples to have a mechanism of dealings of Congress with Native Ha- self-governance and self-determination waiians since Hawaii’s annexation in This devastating population loss was within the framework of Federal law. 1898. Congress has always treated Na- accompanied by cultural, economic, This bill is of significant importance tive Hawaiians as Hawaii’s indigenous and psychological destruction. Western to the people of Hawaii. It is signifi- peoples, and therefore, as indigenous sailors, merchants, and traders did not cant because it provides a process, a peoples of the United States. Federal respect Hawaiian kapu, taboos, or reli- structured process, for the people of policies towards Native Hawaiians have gion and were beyond the reach of the Hawaii to finally address longstanding largely mirrored those pertaining to priests. The chiefs began to imitate the issues resulting from a dark period in American Indian and Alaska Natives. foreigners whose ships and arms were Hawaii’s history, the overthrow of the Again, let me reiterate, Congress has so superior to their own. Kingdom of Hawaii. The people of Ha- enacted over 160 statutes to address the By the middle of the 19th Century, waii are multicultural and we cele- conditions of Native Hawaiians includ- the islands’ small non-native popu- brate our diversity. At the same time, ing the Native Hawaiian Health Care lation had come to wield an influence

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.024 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5559 far in excess of its size. These influen- property the right to vote for members Hawaiians, and for many Hawaiians tial Westerners sought to limit the ab- of the House of Nobles. The representa- today, it is understood that all fortune solute power of the Hawaiian king over tives of propertied Westerners took comes from the aina, or land. There- their legal rights and to implement control of the legislature. This is the fore, it was important to cultivate and property law so that they could accu- constitution that the opponents to the protect the aina and its resources, but mulate and control land. As a result of bill have characterized as bringing de- the concept of owning it was inconceiv- foreign pressure, these goals were mocracy to Hawaii. able. Ancient Hawaiian society was achieved. A suspected native revolt in favor of based on sharing—everyone cultivated, The mutual interests of Americans the King’s younger sister, Princess everyone protected, everyone reaped living in Hawaii and the United States Liliuokalani, and a new constitution the benefits. became increasingly clear as the 19th were quelled when the American min- From the time of annexation until Century progressed. American mer- ister summoned United States Marines present day, as I noted previously in chants and planters in Hawaii wanted from an American warship off Hono- my statement, Congress has treated access to mainland markets and pro- lulu. Westerners remained firmly in Native Hawaiians in a manner similar tection from European and Asian domi- control of the government until the to that of American Indians and Alas- nation. The United States developed a death of the King in 1891, when Queen ka Natives. Federal policies towards military and economic interest in plac- Liliuokalani came to power. Native Hawaiians have always par- ing Hawaii within its sphere of influ- On January 14, 1893, the Queen was alleled policies towards American Indi- ence. In 1826, the United States and Ha- prepared to promulgate a new constitu- ans and Alaska Natives. As early as waii entered into the first of the four tion, restoring the sovereign’s control 1910, Congress included Native Hawai- treaties the two nations signed during over the House of Nobles and limiting ians in appropriating funds to study the 19th Century. the franchise to Hawaiian subjects. She the cultures of American Indians and King Kamehameha I began the King- was, however, forced to withdraw her Alaska Natives. dom of Hawaii in 1810 upon unifying proposed constitution. Despite the In 1921, Congress enacted the Hawai- the islands. The Kingdom continued Queen’s apparent acquiescence, the ian Homes Commission Act of 1920, until 1893 when it was overthrown with majority of Westerners recognized that which set aside approximately 203,500 the help of agents of the United States. the Hawaiian monarchy posed a con- acres of land for homesteading and ag- The overthrow of the Kingdom is easily tinuing threat to the unimpeded pur- ricultural use by Native Hawaiians. the most poignant part of Hawaii’s his- suit of their interests. They formed a The act was intended to ‘‘rehabilitate’’ tory. Opponents of the bill have char- Committee of Public Safety to over- the Native Hawaiian race which was es- acterized the overthrow as the fault of throw the Kingdom. timated to have dropped from between Hawaii’s last reigning monarch, Queen On January 16, 1893, at the order of 400,000 and 1 million, to 38,000. At the Lili’uokalani. Nothing could be further U.S. Minister John Stevens, American time, prevailing Federal Indian policy from the truth. Marines marched through Honolulu, to was premised upon the objective of America’s already ascendant polit- a building known as Arion Hall, lo- breaking up Indian reservations and al- ical influence in Hawaii was height- cated near both the government build- lotting lands to individual Indians. In- ened by the prolonged sugar boom. ing and the Hawaiian palace. The next dians were not to be declared citizens Sugar planters were eager to eliminate day, local revolutionaries seized the of the United States until 1924, and it the United States’ tariff on their ex- government building and demanded was typical that a 20-year restraint on ports to California and Oregon. The that Queen Liliuokalani abdicate. Ste- the alienation of allotted lands was im- 1875 Convention on Commercial Reci- vens immediately recognized the posed. This restraint prevented the procity eliminated the American tariff rebels’ provisional government and lands from being subject to taxation by on sugar from Hawaii and virtually all placed it under the United States’ pro- the states, but the restraint on alien- tariffs that Hawaii had placed on tection. ation could be lifted if an individual In- American products. It prohibited Ha- I was deeply saddened by allegations dian was deemed to have become ‘‘civ- waii from giving political, economic, or made by opponents of this legislation ilized.’’ The primary objective of the territorial preferences to any other for- that the overthrow was done to main- allotment lands to individual Indians eign power. It also provided the United tain democratic principles over a des- was to ‘‘civilize’’ the native people. The States with the right to establish a potic monarch. As you can tell by the fact that the United States thought to military base at Pearl Harbor. history I just shared, our Queen was impose a similar scheme on the native While non-Hawaiians were deter- trying to restore the Kingdom to its people of Hawaii in an effort to ‘‘reha- mined to ensure that the Hawaiian native peoples after Western influence bilitate a dying race’’ illustrates the government did nothing to damage Ha- had so greatly diminished their rights. similarity in federal policies toward waii’s growing political and economic Colleagues, I want you to understand Native Hawaiians and American Indi- relationship with America, Hawaii’s Hawaii’s history and the bravery and ans. King and people were bitter about the courage of our Queen, who abdicated Opponents of my bill have unfortu- loss of their lands to foreigners. Mat- her throne in an effort to save her peo- nately conjured a theory that there ters came to a head in 1887, when King ple after seeing United States Marines was no intent to recognize Native Ha- Kalakaua appointed a prime minister marching through the streets of Hono- waiians as indigenous peoples at the who had the strong support of the Ha- lulu. time of Statehood. I’ve gone back and waiian people and who opposed grant- The Republic of Hawaii was formed reviewed the constitutional convention ing a base at Pearl Harbor as a condi- in 1893, and in 1898, Hawaii was annexed of 1950 which resulted in the constitution for extension of the Reciprocity as a territory of the United States. At tion that was adopted in 1959 when Ha- Treaty. the time of the overthrow, the Repub- waii was admitted to the Union. The The business community, backed by lic of Hawaii took control of approxi- delegates to this convention reflected the non-native military group, the mately 1.8 million acres of land which the multi-ethnic diversity in the is- Honolulu Rifles, forced the prime min- were held in a trust for the people of lands. Only 19 percent of the delegates ister’s resignation and the enactment the Kingdom of Hawaii. The driving were Native Hawaiians. The 1950 con- of a new constitution. The new con- force of the overthrow, the formation vention deliberately incorporated pro- stitution—often referred to as the Bay- of the Republic, and the drive towards visions of the Hawaiian Homes Com- onet Constitution—reduced the King to annexation was land ownership and mission Act of 1920. a figure of minor importance. It ex- control over land. It was not without controversy. At tended the right to vote to Western Native Hawaiians, like other indige- least one delegate opposed its inclu- males whether or not they were citi- nous cultures, could not grasp the con- sion. Yet, the majority of convention zens of the Hawaiian Kingdom, and cept of fee simple ownership of land. delegates voted to include the provi- disenfranchised almost all native vot- The concept of owning land was as for- sions and the Hawaiian Homes Com- ers by giving only residents with a eign to them as the concept of owning mission Act remains a part of the Ha- specified income level or amount of air would be to us today. For ancient waii State Constitution today.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.025 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5560 CONGRESSIONAL RECORD — SENATE June 7, 2006 In addition, the Hawaii Admission reconciliation process—a necessary from agencies who implement federal Act also required the State to take step that provides the structure for us programs impacting Native Hawaiians. title over the majority of the public to continue to progress in reconcili- The process for the reorganization of lands which had been ceded to the ation between Native Hawaiians and the Native Hawaiian governing entity United States at the time of annex- United States. has received the most publicity and ation. The Act required that the lands I also want to share a unique fact most attention. I am very proud of the be held by the state as a public trust, about Hawaii’s history. We have had careful balance between structure and with income and proceeds being used six forms of government. Pre-1810 the flexibility provided in the reorganiza- for five public purposes, one of which islands were ruled by chiefdoms. The tion process. Native Hawaiians will was to address the conditions of Native Kingdom of Hawaii was established, truly be able to make critical decisions Hawaiians. It is clear to me after re- following the unification of the Islands in shaping their reorganized governing viewing these documents that while by King Kamehameha I in 1810, and entity. this issue has not been unanimous, continued until the overthrow of the Some have asked, why do you need to there has always been overwhelming Hawaiian Monarchy in 1893. From 1893– reorganize the entity? My answer is support for efforts to recognize Native 1898, the Republic of Hawaii ruled. The simple—our history requires it. Unlike Hawaiians as Hawaii’s indigenous peo- territorial government followed from some of our native brethren, when the Kingdom of Hawaii was overthrown, ples, and to accord them such treat- 1898–1941. During World War II, martial our native peoples were not allowed to ment. law was declared, resulting in the civil- From 1959 to 1978, little was done at ian government being dissolved and a retain their governing entity. Article the state level to benefit Native Hawai- Military Government ruling the terri- 101 of the Constitution of the Republic ians. In 1978, the state held a constitu- tory of Hawaii from 1941–1944. We re- of Hawaii required prospective voters tional convention. One of the results of turned to our territorial government in to swear an oath in support of the Re- the constitutional convention was the 1944 and in 1959 we were granted admis- public and declaring that they would establishment of the Office of Hawaiian sion into the Union. not, either directly or indirectly, encourage or assist in the restoration or Affairs, a quasi-State agency which I can assure my colleagues that the establishment of a monarchical form of was set up to address Native Hawaiian political status of Native Hawaiians government in the Hawaiian Islands. issues. The agency would be directed has been a hot topic in Hawaii since The overwhelming majority of the Na- by a Board of Trustees, all Native Ha- 1959. In 1999, Hawaii’s Congressional tive Hawaiian population, loyal to waiians, who were to be elected by Na- delegation formed the Task Force on their Queen, refused to swear to such tive Hawaiians. The State of Hawaii Native Hawaiian issues. I was selected an oath and were thus effectively ratified the constitutional convention’s to head our delegation’s efforts. I im- disenfranchised. proposal and from 1978 to 1999, the mediately established five working groups to assist us in addressing the Similarly at the time of annexation, Board of Trustees for the Office of Ha- an overwhelming number of Hawaiians clarification of the political and legal waiian Affairs was elected by Native signed a document in protest of annex- relationship between Native Hawaiians Hawaiians. ation, referred to as the Ku‘e Petition. and the United States. The groups in- In 1999, the United States Supreme It is this document that I have here. A cluded the Native Hawaiian commu- Court ruled in the case of Rice v. substantial number of Native Hawai- nity, state officials, including agency Cayetano that because OHA receives ians signed this document in further heads and state legislators, Federal of- state funds, the vote for the Board of protest of what had happened to their ficials, Native American and constitu- Trustees could not be restricted to Na- government. tive Hawaiians. The vote for the Board tional scholars, and Congressional My bill provides for the reorganiza- of Trustees has since been open to the members and caucuses. We held several tion of the governing entity, because entire State of Hawaii and all state public meetings in Hawaii with the upon the overthrow of the Kingdom of citizens are eligible to run for a posi- members of the Native Hawaiian com- Hawaii, Native Hawaiians lost their tion on the Board of Trustees. The peo- munity working group and the state governing entity. Despite the lack of a ple of Hawaii have elected Native Ha- working group. Individuals who were government, Native Hawaiians have waiians to each of the nine positions. not members of the working group, and maintained distinct communities and Some of my opponents have claimed many who opposed our efforts, were al- perpetuated their culture, traditions, that this bill would circumvent the lowed to attend and participate in the customs, and language. While the Rice case. There is no intent to cir- meetings. Overall, we had more than United States has always treated us in cumvent the Rice case. Nothing in this one hundred individuals provide initial a manner similar to that of American bill would address the election of the input to the drafting of the legislation. Indians and Alaska Natives, the Fed- Board of Trustees for the Office of Ha- The bill was first considered by the eral policy of self-governance and self- waiian Affairs. 106th Congress. Five days of hearings determination has not been extended In 1993, P.L. 103–150, the Apology Res- were held in Hawaii in August 2000. to us because we lack a governmental olution, was signed into law. The bill While the bill passed the House, the structure. apologized to Native Hawaiians for par- Senate failed to take action. The bill Opponents of my bill say that I am ticipation of U.S. agents in the over- was subsequently considered by the creating a government. I believe it is throw of the Kingdom of Hawaii and 107th and 108th Congresses. For each clear that, rather than creating a gov- committed the United States to a proc- Congress, the bill has been favorably ernment, I seek to provide an oppor- ess of reconciliation with Native Ha- reported by the Senate Committee on tunity for the restoration of a govern- waiians. In 1999, officials from the De- Indian Affairs and the House Com- ment which requires the reorganization partments of the Interior and Justice mittee on Resources. Unfortunately, of an entity. traveled to Hawaii for public consulta- until now, we have not had an oppor- Similarly, because of our history, the tions with Native Hawaiians. In 2000, tunity for the Senate to consider this governmental authority in Hawaii is the Departments issued a report, From legislation. held by the State, local, and Federal Mauka to Makai: The River of Justice S. 147 the Native Hawaiian Govern- governments. For that reason, the bill Must Flow Freely. One of the primary ment Reorganization Act of 2005, does requires that following the reorganiza- recommendations in the report is that three things: (1) it establishes a process tion of the entity and the recognition legislation should be enacted which for Native Hawaiians to reorganize of the entity by the United States, the would provide Native Hawaiians with their governing entity for the purposes Native Hawaiian governing entity will greater self-determination within the of a federally recognized government- negotiate with the State and Federal federal framework over their assets to-government relationship with the governments regarding matters such as and resources. S. 147 would make this United States; (2) creates an office in the transfer of lands, assets, and nat- recommendation a reality. the Department of the Interior to focus ural resources, and the exercise of gov- The reconciliation process I referred on Native Hawaiian issues and (3) es- ernmental authority. Everything re- to is still an ongoing process. I see this tablishes an interagency coordinating mains status quo until addressed and measure as an important step in the group comprised of federal officials resolved in the negotiations process.

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.027 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5561 It is anticipated that Hawaii’s State ship with the United States. Many of that system of government that always Constitution is likely to require an my constituents ask that you enact has and allows us to be many and also amendment which will require the vote this bill because it provides a struc- to be one. They include the many Na- of all residents in Hawaii. It is also an- tured process for us to finally address tive Hawaiians who are members of the ticipated that implementing legisla- longstanding issues resulting from a Hawaii National Guard and who are tion at the state and federal levels will painful history so that we can all move called away from their families to be required to implement negotiated forward as a State. serve in operation Iraqi Freedom. matters. This is what I referred to as Mr. AKAKA. After 6 long years, we Moreover, it is a well-documented fact the structured process that would will be voting tomorrow on a motion to that native peoples have the highest allow the people of Hawaii to address invoke cloture to proceed to S. 147. per capita rate of those serving in our the longstanding issues resulting from Whether you are for or against it, I ask military. the overthrow of the Kingdom of Ha- all Members to let this bill come to the That is why it is absolutely offensive waii. This process is inclusive and al- Senate so we can discuss its merits. It to read mischaracterizations of this lows for all interested parties to paris only through this dialog, through bill as an effort to secede from the ticipate. the airing of facts and the dismissal of United States. Opponents of my bill have sought to misunderstandings and myths, that we What this bill really does is provide a either mischaracterize potential out- can provide a fair and honest consider- structured process to finally address comes or to predetermine the process. I ation of what this measure really long-standing issues resulting from a have opposed both efforts. As you can means to Native Hawaiians as well as dark period in Hawaii history, the see, enactment of this bill alone does to this great Nation of ours. That is overthrow of the kingdom of Hawaii. A few weeks ago I took time to talk not, for example, allow for the native what this honorable body has always about Hawaii’s history. I have given a government to exert criminal and civil done. This is why we gather in this review of that history and its ramifica- jurisdiction over people in Hawaii. Senate to discuss matters of law and tions on this measure. I believe it is ab- Rather, for the Native Hawaiian gov- governing and of fairness and of human solutely essential for anyone voting on erning entity to exert any jurisdiction, and civil rights. this bill to understand historical con- At the heart of it, this bill is about the state and federal government text. I strongly encourage all Members fairness and about creating a process would need to agree to allow the Na- to again review this history because to achieve it. Native Hawaiians have tive Hawaiian governing entity to exer- there remain issues stemming from the cise such authority. Implementing leg- been recognized as indigenous peoples overthrow that have not been ad- islation at the state level would also by Congress. After more than 160 stat- dressed because of apprehension based need to be enacted to make this a re- utes, for more than 100 years, Congress on emotions rather than facts. ality. has treated Native Hawaiians in a man- Instead, there has been fear of where Others have sought to predetermine ner similar to American Indians and these discussions might lead, causing this matter. Given the inclusive proc- Native Alaskans. But when it comes to people to avoid the issue altogether. ess that the bill provides, and the fact having a process and Federal policy on Such behavior has led to frustration that the people of Hawaii need to ad- self-governance and self-determination, and misunderstanding between some dress these matters, I do not believe it Native Hawaiians have not been treat- Native and non-Native Hawaiians. But is appropriate for Congress to predeter- ed equally. let me bring this complex history and mine the outcome of this process. What this bill does is authorize a how it has affected us down to a more Given everything that I have shared process to examine whether a policy of human scale and to a more personal with you, I would hope that you agree self-governance and self-determination level. with me. can be extended to Native Hawaiians, As young child, I was discouraged Finally, before I conclude, I’d like to thereby creating parity in the way the from speaking Hawaiian because I was speak briefly about what this bill does United States treats its indigenous told it would not allow me to succeed not do. The enactment of S. 147 will peoples. in the Western World. My parents, God not lead to gaming in Hawaii. There is We have bipartisan support for this bless them, lived through the over- only one federal statute that author- bill. I extend my deep appreciation to throw and endured the aftermath, izes gaming in Indian Country, the In- its cosponsors, Senators CANTWELL, when all things Hawaiian, including dian Gaming Regulatory Act, and it COLEMAN, DODD, DORGAN, GRAHAM, language, hula, custom, and tradition, does not authorize Native Hawaiians to INOUYE, MURKOWSKI, SMITH, and STE- were viewed negatively. I was discour- game. In addition, the State of Hawaii VENS for their unwavering support. aged from speaking the language and is one of two states in the union that Again, I especially want to honor Ha- practicing Hawaiian customs and tradi- criminally prohibits all forms of gam- waii’s first Republican Governor, Gov- tions. I was the youngest of eight chil- ing. Therefore, gaming by the entity ernor Lingle, in 40 years. Despite our dren. I remember as a young child would only be allowed with changes to different political affiliations, Gov- sneaking to listen to my parents so both federal and state law. ernor Lingle, Hawaii’s Attorney Gen- that I could maintain my ability to un- The enactment of this bill also does eral Mark Bennett, Hawaiian Homes derstand the Hawaiian language. My not impact funding for Indian pro- Commission Chairman Micah Kane, experience mirrors that of many other grams and services. As I described ear- and the rest of the Lingle administra- Hawaiians of my generation. lier, Congress has established programs tion have worked tirelessly with us to While we dealt with the stigma of and services for Native Hawaiians. support this bill. being Hawaiian, my children have had These programs are appropriated from While that may surprise some in the advantage of growing up during a accounts completely separate from Washington, DC, you have to under- period of revival for Hawaiian lan- those that fund Indian programs and stand back home, support for Hawaii’s guage, custom, and tradition. My services. The bill clearly states that it indigenous peoples is a nonpartisan grandchildren, who can speak Hawaiian does not create eligibility for Native issue. We see our diversity as our and know so much more about our his- Hawaiians to participate in Indian pro- strength and not as a threat. It is a tory, also benefited from this revival. grams and services. point of pride and a thing that unites, It is this generation, knowing the his- I will conclude where I began. Col- not divides us. We embrace our diver- tory, that grows impatient with the leagues, for the people of Hawaii, na- sity and celebrate it as part of our so- lack of progress and efforts to resolve tive issues are not partisan. Many of cial fabric. It is who we are as a people longstanding issues. It is this genera- my constituents merely ask that we do and as a State. That is why we are not tion, steeped in American values of jus- right by Hawaii’s indigenous peoples threatened by efforts to preserve and tice, equality, and self-determination, and enact this measure that provides strengthen the culture and traditions who cannot understand why we have Native Hawaiians with the opportunity of Hawaii’s indigenous peoples. not yet resolved these matters. It is for to reorganize their governing entity for Let me also say that the people of this and future generations that we the purposes of a Federally recognized Hawaii, including Native Hawaiians, have written this bill to address these government-to-government relation- are proud to be Americans and to share important issues.

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.028 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5562 CONGRESSIONAL RECORD — SENATE June 7, 2006 There are those who have tried to say is one of only two States that crimi- In this grand experiment of democracy, that my bill will divide the people of nally prohibits all forms of gaming. we have found we can be many and yet Hawaii. I believe my bill goes a long Therefore, gaming would only be al- be indivisible. The United States of way to unite the people of Hawaii by lowed with changes to both Federal America has pledged itself to liberty providing a structured process to deal and State law. and justice for all people. This bill does with unresolved issues and unhealed Enactment of this bill does not im- that for the Native Hawaiians. wounds that have plagued us since 1893. pact funding for Indian programs and I yield the floor. Essentially, the Native Hawaiian services. Congress has established sepa- The PRESIDING OFFICER. There Government Reorganization Act does rate programs and services for Native are 2 minutes 7 seconds remaining on three things: One, it establishes a proc- Hawaiians. These programs are appro- the minority’s time. ess for Native Hawaiians to form a gov- priated from accounts separate from Mr. AKAKA. I suggest the absence of ernment-to-government relationship those that fund Indian programs. More- a quorum. with the United States. Two, it creates over, the bill clearly states that it does The PRESIDING OFFICER. The an office in the Department of the Inte- not allow Native Hawaiians to partici- clerk will call the roll. rior to focus on Native Hawaiian pate in Indian programs and services. The bill clerk proceeded to call the issues. And three, it establishes a co- Finally, gaining an understanding of roll. ordinating group comprised of officials a history of a culture and people we are Mr. ALEXANDER. Mr. President, I from Federal agencies who implement not familiar with is not an easy task. I ask unanimous consent that the order programs impacting Native Hawaiians. commend Members of the body for for the quorum call be rescinded. But it is the process for reorganizing a doing their homework. It can be so The PRESIDING OFFICER. Without governing entity that has received the easy to simply dismiss this bill as ra- objection, it is so ordered. most attention. That is why I am very cially based, as a threat to the sov- Mr. ALEXANDER. Mr. President, I proud of the careful balance between ereignty of the United States or as a said earlier that I think we will hear structure and flexibility provided in ploy for one group to gain an on the Senate floor many times during this process. Native Hawaiians will undeserved advantage. The harder task this debate about the enormous respect truly be able to make critical decisions is a studied one. But it is the right one. we have for our two colleagues from in shaping their government. If I might take you back in history Hawaii and how much we would prefer Some have asked: Why do you need one more time for just a moment: In not to disagree with them. I think it is to reorganize a governing entity? My the 1840s, recognizing the strategic im- fair to say that this bill would not have answer is simple: Our country’s history portance of the Hawaiian Islands, the a chance of being seriously considered requires it. Our sense of justice and great maritime powers of the day— on the floor if it weren’t for our respect fairness requires it. When the kingdom principally England, France, and the for them. of Hawaii was overthrown, our native United States—jockeyed for positions Despite that respect, I have to say, peoples were not allowed to retain of advantage, even as they acknowl- after hearing the Senator from Hawaii, their governing entity. Article 101 of edged the islands as an independent na- this bill is worse than I thought. Many the Constitution of the Republic of Ha- tion. It was a time of much inter- of my colleagues in the Republican waii required prospective voters to national intrigue. Urged on by local caucus have come to me and said this swear an oath in support of the Repub- British residents, the commander of is not about sovereignty or about race. lic and declare that they would not, ei- the British squadron in the Pacific sent The Senator from Hawaii made very ther directly or indirectly, encourage an armed frigate to Honolulu to ‘‘pro- clear that this is about sovereignty. He or assist in the restoration or estab- tect British interests.’’ said in his own words that this is a bill lishment of a monarchy in the Hawai- King Kamehameha III was forced to to create—he says ‘‘restore’’—let’s just ian Islands. The overwhelming major- yield to British guns, and for 5 months say establish—a new government with- ity of the Native Hawaiian population, the islands were placed under British in the United States of America, and loyal to the Queen at that time, re- rule. International pressure, as well as admission to that government is based fused to swear to such an oath and was personal intervention from Queen Vic- upon race. So you cannot pass this bill thus effectively disenfranchised. toria herself, eventually forced the off and say it is not about sovereignty. Similarly, at the time of annexation, British Government to declare the ac- It is about sovereignty. There is no dif- an overwhelming number of Hawaiians tion as unauthorized. On July 31, 1843, ference of opinion about that between signed a document of protest referred the Hawaiian flag was raised once the Senator from Hawaii and me. to as the Ku’e petition—it is this docu- again. He said specifically that the first ob- ment that I have—as a substantial During a service of thanksgiving held jective of this legislation is to estab- number of Native Hawaiians signed at historic Kawaiahao Church in Hono- lish a process to establish a govern- this document in further protest of lulu, Kamehameha III recited a phrase ment which would have a government- what had happened to their govern- that has since become Hawaii’s State to-government relationship with the ment. Despite the lack of a govern- motto: Ua mau . . . ke ea . . . o ka aina United States. That is a sovereign gov- ment, Native Hawaiians have main- . . . I ka pono—the life of the land . . . ernment composed of American citi- tained distinct communities and per- is perpetuated . . . in righteousness. zens who would now become part of a petuated their culture, tradition, cus- That has always been the case, not new government because they might be toms, and language. only in Hawaii but throughout our Na- a small percentage Native Hawaiian, Opponents of the bill say I am cre- tion’s history. and certain benefits would come to ating a new government. I believe I am The people of Hawaii are asking that them. So it is about sovereignty and providing an opportunity for the res- we do right by Hawaii’s indigenous peo- race. toration and reorganization of a gov- ples and enact this measure that pro- Why is that a problem? Let me add ernment that once existed and was un- vides Native Hawaiians with an oppor- that the Senator from Hawaii referred justly removed. tunity for self-determination and self- to this new sovereignty as their gov- Before I conclude, I wish to speak governance. They ask that we enact ernment. But we have one government. briefly about what this bill does not do. this bill because it provides a struc- That’s why there are Americans, just This bill will not result in the taking tured process to finally address long- like my family, which is Scotch-Irish of private lands in Hawaii. No one will standing issues resulting from a pain- American, like those of African de- lose their home or business because of ful moment in our history, so that we scent who are Americans, and like my bill. The enactment of S. 147 will can move forward as a State. They ask those of every descent who are Ameri- not lead to gaming in Hawaii. There is that we enact this bill because it is cans, who share in our government. only one Federal statute that author- just, because it is fair, because it is the That is what is special about this izes gaming in Indian Country—the In- right thing to do. country. Of course we admire our di- dian Gaming Regulatory Act. And it We are a nation of immigrants, and versity. What a great strength diver- does not authorize Native Hawaiians to we celebrate our diversity every day at sity is. No country is more diverse. We game. In addition, the State of Hawaii dining room tables around the country. are a land of immigrants. Out of that

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.075 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5563 great mix comes our strength. But who might like to establish a nation. is not American. That might be the there is one greater strength, and that This Nation isn’t without pain. We United Nations, but it is not the United is taking all of that diversity and mak- have stories from our beginning, States. It is not consistent in the most ing one country of it. whether it is Native Americans, wheth- basic ways with the history of this How do we do that? We do it in an exer it is African Americans, whether it country. traordinary way that goes all the way is Mormons who may have felt mis- So I hope that my colleagues, who back to Valley Forge, when George treated, murdered in State after State, have considered this legislation as Washington administered an oath to whether it is one religion today— maybe not too important, as some- his officers that said: maybe it is Hasidic Jews or an Amish thing that should be done primarily I renounce, refuse, and abjure any alle- group. There are a great many people out of respect for our two distinguished giance or obedience to the king, and I swear who, in our history, may not have been friends from Hawaii, will look at this that I will, to the utmost of my power, sup- properly treated. But an understanding carefully and not be lulled in by com- port, maintain, and defend the United States of American history is that it is a ments that this isn’t about sov- of America. great saga of setting high goals for our- ereignty. I think Senator AKAKA was Now, new citizens of this country selves and then always moving toward very candid and very direct when he have ‘‘become Americans’’ ever since those goals. We never reach them. We said the first objective of this bill was then by taking that same oath. In the say ‘‘all men are created equal,’’ but to establish a process to create an enti- immigration bill we passed a couple we have never been. The men who ty which would have a government-to- weeks ago, we codified that oath. So wrote that owned slaves. But what government relationship with the every year, a half million people come have we done? We have systematically, United States. here from countries such as Ban- over our history, chipped away, moving Mr. President, this is a dangerous gladesh, China, France, and every part ahead, falling back, fighting a great precedent. It is the reverse of what it of the world. They don’t come to salute Civil War, saving the Nation, waiting means to be an American. We have India or speak the language of China or another hundred years before African other issues that should come to the to adopt the principles of France. They Americans could sit at a lunch counter floor before this. I hope colleagues will respect where they came from, and in Nashville, always moving toward think carefully before moving ahead on they are proud of it, but they become that goal. Most of the debates in this this piece of legislation. Americans. We don’t do it based on Senate are about establishing high I see the Senator from Alabama has race. We don’t do it based on ancestry. goals—pay any price for freedom, equal arrived. We do it based upon a few principles in opportunity, E pluribus unum. Those I yield the floor. The PRESIDING OFFICER. The Sen- our founding documents. One of those are our goals, and we never reach is that we don’t discriminate based ator from Alabama is recognized. them, but we always try for them. Mr. SESSIONS. Mr. President, I upon race or ancestry, and another What is our goal here? Our goal is thank the Senator from Tennessee, Mr. great principle is E pluribus unum, that we should hope that every single ALEXANDER, for his thoughtful com- which this bill would turn upside down. citizen in this wonderful State of Ha- So this is not a bill which should be ments on this subject and other related waii be equal—if there ever were a passed just because we greatly respect subjects. He taught me a phrase that multiethnic, diverse State, it is Ha- our colleagues, which we do. But Ha- he uses, which is that we need to make waii. It is a wonderful example of our waiians are Americans. Tennesseans sure everyone who grows up in this diversity. According to the 2000 census, are Americans. Oklahomans are Ameri- country knows what it means to be an 40 percent of Hawaiians are of Asian cans. Hawaiians have been American American. To be an American is not a descent, 24 percent are White, 9 percent citizens since 1900. In 1959, they voted racial thing. An American is a person say they are Native Hawaiian or Pa- 94 percent to become a State, to be who adopts the American ideal of equal cific Islanders, 7 percent claim to be Americans. When you become Amer- justice under law, without regard to ican, you renounce your allegiance to Hispanic, 2 percent Black. Twenty-one race, religion, national origin, or any some other government and pledge al- percent report two or more racial iden- other matter of that kind. legiance to the United States of Amer- tities. There is much diversity of which Our Founders of this Nation were ica. If we don’t do that, we take step Hawaiians are proud and of which we very wise in a number of important toward being a sort of United Nations are proud. What unites them? What ways. One of the most important ways instead of a United States. unites us all is that we have become was they had a clear vision of the Na- I hope my friends, who have looked Americans. We are proud of where we tion they birthed and they saw it far at this bill and said: We love our col- came from, proud of our ancestry, but into the future. They always consid- leagues and this doesn’t seem like a prouder to be American. ered the importance of principle be- very important bill, so let’s do it for There may be some issues that need cause principle was important to the them, will look at the assault upon a to be addressed. We can find ways to growth and progress of the Nation they tremendously important principle em- address them. There may be some loved for the long term. They never bedded in this bill. It is about sov- wrongs that need to be righted. Cer- failed to think of the impact their ac- ereignty. It is about land and money. It tainly, Native Hawaiians would want tions may have on the future, even the is about race. It is not the same as to renew their culture and their cus- distant future of the country they what we did in Alaska. Native Hawai- toms and their language. All of us do birthed, the country they loved. ians are not just another Indian tribe. that. I go to my family reunion of I do not believe we are as thoughtful We don’t create Indian tribes; we rec- Scotch-Irish Presbyterians every sum- today in that matter as we used to be. ognize Indian tribes. This is not an In- mer. I have been to the Italian-Amer- Too often, we make decisions based on dian tribe under the language of our ican dinner here in Washington, DC. I perceived immediate needs or on polit- laws. never went to an event where there was ical forces at the time or friendship or I am afraid that what has happened more emotion or Italianness. But the some deal we thought we were forced here is that in 1998, the Supreme Court greatest emotion came when the to make or needed to make at a given of the United States made a decision Italian Americans stood up and pledged time; and too seldom in this busy, hec- and they said Native Hawaiians could allegiance to the United States. They tic place do we take the time to con- not have an organization if the voting didn’t have a problem saying: We are sider the long-term implications of our membership was based upon being Na- proud to be Italian, but we are prouder actions on the great Republic which we tive Hawaiian because the 15th amend- to be American. So how could we be se- have been given. ment to the U.S. Constitution says you riously discussing on the floor of the We simply must think in the long cannot vote based on race. So this is an Senate establishing for 400,000 Ameri- term in a principled way as we consider attempt—it is a breathtaking at- cans who live there, I think from al- the Native Hawaiian legislation. It is tempt—to establish a new nation with- most every State of this country, a not too much to say the legislation in the United States of America. new government based on race to could create a crack in the American I suppose there might be a lot of ag- which they would be privileged and the ideal of equal rights and colorblind jus- grieved people in the United States rest of us could not be a part of? That tice. This would be a huge step. It is a

VerDate Aug 31 2005 03:24 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.076 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5564 CONGRESSIONAL RECORD — SENATE June 7, 2006 step we must not take. This Nation in of the unique characteristics possessed cern with the bill’s discriminatory im- its maturity and wisdom must not suc- by recognized tribes. Native Hawaiians pact. cumb to any balkanization of America. never lived as a separate, distinct, ra- The Commission is an independent A great nation must set crystal clear cially exclusive community, much less Government agency tasked with the policies on these matters, crystal clear exercise sovereignty over Hawaiian duty to examine and resolve issues re- policies on this question. The Republic lands. They never established organiza- lated to race, color, religion, sex, age, must firmly reject, must nip in the bud tional or political power. They never disability, or national origin. It is com- now and whenever it may appear in the lived under a racially exclusive govern- posed of eight members, though cur- future, any notion of creating sov- ment. All Hawaiians, regardless of rently only seven. Four are appointed ereign governments within our borders race, were subjects to the same mon- by the President and four are ap- unless they meet every criteria of the arch in 1893. In other words, Native Ha- pointed by Congress. At no time may Indian Tribe Program. waiians have never exercised inherent more than four members of the same National Review said in a recent arti- sovereignty as a native indigenous peo- party sit on the Commission. cle: ple, as the bill asserts and must assert Pursuant to its authority to submit if it were to have any chance of with- reports, findings, and recommendations You might have thought after watching to the Congress, the Commission re- the immigration debate that the Senate standing constitutional muster. could not be more cavalier about the unity Nonetheless, the bill would carve out leased their report last month on this and sovereignty of the Nation. Think again. a special exemption in the Constitution bill recommending ‘‘against the passage of the Native Hawaiians Govern- The Senate is about to vote to pave the way for these people based on race solely. A ment Reorganization Act or any other with a bill to create a race-based government special exception being sought for Na- which is on the verge of passing. legislation that would discriminate on tive Hawaiians is extraordinary. the basis of race or national origin and This bill has been around a number of Under the bill, there is no guarantee further subdivide the American people years, but we have never had a full de- that members of a new government into discrete subgroups accorded var- bate about it. Unfortunately, many in would be subject to constitutional ious degrees of privilege.’’ Congress don’t seem to fully under- rights and protections, such as the stand yet the enormous implication of That is strong language. I submit first, fourth, and 15th amendments. that is what the bill does. I submit establishing what can really fairly be The U.S. Constitution guarantees to said to be a race-based government. that is why we should not pass it. every citizen a republican form of gov- Let me repeat that. They oppose this And further, the American people have ernment, and this has been defined to act and any other legislation that not been informed of the breadth and mean all the protections of our Con- would ‘‘discriminate on the basis of significance of the legislation. That is stitution. race or national origin and further sub- why it is good we are having the debate At a minimum, the Founding Fathers divide the American people into dis- at this time. intended that a republican form of gov- crete subgroups accorded varying de- We must talk about it. We ought to ernment ensure popular rule and no grees of privilege.’’ And, I would add, let the American people know that this monarchy, but under this bill, nothing based on their national ancestry or bill would create a nation out of United guarantees these basic principles will race. States citizens. The territory known as be honored. This new government, this ThIs report was issued after—the Hawaii is the epitome really of our new sovereignty will be free to rein- Commission held a hearing on January country’s great melting-pot concept state a monarchy or establish any 20, 2006, where experts—both opposing and has always been made up of a di- other method of government they may and supporting the bill—testified about verse group of citizens with different choose. the legislation. The Commission held racial backgrounds. They are famous Essentially, persons who are now the briefing record open until March 21, for that. citizens of the United States and who 2006, to receive additional comments If we pass this bill, we will divide are now guaranteed these protections, from the public. Sixteen public com- them. The bill would result in the a republican form of government, ments were received during the period, State of Hawaii giving up substantial would now be turned over to a govern- and most of the commentators wrote lands to the new nation which would ment that is not bound to honor that. to express their opposition to the bill. begin a downward spiral from an Amer- One should not be deprived of the Interestingly, the report notes that ica that is based on a shared ideal to right to vote or be denied free speech ‘‘While most commenters oppose the one where race, ancestry, our nation- or have property taken without due legislation, the governmental and in- ality constitute a legally approved process. These are deeply rooted prin- stitutional commenters primarily sup- basis for segregation and really dis- ciples in the United States, but they port it. The report also states that crimination. will not be guaranteed as part of a Na- ‘‘Many [opponents] argued, in very per- What is discrimination? Discrimina- tive Hawaiian government. Under the sonal terms, that the proposed legislation is saying you have an advantage bill, Congress would strip United tion would be inconsistent with basic or a disadvantage based on race. States citizens of these and other great American principles of equality, tradi- This legislation seeks to create an protections they now enjoy. tional Hawaiian values, and their own extra constitutional race-based govern- Perhaps this is why there is a lot of personal ethics. ment of Native Hawaiians by arbi- unease in Hawaii about this legisla- Commission Chairman Gerald A. trarily labeling that race of people as tion. Indeed, so many residents oppose Reynold, himself an African American, an Indian tribe. it. In May of 2006, in a telephone pole, agreed with opponents, stating that: Essentially, it seeks to create a sov- 58 percent of Hawaiian residents said I am concerned that the Akaka Bill would authorize a government entity to treat peo- ereign entity out of thin air, something they opposed the bill. Of the respond- ple differently based on their race and eth- that the Supreme Court said as far ents identifying themselves as Native nicity . . . This runs counter to the basic back as 1913 cannot be done. Indian Hawaiian, only 56 percent said they American value that the government should tribes existed before our Constitution, supported it. Of the Native Hawaiians, not prefer one race over another.’’ before our Nation, in many cases, with only a little more than half said they In a case called Rice v. Cayetano, the continuity of leadership, centralized supported it. Given this split among Supreme Court found a similar attempt locality, and cultural cohesiveness. even Hawaiians, is it not surprising to create a race-based classification Therefore, the United States recognizes that 50 percent of all respondents said unconstitutional. In that case, the qualified Indian tribes as sovereign en- they want a vote on the bill before it Court struck down a race-determina- tities. Indeed, we signed treaties with becomes law, which is not provided for tive voting restriction in Hawaii as a many of them and made promises in in this legislation? violation of the fifteenth amendment, those treaties to provide them certain I will share a few thoughts by the which bars racial restrictions on vot- degrees of sovereignty. U.S. Commission on Civil Rights. They ing. By a vote of 7 to 2, the Court held Equating Native Hawaiians with a le- oppose the bill. The U.S. Commission unconstitutional a system under which gitimate Indian tribe is not possible on Civil Rights voted recently to op- non-Native Hawaiians were barred because Native Hawaiians share none pose the legislation because of its con- from voting for or serving as

