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

Vol. 151 WASHINGTON, TUESDAY, SEPTEMBER 6, 2005 No. 109 House of Representatives The House met at 2 p.m. MESSAGE FROM THE SENATE THE LOUISIANA-TEXAS The Chaplain, the Reverend Daniel P. A message from the Senate by Ms. CONNECTION Coughlin, offered the following prayer: Curtis, one of its clerks, announced (Mr. POE asked and was given per- As Members assemble for this fall that the Senate has passed with an mission to address the House for 1 session of the 109th Congress, Lord amendment in which the concurrence minute.) God, we ask for Your blessing upon all of the House is requested, a bill of the Mr. POE. Mr. Speaker, in 1836 Texans who serve as Members or staff in the House of the following title: were in desperate need and fighting for House of Representatives. Invigorate H.R. 3199. An act to extend and modify au- freedom and independence from Mex- them, Lord, with health and clarity of thorities needed to combat terrorism, and ico. Hundreds of men from Louisiana conscience, that in and through them for other purposes. joined to help Texas in this struggle Your holy will be accomplished. The message also announced that the and time of need. Among them were As true representatives of the people, Senate insists upon its amendment to Jim Bowie, hero of the Alamo; and vol- enable Members to undertake the task the bill (H.R. 3199) ‘‘An Act to extend unteer soldiers forming a unit known of addressing the Nation’s greatest nat- and modify authorities needed to com- as the New Orleans Greys helped in ural disaster in history and whatever bat terrorism, and for other purposes,’’ this endeavor. These brave men came else You ask of them with care, imagi- requests a conference with the House to Texas’ aid to fight against the op- nation and deep commitment. on the disagreeing votes of the two pression of the dictator Santa Anna. May all the work accomplished in Houses thereon, and appoints Mr. SPEC- They fought and died at the Alamo, this Chamber be blessed by You and be TER, Mr. HATCH, Mr. KYL, Mr. DEWINE, Goliad and San Jacinto. perceived as a blessing by the people of Mr. SESSIONS, Mr. ROBERTS, Mr. LEAHY, Today, 170 years later, it is the peo- this Nation and the world community. Mr. KENNEDY, Mr. ROCKFELLER and Mr. ple of Louisiana who are in desperate May all laws be just, inclusive and far- LEVIN, to be the conferees on the part need in their struggle against the op- reaching both in vision and effective- of the Senate. pression caused by Hurricane Katrina. ness. The message also announced that the There are approximately 200,000 people May Your people hold this noble in- Senate has passed bills of the following from Louisiana now in Texas because stitution in high esteem and give You, titles in which concurrence of the of Katrina. Almighty God, glory and praise now House is requested: Mr. Speaker, just as the people of and forever. Amen. Louisiana came to Texas’ aid those S. 172. An act to amend the Federal Food, many years ago, so will Texans come f Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical to theirs. We along with other Ameri- THE JOURNAL devices, and for other purposes. cans will join the people of Louisiana until they are able to be free from the The SPEAKER. The Chair has exam- S. 397. An act to prohibit civil liability ac- tions from being brought or continued effects of Hurricane Katrina and re- ined the Journal of the last day’s pro- against manufacturers, distributors, dealers, build their great city of New Orleans. ceedings and announces to the House or importers of firearms or ammunition for It is what good Americans, good neigh- his approval thereof. damages, injunctive or other relief resulting bors, good Southerners, and good Tex- Pursuant to clause 1, rule I, the Jour- from the misuse of their products by others. ans do. nal stands approved. S. 501. An act to provide a site for the Na- tional Women’s History Museum in the Dis- f f trict of Columbia. HURRICANE KATRINA PLEDGE OF ALLEGIANCE f (Mr. MORAN of Virginia asked and The SPEAKER. Will the gentleman ANNOUNCEMENT BY THE SPEAKER was given permission to address the from South Carolina (Mr. WILSON) The SPEAKER. Pursuant to clause 1 House for 1 minute and to revise and come forward and lead the House in the of rule I, the Speaker signed the fol- extend his remarks.) Pledge of Allegiance. lowing enrolled bill on Friday, Sep- Mr. MORAN of Virginia. Mr. Speak- Mr. WILSON of South Carolina led tember 2, 2005: er, our Nation failed its people last week. There was a violation of the the Pledge of Allegiance as follows: H.R. 3645, making emergency supplemental I pledge allegiance to the Flag of the appropriations to meet immediate needs trust that the American people have a United States of America, and to the Repub- arising from the consequences of Hurricane right to vest in their government. The lic for which it stands, one nation under God, Katrina, for the fiscal year ending Sep- importance of that trust cannot be indivisible, with liberty and justice for all. tember 30, 2005, and for other purposes. overstated. It is why we let our sons

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

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VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.000 H06SEPT1 H7648 CONGRESSIONAL RECORD — HOUSE September 6, 2005 and daughters go to foreign lands to most, my sincere sympathy for the vic- nation to the American Red Cross, the fight wars. It is why we pay our taxes. tims of Hurricane Katrina. The people Salvation Army and other charitable It is why we obey official laws and or- of Louisiana, Mississippi, and Alabama organizations will help provide the re- ders. are dealing with a catastrophic event; sources necessary for these people to But last week this trust was and they deserve whatever it takes survive. breached. Whether it is because we are from the Federal Government. The Again, I extend my thoughts and not used to seeing poverty so visible or mismanagement of the Federal re- prayers to the victims of this hurricane the results of institutional racism so sponse to this disaster is beyond com- and their loved ones. May God bless stark or because of just pure incom- prehension. The victims and the rest of you all. petence, it was criminal to abandon America deserve answers to their ques- f thousands and thousands of men and tions, not excuses, because there is no NATIONAL EMERGENCY MANAGE- women, mothers and children and excuse for the slow Federal reaction. MENT RESTORATION AND IM- grandparents to rot in the squalor of There is no excuse for the lack of pre- PROVEMENT ACT complete government neglect. There paredness. There is no excuse for this has to be an immediate, rigorous and absence of leadership. (Mr. DINGELL asked and was given harsh determination of accountability Why were Federal funding requests permission to address the House for 1 for this criminal neglect. by Louisiana for flood control peren- minute and to revise and extend his re- But there must also be a response nially denied? Why was the New Orle- marks.) worthy of a great and prosperous and ans district of the U.S. Army Corps of Mr. DINGELL. Mr. Speaker, we con- noble Nation. A person of the caliber of Engineers budget for levee construc- front a hideous problem in this Nation. a Colin Powell, perhaps, must be given tion slashed by a record $72 million? People are dying. People are dead. And singular authority and responsibility Why was the head of FEMA, Michael people need help. The hospitals are full to resettle when necessary, to rebuild Brown, hired despite having zero back- and nonfunctioning, and the suffering where possible, and to return eventu- ground in disaster management and is tremendous all across the southern ally New Orleans to its status as one of was actually fired from his previous job part of the United States. America’s great cities. The people of for mismanagement? The first task we have is to assure New Orleans are asking for no more It is clear now that we need to re- that we take care of the people, and we and the American people should de- vamp FEMA, and that starts with fir- resolve the problems of seeing to it mand no less. ing Michael Brown as director who has that their suffering is ended and that f been an absolute embarrassment. Lou- the rebuilding begins. But while we are HOPE FROM HURRICANE KATRINA isiana Governor Blanco has hired doing that, we can commence looking at one thing, and that is the structure (Mr. WILSON of South Carolina former FEMA director James Lee Witt of the Federal Government to address asked and was given permission to ad- to direct Katrina recovery efforts. I en- problems of these kinds. dress the House for 1 minute and to re- courage President Bush to follow Gov- At the time we passed the Homeland vise and extend his remarks.) ernor Blanco’s lead and to hire some- Mr. WILSON of South Carolina. Mr. one new, this time based on qualifica- Security legislation, it was very plain Speaker, throughout the past week, tions, not political patronage. that inserting FEMA into the Depart- Americans have watched scenes of dev- Mr. Speaker, the U.S. Government ment of Homeland Security was a pro- astation that we never imagined would needs to get the best people possible digious mistake. Events in the south- occur in our country. Lives have been working on the rescue, recovery, and ern United States associated with Hur- lost, families have been separated, and rebuilding efforts. Anything less is un- ricane Katrina have proved that to be communities have been demolished in acceptable. so. I am introducing at an early time the wake of Hurricane Katrina. As res- f cue workers search for survivors and legislation which sees to it that FEMA permanent shelter for evacuees, the se- b 1415 becomes an independent agency, with the head reporting directly to the verity of this disaster continues to ENCOURAGING CONTRIBUTIONS TO President of the United States, whose shock all Americans. CHARITABLE ORGANIZATIONS responsibility will be set out in statute As a former National Guard liaison FOR VICTIMS OF HURRICANE and whose qualifications and that of to the Governor’s office during hurri- KATRINA canes in South Carolina, I see that our his two principal assistants, also sub- (Ms. FOXX asked and was given per- Nation grows more hopeful every day. ject to confirmation by the Senate, mission to address the House for 1 Federal, State, and local officials are will have to meet certain tests, and minute.) working together to save lives, deliver that is the need to show ability and ex- Ms. FOXX. Mr. Speaker, I rise today relief and restore order in Louisiana, perience in areas of emergency man- to express my heartfelt condolences to Mississippi, Alabama, and Florida. agement. Only by doing this can we as- the victims of Hurricane Katrina. My Last Friday, Congress passed a $10.5 sure that the kind of misfortune and thoughts and prayers are with those billion emergency relief package to im- the kind of open criticism that has oc- who suffered through the storm and mediately help American families. curred in the United States of FEMA Across our country, Americans are continue to suffer through its after- and our efforts to help people in the opening up their homes and their math. I especially pray for those who southern United States will not occur checkbooks to help their neighbors. I have lost loved ones and hope they can on a regular basis. would like to encourage South Caro- find some comfort in this time of dis- Mr. Speaker, FEMA was an out- linians to join this effort by contacting tress. standing Federal agency directing its the Red Cross at www.redcross.org or I commend the many volunteers, attentions to the cure of massive prob- by calling 1–800–HELP-NOW. Now more health care workers, law enforcement lems that followed catastrophes, things than ever, Americans must do what we officials and military personnel who like hurricanes, fires and earthquakes. do best: help each other. have been working selflessly around We need to see to it that that wonder- In conclusion, God bless our troops, the clock to help those who have been ful reputation is restored by proper and we will never forget September 11. devastated by this hurricane. structuring of the agency. I hope that my constituents in North f f Carolina’s Fifth Congressional District HURRICANE KATRINA and other Americans will join me in AMERICAN CAN-DO SPIRIT WILL WORK FOR HURRICANE KATRINA (Mr. MCGOVERN asked and was making a contribution to a charitable given permission to address the House organization. The outpouring of gen- VICTIMS for 1 minute and to revise and extend erosity and support from our commu- (Mr. DREIER asked and was given his remarks.) nities has been amazing, but we must permission to address the House for 1 Mr. MCGOVERN. Mr. Speaker, I am do more. The people affected by this minute and to revise and extend his re- here today to express, first and fore- storm need our help right away. A do- marks.)

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.002 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7649 Mr. DREIER. Mr. Speaker, this Sun- covery. I call on all Americans, espe- lutely unprecedented in my experience day marks the fourth anniversary of cially those in positions of influence, in medicine. In my own district in one of the most tragic days in our Na- to work positively and constructively north Texas, from Gainesville to Den- tion’s history: September 11th of 2001. to solve our current challenge. Any- ton to Keller, to the City of Fort We all know what happened following thing less does a disservice to all Worth, shelters have been set up, some- that tragic day. We came together, Americans and, ultimately, our viabil- times at a church, sometimes at a sum- Democrats and Republicans, focusing ity as a free and a democratic society. mer camp, sometimes at an old hos- on ways in which we could deal with f pital, but these centers have provided the crisis of terrorist attacks on our the shelter and the comfort to the vic- BUSH ADMINISTRATION BEGINS soil. tims of this devastating hurricane. And DAMAGE CONTROL SPIN OPER- We all know what has happened since hopefully, we will get them back on ATION that time. We just last week saw what their way, get them the help they need our Chaplain very appropriately de- (Mr. GEORGE MILLER of California and allow them to rebuild their lives. scribed as the worst natural disaster in asked and was given permission to ad- Mr. Speaker, I again want to thank our Nation’s history, and I believe now dress the House for 1 minute.) the people of the great State of Texas it is absolutely essential that we do all Mr. GEORGE MILLER of California. for all that they have done to help we can to come together to make sure Mr. Speaker, I rise to express my sup- their neighbors in Louisiana. port for the people affected and harmed that we face that number-one priority f of meeting the human need that is by Hurricane Katrina and to pledge my HURRICANE KATRINA EXPOSES there. total support for their aid and recov- This Congress is going to do every- ery. There is so much to be done to FAILURE OF FEDERAL POLICIES thing we possibly can to ensure that help the people on the ground, and (Ms. MCCOLLUM of Minnesota asked our fellow Americans are comforted. there is so much to do in Washington and was given permission to address Then, we need to focus on rebuilding. to scrutinize and improve Federal pol- the House for 1 minute.) Mr. Speaker, I have to tell my col- icy regarding disaster prevention and Ms. MCCOLLUM of Minnesota. Mr. leagues, in 1994, we had a tragic earth- response, and we must undertake that Speaker, Hurricane Katrina has in- quake in Los Angeles, the Northridge review and those efforts. flicted destruction, suffering and death But I am also deeply frustrated and earthquake, and we, at that time, saw on our Nation. The people of Mis- angry by the Bush administration’s the crumbling of I–10, the same inter- sissippi and Louisiana have our pray- failed response to this tragedy and its state that runs into New Orleans. I ers, and they deserve our Nation’s full failure to take responsibility for its have a piece of it right here from just support. Our gratitude also goes out to own mistakes. According to the New over La Cienega Boulevard. When it the relief workers, law enforcement York Times, the administration, led by collapsed, the most traversed freeway and military personnel who are help- Karl Rove, has begun a political dam- ing, healing and saving lives. in the country, a quarter of a million age control operation to blame the Now, as one Nation, Congress must cars a day go over it, they said it could local officials in Louisiana, the Gov- act to provide the necessary relief, take up to 2 years to rebuild that free- ernor and the Mayor of the City of New shelter, jobs, schools and hope our fel- way. By incentivizing the contractor Orleans, for the Federal Government’s low citizens need to restart their lives. and reducing the regulatory burden, failures. within 66 days, the Santa Monica Free- No one can undo the damage that has This is a long-term commitment, and way was moving again. been done, and I wish we could. We these families must not be left behind. We need to use this same can-do spir- should be putting our efforts into help- Katrina exposed the Federal policies it to do exactly what Governor Haley ing these people and repairing that that have neglected and abandoned our Barbour said. He said, We will build the damage. I wish the administration Nation’s poor, elderly and disabled. Gulf Coast bigger and better than it would have put as much energy into an Congress must address these shameful ever has been. early and timely response, an effective failures of the Federal Government’s f response to Hurricane Katrina, as the pathetic emergency response that left thousands of Americans vulnerable, ex- AMERICAN SPIRIT energy they are putting in now to de- veloping a political strategy to under- posed and abandoned. (Mr. PRICE of Georgia asked and was mine the local officials who have suf- The American people and Katrina’s given permission to address the House fered so much in their own commu- victims deserve action and answers, for 1 minute.) nities. and Congress has the obligation to de- Mr. PRICE of Georgia. Mr. Speaker, liver both. f as we return from our district work pe- f riod, at the forefront of all of us is the THANKING THE PEOPLE OF TEXAS catastrophe of Hurricane Katrina FOR THEIR EFFORTS IN PRO- WORKING TOGETHER TO FIX which literally turned our Nation up- VIDING RELIEF TO THE VICTIMS WHAT IS WRONG side down. OF HURRICANE KATRINA (Mr. STEARNS asked and was given In my district on the north side of (Mr. BURGESS asked and was given permission to address the House for 1 Atlanta, I am so proud of the work that permission to address the House for 1 minute and to revise and extend his re- has been done to provide relief support minute and to revise and extend his re- marks.) for those directly affected by the marks.) Mr. STEARNS. Mr. Speaker, we have storm, the largest natural disaster in Mr. BURGESS. Mr. Speaker, I want- all seen the horrors left in the wake of our Nation’s history. Local towns are ed to take this minute and thank the Hurricane Katrina over the past week. sending not just money and goods but people of my home State of Texas for Yet, in the midst of this chaos and de- personnel from fire and police depart- opening their hearts and opening their struction, the American people, once ments. Our local Red Cross has acti- State to their neighbors in Louisiana. again, demonstrated their compassion vated shelters to help evacuees find Almost a quarter of a million residents for those left with nothing. The Amer- relatives and get back on their feet. from the State of Louisiana are now ican people and people from all over These are Americans helping Ameri- seeking shelter in the State of Texas. the world have opened not only their cans. The American can-do spirit is In my district in north Texas, truly wallets, but also their homes, cities alive and well and strong. an unbelievable story has unfolded. and schools. This compassion has not But most disheartening has been the The Dallas County Medical Society been limited to Americans alone. Over vicious, personal attacks against some sent out a fax last week to 3,600 doctors 70 countries have offered their assist- who are trying their hardest to help and their membership; 800 members im- ance as well. folks recover, attacks that have even mediately sent back the response: Now, a great deal of criticism has come from supposed leaders in our Na- Where do I show up and when? been leveled against the Federal Gov- tion. These statements and their tone That group put together a response ernment’s response, and much of it are harmful to our Nation and our re- for the hurricane victims that is abso- may be deserved. But there is also a

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.004 H06SEPT1 H7650 CONGRESSIONAL RECORD — HOUSE September 6, 2005 level of criticism due to local and b 1430 Resolved, That the House of Representa- State governments, too. Allowing New tives— It is terrible enough when a murder (1) recognizes the 60th anniversary of V–J Orleans to turn into something out of occurs, but to have it happen by some- the Wild West where anarchy reins is Day and the end of World War II in the Pa- one who should not have been here cific theater; inexcusable, and all levels of govern- adds to the despair. This is an example (2) joins with a grateful Nation in express- ment need to see what was done wrong. of what happens far too often in our ing respect and appreciation to the members In the meantime, we must work to- country. When police had Padilla in of the United States Armed Forces who gether to ensure that the necessary re- custody during these arrests, they con- served in the Pacific theater during World sources are available. tacted the Immigration and Customs War II; and (3) remembers and honors those Americans f Enforcement. ICE did nothing and they who made the ultimate sacrifice and gave ENCOURAGING SIMPLIFIED FORM have no answers to this day. Three their lives for their country during the cam- FOR VICTIMS OF HURRICANE murders could have been prevented. It paigns in the Pacific theater during World KATRINA is outrageous for Padilla to go unno- War II. ticed by ICE for so long, especially (Mr. BROWN of Ohio asked and was The SPEAKER pro tempore. Pursu- with prior arrests. It is hard enough to given permission to address the House ant to the rule, the gentleman from find illegal aliens, but when they are for 1 minute.) New Jersey (Mr. SMITH) and the gen- handed over to Federal authorities, ac- Mr. BROWN of Ohio. Mr. Speaker, tleman from Kentucky (Mr. CHANDLER) tion needs to be taken. our hearts go out to all who have suf- each will control 20 minutes. fered the tragedy of Hurricane Katrina. f The Chair recognizes the gentleman Our hearts also go out to those who ANNOUNCEMENT BY THE SPEAKER from New Jersey (Mr. SMITH). have suffered the tragedy of a failed PRO TEMPORE GENERAL LEAVE Mr. SMITH of New Jersey. Mr. Federal Government in coming to their The SPEAKER pro tempore (Mr. aid in saving people’s lives. Speaker, I ask unanimous consent that BOOZMAN). Pursuant to clause 8 of rule I ask my friends on the other side of all Members may have 5 legislative XX, the Chair will postpone further the aisle to step back for a minute, to days within which to revise and extend proceedings today on motions to sus- stop their campaign out of the White their remarks and include extraneous pend the rules on which a recorded vote House blaming local and State officials material on the resolution under con- or the yeas and nays are ordered, or on for their role in this tragedy. I also ask sideration. which the vote is objected to under my friends on the other side of the The SPEAKER pro tempore. Is there clause 6 of rule XX. aisle to step back from their mission to objection to the request of the gen- Record votes on postponed questions cut Medicaid $10 billion, that they step tleman from New Jersey? will be taken after 6:30 p.m. today. back from their drive to cut taxes for There was no objection. the wealthiest 1 percent of people in f Mr. SMITH of New Jersey. Mr. this country; because instead of those COMMEMORATING THE 60TH ANNI- Speaker, I yield myself such time as I tax cuts for the wealthy, instead of VERSARY OF V–J DAY AND THE may consume. cutting Medicaid $10 billion, this Con- END OF WORLD WAR II IN THE I would like to begin by thanking the gress should, first of all, adopt legisla- PACIFIC gentleman from Florida (Mr. STEARNS), my good friend and colleague, for au- tion that anybody in need of disaster- Mr. SMITH of New Jersey. Mr. thoring this resolution. The gentleman related assistance should only have to Speaker, I move to suspend the rules is a Member who is considerably fill a single form out for Medicaid, if and agree to the resolution (H. Res. schooled in the Far East and knows they have lost their job, for TANF, for 360) commemorating the 60th anniver- well the effects which the war in the unemployment insurance, for food sary of V–J Day and the end of World Pacific had, not only on Japan, but on stamps. The simplified form, instead of War II in the Pacific. other nations in the region. the bureaucracy we know they will The Clerk read as follows: deal with, could be used to determine The gentleman from Florida is also a H. RES. 360 eligibility for all Federal programs for senior member of the House Committee a 90-day period, just showing you have Whereas the United States entered the on Veterans’ Affairs, and I know that Second World War in December 1941, fol- lost your job because of Hurricane he has been a leader in ensuring that lowing the Japanese attack on Pearl Harbor, no veteran is ever left behind. He is Katrina, and then they could be helped. and over the next four years Americans par- f ticipated in what was arguably the greatest also the author of the Millennium national endeavor in the Nation’s history; Health Care Act, which puts a special IMMIGRATION PROBLEM IS MORE Whereas the casualty toll of Americans in emphasis on providing long-term ALARMING THAN EVER the Pacific Theater during World War II was health care, especially to our World (Mr. SHUSTER asked and was given approximately 92,904 killed, 208,333 wounded, War II veterans. So it is very fitting, I permission to address the House for 1 and tens of thousands missing in action and think, that the gentleman from Florida prisoners of war, with civilians and military minute.) (Mr. STEARNS) is the author of this res- forces of the Allied Powers suffering equally olution, and I thank the gentleman for Mr. SHUSTER. Mr. Speaker, I rise devastating tolls; today because America’s immigration Whereas Japanese military forces and the introducing it. problem has grown to be even more Japanese civilian population also suffered Mr. Speaker, H. Res. 360 is a resolu- alarming to me than it was just 2 staggering losses; tion that recognizes the 60th anniver- weeks ago. Three men were killed in Whereas on August 15, 1945, Emperor Hiro- sary of victory in the Pacific during Altoona, Pennsylvania, by an illegal hito of Japan announced the unconditional World War II, V–J Day. alien who should have been deported surrender of Japan’s military forces, made Mr. Speaker, 60 years ago the guns years ago. formal on September 2, 1945, aboard the fell silent and the world was able to Miguel Padilla, the alleged killer, U.S.S. Missouri in Tokyo Bay, Japan; thus begin the process of, paraphrasing ending the most devastating war in human has been living in central Pennsylvania history; Abraham Lincoln at Gettysburg when for 15 years. He has a driver’s license, a Whereas Japan is now a free and pros- he said, we will bind up our Nation’s registered car. He graduated from a perous democracy, a valued, durable friend wounds when we begin the very dif- Pennsylvania high school and has been based on shared values and mutual interests, ficult and arduous process of binding arrested twice for assault with a knife and a guarantor against despotism and op- up the world’s wounds. The loss of life and illegal possession of a gun, all after pression in that area of the world; and was indeed staggering; the process of entering the U.S. illegally. Whereas the courage and sacrifice of the rebuilding seemingly insurmountable. Al Mignogna, a beloved local busi- members of the United States Armed Forces But just as Americans had rallied in and of the military forces of the Allied Pow- nessman; Fred Rickabaugh; and Ste- ers who served valiantly to rescue the Pa- war, Americans rallied in peace as well. phen Heiss, a Marine veteran, were cific nations from tyranny and aggression This resolution reiterates the simple, killed in cold blood by Padilla last should always be remembered: Now, there- but very powerful, message that our week. fore, be it Nation honors and deeply appreciates

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.006 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7651 the men and women who served in the fected by World War II, and most by zens of Louisiana, Mississippi, and Ala- Pacific Theatre during World War II, the Pacific Theatre in World War II. bama survive and recover from the dev- and we especially remember and pay My grandfather had the honor to astation that they are enduring. tribute to those Americans who made serve on the Military Affairs Com- I fully support the emergency appro- the ultimate sacrifice for our country. mittee of the United States Senate priations that this House passed last Mr. Speaker, we take this oppor- during World War II; and during that week. And I and the people of Ken- tunity to honor those individuals who service on the Military Affairs Com- tucky stand ready to not only help the gave their lives in the Pacific Theatre mittee, he spent time in the Pacific veterans but also every U.S. citizen af- and thank all veterans of World War II. Theatre meeting with such American fected by this devastating natural dis- During the war, several million mem- heroes as General Douglas MacArthur aster. bers of the United States Armed Forces and General Joseph Stillwell to discuss Mr. Speaker, we are supremely proud fought in the Pacific, including the allied war strategy. He said that he of our heroes of the Pacific Theatre in chairman of the International Rela- was never more proud than he was of World War II. And I proudly support tions Committee, our distinguished our soldiers in the Pacific Theatre be- this resolution. I urge all of my col- friend and colleague, the gentleman cause they gave everything that they leagues to support this resolution. from Illinois (Mr. HYDE). This was one had. Mr. Speaker, I reserve the balance of of the largest military forces ever com- The liberation of much of Eastern my time. Mr. SMITH of New Jersey. Mr. mitted by the U.S. in any theatre of Asia and the eventual victory of allied Speaker, I yield such time as he may operation. forces in the war on the Pacific now I would also briefly pay tribute to my seems to have been predetermined. Yet consume to the author of the resolu- tion, my distinguished friend and col- own late father, who saw horrific com- it was anything but decided during league from Florida (Mr. STEARNS). bat starting in New Guinea and ending that important moment in global his- Mr. STEARNS. Mr. Speaker, I thank in the Philippines. My dad was tough tory. the gentleman from New Jersey (Mr. as nails but had a very gentle heart, Mr. Speaker, I have the greatest re- SMITH), my distinguished colleague, spect and admiration for the sacrifices and he was like so many of those com- the former chairman of the Committee of American soldiers, many of whom bat veterans that I have met over the on Veterans’ Affairs. And like his fa- many years who absolutely hated war, gave their lives in this epic battle ther, the gentleman is as tough as but felt it was his duty to defend free- against the forces of fascism. There are nails, also with a gentle heart. And I dom and to defend America. millions of citizens in the Asia-Pacific think most of our people on the Com- This resolution recognizes the stag- region, from the Philippines to South mittee on Veterans’ Affairs where he gering deaths and casualties and the Korea, who also owe their freedom to served with distinction as chairman struggle by military forces and civil- the brave Americans who fought our will agree with that. ians of the allied powers during the enemies at Midway, at Guadalcanal I am very pleased this afternoon to epic struggle for the control of the Pa- and many other places. bring my resolution to the floor com- cific. It also recognizes that since the In many ways, Mr. Speaker, the vic- memorating the 60th anniversary of war Japan has become a free and pros- tory over Japan was more of a begin- V-J Day and the end of World War II in perous democracy and has become a ning than an end. In the aftermath of the Pacific. I thank sincerely the two valued partner in the process of stand- World War II, the United States devel- Chairs of the committees of jurisdic- ing tall against despotism and oppres- oped strong alliances across the Asian- tion for their consideration. First of sion. Pacific region that have only strength- all, the House Committee on Inter- This is an occasion, Mr. Speaker, to ened over the last 60 years. national Relations, the gentleman remember and to commemorate. We The United States and Japan have from Illinois (Mr. HYDE), who himself must remember why the war was developed a robust multifaceted rela- fought for victory in Japan as men- fought, remember the victims and the tionship based on shared democratic tioned by my colleague from Kentucky, heroes, and thank those who fought so values and mutual interests in Asia and the chair of the Committee on hard and sacrificed so much. I join mil- and global stability and development. Armed Services, the gentleman from lions of Americans participating in The strength of our relationship with California (Mr. HUNTER). Like my fa- thousands of events all across the Japan today demonstrates that the ther, Chairman HUNTER’s father, Rob- United States, many of which have al- sacrifices made by brave American sol- ert Hunter, served in World War II. ready been held, and around the world, diers in the Pacific Theatre were in- On August 15, 1945, Emperor Hirohito in observing and honoring the courage deed not in vain. With passage of this of Japan, in a radio address to his of American servicemembers, allied resolution, we once again commemo- countrymen, announced the uncondi- soldiers, and home front workers. This rate these enormous contributions and tional surrender of Japan’s military truly was the greatest generation. commit ourselves to remembering for forces. So, frankly, World War II offi- Mr. Speaker, I reserve the balance of all time those who made the ultimate cially came to a close with the signing our time. sacrifice for our Nation. of the surrender documents on Sep- Mr. CHANDLER. Mr. Speaker, I yield Mr. Speaker, it is only right that we tember 2, 1945, aboard the USS Missouri myself as much time as I may con- continue to help these veterans. I was in Tokyo Bay. sume. amazed to hear reports that members Throughout the Pacific Theatre, the Mr. Speaker, I rise today in support of our Armed Forces who survived men and women of the United States of this resolution. Mr. Speaker, it is a Pearl Harbor have now survived Hurri- Armed Forces fought bravely and suf- privilege for me to address this resolu- cane Katrina. fered brutally. My own father, United tion where the House will once again 415 veterans from World War II and States Navy Captain Clifford Robert congratulate the Armed Forces of our Korea whose Armed Forces retirement Stearns, participated in the landing on great Nation for their service in the home in Gulfport, Mississippi, was the island of Iwo Jima. During the bat- Pacific Theatre of World War II. And it swamped by Hurricane Katrina have tle, a bullet passed close by his temple, is also a privilege to serve on a com- been relocated around the country; 250 striking the bulwark of the ship behind mittee whose chairman participated in of those veterans have come to this him. He recovered the bullet, brought the struggle against fascism by helping very city. it home to my mother and I. And while liberate the Philippines and helped lib- Mr. Speaker, just as we are caring for I could never name each of my con- erate the people of those islands from our veterans who have been afflicted by stituents who fought, I have been hon- Japanese control. this horrendous crisis, I hope this ored by many such stories, just like my It is with a point of personal privi- House quickly turns to the relief of all dad’s. lege to support this particular resolu- of our people on our Nation’s gulf I wanted, in this World War II anni- tion that I stand to mention that my coast. versary year, to focus attention once family, like so many other families, And I would also like to thank the more on what we call V–J Day. were affected. Just about every family U.S. servicemen and -women and all For years, following World War II, in the United States of America was af- those citizens who are helping the citi- both V–E Day, victory in Europe, May

VerDate Aug 18 2005 04:45 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.015 H06SEPT1 H7652 CONGRESSIONAL RECORD — HOUSE September 6, 2005 8, and V–J Day were commonly printed bars and tap rooms and places dis- erans History Project, quietly described his on calendars. But that is not so any- pensing alcoholic beverages remain harrowing experience as a Kamikaze survivor more. And sometimes when I talk to closed during that period.’’ of the USS Luce; veterans of the Pacific Theatre, they Now, I do not imagine that he 3. Dewey Roberson joined the Army Air will say, you know, CLIFF, we have achieved his objective here. I do not Corps and went from New Guinea to the Phil- seen movies like ‘‘Saving Private think the decorum was what he ippines to Okinawa, dodging bombs every Ryan’’ and ‘‘Band of Brothers,’’ and thought it would be, but everybody was step of the way; while we take nothing away from the excited with jubilation. 4. Nolie Deas was in the 517th Army Bat- triumph of our brothers in the Euro- Of course, the image most recogniz- talion in the South Pacific who invaded the pean theaters, we would like to see our able to Americans and the world is of Philippines in June 1945; story told also. And I do think this the Life Magazine cover of a joyous 5. Leonard Orr served in the 509th Com- summer we see a renewed interest in kissing sailor and nurse which photog- posite Group in the Air Force; and just this. From the movie ‘‘The Great rapher Alfred Eisenstadt froze for all 6. Tommy Needham served in the Naval Raid,’’ to dances, a parade, a V–J 60th time. In an interview last month, the Reserve in post-war Japan. All of these gen- speech by the President, to fireworks nurse, now a grandmother, Edith tlemen, and many women, brought us to Vic- last Friday night, September 2, on the Cullen Shain, recalled the pandemo- tory in Japan. But I did not author this legislation to rehash National Mall, the veterans of the Pa- nium on August 14, 1945, when people the horrific, but brave, tales of Pacific battles; cific are getting their due. grabbed anyone and hugged and kissed this has been done so much before. Instead, When exactly is V–J Day, some will each other. I wanted, in this World War II anniversary ask me. Some refer to it as the day Mr. Speaker, I close with the testa- year, to focus attention once more, as we did that the Emperor announced the sur- ment that understanding and alliances can arise out of former cataclysms. 60 years ago, on what we called V–J Day. render, which is August 15. This is Today, Japan stands with us as a true For years following World War II, both V–E when many of our World War II allies and enduring friend, fellow economic Day (Victory in Europe, May 8) and V–J Day formally recognized August 15 as V–J world leader and a force for a stable (Victory over Japan, Aug. 14), were commonly Day, namely, the United Kingdom, New and prosperous Asia. printed on calendars. But that’s not so any- Zealand, Australia. In Australia, as a I believe it is important to bring this more, and I think this is a little sad. And some- matter of fact, they are particularly resolution to the floor to commemo- times, when I talk to veterans of the Pacific adamant about naming August 15 V–J rate that. As the events of World War Theater they’ll say, ‘‘You know Cliff, we see and not V–P, for victory in the Pacific, II pass further and further into history, movies like ‘Saving Private Ryan’, and ‘Band as some do, because the Australians in the deeds of so many must not fade in of Brothers’. And while we take nothing away the West fought just as strongly in the our memories. The veterans in the Pa- from the tremendous triumph of our brothers Indian Ocean. Some Asian islands, such cific theater brought peace and libera- in the European theater, we sure would like as China and Korea, recognize August tion to millions and millions of people. our story told, too.’’ And, I do think this sum- 15 as Liberation Day. And as Americans rejoiced on V–J Day mer we are seeing a renewed interest. For ex- Also since the surrender announce- 1945, we will continue to salute those ample, the movie ‘‘The Great Raid’’, about the ment fell on August 14 in American veterans for many, many more years to successful rescue of over 500 Americans from time zones, you may see this date com- come. a Japanese POW camp by the 6th Army memorated as V–J Day here. I am pleased that the House is bringing up Rangers Battalion and Filipino guerrillas was And finally, it may refer to the date my resolution Commemorating the 60th anni- released. In my hometown, Ocala, Florida, the of the formal surrender which was Sep- versary of V–J Day and the end of World War Yankee Air Force Inc. had a V–J Day dance tember 2, as I mentioned earlier, in II in the Pacific. I want to thank the two Chairs on August 6 at the American Legion Post 58. 1945. of the Committees of jurisdiction for their con- More, the History Channel hosted and aired a I would like to take us back to Au- sideration. First, of the House Committee on commemoration on the USS Intrepid in New gust 14, 1945. When this news was made International Relations, the gentleman from Illi- York City on V–J Day, on August 14th. Also public over radios, America experi- nois, the Honorable HENRY HYDE, who himself Sunday the 14th, Moosup, Connecticut held a enced a moment mixed with both relief fought for Victor in Japan by piloting a landing parade, believed to be the only V–J Day pa- and jubilation. This is the very essence craft in the Lingayen Gulf. And next, the Chair rade still held in the eastern United States. of V–J Day, a collective sense of ease of the Committee on Armed Services, the gen- Meanwhile, the President commemorated the and an express ebullience of excite- tleman from California, the Honorable DUNCAN 60th Anniversary of V–J Day Naval Air Station ment. We had endured many years of HUNTER. Like mine, Chairman HUNTER’s fa- North Island San Diego, California. And still, worry, of rationing, planting victory ther, Robert Hunter, served in WWII. last Friday night September 2 on the National gardens, buying war bonds, air raid On August 15, 1945, Emperor Hirohito of Mall, the National Park Service put on a fire- drills and civil defense patrol, black- Japan, in a radio address to his countrymen, works display. outs even on our own soil. But on V–J conceded defeat and announced the uncondi- So, I think you, Pacific Theater veterans, Day this ended. America was thrown tional surrender of Japan’s military forces. are getting your due this summer and it is es- open for the Nation’s single largest World War II officially came to a close with the sential and proper that we as a grateful nation tailgate party, and we were all there signing of the surrender documents on Sep- honor you. rooting for the same team. tember 2, 1945, aboard the U.S.S. Missouri in When I talked about my V–J Day resolution, In this jubilation, there was no dif- Tokyo Bay. Thus ended this devastating war. I encountered questions about when, exactly ference between enlisted, officers or ci- Throughout the Pacific Theater, the men is it? Some refer to it as the day that the Em- vilians. Americans danced in the and women of the United States Armed Serv- peror announced the surrender: August 15th. streets, honked horns, blared radios. ices fought bravely, and suffered brutally. My This is when Many of our World War II allies Americans poured into village parks, own father, USN Captain Clifford Robert formally recognize August 15th as ‘‘V–J Day’’, busy city squares in the streets. Liba- Stearns participated in the landings on the is- namely the United Kingdom, New Zealand, tions flowed. Everywhere the noise was land of Iwo Jima. During the battle, a bullet and Australia. In Australia, as a matter of fact, deafening. passed close by his temple striking the bul- they are particularly adamant about naming Even before the surrender, when it wark of the ship behind him. He recovered the August 15th V–J, and not V–P for Victory in appeared imminent, there was some in- bullet and brought it to my mother and me. the Pacific, as some do, because the Aus- teresting preparation. And, while I could never in a million years tralians in the West fought just as strongly in the Indian Ocean. Relatedly, some Asian b 1445 name every one of my constituents and neigh- bors who fought in this theater, I have had the lands, such as China and Korea, recognize In my State of Florida, on August 10, honor of hearing so many stories: August 15 as Liberation Day. 1945, Governor Millard F. Caldwell 1. Writing last Friday for the Gainesville Sun Also in the U.S., since the surrender an- issued a proclamation calling for Flo- on V–J Day, Bob Gasche of Gainesville was nouncement fell on August 14th in American ridians to maintain the ‘‘solemnity and a Marine who saw combat in the Pacific. time zones, you may see this date commemo- dignity of the occasion’’ by avoiding And from my hometown of Ocala, rated to as V–J Day. Finally, it may refer to ‘‘boisterous conduct,’’ and to facilitate 2. James C. Phillips, while we were inter- the date of the formal surrender, September 2, this, that ‘‘all liquor package stores, viewing him for the Library of Congress’ Vet- 1945.

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K06SE7.017 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7653 I would like to take us back to August 14, Charlotte where they are featured in news- thoughtless or by any tragic incident that 1945, to the battlefront, and to the homefront. paper stories every decade on the anniversary can be avoided, NOW, THEREFORE, I, Millard F. Caldwell, When this news was made public over radios, of V–J Day. by virtue of the authority vested in me as Americans experienced a moment mixed of I would like to close with a testament that Governor of the State of Florida, proclaim both relief and jubilation. This is the very es- understandings and alliances can arise out of V–J DAY in Florida as the twenty-four hours sence of V–J Day—a collective exhalation of former cataclysm, today Japan stands with us next succeeding announcement of the sur- ease, and expressive ebullience. as a true and enduring friend, fellow economic render of Japan upon the proclamation by We had endured years of worry, of ration- world leader, and force for a stable and pros- the President of the United States that hos- ing, planting Victory Gardens and canning, perous Asia. tilities are at an end, and urge that all liquor buying war bonds. Even school children Thank you, again, for bringing this Resolu- package stores, bars and tap rooms and other places dispensing alcoholic beverages, re- bought many war stamps and pasted them in tion to the Floor. As the events of World War main closed during that period; special books. When the books were filled, the II pass further into history, the deeds of so I also call upon the Sheriffs, their deputies students traded them in for a war bond. We many must not fade in our memories. The vet- and other law enforcement officers through- had air raid drills and civil defense patrolled erans in the Pacific Theater brought peace out the State to cooperate in making V–J blackouts on our own soil. Civil defense war- and liberation to millions, and as Americans Day orderly, dignified and law-abiding in ac- dens saw to it that people obeyed the rules. rejoiced on V–J Day 1945, we will continue to cordance with the spirit and intent of this proclamation. According to a North Carolina history mu- salute you for many years to come. IN WITNESS WHEREOF, I have hereunto seum, one Wilmington, North Carolina depart- [From: Division of Elections, Proclamations set my hand and caused to be affixed the ment store clerk was even arrested, convicted, and Executive Orders, 1845–1995, Series S 13] Great Seal of the State of Florida at Talla- and fined ‘‘for smoking a lighted cigarette V–J DAY PROCLAMATION, 1945 hassee, the Capital, this the 10th day of Au- upon the streets after having been warned by The United States entered the Second gust, A.D. 1945. a person in authority to extinguish it.’’ We World War in December 1941, following the MILLARD F. CALDWELL, Japanese attack on Pearl Harbor, Hawaii. Governor. studied printed plane silhouettes to learn the Attest: R. A. Gray, Secretary of State. shape of enemy aircraft. Ration coupons for For the next fours years Americans partici- Mr. BACA. Mr. Speaker, I rise in support of sugar, meat, fabric, and gasoline were a way pated in what was arguably the greatest na- H.R. 360, a resolution commemorating the of life, as was carpooling to preserve rubber tional endeavor in our nation’s history. World War II had an enormous impact on 60th anniversary of V–J Day and the end of and gasoline for troops. Housewives poured the state of Florida. More than 250,000 Flo- World War II in the Pacific. off cooking fat to be salvaged for munitions. ridians served in the Army, Navy, Marines, Sixty years ago today, Japanese offIcials But on V–J Day, this was over in an instant. or Coast Guard and almost 4,700 gave their formally surrendered and by doing so con- America was thrown open for the Nation’s sin- lives. About 170 military training bases of cluded the bloodiest war in modern history, gle largest tailgate party, and we were all root- various sizes were established in the state; The United States entered the Second ing for the same team. In the joyous celebra- while shipyards at Tampa, Jacksonville, Panama City, and Pensacola turned out Lib- World War in December 1941, following the tion, there was no difference between enlisted Japanese attack on Pearl Harbor, and over or officer or civilian, Americans danced in the erty Ships and landing craft; and Florida farmers helped feed both Allied soldiers and the next four years Americans participated in streets, honked horns, blared radios. Ameri- civilians. the greatest national endeavor in our Nation’s cans poured into village parks, busy city Spessard L. Holland served as Florida’s history. squares and the streets. Libations flowed and governor for most of World War II, but Mil- The casualty toll of Americans in the Pacific everywhere, the noise was deafening. lard F. Caldwell had been elected the state’s Theater during World War II was approxi- Even days before the surrender, when it ap- twenty-ninth governor in late 1944. He pre- mately 92,904 killed, 208,333 wounded, and peared eminent, there was some interesting sided over the victory celebrations that tens of thousands missing in action and pris- preparation. In my State of Florida, on August erupted across the state in May 1945 upon the oners of war, with civilians and military forces 10, 1945, Governor Millard F. Caldwell issued defeat of Nazi Germany, and again in August 1945, when victory over Japan was pro- of the Allied Powers suffering equally dev- a proclamation calling for Floridians to main- claimed. astating tolls. tain the ‘‘solemnity and dignity of the occa- On August 10, when it became obvious that Mr. Speaker, the people of the lnland Em- sion’’ by avoiding ‘‘boisterous conduct,’’ and to Japan was on the verge of surrender, Gov- pire are grateful to this greatest generation for facilitate this, that ‘‘all liquor package stores, ernor Caldwell issued a proclamation calling their sacrifice and we honor them for their bars and tap rooms and places dispensing al- for Floridians to maintain the ‘‘solemnity courage. coholic beverages, remain closed during that and dignity of the occasion’’ by avoiding Courage of people like Frank Sandoval of period’’. I do not imagine that he achieved the ‘‘boisterous conduct.’’ He urged all establish- Ontario, California who bravely stood his abstemious decorum he sought, but it all went ments that dispensed alcohol to close for ground as a landing crew machinist during twenty-four hours following the announce- battles with Japanese forces off the Island of well. (I would like to enter this into the ment of the surrender. Nevertheless, when RECORD.) Leyte, Philippines. news reached the state a few days later of Courage like that of former Congressman Of course, the image most recognizable to Japan’s acceptance of surrender terms, joy- Americans, and the world, is of the Life maga- ous pandemonium ensued. ‘‘News of the Jap- Jerry Pettis, who fought in the Pacific and then zine cover of a joyous, kissing sailor and anese capitulation last night hit Tallahas- returned home to dedicate his life to his com- nurse, which photographer Alfred Eisenstadt see,’’ reported a newspaper, ‘‘with the force munity. Indeed, our local VA Medical Center in froze for all time. In an interview last month, of Uncle Sam’s new atomic bomb and was Loma Linda is named after him. Edith Cullen Shain recalled the pandemonium the signal for everybody to unloose that Mr. Speaker, I am proud to support this res- pent-up feeling and start what old-timers olution so we may appropriately acknowledge on August 14, 1945, the day of victory for the view as the most wild, I spontaneous and en- the countless number of Americans who sac- Allied Forces over Japan, when people thusiastic celebration ever witnessed in the rificed their lives in World War II. grabbed anyone and hugged and kissed each Capital City.’’ The contributions of these brave Americans other. ‘‘I let him kiss me because he had been A text version of the V–J Day proclama- have allowed us to live in the prosperous and in war and he fought for me,’’ Shain said of tion is included below the graphic image. free America we know today. It is our duty not the sailor. ‘‘I only wish now I had had a con- PROCLAMATION only to recognize and remember their exam- versation with him or asked his name. I just STATE OF FLORIDA ple, but also to courageously follow it. got lost in the moment,’’ said Shain, now an EXECUTIVE DEPARTMENT Mr. HONDA. Mr. Speaker, as we com- 87-year-old great-grandmother from Santa TALLAHASSEE memorate the 60th anniversary of the victory Monica, California. And never missing the op- WHEREAS, the announcement of victory over Japan and the end of World War II in the portunity to point out a Floridian, I share that against Japan and the final end of the de- Pacific Theater, let us not forget the suffering Elizabeth Harris of Tampa is the lady in the structive world-wide conflict, in which we and injustices experienced by prisoners of war photo peeking over the sailor’s shoulder. Also, have been engaged since 1941, will be re- (POWs) and innocent civilians who found two Floridians had their own V–J Day kiss. ceived by the people of Florida, of the United themselves in the path of the Japanese mili- Betty and Dominick Bruno, 79 and 86 today States of America, and of the entire civilized tary. living in Lakeland, never met but conducted a world, with gratitude and thanksgiving that we have been spared further damage and sor- Thousands of American servicemen in the wartime correspondence. They finally met in row, and Pacific Theater were taken prisoner during person in Charlotte, North Carolina four years WHEREAS, the solemnity and dignity of World War II. Many were subjected to the Ba- later, and kissed in the V–J Day bedlam in the this occasion should not be marred by any taan Death March, in which the Japanese mili- streets, and have become local celebrities in boisterous conduct on the part of the tary forced them to march more than 60 miles

VerDate Aug 18 2005 04:45 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A06SE7.005 H06SEPT1 H7654 CONGRESSIONAL RECORD — HOUSE September 6, 2005 with little food or water. During this torturous people in the Fourteenth Air Force as a mem- the Col. flew with me west to Ipin and to gas trek, hundreds of U.S. soldiers died of dehy- ber of the 91st Fighter Squadron, 81st Fighter up (50 miles). We then flew back to assure dration, starvation, and violence. After being Group known as the Thunderdragons of Van Sickle that he could follow us home. We transferred the gas from the wrecked plane transported to Japan, many of these American Fungwaushan, China. to Van Sickle’s and flew on home with no POWs were handed over to private Japanese The following report by my father was pre- further trouble. This time we all three navi- companies to toil as slave laborers. sented to fellow 14th Air Force Veterans as he gated! Sadly, American POWs were not the only reflected on his service. The above summary is indicative of the victims of Japanese military abuse. The list of A NIGHT ON A SANDBAR ON THE YANGTZE courage of our veterans in China and it is with atrocities committed by the Japanese military RIVER—MARCH 8, 1945 deep appreciation that I urge my colleagues to is extensive. Some of the more widely known (By Hugh D. Wilson) support H.R. 360. acts of brutality include: death, beheadings, I had spent twelve months in China as a Mr. CASE. Mr. Speaker, I rise today in sup- rape and other violent acts, forced labor and fighter pilot, flying P–40’s and P–47’s. In an- port of House Resolution 360, a resolution marches, and imprisonment during the occu- other three months I would finish my quota commemorating the 60th Anniversary of V-J pation of Guam and many Asian countries; of missions and be on my way home. On March 7, Lt. Col. Getchel, 1st Lt. Phil Day and the end of World War II in the Pa- creation of a biochemical warfare detachment, cific. known infamously as Unit 731 in Mukden, Van Sickle and I were called into our CO’s office to inform us that we had been picked On Friday, September 2, 2005, a ceremony Manchuria, where horrendous experiments on to ferry three L–5’s (Stinson) from Kunming was held on the USS Missouri in Pearl Har- living POWs were conducted; killing of more to Chengtu a distance of 600 miles. We were bor, Hawaii, commemorating the September 2, than 300,000 Chinese men, women, and chil- to fly by transport to Kunming early on the 1945 signing of the final surrender of Japan dren and the rape of 20,000 women during the 8th. The planes would be ready and we were on her deck. Although I was in Iraq on that event known as the ‘Rape of Nanking’; and to fly half way back by night fall to Ipin, day, I made the following statement: spend the night and then on to Chengtu. forced sexual slavery of hundreds of thou- On this very ship, six decades ago, the We took off from Kunming about 2 p.m. sands of women from Korea, the Philippines greatest conflagration our world has ever with an ETA at Ipin at 5 p.m. The L–5’s had and other countries for Japanese troops. known and, pray God, will ever know, came a 165 HP Engine and we were cruising about to a merciful end. As we stand here today, we I acknowledge that H. Res. 360 properly 100 MPH. feel acutely, and with the living, breathing recognizes that, ‘‘Japan is now a free and Van Sickle and I being 1st Lts. closely fol- spirit of history around us, that range of prosperous democracy, a valued and durable lowed our Col. which was a mistake, for after emotions coming to us through these length- friend based on shared values and mutual in- about two hours he called on the radio that ening years: the depth of treachery by some he thought he had missed a check point. terests, and a guarantor against despotism to the human spirit; the magnitude of suf- I had been doing some map reading and as- and oppression in that area of the world.’’ fering; the breadth of bravery and sacrifice; sured the Col. that we couldn’t be far off However, we must not forget the past. the exhilaration of triumph and victory; the course and should reach the Yangtze river in While the Government of Germany has for- sorrow of loss; and the faith and abiding about 45 minutes. So—on we flew and arrived promise of democracy and freedom. mally apologized to the victims of the Holo- at the river in one hour. The Col. said he I so regret that I cannot be with you per- caust and has taken great steps to provide fi- thought we were west of Ipin and that we sonally for this moment, but I am with our nancial compensation to the victims, the Gov- should fly east along the river until we could troops in still another war on the other side ernment of Japan has refused to fully ac- recognize some check points. of our world. But please know that I am here Ipin is at the foot of the Himalaya moun- knowledge the crimes it committed during in spirit as we pause to remember all of this tains on the headwaters of the Yangtze river. World War II, and to provide reparations to its and to recommit ourselves that we shall for- We were warned not to fly much west of Ipin victims. The Government of Japan must rec- ever heed the lessons of World War II. oncile its past in order to become a trusted because there was a tribe of Chinese head hunters at the foot of Mt. Minya Konka. Ms. BORDALLO. Mr. Speaker, World War II world leader today. (Second highest mountain in the world 24,900 marked a great pivot point for our Nation and Mr. WILSON of South Carolina. Mr. Speak- ft.) the world. The Allies’ great victory against the er, I join in supporting House Resolution 360 It was getting dark about this time as I forces of oppression endures today as a testa- recognizing V–J Day. spotted a white sand bar that I thought we ment to the determination and will of free- Last week, I was honored to serve on a del- could land on. We all agreed and flew down dom’s progress over oppression. The end of egation with Congresswoman MADELEINE close to get a good look. The river runs thru the war in the Pacific was a triumph for liberty BORDALLO, accompanied by Col. Antonio a narrow valley with mountains on each side in the world, and though many lives were lost, Baines (U.S. Army—Ret.) for the V–J Day ac- rising to 800 ft. On landing the Col. who went in first land- the memories of their valiant sacrifice will tivities in Beijing, China. The U.S. Embassy ed too far from the water where the sand was never be forgotten. staff professionally coordinated the visit. soft and nosed but he was not hurt. Van As we mark the 60th anniversary of the end A highlight was to meet with U.S. veterans Sickle and I were both from Florida and of the war in the Pacific, we must also remem- who served in China during World War II. It knew that on our beaches the sand is firmer ber the sacrifices and hardships faced by the was inspiring to personally meet heroes who at the water’s edge. We both got in fine. In only Americans to be occupied during the war, still exhibit the courage of their service 60 a few minutes it was dark. the Chamorro people of Guam. years ago. In about thirty minutes we could see a cir- For the island of Guam, the war in the Pa- I am grateful for my host, the Hon. Jiang cle of lanterns all around us and closing in cific was a dark time indeed. Thirty-two Enzhu, Chairman of the Foreign Affairs Com- slowly. We didn’t know whether they were head hunters or who. As they closed in on us months of oppressive occupation caused hard- mittee of the National People’s Congress, who we stood close together and agreed to be as ship and suffering, necessitating sacrifice and extended the invitation and provided a warm friendly as possible (all the Chinese we knew perseverance by the Chamorro people. Today exchange of ideas to promote Chinese Amer- was ‘‘Ding How’’—‘‘good’’). Inside my jacket we honor those whose lives were lost during ican Friendship. I addressed concern that the I had the Chinese and American flag and I this period. Though the scars of the occupa- talks on textile imports had broken down the took it off to show them. tion remain today, the liberation of the island previous day. There were at least fifty men all with a is remembered as a seminal moment in the At the Great Hall of the People, we were lantern with candles in them and each had a history of the Chamorro people. welcomed by the Hon. Sheng Hauren, Vice gun of some kind. I have never seen as many The brave men of the 3rd Marine Division, old guns, some were blunderbusses even. Chairman of the National People’s Congress In a few minutes they acknowledged that the 77th Army Infantry Division, and the 6th Standing Committee. In a frank exchange of we were Americans and friendly. They took Marine Provisional Brigade on July 21, 1944, viewpoints, we determined China and America a good look at our planes and saw the U.S. fought tirelessly to liberate the Chamorro peo- have more in common rather than differences. Air Force identification. ple and end the occupation. The people of It was inspiring to join veterans of a dozen In another twenty minutes, a Chinese Bud- Guam would like to acknowledge the enduring nations at the Beijing Peace Wall for the sign- dha monk arrived from a monastery that memory of these men who risked their lives ing for the Beijing Peace Declaration. Our stay was atop the mountain just above us. He on our behalf. Those who perished in this concluded with a dinner hosted by President could speak some English and asked us to noble effort are today memorialized in solemn follow him up the mountain for shelter for Hu Jintao. the night (800 ft). remembrance and will be for generations to As the son of a Flying Tiger who served in The monk offered us some food and we de- come. China, I especially was appreciative to attend cided to eat some of their duck eggs. Mr. CHANDLER. Mr. Speaker, I have these events. My late father, 1LT Hugh D. Wil- After a fairly comfortable night and as- no further requests for time, and I son, was proud to have protected the Chinese sured by the monks that we were east of Ipin yield back the balance of my time.

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.008 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7655 Mr. SMITH of New Jersey. Mr. CSCE are matters of direct and legitimate (B) reasserting the commitment of the Speaker, I have no further requests for concern to all participating States and do United States to full implementation of the time, and I yield back the balance of not belong exclusively to the internal affairs Helsinki Final Act; my time. of the State concerned’’; (C) urging all participating States to abide Whereas, in the 1990 Charter of Paris for a by their obligations under the Helsinki Final The SPEAKER pro tempore (Mr. New Europe, the participating States com- Act; and BOOZMAN). The question is on the mo- mitted themselves ‘‘to build, consolidate and (D) encouraging the people of the United tion offered by the gentleman from strengthen democracy as the only system of States to join the President and Congress in New Jersey (Mr. SMITH) that the House government of our nations’’; observance of this anniversary with appro- suspend the rules and agree to the reso- Whereas the pro-democracy revolution in priate programs, ceremonies, and activities; lution, H. Res. 360. Serbia in 2000, the Rose Revolution in Geor- and The question was taken. gia in 2003, the Orange Revolution in (2) to convey to all signatories of the Hel- The SPEAKER pro tempore. In the Ukraine in 2004, and the popular revolution sinki Final Act that respect for human in Kyrgyzstan in 2005 demonstrate the pri- rights and fundamental freedoms, demo- opinion of the Chair, two-thirds of macy of popular sovereignty and the impor- cratic principles, economic liberty, and the those present have voted in the affirm- tance of OSCE commitments on free and fair implementation of related commitments ative. elections; continue to be vital elements in promoting a Mr. STEARNS. Mr. Speaker, on that Whereas the OSCE and the participating new era of democracy, peace, and unity in I demand the yeas and nays. States have undertaken a series of measures the region covered by the Organization for The yeas and nays were ordered. aimed at combating anti-Semitism, racism, Security and Cooperation in Europe. The SPEAKER pro tempore. Pursu- xenophobia, and discrimination and should The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the report on related progress during the OSCE ant to the rule, the gentleman from Conference on anti-Semitism and on Other Chair’s prior announcement, further Forms of Intolerance in Cordoba, Spain, in New Jersey (Mr. SMITH) and the gen- proceedings on this motion will be June 2005; tleman from Kentucky (Mr. CHANDLER) postponed. Whereas the 1999 Istanbul OSCE Charter each will control 20 minutes. f for European Security and the November 19, The Chair recognizes the gentleman 1999, Istanbul Summit Declaration note the from New Jersey (Mr. SMITH). CALLING UPON THE PRESIDENT particular challenges of ending violence GENERAL LEAVE TO ISSUE A PROCLAMATION against women and children as well as sexual Mr. SMITH of New Jersey. Mr. RECOGNIZING THE 30TH ANNI- exploitation and all forms of trafficking in Speaker, I ask unanimous consent that human beings, and commit the participating VERSARY OF THE HELSINKI all Members may have 5 legislative FINAL ACT States to strengthen efforts to combat cor- ruption, eradicate torture, and end discrimi- days within which to revise and extend Mr. SMITH of New Jersey. Mr. nation against Roma; their remarks and include extraneous Speaker, I move to suspend the rules Whereas the main challenge facing the par- material on S.J. Res. 19. and pass the Senate joint resolution ticipating States remains the implementa- The SPEAKER pro tempore. Is there (S.J. Res. 19) calling upon the Presi- tion of the principles and commitments con- objection to the request of the gen- dent to issue a proclamation recog- tained in the Helsinki Final Act and other tleman from New Jersey? nizing the 30th anniversary of the Hel- OSCE documents adopted on the basis of There was no objection. consensus; sinki Final Act, as amended. Mr. SMITH of New Jersey. Mr. Whereas the participating States have rec- Speaker, I yield myself such time as I The Clerk read as follows: ognized that economic liberty, social justice, S.J. RES. 19 and environmental responsibility are indis- may consume. Mr. Speaker, I rise today in very Whereas August 1, 2005, is the 30th anniver- pensable to prosperity; sary of the Final Act of the Conference on Whereas the participating States have strong support of Senate Joint Resolu- Security and Cooperation in Europe (CSCE), committed themselves to promoting eco- tion 19, as amended, calling on the renamed the Organization for Security and nomic reforms through enhanced trans- President to issue a proclamation in Cooperation in Europe (OSCE) in January parency for economic activity, with the aim recognition of the 30th anniversary of 1995 (hereafter in this resolution referred to of advancing the principles of market econo- the signing of the Helsinki Final Act. as the ‘‘Helsinki Final Act’’); mies; The resolution urges the 55 states of Whereas the Helsinki Final Act established Whereas the participating States have North America, Europe and Eurasia a new framework for relations among coun- stressed the importance of respect for the rule of law and vigorous efforts to fight orga- which comprise the Organization For tries in Europe and the North Atlantic re- Security and Cooperation in Europe to gion that recognized that respect for human nized crime and corruption, which constitute rights is a fundamental principle in regu- a great threat to economic reform and pros- abide by their obligations under the lating international relations; perity; Helsinki Final Act. The Congress fur- Whereas, during the Communist era, mem- Whereas OSCE has expanded the scope and ther calls on the President to reiterate bers of nongovernmental organizations, such substance of its efforts, undertaking a vari- the United States’ agreement that re- as the Helsinki Monitoring Groups in Russia, ety of preventive diplomacy initiatives de- spect for human rights and funda- Ukraine, Lithuania, Georgia, and Armenia signed to prevent, manage, and resolve con- mental freedoms, democratic principles and similar groups in Czechoslovakia and flict within and among the participating States; and economic liberty are vital ele- Poland, sacrificed their personal freedom ments in promoting a new era of de- and even their lives in their courageous and Whereas the politico-military aspects of vocal support for the principles enshrined in security remain vital to the interests of the mocracy, peace and unity in this re- the Helsinki Final Act; participating States and constitute a core gion of the world. Whereas Congress contributed to advanc- element of OSCE’s concept of comprehensive For all of the history that we make ing the aims of the Helsinki Final Act by security; here, Mr. Speaker, it is not too often creating the Commission on Security and Whereas the OSCE has played an increas- that we in this body have the oppor- Cooperation in Europe to monitor and en- ingly active role in civilian police-related tunity to celebrate and honor an event courage compliance with provisions of the activities, including training, as an integral part of OSCE’s efforts in conflict prevention, that has so conspicuously marked such Helsinki Final Act; a turning point in human affairs. Too Whereas, in the 1990 Charter of Paris for a crisis management, and post-conflict reha- New Europe, the participating States in the bilitation; and often the history of international rela- OSCE (hereafter in this resolution referred Whereas the participating States bear pri- tions is one of false starts and missed to as the ‘‘participating States’’) declared mary responsibility for raising awareness of opportunities. The victories, when they that ‘‘[h]uman rights and fundamental free- violations of commitments contained in the do happen, are more often ones of pre- doms are the birthright of all human beings, Helsinki Final Act and other OSCE docu- vention, disasters averted or crises are inalienable and are guaranteed by law’’ ments: Now, therefore, be it ended. Or if not that, then the results and that ‘‘[t]heir protection and promotion Resolved by the Senate and House of Rep- are realized too far into the future to is the first responsibility of government’’; resentatives of the United States of America in be judged with any clarity. This is not Whereas, in the 1991 Document of the Mos- Congress assembled, That Congress calls upon cow Meeting of the Conference on the Human the President— the case with the Helsinki Final Act Dimension of the CSCE, the participating (1) to issue a proclamation— signed on August 1, 1975. States ‘‘categorically and irrevocably (A) recognizing the 30th anniversary of the With that historic event, what we declare[d] that the commitments undertaken signing of the Final Act of the Conference on saw was a recognition not just by the in the field of the human dimension of the Security and Cooperation in Europe; United States or even the West, but

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.010 H06SEPT1 H7656 CONGRESSIONAL RECORD — HOUSE September 6, 2005 even in Eastern Europe and the Soviet along the dividing line in Germany was Mr. CHANDLER. Mr. Speaker, I rise Union, that human rights are the undermined.’’ in strong support of this Senate Joint pivot, the linchpin of true security and Whenever we met with Soviet au- Resolution 19, as amended, and Mr. peace in the world. What the Helsinki thorities or Polish leaders or any lead- Speaker, I yield myself such time as I Final Act asserted and what subse- ers of those occupied countries, we al- may consume. quent history has taught beyond any ways had lists of political prisoners Mr. Speaker, in 1975, in an effort to reasonable doubt is this: The way gov- and of religious prisoners. We always reduce the risks of war between the ernments treat their people is the con- based our inquiries on the fact that all North Atlantic Alliance and the War- cern not just of those governments but of these nations were voluntary sig- saw Pact, the countries of the North of all the nations and peoples of the natories to the Helsinki Final Act. Atlantic community and Eastern and world. In essence, security and human This was a matter of international con- Central Europe could agree on a com- dignity and human rights are one and cern. These were not simply American mon set of principles on peaceful rela- indivisible. values, these were universally recog- tions and decent treatment of their Indeed, it is in the fall of the Com- nized and agreed to values. citizens. munist regimes in Europe that we have Mr. Speaker, let me also say that the As the gentleman from New Jersey seen the principles of the Helsinki Helsinki process continues. We need to (Mr. SMITH) so passionately and so elo- Final Act, and the process that the act continue fighting. We are now fighting quently said, it was a true watershed in inaugurated, unleashed forces of good to try to stem the rise of anti-Semi- human history. At the time, I am sure and of hope. The document spoke truth tism, that ugly specter of hate toward that the leaders of the Soviet Union to power and empowered millions to Jews throughout the countries that thought that they had achieved much, rise up and demand democracy and fun- make up the OSCE, including the such as the de facto recognition of a di- damental freedoms, especially religious United States. We are working to com- vided Germany, and given little. What, freedom. Many became Helsinki mon- bat racism and xenophobic behavior. after all, they thought, is the danger of itors in dictatorships, in places like We are now working very hard, and a few words about freedom on a piece of Czechoslovakia where members of have been since the 1990s, to combat paper? Thirty years later, it is clear Charter 77 risked their lives and often this hideous form of slavery known as what was wrought by these words. went to prison in demanding that their human trafficking, especially for pros- The principles of human rights and dictatorship allow them fundamental titution where women are turned into fundamental freedoms empowered the freedoms. chattel and into commodities and their dissidents of Russia, Ukraine, the Bal- lives destroyed. We saw it in places like Perm 35, a tic States, Czechoslovakia, Poland and We are also working on a number of horrible gulag that the gentleman from others to establish Helsinki monitoring other human rights issues within the Virginia (Mr. WOLF) and I visited back Helsinki process, trying to get the Cen- or similar groups to try to push their in the 1980s, where men were actively tral Asian countries to realize that governments to live up to the commit- clamoring for their rights. For in- they have commitments that need to ments of the Helsinki Final Act. stance Mikhail Kazachkov, a physcist be abided by. Mr. Speaker, this is not a Indeed, many of those dissidents lost by training imprisoned for his dissident document that we only look back on. their personal freedom and sometimes activites, took the Helsinki Final Act This is a living document that we work even their lives in their courageous and and, even at risk of cruel retribution, to implement as we go forward. vocal support for these principles. And would speak up and demand his free- Mr. Speaker, one of the hallmarks of the Helsinki Final Act is not merely an doms and those of his fellow inmates. the Helsinki Final Act is our ability to artifact of history, not merely an arti- Recently, the United States Helsinki use it to promote democracy and elec- fact of history. The Organization for Commission of which I am the Co-chair tions. No organization does a better job Security and Cooperation in Europe, hosted an event commemorating the than the OSCE monitors when it comes the successor to the conference that 30th anniversary. We had Dr. Henry to elections. When the commitments drafted the act, continues to promote Kissinger as our principal speaker. Dr. have been implemented, political par- freedom and human rights throughout Kissinger, as many will know and re- ties have had the opportunity for free Europe, including the newly inde- call, was Secretary of State in that pe- and fair elections. When emphasis is pendent States of the former Soviet riod, and he pointed out how rough the given to the conduct of free elections, Union. world was at the time, how close we we have witnessed some amazing Just in the last year, the OSCE were to superpower conflict between changes, including Kyrgyzstan’s Tulip through its Offices for Democratic In- ourselves and the Soviet Union. The ar- Revolution, Ukraine’s Orange Revolu- stitutions and Human Rights has sup- senals were brimming over with nu- tion, Georgia’s Rose Revolution and ported civil society in Belarus; sent clear weapons that unfortunately Serbia’s Democratic Revolution. These election observers to Kyrgyzstan as it seemed to be at the ready. events in the last 5 years alone testify makes efforts to transition to an au- Dr. Kissinger pointed out that the to the power of the principles inscribed thoritarian regime; provided training Helsinki Final Act was not popular at in the Helsinki Final Act and the other on human rights monitoring to groups the time. Many thought it was a con- OSCE documents that followed on. in the Caucasus; and assisted countries cession to the Soviet Union, that some- Some participating States, however, throughout the region in stopping the how they would make propaganda, and most notably Belarus, Russia, scourge of modern day slavery, the they would reap tremendous benefits Turkmenistan and Uzbekistan, seem trafficking in persons. from it. People had serious misgivings determined to not live up to their com- Later this year, OSCE will make ef- about what the Helsinki Final Act mitments. These remain some of the forts to have a successful free and fair would actually do. The United States areas of concern that our Helsinki parliamentary election in Azerbaijan, a signed onto the Final Act and, of the Commission works on on a daily basis. critical country to our efforts in Af- three baskets, we emphasized the Finally, Mr. Speaker, having served ghanistan and a country that is seek- human rights dimension and promoted as a member of the Helsinki Commis- ing to throw off the communist bonds it and promoted it and promoted it, sion since my second term in 1983, I be- of its past. much to the chagrin of leaders in the lieve the U.S. must hold vigorously to The Organization for Security and Kremlin, as well as those who were the values that have inspired funda- Cooperation in Europe does not stop in part of the Warsaw Pact. mental and democratic change in much Europe. In reality, Dr. Kissinger noted the of the OSCE region. As I said a moment 1500 Helsinki process served as a catalyst to ago, our work is not done. Much needs b ‘‘promote change in the political situa- to be done going forward. I know we It is helping the countries of Africa tion and also to change the human will do it. We will use this now famous and other regions in their efforts at de- rights situation.’’ He said, ‘‘I can think document, the Helsinki Final Act, as mocratization. of nothing that the Soviet Union got our inspiration going forward. Indeed, many have talked about a out of this, except that their position Mr. Speaker, I reserve the balance of Helsinki Final Act for the Middle East in Eastern Europe and their position my time. to bring the value of the accords to the

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.016 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7657 people of those countries. Some have those owned by women and minorities. I com- OSCE member countries. I look forward to argued for a democracy charter for the mend the gentleman from Florida, Mr. continuing to work with the OSCE members countries of the Arab League, similar HASTINGS, for his excellent leadership of the and their outstanding staff. to the charter adopted by the Organiza- OSCE PA as the first American to serve as Mr. HOYER. Mr. Speaker, I strongly support tion of American States. President of this organization. this Joint Resolution calling on President Bush Mr. Speaker, I hope the administra- Earlier this year Chairman SMITH and I vis- to issue a proclamation recognizing the 30th tion is seriously taking the lessons of ited Ukraine to meet with the new democratic anniversary of the signing of the Final Act of the Helsinki process to heart as it government. Many of the former Soviet repub- the Conference on Security and Cooperation moves forward with its efforts to pro- lics are still struggling today with their transi- in Europe, commonly known as the Helsinki mote democracy and pluralism through tion to a democratic form of government, and Agreement. the broader Middle East and North Af- the OSCE plays an integral role in assisting The Helsinki Final Act—which was signed rica Initiative. these governments in establishing the rule of on August 1, 1975—was the first international I strongly support this legislation, law. agreement to accord human rights the status and may we strike more blows for basic Many challenges remain for the Helsinki of a fundamental principle in regulating inter- human rights in the world. process, but today we celebrate its rich legacy national relations, and has been widely cred- Mr. CARDIN. Mr. Speaker, I rise in strong and record of accomplishments. I look forward ited with helping to expose human rights viola- support of S.J. Res. 19, which recognizes the to using the Helsinki process as we confront tions in the former Soviet bloc. 30th anniversary of the Helsinki Final Act. The the new political, economic, and human rights In fact, I firmly believe that the political proc- President issued a proclamation on August 1, challenges of the 21st century. ess set in motion by the signing of the Helsinki 2005 which celebrated this important anniver- Mr. ADERHOLT. Mr. Speaker, I rise today Final Act laid the groundwork for the forces sary. in support of S.J. Res. 19, a joint resolution that consumed the former Soviet empire. I am privileged to serve as the Ranking calling upon the President to issue a procla- In 1975, many of the Final Act signatory Member of the Helsinki Commission, formally mation recognizing the 30th anniversary of the states viewed the language of the act dealing known as the U.S. Commission on Security Helsinki Final Act. As a Commissioner of the with human rights and the obligation that each and Cooperation in Europe. The Commission Organization for Security and Cooperation in state had toward its own citizens, as well as encourages compliance with the Helsinki Final Europe (OSCE), I am pleased to continue to those of other states, as essentially meaning- Act by the 55 nations of the Organization for work with my fellow commissioners in Con- less window dressing. Their objective was to Security and Cooperation in Europe (OSCE), gress, the Administration and our counterparts secure a framework in which their international which is the largest regional security organiza- in the other 54 member nations. political position and the then-existing map of tion in the world. The Organization for Security and Coopera- Europe would be adjudged a fait accompli. The United States has actively participated tion in Europe (OSCE) had its origin in the They were proved wrong. The Helsinki proc- in the Helsinki process since its inception 30 early 1950s when the Soviet Union first pro- ess, which provided a forum and international years ago. Today we acknowledge and cele- posed the creation of an all-European security backing for Refuseniks and others fighting be- brate that participation. This resolution recalls conference. However it wasn’t until November hind the Iron Curtain for fundamental free- the importance of the Helsinki process in pro- 1972 when representatives from the original doms and human rights—led inevitably to the moting human rights, democracy, and the rule 35 nations met for nearly three years to work collapse of Soviet communism. Today, we celebrate the freedom yielded by of law within the OSCE. The Helsinki process out the arrangements. On August 1, 1975, the our steadfast commitment to the Helsinki proc- consists of three ‘‘baskets’’ of rights which are leaders of the original 35 participating States ess and by our demand that the former Soviet essential to security: political, economic, and gathered in Helsinki and signed the Final Act bloc countries adhere to and implement the human rights. of the Conference on Security and Coopera- human rights standards enshrined by the ac- Our Commission is unusual in that it is an tion in Europe. cords. independent Federal agency which has both Also known as the Helsinki Accords, the The fall of the Berlin Wall transformed the the legislative and executive branches working Final Act is a binding agreement consisting of world and demonstrated without reservation together side by side. I have greatly appre- three main sections, known as Baskets, re- that respect for the dignity of all individuals is ciated this opportunity to work as equal part- garding political, economic and human rights. fundamental to democracy. ners in the Helsinki process, which I think has Since 1975, the number of countries signing As we reflect on this 30th anniversary, we frankly increased our effectiveness on a num- the Helsinki Accords has expanded to 55, re- understand that the countries and peoples of ber of issues within the OSCE region. flecting changes such as the breakup of the the region are still in transition and will be for I have enjoyed working with our colleagues Soviet Union, Czechoslovakia and Yugoslavia. decades to come. Great strides have been on the International Relations Committee, Mr. Institutionalization of the Conference in the made by many former communist countries in HYDE and Mr. LANTOS, as well as with my Hel- early 1990s led to its transformation to the Or- building democratic societies and market sinki Commission Co-Chairman CHRIS SMITH ganization for Security and Cooperation in Eu- economies. and Chairman SAM BROWNBACK from the Sen- rope, effective January 1995. But in my view, Mr. Speaker, it is critical ate. The Helsinki Final Act and the process it that the United States remain engaged with Our work on the Helsinki Commission is bi- began provided an important backdrop against the peoples and governments of Europe and partisan, and I do not think I can ever recall which President Ronald Reagan, standing in the countries that emerged from the former a moment in my entire service on this Com- front of Berlin’s Brandenburg Gate, could bold- Soviet Union, especially Russia. mission where we have had a partisan dif- ly declare, ‘‘Mr. Gorbachev, tear down this We must remain committed to a Europe ference. Our bipartisan record has led to nu- wall.’’ This began the process of systemic whole, free, democratic and at peace. It is in merous accomplishments on critical issues in change, eventually leading to the release of our strategic and national interest to do so. the OSCE. The OSCE is perhaps best known hundreds of cases of political prisoners and And by doing so, we honor the memory of all for leading election monitoring missions to in- prisoners of conscience as well as the reunifi- those who sacrificed so much to hold high the sure free and fair elections in emerging de- cation of tens of thousands of families. banner of freedom. mocracies in Europe and Eurasia. In a step designed to preserve the unity of Finally, let me note that this Joint Resolution The Helsinki process allowed many Jews to the Helsinki process, each country that joined reasserts the commitment of the United States leave the former Soviet Union. Today the Hel- the OSCE after 1975 submitted a letter in to fully implement of the Helsinki Act; urges all sinki process has taken the lead in fighting the which the accepted in their entirety all commit- participating states to abide by their obliga- growing scourge of anti-Semitism in Europe, ments and responsibilities contained in the tions under the Act; and encourages Ameri- culminating in an unprecedented conference Helsinki Final Act, and all subsequent docu- cans to join the President and Congress in ob- on anti-Semitism and the issuance of the Ber- ments adopted prior to their membership. To serving this 30th anniversary. lin Declaration, which adopts a number of con- underscore this continuity, the leaders of each I urge my colleagues to support this impor- crete commitments for States to fight anti- of these countries signed the actual original tant Resolution. Semitism. 1975 Final Act document. Mr. CHANDLER. Mr. Speaker, I have I am also privileged to serve as the Chair- I have been particularly interested in work- no other requests for speaking time, man of the economic committee of the Par- ing with former Chairman SMITH and now with and I yield back the balance of my liamentary Assembly (PA) of the OSCE, which Chairman BROWNBACK on human rights and time. has focused on anti-corruption measures and religious freedom. There remains a great deal Mr. SMITH of New Jersey. Mr. the promotion of small businesses, particularly of work to do on these matters throughout the Speaker, we have no further requests

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.013 H06SEPT1 H7658 CONGRESSIONAL RECORD — HOUSE September 6, 2005 for time, and I yield back the balance With best wishes, I am acre first-class park system, securing of our time as well. Sincerely, funds for critical road repairs, and at- The SPEAKER pro tempore (Mr. JEFF TRANDAHL, tracting 2,000 high-paying jobs for the Clerk. BOOZMAN). The question is on the mo- township. My township could use some Attachment. tion offered by the gentleman from of her advice. She also established a 5K New Jersey (Mr. SMITH) that the House f run and located a branch of the suspend the rules and pass the Senate SWEARING IN OF THE HONORABLE Clermont County Library in Miami joint resolution, S.J. Res. 19, as amend- JEAN SCHMIDT, OF OHIO, AS A Township. ed. MEMBER OF THE HOUSE Congresswoman SCHMIDT resides in The question was taken. The SPEAKER. Will the Representa- Miami Township with her husband, The SPEAKER pro tempore. In the tive-elect and the members of the Ohio Peter, and their daughter Emily. She opinion of the Chair, two-thirds of delegation please present themselves in holds degrees in political science and those present have voted in the affirm- the well. secondary education from the Univer- ative. Mrs. SCHMIDT appeared at the bar of sity of Cincinnati. Her interests in- Mr. SMITH of New Jersey. Mr. the House and took the oath of office, clude auto racing and long-distance Speaker, on that I demand the yeas as follows: running. She has completed 56 mara- and nays. Do you solemnly swear that you will thons and still counting. The yeas and nays were ordered. support and defend the Constitution of Mr. Speaker, I want to say she is to- The SPEAKER pro tempore. Pursu- the United States against all enemies, night embarking on the greatest mara- ant to clause 8 of rule XX and the foreign and domestic; that you will thon of her career. Chair’s prior announcement, further bear true faith and allegiance to the Mr. Speaker, I am pleased to wel- proceedings on this motion will be same; that you take this obligation come Congresswoman SCHMIDT to the postponed. freely, without any mental reservation House. f or purpose of evasion; and that you will RECESS well and faithfully discharge the duties f of the office on which you are about to The SPEAKER pro tempore. Pursu- enter. So help you God. ant to clause 12(a) of rule I, the Chair MAIDEN SPEECH BY THE The SPEAKER. Congratulations, you declares the House in recess until ap- HONORABLE JEAN SCHMIDT are now a Member of the 109th Con- proximately 6:30 p.m. today. gress. (Mrs. SCHMIDT asked and was given Accordingly (at 3 o’clock and 2 min- permission to address the House for 1 utes p.m.), the House stood in recess f minute.) until approximately 6:30 p.m. WELCOMING THE HONORABLE Mrs. SCHMIDT. Mr. Speaker, I stand f JEAN SCHMIDT TO THE HOUSE here today in the same shoes, though OF REPRESENTATIVES b 1834 with a slightly higher heel, as thou- (Mr. REGULA asked and was given sands of Members who have taken the AFTER RECESS permission to address the House for 1 same oath before me. I am mindful of The recess having expired, the House minute.) what is expected of me both by this was called to order at 6 o’clock and 34 Mr. REGULA. Mr. Speaker, I am hallowed institution and the hundreds minutes p.m. pleased to join my colleagues from of thousands of Americans I am blessed to represent. I am the lowest-ranking f Ohio, and particularly our Senator, Senator VOINOVICH, and my other col- Member of this body, the very bottom FURTHER MESSAGE FROM THE leagues. And as dean of the Ohio dele- rung of the ladder; and I am privileged SENATE gation, it is a great pleasure that I rise to hold that title. A further message from the Senate this afternoon to introduce the Honor- This House has much work to do. On by Ms. Curtis, one of its clerks, an- able JEAN SCHMIDT of the Second Dis- that we can all agree. We will not al- nounced that the Senate has passed a trict of Ohio. ways agree on the details of that work. concurrent resolution of the following She has been a lifelong resident of Honorable people can certainly agree title in which the concurrence of the Clermont County, the first woman ever to disagree. However, here today I ac- House is requested: elected to represent southern Ohio in cept a second oath. I pledge to walk in S. Con. Res. 52. Concurrent resolution pro- Congress. The diverse Second Congres- the shoes of my colleagues and refrain viding for the use of the catafalque situated sional District includes seven counties, from name-calling or the questioning in the crypt beneath the Rotunda of the Cap- a lot of Lincoln Day dinners, stretches of character. It is easy to quickly sink itol in connection with memorial services to from downtown Cincinnati to the river- to the lowest form of political debate. be conducted in the Supreme Court Building side town of Portsmouth in Scioto Harsh words often lead to headlines, for the late honorable William H. Rehnquist, County. but walking this path is not a Chief Justice of the United States. Throughout her career, Congress- victimless crime. This great House f woman SCHMIDT has held various roles pays the price. COMMUNICATION FROM THE in public office and has been actively So at this moment, I begin my tenure CLERK OF THE HOUSE involved in civic and community in this Chamber, uncertain of what his- The SPEAKER laid before the House groups. That is a great background for tory will say of my tenure here. I come the following communication from the serving here. She served for two terms here green with only a desire to make Clerk of the House of Representatives: in the Ohio statehouse, and according our great country even greater. We to the Cincinnati Enquirer, she ‘‘ ... have much work to do. In that spirit, I OFFICE OF THE CLERK proved effective in passing legislation pledge to each of you that any dis- HOUSE OF REPRESENTATIVES Washington, DC August 30, 2005. to address her district’s concerns.’’ agreements we may have are just that Hon. J. DENNIS HASTERT While serving in the State legislature, and no more. Walking in each other’s The Speaker, House of Representatives SCHMIDT enacted legislation to create shoes takes effort and pause; however, Washington, DC. jobs, protect Ohio’s children, and en- it is my sincere hope that I never lose Dear MR. SPEAKER: I have the honor to sure access to quality health care. the patience to view each of you as transmit herewith a Certificate of Election Prior to her election to Ohio’s state- human beings first, God’s creatures, received from the Honorable J. Kenneth house, Mrs. SCHMIDT served 10 years as and foremost. I deeply appreciate this Blackwell, Secretary of State, State of Ohio, a Miami Township trustee. In this lead- opportunity to serve with each of you. indicating that, at the election held on Au- gust 2, 2005, the Honorable Jean Schmidt was ership role, she helped Miami Township I very much look forward to getting to duly elected Representative in Congress for to become a world-class community by know you better, and I humbly thank the Second Congressional District, State of initiating a variety of projects and im- you, Mr. Speaker, for allowing me to Ohio. provements, including creating a 300- address this humble body.

VerDate Aug 18 2005 04:51 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.014 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7659 ANNOUNCEMENT BY THE SPEAKER Feeney Leach Renzi NOT VOTING—39 Ferguson Lee Reyes Berkley Engel Murtha The SPEAKER. Under clause 5(d) of Filner Levin Reynolds Bilirakis Fattah Olver Fitzpatrick (PA) Lewis (CA) rule XX, the Chair announces to the Rogers (AL) Boucher Gallegly Pickering Flake House that, in light of the administra- Lewis (GA) Rogers (KY) Brady (PA) Hefley Rush Foley Lewis (KY) tion of the oath to the gentlewoman Rogers (MI) Brady (TX) Hunter Sanchez, Loretta Forbes Linder Rohrabacher Buyer Inslee Sessions from Ohio (Mrs. SCHMIDT), the whole Ford Lipinski Ros-Lehtinen Cardin Latham Stark number of the House is 434. Fortenberry LoBiondo Ross Case Maloney Strickland Fossella Lofgren, Zoe Rothman Conaway McCrery Tancredo f Foxx Lowey Roybal-Allard Costello McDermott Taylor (MS) Frank (MA) Lucas Royce Delahunt Melancon Waters ANNOUNCEMENT BY THE SPEAKER Franks (AZ) Lungren, Daniel Ruppersberger Dicks Mollohan Weiner Frelinghuysen E. The SPEAKER. Pursuant to clause 8 Ryan (OH) Emerson Moore (KS) Young (AK) Garrett (NJ) Lynch Ryan (WI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of rule XX, proceedings will resume on Gerlach Mack Ryun (KS) Gibbons Manzullo motions to suspend the rules pre- Sabo The SPEAKER pro tempore (Mrs. Gilchrest Marchant viously postponed. Salazar BIGGERT) (during the vote). Members Gillmor Markey Sa´ nchez, Linda Votes will be taken in the following Gingrey Marshall are advised there are 2 minutes remain- T. order: Gohmert Matheson ing in this vote. Sanders Gonzalez Matsui House Resolution 360, by the yeas and Saxton Goode McCarthy b 1902 nays; Schakowsky Goodlatte McCaul (TX) Schiff Senate Joint Resolution 19, by the Gordon McCollum (MN) So (two-thirds having voted in favor yeas and nays. Granger McCotter Schmidt thereof) the rules were suspended and Graves McGovern Schwartz (PA) the resolution was agreed to. The first electronic vote will be con- Schwarz (MI) ducted as a 15-minute vote. The re- Green (WI) McHenry The result of the vote was announced Green, Al McHugh Scott (GA) maining electronic vote will be con- Green, Gene McIntyre Scott (VA) as above recorded. ducted as a 5-minute vote. Grijalva McKeon Sensenbrenner A motion to reconsider was laid on Gutierrez McKinney Serrano the table. f Gutknecht McMorris Shadegg Stated for: Hall McNulty Shaw COMMEMORATING THE 60TH ANNI- Harman Meehan Shays Mr. BILIRAKIS. Mr. Speaker, I missed the VERSARY OF V-J DAY AND THE Harris Meek (FL) Sherman recorded vote for H. Res. 360, which com- END OF WORLD WAR II IN THE Hart Meeks (NY) Sherwood memorates the 60th anniversary of V–J Day Hastings (FL) Menendez Shimkus and the end of World War II in the Pacific. PACIFIC Hastings (WA) Mica Shuster Had I been present, I would have voted ‘‘yea’’ The SPEAKER. The pending business Hayes Michaud Simmons Hayworth Millender- Simpson on rollcall vote 454. is the question of suspending the rules Hensarling McDonald Skelton and agreeing to the resolution, H. Res. Herger Miller (FL) Slaughter f 360. Herseth Miller (MI) Smith (NJ) MOMENT OF SILENCE IN MEMORY The Clerk read the title of the resolu- Higgins Miller (NC) Smith (TX) OF VICTIMS OF HURRICANE tion. Hinchey Miller, Gary Smith (WA) Hinojosa Miller, George Snyder KATRINA The SPEAKER. The question is on Hobson Moore (WI) Sodrel the motion offered by the gentleman Hoekstra Moran (KS) Solis The SPEAKER. The Chair would ask from New Jersey (Mr. SMITH) that the Holden Moran (VA) Souder all Members to stand and observe a mo- Holt Murphy Spratt ment of silence in memory of the vic- House suspend the rules and agree to Honda Musgrave the resolution, H. Res. 360, on which Stearns tims of Hurricane Katrina. Hooley Myrick Stupak the yeas and nays are ordered. Hostettler Nadler Sullivan f Napolitano The vote was taken by electronic de- Hoyer Sweeney Hulshof Neal (MA) Tanner ANNOUNCEMENT BY THE SPEAKER vice, and there were—yeas 394, nays 0, Hyde Neugebauer Tauscher not voting 39, as follows: Inglis (SC) Ney The SPEAKER. Without objection, Taylor (NC) Israel Northup [Roll No. 454] Terry proceedings will continue with a 5- Issa Norwood Thomas minute vote. YEAS—394 Istook Nunes Thompson (CA) Abercrombie Boustany Cubin Jackson (IL) Nussle There was no objection. Thompson (MS) Ackerman Boyd Cuellar Jackson-Lee Oberstar Thornberry f Aderholt Bradley (NH) Culberson (TX) Obey Tiahrt Akin Brown (OH) Cummings Jefferson Ortiz CALLING UPON THE PRESIDENT Alexander Brown (SC) Cunningham Jenkins Osborne Tiberi Allen Brown, Corrine Davis (AL) Jindal Otter Tierney TO ISSUE A PROCLAMATION Andrews Brown-Waite, Davis (CA) Johnson (CT) Owens Towns RECOGNIZING THE 30TH ANNI- Baca Ginny Davis (FL) Johnson (IL) Oxley Turner VERSARY OF THE HELSINKI Bachus Burgess Davis (IL) Udall (CO) Johnson, E. B. Pallone FINAL ACT Baird Burton (IN) Davis (KY) Johnson, Sam Pascrell Udall (NM) Baker Butterfield Davis (TN) Jones (NC) Pastor Upton The SPEAKER. The pending business Baldwin Calvert Davis, Jo Ann Van Hollen Jones (OH) Paul is the question of suspending the rules Barrett (SC) Camp Davis, Tom Kanjorski Payne Vela´ zquez Barrow Cannon Deal (GA) Kaptur Pearce Visclosky and passing the Senate joint resolu- Bartlett (MD) Cantor DeFazio Keller Pelosi Walden (OR) tion, S.J. Res. 19, as amended. Barton (TX) Capito DeGette Kelly Pence Walsh Bass Capps DeLauro The Clerk read the title of the Senate Kennedy (MN) Peterson (MN) Wamp Bean Capuano DeLay joint resolution. Kennedy (RI) Peterson (PA) Wasserman Beauprez Cardoza Dent Kildee Petri Schultz The SPEAKER. The question is on Becerra Carnahan Diaz-Balart, L. Kilpatrick (MI) Pitts Watson the motion offered by the gentleman Berman Carson Diaz-Balart, M. Kind Platts Watt from New Jersey (Mr. SMITH) that the Berry Carter Dingell Waxman Biggert Castle Doggett King (IA) Poe Weldon (FL) House suspend the rules and pass the Bishop (GA) Chabot Doolittle King (NY) Pombo Weldon (PA) Senate joint resolution, S.J. Res. 19, as Bishop (NY) Chandler Doyle Kingston Pomeroy Weller Bishop (UT) Chocola Drake Kirk Porter amended, on which the yeas and nays Westmoreland Blackburn Clay Dreier Kline Price (GA) are ordered. Blumenauer Cleaver Duncan Knollenberg Price (NC) Wexler The vote was taken by electronic de- Whitfield Blunt Clyburn Edwards Kolbe Pryce (OH) vice, and there were—yeas 393, nays 1, Boehlert Coble Ehlers Kucinich Putnam Wicker Boehner Cole (OK) Emanuel Kuhl (NY) Radanovich Wilson (NM) not voting 39, as follows: Bonilla Conyers English (PA) LaHood Rahall Wilson (SC) [Roll No. 455] Bonner Cooper Eshoo Langevin Ramstad Wolf Bono Costa Etheridge Lantos Rangel Woolsey YEAS—393 Boozman Cramer Evans Larsen (WA) Regula Wu Abercrombie Akin Andrews Boren Crenshaw Everett Larson (CT) Rehberg Wynn Ackerman Alexander Baca Boswell Crowley Farr LaTourette Reichert Young (FL) Aderholt Allen Bachus

VerDate Aug 18 2005 02:30 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.022 H06SEPT1 H7660 CONGRESSIONAL RECORD — HOUSE September 6, 2005 Baird Etheridge LaTourette Reynolds Shays Tierney EXPRESSING SORROW OF THE Baker Evans Leach Rogers (AL) Sherman Towns Baldwin Everett Lee Rogers (KY) Sherwood Turner HOUSE AT THE DEATH OF THE Barrett (SC) Farr Levin Rogers (MI) Shimkus Udall (CO) HONORABLE WILLIAM H. Barrow Feeney Lewis (CA) Rohrabacher Shuster Udall (NM) REHNQUIST, CHIEF JUSTICE OF Bartlett (MD) Ferguson Lewis (GA) Ros-Lehtinen Simmons Upton THE UNITED STATES Barton (TX) Filner Lewis (KY) Ross Simpson Van Hollen Bass Fitzpatrick (PA) Linder Rothman Skelton Vela´ zquez Mr. DELAY. Madam Speaker, I offer Bean Flake Lipinski Roybal-Allard Slaughter Visclosky a privileged resolution (H. Res. 422) and Beauprez Foley LoBiondo Royce Smith (NJ) Walden (OR) Becerra Forbes Lofgren, Zoe Ruppersberger Smith (TX) Walsh ask for its immediate consideration. Berman Ford Lowey Ryan (OH) Smith (WA) Wamp The Clerk read the resolution, as fol- Berry Fortenberry Lucas Ryan (WI) Snyder Wasserman lows: Biggert Fossella Lungren, Daniel Ryun (KS) Sodrel Schultz Bishop (GA) Foxx E. Sabo Solis Watson H. RES. 422 Bishop (NY) Frank (MA) Lynch Salazar Souder Watt Bishop (UT) Franks (AZ) Mack Sa´ nchez, Linda Spratt Waxman Resolved, That the House has heard with Blackburn Frelinghuysen Manzullo T. Stearns Weldon (FL) profound sorrow of the death of the Honor- Blumenauer Garrett (NJ) Marchant Sanders Stupak Weldon (PA) able William H. Rehnquist; Chief Justice of Blunt Gerlach Markey Saxton Sullivan Weller the United States. Boehlert Gibbons Marshall Schakowsky Sweeney Westmoreland Schiff Tanner Wexler Resolved, That the House tenders its deep Boehner Gilchrest Matheson sympathy to the members of the family of Matsui Schmidt Tauscher Whitfield Bonilla Gillmor the late Chief Justice in their bereavement. Bonner Gingrey McCarthy Schwartz (PA) Taylor (NC) Wicker Bono Gohmert McCaul (TX) Schwarz (MI) Terry Wilson (NM) Resolved, That the Clerk communicate Boozman Gonzalez McCollum (MN) Scott (GA) Thomas Wilson (SC) these resolutions to the Senate and to the Boren Goode McCotter Scott (VA) Thompson (CA) Wolf Supreme Court and transmit a copy of the Boswell Goodlatte McGovern Sensenbrenner Thompson (MS) Woolsey Serrano Thornberry Wu same to the family of the late Chief Justice. Boustany Gordon McHenry Resolved, That when the House adjourns Boyd Granger McHugh Shadegg Tiahrt Wynn Bradley (NH) Graves McIntyre Shaw Tiberi Young (FL) today, it adjourn as a further mark of re- spect to the memory of the late Chief Jus- Brown (OH) Green (WI) McKeon NAYS—1 Brown (SC) Green, Al McKinney tice. Paul Brown, Corrine Green, Gene McMorris The resolution was agreed to. Brown-Waite, Grijalva McNulty NOT VOTING—39 Ginny Gutierrez Meehan A motion to reconsider was laid on Burgess Gutknecht Meek (FL) Berkley Fattah Murtha the table. Burton (IN) Hall Meeks (NY) Bilirakis Gallegly Olver Butterfield Harman Menendez Boucher Hefley Pickering Calvert Harris Mica Brady (PA) Hunter Rush f Camp Hart Michaud Brady (TX) Inslee Sanchez, Loretta Cannon Hastings (FL) Millender- Buyer Jefferson Sessions Cantor Hastings (WA) McDonald Cardin Latham Stark PROVIDING FOR USE OF CATA- Capito Hayes Miller (FL) Conaway Maloney Strickland FALQUE IN CRYPT BENEATH RO- Capps Hayworth Miller (MI) Costello McCrery Tancredo TUNDA OF CAPITOL IN CONNEC- Capuano Hensarling Miller (NC) Delahunt McDermott Taylor (MS) Cardoza Herger Miller, Gary Dicks Melancon Waters TION WITH MEMORIAL SERVICES Carnahan Herseth Miller, George Emerson Mollohan Weiner FOR THE LATE HONORABLE WIL- Carson Higgins Moore (WI) Engel Moore (KS) Young (AK) LIAM H. REHNQUIST, CHIEF JUS- Carter Hinchey Moran (KS) TICE OF THE UNITED STATES Case Hinojosa Moran (VA) b 1918 Castle Hobson Murphy So (two-thirds having voted in favor Mr. DELAY. Madam Speaker, I ask Chabot Hoekstra Musgrave Chandler Holden Myrick thereof) the rules were suspended and unanimous consent to take from the Chocola Holt Nadler the Senate joint resolution, as amend- Speaker’s table the Senate concurrent Clay Honda Napolitano ed, was passed. resolution (S. Con. Res. 52) providing Cleaver Hooley Neal (MA) for the use of the catafalque situated in Clyburn Hostettler Neugebauer The result of the vote was announced Coble Hoyer Ney as above recorded. the crypt beneath the Rotunda of the Cole (OK) Hulshof Northup A motion to reconsider was laid on Capitol in connection with memorial Conyers Hyde Norwood the table. services to be conducted in the Su- Cooper Inglis (SC) Nunes Costa Israel Nussle Stated for: preme Court Building for the late hon- Cramer Issa Oberstar Mr. BILIRAKIS. Mr. Speaker, I missed the orable William H. Rehnquist, Chief Crenshaw Istook Obey recorded vote for S.J. Res. 19, which calls Justice of the United States, and ask Crowley Jackson (IL) Ortiz for its immediate consideration in the Cubin Jackson-Lee Osborne upon the President to issue a proclamation Cuellar (TX) Otter recognizing the 30th anniversary of the Hel- House. Culberson Jenkins Owens sinki Final Act. Had I been present, I would The Clerk read the title of the Senate Cummings Jindal Oxley have voted ‘‘yea’’ on rollcall vote 455. concurrent resolution. Cunningham Johnson (CT) Pallone Davis (AL) Johnson (IL) Pascrell f The SPEAKER pro tempore. Is there Davis (CA) Johnson, E. B. Pastor objection to the request of the gen- Davis (FL) Johnson, Sam Payne COMMUNICATION FROM ASSO- tleman from Texas? Davis (IL) Jones (NC) Pearce Davis (KY) Jones (OH) Pelosi CIATE JUSTICE OF SUPREME There was no objection. Davis (TN) Kanjorski Pence COURT The Clerk read the Senate concur- Davis, Jo Ann Kaptur Peterson (MN) Davis, Tom Keller Peterson (PA) The SPEAKER pro tempore (Mrs. rent resolution, as follows: Deal (GA) Kelly Petri BIGGERT) laid before the House the fol- S. CON. RES. 52 DeFazio Kennedy (MN) Pitts lowing communication from Antonin DeGette Kennedy (RI) Platts Resolved by the Senate (the House of Rep- DeLauro Kildee Poe Scalia, Associate Justice of the Su- resentatives concurring), That the Architect of DeLay Kilpatrick (MI) Pombo preme Court of the United States: the Capitol is authorized and directed to Dent Kind Pomeroy SUPREME COURT OF THE UNITED STATES, transfer to the custody of the Supreme Court Diaz-Balart, L. King (IA) Porter Washington, DC, September 6, 2005. of the United States the catafalque which is Diaz-Balart, M. King (NY) Price (GA) situated in the crypt beneath the Rotunda of Dingell Kingston Price (NC) Hon. J. DENNIS HASTERT, Doggett Kirk Pryce (OH) Speaker of the House of Representatives, the Capitol so that such catafalque may be Doolittle Kline Putnam Washington, DC. used in the Supreme Court Building in con- Doyle Knollenberg Radanovich DEAR MR. SPEAKER: This is to notify the nection with services to be conducted there Drake Kolbe Rahall House of Representatives, through you, that for the late honorable William H. Rehnquist, Dreier Kucinich Ramstad the Chief Justice of the United States died in Chief Justice of the United States. Duncan Kuhl (NY) Rangel Arlington, Virginia on Saturday, September Edwards LaHood Regula The Senate concurrent resolution 3, 2005. Ehlers Langevin Rehberg was concurred in. Emanuel Lantos Reichert Very truly yours, English (PA) Larsen (WA) Renzi ANTONIN SCALIA, A motion to reconsider was laid on Eshoo Larson (CT) Reyes Associate Justice. the table.

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.022 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7661 REMOVAL OF NAME OF MEMBER hearts are with the families and indi- The American people and we here in AS COSPONSOR OF H.R. 2290 viduals who have lost loved ones and this Congress must do this. Mr. JONES of North Carolina. are scattered across this country as a A few years ago, when the Depart- Madam Speaker, I ask unanimous con- result of the terrible, terrible devasta- ment of Homeland Security was being tion of Hurricane Katrina. sent to have my name removed as a co- debated here in the Congress, I stated, The House of Representatives this sponsor of H.R. 2290. and reread for the record tonight, ‘‘I do evening met with the President’s Cabi- The SPEAKER pro tempore. Is there not want FEMA put in the Department objection to the request of the gen- net for nearly 3 hours, and this evening I would like to address concerns re- of Homeland Security. Why? Because tleman from North Carolina? FEMA worked. It took us 10 years to There was no objection. garding how the institutions of this Nation failed the American people and fix FEMA back during the decades of f what can be done about it as we try to the 1990s, so why do we want to stick FEMA into this big new department RECESS heal as a Nation and thank those who are extending their compassion and as- that will have 170,000 people in it, and The SPEAKER pro tempore. Pursu- sistance and to try to give strength to we cannot even get direct communica- ant to clause 12(a) of rule I, the Chair those who have suffered so much. tions up to the top? The United States declares the House in recess subject to There is not a single American who fought World War II, and we did not the call of the Chair. does not feel just horrible about what need a Department of Homeland Secu- Accordingly (at 7 o’clock and 23 min- has happened, and we in the Congress rity. We defeated the Communists dur- utes p.m.), the House stood in recess bear responsibility, as does this admin- ing the Cold War, and we didn’t need a subject to the call of the Chair. istration, for the response and its 170,000-person Department of Homeland f shortcomings. Security. We fought the Persian Gulf b 2241 There is a story today in the Wall War, and we did not need it.’’ Street Journal entitled: ‘‘Behind Poor But our words were not successful AFTER RECESS Katrina Response, a Long Chain of here in the Congress. And we ended up Weak Links.’’ I would like to enter The recess having expired, the House with a majority of Members of Con- that into the RECORD and read from a was called to order by the Speaker pro gress passing a Department of Home- tempore (Mr. REICHERT) at 10 o’clock key section of that article that talks about what went wrong. land Security that buried FEMA far and 41 minutes p.m.) underneath this mammoth administra- f b 2245 tive structure. I hate to call it a man- SPECIAL ORDERS Number one, the absorption of the agement structure because it became a Federal Emergency Management Agen- mismanagement structure. And then The SPEAKER pro tempore. Under cy into the gargantuan and terrorism- funding for local responses was cut by the Speaker’s announced policy of Jan- focused Department of Homeland Secu- over $600 million. uary 4, 2005, and under a previous order rity, which I voted against as a Mem- Interestingly, the Web site of the of the House, the following Members ber of this Congress over 2 years ago; I current Committee on Homeland Secu- will be recognized for 5 minutes each. served on the Committee on Appropria- rity here in the U.S. House of Rep- f tions where FEMA came before us. We had an agency that finally worked resentatives indicates a vacancy in the The SPEAKER pro tempore. Under a chairmanship, with the movement of previous order of the House, the gen- after 10 years of reform in the Clinton Mr. Cox of California to the Securities tleman from Minnesota (Mr. GUT- administration, and James Lee Witt, and Exchange Commission. So even one KNECHT) is recognized for 5 minutes. the director of that agency, did such a of the key committees here in the (Mr. GUTKNECHT addressed the terrific job. All of that changed as House. His remarks will appear here- FEMA was subsumed under this gar- House lacks the key chair as we move after in the Extensions of Remarks.) gantuan Department of Homeland Se- into this difficult period. curity, which in essence had a very dif- f But the point is that there has been ferent kind of mission. very bad decision making here in the The SPEAKER pro tempore. Under a Just 2 weeks ago, as the Wall Street previous order of the House, the gentle- Congress that relegated FEMA in Journal article recounts, five State terms of domestic affairs, and also, woman from New York (Mrs. MCCAR- emergency managers brought a tough THY) is recognized for 5 minutes. those put in charge over the last 5 message here to Washington, this was years have had absolutely no hands-on (Mrs. MCCARTHY addressed the before Katrina, and met with Michael House. Her remarks will appear here- experience with emergency manage- Chertoff, the Homeland Security Sec- ment. after in the Extensions of Remarks.) retary. And these emergency directors f told them straight out that the admin- Mr. Speaker, as I mentioned pre- istration was weakening emergency viously, the articles I referred to ear- EXCHANGE OF SPECIAL ORDER management with potentially dan- lier are submitted hereafter for inclu- TIME gerous consequences. In fact, Dave sion in the RECORD. Ms. KAPTUR. Mr. Speaker, I ask Liebersback, the Director of Alaska’s WHAT WENT WRONG? unanimous consent to take the time of Division of Homeland Security and the gentlewoman from New York (Mrs. Emergency Management, said that the Some reasons why the U.S. didn’t ade- MCCARTHY). Department’s focus on terrorism was quately protect and rescue its citizens from The SPEAKER pro tempore. Is there undermining its readiness here at a natural disaster. objection to the request of the gentle- home. The absorption of the Federal Emergency woman from Ohio? The article goes on to say that there Management Agency into the gargantuan— There was no objection. were not firm procedures in place, for and terrorism-focused—Department of Homeland Security. f example, for directing people and ma- terials when a national emergency A military stretched by wars in Iraq and CONCERNS REGARDING RESPONSE such as Katrina would strike. And this Afghanistan, which made commanders reluc- TO HURRICANE KATRINA article, along with other information tant to commit some active-duty units near- The SPEAKER pro tempore. Under a that I choose to enter into the record by. previous order of the House, the gentle- this evening, shows that the appropria- A total breakdown of communications sys- woman from Ohio (Ms. KAPTUR) is rec- tions for the funding of FEMA, as part tems. ognized for 5 minutes. of this major new department, were ac- Missteps at the local level, including a ru- Ms. KAPTUR. Mr. Speaker, we here tually cut by over $600 million in the dimentary plan to deal with hurricanes. in the Congress have just returned to area of regional operations. These are A failure to plan for the possibility that conduct the Nation’s business, and our bad decisions that need to be reversed. New Orleans’s levee system would fail.

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.030 H06SEPT1 H7662 CONGRESSIONAL RECORD — HOUSE September 6, 2005 [From the Wall Street Journal, Sept. 6, 2005] rorist attacks and a system the government able to get money for an emergency oper- POWER FAILURE: BEHIND POOR KATRINA RE- has been trying to fix for four years. ations center that could link computers, SPONSE, A LONG CHAIN OF WEAK LINKS— Poor coordination among federal, state and phones and televisions to respond to torna- CHANGING STRUCTURE OF FEMA, EMPHASIS local officials in the days immediately before does. Between 1957 and 2003, the county had ON TERRORISM CONTRIBUTED TO PROBLEMS— and after the hurricane. 20 tornadoes that it said killed 11 people and A SHORTAGE OF HELICOPTERS Failure at all levels of government to take caused more than $32 million in damages. seriously many studies and reports over Meanwhile, morale at FEMA has dropped (By Robert Block, Amy Schatz, Gary Fields many years warning of the potential dis- since it was subsumed by Homeland Secu- and Christopher Cooper) aster. rity. Several key jobs are unfilled and its ex- Just two weeks ago, five state emergency Indeed, despite many warnings of the dan- ecutives are overtaxed. Its acting chief oper- managers brought a tough message to a gers, Mr. Chertoff and other administration ating officer in Washington, for instance, is meeting in Washington with Homeland Secu- officials have explained their poor initial re- also the director of FEMA’s Atlanta region; rity Secretary Michael Chertoff and his top sponse by saying government planners didn’t his seat there is being held by another acting deputies. expect both a serious hurricane and a breach director. That area includes much of the hur- ‘‘We told them straight out that they were in levees. ‘‘This is really one which I think ricane-prone Southeast. weakening emergency management with po- was breathtaking in its surprise,’’ Mr. In July, Mr. Chertoff unveiled a depart- tentially disastrous consequences,’’ says Chertoff told reporters on Saturday. mental restructuring that would cement Dave Liebersbach, the director of Alaska’s Planners, he said, ‘‘were confronted with a FEMA’s reduced role. Among other moves, Division of Homeland Security and Emer- second wave that they did not have built the plan restricted FEMA’s purview to dis- gency Management. The department’s focus into the plan, but using the tools they had, aster response, stripping away longstanding on terrorism was undermining its readiness we have to move forward and adapt.’’ functions such as helping communities build for other catastrophes, said the visiting offi- Plenty of missteps at the local level con- houses outside flood zones. cials, who included emergency managers tributed to last week’s disaster too, from a The plan, he told Congress, was ‘‘to take from Mississippi and Alabama. failure to take basic steps to protect the out of FEMA a couple of elements that were Now that Hurricane Katrina has left the telecom infrastructure to inadequate food really not related to its core missions, that Gulf Coast flooded and New Orleans in ruins, and water at the Superdome. New Orleans were generally focused on the issue of pre- the question ricocheting around the nation may be able to stage events such as Mardi paredness in a way that I think was frankly and the world is this: How could the world’s Gras and Jazzfest and provide parking, crowd more of a distraction to FEMA than an en- biggest superpower fail so badly in pro- control and adequate toilets for millions of hancement to FEMA.’’ tecting and rescuing its residents from a nat- visitors, but its hurricane plan was more ru- On July 27, Alaska’s Mr. Liebersbach, in ural disaster so frequently foretold? dimentary. ‘‘Get people to higher ground and his role as the head of the National Emer- The answer is sure to receive intense scru- have the feds and the state airlift supplies to gency Management Association, an associa- tiny this fall in Congress and around the na- them—that was the plan, man,’’ Mayor Ray tion of state emergency management direc- tion, especially given revived fears that the Nagin said in an interview yesterday. tors, warned in a letter to Congress that Mr. U.S. is ill-prepared for a terrorist attack. But so far, the federal government is bear- Chertoff’s plan was nothing short of disas- ‘‘We are going to take a hard, hard look at ing the brunt of criticism, given its vast re- trous. It would have ‘‘an extremely negative our disaster-response procedures,’’ said Re- sources and unique role in responding to impact on the people of this nation,’’ he publican Majority Leader Bill Frist of Ten- major disasters. Critics say the response wrote. nessee this weekend as he assisted patients shows that the nation’s disaster-response ‘‘The proposed reorganization increases the at the New Orleans airport. system, rebuilt in the wake of the 2001 ter- separation between preparedness, response Yesterday, the government moved aggres- rorist attacks, is woefully inadequate. In a and recovery functions,’’ the letter said. sively to show it has the situation in hand. Washington Post-ABC News poll taken on ‘‘Any unnecessary separation of these func- President Bush paid his second visit to the Friday, the public said by a 67% to 31 % mar- tions will result in disjointed response and region in four days, visiting Baton Rouge, gin that the federal government wasn’t ade- adversely impact the effectiveness of depart- La., and Poplarville, Miss. He asserted that quately prepared for Katrina. mental operations.’’ It was the letter that federal, state and local governments are ‘‘What the events of the last week have prompted the meetings with Homeland Secu- ‘‘doing the best we can.’’ The major levee shown is that over the last few years since 9/ rity officials in late August. breach in New Orleans, at the 17th Street 11 we have slowly disassembled our national Last week’s response certainly revealed Canal, was closed, allowing the city to begin emergency response system and put in its cracks in the current system. Though Presi- pumping out floodwaters, a process expected place something far inferior,’’ says Bill dent Bush declared a state of emergency be- to take about 30 days. Waugh, an academic expert on emergency fore Katrina made landfall on Monday, offi- Meanwhile, thousands of federal troops ap- management at Georgia State University. cials appear to have underestimated the se- peared to be firmly in control of the city, ‘‘We reinvented the wheel when we didn’t verity of the damage caused by the storm. with most residents evacuated and searches need to and now have something that doesn’t By Tuesday it became clear that the re- for survivors well underway. A Customs and roll very well at all.’’ sponse was not meeting needs and that Border Protection aircraft operating as a fly- Many of last week’s problems are rooted in FEMA and Louisiana emergency teams were ing communication link gave first respond- January 2003, when the Bush administration, overwhelmed. Then the flood waters hit in ers in New Orleans the ability to commu- urged on by some members of Congress, cre- New Orleans. It still took several more hours nicate for the first time since Katrina struck ated the Homeland Security Department. It for Mr. Chertoff to declare the disaster an more than a week ago. In suburban Jefferson amalgamated 22 agencies, from the Coast ‘‘incident of national significance.’’ Parish, thousands of residents were allowed Guard to the Secret Service, creating the Even then, some requirements hampered to check their homes under tight restric- largest government bureaucracy since the speed. Because of worries that terrorists tions to evaluate what was left. Pentagon was formed in 1947. could take advantage of such chaos, FEMA But the weekend’s progress hasn’t erased From the start, emergency experts and now must abide by post-9/11 security proce- the troubling questions left by the govern- even the Government Accountability Office, dures, such as putting air marshals on ment’s delayed understanding of the scope of the investigative arm of Congress, warned flights. That meant stranded residents the damage last week and its initial slowness that a special effort was needed to be sure couldn’t be evacuated from the New Orleans in mounting rescues and bringing food and FEMA’s traditional mission of providing dis- airport until FEMA had rounded up dozens of water to stricken citizens. The problems in- aster relief wasn’t lost in the shuffle. Transportation Security Administration clude: But it was. FEMA’s clout had long de- screeners and more than 50 federal air mar- The decision to transform the Federal pended on its ability to help states plan for shals. Inadequate power prevented officials Emergency Management Agency from a cab- natural disasters by providing emergency from firing up X-ray machines and metal de- inet-level agency reporting directly to the preparedness grants and other resources. tectors until the government decided evac- president to just one piece of a new, gar- Under Homeland Security, grant-making de- uees could be searched manually. gantuan Department of Homeland Security, cisions were transferred to a new, depart- In the hours before and after Katrina which altered FEMA’s mission and watered ment-wide office in an attempt to consoli- struck, there weren’t firm procedures in down its powers. date funding. As a result, FEMA lost control place for directing people and materials. Dan Too few helicopters stationed in the Gulf of more than $800 million in preparedeness Wessel, owner of Cool Express Inc., a Blue Coast area ahead of the storm. grants since 2003, congressional figures show. River, Wis., transportation company that A military stretched by wars in Iraq and State emergency managers and congres- contracts with FEMA to move supplies, said Afghanistan, which left commanders near sional investigators say the overwhelming he didn’t get a green light to send trucks to New Orleans reluctant to commit some ac- focus for grants is now on fighting terrorism. a staging area in Dallas until about 4 p.m. tive-duty units at nearby Fort Polk, La., be- More money goes to local police and fire de- Monday, hours after Katrina made landfall. cause they were in the midst of preparing for partments for that mission than responding That was too late to meet a deadline of get- an Afghan deployment this winter. to and recover from disasters. ting trucks to Dallas by noon Tuesday, he A total breakdown of communications sys- Officials from Shelby County, Ala., for in- said. tems, an echo of the problems that faced stance, last year said they could get federal Once the trucks arrived, drivers often New York officials dealing with the 2001 ter- money for chemical suits. But they were un- found no National Guard troops, FEMA

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.028 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7663 workers or other personnel on hand to help North Carolina. Soldiers from the 82nd Air- Another problem: Even after 9/11, local of- unload the water and ice, Mr. Wessel said. ‘‘I borne Division are able to deploy anywhere ficials and federal emergency responders almost told the guys to leave, but people are in the world in 18 hours. It took several days don’t typically use the same radio fre- wanting the water,’’ he said. ‘‘The drivers for them to arrive on the ground in Lou- quencies, which can make communication distributed it.’’ isiana. difficult until agreements are reached on Inside New Orleans, said Dr. Joseph There, no piece of equipment was more sharing channels. Guarisco, chief of the emergency department necessary than helicopters. But in the first As handheld radios began losing power in of Ochsner Clinic Foundation, a 580-bed hos- 48 hours after the levees were breached, the New Orleans, police officers and other emer- pital in New Orleans above the water line, shortage of helicopters became acute. FEMA gency responders had no way of recharging said there was confusion about where to di- wanted choppers to save stranded residents, them. Unlike radios used by firefighters rect evacuees seeking shelter. while the Army Corps of Engineers needed combating wild fires, which can be powered For a couple of days, Dr. Guarisco said, he the aircraft, known as ‘‘rotary wing’’ in mili- by disposable batteries found in any grocery directed a stream of patients to what he un- tary jargon, to repair the breaches. The store, a typical handheld police emergency derstood was a FEMA mass-casualty tent at Coast Guard, the primary agency responding radio uses rechargeable batteries similar to the intersection of Interstate 10 and Cause- to the disaster in New Orleans, had a total of those powering cell phones, according to Ron way Boulevard. ‘‘A number came back and 20 aircraft in the area, mostly helicopters, Haraseth, director of automated frequency said, ‘there’s no one there.’’’ Dr. Guarisco which focused solely on rescue operations. coordination at the Association of Public- said. ‘‘We have very limited aviation assets and Safety Communications Officers. Some critics have blamed the war in Iraq, rotary wing is what we need to put materials FEMA itself seemed to frequently have bad and the deployment of thousands of troops, into those breaches, and that’s the very asset information. At a Tuesday press conference including National Guard members, to that we need to do search and rescue and save vic- Bill Lokey, federal coordinating officer for effort. President Bush has vehemently de- tims, so our efforts became something of a FEMA and the agency representative on site, nied that charge. The administration has second priority and our initial plan was de- downplayed the severity of the flooding said problems on the ground were due to an layed a bit because of that,’’ says Lt. Gen. caused by the breaches in New Orleans, say- unexpectedly severe storm and unantici- Carl Strock, commander of the Army Corps ing the water wasn’t rising in most areas. ‘‘I pated flooding. of Engineers. don’t want to alarm everybody that, you Four weeks before the hurricane, Lt. Colo- A FEMA spokesman said the Coast Guard know, New Orleans is filling up like a bowl,’’ nel Pete Schneider, of the Louisiana Na- and National Guard had adequate numbers of he said. ‘‘That’s just not happening.’’ tional Guard, told WGNO, a local ABC affil- helicopters on hand, but that rescue and sup- Within hours, much of the city was under iate, that when guard members left for Iraq ply operations were hampered by other fac- water, and Mr. Lokey was calling Katrina last October, they took a lot of needed equip- tors, including limited airspace around New the most significant natural disaster to hit ment with them, including dozens of high- Orleans, which is geographically small. ‘‘You the United States.’’ water vehicles, Humvees, refueling tankers put in 30 helicopters in that area and you The possible problems had long been and generators that would be needed in the create a dangerous situation,’’ said the trumpeted. In June 2004, FEMA spent more event a major natural disaster hit the state. spokesman, Marty Bahamonde. than half a million dollars to commission a ‘‘You’ve got combatant commanders over On the supply front, helicopters flew food ‘‘catastrophic hurricane disaster plan’’ from there who need it, they say they need it, to the Superdome, he said, but the helipad IEM Inc., a Baton Rouge-based emergency- they don’t want to lose what they have and there could only accommodate small air- management and homeland security con- we certainly understand that,’’ he said. ‘‘It’s craft, wnich couldn’t hold many supplies. sulting firm. A report analyzing results of a a matter of us educating that combatant Communications systems also broke down, mock hurricane hitting New Orleans, dubbed commander [that] we need it back here as as they did at the World Trade Center in ‘‘Hurricane Pam,’’ was envisioned and a re- well.’’ 2001, preventing emergency officials from sponse and recovery plan was to be drawn up. Col. Schneider also said the state had communicating with each other and the During a five-day mock exercise in July enough equipment to get by, and that if Lou- military. That led to the odd juxtaposition 2004, emergency-management responders isiana were to get hit by a major hurricane, of top federal officials praising the rescue ef- huddled in Baton Rouge to plan a response to the neighboring states of Mississippi, Ala- fort and denying problems at New Orleans’ ‘‘Hurricane Pam,’’ a Category 3 storm which bama and Florida had all agreed to help. In overcrowded convention center while TV featured 120 miles per hour winds and a the end, those states were hit by Katrina as cameras showed people there crying for help. storm surge that topped New Orleans’s lev- Flooding and power shortages appear to be well. ees. For reasons that aren’t clear, the mock The U.S. Army has a large facility, Fort behind most of the serious communications exercise never anticipated the levees giving Polk, in Leesville, La., about 270 miles problems, but incompatible radio systems way, despite such warnings. Even-so, the northwest of New Orleans. Officials at Fort didn’t help. Emergency responders in New mock hurricane—destroyed 500,000 buildings Polk, which has nearly 8,000 active duty sol- Orleans and three nearby parishes all use dif- in New Orleans and displaced one million diers, said their contribution so far has con- ferent radio systems. New Orleans and near- residents. sisted of a few dozen soldiers from the 10th by Jefferson Parish both use radios that op- The group developed a plan to get stranded Mountain Division manning purification erate on the 800 Mhz band, according to a residents out of the way and construction of equipment and driving half-ton trucks filled Louisiana State Police interoperability re- a ‘‘command structure’’ with enough space with supplies and equipment. The first con- port, but they were manufactured by dif- for upwards of 800 rescue workers. A report, tingent of soldiers didn’t receive orders until ferent vendors. That means officials there dated Jan. 5 of this year, detailed rec- Saturday afternoon. had up to five channels on which to talk to ommendations from the exercise and was A spokeswoman at Fort Polk said she did one another. provided to FEMA, an IEM spokeswoman not know why the base received its deploy- ‘‘Communication is always difficult in said. FEMA has not released the report. ment orders so late in the game. ‘‘You’d have emergency situations because of increased to ask the Pentagon,’’ she said. A senior traffic,’’ says William Vincent of the Lafay- Army official said the service was reluctant ette Office of Homeland Security and Emer- TITLE III: PREPAREDNESS AND RECOVERY to commit the 4th brigade of the 10th Moun- gency Preparedness, about 135 miles from The DHS Emergency Preparedness and Re- tain Division from Fort Polk, because the New Orleans. Emergency 911 dispatchers in covery functions are intended to improve the unit, which numbers several thousand sol- Lafayette fielded calls from New Orleans nation’s capability to reduce losses from all diers, is in the midst of preparing for an Af- residents who still had working cellphones disasters, including terrorist attacks. Table ghanistan deployment in January. but couldn’t reach local police. 6 includes funds expended during FY2OO3 for Instead, the Pentagon chose to send up- New Orleans officials had equipment at the these functions, and compares them to wards of 7,500 soldiers from the 1st Cavalry fire department’s communication center amounts requested for FY2OO4, rec- Division at Fort Hood, Texas and the 82nd that could link otherwise incompatible local ommended by each House, and approved by Airborne Division from Fort Bragg, N.C., and federal systems. It was reportedly conferees in the final version ultimately en- along with Marines from California and knocked out by flooding. acted. TABLE 6. PREPAREDNESS AND RECOVERY ($ in millions)

FY2003 FY2004 FY2004 FY2004 FY2004 Operational component Enacted Request House Senate Conf.

Title III: Preparedness and Recovery Office of Domestic Preparedness ...... 3,236 3,558 3,513 3,638 4,037 Basic formula grants (state and local) ...... 1,006 — 1,900 1,250 1,700 Emerg. Wartime Supplement. (P.L. 108–11) ...... 1,330 — — — — St. & loc. law enforce., terrorism prevent...... — 500 500 500 500 Firefighter assistance grants ...... — 500 — 750 750 Hi-threat, hi-density urban areas ...... 700 — 500 750 725 Other assistance; national programs ...... 200 2,558 613 388 362

VerDate Aug 18 2005 04:54 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.031 H06SEPT1 H7664 CONGRESSIONAL RECORD — HOUSE September 6, 2005 TABLE 6. PREPAREDNESS AND RECOVERY—Continued ($ in millions)

FY2003 FY2004 FY2004 FY2004 FY2004 Operational component Enacted Request House Senate Conf.

Counter-terrorism fund ...... 160 40 20 20 10 Emergency Preparedness and Response ...... 3,373 4,352 5,110 3,603 4,402 Admin; regional operations ...... 798 165 169 — 171 Operating expenses ...... — — — 827 — Prepare., mitigation, response & recovery ...... — 163 363 150 225 Public health programs ...... 498 434 484 — 484 Biodefense countermeasure (current year) ...... — 890 890 — 890 (advance appropriations) ...... — (4,703) (4,703) — (4,703) Biodefense countermeas. (10–year total) ...... — (5,593) (5,593) — (5,593) Grant programs ...... 169 300 200 165 180 Emergency food and shelter ...... 152 153 153 153 153 Firefighter assistance grants ...... 745 — 760 — — Disaster relief ...... 776 1,956 1,800 1,956 1,800 National pre-disaster mitigation fund ...... — — — — 150 Flood map modernization fund ...... 149 200 200 200 200 National flood insurance fund ...... 89 90 91 110 110 Disaster assistance direct loan program ...... 1 1 1 1 1 Cerro Grande Fire claims ...... — — — 38 38 Misc. adj.; rescissions; transfers; rounding ...... -4 — — 3 — Subtotal: Title III (current year, net) ...... 6,769 7,950 8,643 7,261 8,449 Note: Rounding may affect totals. Amounts for FY2004 do not include a 0.59% across-the-board reduction called for by conferees on H.R. 2673 (Consolidated Appropriations for FY2004), to which the House has agreed, and which awaits Senate action (see page 10). Source: H. Rept. 108–169; S. Rept. 108–86; H. Rept. 108–280 (Conference report).

The SPEAKER pro tempore (Mr. Mississippi, Alabama and Florida them. The Fourth Congressional Dis- REICHERT). Under a previous order of down, and just will not say We let you trict is receiving as many of them as the House, the gentleman from Ne- down. We made a mistake. They, in- we can. The City of Atlanta has opened braska (Mr. OSBORNE) is recognized for stead, try to defend the indefensible. its arms to the victims of this adminis- 5 minutes. Part of the late response comes from tration. (Mr. OSBORNE addressed the House. the fact that 40 percent of the Mis- With interest, I note, on the State His remarks will appear hereafter in sissippi National Guard are in Iraq; 35 Department Web site, that they pro- the Extensions of Remarks.) percent for those of Louisiana are in vide us a clue as to when we are seeing f Iraq; 26 percent of the Florida National misinformation, and what they tell us Guard are in Iraq; and 23 percent of the is that we are being misinformed when The SPEAKER pro tempore. Under a Alabama National Guard are in Iraq. we are being told something that is previous order of the House, the gen- I have seen the interviews that have clearly not true. What the administra- tleman from Oregon (Mr. DEFAZIO) is been done by Aaron Broussard of Jef- tion has said to us tonight, in many in- recognized for 5 minutes. ferson Parish and Malik Rahim in New stances, is clearly untrue. (Mr. DEFAZIO addressed the House. Orleans proper. Aaron Broussard said, And let me just say that it is uncon- His remarks will appear hereafter in ‘‘We have been abandoned by our own scionable that the Secretary of Energy the Extensions of Remarks.) country.’’ Investigative journalists could stand before us tonight and say f sent information to me that Customs’ that he does not know how to bring EXCHANGE OF SPECIAL ORDER Blackhawk helicopter pilots were livid down gas prices, which was the original TIME because they were not allowed to res- reason that I asked for this 5 minutes cue people. tonight. Ms. MCKINNEY. Mr. Speaker, I ask And then in the matter of attitude, f unanimous consent to take the time of and of course, I will be speaking more the gentleman from Oregon (Mr. at length on this on Thursday in a 1- ANNOUNCEMENT BY THE SPEAKER DEFAZIO). hour special order, but in attitude, PRO TEMPORE The SPEAKER pro tempore. Is there FEMA Chief Michael Brown had the The SPEAKER pro tempore. The objection to the request of the gentle- nerve to say, No one was clairvoyant Chair would remind all Members to ad- woman from Georgia? enough to foresee this happening. But dress their remarks to the Chair. There was no objection. there have been studies, there have f f been articles, and this is his job to The SPEAKER pro tempore. Under a KATRINA DISASTER foresee this happening. I have got arti- previous order of the House, the gen- cles from National Geographic and Sci- tleman from California (Mr. DANIEL E. The SPEAKER pro tempore. Under a entific American all saying exactly LUNGREN) is recognized for 5 minutes. previous order of the House, the gentle- what happened and what we witnessed (Mr. DANIEL E. LUNGREN of Cali- woman from Georgia (Ms. MCKINNEY) is unfolding. And then he had the unmiti- fornia addressed the House. His re- recognized for 5 minutes. gated gall to say that people must take marks will appear hereafter in the Ex- Ms. MCKINNEY. Mr. Speaker, I some responsibility. tensions of Remarks.) would like to take this opportunity to Well, Mr. Brown, you need to take re- f join in the remarks of my colleague sponsibility. The SPEAKER pro tempore. Under a about the intensity of feeling that we And, Mr. Bush, you need to take re- previous order of the House, the gentle- have for the people of Louisiana and sponsibility. woman from California (Ms. WOOLSEY) Mississippi and Alabama and, of The Times-Picayune has called for is recognized for 5 minutes. course, Florida on the first stop of Hur- Mr. Brown’s firing, and I have to say (Ms. WOOLSEY addressed the House. ricane Katrina and the situation that that they are absolutely correct. And I Her remarks will appear hereafter in has unfolded literally before our very would just like to ask this administra- the Extensions of Remarks.) eyes. tion to just admit that they messed up f I should also take a moment to com- instead of appearing before the Amer- mend the journalists who have facili- ican people with all kinds of excuses EXCHANGE OF SPECIAL ORDER tated us being able to see what has un- about what they did and what they did TIME folded. Part of what has unfolded is not do, and we are not going to revisit Ms. WASSERMAN SCHULTZ. Mr. sheer incompetence on the part of this the past, we are going to make sure we Speaker, I ask unanimous consent to administration, and the feelings that move forward or we look forward. take the time of the gentlewoman from the people are experiencing result from There are a million people who have California (Ms. WOOLSEY). the fact that we have an administra- been affected by this, dispersed all over The SPEAKER pro tempore. Is there tion who let the American people our country. The State of Georgia has objection to the request of the gentle- down, who let the people in Louisiana, received and is receiving thousands of woman from Florida?

