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

Vol. 152 WASHINGTON, WEDNESDAY, MAY 3, 2006 No. 51 House of Representatives The House met at 10 a.m. and was THE JOURNAL 1995, when he came to Florida to serve called to order by the Speaker pro tem- The SPEAKER pro tempore. The in LaBelle. He received a bachelor of pore (Mr. BONNER). Chair has examined the Journal of the arts in 1979 from Southeastern Lou- last day’s proceedings and announces isiana University in Hammond, Lou- f to the House his approval thereof. isiana. In 1982, he received a master’s Pursuant to clause 1, rule I, the Jour- of divinity from New Orleans Baptist DESIGNATION OF THE SPEAKER nal stands approved. Theological Seminary. Pastor Deerey PRO TEMPORE was licensed and ordained as a minister f The SPEAKER pro tempore laid be- and has served as youth pastor, asso- fore the House the following commu- PLEDGE OF ALLEGIANCE ciate pastor and pastor at four Lou- isiana churches. nication from the Speaker: The SPEAKER pro tempore. Will the WASHINGTON, DC, Since moving to Florida, Reverend gentleman from Florida (Mr. MEEK) May 3, 2006. Deerey has been actively involved in come forward and lead the House in the I hereby appoint the Honorable JO BONNER the community as president of the to act as Speaker pro tempore on this day. Pledge of Allegiance. local unit of the Salvation Army and is J. DENNIS HASTERT, Mr. MEEK of Florida led the Pledge currently serving the Hendry County Speaker of the House of Representatives. of Allegiance as follows: Sheriff’s Office as chaplain. I pledge allegiance to the Flag of the Pastor Deerey is married and has two f United States of America, and to the Repub- children. His wife, Cathy, joins us lic for which it stands, one nation under God, today, and has taught in public schools PRAYER indivisible, with liberty and justice for all. for 27 years and currently is a school The Reverend Frank M. Deerey, Jr., f guidance counselor. His son is a grad- Senior Pastor, First Baptist Church, WELCOMING THE REVEREND uate of Embry-Riddle Aeronautic Uni- LaBelle, Florida, offered the following FRANK M. DEEREY, JR. versity in Daytona, Florida, and his prayer: daughter is currently enrolled in Edi- Dear Heavenly Father, this morning (Mr. FOLEY asked and was given per- son College in Fort Myers, Florida. I ask Your blessing upon the men and mission to address the House for 1 It is a great pleasure to join our women who are gathered to conduct minute and to revise and extend his re- friends in LaBelle in welcoming Pastor business as representatives for the peo- marks.) Frank to the House Chamber to open ple of this great Nation. God, each of Mr. FOLEY. Mr. Speaker, I rise our legislative day with prayer and these leaders has a need on his or her today to welcome our guest chaplain, thank him for all his services, not only heart, and I pray that You will be rec- the Reverend Frank Michael Deerey, to LaBelle but all of Florida. ognized as a God who will meet every Jr., who is currently serving as senior f need as You are called on to provide pastor at the First Baptist Church of strength, wisdom and the discernment LaBelle, Florida. COSPONSOR H.R. 4992, PUT to make difficult decisions that will af- I first met Pastor Deerey during a VETERANS’ NEEDS FIRST fect so many people of the United visit with Governor Jeb Bush after (Mrs. KELLY asked and was given States. Hurricane Wilma hit south Florida, permission to address the House for 1 Father, I pray for these leaders, who and we witnessed First Baptist Church minute and to revise and extend her re- have been given the awesome responsi- of LaBelle’s humanitarian operation marks.) bility to lead, that You will guide them for the hurricane victims who were in Mrs. KELLY. Mr. Speaker, we must to lead in a way that pleases You and need of a hot shower, meals, clothing always keep the promises we have strengthens Your plan for this country. and other resources. LaBelle is a small made to our veterans who have dedi- You have blessed the United States in- city with a big heart, and that was cated themselves to faithfully serving credibly, and we give You praise for truly visible under Pastor Deerey’s our country. However, under current these blessings. Father, guide us to re- leadership, as his church rallied along law, veterans are being prohibited from member the words of the Psalmist to, with the community to help those who using Medicare coverage at local VA ‘‘Know that the Lord is God. It is He were adversely affected by the wrath of hospitals. They can only use Medicare who made us; we are His people and the Hurricane Wilma. at non-VA hospitals, and they lose out sheep of His pasture.’’ In Jesus’ Name, Pastor Deerey was born in New Orle- on the personalized care they prefer to I pray. Amen. ans, Louisiana, and lived there until receive at VA hospitals. This forces

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

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VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.000 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1984 CONGRESSIONAL RECORD — HOUSE May 3, 2006 veterans to choose between cost and Royal Dutch Shell has announced travel to Mexico for summer vacation comfort. That is not the way our vet- that the Motiva Refining Plant in Port will now legally be able to use cocaine, erans should be treated. Arthur, Texas, will expand to become heroin, ecstasy, and marijuana. I have introduced the Veterans Medi- the biggest refinery in the United How much is okay? Two ecstasy pills, care Assistance Act to correct this States. Construction will begin next four joints, four lines of cocaine and 25 problem. Our laws should be working year. Currently, ExxonMobil, in Bay- milligrams of heroin are now all al- for veterans, not against them. I urge town, Texas, is the biggest refinery in lowed, according to Vicente Fox. Who my colleagues to join me in this effort America. By the way, Mr. Speaker, is advising this guy, Courtney Love? to enable our veterans to use their both of these refineries are in the en- What a year President Fox is having. Medicare benefits to help them pay ergy belt of the Texas gulf coast. Earlier this year, his Mexican govern- their bills at VA hospitals. To get back on the path of energy ment provided maps to illegals to help Most veterans pay into Medicare for self-reliance, the United States needs them cross our borders. Then, his Mexi- most of their lives. This law should not more American refineries and more off- can military soldiers got caught pro- prohibit them from using those Medi- shore drilling. The country has not viding an armed escort to Mexican care benefits at VA hospitals later on built a new refinery in over 25 years be- drug smugglers into Texas. Now he in their lives. Cosponsor H.R. 4992 and cause of burdensome bureaucratic Fed- wants Congress to reward millions of show our veterans that we are putting eral regulations and environmental en- illegal aliens with amnesty and perma- their needs first. ergy obstructionists. Congress needs to nent citizenship so they can earn We need to work together in Con- encourage refinery development and money here and send it back to Mexico. gress to enhance health care options offshore drilling. That will increase Vicente Fox says he’s our friend. for our veterans, not take them away. supply so that the gasoline price at the With friends like these, who needs en- f pump comes down to an acceptable emies? American consumer level. RAISING QUESTIONS ABOUT THE f The people of southeast Texas wel- PRESIDENT’S FLU PLAN SOARING GAS PRICES come Motiva’s new progress, and we (Mr. EMANUEL asked and was given congratulate them on this endeavor. (Mr. STUPAK asked and was given permission to address the House for 1 That’s just the way it is. permission to address the House for 1 minute and to revise and extend his re- f minute and to revise and extend his re- marks.) marks.) Mr. EMANUEL. Mr. Speaker, later REPUBLICAN CONGRESS CON- Mr. STUPAK. Mr. Speaker, it seems this morning, the President will unveil TINUES TO WASTE OPPORTUNI- almost everyone these days is right- his plan for responding to a flu pan- TIES fully outraged at the massive profits of demic. The Homeland Security Depart- (Mr. BLUMENAUER asked and was oil and gas executives and companies. ment will be playing a key role in the given permission to address the House While they are raking in record profits, response. That is right, the pandemic for 1 minute and to revise and extend gas prices hit historic highs. That is, flu response will be brought to you by his remarks.) everyone except House Republicans. the same people who gave us one heck Mr. BLUMENAUER. We have just It is not enough that Republicans of a job in responding to Hurricane heard an example of the Republican supported provisions in the energy bill Katrina. line of why there is an energy problem: last year that provided oil companies The other great initiatives were duct We haven’t built new refineries because with $20 billion in special interest gifts tape as a national response to chemical of burdensome environmental regula- while neglecting to include any real weapons and the Dubai Ports fiasco. tions. Hogwash. initiatives that would lower gas prices, According to reports, the President’s We have had the industry actually but House Republicans then repeatedly plan predicts chaos, quote-unquote, close refinery capacity. There is no evi- refused to support Democratic efforts with a scenario of nearly 2 million dence that there is an inability to build to give the Federal Trade Commission American deaths. Given the Depart- refineries. Sadly, we are continuing the the authority to investigate all price ment of Homeland Security’s track spectacle of the Republican control in gouging at all points of the supply record, are these really the folks you Congress to waste opportunities and chain. And last week, House Repub- want in charge of managing our re- try to change the subject, whether it is licans had the opportunity to roll back sponse to a crisis of this magnitude? wasting subsidies on oil companies $5 billion in additional tax breaks for The Homeland Security Department that don’t need them or starving re- oil companies over the next 5 years but had a plan for New Orleans: they just newables and conservation. voted overwhelmingly to reject this ignored it. And the parts they did fol- The latest debacle is scheduled here Democratic proposal. low were so bungled and mismanaged, on the floor in a few hours, where they Are House Republicans that far out we are still dealing with the aftermath. will force communities to accept refin- of touch? Don’t they realize that com- Mr. Speaker, no well-funded plan can eries on closed military bases, with no panies with profits of $130 billion last go forward without a good general. At committee markups, no hearings and year do not need tax breaks? Mr. a time in which we need Grant, we no meaningful records. Speaker, the cozy relationship House have got McClellan. Forget the com- There will come a time when Con- Republicans have with oil and gas ex- passionate conservative this President gress will act like a Congress, will leg- ecutives is hurting everyday Ameri- promised; at this point, I would settle islate on energy, on conservation, on cans who are struggling to pay record for a competent conservative. innovation and prepare for the future, prices at the pump. f but, sadly, not with this Republican f leadership. BIGGEST REFINERY IN TEXAS U.S. LEADS WORLD IN COAL f (Mr. POE asked and was given per- (Mr. SHIMKUS asked and was given mission to address the House for 1 CONDEMNING MEXICAN PRESI- permission to address the House for 1 minute and to revise and extend his re- DENT FOR LEGALIZING DRUGS minute and to revise and extend his re- marks.) (Mr. KELLER asked and was given marks.) Mr. POE. Mr. Speaker, part of the permission to address the House for 1 Mr. SHIMKUS. Mr. Speaker, the reason gasoline prices have jumped to minute and to revise and extend his re- problem we have is our reliance on im- record highs is because there have been marks.) ported crude oil. The way we try to ad- no new refineries or major refinery ex- Mr. KELLER. Mr. Speaker, Vicente dress this solution is through renew- pansion in America. United States re- Fox, the president of Mexico, is at it able fuels, conservation, additional ex- fineries are at 97 percent capacity turn- again. Yesterday, he said he would sign ploration and new technologies. I want ing that black gold into gasoline at a into law an irresponsible law legalizing to talk about one of those new tech- rapid rate, but there is a tremendous the possession of drugs. As a result, nologies today, which is coal-to-liquid demand for more refining capacity. millions of American young people who application, called Btu conversion.

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.003 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1985 Imagine this: a coal mine in the Mid- First, Democrats do not acknowledge ity want. It is what the American peo- west, on top of which sits a refinery, a the supply component in the supply ple want and need. liquid fuel refinery. Sound far fetched? and demand principle of economics. On energy, we should be exploring for Well, this technology has been around When confronted with solutions to the domestic sources of energy. We should for 50 years. The Germans used it in supply problem, Democrats always pass the energy legislation that is World War II. vote ‘‘no’’ and drive up prices. going to come before this body this The refinery bill that we have on the Step two for Democrats is to scream week. We should define price gouging, floor of the House today will provide about the evil of SUVs, even though set some penalties, encourage con- the same incentives to expansion of pe- they may be driven around in one. struction of refineries. Currently, we troleum refineries to coal-to-liquid ap- Step three for Democrats is to call are not doing that. plications. for investigations, point fingers, call Liberals in Congress have spent the Mr. Speaker, the U.S. has 27 percent for investment in R&D that already ex- past three decades pandering to envi- of the world coal supply, the largest of ists, and say that if it weren’t for those ronmental extremists. The policies any country, but less than 2 percent of darn Republicans, we could get off oil they have put in place are in large part the world’s oil and less than 3 percent tomorrow. responsible for the energy crunch we of the world’s natural gas. For a force- Finally, step four for Democrats is are seeing today. We have not built a ful response to the energy challenge, repeating steps one, two and three refinery in this country for 30 years. the U.S. must make much greater use until voters and the media stop paying Mr. Speaker, the liberals need to of its unrivaled coal reserves. attention. start serving American families and stop serving special interests. f Mr. Speaker, if this sounds familiar, it should. Since President Clinton ve- f b 1015 toed ANWR in 1995, Democrats have PHONY LOBBYING REFORM BILL ENERGY POLICY performed this dance when it comes to (Mr. BERRY asked and was given increasing our energy supply. But with (Mr. LANGEVIN asked and was given permission to address the House for 1 gas reaching $3 a gallon, Democrats permission to address the House for 1 minute and to revise and extend his re- need to retire it and learn a new dance, minute and to revise and extend his re- marks.) marks.) but they should try to learn one that Mr. BERRY. Mr. Speaker, first of all, Mr. LANGEVIN. Mr. Speaker, as of will actually increase our oil supply. I would ask that everyone remember this morning, Rhode Islanders are pay- f our men and women in uniform and ing on average $2.92 a gallon for gaso- ADDRESSING ENERGY NEEDS keep them in your hearts and minds line. That is 40 cents more than they and certainly in your prayers, espe- (Mrs. MALONEY asked and was given were paying a month ago and 70 cents cially those on the battlefield today. permission to address the House for 1 more than a year ago. Today, the Republican Congress is minute and to revise and extend her re- Last year, Congress passed an energy going to attempt to extend the culture marks.) bill which I opposed because it gave of corruption and chaos. They are Mrs. MALONEY. Mr. Speaker, when away billions of tax dollars to oil and going to offer a so-called lobbying re- President Bush took office 5 years ago, gas companies, instead of investing in form bill. It makes me think of that the average price at the gas pump was new technologies, alternative fuels and wonderful American, Merle Haggard, $1.45. It has more than doubled over the energy efficiency. who wrote a song called ‘‘Rainbow past 5 years. And Republicans over the As it turns out, oil and gas prices Stew.’’ It goes something like this: past 5 years have controlled the House, have gone up since we passed the Re- When a President goes through the the Senate and the White House. Wash- publican energy bill. And you know White House door and does what he ington Republicans have done nothing what else has gone up? The profits of says he’ll do, we’ll all be drinking that to pass a sound energy policy that oil and gas companies. Now the Repub- free Bubble-Up and eating that rainbow would wean us from foreign oil, create lican majority is proposing even more stew. giveaways to the oil and gas industry conservation programs, and provide in- This bill is clearly rainbow stew. It is by handing over Federal lands to open centives to develop alternative fuels, a phony lobbying reform bill. America refineries and by opening up ANWR. programs that would help us provide deserves better. America deserves in- Mr. Speaker, enough is enough. We consumers some relief. tegrity. America deserves honor. And cannot simply drill our way out of this It took Republicans 4 years before they certainly don’t deserve another crisis. Growing demand from China and they finally passed an energy bill, but dose of rainbow stew and free Bubble- India and other countries is going to that bill continued massive subsidies Up. keep the cost of oil high for years to to the oil industry like the rip-off f come, and subsidies to the oil and gas ‘‘royalty in kind’’ program. The Presi- industry will not change that. We need dent’s own Energy Department admit- ECONOMIC BOOM IN AMERICA new leadership that will promote an ted at the time that the energy bill (Mr. WILSON of South Carolina energy policy that encourages new would do absolutely nothing to lower asked and was given permission to ad- technologies, energy efficiency and cre- gas prices. Five years of Republican dress the House for 1 minute and to re- ates American jobs. power, and 5 years of no positive re- vise and extend his remarks.) This morning on the ‘‘Today Show,’’ sults for the consumer. Mr. WILSON of South Carolina. Mr. the chairman of ExxonMobil said they f Speaker, America’s economy continues were in the business of making money. IMMIGRATION AND ENERGY to surge ahead, delivering tremendous Well, we are in the business of pro- PRICES benefits to families throughout our tecting the American people, and it is country. about time this Congress does its job. (Mrs. BLACKBURN asked and was Over the past 3 years, over 5.1 million given permission to address the House f Americans have found new jobs. I am for 1 minute and to revise and extend glad that my visitors from Grace Chris- THE FOUR-STEP DANCE her remarks.) tian School will enjoy expanded job op- (Ms. FOXX asked and was given per- Mrs. BLACKBURN. Mr. Speaker, it is portunities, inspired by Jeanne Sleigh- mission to address the House for 1 quite obvious that everyone is talking er and Tim Stevens. minute and to revise and extend her re- about the issues of the day: immigra- While House Democrats ignore this marks.) tion and energy prices. And too many continued job creation, it is obvious Ms. FOXX. Mr. Speaker, in country in this body are overcomplicating the that the 2003 tax cuts were the true line dancing there is a dance called the issue. It is really not that hard. On im- source behind the tremendous eco- two-step. When it comes to energy pol- migration, secure the border, build a nomic growth in our country. icy, the Democrats have come up with wall if necessary. Secure the border. It Last week, we witnessed another ex- their own dance, the four-step. Here is is what our constituents in Tennessee ample of economic excellence in Amer- how it goes: want. It is what the Republican major- ica. Last Friday, the Department of