VerDate Aug 31 2005 05:04 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.077 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5565 trustees of the State’s Office of Hawai- and distinct community. Yet, Native be a chaotic intermixing of different ian Affairs. Finding that the fifteenth Hawaiians live in almost every state in rules and regulations throughout the amendment protects the rights of the Nation and have fully integrated entire country. Native Hawaiian busi- Whites, Asians, Hispanics, and persons into American society. Native Hawai- ness owners, exempt from state and of other races in Hawaii just as it pro- ians do not live as a cohesive, autono- local taxes, could displace non-Native tects all other individuals against ra- mous group of people and have not Hawaiian business-owning neighbors, cial discrimination, the Court stated: done so at any point in history. Rather, giving them an enormous competitive One of the reasons race is treated as a for- they are fully immersed in all aspects advantage. Further, the bill could con- bidden classification is that it demeans the of American life. For example, almost ceivably lead to complete secession dignity and worth of a person to be judged by half of all marriages in Hawaii are from the United States. In fact, a ancestry instead of by his or her own merit interracial. Hawaiians serve in the U.S. group of supporters, including the and essential qualities. An inquiry into an- military, dedicating their lives to the State of Hawaii’s own Office of Hawai- cestral lines is not consistent with respect service of America. They are a part of based on the unique personality each of us ian Affairs, views this bill as a poten- possesses, a respect the Constitution itself American culture and certainly do not tial step towards ‘‘total independence.’’ secures in its concern for persons and citi- live separate and distinct from the rest On a website operated by that agency, zens. of us. the following passage appears under a Proponents of this bill seek to cir- The BIA requires a tribe to dem- section called, ‘‘How Will Federal Rec- cumvent this Supreme Court decision onstrate that it had a preexisting polit- ognition Affect Me?’’ by completely separating the Native ical organization. Yet, no political en- [The bill] creates the process for the estab- Hawaiian community into its own sov- tity—whether active or dormant—ex- lishment of the Native Hawaiian governing ereignty, placing it and its members ists in Hawaii that claims to exercise entity and a process for federal recognition. outside of Constitutional protections. any kind of organizational or political The Native Hawaiian people may exercise This is the only way it can be done. power. Knowing this, the bill’s advo- their right to self-determination by selecting Instead of carving Native Hawaiians cates rely on findings in the bill declar- another form of government including free out from constitutional protections, ing that ‘‘Native Hawaiians’’ exercised association or total independence. and separating them from America, we ‘‘sovereignty’’ over Hawaii prior to the How breathtaking is that? We simply must uphold constitutional principles, fall of the monarchy in 1893, and that it cannot return to a government where as well as American—especially Hawai- is therefore appropriate for Native Ha- different races of Americans are gov- ian—ideals, by not discriminating waiians to exercise their ‘‘inherent sov- erned by different laws. against anyone on account of race. ereignty’’ again. This argument is fa- The bill itself does not require any Our Constitution seeks to eliminate tally flawed because there was no race- percentage of Native Hawaiian blood racial separatism, not promote it. How based Tribal Hawaiian government in for inclusion in the new race-based gov- can we promote equality while sepa- 1893, so there is no ‘‘Native Hawaiian’’ ernment, which could therefore include rating our people into distinct, legally- government to be restored. Since the someone with only ‘‘one drop’’ of na- recognized racial sovereignties with early 19th century, the Hawaiian ‘‘peo- tive blood. Hawaiians with significant more or less rights and still be ‘‘one ple’’ included many native-born and traceable blood heritage oppose the nation’’? naturalized subjects who were not ‘‘Na- bill, in part, for this very reason. Those Because they existed prior to the es- tive Hawaiians’’ in the sense of this Hawaiians with at least 50 percent tablishment of our Constitution and bill—those people included Americans, blood quantum were given Federal as- Federal Government, Native American Chinese, Japanese, Koreans, Samoans, sistance and lands by the Hawaiian Indian tribes have long been recognized Portuguese, Scandinavians, Scots, Ger- Homes Commission Act of 1921, a re- as sovereign entities—most signed mans, Russians, Puerto Ricans, and quirement which still exists today, treaties to that effect. Greeks. All were subjects of the mon- with the only exception being for chil- Tribes have never been, nor can they arch, not just those with aboriginal dren of homesteaders with 25 percent now be, created out of thin air by Con- blood. Further, Hawaiian government, blood quantum. gressional legislation. Instead, ‘‘tribes’’ including the monarchy that existed Doesn’t this entire process of divid- seeking recognition after statehood until 1893, always employed non-Na- ing money, property, and benefits must adhere to a process established by tives, even at the highest levels of gov- based on a person’s race—the percent- the Federal Government. To be for- ernment. Therefore, it would be impos- age of ‘‘blood’’ they have—sound an mally recognized, a tribe must dem- sible to ‘‘restore’’ the ‘‘Native Hawai- alarm? Yet this bill positively seeks to onstrate that it has operated as a sov- ian’’ government of 1893—as the bill divide people based upon race and ereign for the past century, was a sepa- purports to do—because no such ra- blood—all in the name of apology and rate and distinct community, and had cially-exclusive government—or na- restitution. a preexisting political orgranization. tion—ever existed. What about the French who held the The Native Hawaiian people cannot If there ever was a time for Native Louisiana territory? Should they be meet these criteria and have conceded Hawaiians to establish themselves as given special benefits because we such on at least one occasion. In the an Indian tribe, it has long passed. forced them into a sale? case that I previously mentioned, Rice When Hawaii was considering state- We cannot go down this path. Not v. Cayetano, the State of Hawaii ar- hood, there was absolutely no push to only would all Americans suffer if we gued in its brief that: establish any tribal sovereignty. In sever Native Hawaiians from our Amer- [F]or the Indians the formerly independent fact, 94 percent of voters supported ican community, but those individuals sovereign entity that governed them was the statehood in 1959, and at the moment it who would become citizens of a Native tribe, but for native Hawaiians, their formerly independent sovereign nation was the was attained, all people living in the Hawaiian sovereignty would lose rights Kingdom of Hawaii, not any particular territory became full-fledged citizens that we as Americans cherish. ‘tribe’ or equivalent political entity. . . . of the United States of America. They One of the many lessons learned from The tribal concept simply has no place in the deserve every protection that our Con- the Civil War is the importance of na- context of Hawaiian history. stitution ensures. tional unity. Abraham Lincoln referred Let me reiterate and further explain There are many practical con- to the principle of secession as ‘‘one of why Native Hawaiians cannot meet the sequences of this legislation that must disintegration, and [one] upon which Bureau of Indian Affairs’ standards for be considered. If this bill passes, it no government can possibly endure.’’ tribal recognition. Those standards would allow for the creation of Hawai- We fought a war over the issue, and boil down to two basic requirements: ian ‘‘tribes’’ in every State. This would the question was settled for all time. one, the group must be a separate and have extreme social consequences— We are one Nation and will not be sepa- distinct community, and two, a sporadic pockets of people in almost rated—whether by secession of a State prexisting political entity must be every State would be governed dif- or a racial group. Certainly we cannot present. ferently than their neighbors and promote this state-sanctioned racial The BIA requires a tribe to dem- would be immune from State and Fed- separatism. If passed, this bill would onstrate that it represents a separate eral laws and taxes. The result would create a slippery slope that could lead

VerDate Aug 31 2005 05:04 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.039 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5566 CONGRESSIONAL RECORD — SENATE June 7, 2006 to a host of pernicious possibilities for I yield the floor. The PRESIDING OFFICER (Mr. our future as a unified Nation. In an The PRESIDING OFFICER. The Sen- COBURN). The control by the majority editorial written last fall, Georgie ator from Idaho is recognized. has expired. Anne Geyer quoted the eminent histo- Mr. CRAIG. Mr. President, I quote: Mr. CRAIG. Mr. President, I ask rian Henry Steele Commager praising Hawaii illustrates the Nation’s revolu- unanimous consent to proceed for 3 the Founding Fathers for thinking tionary message of equality of opportunity more minutes. hard about the future—even the dis- for all, regardless of background, color, or The PRESIDING OFFICER. Is there tant future. They ‘‘couldn’t give a religion. This is the promise of Hawaii, a objection? Without objection, it is so speech or write a letter without talk- promise for the entire Nation and, indeed, ordered. ing about posterity.’’ the world, that peoples of different races and Mr. CRAIG. I thank my colleagues We cannot set a precedent that would creeds can live together, enriching each for allowing that to happen. allow every racial group in America to other, in harmony and democracy. This would establish a set of laws for become its own independent sov- That is Lawrence H. Fuchs, Hawaii Native Hawaiians and another set of ereignty. Native Hawaiians, just like Pono, 1961, written at the time of laws for non-natives, some of whom any other racial group in this country, statehood. have lived on the island for genera- are free to practice and promote their Today, with that quote in mind, I tions. This division would create a culture. They are free to pass down rise in opposition to the Native Hawai- wedge, in my opinion, in the Hawaiian their traditions from generation to ian Government Reorganization Act of community. It would create two sets of generation. America celebrates her di- 2006. As my colleague just mentioned, I laws for a group of people who live in versity, but she cannot allow her diver- respect both of my Hawaiian colleagues the same neighborhoods, attend the sity to divide her citizens. and the work they have done to pro- same schools, and go to church to- E Pluribus Unum—out of many, mote the culture and heritage of their gether. A Native Hawaiian could be one—is fundamental to our national native people. At the same time, I subject to one set of laws while his character. This bill seeks to turn that must disagree with the underlying no- neighbor is subject to a different set of fundamental principle upside down and tion of this bill. laws. I think not. would make us many out of one. The major argument in favor of this The legislation offends a founding Mr. President, I see my colleague bill is the notion that Congress should principle of this Nation: that all men from Idaho is in the Chamber. I will create a Native Hawaiian tribe in order and women are created equal—we have conclude with these thoughts. We are to treat them the same as American fought wars and struggled mightily as Members of this Senate particularly Indians and Native Alaskans. But Con- down through the decades to make charged with thinking about the long- gress cannot simply create an Indian that happen—not men and women with term future of our Republic. That is tribe. Only those groups of people who Hawaiian blood are equal, and those how we are today in a relatively have long operated as an Indian tribe, without Hawaiian blood are equal. healthy condition because our fore- lived as a separate and distinct com- That is a confusing thought. As the Su- fathers thought about those matters. munity—geographically and cul- preme Court stated, ‘‘In the eyes of the They thought about the principles on turally—and have a preexisting polit- government, we are just one race—it is which this Nation was founded. ical structure can be organized as a The concept is that once an Amer- American.’’ tribe. It is astonishing that Congress is ican, based on adoption of the Amer- Hawaiians could never qualify as an considering creating a race-based gov- ican ideal, you become an American re- American Indian tribe. First, they do ernment in Hawaii given the tremen- gardless of your race, your ancestry, not have the preexisting political your religion, or your national origin. dous progress that this Nation has structure. Prior to secession from the made, as I have mentioned, in elimi- That is who we are as a people. And I Republic of Hawaii, Hawaii operated submit, it is a matter of the greatest nating race as a distinguishing char- under a monarchy and not a tribe. danger that we move away from the acteristic among its citizens. Presump- Even if they were once organized in classical acceptance of Indian tribes to tive color blindness and race neutrality tribal governments, they have had no now start creating sovereign entities. is now at the core of our legal system Sovereign means independent, to a type of Native Hawaiian government and cultural environment and rep- certain degree uncontrollable by the for over 100 years. resents one of the most important U.S. Government. Sovereign entities Furthermore, in 1959, 94 percent of American achievements of the 21st cen- within our Nation based on race, with Hawaiians voted favorably to approve tury. people spread all over the Nation actu- the Hawaii Statehood Act and become To create a race-based government ally, being a member of a new govern- American citizens. would be offensive to our Nation’s comment, a new government that accord- At this time, there was an under- mitment to equal justice and the elimi- ing to the supporters and even the Ha- standing that Hawaii’s native people nation of racial distinctions in the law. waiian Web site indicates could lead to would not be treated as a separate ra- The inevitable constitutional challenge separation and independence, that is cial group and that they would not be to this bill almost certainly would not a step we ought to take. We need to transformed into an Indian tribe. reach the U.S. Supreme Court. We can- nip this in the bud. We need to end this Second, Native Hawaiians do not not simply circumvent the Supreme now. We need not go down this road. have an independent and separate com- Court’s holding and strict scrutiny of I so respect my colleagues from Ha- munity. In fact, Hawaii is one of the race-based tests. waii. They are committed to their peo- most integrated and blended societies The U.S. Civil Rights Commission ple. They understand the concerns of in America. Hawaii is, in essence, issued a report earlier this year that their citizens. They want to help them. America’s great melting pot. The cre- recommended that Congress reject this They have a particular desire to be ation of a Native Hawaiian race-based bill or any other legislation that would compassionate to the Hawaiian people, government entity would drive a wedge discriminate on the basis of race or na- the Native Hawaiians who have grown into the now harmonious melting pot tional origin and further subdivide the up on the islands for many years. But of the Hawaiian culture. This bill is American people into subgroups ac- I say with all due respect, in terms of asking us to pretend that a tribe ex- corded varying degrees of privilege. the overall National Government of isted based on the sharing of one drop This bill would authorize a government which we are a part and the principles of blood. We cannot simply reorganize entity to treat people differently based to which we must adhere, that we a tribe that never existed or create a on their race and ethnicity. Again, this should not go down the road creating new race-based government entity. notion runs counter to the basic Amer- an independent sovereign entity based Furthermore, using Congress to cre- ican value that the government should on race, as this bill would do. There- ate a tribe offends the very idea of not give preference to one race. fore, with reluctance and great respect equal protection under the law. Cre- Our most violent internal conflicts, for my colleagues who support this leg- ating a Native Hawaiian tribe, espe- whether in the 1860s or the 1960s, have islation, I urge our Members to vote cially one with no borders, undermines revolved around efforts to eliminate no. our constitutional rights. the laws of racial distinctions and to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.037 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5567 encourage a culture where all citizens son that I, and the other citizens of Ha- Indian tribe did not exercise federally- become comfortable as a part of the waii, ask you to do the right thing for recognized sovereign authority during American race. the Native Hawaiian people. the time its relationship with the Creating a race-based government in Some of our colleagues have also United States was terminated, this was Hawaii would create a dangerous prece- questioned Congress’ authority to deal not a barrier to an exercise of Con- dent that could lead to ethnic balkani- with Native Hawaiians. But after serv- gress’ power to restore the federal rec- zation. This is a huge step backwards ing for 28 years on the Committee on ognition of the native government. in our American struggle to advance Indian Affairs, with approximately sev- When Congress exercises its author- civil rights and to ensure equal protec- enteen years as either the Chairman or ity in this manner, it is not ‘‘creating’’ tion for all Americans under the law. the Vice Chairman, I am very informed sovereignty nor is it ‘‘creating’’ a na- This journey is by no means com- of the law that governs the Federal re- tive government. Native sovereignty plete, but this bill halts progress in lations with the aboriginal, native peo- preexisted the formation of the United that very important journey and sends ple of the United States. As such, I States. For the purpose of carrying on an entirely contrary message—a mes- want to assure everyone that Congress government-to-government relations, sage of racial division and racial dis- possesses the authority to pass this the form of native government is irrel- tinction and ethnic separatism and of measure. evant. rejection of the American melting pot Congress’ authority over Indian mat- Congress established the Indian Reor- ideal. ters has been repeatedly affirmed by ganization Act of 1934 to provide a As many of our colleagues have said, the United States Supreme Court. Its process for the reorganization of other and I repeat: We so respect our Hawai- power is explicit in the Constitution. It native governments. This Act does not ian colleagues, our Hawaiian friends; at derives from the Indian Commerce require that Native governments be or- the same time, we must reject this idea Clause, Article I, Section 8, clause 3, ganized as tribes. Senate bill 147 pro- that there is a separation spoken to in which vests Congress with the power to poses to provide a similar process for this law unique to a race or a culture. regulate commerce with the Indian Native Hawaiians. Although Native Hawaiians are not I yield the floor. tribes. It also stems from the Treaty Indians nor are they organized as In- The PRESIDING OFFICER. The Sen- Clause, which authorizes the Federal dian tribes, Congress is not precluded ator from Hawaii. Government to enter into treaties with from dealing with them in the manner Mr. INOUYE. Mr. President, I rise at other nations, as was done with various proposed by the bill. The Constitution this moment to join Senator AKAKA Indian tribes and the Native Hawaiian is a living document. The authors of speaking in support of the measure be- government. Although the Constitu- the Constitution intended that Con- fore us this day. tion does not authorize the Congress to gress’ authority to deal with Indian This bill, which is long overdue, fi- make treaties, this provision does au- nally will have a chance for fair consid- tribes include all aboriginal, indige- thorize Congress to address matters nous people of the United States, in- eration by this body. I hope this bill with which the treaties made pursuant will finally begin the process of extend- cluding American Indians, Alaska Na- to that power pertain. tives and Native Hawaiians, wherever ing a Federal policy of self-governance In addition, the Court has found that they were located and however they to Native Hawaiians and will repair the Congress’ power over Indian affairs de- were organized. injustices of the past. rives from the Property Clause, Article The Supreme Court has affirmed Con- As I sat here listening to the speech- IV, Section 3, Clause 2, which vests the gress’ authority over other aboriginal, es, I must candidly say that I was a bit Congress with the authority to ‘‘dis- indigenous people of the United States, disappointed that some of my friends pose of and make all needful Rules and regardless of whether they are ‘‘Indi- who oppose this measure have Regulations respecting the Territory ans’’ or organized as a ‘‘tribe,’’ as those mischaracterized the history of my or other Property belonging to the terms are defined today. It is irrele- State. United States.’’ This provision was vant whether the native peoples are lo- Hawaii’s history, as recounted by used by Congress to set aside public cated within the original territory of Senator AKAKA, is well-documented. lands for the use of Alaska Natives and the United States or in territory subse- After Captain James Cook arrived in a colony, established for scattered, un- quently acquired, whether within or Hawaii, other foreigners came to the related Indians. In Hawaii, approxi- without the limits of a state. In pre-co- islands, often as laborers. Over the en- mately 203,500 acres of land were simi- lonial times, the term ‘‘Indian’’ was de- suing years, like other Native people larly set aside for Native Hawaiians. fined to mean ‘‘native’’ or ‘‘the aborigi- who carried no immunities to the dis- And Congress’ authority over Indian nal, indigenous people’’ and the term eases that accompanied the waves of affairs also derives from the Debt ‘‘tribe’’ was defined to mean ‘‘a dis- immigrants to their shores, the Native Clause and, like any other national tinct body of people.’’ Hawaiian population was reduced from government, its inherent authority Correspondence between James Mon- estimates as high as several hundred that is a necessary concomitant of na- roe and James Madison concerning the thousand people at the time of first re- tionality. construction of what was to become corded western contact to a little over Congress’ authority is broad and ple- the Commerce Clause make no ref- forty thousand. An 1854 smallpox epi- nary. The Federal policy towards the erence to Indian tribes, but they do dis- demic, for instance, took the lives of aboriginal, indigenous people has not cuss Indians. Clearly, our founding fa- 6,000 people—almost 10 percent of the been constant nor consistent. But thers did not intend the term ‘‘Indian population at that time. changing Federal policy is fully within tribes’’ as used in the Constitution to Along with the decimating diseases, the scope of Congress’ authority. Con- only extend to those pre-existing In- the social and economic conditions of gress has exercised this authority to dian tribes that were dependent na- the Native Hawaiians deteriorated as recognize the inherent sovereignty of tions at the time of the framing of the well. The influence of non-Native Ha- an Indian tribe, to terminate the gov- Constitution. Under this interpreta- waiians continued to grow. On January ernment-to-government relationship tion, Congress would have no author- 17, 1893, the Hawaiian Kingdom was il- between the United States and an In- ity. legally overthrown with the assistance dian tribe, to establish a process for As Senator AKAKA relayed, the first of the United States. The United the reorganization of a tribal govern- recorded western contact with the ab- States’ involvement in the overthrow ment, as Congress did with the enact- original indigenous people of Hawaii is thoroughly documented in a report ment of the Indian Reorganization Act was the arrival of Captain James Cook commissioned by President Grover of 1934, and to restore tribes to their in 1778. While recording his encounters Cleveland. original federally-recognized status. with Native Hawaiians, Captain Cook My parents and grandparents lived In fact, after terminating the govern- referred to Native Hawaiians as ‘‘Indi- through Hawaii’s trying times. In my ment-to-government relationship with ans.’’ His accounts reported that the generation, I was raised with an under- Indian tribes, Congress enacted legisla- Native Hawaiians ‘‘lived in a highly or- standing that the Native Hawaiian peo- tion to restore the sovereign status of ganized, self-sufficient, subsistent so- ple had been wronged. It is for this rea- some of those tribes. Even though the cial system based on a communal land

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.080 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5568 CONGRESSIONAL RECORD — SENATE June 7, 2006 tenure with a sophisticated language, and the native peoples is not racially ‘‘for whom in a sense we are trustees culture, and religion.’’ In other words, discriminatory. The Supreme Court ...,’’ and who explained that Congress Native Hawaiians were a distinct body has sustained Congress’ action towards had the right to use the same authority of people. Indian tribes as constitutionally valid for dealing with Indians to set aside The Court has upheld Congress’ exer- as long as our actions are reasonable lands for Native Hawaiians, Congress cise of its broad, plenary authority to and rationally designed to further self- did just that. Congress set aside land recognize Indian tribes who were and government and to fulfill our unique for Native Hawaiians as part of its are not Indians nor were they orga- obligation towards them. trust responsibility to them. nized as tribes at the time that Federal Between 1826 and 1887, the United In 1938, Congress recognized certain recognition was extended to them. For States entered into treaties with the Native Hawaiian fishing rights in Ha- instance, the Court affirmed Congress’ Native Hawaiian government. In 1893, waii National Park, in a manner simi- recognition of an Indian tribe that con- we assisted in the illegal overthrow of lar to Congress’ recognition of retained sisted of scattered, unrelated indi- their government and extinguished the tribal hunting, fishing, and gathering vidual Indians, who were forced onto a government-to-government relation- rights in some national parks. reservation or colony. Even after the ship between the United States and the In the 1950s, Congress was termi- Supreme Court questioned whether the Native Hawaiian government. Now, we nating its government-to-government Pueblos of New Mexico were Indians propose to establish a process that may relationship with some Indian tribes and found that they were not organized lead to the restoration of a Federal re- and delegating some of its authority as tribes, the Supreme Court upheld lationship with a Native Hawaiian gov- over Indian affairs to the various Congress’ exercise of authority to rec- erning entity. This bill will authorize States, through such laws as Public ognize and treat Pueblos as Indian Native Hawaiians’ with more auton- Law 83–280, which delegated certain tribes. Despite numerous opportunities omy to undertake activities that they Federal authority of Indian affairs to to do so, the Supreme Court has not believe will better their conditions and some States. At this time, Hawaii was questioned Congress’ authority to treat meet their other needs in the manner seeking to become the fiftieth State. Alaska Natives as Indian tribes. that they deem best. It fulfills the Fed- Consequently, Hawaii’s admission to Whether the reference was to ‘‘Indi- eral government’s unique obligation the Union was conditioned on its ad- ans’’ or ‘‘Indian tribes,’’ the Framers of towards Native Hawaiians. As such, it ministration of the public trust estab- the Constitution did not intend those is not racially discriminatory. lished pursuant to the Hawaiian Homes terms to limit Congress’ authority, but Some have suggested that the Su- Commission Act. rather intended those terms as descrip- preme Court, in Rice v. Cayetano, has In 1972, a Native Hawaiian employ- tions of the native people who occupied ruled that the Congress does not have ment preference was enacted in the and possessed the lands that were later the authority to enact this bill. same manner that Congress enacted In- to become the United States. When the This is incorrect. dian preference laws. The Indian pref- Constitution was drafted, they author- In 1978, the citizens of Hawaii con- erence law was subsequently upheld by ized the Federal government to enter vened a constitutional convention and the Supreme Court as constitutionally into treaties with the Indian tribes be- proposed amendments to the State’s sound and consistent with laws de- cause they were considered inde- constitution to afford Native Hawai- signed to preclude discrimination in pendent sovereigns, not dependent na- ians a means by which to express their the workplace. tions. right to self-governance and self-deter- Notably, this was the same year that Any other interpretation would mean mination. They did so by creating the the Equal Employment Opportunities that Congress has been acting illegally Office of Hawaiian Affairs, which is Act of 1972, which prohibited discrimi- since the formation of the Union and governed by a Board of Trustees. Be- nation in the workplace, was enacted that the Supreme Court has wrongly cause this was intended to be the State into law. I mention this for a reason. decided the scope of Congress’ author- counterpart to the Federal policy of ex- Congress is an intelligent, thoughtful ity. tending self-governance and self-deter- body. It is highly unlikely that Con- The legal basis for the distinct status mination to the aboriginal, indigenous gress would have adopted one law pro- of the indigenous, native people is their people, the citizens of Hawaii limited hibiting discrimination in the work- sovereignty, which preexisted the for- eligibility to vote for the Office of Ha- place while at the same time enacting mation of our country, over lands that waiian Affairs trustees to Native Ha- a Native Hawaiian employment pref- became the United States. waiians. erence, unless Native Hawaiians were This sovereignty is not created by The Office of Hawaiian Affairs is, exempt from the broader bill because Congress. This sovereignty did not however, a State agency. Thus, when Congress treats them in the same man- need to be retained through treaties the Court considered this matter, it ner that Congress treats Indian tribes. with the Federal government. Treaties ruled that the voter eligibility require- Only two years after the United are a mechanism for recognizing the ment violated the Fifteenth Amend- States Supreme Court held that Indian inherent sovereignty of another gov- ment as a State may not disenfran- preference laws were not racially dis- ernment. chise voters by limiting voter eligi- criminatory because of Congress Like the other Federally recognized bility for a State agency to one group unique responsibility towards Indian Indian tribes, Native Hawaiians are a of people. The Court expressly refused tribes, a second Native Hawaiian em- distinct body of aboriginal, indigenous to address whether Congress had the ployment preference law was enacted. people who exercised sovereignty over authority to treat Native Hawaiians as Clearly, Congress considered Native land that is now the United States. Indian tribes. In passing, however, the Hawaiians as having the same status as Like other Native groups, the Federal Court mentioned that if the issue were Indian tribes. government has a unique responsibility before the Court, it would look to There are many more laws like these for Native Hawaiians. On November 23, whether Congress has treated Native but I will not list all of them. In total, 1993, the United States apologized for Hawaiians in the same manner as it however, over 160 laws concerning Na- its role in the overthrow, acknowl- has treated Indian tribes. tive Hawaiians have been enacted into edged the historical significance of the Congress has done that. law. Within the last five years, we have overthrow and the suppression of the Hawaii became a territory of the enacted additional laws, including laws inherent sovereignty of the Native Ha- United States in 1900 yet by 1910, Con- that have legislatively reaffirmed our waiian people, and committed to progress began treating Native Hawaiians trust relationship with Native Hawai- vide a foundation for reconciliation be- as Indians when it appropriated funds ians. Under the theory of those oppos- tween the United States and the Native for the ethnological research of Amer- ing the bill, all of these laws are ille- Hawaiian people. As such, Congress has ican Indians and Native Hawaiians. gal. assumed a special relationship with In 1921, after receiving testimony Although Senator AKAKA explained them. from the then Secretary of the Depart- the process established by the bill in Giving effect to the special relation- ment of Interior who testified that the detail, I want to briefly reiterate some ship between the federal government Native Hawaiians were our wards and of his comments. This bill establishes a

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.033 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5569 process for the reorganization of a Na- risdictional authority must be nego- grants from Japan. In my generation, I tive Hawaiian governing entity. The tiated between the Native Hawaiian was raised with an understanding that process is similar to processes estab- governing entity, the State of Hawaii, the Native Hawaiian people had been lished for the recognition of other ab- and the Federal government. wronged. This is a part of history that original, indigenous people. Any jurisdiction that may be granted very few of my constituents are fully Upon enactment of the bill, a Com- through the negotiations will be within aware of. But my mother, when she was mission will be created to determine the boundaries of the State of Hawaii, at the age of 4, lost her father who was whether those who voluntarily choose not over the United States. Critics of working in the fields of the plantation. to participate in the Native Hawaiian the bill confuse the eligibility roll with She had lost her mother at the time of governing entity meet the eligibility the potential jurisdiction of the gov- childbirth, so she found herself an or- criteria. The Commission will prepare erning entity. Like other native gov- phan at a very early age. But fortu- a roll, which the Secretary must cer- ernments in the United States, anyone nately, a Native Hawaiian couple tify. An Interim Governing Council meeting the eligibility criteria defined learned about this, came forward to the will be established with no powers ex- in the bill or the organic governing plantation village, and took her by the cept to prepare organic governing doc- documents, regardless of where they hand and adopted her. And for years uments for the approval of those listed live, are eligible for membership in the she lived as a Hawaiian with the Ha- on the certified roll. Once this has been governing entity. waiian family, and she never forgot approved by the membership, it must The bill prohibits the application of that. be certified by the Secretary of the De- the Indian Gaming Regulatory Act, For many reasons, including that, I partment of the Interior. which is the only Federal authority for and other citizens of the State of Ha- If, and when, the Secretary certifies the exercise of gaming by Indian tribes. waii ask all of my colleagues here to do the organic governing documents, elec- Additionally, the State of Hawaii is the right thing for the Native Hawaiian tions for Native Hawaiian government one of only two states that criminally people. Some of our colleagues have officials must be held in accordance prohibits gaming. questioned Congress’s authority to deal with the organic governing documents. The bill expressly provides that Na- with Native Hawaiians, but after serv- At this point, the Native Hawaiian gov- tive Hawaiians will not be eligible for ing for 28 years on the Committee on erning entity still has no power. In- Indian or Alaska Native programs. It is Indian Affairs and approximately 17 stead, the Native Hawaiian governing unnecessary to include Native Hawai- years as either the chair or the vice entity must negotiate with the State ians in other programs as Congress has chair, I believe most humbly that I am of Hawaii and the Federal government already established programs specifi- sufficiently informed of the law that for any powers and authority as well as cally for them. governs the Federal relations with the other rights. The cost of the bill is minimal. The aboriginal native people of the United This will be a long, thorough process Congressional Budget Office estimates States. There is no question that Na- that will take years to complete. And that the bill will cost $1 million for fis- tive Hawaiians are aboriginal, and they this will not be the last time that the cal years 2006 through 2008, and less are native and indigenous. They were Congress will have an opportunity to than $500,000 per year thereafter. The there before the first White man came. address the power and authorities of Committee on Indian Affairs has also They were there before the first Ameri- the Native Hawaiian governing entity. been informed that the enactment of cans came. Bills will need to be introduced in the this bill will not affect direct spending Based on my decades of study and ex- Congress for the enactment of imple- or revenues. perience, I would like to assure my col- menting legislation. They will be re- I want to make it clear to all of my leagues that Congress does possess the ferred to the relevant committees of colleagues that this bill does not pro- authority to pass this measure. jurisdiction of each House. There will pose anything that we have not already We speak of the special relationship be votes in each body to approve imple- done for Indian tribes. Years ago, Con- between the Federal Government and menting legislation and the President gress recognized that it has a trust ob- the native peoples, and some have sug- will have to sign such legislation into ligation to the Native Hawaiians. Con- gested that this was racially discrimi- law. gress has treated Native Hawaiians in natory. A similar process will be required for the same manner as it has dealt with Mr. President, history shows that Na- changes to State law. The citizens of Indian tribes. It is time that Congress tive Hawaiians are good and patriotic Hawaii, through their State represent- formally extends its policy of self-gov- Americans. The people of Hawaii are atives, will have an opportunity to be ernment and self-determination to Na- good and patriotic Americans. If you involved in any changes in State law. tive Hawaiians. look at the records of World War II and Any changes to the State’s constitu- Mr. President, I want my colleagues all the wars thereafter, including the tion must be submitted to the voters of to know that this bill will unite Ha- present one in Iraq, you will find a dis- the State. waii. Senate bill 147, already has the proportionately large number of men Before closing, I want to address broad support of both Republicans and and women from Hawaii serving in uni- some misconceptions regarding this Democrats in Hawaii. It is now time to form and standing in harm’s way for measure and clearly inform my col- reach out and correct the wrong that the people of the United States. In fact, leagues about what this bill does and was committed so many years ago. I for this small, little State, with about does not provide. hope that my colleagues will also pro- the smallest population, we have more This bill does not create sovereignty vide their support by voting for this Medals of Honor on a per capita basis or extend Federal recognition to the bill. than any other State. Our government Native Hawaiian governing entity upon As a member of the territorial senate recognizes the patriotism of Native Ha- passage of this bill. Instead this bill es- at the time of statehood, and as former waiians and the people of Hawaii. In tablishes the process that I outlined. majority leader of the house, I was fact, the first Native Hawaiian in the As I discussed earlier, any sovereignty privileged to be involved in discussions Vietnam war to receive the Medal of by the Native Hawaiian governing enti- and decisions reached between the Gov- Honor was—yes—a Native Hawaiian, ty, if and when it is recognized, is in- ernment of the United States and the and he was one of the first in the Na- herent and preexisted Hawaii’s inclu- government of the territory of Hawaii. tion to do so. They are good American sion into the Union. Moreover, as our State’s first Member citizens. Any governmental powers and au- of Congress, I was actively involved in This bill, even if it becomes the ulti- thority that the Native Hawaiian gov- the discussions and agreements be- mate law of this land, will not change erning entity will exercise must be ne- tween the Government of the United the situation. Native Hawaiians will be gotiated with the Federal and State States and the government of the State subject to every provision in the Con- governments. of Hawaii. stitution of the United States. That is This bill does not extend jurisdiction My parents and my grandparents the fact. They will be subject to the to the Native Hawaiian governing enti- lived in Hawaii through Hawaii’s try- laws of the State of Hawaii and the ty over non-Native Hawaiians. Any ju- ing times. My grandparents were immi- United States. They will be subject to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.035 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5570 CONGRESSIONAL RECORD — SENATE June 7, 2006 the laws of the county of Hawaii. If any say that the people of Hawaii do not Commission’s May 4, 2006 meeting, changes are made—for example, if we support this measure. Commissioner Taylor specifically decide, as we did with many Indian na- I think it is about time that we reach asked to which version of the bill this tions, to give them the power to ar- out and correct the wrong that was report referred. After a discussion on rest—if someone goes speeding through committed in 1893. Yes, at that time the record in which it was readily ap- the streets—that power has to be nego- the representative of the people of the parent that the Commissioners had no tiated and granted by the supersov- United States directed a marine com- idea which version the report was re- ereign, the county to the Indian tribe. pany on an American ship to land and ferring to, the Commission had to re- It does not come naturally. take over the government. They im- cess for 10 minutes so that staff could The Native Hawaiian government, if prisoned our queen. No crime had been determine to which version the report you want to call it such, will not have committed. When the new government was referencing. Then, after calling the the authority to establish its own took over and turned itself over to the meeting back to order, the Commission army. It will not have the authority to government of the United States and stated that the report pertained to the coin its own currency. Yes, they can said, Please take us in, the President of version as reported by the Committee set up businesses, establish schools if the United States was President Cleve- on Indian Affairs, ignoring entirely the they wish to, but they will never, under land at that time. He sent his envoy to substitute amendment, which they had this bill, pass any measure that will be Hawaii to look over the case. When he been informed would be the measure in contravention with the Constitution learned that the takeover had been il- considered by the Senate. of the United States or the laws of the legal, he said this was an un-American Perhaps some may be thinking—what United States. act and we will not take over. The difference does it make? Let me assure This bill does not secede the State of queen is free. you, the differences between the Hawaii or any part thereof from the I am a proud American. I am glad version reported by the Committee on United States. The lands that we speak that we are part of the United States of Indian Affairs and the substitute of are lands that have been set aside, America. Senator AKAKA and I took amendment are substantively dif- not by us, but by the Government of part in World War II. We put on the ferent. In fact, the measure that will be the United States in 1920. In 1920, the uniform. He served in the Pacific. I before us reflects several weeks of ne- Members of Congress, without the urg- served in Europe. We would do it again. gotiation between the administration ing of Native Hawaiians, without the I know our people will do it again. and congressional Members to address urging of the people of Hawaii, finally I wish to discuss the report on the concerns raised by the administration. came to their senses and realized that Native Hawaiian Government Reorga- Before moving on to the substantive the takeover had been illegal, and that nization Act which was released by the flaws of the Commission’s report, I Native Hawaiians were indigenous, ab- United States Commission on Civil want to point out that one Commis- original people of the territory of Ha- Rights on May 4, 2006 and the ill-found- sioner filed an amicus brief in Rice v. waii at that time. ed reliance on the report by some of Cayetano without ever publicly dis- So, on their own initiative, this Con- my colleagues. It is important to note closing that involvement or recusing gress established a law to set aside that the measure before us is supported herself from the Commission’s pro- lands which they called the homestead by leading civil rights organizations, ceedings. Apparently, actions like lands. And those qualified, 50 percent such as the Leadership Conference on these are par for the course for this Hawaiian blood, were placed on these Civil Rights and the National Congress Commission. It is actions similar to lands. It is still there, and Native Ha- of American Indians. There are many these that led to the recent findings of waiians still live in those places. If more but in the interest of time, I will the Government Accountability Office they ever have this law in the books, only note that I am more than willing that the Commission lacked procedures these lands will become the land base to provide any Member with a more de- to ensure objectivity in its reports. of this new entity. tailed list of leading civil rights orga- The Commission’s majority report They are not taking away anything nizational support for this measure. also suffers from serious substantive from the people of Hawaii. They are With respect to the Commission’s re- flaws. Unlike the careful, thoughtful not taking away anything from the port, I urge my colleagues to thor- analyses contained in the dissenting Government of the United States. They oughly examine the report and the pro- opinions, the majority report is devoid will continue to pay taxes. They will ceedings leading to it. I say this be- of any analysis of the underlying bill continue to put on the uniform of the cause the majority’s report lacks credi- or arguments. Instead, the so-called United States. They will continue to bility—both procedurally and sub- ‘‘report’’ is merely a summary of the stand in harm’s way. stantively. I am confident that once briefing held in January, a one sen- I want Congress to know that, if any- my colleagues learn of the serious pro- tence recommendation, and copies of thing, this bill will unite the people of cedural and substantive flaws of the re- the written testimonies provided dur- Hawaii. This bill has the broad support port, they will join me in rejecting the ing the January briefing. It is nothing of Republicans and Democrats in the Commission’s report and supporting S. more than ‘‘he said this and she said State. Somewhere in this gallery is the 147, the Native Hawaiian Government that.’’ Nothing in this document ex- Governor of Hawaii, the Honorable Reorganization Act of 2006. plains why one argument was rejected Linda Lingle. And she is a Republican. The first point that my colleagues and another one accepted. I believe it She supports this measure. need to consider is that this report is is because the commissioners know The counties of Hawaii, every one not even based on the measure that what we know—the law is on our side. them—Oahu, Kauai, Maui and Hawaii— will be before us. During the Commis- Although this is apparently con- would support this measure. The State sion’s January briefing, the Commis- sistent with the way this Commission of Hawaii legislature, the House and sioners were provided with a copy of does business, it is unacceptable. The the Senate, unanimously support this the Substitute Amendment that was Government Accountability Office measure. publicly available since last fall and issued a report last week specific to the We have heard results of polls. We that Senator AKAKA recently intro- Commission and recommended that the are politicians. We know all about duced as a separate measure. It is this Commission should strengthen its polls. I can set up a poll myself and language on which we will vote. Yet, quality assurance policies and make suggest that 99 percent of the people of even though the Commission was in- better use of its State Advisory Com- Hawaii support the war in Iraq, and we formed of this, the Commission based mittees. More specifically, the Govern- know that is wrong. Yes, we can set up its recommendation on the bill ‘‘as re- ment Accountability Office found that our own polls. ported out of committee on May 16, the Commission lacked policies for en- But I can tell you the legislature sup- 2005,’’ which is substantially different suring that its reports are objective. It ports it, the county governments sup- from the substitute amendment. also found that the Commission lacks port it, the Governor does, and all Perhaps some think this was an over- accountability for some decisions made Members of the congressional delega- sight on behalf of the Commission but in its reports because it lacks docu- tion. I don’t know why people would I assure you—it was not. During the mentation for its decisions. A review of

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.081 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5571 the Commission’s report on Native Ha- tratively recognize a group of people as and that it is ‘‘vital to the continued waiians illustrates that this lack of ac- an Indian tribe, Congress’s power to ex- character of the State of Hawaii.’’ Both countability is clearly evident in this ercise its own authority is now bound Hawaii’s State House and Senate have instance, for the Commission provides by those regulations. Let me remind repeatedly and overwhelmingly ap- no rationale for its finding on S. 147. everyone—the Congress is not subject proved a resolution in support of this Another flaw with the Commission’s to an agency’s regulations. Congress bill. We were elected by Hawaii’s citi- recent report is that the Commission still possesses the power to restore rec- zens to represent their interests and we ignored two previous reports on related ognition to an Indian tribe and we have believe that this measure is in their issues by the Hawaii State Advisory used this authority repeatedly without best interests. We would not support a Committee. The Government Account- first determining whether a group met bill that would racially divide the peo- ability Office acknowledged that the the criteria set forth in the Secretary’s ple who elected us into office. Trust State Advisory Committees are the regulation. that we have the best interests of all of eyes and ears of the Commission. It I thank the Chair for allowing me Hawaii’s citizens in mind. also found that while the Commission this opportunity to educate my col- Beyond Hawaii’s elected officials, Ha- does not have policies to ensure objec- leagues about the true impact of the waii’s two largest newspapers have tivity for its own documents, the Com- Commission’s report on this matter. I written editorials in support of passage mission does have quality assurance encourage my colleagues to examine of this bill or condemning allegations policies in place for State Advisory the transcript of the January briefing that this bill is racially discrimina- Committee products, including a policy and the May meeting, the report with tory. The Honolulu Advertiser recently to incorporate balanced, varied, and the dissenting opinions, as well as the stated ‘‘this measure forges a middle opposing perspectives in their hearings recent Government Accountability Of- path, the most reasonable course to- and reports. The Hawaii State Advi- fice Report on the Commission. I am ward resolution—if only Congress sory Committee heard from numerous confident that after doing so, my col- would give it a shot.’’ The people of Ha- witnesses and spent substantial time leagues will understand that any reli- waii support it because, as the Adver- preparing two articulate, balanced re- ance on this report is misguided. tiser recognized, ‘‘Federal recognition ports on Native Hawaiian issues rel- Mr. President, as Congress has done would help chart a course for the dif- evant to the measure before us. Yet the for many other Indian tribes, this ficult but necessary process of resolv- Commission ignored these reports. measure merely sets up a process to ing festering disputes and in healing Imagine reports from the State Advi- formally extend the Federal policy of the breach caused by the overthrow of sory Committee in your respective self-governance and self-determination the Hawaiian monarchy.’’ State—the entity with the most knowl- to Native Hawaiians. This bill is about Hawaii’s business community, in- edge of local issues, that is the entity fairness and justice for Native Hawai- cluding the two largest banks, support most in touch with the local commu- ians—Native Hawaiians will finally be passage of this bill. The vast majority nities, and that has quality assurance afforded the same respect that the Fed- of Hawaii’s citizens support passage of policies—not even being consulted or eral Government affords to other Na- this bill. Given this diverse and broad informed about a briefing on an issue tive Americans. Given that Congress level of support, I do not understand that only impacts your State. has already enacted over 160 Federal how any of my colleagues can oppose Because the Commission’s rec- laws for the benefit of Native Hawai- passage of this measure by claiming ommendation was based on a version of ians, there will be no harm to other that it will divide Hawaii based on the bill that is not before us, is void of Native Americans and equally impor- race. any analysis and is not supported by tant, there will be no negative effects Instead, I urge my colleagues to join Supreme Court case law, it is difficult on the other citizens of Hawaii. me in supporting this measure as it is to address any arguments that may There are some who claim that this the fair, just thing to do and all of Ha- have influenced the Commission’s deci- bill is race-based and will divide Ha- waii’s citizens will benefit from this sions. Thus, I will take this oppor- waii because of race-based preferences measure when the longstanding issues tunity to clarify some misconceptions stemming from this measure. This is will be finally be put to rest. Without that some of the Commissioners appear not true. This bill is not based on race this measure, without your support, to possess. and those who make this claim do not those issues will remain unresolved. First, this matter is not race-based understand the people or history of Ha- Mr. President, as many of my col- as the Commission’s recommendation waii. As I said, in 1893, the United leagues know, S. 147 does nothing more implies. Instead, the Commission ap- States participated in the illegal over- than to establish a process to formally pears to have a fundamental misunder- throw of the Kingdom of Hawaii, which extend the same Federal policy of self- standing of Federal Indian law. It is resulted in longstanding issues in Ha- governance and self-determination undisputed that the Supreme Court has waii that need to be addressed. This that has been extended to other Native upheld Congress’s plenary authority measure will ensure those issues are Americans to Native Hawaiians. When over Indian tribes, including those ab- addressed fairly and equitably. It is be- one looks at the impact that this pol- original, indigenous peoples who exer- cause this measure starts the process icy has had on other Native Americans, cised control over land that comprise of healing old wounds and bringing all it is clear that this policy will benefit the United States even if those peoples of Hawaii’s citizens together that the not only Native Hawaiians but also all were not called Indians, were not orga- vast majority of Hawaii’s citizens sup- of Hawaii’s citizens. nized as tribes, and did not have a gov- port passage of this bill. Since the 1970s, the Federal Govern- ernment at that time. I ask my colleagues to ignore the ment has had a policy of self-deter- I am confident that if challenged, rhetoric and to look at the facts: The mination and self-governance for Na- this measure will be upheld. For as entire Hawaii Congressional delegation tive peoples. The success of this policy then Attorney John Roberts, now Chief supports, and is actively working on, has been demonstrated over and over Justice Roberts, stated during oral ar- passage of this bill. Our distinguished and it is not stopping. Every day, we gument in Rice v. Cayetano, ‘‘The colleagues in the House, Congressmen see improvements in native commu- Framers, when they used the word In- ABERCROMBIE and CASE, have intro- nities as a result of this policy. Every dian, meant any of the Native inhab- duced a companion measure, and both day, we see State and local commu- itants of the new-found land’’ and that testified before the Senate Committee nities benefiting from Native Ameri- Congress’s ‘‘power does, in fact, extend on Indian Affairs in support of this bill cans exercising self-governance. It is to Indians who are not members of a and its importance to Hawaii. As Con- time that Native Hawaiians, and Ha- tribe.’’ gressman CASE stated, this bill is ‘‘the waii, also benefit from this policy. Second, it is absurd that there are most vital single piece of legislation While Native Hawaiians are not Indi- some who think that because Congress for our Hawaii since Statehood.’’ ans nor is there Indian Country in Ha- delegated some authority to the Sec- Hawaii’s Republican Governor sup- waii—nor will there be with passage of retary of the Department of the Inte- ports the bill and has stated that ‘‘this this measure—the experience of other rior to develop regulations to adminis- bill will be a unifying force in Hawaii’’ Native Americans since the Federal