VerDate Aug 18 2005 04:45 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.034 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7665 There was no objection. that the officials that were supposed to tleman from Texas (Mr. BURGESS) is f provide support, safety and security to recognized for 5 minutes. the people in the Gulf States failed. (Mr. BURGESS addressed the House. HURRICANE KATRINA The result was a situation where every His remarks will appear hereafter in The SPEAKER pro tempore. Under a emergency coordinator knew that dis- the Extensions of Remarks.) previous order of the House, the gentle- aster was imminent. However, the ex- woman from Florida (Ms. WASSERMAN isting emergency infrastructure was f SCHULTZ) is recognized for 5 minutes. not there to remove people from The SPEAKER pro tempore. Under a Ms. WASSERMAN SCHULTZ. Mr. harm’s way, and by doing so, it could previous order of the House, the gen- Speaker, first let me say that my have saved their lives. tleman from Indiana (Mr. BURTON) is thoughts and prayers go out to those We cannot as local, State and Fed- recognized for 5 minutes. who have lost loved ones and those who eral officials draw up plans, have a 1- (Mr. BURTON of Indiana addressed have suffered as a result of the destruc- day mock disaster drill, and then pat the House. His remarks will appear tion of this devastating natural dis- ourselves on the back and say our job hereafter in the Extensions of Re- aster. I represent South Florida, an is done here. The government is here to marks.) provide the infrastructure that is nec- area that is far too often in the cone of f error of just about every hurricane essary to prevent deaths from immi- nent disaster and step in immediately The SPEAKER pro tempore. Under a that approaches the United States and previous order of the House, the gen- also home to the last time a Category afterwards to ensure that deaths do not result from the destruction caused by tleman from Maryland (Mr. CUMMINGS) 5 storm hit a United States territory. is recognized for 5 minutes. As I speak here tonight, it is unclear that disaster. I think that the response (Mr. CUMMINGS addressed the how many people have been killed or from the Federal Government fell far House. His remarks will appear here- will ultimately die as a result of this short of that standard. after in the Extensions of Remarks.) storm. What is clear is that America The lesson that Hurricane Katrina has received a wake-up call, and it needs to have taught our government f came in the form of Hurricane Katrina. officials is that the current emergency The SPEAKER pro tempore. Under a Hurricane Katrina calls into question management infrastructure could not previous order of the House, the gen- handle a disaster the size of Katrina, our preparedness as a Nation to deal tleman from Pennsylvania (Mr. and that we must streamline and re- with any kind of major disaster, WELDON) is recognized for 5 minutes. form our disaster preparedness and re- whether it is a natural disaster or a (Mr. WELDON of Pennsylvania ad- sponse. And we have to do it today. Our disaster resulting from a terrorist at- dressed the House. His remarks will ap- Nation’s first priority should be to pro- tack. vide security, safety and infrastructure pear hereafter in the Extensions of Re- This month marks the fourth anni- here at home. It is a disgrace that it marks.) versary of the September 11 attack on took a disaster of such magnitude to our Nation. Our country saw the devas- f bring light to the weaknesses of our The SPEAKER pro tempore. Under a tation that could be caused by a ter- system, and we must take the lessons rorist attack, recognized our previous order of the House, the gen- learned to ensure that such catas- tleman from Ohio (Mr. BROWN) is rec- vulnerabilities and supposedly set trophes do not occur again. about the task of protecting Americans ognized for 5 minutes. At the very least, we need not have (Mr. BROWN of Ohio addressed the as best we could from disaster. The ad- our leaders respond in the fashion that ministration knew about the House. His remarks will appear here- the President and the Speaker of the after in the Extensions of Remarks). vulnerabilities of the levees in New Or- House and a number of other leaders leans. They knew about the level of have in the last 10 days, indicating f poverty that exists in the Gulf States that perhaps they did not think New The SPEAKER pro tempore. Under a that would hamper evacuation plans, Orleans should be rebuilt and perhaps previous order of the House, the gen- and they should have known at a min- the people who did not get out of New tleman from Texas (Mr. GENE GREEN) imum the day before the hurricane hit Orleans made a bad decision. is recognized for 5 minutes. that they would need more law enforce- b 2300 (Mr. GENE GREEN of Texas ad- ment, rescue, medical and evacuation dressed the House. His remarks will ap- personnel. We need to think about the where- pear hereafter in the Extensions of Re- And herein lies the problem: They withal that people in these commu- marks.) knew about these problems as we know nities had prior to the storm, and we about many problems and need to give them that wherewithal to f vulnerabilities that exist throughout move forward and go on so we can re- The SPEAKER pro tempore. Under a other cities nationwide, yet we have build New Orleans and make sure that previous order of the House, the gen- been slow to act to improve the situa- we never have to stare down a hurri- tleman from Oregon (Mr. BLUMENAUER) tion. I represent a city, the City of cane the magnitude of Katrina and not is recognized for 5 minutes. Miami, which is the third poorest in be prepared as we were in this storm. (Mr. BLUMENAUER addressed the the Nation. In prior years, local offi- f House. His remarks will appear here- cials in New Orleans recommended a The SPEAKER pro tempore (Mr. after in the Extensions of Remarks.) plan that would have cost $14 billion to WESTMORELAND). Under a previous f order of the House, the gentleman from reinforce the levee and pump system The SPEAKER pro tempore. Under a Texas (Mr. POE) is recognized for 5 that keeps New Orleans safe. The State previous order of the House, the gen- of Louisiana sent out a call for help minutes. (Mr. POE addressed the House. His tleman from New Jersey (Mr. PALLONE) that the project was too big, and they is recognized for 5 minutes. needed Federal assistance to even remarks will appear hereafter in the Extensions of Remarks.) (Mr. PALLONE addressed the House. begin the project. And the pleas for His remarks will appear hereafter in help from State and local officials fell f the Extensions of Remarks.) on deaf ears in the White House and The SPEAKER pro tempore. Under a Congress. previous order of the House, the gen- f Let us put the New Orleans levee tleman from Illinois (Mr. EMANUEL) is The SPEAKER pro tempore. Under a construction into perspective. We recognized for 5 minutes. previous order of the House, the gentle- spend over $1 billion a week on oper- (Mr. EMANUEL addressed the House. woman from Texas (Ms. JACKSON-LEE) ations in Iraq and Afghanistan, and we His remarks will appear hereafter in is recognized for 5 minutes. just handed out $14 billion to oil com- the Extensions of Remarks.) (Ms. JACKSON-LEE of Texas ad- panies in President Bush’s energy bill f dressed the House. Her remarks will we passed this summer. What is the ul- The SPEAKER pro tempore. Under a appear hereafter in the Extensions of timate lesson of Katrina? The lesson is previous order of the House, the gen- Remarks.)

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.041 H06SEPT1 H7666 CONGRESSIONAL RECORD — HOUSE September 6, 2005 The SPEAKER pro tempore. Under a The second challenge is rebuilding recess, working in everything from re- previous order of the House, the gentle- the entire gulf coast region, and that is lief positions to the gentleman from woman from California (Ms. LEE) is going to be a long and arduous task Louisiana (Mr. BOUSTANY), one of my recognized for 5 minutes. and one that is going to require the colleagues, a physician, who helped in (Ms. LEE addressed the House. Her dedication and commitment of the en- the start-up of hospitals, coordinating remarks will appear hereafter in the tire Nation. rescue operations from his district in Extensions of Remarks.) But the third thing that I think we Lafayette. I look at communities in f must be aware of as leaders and as the the surrounding States and throughout The SPEAKER pro tempore. Under a House of Representatives is the effect the country who have responded with previous order of the House, the gen- on our economy. an incredible amount of magnanimity, of charity, of compassion, of love and tleman from Texas (Mr. DOGGETT) is So tonight I am joined by the gen- recognized for 5 minutes. tleman from Kentucky (Mr. DAVIS). We outreach to see these people have a (Mr. DOGGETT addressed the House. would like to discuss the effects of hope and an opportunity and a future. In some ways, Mr. Speaker, I have to His remarks will appear hereafter in Katrina that we see and the things that share candidly, as a former military the Extensions of Remarks.) we think the Nation should be aware of as we move into the days ahead. I professional, I was somewhat dis- f would like to discuss some of the re- appointed with some of the media cov- The SPEAKER pro tempore. Under a sponses that we have seen and some erage. I felt that it neglected many of previous order of the House, the gentle- that we have not seen. the great works that were being per- woman from Florida (Ms. CORRINE But at this point, I yield to the gen- formed by people in hidden places BROWN) is recognized for 5 minutes. tleman from Kentucky (Mr. DAVIS) to throughout the communities that were (Ms. CORRINE BROWN of Florida ad- talk about his perceptions of the dis- affected. Just as an aside, the Coast dressed the House. Her remarks will aster and the destruction that we have Guard rescued more people in the last appear hereafter in the Extensions of seen. week than four times what it would do Remarks.) Mr. DAVIS of Kentucky. Mr. Speak- in a typical year. That is simply re- f er, I thank the gentleman for yielding markable, the ability to stage those re- The SPEAKER pro tempore. Under a to me. sources in there and begin that re- previous order of the House, the gen- This tragedy is of grave proportions, sponse. When I look at the amount of tleman from South Carolina (Mr. CLY- as evidenced by the unprecedented rescues that have had to be performed BURN) is recognized for 5 minutes. meeting of the President’s Cabinet here for nearly 60,000 people who were (Mr. CLYBURN addressed the House. tonight, Mr. Speaker, who spent 3 trapped on rooftops and structures, His remarks will appear hereafter in hours with us discussing a wide range public safety professionals, military the Extensions of Remarks.) of responses from government agen- professionals, National Guard re- sources from all over the United States f cies, of agencies of the State as well as are pouring in. Even before the storm The SPEAKER pro tempore. Under a the local level, but particularly look- hit, resources were being mustered previous order of the House, the gentle- ing at the response that was engen- around the United States, even from woman from Indiana (Ms. CARSON) is dered by this. I think the one thing that we can our own fourth district. recognized for 5 minutes. The day after the storm, I ran into clearly say, looking at history, looking (Ms. CARSON addressed the House. early Tuesday morning a convoy of ve- at this response and looking at others Her remarks will appear hereafter in hicles from our own Owen Electric Co- is there is no substitute for leadership the Extensions of Remarks.) operative that had been on two prior and initiative, particularly on the f hurricane responses and were on their front lines and in the local level; and HURRICANE KATRINA way to lower Mississippi to the central there are countless stories of individ- staging area. There was a concerted re- The SPEAKER pro tempore. Under uals and communities who rose to the sponse of private groups, of public the Speaker’s announced policy of Jan- occasion, ranging from mayors of small groups coming together to deal with uary 4, 2005, the gentleman from New cities, pastors of churches, small busi- the tragedy whose magnitude no one Mexico (Mr. PEARCE) is recognized for ness owners who all gave of themselves could have imagined. 30 minutes as the designee of the ma- to make a tremendous difference, as For a week now, we have watched the jority leader. the military and national response was heartbreaking scenes of death and de- Mr. PEARCE. Mr. Speaker, we have able to come into an area that was dev- struction in Mississippi, Alabama, and seen unprecedented suffering in this astated and largely inaccessible. I Louisiana. So many people left home- Nation in the last weeks. No one in would point out that the response has less, left without anything except the this country has been able to com- been actually unprecedented in scale. clothes they were wearing and one or prehend the size and scope of the de- When we think about this, I would two precious items that they could struction. To put it into perspective, like to bring some perspective to my grab as the flood waters deluged their one of my colleagues pointed out that colleagues. No disaster, no natural dis- homes. As we grieve over this unimagi- the size of the area affected is the size aster, has struck this Nation of the nable horror, we have also watched in of Wyoming. Another pointed out that proportions that Hurricane Katrina has unmistakable awe ordinary people who the size of the area affected was equal in terms of its devastation and its im- have opened their hearts, their homes, to the nation of Great Britain. So as pact. Nearly 90,000 square miles were their pocketbooks to these storm vic- we talk about our failures and our suc- affected by this. That is an area ap- tims. Families who have little to spare cesses, I think it is important that we proximately the size of Great Britain, themselves are taking in entire fami- really discuss Katrina in an overall approximately the size of the State of lies of strangers simply because some- view. Wyoming. When we begin to look at one else is in need. This is the Amer- I know that from my perspective that, I do not believe that there is any ican way of selflessness and generosity. there are going to be three major chal- agency that had fully prepared or built There is no ulterior motive, no agenda; lenges. We have to deal with the the infrastructure for that level and and there is nothing but the simple de- human suffering that is felt by every certainly the city of New Orleans did sire to help, to lend a hand, to rein- one of the families who have lost loved not have the wherewithal, just the sim- force the dignity of every individual ones but also by those people who are ple hydraulics and physics of it. who is affected by this great tragedy. displaced. So the human suffering in But the one thing that I want to The city of Houston, Texas, has done terms of jobs lost and regaining jobs of point out is that people in neighbor- something unprecedented. And I point any sort, regaining an income in order hoods rose to the occasion, individual out that in the tsunami and in other to pay for current expenses, some way citizens rose to the occasion. And disasters in other parts of the world no to access the safety nets that this Na- many of my colleagues have risen to country, no people have ever responded tion is providing, that is one challenge the occasion, abandoning the legisla- with the level of outpouring of re- of the problem. tive role during that last week of the sponse of individuals to local, State

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.054 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7667 and Federal Government agencies as beth’s Hospital in Florence, recently carefully and orderly to be sure that we have seen in the last 7 days. I think sent about 15 medical personnel, in- the supplies reach the people who need that is an important point of perspec- cluding a dozen nurses and two pallets them the most. People in the disaster tive that we keep in mind. The level of of medical supplies to a staging center areas need to know they are cared this tragedy was equal in magnitude to in Louisiana. St. Luke’s Hospital, also about; there is concern and outpouring any of the countries that were hit by in Florence, also sent medical per- from around this Nation; and this the tsunami, and when we look at the sonnel to the Gulf Coast. And my country will not let up until every per- response of our people here, it has been church, Grace Evangelical Free son is found; and no one will be left be- simply phenomenal from a perspective Church, is sending its third truckload hind. of infrastructure. of supplies to the region this weekend. We also have to give thought to the In that outpouring in Houston alone, Last Tuesday morning, as I men- Housing issues in the long term to 225,000 people have been received into tioned, the utilities crews that were those who have lost their homes in the that city. The people of Texas have set heading south, not to mention truck- wake of this deadly storm. So many an example of compassion and leader- loads of equipment that passed through cities throughout this nation are tak- ship. Other States around the country my district on I–75 headed toward the ing in evacuees on what is being called are receiving people, colleges, univer- disaster areas. We have seen vehicles a temporary basis. Mobile home manu- sities, communities, homeless shelters coming from as far away as Canada, facturers in our area are responding even. And I look at that, and I see in but from all over the United States, with upgraded production and, in many virtually every State, all of our States that are converging to provide the re- cases, donated mobile homes to be sent along the Ohio Valley, where I live, are sources to help stabilize that situation into the disaster areas, as is happening seeing the same level of compassion. It and rebuild it. This is a beacon of out- around the country. There is a long- has been simply overwhelming. They standing response. There is no perfect term need for housing, for schools, that have responded to a grave situation by response to any unpredictable situa- needs to be addressed, and it will be ad- giving hope, by giving opportunity, and tion, but I want to look at and com- dressed by this body as well as local helping communities to ultimately re- mend the adaptability of our people governments, and it must be addressed establish while the water is being re- who have responded on the scene and sooner rather than later. moved, while an infrastructure that no those who have opened their pocket- I think those of us who are in a deci- longer exists is being put back in place. books, opened their resources and lent sion-making position who have not Things that are important to remem- their hands from around the United been directly impacted by this tragedy ber from a standpoint affecting the en- States. have overcome our initial shock. We tire country as we are dealing with the The city of Covington, Kentucky, are past denying that it is not going to human tragedies, we are dealing with sent a truck loaded with water, sports turn out as badly as we think. The the health care issues, as we are pro- drinks and other provisions to its unof- harsh reality is it turned out much viding refuge for those who are affected ficial sister city of Covington, Lou- worse than anyone could have imag- by this storm, crews from industry, isiana. There was a report of a woman ined or frankly could have planned for. from the private sector, from our na- who arrived in Covington in a beat-up Now we need to focus on long-term so- tional security organizations have re- car and who was described in a news- lutions for the evacuees, the survivors sponded. By the end of this week, our paper report as not looking ‘‘like she and rebuilding the region and the econ- national refineries in the gulf will be had a penny to spend,’’ but she brought omy and the communities that these back at 95 percent of production. That $100 worth of supplies because she sim- people have spent their lives building is a tremendous statement. ply cared. Covington City officials were prior to this impact. b 2310 also waiting to learn how many people I think, in the long term, the ulti- Our pipelines are going to be open would be traveling to their area of mate benefit of this is going to be a again to make sure that that critical northern Kentucky for temporary great demonstration of the American infrastructure is working. The on- housing. Northern Kentucky Univer- spirit, Mr. Speaker, but also along water transit capability is going to be sity is reaching out to take in as many those same lines, in this new world back in operation very shortly, and students as it possibly can. Commu- that we live in today, the silver lining hopefully, we will see that port open nities around our district, as with in this is going to be a response to po- up. Why that is so important is restor- many, many congressional districts tential great disasters that could befall ing normalcy and restoring employ- around this country, are responding this country. God forbid they ever hap- ment, vocation, jobs and restarting with an openness and a charity that I pen, but the lessons that we should that market economy and rebuilding think sets an example of brotherly love learn out of this will provide the wis- the foundations of those communities and compassion that honors the spirit dom, the knowledge, the planning in- over time. of our founders in this country. frastructure to respond to far greater I think it is also important to re- Then, there is Mike Detzel and Dave threats that may emerge in the future. member what the national response is. Yeazell who loaded up a van with 3,900 I thank the gentleman for the oppor- During Operation Iraqi Freedom, it bottles of water and drove south from tunity to share. I appreciate his leader- took nearly 6 months to stage the Florence, Kentucky, to Slidell, Lou- ship on this issue and his ability to put 250,000 troops into Iraq, including the isiana. Prior to making this trip, Mr. this together on such short notice. infrastructure that they needed, only Yeazell gave money to the Red Cross Mr. PEARCE. Mr. Speaker, I thank crossing one major water obstacle, a and Mr. Detzel and his wife offered the gentleman from Kentucky for his river with most of the bridges intact. spare rooms in their homes to the evac- comments and for his heartfelt expres- As of tomorrow, there will be nearly uees. But like so many others, they sions of what this Nation is about. 50,000 soldiers in the disaster area, mo- wanted to do more. I wanted to discuss briefly the fact bilized in less than 1 week. That, again, One of the things I have always ad- that there is great concern about the is a testimony to the resourcefulness of mired most about our country is our responses of our Nation, and we were the response and capability of our mili- willingness to give and to want to help. treated tonight to an unprecedented, tary, of our National Guard, and I We respond to international tragedies unprecedented in my tenure here in think they need to be commended for with such an outpouring of generosity this Congress, 3 hours from administra- what they are doing. Our first respond- that we are left breathless by the mo- tive Cabinet-level Secretaries being ers have done an outstanding job. mentum. And now that we have been here to address this House of Rep- Many are overwhelmed, out of re- hit here at home by a tragedy of al- resentatives and answer questions and sources, are taking the initiative to do most biblical proportions, it seems be accountable. The information the things that are necessary to make there are no boundaries to the gen- shared was extremely timely and was sure that lives can be saved, that peo- erosity of our people and the response poignant. ple can be kept healthy. from around the United States. I would point out that one of the In my district, Kentucky’s Fourth, As difficult as this time is for the most impressive things to me was the the largest medical center, St. Eliza- storm’s victims, we must approach this responses of our military, and again, as

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.059 H06SEPT1 H7668 CONGRESSIONAL RECORD — HOUSE September 6, 2005 we talk about the numbers of military, to be done. So as we in this city begin or the diesel from the basic crude oil keep in mind that they may sound like to concentrate on recriminations and that comes from the oil well, and then a lot, but spread over 90,000 square asking for resignations, what we are the trucking to local service stations; miles, spread over the entire region of actually doing is distracting from and at that point, then you, as con- Great Britain, then we begin to under- those people who are actually on-site sumers, would drive up to the service stand just the proportions of responses and trying to go through their jobs. station and access the fuel. that were actually required. There will be plenty of time to give And what we see over here as a price, Before the hurricane ever struck, a consideration to the problems and the generally, the average price across the state of emergency was declared by the flaws that we did face. But at the cur- country has dropped a couple of cents President. So we had a couple of days rent point I think that our administra- in the last couple of days. But basically of lead time before Katrina actually tion is focused correctly on what we right now the retail price average for begins to hit and move. This is a time should be doing currently to ease the the Nation is about $3.04. line from August 26, 27, 28 and on, so we suffering of those people who have been If we consider the source of that have Katrina hitting Florida about this displaced, to regain the control of the $3.04, where does that number come point. We have already at that point city’s infrastructure, to re-establish from, we have got a couple of charts activated troops in both Louisiana, the infrastructure in the city and in that are extremely instructive. And listed in blue, and then Mississippi, the rural areas that surround New Or- the first one would show that when we listed in green. So we have activated leans, but also dealing with the misery have $3.04 of gasoline at the pump, that troops prior to the hurricane actually of lost lives. a $1.70 of that is created from the cost moving into the Gulf. The one thing that I think is ex- of crude oil itself. Refining creates As it moved closer and closer into tremely important for us to address $0.79 of the $3.04, and then the taxes New Orleans and actually strikes New with respect to New Orleans is the eco- that we add on top of that are the Orleans at this point, we can see that nomic impact that we are going to face equivalent of $0.55. the troop level is now at 5,000, most of just from the loss of refining capacity. Now, you can see that the cost of those troops in Mississippi; about half I have had good questions that are crude oil is the dominant component. in Mississippi and about 40 percent in raised by constituents and friends of About 55 percent of the price that you Louisiana. Then, the next day, we have mine about why the price of gasoline pay at the pump is going to come from an increase then to almost 8,000. With- would be jumping as it relates to this the price of oil. So as we talk about the in 24 hours, now we are up to 10,000 emergency, and so I would like to go price of oil nationwide, it is in the high troops, and we can see that the in- through just a brief discussion about $60 range, and then has recently peaked crease of troops has gone to where we the components of production and the up almost into the 70 or maybe into the have now 60,000 troops mobilized and price of gasoline. $70 range, and then has decreased back on scene in this 90,000-square-mile re- We, first of all, need to be aware that down. And you would ask what effect is gion. Tomorrow, there will be an addi- gasoline is the end product, that we ac- Katrina going to have on the price of tional 10,000 troops. We will have at tually get it as a refined product of gasoline at the pump, and why would it that point about 70,000 uniform per- crude oil. To get crude oil, the first have the effect. sonnel. About 43,000 of those are Na- thing that we must do is to drill wells. The chart that I have got here shows tional Guard members, and about 17,000 And so, as I just put up here the basic the track of Katrina coming in. It of the ones on duty today are active sequence of getting refined gasoline, came across Florida, swung down into duty military. the first thing that we have to do as a the gulf. Actually as it cleared through But we also have to understand that Nation is drill oil wells or gas wells. Florida, it decreased to about a Cat- the Coast Guard was able to be acti- And be aware when we are talking gas egory 1 storm, and the speculation was vated, and the Coast Guard rescued we are talking natural gas, not gaso- early that it would simply bring rain more people, about three times more line. But we drill. And when we drill across the southern gulf coast. But people in this 1-week period than they successfully, we have oil that then what it actually did was circulate out normally rescue in about a 1-year pe- must go through pipelines, and so we south into the gulf, pick up energy riod. About 60 percent of the heli- have got a transportation question from the systems that were already in copters available to the Coast Guard here. the gulf, and then it swung back to- were actually activated and being used. Once the pipelines conduct the oil, ward the gulf coast here. usually it is carried to refineries, and And what is depicted right here in b 2320 so we have got the refinery then ac- the dark zones are the oil platforms off And one of the problems that we cepts the oil, and from the refinery the coast of southern U.S. there and faced is that communications through- then we get to usually a series of prod- the Gulf of Mexico. Also, we have got out the region were just almost non- ucts. But the ones that most of us refineries that are listed here. existent; and especially as you went would be familiar with would be that So two things happened that are deeper into the highly populated area we get either gasoline, which we get at going to affect the price of gasoline as of New Orleans, the flood waters oblit- the pump, or we get diesel which, far as this storm is concerned. One is erated most of the communications again, many of our trucks going across we lost some production from these systems. The wireless communications the highways would use. platforms off in the Gulf of Mexico. But were not available. Cell phone commu- Finally, then jobbers, these are inde- then secondly, we lost almost all of the nications were not available. The reg- pendent, usually, operators who would refining capacity here in this region ular telephone communications were go to the refinery and pick up gasoline around Mississippi, Alabama, and Lou- not available. So even if we had people in 10 or 12,000 lots and deliver it to isiana. Now, that represents about 25 there and on-site, they could not nec- service stations. So we then have the percent of our Nation’s refining capac- essarily be directed right to the points trucking from the refinery and finally ity. where the problems were. to the service station. We heard testimony tonight from the But the responses that many are Now, that entire process is very com- Secretary of Energy that much of that finding inadequate, and we have to plex. Just the drilling of the oil well refining capacity is shut down simply admit as a Nation, the President, I might take 30 to 50 days, even for shal- temporarily. We have got about four of think, said it best, that he appreciated low oil wells. For the deep ones like the 13 refineries that are going to suf- the strength of responses, but they did you see offshore from New Orleans, we fer long-term damage, and it is still un- not result in the kind of results we are talking billions of dollars and years known. But let us say that we lose would have wanted to have. to literally put these facilities into about 20 percent of our refining capac- But once we get past that, we must place. ity. Then we can see that what we are evaluate what we should do in the fu- But then the conducting of the oil doing is we are going to limit the ture, not just try to point fingers in through the pipelines. Again, we put it amount of gasoline that is produced, the current circumstance. I would in the refinery. It is at that point we and it is going to drive the price high- point out that there is still much work begin to extract the oil or the gasoline er.

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.061 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7669 We have got several things that are ply of crude oil, it is not going to be tell you that mostly what we did are driving the price of gasoline higher that large of an effect. Again, the larg- things that would, long term, begin to right now worldwide. One of the factors est effect coming from the restrictions limit our need for mostly natural gas. that we tend not to think of, we under- to our refining capacity that we are Natural gas is used to produce elec- stand as a Nation we have increased going to find. tricity, and we had great stimulation population and we have increased the Now, as a side note, we as a Nation in the bill which would affect nuclear. amount of driving, and so we know have chosen to limit the amount of We have also had great stimulation for that we, as a Nation, are demanding crude oil that we produce so that we many other renewables, both solar, more petroleum products, more gaso- import more crude oil today than ever wind, bio-mass and other forms of re- line. before in our Nation’s history. We im- newables energy. But those are long ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE port about 13 million barrels a day, term. The SPEAKER pro tempore (Mr. most of it coming from the Middle The only thing that really would af- WESTMORELAND). The gentleman from East, from Saudi Arabia, Kuwait and fect the price of gasoline today is to in- New Mexico (Mr. PEARCE) is recognized those nations. We also get oil from crease the amount of crude oil produc- for the remaining 30 minutes. Mexico. We also get oil from Ven- tion; that is drilling for more wells or Mr. PEARCE. The thing that we do ezuela. to increase our refining capacity. Ei- not often think about that drives this Now, another factor that is going to ther one of those could have an effect price higher is the fact that the emerg- very much affect the price of gasoline on the price of gasoline today. But ing nations, China and India and the that we pay at the pump will be that again, we, as a Nation, politically have other emerging nations, are demanding Venezuela is currently talking to the decided in the past not to do that. And tremendous high quantities of fossil nation of China, and China is trying to those are questions that we need to be fuels because that is the fuel of emerg- talk them into a 100-year contract with asking ourselves right now. ing economies. It is the fuel of our all of the production from Venezuela How high is the price of gasoline economy. going to China for the next 100 years. going to go before we think that we as Now, we as a Nation get 15 percent of a Nation should permit more refineries b 2330 our imported oil from Venezuela. So to be built? I think that we have passed So worldwide, the demand for oil and you can imagine that, if that contract that point. gas is spiraling up, and yet we have goes through with China, taking away Now, my office, I am going to intro- limited supplies. Now, we as a Nation the production that we currently get duce in the coming week, we are pro- have made decisions that limit, first of from Venezuela, sending it to China, posing legislation that would in re- all, the supplies of gasoline because we that we are going to see possibly a 10 sponse to Katrina take the Federal ex- have not permitted new refineries in or 15 percent jump in prices. cise tax off of gasoline. Currently, the past 30 years. It has been almost 30 Now, we have made choices to limit again, referring back to our chart, the years since we have built a new refin- the amount of drilling that we do in price of gasoline is about $3.04; 55 cents ery. And only this year, earlier this this Nation so that we will be more im- of that $3.04 is made up of taxes. About year, did we even permit a new refin- mune to price manipulation from over- 18.4 cents is a Federal tax. And our sug- ery, and it has not yet been built. seas from those countries that would gestion is that we as a Nation consider So one of things that is escalating import or export into us, and some of limiting that tax for a period of 6 the price of gasoline is that we have those choices are, for instance, in months, so that the price of gasoline reached our capacity in refining. Not ANWR. Back in 1995, this Congress, would fall immediately by 18.4 cents. only is the price of crude oil going up, both House and Senate, voted to drill And so you can see that we would be it has gone from $25, 3 or 4 years ago in ANWR. That is an oil preserve, a back under $2 a gallon for gasoline. But now, to $67, so that you can see the wildlife preserve in Alaska. And there that is merely a short-term solution. dominant cost of a price of gasoline was a piece set aside strictly to do this In the long term, if we want to affect coming from crude oil about 55 percent, drilling which has been stalled out by the price of gasoline, we must increase we would expect that that would drive extremists. And so we as a Congress, refining capacity or we must increase the price of gasoline higher. But then both House and Senate, passed a bill drilling. In the past, we have imple- we have arbitrarily as a Nation chosen which would allow drilling in ANWR, mented different methods of or dif- to limit our productive capacities be- and President Clinton then vetoed ferent measures which would restrict cause of the unnecessarily complex that. If we had passed that bill and had our capabilities or voluntarily restrict regulatory procedures that affect the it signed at that point, we would be ex- our use, but what we found is, as we permitting of new refineries. periencing about a million and a half got more mileage in cars, then people Now, those are choices that we have barrels a day of production which simply drove more because they are made, and we are at the absolute ca- would come down to this area. going to spend a certain amount of pacity of our Nation to produce gaso- Now, again, that is about the amount their budget for mobility. That is the line so that, for the first time in our that we have gone in the past, and way we as Americans are. Now we can Nation’s history, we began to get gaso- when we would get price spikes, we agree or disagree with it, but we found line in through imports, and that is not would go to the Saudi Arabians and that those measures that were designed a good sign for the future of our econ- ask them if they would increase pro- solely to increase the mileage of our omy because our economy, again, is duction by a million and a half barrels cars in the past actually did not lower built on affordable energy. We, now, a day to help us lower the price of gas- the demands for gasoline, but simply then, again with Katrina coming in to oline at the pump and keep our econ- we drove more miles demanding more the Gulf Coast region, we have lost omy on sound footing. But we instead gasoline. somewhere between 5 and 20 percent of did not pass that bill that would allow Now, one of the effects that I would our refining capacity. That is going to the drilling in ANWR, and we as a Na- like to visit about briefly before we fin- then drive down the supply of gasoline tion now are facing these $3.04 aver- ish is this trucking. Now, in my chart available at the pump which is going to ages. That is an average price. Actu- here, again we have got drilling, pipe- drive this price up. Now, the effect on ally, some places are paying a much lines, refining, trucking to our local our offshore platforms will not be such higher price, but we are experiencing community and then the service sta- a large effect. these prices of gasoline because of past tion. But if we think of trucking in ad- This Nation uses approximately 21 decisions that we have made to limit dition to not only trucking the gaso- million barrels a day. The Gulf Coast drilling. This is ourselves. We as a Na- line from the refinery to a service sta- region produces about 1.5 million bar- tion are limiting our drilling, but we tion, then putting it in tanks at the rels of crude oil a day, and so you can also have limited our refining capacity. service station, if we think about the see that less than 5 percent of our pro- Now, the energy bill that we passed trucking of all the goods and services ductive capacity comes from this re- recently, people would ask exactly along the highways; when you are driv- gion. So even though we suffered some what effect is that going to have on the ing along and you see the motorcades damage as a percent of our overall sup- price of gasoline at the pump. I would of hundreds of thousands of 18 wheelers

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.062 H06SEPT1 H7670 CONGRESSIONAL RECORD — HOUSE September 6, 2005 moving along, those are taking goods New Orleans not only has the refining Ms. KAPTUR, for 5 minutes, today. that have been produced across this capacity, they not only have the off- Mr. DOGGETT, for 5 minutes, today. Nation and delivering them to the shore platforms through Louisiana, off- Ms. CORRINE BROWN of Florida, for 5 points of use or marketing and that shore from Mississippi and Texas, but minutes, today. those truckers are experiencing ex- they process many, many of our grain Mr. CLYBURN, for 5 minutes, today. tremely high cost increases because crops on the way outbound as we ex- Ms. CARSON, for 5 minutes, today. they demand a lot of energy. port them. Many of the imports coming Mr. SCOTT of Georgia, for 5 minutes, today. b 2340 in come through New Orleans. It is an extremely vital and important part of Ms. WASSERMAN SCHULTZ, for 5 min- They demand a lot of diesel, and the this Nation, and I join with the rest of utes, today. price of diesel is extraordinarily high my colleagues on both sides of the aisle (The following Members (at the re- right now. saying that we feel like that the days quest of Mr. DAVIS of Kentucky) to re- So we have tremendous downward ahead will see the most magnificent re- vise and extend their remarks and in- pressure on our economy. It is one of sponses to some of the most deeply felt clude extraneous material:) the reasons that we are suggesting that problems this Nation has ever seen, Mr. GUTKNECHT, for 5 minutes, today. the Federal taxes could be deleted for a from either a natural or unnatural dis- Mr. OSBORNE, for 5 minutes, today period of 6 months to give us a chance aster. and September 7. to evaluate just what the effect of this Mr. Speaker, I thank the Chair for al- Mr. DANIEL E. LUNGREN of California, storm Katrina is going to be, but in ad- lowing me to address the situations for 5 minutes, today. dition, it allows us to begin to have that have occurred in the Gulf Coast. Mr. POE, for 5 minutes, today and this debate on how complex do we have September 7 and 8. f to make it for ourselves to build new Mr. BURGESS, for 5 minutes, today refineries. LEAVE OF ABSENCE and September 7. I think we know the elements of re- By unanimous consent, leave of ab- Mr. BURTON of Indiana, for 5 minutes, fining that would create difficulties in sence was granted to: today and September 7 and 8. our environment. No one is going to Ms. BERKLEY (at the request of Ms. Mr. NORWOOD, for 5 minutes, Sep- watch as our environment is spoiled, PELOSI) for today and the balance of tember 8. but right now, we are limiting our- the week on account of medical rea- Mr. GINGREY, for 5 minutes, Sep- selves arbitrarily, even though we sons. tember 7. know the safety standards that we need Mr. CARDIN (at the request of Ms. Mr. WELDON of Pennsylvania, for 5 to implement. I, for one, feel like we PELOSI) for today. minutes, today. can do both. We can have safety and Mrs. MALONEY (at the request of Ms. Mr. PETERSON of Pennsylvania, for 5 create new refineries at the same PELOSI) for today and the balance of minutes, September 7. point. Likewise, we have limited drill- the week on account of illness in the f ing for the same purpose. I think that family. SENATE BILLS REFERRED we can drill in an environmentally safe Mr. MELANCON (at the request of Ms. manner, and we are going to either PELOSI) for today and the balance of Bills of the Senate of the following have to do that or watch as the price of the week on account of district busi- titles were taken from the Speaker’s our energy increases. Katrina has sim- ness relating to Hurricane Katrina. table and, under the rule, referred as ply accentuated the pressures that al- Mr. TAYLOR of Mississippi (at the re- follows: ready existed inside our economy, and quest of Ms. PELOSI) for today and the S. 172. An act to amend the Federal Food, it is time for us, as a Nation, to look at balance of the week on account of dis- Drug, and Cosmetic Act to provide for the the effects of our decisions in the past. trict business relating to Hurricane regulation of all contact lenses as medical I would like to conclude my state- devices, and for other purposes; to the Com- Katrina. mittee on Energy and Commerce. ments this evening by saying that, Mr. CONAWAY (at the request of Mr. S. 501. An act to provide a site for the Na- again, our hearts and our prayers go DELAY) for today and the balance of tional Women’s History Museum in the dis- out to the people who have been suf- the week on account of a death in the trict of Columbia; to the Committee on fering tremendously from this storm. family. Transportation and Infrastructure. We have seen the hearts of the Nation Mr. PICKERING (at the request of Mr. f open up and accept these people who DELAY) for today on account of Hurri- ENROLLED BILL SIGNED have been dislocated and have been cane Katrina. Mr. Trandahl, Clerk of the House, re- taken in all across the Nation, into f homes and into churches and into the ported and found truly enrolled a bill Astrodome in Texas. I think that SPECIAL ORDERS GRANTED of the House of the following title, speaks so well of the compassion of By unanimous consent, permission to which was thereupon signed by the this Nation and of our willingness to address the House, following the legis- Speaker: give of ourselves at a point where lative program and any special orders H.R. 3645. An act making emergency sup- someone else is suffering. heretofore entered, was granted to: plemental appropriations to meet immediate I think that in the days ahead we are (The following Members (at the re- needs arising from the consequences of Hur- ricane Katrina, for the fiscal year ending going to see this Nation pool its re- quest of Ms. MCKINNEY) to revise and September 30, 2005, and for other purposes. sources, to pool its ingenuity together. extend their remarks and include ex- We are going to see people really begin traneous material:) f to buckle down to approach the prob- Mrs. MCCARTHY, for 5 minutes, today. BILL PRESENTED TO THE lems that we, as a Nation, are facing Mr. DEFAZIO, for 5 minutes, today. PRESIDENT right now, and in a unified fashion, I Ms. WOOLSEY, for 5 minutes, today. Jeff Trandahl, Clerk of the House re- think that we will see New Orleans Mr. EMANUEL, for 5 minutes, today. ports that on September 2, 2005 he pre- cleaned up. I think that we will see a Ms. MCKINNEY, for 5 minutes, today. sented to the President of the United rebuilding effort across the entire Gulf Mr. CUMMINGS, for 5 minutes, today. States, for his approval, the following Coast region. I think that we will see Mr. BROWN of Ohio, for 5 minutes, bill. those economies come back into those today. H.R. 3645. Emergency Supplemental Appro- States and communities that have been Mr. GENE GREEN of Texas, for 5 min- priations Act to Meet Immediate Needs Aris- devastated by these current situations. utes, today. ing From the Consequences of Hurricane Again, we, as a Nation, owe it to our- Mr. BLUMENAUER, for 5 minutes, Katrina, 2005. selves to understand the full ramifica- today. f tions of what we face, and we owe it to Mr. PALLONE, for 5 minutes, today. ourselves to reinvest in those areas Ms. JACKSON-LEE of Texas, for 5 min- ADJOURNMENT that have been so prolific and are so utes, today. Mr. PEARCE. Mr. Speaker, pursuant important to this Nation’s economy. Ms. LEE, for 5 minutes, today. to House Resolution 422, I move that

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.063 H06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — HOUSE H7671 the House do now adjourn in memory cy’s final rule — 2-amino-4, 5-dihydro-6- 3646. A letter from the Principal Deputy of the late Hon. William H. Rehnquist, methyl-4-propyl s-triazolo (1,5-alpha) Under Secretary for Personnel and Readi- Chief Justice of the United States. pyrimidin-5-one (PP796); Exemption from the ness, Department of Defense, transmitting The motion was agreed to; accord- Requirement of a Tolerance [OPP-2005-0141; authorization of Major General Richard S. FRL-7728-1] received August 10, 2005, pursu- Kramlich, United States Marine Corps, to ingly (at 11 o’clock and 44 minutes ant to 5 U.S.C. 801(a)(1)(A); to the Committee wear the insignia of the grade of lieutenant p.m.), pursuant to House Resolution on Agriculture. general in accordance with title 10 United 422, the House adjourned until tomor- 3637. A letter from the Principal Deputy States Code, section 777; to the Committee row, Wednesday, September 7, 2005, at Under Secretary for Personnel and Readi- on Armed Services. 10 a.m. in memory of the late Hon. Wil- ness, Department of Defense, transmitting 3647. A letter from the Principal Deputy liam H. Rehnquist, Chief Justice of the authorization of Lieutenant General Robert Under Secretary for Personnel and Readi- United States. Magnus, United States Marine Corps, to ness, Department of Defense, transmitting wear the insignia of the grade of general in authorization of Major General John L. Hud- f accordance with title 10, United States Code, son, United States Air Force, to wear the in- section 777; to the Committee on Armed signia of the grade of lieutenant general in OATH OF OFFICE MEMBERS, RESI- Services. accordance with title 10 United States Code, DENT COMMISSIONER, AND DEL- 3638. A letter from the Principal Deputy section 777; to the Committee on Armed EGATES Under Secretary for Personnel and Readi- Services. The oath of office required by the ness, Department of Defense, transmitting 3648. A letter from the Principal Deputy authorization of Major General William E. Under Secretary for Personnel and Readi- sixth article of the Constitution of the Mortensen, United States Army, to wear the ness, Department of Defense, transmitting United States, and as provided by sec- insignia of the grade of lieutenant general in authorization of Major General Joseph F. tion 2 of the Act of May 13, 1884 (23 accordance with title 10 United States Code, Weber, United States Marine Corps, to wear Stat. 22), to be administered to Mem- section 777; to the Committee on Armed the insignia of the grade of lieutenant gen- bers, Resident Commissioner, and Dele- Services. eral in accordance with title 10 United gates of the House of Representatives, 3639. A letter from the Principal Deputy States Code, section 777; to the Committee the text of which is carried in 5 U.S.C. Under Secretary for Personnel and Readi- on Armed Services. ness, Department of Defense, transmitting 3649. A letter from the Principal Deputy 3331: authorization of Rear Admiral Ann E. Ron- Under Secretary for Personnel and Readi- ‘‘I, AB, do solemnly swear (or af- deau, United States Navy, to wear the insig- ness, Department of Defense, transmitting firm) that I will support and defend nia of the grade of vice admiral in accord- authorization of Lieutenant General William the Constitution of the United ance with title 10, United States Code, sec- E. Ward, United States Army, to wear the in- States against all enemies, foreign tion 777; to the Committee on Armed Serv- signia of the grade of general in accordance and domestic; that I will bear true ices. with title 10, United States Code, section 777; faith and allegiance to the same; 3640. A letter from the Principal Deputy to the Committee on Armed Services. that I take this obligation freely, Under Secretary for Personnel and Readi- 3650. A letter from the Principal Deputy ness, Department of Defense, transmitting Under Secretary for Personnel and Readi- without any mental reservation or authorization of Major General John F. ness, Department of Defense, transmitting purpose of evasion; and that I will Goodman, United States Marine Corps, to authorization of Lieutenant General Norton well and faithfully discharge the wear the insignia of the grade of lieutenant A. Schwartz, United States Air Force, to duties of the office on which I am general in accordance with title 10 United wear the insignia of the grade of general in about to enter. So help me God.’’ States Code, section 777; to the Committee accordance with title 10, United States Code, has been subscribed to in person and on Armed Services. section 777; to the Committee on Armed 3641. A letter from the Principal Deputy Services. filed in duplicate with the Clerk of the Under Secretary for Personnel and Readi- 3651. A letter from the Principal Deputy House of Representatives by the fol- ness, Department of Defense, transmitting Under Secretary for Personnel and Readi- lowing Member of the 109th Congress, authorization of Major General Donald J. ness, Department of Defense, transmitting pursuant to the provisions of 2 U.S.C. Hoffman, United States Air Force, to wear authorization of Major General Kevin P. 25: the insignia of the grade of lieutenant gen- Chilton, United States Air Force, to wear JEAN SCHMIDT, Ohio Second. eral in accordance with title 10 United the insignia of the grade of lieutenant gen- States Code, section 777; to the Committee eral in accordance with title 10 United f on Armed Services. States Code, section 777; to the Committee 3642. A letter from the Principal Deputy on Armed Services. EXECUTIVE COMMUNICATIONS, Under Secretary for Personnel and Readi- 3652. A letter from the Principal Deputy ETC. ness, Department of Defense, transmitting Associate Administrator, Environmenal Pro- Under clause 8 of rule XII, executive authorization of Lieutenant General John tection Agency, transmitting the Agency’s communications were taken from the D.W. Corley, United States Air Force, to final rule — Interim Final Determination to Speaker’s table and referred as follows: wear the insignia of the grade of general in Stay and/or Defer Sanctions, San Joaquin accordance with title 10, United States Code, Valley Unified Air Pollution Control District 3633. A letter from the Principal Deputy section 777; to the Committee on Armed [CA-316-0484c, FRL-7949-2] received August Associate Administrator, Environmental Services. 10, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- 3643. A letter from the Principal Deputy the Committee on Energy and Commerce. cy’s final rule — Topramezone; Pesticide Under Secretary for Personnel and Readi- 3653. A letter from the Principal Deputy Tolerences [OPP-2005-0156; FRL-7726-9] re- ness, Department of Defense, transmitting Associate Administrator, Environmental ceived August 3, 2005, pursuant to 5 U.S.C. authorization of Major General John G. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Agri- Castellaw, United States Marine Corps, to cy’s final rule — National Emission Stand- culture. wear the insignia of the grade of lieutenant ards for Hazardous Air Pollutants: Cellulose 3634. A letter from the Principal Deputy general in accordance with title 10 United Products Manufacturing [OAR-2003-0193; Associate Administrator, Environmental States Code, section 777; to the Committee FRL-7948-5] (RIN: 2060-AL91) received August Protection Agency, transmitting the Agen- on Armed Services. 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule — Inert ingredients; Revoca- 3644. A letter from the Principal Deputy the Committee on Energy and Commerce. tion of Pesticide Tolerance Exemptions for Under Secretary for Personnel and Readi- 3654. A letter from the Principal Deputy Three CFC Chemicals [OPP-2005-0068; FRL- ness, Department of Defense, transmitting Associate Administrator, Environmental 7728-5] received August 3, 2005, pursuant to 5 authorization of Major General David A. Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on Ag- Deptula, United States Air Force, to wear cy’s final rule — Clean Air Act Approval and riculture. the insignia of the grade of lieutenant gen- Promulgation of Air Quality Implementa- 3635. A letter from the Principal Deputy eral in accordance with title 10 United tion Plan Revision for North Dakota; Revi- Associate Administrator, Environmental States Code, section 777; to the Committee sions to the Air Pollution Control Rules Protection Agency, transmitting the Agen- on Armed Services. [RME Docket Number R08-OAR-2005-ND-0001; cy’s final rule — Alachlor, Carbaryl, 3645. A letter from the Principal Deputy FRL-7942-4] received August 3, 2005, pursuant Diazinon, Disulfoton, Pirimiphos-methyl, Under Secretary for Personnel and Readi- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Vinclozolin; Tolerance Revocations ness, Department of Defense, transmitting Energy and Commerce. [OPP-2005-0183; FRL-7725-6] received August authorization of Major General Emerson N. 3655. A letter from the Principal Deputy 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Gardner, Jr., United States Marine Corps, to Associate Administrator, Environmental the Committee on Agriculture. wear the insignia of the grade of lieutenant Protection Agency, transmitting the Agen- 3636. A letter from the Principal Deputy general in accordance with title 10 United cy’s final rule — Approval and Promulgation Associate Administrator, Environmental States Code, section 777; to the Committee of Implementation Plans; Washington [R10- Protection Agency, transmitting the Agen- on Armed Services. OAR-2005-0004,; FRL-7944-4] received August

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06SE7.067 H06SEPT1 H7672 CONGRESSIONAL RECORD — HOUSE September 6, 2005 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 1290-F] (RIN: 0938-AN43) received August 2, By Mr. BACA: the Committee on Energy and Commerce. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 3655. A bill to require the Secretary of 3656. A letter from the Principal Deputy Committee on Ways and Means. Education to review and revise the guide- Associate Administrator, Environmental 3664. A letter from the Regulations Coordi- lines relating to the ‘‘Principles of Effective- Protection Agency, transmitting the Agen- nator, CMM, Department of Health and cy’s final rule — Approval and Promulgation Human Services, transmitting the Depart- ness’’ criteria developed pursuant to the Safe of Air Quality Implemenation Plans; Texas; ment’s ‘‘Major’’ final rule — Medicare Pro- and Drug-Free Schools and Communities Act Vehicle Inspection and Maintenance Pro- gram; Changes to the Hospital Inpatient Pro- to improve State and local prevention pro- gram for Travis and Williamson Counties spective Payment Systems and Fiscal Year grams and activities carried out under such [R06-OAR-2005-TX-0011; FRL-7948-7] received 2006 Rates [CMS-1500-F] (RIN: 0938-AN57) re- Act, and for other purposes; to the Com- August 3, 2005, pursuant to 5 U.S.C. ceived August 2, 2005, pursuant to 5 U.S.C. mittee on Education and the Workforce. 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Ways and By Mr. DINGELL (for himself, Mr. STU- Commerce. Means. PAK, Mr. HASTINGS of Florida, Mr. 3657. A letter from the Principal Deputy BOREN, Ms. LEE, Mr. MOORE of Kan- f Associate Administrator, Environmental sas, Mr. SHERMAN, Ms. DEGETTE, Mr. Protection Agency, transmitting the Agen- PUBLIC BILLS AND RESOLUTIONS BOUCHER, Mr. TOWNS, Mr. ROTHMAN, cy’s final rule — Approval and Promulgation Mr. ANDREWS, Mr. ROSS, Mr. of Air Quality Implementation Plans; Or- Under clause 2 of rule XII, public RUPPERSBERGER, Mr. BROWN of Ohio, egon; Correcting Amendment [R10-OAR-2005- bills and resolutions were introduced Ms. DELAURO, Mr. ENGEL, Mr. OR-0005; FRL-7944-1] received August 3, 2005, and severally referred, as follows: GRIJALVA, Mr. LEVIN, Mr. HINCHEY, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ´ By Mr. SENSENBRENNER: Ms. LINDA T. SANCHEZ of California, mittee on Energy and Commerce. H.R. 3647. A bill to render nationals of Den- Ms. KAPTUR, Mr. KUCINICH, Mr. RYAN 3658. A letter from the Principal Deputy mark eligible to enter the United States as of Ohio, Mr. KILDEE, Mr. BACA, Mr. Associate Administrator, Environmental nonimmigrant traders and investors; to the VISCLOSKY, Mr. THOMPSON of Cali- Protection Agency, transmitting the Agen- Committee on the Judiciary. fornia, Mr. DAVIS of Florida, Ms. cy’s final rule — Revisions to the California By Mr. SENSENBRENNER: MCCOLLUM of Minnesota, Mr. WEINER, State Implementation Plan, San Joaquin H.R. 3648. A bill to impose additional fees Mr. CARDOZA, Mr. MEEHAN, Mr. WU, Valley Unified Air Pollution Control District with respect to immigration services for Mr. BERMAN, Ms. KILPATRICK of and Monterey Bay Unified Air Pollution intracompany transferees; to the Committee Michigan, Mrs. MALONEY, Mr. CROW- Control District [CA-316-0484a; FRL-7949-1] on the Judiciary. LEY, Mr. INSLEE, Ms. BORDALLO, Mr. received August 10, 2005, pursuant to 5 U.S.C. By Mr. YOUNG of Alaska (for himself FILNER, Mr. FRANK of Massachusetts, 801(a)(1)(A); to the Committee on Energy and and Mr. OBERSTAR): Mr. HOLT, Mr. KANJORSKI, Mr. Commerce. MCDERMOTT, Mr. NADLER, Mr. GON- 3659. A letter from the Principal Deputy H.R. 3649. A bill to ensure funding for sportfishing and boating safety programs ZALEZ, Mrs. LOWEY, and Mr. MORAN of Associate Administrator, Environmental Virginia): Protection Agency, transmitting the Agen- funded out of the Highway Trust Fund cy’s final rule — Revision to the California through the end of fiscal year 2005, and for H.R. 3656. A bill to reestablish the Federal State Implementation Plan, Ventura County other purposes; to the Committee on Trans- Emergency Management Agency as an inde- Air Pollution Control District [R09-OAR- portation and Infrastructure, and in addition pendent establishment in the executive 2005-CA-0022; FRL-7945-2] received August 10, to the Committees on Ways and Means, and branch, and for other purposes; to the Com- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Resources, for a period to be subsequently mittee on Transportation and Infrastruc- Committee on Energy and Commerce. determined by the Speaker, in each case for ture, and in addition to the Committee on consideration of such provisions as fall with- 3660. A letter from the Principal Deputy Homeland Security, for a period to be subse- in the jurisdiction of the committee con- Associate Administrator, Environmental quently determined by the Speaker, in each Protection Agency, transmitting the Agen- cerned. By Mr. SENSENBRENNER (for him- case for consideration of such provisions as cy’s final rule — Approval and Promulgation fall within the jurisdiction of the committee of State Air Quality Plans for Designated self, Mr. CONYERS, Mr. SMITH of concerned. Facilities and Pollutants, Maryland; Control Texas, Mr. BERMAN, and Mr. By Mr. LARSEN of Washington (for of Emissions from Small Municipal Waste GOHMERT): himself and Mr. WOLF): Combustor (SMWC) Units; Delegation of Au- H.R. 3650. A bill to allow United States thority [RO3-OAR-2005-MD-0007; FRL-7951-3] courts to conduct business during emergency H.R. 3657. A bill to regulate international received August 10, 2005, pursuant to 5 U.S.C. conditions, and for other purposes; to the marriage broker activity in the United 801(a)(1)(A); to the Committee on Energy and Committee on the Judiciary. States, to provide for certain protections for Commerce. By Mr. ANDREWS: individuals who utilize the services of inter- 3661. A letter from the Program Analyst, H.R. 3651. A bill to amend title 9, United national marriage brokers, and for other FAA, Department of Transportation, trans- States Code, to allow employees the right to purposes; to the Committee on the Judici- accept or reject the use of arbitration to re- mitting the Department’s final rule — Air- ary. solve an employment controversy; to the worthiness Directives; Airbus Model A300 B2 By Mr. MEEK of Florida: and B4 Series Airplanes; Model A300 B4-600, Committee on the Judiciary. B4-600R Series Airplanes, and Model A300 C4- By Mr. ANDREWS: H.R. 3658. A bill to amend the Haitian Ref- 605R Variant F Airplanes (Collectively H.R. 3652. A bill to provide workers with ugee Immigration Fairness Act of 1998; to Called A300-600 Series Airplanes); and Model certain impairments employment protec- the Committee on the Judiciary. A310-200 and -300 Series Airplanes [Docket tion; to the Committee on Transportation By Mr. OBERSTAR (for himself and No. FAA-2004-19534; Directorate Identifier and Infrastructure. Ms. NORTON): 2004-NM-99-AD; Amendment 39-14198; AD By Mr. ANDREWS: H.R. 3659. A bill to reestablish the Federal H.R. 3653. A bill to amend the Internal Rev- 2005-15-09] (RIN: 2120-AA64) received August Emergency Management Agency as an inde- enue Code of 1986 to allow a credit against 12, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to pendent establishment in the executive income tax to C corporations which have the Committee on Transportation and Infra- branch that is responsible for the Nation’s structure. substantial employee ownership and to en- 3662. A letter from the Program Analyst, courage stock ownership by employees by ex- preparedness and response to disasters, and FAA, Department of Transportation, trans- cluding from gross income stock paid as for other purposes; to the Committee on mitting the Department’s final rule — Air- compensation for services, and for other pur- Transportation and Infrastructure, and in worthiness Directives; McDonnell Douglas poses; to the Committee on Ways and Means. addition to the Committee on Homeland Se- Model DC-10-10, DC-10-10F, DC-10-15, DC-10- By Mr. ANDREWS: curity, for a period to be subsequently deter- 30, DC-10-30F (KC-10A and KDC-10), DC-10-40, H.R. 3654. A bill to amend title XVIII of the mined by the Speaker, in each case for con- DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and Social Security Act to provide certain Medi- sideration of such provisions as fall within MD-11F Airplanes [Docket No. FAA-2005- care beneficiaries living abroad a special the jurisdiction of the committee concerned. 20882; Directorate Identifier 2004-NM-241-AD; Medicare part B enrollment period during By Mr. PAUL: which the late enrollment penalty is waived Amendment 39-14192; AD 2005-15-03] (RIN: H.R. 3660. A bill to amend the Farm Secu- 2120-AA64) received August 12, 2005, pursuant and a special Medigap open enrollment pe- rity and Rural Investment Act of 2002 to re- to 5 U.S.C. 801(a)(1)(A); to the Committee on riod during which no underwriting is per- quire, as a condition on the receipt of direct Transportation and Infrastructure. mitted; to the Committee on Energy and 3663. A letter from the Regulations Coordi- Commerce, and in addition to the Committee payments or counter-cyclical payments nator, CMM, Department of Health and on Ways and Means, for a period to be subse- under such Act for rice produced by tenants Human Services, transmitting the Depart- quently determined by the Speaker, in each and sharecroppers in Texas, that the pro- ment’s ‘‘Major’’ final rule — Medicare Pro- case for consideration of such provisions as ducers on the farm agree to retain the rice gram; Inpatient Rehabilitation Facility Pro- fall within the jurisdiction of the committee cropland in production for the next crop spective Payment System for FY 2006 [CMS- concerned. year; to the Committee on Agriculture.

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By Mr. PAUL: H.R. 144: Mr. HUNTER. H.R. 2519: Mr. REYES. H.R. 3661. A bill to amend title II of the So- H.R. 146: Mr. HUNTER. H.R. 2533: Mr. PRICE of North Carolina, Mr. cial Security Act to replace the 60-month pe- H.R. 297: Mr. ANDREWS. MICHAUD, Mr. HOLDEN, and Ms. HERSETH. riod of employment requirement for applica- H.R. 312: Mr. OTTER. H.R. 2562: Mr. ABERCROMBIE, Mr. STARK, tion of the Government pension offset ex- H.R. 314: Mr. SCHWARZ of Michigan and Mr. and Mr. FILNER. emption with the rule that last applied be- CHANDLER. H.R. 2646: Ms. ZOE LOFGREN of California, fore section 418 of the Social Security Pro- H.R. 528: Mr. ROTHMAN. Mr. RUPPERSBERGER, Mr. FILNER, Mr. tection Act of 2004 was enacted; to the Com- H.R. 550: Mr. RAMSTAD, Mr. ISSA, Mr. MEE- GRIJALVA, Mr. GONZALEZ, and Mr. SHERMAN. mittee on Ways and Means. HAN, Ms. MOORE of Wisconsin, and Mr. BAR- H.R. 2682: Mr. FILNER, Mr. WELDON of Flor- By Ms. SLAUGHTER: ROW. ida, Ms. ZOE LOFGREN of California, Mr. SUL- H.R. 558: Mr. PRICE of North Carolina, Mr. H.R. 3662. A bill to delay for 2 years the LIVAN, Mr. PLATTS, and Mr. REYES. EMANUEL, and Mr. CALVERT. general effective date of the Bankruptcy H.R. 2925: Mr. HASTINGS of Washington. H.R. 633: Mr. ROTHMAN. Abuse Prevention and Consumer Protection H.R. 2926: Mr. WOLF. H.R. 698: Mr. HERGER, Mrs. MYRICK, and Act of 2005; to the Committee on the Judici- H.R. 2933: Mr. JONES of North Carolina. Mr. BROWN of South Carolina. ary, and in addition to the Committee on Fi- H.R. 2963: Mrs. JONES of Ohio, Mr. REYES, H.R. 735: Mr. FRANK of Massachusetts. Mr. EMANUEL, Mr. PASTOR, and Ms. HERSETH. nancial Services, for a period to be subse- H.R. 759: Mr. BRADY of Pennsylvania and H.R. 2987: Mr. LOBIONDO and Ms. ZOE quently determined by the Speaker, in each Mr. PAYNE. LOFGREN of California. case for consideration of such provisions as H.R. 813: Mr. DEFAZIO. H.R. 3003: Mr. BAIRD and Mr. MILLER of fall within the jurisdiction of the committee H.R. 865: Mr. FITZPATRICK of Pennsylvania. North Carolina. concerned. H.R. 871: Mr. PASTOR. By Mr. WU: H.R. 923: Mr. CONYERS, Mr. MCGOVERN, and H.R. 3049: Mr. MCHUGH. OOZMAN C UGH H.R. 3663. A bill to amend part A of title IV Mr. LEVIN. H.R. 3132: Mr. B , Mr. M H , Mrs. of the Social Security Act to provide a State H.R. 998: Mr. ANDREWS, Mr. COOPER, Mr. MILLER of Michigan, Mr. DANIEL E. LUNGREN option to extend current waivers and create FOLEY, Mr. CHOCOLA, Mr. GIBBONS, and Mr. of California, Mr. BOEHLERT, Ms. additional waiver authority under the tem- PENCE. SCHAKOWSKY, Mr. PUTNAM, Mr. BARROW, Mr. porary assistance for needy families pro- H.R. 1002: Mr. MICHAUD, Mr. AL GREEN of GIBBONS, Mr. WALDEN of Oregon, Mr. MOORE gram; to the Committee on Ways and Means. Texas, and Mr. NADLER. of Kansas, Mr. NORWOOD, Mr. FOSSELLA, Mr. By Ms. LEE: H.R. 1246: Mr. HINCHEY, Mr. COSTELLO, Ms. MCINTYRE, Mr. RYAN of Wisconsin, and Mr. H. Con. Res. 233. Concurrent resolution af- DEGETTE, Ms. LEE, Mr. TANCREDO, Mr. MCCAUL of Texas. firming the obligation and leadership of the RUPPERSBERGER, Mr. MCDERMOTT, and Ms. H.R. 3135: Mr. ROGERS of Kentucky. United States to improve the lives of the KAPTUR. H.R. 3147: Mr. AL GREEN of Texas and Mr. 35,900,000 Americans living in poverty and an H.R. 1297: Mr. WEXLER. BASS. additional 15,300,000 Americans living in ex- H.R. 1322: Mr. GENE GREEN of Texas and H.R. 3163: Mr. FITZPATRICK of Pennsyl- treme poverty; to the Committee on Govern- Mr. ROTHMAN. vania. ment Reform. H.R. 1358: Mr. LINCOLN DIAZ-BALART of H.R. 3195: Mr. AL GREEN of Texas, Mr. KOLBE, and Mr. EMANUEL. By Mr. DELAY: Florida, Mr. ALEXANDER, Mr. KENNEDY of H. Res. 422. A resolution expressing the Rhode Island, Mr. KUHL of New York, and H.R. 3312: Mr. KUCINICH and Mr. STRICK- profound sorrow of the House of Representa- Mr. SCHWARZ of Michigan. LAND. H.R. 3333: Mr. SAM JOHNSON of Texas. tives on the death of the Honorable William H.R. 1413: Mr. MCGOVERN and Ms. MCCOL- H.R. 3334: Mr. ALEXANDER, Mr. BOEHLERT, H. Rehnquist, Chief Justice of the United LUM of Minnesota. H.R. 1431: Mr. MILLER of Florida. Mr. HINOJOSA, Mr. WAXMAN, Mr. PRICE of States; considered and agreed to. H.R. 1554: Mr. LUCAS, Mr. INSLEE, and Mr. North Carolina, Mr. STRICKLAND, Mr. OWENS, By Mr. SENSENBRENNER (for him- MANZULLO. Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. self, Mr. CONYERS, Mr. COBLE, Mr. H.R. 1561: Mr. GORDON, Mr. BROWN of Ohio, REYES, and Mr. NADLER. JENKINS, Mr. BACHUS, Mr. FRANKS of Mr. PAUL, Mr. FILNER, Mr. MCCOTTER, Mr. H.R. 3352: Mr. BEAUPREZ, Mr. TANCREDO, Arizona, Mr. GREEN of Wisconsin, Mr. AKIN, Mr. LEACH, Mr. ETHERIDGE, and Mr. and Mr. CALVERT. PENCE, Mr. KING of Iowa, Mr. SMITH FRANK of Massachusetts. H.R. 3361: Mr. COSTELLO, Mr. CROWLEY, Mr. of Texas, Mr. CANNON, Mr. CHABOT, H.R. 1566: Mr. FORD and Mr. GORDON. MENENDEZ, Mr. ROYCE, Mr. BACA, Mr. AN- Mr. INGLIS of South Carolina, Mr. H.R. 1582: Mr. FARR and Mrs. CAPPS. DREWS, and Mr. WEINER. DANIEL E. LUNGREN of California, Mr. H.R. 1591: Mr. RYAN of Ohio, Ms. ESHOO, H.R. 3369: Mr. CUMMINGS. HOSTETTLER, Mr. KELLER, Mr. BOU- Ms. SLAUGHTER, Mr. GREEN of Wisconsin, Mr. H.R. 3385: Mr. MCCOTTER, Mr. FRANK of CHER, Mr. SCHIFF, Mr. FEENEY, Mr. HIGGINS, and Mr. ANDREWS. Massachusetts, and Mrs. MALONEY. BERMAN, Mr. GOHMERT, Ms. ZOE H.R. 1620: Mr. GRIJALVA. H.R. 3405: Mr. CONAWAY, Mr. ROSS, Mr. LOFGREN of California, Mr. ISSA, and H.R. 1636: Mr. FRANK of Massachusetts and KIND, Mr. MCINTYRE, Mr. PETERSON of Min- Mr. SCOTT of Virginia): Ms. MILLENDER-MCDONALD. nesota, Mr. LEACH, Mr. WILSON of South H. Res. 423. A resolution honoring and rec- H.R. 1671: Mr. OSBORNE, Mr. MILLER of Carolina, and Mr. LEWIS of Kentucky. ognizing the distinguished service, career, North Carolina, Mr. SHAYS, Mr. DAVIS of H.R. 3442: Mr. CONYERS. and achievements of Chief Justice William Kentucky, Mr. PALLONE, Mr. TERRY, and Mr. H.R. 3504: Mr. MICHAUD, Mr. SHERMAN, and Hubbs Rehnquist upon his death, and for GOHMERT. Mr. DOYLE. other purposes; to the Committee on the Ju- H.R. 1688: Mr. OLVER and Mr. ANDREWS. H.R. 3540: Mr. SHERMAN. diciary. H.R. 1689: Mr. LINCOLN DIAZ-BALART of H.R. 3546: Mrs. MCCARTHY. By Mr. CALVERT: Florida. H.R. 3554: Mr. ETHERIDGE. H. Res. 424. A resolution to congratulate H.R. 1696: Mr. RUSH. H.R. 3569: Mrs. NAPOLITANO, Mrs. JONES of the National Aeronautics and Space Admin- H.R. 1823: Mr. STARK. Ohio, Mr. KILDEE, and Ms. BERKLEY. H.R. 1871: Mr. MOORE of Kansas and Mr. istration and the Discovery crew of Com- H.R. 3603: Mr. SAXTON. IBERI mander Eileen Collins, Pilot Jim Kelly, Mis- T . H.R. 3617: Mr. BROWN of Ohio, Mr. BUYER, H.R. 1953: Mr. DOGGETT, Mr. MCKEON, Mr. sion Specialist Charlie Camarda, Mission Mr. GOODE, Mrs. NORTHUP, Mr. MCHUGH, Mr. HERGER, Mr. DOOLITTLE, Mr. GALLEGLY, and Specialist Wendy Lawrence, Mission Spe- LEACH, Mr. KENNEDY of Rhode Island, and Mr. GARY G. MILLER of California. cialist Soichi Noguchi, Mission Specialist Mr. PLATTS. H.R. 1973: Mr. BASS, Mr. FILNER, and Mr. Steve Robinson, and Mission Specialist Andy H.J. Res. 61: Mr. DELAHUNT, Mr. FEENEY, GORDON. Thomas on the successful completion of Mrs. EMERSON, Mr. BARROW, Ms. GINNY H.R. 1986: Mr. CALVERT. their 14 day test flight to the International BROWN-WAITE of Florida, Mr. BRADLEY of H.R. 2011: Mr. MILLER of North Carolina. Space Station for the first step of the Vision New Hampshire, Mr. EDWARDS, Mr. ROHR- H.R. 2017: Mr. LYNCH. for Space Exploration, begun from the Ken- ABACHER, Mr. BURTON of Indiana, Mr. SCOTT nedy Space Center, Florida, on July 26, 2005, H.R. 2061: Mr. WAMP, Mr. WILSON of South Carolina, Mr. GINGREY, Mr. DENT, and Mr. of Georgia, Mr. ROGERS of Alabama, Ms. and completed at Edwards Air Force Base, EDDIE BERNICE JOHNSON of Texas, Mr. California, on August 9, 2005. This historical STEARNS. H.R. 2074: Mr. CUMMINGS. FITZPATRICK of Pennsylvania, Ms. HARRIS, mission represented a great step forward H.R. 2106: Mr. CANNON. Mr. FORD, Mr. RAHALL, Mr. LAHOOD, Mr. into the new beginning of the Second Space H.R. 2193: Mr. ANDREWS and Mr. FARR. MCCOTTER, Mr. GARY G. MILLER of Cali- Age; to the Committee on Science. H.R. 2230: Mr. ENGEL. fornia, Mr. TURNER, Mrs. MCCARTHY, Mr. f H.R. 2231: Mr. ISRAEL, Mr. RYAN of Ohio, DANIEL E. LUNGREN of California, Mr. KIND, Mr. ACKERMAN, Mr. WALSH, Mr. SWEENEY, Ms. JACKSON-LEE of Texas, Mr. BERRY, Mr. ADDITIONAL SPONSORS Mr. NEAL of Massachusetts, Mr. REYNOLDS, CARTER, Ms. KILPATRICK of Michigan, Mr. Under clause 7 of rule XII, sponsors and Ms. MCCOLLUM of Minnesota. RUPPERSBERGER, Mrs. TAUSCHER, Ms. H.R. 2389: Mr. PORTER. MILLENDER-MCDONALD, Mr. SIMMONS, Mr. were added to public bills and resolu- H.R. 2429: Mr. ROSS, Mrs. DAVIS of Cali- BACHUS, Ms. WATSON, Mr. SESSIONS, Mr. tions as follows: fornia, Ms. CARSON, and Ms. MOORE of Wis- MEEK of Florida, Mr. EMANUEL, Mr. POE, Ms. H.R. 65: Mrs. DRAKE and Mr. FEENEY. consin. BORDALLO, Mr. ORTIZ, Mr. HUNTER, Mr.

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EVANS, Ms. CORRINE BROWN of Florida, Mr. PLATTS, Mr. ROTHMAN, Mr. WOLF, Mr. H. Res. 325: Mr. REYNOLDS. TANNER, and Ms. HERSETH. DEFAZIO, Ms. SCHAKOWSKY, and Mr. WEXLER. H. Res. 360: Mr. ENGEL. H. Con. Res. 24: Mr. STARK and Mr. SHER- H. Con. Res. 219: Mr. AL GREEN of Texas. H. Res. 388: Mr. DAVIS of Kentucky, Mr. MAN. H. Con. Res. 222: Mr. MOORE of Kansas, Mr. PITTS, Mr. ROHRABACHER, Mr. SMITH of New H. Con. Res. 154: Ms. WASSERMAN SCHULTZ. HUNTER, Mr. AKIN, Mr. LEACH, Mr. KING of Jersey, Mr. KELLER, and Mr. BAKER. H. Con. Res. 162: Mr. BARROW. Iowa, and Mr. FRANK of Massachusetts. H. Con. Res. 172: Mr. FILNER and Mr. BACH- H. Res. 15: Mr. MOORE of Kansas, Mr. f US. HOLDEN, and Ms. BALDWIN. H. Con. Res. 174: Ms. KAPTUR, Mr. GOODE, H. Res. 123: Mr. RYAN of Ohio, Mrs. EMER- DELETIONS OF SPONSORS FROM Mr. GENE GREEN of Texas, Mr. WICKER, Mr. SON, and Ms. MCCOLLUM of Minnesota. PUBLIC BILLS AND RESOLUTIONS CASTLE, Mr. SHAW, Ms. HARRIS, Mr. WOLF, H. Res. 222: Mr. EMANUEL and Mr. OTTER. Under clause 7 of rule XII, sponsors and Mr. JEFFERSON. H. Res. 299: Mrs. MCCARTHY, Mr. NEAL of H. Con. Res. 179: Mr. TIERNEY, Mr. WAX- Massachusetts, Mr. RYAN of Ohio, and Mr. were deleted from public bills and reso- MAN, Mr. VAN HOLLEN, Mr. MARSHALL, Mr. LIPINSKI. lutions as follows: HINCHEY, Mr. GORDON, Mr. GOODE, Mr. H. Res. 305: Mr. FOSSELLA. H.R. 2290: Mr. JONES of North Carolina.

VerDate Aug 18 2005 04:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A06SE7.040 H06SEPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, SEPTEMBER 6, 2005 No. 109 Senate The Senate met at 12 p.m. and was MORNING BUSINESS Mr. FRIST. Mr. President, Senators called to order by the President pro The PRESIDENT pro tempore. Under should be aware that now the vote at tempore (Mr. STEVENS). the previous order, there will be a pe- 5:30 today will occur on the resolution expressing condolences to the victims PRAYER riod for the transaction of morning business until 12:30 p.m., with Senators of Katrina. I expect that a number of The Chaplain, Dr. Barry C. Black, of- permitted to speak therein up to 5 min- our colleagues will want to speak fered the following prayer: utes each. today on that resolution, and we have Let us pray. provided time to do so between 2:15 and Immortal, invisible, God only wise, f 5:30 today. You rule the Earth, sea, and sky. As we In addition, following that vote, at 6 deal with Hurricane Katrina’s wake-up RECOGNITION OF THE MAJORITY LEADER p.m. this evening there will be an all- call and the death of our 16th Supreme Senators briefing related to our Gulf The PRESIDENT pro tempore. The Court Chief Justice, steady this great States. At that briefing will be a num- majority leader is recognized. land. Make us grateful for the acts of ber of the Cabinet Secretaries who will generosity and altruism we have seen f be available. That briefing will be in S– in this Nation and around the world. Help us to remember Your sov- SCHEDULE 407 in the Capitol. As I have been stating, it is our in- ereignty as You lead us away from the Mr. FRIST. Mr. President, I have a dead-end streets of pointing fingers to tention to move very quickly, respon- few housekeeping matters as we begin sibly, and aggressively to Hurricane the productive paths of self-examina- today. tion. Katrina and her aftermath. This relief I have talked to the Democratic lead- is underway. We need to make sure Like the canary in the mine, may er and a number of our colleagues these difficult days warn us of the dan- that we are maximally supportive and about changes we have made in our gers of ignoring extreme disparities in responsive in a timely fashion. I be- current schedule. As all Members are economic and social conditions. For- lieve we demonstrated that last Thurs- aware, on July 29 we filed cloture mo- give us when we cry pathology in order day when we came in in an urgent ses- tions on two items that were scheduled to justify our own indifference. Help us sion to approve $10.5 billion which sub- to build on this opportunity to work for consideration today. In light of sequently became law and was signed toward liberty and justice for all. Hurricane Katrina, we will be shifting by the President. Use our Senators as agents of Your our focus this week, and I am prepared Later today—again another mani- will. Give them wisdom to know what to make those changes by unanimous festation of being able and appro- is right and the courage to do it. As we consent. priately responding to the changing labor to strengthen freedom in other ORDER OF PROCEDURE events—we will clear a bill known as nations, open our eyes to the invisible First, I ask unanimous consent that the Federal Judiciary Emergency Spe- people on life’s margins in America. the two cloture votes scheduled for 5:30 cial Sessions Authority which will Hasten the day when justice will roll this afternoon be vitiated. allow the affected U.S. courts to con- down like waters and righteousness The PRESIDENT pro tempore. Is duct business under these emergency like a mighty stream. there objection? Without objection, it conditions. We pray in Your Holy Name. Amen. is so ordered. Tomorrow, we will pay tribute to the f Mr. FRIST. Mr. President, I also ask Chief Justice of the United States, Wil- PLEDGE OF ALLEGIANCE unanimous consent that the order be liam Rehnquist. I will say more later modified so that at 2:15 today, the Sen- today on the schedule as it relates to The PRESIDENT pro tempore led the ate begin a period for morning business the funeral and a Senate resolution re- Pledge of Allegiance, as follows: with Senators permitted to speak for lating to Chief Justice Rehnquist. I pledge allegiance to the Flag of the up to 10 minutes each, with the time Finally, we will be turning to the United States of America, and to the Repub- lic for which it stands, one nation under God, until 5:30 equally divided between the Commerce, Justice and Science appro- indivisible, with liberty and justice for all. two leaders or their designees. priations bill later this week. That ap- I further ask consent that at 5:30 propriations measure does fund a num- f today, the Senate proceed to a vote on ber of hurricane-related activities. RESERVATION OF LEADER TIME adoption of a resolution related to Hur- Earlier today, the Democratic leader The PRESIDENT pro tempore. Under ricane Katrina. and I, Chairman SPECTER, and Ranking the previous order, the leadership time The PRESIDENT pro tempore. With- Member LEAHY from the Judiciary is reserved. out objection, it is so ordered. Committee outlined the schedule with

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

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VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9608 CONGRESSIONAL RECORD — SENATE September 6, 2005 regard to Judge Roberts’ hearings and that thousands of innocent people have trying to evacuate their homes. I had the nomination process over the next died in the hurricane’s wake. As the the opportunity to spend a lot of time month. Those hearings will begin Mon- floodwaters recede, more and more with them for both days, both at the day, September 12, at noon. The com- bodies, unfortunately, will be found— convention center where we spent mittee will report out Judge Roberts people who were unable to escape the time, as well as at the New Orleans air- no later than Thursday, September 22. torrential flooding that took place port and, indeed, over in Mobile, AL. We will begin Senate floor consider- shortly after the hurricane struck. The They were there and all along the Mis- ation the week of September 26, and we loss is so profound that none of us will sissippi coast, as we touched down will complete action no later than Fri- be able to express what we have seen or there. day, September 30. what we feel in words. I will have more to say about what I I believe that is relatively complete I have had a chance to be in other have been able to observe in those ex- in terms of the changes we have made areas, in Sri Lanka after the tsunami periences because I think it does re- in response to two very sad and unfor- and in the Darfur region in Sudan. Ev- flect both the misery but also the great tunate events: Hurricane Katrina, a erybody says, Is this worse? How do compassion and the pulling together, natural disaster which is ongoing, as you compare it? You can’t compare it; the great spirit of the American people we all know, and the death of Chief all were tremendous tragedies. But I that we are going to absolutely have to Justice Rehnquist. We will remain will say that what I had the chance to call upon as we continue to address flexible in terms of our scheduling in see there, in terms of the mass of hu- this tragedy. this body to address that natural ca- manity in that convention center and We in the Senate are acting. We are tastrophe along the Gulf States. We in the New Orleans airport, I can’t acting aggressively and responsively will be acting in a bipartisan and bi- compare it to anything I have seen, and early. We are going to continue to cameral way, as has been seen to date, even having seen such tragedies else- do so. This has become our major pri- in these matters in order to facilitate where in the world. ority, even though there are a lot of an immediate response initially to the One of the other things I need to other issues we are addressing. We have victims and then ultimately to the re- mention early on is that human con- the skyrocketing energy prices, gaso- covery and rebuilding of those gulf re- nection you do see when you are in the line prices, and oil prices. We have the gions, with the goal of greater pros- middle of a response such as this—the ongoing war in Iraq. We have the judi- perity than they have ever seen in the compassion, the concern. You saw pa- cial nomination which is underway. past. tients lying together on scores and And we have the response to Katrina. f scores of stretchers, hundreds of The response to Katrina right now, be- stretchers that were on the floor, and cause it is an ongoing catastrophe, an KATRINA AFTERMATH AND you have one patient leaning over, tak- ongoing natural disaster, needs to be RECOVERY EFFORTS ing care of another patient even first and foremost. We are acting and Mr. FRIST. I did have the oppor- though they didn’t know each other. we are going to continue to act aggres- tunity to travel to the gulf coast and Patients were taking care of them- sively. participate, not as a Senator but as a selves, especially early on when there Last Thursday night we came in and volunteer physician, and to see first- was a clear shortage of personnel to re- the Democratic leader and I helped hand the tremendous response on the spond to that initial disaster, as people usher through, in a highly unusual ground among our medical personnel, came flowing into the airport. emergency session, the $10.5 billion aid our health personnel, and our volun- You had rescue workers from all bill. As we said then, that was only the teers, but also to witness firsthand walks of life, volunteers from college beginning. We have so many urgent re- that scope of human suffering and need campuses, health personnel from what sponsibilities now that we will be that was caused by last week’s catas- are called DMAT or disaster medical working together in a bipartisan way trophe, which affected those three Gulf assistance teams from around the to address these issues. States and indirectly affected the en- country, all enduring crushing heat Last Tuesday we sent out a note to tire region—indeed, the entire country. and exhaustion to pour out their hearts all committee chairmen to begin bring- What I saw was staggering. Hurricane and use those skills they had, whatever ing their legislative proposals to us. Katrina now stands as the largest nat- those skills, so we could maximize that Over the next 48 hours we will be talk- ural disaster in American history. response to those people being evacu- ing to each of the chairmen and rank- Ninety thousand square miles, an area ated from this place. ing members, to pull together their larger than the United Kingdom, have Volunteer workers were from the ideas both for the immediate response been utterly devastated. State of the distinguished President and the midterm response and the Many of my colleagues have had the pro tempore, the State of Alaska. I had long-term response. There are a lot of chance to fly over that region. As we the opportunity to work side by side human, practical needs that have to be all know, many of our colleagues and with them, and with volunteers from addressed right now. The Federal Gov- their families have been directly and Hawaii and from Tennessee. I saw a ernment has a major role as we look at personally impacted. The cities are number of my colleagues from medical health and we look at social services flooded, the entire coast along south- college, from Vanderbilt in Nashville, and we look at housing and we look at ern Mississippi destroyed, towns de- and Boston, MA, where I worked in the food and we look at shelter, and then, molished, farmlands turned to swamp, past. They were contributing in such a in the longer term, solutions to putting transportation, distribution channels positive way. the Gulf Coast back on a fast track to totally wiped out, and local commu- Many people were so moved by the recovery and to rebuild, and rebuild nication destroyed, slowly coming back stories they read they got on the road with a goal of even greater prosperity but totally destroyed. Hundreds of and went to that Gulf State region to in the future. thousands of residents affected across volunteer their services. They didn’t The Energy Committee is conducting these three States are now displaced. ask; they didn’t pay attention to the hearings today and will be addressing In our leadership meeting a little redtape or people who said stay away, the supply/demand issues. There will be while ago, we went around the table. and went in. They were all very useful many more hearings addressing these Everybody has received the displaced as they poured out their hearts to issues. I have encouraged our Members persons in numbers of thousands and those who were suffering from this ca- to look at some of these real warning thousands. tastrophe. flags that have arisen, things such as Many of these people have health I have to also mention the Knox the price gouging and excessive profit problems, short-term and long-term County Volunteers, because the sher- taking by energy companies and by oil problems, that must be addressed. It is iff’s department there sent down sev- companies. These are issues we have to going to take all of us pulling together eral helicopters early on, again before be aggressive with, especially in this to do this. even being asked, and they were very time of need. Secretary Leavitt, Health and instrumental in dropping food and Even before the hurricane hit, having Human Services Secretary, estimates dropping supplies and helping people spent about 2 weeks traveling across

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9609 Tennessee, listening, we heard again gether we will all be able to overcome activities. I am so fortunate to now re- and again the price of gasoline and die- these challenges. turn to work in a place that I love—the sel at the pump was wiping out any THE SUPREME COURT U.S. Senate. margins of even survival for many Tomorrow, I will have more to say Words cannot adequately express my farmers and people who rely on our about Chief Justice Rehnquist and the appreciation for the thoughts and pray- transportation industry. nomination of Judge Roberts for Chief ers and good wishes that I received I do want to call upon the energy in- Justice. from my Senate colleagues and the rest dustry and the energy sector to be a re- Today, let me briefly say the Senate of the Senate family—some of whom sponsible corporate actor. If not, there and the Nation mourn the loss of the are in the Chamber as I speak—and, of is going to be a real focus placed by Chief, as he was affectionately known course, my friends in Nevada and this Congress because they absolutely by so many of us and known on the Su- around the country. I will long remem- must respond appropriately. I mention preme Court. We will all miss Chief ber the cards, letters, phone calls, e- that because of the reports, people call- Justice Rehnquist—from his brilliant mails, and other expressions of con- ing in about price gouging and exces- legal mind to his efficient and effective cern. So even though these words are sive profit taking. If that is occurring administration of the Supreme Court. insufficient, I thank you all for your anywhere, it absolutely must be re- We look forward with confidence as concern for me. ported immediately to the Department the President’s new nominee for Chief f of Energy and must be prosecuted to Justice, Judge Roberts, is considered. SUPREME COURT NOMINATIONS the full extent of the law. Judge Roberts learned from the best. We have asked the Homeland Secu- He was, in fact, a clerk, as we all know, Mr. REID. Mr. President, much has rity and Governmental Affairs Com- for then-Associate Justice Rehnquist. happened in the weeks since we ad- mittee to conduct vigorous oversight There is no doubt in my mind that journed for the August recess. In just hearings on what went wrong during Judge Roberts has the temperament, the last few days, we have seen tragedy those initial days and hours, and what has the skill, and has the mind to lead strike the gulf coast and learned that lessons we can learn from this awful the Supreme Court for decades to our friend, William Rehnquist, Chief tragedy. Most of our response and en- come. Justice of the United States, had ergy needs to be focused on the victims With that, we have a lot to do. I passed. Our thoughts and our prayers right now, both their evacuation and know the Democratic leader has a are with those struggling to pick up responding to their needs, but at the statement. Then we will have time this the pieces on the gulf coast following same time that committee will begin afternoon after our lunches for people the hurricane. And, of course, our their vigorous oversight hearings in an to come back and make statements as thoughts and prayers are with the orderly way to collect the appropriate well. Chief Justice’s family. information. Emergency response was Mr. REID. Mr. President, it is my un- I had the good fortune of working unacceptable early on and in many derstanding the Senate, under the with the Chief on several occasions, the ways I saw it firsthand as a medical standing order, is to go out of session first when I was head of the Demo- volunteer. We have to fix it. Those at 12:30 today. Is that right? cratic Policy Committee. I told my sorts of things should not happen in The PRESIDENT pro tempore. That Democratic Senators I was going to America today. is correct. ask the Chief Justice to come and talk Every issue before us we will be ad- Mr. REID. Mr. President, I ask unan- to us. They said he would never do dressing. Again, we are just coming imous consent, if my remarks take a that. I called him, and he was happy to back in. I look forward to doing that. little bit longer, that we wait until come. At that lunch, he displayed a One of the biggest problems on the after my remarks to put the recess. great command of the law, of course, a ground will be the issues surrounding The PRESIDENT pro tempore. With- strong commitment to judicial inde- communications, command and control out objection, it is so ordered. pendence, and something that we structures, and we will be addressing f didn’t know existed—a sharp sense of the longer term issues of housing long humor. Just a short time later, I got to term but also temporary housing, and EXPRESSION OF APPRECIATION know him better when he presided over issues such as health coverage and un- Mr. REID. Mr. President, the August the impeachment trial here in the Sen- employment insurance, getting power recess was memorable for me for sev- ate. back, restoring the ports back to activ- eral reasons, not the least of which was I am grateful to have worked with ity, dredging channels for those dis- my first visit to a hospital on my own him, and in addition to have spoken to placed, and making sure their insur- behalf since I was 8 years old. I am him on the telephone on several occa- ance coverage—if they were so lucky to grateful to the physicians who cared sions at his office and at his home. have insurance—is actually provided to and consulted with me. Admiral Eisold, As I have indicated, my condolences them in a timely way. the Physician of the Capitol, is really a are with his family. He will be missed. Let me close by simply saying I am national treasure. The Congress is for- Now that the President has said he humbled and inspired by the tremen- tunate to have his curative hand over will nominate Judge Roberts to replace dous generosity of all Americans who all we do. Chief Justice Rehnquist, the Senate’s have given so much of themselves and While speaking of admirals, I would advice and consent responsibility is their time and their energy over the be remiss not to mention the Senate even more important. If confirmed to last several days—and their money— Chaplain, ADM Barry Black. After my this lifetime job, Judge Roberts will be and the resources of compassion. I brief hospital visit, my first public ap- the leader of the third branch of the thank you and I know America thanks pearance in Nevada was at a faith- Federal Government and most promi- you. based summit I had been planning nent judge in our Nation. The Senate We are going to have to continue to since January. The event turned out must be vigilant in considering this invest. We are going to have to con- extremely well. The highlight of the nomination. tinue to pull together. The Senate is summit was a presentation of Dr. I, of course, look forward to con- rolling up its sleeves. It has done so. Black, our Chaplain. I only wish all sulting with the President on the We are at work and will work aggres- Americans—Christian, Jewish, Protes- O’Connor seat which at some time will sively to respond appropriately. tant, Mormon, Hindu, and Muslim— become vacant when the replacement I am confident that America will be could have heard his presentation on is chosen. Justice O’Connor, we have able to meet the challenges that lay faith and on virtue and why America heard from this floor and around the ahead. Through all of this, we will be must be a virtuous nation. His remarks country, has been a voice of modera- made stronger and better and more were inspiring not only for me but for tion and reason on the Court, and unified and more hopeful as we pull to- everyone within the sound of his voice. should be replaced by someone who, gether as a government and as a people I am happy to report that I am well. like her, embodies fundamental Amer- in this time of crisis. The American I feel fine. I have been advised medi- ican values of fairness, liberty, and people are leading the way, and to- cally that I have no restrictions on my equality.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9610 CONGRESSIONAL RECORD — SENATE September 6, 2005 HURRICANE KATRINA cane Katrina. My heart and prayers go Indeed, in recent days, my staff has Mr. REID. Mr. President, the work out to the individuals and the families been meeting with Senator LANDRIEU’s that we have to complete in the waning who have had to endure so much over staff to share the experience and the days of this session is significant and the last 8 days; first, the natural dis- expertise we gained in the wake of our difficult, and nothing we do in the days aster of Katrina and then the unnatu- widespread flooding in Iowa back in ahead can be more important than ral disaster of the delayed and deeply 1993. Some of the visual images, espe- flawed relief effort. cially of New Orleans and some of the helping the victims of Hurricane Last week, as this tragedy was un- other towns along the gulf coast to- Katrina get back on their feet. They folding, I was on a congressional dele- tally flooded with water, brought back are counting on us. It is their time of gation in Afghanistan and Pakistan, memories of the flood of 1993 in Iowa, need. We owe it to them to give them among other things, meeting with when whole towns were wiped out, everything we are capable of giving members of the Iowa National Guard some never to be rebuilt. People lost them. who are training units of the new Af- their homes, life savings, and memen- The most terrible tragedies routinely ghan Army. I will have more to report tos, such as pictures and family al- bring out the best in America and about that trip in coming days. While bums, the things that mean so much in Americans. We have seen that again in this tragedy was unfolding, most of the our lives. the aftermath of Katrina, one of the time I was in Pakistan watching. No I remember 1993 and those floods in most horrible natural disasters in the matter where we went, it was on tele- Iowa. At that time, I cochaired a task history of this Nation. vision, whether we were going to meet force, along with Senator KIT BOND of Americans are coming together and the President of Pakistan or whether Missouri, whose State was also dev- giving their time and money to the we were going out to a small village to astated by the same flooding, to iden- millions of victims. They are putting visit some schools we have helped to tify the types of assistance that would their personal concerns aside so they fund in the past in poor villages. Ev- be needed, as well as the best way to can put Americans in need first. Now eryone had a television focused on it. secure that assistance in Congress as they expect America’s Government to As I was there watching it unfold, I well as in the executive branch. I am do the same. had this terrible feeling of helpless- hopeful our past experience can provide There are dozens of steps the Senate ness; also, I must add, a feeling of em- a roadmap for officials responding to can take in order to get immediate re- barrassment and being ashamed that this latest disaster. lief to the victims of the gulf coast— our Government was not responding Some of the needed assistance is ob- steps we can take to make sure Med- more forcefully to this disaster. vious, beginning, of course, with food. icaid is easily and readily available to I will take advantage of this first op- Me must make sure these people who those who need it, to get families the portunity to be back in the Senate to have been displaced to other States get housing assistance they badly need, speak publicly about the events sur- adequate food and nutrition, and shel- and to get resources to the school dis- rounding Hurricane Katrina. There is ter, of course. It is so wonderful to see tricts all over the country so displaced no question FEMA has failed and, more so many people opening their homes, children do not lose a precious day of broadly, the Federal Government has their communities, their facilities, to this school year. These items must be failed the people of the gulf coast. In take care of people who have been dis- our top priority. other parts of the country that are vul- placed from their own homes and com- I commend the majority leader for nerable to similar natural disasters or munities. But we need to provide shel- clearing the Senate Calendar of the es- terrorist attacks, Americans are say- ter in the longer term. Where is that tate tax so we can focus on Katrina. We ing: There, but for the grace of God, go going to come from? People cannot live can do better. Families in Louisiana, I, go me or my city. It is important for 6 months, 9 months, 2 years, in the Mississippi, Alabama, and Florida are those responsible for this systematic Astrodome or in any other public facil- counting on us to do that. They are failure be held accountable and plans ity which is housing these people now. suffering, and they have nowhere else and procedures be put in place to avoid We have to find adequate shelter. to turn. We owe it to them to make any recurrence of this failure. Many of the people who have been their safety and survival our top pri- I know I will not be the only Senator displaced—let’s face it, the vast major- ority, and we should give them nothing demanding hearings and rigorous over- ity are very poor people, and I will less. sight by Congress in the weeks ahead, have more to say about that later— but that is in the weeks ahead. That is need health care assistance. Many of f down the road. Today, we must focus the communities are already at the RECESS on the immediate and longer term breaking point, in terms of providing human needs of the people of the gulf Mr. REID. Mr. President, I ask unan- health care to the poorest of their citi- coast. As ranking member of the Agri- imous consent that the Senate stand in zens. culture Committee and of the sub- We need to be doing something about recess prior to the hour that was cho- committee on Labor and Health and at least those three things—food, shel- sen, just a couple of minutes early. Human Services of the Committee on ter and health care—right now. In the There being no objection, the Senate, Appropriations I will do my part, again weeks and months ahead, more will be at 12:28 p.m., recessed until 2:15 p.m. with my distinguished chairman, Sen- needed, including grants to individuals. and reconvened when called to order by ator CHAMBLISS of the Committee on Grants to individuals helped immeas- the Presiding Officer (Mr. VOINOVICH). Agriculture, and Senator SPECTER, who urably in my State of Iowa after the Mr. LEAHY. I suggest the absence of is chairman of the subcommittee on flood of 1993, to help them move back, a quorum. Labor, Health, and Human Services, to get a start, to buy simple things like The PRESIDING OFFICER. The along with Senator COCHRAN, the full a bed, a stove, a refrigerator. clerk will call the roll. chairman of the Committee on Appro- Loans will be needed to small busi- The assistant legislative clerk pro- priations, to see we provide maximum nesses to get them back on their feet. ceeded to call the roll. resources for relief and recovery efforts Think of all the small Main Street Mr. HARKIN. Mr. President, I ask across the gulf coast region. businesses wiped out. They are going to unanimous consent that the order for For instance, we need to make sure need help to get back on their feet. the quorum call be rescinded. USDA, the Department of Agriculture, We need buyouts of homes in fre- The PRESIDING OFFICER. Without is able to meet the food needs of the quently flooded areas. Senator BOND objection, it is so ordered. victims and to assist hard-hit agricul- and I also worked together after the f tural producers. We will also need to flood of 1993 on hazard mitigation. extend emergency Medicaid benefits to Sometimes individuals located in an HURRICANE KATRINA hundreds of thousands of victims. I will area constantly under flood threats or Mr. HARKIN. Mr. President, the en- work closely with Senators and offi- which has been flooded numerous times tire Nation continues to be focused on cials from Louisiana, Mississippi, and need to be relocated. We did that very the millions of Americans who have Alabama, to ensure that their needs effectively in both Iowa and in Mis- been devastated and displaced by hurri- are fully and effectively met. souri.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9611 We need funding for community rede- disaster that continues to unfold. With In Houston, 20,000 people are being velopment. Much more will have to be the public health issues, the suste- housed and cared for at the Astrodome. done down the pike. nance-of-human-life issues, the needs Another 4,000 are being sheltered at the This Congress must step up to the that need to be met on a daily basis, Reliant Center. And 3,000 more are plate and do it. If we can spend be- this disaster, the full extent of it, is being housed at the George R. Brown tween $5 billion and $6 billion a month not yet even known. Convention Center. It is estimated that in Iraq, surely we cannot shirk our re- As we all know, Hurricane Katrina up to 100,000 more are in hotels and sponsibility to our own citizens in this hit the gulf coast on Monday, August shelters throughout the greater Hous- country. 29, leaving in its wake destruction and ton area, with around 200,000 to 250,000 As we learned back in 1993 in the devastation. The loss of life is incalcu- victims of Katrina in Texas. Iowa floods, there are other less obvi- lable at this time. The city of New Or- Mr. President, 20,000 volunteers in ous forms of assistance that are also leans lies in ruin, and residents of Lou- Houston alone have been working to critically important. I add here, psy- isiana, Mississippi, Alabama, and Flor- accommodate the enormous manpower chological counseling, psychological ida are struggling today to meet their requirements to put all of these efforts help for people who have lost loved most basic needs—shelter, food, clean in place. ones or were traumatized by the dis- water, and medical care. A lot of credit is due not only at the aster, especially young people and kids. This Congress has appropriated, on highest levels of State government, to I salute Governor Tom Vilsack, of an emergency basis, more than $10 bil- Governor Perry and his team, but also my State of Iowa, for leading a robust lion to help meet the most immediate to local leaders such as Harris County response to this disaster. He has or- needs of these victims of this disaster. Judge Robert Eckels and Mayor Bill dered our State Government to prepare But, obviously, there is more that White of Houston who have done an ex- for the potential relocation of up to needs to be done. cellent job working to mobilize the 5,000 people from the gulf coast region. Thousands of Americans now face the major county and city efforts to offer They will be given shelter and assist- daunting task of rebuilding their lives. immediate shelter to these victims. ance in communities all across our I am proud to report the people of my Both the judge and the mayor have State. Again, I am so proud of my fel- State of Texas are doing their part, been going to Fortune 500 companies in low Iowans. The phone calls have been welcoming literally almost a quarter of the greater Houston area to ask for im- coming in. They have room to take in a million people with open arms. While mediate help and have been met with one, two, or three people. They are some Texans are providing resources to generous offers of assistance. Shelter opening their homes. The churches meet evacuees’ immediate needs, oth- volunteers are working, also, to make across our State are saying they will ers are facilitating longer term needs sure the medical needs of these evac- do whatever they can to help find hous- for this large and displaced population. uees are being met. Dallas County ing and accommodations for people. State and local government agencies Health and Human Services has stated Governor Vilsack has also directed the are coordinating efforts on the ground that physicians are taking extra pre- Iowa Department of Public Health to and countless volunteers—from church- cautions to prevent the outbreak of deploy a 30-member team of doctors, es, synagogues, mosques, other faith- communicable diseases at the shelters. nurses, and other health officials to based organizations, and just good The Mental Health and Mental Retar- southeast Louisiana. hearted people—are providing all of the dation Department has deployed social I say to my fellow Iowans and to all help they can on a round-the-clock workers and psychiatrists to shelters my fellow Americans, our prayers for basis to ensure our neighbors’ needs to help deal with the mental trauma the victims are important, but as are being met. associated with this disaster. President Kennedy once reminded us, On the ground, nearly 2,000 soldiers But in addition to the immediate here on Earth, God’s work must truly and airmen from the Texas Air Na- needs for food, clothing, water, and be our own. Each and every one of us tional Guard are continuing to provide medical care, there are long-term can make a difference to the victims of assistance with Hurricane Katrina re- needs that need to be addressed as well. this disaster. There are dozens of orga- lief and security efforts. An additional We must also ensure that these long- nizations, including the Red Cross and 350 members of the Texas State Guard term needs are met by this same team Salvation Army, in urgent need of do- have also joined them. Texas National effort of Federal, State, and local offi- nations and assistance. Guard aviation has moved more than cials, as well as nongovernmental and So it is at times like this we are re- 6,650 people, distributed 20,000 meals, faith-based organizations. Federal minded we truly are one American and almost 40,000 bottles of water, and agencies have stepped up and have family. Families look out for one an- supplied more than a million pounds of given information to evacuees on how other. I have no doubt people all across material to help repair the breach in to receive Social Security and other this country will continue to open New Orleans’ levees. Government benefits while they are their hearts and be as generous as pos- Even as Texas leaders have notified temporarily displaced. sible in the days and weeks and months FEMA and Louisiana officials that we The Post Office has stopped mail ac- ahead. are nearing capacity, people across the cording to ZIP Codes so mail will not Likewise, I am hopeful this Congress State continue to open their homes to be lost and can ultimately be delivered. and this White House will also be gen- their neighbors in need and to reach Local district clerks have given infor- erous. We will do whatever it takes to out to help them in any way they can. mation regarding how to apply for help the people of New Orleans and the In the shelters, one of the most im- child support payments. And I recently gulf coast put their lives and commu- portant ongoing efforts is to locate a was in communication with district nities back together. place for displaced residents to actu- clerk Charles Bacarisse of Harris Coun- Mr. President, with that I yield the ally live on a temporary basis. The Red ty, who is working with attorney gen- floor. Cross in Dallas is doing everything it eral Gregg Abbott to make sure child The PRESIDING OFFICER. The Sen- can to register evacuees or those who support payments are delivered on ator from Texas. have been victimized by Katrina. This time to those who are entitled to them. Mr. CORNYN. Mr. President, I, too, will help facilitate the reuniting of Congress is also considering waivers rise in an expression of sympathy to these victims with their families and so the Department of Housing and the victims of Hurricane Katrina and loved ones. This effort is being dupli- Urban Development can give out to convey my deep gratitude to the cated at all other shelters. vouchers for housing. many people who are working in ongo- The city of Fort Worth and Tarrant My office has joined with the rest of ing relief efforts. County have partnered to provide the the congressional delegation to facili- As we gather here today, thousands best possible care for victims. The tate the Federal Emergency Manage- of people throughout the South are local government has taken full re- ment Agency’s ability to provide serv- struggling to recover from one of this sponsibility for this situation and is ices and assisting HUD to provide hous- Nation’s greatest natural disasters. managing these shelters in an efficient ing as quickly as possible to such an Really, if you think about it, it is a and professional manner. enormous number of people. Likewise,

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9612 CONGRESSIONAL RECORD — SENATE September 6, 2005 communities have joined together, and nesses and individuals offering free without homes, without security, then many good people are personally even goods or services to evacuees from we will have failed and failed miser- housing in their home those who have areas struck by Hurricane Katrina. ably. nowhere else to turn. These are just some of the stories of Our response to date has not been So I am gratified, but not surprised, goodwill and charity and big hearts worthy of our Nation, and we will have by the big heart of the people in the that we found in response to this ter- to examine why it wasn’t until last State of Texas toward those who are in rible disaster. I know the temptation is Friday that our brave and committed need. We know there are stories that perhaps almost irresistible, particu- National Guard forces were deployed to are heartwarming on a personal level larly here in Congress, to point the fin- deliver supplies to the starving, suf- as well as on a larger level as to the ger of blame at mistakes made, plans fering Americans stranded at the New way people are responding, which is in that were not executed the way we Orleans Convention Center. a way that we would all hope that if hoped they might have been. Believe The time will also come to determine the shoe were on the other foot we me, there will be plenty of time for why the mandatory evacuation order would respond. that. But I believe right now it rep- wasn’t implemented effectively and While we have heard there have been resents a distraction from the job we why the Army Corps of Engineers episodes of lawlessness, looting, and ought to be about, as exemplified by wasn’t given the resources long ago to other acts of desperation, it is impor- these wonderful Good Samaritans I prevent the collapse of the levees that tant to remember there have been in- have described this afternoon. caused most of the loss of life, espe- numerable acts of kindness from those We ought to be about making sure cially when FEMA had called such a expressing charity and goodwill which people have food, shelter, and clean hurricane one of the ‘‘likeliest, most I believe truly embodies the American water; that they have medical care; catastrophic disasters facing the coun- spirit and the Texas spirit. These are that their children are allowed to go to try.’’ some of the stories on which I would school; and that we help them get on Clearly, mistakes were made that like to close. with their lives and leave the blame cost lives, displaced thousands, and left I was told an expectant couple from game and the finger-pointing for later one of America’s most unique and Louisiana was so appreciative of the on. I know Congress and the Senate treasured cities under water and aban- warm welcome they received when will undertake a series of hearings— doned. There will come a time to hold they arrived in Dallas that they named and, in fact, this afternoon—looking at accountable the responsible officials their newest arrival, their baby girl, gasoline prices. We should and we will who allowed this disaster to become ‘‘Dallas,’’ after our fine city. even more disastrous. deal with that issue appropriately. We After a 23-hour drive to Texas, one But our first priority now is to do ev- also ought to look at the mistakes that woman gave birth to her new son and erything we can to meet the needs of named him after the hospital where he were made and things that could be our fellow citizens and to provide a was born in gratitude for the money, done better. I am confident the Home- helping hand to the countless generous gift certificates, clothes, and other ne- land Security and Governmental Af- Americans throughout the Nation who cessities that the hospital staff col- fairs Committee will, in due course, have opened their homes, their schools, lected for her. have hearings and make sure we learn and their communities to our displaced Louisiana resident Bernell Royal was from those mistakes and we do better fellow citizens. Today our job is to rescued from his rooftop with nothing next time. meet the great, daunting, and unprece- more than a bag of clothes—no identi- But I think more than anything else dented challenge of rebuilding the en- fication, no wallet, no personal docu- this is a time for Americans to pull to- tire region. ments or effects. He is now being gether. I wanted to take a few minutes Our obligation is to guarantee that housed at a shelter in Austin, TX. Al- to express my gratitude to the big- the Americans thrust into the darkness though he believes everything he hearted people of Texas for taking in of despair and homelessness last week owned is now gone, he told one re- these nearly quarter of a million evac- emerge with a restored faith in their porter: uees from Hurricane Katrina who had fellow citizens and a renewed belief I feel like in Austin I’ve found a new sense nowhere else to turn and who were that this is a land of opportunity. of respect, dignity and honor. I would love to looking for the milk of human kind- This is a challenge for all of us—as stay in Austin, get a job, and start a new ness, which they found in the great individuals, as public officials, and as life. State of Texas. members of religious and charitable or- We hope he will. Mr. President, I yield the floor. ganizations. In Duncanville, Darwin German II The PRESIDING OFFICER. The Sen- But above all it is the job of our na- and his family wanted to help hurri- ator from Massachusetts. tional Government, which alone has cane victims, so they decided to give Mr. KENNEDY. Mr. President, mil- the resources, the manpower, and the away what they had—free apartments lions of Americans on the Gulf Coast authority to lead this enormous effort. at the Candlelight Park Apartments. have endured an almost unspeakable The eyes of the world are upon us— Move-in costs will be covered, as well tragedy over the past 10 days. Thou- watching to see how we take care of as 4 months of free rent. sands are likely dead. Hundreds of our own. Dallas school officials over the week- thousands had their lives upended and The $10.5 billion Congress passed last end prepared to enroll approximately wondered so rightly why their Govern- week was an initial gesture, but it’s 500 student evacuees who were expected ment seemed to have abandoned them. just a small fraction of the amount to start school today. The Dallas Morn- Millions of Americans across the coun- needed to address the unprecedented ing News reports that Melissa Farria try are asking themselves when the challenges this entire region faces. It’s said when her children were registered suffering will end. only the beginning, and we need to rec- for school: We cannot undo what has happened, ognize that. These people are amazing. . . .When they but there is one thing we can do to re- We should move quickly, for exam- were saying they were registering students, I deem ourselves and to live up to our ple, to address the health needs of couldn’t believe it. greatest American ideals. these citizens. The disaster area is a And the University of Texas is like- We can commit that we will not stop, public health hazard as well. The flood- wise opening its doors to Texas stu- that we will not rest, until these com- waters are potentially disease-ridden. dents who were on their way to Lou- munities are back and stronger than Countless people have been injured or isiana universities. It has been re- before, until families have been re- taken ill as a result of the disaster. ported that 134 undergraduates and 60 united, and until the survivors of this The physical and mental health needs law students have now been enrolled at catastrophe are restored into the full of thousands must be met as they try the University of Texas and will be measure of American life. to cope with the horror that they’ve able to continue their programs of If 6 months from now we are still re- endured. study. ferring to American citizens as refu- We also need to ensure that the el- The Dallas Morning News is offering gees, if we are content that American derly and disabled who rely on supple- free classified advertisements for busi- families are holed up without jobs, mental assistance to live continue to

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9613 get it, even though they’ve been dis- Gulf Coast Redevelopment Authority, These cities and towns are not just located. with cabinet rank, to coordinate plan- bricks and mortar. They are commu- We must do all we can to see that ning and funding needed to restore the nities and economies of countless fami- school children and college students infrastructure of that battered region— lies, neighbors, and business owners, don’t miss a year of their education. the electricity, water, gas, roads, rail- desperate for a return to normalcy. There are approximately 70,000 chil- roads, and bridges, and, especially, the It’s said that nearly 80,000 jobs in dren in the New Orleans school system, levees and flood control facilities. New Orleans alone are provided by the some 7,000 to 8,000 schoolteachers. That These actions are beyond the ability of tourism industry. How many more of school system has effectively been any single community, city, and State those jobs can we save—how many completely destroyed—all of the books to handle on their own. It is a national more families can have stability lost, all of the records completely lost. responsibility, and we need a capable again—if we get the city back on its We don’t know where those school- authority to work with State and local feet in 6 months as opposed to 1 year? children have moved to, which children officials and local citizens to rebuild Two years? Three years? How much have gone where. The payrolls for all of the future. human misery and suffering can we the school administrators have effec- The scope of this national crisis ex- still prevent? tively been lost. We know that what I ceeds anything since the Great Depres- I’m impressed with the way the just mentioned for New Orleans has sion. It’s the first time a major U.S. Army Corps of Engineers is working to been replicated in school district after city has been leveled since the San rebuild the levees and begin to drain school district throughout the whole Francisco earthquake of 1906. It will away the water. It’s such a critical gulf area. likely exceed the cost in human lives step in locating the missing and begin- School districts across the country of the Galveston Hurricane of 1900, ning the process of recovery. are taking in children from the dis- where more than 8,000 persons are The Army Corps now estimates that aster area. Thirty-five cities as far thought to have perished. perhaps within 30 days, New Orleans north as Detroit have come forward to It’s the kind of disaster we no longer and the surrounding areas will finally date, we understand, with Houston thought possible in an age of instanta- be dry. working to serve 6,000 students, Dallas- neous global communications, rapid The question for Congress and the ad- Fort Worth making room for 5,000. transportation, highly accurate weath- ministration is will we be ready on Day These school districts are doing our er forecasts, and advanced engineering. 31? Will we be ready to start cleaning Nation a great service. We need to It was most certainly the kind of suf- the streets and homes and removing make sure they have the support they fering that should not be tolerated by a the ghastly evidence of this most un- need as they step forward. modern society with so many tools at bearable tragedy. In my own State of Massachusetts, a its disposal. We owe it to the living to be ready. number of colleges have offered to take In the weeks, months, and even years We owe it to the charitable organiza- the graduate students that were study- ahead, the recovery from this dis- tions that are filling in the gaps and ing at law schools such as Tulane and aster—the complete, total, and unam- helping the displaced to get back on biguous recovery—must become a pri- other students who were studying at their feet. We owe it to the first re- mary focus of our national govern- the great universities in Louisiana and sponders who are giving so much of along the gulf area. This is something ment. As elected officials we cannot allow themselves to ease the suffering. we should follow up on, the challenges, We owe it to the millions of Ameri- this work to be sidetracked by lesser to make sure that the students, wheth- cans who are opening their hearts and priorities. If we don’t get this right for er it is K–12, whether it is in college, or our fellow Americans, little else can checkbooks to their fellow citizens. History is watching us now, and it whether it is in graduate schools, we matter. reach out to try to assist students in For our political leadership in Wash- will judge our actions. We can’t undo the educational area. ington, in the White House and here on the failures in planning over many Colleges are volunteering to admit Capitol Hill, this is a test of wills, a years or the failures in the immediate displaced students from the region. We test of leadership, a test of vision and response over the past 10 days. must offer them additional aid for gen- compassion. But we can resolve to dedicate all of erously admitting these students and It will require singular focus and an our energies and resources, and our re- must assure that adequate student aid unyielding commitment. solve from this point forward to re- is available to those who temporarily The most immediate task is still to sources to bring about a complete and attend a new college. save lives. Over 1.5 million have been total recovery for the entire Gulf Coast The hundreds of thousands of work- evacuated from the devastated area, area, and the men and women and chil- ers who now have no jobs need an in- but many still remain, particularly in dren who’ve endured more than any of come to help them overcome the delay outlying rural areas cut off the most us can possibly imagine in this massive in finding new employment. We must from the outside world. tragedy. amend our disaster unemployment as- Local authorities, the National To the Gulf Coast region we need to sistance laws to enable these men and Guard, and the Coast Guard are still be like Aaron and Hur who held up women to qualify for help. For exam- trying to reach and rescue men, Moses’ tired arms in battle. ple, under the emergency unemploy- women, and children from the ravaged Today, we need to be just as dedi- ment provisions, you to have wait 30 areas. It’s a race against time before cated to the Gulf Coast region if we are days in order to be eligible to be a re- waterborne disease, dehydration, and going to lead our fellow Americans out cipient. That is obviously a rule that neglect take their toll. They are work- of this time of darkness to a better and has to be addressed if we are going to ing around the clock, and they deserve stronger future. use that particular mechanism to get all the resources they need. The Katrina disaster also shines a income to these needy families. For the hundreds of thousands of bright light on another challenge fac- We need to rebuild the public health Americans thrust into homeless shel- ing our country—the glaring economic infrastructure which is under increas- ters as a result of the tragedy, we need disparities facing our citizens. Those ing strain as the number of uninsured to make sure they are getting the care, with means were able to escape the dis- continues to climb. Sadly, Hurricane nutrition, and counseling they so des- aster. Those without could not. Katrina has only made this crisis perately need. Those with means can slowly and worse. But the urgency is not limited to painfully rebuild their lives. These are but a few of the actions we these immediate and enormous human- Those without means have nothing must take—and take now—to deal with itarian tasks. It extends to the rebuild- to let them rebuild. the immediate needs of those displaced ing efforts too, because the more rap- As a nation, we must be sensitive to by Katrina and of the communities idly we can revitalize the great city of this inequality—sensitive as we re- that have so generously taken them in. New Orleans, and so many other com- spond to Katrina, and sensitive, too, as In the longer term, I believe we munities, the sooner we can help peo- we select new Justices for the Supreme should establish a New Orleans and ple rebuild their lives. Court. That’s a critical question for

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9614 CONGRESSIONAL RECORD — SENATE September 6, 2005 Judge Roberts. Can he unite America ural disaster, Hurricane Katrina, and The other thing we did was we made for the future? now by the response of their own Gov- sure that we practiced the three Rs for I yield the floor. ernment. FEMA. What were the three Rs? Readi- The PRESIDING OFFICER. The Sen- It did not have to be this way. It did ness, response, and recovery. It took ator from Maryland. not have to be this way. In 2000, a tip- time, it took money, and it took co- Ms. MIKULSKI. Mr. President, I top FEMA was turned to the Bush ad- operation. But again, working on a bi- know we have been alternating be- ministration. President Bush appointed partisan basis, we had it accomplished. tween the Democrats and Republicans. Joe Allbaugh to be head of FEMA. We We worked, as I said, with President I note that there is no Republican on kept the legacy of reform that had Bush 1, then with President Clinton, the Senate floor, and I will therefore begun under President Bush 1 and had and then, even though I chaired FEMA now proceed in the interest of economy started with Andrew Card and myself appropriations and was the prime of time. working on a reform of FEMA. This re- mover in 1994, Senator KIT BOND be- The PRESIDING OFFICER. The Sen- form left FEMA in tiptop condition to came the chairman of that wonderful ator is recognized. respond to a crisis of a natural disaster subcommittee, and for a decade, he too, Ms. MIKULSKI. I note Senator LOTT in an American community. working hand in hand, kept the mo- has come to the floor of the Senate. I I want to recall this to my col- mentum of reform going concentrating didn’t know if the Senator wished to leagues. Back in the 1990s, I chaired an on a professionalized FEMA that could speak, as someone who has lost his appropriations subcommittee called work on readiness, recovery, and re- home in his State. I am happy to re- VA–HUD and Independent Agencies. sponse. turn to my time. Would the Senator One of the independent agencies was The States were ready, we were like to talk now? FEMA. We saw its lackluster perform- ready, and I think everyone agreed dur- Mr. LOTT. Mr. President, I thank the ance in Hugo. But when Andrew hit ing that time it worked well. Senator, my good friend and my part- Florida it was a disaster. It was a dis- Well, now something terrible has ner, for allowing me to have this oppor- aster of proportions from the hurricane happened since 2000, since 9/11, and I tunity. But to tell the truth, I just ar- and then again the ineptness of FEMA. will tell you what happened. First of all, somehow or another, rived a few minutes ago, and I am still Well, we went to work, hands on. FEMA has lost its way. Since it has a bit emotional right this minute. If President Bush 1 sent Andy Card to moved into Homeland Security, it has she would continue to give me just a Florida and he began to work and we become unfocused, it has become un- few minutes to get my papers in order, on appropriations began to work, and clear, it has lost its direction of being I would appreciate it. we worked across the aisle on a bipar- an all-hazards independent agency. Ms. MIKULSKI. Certainly. We wel- tisan basis to help not only Florida but Therefore, today, I am proposing a cou- come you back. And to the people of to take a longer look at the need to re- ple of things. I am proposing that, No. Mississippi, know that we extend our form FEMA. And again, working on a 1, we restore FEMA to being an inde- concern and want to put our good in- bipartisan basis, reform FEMA we did. pendent agency responsible to the tentions into operation. We took it from an agency that was fo- President the way it was before 9/11; I come to the floor of the Senate to cused on the Cold War, was riddled No. 2, that we also make sure that, as speak about what has happened to our with cronyism both at the National an independent agency, it is an all-haz- country and ideas on how we can move and State Governments. There was a ards agency run by a professional. I forward and make sure this never hap- tradition that because FEMA was only think it is time that Michael Brown pens again. I note that the Presiding organized in the case of a nuclear at- leave FEMA. I think he either should Officer himself has been a mayor and a tack that you did not have to put in leave voluntarily or involuntarily, but Governor, so he knows what these kind professionals because it would not mat- we need a professional in charge of of challenges are. ter; we would all be dead anyway. So FEMA; No. 3, there should be a com- Last week on the Senate break, when there was cronyism, it was unfocused, mission to look at what happened. But I saw what was happening in Lou- it was of the Cold war, but again, work- we can’t wait. There is much to be isiana, in Mississippi, and in Alabama, ing on a bipartisan basis, we in appro- done. There is much rebuilding that I couldn’t believe it. I could not believe priations worked with the White House needs to be done. We need to make sure the devastation that occurred in these to change it. that we are helping our own commu- communities where entire neighbor- President Clinton came in, and we nities. hoods were wiped out, that a wonderful kept the reform momentum going. And First of all, we want to congratulate city we have all loved and admired and what did we do? We said, No. 1, that the people at the local level for their enjoyed, New Orleans, was now under FEMA, first of all, should say goodbye tremendous resiliency, the people of 10 feet of water, that the people of Mis- to the Cold War and hello to being a Mississippi, Alabama, and, of course, sissippi all along their coast lost their risk-based agency, to take a look at Louisiana. No. 2, we need to congratu- homes, where with the flyovers all you what most American communities late the nonprofit sector—the Red saw was wreckage, people on a beach would be threatened by. In those days, Cross, the Salvation Army, Catholic and an American flag and a sheet say- it was a hurricane, it was a tornado, it Charities, also universities that are ing: Please help us. And then also this was an earthquake. And then for it to taking in students. We need to thank going on in Alabama. We in Maryland go to an all-hazards agency, whether it people from around the world who not know what it is like for a hurricane to was a train that got stuck in a Balti- only have sent condolences but have hit. Just a few years ago, we survived more tunnel with toxic fumes that we sent resources, and we appreciate their Hurricane Isabel where we had commu- worried about or whether it was an help. But we need to make sure that we nities that looked like Baghdad on the earthquake in California or a tornado have a FEMA that the American people bay. So we were very concerned. in one of our Midwest States. can count on. We need to restore it to One thing we had was confidence that The other thing we focused on was an independent level, make it an all- hope and help would be on the way. that FEMA had to be run by profes- hazards agency, make it one that fo- Well, my gosh, this did not happen. I sionals. It had to be run by someone cuses on readiness, response, and recov- could not believe the slowness and the who had dealt with management situa- ery. sluggishness of the response to these tions. And that was either a civilian in- What we can do now with new leader- communities; that it was the private volved in emergency management or ship is focus on the recovery part. We sector that was on response a lot faster possibly someone from retired mili- want to say to the people of these than our own Government. tary, and we asked each Governor to States we know that when the TV cam- Mr. President, this is just unaccept- also reform themselves at the State eras leave, your Government cannot able. This failure of Government to be level. We literally upgraded FEMA leave you, we cannot forsake you, we able to respond more quickly and more from the State and local level to the cannot abandon you. To the Governors effectively shows that the people in national level. We have had James Lee of the States that have welcomed these these States have been doubly victim- Witt. We had Joe Allbaugh, things were people, from Texas to Georgia to Ar- ized. They were victimized by the nat- improving. kansas, each struggling, we say that we

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9615 need to be there to help you. For all the United States of America. And to get there, but somehow or another those other States that have sent help, then for the long haul, let’s make she begged, borrowed, wound up in the including my own State of Maryland, FEMA an independent agency—an all- disaster area handing out materials, we need to back those States and back hazards, professionally run inde- supplies. Nobody paid for it. Nobody those communities. pendent, responsible only to the call of asked for it. She loaded up and went to I say to all those people who have no the Commander in Chief. the sound of the cannon, and she made home and living in temporary shelters, Mr. President, I once again say, God a difference. we need to help you find a way. For all bless America and the people of its Yesterday, when I flew in a Black of you who are living in motel rooms communities. I look forward to work- Hawk helicopter to Poplarville, MS, because you could evacuate, running ing, on a bipartisan basis, to resolve one of the areas off the Gulf Coast that out of time, running out of money, we this issue. I thank the Chair. one does not hear a lot about, to make need to identify who you are, see where The PRESIDING OFFICER. The Sen- sure people in rural and small towns you are, to make sure you are con- ator from Mississippi. know that help is on the way there, nected with your family and begin to Mr. LOTT. I thank the Chair. too, I was escorted by our delegation. see if we can’t connect you with a Mr. President, I say to the distin- We had a Mississippi Black Hawk and home and with a job. We need to be guished Senator from Maryland, Ms. three New York National Guard Black able to do that. But in order to do that, MIKULSKI, I appreciate her kind re- Hawk helicopters. Some of the first Na- No. 1, we need new leadership at marks, and I know how she feels, on a tional Guardsmen who arrived were FEMA. No. 2, we need to reform FEMA. human and an individual basis, and I from Michigan. You name it, I can tell And No. 3, we need to look ahead. know she will be working with us to a story about every State. There are those who say: Well, Sen- make sure that the full force of the On Wednesday, when I was digging ator MIKULSKI, FEMA went under Government is used and that where we through the rubble of my own neigh- Homeland Security because of a global need changes and where we need help, borhood, some guys walked up from war against terrorism. We know that, we will work together to put those in Bert, FL, and said: We know a little bit and I was one who voted to put it place. about hurricanes. We know you are there. Well, I will tell you, would you I have learned, once again, that hurting and you need help. We have six trust FEMA now if a dirty bomb hit a Mother Nature is a great equalizer. men, a bobcat, and a front-end loader. city? Would you trust FEMA now to be When you experience what we have ex- How can we help? I said: Can you clear able to respond to a chemical or bio- perienced, which is an attack of monu- that road, where we could get through logical weapon? The answer is no, no, mental proportions, politics and par- there because the traffic in that area is no. tisanship, national origin and eco- getting to be a problem. And there is a Much needs to be done. First of all, nomic status, religion, all of that is little retired schoolteacher living back we need to support those communities put aside so that you can work to- over here. We have not been able to get that are helping other communities. gether to help people who are strug- into her house. The debris was 6 or 8 We need to also salute that which is gling for their lives, literally. feet up against her doors. We were working. Three cheers for the Coast I want to take a few minutes to talk afraid she was in there, but she showed Guard that was one of the first on the about what is the situation there. I up later in the afternoon, and we got job doing rescue; support the private came back because I wanted to express her into her house. I do not know those sector, America’s corporations that are my feelings in a number of areas and guys. They were from Bert, FL. If they both paying their employees and send- talk about the devastation and not try are listening, if they ever hear this, I ing in incredible donations. We need to to complain—in fact, I will not com- want to thank them for loading up and support the nonprofits that are also plain—but tell people how they can coming to help. helping. But most of all we need to sup- help. We need solutions, and we need Now, I have been dealing with disas- port each other. actions. After a couple days here, ters in Mississippi and in our region for I want to, once again, as I did at the where I can maybe meet with Cabinet 37 years, going back when I was a staff time of Hurricane Andrew, reach across Secretaries and meet with others who member for a Democratic Member in the aisle to an American President to make decisions, we will go back, and the House. So I have dealt with hurri- say let’s stop using the term ‘‘refugee.’’ we will continue the effort. We are not canes. I was there for Camille, and I Let’s start using the term ‘‘Ameri- at real cleanup yet, certainly not re- promised the Good Lord, if he would let cans.’’ Let’s start using the term ‘‘citi- construction. We are still dealing with me live through that one, I would not zens.’’ Let’s start acknowledging that devastation, search and rescue, and stay for another one. I have not stayed we are all one people under God, indi- health and safety. And it is desperate. for any more. I leave, and then when visible. Let’s work to reform FEMA. I want to begin by thanking my col- the wind slows down, I go back and I Let’s get in the right leadership. And leagues. So many of my colleagues take down the boards and I pull the de- then let’s work with the right re- have sent messages, have called my of- bris, with my neighbors and my friends sources, and let’s do it in a spirit of co- fices, have gotten through to me and and my family. This time we could not operation. We had that spirit after 9/11. made huge efforts to try to express even pull the debris. There was too That is what somebody did to us. Now, their concerns. I don’t want to belabor much of it. But I have seen hurricanes we had a hurricane do something ter- this point, but one of the calls was of all kinds, and I have seen tornadoes rible to us. We should not do unto our- from Senator KERRY from Massachu- and the devastation from ice storms selves by not responding to the needs setts. He said that he and Teresa had and floods. We have had everything in of our own people. Somebody once said been worried about my wife Trisha and Mississippi but locusts, and I expect it takes a village to raise a child. Right me and could they help. I said: You bet. them to show up real soon. This is a now it takes a country to raise these He said: What can we do? What do you disaster of biblical proportions. I want villages and all of those towns. My need? Where do you need it? I told him: the people to understand that. heart goes out to them. As I said, we in Don’t worry about distribution. You let My house is irrelevant, in the bigger Maryland know what it is like to be on us know when you are going to land. picture of what happened, except for the coast and be hurt. I say to my col- We will have people for pickup and dis- one thing. This house was 150 years old. league who has lost his beloved home tribution. It was 12 feet above sea level. It was 8 that has been in his family for years, That story can be told hundreds of feet off the ground. Senator MCCON- looking at him as a Senator, he has times over from friends or people you NELL slept in that house. It was noth- some power, and we are going to help do not even know, Republicans, Demo- ing special, but everything in there was him, but we think about all the little crats, people from Michigan, Illinois. It special. The point though is, for 150 people, all the little people, and we makes no difference. I could tell you an years, this house had been able to with- think about how we can help them. If anecdote about every State. A lady stand everything Mother Nature could we work together as a country and from Illinois, pastor of a church, want- deal her. Yes, we had the porch torn off make sure we work with America’s cor- ed to do something. She loaded up her and we had the roof replaced several porations, we will get the resources in own van, did not even have enough fuel times and we had other damages, but