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.004 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1986 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Commerce reported that the economy Mr. Speaker, this is a tremendous ligation to address our country’s en- grew by 4.8 percent over the past 3 positive turnaround in just a few years ergy crisis. months, which is the fastest rate in 3 for our children. I am pleased with the Last week, ExxonMobil announced it years. momentous progress we have made in had made $8.4 billion in a quarter, the As Republicans finalize our plans to our Nation’s capital and statehouses. first quarter of this year. Now why extend the 2003 tax cuts, I urge House I encourage all of us who work here should the Federal Government give Democrats to abandon their tax-and- or visit the Capitol today to stop by handouts to a company that made $8 spend plans. Instead of playing the pol- the Cannon Caucus Room from 11:30 to billion in 3 months? itics of obstructionism, they should 4:00 and learn more about asthma. Get I urge my colleagues to support this join Republicans in implementing screened, take the test, and let us revenue-neutral bill. It gives money meaningful tax reform. enjoy another successful Asthma back to the taxpayers, it stops the In conclusion, God bless our troops; Awareness Day. needless oil company giveaways, and it and we will never forget September 11. f gives consumers relief when they need f it the most. TOUGH BORDER SECURITY NOW COVER THE UNINSURED WEEK f (Mrs. MILLER of Michigan asked and (Ms. SOLIS asked and was given per- was given permission to address the b 1030 mission to address the House for 1 House for 1 minute and to revise and minute and to revise and extend her re- LET’S KEEP AMERICA GOING TO extend her remarks.) WORK marks.) Mrs. MILLER of Michigan. Mr. Ms. SOLIS. Mr. Speaker, today I rise Speaker, the situation at our porous (Mr. CARTER asked and was given in support of the goals of Cover the Un- borders is absolutely in a state of permission to address the House for 1 insured Week. Nearly 46 million Ameri- emergency. We are all hearing this minute.) cans, including more than 8 million message from our constituents in a va- Mr. CARTER. Mr. Speaker, this children, are living without health in- riety of ways. This morning, I wanted morning, and every morning in my surance. More than one-third are to share a very clear message that I re- memory, members of my district, Latinos, 20 percent are African Ameri- ceived from one of my constituents. Americans all across this country and cans, and about 19 percent are Asian A constituent of mine actually sent my colleagues in the Democratic Party Pacific Islanders who lack any form of me this brick in the mail. On this brick went out and got in their cars, started health care insurance. In California, it says, ‘‘Since the U.S. Government them up and drove to work or drove to one out of five uninsured is a child seems to be struggling with the illegal school. They wouldn’t have done that if under the age of 18. immigration problem, I thought I there hadn’t been gasoline or diesel in Many current health proposals of- those automobiles. And yet, the Demo- fered by Republicans will do more would send you the means to begin solving the problem. This brick is sent crats have been opposing refining ca- harm than help people living in dis- pacity, opposing pipelines, opposing tricts like mine. Association health to support stronger border security.’’ Mr. Speaker, the American people drilling in ANWR, opposing going to plans which ignore our State regula- are demanding action. Last December, the reserves that we know are avail- tions are not working for families. this House passed a very good border able if we will just drill the wells and Health saving accounts will do nothing security bill that would in fact put this produce the petrochemicals that are to improve the well-being of our fami- brick to very good use in building a se- necessary to keep this country run- lies in districts like mine. curity fence on our southern border. ning. Instead, Congress should be taking The reason we have got the problem action to ensure that no child has to The debate in the other body is now turning toward amnesty for those who today is obstructionism to solve the skip needed health care examinations. problem which is, let’s put gas and die- We should ensure that working fami- have come here illegally, and that is the wrong direction for America. We sel in our tanks so we can keep Amer- lies never have to choose between ica going to work. going to see a doctor and putting food cannot offer amnesty or expanded op- on the table. We must work to elimi- portunities for guest workers until we f deal with the problem at hand. nate racial and ethnic health care dis- RECORD PROFITS FOR OIL I urge the U.S. Senate to listen to parities. COMPANIES Together, minorities comprise about the people, to look at the bill that was (Mr. KUCINICH asked and was given 46 percent of the uninsured population. passed by this House in December and, permission to address the House for 1 All these groups represent only 24 per- as this brick says, support stronger minute and to revise and extend his re- cent of the U.S. population. However, border security. marks.) insurance coverage is an important f Mr. KUCINICH. Everyone knows the predictor of whether individuals obtain 60-DAY FUEL TAX HOLIDAY oil companies are posting record prof- health-promoting and life-extending (Ms. LORETTA SANCHEZ of Cali- its. Oil companies are blaming every- services. fornia asked and was given permission one but themselves for large gas price f to address the House for 1 minute and increases. The consumer is being ASTHMA AWARENESS DAY to revise and extend her remarks.) gouged, and oil companies continue to (Mr. STEARNS asked and was given Ms. LORETTA SANCHEZ of Cali- avoid their responsibility. permission to address the House for 1 fornia. Mr. Speaker, we are now just The most recent data for the Nation minute and to revise and extend his re- about 3 weeks away from the Memorial shows the average price of gas is close marks.) Day holiday, and a gallon of gas in my to $3 a gallon. Gas prices increasing; Mr. STEARNS. Mr. Speaker, today is district costs $3.38. Look at this photo wages across the Nation dropping. Gas Asthma Awareness Day 2006. from home, $3.38 for unleaded, the prices hurt even more because folks On Asthma Awareness Day, May 7, cheap stuff. It is now cheaper to buy a have less money to pay for them. You 2003, there were only 20 asthma-friend- fast-food lunch than it is for people in know what is going on? People are ac- ly States in the United States. Even Riverside to drive to Anaheim. tually going into their change jars to more limiting, of those 20, only nine Before the Memorial Day holiday, let go to the gas station to be able to pay extended protection even further to an- us give America a fuel tax holiday: 60 for the increased cost of gas. Some peo- aphylaxis medication, like epinephrine days with no gas tax. ple are hocking their jewelry to be able auto-injectors. I will be the first to admit this is a to pay for the increased price of gas. Today, historically, 47 States protect short-term solution to a long-term Price gouging is occurring as the oil for asthma and 38 for asthma plus ana- problem. But the American people companies are reaping profits close to phylaxis, and the final three States should not need to suffer the pain at $300 billion since 2001. Time for a wind- have legislation pending to allow stu- the pump simply because this Repub- fall profit tax. Time for a bill, the Gas dents to carry their medication. lican-led Congress has forsaken its ob- Price Spike Act. Over 50 Members of

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.006 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1987 Congress want a windfall profits tax. born. So far, we are in the 123rd day of make a mistake. More than 70 percent That is what the oil companies under- this year, and yet we have only had 26 of seniors are asking for more time. It stand. When we get that up to 100 co- voting days in this body. That is a is long overdue for Congress to listen sponsors, then the oil companies are shame. and make sure that seniors have a pre- going to start backing off, because This Congress is simply not doing its scription drug plan that works for right now, their foot is on the accel- job under Republican leadership. They them. erator. They are looking at $3 a gallon, are the ones that set the schedule. $4 a gallon, $5 a gallon. Harry Truman called that Congress of f We have to stand up for the Amer- 1948 the ‘‘Do Nothing Congress’’ of 1948. CAPTURE OF MICHAEL BENSON ican people, and that is what we are How do you do less than nothing? here to do. Sadly, the American people are about (Mr. KENNEDY of Minnesota asked f to find out, thanks to our friends on and was given permission to address the other side of the aisle. the House for 1 minute.) A NEW APPROACH TO ENERGY f Mr. KENNEDY of Minnesota. Mr. PROBLEMS Speaker, I rise today, as a Member of (Mr. JINDAL asked and was given COMMENDING STANLY COUNTY Congress and a parent, to thank the permission to address the House for 1 NATIVE AND AMERICAN IDOL many law enforcement officers whose minute.) CONTESTANT KELLIE PICKLER hard work resulted in yesterday’s cap- Mr. JINDAL. Mr. Speaker, the Na- (Mr. HAYES asked and was given ture of escaped child sexual predator tion’s energy prices continue to rise. permission to address the House for 1 Michael Benson. Families and businesses are feeling the minute and to revise and extend his re- I would also commend John Walsh pinch. We are paying the price for dec- marks.) and the viewers of ‘‘America’s Most ades of extra taxes, poor energy policy, Mr. HAYES. Mr. Speaker, today I Wanted,’’ who helped make Benson the curtailed exploration and a lack of new want to congratulate Albemarle, North 888th criminal apprehended after being refineries. Carolina, native and ‘‘American Idol’’ featured on the show. The Nation needs to take a new ap- contestant Kellie Pickler for pursuing However, I stand here today deeply proach to our energy problems. We her dream and using her God-given tal- frustrated that obstructionists in the need to break our dependency on for- ent to sing. Kellie is returning home, other body are using procedural gim- eign sources of oil, which leaves us at but she consistently received some of micks to block passage of the Child the mercy of foreign powers. To do the highest vote totals of any of the Safety Act, which the House first that, we should increase domestic en- other contestants. And it is easy to un- passed overwhelmingly more than 8 ergy production. derstand why. Kellie’s charm and tal- months ago. My bill, H.R. 4761, gives States con- ent clearly defined her success each Mr. Speaker, this act will help our trol over the waters off their shores week as Americans tuned in to the children keep safe from predators like and encourages them to increase en- most popular show on television. Kellie Michael Benson, and I urge the other ergy exploration by giving them a will be returning home to Stanly Coun- body to quit obstructing and pass this share of the revenues generated. ty and North Carolina a true idol to vital bill. We should increase our development many for her performances, her ex- of alternative fuels, taking advantage traordinary singing voice and the grace f of renewable resources, like using corn she personified in front of millions as RECOGNITION OF NAVAL AIR and sugar to produce ethanol or soy- she represented her community, family STATION WHIDBEY ISLAND beans to produce biodiesel. and friends. Finally, we should help developing Kellie, we wish you the best. I know (Mr. LARSEN of Washington asked nations like China and India curb their that great opportunities lie ahead for and was given permission to address exponentially increasing consumption you. the House for 1 minute.) of oil and natural gas, which is driving f Mr. LARSEN of Washington. Mr. world prices higher. Speaker, I rise today to thank the De- India, in particular, is looking to de- MEDICARE DRUG PROGRAM partment of Defense for its recognition velop nuclear power for domestic, com- (Mr. LIPINSKI asked and was given of Naval Air Station Whidbey Island as mercial use, and we should work with permission to address the House for 1 a model military installation for the them. This is a good deal for both minute and to revise and extend his re- country. Base Commander Captain Syd countries. India develops its own self- marks.) Abernethy and the Island County com- sustaining nuclear power sources, Mr. LIPINSKI. Mr. Speaker, in less munity will accept the Annual Com- which will limit their need for oil and than 12 days, seniors face a critical mander-in-Chiefs Award for Installa- natural gas. We get a reduction in the deadline. By May 15, they must sign up tion Excellence on Friday. demand for world energy, lowering for a Medicare prescription drug plan. This award recognizes the hard work prices in the process. After this date, they will pay a perma- and exceptional efforts of the people Clearly, the energy problems facing nent penalty of 1 percent for every who operate NAS Whidbey, and I praise us are too big to use yesterday’s think- month that they wait to join, a penalty that team effort, from the men and ing. they will pay on top of their premium women on the ground to those in the f for the rest of their lives. sky. They make this installation run. I have held more than three dozen The community and the residents of THE ‘‘DO LESS THAN NOTHING seminars across my district to help Oak Harbor and Island County play an CONGRESS’’ seniors navigate through the overly integral role in protecting and pro- (Mr. COOPER asked and was given complex program, and they keep call- moting NAS Whidbey. It is their sup- permission to address the House for 1 ing asking for more help. They are un- port year after year that makes NAS minute.) derstandably confused by the more Whidbey great. Mr. COOPER. Mr. Speaker, we have than 60 different choices that they NAS Whidbey has emerged as a na- heard a lot of problems mentioned on have. The least we can do is give sen- tional center of electronic warfare and the House floor today. We should be iors more time to understand their op- anti-submarine warfare operations. aware that this House is doing a very tions so that they can make their best These missions will be pivotal to cre- poor job of addressing any of these choice. ating the type of military the Depart- problems. Why? Because this is one of To do this, Congress must pass the ment of Defense wants to build in the the laziest Congresses in all of Amer- Medicare Informed Choice Act which upcoming years. NAS Whidbey will ican history. would delay the late enrollment pen- likely have to accommodate tremen- We are scheduled to meet this year alty, prevent beneficiaries from losing dous growth in the future, and this fewer days than any Congress since at their employer-based coverage and award shows that the team and infra- least 1948. And that is even before I was allow seniors to switch plans if they structure are in place to do the job.