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.041 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5572 CONGRESSIONAL RECORD — SENATE June 7, 2006 Government adopted a policy of self- not all. Hawaii is already full of rich, senior Senator, who has spoken from governance for Indian tribes is inform- diverse cultures which are celebrated the heart about our bill and about what ative. Since implementation of the throughout the year but, with this it means to our people in Hawaii, the Federal policy of self-determination, measure, all of Hawaii will be able to unity of support that is there in Hawaii other Native Americans have seen a re- celebrate an ever stronger native cul- and also the support that is here na- vitalization in their native languages ture. Non-natives will learn more tionally. and culture. Because of this policy, about the islands based on the tradi- He mentioned NCAI, the National other Native Americans have experi- tional knowledge of Native Hawaiians Congress of American Indians. He men- enced higher educational achievement, gained over centuries of island occupa- tioned the AFN, the Alaska Federation stronger economies, better mental and tion. Higher achieving children will no of Natives. Also, the American Bar As- physical health and less reliance on so- longer have to wait for their counter- sociation has supported our bill. These cial programs. Although other Native parts to catch up. Instead of remedial are national organizations that have Americans still have a long way to go, education classes, there will be more studied it and have considered this bill the policy of self-governance and self- rigorous, challenging classes for our to be worthwhile. determination has repeatedly been youth. Visitors already come to Hawaii As I mentioned in my statement, this called the most successful Federal pol- to admire and appreciate the unique bill has been reviewed by the Depart- icy for Native Americans. I am con- Hawaiian culture; with this measure, I ments of Justice and the Interior, the fident that Native Hawaiians will have am confident even more will come to White House and the administration. a similar experience and that all of Ha- experience the stronger, richer Native They have made clarifications that we waii’s citizens will receive benefits. Hawaiian culture. will include in our amendments and in Self-governance is critical to main- I invite all of my colleagues to Ha- our substitute amendment. taining Native Hawaiian culture, lan- waii to experience our unique culture, This is a bill that does not have any- guage and identity. Native Hawaiians diversity and spirit of aloha. This bill thing to do with starting a government were affected by the various Federal will enhance Native Hawaiian self-gov- that would be able to do what it wants. policies the United States had towards ernance while benefiting all of Hawaii’s This governing entity will be struc- Indian tribes. So like other Native citizens. This is why I am proud to co- tured so that it can deal with the prob- Americans, Native Hawaiians were pro- sponsor this legislation. This is why lems of the Hawaiian people and will hibited from speaking their native lan- our distinguished House colleagues, give them a seat at the table. It will guage and practicing their culture. Na- Congressmen ABERCROMBIE and CASE give them an opportunity to negotiate tive Hawaiians experience similar so- have introduced a companion measure. whatever they decide. cial characteristics—often ranking the I respectfully urge my colleagues to I should tell you, those who have spo- highest in the least desirable cat- help Hawaii by supporting S. 147. ken in opposition to this bill are good egories and the lowest in the most de- I just hope my colleagues will not friends that we respect—and we will sirable categories. They suffer from look upon Native Hawaiians as those continue to do that—who have other some of the highest rates of obesity, di- who are trying to get out of the United reasons to oppose our bill. I do respect abetes, high blood pressure, heart dis- States. They are not. We are just try- them very deeply. But our bill is one that will help the Hawaiians to deal ease, and other health disparities. They ing to tell them: Yes, we recognize the with their concerns. When it was stat- experience the highest rates of poverty wrong we have committed. Therefore, ed that I had mentioned that they in the State of Hawaii and have some use the lands that we have provided could secede, the question that was of the lowest educational achievement. you. Set up a government. But this is asked me was whether that could hap- Native Hawaiian youth suffer from what you may do. You may set up your pen. I pointed out that to secede, the high rates of depression and are more schools, you may set up businesses. Hawaiians would have to take it to this likely to attempt suicide than other What is wrong with that? We are not governing entity and this entity would youth in Hawaii. Although it will not asking to establish a government in decide whether they should take this happen overnight, Native Hawaiian there that will put up a fence and keep to be negotiated with the State govern- self-governance will reverse these everyone out. That government will not establish an army to attack us. ment and then with the Federal Gov- trends. Testimony before the Indian ernment. Affairs Committee indicated a link be- This is the American thing to do; the least we can do. And, incidentally, the Let’s say they do decide to secede as tween teen suicide and depression and an entity. I don’t think the State gov- the lack of language and culture in National Congress of American Indi- ans, representing the Indian nations of ernment, with the State laws, would other native communities. Testimony agree to that. It has to be negotiated. also indicated that when Indian tribes this Nation, support this measure. Alaskan natives, Eskimos, support this And let’s say if—and I know it won’t exercise self-governance and take steps happen—the State of Hawaii agrees to to regain or incorporate their language measure. Granted, there are those who oppose that. Then it has to go to the Federal and culture into everyday life, mental this measure. But I just hope that they Government. So this is all within the health issues decrease. will look into their hearts and look law. Preserving and revitalizing native I have spoken to those in Hawaii who into the hearts of Native Hawaiians. language, culture and identity leads to want Hawaii to be independent. I have They are good people. They just want stronger personal identity and cultural told them you can use the governing to know that someday they can tell awareness. Native self-governance will entity to discuss it. This is what I their grandchildren the wrong that was lead to culturally appropriate physical meant. They can bring these issues to and mental health programs, as well as committed in 1830 has been rectified. I am certain my colleagues will do the governing entity and the governing more relevant education curriculum, so. I thank you. entity will make a decision as to inde- for Native individuals. This, in turn, The PRESIDING OFFICER. Who pendence or returning to the mon- will lead to better health, higher aca- yields time? archy. But all of this would be within demic achievement, strong native lead- Mr. INOUYE. I suggest the absence of the law of the United States, as men- ership, increased employment, less a quorum. tioned by my senior Senator. It will be poverty and decreased dependence on The PRESIDING OFFICER. The within the Constitution of the United Federal and State social programs. clerk will call the roll. States. But this gives the Hawaiians a Self-governance will ensure that Na- The assistant legislative clerk pro- governing entity to deal with their tive Hawaiians retain their dignity. ceeded to call the roll. concerns and negotiate them on the Consequently, all people of Hawaii Mr. AKAKA. Mr. President, I ask State level as well as the Federal level. will benefit. Decreased reliance on so- unanimous consent the order for the Also, in the substitute amendments cial programs, fewer children needing quorum call be rescinded. that we will be offering, it does have remedial education, and more prevent- The PRESIDING OFFICER. Without the clarifications from the administra- ative, culturally appropriate health objection, it is so ordered. tion as well. programs will result in less funding Mr. AKAKA. Mr. President, I thank So I rise to urge my colleagues to needs over the long term. But this is my dear colleague from Hawaii, the permit us to bring it to the floor, to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5573 permit us to do that through cloture make that analogy because there are cited the 15th amendment, which for- and then to let the Senate decide about very specific requirements for tribal bids discrimination in voting based on our bill. recognition, and they are not met in race or ethnic background. As I said, the United States of Amer- this case. Therefore, that concern is To quote from that decision, the ica is a nation that has consistently misplaced. Court said: tried to keep liberty and justice alive Most fundamentally, and I think One of the reasons race is treated as a for- and well. This is an opportunity to do most problematically, this legislation bidden classification is that it demeans the that. does create a very separate and dis- dignity and worth of a person to be judged by I urge my colleagues to consider tinct governing entity, and the partici- ancestry instead of by his or her own merit their vote, give us their votes on clo- pation within that governing entity is and essential qualities. An inquiry into an- cestral lines is not consistent with respect ture so we can then bring it to the based upon racial and ethnic classifica- based on the unique personality each of us floor and discuss it further. tion. We have to ask ourselves whether possesses, a respect the Constitution itself Mr. President, how much time do we this is a principle or a policy which the secures in its concern for persons and citi- have remaining? American people would support, wheth- zens . . . [To do so would be] odious to a free The PRESIDING OFFICER. The Sen- er it is one which will further our people whose institutions are founded upon ator has 1 minute. shared goals as Americans. I believe the doctrine of equality. Mr. AKAKA. Mr. President, I just the answer is no. It is a mistake to cre- It is an approach that runs contrary want to mention on the sovereignty re- ate two distinct privileges for partici- to those fundamental goals and objec- buttal, the Federal policy of self-gov- pation in governance at any level that tives which are contained in the 15th ernance and self-determination allows is based solely on one’s racial or ethnic amendment. for a government-to-government rela- background. I think on a more personal level, it is tionship between indigenous people. The governing power of this new en- worth understanding the impact this This is not new. It exists right now be- tity, the Native Hawaiian governing can have on an individual. tween the United States and 556 tribes, entity, is not small nor trivial. Again I wish to close by referring to several 556 native governments. The continued quoting from the legislation: comments which were provided by resi- representation of this bill as an unprec- Among the general powers conferred on dents of Hawaii themselves before the edented new action is just plain wrong. this governing entity are the power to nego- Civil Rights Commission. With all due respect to my col- tiate or engage in negotiations designed to Quoting from one letter: leagues, as I said earlier, Native Hawai- lead to an agreement addressing such mat- . . . It is appropriate to say that I am of ians are proud to be Americans. Native ters as the transfer of land, natural re- Hawaiian, Caucasian and Chinese descent Hawaiians, however, are indigenous sources and other assets, and the exercise of only because it shall be noted that I am a de- peoples and Congress has the authority civil and criminal jurisdiction. scendent of the indigenous peoples of Hawaii to recognize indigenous peoples. These are not small matters. I be- and do not support the Akaka bill . . . If [the lieve the suggestion that this is a mod- Akaka bill] comes to pass, I will no longer I yield. acknowledge my Hawaiian heritage as I will The PRESIDING OFFICER. The Sen- est entity, one with only very limited be forced to choose on which side of the fence ator from New Hampshire. powers, is mistaken. to stand. I will choose the Anglo-American Mr. SUNUNU. Mr. President, I rise in The proponents of the legislation tradition of the right to life, liberty, prop- opposition to this legislation. I do, might argue that there are intervening erty and the pursuit of happiness. This will however, respect the goals and the con- steps required on the part of the State prevent me from recognizing all that is Ha- cerns that have been expressed by the government or the Federal Govern- waiian in me. I consider the Akaka bill to be Senators from Hawaii and their sup- ment to validate these negotiations. a proposal to violate my rights . . . porters. I certainly agree with the lan- That doesn’t change the fact that this This is a resident of Hawaii testi- guage used by Senator INOUYE to de- governing entity has real power to ne- fying before the Civil Rights Commis- scribe the people of Hawaii. They are gotiate that is not given to any other sion. He wrote: indeed good people. They are indeed entity, and that the participation in . . . I am writing to ask for the civil rights great patriots. I think no one better that governance is based solely on commission to oppose the Akaka Bill on the exemplifies the patriotism, the support one’s ethnic or racial background. I be- grounds that it will divide our state among lieve that simply is not justified. racial lines . . . I am of native American for American ideals, and the commit- blood (Nez Pierce Indian) but cannot be con- ment to our country, than the two Sen- To the extent there are constitu- sidered eligible for benefits such as those de- ators from Hawaii, each in their serv- tional questions brought to bear, they sired by native Hawaiians . . . The Akaka ice to this institution, their service to ought to be focused on due process, on Bill will destroy our way of life in Hawaii our country, and their service to our whether this restriction that one only ... country’s military. participates in this governing entity if The third letter quoted in that report Senator INOUYE discussed the need to one has a certain racial or ethnic back- to the Civil Rights Commission: right wrongs, and how that was one of ground is an unfair limitation on an in- . . . I am a descendant of both: Kameha- the objectives of this legislation. Even dividual American’s right to partici- meha the Great, who united the islands and if we concede the importance of right- pate in the electoral process. people, natives and non-natives and made ing wrongs, we can argue, as I do argue, Even if that were not a factor, bal- Hawaii a model for the world: and the that this is the wrong way to go about kanizing Americans, dispensing polit- Mayflower pilgrims whose ideals of indi- that. ical power, or dispensing political rec- vidual freedom and responsibility and self- This bill does not create a sovereign ognition on the basis of ethnic or racial reliance shaped the most inclusive and widely shared system of government in history: state or a sovereign entity. That point background is a mistake. It is bad American democracy . . . The Akaka Bill was made by both Senators in their re- precedent. It emphasizes differences would dishonor the unity and equality envi- marks. However, we cannot escape the that we might have. I believe it runs sioned by Kamehameha the Great and the fact that the legislation as written, on the risk of disenfranchising certain ideal of one nation, indivisible, composed of page 51, does describe very specifically Americans and takes us in the wrong indestructible states, envisioned by the U.S. the objective for Native Hawaiians to direction. Constitution . . . have an inherent right of self-deter- If there are wrongs that need to be These are individual opinions of resi- mination and self-government. That set right, we should have a debate dents of Hawaii who have their own clearly suggests a goal, whether it is about what those actions were and personal history and perspective. We short-term or long-term, of estab- what specific steps ought to be taken shouldn’t make decisions in Congress lishing self-governance; of establishing to address them. However, this is not or anywhere else based on just anec- independence in some shape or form. the right vehicle. This is not the right dotal information, but I think they do If this isn’t an objective, then cer- approach. This does not send the right reflect the difference of opinion, the tainly it ought not to be included in message. difference of perspective, and the nat- the legislation. In dealing with cases that have come ural concerns possessed by even those This is not a question of tribal rec- before the Supreme Court which dealt who are supposed to benefit from this ognition. I think it is a mistake to with this question, the Supreme Court legislation because of the way the bill

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.083 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5574 CONGRESSIONAL RECORD — SENATE June 7, 2006 treats people—not based on the content waii has stated in court, in 1985, the blood or ancestry but rather by a set of of their character, not based on their tribal concept has no place in the con- ideas. These ideas are familiar to all of individual rights as Americans, but text of Hawaiian history. us: liberty, democracy, freedom, and based on their particular ethnic or ra- In the Rice v. Cayetano case, the most of all, equal justice under the cial background. brief said that for Indians, the formerly law. These are the ideas that unite all If we can move away from the bal- independent sovereignty that governed Americans. They are ideas that have kanization, classification, and unique them was for the tribe, but for the Na- literally changed the course of human treatment of people based on racial- tive Hawaiians, their formally inde- events. ethnic background and move toward pendent sovereign nation was the king- No longer are the greatest civiliza- the consideration of every individual dom of Hawaii, not any particular tribe tions in the world recognized or meas- based on their character, their integ- or equivalent political entity. The trib- ured by how many subjects bow before rity, and their commitment to our al concept, the brief went on to say, on a king or how many nations are con- shared ideals, I believe we will be a behalf of the State of Hawaii, the tribal quered by armies. Today, we measure stronger and a better country. concept simply has no place in the con- greatness of a nation to the extent that Thank you, Mr. President. text of Hawaiian history. the nation’s people are recognized as The PRESIDING OFFICER. The Sen- If we think about that, it is clear Na- equal under the law. This is enshrined ator from Texas. tive Hawaiians, if they are going to be in our most basic documents. Thomas Mr. CORNYN. Mr. President, I rise to identified based upon having Native Jefferson’s Declaration of Independ- speak on this bill with some trepi- Hawaiian blood, do not live on a res- ence, stating ‘‘that all men are created dation, because, as I heard the Senator ervation or any geographically discrete equal.’’ from Tennessee say earlier as I was plot of land. Indeed, they are dispersed But we know too well that those are watching the debate from my office, throughout Hawaii and throughout the words on paper. The long road to equal- everyone in this Chamber has enor- Nation. The only defining charity, on which we most certainly con- mous respect and affection for the Sen- acteristic is whether an individual has tinue to travel and which continues to ator from Hawaii. We understand how any Native Hawaiian blood. be a work in progress, has been costly important this issue is to him and be- It is completely different from Indian to our Nation. As I mentioned a mo- lieve he is making his arguments in the tribes which were, at the time of the ment ago, it has been paid for with the best of faith. founding of this Nation, sovereign enti- blood of hundreds of thousands of I must say, though, that it is stag- ties unto themselves, so it was entirely American patriots. Unfortunately, the gering to me to think of how important appropriate that the Government nego- signposts along the way have been too the issues are that underlie this bill. tiated relationships with those existing often marked by violence and bigotry This is not a bill which just affects the sovereign entities, the Indian tribes, as when we have seen Americans pitted State of the Senators from Hawaii; this they exist even today. against other Americans claiming spe- is a bill which would potentially affect But to say today, in 2006, we all of a cial status because of the color of their what it means to be an American. sudden are going to identify some skin or because of their relationships. One of the defining characteristics of 400,000 Native Hawaiians wherever they Today, however, America stands as a this great country in which we live is may live in Hawaii and elsewhere and shining example of what happens when that no matter where we come from, no create a tribe, or a tribe equivalent, people set the ideal in their mind as matter what our ethnic or racial herit- out of thin air has simply no counter- the goal to work forward. As Justice age might be, no matter where we were part in the way the Indian tribes are Harlan noted in his classic dissent in raised, once we pledged allegiance to created. And, indeed, as the State of the case Plessy v. Ferguson: the United States of America, we be- Hawaii has said for itself, the tribal [O]ur Constitution is color-blind, and came an American, someone who be- concept simply has no place in the con- knows neither nor tolerates classes among lieves in the ideal of America’s values, text of Hawaiian history. citizens. In respect of civil rights, all citi- including equal justice under the law. As to the goals and the aspirations of zens are equal before the law. So the very concept that people would this particular legislation, it is clear While it certainly took far too long be treated differently based upon this bill lays down some rudimentary, I in our own Nation’s history to embrace whether they are Native Hawaiians or would say early, steps in the recogni- the truth of Justice Harlan’s position, whether they came from Ireland or tion of a political governing body. But and we certainly have more to do as a whether they are some other ethnic or as to the goals of this legislation and work in progress ourselves, America racial group is anathema to what it the supporters of this legislation, the has made significant progress toward means to be an American. Office of Hawaiian Affairs acknowl- equality. This bill, it has been observed, would edges what the goals are under the Unfortunately, this bill—whatever create a race-based and racially sepa- Akaka bill. It says: good the intentions may be, and I rate government for Native Hawaiians. The Native Hawaiian people may exercise grant those without any argument— It has been observed by the U.S. Su- their right to self-determination by selecting the bill threatens to undermine all of preme Court in the year 2000 in the another form of government, including free the progress we have made by estab- Rice v. Cayetano lawsuit that this leg- association or total independence. lishing a race-based government and islation is actually addressed to limit The concept of any people within the requiring the Federal Government en- participation in a government based on confines of the United States claiming force its creation. one’s consanguinity or bloodline, is in their total independence is not un- There are the bill sponsors, the Gov- effect a proxy for race. What we are known to our Nation’s history. Six ernor of Hawaii, and the Attorney Gen- talking about is participating in the hundred thousand people died in a civil eral, who argue that the bill does not benefits of being a Native Hawaiian war, claiming a right to independence establish a race-based government. In- based upon race and racial differences from the Union. There has been much deed, they say that the bill neither fur- rather than saying to anyone and ev- bloodshed, many lives lost, to preserve ther balkanizes the United States nor eryone that America remains a nation this great Union that we call the sets up a race-based separate govern- where anyone and everyone, based United States of America. ment in Hawaii. upon their hard work, based upon their When I say this seemingly innocuous With all due respect, a plain reading willingness to try to accomplish the legislation raises profound issues that of the legislation indicates otherwise. most they can with the freedoms that affect who we are as a Nation and what The bill clearly states that only Native we are given—it is totally in contradic- we will be as a Nation, I mean that in Hawaiians can participate in the newly tion to that goal and that aspiration all sincerity. This legislation would be established community, period. And a we have for all Americans. It is impor- a serious step backward for our Nation Native Hawaiian is defined in part as tant to address some of the specific al- and could not be any further from the ‘‘[o]ne of the indigenous, native people legations that have been made. American ideal. of Hawaii and who is a direct lineal de- First of all, this is equivalent to cre- From the beginning, Americans have scendant of the aboriginal, indigenous ating an Indian tribe. The State of Ha- been a people bound together not by native people.’’

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.085 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5575 But perhaps the most troubling de- Mr. STEVENS. Can Senator AKAKA our longstanding commitment to the scription of the bill comes from our yield me some time to comment on the rights of our indigenous people. It en- friends, the Senators from Hawaii: legislation? sures that Native Hawaiians will have . . . the first step is to create a list of Na- Mr. AKAKA. Mr. President, I yield the same type of recognition afforded tive Hawaiians eligible . . . The individuals such time as the Senator desires from to American Indians and to Alaska na- on the list will be verified by a commission our side. tives by the act of 1971. of individuals in Hawaii with demonstrated The PRESIDING OFFICER. The Sen- The U.S. Government has a responsi- expertise and knowledge in Hawaiian gene- ator from Alaska is recognized. The bility to Native Hawaiians, as it does alogy. The list will be forwarded to the Sec- Chair notes the Senator still has 21⁄2 to all indigenous people under our Con- retary of the Department of Interior who is minutes remaining on the majority stitution. The Constitution vests Con- authorized to certify the list only if the Sec- retary is fully satisfied that the individuals time as well. gress with the authority to promote meet the necessary criteria. Mr. STEVENS. I ask unanimous con- the welfare of all Native American peo- sent I be allowed to speak using the ple and to help foster their success. In other words, the legislation re- time of the Senator from Hawaii. They Like the Alaska Native Claims Set- quires that the Federal Government can reserve their time. tlement Act, the bill before us, when it hire Federal employees to serve on a The PRESIDING OFFICER. Without is enacted, will create a framework race-based commission that itself objection, it is so ordered. which ensures Native Hawaiian groups would use a racial test to determine Mr. STEVENS. I am in support of the can address their unique cir- membership in the race-based so-called legislation, and I will take my time cumstances. ANCSA was a crucial step tribe. from the other side of the aisle. in responding to the concerns of Alaska I ask my colleagues to explain to me The PRESIDING OFFICER. The Sen- natives. It empowered them to improve how this does not ‘‘set up a race-based ator is recognized. their own position. The Akaka bill of- separate government in Hawaii.’’ It Mr. STEVENS. Mr. President, I am fers Native Hawaiians the same oppor- seems that if words have any meaning, saddened to hear some of the com- tunity. the truth is plain to see that it does, ments I have heard today in the Sen- Our Federal policy of self-determina- indeed, establish a race-based system ate. Most people do not understand the tion and self-governance has not been without precedent in American his- circumstances that existed in both of formally extended to Native Hawai- tory. our offshore States. ians. This omission unfairly singles What concerns me even more is that I have come to the Senate to support them out for disparate treatment from the proponents claim the legislation the Native Hawaiian Government Reor- our Federal Government. It deprives will not balkanize the United States. ganization Act introduced by my good them of the processes by which other But this claim virtually ignores the en- friends from Hawaii. I support this bill native groups may negotiate and re- tirety of our Nation’s long and historic not only because of my friendship and solve issues with the Federal and State struggle over issues of race from slav- respect for Senator INOUYE and Senator governments. In my judgment, it is ery to Jim Crow laws and beyond, laws AKAKA but also because it is the right time to right this wrong. and policies that define our people thing to do for the Hawaiian people. I This bill will fulfill our Federal obli- based on race are bound to ultimately have visited with the Hawaiian people gation to Hawaii’s native people. The fail. very often on this subject. Akaka bill authorizes the United Furthermore, by claiming to create Alaska, similar to Hawaii, has a rich States, the State of Hawaii, and the an analogy to an Indian tribe out of history shaped by native cultures and Native Hawaiian Government to con- Native Hawaiians scattered across the traditions. These customs are a vital duct negotiations. Their discussions planet, Congress will be giving the new part of our heritage. My commitment will address the unique issues facing government some of the same benefits to protecting and preserving the cul- Native Hawaiians. These steps will help as other Indian tribes. Yet the new ture of Alaskan Natives spans now ensure the future prosperity of the Na- government will operate at a very dif- more than four decades. I believe Na- tive Hawaiian people. ferent environment with no geographic tive Hawaiians deserve this protection The bill offered by the Hawaiian dele- boundaries nor physical communities. as well. gation has garnered widespread sup- The people who may be confirmed as While our Alaskan Native commu- port. The legislation reflects the rec- Native Hawaiians are completely inte- nity still faces many challenges, their ommendations made by the Depart- grated with all others throughout Ha- position has been improved because of ment of Justice and the Department of waii and throughout the 50 States. De- legislation which clarified their rela- the Interior in the reconciliation re- veloping this government will create a tionship with our State of Alaska and port they published in 2000. The Gov- large number of structural and prac- with the Federal Government. ernor of Hawaii, the Hawaii State leg- tical difficulties that one can only Soon after I came to the Senate—and islature, and a majority of the Hawai- imagine. that was in 1968—I began working to ian people support this bill. Both the Since time is short today, and it is settle the unresolved claims of our National Congress of American Indians my sincere hope that our colleagues Alaskan Natives. Many of the argu- and the Alaska Federation of Natives will vote against cloture on this bill, I ments against the Hawaiian bill now have passed resolutions in support of will reserve additional comments for a made by the opponents of this legisla- this bill. later time. tion were made by those who opposed Just as I sought to protect the rights I conclude by saying this is an idea the Alaskan Native Claims Settlement of Alaska natives, Senators AKAKA and that runs completely counter to Amer- Act enacted in 1971. But time has prov- INOUYE are fighting for the rights of ica as a melting pot, which has been so en them wrong. The Alaskan Native their native people in Hawaii. They often used to describe our Nation as a Claims Settlement Act did not create have my full support. They have the Nation that is comprised of many races States within our State. It did not lead support of the Alaska people. I believe and many ethnicities, people of wildly to secession. It did not lead to anyone they have the support of those who divergent beliefs. But the one thing we trying to create a nation within our want to see these wrongs righted. do agree on is the founding ideals that Nation. Those who argue that the bill The time has come to fulfill our com- have made America unique, none of before the Senate will lead to secession mitment to these indigenous people which is more important than equal ignore the history. More than 562 In- and to address the needs of the Native justice under the law. If we are to em- dian tribes are recognized by our Fed- Hawaiians. We can no longer deny our brace for the first time in American eral Government. Nation’s responsibility to promote history, as a matter of our legislative Not one of those tribes has sought to their welfare as much as we have pro- actions, race-based distinctions for secede from their State or from the Na- moted the welfare of the Indian people Americans, it will be a day we will long tion. Federal recognition of these and the Alaska native people. rue and will be a black mark in our Na- tribes has not prompted any State that The Native Hawaiian Government tion’s long march toward equal justice. they call home to try to secede from Reorganization Act is a step towards I yield the floor. our Union. The Akaka bill reaffirms meeting our Federal commitment to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.086 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5576 CONGRESSIONAL RECORD — SENATE June 7, 2006 Native Hawaiians. It is long overdue. I waiian communities to engage them- particularly, for his tireless efforts to have come to urge our colleagues to selves in and reorganize their gov- bring this to the floor. When people all support cloture and vote in favor of erning entity to establish a federally across the country didn’t know about this legislation. recognized government-to-government this issue, Senator AKAKA was the one I am sorry we are no longer really a relationship with the United States of who made sure we did. He has been a debating body. I would love to debate America. The process set forth in the champion for the people of Hawaii. He this. I would love to try to ask them to bill empowers Native Hawaiians to ex- is always working hard and thinking understand what happened in Alaska. plore and address the longstanding big to realize this ideal for the native The rights of Alaskans aren’t the same. issues resulting from the overthrow of population of his State. They are truly There were people who said: You can’t the kingdom of Hawaii. fortunate to have Senator AKAKA as do that; that will create a State within There are three main provisions of their Senator. a State. There were people who said: the Native Hawaiian Government Reor- I urge my colleagues in the Senate to You can’t do that; they will rebel ganization Act. vote for the Native Hawaiian Govern- against the United States. First, the bill establishes the Office ment Reorganization Act of 2005. I will These people are good Americans. of Native Hawaiian Relations in the be proud to add my vote to the roll They serve in our military. They just Department of the Interior to serve as call. have a different culture, and it has a liaison between the Native Hawaiians I yield the floor. never been recognized by our govern- and the United States. The PRESIDING OFFICER. The Sen- ment as it should. It was done in Alas- Second, the bill establishes the Na- ator from Hawaii. ka in 1971. It is long overdue here. tive Hawaiian Interagency Coordi- Mr. AKAKA. Mr. President, before I I ask unanimous consent that the nating Group that will be comprised of yield time to the Senator from Alaska, time between 6 and 6:30 be controlled Federal officials from agencies that ad- I would like to say a word about seces- by the majority, and the time between minister Native Hawaiian programs. sion. This bill in no way allows the 6:30 and 7 be controlled by the minor- These provisions are intended to in- State of Hawaii to secede from the ity. crease coordination between Native United States. To reiterate my prior The PRESIDING OFFICER. Without Hawaiians and the Federal Govern- statement, I support addressing the objection, it is so ordered. ment. legal and political relationship be- The Senator from Hawaii. And third, the bill provides a process tween Native Hawaiians and the United Mr. AKAKA. Mr. President, I yield as for reorganizing the Native Hawaiian States within Federal law. I do not much time as he needs to the Senator government entity. Once the entity is support independence. I do not support from Illinois. reorganized and recognized, there is a secession of the State of Hawaii from The PRESIDING OFFICER. The Sen- process of negotiations to resolve long- the United States. ator from Illinois is recognized. standing issues such as the transfer of This bill extends the Federal policy Mr. OBAMA. Mr. President, I rise in and jurisdiction over lands, natural re- of self-governance and self-determina- support of the Native Hawaiian Gov- sources, and assets. tion to Hawaii’s indigenous peoples, ernment Reorganization Act of 2005. Support for this bill comes not only thereby providing parity in Federal Although I am a proud Illinoisan, from the people of Hawaii but from policies toward American Indians, proud to be the junior Senator from Il- people all across America. This bill Alaska natives, and native Hawaiians. linois, many of you know that I was also is supported by the indigenous The bill focuses solely on the relation- born and raised in Hawaii. Anyone who peoples of America, including Amer- ship between the United States and Na- has been fortunate enough to visit or ican Indians and Alaska natives. As tive Hawaiians within the context of call Hawaii home, as I once did, and as Americans, we pride ourselves in safe- Federal law. my grandmother and sister and ador- guarding the practice and ideas of lib- None of the numerous federally rec- able niece still do, anybody who has erty, justice, and freedom. By sup- ognized tribes have been accused of spent time in Hawaii cannot help but porting this bill, we can continue this seeking to cause their State to secede recognize the uniqueness of the place. great American tradition and fulfill from the Union because of their legal In addition to its scenic landscapes and this promise by affording Native Ha- and political relationship with the rich history, it is the living legacy of waiians the opportunity to recognize United States. Such claims are false aloha—the spirit of openness and their governing entity and have it rec- and meant to instill fear in those who friendliness that is ingrained in the ognized by the Federal Government. are unfamiliar with the nature of gov- shared, local culture that shapes and As someone who grew up in Hawaii ernment-to-government relations be- enhances each island encounter and ex- and has enormous love for the Hawai- tween tribal entities and the United perience. ian culture, I also think it is impor- States. Throughout Hawaii’s history, indi- tant, as I know the two Senators from Given Hawaii’s history, I have a viduals of all nationalities, races and Hawaii will acknowledge, that there small group of constituents who advo- creeds have found solace in Hawaii. In have been difficulties within the com- cate for independence. Why? Because large part this stems from the culture munity of Native Hawaiians, often- there hasn’t been a structured process of Native Hawaiians, who have always times despite the fact that we are visi- to deal with the longstanding issues re- acknowledged and celebrated diversity. tors to Hawaii; that many times par- sulting from the overthrow. The ab- This incorporation of new cultures and ticularly young Native Hawaiians have sence of a process to resolve the issue practices over the years has strength- had difficulties in terms of unemploy- has led to frustration and desperation. ened and unified the community. And ment, in terms of being able to inte- My bill provides a structured process as the child of a black father and a grate into the economy of the islands, to begin to address these longstanding white mother, I know firsthand how that some of the historical legacies of issues. Contrary to the claim of divi- important Native Hawaiian efforts are what has happened in Hawaii continue siveness, my bill goes a long way to to foster a culture of acceptance and of to burden the Native Hawaiians for preserve the unity of the people of Ha- tolerance. many years into the future. waii. For this reason, I am proud to join This bill gives us an opportunity not I yield time from our side to Senator Senator DANIEL AKAKA to extend the to look backward but to help all Ha- MURKOWSKI of Alaska. Federal policy of self-governance and waiians move forward and to make The PRESIDING OFFICER. The Sen- self-determination to Native Hawai- sure that the Native Hawaiians in that ator from Alaska is recognized. ians. Native Hawaiians are a vital part great State are full members and not Ms. MURKOWSKI. I thank the Sen- of our Nation’s cultural fabric, and left behind as Hawaii continues to ator from Hawaii for his leadership on they will continue to shape our coun- progress. this issue, for his leadership on behalf try in the years to come. This is an important piece of legisla- of the people of Hawaii. There is so The Native Hawaiian Government tion. I take a minute to commend the much in common that the Alaskans in Reorganization Act provides both the senior Senator from Hawaii, Mr. the north share with our neighbors in process and opportunity for Native Ha- INOUYE, and most of all Senator AKAKA, the Pacific. I would like to take a few

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.088 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5577 moments to speak a little bit about the Leading constitutional scholars, in- But for me the most gratifying thing history and how the history of our cluding our esteemed Chief Justice is to see young native people who are Alaska Natives ties in with the Native John Roberts, have argued that Native leading their communities into the new Hawaiians and why I stand today in Hawaiians also fall within the purview millennium. You see them in manage- support of the legislation offered by of the Indian Commerce Clause. I think ment and developmental positions ev- Senator AKAKA. it is high time that this Congress con- erywhere in the Alaska native As Abraham Lincoln is revered by firm that they do. healthcare system. the African American community as The American Indian Law Deskbook, The institutions created and fostered our first civil rights President, Richard 2d edition, authored by the Conference by the Alaska Native Claims Settle- Nixon is held in esteem by America’s of Western Attorneys General, an asso- ment Act have helped countless native native people for his doctrine of self- ciation of state attorneys general, young people pursue educational oppor- determination. President Nixon knew quotes the U.S. Supreme Court’s deci- tunities at the undergraduate and that in order for the native people to sion in United States v. Antelope for graduate level. Young people from the break out of the despair and poverty this point. villages of rural Alaska are going off to that gripped their lives, they would Congress may not bring a community or school and returning with MBAs and need to be empowered to take control body of people within the range of its Indian degrees in law and medicine, nursing, of their own destiny. One of President Commerce Clause by arbitrarily calling education and social work. them an Indian tribe, but . . . the questions As I visit the traditional native vil- Nixon’s legacies to America’s first peo- whether, to what extent, and for what time ples is the Indian Self Determination they shall be recognized and dealt with as lages in my State of Alaska, it is evi- and Educational Assistance Act. An- tribes are to be determined by the Congress, dent to me that the Alaska Native other one is the Alaska Native Claims and not by the courts. Claims Settlement Act accomplished Settlement Act. These two pieces of As anyone who has been to law much more than settling land claims legislation eliminated any doubt as to school knows, when the courts apply and creating native institutions. This whether the Native people of Alaska arbitrariness as the standard of review, legislation empowered a people. The were recognized as among the first peo- they are highly deferential to the ini- Native people of Alaska have regained ple of our United States and were, tial decision maker, whether that deci- their pride in being native. Even as na- therefore, eligible for the programs and sion is made by the executive branch or tive people are pursuing careers that services accorded to Native people. the legislative branch. their ancestors never considered, there Yet it took more than a century from And the new 2005 edition of Cohen’s is a resurgence of interest in native the time the United States acquired Federal Indian Law treatise, which has languages and native culture in many Alaska from Russia for the legitimate historically been regarded as the defin- of our native communities. claims of Alaska’s native people to be itive authority on Federal Indian Law The empowerment of Alaska’s Native resolved. One hundred and three years notes that ‘‘no Congressional or execu- people also enriches the broader Alaska to be exact. President Nixon signed the tive determination of tribal status has community. Thousands of Alaskans Alaska Native Claims Settlement Act been overturned by the courts’’ and in- participate in programs offered by the into law on December 18, 1971. It has deed the Supreme Court has never re- Alaska Native Heritage Center in An- been amended by Congress to clarify fined the arbitrariness standard to chorage. The Athabascan Old Time one ambiguity or another on numerous which I referred. Fiddler’s Festival and the World Es- occasions since. The Alaska Native Claims Settle- kimo-Indian Olympics enable the na- The Indian Commerce Clause of the ment Act was most importantly, a set- tive people of Interior Alaska to share United States Constitution, which pro- tlement of land claims. But it has their culture with the Alaska commu- vides the legal basis for our Nation’s turned out to be so much more for nity. special relationship with its native Alaska’s native people. It created na- At the time the Alaska Native people, speaks of the authority of Con- tive owned and native controlled insti- Claims Settlement Act became law, gress to regulate commerce with the tutions at the regional and village some believed that it would balkanize Indian tribes. It is now well established level. These institutions, the Alaska the State of Alaska and separate peo- that this provision of the Constitution Native Corporations, have functioned ple from one another. As we approach is the legal basis for our Nation’s spe- as leadership laboratories, helping a the 35th anniversary of the Alaska na- cial relationships with the Native peo- people who traditionally lived a sub- tive land claims settlement, I can state ples of Alaska. sistence lifestyle gain the skills nec- with confidence that this single step of Some of Alaska’s native people re- essary to run multi-million-dollar eco- recognizing the legitimate claims of gard themselves as Indians. But the Es- nomic enterprises. I am not only refer- Alaska’s native peoples has made our kimo and Aleut peoples of Alaska, who ring to the profit-making corporations State a better place. It strengthened have also been recognized by this Con- created by the act, but also the people our ties to the past. It strengthened gress and the courts as deserving of the serving institutions that manage In- our sense of community. It enables all special relationship, most certainly dian Self Determination Act programs. of us, native and non-native alike to would not regard themselves as Indi- The Alaska native health care deliv- take pride in Alaska. ans. ery system is a prime example of Presi- Some 112 years have passed since the In Alaska, the basic unit of native or- dent Nixon’s self-determination poli- overthrow of the Kingdom of Hawaii, ganization is the village and while cies at work. At one time the Federal depriving the Native Hawaiian people some villages refer to themselves as Government administered the delivery of their self-determination and their ‘‘tribes,’’ many native villages do not. of health care to the native people of land. Some 112 years after the Native The Inupiaq Eskimo villages carry Alaska through the Indian Health Hawaiian people came under the con- names like the native village of Bar- Service. Today, the native people ad- trol of the United States, I am sad to row, the native village of Kaktovik, minister their own health care delivery note that their status among the ab- and the regional governing body of system under a self-governance com- original peoples of the United States North Slope Inupiaq Eskimos refers to pact with the Federal Government. remains in controversy. itself as the Inupiaq Community of the This healthcare system is recognized This controversy persists even Arctic Slope. around the world as a laboratory for though the Congress has enacted more Alaska’s native peoples are Aleuts, innovation. It is a pioneer in the use of than 150 separate laws that recognize a Eskimos and Indians and their units of telemedicine technology to connect special relationship between the Native organization include entities like tra- clinics in remote villages to doctors at Hawaiian people and the United States. ditional councils, village councils, vil- regional hospitals, and at the advanced Among these laws is the Hawaiian lage corporations, regional consortia Alaska Native Medical Center in An- Homes Commission Act of 1921, which and subregional consortia. Yet neither chorage. Confidence in the quality of set aside lands for Native Hawaiians the Congress nor the Federal courts care delivered by the native healthcare much like the Alaska Native Allot- deny all fall within the purview of the system rose when native people took ment Act set aside lands for Alaska Indian Commerce Clause. over the system. Natives.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.089 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5578 CONGRESSIONAL RECORD — SENATE June 7, 2006 Now you would think that if Native that will flow from its enactment. I, there for us in our long fight for Alaska Na- Hawaiians were regarded as not having for one, am unwilling to speculate on tive rights, including subsistence; Now the status of Indian people under the the outcome of the negotiations be- therefore be it Commerce Clause, that the Congress tween the United States, the State of Resolved, That the Board of Directors of the Alaska Federation of Natives declares its would not have set aside land for them Hawaii, and the organization of Native unqualified concern for, and support of, the or made them eligible for the sorts of Hawaiians established by this legisla- Hawaiian people in their quest for federal programs and services for which native tion. This legislation on its face states recognition as indigenous people of the people are eligible. But the Congress that it does not authorize Indian gam- United States; and be it further has done so time and time again and ing, it does not vest the Native Hawai- Resolved, That the Alaska Federation of Presidents continue to sign these bills ian organization formed under its pro- Natives’ Board of Directors direct the Presi- into law. visions with civil or criminal jurisdic- dent and staff to assist the State of Hawaii’s I am referring to the inclusion of Na- tion, and it does not require that Fed- political leadership in this critical effort, by all appropriate means. tive Hawaiians in laws like the Native eral programs and services to other ab- American Programs Act of 1974 and the original peoples of the United States be Ms. MURKOWSKI. Celebrating the Native American Graves Protection reduced in order to provide access to distinctive cultures and ways of our and Repatriation Act, which protect the native peoples of Hawaii. It also first peoples strengthens of us. The the interests of all of America’s native does not create Indian reservations in Alaska Native Claims Settlement Act peoples. Hawaii. has stood the test of time and proven I also refer to laws such as the Native Sharing and inclusion are funda- to be a good thing for the people of Hawaiian Healthcare Act and the Na- mental values to the native people of Alaska—native and non-native alike. tive Hawaiian Education Act which Alaska. The Alaska Federation of Na- During his introductory remarks, the specifically rely on Congress’s plenary tives, which is the oldest and most re- Senator from Tennessee, Mr. ALEX- power over matters involving Indians spected organization representing all of ANDER, drew some distinctions between for their authority. Alaska’s native peoples, strongly sup- the situation of the Native Hawaiians This controversy persists even ports the inclusion of Native Hawaiians and those of Alaska Natives. I would though this Senate passed by a margin among our first peoples, just as it sup- like to offer a few observations for the of 65–34, an Apology Act in 1993 which ports the legitimate claims of the Vir- RECORD. was ultimately signed into law as Pub- ginia tribes and those of the Lumbees It is true that some Alaska Natives lic Law 103–150. Through this Apology of North Carolina. I ask unanimous now and at the time the Alaska Native Act, the Congress expressed its com- consent that the AFN’s resolution of Claims Settlement Act of 1971 was en- mitment to provide a proper founda- acted live in Alaska Native villages. tion for reconciliation between the support be printed in the RECORD. There being no objection, the mate- Those villages have never been re- United States and the Native Hawaiian garded as Indian reservations. Non-Na- people. rial was ordered to be printed in the RECORD, as follows: tives live in Alaska Native villages The bill before us, S. 147, is the log- alongside Alaska Natives. IN SUPPORT OF THE HAWAIIAN PEOPLE ical next step in the process of rec- But more significantly, the Alaska Whereas: the aboriginal people of the Ha- onciliation. It is the product of many Native Claims Settlement Act of 1971 years of hard work by our esteemed waiian Islands, like Alaska Natives and Indi- ans of the Lower 48 states, have long been did not require that one reside in one colleagues, Senator AKAKA and Senator the victims of colonial expansionism and ra- of the Alaska Native villages or even in INOUYE. It has earned the support of cial discrimination; and the State of Alaska to be a beneficiary the Governor of Hawaii, the Honorable Whereas: the Office of Hawaiian Affairs, a of the settlement. All it required it Linda Lingle, and the support of the unit of state government, has for years ad- that an individual have as a result of Hawaii Legislature. It is endorsed by ministered trust funds for the benefit of Na- one’s ancestry a specified quantum of every major Indian group in our Na- tive Hawaiians under the aegis of a Board of Aleut, Eskimo or Indian blood to be an Directors elected by Native Hawaiians; and tion—the National Congress of Amer- initial shareholder in an Alaska Native ican Indians, the Alaska Federation of Whereas: in the recent Rice v. Cayetano Corporation. The Federal Government Natives and the Council on Native Ha- ruling, the U.S. Supreme Court held that determined who was eligible to receive waiian Advancement. It has been care- this electoral process violates the Fifteenth Amendment to the United States Constitu- stock by formulating a roll of Alaska fully considered by the Senate Com- tion, which prohibits the use of race as an Natives. mittee on Indian Affairs which has re- eligibility factor in voting; and Recognizing rates of intermarriage ported the bill favorably to the full Whereas: the Rice decision opens the door among Alaska Natives, Congress has Senate. to additional lawsuits that would threaten amended this legislation to give de- First and foremost, it conclusively the status and well-being of Hawaiians—and resolves the issue of whether Native could create serious implications for Alaska scendants of a corporation’s original Hawaiians are aboriginal peoples Natives and other indigenous Americans; and shareholders an opportunity to partici- alongside American Indians and Alaska Whereas: the most experienced legal strat- pate in the corporations on a co-equal natives. This is a process that the na- egists in Hawaii, including the Governor and basis with those shareholders who had the Congressional Delegation, have deter- the requisite blood quantum. tive people of Alaska waited 108 years mined that the best response to the Rice de- to resolve. It is important for the Con- At the time that the claims act was cision is that the United States Congress passed Alaska Natives resided in every gress to resolve these issues in order to enact legislation specifically recognizing the assure that the programs we have en- Hawaiians as an ‘‘indigenous people’’ of the urban center of Alaska and many re- acted for the benefit of Native Hawai- United States; and sided outside of the State of Alaska. ians are free of constitutional chal- Whereas: the State of Hawaii, particularly They too lived as everyone’s next door lenge. when compared to Alaska, has generally neighbor and were mixed in with the It provides for the organization of treated its indigenous population with re- State’s population. Native Hawaiians in a form that the spect and it is now making a unified effort to In the 34 years since the claims act avoid the damage that Rice could do its own adult members of that community de- was passed more and more Alaska Na- future; and tives have relocated to regional hubs, termine by an open and transparent Whereas: there are several compelling rea- ballot. And it empowers that Native sons why AFN and the statewide Alaska Na- to Alaska’s largest cities, and to loca- Hawaiian organization to negotiate tive community should now stand up for the tions outside Alaska. Today, Anchor- with the State of Hawaii and the Hawaiian people during the struggle for their age is regarded as Alaska’s largest Na- United States of America over the di- appropriate legal status: tive village. Some even live in Hawaii. rection that Native Hawaiian self-de- (1) because it is the right and just thing to Yet they have not lost their status as termination may take. This is a mod- do; Alaska Natives in fact as in law. All re- (2) because all Americans have a vested in- main eligible for services customarily est piece of legislation that simply es- terest in healthy social relationships, racial tablishes a framework for negotiations tolerance, and political cohesion; and provided to American Indians and Alas- to take place in the future. (3) because the Hawaiian Congressional ka Natives under the law. Some of the opponents of this legisla- Delegation—and above all, Senators Daniel I trust in the judgment of my re- tion have set out a parade of horribles Inouye and Daniel Akaka—have always been spected colleagues, Senator AKAKA and