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9616 CONGRESSIONAL RECORD — SENATE September 6, 2005 basically it stood right there similar to from 33 counties in my State, mayors, ficial was and asked: Did you request a rock, and that is my hometown, supervisors, clerks, sheriffs, police the trailers? Pascagoula, MS. As you go west, the chiefs. And by the way, I cannot give Yes, 20,000, 2 or 3 days ago. damage gets worse and worse and enough accolades for what they have What is the problem? worse: Biloxi, MS, Gulfport, MS, Pass done. I told them: Look, I do not want He said: I do not know. I have made Christian, Long Beach, Bay Saint to hear about the problems of yester- the request. So then the word from Louis. Waveland, MS, no longer exists. day. I want to hear what your problem FEMA was: Well, we have not been told You might say, well, the buildings are is today. Tell me what the solution is, where to put them. Excuse me? The still standing. They were gutted. No, and we will fix it before the sun goes whole area is slick. Park them any- there is not a building standing—this down. where. There are no parking limits. We little community of 7,000 people. And I want to give some idea of what is are a parking lot. That is ridiculous. then there is New Orleans. A lot of peo- happening. The loss of life is just, one So there is bureaucratic nonsense ple have been so emotionally touched cannot even comprehend what people going on, but we are getting there. We and upset by what they have seen are dealing with. Of course, similar to have that problem resolved. We have there, but one of the things they need everything else in life, when you have FEMA talking to MEMA, talking to to know is the hurricane hit us Mon- a disaster such as this, it is bad on ev- the people who have the trailers. Three day. Their biggest disaster was Friday erybody. The poor people and the peo- hundred arrived this morning; 20,000 because the levees broke, the pumps ple in low-lying areas, they are hit more are coming. We will get through had salt in them, and they did not harder than anybody, and we have to that. work. I flew over Jefferson Parish on make sure we help them. I want to thank the Red Cross, the Friday with the President. They had I want to specifically thank a few Salvation Army, all the other char- water up to the roof lines of the houses people. It is not a long list and I am ities, individuals, and churches. My standing there, and it had been rising going to miss some and I will be back wife, yesterday, worked all afternoon ever since about Tuesday or Wednes- to get to the rest of them. The first re- loading an 18 wheeler at Christ United day. So their worst disaster was not sponders saved a lot of lives, even Methodist Church, Jackson, MS, where the hurricane; it was the aftermath. saved property, which became irrele- Baptists, Methodists, Catholics, and I flew over and saw three big fires vant. National Guard, Coast Guard, Jews were all working together, all going on in New Orleans. Nobody was military in general, they are working kinds of backgrounds, loading those 18 trying to put them out. You know now, the Seabees, the Corps of Engi- wheelers. Nobody asked to pay for it. why? You could not get there. Finally, neers, the Navy. For the first time in Nobody told them where to send it. the National Guard came in with heli- history, we are moving Navy flat-bot- They said: We are loading them, and we copters and buckets and helped a little tomed troop carriers in to house people are sending them to the First Baptist bit. so that emergency workers will have a Church, Pascagoula, the First Pres- So the proportions of this are enor- place to sleep at night and get a warm byterian Church, Pascagoula, and to mous. And for that reason, our re- meal. Once again, we saw that the mili- the Episcopal Church at Ocean Springs, sponse has not been perfect. A lot of tary is not only for Iraq. We need the MS. They are there this morning with criticism has been pointed at this place military for here. things such as Clorox—never stop to or that place, why was the military not You know when they got order in think you need that—cleaning mate- there earlier, or this person or that New Orleans? When the 82nd Airborne rials. group? It took the National Guard in pulled in, the shooting stopped. They I saw the Red Cross riding around. my home State, going from Camp brought in a tough general that came They did not wait for people to come to Shelby, 70 miles, to Gulfport, MS, 7 off the plane cussing. Within 6 hours, them because people could not get hours because they had to cut their things were under control. So I want to there. The Red Cross people went into way through a major highway. High- thank them all. Policemen, firemen, the communities and said: Here is a way 49 was covered with pine trees. stories I have heard, people I have seen, Styrofoam plate of warm food. Some They were still falling the next night emergency rescuers, ambulance, all of people had not seen warm food for when I went through there because those first responders. Local and State days. Some people had not eaten for they were kind of standing there and officials do not get enough credit. days. And they are out there handing eventually fell right on down. In my State of Mississippi, one rea- out water on the frontline. The Salva- When you got on the ground, we did son why I think we are doing a little tion Army never asks questions; they not know exactly where it was going to better than we have in the past or than provide help. So all of those are doing hit, and then the proportions of it ex- some other areas is we have the best a great job. ceeded what anybody expected. And quality of elected officials, men and I want to do something else too. even when you got there, you could not women, mayors, supervisors. Our Gov- Well, before I get to that, volunteers, communicate with anybody, no hard ernor, Haley Barbour, and our Lieuten- boy, they have been great—people lines, no cell phones operating, no ant Governor, Amy Tuck, they have all showing up saying: Where do I go? That blackberry messages were coming and been pulling together, and they deserve is one thing we do need is leaders. You going. It took us 2 days to get to where a lot of credit. Federal officials, there have to have somebody who will be people were. We are still looking for are so many things that have happened willing to take charge and get people people we have not been able to find. A I cannot list them all. Cabinet Secre- coordinated. That takes a little time. lot of the bad things that I have tried taries and agency people, individuals, I also want to put a list in the record. to deal with turned out to be rumors. I FEMA is there on the job. They are It is a long list. I ask unanimous con- had two good friends who were identi- getting hammered the most, and we sent that this list be printed in the fied basically as missing or dead Tues- will have to think about whether they RECORD. day. Well, they were there Friday. I are set up in the right way, but there There being no objection, the mate- was told I could not get to my house; will be time for that. rial was ordered to be printed in the the roads were closed. I advised what I Right now we want to know what can RECORD, as follows: was going to do to anybody who tried we do to help them do a better job. In DONATIONS AND ASSISTANCE to stop me. When I got there, there my own State of Mississippi, the Mis- RETAIL AND BUSINESS were no blockades. I went right sissippi Emergency Management Ad- Wal-Mart through there like lightening, and so ministration has been criticized. I was Donated $1,000,000 each to the Salvation did everybody else. So there are rumors about ready to express myself in a very Army and Red Cross. about things. profound way yesterday about the fact Donating $15,000,000 to jump start the na- Now, have mistakes been made? Is it that we do not have emergency housing tional relief effort. As part of this donation, mini Wal-Marts are being established to give bad? Is it still horrible? Has it not been arriving yet. I was told that the Mis- free food, water, diapers, toothbrushes and fast enough, good enough? Yes, yes, sissippi Emergency Management Ad- clothes to victims. yes, yes, yes. What good does that do? ministration had not requested the Using stores as staging areas for disaster I met yesterday with elected officials trailers. So I got to where a MEMA of- assistance and distribution centers are

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9617 stocked with flashlights and blankets for dis- Offering rail transportation to aid in the Trying to get portable TVs in the affected bursement. relief effort to the Governor’s of Mississippi, areas. Have several truckloads of supplies head- Louisiana and Alabama. DirecTV ing to the area. Honeywell Dedicated a channel to FEMA alerts, Red Giving funds to displaced employees for Donated planes and crews to help transport Cross announcements, press conferences and housing, food and basic needs. relief related cargo. local shelter information. This channel will Home Depot also be available for public officials to com- ASTAR Air Cargo & ATA On phone with Governor’s office to see municate with the shelters. They are work- Helping with air lift operations. where the below is needed most. ing with the Red Cross to provide this serv- Have more than 800 trucks staged in the Koch Industries ice to approximately 250 shelters across the area for deployment. Donating $1,000,000 to the Red Cross and area. Directing generators, flashlights, bat- $250,000 to the Salvation Army. Established a Hurricane Katrina text mes- teries, tarps, plywood, etc. to areas hit by Matching employee donations to either or sage and e-mail message line for people try- Katrina. organization up to $1,000,000. ing to connect with loved ones. They leave a message with their name, location, who Partnering with Super Value to deliver General Electric non-perishable food items like beef jerky, they’re trying to reach and the message. Gave $6,000,000 to the Red Cross and em- peanut butter, bottled water, diapers, etc, Messages are then transcribed and scrolled ployees have given an additional $1,000,000 Planning six sites for ‘‘tent stores’’ that will on Hurricane Channel mentioned above. that GE matched—making a total of be staffed and supplied in the following days. New Skies Satellite $7,000,000 from GE and an additional Have generators on the way to Northrop Donating satellite capacity to the FCC and $1,000,000 from their employees. Grumman for their use, per Pickering’s re- FEMA to help facilitate communication via Sending at least $10 million in medical de- quest according to Beth. satellite phones and Internet access. vices, power generation equipment, water Offering the service of their engineers to FedEx purification and other goods and services as area communications companies to help Flying a plane of relief supplies into New identified by Federal relief authorities. them get back operational. Orleans. BANKS & FINANCIAL INSTITUTIONS OIL COMPANIES Donating $500,000 to the Red Cross plus Citigroup $500,000 for shipping costs in addition to the Chevron $250,000 annual donation and annual $850,000 Making a direct donation of $1,000,000 to Donated $5,000,000 to the Red Cross. shipping. the Red Cross and employee matching for up Erected a ‘‘tent city’’ near the Pascagoula Giving logistical support to the Emergency to $2,000,000—possibly more if contributions refinery for their 1,500 employees and their Command Center established in Louisiana. exceed this amount. families. The site will include water, first A chartered flight today from Newark will Suspending credit card payments, fees and aid, food, bedding and toiletries. carry 90,000 pounds of cots and hygiene kits interest charges for customers in the dis- ExxonMobil to evacuees located in the Houston Astro- aster areas. Also working on a case-by-case Committed $7,000,000 to the Red Cross and dome. basis to help with house mortgage payments other national or local charities. for those customers. Ashley Furniture Working with FEMA and other local emer- JP Morgan Chase gency management organizations to provide Donating $500,000 to the Red Cross plus em- fuel and lubricants. ployee and individual store donations. Donating $1,000,000 to the Red Cross and Shell Willing to sell furniture to FEMA below matching employee donations up to showroom costs for storm victims. $1,000,000. Donating $2,000,000 to the Red Cross and Working with their 1.5 million customers matching employee donations up to SmartSynch in Mississippi to quickly process checks and $1,000,000. Accepting donations of clothing and other loans. GOVERNMENT DEPARTMENTS items to be taken and distributed to evac- BankPlus Health and Human Services uees in Jackson area shelters. Established an account for donations to Sending 10,000 beds and supplies to local FOOD RETAILERS the Red Cross. They are matching donations hospitals. Altria (Kraft) up to $250,000. Department of Education Sending 4 truckloads of Fruit20 and 2 PHONE COMPANIES, MEDIA & COMMUNICATIONS Examining ways to redirect existing funds truckloads of snacks, cookies and Capri Sun Bell South toward relief efforts. to the Red Cross. Student loan borrowers living in affected Sending 1 truckload of Fruit20 and 1 truck- Have two ‘‘tent cities’’ set up in Gulfport areas may delay payments on their loans load of Planter’s Nuts to Americares. and Lyman with supplies for employees and without penalty. retirees. Another tent is being set up in Hat- Quizno’s On a case-specific basis the Department tiesburg. will relax certain reporting provisions of the Trying to coordinate food shipments from Cingular No Child Left Behind Act for affected states. their Jackson store to the Coast. Sending trailers of meals, ice and other Department of Justice Mar’s personal items to Ocean Springs. Donated $5,000,000 to help fund emergency Working on getting truckloads of snack Sending text messages to customers asking law enforcement. Mississippi will receive food into the Gulf Coast. them to donate to the Red Cross. $879,056 of that. TRANSPORTATION INDUSTRY Setting up a tent city for their employees Housing and Urban Development Nissan and working to ensure those employees af- Established a toll-free number (866–641– fected get paychecks. Donating $500,000 to the Red Cross and 8102) for the public to get information on Moving ATMs and health clinics in these matching employee contributions up to housing needs. tent cities by this weekend. $250,000. Identifying vacant multi-family housing, Leased 50 trucks and SUVs to the Mis- Verizon public housing units and HUD-owned homes sissippi Emergency Management Agency. Encouraging customers to donate by send- in a 500–mile radius of the affected areas that could be used as temporary housing. ing text messages to a central number Ford Disaster voucher assistance for any family (2HELP or 24357). Their donation to the Red Organizing blood, clothing and monetary rendered homeless—$200 million available Cross will be added onto their bill. The first drives to benefit the Red Cross and Salvation with authority from Congress. message will add $5.00 and a second will add Army. Vouchers for replacement units for dis- $25. Donated approximately 165 SUVs, heavy- placed public housing families or displaced duty trucks and vans for relief efforts. Nextel residents living in other HUD multifamily Deferring car payments for 90 days to Have 11 satellite trucks in the area and projects—$50 million available. those in the affected areas. giving out free phones to victims of the hur- Indian Community Development Block Grant funding—up to $300,000 per grantee— Toyota ricane. for disaster relief for Indian housing and ABC/Disney/ESPN Donating $5,000,000 to the American Red Tribal areas. Cross and other hurricane-related relief ef- Running free PSAs for the Salvation ASSOCIATIONS & CHARITIES forts. Army. American Trucking Association Northwest Airlines Donated $2,500,000 divided into the fol- lowing categories: $1,000,000 to the Red Cross, Making a $10,000 donation to the Red Cross. Making planes available to fly relief into $1,000,000 to various children’s charities and The Gulf Coast Relief 5K Run the affected areas. $500,000 to help supply volunteer shelters. James Carville and Mary Matalin, Pacers BNSF Given toys and videos to the Red Cross for Running Stores, Mizuno USA and Great Har- Donating $1,000,000 to the Red Cross. children. vest Bread Company are hosting a 5K on

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9618 CONGRESSIONAL RECORD — SENATE September 6, 2005 September 17th in Old Town Alexandria. Genzyme Donating $500,000 cash with an employee Entry fees will go to help those affected by Matching employee donations. matching program. the storm. Making product donations. Sepracor John Grisham/Rebuild the Coast Fund Organi- GlaxcoSmithKline Offering a matching gift program. zation Giving a $1,000,000 cash donation to be di- Solvay Grisham has established an account at vided among the Red Cross, Mississippi Hur- Already shipped 75,000 respirators. BancorpSouth with a $5,000,000 donation. The ricane Fund and Louisiana Disaster Recov- Sending $1,000,000 in safety, medical and bank is handling the money. The account is ery Foundation cleaning products. open for other individuals to contribute. Giving $2,000,000 in products and consumer Matching employee donations up to Contributions can be made at any goods. $500,000. BancorpSouth branch; or by sending a check Matching employee contributions. Valeant or money order to BancorpSouth, c/o Rebuild Donating medicines and health products as the Coast Fund Inc., P.O. Box 789, Tupelo, needed. Match employee donations. Donate appropriate medicines to relief ef- MS 38802 or Rebuild the Coast Fund, P.O. Johnson & Johnson Box 4500, Tupelo MS 38803. Make checks pay- forts. able to: Rebuild the Coast Fund Inc. Working with disaster relief organization Providing support for any affected employ- to provide needed medicine products. Knights of Columbus ees. Donated $250,000 in disaster relief products. Allowing time off for employee who are as- They have pledged $2,500,000 to charities Matching employee and retirees’ dona- sisting with the relief efforts. broken into the following groups: $250,000 for tions. Wyeth Catholic Charities, $1,250,000 to assist evac- Merck uees and those left homeless, and the final Donating $1,000,000 to be distributed to the Donated $1,000,000 to the Red Cross and $1,000,000 will be dedicated to rebuilding Red Cross and the Children’s Health Fund as matching employee donations. Catholic churches and schools. well as matching employee donations to the Working with states to provide needed Red Cross. Retail Industry Leader’s Association medicines and vaccines. Donating needed pharmaceutical products Creating a DHS ‘‘Wish-List’’ to be distrib- Replacement prescription medicines for to relief efforts uted to member stores. victims, hospitals and clinics in flooded PhRMA National Air Transportation Association areas. Matching employee donations. Coordinating members volunteering to fly Millennium FOREIGN AID food, supplies, generators, etc. to the area. Allowing employees make donations to Australia has given a $10,000,000 to the Red PHARMACEUTICALS AmeriCares and the Red Cross via direct payroll deductions. Cross. Accenture Israel is sending search and rescue units Medical Planning Resources Donated $100,000 to the Red Cross in relief specialized in extraction from collapsed supplies and are matching employee con- Waiting for HHS to approve a proposal for buildings. tributions up to $100,000. up to 40 fully-equipped 150 bed medical facili- Taiwan gave $2,000,000 to the federal gov- ties, more than 1,000 medical providers, two Abbott ernment to help with recovery efforts. 747s for patient transport and addition med- Pledged $2,000,000 in cash donations. ical equipment and supplies. Mr. LOTT. These are donations and Working to provide $2,000,000 in nutritional assistance from private companies. I Novartis and medical supplies. am not going to list them all now be- Matching employee contributions to the Amgen Novartis Hurricane Katrina Relief Gift Pro- cause I will exclude somebody, but Cash donation of $2,500,000 million and gram. Wal-Mart has been unbelievable. They matching employee donations. Working with local officials to ship sup- donated $15 million to jump start the Amylin plies to shelters, AmeriCares, and the Red national relief effort. They gave $1 mil- Donated $100,000 to the Red Cross and will Cross. lion to the Red Cross. Home Depot, 800 match employee donations to an additional Organon trucks staged in the area of deploy- $100,000. Working on making a cash donation and ment. They took food, water, flash- Donated $50,000 to the Pennington Medical matching employee donations in addition to lights, batteries, and tarps; FedEx; Center at LSD to establish an emergency di- independently raising money for relief ef- food retailers have been out there; abetes clinic. forts. automobile dealers, Nissan, Ford, Toy- Astellas Otsuka ota; Northwest Airlines, making planes Donating $50,000 to the Red Cross and Donating $3,000,000 to the Red Cross and available to fly relief in; railroads, matching employee contributions up to making additional donations to area vic- major companies, Honeywell, financial $50,000. tims. institutions, Citigroup, JPMorgan, Working to send needed antibiotics to the Pfizer area. Cingular, Verizon; oil companies, Chev- Donating $1,000,000 to help rebuild hos- ron gave $5 million to the Red Cross; Astrazeneca pitals and healthcare center. ExxonMobil committed $7 million to Initial cash donation of $1,000,000 to the Donating $1,000,000 divided among Red the Red Cross; American Trucking As- Red Cross and matching employee donations Cross, Salvation Army and the United Way. sociation made a contribution and dollar-for-dol1ar. Donation medicines, consumer and animal Working with local disaster relief organi- health products. helped us resolve a technical problem zations to provide direct aid and medication. Procter & Gamble we had. Even writers such as John Grisham, Bayer Initially donating $700,000 in cash and Donated $2,000,000 to the Red Cross And products. the writer of the great books from Mis- will match employee donations dollar-for- Working with the Red Cross to assess addi- sissippi, personally donated $5 million dollar. tional needs. to the effort. Pharmaceutical compa- BMS Purdue Pharma nies have helped us get pharma- Initial donation of $1,000,000 to the Red Matching employee donations to the Red ceuticals pre-positioned, ready for the Cross and are matching employee donations. Cross and AmeriCares up to $50,000. health crisis. We know it is coming. Shipping infant formula to the federal gov- Working with AmeriCares to provide medi- Procter & Gamble has given cash and ernment and is working with the Red Cross cation. supplies. Foreign aid, Sri Lanka has of- to coordinate the shipment. Roche fered us money, $25,000. Well, it might Boehringer Ingelheim Matching employee donations to the Red as well as be $25 billion. Australia, Tai- Donating $600,000. Cross. wan, countries all over the world. This Cephalon Evaluating needs for products and supplies. is an incredible list and it is just a Matching employee donations. Sanofi-Aventis short list of people who are doing their Eli Lilly Matching employee donations. part and I wanted that to be in the Helping employees affected by the storm. RECORD. Donating $1,000,000 to the Red Cross and Donating needed medication to relief ef- matching employee donations to the Red Most of all, I want to thank the peo- forts. Cross ple of my State. I cannot speak for peo- Donation $1,000,000 worth of insulin prod- Schering-Plough ple in other States, but I know the peo- ucts. Product donation of $2,000,000. ple in my State. I have been there with

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9619 them in Pascagoula and Biloxi, Ocean What do we need? I want the Amer- turned right. It didn’t make any sense. Springs, Poplarville, Jackson and ican people to know. People from all No common sense. We have to do that. points south. What an incredible spirit. over America are calling and crying, I also have already reached out to We have been hammered, and they are saying: How can I help? You can help. some of what I think are some of the on their knees. This very morning, as What we need right now are still ba- best thinkers in America and some of my staff called and tried to talk to sics. Food is still a problem, getting it the people who dealt with this, and I county supervisors and mayors, two there, getting it distributed. We have said tell us what we can do so we can counties said: Look, we need MREs— now got to the point where we need do it better, quicker, and when we that is food—and we could always use clothes. People lost everything they build back we will be more secure and more fuel and we have some problems, had. We had doctors Saturday, in my we will be able to survive maybe be- but do not waste your time on us. Go hometown, wearing the same clothes cause of the way we build. I wanted to help somebody else that needs it worse. they wore Sunday the week before, be- know how did California get Interstate When I stood with Gene Gaezo in Bi- cause they didn’t have any and they 10 bridges and overpasses back in oper- loxi, MS, which is an international didn’t have a place to get a shower or ation in 2 months when it ordinarily city, a city of Slovenians, French, Ger- any of that. would take 2 years. What was it they man, Greeks, Italians, Vietnamese, and So we need food, clothes, gas. If you had? Hispanics, behind him was where his can get there with some fuel, in some I found out the Governor had the au- house was. He had lost everything, of those red containers, we need that. thority to waive everything. He waived cars, boats, trash piled up way over Baby supplies—I have been amazed how hearings, he waived environmental your head, lost his job in the gaming quickly you need diapers and baby considerations. They awarded a con- industry. And he said: Trent, what do I wipes and baby formula. We could use tract under expedited procedure. They do? I said: Well, take care of yourself, that. Cleaning supplies. Plywood, if gave the contractor huge incentives to feed your family, make sure everybody you have some plywood laying around, finish ahead of schedule and under the is safe, and then begin working on this load it and bring it down. Equipment of money and great penalties if they trash. Help is on the way, do not worry. all types—chain saws, brooms, the didn’t. And guess what, a 2-year project And he said: Well, you go take care of basic stuff. was completed in 2 months and 2 days somebody who has been hurt worse I believe there are people in Missouri and the contractor made more off the than me. and people in Georgia, when they know incentive payment than he did off the Unless you have lost loved ones, you that, who will load up and they will basic price. OK. We need to replicate were not hurting worse than that guy bring it to us and they will distribute that. was. The spirit has been indomitable. it on their own. I also think the Federal Government They are not blaming anybody. They Yes, we need money. We don’t need needs to think innovatively. If you are asking for help. I am proud of cash, but we need you to contribute to look at the situation in Bay St. Louis, them. Our attitude is, hey, we have the Red Cross and Salvation Army so MS, or New Orleans, LA, what do we been hit before, we may feel similar to they can pay the expenses. Now we are want to do to avoid this sort of prob- a punching bag, but we will come back. beginning to have a problem with the lem in the future, and how can we do We are going to rebuild, and we will be need for oxygen tanks. We have to find whatever we do better than we have bigger and better and stronger for it a way to get those and get them where done it? all. So I want to make sure that the people need them. We need a very aggressive, entrepre- American people know the spirit of the We need manpower. If you are in neurial proposal for the dramatic, bold people in my area. Oklahoma and you are retired at 65 and rebuilding of the Gulf Coast. We want I know there are going to be hear- you want to help, get in your truck and to rebuild, but we don’t want to build ings. There are a lot of questions. But, please, please, my colleagues, let’s not drive on down. Don’t ask where to go it the way it was. We want to build it try to fix blame right now. There will and don’t worry about what to do when bigger and stronger, maybe a little fur- be time for that. Let’s fix the problems you get there. When you get there, ther back, maybe with the help of some we have to deal with now. look around. You will see plenty you incentives we haven’t had before, like Do I have some ideas of what we need can do. Anybody in America who wants tax credits. We need to help people re- to do? Oh, yes. I agree with the Senator to go there and help us, come on down. build now. They don’t need a refund from Maryland, we should not have We aren’t blocking anybody. next year, they need money and assist- ever put FEMA in Homeland Security. We have to be careful because we ance now. We thought about it. Heck, we did it. may have an impending health prob- These are the times that try men’s Who are we going to blame for that? lem. I fear people are going to begin to souls, the worst I have ever seen. But I We did that. Maybe it was rec- have heart attacks and mental depres- do believe we will persevere and, with ommended, I don’t know. But you sion and emotional problems. If you God’s help and with the help of my col- make mistakes. Last time I checked, cut your foot in Gulfport, MS, you leagues in this great body, and with we are still human beings. could be exposed to some bad infec- our President—who has been there, has I found out something else last week: tions and bad diseases, so we have to be cried with us and sweated with us, and Disasters bring out the worst in bad careful. I have looked at him and I have people but the best in good people. But We do need more action. We get back watched him show his compassion, and let’s focus on the good. down to what Senator MIKULSKI was I have seen him give orders to do a bet- We are going to need legislative help. saying. We need leaders, men and ter job—we will get through this. We are going to need appropriations. I women in the Government and every- I thank everybody. I am going to do know already, for instance, we have to where else, who can make a fast deci- something unusual, too. There are ex- allow in local communities for cleanup sion, be flexible when they make that ceptions, but even the news media have contractors to go on private property. decision, think innovatively when they been helpful. The news media in my The law doesn’t allow that except for make a decision, and use a very dif- home State don’t just tell the bad sto- the immediate aftermath for health ficult thing—common sense. Use com- ries. We had a wedding for some evac- and safety. There are no lines. In Bi- mon sense. uees. This young couple had to get loxi, MS, and Gulfport, MS, you can’t Some of the people have been denied married, so the people in Jackson, MS, tell where the private property was and access to fuel or told you can’t do that. gave the lady a wedding dress and a public property was. It is nothing but a It is insane. I am getting ready to leave wedding cake, and they gave them a mound of debris. If you lost everything my hometown on Wednesday night and wedding. you had, it will be months. You can’t I want to turn left, and the policeman They told us good stories and they get the infrastructure back if you can’t says you can’t turn left. I said, Why told us many times where we needed to clean it. So we have to change that. I not? and the policeman says, Well, I’m be and where the problems are. Yes, have lots of ideas how we can improve not from here but I am told you can’t there is some criticism and negativism it for us now, but, more important, for turn left. So I went down to the next to go around, but there is a lot of posi- the future, too. interchange, made a left turn and tive out there, too, and I am making

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9620 CONGRESSIONAL RECORD — SENATE September 6, 2005 sure we build on that side of this equa- share with those who have been af- save lives and prevent chaos. We must tion. fected. Michigan’s Department of Nat- find answers to basic questions that The PRESIDING OFFICER (Mr. ural Resources has loaded 25 boats and the American people are asking right COLEMAN). The majority whip. trailers with supplies and sent them to now as they watch the aftermath on Mr. MCCONNELL. Mr. President, the Gulf Coast. We also have several TV, minute by minute, hour by hour, first let me say I know on behalf of ev- Michigan State Police teams moving and they say over and over again to eryone in the Senate how relieved we south to assist with the emergency re- themselves: How could this have hap- are that our colleague TRENT LOTT and sponse. pened in the United States of America, his wife are safe. We all thank him for Michigan’s Department of Transpor- the greatest country on Earth? How his inspiring observations about the ex- tation has fuel trucks headed south could our country allow people to die periences of the past week, the reac- and is making arrangements for alter- without getting them water, food, and tions of the people, the response of peo- native flight operators to pick up evac- medical care? ple around America to this great crisis. uees, if necessary. In this time immediately following I say to our friend from Mississippi There are so many individual stories the disaster, we have an obligation to how grateful we are he is safe and of heroism and generosity rising from correct the mistakes in crisis response sound and back among us. We will be the depths of this catastrophe, both in and we have questions to answer to ev- working with him to make sure we deal the States affected by the hurricane eryone—certainly to those who have with the immediate needs and make and in communities all across our been affected. whatever adjustments we can for the country. I have heard stories about in- Are we investing enough in homeland future, to try to make sure the next dividuals in New Orleans who stayed security? I say no, and I have said no time, God forbid something like this after helping their families escape to since 9/11. Why has the Senate basi- happens to our country, we will be even safety. They stayed to help rescue cally ignored the Rudman report from better organized to respond. their neighbors. Two men from 3 years ago that showed our Nation’s I yield the floor. Simmesport took their airboat through first responders need additional fund- The PRESIDING OFFICER. The Sen- New Orleans and transported by them- ing in the amount of $20 billion a year? ator from Michigan. selves more than 1,000 people to safety Senator DODD and I offered that Ms. STABENOW. Mr. President, I in the first day after the hurricane. amendment to fully respond to that re- rise to join with my colleagues today When a news crew from North Carolina port now for 3 different years. I hope to talk about the devastation in Lou- tried to interview them about their he- we are going to be able to get that isiana, Mississippi, and Alabama as a roic efforts, they declined, saying they done. result of Hurricane Katrina. While Sen- had too much work to do and no time How much are we to invest to main- ator LOTT is on the floor, I want to give to stop and talk. tain the flood control projects of our my personal condolences to him and We have all heard the heartbreaking Corps of Engineers? Clearly, the cur- his family and all those who have suf- stories of sacrifice—of the wife who let rent level is not enough, and people fered in Mississippi as well as the other go of her husband’s hand as he clung to have said that it wasn’t enough. In States involved. the wreckage of their home, giving her 2002, Mike Parker, former Assistant My personal deepest sympathies, and own life so her husband would be able Secretary for the Army for Civil those from the people of Michigan as to be alive to raise their children. We Works, testified before the Senate well as our prayers, go out to the fami- salute each and every one of those he- Budget Committee, of which I am a lies grieving the loss of their loved roes, these people who put others be- member, that funding cuts to the ones and to the survivors who are fore themselves, who made sacrifices so Corps’ budget would have a negative struggling to cope and to find shelter, others could be brought to safety. impact on the national interest. food, and medical care in the wake of There are stories about people all Are we stretching our National this horrendous, this terrible disaster. across our great Nation who are an- Guard troops too thin? Thirty-five per- My heart goes out to all of our col- swering the call to help fellow Ameri- cent of Louisiana’s National Guard leagues—Senator LANDRIEU, Senator cans. In Michigan, families and busi- troops—3,000 soldiers—are in Baghdad. VITTER, Senator LOTT, Senator COCH- nesses are working together to help Is that too many? Spokesman LT Andy RAN, Senator SHELBY, and Senator SES- victims and families. My alma mater, Thaggard of the Mississippi National SIONS. Their constituents are suffering. Michigan State University, and the Guard, which has a brigade of more So are they, and particularly Senator University of Michigan, are collecting than 4,000 troops in central Iraq, said LANDRIEU and Senator LOTT, who have donations for the Red Cross at their this about the hurricane response: ‘‘We lost their family homes to this vicious football games. On Saturday, the Uni- need our people.’’ storm. All of America is hurting with versity of Michigan fans put $40,000 Are we heeding the scientific advice the victims and their families. We are into buckets as they entered the sta- that overwhelmingly points to global finding ways to help and reach out and dium. One anonymous donor put in a warming as a possible cause for in- make a difference in these critical wad of five $100 bills. Some donations creased hurricanes? times following the hurricane. are big, some are small, but they all We have important questions to an- Americans are donating record count and the donations are coming in swer—serious questions for which we amounts of money, time, and supplies from all kinds of venues. Nine-year-old all need to work together to take re- to help those who are displaced by the Rochester Hills resident Megan and her sponsibility—about how the Federal hurricane. The most important thing five-year-old sister Lauren set up a Government could have better handled right now is to make sure we are sav- booth to sell lemonade, chocolate the events that unfolded as a result of ing lives and that we are providing food chips, and their toys to raise money to this catastrophe called Hurricane and shelter and medical care for the send to the Red Cross. The girls raised Katrina. We need to make sure that we people affected by this tragedy. $80, and their parents promised to are responding quickly, not only to As has happened with many other match it. help those in need today but, Heaven States, two jetliners arrived in Michi- These are the stories that matter forbid, that something happens tomor- gan yesterday with the first group of right now, both in the States affected row. We have to be ready. We have to 289 hurricane evacuees. Troops and vol- and all across the country: saving learn from this catastrophe, from the unteers at our Battle Creek Air Na- lives, finding shelter, food, medical mistakes and the lack of adequate re- tional Guard base will provide clean care, and raising funds to help the hur- sponse, and quickly fix it. That is our shelter and food and clothing to them. ricane victims. job. They are the first of many evacuees we But there is also another story to It is absolutely critical that local plan to take in Michigan, and I know tell. It is about the Federal Govern- communities have the tools they need this is happening in the States of my ment and our responsibility to all to communicate, to coordinate, and to colleagues all over the country as peo- Americans to be prepared—to be pre- respond effectively when disasters hit. ple open their hearts, open their pared not only for this kind of disaster They didn’t have that in New Orleans— homes, and open their pocketbooks to but for a coordinated response to help where the police department and three

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9621 nearby parishes are on different radio vention Center from news reports. This Thirty families so far have asked to systems. They didn’t have enough sat- is not acceptable, and the American enroll their children in Illinois schools, ellite phones. They had ground and cell people expect us to act now. There is and more are on their way. phone lines that were taken out with no more time to waste. I am for fixing America’s Second Harvest, based in the storm. And the communications the problem. Chicago, and the American Red Cross, systems they did have—like most local I believe our Government failed the filled a United Airlines flight with communities across the Nation—were people of the gulf coast. Members of 25,000 pounds of critically needed relief not interoperable. They do not work the administration and the Congress supplies and sent it—in just a few days together. must admit that we need more re- from Chicago to New Orleans. Police officers called Senator LAN- sources to deal with potential disas- I got a call while I was traveling the DRIEU’s office because they couldn’t ters, whether they are natural disas- State last week from a Pepsi Cola dis- reach commanders on the ground in ters or stem from a terror attack. tributor in Quincy, IL. He said: New Orleans because they were sharing The shock and the horror of the Senator, I want to send 33,000 cases of satellite phones that were in short sup- aftermath of Hurricane Katrina will water to Louisiana. How can I do it? ply. The result of this lack of inter- live with us forever. We have been working with them operability was nothing short of chaos. We salute the heroes in this disaster, ever since. FEMA Director Michael Brown has and our prayers are with the victims. Six-hundred Illinois firefighters trav- said that emergency assistance deliv- The American people, as they always eled to Baton Rogue. Personnel from ery problems were caused by ‘‘the total do, are rising to the challenge and the Scott Air Force base near Belle- lack of communications—the inability helping our communities across the ville, IL, have been busy flying airlift to hear and have good intelligence on Nation. We thank every single person missions to the disaster area. the ground.’’ for making that contribution, saying Mr. President, 328 members of the Il- The distinguished Senator from Lou- that prayer, donating their clothes, do- linois National Guard are providing isiana, Mr. VITTER, has said that nating food, getting in their cars and some of the big trucks they desperately FEMA’s efforts to deal with the hurri- driving down to help, or getting a bus need to transport people and material cane have been completely ineffective, or getting a caravan from their church. to the areas hard hit by Katrina. An- and he called the Federal Govern- But I believe from the bottom of my other 500 members of the Illinois Na- ment’s response a failure. These are his heart that we in Government, this Sen- tional Guard are expected to ship out words: ate and the House and the administra- to the gulf coast by tomorrow. By the I think FEMA has been completely dys- tion, have got to step up and do our end of the week, nearly one-tenth of functional and is completely overwhelmed, part. We have got to step up. We know the entire Illinois National Guard and I don’t know why. This situation was ut- what needs to be done. We know what could be serving on the gulf coast. terly predictable. needs to be done to make sure our com- Mr. President, 400 doctors and nurses And he is right. We knew before munities have the communications from the Rush University Medical Cen- Katrina hit that too many of our po- equipment they need. We know what ter, the University of Illinois, and Cook lice, fire, and emergency medical serv- needs to be done to make sure these County Hospital are ready to be de- ices and transportation officials could disasters don’t happen again—by pro- ployed as soon as they get the call. not communicate and still cannot com- viding the Army Corps of Engineers What does this say? It says that when municate with each other. Our local with what they need to keep commu- we have pain and distress in the Amer- departments are not able to link their nities safe. We know what needs to be ican family, we come together. And communications with State and Fed- done. that is the way it should be. eral emergency response agencies. While we are joining on the floor— Twelve years ago, there was a flood A June 2004 U.S. Conference of May- and we will join together to reach out on the Mississippi, Illinois and Mis- ors survey found that 94 percent of cit- to help the victims and address issues souri Rivers. As a Congressman from ies do not have interoperable capa- that relate to health care, housing, the flood-affected area, I really felt the bility between police and fire and education, and other issues that need pain of the people living in the small emergency medical services. Sixty per- to be addressed—I hope we are not communities. I reflected on that for a cent said they do not have interoper- going to leave this floor after working moment and the heroic efforts made by able capability with the State emer- on those things without having said we some to respond to their needs. Then I gency operations center. As we saw fixed it for the next hurricane, for the tried to put it into perspective of what with the hurricane, that puts our com- next terrorist attack, for the next bio- was happening on the gulf coast in Ala- munities and every single American in terrorist attack, or for the next nat- bama and Mississippi and certainly in danger. ural disaster. We have a responsibility the State of Louisiana. What we went This lack of communications inter- to step up and solve the problems that through just absolutely pales in com- operability is a crisis, and we must added to the chaos and the hurt and parison. deal with it. We must deal with it now. the loss of life because the right prior- Thousands of our fellow Americans It is one of the lessons that has been ities were not put in place by the Con- may have lost their lives in Hurricane painfully—painfully—learned from this gress and this administration. Katrina. Hundreds of thousands of peo- hurricane. We need to learn it, and we We can fix it, and it is on our shoul- ple in Alabama, Mississippi, and Lou- need to learn it quickly. ders to make sure that we do. isiana have been displaced from their That is why as soon as possible I will I yield the floor. homes maybe never ever to return. offer, again, my amendment that pro- The PRESIDING OFFICER. The mi- Hurricane Katrina may be one of the vides $5 billion for interoperable com- nority whip. worst economic disasters in our Na- munications grants for America’s first Mr. DURBIN. Mr. President, I thank tion’s history. responders to provide a strong commit- you. Put in perspective, 48 hours after 9/11 ment to this problem. We know what it A few moments ago, Senator TRENT we came up with the estimate that we costs. CBO outlined what it would cost. LOTT of Mississippi spoke on the floor would need $250 billion to deal with the We need to get this done. of the Senate about the pastor from my devastation of that terrible act of ter- When we debated this amendment in State of Illinois who just got into her rorism; that is about the high level this year’s 2006 debate on homeland se- truck and drove to Mississippi to see mark for the cost of a disaster. Pre- curity appropriations, many of my col- what she could do to help. There are liminary estimates now from Hurri- leagues across the aisle opposed it be- people like her all over my State and cane Katrina surpass $100 billion, and cause they felt it was a local responsi- all over this Nation. some say as high as $150 billion, to give bility. Illinois so far has received 500 Hurri- you some idea of the devastation and Communications is not a local re- cane Katrina evacuees. Another 250 the challenge that we face. sponsibility when the FEMA Director will arrive at the Rockford Airport How do we estimate how many jobs admits that he learned about the 25,000 today. The number could rise into the have been lost on the gulf coast? Some people trapped at the New Orleans Con- thousands. say a half million.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9622 CONGRESSIONAL RECORD — SENATE September 6, 2005 The economic aftershocks are being yard, or on the farms or in oil fields or attacks, we see the same spirit on the felt across the country. Just ask any- mines, producing the weapons or the raw ma- rise in America. The extraordinary way body who is filling up a gas tank any- terials that are needed by our Armed Forces. our country reaches out with its wal- But there is one front, and one battle, where in America. where everyone in the United States—every lets, its hearts, opening its home to the In Illinois, our farmers, who have had man, woman, and child—is in action, and victims of Hurricane Katrina shows us a tough year with the drought and a will be privileged to remain in action once again that the spirit of shared short corn crop, now worry about get- throughout this war. That front is right here sacrifice is strong. That spirit must ting their products down the Mis- at home, in our daily lives, in our daily not only guide us in our conversation sissippi and down the Illinois to mar- tasks. . . . with America, it should guide us with ket with the Port of New Orleans dam- FDR said: our agenda in Congress. aged. Here at home everyone will have the privi- We are all in this together, in times Let us put it into some perspective lege of making whatever self-denial is nec- of war and in times of national catas- essary, not only to supply our fighting men, trophe. It is not tax cuts for the for a moment. but to keep the economic structure of our President John Kennedy said: country fortified and secure during the war wealthy that protect America and To those whom much is given, much is re- and after the war. . . . This will require, of make us strong. What sees us through quired. course, the abandonment not only of lux- hard times has always been our belief Sadly, the agenda of the Senate in uries, but of many other creature comforts. in America, our shared commitment to the past has not reflected what I con- Franklin Roosevelt was appealing to one another, and our willingness to ac- sider to be the core value and truth of the best in America, a sense of unity cept our fair share of sacrifice. President Kennedy’s remarks. and a sense of sacrifice in a time of We have all learned a lot in the last Last week, while the mayor of New great national need. Can anyone recall few weeks. Sadly, many believed our Orleans was issuing a desperate SOS a time recently, other than September homeland security was up to the chal- for help to rescue tens of thousands of 11, when we have felt that same sense lenge and the task. It did not work in people who were trapped in the city of need in this country? many parts of the gulf coast. It cer- and in danger of dying without food, President Roosevelt went on to say: tainly did not work in New Orleans. water, medical care, or shelter, the Every loyal American is aware of his indi- This hurricane, leading to a breach of a leader of the Republic National Com- vidual responsibility. Whenever I hear any- levee, has resulted in the loss of thou- mittee sent out his own SOS. It said: one saying, ‘‘The American people are com- sands of innocent lives. Many felt if we faced that kind of ca- Call your Senators and tell them to placent—they need to be aroused,’’ I feel like asking them to come to Washington to read tastrophe, whether from a natural dis- vote this week to give a $1 trillion tax the mail that floods into the White House aster or from some terrorist attack in- break—to the wealthiest people in and into all departments of this government. volving biological or chemical weap- America. The one question that recurs throughout all ons, we were ready to evacuate inno- It is hard to understand how that these thousands of letters and messages is, cent people, to move folks out of hos- could be happening in the midst of this ‘‘What more can I do to help my country in winning this war?’’ pitals so they could be taken care of in national disaster. At a time when thou- other places. But we know now from Those are the words of Franklin Roo- sands are dispossessed, homeless, hun- what happened just a few days ago that sevelt, appealing to a core American gry, and desperate to know what their we are not prepared. We are not ready. futures will be, how can we focus on value, appealing to the American fam- We are not as safe and secure as we tax breaks and tax cuts for the ily to stand together. should be in this time of danger in the After September 11, a new generation wealthiest people in America? world, danger from terrorist attack, of Americans asked the same question: Majority leader BILL FRIST did the danger from natural disaster. right thing. He pulled the estate tax What can we do to help this country We need to do more. We need to focus issue from the agenda. A trillion-dollar win this war on terrorism? Many of on making America safe. We need to tax break for millionaires should be them, the best of them, are serving focus on thanking those who are giving the last thing on our minds. We have today in Iraq and Afghanistan. Nearly so much every minute of every day to Americans in distress. Let us not worry 2,000 members of our military, includ- help those in need. And we need to about making it more comfortable for ing 77 from my home State of Illinois, focus on our prayers and thoughts di- those who live in the lap of luxury al- have paid the ultimate price, have rected to the victims of this terrible ready. given up their lives in Iraq and Afghan- tragedy. Never in our history have we cut istan. Four Illinoisans died in Iraq dur- I yield the floor and suggest the ab- taxes for the wealthy during a war— ing August. More National Guard and sence of a quorum. which we are engaged in now in Iraq Reserve members died in Iraq during The PRESIDING OFFICER. The and Afghanistan—and never should we the first 10 days in August than in any clerk will call the roll. cut taxes on those in America who are full month during the entire war. Many The legislative clerk proceeded to well enough during a national crisis thousands more have suffered serious call the roll. such as Hurricane Katrina. We need to injuries. I have met some of them at Mr. SCHUMER. Mr. President, I ask put first things first. Walter Reed Hospital and other vet- unanimous consent that the order for At a time when the American family erans facilities. They are making enor- the quorum call be rescinded. is in pain, when our neighbors are mous sacrifices. The PRESIDING OFFICER (Mr. MAR- homeless in Katrina’s wake, when we After September 11, Americans an- TINEZ). Without objection, it is so or- are losing our children in Iraq, when swered the call for shared sacrifice at dered. our hard-working friends can’t afford home, too. What an enormous out- Mr. SCHUMER. Mr. President, I rise health insurance and gasoline for their pouring of sympathy and generosity, to speak, as my colleagues have before cars and the basics for their kids, when including the blood banks with people me, about the terrible tragedy in the the blessings of prosperity reach a few standing in line, the charities with peo- Gulf Coast. As the rescue and recovery and not the many, Members of Con- ple making their contributions, the in the Gulf Coast continues, as we pray gress on both sides of the aisle must outpouring of sentiment and hope and for each life, my thoughts, for in- feel the hurt and understand the heart prayers for the victims of September stance, always go back to 9/11, the of America. 11. Even people living on small fixed in- tragedy that befell my city and State. Americans will always rise to a call comes in America asked: How can I It is sort of a horrible thing to say, in for shared sacrifice and unity. During help? They each gave what they could. a certain sense, about the number of World War II, President Franklin Roo- Some of the same units that served people who died, but people thought sevelt made a speech. This is what he in the Persian Gulf, those who served the number of deaths in our State and said. in Iraq and Afghanistan, are now help- our city would be much greater than it Not all of us can have the privilege of ing others right here at home. That is was. I think about a week after the fighting our enemies in distant parts of the the spirit of America. planes hit the Twin Towers, most peo- world. Not all of us can have the privilege of This week, as we prepare to mark the ple were talking about over 10,000 peo- working in a munitions factory or a ship- fourth anniversary of the September 11 ple dying. As I said, I feel awkward

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9623 saying this, but it is a true thought we of families returning to the destroyed need the most competent people run- all have, that only 3,000 were found to remains of their neighborhoods, discov- ning the agencies that are in charge of have passed. Still, it is an awful num- ering they have lost everything they this recovery effort. And I heard, an ber, and the families miss those people have owned, from precious family hour or so ago on the floor, our col- every single day. I knew some of them keepsakes to their houses and cars and league, my friend, Senator MIKULSKI, myself. I miss them and think of them. livelihoods. The pictures of angry, speak on that issue. We all know Sen- But we hope and pray this happens in frightened people, with nowhere to go, ator MIKULSKI is somebody who knows Louisiana, that the horrible numbers unsure of what will happen to them- FEMA and the agencies involved with we have heard about—the possible selves and their loved ones rings a deep recovery extremely well because as number of deaths—are significantly chord in every one of our hearts. And chairperson and as ranking Democrat lower. there are the deaths of so many. The on the relevant appropriations sub- One other thought I want to mention psychological toll of this tragedy will committee with jurisdiction over about New York, before getting into be heavy indeed, especially, of course, FEMA, she knows them. We also know the substance of my remarks, is that on the children. Another thing we she is a temperate person in the sense this morning I was privileged to attend learned after 9/11 is to pay particular that she does not regularly get up and a groundbreaking for the new New attention to the children. Sometimes it demand that people step down. But York/New Jersey rail station to be took them, in New York, over a year to when she spoke on the floor an hour built at Ground Zero. It will be a beau- speak about what they had seen. ago and said that the FEMA head, tiful and sweeping station. The archi- When my city faced a devastating at- Brown, should either step down or be tect, the world-famous Mr. Calatrava, tack, America stood with us in our forced to step down, I think all of us got the idea of a child releasing a dove time of need. I want to assure the peo- should listen to her. These are serious at the station. At least by the designs ple of the gulf region that New York- times, and fingers of blame should not and pictures I have seen, it will be a ers—I think I can say probably just be pointed at any one place. But to soaring and sweeping station. about every one of the 19 million New make sure we have the most competent At that memorial I thought about Yorkers—will stand with you, the peo- people in charge as the rescue effort the victims and the people of the Gulf. ple of the gulf region, as you stood proceeds is very important. So again I I said to them that a week after the with us in the dark days immediately want to urge my colleagues to listen to planes hit the Twin Towers, we were following 9/11. what Senator MIKULSKI had to say be- filled with despair, anguish, anger, and The love and support New Yorkers cause I think it is extremely important thought there would never be any hope received from the rest of the country to us. after something that horrible hap- after 9/11 meant so much in the wake of Now, getting back to the list that pened. But the human condition is a re- those attacks and the long, difficult Senator REID, working with some of markable one. And, of course, hope is road to recovery. I want the people of our committee leaders, has compiled, always with us, as the Greek mytho- New Orleans and the rest of the Gulf it is a list of action items, and I hope logical story of Pandora’s box shows. Coast to know we will support them, Congress will address it this week. The The groundbreaking that Senators too, no matter how long, no matter list includes providing Medicaid, hous- CLINTON and LAUTENBERG and CORZINE how difficult their recovery may be. ing vouchers, and emergency cash for and I attended this morning with the We will do whatever it takes to help all displaced victims, waiving dead- Governors of New York and New Jersey now, tomorrow, next week, next lines, and expediting applications shows us there is always hope. This month, next year, and on into the fu- where necessary, and waiving the re- station—a beautiful, sweeping, soaring ture. quirements to prove residency or asset station—will rise like a phoenix out of We took the first step last week when levels or to provide other paperwork the ashes of 9/11. Congress provided $10.5 billion in des- which, of course, so many of those who I say to my colleagues who represent perately needed disaster relief funds to have lost everything in their lives no the Gulf States, as well as to all the the devastated region. But as I learned longer have. The Reid package also people in the Gulf States: Hope will re- in the aftermath of 9/11, money is only proposes tax incentives for families turn. It is hard to see now, with so the first step. The next step is to en- who take in victims, and identifying much devastation and so much anguish sure that bureaucratic rules and regu- Federal facilities that can house them. The proposal also focuses on helping and so much sadness, but it will return. lations do not prevent the money from the tens of thousands of children who Just as in New York we are rebuilding being spent quickly and where it is need to get enrolled quickly into ourselves, hopefully to be bigger and most needed. We discovered after 9/11 schools around the country by pro- better and stronger than we were be- that the rules governing how Federal viding those schools with financial as- fore 9/11, I know that, too, will happen dollars can be spent and benefits sistance and waiving the usual bureau- with the people in the gulf region. So accessed—from HUD to the Depart- cratic requirements for enrollment. I my thoughts are with them. All of our ment of Transportation to the IRS—be- believe this must be one of our highest thoughts are with them. came insurmountable obstacles for so priorities. Since the hurricane oc- Because of the devastation of many of our citizens in need. And curred right at the beginning of the Katrina, we confront one of the most many of the problems faced after 9/11 school year, there is not a day to extraordinary challenges this Nation will be faced a thousandfold for Hurri- waste. We cannot let our children sim- has ever faced: To feed, to clothe, to cane Katrina because there are so ply hang out there without providing house, to help an estimated 1 million many more people and businesses that for their education, which, Katrina or Americans who were displaced and who were hurt. not, means their future. now have to rebuild their lives. It is essential that Congress take ac- My heart grieves at the sight of so The disaster area is some 90,000 tion as quickly as possible on as many many of these children sitting around square miles. That is almost double the fronts as possible. Every day makes a the Astrodome and other shelters with entire State of New York. It is an area difference for those seeking a place to no place to go. It is September. Let us nearly as large as the United Kingdom. live, a way to get their children back pledge to get all those children, who The amount of damage to the homes, to school, to get health care, to get a have faced so much trauma already, the businesses, the schools, the infra- job. So many jobs are gone. Further- into school by the end of the month. structure, the roads, the bridges is in more, after 9/11, Congress tackled many We must provide the Federal dollars the tens of billions of dollars, most cer- of the problems facing Hurricane needed to bolster those schools that tainly. It is already estimated, for in- Katrina victims and has a template to are opening their hearts and doors to stance, that Louisiana alone has lost work with. And Senator REID, working these children, from Houston to San at least 110,000 businesses. And that with our committee leaders, has al- Francisco to Vermont. We must also number is likely to climb as we cal- ready compiled a list of action items provide these children with all they culate the full extent of the damage. Congress should address this week. will need—food and shelter and school The images on TV are devastating. Before I get into those action items, supplies—to keep their education on They are of hungry, weeping children, I want to say one other thing. We do track.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9624 CONGRESSIONAL RECORD — SENATE September 6, 2005 We must also make sure our brave That is the message that our country tion in recent years were already earn- National Guard personnel, who are on must give to all of those who are vic- ing record profits. the front lines abroad in Iraq and now tims of Hurricane Katrina: You are not Last evening, a friend of mine went here at home, receive all the assistance alone. This country doesn’t move to a gas station and pumped gasoline they need, from debt and student loan ahead by leaving some behind. This into his car and his son’s car, about 15 relief to allowing them to qualify for country knows your plight, knows the gallons in each car. The bill was $103 Federal health care and retirement despair of having lost what you have dollars. Every American citizen under- benefits. Our Nation owes these Amer- lost, joins you in sympathy for the loss stands that sticker shock when they ican heroes nothing less. of lives, and extends a hand to say we pull up to the gas pump. We are told by Finally, the Reid proposal addresses want to help you during these difficult some: It is the free market. what may ultimately be our most times. Here is what has happened to the pressing challenge—finding employ- There are so many needs and so profits of U.S. major oil and gas com- ment for the victims of Katrina, by many things that have to be done: panies in billions of dollars from 2002, making employers eligible to claim the housing, basic needs such as food and at which point they were $20 billion, to Work Opportunity Tax Credit of up to shelter, jobs, education, short-term this year, when they are going to be $2,400 per worker they hire. We need to spending money to get on your feet if over $100 billion. This is not a free mar- do this and much more. With so many you have lost everything. Those are ket; this is a market with clogged arte- businesses and so much infrastructure the things that, in a package of assist- ries. It is OPEC pricing. It is a few destroyed, we will need both the Fed- ance by the Congress, need to be ad- countries that live on top of sand that eral Government and the private sector dressed quickly. is undergirded by substantial deposits to step to the plate and get people back I know there are some who tend to of oil sitting around and deciding how to work. believe that Government ought not much they are going to produce and Congress can and should tackle right exist. They think Government is the what price they want to extract. So it away in these few weeks the problems problem. But when something like this is OPEC pricing. It is a concentrated that have been mentioned above. We happens, we together, through our Gov- domestic industry through mergers. It should learn lessons from what we were ernment, work to extend a helping is rampant speculation. And it is also able to do after 9/11 for New York. With hand. This Congress cannot be reticent substantial windfall profits for some a million people in need of assistance, about arriving at that point to extend very profitable oil companies. it is inexcusable that we would delay. a helping hand to provide for the needs The question is, Where is the gain Let us move this package this week, of people who have been displaced, who and where is the pain? Here is the gain. not next week or the week after. have suffered and are victims of this We use 21 million barrels of oil a day. With that, Mr. President, I yield the devastating hurricane. Sixty percent comes from outside of floor. My thoughts and prayers are with all our country, which means we now have The PRESIDING OFFICER. The Sen- of the victims of this devastating hur- revenuesharing going on between the ator from North Dakota. ricane that has displaced, some say, 1 American drivers and consumers and Mr. DORGAN. Mr. President, my col- million people and caused massive loss the OPEC countries, including the leagues today have spoken about the of life. While there are public policy Saudis, the Kuwaitis, and the Iraqis almost unbelievable disaster that has issues that we should discuss and will and others. It is forced revenuesharing. occurred in the Gulf region. Only now discuss in the coming days and months, We pull up to the pump, we pay an in- are we fully beginning to understand all of us, as a country, will pray for flated price for gasoline, and we send the lives lost and the complete devas- those poor people who have suffered the money to the Middle East. Forty tation of the region. I know there will immensely in recent days. We hope the percent of that which we use is pro- be a lot of time, perhaps, to evaluate searches to find survivors continue to duced domestically by larger and larg- what kind of emergency preparedness move forward and that we find addi- er oil companies, grown larger by existed or why proper preparedness did tional survivors. And we hope in every mergers in recent years. That 40 per- not exist. This is the moment and the possible way those who have been the cent has increased by $30 a barrel. That time for all of us to concentrate on victims of this hurricane understand means the profits have increased by $7 finding the survivors. this is a great country and this country billion a month for the domestic pro- There are so many victims. We know extends its hand to say to them: You ducers. that many of those who have died in are not alone. Actions by this Congress The integrated domestic producers in this disaster have not yet been found. will manifest that. We ought to do that many cases have control of oil from the We know there are survivors who have quickly and urgently. discovery in the ground to the gasoline not yet been found. We are nearly cer- f pump. Eighty billion dollars a year in tain of that. This is an important time extra profits will exist in the coming to marshal the resources of this coun- GASOLINE PRICES AND WINDFALL year if the price of oil stays where it is try, to effectively organize the re- PROFITS now. That profit doesn’t emerge out of sources to search for survivors, and Mr. DORGAN. Mr. President, I also thin air. It comes from extracting it then to help those who have been made wish to speak about a subject that has from the consumers who drive up to victims by this devastating hurricane. some relationship but an issue that the the gas pump and take out their credit Many of us have suffered disasters. In American people were facing before the card or their currency and pay for a North Dakota, in 1997, there were the hurricane hit. Prior to the devastating tank of gasoline. Red River Valley floods, when the en- Hurricane Katrina, the Senate Energy Something needs to be done. Tomor- tire city of Grand Forks was evacu- Committee had scheduled a hearing on row, I intend to introduce windfall ated. It was an enormous evacuation of gasoline and oil prices. That hearing is profits rebate legislation. The bill will people. Thank God at that point we did now going on. I spent the last 2 hours establish a price point for a barrel of not lose lives. We lost a great deal of attending it. It was scheduled before oil. A portion of the windfall profits property and people suffered and had this hurricane. Obviously, when the above that amount would be captured very tough times, but there was not hurricane hit, a number of oil refin- and sent back to the consumers who loss of life with respect to those floods. eries and a couple of major pipelines are paying the excess or windfall prof- But an entire city of over 50,000 people shut down. It has had an impact be- its to the companies. I would exempt was evacuated from those floods. I re- yond that which was occurring prior to from that windfall profits recapture call President Clinton flying into the hurricane. that amount of additional money that Grand Forks on Air Force One and Prior to the hurricane hitting, oil is being used by the companies for do- meeting with a large number of people prices had already risen $30 a barrel mestic exploration or for increasing re- who had crowded into a hangar at the above that which existed a year and a finery capacity. If it is being used for Air Force base. I remember what Presi- half to 2 years ago. The major inte- that, I say fine. At least we are trying dent Clinton said to them that day. He grated oil companies that have become to search for a better future with a said very simply: You are not alone. larger through mergers and concentra- greater energy supply. But some of the

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9625 major oil companies are now buying and some are busy buying back their offer tremendous opportunity. It is not back their stock with that profit. That stock, the American consumers deserve like inventing some new technology. It doesn’t benefit this country. a break. They have had a bellyful of is out there. If we would put the re- These are windfall profits at the ex- this. We have seen it all over this coun- sources behind it, make it a bit more pense of consumers to enrich the larger try where the big interests get bigger. efficient than it is today, which is not integrated oil companies. I believe part They extract more from the rest, and a great deal, not a very difficult thing of it ought to be recaptured and sent nobody seems to care much. to do, then we could make some giant back as a rebate to the American con- One final point, there is also a provi- steps forward in reducing our depend- sumer. I will introduce that legislation sion in the final Energy bill that re- ency on foreign countries and our de- tomorrow. quires the Federal Trade Commission pendency on nonrenewable sources of I know it is controversial. I know to launch an investigation of oil and energy. some people may think the best way to gas prices within 90 days. I wrote that I commend the Senator for his com- address all of this is to sit around with provision as well. But frankly, I have ments and his ideas. your hands in your pocket and wipe minimum hope that the Federal Trade Mr. DORGAN. I wonder if the Sen- your brow and wring your hands and Commission is going to be an ambi- ator will yield for a moment. fret about it and essentially do noth- tious referee with respect to pricing. Mr. DODD. I am happy to yield. ing. These represent the windfall prof- This Congress should take action. Mr. DORGAN. There are many com- its on 40 percent of that which we use. Here is what we face from now to panies involved in hydrogen fuel cell Twenty-one million barrels a day. Halloween to Thanksgiving to Christ- technology, including United Tech- Forty percent of that comes from do- mas with respect to $226 million a day nologies, that are very active in this mestic producers. That has increased of windfall profits. That is $30 a barrel area. The Senator is absolutely right over $30 a barrel with no additional above that which existed when you al- with respect to activities in Con- cost incurred by the major oil compa- ready had record profits in the domes- necticut. I also want to point out my nies. It amounts to $7 billion windfall tic industry. I believe some of it ought point on the floor of the Senate is not to tarnish the oil industry. I have been profits a month or $80 billion windfall to be recaptured and given back to a supporter of it in areas where I felt profits a year. I believe some of that American consumers. we should support it. We produce oil in ought to be collected and sent back to I saw an old car with an old bumper North Dakota. My point is that as the consumers as rebates. hanging down. That car had seen a bet- Again, I know that is controversial. I ter day—rust in the fenders and the major integrated companies become know some won’t want to do that. The bumper hanging halfway on the right. I bigger and more concentrated, they in some cases work oil from the ground to plain fact is, if we do nothing, you have saw it at a stop sign near Mohall, ND, the gas pumps with tremendous pricing a massive transfer of income from peo- one day. The bumper sticker had a capabilities. They are beneficiaries ple who can’t afford it to people who plaintive message. It said: We fought from the enormous amount of excess shouldn’t get it to interests that the gas war and gas won. profit. If they pump those back into shouldn’t get it. I believe Congress The fact is, American consumers the ground or to increase refinery ca- should take action. I understand that ought to be given an even break. That pacity, that is fine. But when they are this is a shorter term issue, but John is why I am introducing this legisla- buying back their stock, I believe they Kenneth Galbraith said: In the long tion tomorrow. ought to give that windfall, ill-gained run, we are all dead. So let’s deal with The PRESIDING OFFICER. The Sen- profit back to the consumers from the short term. ator from Connecticut. where it came. Yes, I want to shed our addiction of Mr. DODD. Before the Senator from Mr. DODD. I commend my colleague running gasoline through carburetors North Dakota leaves the floor, I com- from North Dakota. I know my col- mend him for his comments. I am pre- and fuel injectors. I wrote the provi- league from Connecticut, Congress- sion in the Energy bill, signed by the pared to share some thoughts as well woman ROSA DELAURO, has offered the about the events in our country over President, that has a $3.7 billion title legislation in the other body. I think it the last week or so, but the Senator’s dealing with hydrogen and fuel cells. was a bipartisan proposal that she comments about the energy crisis are That ought to be our future, hydrogen made over there on this issue. So again and fuel cells. If you run on hydrogen— tremendously timely in light of what my compliments to Senator DORGAN. and hydrogen is ubiquitous, it is every- has occurred in prices over the last where—you get water vapor out the number of days all across our country. f tailpipe, and you have twice the effi- And I join him in introducing legisla- HURRICANE KATRINA ciency of power to the wheel. That is tion at least by tomorrow I hope in a Mr. DODD. Mr. President, I wanted wonderful. Put up a wind turbine and bipartisan effort. to spend a few minutes this afternoon collect energy from the wind and use Again, he makes a very significant if I could and express my sympathy and the electricity collected from the wind point that any of these resources, addi- the sympathy of my family, I know the to separate hydrogen from water with tional dollars that are pouring into the sympathy of all of us in this Chamber, electricity—something called elec- coffers of the industries that would go to the victims of Hurricane Katrina trolysis—and then put that hydrogen for exploration, research, refining ca- and the subsequent flooding that oc- in a hydrogen fuel cell vehicle. The En- pacity, are not included. In fact, we curred particularly in Louisiana. I ergy bill has a pretty good title on wish they would do more in developing thank the leadership for giving us an that. I wrote that title. new sources of energy. But if they are opportunity today to express ourselves We need to shed our addiction to this pocketing these resources at the ex- as a national body about this devasta- oil. We need to shed our dependence on pense of our economy, then I think it is tion that has occurred. There will be a Middle East oil. In the meantime, in incumbent upon us in this institution lot of discussion about what happened, the short term, when you drive up to a to respond and to not allow this what did not happen, the shortcomings gas pump with 2 cars and pump 15 gal- gouging to occur at a time when the of our Government in responding in a lons in each and pay $103, the question country is suffering. As someone who timely fashion to this situation. But is, Who is pocketing that money and has paid a lot of attention over the today is a time to offer our prayers and why? There is no justification for that years to the fuel cell industry, I do not our sincere and deep sympathies to kind of windfall profit. think I am exaggerating when I say the those who have suffered as much as If the oil industry wants to have sub- capital of the fuel cell industry has they have. stantial profits to invest back into the been the State of Connecticut over the There will be hearings next week. ground or to build additional refin- last number of years. United Tech- The President, I gather, has announced eries, that is fine. That wouldn’t be nologies, to their great credit—aside an investigation at the executive captured by a windfall profit. But when from being a large defense contractor— branch level. I think an independent the oil industry is getting windfall has worked aggressively in the fuel cell investigation is probably the best way profits to the tune of $7 billion a area. The Senator from North Dakota to proceed. Having the Government in- month, which they are doing right now, is absolutely correct that fuel cells vestigate itself is interesting but not

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Nothing like this has ever happened in before the hurricane that it could There will be other events that require the United States. cause major devastation, it took so our Nation to respond far more expedi- And we are reminded as well that long for the Federal agencies to mobi- tiously, far more thoughtfully, far America is not a loose collection of lize relief, rescue, and law and order more humanely than we did in this sit- States or regions. We are a single indi- operations. uation. visible nation. What happens in one Citizens want to know all across our First, it obviously goes without say- State or region is felt all across our Nation whether nationwide spikes in ing that the thoughts and prayers of all country in the concerns of loved ones, the price of gasoline are normal under of us and the entire country are with the charitable contributions, and the these circumstances or the result of the people of the Gulf region at this secondary deprivations that all Ameri- price gouging by unscrupulous profit- hour. This is a disaster of unspeakable cans will experience as a result of this eers who always stand ready to take and unprecedented proportions, and we catastrophe. advantage of tragedy. And they want are still struggling to comprehend the The Gulf region is a principal source to know that our President and Attor- magnitude of this event. Certainly the of domestic and foreign goods that are ney General are doing everything pos- attacks of September 11, 2001 come to consumed by all of us—natural gas, oil, sible to prevent price gouging. mind in terms of the damage done to lumber, poultry, coffee, and bananas. It These are very important issues—not life and property. is the departure point for the export of the only ones—but they are some of At the same time the devastation billions of dollars worth of goods made the ones being asked by our fellow citi- wrought by this act of nature is quan- in our own Nation—corn, soybeans, zens at this very hour. titatively and qualitatively different. wheat, and other commodities. As I said a moment ago, now is the As we speak here this afternoon, an en- The Army Corps of Engineers tells us time for us to pull together as a nation tire American city, between a half a it could take as long as 6 months to to support one another, to do what we million and a million people, is un- drain the water from the basin in can to help the people of the Gulf re- inhabitable. Its mayor tells us it will which the city of New Orleans lies. It gion get their lives back to some sem- remain in that state for many months will take months if not years before blance of normalcy. to come. Hundreds are believed to be that city and other areas damaged by Eight days after the hurricane first dead and he predicts that the number this hurricane and flood return to some hit the gulf region and 9 days after it will soar in the days to come—possibly semblance of normalcy. The aid pack- became a storm stronger than the New into the thousands. age we considered last Thursday Orleans levees could hold, there are In Mississippi over 100 are known evening is the first installment of still critical needs that must be ad- dead. According to that State’s Gov- emergency aid for the national Govern- dressed immediately. ernor, the destruction of the Gulf com- ment but by no means will it be the Right now as we speak here today in munities such as Biloxi, Gulfport, and last. This Senator pledges his support this Chamber, New Orleans is coated Bay St. Louis is nearly total. Let me for delivering all appropriate aid as ex- with a layer of toxic sewage that en- be clear and repeat what I said. I said peditiously as possible to those in need dangers the health of both those left destruction, not damage. Thousands of in the gulf region. This is a time re- stranded and the relief workers them- homes and places of business are a quiring unity and urgent action. selves. It has been estimated that there total loss and will have to be com- There will be a time, as I said earlier, are thousands of bodies that have yet pletely rebuilt in the coming months. I in the days and weeks to come to ex- to be recovered on the streets and bay- know that our colleague, Senator LOTT amine what went wrong. And a lot ous of Jefferson Parish. There are pub- of Mississippi, lost his own home. Near- went wrong before as well as after this lic safety concerns. There is not ly a million homes in his State have hurricane and flood. enough food and water. And the city been without power for days. Our citizens are already asking the remains without power. In Alabama more than 400,000 homes tough questions about what we could They need our help now, and they and businesses have lost power. Mobile have done to prevent the full extent of need more than the direct assistance and the surrounding environs suffered this tragedy. They are outraged, not we have just begun to deliver. Last severe flooding. In western Florida the just in the Gulf area. I spent yesterday week, as I mentioned earlier, this body situation is similar. The Presiding Offi- in my home State of Connecticut. I approved over $10 billion in emergency cer certainly knows of what I speak. went to the State armory in that city aid. That is a fraction of what will be Hundreds of thousands were without to help organize food assistance pack- required in the coming months and power and with scant access to the ages that were being shipped to the years to rebuild the lives and commu- basic necessities of life—clean water, Gulf region. I can tell you people in the nities affected by this tragedy. sanitary facilities, food, and shelter. city of Hartford, as well as people Our first concern must, of course, be The upshot of all this destruction throughout my State are outraged and the health of those who still remain. and damage is that millions of our fel- appalled by what they saw as incom- We need to guarantee all displaced low American citizens are now literally petence and indifference at the very victims access to comprehensive health refugees in their own country. highest levels of our national Govern- care coverage, to Medicaid, including We don’t like to use the word refugee ment. And I think they are right to be waiving residency, assets, and copay- and I certainly have stayed away from incensed and to demand better action ments requirements. Those who sur- it. But as you watch pictures of people and answers to what occurred. vive remain at great risk for illness walking along railroad tracks, along They want to know why there has and disease. They need and deserve highways, of people perched on roof- been a 44-percent cut in funds for flood medical care. tops waiting patiently for aid, and en- prevention in New Orleans since 2001, We need to provide resources to help during deprivation that we have never even though a 2001 FEMA report told the Centers for Disease Control and seen in this country on such an imme- us that a hurricane flooding New Orle- Prevention and local public health au- diate and immense scale as we have in ans was one of the three most likely thorities monitor and respond to dis- this event, then certainly the word ref- major disasters facing the United ease outbreaks and to help treat vic- ugee is appropriate in these cir- States, along with a terrorist attack in tims. We need to work closely with the cumstances. the city of New York. pharmaceutical industry to get badly We are receiving reports of looting, Citizens want to know why the ad- needed medication to these affected shooting, and chaos that has interfered ministration, despite promising there areas. with rescue and relief efforts. We all would be no net loss of wetlands, has We need to make sure that this is a struggle to remember a comparable allowed their development, including long-term effort. We must provide amount of destitution and destruction those in the Gulf region, which are bet- funding for continued monitoring of

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And then to watch volun- eral support for communities and tax throughout our Nation so that we will teers sorting it out, packaging it up incentives for individuals to incor- not again be caught off guard as we again. This was at one armory. Today porate displaced victims. were this time. they are opened up across the State, We also must provide basic services We must restore the ability of the and again we are seeing the same reac- and support for those who now literally Federal Government to respond to a tion today—literally thousands of peo- live as refugees in other States. disaster of this magnitude whether ple pouring out in our small State of The New Orleans school district has manmade or natural. Connecticut to provide assistance. been decimated. Only 2,500 of the 7,000 During the 1990s, FEMA evolved to What I know is that it is occurring all employees have been accounted for. fulfill this role and demonstrated across the country. The central office has been destroyed, through several disasters its ability While we are talking about the fail- and all of the school records in New Or- and confidence, I might add, to quickly ures of Government to respond well, leans are gone. mobilize resources and other aspects of how proud all of us ought to be in this Thankfully, there are over 30 cities relief efforts. By all accounts, that is Chamber of our fellow citizens because that have stepped forward to take in no longer the case. We should consider they are not sitting down. They are re- the 20,000 children who have so far been whether FEMA should be made a Cabi- acting. They are involved in telethons identified as in need. net level agency and whether there are and charitable giving, doing everything We have to get direct financial as- other steps that the national Govern- they can to assist the people of the sistance to the school districts absorb- ment can take so that in the future we Gulf region. It is a great picture of ing these students so they can ade- can fully mobilize our resources to re- America. It is what all of us believe quately care for them in addition to spond to national catastrophes. about our country. In moments like the students they already serve. I am also going to revisit shortly, this I did not hear a person in Con- We also must provide financial as- when the appropriations bills come up, necticut talk about the South or sistance for college students as they re- what I have recommended on three dif- southerners or differences in red States locate to other universities and provide ferent occasions, along with my col- and blue States. I watched good people incentives for those universities that league from Michigan, Senator STABE- in the city of Hartford, CT, doing ev- have already offered students a new NOW, to fully fund the first responders. erything they can to help out people in home. It was strongly recommended by our Louisiana, Alabama, and Mississippi. And we must make sure that victims former colleague, Warren Rudman, That is our America. That is the coun- are not penalized by rules, regulations, who, along with a very distinguished try we represent, and we are all deeply and responsibilities that may work commission financed and supported by proud of our fellow citizens. We will get well under normal circumstances but the Council on Foreign Relations, re- through this. We will put these people can be debilitating in times of an emer- ported that we should be spending back on their feet again, but we need gency. some $20 billion every year for 5 years to be better prepared so we can mini- We should waive income require- to see to it that we have the adequate mize the kind of hardship that these ments for Head Start displaced chil- resources in place to respond. communities have suffered through in dren. We should give States that have Now, they were talking about a ter- the last 10 days. offered childcare to refugees flexibility rorist attack when they talked about I yield the floor. on their subsidy payments. And we first responders. They did not have in The PRESIDING OFFICER (Mr. should waive TANF work requirements mind natural disasters of this mag- ALEXANDER). The Senator from Wash- for victims of the hurricane and flood. nitude. But clearly we need to antici- ington. We should also offer tax relief to vic- pate both. We have narrowly lost that Mrs. MURRAY. Mr. President, I rise tims so they can begin rebuilding their amendment on three different occa- this afternoon to join my colleagues in lives and expand and extend unemploy- sions. But I would hope in light of what offering my support and sympathy and ment assistance so they can get back has occurred in the Gulf region of our certainly everything we can do from on their feet more quickly. own Nation over the last week and a my home State of Washington to so We should mobilize volunteers half that we would be able to find the many of our fellow Americans who are through AmeriCorps and other organi- necessary support to see to it that our suffering so tragically from the outfall zations in a unified rebuilding effort. first responders in this country have of Hurricane Katrina. I want them to And we should encourage private in- the tools, the equipment, and the prep- know we will do everything we can to dustry to participate with their own aration so that we never ever again make sure we are there for them. resources and expertise. find ourselves in this situation, ill pre- I have to say that over the past week, We also need to guarantee that the pared to respond to a crisis of this citizens from this end of the country to brave military personnel who continue kind. my end of the country on the west to carry out operations in the gulf re- Lastly, I want to pay a little special coast have been glued to their tele- gion with characteristic precision and tribute to my own constituency. As I vision screens and really overwhelmed professionalism will have all the re- mentioned a few moments ago, I spent by the tremendous devastation and the sources that they need. a good part late yesterday morning at unfathomable suffering of so many of Last week, the U.S. Coast Guard the armory in Hartford, CT, where peo- our fellow Americans. The images have crews rescued over 22,000 people in Lou- ple in my office were gathering these become almost too much to bear, isiana, Mississippi, and Alabama, but supplies to send down to the gulf re- watching families without food and we are not properly supporting them, gion. It was Labor Day, and I went over water, people who have been trapped on in my view. Their costs in both oper- half expecting there might be a handful their roofs, people searching for their ations and reconstruction are esti- of people there to process and handle loved ones. People have come up to me mated in the hundreds of millions of the contributions. There were hundreds everywhere when I have gone through dollars, and they are being forced to di- of people there. It was really rather an my State over the last week. My office vert funds from their already strapped emotional moment to drive up and see has been inundated by calls from my 2005 accounts. This should be simply literally hundreds of people, volunteers fellow citizens in Washington State unacceptable to all of us. from various churches and organiza- who are really horrified at the condi- We also must start discussing long- tions in my State, gathering the mate- tions they have seen on TV. They are term solutions. We must be prepared as rials. There was a line of automobiles asking, rightfully, what can we do to a nation to prevent or mitigate the ef- that went around the block several help and how can we be there for our

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9628 CONGRESSIONAL RECORD — SENATE September 6, 2005 citizens? They are reaching into their the region. I think we all know it is has inexcusably prevented so much own pockets and doing everything they going to take time to get our transpor- help from getting to the places where can, and that truly has been heart- tation infrastructure back to where it it is needed. I can say from personal ex- warming to see. was, but we need to start concen- perience over the last week how frus- They are also asking, How could this trating on that and getting systems trating it has been, how unconscion- have happened? I have to say that peo- put in place now as well. able it has been to be unable to find ple in my home State are upset and, Rest assured, I will be asking very somebody in charge so that we can get really, with good reason. Our Govern- hard questions in the days to come medical supplies, doctors, nurses, and ment failed in its initial response. We about what went wrong and what we other supplies down to the affected now have to see that we succeed in this need to do to ensure that Americans areas quickly enough. ongoing recovery. That certainly is my never endure such preventable suf- We are going to have to make sure in focus right now. fering again. All of those questions will this Chamber that any impediments There is going to be a lot of time for be explored in detail, but right now I that may continue to exist in pre- hard questions and accountability, but am going to continue to make sure venting relief efforts from moving for- I think today we need to focus on that we are providing the immediate ward rapidly are eliminated. meeting the tremendous needs that support that our families and our com- Once we stabilize the situation, this rescue workers and our guard and po- munities again need. Once again, I just country is going to face the enormous lice forces are meeting on the ground. want to say my thoughts and my pray- challenge in providing stability for dis- We also need to recognize that the re- ers go out to everyone who has been placed families over the months and covery area is now no longer just lim- touched by this disaster. years that it is going to take to re- ited to the gulf coast. As Americans I see my colleague from Illinois who build. Already the State of Illinois has have opened their hearts and their has been down in the region is on the committed to accepting 10,000 dis- homes and they have opened up their floor with us. I look forward to hearing placed families. There are stories in Il- communities and their stadiums and about his firsthand experience as well. linois, as there are all across the coun- their hospitals and their homes in The PRESIDING OFFICER. The Sen- try, of churches, mosques, synagogues, towns and cities from coast to coast, ator from Illinois. and individual families welcoming peo- Mr. OBAMA. Mr. President, I rise to that need has spread across the coun- ple with open arms and no strings at- address what has been a heartbreaking try. tached. Shortly, in my home State of Wash- week for all of us. As was mentioned by Indeed, if there is any bright light ington, we are expecting to welcome my distinguished colleague from Wash- that has come out of this disaster, it is ington, I just returned from a trip from 2,000 evacuees. Nearly 200 of them are the degree to which ordinary Ameri- Houston with former Presidents Clin- going to arrive by this Thursday, and cans have responded with speed and de- ton and Bush as part of a fund-raising we need to make sure we are doing ev- termination, even as their Government effort to deal with the aftermath of erything and being prepared to meet has responded with what I consider to Hurricane Katrina. As we wandered their needs as they come to our States. be unconscionable ineptitude, which through the crowd, we heard in very in- Right now we have to ensure that the brings me to the next point. Once the timate terms some of the heart- evacuees have the bare essentials, that situation is stable, once families are wrenching stories that all of us have they have food, clothing, and shelter. settled for at least the short term, once witnessed on television over the past We also have to make sure we are pre- children are reunited with their par- several days: Mothers separated from ents and enrolled in school and the paring for the long term. their babies; adults mourning the loss For most children in this country, as wounds both on the outside and on the of elderly parents; descriptions of the we all know, this week marks a very inside have healed, we are going to heat, filth, and fear of the Superdome exciting time, the beginning of the have to do some hard thinking about and of the convention center in New school year, a time that they head off how we could have failed our fellow Orleans. to meet their new teachers and recon- There was an overriding sense of re- citizens so badly and how we will pre- nect with old friends and make new lief in Houston, and the officials in vent such failures from ever occurring ones. For all of the children who have Houston and in the entire State of again. been displaced from their homes and Texas deserve great credit for the out- It is not politics to insist that we their school districts by the effects of standing job they have done in creating have an independent commission to ex- Hurricane Katrina, the beginning of a clean and stable place for the tens of amine these issues. It is not politics. the school year is really the least of thousands of families who have been Indeed, one of the heartening things their worries. But we will need to come displaced. about this crisis has been the degree of together as a country to help these A conversation I had with one woman outrage that has come from across the schools across the Nation that are tak- captured the realities that are settling political spectrum—from across races, ing in these students from the gulf into the families as they face the fu- across incomes; the degree to which coast. ture. She said to me: We had nothing the American people sense that we can I just heard on the television before I before the hurricane, and now we have and we must do better, and a recogni- came here that there will be probably less than nothing. We had nothing be- tion that if we can’t cope with a crisis 200,000 or more of these young students, fore the hurricane, now we have less that has been predicted for decades, a and we have to do everything we can to than nothing. crisis in which we were given 4 to 5 absorb the costs and help the transi- In the coming weeks, as the images days’ notice, then how can we ever tion for these children and families, to of the immediate crisis fade and this hope to respond to a serious terrorist make it as smooth as possible. Chamber becomes consumed with other attack in a major American city in We also need to make sure we pay matters, we will be hearing a lot about which there is no notice and in which special attention to funding for support lessons learned and steps to be taken. I the death toll and the panic and the for homeless and foster children and will be among those voices who will be fear may be far greater? ensure that the most vulnerable among calling for action. In the most imme- That brings me to my final point. us have the support they need to suc- diate term, we will have to assure that There has been a lot of attention in the ceed and to build brighter futures the efforts at evacuating families from media about the fact that those who again. the affected States proceed—they are were left behind in New Orleans were In the aftermath of Hurricane not finished yet—that these Americans disproportionately poor and dispropor- Katrina, many different sectors of our who are having to flee their homes, tionately African American. I have transportation system have also their cities, their counties, and their said publicly that I do not subscribe to stepped up to the plate to deliver crit- towns are fed, clothed, housed, and pro- the notion that the painfully slow re- ical service, and because this region’s vided with the medical care and medi- sponse of FEMA and the Department of infrastructure is so devastated we need cine they need. Homeland Security was somehow ra- to immediately explore alternatives to We are also going to have to make cially based. I do not agree with that. moving people and freight throughout sure we cut through the redtape that I think the ineptitude was colorblind.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9629 But what must be said is that who- In Louisiana, Mississippi, Alabama, manity, hope and caring truly know no ever was in charge of planning and pre- and Florida lives have been forever political boundaries. This is a tragedy paring for the worst-case scenario transformed along with the landscape, for all of humankind, a wound to our seemed to assume that every American as we have witnessed untold scenes of world, but it is one from which we will, has the capacity to load up the family homes that no longer exist; floods that in time, recover to the fullest extent in a SUV, fill it up with $100 worth of ravage entire neighborhoods and cities; possible. gasoline, stick some bottled water in fires that consume what remains of All of our will and our resources as the trunk, and use a credit card to buildings, men, women, children, and one of the wealthiest nations on earth check into a hotel on safe ground. I see the elderly seeking food, water, and must and will be brought to bear over no evidence of active malice, but I see medicine—as well as missing loved what will be a long but ultimately tri- a continuation of passive indifference ones. umphant process of reclaiming our on the part of our Government toward The cities of New Orleans, Biloxi, Gulf Coast towns and cities for the fu- the least of us. Gulf Port, Pascagula, and so many oth- ture. As we all work toward that com- So I hope that out of this crisis we ers have sustained injuries almost be- mon goal, we do so hand-in-hand with all begin to reflect—Democrats and Re- yond belief. America and the world all those for whom we are praying and publicans, Black and White, young and have been stunned by the cruelty of the keeping in our thoughts. old, poor and wealthy. I hope we all tragic effects of this storm. At the While the hurricane’s winds and rain begin to reflect, not only on our indi- same time, we are also hearing the sto- have long since dissipated, the collec- vidual responsibilities to our families ries of those who have rushed to the tive concern and strength of this Na- and ourselves but on our mutual re- aid of our fellow Americans in need— tion continues ever onward—unbroken, sponsibilities to our fellow Americans, men and women of the National Guard undaunted, unflagging. Our message to mutual responsibilities that reflect and the U.S. Armed Services, para- the people of the Gulf Coast is both themselves in church and community medics, doctors, police men and simple and solemn: Your country will organizations and block clubs but also women, volunteers from all walks of be with you every step of the way, and that is our promise to you in this most express themselves through our Gov- life. And as chair of the Senate Com- difficult and desperate of times and ernment. merce Subcommittee on Fisheries and I hope we realize the people of New Coast Guard, I especially thank the forever forward from this day. I yield the floor. Orleans were not just abandoned dur- selfless commitment of the people of Mr. FEINGOLD. Mr. President, I ing the hurricane, they were abandoned the Coast Guard, who have rescued at want to again express my deepest sym- long ago—to murder and mayhem in least 32,000 thousand individuals find pathies to all those who have suffered their streets, to substandard schools, have served with the greatest heroism so much because of Hurricane Katrina to dilapidated housing, to inadequate and honor. and its aftereffects. This past week has To the people of the Gulf region: You health care, to a pervasive sense of seen destruction and misery on a scale do not stand alone in your pain and hopelessness. perhaps not witnessed before in the That is the deeper shame of this past frustration. Congress has a responsi- United States. Words simply cannot de- week, that it has taken a crisis such as bility to ensure that essential items, scribe it. this to awaken in us the understanding medical care, and shelter are provided Americans have responded to this of the great divide that continues to in a timely fashion, wherever and tragedy in typical fashion with untold fester in our midst. That is what all whenever they are needed. I am pleased acts of kindness and selflessness. Many Americans are truly ashamed about. the Congress passed a $10.5 billion who have lost everything themselves That is what I am ashamed about. And emergency spending bill to move the have worked without sleep and in ter- the fact that we are ashamed about it Gulf region toward recovery, and there rible conditions to help those who can- is a good sign. The fact that all of us should be no question that as addi- not help themselves. The Coast Guard don’t like to see such a reflection of tional resources are required, they will and military saved thousands stranded this country that we love tells me that be provided. It is only with the full on rooftops. People have volunteered the American people have better in- weight of the Federal Government that their services and their homes and stincts and a broader heart than our the entire region will not only endure, have donated generously. Companies current politics would indicate. ‘‘We but recover. And as chair of the Senate both large and small have also stepped had nothing before the hurricane,’’ the Small Business Committee, I will leave up to help, as has the international woman told me. ‘‘Now we have even no stone unturned in identifying re- community. In my own State of Wis- less.’’ I hope we all take the time to sources and services that can help consin, we have mobilized and deployed ponder the truth of that message. bring such a recovery to fruition. almost 500 members of the National Ms. SNOWE. Mr. President, I rise to I also believe that, looking forward, Guard. First responders and rescue extend my deepest sympathies and it is critical to examine and assess workers have traveled to the stricken strongest possible support for the peo- what steps might have been taken not areas to help, people are preparing ple of America’s Gulf Coast region, only to diminish the impact of the hur- shelters for those who have been dis- which was devastated by the terrible ricane, but also to respond appro- placed, and people are opening their forces of Hurricane Katrina. priately in its aftermath. We must de- pocketbooks. I deeply admire and re- In the aftermath of the worst natural termine how we, as a nation, could spect all of these acts of heroism and disaster in the history of the United have been better prepared. We owe that generosity. And as a member of the States, we continue our attempt to not only to those who will face poten- Senate Foreign Relations Committee, I comprehend the magnitude of the tial catastrophes in the future, but also want to express my sincere thanks to losses that have occurred—most espe- to all those who have died and those the many in the international commu- cially all those who have lost their suffering today from Katrina’s swathe nity who have come forward with their lives, lost livelihoods, and virtually all of devastation. own offers of help, and their words of their physical possessions. The scale of In the end, no human or natural act support and solidarity. the destruction is most horrifically re- can deprive Americans of their Unfortunately, these acts of heroism flected in the faces of those we have unyielding and singularly determined and compassion starkly contrast with seen over the past week—faces etched spirit, and that truth has once again the inadequacy of the response to this with an indelible and almost unimagi- demonstrated itself in the hearts of the major national disaster. Thousands nable sorrow, suffering, and burden, people of the Gulf Coast as well as the desperate for help were left stranded as and their images have reverberated millions of acts of kindness and com- the relief effort slowly sputtered into throughout a country in solidarity passion that have manifested them- action. Empty assurances and high- with their terrible plight. Indeed, there selves throughout America in Katrina’s level excuses were no comfort to those are colleagues in this very body who wake. We also appreciate the out- stuck in overcrowded and unsafe shel- have endured horrendous loss, and my pouring of sympathy and support ex- ters or to those who were desperate for thoughts and prayers go out to them as pressed by many nations and their peo- medicine. It is shocking and dis- well. ple throughout the world. Grief and hu- appointing, to say the least, that 4

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9630 CONGRESSIONAL RECORD — SENATE September 6, 2005 years of efforts to supposedly improve nection with services to be conducted there as a Senator but as a volunteer physi- our emergency response capabilities for the late honorable William H. Rehnquist, cian. A major problem I saw firsthand fell so short. We have devoted count- Chief Justice of the United States. was a very basic one, one of commu- less hours, and tens of billions of tax- f nications. It is so ironic, and this is payer dollars, to Homeland Security ORDERS FOR WEDNESDAY, why it is so important that we provide since 9/11. But the American people SEPTEMBER 7, 2005 the oversight, because Congress has ap- propriated funds for communications have not gotten an adequate return for Mr. FRIST. Mr. President, I ask and for the interoperability of commu- this massive investment. unanimous consent that following the nications, but I didn’t see any of that We must do all we can to help the rollcall vote on the Hurricane Katrina on the ground. People worked without residents of Louisiana, Mississippi, and resolution, the Senate adjourn until functioning radios when I arrived, and Alabama get back on their feet and re- 10:30 a.m. on Wednesday, September 7. literally within that large terminal build their homes and their lives. I further ask that following the prayer and one of the large main rooms there, These Americans will need our resolve and the pledge, the morning hour be people could not communicate from and our partnership long after the deemed expired, the Journal of pro- one side of that room to the other. headlines fade. ceedings be approved to date, the time Doctors and nurses had to use runners In addition it is of the utmost impor- for the two leaders be reserved, and the to shuttle through the airport. It sim- tance that there be a thorough and Senate then proceed to a period of ply did not make sense. It does not independent review of the response to morning business until 12 noon, with make sense in America. Hurricane Katrina in order to identify the time equally divided and Senators Many other challenges I saw we will failures and improve our emergency re- permitted to speak for up to 10 minutes be addressing on the floor of the Senate sponse system and capabilities. I each. in the appropriate oversight mecha- pledge to work with my colleagues on The PRESIDING OFFICER. Without nism. Our full attention at this junc- both sides of the aisle to ensure that objection, it is so ordered. those responsible for costly failures are ture needs to be directed to saving f held accountable, and to ensure that lives. The President has stated this we learn from this tragedy. We must PROGRAM again and again. Literally as we speak face up to the searing and shameful im- Mr. FRIST. Mr. President, tomorrow here today, there are people in those ages of American families being left to the Senate will pay its respects to the second and third floors of homes who fend for themselves in increasingly des- late Chief Justice William Rehnquist. have not yet been rescued. Every major perate circumstances, and we must en- Senators will be able and are encour- city houses the poor and the elderly sure that we never see such images aged to make statements tomorrow and the infirm, and every American again. morning relating to the passing of Jus- city is a potential target of a disaster The PRESIDING OFFICER. The ma- tice Rehnquist. or an attack, either natural or other- jority leader. We will be voting at noon tomorrow wise. There can be no excuses for inac- f on a resolution which expresses the tion. sense of the Senate. The Senate will re- Senator SUSAN COLLINS and Senator PROVIDING FOR THE USE OF THE cess during the funeral ceremonies as a JOE LIEBERMAN, the chairman and CATAFALQUE IN CONNECTION further mark of respect. As I men- ranking member of the Homeland Se- WITH MEMORIAL SERVICES FOR tioned earlier, we will begin consider- curity and Governmental Affairs Com- THE LATE HONORABLE WILLIAM ation of the Commerce, Justice and mittee, have announced their oversight H. REHNQUIST, CHIEF JUSTICE Science appropriations bill on Thurs- hearings. Again, our attention needs to OF THE UNITED STATES day this week. be on saving and sustaining those peo- Mr. FRIST. Mr. President, I ask f ple who are suffering as we speak, but unanimous consent that the Senate at the same time we have a mechanism now proceed to the consideration of S. EXPRESSING THE CONDOLENCES that is underway to begin our very se- Con. Res 52, which was submitted ear- OF THE NATION TO THE VICTIMS rious, very important responsibility of lier today. OF HURRICANE KATRINA oversight as to what did not go well The PRESIDING OFFICER. The Mr. FRIST. Mr. President, in a few and what needs to go much better in clerk will report the concurrent resolu- minutes, we will be voting on a resolu- the future. tion by title. tion expressing our deep and heartfelt I do want to assure the American The legislate clerk read as follows: sympathy for the victims of Hurricane people that the Senate is hard at work. A concurrent resolution (S. Con. Res. 52) Katrina. I know I speak for all when I We have rolled up our sleeves. We providing for the use of the catafalque situ- say that the Senate and the American began with the passage of the $10.5 bil- ated in the crypt beneath the Rotunda of the people stand by the good people of Ala- lion the other night. It is very likely Capitol in connection with the memorial bama, Louisiana, and Mississippi who that in very short order, we will have a services to be conducted in the Supreme have suffered so deeply and who have much larger supplemental come Court Building for the late honorable Wil- through, maybe within the next several liam H. Rehnquist, Chief Justice of the lost so much. We are committed to United States. helping them recover and rebuild. Last days, on the Senate floor, and it will Thursday night, we passed $10.5 billion require yet another supplemental fund- There being no objection, the Senate in aid, but this is just the downpay- ing bill in the future. We are deter- proceeded to consideration of the con- ment. There is still much hard work mined that New Orleans, where I was current resolution. ahead. Saturday and Sunday; or Biloxi, where Mr. FRIST. I ask unanimous consent One of our most important and press- I was on Sunday; or Mobile, also on that the resolution be agreed to and ing duties is to conduct a thorough in- Sunday—really that entire coast—will the motion to reconsider be laid on the vestigation from top to bottom of the recover and that we will rebuild in a table. initial emergency response. There is no way that is bigger and better and The PRESIDING OFFICER. Without question that in many places the early stronger. That is the future to which objection, it is so ordered. emergency response was simply unac- we are committed. The concurrent resolution (S. Con. ceptable. No one who saw the news and We have many hurdles to face in the Res. 52) was agreed to, as follows: the mounting discomfort and despair meantime, and we will address those S. CON. RES. 52 at the Superdome and the convention aggressively. We faced urban disasters Resolved by the Senate (the House of Rep- center could say otherwise. We need to in our history. As former Speaker resentatives concurring), That the Architect find out what went wrong and what Gingrich said in the last couple of of the Capitol is authorized and directed to days: A large chunk of Chicago was transfer to the custody of the Supreme Court went right, and we will. We need to of the United States the catafalque which is find out what we need to do so we are burned all the way to the ground, and situated in the crypt beneath the Rotunda of never, ever caught unprepared again. it came back stronger than ever. He the Capitol so that such catafalque may be As I mentioned this morning, I trav- also mentioned San Francisco, leveled used in the Supreme Court Building in con- eled to the gulf coast this weekend, not by an earthquake only to reemerge a

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9631 much more beautiful and more pros- Durbin Kyl Roberts HONORING CHIEF JUSTICE perous city. America has never shied Ensign Lautenberg Salazar WILLIAM H. REHNQUIST Enzi Leahy Santorum from a challenge. We are a nation of Feingold Levin Sarbanes Mr. CORZINE. Mr. President, I rise people who have come to these shores Feinstein Lieberman Schumer today to offer my sincere condolences to work hard and to dream big. It is in Frist Lincoln Sessions Graham Lott to the family of Chief Justice William our national DNA. It is what makes us Shelby Grassley Lugar Smith H. Rehnquist and to recognize his Gregg Martinez great. Snowe achievements during a lifetime of pub- Hagel McCain This weekend, I saw the incredible Stabenow Harkin McConnell lic service. generosity and caring and compassion Hatch Mikulski Stevens Throughout his life, William H. and outpouring among volunteers and Hutchison Murkowski Sununu Rehnquist served this Nation with dig- military personnel and Guard per- Inhofe Murray Talent Thomas nity and integrity, first in the Army sonnel and medical and health profes- Isakson Nelson (FL) Jeffords Nelson (NE) Thune Air Corps during World War II and sionals from all over the country—citi- Johnson Obama Voinovich later as an Associate and then Chief zens helping one another, patients in Kennedy Pryor Warner Justice on the United States Supreme adjacent gurneys helping one another, Kerry Reed Wyden Kohl Reid Court. For 33 years, Justice Rehnquist pouring out their hearts and their time was a fixture on the Court, and he dem- NOT VOTING—6 and their resources. It was humbling onstrated both a love and a respect for and it was inspiring. Allard Landrieu Specter Inouye Rockefeller Vitter the institution. He led the Judicial I am confident that together we will Conference of the United States with meet the challenges that lie ahead and The resolution (S. Res. 233) was distinction, advocating for judicial emerge more prosperous and more agreed to. independence during this 18-year ten- The preamble was agreed to. united than ever. ure as Chief Justice. And even as his Mr. President, I ask for the yeas and The resolution, with its preamble, reads as follows: health declined in recent years, Judge nays. Rehnquist continued to lead the Court, S. RES. 233 The PRESIDING OFFICER. Is there a a testament to his tenacity and char- sufficient second? There appears to be Whereas, on August 28, 2005, Hurricane Katrina reached landfall devastating the acter. a sufficient second. Although I did not always agree with The yeas and nays were ordered. Gulf Coast states; Whereas there has yet to be a full account- his legal decisions, I have deep respect The PRESIDING OFFICER. The ing for all our citizens whose lives were trag- for Chief Justice Rehnquist’s service to clerk will report the resolution. ically lost; our Nation, and I join my colleagues in The legislative clerk read as follows: Whereas the cost in human suffering is on- honoring him today. A resolution (S. Res. 233) expressing the going for hundreds of thousands of people condolences of the Nation to the victims of who have lost loved ones, homes, and liveli- f Hurricane Katrina, commending the resil- hoods; Whereas immediate humanitarian aid is ARMY STAFF SERGEANT JEREMY iency of the people of the States of Lou- DOYLE isiana, Mississippi, and Alabama, and com- still critically needed in many of the dev- mitting to stand by them in the relief and astated regions; Mr. BAYH. Mr. President, I rise recovery efforts. Whereas the devastation on the Gulf Coast today with a heavy heart and deep of Mississippi, Louisiana, and Alabama is sense of gratitude to honor the life of a The PRESIDING OFFICER. The catastrophic; question is on agreeing to the resolu- Whereas the City of New Orleans is trag- brave soldier who attended high school tion. The yeas and nays have been or- ically flooded and the surrounding commu- in Indianapolis and whose family re- dered. The clerk will call the roll. nities of St. Bernard and Plaquemines par- sides in Martinsville. Jeremy Doyle, 24 The legislative clerk called the roll. ishes are devastated; years old, died on August 18 when his Mr. DURBIN. I announce that the Whereas every city on the Mississippi Gulf vehicle was struck by a roadside bomb Coast is severely damaged or destroyed, in- Senator from Hawaii (Mr. INOUYE), the in Samarra, Iraq. With so much of his cluding Waveland, Bay St. Louis, Pass Chris- life left before him, Jeremy risked ev- Senator from Louisiana (Ms. LAN- tian, Long Beach, Gulfport, Biloxi, Ocean DRIEU), and the Senator from West Vir- Springs, Moss Point, and Pascagoula; erything to fight for the values Ameri- ginia (Mr. ROCKEFELLER) are nec- Whereas the States of Florida, Texas, and cans hold close to our hearts, in a land essarily absent. Georgia also sustained damage; halfway around the world. I further announce that, if present Whereas Coast Guard search and rescue Although he did not call Martinsville and voting, the Senator from Hawaii teams, police, firefighters, the National home, Jeremy’s impact on the town (Mr. INOUYE) would vote ‘‘yea.’’ Guard and many ordinary citizens have was demonstrated by the hundreds of risked their lives to save others; Mr. MCCONNELL. The following Sen- families who lined the town’s streets Whereas doctors, nurses, and medical per- for 31⁄2 miles as his funeral procession ators were necessarily absent: the Sen- sonnel worked expeditiously to ensure that ator from Colorado (Mr. ALLARD), the hospitals, medical centers, and triage units wound through downtown. At the fu- Senator from Pennsylvania (Mr. SPEC- provided needed care; neral, family members remembered TER), and the Senator from Louisiana Whereas the American Red Cross, the Sal- Jeremy as a jokester and a soldier who (Mr. VITTER). vation Army, and other volunteer organiza- deeply loved his family and the U.S. Further, if present and voting, the tions and charities are supplying hurricane military. A commander of an armored Senator from Louisiana (Mr. VITTER) victims with food, water, and shelter; humvee, Jeremy was on his second tour would have voted ‘‘yea.’’ Whereas the State of Texas and numerous of duty in Iraq having returned to Iraq other states have welcomed tens of thou- after being slightly wounded last The PRESIDING OFFICER (Mr. sands of victims from Louisiana and pro- CHAMBLISS). Is there any Senator in vided them with aid and comfort; spring while he tried to deactivate an the Chamber wishing to vote? Whereas the Army Corps of Engineers has explosive. His uncle told the crowd The result was announced—yeas 94, worked to reinforce levees in Louisiana; and gathered at Jeremy’s funeral service: nays 0, as follows: Whereas thousands of volunteers and gov- [Jeremy] will forever be my hero. I [Rollcall Vote No. 221 Leg.] ernment employees from across the Nation stand here today to express the same have committed time and resources to help YEAS—94 feelings of pride and gratitude for this with recovery efforts: Now, therefore, be it young man’s sacrifices and those made Akaka Burns Conrad Resolved, That the Senate— Alexander Burr Cornyn (1) expresses the condolences of the Nation by his family on behalf of our country. Allen Byrd Corzine to the victims of Hurricane Katrina; Jeremy was killed while serving his Baucus Cantwell Craig (2) commends the resiliency and courage of country in Operation Iraqi Freedom. Bayh Carper Crapo the people of the States of Louisiana, Mis- Bennett Chafee Dayton He was assigned to the 3rd Infantry Di- sissippi, and Alabama; and vision, stationed at Fort Wayne, GA. Biden Chambliss DeMint (3) commits to provide the necessary re- Bingaman Clinton DeWine sources and to stand by the people of the This brave young soldier leaves behind Bond Coburn Dodd his wife, Leah McGinnis Doyle. Boxer Cochran Dole States of Louisiana, Mississippi, and Ala- Brownback Coleman Domenici bama in the relief, recovery, and rebuilding Today, I join Jeremy’s family and Bunning Collins Dorgan efforts. friends in mourning his death. While

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9632 CONGRESSIONAL RECORD — SENATE September 6, 2005 we struggle to bear our sorrow over loved what he was doing. His family re- American people to know about this this loss, we can also take pride in the counted to a local newspaper their extraordinary young woman who example he set, bravely fighting to pride in Michael and his habit of put- served us all so well. make the world a safer place. It is his ting others before himself. I stand here Laura was my Web designer, in courage and strength of character that today to express the same feelings of charge of my Senate Web site. Over the people will remember when they think pride and gratitude for this young Hoo- past several years, she transformed of Jeremy, a memory that will burn sier’s sacrifices and those made by his ‘‘boxer.senate.gov’’ from a simple, non- brightly during these continuing days family on behalf of our country. descript Web page to a modern, cut- of conflict and grief. Michael was killed while serving his ting-edge site that has won awards for Jeremy was known for his dedication country in Operation Enduring Free- its clean look, comprehensive content, to his family and his love of country. dom. He was assigned to the 2nd Bat- and accessibility. Today and always, Jeremy will be re- talion, 503rd Infantry Regiment, Today thousands of Californians visit membered by family members, friends Vicenza, Italy. This brave young sol- this site every week to get up-to-date and fellow Hoosiers as a true American dier leaves behind his wife, Danielle, information, express their opinions, hero, and we honor the sacrifice he and their adopted son. and obtain help from my office and made while dutifully serving his coun- Today, I join Michael’s family and Government agencies. Laura’s many try. friends in mourning his death. While additions to the site included video up- As I search for words to do justice in we struggle to bear our sorrow over dates from California and the Senate honoring Jeremy’s sacrifice, I am re- this loss, we can also take pride in the floor, contests for kids on Earth Day minded of President Lincoln’s remarks example he set, bravely fighting to and the Fourth of July, and dozens of as he addressed the families of the fall- make the world a safer place. It is his links to other sites providing news, in- en soldiers in Gettysburg: We cannot courage and strength of character that formation, and assistance. dedicate, we cannot consecrate, we people will remember when they think Laura was not only a tremendous cannot hallow this ground. The brave of Michael, a memory that will burn asset to my staff; she was also a joy to men, living and dead, who struggled brightly during these continuing days work with. She was smart, funny, and here, have consecrated it, far above our of conflict and grief. most of all big hearted. She was both poor power to add or detract. The Michael was known for his dedication tech wise and user friendly, always world will little note nor long remem- to his family and his love of country. willing to share her knowledge and ex- ber what we say here, but it can never Today and always, Michael will be re- pertise. In our Los Angeles office, she forget what they did here. This state- membered by family members, friends organized great potluck lunches where ment is just as true today as it was and fellow Hoosiers as a true American she cooked well, ate prodigiously, and nearly 150 years ago, as I am certain hero and we honor the sacrifice he shared her eclectic taste in music of all that the impact of Jeremy’s actions made while dutifully serving his coun- kinds—good, bad, and strange. will live on far longer than any record try. A truly urban Angeleno, Laura lived of these words. As I search for words to do justice in in a downtown LA loft and recently led It is my sad duty to enter the name honoring Michael’s sacrifice, I am re- her new husband James and their wed- of Jeremy Doyle in the official record minded of President Lincoln’s remarks ding party on a candlelight procession of the U.S. Senate for his service to as he addressed the families of the fall- through the center city. this country and for his profound com- en soldiers in Gettysburg: Laura was a highly skilled and de- mitment to freedom, democracy and We cannot dedicate, we cannot consecrate, voted public servant who believed that peace. When I think about this just we cannot hallow this ground. The brave technology can and should add to our cause in which we are engaged, and the men, living and dead, who struggled here, understanding of Government and give unfortunate pain that comes with the have consecrated it, far above our poor more people the opportunity to partici- loss of our heroes, I hope that families power to add or detract. The world will little pate in our democracy. I deeply appre- like Jeremy’s can find comfort in the note nor long remember what we say here, ciate her service to the Senate and the but it can never forget what they did here. words of the prophet Isaiah who said: people of California. He will swallow up death in victory; This statement is just as true today I know Members will join me in hon- and the Lord God will wipe away tears as it was nearly 150 years ago, as I am oring the memory of Laura Esguerra from off all faces. certain that the impact of Michael’s Adams and sending our thoughts and May God grant strength and peace to actions will live on far longer than any prayers to her husband, family, and those who mourn, and may God be with record of these words. many dear friends. all of you, as I know He is with Jer- It is my sad duty to enter the name f emy. of Michael Schafer in the official ARMY SERGEANT MICHAEL SCHAFER record of the United States Senate for ADDITIONAL STATEMENTS Mr. President, with a heavy heart his service to this country and for his and deep sense of gratitude I wish to profound commitment to freedom, de- TRIBUTE TO THOMAS A. GRAU honor the life of a brave soldier from mocracy and peace. When I think about Crown Point. Michael Schafer, 25 years this just cause in which we are en- ∑ Mr. BURNS. Mr. President, I con- old, died on July 25 from enemy gunfire gaged, and the unfortunate pain that gratulate Thomas A. Grau, CPCU, who on a quick reaction force mission in comes with the loss of our heroes, I is near the end of his term as the 100th Oruzgan, Afghanistan. With so much of hope that families like Michael’s can president of the Nation’s largest insur- his life left before him, Michael risked find comfort in the words of the proph- ance association, the Independent In- everything to fight for the values et Isaiah who said, ‘‘He will swallow up surance Agents & Brokers of America, Americans hold close to our hearts, in death in victory; and the Lord God will IIABA. He was elected to IIABA’s exec- a land halfway around the world. wipe away tears from off all faces.’’ utive committee in September 1999, A generous and humorous man, Mi- May God grant strength and peace to and was installed as the organization’s chael enlisted in the military following those who mourn, and may God be with president last October. Tom is an exec- high school and re-enlisted 2 years ago. all of you, as I know He is with Mi- utive with the Cogswell Agency in In joining the military, Michael con- chael. Great Falls, MT. tinued a family tradition, as his father, f During Tom’s year as president, Mark, served in the Navy. He was IIABA accomplished a number of mile- among the paratroopers who jumped IN REMEMBRANCE OF LAURA stone achievements. It sought—and into northern Iraq in March 2003 at the ESGUERRA ADAMS earned—the honor of a major policy ad- start of the war. Upon the completion Mrs. BOXER. Mr. President, today I dress to its members by President Bush of his time in the Army, Michael pay tribute to Laura Esguerra Adams, in April. The association met its goal dreamed of becoming a police officer. A a member of my staff who died last of having 5,000 agencies on board as true believer in the cause of freedom, week after a valiant struggle against members of its Trusted Choice® brand- Michael often told his family that he cancer. I want the Senate and the ing initiative, and did so 6 months

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9633 ahead of schedule. It continued its mo- There would be more recognition to HONORING INDIANAPOLIS LIFE mentum in the area of agency tech- come for the Bergmans, the only hus- ∑ Mr. BAYH. Mr. President, today I nology and paid off the mortgage on its band-and-wife team of lyricists. In 1968, wish to recognize the centennial cele- headquarters in Alexandria, VA. Alan and Marilyn also won a Golden bration of Indianapolis Life. I am hon- Tom has been active on all levels of Globe Award for ‘‘The Windmills of ored to have the opportunity to offer the insurance industry throughout his Your Mind.’’ In 1973, Alan and Marilyn my sincere congratulations on the career. From his service as the Inde- won two Emmys, an Oscar, a Grammy, company’s 100 years of service and I pendent Insurance Agents of Montana and a Golden Globe Award for ‘‘The want to express my gratitude and ad- representative, to the chairman of the Way We Were.’’ In 1984, they won an- miration for its many contributions to national IIABA finance committee, other Oscar for the score for ‘‘Yentl,’’ the State of Indiana. It is companies Tom has exhibited great vision and di- and won Emmys for ‘‘Sybil,’’ ‘‘Queen of such as Indianapolis Life Insurance rection for this organization. On the the Stardust Ballroom,’’ ‘‘Ordinary that make me proud to be a Hoosier. local level, he twice served as president Miracles’’ and ‘‘A Ticket to Dream.’’ of the Independent Insurance Agents of I had the honor of serving briefly on And these are just a few of Alan and the board of directors of Indianapolis Great Falls. Marilyn’s many awards. Tom’s experience has not been lim- Life, giving me the chance to see the In addition to these awards, Alan and workings of this company first-hand. ited to leadership roles alone. He also Marilyn have received many accolades. has proven instrumental in various in- Not only does Indianapolis Life provide Among others, they have been inducted high-quality insurance to hundreds of surance industry education efforts into the Songwriters Hall of Fame, and throughout his career, and taught thousands of customers, but it is also a have received the National Academy of pillar of community support in Indian- many professional accreditation class- Songwriters Lifetime Achievement es. I also value Tom’s commitment to apolis, through its corporate philan- Award, the Spanish Cultural Medal of thropy and the volunteer activities of his community. He is active in church Honor, and the Governors Award from and professional organizations, from its staff. The financial success of the the National Association of Recording company has created economic growth Optimist International, to the Mus- Arts and Sciences. As president of the cular Dystrophy Association and the across the country and has been an im- American Society of Composers, Au- portant part of the State economy for Boy Scouts. thors and Publishers, Marilyn has I sincerely thank Tom for his efforts a century now. worked with many in Congress, in a bi- on behalf of IIABA and the positive im- On behalf of the State of Indiana, I partisan way, to protect intellectual pact his efforts have had on this orga- thank all the employees, staff and di- property rights. nization and his community back home rectors who have made Indianapolis Recently, Alan unveiled another one in Great Falls, MT. I wish him and his Life into the company it is today.∑ of his many talents—in addition to wife Cheryl all the best in their future being a world-renowned songwriter, f endeavors.∑ Alan is also a gifted singer. He has per- f formed shows across the country, from DAR IN MONROE, LA IN CELEBRATION OF ALAN the Algonquin Hotel in New York to ∑ Mr. VITTER. Mr. President, I wish to BERGMAN the Jazz Bakery in Los Angeles, show- acknowledge the Fort Miro Chapter of ∑ Mrs. BOXER. Mr. President, I would casing the songs that he has written the Daughters of the American Revolu- like to take this opportunity to recog- with Marilyn. tion in Monroe, LA. Beginning Sep- nize a wonderful Californian, Alan When I met Alan and Marilyn in 1990, tember 17 and ending September 23, Bergman, in honor of his 80th birthday. I knew that my life as a political lead- this great organization will observe its Few in the world today have brought so er would take on a new dimension. I annual Constitution Week. Today, I much pleasure, joy, and insight to so was to learn that as a human being I would like to spend a few moments many as have Alan and his wife had been enriched beyond measure. highlighting the importance of their Marilyn. Alan and Marilyn’s musical achieve- efforts. Alan Bergman was born on Sep- ments throughout their lifetimes show The Daughters of the American Rev- tember 11, 1925, in Brooklyn, NY. He how exceedingly talented and gifted olution petitioned Congress in 1955 to had an ear for music at a young age— they are. Their success is a result of set aside a week to celebrate the Con- at age 10, he knew he wanted to be a their hard work and dedication. It is no stitution. Thanks to their petition, songwriter. After studying at the Uni- wonder that they are one of the most Congress, through a joint resolution on versity of North Carolina at Chapel respected songwriting teams in music August 2, 1956, requested that the Hill and the University of California at today. President proclaim that September 17 Los Angeles, Alan moved to Philadel- I believe it is appropriate that Alan through 23 serve as Constitution Week. phia. There, he worked as a director for be recognized in the CONGRESSIONAL This week sets out to emphasize citi- children’s television shows, and moon- RECORD today not only on the occasion zens’ responsibilities for protecting and lighted as a songwriter. He soon moved of his 80th birthday, but, along with defending the Constitution, inform peo- back to Los Angeles at the urging of Marilyn, for enriching the lives of so ple that the Constitution is the basis his mentor, Johnny Mercer, to work many Americans for so many years.∑ for America’s great heritage, and en- full time on his budding songwriting f courage the study of the historical career. events surrounding its framing in Sep- In Los Angeles, Alan met Marilyn 125TH ANNIVERSARY OF COLMAN, SD tember 1787. Keith. Alan and Marilyn hit it off right I applaud the Daughters of the Amer- ∑ away, and Alan knew that in Marilyn Mr. THUNE. Mr. President, today I ican Revolution for their continued he had a friend and a musical partner. wish to recognize Colman, SD. The dedication to celebrating the impor- Alan also knew that he wanted to town of Colman will celebrate the 125th tance of the Constitution through edu- spend the rest of his life with this re- anniversary of its founding this year. cation and activism. Moreover, I com- markable woman. And in 1958, Alan Located in Moody County, Colman mend the Fort Miro Chapter of the and Marilyn were married. With was founded when the Milwaukee rail- Daughters of the American Revolution Marilyn’s musical background, she and road extended its line reaching the in Monroe, LA, for doing this fine work Alan were a perfect match. They began town in 1880. It was originally known on behalf of the State of Louisiana.∑ to write lyrics together. It soon be- as Sankey and then Allentown. The came evident that Alan and Marilyn city eventually changed its name to f Bergman were a powerful team, work- Colman in honor of the Colman Lum- ing on lyrics for television shows and ber Company, a local business. MESSAGES FROM THE PRESIDENT movies. In 1968, their efforts won them I would like to offer my congratula- Messages from the President of the their first Oscar for ‘‘The Windmills of tions to Colman on their anniversary United States were communicated to Your Mind,’’ the theme song from the and I wish them continued prosperity the Senate by Ms. Evans, one of his ‘‘Thomas Crown Affair.’’ in the years to come.∑ secretaries.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9634 CONGRESSIONAL RECORD — SENATE September 6, 2005 EXECUTIVE MESSAGES REFERRED accompanying papers, reports, and doc- ting, pursuant to law, the report of a nomi- As in executive session the Presiding uments, and were referred as indicated: nation for the position of Assistant Sec- retary of Defense (Networks, Information EC–3320. A communication from the Under Officer laid before the Senate messages and Integration), received on July 28, 2005; to Secretary of Defense for Acquisition, Tech- from the President of the United the Committee on Armed Services. nology, and Logistics, transmitting, pursu- States submitting sundry nominations EC–3330. A communication from the Assist- ant to law, a report (beginning with tab A and a withdrawal which were referred ant Director, Executive and Political Per- ‘‘Document Table’’ and ending with tab K sonnel, Department of Defense, transmit- to the appropriate committees. ‘‘Counsel Memoranda, Legal Opinions, Etc.’’) ting, pursuant to law, the report of the dis- (The nominations received today are relative to the Defense Base Closure and Re- continuation of service in the acting role of printed at the end of the Senate pro- alignment Act of 1990, as amended; to the Assistant Secretary of Defense (Public Af- ceedings.) Committee on Armed Services. fairs), July 28, 2005; to the Committee on EC–3321. A communication from the Under f Armed Services. Secretary of Defense for Acquisition, Tech- MESSAGE FROM THE HOUSE RE- EC–3331. A communication from the Assist- nology, and Logistics, transmitting, pursu- ant Director, Executive and Political Per- CEIVED DURING THE ADJOURN- ant to law, a report (beginning with tab A MENT sonnel, Department of Defense, transmit- ‘‘Trust Indenture and Security Agreement’’ ting, pursuant to law, the report of action on Under authority of the order of Sep- and ending with tab C ‘‘Omnibus Assign- the nomination for the position of Assistant tember 1, 2005, a message from the ment, Assumption and Consent Agreement’’) Secretary of the Army (Civil Works), re- House of Representatives, delivered by relative to the Defense Base Closure and Re- ceived on July 28, 2005; to the Committee on alignment Act of 1990, as amended; to the one of its clerks, announced that the Armed Services. Committee on Armed Services. EC–3332. A communication from the Assist- House has passed the following bill, in EC–3322. A communication from the Under which it requests the concurrence of ant Director, Executive and Political Per- Secretary of Defense for Acquisition, Tech- sonnel, Department of Defense, transmit- the Senate: nology, and Logistics, transmitting, pursu- ting, pursuant to law, the report of a nomi- H.R. 3645. An act making emergency sup- ant to law, a report (2 subjects on 1 disc be- nation for the position of Assistant Sec- plemental appropriations to meet immediate ginning with ‘‘Inquiry Response Regarding retary of the Air Force (Installations, Envi- needs arising from the consequences of Hur- Privatized Housing’’) relative to the Defense ronment and Logistics), received on July 28, ricane Katrina, for the fiscal year ending Base Closure and Realignment Act of 1990, as 2005; to the Committee on Armed Services. September 30, 2005, and for other purposes. amended; to the Committee on Armed Serv- EC–3333. A communication from the Assist- The message also announced that the ices. ant Director, Executive and Political Per- House has agreed to the following con- EC–3323. A communication from the Under sonnel, Department of Defense, transmit- current resolution, without amend- Secretary of Defense for Acquisition, Tech- ting, pursuant to law, the report of action on nology, and Logistics, transmitting, pursu- the nomination for the position of Under ment: ant to law, a report (10 subjects on 1 disc be- S. Con. Res. 51. Concurrent resolution pro- Secretary of Defense (Acquisition, Tech- ginning with ‘‘Inquiry Response Regarding nology and Logistics), received on July 28, viding for a conditional adjournment or re- Maritime Information Systems, San Diego cess of the Senate, and a conditional ad- 2005; to the Committee on Armed Services. and Undersea Sensor Systems, Newport, RI’’) EC–3334. A communication from the Assist- journment or recess of the House of Rep- relative to the Defense Base Closure and Re- resentatives. ant Director, Executive and Political Per- alignment Act of 1990, as amended; to the sonnel, Department of Defense, transmit- f Committee on Armed Services. ting, pursuant to law, the report of a nomi- ENROLLED BILLS SIGNED EC–3324. A communication from the Under nation for the position of Under Secretary of Secretary of Defense for Acquisition, Tech- Defense (Policy), received on July 28, 2005; to Under authority of the order of Janu- nology, and Logistics, transmitting, pursu- the Committee on Armed Services. ary 4, 2005, the Secretary of the Senate, ant to law, a report (7 subjects on 1 disc be- EC–3335. A communication from the Assist- on August 4, 2005, during the adjourn- ginning with ‘‘Inquiry Response Regarding ant Director, Executive and Political Per- ment of the Senate, received a message Consolidation of B–1’s at One Base’’) relative sonnel, Department of Defense, transmit- from the House of Representatives an- to the Defense Base Closure and Realign- ting, pursuant to law, the report of a change nouncing that the Speaker has signed ment Act of 1990, as amended; to the Com- in previously submitted reported informa- the following enrolled bills: mittee on Armed Services. tion for the position of Deputy Secretary of EC–3325. A communication from the Under Defense, received on July 28, 2005; to the H.R. 3. An act to authorize funds for Fed- Secretary of Defense for Acquisition, Tech- eral-aid highways, highway safety programs, Committee on Armed Services. nology, and Logistics, transmitting, pursu- EC–3336. A communication from the Assist- and transit programs, and for other purposes. ant to law, a report (8 subjects on 1 disc be- H.R. 6. An act to ensure jobs for our future ant Director, Executive and Political Per- ginning with ‘‘Inquiry Response Regarding with secure, affordable, and reliable energy. sonnel, Department of Defense, transmit- H.R. 1132. An act to provide for the estab- Current Data on Facilities for Storage and ting, pursuant to law, the report of a va- lishment of a controlled substance moni- Maintenance of STAMP at McConnell AFB’’) cancy and the designation of an acting offi- toring program in each State. relative to the Defense Base Closure and Re- cer for the position of Deputy Secretary of alignment Act of 1990, as amended; to the Under authority of the order of Janu- Defense, received on July 28, 2005; to the Committee on Armed Services. Committee on Armed Services. ary 4, 2005, the enrolled bills were EC–3326. A communication from the Office EC–3337. A communication from the Assist- signed on August 4, 2005, during the ad- of the Under Secretary of Defense for Per- ant Director, Executive and Political Per- journment of the Senate, by the Acting sonnel and Readiness, Department of De- sonnel, Department of Defense, transmit- President Pro Tempore (Mr. WARNER). fense, transmitting, pursuant to law, an in- ting, pursuant to law, the report of the dis- terim report entitled ‘‘Implementation Plan f continuation of service in the acting role of for Accession of Persons with Specialized General Counsel of the Department of the MESSAGE FROM THE HOUSE Skills’’; to the Committee on Armed Serv- Army, received on July 28, 2005; to the Com- A message from the House of Rep- ices. mittee on Armed Services. resentatives, delivered by one of its EC–3327. A communication from the Assist- EC–3338. A communication from the Regu- ant Director, Executive and Political Per- lations Officer, Social Security Administra- clerks, announced that the Speaker has sonnel, Department of Defense, transmit- tion, transmitting, pursuant to law, the re- signed the following enrolled bill: ting, pursuant to law, the report of the dis- port of a rule entitled ‘‘Update to Divided H.R. 3645. An act making emergency sup- continuation of service in the acting role of State Retirement Systems Coverage Group plemental appropriations to meet immediate Assistant Secretary of Defense (Networks, List and Technical Coverage Corrections Re- needs arising from the consequences of Hur- Information and Integration), received on quired by the Social Security Protection Act ricane Katrina, for the fiscal year ending July 28, 2005; to the Committee on Armed of 2004’’ (RIN0960–AG18) received on July 28, September 30, 2005, and for other purposes. Services. 2005; to the Committee on Finance. The enrolled bill was signed on Sep- EC–3328. A communication from the Assist- EC–3339. A communication from the Acting tember 6, 2005, during the adjournment ant Director, Executive and Political Per- Chief, Publications and Regulations Branch, of the Senate, by the Majority Leader sonnel, Department of Defense, transmit- Internal Revenue Service, Department of the ting, pursuant to law, the report of a nomi- Treasury, transmitting, pursuant to law, the (Mr. FRIST). nation for the position of Assistant Sec- report of a rule entitled ‘‘Interaction of Sec- f retary of Defense (Legislative Affairs), July tions 105 and 401 on Retiree Health Accounts EXECUTIVE AND OTHER 28, 2005; to the Committee on Armed Serv- in a Profit-Sharing Plan’’ (Rev. Rul. 2005–55) COMMUNICATIONS ices. received on July 28, 2005; to the Committee EC–3329. A communication from the Assist- on Finance. The following communications were ant Director, Executive and Political Per- EC–3340. A communication from the Acting laid before the Senate, together with sonnel, Department of Defense, transmit- Chief, Publications and Regulations Branch,