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.008 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1988 CONGRESSIONAL RECORD — HOUSE May 3, 2006 LET’S REDUCE OUR DEPENDENCE Mr. NADLER. Mr. Speaker, today Whereas charter schools are public schools ON FOREIGN OIL President Bush is expected to announce authorized by a designated public entity that his appointment of Homeland Security are responding to the needs of our commu- (Mr. PENCE asked and was given per- nities, families, and students and promoting mission to address the House for 1 Chief Michael Chertoff to lead the ad- the principles of quality, choice, and innova- minute and to revise and extend his re- ministration’s efforts to combat a po- tion; marks.) tential avian flu epidemic. Whereas in exchange for the flexibility and Mr. PENCE. Mr. Speaker, gas prices Didn’t the President learn anything autonomy given to charter schools, they are are too high, and so Washington has al- from Hurricane Katrina? Michael held accountable by their sponsors for im- Chertoff is the same man responsible proving student achievement and for their fi- ready begun to posture. nancial and other operations; I know how angry people can become for the incompetent, inept and trag- ically unacceptable response to Hurri- Whereas 40 States and the District of Co- when gas prices rise. I spent 5 years lumbia have passed laws authorizing charter working my way through college cane Katrina. If Secretary Chertoff schools; pumping gas at Ray’s Marathon. And it couldn’t properly oversee the adminis- Whereas over 3,600 charter schools are now is important that Washington respond. tration’s response to a hurricane along operating in 40 States and the District of Co- But we ought to respond with the real the gulf coast that we knew about days lumbia serving more than 1 million students; in advance, how is he supposed to lead Whereas over the last 12 years, Congress answer, which is to reduce our depend- has provided nearly $1,775,000,000 in support ence on foreign oil by opening up the response to a flu pandemic that could hit at any time? to the charter school movement through fa- America’s own domestic reserves in the cilities financing assistance and grants for intercoastal regions and the Alaskan The Bush administration is already planning, startup, implementation, and dis- National Wildlife Region. woefully unprepared to fight an avian semination; If the U.S. Geological Survey is cor- flu pandemic. The President’s own ad- Whereas charter schools improve their stu- rect, if we opened up ANWR, we could ministration has warned that a worst- dents’ achievement and stimulate improve- case scenario here in the U.S. would ment in traditional public schools; increase our domestic reserves by 50 Whereas charter schools must meet the percent. If President Bill Clinton had entail an 18-month-long crisis in which as many as 1.9 million Americans could student achievement accountability require- not vetoed legislation opening ANWR ments under the Elementary and Secondary to environmentally responsible explo- be killed. Education Act of 1965 in the same manner as ration in 1995, we would be pumping An avian flu crisis needs a serious traditional public schools, and often set millions of barrels from ANWR today. and competent administrator to over- higher and additional individual goals to en- Let’s reduce the price of gasoline for see our response. The Bush administra- sure that they are of high quality and truly tion is once again showing it will take accountable to the public; future generations of Americans. Let’s Whereas charter schools give parents new reduce our dependence on foreign oil. a crony over a competent adminis- trator every time. It is time for the ad- freedom to choose their public school, rou- f tinely measure parental satisfaction levels, ministration to show that it actually and must prove their ongoing success to par- REPUBLICAN INACTION ON can lead. It is time they turn away ents, policymakers, and their communities; SKYROCKETING GAS PRICES from the cronies and find someone Whereas nearly 56 percent of charter competent for a change so the avian flu (Ms. WATSON asked and was given schools report having a waiting list, and the pandemic doesn’t surprise us the way total number of students on all such waiting permission to address the House for 1 the expected Hurricane Katrina over- lists is enough to fill over 1,100 average-sized minute.) whelmed us. charter schools; Ms. WATSON. Mr. Speaker, the Whereas charter schools nationwide serve American people are fed up with us in f a higher percentage of low-income and mi- Congress. They finally see the House ANNOUNCEMENT BY THE SPEAKER nority students than the traditional public Republican majority for what it is, PRO TEMPORE system; nothing but a rubber stamp for Presi- Whereas charter schools have enjoyed The SPEAKER pro tempore (Mr. dent Bush and his special interest broad bipartisan support from the Adminis- BONNER). Pursuant to clause 8 of rule tration, Congress, State Governors and legis- friends. House Republicans simply have XX, the Chair will postpone further latures, educators, and parents across the no agenda for helping everyday Ameri- proceedings today on motions to sus- United States; and cans. Perhaps that is the reason we pend the rules on which a recorded vote Whereas the seventh annual National have only been in session for 26 days so or the yeas and nays are ordered, or on Charter Schools Week, to be held May 1 far this year. through 6, 2006, is an event sponsored by which the vote is objected to under If House Republicans were really in- charter schools and grassroots charter clause 6 of rule XX. terested in helping the American peo- school organizations across the United Record votes on postponed questions ple, they would join us in tracking and States to recognize the significant impacts, will be taken later today. achievements, and innovations of charter tackling our Nation’s energy crisis. f schools: Now, therefore, be it House Republicans failed to address Resolved, That— skyrocketing gas prices in their energy CONGRATULATING CHARTER (1) the House of Representatives acknowl- bill last year. Instead, they chose to SCHOOLS AND THEIR STUDENTS, edges and commends charter schools and follow the President in supporting a PARENTS, TEACHERS, AND AD- their students, parents, teachers, and admin- bill that gave the oil and gas compa- MINISTRATORS ACROSS THE istrators across the United States for their nies $20 billion in special interest gifts ongoing contributions to education and im- UNITED STATES FOR THEIR ON- proving and strengthening our public school while doing absolutely nothing to ease GOING CONTRIBUTIONS TO EDU- system; the sticker shock consumers face every CATION (2) the House of Representatives supports time they fill up at the pump. Mr. PORTER. Mr. Speaker, I move to the seventh annual National Charter Schools Democrats have a plan that works suspend the rules and agree to the reso- Week; and (3) it is the sense of the House of Rep- for all Americans, not just big oil and lution (H. Res. 781), congratulating gas CEOs. Our plan not only cracks resentatives that the President should issue charter schools and their students, par- a proclamation calling on the people of the down on price gouging but also calls ents, teachers, and administrators for an increase in production of alter- United States to conduct appropriate pro- across the United States for their on- grams, ceremonies, and activities to dem- native fuels. going contributions to education, and onstrate support for charter schools during f for other purposes. this weeklong celebration in communities throughout the United States. BUSH ADMINISTRATION PUTTING The Clerk read as follows: The SPEAKER pro tempore. Pursu- INCOMPETENT CHERTOFF IN H. RES. 781 ant to the rule, the gentleman from CHARGE OF AVIAN FLU Whereas charter schools deliver high-qual- ity education and challenge our students to Nevada (Mr. PORTER) and the gen- (Mr. NADLER asked and was given reach their potential; tleman from Wisconsin (Mr. KIND) each permission to address the House for 1 Whereas charter schools provide thousands will control 20 minutes. minute and to revise and extend his re- of families with diverse and innovative edu- The Chair recognizes the gentleman marks.) cational options for their children; from Nevada.

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.010 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1989 b 1045 all different levels of schools across the mittee. As a member of the House Edu- GENERAL LEAVE country, to provide parents, commu- cation and the Workforce Committee Mr. PORTER. Mr. Speaker, I ask nities, leaders, business, all members and as an original cosponsor of H. Res. unanimous consent that all Members of the community access and the abil- 781, I strongly support this resolution may have 5 legislative days in which to ity to be involved in education. honoring National Charter Schools revise and extend their remarks on H. Nearly 56 percent of charter schools Week. Res. 781. report having a waiting list, and the Since the first charter school began The SPEAKER pro tempore (Mr. total number of students on such wait- in 1992 in St. Paul, Minnesota, the BONNER). Is there objection to the re- ing lists is enough to fill another 1,000 number of charter schools has grown to quest of the gentleman from Nevada? average size charter schools across the over 3,600, serving more than 1 million There was no objection. Nation. By allowing parents and stu- students across the country today. In Mr. PORTER. Mr. Speaker, I yield dents to choose their public schools or Wisconsin, my home State, there are myself such time as I may consume. charter schools, we can stimulate nearly 200 charter schools educating Mr. Speaker, this resolution honors change and benefit all public school close to 30,000 students; and in my con- the Nation’s charter schools; the par- students. gressional district in Western Wis- ents; the teachers; of course, the stu- In exchange for flexibility and auton- consin, we have 24 charter schools. dents; administrators; and other indi- omy, public charter schools are held Charter schools provide parents, viduals involved with their hard work accountable by their sponsors for im- along with their children, their stu- and dedication to run quality public proving student achievement and for dents, another choice within the public education. their administration. A charter school education system. This week, May 1 through May 7, has is just that. A charter school is a One school in particular that I would been designated National Charter school with a contract of performance. like to highlight during National Char- Schools Week. During this week, char- If they do not perform, if they do not ter Schools Week is LaCrosseroads in ter school organizations and others provide excellence in education, these my hometown of La Crosse, Wisconsin. around the United States recognize schools can lose their charters. It is an alternative high school. A spe- these schools for their continued con- Charter schools must meet the same cific project that has become part of tribution to education. The Nation’s No Child Left Behind student achieve- the curriculum at this school was in- charter schools deliver high-quality ment accountability requirements as troduced by their teacher, Karen education and challenge students to other public schools and often set high- Schoenfeld; and it requires the stu- reach their potential. er and additional individual goals to dents to record the oral histories of our When President Bush took office in ensure that they are all high quality veterans and submit their histories to 2001, there were only about 2,000 char- and truly accountable to the public. the Library of Congress to be included ter schools nationwide, where today According to the Center for Edu- in the Veterans History Project. Such there are approximately 3,600 serving cation Reform, as many as 15 studies projects are commendable and highly over 1 million students in 40 States, in- find that students who frequently enter valuable to our students. It has pro- cluding the District of Columbia and charters significantly are below the vided a unique link between the young- Puerto Rico. In Nevada, we have 18 normal grade level. These students er generation with the older generation charter schools serving approximately then achieve the same or even higher and a wonderful teaching opportunity 5,000 students. I am very proud to have gains as compared to their surrounding about service to our country and a been involved with Nevada’s first legis- districts’ demographically compared great history lesson for those students lation in 1997 to introduce and to pass schools or even the State averages. at LaCrosseroads. our first charter school legislation. A report from America’s Charter I praise teachers such as Karen We also have an example of a charter School Finance Corporation called Schoenfeld who have broken down bar- school that is nationally recognized, ‘‘Take Me on a Reading Adventure’’ riers to work with all students using and that is the Andre Agassi College cites research from several States that innovative and creative strategies to Preparatory Academy, and it serves as show greater gains and/or higher scores teach. a model for other schools across the in reading for charter schools as com- It is important that charter schools country. It is designed to enhance a pared to their traditional school peers. give flexibility and options to teachers student’s character, respect, motiva- Charter schools have enjoyed broad and their parents, but we must remem- tion and self-discipline. Agassi Prep, as bipartisan support from the adminis- ber they are not the cure-all for im- the school has been nicknamed, specifi- tration, Congress, State Governors and proving public education. We have to cally is to improve skill levels and legislators, educators, and parents be diligent at monitoring the success combat lowered academic expectations across this great Nation. The Seventh or failure of charter schools through- among the community’s most chal- Annual National Charter School Week, out the country and not afraid of shut- lenged children. Advanced technology, held this week, May 1 through May 7, ting down those that are not working. small class size, and extended school 2006, recognizes the significant im- That is the key to moving forward with hours are just a few of the practices pacts, achievements, and innovations the option of choice in our public that Agassi Prep utilizes to achieve a of our Nation’s charter schools. school system, I believe. higher standard of education. Through this resolution, Congress Charter schools have consistently I commend the charter schools in the today acknowledges and commends the been at the forefront of my priority State of Nevada and across this great charter school movement and the char- list, and I am pleased that Wisconsin is Nation for recognizing the immense ter schools’ students, teachers, par- one of seven States with over 100 excep- need for improved education and for ents, and administrators across the tional charter schools today. I have their commitment to improving stu- United States for their ongoing con- consistently advocated for increased dent achievement for students who at- tributions to education and improving support for charter schools and sup- tend these schools. and strengthening our Nation’s public ported the Charter School Facilities Nationwide, charter schools serve a schools. Financing Demonstration Program very special need. Many of the schools Mr. Speaker, I urge support for this during consideration of the No Child under their charter take care of kids resolution. Left Behind legislation of 2001. with special needs, from hearing to Mr. Speaker, I reserve the balance of Mr. Speaker, I urge my colleagues to speaking to other challenges. Even in my time. support this resolution honoring char- the State of Nevada, we have a charter Mr. KIND. Mr. Speaker, I yield my- ter schools. It is our duty as represent- school that was designated through its self such time as I may consume. atives of this Congress to ensure that charter to serve children from the Mr. Speaker, I commend my good all our students reach their highest State of California that are juvenile friend and colleague from Nevada for academic potential, and a charter delinquents. his support of this resolution as well as school may provide a model better Charter schools provide a great serv- the Chair and the Ranking Member of suited towards an individual student’s ice to our communities, grade schools, the Education and the Workforce Com- needs.

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.012 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1990 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Mr. Speaker, I reserve the balance of cational choices, and they provide stu- A child must have an alternative, but my time. dents the opportunity to receive a that alternative cannot be one where Mr. PORTER. Mr. Speaker, I yield high-quality education that they may the public dollar is not accounted for, such time as he may consume to the not have received otherwise. where there is no oversight by the pub- gentleman from California (Mr. I urge my colleagues to support this lic. And I am the last one who wants MCKEON), chairman of the full com- resolution. oversight, for example, of religious mittee. Mr. KIND. Mr. Speaker, I yield 5 min- schools or anything involving religion. Mr. MCKEON. Mr. Speaker, I thank utes to the gentlewoman from the Dis- It follows that religious schools must the gentleman for yielding. trict of Columbia (Ms. NORTON), a not be that alternative. The thriving Mr. Speaker, I rise today in strong strong advocate for our public edu- public charter school movement is, in support of House Resolution 781, a cation system and a terrific friend of fact, and should be that alternative. measure to recognize charter schools, charter schools. All kinds of innovations are hap- as well as their students, parents, Ms. NORTON. Mr. Speaker, I thank pening in the District of Columbia that teachers, and administrators. the gentleman for yielding and for his I invite people to come and see: Shared This week marks the Seventh Annual kind words. I thank Mr. PORTER for his facilities in large buildings (instead of National Charter Schools Week, and I work in bringing this resolution to the getting rid of the building) between thank my colleague Mr. PORTER for floor. public and charter schools. Collabora- taking the lead in recognizing these We are right to recognize public char- tion now between the best of our char- schools today. Mr. PORTER is a strong ter schools. Public charter schools are ter schools and some public schools supporter of education and serves on the most important innovation in pub- which are not doing so well. Public the House Education and the Work- lic education since the invention of schools, public charter schools, unlike force Committee. free public education in our country. many public schools even under No Each year Congress honors charter They have become so popular, they Child Left Behind, are a case of the schools and those involved in the role have become a movement, growing like survival of the fittest. they play in reforming and improving ‘‘Topsy’’. our Nation’s public education system, The Congress, when Newt Gingrich b 1100 and for good reason. Year after year was here, as an alternative to vouch- You lose your charter, in fact, if you charter schools make significant con- ers, helped jump-start public charter do not measure up. That is what hap- tributions across our Nation. schools in the District of Columbia and pens in the District of Columbia. As far Charter schools are public schools in the Nation by passing the first pub- as I know, it happens wherever the that agree to improved academic lic charter school bill right here in the schools are well run. achievement and accountability in fi- Congress for the District, with the Mr. Chairman, I simply want to note nancial and other operations in ex- agreement and total home rule in- just for the record the kinds of reasons change for added flexibility and inde- volvement of the District of Columbia. that charter schools flourish. We have pendence. They are subject to all the That was in 1995. What did the schools technology schools, bilingual schools. same No Child Left Behind achieve- do? They helped us jump-start a move- We have performing arts charter ment goals as other public schools but ment that has produced in the District schools in the District. We have math with greater flexibility in how they im- of Columbia the largest number of pub- and science charter schools. We have prove student success. lic charter schools per capita in the an enterprising development charter This enhanced autonomy allows United States. As I look down the list, school. charter schools to focus on increasing Mr. Speaker, the District has more I would just like to have the Con- academic achievement for individual charter schools, this one city, than gress know some of the charter schools students rather than complying with most States. They have really taken that are regarded as the best in the bureaucratic paperwork. Moreover, it off for some years now as an alter- United States: D.C. Preparatory Acad- allows charter schools to use varied native to D.C. public schools. emy Public Charter School; the Friend- educational methods and techniques When a child does not have a school ship Edison Charter School; KIPP D.C., while accounting for their results. that is offering that child and that The Key Academy Public Charter Some 3,600 charter schools serve family what the child deserves, then School; Paul Public Charter School. about 1 million students in 40 States the child must have an alternative. It Mr. Speaker, the District of Colum- and Washington, DC. Nearly 56 percent can be going out of its neighborhood; bia actually has the first public board- of these charter schools have waiting and the best alternative and the only ing school, and it is a charter school. It lists. In other words, they are in high acceptable alternative, it seems to me, is called the SEED Public Charter demand, with that demand growing all would be some other kind of public School. This is what you can do. This the time. That is because charter charter school. That is what has hap- is the kind of innovation that comes schools understand how to meet the pened in the District of Columbia. That from charter schools. It doesn’t come specific needs of the local communities is why the people of the District of Co- from religious schools. They have their in which they operate, and these lumbia resent deeply that, despite the own way. They have had it for hun- schools are particularly devoted to growth of the charter school move- dreds of years. serving low-income communities. ment, despite the fact that we have If you want innovation in public edu- Nationwide, almost 50 percent of some of the best charter schools in the cation, if you want an alternative to charter schools serve students consid- country and the largest number per your public schools, the best bet are ered at-risk or who have previously capita, that Congress imposed on us charter schools, which will be located dropped out of school; and charter something it would not accept for the right in your neighborhood, which are schools serve significant numbers of rest of the country, and that is private so accountable that they lose their students from low-income families, mi- school vouchers. charters if they do not in fact produce. nority students, and students with dis- Well, our people have voted with I strongly support this resolution, abilities. Indeed, these innovative pub- their feet. They want a neighborhood and I appreciate that it has come for- lic schools allow many parents and stu- school near them. These schools are ward today. dents freedom of choice that otherwise very important. Most of the religious Mr. PORTER. Mr. Speaker, I yield would not be available. schools are in Northwest. Most of our myself such time as I may consume. Mr. Speaker, through this resolution kids who need or want alternative Mr. Speaker, I strongly applaud my honoring National Charter Schools schools live in Southeast. So Congress colleagues across the aisle for their Week, we recognize the continued suc- did vouchers for itself. It did not do it support, and certainly recognize the cess demonstrated by charter schools for us, and it did it against our will District of Columbia and its advance- and acknowledge the benefits that when, in fact, we had demonstrated ment in the charter school arena. charter schools provide to our local that public charter schools were, in I reflect back to 9 years ago in Ne- communities. Charter schools provide fact, working in D.C. and working very vada when we passed our first charter parents with a wider variety of edu- well. legislation, and I remember a lot of