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.053 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5579 Senator INOUYE, and my friend, Gov- only tax that was energized not by eco- simply because they had a terrible ernor Lingle, that passage of S. 147 will nomic activity—in other words, usu- thing happen, which is they died, enrich the lives and spirits of all of the ally when you are taxed, you do some- maybe accidentally, and then you are people of Hawaii. thing that generates economic activ- going to say that instead of encour- I ask that my colleagues support clo- ity. You have a job so you have in- aging economic activity, which is what ture to enable us to debate S. 147. With come; you make an investment and the purpose should be of our tax laws, that, I yield the floor. make a sale of that investment, so you you are actually going to create a tax The PRESIDING OFFICER. The Sen- have capital gains. Whatever it is, it is which contracts economic activity. So ator from Hawaii is recognized. an economic event that you energize, it is discriminatory, inappropriate, and Mr. AKAKA. Mr. President, I thank that you initiate, and it has generated irrational, and on top of that, to make the Senator from Alaska for her sup- some sort of income to you. things worse, the United States has the port. I yield whatever time is left to The death tax is the only tax we have third highest estate tax, death tax rate the Senator from Arkansas, Mrs. LIN- which has nothing to do with economic of the industrialized world. In fact, our COLN. events. It just has to do with an unfor- rate is so high that we are even above— The PRESIDING OFFICER. The Sen- tunate luck of the draw. You are cross- and this is hard to believe—we are even ator has 18 seconds. ing the street and you get run over by above France. When you get above Mrs. LINCOLN. Mr. President, first a postal truck and die, which is enough France in an area of taxation, you have of all, I compliment my colleagues of an action to upset your day, and really started to suffocate economic from Hawaii, Senator INOUYE, and Sen- then the IRS comes by and they run activity, entrepreneurship, and cre- ator AKAKA especially, for sharing his over you again. So you end up not only ativity because they are sort of the time and for the incredible work they having your day totally ruined because poster child for basically how to make have done on behalf of the people they you got run over by the postal truck to an economy nonproductive and encour- represent in the State of Hawaii. I begin with, but then your family has age people not to work and basically be wanted to take this opportunity to—— their day ruined because they not only a socialist state. This whole concept of a death tax, The PRESIDING OFFICER. The Sen- lost you, but they suddenly have to pay first, makes no sense from the stand- ator’s time has expired. The next 30 this huge tax if you are an entre- minutes, by unanimous consent, is to point of tax policy; it is not generated preneur. by economic events, and it makes no be controlled by the majority. Does the The problem is that it hits most sense from the standpoint of economic Senator from Arkansas have a unani- discriminatorily that small entre- policy because it usually leads to con- mous consent request? preneur in our society who basically traction of growth rather than expan- Mrs. LINCOLN. Yes. I ask unanimous creates jobs—the small business per- sion of growth. And it certainly makes consent to proceed for 5 minutes. son—a person who has made an invest- no sense that the United States, which The PRESIDING OFFICER. Is there ment and built an asset throughout should be a bastion of the promotion of objection? their life. Maybe it is people who go entrepreneurship and a bastion of sup- Mr. GREGG. Reserving the right to out and start a restaurant, maybe em- porting family farmers, the family res- object, and I have no desire to object, ploy 10, 15, 20 people; people who go out taurant, the family gas station, the my time was starting at 6 o’clock, and and start a printing business or make family entrepreneur, is taxing those then Senator SESSIONS has 10 minutes. an investment in real estate, an apart- families at a rate which is higher than He needs to leave by 6:20. He is not ment, build housing for people. They the French do. here. I think that was the original are just getting going, they don’t have There is a proposal—in fact, really agreement. a whole lot of assets, and they are not there is a series of proposals—in the Would the Senator be willing to start very liquid usually—in fact, these folks Senate today and the next few days at 6:20 and have 5 minutes then? are not liquid at all because it is most- which will allow us to put in place a Mrs. LINCOLN. If there is an objec- ly tied up in real estate—and suddenly more rationalized approach to the tion, I will certainly yield. they have this traumatic event with death tax. To get to that point, we The PRESIDING OFFICER. Is there the key person in the family dying who have to have, it appears, a cloture vote an objection? maybe built this business and then on full repeal, which was the House po- Mr. GREGG. That will still be on our they get hit with a tax. sition. But three or four of our col- time, as I understand it. If the Senator Not only is it a tax which has noth- leagues have put forward ideas that do is agreeable, I suggest that at 6:20 she ing to do with economic activity, it is not involve full repeal—I support full be recognized for 5 minutes. actually a tax which has the ironic and repeal—but these are more modest ap- The PRESIDING OFFICER. Without unintended consequence, I presume— proaches. Senator KYL has been leading objection, it is so ordered. but it is exactly what happens—of ac- the effort in this area. Senator BAUCUS Mr. GREGG. Mr. President, I apolo- tually crushing economic activity and appears to be pursuing this effort. Sen- gize to the Senator, but Senator SES- reducing economic activity and, in ator SNOWE, I know, is pursuing it. SIONS advised me he wants me to be many cases, costing jobs because the There are options floating around the completed by 6:10. small family business or the farm, Congress—the Senate specifically— The PRESIDING OFFICER. The Sen- which was being operated by this sole which, hopefully, can be pulled to- ator from New Hampshire is recog- proprietor, in most instances, or this gether and moved forward. nized. small family unit, suddenly can’t find It truly is time to do this. We need to REPEAL OF THE ESTATE TAX itself capable of meeting the costs of put in place a clear statement of what Mr. GREGG. Mr. President, I rise paying the estate tax—it didn’t ever the tax policy is going to be if you have today to support the effort which is plan for that or if they did plan for the unfortunate experience of being being pursued in the Senate in a bipar- that the cost of planning for that was run over by a postal truck. And it tisan way, I certainly hope, to rid our- pretty high—and so they have to sell should be a clear statement that if you selves of the death tax, especially as it their assets which usually means the are a small entrepreneur with a family- applies to smaller estates. people they employ are at risk or type business or a farm, that your fam- The death tax makes virtually no maybe they have to just close down the ily is not going to be wiped out by the sense from a standpoint of tax policy. whole operation. IRS coming in on top of this terrible Before I was elected to the Senate and So the economic activity contracts, event and taking basically a dispropor- before I got into public office, I was an and instead of having a business that tionate and inappropriate share of your attorney. At the time, I went back to might have been growing, you end up assets and basically contracting and graduate school for 3 years and got a with a forced sale, the practical effect eliminating your business and putting graduate degree in tax policy and tax- of which is you contract economic ac- your family’s livelihood at risk. ation, an LLM, as it is called. One of tivity. The reason we need to do it now, the areas I specialized in at that time First you have this really incompre- even though most of this won’t take ef- was estate tax planning. It always hensible concept that you are going to fect until 2010, I can tell you as an es- seemed ironic to me that this was the tax people not for economic gain, but tate tax planner before I took this job,

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.046 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5580 CONGRESSIONAL RECORD — SENATE June 7, 2006 before I got into public service, you because they won’t have the money to nomic Advisers, has written two times need that lead time to do it right. You do it. He said we are capping off the that in her opinion the cost of compli- just can’t overnight plan for tax policy. growth rate, instead of allowing that ance and avoidance—as the big, You have to have lead time, you have company to devolve to his heirs so it wealthy people spend a lot of money to have a clear statement of what the would continue to be run in that fash- trying to avoid this tax—may be as tax policy is going to be, and consist- ion. high as the revenue raised. How hor- ency is critical. Putting this in place Think about a person who may own rible is that, to have a tax that costs as now so it will be effective in 2011, 5,000 acres of land, let’s say. That much to collect as it brings in in rev- which is what most of the proposals sounds like a lot. They have managed enue? are, is absolutely essential if we are well. They have been a good steward I have a deep concern about the scor- going to have an effective reform of for 50, 60 years. They saved money. ing that has been produced by the this death tax law which we presently They drove an old pickup truck. They Joint Tax Committee on this death tax have. have a modest home. They are frugal. repeal. I do not believe it is accurate. I Mr. President, I see the Senator from We know people like that. have not believed it has been accurate Alabama is in the Chamber. I yield the What about International Paper? for quite some time. The Wall Street floor. They own millions of acres of land. Journal just devastated their analysis The PRESIDING OFFICER. The Sen- International Paper will never pay a a couple of days ago in an article. I be- ator from Alabama is recognized. death tax. But yet this landowner who lieve it is absolutely incorrect. I would Mr. SESSIONS. Mr. President, I is competing—maybe they have a for- note that they scored the reduction of couldn’t agree more with Senator estry business—competing, in a way, the capital gains tax a few years ago, GREGG’s comments. He is someone who directly against International Paper. reduced it from 20 to 15 percent, as has had experience with the estate tax. But every generation of this family, costing the Federal Government bil- He understands these ramifications Robert Johnson, the motel owner, has lions of dollars. The truth is, the Fed- well. to pay a tax the big guys don’t pay. Do eral tax revenues from capital gains in- My college professor, Harold you want to ask why we are seeing con- creased when the capital gains tax was Apolinsky, in Birmingham, one of the solidation of wealth in America today? reduced, and they missed it by more great estate tax lawyers in the coun- I submit to you that is the reason. than $80 billion. They had a reduction try, has dedicated his career in recent Independent bankers, funeral home di- projected, we ended up with a substan- years to eliminating this tax. He said rectors, they are selling out in large tial increase, and the difference be- it is the worst thing happening to our numbers. They can’t afford to manage tween their projection and reality was country, and it absolutely ought to be their business. They have to get liquid over $80 billion. Do you know they eliminated. He said: Even if it affects so if something happens to them, they won’t tell us how they compute this my business, I am doing this because I can pay the death tax. It brings in less death tax cost? They will not tell the think it is the right thing to do. He has than 1.3 percent of the income to the Members of this Senate what their inspired me to be active in this area. United States Government. I submit working numbers are. I would like to share three stories. the way it is working today is destroy- So I will give some more information I was traveling in a small town in ing competition. It is hurting, sav- on my concerns about the score, but I Alabama. A man came up to me with aging, killing off vibrant, growing will again note that it brings in less his son. They have three motels. He small businesses, the family-owned en- than 1.3 percent of the revenue to the was sharing with me their frustration tities that need to be competing Government. It is time to eliminate it. that they had to take out an insurance against the big guys. It will be great for our economy. It will policy that cost the family $80,000 a It reminds me of going into a forest eliminate a tax that costs as much to year because if something happened to of trees and there is this little tree try- administer as it does to collect. It will him, they had no cash—they had built ing to grow up in the middle of the for- stop savaging small businesses. It will motels, they were investing in a grow- est and somebody just comes in every stop preying on families during the ing economy and expanding this small generation and chops off the top of the most painful time in their lives: the business and they had no cash—and little tree. How can it ever compete death of a loved one. they would be faced with a death tax. against the big guys if it has to pay a I yield the floor. I want my colleagues to think about tax they don’t pay? The PRESIDING OFFICER. The Sen- this: Against whom is this small busi- I believe it is important for us for a ator from Georgia is recognized. ness family competing? It is competing lot of different reasons. This is why I Mr. ISAKSON. Mr. President, I com- against Holiday Inn, Howard John- think we ought to eliminate the whole mend the Senator from Alabama, Mr. son’s, Courtyard Marriott, and who all thing: some of these companies are $50 SESSIONS, on his remarks. else—huge international corporations million, $100 million companies, but Mr. ISAKSON. Mr. President, Sen- that never pay a death tax—never pay they are tiny—$200 million, $300 mil- ator SESSIONS is absolutely correct, it. But this closely held family busi- lion, but they are tiny compared to Senator GREGG is absolutely correct, ness can be devastated. And if we don’t these big, international corporations. and this Senate will be absolutely cor- change the law, as we all know, in 2011, Polls show that the death tax is the rect if we vote to go to cloture so we this tax will again be 55 percent of net most unfair tax—Americans consider it can proceed on the total repeal, or at worth over the base amount. the most unfair tax because people least an additional repeal, of the estate We need to be encouraging these have already paid their money. You tax. There are a lot of reasons, but I kinds of businesses. I got a call yester- earn money, and then you pay, if you want to try and make my point suc- day from Robert Johnson, the founder are in the higher income bracket, a 35- cinctly and I want to make it briefly and CEO of Black Entertainment Tele- percent tax rate, and then you buy an because I want to point out how puni- vision. He told me that the death tax asset with it, and a few years later, you tive the estate tax is today. was going to make it impossible for Af- die, and Uncle Sam comes in and he Most Americans are employed by rican Americans to continue to develop wants 55 percent of it. What kind of a small business; 75, 76, 77 percent of all wealth. He said he is competing against tax system is that? It is really a confis- Americans are employed by small busi- CBS, ABC, NBC, and Fox. He is not as cation. ness. It may be a restaurant, it may be big as they are, but he is competing. He Also, this is very important: Any a laundry, it may be a farm, it may be has made some money. If something good tax should be clear, fair, easy to a construction company, it may be a happens to him, the family is going to collect, and does not cost a lot of utility contractor just like the ones have to take out of his business huge money to collect. When you evaluate that are in town today lobbying all of amounts of cash reserves. What then the death tax by those standards, it is us for the best interests of their busi- will happen? BET will be put on the the worst tax of all. ness. Most people work a lifetime to sale block, and it will be bought, as he Alicia Munnell, a professor of finance build a business. They employ people said, by some big conglomerate. It will at Boston College and a former member to whom they pay income. The people not be bought by an African American of President Clinton’s Council of Eco- to whom they pay income pay income

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.092 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5581 taxes. Yet when the tragedy of death I want to address another point that The Senator should note that he is on comes, an individual owner of a small Senator SESSIONS made that is so im- majority time by a previous unanimous business dies, immediately they are portant for us to focus on as we listen consent agreement. Is there objection confronted with one of the most puni- to the two sides of this debate tonight to the Senator proceeding? There being tive and confiscatory taxes that has and tomorrow. You will have some no objection, the Senator from Con- ever been devised in the history of tax- come and they will take that score on necticut is recognized. ation. how much the repeal is going to cost Mr. DODD. Will the Chair repeat his Granted, we did a good job when we us, and they will talk about that score, statement? passed the accelerated improvements saying that is a reason we should not The PRESIDING OFFICER. The Sen- in the unified credit or the deduction repeal the estate tax or the death tax. ator is speaking under the majority on the estate tax. This year, based on I submit, as Senator SESSIONS did, that time previously agreed to under a the bill we passed a few years ago, score is dead wrong because just as the unanimous consent agreement. I pre- there is a $2 million exemption, and scoring of the reduction in the capital sume there is no objection to the Sen- that is a help, and it goes to $3.5 mil- gains tax was dead wrong a few years ator proceeding. lion in a couple of years. Then, magi- ago, this scoring is equally dead wrong Mr. DODD. I hear no objection, Mr. cally, the estate tax is repealed in 2010, and it is wrong for this reason: If that President. Since no one is on the floor, only to return to us a year later, to re- family business that was reduced to al- obviously, that makes it easier. turn to us at 55 percent. So we are ask- most nothing has to be sold, then along MARRIAGE PROTECTION AMENDMENT ing people who work a lifetime to save with what is sold is the jobs that went Mr. DODD. Mr. President, if I can, I and build a business, to plan, based on with it, the income that went with it, wanted to spend a couple of minutes on a tax that is here today, gone tomor- and the future taxes that were paid be- a matter that this body voted on this row, and then returns with a vengeance cause of it. morning. I was unavoidably absent this a year later. Think of this for a second. If someone morning at a family matter in Rhode To best illustrate what the estate tax has stock they have to sell and liq- Island, so I was not here for the vote. does to American small business, uidate in order to pay the one-time But I wanted to just take a minute or ranchers, and family farmers, I would capital gains tax, then it is gone for- so here to say to my colleagues and to like to do a little demonstration on the ever from the standpoint of the income others that had I been present this Senate floor. For the sake of argument, production that they otherwise would morning, I would have voted no on the let’s just round the 55 percent estate pay with dividends year in and year motion for cloture, and had cloture tax off to 50 percent, and let’s assume out. Wouldn’t we rather have people been invoked, I would have voted for a moment that a small business hold assets such as businesses and against the amendment. I am speaking owner, a family farmer, passes away stocks and real estate and pay taxes on of the proposed constitutional amend- and dies and their estate becomes its profitability and its income year ment that would have banned same-sex taxed at 50 percent. After the credit after year after year? Wouldn’t we marriages. that is available now, or when we get rather that happen than all at once to Like many of my colleagues who back to 2011, no credit at all, the take 50 percent, cause the business to have spoken on this matter, I believe United States of America and the de- be sold, the stock to be liquidated, the this is a matter that belongs in the partment of revenue, the IRS, want to real estate to be divided, and the rev- States. This is not a matter that ought tell the heirs of that estate that within enue never to be paid again? It is short- to be a part of the Constitution. I have 9 months of the death of that indi- sighted and it is wrong. been here for a number of years in the vidual, they want this much of that I hope the Members of the Senate, Senate, and over the history of this person’s estate. If one sheet of paper is when we come to the cloture vote to- great country of ours there have been the whole estate, they want half of it morrow, will recognize the death tax is over 11,000—more than 11,000 proposed in taxation. the third bite of the apple. We charge constitutional amendments. The Con- So when the first generation owner of people income tax when they earn in- gress and the Nation in its wisdom over a small business passes that business come, with what is left they make in- the years have adopted only a handful on to the second generation, after the vestments, and then as those invest- of those proposals—27 is the number of Government gets its half, there is only ments pay dividends or pay income, we amendments that have been adopted this much left. tax that, and then we say: When you since the formation of our country. Let’s assume that family is able, be- die, we want half of that asset. It is The reason for that, of course, is the cause of savings and because of bor- wrong. It is wrong for individuals, it is Founders insisted that it be not an rowing and because of productivity, to wrong for family farmers, it is wrong easy matter to amend the Constitution pay that 50 percent tax without liqui- for landowners, and it is wrong for and that we ought to amend the Con- dating the business, and that second America. stitution to correct problems in the generation small business owner oper- I urge all of my colleagues when the governmental structures or to expand ates that business, employs the work- cloture vote comes tomorrow to vote the category of individual rights such ers in that business, pays them the in- yes to bring about a meaningful debate as the first 10 amendments achieved in come that pays the taxes, but let’s as- on the repeal of the estate tax or the our Nation. sume that second generation person death tax, and let’s take that third bite Our Nation’s constitutional history meets their demise. And when they die, of the apple away from the Govern- clearly demonstrates that change to before they can pass that family busi- ment and put it back in the hands of our Constitution is appropriate on only ness on to the next generation, once the people, so those assets, farms, and the rarest occasions—specifically, to again, the IRS gets half of what is left. investments can be productive, not just correct problems in the government So in two generations, what was a for one year, but for a lifetime. structure or to expand the category of full estate ends up with three-fourths I yield the floor. individual rights such as the first 10 of it going to the United States Gov- The PRESIDING OFFICER. Who amendments which compose the Bill of ernment, and one-fourth of it left to seeks time? Rights. Notably, the amendment to es- the individual or family. Of course, Mr. ISAKSON. Mr. President, I sug- tablish prohibition is the only time that is in reality not really what hap- gest the absence of a quorum. that the Federal Constitution was pens because before that last passing The PRESIDING OFFICER. The amended for a reason other than those takes place, that business is sold or liq- clerk will call the roll. I just mentioned. uidated, or it is leveraged to such an The assistant legislative clerk pro- It was repealed 13 years after its en- extent that the amount of cost of the ceeded to call the roll. actment and has been judged by his- debt service on the leverage makes Mr. DODD. Mr. President, I ask unan- tory to be a failure insofar as it sought that business go from profitable to un- imous consent that the order for the to restrict personal liberty. profitable. That is why the estate tax quorum call be rescinded. The Framers deliberately made it is punitive. That is why it is wrong for The PRESIDING OFFICER. Without difficult to amend the Constitution. this country. objection, it is so ordered. They did not intend it to be subject to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.093 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5582 CONGRESSIONAL RECORD — SENATE June 7, 2006 the passions and whims of the moment. not the conduct of other American cou- fall. What worries me more than any- Time has proven their wisdom. Since ples going about their daily private thing else, however, is I think it is de- 1789, when the first Congress was con- lives. Instead, married couples and all signed to make people angry, to divide vened, there have been 11,413 proposals Americans are feeling the strain of us as a country. I am deeply concerned to amend the Constitution. Sixty-four high gas prices, soaring health care about the growing divisions occurring have been offered in this Congress costs, schools in need of reform, a slug- in our Nation. This is a time when we alone. Luckily, only 27 have been suc- gish economy, and a war in Iraq in ought to be coming together, when our cessful. If all or even a substantial which American men and women are leadership ought to be asking us to sit fraction of these proposed amendments fighting with courage. Yet this admin- down and try to come up with answers were adopted, our founding document istration and others in this body have on some of the overwhelming problems would today resemble a Christmas tree, little to offer to relieve these strains. we face—not problems that are so over- a civil and criminal code rather than a Instead, they seek legislation that will whelming we can’t answer them. In- constitution, and the United States only divide and distract Americans stead, we are spending that valuable would be a very different Nation. from the common challenges we should time on a matter that is clearly de- It is unfortunate that the majority be facing together. signed to do nothing more than inflame leadership of the Senate does not share This proposed constitutional amend- the passions of people in this country James Madison’s view that the Con- ment is not the best use of our time. rather than appealing to calm, to ra- stitution should only be amended ‘‘for We should be addressing the real needs tionality, to common sense, to good certain, great, and extraordinary occa- of American families. We should be leg- discourse as a way of addressing the sions.’’ islating. That is what we are elected to underlying issues. This is a great dis- Supporters of this proposed amend- do—to address issues like autism, un- appointment. Again, I would have voted no on the ment would like you to believe that derage drinking, the growing problem motion to invoke cloture. I am pleased there is currently an ‘‘assault’’ on tra- of obesity among our nation’s children, my colleagues from both parties, in a ditional marriage by some American and the threat of terrorism. But today bipartisan way, rejected that cloture couples and families that warrants we have not been afforded that oppor- motion. It was a good conclusion Federal action in the form of a con- tunity. Instead, today feels like reached here, and I regret I was not stitutional amendment to ‘‘protect’’ Groundhog Day. able to be here to cast a vote along the institution of marriage. They have It is another election year and we are with my colleagues who expressed a utterly failed to marshal even a mini- here discussing another issue that has similar point of view. mal degree of credible facts to support nothing to do with the great challenges THE ESTATE TAX such a claim. of our time. If I may, I wish to turn to the matter Indeed the facts suggest that there is Only on one occasion did we deviate at hand; that is, the debate regarding no such crisis. The Defense of Marriage from that practice and that was the the estate tax. The last time this body Act, DOMA, was enacted in 1996 to pro- adoption of the amendment dealing was scheduled to consider legislation vide a federal definition of marriage with the prohibition of the consump- to repeal the estate tax, the majority and to stipulate that no state should be tion of alcoholic beverages. That was a leader decided to postpone consider- required to give effect to a law of any complete deviation from the two situa- ation of this bill in the wake of the other State with respect to a definition tions in which the Founders intended devastation wrought by Hurricane of marriage. that we would amend the Constitution Katrina. The general consensus was it There has been no successful chal- of the United States. was unseemly for us to be talking lenge to the DOMA in the decade since I might point out that it was only a about having one-half of one percent— its enactment. Courts have never iden- few years after the adoption of the and that is what we are talking about, tified a Federal right to same-sex mar- amendment on prohibition that it was one-half of 1 percent of the population riage. States have never been forced to repealed by the Congress of the United of this country—receive a bonanza, if recognize an out-of-state marriage that States and the people across this coun- you will, by repealing the obligation to try. is inconsistent with its own laws. share part of their estates to con- And no church, temple, mosque, or It would be a mistake, in my view, to tribute to the growth and benefit of synagogue has been forced to perform repeat another error like that which our Nation. The decision was it would marriages inconsistent with the beliefs was committed in the early part of the be unseemly. of those who worship in them. For Con- 20th century when we adopted the pro- In fact, my good friend from Iowa, gress to step in now and dictate to the hibition amendment. the chairman of the Finance Com- Supporters of this amendment like to States how they ought to proceed in mittee, for whom I have a great deal of say that this debate is about an assault this matter thus runs counter to the respect, said, ‘‘It’s a little unseemly to facts. It also runs counter to the prin- on the institution of marriage. I do not be talking about doing away with or ciples of federalism and personal lib- believe that to be the case. I do believe, enhancing the estate tax at a time erty that many proponents of this con- however, that there is currently an as- when people are suffering.’’ stitutional amendment claim to hold sault on families. I am disappointed I agree with my colleague from Iowa. dear. this body is not spending the time allo- I agreed with him then; I agree with I am disappointed that we find our- cated for this debate talking about the him now. If it was unseemly to be talk- selves spending valuable time on the important issues families today. For ing about enhancing the wealth of the Senate floor debating this issue. Less example, we could be talking about the wealthiest in our society at a time than 2 years ago, the majority leader bill dealing with autism that my col- when the Nation was suffering from the brought the same measure to the league from Pennsylvania and I have devastation of Hurricane Katrina only Floor. It failed by a vote of 48 to 50. authored and we are trying to get at- a few short months ago, I suggest that There is no reason to think that it will tention on. Obviously the issues of en- problems have not abated so substan- not fail again. ergy prices, education, health care— tially that we can now make the case It is no coincidence that approxi- there are any number of issues I can that it is no longer unseemly, if you mately 5 months before the upcoming think of that we might have spent time will, to use his language, to adopt a midterm elections the Senator floor is discussing. We should be trying to provision here that would make it far being held hostage by the majority’s come up with some answers rather more difficult for us to address all of misguided priorities. I fear that some than debate a question which has mar- our other priorities as a Nation. of those leading the charge on this leg- ginal significance and minimal impor- I hope our colleagues will agree and islation are more interested in dividing tance for most people and which ought join with others in voting against clo- Americans for partisan gain than unit- really to be left to the States. ture on the motion to proceed to what ing the country to solve problems. Let me also suggest that the motiva- I consider to be irresponsible legisla- Make no mistake: married couples tions behind this may not be helping tion. are under considerable strain these families but instead inciting a political Today’s discussion is about prior- days. But the cause of that strain is debate for the elections coming up this ities, as it always should be. I have

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.047 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5583 supported lower taxes for working wise decision to make to just com- A few months ago, the administra- Americans, including responsible es- pletely repeal a tax that is so impor- tion and the majority of this body en- tate tax reform. I think it is wrong to tant for continuing our ability to meet acted a budget reconciliation bill, the have excessive estate taxes imposed on our obligations. so-called Deficit Reduction Act. This ordinary farmers and small businesses Let’s not forget we are a nation at bill made deep cuts to health care, owners out there who try to leave war, with American troops fighting and childcare, and education, with the bur- those businesses or land to their fami- dying in Iraq and Afghanistan, at a ter- den falling most heavily on working lies. Because of the modest incomes rible human and monetary cost. Re- Americans—in particular on low-in- most people in these groups make, they pealing the estate tax will cost some come parents and children, the elderly, $776 billion over 10 years, which would could find it impossible to do so under and people with disabilities. The Amer- fully be applied beginning after 2011. an excessive tax. ican people were told these cuts were Not a penny of this cost would be off- I note the presence of my good friend necessary because of the deep budget from Arkansas on the Senate floor who set. It would all be added to our Na- deficits our country was facing. Yet speaks eloquently about the farmers in tion’s debt, which is already now at $8.4 here we are today, having been told her State who have been left, genera- trillion. only a few months ago that this great tion after generation, farms and land I made the case a few weeks ago— budget reconciliation act was nec- for succeeding generations to continue how big is $8.4 trillion? If we were to go essary, despite the fact that we are their great traditions. The Presiding out on the Capitol steps out here and Officer comes from a State with a hand out a hundred-dollar bill every going to ask those who are the least strong agricultural tradition. All of single second, 7 days a week, 24 hours a capable in many cases of providing for our States have strong small business day, how long do you think it would their needs, feeling the tremendous components, and all of us understand take to pay off $8.4 trillion? I will tell pressure they are, here we are today the importance of allowing those fami- you the answer. It would take more only a few weeks later being told that lies to pass on to succeeding genera- than 2600 years—24 hours a day, 7 days we can afford to take $1 trillion out of tions the ability to continue those ef- a week, a one-hundred-dollar bill every the budget to serve one-half of 1 per- second, handing it out. It would take forts. But I hope my colleagues agree cent of the estates in this great coun- 2,635 years. That is the amount of debt as well, that talking about the total try of ours. we have accumulated over the last few elimination of this estate tax is, I years, and now we are about to add to Where is the logic in that? Mr. Presi- think, irresponsible. It goes too far that to the tune of almost another tril- dent, 99.5 percent of the estates in our when we start talking about providing lion dollars here if you take what the country would not be adversely af- such a massive benefit for only the revenue loss would be and the added infected by what we are talking about. largest one-half of 1 percent of estates. They would not pay an estate tax. Only I represent the most affluent State in terest cost of some $213 billion. That would be the revenue loss that would one-half of 1 percent would. Yet $1 tril- the United States on a per capita basis. result from repealing the estate tax. lion gets lost as a result of that deci- I presume as a percentage of my popu- More than a trillion dollars that would sion, over the next 10 years, at a time, lation I have a larger number of estates benefit no one at all outside the largest as I mentioned earlier, when we are not that would benefit from total repeal one-half of 1 percent of the estates in paying for the war and we find our- than most of the other members of this the United States; 99.5 percent of the selves in tremendous need if we start body, with the exception of my col- estates in the United States would not talking about education, health care, league, Senator LIEBERMAN. I can tell gain at all by the proposals to have a and homeland security, just to mention you that the few estates that can ben- modification or reform of the estate two or three items. efit as a result of the distinction we are tax. Each year of repeal on average Some proponents of the estate tax re- making between reform of the estate would cost roughly the same in today’s tax and total repeal seems to go too peal have propagated the myth that terms as everything the Government the estate tax disproportionately far, considering the revenue loss it now spends on homeland security and harms farmers and small businesses by would mean to our country. education. We are talking about a revenue loss forcing them to sell their family farm Over the past 51⁄2 years, the current on an annual basis that exceeds the en- administration has radically altered or business in order to pay the tax. tire amount of money we commit to el- our Nation’s economic and social well- This just is not true. It is a scare tactic ementary and secondary education. being, in my view. Median incomes used by those who will benefit from re- Think of that. The entire amount of have stagnated, poverty rates have peal to create support for their cause. money in the Federal budget toward el- risen, and more and more people are In reality, when the New York Times ementary and secondary education living without health insurance. Our asked the American Farm Bureau Fed- would be lost as a result of the com- troops have struggled with inadequate eration for real-life examples of a fam- plete and total repeal, rather than a body armor and other necessities of ily farmer forced to sell by the estate modest, intelligent, thoughtful, ration- battle. Farmers, workers, and small tax, not a single example could be al reform of this estate tax. We should business owners are contending with found. Not a single one. not bankrupt our Nation’s future for a rising interest rates, higher energy and Contrary to the misinformation that measure that would deliver no benefit health care costs, and growing global to anyone outside a few extremely has been spread, no one but the very competition. While these problems largest estates would ever pay this tax wealthy estates. have grown, the administration has se- I might point out that some of the on inherited wealth. This year, an indi- verely reduced our Nation’s ability to vidual can pass on as much as $2 mil- most wealthy Americans, people who meet them by driving our Federal lion and a couple can pass on as much would benefit the most from this total budget from surplus into deep deficit. repeal, have been the loudest, clearest Since the current President took of- as $4 million to their heirs, completely voices urging us not to do so. We ought fice, the Federal budget has declined free of any taxation whatsoever. With to take note that the Gates family, from a surplus of $128 billion to a def- these exemptions, 99.5 percent of all people like Warren Buffett, people like icit of more than $300 billion. The na- the estates in the United States would John Kluge, people who have made tional debt has risen to $8.4 trillion. In owe no tax at all. Those that will owe, great fortunes in this country and just 5 and a half years, the administra- only owe on the value of their estate made those great fortunes in their own tion has added more debt from foreign that exceeds the $2 or $4 million that I time, through creative work, not inher- creditors than every other President in just mentioned. With the exemption ited wealth, are urging us, despite the the history of the United States com- levels scheduled to rise in 2009 to $3.5 fact that they would benefit to the bined—in the last 5 years. million for individuals and $7 million tune of billions of dollars with a total Repealing the estate tax would make for couples, the percentage who will repeal—listen to the Warren Buffetts, these problems far worse, not better, owe a single cent in estate tax falls to the Bill Gateses, the John Kluges, and further hurt America’s ability to a mere 0.3 percent of the population when they tell you this would be an un- address our most pressing issues. that would pay any estate tax at all.