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9635 Internal Revenue Service, Department of the 9218) received on August 8, 2005; to the Com- ing Sea and Aleutian Islands Management Treasury, transmitting, pursuant to law, the mittee on Finance. Area; Closure’’ (I.D. No. 071205A) received on report of a rule entitled ‘‘Treatment of a EC–3350. A communication from the Acting July 28, 2005; to the Committee on Com- Stapled Foreign Corporation under Sections Chief, Publications and Regulations Branch, merce, Science, and Transportation. 269B and 367(b)’’ ((RIN1545–BD06)(TD 9216)) Internal Revenue Service, Department of the EC–3360. A communication from the Acting received on August 8, 2005; to the Committee Treasury, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Na- on Finance. report of a rule entitled ‘‘Automatic Consent tional Oceanic and Atmospheric Administra- EC–3341. A communication from the Regu- for an Eligible Educational Institution to tion, transmitting, pursuant to law, the re- lations Coordinator, Centers for Medicare Change Reporting Methods’’ (Rev. Proc. 2005– port of a rule entitled ‘‘Pacific Ocean Perch and Medicaid Services, Department of 50) received on August 8, 2005; to the Com- in the Western Regulatory Area of the Gulf Health and Human Services, transmitting, mittee on Finance. of Alaska; Closure’’ (I.D. No. 071505D) re- pursuant to law, the report of a rule entitled EC–3351. A communication from the Acting ceived on July 28, 2005; to the Committee on ‘‘Medicare Program; Prospective Payment Chief, Publications and Regulations Branch, Commerce, Science, and Transportation. System and Consolidated Billing for Skilled Internal Revenue Service, Department of the EC–3361. A communication from the Acting Nursing Facilities for Fiscal Year 2006’’ Treasury, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Na- (RIN0938–AN65) received on July 28, 2005; to report of a rule entitled ‘‘Section 601.204: tional Oceanic and Atmospheric Administra- the Committee on Finance. Changes in Accounting Periods and in Meth- tion, transmitting, pursuant to law, the re- EC–3342. A communication from the Regu- ods of Accounting’’ (Rev. Proc. 2005–47) re- port of a rule entitled ‘‘Pacific Ocean Perch lations Coordinator, Centers for Medicare ceived on August 8, 2005; to the Committee in the West Yakutat District of the Gulf of and Medicaid Services, Department of on Finance. Alaska’’ (I.D. No. 071505B) received on July Health and Human Services, transmitting, EC–3352. A communication from the Acting 28, 2005; to the Committee on Commerce, pursuant to law, the report of a rule entitled Chief, Publications and Regulations Branch, Science, and Transportation. ‘‘Medicare Program; Changes to the Hospital Internal Revenue Service, Department of the EC–3362. A communication from the Acting Inpatient Prospective Payment Systems and Treasury, transmitting, pursuant to law, the Director, Office of Sustainable Fisheries, Na- Fiscal Year 2006 Rates’’ (RIN0938–AN57) re- report of a rule entitled ‘‘Notice: Modifica- tional Oceanic and Atmospheric Administra- ceived on August 8, 2005; to the Committee tion of Notice 2005–4’’ (Notice 2005–62) re- tion, transmitting, pursuant to law, the re- on Finance. ceived on August 8, 2005; to the Committee port of a rule entitled ‘‘Pacific Ocean Perch EC–3343. A communication from the Regu- on Finance. in the Western Aleutian District of the Ber- lations Coordinator, Centers for Medicare EC–3353. A communication from the Acting ing Sea and Aleutian Islands Management and Medicaid Services, Department of Chief, Publications and Regulations Branch, Area; Closure’’ (I.D. No. 071805A) received on Health and Human Services, transmitting, Internal Revenue Service, Department of the July 28, 2005; to the Committee on Com- pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the merce, Science, and Transportation. ‘‘Medicare Program; Hospice Wage Index for report of a rule entitled ‘‘Section 613A Mar- EC–3363. A communication from the Acting Fiscal Year 2006’’ (RIN0938–AN89) received on ginal Production Rates’’ (Notice 2005–55) re- Director, Office of Sustainable Fisheries, Na- August 8, 2005; to the Committee on Finance. ceived on August 8, 2005; to the Committee tional Oceanic and Atmospheric Administra- EC–3344. A communication from the Regu- on Finance. tion, transmitting, pursuant to law, the re- lations Coordinator, Centers for Medicare EC–3354. A communication from the Acting port of a rule entitled ‘‘Pacific Ocean Perch and Medicaid Services, Department of Chief, Publications and Regulations Branch, in the Eastern Aleutian District of the Ber- Health and Human Services, transmitting, Internal Revenue Service, Department of the ing Sea and Aleutian Islands Management pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the Area’’ (I.D. No. 070805A) received on July 28, ‘‘Medicare Program; Inpatient Rehabilita- report of a rule entitled ‘‘Final and Tem- 2005; to the Committee on Commerce, tion Facility Prospective Payment System porary Regulations Regarding the Simplified Science, and Transportation. for Fiscal Year 2006’’ (RIN0938–AN43) re- Service Cost Method and the Simplified Pro- EC–3364. A communication from the Acting ceived on August 8, 2005; to the Committee duction Method’’ (T.D. 9217) received on Au- Director, Office of Sustainable Fisheries, Na- on Finance. gust 8, 2005; to the Committee on Finance. tional Oceanic and Atmospheric Administra- EC–3345. A communication from the Acting EC–3355. A communication from the Acting tion, transmitting, pursuant to law, the re- Chief, Publications and Regulations Branch, Chief, Publications and Regulations Branch, port of a rule entitled ‘‘Temporary Rule: Clo- Internal Revenue Service, Department of the Internal Revenue Service, Department of the sure of the Regular B Days-at-Sea (DAS) Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Pilot Program in the Georges Bank Cod report of a rule entitled ‘‘An Arrangement report of a rule entitled ‘‘Weighted Average Stock Area’’ (I.D. No. 071305B) received on for Tool Allowance Payments is not an Ac- Interest Rate Update—Pension Funding Eq- July 28, 2005; to the Committee on Com- countable Plan and Payments Made to Em- uity Act of 2004’’ (Notice 2005–63) received on merce, Science, and Transportation. ployees under the Arrangement are Wages, August 8, 2005; to the Committee on Finance. EC–3365. A communication from the Dep- Subject to Withholding and Payment of Em- EC–3356. A communication from the Acting uty Assistant Administrator for Regulatory ployment Taxes’’ (Rev. Rul. 2005–52) received Chief, Publications and Regulations Branch, Programs, Office of Sustainable Fisheries, on August 8, 2005; to the Committee on Fi- Internal Revenue Service, Department of the National Oceanic and Atmospheric Adminis- nance. Treasury, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the EC–3346. A communication from the Acting report of a rule entitled ‘‘Information is report of a rule entitled ‘‘Final Rule; Cor- Chief, Publications and Regulations Branch, Being Provided About Additional Criteria recting Amendment to 50 CFR 300.65 Clari- Internal Revenue Service, Department of the that Will be Applied in Selecting Proposals fying Regulations for the Subsistence Hal- Treasury, transmitting, pursuant to law, the for the Internal Revenue Service’s Industry ibut Program in Alaska’’ (RIN0648–AT44) re- report of a rule entitled ‘‘Section 1273—De- Issue Resolution Program Regarding Appli- ceived on July 28, 2005; to the Committee on termination of Amount of Original Issue Dis- cation of Accountable Plans in Specific In- Commerce, Science, and Transportation. count’’ (Rev. Rul. 2005–47) received on August dustries’’ (Notice 2005–59) received on August EC–3366. A communication from the Sec- 8, 2005; to the Committee on Finance. 8, 2005; to the Committee on Finance. retary of the Federal Trade Commission, EC–3347. A communication from the Acting EC–3357. A communication from the Acting transmitting, pursuant to law, the report of Chief, Publications and Regulations Branch, Chief, Publications and Regulations Branch, a rule entitled ‘‘16 CFR Part 460—Labeling Internal Revenue Service, Department of the Internal Revenue Service, Department of the and Advertising of Home Insulation [2005 Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Amendments]’’ (RIN3084–0109) received on report of a rule entitled ‘‘Interaction be- report of a rule entitled ‘‘Section 43 Inflation August 8 2005; to the Committee on Com- tween 83(b) and Securities Law’’ (Rev. Rul. Adjustment Factor’’ (Notice 2005–56) received merce, Science, and Transportation. 2005–48) received on August 8, 2005; to the on August 8, 2005; to the Committee on Fi- EC–3367. A communication from the Sec- Committee on Finance. nance. retary of the Federal Trade Commission, EC–3348. A communication from the Acting EC–3358. A communication from the Acting transmitting, pursuant to law, a report enti- Chief, Publications and Regulations Branch, Director, Office of Sustainable Fisheries, Na- tled ‘‘Annual Report 2005: Fair Debt Collec- Internal Revenue Service, Department of the tional Oceanic and Atmospheric Administra- tion Practices Act’’; to the Committee on Treasury, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. report of a rule entitled ‘‘Revenue Ruling port of a rule entitled ‘‘Pacific Ocean Perch EC–3368. A communication from the Attor- Regarding Simplified Service Cost Method in the Central Regulatory Area of the Gulf of ney Advisor, Research and Innovative Tech- and Simplified Production Method’’ (Rev. Alaska; Closure’’ (I.D. No. 071305A) received nology Administration, Department of Rul. 2005–53) received on August 8, 2005; to July 28, 2005; to the Committee on Com- Transportation, transmitting, pursuant to the Committee on Finance. merce, Science, and Transportation. law, the report of action on a nomination for EC–3349. A communication from the Acting EC–3359. A communication from the Acting the position of Administrator, received on Chief, Publications and Regulations Branch, Director, Office of Sustainable Fisheries, Na- July 28, 2005; to the Committee on Com- Internal Revenue Service, Department of the tional Oceanic and Atmospheric Administra- merce, Science, and Transportation. Treasury, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- EC–3369. A communication from the Legal report of a rule entitled ‘‘Exclusions from port of a rule entitled ‘‘Pacific Ocean Perch Advisor, Wireless Telecommunications Bu- Gross Income of Foreign Corporations’’ (TD in the Central Aleutian District of the Ber- reau, Federal Communications Commission,

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9636 CONGRESSIONAL RECORD — SENATE September 6, 2005 transmitting, pursuant to law, the report of Docket No. 04–328) received on July 28, 2005; Federal Communications Commission, trans- a rule entitled ‘‘In the Matter of Amendment to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule of Part I of the Competitive Rules—Competi- and Transportation. entitled ‘‘Amendment of Section 73.202(b), tive Procedures, WT Docket No. 97–82; FCC EC–3378. A communication from the Legal Table of Allotments, FM Broadcast Stations 04–295, Second Order on Reconsideration of Advisor to the Bureau Chief, Media Bureau, (Dallas, Oregon)’’ (MB Docket No. 04–124) re- the Fifth Report and Order’’ received on July Federal Communications Commission, trans- ceived on July 28, 2005; to the Committee on 28, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Science, and Transportation. entitled ‘‘Amendment of Section 73.202(b), EC–3387. A communication from the Legal EC–3370. A communication from the Legal Table of Allotments, FM Broadcast Stations Advisor to the Bureau Chief, Media Bureau, Advisor, Wireless Telecommunications Bu- (Colfax, Louisiana and Moody, Texas)’’ (MB Federal Communications Commission, trans- reau, Federal Communications Commission, Docket Nos. 05–117 and 05–119) received on mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of July 28, 2005; to the Committee on Com- entitled ‘‘Amendment of Section 73.202(b), a rule entitled ‘‘In the Matter of Amendment merce, Science, and Transportation. Table of Allotments, FM Broadcast Stations of Part I of the Commission’s Rules—Com- EC–3379. A communication from the Legal (Burlington and Cary, North Carolina)’’ (MB petitive Bidding Procedures, WT Docket No. Advisor to the Bureau Chief, Media Bureau, Docket No. 04–429) received on July 28, 2005; 97–82; FCC 03–98, Second Order on Reconsid- Federal Communications Commission, trans- to the Committee on Commerce, Science, eration of the Third Report and Order and mitting, pursuant to law, the report of a rule and Transportation. Order on Reconsideration of the Fifth Report entitled ‘‘Amendment of Section 73.202(b), EC–3388. A communication from the Legal and Order’’ received on July 28, 2005; to the Table of Allotments, FM Broadcast Stations Advisor to the Bureau Chief, Media Bureau, Committee on Commerce, Science, and (St. Albans and Grand Isle, Vermont and Federal Communications Commission, trans- Transportation. Tupper Lake, New York)’’ (MB Docket No. mitting, pursuant to law, the report of a rule EC–3371. A communication from the Legal 05–3) received on July 28, 2005; to the Com- entitled ‘‘Amendment of Section 73.622(b), Advisor to the Bureau Chief, Media Bureau, mittee on Commerce, Science, and Transpor- Table of Allotments, DTV Broadcast Sta- Federal Communications Commission, trans- tation. tions (Oklahoma City, OK)’’ (MB Docket No. mitting, pursuant to law, the report of a rule EC–3380. A communication from the Legal 00–104, RM–9812) received on July 28, 2005; to entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, the Committee on Commerce, Science, and Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- Transportation. (Islamorada, Marathon and Sugarloaf Key, mitting, pursuant to law, the report of a rule EC–3389. A communication from the Chief, Florida)’’ (MB Docket No. 05–107) received on entitled ‘‘Amendment of Section 73.202(b), Regulations and Administrative Law, United July 28, 2005; to the Committee on Com- Table of Allotments, FM Broadcast Stations States Coast Guard, Department of Home- merce, Science, and Transportation. (Pima, Arizona)’’ (MB Docket No. 04–82) re- land Security, transmitting, pursuant to EC–3372. A communication from the Legal ceived on July 28, 2005; to the Committee on law, the report of a rule entitled ‘‘Tank Advisor to the Bureau Chief, Media Bureau, Commerce, Science, and Transportation. Level or Pressure Monitoring Devices on Federal Communications Commission, trans- EC–3381. A communication from the Legal Single-Hull Tank Ships and Single-Hull mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, Tank Barges Carrying Oil or Oil Residue as entitled ‘‘Amendment of Section 73.202(b), Federal Communications Commission, trans- Cargo’’ (RIN1625–AA94) received on August 8, Table of Allotments, FM Broadcast Stations mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, (Roby and Anson, Texas)’’ (MB Docket No. entitled ‘‘Amendment of Section 73.202(b), Science, and Transportation. EC–3390. A communication from the Chief, 05–66) received on July 28, 2005; to the Com- Table of Allotments, FM Broadcast Stations Regulations and Administrative Law, United mittee on Commerce, Science, and Transpor- (Coosada, Livingston, and Rockford, Ala- States Coast Guard, Department of Home- tation. bama)’’ (MB Docket Nos. 05–82, 05–83, and 05– land Security, transmitting, pursuant to EC–3373. A communication from the Legal 84) received on July 28, 2005; to the Com- law, the report of a rule entitled ‘‘Safety Advisor to the Bureau Chief, Media Bureau, mittee on Commerce, Science, and Transpor- Zone Regulations (including 4 regulations): Federal Communications Commission, trans- tation. [CGD01–05–012], [CGD08–05–015], [CGD08–05– mitting, pursuant to law, the report of a rule EC–3382. A communication from the Legal 012], and [CGD08–05–019]’’ (RIN1625–AA00) re- entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, ceived on August 8, 2005; to the Committee Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- on Commerce, Science, and Transportation. (Baudette, MN; Fernley, NV; Pittsburg, OK; mitting, pursuant to law, the report of a rule EC–3391. A communication from the Chief, and Paducah, TX)’’ (MB Docket Nos. 04–403, entitled ‘‘Amendment of Section 73.202(b), Regulations and Administrative Law, United 04–349, 04–351, 04–342) received on July 28, Table of Allotments, FM Broadcast Stations States Coast Guard, Department of Home- 2005; to the Committee on Commerce, (Fruita and Hotchkiss, Colorado)’’ (MB land Security, transmitting, pursuant to Science, and Transportation. Docket No. 04–300) received on July 28, 2005; law, the report of a rule entitled ‘‘Security EC–3374. A communication from the Legal to the Committee on Commerce, Science, Zone; High Capacity Passenger Vessels in Advisor to the Bureau Chief, Media Bureau, and Transportation. the Seventeenth Coast Guard District’’ Federal Communications Commission, trans- EC–3383. A communication from the Legal (RIN1625–AA87) received on August 8, 2005; to mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, the Committee on Commerce, Science, and entitled ‘‘Amendment of Section 73.202(b), Federal Communications Commission, trans- Transportation. Table of Allotments, FM Broadcast Stations mitting, pursuant to law, the report of a rule EC–3392. A communication from the Chief, (Tipton, Oklahoma)’’ (MB Docket No. 05–128) entitled ‘‘Amendment of Section 73.202(b), Regulations and Administrative Law, United received on July 28, 2005; to the Committee Table of Allotments, FM Broadcast Stations States Coast Guard, Department of Home- on Commerce, Science, and Transportation. (Morganfield and Corydon, Kentucky)’’ (MB land Security, transmitting, pursuant to EC–3375. A communication from the Legal Docket No. 04–420) received on July 28, 2005; law, the report of a rule entitled ‘‘Draw- Advisor to the Bureau Chief, Media Bureau, to the Committee on Commerce, Science, bridge Operation Regulations; CSX Railroad, Federal Communications Commission, trans- and Transportation. Hillsborough River, mile 0.7. Tampa, FL’’ mitting, pursuant to law, the report of a rule EC–3384. A communication from the Legal (RIN1625–AA09) received on August 8, 2005; to entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, the Committee on Commerce, Science, and Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- Transportation. (Parker, Prescott Valley, Mayer, Miami, and mitting, pursuant to law, the report of a rule EC–3393. A communication from the Chief, Ajo, Arizona)’’ (MB Docket No. 04–203) re- entitled ‘‘Amendment of Section 73.202(b), Regulations and Administrative Law, United ceived on July 28, 2005; to the Committee on Table of Allotments, FM Broadcast Stations States Coast Guard, Department of Home- Commerce, Science, and Transportation. (Guntown and Booneville, Mississippi)’’ (MB land Security, transmitting, pursuant to EC–3376. A communication from the Legal Docket No. 05–80) received on July 28, 2005; to law, the report of a rule entitled ‘‘Safety Advisor to the Bureau Chief, Media Bureau, the Committee on Commerce, Science, and Zone Regulations (including 6 regulations): Federal Communications Commission, trans- Transportation. [CGD13–05–028], [COTP Jacksonville 05–092], mitting, pursuant to law, the report of a rule EC–3385. A communication from the Legal [CGD01–05–072], [CGD13–05–030], [CGD09–05– entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, 101], and [CGD09–05–100]’’ (RIN1625–AA00) re- Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- ceived on August 8, 2005; to the Committee (Jackson and Madison, Mississippi)’’ (MB mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. Docket No. 05–135) received on July 28, 2005; entitled ‘‘Amendment of Section 73.202(b), EC–3394. A communication from the Chief, to the Committee on Commerce, Science, Table of Allotments, FM Broadcast Stations Regulations and Administrative Law, United and Transportation. (Strong, Arkansas; Silver Springs, Nevada; States Coast Guard, Department of Home- EC–3377. A communication from the Legal Covington, Oklahoma; Spur, Texas; and land Security, transmitting, pursuant to Advisor to the Bureau Chief, Media Bureau, Poultney, Vermont)’’ (MB Docket Nos. 05– law, the report of a rule entitled ‘‘Special Federal Communications Commission, trans- 141, 05–76, 05–77, 05–87, and 05–78) received on Local Regulations for Marine Events; Mill mitting, pursuant to law, the report of a rule July 28, 2005; to the Committee on Com- Creek, Fort Monroe, Hampton, Virginia’’ entitled ‘‘Amendment of Section 73.202(b), merce, Science, and Transportation. (RIN1625–AA08) received on August 8, 2005; to Table of Allotments, FM Broadcast Stations EC–3386. A communication from the Legal the Committee on Commerce, Science, and (Americus and Oglethorpe, Georgia)’’ (MB Advisor to the Bureau Chief, Media Bureau, Transportation.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9637 EC–3395. A communication from the Chief, EC–3404. A communication from the Pro- EC–3412. A communication from the Pro- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- States Coast Guard, Department of Home- tion, Department of Transportation, trans- tion, Department of Transportation, trans- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Security entitled ‘‘Airworthiness Directives: Hartzell entitled ‘‘Airworthiness Directives: Bom- Zones; Charleston Harbor, Cooper River, SC’’ Propeller, Inc., McCauley Propeller Systems, bardier Model CL 600 2C10 Series Airplanes (RIN1625–AA87) received on August 8, 2005; to and Sensenich Propeller Manufacturing and Model CL 600 2D24 Series Airplanes’’ the Committee on Commerce, Science, and Company, Inc. Propellers’’ ((RIN2120– ((RIN2120–AA64)(2005–0345)) received on Au- Transportation. AA64)(2005–0332)) received on August 8 2005; gust 8, 2005; to the Committee on Commerce, EC–3396. A communication from the Pro- to the Committee on Commerce, Science, Science, and Transportation. gram Analyst, Federal Aviation Administra- and Transportation. EC–3413. A communication from the Pro- tion, Department of Transportation, trans- EC–3405. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Aircraft Assembly Placard Re- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule quirements; Final Rule, Notice of OMB Ap- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: BAE proval for Information Collection and Addi- entitled ‘‘Airworthiness Directives: Empresa Systems Limited BAe 146 and Avro 146–RJ tion of Amendment Numbers’’ (RIN2120– Brasileira de Aeronautica S.A. Model EMB Airplanes’’ ((RIN2120–AA64)(2005–0346)) re- ZZ75) received on August 8, 2005; to the Com- 135 and Model EMB 145, 145ER, 145MR, 145LR, ceived on August 8, 2005; to the Committee mittee on Commerce, Science, and Transpor- 145XR, 145MP, and 145EP Airplanes’’ on Commerce, Science, and Transportation. tation. ((RIN2120–AA64)(2005–0328)) received on Au- EC–3414. A communication from the Pro- EC–3397. A communication from the Pro- gust 8, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–3406. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: AvCraft entitled ‘‘Use of Certain Portable Oxygen tion, Department of Transportation, trans- Dornier Model 328–100 and –300 Airplanes’’ Concentrator Devices Onboard Aircraft’’ mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0347)) received on Au- (RIN2120–AI30) received on August 8, 2005; to entitled ‘‘Airworthiness Directives: Rock- gust 8, 2005 to the Committee on Commerce, the Committee on Commerce, Science, and well International Models AT 6 (SNJ 2), AT Science, and Transportation. Transportation. 6A (SNJ 3), AT 6B, AT 6C (SNJ 4), AT 6D EC–3415. A communication from the Pro- EC–3398. A communication from the Pro- (SNJ 5), AT 6F (SNJ 6), BC 1A (SNJ 7), and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- T 6G Airplanes; and Autair Ltd. Model Har- tion, Department of Transportation, trans- tion, Department of Transportation, trans- vard (Army AT 16) Airplanes; CORREC- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule TION’’ ((RIN2120–AA64)(2005–0326)) received entitled ‘‘Airworthiness Directives: AvCraft entitled ‘‘Stage 4 Aircraft Noise Standards’’ on August 8, 2005; to the Committee on Com- Dornier Model 328–100 and –300 Airplanes’’ (RIN2120–AH99) received on August 8, 2005; to merce, Science, and Transportation. ((RIN2120–AA64)(2005–0348)) received on Au- EC–3407. A communication from the Pro- the Committee on Commerce, Science, and gust 8, 2005 to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Transportation. Science, and Transportation. EC–3399. A communication from the Pro- tion, Department of Transportation, trans- EC–3416. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Hartzell tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Propeller Inc. Models HC–B3TN–2, HC–B3TN– mitting, pursuant to law, the report of a rule entitled ‘‘Reservation System for Unsched- 3, HC–B3TN–5, HC–B3MN–3, HC–B4TN–3, HC– entitled ‘‘Airworthiness Directives: Short uled Arrivals at Chicago’s O’Hare Inter- B4TN–5, HC–B4MN–5, HC–B4MP–3, HC–B4MP– Brothers Model SD3–60 Airplanes’’ ((RIN2120– 5, and HC–B5MP–3 Propellers’’ ((RIN2120– national Airport’’ (RIN2120–AI47) received on AA64)(2005–0349)) received on August 8, 2005; AA64)(2005–0360)) received on August 8, 2005; August 8, 2005; to the Committee on Com- to the Committee on Commerce, Science, to the Committee on Commerce, Science, merce, Science, and Transportation. and Transportation. EC–3400. A communication from the Pro- and Transportation. EC–3417. A communication from the Pro- EC–3408. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Implementing the Maintenance entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: Airbus Provisions of Bilateral Agreements’’ Model 777–200 and –300 Series Airplanes’’ Model A300 B2 and B4 Series Airplanes; (RIN2120–AI19) received on August 8, 2005; to Model A300 B4 600, B4 600R, and F4 600R Se- ((RIN2120–AA64)(2005–0350)) received on Au- the Committee on Commerce, Science, and ries Airplanes; and Model C4 605R Variant F gust 8, 2005 to the Committee on Commerce, Transportation. Airplanes; and Model A310 200 and 300 Series Science, and Transportation. EC–3401. A communication from the Attor- EC–3418. A communication from the Pro- Airplanes’’ ((RIN2120–AA64)(2005–0358)) re- ney, Pipeline and Hazardous Materials Safe- gram Analyst, Federal Aviation Administra- ceived on August 8, 2005; to the Committee ty Administration, Department of Transpor- tion, Department of Transportation, trans- on Commerce, Science and Transportation. tation, transmitting, pursuant to law, the re- EC–3409. A communication from the Pro- mitting, pursuant to law, the report of a rule port of a rule entitled, ‘‘Applicability of the gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: BAE Hazardous Materials Regulations to a ‘Per- tion, Department of Transportation, trans- Systems Limited Model BAe 146 and Avro son Who Offers’ a Hazardous Material for mitting, pursuant to law, the report of a rule 146–RJ Series Airplanes’’ ((RIN2120– Transportation in Commerce’’ (RIN2137– entitled ‘‘Airworthiness Directives: Air Trac- AA64)(2005–0351)) received on August 8, 2005; AE04) received on August 8, 2005; to the Com- tor Inc. Models AT 300, AT 301 AT 302, AT to the Committee on Commerce, Science and mittee on Commerce, Science, and Transpor- 400, AT 400A, AT 401, AT–402, AT 602, AT 802, Transportation. tation. and AT 802A Airplanes’’ ((RIN2120– EC–3419. A communication from the Pro- EC–3402. A communication from the Pro- AA64)(2005–0339)) received on August 8, 2005; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, tion, Department of Transportation, trans- tion, Department of Transportation, trans- and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–3410. A communication from the Pro- entitled ‘‘Airworthiness Directives: McDon- entitled ‘‘Final Rule: Fuel Tank Safety Com- gram Analyst, Federal Aviation Administra- nell Douglas Model DC–9–10 Series Airplanes; pliance Extension and Aging Airplane Pro- tion, Department of Transportation, trans- Model DC–9–20 Series Airplanes; Model DC–9– gram Update (disposition of comments)’’ mitting, pursuant to law, the report of a rule 30 Series Airplanes; Model DC–9–40 Series ((RIN2120–AI20) (2005–0001)) received on Au- entitled ‘‘Airworthiness Directives: Honey- Airplanes; Model DC–9–50 Series Airplanes; gust 8, 2005; to the Committee on Commerce, well International Inc. TFE731–2 and –3 Se- Model DC–9–81, DC–9–82, DC–9–83, and DC–9–87 Science, and Transportation. ries Turbofan Engines’’ ((RIN2120– Airplanes and Model MD–88 Airplanes’’ EC–3403. A communication from the Pro- AA64)(2005–0343)) received on August 8, 2005; ((RIN2120–AA64)(2005–0352)) received on Au- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science and gust 8, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- Transportation. Science, and Transportation. mitting, pursuant to law, the report of a rule EC–3411. A communication from the Pro- EC–3420. A communication from the Pro- entitled ‘‘Airworthiness Directives: McDon- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- nell Douglas Model DC–10–10 and DC–10–10F tion, Department of Transportation, trans- tion, Department of Transportation, trans- Airplanes; Model DC–10–15 Airplanes; Model mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule DC–10–30 and DC–10–30F (KC–10A and KDC–10) entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: Fokker Airplanes; and Model DC–10–40 and DC–10–40F Model 747–400F Series Airplanes’’ ((RIN2120– Model F.28 Mark 1000, 2000, 3000, and 4000 Air- Airplanes’’ ((RIN2120–AA64)(2005–0331)) re- AA64)(2005–0344)) received on August 8, 2005 planes’’ ((RIN2120–AA64)(2005–0353)) received ceived on August 8, 2005; to the Committee to the Committee on Commerce, Science, on August 8, 2005; to the Committee on Com- on Commerce, Science, and Transportation. and Transportation. merce, Science, and Transportation.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9638 CONGRESSIONAL RECORD — SENATE September 6, 2005 EC–3421. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing nell Douglas Model MD 90–30 Airplanes’’ gram Analyst, Federal Aviation Administra- Model 777–200 and 300 Series Airplanes’’ ((RIN2120–AA64)(2005–0335)) received on Au- tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0365)) received on Au- gust 8, 2005 to the Committee on Commerce, mitting, pursuant to law, the report of a rule gust 8, 2005 to the Committee on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing Science, and Transportation. EC–3440. A communication from the Pro- Model 737–300, 400, and 500 Series Airplanes’’ EC–3431. A communication from the Pro- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0354)) received on Au- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gust 8, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus EC–3422. A communication from the Pro- entitled ‘‘Airworthiness Directives: Airbus Model A319, A320, and A321 Series Airplanes’’ gram Analyst, Federal Aviation Administra- Model A300 B2–203 and B4–203 Airplanes; ((RIN2120–AA64)(2005–0336)) received on Au- tion, Department of Transportation, trans- Model A310–200 and 300 Series Airplanes; and gust 8, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Model A300 B4–600, B4–600R, and F4–600R Se- Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing ries Airplanes, and Model A300 C4–605R Vari- EC–3441. A communication from the Pro- Model 777–200 and 300 Series Airplanes’’ ant F Airplanes’’ ((RIN2120–AA64)(2005–0366)) gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0355)) received on Au- received on August 8, 2005; to the Committee tion, Department of Transportation, trans- gust 8, 2005 to the Committee on Commerce, on Commerce, Science and Transportation. mitting, pursuant to law, the report of a rule Science, and Transportation. EC–3432. A communication from the Pro- entitled ‘‘Airworthiness Directives: Cessna EC–3423. A communication from the Pro- gram Analyst, Federal Aviation Administra- Model 650 Airplanes’’ ((RIN2120–AA64)(2005– gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 0338)) received on August 8, 2005; to the Com- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Empresa tation. entitled ‘‘Airworthiness Directives: Boeing Brasileira de Aeronautica S.A. Model EMB EC–3442. A communication from the Pro- Model 777–200 and 300 Series Airplanes’’ 145 and EMB 135 Series Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0356)) received on Au- AA64)(2005–0367)) received on August 8, 2005; tion, Department of Transportation, trans- gust 8, 2005 to the Committee on Commerce, to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule Science, and Transportation. and Transportation. entitled ‘‘Airworthiness Directives: The New EC–3424. A communication from the Pro- EC–3433. A communication from the Pro- Piper Aircraft, Inc. PA 34, Series Airplanes’’ gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0340)) received on Au- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gust 8, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: Rolls EC–3443. A communication from the Pro- Model 737–100, 200, and 200C Series Airplanes’’ Royce plc Models RB211 Trent 768–60, Trent gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0357)) received on Au- 772–60, and Trent 772B–60 Turbofan Engines’’ tion, Department of Transportation, trans- gust 8, 2005; to the Committee on Commerce, ((RIN2120–AA64)(2005–0325)) received on Au- mitting, pursuant to law, the report of a rule Science, and Transportation. gust 8, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Cessna EC–3425. A communication from the Pro- Science, and Transportation. Aircraft Company Models 172R, 172S, 182T, gram Analyst, Federal Aviation Administra- EC–3434. A communication from the Pro- T182T, 206H, and T206H Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA64)(2005–0341)) received on August 8, 2005; mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives: Airbus mitting, pursuant to law, the report of a rule and Transportation. Model A300 B2 and B4 Series Airplanes’’ entitled ‘‘Airworthiness Directives: Boeing EC–3444. A communication from the Pro- ((RIN2120–AA64)(2005–0359)) received on Au- Model 747 Airplanes’’ ((RIN2120–AA64)(2005– gram Analyst, Federal Aviation Administra- gust 8, 2005 to the Committee on Commerce, 0327)) received on August 8, 2005; to the Com- tion, Department of Transportation, trans- Science, and Transportation. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule EC–3426. A communication from the Pro- tation. entitled ‘‘Airworthiness Directives: Boeing gram Analyst, Federal Aviation Administra- EC–3435. A communication from the Pro- Model 747–400, 400D, 400F; 767–200, 300, 300F; tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- and 777–200 and 300 Series Airplanes’’ mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0337)) received on Au- entitled ‘‘Airworthiness Directives: Airbus mitting, pursuant to law, the report of a rule gust 8, 2005; to the Committee on Commerce, Model A321–100 and 200 Series Airplanes’’ entitled ‘‘Airworthiness Directives: Boeing Science, and Transportation. ((RIN2120–AA64)(2005–0361)) received on Au- Model 777–200 and 300 Series Airplanes’’ EC–3445. A communication from the Pro- gust 8, 2005 to the Committee on Commerce, ((RIN2120–AA64)(2005–0329)) received on Au- gram Analyst, Federal Aviation Administra- Science, and Transportation. gust 8, 2005 to the Committee on Commerce, tion, Department of Transportation, trans- EC–3427. A communication from the Pro- Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–3436. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Systems Limited Model 4101 Airplanes’’ mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0342)) received on Au- entitled ‘‘Airworthiness Directives: Learjet mitting, pursuant to law, the report of a rule gust 8, 2005 to the Committee on Commerce, Model 23, 24, 24A, 24B, 24B–A, 24C, 24D, 24D– entitled ‘‘Airworthiness Directives: Boeing Science, and Transportation. A, 24E, 24F, 24F–A, 25, 25A, 25B, 25C, 25D, 25F, Model 707–300B, 300C, and 400 Series Air- EC–3446. A communication from the Direc- 28 29, 31, 31A, 35, 35A, and 36 Airplanes’’ planes’’ ((RIN2120–AA64)(2005–0330)) received tor, Court Services and Offender Supervision ((RIN2120–AA64)(2005–0362)) received on Au- on August 8, 2005; to the Committee on Com- Agency for the District of Columbia, trans- gust 8, 2005; to the Committee on Commerce, merce, Science, and Transportation. mitting, the report of proposed legislation Science, and Transportation. EC–3437. A communication from the Pro- entitled ‘‘Court Services and Offender Super- EC–3428. A communication from the Pro- gram Analyst, Federal Aviation Administra- vision Agency Volunteer Authority Act of gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 2005’’; to the Committee on Homeland Secu- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule rity and Governmental Affairs. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: AvCraft EC–3447. A communication from the Assist- entitled ‘‘Airworthiness Directives: Bom- Dornier Model 328–100 Airplanes’’ ((RIN2120– ant Chief Counsel for Regulations, Transpor- bardier Model DHC–8–100, DHC–8–200, and AA64)(2005–0333)) received on August 8, 2005 tation Security Administration, Department DHC–8–300 Series Airplanes’’ ((RIN2120– to the Committee on Commerce, Science, of Homeland Security, transmitting, pursu- AA64)(2005–0363)) received on August 8, 2005; and Transportation. ant to law, the report of a rule entitled to the Committee on Commerce, Science and EC–3438. A communication from the Pro- ‘‘Ronald Reagan Washington National Air- Transportation. gram Analyst, Federal Aviation Administra- port: Enhanced Security Procedures for Cer- EC–3429. A communication from the Pro- tion, Department of Transportation, trans- tain Operations’’ received on August 8, 2005; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule to the Committee on Homeland Security and tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing Governmental Affairs. mitting, pursuant to law, the report of a rule Model 737–200, 200C, 300, 400, 500, 600, 700, 700C, EC–3448. A communication from the Chair- entitled ‘‘Airworthiness Directives: Fokker 800, and 900 Series Airplanes’’ ((RIN2120– man of the Council of the District of Colum- Model F.28 Mark 0070 and 0100 Airplanes’’ AA64)(2005–0334)) received on August 8, 2005; bia, transmitting, pursuant to law, a report ((RIN2120–AA64)(2005–0364)) received on Au- to the Committee on Commerce, Science, on D.C. Act 16–151, ‘‘Mechanic’s Lien Amend- gust 8, 2005 to the Committee on Commerce, and Transportation. ment Act of 2005’’ received on August 1, 2005; Science, and Transportation. EC–3439. A communication from the Pro- to the Committee on Homeland Security and EC–3430. A communication from the Pro- gram Analyst, Federal Aviation Administra- Governmental Affairs. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–3449. A communication from the Chair- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule man of the Council of the District of Colum- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9639 on D.C. Act 16–152, ‘‘Mayor’s Youth Leader- EC–3459. A communication from the Acting EC–3468. A communication from the Prin- ship Institute Act of 2005’’ received on Au- Assistant Secretary for Fish and Wildlife and cipal Deputy Associate Administrator, Office gust 1, 2005; to the Committee on Homeland Parks, Office of the Secretary, Department of Policy, Economics, and Innovation, Envi- Security and Governmental Affairs. of the Interior, transmitting, the report of a ronmental Protection Agency, transmitting, EC–3450. A communication from the Chair- draft bill entitled ‘‘Natural Resource Protec- pursuant to law, the report of a rule entitled man of the Council of the District of Colum- tion Cooperative Agreement Act’’ received ‘‘Revisions to the State of Hawaii State Im- bia, transmitting, pursuant to law, a report on August 8, 2005; to the Committee on En- plementation Plan, Update to Materials In- on D.C. Act 16–153, ‘‘Exploratory Committee ergy and Natural Resources. corporated by Reference’’ (FRL No. 7946–7) Disclosure Informational Report and Con- EC–3460. A communication from the Acting received August 8, 2005; to the Committee on tribution Prohibition Temporary Amend- Assistant Secretary for Fish and Wildlife and Environment and Public Works. ment Act of 2005’’ received on August 1, 2005; Parks, Office of the Secretary, Department EC–3469. A communication from the Prin- to the Committee on Homeland Security and of the Interior, transmitting, the report of a cipal Deputy Associate Administrator, Office Governmental Affairs. draft bill relative to clarifying the authori- of Policy, Economics, and Innovation, Envi- EC–3451. A communication from the Chair- ties for the use of certain National Park ronmental Protection Agency, transmitting, man of the Council of the District of Colum- Service properties within Golden Gate Na- pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report tional Recreation Area and San Francisco ‘‘Hazardous Waste Management System; on D.C. Act 16–166, ‘‘Fiscal Year 2006 Budget Maritime National Historic Park, and for Modification of the Hazardous Waste Pro- Support Act of 2005’’ received on August 1, other purposes, received on August 8, 2005 to gram; Mercury Containing Equipment’’ (FRL 2005; to the Committee on Homeland Secu- the Committee on Energy and Natural Re- No. 7948–1) received August 8, 2005; to the rity and Governmental Affairs. sources. Committee on Environment and Public EC–3452. A communication from the Dep- EC–3461. A communication from the Chief Works. uty Secretary, Department of Labor, trans- Human Capital Officer/Director, Office of EC–3470. A communication from the Prin- mitting, the report of a proposed bill entitled Human Capital Management, Department of cipal Deputy Associate Administrator, Office ‘‘Child Labor Protection Act of 2005’’; to the Energy, transmitting, pursuant to law, the of Policy, Economics, and Innovation, Envi- Committee on Health, Education, Labor, and report of a vacancy and the designation of an ronmental Protection Agency, transmitting, Pensions. acting officer for the position of Assistant pursuant to law, the report of a rule entitled EC–3453. A communication from the Secretary, Energy Efficiency and Renewable ‘‘Revisions to the Commonwealth of the Human Resources Specialist, Office of the Energy, received on July 28, 2005; to the Northern Mariana Islands State Implementa- Assistant Secretary for Administration and Committee on Energy and Natural Re- tion Plan, Update to Materials Incorporated Management, Department of Labor, trans- sources. by Reference’’ (FRL No. 7938–6) received Au- EC–3462. A communication from the Gen- mitting, pursuant to law, the report of a va- gust 8, 2005; to the Committee on Environ- eral Counsel, Federal Energy Regulatory cancy, the designation of an acting officer, ment and Public Works. and a nomination for the position of Assist- Commission, transmitting, pursuant to law, EC–3471. A communication from the Prin- ant Secretary for Veterans Employment and the report of a rule entitled ‘‘Standardiza- cipal Deputy Associate Administrator, Office Training, received on July 28, 2005; to the tion of Small Generator Interconnection of Policy, Economics, and Innovation, Envi- Committee on Health, Education, Labor, and Agreements and Procedures’’ (Docket No. ronmental Protection Agency, transmitting, Pensions. RM02–12–000) received on July 28, 2005; to the pursuant to law, the report of a rule entitled EC–3454. A communication from the Committee on Energy and Natural Re- ‘‘National Emission Standards for Hazardous sources. Human Resources Specialist, Office of the Air Pollutants: Cellulose Products Manufac- EC–3463. A communication from the Assist- Assistant Secretary for Administration and turing’’ ((RIN2060–AL91) (FRL No. 7948–5)) re- ant Secretary of the Army (Civil Works), De- Management, Department of Labor, trans- ceived August 8, 2005; to the Committee on mitting, pursuant to law, the report of the partment of Defense, transmitting, pursuant to law, a report relative to the navigation Environment and Public Works. discontinuation of service in the acting role EC–3472. A communication from the Prin- study for Jacksonville Harbor; to the Com- for the position of Assistant Secretary for cipal Deputy Associate Administrator, Office mittee on Environment and Public Works. Mine Safety and Health, received on July 28, EC–3464. A communication from the Prin- of Policy, Economics, and Innovation, Envi- 2005; to the Committee on Health, Education, cipal Deputy Associate Administrator, Office ronmental Protection Agency, transmitting, Labor, and Pensions. of Policy, Economics, and Innovation, Envi- pursuant to law, the report of a rule entitled EC–3455. A communication from the Assist- ronmental Protection Agency, transmitting, ‘‘Approval and Promulgation of Air Quality ant General Counsel for Regulations, Office pursuant to law, the report of a rule entitled Implementation Plans; Oregon; Correcting of the General Counsel, Department of Edu- ‘‘Clean Air Act Approval and Promulgation Amendment’’ (FRL No. 7944–1) received Au- cation, transmitting, pursuant to law, the of Air Quality Implementation Plan Revi- gust 8, 2005; to the Committee on Environ- report of a rule entitled ‘‘Training of Inter- sion for Colorado; Long-Term Strategy of ment and Public Works. preters for Individuals Who Are Deaf or Hard State Implementation Plan for Class I Visi- EC–3473. A communication from the Prin- of Hearing and Individuals Who Are Deaf- bility Protection’’ (FRL No. 7937–1) received cipal Deputy Associate Administrator, Office Blind’’ (RIN1820–ZA39) received on July 28, July 28, 2005; to the Committee on Environ- of Policy, Economics, and Innovation, Envi- 2005; to the Committee on Health, Education, ment and Public Works. ronmental Protection Agency, transmitting, Labor, and Pensions. EC–3465. A communication from the Prin- pursuant to law, the report of a rule entitled EC–3456. A communication from the Dep- cipal Deputy Associate Administrator, Office ‘‘Approval and Promulgation of Air Quality uty Executive Director, Pension Benefit of Policy, Economics, and Innovation, Envi- Implementation Plans; Texas; Vehicle In- Guaranty Corporation, transmitting, pursu- ronmental Protection Agency, transmitting, spection and Maintenance Program for Trav- ant to law, the report of a rule entitled pursuant to law, the report of a rule entitled is and Williamson Counties’’ (FRL No. 7948– ‘‘Benefits Payable in Terminated Single-Em- ‘‘Approval and Promulgation of Air Quality 7) received August 8, 2005; to the Committee ployer Plans; Allocation of Assets in Single- Implementation Plans; State of Utah; Salt on Environment and Public Works. Employer Plans; Interest Assumptions for Lake City Revised Carbon Monoxide Mainte- EC–3474. A communication from the Prin- Valuing and Paying Benefits’’ (29 CFR Parts nance Plan and Approval of Related Revi- cipal Deputy Associate Administrator, Office 4022 and 4044) received on July 28 2005; to the sions’’ (FRL No. 7939–8) received July 28, of Policy, Economics, and Innovation, Envi- Committee on Health, Education, Labor, and 2005; to the Committee on Environment and ronmental Protection Agency, transmitting, Pensions. Public Works. pursuant to law, the report of a rule entitled EC–3457. A communication from the Direc- EC–3466. A communication from the Prin- ‘‘Approval and Promulgation of Implementa- tor, Regulations Policy and Management cipal Deputy Associate Administrator, Office tion Plans; Washington’’ (FRL No. 7944–4) re- Staff, Food and Drug Administration, De- of Policy, Economics, and Innovation, Envi- ceived August 8, 2005; to the Committee on partment of Health and Human Services, ronmental Protection Agency, transmitting, Environment and Public Works. transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled EC–3475. A communication from the Prin- a rule entitled ‘‘Change of Address; Tech- ‘‘Identification of Ozone Areas for Which the cipal Deputy Associate Administrator, Office nical Amendment’’ received on July 28, 2005; 1-Hour Standard Has Been Revoked and of Policy, Economics, and Innovation, Envi- to the Committee on Health, Education, Technical Correction to Phase 1 Rule’’ (FRL ronmental Protection Agency, transmitting, Labor, and Pensions. No. 7947–4) received July 28, 2005; to the Com- pursuant to law, the report of a rule entitled EC–3458. A communication from the Direc- mittee on Environment and Public Works. ‘‘Clean Air Act Approval and Promulgation tor, Regulations Policy and Management EC–3467. A communication from the Prin- of Air Quality Implementation Plan Revi- Staff, Food and Drug Administration, De- cipal Deputy Associate Administrator, Office sion for North Dakota; Revisions to the Air partment of Health and Human Services, of Policy, Economics, and Innovation, Envi- Pollution Control Rules’’ (FRL No. 7942–2) transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, received August 8, 2005; to the Committee on a rule entitled ‘‘Listing of Color Additives pursuant to law, the report of a rule entitled Environment and Public Works. Exempt from Certification; Mica-Based ‘‘National Emission Standards for Hazardous EC–3476. A communication from the Prin- Pearlescent Pigments’’ (Docket No. 1998C– Air Pollutants for Coke Ovens: Pushing, cipal Deputy Associate Administrator, Office 0431) received on August 8, 2005; to the Com- Quenching, and Battery Stacks’’ (FRL No. of Policy, Economics, and Innovation, Envi- mittee on Health, Education, Labor, and 7847–3) received July 28, 2005; to the Com- ronmental Protection Agency, transmitting, Pensions. mittee on Environment and Public Works. pursuant to law, the report of a rule entitled

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9640 CONGRESSIONAL RECORD — SENATE September 6, 2005 ‘‘Alachlor, Carbaryl, Diazinon, Disulfoton, sponse, Federal Emergency Management $50,000,000 or more to Iraq; to the Committee Pirimiphos-methyl, and Vinclozolin; Toler- Agency, transmitting, pursuant to law, a re- on Foreign Relations. ance Revocations’’ (FRL No. 7725–6) received port that funding for the State of Rhode Is- EC–3497. A communication from the Acting August 8, 2005; to the Committee on Agri- land as a result of the record snow on Janu- Assistant Secretary for Legislative Affairs, culture, Nutrition, and Forestry. ary 22–23, 2005, has exceeded $5,000,000; to the Department of State, transmitting, pursuant EC–3477. A communication from the Prin- Committee on Banking, Housing, and Urban to the Arms Export Control Act, the certifi- cipal Deputy Associate Administrator, Office Affairs. cation of a proposed license for the export of of Policy, Economics, and Innovation, Envi- EC–3488. A communication from the Regu- major defense equipment and defense arti- ronmental Protection Agency, transmitting, latory Specialist, Office of the Comptroller cles in the amount of $100,000,000 or more to pursuant to law, the report of a rule entitled of the Currency, Department of the Treas- Japan; to the Committee on Foreign Rela- ‘‘Topramezone; Pesticide Tolerances’’ (FRL ury, transmitting, pursuant to law, the re- tions. No. 7726–9) received August 8, 2005; to the port of a rule entitled ‘‘Community Rein- EC–3498. A communication from the Acting Committee on Agriculture, Nutrition, and vestment Act Regulations (Part 25)’’ Assistant Secretary for Legislative Affairs, Forestry. (RIN1557–AB98) received on August 8, 2005; to Department of State, transmitting, pursuant EC–3478. A communication from the Prin- the Committee on Banking, Housing, and to the Arms Export Control Act, the certifi- cipal Deputy Associate Administrator, Office Urban Affairs. cation of a proposed license for the export of of Policy, Economics, and Innovation, Envi- EC–3489. A communication from the Coun- defense articles or defense services sold com- ronmental Protection Agency, transmitting, sel for Legislation and Regulations, Office of mercially under contract in the amount of pursuant to law, the report of a rule entitled Housing, Department of Housing and Urban $50,000,000 or more to Russia, Ukraine, and ‘‘Inert Ingredients; Revocation of Pesticide Development, transmitting, pursuant to law, Norway (and Korea and France pertaining to Tolerance Exemptions for Three CFC Chemi- the report of a rule entitled ‘‘Multifamily Koreasat V); to the Committee on Foreign cals’’ (FRL No. 7728–5) received August 8, Accelerated Processing (MAP): MAP Lender Relations. 2005; to the Committee on Agriculture, Nu- Quality Assurance Enforcement’’ ((RIN2502– EC–3499. A communication from the Acting trition, and Forestry. AI01) (FR–4836–F–02)) received on August 8, Assistant Secretary for Legislative Affairs, EC–3479. A communication from the Prin- 2005; to the Committee on Banking, Housing, Department of State, transmitting, pursuant cipal Deputy Associate Administrator, Office and Urban Affairs. to the Arms Export Control Act, the certifi- of Policy, Economics, and Innovation, Envi- EC–3490. A communication from the Assist- cation of a proposed license for the export of ronmental Protection Agency, transmitting, ant to the Board, Board of Governors, Fed- defense articles or defense services sold com- pursuant to law, the report of a rule entitled eral Reserve System, transmitting, pursuant mercially under contract in the amount of ‘‘Tebuconazole; Pesticide Tolerances for to law, the report of a rule entitled ‘‘Joint $50,000,000 or more to Russia and Emergency Exemptions’’ (FRL No. 7727–5) re- Final Rule Amending Community Reinvest- Kazakhstan; to the Committee on Foreign ceived August 8, 2005; to the Committee on ment Act Regulations’’ (Docket No. 1225) re- Relations. Agriculture, Nutrition, and Forestry. ceived on August 1, 2005; to the Committee EC–3500. A communication from the Acting EC–3480. A communication from the Prin- on Banking, Housing, and Urban Affairs. Assistant Secretary for Legislative Affairs, cipal Deputy Associate Administrator, Office EC–3491. A communication from the Execu- Department of State, transmitting, pursuant of Policy, Economics, and Innovation, Envi- tive Secretary and Chief of Staff, U.S. Agen- to the Arms Export Control Act, the certifi- ronmental Protection Agency, transmitting, cy for International Development, transmit- cation of a proposed license for the export of pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a nomi- defense articles or defense services sold com- ‘‘Acetic Acid; Exemption from the Require- nation for the position of Assistant Adminis- mercially under contract in the amount of ment of a Tolerance’’ (FRL No. 7717–2) re- trator, Bureau for Global Health and a con- $100,000,000 or more to Sea Launch Company, ceived August 8, 2005; to the Committee on firmation for the position of Assistant Ad- LLC and the Boeing Company to the Com- Agriculture, Nutrition, and Forestry. ministrator for the Bureau for Democracy, mittee on Foreign Relations. EC–3481. A communication from the Con- Conflict and Humanitarian Assistance, re- EC–3501. A communication from the Assist- gressional Review Coordinator, Animal and ceived on July 28, 2005; to the Committee on ant Administrator, Office of Administration Plant Health Inspection Service, Department Foreign Relations. and Resources Management, Environmental of Agriculture, transmitting, pursuant to EC–3492. A communication from the Assist- Protection Agency, transmitting, pursuant law, the report of a rule entitled ‘‘Tuber- ant Legal Adviser for Treaty Affairs, Depart- to law, the report of a nomination and a culosis in Cattle and Bison; State and Zone ment of State, transmitting, pursuant to the change in previously submitted reported in- Designations; California’’ (APHIS Docket Case-Zablocki Act, 1 U.S.C. 112b, as amended, formation for the position of Assistant Ad- No. 05–010–2) received on August 1, 2005; to the report of the texts and background state- ministrator for Solid Waste and Emergency the Committee on Agriculture, Nutrition, ments of international agreements other Response and the report of a nomination and and Forestry. than treaties (List 05–168—05–186); to the a change in previously submitted reported EC–3482. A communication from the Sec- Committee on Foreign Relations. information for the position of Assistant Ad- retary, Department of Agriculture, transmit- EC–3493. A communication from the Acting ministrator for Enforcement and Compliance ting, the report of draft legislation relative Assistant Secretary for Legislative Affairs, Assurance, received on August 17, 2005; to the to establishing a program to revitalize rural Department of State, transmitting, pursuant Committee on Environment and Public multi-family housing; to the Committee on to the Arms Export Control Act, the certifi- Works. Agriculture, Nutrition, and Forestry. cation of a proposed manufacturing license EC–3502. A communication from the Dep- EC–3483. A communication from the Sec- agreement for the manufacture of significant uty Associate Administrator for Congres- retary, Department of Agriculture, transmit- military equipment abroad and the export of sional Relations, Environmental Protection ting, the report of draft legislation entitled defense articles or defense services in the Agency, transmitting, the report of draft ‘‘Forest Service Partnership Enhancement amount of $100,000,000 or more to the United legislation entitled ‘‘Amendment to Federal Act’’; to the Committee on Agriculture, Nu- Kingdom and Canada; to the Committee on Insecticide, Fungicide and Rodenticide Act trition, and Forestry. Foreign Relations. to Authorize Registration Fee Collection’’ EC–3484. A communication from the Acting EC–3494. A communication from the Acting and ‘‘Amendment to Toxic Substances Con- Assistant Secretary, Legislative Affairs, De- Assistant Secretary for Legislative Affairs, trol Act’’; to the Committee on Environment partment of State, transmitting, pursuant to Department of State, transmitting, pursuant and Public Works. law, the quarterly report of obligations and to the Arms Export Control Act, a certifi- EC–3503. A communication from the Direc- outlays of fiscal years 2004 and 2005 funds cation regarding the proposed transfer of tor, Fish and Wildlife Service, Department of under the Emergency Plan for AIDS Relief major defense equipment valued at $14,000,000 the Interior, transmitting, pursuant to law, through March 31, 2005; to the Committee on or more from Saudi Arabia to Mexico; to the the report of a rule entitled ‘‘Endangered Appropriations. Committee on Foreign Relations. and Threatened Wildlife and Plants; Final EC–3485. A communication from the Assist- EC–3495. A communication from the Acting Rule to Remove Helianthus eggertii ant Secretary, Policy Management and Assistant Secretary for Legislative Affairs, (Eggert’s sunflower) from the Federal List of Budget, Office of Financial Management, De- Department of State, transmitting, pursuant Endangered and Threatened Plants’’ partment of the Interior, transmitting, pur- to the Arms Export Control Act, the certifi- (RIN1018–AJ08) received on August 17, 2005; suant to law, the report of a rule entitled cation of a proposed manufacturing license to the Committee on Environment and Pub- ‘‘Administrative Wage Garnishment’’ agreement for the manufacture of significant lic Works. (RIN1090–AA93) received on July 28, 2005; to military equipment abroad in the amount of EC–3504. A communication from the Acting the Committee on the Judiciary. $39,000,000 to Japan; to the Committee on Assistant Secretary, Fish and Wildlife Serv- EC–3486. A communication from the Presi- Foreign Relations. ice, Department of the Interior, transmit- dent of the United States of America, trans- EC–3496. A communication from the Acting ting, pursuant to law, the report of a rule en- mitting, pursuant to law, a report relative to Assistant Secretary for Legislative Affairs, titled ‘‘Endangered and Threatened Wildlife the Export Administration Act of 1979, as Department of State, transmitting, pursuant and Plants; Designation of Critical Habitat amended; to the Committee on Banking, to the Arms Export Control Act, the certifi- for the California Tiger Salamander, Central Housing, and Urban Affairs. cation of a proposed license for the export of Population; Final Rule’’ (RIN1018–AT68) re- EC–3487. A communication from the Under defense articles or defense services sold com- ceived on August 17, 2005; to the Committee Secretary, Emergency Preparedness and Re- mercially under contract in the amount of on Environment and Public Works.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9641 EC–3505. A communication from the Assist- sion Control, Department of Justice trans- EC–3525. A communication from the Senior ant Secretary, Fish and Wildlife Service, De- mitting, pursuant to law, the report of a rule Procurement Executive, National Aero- partment of the Interior, transmitting, pur- entitled ‘‘Definition and Registration of Re- nautics and Space Administration, General suant to law, the report of a rule entitled verse Distributors’’ (RIN1117–AA19) received Services Administration, transmitting, pur- ‘‘Endangered and Threatened Wildlife and on August 17, 2005; to the Committee on the suant to law, the report of a rule entitled Plants; Listing Roswell springsnail, Koster’s Judiciary. ‘‘Federal Acquisition Regulation; Federal springsnail, Noel’s amphipod, and Pecos EC–3515. A communication from the Sec- Acquisition Circular 2005–05’’ (FAC 2005–05) assiminea as Endangered with Critical Habi- retary, Department of Housing and Urban received on August 17, 2005; to the Com- tat’’ (RIN1018–AI15) received on August 17, Development, transmitting, pursuant to law, mittee on Homeland Security and Govern- 2005; to the Committee on Environment and the Government National Mortgage Associa- mental Affairs. Public Works. tion (Ginnie Mae) management report for the EC–3526. A communication from the Direc- EC–3506. A communication from the Prin- fiscal year ended September 30, 2004; to the tor, Division for Strategic Human Resources cipal Deputy Associate Administrator, Office Committee on Banking, Housing, and Urban Policy, Office of Personnel Management, of Policy, Economics, and Innovation, Envi- Affairs. transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, EC–3516. A communication from the Sec- a rule entitled ‘‘Law Enforcement Officer pursuant to law, the report of a rule entitled retary of the Treasury, transmitting, pursu- and Firefighter Retirement’’ (RIN3206–AJ39) ‘‘2-amino-4, 5-dihydro-6-methyl-4-propyl-s- ant to law, a six-month periodic report on received on August 17, 2005; to the Com- traizolo(1,5-alpha)pyrimidin-5-one (PP796); the national emergency with respect to ter- mittee on Homeland Security and Govern- Exemption from the Requirement of a Toler- rorists who threaten to disrupt the Middle mental Affairs. ance’’ (FRL No. 7728–1) received August 17, East peace process that was declared in Ex- EC–3527. A communication from the Direc- 2005; to the Committee on Environment and ecutive Order 12947 of January 23, 1995; to the tor, Division for Strategic Human Resources Public Works. Committee on Banking, Housing, and Urban Policy, Office of Personnel Management, EC–3507. A communication from the Assist- Affairs. transmitting, pursuant to law, the report of ant Secretary, Fish and Wildlife Service, De- EC–3517. A communication from the Acting a rule entitled ‘‘Federal Employees’ Group partment of the Interior, transmitting, pur- General Counsel, Export-Import Bank of the Life Insurance Federal Acquisition Regula- suant to law, the report of a rule entitled United States, transmitting, pursuant to tion’’ (RIN3206–AI65) received on August 17, ‘‘Final Designation of Critical Habitat for 15 law, the report of a vacancy in the position 2005; to the Committee on Homeland Secu- Vernal Pool Species in California and Or- of First Vice President and the vacancy and rity and Governmental Affairs. egon’’ (RIN1018–AU06) received on August 17, designation of an acting officer for the posi- EC–3528. A communication from the Ad- 2005; to the Committee on Environment and tion of President, received August 17, 2005; to ministrator, Risk Management Agency, De- Public Works. the Committee on Banking, Housing, and partment of Agriculture, transmitting, pur- EC–3508. A communication from the Prin- Urban Affairs. suant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office EC–3518. A communication from the Assist- ‘‘General Administrative Regulations, Sub- of Policy, Economics, and Innovation, Envi- ant Secretary, Division of Corporation Fi- part V-Submission of Policies, Provisions of ronmental Protection Agency, transmitting, nance, Securities and Exchange Commission, Policies, Rates of Premium, and Premium pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of Reduction Plans’’ (RIN0563–AB95) received ‘‘Approval and Promulgation of State Air a rule entitled ‘‘Ownership Reports and on August 17, 2005; to the Committee on Ag- Quality Plans for Designated Facilities and Trading by Officers, Directors and Principal riculture, Nutrition, and Forestry. Pollutants, Maryland; Control of Emissions EC–3529. A communication from the Con- Security Holders’’ (RIN3235–AJ27) received from Small Municipal Waste Combustor gressional Review Coordinator, Animal and on August 17, 2005; to the Committee on (SMWC) Units; Delegation of Authority’’ Plant Health Inspection Service, Department Banking, Housing, and Urban Affairs of Agriculture, transmitting, pursuant to (FRL No. 7551–3) received August 17, 2005; to EC–3519. A communication from the Acting law, the report of a rule entitled ‘‘Imported the Committee on Environment and Public Deputy Director, Office of Federal Housing Fire Ant; Additions to Quarantined Areas in Works. Enterprise Oversight, Department of Hous- EC–3509. A communication from the Prin- Arkansas and Tennessee’’ (APHIS Docket ing and Urban Development, transmitting, cipal Deputy Associate Administrator, Office No. 05–030–1) received on August 17, 2005; to pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- the Committee on Agriculture, Nutrition, ‘‘Mortgage Fraud Reporting’’ (RIN2550–AA31) ronmental Protection Agency, transmitting, and Forestry. pursuant to law, the report of a rule entitled received on August 17, 2005; to the Com- EC–3530. A communication from the Con- ‘‘Interim Final Determination to Stay and/or mittee on Banking, Housing, and Urban Af- gressional Review Coordinator, Animal and Defer Sanctions, San Joaquin Valley Air fairs. Plant Health Inspection Service, Department EC–3520. A communication from the Chief Pollution Control District’’ (FRL No. 7449–2) of Agriculture, transmitting, pursuant to Counsel, Office of Foreign Assets Control, received August 17, 2005; to the Committee law, the report of a rule entitled ‘‘Addition on Environment and Public Works. Department of the Treasury, transmitting, of Malaysia to List of Regions in Which EC–3510. A communication from the Prin- pursuant to law, the report of a rule entitled Highly Pathogenic Avian Influenza Subtype cipal Deputy Associate Administrator, Office ‘‘Burmese Sanctions Regulations’’ (31 CFR H5N1 is Considered to Exist’’ (APHIS Docket of Policy, Economics, and Innovation, Envi- Part 537) received on August 17, 2005; to the No. 04–091–2) received on August 17, 2005; to ronmental Protection Agency, transmitting, Committee on Banking, Housing, and Urban the Committee on Agriculture, Nutrition, pursuant to law, the report of a rule entitled Affairs. and Forestry. ‘‘Revision to the California State Implemen- EC–3521. A communication from the Assist- EC–3531. A communication from the Con- tation Plan, Ventura County Air Pollution ant to the Board, Division of Consumer and gressional Review Coordinator, Animal and Control District’’ (FRL No. 7945–2) received Community Affairs, Board of Governors of Plant Health Inspection Service, Department August 17, 2005; to the Committee on Envi- the Federal Reserve System, transmitting, of Agriculture, transmitting, pursuant to ronment and Public Works. pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Asian EC–3511. A communication from the Prin- ‘‘Regulation Z (Truth in Lending)’’ (Docket Longhorned Beetle; Removal of Regulated cipal Deputy Associate Administrator, Office No. R–1231) received on August 17, 2005; to Areas’’ (APHIS Docket No. 05–011–2) received of Policy, Economics, and Innovation, Envi- the Committee on Banking, Housing, and on August 17, 2005; to the Committee on Ag- ronmental Protection Agency, transmitting, Urban Affairs. riculture, Nutrition, and Forestry. pursuant to law, the report of a rule entitled EC–3522. A communication from the Chief EC–3532. A communication from the Con- ‘‘Revision to the California State Implemen- of Staff, Office of the Comptroller of the Cur- gressional Review Coordinator, Animal and tation Plan, San Joaquin Valley Unified Air rency, Department of the Treasury, trans- Plant Health Inspection Service, Department Pollution Control District and Monterey Bay mitting, pursuant to law, the Office of the of Agriculture, transmitting, pursuant to Unified Air Pollution Control District’’ (FRL Comptroller’s Quarterly Journal (fourth law, the report of a rule entitled ‘‘Brucellosis No. 7949–1) received August 17, 2005; to the quarter 2004); to the Committee on Banking, in Swine; Add Florida to List of Validated Committee on Environment and Public Housing, and Urban Affairs. Brucellosis-Free States’’ (APHIS Docket No. Works. EC–3523. A communication from the Dis- 05–009–2) received on August 17, 2005; to the EC–3512. A communication from the Chair- trict of Columbia Auditor, transmitting, pur- Committee on Agriculture, Nutrition, and man, Naval Sea Cadet Corps, transmitting, suant to law, a report entitled ‘‘Audit of Ad- Forestry. pursuant to law, the 2004 Audit of the Naval visory Neighborhood Commission 2D for Fis- EC–3533. A communication from the Sea Cadet Corps (NSCC) and the 2004 Annual cal Years 2003 and 2004’’; to the Committee Human Resources Specialist, Office of the Report of the U.S. Naval Cadet Corps; to the on Homeland Security and Governmental Af- Assistant Secretary for Administration and Committee on the Judiciary. fairs. Management, Department of Labor, trans- EC–3513. A communication from the Chair- EC–3524. A communication from the Acting mitting, pursuant to law, the report of a va- man, Federal Trade Commission, transmit- Inspector General, General Services Admin- cancy and the discontinuation of service in ting, pursuant to law, the Commission’s An- istration, transmitting, pursuant to law, the the acting role for the position of Assistant nual Report for Fiscal Year 2004; to the Com- Administration’s Office of Inspector General Secretary for Occupational Safety and mittee on the Judiciary. Report for the six-month period ending Health, received on August 17, 2005; to the EC–3514. A communication from the Dep- March 31, 2005; to the Committee on Home- Committee on Health, Education, Labor, and uty Assistant Administrator, Office of Diver- land Security and Governmental Affairs. Pensions.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9642 CONGRESSIONAL RECORD — SENATE September 6, 2005 EC–3534. A communication from the Gen- the designation of an acting officer for the EC–3554. A communication from the Attor- eral Counsel, Institute of Museum and Li- position of Deputy Administrator, received ney-Advisor, National Highway Traffic Safe- brary Services, transmitting, pursuant to on August 17, 2005; to the Committee on ty Administration, Department of Transpor- law, the report of a vacancy and the designa- Small Business and Entrepreneurship. tation, transmitting, pursuant to law, the re- tion of an acting officer for the position of EC–3544. A communication from the Dep- port of a rule entitled ‘‘Glazing Materials’’ Director, received on August 17, 2005; to the uty Secretary of Veterans Affairs and the (RIN2127–AJ43) received on August 17, 2005; Committee on Health, Education, Labor, and Under Secretary of Defense (Personnel and to the Committee on Commerce, Science, Pensions. Readiness), transmitting, pursuant to law, and Transportation. EC–3535. A communication from the Direc- the report for Fiscal Year 2004 regarding the EC–3555. A communication from the Attor- tor, Regulations Policy and Management activities and accomplishments of the De- ney-Advisor, National Highway Traffic Safe- Staff, Food and Drug Administration, De- partment of Veterans Affairs and Depart- ty Administration, Department of Transpor- partment of Health and Human Services, ment of Defense Joint Executive Committee; tation, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of to the Committee on Veterans’ Affairs. port of a rule entitled ‘‘Hydraulic and Elec- a rule entitled ‘‘Listing of Color Additives EC–3545. A communication from the Acting tric Brake Systems’’ (RIN2127–AI47) received Exempt From Certification; Tomato Lyco- Assistant Secretary, Legislative Affairs, De- on August 17, 2005; to the Committee on pene Extract and Tomato Lycopene Con- partment of State, transmitting, a report Commerce, Science, and Transportation. centrate’’ (Docket No. 2001C–0486) received pursuant to Section 7120 of the Intelligence EC–3556. A communication from the Attor- on August 17, 2005; to the Committee on Reform and Terrorism Prevention Act of ney Advisor, Wireless Telecommunications Health, Education, Labor, and Pensions. 2004; to the Committee on Foreign Relations. Bureau, Federal Communications Commis- EC–3536. A communication from the Direc- EC–3546. A communication from the Acting sion, transmitting, pursuant to law, the re- tor, Regulations Policy and Management Assistant Secretary, Legislative Affairs, De- port of a rule entitled ‘‘In the Matter of Sec- Staff, Food and Drug Administration, De- partment of State, transmitting, pursuant to tion 68.4(a) of the Commission’s Rules Gov- partment of Health and Human Services, law, the report of a rule entitled ‘‘Amend- erning Hearing Aid Compatible Telephones’’ transmitting, pursuant to law, the report of ment to the International Traffic in Arms ((WT Docket No. 01–309) (FCC 05–122)) re- a rule entitled ‘‘Change of Name and Address Regulations: Section 126.1(i)’’ (RIN1400–ZA18) ceived on August 17, 2005; to the Committee Technical Amendment’’ (Docket No. 2005N– received on August 17, 2005; to the Com- on Commerce, Science, and Transportation. 0201) received on August 17, 2005; to the Com- mittee on Foreign Relations. EC–3557. A communication from the Asso- mittee on Health, Education, Labor, and EC–3547. A communication from the Acting ciate Managing Director/PERM, Office of Pensions. Assistant Secretary, Legislative Affairs, De- Managing Director (OMD/PERM), Federal EC–3537. A communication from the Assist- partment of State, transmitting, pursuant to Communications Commission, transmitting, ant General Counsel for Regulations, Office law, a joint Department of State/Department pursuant to law, the report of a rule entitled of Special Education and Rehabilitative of Defense report on counter-drug efforts in ‘‘Assessment and Collection of Regulatory Services, Department of Education, trans- Afghanistan; to the Committee on Foreign Fees for Fiscal Year 2005; Assessment and mitting, pursuant to law, the report of a rule Relations. Collection of Regulatory Fees for Fiscal entitled ‘‘Disability and Rehabilitation Re- EC–3548. A communication from the Acting Year 2004’’ ((MD Dockets 05–59 and 04–73) search Projects and Centers Program — Na- Assistant Secretary, Legislative Affairs, De- (FCC 05–137)) received on August 17, 2005; to tional Center for the Dissemination of Dis- partment of State, transmitting, pursuant to the Committee on Commerce, Science, and ability Research’’ received on August 17, 2005 law, the Fiscal Year 2004 Annual Report on Transportation. to the Committee on Health, Education, U.S. Government Assistance to Eastern Eu- EC–3558. A communication from the Dep- Labor, and Pensions. rope and the Fiscal Year 2004 Annual Report uty Assistant Secretary for Export Adminis- EC–3538. A communication from the Assist- on U.S. Government Assistance to and Coop- tration, Bureau of Industry and Security, ant General Counsel for Regulations, Office erative Activities with Eurasia; to the Com- Department of Commerce, transmitting, pur- of Special Education and Rehabilitative mittee on Foreign Relations. suant to law, the report of a rule entitled Services, Department of Education, trans- EC–3549. A communication from the Assist- ‘‘Implementation of the Understandings mitting, pursuant to law, the report of a rule ant Legal Adviser for Treaty Affairs, Depart- Reached at the April 2005 Australia Group entitled ‘‘Rehabilitation Research and Train- ment of State, transmitting, pursuant to the (AG) Plenary Meeting’’ (RIN0694–AD51) re- ing Centers Program — Promoting Access to Case-Zablocki Act, 1 U.S.C. 112b, as amended, ceived on August 17, 2005; to the Committee Effective Consumer-Centered and Commu- the report of the texts and background state- on Commerce, Science, and Transportation. nity-Based Practices and Supports for Adults ments of international agreements, other EC–3559. A communication from the Dep- with Serious Mental Illness’’ received on Au- than treaties (List 05–187—05–199); to the uty Assistant Secretary for Export Adminis- gust 17, 2005; to the Committee on Health, Committee on Foreign Relations. tration, Bureau of Industry and Security, Education, Labor, and Pensions. EC–3550. A communication from the Attor- Department of Commerce, transmitting, pur- EC–3539. A communication from the Assist- ney-Advisor, National Highway Traffic Safe- suant to law, the report of a rule entitled ant General Counsel for Regulations, Office ty Administration, Department of Transpor- ‘‘Exports of Nuclear Grade Graphite: Change of Special Education and Rehabilitative tation, transmitting, pursuant to law, the re- in Licensing Jurisdiction’’ (RIN0694–AD28) Services, Department of Education, trans- port of a rule entitled ‘‘Procedures for Par- received on August 17, 2005; to the Com- mitting, pursuant to law, the report of a rule ticipating in and Receiving Data from the mittee on Commerce, Science, and Transpor- entitled ‘‘Rehabilitation Research and Train- National Driver Register Problem Driver tation. ing Centers Program — Children with Spe- Pointer System’’ (RIN2127–AI45) received on EC–3560. A communication from the Legal cial Health Care Needs’’ received on August August 17, 2005; to the Committee on Com- Advisor to the Chief, Media Bureau, Federal 17, 2005; to the Committee on Health, Edu- merce, Science, and Transportation. Communications Commission, transmitting, cation, Labor, and Pensions. EC–3551. A communication from the Attor- pursuant to law, the report of a rule entitled EC–3540. A communication from the Sec- ney-Advisor, National Highway Traffic Safe- ‘‘Amendment of Section 73.202(b), Table of retary of Health and Human Services, trans- ty Administration, Department of Transpor- Allotments, FM Broadcast Stations (George- mitting, the report of a draft bill entitled tation, transmitting, pursuant to law, the re- town, Mason, Oxford and West Union, Ohio, ‘‘New Freedom Initiative Medicaid Dem- port of a rule entitled ‘‘Low Speed Vehicles; and Salt Lick, Kentucky)’’ (MB Docket No. onstrations Act of 2005’’ received on August Maximum GVWR’’ (RIN2127–AJ12) received 04–411) received on August 17, 2005; to the 8, 2005; to the Committee on Finance. on August 17, 2005; to the Committee on Committee on Commerce, Science, and EC–3541. A communication from the Acting Commerce, Science, and Transportation. Transportation. Chief, Publications and Regulations Branch, EC–3552. A communication from the Attor- EC–3561. A communication from the Legal Internal Revenue Service, Department of the ney-Advisor, National Highway Traffic Safe- Advisor to the Chief, Media Bureau, Federal Treasury, transmitting, pursuant to law, the ty Administration, Department of Transpor- Communications Commission, transmitting, report of a rule entitled ‘‘Bureau of Labor tation, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled Statistics Price Indexes for Department port of a rule entitled ‘‘Bus Emergency Exits ‘‘Amendment of Section 73.202(b), Table of Stores—June 2005’’ (Rev. Rul. 2005–56) re- and Window Retention and Release’’ Allotments, FM Broadcast Stations (Opal ceived on August 17, 2005; to the Committee (RIN2127–AJ47) received on August 17, 2005; and Reliance, Wyoming and Brigham City, on Finance. to the Committee on Commerce, Science, Woodruff, Price and Fountain Green, Utah)’’ EC–3542. A communication from the Acting and Transportation. (MB Docket No. 02–294) received on August Chief, Publications and Regulations Branch, EC–3553. A communication from the Attor- 17, 2005; to the Committee on Commerce, Internal Revenue Service, Department of the ney-Advisor, National Highway Traffic Safe- Science, and Transportation. Treasury, transmitting, pursuant to law, the ty Administration, Department of Transpor- EC–3562. A communication from the Legal report of a rule entitled ‘‘Exclusions from tation, transmitting, pursuant to law, the re- Advisor to the Chief, Media Bureau, Federal Gross Income of Foreign Corporations’’ port of a rule entitled ‘‘Transmission Shift Communications Commission, transmitting, ((RIN1545–BE16)(TD 9218)) received on August Position Sequence, Starter Interlock, and pursuant to law, the report of a rule entitled 17, 2005; to the Committee on Finance. Transmission Braking Effect’’ (RIN2127–AI43) ‘‘Amendment of Section 73.202(b), Table of EC–3543. A communication from the Ad- received on August 17, 2005; to the Com- Allotments, FM Broadcast Stations ministrator, Small Business Administration, mittee on Commerce, Science, and Transpor- (Talladega and Munford, Alabama)’’ (MB transmitting, pursuant to law, the report of tation. Docket No. 04–19) received on August 17, 2005;

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9643 to the Committee on Commerce, Science, Stevens Fishery Conservation and Manage- port of a rule entitled ‘‘Pelagic Shelf Rock- and Transportation. ment Act Provisions; Pacific Halibut Fish- fish in the West Yakutat District of the Gulf EC–3563. A communication from the Legal eries; Fisheries of the Exclusive Economic of Alaska’’ (I.D. No. 072005B) received on Au- Advisor to the Chief, Media Bureau, Federal Zone Off Alaska; Individual Fishing Quota gust 17, 2005; to the Committee on Com- Communications Commission, transmitting, Program; Community Development Quota merce, Science, and Transportation. pursuant to law, the report of a rule entitled Program; Final Rule’’ (RIN0648–AT03) re- EC–3580. A communication from the Acting ‘‘Amendment of Section 73.202(b), Table of ceived on August 17, 2005; to the Committee Director, Office of Sustainable Fisheries, Na- Allotments, FM Broadcast Stations (Big on Commerce, Science, and Transportation. tional Oceanic and Atmospheric Administra- Spring, Texas)’’ (MB Docket No. 05–137) re- EC–3572. A communication from the Acting tion, transmitting, pursuant to law, the re- ceived on August 17 2005; to the Committee Assistant Secretary, Division of Habitat and port of a rule entitled ‘‘Temporary Rule: Ac- on Commerce, Science, and Transportation. Resource Conservation, Fish and Wildlife cess and Gear Modifications for the Eastern EC–3564. A communication from the Legal Service, transmitting, pursuant to law, the U.S./Canada Area’’ (I.D. No. 063005A) received Advisor to the Chief, Media Bureau, Federal report of a rule entitled ‘‘Marine Mammals; on August 17, 2005; to the Committee on Communications Commission, transmitting, Native Exemptions’’ (RIN1018–AT48) received Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled on August 17, 2005; to the Committee on EC–3581. A communication from the Acting ‘‘Amendment of Section 73.202(b), Table of Commerce, Science, and Transportation. Director, Office of Sustainable Fisheries, Na- Allotments, FM Broadcast Stations EC–3573. A communication from the Assist- tional Oceanic and Atmospheric Administra- (Altheimer, Arkansas and Little Rock, Ar- ant Administrator for Fisheries, National tion, transmitting, pursuant to law, the re- kansas)’’ (MB Docket No. 05–81) received on Marine Fisheries Service, National Oceanic port of a rule entitled ‘‘Fisheries of the Car- August 17, 2005; to the Committee on Com- and Atmospheric Administration, transmit- ibbean, Gulf of Mexico, and South Atlantic; merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Reef Fish Fishery of the Gulf of Mexico; Trip EC–3565. A communication from the Legal titled ‘‘Fisheries of the Caribbean, Gulf of Limit Reduction for Gulf of Mexico Grouper Advisor to the Chief, Media Bureau, Federal Mexico, and South Atlantic; Reef Fish Fish- Fishery’’ (I.D. No. 071505C) received on Au- Communications Commission, transmitting, ery of the Gulf of Mexico; Gulf Grouper Rec- gust 17, 2005; to the Committee on Com- pursuant to law, the report of a rule entitled reational Management Measures’’ (RIN0648– merce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of AT45) received on August 17, 2005; to the EC–3582. A communication from the Acting Allotments, FM Broadcast Stations (Morgan, Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- Georgia)’’ (MB Docket No. 02–109) received on Transportation. tional Oceanic and Atmospheric Administra- August 17, 2005; to the Committee on Com- EC–3574. A communication from the Dep- tion, transmitting, pursuant to law, the re- merce, Science, and Transportation. uty Assistant Administrator for Regulatory port of a rule entitled ‘‘Notification of Scup EC–3566. A communication from the Legal Programs, Office of Sustainable Fisheries, Winter II Quota Adjustment and Possession Advisor to the Chief, Media Bureau, Federal National Oceanic and Atmospheric Adminis- Limit Adjustment’’ (I.D. No. 071905B) re- Communications Commission, transmitting, tration, transmitting, pursuant to law, the ceived on August 17, 2005; to the Committee pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Magnuson-Stevens on Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of Fishery Conservation and Management Act EC–3583. A communication from the Acting Allotments, FM Broadcast Stations Provisions; Fisheries of the Northeastern Director, Office of Sustainable Fisheries, Na- (Palacios, Texas)’’ (MB Docket No. 04–330) re- United States; Northeast Multispecies Fish- tional Oceanic and Atmospheric Administra- ceived on August 17, 2005; to the Committee ery, Emergency Temporary Rule to Address tion, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. Haddock Bycatch in 2005 Herring Fishery’’ port of a rule entitled ‘‘ ‘Other Rockfish’ in EC–3567. A communication from the Legal (RIN0648–AT36) received on August 17, 2005; the Western Regulatory Area of the Gulf of Advisor to the Chief, Media Bureau, Federal to the Committee on Commerce, Science, Alaska’’ (I.D. No. 072205A) received on Au- Communications Commission, transmitting, and Transportation. gust 17, 2005; to the Committee on Com- pursuant to law, the report of a rule entitled EC–3575. A communication from the Dep- merce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of uty Assistant Administrator for Regulatory EC–3584. A communication from the Acting Allotments, FM Broadcast Stations (Jack- Programs, Office of Sustainable Fisheries, Director, Office of Sustainable Fisheries, Na- sonville, Texas)’’ (MB Docket No. 05–129) re- National Oceanic and Atmospheric Adminis- tional Oceanic and Atmospheric Administra- ceived on August 17, 2005; to the Committee tration, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. report of a rule entitled ‘‘2005 Final Speci- port of a rule entitled ‘‘Deep-Water Species EC–3568. A communication from the Legal fications for the U.S./Canada Management Fishery by Vessels Using Trawl Gear in the Advisor to the Chief, Media Bureau, Federal Area Total Allowable Catches (TACs) for the Gulf of Alaska’’ (I.D. No. 072205C) received on Communications Commission, transmitting, Northeast (NE) Multispecies Fishery Man- August 17, 2005; to the Committee on Com- pursuant to law, the report of a rule entitled agement Plan’’ (RIN0648–AS74) received on merce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of August 17, 2005; to the Committee on Com- EC–3585. A communication from the Acting Allotments, FM Broadcast Stations (San merce, Science, and Transportation. Director, Office of Sustainable Fisheries, Na- Luis Obispo and Lost Hills, California and EC–3576. A communication from the Dep- tional Oceanic and Atmospheric Administra- Maricopa, California)’’ (MB Docket No. 05–88) uty Assistant Administrator for Regulatory tion, transmitting, pursuant to law, the re- received on August 17, 2005; to the Com- Programs, Office of Sustainable Fisheries, port of a rule entitled ‘‘Open Yellowfin Sole mittee on Commerce, Science, and Transpor- National Oceanic and Atmospheric Adminis- in the Bering Sea and Aleutian Islands’’ (I.D. tation. tration, transmitting, pursuant to law, the No. 072205B) received on August 17, 2005; to EC–3569. A communication from the Legal report of a rule entitled ‘‘Atlantic Herring the Committee on Commerce, Science, and Advisor to the Chief, Media Bureau, Federal Fishery; 2005 Specifications; Final Rule’’ Transportation. Communications Commission, transmitting, (RIN0648–AS23) received on August 17, 2005; EC–3586. A communication from the Acting pursuant to law, the report of a rule entitled to the Committee on Commerce, Science, Director, Office of Sustainable Fisheries, Na- ‘‘Amendment of Section 73.202(b), Table of and Transportation. tional Oceanic and Atmospheric Administra- Allotments, FM Broadcast Stations (Knox EC–3577. A communication from the Acting tion, transmitting, pursuant to law, the re- City, Texas; Gunnison, Colorado; Red Oak, Director, Office of Sustainable Fisheries, Na- port of a rule entitled ‘‘Northern Rockfish in Oklahoma; Tignall Georgia; and Rosebud, tional Oceanic and Atmospheric Administra- the Western Regulatory Area of the Gulf of South Dakota’’ (MB Docket No. 01–199; MB tion, transmitting, pursuant to law, the re- Alaska; Closure’’ (I.D. No. 071905A) received Docket Nos. 02–171, 02–174; 02–288; and 04–170) port of a rule entitled ‘‘Apportioning the Re- on August 17, 2005; to the Committee on received on August 17, 2005; to the Com- serves of ‘Other Flatfish’ in the Bering Sea Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- and Aleutian Islands Management Area’’ EC–3587. A communication from the Acting tation. (I.D. No. 062905B) received on August 17, 2005; Director, Office of Sustainable Fisheries, Na- EC–3570. A communication from the Legal to the Committee on Commerce, Science, tional Oceanic and Atmospheric Administra- Advisor to the Chief, Media Bureau, Federal and Transportation. tion, transmitting, pursuant to law, the re- Communications Commission, transmitting, EC–3578. A communication from the Acting port of a rule entitled ‘‘Fisheries Off West pursuant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- Coast States and in the Western Pacific; ‘‘Amendment of Section 73.606(b) and tional Oceanic and Atmospheric Administra- West Coast Salmon Fisheries; Inseason Ac- 73.622(b), Table of Allotments, TV and DTV tion, transmitting, pursuant to law, the re- tion #3—Adjustment of the Commercial Broadcast Stations (Columbia and Edenton, port of a rule entitled ‘‘Prohibiting Directed Salmon Fishery from the U.S./Canada Border NC)’’ ((MB Docket No. 04–289) (RM–10802)) re- Fishing for ‘Other Flatfish’ in the Bering Sea to Cape Falcon, Oregon’’ (I.D. No. 072205F) ceived on August 17, 2005; to the Committee and Aleutian Islands Management Area’’ received on August 17, 2005; to the Com- on Commerce, Science, and Transportation. (I.D. No. 062905A) received on August 17, 2005; mittee on Commerce, Science, and Transpor- EC–3571. A communication from the Acting to the Committee on Commerce, Science, tation. Deputy Assistant Administrator for Regu- and Transportation. EC–3588. A communication from the Acting latory Programs, National Marine Fisheries EC–3579. A communication from the Acting Director, Office of Sustainable Fisheries, Na- Service, National Oceanic and Atmospheric Director, Office of Sustainable Fisheries, Na- tional Oceanic and Atmospheric Administra- Administration, transmitting, pursuant to tional Oceanic and Atmospheric Administra- tion, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Magnuson- tion, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Fisheries Off West

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9644 CONGRESSIONAL RECORD — SENATE September 6, 2005 Coast States and in the Western Pacific; sion’s Year 2004 Inventory of Commercial Ac- Treaty Doc. 108–16 U.N. Convention Against West Coast Salmon Fisheries; Inseason Ac- tivities; to the Committee on Commerce, Transnational Organized Crime (Exec. tion #2—Adjustment of the Commercial Science, and Transportation. Rept. No. 109–4) Salmon Fishery from the U.S./Canada Border EC–3598. A communication from the Assist- THE TEXT OF THE RESOLUTION OF RATIFICA- to Cape Falcon, Oregon’’ (I.D. No. 072205E) ant Administrator for Procurement, Na- TION AS REPORTED BY THE COMMITTEE ON received on August 17, 2005; to the Com- tional Aeronautics and Space Administra- FOREIGN RELATIONS Resolved (two-thirds of mittee on Commerce, Science, and Transpor- tion, transmitting, pursuant to law, the re- the Senators present concurring therein), tation. port of a rule entitled ‘‘NASA Grant and Co- EC–3589. A communication from the Acting SECTION 1. SENATE ADVICE AND CONSENT SUB- operative Agreement Handbook—Intellec- JECT TO RESERVATIONS, UNDER- Director, Office of Sustainable Fisheries, Na- tual Property Required Reports and Publica- STANDINGS, AND DECLARATIONS tional Oceanic and Atmospheric Administra- tions’’ (RIN2700–AD14) received on August 17, The Senate advises and consents to the tion, transmitting, pursuant to law, the re- 2005; to the Committee on Commerce, ratification of the United Nations Conven- port of a rule entitled ‘‘Fisheries Off West Science, and Transportation. tion Against Transnational Organized Crime Coast States and in the Western Pacific; EC–3599. A communication from the Direc- (hereinafter in this resolution referred to as West Coast Salmon Fisheries; Inseason Ac- tor, Regulations Policy and Management the ‘‘Convention’’) and two supplementary tion #4—Adjustment of the Commercial Staff, Food and Drug Administration, De- protocols: the Protocol to Prevent, Suppress Salmon Fishery from the U.S./Canada Border partment of Health and Human Services, and Punish Trafficking in Persons, Espe- to Cape Falcon, Oregon’’ (I.D. No. 072205G) transmitting, pursuant to law, the report of cially Women and Children (hereinafter in received on August 17, 2005; to the Com- a rule entitled ‘‘Public Information Regula- this resolution referred to as the ‘‘Traf- mittee on Commerce, Science, and Transpor- tions’’ (Docket No. 2004N–0214) received on ficking Protocol’’) and the Protocol Against tation. August 17, 2005; to the Committee on Health, Smuggling of Migrants by Land, Sea and Air EC–3590. A communication from the Acting Education, Labor, and Pensions. (hereinafter in this resolution referred to as White House Liaison, Office of General Coun- the ‘‘Smuggling Protocol’’), adopted by the sel, Department of Commerce, transmitting, f United Nations General Assembly on Novem- pursuant to law, the report of action on a ber 15, 2000 and signed by the United States nomination and change in previously sub- REPORTS OF COMMITTEES on December 13, 2000 at Palermo, Italy (T. mitted reported information for the position Doc. 108–16), subject to the reservations, un- of General Counsel, received on August 17, The following reports of committees derstandings, and declarations of sections 2, 2005; to the Committee on Commerce, 3 and 4. Science, and Transportation. were submitted: EC–3591. A communication from the Acting By Mr. INHOFE, from the Committee on SECTION 2. RESERVATIONS AND DECLARATION White House Liaison, Office of Legislative Environment and Public Works, without RELATIVE TO THE CONVENTION and Intergovernmental Affairs, Department amendment: (a) RESERVATIONS.—The advice and consent of Commerce, transmitting, pursuant to law, S. 1410. A bill to reauthorize the of the Senate under section 1 is subject to the report of a vacancy, designation of an Neotropical Migratory Bird Conservation the following reservations relative to the acting officer, and change in previously sub- Act, and for other purposes (Rept. No. 109– Convention, which shall be included in the mitted reported information for the position 132). United States instrument of ratification: (1) The United States of America reserves of Assistant Secretary for Legislative and the right to assume obligations under the Intergovernmental Affairs received on Au- f Convention in a manner consistent with its gust 17, 2005; to the Committee on Com- fundamental principles of federalism, pursu- merce, Science, and Transportation. EC–3592. A communication from the Acting EXECUTIVE REPORTS OF ant to which both federal and state criminal White House Liaison, Bureau of Industry and COMMITTEES—JULY 29, 2005 laws must be considered in relation to the conduct addressed in the Convention. U.S. Security, Department of Commerce, trans- The following executive reports of mitting, pursuant to law, the report of ac- federal criminal law, which regulates con- tion on a nomination and change in pre- committees were submitted: duct based on its effect on interstate or for- viously submitted reported information for By Mr. WARNER for the Committee on eign commerce, or another federal interest, the position of Under Secretary for Export Armed Services. serves as the principal legal regime within Administration, received on August 17, 2005; *Eric S. Edelman, of Virginia, to be Under the United States for combating organized to the Committee on Commerce, Science, Secretary of Defense for Policy. crime, and is broadly effective for this pur- and Transportation. *Gordon England, of Texas, to be Deputy pose. Federal criminal law does not apply in EC–3593. A communication from the Acting Secretary of Defense. the rare case where such criminal conduct White House Liaison, Bureau of Industry and *Ronald M. Sega, of Colorado, to be Under does not so involve interstate or foreign Security, Department of Commerce, trans- Secretary of the Air Force. commerce, or another federal interest. There mitting, pursuant to law, the report of ac- By Mr. GRASSLEY for the Committee on are a small number of conceivable situations tion on a nomination and change in pre- Finance. involving such rare offenses of a purely local viously submitted reported information for *Sandra L. Pack, of Maryland, to be an As- character where U.S. federal and state crimi- the position of Assistant Secretary for Ex- sistant Secretary of the Treasury. nal law may not be entirely adequate to sat- port Enforcement, received on August 17, *Timothy D. Adams, of Virginia, to be an isfy an obligation under the Convention. The 2005; to the Committee on Commerce, Under Secretary of the Treasury. United States of America therefore reserves Science, and Transportation. *Randal Quarles, of Utah, to be an Under to the obligations set forth in the Conven- EC–3594. A communication from the Acting Secretary of the Treasury. tion to the extent they address conduct White House Liaison, Office of the Secretary, *Kevin I. Fromer, of Virginia, to be a Dep- which would fall within this narrow category Department of Commerce, transmitting, pur- uty Under Secretary of the Treasury. of highly localized activity. This reservation suant to law, the report of action on a nomi- *Robert M. Kimmitt, of Virginia, to be does not affect in any respect the ability of nation and change in previously submitted Deputy Secretary of the Treasury. the United States to provide international reported information for the position of Dep- *Shara L. Aranoff, of Maryland, to be a cooperation to other Parties as con- uty Secretary, received on August 17, 2005; to Member of the United States International templated in the Convention. the Committee on Commerce, Science, and Trade Commission for a term expiring De- (2) The United States of America reserves Transportation. cember 16, 2012. the right not to apply in part the obligation set forth in Article 15, paragraph 1(b) with EC–3595. A communication from the Acting *Nomination was reported with rec- White House Liaison, Technology Adminis- respect to the offenses established in the tration, Department of Commerce, transmit- ommendation that it be confirmed sub- Convention. The United States does not pro- ting, pursuant to law, the report of action on ject to the nominee’s commitment to vide for plenary jurisdiction over offenses a nomination and change in previously sub- respond to requests to appear and tes- that are committed on board ships flying its mitted reported information for the position tify before any duly constituted com- flag or aircraft registered under its laws. of Director, National Institute of Standards mittee of the Senate. However, in a number of circumstances, U.S. and Technology, received on August 17, 2005; law provides for jurisdiction over such of- fenses committed on board U.S.-flagged ships to the Committee on Commerce, Science, f and Transportation. or aircraft registered under U.S. law. Accord- EC–3596. A communication from the Sec- ingly, the United States will implement retary, Federal Trade Commission, transmit- EXECUTIVE REPORT OF paragraph 1(b) to the extent provided for ting, pursuant to law, the Commission’s Cig- COMMITTEE—AUGUST 31, 2005 under its federal law. arette Report for 2003; to the Committee on (3) In accordance with Article 35, para- Commerce, Science, and Transportation. The following executive report of graph 3, the United States of America de- EC–3597. A communication from the Chair- committee was submitted: clares that it does not consider itself bound man, Federal Communications Commission, By Mr. LUGAR, from the Committee on by the obligation set forth in Article 35, transmitting, pursuant to law, the Commis- Foreign Relations: paragraph 2.

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(b) DECLARATION.—The advice and consent graph 2(b) of the United Nations Convention fications for the office of the Under Sec- of the Senate under section 1 is subject to Against Transnational Organized Crime, as retary for Emergency Preparedness and Re- the following declaration relative to the requiring States Parties whose money laun- sponse; to the Committee on Homeland Secu- Convention: dering legislation sets forth a list of specific rity and Governmental Affairs. The United States of America declares predicate offenses to include in such list a By Mr. GRASSLEY (for himself and that, in view of its federalism reservation, comprehensive range of offenses associated Mr. HARKIN): current United States law, including the with trafficking in persons. S. 1613. A bill to amend the Livestock Man- laws of the States of the United States, ful- (c) DECLARATION.—The advice and consent datory Reporting Act of 1999 to extend the fills the obligations of the Convention for of the Senate under section 1 is subject to termination date for mandatory price report- the United States. Accordingly, the United the following declaration relative to the ing; to the Committee on Agriculture, Nutri- States of America does not intend to enact Trafficking Protocol: The United States of tion, and Forestry. new legislation to fulfill its obligations America declares that, in view of its reserva- By Mr. ENZI (for himself and Mr. KEN- under the Convention. tions, current United States law, including NEDY): SECTION 3. RESERVATIONS, UNDERSTANDING, the laws of the States of the United States, S. 1614. A bill to extend the authorization AND DECLARATION RELATIVE TO fulfills the obligations of the Protocol for of programs under the Higher Education Act THE TRAFFICKING PROTOCOL the United States. Accordingly, the United of 1965, and for other purposes; to the Com- (a) RESERVATIONS.—The advice and consent States of America does not intend to enact mittee on Health, Education, Labor, and of the Senate under section 1 is subject to new legislation to fulfill its obligations Pensions. the following reservations relative to the under the Protocol. By Mrs. CLINTON (for herself, Ms. MI- Trafficking Protocol, which shall be included SECTION 4. RESERVATIONS AND UNDER- KULSKI, Mr. LAUTENBERG, and Mr. in the United States instrument of ratifica- STANDING RELATIVE TO THE SMUG- JEFFORDS): tion: GLING PROTOCOL S. 1615. A bill to establish the Federal (1) The United States of America reserves (a) RESERVATIONS.—The advice and consent Emergency Management Agency as an inde- the right not to apply in part the obligation of the Senate under section 1 is subject to pendent agency, and for other purposes; to set forth in Article 15, paragraph 1(b), of the the following reservations relative to the the Committee on Homeland Security and United Nations Convention Against Smuggling Protocol, which shall be included Governmental Affairs. Transnational Organized Crime with respect in the United States instrument of ratifica- By Mr. KENNEDY (for himself and Mr. to the offenses established in the Trafficking tion: KERRY): Protocol. The United States does not provide (1) The United States of America criminal- S. 1616. A bill to modify the boundary of for plenary jurisdiction over offenses that izes most but not all forms of attempts to Lowell National Historical Park, and for are committed on board ships flying its flag commit the offenses established in accord- other purposes; to the Committee on Energy or aircraft registered under its laws. How- ance with Article 6, paragraph 1 of this Pro- and Natural Resources. ever, in a number of circumstances, U.S. law tocol. With respect to the obligation under By Mr. KENNEDY (for himself and Mr. provides for jurisdiction over such offenses Article 6, Paragraph 2(a), the United States KERRY): committed on board U.S.-flagged ships or of America reserves the right to criminalize S. 1617. A bill to suspend temporarily the aircraft registered under U.S. law. Accord- attempts to commit the conduct described in duty on gemifloxacin, gemifloxacin ingly, the United States will implement Article 6, paragraph 1(b), to the extent that mesylate, and gemifloxacin mesylate paragraph 1(b) of the Convention to the ex- under its laws such conduct relates to false sesquihydrate; to the Committee on Finance. tent provided for under its federal law. or fraudulent passports and other specified (2) The United States of America reserves identity documents, constitutes fraud or the f the right to assume obligations under this making of a false statement, or constitutes SUBMISSION OF CONCURRENT AND Protocol in a manner consistent with its fun- attempted use of a false or fraudulent visa. damental principles of federalism, pursuant (2) In accordance with Article 20, para- SENATE RESOLUTIONS to which both federal and state criminal graph 3, the United States of America de- The following concurrent resolutions laws must be considered in relation to con- clares that it does not consider itself bound and Senate resolutions were read, and duct addressed in the Protocol. U.S. federal by the obligation set forth in Article 20, referred (or acted upon), as indicated: criminal law, which regulates conduct based paragraph 2. on its effect on interstate or foreign com- (b) UNDERSTANDING.—The advice and con- By Mr. FRIST (for himself, Mr. REID, merce, or another federal interest, such as sent of the Senate under section 1 is subject Ms. LANDRIEU, Mr. VITTER, Mr. COCH- the Thirteenth Amendment’s prohibition of to the following understanding relative to RAN, Mr. LOTT, Mr. SHELBY, Mr. SES- ‘‘slavery’’ and ‘‘involuntary servitude,’’ the Smuggling Protocol, which shall be in- SIONS, Mr. AKAKA, Mr. ALEXANDER, serves as the principal legal regime within cluded in the United States instrument of Mr. ALLARD, Mr. ALLEN, Mr. BAUCUS, the United States for combating the conduct ratification: The United States of America Mr. BAYH, Mr. BENNETT, Mr. BIDEN, addressed in this Protocol, and is broadly ef- understands the obligation to establish the Mr. BINGAMAN, Mr. BOND, Mrs. fective for this purpose. Federal criminal law offenses in the Protocol as money laundering BOXER, Mr. BROWNBACK, Mr. BUNNING, does not apply in the rare case where such predicate offenses, in light of Article 6, para- Mr. BURNS, Mr. BURR, Mr. BYRD, Ms. criminal conduct does not so involve inter- graph 2(b) of the United Nations Convention CANTWELL, Mr. CARPER, Mr. CHAFEE, state or foreign commerce, or otherwise im- Against Transnational Organized Crime, as Mr. CHAMBLISS, Mrs. CLINTON, Mr. plicate another federal interest, such as the requiring States Parties whose money laun- COBURN, Mr. COLEMAN, Ms. COLLINS, Thirteenth Amendment. There are a small dering legislation sets forth a list of specific Mr. CONRAD, Mr. CORNYN, Mr. number of conceivable situations involving predicate offenses to include in such list a CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. such rare offenses of a purely local character comprehensive range of offenses associated DAYTON, Mr. DEMINT, Mr. DEWINE, where U.S. federal and state criminal law with smuggling of migrants. Mr. DODD, Mrs. DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, may not be entirely adequate to satisfy an f obligation under the Protocol. The United Mr. ENZI, Mr. FEINGOLD, Mrs. FEIN- States of America therefore reserves to the INTRODUCTION OF BILLS AND STEIN, Mr. GRAHAM, Mr. GRASSLEY, obligations set forth in the Protocol to the JOINT RESOLUTIONS Mr. GREGG, Mr. HAGEL, Mr. HARKIN, extent they address conduct which would fall Mr. HATCH, Mrs. HUTCHISON, Mr. The following bills and joint resolu- INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. within this narrow category of highly local- tions were introduced, read the first ized activity. This reservation does not af- JEFFORDS, Mr. JOHNSON, Mr. KEN- fect in any respect the ability of the United and second times by unanimous con- NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, States to provide international cooperation sent, and referred as indicated: Mr. LAUTENBERG, Mr. LEAHY, Mr. to other Parties as contemplated in the Pro- By Mr. NELSON of Nebraska: LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, tocol. S. 1610. A bill to require the Federal Trade Mr. LUGAR, Mr. MARTINEZ, Mr. (3) In accordance with Article 15, para- Commission to conduct an inquiry into the MCCAIN, Mr. MCCONNELL, Ms. MIKUL- graph 3, the United States of America de- retail price of gasoline; to the Committee on SKI, Ms. MURKOWSKI, Mrs. MURRAY, clares that it does not consider itself bound Commerce, Science, and Transportation. Mr. NELSON of Florida, Mr. NELSON of by the obligation set forth in Article 15, By Mr. ALLARD: Nebraska, Mr. OBAMA, Mr. PRYOR, paragraph 2. S. 1611. A bill to amend title 40, United Mr. REED, Mr. ROBERTS, Mr. ROCKE- (b) UNDERSTANDING.—The advice and con- States Code, to authorize the Administrator FELLER, Mr. SALAZAR, Mr. SANTORUM, sent of the Senate under section 1 is subject of General Services to lease and redevelop Mr. SARBANES, Mr. SCHUMER, Mr. to the following understanding relative to certain Federal property on the Denver Fed- SMITH, Ms. SNOWE, Mr. SPECTER, Ms. the Trafficking Protocol, which shall be in- eral Center in Lakewood, Colorado; to the STABENOW, Mr. STEVENS, Mr. SUNUNU, cluded in the United States instrument of Committee on Homeland Security and Gov- Mr. TALENT, Mr. THOMAS, Mr. THUNE, ratification: The United States of America ernmental Affairs. Mr. VOINOVICH, Mr. WARNER, and Mr. understands the obligation to establish the By Mr. NELSON of Florida: WYDEN): offenses in the Protocol as money laundering S. 1612. A bill to amend the Homeland Se- S. Res. 233. A resolution expressing the predicate offenses, in light of Article 6, para- curity Act of 2002 to establish certain quali- condolences of the Nation to the victims of

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9646 CONGRESSIONAL RECORD — SENATE September 6, 2005 Hurricane Katrina, commending the resil- shall be allowed for charitable con- S. 627 iency of the people of the States of Lou- tributions of literacy, musical, artistic, At the request of Mr. HATCH, the isiana, Mississippi, and Alabama, and com- or scholarly compositions created by names of the Senator from Ohio (Mr. mitting to stand by them in the relief and the donor. DEWINE), the Senator from Michigan recovery efforts; considered and agreed to. S. 392 (Mr. LEVIN), the Senator from Mis- By Mr. FRIST (for himself, Mr. REID, sissippi (Mr. COCHRAN) and the Senator Mr. LOTT, and Mr. DODD): At the request of Mr. LEVIN, the S. Con. Res. 52. A concurrent resolution names of the Senator from Iowa (Mr. from Oregon (Mr. WYDEN) were added providing for the use of the catafalque situ- GRASSLEY), the Senator from New as cosponsors of S. 627, a bill to amend ated in the crypt beneath the Rotunda of the Hampshire (Mr. SUNUNU) and the Sen- the Internal Revenue Code of 1986 to Capitol in connection with memorial serv- ator from South Dakota (Mr. JOHNSON) permanently extend the research cred- ices to be conducted in the Supreme Court were added as cosponsors of S. 392, a it, to increase the rates of the alter- Building for the late honorable William H. bill to authorize the President to native incremental credit, and to pro- Rehnquist, Chief Justice of the United vide an alternative simplified credit for States; considered and agreed to. award a gold medal on behalf of Con- gress, collectively, to the Tuskegee qualified research expenses. f Airmen in recognition of their unique S. 633 ADDITIONAL COSPONSORS military record, which inspired revolu- At the request of Mr. JOHNSON, the tionary reform in the Armed Forces. name of the Senator from Minnesota S. 4 S. 398 (Mr. COLEMAN) was added as a cospon- At the request of Mr. FRIST, the At the request of Mr. SANTORUM, the sor of S. 633, a bill to require the Sec- name of the Senator from Ohio (Mr. name of the Senator from Georgia (Mr. retary of the Treasury to mint coins in VOINOVICH) was added as a cosponsor of ISAKSON) was added as a cosponsor of S. commemoration of veterans who be- S. 4, a bill to reduce healthcare costs, 398, a bill to amend the Internal Rev- came disabled for life while serving in expand access to affordable healthcare enue Code of 1986 to expand the expens- the Armed Forces of the United States. coverage, and improve healthcare and ing of environmental remediation S. 635 strengthen the healthcare safety net, costs. At the request of Mr. SANTORUM, the and for other purposes. S. 438 names of the Senator from Iowa (Mr. S. 25 At the request of Mr. ENSIGN, the HARKIN), the Senator from Ohio (Mr. At the request of Mr. CHAMBLISS, the name of the Senator from Maryland DEWINE) and the Senator from Michi- name of the Senator from Oklahoma (Ms. MIKULSKI) was added as a cospon- gan (Ms. STABENOW) were added as co- (Mr. COBURN) was added as a cosponsor sor of S. 438, a bill to amend title XVIII sponsors of S. 635, a bill to amend title of S. 25, a bill to promote freedom, fair- of the Social Security Act to repeal the XVIII of the Social Security Act to im- ness, and economic opportunity by re- medicare outpatient rehabilitation prove the benefits under the medicare pealing the income tax and other taxes, therapy caps. program for beneficiaries with kidney abolishing the Internal Revenue Serv- S. 445 disease, and for other purposes. ice, and enacting a national sales tax At the request of Ms. STABENOW, the S. 662 to be administered primarily by the name of the Senator from Iowa (Mr. At the request of Ms. COLLINS, the States. HARKIN) was added as a cosponsor of S. name of the Senator from New Jersey S. 103 445, a resolution to amend part D of (Mr. CORZINE) was added as a cosponsor At the request of Mrs. FEINSTEIN, the title XVIII of the Social Security Act, of S. 662, a bill to reform the postal name of the Senator from Louisiana as added by the Medicare Prescription laws of the United States. (Ms. LANDRIEU) was added as a cospon- Drug, Improvement, and Modernization S. 695 sor of S. 103, a bill to respond to the il- Act of 2003, to provide for negotiation At the request of Mr. BYRD, the name legal production, distribution, and use of fair prices for Medicare prescription of the Senator from Idaho (Mr. CRAIG) of methamphetamine in the United drugs. was added as a cosponsor of S. 695, a States, and for other purposes. S. 548 bill to suspend temporarily new shipper At the request of Mr. TALENT, the At the request of Mr. CONRAD, the bonding privileges. name of the Senator from Missouri names of the Senator from Iowa (Mr. At the request of Mr. COCHRAN, the (Mr. BOND) was added as a cosponsor of GRASSLEY) and the Senator from Or- names of the Senator from Montana S. 103, supra. egon (Mr. WYDEN) were added as co- (Mr. BURNS) and the Senator from North Carolina (Mr. BURR) were added S. 114 sponsors of S. 548, a bill to amend the as cosponsors of S. 695, supra. At the request of Mr. KERRY, the Food Security Act of 1985 to encourage S. 776 name of the Senator from Maryland owners and operators of privately-held At the request of Mr. DURBIN, his (Ms. MIKULSKI) was added as a cospon- farm, ranch, and forest land to volun- name was withdrawn as a cosponsor of sor of S. 114, a bill to amend titles XIX tarily make their land available for ac- S. 776, a bill to designate certain func- and XXI of the Social Security Act to cess by the public under programs ad- tions performed at flight service sta- ensure that every uninsured child in ministered by States and tribal govern- ments. tions of the Federal Aviation Adminis- America has health insurance cov- tration as inherently governmental erage, and for other purposes. S. 626 At the request of Mr. NELSON of Ne- functions, and for other purposes. S. 185 braska, the names of the Senator from S. 843 At the request of Mr. NELSON of Flor- North Dakota (Mr. DORGAN), the Sen- At the request of Mr. SANTORUM, the ida, the name of the Senator from ator from Montana (Mr. BURNS), the name of the Senator from Georgia (Mr. South Dakota (Mr. THUNE) was added Senator from Louisiana (Ms. LAN- ISAKSON) was added as a cosponsor of S. as a cosponsor of S. 185, a bill to amend DRIEU) and the Senator from Michigan 843, a bill to amend the Public Health title 10, United States Code, to repeal (Ms. STABENOW) were added as cospon- Service Act to combat autism through the requirement for the reduction of sors of S. 626, a bill to amend title research, screening, intervention and certain Survivor Benefit Plan annu- XVIII of the Social Security Act to im- education. ities by the amount of dependency and prove access to diabetes self manage- S. 852 indemnity compensation and to modify ment training by designating certified At the request of Mr. SPECTER, the the effective date for paid-up coverage diabetes educators who are recognized name of the Senator from Indiana (Mr. under the Survivor Benefit Plan. by a nationally recognized certifying LUGAR) was added as a cosponsor of S. S. 372 body and who meet the same quality 852, a bill to create a fair and efficient At the request of Mr. LEAHY, the standards set forth for other providers system to resolve claims of victims for name of the Senator from New Jersey of diabetes self management training, bodily injury caused by asbestos expo- (Mr. CORZINE) was added as a cosponsor as certified providers for purposes of sure, and for other purposes. of S. 372, a bill to amend the Internal outpatient diabetes self-management S. 978 Revenue Code of 1986 to provide that a training services under part B of the At the request of Mr. SANTORUM, the deduction equal to fair market value medicare program. name of the Senator from Ohio (Mr.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9647 DEWINE) was added as a cosponsor of S. seek entry into the United States to vania (Mr. SANTORUM) was added as a 978, a bill to amend the Internal Rev- participate in illegal activities with cosponsor of S. 1386, a bill to exclude enue Code of 1986 to provide tax incen- criminal gangs located in the United from consideration as income certain tives for the purchase of qualified States. payments under the national flood in- health insurance, and for other pur- S. 1183 surance program. poses. At the request of Mr. WARNER, the S. 1405 S. 1002 name of the Senator from Colorado At the request of Mr. NELSON of Ne- At the request of Mr. BAUCUS, the (Mr. SALAZAR) was added as a cospon- braska, the names of the Senator from names of the Senator from Iowa (Mr. sor of S. 1183, a bill to provide addi- Arkansas (Mr. PRYOR), the Senator HARKIN) and the Senator from North tional assistance to recipients of Fed- from New York (Mrs. CLINTON), the Dakota (Mr. DORGAN) were added as co- eral Pell Grants who are pursuing pro- Senator from Michigan (Ms. STABE- sponsors of S. 1002, a bill to amend title grams of study in engineering, mathe- NOW), the Senator from Maine (Ms. XVIII of the Social Security Act to matics, science, or foreign languages. COLLINS) and the Senator from Iowa make improvements in payments to S. 1196 (Mr. HARKIN) were added as cosponsors hospitals under the medicare program, At the request of Mr. CORZINE, the of S. 1405, a bill to extend the 50 per- and for other purposes. name of the Senator from Ohio (Mr. cent compliance threshold used to de- DEWINE) was added as a cosponsor of S. S. 1038 termine whether a hospital or unit of a 1196, a bill to provide for disclosure of At the request of Mr. LUGAR, the hospital is an inpatient rehabilitation fire safety standards and measures name of the Senator from Michigan facility and to establish the National with respect to campus buildings, and Advisory Council on Medical Rehabili- (Ms. STABENOW) was added as a cospon- for other purposes. sor of S. 1038, a bill to amend the Farm tation. S. 1272 Security and Rural Investment Act of S. 1417 At the request of Mr. NELSON of Ne- 2002 to enhance the ability to produce At the request of Mr. CRAIG, the braska, the names of the Senator from fruits and vegetables on covered com- names of the Senator from Maine (Ms. Rhode Island (Mr. REED) and the Sen- modity base acres. SNOWE), the Senator from Vermont ator from Kansas (Mr. ROBERTS) were EFFORDS S. 1060 (Mr. J ), the Senator from New added as cosponsors of S. 1272, a bill to York (Mr. SCHUMER) and the Senator At the request of Mr. COLEMAN, the amend title 46, United States Code, and name of the Senator from Idaho (Mr. from Wisconsin (Mr. KOHL) were added title II of the Social Security Act to as cosponsors of S. 1417, a bill to im- CRAIG) was added as a cosponsor of S. provide benefits to certain individuals 1060, a bill to amend the Internal Rev- pose tariff-rate quotas on certain ca- who served in the United States mer- sein and milk protein concentrates. enue Code of 1986 to allow a credit chant marine (including the Army S. 1488 against income tax for the purchase of Transport Service and the Naval At the request of Mr. VITTER, the hearing aids. Transport Service) during World War names of the Senator from Idaho (Mr. S. 1062 II. CRAIG) and the Senator from Wyoming At the request of Mr. KENNEDY, the S. 1287 (Mr. ENZI) were added as cosponsors of name of the Senator from Washington At the request of Mr. COLEMAN, the S. 1488, a bill to withhold funding from (Ms. CANTWELL) was added as a cospon- name of the Senator from Georgia (Mr. the United Nations if the United Na- sor of S. 1062, a bill to amend the Fair ISAKSON) was added as a cosponsor of S. tions abridges the rights provided by Labor Standards Act of 1938 to provide 1287, a bill to amend the definition of the Second Amendment to the Con- for an increase in the Federal min- independent student for purposes of the stitution, and for other purposes. imum wage. need analysis in the Higher Education S. 1496 S. 1081 Act of 1965 to include older adopted students. At the request of Mr. CRAPO, the At the request of Mr. KYL, the name names of the Senator from Illinois (Mr. S. 1317 of the Senator from California (Mrs. OBAMA), the Senator from Oklahoma BOXER) was added as a cosponsor of S. At the request of Mr. HATCH, the name of the Senator from Georgia (Mr. (Mr. INHOFE) and the Senator from 1081, a bill to amend title XVIII of the Florida (Mr. MARTINEZ) were added as Social Security Act to provide for a ISAKSON) was added as a cosponsor of S. 1317, a bill to provide for the collection cosponsors of S. 1496, a bill to direct minimum update for physicians’ serv- the Secretary of the Interior to con- ices for 2006 and 2007. and maintenance of cord blood units for the treatment of patients and re- duct a pilot program under which up to S. 1086 search, and to amend the Public Health 15 States may issue electronic Federal At the request of Mr. HATCH, the Service Act to authorize the Bone Mar- migratory bird hunting stamps. name of the Senator from Georgia (Mr. row and Cord Blood Cell Transplan- S. 1504 ISAKSON) was added as a cosponsor of S. tation Program to increase the number At the request of Mr. ENSIGN, the 1086, a bill to improve the national pro- of transplants for recipients suitable names of the Senator from Mississippi gram to register and monitor individ- matched to donors of bone marrow and (Mr. LOTT) and the Senator from South uals who commit crimes against chil- cord blood. Carolina (Mr. DEMINT) were added as dren or sex offenses. S. 1350 cosponsors of S. 1504, a bill to establish S. 1112 At the request of Mr. SPECTER, the a market driven telecommunications At the request of Mr. BAUCUS, the name of the Senator from Georgia (Mr. marketplace, to eliminate government name of the Senator from North Da- ISAKSON) was added as a cosponsor of S. managed competition of existing com- kota (Mr. DORGAN) was added as a co- 1350, a bill to amend the Communica- munication service, and to provide par- sponsor of S. 1112, a bill to make per- tions Act of 1934 to protect the privacy ity between functionally equivalent manent the enhanced educational sav- rights of subscribers to wireless com- services. ings provisions for qualified tuition munications services. S. 1508 programs enacted as part of the Eco- S. 1366 At the request of Mr. FEINGOLD, the nomic Growth and Tax Relief Rec- At the request of Mr. DORGAN, the name of the Senator from Illinois (Mr. onciliation Act of 2001. name of the Senator from West Vir- DURBIN) was added as a cosponsor of S. S. 1168 ginia (Mr. ROCKEFELLER) was added as 1508, a bill to require Senate candidates At the request of Mr. NELSON of Flor- a cosponsor of S. 1366, a bill to amend to file designations, statements, and ida, the name of the Senator from the Internal Revenue Code of 1986 to reports in electronic form. Georgia (Mr. ISAKSON) was added as a allow tax-free distributions from indi- S. 1512 cosponsor of S. 1168, a bill to amend vidual retirement accounts for chari- At the request of Mr. SARBANES, the section 212 of the Immigration and Na- table purposes. names of the Senator from Missouri tionality Act to make inadmissible in- S. 1386 (Mr. TALENT) and the Senator from dividuals who law enforcement knows, At the request of Mr. MARTINEZ, the Alaska (Mr. STEVENS) were added as co- or has reasonable grounds to believe, name of the Senator from Pennsyl- sponsors of S. 1512, a bill to grant a

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9648 CONGRESSIONAL RECORD — SENATE September 6, 2005 Federal charter to Korean War Vet- tions member states, and the Govern- who question the integrity and ac- erans Association, Incorporated. ment of the United States, and for countability of the reported prices S. 1525 other purposes. under Mandatory Price Reporting At the request of Mr. LEAHY, the S. RES. 219 under this law. name of the Senator from New Jersey At the request of Mrs. FEINSTEIN, the While there is a lack of ‘‘believ- (Mr. LAUTENBERG) was added as a co- name of the Senator from Wisconsin ability’’ regarding the information gen- sponsor of S. 1525, a bill to ensure that (Mr. FEINGOLD) was added as a cospon- erated by Mandatory Price Reporting, commercial insurers cannot engage in sor of S. Res. 219, a resolution desig- nearly all producers across Iowa feel price fixing, bid rigging, or market al- nating March 8, 2006, as ‘‘Endangered strongly that the information would be locations to the detriment of competi- Species Day’’, and encouraging the peo- valuable if the program had more tion and consumers. ple of the United States to become edu- credibility and improved transparency. S. 1555 cated about, and aware of, threats to Thanks to producer comments and dissatisfaction with the current pro- At the request of Ms. CANTWELL, the species, success stories in species re- name of the Senator from New York covery, and the opportunity to pro- gram, Senator HARKIN and I offered to initiate a Government Accountability (Mr. SCHUMER) was added as a cospon- mote species conservation worldwide. Office, GAO, examination of the Man- sor of S. 1555, a bill to amend the Farm S. RES. 231 datory Price Reporting program. Security and Rural Investment Act of At the request of Ms. LANDRIEU, the 2002 to reform funding for the Seniors name of the Senator from Indiana (Mr. I then conditioned my support of any multi-year extension or revision of Farmers’ Market Nutrition Program, LUGAR) was added as a cosponsor of S. and for other purposes. Res. 231, a resolution encouraging the Mandatory Price Reporting on the Transitional National Assembly of Iraq GAO study results. S. 1558 Unfortunately, there is growing pres- to adopt a constitution that grants At the request of Ms. COLLINS, the sure from packers and ‘‘packer lack- women equal rights under the law and names of the Senator from Ohio (Mr. eys’’ to act before the GAO report is to work to protect such rights. VOINOVICH) and the Senator from Ha- completed. waii (Mr. AKAKA) were added as cospon- S. RES. 232 Under the auspice of ‘‘consensus’’ a sors of S. 1558, a bill to amend the Eth- At the request of Mr. KENNEDY, the number of groups serving packer inter- ics in Government Act of 1978 to pro- names of the Senator from New Mexico ests are pushing agendas contrary to tect family members of filers from dis- (Mr. BINGAMAN) and the Senator from the interests of Iowa’s pork producers closing sensitive information in a pub- Maryland (Mr. SARBANES) were added and cattlemen. lic filing and extend the public filing as cosponsors of S. Res. 232, a resolu- The Iowa livestock community be- requirement for 5 years. tion celebrating the 40th anniversary lieves any congressional action before S. 1584 of the enactment of the Voting Rights receipt and review of the GAO report At the request of Mr. HATCH, the Act of 1965 and reaffirming the com- would be premature and ill-advised. name of the Senator from Massachu- mitment of the Senate to ensuring the The goal of re-authorization should setts (Mr. KERRY) was added as a co- continued effectiveness of the Act in be to improve the existing legislation sponsor of S. 1584, a bill to amend the protecting the voting rights of all citi- to the best of our ability based upon Internal Revenue Code of 1986 to pro- zens of the United States. the best available information and vide for a nonrefundable tax credit AMENDMENT NO. 762 analysis. against income tax for individuals who At the request of Mr. NELSON of Flor- If the non-partisan GAO is not al- purchase a residential safe storage de- ida, the name of the Senator from lowed to complete its work before the vice for the safe storage of firearms. South Dakota (Mr. THUNE) was added law is re-authorized, Congress will be S.J. RES. 7 as a cosponsor of amendment No. 762 neglecting the opportunity to review At the request of Mr. KENNEDY, the proposed to S. 1042, an original bill to and reflect upon an exhaustive study. name of the Senator from Michigan authorize appropriations for fiscal year Let me be clear, livestock producers (Ms. STABENOW) was added as a cospon- 2006 for military activities of the De- in Iowa do not think it is prudent to sor of S.J. Res. 7, a joint resolution partment of Defense, for military con- move forward without substantive re- proposing an amendment to the Con- struction, and for defense activities of view and potential improvement of the stitution of the United States relative the Department of Energy, to prescribe current program. Only those entities to equal rights for men and women. personnel strengths for such fiscal year that fear transparency should be fight- S.J. RES. 22 for the Armed Forces, and for other ing for a 5 year extension with no con- purposes. At the request of Mr. DURBIN, the sideration for the GAO’s pending con- name of the Senator from Illinois (Mr. f clusions. The House Agriculture Committee OBAMA) was added as a cosponsor of STATEMENTS ON INTRODUCED passed out a five year extension and I S.J. Res. 22, a joint resolution pro- BILLS AND JOINT RESOLUTIONS hope they will take into consideration claiming Casimir Pulaski to be an hon- By Mr. GRASSLEY (for himself orary citizen of the United States post- the remarks made by me today. I look and Mr. HARKIN): humously. forward to protecting the interests of S. 1613. A bill to amend the Livestock family farmers and believe this an- S. RES. 182 Mandatory Reporting Act of 1999 to ex- other way of providing that protection. At the request of Mr. COLEMAN, the tend the termination date for manda- names of the Senator from Massachu- tory price reporting; to the Committee By Mr. ENZI (for himself and Mr. setts (Mr. KERRY) and the Senator from on Agriculture, Nutrition, and For- KENNEDY): Indiana (Mr. BAYH) were added as co- estry. S. 1614. A bill to extend the author- sponsors of S. Res. 182, a resolution Mr. GRASSLEY. Mr. President, I am ization of programs under the Higher supporting efforts to increase child- pleased to be joined by my colleague Education Act of 1965, and for other hood cancer awareness, treatment, and Senator HARKIN to introduce legisla- purposes; to the Committee on Health, research. tion today that would extend the ter- Education, Labor, and Pensions. S. RES. 184 mination date for mandatory price re- Mr. ENZI. Mr. President, I rise today At the request of Mr. SANTORUM, the porting. to introduce the Higher Education name of the Senator from Kentucky Due in large part to concerned Iowa Amendments of 2005. (Mr. BUNNING) was added as a cosponsor livestock producers, Congress passed Education beyond high school and of S. Res. 184, a resolution expressing the Livestock Mandatory Reporting lifelong education opportunities are the sense of the Senate regarding Act, LMPR, in 1999 to help improve vital if we are to retain our competi- manifestations of anti-Semitism by market transparency. tive edge in the global economy and United Nations member states and urg- Since Mandatory Price Reporting make every American a part of our Na- ing action against anti-Semitism by was implemented by USDA in 2001, I tion’s success story. Our workforce United Nations officials, United Na- have heard from producers across Iowa needs education and training that will

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9649 meet the demands of tomorrow’s work- SECTION 1. SHORT TITLE AND TABLE OF CON- Sec. 428. Consumer education information. place. TENTS. Sec. 429. Definition of eligible lender. Technology, demographics and diver- (a) SHORT TITLE.—This Act may be cited as Sec. 430. Repayment by the Secretary of the ‘‘Higher Education Amendments of 2005’’. sity have brought far-reaching changes loans of bankrupt, deceased, or (b) TABLE OF CONTENTS.—The table of con- disabled borrowers; treatment to the U.S. economy and the work- tents for this Act is as follows: of borrowers attending schools place, including an increased demand Sec. 1. Short title and table of contents. that fail to provide a refund, at- for a well-educated and highly skilled Sec. 2. References. tending closed schools, or false- workforce. Those changes will continue Sec. 3. General effective date. ly certified as eligible to bor- and the need for skilled workers will TITLE I—GENERAL PROVISIONS row. only increase in the years to come. Sec. 101. Additional definitions. PART C—FEDERAL WORK-STUDY PROGRAMS The reauthorization of the Higher Sec. 102. General definition of institution of Sec. 441. Authorization of appropriations. Education Act is an important part of higher education. Sec. 442. Allowance for books and supplies. meeting these concerns. Today’s stu- Sec. 103. Definition of institution of higher Sec. 443. Grants for Federal work-study pro- dents will become tomorrow’s leaders, education for purposes of title grams. in the economy, in education, and in IV programs. Sec. 444. Job location and development pro- Sec. 104. Protection of student speech and grams. every other aspect of our society. A association rights. Sec. 445. Work colleges. strong postsecondary education will be Sec. 105. National Advisory Committee on PART D—WILLIAM D. FORD FEDERAL DIRECT the key to their future success in those Institutional Quality and Integ- LOAN PROGRAM roles. rity. Sec. 451. Funds for administrative expenses. I am pleased to be introducing this Sec. 106. Drug and alcohol abuse prevention. legislation with my distinguished col- Sec. 107. Prior rights and obligations. PART E—FEDERAL PERKINS LOANS league and ranking member of the Sec. 108. Cost of higher education. Sec. 461. Program authority. Sec. 109. Performance-based organization for Sec. 462. Terms of loans. Committee, Senator KENNEDY. He and I the delivery of Federal student Sec. 463. Cancellation of loans for certain both share a commitment to improving financial assistance. public service. access and quality of postsecondary Sec. 110. Procurement flexibility. PART F—NEED ANALYSIS education for all students, and a strong TITLE II—TEACHER QUALITY Sec. 471. Cost of attendance. interest in keeping America competi- ENHANCEMENT Sec. 472. Definitions. tive in this global economy. Sec. 201. Teacher quality enhancement PART G—GENERAL PROVISIONS RELATING TO The legislation we are introducing grants for States and partner- STUDENT ASSISTANCE today will improve postsecondary edu- ships. Sec. 481. Definition of academic and award cation by strengthening the accredita- TITLE III—INSTITUTIONAL AID year. tion process, improving access through Sec. 301. Program purpose. Sec. 482. Compliance calendar. the use of technology, supporting stu- Sec. 302. Definitions; eligibility. Sec. 483. Forms and regulations. dent financial aid programs, reducing Sec. 303. American Indian tribally con- Sec. 484. Student eligibility. the need for remedial education, help- trolled colleges and univer- Sec. 485. Statute of limitations and state ing more students complete high sities. court judgments. Sec. 304. Alaska native and native Hawaiian- Sec. 486. Institutional refunds. school, and supporting transitions for serving institutions. all students from high school to col- Sec. 487. Institutional and financial assist- Sec. 305. Native American-serving, nontribal ance for students. lege. institutions. Sec. 488. National student loan data system. Among the most important provi- Sec. 306. Part B definitions. Sec. 489. Early awareness of financial aid sions of this bill is a program that Sec. 307. Grants to institutions. eligibility and demonstration Sec. 308. Allotments to institutions. would provide additional grant aid to program to provide early esti- Sec. 309. Professional or graduate institu- mates and early awards of fi- those students with the greatest finan- tions. nancial aid. cial need. This legislation would also Sec. 310. Authorization of appropriations. Sec. 490. College Access Initiative. focus its resources on increasing the Sec. 311. Technical corrections. number of math and science graduates Sec. 491. Program participation agreements. TITLE IV—STUDENT ASSISTANCE Sec. 492. Regulatory relief and improve- by providing additional grant aid for PART A—GRANTS TO STUDENTS IN ATTEND- ment. students in their third and fourth years ANCE AT INSTITUTIONS OF HIGHER EDUCATION Sec. 493. Transfer of allotments. of college. Sec. 401. Federal Pell Grants. Sec. 494. Wage garnishment requirement. This legislation would also increase Sec. 402. Federal trio programs. Sec. 495. Purpose of administrative pay- access to Federally guaranteed student Sec. 403. Gaining early awareness and readi- ments. loans, which would help ensure that ness for undergraduate pro- Sec. 496. Advisory Committee on Student students are not forced to take out grams. Financial Assistance. higher interest loans from other Sec. 404. Academic achievement incentive Sec. 497. Regional meetings. Sec. 498. Year 2000 requirements at the De- sources. It would also expand the role scholarships. Sec. 405. Federal supplemental educational partment. of institutions and guaranty agencies opportunity grants. PART H—PROGRAM INTEGRITY in providing financial literacy to stu- Sec. 406. Leveraging Educational Assistance dents, so they will make better choices Sec. 499. Recognition of accrediting agency Partnership Program. or association. regarding their financial future. Sec. 407. Special programs for students Sec. 499A. Administrative capacity stand- In addition to these priorities, the whose families are engaged in ard. bill would also help to address the Fed- migrant and seasonal farm- Sec. 499B. Program review and data. work. eral deficit in a meaningful way, by TITLE V—DEVELOPING INSTITUTIONS saving $7 billion over the next 5 years. Sec. 408. Robert C. Byrd Honors Scholarship Program. Sec. 501. Definitions. Although we were forced to make some Sec. 409. Child care access means parents in Sec. 502. Authorized activities. difficult choices in reaching this level school. Sec. 503. Duration of grant. of deficit reduction, I am pleased that Sec. 410. Learning anytime anywhere part- Sec. 504. Postbaccalaureate opportunities we were also able to write good policy, nerships. for Hispanic Americans. provide increased support for students PART B—FEDERAL FAMILY EDUCATION LOAN Sec. 505. Applications. Sec. 506. Cooperative arrangements. and put in place a program that will PROGRAM Sec. 507. Authorization of appropriations. help strengthen America’s place in the Sec. 421. Extension of authorities. global marketplace our economy. Sec. 422. Federal payments to reduce stu- TITLE VI—INTERNATIONAL EDUCATION PROGRAMS I ask unanimous consent that the dent interest costs. text of the bill be printed in the Sec. 423. Federal consolidation loans. Sec. 601. Findings. Sec. 424. Default Reduction Program. Sec. 602. Graduate and undergraduate lan- RECORD. Sec. 425. Reports to credit bureaus and insti- guage and area centers and pro- S. 1614 tutions of higher education. grams. Be it enacted by the Senate and House of Rep- Sec. 426. Common forms and formats. Sec. 603. Undergraduate international stud- resentatives of the United States of America in Sec. 427. Student loan information by eligi- ies and foreign language pro- Congress assembled, ble borrowers. grams.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0655 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9650 CONGRESSIONAL RECORD — SENATE September 6, 2005 Sec. 604. Research; studies. Sec. 903. Agreement for the National Tech- (1) by redesignating paragraphs (1) through Sec. 605. Technological innovation and co- nical Institute for the Deaf. (16) as paragraphs (2) through (17), respec- operation for foreign informa- Sec. 904. Cultural experiences grants. tively; and tion access. Sec. 905. Audit. (2) by inserting before paragraph (2) (as re- Sec. 606. Selection of certain grant recipi- Sec. 906. Reports. designated by paragraph (1)) the following: ents. Sec. 907. Monitoring, evaluation, and report- ‘‘(1) AUTHORIZING COMMITTEES.—The term Sec. 607. American overseas research cen- ing. ‘authorizing committees’ means the Com- ters. Sec. 908. Liaison for educational programs. mittee on Health, Education, Labor, and Sec. 909. Federal endowment programs for Sec. 608. Authorization of appropriations for Pensions of the Senate and the Committee Gallaudet University and the international and foreign lan- on Education and the Workforce of the National Technical Institute guage studies. House of Representatives.’’. Sec. 609. Centers for international business for the Deaf. Sec. 910. Oversight and effect of agreements. (b) CONFORMING AMENDMENTS.—The Act (20 education. U.S.C. 1001 et seq.) is amended— Sec. 610. Education and training programs. Sec. 911. International students. (1) in section 131(a)(3)(B) (20 U.S.C. Sec. 611. Authorization of appropriations for Sec. 912. Research priorities. Sec. 913. Authorization of appropriations. 1015(a)(3)(B)), by striking ‘‘Committee on business and international edu- Labor and Human Resources of the Senate cation programs. PART B—UNITED STATES INSTITUTE OF PEACE and the Committee on Education and the Sec. 612. Minority foreign service profes- ACT Workforce of the House of Representatives’’ sional development program. Sec. 921. United States Institute of Peace Sec. 613. Institutional development. Act. and inserting ‘‘authorizing committees’’; (2) in section 141(d)(4)(B) (20 U.S.C. Sec. 614. Study abroad program. PART C—THE HIGHER EDUCATION 1018(d)(4)(B)), by striking ‘‘Committee on Sec. 615. Advanced degree in international AMENDMENTS OF 1998 Education and the Workforce of the House of relations. Sec. 931. Repeals. Sec. 616. Internships. Representatives and the Committee on Sec. 932. Grants to States for workplace and Labor and Human Resources of the Senate’’ Sec. 617. Financial assistance. community transition training Sec. 618. Report. and inserting ‘‘authorizing committees’’; for incarcerated youth offend- (3) in section 206 (20 U.S.C. 1026)— Sec. 619. Gifts and donations. ers. Sec. 620. Authorization of appropriations for (A) in the matter preceding paragraph (1) the Institute for International PART D—INDIAN EDUCATION of subsection (a), by striking ‘‘, the Com- Public Policy. SUBPART 1—TRIBAL COLLEGES AND mittee on Labor and Human Resources of the Sec. 621. Definitions. UNIVERSITIES Senate, and the Committee on Education Sec. 622. Assessment and enforcement. Sec. 941. Tribally Controlled College and and the Workforce of the House of Rep- TITLE VII—GRADUATE AND POSTSEC- University Assistance. resentatives’’ and inserting ‘‘and the author- ONDARY IMPROVEMENT PROGRAMS SUBPART 2—NAVAJO HIGHER EDUCATION izing committees’’; and (B) in subsection (d), by striking ‘‘Com- Sec. 701. Purpose. Sec. 945. Short title. mittee on Labor and Human Resources of the Sec. 702. Allocation of Jacob K. Javits Fel- Sec. 946. Reauthorization of the Navajo Senate and the Committee on Education and lowships. Community College Act. Sec. 703. Stipends. TITLE X—RECONCILIATION the Workforce of the House of Representa- tives’’ and inserting ‘‘authorizing commit- Sec. 704. Authorization of appropriations for Sec. 1001. Provisional grant assistance pro- tees’’; the Jacob K. Javits Fellowship gram. Program. Sec. 1002. National SMART grants. (4) in section 207(c)(1) (20 U.S.C. 1027(c)(1)), Sec. 705. Institutional eligibility under the Sec. 1003. Loan limits. by striking ‘‘Committee on Labor and Graduate Assistance in Areas of Sec. 1004. PLUS loan interest rates and zero Human Resources of the Senate and the National Need Program. special allowance payment. Committee on Education and the Workforce Sec. 706. Awards to graduate students. Sec. 1005. Reduction of lender insurance re- of the House of Representatives’’ and insert- Sec. 707. Additional assistance for cost of imbursement rates. ing ‘‘authorizing committees’’; education. Sec. 1006. Guaranty agency origination fee. (5) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), Sec. 708. Authorization of appropriations for Sec. 1007. Deferment of student loans for by striking ‘‘to the Committee on Appropria- the Graduate Assistance in military service. tions’’ and all that follows through ‘‘House Areas of National Need Pro- Sec. 1008. Rehabilitation through consolida- of Representatives’’ and inserting ‘‘to the gram. tion. Committee on Appropriations of the Senate, Sec. 709. Authorization of appropriations for Sec. 1009. Single holder rule. the Committee on Appropriations of the the Thurgood Marshall Legal Sec. 1010. Default reduction program. House of Representatives, and the author- Educational Opportunity Pro- Sec. 1011. Requirements for disbursements of izing committees’’; gram. student loans. (6) in section 428 (20 U.S.C. 1078)— Sec. 710. Fund for the improvement of post- Sec. 1012. Special insurance and reinsurance (A) in subsection (c)(9)(K), by striking secondary education. rules. ‘‘House Committee on Education and the Sec. 711. Special projects. Sec. 1013. School as lender moratorium. Workforce and the Senate Committee on Sec. 712. Authorization of appropriations for Sec. 1014. Permanent reduction of special al- Labor and Human Resources’’ and inserting the fund for the improvement lowance payments for loans ‘‘authorizing committees’’; of postsecondary education. from the proceeds of tax ex- (B) in the matter following paragraph (2) of Sec. 713. Authorization of appropriations for empt issues. subsection (g), by striking ‘‘Committee on the urban community service Sec. 1015. Loan fees from lenders. Labor and Human Resources of the Senate Sec. 1016. Origination fee. program. and the Committee on Education and the Sec. 1017. Income contingent repayment for Sec. 714. Grants authorized for demonstra- Workforce of the House of Representatives’’ public sector employees. tion projects to ensure students Sec. 1018. Income protection allowance for and inserting ‘‘authorizing committees’’; and with disabilities receive a qual- dependent students. (C) in subsection (n)(4), ‘‘Committee on ity higher education. Sec. 1019. Simplified need test and auto- Education and the Workforce of the House of Sec. 715. Applications for demonstration matic zero improvements. Representatives and the Committee on projects to ensure students Sec. 1020. Loan forgiveness for teachers. Labor and Human Resources of the Senate’’ with disabilities receive a qual- and inserting ‘‘authorizing committees’’; SEC. 2. REFERENCES. ity higher education. Except as otherwise expressly provided, (7) in section 428A (20 U.S.C. 1078–1)— Sec. 716. Authorization of appropriations for whenever in this Act an amendment or re- (A) in the matter preceding subparagraph the demonstration projects to peal is expressed in terms of an amendment (A) of subsection (a)(4), by striking ‘‘Com- ensure students with disabil- to, or repeal of, a section or other provision, mittee on Labor and Human Resources of the ities receive a quality higher the reference shall be considered to be made Senate and the Committee on Education and education. to a section or other provision of the Higher the Workforce of the House of Representa- TITLE VIII—MISCELLANEOUS Education Act of 1965 (20 U.S.C. 1001 et seq.). tives’’ and inserting ‘‘authorizing commit- Sec. 801. Mathematics and Science Scholars tees’’; and SEC. 3. GENERAL EFFECTIVE DATE. (B) in subsection (c)— Program. Except as otherwise provided in this Act or (i) in the matter preceding subparagraph the amendments made by this Act, the TITLE IX—AMENDMENTS TO OTHER (A) of paragraph (2), by striking ‘‘Chair- amendments made by this Act shall take ef- LAWS person’’ and all that follows through ‘‘House fect on July 1, 2006. PART A—EDUCATION OF THE DEAF ACT OF 1986 of Representatives’’ and inserting ‘‘Chair- Sec. 901. Laurent Clerc National Deaf Edu- TITLE I—GENERAL PROVISIONS persons and Ranking Members of the author- cation Center. SEC. 101. ADDITIONAL DEFINITIONS. izing committees’’; Sec. 902. Agreement with Gallaudet Univer- (a) AMENDMENT.—Section 103 (20 U.S.C. (ii) in paragraph (3), by striking ‘‘Chair- sity. 1003) is amended— person’’ and all that follows through ‘‘House