VerDate Aug 31 2005 00:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.013 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1991 naysayers. As a member of the State closure of the school. After its closure, public school should, a traditional pub- senate at that time, I received numer- parents were left mid-school-year lic school system, there is a fail-safe ous nasty calls and lots of different scrambling to find another school for security system in place. So there is no opinions on the impact of charter their children. Teachers who had dili- doubt there have been examples where schools on traditional public edu- gently worked for several months were the charters have not been a success, cation. left without pay and without recourse. as there have been in other schools, The problem was, at that time, in Children were uprooted and forced to traditional public schools, traditional those days, a lot of the naysayers start over again in a new school with high schools, traditional grade schools, didn’t realize that this would remain new classmates and new teachers. that have not succeeded. Again, there and would be a public school. But it The intention behind granting char- are numerous, numerous stories of suc- truly is an example of success nation- ter schools additional flexibility is an cess, but those areas that have not per- wide. admirable one. The use of creative and formed properly have lost their char- If we look at the classroom in the unique tools and methods to teach stu- ters. I think it is important to note last 100 years, it looks just about like dents is refreshing in an era of stand- that is one of the advantages with the it did 100 years ago. If you look at the ardized tests and one-size-fits-all ac- charter system. operating room in a hospital, it countability measures, but that flexi- Mr. CASTLE. Mr. Speaker, I am pleased to changed substantially, with new tech- bility cannot and should not extend so rise in support of H. Res. 781, a resolution to nologies and new techniques. far that it places students’ educations recognize and congratulate charter schools The one thing that has worked so at risk. Increased autonomy in schools and their students, parents, teachers, and ad- well with charter schools is that so should not equal teachers left without ministrators across the United States for their many diverse groups that were opposed jobs and pay, as it did in Cleveland. ongoing contributions to education. to this have come together and have The characteristics of charter The first known charter school opened in found and shown nationwide the suc- schools lauded in this resolution offer 1991, and in 1995 we had our first charter cess of helping children have the finest additional independence for educators, school in Delaware. Of the nearly 1.1 million education; no matter what their back- but they also offer additional risks for children attending charter schools across the ground, what their physical handicap, children. In our quest to ensure that country, over 5,000 students attend one of our that they can truly have a success. every child in America receives a qual- 13 charter schools in Delaware. Mr. Speaker, I am proud to be here ity education and the opportunity to It is clear that everyone in this country is in- today to recognize charter schools realize their dreams, we must take terested in closing what we know as the across the Nation. To those of our fore- heed of these risks. We must ensure achievement gap that currently exists in our fathers, just a short decade ago, espe- that every child is able to reach his or schools. There is not one solution to this prob- cially here in the District of Columbia, her highest potential and give every lem. I do believe that one avenue is to encour- to my friend, the gentlewoman who is child the opportunity to realize his or age innovation, which is something that our the Congresswoman here, I thank them her dreams. charter schools embrace. A recent Delaware for their support. Mr. KIND. Mr. Speaker, I yield my- study found, for the second year in a row, that Again, this is just the beginning. The self such time as I may consume. Delaware’s charter schools are exceeding more we can encourage charter schools Mr. Speaker, I have no further re- achievement levels, with the most dramatic re- across the Nation to encourage par- quests for time, and in conclusion, I sults in grade 10. ents, teachers, administrators, busi- just want to again thank the gen- ness leaders and community leaders to tleman from Nevada for his leadership The nature of charter schools—nonsectarian get involved, the better we are going to in support of this resolution. I am glad public schools of choice that operate with free- help our children. that the Congress has taken a moment dom from many of the regulations that apply Mr. Speaker, I reserve the balance of this morning to recognize the impor- to traditional public schools—has enabled my time. tant role that charter schools have many schools in the Gulf Coast to reopen. Mr. KIND. Mr. Speaker, I yield 3 min- throughout the entire country. We The ‘‘charter’’ establishing each school is a utes to my friend and colleague on the have heard some of the success stories performance contract detailing the school’s Education and Workforce Committee, of those that are working well. It has mission, program, goals, students served, the gentleman from Ohio (Mr. enabled the leaders of the education methods of assessment, and ways to measure KUCINICH). community, the leadership of these success. I was able to see firsthand how im- Mr. KUCINICH. Mr. Speaker, I thank schools, the teachers, administrators, portant it is for these schools to reopen, and the gentleman from Wisconsin. I want parents and other involved community commend those schools for taking advantage to say what a pleasure it is to serve members to think creatively and inno- of the charter avenue. with him on the committee. vatively to enhance the educational op- With this week being national charter Mr. Speaker, I rise today to bring a portunities of our kids in a less restric- schools week, it is therefore fitting that we rec- note of caution to the discussion of tive environment with greater flexi- ognize charter schools as another way to im- this resolution and the debate sur- bility but with the important account- prove student achievement and increase pa- rounding charter schools. Much has ability that we heard a lot about here rental involvement and satisfaction. been said today in praise of charter today. Mr. CASE. Mr. Speaker, I rise in strong sup- schools; praise for the diverse ways Again, I would encourage my col- port of H. Res. 781, which congratulates and charter schools use their flexibility to leagues to adopt this resolution and commends charter schools and their students, reach students, praise for the innova- look forward to working with my col- parents, teachers, and administrators across tion educators can demonstrate in leagues on the Education and Work- the United States for their ongoing contribu- these schools. force Committee in doing things to im- tions to education and the public school sys- There is no doubt that numerous prove the charter school movement tem. charter schools across the Nation are throughout the country. Charter schools have been and continue to founded and run with the best of inten- Mr. Speaker, I yield back the balance be a modern-day public education story filled tions and with hopes for the success of of my time. with successes and accomplishments. These their students, and I think it is nec- Mr. PORTER. Mr. Speaker, I yield schools contain the key ingredient in success- essary to pause and acknowledge the myself such time as I may consume. ful schools: active participation not only from risk that comes along with the flexi- Mr. Speaker, I would just like to con- teachers and students, but of the entire com- bility and the autonomy that charter clude by saying there certainly have munity. When the whole community—from schools are given. been challenges with some charter parents, to businesses and community organi- In my hometown of Cleveland, a schools across the country, schools zations, to entire neighborhoods—has a crit- charter school which opened in 1999 that possibly were underfunded, pos- ical role in contributing to their local schools, was forced to shut down in 2005 after sibly weren’t organized properly. But the outcomes are tremendous. These schools several years of fiscal mismanagement. the advantage of a charter school is have consistently enabled students to achieve State audits had shown discrepancies that if it does not succeed, they lose academically and contribute positively to their for several years before the eventual their charter, and immediately, as a communities.

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.016 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1992 CONGRESSIONAL RECORD — HOUSE May 3, 2006 In my state of Hawai‘i, charter schools have and the Committee on Rules and Adminis- my colleagues to join the law enforce- been an exciting development in public edu- tration of the Senate may jointly designate, ment community in supporting the cation in decades. With more and more char- the 2006 District of Columbia Special Olym- Special Olympics and join me in sup- ter schools emerging each year, currently 27, pics Law Enforcement Torch Run (in this porting this resolution. resolution referred to as the ‘‘event’’) may be Mr. Speaker, I reserve the balance of they have managed to succeed despite institu- run through the Capitol Grounds as part of tional opposition in bringing their brand of edu- the journey of the Special Olympics torch to my time. cation in the communities. the District of Columbia Special Olympics Mr. LARSEN of Washington. Mr. These growing pains and other obstacles summer games. Speaker, I yield myself such time as I make this national recognition even more de- SEC. 2. RESPONSIBILITY OF CAPITOL POLICE may consume. served. But for these very reasons, charter BOARD. Mr. Speaker, this event needs really schools also deserve their fair share of re- The Capitol Police Board shall take such little introduction. Eunice Kennedy sources from federal and state governments. actions as may be necessary to carry out the Shriver started the concept of the Spe- A specific source of great pride within the event. cial Olympics in the early 1960s when Hawai‘i charter school community is the devel- SEC. 3. CONDITIONS RELATING TO PHYSICAL she established and opened a summer opment of Native Hawaiian charter schools. PREPARATIONS. day camp for people with intellectual Na Lei Na‘auao, the Hawaiian Charter School The Architect of the Capitol may prescribe disabilities. conditions for physical preparations for the 2006 marks the 35th anniversary of Alliance, serves over 1,500 Native Hawaiian event. public school students. The Alliance, whose the D.C. Special Olympics. The torch SEC. 4. ENFORCEMENT OF RESTRICTIONS. relay event is a traditional part of the focus is ‘‘Education with Aloha’’ seeks to en- The Capitol Police Board shall provide for able Native Hawaiian students to achieve edu- opening ceremonies for the Special enforcement of the restrictions contained in Olympics, which will take place at cational success with culturally-driven meth- section 5104(c) of title 40, United States Code, Catholic University. The torch relay ods. concerning sales, advertisements, displays, The Native Hawaiian charter schools and and solicitations on the Capitol Grounds, as event has become a highlight on Cap- Hawai‘i’s other charter schools, both existing well as other restrictions applicable to the itol Hill and is an integral part of the and future, need a federal government to be Capitol Grounds, in connection with the Special Olympics. Each year, approximately 2,500 Spe- clear and unequivocal in its continued support event. cial Olympians compete in over a dozen for the concept of charter schools. They also The SPEAKER pro tempore. Pursu- events, and more than 1 million chil- need full parity in funding between traditional ant to the rule, the gentleman from dren and adults with special needs par- public schools and charter schools. New York (Mr. KUHL) and the gen- ticipate in Special Olympics programs H. Res. 781 is welcome and needed, but tleman from Washington (Mr. LARSEN) worldwide. these great words must now be partnered with each will control 20 minutes. The event is supported by literally action. I look forward to working with my col- The Chair recognizes the gentleman from New York. thousands of volunteers in the region leagues and other charter schools believers and is attended by thousands of family toward this realization of the dream. GENERAL LEAVE and friends of the Olympians. Mr. PORTER. Mr. Speaker, I have no Mr. KUHL of New York. Mr. Speaker, The goal of the games is to bring further requests for time, I yield back I ask unanimous consent that all Mem- mentally challenged individuals into the balance of my time and encourage bers may have 5 legislative days in the larger society under conditions support for this bill. which to revise and extend their re- whereby they are accepted and re- The SPEAKER pro tempore (Mr. marks and include extraneous material spected. Confidence and self-esteem are BOOZMAN). The question is on the mo- on H. Con. Res. 359. the building blocks for these Olympic tion offered by the gentleman from Ne- The SPEAKER pro tempore. Is there games. vada (Mr. PORTER) that the House sus- objection to the request of the gen- So I stand in support of this resolu- pend the rules and agree to the resolu- tleman from New York? tion and urge my colleagues on my side tion, H. Res. 781. There was no objection. of the aisle to support this resolution The question was taken. Mr. KUHL of New York. Mr. Speaker, for this very worthwhile endeavor of The SPEAKER pro tempore. In the I yield myself such time as I may con- the Special Olympics. I urge support of opinion of the Chair, two-thirds of sume. H. Con. Res. 359. those present have voted in the affirm- Mr. Speaker, H. Con. Res. 359 author- Mr. Speaker, I yield back the balance ative. izes the use of the Capitol Grounds for of my time. Mr. KIND. Mr. Speaker, on that I de- the District of Columbia Special Olym- Mr. KUHL of New York. Mr. Speaker, mand the yeas and nays. pics Law Enforcement Torch Run to be I yield back the balance of my time. The yeas and nays were ordered. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- held on June 9, 2006. question is on the motion offered by ant to clause 8 of rule XX and the The Special Olympics is an inter- the gentleman from New York (Mr. Chair’s prior announcement, further national organization dedicated to en- KUHL) that the House suspend the rules proceedings on this question will be riching the lives of children and adults and agree to the concurrent resolution, postponed. with disabilities through athletics. The Torch Run has historically been the H. Con. Res. 359. f largest and most successful Special The question was taken. AUTHORIZING USE OF CAPITOL Olympics fundraiser. Last year, for in- The SPEAKER pro tempore. In the GROUNDS FOR DISTRICT OF CO- stance, the Torch Run raised over $20 opinion of the Chair, two-thirds of those present have voted in the affirm- LUMBIA SPECIAL OLYMPICS LAW million globally and over $70,000 lo- ative. ENFORCEMENT TORCH RUN cally. These funds make it possible for Mr. LARSEN of Washington. Mr. Mr. KUHL of New York. Mr. Speaker, athletes with disabilities to compete in Speaker, on that I demand the yeas I move to suspend the rules and agree the annual Special Olympics Summer and nays. to the concurrent resolution (H. Con. Games. The yeas and nays were ordered. Res. 359) authorizing the use of the The United States Capitol Police will The SPEAKER pro tempore. Pursu- Capitol Grounds for the District of Co- host opening ceremonies for the Torch ant to clause 8 of rule XX and the lumbia Special Olympics Law Enforce- Run, which will take place on the West Chair’s prior announcement, further ment Torch Run. Terrace of the Capitol. Over 2,000 law proceedings on this question will be The Clerk read as follows: enforcement representatives are ex- postponed. H. CON RES. 359 pected from more than 60 local and f Resolved by the House of Representatives (the Federal law enforcement agencies, and Senate concurring), they will participate in this annual PROVIDING FOR CONDITIONAL SECTION 1. AUTHORIZATION OF USE OF CAPITOL event in support of the Special Olym- CONVEYANCE OF ANY INTEREST GROUNDS FOR D.C. SPECIAL OLYM- pics. RETAINED IN ST. JOSEPH MEMO- PICS LAW ENFORCEMENT TORCH RIAL HALL RUN. Congress has traditionally supported On June 9, 2006, or on such other date as this worthy cause by authorizing the Mr. KUHL of New York. Mr. Speaker, the Speaker of the House of Representatives use of the Capitol Grounds. I encourage I move to suspend the rules and pass