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.095 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5584 CONGRESSIONAL RECORD — SENATE June 7, 2006 So 99.7 percent of the American popu- century that they would take such a DURBIN to form the Senate Hunger lation would have no obligation what- significant step as to deprive this Na- Caucus. At that time, we pledged to soever. Yet we are about to enact legis- tion of the ability to have the revenue raise awareness about the hunger expe- lation here that would repeal this alto- we need in order to meet our obliga- rienced by millions of Americans, a gether. tions? majority of which are children and el- I do not understand that at all. How When the vote on cloture on this derly, and to forge a bipartisan effort do you explain to people today that matter occurs, I urge Members to vote to end hunger in our Nation. your child or your spouse serving in no. I am proud that we are working with Iraq or Afghanistan? We are being told There is a way to do this, and I think local, State, and national antihunger we don’t have enough money for body many of us are willing to support re- organizations to raise awareness about armor or to up-armor the vehicles they sponsible reform in the estate tax area. hunger, to build partnership, and de- drive, or that homeland security has to But the notion of total repeal, I think, velop solutions to end hunger. be cut because we don’t have the reve- is highly irresponsible. An example of a bipartisan initiative nues to support it. Yet we turn around I urge my colleagues to join in the to end hunger is the Hunger Free Com- and do something like this? Where is condemnation of that suggestion. munities Act which I introduced along the logic in this? Under these rules, the I yield the floor. with Senators DURBIN, SMITH, and number of Americans affected by the The PRESIDING OFFICER. The Sen- LUGAR. This bill calls for a renewed na- estate tax has declined dramatically ator from Arkansas is recognized. tional commitment to ending hunger already under current law, from 50,000 NATIONAL HUNGER AWARENESS DAY in the United States by 2015. Yet we people in 2000 to only 13,000 today, and Mrs. LINCOLN. Mr. President, I want find it hard to find 5 minutes to focus by 2009 the number will fall to 7,000. to take this opportunity to spend a few our attention on such an incredible Out of a nation of 300 million people, moments to talk about the 36 million issue. 7,000 people in our 50 States would not Americans, including 13 million chil- It reaffirms congressional commit- be obligated to pay any estate tax at dren, who live on the verge of hunger. ment to protecting the funding and in- all. I want to divert our conversation a tegrity of Federal food and nutrition Seven-thousand out of three hundred little bit. I have actually waited quite programs, and creates a national grant million, yet we lose $1 trillion in rev- some time to be able to speak about it. program to support community-based enue. I started yesterday trying to get just a antihunger efforts in fighting the dis- Again, where is the logic or common few minutes on the floor to bring about ease on the battlefield, right there at sense in a proposal like that given the an awareness because today is National the line of attack in our communities. damage it would do? Hunger Awareness Day. I am also proud to be a cosponsor of As I said, my State of Connecticut I often think about the children and the FEED Act, the bill that would ranks consistently year after year at the working American families who award grants to organizations that ef- or near the top of the Nation in per struggle to make ends meet. But I fectively combat hunger while creating capita income and other such meas- focus my thoughts and prayers on them opportunity by combining ‘‘food res- ures. In my State and across America, today because today is National Hun- cue’’ programs with job training—not people of all incomes have worked ger Awareness Day, 1 day out of our just feeding a fish but teaching a man hard, obviously, to get where they are. year. I started yesterday trying to grab or a woman how to fish so that they do I don’t like class warfare. I don’t like 5 minutes where we could bring our at- not just eat for a day, that they feed drawing those distinctions. Many of tention to something so incredibly im- themselves for a lifetime. these people I mentioned, pay taxes portant and something so easy to fix. Close to one-third of the food in this and have worked hard, and I respect There is a time when Americans are country that is processed and prepared that. called to remember the hungry chil- goes to waste—one-third, whether it is I urge my colleagues to listen to dren and adults living across our great in places such as Washington where some of the men and women who have Nation. Most importantly, it is a day there are multiple receptions going on accumulated the greatest wealth as a when we are called to put our words at one time, banquets and other events result of their ingenuity and hard into actions and to help end hunger in that happen across the country. One- work. What are they saying about this our communities and across America. third of that food goes to waste. in terms of the benefit to the country I guess the realization that I have This bill would help organizations and the cost it would have? come to in these last 24 hours is, I have safely recover unserved or unused food In my State, I probably have a great- searched just to capture 5 minutes on while providing culinary skills training er percentage of constituents than al- the floor of the Senate. I suppose I to unemployed individuals. Two birds most any other State in the country could have submitted my comments for with one stone—using something that who would benefit if there is a total re- the RECORD. And maybe I am foolish to otherwise would be thrown away. How peal. I stand here today, telling you think by coming to the floor I could simple that seems and yet how hard it that an overwhelming majority of the spark just a little bit of interest in my is to bring it forward into the light of very people who would benefit from colleagues or others across this Nation day and talk about making that effort this, think it goes too far; that we are to think about an issue that affects all a reality. going too far with this proposal. of us—an issue where our fellow man is I urge my colleagues to support these I urge my colleagues to join those hungry, or another mother has a child worthy and commonsense pieces of leg- who have urged us to be more modest, out there that is suffering from hunger, islation. to have a more commonsense approach that we can’t stop for just a moment If it is so hard to find 5 minutes just than repeal or near-repeal. Again, it and realize that hunger is a disease to talk about it, I wonder how long it would be a major failure to lose the that has a cure. It has a cure—a cure is going to take us to pass these com- revenue equal to that which we spend that we can provide, a cure that we all monsense pieces of legislation. on all of the education for elementary know about. And, if we took the time Some people may ask: What can I do and secondary school students, all of to think about it, to address it, we to help end hunger in America? the spending on homeland security, to could actually cure this disease. I want to talk about some of the once again drive us further and further It is hard to find 5 minutes, it is hard ways Americans can help join the hun- into debt. I think it is a great tragedy to come down here and really make the ger relief effort. Acting on this call to to be passing that on to the coming difference that we want to make, but I feed the hungry is important, and I generations, to say we want to give a believe this day and this issue are far urge all Americans who are able to tax break only to the top five-tenths of too important to miss again the oppor- take part in ending this disease. 1 percent, or three-tenths of 1 percent tunity to talk about 36 million Ameri- One critical component of this effort of the population. That is an indict- cans living in food insecurity. is the willingness of Congress and the ment that future generations will look Two years ago today, I joined with American people to support the Fed- back on and ask: What were they my friends and colleagues, Senator eral food and nutrition programs. thinking at the beginning of the 21st SMITH, Senator DOLE, and Senator These programs provide an essential

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.096 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5585 safety net to working Americans, pre- Organizations such as the Arkansas nating hunger in our great Nation. Our venting the most vulnerable among us Hunger Coalition operate on limited corporations and small businesses gen- from suffering and even dying from budgets. Yet they are a vital source of erate most of our Nation’s health and malnutrition. Our continued invest- information for food pantries, soup have throughout history supported ment in these programs is vital to the kitchens, and shelters that together many of our greatest endeavors. Many health of this Nation. work to share the importance of food corporations and businesses already Why does it come to mind right now? security to the people of our home contribute to efforts to eliminate hun- Think about all of those children State of Arkansas. ger. I hope others will begin to partici- across this great country who have re- I urge Americans to contact their pate as opportunities to do so present ceived the nutrition they need in congressional representatives to voice themselves in the future. school during the school year as school their support for these nutritional pro- A couple of great examples of how lets out for the summer. Where will grams. This critical issue of ending business and nonprofits can partner to they go for that nutritious breakfast? hunger, the unbelievable number of feed hungry people occurred these past Where will they go for that lunch that hungry Americans is something that few months. Together with America’s they need to sustain them because we have to bring greater awareness to Second Harvest, Tyson Food, in my there is no dinner waiting at home? not just today but every day. home State of Arkansas, donated 6 mil- These are critical and important pro- I urge my colleagues to protect them lion pounds of protein—one of the more grams. Without spending the time and from cuts and structural changes that difficult elements of nutrition to get the effort to not only make them a re- will undermine their ability to serve into food banks is protein—6 million ality but properly fund them in a way our Nation’s most vulnerable citizens. pounds of protein from one corporate where they can actually meet the In addition to the Federal food pro- citizen. Wal-Mart raised $10 million to needs of the children across this coun- grams, eliminating hunger in America support food banks all across this try will take our attention. requires the help of community organi- country. I am so grateful to these com- The most significant of these pro- zations. Government programs provide panies and to nonprofit organizations grams is the Food Stamp Program. It a basis for support, but they cannot do for their leadership in this effort to provides nutritious food to over 23 mil- the work alone. Community and faith- feed those who have limited access to lion Americans a year. More Americans based organizations are essential to lo- food and nutrition. find themselves in need of this program cating and rooting out hunger wher- I have also seen some of the impor- every single year. As their wages are ever it persists. tant work being done by organizations stagnant, as they have less and less op- We rely on the work of local food in the local Washington, DC, area. We portunity to climb a ladder of oppor- banks and food pantries, soup kitchens, see it all around us. All we have to do tunity because they may not be getting and community action centers across is open our eyes and make sure we are the education they need, they are find- America to go where government can- aware. The Arlington Food Assistance ing more and more dependency on pro- not. The reason I have stayed so per- Center works to provide food to those grams like this to be able to feed their sistent in coming to the floor of this in need in the Arlington, VA, area. I families. Senate to talk about this issue on a have supported some of their efforts I understand our current budget con- day that we have designated for aware- through the local school drive. Not straints. I know we all do. Yet I didn’t ness is because I tried so desperately to only is it important in terms of pro- create this mess. The spending that has put myself in the shoes of other moth- viding the needs of food assistance been freewheeling in this Congress over ers who are not perhaps as lucky as I through the Arlington food bank sys- the last several years has been unbe- am. When a child looks into your eyes tem and the assistance center, but lievable. Yet as my colleagues men- and says: Mommy, I am hungry, they think what it does for our children. It tioned, we failed to adequately support have no response, whereas I do. gives them a learning experience of and fund issues such as our veterans’ This is a critical issue for us as a na- how they, too, can give back not just benefits; issues like educating our chil- tion. It shows where the fabric of our to their community or their school but dren and providing them with the community and our country lies. It to their fellow man, someone des- skills they need to be competitive. shows where our priorities are, and it perately in need of a nutritious meal, a I come here to talk about the main shows who we are as Americans and family who needs a nutritious break- sustenance of life. I understand these what values we truly grasp for our fel- fast. budget constraints, but I believe as one low man. Think of what it teaches our chil- man to another, as one woman to an- Recently, I have been so proud as my dren. Despite the fact that Arlington other, one human being to another, twin boys have gotten invitations to County is one of the wealthiest areas food, simple nutrition, is something we birthday parties. There is a note at the in the country, plenty of local resi- cannot turn a blind eye to. Even in bottom of the invitation. It says: dents do not have enough to eat. The these tight fiscal times, I believe that Please don’t bring a gift, but in lieu of Arlington Food Assistance Center we have to maintain our commitment a gift would you please give to a wor- seeks to remedy the problem by dis- to feed the hungry among us. We must thy organization, our local food bank tributing bread and vegetables, meat, first protect programs such as the Food or shelter. milk, eggs, and other food items. Our Stamp Program, the National School My children with their birthday com- church group routinely goes for a Breakfast and School Lunch Program, ing up soon said: Mom, we don’t need ‘‘gleaning’’ program where local farm- the Summer Feeding Program, the those gifts again this year. Let’s add ers allow us to get into the fields and WIC, and the Children and Adult Care something for those people who need it collect part of their crops that have Food Program. These are all critical the most. Let’s make sure that we have been left in order to provide fresh programs that keep Americans who are fun at our party but that we don’t take fruits and vegetables in our area food on the verge of hunger and destitution the gift that we don’t need and instead banks. from finding themselves there perma- ask our friend to help us in feeding the Lastly, this effort needs the commit- nently. hungry and sheltering the homeless. ment of individual Americans. Our Another important tool for local or- I will try, and I know my colleagues greatest national strength is the power ganizations is the Community Food will, too, to work as hard as we can to that comes from individual initiative and Nutrition Program, and with sup- provide the resources these community and the collective will of the American port from this program, the Arkansas organizations need to continue with people. I believe we are called by a Hunger Coalition has sponsored a Web the difficult but necessary work they higher power to care for our fellow man site, a quarterly newsletter, an annual perform, to encourage our neighbors, and our fellow women. conference, a mini grant program, our children, our schools, and others to As a person of faith, I feel I am called along with many civic, school, and be as actively involved as they possibly to serve the poor and the hungry. I community presentations on hunger can. know many of my colleagues agree. If which raise public awareness and pro- Private corporations and small busi- we believe in this call, we must live it mote innovative solutions. nesses also have a role to play in elimi- every day in our schools and in our

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.098 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5586 CONGRESSIONAL RECORD — SENATE June 7, 2006 homes, in our workplaces and our I found that this last week when I next to a slice of pizza is not exactly places of worship, in our volunteering was up in Chicago at the Native Amer- my idea of fighting obesity, encour- and in our prayer. This personal re- ican Center on the North Side where a aging nutrition, and feeding kids the sponsibility is a great one, but it holds lot of American Indian families rely on right things. tremendous power. As we have seen their pantry. I said hello to the ladies We need to have good nutrition pro- throughout American history, when in- who were running it. They said, sadly: grams. We need to work overtime to dividuals in this Nation bind together Senator, business is just too darn good make sure the food given to these kids to serve a common cause, they can here. There are a lot of people coming does make a difference. At the achieve the greatest of accomplish- in from all around the city of Chicago. Nettlehorst School on Broadway Ave- ments. By sharing the many blessings I find it in my hometown, Spring- nue in Chicago, which I visited a few and resources our great Nation pro- field, IL, at St. John’s bread line, weeks ago, we opened a salad bar for vides, I am confident we can alleviate which has been there for years. I have the kids for school lunch. Guess what. hunger, a disease that we know there is been over there serving food once in a They were all crowded around, filling a cure for, both at home and abroad. while. So many people rely on them. up their salad trays. They will eat good I ask all of my colleagues to take a In Chicago, only 9 percent of the half- food if you present it in the right way. moment to honor on this day of aware- million people who seek services from We need good nutrition programs with ness the very brave men and women the Chicago Food Depository are home- good food to make sure our kids grow and children who live in food insecu- less. The rest have a home to go to but the right way. rity and whom we have an opportunity nothing in the refrigerator and nothing Hunger drains the strength of the to serve. in the cupboard. These people cannot people who, for a variety of reasons, Mr. DURBIN. Will the Senator from afford the food they need. are unable to provide enough food, or Arkansas yield for a question? Think of that: 37 million people in the right kinds of food, for themselves Mrs. LINCOLN. Absolutely, I yield to America, this great and prosperous or their family. A few blocks away, my good friend from Illinois who has country, living in poverty; many low- near a school over on Pennsylvania Av- done so much on the issue of hunger. income families supported by jobs that enue, in Southeast Washington, DC, Mr. DURBIN. Let me say at the out- do not pay a livable wage in a country get there early enough in the morning, set it is my great honor to cochair with where this Congress will not enact a around 8 o’clock, stand by the drug- the Senator from Arkansas this effort law to raise that minimum wage. It store and watch these kids file in to relative to hunger, hunger awareness. could be that paying for health care buy bags of potato chips and pop or It has brought us together in terms of has caused many of these families to be soft drinks to eat as breakfast on the offering resolutions, in terms of offer- unable to afford food. way to school. Too many of these chil- ing legislation, filling grocery bags. We America’s Second Harvest released a dren rely on that for their only nutri- have done a lot of things together in national hunger study showing that in tion. I wish their parents could do bet- this effort. I am fortunate to work with Senator Chicago 41 percent of households ne- ter or do more. I wonder, sometimes, if glected their food budget to cover util- LINCOLN. She comes to this issue driven they are able to. I don’t know if they by her faith and her family. They are ity costs. You can understand that in are. But what those kids are buying linked together in her speech today the cold winter in Chicago. Last year, costs them money. Maybe those par- and in her life. There is hardly a deci- natural gas bills went up 20 percent. ents could have done a better job. sion she makes—I know from having We were lucky. It could have been Maybe the school could do a better job. worked with her for so many years— worse. And many of these families had As a Nation, we all need to do a better that is not driven by her understanding to decide: Pay the utility bill, risk a job. of the impact of life on her family and cutoff or buy some food? It may be a In a land of abundance, the kind of what it means to so many other fami- combination of factors, but the food sacrifice that many families have to lies. budget is often the first thing they cut. make to feed their family members is As we have met in a variety of Today, June 7, is National Hunger deplorable and unnecessary. We should places, filling boxes and bags with gro- Awareness Day. Senator LINCOLN and I end hunger in the United States. Work- ceries, we both had cause to reflect on have come to the Senate encouraging ing together, we can. what leads to hunger in a prosperous our colleagues and all those following I salute my colleague from the State Nation. How does a country so rich as this debate to celebrate and commend of Arkansas. The hour is late, and she America end up with hungry people? the heroic efforts of so many emer- has a couple of kids at home waiting How can this be? Yet we know, as she gency food banks, soup kitchens, for her to get home, maybe to fix din- knows, it turns out to be a lot of people school meal programs, community pan- ner. But whatever the reason, she took are working hard to avoid hunger. It tries, and so many others that make a the time to come to the Senate tonight can be a mother with a low-wage, min- difference in fighting hunger. to remind all of us of our civic respon- imum wage job, a mother who has been I don’t know if Senator LINCOLN’s sibility, our social responsibility and stuck in a minimum wage that this hometown is the same as mine, but our moral responsibility to view hun- Congress has refused to increase for 9 there is a day each year when the let- ger as a challenge that we can face and straight years. Think about that: $5.15 ter carriers all pick up food. You put conquer. an hour for 9 years. This poor mother, out the bags of food for them. They I see the Senator from Alabama is trying to keep her family together, put pick them up. God bless the letter car- probably here to speak. I have another her kids in a babysitter’s hands or riers; they collect that food, give it to statement to make, but I will defer to daycare, and then put food on the table the pantries to give to hungry people. him since he has been waiting. Then finds that many times one job, some- Here are men and women who probably when he is finished, I will ask to speak times two jobs are not enough, and she are footsore from all the miles they again. ends up at that food pantry. have to walk, and they walk an extra The PRESIDING OFFICER (Mr. We expect the poorest of the poor to mile for the hungry of America. My hat DEMINT.) The Senator from Alabama. come in there and many times find the is off to them. DEATH TAX working poor. That is the face of hun- Federal nutrition programs are criti- Mr. SESSIONS. Mr. President, with ger found with many of our senior citi- cally important and they are not regard to the death tax, I will be offer- zens. I cannot imagine these poor peo- reaching enough people. Many parents ing some remarks later in the process ple, many of them alone in life, strug- still skip meals so their kids can eat. that deal with the estimated cost of gling with medical bills and fixed in- Many kids do not have the balanced the elimination of this tax which does comes, never knowing where they are meals they deserve. not account for the lack of stepped-up going to turn for a helping hand, who Let me add, too, I am sure the Sen- basis that will not occur if the death stumble into a food pantry where they ator, as a mother of twins, will appre- tax is eliminated and other factors can find a loving face, a warm embrace ciate this. When I go to school lunch that demonstrate that the allegations and a bag full of groceries to keep them programs, sometimes it is depressing. being made about large losses of rev- going. Giving kids a helping of tater tots, enue are not true. That is an important

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.099 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5587 factor in the debate. I will not go over I am pleased the Department of Jus- United States. You are not allowed to that tonight. tice has given this letter to us. It rep- vote in it unless you belong a certain I take this moment on another sub- resents an opinion of the agency of race. ject to read to the Senate a letter we Government charged with justice. The It is a bad idea of great significance. received, received by Senator FRIST, Department of Justice is well aware of We should not go down that road. I the majority leader, today, from the equal protection requirements. They hope the Senate will not. administration, William Moschella, are well aware of voting rights and the I suggest the absence of a quorum. U.S. Department of Justice. He deals 15th amendment. They are well aware The PRESIDING OFFICER. The with the Native Hawaiian bill. of all of the issues involving tribal clerk will call the roll. I said earlier today, the Native Ha- questions. They have to deal with that The assistant legislative clerk pro- waiian legislation is exceedingly im- on a regular basis. They understand ceeded to call the roll. portant. It has to do with whether this this. This is part of what they do. The Mr. DURBIN. Mr. President, I ask great republic is going to allow itself, import of this letter is to say that the unanimous consent that the order for through the vote of its own legislature, Native Hawaiians do not comply with the quorum call be rescinded. to create within its own boundaries a tribal requirements. Indeed, a lawyer The PRESIDING OFFICER. Without sovereign entity, a sovereign Nation, for the State of Hawaii has admitted as objection, it is so ordered. that, according to those who support much in previous filings with the Su- CHICAGO SCHOOLS it, even on the Web site of the State of preme Court. It is not a tribal situa- Mr. President, in 1932, America had Hawaii, indicates that it could result tion. It is a unique situation. suffered through three grinding years in an independent nation being created. We are going to create under the bill, of the Great Depression. Millions of So any principled approach—and the if the bill were to become law—hope- Americans were out of work and out of Senate, of all bodies in the Govern- fully, it will not, but I am troubled by hope. Many people feared that cap- ment, ought to be principled; we should the prospect of maybe even proceeding italism, as we knew it, and democracy think about the long-term—to dealing to this bill tomorrow. It is almost had failed. Campaigning for President with this issue should convince us in breathtaking to me that that would that year, Franklin Delano Roosevelt the most stark way that this is not a occur. But what we will see as we go promised the American people bold, path down which we should travel. This forward is that we are talking about persistent experimentation to alleviate is not a way this Nation should go. creating an entity, a sovereign entity the crisis facing this Nation. We should say no now and no to any which will be controlled by individuals He said: It is commonsense to take a other attempt to divide, balkanize or who are given a right to vote. And method and try it. If it fails, admit it disrupt the unity of our Nation. We had their right to vote in this entity will be frankly and try another. But above all, a Civil War over that. The Presiding entirely contingent upon their race. try something. Officer is from South Carolina. I am Indian tribes were different. Indian I have just finished a book by Jona- from Alabama. That issue was settled tribes were entities with long-estab- than Alter of Newsweek about the first in the 1860s. We don’t need to go back lished governing councils. They are na- 100 days of Franklin Roosevelt’s Presi- to it. tive groups that have had centuries of dency. If there is one thing that really It is important that we read the lan- cohesion. Many of them entered into was the hallmark of that Presidency, it guage of the Department of Justice and treaties with the United States and was Franklin Roosevelt’s boldness, his how they deal with it. It is very similar they were given certain rights and willingness to try new ideas. He just to strong language from the U.S. Civil privileges. But Hawaii came into the wasn’t going to give up on America. He Rights Commission that also voted to Union; 94 percent voted to come into believed that there was no crisis, no oppose this legislation. the Union. They bragged and were challenge we face that could not be The letter is to Majority Leader Bill quite proud of their melting pot rep- overcome. Frist: utation. They never suggested that For the last 5 years, the Chicago pub- DEAR MR. LEADER: The Administration they would later want to come back lic schools have been led by a team of strongly opposes passage of S. 147. As noted and have this sovereign entity be cre- visionary leaders who also believe in recently by the U.S. Civil Rights Commis- ated. The reason it is fundamentally bold, persistent experimentation. sion, this bill risks ‘‘further subdivid[ing] unfair is that there was a queen in Ha- Through their hard work and willing- the American people into discrete subgroups waii in the 1880s, but she did not pre- ness to try to find new solutions, Chi- accorded varying degrees of privilege.’’ As cago Public School Board President the President has said, ‘‘we must honor the side over a tribe. She didn’t preside great American tradition of the melting pot, over a racial group. She presided over Michael Scott and Chicago public which has made us one nation out of many the people in her territory of all races schools CEO Arne Duncan have helped peoples.’’ This bill would reverse that great and entities. There were Asians, Irish, transform Chicago’s school system into American tradition and divide people by Filipinos, Chinese, and others that a national model for public school re- their race. Closely related to that policy con- were there. They would not get to vote form. cern, this bill raises the serious threshold in this race-based government, even if This past weekend, Michael Scott, constitutional issues that arise anytime leg- they were there at the time she was my friend, announced that he will be islation seeks to separate American citizens leaving his position as president of the into race-related classifications rather than queen. And she never pretended that ‘‘according to [their] own merit[s] and essen- she was presiding only over Native Ha- Chicago public school board this sum- tial qualities.’’ Indeed, in the particular con- waiians. Of course, I don’t know how mer. Earlier today I met with him and text of native Hawaiians, the Supreme Court you could say a third-generation Irish Arne Duncan in my office in the Cap- and lower Federal courts have invalidated or Chinese American or Japanese itol. I have every confidence that Chi- state legislation containing similar race- American who was in Hawaii, they are cago public schools will remain a na- based qualifications for participation in gov- not a Native Hawaiian anyway, but tional model for improvement under ernment entities and programs. the leadership of Arne Duncan and While this legislation seeks to address this that is the way they are defining this. issue by affording federal tribal recognition There is only that certain racial group. whoever the next school board presi- to native Hawaiians, the Supreme Court has So these would not be able to partici- dent may be. I look forward to updat- noted that whether native Hawaiians are eli- pate, even though they were ing the Senate in the future about Chi- gible for tribal status is a ‘‘matter of dis- multigenerational residents of Hawaii cago’s continued progress and our de- pute’’ and ‘‘of considerable moment and dif- at the time they became a State, at the termination to truly leave no child be- ficulty.’’ Given the substantial historical, time the queen’s government was hind. structural and cultural differences between ended. Some may not remember, but former native Hawaiians as a group and recognized It is not the right thing to do. It Secretary of Education William Ben- federal Indian tribes, tribal recognition is in- would create a precedent of far-reach- nett went to Chicago and pronounced appropriate for native Hawaiians and would still raise difficult constitutional issues. ing implications and would jeopardize that school district as the worst in Sincerely, the unity and cohesion of our Govern- America. That may have been an exag- WILLIAM E. MOSCHELLA, ment and would, for the first time, cre- geration at the time, but not by much. Assistant Attorney General. ate a sovereign entity within the Some would have given up at that

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.100 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5588 CONGRESSIONAL RECORD — SENATE June 7, 2006 point, and many cities have. But not Arne Duncan, Chicago has pushed to fender newspaper on April 28, 2003, the city of Chicago. They made a con- replace approximately 207 underper- about a third of the way through Mi- scious decision to change that school forming schools with 100 new innova- chael Scott’s tenure. The editorial was system. tive schools, including charter and entitled ‘‘Successful students will be Mayor Daley, Paul Valles, Arne Dun- small schools. Scott’s, Duncan’s Monument.’’ can, Michael Scott, and Gary Chico, Michael Scott is a product of the Chi- Michael Scott and Arne Duncan are monu- these were all names of leaders who cago public school system himself. Mi- ment makers. Not in the usual sense—the stepped up, with many professionals chael brought an unusually broad one that explains the ancient pleasure taken giving them support, and accepted the range of experience to his job as one of by politicians who create structures com- challenge to turn that school district the leaders of that system. His resume memorating something that’s a recreation of their self image. around. includes work in community advocacy, Nor in the sense that Mesopotamia’s Nebu- Let me speak about Michael Scott in corporate management, urban develop- chadnezzar built Babylon’s Hanging Gardens particular. His service has meant so ment, and local government adminis- in the sixth century B.C., one of the seven much to the Chicago public schools, to tration. He built new partnerships with wonders of the world. Nor in the sense that the city of Chicago, and I believe, with all of those worlds to help improve Chi- his successor Saddam Hussein erected bronze his example, to the Nation. Michael cago’s public schools. statues of himself, monuments that came Scott grew up on the west side of Chi- In 2003, the Chicago public school tumbling down recently with a noticeably historic thump. cago, the Lawndale neighborhood. He system established the privately fund- Scott, President of the Chicago Board of didn’t train himself to be an educator. ed Chicago board of education textbook Education, and his chief executive, Arne He went to Fordham University in New scholarship program. The program Duncan, are building neither stone nor York where he earned a degree in awards a $1,000 scholarship to one grad- bronze images. urban planning. He moved back to the uating student from each of the city’s The two educators are building a human west side after his college years. 85 public high schools. The scholarships monument that will rise and flourish in the term of educated, productive graduates of He started in Chicago politics as a are funded by private business, many of Chicago’s public schools. . . . Future stu- housing activist in the same Lawndale which donated money on the spot when dents will thrive in each newly renovated neighborhood where he was born and they heard Michael Scott make his ap- school. . . . That will be Scott’s and Dun- raised. In the tumultuous time he peal to fund this program. can’s monument. lived, Michael Scott stood out as a con- Also under Michael Scott’s leader- As Michael Scott’s tenure closes at sensus builder. Eventually he served ship, Chicago public schools estab- the Chicago public school system, I under three different Chicago mayors: lished a new office of business diversity want to acknowledge the fine contribu- Jane Byrne, Harold Washington, and to help Chicago’s minority and women- tion he made with his public service, Richard Daley. Five years ago tomor- owned businesses navigate the system’s both in the park district and the Chi- row, Mayor Daley tapped Michael complex bidding process and ensure cago public schools. He is such a tal- Scott as the first member of a new that they can compete fairly for con- ented man that he has brought his tal- team charged with the daunting mis- tracts. ent and given his time to help others sion of keeping Chicago public schools While student scores have gone up, time and time again. That is the true a national model for reform. spending in some areas has gone down, definition of public service. At the time he was a successful busi- thanks to the improved fiscal manage- I wish Michael the very best in his nessman and executive of AT&T. When ment in the public schools. One exam- next endeavor. I am sure it will include Michael Scott’s appointment was an- ple: By restructuring the transpor- not only the private sector, but also a nounced, he said: This is not about me; tation system, Chicago public schools public commitment because he is a per- it’s about the children. saved $14 million—$14 million more son who believes that is part of our For the past 5 years, Michael Scott that can be spent to teach the kids. civic responsibility. I thank him for all has kept his word. Listen to these sta- Under Michael Scott’s leadership, the of his leadership in the Chicago public tistics, if you want to understand how bond rating for the Chicago public school system, and I wish him and his far the Chicago public schools have ad- schools was upgraded from A to A-plus, family the very best in the years to vanced due to the hard work of the peo- which will produce even more savings come. ple I mentioned earlier and Michael for taxpayers and more funds for the ESTATE TAX Scott. kids. Someone once said that the real Mr. President, at this moment in his- In 1992, nearly half of Chicago’s ele- test of faith in the future is to plant a tory, we are considering the estate tax. mentary schoolchildren tested in the tree. Before signing on as school board It is one of the many taxes that Ameri- lowest 20 percent in reading and math president, Michael Scott served as cans face. Some have characterized it, compared to other students across president of the Chicago Park District. with a very effective public relations America. Now fast forward 12 years to In that job, he saw that plenty of trees campaign, as the ‘‘death tax.’’ They 2004. Less than 25 percent of Chicago’s were planted. He strengthened the park have been so good at describing it as a students tested in the bottom 20 per- district’s finances, which is widely ac- death tax as to convince many people cent and student performance has im- credited with making neighborhood across America that when you die, you proved since 2004. That is real progress, parks one of the best features of one of pay a tax to your Federal Government. real progress against great challenges. the best cities in America. And unless you have been through a Michael Scott believes that parents are As board president of Chicago public death in the family that you followed the children’s first and best teachers, schools, Michael Scott helped plant closely, you might be misled into be- and he has worked hard to make par- something even more important to our lieving that. ents active partners in the education of future than trees. He helped plant the In fact, the public relations campaign their children. seeds of knowledge in the minds of tens has been so good in characterizing the An annual 2-day conference that he of thousands of young people. Together Federal estate tax as a death tax that personally founded, entitled ‘‘The with Chicago students, parents, edu- I had an experience a couple years ago Power of Parents Conference,’’ has cators, and business and community that I shared with my colleagues in the been attended by more than 4,000 Chi- and political leaders, he has produced a Senate. I drove out to Chicago O’Hare cago parents since 2002. The belief that model for public school improvement to take a flight to Washington. I every child in every neighborhood has from which all of America can learn. stopped at the sidewalk there, United the right to attend a good public While Chicago public schools will Airlines, and handed over a bag to be school, along with a commitment to miss his leadership, they and the chil- checked in. The person checking my bold persistent experimentation, are dren who depend on him will continue bag took a look at me and looked at the foundation of Mayor Daley’s Ren- to benefit for years from Michael the bag and said, ‘‘Senator, please, if aissance 2010 School Improvement Scott’s outstanding public service you don’t do anything else, get rid of Plan. these past 5 years. the death tax.’’ I didn’t have the heart Under that plan and with the leader- In closing, I will quote from an edi- to tell that baggage handler that un- ship of Mayor Daley, Michael Scott and torial that appeared in the Chicago De- less he won the Powerball or the Mega-

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.102 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5589 million lottery soon, he would not have enough left over to give them full col- ate knew that for political reasons to worry about it because, you see, the lege scholarships or give every family they had to appeal to those folks who so-called death tax is an estate tax in America a $500 tax cut or eliminate believe this is a critically important that is paid by 2 or 3 out of every 1,000 75 percent of the shortfall in Social Se- issue. They want to fire them up for people who die in America each year. curity, thus buying years of longevity the next election. Even though the That is .2 or .3 percent of the people and stability for Social Security, or American people, when asked, said that who die in America pay the tax. It is a provide clean food and water to the 800 this so-called gay marriage amendment very narrowly gauged and narrowly di- million people on Earth who lack it or ranked 33rd on their list of priorities, rected tax to the wealthiest people in pay for the war in Iraq for the next 10 they had to move it forward. America. years. Now comes another plank in their If you listen to the argument by the It is not an insignificant amount of platform for the November election, Republicans on the floor of the Senate, money that we are talking about here. the estate tax. The wealthiest people in you think that this is an onerous, un- The elimination of the estate tax America are pushing hard for this es- fair tax, borne by some of the most de- would take from the Federal Treasury tate tax. This morning, the Wall Street serving, hard-working, common people funds which could have been used for Journal printed an article that said in this country, who struggle day to tax relief for working families. Instead, that 18 families—listen closely—18 day to get by, and then find after they this Republican proposal is to give a families in the United States of Amer- have passed away that the greedy tax cut to the wealthiest people in ica have spent $200 million lobbying to hands of Government reach into their America. pass this change in the estate tax—18 estate and yanks thousands of dollars How many people pay this estate families. out of it. That is not even close to re- tax? This pie chart tells it all. In 2009, Ask yourself why. Why would they ality. So we are actually going to de- only .2 percent of estates in America spend $200 million? Because they will bate on the floor of the Senate the no- will be subject to the tax. Two or, at earn a lot more if this estate tax is re- tion that we need to, if not repeal, vir- most, 3 out of every 1,000 people who pealed. But the cost of the estate tax is tually repeal the estate tax in Amer- die will pay any estate tax whatsoever. dramatic in terms of America’s debts. ica. And now the Republican leadership has If we repeal the estate tax, we will It is interesting to note that this es- decided these people need a break. have $776 billion as the cost of the estate tax is one that affects very few. It Senator LAUTENBERG of New Jersey tate tax repeal in the first 10-year pe- is also interesting to note the context decided to find out how repealing the riod fully in effect from 2012 to 2021. of this debate. This was supposed to estate tax would affect three people. The cost of the estate tax repeal ex- come up about 9 months ago. We were The first one was the Vice President. plodes under the proposal that is before supposed to repeal the estate tax on Under this proposed estate tax cut us, meaning, of course, this red ink is the wealthiest people in America, but from the Republican side, it means more debt for America. then God intervened. Hurricane more than $12 million in Federal tax li- Already we are facing a dramatically Katrina struck the Gulf coast. For 24 ability will be eliminated for the Vice deteriorating budget picture in Amer- hours, we watched on live television as President. And then Paris Hilton, with ica. Go back to the close of the pre- our neighbors, fellow Americans, suf- her little Chihuahua there, it is $14 vious administration, which shows a fered. Some died, some drowned. Many million for her. Lee Raymond, former $128-billion surplus under President were perched on their roofs praying to CEO of Exxon, a man who was given a Clinton as he left office, and then look be rescued. Then we saw the devasta- $400 million going-away gift at his re- at the debt that has been built up tion of the flood. tirement by ExxonMobil—well, the re- under the years of the Bush adminis- The sponsors of this estate tax repeal peal of the estate tax gives Mr. Ray- tration, a debt that will explode even decided this may not be the best mo- mond another going-away gift of $164 higher with the repeal of the estate tax ment to cut taxes on the wealthiest in million in tax breaks. on the wealthiest people in America, a America. Senator CHUCK GRASSLEY of These are truly deserving people, debt which, unfortunately, we will Iowa, a man I greatly respect, said as don’t get me wrong. When I look at Ms. have to pass on to our children. follows on September 14 of last year: Hilton, who looks like a lovely young Look at the wall of debt. When Presi- It’s a little unseemly to be talking about lady, I can see how this $14 million dent Bush took office, the gross na- eliminating the estate tax at a time when could have a significant positive im- tional debt of America—this is our people are suffering. pact on her otherwise very spare and mortgage I am talking about—was $5.8 Senator GRASSLEY was right. But I Spartan lifestyle. trillion. Now, by 2006, it is up to $8.6 say to him that it is still a little un- You wonder how in good conscience trillion. How did he manage that, al- seemly to bring up this issue of elimi- we can be debating tax cuts for the most a 50-percent increase in the debt nating the estate tax on the wealthiest wealthiest people in America when of America in a matter of 5 years? And people in America when so many peo- there are so many things, so many now look where it is headed. By the ple are still suffering around this coun- compelling reasons for us to be more year 2011, because of the Bush-Cheney try. We know what is happening in New serious about in the work that we do in tax policies, this national debt will be Orleans, that devastation still has been the Senate. This effort reflects the up to $11.8 trillion—$11.8 trillion for unaddressed and people are still out of same twisted priorities that the Repub- our national mortgage. This President their homes, hospitals are unopened, lican leadership continues to bring to has virtually doubled the debt of Amer- schools are unopened, and families are the floor of the Senate. ica with his policies in a matter of 8 still separated from communities and We just have spent—wasted, I might years. How can he accomplish this? He neighborhoods that they called home. add—the better part of the week of the can do it with terrible policies, and It is still there. Senate’s time on the so-called mar- this is one of them. Senator GRASSLEY’s point is still riage protection amendment. It was President George W. Bush is the first there as well. It is unseemly for us to called for a vote after all sorts of fan- President in the history of the United be reducing the revenues of this coun- fare and announcements from the States of America to cut taxes in the try by cutting taxes on the wealthiest White House, and the final vote was 49- midst of a war—the first. Why? It de- people at a time when there is so much to-48. This proposal for a constitu- fies common sense. We have a war that need. tional amendment didn’t even win a costs us between $2 billion and $3 bil- People ask, what could we do with majority of the Senators voting; only lion a week. It is an expense for our this estate tax? If you took the reve- 49 voted for it. It certainly didn’t come Nation over and above all the other ex- nues that we will be taking out of the up with the 60 votes it needed to move penses we commonly face. Federal Treasury by this reduction in forward in debate. It wasn’t even close Every previous President, when faced the estate tax, here is what you could to the 67 votes that are needed to enact with that challenge, has called on do with those revenues: You could pro- it. Americans to sacrifice, save, and pay vide health insurance for every unin- Why did we waste our time? Because more in taxes to pay for the war, but sured child in America and have the Republican leadership in the Sen- not President Bush. The Bush-Cheney

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.103 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5590 CONGRESSIONAL RECORD — SENATE June 7, 2006 policy is, in the midst of a war with number of taxable estates has gone an opportunity people around this skyrocketing costs, cut taxes—mean- down to 13,000 and will be reduced to world people would die for. He was ing, of course, driving us deeper and 7,000. So this tax responsibility that given the opportunity to prove himself deeper into debt, pushing more of that once applied to 50,000 taxable estates and succeed, and he has done it. He was debt burden on our children. annually in the United States will be a given a chance to accumulate his This is not a tax cut which the Re- tiny fraction of that when it is over. wealth and use it wisely, and he is now publicans are proposing, it is a tax de- We also have to reflect on another re- given a chance to pay back to this ferral. They want to cut the taxes on ality as to why this issue is before us. country, which has given him such a the wealthiest estates in America and I mentioned this to my Democratic great opportunity, something for all he put a greater tax burden on our chil- colleagues, and I say this with some has benefited. And Warren Buffett con- dren and grandchildren. That is the understanding that it is an indictment siders that a pretty fair trade. I think legacy of the Bush-Cheney tax policy. on our political system, of which I am it is, too. But how does this President take a part. Why is it that we are so focused To hear the Republicans on the other care of the debt? First consider this: As on helping the wealthiest people in side of the aisle say the wealthiest peo- Senator CONRAD has brought this chart America instead of focused on helping ple in America who live the most com- to the floor before, President Bush has the hardest working, the working fami- fortable lives should be asked to not decided that the way to deal with our lies, the middle-income families? The pay taxes back to support schools, to debt is to borrow from others. Presi- explanation is sad but true. We spend a support health care, to support the de- dent Bush has more than doubled for- lot of our time as Members of the Sen- fense of our country, to say that some- eign-held debt in 5 years. It took 42 ate and House of Representatives in how they need more disposable in- Presidents, including his father, 224 the company of very wealthy people. come—$14 million for Paris Hilton, I years to build up the same level of for- We run across them in the ordinary can understand that—from the Repub- eign-held debt as President George W. course of Senate business, but there is lican point of view, that is really help- Bush has done in 5 years. For 224 years, another part of our lives as well. We ing the truly needy. But from the point we had about $1 trillion in debt held by are out raising money for political of view of most Americans, it is ridicu- foreign governments. Under President campaigns that cost millions of dol- lous that we would consider this kind George W. Bush, that figure has vir- lars. People who can afford to help us of a tax cut at a time when this coun- tually doubled in just 5 years. are often very wealthy themselves. try is facing mounting deficits, at a The obvious question is, Who are Some are very wonderful folks, very time when we are at war, at a time these mortgage holders? Which foreign generous, very helpful to each one of when we are asking so much sacrifice governments are financing America’s us. But we spend a lot of time in their from so many wonderful American debt? The top 10 foreign holders of our lifestyle seeing where they live, how families. national debt are Japan, $640 billion, they spend their time, understanding So, Mr. President, I am opposed to China—no surprise—$321 billion, United their hobbies and their lifestyles and this resolution. I hope we come to our Kingdom, oil exporters, South Korea, naturally developing a friendship and senses. I hope we understand that we Taiwan, Caribbean banking centers, empathy with the wealthiest people in were elected to this body to do more Hong Kong, Germany, Mexico, and the America. than just provide for those with great list goes on and on. Our campaign financing system It is no surprise that the same coun- lobbyists and those with big bankrolls draws us into these situations. It is un- and those who come here in the cor- tries, which are our mortgagers, which derstandable that with this empathy are holding the debt of America, are ridors of power and catch our atten- comes an understanding that some of tion. We were elected to represent the the same countries which are eating them are going to face taxes when they our lunch when it comes to sucking people who are not here—the voiceless, die for all the money and the wealth the powerless, the disenfranchised, the jobs out of the United States and push- they have accumulated. Their pleas ing imports into the United States. homeless. The people expect us to step have not fallen on deaf ears in the Sen- up on behalf of the entire American They are the same countries. That is ate. Their pleas to repeal the estate tax what we are dealing with. And the Re- family, not just those who are well off have resulted in this bill before us now. but the entire American family, and do publican recipe for this imbalance in I think it really is a testament to our best to help. this debt is to make it worse: Cut the campaign financing in America that estate tax in the midst of a war. It is instead of spending time with average I hope we defeat this effort. I hope we not only unseemly, going back to Sen- people, working people struggling to stop it in its tracks. I hope we put an ator GRASSLEY’s quote, it is unthink- get by, dealing with their issues and end to this tax policy of the Bush-Che- able that at a time when we are asking their concerns, we would instead draw ney administration which has driven for so much sacrifice from our sol- the attention of the Senate to the most America to depths of indebtedness that diers—130,000 of them today risking well-off people in this country and how one could never have imagined. I hope their lives in Iraq, another 20,000 or we can reduce their tax burden and we will put an end to this accumula- 30,000 in Afghanistan, all their families their responsibility to this Nation. tion of national debt which we are at home praying for their safe return, There are a few wealthy people who passing along to our children with the anxiety of their friends and rel- stand out in this debate. One of them is abandon. I hope we will put an end to atives as they worry over them each a gentleman by the name of Warren this foreign borrowing with which this day—at a time when so many in Amer- Buffett who is with Berkshire Hatha- administration has become so enam- ica are giving so much and sacrificing way, a company out of Omaha, NE, one ored which has made us servile to some so much, comes the Republican major- of my favorite wealthy people, the sec- of the other nations around the world ity and says: Let us give the most com- ond wealthiest person in America. He that would readily exploit our econ- fortable, the most well-off people with is the first to say our tax system in omy, our businesses, and our workers. the cushiest lives in America a tax this debate is an outrage and disgrace- If we are going to do that, we have to break—a tax break. ful. He said at a luncheon he attended make a stand—a stand for sensible tax What are we thinking? Why would we not long ago that it is true that Amer- policy, a stand for prudence, a stand be cutting taxes in the midst of a war? ica is engaged in class warfare, and as for something which was once known Why would we be heaping debt on our the second wealthiest person in Amer- as fiscal conservatism—fiscal conserv- children? Why? So that 2 or 3 people ica, his class was winning. It is pretty atism. It is a great concept. It used to out of every 1,000 who have huge es- clear he is doing pretty well. be the concept of the Republican tates worth millions of dollars can es- But Warren Buffett understands Party, but that was before they discov- cape paying their Federal taxes. It is something which many of the families ered supply-side economics and this incredible to me, but true, that when that are pushing for this estate tax re- whole concept of the Bush-Cheney tax you look at this chart, the number of peal don’t understand. He understands policy. taxable estates in the year 2000 was he is the luckiest person alive because I urge my colleagues, when this 50,000 nationwide. Under this bill, the he was born in America. He was given comes up for a vote tomorrow, to vote