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9651 of Representatives’’ and inserting ‘‘Chair- (12) in section 455(b)(8)(B) (20 U.S.C. tives’’ and inserting ‘‘authorizing commit- persons and Ranking Members of the author- 1087e(b)(8)(B)), by striking ‘‘Committee on tees’’. izing committees’’; and Labor and Human Resources of the Senate SEC. 102. GENERAL DEFINITION OF INSTITUTION (iii) in paragraph (5), by striking ‘‘Chair- and the Committee on Education and the OF HIGHER EDUCATION. person’’ and all that follows through ‘‘House Workforce of the House of Representatives’’ Section 101 (20 U.S.C. 1001) is amended— of Representatives’’ and inserting ‘‘Chair- and inserting ‘‘authorizing committees’’; (1) in subsection (a)(3), by inserting ‘‘, or persons and Ranking Members of the author- (13) in section 482(d) (20 U.S.C. 1089(d)), by awards a degree that is acceptable for admis- izing committees’’; striking ‘‘Committee on Labor and Human sion to a graduate or professional degree pro- (8) in the matter preceding paragraph (1) of Resources of the Senate and the Committee gram, subject to the review and approval by section 428I(h) (20 U.S.C. 1078–9(h)), by strik- on Education and Labor of the House of Rep- the Secretary’’ after ‘‘such a degree’’; and ing ‘‘Chairman’’ and all that follows through resentatives’’ and inserting ‘‘authorizing (2) by striking subsection (b)(2) and insert- ‘‘Education and Labor’’ and inserting committees’’; ing the following: ‘‘Chairpersons of the authorizing commit- (14) in section 483(c) (20 U.S.C. 1090(c)), by ‘‘(2) a public or nonprofit private edu- tees’’; striking ‘‘Committee on Labor and Human cational institution in any State that, in (9) in section 432 (20 U.S.C. 1082)— Resources of the Senate and the Committee lieu of the requirement in subsection (a)(1), (A) in subsection (f)(1)(C), by striking ‘‘the on Education and the Workforce of the admits as regular students persons— Committee on Education and the Workforce House of Representatives’’ and inserting ‘‘(A) who meet the requirements of section of the House of Representatives or the Com- ‘‘authorizing committees’’; 484(d)(3); mittee on Labor and Human Resources of the (15) in section 485 (20 U.S.C. 1092)— ‘‘(B) who are beyond the age of compulsory Senate’’ and inserting ‘‘either of the author- (A) in subsection (f)(5)(A), by striking school attendance in the State in which the izing committees’’; and ‘‘Committee on Education and the Work- institution is located; or (B) in the matter following subparagraph force of the House of Representatives and the ‘‘(C) who will be dually or concurrently en- (D) of subsection (n)(3), by striking ‘‘Com- Committee on Labor and Human Resources rolled in such institution and a secondary mittee on Education and the Workforce of of the Senate’’ and inserting ‘‘authorizing school.’’. the House of Representatives and the Com- mittee on Labor and Human Resources of the committees’’; and SEC. 103. DEFINITION OF INSTITUTION OF HIGH- Senate’’ and inserting ‘‘authorizing commit- (B) in subsection (g)(4)(B), by striking ER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS. tees’’; ‘‘Committee on Education and the Work- (10) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), force of the House of Representatives and the Section 102 (20 U.S.C. 1002) is amended— by striking ‘‘Committee on Education and Committee on Labor and Human Resources (1) in subsection (a)— the Workforce of the House of Representa- of the Senate’’ and inserting ‘‘authorizing (A) by striking paragraph (2)(A)(i) and in- tives and the Committee on Labor and committees’’; serting the following: Human Resources of the Senate’’ and insert- (16) in section 486 (20 U.S.C. 1093)— ‘‘(i) in the case of a graduate medical ing ‘‘authorizing committees’’; (A) in subsection (e), by striking ‘‘Com- school located outside the United States— (11) in section 439 (20 U.S.C. 1087–2)— mittee on Labor and Human Resources of the ‘‘(I) at least 60 percent of those enrolled in, (A) in subsection (d)(1)(E)(iii), by striking Senate and the Committee on Education and and at least 60 percent of the graduates of, ‘‘advise the Chairman’’ and all that follows the Workforce of the House of Representa- the graduate medical school outside the through ‘‘House of Representatives’’ and in- tives’’ and inserting ‘‘authorizing commit- United States were not persons described in serting ‘‘advise the Chairpersons and Rank- tees’’; and section 484(a)(5) in the year preceding the ing Members of the authorizing commit- (B) in subsection (f)(3)— year for which a student is seeking a loan tees’’; (i) in the matter preceding clause (i) of under part B of title IV; and (B) in subsection (r)— subparagraph (A), by striking ‘‘Committee ‘‘(II) at least 60 percent of the individuals (i) in paragraph (3), by striking ‘‘inform on Labor and Human Resources of the Sen- who were students or graduates of the grad- the Chairman’’ and all that follows through ate and the Committee on Education and the uate medical school outside the United ‘‘House of Representatives,’’ and inserting Workforce of the House of Representatives’’ States or Canada (both nationals of the ‘‘inform the Chairpersons and Ranking Mem- and inserting ‘‘authorizing committees’’; and United States and others) taking the exami- bers of the authorizing committees’’; (ii) in the matter preceding clause (i) of nations administered by the Educational (ii) in paragraph (5)(B), by striking ‘‘plan, subparagraph (B), by striking ‘‘Committee Commission for Foreign Medical Graduates to the Chairman’’ and all that follows on Labor and Human Resources of the Sen- received a passing score in the year pre- through ‘‘Education and Labor’’ and insert- ate and the Committee on Education and the ceding the year for which a student is seek- ing ‘‘plan, to the Chairpersons and Ranking Workforce of the House of Representatives’’ ing a loan under part B of title IV; or’’; Members of the authorizing committees’’; and inserting ‘‘authorizing committees’’; (B) by striking paragraph (3) and inserting (iii) in paragraph (6)(B)— (17) in section 487A (20 U.S.C. 1094a)— the following: (I) by striking ‘‘plan, to the Chairman’’ (A) in subsection (a)(5), by striking ‘‘Com- ‘‘(3) LIMITATIONS BASED ON ENROLLMENT.— and all that follows through ‘‘House of Rep- mittee on Labor and Human Resources of the An institution shall not be considered to resentatives’’ and inserting ‘‘plan, to the Senate and the Committee on Education and meet the definition of an institution of high- Chairpersons and Ranking Members of the the Workforce of the House of Representa- er education in paragraph (1) if such institu- authorizing committees’’; and tives’’ and inserting ‘‘authorizing commit- tion— (II) by striking ‘‘Chairmen and ranking mi- tees’’; and ‘‘(A) has a student enrollment in which nority members of such Committees’’ and in- (B) in subsection (b)(3)(B), in the matter more than 25 percent of the students are in- serting ‘‘Chairpersons and Ranking Members preceding clause (i)— carcerated, except that the Secretary may of the authorizing committees’’; (i) by striking ‘‘Committee on Labor and waive the limitation contained in this sub- (iv) in paragraph (8)(C), by striking ‘‘imple- Human Resources of the Senate and the paragraph for a nonprofit institution that mented to the Chairman’’ and all that fol- Committee on Education and the Workforce provides a 2- or 4-year program of instruc- lows through ‘‘House of Representatives, of the House of Representatives’’ and insert- tion (or both) for which the institution and’’ and inserting ‘‘implemented to the ing ‘‘authorizing committees’’; and awards a bachelor’s degree, or an associate’s Chairpersons and Ranking Members of the (ii) by striking ‘‘such Committees’’ and in- degree or a postsecondary diploma, respec- authorizing committees, and to’’; and serting ‘‘the authorizing committees’’; tively; or (v) in the matter preceding subparagraph (18) in section 493A(a)(5) (20 U.S.C. ‘‘(B) has a student enrollment in which (A) of paragraph (10), by striking ‘‘days to 1098c(a)(5)), by striking ‘‘Chairperson of the more than 50 percent of the students do not the Chairman’’ and all that follows through Committee on Labor and Human Resources have a secondary school diploma or its rec- ‘‘Education and Labor’’ and inserting ‘‘days of the Senate and the Chairperson of the ognized equivalent, and does not provide a 2- to the Chairpersons and Ranking Members of Committee on Education and the Workforce or 4-year program of instruction (or both) for the authorizing committees’’; and of the House of Representatives’’ and insert- which the institution awards a bachelor’s de- (C) in subsection (s)(2)— ing ‘‘Chairpersons of the authorizing com- gree or an associate’s degree, respectively, (i) in the matter preceding clause (i) of mittees’’; and except that the Secretary may waive the subparagraph (A), by striking ‘‘Treasury and (19) in section 498B(d) (20 U.S.C. 1099c– limitation contained in this subparagraph if to the Chairman’’ and all that follows 2(d))— a nonprofit institution demonstrates to the through ‘‘House of Representatives’’ and in- (A) in paragraph (1), by striking ‘‘Com- satisfaction of the Secretary that the insti- serting ‘‘Treasury and to the Chairpersons mittee on Labor and Human Resources of the tution exceeds such limitation because the and Ranking Members of the authorizing Senate and the Committee on Education and institution serves, through contracts with committees’’; and the Workforce of the House of Representa- Federal, State, or local government agen- (ii) in subparagraph (B), by striking tives’’ and inserting ‘‘authorizing commit- cies, significant numbers of students who do ‘‘Treasury and to the Chairman’’ and all that tees’’; and not have a secondary school diploma or its follows through ‘‘House of Representatives’’ (B) in paragraph (2), by striking ‘‘Com- recognized equivalent.’’; and inserting ‘‘Treasury and to the Chair- mittee on Labor and Human Resources of the (C) by redesignating paragraphs (4), (5), and persons and Ranking Members of the author- Senate and the Committee on Education and (6), as paragraphs (5), (6), and (7), respec- izing committees’’; the Workforce of the House of Representa- tively; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9652 CONGRESSIONAL RECORD — SENATE September 6, 2005 (D) by inserting after paragraph (3) the fol- ‘‘(IV) video cassette, DVDs, and CD-ROMs, ‘‘(F) the anticipated impact of funds pro- lowing: provided that they are used in a course in vided under this subsection in reducing the ‘‘(4) LIMITATIONS BASED ON MODE OF DELIV- conjunction with the technologies listed in rates of drug abuse and underage alcohol use; ERY.— subclauses (I) through (III).’’; and ‘‘(G) outreach strategies, including ways in ‘‘(A) IN GENERAL.—An institution shall not (2) in subsection (b)(1)— which the eligible entity proposes to— be considered to meet the definition of an in- (A) in subparagraph (D), by inserting ‘‘(i) reach out to students; stitution of higher education in paragraph ‘‘and’’ after the semicolon; ‘‘(ii) promote the purpose described in (1) if such institution— (B) in subparagraph (E), by striking ‘‘; paragraph (1); ‘‘(i) offers more than 50 percent of such in- and’’ and inserting a period; and ‘‘(iii) address the range of needs of the stu- stitution’s courses by correspondence, unless (C) by striking subparagraph (F). dents and the surrounding communities; and the institution is an institution that meets SEC. 104. PROTECTION OF STUDENT SPEECH AND ‘‘(iv) address community norms for under- the definition in section 3(3)(C) of the Carl D. ASSOCIATION RIGHTS. age students regarding drug abuse and alco- Perkins Vocational and Technical Education Section 112 (20 U.S.C. 1011a) is amended— hol use; and Act of 1998; or (1) in subsection (a)— ‘‘(H) such additional information as re- ‘‘(ii) enrolls 50 percent or more of the insti- (A) by inserting ‘‘(1)’’ before ‘‘It is the quired by the Secretary. tution’s students in correspondence courses, sense’’; and ‘‘(3) USES OF FUNDS.—Each eligible entity unless the institution is an institution that (B) by adding at the end the following: that receives a grant under this subsection meets the definition in such section 3(3)(C), ‘‘(2) It is the sense of Congress that— shall use the grant funds to carry out the ac- except that the Secretary, at the request of ‘‘(A) the diversity of institutions and edu- tivities described in such entity’s applica- such institution, may waive the applicability cational missions is one of the key strengths tion submitted pursuant to paragraph (2). of this subparagraph to such institution for of American higher education; ‘‘(4) ACCOUNTABILITY.—On the date on good cause, as determined by the Secretary ‘‘(B) individual colleges and universities which the Secretary first publishes a notice in the case of an institution of higher edu- have different missions and each institution in the Federal Register soliciting applica- cation that provides a 2- or 4-year program should design its academic program in ac- tions for grants under this subsection, the of instruction (or both) for which the institu- cordance with its educational goals; Secretary shall include in the notice tion awards an associate or baccalaureate ‘‘(C) within the context of institutional achievement indicators for the program au- degree, respectively. mission, a college should facilitate the free thorized under this subsection. The achieve- ‘‘(B) DISTANCE EDUCATION PROGRAM ELIGI- and open exchange of ideas; ment indicators shall be designed— BILITY.—Notwithstanding subparagraph (A), ‘‘(D) students should not be intimated, har- ‘‘(A) to measure the impact that the state- an institution of higher education, other assed, discouraged from speaking out, or dis- wide coalitions assisted under this sub- than a foreign institution, that offers edu- criminated against; section are having on the institutions of ‘‘(E) students should be treated equally cation or training programs principally higher education and the surrounding com- and fairly; and through distance education shall be consid- munities, including changes in the number of ‘‘(F) nothing in this paragraph shall be ered to meet the definition of an institution alcohol and drug-related abuse incidents of construed to modify, change, or infringe of higher education in paragraph (1) if such any kind (including violations, physical as- upon any constitutionally protected reli- institution— saults, sexual assaults, reports of intimida- gious liberty, freedom, expression, or asso- ‘‘(i) has been evaluated and determined tion, disruptions of school functions, disrup- ciation.’’; and (before or after the date of enactment of the tions of student studies, mental health refer- (2) in subsection (b)(1), by inserting ‘‘, pro- Higher Education Amendments of 2005) to rals, illnesses, or deaths); vided that the imposition of such sanction is have capability to effectively deliver dis- ‘‘(B) to measure the quality and accessi- done objectively and fairly’’ after ‘‘higher tance education programs by an accrediting bility of the programs or information offered agency or association that— education’’. by the statewide coalitions; and ‘‘(I) is recognized by the Secretary under SEC. 105. NATIONAL ADVISORY COMMITTEE ON ‘‘(C) to provide such other measures of pro- title IV; and INSTITUTIONAL QUALITY AND IN- gram impact as the Secretary determines ap- ‘‘(II) has evaluation of distance education TEGRITY. propriate. programs within the scope of its recognition, Section 114(g) (20 U.S.C. 1011c(g)) is amend- ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Grant as described in section 496(n)(3); ed by striking ‘‘September 30, 2004’’ and in- funds provided under this subsection shall be ‘‘(ii) is otherwise eligible to participate in serting ‘‘September 30, 2011’’. used to supplement, and not supplant, Fed- programs authorized under title IV; SEC. 106. DRUG AND ALCOHOL ABUSE PREVEN- eral and non-Federal funds available for car- ‘‘(iii) has not had its participation in pro- TION. rying out the activities described in this sub- grams under title IV suspended or termi- Section 120 (20 U.S.C. 1011i) is amended by section. nated within the 5 years preceding the year striking subsections (e) and (f) and inserting for which the determination is made; the following: ‘‘(6) DEFINITIONS.—In this subsection: ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(iv) has not had, or failed to resolve, an ‘‘(e) GRANTS DIRECTED AT REDUCING HIGHER entity’ means a State, an institution of high- audit finding or program review finding EDUCATION DRUG AND ALCOHOL ABUSE.— er education, or a nonprofit entity. under this Act during the 2 years preceding ‘‘(1) AUTHORIZATION OF PROGRAM.—The Sec- the year for which the determination is retary may award grants to eligible entities ‘‘(B) INSTITUTION OF HIGHER EDUCATION.— made that, following any appeal to the Sec- to enable the entities to reduce the rate of The term ‘institution of higher education’ retary, resulted in the institution being re- drug abuse, underage alcohol use, and binge has the meaning given the term in section quired to repay an amount that is equal to or drinking among students at institutions of 101(a). greater than 25 percent of the total funds the higher education. ‘‘(C) STATE.—The term ‘State’ means each institution received under the programs au- ‘‘(2) APPLICATIONS.—An eligible entity that of the 50 States, the District of Columbia, thorized under title IV for the most recent desires to receive a grant under this sub- and the Commonwealth of Puerto Rico. award year; and section shall submit an application to the ‘‘(D) STATEWIDE COALITION.—The term ‘‘(v) has met the requirements of section Secretary at such time, in such manner, and ‘statewide coalition’ means a coalition 487(d), if applicable. accompanied by such information as the Sec- that— ‘‘(C) DEFINITION.— retary may require. Each application shall ‘‘(i) includes— ‘‘(i) IN GENERAL.—In this Act, except as include— ‘‘(I) institutions of higher education within otherwise provided, the term ‘distance edu- ‘‘(A) a description of how the eligible enti- a State; and cation’ means a course or program that uses ty will work to enhance an existing, or ‘‘(II) a nonprofit group, a community drug 1 or more of the technologies described in where none exists to build a, statewide coali- abuse or underage drinking prevention coali- clause (ii) to— tion; tion, or another substance abuse prevention ‘‘(I) deliver instruction to students who are ‘‘(B) a description of how the eligible enti- group within a State; and separated from the instructor; and ty will target underage students in the ‘‘(ii) works toward lowering the alcohol ‘‘(II) support regular and substantive inter- State; abuse rate by targeting underage students at action between the students and the instruc- ‘‘(C) a description of how the eligible enti- institutions of higher education throughout tor, either synchronously or asynchronously. ty intends to ensure that the statewide coa- the State and in the surrounding commu- ‘‘(ii) INCLUSIONS.—For the purposes of lition is actually implementing the purpose nities. clause (i), the technologies used may in- described in paragraph (1) and moving to- ‘‘(E) SURROUNDING COMMUNITY.—The term clude— ward the achievement indicators described ‘surrounding community’ means the commu- ‘‘(I) the Internet; in paragraph (4); nity— ‘‘(II) one-way and two-way transmissions ‘‘(D) a list of the members of the statewide ‘‘(i) that surrounds an institution of higher through open broadcast, closed circuit, coalition or interested parties involved in education participating in a statewide coali- cable, microwave, broadband lines, fiber op- the work of the eligible entity; tion; tics, satellite, or wireless communications ‘‘(E) a description of how the eligible enti- ‘‘(ii) where the students from the institu- devices; ty intends to work with State agencies on tion of higher education take part in the ‘‘(III) audio conferencing; or substance abuse prevention and education; community; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9653 ‘‘(iii) where students from the institution (2) in subsection (c)— ‘‘(ii) the design and technical specifica- of higher education live in off-campus hous- (A) in paragraph (1), by inserting ‘‘be con- tions for software development and procure- ing. ducted on an annual basis and’’ after ‘‘Such ment for systems supporting the student fi- ‘‘(7) ADMINISTRATIVE EXPENSES.—Not more study shall’’; nancial assistance programs authorized than 5 percent of a grant awarded under this (B) in paragraph (2)— under title IV;’’; subsection may be expended for administra- (i) in subparagraph (B), by striking ‘‘and’’ (III) in clause (iii), by striking ‘‘delivery’’ tive expenses. after the semicolon; and inserting ‘‘administration’’; ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— (ii) in subparagraph (C), by striking the pe- (IV) in clause (iv)— There are authorized to be appropriated to riod and inserting a semicolon; and (aa) by inserting ‘‘the’’ after ‘‘supporting’’; carry out this subsection such sums as may (iii) by adding at the end the following: and be necessary for fiscal year 2006 and each of ‘‘(D) the average cost of attending an insti- (bb) by striking ‘‘and’’ after the semicolon; the 5 succeeding fiscal years.’’. tution of higher education, disaggregated by (V) in clause (v), by striking ‘‘systems that SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. category, as described in subsection (b)(3), of support those programs.’’ and inserting ‘‘the Section 121(a) (20 U.S.C. 1011j(a)) is amend- institution of higher education; administration of the Federal student assist- ed— ‘‘(E) the average annual cost of attending ance programs authorized under title IV; (1) in paragraph (1), by striking ‘‘1999’’ and an institution of higher education for the 10 and’’; and inserting ‘‘2006’’; and academic years preceding the year for which (VI) by adding at the end the following: (2) in paragraph (2), by striking ‘‘1999’’ and the study is conducted (if available), ‘‘(vi) ensuring the integrity of the student inserting ‘‘2006’’. disaggregated by category, as described in assistance programs authorized under title subsection (b)(3), of institution of higher SEC. 108. COST OF HIGHER EDUCATION. IV.’’; and education; and Section 131 (20 U.S.C. 1015) is amended— (iii) in subparagraph (B), by striking ‘‘oper- ‘‘(F) the assistance provided to institutions (1) by striking subsection (b) and inserting ations and services’’ and inserting ‘‘activi- of higher education by each State, which in- ties and functions’’; and the following: formation the Secretary shall make avail- ‘‘(b) COLLEGE CONSUMER INFORMATION.— (3) in subsection (c)— able to the public.’’; ‘‘(1) IN GENERAL.—The Secretary shall (A) in paragraph (1)(C)— (C) in paragraph (3)— (i) in clause (iii), by striking ‘‘information make available to the public, on an annual (i) in the paragraph heading, by striking basis, the information described in para- and delivery’’; and ‘‘FINAL’’ and inserting ‘‘ANNUAL’’; graph (2), in a form that enables the public (ii) in clause (iv)— (ii) by striking ‘‘a report’’ and inserting (I) by striking ‘‘Developing an’’ and insert- to compare the information among institu- ‘‘an annual report’’; and tions of higher education. Such information ing ‘‘Developing’’; and (iii) by striking ‘‘not later than September (II) by striking ‘‘delivery and information shall be made available for each of the cat- 30, 2002’’; and egories described in paragraph (3) and up- system’’ and inserting ‘‘systems’’; (D) by striking paragraph (4) and inserting (B) in paragraph (2)— dated regularly. the following: ‘‘(2) INFORMATION.—The information de- (i) in subparagraph (A), by inserting ‘‘the’’ ‘‘(4) HIGHER EDUCATION COST INDEX.—The after ‘‘PBO and’’; and scribed in this paragraph is the following: Bureau of Labor Statistics, in consultation (ii) in subparagraph (B), by striking ‘‘Offi- ‘‘(A) Tuition and fees for a full-time under- with the Commissioner of Education Statis- cer’’ and inserting ‘‘Officers’’; and graduate student. tics, shall develop a higher education cost (C) in paragraph (3), by inserting ‘‘stu- ‘‘(B) Cost of attendance for a full-time un- index that tracks inflation changes in the dents,’’ after ‘‘consult with’’; dergraduate student. relevant costs associated with higher edu- (4) in subsection (d)— ‘‘(C) The average annual cost of attendance cation.’’. for a full-time undergraduate student for the (A) in paragraph (1), by striking the second SEC. 109. PERFORMANCE-BASED ORGANIZATION sentence; and 10 academic years preceding the year for FOR THE DELIVERY OF FEDERAL which the information is made available STUDENT FINANCIAL ASSISTANCE. (B) in paragraph (5)— under this subsection, or if data are not Section 141 (20 U.S.C. 1018) is amended— (i) in subparagraph (B), by striking ‘‘para- available for such 10 preceding academic (1) in subsection (a)— graph (2)’’ and inserting ‘‘paragraph (4)’’; and years, data for as many of such 10 preceding (A) in paragraph (1), by striking ‘‘oper- (ii) in subparagraph (C), by striking ‘‘this’’; academic years as are available. ational’’ and inserting ‘‘administrative and (5) in subsection (f)— ‘‘(D) The percentage of full-time under- oversight’’; and (A) in paragraph (2), by striking ‘‘to bor- graduate students receiving financial assist- (B) in paragraph (2)(D), by striking ‘‘of the rowers’’ and inserting ‘‘to students, bor- ance, including— operational functions’’ and inserting ‘‘and rowers,’’; and ‘‘(i) Federal grants; administration’’; (B) in paragraph (3)(A), by striking ‘‘(ii) State and local grants; (2) in subsection (b)— ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ‘‘(iii) institutional grants; and (A) in paragraph (1)— (6) in subsection (g)(3), by striking ‘‘not ‘‘(iv) loans to students. (i) in subparagraph (A), by striking ‘‘the more than 25’’; ‘‘(E) The percentage of students success- information systems administered by the (7) in subsection (h), by striking ‘‘organiza- fully transferring academic credit from an- PBO, and other functions performed by the tional effectiveness’’ and inserting ‘‘effec- other institution of higher education. PBO’’ and inserting ‘‘the Federal student fi- tiveness’’; ‘‘(F) Information regarding students who nancial assistance programs authorized (8) by striking subsection (i); have completed an undergraduate certificate under title IV’’; and (9) by redesignating subsection (j) as sub- or degree program and who are placed in em- (ii) by striking subparagraph (C) and in- section (i); and ployment. serting the following: (10) in subsection (i) (as redesignated by ‘‘(G) Information regarding students who ‘‘(C) assist the Chief Operating Officer in paragraph (9)), by striking ‘‘, including tran- have completed an undergraduate degree and identifying goals for— sition costs’’. who enroll in graduate education. ‘‘(i) the administration of the systems used SEC. 110. PROCUREMENT FLEXIBILITY. ‘‘(H) A ranking of the dollar and percent- to administer the Federal student financial Section 142 (20 U.S.C. 1018a) is amended— age increases in tuition for all institutions of assistance programs authorized under title (1) in subsection (b)— higher education for which data are avail- IV; and (A) in paragraph (1)— able, disaggregated by quartiles. ‘‘(ii) the updating of such systems to cur- (i) by striking ‘‘for information systems ‘‘(3) CATEGORIES.—The categories described rent technology.’’; and supporting the programs authorized under in this paragraph are as follows: (B) in paragraph (2)— title IV’’; and ‘‘(A) All institutions of higher education. (i) in the matter preceding subparagraph (ii) by striking ‘‘and’’ after the semicolon; ‘‘(B) 4-year public, degree-granting, insti- (A), by striking ‘‘administration of the infor- (B) in paragraph (2), by striking the period tutions of higher education. mation and financial systems that support’’ at the end and inserting ‘‘; and’’; and ‘‘(C) 2-year public, degree-granting, insti- and inserting ‘‘the administration of Fed- (C) by adding at the end the following: tutions of higher education. eral’’; ‘‘(3) through the Chief Operating Officer— ‘‘(D) 4-year, nonprofit, private, degree- (ii) in subparagraph (A)— ‘‘(A) to the maximum extent practicable, granting institutions of higher education. (I) in the matter preceding clause (i), by utilize procurement systems that streamline ‘‘(E) 2-year, nonprofit, private, degree- striking ‘‘of the delivery system for Federal operations, improve internal controls, and granting institutions of higher education. student assistance’’ and inserting ‘‘for the enhance management; and ‘‘(F) 4-year, for-profit, private, degree- Federal student assistance programs author- ‘‘(B) assess the efficiency of such systems granting institutions of higher education. ized under title IV’’; and assess such systems’ ability to meet ‘‘(G) 2-year, for-profit, private, degree- (II) by striking clauses (i) and (ii) and in- PBO requirements.’’; granting institutions of higher education. serting the following: (2) by striking subsection (c)(2) and insert- ‘‘(4) STANDARD DEFINITIONS.—In carrying ‘‘(i) the collection, processing, and trans- ing the following: out this section, the Secretary shall use the mission of data to students, institutions, ‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The standard definitions developed under sub- lenders, State agencies, and other authorized Chief Operating Officer shall, when appro- section (a)(3).’’; and parties; priate and consistent with the purposes of

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9654 CONGRESSIONAL RECORD — SENATE September 6, 2005 the PBO, acquire services related to the children’s cognitive (including language, ‘‘(C) employ strategies that— functions set forth in section 141(b)(2) from early literacy, and pre-numeracy), social, ‘‘(i) are based on scientifically based re- any entity that has the capability and capac- emotional, and physical development. search; ity to meet the requirements set by the PBO. ‘‘(4) EARLY CHILDHOOD EDUCATOR.—The ‘‘(ii) are specific to academic subject mat- The Chief Operating Officer is authorized to term ‘early childhood educator’ means an in- ter; and pay fees that are equivalent to those paid by dividual with primary responsibility for the ‘‘(iii) focus on identification and tailoring other entities to an organization that pro- education of children in an early childhood of academic instruction to students’ specific vides services that meet the requirements of education program. learning needs, particularly students with the PBO, as determined by the Chief Oper- ‘‘(5) EDUCATIONAL SERVICE AGENCY.—The disabilities, students who are limited ating Officer.’’; term ‘educational service agency’ has the English proficient, and students who are (3) in subsection (d)(2)(B), by striking ‘‘on meaning given such term in section 9101 of gifted and talented; Federal Government contracts’’; the Elementary and Secondary Education ‘‘(D) conduct ongoing assessment of stu- (4) in subsection (g)— Act of 1965. dent learning; (A) in paragraph (4)(A)— ‘‘(6) EXEMPLARY TEACHER.—The term ‘ex- ‘‘(E) effectively manage a classroom; (i) in the subparagraph heading, by strik- emplary teacher’ has the meaning given such ‘‘(F) communicate and work with parents ing ‘‘SOLE SOURCE.—’’ and inserting ‘‘SINGLE- term in section 9101 of the Elementary and and guardians, and involve parents and SOURCE BASIS.—’’; and Secondary Education Act of 1965. guardians in their children’s education; and (ii) by striking ‘‘sole-source’’ and inserting ‘‘(7) HIGH-NEED LOCAL EDUCATIONAL AGEN- ‘‘(G) in the case of an early childhood edu- ‘‘single-source’’; and CY.—The term ‘high-need local educational cator, use age appropriate strategies and (B) in paragraph (7), by striking ‘‘sole- agency’ means a local educational agency or practices for children in early childhood edu- source’’ and inserting ‘‘single-source’’; educational service agency— cation programs. ‘‘(A)(i) that serves not fewer than 10,000 (5) in subsection (h)(2)(A), by striking ‘‘SEC. 202. STATE GRANTS. children from low-income families; ‘‘sole-source’’ and inserting ‘‘single-source’’; ‘‘(a) IN GENERAL.—From amounts made ‘‘(ii) for which not less than 20 percent of and available under section 209(a)(1) for a fiscal the children served by the agency are chil- (6) in subsection (l), by striking paragraph year, the Secretary is authorized to award (3) and inserting the following: dren from low-income families; or ‘‘(iii) with a total of less than 600 students grants under this section, on a competitive ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘sin- basis, to eligible States to enable the eligible gle-source basis’, with respect to an award of in average daily attendance at the schools that are served by the agency and all of States to carry out the activities described a contract, means that the contract is in subsections (d) and (e). awarded to a source after soliciting an offer whose schools are designated with a school locale code of 7 or 8, as determined by the ‘‘(b) ELIGIBLE STATE.— or offers from, and negotiating with, only ‘‘(1) DEFINITION.—In this part, the term ‘el- such source (although such source is not the Secretary; and ‘‘(B)(i) for which there is a high percentage igible State’ means— only source in the marketplace capable of ‘‘(A) the Governor of a State; or meeting the need) because such source is the of teachers not teaching in the academic subject areas or grade levels in which the ‘‘(B) in the case of a State for which the most advantageous source for purposes of constitution or law of such State designates the award.’’. teachers were trained to teach; or ‘‘(ii) for which there is a high teacher turn- another individual, entity, or agency in the TITLE II—TEACHER QUALITY over rate or a high percentage of teachers State to be responsible for teacher certifi- ENHANCEMENT with emergency, provisional, or temporary cation or licensure and preparation activity, SEC. 201. TEACHER QUALITY ENHANCEMENT certification or licensure. such individual, entity, or agency. GRANTS FOR STATES AND PARTNER- ‘‘(8) HIGHLY QUALIFIED.—The term ‘highly ‘‘(2) CONSULTATION.—The Governor or the SHIPS. qualified’ has the meaning given such term individual, entity, or agency designated Part A of title II (20 U.S.C. 1021 et seq.) is in section 9101 of the Elementary and Sec- under paragraph (1)(B) shall consult with the amended to read as follows: ondary Education Act of 1965 and, with re- Governor, State board of education, State ‘‘PART A—TEACHER QUALITY ENHANCE- spect to special education teachers, in sec- educational agency, State agency for higher MENT GRANTS FOR STATES AND PART- tion 602 of the Individuals with Disabilities education, or other applicable State entities NERSHIPS Education Act. (including the State agency responsible for ‘‘SEC. 201. PURPOSES; DEFINITIONS. ‘‘(9) PROFESSIONAL DEVELOPMENT.—The early childhood education), as appropriate, ‘‘(a) PURPOSES.—The purposes of this part term ‘professional development’ has the with respect to the activities assisted under are to— meaning given such term in section 9101 of this section, including the development of ‘‘(1) improve student achievement; the Elementary and Secondary Education the grant application and implementation of ‘‘(2) improve the quality of the current and Act of 1965. the activities. future teaching force by improving the prep- ‘‘(10) SCIENTIFICALLY BASED READING RE- ‘‘(3) CONSTRUCTION.—Nothing in this sub- aration of prospective teachers and enhanc- SEARCH.—The term ‘scientifically based read- section shall be construed to negate or su- ing professional development activities; ing research’ has the meaning given such persede the legal authority under State law ‘‘(3) hold institutions of higher education term in section 1208 of the Elementary and of any State agency, State entity, or State accountable for preparing highly qualified Secondary Education Act of 1965. public official over programs that are under teachers; and ‘‘(11) SCIENTIFICALLY BASED RESEARCH.— the jurisdiction of the agency, entity, or offi- ‘‘(4) recruit qualified individuals, including The term ‘scientifically based research’ has cial. minorities and individuals from other occu- the meaning given such term in section 9101 ‘‘(c) APPLICATION.—To be eligible to receive pations, into the teaching force. of the Elementary and Secondary Education a grant under this section, an eligible State ‘‘(b) DEFINITIONS.—In this part: Act of 1965. shall submit an application to the Secretary ‘‘(1) ARTS AND SCIENCES.—The term ‘arts ‘‘(12) TEACHER MENTORING.—The term that— and sciences’ means— ‘teacher mentoring’ means mentoring of ‘‘(1) meets the requirement of this section; ‘‘(A) when referring to an organizational teachers through an established or imple- ‘‘(2) demonstrates that the eligible State is unit of an institution of higher education, mented program— in full compliance with— any academic unit that offers 1 or more aca- ‘‘(A) that includes qualifications for men- ‘‘(A) sections 206(b) and 207; and demic majors in disciplines or content areas tors; ‘‘(B) if applicable, sections 207(b) and 208, corresponding to the academic subject areas ‘‘(B) that provides training for mentors; as such sections were in effect on the day be- in which teachers provide instruction; and ‘‘(C) that provides regular and ongoing op- fore the date of enactment of the Higher ‘‘(B) when referring to a specific academic portunities for mentors and mentees to ob- Education Amendments of 2005; subject area, the disciplines or content areas serve each other’s teaching methods in class- ‘‘(3) includes a description of how the eligi- in which academic majors are offered by the room settings during the school day; ble State intends to use funds provided under arts and sciences organizational unit. ‘‘(D) in which the mentoring is provided by this section; ‘‘(2) CHILDREN FROM LOW-INCOME FAMI- a colleague who teaches in the same field, ‘‘(4) includes measurable objectives for the LIES.—The term ‘children from low-income grade, or subject as the mentee; and use of the funds provided under this section; families’ means children as described in sec- ‘‘(E) that includes— ‘‘(5) describes how funded activities will— tion 1124(c)(1)(A) of the Elementary and Sec- ‘‘(i) common planning time or regularly ‘‘(A) reduce shortages, if any, of— ondary Education Act of 1965. scheduled collaboration with teachers in the ‘‘(i) highly qualified general and special ‘‘(3) EARLY CHILDHOOD EDUCATION PRO- teachers’ same field, grade, or subject area; education teachers, including in low-income GRAM.—The term ‘early childhood education and urban and rural areas and in high-need aca- program’ means a Head Start program or an ‘‘(ii) additional professional development demic subject areas; and Early Head Start program carried out under opportunities. ‘‘(ii) fully competent early childhood edu- the Head Start Act (42 U.S.C. 9831 et seq.), a ‘‘(13) TEACHING SKILLS.—The term ‘teach- cators; and State licensed or regulated child care pro- ing skills’ means the ability to— ‘‘(B) be consistent with State, local, and gram or school, or a State prekindergarten ‘‘(A) increase student achievement; other education reform activities that pro- program that serves children from birth ‘‘(B) effectively convey and explain aca- mote effective teaching skills and student through kindergarten and that addresses the demic subject matter; academic achievement and consistent with

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State early learning standards for early ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE- ing data systems or to develop an integrated childhood education programs, including MENTS.—Reforming teacher certification or statewide data system. how funded activities will support carrying licensure requirements to ensure that— ‘‘(e) ALLOWABLE USES OF FUNDS.—An eligi- out the applicable requirements of the eligi- ‘‘(A) teachers have the academic content ble State that receives a grant under this ble State under sections 1111 and 1119 of the knowledge and teaching skills in the aca- section may use the grant funds to reform Elementary and Secondary Education Act of demic subject areas that the teachers teach 1965, and section 612(a)(14) of the Individuals that are necessary to help students meet teacher preparation requirements, to coordi- with Disabilities Education Act; challenging State student academic achieve- nate with State activities under section ‘‘(6) contains an assurance that the eligible ment standards; 2113(c) of the Elementary and Secondary State will carry out each of the intended ‘‘(B) such requirements are aligned with Education Act of 1965 and subsections (a) and uses of grant funds described in paragraph challenging State academic content stand- (b) of section 654 of the Individuals with Dis- (3); ards; abilities Education Act, and to ensure that ‘‘(7) describes the eligible State’s— ‘‘(C) teacher certification and licensure as- current and future teachers are highly quali- ‘‘(A) current capacity to measure the effec- sessments are— fied, by carrying out any of the following ac- tiveness of teacher preparation programs and ‘‘(i) used for purposes for which such as- tivities: professional development activities within sessments are valid and reliable; ‘‘(1) ALTERNATIVES TO TRADITIONAL PREPA- the State using available statewide data; ‘‘(ii) consistent with relevant, professional, RATION FOR TEACHING AND STATE CERTIFI- ‘‘(B) activities to enhance or expand the in- and technical standards; and CATION OR LICENSURE.—Providing prospective tegration of existing data systems to better ‘‘(iii) aligned with the reporting require- teachers with alternative routes to State measure the effectiveness of teacher prepara- ments of sections 205 and 206; and certification or licensure and alternative tion programs and professional development ‘‘(D) such requirements for high-need aca- route programs to become highly qualified activities within the State; or demic subject areas (such as reading, mathe- teachers through— ‘‘(C) if such data systems do not exist, matics, science, and foreign language, in- ‘‘(A) innovative approaches that reduce un- plans for the development of an integrated cluding less commonly taught languages) necessary barriers to State certification or statewide data system to measure the effec- and high-need areas (such as special edu- licensure while producing highly qualified tiveness of teacher preparation programs and cation, language instruction educational teachers; professional development activities within programs, and early childhood education) ‘‘(B) a selective means for admitting indi- the State using available statewide data; and exist and reflect qualifications to help stu- viduals into such programs that includes ‘‘(8) contains such other information and dents meet high standards, which may in- passage of State approved teacher examina- assurances as the Secretary may require. clude the development of a State test for tions in appropriate subject areas; ‘‘(d) REQUIRED USES OF FUNDS.—An eligible such areas. ‘‘(C) programs that help prospective teach- State that receives a grant under this sec- ‘‘(3) EVALUATION.— ers develop effective teaching skills and tion shall use the grant funds to reform ‘‘(A) ANNUAL EVALUATION.—An eligible strategies through knowledge of research- teacher preparation requirements, to coordi- State that receives a grant under this sec- based information on the learning process nate with State activities under section tion shall evaluate annually the effective- and learning practices; 2113(c) of the Elementary and Secondary ness of teacher preparation programs and ‘‘(D) programs that provide support to Education Act of 1965 and subsections (a) and professional development activities within teachers during the teachers’ initial years in (b) of section 654 of the Individuals with Dis- the State. To the extent practicable, such the profession; and abilities Education Act, and to ensure that evaluation shall examine— ‘‘(E) alternative routes to State certifi- current and prospective teachers are highly ‘‘(i) teachers’ contributions to improving cation or licensure of teachers for qualified qualified, by carrying out each of the fol- student academic achievement, as measured individuals, including mid-career profes- lowing activities: by State academic assessments required sionals from other occupations, paraprofes- ‘‘(1) REFORMS.—Ensuring that all teacher under section 1111(b)(3) of the Elementary sionals, former military personnel, and re- preparation programs in the State are pre- and Secondary Education Act of 1965; and cent college graduates with records of aca- paring current or prospective teachers to be- ‘‘(ii) teacher mastery of the academic sub- demic distinction. come highly qualified, to understand sci- ject matter the teachers teach. ‘‘(2) INNOVATIVE PROGRAMS.—Planning and entifically based research and its applica- ‘‘(B) PUBLIC REPORTING.—The eligible State implementing innovative programs to en- bility, and to use technology effectively, in- shall make the information described in sub- hance the ability of institutions of higher cluding use of instructional techniques to paragraph (A) (except such information that education, including charter colleges of edu- improve student academic achievement, by is individually identifiable) widely available cation, or university and local educational assisting such programs— through public means, such as posting on the agency partnership schools, to prepare high- ‘‘(A) in retraining faculty; Internet, distribution to the media, and dis- ly qualified teachers, which programs shall— ‘‘(B) in designing (or redesigning) teacher tribution through public agencies. ‘‘(A) permit flexibility in the manner in preparation programs so that such pro- ‘‘(C) BETTER MEASUREMENT OF EFFECTIVE- which the institution of higher education grams— NESS.— meets State requirements as long as grad- ‘‘(i) are based on rigorous academic con- ‘‘(i) IN GENERAL.—An eligible State that re- uates, during the graduates’ initial years in tent and scientifically based research (in- ceives a grant under this section and does the profession, increase student academic cluding scientifically based reading re- not have the capacity to measure the effec- achievement; search), and aligned with challenging State tiveness of teacher preparation programs and ‘‘(B) provide a description in the applica- academic content standards; professional development activities within tion of long-term data gathered from teach- ‘‘(ii) promote effective teaching skills; and the State using available statewide data, ers’ performance over multiple years in the ‘‘(iii) promote understanding of effective shall use a portion of funds received under classroom regarding the teachers’ ability to instructional strategies for students with this section to enhance or expand the inte- increase student academic achievement; special needs, including students with dis- gration of existing data systems, as de- ‘‘(C) ensure high-quality preparation of abilities, students who are limited English scribed in subsection (c)(7)(B), or develop an teachers from underrepresented groups; proficient, and students who are gifted and integrated statewide data system, as de- ‘‘(D) create performance measures that can talented; scribed in subsection (c)(7)(C), to better be used to document the effectiveness of in- ‘‘(C) in ensuring collaboration with depart- measure the effectiveness of teacher prepara- novative methods for preparing highly quali- ments, programs, or units outside of the tion programs on student learning and fied teachers; and teacher preparation program in relevant aca- achievement, and the impact of pre-service ‘‘(E) develop frameworks for exemplary in- demic content areas to ensure a successful and ongoing professional development on duction programs informed by research and combination of training in both teaching and teacher placement and retention. best practices. such content; ‘‘(ii) TECHNICAL QUALITY; STUDENT PRIVACY; ‘‘(3) TEACHER RECRUITMENT AND RETEN- ‘‘(D) in developing high-quality, rigorous FUNDS FROM OTHER SOURCES.—In carrying out TION.—Undertaking activities that develop clinical experiences (that include student clause (i), the eligible State shall ensure— and implement effective mechanisms to en- teaching experience) in which students par- ‘‘(I) the technical quality of the data sys- sure that local educational agencies and ticipate while enrolled in a teacher prepara- tem to maximize the validity, reliability, schools are able to recruit and retain highly tion program, lasting not less than 1 term, and accessibility of the data; qualified teachers, which may include the through dissemination of best practices, ‘‘(II) that student privacy is protected and following activities: technical assistance, or other relevant ac- that individually identifiable information ‘‘(A) PERFORMANCE BASED COMPENSATION.— tivities; and about students, their achievements, and Assisting local educational agencies in de- ‘‘(E) in collecting and using data, in col- their families remains confidential, in ac- veloping— laboration with institutions of higher edu- cordance with the Family Educational ‘‘(i) performance systems that reward cation, schools, and local educational agen- Rights and Privacy Act of 1974; and teachers who increase student academic cies, on teacher retention rates, by school, to ‘‘(III) that funds provided under this sec- achievement and take on additional respon- evaluate and strengthen the effectiveness of tion are used to supplement State efforts to sibilities, such as teacher mentoring and the State’s teacher support system. enhance or expand the integration of exist- serving as master teachers; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9656 CONGRESSIONAL RECORD — SENATE September 6, 2005 ‘‘(ii) strategies that provide differential ‘‘(II) assist teachers (including teachers tions of higher education identified under and bonus pay in high-need local educational who teach multiple subjects) to become section 207(a). agencies to recruit and retain— highly qualified. ‘‘(12) EVALUATION SUPPORT.—Performing ‘‘(I) principals; ‘‘(4) TEACHER SCHOLARSHIPS AND SUPPORT.— data collection, evaluation, and reporting to ‘‘(II) highly qualified teachers who teach in Providing— meet the requirements of subsection (d)(3). high-need academic subject areas (such as ‘‘(A) scholarships to help students, such as ‘‘(13) PROFESSIONAL ADVANCEMENT.—Devel- reading, mathematics, science, and foreign individuals who have been accepted by, or oping a professional advancement system language, including less commonly taught who are enrolled in, a program of under- to— languages); graduate education at an institution of high- ‘‘(A) initiate or enhance a system in which ‘‘(III) highly qualified teachers who teach er education, pay the costs of tuition, room, highly qualified teachers who pursue ad- in schools identified for school improvement board, and other expenses of completing a vanced licensure levels are required to dem- under section 1116(b) of the Elementary and teacher preparation program, if— onstrate increased competencies and under- Secondary Education Act of 1965; ‘‘(i) the Secretary establishes such require- take increased responsibilities for increased ‘‘(IV) highly qualified special education ments as the Secretary determines necessary compensation as the teachers progress teachers; to ensure that recipients of scholarships through levels established by the State; or ‘‘(V) highly qualified teachers specializing under this section who complete teacher ‘‘(B) provide opportunities for professional in teaching children who are limited English preparation programs— growth, including through— proficient; and ‘‘(I) subsequently teach in an early child- ‘‘(i) a nationally recognized advance ‘‘(VI) highly qualified teachers in low-in- hood education program or a high-need local credentialing system; or come urban and rural schools or districts. educational agency for a period of time ‘‘(ii) special certification in advanced placement or international baccalaureate ‘‘(B) ADDITIONAL MECHANISMS.—Developing equivalent to the period of time for which content, teaching gifted and talented stu- and implementing effective mechanisms to the recipient received scholarship assistance, dents, and pedagogy. ensure that local educational agencies and plus an additional 1 year; or ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds schools are able to— ‘‘(II) repay the amount of the scholarship if made available under this section shall be ‘‘(i) address needs identified with respect the recipient does not teach as described in used to supplement, and not supplant, other to— subclause (I); and Federal, State, and local funds that would ‘‘(I) underrepresented groups; ‘‘(ii) the eligible State provides an assur- otherwise be expended to carry out activities ‘‘(II) high-need academic subject areas ance that the eligible State will recruit mi- under this section. (such as reading, mathematics, science, and nority students to become highly qualified foreign language, including less commonly teachers; ‘‘SEC. 203. PARTNERSHIP GRANTS. taught languages); ‘‘(B) support services, if needed, to enable ‘‘(a) GRANTS.—From amounts made avail- ‘‘(III) high-need areas (such as special edu- scholarship recipients to complete postsec- able under section 209(a)(2) for a fiscal year, cation, language instruction educational ondary education programs, or to move from the Secretary is authorized to award grants programs, and early childhood education); a career outside of the field of education into under this section, on a competitive basis, to ‘‘(IV) high-need communities, such as rural a teaching career; and eligible partnerships to enable the eligible and urban areas; ‘‘(C) follow-up services to former scholar- partnerships to carry out the activities de- ‘‘(V) high-need schools, including schools ship recipients during the recipients’ initial scribed in subsections (e) and (f). with high rates of teacher turnover; and years of teaching. ‘‘(b) DEFINITIONS.— ‘‘(VI) students with disabilities and stu- ‘‘(5) TEACHER REMOVAL.—Developing and ‘‘(1) ELIGIBLE PARTNERSHIP.— dents who are limited English proficient; implementing effective mechanisms to en- ‘‘(A) IN GENERAL.—In this part, the term ‘‘(ii) offer teacher mentoring for new sure that local educational agencies and ‘eligible partnership’ means an entity that schools are able to expeditiously remove in- shall include— teachers during such teachers’ initial years competent or unqualified teachers consistent ‘‘(i) a partner institution; of teaching; and with procedures to ensure due process for the ‘‘(ii) a school of arts and sciences; ‘‘(iii) provide access to ongoing profes- teachers. ‘‘(iii) a high-need local educational agency sional development opportunities for teach- ‘‘(6) TEACHER EFFECTIVENESS.—Devel- and a school or a consortium of schools ers and administrators. oping— served by the agency; and ‘‘(C) TEACHER ADVANCEMENT.—Assisting ‘‘(A) systems to measure the effectiveness ‘‘(iv) at least 1 individual or entity de- local educational agencies in developing of teacher preparation programs and profes- scribed in subparagraph (B). teacher advancement and retention initia- sional development programs; and ‘‘(B) ADDITIONAL INDIVIDUALS AND ENTI- tives that promote professional growth and ‘‘(B) strategies to document gains in stu- TIES.—In this part, the term ‘eligible part- emphasize multiple career paths (such as dent academic achievement or increases in nership’ means an entity that shall include paths to becoming a highly qualified mentor teacher mastery of the academic subject at least 1 of the following: teacher or exemplary teacher) and pay dif- matter the teachers teach, as a result of ‘‘(i) A Governor. ferentiation. such programs. ‘‘(ii) A State educational agency. ‘‘(D) RECRUIT QUALIFIED PROFESSIONALS.— ‘‘(7) EARLY CHILDHOOD EDUCATORS.—Devel- ‘‘(iii) A State board of education. Developing recruitment programs or assist- oping strategies to improve and expand ‘‘(iv) A State agency for higher education. ing local educational agencies in— teacher preparation programs for early ‘‘(v) A school or department within the ‘‘(i) recruiting qualified professionals from childhood educators to teach in early child- partner institution focusing on education, other fields, including highly qualified para- hood education programs. psychology, human development, or a de- professionals (as defined in section 2102 of ‘‘(8) PROFESSIONAL DEVELOPMENT.—Devel- partment with comparable expertise in the the Elementary and Secondary Education oping and enhancing high-quality profes- disciplines of teaching, learning, and child Act of 1965); and sional development, instructional materials, and adolescent development. ‘‘(ii) providing such professionals with al- and relevant training materials. ‘‘(vi) An institution of higher education or ternative routes to teacher certification or ‘‘(9) TECHNOLOGY.—Assisting teachers to a department within such institution, not licensure. use technology effectively, including use for described in subparagraph (A). ‘‘(E) UNDERREPRESENTED POPULATIONS.— instructional techniques and the collection, ‘‘(vii) A public charter school. Providing increased opportunities for mi- management, and analysis of data to im- ‘‘(viii) A public or private elementary norities, individuals with disabilities, and prove teaching, learning, and decision mak- school or secondary school. other individuals underrepresented in the ing for the purpose of increasing student aca- ‘‘(ix) A public or private nonprofit edu- teaching profession. demic achievement. cational organization. ‘‘(F) RURAL EDUCATION RECRUITMENT AND ‘‘(10) AREAS OF INSTRUCTIONAL SHORTAGE.— ‘‘(x) A business. RETENTION PROGRAMS.—Making grants to Increasing the number of— ‘‘(xi) A science-, mathematics-, or tech- rural school districts, or a consortia of rural ‘‘(A) teachers in the classroom providing nology-oriented entity. school districts, to implement— instruction in high-need academic subject ‘‘(xii) An early childhood education pro- ‘‘(i) teacher recruitment strategies, which areas (such as reading, mathematics, gram. may include tuition assistance, student loan science, and foreign language, including less ‘‘(xiii) A teacher organization. forgiveness, housing assistance, bonus pay, commonly taught languages) and high-need ‘‘(xiv) An educational service agency. and other effective approaches; areas (such as special education, language ‘‘(xv) A consortium of local educational ‘‘(ii) teacher retention strategies, such as instruction educational programs, and early agencies. mentoring programs and ongoing opportuni- childhood education); and ‘‘(xvi) A nonprofit telecommunications en- ties for professional growth and advance- ‘‘(B) special education faculty dedicated to tity. ment; and preparing highly qualified special education ‘‘(2) PARTNER INSTITUTION.—In this section, ‘‘(iii) partnerships with institutions of teachers at institutions of higher education. the term ‘partner institution’ means an in- higher education designed to— ‘‘(11) TECHNICAL ASSISTANCE.—Providing stitution of higher education, which may in- ‘‘(I) prepare beginning teachers to teach; technical assistance to low-performing pro- clude a 2-year institution of higher edu- and grams of teacher preparation within institu- cation offering a dual program with a 4-year

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subject matter knowledge in the content applicable), and challenging academic con- ‘‘(B) in designing (or redesigning) teacher area in which the teacher intends to teach; tent standards, established by the State in preparation programs so that such pro- or which the partnership is located; grams— ‘‘(ii) being ranked among the highest-per- ‘‘(E) how faculty of the teacher prepara- ‘‘(i) are based on rigorous academic con- forming teacher preparation programs in the tion program at the partner institution will tent and scientifically based research (in- State as determined by the State— serve, over the period of the grant, with cluding scientifically based reading re- ‘‘(I) using criteria consistent with the re- highly qualified teachers in the classrooms search), and aligned with challenging State quirements for the State report card under of the high-need local educational agency in- academic content standards and for early section 206(b); and cluded in the eligible partnership; childhood educators, aligned with State ‘‘(II) using the State report card on teacher ‘‘(F) how the eligible partnership will en- early learning standards; preparation required under section 206(b), sure that teachers, principals, and super- ‘‘(ii) promote effective teaching skills; after the first publication of such report card intendents in all schools (including private ‘‘(iii) promote understanding of effective and for every year thereafter; or schools, as appropriate) located in the geo- instructional strategies for students with ‘‘(B) that requires all the students of the graphic areas served by an eligible partner- special needs, including students with dis- program to meet high academic standards ship under this section are provided informa- abilities, students who are limited English and participate in intensive clinical experi- tion about the activities carried out with proficient, students who are gifted and tal- ence, and— funds under this section, including through ented, and children in early childhood edu- ‘‘(i) in the case of secondary school can- electronic means; cation programs; and didates, to successfully complete— ‘‘(G) how the eligible partnership will de- ‘‘(iv) promote high-quality mathematics, ‘‘(I) a major or its equivalent in sign, implement, or enhance the clinical pro- science, and foreign language instruction, coursework in the academic subject area in gram component, including promoting close where applicable; which the candidate intends to teach; or supervision of student teachers by faculty of ‘‘(C) in ensuring collaboration with depart- ‘‘(II) a related major in the academic sub- the teacher preparation program and mentor ments, programs, or units outside of the ject area in which the candidate intends to teachers while in the program and during the teacher preparation program in all academic teach; student teachers’ initial years of teaching if content areas to ensure a successful com- hired by schools included in the eligible bination of training in both teaching and ‘‘(ii) in the case of elementary school can- partnership; such content; and didates, to successfully complete— ‘‘(H) how the eligible partnership will de- ‘‘(D) in developing high-quality, rigorous ‘‘(I) an academic major or its equivalent in velop or enhance an induction program that clinical experiences, lasting not less than 1 coursework in the arts and sciences; or includes high-quality professional develop- term, through dissemination of best prac- ‘‘(II) a major in elementary education with ment to support new teachers during the tices, technical assistance, or other relevant a significant amount of coursework in the teachers’ initial years of teaching that in- activities. arts and sciences; and cludes teacher mentoring and collaborating ‘‘(2) CLINICAL EXPERIENCE AND INTER- ‘‘(iii) in the case of early childhood edu- with teachers in the same grade, depart- ACTION.—Improving sustained and high-qual- cators, to become fully competent and meet ment, or field; and ity preservice clinical experiences, includ- degree requirements, as established by the ‘‘(I) how the eligible partnership will col- ing— State. lect, analyze, use, and disseminate data on ‘‘(A) providing teacher mentoring; and ‘‘(c) APPLICATION.—Each eligible partner- the retention of all teachers in schools lo- ‘‘(B) substantially increasing interaction ship desiring a grant under this section shall cated in the geographic areas served by the between faculty at institutions of higher submit an application to the Secretary at eligible partnership to evaluate the effec- education and new and experienced teachers, such time, in such manner, and accompanied tiveness of its teacher support system; and principals, and other administrators at ele- by such information as the Secretary may ‘‘(6) an assurance that the eligible partner- mentary schools or secondary schools, and require. Each such application shall con- ship will carry out each of the activities de- providing support, including preparation tain— scribed in paragraph (5). time and release time, for such interaction. ‘‘(1) a needs assessment of all the partners ‘‘(d) CONSULTATION.— ‘‘(3) SUPPORT PROGRAMS FOR NEW TEACH- with respect to the preparation, induction, ‘‘(1) IN GENERAL.—Members of an eligible ERS.—Creating a program to support new and professional development of early child- partnership that receives a grant under this teachers during the initial years of teaching hood educators, general and special edu- section shall engage in regular consultation (for not less than 1 year and not more than cation teachers, and principals; throughout the development and implemen- 3 years). Such program shall promote effec- ‘‘(2) a description of the extent to which tation of programs and activities under this tive teaching skills and may include the fol- the teacher preparation program of the eligi- section. lowing components: ble partnership prepares new teachers with ‘‘(2) REGULAR COMMUNICATION.—To ensure ‘‘(A) Development of skills in educational effective teaching skills; timely and meaningful consultation, regular interventions based on scientifically based ‘‘(3) a description of how the eligible part- communication shall occur among all mem- research. nership will coordinate with other teacher bers of the eligible partnership, including ‘‘(B) Development of knowledge of scientif- preparation or professional development pro- the high-need local educational agency. Such ically based research on teaching and learn- grams, including those funded under the Ele- communication shall continue throughout ing. mentary and Secondary Education Act of the implementation of the grant and the as- ‘‘(C) Inclusion of faculty who model the in- 1965 and the Individuals with Disabilities sessment of programs and activities under tegration of research and practice in the Education Act, and how the activities of the this section. classroom. eligible partnership will be consistent with ‘‘(3) WRITTEN CONSENT.—The Secretary ‘‘(D) Opportunities for— State, local, and other education reform ac- may approve changes in grant activities only ‘‘(i) high-quality teacher mentoring; and tivities that promote student achievement; if a written consent signed by all members of ‘‘(ii) additional professional development, ‘‘(4) a resource assessment that describes the eligible partnership is submitted to the dissemination of evidence-based research on the resources available to the eligible part- Secretary. educational practices, and professional de- nership, the intended use of the grant funds ‘‘(e) REQUIRED USES OF FUNDS.—An eligible velopment activities. (including a description of how the grant partnership that receives a grant under this ‘‘(E) Interdisciplinary collaboration among funds will be fairly distributed), and the section shall use the grant funds to carry out exemplary teachers, faculty, researchers, commitment of the resources of the eligible each of the following activities: and other staff who prepare new teachers on partnership to the activities assisted under ‘‘(1) REFORMS.—Ensuring that each teacher the learning process and the assessment of this part, including financial support, fac- preparation program and each early child- learning. ulty participation, time commitments, and hood educator preparation program, where ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligi- continuation of the activities when the grant applicable, of the eligible partnership that is ble partnership that receives a grant under period ends; assisted under this section addresses the this section may use the grant funds to carry ‘‘(5) a description of— needs identified in the needs assessment of out any of the following activities that ad- ‘‘(A) how the eligible partnership will meet the partnership and is preparing current or dress the needs identified in the needs assess- the purposes of this part; prospective teachers to be highly qualified, ment:

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‘‘(1) ALTERNATIVES TO TRADITIONAL PREPA- board, and other expenses of completing a American history and government, and RATION FOR TEACHING AND STATE CERTIFI- teacher preparation program, if— world history; and CATION OR LICENSURE.—The activity de- ‘‘(i) the Secretary establishes such require- ‘‘(B) creating externships for teachers and scribed in section 202(e)(1). ments as the Secretary determines necessary prospective teachers for field experience and ‘‘(2) DISSEMINATION AND COORDINATION.— to ensure that recipients of scholarships training through participation in business, Broadly disseminating information on effec- under this paragraph who complete teacher research, and work environments in high- tive practices used by the eligible partner- preparation programs— need academic subject areas (such as read- ship, and coordinating with the activities of ‘‘(I) subsequently teach in a high-need ing, mathematics, science, and foreign lan- the Governor, State board of education, local educational agency for a period of time guage, including less commonly taught lan- State agency for higher education, State equivalent to the period of time for which guages) and high-need areas (such as special agency responsible for early childhood edu- the recipient received the scholarship assist- education, language instruction educational cation, and State educational agency, as ap- ance, plus an additional 1 year; or programs, and early childhood education). propriate. ‘‘(II) repay the amount of the scholarship if ‘‘(12) GRADUATE PROGRAMS.—Developing, in ‘‘(3) INNOVATIVE PROGRAMS.—Developing in- the recipient does not teach as described in collaboration with departments, programs, novative programs designed to provide grad- subclause (I); and or units of both academic content and teach- uates of programs funded under this title ‘‘(ii) the eligible partnership provides an er education within a partner institution, with opportunities to continue their edu- assurance that the eligible partnership will master’s degree programs that meet the cation through supports and opportunities to recruit minority students to become highly demonstrated needs of teachers in the high- improve instructional practices in the initial qualified teachers; need local educational agency participating years of teaching, including the following: ‘‘(B) support services, if needed, to enable in the eligible partnership for content exper- ‘‘(A) INTERNSHIPS.— scholarship recipients to complete postsec- tise and teaching skills. ‘‘(i) TEACHER PREPARATION ENHANCEMENT ondary education programs, or to transition ‘‘(13) LITERACY TEACHER TRAINING.—Estab- INTERNSHIP.—Developing a 1-year paid in- from a career outside of the field of edu- lishing and implementing a program that ternship program for students who have cation into a teaching career; and strengthens content knowledge and teaching completed a 4-year teacher preparation pro- ‘‘(C) follow-up services for former scholar- skills of secondary school teachers in lit- gram, or alternative routes to State certifi- ship recipients during the recipients’ initial eracy that— cation or licensure program, to enable such years of teaching. ‘‘(A) provides teacher training and stipends students to develop the skills and experience ‘‘(6) COORDINATION WITH COMMUNITY COL- for literacy coaches who train classroom necessary for success in teaching, including LEGES.— teachers to implement literacy programs; providing intensive clinical training and ‘‘(A) TEACHER PREPARATION PROGRAMS.— ‘‘(B) develops or redesigns rigorous re- combining in-service instruction in teacher Coordinating with 2-year institutions of search-based curricula that are aligned with methods and assessments with classroom ob- higher education to implement teacher prep- challenging State and local academic con- servations, experiences, and practices. Such aration programs, including through dis- tent standards, and with postsecondary interns shall have a reduced teaching load tance learning, for the purposes of allowing standards for reading and writing; and a mentor for assistance in the class- prospective teachers— ‘‘(C) provides training and stipends for room. ‘‘(i) to obtain a bachelor’s degree and State teachers to tutor students with intense indi- ‘‘(ii) MID-CAREER PROFESSIONAL INTERN- certification or licensure; and vidualized reading, writing, and subject mat- SHIPS.—Developing a 1-year paid internship ‘‘(ii) to become highly qualified teachers. ter instruction during or beyond the school program for mid-career professionals from ‘‘(B) PROFESSIONAL DEVELOPMENT.—Coordi- day; other occupations, former military per- nating with 2-year institutions of higher ‘‘(D) provides opportunities for teachers to sonnel, and recent college graduates from education to provide professional develop- plan and assess instruction with other teach- fields other than teacher preparation with ment that— ers, school leaders, and faculty at institu- records of academic distinction to enable ‘‘(i) improves the academic content knowl- tions of higher education; and such individuals to develop the skills and ex- edge of teachers in the academic subject ‘‘(E) establishes an evaluation and ac- perience necessary for success in teaching, areas in which the teachers are certified or including providing intensive clinical train- licensed to teach, or in which the teachers countability plan for activities conducted ing and combining in-service instruction in are working toward certification or licensure under this paragraph to measure the impact teacher methods and assessments with class- to teach; and of such activities. room observations, experiences, and prac- ‘‘(ii) promotes effective teaching skills. ‘‘(g) CONSTRUCTION.—Nothing in this sec- tion shall be construed to prohibit an eligi- tices. Such interns shall have a reduced ‘‘(7) CLINICAL EXPERIENCE IN SCIENCE, MATH- ble partnership from using grant funds to co- teaching load and a mentor for assistance in EMATICS, AND TECHNOLOGY.—Creating oppor- the classroom. tunities for clinical experience and training ordinate with the activities of eligible part- ‘‘(B) RESIDENCY PROGRAMS FOR NEW TEACH- for teachers and prospective teachers nerships in other States or on a regional ERS.—Supporting teachers in a residency through participation with professionals in basis through Governors, State boards of program that provides an induction period business, research, and work environments education, State educational agencies, State for all new general education and special in areas relating to science, mathematics, agencies responsible for early childhood edu- education teachers that includes— and technology, including opportunities for cation, local educational agencies, or State ‘‘(i) a forum for information sharing among using laboratory equipment. agencies for higher education. prospective teachers, teachers, principals, ‘‘(8) PROFESSIONAL DEVELOPMENT.—Cre- ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds administrators, and participating faculty in ating opportunities for enhanced and ongo- made available under this section shall be the partner institution; and ing professional development for experienced used to supplement, and not supplant, other ‘‘(ii) the application of scientifically based general education and special education Federal, State, and local funds that would research on teaching and learning generated teachers, early childhood educators, prin- otherwise be expended to carry out activities by entities such as the Institute of Edu- cipals, administrators, and faculty. under this section. cation Sciences, and the National Research ‘‘(9) TECHNOLOGY.—The activity described ‘‘SEC. 204. ADMINISTRATIVE PROVISIONS. Council of the National Academies. in section 202(e)(9). ‘‘(a) DURATION; NUMBER OF AWARDS; PAY- ‘‘(C) PATHWAYS FOR PARAPROFESSIONALS TO ‘‘(10) AREAS OF INSTRUCTIONAL SHORTAGE.— MENTS.— ENTER TEACHING.—Creating intensive pro- Increasing the number of— ‘‘(1) DURATION.— grams to provide the coursework and clinical ‘‘(A) teachers in the classroom providing ‘‘(A) ELIGIBLE STATES.—Grants awarded to experiences needed by highly qualified para- instruction in high-need academic subject eligible States under this part shall be professionals, as defined in section 2102 of areas (such as reading, mathematics, awarded for a period not to exceed 3 years. the Elementary and Secondary Education science, and foreign language, including less ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants Act of 1965, to qualify for State teacher cer- commonly taught languages), and high-need awarded to eligible partnerships under this tification or licensure. areas (such as special education, language part shall be awarded for a period of 5 years. ‘‘(4) MANAGERIAL AND LEADERSHIP SKILLS.— instruction educational programs, and early ‘‘(2) NUMBER OF AWARDS.—An eligible part- Developing and implementing proven mecha- childhood education); nership may not receive more than 1 grant nisms to provide principals and superintend- ‘‘(B) special education faculty dedicated to during a 5-year period. Nothing in this title ents with effective managerial, leadership, preparing highly qualified special education shall be construed to prohibit an individual curricula, and instructional skills that re- teachers at institutions of higher education; member, that can demonstrate need, of an sult in increased student academic achieve- and eligible partnership that receives a grant ment. ‘‘(C) faculty at institutions of higher edu- under this title from entering into another ‘‘(5) TEACHER SCHOLARSHIPS AND SUPPORT.— cation with expertise in instruction of stu- eligible partnership consisting of new mem- Providing— dents who are limited English proficient. bers and receiving a grant with such other ‘‘(A) scholarships to help students, such as ‘‘(11) IMPROVING INSTRUCTION.—Improving eligible partnership before the 5-year period individuals who have been accepted by, or instruction by— described in the preceding sentence applica- who are enrolled in, a program of under- ‘‘(A) improving understanding and instruc- ble to the eligible partnership with which graduate education at an institution of high- tion in core academic subjects and other, the individual member has first partnered er education, pay the costs of tuition, room, specialized courses, such as geography, has expired.

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‘‘(3) PAYMENTS.—The Secretary shall make stantial progress in meeting the following ‘‘(1) ELIGIBLE STATES.—If the Secretary de- annual payments of grant funds awarded goals, as applicable: termines that an eligible State is not mak- under this part. ‘‘(1) STUDENT ACADEMIC ACHIEVEMENT.—In- ing substantial progress in meeting the pur- ‘‘(b) PEER REVIEW.— creasing student academic achievement for poses, goals, objectives, and measures, as ap- ‘‘(1) PANEL.—The Secretary shall provide all students as defined by the eligible State. propriate, by the end of the second year of a the applications submitted under this part to ‘‘(2) RAISING STANDARDS.—Raising the grant under this part, then the grant pay- a peer review panel for evaluation. With re- State academic standards required to enter ment shall not be made for the third year of spect to each application, the peer review the teaching profession as a highly qualified the grant. panel shall initially recommend the applica- teacher, and where applicable, as a fully ‘‘(2) ELIGIBLE PARTNERSHIPS.—If the Sec- tion for funding or for disapproval. competent early childhood educator. retary determines that an eligible partner- ‘‘(2) PRIORITY.—In recommending applica- ‘‘(3) INITIAL CERTIFICATION OR LICENSURE.— ship is not making substantial progress in tions to the Secretary for funding under this Increasing success in the pass rates and meeting the purposes, goals, objectives, and part, the panel shall— scaled scores for initial State teacher certifi- measures, as appropriate, by the end of the ‘‘(A) with respect to grants under section cation or licensure, or increasing the num- third year of a grant under this part, then 202, give priority to eligible States— bers of qualified individuals being certified the grant payments shall not be made for ‘‘(i) that have innovative reforms to hold or licensed as teachers through alternative any succeeding year of the grant. institutions of higher education with teacher routes to State certification or licensure ‘‘(d) EVALUATION AND DISSEMINATION.—The preparation programs accountable for pre- programs. Secretary shall evaluate the activities fund- paring teachers to become highly qualified ‘‘(4) PERCENTAGE OF HIGHLY QUALIFIED ed under this part and report the Secretary’s and have effective teaching skills; TEACHERS.—Providing data on the progress of findings regarding the activities to the au- ‘‘(ii) that have innovative efforts aimed at the State towards meeting the highly quali- thorizing committees. The Secretary shall reducing the shortage of highly qualified fied teacher requirements under section broadly disseminate— general and special education teachers, in- 1119(a)(2) of the Elementary and Secondary ‘‘(1) successful practices developed by eligi- ble States and eligible partnerships under cluding in low-income urban and rural areas Education Act of 1965. this part; and and in high-need academic subject areas ‘‘(5) DECREASING TEACHER SHORTAGES.—De- ‘‘(2) information regarding such practices (such as reading, mathematics, science, and creasing shortages of— that were found to be ineffective. foreign language, including less commonly ‘‘(A) highly qualified teachers in— taught languages); and ‘‘(i) low-income urban and rural areas; ‘‘SEC. 206. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS. ‘‘(iii) whose awards promote an equitable ‘‘(ii) high-need academic subject areas ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT geographic distribution of grants among (such as reading, mathematics, science, and CARDS ON THE QUALITY OF TEACHER PREPARA- rural and urban areas; and foreign language, including less commonly TION.— ‘‘(B) with respect to grants under section taught languages); ‘‘(1) REPORT CARD.—Each institution of 203, give priority— ‘‘(iii) special education; and higher education that conducts a traditional ‘‘(i) to applications from broad-based eligi- ‘‘(iv) high-need areas (such as special edu- teacher preparation program or an alter- ble partnerships that involve businesses and cation, language instruction educational native routes to State certification or licen- community organizations; and programs, and early childhood education); sure program and that enrolls students re- ‘‘(ii) to eligible partnerships so that the and ceiving Federal assistance under this Act awards promote an equitable geographic dis- ‘‘(B) fully competent early childhood edu- shall report annually to the State and the tribution of grants among rural and urban cators. general public, in a uniform and comprehen- areas. ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES- sible manner that conforms with the defini- ‘‘(3) SECRETARIAL SELECTION.—The Sec- SIONAL DEVELOPMENT.—Increasing opportuni- tions and methods established by the Sec- retary shall determine, based on the peer re- ties for enhanced and ongoing professional retary, both for traditional teacher prepara- view process, which applications shall re- development that— tion programs and alternative routes to ceive funding and the amounts of the grants. ‘‘(A) improves the academic content State certification or licensure programs, In determining grant amounts, the Secretary knowledge of teachers in the academic sub- the following information: shall take into account the total amount of ject areas in which the teachers are certified ‘‘(A) PASS RATES AND SCALED SCORES.—For funds available for all grants under this part or licensed to teach or in which the teachers the most recent year for which the informa- and the types of activities proposed to be are working toward certification or licensure tion is available for those students who are carried out. to teach; and enrolled in the traditional teacher prepara- ‘‘(c) MATCHING REQUIREMENTS.— ‘‘(B) promotes effective teaching skills. tion program or alternative routes to State ‘‘(1) STATE GRANTS.—Each eligible State re- ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— certification or licensure program, or who ceiving a grant under section 202 shall pro- Each eligible partnership submitting an ap- have completed the traditional teacher prep- vide, from non-Federal sources, an amount plication for a grant under section 203 shall aration program or alternative routes to equal to 50 percent of the amount of the establish and include in such application, an State certification or licensure program dur- grant (in cash or in kind) to carry out the ac- evaluation plan that includes strong per- ing the 2-year period preceding such year, for tivities supported by the grant. formance objectives. The plan shall include each of the assessments used for teacher cer- ‘‘(2) PARTNERSHIP GRANTS.—Each eligible objectives and measures for increasing— tification or licensure by the State in which partnership receiving a grant under section ‘‘(1) student achievement for all students the program is located— 203 shall provide, from non-Federal sources as measured by the eligible partnership; ‘‘(i) the percentage of students who have (in cash or in kind), an amount equal to 25 ‘‘(2) teacher retention in the first 3 years of completed 100 percent of the nonclinical percent of the amount of the grant for the a teacher’s career; coursework and taken the assessment who first year of the grant, 35 percent of the ‘‘(3) success in the pass rates and scaled pass such assessment; amount of the grant for the second year of scores for initial State certification or licen- ‘‘(ii) the percentage of all students who the grant, and 50 percent of the amount of sure of teachers; passed each such assessment; the grant for each succeeding year of the ‘‘(4) the percentage of highly qualified ‘‘(iii) the percentage of students taking an grant. teachers hired by the high-need local edu- assessment who completed the teacher prep- ‘‘(d) LIMITATION ON ADMINISTRATIVE EX- cational agency participating in the eligible aration program after enrolling in the pro- PENSES.—An eligible State or eligible part- partnership; and gram, which shall be made available widely nership that receives a grant under this part ‘‘(5) the percentage of— and publicly by the State; may use not more than 2 percent of the grant ‘‘(A) highly qualified teachers among ‘‘(iv) the average scaled score for all stu- funds for purposes of administering the underrepresented groups, in high-need aca- dents who passed each such assessment; grant. demic subject areas (such as reading, mathe- ‘‘(v) a comparison of the program’s pass ‘‘(e) ADDITIONAL ACTIVITIES.—The Sec- matics, science, and foreign language, in- rates with the average pass rates for pro- retary shall use funds repaid pursuant to sec- cluding less commonly taught languages), in grams in the State; and tion 202(e)(4)(A)(i)(II) or section high-need areas (such as special education, ‘‘(vi) a comparison of the program’s aver- 203(f)(5)(A)(i)(II) to carry out additional ac- language instruction educational programs, age scaled scores with the average scaled tivities under section 202 or 203, respectively. and early childhood education), and in high- scores for programs in the State. ‘‘SEC. 205. ACCOUNTABILITY AND EVALUATION. need schools; ‘‘(B) PROGRAM INFORMATION.—The criteria ‘‘(a) STATE GRANT ACCOUNTABILITY RE- ‘‘(B) elementary school, middle school, and for admission into the program, the number PORT.—An eligible State that receives a secondary school classes taught by teachers of students in the program (disaggregated by grant under section 202 shall submit an an- who are highly qualified; race and gender), the average number of nual accountability report to the Secretary ‘‘(C) early childhood education program hours of supervised clinical experience re- and the authorizing committees. Such report classes taught by providers who are fully quired for those in the program, the number shall include a description of the degree to competent; and of full-time equivalent faculty and students which the eligible State, in using funds pro- ‘‘(D) highly qualified special education in the supervised clinical experience, and the vided under such section, has made progress teachers. total number of students who have been cer- in meeting the purposes of this part and sub- ‘‘(c) REVOCATION OF GRANT.— tified or licensed as teachers, disaggregated

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9660 CONGRESSIONAL RECORD — SENATE September 6, 2005 by subject and area of certification or licen- ‘‘(ii) the percentage of all such students at ‘‘(B) A comparison of eligible partnerships’ sure. all such institutions taking the assessment efforts to improve the quality of the current ‘‘(C) STATEMENT.—In States that require who pass such assessment; and and future teaching force. approval or accreditation of teacher prepara- ‘‘(iii) the percentage of students taking an ‘‘(C) The national mean and median scaled tion programs, a statement of whether the assessment who completed the teacher prep- scores and pass rate on any standardized test institution’s program is so approved or ac- aration program after enrolling in the pro- that is used in more than 1 State for teacher credited, and by whom. gram, which shall be made available widely certification or licensure. ‘‘(D) DESIGNATION AS LOW-PERFORMING.— and publicly by the State. ‘‘(3) SPECIAL RULE.—In the case of a teach- Whether the program has been designated as ‘‘(E) A description of alternative routes to er preparation program with fewer than 10 low-performing by the State under section State certification or licensure in the State, scores reported on any single initial teacher 207(a). if any, including, for each of the assessments certification or licensure assessment during ‘‘(E) USE OF TECHNOLOGY.—A description of used by the State for teacher certification or an academic year, the Secretary shall collect the activities that prepare teachers to effec- licensure— and publish information, and make publicly tively integrate technology into curricula ‘‘(i) the percentage of individuals partici- available, with respect to an average pass and instruction and effectively use tech- pating in such routes, or who have completed rate and scaled score on each State certifi- nology to collect, manage, and analyze data such routes during the 2-year period pre- cation or licensure assessment taken over a in order to improve teaching, learning, and ceding the date of the determination, who 3-year period. decision making for the purpose of increas- passed each such assessment; and ‘‘(d) COORDINATION.—The Secretary, to the ing student academic achievement. ‘‘(ii) the average scaled score of individuals extent practicable, shall coordinate the in- ‘‘(2) REPORT.—Each eligible partnership re- participating in such routes, or who have formation collected and published under this ceiving a grant under section 203 shall report completed such routes during the period pre- part among States for individuals who took annually on the progress of the eligible part- ceding the date of the determination, who State teacher certification or licensure as- nership toward meeting the purposes of this passed each such assessment. sessments in a State other than the State in part and the objectives and measures de- ‘‘(F) A description of the State’s criteria which the individual received the individ- scribed in section 205(b). for assessing the performance of teacher ual’s most recent degree. ‘‘(3) FINES.—The Secretary may impose a preparation programs within institutions of ‘‘SEC. 207. STATE FUNCTIONS. fine not to exceed $25,000 on an institution of higher education in the State. Such criteria ‘‘(a) STATE ASSESSMENT.—In order to re- higher education for failure to provide the shall include indicators of the academic con- ceive funds under this Act, a State shall information described in this subsection in a tent knowledge and teaching skills of stu- have in place a procedure to identify and as- timely or accurate manner. dents enrolled in such programs. sist, through the provision of technical as- ‘‘(G) For each teacher preparation program ‘‘(4) SPECIAL RULE.—In the case of an insti- sistance, low-performing programs of teach- tution of higher education that conducts a in the State, the criteria for admission into er preparation. Such State shall provide the traditional teacher preparation program or the program, the number of students in the Secretary an annual list of such low-per- an alternative routes to State certification program (disaggregated by race and gender), forming teacher preparation programs that or licensure program and has fewer than 10 the average number of hours of supervised includes an identification of those programs scores reported on any single initial teacher clinical experience required for those in the at risk of being placed on such list. Such lev- program, and the number of full-time equiv- certification or licensure assessment during els of performance shall be determined solely alent faculty, adjunct faculty, and students an academic year, the institution shall col- by the State and may include criteria based in supervised clinical experience. lect and publish information, as required on information collected pursuant to this ‘‘(H) For the State as a whole, and for each under paragraph (1)(A), with respect to an part. Such assessment shall be described in teacher preparation program in the State, average pass rate and scaled score on each the report under section 206(b). the number of teachers prepared, in the ag- State certification or licensure assessment ‘‘(b) TERMINATION OF ELIGIBILITY.—Any gregate and reported separately by— taken over a 3-year period. program of teacher preparation from which ‘‘(i) area of certification or licensure; the State has withdrawn the State’s ap- ‘‘(b) STATE REPORT CARD ON THE QUALITY ‘‘(ii) academic major; and proval, or terminated the State’s financial OF TEACHER PREPARATION.— ‘‘(iii) subject area for which the teacher support, due to the low performance of the ‘‘(1) IN GENERAL.—Each State that receives has been prepared to teach. program based upon the State assessment funds under this Act shall provide to the ‘‘(I) Using the data generated under sub- described in subsection (a)— Secretary, annually, in a uniform and com- paragraphs (G) and (H), a description of the ‘‘(1) shall be ineligible for any funding for prehensible manner that conforms with the extent to which teacher preparation pro- professional development activities awarded definitions and methods established by the grams are helping to address shortages of by the Department; Secretary, a State report card on the quality highly qualified teachers, by area of certifi- ‘‘(2) shall not be permitted to accept or en- of teacher preparation in the State, both for cation or licensure, subject, and specialty, in roll any student that receives aid under title traditional teacher preparation programs the State’s public schools, including those IV in the institution’s teacher preparation and for alternative routes to State certifi- areas described in section 205(a)(5). program; and cation or licensure programs, which shall in- ‘‘(J) A description of the activities that ‘‘(3) shall provide transitional support, in- clude not less than the following: prepare teachers to effectively integrate cluding remedial services if necessary, for ‘‘(A) A description of reliability and valid- technology into curricula and instruction students enrolled at the institution at the ity of the teacher certification and licensure and effectively use technology to collect, time of termination of financial support or assessments, and any other certification and manage, and analyze data in order to im- withdrawal of approval. licensure requirements, used by the State. prove teaching, learning, and decision mak- ‘‘(c) NEGOTIATED RULEMAKING.—If the Sec- ‘‘(B) The standards and criteria that pro- ing for the purpose of increasing student aca- retary develops any regulations imple- spective teachers must meet in order to at- demic achievement. menting subsection (b)(2), the Secretary tain initial teacher certification or licensure ‘‘(2) PROHIBITION AGAINST CREATING A NA- shall submit such proposed regulations to a and to be certified or licensed to teach par- TIONAL LIST.—The Secretary shall not create negotiated rulemaking process, which shall ticular academic subject areas or in par- a national list or ranking of States or include representatives of States, institu- ticular grades within the State. schools using the scaled scores provided tions of higher education, and educational ‘‘(C) A description of how the assessments under this subsection. and student organizations. and requirements described in subparagraph ‘‘(c) REPORT OF THE SECRETARY ON THE ‘‘(d) APPLICATION OF THE REQUIREMENTS.— (A) are aligned with the State’s challenging QUALITY OF TEACHER PREPARATION.— The requirements of this section shall apply academic content standards required under ‘‘(1) REPORT CARD.—The Secretary shall to both traditional teacher preparation pro- section 1111(b)(1) of the Elementary and Sec- provide to Congress, and publish and make grams and alternative routes to State cer- ondary Education Act of 1965 and State early widely available, a report card on teacher tification and licensure programs. learning standards for early childhood edu- qualifications and preparation in the United ‘‘SEC. 208. GENERAL PROVISIONS. cation programs. States, including all the information re- ‘‘(a) METHODS.—In complying with sections ‘‘(D) For each of the assessments used by ported in subparagraphs (A) through (J) of 206 and 207, the Secretary shall ensure that the State for teacher certification or licen- subsection (b)(1). Such report shall identify States and institutions of higher education sure— States for which eligible States and eligible use fair and equitable methods in reporting ‘‘(i) for each institution of higher edu- partnerships received a grant under this and that the reporting methods do not allow cation located in the State and each entity part. Such report shall be so provided, pub- identification of individuals. located in the State that offers an alter- lished, and made available annually. ‘‘(b) SPECIAL RULE.—For each State that native route for teacher certification or li- ‘‘(2) REPORT TO CONGRESS.—The Secretary does not use content assessments as a means censure, the percentage of students at such shall prepare and submit a report to Con- of ensuring that all teachers teaching in core institution or entity who have completed 100 gress that contains the following: academic subjects within the State are high- percent of the nonclinical coursework and ‘‘(A) A comparison of States’ efforts to im- ly qualified not later than the end of the taken the assessment who pass such assess- prove the quality of the current and future 2005–2006 school year, as required under sec- ment; teaching force. tion 1119 of the Elementary and Secondary

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9661 Education Act of 1965, and that each person ‘‘(2) 50 percent shall be available for each graphs (A) through (K)’’ and inserting ‘‘sub- employed as a special education teacher in fiscal year to award grants under section 203. paragraphs (A) through (M)’’; and the State who teaches elementary school, ‘‘(b) SPECIAL RULE.—If the Secretary deter- (3) by striking subsection (d) and inserting middle school, or secondary school is highly mines that there is an insufficient number of the following: qualified by such deadline, as required under meritorious applications for grants under ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— section 612(a)(14)(C) of the Individuals with section 202 or 203 to justify awarding the full ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eli- amount described in paragraph (1) or (2) of Disabilities Education Act,— gible to receive assistance under this sec- subsection (a), respectively, the Secretary ‘‘(1) the Secretary shall, to the extent tion, a Tribal College or University shall be practicable, collect data comparable to the may, after funding the meritorious applica- an eligible institution under section 312(b). data required under this part from States, tions, use the remaining funds for grants ‘‘(2) APPLICATION.— local educational agencies, institutions of under the other such section.’’. ‘‘(A) IN GENERAL.—A Tribal College or Uni- higher education, or other entities that ad- TITLE III—INSTITUTIONAL AID versity desiring to receive assistance under minister such assessments to teachers or SEC. 301. PROGRAM PURPOSE. this section shall submit an application to prospective teachers; and Section 311 (20 U.S.C. 1057) is amended— the Secretary at such time, and in such man- ‘‘(2) notwithstanding any other provision (1) in subsection (b)— ner, as the Secretary may reasonably re- of this part, the Secretary shall use such (A) in paragraph (1), by striking ‘‘351’’ and quire. data to carry out requirements of this part inserting ‘‘391’’; and ‘‘(B) STREAMLINED PROCESS.—The Sec- related to assessments, pass rates, and scaled (B) in paragraph (3)(F), by inserting ‘‘, in- retary shall establish application require- scores. cluding services that will assist in the edu- ‘‘(c) LIMITATIONS.— ments in such a manner as to simplify and cation of special populations’’ before the pe- streamline the process for applying for ‘‘(1) FEDERAL CONTROL PROHIBITED.—Noth- riod; and ing in this title shall be construed to permit, grants. (2) in subsection (c)— ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— allow, encourage, or authorize any Federal (A) in paragraph (6), by inserting ‘‘, includ- ‘‘(A) CONSTRUCTION GRANTS.— control over any aspect of any private, reli- ing innovative, customized, remedial edu- ‘‘(i) IN GENERAL.—Of the amount appro- gious, or home school, whether or not a cation and English language instruction home school is treated as a private school or priated to carry out this section for any fis- courses designed to help retain students and cal year, the Secretary may reserve 30 per- home school under State law. This section move the students rapidly into core courses shall not be construed to prohibit private, cent for the purpose of awarding 1-year and through program completion’’ before the grants of not less than $1,000,000 to address religious, or home schools from participation period; maintenance and renovation needs at eligi- in programs or services under this title. (B) by redesignating paragraphs (7) ble institutions. ‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR- through (12) as paragraphs (8) through (13), ‘‘(ii) PREFERENCE.—In providing grants AGED OR REQUIRED.—Nothing in this title respectively; under clause (i), the Secretary shall give shall be construed to encourage or require (C) by inserting after paragraph (6) the fol- preference to eligible institutions that have any change in a State’s treatment of any pri- lowing: not yet received an award under this section. vate, religious, or home school, whether or ‘‘(7) Education or counseling services de- ‘‘(B) ALLOTMENT OF REMAINING FUNDS.— not a home school is treated as a private signed to improve the financial literacy and ‘‘(i) IN GENERAL.—Except as provided in school or home school under State law. economic literacy of students or the stu- clause (ii), the Secretary shall distribute the ‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI- dents’ parents.’’; and CATION OR LICENSURE PROHIBITED.—Nothing (D) in the matter preceding subparagraph remaining funds appropriated for any fiscal in this title shall be construed to permit, (A) of paragraph (13) (as redesignated by sub- year to each eligible institution as follows: allow, encourage, or authorize the Secretary paragraph (B)), by striking ‘‘subsection (c)’’ ‘‘(I) 60 percent of the remaining appro- to establish or support any national system and inserting ‘‘subsection (b) and section priated funds shall be distributed among the of teacher certification or licensure. 391’’. eligible Tribal Colleges and Universities on a ELEASE OF NFORMATION TO EACHER pro rata basis, based on the respective Indian ‘‘(d) R I T SEC. 302. DEFINITIONS; ELIGIBILITY. PREPARATION PROGRAMS.— Section 312 (20 U.S.C. 1058) is amended— student counts (as defined in section 2(a) of ‘‘(1) IN GENERAL.—For the purpose of im- (1) in subsection (b)(1)(A), by striking ‘‘sub- the Tribally Controlled College or University proving teacher preparation programs, a section (c) of this section’’ and inserting Assistance Act of 1978 (25 U.S.C. 1801(a)) of State educational agency shall provide to a ‘‘subsection (d)’’; and the Tribal Colleges and Universities; and teacher preparation program, upon the re- (2) in subsection (d)(2), by striking ‘‘sub- ‘‘(II) the remaining 40 percent shall be dis- quest of the teacher preparation program, division’’ and inserting ‘‘paragraph’’. tributed in equal shares to eligible Tribal any and all pertinent education-related in- Colleges and Universities. SEC. 303. AMERICAN INDIAN TRIBALLY CON- formation that— TROLLED COLLEGES AND UNIVER- ‘‘(ii) MINIMUM GRANT.—The amount distrib- ‘‘(A) may enable the teacher preparation SITIES. uted to a Tribal College or University under program to evaluate the effectiveness of the Section 316 (20 U.S.C. 1059c) is amended— clause (i) shall not be less than $500,000. program’s graduates or the program itself; (1) by striking subsection (b)(3) and insert- ‘‘(4) SPECIAL RULES.— and ing the following: ‘‘(A) CONCURRENT FUNDING.—For the pur- ‘‘(B) is possessed, controlled, or accessible ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The poses of this part, no Tribal College or Uni- by the State educational agency. term ‘Tribal College or University’ means an versity that is eligible for and receives funds ‘‘(2) CONTENT OF INFORMATION.—The infor- institution that meets the definition of a under this section shall concurrently receive mation described in paragraph (1)— tribally controlled college or university in funds under other provisions of this part or ‘‘(A) shall include an identification of spe- section 2 of the Tribally Controlled College part B. cific individuals who graduated from the or University Assistance Act of 1978 (25 ‘‘(B) EXEMPTION.—Section 313(d) shall not teacher preparation program to enable the U.S.C. 1801).’’; apply to institutions that are eligible to re- teacher preparation program to evaluate the (2) in subsection (c)(2)— ceive funds under this section.’’. information provided to the program from (A) in subparagraph (B), by inserting be- SEC. 304. ALASKA NATIVE AND NATIVE HAWAI- the State educational agency with the pro- fore the semicolon at the end the following: IAN-SERVING INSTITUTIONS. gram’s own data about the specific courses ‘‘and the acquisition of real property adja- taken by, and field experiences of, the indi- cent to the campus of the institution’’; Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is vidual graduates; and (B) by redesignating subparagraphs (G), amended— ‘‘(B) may include— (H), (I), (J), (K), and (L) as subparagraphs (1) in subparagraph (G), by striking ‘‘and’’ ‘‘(i) kindergarten through grade 12 aca- (H), (I), (J), (K), (L), and (N), respectively; after the semicolon; demic achievement and demographic data, (C) by inserting after subparagraph (F) the (2) in subparagraph (H), by striking the pe- without individual identifying information, following: riod and inserting ‘‘; and’’; and for students who have been taught by grad- ‘‘(G) education or counseling services de- (3) by adding at the end the following: uates of the teacher preparation program; signed to improve the financial literacy and ‘‘(I) education or counseling services de- and economic literacy of students or parents of signed to improve the financial literacy and ‘‘(ii) teacher effectiveness evaluations for students;’’; economic literacy of students or the stu- teachers who graduated from the teacher (D) in subparagraph (L) (as redesignated by dents’ parents.’’. preparation program. subparagraph (B)), by striking ‘‘and’’ after SEC. 305. NATIVE AMERICAN-SERVING, NON- ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. the semicolon; TRIBAL INSTITUTIONS. ‘‘(a) IN GENERAL.—There are authorized to (E) by inserting after subparagraph (L) (as (a) GRANT PROGRAM AUTHORIZED.—Part A be appropriated to carry out this part such redesignated by subparagraph (B)) the fol- of title III (20 U.S.C. 1057 et seq.) is amended sums as may be necessary for fiscal year 2006 lowing: by adding at the end the following: and each of the 5 succeeding fiscal years, of ‘‘(M) developing or improving facilities for which— Internet use or other distance learning aca- ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NON- ‘‘(1) 50 percent shall be available for each demic instruction capabilities; and’’; and TRIBAL INSTITUTIONS. fiscal year to award grants under section 202; (F) in subparagraph (N) (as redesignated by ‘‘(a) PROGRAM AUTHORIZED.—The Secretary and subparagraph (B)), by striking ‘‘subpara- shall provide grants and related assistance

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9662 CONGRESSIONAL RECORD — SENATE September 6, 2005 to Native American-serving, nontribal insti- receive funds under other provisions of this (ii) by striking ‘‘and’’ after the semicolon; tutions to enable such institutions to im- part or part B. (F) in paragraph (9) (as redesignated by prove and expand their capacity to serve Na- ‘‘(B) EXEMPTION.—Section 313(d) shall not subparagraph (B)), by striking the period and tive Americans. apply to institutions that are eligible to re- inserting ‘‘; and’’; and ‘‘(b) DEFINITIONS.—In this section: ceive funds under this section. (G) by adding at the end the following: ‘‘(1) NATIVE AMERICAN.—The term ‘Native ‘‘(C) DISTRIBUTION.—In awarding grants ‘‘(10) other activities proposed in the appli- American’ means an individual who is of a under this section, the Secretary shall, to cation submitted under subsection (d) that— tribe, people, or culture that is indigenous to the extent possible and consistent with the ‘‘(A) contribute to carrying out the pur- the United States. competitive process under which such grants poses of this part; and ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL are awarded, ensure maximum and equitable ‘‘(B) are approved by the Secretary as part INSTITUTION.—The term ‘Native American- distribution among all eligible institu- of the review and acceptance of such applica- serving, nontribal institution’ means an in- tions.’’. tion.’’; stitution of higher education that, at the (b) AUTHORIZATION OF APPROPRIATIONS.— (2) in subsection (e)— time of application— Section 399 (20 U.S.C. 1068h) is amended by (A) in paragraph (1)— ‘‘(A) has an enrollment of undergraduate adding at the end the following: (i) by inserting a colon after ‘‘the fol- students that is not less than 10 percent Na- ‘‘(c) MINIMUM GRANT AMOUNT.—The min- lowing’’; tive American students; and imum amount of a grant under this title (ii) in subparagraph (Q), by striking ‘‘and’’ ‘‘(B) is not a Tribal College or University shall be $200,000.’’. at the end; (as defined in section 316). SEC. 306. PART B DEFINITIONS. (iii) in subparagraph (R), by striking the ‘‘(c) AUTHORIZED ACTIVITIES.— Section 322(4) (20 U.S.C. 1061(4)) is amended period and inserting a semicolon; and ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— by inserting ‘‘, in consultation with the (iv) by adding at the end the following: Grants awarded under this section shall be Commissioner for Education Statistics’’ be- ‘‘(S) Alabama State University qualified used by Native American-serving, nontribal fore ‘‘and the Commissioner’’. graduate program; institutions to assist such institutions to SEC. 307. GRANTS TO INSTITUTIONS. ‘‘(T) Coppin State University qualified plan, develop, undertake, and carry out ac- Section 323(a) (20 U.S.C. 1062(a)) is amend- graduate program; and tivities to improve and expand such institu- ed— ‘‘(U) Prairie View A & M University quali- tions’ capacity to serve Native Americans. (1) in the matter preceding paragraph (1), fied graduate program.’’; ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— by striking ‘‘360(a)(2)’’ and inserting (B) in paragraph (2), by inserting ‘‘in law Such programs may include— ‘‘399(a)(2)’’; or’’ after ‘‘instruction’’; ‘‘(A) the purchase, rental, or lease of sci- (2) by redesignating paragraphs (7) through (C) in paragraph (3), by striking ‘‘1998’’ and entific or laboratory equipment for edu- (12) as paragraphs (8) through (13), respec- inserting ‘‘2006’’; cational purposes, including instructional tively; and (3) in subsection (f)(3)— and research purposes; (3) by inserting after paragraph (6) the fol- (A) by striking subparagraphs (A) and (B) ‘‘(B) renovation and improvement in class- lowing: and inserting the following: room, library, laboratory, and other instruc- ‘‘(7) Education or counseling services de- ‘‘(A) The amount of non-Federal funds for tional facilities; signed to improve the financial literacy and the fiscal year for which the determination ‘‘(C) support of faculty exchanges, and fac- economic literacy of students or the stu- is made that the institution or program list- ulty development and faculty fellowships to dents’ parents.’’. ed in subsection (e)— assist faculty in attaining advanced degrees SEC. 308. ALLOTMENTS TO INSTITUTIONS. ‘‘(i) allocates from institutional resources; in the faculty’s field of instruction; Section 324 (20 U.S.C. 1063) is amended by ‘‘(ii) secures from non-Federal sources, in- ‘‘(D) curriculum development and aca- adding at the end the following: cluding amounts appropriated by the State demic instruction; ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Not- and amounts from the private sector; and ‘‘(E) the purchase of library books, periodi- withstanding any other provision of this sec- ‘‘(iii) will utilize to match Federal funds cals, microfilm, and other educational mate- tion, a part B institution shall not receive an awarded for the fiscal year for which the de- rials; allotment under this section unless the part termination is made under this section to ‘‘(F) funds and administrative manage- B institution provides data indicating that the institution or program. ment, and acquisition of equipment for use the part B institution— ‘‘(B) The number of students enrolled in in strengthening funds management; ‘‘(1) enrolled Federal Pell Grant recipients the qualified graduate programs of the eligi- ‘‘(G) the joint use of facilities such as lab- in the preceding academic year; ble institution or program, for which the in- oratories and libraries; and ‘‘(2) in the preceding academic year, has stitution or program received and allocated ‘‘(H) academic tutoring and counseling pro- graduated students from a program of aca- funding under this section in the preceding grams and student support services. demic study that is licensed or accredited by year.’’; ‘‘(d) APPLICATION PROCESS.— a nationally recognized accrediting agency (B) in subparagraph (C), by striking ‘‘(or ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native or association recognized by the Secretary the equivalent) enrolled in the eligible pro- American-serving, nontribal institution de- pursuant to part H of title IV where appro- fessional or graduate school’’ and all that siring to receive assistance under this sec- priate; and follows through the period and inserting ‘‘en- tion shall submit to the Secretary such en- ‘‘(3) where appropriate, has graduated stu- rolled in the qualified programs or institu- rollment data as may be necessary to dem- dents who, within the past 5 years, enrolled tions listed in paragraph (1).’’; onstrate that the institution is a Native in graduate or professional school.’’. (C) in subparagraph (D)— American-serving, nontribal institution, SEC. 309. PROFESSIONAL OR GRADUATE INSTITU- (i) by striking ‘‘students’’ and inserting along with such other information and data TIONS. ‘‘Black American students or minority stu- as the Secretary may by regulation require. Section 326 (20 U.S.C. 1063b) is amended— dents’’; and ‘‘(2) APPLICATIONS.— (1) in subsection (c)— (ii) by striking ‘‘institution’’ and inserting ‘‘(A) PERMISSION TO SUBMIT APPLICATIONS.— (A) in paragraph (2), by inserting ‘‘, and for ‘‘institution or program’’; and Any institution that is determined by the the acquisition and development of real (D) by striking subparagraph (E) and in- Secretary to be a Native American-serving, property that is adjacent to the campus for serting the following: nontribal institution may submit an applica- such construction, maintenance, renovation, ‘‘(E) The percentage that the total number tion for assistance under this section to the or improvement’’ after ‘‘services’’; of Black American students and minority Secretary. (B) by redesignating paragraphs (5) students who receive their first professional, ‘‘(B) SIMPLIFIED AND STREAMLINED FOR- through (7) as paragraphs (7) through (9), re- master’s, or doctoral degrees from the insti- MAT.—The Secretary shall, to the extent pos- spectively; tution or program in the academic year pre- sible, prescribe a simplified and streamlined (C) by inserting after paragraph (4) the fol- ceding the academic year for which the de- format for applications under this section lowing: termination is made, represents of the total that takes into account the limited number ‘‘(5) tutoring, counseling, and student serv- number of Black American students and mi- of institutions that are eligible for assist- ice programs designed to improve academic nority students in the United States who re- ance under this section. success; ceive their first professional, master’s, or ‘‘(C) CONTENT.—An application submitted ‘‘(6) education or counseling services de- doctoral degrees in the professions or dis- under subparagraph (A) shall include— signed to improve the financial literacy and ciplines related to the course of study at ‘‘(i) a 5-year plan for improving the assist- economic literacy of students or the stu- such institution or program, respectively, in ance provided by the Native American-serv- dents’ parents;’’; the preceding academic year.’’; and ing, nontribal institution to Native Ameri- (D) in paragraph (7) (as redesignated by (4) in subsection (g), by striking ‘‘1998’’ and cans; and subparagraph (B)), by striking ‘‘establish or inserting ‘‘2006’’. ‘‘(ii) such other information and assur- improve’’ and inserting ‘‘establishing or im- SEC. 310. AUTHORIZATION OF APPROPRIATIONS. ances as the Secretary may require. proving’’; Subsection (a) of section 399 (20 U.S.C. ‘‘(3) SPECIAL RULES.— (E) in paragraph (8) (as redesignated by 1068h) is amended to read as follows: ‘‘(A) ELIGIBILITY.—No Native American- subparagraph (B))— ‘‘(a) AUTHORIZATIONS.— serving, nontribal institution that receives (i) by striking ‘‘assist’’ and inserting ‘‘as- ‘‘(1) PART A.—(A) There are authorized to funds under this section shall concurrently sisting’’; and be appropriated to carry out part A (other

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9663 than section 316) such sums as may be nec- less an amount equal to the amount deter- (5) by inserting after subsection (e) the fol- essary for fiscal year 2006 and each of the 5 mined to be the expected family contribu- lowing: succeeding fiscal years. tion with respect to that student for that ‘‘(f) OUTCOME CRITERIA.— ‘‘(B) There are authorized to be appro- year.’’; ‘‘(1) IN GENERAL.—The Secretary, by regu- priated to carry out section 316 such sums as (B) by striking paragraph (3); lation, shall establish outcome criteria for may be necessary for fiscal year 2006 and (C) by redesignating paragraphs (4) measuring, annually and for longer periods, each of the 5 succeeding fiscal years. through (8) as paragraphs (3) through (7), re- the quality and effectiveness of programs au- ‘‘(C) There are authorized to be appro- spectively; thorized under this chapter. priated to carry out section 317 such sums as (D) in paragraph (4) (as redesignated by ‘‘(2) USE FOR PRIOR EXPERIENCE DETERMINA- may be necessary for fiscal year 2006 and subparagraph (C)), by striking ‘‘$400, except’’ TION.—The outcome criteria under paragraph each of the 5 succeeding fiscal years. and all that follows through the period and (1) shall be used to evaluate the programs ‘‘(D) There are authorized to be appro- inserting ‘‘10 percent of the maximum basic provided by a recipient of a grant under this priated to carry out section 318 such sums as grant level specified in the appropriate Ap- chapter, and the Secretary shall determine may be necessary for fiscal year 2006 and propriation Act for such academic year.’’; an eligible entity’s prior experience of high each of the 5 succeeding fiscal years. and quality service delivery, as required in sub- ‘‘(2) PART B.—(A) There are authorized to (E) by striking paragraph (5) (as redesig- section (c)(2), based on the outcome criteria. be appropriated to carry out part B (other nated by subparagraph (C)) and inserting the ‘‘(3) CONSIDERATION OF RELEVANT DATA.— than section 326) such sums as may be nec- following: The outcome criteria under this subsection essary for fiscal year 2006 and each of the 5 ‘‘(5) In the case of a student who is en- shall take into account data pertaining to succeeding fiscal years. rolled, on at least a half-time basis and for a secondary school completion, postsecondary ‘‘(B) There are authorized to be appro- period of more than 1 academic year in a 2- education enrollment, and postsecondary priated to carry out section 326 such sums as year or 4-year program of instruction for education completion for low-income stu- may be necessary for fiscal year 2006 and which an institution of higher education dents, first generation college students, and each of the 5 succeeding fiscal years. awards an associate or baccalaureate degree, individuals with disabilities, in the schools ‘‘(3) PART C.—There are authorized to be the Secretary shall allow such student to re- and institutions of higher education served appropriated to carry out part C such sums ceive not more than 2 Federal Pell Grants by the program to be evaluated. as may be necessary for fiscal year 2006 and during a single award year to permit such ‘‘(4) CONTENTS OF OUTCOME CRITERIA.—The each of the 5 succeeding fiscal years. student to accelerate the student’s progress outcome criteria shall include the following: ‘‘(4) PART D.—(A) There are authorized to toward a degree by attending additional ses- ‘‘(A) For programs authorized under sec- be appropriated to carry out part D (other sions. In the case of a student receiving more tion 402B, whether the eligible entity met or than section 345(7), but including section 347) than 1 Federal Pell Grant in a single award exceeded the entity’s objectives established such sums as may be necessary for fiscal year, the total amount of Federal Pell in the entity’s application for such program year 2006 and each of the 5 succeeding fiscal Grants awarded to such student for the regarding— years. award year may exceed the basic grant level ‘‘(i) the delivery of service to a total num- ‘‘(B) There are authorized to be appro- specified in the appropriate Appropriation ber of students served by the program; priated to carry out section 345(7) such sums Act for such award year.’’; and ‘‘(ii) the continued secondary school en- as may be necessary for fiscal year 2006 and (3) in subsection (c), by adding at the end rollment of such students; each of the 5 succeeding fiscal years. the following: ‘‘(iii) the graduation of such students from ‘‘(5) PART E.—There are authorized to be ‘‘(5) The period of time during which a stu- secondary school; and appropriated to carry out part E such sums dent may receive Federal Pell Grants shall ‘‘(iv) the enrollment of such students in an as may be necessary for fiscal year 2006 and not exceed 18 semesters, or an equivalent pe- institution of higher education. each of the 5 succeeding fiscal years.’’. riod of time as determined by the Secretary ‘‘(B) For programs authorized under sec- SEC. 311. TECHNICAL CORRECTIONS. pursuant to regulations, which period shall— tion 402C, whether the eligible entity met or Title III (20 U.S.C. 1051 et seq.) is further ‘‘(A) be determined without regard to exceeded its objectives for such program re- amended— whether the student is enrolled on a full- garding— (1) in section 342(5)(C) (20 U.S.C. time basis during any portion of the period ‘‘(i) the delivery of service to a total num- 1066a(5)(C)), by striking ‘‘,,’’ and inserting of time; and ber of students served by the program, as ‘‘,’’; ‘‘(B) include any period of time for which agreed upon by the entity and the Secretary (2) in section 343(e) (20 U.S.C. 1066b(e)), by the student received a Federal Pell Grant for the period; inserting ‘‘SALE OF QUALIFIED BONDS.—’’ be- prior to the date of enactment of the Higher ‘‘(ii) such students’ school performance, as fore ‘‘Notwithstanding’’; Education Amendments of 2005.’’. measured by the grade point average, or its (3) in the matter preceding clause (i) of SEC. 402. FEDERAL TRIO PROGRAMS. equivalent; section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by (a) PROGRAM AUTHORITY; AUTHORIZATION OF ‘‘(iii) such students’ academic perform- striking ‘‘support’’ and inserting ‘‘supports’’; APPROPRIATIONS.—Section 402A (20 U.S.C. ance, as measured by standardized tests, in- (4) in section 391(b)(7)(E) (20 U.S.C. 1070a–11) is amended— cluding tests required by the students’ State; 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ (1) in subsection (b)— ‘‘(iv) the retention in, and graduation and inserting ‘‘subparagraph (D)’’; (A) in paragraph (2)— from, secondary school of such students; and (5) in the matter preceding subparagraph (i) in the matter preceding subparagraph ‘‘(v) the enrollment of such students in an (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), (A), by striking ‘‘4’’ and inserting ‘‘5’’; institution of higher education. by striking ‘‘eligible institutions under part (ii) by striking subparagraph (A); and ‘‘(C) For programs authorized under sec- A institutions’’ and inserting ‘‘eligible insti- (iii) by redesignating subparagraphs (B) tion 402D— tutions under part A’’; and and (C) as subparagraphs (A) and (B), respec- ‘‘(i) whether the eligible entity met or ex- (6) in the matter preceding paragraph (1) of tively; and ceeded the entity’s objectives regarding the section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ (B) by striking paragraph (3) and inserting retention in postsecondary education of the and inserting ‘‘399’’. the following: students served by the program; TITLE IV—STUDENT ASSISTANCE ‘‘(3) MINIMUM GRANTS.—Unless the institu- ‘‘(ii)(I) in the case of an entity that is an PART A—GRANTS TO STUDENTS IN AT- tion or agency requests a smaller amount, an institution of higher education offering a TENDANCE AT INSTITUTIONS OF HIGH- individual grant authorized under this chap- baccalaureate degree, the extent to which ER EDUCATION ter shall be awarded in an amount that is not the entity met or exceeded the entity’s ob- less than $200,000, except that an individual jectives regarding such students’ completion SEC. 401. FEDERAL PELL GRANTS. Section 401 (20 U.S.C. 1070a) is amended— grant authorized under section 402G shall be of the degree programs in which such stu- (1) in subsection (a)(1)— awarded in an amount that is not less than dents were enrolled; or (A) in the first sentence, by striking ‘‘2004’’ $170,000.’’; ‘‘(II) in the case of an entity that is an in- and inserting ‘‘2012’’; and (2) in subsection (c)— stitution of higher education that does not (B) in the second sentence, by striking ‘‘,,’’ (A) in paragraph (2), by striking ‘‘service offer a baccalaureate degree, the extent to and inserting ‘‘,’’; delivery’’ and inserting ‘‘high quality service which the entity met or exceeded the enti- (2) in subsection (b)— delivery, as determined under subsection ty’s objectives regarding— (A) by striking paragraph (2)(A) and insert- (f),’’; ‘‘(aa) the completion of a degree or certifi- ing the following: (B) in paragraph (3)(B), by striking ‘‘is not cate by such students; and ‘‘(2)(A) the amount of the Federal Pell required to’’ and inserting ‘‘shall not’’; and ‘‘(bb) the transfer of such students to insti- Grant for a student eligible under this part (C) in paragraph (5), by striking ‘‘cam- tutions of higher education that offer bacca- shall be— puses’’ and inserting ‘‘different campuses’’; laureate degrees; ‘‘(i) $5,100 for academic year 2006–2007; (3) in subsection (e), by striking ‘‘(g)(2)’’ ‘‘(iii) whether the entity met or exceeded ‘‘(ii) $5,400 for academic year 2007–2008; each place the term occurs and inserting the entity’s objectives regarding the delivery ‘‘(iii) $5,700 for academic year 2008–2009; ‘‘(h)(4)’’; of service to a total number of students, as ‘‘(iv) $6,000 for academic year 2009–2010; and (4) by redesignating subsections (f) and (g) agreed upon by the entity and the Secretary ‘‘(v) $6,300 for academic year 2010–2011, as subsections (g) and (h), respectively; for the period; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9664 CONGRESSIONAL RECORD — SENATE September 6, 2005 ‘‘(iv) whether the applicant met or exceed- ing ‘‘subparagraph (A), (B), or (C) of para- ter care or are aging out of the foster care ed the entity’s objectives regarding such stu- graph (5)’’. system.’’; and dents remaining in good academic standing. (b) TALENT SEARCH.—Section 402B (20 (4) in the matter preceding paragraph (1) of ‘‘(D) For programs authorized under sec- U.S.C. 1070a–12) is amended— subsection (d) (as redesignated by paragraph tion 402E, whether the entity met or exceed- (1) in subsection (a)— (2)), by striking ‘‘talent search projects ed the entity’s objectives for such program (A) in paragraph (1), by striking ‘‘to iden- under this chapter’’ and inserting ‘‘projects regarding— tify qualified youths with potential for edu- under this section’’. ‘‘(i) the delivery of service to a total num- cation at the postsecondary level and to en- (c) UPWARD BOUND.—Section 402C (20 U.S.C. ber of students, as agreed upon by the entity courage such youths’’ and inserting ‘‘to en- 1070a–13) is amended— and the Secretary for the period; courage eligible youths’’; (1) by striking subsection (b) and inserting ‘‘(ii) the provision of appropriate scholarly (B) in paragraph (2), by inserting ‘‘, and fa- the following: ‘‘(b) REQUIRED SERVICES.—Any project as- and research activities for the students cilitate the application for,’’ after ‘‘the sisted under this section shall provide— served by the program; availability of’’; and ‘‘(1) academic tutoring to enable students ‘‘(iii) the acceptance and enrollment of (C) in paragraph (3), by striking ‘‘, but who to complete secondary or postsecondary such students in graduate programs; and have the ability to complete such programs, courses, which may include instruction in to reenter’’ and inserting ‘‘to enter or reen- ‘‘(iv) the attainment of doctoral degrees by reading, writing, study skills, mathematics, ter, and complete’’; former program participants. science, and other subjects; (2) by redesignating subsection (c) as sub- ‘‘(E) For programs authorized under sec- ‘‘(2) advice and assistance in secondary and section (d); tion 402F, whether the entity met or exceed- postsecondary course selection; (3) by striking subsection (b) and inserting ed the entity’s objectives for such program ‘‘(3) assistance in preparing for college en- the following: regarding— trance examinations and completing college ‘‘(i) the enrollment of students without a ‘‘(b) REQUIRED SERVICES.—Any project as- admission applications; secondary school diploma or its recognized sisted under this section shall provide— ‘‘(4)(A) information on both the full range equivalent, who were served by the program, ‘‘(1) academic tutoring, or connections to of Federal student financial aid programs in programs leading to such diploma or high quality academic tutoring services, to (including Federal Pell Grant awards and equivalent; enable students to complete secondary or loan forgiveness) and resources for locating ‘‘(ii) the enrollment of secondary school postsecondary courses, which may include public and private scholarships; and graduates who were served by the program in instruction in reading, writing, study skills, ‘‘(B) assistance in completing financial aid programs of postsecondary education; mathematics, science, and other subjects; applications, including the Free Application ‘‘(iii) the delivery of service to a total ‘‘(2) advice and assistance in secondary for Federal Student Aid described in section number of students, as agreed upon by the course selection and, if applicable, initial 483(a); entity and the Secretary for the period; and postsecondary course selection; ‘‘(5) guidance on and assistance in— ‘‘(iv) the provision of assistance to stu- ‘‘(3) assistance in preparing for college en- ‘‘(A) secondary school reentry; dents served by the program in completing trance examinations and completing college ‘‘(B) alternative education programs for financial aid applications and college admis- admission applications; secondary school dropouts that lead to the sion applications.’’; ‘‘(4)(A) information on both the full range receipt of a regular secondary school di- (6) in subsection (g) (as redesignated by of Federal student financial aid programs ploma; paragraph (4))— (including Federal Pell Grant awards and ‘‘(C) entry into general educational devel- (A) in the first sentence, by striking loan forgiveness) and resources for locating opment (GED) programs; or ‘‘$700,000,000 for fiscal year 1999’’ and all that public and private scholarships; and ‘‘(D) postsecondary education; and follows through the period and inserting ‘‘(B) assistance in completing financial aid ‘‘(6) education or counseling services de- ‘‘such sums as may be necessary for fiscal applications, including the Free Application signed to improve the financial literacy and year 2006 and each of the 5 succeeding fiscal for Federal Student Aid described in section economic literacy of students, including fi- years.’’; and 483(a); nancial planning for postsecondary edu- (B) by striking the fourth sentence; and ‘‘(5) guidance on and assistance in— cation.’’; (7) in subsection (h) (as redesignated by ‘‘(A) secondary school reentry; (2) in subsection (c)— paragraph (4))— ‘‘(B) alternative education programs for (A) in the subsection heading, by striking (A) by redesignating paragraphs (1) secondary school dropouts that lead to the ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI- through (4) as paragraphs (3) through (6), re- receipt of a regular secondary school di- TIONAL REQUIRED SERVICES FOR MULTIPLE- spectively; ploma; YEAR GRANT RECIPIENTS’’; and (B) by inserting before paragraph (3) (as re- ‘‘(C) entry into general educational devel- (B) by striking ‘‘upward bound project as- designated by subparagraph (A)) the fol- opment (GED) programs; or sisted under this chapter’’ and inserting lowing: ‘‘(D) postsecondary education; and ‘‘project assisted under this section’’; ‘‘(1) DIFFERENT CAMPUS.—The term ‘dif- ‘‘(6) education or counseling services de- (3) by redesignating subsections (d) and (e) ferent campus’ means a site of an institution signed to improve the financial literacy and as subsections (e) and (f), respectively; of higher education that— economic literacy of students or their par- (4) by inserting after subsection (c) the fol- ‘‘(A) is geographically apart from the main ents, including financial planning for post- lowing: campus of the institution; secondary education. ‘‘(d) PERMISSIBLE SERVICES.—Any project ‘‘(B) is permanent in nature; and ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this section may provide such ‘‘(C) offers courses in educational programs assisted under this section may provide serv- services as— leading to a degree, certificate, or other rec- ices such as— ‘‘(1) exposure to cultural events, academic ognized educational credential. ‘‘(1) personal and career counseling or ac- programs, and other activities not usually ‘‘(2) DIFFERENT POPULATION.—The term tivities; available to disadvantaged youth; ‘different population’ means a group of indi- ‘‘(2) information and activities designed to ‘‘(2) information, activities and instruction viduals, with respect to whom an eligible en- acquaint youths with the range of career op- designed to acquaint youths participating in tity desires to serve through an application tions available to the youths; the project with the range of career options for a grant under this chapter, that— ‘‘(3) exposure to the campuses of institu- available to the youths; ‘‘(A) is separate and distinct from any tions of higher education, as well as cultural ‘‘(3) on-campus residential programs; other population that the entity has applied events, academic programs, and other sites ‘‘(4) mentoring programs involving elemen- for a grant under this chapter to serve; or or activities not usually available to dis- tary school or secondary school teachers or ‘‘(B) while sharing some of the same needs advantaged youth; counselors, faculty members at institutions as another population that the eligible enti- ‘‘(4) workshops and counseling for families of higher education, students, or any com- ty has applied for a grant under this chapter of students served; bination of such persons; to serve, has distinct needs for specialized ‘‘(5) mentoring programs involving elemen- ‘‘(5) work-study positions where youth par- services.’’; tary or secondary school teachers or coun- ticipating in the project are exposed to ca- (C) in paragraph (5) (as redesignated by selors, faculty members at institutions of reers requiring a postsecondary degree; subparagraph (A))— higher education, students, or any combina- ‘‘(6) special services to enable veterans to (i) in subparagraph (A), by striking ‘‘or’’ tion of such persons; and make the transition to postsecondary edu- after the semicolon; ‘‘(6) programs and activities as described in cation; and (ii) in subparagraph (B), by striking the pe- subsection (b) or paragraphs (1) through (5) ‘‘(7) programs and activities as described in riod at the end and inserting ‘‘; or’’; and of this subsection that are specially designed subsection (b), subsection (c), or paragraphs (iii) by adding at the end the following: for students who are limited English pro- (1) through (6) of this subsection that are ‘‘(C) was a member of a reserve component ficient, students with disabilities, students specially designed for students who are lim- of the Armed Forces called to active duty for who are homeless children and youths (as ited English proficient, students with dis- a period of more than 180 days.’’; and such term is defined in section 725 of the abilities, students who are homeless children (D) in paragraph (6), by striking ‘‘subpara- McKinney-Vento Homeless Assistance Act and youths (as such term is defined in sec- graph (A) or (B) of paragraph (3)’’ and insert- (42 U.S.C. 11434a)), or students who are in fos- tion 725 of the McKinney-Vento Homeless