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.054 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1993 the bill (H.R. 4700) to provide for the H.R. 4700 is necessary to allow for the country who are trying to revitalize conditional conveyance of any interest incorporation of St. Joseph Memorial themselves in ways which will be bene- retained by the United States in St. Hall into those redevelopment plans. ficial for the creation of jobs for the Joseph Memorial Hall in St. Joseph, Memorial Hall’s use is limited by deed community and the people who reside Michigan. restriction, placed on the property by there. This is one of those components. The Clerk read as follows: the Federal Government more than 60 This is one of those actions. A small H.R. 4700 years ago. While similar deed restric- little city in a small little State called Be it enacted by the Senate and House of Rep- tions in the city have been lifted, the Michigan, a small part of the large resentatives of the United States of America in restriction on Memorial Hall remains, country and the larger part of the Congress assembled, making it impossible for the redevelop- world is obviously trying to revitalize SECTION 1. CONVEYANCE OF RETAINED INTER- ment of the neighborhood to continue. their activities and was prevented from EST IN ST. JOSEPH MEMORIAL HALL. Limitations on this tiny parcel of doing such immediately by a restric- (a) IN GENERAL.—Subject to the terms and land located in the center of the rede- tion placed by this big, bad at times, conditions of subsection (c), the Adminis- velopment will significantly jeopardize government on them. trator of General Services shall convey to the city’s plans if not lifted. H.R. 4700 So we are attempting to remove that, the city of St. Joseph, Michigan, by quit- is a sensible, simple solution that will claim deed, any interest retained by the and hopefully this bill will do that. United States in St. Joseph Memorial Hall. allow the City of St. Joseph to proceed Mr. Speaker, I yield back the balance (b) ST. JOSEPH MEMORIAL HALL.—In this with redevelopment. I support this of my time. section, the term ‘‘St. Joseph Memorial measure, and I urge my colleagues to The SPEAKER pro tempore. The Hall’’ means the property subject to a con- do the same. question is on the motion offered by veyance from the Secretary of Commerce to Mr. Speaker, I reserve the balance of the gentleman from New York (Mr. the city of St. Joseph, Michigan, by Quit- my time. KUHL) that the House suspend the rules claim Deed dated May 9, 1936, recorded in Mr. LARSEN of Washington. Mr. and pass the bill, H.R. 4700. Liber 310, at page 404, in the Register of Speaker, I yield myself such time as I The question was taken; and (two- Deeds for Berrien County, Michigan. may consume. (c) TERMS AND CONDITIONS.—The convey- Mr. Speaker, H.R. 4700 authorizes the thirds having voted in favor thereof) ance under subsection (a) is subject to the conveyance of any interest retained by the rules were suspended and the bill following terms and conditions: was passed. (1) CONSIDERATION.—As consideration for the United States in St. Joseph Memo- rial Hall in St. Joseph, Michigan, in A motion to reconsider was laid on the conveyance under subsection (a), the the table. City of St. Joseph, Michigan, shall pay the City of St. Joseph, Michigan. $10,000.00 to the United States. This bill merely completes a land f (2) ADDITIONAL TERMS AND CONDITIONS.— transfer between the Federal Govern- The Administrator of General Services may ment and the City of St. Joseph, Michi- FEDERAL ENERGY PRICE require such additional terms and conditions gan, which began back in May, 1935. At PROTECTION ACT OF 2006 to the conveyance under subsection (a) as that time, the city received a non-his- Mr. BARTON of Texas. Mr. Speaker, the Administrator considers appropriate to toric building and property with re- I move to suspend the rules and pass protect the interest of the United States. stricted use for a public park. In 1954, the bill (H.R. 5253) to prohibit price The SPEAKER pro tempore. Pursu- the public use restriction was lifted on gouging in the sale of gasoline, diesel ant to the rule, the gentleman from the parcel just north of the building fuel, crude oil, and home heating oil, New York (Mr. KUHL) and the gen- through Public Act 348. and for other purposes. tleman from Washington (Mr. LARSEN) The city officials have requested this The Clerk read as follows: each will control 20 minutes. transfer as the city is contemplating a H.R. 5253 The Chair recognizes the gentleman redevelopment plan for the downtown from New York. Be it enacted by the Senate and House of Rep- which would utilize the parcel of land resentatives of the United States of America in b 1115 and the building. The city is prepared Congress assembled, to pay $10,000 to the General Services SECTION 1. SHORT TITLE. GENERAL LEAVE Administration for the transfer. Mr. KUHL of New York. Mr. Speaker, This Act may be cited as the ‘‘Federal En- Mr. Speaker, I support H.R. 4700 and ergy Price Protection Act of 2006’’. I ask unanimous consent that all Mem- urge my colleagues to join me in sup- bers have 5 legislative days in which to SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. porting this bill. (a) UNLAWFUL CONDUCT.— revise and extend their remarks and in- Mr. Speaker, I yield back the balance (1) UNFAIR AND DECEPTIVE ACT OR PRAC- clude extraneous material on H.R. 4700. of my time. TICE.—It shall be an unfair or deceptive act The SPEAKER pro tempore (Mr. Mr. KUHL of New York. Mr. Speaker, or practice in violation of section 5 of the BOOZMAN). Is there objection to the re- I yield myself such time as I may con- Federal Trade Commission Act for any per- quest of the gentleman from New sume. son to sell crude oil, gasoline, diesel fuel, York? Mr. Speaker, I would say at this home heating oil, or any biofuel at a price There was no objection. point that the sponsor of the bill, Mr. that constitutes price gouging as defined by rule pursuant to subsection (b). Mr. KUHL of New York. Mr. Speaker, UPTON of Michigan, had intended to be (2) DEFINITION.—For purposes of this sub- I yield myself such time as I may con- here to speak on the bill but was at the section, the term ‘‘biofuel’’ means any fuel sume. last minute taken away to a leadership containing any organic matter that is avail- H.R. 4700 was introduced by Rep- meeting that is very, very important able on a renewable or recurring basis, in- resentative UPTON from Michigan on to the long term of this country and cluding agricultural crops and trees, wood February 1, 2006. This bill conveys an certainly to the world. I would like to and wood wastes and residues, plants (includ- interest retained by the United States say that, as a result thereof, obviously ing aquatic plants), grasses, residues, fibers, of America in the St. Joseph Memorial he is not here to speak on this bill. and animal wastes, municipal wastes, and Hall in St. Joseph, Michigan. As we look at items like this, what other waste materials. (b) PRICE GOUGING.— St. Joseph, Michigan, is in the proc- we see from a general overall stand- (1) IN GENERAL.—Not later than 6 months ess of redeveloping an area of the point is that oftentime there are deed after the date of the enactment of this Act, downtown to create a recreational and restrictions and limitations put on the Federal Trade Commission shall promul- educational and cultural district. This communities years ago that are no gate, in accordance with section 553 of title development will link downtown St. longer of any real interest or any real 5, United States Code, any rules necessary Joseph with the beautiful lakefront need in this particular area. So what for the enforcement of this section. district, creating a more inviting envi- we see from time to time as part of the (2) CONTENTS.—Such rules— ronment for residents, for businesses evolution of our process of managing (A) shall define ‘‘price gouging’’, ‘‘retail and for tourists. The project is in- sale’’, and ‘‘wholesale sale’’ for purposes of is, in fact, that what we have to do is this Act; and tended to make St. Joseph a more at- to modify those provisions; and this is (B) shall be consistent with the require- tractive place to live and work and to the perfect case. ments for declaring unfair acts or practices play, while also improving the local Now, there are many cities and com- in section 5(n) of the Federal Trade Commis- economy. munities, counties, villages across the sion Act (15 U.S.C. 45(n)).

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.020 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1994 CONGRESSIONAL RECORD — HOUSE May 3, 2006 (c) ENFORCEMENT.— (II) the total amount that would be that serves the American driving pub- (1) IN GENERAL.—Except as provided in sub- charged in such a wholesale sale made at the lic. section (d), a violation of subsection (a) shall wholesale fair market price; plus be treated as a violation of a rule defining an (ii) an amount not to exceed $3,000,000 per $3 a gallon gasoline may mean noth- unfair or deceptive act or practice prescribed day of a continuing violation; or ing to some people, but it sure means a under section 18(a)(1)(B) of the Federal Trade (B) in the case of a retail sale in violation lot to most of us and everything to the Commission Act (15 U.S.C. 57a(a)(1)(B)). The of subsection (a), 3 times the difference be- poorest of our society that really have Federal Trade Commission shall enforce this tween— to have gasoline to get back and forth Act in the same manner, by the same means, (i) the total amount charged in the sale; to work and it is a big part of their and with the same jurisdiction as though all and budget. applicable terms and provisions of the Fed- (ii) the total amount that would be eral Trade Commission Act were incor- charged in such a sale at the fair market Soaring gasoline prices drain the porated into and made a part of this Act. price for such a sale. budgets of the working families who (2) EXCLUSIVE ENFORCEMENT.—Notwith- (3) DEPOSIT.—Of the amount of any civil rely on cars to get their kids to school standing any other provision of law, no per- penalty imposed under this section with re- and themselves to work. If the spike in son, State, or political subdivision of a spect to any sale in violation of subsection gasoline prices are due to anything State, other than the Federal Trade Commis- (a) to a person that resides in a State, the other than market conditions, con- sion or the Attorney General of the United portion of such amount that is determined States to the extent provided for in section under subparagraph (A)(i) or (B) (or both) of sumers have a right to count on us, the 5 of the Federal Trade Commission Act or paragraph (2) shall be deposited into— government, for protection from these the attorney general of a State as provided (A) any account or fund established under rip-offs. by subsection (d), shall have any authority the laws of the State and used for paying H.R. 5253, sponsored by Congressman to enforce this Act or any rule prescribed compensation to consumers for violations of pursuant to this Act. WILSON of New Mexico, the bill that we State consumer protection laws; or are considering right now, prohibits (d) ENFORCEMENT BY STATE ATTORNEYS (B) in the case of a State for which no such GENERAL.— account or fund is establish by State law, price gouging in the sale of gasoline, (1) CIVIL ACTION.—In any case in which the into the general fund of the State treasury. diesel fuel, crude oil, and home heating attorney general of a State has reason to be- (f) CRIMINAL PENALTY.— oil. lieve that an interest of the residents of that (1) IN GENERAL.—In addition to any other State has been or is threatened or adversely While price fixing, collusion and penalty that applies, a violation of sub- other anti-competitive practices are affected by any person who violates sub- section (a) is punishable— section (a), the attorney general, as parens (A) in the case of a wholesale sale in viola- currently illegal, there is no Federal patriae, may bring a civil action on behalf of tion of subsection (a), by a fine of not more statutory prohibition on the books the residents of the State in a district court than $150,000,000, imprisonment for not more against price gouging. Nobody has real- of the United States of appropriate jurisdic- than 2 years, or both; or ly defined at the Federal level exactly tion— (B) in the case of a retail sale in violation (A) to enjoin further violation of such sec- what it is yet. of subsection (a), by a fine of not more than tion by the defendant; It is true that we all think we know $2,000,000, imprisonment for not more than 2 (B) to compel compliance with such sec- years, or both. what price gouging is when we see it, tion; or (2) ENFORCEMENT.—The criminal penalty but that is not the sort of definition (C) to impose a civil penalty under sub- provided by paragraph (1) may be imposed that a prosecutor can take to a judge section (e). only pursuant to a criminal action brought or a jury. We are not here today saying (2) INTERVENTION BY THE FTC.— by the Attorney General or other officer of (A) NOTICE AND INTERVENTION.—The State something is just awful and somebody shall provide prior written notice of any ac- the Department of Justice, or any attorney ought to stop it. We are here to put the tion under paragraph (1) to the Federal specially appointed by the Attorney General, gougers out of business, if there are Trade Commission and provide the Commis- in accordance with section 515 of title 28, gougers, and behind bars. United States Code. sion with a copy of its complaint, except in Last October, the House passed anti- any case in which such prior notice is not The SPEAKER pro tempore. Pursu- feasible, in which case the State shall serve ant to the rule, the gentleman from price gouging provisions in the Gas such notice immediately upon instituting Texas (Mr. BARTON) and the gentleman Act. Like the provision in that act, the such action. The Commission shall have the from Michigan (Mr. STUPAK) each will Gas Act, the legislation before us today right— control 20 minutes. provides an explicit Federal prohibi- (i) to intervene in the action; The Chair recognizes the gentleman tion on gasoline price gouging, treating (ii) upon so intervening, to be heard on all from Texas. it as an unfair trade practice under the matters arising therein; and Federal Trade Commission Act. (iii) to file petitions for appeal. GENERAL LEAVE (B) LIMITATION ON STATE ACTION WHILE FED- Mr. BARTON of Texas. Mr. Speaker, It would also provide for additional ERAL ACTION IS PENDING.—If the Commission I ask unanimous consent that all Mem- enforcement in that it gives the United has instituted a civil action for violation of bers may have 5 legislative days within States Attorney General, the Federal this Act, no attorney general of a State may which to revise and extend their re- Trade Commission, the States attorney bring an action under this subsection during marks on this legislation, and to insert generals, the authority to enforce the pendency of that action against any de- extraneous material on the bill. against price gouging at any time, not fendant named in the complaint of the Com- just in times of a major disaster. It mission for any violation of this Act alleged The SPEAKER pro tempore. Is there in the complaint. objection to the request of the gen- provides for greater civil penalties and (3) CONSTRUCTION WITH RESPECT TO POWERS tleman from Texas? even criminal penalties in some cases CONFERRED BY STATE LAW.—For purposes of There was no objection. for the most serious offenses. bringing any civil action under paragraph Mr. BARTON of Texas. Mr. Speaker, The legislation would ensure that the (1), nothing in this Act shall be construed to I yield myself such time as I may con- definition of price gouging promul- prevent an attorney general of a State from sume. exercising the powers conferred on the attor- gated by the FTC rule-making does not Mr. Speaker, Americans are again cover spikes in gas prices that are ney general by the laws of that State. seeing spikes at the gas pumps, with (e) CIVIL PENALTY.— caused by market conditions. prices reaching over $3 a gallon all over (1) IN GENERAL.—Notwithstanding any civil the country. This morning, I went by Committee hearings have dem- penalty that otherwise applies to a violation onstrated that when artificial regula- of a rule referred to in subsection (c)(1), any the 7–Eleven at Second and Glebe Road person who violates subsection (a) shall be in Arlington, Virginia, and there were tions supplant normal supply and de- liable for a civil penalty under this sub- no prices posted on the sign outside the mand as the primary means of pricing section. station. I thought, oh, maybe they are a commodity, the result is market dis- (2) AMOUNT.—The amount of a civil penalty giving gasoline away. No, they did not tortion and shortages. Ask those of us under this subsection shall be an amount have any gasoline to sell at any price. who were lining up for gas in the mid- equal to— We need to do something, not only to and late 1970s. (A) in the case of a wholesale sale in viola- tion of subsection (a), the sum of— bring these prices down, but we need to We are also not here today in pursuit (i) 3 times the difference between— do something to make sure that there of consequences, unintended or other- (I) the total amount charged in the whole- is adequate gasoline supply available wise, that makes it tough for people to sale sale; and at every service station in the country get to work and to school. Price spikes

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.004 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H1995 are a scourge, but dry pumps are a ca- as this piece of legislation moves for- nitions in his bill were unclear and tastrophe. As I mentioned this morn- ward. would invite litigation rather than so- ing, at Second and Glebe Road in Ar- Our bill, the FREE Act, would spe- lutions. lington, Virginia, there was no gas at cifically set out guidelines for the FTC We are trying to move forward with a any price at the 7–Eleven. to use to define price gouging, includ- piece of legislation that will give real I know the difference, and I will ing provisions that make unconscion- authority to the Federal Trade Com- strenuously oppose any policies that able pricing, providing false pricing in- mission that they do not currently choke off the flow of gasoline to driv- formation, and market manipulation have now. Twenty-three States have ers. We want to have effective enforce- illegal, all of which is lacking in the laws on price gouging. So we have got ment against scams without inter- bill before us today. about close to half the States in the fering with the efficient functioning of The FREE Act also contains a provi- Nation have some form of law in price the market. sion that would promote price trans- gouging, all with various provisions, In my opinion, H.R. 5253 does that. I parency, providing consumers with the definitions and so forth, but the Fed- would urge my colleagues to support information to know that oil and gas eral Trade Commission that is empow- this important piece of consumer pro- prices are fair and reasonable, again a ered at the Federal level with being the tection legislation. standard lacking in the legislation be- agency responsible for looking at con- Mr. Speaker, I reserve the balance of fore us today. sumers and consumer protection only my time. The FREE Act would also apply to has authority to look at gasoline and Mr. STUPAK. Mr. Speaker, today we natural gas and propane. Neither nat- oil with respect to collusion. If there is are considering legislation that would ural gas nor propane are even men- collusion between two companies on give the Federal Trade Commission the tioned in the bill before us today. setting the price of gasoline, then they authority to investigate and prosecute Had the Republican bill, H.R. 5253, have the authority to investigate, but price gouging in gasoline. This bill, the bill before us today, been consid- they have no authority to investigate H.R. 5253, was introduced just yester- ered even by any committee in this when it comes to unreasonable and un- day. Congress, or even just allowed to be fair trade practices. This legislation we For 8 months, Democrats have been amended on the floor here today, we are offering today would give them calling for the Republican leadership could make changes that would make that new authority at the Federal to allow a vote on my price gouging this a better bill. level. legislation, the Federal Response to Nonetheless, Congress has a responsi- I think this is a good piece of legisla- Energy Emergencies, the FREE Act. bility to pass a price gouging bill. I am tion, and I would ask my colleagues to 129 Democrats have signed a dis- pleased the Republicans have stopped support it. charge petition to request that my stonewalling. Democrats will continue H.R. 5253 would prohibit price price gouging legislation be brought to to put pressure on the Republican lead- gouging at any time. It is not limited the floor for a vote. They say imitation ership until a real, true price gouging to emergencies or in the wake of nat- is the sincerest form of flattery. Well, bill is enacted, to ensure that it con- ural disasters. I will be very honest; after 8 months of Democrats demand- tains the strongest provisions to pro- the thing that caused me to introduce ing that the Republican leadership tect the American consumer. price-gouging legislation last Sep- bring legislation to the floor to protect It has taken 8 months for Democrats tember was what we all saw in the the American consumers from price to finally shame the Republican leader- wake of Katrina: opportunists taking gouging, the Republicans have finally ship into passing price gouging legisla- advantage of a terrible situation and a proposed their own bill. tion. If the Republicans are serious natural disaster to pump up the price While I am pleased that we have fi- about helping American people, several of gasoline for people who were trying nally convinced the Republicans to of my Democratic colleagues have pro- to flee for their lives. That is not right, bring legislation on price gouging to posals to help ease the pain at the and it is what spurred me to introduce the floor, it is the American people pump. It is my hope that it will not the price-gouging legislation. who should be the winners today. take 8 months for the Republicans to The modification in the bill that is This legislation is long overdue. In consider these proposals as we continue before us today is that the price- the past 8 months the Republicans to work on the issue of high gas prices. gouging authority for the Federal have failed to act to address price Trade Commission would not require a gouging, gas prices have exceeded $3 a b 1130 disasters trigger, but they could look gallon. Crude oil prices have broken Mr. Speaker, I reserve the balance of at unfair trade practices at any time, records. Americans have endured sig- my time. not limited to emergencies. It also cov- nificant financial hardships, and oil Mr. BARTON of Texas. Mr. Speaker, ers gasoline, diesel, crude oil, home companies have reaped record profits. I ask unanimous consent that the gen- heating oil and biofuels. So it goes Let us be clear. Republicans claim to tlewoman from Albuquerque, New Mex- across a wide variety of full types. have passed a price gouging bill last ico (Mrs. WILSON) manage the remain- It also sets pretty stiff criminal and October. However, that legislation was der of the majority time on the bill. civil penalties for price gouging and al- so toothless that it is being ignored by The SPEAKER pro tempore. Is there lows these investigations by the Fed- the Republicans in the other body. objection to the request of the gen- eral Trade Commission as well as by During that debate, I offered the tleman from Texas? the States. FREE Act amendment as a substitute. There was no objection. Under these provisions, the Federal All but two Republicans voted against Mrs. WILSON of New Mexico. Mr. Trade Commission would consider pub- my legislation. While I am pleased that Speaker, I yield myself such time as I lic comment in defining exactly what the Republican leadership has finally may consume. wholesale pricing is, what retail pric- brought a gas bill to the floor, I will My colleague from Michigan talks ing is, and it gives them some regu- say that this new bill was immediately about the need to move quickly, and latory authority to come up with defi- put on the suspension calendar without the truth is, I introduced a price- nitions. The truth is, we have got 23 any hearings, without any meaningful gouging bill in September of last year State laws. Some of those laws are debate. in the wake of Katrina. It was a bipar- very, very different, and I think it Several of my colleagues may not ap- tisan bill with the gentleman from makes some sense to allow the States preciate the differences between the Ohio (Mr. BROWN) as the lead cospon- and those involved to come up with a bill before us today and the Democratic sor. national definition that will work best legislation, the FREE Act. Although In October, we passed price-gouging for consumers in the marketplace. these differences should not delay price legislation combined with the refinery The legislation we are offering today gouging legislation any longer than it bill in what is called the Gas Act, and would not, however, preempt those already has been, it is my hope that it is true my colleague from Michigan State laws. So the States would still be the Republicans will be willing to ad- did propose an alternative which I op- able to use their State laws to address dress these issues of true price gouging posed because I felt as though the defi- problems with price gouging in their