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.105 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5591 against cloture, vote against this give- tion and the Senate resume legislative MORNING BUSINESS away to a handful of families that are session. Mr. SESSIONS. Mr. President, I ask already doing quite well, thank you. I further ask unanimous consent that unanimous consent that there now be a Mr. President, I yield the floor. if cloture has been invoked on the mo- period for the transaction of morning The PRESIDING OFFICER. The Sen- tion to proceed to H.R. 8, the Senate business, with Senators permitted to ator from Alabama. resume debate at this time with all speak for up to 10 minutes each. f time consumed to this point counting The PRESIDING OFFICER. Without against cloture and the bill not be dis- ORDER OF PROCEDURE objection, it is so ordered. placed upon the adoption of that mo- Mr. DURBIN. Mr. President, today is Mr. SESSIONS. Mr. President, on be- tion if cloture is invoked on a motion National Hunger Awareness Day, and I half of the majority leader, I ask unan- to proceed to S. 147. If cloture is in- rise to recognize the importance of imous consent that immediately fol- voked on the motion to proceed to S. ending domestic hunger. lowing the leader’s remarks on Thurs- 147, then the Senate begin consider- Domestic hunger has affected the day morning, the Senate resume the ation of that under the provisions of lives of more than 38 million people in motion to proceed to H.R. 8, regarding rule XXII upon the disposition of H.R. the United States annually. This in- the death tax. I further ask unanimous 8. cludes over 14 million children who live consent that there be 1 hour equally di- The PRESIDING OFFICER. Without below the poverty line. vided between the two leaders or their objection, it is so ordered. The face of hunger is diverse. In Illi- designees for debate, with 10 minutes of nois, one in every ten people is food in- f the minority time reserved for Senator secure. Homeless people are often hun- DURBIN and 10 minutes reserved for EXECUTIVE SESSION ger, but so are single mothers working Senator DORGAN prior to the vote on two jobs to make ends meet. So are our invoking cloture on the motion to pro- senior citizens whose income does not NOMINATION OF RICHARD STICK- ceed; provided further that the last 20 allow them to eat adequately. LER TO BE ASSISTANT SEC- minutes be reserved for the Democratic In Chicago, only 9 percent of the half- RETARY OF LABOR FOR MINE leader to be followed by the majority million people who seek services from SAFETY AND HEALTH leader. I further ask unanimous con- the Chicago Food Depository are home- sent that regardless of the outcome of Mr. SESSIONS. Mr. President, I ask less. Many people simply cannot afford that vote, Senators ROBERTS and CLIN- unanimous consent that the Senate the food they need and often seek TON be recognized to speak as in morn- proceed to executive session for the emergency food programs. ing business for up to 25 minutes equal- consideration of Executive Calendar How can this happen in a country as privileged as ours? ly divided. I further ask unanimous No. 553, Richard Stickler. The PRESIDING OFFICER. The Remember that 37 million Americans consent that following that debate, the are living in poverty. time until 12:45 p.m. be equally divided nomination will be stated. The assistant legislative clerk read Many low-income families are sup- again between the two leaders or their ported by jobs that do not pay livable designees, with a vote on invoking clo- the nomination of Richard Stickler, of West Virginia, to be Assistant Sec- wages. ture on the motion to proceed to S. 147 It could be that paying the health occurring at 12:45 p.m. on Thursday; retary of Labor for Mine Safety and Health. care or housing bills is more than they provided further that if cloture is not can manage. invoked on both of the motions to pro- CLOTURE MOTION America’s Second Harvest released a ceed, the Senate then proceed to execu- Mr. SESSIONS. Mr. President, the National Hunger Study showing that in tive session for consideration en bloc of nomination has been held up since Chicago, 41 percent of households ne- the following nominations on the Exec- March 8 when it was reported by the glect their food budget to cover utility utive Calendar: No. 627, Noel Hillman, HELP Committee. Therefore, I now costs. U.S. District Judge for New Jersey; No. send a cloture motion to the desk. It may be a combination of factors, 628, Peter Sheridan, U.S. District The PRESIDING OFFICER. The clo- but the food budget is often the first Judge for New Jersey; No. 633, Thomas ture motion having been presented thing they cut. Ludington, U.S. District Judge for the under rule XXII, the Chair directs the Today, we celebrate and commend Eastern District of Michigan; No. 634, clerk to read the motion. the heroic efforts of emergency food The assistant legislative clerk read Sean Cox, U.S. District Judge for the banks, soup kitchens, school meal pro- as follows: Eastern District of Michigan; provided grams and community pantries work- there be 10 minutes of debate for each CLOTURE MOTION ing to ease the pain of hunger. of the Senators from New Jersey, 10 We, the undersigned Senators, in accord- Federal nutrition programs work, ance with the provisions of rule XXII of the but they are not reaching enough minutes for Senator STABENOW, and 10 Standing Rules of the Senate, do hereby homes. Many parents are still skipping minutes each for the chairman and move to bring to a close debate on Executive meals so their children can eat. ranking member. Following the use or Calendar No. 553, the nomination of Richard Hunger drains the strength of people yielding back of time, I ask that the Stickler, of West Virginia, to be Assistant who, for a variety of reasons, are un- Senate proceed to consecutive votes on Secretary of Labor for Mine Safety and able to provide enough food or the Health. the nominations as listed; however, no right kinds of food for themselves or earlier than 2 p.m. Bill Frist, Michael B. Enzi, Judd Gregg, Elizabeth Dole, Sam Brownback, Rick their families. In a land of abundance, I further ask unanimous consent that this kind of sacrifice is as deplorable as following those votes, the Senate pro- Santorum, Chuck Grassley, John McCain, David Vitter, Jim DeMint, it is unnecessary. ceed to the consideration of Executive Jim Bunning, Norm Coleman, Richard We should end hunger in the United Calendar No. 663, Susan C. Schwab, to Shelby, Thad Cochran, John Cornyn, States and, working together, we can. be the United States Trade Representa- Orrin Hatch, Kay Bailey Hutchison. Mrs. DOLE. Mr. President, for the tive. I further ask unanimous consent Mr. SESSIONS. Mr. President, I ask past 3 years I have come to the Senate there be 30 minutes for Senator DOR- unanimous consent that the manda- floor on National Hunger Awareness GAN, 15 minutes for Senator CONRAD, 10 tory quorum be waived. Day to help raise concerns about the minutes for Senator BAUCUS, 30 min- The PRESIDING OFFICER. Without far too prevalent problem of hunger, utes for the chairman. I further ask objection, it is so ordered. both here in the United States and unanimous consent that following the f around the world. In fact, as a fresh- use or yielding back of time, the Sen- man Senator, I delivered my maiden ate proceed to a vote on the confirma- LEGISLATIVE SESSION speech on this topic and have since tion of the nomination, with no inter- Mr. SESSIONS. Mr. President, I ask made it one of my top priorities in the vening action or debate; finally, I ask unanimous consent that the Senate re- Senate. Two years ago on Hunger unanimous consent that following that turn to legislative session. Awareness Day, Senators SMITH, DUR- vote the President be immediately no- The PRESIDING OFFICER. Without BIN, LINCOLN, and I launched the Sen- tified of all of the Senate’s previous ac- objection, it is so ordered. ate Hunger Caucus, with the express

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.106 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5592 CONGRESSIONAL RECORD — SENATE June 7, 2006 purpose of providing a forum for Sen- concern. Last year, I reintroduced leg- sion—this grassroots network of com- ators and staff to focus on national and islation, S. 283, which would change the passion that transcends political ide- international hunger and food insecu- Tax Code to give transportation com- ology and provides hope and security rity issues. Today we have 37 Members panies incentives for volunteering not only for those in need today—but dedicated to this cause. I have stated trucks to transfer gleaned food. for future generations as well. repeatedly that the battle against hun- I am also proud to be an original co- f ger can’t be won in a matter of months sponsor of S. 1885, the so-called FEED HONORING OUR ARMED FORCES or even a few years, but it is a victory Act, with my colleagues Senators LAU- that we can certainly claim if we con- TENBERG and LINCOLN. The basic idea MARINE CORPORAL CORY L. PALMER tinue to make the issue a top priority. behind this legislation is simple: Com- Mr. CARPER. Mr. President, I would It is truly astounding that 34 million bine food rescue with job training pro- like to set aside a few moments today of our fellow citizens go hungry or are grams, thus teaching unemployed and to reflect on the life of Marine Cpl living on the edge of hunger each and homeless adults the skills needed to Cory L. Palmer. Cory epitomized the every day. In my home State of North work in the food service industry. best of our country’s brave men and Carolina, nearly 1 million of—our 8.6 It is astonishing that each year, ap- women who have fought to free Iraq million residents are dealing with hun- proximately 20 percent of the food pro- and to secure a new democracy in the ger. Our state has faced significant eco- duced in this country never even Middle East. He exhibited unwavering nomic hardship over the last few years, reaches a consumer’s table. With sup- courage, selfless devotion to his coun- as once-thriving towns have been hit port from the FEED Act, community try, and above all else, honor. In the hard by the closing of textile mills and kitchens across our Nation have the way he lived his life—and how we re- furniture factories. I know this story is potential to make good use of this food member him—Cory reminds each of us not unlike so many others across the and to serve more than 2 million meals how good we can be. Nation. While many who have lost to those in need each year. In Char- Cory was born to Charles and Danna manufacturing jobs have been fortu- lotte, NC, the Community Culinary Palmer on May 10, 1984. He was the nate to find new employment in the School is already recruiting students youngest of three sons. After grad- changing climate of today’s workforce, from social service agencies, homeless uating from Seaford High School in unfortunately having a steady income shelters, halfway houses and work re- 2002, Cory studied computer engineer- these days doesn’t always guarantee a lease programs who rescue food from ing at West Virginia University for one family three square meals a day. restaurants, grocers and wholesalers semester and then decided to join the Our Nation is blessed to have many and then prepare nutritious meals, Marine Corps. Friends, family, and faith-based and other nonprofit service while receiving training for jobs in the school officials recalled Cory Palmer as organizations that seek to address this food service industry. courageous yet humble, fun-loving and need. Feeding the hungry is their mis- Hunger also affects far too many adventurous, an all-around good per- sion field—groups such as the Society children in our Nation. In fact, an esti- son. He viewed the Marine Corps as an of St. Andrew, the only comprehensive mated 13 million children in America opportunity to gain life experience and program in North Carolina that gleans are dealing with hunger. This is a trav- as a way to serve his country. available produce from farms, and then esty that can and must be prevented. Cory was proud to be a member of packages, processes and transports ex- As we know, when children are hungry the Marine Corps 2nd Recon Battalion, cess food to feed the hungry. In 2005, they can not learn, but the obvious A Company, 1st Platoon. After his ini- the Society gleaned nearly 7.2 million way to ensure that these children have tial recruit training at Parris Island, pounds of food—or 21.5 million a hot meal—and therefore the potential Cory underwent marine combat train- servings—just in North Carolina. to do well in school—is through the Na- ing at Camp Geiger, located in North Amazingly, it only costs about 2 cents tional School Lunch Program. It feeds Carolina. He excelled in all of his mili- a serving to glean and deliver this food more than 28 million children in 100,000 tary training and graduated from snip- to those in need. And all of this work is schools each day. While the program er school, advanced sniper school, jump done by the hands of 13,000 volunteers provides reduced price meals to stu- school, combatant dive school and spe- and a tiny staff. dents whose family income is below 130 cial survival training school. For his The Society of St. Andrew has oper- percent of the poverty level, State and dutiful service, Cory had been awarded ations in 21 other States, and just last local school boards have informed me the Good Conduct Medal, the National year, the organization saved 29.5 mil- that many families struggle to pay this Defense Service Medal, the Sea Service lion pounds of fresh, nutritious produce fee, and for some families, the fee is an Deployment Ribbon, the Global War on and delivered 88.6 million servings to insurmountable barrier to participa- Terror Service Medal, the Global War hungry families in the 48 contiguous tion. That’s why I am a strong sup- on Terrorism Expeditionary Medal, the States. porter of legislation to eliminate the Iraqi Campaign Medal, and the Combat We should be utilizing the practice of reduced price fee for these families and Action Medal. gleaning much more extensively to harmonize the free income guideline Cory was on his second deployment today—considering that 96 billion with the WIC income guideline, which in Iraq. His death was caused by inju- pounds of good food—including that at is 185 percent poverty. ries sustained when the humvee he was the farm and retail level—is left over I am very proud that a five State riding in was hit by an explosive device or thrown away in this country each pilot program to eliminate the reduced near Fallujah. year. price fee was included in the reauthor- Cory was a remarkable and well-re- Like any humanitarian endeavor, the ization of Child Nutrition and WIC in spected young soldier. His friends and gleaning system works because of coop- 2004. And this year, 13 of my col- family remember him as a kind-heart- erative efforts. Private organizations leagues, including the chairman and ed and mischievous young man who and individuals are doing a great job— ranking member of the Senate Agri- loved the outdoors. Cory was an avid but they are doing so with limited re- culture Committee, have joined me to sportsman and explorer who had sources. It is up to us to make some encourage the Appropriations Com- planned on going hiking and fishing changes on the public side and assist in mittee to include funding for this pilot with his two older brothers, Thad and leveraging scarce dollars to help feed program. I look forward to working Kyle, upon his return. Cory also had a the hungry. with them on this important issue that softer side that he wasn’t afraid to One of the single biggest concerns for truly has the potential to alleviate show. He served as a mentor and role gleaners is transportation—how to ac- hunger for many American children model to his friends and even took the tually get the food to those who need and to help ensure their success in time to hand-make gifts for his family. it. I am proud to say that with the help school. As a youngster, Cory came to the of organizations like the American In closing, I implore our friends on Governor’s Fall Festival in Dover that Trucking Association, America’s Sec- both sides of the aisle—as well as the I hosted as Governor and ran with ond Harvest, and the Society of St. An- good people throughout our great coun- many of us in the 5-kilometer race that drew, we are taking steps to ease that try—to join us in this heartfelt mis- kicked off the festival every year.

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.055 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5593 When I visited Cory’s family in their bat operations in the vicinity of Bagh- study was designed to evaluate wheth- Seaford home a little more than a week dad in Iraq. His awards and decorations er overweight children could reduce ago, they shared with me a photo of include the Bronze Star Medal, Purple their risk of gaining additional weight Cory running in one of those races a Heart, Army Achievement Medal, through a combination of increasing decade before his tragic death. Army Good Conduct Medal, Iraq Cam- physical activity and eliminating 100 I rise today to commemorate Cory, paign Medal, Global War on Terrorism calories a day from their diet. to celebrate his life, and to offer his Service Medal, Army Service Ribbon, In the study, investigators random- family our support and our deepest Overseas Service Ribbon, Combat In- ized 216 families with at least 1 over- sympathy on their tragic loss. fantryman Badge, and Weapons Quali- weight child to either a lifestyle inter- STAFF SERGEANT CURTIS HAINES fication Badge. vention group or a control group. Fam- Mr. PRYOR. Mr. President, it is with Patriots from the State of New ilies in the intervention group were the greatest pleasure that I rise today Hampshire have served our Nation with asked to eliminate 100 calories a day to honor SSG Curtis Haines of Hope, honor and distinction from Bunker Hill from their diet by emphasizing a reduc- AR. He is a member of the Arkansas to Baghdad—and Nick served in that— tion of dietary sugar and an increase in Army National Guard’s Company A, 1– fine tradition. Daniel Webster said, physical activity by 2,000 steps daily. 153rd Infantry of the 39th Brigade Com- ‘‘God grants liberty only to those who Families in the control groups were bat Team based in Prescott, AR. For love it, and are always ready to guard asked to monitor their diet and exer- his heroic service in Iraq, Staff Ser- and defend it.’’ Nick was a courageous cise levels. After 6 months, signifi- geant Haines was recently presented and dedicated volunteer who loved his cantly more overweight children in the the Soldier’s Medal for Bravery at a family and his country and was proud intervention group maintained or re- ceremony in the Prescott High School of being a soldier. He served honorably duced their percent body mass index, auditorium. doing the job he wanted to do. This BMI, compared to the self-monitoring On May 6, 2004, at a military check- generous, fun-loving young man had a group, 67 percent versus 53 percent. point in Baghdad, a car bomb explosion big heart and understood that the free- The results of this study are striking. occurred. An Iraqi citizen was seriously doms and opportunities provided by By taking two simple, common sense injured, on fire, and trapped in a burn- this Nation need continuous defense steps—engaging in more physical activ- ing vehicle. Without regard for his own and that they are among the most pre- ity and reducing caloric intake by safety, Staff Sergeant Haines rescued cious gifts he can give to his family small amounts—families can help their the man from his vehicle, carried him and loved ones. children control weight gain and re- to safety, and administered medical My heartfelt sympathy, condolences, duce obesity. Such steps can have an aid. Because of his heroic actions, Staff and prayers go out to Nick’s parents, enormous impact on their health. I ap- Sergeant Haines ultimately saved the Denis and Lenda, his sister Natalie, plaud this study for bringing this im- man’s life. and his family and friends who have portant message to the public’s atten- Mr. President, I ask my colleagues to suffered this grievous loss. Because of tion. join me in congratulating Staff Ser- his devotion and sense of duty, the f geant Haines on receiving this well-de- safety and liberty of each and every REDUCE KIDS’ ACCESS TO GUNS served honor. Also, please join me in American is more secure. May God thanking all of our brave men and bless PFC Nicholas Cournoyer. Mr. LEVIN. Mr. President, research- women in uniform for their service. f ers from the Centers for Disease Con- They risk their lives every day to pro- trol and Prevention estimate that 1.69 tect our freedoms and deserve our re- WEIGHT GAIN PREVENTION IN million children in the United States spect and support for the sacrifices CHILDREN live in households where firearms are they have made and continue to make Mr. DEWINE. Mr. President, one of kept unlocked and loaded. Tragically for our country. my great passions as a Senator has but not coincidentally, guns kill an av- PRIVATE FIRST CLASS NICHOLAS R. COURNOYER been advocating for children and ad- erage of nearly eight children and teen- Mr. GREGG. Mr. President, I rise vancing initiatives that improve their agers each day. In addition, the Chil- today to pay tribute to U.S. Army PFC health and welfare. I wish to share dren’s Defense Fund estimates that at Nicholas R. Cournoyer of Gilmanton, with my colleagues the results of a new least four times as many are injured in NH, for his service and his supreme study, funded in part by the National nonfatal shootings. The vast majority sacrifice for his country. Institutes of Health, which reports on of these shootings could be prevented if Nicholas, also called Nick by family two simple steps that can be taken to safe gun storage practices were more and friends, grew up in Gilmanton and counter a serious health crisis among widely used. was a graduate of the Guilford High America’s youth. Some parents believe that simply School class of 2000. On January 22, The crisis is obesity among all ages educating their children about the dan- 2005, he answered a call to serve our and most seriously among children. gers posed by firearms is enough to country during these tense and turbu- The Journal of the American Medical keep them safe. Unfortunately, this is lent times by enlisting in the U.S. Association reported last month that not the case. A new study shows that Army. He was sent to Fort Benning, one-third of all children in the United parents who keep guns in their home GA where as a member of an infantry States are either overweight or dan- may have dangerous misperceptions training battalion he successfully com- gerously close to becoming so and, as a about their child’s familiarity with and pleted Infantry One Station Unit result, are at increased risk of becom- access to guns. Training, which combines in one loca- ing obese adults and developing diabe- The study, which was conducted by tion basic training with advanced indi- tes and other health problems. researchers from Harvard University vidual training. Upon graduation, he A new ‘‘America on the Move Family and the San Francisco General Hos- left for assignment in June 2005 with Study,’’ presented at the Pediatric pital, compared interview responses the 2nd Battalion, 22nd Infantry Regi- Academic Societies Meeting, April 30, from 201 families who have guns in ment, 1st Brigade Combat Team, 10th 2006, provides the first clinical evidence their homes. For each set of inter- Mountain Division, Light Infantry, that overweight children can effec- views, children were questioned sepa- Fort Drum, NY, where he served as an tively prevent additional weight gain rately from their parents. More than 70 infantryman. On August 11, 2005, he de- by making small changes to their daily percent of the children interviewed for ployed with his unit to Iraq in support lifestyle. The study was conducted by the study said that they knew where to of Operation Iraqi Freedom. the University of Colorado at Denver find a gun in their home. Surprisingly, Tragically, on May 18, 2006, this and Health Sciences Center, the pri- 39 percent of the parents who said their brave 25-year-old soldier was killed in mary research arm for America On the children did not know the storage loca- action along with three of his comrades Move Foundation, a national nonprofit tion of their firearms were contra- and an interpreter when an improvised dedicated to helping individuals and dicted by their children. Additionally, explosive device explosion detonated communities across the country im- 22 percent of the parents who said their near their military vehicle during com- prove health and quality of life. This children had not handled their guns

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.036 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5594 CONGRESSIONAL RECORD — SENATE June 7, 2006 were contradicted by their children. treatment. The men and women who has caused in Africa. Africa has ac- These discrepancies are troubling and defended our Nation should not have to counted for nearly half of all global indicate that simply trying to hide the choose between buying groceries and AIDS deaths, and it is estimated that location of firearms in the home is not visiting a doctor at the VA. by the year 2025 the total number of enough to adequately protect children For over 30 years, mileage reimburse- HIV infections in Africa could reach an from injuring themselves or others ment rates for veterans have remained astounding 100 million. In some African with a gun. stagnant, whereas Federal employees countries, the disease has caused the According to recent published re- received an 8-cent increase for a simi- average life expectancy to drop below ports, an estimated 35 percent of homes lar travel program in September 2005. 40. HIV/AIDS has ravaged countries, nationwide include guns. Common Currently, Federal employees are reim- economies, and families. sense tells us that when guns and am- bursed 44.5 cents per mile when using a The most vulnerable in our global so- munition are secured, the risk of chil- private vehicle for official Government ciety are in many cases those who are dren injuring or killing themselves or business. We owe our Nation’s veterans most at risk from HIV/AIDS. Women others with a gun is significantly re- the same benefit. and girls, who in Africa are often left duced. Last year, a study published in President Bush has consistently sup- physically, economically, and politi- the Journal of the American Medical ported VA budgets that short change cally vulnerable, suffer disproportion- Association found that the risk of un- veterans health care by billions of dol- ately from HIV/AIDS. Nearly 60 per- intentional shooting or suicide by mi- lars. Unfortunately, under current law, cent of all people living with HIV in Af- nors using a gun is reduced by as much money to reimburse veterans for travel rica are women; girls in sub-Saharan as 61 percent when ammunition in the is allocated from the same accounts Africa aged 15 to 19 are infected by HIV home is locked up. Simply storing am- used to provide medical care. This bill at rates as much as five to seven times munition separately from the gun re- changes the funding formula and would higher than boys their age. Gender in- duces such occurrences by more than 50 mandate a separate allowance to reim- equalities, cultural norms, trans- percent. burse travel costs. This will reduce the actional sex, and all forms of violence While educating children about the competition between programs that are against women and girls increase their dangers of guns is certainly necessary, equally meritorious and necessary but susceptibility to HIV/AIDS. Women the use of safe storage practices is are forced to compete for the same pot and girls desperately need legal protec- critically important to the safety of of funds. tion and economic empowerment so children and families when guns are Mr. President, I encourage my col- that they can make safe health kept in the home. We should all urge leagues to support the Emergency En- choices. These are fundamentally con- firearms owners around the country to ergy Assistance for Disabled Veterans nected issues. take steps to adequately secure their Act. It is time we rectified this glaring There is some cause for hope in our guns and ammunition. injustice and provide our veterans with battle against this terrible disease; the f the support they deserve. United States has committed an un- f precedented amount of money to the EMERGENCY ENERGY ASSISTANCE fight, and we are beginning to see some FOR DISABLED VETERANS 25TH ANNIVERSARY OF THE FIRST results. This is no cause for compla- Mr. JOHNSON. Mr. President, re- DOCUMENTED AIDS CASE cency, however. According to a recent cently I joined my colleague, Senator Mr. FEINGOLD. Mr. President, it was U.N. report, while the spread of HIV/ NELSON of Nebraska, in introducing the 25 years ago this week that a little-no- AIDS appears to be slowing down Emergency Energy Assistance for Dis- ticed report from the Centers for Dis- worldwide and some countries are re- abled Veterans Act. I am supporting ease Control documented a peculiar porting progress in bringing the pan- this bill because I am concerned about cluster of deadly pneumonia cases in demic under control, others are failing inadequate reimbursement rates of- Los Angeles. That report was the first to reach key targets for prevention and fered to veterans who must travel to official mention of AIDS, although the treatment. VA facilities for treatment. The VA disease had no name at the time. Since Most troubling is the fact that the beneficiary travel program reimburses 1981, AIDS has become an international rate of new HIV infections dramati- veterans 11 cents for every mile they human catastrophe, killing more than cally outpaces current efforts to reach are required to drive in order to visit a 25 million people, orphaning more than people with life-sustaining VA doctor. This reimbursement often 15 million children, and infecting more antiretroviral therapy. According to is not enough to cover the cost of the than 65 million people. Today, there Family Health International, for each trip, especially given high gas prices are 40 million people living with HIV. new person who received antiretroviral and the lengthy distances some vet- This issue affects us on both a global therapy in 2005, another seven people erans must travel. and a domestic scale. There are over 1.2 became infected. We must bring in- The State of South Dakota is home million people in the United States liv- creased focus to prevention efforts and to almost 77,000 veterans—approxi- ing with HIV/AIDS, and there are over do a better job of reaching out to those mately 10 percent of the State’s popu- 40,000 new infections each year. While who are most vulnerable to this dis- lation. Today gasoline averages $2.97 the United States made great strides to ease. per gallon. In rural States such as contain the disease and reduce the It is also becoming increasingly clear South Dakota, many veterans must number of deaths throughout the 1990s, that we cannot address HIV/AIDS in travel more than 120 miles each way in it now appears that this trend is re- isolation and that we need to deepen order to reach a veterans hospital. versing. The death rate is beginning to coordination between HIV/AIDS initia- South Dakotans living in Selby and destabilize, and the infection rate is tives and other development goals. Gettysburg must travel as much as 170 growing at a staggering rate among HIV/AIDS does not just affect isolated miles. With the price of gas rising, the certain populations, particularly peo- individuals but families, communities, fixed mileage reimbursement leaves ple of color. African Americans have and entire economies. One problem these veterans behind. the highest AIDS case rates of any ra- that has become apparent as we com- Oil companies are reaping substan- cial or ethnic group—more than nine mit increasing funds to address HIV/ tial profits without reinvesting these times the rate for Whites. AIDS is that international AIDS pro- profits in the infrastructure that helps There is still much to be done in the grams are siphoning off trained local keep gasoline markets operating United States to combat HIV/AIDS, health care workers from national smoothly. I am deeply concerned that but the prevalence of HIV/AIDS in the health care systems. The World Health these companies are being paid billions rest of the world, particularly in sub- Organization has reported that the in profits while at the same time re- Saharan Africa, is truly devastating. In total number of health care workers ceiving tax cuts and incentives. On the my role as ranking member of the Afri- per 1,000 people in Africa is 2.3—less opposite end of the spectrum, veterans ca Subcommittee of the Senate For- than one-tenth the density in the are forced to make tough choices in eign Relations Committee, I have seen Americas. This ‘‘brain drain’’ issue order to afford driving to the VA for firsthand the devastation this disease must be addressed. We need to

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.048 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5595 strengthen national health and social tional debate on housing policy, and There being no objection, the mate- systems by integrating HIV/AIDS continued to advocate on behalf of bet- rial was ordered to be printed in the intervention into programs for primary ter housing opportunities for all Amer- RECORD, as follows: health care, mother and child health, icans. A PROCLAMATION HONORING THE BICENTEN- sexual and reproductive health, tuber- NHC continues to be a force in shap- NIAL OF THE STEUBENVILLE HERALD-STAR culosis, nutrition, and education. Not ing this Nation’s housing policy. NEWSPAPER only will it be more cost-efficient to Today, as NHC celebrates this mile- Whereas; The Herald-Star Newspaper was work with existing systems, but it will stone, it has rededicated itself to a cen- founded on June 7, 1806 in Steubenville by also increase access for people who oth- tral mission: fulfilling the dream of the William Lowry and John Miller, who named erwise might not seek out counseling, 1949 Housing Act—‘‘a decent home and it the Western Herald, and testing, or treatment. As we look a suitable living environment for every Whereas; It is the oldest newspaper in Jef- ahead to the next 5, 10 years and be- ferson County and is also one of the oldest American family.’’ I commend the Na- daily circulated newspapers in Ohio, and yond, strong national health systems tional Housing Conference for its past Whereas; John Miller left the paper to will be crucial for sustainability. efforts and honor the organization on fight the British during the War of 1812, The 25-year anniversary of this ter- this very special anniversary. where he received lands in Missouri, and rible disease is an opportunity to take earned the rank of Colonel—eventually be- stock of where we have been and to f coming the territorial governor, and renew our commitment to overcoming COAST GUARD CUTTER ‘‘ACACIA’’ Whereas; President Woodrow Wilson’s the challenges that lie ahead in the grandfather, James Wilson bought the West- fight against HIV/AIDS. Ms. STABENOW. Mr. President, ern Herald in 1815. The newspaper stayed in today at a 10 a.m. the U.S. Coast Guard the Wilson family for nearly three decades, f will decommission the Cutter Acacia in and 75TH ANNIVERSARY OF THE a ceremony in Charlevoix, MI. Whereas; With the establishment of a tele- NATIONAL HOUSING CONFERENCE The Acacia’s keel was laid in 1942 in graph between Steubenville and Pittsburgh, Duluth MN, and was commissioned on the Western Herald became one of the most Mr. SARBANES. Mr. President, I rise widely read and influential papers in the today to recognize the 75th anniversary September 1, 1944. The cutter is named area, and of the National Housing Conference, after the original Acacia, a U.S. Light- Whereas; The Western Herald once em- NHC, an organization of over 900 mem- house Service vessel sunk off the coast ployed journalists who went on to become bers dedicated to forwarding the cause of British West Indies by a German U- powerful players in the newspaper industry, of affordable housing and community boat on March 17, 1942. The Acacia is like R.B. Allison, who left Steubenville to development. For the past 75 years, the the last of the Coast Guard’s 180-foot purchase the St. Louis Post-Dispatch, and National Housing Conference has been World War II era buoy tenders still in Whereas; The Western Herald and the service and has called Charlevoix, MI, Steubenville Star merged in 1897 to become an important contributor to the na- the Herald-Star, and tional debate on housing policy. Over home since 1990. Whereas; The Herald Star is now operated the years, NHC has worked to achieve The Acacia has served as a buoy ten- by Ogden Newspapers Inc, and now resides at the goal set forth in the landmark der on the Great Lakes for 62 years and 401 Herald Square in downtown Steubenville. Housing Act of 1949: ‘‘a decent home its area of responsibility extends from Now, therefore, I, Mike DeWine, United and a suitable living environment for Chicago at the south end of Lake States Senator from the Great State of Ohio, every American family.’’ Michigan to Alpena on Lake Huron. would like to commend The Heald-Star for Organized in New York City in 1931 The cutter’s primary mission is main- two centuries of commitment to one of this by the efforts of reformer and social taining aids to navigation but has also country’s founding ideals—the freedom of worker Mary Simkhovitch, NHC has the press—and congratulate past, present performed search and rescue missions, and future employees for their success. the distinction of being the first non- as well as providing icebreaking assist- partisan, independent coalition of na- ance during the winter. The Acacia, f tional housing leaders from both public also know as ‘‘The Big A’’ or ‘‘Ace of ADDITIONAL STATEMENTS and private sectors. This pioneering ad- the Great Lakes’’ has performed an vocacy group included bankers, build- unheralded but vital mission in the ers, civic leaders, realtors, organized Great Lakes for more than six decades. COLLBRAN JOB CORPS labor, architects, and residents. Early I commend the Acacia crew both past ∑ Mr. SALAZAR. Mr. President, today on, NHC was instrumental in the ef- and present for their tireless service to I recognize and commend the fantastic forts to raise public awareness in New maintain the Great Lakes navigational work and accomplishments of the stu- York City about the plight of hundreds aids. Each fall the Acacia and its crew dents and staff at the Collbran Job of thousands of its people and the con- begin a race against the Lakes brutal Corps located in Collbran, CO. sequences slums had on the general winter weather when they set out to Last year, the Collbran Job Corps welfare. remove buoys in Lake Michigan and was awarded the outstanding Organiza- In 1945, NHC moved its headquarters Lake Huron. These buoys can weigh to Washington, DC, and took on a tre- tion of the Year award by the Colorado over 18 tons and are covered in ice. Special Olympics Hall of Fame for mendous challenge: get rid of the Pulling buoys out of the frigid and un- slums, and eliminate substandard hous- their outstanding service and dedica- predictable Great Lakes in October, tion to the Special Olympics in Colo- ing. Through the 1940s NHC forged November and December is back break- partnerships and mobilized grassroots rado. This recognition was well de- ing work in rough seas and sub zero served as Collbran Job Corps has ac- forces around the country in an effort weather. However, it is crucial to keep to pass Federal legislation to meet this tively participated and supported the these waterways open for commercial Colorado Special Olympics for almost challenge. Finally, NHC’s efforts were shipping as long as possible before the rewarded with the passage of the land- 20 years. ice closes the shipping lanes and grinds Recently, the students and staff at mark Housing Act of 1949, the most any buoys left behind into scrap metal. sweeping, ambitious housing legisla- the Collbran Job Corps Center collabo- Mr. President, the Acacia and her tion the Nation had ever had. The act rated to form a robotics team that crew have served the Great Lakes called for ‘‘a decent home and a suit- competed in national competitions faithfully since the 1940s and we will able living environment for every against other robotics teams from uni- miss her fondly. American family.’’ versities, colleges, and the private sec- In the 1960s, NHC was again instru- f tor. In May, Collbran team was award- mental in the passage of the Housing ed 1st place honors in a regional robot- PROCLAMATION and Urban Development Act of 1965, ics competition in Denver and won an which resulted in the creation of a Cab- Mr. DEWINE. Mr. President, I request opportunity to compete in the Inter- inet-level department devoted to hous- unanimous consent that my proclama- national Robotics Competition in At- ing. tion honoring the Bicentennial of the lanta against robotics teams from Throughout the 1970s, 1980s, and 1990s Steubenville Herald-Star newspaper be around the globe. The judges at the NHC was a constant presence in the na- printed in the RECORD. international competition in Atlanta

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.039 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5596 CONGRESSIONAL RECORD — SENATE June 7, 2006 awarded Collbran the Engineering In- after, he lost consciousness and was nologies have indeed made a difference spiration Award for their ability to in- unresponsive to the officer. When Mr. for our present generation of spire other competitors. Thompson arrived on the scene, the warfighters. Our sons and daughters The students and staff at the young man had stopped breathing. He enter into battle with the decisive abil- Collbran Job Corps certainly live up to was pulled from the vehicle, and it was ity to ‘‘own the night’’ and precisely their mission statement: ‘‘Believe, discovered that he had no pulse. At target and defeat the threat because of Achieve, and Succeed.’’ Their first this point, Mr. Thompson administered the incredible contribution he made as place victory at the Denver regional CPR, and the individual started breath- a member of our defense industry. competition and excellent showing and ing and regained a pulse. There is no doubt Mr. Duvall contrib- award at the International Robotics Without the heroic actions of J uted directly to the saving of many Competition demonstrates that Thompson, this young man would not lives and the avoidance of great loss Collbran is meeting and excelling be alive today. My home State of Ar- because of his efforts and expertise. above and beyond this mission state- kansas is fortunate to have men of his Mr. Duvall is survived by his wife ment. caliber volunteering their time and ex- Shirley and his two children Mark and Collbran Job Corps students are well pertise to their communities. Michelle. Their loss should not be felt known throughout western Colorado Mr. President, I ask my colleagues to alone and should not be remembered for their achievements and commit- join me in applauding William ‘‘J’’ alone. It is indeed with great respect ment to the betterment of their com- Thompson and all the remarkable vol- and admiration for his contribution to munity. They have actively been in- unteer firemen for their selfless com- our Nation’s defense that we pause volved in community projects that uti- mitment to safety and humanitarian today to recognize Mr. Robert L. lized the skills of students in the con- efforts in our country.∑ Duvall, III. His effort will have a last- struction trades, including the CISCO f ing effect on many, and no doubt oth- Networking Program, business tech- ers lives will continue because of him.∑ IN MEMORIAM: ROBERT L. nology occupations, as well as those in DUVALL, III f culinary arts training. The longstanding sense of commitment to en- ∑ Mr. BOND. Mr. President. I take this MESSAGE FROM THE PRESIDENT hancing community spirit and out- opportunity to honor the life of Bob A message from the President of the reach serves as a benchmark to other Duvall, not only out of great respect United States was communicated to Job Corps sites throughout the coun- for his contributions to technology ad- the Senate by Ms. Evans, one of his try. vancements in the defense industry but secretaries. Recently, the Department of Labor also for all of those who have played a f key role in the strength of our Armed national Office of Job Corps selected EXECUTIVE MESSAGE REFERRED Collbran Job Corps as a Career Success Forces and Nation’s security. Standards, CSS, Pilot Center and na- Warfighters and commanders among As in executive session the Presiding tional trainer. The CSS sets a standard all service groups have directly bene- Officer laid before the Senate a mes- for behavioral expectations of students fited from his engineering contribu- sage from the President of the United participating in the Job Corps program tions. Mr. Duvall passed away on May States submitting a nomination which in support of the President’s High 24, 2006. He was 61. ws refered to the Committee on the Ju- Growth Training Initiative. The Mr. Robert L. Duvall, III, was born in diciary. Collbran Center was selected as a re- Cheverly, MD, on October 8, 1944 and (The nomination received today is sult of their outstanding core values, grew up in the suburbs of Washington, printed at the end of the Senate pro- positive and engaging student culture, DC. His father was an electrical engi- ceedings.) and consistent high performance. neer for the Chesapeake and Potomac f Collbran Job Corps highlights the Telephone Company and inspired him MESSAGES FROM THE HOUSE positive impacts the Job Corps oppor- to pursue a career in engineering. In tunity has had on the lives of the dis- 1967, he graduated from Cornell Univer- advantaged youth who participate and sity, Ithaca, NY, with a degree in elec- ENROLLED BILLS SIGNED the positive effect those youth con- trical engineering and subsequently At 9:22 a.m., a message from the tribute back to their communities and went to work at Hughes Aircraft Com- House of Representatives, delivered by the strong values of community. As the pany in California. Mr. Duvall Mr. Hays, one of its reading clerks, an- budget and appropriations process pro- furthered his education with a master’s nounced that the Speaker has signed ceeds, I hope the Senate will continue degree in electrical engineering from the following enrolled bills: the University of Southern California to support the Job Corps program and S. 1235. An act to amend title 38, United keep the wonderful example of in 1975. States Code, to improve and extend housing, Collbran Job Corps in mind. I know I After Mr. Duvall’s placement within insurance, outreach, and benefits programs will. the defense industry, his technical ex- provided under the laws administered by the I commend the Collbran Job Corps pertise expanded to include a variety of Secretary of Veterans Affairs, to improve Center for believing, achieving, and disciplines, including circuit design, and extend employment programs for vet- succeeding.∑ optics, infrared technology, erans under laws administered by the Sec- retary of Labor, and for other purposes. f optoelectronics, and systems integration. It was within the infrared tech- H.R. 1953. An act to require the Secretary of the Treasury to mint coins in commemo- TRIBUTE TO WILLIAM ‘‘J’’ nology and laser systems integration THOMPSON ration of the Old Mint at San Francisco, oth- sector that his contributions made the erwise known as the ‘‘Granite Lady’’, and for ∑ Mr. PRYOR. Mr. President, it is with most notable and recognized impact to other purposes. the greatest pleasure that I rise today the military capability of the United H.R. 3829. An act to designate the Depart- to honor William ‘‘J’’ Thompson of States. Early contributions and devel- ment of Veterans Affairs Medical Center in Highland, AR. J Thompson works as a opments during his 20-plus years with Muskogee, Oklahoma, as the Jack C. Mont- lineman for the Southern Electric Co- Hughes Aircraft led to innovation in gomery Department of Veterans Affairs Med- ical Center. operative, and since 2004, he has also Naval and Air Force laser pointing and H.R. 5401. An act to amend section 308 of been a first responder and truck cap- tracking technology. His contributions the Lewis and Clark Expedition Bicentennial tain for the Highland Volunteer Fire are better known for supporting the Commemorative Coin Act to make certain Department. U.S. Army’s Second Generation For- clarifying and technical amendments. On Christmas Eve, 2005, J Thompson ward Looking Infrared, FLIR, develop- The enrolled bills were subsequently responded to an emergency call from ments in the early 1990s. signed by the President pro tempore the Highland Police Department. A Mr. Duvall’s pioneering efforts with (Mr. STEVENS). young man had been stopped by a po- Hughes Aircraft and subsequently his lice officer and had admitted to taking current position as vice president of At 12:00 p.m., a message from the several tranquilizers. Shortly there- advanced technology at DRS Tech- House of Representatives, delivered by