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9665 Assistance Act (42 U.S.C. 11434a)), or stu- ‘‘(3) exposure to cultural events and aca- (A) by striking ‘‘402A(f)’’ and inserting dents who are in foster care or are aging out demic programs not usually available to dis- ‘‘402A(g)’’; and of the foster care system.’’; advantaged students; (B) by striking ‘‘1993 through 1997’’ and in- (5) in the matter preceding paragraph (1) of ‘‘(4) activities designed to acquaint stu- serting ‘‘2006 through 2010’’. subsection (e) (as redesignated by paragraph dents participating in the project with the (f) EDUCATIONAL OPPORTUNITY CENTERS.— (3)), by striking ‘‘upward bound projects range of career options available to the stu- Section 402F (20 U.S.C. 1070a–16) is amend- under this chapter’’ and inserting ‘‘projects dents; ed— under this section’’; and ‘‘(5) mentoring programs involving faculty (1) in subsection (a)— (6) in subsection (f) (as redesignated by or upper class students, or a combination (A) in paragraph (1), by striking ‘‘and’’ paragraph (3))— thereof; after the semicolon; (A) by striking ‘‘during June, July, and ‘‘(6) securing temporary housing during (B) in paragraph (2), by striking the period August’’ each place the term occurs and in- breaks in the academic year for students at the end and inserting ‘‘; and’’; and serting ‘‘during the summer school recess, who are homeless children and youths (as (C) by adding at the end the following: for a period not to exceed 3 months’’; and such term is defined in section 725 of the ‘‘(3) to improve the financial literacy and (B) by striking ‘‘(b)(10)’’ and inserting McKinney-Vento Homeless Assistance Act economic literacy of students, including— ‘‘(d)(5)’’. (42 U.S.C. 11434a)) or were formerly homeless ‘‘(A) basic personal income, household (d) STUDENT SUPPORT SERVICES.—Section children and youths and students who are in 402D (20 U.S.C. 1070a–14) is amended— money management, and financial planning foster care or are aging out of the foster care skills; and (1) in subsection (a)— system; and (A) in paragraph (2), by striking ‘‘and’’ ‘‘(B) basic economic decisionmaking ‘‘(7) programs and activities as described in skills.’’; and after the semicolon; subsection (b) or paragraphs (1) through (5) (B) by striking paragraph (3) and inserting (2) in subsection (b)— of this subsection that are specially designed (A) by redesignating paragraphs (5) the following: for students who are limited English pro- ‘‘(3) to foster an institutional climate sup- through (10) as paragraphs (6) through (11), ficient, students with disabilities, students respectively; portive of the success of low-income and first who are homeless children and youths (as generation college students, students with (B) by inserting after paragraph (4) the fol- such term is defined in section 725 of the lowing: disabilities, students who are limited McKinney-Vento Homeless Assistance Act English proficient, students who are home- ‘‘(5) education or counseling services de- (42 U.S.C. 11434a)) or were formerly homeless less children and youths (as such term is de- signed to improve the financial literacy and children and youths, or students who are in fined in section 725 of the McKinney-Vento economic literacy of students or their par- foster care or are aging out of the foster care Homeless Assistance Act (42 U.S.C. 11434a)), ents;’’; system.’’; and students who are in foster care or are (C) by striking paragraph (7) (as redesig- (4) in subsection (d)(1) (as redesignated by aging out of the foster care system.’’; and nated by subparagraph (A)) and inserting the paragraph (2)), by striking ‘‘subsection (b)’’ (C) by adding at the end the following: following: and inserting ‘‘subsection (c)’’; and ‘‘(4) to improve the financial literacy and ‘‘(7) individualized personal, career, and (5) in the matter preceding paragraph (1) of economic literacy of students, including— academic counseling;’’; and subsection (e) (as redesignated by paragraph ‘‘(A) basic personal income, household (D) by striking paragraph (11) (as redesig- (2)), by striking ‘‘student support services money management, and financial planning nated by subparagraph (A)) and inserting the projects under this chapter’’ and inserting skills; and following: ‘‘projects under this section’’. ‘‘(B) basic economic decisionmaking ‘‘(11) programs and activities as described skills.’’; (e) POSTBACCALAUREATE ACHIEVEMENT PRO- in paragraphs (1) through (10) that are spe- (2) by redesignating subsections (c) and (d) GRAM AUTHORITY.—Section 402E (20 U.S.C. cially designed for students who are limited as subsections (d) and (e); 1070a–15) is amended— English proficient, students with disabil- (3) by striking subsection (b) and inserting (1) in subsection (b)— ities, or students who are homeless children the following: (A) in the subsection heading, by inserting and youths (as such term is defined in sec- ‘‘(b) REQUIRED SERVICES.—A project as- ‘‘REQUIRED’’ before ‘‘SERVICES’’; tion 725 of the McKinney-Vento Homeless sisted under this section shall provide— (B) in the matter preceding paragraph (1), Assistance Act (42 U.S.C. 11434a)), or pro- ‘‘(1) academic tutoring to enable students by striking ‘‘A postbaccalaureate achieve- grams and activities for students who are in to complete postsecondary courses, which ment project assisted under this section may foster care or are aging out of the foster care may include instruction in reading, writing, provide services such as—’’ and inserting ‘‘A system.’’. project assisted under this section shall pro- study skills, mathematics, science, and other (g) STAFF DEVELOPMENT ACTIVITIES.—Sec- vide—’’; subjects; tion 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is (C) in paragraph (5), by inserting ‘‘and’’ ‘‘(2) advice and assistance in postsecondary amended by inserting ‘‘, including strategies after the semicolon; course selection; for recruiting and serving students who are (D) in paragraph (6), by striking the semi- ‘‘(3)(A) information on both the full range homeless children and youths (as such term colon and inserting a period; and of Federal student financial aid programs is defined in section 725 of the McKinney- (E) by striking paragraphs (7) and (8); (including Federal Pell Grant awards and Vento Homeless Assistance Act (42 U.S.C. (2) by redesignating subsections (c) loan forgiveness) and resources for locating 11434a)) and students who are in foster care through (f) as subsections (d) through (g), re- public and private scholarships; and or are aging out of the foster care system’’ spectively; ‘‘(B) assistance in completing financial aid before the period at the end. applications, including the Free Application (3) by inserting after subsection (b) the fol- (h) REPORTS, EVALUATIONS, AND GRANTS for Federal Student Aid described in section lowing: FOR PROJECT IMPROVEMENT AND DISSEMINA- 483(a); ‘‘(c) PERMISSIBLE SERVICES.—A project as- TION.—Section 402H (20 U.S.C. 1070a–18) is ‘‘(4) education or counseling services de- sisted under this section may provide serv- amended— signed to improve the financial literacy and ices such as— (1) by striking the section heading and in- economic literacy of students, including fi- ‘‘(1) education or counseling services de- serting ‘‘ nancial planning for postsecondary edu- signed to improve the financial literacy and REPORTS, EVALUATIONS, AND cation; economic literacy of students or their par- GRANTS FOR PROJECT IMPROVEMENT .’’; ‘‘(5) activities designed to assist students ents, including financial planning for post- AND DISSEMINATION (2) by redesignating subsections (a) participating in the project in securing col- secondary education; through (c) as subsections (b) through (d), re- lege admission and financial assistance for ‘‘(2) mentoring programs involving faculty spectively; and enrollment in graduate and professional pro- members at institutions of higher education, (3) by inserting before subsection (b) (as re- grams; and students, or any combination of such per- designated by paragraph (2)) the following: ‘‘(6) activities designed to assist students sons; and enrolled in 2-year institutions of higher edu- ‘‘(3) exposure to cultural events and aca- ‘‘(a) REPORT TO CONGRESS.—At least once cation in securing admission and financial demic programs not usually available to dis- every 2-year period, the Secretary shall pre- assistance for enrollment in a 4-year pro- advantaged students.’’; pare and submit to Congress a report on the gram of postsecondary education. (4) in the matter preceding paragraph (1) of outcomes achieved by the programs author- ‘‘(c) PERMISSIBLE SERVICES.—A project as- subsection (d) (as redesignated by paragraph ized under this chapter. Such report shall in- sisted under this section may provide serv- (2)), by striking ‘‘postbaccalaureate achieve- clude a statement for the preceding fiscal ices such as— ment’’; year specifying— ‘‘(1) consistent, individualized personal, ca- (5) in the matter preceding paragraph (1) of ‘‘(1) the number of grants awarded during reer, and academic counseling, provided by subsection (f) (as redesignated by paragraph each fiscal year, and the number of individ- assigned counselors; (2)), by striking ‘‘postbaccalaureate achieve- uals served by the programs carried out ‘‘(2) information, activities, and instruc- ment project’’ and inserting ‘‘project under under such grants; tion designed to acquaint youths partici- this section’’; and ‘‘(2) the number of entities that received pating in the project with the range of career (6) in subsection (g) (as redesignated by grants during the fiscal year, including the options available to the students; paragraph (2))— number of entities that—

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‘‘(A) received a grant to carry out a pro- ‘‘(2) SPECIAL RULE.—The Secretary shall ‘‘(A) the amount contributed to a student gram under this chapter for the fiscal year; annually reevaluate the distribution of funds scholarship fund established under section and described in paragraph (1) based on number, 404E; and ‘‘(B) had not received funding for that par- quality, and promise of the applications.’’; ‘‘(B) the amount of the costs of admin- ticular program during the previous grant (2) by striking subsections (b), (e), and (f); istering the scholarship program under sec- cycle; (3) by redesignating subsections (c), (d), tion 404E;’’. ‘‘(3) a comparison of the number and per- and (g) as subsections (b), (c), and (d), respec- (d) ACTIVITIES.—Section 404D (20 U.S.C. centage of grant awards made to entities de- tively; and 1070a–24) is amended to read as follows: scribed in paragraph (2), with the number of (4) by adding at the end the following: ‘‘SEC. 404D. ACTIVITIES. such entities funded through discretionary ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant ‘‘(a) REQUIRED ACTIVITIES.—Each eligible grant competitions conducted by the Sec- funds awarded under this chapter shall be entity receiving a grant under this chapter retary under this chapter in the 3 grant cy- used to supplement, and not supplant, other shall carry out the following: cles preceding the fiscal year; Federal, State, and local funds that would ‘‘(1) Provide information regarding finan- ‘‘(4) information on the number of individ- otherwise be expended to carry out activities cial aid for postsecondary education to par- uals served in each program authorized assisted under this chapter.’’. ticipating students in the cohort described in under this chapter; and (c) APPLICATION.—Section 404C (20 U.S.C. subsection 404B(d)(1)(A). ‘‘(5) information on the outcomes achieved 1070a–23) is amended— ‘‘(2) Encourage student enrollment in rig- by each program authorized under this chap- (1) in the section heading, by striking ‘‘EL- orous and challenging curricula and ter, including the outcome criteria described IGIBLE ENTITY PLANS’’ and inserting ‘‘AP- coursework, in order to reduce the need for in section 402A(f) for each program.’’. PLICATIONS’’; remedial coursework at the postsecondary SEC. 403. GAINING EARLY AWARENESS AND (2) in subsection (a)— level. READINESS FOR UNDERGRADUATE (A) in the subsection heading, by striking ‘‘(3) Support activities designed to improve PROGRAMS. ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; the number of participating students who— (a) EARLY INTERVENTION AND COLLEGE (B) in paragraph (1)— ‘‘(A) obtain a secondary school diploma; AWARENESS PROGRAM AUTHORIZED.—Section (i) by striking ‘‘a plan’’ and inserting ‘‘an and 404A (20 U.S.C. 1070a–21) is amended— application’’; and ‘‘(B) complete applications for and enroll (1) by striking subsection (a) and inserting (ii) by striking the second sentence; and in a program of postsecondary education. the following: (C) by striking paragraph (2) and inserting ‘‘(4) In the case of an eligible entity de- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary the following: scribed in section 404A(c)(1), provide for the is authorized, in accordance with the re- ‘‘(2) CONTENTS.—Each application sub- scholarships described in section 404E. quirements of this chapter, to establish a mitted pursuant to paragraph (1) shall be in ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND program that encourages eligible entities to such form, contain or be accompanied by PARTNERSHIPS.—An eligible entity that re- provide support to eligible low-income stu- such information or assurances, and be sub- ceives a grant under this chapter may use dents to assist the students in obtaining a mitted at such time as the Secretary may re- grant funds to carry out 1 or more of the fol- secondary school diploma (or its recognized quire. Each such application shall, at a min- lowing activities: equivalent) and to prepare for and succeed in imum— ‘‘(1) Providing tutoring and supporting postsecondary education, by providing— ‘‘(A) describe the activities for which as- mentors, including adults or former partici- ‘‘(1) financial assistance, academic sup- sistance under this chapter is sought, includ- pants of a program under this chapter, for el- port, additional counseling, mentoring, out- ing how the eligible entity will carry out the igible students. reach, and supportive services to middle required activities described in section ‘‘(2) Conducting outreach activities to re- school and secondary school students to re- 404D(a); cruit priority students described in sub- duce— ‘‘(B) describe how the eligible agency will section (d) to participate in program activi- ‘‘(A) the risk of such students dropping out meet the requirements of section 404E; ties. of school; or ‘‘(C) provide assurances that adequate ad- ‘‘(3) Providing supportive services to eligi- ‘‘(B) the need for remedial education for ministrative and support staff will be respon- ble students. such students at the postsecondary level; sible for coordinating the activities de- ‘‘(4) Supporting the development or imple- and scribed in section 404D; mentation of rigorous academic curricula, ‘‘(2) information to students and their par- ‘‘(D) ensure that activities assisted under which may include college preparatory, Ad- ents about the advantages of obtaining a this chapter will not displace an employee or vanced Placement, or International Bacca- postsecondary education and the college fi- eliminate a position at a school assisted laureate programs, and providing partici- nancing options for the students and their under this chapter, including a partial dis- pating students access to rigorous core parents.’’; placement such as a reduction in hours, courses that reflect challenging State aca- (2) by striking subsection (b)(2)(A) and in- wages or employment benefits; demic standards. serting the following: ‘‘(E) describe, in the case of an eligible en- ‘‘(5) Supporting dual or concurrent enroll- ‘‘(A) give priority to eligible entities that tity described in section 404A(c)(2), how the ment programs between the secondary have a prior, demonstrated commitment to eligible entity will define the cohorts of the school and institution of higher education early intervention leading to college access students served by the eligible entity pursu- partners of an eligible entity described in through collaboration and replication of suc- ant to section 404B(d), and how the eligible section 404A(c)(2), and other activities that cessful strategies;’’; and entity will serve the cohort through grade support participating students in— (3) by striking subsection (c)(2) and insert- 12, including— ‘‘(A) achieving challenging academic ing the following: ‘‘(i) how vacancies in the program under standards; ‘‘(2) a partnership— this chapter will be filled; and ‘‘(B) successfully applying for postsec- ‘‘(A) consisting of— ‘‘(ii) how the eligible entity will serve stu- ondary education; ‘‘(i) 1 or more local educational agencies; dents attending different secondary schools; ‘‘(C) successfully applying for student fi- and ‘‘(F) describe how the eligible entity will nancial aid; and ‘‘(ii) 1 or more degree granting institutions coordinate programs with other existing ‘‘(D) developing graduation and career of higher education; and Federal, State, or local programs to avoid plans. ‘‘(B) which may include not less than 2 duplication and maximize the number of stu- ‘‘(6) Providing support for scholarships de- other community organizations or entities, dents served; scribed in section 404E. such as businesses, professional organiza- ‘‘(G) provide such additional assurances as ‘‘(7) Introducing eligible students to insti- tions, State agencies, institutions or agen- the Secretary determines necessary to en- tutions of higher education, through trips cies sponsoring programs authorized under sure compliance with the requirements of and school-based sessions. subpart 4, or other public or private agencies this chapter; and ‘‘(8) Providing an intensive extended school or organizations.’’. ‘‘(H) provide information about the activi- day, school year, or summer program that (b) REQUIREMENTS.—Section 404B (20 U.S.C. ties that will be carried out by the eligible offers— 1070a–22) is amended— entity to support systemic changes from ‘‘(A) additional academic classes; or (1) by striking subsection (a) and inserting which future cohorts of students will ben- ‘‘(B) assistance with college admission ap- the following:— efit.’’; plications. ‘‘(a) FUNDING RULES.— (3) in the matter preceding subparagraph ‘‘(9) Providing other activities designed to ‘‘(1) DISTRIBUTION.—In awarding grants (A) of subsection (b)(1)— ensure secondary school completion and from the amount appropriated under section (A) by striking ‘‘a plan’’ and inserting ‘‘an postsecondary education enrollment of at- 404G for a fiscal year, the Secretary shall application’’; and risk children, such as— take into consideration— (B) by striking ‘‘such plan’’ and inserting ‘‘(A) the identification of at-risk children; ‘‘(A) the geographic distribution of such ‘‘such application’’; and ‘‘(B) after-school and summer tutoring; awards; and (4) in subsection (c)(1), by striking the ‘‘(C) assistance to at-risk children in ob- ‘‘(B) the distribution of such awards be- semicolon at the end and inserting ‘‘includ- taining summer jobs; tween urban and rural applicants. ing— ‘‘(D) academic counseling;

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‘‘(E) volunteer and parent involvement; ‘‘(2) for free or reduced price meals under ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— ‘‘(F) encouraging former or current partici- the Richard B. Russell National School Funds available to an eligible student from a pants of a program under this chapter to Lunch Act; trust may be used for— serve as peer counselors; ‘‘(3) for assistance under a State program ‘‘(A) tuition, fees, books, supplies, and ‘‘(G) skills assessments; funded under part A or E of title IV of the equipment required for the enrollment or at- ‘‘(H) personal counseling; Social Security Act (42 U.S.C. 601 et seq., 670 tendance of the eligible student at an insti- ‘‘(I) family counseling and home visits; et seq.); or tution of higher education; and ‘‘(J) staff development; and ‘‘(4) for assistance under subtitle B of title ‘‘(B) in the case of an eligible student with ‘‘(K) programs and activities described in VII of the McKinney-Vento Homeless Assist- special needs, expenses for special needs this subsection that are specially designed ance Act (42 U.S.C. 11431 et seq.). services which are incurred in connection for students who are limited English pro- ‘‘(e) ALLOWABLE PROVIDERS.—In the case of with such enrollment or attendance. ficient. eligible entities described in section ‘‘(4) RETURN OF FUNDS.— ‘‘(10) Enabling eligible students to enroll in 404A(c)(1), the activities required by this sec- ‘‘(A) REDISTRIBUTION.— Advanced Placement or International Bacca- tion may be provided by service providers ‘‘(i) IN GENERAL.—Trust funds that are not laureate courses, or college entrance exam- such as community-based organizations, used by an eligible student within 6 years of ination preparation courses. schools, institutions of higher education, the student’s scheduled completion of sec- ‘‘(11) Providing services to eligible stu- public and private agencies, nonprofit and ondary school may be redistributed by the dents in the participating cohort described philanthropic organizations, businesses, in- eligible entity to other eligible students. in section 404B(d)(1)(A), through the first stitutions and agencies sponsoring programs ‘‘(ii) RETURN OF EXCESS TO THE SEC- year of attendance at an institution of high- authorized under subpart 4, and other orga- RETARY.—If, after meeting the requirements er education. nizations the State determines appro- of paragraph (1) and, if applicable, redistrib- ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR priate.’’. uting excess funds in accordance with clause STATES.—In addition to the required activi- (e) SCHOLARSHIP COMPONENT.—Section 404E (i), an eligible entity has funds remaining, ties described in subsection (a) and the op- (20 U.S.C. 1070a–25) is amended— the eligible entity shall return excess funds tional activities described in subsection (b), (1) by striking subsections (e) and (f); to the Secretary for distribution to other an eligible entity described in section grantees under this chapter. 404A(c)(1) receiving funds under this chapter (2) by redesignating subsections (b), (c), ‘‘(B) NONPARTICIPATING ENTITY.—Notwith- may use grant funds to carry out 1 or more and (d) as subsections (d), (f), and (g), respec- standing subparagraph (A), in the case of an of the following activities: tively; eligible entity described in section ‘‘(1) Providing technical assistance to— (3) by inserting after subsection (a) the fol- 404A(c)(1)(A) that does not receive assistance ‘‘(A) middle schools or secondary schools lowing: under this subpart for 6 fiscal years, the eli- that are located within the State; or ‘‘(b) LIMITATION.— gible entity shall return any trust funds not ‘‘(B) partnerships described in section ‘‘(1) IN GENERAL.—Subject to paragraph (2), awarded or obligated to eligible students to 404A(c)(2) that are located within the State. each eligible entity described in section the Secretary for distribution to other ‘‘(2) Providing professional development 404A(c)(1) that receives a grant under this grantees under this chapter.’’; and opportunities to individuals working with el- chapter shall use not less than 25 percent and (6) in subsection (g) (as redesignated by igible cohorts of students described in sec- not more than 50 percent of the grant funds paragraph (2))— tion 404B(d)(1)(A). for activities described in section 404D(c), (A) in paragraph (2), by striking ‘‘1993’’ and ‘‘(3) Providing strategies and activities with the remainder of such funds to be used inserting ‘‘2000’’; and that align efforts in the State to prepare eli- for a scholarship program under this section. (B) in paragraph (4), by striking ‘‘early gible students for attending and succeeding ‘‘(2) EXCEPTION.—Notwithstanding para- intervention component required under sec- in postsecondary education, which may in- graph (1), the Secretary may allow an eligi- tion 404D’’ and inserting ‘‘activities required clude the development of graduation and ca- ble entity to use more than 50 percent of under section 404D(a)’’. reer plans. grant funds received under this chapter for (f) REPEAL OF 21ST CENTURY SCHOLAR CER- ‘‘(4) Disseminating information on the use such activities, if the eligible entity dem- TIFICATES.—Chapter 2 of subpart 2 of part A of scientifically based research and best onstrates that the eligible entity has an- of title IV (20 U.S.C. 1070a–21 et seq.) is fur- practices to improve services for eligible stu- other means of providing the students with ther amended— dents. the financial assistance described in this sec- (1) by striking section 404F; and ‘‘(5)(A) Disseminating information on ef- tion and describes such means in the applica- (2) by redesignating sections 404G and 404H fective coursework and support services that tion submitted under section 404C. as sections 404F and 404G, respectively. assist students in obtaining the goals de- ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each el- (g) AUTHORIZATION OF APPROPRIATIONS.— scribed in subparagraph (B)(ii). igible entity providing scholarships under Section 404G (as redesignated by subsection ‘‘(B) Identifying and disseminating infor- this section shall provide information on the (f)) (20 U.S.C. 1070a–28) is amended by strik- mation on best practices with respect to— eligibility requirements for the scholarships ing ‘‘$200,000,000 for fiscal year 1999’’ and all ‘‘(i) increasing parental involvement; and to all participating students upon the stu- that follows through the period and inserting ‘‘(ii) preparing students, including students dents’ entry into the programs assisted ‘‘such sums as may be necessary for fiscal with disabilities and students who are lim- under this chapter.’’; year 2006 and each of the 5 succeeding fiscal ited English proficient, to succeed academi- (4) in subsection (d) (as redesignated by years.’’. cally in, and prepare financially for, postsec- paragraph (2)), by striking ‘‘the lesser of’’ (h) CONFORMING AMENDMENTS.—Chapter 2 ondary education. and all that follows through the period at of subpart 2 of part A of title IV (20 U.S.C. ‘‘(6) Working to align State academic the end of paragraph (2) and inserting ‘‘the 1070a–21 et seq.) is further amended— standards and curricula with the expecta- minimum Federal Pell Grant award under (1) in section 404A(b)(1), by striking ‘‘404H’’ tions of postsecondary institutions and em- section 401 for such award year.’’; and inserting ‘‘404G’’; ployers. (5) by inserting after subsection (d) (as re- (2) in section 404B(a)(1), by striking ‘‘404H’’ ‘‘(7) Developing alternatives to traditional designated by paragraph (2) and amended by and inserting ‘‘404G’’; and secondary school that give students a head paragraph (4)) the following: (3) in section 404F(c) (as redesignated by start on attaining a recognized postsec- ‘‘(e) PORTABILITY OF ASSISTANCE.— section 6(2)), by striking ‘‘404H’’ and insert- ondary credential (including an industry cer- ‘‘(1) IN GENERAL.—Each eligible entity de- ing ‘‘404G’’. tificate, an apprenticeship, or an associate’s scribed in section 404A(c)(1) that receives a or a bachelor’s degree), including school de- grant under this chapter shall create or or- SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE signs that give students early exposure to ganize a trust for each cohort described in SCHOLARSHIPS. college-level courses and experiences and section 404B(d)(1)(A) for which the grant is Chapter 3 of subpart 2 of part A of title IV allow students to earn transferable college sought in the application submitted by the (20 U.S.C. 1070a-31 et seq.) is repealed. credits or an associate’s degree at the same entity, which trust shall be an amount that SEC. 405. FEDERAL SUPPLEMENTAL EDU- time as a secondary school diploma. is not less than the minimum scholarship CATIONAL OPPORTUNITY GRANTS. ‘‘(8) Creating community college programs amount described in subsection (d), multi- (a) APPROPRIATIONS AUTHORIZED.—Section for drop-outs that are personalized drop-out plied by the number of students partici- 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended recovery programs that allow drop-outs to pating in the cohort. by striking ‘‘$675,000,000 for fiscal year 1999’’ complete a regular secondary school diploma ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds and all that follows through the period and and begin college-level work. contributed to the trust for a cohort shall be inserting ‘‘such sums as may be necessary ‘‘(d) PRIORITY STUDENTS.—For eligible enti- available to a student in the cohort when the for fiscal year 2006 and each of the 5 suc- ties not using a cohort approach, the eligible student has— ceeding fiscal years.’’. entity shall treat as priority students any ‘‘(A) completed a secondary school di- (b) ALLOCATION OF FUNDS.— student in middle or secondary school who is ploma, its recognized equivalent, or other (1) ALLOCATION OF FUNDS.—Section 413D (20 eligible— recognized alternative standard for individ- U.S.C. 1070b–3) is amended— ‘‘(1) to be counted under section 1124(c) of uals with disabilities; and (A) by striking subsection (a)(4); and the Elementary and Secondary Education ‘‘(B) enrolled in an institution of higher (B) in subsection (c)(3)(D), by striking Act of 1965; education. ‘‘$450’’ and inserting ‘‘$600’’.

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(2) TECHNICAL CORRECTION.—Section ‘‘(ii) PRIORITY.—The Secretary shall give with nonprofit organizations or community- 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended priority in making allotments to States that based organizations in which such organiza- by striking ‘‘such institution’’ and all that meet the requirements described in para- tions match State funds for student scholar- follows through the period and inserting graph (2)(A)(ii). ships, may apply such matching funds from ‘‘such institution received under subsections ‘‘(2) FEDERAL SHARE.— such organizations toward fulfilling the (a) and (b) of this section for fiscal year 1999 ‘‘(A) IN GENERAL.—The Federal share under State’s non-Federal share obligation under (as such subsections were in effect with re- this section shall be determined in accord- this clause. spect to allocations for such fiscal year).’’. ance with the following: ‘‘(iii) Assurances that early information SEC. 406. LEVERAGING EDUCATIONAL ASSIST- ‘‘(i) If a State applies for an allotment and intervention, mentoring, or outreach ANCE PARTNERSHIP PROGRAM. under this section in partnership with— programs exist within the State or that (a) APPROPRIATIONS AUTHORIZED.—Section ‘‘(I) any number of degree granting institu- there is a plan to make such programs wide- 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to tions of higher education in the State whose ly available. read as follows: combined full-time enrollment represents ‘‘(iv) A description of the organizational ‘‘(1) IN GENERAL.—There are authorized to less than a majority of all students attend- structure that the State has in place to ad- be appropriated to carry out this subpart ing institutions of higher education in the minister the activities under subsection (d), such sums as may be necessary for fiscal State; and including a description of the system the year 2006 and each of the 5 succeeding fiscal ‘‘(II)(aa) philanthropic organizations that State will use to track the participation of years.’’. are located in, or that provide funding in, students who receive grants under this sec- (b) APPLICATIONS.—Section 415C(b) (20 the State; or tion to degree completion. U.S.C. 1070c–2(b)) is amended— ‘‘(bb) private corporations that are located ‘‘(v) Assurances that the State has a meth- (1) in the matter preceding subparagraph in, or that do business in, the State, od in place, such as acceptance of the auto- (A) of paragraph (2), by striking ‘‘not in ex- then the Federal share of the cost of car- matic zero expected family contribution de- cess of $5,000 per academic year’’ and insert- rying out the activities under subsection (d) termination described in section 479, to iden- ing ‘‘not to exceed the lesser of $12,500 or the shall be equal to 50 percent. tify eligible low-income students and award student’s cost of attendance per academic ‘‘(ii) If a State applies for an allotment State grant aid to such students. year’’; and under this section in partnership with— ‘‘(vi) Assurances that the State will pro- vide notification to eligible low-income stu- (2) by striking paragraph (10) and inserting ‘‘(I) any number of degree granting institu- dents that grants under this section are— the following: tions of higher education in the State whose ‘‘(I) Leveraging Educational Assistance ‘‘(10) provides notification to eligible stu- combined full-time enrollment represents a Partnership Grants; and dents that such grants are— majority of all students attending institu- ‘‘(II) funded by the Federal Government, ‘‘(A) Leveraging Educational Assistance tions of higher education in the State; and the State, and other contributing partners. Partnership grants; and ‘‘(II)(aa) philanthropic organizations that ‘‘(2) STATE AGENCY.—The State agency that ‘‘(B) funded by the Federal Government, are located in, or that provide funding in, submits an application for a State under sec- the State, and other contributing partners.’’. the State; or tion 415C(a) shall be the same State agency RANTS FOR ACCESS AND PERSISTENCE.— ‘‘(bb) private corporations that are located (c) G that submits an application under paragraph in, or that do business in, the State, Section 415E (20 U.S.C. 1070c–3a) is amended (1) for such State. to read as follows: then the Federal share of the cost of car- ‘‘(3) PARTNERSHIP.—In applying for an al- ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSIST- rying out the activities under subsection (d) lotment under this section, the State agency ENCE. shall be equal to 57 percent. shall apply for the allotment in partnership ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(B) NON-FEDERAL SHARE.— with— section to expand college access and increase ‘‘(i) IN GENERAL.—The non-Federal share ‘‘(A) not less than 1 public and 1 private de- college persistence by making allotments to under this section may be provided in cash gree granting institution of higher education States to enable the States to— or in kind, fully evaluated and in accordance that are located in the State, if applicable; ‘‘(1) expand and enhance partnerships with with this subparagraph. ‘‘(B) new or existing early information and institutions of higher education, early infor- ‘‘(ii) IN KIND CONTRIBUTION.—For the pur- intervention, mentoring, or outreach pro- mation and intervention, mentoring, or out- pose of calculating the non-Federal share grams located in the State; and reach programs, private corporations, phil- under this section, an in kind contribution is ‘‘(C) not less than 1— anthropic organizations, and other inter- a non-cash award that has monetary value, ‘‘(i) philanthropic organization located in, ested parties in order to— such as provision of room and board and or that provides funding in, the State; or ‘‘(A) carry out activities under this sec- transportation passes, and that helps a stu- ‘‘(ii) private corporation located in, or that tion; and dent meet the cost of attendance. does business in, the State. ‘‘(B) provide coordination and cohesion ‘‘(iii) EFFECT ON NEED ANALYSIS.—For the ‘‘(4) ROLES OF PARTNERS.— among Federal, State, and local govern- purpose of calculating a student’s need in ac- ‘‘(A) STATE AGENCY.—A State agency that mental and private efforts that provide fi- cordance with part F of this title, an in-kind is in a partnership receiving an allotment nancial assistance to help low-income stu- contribution described in clause (ii) shall be under this section— dents attend an institution of higher edu- considered a resource and not a reduction in ‘‘(i) shall— cation; the cost of attendance. ‘‘(I) serve as the primary administrative ‘‘(2) provide need-based grants for access ‘‘(c) APPLICATION FOR ALLOTMENT.— unit for the partnership; and persistence to eligible low-income stu- ‘‘(1) IN GENERAL.— ‘‘(II) provide or coordinate non-Federal dents; ‘‘(A) SUBMISSION.—A State that desires to share funds, and coordinate activities among ‘‘(3) provide early notification to low-in- receive an allotment under this section on partners; come students of the students’ eligibility for behalf of a partnership described in para- ‘‘(III) encourage each institution of higher financial aid; and graph (3) shall submit an application to the education in the State to participate in the ‘‘(4) encourage increased participation in Secretary at such time, in such manner, and partnership; early information and intervention, men- containing such information as the Sec- ‘‘(IV) make determinations and early noti- toring, or outreach programs. retary may require. fications of assistance as described under ‘‘(b) ALLOTMENTS TO STATES.— ‘‘(B) CONTENT.—An application submitted subsection (d)(2); and ‘‘(1) IN GENERAL.— under subparagraph (A) shall include the fol- ‘‘(V) annually report to the Secretary on ‘‘(A) AUTHORIZATION.—From sums reserved lowing: the partnership’s progress in meeting the under section 415A(b)(2) for each fiscal year, ‘‘(i) A description of the State’s plan for purpose of this section; and the Secretary shall make an allotment to using the allotted funds. ‘‘(ii) may provide early information and each State that submits an application for ‘‘(ii) Assurances that the State will provide intervention, mentoring, or outreach pro- an allotment in accordance with subsection the non-Federal share from State, institu- grams. (c) to enable the State to pay the Federal tional, philanthropic, or private funds, of not ‘‘(B) DEGREE GRANTING INSTITUTIONS OF share, as described in paragraph (2), of the less than the required share of the cost of HIGHER EDUCATION.—A degree granting insti- cost of carrying out the activities under sub- carrying out the activities under subsection tution of higher education that is in a part- section (d). (d), as determined under subsection (b), in nership receiving an allotment under this ‘‘(B) DETERMINATION OF ALLOTMENT.—In accordance with the following: section— making allotments under subparagraph (A), ‘‘(I) The State shall specify the methods by ‘‘(i) shall— the Secretary shall consider the following: which non-Federal share funds will be paid ‘‘(I) recruit and admit participating quali- ‘‘(i) CONTINUATION OF AWARD.—If a State and include provisions designed to ensure fied students and provide such additional in- continues to meet the specifications estab- that funds provided under this section will stitutional grant aid to participating stu- lished in such State’s application under sub- be used to supplement, and not supplant, dents as agreed to with the State agency; section (c), the Secretary shall make an al- Federal and non-Federal funds available for ‘‘(II) provide support services to students lotment to such State that is not less than carrying out the activities under this title. who receive grants for access and persistence the allotment made to such State for the ‘‘(II) A State that uses non-Federal funds under this section and are enrolled at such previous fiscal year. to create or expand existing partnerships institution; and

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‘‘(III) assist the State in the identification ‘‘(A) IN GENERAL.—Each State receiving an ‘‘(iii) Qualifies for the State’s maximum of eligible students and the dissemination of allotment under this section shall annually undergraduate award, as authorized under early notifications of assistance as agreed to notify low-income students, such as students section 415C(b). with the State agency; and who are eligible to receive a free lunch under ‘‘(iv) Is participating in, or has partici- ‘‘(ii) may provide funding for early infor- the school lunch program established under pated in, a Federal, State, institutional, or mation and intervention, mentoring, or out- the Richard B. Russell National School community early information and interven- reach programs or provide such services di- Lunch Act, in grade 7 through grade 12 in the tion, mentoring, or outreach program, as rectly. State, of the students’ potential eligibility recognized by the State agency admin- ‘‘(C) PROGRAMS.—An early information and for student financial assistance, including an istering activities under this section. intervention, mentoring, or outreach pro- access and persistence grant, to attend an in- ‘‘(B) Is receiving, or has received, an access gram that is in a partnership receiving an al- stitution of higher education. and persistence grant under this section, in lotment under this section shall provide di- ‘‘(B) CONTENT OF NOTICE.—The notification accordance with paragraph (5). rect services, support, and information to under subparagraph (A)— ‘‘(4) GRANT AWARD.—Once a student, in- participating students. ‘‘(i) shall include— cluding those students who have received ‘‘(D) PHILANTHROPIC ORGANIZATION OR PRI- ‘‘(I) information about early information early notification under paragraph (2) from VATE CORPORATION.—A philanthropic organi- and intervention, mentoring, or outreach the State, applies for admission to an insti- zation or private corporation that is in a programs available to the student; tution that is a partner in the partnership, partnership receiving an allotment under ‘‘(II) information that a student’s can- files a Free Application for Federal Student this section shall provide funds for grants for didacy for an access and persistence grant is Aid and any related existing State form, and access and persistence for participating stu- enhanced through participation in an early is determined eligible by the State under dents, or provide funds or support for early information and intervention, mentoring, or paragraph (3), the State shall— information and intervention, mentoring, or outreach program; ‘‘(A) issue the student a preliminary access outreach programs. ‘‘(III) an explanation that student and fam- and persistence grant award certificate with ily eligibility and participation in other Fed- ‘‘(d) AUTHORIZED ACTIVITIES.— tentative award amounts; and eral means-tested programs may indicate ‘‘(1) IN GENERAL.— ‘‘(B) inform the student that payment of eligibility for an access and persistence the access and persistence grant award ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— grant and other student aid programs; Each State receiving an allotment under this amounts is subject to certification of enroll- ‘‘(IV) a nonbinding estimation of the total ment and award eligibility by the institution section shall use the funds to establish a amount of financial aid a low-income stu- partnership to award grants for access and of higher education. dent with a similar income level may expect ‘‘(5) DURATION OF AWARD.—An eligible stu- persistence to eligible low-income students to receive, including an estimation of the in order to increase the amount of financial dent that receives an access and persistence amount of an access and persistence grant grant under this section shall receive such assistance such students receive under this and an estimation of the amount of grants, subpart for undergraduate education ex- grant award for each year of such student’s loans, and all other available types of aid undergraduate education in which the stu- penses. from the major Federal and State financial ‘‘(B) AMOUNT OF GRANTS.— dent remains eligible for assistance under aid programs; this title, including pursuant to section ‘‘(i) PARTNERSHIPS WITH INSTITUTIONS SERV- ‘‘(V) an explanation that in order to be eli- ING LESS THAN A MAJORITY OF STUDENTS IN 484(c), and remains financially eligible as de- gible for an access and persistence grant, at termined by the State, except that the State THE STATE.— a minimum, a student shall— ‘‘(I) IN GENERAL.—In the case where a State may impose reasonable time limits to bacca- ‘‘(aa) meet the requirement under para- laureate degree completion. receiving an allotment under this section is graph (3); in a partnership described in subsection ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE ‘‘(bb) graduate from secondary school; and COSTS PROHIBITED.—A State that receives an (b)(2)(B)(i), the amount of a grant for access ‘‘(cc) enroll at an institution of higher edu- allotment under this section shall not use and persistence awarded by such State shall cation that is a partner in the partnership; any of the allotted funds to pay administra- be not less than the amount that is equal to ‘‘(VI) information on any additional re- tive costs associated with any of the author- the average undergraduate tuition and man- quirements (such as a student pledge detail- ized activities described in subsection (d). datory fees at 4-year public institutions of ing student responsibilities) that the State ‘‘(f) STATUTORY AND REGULATORY RELIEF higher education in the State where the stu- may impose for receipt of an access and per- FOR INSTITUTIONS OF HIGHER EDUCATION.— dent resides (less any other Federal or State sistence grant under this section; and The Secretary may grant, upon the request sponsored grant amount, work study ‘‘(VII) instructions on how to apply for an of an institution of higher education that is amount, and scholarship amount received by access and persistence grant and an expla- in a partnership described in subsection the student), and such amount shall be used nation that a student is required to file a (b)(2)(B)(ii) and that receives an allotment toward the cost of attendance at an institu- Free Application for Federal Student Aid au- under this section, a waiver for such institu- tion of higher education, located in the thorized under section 483(a) to be eligible tion from statutory or regulatory require- State, that is a partner in the partnership. for such grant and assistance from other ments that inhibit the ability of the institu- ‘‘(II) COST OF ATTENDANCE.—A State that Federal and State financial aid programs; tion to successfully and efficiently partici- has a program, apart from the partnership and pate in the activities of the partnership. under this section, of providing eligible low- ‘‘(ii) may include a disclaimer that access ‘‘(g) APPLICABILITY RULE.—The provisions income students with grants that are equal and persistence grant awards are contingent of this subpart which are not inconsistent to the average undergraduate tuition and upon— with this section shall apply to the program mandatory fees at 4-year public institutions ‘‘(I) a determination of the student’s finan- authorized by this section. of higher education in the State, may in- cial eligibility at the time of the student’s ‘‘(h) MAINTENANCE OF EFFORT REQUIRE- crease the amount of access and persistence enrollment at an institution of higher edu- MENT.—Each State receiving an allotment grants awarded by such State up to an cation that is a partner in the partnership; under this section for a fiscal year shall pro- amount that is equal to the average cost of ‘‘(II) annual Federal and State appropria- vide the Secretary with an assurance that attendance at 4-year public institutions of tions; and the aggregate amount expended per student higher education in the State (less any other ‘‘(III) other aid received by the student at or the aggregate expenditures by the State, Federal or State sponsored grant amount, the time of the student’s enrollment at an from funds derived from non-Federal work study amount, and scholarship amount institution of higher education that is a sources, for the authorized activities de- received by the student). partner in the partnership. scribed in subsection (d) for the preceding fiscal year were not less than the amount ex- ‘‘(ii) PARTNERSHIP WITH INSTITUTIONS SERV- ‘‘(3) ELIGIBILITY.—In determining which pended per student or the aggregate expendi- ING THE MAJORITY OF STUDENTS IN THE students are eligible to receive access and ture by the State for the activities for the STATE.—In the case where a State receiving persistence grants, the State shall ensure second preceding fiscal year. an allotment under this section is in a part- that each such student meets not less than 1 ‘‘(i) SPECIAL RULE.—Notwithstanding sub- nership described in subsection (b)(2)(B)(ii), of the following: section (h), for purposes of determining a the amount of an access and persistence ‘‘(A) Meets not less than 2 of the following State’s share of the cost of the authorized grant awarded by such State shall be not criteria, with priority given to students activities described in subsection (d), the more than an amount that is equal to the av- meeting all of the following criteria: State shall consider only those expenditures erage at 4-year public institutions of higher ‘‘(i) Has an expected family contribution from non-Federal sources that exceed the education in the State where the student re- equal to zero (as described in section 479) or State’s total expenditures for need-based sides (less any other Federal or State spon- a comparable alternative based upon the grants, scholarships, and work-study assist- sored grant amount, college work study State’s approved criteria in section ance for fiscal year 1999 (including any such amount, and scholarship amount received by 415C(b)(4). assistance provided under this subpart). the student), and such amount shall be used ‘‘(ii) Has qualified for a free lunch, or at ‘‘(j) REPORTS.—Not later than 3 years after by the student to attend an institution of the State’s discretion a reduced price lunch, the date of enactment of the Higher Edu- higher education, located in the State, that under the school lunch program established cation Amendments of 2005 and annually is a partner in the partnership. under the Richard B. Russell National thereafter, the Secretary shall submit a re- ‘‘(2) EARLY NOTIFICATION.— School Lunch Act. port describing the activities and the impact

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9670 CONGRESSIONAL RECORD — SENATE September 6, 2005 of the partnerships under this section to the SEC. 409. CHILD CARE ACCESS MEANS PARENTS (B) in subparagraph (Y)(i)(III), by inserting authorizing committees.’’. IN SCHOOL. ‘‘, except that, if requested by an institution SEC. 407. SPECIAL PROGRAMS FOR STUDENTS (a) MINIMUM GRANT.—Section 419N(b)(2)(B) of higher education, the lender shall confirm WHOSE FAMILIES ARE ENGAGED IN (20 U.S.C. 1070e(b)(2)(B)) is amended— such status through use of the National Stu- MIGRANT AND SEASONAL FARM- (1) by striking ‘‘A grant’’ and inserting the dent Loan Data System’’ before the semi- WORK. following: colon; and Section 418A (20 U.S.C. 1070d–2) is amend- ‘‘(i) IN GENERAL.—Except as provided in (2) in subsection (c)(2)(H)(i), by striking ed— clause (ii), a grant’’; and ‘‘preclaims’’ and inserting ‘‘default aver- (1) in subsection (a), by adding ‘‘(including (2) by adding at the end the following: sion’’. providing outreach and technical assist- ‘‘(ii) INCREASE TRIGGER.—For any fiscal SEC. 423. FEDERAL CONSOLIDATION LOANS. ance)’’ after ‘‘maintain and expand’’; year for which the amount appropriated Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is (2) in subsection (b)— under the authority of subsection (g) is equal amended— (A) in paragraph (1)(B)(i), by striking ‘‘par- to or greater than $20,000,000, a grant under (1) in subparagraph (E), by striking ‘‘and’’ ents’’ and inserting ‘‘immediate family’’; this section shall be awarded in an amount after the semicolon; (B) in paragraph (3)(B), by inserting ‘‘(in- that is not less than $30,000.’’. (2) by redesignating subparagraph (F) as cluding preparation for college entrance ex- (b) DEFINITION OF LOW-INCOME STUDENT.— subparagraph (G); and aminations)’’ after ‘‘college program’’; Paragraph (7) of section 419N(b) (20 U.S.C. (3) by inserting after subparagraph (E) the (C) in paragraph (5), by striking ‘‘weekly’’; 1070e(b)) is amended to read as follows: following: (D) in paragraph (7), by striking ‘‘and’’ ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— ‘‘(F) that the lender will disclose, in a clear after the semicolon; For the purpose of this section, the term and conspicuous manner, to borrowers who (E) in paragraph (8), by striking the period ‘low-income student’ means a student who— consolidate loans made under part E of this at the end and inserting ‘‘; and’’; and ‘‘(A) is eligible to receive a Federal Pell title— (F) by adding at the end the following: Grant for the fiscal year for which the deter- ‘‘(i) that once the borrower adds the bor- ‘‘(9) other activities to improve persistence mination is made; or rower’s Federal Perkins Loan to a Federal and retention in postsecondary education.’’; ‘‘(B) would otherwise be eligible to receive Consolidation Loan, the borrower will lose (3) in subsection (c)— a Federal Pell Grant for the fiscal year for all interest-free periods that would have (A) in paragraph (1)— which the determination is made, except been available, such as those periods when (i) in subparagraph (B)— that the student fails to meet the require- no interest accrues on the Federal Perkins (I) in the matter preceding clause (i), by in- ments of— Loan while the borrower is enrolled in school serting ‘‘to improve placement, persistence, ‘‘(i) section 401(c)(1) because the student is at least half-time, during the grace period, and retention in postsecondary education’’ enrolled in a graduate or first professional and during periods when the borrower’s stu- after ‘‘services’’; and course of study; or dent loan repayments are deferred; (II) in clause (i), by striking ‘‘and career’’ ‘‘(ii) section 484(a)(5) because the student is ‘‘(ii) that the borrower will no longer be el- and inserting ‘‘career, and economic edu- in the United States for a temporary pur- igible for loan forgiveness of Federal Perkins cation or personal finance’’; pose.’’. Loans under any provision of section 465; and (ii) in subparagraph (E), by striking ‘‘and’’ (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) the occupations described in section after the semicolon; Section 419N(g) (20 U.S.C. 1070e(g)) is amend- 465(a)(2), individually and in detail, for which (iii) by redesignating subparagraph (F) as ed by striking ‘‘$45,000,000 for fiscal year the borrower will lose eligibility for Federal subparagraph (G); and 1999’’ and all that follows through the period Perkins Loan forgiveness; and’’. (iv) by inserting after subparagraph (E) the and inserting ‘‘such sums as may be nec- SEC. 424. DEFAULT REDUCTION PROGRAM. following: essary for fiscal year 2006 and each of the 5 Section 428F (20 U.S.C. 1078–6) is amended ‘‘(F) internships; and’’; and succeeding fiscal years.’’. by adding at the end the following: (B) in paragraph (2)— SEC. 410. LEARNING ANYTIME ANYWHERE PART- ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.— (i) in subparagraph (A), by striking ‘‘and’’ NERSHIPS. Where appropriate as determined by the in- after the semicolon; Subpart 8 of part A of title IV (20 U.S.C. stitution of higher education in which a bor- (ii) in subparagraph (B), by striking the pe- 1070f et seq.) is repealed. rower is enrolled, each program described in riod at the end and inserting ‘‘, and coordi- PART B—FEDERAL FAMILY EDUCATION subsection (b) shall include making available nating such services, assistance, and aid financial and economic education materials LOAN PROGRAM with other non-program services, assistance, for the borrower, including making the ma- and aid, including services, assistance, and SEC. 421. EXTENSION OF AUTHORITIES. terials available before, during, or after re- aid provided by community-based organiza- (a) FEDERAL INSURANCE LIMITATIONS.—Sec- habilitation of a loan.’’. tions, which may include mentoring and tion 424(a) (20 U.S.C. 1074(a)) is amended— SEC. 425. REPORTS TO CREDIT BUREAUS AND IN- guidance; and’’; and (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; STITUTIONS OF HIGHER EDU- (iii) by adding at the end the following: and CATION. ‘‘(C) for students attending 2-year institu- (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. Section 430A(a) (20 U.S.C. 1080a(a)) is tions of higher education, encouraging the (b) GUARANTEED LOANS.—Section 428(a)(5) amended— students to transfer to 4-year institutions of (20 U.S.C. 1078(a)(5)) is amended— (1) in the first sentence, by striking ‘‘with higher education, where appropriate, and (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; credit bureau organizations’’ and inserting monitoring the rate of transfer of such stu- and ‘‘with each consumer reporting agency that dents.’’; (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. compiles and maintains files on consumers (4) in subsection (e), by striking ‘‘section (3) CONSOLIDATION LOANS.—Section 428C(e) on a nationwide basis (as defined in section 402A(c)(1)’’ and inserting ‘‘section (20 U.S.C. 1078–3(e)) is amended by striking 603(q) of the Fair Credit Reporting Act (15 402A(c)(2)’’; ‘‘2004’’ and inserting ‘‘2012’’. U.S.C. 1681a(q))’’; (5) in subsection (f)— SEC. 422. FEDERAL PAYMENTS TO REDUCE STU- (2) by redesignating paragraphs (1), (2), and (A) in paragraph (1), by striking ‘‘$150,000’’ DENT INTEREST COSTS. (3) as paragraphs (2), (4), and (5), respec- and inserting ‘‘$180,000’’; and Section 428 (20 U.S.C. 1078) is amended— tively; (B) in paragraph (2), by striking ‘‘$150,000’’ (1) in subsection (b)(1)— (3) by inserting before paragraph (2) (as re- and inserting ‘‘$180,000’’; and (A) in subparagraph (N)— designated by paragraph (2)), the following: (6) in subsection (h)— (i) in clause (i), by striking ‘‘or’’ after the ‘‘(1) the type of loan made, insured, or (A) in paragraph (1), by striking semicolon; and guaranteed under this title;’’; ‘‘$15,000,000 for fiscal year 1999’’ and all that (ii) by striking clause (ii) and inserting the (4) by inserting after paragraph (2) (as re- follows through the period and inserting following: designated by paragraph (2)), the following: ‘‘such sums as may be necessary for fiscal ‘‘(ii) in the case of a student who is study- ‘‘(3) information concerning the repayment year 2006 and each of the 5 succeeding fiscal ing outside the United States in a program status of the loan, which information shall years.’’; and of study abroad that is approved for credit be included in the file of the borrower, ex- (B) in paragraph (2), by striking ‘‘$5,000,000 by the home institution at which such stu- cept that nothing in this paragraph shall be for fiscal year 1999’’ and all that follows dent is enrolled, are, at the request of the construed to affect any otherwise applicable through the period and inserting ‘‘such sums student, disbursed directly to the student by provision of the Fair Credit Reporting Act as may be necessary for fiscal year 2006 and the means described in clause (i), unless such (15 U.S.C. 1681 et seq.)’’; each of the 5 succeeding fiscal years.’’. student requests that the check be endorsed, (5) in paragraph (4) (as redesignated by SEC. 408. ROBERT C. BYRD HONORS SCHOLAR- or the funds transfer be authorized, pursuant paragraph (2)), by striking ‘‘and’’ after the SHIP PROGRAM. to an authorized power-of-attorney; or semicolon; Section 419K (20 U.S.C. 1070d–41) is amend- ‘‘(iii) in the case of a student who is study- (6) in paragraph (5) (as redesignated by ed by striking ‘‘$45,000,000 for fiscal year ing outside the United States in a program paragraph (2)), by striking the period and in- 1999’’ and all that follows through the period of study at an eligible foreign institution, serting ‘‘; and’’; and and inserting ‘‘such sums as may be nec- are, at the request of the foreign institution, (7) by adding at the end the following: essary for fiscal year 2006 and each of the 5 disbursed directly to the student by the ‘‘(6) any other information required to be succeeding fiscal years.’’. means described in clause (i);’’; and reported by Federal law.’’.

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COMMON FORMS AND FORMATS. ‘‘(F) shall use the proceeds from special al- the period and inserting ‘‘$904,000,000 in fiscal Section 432(m)(1)(D)(i) (20 U.S.C. lowance payments, interest payments from year 2006, $943,000,000 in fiscal year 2007, 1082(m)(1)(D)(i)) is amended by adding at the borrowers, proceeds from the sale of a loan $983,000,000 in fiscal year 2008, $1,023,000,000 in end the following: ‘‘Unless otherwise notified made, insured, or guaranteed under this fiscal year 2009, $1,064,000,000 in fiscal year by the Secretary, each institution of higher part, and all other proceeds related to such a 2010, and $1,106,000,000 in fiscal year 2011.’’; education that participates in the program loan that are furnished to the eligible insti- and under this part or part D may use a master tution or any entity affiliated (directly or (2) in subsection (c)(1), by striking subpara- promissory note for loans under this part indirectly) with the eligible institution, for graphs (A) through (E) and inserting the fol- and part D.’’. need based grant programs, except that such lowing: SEC. 427. STUDENT LOAN INFORMATION BY ELI- GIBLE BORROWERS. payments and proceeds may be used for rea- ‘‘(A) for fiscal year 2006, shall not exceed Section 433 (20 U.S.C. 1083) is amended by sonable reimbursement for direct adminis- $271,000,000; adding at the end the following: trative expenses;’’. ‘‘(B) for fiscal year 2007, shall not exceed ‘‘(f) BORROWER INFORMATION AND PRI- SEC. 430. REPAYMENT BY THE SECRETARY OF $293,000,000; VACY.—Each eligible lender, guaranty agen- LOANS OF BANKRUPT, DECEASED, ‘‘(C) for fiscal year 2008, shall not exceed cy, secondary market, consumer reporting OR DISABLED BORROWERS; TREAT- $315,000,000; MENT OF BORROWERS ATTENDING agency, or student loan servicer partici- ‘‘(D) for fiscal year 2009, shall not exceed pating in a program under this part shall not SCHOOLS THAT FAIL TO PROVIDE A REFUND, ATTENDING CLOSED $336,000,000; use, release, sell, transfer, or give any stu- SCHOOLS, OR FALSELY CERTIFIED ‘‘(E) for fiscal year 2010, shall not exceed dent information, including the name, ad- AS ELIGIBLE TO BORROW. $356,000,000; and dress, social security number, or amount Section 437 (20 U.S.C. 1087) is amended— ‘‘(F) for fiscal year 2011, shall not exceed borrowed by a borrower or a borrower’s par- (1) in the section heading, by striking $378,000,000.’’. ent, for any purpose that is not related to ‘‘CLOSED SCHOOLS OR FALSELY CER- the processing of, the collecting of, the serv- TIFIED AS ELIGIBLE TO BORROW’’ and in- PART E—FEDERAL PERKINS LOANS icing of, or other activities associated with serting ‘‘SCHOOLS THAT FAIL TO PROVIDE the prevention of default on, loans under this SEC. 461. PROGRAM AUTHORITY. A REFUND, ATTENDING CLOSED title. Section 461(b) (20 U.S.C. 1087aa(b)) is ‘‘(g) LOAN BENEFIT DISCLOSURES.— SCHOOLS, OR FALSELY CERTIFIED AS ELI- GIBLE TO BORROW’’; and amended— ‘‘(1) IN GENERAL.—Each eligible lender, (1) in paragraph (1), by striking holder, or servicer of a loan made, insured, (2) in the first sentence of subsection (c)(1), by inserting ‘‘or was falsely certified as a re- ‘‘$250,000,000 for fiscal year 1999’’ and all that or guaranteed under this part shall provide follows through the period and inserting the borrower with information on the loan sult of a crime of identity theft’’ after ‘‘such sums as may be necessary for fiscal benefit repayment options the lender, holder, ‘‘falsely certified by the eligible institu- year 2006 and each of the 5 succeeding fiscal or servicer offer, including information on tion’’. years.’’; and reductions in interest rates— PART C—FEDERAL WORK-STUDY (2) in paragraph (2),— ‘‘(A) by repaying the loan by automatic PROGRAMS (A) by striking ‘‘fiscal year 2003’’ and in- payroll or checking account deduction; SEC. 441. AUTHORIZATION OF APPROPRIATIONS. serting ‘‘fiscal year 2009’’; and ‘‘(B) by completing a program of on-time Section 441(b) (42 U.S.C. 2751(b)) is amended (B) by striking ‘‘October 1, 2003’’ and in- repayment; and by striking ‘‘$1,000,000 for fiscal year 1999’’ serting ‘‘October 1, 2009’’. ‘‘(C) under any other interest rate reduc- and all that follows through the period and tion program. inserting ‘‘such sums as may be necessary SEC. 462. TERMS OF LOANS. for fiscal year 2006 and each of the 5 suc- ‘‘(2) INFORMATION.—Such borrower infor- Section 464 (20 U.S.C. 1087dd) is amended— ceeding fiscal years.’’. mation shall include— (1) in subsection (b)(1), by striking ‘‘for an ‘‘(A) any limitations on such options; SEC. 442. ALLOWANCE FOR BOOKS AND SUP- additional loan under this part’’ and insert- ‘‘(B) explicit information on the reasons a PLIES. Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) ing ‘‘for additional aid under this title’’; and borrower may lose eligibility for such an op- (2) in subsection (e), by striking ‘‘written’’. tion; is amended by striking ‘‘$450’’ and inserting ‘‘(C) examples of the impact the interest ‘‘$600’’. SEC. 463. CANCELLATION OF LOANS FOR CER- rate reductions will have on a borrower’s SEC. 443. GRANTS FOR FEDERAL WORK-STUDY TAIN PUBLIC SERVICE. time for repayment and amount of repay- PROGRAMS. Section 465(a) (20 U.S.C. 1087ee(a)) is Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is ment; amended— amended— ‘‘(D) upon the request of the borrower, the (1) in paragraph (2)— (1) by striking subparagraph (A); effect the reductions in interest rates will (A) in subparagraph (B), by striking ‘‘Head (2) by redesignating subparagraphs (B) and have with respect to the borrower’s payoff Start Act which’’ and inserting ‘‘Head Start (C) as subparagraphs (A) and (B), respec- amount and time for repayment; and Act, or in a prekindergarten or child care tively; and ‘‘(E) information on borrower recertifi- program that is licensed or regulated by the (3) in subparagraph (A) (as redesignated by cation requirements.’’. State, that’’; paragraph (2)), by striking ‘‘this subpara- SEC. 428. CONSUMER EDUCATION INFORMATION. (B) in subparagraph (H), by striking ‘‘or’’ graph if’’ and all that follows through ‘‘insti- Part B (20 U.S.C. 1071 et seq.) is amended after the semicolon; tution;’’ and inserting ‘‘this subparagraph by inserting after section 433 (20 U.S.C. 1083) (C) in subparagraph (I), by striking the pe- if— the following: riod and inserting a semicolon; and ‘‘(i) the Secretary determines that enforc- ‘‘SEC. 433A. CONSUMER EDUCATION INFORMA- (D) by inserting before the matter fol- TION. ing this subparagraph would cause hardship lowing subparagraph (I) (as amended by sub- ‘‘Each guaranty agency participating in a for students at the institution; or paragraph (C)) the following: program under this part working with the ‘‘(ii) the institution certifies to the Sec- ‘‘(J) as a full-time faculty member at a institutions of higher education served by retary that 15 percent or more of its total tribally controlled college or university, as such guaranty agency (or in the case of an full-time enrollment participates in commu- that term is defined in section 2 of the Trib- institution of higher education that provides nity service activities described in section ally Controlled College or University Assist- loans exclusively through part D, the insti- 441(c) or tutoring and literacy activities de- ance Act of 1978; or tution working with a guaranty agency or scribed in subsection (d) of this section;’’. with the Secretary) shall develop and make ‘‘(K) as a librarian, if the librarian has a SEC. 444. JOB LOCATION AND DEVELOPMENT master’s degree in library science and is em- available a quality educational program and PROGRAMS. materials to provide training for students in Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is ployed in— budgeting and financial management, in- amended by striking ‘‘$50,000’’ and inserting ‘‘(i) an elementary school or secondary cluding debt management and other aspects ‘‘$75,000’’. school library that is eligible for assistance of financial literacy, such as the cost of under title I of the Elementary and Sec- SEC. 445. WORK COLLEGES. using very high interest loans to pay for Section 448(f) (42 U.S.C. 2756b(f)) is amend- ondary Education Act of 1965; or postsecondary education, particularly as ed by striking ‘‘5,000,000 for fiscal year 1999’’ ‘‘(ii) a public library that serves a geo- budgeting and financial management relates and all that follows through the period and graphic area that contains 1 or more schools to student loan programs authorized by this inserting ‘‘such sums as may be necessary eligible for assistance under title I of the El- title. Nothing in this section shall be con- for fiscal year 2006 and each of the 5 suc- ementary and Secondary Education Act of strued to prohibit a guaranty agency from ceeding fiscal years.’’. 1965.’’; and using an existing program or existing mate- (2) in paragraph (3)(A)(i), by striking ‘‘or rials to meet the requirement of this section. PART D—WILLIAM D. FORD FEDERAL (I)’’ and inserting ‘‘(I), (J), or (K)’’. The activities described in this section shall DIRECT LOAN PROGRAM be considered default reduction activities for SEC. 451. FUNDS FOR ADMINISTRATIVE EX- PART F—NEED ANALYSIS the purposes of section 422.’’. PENSES. SEC. 471. COST OF ATTENDANCE. SEC. 429. DEFINITION OF ELIGIBLE LENDER. Section 458 (20 U.S.C. 1087h) is amended— Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is (1) in subsection (a)(1), in the matter fol- Section 472 (20 U.S.C. 1087ll) is amended— amended by striking subparagraph (F) and lowing subparagraph (B), by striking (1) by striking paragraph (4) and inserting inserting the following: ‘‘$617,000,000’’ and all that follows through the following:

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‘‘(4) for less than half-time students (as de- PART G—GENERAL PROVISIONS ‘‘(iv) FREE AVAILABILITY AND PROCESSING.— termined by the institution), tuition and fees RELATING TO STUDENT ASSISTANCE The provisions of paragraph (6) shall apply to and an allowance for only— SEC. 481. DEFINITION OF ACADEMIC AND AWARD the EZ FAFSA, and the data collected by ‘‘(A) books, supplies, and transportation YEAR. means of the EZ FAFSA shall be available to (as determined by the institution); The second sentence of section 481(a)(2) (20 institutions of higher education, guaranty ‘‘(B) dependent care expenses (determined U.S.C. 1088(a)(2)) is amended by inserting agencies, and States in accordance with in accordance with paragraph (8)); and ‘‘and that measures program length in credit paragraph (9). ‘‘(C) room and board costs (determined in hours or clock hours’’ after ‘‘baccalaureate ‘‘(v) TESTING.—The Secretary shall conduct accordance with paragraph (3)), except that a degree’’. appropriate field testing on the EZ FAFSA. student may receive an allowance for such SEC. 482. COMPLIANCE CALENDAR. ‘‘(C) PHASING OUT THE FULL PAPER FORM costs under this subparagraph for not more Section 482 (20 U.S.C. 1089) is amended by FOR STUDENTS WHO DO NOT MEET THE REQUIRE- than 3 semesters or the equivalent, of which adding at the end the following: MENTS OF THE EZ FAFSA.— not more than 2 semesters or the equivalent ‘‘(a) COMPLIANCE CALENDAR.—Prior to the ‘‘(i) IN GENERAL.—The Secretary shall may be consecutive;’’; beginning of each award year, the Secretary make all efforts to encourage all applicants (2) in paragraph (11), by striking ‘‘and’’ shall provide to institutions of higher edu- to utilize the electronic forms described in after the semicolon; cation a list of all the reports and disclo- paragraph (3). (3) in paragraph (12), by striking the period sures required under this Act. The list shall ‘‘(ii) PHASEOUT OF FULL PAPER FAFSA.—Not and inserting ‘‘; and’’; and include— later than 5 years after the date of enact- (4) by adding at the end the following: ‘‘(1) the date each report or disclosure is ment of the Higher Education Amendments ‘‘(13) at the option of the institution, for a required to be completed and to be sub- of 2005, to the extent practicable, the Sec- student in a program requiring professional mitted, made available, or disseminated; retary shall phase out the printing of the licensure or certification, the one time cost ‘‘(2) the required recipients of each report long paper form created under subparagraph of obtaining the first professional creden- or disclosure; (A) and used by applicants who do not meet tials (as determined by the institution).’’. ‘‘(3) any required method for transmittal the requirements of the EZ FAFSA described or dissemination of each report or disclosure; SEC. 472. DEFINITIONS. in subparagraph (B). ‘‘(4) a description of the content of each re- VAILABILITY OF FULL PAPER FAFSA (a) DEFINITIONS.—Section 480 (20 U.S.C. ‘‘(iii) A .— 1087vv) is amended— port or disclosure sufficient to allow the in- ‘‘(I) IN GENERAL.—Both prior to and after (1) in subsection (f)— stitution to identify the appropriate individ- the phaseout described in clause (ii), the Sec- (A) in paragraph (1), by inserting ‘‘quali- uals to be assigned the responsibility for retary shall maintain on the Internet print- such report or disclosure; fied education benefits (except as provided in able versions of the paper forms described in ‘‘(5) references to the statutory authority, paragraph (3)),’’ after ‘‘tax shelters,’’; and subparagraphs (A) and (B). applicable regulations, and current guidance (B) by adding at the end the following: ‘‘(II) ACCESSIBILITY.—The printable ‘‘(3) A qualified education benefit shall not issued by the Secretary regarding each re- versions described in subclause (I) shall be be considered an asset of a student for pur- port or disclosure; and made easily accessible and downloadable to poses of section 475. ‘‘(6) any other information which is perti- students on the same Web site used to pro- ‘‘(4) In determining the value of assets in a nent to the content or distribution of the re- vide students with the common electronic determination of need under this title (other port or disclosure.’’. forms described in paragraph (3). than for subpart 4 of part A), the value of a SEC. 483. FORMS AND REGULATIONS. ‘‘(III) SUBMISSION OF FORMS.—The Sec- qualified education benefit shall be— Section 483 (20 U.S.C. 1090) is amended— retary shall conduct a study to determine ‘‘(A) the refund value of any tuition credits (1) by striking subsections (a) and (b), and the feasibility of using downloaded forms to or certificates purchased under a qualified inserting the following: ensure sufficient quality to meet the proc- education benefit; and ‘‘(a) COMMON FINANCIAL AID FORM DEVEL- essing requirements of this section. Fol- ‘‘(B) in the case of a program in which con- OPMENT AND PROCESSING.— lowing the completion of the study, the Sec- tributions are made to an account that is es- ‘‘(1) IN GENERAL.—The Secretary, in co- retary shall enable, to the extent prac- tablished for the purpose of meeting the operation with representatives of agencies ticable, students to submit a form described qualified higher education expenses of the and organizations involved in student finan- in this clause that is downloaded from the designated beneficiary of the account, the cial assistance, shall produce, distribute, and Internet and printed, in order to meet the current balance of such account. process free of charge common financial re- filing requirements of this section and to re- ‘‘(5) In this subsection: porting forms as described in this subsection ceive financial assistance under this title. ‘‘(A) QUALIFIED EDUCATION BENEFIT.—The to be used to determine the need and eligi- ‘‘(iv) USE OF SAVINGS.— term ‘qualified education benefit’ means— bility of a student for financial assistance ‘‘(I) IN GENERAL.—The Secretary shall uti- ‘‘(i) a qualified tuition program (as defined under parts A through E of this title (other lize any realized savings accrued by phasing in section 529(b)(1)(A) of the Internal Rev- than under subpart 4 of part A). The forms out the full paper FAFSA and moving more enue Code of 1986) or other prepaid tuition shall be made available to applicants in both applicants to the common electronic forms, plan offered by a State; and paper and electronic formats and shall be re- to improve access to the electronic forms for ‘‘(ii) a Coverdell education savings account ferred to (except as otherwise provided in applicants meeting the requirements of sec- (as defined in section 530(b)(1) of the Internal this subsection) as the ‘Free Application for tion 479(c). Revenue Code of 1986). Federal Student Aid’, or ‘FAFSA’. ‘‘(II) REPORT.—The Secretary shall report ‘‘(2) PAPER FORMAT.— ‘‘(B) QUALIFIED HIGHER EDUCATION EX- annually to the authorizing committees on— ‘‘(A) IN GENERAL.—Subject to subparagraph PENSES.—The term ‘qualified higher edu- ‘‘(aa) the steps taken to improve access to cation expenses’ has the meaning given the (C), the Secretary shall produce, distribute, the common electronic forms for applicants term in section 529(e) of the Internal Rev- and process common forms in paper format meeting the requirements of section 479(c); enue Code of 1986.’’; and to meet the requirements of paragraph (1). and (2) in subsection (j)— The Secretary shall develop a common paper ‘‘(bb) the phaseout of the long common (A) in the subsection heading, by striking form for applicants who do not meet the re- paper form described in subparagraph (A). quirements of or do not wish to use the proc- ‘‘(3) ELECTRONIC FORMAT.— ‘‘; TUITION PREPAYMENT PLANS’’; (B) by striking paragraph (2); ess described in subparagraph (B). ‘‘(A) IN GENERAL.—The Secretary shall (C) by redesignating paragraph (3) as para- ‘‘(B) EZ FAFSA.— produce, distribute, and process common graph (2); and ‘‘(i) IN GENERAL.—The Secretary shall de- forms in electronic format and make such (D) by inserting after paragraph (2) (as re- velop and use a simplified paper application forms available through a broadly accessible designated by subparagraph (C)) the fol- form, to be known as the ‘EZ FAFSA’, to be website to meet the requirements of para- lowing paragraph: used for applicants meeting the require- graph (1). The Secretary shall develop com- ‘‘(3) Notwithstanding paragraph (1) and ments under section 479(c). mon electronic forms for applicants who do section 472, assistance not received under ‘‘(ii) REDUCED DATA REQUIREMENTS.—The not meet the requirements of subparagraph this title may be excluded from both esti- EZ FAFSA shall permit an applicant to sub- (B). The Secretary shall include on the com- mated financial assistance and cost of at- mit for purposes of determining financial mon electronic forms space for information tendance, if that assistance is designated by need and eligibility, only the data elements that needs to be submitted from the appli- the State providing that assistance to offset required to make a determination of student cant to be eligible for State financial assist- a specific component of the cost of attend- eligibility and whether the applicant meets ance, as provided under paragraph (5), except ance. If that assistance is excluded from esti- the requirements of section 479(c). the Secretary shall not require applicants to mated financial assistance or cost of attend- ‘‘(iii) STATE DATA.—The Secretary shall in- complete data required by any State other ance, that assistance shall be excluded from clude on the EZ FAFSA such data items as than the applicant’s State of residence. The both calculations.’’. may be necessary to award State financial Secretary shall use all available technology (b) EFFECTIVE DATE.—The amendments assistance, as provided under paragraph (5), to ensure that a student using a common made by this section shall apply with respect except the Secretary shall not include a electronic form answers only the minimum to determinations of need under part F of State’s data if that State does not permit its number of questions necessary. title IV for academic years beginning on or applicants for State assistance to use the EZ ‘‘(B) SIMPLIFIED ELECTRONIC APPLICA- after July 1, 2006. FAFSA. TIONS.—

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‘‘(i) IN GENERAL.—The Secretary shall de- ‘‘(i) to enable the applicants to use such ‘‘(I) whether the State permits an appli- velop and use a simplified electronic applica- numbers as a signature for purposes of com- cant to file a form described in paragraph tion form to be used by applicants meeting pleting a form under this paragraph; and (2)(B) or (3)(B) for purposes of determining the requirements of section 479(c) and an ad- ‘‘(ii) for any purpose determined by the eligibility for State need-based financial aid; ditional, separate simplified electronic appli- Secretary to enable the Secretary to carry and cation form to be used by applicants meeting out this title. ‘‘(II) of the State-specific data that the the requirements under section 479(b). ‘‘(4) STREAMLINED REAPPLICATION PROC- State requires for delivery of State need- ‘‘(ii) REDUCED DATA REQUIREMENTS.—The ESS.— based financial aid. simplified electronic application forms shall ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(ii) ACCEPTANCE OF FORMS.—If a State permit an applicant to submit for purposes velop streamlined reapplication forms and does not permit an applicant to file a form of determining financial need and eligibility, processes, including both paper and elec- described in paragraph (2)(B) or (3)(B) for only the data elements required to make a tronic reapplication processes, consistent purposes of determining eligibility for State with the requirements of this subsection, for need-based financial aid, then the State shall determination of student eligibility and an applicant who applies for financial assist- notify the Secretary if it is not permitted to whether the applicant meets the require- ance under this title in the next succeeding do so because of State law or agency policy. ments under subsection (b) or (c) of section academic year subsequent to an academic The notification shall include an acknowl- 479. year in which such applicant applied for fi- edgment that State-specific questions will ‘‘(iii) STATE DATA.—The Secretary shall in- nancial assistance under this title. not be included on a form described in para- clude on the simplified electronic applica- ‘‘(B) MECHANISMS FOR REAPPLICATION.—The graph (2)(B) or (3)(B). tion forms such data items as may be nec- Secretary shall develop appropriate mecha- ‘‘(iii) LACK OF NOTIFICATION BY THE STATE.— essary to award State financial assistance, nisms to support reapplication. If a State does not notify the Secretary pur- as provided under paragraph (5), except the ‘‘(C) IDENTIFICATION OF UPDATED DATA.— suant to clause (i), the Secretary shall— Secretary shall not require applicants to The Secretary shall determine, in coopera- ‘‘(I) permit residents of that State to com- complete data required by any State other tion with States, institutions of higher edu- plete simplified application forms under than the applicant’s State of residence and cation, and agencies and organizations in- paragraphs (2)(B) and (3)(B); and shall not include a State’s data if such State volved in student financial assistance, the ‘‘(II) not require any resident of such State does not permit its applicants for State as- data elements that can be updated from the to complete any data previously required by sistance to use the simplified electronic ap- previous academic year’s application. that State under this section. plication form described in this subpara- ‘‘(D) REDUCED DATA AUTHORIZED.—Nothing ‘‘(F) RESTRICTION.—The Secretary shall not graph. in this title shall be construed as limiting require applicants to complete any financial ‘‘(iv) FREE AVAILABILITY AND PROCESSING.— the authority of the Secretary to reduce the or non-financial data that are not required The provisions of paragraph (6) shall apply to number of data elements required of re- by the applicant’s State, except as may be the simplified electronic application forms, applicants. required for applicants who use the paper and the data collected by means of the sim- ‘‘(E) ZERO FAMILY CONTRIBUTION.—Appli- forms described in subparagraphs (A) and (B) plified electronic application forms shall be cants determined to have a zero family con- of paragraph (2). available to institutions of higher education, tribution pursuant to section 479(c) shall not ‘‘(6) CHARGES TO STUDENTS AND PARENTS guaranty agencies, and States in accordance be required to provide any financial data in FOR USE OF FORMS PROHIBITED.—The common with paragraph (9). a reapplication form, except that which is financial reporting forms prescribed by the ‘‘(v) TESTING.—The Secretary shall conduct necessary to determine eligibility under Secretary under this subsection shall be pro- appropriate field testing on the forms devel- such section. duced, distributed, and processed by the Sec- oped under this subparagraph. ‘‘(5) STATE REQUIREMENTS.— retary, and no parent or student shall be ‘‘(C) USE OF FORMS.—Nothing in this sub- ‘‘(A) IN GENERAL.—Except as provided in charged a fee by the Secretary, a contractor, section shall be construed to prohibit the use paragraphs (2)(B)(iii), (3)(A), and (3)(B)(iii), a third-party servicer or private software of the forms developed by the Secretary pur- the Secretary shall include on the forms de- provider, or any other public or private enti- suant to this paragraph by an eligible insti- veloped under this subsection, such State- ty for the collection, processing, or delivery tution, eligible lender, a guaranty agency, a specific data items as the Secretary deter- of financial aid through the use of such State grant agency, a private computer soft- mines are necessary to meet State require- forms. The need and eligibility of a student ware provider, a consortium of such entities, ments for need-based State aid. Such items for financial assistance under parts A or such other entity as the Secretary may shall be selected in consultation with State through E (other than under subpart 4 of designate. Data collected by the forms shall agencies in order to assist in the awarding of part A) may be determined only by using a be used only for the application, award, and State financial assistance in accordance form developed by the Secretary pursuant to with the terms of this subsection, except as this subsection. No student may receive fi- administration of aid awarded under this provided in paragraphs (2)(B)(iii), (3)(A), and nancial assistance under parts A through E title, State aid, or aid awarded by eligible in- (3)(B)(iii). The number of such data items (other than under subpart 4 of part A), ex- stitutions or such entities as the Secretary shall not be less than the number included cept by use of a form developed by the Sec- may designate. No data collected by such on the form for the 2005–2006 award year un- retary pursuant to this subsection. No data electronic version of the forms shall be used less a State notifies the Secretary that the collected on a paper or electronic form, for making final aid awards under this title State no longer requires those data items for worksheet, or other document for which a until such data have been processed by the the distribution of State need-based aid. fee is charged shall be used to complete the Secretary or a contractor or designee of the ‘‘(B) ANNUAL REVIEW.—The Secretary shall form prescribed under this subsection. No Secretary, except as may be permitted under conduct an annual review process to deter- person, commercial entity, or other entity this title. mine which data items the States require to shall request, obtain, or utilize an appli- ‘‘(D) PRIVACY.—The Secretary shall ensure award need-based State aid. cant’s personal identification number as- that data collection under this paragraph ‘‘(C) ENCOURAGE USE OF FORMS.—The Sec- signed under paragraph (3)(F) for purposes of complies with section 552a of title 5, United retary shall encourage States to take such submitting an application on an applicant’s States Code, and that any entity using the steps as are necessary to encourage the use behalf. electronic version of the forms developed by of simplified application forms, including ‘‘(7) APPLICATION PROCESSING CYCLE.—The the Secretary pursuant to this paragraph those described in paragraphs (2)(B) and Secretary shall— shall maintain reasonable and appropriate (3)(B), for applicants who meet the require- ‘‘(A) enable students to submit forms cre- administrative, technical, and physical safe- ments of subsection (b) or (c) of section 479. ated under this subsection in order to meet guards to ensure the integrity and confiden- ‘‘(D) FEDERAL REGISTER NOTICE.—The Sec- the filing requirements of this section and in tiality of the information, and to protect retary shall publish, on an annual basis, a order to receive financial assistance from against security threats, or unauthorized notice in the Federal Register requiring programs under this title; and uses or disclosures of the information pro- States to inform the Secretary— ‘‘(B) enable students to submit forms cre- vided on the electronic version of the forms. ‘‘(i) if the State plans to use the FAFSA to ated under this subsection and initiate the ‘‘(E) SIGNATURE.—Notwithstanding any collect data to determine eligibility for processing of such forms under this sub- other provision of this Act, the Secretary State need-based financial aid; section, as early as practicable prior to Jan- may permit an electronic form under this ‘‘(ii) of the State-specific data that the uary 1 of the student’s planned year of en- paragraph to be submitted without a signa- State requires for delivery of State need- rollment. ture, if a signature is subsequently sub- based financial aid; and ‘‘(8) EARLY ESTIMATES.—The Secretary mitted by the applicant or if the applicant ‘‘(iii) if the State agency is unable to per- shall permit an applicant to complete a form uses a personal identification number pro- mit applicants to utilize the simplified appli- described in this subsection in the years vided by the Secretary under subparagraph cation forms described in paragraph (2)(B) or prior to enrollment in order to obtain from (F). (3)(B). the Secretary a nonbinding estimate of the ‘‘(F) PERSONAL IDENTIFICATION NUMBERS AU- ‘‘(E) STATE NOTIFICATION TO THE SEC- applicant’s expected family contribution, as THORIZED.—The Secretary is authorized to RETARY.— defined in section 473. Such applicant shall assign to applicants personal identification ‘‘(i) IN GENERAL.—Each State agency shall be permitted to update information sub- numbers— notify the Secretary— mitted on a form described in this subsection

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using the process required under paragraph ‘‘(A) IN GENERAL.—A student enrolled in a SEC. 486. INSTITUTIONAL REFUNDS. (4). course of instruction at an institution of Section 484B (20 U.S.C. 1091B) is amended— ‘‘(9) DISTRIBUTION OF DATA.—Institutions of higher education that is offered predomi- (1) in subsection (a)— higher education, guaranty agencies, and nately through distance education and leads (A) in the matter preceding clause (i) of States shall receive, without charge, the to a recognized certificate, or associate, bac- paragraph (2)(A), by striking ‘‘a leave of’’ data collected by the Secretary using the calaureate, or graduate degree, conferred by and inserting ‘‘1 or more leaves of’’; and form developed pursuant to this subsection such institution, shall not be considered to (B) in paragraph (3)(C)(i), by striking for the purposes of processing loan applica- be enrolled in correspondence courses. ‘‘grant or loan assistance under this title’’ tions and determining need and eligibility ‘‘(B) EXCEPTION.—An institution of higher and inserting ‘‘grant assistance under sub- for institutional and State financial aid education referred to in subparagraph (A) parts 1 and 3 of part A, or loan assistance awards. Entities designated by institutions shall not include an institution or school de- under parts B, D, and E,’’; of higher education, guaranty agencies, or scribed in section 3(3)(C) of the Carl D. Per- (2) in subsection (b), by adding at the end States to receive such data shall be subject kins Vocational and Technical Education the following: to all the requirements of this section, un- Act of 1998. ‘‘(4) TIME FRAME.—Not later than 45 days less such requirements are waived by the ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN- after the date of an institution’s determina- Secretary. CIAL AID.—A student’s eligibility to receive tion that a student withdrew from the insti- ‘‘(10) THIRD PARTY SERVICERS AND PRIVATE grants, loans, or work assistance under this tution, the institution shall— SOFTWARE PROVIDERS.—To the extent prac- title shall be reduced if a financial aid officer ‘‘(A) return the amount required under ticable and in a timely manner, the Sec- determines under the discretionary author- paragraph (1); retary shall provide, to private organizations ity provided in section 479A that tele- ‘‘(B) notify the student of the applicable and consortia that develop software used by communications instruction results in a sub- requirements regarding the overpayment of institutions of higher education for the ad- stantially reduced cost of attendance to such grant and loan assistance and ministration of funds under this title, all the student. ‘‘(C) notify the student of the student’s eli- necessary specifications that the organiza- ‘‘(3) SPECIAL RULE.—For award years prior gibility for post-withdrawal disbursements.’’; tions and consortia must meet for the soft- to the date of enactment of this subsection, (3) in subsection (c)(2)— ware the organizations and consortia de- the Secretary shall not take any compliance, (A) by striking the period at the end and velop, produce, and distribute (including any disallowance, penalty, or other action inserting ‘‘; or’’; diskette, modem, or network communica- against a student or an eligible institution (B) by striking ‘‘may determine the appro- tions) which are so used. The specifications when such action arises out of such institu- priate’’ and inserting ‘‘may determine— shall contain record layouts for required tion’s prior award of student assistance ‘‘(A) the appropriate’’; and data. The Secretary shall develop in advance under this title if the institution dem- (C) by adding at the end the following: of each processing cycle an annual schedule onstrates to the satisfaction of the Secretary ‘‘(B) that the requirements of this section for providing such specifications. The Sec- that its course of instruction would have do not apply to the student.’’; and retary, to the extent practicable, shall use been in conformance with the requirements (4) in subsection (d)(2), by striking ‘‘clock means of providing such specifications, in- of this subsection. hours—’’ and all that follows through the pe- cluding conferences and other meetings, out- ‘‘(4) DEFINITION.—In this subsection, the riod and inserting ‘‘clock hours scheduled to reach, and technical support mechanisms term ‘distance education’ has the meaning be completed by the student in that period (such as training and printed reference mate- given the term in section 102.’’; and as of the day the student withdrew.’’. rials). The Secretary shall, from time to (3) in subsection (r)— SEC. 487. INSTITUTIONAL AND FINANCIAL AS- time, solicit from such organizations and (A) in the matter preceding the table, by SISTANCE FOR STUDENTS. Section 485 (20 U.S.C. 1092) is amended— consortia means of improving the support inserting ‘‘of a controlled substance, while (1) in subsection (a)— provided by the Secretary. such student is enrolled in an institution of (A) in paragraph (1)— ‘‘(11) PARENT’S SOCIAL SECURITY NUMBER higher education and receiving financial as- (i) in subparagraph (N), by striking ‘‘and’’ AND BIRTH DATE.—The Secretary is author- sistance under this title,’’ after ‘‘the posses- after the semicolon; ized to include on the form developed under sion’’; (ii) in subparagraph (O), by striking the pe- this subsection space for the social security (B) in the column heading of the first riod and inserting ‘‘; and’’; and number and birth date of parents of depend- table, by inserting ‘‘while the student is en- (iii) by adding at the end the following: ent students seeking financial assistance rolled in an institution of higher education ‘‘(P) student body diversity at the institu- under this title.’’; and receiving financial assistance under this tion, including information on the percent- (2) by redesignating subsections (c) title’’ after ‘‘possession of a controlled sub- age of enrolled, full-time students who are— through (e) as subsections (b) through (d), re- stance’’; and ‘‘(i) male; spectively; and (C) by redesignating paragraph (3) as para- ‘‘(ii) female; (3) in subsection (c) (as redesignated by graph (4); and ‘‘(iii) from a low-income background; and paragraph (2)), by striking ‘‘that is author- (D) by inserting after paragraph (2) the fol- ‘‘(iv) a self-identified member of a major ized’’ and all that follows through the period lowing: racial or ethnic group.’’; at the end and inserting ‘‘or other appro- ‘‘(2) INTERACTION WITH FAFSA.—The Sec- (B) by striking paragraph (4) and inserting priate provider of technical assistance and retary shall not require a student to provide the following: information on postsecondary educational information regarding the student’s posses- ‘‘(4) For purposes of this section, institu- services that is authorized under section sion of a controlled substance on the Free tions may— 663(a) of the Individuals with Disabilities Application for Federal Student Aid de- ‘‘(A) exclude from the information dis- Education Act. Not later than 2 years after scribed in section 483(a).’’. closed in accordance with subparagraph (L) the date of enactment of the Higher Edu- SEC. 485. STATUTE OF LIMITATIONS AND STATE of paragraph (1) the completion or gradua- cation Amendments of 2005, the Secretary COURT JUDGMENTS. tion rates of students who leave school to shall test and implement, to the extent prac- Section 484A (20 U.S.C. 1091a) is amended— serve in the Armed Forces, on official church ticable, a toll-free telephone based system to (1) in subsection (b)— missions, or with a recognized foreign aid permit applicants who meet the require- (A) in paragraph (1), by striking ‘‘and’’ service of the Federal Government; or ments of 479(c) to submit an application over after the semicolon; ‘‘(B) in cases where 20 percent or more of such system.’’. (B) in paragraph (2), by striking the period and inserting ‘‘; and’’; and the students described in subparagraph (A) SEC. 484. STUDENT ELIGIBILITY. (C) by adding at the end the following: are excluded in a reporting year, include in Section 484 (20 U.S.C. 1091) is amended— ‘‘(3) in collecting any obligation arising such information on the completion or grad- (1) in subsection (d), by adding at the end from a loan made under part E of this title, uation rates of students described in sub- the following: an institution of higher education that has paragraph (A) by excluding from the calcula- ‘‘(4) The student shall be determined by an agreement with the Secretary pursuant tion described in paragraph (3) the time pe- the institution of higher education as having to section 463(a) shall not be subject to a de- riod such students were not enrolled due to the ability to benefit from the education or fense raised by any borrower based on a their service in the Armed Forces, on official training offered by the institution of higher claim of infancy.’’; and church missions, or with a recognized foreign education, upon satisfactory completion of 6 (2) by adding at the end the following: aid service of the Federal Government.’’; and credit hours or the equivalent coursework ‘‘(d) SPECIAL RULE.—This section shall not (C) by adding at the end the following: that are applicable toward a degree or cer- apply in the case of a student who is de- ‘‘(7) The information disclosed under sub- tificate offered by the institution of higher ceased or to a deceased student’s estate or paragraph (L) of paragraph (1), or reported education.’’; the estate of such student’s family. If a stu- under subsection (e), shall include informa- (2) by striking subsection (l) and inserting dent is deceased, then the student’s estate or tion disaggregated by gender, by each major the following: the estate of the student’s family shall not racial and ethnic subgroup, and by low-in- ‘‘(l) COURSES OFFERED THROUGH DISTANCE be required to repay any financial assistance come background status as measured by Fed- EDUCATION.— under this title , including interest paid on eral Pell Grant eligibility, if the number of ‘‘(1) RELATION TO CORRESPONDENCE the student’s behalf, collection costs, or students in such subgroup or with such sta- COURSES.— other charges specified in this title.’’. tus is sufficient to yield statistically reliable

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9675 information and reporting would not reveal ‘‘(A) authorize an officer or employee of formation is provided in an age-appropriate personally identifiable information about an the Department to exercise any direction, format using dissemination mechanisms individual student. If such number is not suf- supervision, or control over the curriculum, suitable for students in middle school. ficient for such purposes, then the institu- program of instruction, administration, or ‘‘(3) SECONDARY SCHOOL STUDENTS.—The tion shall note that the institution enrolled personnel of any institution of higher edu- Secretary, in cooperation with States, insti- too few of such students to so disclose or re- cation, or over any accrediting agency or as- tutions of higher education, other organiza- port with confidence and confidentiality.’’; sociation; tions involved in college access and student (2) in subsection (b), by adding at the end ‘‘(B) limit the application of the General financial aid, secondary schools, and pro- the following: Education Provisions Act; or grams under this title that serve secondary ‘‘(3) Each eligible institution shall, during ‘‘(C) create any legally enforceable right school students, shall make special efforts to the exit interview required by this sub- on the part of a student to require an insti- notify students in secondary school and their section, provide to a borrower of a loan made tution of higher education to accept a trans- parents, as early as possible but not later under part B, D, or E a clear and conspicuous fer of credit from another institution.’’. than such students’ junior year of secondary notice describing the general effects of using SEC. 488. NATIONAL STUDENT LOAN DATA SYS- school, of the availability of financial aid a consolidation loan to discharge the bor- TEM. under this title and, in accordance with sub- rower’s student loans, including— Section 485B(a) (20 U.S.C. 1092b(a)) is section (c), shall provide nonbinding esti- ‘‘(A) the effects of consolidation on total amended— mates of the amounts of grant, work-study, interest to be paid, fees to be paid, and (1) by redesignating paragraphs (6) through and loan aid that an individual may be eligi- length of repayment; (10) as paragraphs (7) through (11), respec- ble for under this title upon completion of an ‘‘(B) the effects of consolidation on a bor- tively; application form under section 483(a). The rower’s underlying loan benefits, including (2) in paragraph (5) (as added by Public Secretary shall ensure that such information loan forgiveness, cancellation, and Law 101–610), by striking ‘‘effectiveness.’’ is as accurate as possible and that such in- deferment; and inserting ‘‘effectiveness;’’; and formation is provided in an age-appropriate ‘‘(C) the ability for the borrower to prepay (3) by redesignating paragraph (5) (as added format using dissemination mechanisms the loan, pay on a shorter schedule, and to by Public Law 101–234) as paragraph (6). suitable for students in secondary school. ‘‘(4) ADULT LEARNERS.—The Secretary, in change repayment plans, and that borrower SEC. 489. EARLY AWARENESS OF FINANCIAL AID benefit programs may vary among different ELIGIBILITY AND DEMONSTRATION cooperation with States, institutions of loan holders; PROGRAM TO PROVIDE EARLY ESTI- higher education, other organizations in- ‘‘(D) the tax benefits for which the bor- MATES AND EARLY AWARDS OF FI- volved in college access and student finan- rower may be eligible; and NANCIAL AID. cial aid, employers, workforce investment ‘‘(E) the consequences of default.’’; Part G of title IV (20 U.S.C. 1088 et seq.) is boards and public libraries, shall make spe- (3) in subsection (d)(2)— amended by inserting after section 485C (20 cial efforts to provide individuals who would (A) by inserting ‘‘grant assistance, as well U.S.C. 1092c) the following: qualify as independent students, as defined as State’’ after ‘‘describing State’’; and ‘‘SEC. 485D. EARLY AWARENESS OF FINANCIAL in section 480(d), with information regarding (B) by inserting ‘‘and other means, includ- AID ELIGIBILITY AND DEMONSTRA- the availability of financial aid under this TION PROGRAM TO PROVIDE EARLY title and, in accordance with subsection (c), ing through the Internet’’ before the period ESTIMATES AND EARLY AWARDS OF with nonbinding estimates of the amounts of at the end; FINANCIAL AID. grant, work-study, and loan aid that an indi- (4) in subsection (e), by striking paragraph ‘‘(a) IN GENERAL.—The Secretary shall im- vidual may be eligible for under this title (3) and inserting the following: plement, in cooperation with States, institu- upon completion of an application form ‘‘(3) For purposes of this subsection, insti- tions of higher education, secondary schools, under section 483(a). The Secretary shall en- tutions may— middle schools, early intervention and out- sure that such information— ‘‘(A) exclude from the reporting require- reach programs under this title, other agen- ‘‘(A) is as accurate as possible; ments under paragraphs (1) and (2) the com- cies and organizations involved in student fi- ‘‘(B) includes specific information regard- pletion or graduation rates of students and nancial assistance and college access, public ing the availability of financial aid for stu- student athletes who leave school to serve in libraries, community centers, employers, dents qualified as independent students, as the Armed Forces, on official church mis- and businesses, a comprehensive system of defined in section 480(d); and sions, or with a recognized foreign aid serv- early financial aid information in order to ‘‘(C) uses dissemination mechanisms suit- ice of the Federal Government; or provide students and families with early in- able for adult learners. ‘‘(B) in cases where 20 percent or more of formation about financial aid and early esti- ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not the students described in subparagraph (A) mates of such students’ eligibility for finan- later than 2 years after the date of enact- are excluded in a reporting year, include in cial aid from multiple sources. Such system ment of the Higher Education Amendments such information on the completion or grad- shall include the activities described in sub- of 2005, the Secretary, in coordination with uation rates of students described in sub- sections (b) and (c). States, institutions of higher education, paragraph (A) by excluding from the calcula- ‘‘(b) COMMUNICATION OF AVAILABILITY OF early intervention and outreach programs tion described in subsection (a)(3) the time AID AND AID ELIGIBILITY.— under this title, other agencies and organiza- period such students were not enrolled due ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The tions involved in student financial aid, local to their service in the Armed Forces, on offi- Secretary shall— educational agencies, public libraries, com- cial church missions, or with a recognized ‘‘(A) make special efforts to notify stu- munity centers, businesses, employers, em- foreign aid service of the Federal Govern- dents who receive or are eligible to receive ployment services, workforce investment ment.’’; benefits under Federal means-tested benefit boards, and movie theaters, shall implement (5) in the matter preceding subparagraph programs (including the school lunch pro- a public awareness campaign in order to in- (A) of subsection (f)(1), by inserting ‘‘, other gram established under the Richard B. Rus- crease national awareness regarding the than a foreign institution of higher edu- sell National School Lunch Act (42 U.S.C. availability of financial aid under this title. cation,’’ after ‘‘under this title’’; and 1751 et seq.), the food stamp program under The public awareness campaign shall dis- (6) by adding at the end the following: the Food Stamp Act of 1977 (7 U.S.C. 2011 et seminate accurate information regarding the ‘‘(h) TRANSFER OF CREDIT POLICIES.— seq.), and other such programs as determined availability of financial aid under this title ‘‘(1) DISCLOSURE.—Each institution of high- by the Secretary) of such students’ potential and shall be implemented, to the extent er education participating in any program eligibility for a maximum Federal Pell practicable, using a variety of media, includ- under this title shall publicly disclose in a Grant under subpart 1 of part A; and ing print, television, radio and the Internet. readable and comprehensible manner the in- ‘‘(B) disseminate such informational mate- The Secretary shall design and implement stitution’s transfer of credit policies which rials as the Secretary determines necessary. the public awareness campaign based upon shall include a statement of the institution’s ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec- relevant independent research and the infor- current transfer of credit policies that in- retary, in cooperation with States, institu- mation and dissemination strategies found cludes, at a minimum— tions of higher education, other organiza- most effective in implementing paragraphs ‘‘(A) a statement that transfer of credit tions involved in college access and student (1) through (4). shall not be denied solely on the basis of the financial aid, middle schools, and programs ‘‘(c) AVAILABILITY OF NONBINDING ESTI- agency or association that accredited such under this title that serve middle school stu- MATES OF FEDERAL FINANCIAL AID ELIGI- other institution of higher education, if that dents, shall make special efforts to notify BILITY.— agency or association is recognized by the students and their parents of the availability ‘‘(1) IN GENERAL.—The Secretary, in co- Secretary pursuant to section 496 to be a re- of financial aid under this title and, in ac- operation with States, institutions of higher liable authority as to the quality of the edu- cordance with subsection (c), shall provide education, and other agencies and organiza- cation or training offered; and nonbinding estimates of grant, work-study, tions involved in student financial aid, shall ‘‘(B) a list of institutions of higher edu- and loan aid that an individual may be eligi- provide, via a printed form and the Internet cation with which the institution has estab- ble for under this title upon completion of an or other electronic means, the capability for lished an articulation agreement. application form under section 483(a). The individuals to determine easily, by entering ‘‘(2) RULE OF CONSTRUCTION.—Nothing in Secretary shall ensure that such information relevant data, nonbinding estimates of this subsection shall be construed to— is as accurate as possible and that such in- amounts of grant and loan aid an individual

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9676 CONGRESSIONAL RECORD — SENATE September 6, 2005 may be eligible for under this title upon Education Amendments Act of 2005, the Sec- training program that is not eligible for completion and processing of an application retary and guaranty agencies shall publicize funds under this title, provided that the pro- and enrollment in an institution of higher the availability of the information required gram is approved or licensed by the appro- education. by this section, with special emphasis on en- priate State agency or an accrediting agency ‘‘(2) DATA ELEMENTS.—The Secretary, in suring that populations that are tradition- recognized by the Secretary. cooperation with States, institutions of ally underrepresented in postsecondary edu- ‘‘(E) Funds generated by the institution higher education, and other agencies and or- cation are made aware of the availability of from institutional activities that are nec- ganizations involved in student financial aid, such information.’’. essary for the education and training of the shall determine the data elements that are SEC. 491. PROGRAM PARTICIPATION AGREE- institution’s students, if such activities necessary to create a simplified form that MENTS. are— individuals can use to obtain easily non- Section 487 (20 U.S.C. 1094) is amended— ‘‘(i) conducted on campus or at a facility binding estimates of the amounts of grant (1) in subsection (a)— under the control of the institution; and loan aid an individual may be eligible (A) in paragraph (23), by adding at the end ‘‘(ii) performed under the supervision of a for under this title. the following: member of the institution’s faculty; and ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP- ‘‘(D) An institution shall be considered in ‘‘(iii) required to be performed by all stu- PLICATION.—The capability provided under compliance with the requirements of sub- dents in a specific educational program at this paragraph shall include the capability paragraph (A) for any student to whom the the institution. to determine whether the individual is eligi- institution electronically transmits a mes- ‘‘(F) Institutional aid, as follows: ble to submit a simplified application form sage containing a voter registration form ac- ‘‘(i) In the case of loans made by the insti- under paragraph (2)(B) or (3)(B) of section ceptable for use in the State in which the in- tution, only the amount of loan repayments 483(a).’’. stitution is located, or an Internet address received by the institution during the fiscal SEC. 490. COLLEGE ACCESS INITIATIVE. where such a form can be downloaded, if such year for which the determination is made. Part G of title IV (20 U.S.C. 1088 et seq.) is information is in an electronic message de- ‘‘(ii) In the case of scholarships provided by further amended by inserting after section voted solely to voter registration.’’; and the institution, only those scholarship funds 485D (as added by section 489) the following: (B) by adding at the end the following: provided by the institution that are— ‘‘SEC. 485E. COLLEGE ACCESS INITIATIVE. ‘‘(24) The institution will, as calculated in ‘‘(I) in the form of monetary aid or tuition ‘‘(a) STATE-BY-STATE INFORMATION.—The accordance with subsection (f)(1), have not discounts based upon the academic achieve- Secretary shall direct each guaranty agency less than 10 percent of its revenues from ments or financial need of students; and with which the Secretary has an agreement sources other than funds provided under this ‘‘(II) disbursed during the fiscal year for under section 428(c) to provide to the Sec- title, or will be subject to the sanctions de- which the determination is made from an es- retary the information necessary for the de- scribed in subsection (f)(2).’’; tablished restricted account and only to the velopment of Internet Web links and access (2) by redesignating subsections (d) and (e) extent that the funds in that account rep- for students and families to a comprehensive as subsection (e) and (f), respectively; resent designated funds from an outside listing of the postsecondary education oppor- (3) by inserting after subsection (c) the fol- source or income earned on those funds. tunities programs, publications, Internet lowing: ‘‘(iii) In the case of tuition discounts, only Web sites, and other services available in the ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR those tuition discounts based upon the aca- States for which such agency serves as the TEACH-OUTS.— demic achievement or financial need of stu- designated guarantor. ‘‘(1) IN GENERAL.—In the event the Sec- dents. ‘‘(b) GUARANTY AGENCY ACTIVITIES.— retary initiates the limitation, suspension, ‘‘(2) SANCTIONS.— ‘‘(1) PLAN AND ACTIVITY REQUIRED.—Each or termination of the participation of an in- ‘‘(A) FAILURE TO MEET REQUIREMENT FOR 1 guaranty agency with which the Secretary stitution of higher education in any program YEAR.—In addition to such other means of has an agreement under section 428(c) shall under this title under the authority of sub- enforcing the requirements of this title as develop a plan, and undertake the activity, section (c)(1)(F) or initiates an emergency may be available to the Secretary, if an in- necessary to gather the information required action for termination under the authority stitution fails to meet the requirements of under subsection (a) and to make such infor- of subsection (c)(1)(G) and its prescribed reg- subsection (a)(24) in any year, the Secretary mation available to the public and to the ulations, the Secretary shall require that in- may impose 1 or both of the following sanc- Secretary in a form and manner prescribed stitution to prepare a teach-out plan for sub- tions on the institution: by the Secretary. mission to the institution’s accrediting ‘‘(i) Place the institution on provisional ‘‘(2) ACTIVITIES.—Each guaranty agency agency or association in compliance with certification in accordance with section shall undertake such activities as are nec- section 496(c)(4), the Secretary’s regulations 498(h) until the institution demonstrates, to essary to promote access to postsecondary on teach-out plans, and the standards of the the satisfaction of the Secretary, that it is education for students through providing in- institution’s accrediting agency or associa- in compliance with subsection (a)(24). formation on college planning, career prepa- tion. ‘‘(ii) Require such other increased moni- ration, and paying for college that is limited ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub- toring and reporting requirements as the or related to subsection (a). The guaranty section, the term ‘teach-out plan’ means a Secretary determines necessary until the in- agency shall publicize such information and written plan that provides for the equitable stitution demonstrates, to the satisfaction of coordinate such activities with other enti- treatment of students if an institution of the Secretary, that it is in compliance with ties that provide or distribute such informa- higher education ceases to operate before all subsection (a)(24). tion in the States for which such guaranty students have completed their enrollment at ‘‘(B) FAILURE TO MEET REQUIREMENT FOR 3 agency serves as the designated guarantor. the institution, and may include, if required YEARS.—An institution that fails to meet the ‘‘(3) FUNDING.—The activities required by by the institution’s accrediting agency or as- requirements of subsection (a)(24) for 2 con- this section may be funded from the guar- sociation, an agreement between institutions secutive years shall be ineligible to partici- anty agency’s Operating Fund established for such a teach-out plan.’’; and pate in the programs authorized under this pursuant to section 422B and to the extent (4) by adding at the end the following: title. funds remain, from earnings on the re- ‘‘(g) IMPLEMENTATION OF NONTITLE IV REV- ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- stricted account established pursuant to sec- ENUE REQUIREMENT.— TION.—The Secretary shall make publicly tion 422(h)(4). ‘‘(1) CALCULATION.—In carrying out sub- available, through the means described in ‘‘(4) RULE OF CONSTRUCTION.—Nothing in section (a)(24), an institution shall use the subsection (b) of section 131, any institution this subsection shall require a guaranty cash basis of accounting and count the fol- that fails to meet the requirements of sub- agency to duplicate any efforts currently un- lowing funds as from sources of funds other section (a)(24) in any year as an institution derway that meet the requirements of this than funds provided under this title: that is failing to meet the minimum non- subsection. ‘‘(A) Funds used by students from sources Federal source of revenue requirements of ‘‘(c) ACCESS TO INFORMATION.— other than funds received under this title to such subsection (a)(24).’’. ‘‘(1) SECRETARY’S RESPONSIBILITY.—The pay tuition, fees, and other institutional SEC. 492. REGULATORY RELIEF AND IMPROVE- Secretary shall ensure the availability of the charges to the institution, provided the in- MENT. information provided, by the guaranty agen- stitution can reasonably demonstrate that Section 487A(b) (20 U.S.C. 1094a(b)) is cies in accordance with this section, to stu- such funds were used for such purposes. amended— dents, parents, and other interested individ- ‘‘(B) Funds used by the institution to sat- (1) in paragraph (1)– uals, through Web links or other methods isfy matching-fund requirements for pro- (A) by striking ‘‘1998’’ and inserting ‘‘2005’’ prescribed by the Secretary. grams under this title. ; and ‘‘(2) GUARANTY AGENCY RESPONSIBILITY.— ‘‘(C) Funds used by a student from savings (B) by striking ‘‘1999’’ and inserting ‘‘2006’’; The guaranty agencies shall ensure that the plans for educational expenses established by and information required by this section is avail- or on behalf of the student and which qualify (2) by striking the matter preceding para- able without charge in printed format for for special tax treatment under the Internal graph (2)(A) and inserting the following: students and parents requesting such infor- Revenue Code of 1986. ‘‘(2) REPORT.—The Secretary shall review mation. ‘‘(D) Funds paid by a student, or on behalf and evaluate the experience of institutions ‘‘(3) PUBLICITY.—Not later than 270 days of a student by a party other than the insti- participating as experimental sites and after the date of enactment of the Higher tution, to the institution for an education or shall, on a biennial basis, submit a report

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9677 based on the review and evaluation to the (ii) by striking ‘‘including’’ and all that essary to conduct the review required by this authorizing committees. Such report shall follows through ‘‘Department,’’; and subsection. include—’’; and (B) by striking paragraphs (4) and (5) and ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO (3) in paragraph (3)— inserting the following: BACCALAUREATE DEGREE ATTAINMENT.— (A) in subparagraph (A)— ‘‘(4) conduct a review and analysis of regu- ‘‘(1) STUDY REQUIRED.—The Advisory Com- (i) by striking ‘‘Upon the submission of the lations in accordance with subsection (l); and mittee shall conduct a study of the feasi- report required by paragraph (2), the’’ and ‘‘(5) conduct a study in accordance with bility of increasing baccalaureate degree at- inserting ‘‘The’’; and subsection (m).’’; tainment rates by reducing the costs and fi- (ii) by inserting ‘‘periodically’’ after ‘‘au- (4) in subsection (k), by striking ‘‘2004’’ and nancial barriers to attaining a baccalaureate thorized to’’; inserting ‘‘2010’’; and degree through innovative programs. (B) by striking subparagraph (B); (5) by adding at the end the following: ‘‘(2) SCOPE OF STUDY.—The Advisory Com- (C) by redesignating subparagraph (C) as ‘‘(l) REVIEW AND ANALYSIS OF REGULA- mittee shall examine new and existing pro- subparagraph (B); and TIONS.— grams that promote baccalaureate degree at- (D) in subparagraph (B) (as redesignated by ‘‘(1) RECOMMENDATIONS.—The Advisory tainment through innovative ways, such as subparagraph (C))— Committee shall make recommendations to dual or concurrent enrollment programs, (i) by inserting ‘‘, including requirements the Secretary for consideration of future leg- changes made to the Federal Pell Grant pro- related to the award process and disburse- islative action regarding redundant or out- gram, simplification of the needs analysis ment of student financial aid (such as inno- dated regulations under this title, consistent process, compressed or modular scheduling, vative delivery systems for modular or com- with the Secretary’s requirements under sec- articulation agreements, and programs that pressed courses, or other innovative sys- tion 498B. allow 2-year institutions of higher education tems), verification of student financial aid ‘‘(2) REVIEW AND ANALYSIS OF REGULA- to offer baccalaureate degrees. application data, entrance and exit inter- TIONS.—The Advisory Committee shall con- ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In views, or other management procedures or duct a review and analysis of the regulations performing the study described in this sub- processes as determined in the negotiated issued under this title that are in effect at section, the Advisory Committee shall exam- rulemaking process under section 492,’’ after the time of the review and that apply to the ine the following aspects of such innovative ‘‘requirements in this title’’; and operations or activities of participants in the programs: (ii) by inserting ‘‘(other than an award rule programs assisted under this title. The re- ‘‘(A) The impact of such programs on bac- related to an experiment in modular or com- view and analysis may include a determina- calaureate attainment rates. pressed schedules)’’ after ‘‘award rules’’; and tion of whether the regulation is duplicative, ‘‘(B) The degree to which a student’s total (iii) by inserting ‘‘unless the waiver of such is no longer necessary, is inconsistent with cost of attaining a baccalaureate degree can provisions is authorized by another provision other Federal requirements, or is overly bur- be reduced by such programs. under this title’’ before the period at the densome. In conducting the review, the Advi- ‘‘(C) The ways in which low- and moderate- end. sory Committee shall pay specific attention income students can be specifically targeted SEC. 493. TRANSFER OF ALLOTMENTS. to evaluating ways in which regulations by such programs. Section 488 (20 U.S.C. 1095) is amended in under this title affecting institutions of ‘‘(D) The ways in which nontraditional stu- the first sentence— higher education (other than institutions de- dents can be specifically targeted by such (1) in paragraph (1), by striking ‘‘and’’ scribed in section 102(a)(1)(C)), that have re- programs. after the semicolon; ceived in each of the 2 most recent award ‘‘(E) The cost-effectiveness for the Federal (2) in paragraph (2), by striking ‘‘413D.’’ years prior to the date of enactment of the Government, States, and institutions of and inserting ‘‘413D; and’’; and Higher Education Amendments of 2005 less higher education to implement such pro- (3) by adding at the end ‘‘(3) transfer 25 than $200,000 in funds through this title, may grams. percent of the institution’s allotment under be improved, streamlined, or eliminated. ‘‘(4) CONSULTATION.— section 413D to the institution’s allotment ‘‘(3) CONSULTATION.— ‘‘(A) IN GENERAL.—In performing the study under section 442.’’. ‘‘(A) IN GENERAL.—In carrying out the re- described in this subsection the Advisory SEC. 494. WAGE GARNISHMENT REQUIREMENT. view and analysis under paragraph (2), the Committee shall consult with a broad range Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is Advisory Committee shall consult with the of interested parties in higher education, in- amended by striking ‘‘10 percent’’ and insert- Secretary, relevant representatives of insti- cluding parents, students, appropriate rep- ing ‘‘15 percent’’. tutions of higher education, and individuals resentatives of secondary schools and insti- SEC. 495. PURPOSE OF ADMINISTRATIVE PAY- who have expertise and experience with the tutions of higher education, appropriate MENTS. regulations issued under this title, in accord- State administrators, administrators of dual Section 489(b) (20 U.S.C. 1096(b)) is amended ance with subparagraph (B). enrollment programs, and appropriate offi- by striking ‘‘offsetting the administrative ‘‘(B) REVIEW PANELS.—The Advisory Com- cials from the Department. costs of’’ and inserting ‘‘administering’’. mittee shall convene not less than 2 review ‘‘(B) CONGRESSIONAL CONSULTATION.—The SEC. 496. ADVISORY COMMITTEE ON STUDENT FI- panels of representatives of the groups in- Advisory Committee shall consult on a reg- NANCIAL ASSISTANCE. volved in student financial assistance pro- ular basis with the authorizing committees Section 491 (20 U.S.C. 1098) is amended— grams under this title who have experience in carrying out the study required by this (1) in subsection (a)(2)— and expertise in the regulations issued under section. (A) in subparagraph (B), by striking ‘‘and’’ this title to review the regulations under ‘‘(5) REPORTS TO CONGRESS.— after the semicolon; this title, and to provide recommendations ‘‘(A) INTERIM REPORT.—The Advisory Com- (B) in subparagraph (C), by striking the pe- to the Advisory Committee with respect to mittee shall prepare and submit to the au- riod and inserting a semicolon; and the review and analysis under paragraph (2). thorizing committees and the Secretary 1 in- (C) by adding at the end the following: The panels shall be made up of experts in terim report, not later than 1 year after the ‘‘(D) to provide knowledge and under- areas such as the operations of the financial date of enactment of the Higher Education standing of early intervention programs, and assistance programs, the institutional eligi- Amendments of 2005, describing the progress to make recommendations that will result in bility requirements for the financial assist- that has been made in conducting the study early awareness by low- and moderate-in- ance programs, regulations not directly re- required by this subsection and any prelimi- come students and families— lated to the operations or the institutional nary findings on the topics identified under ‘‘(i) of their eligibility for assistance under eligibility requirements of the financial as- paragraph (2). this title; and sistance programs, and regulations for dis- ‘‘(B) FINAL REPORT.—The Advisory Com- ‘‘(ii) to the extent practicable, of their eli- semination of information to students about mittee shall, not later than 3 years after the gibility for other forms of State and institu- the financial assistance programs. date of enactment of the Higher Education tional need-based student assistance; and ‘‘(4) REPORTS TO CONGRESS.—The Advisory Amendments of 2005, prepare and submit to ‘‘(E) to make recommendations that will Committee shall submit, not later than 2 the authorizing committees and the Sec- expand and improve partnerships among the years after the completion of the negotiated retary a final report on the study, including Federal Government, States, institutions of rulemaking process required under section recommendations for legislative, regulatory, higher education, and private entities to in- 492 resulting from the amendments to this and administrative changes based on find- crease the awareness and the total amount Act made by the Higher Education Amend- ings related to the topics identified under of need-based student assistance available to ments of 2005, a report to the authorizing paragraph (2).’’. low- and moderate-income students.’’; committees and the Secretary detailing the SEC. 497. REGIONAL MEETINGS. (2) in subsection (d)(6), by striking ‘‘, but expert panels’ findings and recommendations Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is nothing’’ and all that follows through ‘‘or with respect to the review and analysis amended by inserting ‘‘State student grant analyses’’; under paragraph (2). agencies,’’ after ‘‘institutions of higher edu- (3) in subsection (j)— ‘‘(5) ADDITIONAL SUPPORT.—The Secretary cation,’’. (A) in paragraph (1)— and the Inspector General of the Department SEC. 498. YEAR 2000 REQUIREMENTS AT THE DE- (i) by inserting ‘‘and simplification’’ after shall provide such assistance and resources PARTMENT. ‘‘modernization’’ each place the term ap- to the Advisory Committee as the Secretary (a) REPEAL.—Section 493A (20 U.S.C. 1098c) pears; and and Inspector General determine are nec- is repealed.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9678 CONGRESSIONAL RECORD — SENATE September 6, 2005

(b) REDESIGNATION.—Section 493B (20 ‘‘(i) shall not include current members of institution of higher education, as defined U.S.C. 1098d) is redesignated as section 493A. the agency or association’s underlying deci- pursuant to regulations of the Secretary, for PART H—PROGRAM INTEGRITY sion-making body that made the adverse de- the purposes of a teach-out, if such teach-out cision; and SEC. 499. RECOGNITION OF ACCREDITING AGEN- has been approved by the institution’s ac- CY OR ASSOCIATION. ‘‘(ii) is subject to a conflict of interest pol- crediting agency. Section 496 (200 U.S.C. 1099b) is amended— icy; and ‘‘(2) SPECIAL RULE.—An institution of high- (1) in subsection (a)— ‘‘(D) the right to representation by counsel er education that conducts a teach-out (A) by striking paragraph (4) and inserting for such an institution;’’; and through the establishment of an additional the following: (D) by striking paragraph (8) and inserting location described in paragraph (1) shall be ‘‘(4)(A) such agency or association consist- the following: permitted to establish a permanent addi- ently applies and enforces standards that re- ‘‘(8) such agency or association shall make tional location at a closed institution and spect the stated mission of the institution of available to the public and the State licens- shall not be required— higher education, including religious mis- ing or authorizing agency, and submit to the ‘‘(A) to meet the requirements of sections sions, and that ensure that the courses or Secretary, a summary of agency or associa- 102(b)(1)(E) and 102(c)(1)(C) for such addi- programs of instruction, training, or study tion actions, including— tional location; or offered by the institution of higher edu- ‘‘(A) the award of accreditation or re- ‘‘(B) to assume the liabilities of the closed accreditation of an institution; cation, including distance education courses institution.’’. ‘‘(B) final denial, withdrawal, suspension, or programs, are of sufficient quality to SEC. 499B. PROGRAM REVIEW AND DATA. or termination of accreditation, or place- achieve, for the duration of the accreditation Section 498A(b) (20 U.S.C. 1099c–1(b)) is ment on probation of an institution, and any period, the stated objective for which the amended— findings made in connection with the action courses or the programs are offered; and (1) in paragraph (4), by striking ‘‘and’’ taken, together with the official comments ‘‘(B) if such agency or association has or after the semicolon; of the affected institution; and seeks to include within its scope of recogni- (2) in paragraph (5) by striking the period ‘‘(C) any other adverse action taken with tion the evaluation of the quality of institu- and inserting a semicolon; and respect to an institution.’’; and tions or programs offering distance edu- (3) by adding at the end the following: (2) in subsection (c)— ‘‘(6) provide to an institution of higher cation, such agency or association shall, in (A) in paragraph (1), by inserting ‘‘, includ- education an adequate opportunity to review addition to meeting the other requirements ing those regarding distance education’’ of this subpart, demonstrate to the Sec- after ‘‘their responsibilities’’; and respond to any program review report or retary that— (B) by redesignating paragraphs (2) audit finding, and relevant materials related ‘‘(i) the agency or association’s standards through (6) as paragraphs (5) through (9); to the report or finding, before any final pro- effectively address the quality of an institu- (C) by inserting after paragraph (1) (as gram review or audit determination is tion’s distance education in the areas identi- amended by subparagraph (A)) the following: reached; fied in section 496(a)(5), except that the agen- ‘‘(2) ensures that the agency or associa- ‘‘(7) review and take into consideration an cy or association shall not be required to tion’s on-site evaluation for accreditation or institution of higher education’s response in have separate standards, procedures or poli- reaccreditation includes review of the Feder- any final program review or audit deter- cies for the evaluation of distance education ally required information the institution or mination; and institutions or programs in order to meet program provides its current and prospective ‘‘(8) maintain and preserve at all times the the requirements of this subparagraph; and students; confidentiality of any program review report ‘‘(ii) the agency or association requires an ‘‘(3) monitors the growth of programs at or audit finding until the requirements of institution that offers distance education to institutions that are experiencing signifi- paragraphs (6) and (7) are met, and until a have processes through which the institution cant enrollment growth; final program review or audit determination establishes that the student who registers in ‘‘(4) requires an institution to submit a is issued, other than to the extent required a distance education course or program is teach-out plan for approval to the accred- to comply with paragraph (5), except that the same student who participates, com- iting agency upon the occurrence of any of the Secretary shall promptly disclose any pletes and receives the academic credit;’’; the following events: and all program review reports and audit (B) in paragraph (5), by striking subpara- ‘‘(A) The Department notifies the accred- findings to the institution of higher edu- graph (A) and inserting the following: iting agency of an action against the institu- cation under review.’’. ‘‘(A) success with respect to student tion pursuant to section 487(d). TITLE V—DEVELOPING INSTITUTIONS achievement in relation to the institution’s ‘‘(B) The accrediting agency acts to with- SEC. 501. DEFINITIONS. mission, including— draw, terminate, or suspend the accredita- Section 502(a) (20 U.S.C. 1101a(a)) is amend- ‘‘(i) consideration of student academic tion of an institution. ed— achievement as determined by the institu- ‘‘(C) The institution notifies the accred- (1) in paragraph (5)— tion; iting agency that the institution intends to (A) in subparagraph (A), by inserting ‘‘(ii) student retention; cease operations.’’; ‘‘and’’ after the semicolon; ‘‘(iii) course and program completion; (D) in paragraph (8) (as redesignated by (B) in subparagraph (B), by striking ‘‘; ‘‘(iv) as appropriate, State licensing exami- subparagraph (B)), by striking ‘‘and’’ after and’’ and inserting a period; and nations; the semicolon; (C) by striking subparagraph (C); and ‘‘(v) as appropriate, job placement rates; (E) in subparagraph (9) (as redesignated by (2) by striking paragraph (7). and subparagraph (B)), by striking the period and SEC. 502. AUTHORIZED ACTIVITIES. ‘‘(vi) as appropriate, other student per- inserting ‘‘; and’’; and formance information selected by the insti- (F) by adding at the end the following: Section 503(b) (20 U.S.C. 1101b(b)) is amend- tution, particularly that information used ‘‘(10) confirms, as a part of the agency or ed— by the institution to evaluate or strengthen association’s review for accreditation or re- (1) by redesignating paragraphs (6) through its programs;’’; accreditation, that the institution has trans- (14) as paragraphs (8) through (16), respec- (C) by striking paragraph (6) and inserting fer of credit policies— tively; the following: ‘‘(A) that are publicly disclosed; (2) in paragraph (5), by inserting ‘‘, includ- ‘‘(6) such an agency or association shall es- ‘‘(B) that do not deny transfer of credit ing innovative, customized remedial edu- tablish and apply review procedures through- based solely on the accreditation of the send- cation and English language instruction out the accrediting process, including eval- ing institution, if the agency or association courses designed to help retain students and uation and withdrawal proceedings which accrediting the sending institution is recog- move the students rapidly into core courses comply with due process procedures that nized by the Secretary pursuant to this sec- and through program completion’’ before the provide for— tion; and period at the end; and ‘‘(A) adequate specification of require- ‘‘(C) in which acceptance or denial of (3) by inserting after paragraph (5) the fol- ments and deficiencies at the institution of transfer of credit is decided according to cri- lowing: higher education or program examined; teria established in guidelines developed by ‘‘(6) Education or counseling services de- ‘‘(B) an opportunity for a written response the institution’s admissions committee.’’. signed to improve the financial literacy and economic literacy of students or the stu- by any such institution to be included in the SEC. 499A. ADMINISTRATIVE CAPACITY STAND- evaluation and withdrawal proceedings prior ARD. dents’ parents. to final action; Section 498 (20 U.S.C. 1099c) is amended— ‘‘(7) Articulation agreements and student ‘‘(C) upon the written request of an institu- (1) in subsection (d)(1)(B), by inserting support programs designed to facilitate the tion, an opportunity for the institution to ‘‘and’’ after the semicolon; and transfer from 2-year to 4-year institutions.’’. appeal any adverse action, including denial, (2) by adding at the end the following: SEC. 503. DURATION OF GRANT. withdrawal, suspension, or termination of ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDI- Section 504(a) (20 U.S.C. 1101c(a)) is amend- accreditation, or placement on probation of TIONAL LOCATIONS.— ed to read as follows: an institution, at a hearing prior to such ac- ‘‘(1) IN GENERAL.—A location of a closed in- ‘‘(a) AWARD PERIOD.—The Secretary may tion becoming final, before an appeals panel stitution of higher education shall be eligi- award a grant to a Hispanic-serving institu- that— ble as an additional location of an eligible tion under this title for 5 years.’’.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9679 SEC. 504. POSTBACCALAUREATE OPPORTUNITIES any fiscal year to any Hispanic-serving insti- ‘‘(I) support for instructors of the less com- FOR HISPANIC AMERICANS. tution.’’. monly taught languages.’’; and (a) ESTABLISHMENT OF PROGRAM.—Title V SEC. 505. APPLICATIONS. (B) in paragraph (4)— (20 U.S.C. 1101 et seq.) is amended— Section 521(b)(1)(A) (as redesignated by (i) by redesignating subparagraphs (C) (1) by redesignating part B as part C; section 504(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is through (E) as subparagraphs (D) through (2) by redesignating sections 511 through amended by striking ‘‘subsection (b)’’ and in- (F), respectively; 518 as sections 521 through 528, respectively; serting ‘‘subsection (c)’’. (ii) by inserting after subparagraph (B) the and SEC. 506. COOPERATIVE ARRANGEMENTS. following: (3) by inserting after section 505 the fol- ‘‘(C) Programs of linkage or outreach be- Section 524(a) (as redesignated by section lowing: tween or among— 504(a)(2)) (20 U.S.C. 1103c(a)) is amended by ‘‘(i) foreign language, area studies, or other ‘‘PART B—PROMOTING POSTBACCA- striking ‘‘section 503’’ and inserting ‘‘sec- international fields; and LAUREATE OPPORTUNITIES FOR HIS- tions 503 and 512’’. PANIC AMERICANS ‘‘(ii) State educational agencies or local SEC. 507. AUTHORIZATION OF APPROPRIATIONS. educational agencies.’’; and ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGI- Section 528(a) (as redesignated by section BILITY. (iii) in subparagraph (F) (as redesignated 504(a)(2)) (20 U.S.C. 1103g(a)) is amended— ‘‘(a) PROGRAM AUTHORIZED.—Subject to the by clause (i)), by striking ‘‘and (D)’’ and in- (1) by inserting ‘‘part A of’’ after ‘‘carry availability of funds appropriated to carry serting ‘‘(D), and (E)’’; out’’; out this part, the Secretary shall award (2) in subsection (b)— (2) by striking ‘‘$62,500,000 for fiscal year grants, on a competitive basis, to eligible in- (A) in the subsection heading, by striking 1999’’ and all that follows through the period stitutions to enable the eligible institutions ‘‘GRADUATE’’; and and inserting ‘‘such sums as may be nec- to carry out the authorized activities de- (B) by striking paragraph (2) and inserting essary for fiscal year 2006 and each of the 5 scribed in section 512. the following: succeeding fiscal years.’’; ‘‘(b) ELIGIBILITY.—For the purposes of this ‘‘(2) ELIGIBLE STUDENTS.—A student receiv- part, an ‘eligible institution’ means an insti- (3) by striking ‘‘(a) AUTHORIZATIONS.— ing a stipend described in paragraph (1) shall tution of higher education that— There are’’ and inserting the following: be engaged— ‘‘(1) is a Hispanic-serving institution (as ‘‘(a) AUTHORIZATIONS.— ‘‘(A) in an instructional program with stat- defined in section 502); and ‘‘(1) PART A.—There are’’; and ed performance goals for functional foreign ‘‘(2) offers a postbaccalaureate certificate (4) by adding at the end the following: language use or in a program developing or degree granting program. ‘‘(2) PART B.—There are authorized to be such performance goals, in combination with appropriated to carry out part B of this title ‘‘SEC. 512. AUTHORIZED ACTIVITIES. area studies, international studies, or the such sums as may be necessary for fiscal ‘‘Grants awarded under this part shall be international aspects of a professional stud- year 2006 and each of the 5 succeeding fiscal used for 1 or more of the following activities: ies program; and years.’’. ‘‘(1) Purchase, rental, or lease of scientific ‘‘(B)(i) in the case of an undergraduate stu- or laboratory equipment for educational pur- TITLE VI—INTERNATIONAL EDUCATION dent, in the intermediate or advanced study poses, including instructional and research PROGRAMS of a less commonly taught language; or purposes. SEC. 601. FINDINGS. ‘‘(ii) in the case of a graduate student, in ‘‘(2) Construction, maintenance, renova- Section 601 (20 U.S.C. 1121) is amended— graduate study in connection with a program tion, and improvement in classroom, library, (1) in the section heading, by striking described in subparagraph (A), including— laboratory, and other instructional facili- ‘‘AND PURPOSES’’ and inserting ‘‘; PUR- ‘‘(I) predissertation level study; ties, including purchase or rental of tele- POSES; CONSULTATION; SURVEY’’ ‘‘(II) preparation for dissertation research; communications technology equipment or (2) in subsection (a)(3), by striking ‘‘post- ‘‘(III) dissertation research abroad; or services. Cold War’’; ‘‘(IV) dissertation writing.’’; ‘‘(3) Purchase of library books, periodicals, (3) in subsection (b)(1)(D), by inserting ‘‘, (3) by striking subsection (d) and inserting technical and other scientific journals, including through linkages with overseas in- the following: microfilm, microfiche, and other educational stitutions’’ before the semicolon; and ‘‘(d) ALLOWANCES.— materials, including telecommunications (4) by adding at the end the following: ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti- program materials. ‘‘(c) CONSULTATION.—The Secretary shall, pend awarded to a graduate level recipient ‘‘(4) Support for needy postbaccalaureate prior to requesting applications for funding may include allowances for dependents and students, including outreach, academic sup- under this title during each grant cycle, con- for travel for research and study in the port services, mentoring, scholarships, fel- sult with and receive recommendations re- United States and abroad. lowships, and other financial assistance, to garding national need for expertise in for- ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A permit the enrollment of such students in eign languages and world regions from the stipend awarded to an undergraduate level postbaccalaureate certificate and degree head official, or a designee of such head offi- recipient may include an allowance for edu- granting programs. cial, of the National Security Council, the cational programs in the United States or ‘‘(5) Support of faculty exchanges, faculty Department of Homeland Security, the De- educational programs abroad that— development, faculty research, curriculum partment of Defense, the Department of ‘‘(A) are closely linked to the overall goals development, and academic instruction. State, the Federal Bureau of Investigation, of the recipient’s course of study; and ‘‘(6) Creating or improving facilities for the Department of Labor, and the Depart- ‘‘(B) have the purpose of promoting foreign Internet or other distance learning academic ment of Commerce, and the Director of Na- language fluency and knowledge of foreign instruction capabilities, including purchase tional Intelligence. These entities shall pro- cultures.’’; and or rental of telecommunications technology vide information to the Secretary regarding (4) by adding at the end the following: ‘‘(e) APPLICATION.—Each institution or equipment or services. how they utilize services provided by grant- combination of institutions desiring a grant ‘‘(7) Collaboration with other institutions ees under this title. The Secretary shall take under this section shall submit an applica- of higher education to expand into account such recommendations and in- tion to the Secretary at such time, in such postbaccalaureate certificate and degree of- formation when requesting applications for manner, and accompanied by such informa- ferings. funding under this title, and shall make tion and assurances as the Secretary may re- ‘‘(8) Other activities proposed in the appli- available to applicants a list of areas identi- quire. Each application shall include an ex- cation submitted pursuant to section 513 fied as areas of national need. planation of how the activities funded by the that are approved by the Secretary as part of ‘‘(d) SURVEY.—The Secretary shall assist grant will reflect diverse and balanced per- the review and acceptance of such applica- grantees in developing a survey to admin- spectives and generate debate on world re- tion. ister to students who have participated in gions and international affairs. Each appli- ‘‘SEC. 513. APPLICATION AND DURATION. programs under this title to determine cation shall also describe how the applicant ‘‘(a) APPLICATION.—Any eligible institution postparticipation placement. All grantees, will address disputes regarding diversity and may apply for a grant under this part by sub- where applicable, shall administer such sur- balance of activities funded under the appli- mitting an application to the Secretary at vey not less often than annually and report cation. Each application shall also include a such time and in such manner as the Sec- such data to the Secretary.’’. description of how the applicant will encour- retary may require. Such application shall SEC. 602. GRADUATE AND UNDERGRADUATE LAN- age government service in areas of national demonstrate how the grant funds will be GUAGE AND AREA CENTERS AND need as identified by the Secretary.’’. used to improve postbaccalaureate education PROGRAMS. SEC. 603. UNDERGRADUATE INTERNATIONAL opportunities for Hispanic and low-income Section 602 (20 U.S.C. 1122) is amended— STUDIES AND FOREIGN LANGUAGE students and will lead to such students’ (1) in subsection (a)— PROGRAMS. greater financial independence. (A) in paragraph (2)— Section 604 (20 U.S.C. 1124) is amended— ‘‘(b) DURATION.—Grants under this part (i) in subparagraph (G), by striking ‘‘and’’ (1) in subsection (a)— shall be awarded for a period not to exceed 5 after the semicolon; (A) in paragraph (2)— years. (ii) in subparagraph (H), by striking the pe- (i) by redesignating subparagraphs (I) ‘‘(c) LIMITATION.—The Secretary may not riod and inserting ‘‘; and’’; and through (M) as subparagraphs (J) through award more than 1 grant under this part in (iii) by adding at the end the following: (N), respectively; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9680 CONGRESSIONAL RECORD — SENATE September 6, 2005 (ii) by inserting after subparagraph (H) the ‘‘(i) Another institution of higher edu- (3) by adding at the end the following: following: cation. ‘‘(5) assurances that activities funded by ‘‘(I) providing subgrants to undergraduate ‘‘(ii) A library. the grant will reflect diverse and balanced students for educational programs abroad ‘‘(iii) A not-for-profit educational organi- perspectives and generate debate on world that— zation.’’; regions and international affairs, where ap- ‘‘(i) are closely linked to the overall goals (2) in subsection (b)— plicable.’’. of the program for which the grant is award- (A) in paragraph (1), by striking ‘‘to facili- SEC. 610. EDUCATION AND TRAINING PROGRAMS. ed; and tate access to’’ and inserting ‘‘to acquire, fa- Section 613(c) (20 U.S.C. 1130a(c)) is amend- ‘‘(ii) have the purpose of promoting foreign cilitate access to,’’; ed by adding at the end the following: ‘‘Each language fluency and knowledge of foreign (B) in paragraph (2), by inserting ‘‘or such application shall include an assurance cultures;’’; and standards for’’ after ‘‘means of’’; that, where applicable, the activities funded (B) in paragraph (7)— (C) in paragraph (6), by striking ‘‘and’’ by the grant will reflect diverse and balanced (i) in subparagraph (C), by striking ‘‘and’’ after the semicolon; perspectives on world regions and inter- after the semicolon; (D) in paragraph (7), by striking the period national affairs.’’. (ii) in subparagraph (D), by striking the pe- and inserting a semicolon; and SEC. 611. AUTHORIZATION OF APPROPRIATIONS riod at the end and inserting a semicolon; (E) by adding at the end the following: FOR BUSINESS AND INTERNATIONAL and ‘‘(8) to establish linkages to facilitate car- EDUCATION PROGRAMS. (iii) by adding at the end the following: rying out the activities described in this sub- Section 614 (20 U.S.C. 1130b) is amended— ‘‘(E) an explanation of how the activities section between— (1) in subsection (a), by striking funded by the grant will reflect diverse and ‘‘(A) the institutions of higher education, ‘‘$11,000,000 for fiscal year 1999’’ and all that balanced perspectives and generate debate libraries, and consortia receiving grants follows through ‘‘fiscal years’’ and inserting ‘‘such sums as may be necessary for fiscal on world regions and international affairs, under this section; and year 2006 and each of the 5 succeeding fiscal where applicable; ‘‘(B) institutions of higher education, not- years’’; and ‘‘(F) a description of how the applicant will for-profit educational organizations, and li- (2) in subsection (b), by striking ‘‘$7,000,000 address disputes regarding diversity and bal- braries overseas; and for fiscal year 1999’’ and all that follows ance of activities funded under the applica- ‘‘(9) to carry out other activities that the through ‘‘fiscal years,’’ and inserting ‘‘such tion; and Secretary determines are consistent with the sums as may be necessary for fiscal year 2006 ‘‘(G) a description of how the applicant will purpose of the grants or contracts awarded and each of the 5 succeeding fiscal years’’. encourage government service in areas of na- under this section.’’; and tional need as identified by the Secretary.’’; (3) in subsection (c), by striking ‘‘institu- SEC. 612. MINORITY FOREIGN SERVICE PROFES- SIONAL DEVELOPMENT PROGRAM. and tion or consortium’’ and inserting ‘‘institu- Section 621 (20 U.S.C. 1131) is amended— (2) in subsection (c)— tion of higher education, library, or consor- (1) in subsection (c), by adding at the end (A) by striking ‘‘FUNDING SUPPORT.—The tium’’. the following: ‘‘Each application shall in- Secretary’’ and inserting ‘‘FUNDING RULES.— SEC. 606. SELECTION OF CERTAIN GRANT RECIPI- clude a description of how the activities ‘‘(1) THE SECRETARY.—The Secretary’’; ENTS. funded by the grant will reflect diverse and (B) by striking ‘‘10’’ and inserting ‘‘20’’; Section 607 (20 U.S.C. 1127) is amended— balanced perspectives on world regions and and (1) in subsection (a), by striking ‘‘evaluates international affairs, where applicable.’’; and (C) by adding at the end the following: the applications for comprehensive and un- (2) in subsection (e)— ‘‘(2) GRANTEES.—Of the total amount of dergraduate language and area centers and (A) by striking ‘‘MATCH REQUIRED.—The el- grant funds awarded to a grantee under this programs.’’ and inserting ‘‘evaluates— igible’’ and inserting ‘‘MATCHING FUNDS.— section, the grantee may use not more than ‘‘(1) the applications for comprehensive ‘‘(1) IN GENERAL.—Subject to paragraph (2), 10 percent of such funds for the activity de- foreign language and area or international the eligible’’; and scribed in subsection (a)(2)(I).’’. studies centers and programs; and (B) by adding at the end the following: SEC. 604. RESEARCH; STUDIES. ‘‘(2) the applications for undergraduate for- ‘‘(2) WAIVER.—The Secretary may waive Section 605(a) (20 U.S.C. 1125(a)) is amend- eign language and area or international the requirement of paragraph (1) for an eligi- ed— studies centers and programs.’’; and ble recipient if the Secretary determines (1) in paragraph (8), by striking ‘‘and’’ (2) in subsection (b), by adding at the end such waiver is appropriate.’’. after the semicolon; the following: ‘‘The Secretary shall also con- SEC. 613. INSTITUTIONAL DEVELOPMENT. (2) in paragraph (9), by striking the period sider an applicant’s record of sending stu- Section 622 (20 U.S.C. 1131–1) is amended— and inserting a semicolon; and dents into public service and an applicant’s (1) in subsection (a)— (3) by adding at the end the following: stated efforts to increase the number of stu- (A) by striking ‘‘Tribally Controlled Col- ‘‘(10) evaluation of the extent to which pro- dents that go into public service.’’. leges or Universities’’ and inserting ‘‘tribally grams assisted under this title reflect di- SEC. 607. AMERICAN OVERSEAS RESEARCH CEN- controlled colleges or universities’’; and verse and balanced perspectives and generate TERS. (B) by striking ‘‘international affairs pro- debate on world regions and international af- Section 609 (20 U.S.C. 1128a) is amended by grams.’’ and inserting ‘‘international affairs, fairs; adding at the end the following: international business, and foreign language ‘‘(11) the systematic collection, analysis, ‘‘(e) APPLICATION.—Each center desiring a study programs, including the teaching of and dissemination of data that contribute to grant under this section shall submit an ap- foreign languages, at such colleges, univer- achieving the purposes of this part; and plication to the Secretary at such time, in sities, and institutions, respectively, ‘‘(12) support for programs or activities to such manner, and accompanied by such in- through increased collaboration with insti- make data collected, analyzed, or dissemi- formation and assurances as the Secretary tutions of higher education that receive nated under this section publicly available may require. Each application shall include funding under this title.’’; and and easy to understand.’’. how the activities funded by the grant will (2) in subsection (c)— SEC. 605. TECHNOLOGICAL INNOVATION AND CO- reflect diverse and balanced perspectives and (A) by striking paragraphs (1) and (3); and OPERATION FOR FOREIGN INFOR- generate debate on world regions and inter- (B) by redesignating paragraphs (2) and (4) MATION ACCESS. national affairs, where applicable. Each ap- as paragraphs (1) and (2), respectively. Section 606 (20 U.S.C. 1126) is amended— plication shall also describe how the appli- SEC. 614. STUDY ABROAD PROGRAM. (1) in subsection (a)— cant will address disputes regarding diver- Section 623(a) (20 U.S.C. 1131a(a)) is amend- (A) by striking ‘‘new electronic tech- sity and balance of activities funded under ed— nologies’’ and insert ‘‘electronic tech- the application.’’. (1) by striking ‘‘as defined in section 322 of nologies’’; SEC. 608. AUTHORIZATION OF APPROPRIATIONS this Act’’; and (B) by inserting ‘‘from foreign sources’’ FOR INTERNATIONAL AND FOREIGN (2) by striking ‘‘tribally controlled Indian after ‘‘disseminate information’’; LANGUAGE STUDIES. community colleges as defined in the Trib- (C) by striking ‘‘AUTHORITY.—The Sec- Section 610 (20 U.S.C. 1128b) is amended by ally Controlled Community College Assist- retary’’ and insert ‘‘AUTHORITY.— striking ‘‘$80,000,000 for fiscal year 1999’’ and ance Act of 1978’’ and inserting ‘‘tribally con- ‘‘(1) IN GENERAL.—The Secretary’’; and all that follows through the period and in- trolled colleges or universities’’. (D) by adding at the end the following: serting ‘‘such sums as may be necessary for SEC. 615. ADVANCED DEGREE IN INTERNATIONAL ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT fiscal year 2006 and each of the 5 succeeding RELATIONS. EDUCATIONAL ORGANIZATIONS.—The Secretary fiscal years.’’. Section 624 (20 U.S.C. 1131b) is amended— may award grants under this section to carry SEC. 609. CENTERS FOR INTERNATIONAL BUSI- (1) in the section heading, by striking out the activities authorized under this sec- NESS EDUCATION. ‘‘MASTERS’’ and inserting ‘‘ADVANCED’’; tion to the following: Section 612(f) (20 U.S.C. 1130–1(f)) is amend- (2) in the first sentence, by inserting ‘‘, and ‘‘(A) An institution of higher education. ed— in exceptional circumstances, a doctoral de- ‘‘(B) A public or nonprofit private library. (1) in paragraph (3), by striking ‘‘and’’ gree,’’ after ‘‘masters degree’’; ‘‘(C) A consortium of an institution of after the semicolon; (3) in the second sentence, by striking higher education and 1 or more of the fol- (2) in paragraph (4), by striking the period ‘‘masters degree’’ and inserting ‘‘advanced lowing: at the end and inserting ‘‘; and’’; and degree’’; and