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.024 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1996 CONGRESSIONAL RECORD — HOUSE May 3, 2006 own jurisdictions. This would give ad- So I thank the gentleman for the possible price gouging, even though the ditional authority to the Federal Trade time. FTC was completing a report on price Commission and to States that choose Mrs. WILSON of New Mexico. Mr. gouging that Congress requested last to use the Federal law to investigate Speaker, I yield 1 minute to the gen- year. Then, on Friday, the President price gouging in their own States. tleman from New York (Mr. BOEH- said, ‘‘I have no evidence that there’s It seems to me that this is one thing LERT). any rip-off taking place.’’ Think back that we have to do. We have done it (Mr. BOEHLERT asked and was given to the investigation. first in a larger bill, as a piece of a permission to revise and extend his re- Is it any wonder, Mr. President, that larger bill last October, but I think the marks.) Americans are skeptical that you are approach we are trying to take here in Mr. BOEHLERT. Mr. Speaker, I rise serious about investigating your Big the House of Representatives is to say in support of this measure, and I want Oil buddies? On Friday you said, ‘‘It’s we want America to be more energy to particularly thank the Energy and the role of the FTC to assure me that independent, and that is going to take Commerce Committee, especially Mrs. my inclinations and instincts are a long-term, balanced approach that WILSON, for the leadership she has pro- right.’’ deals with supply, demand and pro- vided on this important issue, and for Was that an order for a rubber stamp, tecting consumers. the helpful suggestions and work by Mr. President? No wonder the Amer- This is one piece of that puzzle. We Mr. CASTLE and Mrs. JOHNSON of Con- ican people are a bit skeptical, Mr. will be dealing with other pieces of necticut and Mr. KIRK and their staffs. President, that your oil-dominated ad- that puzzle as we move along, every- They helped put all this package to- ministration will work to protect them thing from coal-to-oil gasification, en- gether under the leadership of Mrs. or, once again, to protect the oil and couraging more hydrogen-powered WILSON. gas companies, but we need to begin This bill is far stronger than the cars, encouraging more E85, using eth- with a serious investigation of those price-gouging language the House con- anol in our gas tanks, so both con- oil companies. I hope that you are real- sidered last fall and could offer Ameri- servation and increasing domestic sup- ly serious. cans true protection if price gouging is ply so that America becomes more en- Mrs. WILSON of New Mexico. Mr. occurring. The bill will allow new suits ergy independent. Speaker, I yield 2 minutes to the gen- under Federal law against retail and I encourage my colleagues to support tleman from New Hampshire (Mr. wholesale price gouging, and those this proposal. BASS). suits can be brought by either the Fed- Mr. Speaker, I reserve the balance of Mr. BASS. Mr. Speaker, I thank the eral Government or a State attorney my time. gentlewoman from New Mexico for rec- Mr. STUPAK. Mr. Speaker, I yield 2 general. The penalties in the bill are signifi- ognizing me. I also thank her for her minutes to the gentleman from New cant, as they should be, and the bill al- leadership in sponsoring this very im- York (Mr. HIGGINS) who has been a real lows criminal as well as civil penalties. portant piece of legislation, and it advocate on lowering some of these Finally, the bill would distribute the would be a bright day in America and special tax privileges for the big oil money from suits back to those who in this Congress if we could spend a and gas companies. were harmed through State victim minute or two working on issues that Mr. HIGGINS. Mr. Speaker, I want to compensation funds. will increase supplies, assure honesty thank my colleague from Michigan So I think we have taken into consid- in the energy world in a difficult period (Mr. STUPAK), who has been a real lead- eration every criticism that was lev- of time and do so with a focus on policy er on this issue, and all of the members eled last fall, and it has been addressed and good sound legislation, rather than of the Democratic Caucus who have forthrightly. American consumers are trying to make political points, speech weighed in aggressively and substan- demanding protection from price after speech after speech. tially on this issue. gouging. The President has echoed that What we have here before us today is The fact of the matter is the Presi- call, and now Congress is heeding it. I a good piece of legislation, and it does dent last week has suggested that the urge adoption of the bill. four critical things. First, it directs State attorneys general be more ag- Mr. STUPAK. Mr. Speaker, I yield 2 the Federal Trade Commission to de- gressive about enforcing anti-price-fix- minutes to the gentlewoman from Illi- fine price gouging, to define what ing or gas-gouging laws. The States nois (Ms. SCHAKOWSKY), an advocate of wholesale sales are and what retail and the people of America are looking consumers before she got to Congress, sales are and to come up with rules for the Federal Government to provide and she continues in that present ca- that will implement those definitions. leadership on this issue. pacity today as a strong advocate for It also provides for strong civil en- The fact of the matter is that high consumers. forcement by the Federal Trade Com- gas prices are a result of an energy pol- Ms. SCHAKOWSKY. Mr. Speaker, I mission and the State attorneys gen- icy that is disastrous. It does not do want to thank the gentleman from eral for criminal enforcement. anything to promote alternative en- Michigan for his great leadership to try It provides strong civil penalties. ergy fuel sources. It does nothing to and help consumers to bring the price Those penalties would be three times promote conservation, and it gives of gasoline down. the ill-gotten gains for the retailer, huge, huge incentives to the oil compa- Mr. Speaker, gasoline prices have plus an amount not to exceed $3 mil- nies to continue to manipulate prices doubled since the Bush administration lion per day for continuing violations. to the American citizens. took office. On Sunday, Secretary It also provides for strong criminal This anti-price-gouging legislation is Bodman declared there was an energy penalties, and these penalties are $150 important, but it is late. We have to crisis in this country, and the Repub- million and/or imprisonment for not learn not to react to a crisis but to in- licans are scrambling to play catch- up. more than 2 years, and on the retail fluence conditions to avert a crisis. Since last September, Speaker side, $2 million and imprisonment not The American people are looking for HASTERT has blocked action on Con- more than 2 years. leadership. This is one step, albeit a gressman STUPAK’s bill, which would These are real penalties, and this small step, toward achieving that, but impose tough criminal penalties on oil will, with the proper rulemaking proc- we have to promote more aggressively, and gas companies that engage in price ess, lead to a deterrent that will result, more effectively, policies that are sub- gouging. Congressional Republicans in my opinion, in energy prices reflect- stantial toward dealing with the funda- have consistently voted down efforts to ing true costs. mental problems here. give the FTC new authority to pros- It is important to emphasize that In the other House, there was a sug- ecute companies that price gouge. In- this legislation does not upset State gestion of a $100 tax rebate to folks in stead, Republicans passed an energy laws. It is enforceable by State attor- this country, which would have re- bill which the Energy Information Ad- neys general and, as I said a minute quired $10 billion of additional bor- ministration said would raise gasoline ago, does provide vigorous civil and rowing, and basically subsidizing con- prices, and it has. criminal penalties. sumption, which does nothing to ad- Last Tuesday, President Bush called There is no excuse for price gouging dress the fundamental issues. on his administration to investigate in energy, and with the passage of this

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Mr. Speaker, I yield 2 permission to revise and extend his re- weakens this country not only in dol- minutes to the gentleman from Florida marks.) lars but what it does to the everyday (Mr. DAVIS) who is a member of the En- Mr. STEARNS. Mr. Speaker, as I life of an American, vacations missed, ergy and Commerce Committee and think most of us know after listening budgets broken and businesses has been advocating to try to get en- to this debate, the fuel prices around stretched thin. ergy prices under control from refinery this country have been rising. Begin- Mr. Speaker, I urge my colleagues to to gasoline. ning with the summer driving season, I pass H.R. 5253 and once and for all Mr. DAVIS of Florida. Mr. Speaker, think particularly in Florida where we make it clear that we in Congress are for years, many Members of this Con- have so many tourists, we are con- serious about solving our energy chal- gress have pushed for exactly this type cerned about it, and of course we know lenges at home so that we can be more of measure to be adopted today that that during the time of growing econo- successful in solving them abroad. This would give the Federal Trade Commis- mies, and China and India are con- bill will serve us and our children well. sion, the FTC, the authority it needs to suming more and more of the world’s Mr. STUPAK. Mr. Speaker, I yield 2 investigate price gouging. available petroleum supplies, that puts minutes to the gentleman from Ohio We are living in a time in my home us competitive here in the United (Mr. KUCINICH), who is always down State of Florida and every State with States. here every day advocating for the record profits and record prices, and I To make matters worse, nuclear am- American people. think the only people in the United bitions in Iran, the fourth largest pro- Mr. KUCINICH. Mr. Speaker, this bill States of America who think there is ducer of oil, intentions in Nigeria, the is called the Federal Energy Price Pro- nothing wrong with these prices are 12th, have created what would be per- tection Act of 2006 because the bill will the executives of these oil companies. ceived to be a perfect storm, which is a protect today’s excessive gasoline The only good thing that has come prices from government intervention. precipitous rise in gasoline and other out of the price that we are all having This bill will prevent our government fuel prices. to pay at the pump, it has finally Our problem back home now is how from actually doing anything to reduce forced this Congress to take a nec- to manage those global issues so that the price of gasoline. essary first step. I commend Congress- To reduce the price of gasoline, one they will have as little impact at home woman WILSON. This bill is meaningful. must understand the underlying causes on the average working American who It is a good first step in setting signifi- of excessive costs. Consider the fact just wants to take his family on that cant fines and penalties if, in fact, that it costs only $20 a barrel to ex- planned vacation to Florida, let us there is truly an investigation and en- tract oil out of the ground today, but hope, under a tight budget or maintain forcement or even the threat of en- oil companies are making $72 a barrel. his delivery business without taking forcement. This bill will give the FTC At the same time, the crude oil re- out additional loans just to fill up his the authority to define what price serves already pumped out and in stor- car. I am happy that my colleague, gouging is and then to take action. age are at all-time highs. Therefore, Mrs. WILSON, is taking up this bill, crude is not constrained, and the exces- 1145 b H.R. 5253, the Federal Energy Price sive price for a barrel of oil is not based The strong arm of the Federal Gov- Protection Act of 2006. I commend her on a free market. The crude oil price is ernment is necessary to act. This is too leadership for this. being manipulated with much specula- much power in the hands of a few com- I believe this bill deals directly and tion that recent increase in the oils fu- panies for a single State to act against. aggressively with the need to stabilize tures market had played a significant As Congresswoman SCHAKOWSKY the price of fuel in an uncertain world role. The recent increase in profits in pointed out, the unfortunate gratu- market and ensure that greed and op- the refinery business correlate with the itous remarks by the President that he portunism does not worsen those chal- industry effort to shut down to inde- does not think there is price gouging lenges by gouging the consumer at the pendent refineries to constrict supply. undermines our actions today. I do not pump. This bill for the first time al- These two factors account for 99 per- know what it feels like to him and oth- lows the Federal Trade Commission, cent of the excessive profits. ers, but it sure feels like price gouging which I have jurisdiction over as chair- Now, the FTC has approved the oil to me when I fill up my car, and I man of the Commerce, Trade and Con- companies’ monopolies, and they set think I can say that on behalf of the sumer Protection Subcommittee, at the stage for the increased prices. This Floridians that I represent. any time, my colleagues, to prosecute same FTC is going to define price So this is only a first step. If this ad- price gouging. This bill takes aim at gouging, as if they don’t know what it ministration is not truly serious about those in the wholesale and retail mar- already is? I suspect, under the FTC, investigating and letting these compa- kets for gasoline, diesel fuel, crude oil, the excessive profits are unlikely to be nies know there is a meaningful risk of home heating oil and biofuels who prey illegal unless the FTC can show manip- enforcement and fines and penalties, on their consumers for their own un- ulations occurred. Since manipulation this Congress should take further ac- just enrichment. is well disguised by the industry, the tion, and we should not wait until The FTC is directed to define what FTC will be easily able to brush aside prices go up further and profits go up price gouging actually is. We have had excessive profits as nothing more than further. them in a hearing, and they have de- a market signal. Any definition drafted I would also say now is the time for scribed it, but it is not a precise defini- by the current FTC will also likely es- the leadership in this Congress to bring tion. Let us get a precise definition. tablish that the price of crude oil set up the CAFE standards as well. There And a very important point: This legal by the world market and therefore any are other steps we can be taking to recourse and its enforcement provi- profits relative to that price are not raise fuel efficiency standards and to sions against gouging are always avail- price gouging. This bill will enable the reduce interdependency on other coun- able, not just in times of natural or en- Federal Government to cut off aggres- tries. So I salute Congresswoman WIL- ergy emergencies like we had in sive State actions by intervening and SON on this bill, but this has to be the Katrina. then settling with minimum penalties. first step of many in this Congress if Mr. Speaker, this bill’s hammer is Mr. Speaker, the American people we are truly serious as Democrats and triggered by consumer rip-offs, not just want something done now. We need a Republicans at cracking down on price bureaucratic proclamations. In addi- windfall profits tax, 100 percent on gouging. tion, State Attorney Generals will be windfall profits. That will give the oil Mrs. WILSON of New Mexico. Mr. empowered to bring cases under the companies a signal that they won’t for- Speaker, I thank my colleague for his Federal law, and those cases can lead get.