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.058 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5597 Ms. Niland, one of its reading clerks, tion of caller identification information, and ment Response; to the Committee on Home- announced that the House has passed for other purposes; to the Committee on land Security and Governmental Affairs. the following bills, in which it requests Commerce, Science, and Transportation. EC–7001. A communication from the Chair- man, Railroad Retirement Board, transmit- the concurrence of the Senate: H.R. 5245. An act to designate the facility of the United States Postal Service located ting, pursuant to law, the Board’s Semi-An- H.R. 5126. An act to amend the Commu- at 1 Marble Street in Fair Haven, Vermont, nual Report of the Inspector General for the nications Act of 1934 to prohibit manipula- as the ‘‘Matthew Lyon Post Office Building’’; period from October 1, 2005 through March tion of caller identification information, and to the Committee on Homeland Security and 31, 2006; to the Committee on Homeland Se- for other purposes. Governmental Affairs. curity and Governmental Affairs. H.R. 5245. An act to designate the facility H.R. 5441. An act making appropriations EC–7002. A communication from the Chair- of the United States Postal Service located for the Department of Homeland Security for man, Federal Housing Finance Board, trans- at 1 Marble Street in Fair Haven, Vermont, the fiscal year ending September 30, 2007, and mitting, pursuant to law, the Board’s Semi- as the ‘‘Matthew Lyon Post Office Building’’. for other purposes; to the Committee on Ap- Annual Report of the Inspector General for The message also announced that the propriations. the period from October 1, 2005 through House has agreed to the following con- H.R. 5521. An act making appropriations March 31, 2006; to the Committee on Home- for the Legislative Branch for the fiscal year land Security and Governmental Affairs. current resolution, in which it requests EC–7003. A communication from the Chair- ending September 30, 2007, and for other pur- the concurrence of the Senate: man and Chief Executive Officer, Farm Cred- poses; to the Committee on Appropriations. H. Con. Res. 399. Concurrent resolution rec- it Administration, transmitting, pursuant to ognizing the 30th Anniversary of the victory The following concurrent resolutions law, the Administration’s Semi-Annual Re- of United States winemakers at the 1976 were read, and referred as indicated: port of the Inspector General for the period Paris Wine Tasting. H. Con. Res. 399. Concurrent resolution rec- from October 1, 2005 through March 31, 2006 H. Con. Res. 422. Concurrent resolution ognizing the 30th Anniversary of the victory and the Management Response; to the Com- supporting the goals and ideals of the Vigil of United States winemakers at the 1976 mittee on Homeland Security and Govern- for Lost Promise day. Paris Wine Tasting; to the Committee on Ag- mental Affairs. The message also announced that riculture, Nutrition, and Forestry. EC–7004. A communication from the Chair- pursuant to section 703(c) of the Public H. Con. Res. 422. Concurrent resolution man, National Credit Union Administration, supporting the goals and ideals of the Vigil transmitting, pursuant to law, the Adminis- Interest Declassification Act of 2000 (50 tration’s Semi-Annual Report of the Inspec- for Lost Promise day; to the Committee on U.S.C. 435 note), and the order of the tor General for the period from October 1, Health, Education, Labor, and Pensions. House of December 18, 2005, the Speak- 2005 through March 31, 2006; to the Com- er appoints the following member on f mittee on Homeland Security and Govern- mental Affairs. the part of the House of Representa- ENROLLED BILL PRESENTED tives to the Public Interest Declas- EC–7005. A communication from the Ad- sification Board for a term of three The Secretary of the Senate reported ministrator, Environmental Protection Agency, transmitting, pursuant to law, the years: Admiral William O. Studeman of that on today, June 7, 2006, she had presented to the President of the United Agency’s Semi-Annual Report of the Inspec- Great Falls, Virginia. tor General for the period from October 1, States the following enrolled bill: 2005 through March 31, 2006; to the Com- At 1:19 p.m., a message from the S. 1235. An act to amend title 38, United mittee on Homeland Security and Govern- House of Representatives, delivered by States Code, to improve and extend housing, mental Affairs. Mr. Hays, one of its reading clerks, an- insurance, outreach, and benefits programs EC–7006. A communication from the Acting nounced that the House has passed the provided under the laws administered by the Secretary of the Interior, transmitting, pur- following bill, in which it requests the Secretary of Veterans Affairs, to improve suant to law, the Department of the Inte- concurrence of the Senate: and extend employment programs for vet- rior’s Semi-Annual Report of the Inspector erans under laws administered by the Sec- General for the period from October 1, 2005 H.R. 5441. An act making appropriations retary of Labor, and for other purposes. through March 31, 2006; to the Committee on for the Department of Homeland Security for Homeland Security and Governmental Af- f the fiscal year ending September 30, 2007, and fairs. for other purposes. EXECUTIVE AND OTHER EC–7007. A communication from the Chair- COMMUNICATIONS man, United States International Trade At 5:23 p.m., a message from the Commission, transmitting, pursuant to law, House of Representatives, delivered by The following communications were the Commission’s Semi-Annual Report of the Ms. Niland, one of its reading clerks, laid before the Senate, together with Inspector General for the period from Octo- announced that the House has passed accompanying papers, reports, and doc- ber 1, 2005 through March 31, 2006; to the the following bill, without amendment: uments, and were referred as indicated: Committee on Homeland Security and Gov- S. 193. An act to increase the penalties for ernmental Affairs. EC–6997. A communication from the Dep- EC–7008. A communication from the Sec- violations by television and radio broad- uty Secretary of Defense, transmitting, pur- retary of Energy, transmitting, pursuant to casters of the prohibitions against trans- suant to law, the Inspector General Depart- law, the Department of Energy’s Semi-An- mission of obscene, indecent, and profane ment of Defense Semi-Annual Report to Con- nual Report of the Inspector General for the language. gress, October 1, 2005–March 31, 2006, along period from October 1, 2005 through March The message also announced that the with the classified Annex to the Semi-An- 31, 2006; to the Committee on Homeland Se- House has passed the following bill, in nual Report on Intelligence-Related Over- curity and Governmental Affairs. which it requests the concurrence of sight; to the Committee on Homeland Secu- EC–7009. A communication from the Sec- rity and Governmental Affairs. the Senate: retary of Labor, transmitting, pursuant to EC–6998. A communication from the Chief law, the Department of Labor’s Semi-Annual H.R. 5521. An act making appropriations Executive Officer, Corporation for National for the Legislative Branch for the fiscal year Report of the Inspector General for the pe- and Community Service, transmitting, pur- riod from October 1, 2005 through March 31, ending September 30, 2007, and for other pursuant to law, the Corporation’s Inspector poses. 2006; to the Committee on Homeland Secu- General Semi-Annual Report for the period rity and Governmental Affairs. from October 1, 2005 through March 31, 2006 At 7:24 p.m., a message from the EC–7010. A communication from the Sec- and the Corporation’s Report on Final Ac- retary of Veterans Affairs, transmitting, House of Representatives, delivered by tion; to the Committee on Homeland Secu- pursuant to law, the Semi-Annual Report of Mr. Hays, one of its reading clerks, an- rity and Governmental Affairs. the Inspector General for the period from Oc- nounced that the House has passed the EC–6999. A communication from the Direc- tober 1, 2005 through March 31, 2006; to the following bill, without amendment: tor, Office of Personnel Management, trans- Committee on Homeland Security and Gov- S. 2803. An act to amend the Federal Mine mitting, pursuant to law, the Semi-Annual ernmental Affairs. Safety and Health Act of 1977 to improve the Report of the Inspector General for the pe- EC–7011. A communication from the Direc- safety of mines and mining. riod from October 1, 2005 through March 31, tor, Office of Personnel Management, trans- 2006 and the Management Response; to the mitting, pursuant to law, the Semi-Annual f Committee on Homeland Security and Gov- Report of the Inspector General for the pe- MEASURES REFERRED ernmental Affairs. riod from October 1, 2005 through March 31, EC–7000. A communication from the Chair- The following bills were read the first 2006 and the Management Response; to the man, Board of Governors, United States Committee on Homeland Security and Gov- and the second times by unanimous Postal Service, transmitting, pursuant to ernmental Affairs. consent, and referred as indicated: law, the Semi-Annual Report of the Inspec- EC–7012. A communication from the Direc- H.R. 5126. An act to amend the Commu- tor General for the period from October 1, tor, Office of Personnel Management, trans- nications Act of 1934 to prohibit manipula- 2005 through March 31, 2006 and the Manage- mitting, pursuant to law, the Fiscal Year

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.085 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5598 CONGRESSIONAL RECORD — SENATE June 7, 2006 2005 Federal Student Loan Repayment Pro- ceived on May 31, 2006; to the Committee on By Mr. CHAMBLISS: gram Report; to the Committee on Homeland Homeland Security and Governmental Af- S. 3466. A bill to provide for the liquidation Security and Governmental Affairs. fairs. or reliquidation of certain entries relating to EC–7013. A communication from the Chair- EC–7024. A communication from the Chair- high-density, fiberboard-core laminate pan- man, U.S. Merit Systems Protection Board, man of the Council of the District of Colum- els entered in March 2002 through May 2002; transmitting, pursuant to law, a report enti- bia, transmitting, pursuant to law, a report to the Committee on Finance. tled ‘‘Contracting Officer Representatives: on D.C. Act 16–387, ‘‘Disclosure of Mental Re- By Mr. CHAMBLISS: Managing the Government’s Technical Ex- tardation and Developmental Disabilities S. 3467. A bill to provide for the liquidation perts to Achieve Positive Contract Out- Fatality Review Committee and Mental Re- or reliquidation of certain entries relating to comes’’; to the Committee on Homeland Se- tardation and Developmental Disabilities In- high-density, fiberboard-core laminate pan- curity and Governmental Affairs. cident Management and Investigations Unit els entered in January 2002 through March EC–7014. A communication from the Dis- Information and Records Temporary Amend- 2002; to the Committee on Finance. trict of Columbia Auditor, transmitting, pur- ment Act of 2006’’ received on May 31, 2006; to By Mr. CHAMBLISS: suant to law, a report entitled ‘‘Letter Re- the Committee on Homeland Security and S. 3468. A bill to provide for the liquidation port: Review of Relocation and Related Governmental Affairs. or reliquidation of certain entries relating to OCTO Employees’ Expenses Paid For by the EC–7025. A communication from the Direc- high-density, fiberboard-core laminate pan- Office of the Chief Technology Officer For tor, Office of Personnel Management, trans- els entered in March 2001 through October Fiscal Years 2001 Through 2003’’; to the Com- mitting, the report of proposed legislation 2001; to the Committee on Finance. mittee on Homeland Security and Govern- entitled ‘‘Performance Appraisal Certifi- By Mr. CHAMBLISS: mental Affairs. cation Technical Corrections Act of 2006’’; to S. 3469. A bill to provide for the liquidation EC–7015. A communication from the Dis- the Committee on Homeland Security and or reliquidation of certain entries relating to trict of Columbia Auditor, transmitting, pur- Governmental Affairs. high-density, fiberboard-core laminate pan- suant to law, a report entitled ‘‘Fiscal Year f els entered in February 2005 through July 2005 Annual Report On Advisory Neighbor- 2005; to the Committee on Finance. hood Commissions″; to the Committee on INTRODUCTION OF BILLS AND By Mr. CHAMBLISS: Homeland Security and Governmental Af- JOINT RESOLUTIONS S. 3470. A bill to provide for the liquidation fairs. The following bills and joint resolu- or reliquidation of certain entries relating to EC–7016. A communication from the Dis- high-density, fiberboard-core laminate pan- trict of Columbia Auditor, transmitting, pur- tions were introduced, read the first and second times by unanimous con- els entered in October 2004 through February suant to law, a report entitled ‘‘Letter Re- 2005; to the Committee on Finance. port: Comparative Analysis of Collections to sent, and referred as indicated: By Mr. CHAMBLISS: Revised Revenue Estimates for Fiscal Year By Mr. MCCAIN: S. 3471. A bill to provide for the liquidation 2005’’; to the Committee on Homeland Secu- S. 3457. A bill to provide a national fran- or reliquidation of certain entries relating to rity and Governmental Affairs. chise and other regulatory relief to video high-density, fiberboard-core laminate pan- EC–7017. A communication from the Dep- service providers who offer a-la-carte pro- els entered in March 2004 through June 2007; uty Archivist of the United States, National gramming for cable television, and for other to the Committee on Finance. Archives and Records Administration, trans- purposes; to the Committee on Commerce, By Mr. CHAMBLISS: mitting, pursuant to law, the report of a rule Science, and Transportation. S. 3472. A bill to provide for the liquidation entitled ‘‘Official Seals and Logos’’ (RIN3095- By Mr. BAYH (for himself and Mrs. or reliquidation of certain entries relating to AB48) received on May 31, 2006; to the Com- BOXER): high-density, fiberboard-core laminate pan- mittee on Homeland Security and Govern- S. 3458. A bill to require the Consumer els entered in August 2003 through March mental Affairs. Product Safety Commission to issue regula- 2004; to the Committee on Finance. EC–7018. A communication from the Chair- tions mandating child-resistant closures on By Mr. CHAMBLISS: man of the Council of the District of Colum- all portable gasoline containers; to the Com- S. 3473. A bill to provide for the liquidation bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- or reliquidation of certain entries relating to on D.C. Act 16-381, ‘‘Organ and Tissue Donor tation. high-density, fiberboard-core laminate pan- Registry Establishment Act of 2006’’ received By Mr. CHAMBLISS: els entered in November 2001 through Decem- on May 31, 2006; to the Committee on Home- S. 3459. A bill to provide for the liquidation ber 2004; to the Committee on Finance. land Security and Governmental Affairs. or reliquidation of certain entries relating to By Mr. CHAMBLISS: EC–7019. A communication from the Chair- high-density, fiberboard-core laminate pan- S. 3474. A bill to provide for the liquidation man of the Council of the District of Colum- els entered in May 2003 through September or reliquidation of certain entries relating to bia, transmitting, pursuant to law, a report 2003; to the Committee on Finance. high-density, fiberboard-core laminate pan- on D.C. Act 16-382, ‘‘Closing of a Portion of S By Mr. CHAMBLISS: els entered in July 2002 through October 2002; Street, S.E., a Portion of 13th Street S.E., S. 3460. A bill to provide for the liquidation to the Committee on Finance. and Public Alleys in Squares 5600 and 5601, or reliquidation of certain entries relating to By Mr. OBAMA: S.O. 04–11912, Act of 2006’’ received on May 31, high-density, fiberboard-core laminate pan- S. 3475. A bill to provide housing assistance 2006; to the Committee on Homeland Secu- els entered in June 2004 through October for very low-income veterans; to the Com- rity and Governmental Affairs. 2004; to the Committee on Finance. EC–7020. A communication from the Chair- mittee on Banking, Housing, and Urban Af- By Mr. CHAMBLISS: fairs. man of the Council of the District of Colum- S. 3461. A bill to provide for the liquidation By Mr. AKAKA: bia, transmitting, pursuant to law, a report or reliquidation of certain entries relating to S. 3476. To amend the Homeland Security on D.C. Act 16–383, ‘‘Tobacco Settlement high-density, fiberboard-core laminate pan- Act of 2002 to establish employee profes- Trust Fund and Tobacco Settlement Financ- els entered in February 2003 through May sional development programs at the Depart- ing Amendment Act of 2006’’ received on May 2003; to the Committee on Finance. ment of Homeland Security; to the Com- 31, 2006; to the Committee on Homeland Se- By Mr. CHAMBLISS: curity and Governmental Affairs. S. 3462. A bill to provide for the liquidation mittee on Homeland Security and Govern- EC–7021. A communication from the Chair- or reliquidation of certain entries relating to mental Affairs. man of the Council of the District of Colum- high-density, fiberboard-core laminate pan- f bia, transmitting, pursuant to law, a report els entered in October 2002 through February on D.C. Act 16–384, ‘‘Closing of Public Streets 2003; to the Committee on Finance. SUBMISSION OF CONCURRENT AND and Alleys in Squares 702, 703, 704, 705, and By Mr. CHAMBLISS: SENATE RESOLUTIONS 706, and in U.S. Reservation 247, S.O. 05–6318, S. 3463. A bill to provide for the liquidation The following concurrent resolutions Act of 2006’’ received on May 31, 2006; to the or reliquidation of certain entries relating to and Senate resolutions were read, and Committee on Homeland Security and Gov- high-density, fiberboard-core laminate pan- ernmental Affairs. els entered in May 2002 through August 2002; referred (or acted upon), as indicated: EC–7022. A communication from the Chair- to the Committee on Finance. By Mr. FEINGOLD (for himself, Ms. man of the Council of the District of Colum- By Mr. CHAMBLISS: MURKOWSKI, Mr. BIDEN, and Mr. bia, transmitting, pursuant to law, a report S. 3464. A bill to provide for the liquidation LUGAR): on D.C. Act 16–385, ‘‘National Guard Oper- or reliquidation of certain entries relating to S. Res. 503. A resolution mourning the loss ations Coordination Temporary Act of 2006’’ high-density, fiberboard-core laminate pan- of life caused by the earthquake that oc- received on May 31, 2006; to the Committee els entered in May 2002 through June 2002; to curred on May 27, 2006, in Indonesia, express- on Homeland Security and Governmental Af- the Committee on Finance. ing the condolences of the American people fairs. By Mr. CHAMBLISS: to the families of the victims, and urging as- EC–7023. A communication from the Chair- S. 3465. A bill to provide for the liquidation sistance to those affected; to the Committee man of the Council of the District of Colum- or reliquidation of certain entries relating to on Foreign Relations. bia, transmitting, pursuant to law, a report high-density, fiberboard-core laminate pan- By Mr. LAUTENBERG (for himself, on D.C. Act 16–386, ‘‘My Sister’s Place, Inc. els entered in March 1999 through March Mr. GRAHAM, Mr. MENENDEZ, Mrs. Grant Authority Temporary Act of 2006’’ re- 2001; to the Committee on Finance. CLINTON, Mr. REID, Mr. KENNEDY, Mr.

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.066 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5599 BIDEN, Mr. LIEBERMAN, Mr. LEVIN, stroke prevention, diagnosis, treat- S. 2284 Mr. KERRY, Ms. STABENOW, Ms. MI- ment, and rehabilitation. At the request of Ms. MIKULSKI, the KULSKI, Mr. SCHUMER, Mrs. BOXER, S. 1272 name of the Senator from South Caro- Mr. DODD, Mr. BINGAMAN, Mr. ALLEN, Ms. COLLINS, Mr. SANTORUM, Mr. At the request of Mr. NELSON of Ne- lina (Mr. GRAHAM) was added as a co- BURR, Mr. SALAZAR, Mr. DEMINT, braska, the name of the Senator from sponsor of S. 2284, a bill to extend the Mrs. LINCOLN, Mr. DORGAN, Mr. REED, Massachusetts (Mr. KENNEDY) was termination date for the exemption of Mr. DEWINE, Mr. KOHL, Mr. HATCH, added as a cosponsor of S. 1272, a bill to returning workers from the numerical Mr. COLEMAN, and Mr. ROCKEFELLER): amend title 46, United States Code, and limitations for temporary workers. S. Res. 504. A resolution expressing the title II of the Social Security Act to S. 2416 sense of the Senate that the President provide benefits to certain individuals should not accept the credentials of any rep- At the request of Mr. BURNS, the who served in the United States mer- resentative of the Government of Libya name of the Senator from Georgia (Mr. chant marine (including the Army without the expressed understanding that CHAMBLISS) was added as a cosponsor of Transport Service and the Naval the Government of Libya will continue to S. 2416, a bill to amend title 38, United work in good faith to resolve outstanding Transport Service) during World War States Code, to expand the scope of cases of United States victims of terrorism II. sponsored or supported by Libya, including programs of education for which accel- S. 1353 the settlement of cases arising from the Pan erated payments of educational assist- Am Flight 103 and LaBelle Discotheque At the request of Mr. REID, the ance under the Montgomery GI Bill bombings; considered and agreed to. names of the Senator from North Da- may be used, and for other purposes. By Mr. GRASSLEY (for himself, Mr. kota (Mr. DORGAN), the Senator from S. 2467 SALAZAR, Mr. LUGAR, Mr. HARKIN, Connecticut (Mr. LIEBERMAN) and the Mr. DEWINE, Mr. OBAMA, Mr. HAGEL, Senator from Kentucky (Mr. BUNNING) At the request of Mr. GRASSLEY, the Mr. DORGAN, Mr. COLEMAN, Mr. were added as cosponsors of S. 1353, a names of the Senator from Delaware KERRY, Mr. TALENT, Mr. NELSON of bill to amend the Public Health Serv- (Mr. CARPER) and the Senator from Nebraska, Mr. THUNE, Ms. CANTWELL, ice Act to provide for the establish- Colorado (Mr. SALAZAR) were added as Mr. KOHL, and Mr. JOHNSON): ment of an Amyotrophic Lateral Scle- cosponsors of S. 2467, a bill to enhance S. Con. Res. 97. A concurrent resolution ex- and improve the trade relations of the pressing the sense of Congress that it is the rosis Registry. goal of the United States that, not later than S. 1575 United States by strengthening United States trade enforcement efforts and January 1, 2025, the agricultural, forestry, At the request of Mr. BINGAMAN, the and working land of the United States name of the Senator from Maryland encouraging United States trading should provide from renewable resources not partners to adhere to the rules and (Mr. SARBANES) was added as a cospon- less than 25 percent of the total energy con- sor of S. 1575, a bill to amend the Pub- norms of international trade, and for sumed in the United States and continue to other purposes. produce safe, abundant, and affordable food, lic Health Service Act to authorize a feed, and fiber; to the Committee on Agri- demonstration program to increase the S. 2545 culture, Nutrition, and Forestry. number of doctorally-prepared nurse At the request of Mr. DEWINE, the f faculty. name of the Senator from Minnesota (Mr. COLEMAN) was added as a cospon- ADDITIONAL COSPONSORS S. 1691 At the request of Mr. CRAIG, the sor of S. 2545, a bill to establish a col- S. 420 name of the Senator from Florida (Mr. laborative program to protect the At the request of Mr. KYL, the name MARTINEZ) was added as a cosponsor of Great Lakes, and for other purposes. of the Senator from Kentucky (Mr. S. 1691, a bill to amend selected stat- S. 2616 BUNNING) was added as a cosponsor of utes to clarify existing Federal law as At the request of Mr. SANTORUM, the S. 420, a bill to make the repeal of the to the treatment of students privately estate tax permanent. name of the Senator from North Da- educated at home under State law. kota (Mr. CONRAD) was added as a co- S. 484 S. 1722 sponsor of S. 2616, a bill to amend the At the request of Mr. WARNER, the At the request of Ms. MURKOWSKI, the Surface Mining Control and Reclama- name of the Senator from Idaho (Mr. name of the Senator from Minnesota tion Act of 1977 and the Mineral Leas- CRAPO) was added as a cosponsor of S. (Mr. DAYTON) was added as a cosponsor ing Act to improve surface mining con- 484, a bill to amend the Internal Rev- of S. 1722, a bill to amend the Public trol and reclamation, and for other enue Code of 1986 to allow Federal ci- Health Service Act to reauthorize and purposes. vilian and military retirees to pay extend the Fetal Alcohol Syndrome S. 2658 health insurance premiums on a pretax prevention and services program, and basis and to allow a deduction for for other purposes. At the request of Mr. BOND, the name of the Senator from Oregon (Mr. SMITH) TRICARE supplemental premiums. S. 2025 S. 495 was added as a cosponsor of S. 2658, a At the request of Mr. BAYH, the name bill to amend title 10, United States At the request of Mr. CRAPO, his of the Senator from California (Mrs. name was added as a cosponsor of S. Code, to enhance the national defense FEINSTEIN) was added as a cosponsor of through empowerment of the Chief of 495, a bill to impose sanctions against S. 2025, a bill to promote the national perpetrators of crimes against human- the National Guard Bureau and the en- security and stability of the United hancement of the functions of the Na- ity in Darfur, Sudan, and for other pur- States economy by reducing the de- poses. tional Guard Bureau, and for other pur- pendence of the United States on oil poses. S. 918 through the use of alternative fuels At the request of Mr. LEAHY, the At the request of Mr. OBAMA, the and new technology, and for other pur- name of the Senator from Colorado poses. name of the Senator from Delaware (Mr. BIDEN) was added as a cosponsor of (Mr. ALLARD) was added as a cosponsor S. 2140 S. 2658, supra. of S. 918, a bill to provide for Flexible At the request of Mr. HATCH, the Fuel Vehicle (FFV) refueling capa- names of the Senator from Georgia S. 2661 bility at new and existing refueling (Mr. CHAMBLISS) and the Senator from At the request of Mr. SANTORUM, his station facilities to promote energy se- South Dakota (Mr. JOHNSON) were name was added as a cosponsor of S. curity and reduction of greenhouse gas added as cosponsors of S. 2140, a bill to 2661, a bill to provide for a plebiscite in emissions. enhance protection of children from Puerto Rico on the status of the terri- S. 1064 sexual exploitation by strengthening tory. At the request of Mr. COCHRAN, the section 2257 of title 18, United States At the request of Mr. MARTINEZ, the name of the Senator from North Caro- Code, requiring producers of sexually names of the Senator from Indiana lina (Mr. BURR) was added as a cospon- explicit material to keep and permit (Mr. BAYH) and the Senator from South sor of S. 1064, a bill to amend the Pub- inspection of records regarding the age Carolina (Mr. GRAHAM) were added as lic Health Service Act to improve of performers, and for other purposes. cosponsors of S. 2661, supra.

VerDate Aug 31 2005 03:41 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.064 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5600 CONGRESSIONAL RECORD — SENATE June 7, 2006 S. 2707 S. RES. 420 According to a Government Account- At the request of Mr. SUNUNU, the At the request of Mr. LAUTENBERG, ability Office, GAO, report, in commu- name of the Senator from West Vir- the name of the Senator from New Jer- nities where there are two cable com- ginia (Mr. BYRD) was added as a co- sey (Mr. MENENDEZ) was added as a co- panies competing for customers, cable sponsor of S. 2707, a bill to amend the sponsor of S. Res. 420, a resolution ex- rates are 15 percent less than in com- United States Housing Act of 1937 to pressing the sense of the Senate that munities without any competition. A exempt qualified public housing agen- effective treatment and access to care subsequent GAO study suggests that in cies from the requirement of preparing for individuals with psoriasis and psori- some markets the presence of another an annual public housing agency plan. atic arthritis should be improved. cable competitor may reduce rates by S. 2810 AMENDMENT NO. 4189 an astounding 41 percent. Unfortu- At the request of Mr. GRASSLEY, the At the request of Mrs. BOXER, her nately, today less than 5 percent of names of the Senator from Hawaii (Mr. name was added as a cosponsor of communities have two companies com- INOUYE) and the Senator from Arkan- amendment No. 4189 intended to be pro- peting to provide consumers cable tele- sas (Mr. PRYOR) were added as cospon- posed to S. 2012, a bill to authorize ap- vision service. sors of S. 2810, a bill to amend title propriations to the Secretary of Com- The CHOICE Act would help bring XVIII of the Social Security Act to merce for the Magnuson-Stevens Fish- competition to the cable television eliminate months in 2006 from the cal- ery Conservation and Management Act market. Choice in cable television de- culation of any late enrollment penalty for fiscal years 2006 through 2012, and livery is long overdue for consumers under the Medicare part D prescription for other purposes. who have suffered steep rate hikes year drug program and to provide for addi- f after year. Since 1996, cable rates have tional funding for State health insur- STATEMENTS ON INTRODUCED increased 58 percent or nearly three ance counseling program and area BILLS AND JOINT RESOLUTIONS times the rate of inflation. The Federal agencies on aging, and for other pur- Communications Commission, FCC, By Mr. MCCAIN: has found that rates increased 7 per- poses. S. 3457. A bill to provide a national S. 3069 cent in 2001 and 2002, and 5 percent in franchise and other regulatory relief to 2003. The FCC’s most recent report At the request of Mr. DODD, the video service providers who offer a-la- names of the Senator from Massachu- found that rates again rose 5 percent in carte programming for cable tele- 2004, double the rate of inflation, but setts (Mr. KERRY), the Senator from vision, and for other purposes; to the only 3.6 percent where the local cable Wisconsin (Mr. KOHL), the Senator Committee on Commerce, Science, and company faced competition. I can only from Arkansas (Mrs. LINCOLN), the Sen- Transportation. imagine the savings consumers could ator from Pennsylvania (Mr. Mr. MCCAIN. Mr. President, today I reap if presented with a choice of pro- SANTORUM) and the Senator from Ohio am introducing the Consumers Having viders of cable service and a choice of (Mr. VOINOVICH) were added as cospon- Options in Cable Entertainment, channels. For this reason I call on Con- sors of S. 3069, a bill to amend section CHOICE, Act of 2006. This bill would gress to pass the CHOICE Act. 2306 of title 38, United States Code, to encourage broadcasters and cable com- A recent USA Today/Gallup poll modify the furnishing of government panies that own cable channels to sell found that a majority of Americans markers for graves of veterans at pri- their channels individually to sub- would like to buy cable channels indi- vate ceremonies, and for other pur- scribers. It would also promote cable vidually and an AP/Ipsos poll found poses. programming distribution over the that a remarkable 78 percent of Ameri- S 3275 Internet. . cans would like to do so. According to At the request of Mr. ALLEN, the For almost 10 years I have supported giving consumers the ability to buy Nielsen Media Research, households re- name of the Senator from Oregon (Mr. ceiving more than 70 channels only SMITH) was added as a cosponsor of S. cable channels individually, also known as a la carte, to provide con- watch, on average, about 17 of these. 3275, a bill to amend title 18, United Consumers know that they could have States Code, to provide a national sumers with more control over the viewing options in their home and greater control over their monthly bill standard in accordance with which if given the ability to choose their nonresidents of a State may carry con- their monthly cable bill. Cable companies have resisted this and have contin- channels. This was recently confirmed cealed firearms in the State. by the FCC. This year the FCC found S. CON. RES. 71 ued to give consumers all the ‘‘choice’’ of a North Korean election ballot. that consumers could save as much as At the request of Mr. AKAKA, the 13 percent on their monthly cable bills name of the Senator from New York There is only one option available: buy a package of channels, whether you if they could buy only the channels (Mr. SCHUMER) was added as a cospon- watch all the channels or not. The al- they want. sor of S. Con. Res. 71, a concurrent res- Mr. President, consider the situation olution expressing the sense of Con- ternative is to not receive cable programming at all. Why have cable com- of a senior citizen on fixed income liv- gress that States should require can- panies and cable programmers refused ing in Sun City, Arizona, who watches didates for driver’s licenses to dem- to give consumers the ability to buy only a few news and movie channels, onstrate an ability to exercise greatly and pay for only those channels con- but continues to pay for high priced increased caution when driving in the sumers watch? Simply because they do channels such as ESPN, Fox Sports, proximity of a potentially visually im- not have to. They are the only game in and MTV—channels that other con- paired individual. town. But not for long, I hope. sumers enjoy, but channels that cer- S. CON. RES. 96 Telephone companies have realized tain seniors may not want and possibly At the request of Mr. BROWNBACK, the that consumers want more and are cannot afford. In fact, the general man- names of the Senator from New Mexico poised to provide consumers across the ager of the Sun City cable system has (Mr. DOMENICI) and the Senator from nation with an alternative to the local told my staff that he has tried to drop Georgia (Mr. CHAMBLISS) were added as cable company. Many of these tele- several expensive music video channels cosponsors of S. Con. Res. 96, a concur- phone companies, including AT&T, are from the company’s channel lineup to rent resolution to commemorate, cele- also ready to offer consumers the abil- make room for channels his viewers brate, and reaffirm the national motto ity to purchase channels a la carte. want to receive and to decrease costs, of the United States on the 50th anni- Such companies will offer two crucial but the owners of the music video versary of its formal adoption. benefits to consumers: more competi- channels have forbid him to do so with- S. RES. 331 tion in the video service provider mar- out serious repercussions. So the resi- At the request of Ms. LANDRIEU, the ket, and more options for programming dents of Sun City continue to subsidize name of the Senator from Maine (Ms. packages. Together, these two offerings the cost of these channels for viewers SNOWE) was added as a cosponsor of S. will allow consumers to have greater around the country. That is why Res. 331, a resolution expressing the control over the content that enters AARP, representing 35 million senior sense of the Senate regarding fertility the home and the ability to manage citizens, supports the ability for view- issues facing cancer survivors. their monthly cable bills. ers to buy channels on an a la carte

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.069 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5601 basis. But again, cable companies don’t nothing to prevent cable companies ties use these funds for other expendi- have to listen to these 35 million view- from continuing to offer a bundle of tures. Just last month at a hearing be- ers because there is no real threat of channels or tiers of channels. fore the Senate Commerce Committee, losing them. They have nowhere to The cable industry regularly touts Michael A. Guido, Mayor of Dearborn, turn. the value of its package of channels, Michigan, confirmed that these fees The CHOICE ACT, Mr. President, is noting that it costs less than taking a are often used to pay for other city ex- not a mandate on cable providers. In- family of four to a movie or profes- penses, such as emergency vehicles. stead it is designed to encourage choice sional sporting event. However, watch- In 2004, State and local governments and competition by granting signifi- ing cable television is not always a collected approximately $2.4 billion in cant regulatory relief to video service family event. Several channels have these fees, slightly more than $37 per providers, such as telephone and cable programming that consumers find ob- year from every household subscriber. companies, that agree to both offer jectionable or that parents believe is Americans for Tax Reform believes cable channels on an a la carte basis to unsuitable for young children. Com- that the ‘‘franchise fee is just a stealth subscribers and to not prohibit any plaints about indecent cable program- tax on our consumption of the cable channel owned by the video service ming have increased exponentially in television,’’ as do other economists and provider from being sold individually. recent years. In 2004, the FCC received taxpayer advocacy groups. To this end, In exchange, video service providers 700 percent more cable indecency com- the legislature in my home state of Ar- would receive the right to obtain a na- plaints than it received in 2003. Most of izona just recently passed a bill to re- tional franchise; would be permitted to the cable programs about which inde- duce such fees and taxes on cable tele- pay lower fees to municipalities for the cency complaints have been filed with vision subscribers. use of public rights of way; would ben- the FCC aired during hours when many The Phoenix Center, a non-partisan efit from a streamlined definition of children are watching television. legal and economic think tank, has ‘‘gross video revenue’’ for the calcula- Cable and satellite companies cur- found that the introduction of competition of such fees; and would gain a pro- rently provide subscribers with a vari- tion to cable companies could allow hibition on the solicitation of institu- ety of methods of blocking the audio the fee to be lowered ‘‘significantly tional networks, in-kind donation, and and video programming of any channel without doing any harm to local gov- unlimited public access channels. that they do not wish to receive. How- ernments.’’ Based upon this research, In addition, broadcasters that have ever, subscribers are still required to the CHOICE Act would reduce the fee an ownership stake in a cable channel pay for these channels that they find from 5 percent to 3.7 percent for eligi- would get the benefit of the FCC’s net- objectionable. The ‘‘v-chip’’ does not ble video service providers and allow work non-duplications rule if the effectively protect children from inde- local governments to petition the FCC broadcaster does not prohibit the chan- cent programming carried by video for a higher fee if it is necessary to nel from being sold individually. The programming distributors. Most of the cover the costs of managing ‘‘rights of FCC’s network non-duplication rule television sets currently in use in the way’’ land. I believe this would provide provides exclusivity for broadcasters United States are not equipped with a some real cost savings to cable sub- by not allowing another broadcaster v-chip; of the 280 million sets currently scribers. with the same network affiliation from in United States households, approxi- I remain open to working with mu- broadcasting in the same community. mately 161 million television sets are nicipalities on this issue and look for- The bill would also modify Section not equipped with a v-chip. Households ward to working with all interested 616(a) of the Communications Act that that have a television set with a v-chip parties to ensure that American con- currently prohibits video service pro- are also likely to have one or more sets sumers receive greater options for af- viders from using coercion or retalia- that are not equipped with a v-chip. fordable and acceptable television tory tactics to prevent cable channels Again, Mr. President, I am aware viewing. Mr. President, I hope the introduction of the CHOICE Act furthers from making their services available to that not all consumers want to block the debate on the issue of a la carte competing companies to extend this and not pay for certain channels, but channel selection and I look forward to provision to distribution over the shouldn’t all consumers have the the Senate’s consideration of the bill. Internet. choice to do so? Cable programmers For example, if Time Warner Cable and broadcasters have started offering By Mr. OBAMA: offered CNN, a cable channel it owns, individual television programs for S. 3475. A bill to provide housing as- on an a la carte basis to its cable sub- download on the Internet. This is the sistance for very low-income veterans; scribers and allowed other cable com- purest form of a la carte—where one to the Committee on Banking, Hous- panies, satellite companies, and video can watch and pay for only specific ing, and Urban Affairs. programmers who choose to distribute programs they choose. In addition, Mr. OBAMA. Mr. President, I rise CNN to make it available on an a la many of these same broadcasters and today to introduce the Homes for He- carte basis, Time Warner Cable would cable programmers make their chan- roes Act of 2006. be eligible for a national franchise and nels available for individual purchase When we talk about veterans in other regulatory relief. If Disney, in Hong Kong, Canada, and other coun- Washington, I often think about my which owns ESPN, allowed other cable tries. Why do these cable programmers grandfather, who signed up for duty in companies, satellite companies, and treat the American cable subscriber World War II the day after Pearl Har- video programmers who choose to dis- differently than a subscriber in Hong bor. He marched across Europe in Pat- tribute ESPN to make it available on Kong or Canada or an Internet user? It ton’s army, and when he came home to an a la carte basis, Disney’s ABC remains unclear. Kansas, he could have very easily faced broadcast stations would have the ben- Lastly, Mr. President, I know that some tough times. efit of the FCC’s network non-duplica- the cable programmers and broad- He could have had trouble paying for tion rule. casters will not be the only group that college, or finding a job, or even find- Mr. President, contrary to what some may have some concerns with this bill. ing a home. But at the time, he lived in might want the American people to be- Many of my friends in local govern- a country that recognized the value of lieve, the CHOICE Act does not force ment are also likely to be interested in his service—a country that kept its video service providers or broadcasters the reduced ‘‘rights of way’’ fee and promise to defend those who have de- to do a single thing. It is their choice streamlined definition of ‘‘gross video fended freedom. And so he was able to whether to act or not act. The bill pro- revenue’’ under this bill. Cable compa- afford college through the G.I. Bill, and vides them with such a choice even nies pay these fees to municipalities to he was able to buy a house through the though they currently don’t provide use the right-of-way land under side- Federal Housing Administration, and meaningful choices to their customers. walks, streets and bridges to reach cus- he was able to work hard and raise a This bill is incentive-based legislation tomers’ homes and then pass these fees family and build his own American that would encourage owners of cable on to subscribers. However, these fees dream. channels to make channels available often surpass the costs of managing And after I think about my grand- for individual purchase and would do ‘‘rights of way’’ land, and municipali- father, and the opportunities he had as

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.076 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5602 CONGRESSIONAL RECORD — SENATE June 7, 2006 a veteran, I then think about a veteran veterans who live in this housing. And an understanding of how employees’ I met named Bill Allen, who told me the Homes for Heroes Act would ex- roles and responsibilities fit into the that on a recent trip he took to Chi- pand the number of permanent housing Department’s mission and to develop cago, he actually saw homeless vet- vouchers for veterans from the current career goals. The voluntary rotation erans fighting over access to the number of less than 2,000 to 20,000. program would place midlevel employ- dumpsters. Think about that. Fighting These are vouchers that have been ees in a different component of DHS for over access to the dumpsters. highly successful in giving veterans the a period of time to provide for profes- Each and every night in this country, chance to afford a place to live. sional development; increased knowl- more than 200,000 of our Nation’s vet- Every day in America, we walk past edge of the Department’s various mis- erans are homeless. And more than half men and women on street comers with sions; and networking opportunities. a million will experience homelessness handwritten signs that say ‘‘Homeless Participants in the rotation program over the course of a year. There is no Veteran—Will Work For Food.’’ Some- would be eligible for promotions or single cause for this. Homeless vets are times we give a dollar; sometimes we other employment preferences. To- men and women, single and married. just keep walking. These are soldiers gether the mentoring and rotational They have served in every conflict who fought in World War II, Vietnam, programs will improve communication; since World War II. Many suffer from and Iraq. They made a commitment to strengthen recruitment and retention post-traumatic stress disorder; others their country when they chose to programs; help with succession plan- were physically and mentally battered serve—and now we must keep our com- ning; enhance networking opportuni- in combat. A large number left the mitment to them. Because when we ties; and provide a pool of qualified fu- military without job skills that could make the decision to send our troops to ture leaders. I commend DHS for recognizing the be easily used in the private sector. war, we also make the decision to care need to strengthen its workforce. Last All have risked their lives for their for them, to speak for them, and to July, the Department unveiled its country. All deserve—at the very think of them—always—when they Homeland Security Learning and De- least—the basic dignity of going to come home. velopment Strategic Plan to align edu- sleep at night with a roof over their This kind of America—an America of cation, training, and professional de- head. And every day we allow them to opportunity, of collective responsi- velopment with the Department’s stra- go without, it brings shame to every bility for each other—is the kind that tegic goals. The plan addresses the single one of us. any of our parents and grandparents need to align education and profes- This is wrong. It is because we’re came home to after the Second World sional development with the Depart- quick to offer words of praise for our War. Now it is time for us to build this ment’s vision, mission, core values, and troops when they were abroad, but America for those sons and daughters strategic plan. However, this plan quick to forget about their needs when who come home today. alone will not address the daunting they come home. It’s wrong because we challenges facing DHS. Congress must have the resources and the programs in Mr. AKAKA: S. 3476. to amend the Homeland Secu- act to ensure that agency-wide em- place to help solve this problem. And it ployee development programs are in rity Act of 2002 to establish employee is wrong on a fundamentally moral place to eliminate cultural and edu- professional development programs at level—the idea that we would allow cational stovepipes. such brave and selfless citizens to suf- the Department of Homeland Security; My bill will increase employee orga- fer in such biting poverty. And so it is to the Committe on Homeland Security nizational knowledge and technical now our responsibility—it is now our and Governmental Affairs. proficiency in the critical homeland se- Mr. AKAKA. Mr. President, I rise duty—to make this right. curity skill sets required to keep our Last year, I introduced the Shel- today to introduce legislation that will Nation safe. For example, the Science tering All Veterans Everywhere Act, S. help train and motivate our homeland and Technology Directorate, S&T, 1180—the SAVE Act—to strengthen security workforce. As the ranking would benefit greatly from rotational services for homeless veterans. The member of the Homeland Security and programs with other DHS directorates SAVE Act would reauthorize and ex- Governmental Affairs Federal Work- and components, including Immigra- pand two of the most successful pro- force Subcommittee, I understand the tion and Customs Enforcement, ICE, grams in dealing with homeless vet- challenges facing the Department of and Customs and Border Protection, erans: the Homeless Providers Grant Homeland Security, DHS. Our com- CBP. Rotations between these entities and Per Diem Program and the Home- mittee and subcommittee have held would ensure that S&T projects and less Veterans Reintegration Program. numerous hearings on a broad spec- priorities are correctly aligned with In addition, the SAVE Act would ex- trum of DHS-related issues, including ICE and CBP requirements, in addition pand the reach of the Homeless Vet- poor contract management, ineffective to ensuring a cohesive homeland secu- erans Reintegration Program to also financial systems, and major human rity workforce. include veterans at risk of homeless- capital challenges. I have met with Mentoring programs can hasten the ness, so that we can work to prevent DHS employees and management offi- learning curve for new employees, im- homelessness before it happens. cials to discuss problems ranging from prove employee performance, and alter And while it is one thing to get vet- leadership deficiencies and high em- the culture of the organization by cre- erans off the streets temporarily; it is ployee turnover rates to management ating a collaborative, team-based, and another to keep them off—to place vet- challenges. Vacancies resulting from results-oriented structure. Such pro- erans in real, permanent homes. In the recent departures of key, high level grams have a proven track-record of fact, the VA has consistently identified officials further threaten employee mo- success. According to the April 10, 2006, permanent housing as one of the top rale and the Department’s ability to issue of Federal Human Resources three unmet needs in the fight against provide for the security of our Nation. Week, mentoring opportunities are veteran homelessness. DHS cannot meet its mission if it does welcomed by federal workers and help That is why I’m introducing a bill not have a well-trained and dedicated in recruitment and retention efforts. today called the Homes for Heroes Act. workforce. Failure to provide adequate This finding is not new. A 1999 work- This is a bill that would help expand training and career development pro- force study found that 35 percent of access to long-term, affordable housing grams for employees will have serious private sector employees who did not by creating a fund so that the commu- consequences for our national security. receive regular mentoring planned to nity and nonprofit organizations could My bill, the Homeland Security Pro- seek other jobs within the next 12 purchase, build, or rehabilitate homes fessional Development Act of 2006, will months. This number was reduced to 16 and apartments for veterans. strengthen the workforce at DHS percent when employees received reg- So that we don’t just leave them, to through the establishment of formal ular mentoring. In addition, according face their personal challenges on their mentoring and rotational programs. to the International Mentoring Asso- own, the organizations would also pro- The mentoring program will partner ciation, employee supervision increases vide services like counseling, employ- junior and entry level workers with productivity by only 25 percent. How- ment training, and child care to the more experienced employees to foster ever, when training is combined with