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(4) in the fourth sentence, by striking SEC. 621. DEFINITIONS. ‘‘(A) IN GENERAL.—The Secretary shall ap- ‘‘United States’’ and inserting ‘‘United Section 631 (20 U.S.C. 1132) is amended— point a Jacob K. Javits Fellows Program States.’’. (1) by redesignating paragraphs (2), (3), (4), Fellowship Board (referred to in this subpart SEC. 616. INTERNSHIPS. (5), (6), (7), (8), and (9), as paragraphs (8), (5), as the ‘Board’) consisting of 9 individuals Section 625 (20 U.S.C. 1131c) is amended— (9), (2), (11), (3), (7), and (4), respectively; representative of both public and private in- (1) in subsection (a)— (2) in paragraph (2), as redesignated by stitutions of higher education who are espe- (A) by striking ‘‘as defined in section 322 of paragraph (1), by striking ‘‘comprehensive cially qualified to serve on the Board. this Act’’; language and area center’’ and inserting ‘‘(B) QUALIFICATIONS.—In making appoint- (B) by striking ‘‘tribally controlled Indian ‘‘comprehensive foreign language and area or ments under subparagraph (A), the Secretary community colleges as defined in the Trib- international studies center’’; shall— ally Controlled Community College Assist- (3) in paragraph (11), as redesignated by ‘‘(i) give due consideration to the appoint- ance Act of 1978’’ and inserting ‘‘tribally con- paragraph (1), by striking ‘‘undergraduate ment of individuals who are highly respected trolled colleges or universities’’; language and area center’’ and inserting in the academic community; (C) by striking ‘‘an international’’ and in- ‘‘undergraduate foreign language and area or ‘‘(ii) assure that individuals appointed to serting ‘‘international,’’; and international studies center’’; the Board are broadly representative of a (D) by striking ‘‘the United States Infor- (4) in paragraph (3), as redesignated by range of disciplines in graduate education in mation Agency’’ and inserting ‘‘the Depart- paragraph (1), by striking the first occur- arts, humanities, and social sciences; ment of State’’; and rence of the term ‘‘critical languages’’ and ‘‘(iii) appoint members to represent the (2) in subsection (c)(1)— inserting ‘‘critical foreign languages’’; various geographic regions of the United (A) in subparagraph (E), by inserting (5) in paragraph (7), as redesignated by States; and ‘‘and’’ after the semicolon; paragraph (1), by striking ‘‘and’’ after the ‘‘(iv) include representatives from minor- (B) in subparagraph (F), by striking ‘‘; semicolon; ity institutions, as defined in section 365.’’. and’’ and inserting a period; and (6) in paragraph (4), as redesignated by SEC. 703. STIPENDS. (C) by striking subparagraph (G). paragraph (1), by striking the period at the end and inserting a semicolon; Section 703(a) (20 U.S.C. 1134b(a)) is amend- SEC. 617. FINANCIAL ASSISTANCE. ed by striking ‘‘graduate fellowships’’ and in- Part C of title VI (20 U.S.C. 1131 et seq.) is (7) by inserting after paragraph (5), as re- designated by paragraph (1), the following: serting ‘‘Graduate Research Fellowship Pro- further amended— gram’’. (1) by redesignating sections 626, 627, and ‘‘(6) the term ‘historically Black college 628 as sections 627, 628, and 629, respectively; and university’ has the meaning given the SEC. 704. AUTHORIZATION OF APPROPRIATIONS and term ‘part B institution’ in section 322;’’; and FOR THE JACOB K. JAVITS FELLOW- SHIP PROGRAM. (2) by inserting after section 625 the fol- (8) by inserting after paragraph (9), as re- lowing: designated by paragraph (1), the following: Section 705 (20 U.S.C. 1134d) is amended by ‘‘SEC. 626. FINANCIAL ASSISTANCE. ‘‘(10) the term ‘tribally controlled college striking ‘‘$30,000,000 for fiscal year 1999’’ and all that follows through the period and in- ‘‘(a) AUTHORITY.—The Institute may pro- or university’ has the meaning given the vide financial assistance, in the form of sum- term in section 2 of the Tribally Controlled serting ‘‘such sums as may be necessary for mer stipends described in subsection (b) and College or University Assistance Act of 1978 fiscal year 2006 and each of the 5 succeeding Ralph Bunche scholarship assistance de- (25 U.S.C. 1801); and’’. fiscal years to carry out this subpart.’’. scribed in subsection (c), to needy students SEC. 622. ASSESSMENT AND ENFORCEMENT. SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER to facilitate the participation of the students Part D of title VI (20 U.S.C. 1132) is amend- THE GRADUATE ASSISTANCE IN in the Institute’s programs under this part. ed by adding at the end the following: AREAS OF NATIONAL NEED PRO- GRAM. ‘‘(b) SUMMER STIPENDS.— ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE ‘‘(1) REQUIREMENTS.—A student receiving a OF CONSTRUCTION. Section 712(b) (20 U.S.C. 1135a(b)) is amend- summer stipend under this section shall use ‘‘(a) IN GENERAL.—The Secretary is author- ed to read as follows: such stipend to defray the student’s cost of ized to assess and ensure compliance with all ‘‘(b) DESIGNATION OF AREAS OF NATIONAL participation in a summer institute program the conditions and terms of grants provided NEED.—After consultation with appropriate funded under this part, including the costs of under this title. If a complaint regarding ac- Federal and nonprofit agencies and organiza- travel, living, and educational expenses nec- tivities funded under this title is not re- tions, including the National Science Foun- essary for the student’s participation in such solved under the process outlined in the rel- dation, the Department of Defense, the De- program. evant grantee’s application, and such com- partment of Homeland Security, the Na- ‘‘(2) AMOUNT.—A summer stipend awarded plaint is filed with the Department, the Sec- tional Academy of Sciences, and the Bureau to a student under this section shall not ex- retary shall be notified, and is authorized, of Labor Statistics, the Secretary shall des- ceed $3,000 per summer. when circumstances warrant, to imme- ignate areas of national need. In making ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— diately suspend future funding for the grant such designations, the Secretary shall take ‘‘(1) REQUIREMENTS.—A student receiving a pending resolution of such dispute. Such res- into consideration— Ralph Bunche scholarship under this sec- olution shall not exceed 60 days. The Sec- ‘‘(1) the extent to which the interest in the tion— retary shall take the outcomes of such com- area is compelling; ‘‘(A) shall be a full-time student at an in- plaints into account when determining the ‘‘(2) the extent to which other Federal pro- stitution of higher education who is accepted renewal of grants. grams support postbaccalaureate study in into a program funded under this part; and ‘‘(b) RULE OF CONSTRUCTION.—Nothing in the area concerned; ‘‘(B) shall use such scholarship to pay costs this title shall be construed to authorize the ‘‘(3) an assessment of how the program related to the cost of attendance, as defined Secretary to mandate, direct, or control an may achieve the most significant impact in section 472, at the institution of higher institution of higher education’s specific in- with available resources; and education in which the student is enrolled. structional content, curriculum, or program ‘‘(4) an assessment of current and future ‘‘(2) AMOUNT AND DURATION.—A Ralph of instruction. professional workforce needs of the United Bunche scholarship awarded to a student ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFOR- States.’’. under this section shall not exceed $5,000 per MATION. SEC. 706. AWARDS TO GRADUATE STUDENTS. academic year.’’. ‘‘The Secretary may use not more than 1 Section 714 (20 U.S.C. 1135c) is amended— SEC. 618. REPORT. percent of the funds made available under Section 627 (as redesignated by section (1) in subsection (b)— this title to carry out program evaluation, (A) by striking ‘‘1999–2000’’ and inserting 617(1)) (20 U.S.C. 1131d) is amended by strik- national outreach, and information dissemi- ing ‘‘annually’’ and inserting ‘‘biennially’’. ‘‘2006–2007’’; and nation activities relating to the programs (B) by striking ‘‘graduate fellowships’’ and SEC. 619. GIFTS AND DONATIONS. authorized under this title.’’. inserting ‘‘Graduate Research Fellowship Section 628 (as redesignated by section TITLE VII—GRADUATE AND POSTSEC- Program’’; and 617(1)) (20 U.S.C. 1131e) is amended by strik- ONDARY IMPROVEMENT PROGRAMS (2) in subsection (c)— ing ‘‘annual report described in section 626’’ (A) by striking ‘‘716(a)’’ and inserting and inserting ‘‘biennial report described in SEC. 701. PURPOSE. ‘‘715(a)’’; and section 627’’. Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by inserting ‘‘, including those (B) by striking ‘‘714(b)(2)’’ and inserting SEC. 620. AUTHORIZATION OF APPROPRIATIONS ‘‘713(b)(2)’’. FOR THE INSTITUTE FOR INTER- areas critical to United States national and NATIONAL PUBLIC POLICY. homeland security needs such as mathe- SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF Section 629 (as redesignated by section matics, science, and engineering’’ before the EDUCATION. 617(1)) (20 U.S.C. 1131f) is amended by strik- semicolon at the end. Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is ing ‘‘$10,000,000 for fiscal year 1999’’ and all SEC. 702. ALLOCATION OF JACOB K. JAVITS FEL- amended— that follows through the period and inserting LOWSHIPS. (1) by striking ‘‘1999–2000’’ and inserting ‘‘such sums as may be necessary for fiscal Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is ‘‘2006–2007’’; and year 2006 and each of the 5 succeeding fiscal amended to read as follows: (2) by striking ‘‘1998–1999’’ and inserting years.’’. ‘‘(1) APPOINTMENT.— ‘‘2005–2006’’.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9682 CONGRESSIONAL RECORD — SENATE September 6, 2005 SEC. 708. AUTHORIZATION OF APPROPRIATIONS SEC. 712. AUTHORIZATION OF APPROPRIATIONS tivities of the demonstration projects au- FOR THE GRADUATE ASSISTANCE IN FOR THE FUND FOR THE IMPROVE- thorized under this part and providing guid- AREAS OF NATIONAL NEED PRO- MENT OF POSTSECONDARY EDU- ance and recommendations on how success- GRAM. CATION. ful projects can be replicated.’’. Section 745 (20 U.S.C. 1138d) is amended by Section 716 (20 U.S.C. 1135e) is amended by SEC. 715. APPLICATIONS FOR DEMONSTRATION striking ‘‘$35,000,000 for fiscal year 1999’’ and striking ‘‘$30,000,000 for fiscal year 1999’’ and PROJECTS TO ENSURE STUDENTS all that follows through the period and in- all that follows through the period and in- WITH DISABILITIES RECEIVE A serting ‘‘such sums as may be necessary for serting ‘‘such sums as may be necessary for QUALITY HIGHER EDUCATION. fiscal year 2006 and each of the 5 succeeding fiscal year 2006 and each of the 5 succeeding Section 763 (20 U.S.C. 1140b) is amended— fiscal years to carry out this subpart.’’. fiscal years.’’. (1) by striking paragraph (1) and inserting SEC. 713. AUTHORIZATION OF APPROPRIATIONS SEC. 709. AUTHORIZATION OF APPROPRIATIONS the following: FOR THE URBAN COMMUNITY SERV- FOR THE THURGOOD MARSHALL ‘‘(1) a description of how such institution ICE PROGRAM. LEGAL EDUCATIONAL OPPORTUNITY plans to address the activities allowed under PROGRAM. Section 759 (20 U.S.C. 1139h) is amended by this part;’’; striking ‘‘$20,000,000 for fiscal year 1999’’ and Section 721(h) (20 U.S.C. 1136(h)) is amend- (2) in paragraph (2), by striking ‘‘and’’ all that follows through the period and in- ed by striking ‘‘$5,000,000 for fiscal year 1999’’ after the semicolon; serting ‘‘such sums as may be necessary for and all that follows through the period and (3) in paragraph (3), by striking the period fiscal year 2006 and each of the 5 succeeding inserting ‘‘such sums as may be necessary at the end and inserting ‘‘; and’’; and fiscal years to carry out this part.’’. for fiscal year 2006 and each of the 5 suc- (4) by adding at the end the following: ceeding fiscal years.’’. SEC. 714. GRANTS AUTHORIZED FOR DEM- ‘‘(4) a description of the extent to which ONSTRATION PROJECTS TO ENSURE the institution will work to replicate the re- SEC. 710. FUND FOR THE IMPROVEMENT OF STUDENTS WITH DISABILITIES RE- search based and best practices of institu- POSTSECONDARY EDUCATION. CEIVE A QUALITY HIGHER EDU- tions of higher education with demonstrated CATION. Section 741(a) (20 U.S.C. 1138(a)) is amend- success in serving students with disabil- Section 762 (20 U.S.C. 1140a) is amended— ed— ities.’’. (1) by striking paragraph (3) and inserting (1) in subsection (b)— (A) in paragraph (2)— SEC. 716. AUTHORIZATION OF APPROPRIATIONS the following: FOR THE DEMONSTRATION ‘‘(3) the establishment and continuation of (i) in subparagraph (A), by striking ‘‘to PROJECTS TO ENSURE STUDENTS institutions, programs, consortia, collabora- teach students with disabilities’’ and insert- WITH DISABILITIES RECEIVE A tions, and other joint efforts based on the ing ‘‘to teach and meet the academic and QUALITY HIGHER EDUCATION. technology of communications, including programmatic needs of students with disabil- Section 765 (20 U.S.C. 1140d) is amended by those efforts that utilize distance education ities in order to improve retention and com- striking ‘‘$10,000,000 for fiscal year 1999’’ and and technological advancements to educate pletion of postsecondary education’’; all that follows through the period and in- and train postsecondary students (including (ii) by redesignating subparagraphs (B) and serting ‘‘such sums as may be necessary for health professionals serving medically un- (C) as subparagraphs (C) and (F), respec- fiscal year 2006 and each of the 5 succeeding derserved populations);’’; tively; fiscal years.’’. (iii) by inserting after subparagraph (A) (2) in paragraph (7), by striking ‘‘and’’ TITLE VIII—MISCELLANEOUS after the semicolon; the following: ‘‘(B) EFFECTIVE TRANSITION PRACTICES.— SEC. 801. MATHEMATICS AND SCIENCE SCHOL- (3) in paragraph (8), by striking the period ARS PROGRAM. at the end and inserting a semicolon; and The development of innovative and effective teaching methods and strategies to ensure The Act (20 U.S.C. 1001 et seq.) is amended (4) by adding at the end the following: by adding at the end the following: ‘‘(9) the introduction of reforms in reme- the successful transition of students with dial education, including English language disabilities from secondary school to post- ‘‘TITLE VIII—MISCELLANEOUS instruction, to customize remedial courses secondary education.’’; ‘‘PART A—MATHEMATICS AND SCIENCE to student goals and help students progress (iv) in subparagraph (C), as redesignated by SCHOLARS PROGRAM rapidly from remedial courses into core clause (ii), by striking the period at the end ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOL- courses and through program completion; and inserting ‘‘, including data on the post- ARS PROGRAM. and secondary education of and impact on subse- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘(10) the creation of consortia that join di- quent employment of students with disabil- is authorized to award grants to States, on a verse institutions of higher education for the ities. Such research, information, and data competitive basis, to enable the States to purpose of integrating curricular and co-cur- shall be made publicly available and acces- award eligible students, who complete a rig- ricular interdisciplinary study.’’. sible.’’; orous secondary school curriculum in mathe- (v) by inserting after subparagraph (C), as matics and science, scholarships for under- SEC. 711. SPECIAL PROJECTS. redesignated by clause (ii), the following: graduate study. Section 744(c) (20 U.S.C. 1138c) is amended ‘‘(D) DISTANCE LEARNING.—The develop- ‘‘(b) ELIGIBLE STUDENTS.—A student is eli- to read as follows: ment of innovative and effective teaching gible for a scholarship under this section if ‘‘(c) AREAS OF NATIONAL NEED.—Areas of methods and strategies to provide faculty the student is a full-time undergraduate stu- national need shall include, at a minimum, and administrators with the ability to pro- dent in the student’s first and second year of the following: vide accessible distance education programs study who has completed a rigorous sec- ‘‘(1) Institutional restructuring to improve or classes that would enhance access of stu- ondary school curriculum in mathematics learning and promote productivity, effi- dents with disabilities to higher education, and science. ciency, quality improvement, and cost and including the use of accessible curriculum ‘‘(c) RIGOROUS CURRICULUM.—Each partici- price control. and electronic communication for instruc- pating State shall determine the require- ‘‘(2) Improvements in academic instruction tion and advisement. ments for a rigorous secondary school cur- and student learning, including efforts de- ‘‘(E) DISABILITY CAREER PATHWAYS.—Train- riculum in mathematics and science de- signed to assess the learning gains made by ing and providing support to secondary and scribed in subsection (b). postsecondary students. postsecondary staff to encourage interest in, ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The ‘‘(3) Articulation between 2- and 4-year in- enhance awareness and understanding of, Governor of a State may set a priority for stitutions of higher education, including de- provide educational opportunities in, teach awarding scholarships under this section for veloping innovative methods for ensuring practical skills related to, and offer work- particular eligible students, such as students the successful transfer of students from 2- to based opportunities in, disability related attending schools in high-need areas, stu- 4-year institutions of higher education. fields, among students, including students dents who are from groups underrepresented ‘‘(4) Development, evaluation and dissemi- with disabilities. Such training and support in the fields of mathematics, science, and en- nation of model programs, including model may include developing means to offer stu- gineering, students served by local edu- core curricula that— dents credit-bearing, college-level cational agencies that do not meet or exceed ‘‘(A) provide students with a broad and in- coursework, and career and educational State standards in mathematics and science, tegrated knowledge base; counseling.’’; and or students with regional or geographic ‘‘(B) include, at a minimum, broad survey (vi) by adding at the end the following: needs as determined appropriate by the Gov- courses in English literature, American and ‘‘(G) ACCESSIBILITY OF EDUCATION.—Making ernor. world history, American political institu- postsecondary education more accessible to ‘‘(e) AMOUNT AND DURATION OF SCHOLAR- tions, economics, philosophy, college-level students with disabilities through cur- SHIP.—The Secretary shall award a grant mathematics, and the natural sciences; and riculum development.’’; and under this section— ‘‘(C) include sufficient study of a foreign (B) in paragraph (3), by striking ‘‘subpara- ‘‘(1) in an amount that does not exceed language to lead to reading and writing com- graphs (A) through (C)’’ and inserting ‘‘sub- $1,000; and petency in the foreign language. paragraphs (A) through (G)’’; and ‘‘(2) for not more than 2 years of under- ‘‘(5) International cooperation and student (2) by adding at the end the following: graduate study. exchanges among postsecondary educational ‘‘(d) REPORT.—The Secretary shall prepare ‘‘(f) MATCHING REQUIREMENT.—In order to institutions.’’. and disseminate a report reviewing the ac- receive a grant under this section, a State

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9683 shall provide matching funds for the scholar- submit an application to the Secretary at ‘‘PART D—GRANT PROGRAM TO INCREASE ships awarded under this section in an such time, in such manner, and accompanied STUDENT RETENTION AND PROMOTE amount equal to 50 percent of the Federal by such additional information as the Sec- ARTICULATION AGREEMENTS funds received. retary may require. ‘‘SEC. 841. GRANT PROGRAM TO INCREASE STU- ‘‘(g) AUTHORIZATION.—There are authorized ‘‘(2) CONTENTS.—Each application sub- DENT RETENTION AND PROMOTE to be appropriated to carry out this section mitted under paragraph (1) shall include a ARTICULATION AGREEMENTS. such sums as may be necessary for fiscal description of— ‘‘(a) AUTHORIZATION OF PROGRAM.—The year 2006 and each of the 5 succeeding fiscal ‘‘(A) how the eligible partnership, through Secretary shall award grants, on a competi- years. the institution of higher education, will pro- tive basis, to eligible institutions to enable ‘‘PART B—POSTSECONDARY EDUCATION vide relevant job skill training for students the institutions to— ASSESSMENT to enter high-growth occupations or indus- ‘‘(1) focus on increasing traditional and ‘‘SEC. 821. POSTSECONDARY EDUCATION ASSESS- tries; nontraditional student retention at such in- MENT. ‘‘(B) local high-growth occupations or in- stitutions; and ‘‘(a) CONTRACT FOR ASSESSMENT.—The Sec- dustries; and ‘‘(2) promote articulation agreements retary shall enter into a contract, with an ‘‘(C) the need for qualified workers to meet among different institutions that will in- independent, bipartisan organization with the local demand of high-growth occupations crease the likelihood of progression of stu- specific expertise in public administration or industries. dents at such institutions to baccalaureate and financial management, to carry out an ‘‘(d) AWARD BASIS.—In awarding grants degrees. independent assessment of the cost factors under this section, the Secretary shall— ‘‘(b) DEFINITION OF ELIGIBLE INSTITUTION.— associated with the cost of tuition at institu- ‘‘(1) ensure an equitable distribution of In this section, the term ‘eligible institution’ tions of higher education. grant funds under this section among urban means an institution of higher education (as ‘‘(b) TIMEFRAME.—The Secretary shall and rural areas of the United States; and defined in section 101(a)) where not less than enter into the contract described in sub- ‘‘(2) take into consideration the capability 40 percent of such institution’s student body section (a) not later than 90 days after the of the institution of higher education— receives financial aid under subpart 1 of part date of enactment of the Higher Education ‘‘(A) to offer relevant, high quality instruc- A of title IV. Amendments of 2005. ‘‘(c) APPLICATION.—An eligible institution tion and job skill training for students enter- ‘‘(c) MATTERS ASSESSED.—The assessment that desires a grant under this section shall ing a high-growth occupation or industry; described in subsection (a) shall— submit an application to the Secretary at ‘‘(B) to involve the local business commu- ‘‘(1) examine the key elements driving the such time, in such manner, and containing nity and to place graduates in the commu- cost factors associated with the cost of tui- such information as the Secretary may re- nity in employment in high-growth occupa- tion at institutions of higher education dur- quire, including the number of students pro- tions or industries; ing academic year 2000 and succeeding aca- posed to be served and a description of the ‘‘(C) to provide secondary students with demic years; services that will be provided. ‘‘(2) identify and evaluate measures being dual-enrollment or concurrent enrollment ‘‘(d) MANDATORY ACTIVITIES.—An eligible used to control postsecondary education options; institution that receives a grant under this costs; ‘‘(D) to serve nontraditional or low-income section shall use the grant funds to carry out ‘‘(3) identify and evaluate effective meas- students, or adult or displaced workers; and each of the following: ures that may be utilized to control postsec- ‘‘(E) to serve students from rural or remote ‘‘(1) Offering counseling and advisement ondary education costs in the future; and communities. services to help students adapt to postsec- ‘‘(4) identify systemic approaches to mon- ‘‘(e) USE OF FUNDS.—Grant funds provided ondary education and select appropriate itor future postsecondary education costs under this section may be used— coursework. trends and postsecondary education cost ‘‘(1) to expand or create academic pro- ‘‘(2) Making mentors available to students control mechanisms. grams or programs of training that provide who are at risk for not completing a degree. relevant job skill training for high-growth ‘‘PART C—JOB SKILL TRAINING IN HIGH- ‘‘(3) Providing detailed assistance to stu- occupations or industries; GROWTH OCCUPATIONS OR INDUSTRIES dents who request help in understanding— ‘‘(2) to purchase equipment which will fa- ‘‘(A) the options for financing their edu- ‘‘SEC. 831. JOB SKILL TRAINING IN HIGH-GROWTH cilitate the development of academic pro- OCCUPATIONS OR INDUSTRIES. cation, including information on grants, grams or programs of training that provide ‘‘(a) GRANTS AUTHORIZED.—The Secretary loans, and loan repayment programs; is authorized to award grants, on a competi- training for high-growth occupations or in- ‘‘(B) the process of applying for financial tive basis, to eligible partnerships to enable dustries; assistance; the eligible partnerships to provide relevant ‘‘(3) to support outreach efforts that enable ‘‘(C) the outcome of their financial assist- job skill training in high-growth industries students to attend institutions of higher ance application; and or occupations. education with academic programs or pro- ‘‘(D) any unanticipated problems related to ‘‘(b) DEFINITIONS.—In this section: grams of training focused on high-growth oc- financing their education that arise. ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eli- cupations or industries; ‘‘(4) Offering tutoring to students at risk of gible partnership’ means a partnership— ‘‘(4) to expand or create programs for dis- dropping out of school with any course or ‘‘(A) between an institution of higher edu- tance, evening, weekend, modular, or com- subject. cation and a local board (as such term is de- pressed learning opportunities that provide ‘‘(5) Designing and implementing innova- fined in section 101 of the Workforce Invest- relevant job skill training in high-growth oc- tive ways to improve retention in and com- ment Act of 1998); or cupations or industries; pletion of courses, such as enrolling students ‘‘(B) if an institution of higher education is ‘‘(5) to build partnerships with local busi- in cohorts, providing counseling, or creating located within a State that does not operate nesses in high-growth occupations or indus- bridge programs that customize courses to local boards, between the institution of high- tries; the needs of special population students. er education and a State board (as such term ‘‘(6) to support curriculum development re- ‘‘(6) Conducting outreach activities so that is defined in section 101 of the Workforce In- lated to entrepreneurial training; and all students know that these services are vestment Act of 1998). ‘‘(7) for other uses that the Secretary de- available and are aware of how to access the ‘‘(2) NONTRADITIONAL STUDENT.—The term termines to be consistent with the intent of services. ‘nontraditional student’ means a student this section. ‘‘(7) Creating articulation agreements to who— ‘‘(f) REQUIREMENTS.— promote smooth transition from two year to ‘‘(A) is independent, as defined in section ‘‘(1) FISCAL AGENT.—For the purpose of this four year programs. 480(d); section, the institution of higher education ‘‘(8) Making services listed in paragraphs ‘‘(B) attends an institution of higher edu- in an eligible partnership shall serve as the (1) through (5) available in students’ native cation— fiscal agent and grant recipient for the eligi- languages, if it is not English, if the percent- ‘‘(i) on less than a full-time basis; ble partnership. age of students needing translation services ‘‘(ii) via evening, weekend, modular, or ‘‘(2) DURATION.—The Secretary shall award in a specific language exceeds 5 percent. compressed courses; or grants under this section for periods that ‘‘(e) PERMISSIBLE ACTIVITIES.—An eligible ‘‘(iii) via distance learning methods; or may not exceed 5 years. institution that receives a grant under this ‘‘(C) has delayed enrollment at an institu- ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds section may use grant funds to carry out any tion of higher education. made available under this section shall be of the following activities: ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— used to supplement and not supplant other ‘‘(1) Designing innovative course schedules The term ‘institution of higher education’ Federal, State, and local funds available to to meet the needs of working adults, such as means an institution of higher education, as the eligible partnership for carrying out the online, modular, compressed, or other alter- defined in section 101(b), that offers a 1- or 2- activities described in subsection (e). native methods. year program of study leading to a degree or ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) Offering childcare during the hours certificate. There are authorized to be appropriated to when students have class or are studying. ‘‘(c) APPLICATION.— carry out this part such sums as may be nec- ‘‘(3) Providing transportation assistance to ‘‘(1) IN GENERAL.—Each eligible partnership essary for fiscal year 2006 and each of the 5 students that helps such students manage that desires a grant under this section shall succeeding fiscal years. their schedules.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9684 CONGRESSIONAL RECORD — SENATE September 6, 2005 ‘‘(4) Partnering with local businesses to supplant non-Federal funds available for the cational agency, means a local educational create flexible work-hour programs so that activities described in subsection (e); and agency experiencing a shortage of highly students can balance work and school. ‘‘(E) such fiscal controls and accounting qualified teachers. ‘‘(5) Offering time management or finan- procedures as may be necessary to ensure ‘‘(b) GRANTS AUTHORIZED.—The Secretary cial literacy seminars to help students im- proper disbursement of and accounting for is authorized to award a grant to Teach For prove their management skills. funding made available to the eligible insti- America, Inc., the national teacher corps of ‘‘(6) Improving professional development to tution under this part. outstanding recent college graduates who ‘‘(d) AWARD BASIS.—In awarding grants align instruction with innovative program commit to teach for 2 years in underserved under this part, the Secretary shall take designs. communities in the United States, to imple- into consideration the capability of the eligi- ‘‘(7) Any other activities the Secretary be- ment and expand its program of recruiting, lieves will promote retention of students at- ble institution to— selecting, training, and supporting new tending eligible institutions. ‘‘(1) increase access to quality program- teachers. ‘‘(f) TECHNICAL ASSISTANCE.—The Sec- ming that expands knowledge of traditional retary may enter into a contract with a pri- American history, free institutions, or West- ‘‘(c) REQUIREMENTS.—In carrying out the vate entity to provide such technical assist- ern civilization; grant program under subsection (b), the Sec- ance to grantees under this section as the ‘‘(2) involve personnel with strong exper- retary shall enter into an agreement with Secretary determines appropriate. tise in traditional American history, free in- the grantee under which the grantee agrees ‘‘(g) EVALUATION.—The Secretary shall stitutions, or Western civilization; and to use the grant funds provided under this conduct an evaluation of program impacts ‘‘(3) sustain the activities funded under section— under the demonstration program, and shall this part after the grant has expired. ‘‘(1) to provide highly qualified teachers to disseminate to the public the findings from ‘‘(e) USE OF FUNDS.— high need local educational agencies in the evaluation and information on best prac- ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro- urban and rural communities; tices. vided under this part shall be used to— ‘‘(2) to pay the cost of recruiting, selecting, ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) establish or strengthen academic pro- training, and supporting new teachers; and There is authorized to be appropriated to grams or centers focused on traditional ‘‘(3) to serve a substantial number and per- carry out this and such sums as may be nec- American history, free institutions, or West- centage of underserved students. essary for fiscal year 2006 and each of the 5 ern civilization, which may include— ‘‘(d) AUTHORIZED ACTIVITIES.— succeeding fiscal years. ‘‘(i) design and implementation of pro- ‘‘(1) IN GENERAL.—Grant funds provided ‘‘PART E—AMERICAN HISTORY FOR grams of study, courses, lecture series, semi- under this section shall be used by the grant- FREEDOM nars, and symposia; ee to carry out each of the following activi- ‘‘(ii) development, publication, and dis- ‘‘SEC. 851. AMERICAN HISTORY FOR FREEDOM. ties: semination of instructional materials; ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(A) Recruiting and selecting teachers ‘‘(iii) research; is authorized to award 3-year grants, on a through a highly selective national process. competitive basis, to eligible institutions to ‘‘(iv) support for faculty teaching in under- graduate and, if applicable, graduate pro- ‘‘(B) Providing preservice training to the establish or strengthen postsecondary aca- teachers through a rigorous summer insti- demic programs or centers that promote and grams; tute that includes hands-on teaching experi- impart knowledge of— ‘‘(v) support for graduate and postgraduate ence and significant exposure to education ‘‘(1) traditional American history; fellowships, if applicable; or coursework and theory. ‘‘(2) the history and nature of, and threats ‘‘(vi) teacher preparation initiatives that ‘‘(C) Placing the teachers in schools and to, free institutions; or stress content mastery regarding traditional positions designated by partner local edu- ‘‘(3) the history and achievements of West- American history, free institutions, or West- cational agencies as high need placements ern civilization. ern civilization; and serving underserved students. ‘‘(b) DEFINITIONS.—In this section: ‘‘(B) conduct outreach activities to ensure ‘‘(D) Providing ongoing professional devel- ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- that information about the activities funded gible institution’ means an institution of under this part is widely disseminated— opment activities for the teachers’ first 2 higher education as defined in section 101. ‘‘(i) to undergraduate students (including years in the classroom, including regular classroom observations and feedback, and ‘‘(2) FREE INSTITUTION.—The term ‘free in- students enrolled in teacher education pro- stitution’ means an institution that emerged grams, if applicable); ongoing training and support. out of Western civilization, such as democ- ‘‘(ii) to graduate students (including stu- ‘‘(2) LIMITATION.—The grantee shall use all racy, constitutional government, individual dents enrolled in teacher education pro- grant funds received under this section to rights, market economics, religious freedom grams), if applicable; support activities related directly to the re- and religious tolerance, and freedom of ‘‘(iii) to faculty; cruitment, selection, training, and support thought and inquiry. ‘‘(iv) to local educational agencies; and of teachers as described in subsection (a). ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The ‘‘(v) within the local community. ‘‘(e) REPORTS AND EVALUATIONS.— term ‘traditional American history’ means— ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds ‘‘(1) ANNUAL REPORT.—The grantee shall ‘‘(A) the significant constitutional, polit- provided under this part may be used to sup- provide to the Secretary an annual report ical, intellectual, economic, and foreign pol- port— that includes— icy trends and issues that have shaped the ‘‘(A) collaboration with entities such as— ‘‘(A) data on the number and quality of the course of American history; and ‘‘(i) local educational agencies, for the pur- teachers provided to local educational agen- ‘‘(B) the key episodes, turning points, and pose of providing elementary, middle and cies through a grant under this section; leading figures involved in the constitu- secondary school teachers an opportunity to ‘‘(B) an externally conducted analysis of tional, political, intellectual, diplomatic, enhance their knowledge of traditional the satisfaction of local educational agencies and economic history of the United States. American history, free institutions, or West- and principals with the teachers so provided; ‘‘(c) APPLICATION.— ern civilization; and and ‘‘(1) IN GENERAL.—Each eligible institution ‘‘(ii) nonprofit organizations whose mission ‘‘(C) comprehensive data on the back- that desires a grant under this part shall is consistent with the purpose of this part, ground of the teachers chosen, the training submit an application to the Secretary at such as academic organizations, museums, the teachers received, the placement sites of such time, in such manner, and accompanied and libraries, for assistance in carrying out the teachers, the professional development by such additional information as the Sec- activities described under subsection (a); and of the teachers, and the retention of the retary may require. ‘‘(B) other activities that meet the pur- teachers. ‘‘(2) CONTENTS.—Each application sub- poses of this part. ‘‘(2) STUDY.— mitted under subsection (a) shall include a ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—From funds appro- description of — For the purpose of carrying out this part, priated under subsection (f), the Secretary ‘‘(A) how funds made available under this there are authorized to be appropriated such shall provide for a study that examines the part will be used for the activities set forth sums as may be necessary for fiscal year 2006 achievement levels of the students taught by under subsection (e), including how such ac- and each of the 5 succeeding fiscal years. the teachers assisted under this section. tivities will increase knowledge with respect ‘‘PART F—TEACH FOR AMERICA ‘‘(B) ACHIEVEMENT GAINS COMPARED.—The to traditional American history, free institu- ‘‘SEC. 861. TEACH FOR AMERICA. study shall compare, within the same tions, or Western civilization; ‘‘(a) DEFINITIONS.— schools, the achievement gains made by stu- ‘‘(B) how the eligible institution will en- ‘‘(1) IN GENERAL.—The terms ‘highly quali- dents taught by teachers who are assisted sure that information about the activities fied’, ‘local educational agency’, and ‘Sec- under this section with the achievement funded under this part is widely dissemi- retary’ have the meanings given the terms in gains made by students taught by teachers nated pursuant to subsection (e)(1)(B); section 9101 of the Elementary and Sec- who are not assisted under this section. ‘‘(C) any activities to be undertaken pursu- ondary Education Act of 1965 (20 U.S.C. 7801). ‘‘(3) REQUIREMENTS.—The Secretary shall ant to subsection (e)(2)(A), including identi- ‘‘(2) GRANTEE.—The term ‘grantee’ means provide for such a study not less than once fication of entities intended to participate; Teach For America, Inc. every 3 years, and each such study shall in- ‘‘(D) how funds made available under this ‘‘(3) HIGH NEED.—The term ‘high need’, clude multiple placement sites and multiple part shall be used to supplement and not when used with respect to a local edu- schools within placement sites.

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‘‘(4) PEER REVIEW STANDARDS.—Each such ‘‘(A) take into account— duced by the amount the eligible institution study shall meet the peer review standards ‘‘(i) the number and distribution of minor- charges and collects from a fellowship recipi- of the education research community. ity and female faculty nationally; ent for tuition and other expenses as part of ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) the current and projected need for the recipient’s instructional program. ‘‘(1) IN GENERAL.—There are authorized to highly trained individuals in all areas of the ‘‘(D) USE FOR OVERHEAD PROHIBITED.— be appropriated to carry out this section higher education professoriate; and Funds made available under this section may such sums as may be necessary for fiscal ‘‘(iii) the present and projected need for not be used for general operational overhead year 2006 and each of the 5 succeeding fiscal highly trained individuals in academic ca- of the academic department or institution years. reer fields in which minorities and women receiving funds under this section. ‘‘(2) LIMITATION.—The grantee shall not use are underrepresented in the higher education ‘‘(d) FELLOWSHIP RECIPIENTS.— more than 25 percent of Federal funds from professoriate; and ‘‘(1) AUTHORIZATION.—An eligible institu- any source for administrative costs. ‘‘(B) consider the need to prepare a large tion that receives a grant under this section ‘‘PART G—PATSY T. MINK FELLOWSHIP number of minorities and women generally shall use the grant funds to make fellowship PROGRAM in academic career fields of high national awards to minorities and women who are en- priority, especially in areas in which such in- rolled at such institution in a doctoral de- ‘‘SEC. 1. PATSY T. MINK FELLOWSHIP PROGRAM. dividuals are traditionally underrepresented gree, or highest possible degree available, ‘‘(a) PURPOSE.— in college and university faculties, such as program and— ‘‘(1) IN GENERAL.—It is the purpose of this mathematics, science, technology, and engi- ‘‘(A) intend to pursue a career in instruc- section to provide, through eligible institu- neering. tion at— tions, a program of fellowship awards to as- ‘‘(4) DISTRIBUTION AND AMOUNTS OF ‘‘(i) an institution of higher education (as sist highly qualified minorities and women GRANTS.— the term is defined in section 101); to acquire the doctoral degree, or highest ‘‘(A) EQUITABLE DISTRIBUTION.—In awarding ‘‘(ii) an institution of higher education (as possible degree available, in academic areas grants under this section, the Secretary the term is defined in section 102(a)(1)); in which such individuals are underrep- shall, to the maximum extent feasible, en- ‘‘(iii) an institution of higher education resented for the purpose of enabling such in- sure an equitable geographic distribution of outside the United States (as the term is de- dividuals to enter the higher education pro- awards and an equitable distribution among scribed in section 102(a)(2)); or fessoriate. public and independent eligible institutions ‘‘(iv) a proprietary institution of higher ‘‘(2) DESIGNATION.—Each recipient of a fel- that apply for grants under this section and education (as the term is defined in section lowship award from an eligible institution that demonstrate an ability to achieve the 102(b)); and receiving a grant under this section shall be purpose of this section. ‘‘(B) sign an agreement with the Secretary known as a ‘Patsy T. Mink Graduate Fellow’. ‘‘(B) SPECIAL RULE.—To the maximum ex- agreeing— ‘‘(b) DEFINITIONS.—In this section, the term tent practicable, the Secretary shall use not ‘‘(i) to begin employment at an institution ‘eligible institution’ means an institution of less than 30 percent of the amount appro- described in paragraph (1) not later than 3 higher education, or a consortium of such in- priated pursuant to subsection (f) to award years after receiving the doctoral degree or stitutions, that offers a program of grants to eligible institutions that— highest possible degree available, which 3- postbaccalaureate study leading to a grad- ‘‘(i) are eligible for assistance under title year period may be extended by the Sec- uate degree. III or title V; or retary for extraordinary circumstances; and ‘‘(c) PROGRAM AUTHORIZED.— ‘‘(ii) have formed a consortium that in- ‘‘(ii) to be employed by such institution for ‘‘(1) GRANTS BY SECRETARY.— cludes both non-minority serving institu- 1 year for each year of fellowship assistance ‘‘(A) IN GENERAL.—The Secretary shall tions and minority serving institutions. received under this section. award grants to eligible institutions to en- ‘‘(C) ALLOCATION.—In awarding grants ‘‘(2) FAILURE TO COMPLY.—If an individual able such institutions to make fellowship under this section, the Secretary shall allo- who receives a fellowship award under this awards to individuals in accordance with the cate appropriate funds to those eligible insti- section fails to comply with the agreement provisions of this section. tutions whose applications indicate an abil- signed pursuant to subsection (a)(2), then the ‘‘(B) PRIORITY CONSIDERATION.—In awarding ity to significantly increase the numbers of Secretary shall do 1 or both of the following: grants under this section, the Secretary minorities and women entering the higher ‘‘(A) Require the individual to repay all or shall consider the eligible institution’s prior education professoriate and that commit in- the applicable portion of the total fellowship experience in producing doctoral degree, or stitutional resources to the attainment of amount awarded to the individual by con- highest possible degree available, holders the purpose of this section. verting the balance due to a loan at the in- who are minorities and women, and shall ‘‘(D) NUMBER OF FELLOWSHIP AWARDS.—An terest rate applicable to loans made under give priority consideration in making grants eligible institution that receives a grant part B of title IV. under this section to those eligible institu- under this section shall make not less than ‘‘(B) Impose a fine or penalty in an amount tions with a demonstrated record of pro- 15 fellowship awards. to be determined by the Secretary. ducing minorities and women who have ‘‘(E) REALLOTMENT.—If the Secretary de- ‘‘(3) WAIVER AND MODIFICATION.— earned such degrees. termines that an eligible institution awarded ‘‘(A) REGULATIONS.—The Secretary shall ‘‘(2) APPLICATIONS.— a grant under this section is unable to use promulgate regulations setting forth criteria ‘‘(A) IN GENERAL.—An eligible institution all of the grant funds awarded to the institu- to be considered in granting a waiver for the that desires a grant under this section shall tion, the Secretary shall reallot, on such service requirement under subsection (a)(2). submit an application to the Secretary at date during each fiscal year as the Secretary ‘‘(B) CONTENT.—The criteria under para- such time, in such manner, and containing may fix, the unused funds to other eligible graph (1) shall include whether compliance such information as the Secretary may re- institutions that demonstrate that such in- with the service requirement by the fellow- quire. stitutions can use any reallocated grant ship recipient would be— ‘‘(B) APPLICATIONS MADE ON BEHALF.— funds to make fellowship awards to individ- ‘‘(i) inequitable and represent an extraor- ‘‘(i) IN GENERAL.—The following entities uals under this section. dinary hardship; or may submit an application on behalf of an ‘‘(5) INSTITUTIONAL ALLOWANCE.— ‘‘(ii) deemed impossible because the indi- eligible institution: ‘‘(A) IN GENERAL.— vidual is permanently and totally disabled at ‘‘(I) A graduate school or department of ‘‘(i) NUMBER OF ALLOWANCES.—In awarding the time of the waiver request. such institution. grants under this section, the Secretary ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel- ‘‘(II) A graduate school or department of shall pay to each eligible institution award- lowship awards under this section shall con- such institution in collaboration with an un- ed a grant, for each individual awarded a fel- sist of a stipend in an amount equal to the dergraduate college or university of such in- lowship by such institution under this sec- level of support provided to the National stitution. tion, an institutional allowance. Science Foundation graduate fellows, except ‘‘(III) An organizational unit within such ‘‘(ii) AMOUNT.—Except as provided in para- that such stipend shall be adjusted as nec- institution that offers a program of graph (3), an institutional allowance shall be essary so as not to exceed the fellow’s tui- postbaccalaureate study leading to a grad- in an amount equal to, for academic year tion and fees or demonstrated need (as deter- uate degree, including an interdisciplinary 2006-2007 and succeeding academic years, the mined by the institution of higher education or an interdepartmental program. amount of institutional allowance made to where the graduate student is enrolled), ‘‘(IV) A nonprofit organization with a dem- an institution of higher education under sec- whichever is greater. onstrated record of helping minorities and tion 715 for such academic year. ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in- women earn postbaccalaureate degrees. ‘‘(B) USE OF FUNDS.—Institutional allow- dividual student shall not be eligible to re- ‘‘(ii) NONPROFIT ORGANIZATIONS.—Nothing ances may be expended in the discretion of ceive a fellowship award— in this paragraph shall be construed to per- the eligible institution and may be used to ‘‘(A) except during periods in which such mit the Secretary to award a grant under provide, except as prohibited under para- student is enrolled, and such student is this section to an entity other than an eligi- graph (4), academic support and career tran- maintaining satisfactory academic progress ble institution. sition services for individuals awarded fel- in, and devoting essentially full time to, ‘‘(3) SELECTION OF APPLICATIONS.—In lowships by such institution. study or research in the pursuit of the degree awarding grants under subsection (a), the ‘‘(C) REDUCTION.—The institutional allow- for which the fellowship support was award- Secretary shall— ance paid under paragraph (1) shall be re- ed; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9686 CONGRESSIONAL RECORD — SENATE September 6, 2005 ‘‘(B) if the student is engaged in gainful paragraph (A) and whether the programs at intellectual achievements of deaf and hard- employment, other than part-time employ- the Clerc Center are making adequate yearly of-hearing persons; or ment in teaching, research, or similar activ- progress, as determined under subparagraph ‘‘(3) promote the integration of hearing, ity determined by the eligible institution to (B).’’. deaf, and hard-of-hearing persons through be consistent with and supportive of the stu- SEC. 902. AGREEMENT WITH GALLAUDET UNI- shared cultural, educational, and social ex- dent’s progress toward the appropriate de- VERSITY. periences. gree. Section 105(b)(4) of the Education of the ‘‘(c) APPLICATIONS.—An eligible entity that ‘‘(e) RULE OF CONSTRUCTION.—Nothing in Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is desires to receive a grant, or enter into a this section shall be construed to require an amended— contract or cooperative agreement, under eligible institution that receives a grant (1) by striking ‘‘the Act of March 3, 1931 (40 this section shall submit an application to under this section— U.S.C. 276a–276a–5) commonly referred to as the Secretary at such time, in such manner, ‘‘(1) to grant a preference or to differen- the Davis-Bacon Act’’ and inserting ‘‘sub- and containing such information as the Sec- tially treat any applicant for a faculty posi- chapter IV of chapter 31 of title 40, United retary may require. tion as a result of the institution’s participa- States Code, commonly referred to as the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tion in the program under this section; or Davis-Bacon Act’’; and There are authorized to be appropriated to ‘‘(2) to hire a Patsy T. Mink Fellow who (2) by striking ‘‘section 2 of the Act of carry out this section such sums as may be completes this program and seeks employ- June 13, 1934 (40 U.S.C. 276c)’’ and inserting necessary for fiscal year 2006 and each of the ment at such institution. ‘‘section 3145 of title 40, United States Code’’. 5 succeeding fiscal years.’’. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— SEC. 903. AGREEMENT FOR THE NATIONAL TECH- (b) CONFORMING AMENDMENT.—The title There is authorized to be appropriated to NICAL INSTITUTE FOR THE DEAF. heading of title I of the Education of the carry out this section such sums as may be Section 112 of the Education of the Deaf Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is necessary for fiscal year 2006 for each of the Act of 1986 (20 U.S.C. 4332) is amended— amended by adding at the end ‘‘; OTHER 5 succeeding fiscal years. (1) in subsection (a)— PROGRAMS’’. (A) in paragraph (1)— ‘‘PART H—STUDY ON COLLEGE SEC. 905. AUDIT. (i) in the first sentence— ENROLLMENT BY SECONDARY SCHOOLS Section 203 of the Education of the Deaf (I) by striking ‘‘an institution of higher Act of 1986 (20 U.S.C. 4353) is amended— ‘‘SEC. 1. STUDY ON COLLEGE ENROLLMENT BY education’’ and inserting ‘‘the Rochester In- SECONDARY SCHOOLS. (1) in subsection (b)— stitute of Technology, Rochester, New ‘‘The Secretary shall contract with a not- (A) in paragraph (1), by striking the second York’’; and for-profit organization, with demonstrated sentence and inserting the following: ‘‘The (II) by striking ‘‘of a’’ and inserting ‘‘of expertise in increasing college enrollment institution of higher education that the Sec- the’’; and rates in low-income communities nation- retary has an agreement with under section (ii) by striking the second sentence; wide, to make publicly available year-to- 112 shall have an annual independent finan- (B) by redesignating paragraph (2) as para- year college enrollment rate trends by sec- graph (3); and cial and compliance audit made of NTID pro- ondary schools, in full compliance with the (C) by inserting after paragraph (1) the fol- grams and activities. The audit shall follow Family Educational Rights and Privacy Act lowing: the cycle of the Federal fiscal year.’’; of 1974 (FERPA).’’. ‘‘(2) Notwithstanding the requirement (B) in paragraph (2), by striking ‘‘sections’’ TITLE IX—AMENDMENTS TO OTHER LAWS under paragraph (1), if the Secretary or the and all that follows through the period and PART A—EDUCATION OF THE DEAF ACT Rochester Institute of Technology termi- inserting ‘‘sections 102(b), 105(b)(4), 112(b)(5), OF 1986 nates the agreement under paragraph (1), the 203(c), 207(b)(2), subsections (c) through (f) of section 207, and subsections (b) and (c) of sec- SEC. 901. LAURENT CLERC NATIONAL DEAF EDU- Secretary shall consider proposals from CATION CENTER. other institutions of higher education and tion 209.’’; and Section 104 of the Education of the Deaf enter into an agreement with 1 of such insti- (C) in paragraph (3), by inserting ‘‘and the Act of 1986 (20 U.S.C. 4304) is amended— tutions for the establishment and operation Committee on Education and the Workforce (1) by striking the heading and inserting of a National Technical Institution for the of the House of Representatives and the ‘‘LAURENT CLERC NATIONAL DEAF EDUCATION Deaf.’’; and Committee on Health, Education, Labor, and CENTER’’; (2) in subsection (b)— Pensions of the Senate’’ after ‘‘Secretary’’; (2) in subsection (a)(1)(A), by inserting (A) in paragraph (3), by striking ‘‘Com- and ‘‘the Laurent Clerc National Deaf Education mittee on Education and Labor of the House (2) in subsection (c)(2)(A), by striking Center (referred to in this section as the of Representatives and to the Committee on ‘‘Committee on Education and Labor of the ‘Clerc Center’) to carry out’’ after ‘‘maintain Labor and Human Resources of the Senate’’ House of Representatives and the Committee and operate’’; and and inserting ‘‘Committee on Education and on Labor and Human Resources of the Sen- (3) in subsection (b)— the Workforce of the House of Representa- ate’’ and inserting ‘‘Committee on Education (A) in the matter preceding subparagraph tives and to the Committee on Health, Edu- and the Workforce of the House of Rep- (A) of paragraph (1), by striking ‘‘elementary cation, Labor, and Pensions of the Senate’’; resentatives and the Committee on Health, and secondary education programs’’ and in- and Education, Labor, and Pensions of the Sen- serting ‘‘Clerc Center’’; (B) in paragraph (5)— ate’’. (B) in paragraph (2), by striking ‘‘elemen- (i) by striking ‘‘the Act of March 3, 1931 (40 SEC. 906. REPORTS. tary and secondary education programs’’ and U.S.C. 276a–276a–5) commonly referred to as Section 204 of the Education of the Deaf inserting ‘‘Clerc Center’’; and the Davis-Bacon Act’’ and inserting ‘‘sub- Act of 1986 (20 U.S.C. 4354) is amended— (C) by adding at the end the following: chapter IV of chapter 31 of title 40, United (1) in the matter preceding paragraph (1), ‘‘(5) The University, for purposes of the ele- States Code, commonly referred to as the by striking ‘‘Committee on Education and mentary and secondary education programs Davis-Bacon Act’’; and Labor of the House of Representatives and carried out at the Clerc Center, shall— (ii) by striking ‘‘section 2 of the Act of the Committee on Labor and Human Re- ‘‘(A)(i) select challenging academic con- June 13, 1934 (40 U.S.C. 276c)’’ and inserting sources of the Senate’’ and inserting ‘‘Com- tent standards, challenging student aca- ‘‘section 3145 of title 40, United States Code’’. mittee on Education and the Workforce of demic achievement standards, and academic SEC. 904. CULTURAL EXPERIENCES GRANTS. the House of Representatives and the Com- assessments of a State, adopted and imple- (a) CULTURAL EXPERIENCES GRANTS.—Title mittee on Health, Education, Labor, and mented, as appropriate, pursuant to para- I of the Education of the Deaf Act of 1986 (20 Pensions of the Senate’’; graphs (1) and (3) of section 1111(b) of the El- U.S.C. 4301 et seq.) is amended by adding at (2) in paragraph (1), by striking ‘‘pre- ementary and Secondary Education Act of the end the following: paratory,’’; 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved ‘‘PART C—OTHER PROGRAMS (3) in paragraph (2)(C), by striking ‘‘upon by the Secretary; and ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. graduation/completion’’ and inserting ‘‘on the date that is 1 year after the date of grad- ‘‘(ii) implement such standards and assess- ‘‘(a) IN GENERAL.—The Secretary shall, on ments for such programs by not later than a competitive basis, make grants to, and uation or completion’’; and the beginning of the 2008–2009 academic year; enter into contracts and cooperative agree- (4) in paragraph (3)(B), by striking ‘‘of the ‘‘(B) annually determine whether such pro- ments with, eligible entities to support the institution of higher education’’ and all that grams at the Clerc Center are making ade- activities described in subsection (b). follows through the period and inserting ‘‘of quate yearly progress, as determined accord- ‘‘(b) ACTIVITIES.—In carrying out this sec- NTID programs and activities.’’. ing to the definition of adequate yearly tion, the Secretary shall support activities SEC. 907. MONITORING, EVALUATION, AND RE- progress defined (pursuant to section providing cultural experiences, through ap- PORTING. 1111(b)(2)(C) of such Act (20 U.S.C. propriate nonprofit organizations with a Section 205 of the Education of the Deaf 6311(b)(2)(C))) by the State that has adopted demonstrated proficiency in providing such Act of 1986 (20 U.S.C. 4355) is amended— and implemented the standards and assess- activities, that— (1) in subsection (b), by striking ‘‘The Sec- ments selected under subparagraph (A)(i); ‘‘(1) enrich the lives of deaf and hard-of- retary, as part of the annual report required and hearing children and adults; under section 426 of the Department of Edu- ‘‘(C) publicly report the results of the aca- ‘‘(2) increase public awareness and under- cation Organization Act, shall include a de- demic assessments implemented under sub- standing of deafness and of the artistic and scription of’’ and inserting ‘‘The Secretary

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9687 shall annually transmit information to Con- ‘‘(B) under subsection (b)(2) to 25 percent PART D—INDIAN EDUCATION gress on’’; and if— Subpart 1—Tribal Colleges and Universities (2) in subsection (c), by striking ‘‘fiscal ‘‘(i) a student described under subsection years 1998 through 2003’’ and inserting ‘‘fiscal (b)(2) demonstrates need; and SEC. 941. TRIBALLY CONTROLLED COLLEGE AND years 2006 through 2010’’. ‘‘(ii) such student has made a good faith ef- UNIVERSITY ASSISTANCE. SEC. 908. LIAISON FOR EDUCATIONAL PRO- fort to secure aid through such student’s (a) CLARIFICATION OF THE DEFINITION OF NA- GRAMS. government or other sources. TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) Section 206(a) of the Education of the Deaf ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The of the Tribally Controlled College or Univer- Act of 1986 (20 U.S.C. 4356(a)) is amended by University and NTID shall develop a sliding sity Assistance Act of 1978 (25 U.S.C. striking ‘‘Not later than 30 days after the scale model that— 1801(a)(6)) is amended by striking ‘‘in the date of enactment of this Act, the’’ and in- ‘‘(A) will be used to determine the amount field of Indian education’’ and inserting ‘‘in serting ‘‘The’’. of a tuition surcharge reduction pursuant to the fields of tribally controlled colleges and universities and Indian higher education’’. SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR paragraph (1); and GALLAUDET UNIVERSITY AND THE ‘‘(B) shall be approved by the Secretary. (b) INDIAN STUDENT COUNT.—Section 2(a) of NATIONAL TECHNICAL INSTITUTE ‘‘(d) DEFINITION.—In this section, the term the Tribally Controlled College or University FOR THE DEAF. ‘developing country’ means a country with a Assistance Act (25 U.S.C. 1801(a)) is amend- Section 207(h) of the Education of the Deaf per-capita income of not more than $4,825, ed— Act of 1986 (20 U.S.C. 4357(h)) is amended by measured in 1999 United States dollars, as (1) by redesignating paragraphs (7) and (8) striking ‘‘fiscal years 1998 through 2003’’ each adjusted by the Secretary to reflect inflation as paragraphs (8) and (9), respectively; and place it appears and inserting ‘‘fiscal years since 1999.’’. (2) by inserting after paragraph (6) the fol- 2006 through 2010’’. SEC. 912. RESEARCH PRIORITIES. lowing: SEC. 910. OVERSIGHT AND EFFECT OF AGREE- Section 210(b) of the Education of the Deaf ‘‘(7) ‘Indian student’ means a student who MENTS. Act of 1986 (20 U.S.C. 4359b(b)) is amended by is— Section 208(a) of the Education of the Deaf striking ‘‘Committee on Labor and Human ‘‘(A) a member of an Indian tribe; or Act of 1986 (20 U.S.C. 4359(a)) is amended by Resources of the Senate’’ and inserting ‘‘(B) a biological child of a member of an striking ‘‘Committee on Labor and Human ‘‘Committee on Health, Education, Labor, Indian tribe, living or deceased;’’. Resources of the Senate and the Committee and Pensions of the Senate’’. (c) CONTINUING EDUCATION.—Section 2(b) of on Education and the Workforce of the SEC. 913. AUTHORIZATION OF APPROPRIATIONS. the Tribally Controlled College or University House of Representatives’’ and inserting Section 212 of the Education of the Deaf Assistance Act (25 U.S.C. 1801(b)) is amended ‘‘Committee on Education and the Work- Act of 1986 (20 U.S.C. 4360a) is amended— by striking paragraph (5) and inserting the force of the House of Representatives and the (1) in subsection (a), in the matter pre- following: Committee on Health, Education, Labor, and ceding paragraph (1), by striking ‘‘fiscal ‘‘(5) DETERMINATION OF CREDITS.—Eligible Pensions of the Senate’’. years 1998 through 2003’’ and inserting ‘‘fiscal credits earned in a continuing education pro- SEC. 911. INTERNATIONAL STUDENTS. years 2006 through 2011’’; and gram— Section 209 of the Education of the Deaf (2) in subsection (b), by striking ‘‘fiscal ‘‘(A) shall be determined as 1 credit for Act of 1986 (20 U.S.C. 4359a) is amended— years 1998 through 2003’’ and inserting ‘‘fiscal every 10 contact hours in the case of an in- (1) in subsection (a)— years 2006 through 2011’’. stitution on a quarter system, or 15 contact (A) by striking ‘‘preparatory, under- hours in the case of an institution on a se- PART B—UNITED STATES INSTITUTE OF mester system, of participation in an orga- graduate,’’ and inserting ‘‘undergraduate’’; PEACE ACT (B) by striking ‘‘Effective with’’ and in- nized continuing education experience under serting the following: SEC. 921. UNITED STATES INSTITUTE OF PEACE responsible sponsorship, capable direction, ACT. ‘‘(1) IN GENERAL.—Except as provided in and qualified instruction, as described in the paragraph (2), effective with’’; and (a) POWERS AND DUTIES.—Section 1705(b)(3) criteria established by the International As- (C) by adding at the end the following: of the United States Institute of Peace Act sociation for Continuing Education and (22 U.S.C. 4604(b)(3)) is amended by striking ‘‘(2) DISTANCE LEARNING.—International Training; and students who participate in distance learn- ‘‘the Arms Control and Disarmament Agen- ‘‘(B) shall be limited to 10 percent of the ing courses that are at NTID or the Univer- cy,’’. Indian student count of a tribally controlled OARD OF DIRECTORS.—Section 1706 of sity and who are residing outside of the (b) B college or university.’’. the United States Institute of Peace Act (22 United States shall— (d) ACCREDITATION REQUIREMENT.—Section U.S.C. 4605) is amended— ‘‘(A) not be counted as international stu- 103 of the Tribally Controlled College or Uni- (1) by striking ‘‘(b)(5)’’ each place the term dents for purposes of the cap on inter- versity Assistance Act (25 U.S.C. 1804) is appears and inserting ‘‘(b)(4)’’; and national students under paragraph (1), ex- amended— (2) in subsection (e), by adding at the end cept that in any school year no United (1) in paragraph (2), by striking ‘‘and’’ at the following: States citizen who applies to participate in the end; ‘‘(5) The term of a member of the Board distance learning courses that are at the (2) in paragraph (3), by striking the period shall not commence until the member is con- University or NTID shall be denied participa- at the end and inserting ‘‘; and’’; and firmed by the Senate and sworn in as a mem- tion in such courses because of the participa- (3) by inserting after paragraph (3), the fol- ber of the Board.’’. tion of an international student in such lowing: (c) FUNDING.—Section 1710 of the United courses; and ‘‘(4)(A) is accredited by a nationally recog- States Institute of Peace Act (22 U.S.C. 4609) ‘‘(B) not be charged a tuition surcharge, as nized accrediting agency or association de- is amended by adding at the end the fol- described in subsection (b).’’; and termined by the Secretary of Education to lowing: (2) by striking subsections (b), (c), and (d), be a reliable authority with regard to the ‘‘(d) EXTENSION.—Any authorization of ap- and inserting the following: quality of training offered; or propriations made for the purposes of car- ‘‘(b) TUITION SURCHARGE.—Except as pro- ‘‘(B) is, according to such an agency or as- rying out this title shall be extended in the vided in subsections (a)(2)(B) and (c), the tui- sociation, making reasonable progress to- same manner as applicable programs are ex- tion for postsecondary international stu- ward accreditation.’’. tended under section 422 of the General Edu- dents enrolled in the University (including (e) TECHNICAL ASSISTANCE CONTRACT cation Provisions Act.’’. undergraduate and graduate students) or AWARDS.—Section 105 of the Tribally Con- NTID shall include, for academic year 2007– PART C—THE HIGHER EDUCATION trolled College or University Assistance Act 2008 and any succeeding academic year, a AMENDMENTS OF 1998 (25 U.S.C. 1805) is amended in the second sen- surcharge of— SEC. 931. REPEALS. tence by striking ‘‘In the awarding of con- ‘‘(1) 100 percent for a postsecondary inter- The following provisions of title VIII of the tracts for technical assistance, preference national student from a non-developing Higher Education Amendments of 1998 (Pub- shall be given’’ and inserting ‘‘The Secretary country; and lic Law 105–244) are repealed: shall direct that contracts for technical as- ‘‘(2) 50 percent for a postsecondary inter- (1) Part A. sistance be awarded’’. national student from a developing country. (2) Part C (20 U.S.C. 1070 note). (f) TITLE I REAUTHORIZATION.—Section ‘‘(c) REDUCTION OF SURCHARGE.— (3) Part F (20 U.S.C. 1862 note). 110(a) of the Tribally Controlled College or ‘‘(1) IN GENERAL.—Beginning with the aca- (4) Part J. University Assistance Act of 1978 (25 U.S.C. demic year 2007–2008, the University or NTID (5) Section 861. 1810(a)) is amended— may reduce the surcharge— (6) Section 863. (1) in paragraphs (1), (2), (3), and (4), by ‘‘(A) under subsection (b)(1) to 50 percent SEC. 932. GRANTS TO STATES FOR WORKPLACE striking ‘‘1999’’ and inserting ‘‘2006’’; if— AND COMMUNITY TRANSITION (2) in paragraphs (1), (2), and (3), by strik- ‘‘(i) a student described under subsection TRAINING FOR INCARCERATED ing ‘‘4 succeeding’’ and inserting ‘‘5 suc- (b)(1) demonstrates need; and YOUTH OFFENDERS. ceeding’’; ‘‘(ii) such student has made a good faith ef- Section 821(b) of the Higher Education (3) in paragraph (2), by striking fort to secure aid through such student’s Amendment of 1988 is amended by striking ‘‘$40,000,000’’ and inserting ‘‘such sums as government or other sources; and ‘‘25’’ and inserting ‘‘35’’. may be necessary’’;

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(4) in paragraph (3), by striking ‘‘(c) AUTHORIZATION AND APPROPRIATION OF (2) in clause (ii)(I), by striking ‘‘$3,500’’ and ‘‘$10,000,000’’ and inserting ‘‘such sums as FUNDS.—There are authorized to be appro- inserting ‘‘$4,500’’. may be necessary’’; and priated, and there are appropriated, out of (c) FEDERAL PLUS LOANS.—Section 428B of (5) in paragraph (4), by striking ‘‘suc- any money in the Treasury not otherwise ap- the Higher Education Act of 1965 (20 U.S.C. ceeding 4’’ and inserting ‘‘5 succeeding’’. propriated, for the Department of Education 1078–2) is amended— (g) TITLE III REAUTHORIZATION.—Section to carry out this section and section 401B— (1) in subsection (a)(1)— 306(a) of the Tribally Controlled College or ‘‘(1) $965,000,000 for fiscal year 2006; (A) in the matter preceding subparagraph University Assistance Act of 1978 (25 U.S.C. ‘‘(2) $971,000,000 for fiscal year 2007; (A), by striking ‘‘Parents’’ and inserting ‘‘A 1836(a)) is amended— ‘‘(3) $971,000,000 for fiscal year 2008; graduate or professional student or the par- (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; ‘‘(4) $972,000,000 for fiscal year 2009; and ents’’; and ‘‘(5) $972,000,000 for fiscal year 2010. (B) in subparagraph (A), by striking ‘‘the (2) by striking ‘‘4 succeeding’’ and insert- ‘‘(d) SUNSET PROVISION.—This section shall parents’’ and inserting ‘‘the graduate or pro- ing ‘‘5 succeeding’’. be effective with respect to amounts appro- fessional student or the parents’’; and (h) TITLE IV REAUTHORIZATION.—Section priated for fiscal year 2006 and each of the 4 (C) in subparagraph (B), by striking ‘‘the 403 of the Tribal Economic Development and succeeding fiscal years.’’. parents’’ and inserting ‘‘the graduate or pro- Technology Related Education Assistance (b) SENSE OF THE SENATE.—It is the sense fessional student or the parents’’; Act of 1990 (25 U.S.C. 1852) is amended— of the Senate that the amounts appropriated (2) in subsection (b), by striking ‘‘any par- (1) by striking ‘‘$2,000,000 for fiscal year to carry out sections 401A and 401B of the ent’’ and inserting ‘‘any graduate or profes- 1999’’ and inserting ‘‘such sums as may be Higher Education Act of 1965 are the result sional student or any parent’’; necessary for fiscal year 2006’’; and of the savings generated by the amendments (3) in subsection (c)(2), by striking ‘‘par- (2) by striking ‘‘4 succeeding’’ and insert- made by this title. ent’’ and inserting ‘‘graduate or professional ing ‘‘5 succeeding’’. SEC. 1002. NATIONAL SMART GRANTS. student or parent’’; and Subpart 2—Navajo Higher Education Subpart 1 of part A of title IV of the High- (4) in subsection (d)(1), by striking ‘‘the SEC. 945. SHORT TITLE. er Education Act of 1965 (20 U.S.C. 1070a) is parent’’ and inserting ‘‘the graduate or pro- This subpart may be cited as the ‘‘Navajo further amended by adding after section 401A fessional student or the parent’’. (d) UNSUBSIDIZED STAFFORD LOANS FOR Nation Higher Education Act of 2005’’. (as added by section 1001): ‘‘SEC. 401B. NATIONAL SMART GRANTS. GRADUATE OR PROFESSIONAL STUDENTS.—Sec- SEC. 946. REAUTHORIZATION OF THE NAVAJO tion 428H(d)(2) of the Higher Education Act COMMUNITY COLLEGE ACT. ‘‘(a) GRANTS AUTHORIZED.—From amounts of 1965 (20 U.S.C. 1078–8(d)(2)) is amended— Section 5(a)(1) of the Navajo Community appropriated under section 401A(c) for a fis- (1) in subparagraph (C), by striking College Act (25 U.S.C. 640c-1(a)(1)) is amend- cal year, the Secretary shall award grants to ‘‘$10,000’’ and inserting ‘‘$12,000’’; and ed by striking ‘‘$2,000,000’’ and all that fol- eligible students to assist the eligible stu- (2) in subparagraph (D)— lows through ‘‘years’’ and inserting ‘‘such dents in paying their college education ex- (A) in clause (i), by striking ‘‘$5,000’’ and sums as may be necessary for fiscal year 2006 penses. inserting ‘‘$7,000’’; and and each of the 5 succeeding fiscal years’’. ‘‘(b) DESIGNATION.—A grant under this sec- tion shall be known as a ‘National Science (B) in clause (ii), by striking ‘‘$5,000’’ and TITLE X—RECONCILIATION and Mathematics Access to Retain Talent inserting ‘‘$7,000’’. SEC. 1001. PROVISIONAL GRANT ASSISTANCE Grant’ or a ‘National SMART Grant’. SEC. 1004. PLUS LOAN INTEREST RATES AND PROGRAM. ‘‘(c) DEFINITION OF ELIGIBLE STUDENT.—In ZERO SPECIAL ALLOWANCE PAY- (a) AMENDMENT.—Subpart 1 of part A of this section the term ‘eligible student’ MENT. title IV of the Higher Education Act of 1965 means a student who, for the academic year (a) PLUS LOANS.—Section 427A(l)(2) of the (20 U.S.C. 1070a) is amended by adding at the for which the determination is made— Higher Education Act of 1965 (20 U.S.C. end the following: ‘‘(1) is eligible for a Federal Pell Grant; 1077a(l)(2)) is amended by striking ‘‘7.9 per- ‘‘SEC. 401A. PROVISIONAL GRANT ASSISTANCE and cent’’ and inserting ‘‘8.5 percent’’. PROGRAM. ‘‘(2) is in the student’s 3rd or 4th year at an (b) CONFORMING AMENDMENTS FOR SPECIAL ALLOWANCES.— ‘‘(a) GRANTS.— institution of higher education majoring in— (1) AMENDMENTS.—Subparagraph (I) of sec- ‘‘(1) IN GENERAL.—From amounts appro- ‘‘(A) mathematics, science, technology, or tion 438(b)(2) of the Higher Education Act of priated under subsection (c) for a fiscal year engineering (as determined by the Secretary 1965 (20 U.S.C. 1087–1(b)(2)) is amended— and subject to subsection (b), the Secretary pursuant to regulations); or (A) in clause (iii), by striking ‘‘, subject to shall award grants to students (which shall ‘‘(B) a foreign language that the Secretary, clause (v) of this subparagraph’’; be known as ‘ProGAP awards’) in the same in consultation with the Director of National (B) in clause (iv), by striking ‘‘, subject to manner as the Secretary awards grants to Intelligence, determines is critical to the na- clause (vi) of this subparagraph’’; and students under section 401, except that the tional security of the United States. Secretary shall determine the amount of a ‘‘(d) GRANT AMOUNT.—The Secretary shall (C) by striking clauses (v), (vi), and (vii) grant under this section for an academic award a grant under this section in an and inserting the following: year by— amount that does not exceed $1,500 for an ‘‘(v) RECAPTURE OF EXCESS INTEREST.— ‘‘(A) determining the total number of stu- academic year. ‘‘(I) EXCESS CREDITED.—With respect to a dents eligible for a grant under section 401 ‘‘(e) FUNDING RULE.—The Secretary shall loan on which the applicable interest rate is for the academic year, and the amount that use not more than $200,000,000 of the funds determined under section 427A(l) and for each of those students are eligible to receive appropriated under section 401A(c) for each which the first disbursement of principal is under section 401 calculated on the basis of of the fiscal years 2006 through 2010 to carry made on or after April 1, 2006, if the applica- the maximum grant level specified in the ap- out this section. ble interest rate for any 3-month period ex- propriate Appropriation Act for section 401 ‘‘(f) UNOBLIGATED FUNDS AVAILABLE FOR ceeds the special allowance support level ap- for the academic year; FEDERAL GRANT ASSISTANCE.—The Secretary plicable to such loan under this subpara- ‘‘(B) determining the amount each of those shall make any funds made available under graph for such period, then an adjustment students would receive under section 401 if subsection (e) for a fiscal year that remain shall be made by calculating the excess in- the grant award under section 401 were cal- unobligated at the end of the fiscal year terest in the amount computed under sub- culated on the basis of the sum of the total available to carry out section 401A. clause (II) of this clause, and by crediting amount appropriated to carry out section 401 ‘‘(g) MATCHING ASSISTANCE.—An institu- the excess interest to the Government not and the total amount appropriated to carry tion of higher education may, from funds less often than annually. out this section for the academic year; and provided from private sources, provide addi- ‘‘(II) CALCULATION OF EXCESS.—The amount ‘‘(C) awarding to each of those students the tional assistance to a student receiving a of any adjustment of interest on a loan to be amount by which the amount determined grant under this section, except that the made under this subsection for any quarter under subparagraph (B) exceeds the amount total assistance provided under this title to shall be equal to— determined under subparagraph (A). a student shall not exceed the student’s cost ‘‘(aa) the applicable interest rate minus ‘‘(2) STUDENTS WITH THE GREATEST NEED.— of attendance.’’. the special allowance support level deter- The Secretary shall ensure grants are award- SEC. 1003. LOAN LIMITS. mined under this subparagraph; multiplied ed under this section to students with the (a) FEDERAL INSURANCE LIMITS.—Section by greatest need as determined under paragraph 425(a)(1)(A) of the Higher Education Act of ‘‘(bb) the average daily principal balance of (1). 1965 (20 U.S.C. 1075(a)(1)(A)) is amended— the loan (not including unearned interest ‘‘(b) COST OF ATTENDANCE LIMITATION.—A (1) in clause (i)(I), by striking ‘‘$2,625’’ and added to principal) during such calendar grant awarded under this section for an aca- inserting ‘‘$3,500’’; and quarter; divided by demic year shall be awarded in an amount (2) in clause (ii)(I), by striking ‘‘$3,500’’ and ‘‘(cc) four. that does not exceed— inserting ‘‘$4,500’’. ‘‘(III) SPECIAL ALLOWANCE SUPPORT ‘‘(1) the student’s cost of attendance for (b) GUARANTEE LIMITS.—Section LEVEL.—For purposes of this clause, the term the academic year; less 428(b)(1)(A) of the Higher Education Act of ‘special allowance support level’ means, for ‘‘(2) an amount equal to the expected fam- 1965 (20 U.S.C. 1078(b)(1)(A)) is amended— any loan, a number expressed as a percent- ily contribution for that student for the aca- (1) in clause (i)(I), by striking ‘‘$2,625’’ and age equal to the sum of the rates determined demic year. inserting ‘‘$3,500’’; and under subclauses (I) and (III) of clause (i),

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9689 and applying any substitution rules applica- ‘‘(II) is performing qualifying National (A) by inserting ‘‘(A)’’ before ‘‘For the pur- ble to such loan under clauses (ii), (iii), and Guard duty during a war or other military poses of paragraph (2)(D),’’; (iv) in determining such sum.’’. operation or national emergency;’’. (B) by redesignating subparagraphs (A) and (2) EFFECTIVE DATE.—The amendments (d) DEFINITIONS.—Section 481 of the Higher (B) as clauses (i) and (ii), respectively; and made by this subsection shall not apply with Education Act of 1965 (20 U.S.C. 1088) is (C) by adding at the end the following new respect to any special allowance payment amended by adding at the end the following subparagraphs: made under section 438 of the Higher Edu- new subsection: ‘‘(B) GUARANTY AGENCY OBLIGATIONS.—A cation Act of 1965 (20 U.S.C 1087–1) before ‘‘(d) DEFINITIONS FOR MILITARY guaranty agency shall— April 1, 2006. DEFERMENTS.—For purposes of parts B, D, ‘‘(i) on or after October 1, 2006— SEC. 1005. REDUCTION OF LENDER INSURANCE and E of this title: ‘‘(I) not charge the borrower collection REIMBURSEMENT RATES. ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ costs in an amount in excess of 18.5 percent (a) AMENDMENT.—Subparagraph (G) of sec- has the meaning given such term in section of the outstanding principal and interest of a tion 428(b)(1) of the Higher Education Act of 101(d)(1) of title 10, United States Code, ex- defaulted loan that is paid off through con- 1965 (20 U.S.C. 1078(b)(1)) is amended to read cept that such term does not include active solidation by the borrower under this title; as follows: duty for training or attendance at a service and ‘‘(G) insures 97 percent of the unpaid prin- school. ‘‘(II) remit to the Secretary a portion of cipal of loans insured under the program;’’. ‘‘(2) MILITARY OPERATION.—The term ‘mili- the collection charge under subclause (I) (b) EFFECTIVE DATE.—The amendment tary operation’ means a contingency oper- equal to 8.5 percent of the outstanding prin- made by subsection (a) shall apply with re- ation as such term is defined in section cipal and interest of such defaulted loan; and spect to any loan made, insured, or guaran- 101(a)(13) of title 10, United States Code. ‘‘(ii) on and after October 1, 2009, remit to teed under part B of title IV of the Higher ‘‘(3) NATIONAL EMERGENCY.—The term ‘na- the Secretary the entire amount charged Education Act of 1965 (20 U.S.C. 1071 et seq.) tional emergency’ means the national emer- under clause (i)(I) with respect to each de- for which the first disbursement is made on gency by reason of certain terrorist attacks faulted loan that is paid off with excess con- or after January 1, 2006. declared by the President on September 14, solidation proceeds. SEC. 1006. GUARANTY AGENCY ORIGINATION FEE. 2001, or subsequent national emergencies de- ‘‘(C) EXCESS CONSOLIDATION PROCEEDS.—For (a) AMENDMENT.—Section 428(b)(1)(H) of the clared by the President by reason of terrorist purposes of subparagraph (B), the term ‘ex- Higher Education Act of 1965 (20 U.S.C. attacks. cess consolidation proceeds’ means, with re- 1078(b)(1)(H)) is amended to read as follows: ‘‘(4) SERVING ON ACTIVE DUTY.—The term spect to any guaranty agency for any Fed- ‘‘(H) provides for the collection, and the ‘serving on active duty during a war or other eral fiscal year beginning on or after October deposit in the Federal Fund established military operation or national emergency’ 1, 2009, the proceeds of consolidation of de- under section 422A(a), of a guaranty agency means service by an individual who is— faulted loans under this title that exceed 45 origination fee of 1.0 percent of each dis- ‘‘(A) a Reserve of an Armed Force ordered percent of the agency’s total collections on bursement of the proceeds of the loan, which to active duty under section 12301(a), defaulted loans in such Federal fiscal year.’’. fee may be provided from funds in the guar- 12301(g), 12302, 12304, or 12306 of title 10, SEC. 1009. SINGLE HOLDER RULE. anty agency’s operating fund under section United States Code, or any retired member Subparagraph (A) of section 428C(b)(1) of 422B or from other non-Federal funds;’’. of an Armed Force ordered to active duty the Higher Education Act of 1965 (20 U.S.C. (b) EFFECTIVE DATE.—The amendment under section 688 of such title, for service in 1078–3(b)(1)) is amended by striking ‘‘and (i)’’ made by subsection (a) shall be effective connection with a war or other military op- and all that follows through ‘‘so selected for with respect to any loan guaranteed under eration or national emergency, regardless of consolidation)’’. part B of title IV of the Higher Education the location at which such active duty serv- Act of 1965 on or after April 1, 2006. SEC. 1010. DEFAULT REDUCTION PROGRAM. ice is performed; and Section 428F(a)(1) of the Higher Education SEC. 1007. DEFERMENT OF STUDENT LOANS FOR ‘‘(B) any other member of an Armed Force MILITARY SERVICE. Act of 1965 (20 U.S.C. 1078-6(a)(1)) is amend- on active duty in connection with such emer- (a) FEDERAL FAMILY EDUCATION LOANS.— ed— gency or subsequent actions or conditions Section 428(b)(1)(M) of the Higher Education (1) in subparagraph (A), by striking ‘‘con- Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amend- who has been assigned to a duty station at a secutive payments for 12 months’’ and in- ed— location other than the location at which serting ‘‘9 payments made within 20 days of (1) by striking ‘‘or’’ at the end of clause such member is normally assigned. the due date during 10 consecutive months’’; (ii); ‘‘(5) QUALIFYING NATIONAL GUARD DUTY.— (2) by redesignating subparagraph (C) as (2) by redesignating clause (iii) as clause The term ‘qualifying National Guard duty subparagraph (D); and (iv); and during a war or other military operation or (3) by inserting after subparagraph (B) the (3) by inserting after clause (ii) the fol- national emergency’ means service as a following new subparagraph: lowing new clause: member of the National Guard on full-time ‘‘(C) A guaranty agency may charge the ‘‘(iii) not in excess of 3 years during which National Guard duty (as defined in section borrower and retain collection costs in an the borrower— 101(d)(5) of title 10, United States Code) amount not to exceed 18.5 percent of the out- ‘‘(I) is serving on active duty during a war under a call to active service authorized by standing principal and interest at the time or other military operation or national the President or the Secretary of Defense for of sale of a loan rehabilitated under subpara- emergency; or a period of more than 30 consecutive days graph (A).’’. ‘‘(II) is performing qualifying National under section 502(f) of title 32, United States SEC. 1011. REQUIREMENTS FOR DISBURSEMENTS Guard duty during a war or other military Code, in connection with a war, other mili- OF STUDENT LOANS. operation or national emergency; or’’. tary operation, or a national emergency de- Section 428G of the Higher Education Act (b) DIRECT LOANS.—Section 455(f)(2) of the clared by the President and supported by of 1965 (20 U.S.C. 1078–7) is amended— Higher Education Act of 1965 (20 U.S.C. Federal funds.’’. (1) in subsection (a)(3), by adding at the 1087e(f)(2)) is amended— (e) RULE OF CONSTRUCTION.—Nothing in the end the following: ‘‘Notwithstanding section (1) by redesignating subparagraph (C) as amendments made by this section shall be 422(d) of the Higher Education Amendments subparagraph (D); and construed to authorize any refunding of any of 1998, this paragraph shall be effective be- (2) by inserting after subparagraph (B) the repayment of a loan. ginning on the date of enactment of the following new subparagraph: (f) EFFECTIVE DATE.—The amendments Higher Education Amendments of 2005.’’; and ‘‘(C) not in excess of 3 years during which made by this section shall apply with respect (2) in subsection (b)(1), by adding at the the borrower— to loans for which the first disbursement is end the following: ‘‘Notwithstanding section ‘‘(i) is serving on active duty during a war made on or after July 1, 2001. 422(d) of the Higher Education Amendments or other military operation or national SEC. 1008. REHABILITATION THROUGH CONSOLI- of 1998, the second sentence of this paragraph emergency; or DATION. shall be effective beginning on the date of ‘‘(ii) is performing qualifying National Section 428(c) of the Higher Education Act enactment of the Higher Education Amend- Guard duty during a war or other military of 1965 (20 U.S.C 1078(c)) is amended— ments of 2005.’’. operation or national emergency; or’’. (1) in paragraph (2)(A)— SEC. 1012. SPECIAL INSURANCE AND REINSUR- (c) PERKINS LOANS.—Section 464(c)(2)(A) of (A) by inserting ‘‘(i)’’ after ‘‘including’’; ANCE RULES. the Higher Education Act of 1965 (20 U.S.C. and (a) REPEAL.—Section 428I of the Higher 1087dd(c)(2)(A)) is amended— (B) by inserting before the semicolon at Education Act of 1965 (20 U.S.C. 1078–9) is re- (1) by redesignating clauses (iii) and (iv) as the end the following: ‘‘and (ii) requirements pealed. clauses (iv) and (v), respectively; and establishing procedures to preclude consoli- (b) CONFORMING AMENDMENTS.—Part A of (2) by inserting after clause (ii) the fol- dation lending from being an excessive pro- title IV of the Higher Education Act of 1965 lowing new clause: portion of guaranty agency recoveries on de- (20 U.S.C.1070 et seq.) is amended— ‘‘(iii) not in excess of 3 years during which faulted loans under this part’’; (1) in section 428(c)(1)— the borrower— (2) in paragraph (2)(D), by striking ‘‘para- (A) by striking subparagraph (D); and ‘‘(I) is serving on active duty during a war graph (6)’’ and inserting ‘‘paragraph (6)(A)’’; (B) by redesignating subparagraphs (E) and or other military operation or national and (F) as subparagraphs (D) and (E), respec- emergency; or (3) in paragraph (6)— tively; and

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9690 CONGRESSIONAL RECORD — SENATE September 6, 2005 (2) in section 438(b)(5), by striking the mat- (2) by striking ‘‘4.0 percent of the principal ably support a family—require men and ter following subparagraph (B). amount of loan’’ and inserting ‘‘not less than women to have a college degree or cer- SEC. 1013. SCHOOL AS LENDER MORATORIUM. 1 percent and not more than 3 percent of the tificate, and the best jobs require ad- Section 435(d)(2) of the Higher Education principal amount of the loan, except that the vanced degrees. Act of 1965 (20 U.S.C. 1085(d)(2)) is amended— Secretary shall charge the borrower of a Federal Direct PLUS Loan an origination fee But today, many families across (1) in subparagraph (E), by striking ‘‘and’’ America are facing a combination of after the semicolon; and of 4.0 percent of the principal amount of the (2) by inserting before the matter following loan.’’. hope and anxiety as their children go subparagraph (F) the following: SEC. 1017. INCOME CONTINGENT REPAYMENT back to college—hope that their chil- ‘‘(G) shall have met the requirements of FOR PUBLIC SECTOR EMPLOYEES. dren will do well and anxiety about ris- subparagraphs (A) through (F), and made Section 455(e) of the Higher Education Act ing costs that are swamping family loans under this part, on or before August 31, of 1965 (20 U.S.C. 1087e(e)) is amended by add- budgets. 2005; ing at the end the following: Public tuition is up 35 percent over ‘‘(H) shall hold each loan the eligible insti- ‘‘(7) REPAYMENT PLAN FOR PUBLIC SECTOR the last 4 years. Nationally, last year, EMPLOYEES.— tution makes under this part to a student almost 200,000 qualified students didn’t enrolled at the eligible institution until the ‘‘(A) IN GENERAL.—The Secretary shall for- student enters into a grace period described give the balance due on any loan made under go to college at all because they in section 427(a)(2)(B) or 428(b)(7); this part for a borrower— couldn’t afford the high cost. Accord- ‘‘(I) shall use the proceeds from the sale of ‘‘(i) who has made 120 payments on such ing to new data from the Congressional a loan made under this part, for need based loan pursuant to income contingent repay- Advisory Committee on Student Finan- grant aid programs, except that such pro- ment; and cial Assistance, the poorest students ceeds— ‘‘(ii) who is employed, and was employed face an average unmet financial need ‘‘(i) shall not be used to provide a grant to for the 10-year period in which the borrower of nearly $6,000. a student for an academic year in an amount made the 120 payments described in clause (i), in a public sector job. Many who find a way to go to college that is more than the student’s cost of at- are borrowing more heavily than ever. tendance for the academic year; and ‘‘(B) PUBLIC SECTOR JOB.—In this para- ‘‘(ii) shall supplement and not supplant graph, the term ‘public sector job’ means a In 1990, only 16 percent of students other Federal, State, and institutional grant full-time job in emergency management, took out a college loan. Today, it is 52 aid; and government, public safety, law enforcement, percent. Thirty years ago, the typical ‘‘(J) shall not be a foundation or alumni public health, education (including early student aid package was 60 percent organization;’’. childhood education), or public interest legal grants and 40 percent loans. Today, it SEC. 1014. PERMANENT REDUCTION OF SPECIAL services (including prosecution or public de- is the reverse—40 percent grants and 60 fense). ALLOWANCE PAYMENTS FOR LOANS percent loans. The average under- FROM THE PROCEEDS OF TAX EX- ‘‘(8) RETURN TO STANDARD REPAYMENT.—A EMPT ISSUES. borrower who is repaying a loan made under graduate now has $17,000 in college (a) TECHNICAL CLARIFICATION.—The matter this part pursuant to income contingent re- debt. preceding paragraph (1) of section 2 of the payment may choose, at any time, to termi- Families across the country are dedi- Taxpayer-Teacher Protection Act of 2004 nate repayment pursuant to income contin- cating larger and larger portions of (Public Law 108–409; 118 Stat. 2299) is amend- gent repayment and repay such loan under their income to send their children to ed by inserting ‘‘of the Higher Education Act the standard repayment plan.’’. college. In Massachusetts, after taking of 1965’’ after ‘‘Section 438(b)(2)(B)’’. The SEC. 1018. INCOME PROTECTION ALLOWANCE the average financial aid package into amendment made by the preceding sentence FOR DEPENDENT STUDENTS. consideration, a family making the av- shall be effective as if enacted on October 30, (a) AMENDMENT.—Section 475(g)(2)(D) (20 2004. U.S.C. 1087oo(g)(2)(D)) is amended by strik- erage salary must contribute 31 per- (b) AMENDMENT.—Section 438(b)(2)(B) of the ing ‘‘$2,200’’ and inserting ‘‘$3,000’’. cent of their income to cover the costs Higher Education Act of 1965 (20 U.S.C. 1087– (b) EFFECTIVE DATE.—The amendment of sending one child to college for just 1(b)(2)(B)) is amended— made by paragraph (1) shall apply with re- one year. In some States, the percent- (1) in clause (iv), by striking ‘‘and before spect to determinations of need for periods of age is even higher. Families are strug- January 1, 2006,’’; and enrollment beginning on or after July 1, 2006. gling to pay for college and as a result (2) in clause (v)(II)— SEC. 1019. SIMPLIFIED NEED TEST AND AUTO- the doors of college are barred for too MATIC ZERO IMPROVEMENTS. (A) in item (aa), by striking ‘‘and before many students. January 1, 2006,’’; Section 479(c) of the Higher Education Act (B) in item (bb), by striking ‘‘and before of 1965 (20 U.S.C. 10877ss(c)) is amended— Congress can do more to ease the January 1, 2006,’’; and (1) in paragraph (1), by striking subpara- squeeze, and this bill is an important (C) in item (cc), by striking ‘‘and before graph (B) and inserting the following: step in the right direction. Many of us January 1, 2006,’’. ‘‘(B) the sum of the adjusted gross income would like to do more, and we are con- SEC. 1015. LOAN FEES FROM LENDERS. of the parents is less than or equal to $20,000; cerned that $7 billion in this bill will be (a) AMENDMENT.—Paragraph (2) of section or’’; dedicated to Reconciliation, which will 438(d)(2) (20 U.S.C. 1087–1(d)) is amended to (2) in paragraph (2), by striking subpara- be used to pay for tax cuts for the read as follows: graph (B) and inserting the following: wealthy. ‘‘(2) AMOUNT OF LOAN FEES.— ‘‘(B) the sum of the adjusted gross income of the student and spouse (if appropriate) is Nevertheless, the assistance in this ‘‘(A) IN GENERAL.—Except as provided in bill for students and for their families subparagraph (B), with respect to any loan less than or equal to $20,000.’’. made under this part for which the first dis- SEC. 1020. LOAN FORGIVENESS FOR TEACHERS. is substantial. It provides at least $5.5 bursement was made on or after October 1, Section 3(b)(3) of the Taxpayer-Teacher billion for additional grant aid to the 1993, the amount of the loan fee that shall be Protection Act of 2004 (20 U.S.C. 1078–10 note) students who need it the most. It im- deducted under paragraph (1) shall be equal is amended by striking ‘‘, and before October proves the existing student loan pro- to 0.50 percent of the principal amount of the 1, 2005’’. grams by making important changes to loan. Mr. KENNEDY. Mr. President, I rise create real competition between the ‘‘(B) CONSOLIDATION LOANS.—With respect today to join my chairman, Senator various programs and keeping the cost to any loan made under section 428C on or ENZI, in the introduction of a bill that of loans affordable. It also strengthens after April 1, 2006, the amount of the loan fee that shall be deducted under paragraph (1) will bring much needed relief to stu- the act’s graduate studies program, shall be equal to 1.0 percent of the principal dents and families struggling to pay for and expands access to loans and grant amount of the loan.’’. college. We plan to report out this bill aid for these students. (b) EFFECTIVE DATE.—The amendment from our Committee later this week. The bill also strengthens programs to made by subsection (a) shall apply with re- The assistance it contains can not prepare students to go to college and spect to any loan made, insured, or guaran- come soon enough. stay in college, such as GEAR UP and teed under part B of title IV of the Higher In today’s global economy, a college TRIO. We extend and improve pro- Education Act of 1965 (20 U.S.C. 1071 et seq.) degree is more valuable than ever. Stu- grams to support minorities, such as for which the first disbursement is made on or after April 1, 2006. dents and workers must have the skills the Hispanic Serving Institution Pro- they need to succeed. When I graduated gram, the Tribal College Program and SEC. 1016. ORIGINATION FEE. Section 455(c) of the Higher Education Act from high school, good jobs were avail- the Historically Black Colleges and of 1965 (20 U.S.C. 1087e(c)) is amended— able to high school graduates. Today, Universities Program. A new program (1) by striking ‘‘shall’’ and inserting ‘‘is that is not the case. More and more supports institutions serving large authorized to’’; and jobs—particularly jobs that can reason- numbers of Native American students.

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2005 CONGRESSIONAL RECORD — SENATE S9691 We are making small improvements Mr. DEWINE, Mr. DODD, Mrs. DOLE, Mr. bama in the relief, recovery, and rebuilding in getting qualified young people to DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. efforts. college, but we still have much to do to ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. f keep them enrolled and earn a degree. FEINSTEIN, Mr. GRAHAM, Mr. GRASSLEY, SENATE CONCURRENT RESOLU- The committee has made an effort to Mr. GREGG, Mr. HAGEL, Mr. HARKIN, TION 52—PROVIDING FOR THE address the retention issue by includ- Mr. HATCH, Mrs. HUTCHISON, Mr. USE OF THE CATAFALQUE SITU- ing programs to help students succeed INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. ATED IN THE CRYPT BENEATH in college. JEFFORDS, Mr. JOHNSON, Mr. KENNEDY, THE ROTUNDA OF THE CAPITOL We also continue our focus on teach- Mr. KERRY, Mr. KOHL, Mr. KYL, Mr. IN CONNECTION WITH MEMORIAL er preparation by strengthening part- LAUTENBERG, Mr. LEAHY, Mr. LEVIN, SERVICES TO BE CONDUCTED IN nerships with the K–12 systems who Mr. LIEBERMAN, Mrs. LINCOLN, Mr. THE SUPREME COURT BUILDING hire the teachers, and giving priority LUGAR, Mr. MARTINEZ, Mr. MCCAIN, Mr. FOR THE LATE HONORABLE WIL- to preparing teachers for shortage sub- MCCONNELL, Ms. MIKULSKI, Ms. MUR- LIAM H. REHNQUIST, CHIEF JUS- jects such as special education and KOWSKI, Mrs. MURRAY, Mr. NELSON of TICE OF THE UNITED STATES math and science. Florida, Mr. NELSON of Nebraska, Mr. Mr. FRIST (for himself, Mr. REID, As the bill recognizes, to help the Na- OBAMA, Mr. PRYOR, Mr. REED, Mr. ROB- Mr. LOTT, and Mr. DODD) submitted the tion compete in today’s global econ- ERTS, Mr. ROCKEFELLER, Mr. SALAZAR, following concurrent resolution; which omy, we must strengthen the teaching Mr. SANTORUM, Mr. SARBANES, Mr. was considered and agreed to: of math and science in schools and col- SCHUMER, Mr. SMITH, Ms. SNOWE, Mr. S. CON. RES. 52 leges. It is shameful that America is SPECTER, Ms. STABENOW, Mr. STEVENS, now ranked only 29th in the industrial Mr. SUNUNU, Mr. TALENT, Mr. THOMAS, Resolved by the Senate (the House of Rep- resentatives concurring), That the Architect world in math education, and that we Mr. THUNE, Mr. VOINOVICH, Mr. WAR- of the Capitol is authorized and directed to have fallen from third in the world to NER, and Mr. WYDEN) submitted the fol- transfer to the custody of the Supreme Court 15th in producing scientists and engi- lowing resolution; which was consid- of the United States the catafalque which is neers. ered and agreed to: situated in the crypt beneath the Rotunda of The bill provides strong incentives S. RES. 233 the Capitol so that such catafalque may be for math and science graduates to Whereas, on August 28, 2005, Hurricane used in the Supreme Court Building in con- teach for at least 5 years in the schools Katrina reached landfall devastating the nection with services to be conducted there that need them most. We also create a Gulf Coast states; for the late honorable William H. Rehnquist, new scholarship program for low in- Whereas there has yet to be a full account- Chief Justice of the United States. come students, pursuing careers in ing for all our citizens whose lives were trag- f math, science, technology and engi- ically lost; AUTHORITY FOR COMMITTEES TO neering, and high need foreign lan- Whereas the cost in human suffering is on- going for hundreds of thousands of people MEET guages. who have lost loved ones, homes, and liveli- COMMITTEE ON ENERGY AND NATURAL From our earliest days as a nation, hoods; RESOURCES education has been the engine of the Whereas immediate humanitarian aid is Mr. FRIST. Mr. President, I ask American dream, and we can’t let it still critically needed in many of the dev- unanimous consent that the Com- stall. A larger share of our population astated regions; mittee on Energy and Natural Re- needs to participate in postsecondary Whereas the devastation on the Gulf Coast of Mississippi, Louisiana, and Alabama is sources be authorized to meet during education. We looked at ways to ex- the session of the Senate on Tuesday, pand access to working adults through catastrophic; Whereas the City of New Orleans is trag- September 6 at 2:30 p.m. The purpose of modular and compressed coursework, ically flooded and the surrounding commu- this hearing is to receive testimony re- and to students with disabilities who nities of St. Bernard and Plaquemines par- garding oil and gasoline pricing. can benefit from taking courses rather ishes are devastated; The PRESIDING OFFICER. Without than taking standardized tests. Whereas every city on the Mississippi Gulf objection, it is so ordered. Our goal is to give all students and Coast is severely damaged or destroyed, in- f their parents the support they need to cluding Waveland, Bay St. Louis, Pass Chris- benefit from education and keep our tian, Long Beach, Gulfport, Biloxi, Ocean NOTIFICATION OF THE DEATH OF country strong in the years ahead. Springs, Moss Point, and Pascagoula; THE HONORABLE WILLIAM H. Whereas the States of Florida, Texas, and f REHNQUIST, CHIEF JUSTICE OF Georgia also sustained damage; THE UNITED STATES SUBMITTED RESOLUTIONS Whereas Coast Guard search and rescue teams, police, firefighters, the National The PRESIDING OFFICER. The Guard and many ordinary citizens have Chair lays before the Senate a commu- SENATE RESOLUTION 233—EX- risked their lives to save others; nication from the Associate Justice of Whereas doctors, nurses, and medical per- PRESSING THE CONDOLENCES OF the Supreme Court of the United sonnel worked expeditiously to ensure that States, the Honorable Antonin Scalia, THE NATION TO THE VICTIMS OF hospitals, medical centers, and triage units HURRICANE KATRINA, COM- provided needed care; notifying the Senate of the death of MENDING THE RESILIENCY OF Whereas the American Red Cross, the Sal- the Chief Justice of the United States, THE PEOPLE OF THE STATES OF vation Army, and other volunteer organiza- the late Honorable William H. LOUISIANA, MISSISSIPPI, AND tions and charities are supplying hurricane Rehnquist. ALABAMA, AND COMMITTING TO victims with food, water, and shelter; The message is as follows: STAND BY THEM IN THE RELIEF Whereas the State of Texas and numerous SUPREME COURT OF THE UNITED STATES, other states have welcomed tens of thou- AND RECOVERY EFFORTS Washington, DC, September 6, 2005. sands of victims from Louisiana and pro- Hon. RICHARD B. CHENEY, Mr. FRIST (for himself, Mr. REID, vided them with aid and comfort; President, U.S. Senate, Ms. LANDRIEU, Mr. VITTER, Mr. COCH- Whereas the Army Corps of Engineers has Washington, DC. RAN, Mr. LOTT, Mr. SHELBY, Mr. SES- worked to reinforce levees in Louisiana; and DEAR MR. PRESIDENT: This is to notify the Whereas thousands of volunteers and gov- SIONS, Mr. AKAKA, Mr. ALEXANDER, Mr. Senate, through you, that the Chief Justice ernment employees from across the Nation ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. of the United States died in Arlington, Vir- have committed time and resources to help ginia on Saturday, September 3, 2005. BAYH, Mr. BENNETT, Mr. BIDEN, Mr. with recovery efforts: Now, therefore, be it Very truly yours, BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. Resolved, That the Senate— ANTONIN SCALIA, BROWNBACK, Mr. BUNNING, Mr. BURNS, (1) expresses the condolences of the Nation Associate Justice. Mr. BURR, Mr. BYRD, Ms. CANTWELL, to the victims of Hurricane Katrina; (2) commends the resiliency and courage of f Mr. CARPER, Mr. CHAFEE, Mr. CHAM- the people of the States of Louisiana, Mis- BLISS, Mrs. CLINTON, Mr. COBURN, Mr. ADJOURNMENT UNTIL 10:30 A.M. sissippi, and Alabama; and TOMORROW COLEMAN, Ms. COLLINS, Mr. CONRAD, (3) commits to provide the necessary re- Mr. CORNYN, Mr. CORZINE, Mr. CRAIG, sources and to stand by the people of the The PRESIDING OFFICER. Under Mr. CRAPO, Mr. DAYTON, Mr. DEMINT, States of Louisiana, Mississippi, and Ala- the previous order, the Senate stands

VerDate Mar 15 2010 20:32 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06SE5.REC S06SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9692 CONGRESSIONAL RECORD — SENATE September 6, 2005 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be brigadier general adjourned until 10:30 a.m., tomorrow, TO THE TOGOLESE REPUBLIC. September 7, 2005. THOMAS A. SHANNON, JR., OF VIRGINIA, A CAREER COL. BLAKE E. WILLIAMS, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Thereupon, the Senate, at 6:24 p.m., MINISTER-COUNSELOR, TO BE AN ASSISTANT SEC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT adjourned until Wednesday, September RETARY OF STATE (WESTERN HEMISPHERE AFFAIRS), IN THE RESERVE OF THE ARMY TO THE GRADE INDI- 7, 2005, at 10:30 a.m. VICE ROGER FRANCISCO NORIEGA. CATED UNDER TITLE 10, U.S.C., SECTION 12203: DEPARTMENT OF JUSTICE To be brigadier general f THOMAS O. BARNETT, OF VIRGINIA, TO BE AN ASSIST- COL. JOHN E. CORNELIUS, 0000 NOMINATIONS ANT ATTORNEY GENERAL, VICE R. HEWITT PATE. THE FOLLOWING ARMY NATIONAL GUARD OF THE Executive nominations received by THE JUDICIARY UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER JAMES S. HALPERN, OF THE DISTRICT OF COLUMBIA, TITLE 10, U.S.C., SECTION 12203: the Senate September 6, 2005: TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR SUPREME COURT OF THE UNITED STATES A TERM OF FIFTEEN YEARS. (REAPPOINTMENT) To be brigadier general DEPARTMENT OF HOMELAND SECURITY JOHN G. ROBERTS, JR., OF MARYLAND, TO BE CHIEF COL. KENNY C. MONTOYA, 0000 JUSTICE OF THE UNITED STATES, VICE WILLIAM H. EMILIO T. GONZALEZ, OF FLORIDA, TO BE DIRECTOR OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REHNQUIST, DECEASED. THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERV- IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEPARTMENT OF AGRICULTURE ICES, DEPARTMENT OF HOMELAND SECURITY, VICE EDUARDO AGUIRRE, JR. UNDER TITLE 10, U.S.C., SECTION 624: JAMES M. ANDREW, OF GEORGIA, TO BE ADMINIS- DEPARTMENT OF VETERANS AFFAIRS To be brigadier general TRATOR, RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE, VICE HILDA GAY LEGG RESIGNED. JOHN M. MOLINO, OF VIRGINIA, TO BE AN ASSISTANT COLONEL DANIEL B. ALLYN, 0000 SECRETARY OF VETERANS AFFAIRS (POLICY AND PLAN- COLONEL JAMES C. BOOZER, SR., 0000 DEPARTMENT OF DEFENSE NING), VICE CLAUDE M. KICKLIGHTER, RESIGNED. COLONEL RONALD M. BOUCHARD, 0000 MICHAEL W. WYNNE, OF FLORIDA, TO BE SECRETARY LISETTE M. MONDELLO, OF TEXAS, TO BE AN ASSIST- COLONEL MARK S. BOWMAN, 0000 OF THE AIR FORCE, VICE JAMES G. ROCHE. ANT SECRETARY OF VETERANS AFFAIRS (PUBLIC AND COLONEL THOMAS M. COLE, 0000 DONALD C. WINTER, OF VIRGINIA, TO BE SECRETARY INTERGOVERNMENTAL AFFAIRS), VICE CYNTHIA R. COLONEL JESSE R. CROSS, 0000 OF THE NAVY, VICE GORDON ENGLAND. CHURCH, RESIGNED. COLONEL KENNETH S. DOWD, 0000 DELORES M. ETTER, OF MARYLAND, TO BE AN ASSIST- GEORGE J. OPFER, OF VIRGINIA, TO BE INSPECTOR COLONEL MICHAEL T. FLYNN, 0000 ANT SECRETARY OF THE NAVY, VICE JOHN J. YOUNG. GENERAL, DEPARTMENT OF VETERANS AFFAIRS, VICE COLONEL WILLIAM H. FORRESTER, JR., 0000 RICHARD J. GRIFFIN. COLONEL WILLIAM B. GARRETT III, 0000 DEPARTMENT OF HOUSING AND URBAN COLONEL JAMES L. HODGE, 0000 IN THE COAST GUARD DEVELOPMENT COLONEL ANTHONY R. IERARDI, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOHN D. JOHNSON, 0000 ORLANDO J. CABRERA, OF FLORIDA, TO BE AN ASSIST- IN THE UNITED STATES COAST GUARD RESERVE TO THE COLONEL GREGG F. MARTIN, 0000 ANT SECRETARY OF HOUSING AND URBAN DEVELOP- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL WILLIAM C. MAYVILLE, JR., 0000 MENT, VICE MICHAEL MINORU FAWN LIU, RESIGNED. COLONEL JAMES M. MCDONALD, 0000 To be rear admiral (lower half) COLONEL PATRICIA E. MCQUISTION, 0000 DEPARTMENT OF ENERGY CAPT. MICHAEL R. SEWARD, 0000 COLONEL JOHN W. PEABODY, 0000 JEFFREY D. JARRETT, OF PENNSYLVANIA, TO BE AN COLONEL DAVID G. PERKINS, 0000 ASSISTANT SECRETARY OF ENERGY (FOSSIL ENERGY), IN THE AIR FORCE COLONEL DANA J. H. PITTARD, 0000 COLONEL JOE E. RAMIREZ, JR., 0000 VICE MICHAEL SMITH, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES E. ROGERS, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DEPARTMENT OF COMMERCE COLONEL MICHAEL E. ROUNDS, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL FREDERICK S. RUDESHEIM, 0000 SANTANU K. BARUAH, OF OREGON, TO BE ASSISTANT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL TODD T. SEMONITE, 0000 SECRETARY OF COMMERCE FOR ECONOMIC DEVELOP- 601: COLONEL JOHN E. SEWARD, 0000 MENT, VICE DAVID A. SAMPSON. To be lieutenant general COLONEL ROBIN P. SWAN, 0000 ENVIRONMENTAL PROTECTION AGENCY COLONEL ANTHONY J. TATA, 0000 MAJ. GEN. DOUGLAS M. FRASER, 0000 COLONEL KEVIN R. WENDEL, 0000 LYONS GRAY, OF NORTH CAROLINA, TO BE CHIEF FI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL WILLIAM T. WOLF, 0000 NANCIAL OFFICER, ENVIRONMENTAL PROTECTION IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL TERRY A. WOLFF, 0000 AGENCY, VICE CHARLES JOHNSON. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE AIR FORCE DEPARTMENT OF THE TREASURY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLAY LOWERY, OF VIRGINIA, TO BE A DEPUTY UNDER To be lieutenant general TO THE GRADE INDICATED IN THE UNITED STATES AIR SECRETARY OF THE TREASURY, VICE RANDAL QUARLES. FORCE AND AS PERMANENT PROFESSOR, UNITED SOCIAL SECURITY ADMINISTRATION LT. GEN. JOHN F. REGNI, 0000 STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C, SECTIONS 9333(B) AND 9336(A): THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN E. MAUPIN, JR., OF TENNESSEE, TO BE A MEMBER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be colonel OF THE SOCIAL SECURITY ADVISORY BOARD FOR A CATED IN ACCORDANCE WITH ARTICLE II, SECTION 2, TERM EXPIRING SEPTEMBER 30, 2010, VICE GERALD M. CLAUSE 2, OF THE CONSTITUTION: GARY A. PACKARD, JR., 0000 SHEA, TERM EXPIRED. To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF STATE TO THE GRADE INDICATED IN THE UNITED STATES AIR COL. RICHARD J. TUBB, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELLEN R. SAUERBREY, OF MARYLAND, TO BE AN AS- SISTANT SECRETARY OF STATE (POPULATION, REFU- IN THE ARMY To be lieutenant colonel GEES, AND MIGRATION), VICE ARTHUR E. DEWEY, RE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIGNED. STACEY T. KNUTZEN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED JONATHAN R. SPECHT, 0000 UNITED STATES AGENCY FOR INTERNATIONAL WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEVELOPMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be general TO THE GRADE INDICATED IN THE UNITED STATES AIR JACQUELINE ELLEN SCHAFER, OF THE DISTRICT OF CO- FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE LUMBIA, TO BE AN ASSISTANT ADMINISTRATOR OF THE GEN. BURWELL B. BELL III, 0000 10, U.S.C., SECTIONS 624 AND 531: UNITED STATES AGENCY FOR INTERNATIONAL DEVEL- OPMENT, VICE EMMY B. SIMMONS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major IN THE UNITED STATES ARMY TO THE GRADE INDICATED BROADCASTING BOARD OF GOVERNORS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DONALD E. RECKART, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK MCKINNON, OF TEXAS, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- To be lieutenant general f PIRING AUGUST 13, 2008, VICE JOAQUIN F. BLAYA, TERM MAJ. GEN. ANNE E. DUNWOODY, 0000 EXPIRED. DEPARTMENT OF STATE THE FOLLOWING ARMY NATIONAL GUARD OF THE WITHDRAWAL UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRENDA LAGRANGE JOHNSON, OF NEW YORK, TO BE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER Executive Message transmitted by TITLE 10, U.S.C., SECTION 12203: AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY the President to the Senate on Sep- OF THE UNITED STATES OF AMERICA TO JAMAICA. To be major general ALEXANDER R. VERSHBOW, OF THE DISTRICT OF CO- tember 6, 2005 withdrawing from fur- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN BRIG. GEN. WILLIAM T. NESBITT, 0000 SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- ther Senate consideration the fol- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT lowing nomination: THE UNITED STATES OF AMERICA TO THE REPUBLIC OF IN THE RESERVE OF THE ARMY TO THE GRADES INDI- KOREA. CATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN G. ROBERTS, JR., OF MARYLAND, TO BE AN ASSO- DAVID B. DUNN, OF CALIFORNIA, A CAREER MEMBER To be major general CIATE JUSTICE OF THE SUPREME COURT OF THE UNITED OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- STATES, WHICH WAS SENT TO THE SENATE ON JULY 29, COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIG. GEN. JAMES P. EGGLETON, 0000 2005.

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IN HONOR OF THE CITY OF The Crispin Air Valve, for the first time ever, West Point. After serving in field artillery, he NORTHVILLE, MI allowed the release of air build-up in water went on to earn a masters in International Af- pipes without leaks or interruption of water fairs from Columbia University in 1985. Colo- HON. THADDEUS G. McCOTTER flow in the line. nel Simone served as assistant professor of OF MICHIGAN Since its inception, Crispin has served cus- Soviet Studies at West Point, completed a IN THE HOUSE OF REPRESENTATIVES tomers the world over. Still located on its origi- masters in Political Science at Columbia Uni- Tuesday, September 6, 2005 nal manufacturing site, Crispin today is a versity, and also earned a Certificate of Ad- modem, professional company deeply rooted vanced Training in Soviet Studies from the Mr. MCCOTTER. Mr. Speaker, I rise today in the traditional values of its early beginnings. Averell Harriman Institute. Finally, he attended in tribute to the City of Northville, MI, which is No other company in the world has manu- the Armed Forces Staff College, the U.S. celebrating its 50th anniversary. factured air valves longer than Crispin and no Army Russian Institute, and completed the De- Located on the western fringe of the Detroit other company in the air valve market has the fense Attache´ Course. metropolitan area, the city of Northville was in- experience that Crispin has. Then Colonel Simone became a diplomat. corporated as a village in 1867 and as a city Crispin products are used in both hemi- From 1993 to 1995, he served as the Assist- in 1955. The area was a small industry-trade spheres and in almost every country in the ant Army Attache´ in Embassy Moscow. Colo- center in the early 1800s when farming and world. The breadth of their international expe- nel Simone then moved to Vienna as the As- lumbering were the main occupations. rience allows them to understand and provide sistant Joint Staff Representative to the U.S. Today, Northville is home for approximately the flexibility that international customers re- Delegation to the Organization for Security 6,500 residents and supports one of the finest quire. and Cooperation in Europe. In 1998, he re- school districts in the State of Michigan. Focusing primarily on the municipal water turned to Moscow as the Army Attache´. Then Known for its rolling hills and attractive coun- industries, Crispin products are also used ex- from August 2000 until May 2003, he com- tryside, Northville has retained its small-town tensively by industrial, mining, chemical, en- manded the European Operations Division of appeal with stately Victorian-era architecture in ergy and processing companies. the Defense Threat Reduction Agency’s On- its Historic District and a ‘‘walk to’’ downtown Crispin’s customers include some of the Site Inspection Directorate in Darmstadt, Ger- area, which boasts of old-fashioned street world’s top corporations including Phillips Pe- many. On June 4, 2003, Colonel Simone be- lamps, galleries, and specialty shops and in- troleum, Walt Disney, Anheuser Busch, Bech- came the Commandant of the Defense Lan- cludes the historic Marquis Theater, which has tel, International Paper and Black and Veatch. guage Institute. And the rest, as they say, is served the families of the community for more Their municipal client index includes cus- history. than 80 years. The theater’s marquee has tomers from major metropolitan areas as well Finally, Mr. Speaker, I wish to close with a been in operation since 1925, and at one time as small town water systems. They include short personal anecdote. One of the greatest it was one of only 26 working marquees in the Denver, CO; Los Angeles, CA; Tampa, FL; pleasures as a Member of Congress is to United States. Today’s performers sing, New York City, Dallas, TX, and thousands of nominate the brightest high school graduates dance, and act on the same stage as leg- others. of our districts to the service academies. endary stars Woody Herman, The Mr. Speaker, please join me in congratu- Every year, I host a small reception for the Harmonicats, The Four Freshmen, and Count lating Crispin Valves and its president, Mr. nominees and their families just before the Basie. Darren Crispin, for representing the finest students leave for their first academy year. The city has grown and prospered since the qualities of the American entrepreneurial spirit. This year, I asked Colonel Simone to host this first city council meeting on December 19, Their family heritage and community-minded- reception. Not only did he and his wonderful 1955. Citizens of Northville are fortunate to ness has resulted in a successful company wife Jan open their home, but they made sure, have had strong leadership from its first that has employed many people in north- more importantly, that every room was full of Mayor; Claude Ely, to the current Mayor, eastern Pennsylvania for over a century. serving junior officers, academy graduates all, Christopher Johnson. Citizen involvement in- who could offer the students advice and sup- sures Northville continues to be a vibrant com- f port as they began their great journey. This munity in which to live, work, and raise a fam- IN HONOR OF COLONEL MICHAEL happy evening gave me a first-hand look at ily. R. SIMONE Colonel Simone’s all-consuming dedication to Mr. Speaker, I ask my colleagues to join me training soldiers. in congratulating the people of Northville as Mr. Speaker, it is my pleasure to applaud they celebrate their historic past. It is my hope HON. SAM FARR Col. Michael R. Simone, a person who has this fine community will enjoy a long and pros- OF CALIFORNIA served his country with great distinction for so perous future. IN THE HOUSE OF REPRESENTATIVES many years. I join with all his friends and fam- Tuesday, September 6, 2005 f ily in honoring this talented man and his many CONGRATULATING CRISPIN Mr. FARR. Mr. Speaker, I rise today to achievements. VALVES OF BERWICK, PA, ON honor a tremendous public servant. Col. Mi- f THE OCCASION OF THE COM- chael R. Simone, United States Army, recently PANY’S 100TH ANNIVERSARY retired after 30 years of uniformed service to HONORING THE CITY OF NEWARK, our Nation. I know him both as a friend and CA’S 50TH ANNIVERSARY HON. PAUL E. KANJORSKI as the Commandant of the Defense Language Institute located in my Central California Dis- OF PENNSYLVANIA HON. FORTNEY PETE STARK trict. DLI is the premier language training insti- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tution in the world, instructing U.S. troops in IN THE HOUSE OF REPRESENTATIVES Tuesday, September 6, 2005 any language required to meet national secu- Mr. KANJORSKI. Mr. Speaker, I rise today rity demands. I can think of no other single Tuesday, September 6, 2005 to ask you and my esteemed colleagues in the training officer in the U.S. military other than Mr. STARK. Mr. Speaker, I rise today to pay House of Representatives to pay tribute to Colonel Simone who has done more to di- tribute to the city of Newark, CA as it cele- Crispin Valves, of Berick, PA, which is cele- rectly prepare our service men and women to brates its 50th year of incorporation. The city brating its 100th anniversary. meet the challenges we face in Iraq, Afghani- will celebrate this milestone anniversary during Begun in 1905 on the foundation of the pat- stan, North Korea, and in the broader struggle its annual Newark Days event on September ents granted to Clarence Crispin for his design against international terrorism. 22–25, 2005. This year’s Newark Days cele- of the Air Valve, Crispin is a fourth generation In 1975, Colonel Simone earned a bachelor bration will fall on the anniversary of the city’s family business employing 70 people. of science at the U.S. Military Academy at incorporation in 1955.