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.028 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H1998 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Mrs. WILSON of New Mexico. Mr. So we have legislation that would ac- Mr. Speaker, this bill includes strong Speaker, I reserve our time, and I be- tually reduce that, and let all those penalties, in fact stronger than the lieve I also have the right to close. who trade in the futures market when ones that my colleague from Michigan Mr. STUPAK. Mr. Speaker, may I in- we deal with oil to bring their trans- has in his bill. I think maybe if we quire how much time we have remain- actions, to bring some transparency would have worked together, we could ing. and bring it before the Commodities have come up with a good bill that The SPEAKER pro tempore. The gen- Futures Trading Commission to reduce both of our names were on. It gives us tleman from Michigan has 8 minutes. that price of oil by $20 per barrel. good clear definitions and says, we Mr. STUPAK. Mr. Speaker, I have no Mr. Speaker, as a Member of this have got 23 States that have price- other requests for time, so let me say a House, I would urge my colleagues to gouging laws, we need to get a clear few words, and then will yield back. vote ‘‘yes’’ on this legislation. It is an Federal definition of price gouging, and Mr. Speaker, the American people initial start. We can improve on it. And the Federal Trade Commission will are quite fed up with the price gouging as this process goes through, even give that to us. that is going on at the gasoline pump. though we were denied hearings, even It also deals with every month of the They know gouging when they see it, an opportunity to amend this legisla- year. The bill that we introduced in and they are being gouged. The Federal tion; in fact, most Members have never September, and my colleague from Government has the responsibility to seen it before. It was only introduced Michigan’s bill as well, only deals with protect consumers from price gouging. yesterday. We would hope that as this emergencies, when a disaster is de- bill moves through the entire legisla- Congress needs to pass legislation to clared. I think there is justification for tive process, that the other body would allow the Federal Trade Commission to saying the Federal Trade Commission at least include all energy products, prosecute price gouging. While the bill should have authority to look at unfair like natural gas which is not included before us is not perfect, I am pleased trade practices, whatever time they in this bill, propane which is not in- that the Republicans have finally real- may be. ized that price gouging is a serious cluded in this bill. What about the issue and it is an issue that needs to be market manipulation, predatory pric- b 1200 addressed. Our constituents are look- ing, regional price differences, all the Mr. STUPAK. Mr. Speaker, will the ing to Congress for relief. It is our duty things that we know happen in this gentlewoman yield? to approve legislation that would pro- country but yet we do not address in Mrs. WILSON of New Mexico. I yield vide relief to protect Americans from this bill? Like I said, it is an initial to the gentleman from Michigan. the increased financial hardship from good start. We are glad to see the Re- Mr. STUPAK. The gentlewoman is gasoline price gouging rates that is publican leadership finally acknowl- wrong on our legislation. My legisla- currently taking place. edge there is price gouging, but rest as- tion, the FREE Act, applies to every- Mr. Speaker, just as Republicans sured, the Democrats will continue to thing. It was your legislation that only have finally joined with us Democrats come up with bold new ideas on how to dealt with national emergencies. in addressing price gouging, I challenge get our hands on this energy crisis we Mrs. WILSON of New Mexico. If I am the Republicans, I challenge the chair- are dealing with and the skyrocketing incorrect on that, I apologize, Mr. STU- man of our Energy and Commerce high gasoline prices. The American PAK. It was my understanding that Committee to take up other proposals people are fed up. They have a right to your bill would require a trigger. we have, Mr. MARKEY’s proposal, a be. This is a good first start. I urge my Mr. STUPAK. If we had hearings and member of the Energy and Commerce colleagues to vote for this legislation. witnesses, we could bring out the dif- Committee, to reduce the royalties. Oil Mr. Speaker, I yield back the balance ferences between the bills, but since we companies get to drill on Federal of our time. have been denied it, I have to use this Mrs. WILSON of New Mexico. Mr. lands; they do not have to pay any roy- tactic to get the record straight on the Speaker, I thank my colleague from alties. With record profits, they should floor. Michigan for his support of this legisla- be paying increased royalties to the Mrs. WILSON of New Mexico. I thank tion. I introduced a bipartisan bill in American people. Or Mr. HIGGINS who my colleague from Michigan. September of 2005 about the same time This is a piece of legislation that all spoke earlier today about his piece of that my colleague from Michigan did. legislation that takes away the tax Our approaches are different in some of us have been working on for over 8 break from the oil companies that have respects, but this legislation we are months now, and I look forward to record profits last year of $113 billion, voting on today, a slightly different working with him as we move forward. or in its first quarter of this year, it is version of which was included in the Also, this piece of legislation does approximately $20 billion, in the first October 2005 Gas Act that the House not overwrite State law. In other quarter, in the first 90 days, $20 billion has already passed, is a good bill. It is words, those 23 States that do have in profits. Why do they need tax a solid piece of legislation and deserves some form of price-gouging legislation, breaks? Even the President said, as we the support of the House. that law stays in effect so that States were debating the Energy Policy Act of I also recognize that this is only one can use the Federal law, the Federal 2005 last year, that when oil is over $40 piece of the puzzle. We want to give the Trade Commission can use the Federal a barrel, there is no need for tax Federal Trade Commission the author- law, or States can use their own law so breaks. But yet we continue to give tax ity to investigate possible price that we don’t preempt State law. breaks to the oil companies. So there gouging. But that is not going to solve I think this is a good piece of legisla- are other proposals. Or even the pro- all of our energy problems. This fo- tion, a piece of legislation that will posal I have before this committee that cuses on one piece of the problem. The help to address the problems that every Mr. KUCINICH spoke of, the Pump Act, bill that we will consider next on the American is feeling at the pump and to prevent unfair manipulating of floor of the House will also look at an- help to make America more energy prices. We know that if this Congress other piece of the problem, and we are independent. I ask my colleagues for were to act, we could immediately going to try to pass some further legis- their support, and I urge adoption of bring down the price of a barrel of oil lation that deals with tax codes, that H.R. 5253. by $20 if we take the speculation, the increases domestic supply, that invests Mr. ETHERIDGE. Mr. Speaker, I am going fear and greed out of the oil futures in alternative sources, things like E–85. to vote for H.R. 5253 because I think it is a market. Since we passed the Energy Act in good bill and a timely bill. What took so long? Mr. Speaker, of the billions of dollars August and the chairman of the Energy Last September, Representative BART STUPAK, of oil that is traded in futures market, and Commerce Committee came out to Representative STEPHANIE HERSETH, and I 75 percent is not regulated. A mere 25 New Mexico to sign that landmark drafted H.R. 3936, the Free Act, which would percent is regulated by NYMEX, New piece of legislation, there are 29 new impose severe penalties on oil companies, York Mercantile Exchange. The other ethanol plants that have requested per- gas stations, and anyone who would collude 75 percent is unregulated. Therefore, mits so that we can use corn to fuel our to raise the price of gas. they use fear; they use speculation to vehicles rather than having to import But for eight months the Republican leader- drive up that price. oil from other countries. ship of this House has sat on this legislation

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and not allowed it to move forward. Only now, have enacted similar legislation in law long gouging legislation sponsored by Rep. STU- after gas prices have risen to new heights, do ago. PAK. the Republicans bring up this bill and call it There are certainly some price gougers out Better late than never, I suppose. But in the their own. there, especially in situations with tight sup- meantime, seven critical months have elapsed I urge support on H.R. 5253, but the Amer- plies during emergencies, but the American during which all manner of shenanigans may ican people deserve better leadership in this people should know that this legislation will have occurred in the energy markets. Fortu- body. not bring relief at the pump this year. nately for consumers, a mild winter sheltered Mr. BARTON of Texas. Mr. Speaker, I ask First, the FTC will take six months to define them from the full effects of high prices during that this exchange of letters be included in the price gouging before they can enforce the new the winter heating season, but last month gas- RECORD during today’s debate on H.R. 5253. law. oline prices shot up. As we approach the sum- U.S. HOUSE OF REPRESENTATIVES, Second, when the price of oil is $75 like it mer driving season, there is no relief in sight. COMMITTEE ON THE JUDICIARY, is this week, the price of gasoline is going to In a perfect world, I would support Rep- Washington, DC, May 3, 2006. be high, without any price gouging by any- resentative STUPAK’s bill over the legislation Hon. JOE BARTON, body. now under consideration. In fact, since last Chairman Committee on Energy and Commerce, The price of oil used to be controlled by December House Republicans could have Rayburn House Office Building, Wash- OPEC, but most energy experts believe that signed the discharge petition pending on the ington, DC. DEAR CHAIRMAN BARTON: In recognition of stable OPEC nations are producing at near full Stupak bill and passed it on the suspension the desire to expedite consideration of H.R. capacity. calendar. That would have empowered the 5253, a bill to prohibit price gouging in the The two major reasons why prices are going Federal Trade Commission to go after price sale of gasoline, diesel fuel, crude oil, and up is because of high global demand, particu- gougers—or better yet—the enactment of anti- home heating oil, the Committee on the Ju- larly the booming economies of China and gouging authority might have deterred gaso- diciary hereby waives consideration of the India, and instability in producing nations. line price gougers from taking advantage of bill. There are a number of provisions con- Iraq’s oil production has never recovered to U.S. consumers. tained in H.R. 5253 that implicate the Rule X pre-war levels due to the insurgency, and Nonetheless, the bill before us today is jurisdiction of the Committee on the Judici- ary. Specifically, the bill contains increases many believe that Iran’s oil production could much improved from the version the Majority in criminal penalties under title 18 of the soon be reduced due to our tensions with that offered in the fall. The American energy con- United States Code, which implicate the Ju- nation. sumer is hurting and action is needed. I will, diciary Committee’s jurisdiction under Rule In addition to being a large oil producer, Iran with some misgivings, support the bill before X(I)(l)(7) (‘‘criminal law enforcement’’). sits on the Straits of Hormuz between the Per- the House. The Committee takes this action with the sian Gulf and the Indian Ocean. Mrs. WILSON of New Mexico. Mr. understanding that by forgoing consider- If conflict were to occur in that global oil Speaker, I yield back the balance of ation of H.R. 5253, the Committee on the Ju- shipping choke point, the price of oil will in- my time. diciary does not waive any jurisdiction over The SPEAKER pro tempore (Mr. subject matter contained in this or similar crease even further. BOOZMAN). The question is on the mo- legislation. The Committee also reserves the Unfortunately instability in oil producing right to seek appointment to any House-Sen- countries is not limited to the Middle East. Ni- tion offered by the gentleman from ate conference on this legislation and re- geria, Angola, and other areas of Africa are Texas (Mr. BARTON) that the House sus- quests your support if such a request is experiencing civil wars which are limiting oil pend the rules and pass the bill, H.R. made. Finally, I would appreciate your in- exports. 5253. cluding this letter in the CONGRESSIONAL Our Administration has been engaged in a The question was taken. RECORD during consideration of H.R. 5253 on war of words with the President of Venezuela, The SPEAKER pro tempore. In the the House floor. Thank your attention to which is one of our major oil suppliers. opinion of the Chair, two-thirds of these matters. Bolivia just sent the army in to occupy its oil those present have voted in the affirm- Sincerely, ative. F. JAMES SENSENBRENNER, Jr., and gas fields, some of which had been jointly Chairman. explored with Spanish and U.S. oil companies Mrs. WILSON of New Mexico. Mr. under contracts approved by previous govern- Speaker, on that I demand the yeas U.S. HOUSE OF REPRESENTATIVES, ments. and nays. COMMITTEE ON ENERGY AND COM- With all of these developments in oil pro- The yeas and nays were ordered. MERCE, ducing nations and the surging global econ- The SPEAKER pro tempore. Pursu- Washington, DC, May 3, 2006. omy, the price of oil has gone up dramatically ant to clause 8 of rule XX and the Hon. F. JAMES SENSENBRENNER, Jr., Chair’s prior announcement, further Chairman, Committee on the Judiciary, Ray- and the price of gasoline tracks the price of oil. proceedings on this question will be burn House Office Building, Washington, postponed. DC. If a gas station or a gasoline distributor DEAR CHAIRMAN SENSENBRENNER: Thank wants to use the background of a rising mar- f you for your letter concerning H.R. 5253, a ket price to engage in price-gouging, they REFINERY PERMIT PROCESS bill to prohibit price gouging in the sale of should be stopped and punished. SCHEDULE ACT gasoline, diesel fuel, crude oil, and home The legislation by my friend BART STUPAK Mr. BARTON of Texas. Mr. Speaker, heating oil. may be superior to this legislation in some I appreciate your willingness not to seek a I move to suspend the rules and pass ways, and if the House was under Democratic referral on H.R. 5253. I agree that your deci- the bill (H.R. 5254) to set schedules for control we would have a more democratic sion to forego action on the bill will not prej- the consideration of permits for refin- process. udice the Committee on the Judiciary with eries. respect to its jurisdictional prerogatives on But this is a decent piece of legislation that The Clerk read as follows: this or future legislation. Further, I recog- gives the FTC authority to investigate price H.R. 5254 nize your right to request conferees on those gouging, so for that reason alone we should Be it enacted by the Senate and House of Rep- provisions within the Committee on the Ju- approve it. diciary’s jurisdiction should they be the sub- resentatives of the United States of America in Mr. DINGELL. Mr. Speaker, I congratulate Congress assembled, ject of a House-Senate conference on this or my colleagues on the other side of the aisle similar legislation. SECTION 1. SHORT TITLE. I will include our exchange of letters in the for awakening at long last to the need to pass This Act may be cited as the ‘‘Refinery Congressional Record during consideration strong anti-price gouging legislation to protect Permit Process Schedule Act’’. of the bill on the House floor. America’s energy consumers. SEC. 2. DEFINITIONS. Sincerely, It would have been far better if the House For purposes of this Act— JOE BARTON, majority had come to this realization last fall, (1) the term ‘‘Administrator’’ means the Chairman. when Representative STUPAK offered a strong- Administrator of the Environmental Protec- Mr. GENE GREEN of Texas. Mr. Speaker, er version of the bill we are now debating. In- tion Agency; (2) the term ‘‘applicant’’ means a person this legislation gives the FTC explicit authority stead, the Republicans voted down the STU- who is seeking a Federal refinery authoriza- to define and prosecute price gouging by gas- PAK bill on three separate occasions in Com- tion; oline retailers and wholesale distributors. mittee and on the House floor. Apparently, the (3) the term ‘‘biomass’’ has the meaning Given the amount of anger that Americans Majority has now seen the light, as this new given that term in section 932(a)(1) of the En- are feeling at the gasoline pumps, we should bill borrows heavily from H.R. 3936, anti- ergy Policy Act of 2005;

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.013 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2000 CONGRESSIONAL RECORD — HOUSE May 3, 2006 (4) the term ‘‘Federal refinery authoriza- eral refinery authorizations with respect to record compiled by the Federal coordinator tion’’— the refinery, consistent with the full sub- pursuant to subsection (c). (A) means any authorization required stantive and procedural review required by (5) EXPEDITED REVIEW.—The Court shall set under Federal law, whether administered by Federal law. If a Federal or State agency re- any civil action brought under this sub- a Federal or State administrative agency or sponsible for a Federal refinery authoriza- section for expedited consideration. official, with respect to siting, construction, tion with respect to the refinery is not rep- SEC. 5. DESIGNATION OF CLOSED MILITARY expansion, or operation of a refinery; and resented at such meeting, the Federal coor- BASES. (B) includes any permits, licenses, special dinator shall ensure that the schedule ac- (a) DESIGNATION REQUIREMENT.—Not later use authorizations, certifications, opinions, commodates those Federal refinery author- than 90 days after the date of enactment of or other approvals required under Federal izations, consistent with Federal law. In the this Act, the President shall designate no law with respect to siting, construction, ex- event of conflict among Federal refinery au- less than 3 closed military installations, or pansion, or operation of a refinery; thorization scheduling requirements, the re- portions thereof, as potentially suitable for (5) the term ‘‘refinery’’ means— quirements of the Environmental Protection the construction of a refinery. At least 1 (A) a facility designed and operated to re- Agency shall be given priority. such site shall be designated as potentially ceive, load, unload, store, transport, process, (B) Not later than 15 days after completing suitable for construction of a refinery to re- and refine crude oil by any chemical or phys- the memorandum of agreement, the Federal fine biomass in order to produce biofuel. ical process, including distillation, fluid coordinator shall publish the memorandum (b) REDEVELOPMENT AUTHORITY.—The rede- catalytic cracking, hydrocracking, coking, of agreement in the Federal Register. velopment authority for each installation alkylation, etherification, polymerization, (C) The Federal coordinator shall ensure designated under subsection (a), in preparing or revising the redevelopment plan for the catalytic reforming, isomerization, that all parties to the memorandum of installation, shall consider the feasibility hydrotreating, blending, and any combina- agreement are working in good faith to carry and practicability of siting a refinery on the tion thereof, in order to produce gasoline or out the memorandum of agreement, and installation. distillate; shall facilitate the maintenance of the (c) MANAGEMENT AND DISPOSAL OF REAL (B) a facility designed and operated to re- schedule established therein. PROPERTY.—The Secretary of Defense, in ceive, load, unload, store, transport, process, (c) CONSOLIDATED RECORD.—The Federal managing and disposing of real property at and refine coal by any chemical or physical coordinator shall, with the cooperation of an installation designated under subsection process, including liquefaction, in order to Federal and State administrative agencies (a) pursuant to the base closure law applica- produce gasoline or diesel as its primary out- and officials, maintain a complete consoli- ble to the installation, shall give substantial put; or dated record of all decisions made or actions deference to the recommendations of the re- (C) a facility designed and operated to re- taken by the Federal coordinator or by a development authority, as contained in the ceive, load, unload, store, transport, process Federal administrative agency or officer (or redevelopment plan for the installation, re- (including biochemical, photochemical, and State administrative agency or officer act- garding the siting of a refinery on the instal- biotechnology processes), and refine biomass ing under delegated Federal authority) with lation. The management and disposal of real in order to produce biofuel; and respect to any Federal refinery authoriza- property at a closed military installation or (6) the term ‘‘State’’ means a State, the tion. Such record shall be the record for judi- portion thereof found to be suitable for the District of Columbia, the Commonwealth of cial review under subsection (d) of decisions siting of a refinery under subsection (a) shall Puerto Rico, and any other territory or pos- made or actions taken by Federal and State be carried out in the manner provided by the session of the United States. administrative agencies and officials, except base closure law applicable to the installa- SEC. 3. STATE ASSISTANCE. that, if the Court determines that the record tion. (a) STATE ASSISTANCE.—At the request of a does not contain sufficient information, the (d) DEFINITIONS.—For purposes of this sec- governor of a State, the Administrator is au- Court may remand the proceeding to the tion— thorized to provide financial assistance to Federal coordinator for further development (1) the term ‘‘base closure law’’ means the that State to facilitate the hiring of addi- of the consolidated record. Defense Base Closure and Realignment Act tional personnel to assist the State with ex- (d) REMEDIES.— of 1990 (part A of title XXIX of Public Law pertise in fields relevant to consideration of (1) IN GENERAL.—The United States Dis- 101–510; 10 U.S.C. 2687 note) and title II of the Federal refinery authorizations. trict Court for the district in which the pro- Defense Authorization Amendments and (b) OTHER ASSISTANCE.—At the request of a posed refinery is located shall have exclusive Base Closure and Realignment Act (Public governor of a State, a Federal agency re- jurisdiction over any civil action for the re- Law 100–526; 10 U.S.C. 2687 note); and sponsible for a Federal refinery authoriza- view of the failure of an agency or official to (2) the term ‘‘closed military installation’’ tion shall provide technical, legal, or other act on a Federal refinery authorization in means a military installation closed or ap- nonfinancial assistance to that State to fa- accordance with the schedule established proved for closure pursuant to a base closure cilitate its consideration of Federal refinery pursuant to the memorandum of agreement. law. authorizations. (2) STANDING.—If an applicant or a party to SEC. 6. SAVINGS CLAUSE. SEC. 4. REFINERY PROCESS COORDINATION AND a memorandum of agreement alleges that a Nothing in this Act shall be construed to PROCEDURES. failure to act described in paragraph (1) has affect the application of any environmental (a) APPOINTMENT OF FEDERAL COORDI- occurred and that such failure to act would or other law, or to prevent any party from NATOR.— jeopardize timely completion of the entire bringing a cause of action under any envi- (1) IN GENERAL.—The President shall ap- schedule as established in the memorandum ronmental or other law, including citizen point a Federal coordinator to perform the of agreement, such applicant or other party suits. responsibilities assigned to the Federal coor- may bring a cause of action under this sub- SEC. 7. REFINERY REVITALIZATION REPEAL. dinator under this Act. section. Subtitle H of title III of the Energy Policy (2) OTHER AGENCIES.—Each Federal and (3) COURT ACTION.—If an action is brought Act of 2005 and the items relating thereto in State agency or official required to provide a under paragraph (2), the Court shall review the table of contents of such Act are re- Federal refinery authorization shall cooper- whether the parties to the memorandum of pealed. ate with the Federal coordinator. agreement have been acting in good faith, The SPEAKER pro tempore. Pursu- (b) FEDERAL REFINERY AUTHORIZATIONS.— whether the applicant has been cooperating ant to the rule, the gentleman from (1) MEETING PARTICIPANTS.—Not later than fully with the agencies that are responsible Texas (Mr. BARTON) and the gentleman 30 days after receiving a notification from an for issuing a Federal refinery authorization, from Virginia (Mr. BOUCHER) each will applicant that the applicant is seeking a and any other relevant materials in the con- control 20 minutes. Federal refinery authorization pursuant to solidated record. Taking into consideration The Chair recognizes the gentleman Federal law, the Federal coordinator ap- those factors, if the Court finds that a fail- pointed under subsection (a) shall convene a ure to act described in paragraph (1) has oc- from Texas. meeting of representatives from all Federal curred, and that such failure to act would GENERAL LEAVE and State agencies responsible for a Federal jeopardize timely completion of the entire Mr. BARTON of Texas. Mr. Speaker, refinery authorization with respect to the re- schedule as established in the memorandum I ask unanimous consent that all Mem- finery. The governor of a State shall identify of agreement, the Court shall establish a new bers may have 5 legislative days in each agency of that State that is responsible schedule that is the most expeditious coordi- which to revise and extend their re- for a Federal refinery authorization with re- nated schedule possible for completion of marks on the legislation and insert ex- spect to that refinery. preceedings, consistent with the full sub- traneous material on the bill. (2) MEMORANDUM OF AGREEMENT.—(A) Not stantive and procedural review required by The SPEAKER pro tempore. Is there later than 90 days after receipt of a notifica- Federal law. The court may issue orders to tion described in paragraph (1), the Federal enforce any schedule it establishes under objection to the request of the gen- coordinator and the other participants at a this paragraph. tleman from Texas? meeting convened under paragraph (1) shall (4) FEDERAL COORDINATOR’S ACTION.—When There was no objection. establish a memorandum of agreement set- any civil action is brought under this sub- Mr. BARTON of Texas. Mr. Speaker, ting forth the most expeditious coordinated section, the Federal coordinator shall imme- I yield myself such time as I may con- schedule possible for completion of all Fed- diately file with the Court the consolidated sume.