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.071 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5603 coaching and mentoring, productivity ‘‘(F) shall complement and incorporate ‘‘(IV) providing informal education and is increased by an astounding 88 per- (but not replace) mentoring and training training in areas such as communication, cent. programs within the Department in effect on critical thinking, responsibility, flexibility, One positive example of the benefits the date of enactment of this section; and and teamwork; and ‘‘(G) may promote cross-disciplinary men- ‘‘(V) pointing out the strengths and areas of mentoring is the apprentice program toring and training opportunities that in- for development of the mentee. at the Pearl Harbor Naval Shipyard in clude provisions for intradepartmental rota- ‘‘(B) MENTEES.—The responsibilities of the my home State of Hawaii. Established tional opportunities, in accordance with mentee may include— in 1924, the Pearl Harbor apprentice human capital goals and plans that foster a ‘‘(i) defining short-term learning objectives program has graduated thousands of more diversified and effective Federal work- and long-term career goals; highly qualified and skilled journey- force of the Department. ‘‘(ii) participating in learning opportuni- men to ensure that the U.S. Navy re- ‘‘(3) TRAINING LEADERS COUNCIL.— ties to broaden knowledge of the Depart- ‘‘(A) ESTABLISHMENT.—The Training Lead- ment; and mains ‘‘Fit to Fight.’’ ers Council established by the Chief Human The Department of Homeland Secu- ‘‘(iii) participating in professional opportu- Capital Officer shall administer the Men- nities to improve a particular career area, rity continues to face considerable toring Program. develop an area of technical expertise, grow management, leadership, and human ‘‘(B) RESPONSIBILITIES.—The Training professionally, and expand leadership abili- capital challenges. The Homeland Se- Leaders Council shall— ties. ‘‘(i) provide oversight of the establishment curity Professional Development Act of ‘‘(6) REPORTING.—Not later than 180 days and implementation of the Mentoring Pro- 2006 will tackle these challenges by after the date of the establishment of the gram; Mentoring Program, the Secretary shall sub- building on the current training efforts ‘‘(ii) establish a framework that supports mit a report on the status of the Mentoring of the Department and fostering a well- the goals of the Mentoring Program and pro- rounded and well-trained homeland se- motes cross-disciplinary mentoring and Program and enrollment, including the num- curity workforce. I urge my colleagues training; ber of mentors and mentees in each component of the Department and how the Men- to support this important legislation ‘‘(iii) identify potential candidates to be mentors or mentees and select candidates for toring Program is being used in succession and ask unanimous consent that the planning and leadership development to— text of the bill be printed in the admission into the Mentoring Program; ‘‘(iv) formalize mentoring assignments ‘‘(A) the Committee on Homeland Security RECORD. within the Department; and Governmental Affairs of the Senate; There being no objection, the text of ‘‘(v) formulate individual development ‘‘(B) the Committee on Homeland Security the bill was ordered to be printed in plans that reflect the needs of the Depart- of the House of Representatives; and the RECORD, as follows: ment, the mentor, and the mentee; ‘‘(C) the Committee on Government Re- form of the House of Representatives. S. 3476 ‘‘(vi) coordinate with mentoring programs in the Department in effect on the date of Be it enacted by the Senate and House of Rep- ‘‘SEC. 845. HOMELAND SECURITY ROTATION PRO- enactment of this section; and resentatives of the United States of America in GRAM. ‘‘(vii) establish target enrollment numbers Congress assembled, for the size and scope of the Mentoring Pro- ‘‘(a) ESTABLISHMENT.— SECTION 1. SHORT TITLE. gram, under the human capital goals and ‘‘(1) IN GENERAL.—Not later than 180 days This Act may be cited as the ‘‘Homeland plans of the Department. after the date of enactment of this section, Security Professional Development Act of ‘‘(4) SELECTION OF PARTICIPANTS FOR MEN- the Secretary shall establish the Homeland 2006’’. TORING PROGRAM.— Security Rotation Program (in this section SEC. 2. ESTABLISHMENT OF PROFESSIONAL DE- ‘‘(A) IN GENERAL.—The Mentoring Program referred to as the ‘Rotation Program’) for VELOPMENT PROGRAMS AT THE DE- shall consist of middle and senior level em- employees of the Department. The Rotation PARTMENT OF HOMELAND SECU- ployees of the Department with significant Program shall use applicable best practices, RITY. experience who shall serve as mentors for including those from the Chief Human Cap- (a) IN GENERAL.—Title VIII of the Home- junior and entry level employees and em- ital Officers Council. land Security Act of 2002 (6 U.S.C. 361 et seq.) ployees who are critical to Department suc- ‘‘(2) GOALS.—The Rotation Program estab- is amended by inserting after section 843 the cession plans and programs. lished by the Secretary shall— following: ‘‘(B) SELECTION OF MENTORS.—Mentors ‘‘(A) be established in accordance with the ‘‘SEC. 844. HOMELAND SECURITY MENTORING shall be employees who— Department Human Capital Strategic Plan; PROGRAM. ‘‘(i) understand the organization and cul- ‘‘(B) provide middle level employees in the ‘‘(a) ESTABLISHMENT.— ture of the Department; Department the opportunity to broaden ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(ii) understand the aims of mentoring in their knowledge through exposure to other after the date of enactment of this section, Federal public service; components of the Department; the Secretary shall establish the Homeland ‘‘(iii) are available and willing to spend ‘‘(C) expand the knowledge base of the De- Security Mentoring Program (in this section time with the mentee, giving appropriate partment by providing for rotational assign- referred to as the ‘Mentoring Program’) for guidance and feedback; ments of employees to other components; employees of the Department. The Men- ‘‘(iv) enjoy helping others and are open- ‘‘(D) build professional relationships and toring Program shall use applicable best minded, flexible, empathetic, and encour- contacts among the employees in the De- practices, including those from the Chief aging; and partment; Human Capital Officers Council. ‘‘(v) have very good communications ‘‘(E) invigorate the workforce with excit- ‘‘(2) GOALS.—The Mentoring Program es- skills, and stimulate the thinking and reflec- ing and professionally rewarding opportuni- tablished by the Secretary— tion of mentees. ties; ‘‘(A) shall be established in accordance ‘‘(C) SELECTION OF MENTEES.—Mentees ‘‘(F) incorporate Department human cap- with the Department Human Capital Stra- shall be motivated employees who possess ital strategic plans and activities, and ad- tegic Plan; potential for future leadership and manage- dress critical human capital deficiencies, re- ‘‘(B) shall incorporate Department human ment roles within the Department. cruitment and retention efforts, and succes- capital strategic plans and activities, and ad- ‘‘(5) ROLES AND RESPONSIBILITIES OF PAR- sion planning within the Federal workforce dress critical human capital deficiencies, re- TICIPANTS IN THE MENTORING PROGRAM.— of the Department; and cruitment and retention efforts, and succes- ‘‘(A) MENTORS.— ‘‘(G) complement and incorporate (but not sion planning within the Federal workforce ‘‘(i) ROLE.—A mentor shall serve as a replace) rotational programs within the De- of the Department; model, motivator, and counselor to a partment in effect on the date of enactment ‘‘(C) shall enable employees within the De- mentee. of this section. partment to share expertise, values, skills, ‘‘(ii) LIMITATION.—Any person who is the ‘‘(3) TRAINING LEADERS COUNCIL.— resources, perspectives, attitudes and pro- immediate supervisor of an employee and ‘‘(A) IN GENERAL.—The Training Leaders ficiencies to develop and foster a cadre of evaluates the performance of that employee Council established by the Chief Human Cap- qualified employees and future leaders; may not be a mentor to that employee under ital Officer shall administer the Rotation ‘‘(D) shall incorporate clear learning goals, the Mentor Program. Program. objectives, meeting schedules, and feedback ‘‘(iii) RESPONSIBILITIES.—The responsibil- ‘‘(B) RESPONSIBILITIES.—The Training processes that will help employees, man- ities of a mentor may include— Leaders Council shall— agers, and executives enhance skills and ‘‘(I) helping the mentee set short-term ‘‘(i) provide oversight of the establishment knowledge of the Department while reaching learning objectives and long-term career and implementation of the Rotation Pro- professional and personal goals; goals ; gram; ‘‘(E) shall enhance professional relation- ‘‘(II) helping the mentee understand the or- ‘‘(ii) establish a framework that supports ships, contacts, and networking opportuni- ganizational culture of the Department; the goals of the Rotation Program and pro- ties among the employees of the Depart- ‘‘(III) recommending or creating learning motes cross-disciplinary rotational opportu- ment; opportunities; nities;

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.067 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5604 CONGRESSIONAL RECORD — SENATE June 7, 2006 ‘‘(iii) establish eligibility for employees to SUBMITTED RESOLUTIONS SENATE RESOLUTION 504 EX- participate in the Rotation Program and se- PRESSING THE SENSE OF THE lect participants from employees who apply; SENATE THAT THE PRESIDENT ‘‘(iv) establish incentives for employees to SHOULD NOT ACCEPT THE CRE- participate in the Rotation Program, includ- SENATE RESOLUTION 503—MOURN- DENTIALS OF ANY REPRESENTA- ing promotions and employment preferences; ING THE LOSS OF LIFE CAUSED TIVE OF THE GOVERNMENT OF ‘‘(v) ensure that the Rotation Program LIBYA WITHOUT THE EX- provides professional education and training; BY THE EARTHQUAKE THAT OC- ‘‘(vi) ensure that the Rotation Program de- CURRED ON MAY 27, 2006, IN IN- PRESSED UNDERSTANDING THAT velops qualified employees and future lead- DONESIA, EXPRESSING THE CON- THE GOVERNMENT OF LIBYA ers with broad-based experience throughout DOLENCES OF THE AMERICAN WILL CONTINUE TO WORK IN the Department; PEOPLE TO THE FAMILIES OF GOOD FAITH TO RESOLVE OUT- ‘‘(vii) provide for greater interaction THE VICTIMS, AND URGING AS- STANDING CASES OF UNITED among employees in components of the De- SISTANCE TO THOSE AFFECTED STATES VICTIMS OF TERRORISM partment; and SPONSORED OR SUPPORTED BY ‘‘(viii) coordinate with rotational pro- Mr. FEINGOLD (for himself, Ms. LIBYA, INCLUDING THE SETTLE- grams within the Department in effect on MURKOWSKI, Mr. BIDEN, and Mr. LUGAR) MENT OF CASES ARISING FROM the date of enactment of this section. submitted the following resolution; THE PAN AM FLIGHT 103 AND ‘‘(4) ALLOWANCES, PRIVILEGES, AND BENE- which was referred to the Committee LABELLE DISCOTHEQUE BOMB- FITS.—All allowances, privileges, rights, se- INGS niority, and other benefits of employees par- on Foreign Relations: ticipating in the Rotation Program shall be Mr. LAUTENBERG (for himself, Mr. S. RES. 503 preserved. GRAHAM Mr. MENENDEZ, Mrs. CLINTON, Whereas, on May 27, 2006, a powerful earth- ‘‘(5) REPORTING.—Not later than 180 days Mr. REID, Mr. KENNEDY, Mr. BIDEN, Mr. after the date of the establishment of the quake measuring 6.2 on the Richter scale oc- LIEBERMAN, Mr. LEVIN, Mr. KERRY, Ms. Rotation Program, the Secretary shall sub- curred in Indonesia, centered near the City Stabenow. Ms. MIKULSKI, Mr. SCHUMER, of Yogyakarta; mit a report on the status of the Rotation Mrs. BOXER, Mr. DODD, Mr. BINGAMAN, Whereas the earthquake and continuing Program, including a description of the Ro- Mr. ALLEN, Ms. COLLINS, Mr. aftershocks have caused more than 5,000 tation Program, the number of employees SANTORUM, Mr. BURR, Mr. SALAZAR, deaths, resulted in serious injuries to addi- participating, and how the Rotation Pro- Mr. DEMINT, Mrs. LINCOLN, Mr. DOR- gram is used in succession planning and lead- tional tens of thousands of people, and left hundreds of thousands of people with dam- GAN, Mr. REED, Mr. DEWINE, Mr. KOHL, ership development to— Mr. HATCH, Mr. COLEMAN, and Mr. ‘‘(A) the Committee on Homeland Security aged or destroyed homes; Whereas thousands of people in the af- ROCKEFELLER) submitted the following and Governmental Affairs of the Senate; resolution; which was considered and ‘‘(B) the Committee on Homeland Security fected region are living in temporary shelter or lack basic services, such as clean water agreed to: of the House of Representatives; and Mr. LAUTENBERG. Mr. President, in ‘‘(C) the Committee on Government Re- and sanitation, thereby increasing the risk light of the recent announcement to reform of the House of Representatives.’’. of additional suffering and death; and Whereas the United States and donors move Libya from the State Depart- (b) TECHNICAL AND CONFORMING AMEND- from at least 20 other countries have, to ment’s list of state sponsors of terror, MENT.—Section 1(b) of the Homeland Secu- date, pledged several millions of dollars in I rise today to submit a resolution ex- rity Act of 2002 (6 U.S.C. 101) is amended by emergency and long-term reconstruction as- pressing the sense of the Senate that inserting after the item relating to section sistance, and have begun to deliver humani- the Libyan Government should meet 843 the following: tarian supplies to survivors of the earth- the terms of its financial commitment quake: Now, therefore, be it ‘‘Sec. 844. Homeland Security Mentoring to the families of the victims of the Program. Resolved, That the Senate— Pan Am flight 103 bombing and other ‘‘Sec. 845. Homeland Security Rotation Pro- (1) mourns the tragic loss of life and hor- acts of terror supported by Libya be- gram.’’. rendous suffering caused by the earthquake fore the President accepts credentials that occurred on May 27, 2006, in Indonesia; of any representative of the Govern- SEC. 3. REPORTS TO CONGRESS. (2) expresses the deepest condolences of the ment of Libya. I am pleased that Sen- (a) IN GENERAL.—Chapter 41 of title 5, people of the United States to the families, ators GRAHAM, MENENDEZ, CLINTON, communities, and government of the thou- United States Code is amended by adding at KENNEDY, BIDEN, LIEBERMAN, LEVIN, sands of individuals who lost their lives in the end the following: KERRY, STABENOW, MIKULSKI, SCHUMER, the earthquake; BOXER, DODD, BINGAMAN, ALLEN, COL- ‘‘SEC. 4122. REPORTS TO CONGRESS. (3) expresses sympathy and compassion for the hundreds of thousands of people who LINS, BURR, SALAZAR, DEMINT, LIN- ‘‘The Director of the Office of Personnel COLN, DORGAN, REED, DEWINE, KOHL, Management shall report annually to the have been left with destroyed or damaged homes or have been seriously affected by this REID, and SANTORUM have agreed to co- Committee on Homeland Security and Gov- sponsor my resolution. ernmental Affairs of the Senate and the earthquake; (4) welcomes and commends the prompt In May 2002, Libya made an un- Committee on Government Reform of the international humanitarian response to the equivocal commitment to compensate House of Representatives on the training, earthquake by the governments of many the families who lost loved ones in the mentoring, and succession plans and pro- countries, the United Nations and other Pan Am 103 bombing over Lockerbie, grams of Federal agencies, including the international organizations, and nongovern- Scotland, which killed 270 people, in- number of participants, the structure of the mental organizations; cluding 189 Americans. To date, Libya programs, and how participants are used for (5) expresses gratitude and respect for the has not resolved these claims in full, leadership development and succession plan- courageous and committed work of all indi- particularly the last installment of ning programs.’’. viduals providing aid, relief, and assistance, compensation that is to be paid to each (b) TECHNICAL AND CONFORMING AMEND- including civilian and military personnel of family upon Libya’s removal from the MENT.—The table of sections for chapter 41 of the United States, who are working to save list of state sponsors of terror. Now title 5, United States Code, is amended by in- lives and provide relief in the devastated that the Secretary of State has an- areas; serting after the item relating to section 4121 nounced Libya’s removal from the list, the following: (6) urges the President and the Govern- ment of the United States to provide all ap- the U.S. must ensure that Libya honors ‘‘4122. Reports to Congress.’’. propriate assistance to the Government of its commitment. Before the U.S. normalizes its rela- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Indonesia and people of the affected region; and tionship with the Government of There are authorized to be appropriated (7) recognizes the lead role of the Govern- Libya, it is crucial that we underscore such sums as necessary to carry out this Act. ment of Indonesia in providing assistance our expectation that Libya will fully and promoting recovery for the affected pop- honor its commitment to all these ulation. American families. The resolution also exhorts the President to press the Gov- ernment of Libya to make a good faith

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.070 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5605 effort to resolve other outstanding (2) it is in the best interests of the long- our crude oil, our dependence is a cases involving U.S. victims of its term relationship between the United States threat to our national security. Presi- state-sponsored terrorism, including and Libya that final payment be made to the dent Bush heightened the awareness of the 1986 bombing of the La Belle Dis- families of the victims of the attack on Pan the problem by stating in his 2006 State cotheque in Berlin, Germany, that Am Flight 103; and (3) the President should not accept the cre- of the Union Address that we are ad- killed two American soldiers and dentials of any representative of the Govern- dicted to foreign oil. He highlighted as wounded dozens of others. ment of Libya without the expressed under- his goal to reduce our dependence on I am pleased that the Senate is con- standing that the Government of Libya will oil from the Middle East by 75 percent sidering this important resolution and continue to work in good faith to resolve by 2025. urge its immediate adoption. outstanding cases of United States victims Our effort with this concurrent reso- S. RES. 504 of terrorism sponsored or supported by lution is to signal to America’s farm- Whereas there has not been a resolution of Libya, including the settlement of cases aris- ers, ranchers and forestry industry, the claims of members of the United States ing from the Pan Am Flight 103 and LaBelle Discothe´que bombings. that we believe they have the ability Armed Forces and other United States citi- and resources to generate 25 percent of zens who were injured in the April 6, 1986, f our energy needs. An that it is in our ´ bombing of the LaBelle Discotheque in Ber- SENATE CONCURRENT RESOLU- lin, Germany, and the claims of family mem- economic and national security inter- bers of the service men and women killed in TION 97—EXPRESSING THE est to do so. that bombing or the resolution of other out- SENSE OF CONGRESS THAT IT IS There are many inherent virtues in standing cases of United States victims of THE GOAL OF THE UNITED producing our own domestic energy terror sponsored or supported by Libya; STATES THAT, NOT LATER THAN from renewable resources. It is good for Whereas, on December 21, 1988, terrorists JANUARY 1, 2025, THE AGRICUL- our environment. It is good for our na- from Libya bombed Pan Am Flight 103 over TURAL, FORESTRY, AND WORK- tional and economic security. It will Lockerbie, Scotland, killing 270 people, in- ING LAND OF THE UNITED provide an economic boost for our rural cluding 189 Americans; STATES SHOULD PROVIDE FROM economies. And perhaps most impor- Whereas, on May 29, 2002, the Government of Libya offered to pay up to $2,700,000,000 to RENEWABLE RESOURCES NOT tantly, it will ensure a stable, secure, settle claims by the families of the 270 peo- LESS THAN 25 PERCENT OF THE domestic supply of affordable energy. ple killed aboard Pan Am Flight 103, rep- TOTAL ENERGY CONSUMED IN Already, our farmers and ranchers resenting $10,000,000 for each victim of the THE UNITED STATES AND CON- are working hard to use their resources Pan Am Flight 103 bombing; TINUE TO PRODUCE SAFE, ABUN- to produce electricity from wind, bio- Whereas, on August 15, 2003, Libya’s Am- DANT, AND AFFORDABLE FOOD, mass and other agricultural wastes. In bassador to the United Nations, Ahmed Own, FEED, AND FIBER addition, corn, soybeans and other submitted a letter to the United Nations Se- crops are being used to produce trans- curity Council formally accepting ‘‘responsi- Mr. GRASSLEY (for himself, Mr. bility for the action of its officials’’ in rela- SALAZAR, Mr. LUGAR, Mr. HARKIN, Mr. portation fuels like ethanol and bio- tion to the Lockerbie bombing; DEWINE, Mr. OBAMA, Mr. HAGEL, Mr. diesel. It is evident that rural America Whereas, on September 12, 2003, the United DORGAN, Mr. COLEMAN, Mr. KERRY, Mr. has the drive to achieve this goal. Nations lifted sanctions against Libya, TALENT, Mr. NELSON of Nebraska, Mr. While this concurrent resolution thereby enabling the first trigger of the THUNE, Ms. CANTWELL, Mr. KOHL, and states our renewable energy goal, it agreement between the Government of Libya Mr. JOHNSON) submitted the following does not prescribe a way to achieve the and the families of the victims of the attack goal. Rather, it recognizes the benefit on Pan Am Flight 103 for a payment of concurrent resolution; which was referred to the Committee on Agri- of implementing supportive policies $4,000,000 per victim that has been paid to the and incentives to stimulate the devel- victims’ families; culture, Nutrition, and Forestry: Whereas, on September 24, 2004, the United Mr. GRASSLEY. Mr. President, I rise opment and use of renewable energy. It States lifted most economic sanctions today to introduce a concurrent resolu- also identifies the benefits of techno- against Libya, thereby enabling the second tion which expresses the goal of the logical improvements to the cost and trigger of the agreement between the Gov- United States to provide 25 percent of market appeal of renewable energy. ernment of Libya and the families of the vic- the Nation’s energy needs from renew- The supporters of this goal commit to tims of the attack on Pan Am Flight 103 for able resources by 2025. I am pleased to support sensible policies and proper in- an additional payment of $4,000,000 per vic- be joined in this effort by Senators centives to work toward the goal. tim that has been paid to the victims’ fami- I am hopeful that my colleagues will lies; SALAZAR, LUGAR, HARKIN, DEWINE and Whereas, on May 15, 2006, Secretary of OBAMA. recognize the importance and timeli- State Condoleezza Rice announced the deter- The goal of this 25 by 25 resolution is ness of this effort, and will consider mination of President George W. Bush to re- quite simple: to replace 25 percent of supporting us in this goal to produce 25 scind the designation of Libya on the list of our total energy needs with renewable percent of our energy needs from re- state sponsors of terrorism, thereby enabling resources like wind, hydropower, solar, newable resources by 2025. the third trigger of the agreement between geothermal, biomass and biofuels by There being no objection, the text of the Government of Libya and the families of 2025. This is a bold goal, but given our the concurrent resolution was ordered the victims of the attack on Pan Am Flight to be printed in the RECORD, as follows: 103 for a final payment of $2,000,000 per vic- current energy situation in the U.S., it tim; is a necessary goal. S. CON. RES. 97 Whereas, on May 15, 2006, Secretary of In the past few years, we have seen Whereas the United States has a quantity State Rice announced the reestablishment of the price of crude oil skyrocket from of renewable energy resources that is suffi- full diplomatic relations with the Govern- $25 a barrel to nearly $75 a barrel. This cient to supply a significant portion of the ment of Libya, ending 26 years of isolation; has caused prices at the pump to esca- energy needs of the United States; and late beyond $3 a gallon. Natural gas, Whereas the agricultural, forestry, and Whereas the agreement between the Gov- used for electricity generation and in- working land of the United States can help ensure a sustainable domestic energy sys- ernment of Libya and the families of the vic- dustrial uses, has hovered above $6 per tims of the attack on Pan Am Flight 103 in- tem; corporated a timeline for payment of the full million BTU’s, while hitting over $15 Whereas accelerated development and use $2,700,000,000 that has not been met even following the devastating hurricanes of renewable energy technologies provide nu- though all of the other conditions for such along the gulf coast. merous benefits to the United States, includ- payment have been satisfied. The impact of these increased prices ing improved national security, improved Now, therefore, be it is being felt around the country by balance of payments, healthier rural econo- Resolved, That it is the sense of the Senate working families, farmers, businesses mies, improved environmental quality, and that— and industries. The increased cost for abundant, reliable, and affordable energy for (1) it remains an important priority for energy at the pump, in home heating all citizens of the United States; further improvement in the relations be- Whereas the production of transportation tween the United States and Libya that the and for industrial uses has the poten- fuels from renewable energy would help the Government of Libya make a good faith ef- tial to jeopardize our economic secu- United States meet rapidly growing domes- fort to resolve all outstanding claims of rity and vitality. tic and global energy demands, reduce the United States victims of terrorism sponsored And, because we are dependent upon dependence of the United States on energy or supported by Libya; foreign countries for over 60 percent of imported from volatile regions of the world

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.078 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5606 CONGRESSIONAL RECORD — SENATE June 7, 2006 that are politically unstable, stabilize the (2) STRATEGY ELEMENTS.—The strategy re- copies of their testimony to the Com- cost and availability of energy, and safe- quired in the report under paragraph (1) shall mittee on Energy and Natural Re- guard the economy and security of the include the following: sources, United States Senate, SD–364 United States; (A) A flexible schedule for redeploying Dirksen Senate Office Building, Wash- Whereas increased energy production from United States forces from Iraq by December domestic renewable resources would attract 31, 2006. ington, DC 20510–6150. substantial new investments in energy infra- (B) The number, size, and character of For further information, please con- structure, create economic growth, develop United States military units needed in Iraq tact Tom Lillie at (202) 224–5161, David new jobs for the citizens of the United after December 31, 2006, for purposes of Szymanski at (202) 224–6293, or Sara States, and increase the income for farm, counterterrorism activities, training Iraqi Zecher at (202) 224–8276. ranch, and forestry jobs in the rural regions security forces, and protecting United States f of the United States; infrastructure and personnel. Whereas increased use of renewable energy (C) A strategy for addressing the regional AUTHORITY FOR COMMITTEES TO is practical and can be cost effective with implications for diplomacy, politics, and de- MEET the implementation of supportive policies velopment of redeploying United States and proper incentives to stimulate markets forces from Iraq by December 31, 2006. COMMITTEE ON AGRICULTURE, NUTRITION, AND and infrastructure; and (D) A strategy for ensuring the safety and FORESTRY Whereas public policies aimed at enhanc- security of United States forces in Iraq dur- Mr. KYL. Mr. President, I ask unani- ing renewable energy production and accel- ing and after the December 31, 2006, redeploy- mous consent that the Committee on erating technological improvements will fur- ment, and a contingency plan for addressing Agriculture, Nutrition and Forestry be ther reduce energy costs over time and in- dramatic changes in security conditions that authorized to conduct a hearing during crease market demand: Now, therefore, be it may require a limited number of United the session of the Senate on Wednesday Resolved by the Senate (the House of Rep- States forces to remain in Iraq after that resentatives concurring), That it is the sense date. June 7, 2006 at 9 a.m. in 329A, Senate of Congress that it is the goal of the United (E) A strategy for redeploying United Russell Office Building. The purpose of States that, not later than January 1, 2025, States forces to effectively engage and de- this committee hearing will be to dis- the agricultural, forestry, and working land feat global terrorist networks that threaten cuss Agricultural Conservation Pro- of the United States should provide from re- the United States. grams. newable resources not less than 25 percent of The PRESIDING OFFICER. Without the total energy consumed in the United SA 4193. Mr. SESSIONS (for Ms. COL- objection, it is so ordered. States and continue to produce safe, abun- LINS) proposed an amendment to the COMMITTEE ON FOREIGN RELATIONS dant, and affordable food, feed, and fiber. bill H.R. 4311, to amend section f 105(b)(3) of the Ethics in Government Mr. KYL. Mr. President, I ask unani- Act of 1978 (5 U.S.C. App.); as follows: mous consent that the Committee on AMENDMENTS SUBMITTED AND Foreign Relations be authorized to PROPOSED Strike all after the enacting clause and in- sert the following: meet during the session of the Senate SA 4192. Mr. FEINGOLD submitted an on Wednesday, June 7, 2006, at 9 a.m. to SECTION 1. PROTECTION OF FAMILY MEMBERS. amendment intended to be proposed by him Section 105(b)(3) of the Ethics in Govern- hold a hearing on Oil Dependence and to the bill S. 2766, to authorize appropria- ment Act of 1978 (5 U.S.C. App.) is amended— Economic Risk. tions for fiscal year 2007 for military activi- (1) in subparagraph (A), by inserting ‘‘or a The PRESIDING OFFICER. Without ties of the Department of Defense, for mili- family member of that individual’’ after objection, it is so ordered. tary construction, and for defense activities ‘‘that individual’’; and of the Department of Energy, to prescribe COMMITTEE ON THE JUDICIARY (2) in subparagraph (B)(i), by inserting ‘‘or personnel strengths for such fiscal year for Mr. KYL. Mr. President, I ask unani- a family member of that individual’’ after the Armed Forces, and for other purposes; ‘‘the report’’. mous consent that the Senate Com- which was ordered to lie on the table. mittee on the Judiciary be authorized SA 4193. Mr. SESSIONS (for Ms. COLLINS) SEC. 2. EXTENSION OF PUBLIC FILING REQUIRE- MENT. to meet to conduct a hearing on proposed an amendment to the bill H.R. 4311, ‘‘S.3274: The Fairness in Asbestos In- to amend section 105(b)(3) of the Ethics in (a) IN GENERAL.—Section 105(b)(3)(E) of the Government Act of 1978 (5 U.S.C. App). Ethics in Government Act of 1978 (5 U.S.C. jury Resolution Act of 2006’’ on App.) is amended by striking ‘‘2005’’ each Wednesday, June 7, 2006 at 9:30 a.m. in f place it appears and inserting ‘‘2007’’. Dirksen Senate Office Building Room TEXT OF AMENDMENTS (b) EFFECTIVE DATE AND APPLICATION.—The 226. amendments made by subsection (a) shall SA 4192. Mr. FEINGOLD submitted take effect as though enacted on December Witness list: an amendment intended to be proposed 31, 2005. Panel I: Governor John Engler, Presi- by him to the bill S. 2766, to authorize f appropriations for fiscal year 2007 for dent, National Association of Manufac- military activities of the Department NOTICE OF HEARING turers, Washington, DC; Peter Ganz, of Defense, for military construction, SUBCOMMITTEE ON NATIONAL PARKS Executive Vice President and General and for defense activities of the De- Mr. THOMAS. Mr. President, I would Counsel, Foster-Wheeler, Clinton, NJ; partment of Energy, to prescribe per- like to announce for the information of Eric Green, Founder, Principal Resolu- sonnel strengths for such fiscal year the Senate and the public that a hear- tions, LLC, Professor, Boston Univer- for the Armed Forces, and for other ing has been scheduled before the Sub- sity, Boston MA; Flora Greene, Na- purposes; which was ordered to lie on committee on National Parks of the tional Spokesperson, Seniors Coalition; the table; as follows: Committee on Energy and Natural Re- Jim Grogan, General President, Inter- At the end of subtitle I of title X, add the sources. national Association of Heat and Frost following: The hearing will be held on Thursday Insulators and Asbestos Workers, SEC. 1084. REDEPLOYMENT OF UNITED STATES June 15, 2006, at 2:30 pm in room SD–366 Latham, MD; Douglas Holtz-Eakin, Di- FORCES FROM IRAQ. of the Dirksen Senate Office Building rector, Council on Foreign Relations, (a) REDEPLOYMENT.—The United States in Washington, DC. Washington, DC; Edmund F. Kelley, shall redeploy United States forces from Iraq The purpose of the hearing is to re- Chairman, Liberty Mutual Insurance by not later than December 31, 2006, while ceive testimony on the National Park Company; Bob Wallace, Executive Di- maintaining in Iraq only the minimal force rector, Veterans of Foreign Wars, necessary for direct participation in targeted Service’s Revised Draft Management counterterrorism activities, training Iraqi Policies, including potential impact of Washington, DC. security forces, and protecting United States the policies on park operations, park The PRESIDING OFFICER. Without infrastructure and personnel. resources, wilderness areas, recreation, objection, it is so ordered. (b) REPORT ON REDEPLOYMENT.— and interaction with gateway commu- SELECT COMMITTEE ON INTELLIGENCE (1) REPORT REQUIRED.—Not later than 30 nities. Mr. KYL. Mr. President, I ask unani- days after the date of the enactment of this Because of the limited time available mous consent that the Select Com- Act, the Secretary of Defense shall, in con- sultation with the Secretary of State, sub- for the hearing, witnesses may testify mittee on Intelligence be authorized to mit to Congress a report that sets forth the by invitation only. However, those meet during the session of the Senate strategy for the redeployment of United wishing to submit written testimony on June 7, 2006 at 2:30 p.m. to hold a States forces from Iraq by December 31, 2006. for the hearing record should send two closed business meeting.

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.081 S07JNPT1 hmoore on PROD1PC68 with HMSENATE June 7, 2006 CONGRESSIONAL RECORD — SENATE S5607 The PRESIDING OFFICER. Without the settlement of cases arising from the Pan (1) it remains an important priority for objection, it is so ordered. Am Flight 103 and LaBelle Discoteque bomb- further improvement in the relations beings. tween the United States and Libya that the SUBCOMMITTEE ON SCIENCE AND SPACE There being no objection, the Senate Government of Libya make a good faith ef- Mr. KYL. Mr. President. I ask unani- proceeded to consider the resolution. fort to resolve all outstanding claims of mous consent that the Senate Com- Mr. SESSIONS. Mr. President, I ask United States victims of terrorism sponsored mittee on Commerce, Science, and unanimous consent that the resolution or supported by Libya; (2) it is in the best interests of the long- Transportation Subcommittee on be agreed to, the preamble be agreed Science and Space be authorized to term relationship between the United States to, and the motion to reconsider be laid and Libya that final payment be made to the meet on Wednesday, June 7, 2006, at upon the table, and that any state- 2:30 p.m. on NASA Budget and Pro- families of the victims of the attack on Pan ments relating to the resolution be Am Flight 103; and grams: Outside Perspectives. printed in the RECORD. (3) the President should not accept the cre- The PRESIDING OFFICER. Without The resolution (S. Res. 504) was dentials of any representative of the Govern- objection, it is so ordered. agreed to. ment of Libya without the expressed under- f The preamble was agreed to. standing that the Government of Libya will The resolution, with its preamble, continue to work in good faith to resolve PRIVILEGES OF THE FLOOR reads as follows: outstanding cases of United States victims of terrorism sponsored or supported by Mr. BAUCUS. Madam President, I S. RES. 504 Libya, including the settlement of cases aris- ask unanimous consent that the fol- Whereas there has not been a resolution of ing from the Pan Am Flight 103 and LaBelle lowing fellows, law clerks, and interns the claims of members of the United States Discothe´que bombings. of the staff of the Finance Committee Armed Forces and other United States citi- f be allowed on the Senate floor for the zens who were injured in the April 6, 1986, ´ duration of the debate on the estate bombing of the LaBelle Discotheque in Ber- TO AMEND SECTION 105(b)(3) OF lin, Germany, and the claims of family mem- THE ETHICS IN GOVERNMENT tax: Tiffany Smith, Laura Kellams, bers of the service men and women killed in Tom Louthan, Christal Edwards, Jo- that bombing or the resolution of other out- ACT OF 1978 seph Adams, and Justin Kraske. standing cases of United States victims of Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. Without terror sponsored or supported by Libya; unanimous consent that the Com- objection, it is so ordered. Whereas, on December 21, 1988, terrorists mittee on Homeland Security and Gov- Mr. ISAKSON. Mr. President, I ask from Libya bombed Pan Am Flight 103 over ernmental Affairs be discharged from unanimous consent that privileges of Lockerbie, Scotland, killing 270 people, including 189 Americans; further consideration of H.R. 4311, and the floor be granted to two members of Whereas, on May 29, 2002, the Government the Senate proceed to its immediate my staff, and they are Bradford Swann of Libya offered to pay up to $2,700,000,000 to consideration. and Captain Gade. settle claims by the families of the 270 peo- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ple killed aboard Pan Am Flight 103, rep- objection, it is so ordered. The clerk objection, it is so ordered. resenting $10,000,000 for each victim of the will report the bill by title. Mr. CRAIG. Mr. President, I ask Pan Am Flight 103 bombing; The assistant legislative clerk read unanimous consent that Pele Peacock, Whereas, on August 15, 2003, Libya’s Am- bassador to the United Nations, Ahmed Own, as follows: a law clerk in my office, be granted the submitted a letter to the United Nations Se- A bill (H.R. 4311) to amend section 105(b)(3) privilege of the floor for the duration curity Council formally accepting ‘‘responsi- of the Ethics in Government Act of 1978 (5 of the debate regarding the Native Ha- bility for the action of its officials’’ in rela- U.S.C. App). waiians legislation. tion to the Lockerbie bombing; There being no objection, the Senate The PRESIDING OFFICER. Without Whereas, on September 12, 2003, the United proceeded to consider the bill. objection, it is so ordered. Nations lifted sanctions against Libya, Mr. LEAHY. Mr. President, today by thereby enabling the first trigger of the Mr. CORNYN. I ask unanimous con- amending and passing H.R. 4311, we sent a law clerk on my staff, Sam agreement between the Government of Libya and the families of the victims of the attack make another attempt to extend crit- Burk, be granted floor privileges for on Pan Am Flight 103 for a payment of ical protections needed to keep the Na- the duration of the debate on S. 147. $4,000,000 per victim that has been paid to the tion’s Federal judges and their families The PRESIDING OFFICER. Without victims’ families; safe. Last November, the Senate passed objection, it is so ordered. Whereas, on September 24, 2004, the United S. 1558, which extended for 4 years the Mr. SESSIONS. Mr. President, I ask States lifted most economic sanctions ‘‘sunset’’ of a provision granting the unanimous consent that my budget fel- against Libya, thereby enabling the second Judicial Conference of the United trigger of the agreement between the Gov- low, Dr. Andrew Barrett, be granted States the authority to redact informa- the privilege of the floor for the dura- ernment of Libya and the families of the victims of the attack on Pan Am Flight 103 for tion from a judge’s mandatory finan- tion of the death tax debate. an additional payment of $4,000,000 per vic- cial disclosure in circumstances in The PRESIDING OFFICER. Without tim that has been paid to the victims’ fami- which it is determined that the release objection, it is so ordered. lies; of the information could endanger the f Whereas, on May 15, 2006, Secretary of filer or the filer’s family. This provi- State Condoleezza Rice announced the deter- sion was first enacted in the ‘‘Identity CONDITIONAL ACCEPTANCE OF mination of President George W. Bush to re- Theft and Assumption Deterrence Act LIBYAN CREDENTIALS scind the designation of Libya on the list of of 1998’’ and extended for 4 years in Mr. SESSIONS. Mr. President, I ask state sponsors of terrorism, thereby enabling the third trigger of the agreement between 2001. Chairman SPECTER and I worked unanimous consent that the Senate the Government of Libya and the families of with Senators COLLINS and LIEBERMAN proceed to the immediate consider- the victims of the attack on Pan Am Flight to amend S. 1558 to again include a 4- ation of S. Res. 504 submitted earlier 103 for a final payment of $2,000,000 per vic- year ‘‘sunset’’ and also to extend its today. tim; protections to the family members of The PRESIDING OFFICER. The Whereas, on May 15, 2006, Secretary of filers. clerk will report the resolution by State Rice announced the reestablishment of Like the more comprehensive court full diplomatic relations with the Govern- title. security measure Chairman SPECTER The assistant legislative clerk read ment of Libya, ending 26 years of isolation; and and I have introduced, S. 1968, the as follows: Whereas the agreement between the Gov- ‘‘Court Security Improvement Act of A resolution (S. Res. 504) expressing the ernment of Libya and the families of the vic- 2005, CSIA, from which it is drawn, S. sense of the Senate that the President tims of the attack on Pan Am Flight 103 in- 1558 provides judges and their families should not accept the credentials of any rep- corporated a timeline for payment of the full with needed security by extending the resentative of the Government of Libya $2,700,000,000 that has not been met even judges’ redaction authority without without the expressed understanding that though all of the other conditions for such interruption and expanding it to their the Government of Libya will continue to payment have been satisfied. work in good faith to resolve outstanding Now, therefore, be it families. It also strikes the right bal- cases of United States victims of terrorism Resolved, That it is the sense of the Senate ance with the need for continuing con- sponsored or supported by Libya, including that— gressional oversight to prevent the

VerDate Aug 31 2005 04:52 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.090 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5608 CONGRESSIONAL RECORD — SENATE June 7, 2006 misuse of this redaction authority, (Purpose: To amend the Ethics in Govern- PROGRAM which has been a matter of some con- ment Act of 1978 to protect family members of filers from disclosing sensitive in- Mr. SESSIONS. Mr. President, we cern to me. I appreciate that the Judi- formation in a public filing and to extend have had a full day debating the mo- cial Conference is seeking to improve the authority to redact financial disclosure tions to proceed to the death tax relief its practices and the Senate passed S. statements of judicial employees and judi- bill and the Native Hawaiian bill. To- 1558 because none of us wants to see cial officers) morrow morning, at approximately judges or their families endangered. Strike all after the enacting clause and in- 10:45, we will have a cloture vote on the sert the following: motion to proceed to the death tax re- However, the House failed to take up SECTION 1. PROTECTION OF FAMILY MEMBERS. lief bill, and at 12:45 we will have a clo- and pass S. 1558 before the end of the Section 105(b)(3) of the Ethics in Govern- ture vote on the motion to proceed to session. As I said last December, I was ment Act of 1978 (5 U.S.C. App.) is amended— the Native Hawaiian bill. We have sev- disappointed at this failure, which al- (1) in subparagraph (A), by inserting ‘‘or a eral nominations to address before the lowed redaction authority to lapse at family member of that individual’’ after end of the week. These include several ‘‘that individual’’; and the end of last year. Instead, the House (2) in subparagraph (B)(i), by inserting ‘‘or judicial nominations, as well as Susan passed a separate bill, H.R. 4311, which a family member of that individual’’ after Schwab to be United States Trade Rep- would make redaction authority per- ‘‘the report’’. resentative, and Richard Stickler to be manent and which fails to extend it to SEC. 2. EXTENSION OF PUBLIC FILING REQUIRE- the Assistant Secretary of Labor for cover family members of filers. As MENT. Mine Safety and Health. We hope to (a) IN GENERAL.—Section 105(b)(3)(E) of the vote tomorrow afternoon on the passed by the House, H.R. 4311 would Ethics in Government Act of 1978 (5 U.S.C. Schwab nomination and four district remove Congress’ critical role pro- App.) is amended by striking ‘‘2005’’ each judges. viding oversight over the use of this ex- place it appears and inserting ‘‘2007’’. Following these votes, the schedule (b) EFFECTIVE DATE AND APPLICATION.—The traordinary authority to redact finan- for the remainder of the afternoon will cial disclosure forms. As amended and amendments made by subsection (a) shall take effect as though enacted on December be dependent on the outcome of the passed today, H.R. 4311 restores the 31, 2005. cloture votes on the motions to pro- proper balance while extending the re- The PRESIDING OFFICER. The ceed to the death tax relief bill and the daction authority, retroactive to its question is on the engrossment of the Native Hawaiian bill. Moments ago, expiration last December, until Decem- amendment and third reading of the cloture was filed on the Stickler nomi- ber 31, 2007. It also makes protection of bill. nation. Therefore, Senators can expect judges’ family members explicit. The amendment was ordered to be to have a cloture vote on Friday unless we work out an agreement to vote at I hope that the House will join us engrossed, and the bill to be read a third time. an earlier time. without delay both in extending the re- The bill (H.R. 4311), as amended, was f daction authority and in expanding the read the third time, and passed. scope of its protections to include fam- ADJOURNMENT UNTIL 9:30 A.M. ily members, so that we can continue f TOMORROW to protect the dedicated women and ORDERS FOR THURSDAY, JUNE 8, Mr. SESSIONS. Mr. President, if men throughout the Judiciary in this 2006 there is no further business to come be- country who do a tremendous job under Mr. SESSIONS. On behalf of the lead- fore the Senate, I ask unanimous con- challenging circumstances. er, I ask unanimous consent that when sent the Senate stand in adjournment under the previous order. Mr. SESSIONS. I ask unanimous con- the Senate completes its business There being no objection, the Senate, sent that the amendment at the desk today, it stand in adjournment until 9:30 a.m. on Thursday, June 8. I further at 8:06 p.m., adjourned until Thursday, be agreed to, the bill as amended be June 8, 2006, at 9:30 a.m. read a third time and passed, the mo- ask that following the prayer and pledge, the morning hour be deemed f tion to reconsider be laid upon the expired, the Journal of proceedings be table, and any statement relating to NOMINATIONS approved to date, the time for the two the measure be printed in the RECORD. leaders be reserved, and the Senate re- Executive nomination received by The PRESIDING OFFICER. Without sume consideration of the motion to the Senate June 7, 2006: objection, it is so ordered. proceed to H.R. 8, the death tax relief THE JUDICIARY The amendment (No. 4193) was agreed bill, as under the previous order. GREGORY KENT FRIZZEL, OF OKLAHOMA, TO BE The PRESIDING OFFICER. Without UNITED STATES DISTRICT JUDGE FOR THE NORTHERN to, as follows: DISTRICT OF OKLAHOMA, VICE SVEN E. HOLMES, RE- objection, it is so ordered. SIGNED.

VerDate Aug 31 2005 04:02 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4624 Sfmt 9801 E:\CR\FM\A07JN6.060 S07JNPT1 hmoore on PROD1PC68 with HMSENATE