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

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.001 E06SEPT1 E1750 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 The slogan for this year’s Newark Days is College of Naval Command and Staff, Naval principal advisor to the Commandant of the ‘‘People, Pride and Progress.’’ Newark Mayor War College (1981), and Air War College Marine Corps on all decisions of major con- Dave Smith describes this slogan as an accu- (1988). sequence. His extensive and diverse back- rate representation of the involvement of the After being assigned to VMFA–531, General ground in operational and joint planning, pro- city’s community. In a recent article in the Tri- Nyland was ordered to Vietnam where he flew fessional military education and training, and City Voice, a local paper serving the cities of 122 combat missions with VMFA–314 and budgetary and programmatic policy issues Fremont, Newark and Union City, the Mayor VMFA–115. General Nyland’s other tours in- have been given wide credibility by decision describes ‘‘rampant volunteerism’’ in the city; cluded Instructor RIO, VMFAT–101; Squadron makers in the Department of the Navy, the everything from Newark Days, a non-profit or- Assistant Operations Officer and Operations Joint Staff, the Office of the Secretary of De- ganization, to feeding the poor through an or- Officer, VMFA–115; and Brigade FORSTAT fense, and the United States Congress. ganization like the Viola Blythe Center or the and Electronic Warfare Officer, 1st Marine Bri- General Nyland has made a lasting con- just concluded Ash Street Park summer pro- gade. He also served as Operations Officer tribution to the capabilities of today’s Marine gram run by Friends of Ash Street Community and Director of Safety and Standardization, Corps and the future shape of tomorrow’s Enrichment or the League of Volunteers New- VMFA–212; Aviation Safety Officer and Con- Corps. We are grateful for General Nyland’s ark, which provides many services to the city. gressional Liaison/Budget Officer, Head- dedication, sense of duty, advice and counsel. During a recent interview in the Tri-City quarters, U.S. Marine Corps, Washington, DC; The Marine Corps will miss him, but General Voice, Mayor Smith proudly stated: the people and Operations Officer, Marine Aircraft Group– Nyland leaves a tremendous legacy for others of Newark always rise to the occasion to give 24, 1st Marine Amphibious Brigade. He com- to follow and emulate. I wish General Nyland of themselves to the community. This makes manded VMFA–232, the Marine Corps’ oldest and his lovely wife, Brenda, daughters, Brandy it a special place. Why do they do it? It’s be- and most decorated fighter squadron, from and Leslie, and son, Matthew, congratulations cause they take pride in their community. July 1985 to July 1987. and all best wishes as they enter this new There is a tremendous community pride in General Nyland subsequently served as chapter of their lives. Newark. section chief for the Central Command sec- From humble beginnings as a total bedroom tion, European Command/Central Command community, the city developed a long-term vi- Branch, Joint Operations Division, Directorate f sion and a strategic focus to insure its pros- of Operations (J–3), Joint Staff, Washington, IN HONOR OF THE ARC OF perity and economic independence. Thoughtful DC. In July 1990, he assumed command of WESTERN WAYNE COUNTY, MI planning of residential and commercial devel- Marine Aviation Training Support Group opment, careful renovation, community in- (MATSG), Pensacola. Following his command volvement, as well as the exemplary delivery of MATSG he assumed duties as Chief of of services has resulted in the city’s fiscal and Staff, 2nd Marine Aircraft Wing on July 5, HON. THADDEUS G. McCOTTER social wellness. 1992, and assumed additional duties as As- OF MICHIGAN I join in expressing heartiest congratulations sistant Wing Commander on November 10, IN THE HOUSE OF REPRESENTATIVES to the city of Newark, its elected leadership, 1992. He was promoted to Brigadier General administrators, and residents on the 50th anni- on September 1, 1994 and was assigned as Tuesday, September 6, 2005 versary to Newark’s’ incorporation. I am con- Assistant Wing Commander, 2nd MAW serv- fident Newark will continue to thrive. Happy ing in that billet until December 1, 1995. Mr. MCCOTTER. Mr. Speaker, I rise today birthday and best wishes for continued suc- He served next on the Joint Staff, J–8, as to acknowledge and honor the Arc of Western cess. the Deputy Director for Force Structure and Wayne County, MI, which is celebrating 50 years of commitment to reducing the inci- f Resources, completing that tour on June 30, 1997. General Nyland was advanced to Major dence, and limiting the consequences of, men- CONGRATULATING GENERAL WIL- General on July 2, 1997, and assumed duties tal retardation and other developmental dis- LIAM L. ‘‘SPIDER’’ NYLAND ON as the Deputy Commanding General, II Marine abilities. THE OCCASION OF HIS RETIRE- Expeditionary Force, Camp Lejeune, N.C. He In the 1950’s there were very few edu- MENT FROM THE MARINE CORPS served next as the Commanding General, 2d cational, employment or recreational opportu- AFTER 37 YEARS OF SERVICE Marine Aircraft Wing, MCAS Cherry Point, nities available for people with mental retarda- North Carolina from July 1998 to June 2000. tion living in southwestern Wayne County, and HON. JEFF MILLER He was advanced to Lieutenant General on 30 families were commonly encouraged to institu- OF FLORIDA June 2000 and assumed duties as the Deputy tionalize their children. Small groups of par- IN THE HOUSE OF REPRESENTATIVES Commandant for Programs and Resources, ents chose to seek alternative solutions for Headquarters, U.S. Marine Corps. He next Tuesday, September 6, 2005 their children and began to band together with served as the Deputy Commandant for Avia- a common goal and commitment to promote Mr. MILLER of Florida. Mr. Speaker, today tion on 3 August 2001. He was advanced to the general welfare of people with mental re- I recognize and pay tribute to General William the grade of General on September 4,2002 tardation and other developmental disabilities. L. ‘‘Spider’’ Nyland, United States Marine and assumed his current duties shortly there- In 1954 this group of parents founded the Arc Corps, on the occasion of his retirement from after. of Western Wayne County. active duty. General Nyland has served our General Nyland’s personal decorations in- great Nation for more than 37 years. The de- clude: Defense Distinguished Service Medal, Today, with a membership of 140 families, parture of General Nyland marks not only the Legion of Merit, Defense Meritorious Service the Arc of Western Wayne County works to end of an illustrious career replete with many Medal, Meritorious Service Medal, the Air create opportunities for people with disabilities honors, it also marks the beginning of several Medal with eight Strike/Flight awards, and to gain assertiveness and community living initiatives which, by virtue of his strategic vi- Joint Service Commendation Medal. skills. The organization and its members help sion, dynamic leadership and accomplished Throughout his career as a United States to shape public policy and advocate for people diplomatic skills, will ensure that U.S. national Marine, General Nyland has demonstrated un- who have traditionally been excluded from so- strategy is prepared to meet the challenges of compromising character, discerning wisdom, ciety by monitoring, supporting and creating the 21st century. and a sincere, selfless sense of duty to his progressive community programs. General Nyland was commissioned a sec- Marines and members of other services as- Mr. Speaker, for 50 years the Arc of West- ond lieutenant in the Marine Corps under the signed to his numerous joint commands. His ern Wayne County has been committed to NROTC program upon graduation from the powerful leadership inspired the Marines to guaranteeing, for all people with develop- University of New Mexico in 1968. In addition tremendous success no matter the task, and mental disabilities, the opportunity to choose to attaining a M.S. degree from the University achieved results which will assure the United where they live, learn, work and play. I hope of Southern California, his formal military edu- States’ security in this hemisphere and over- my colleagues will join me in honoring the Arc cation includes The Basic School (1968), seas. of Western Wayne County, and the many men Naval Aviation Flight Training (NFO) (1969), General Nyland concludes his illustrious ca- and women who contribute their time and en- Amphibious Warfare School (1975), Navy reer as the Assistant Commandant of the Ma- ergy and make a positive impact on our com- Fighter Weapons School (TopGun) (1977), rine Corps. In this capacity, he has been the munities.

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.004 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1751 CONFERENCE REPORT ON H.R. 2361, PAYING TRIBUTE TO STAFF SER- For more than a century, the company has DEPARTMENT OF THE INTERIOR, GEANT CHRISTOPHER M. endured and overcome numerous challenges ENVIRONMENT, AND RELATED FALKEL including floods, fires and the rapidly changing AGENCIES APPROPRIATIONS business environment. After World War II, the ACT, 2006 HON. THOMAS G. TANCREDO company received the Army/Navy ‘‘E’’ award OF COLORADO for excellence in recognition of its production SPEECH OF IN THE HOUSE OF REPRESENTATIVES of high quality materials for the war effort. Magee Rieter records annual sales in ex- HON. DAVID SCOTT Tuesday, September 6, 2005 cess of $175 million and has an annual payroll Mr. TANCREDO. Mr. Speaker, I rise today of more than $37 million that provides its em- OF GEORGIA to pay tribute to a fallen soldier from High- ployees with family sustaining incomes that IN THE HOUSE OF REPRESENTATIVES lands Ranch, SSG Christopher M. Falkel. Staff average about $39,000 annually. Overall, Thursday, July 28, 2005 Sergeant Falkel died during combat operations Magee Rieter is responsible for a $168 million in Deh Afghan, Afghanistan. He was just 22 annual impact to the local economy. Mr. SCOTT of Georgia. Mr. Speaker, as a years old. The current employees of Magee Rieter are strong supporter of our Nation’s veterans, I Chris was a member of the elite Green Be- carrying on traditions of pride and success support the additional $1.5 billion provided in rets, and was affectionately known by his col- handed down by their parents, grandparents the FY 2006 Interior Appropriations bill that leagues as ‘‘little brother.’’ He was well known and great grandparents who worked at this re- addresses the current shortfall in funding for by his peers for his principle, toughness, patri- markable company. veterans’ health care. These funds are ur- otism, love of country and his bravery. Under the leadership of president and chief gently needed to care for troops returning from Staff Sergeant Falkel was a 2001 graduate executive officer Mike Katerman, Magee Iraq and Afghanistan, as well as the heroes of Thunder Ridge High School in Colorado. He Rieter continues to be a cornerstone of the from former conflicts who rely upon the VA for enlisted that October with the goal of serving Bloomsburg community. their health care. According to the Department his country in the Special Forces. After com- Mr. Speaker, please join me in congratu- of Veterans Affairs, VA, currently, there are pleting courses in Arabic language and sur- lating Magee Rieter for demonstrating superior 24.8 million veterans of the U.S. armed serv- vival, evasion, resistance and escape he performance and for serving as a shining ex- ices. They served their country in one of the began Special Forces training in 2002. ample for other businesses to emulate. military branches—Army, Navy, Air Force, Ma- Ultimately, Christopher was assigned to the f rine Corps, and Coast Guard—or in one of 1st Special Warfare Training group, where he many smaller groups that supported the mili- served his country with honor and distinction, IN RECOGNITION OF THE WHITE tary services, primarily during World War II. earning—among other awards and medals— LAKE TOWNSHIP LIBRARY ON ITS 30TH ANNIVERSARY Approximately 769,000 veterans live in the Purple Heart and the Bronze Star. Georgia serving in every major conflict and Mr. Speaker, my deepest sympathies and during peacetime. About a quarter of the na- heartfelt condolences go out to friends and HON. THADDEUS G. McCOTTER tion’s population, approximately 70 million family of Staff Sergeant Falkel. OF MICHIGAN people, are potentially eligible for VA benefits Christopher served his country with bravery IN THE HOUSE OF REPRESENTATIVES and services because they are veterans, fam- and distinction, fighting against the forces of Tuesday, September 6, 2005 ily members or survivors of veterans. The ben- tyranny and oppression. He will be missed by Mr. MCCOTTER. Mr. Speaker, I rise today efits include: medical care, payments to com- all who knew and loved him. to acknowledge and honor the White Lake pensate for disabilities suffered during military All Americans owe Christopher and his fam- Township Library, which is celebrating 30 service, rehabilitation and employment assist- ily a great debt of gratitude. We honor his years of service to the White Lake, MI, com- ance, pensions to low-income disabled vet- service and his sacrifice. munity. erans, guarantees on loans to help veterans f On April 5, 1975, a resolution was adopted buy homes, financial aid to help them attend CONGRATULATING MAGEE RIETER at the Annual Meeting of the Electors of White school, burial in a national cemetery and spe- AUTOMOTIVE SYSTEMS OF Lake Township, establishing ‘‘a free public li- cial headstones or markers for their BLOOMSBURG, PENNSYLVANIA brary in accordance with Act 164, P.A. 1877.’’ gravesites. ON BEING NAMED SUPPLIER OF The six-member Provisional Library Board was Slightly less than half of all Americans who THE YEAR TO GENERAL MOTORS appointed on May 20, 1975 and the first per- ever served during wartime in our country’s FOR THE 13TH CONSECUTIVE manent board was named shortly after. The history are alive today, and nearly 80 percent YEAR Library Board is composed of non-partisan of today’s veterans served during a war or an elected officials who serve 4-year terms. official period of conflict. There are widows Library service was originally provided and children of veterans of the Civil War and HON. PAUL E. KANJORSKI OF PENNSYLVANIA through a contract with the Waterford Town- the Indian War of the last century who still re- IN THE HOUSE OF REPRESENTATIVES ship library. In 1980, White Lake Township’s ceive VA benefits. The largest group of vet- voters provided permanent support for the li- erans fought in World War II. Approximately Tuesday, September 6, 2005 brary by approving a perpetual operating 550,000 Georgia veterans served during war- Mr. KANJORSKI. Mr. Speaker, I rise today millage of 0.3 mils in property taxes. In 1998, time during either World War II, the Korean to ask you and my esteemed colleagues in the voters approved 0.5 mils for 8 years to add, conflict, during the Vietnam era or during the House of Representatives to pay tribute to maintain and improve library service. Gulf War. These veterans deserve our support Magee Rieter Automotive Systems of The library has been housed in several lo- especially due to the extraordinary sacrifices Bloomsburg, Pennsylvania, on the occasion of cations around the township including the and contributions that they have made so that their being named worldwide ‘‘Supplier of the White Lake Community Hall and Brooks peace and freedom could exist around the Year’’ to General Motors for the 13th consecu- School. The core of the current building was world. tive year. built in 1984–1985, using local funds and a Li- I also encourage Congress to provide much Of GMs 30,000 suppliers, Magee Rieter brary Services and Construction Act grant. needed additional funding for veterans’ health Automotive Systems is the only company in The library was extensively remodeled and ex- care in FY 2006 so that the VA’s resources North America to achieve this remarkable panded in 2001 and now contains approxi- are sufficient to meet the increased demand record, a fact that should make its nearly 800 mately 10,000 square feet and over 50,000 li- for its services from our Nation’s veterans and employees exceedingly proud. brary items. Use figures have doubled in 5 their families. It is critical that at all times, but Magee Rieter is the leading supplier of car- years as the number of registered borrowers particularly during a time of war, the quality of pets to General Motors in America. The com- has grown to over 10,000 individuals. Long- care for veterans must be a clear and unmis- pany has been in business in Bloomsburg range plans call for additional library space takable priority. We must fulfill our commit- since 1889 and has been supplying General and expanded print, electronic and staff re- ment to those who helped build America’s Motors for more than 90 years, first with hand sources to meet the information and cultural strength and security. Our veterans should not draped tapestries for Fisher Body carriages needs of a rapidly growing township. have to wait any longer for the benefits they and, today, with fully molded carpet floors and Mr. Speaker, for over 30 years the citizens deserve. integrated acoustical systems. of White Lake Township, MI, have continued

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.008 E06SEPT1 E1752 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 to support the White Lake Township Library. I Don has worked tirelessly to promote the de- hicles. I call on California to study the issue hope my colleagues will join me in thanking velopment of the Waterway, exploring eco- carefully, so that only HOV lanes that can the citizens of White Lake Township, Library nomic and trade opportunities, and addressing handle the increase in traffic be eligible for hy- Board members and employees of the library potential barriers to the Waterway’s beneficial brid vehicles. for their outstanding service to the people of use. Under Don’s leadership the Waterway Again, I thank the chairman and ranking Michigan, and wish them well in the next 30 has resulted in approximately $5 billion in ex- member for their leadership. years. panded industry. The Waterway has had a tre- f f mendous impact on the local communities, not TRIBUTE TO LIEUTENANT COLO- just with industrial development, but by bring- HONORING MR. DONALD G. NEL LARNELL EXUM ON HIS RE- ing in recreation and tourism dollars as well. TIREMENT WALDON Apart from his leadership of the Tenn-Tom Waterway Authority, Don is active in a variety HON. ROBERT B. ADERHOLT of organizations devoted to the development HON. JOHN J. DUNCAN, JR. OF TENNESSEE OF ALABAMA of our waterways. He is President of the Ten- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES nessee-Tombigbee Waterway Development Tuesday, September 6, 2005 Tuesday, September 6, 2005 Council, Vice-Chairman of the National Water- ways Conference, Inc., Director of the Inland Mr. DUNCAN. Mr. Speaker, I rise today to Mr. ADERHOLT. Mr. Speaker, today I rise Rivers, Ports and Terminals, Inc. (a national recognize and pay tribute to LTC Larnell to honor Mr. Donald G. Waldon on the occa- trade group representing inland ports), Execu- Exum, Deputy Chief, Army House Liaison Divi- sion of his retirement as the Administrator of tive Committee member of the U.S. Maritime sion, Office of the Chief of Legislative Liaison, the Tennessee-Tombigbee Waterway Devel- Administration’s Heartland Intermodal Partner- who retired September 1. Lieutenant Colonel opment Authority. I am honored to stand be- ship, Vice-President of the Alabama- Exum’s illustrious career as an infantry officer fore this body of Congress and this Nation to Tombigbee Rivers Coalition and an Advisory embodies all of the Army’s values of loyalty, recognize his many accomplishments. He is Board Member of the Mississippi Water Re- duty, respect, selfless service, honor, integrity, truly a man who embodies the American prin- sources Research Institute. and personal courage and spans 20 years, ciples of hard work, dedication to one’s family Mr. Speaker, it is a great privilege to honor during which he has distinguished himself as and service to one’s community. Donald G. Waldon for his many accomplish- a soldier, leader, and friend of the United Don is a native of Columbus, Mississippi but ments and his enduring impact on his country, States House of Representatives. grew up in Mobile, Alabama. He graduated community, friends and family. He is a man of Lieutenant Colonel Exum demonstrated his from Mississippi State University in 1961 with great dignity and character who takes pride in outstanding tactical and operational expertise a Bachelor’s Degree in Civil Engineering and the accomplishments of those he has helped in numerous command and staff positions completed post graduate studies in science over the years. Don is an inspiring role model overseas and in the continental United States. and engineering at the Massachusetts Institute for all of us and I join his friends and col- Continually serving in positions of ever-in- of Technology in 1963 and Texas A&M in leagues in wishing him God’s richest blessings creasing responsibility, the highlights of his ca- 1964. He is a 1994 graduate of the University in his retirement. reer include serving as a Company Com- of Oklahoma’s Economic Development Insti- f mander with the 101st Airborne Division, Air tute and the recipient of the Southern Indus- Assault, at both Fort Campbell, KY, and in trial Development Council’s 1994 Robert B. PROVIDING FOR CONSIDERATION combat in Kuwait and Iraq during Operations Cassell Award for Best Research Thesis. OF CONFERENCE REPORT ON Desert Shield and Desert Storm and then as Don joined the Army Corps of Engineers in H.R. 3, SAFE, ACCOUNTABLE, Aide-de-Camp to the Undersecretary of the 1961, where he worked in Mobile until 1966, FLEXIBLE, EFFICIENT TRANS- Army. conducting feasibility studies for water re- PORTATION EQUITY ACT: A LEG- As the Deputy Chief of the Legislative Liai- source projects such as ports and waterways, ACY FOR USERS son in the House Liaison Division, his last as- including some early ideas for the Tenn-Tom signment in the United States Army, Lieuten- SPEECH OF Waterway. In 1966 he went to work for the Of- ant Colonel Exum demonstrated the out- fice of Management and Budget of the Execu- HON. BRAD SHERMAN standing dedication and leadership skills that tive Office of the President where he advised OF CALIFORNIA have characterized his distinguished career. In OMB and White House officials, including the IN THE HOUSE OF REPRESENTATIVES particular, he excelled at building relationships President, on major budgetary, policy and leg- Friday, July 29, 2005 with Members of Congress and their staffs. islative matters involving natural resources. He escorted over 45 worldwide fact-finding Don worked for OMB until 1974 when he Mr. SHERMAN. Mr. Speaker, I thank Chair- missions for congressional delegations, trav- was appointed as Deputy Assistant Secretary man YOUNG and Ranking Member OBERSTAR eling with over 135 Members to 25 countries. for the U.S. Department of the Interior, a posi- for their leadership in bringing SAFETEA–LU These ventures served to educate Members tion he held until September, 1975. His duties to the floor. It is an important bill that will help on subjects as diverse as the global war on included management responsibilities for all ease congestion throughout the country. terror, Army transformation, magnetic levitation land and water resource agencies within the In particular, I applaud their efforts regarding trains, and future transportation technologies. Department of the Interior, which at the time hybrid vehicles in High Occupancy Vehicle I traveled with Lieutenant Colonel Exum on had a budget of nearly $2 billion and approxi- lanes. Allowing hybrids in HOV lanes will in- several times and was thoroughly impressed mately 12,000 employees. He had oversight crease demand for the vehicles, improve air with him on each occasion. He is one of the over reclamation projects and the develop- quality, and over time reduce our reliance on finest people I have worked with during my 17 ment of oil fields, coal mining on public lands, foreign oil sources. years in Congress. the Alaska Pipeline, the measures taken under Section 166 of SAFETEA–LU allows vehi- From 1986 to 1989, Lieutenant Colonel the Nixon Energy Initiative, and served on a cles meeting certain fuel efficiency and emis- Exum distinguished himself as one of the top number of White House task forces, involving sions standards to use HOV lanes. The bill, company grade leaders in Alpha Company, 1/ energy. specifically section 166(b)(5)(B)(i), is written to 22 Infantry Battalion, Fort Drum, NY, serving In 1975, on the advice of Tenn-Tom project allow states to establish a program that ad- as a Rifle Platoon Leader and Mortar Platoon Administrator Glover Wilkins, Don entered an dresses the selection of vehicles under the Leader in a light infantry battalion. He then exchange program inside the Federal Govern- HOV provision. As long as states meet the was assigned to Alpha Company, 2/187 Infan- ment and came to the Tenn-Tom on a 2-year minimum standards set out in the bill, they can try Battalion, both at home station and in com- basis, but ultimately stayed for 30. In 1979 adjust which vehicles will be authorized to use bat operations in Kuwait and Iraq for Desert Don resigned from the Federal Government HOV lanes. Shield and Desert Storm, when he was deco- and remained with the Tenn-Tom, taking the This intentional flexibility will allow California rated for valor in combat. position of Deputy Administrator. When Glover to implement a state law letting hybrid vehicles Due to his fabulous reputation as one of the Wilkins retired in 1984 Don was appointed to that get more than 45 miles per gallon in high- bright young officers in the Army, Lieutenant the post of Administrator, a position he has way driving and meet California emission Colonel Exum was selected as the Aide-de- held ever since. standards to ride in HOV lanes. Camp/Military Assistant for the Under Sec- As Administrator of the Tennessee- The bill also allows states to choose which retary of the Army. He performed magnifi- Tombigbee Waterway Development Authority HOV lanes will be eligible for use by these ve- cently in this position and was subsequently

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.011 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1753 given the rarest of opportunities, a second board of directors for the Huron Valley Cham- San Bernardino was the first site of Little company level command, which he maintained ber of Commerce; the American Eagles Flying League, west of the Rocky Mountains? Did for all Army soldiers assigned to the Military Club; River Bend Playscape steering com- you know San Bernardino had the first team District of Washington with duty at Fort mittee; and founding board member of the Vil- from the West to advance to the World Series Meade, MD. lage Tree Board. in 1951? So, when you play here, you are a In 1995, Lieutenant Colonel Exum was as- Mr. Speaker, Ron Fowkes has made a sig- part of history! This is a special place! signed with the Office of the Chief of Staff of nificant impact on his community over the past We should stop to honor those who have the Army and served there until 1996. During decade—from securing funds to plant more made this facility possible. The Western Re- his year of seryice, he was the Protocol Staff than 200 trees in the Milford community to gional Headquarters was constructed in 1969. Officer. His actions had a direct, positive im- leading the effort to renovate playgrounds and The property on which the headquarters was pact on the public persona of the Secretary of park facilities. His commitment to God, family placed was made available to Little League the Army and the Chief of Staff of the Army and country has been a source of inspiration Baseball by the City of San Bernardino. Al by coordinating events for the ‘‘Big Four’’ sen- to the many lives he has touched. Houghton Stadium and the Thomas C. Boyle ior Army leadership with foreign dignitaries, I hope my colleagues will join me in hon- Administration Building were built first, and the senior U.S. Government officials, and senior oring Ron Fowkes. His wife Barbara and balance of what is here today has been gradu- military leaders. daughters Aimee and Victoria, and his many ally added. Warner Hodgdon, a local busi- He then transitioned from active duty to be- friends today can feel a rightful sense of pride nessman, contributed heavily to the swimming come an active Guard Reserve National and appreciation for Ron, and I offer my con- pool, which is now such an important part of Guard officer. His contributions to the National gratulations and appreciation for all he has the Headquarters. Local firms pitched in with Guard while serving as the Security Clearance done for his community and his country. donated building materials, equipment and Adjudications Officer and Reserve Incentive f labor to gradually complete the complex. Many Program Manager from 1996 to 2001 were District Administrators and other local people without measure and positively impacted the RECOGNIZING AGOSTINO LOPORTO labored hard and long. Western Regional lives of individual soldiers and the readiness Headquarters as it stands today has been a and training of the Guard Bureau as a whole. HON. GINNY BROWN-WAITE ‘‘labor of love.’’ After serving as the Chief of the Inquiries OF FLORIDA On the grounds of the Headquarters Com- Branch in the National Guard Bureau Legisla- IN THE HOUSE OF REPRESENTATIVES plex is a Junior Olympic size swimming pool. tive Office, he was then hand-picked to rep- For other recreation and practice there are Tuesday, September 6, 2005 resent the National Guard Bureau and the table games, batting cages, practice fields and Army as the first National Guard officer to Ms. GINNY BROWN-WAITE of Florida. Mr. a recreation hall. There is also a Senior Divi- serve in the House Liaison Division of the Speaker, I rise today to acknowledge Mr. sion field. Secretary of the Army’s Legislative Liaison of- Agostino Loporto of Citrus County, Florida, a The Western Regional Tournament is the fice for many years. Purple Heart recipient from World War II. culmination of hard work by parents, fund- Lieutenant Colonel Exum is a natural at Inducted into the military on March 1, 1941, raisers, volunteers, and the business commu- building and maintaining credible relationships Mr. Loporto went to boot camp at Fort Dix, NJ, nity, as well as these talented players. Twelve with Members of Congress and their staffs, and received additional training at Fort teams, and 10 days of play! An audience of which was invaluable as the Army faced many Benning and Camp Gordon. Shipped overseas 50,000 to 60,000! A Tournament Committee of challenges associated with its budget and real in late 1943 to Liverpool, England, Mr. Loporto over 125 volunteers from 11 Western States! world combat operations in the Global War on was in the Battle of the Bulge on D-Day. Recognition of all teams at the Inland Empire Terror. Members knew they could count on Attached to the 4th Infantry Motorized Divi- Sixty Sixers home game! The involvement of Lieutenant Colonel Exum for his sage counsel, sion in Belgium, Mr. Loporto was wounded in Team 14, a group of local businessmen and professional advice, and unwavering integrity. his shoulder by shrapnel in the Black Forest. women who volunteer to host a team and take Lieutenant Colonel Exum’s faithful service, He was taken to a hospital in Belgium and the players to other Southern California leadership, loyalty, and dedication to duty up- was transferred to a hospital in England when events! An annual Golf Tournament! hold the highest traditions of military service, the Belgian hospital was hit by a B2 German In addition, Little League Leadership Train- and he has repeatedly stood for the defense bomber. Mr. Loporto received 4 months of ing Clinics are offered for League Officials, of this Nation, her citizens, and their freedom. medical treatment and was discharged from District Administrators, Managers/Coaches, His devotion to the defense of liberty epito- the military on November 4, 1945. scorekeepers and volunteer umpires. Included mizes the words soldier, patriot, and Amer- Mr. Speaker, true American heroes like in the training sessions are two one-week Um- ican. Lieutenant Colonel Exum is a role model Agostino Loporto should be honored for their pire Schools along with weekend rules clinics. for his two children, Tyler and Taylor, and is service to our Nation and for their commitment And so, I salute the young people who par- a devoted husband to his wife, Tina. and sacrifices in battle. I am honored to ticipate, and those who support the game. Mr. Speaker, I wish to extend my gratitude present Mr. Loporto with his long-overdue Pur- Play ball! and that of the entire Nation to Lieutenant ple Heart. He is truly one of America’s great- f Colonel Exum for his service to the United est generation. EMERGENCY SUPPLEMENTAL AP- States and his hard work in defense of free- f dom. PROPRIATIONS ACT TO MEET IM- SALUTING THE CONTRIBUTIONS MEDIATE NEEDS ARISING FROM f OF THE LITTLE LEAGUE WEST- THE CONSEQUENCES OF HURRI- IN RECOGNITION OF RON FOWKES ERN REGION CANE KATRINA, 2005 HON. THADDEUS G. McCOTTER HON. JOE BACA SPEECH OF OF MICHIGAN OF CALIFORNIA HON. JIM KOLBE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF ARIZONA Tuesday, September 6, 2005 Tuesday, September 6, 2005 IN THE HOUSE OF REPRESENTATIVES Mr. MCCOTTER. Mr. Speaker, I rise today Mr. BACA. Mr. Speaker, I rise to salute the Friday, September 2, 2005 to acknowledge and honor a good friend and Little League Western Region, and its con- Mr. KOLBE. Mr. Speaker, on behalf of the public servant, Ron Fowkes, as he retires from tributions to the youth of the Inland Empire, citizens of southeastern Arizona, my deepest his position as Council President for the Vil- through its Western Regional Tournament. Lit- sympathies go out to the victims of Hurricane lage of Milford, Michigan. tle League is the foundation of good values Katrina. While we are saddened by this trag- As a public servant Ron has demonstrated and sportsmanship. Some of us may be big- edy, our compassion in this time of adversity a deeply rooted commitment to the values of ger than others, or faster, but in team sports, will prevail. I am confident the spirit of commu- family, faith, democracy, and hard work. Be- as in life, it is the effort that counts! Through nity and generosity will be seen from across fore serving on the Village Council, Ron perseverance and teamwork, one can suc- the country as we begin to clean up and re- served on the Milford Parks and Recreation ceed! build from this horrible disaster. Whenever Commission, which included terms as vice- Here in the Inland Empire, we like to be Americans get knocked down, they always get chair and chairman. He also served on the known for historic firsts. Did you know that back up. Southern Arizona is ready to do its

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.014 E06SEPT1 E1754 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 part, by opening its arms and its heart to shel- Eisenhard inspired members of the Inland Em- Charles Eisenhard inspired members of the ter the homeless from Louisiana and Mis- pire Symphony Association, local civic leaders, Inland Empire Symphony Association, local sissippi. and then Consul of Mexico Emerenciano civic leaders, and then Consul of Mexico Rodriguez, to form a committee to present a Emerenciano Rodriguez, to form a com- This is just the first bill that Congress will mittee to present a unique concert of Mexi- need to enact to recover from this terrible dis- unique concert of Mexico’s symphonic master- co’s symphonic masterpieces. Consul aster. It will provide an immediate infusion of pieces. Consul Rodriguez was selected to Rodriguez was selected to chair the com- money to allow FEMA and the Department of chair the committee for this exciting endeavor. mittee for this exciting endeavor. The con- Defense to address the most immediate The concert was a tremendous success! En- cert was a tremendous success! Enthused, needs, ensuring there is no disruption in fund- thused, the committee continued to present the committee continued to present annual ing for relief efforts. Because much of the re- annual state-of-the-art musical and culturally state-of-the-art musical and culturally en- gion is still underwater, the full extent of the enriching programs for the enjoyment of the riching programs for the enjoyment of the entire community. damage is unknown. It will take some time to entire community. The purpose of this organization is to It is a well-established fact that Mexican assess the scope and cost of this disaster, but folkloric music is enormously popular and Congress will ensure that FEMA and other present the finest music compositions of Mex- world-renowned, however, what was rel- federal agencies have the resources they ico to the Inland Empire. In addition to its out- atively unknown to many people locally, was need to assist the citizens of this region to get standing music programming, the group has Mexico’s veritable treasure of classical and back on their feet. committed numerous volunteer hours and fi- symphonic music created by notable com- nancial contributions throughout these many posers and arrangers—many of whom Sin- f years, with participation of organizations and fonia showcased over the past 19 years. They ´ RECOGNIZING HAROLD KURTH individuals that shared in the identical goal of included: Carlos Chavez, Pablo Moncayo, Manuel M. Ponce, Silvestre Revueltas, program development and other auxiliary com- Miguel Bernal, Bla´ s Galindo, Juventino HON. GINNY BROWN-WAITE ponents. Rosa, Enrique Mora, Manuel Enriques, Ri- The current success of the Sinfonia ´ OF FLORIDA cardo Castro, Candelario Huızar, Felipe Mexicana has been recognized as an out- Villanueva, and others. To be sure, Cha´ vez’s IN THE HOUSE OF REPRESENTATIVES standing achievement in the Inland Empire ‘‘Sinfonia India’’ is a fine example of the uni- Tuesday, September 6, 2005 and beyond. It is a well-established fact that fication of Yaqui and Seri indigenous melo- Mexican folkloric music is enormously popular dies into a symphonic masterpiece. Ms. GINNY BROWN-WAITE of Florida. Mr. A typical Sinfonia program of Mexican Speaker, I rise today to acknowledge Mr. Har- and world-renowned; however, what was rel- classical music often features a guest con- old Kurth of Citrus County, Florida, a Purple atively unknown to many people locally, was ductor and/or artists from Mexico per- Heart recipient from World War II. Mexico’s veritable treasure of classical and forming with the San Bernardino Symphony Volunteering for service in 1943, Mr. Kurth’s symphonic music created by notable com- Orchestra at the historic California Theatre of Performing Arts in San Bernardino. Guest ambition was to join the Air Corp, but was in- posers and arrangers—many of whom Sin- fonia showcased over the past 19 years. They conductors have included Abraham Cha´ vez, ducted into the Army at Camp Roberts to re- ´ included: Carlos Cha´vez, Pablo Moncayo, Sergio Cardenas, Francisco Savın, Guada- ceive his basic training instead. lupe Flores, Eduardo Diazmun˜ oz, Enrique Following his initial training, Mr. Kurth was Manuel M. Ponce, Silvestre Revueltas, Miguel Diemecke, Jose´ Hernandez, Stewart Robert- aboard the Sea Witch on his way to Guadal- Bernal, Bla´s Galindo, Juventino Rosa, Enrique son, and Jeff Nevin. On two occasions Sin- canal when the ship was fired on by Japanese Mora, Manuel Enriques, Ricardo Castro, fonia had the distinction to host the ´ ´ ´ submarines. Luckily, the Sea Witch made it Candelario Huı´zar, Felipe Villanueva, and oth- ‘‘Orquesta Sinfonica Nacional de Mexico’’ in ers. To be sure, Cha´vez’s ‘‘Sinfonia India’’ is San Bernardino. On their first visit, Maestro safely to Guadalcanal without further contact Francisco Savı´n served as musical director. with the enemy. a fine example of the unification of Yaqui and Seri indigenous melodies into a symphonic On their second, Maestro Enrique Diemecke Mr. Kurth then took part in campaigns on directed the Orque´sta as part of a national the Soloman Islands and the Philippines, masterpiece. tour of seven U.S. cities in honor of the 100th A typical Sinfonia program of Mexican clas- where he was wounded by a hand grenade birthday celebration of Mexico’s premier sical music often features a guest conductor while guarding a church in Manila. He was composers Carlos Cha´ vez and Silvestre and/or artists from Mexico performing with the part of a group of six soldiers who came under Revueltas (Diemecke is currently the artis- San Bernardino Symphony Orchestra at the tic director of the Long Beach Symphony). enemy fire in the church yard following a river historic California Theatre of Performing Arts Instrumental guest soloists have included crossing. Several of his compatriots were in- in San Bernardino. Guest conductors have in- Carlos Prieto, cello; Jorge Juarez and Maria jured as well in the battle. cluded Abraham Cha´vez, Sergio Cardenas, Teresa Rodriguez, piano; Miguel Alcazar, Part of the ‘‘Heavyweights of the South Pa- guitar; Roman Revueltas, violin; Elena Francisco Savı´n, Guadalupe Flores, Eduardo Duran, flute; and Manuel Arpero, trumpet. cific,’’ Mr. Kurth’s division was credited with Diazmun˜oz, Enrique Diemecke, Jose´ Her- killing 12,500 enemy soldiers during World Sinfonia commissioned Maestros Mateo nandez, Stewart Robertson, and Jeff Nevin. Oliva and Mario Kuri-Aldana to arrange into War II. Serving three years without a furlough, On two occasions Sinfonia had the distinction symphonic form romantic ballads by beloved Mr. Kurth returned to the United States on to host the ‘‘Orque´sta Sinfo´nica Nacional de Mexican composer, Agustiin Lara. The world Christmas Eve, 1945. Me´xico’’ in San Bernardino. On their first visit, premiere of the concert in San Bernardino Mr. Speaker, true American heroes like Har- Maestro Francisco Savı´n served as musical di- was an international sensation. That cutting old Kurth should be honored for their service rector. edge program was the most popular classical to our Nation and for their commitment and Sinfonia has presented a variety of special concert ever presented in the Inland Em- pire—drawing audiences from Mexico City, sacrifices in battle. I am honored to present performances by outstanding ensembles from Mr. Kurth with his long-over Purple Heart. He Los Angeles, San Diego, and beyond. Special Mexico and Southern California. Sinfonia is guests included Lara’s widow and famous is truly one of America’s greatest generation. now organized as a non-profit 501(c)(3) orga- contemporary songwriter, Roberto Cantoral, f nization and yet maintains its volunteer-driven and numerous luminaries. Sinfonia has presented a variety of special IN HONOR OF THE 20TH ANNIVER- mission to foster the awareness of Mexico’s symphonic musical masterpieces, and educate performances by outstanding ensembles from SARY OF THE SINFONIA the public of the fine music and culture of Mexico and Southern California. They fea- MEXICANA tured the West Coast premiere of Mexico. ‘‘Navidades’’ by the internationally ac- Mr. Speaker, that is a re´sume´ of the sub- claimed Ballet Folklorico de Amalia Her- HON. JOE BACA stantial achievements of this important cultural nandez from Mexico City. And, from Baja OF CALIFORNIA institution. My family and I enjoy this music. California, Sinfonia presented ‘‘Bastian y IN THE HOUSE OF REPRESENTATIVES We encourage everyone in the community to Bastiana’’ Mozart’s comic opera performed by a student group, Grupo Juvenil de Ti- Tuesday, September 6, 2005 partake of this great resource. I ask that a more detailed history of Sinfonia juana. Moreover, Sinfonia presented the Mr. BACA. Mr. Speaker, it is with great be included in the Congressional Record, for West Coast premiere of the first Chicano pride that I rise to pay tribute to the Sinfonia public display and historical preservation. And opera, ‘‘Esperanza’’ composed by David Mexicana, on the occasion of its 20th anniver- Bishop and the libretto by Carlos Morton again, I say: thank you to Sinfonia, for pre- based on the classic cult film, ‘‘Salt of the sary. serving these important musical traditions! Earth.’’ The opera was performed by the This important institution, located in San SINFONIA MEXICANA—A HISTORICAL OVERVIEW Euterpe Opera Theatre of Pasadena, which Bernardino, has been thrilling audiences since Sinfonia Mexicana has been thrilling audi- featured soprano Ariella Vaccarino and tenor 1985, when Mario Porras and Charles ences since 1985 when Mario Porras and Eric Castro.

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.019 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1755 Quintessentially popular mariachi per- native Panama to become a Priest. While fans IN LOVING MEMORY OF formances have included the legendary Los of opposing teams dread to see Rivera on the ANASTASIA ‘‘ANNIE’’ SAIZ, OF ´ Camperos de Nati Cano, Sol de Mexico de mound, all will agree that he is a class act. BELEN, NM Jose´ Hernandez, Las Reinas de Los Angeles, Mariachi Mujer, Mariachi Divas, and Mari- Never one to boast or brag about his incred- achi Champan˜ a. Other diverse artists in- ible gift, Rivera comes to work and does the HON. JOE BACA cluded Latin jazz great, Tito Puente, the ro- job better than anyone. He is fearless yet OF CALIFORNIA mantic trio, Los Tres Reyes, famed humble, a combination that we seldom see in IN THE HOUSE OF REPRESENTATIVES folklorists Tlen Huicani (Veracruz), and the today’s athletes. brilliant Ballet Folklorico del Pacifico. The Tuesday, September 6, 2005 famous pop artist, Vikki Carr graced Sin- When the game is on the line, great athletes Mr. BACA. Mr. Speaker, I rise in loving trib- fonia’s portfolio, as did Alicia Juarez (widow always rise to the challenge. Jordan, Montana ute and memory of my sister Anastasia of Jose´ Alfredo Jimenez), Lalo Guerrero, and Pele´ all separated themselves from the ‘‘Annie’’ Saiz, who passed away over the Au- Mayor Judith Valles, sopranos Maria Luisa pack with their ability to overcome their fears Tamez and Florencia Tinoco; tenors gust congressional recess. and anxiety and play with a high level of con- Beloved wife of Seferino Saiz, beloved sis- Alejandro Guerrero, Pedro Rey, Raul Her- fidence. With his ability to shut down oppo- nandez, Dennis Meade, Daniel Hendricks, and ter of Florenio, Maria ‘‘Lupe’’ Napier, Morris, the West Coast debut of tenor Daniel nents at the end of a game Rivera has earned Tanny, Raymond, Joe, and Theresa Perez, Rodriguez performing with a symphony or- a place among these elite competitors. and the late Abiflio Baca, beloved mother and chestra (the former New York police officer Mr. Speaker, Mariano Rivera is proof of the mother-in-law of Robert Saiz and Lisa; Elsie who awed the nation with his rendition of great contributions Latinos continue to make Giron and husband, William; Sefe Saiz Jr. and ‘‘God Bless America’’ in the aftermath of 9– to this country. While I am proud of the many wife, Liz; Dorothy Johnston and husband, 11). Sinfonia endeavors to help promote the Johnny; Lorraine Marquez and husband, Carl; musical careers of local young aspiring art- championships Rivera has helped to bring to ists such as Elizabeth Quintero and Desiree the city of New York, I am more proud of the and Charlie Saiz and wife, Rose, all of Belen. Flores. Sinfonia supported the very first fact that he has helped to improve the lives of She is survived by 16 grandchildren, and 6 youth mariachi in the region, Mariachi many young people in the South Bronx. great grandchildren. Estudiantı´l and founder Lou Herz, whom Whether he knows it or not, Rivera’s attitude Annie lived life to the fullest, reaching the Sinfonia sponsored for several years, and towards the game of baseball provides all who mark of 78 years young. She and Seferino supported the debut of the region’s first all- had just celebrated their 60th anniversary with watch him with a model of how to approach girl, Mariachi las Princesas. a family dinner at their home on August 5. life—hard work and determination. Sinfonia is now organized as a non-profit They were married in 1945 in La Joya. 501(c)(3) organization and yet maintains its Mariano Rivera exemplifies the idea of an Annie was widely admired by family, friends, volunteer-driven mission to foster the aware- athlete as a role model. For his unyielding ness of Mexico’s symphonic musical master- and colleagues. She was hard working, dedi- pieces, and educate the public of the fine competitive spirit and positive impact on the cated, committed, disciplined, loving and sup- music and culture of Mexico. The board of di- lives of all Americans, I ask my colleagues to porting. She was everything one would want in rectors and staff invite interested members join me in paying tribute to Mr. Mariano Rivera a sister, daughter, mother, wife, grandmother, of the community to become involved in Sin- as he is awarded the 2004 Latino MVP Award. and great grandmother. fonia Mexicana programs. She was employed by the Los Lunas Hos- f f pital and Training School, working with men- tally challenged children. She had a big heart TRIBUTE TO MR. MARIANO RECOGNIZING THE SPRING HILL and compassion for the less fortunate. She RIVERA NATIONAL DIXIE YOUTH AAA would bring home children during the Easter BASEBALL TEAM holiday to enjoy the picnics; she couldn’t see HON. JOSE´ E SERRANO them being alone. OF NEW YORK She was a devoted Catholic, and active in IN THE HOUSE OF REPRESENTATIVES HON. GINNY BROWN-WAITE our Lady of Belen Catholic Church, and she volunteered at Sacred Heart Catholic Church. Tuesday, September 6, 2005 OF FLORIDA She participated in civic causes, volunteering Mr. SERRANO. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES her time, getting up at 7 a.m. to drive voters pleasure that I rise today to pay tribute to Mr. to the polls. When she believed in a cause, Tuesday, September 6, 2005 Mariano Rivera, as he is awarded the 2004 she would work her heart out. Latino MVP Relief Pitcher of the Year Award Ms. GINNY BROWN-WAITE of Florida. Mr. She loved to shop. During the holidays she by Latino Sports and the Latino Sports Writers Speaker, I rise today to acknowledge the always gave out presents to strangers and her & Broadcasters Association (LSWBA). members of the Spring Hill National Dixie friends. She enjoyed listening to Mariachi Rivera made his major league debut with Youth AAA baseball team on their recent vic- music, going dancing at the senior citizen the New York Yankees in 1995. Since 1997 tories at the State championships and world dances with Seferino and friends. She enjoyed he has served as the team’s closer and has series. listening to Jennifer sing Mariachi songs. blown away his competition. Rivera is argu- When we would visit she was always so ably the most effective closer in postseason The Spring Hill Nationals are made up of 9- thoughtful and kind to give me and Barbara baseball history, recording final outs in three and 10-year-olds who have worked tirelessly and my children a little gift. We will always re- Yankee world title seasons (1998, 1999 and for their successes. The 13 members of this member her kindness and love for family. 2000). He also owns the Major League record extraordinary team have demonstrated Annie enjoyed spending time with her fam- for most postseason saves with 32, as well as through their victories the traits of sportsman- ily. She always supported her children and most World Series saves with 9. Rivera also ship, dedication, loyalty, and discipline. grandchildren, cheering them on at baseball established the longest scoreless innings Mr. Speaker, I would like to recognize the games; she was their No. 1 fan. She defended streak in postseason play with thirty-three in- following members of the Spring Hill team: her family, as she stood by their side. She nings pitched and was named as the World Gabe Abbadessa, Mason Arroyo, Drue was all about ‘‘familia.’’ On her children’s birth- Series MVP in 1999 and the Most Valuable Brooks, Brandon Brosher, Alex Martin, Danny day, she would call the local DJ and dedicate Player of the American League Championship Gendusa, Derek Newman, Nic Pasarela, Nick songs to her children. She would tell them to Series in 2003. He currently leads the Ramirez, Drew Dessa, Brad Smith, Evan turn on the radio, and there is a special song, Yankees as the club’s all-time saves leader Webster, and Joey Wright. Their manager, chosen from her heart. with 366 and boasts an incredible Earned Run She was a great cook. Everyone would go Dave Smith, and assistant coaches, Bob Average below 1.00 in postseason play. to her house, and even if you were not hun- Pasarela and Dave Newman contributed to Mariano Rivera was born on November 11, gry, she would make sure that she gave you their successes. 1969, in Panama City. The son of a fisher- a plate and made you eat. The food was al- man, he grew up poor and played baseball as The Spring Hill National Dixie Youth AAA ways so delicious, how could you refuse. We a kid using a glove fashioned out of a card- baseball team is Florida’s team. I am honored loved her tortillas and atole. She had special board box. He has been described by many that these fine young gentlemen are from my Mexican food remedies for our colds. as being a deeply religious man, and says that district and am proud of their accomplish- Annie’s life was dedicated to family, friends, he would one day want to move back to his ments. and community. Her memory lives on in our

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.022 E06SEPT1 E1756 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 thoughts and prayers. We say, ‘‘Goodbye. A deputy in the Pasco County Sheriff’s of- Many times, out-gunned and out-ranged, the God bless you, we love you, and we miss fice since 1998, Mr. Cooley enlisted in the Ma- 1st Battalion 12th Marines continued to return you.’’ We all loved her with all our hearts. She rine Corps Reserve in July of 2003. A third fire rather than give any quarter to North Viet- is now in a better place with her heavenly Fa- generation Marine, Lance Corporal Cooley namese artillery units. Lance Corporal ther and at peace. was deployed to Iraq in December 2004. Fedyszyn earned his Purple Heart when he f While on patrol in Iraq, Mr. Cooley was the was wounded by the enemy during an attack victim of a roadside blast. Following the at- on May 9, 1968. He was first presented the CONGRATULATING IRVIN ‘‘BUZZ’’ tack, Mr. Cooley has required several head Purple Heart by the Commanding General of CAVERLY surgeries to remove pieces of scrapnel, some the 3rd Marine Division. as large as a credit card. He currently remains Mr. Speaker, true American heroes like HON. MICHAEL H. MICHAUD in a local hospital recovering from his wounds John Fedyszyn should be honored for their OF MAINE sustained in early July. service to our Nation and for their commitment IN THE HOUSE OF REPRESENTATIVES While at National Naval Medical Center in and sacrifices in battle. I am honored to present Mr. Fedyszyn with his long-overdue Tuesday, September 6, 2005 Bethesda, Maryland, Mr. Cooley was pre- sented his Purple Heart by President George purple heart. He is truly one of America’s Mr. MICHAUD. Mr. Speaker, since 1933, W. Bush. An emotional and brief ceremony greatest generation. Baxter State Park has been one of the most with Mr. Cooley’s family was a fitting tribute to f important natural and recreational places in his and their sacrifices both on the battlefield CALIFORNIA’S CENTRAL COAST the state of Maine. From an initial purchase of and back here in Florida. 5,960 acres, the park has grown to 204,733 In addition to the support from his cowork- RESIDENTS REACH OUT TO VIC- acres that welcome more than 100,000 visitors ers and family, the entire Pasco County region TIMS OF HURRICANE KATRINA each summer from all parts of the United has helped the Cooley family. Volunteers have States. Baxter State Park is special for its role hosted fundraisers to help defray the costs of HON. SAM FARR as home to many of Maine’s most beautiful his medical bills, and have even reroofed his OF CALIFORNIA mountains, lakes, and rivers and as the north- house. We are all proud to know that the good IN THE HOUSE OF REPRESENTATIVES ern terminus of the Appalachian Trail. people of Pasco County have come together Tuesday, September 6, 2005 Throughout Baxter State Park’s history, no to support those who defend our freedoms Mr. FARR. Mr. Speaker, on behalf of the man or woman, besides Governor Percival and liberties in the United States Armed Baxter himself, has been as important to the constituents of the 17th District of California, Forces. we extend our heartfelt sympathy to the vic- park as Baxter State Park Director Irvin Mr. Speaker, true American heroes like ‘‘Buzz’’ Caverly. Buzz Caverly began his ca- tims of Hurricane Katrina. The devastation Josh Cooley should be honored for their serv- wrought on Louisiana, Mississippi and Ala- reer at Baxter State Park as a ranger in 1959 ice to our Nation and for their commitment and and by 1981 had risen to the rank of Park Di- bama is unimaginable to most Americans but sacrifices in battle. I am honored to present we on the Central Coast of California want our rector, where he has ably and enthusiastically Mr. Cooley and his family with this proclama- managed the park since. fellow Americans on the Gulf Coast to know tion and let them know that America is grateful that we stand shoulder to shoulder with them Buzz recently announced his retirement. for the sacrifices of Lance Corporal Josh Through the years, Buzz earned a well-de- to rebuild their lives and communities. Cooley and that we truly consider him one of The epicenter of the 1989 Lorna Prieta served reputation for thoughtfulness, fairness, America’s heroes. earthquake occurred in the Santa Cruz Moun- and dedication to the legacy of Percival Baxter f tains 10 miles from my congressional district. and to Baxter State Park. It was 7.1 on the Richter scale and was the Growing up in the Katahdin region of Maine, REGARDING THE POEM ‘‘A first major quake in northern California since Baxter State Park has always been my back- SOLDIER’S REFLECTIONS’’ 1906. Since that time, residents on the Central yard, and I know that Buzz has continued the Coast have experienced many federally des- proud traditions of conservation and rec- HON. G. K. BUTTERFIELD ignated natural disasters including mudslides reational access on which Baxter State Park OF NORTH CAROLINA and flooding. was founded and which the people of the Ka- IN THE HOUSE OF REPRESENTATIVES We Californians understand all too well that tahdin region and all of Maine deeply value. Federal disaster assistance has to be imme- It can truly be said that Buzz knows Baxter Tuesday, September 6, 2005 diate and sustained. The $10.5 billion in emer- State Park better than any man or woman Mr. BUTTERFIELD. Mr. Speaker, on July gency funding approved on September 2 is alive, and his absence will be felt for years to 12, 2005 I read a poem on this Floor entitled the start of what must be a long-term Federal come at the park. Indeed, Buzz’s legacy will ‘‘A Soldier’s Reflections.’’ At that time, I inad- effort to assist the residents of the Gulf Coast be remembered not only by those of us that vertently gave credit to the wrong author. I communities to rebuild their lives and commu- love the park, but by the countless thousands apologize to its author Mr. George L. Skypeck nities. There is no price tag on the emotional of people who had the good fortune to meet and ask that the CONGRESSIONAL RECORD be and spiritual healing for the victims of Hurri- him throughout the years and enjoy his own amended and the appropriate correction be cane Katrina, but it may be a small comfort to infectious love for Baxter. made to credit the author. know that millions and millions of Americans On behalf of the residents of Maine’s Sec- f are contributing in many ways to your future ond Congressional District, and for myself per- well-being and that you are not alone. sonally, I would like to thank Baxter State Park RECOGNIZING JOHN FEDYSZYN Director Irving ‘‘Buzz’’ Caverly for his hard f work and dedication to Baxter State Park and HON. GINNY BROWN-WAITE RECOGNIZING EDWIN BOMBLY for protecting an area that will remain a spe- OF FLORIDA cial place for all future generations of visitors IN THE HOUSE OF REPRESENTATIVES HON. GINNY BROWN-WAITE from throughout Maine and away. Buzz, thank Tuesday, September 6, 2005 OF FLORIDA you and congratulations. IN THE HOUSE OF REPRESENTATIVES f Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to acknowledge Mr. John Tuesday, September 6, 2005 RECOGNIZING JOSH COOLEY Fedyszyn of Lady Lake, Florida, a Purple Ms. GINNY BROWN-WAITE of Florida. Mr. Heart recipient from the Vietnam War. Speaker, I rise today to recognize the passing HON. GINNY BROWN-WAITE A native of Dunkirk, NY, Lance Corporal of Mr. Edwin Jerome Bombly of Hernando, FL. OF FLORIDA Fedyszyn was a proud member of C Battery, Born in Hamtramck, MI, Mr. Bombly moved IN THE HOUSE OF REPRESENTATIVES 1st Battalion, 12th Marines, 3rd Marine Divi- to Hernando, FL in 1978. An Army Veteran sion. Mr. Fedyszyn served as a forward-ob- and the owner of a local insurance company, Tuesday, September 6, 2005 server radioman who fought in savage ex- Mr. Bombly was very involved in local philan- Ms. GINNY BROWN-WAITE of Florida. Mr. changes with North Vietnamese Army artillery thropic activities and social organizations. Speaker, I rise today to acknowledge Mr. Josh units north/northeast, west, and south of Dong Mr. Bombly was a member of Our Lady of Cooley of Pasco County, Florida, a Purple Ha throughout his deployment with the 12th Fatima Catholic Church, a third degree mem- Heart recipient from Operation Iraqi Freedom. Marines in Vietnam. ber of the Knights of Columbus, chairman of

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.025 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1757 the Citrus County Right to Life, and had re- many years of service to the people of Para- rade grounds, the unit has amassed over cently been elected president of the Florida mount, CA and in wishing him the very best in 5,900 community service hours in a wide vari- Right to Life. In addition to participating in his work ahead for the people of Long Beach, ety of community oriented activities. The unit these organizations, Mr. Bombly was a de- CA. has also pushed its cadets to achieve in the voted family man who enjoyed playing the f classroom, with several cadets participating in saxaphone. national academic contests, three cadets Mr. Speaker, I know that his family, friends RECOGNIZING JOSHUA JOEL being awarded NROTC scholarships, and one and loved ones miss his presence but are GRAMLING OF ZEPHYRHILLS, cadet appointed to the U.S. Naval Academy. heartened to know that he has passed on to FLORIDA In his application to the National NJROTC a better place. Awards Nominating Committee, the Area 7 f HON. GINNY BROWN-WAITE manager stated that he had never seen a OF FLORIDA more inspiring event than the Evening Parade RECOGNIZING MR. PATRICK WEST IN THE HOUSE OF REPRESENTATIVES conducted by Central High’s NJROTC Unit. Working as a team, the unit performed with a ´ Tuesday, September 6, 2005 HON. LINDA T. SANCHEZ flawless precision that was of the same caliber OF CALIFORNIA Ms. GINNY BROWN-WAITE of Florida. Mr. as some of the finest honor guards in Wash- IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to acknowledge Corporal ington, DC. Tuesday, September 6, 2005 Joshua Joel Gramling of Zephyrhills, FL, a Mr. Speaker, in honor of Central High’s Ms. Linda T. Sa´nchez of California. Mr. Marine Corps veteran of the war in Iraq. I am Area 7 Best Unit award and their number two Speaker. I rise today to recognize Mr. Patrick proud to join the entire Zephyrhills community, ranking in the nation, I would like to congratu- West for his 25 years of service to the people his friends and family, and his fellow soldiers late all the cadets participating in Central of Paramount, California. to welcome Corporal Gramling back safely High’s NJROTC program and their instructors Pat began his career with Paramount in from Iraq. for their dedication to the cadet program, for 1980 at a time when the city was being called Following his enlistment in the Marine Corps their service to the Brooksville community, and a ‘‘suburban disaster,’’ and was ranked as one in 1998, Corporal Gramling served as a tank for their love of the United States of America. of the Nation’s worst places to live. Pat was a gunner for the first four years of his service. This unit will serve as an inspiration and an leading part of a team of local citizens and city Following the completion of his four-year duty, example for other NJROTC programs through- employees who made a commitment to turn Corporal Gramling decided to re-enlist in the out Florida and throughout the Nation. Paramount around. And turn the city around Marine Corps. Activated before the end of the f they did. year, Corporal Gramling was deployed to Iraq For example, to help reduce the high crime in March, 2005 where he served in Regi- IN RECOGNITION OF NORTH HIGH and gang problem in Paramount, Pat and mental Combat Team 8. SCHOOL’S CENTENNIAL CELE- other city employees and community leaders During his time in the Marine Corps, Cor- BRATION developed the GRIP anti-gang youth program. poral Gramling has received two Good Con- GRIP is now nationally recognized as one of duct Medals, the Iraqi Campaign Medal, the HON. BETTY McCOLLUM America’s longest running and most success- War on Terrorism Service Medal, and the Na- OF MINNESOTA ful programs at reaching children early in ele- tional Defense Medal. IN THE HOUSE OF REPRESENTATIVES Born into the military with both parents serv- mentary school, steering them away from Tuesday, September 6, 2005 gang involvement and towards more positive ing at MacDill Air Force Base in Florida, Cor- activities. poral Gramling comes from a long line of mili- Ms. MCCOLLUM of Minnesota. Mr. Speak- Pat started work in the city’s Recreation De- tary veterans. A proud member of three gen- er, in North St. Paul, MN, this year marks 100 partment, where GRIP is located. During erations of American military men and women, years of North High School, a pillar of the 1986–1994 he moved to the Community De- Corporal Gramling continues his family’s tradi- community since 1905. North High is one of velopment Department where he was respon- tion of service to America’s Armed Forces. In three high schools serving the North St. Paul- sible for planning, zoning, and housing efforts fact, twelve members of his family have Maplewood-Oakdale School District, a district in the city. Then, in 1994, Pat became City served in the Gulf War, the Vietnam War and which educates nearly 12,000 students each Manager for Paramount. Pat’s able hand at in World War II. year. community development and city management Mr. Speaker, the entire Zephyrhills Commu- As illustrated by the school’s vision state- can be seen today in the thriving business dis- nity is proud to have a native son and proud ment and exemplified in the work of its faculty tricts of Paramount, and the creative use of soldier return home safely from active duty. and staff, learning and citizenship come first at suburban revitalization methods, such as True American heroes like Corporal Gramling North High. Generations of students and their pocket parks. Those years in the 1980’s and should be honored for their service to our na- families have acquired knowledge, attained 1990’s saw the dramatic transformation of tion and for their commitment and sacrifice in skills, and developed values that prepare them Paramount from suburban disaster status to a battle. for lifelong learning and civic participation in model of positive suburban redevelopment, f our democratic society. with a city that stands out today for the quality Learning and growth happen outside of the of its city management and the quality of pub- RECOGNIZING CENTRAL HIGH classroom at North High as well. Students are lic services that it provides its residents and SCHOOL NJROTC PROGRAM provided with many leadership opportunities, businesses. Pat West has played a leading including participation in more than 25 clubs role in directing that transformation over two HON. GINNY BROWN-WAITE and organizations, such as National Honor So- and a half decades. OF FLORIDA ciety, Students Against Destructive Decisions, Pat’s roots and life have been spent in our IN THE HOUSE OF REPRESENTATIVES and Teens Advocating Peace. In addition, North High offers more than 26 athletic team region of Southern California. Born in Tuesday, September 6, 2005 Inglewood, raised in Huntington Beach, and opportunities for both boys and girls to learn educated at UC Irvine for a bachelor’s degree, Ms. GINNY BROWN-WAITE of Florida. Mr. the values associated with teamwork and and Cal State Los Angeles and Cal State Speaker, I rise today to acknowledge the physical fitness. Dominguez Hills for masters’ degrees, Pat is Naval Junior Reserve Officers Training Corps Many families in Minnesota and in North St. truly a local Southern Californian who has unit of Central High School in Brooksville, FL Paul have shared memories and developed done well, and done well for his State and his for being recognized by the Navy as the 2005 lifelong friends because of their North High ex- greater community. Best Unit in the Navy’s Area 7 and runner up periences. My own family has strong connec- Pat is leaving Paramount after 25 years to as the 2005 Best Unit in the Nation. Both of tions to North High—both of my children are take a promotional opportunity working for the these prestigious awards are sponsored by alumni of North High and I was a student larger city of Long Beach where he will head the Navy League of the United States. teacher at North High while finishing my bach- up that city’s redevelopment agency and help Central High’s NJROTC program is focused elor’s degree at the College of St. Catherine. another city in our region successfully meet on the development of their cadets as model We count on our Nation’s schools to help the challenges it faces. citizens as well as fostering the growth of to- create and support our communities, strength- Mr. Speaker and distinguished colleagues, morrow’s leaders. In addition to their countless en our neighborhoods, and educate and pre- please join me in honoring Pat West for his time spent drilling and reviewing on the pa- pare our children and youth. North High is a

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.031 E06SEPT1 E1758 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 wonderful example of such a school. It is with legislation conditions the continuation of farm Gehry for having his building, the Walt Disney great pride and appreciation for the role that subsidies in the state of Texas upon the main- Concert Hall, included in the U.S. Postal Serv- students, faculty, staff, and alumni at North tenance of rice production. Federal law allows ice’s 2005 Masterworks of Modern Architec- High play in North St. Paul and surrounding for the continuation of subsidies to landowners ture series. The hall is one of 12 modern communities that I submit this statement for who discontinue tenant rice farming on their structures in the nation—and the only one on the official United States CONGRESSIONAL land. In essence, this means that the subsidy the West Coast—featured in the postal stamp RECORD. continues to flow in spite of an end to produc- collection now on sale at post offices through- f tion. out the country. This is a ‘‘something for nothing’’ subsidy of As part of this series, the Walt Disney Con- EMERGENCY SUPPLEMENTAL AP- the worst kind! As a result of this provision, cert Hall is among a distinguished collection PROPRIATIONS ACT TO MEET IM- there is a very real threat to the agricultural in- that includes the Guggenheim Museum in MEDIATE NEEDS ARISING FROM frastructure. With landowners receiving sub- New York City, the Hancock Center tower in THE CONSEQUENCES OF HURRI- sidies in spite of lack of production, the entire Chicago and the East Building of the National CANE KATRINA, 2005 warehousing, processing and ‘‘value-added’’ Gallery of Art in Washington, DC. industries are put at risk. SPEECH OF Located in my congressional district in As grain elevators, processors and others downtown Los Angeles, the Walt Disney Con- HON. ROSA L. DeLAURO see a reduction in demand for their services cert Hall draws national attention to Los Ange- OF CONNECTICUT because of the diminution of production per- les and serves as the centerpiece of down- IN THE HOUSE OF REPRESENTATIVES mitted by Federal law, they have a disincen- town’s successful revitalization that includes Friday, September 2, 2005 tive to continue to provide said services, serv- showcasing the area’s diverse artistic and cul- ices which must remain in place in order for tural offerings. Ms. DELAURO. Mr. Speaker, today our those who remain in production to be able to thoughts and prayers are with the thousands Occupying a full city block on the historic bring to market the rice which they continue to Bunker Hill, the concert hall serves most nota- of citizens in Louisiana, Mississippi and Ala- produce. Thus, by way of the decimation of bama who have lost everything to Hurricane bly as the home of the Los Angeles Phil- the infrastructure, this subsidy to non-pro- harmonic and its 3.6 acre site also includes Katrina—their homes, their livelihoods, their ducers comes at the expense of those who families. Assisting people as they rebuild their California’s smallest state park. Traveling at continue to produce rice. Therefore, the provi- the intersection of First Street and Grand Ave- lives after this unprecedented natural disaster sions of Federal law which provide this sub- is a moral responsibility of government. Like nue, passersby quickly take notice of Mr. sidy actually amount to another form of Fed- Gehry’s stunning design. The hall’s bold eye- my colleagues, my top concern remains the eral welfare, taking from producers and giving search and rescue efforts underway on the catching exterior is comprised of enormous to non-producers. These destructive govern- curves made of stainless steel. Its expansive ground in this affected region, and I am grate- ment policies have particularly pernicious ef- ful for the heroic efforts of the relief workers transparent doors and windows stretch along fect in Texas, where rice farming, and the re- Grand Avenue and welcome the public to who have joined in this effort. lated industries, are a major sector of the I am encouraged that the battered Gulf come inside. A futuristic-style external aerial economy in many towns along the Texas Coast region will receive $10.5 billion in emer- walkway begins on Grand Avenue, and lifts coast. gency funding from Congress, funding that will visitors up and across the front of the venue, My legislation is very simple and direct in aid critical evacuation and recovery efforts as offering views of City Hall and beyond, and dealing with this problem. It says that those well as allow this area to begin to recover. eventually winding around to the garden level However, the issue is less whether we have who have tenant rice farmers producing rice in on the other side of the building. the money for this—we will—than whether it Texas must agree to continue to maintain rice The interior of the hall is just as original. will be used efficiently. Despite early warnings in their crop rotation if they wish to receive Acoustically designed by the world-renowned regarding the damage a hurricane could cause subsidies. In this way, we can remove the per- Yasuhisa Toyota, the hardwood-paneled main to this region, it appears the President’s budg- verse incentive, which the Federal Govern- auditorium is lauded as state of the art. Even et underfunded countless flood control and ment has provided to landowners to exit the the seating arrangement is insightful. Theater- prevention projects. rice business and thereby put the entire rice goers are seated on all sides of the orchestra At the same time, there are serious ques- infrastructure at risk. and the absence of private boxes—common in America’s rice farmers are the most effi- tions regarding the administration’s com- most concert halls—adds a unique element to cient, effective producers of rice in the world, petence in responding to this tragedy. In par- the experience. ticular, the Federal Emergency Management despite the many hurdles erected by Wash- The history of the origin of this national Agency’s incoherent response in the days fol- ington. The Rice Farmer Fairness Act helps landmark is as inspirational as Mr. Gehry’s lowing this disaster has been, in a word, unac- removes one of these hurdles and this makes creative genius. In 1987, Walt Disney’s widow ceptable. The American people, writing and America’s rice farmers even more efficient. In Lillian Disney gave a $50 million gift to the calling our offices here in Congress, are de- order to enhance our competitive position, we community to build the concert hall as a way manding accountability from their government. should also end our embargoes of other na- of paying tribute to her late husband’s lifelong In the coming days, they will begin to get tions. Congress should eliminate the burden- commitment to the arts. answers. But today, I want to urge the Presi- some taxes and regulations imposed on Amer- Sixteen years later, when the building dent to take responsibility and move the Fed- ica’s farmers. I hope my colleagues will join opened its doors in 2003, the completed Walt eral Government to action. That must be our me in removing these federally imposed bur- Disney Concert Hall stood as a proud collabo- continuing goal. dens on rice farmers by supporting free trade, ration of effort, talent and vision. There are And so, Mr. Speaker, this emergency fund- low taxes and regulations, and cosponsoring many to thank for helping to make the Walt ing is a necessary first step on what will surely my Rice Farmer Fairness Act. Disney Concert Hall a reality, including, but be a long road to recovery, and I urge my col- f not limited to, the ironworkers who built the leagues to support it. In the coming days, I will A CONGRESSIONAL TRIBUTE TO hall’s exterior and the many financial sponsors be working with my colleagues to ensure that who worked with The Music Center, the Los it is used expeditiously and appropriately. The ARCHITECT FRANK GEHRY’S WALT DISNEY CONCERT HALL Angeles Philharmonic Association, the County American people and the victims of this un- of Los Angeles and the Disney family to obtain precedented natural disaster deserve no less. ON THE OCCASION OF THE HALL’S INCLUSION IN THE U.S. the funding needed to complete the project. f POSTAL SERVICE’S 2005 It is truly because of their devotion and hard INTRODUCING THE RICE FARMERS MASTERWORKS OF MODERN AR- work that so many visitors from all over the FAIRNESS ACT CHITECTURE SERIES world have had the opportunity to enjoy Mr. Gehry’s architectural masterpiece that stands today. HON. RON PAUL HON. LUCILLE ROYBAL-ALLARD On behalf of all Angelenos, I congratulate OF TEXAS OF CALIFORNIA Mr. Gehry for being recognized in this special IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES way by the U.S. Postal Service and, above all, Tuesday, September 6, 2005 Tuesday, September 6, 2005 I thank him for giving Los Angeles a cultural Mr. PAUL. Mr. Speaker, I am today intro- Ms. ROYBAL-ALLARD. Mr. Speaker, I rise and architectural jewel that will surely be en- ducing the Rice Farmers Fairness Act. This today to congratulate famed architect Frank joyed for generations to come.

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A06SE8.035 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1759 EMERGENCY SUPPLEMENTAL AP- Nursing for 55 years. Additionally, in 1985, the quired in gasoline by 2012, but this bill could PROPRIATIONS ACT TO MEET IM- School of Nursing established the bacca- have done so much more to liberate our Na- MEDIATE NEEDS ARISING FROM laureate in nursing degree program and be- tion from Saudi Arabian and Middle Eastern oil THE CONSEQUENCES OF HURRI- came the Saint Francis Medical Center Col- and move our Nation toward a sustainable CANE KATRINA, 2005 lege of Nursing. More recently, in 2001, the and energy-independent future. College of Nursing began offering a master of Mr. Speaker, this is an energy bill for 1950, SPEECH OF nursing degree as confirmation of their adher- not 2050. It would have been difficult to sup- HON. DALE E. KILDEE ence to the highest standards of academic port this outmoded policy decades ago, and I OF MICHIGAN and clinical instruction. certainly cannot vote for it today. The achievements of the College of Nursing IN THE HOUSE OF REPRESENTATIVES f are numerous and great, as evidenced by Friday, September 2, 2005 their attainment of the highest level of accredi- CONFERENCE REPORT ON H.R. 6, Mr. KILDEE. Mr. Speaker, I rise to support tation by the Higher Learning Commission of ENERGY POLICY ACT OF 2005 the North Central Association and National the Emergency Supplemental Appropriations SPEECH OF request before us today to provide $10.5 bil- League for Nursing Accrediting Commission, lion in immediate aid to our fellow Americans as well as the significant impact of more than HON. ROSA L. DeLAURO who have been devastated by Hurricane 4,300 graduates on patients throughout the OF CONNECTICUT Katrina. This $10.5 billion in emergency fund- United States and the world. IN THE HOUSE OF REPRESENTATIVES ing will allow the Department of Defense and I wish the Saint Francis Medical Center Col- Thursday, July 28, 2005 the Federal Emergency Management Agency lege of Nursing all the best with their centen- to continue the Federal Government’s efforts nial celebration and thank them for their dedi- Ms. DELAURO. Mr. Speaker, of everything to help the people of Louisiana, Mississippi, cation to developing caring professionals that can be said about this $15 billion give- Alabama and other States impacted by the ef- through the finest nursing education. away to the oil and gas industry—that it does fects of Hurricane Katrina. f nothing to alleviate the record high costs of oil, I am sure that the President will be request- nothing to reduce our dependence on oil—the ing additional funds in the near future, and I CONFERENCE REPORT ON H.R. 6, worst may be that it is a missed opportunity. am equally sure that the Congress will re- ENERGY POLICY ACT OF 2005 And that is because it fails to harness Amer- ica’s entrepreneurial spirit to develop new spond as quickly to approve the additional SPEECH OF funds as they are needed. Anyone watching sources of energy. It is a continuation of the their televisions over the last week realizes HON. BETTY McCOLLUM status quo at a time when we need a new that the effects of Katrina have been of biblical OF MINNESOTA American energy policy—bold new thinking to proportions. State and local officials have esti- IN THE HOUSE OF REPRESENTATIVES foster energy independence and grow our Na- tion’s economy in a way that addresses the mated the number of deaths from Katrina to Thursday, July 28, 2005 be in the thousands, and property damage is threat of global warming. estimated to be in yet unknown billions of dol- Ms. MCCOLLUM of Minnesota. Mr. Speak- But instead, this bill provides billions in tax lars. er, Congress had the opportunity and the breaks for oil companies already reaping This is a national, natural disaster, and as charge to develop a comprehensive energy record profits. It does little to encourage devel- such it deserves a swift and effective national policy that would make America safer, de- opment of new forms of energy. And it re- response. We as a nation must come together crease our dependency on foreign oil, and in- stricts States’ abilities to protect their own nat- to help our neighbors who have suffered such vest in the next generation of clean and re- ural resources. devastating losses. newable energy. Mr. Speaker, Americans are rightly con- It is the proper role of the Federal Govern- Unfortunately, H.R. 6 fails the current and cerned about how our dependence on foreign ment to provide that national response to such future needs of our Nation miserably. As gas oil affects our foreign policy. This bill does a national emergency. That is why I am prices and oil industry profits rise, this bill re- nothing to reduce that dependence. If any- pleased that the Congress has acted so swiftly wards oil and gas companies with $2.8 billion thing, it enshrines that dependence into law. to provide this immediate emergency funding in tax breaks and provides $1.4 billion in tax Today we import 58 percent of our oil, and by of $10.5 billion. And we as a nation, stand breaks for coal producers. These corporate 2025 we will still import between 64 and 68 ready to provide additional aid to the people giveaways only continue our addiction to Mid- percent of our oil, even after enacting this leg- affected by Hurricane Katrina. dle Eastern oil and enable our dependency on islation. Nor does it reduce skyrocketing gaso- Once again, Mr. Speaker, I add my support old and polluting technologies. line prices—something even the president has to the swift passage of this down payment of Mr. Speaker, the U.S. needs to be a world conceded. $10.5 billion for recovery efforts from Hurri- leader in energy self-sufficiency through con- And that is because this bill rejects common cane Katrina. servation, alternative energy sources, and re- sense ideas that could help us reduce our sponsible leadership from the White House need for foreign oil. The conference committee f and Congress. Regrettably, this bill fails on all rejected a measure that would have required CONGRATULATIONS TO ST. those counts. It neglects to include a Renew- America to decrease its oil consumption by 5 FRANCIS MEDICAL CENTER COL- able Portfolio Standard, which would have re- percent by 2015. At a time when Americans LEGE OF NURSING quired large electric companies to obtain 10 are fed-up with high gasoline prices, we percent of their power from clean renewable should be looking for ways to reduce their HON. RAY LaHOOD energy sources by 2020. This act, once again, need to fill-up at the pump. But the committee OF ILLINOIS fails to increase much-needed fuel efficiency also rejected a modest proposal that would IN THE HOUSE OF REPRESENTATIVES standards of cars and trucks. have increased the fuel efficiency of our cars As if this bill was not already bad enough, by one mile per gallon per year for the next 15 Tuesday, September 6, 2005 a new provision appeared after the conference years. Mr. LAHOOD. Mr. Speaker, I rise today to committee had adjourned, which steers $1.5 The final version of this bill also rejects a extend hearty congratulations to the Saint billion to a private consortium located in the Senate proposal to require utilities to generate Francis Medical Center College of Nursing in home district of Republican Majority Leader 10 percent of their electricity from renewable Peoria, IL, as they celebrate 100 years of pro- TOM DELAY. It provides that the consortium, of sources by 2020. This provision would have viding quality nursing education. This out- which Halliburton is a member, can keep up to helped us to significantly reduce our depend- standing program was organized in 1905 as 10 percent of the funds for administrative pur- ence on traditional polluting sources of elec- the Saint Francis Hospital School of Nursing poses. This is an outrage and a mockery of tricity. Another missed opportunity. by The Sisters of the Third Order of St. the democratic process. As if the lack of new thinking in this bill Francis. Only 10 years later, the school was America deserves a comprehensive energy weren’t enough, it also declares war on approved for a diploma nursing program by policy that invests in the development of the States’ rights when it comes to protecting their the State of Illinois. next generation of fuel sources like fuel cells, citizens. The bill would eviscerate the role of As testament to their academic rigor and hydrogen power and home grown Minnesota the States in the siting of LNG facilities and overall success, the School of Nursing has fuels like ethanol. I was pleased to see the grant sole jurisdiction in such matters to the been accredited by the National League of measure tripling the amount of ethanol re- Federal Energy Regulatory Commission,

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.039 E06SEPT1 E1760 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 FERC. This provision flies in the face of the One consequence of this action is that other relief projects. I have heard from many Coastal Zone Management Act. CZMA is a many teachers have taken early retirement constituents who want to know how they can unique partnership between coastal States while others have been discouraged from en- help and who are already assisting in local ef- and the Federal Government that allows tering teaching. Thus, the victims of this action forts. The people of western Wisconsin have States to protect their own coastal resources. are not only Texas teachers, but also Texas consistently demonstrated their generosity in This is an especially important law for Con- school children who are denied access to times of crisis and once again they are an- necticut, where the commerce that comes quality teachers. swering the call of compassion. from the Long Island Sound fishing grounds, Passing the Texas Educator Retirement Eq- There is a lot of work to do in the days, ports and recreational area makes it a $5 bil- uity Act is a good first step toward treating weeks and months ahead, but we will not stop lion economic asset. Because our State’s teachers fairly. Of course, I remain committed until we have found a safe haven for every cit- economy depends on the Long Island Sound, to working to pass H.R. 147, the Social Secu- izen, provided the necessary medical care to we believe that the State has the obligation to rity Fairness Act that repeals both the Govern- the weak and ailing, and attended to the protect it from possible environmental harm. ment Pension Offset and the Windfall Elimi- needs of all victims of this awful tragedy. May Rather than passing this legislation, we nation Provision, another provision that denies our hearts, thoughts, aid, and support continue ought to be reducing our dependence on for- public employees full Social Security benefits. to be with the victims and their loved ones eign oil by improving our energy efficiency and Congress should also be encouraging good over the Labor Day weekend and throughout maximizing our domestic energy production in people to enter the education profession by the relief and reconstruction process. an environmentally sound way—by investing passing my Teacher Tax Cut Act (H.R. 402) in cleaner, more secure energy sources such that provides every teacher with a $1,000 tax f as solar, wind, biomass and fuel cell tech- credit, as well as my Professional Educators RECOGNIZING THE COMMUNITY OF nology. My State of Connecticut is a leader in Tax Relief Act (H.R. 405) that provides a ALMA, KANSAS fuel cell technology, with several businesses $1,000 tax credit to counselors, librarians, and doing research that is on the cusp of revolu- all school personnel. tionizing the way our Nation powers its homes, In conclusion, Mr. Speaker, I urge my col- HON. JERRY MORAN cars and businesses. This bill should be in- leagues to join me in enabling Texas teachers OF KANSAS vesting in American small businesses like Pro- to obtain the Social Security benefits for which IN THE HOUSE OF REPRESENTATIVES ton Energy in Wallingford, Nxegen in Middle- they would be eligible if they were not teach- Tuesday, September 6, 2005 town and Danbury’s Fuel Cell Energy—com- ers by cosponsoring the Texas Educator Re- panies that already do over $300 million worth tirement Equity Act. Mr. MORAN of Kansas. Mr. Speaker, I rise today to recognize the community of Alma, of fuel cell business and move us closer to f true energy independence. Kansas for the successful revitalization of the Mr. Speaker, this bill proposes 20th century EMERGENCY SUPPLEMENTAL AP- Alma Creamery. solutions for 21st century energy challenges. It PROPRIATIONS ACT TO MEET IM- Beginning in 1946, this town of 762 people neglects the realities of a changing world— MEDIATE NEEDS ARISING FROM was identified by the presence of the Alma that our dependence on foreign oil has real THE CONSEQUENCES OF HURRI- Creamery, famous for producing delicious consequences for our foreign policy, that the CANE KATRINA, 2005 Alma Cheese. Bernie Hansen, a pioneer in the warming of the planet will have a serious im- development of value-added foods, furthered SPEECH OF pact on the lives of all Americans. It ignores this tradition when he purchased the company our entrepreneurial spirit and technological HON. RON KIND in 1986. Bernie developed the company and sold it more than a decade later. Unfortu- know-how to develop and harness new forms OF WISCONSIN nately, the creamery then closed in 2000. This of energy. And it ignores the rights of States IN THE HOUSE OF REPRESENTATIVES was a setback to the community of Alma. And to look after the interests of their citizens. Friday, September 2, 2005 America can do better—and deserves bet- for more than 3 years, the production plant lay ter—than this conference report. I urge my Mr. KIND. Mr. Speaker, the destruction of dormant. However, during this time, Alvin colleagues to oppose it. Hurricane Katrina and the massive flooding of Kahle and Jim Ferguson, two longtime em- the city of New Orleans and surrounding areas ployees, did something great. On their own ini- f have created a national tragedy that is unprec- tiative, they regularly cleaned up and main- INTRODUCING THE TEXAS EDUCA- edented in U.S. history. The resulting humani- tained the plant with the hope that one day it TOR RETIREMENT EQUITY ACT tarian crisis and the horror that has developed would reopen. in the streets of New Orleans are both appall- Their hopes were fulfilled in October of 2003 HON. RON PAUL ing and unacceptable. Our national response when former owner Bernie Hansen purchased OF TEXAS must be equal to the need of the victims, and the plant at an auction. Bernie quickly rehired IN THE HOUSE OF REPRESENTATIVES although emergency responders and relief Alvin and Jim. He also asked Linda Craghead, workers on the frontlines are working around who serves part-time as Wabaunsee County Tuesday, September 6, 2005 the clock to do everything they can, immediate economic development director, to serve as Mr. PAUL. Mr. Speaker, I rise to introduce Federal efforts were inadequate. general manager of the company. In addition, the Texas Educator Retirement Equity Act, However, despite this grave tragedy, I am more than one million dollars was invested in which restores to widowed Texas public confident that together we will overcome the equipment, facilities and personnel. school teachers the means to receive the challenges ahead to help our brothers and sis- On April 28, 2004, the hopes of Bernie, same spousal Social Security benefits as ters of the city of New Orleans and the im- Linda, Alvin, Jim and the entire community every other American. As I am sure my col- pacted Gulf region. For the victims and their were realized. On that day, the first batch of leagues are aware, widowed public school families, know that your country grieves with hand-made Alma Cheese was produced in a employees in Texas, like public employees you, and we stand with you in this time of completely remodeled plant. Since the plant throughout the Nation, have their spousal So- need. Be assured that help is on the way. reopened, this delicious product has been at- cial Security benefits reduced if they receive a President Bush has told the Nation that the tracting more and more customers. The com- government pension. This ‘‘Government Pen- government will commit all the necessary re- pany’s workforce has expanded from 5 to 15 sion Offset’’ affects Texas teachers who work sources, and we in Congress are working hard employees in order to keep up with increasing in school districts that do not participate in So- to make sure Federal aid is delivered and vic- demand. cial Security and even applies if the teacher in tims are helped. In the last few days thou- According to Bernie Hansen, the company’s question worked all the quarters necessary to sands of National Guard troops, including 475 growth is the result of an inspired team effortt qualify for full Social Security benefits either Wisconsin soldiers, have been deployed to the ‘‘The renewed success of Alma Creamery can before or after working in the public school Gulf States to provide assistance and security be attributed to a hard working staff, a sup- system! to the region. Today, Congress will pass what portive community and a trusted brand name Until last year, Texas schoolteachers could is likely a first installment of emergency aid for widely-recognized across the state of Kan- qualify for full widow benefits by working one the ravaged areas. sas,’’ Hansen said. day in a school that participates in Social Se- The national community is rallying in other For rural communities to survive and pros- curity. Unfortunately, last year Congress took ways as many local communities and volun- per into the future, citizens must be willing to that option away from Texas teachers. teers are organizing fundraising drives and create their own opportunities for success.

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.042 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1761 The revitalization of Alma Creamery is an ex- the disaster in Louisiana, Alabama, Mississippi supporting the Defense Language Institute ample of how hard work, innovation, profes- and Florida. All donations raised from the ef- and Naval Postgraduate School. Monterey is sional management and community support fort will go to the American Red Cross. And at the center of a thriving regional tourism econ- can create just such an opportunity. the medical school, Dr. Robert B. Walker is omy. Its convention center, Window on the Citizens throughout Kansas are working to- serving as a liaison officer for any medical Bay Park, Aquarium, and coastal recreation gether to enhance the quality of life in their personnel in hurricane-stricken areas who trail all draw and enrich visitors from at home communities. Alma Creamery is a success need to get Marshall’s assistance in transfer- and abroad. And the City of Monterey is a na- story that demonstrates how teamwork and ring patients or providing medical or other re- tional model for the participation of its citizens creative thinking can make a positive dif- quired public health resources. in neighborhood preservation and enhance- ference in rural America. In my hometown of Beckley, West Virginia, ment. All of these trends, and many others, f the Beckley Christian Ministerial Alliance, have Dan Albert’s quiet leadership at their spearheaded by the Rev. David F. Allen, is center. It is a legacy that has made a perma- WEST VIRGINIA RESPONSE TO collecting donations from area congregations nent mark on Monterey. HURRICANE KATRINA through the month of September, with a pres- Mayor Albert retired after 37 years from his entation of the donations to the Red Cross position as teacher at Monterey High School. HON. NICK J. RAHALL II scheduled for September 30. During his time at Monterey High he coached OF WEST VIRGINIA There are other countless community and the Monterey High varsity football team for 23 IN THE HOUSE OF REPRESENTATIVES individual efforts going on across our state: years. Mayor Albert and his wife, Joanne, are Tuesday, September 6, 2005 Fish fries, barbecues and spaghetti dinners in lifetime residents of the city and both attended small towns, bucket brigades at stoplights, do- Monterey High School. They have four grown Mr. RAHALL. Mr. Speaker, on behalf of all nations from widows on fixed budgets, from children and ten grandchildren. West Virginians, our thoughts and prayers are children with piggy-banks full of carefully Finally, I want to mention something that is with the countless many whose lives were dis- saved pennies. A drop in the bucket might not often said of politicians. Danny Albert is rupted by Hurricane Katrina. We extend our only be a drop, but when it’s all added up, our polite. He is always gracious; always friendly. hope that families will be reunited, lives will residents are giving a little hope to those who He treats all those around him with dignity, re- continue to be saved and, in time, homes and need it the most. spect and a charming humor. Which is not to towns will be rebuilt. As a West Virginian, I am proud of the way say that he doesn’t fight hard for his city. As Once again, when it mattered most, West both our State leaders and residents have re- a former football coach, he knows how to Virginians have risen to the occasion. Hurri- sponded to this disaster. Like any good neigh- block, tackle, and score touchdowns for Mon- cane Katrina dealt us a big blow last week, bor, they opened their doors and their hearts terey. But he does so with a style that pre- and reaction to this disaster will probably be to those in need. Our friends to the South can serves the conversation and promotes mutual analyzed long after our people have recovered count on West Virginia. respect and comity. and our cities have been reconstructed. But it f f is with great certainty that I tell you no one will question the swift reaction of West Virginia, IN HONOR OF MAYOR DAN ALBERT TRIBUTE TO A LEADER, GEN. among the first states to roll up its sleeves JOHN W. HANDY, COMMANDER, and roll out its resources. HON. SAM FARR U.S. TRANSPORTATION COM- West Virginia has had its share of dev- OF CALIFORNIA MAND AND AIR MOBILITY COM- astating floods in recent years and has IN THE HOUSE OF REPRESENTATIVES MAND learned how to rapidly organize its agencies following an emergency. Because of this, we Tuesday, September 6, 2005 HON. JIM SAXTON were able to mobilize quickly in response to Mr. FARR. Mr. Speaker, there is a rumor in OF NEW JERSEY the calls of help from the governors. Monterey, California, that when the Portola ex- IN THE HOUSE OF REPRESENTATIVES Three West Virginia Air National Guard C– pedition arrived there in June, 1770, Mayor 130 cargo planes flew in 200 evacuees from Dan Albert was there to welcome them to the Tuesday, September 6, 2005 New Orleans late Saturday and early Sunday. City. Mayor Albert has served the people of Mr. SAXTON. Mr. Speaker, it is my honor Most of these evacuees are now housed at Monterey for so long that we forget that there and privilege today to pay tribute to a leader the Camp Dawson Army Training Site in Pres- was a time when he was not part of local gov- and warrior, GEN John W. Handy, Com- ton County. As of Monday morning, five C– ernment. He and his wife Joanne are also mander, United States Transportation Com- 130 Hercules cargo planes from West Virginia dear friends to me and my wife Shary. So I mand, USTRANSCOM, and Commander, Air stand ready in Texas to bring back about 400 rise today to honor not only a public servant Mobility Command, AMC. General Handy is evacuees from the Houston Astrodome. of the highest caliber, but also a friend of retiring after honorably serving this great Na- Six crews from our State’s Air National many years. tion for over 38 years. It has been a distin- Guard—four from the Charleston-based 130th Dan Albert is serving his tenth two-year guished career. Airlift Wing, which just two weeks ago was term as Mayor of Monterey. He has held the General Handy was commissioned in the saved from the chopping block by the BRAC position of Mayor longer than anyone in U.S. Air Force in 1967 and received his pilot Commission, and two from the Martinsburg- Monterey’s 225 year history. Mayor Albert was wings in 1968. He has accumulated over based 167th Airlift Wing—have been sent to elected to the City Council in 1979 and elect- 5,000 hours piloting just about every mobility aid storm victims. ed Mayor in 1986. Prior to that time, he aircraft in the U.S. Air Force, to include the C– In addition to these ongoing National Guard served on the City of Monterey Parks and 7A Caribou, the C–130 Hercules, the C–141 efforts, our Secretary of Military Affairs and Recreation Commission for several years. He Starlifter, the C–37 Gulfstream V, the C–9 Public Safety Jim Spears, the National Guard is a former member and Chair of the Local Nightingale, the KC–10 Extender, and the Na- and the State Police continue to work directly Agency Formation Commission (LAFCO), the tion’s newest mobility airlifter, the C–17 with the homeland security officials in Texas, one local position that he and I have both Globemaster III. His hands-on performance, Louisiana, and Mississippi on formulating an held. sound judgment, and expertise made him an action plan to assist victims who have lost But length of service is not everything, as exceptional Air Force leader. their homes and are in desperate need of a my colleagues know. The value to a commu- General Handy commanded the 21st Air place to stay. nity comes through what it continues to re- Force at McGuire Air Force Base. He created Our citizens, too, have wasted no time in ceive from its longstanding public officials. By and commanded AMC’s Tanker Airlift Control pitching in. They never do. that measure, Dan Albert is worth his weight Center. He also commanded two airlift wings Marshall University has waived all applica- in gold. When first elected to the City Council, and a maintenance squadron. He previously tion and late fees for students displaced by Monterey was in the economic doldrums. The served as the Director of Operations and Lo- Hurricane Katrina who wish to take classes fishing industry had disappeared, the tourism gistics for USTRANSCOM; the Air Force’s Di- during the fall semester. industry was weak and the military economic rector of Programs and Evaluations; the Dep- Marshall students, faculty and staff have activity was being continually threatened. uty Chief of Staff, Installations and Logistics, begun making plans for a relief effort for vic- What a difference 25 years of real leadership Headquarters U.S. Air Force, Washington, DC; tims of Katrina. Thunder Relief 2005 will be a makes. The BRAC Commission just reaffirmed and Vice Chief of Staff, Headquarters U.S. Air joint effort in response to the devastation from the indispensable role that Monterey plays in Force, Washington, DC. It is clear and widely

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.046 E06SEPT1 E1762 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 2005 accepted that General Handy is the pre- needs of the warfighter, General Handy’s Dis- and sewage treatment projects. St. Paul Re- eminent mobility and logistics expert in the tribution Process Owner improvements have gional Water Services recently applied for Department of Defense. generated almost one-half billion dollars in Clean Water funds for a water filtration project In November 2001 General Handy assumed cost avoidances and savings in the global war and were denied because there wasn’t command of US TRANS COM at Scott Air on terror. enough funding. Force Base, Illinois. USTRANSCOM is one of General Handy will be the first to tell you he Funding for the National Park Service is nine unified combatant commands and exe- did not accomplish these feats alone. General also cut by three percent. These dollars are cutes mobility combat operations through its Handy has led the way in seeking collabo- used to protect our national treasures like three component commands: The Air Force’s rative joint solutions to today’s complex com- Voyageurs, Yosemite and Yellowstone Na- IAMC, the Navy’s Military Sealift Command, bat issues. Those who worked for him and tional Parks. The maintenance backlog at our MSC, and the Army’s Military Surface Deploy- with him, military and civilians from every National Parks has increased from $4.9 billion ment and Distribution Command, SDDC. Gen- branch of Service, will miss his leadership and in 2000, when President Bush pledged to eral Handy has had the unique distinction of mentorship. They’ll miss the stories and humor eliminate the backlog, to $7.1 billion today. We simultaneously commanding both he used to get his message across. We in should give the Park Service the resources to USTRANSCOM and its air component com- Congress will miss his straightforward ap- maintain these national treasures instead of mand, AMC. USTRANSCOM provides the proach and sound counsel. The nation will slipping farther and farther behind in unmet synchronized transportation, distribution, and miss his devotion to duty, ceaseless drive for maintenance needs. I am pleased to support our nation’s hon- sustainment which projects and maintains our improvement, and unwavering support to the ored veterans. Unfortunately, while this bill national power. As a global combatant com- American warfighter. could have done so much more to keep our mander, General Handy has made supporting General Handy will be remembered as the families and communities strong and healthy the American warfighter his top priority. man who brilliantly led our Nation’s mobility and protect our nation’s cherished natural re- Since the tragic events of September 11, forces during the Global War on Terrorism. I sources for generations to come, this Con- 2001, USTRANSCOM, under General Handy’s know we speak on behalf of our colleagues leadership, has moved over 2.4 million pas- gress failed to make the environment and pub- and a grateful nation in saying thank you to lic health a priority. sengers, 6.4 million short tons of cargo, and General Handy and his wife, Mickey, for their 2.8 billion gallons of fuel in support of the years of service and sacrifice. General Handy, f Global War on Terrorism, including Operation we wish you well in all your future endeavors NATIONAL HEALTH CENTER WEEK Noble Eagle, Operation Enduring Freedom, and pray that those who follow in your foot- and Operation Iraqi Freedom. To put this in steps may continue the legacy of unprece- HON. JERRY WELLER perspective, the passenger movement is dented support to our great Nation. Good luck OF ILLINOIS equivalent to moving the entire population of and Godspeed. IN THE HOUSE OF REPRESENTATIVES Kansas while the cargo movement is equiva- f lent to moving over 70 Washington Monu- Tuesday, September 6, 2005 ments halfway around the world. General CONFERENCE REPORT ON H.R. 2361, Mr. WELLER. Mr. Speaker, I rise today to Handy, an avid NASCAR racing fan, is fond of DEPARTMENT OF THE INTERIOR, support the goals and ideals of National stating the amount of fuel moved could run the ENVIRONMENT, AND RELATED Health Center Week. I also wish to recognize Nextel Cup Series for the next 19,473 years. AGENCIES APPROPRIATIONS the Will County Community Health Center America truly has a military deployment and ACT, 2006 which is one of Illinois’ largest and most com- distribution system that is unmatched any- prehensive public health agencies. The Will where in the world. America’s military might SPEECH OF County Community Health Center has served moves with USTRANSCOM, but so too does HON. BETTY McCOLLUM Will County in my 11th Congressional District since 1942 and became a Federally Qualified its heart. As quick as we are to defend this OF MINNESOTA Health Center in 1997. They annually care for great nation, Americans are just as quick to IN THE HOUSE OF REPRESENTATIVES assist those in need; and when we do, we turn more than 48,000 medically underserved to the remarkable capabilities of Thursday, July 28, 2005 county residents. USTRANSCOM. Under General Handy’s com- Ms. MCCOLLUM of Minnesota. Mr. Speak- On July 25, 2005, House Resolution 289, of mand, USTRANSCOM has provided humani- er, I rise in support of the conference agree- which I am co-sponsor, passed the U.S. tarian relief to hurricane victims in the United ment on the Department of Interior Appropria- House of Representatives. House Resolution States, earthquake victims in Iran, and tsu- tions, H.R. 2361, because it addresses urgent 289 reads as follows: nami victims in South Asia, just to name a needs within our veterans’ health care system. Whereas community, migrant, public hous- few. The medicines, supplies, equipment, and Last month, the Department of Veterans Af- ing, and homeless health centers are non- personnel that USTRANSCOM delivered to fairs (VA) announced a $1.3 billion shortfall in profit, community owned and operated health these and other natural disasters ultimately funding for veterans’ medical care, and it is providers and are vital to the Nation’s commu- saved lives and eased human suffering. estimated that in FY 2006 this shortfall could nities; Whereas there are more than 1,000 such In addition to conducting the largest military grow. This is unacceptable. With thousands of health centers servicing more than 15,000,000 movement since World War II and providing new veterans entering our health care system people in over 3,600 communities; unparalleled humanitarian relief, General every year—including those that have fought Whereas such health centers have provided Handy has made it a priority to transform our in Iraq, Afghanistan and the global war on ter- cost-effective, high quality health care to the Nation’s deployment and distribution system, rorism—we must provide the resources they Nation’s poor and medically underserved (in- ensuring our ability to project national power need and deserve, as well as continuing to cluding the working poor, the uninsured, and where needed with the greatest speed and provide for those who came before them. This many high-risk and vulnerable populations), agility, the highest efficiency, and the most re- bill provides $1.5 billion in emergency funding acting as a vital safety net in the Nation’s liable level of trust and accuracy. As the in FY 2005 for veterans health care and keeps health delivery system; USTRANSCOM commander, General Handy our promise to those who have so honorably Whereas these health centers provide care actively took on the role of the Distribution served our nation. to 1 of every 7 uninsured individuals, 1 of Process Owner for DOD, charged with improv- This bill also provides a $5 million increase every 9 Medicaid beneficiaries, 1 of every 7 ing efficiency and interoperability across the for the National Endowment for the Arts. I sup- people of color, and 1 of every 9 rural Ameri- entire DOD supply chain. His initiative to de- port this investment in our artistic resources. It cans, all of whom would otherwise lack access velop Joint Deployment and Distribution Oper- enhances the richness of Minnesota and our to health care; ations Centers, JDDOCs, in each of the re- nation’s cultural legacy and allows participa- Whereas these health centers are engaged gional combatant commands continues to im- tion in the arts by many who would not other- with other innovative programs in primary and prove combat capability and save valuable re- wise have the opportunity. preventive care to reach out to over 621,000 sources. Regional Combatant Commanders Regrettably, this bill falls short on supporting homeless persons and more than 709,000 can now plug into the DOD supply chain sys- the federal programs that conserve our envi- farm workers; tem, track their requirements, and prioritize ronment and protect the public’s health. This Whereas these health centers make health their actions. The net result is that troops and bill cuts funding for the Clean Water State Re- care responsive and cost-effective by inte- equipment are now arriving to the battlefield volving Loan Fund by 17 percent. This fund al- grating the delivery of primary care mammo- faster and at less cost. While meeting the lows states to allocate funds for local water grams, and glaucoma screenings;

VerDate Aug 18 2005 05:09 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06SE8.050 E06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1763 Whereas in communities served by these Resolved, That the House of Representa- 2. Rollcall vote No. 410 (Schiff Amend- health centers, infant mortality rates have tives— ment)—Yes. been reduced over the past 4 years even as (1) supports the goals and ideals of National 3. Rollcall vote No. 411 (Hart Amend- infant mortality rates across the country have Health Center Week; and ment)—Yes. risen; (2) requests that the President issue a proc- 4. Rollcall vote No. 412 (Jackson-Lee Whereas these health centers are built by lamation calling upon the people of the United Amendment)—No. community initiative, and run by the patients States to observe the week with appropriate 5. Rollcall vote No. 413 (Boucher Amend- they serve; ceremonies and activities. ment)—No. Whereas Federal grants provide seed Mr. Speaker, I urge this body to identify and 6. Rollcall vote No. 414 (Final Passage)— money empowering communities to find part- recognize Health Departments in their own Yes. ners and resources to recruit doctors and districts whose actions have so greatly bene- Thank you, Mr. Speaker. needed health professionals; fitted and strengthened America’s families and f Whereas Federal grants on average con- communities. PERSONAL EXPLANATION tribute 25 % of such a health center’s budget, f with the remainder provided by State and local governments, Medicare, Medicaid, private con- PERSONAL EXPLANATION HON. CHARLES W. ‘‘CHIP’’ PICKERING tributions, private insurance, and patient fees; OF MISSISSIPPI Whereas there are more than 100 health HON. CHARLES W. ‘‘CHIP’’ PICKERING IN THE HOUSE OF REPRESENTATIVES centers that receive no Federal grant funding, OF MISSISSIPPI Tuesday, September 6, 2005 yet continue to serve their communities re- IN THE HOUSE OF REPRESENTATIVES gardless of their patients’ ability to pay; Mr. PICKERING. Mr. Speaker, on Tuesday, Whereas health centers tailor their services Tuesday, September 6, 2005 September 6, 2005, the U.S. House of Rep- to fit the special needs and priorities of their Mr. PICKERING. Mr. Speaker, on Thursday, resentatives considered the following pieces of communities, working together with schools, July 21, 2005, the U.S. House of Representa- legislation: (1) H. Res. 360—Commemorating businesses, churches, community organiza- tives considered numerous amendments to the 60th anniversary of V–J Day and the end tions, foundations, and State and local govern- H.R. 3199, a bill to reauthorize the Patriot Act. of World War II in the Pacific; and (2) S.J. ments; While I did vote on a number of these amend- Res. 19—A joint resolution calling upon the Whereas health centers contribute to the ments earlier in the day and week, I had to President to issue a proclamation recognizing health and well-being of their communities by depart D.C. on the afternoon of July 21, 2005, the 30th anniversary of the Helsinki Final Act. keeping children healthy and in school and and travel to New Orleans to attend and testify Unfortunately, I was absent and unable to vote helping adults remain productive and on the before a Base Realignment and Closure meet- for these two pieces of legislation, as I was at- job; ing. I was granted an official leave of absence tending to and assisting my constituents and Whereas health centers encourage citizen by unanimous consent on July 22, 2005 (see their needs in the Third Congressional District participation and provide jobs for nearly 151 Cong. Rec. H6376–01). I was absent dur- of Mississippi after the devastating destruction 100,000 community residents; and ing consideration of the following votes. If caused by Hurricane Katrina on Monday, Au- Whereas National Health Center Week present, I would have voted the following: gust 29, 2005. I have requested an official raises awareness of the health services pro- 1. Rollcall vote No. 409 (Berman Amend- leave of absence for this time. If present, I vided by health centers: Now, therefore be it ment)—No. would have voted ‘‘aye’’ for both resolutions.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate agreed to S. Res. 233, Hurricane Katrina Resolution. Senate providing that the Senate vitiate the vote on the mo- Chamber Action tion to invoke cloture on the motion to proceed to Routine Proceedings, pages S9607–S9692 consideration of H.R. 8, to make the repeal of the Measures Introduced: Eight bills and two resolu- estate tax permanent. Page S9607 tions were introduced as follows: S. 1610–1617, S. Executive Reports of Committees: Senate received Res. 233, and S. Con. Res. 52. Pages S9645–46 on Wednesday, August 31, 2005 during the ad- Measures Reported: journment of the Senate, the following executive re- S. 1410, to reauthorize the Neotropical Migratory port of a committee: Bird Conservation Act. (S. Rept. No. 109–132) Report to accompany U.N. Convention Against Page S9644 Transnational Organized Crime (Treaty Doc. Measures Passed: 108–16) (Ex. Rept. 109–4) Pages S9644–45 Use of Capitol Catafalque: Senate agreed to S. Notification to the Senate: Senate received a com- Con. Res. 52, providing for the use of the catafalque munication from Associate Justice of the Supreme situated in the crypt beneath the Rotunda of the Court of the United States, the Honorable Antonin Capitol in connection with memorial services to be Scalia, notifying the Senate of the death of the Chief conducted in the Supreme Court Building for the Justice of the United States, the late Honorable Wil- late honorable William H. Rehnquist, Chief Justice liam H. Rehnquist. Page S9691 of the United States. Page S9630 Nominations Received: Senate received the fol- Hurricane Katrina Resolution: By a unanimous lowing nominations: vote of 94 yeas (Vote No. 221), Senate agreed to S. John G. Roberts, Jr., of Maryland, to be Chief Res. 233, expressing the condolences of the Nation Justice of the United States. to the victims of Hurricane Katrina, commending James M. Andrew, of Georgia, to be Adminis- the resiliency of the people of the States of Louisiana, trator, Rural Utilities Service, Department of Agri- Mississippi, and Alabama, and committing to stand culture. by them in the relief and recovery efforts. Michael W. Wynne, of Florida, to be Secretary of Pages S9630–31 the Air Force. Native Hawaiian Government Reorganization Donald C. Winter, of Virginia, to be Secretary of Act—Cloture Vote Vitiation: A unanimous-con- the Navy. sent agreement was reached providing that the Sen- Delores M. Etter, of Maryland, to be an Assistant ate vitiate the vote on the motion to invoke cloture Secretary of the Navy. on the motion to proceed to consideration of S. 147, Orlando J. Cabrera, of Florida, to be an Assistant to express the policy of the United States regarding Secretary of Housing and Urban Development. the United States relationship with Native Hawai- Jeffrey D. Jarrett, of Pennsylvania, to be an Assist- ians and to provide a process for the recognition by ant Secretary of Energy (Fossil Energy). the United States of the Native Hawaiian governing Santanu K. Baruah, of Oregon, to be Assistant entity. Page S9607 Secretary of Commerce for Economic Development. Death Tax Permanency Act—Cloture Vote Vitia- Lyons Gray, of North Carolina, to be Chief Finan- tion: A unanimous-consent agreement was reached cial Officer, Environmental Protection Agency. D875

VerDate Aug 18 2005 04:50 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE5.REC D06SEPT1 D876 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2005 Clay Lowery, of Virginia, to be a Deputy Under States, which was sent to the Senate on July 29, Secretary of the Treasury. 2005. Page S9692 John E. Maupin, Jr., of Tennessee, to be a Mem- Messages From the House: Page S9634 ber of the Social Security Advisory Board for a term expiring September 30, 2010. Executive Communications: Pages S9634–44 Ellen R. Sauerbrey, of Maryland, to be an Assist- Additional Cosponsors: Pages S9646–48 ant Secretary of State (Population, Refugees, and Mi- gration). Statements on Introduced Bills/Resolutions: Jacqueline Ellen Schafer, of the District of Colum- Pages S9648–91 bia, to be an Assistant Administrator of the United Additional Statements: Pages S9632–33 States Agency for International Development. Authority for Committees to Meet: Page S9691 Mark McKinnon, of Texas, to be a Member of the Broadcasting Board of Governors for a term expiring Record Votes: One record vote was taken today. August 13, 2008. (Total—221) Page S9631 Brenda LaGrange Johnson, of New York, to be Adjournment: Senate convened at 12 noon, and by Ambassador to Jamaica. unanimous consent adjourned at 6:24 p.m., until Alexander R. Vershbow, of the District of Colum- 10:30 a.m., on Wednesday, September 7, 2005. (For bia, to be Ambassador to the Republic of Korea. Senate’s program, see the remarks of the Majority David B. Dunn, of California, to be Ambassador Leader in today’s Record on page S9630.) to the Togolese Republic. Thomas A. Shannon, Jr., of Virginia, to be an As- sistant Secretary of State (Western Hemisphere Af- Committee Meetings fairs). Thomas O. Barnett, of Virginia, to be an Assist- (Committees not listed did not meet) ant Attorney General. James S. Halpern, of the District of Columbia, to GAS PRICES be a Judge of the United States Tax Court for a term of fifteen years. Committee on Energy and Natural Resources: Committee Emilio T. Gonzalez, of Florida, to be Director of concluded a hearing to examine gasoline prices and the Bureau of Citizenship and Immigration Services, factors contributing to current high prices such as Department of Homeland Security. global oil demand, constraints on refinery capacity, John M. Molino, of Virginia, to be an Assistant and increased speculation in the futures market, after Secretary of Veterans Affairs (Policy and Planning). receiving testimony from Rebecca Watson, Assistant Lisette M. Mondello, of Texas, to be an Assistant Secretary of the Interior for Land and Minerals Man- Secretary of Veterans Affairs (Public and Intergov- agement; Guy F. Caruso, Administrator, Energy In- ernmental Affairs). formation Administration, Department of Energy; George J. Opfer, of Virginia, to be Inspector Gen- James A. Overdahl, Chief Economist, Commodity eral, Department of Veterans Affairs. Futures Trading Commission; Bob Slaughter, Na- 3 Air Force nominations in the rank of general. tional Petrochemical and Refiners Association, 38 Army nominations in the rank of general. Washington, D.C.; William S. Shipley III, Shipley 1 Coast Guard nomination in the rank of admiral. Stores, LLC, York, Pennsylvania, on behalf of the Routine lists in the Air Force. Page S9692 National Association of Convenience Stores and the Nominations Withdrawn: Senate received notifica- Society of Independent Gasoline Marketers of Amer- tion of withdrawal of the following nomination: ica; Robert L.Darbelnet, AAA, Heathrow, Florida; John G. Roberts, Jr., of Maryland, to be an Asso- and John Dowd, Sanford C. Bernstein and Co., LLC, ciate Justice of the Supreme Court of the United New York, New York.

VerDate Aug 18 2005 04:50 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE5.REC D06SEPT1 September 6, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D877 House of Representatives crypt beneath the Rotunda of the Capitol in connec- Chamber Action tion with memorial services to be conducted in the Public Bills and Resolutions Introduced: 17 pub- Supreme Court Building for the late honorable Wil- lic bills, H.R. 3647–3663; and 4 resolutions, H. liam H. Rehnquist, Chief Justice of the United Con. Res. 233, and H. Res. 422–424, were intro- States. Page H7660 duced. Pages H7672–73 Senate Message: Messages received from the Senate Additional Cosponsors: Pages H7673–74 today appear on pages H7647 and H7658. Reports Filed: There were no reports filed today. Senate Referrals: S. 172 was referred to the Com- Suspensions: The House agreed to suspend the rules mittee on Energy and Commerce; S. 397 was held and pass the following measures: at the desk; and S. 501 was referred to the Com- mittee on Transportation and Infrastructure. Commemorating the 60th anniversary of V–J Page H7670 Day and the end of World War II in the Pacific: H. Res 360, commemorating the 60th anniversary of Recess: The House recessed at 7:23 p.m. and recon- V–J Day and the end of World War II in the Pa- vened at 10:41 p.m. Page H7661 cific, by a 2⁄3 yea-and-nay vote of 394 yeas with Quorum Calls—Votes: There were two yea-and-nay none voting ‘‘nay’’, Roll no. 454; and votes, and there were no Recorded votes. There were Pages H7650–55, H7659 no quorum calls. Pages H7659, H7659–60 Recognizing the 30th anniversary of the Hel- Adjournment: The House met at 2 p.m. and ad- sinki Final Act: S.J. Res. 19, amended, a joint reso- journed at 11:44 p.m. lution calling upon the President to issue a procla- mation recognizing the 30th anniversary of the Hel- sinki Final Act, by a 2⁄3 yea-and-nay vote of 393 Committee Meetings yeas to one nay, Roll no. 455. MANUFACTURING TECHNOLOGY Pages H7655–58, H7659–60 COMPETITIVENESS ACT Recess: The House recessed at 3:02 p.m. and recon- Committee on Rules: Testimony was heard from Chair- vened at 6:30 p.m. Page H7658 man Boehlert and Representatives Ehlers, Carnahan Member Sworn—Second Congressional District and Larson of Connecticut, but action was deferred of Ohio: Representative-elect Jean Schmidt pre- on H.R. 250, Manufacturing Technology Competi- sented herself in the well of the House and was ad- tiveness Act of 2005. ministered the Oath of Office by the Speaker. f Page H7658 Moment of Silence: The House observed a moment NEW PUBLIC LAWS of silence in memory of the victims of Hurricane (For last listing of Public Laws, see DAILY DIGEST, p. D865) Katrina. Page H7659 H.R. 3512, to provide an extension of administra- Communication from Associate Justice Antonin tive expenses for highway, highway safety, motor Scalia: Justice Scalia formally notified the House of carrier safety, transit, and other programs funded out the death of the Chief Justice of the United States, of the Highway Trust Fund pending enactment of a William H. Rehnquist. Page H7660 law reauthorizing the Transportation Equity Act for the 21st Century. Signed on July 30, 2005. (Public Expressing the profound sorrow of the House of Law 109–42) Representative on the death of the Honorable H.R. 3423, to amend the Federal Food, Drug, and William H. Rehnquist: The House agreed to with- Cosmetic Act with respect to medical device user out objection H. Res. 422, expressing the profound fees. Signed on August 1, 2005. (Public Law sorrow of the House of Representatives on the death 109–43) of the Honorable William H. Rehnquist, Chief Jus- H.R. 38, to designate a portion of the White tice of the United States. Page H7660 Salmon River as a component of the National Wild Providing for the use of the catafalque situated and Scenic Rivers System. Signed on August 2, in the crypt beneath the Rotunda of the Capitol: 2005. (Public Law 109–44) The House agreed to without objection S. Con. Res H.R. 481, to further the purposes of the Sand 52, providing for the use of the catafalque in the Creek Massacre National Historic Site Establishment

VerDate Aug 18 2005 04:50 Sep 07, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06SE5.REC D06SEPT1 D878 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 2005 Act of 2000. Signed on August 2, 2005. (Public substances from the United States to another country Law 109–45) for subsequent export from that country to a second H.R. 541, to direct the Secretary of Agriculture country, if certain conditions and safeguards are sat- to convey certain land to Lander County, Nevada, isfied. Signed on August 2, 2005. (Public Law and the Secretary of the Interior to convey certain 109–57) land to Eureka County, Nevada, for continued use as H.R. 6, to ensure jobs for our future with secure, cemeteries. Signed on August 2, 2005. (Public Law affordable, and reliable energy. Signed on August 8, 109–46) 2005. (Public Law 109–58) H.R. 794, to correct the south boundary of the H.R. 3, to authorize funds for Federal-aid high- Colorado River Indian Reservation in Arizona. ways, highway safety programs, and transit pro- Signed on August 2, 2005. (Public Law 109–47) grams. Signed on August 10, 2005. (Public Law H.R. 1046, to authorize the Secretary of the Inte- 109–59) rior to contract with the city of Cheyenne, Wyo- H.R. 1132, to provide for the establishment of a ming, for the storage of the city’s water in the controlled substance monitoring program in each Kendrick Project, Wyoming. Signed on August 2, State. Signed on August 11, 2005. (Public Law 2005. (Public Law 109–48) 109–60) H.J. Res. 59, expressing the sense of Congress H.R. 3645, making emergency supplemental ap- with respect to the woman suffragists who fought for propriations to meet immediate needs arising from and won the right of women to vote in the United the consequences of Hurricane Katrina, for the fiscal States. Signed on August 2, 2005. (Public Law year ending September 30, 2005. Signed on Sep- 109–49) tember 2, 2005. (Public Law 109–61) S. 571, to designate the facility of the United f States Postal Service located at 1915 Fulton Street in Brooklyn, New York, as the ‘‘Congresswoman Shir- CONGRESSIONAL PROGRAM AHEAD ley A. Chisholm Post Office Building’’. Signed on Week of September 7 through September 10, August 2, 2005. (Public Law 109–50) 2005 S. 775, to designate the facility of the United States Postal Service located at 123 W. 7th Street in Senate Chamber Holdenville, Oklahoma, as the ‘‘Boone Pickens Post On Wednesday, at 12 noon Senate expects to vote Office’’. Signed on August 2, 2005. (Public Law on a resolution relative to the death of Chief Justice 109–51) of the Supreme Court, William H. Rehnquist. S. 904, to designate the facility of the United On Thursday, Senate expects to begin consider- States Postal Service located at 1560 Union Valley ation of H.R. 2862, Science, State, Justice, Com- Road in West Milford, New Jersey, as the ‘‘Brian P. merce, Appropriations. Parrello Post Office Building’’. Signed on August 2, During the balance of the week, Senate expects to 2005. (Public Law 109–52) consider any other cleared legislative and executive H.R. 3045, to implement the Dominican Repub- business. lic-Central America-United States Free Trade Agree- ment. Signed on August 2, 2005. (Public Law Senate Committees 109–53) (Committee meetings are open unless otherwise indicated) H.R. 2361, making appropriations for the Depart- Committee on Banking, Housing, and Urban Affairs: Sep- ment of the Interior, environment, and related agen- tember 8, to hold hearings to examine the Commodity cies for the fiscal year ending September 30, 2006. Futures Modernization Act of 2000 and recent market de- Signed on August 2, 2005. (Public Law 109–54) velopments, 10 a.m., SD–538. H.R. 2985, making appropriations for the Legisla- Committee on Foreign Relations: September 8, to hold tive Branch for the fiscal year ending September 30, hearings to examine the nominations of Robert A. 2006. Signed on August 2, 2005. (Public Law Mosbacher, of Texas, to be President of the Overseas Pri- 109–55) vate Investment Corporation, Robert B. Holland III, of S. 45, to amend the Controlled Substances Act to Texas, to be United States Executive Director of the lift the patient limitation on prescribing drug addic- International Bank for Reconstruction and Development, and Jan E. Boyer, of Texas, to be United States Alternate tion treatments by medical practitioners in group Executive Director of the Inter-American Development practices. Signed on August 2, 2005. (Public Law Bank, 2:30 p.m., SD–419. 109–56) Committee on Health, Education, Labor, and Pensions: Sep- S. 1395, to amend the Controlled Substances Im- tember 8, committee will meet to discuss rebuilding lives port and Export Act to provide authority for the At- and communities regarding Hurricane Katrina, 10 a.m., torney General to authorize the export of controlled SD–430.

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September 8, Full Committee, business meeting to Committee on Homeland Security, September 7, Sub- consider proposed Higher Education Amendment Acts of committee on Economic Security, Infrastructure Protec- 2005, proposed Defined Benefit Security Act of 2005, tion, and Cybersecurity, hearing entitled ‘‘The London and Title VII to proposed 2005 Spending Reconciliation Bombings: Protecting Civilian Targets from Terrorist At- Bill, 3 p.m., SD–430. tacks,’’ 10 a.m., 311 Cannon. Committee on the Judiciary: September 8, business meet- September 8, Subcommittee on Prevention of Nuclear ing to consider pending calendar business, 9:30 a.m., and Biological Attack, hearing entitled ‘‘WMD Terrorism SD–226. and Proliferant States,’’ 11 a.m., room to be announced. Select Committee on Intelligence: September 7, to receive a Committee on International Relations, September 8, hear- closed briefing regarding certain intelligence matters, ing entitled ‘‘The U.S. and India: An Emerging En- 1:30 p.m., SH–219. tente?’’ 10:30 a.m., 2172 Rayburn. House Committees Committee on the Judiciary, September 8, Subcommittee Committee on Agriculture, September 7, to review. Kelo on Courts, the Internet, and Intellectual Property, over- v. City of New London U.S. Supreme Court decision and sight hearing entitled ‘‘Review of U.S. Patent and Trade- H.R. 3405, Strengthening the Ownership of Private mark Office operations, including analysis of Government Property Act of 2005, 10 a.m., 1300 Longworth. Accountability Office, Inspector General, and National Committee on Appropriations, September 7, Subcommittee Academy of Public Administration Reports,’’ 1 p.m., on Foreign Operations, Export Financing, and Related 2141 Rayburn. Programs, hearing on Iraq Reconstruction, 10 a.m., 2359 September 8, Subcommittee on Immigration, Border Rayburn. Security, and Claims, to mark up H.R. 1219, Security Committee on Energy and Commerce, September 7, hearing and Fairness Enhancement for America Act of 2005, on Recovering from Hurricane Katrina, 11 a.m., 2123 10:30 a.m., followed by an oversight hearing entitled Rayburn. ‘‘Sources and Methods of Foreign Nationals in Economic September 8, Subcommittee on Environment and Haz- and Military Espionage,’’ 11:30 a.m., 2141 Rayburn. ardous Materials, hearing entitled ‘‘Electronic Waste: An Committee on Small Business, September 8, Subcommittee Examination of Current Activity, Implications for Envi- on Workforce, Empowerment, and Government Pro- ronmental Stewardship, and the Proper Federal Role,’’ 1 grams, hearing entitled ‘‘Freedom in the Workplace—An p.m., 2322 Rayburn. Examination of a National Right to Work Law,’’ 10 a.m., Committee on Government Reform, September 7, Sub- 311 Cannon. committee on Criminal Justice, Drug Policy and Human Permanent Select Committee on Intelligence, September 8, Resources, hearing entitled ‘‘Women and Cancer—Where executive, Briefing on Global Updates/Hotspots, 9 a.m., Are We in Prevention, Early Detection and Treatment of H–405 Capitol. Gynecologic Cancers?’’ 10 a.m., 2154 Rayburn.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED NINTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through July 31, 2005 January 4 through July 31, 2005

Senate House Total Civilian nominations, totaling 349, disposed of as follows: Days in session ...... 101 87 . . Confirmed ...... 195 Time in session ...... 768 hrs., 58′ 665 hrs., 9′ .. Unconfirmed ...... 147 Congressional Record: Withdrawn ...... 5 Pages of proceedings ...... 9,591 7,614 . . Returned to White House ...... 2 Extensions of Remarks ...... Public bills enacted into law ...... 9 33 42 Private bills enacted into law ...... Other Civilian nominations, totaling 1,379, disposed of as follows: Bills in conference ...... 5 4 . . Confirmed ...... 1,139 Measures passed, total ...... 337 392 729 Unconfirmed ...... 240 Senate bills ...... 93 14 . . House bills ...... 46 148 . . Senate joint resolutions ...... 2 . . . . Air Force nominations, totaling 8,300, disposed of as follows: House joint resolutions ...... 4 6 . . Confirmed ...... 5,829 Senate concurrent resolutions ...... 14 6 . . Unconfirmed ...... 2,471 House concurrent resolutions ...... 25 56 . . Simple resolutions ...... 153 162 . . Army nominations, totaling 4,684, disposed of as follows: Measures reported, total ...... *155 *205 360 Senate bills ...... 120 2 . . Confirmed ...... 4,663 House bills ...... 13 120 . . Unconfirmed ...... 21 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 2 . . Navy nominations, totaling 2,113, disposed of as follows: Senate concurrent resolutions ...... 1 . . . . House concurrent resolutions ...... 5 . . Confirmed ...... 2,108 Simple resolutions ...... 19 76 . . Unconfirmed ...... 5 Special reports ...... 10 5 . . Conference reports ...... 6 . . Marine Corps nominations, totaling 1,300, disposed of as follows: Measures pending on calendar ...... 120 62 . . Confirmed ...... 1,298 Measures introduced, total ...... 1,904 4,360 6,264 Unconfirmed ...... 2 Bills ...... 1,602 3,644 .. Joint resolutions ...... 22 63 . . Concurrent resolutions ...... 50 232 . . Summary Simple resolutions ...... 230 421 . . Quorum calls ...... 3 1 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 220 204 . . Total nominations received this Session ...... 18,125 Recorded votes ...... 248 . . Total confirmed ...... 15,232 Bills vetoed ...... Total unconfirmed ...... 2,886 Vetoes overridden ...... Total withdrawn ...... 5 Total returned to the White House ...... 2 * These figures include all measures reported, even if there was no accom- panying report. A total of 121 reports have been filed in the Senate, a total of 216 reports have been filed in the House.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED NINTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through August 31, 2005 January 4 through August 31, 2005

Senate House Total Civilian nominations, totaling 349, disposed of as follows: Days in session ...... 101 87 . . Confirmed ...... 195 Time in session ...... 768 hrs., 58′ 665 hrs., 9′ .. Unconfirmed ...... 147 Congressional Record: Withdrawn ...... 5 Pages of proceedings ...... 9,591 7,614 . . Returned to White House ...... 2 Extensions of Remarks ...... Public bills enacted into law ...... 14 46 60 Private bills enacted into law ...... Other Civilian nominations, totaling 1,379, disposed of as follows: Bills in conference ...... 5 4 . . Confirmed ...... 1,139 Measures passed, total ...... 337 392 729 Unconfirmed ...... 240 Senate bills ...... 93 14 . . House bills ...... 46 148 . . Senate joint resolutions ...... 2 . . . . Air Force nominations, totaling 8,300, disposed of as follows: House joint resolutions ...... 4 6 . . Confirmed ...... 5,829 Senate concurrent resolutions ...... 14 6 . . Unconfirmed ...... 2,471 House concurrent resolutions ...... 25 56 . . Simple resolutions ...... 153 162 . . Army nominations, totaling 4,684, disposed of as follows: Measures reported, total ...... *163 *205 368 Senate bills ...... 127 2 . . Confirmed ...... 4,663 House bills ...... 14 120 . . Unconfirmed ...... 21 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 2 . . Navy nominations, totaling 2,113, disposed of as follows: Senate concurrent resolutions ...... 1 . . . . House concurrent resolutions ...... 5 . . Confirmed ...... 2,108 Simple resolutions ...... 19 76 . . Unconfirmed ...... 5 Special reports ...... 10 5 . . Conference reports ...... 6 . . Marine Corps nominations, totaling 1,300, disposed of as follows: Measures pending on calendar ...... 120 62 . . Confirmed ...... 1,298 Measures introduced, total ...... 1,904 4,360 5,962 Unconfirmed ...... 2 Bills ...... 1,602 3,644 .. Joint resolutions ...... 22 63 . . Concurrent resolutions ...... 50 232 . . Summary Simple resolutions ...... 230 421 . . Quorum calls ...... 3 1 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 220 204 . . Total nominations received this Session ...... 18,125 Recorded votes ...... 248 . . Total confirmed ...... 15,232 Bills vetoed ...... Total unconfirmed ...... 2,886 Vetoes overridden ...... Total withdrawn ...... 5 Total returned to the White House ...... 2 * These figures include all measures reported, even if there was no accom- panying report. A total of 131 reports have been filed in the Senate, a total of 216 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, September 7 10 a.m., Wednesday, September 7

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 12 noon), Senate (1) H.R. 1215, Green Chemistry Research and Develop- expects to vote on a resolution expressing the sense of the ment Act of 2005; (2) H.R. 230, National Small Business Senate relative to the death of William Rehnquist, Chief Regulatory Assistance Act of 2005; and (3) H.R. 3207, Justice of the Supreme Court. Second-stage Small Business Development Act of 2005. Begin consideration of H.R. 250, Manufacturing Tech- nology Competitiveness Act of 2005.

Extensions of Remarks, as inserted in this issue

HOUSE Kildee, Dale E., Mich., E1759 Pickering, Charles W. ‘‘Chip’’, Miss., E1763, E1763 Kind, Ron, Wisc., E1760 Rahall, Nick J., II, W.Va., E1761 Aderholt, Robert B., Ala., E1752 Kolbe, Jim, Ariz., E1753 Roybal-Allard, Lucille, Calif., E1758 Baca, Joe, Calif., E1753, E1754, E1755 LaHood, Ray, Ill., E1759 Sa´ nchez, Linda T., Calif., E1757 Brown-Waite, Ginny, Fla., E1753, E1754, E1755, E1756, McCollum, Betty, Minn., E1757, E1759, E1762 Saxton, Jim, N.J., E1761 E1756, E1756, E1757, E1757 McCotter, Thaddeus G., Mich., E1749, E1750, E1751, Scott, David, Ga., E1751 Butterfield, G.K., N.C., E1756 E1753 Serrano, Jose´ E., N.Y., E1755 DeLauro, Rosa L., Conn., E1758, E1759 Michaud, Michael H., Me., E1756 Sherman, Brad, Calif., E1752 Duncan, John J., Jr., Tenn., E1752 Miller, Jeff, Fla., E1750 Stark, Fortney Pete, Calif., E1749 Farr, Sam, Calif., E1749, E1756, E1761 Moran, Jerry, Kans., E1760 Tancredo, Thomas G., Colo., E1751 Kanjorski, Paul E., Pa., E1749, E1751 Paul, Ron, Tex., E1758, E1760 Weller, Jerry, Ill., E1762

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