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.007 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2001 Mr. Speaker, we now take up a sec- the permitting process so that you can Mr. BOUCHER. Mr. Speaker, I rise in ond bill today to help improve our en- get a decision in a timely fashion. opposition to this bill and urge its re- ergy outlook, H.R. 5254, the Refinery The bill before us would put all agen- jection by the House. Permit Process Schedule Act. Getting cies responsible for considering permit- Democrats are more than willing to new refinery projects sited and per- ting applications for an oil refinery, a work with the majority Republicans to mitted is a challenge to energy devel- coal-to-liquid refinery, or a biofuel re- write legislation which addresses con- opers, especially to new market en- finery, that they would have to sit stricted refinery capacity in a proper trants who could offer alternatives to down at the same table and hammer manner. But on the measure we are de- today’s overworked refineries. out a coordinated action schedule. bating this morning, we were not con- The plain fact is that our country is They would put permitting schedules sulted. In fact, no hearings have been losing its ability to refine oil into on parallel tracks and instill focus and held on the bill. No markup sessions motor fuel. We are not only importing teamwork in process. have been conducted. There has been oil in ever-greater quantities, now we The schedule will appear in the Fed- no consideration whatsoever of this are importing gasoline by the shipload, eral Register for all stakeholders to measure by the House Committee on too. The threat that we face today is see; and if an agency drags its feet and Energy and Commerce, which is the not only to the price but also to the throws everyone else off schedule, you committee of jurisdiction. The bill was supply. can go to court and a court can order not even introduced until late last If you tried to buy gasoline at one of to get that particular agency back on night or early this morning. the stations that have run out of gas track. They cannot tell the agency how If the majority party is willing to lately, you will remember the gasoline to rule, but it can require that they work with us, we would make every ef- lines of 1970s. High prices are a hard- meet the schedule that has been agreed fort to construct a thoughtful bill that ship, but dry pumps are a disaster. As to by all of the other State and Federal addresses the refinery shortage in a I pointed out earlier today, at the 7– agencies that have permitting author- constructive way and bring that bipar- Eleven station at Glebe Road and Sec- ity under the current laws. tisan measure to the floor of the House ond Street in Arlington, Virginia, when Public participation will go on ex- within a matter of days or at most a I went by this morning to get some actly as it has in the past. All of the matter of weeks. I hope the majority gasoline, there was no gasoline to be open records requirements will go on Republicans will consider and accept had. exactly as it has in the past. So we are our offer. My Taurus that I am driving here in not short-sheeting any environmental But the bill before us is not construc- Washington is now literally on ‘‘E’’ and protection law under this pending leg- tive. According to testimony the Con- I hope I have enough to get to a station islation. All we are doing is saying, gress received last year, the bill would that has some gasoline later this since we have a situation in the United weaken environmental protections but evening when Congress recesses for the States of America where we use 21 mil- do virtually nothing to encourage the day. lion barrels of refined products every construction of new gasoline refineries. The last American refinery to be day and we only have refining capacity The bill before us repeals the law re- built from scratch in this country was for 17, it is about time that we do quiring the States and the Federal over 30 years ago, and I believe it was something to make it possible to build Government to work together to set in Louisiana. We have shut down more and expand existing refineries in the deadlines and streamline the process refineries in the last 30 years than we United States. for issuing permits for new refinery have refineries in operation today in It takes a million dollars per thou- construction. That new requirement the United States. Most of those are sand barrels of capacity. So we need 4 became law just last August. Rather clustered in the gulf coast region, million barrels of new refinery capac- than repeal it now, let us give it a which, as we know because of Hurri- ity. That is somewhere between $40 bil- chance to work. canes Katrina and Rita, are in harm’s lion and $60 billion. Nobody in their The bill before us adds a new layer of way if hurricanes continue to batter right mind is going to put up that kind Federal bureaucracy by creating a Fed- that part of the country. of money to expand refinery capacity eral coordinator to oversee State per- Hurricane Katrina has taught us when it takes as long as 10 years just mitting actions, and States would be some very bitter lessons. One was do to get the permit to build or expand ex- mandated to meet a Federal schedule not put too many of your refinery eggs isting refinery. for issuing refinery construction per- in one basket. The bill before us will make it pos- mits. This bill does nothing to dictate new sible to get a decision on the permits. States that have legitimate environ- refinery locations. Only developers and The President has asked that we do it mental concerns would find their nor- local State governments can do that. within 1 year. The bill before us does mal review process short-circuited But it will make certain that the Fed- not set a 1-year timetable exactly, but under a mandated Federal schedule for eral Government does its part to elimi- we would hope that the consolidation permit issuance. And the bill proceeds nate some of the needless, in my opin- process and the parallel-track process from a deeply flawed assumption that ion, bureaucratic delay if somebody would shorten the permitting window. the reason we have a refinery shortage wants to build a new refinery or expand If we can get it down to a year or 18 is burdensome State permitting proc- an existing refinery. And, in my opin- months, I think the day would come esses. The real reason we have a refin- ion, we need to do that. very soon where we would see compa- ery shortage is that the companies We consume about 21 million barrels nies announcing new refinery projects, that own refineries are profiting enor- of refined product in the United States which would be good for the public in mously from the present market struc- every day. Our refinery capacity lo- the form of lower prices. ture, including the refinery bottleneck. cated domestically is less than 17 mil- Mr. Speaker, I reserve the balance of In essence, they are making more lion barrels per day. That is a shortage my time. money by refining less gasoline. of 4 million barrels a day in refining Mr. Speaker, I ask unanimous con- The real reason we do not have capacity for domestic demand for re- sent that the gentleman from New enough refineries is economic interest, fined products from oil. Hampshire (Mr. BASS) manage the rest not environmental constraints. Are we trying to take a backseat to of the floor time on the majority side. Here is what the oil company CEOs environmental protection? Nothing of The SPEAKER pro tempore. Is there had to say about the regulations re- the sort. Under this bill, while the EPA objection to the request of the gen- garding the regulations citing new re- will be given priority to coordinate and tleman from Texas? fineries. consolidate the permitting process, we There was no objection. Last November, the CEO of Shell tes- are not backing down on one permit Mr. BOUCHER. Mr. Speaker, I yield tified to the Senate, ‘‘We are not aware that is required at the State or Federal myself 4 minutes. of any environmental regulations that level. The EPA and the Department of (Mr. BOUCHER asked and was given have prevented us from expanding re- Energy under this bill would work to- permission to revise and extend his re- finery capacity or siting a new refin- gether to consolidate and streamline marks.) ery.’’

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.037 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2002 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Conoco’s CEO testified, ‘‘At this to be crossed but simply makes it run that would have set our Nation on the time, we are not aware of any projects more efficiently. That is all this bill is right course. It would have created a that have been directly prevented as a trying do. Strategic Refinery Reserve, giving the result of any specific Federal or State Now, there is a provision that allows U.S. Government the ability to refine regulation.’’ the President to simply suggest that its own oil for use by military and first The record before the Congress is three base closures be identified for responders. The Strategic Refinery Re- clear. It is devoid of any evidence that possible location. There is no require- serve would have made that difference. environmental permitting has delayed ment that it be done. And it also con- But rather than solve the problem, or prevented the construction of new tains a provision that allows for the we are here with a plan that will not refineries. In fact, the record clearly same expedited process to apply to bio- increase refinery capacity, will not shows that environmental permitting refineries as well. And as one who bring down the price of gas and will not is simply not a problem. And yet this comes from New Hampshire, we need to ensure any ability of the United States bill weakens environmental permit- develop biorefinery capacity in this to refine its own gasoline. ting. It is the wrong answer for the country. We are moving away from I urge my colleagues to reject and problem that we face. MTBEs as an oxygenate for gasoline, give us the opportunity to take this ac- Let us reject this measure and begin and I have as a high-priority project tion that will really make a difference working in a bipartisan fashion this the development of an ethanol refinery for our constituents. afternoon in order to write a law that from cellosic fiber, in other words, And I would also like to make ref- will make a genuine difference. If the wood products somewhere in the north- erence to letters that we will be sub- Republicans are willing, Democrats east. And this process, although not mitting later from the State Air Qual- pledge our best efforts to work with circumventing, as I said before, any ity Program administrators and var- you to achieve that goal. particular rule or regulation, will ious environmental organizations. Mr. Speaker, I reserve the balance of make the process go quicker. Mr. BASS. Mr. Speaker, I include for my time. And I understand my colleague’s con- the RECORD a letter dated May 3, 2006, Mr. BASS. Mr. Speaker, I yield my- cern about not having enough hearings from the National School Transpor- self 4 minutes. and so forth. But this bill simply tation Association, expressing their Mr. Speaker, I rise in strong support speeds up the process. And if you want support for the pending bill. of the pending legislation, and I urge the process to last as long as possible NATIONAL ASSOCIATION FOR PUPIL my colleagues on both sides of the aisle and not have any new refinery capacity TRANSPORTATION, to do likewise. As others have stated, in this country, vote ‘‘no’’ on this bill. Albany, NY. it is clear that refinery capacity has I understand that. But I believe in the NATIONAL SCHOOL TRANSPORTATION not been able to keep up with demand. process, but I believe that it should be ASSOCIATION, Alexandria, VA, May 3, 2006. Although current refiners have been quick and expedient but fair. Hon. DENNIS HASTERT, able to ramp up their production some- Mr. Speaker, I reserve the balance of Speaker, House of Representatives, times in excess of 100 percent, which is my time. Washington, DC. an interesting mathematical challenge, Mr. BOUCHER. Mr. Speaker, I yield 2 Hon. NANCY PELOSI, the fact of the matter is that our popu- minutes to a member of the House En- Minority Leader, House of Representatives, lation has grown, our economy has ergy and Commerce Committee, the Washington, DC. grown, and the resulting demand for gentlewoman from California (Ms. DEAR MR. SPEAKER AND MINORITY LEADER PELOSI: On behalf of school transportation more energy across the board has cre- SOLIS). Ms. SOLIS. Mr. Speaker, today I rise interests around the country (both public ated a situation where, when we have a and private), I am writing to urge quick ac- disaster similar to the one we had last in strong opposition to this bill. The tion on H.R. 5254, to increase the availability summer with Hurricane Katrina where bill will not increase refinery capacity. of reasonably priced fuel by streamlining the refiners were clustered in one specific It will not bring down the price of gas- permitting process for new or expanded re- area of the country, they were running oline, and it will not ensure any ability fineries and H.R. 5253, to ensure that the at full capacity, they were shut down of the United States to refine its own Federal government has the authority nec- for a period of time, we had a short- gasoline. essary to investigate price gouging by fuel term crisis which we were able to get The bill is based on a false premise. suppliers. Our industry is struggling with There is no evidence that refineries are staggeringly high fuel costs that are threat- over, but it was not easy. ening our ability to provide low-cost, safe Historically, utilization has been being denied needed permits either for transportation for 25 million school children much lower than it has for the last 20 construction or expansion. In written each day. Enactment of these two measures or so years; and the reason for that is testimony before the Senate, Chevron can help drive down the cost of fuel in the we have not built a new refinery. CEO stated, and I quote, ‘‘we are not long-run and we support their approval by I agree that this bill is not going to aware of any projects that have been the House. circumvent any of the procedural hur- directly prevented as a result of any The nation’s school bus fleet is the largest dles that need to be crossed in order to specific Federal or State regulation.’’ mass transportation fleet in the country, 2.5 The truth is that refiners do not times the size of all other forms of mass build a new refinery. But what it does transportation including transit, intercity do is something that is, in my opinion want to expand existing or construct buses, commercial airlines and rail, com- at least, is innovative and imaginative new refineries. The dirty secret is they bined. This system is also the safest way to in that it establishes a coordinator are not going to make any money off of transport children to and from school every that will help make sure that the proc- that. day. The National Academy of Sciences has ess, although not shortened because The five largest oil companies re- reported that there are approximately 800 fa- you are circumventing any regulation, ported a record $110 billion in profits in talities per year among children who do not makes this process work coterminously 2005, and three of the largest petroleum ride school buses, while the school bus re- lated annual fatality rate is less than 20. rather than successively. companies made more than $16 billion in the first quarter of 2006. Keeping our school buses running is vital to Nobody will lose the ability to have the safety of our children. their voice heard. There will be no part Existing law already provides for new In the wake of instability in crude oil sup- of the process circumvented. But an in- permitting assistance; 1 year ago, in plies, Hurricane Katrina and other factors, vestor, a developer, a refiner, will have fact, this body passed the Energy Pol- rising fuel costs have devastated the indus- the certainty of knowing that there is icy Act. Title 3, subsection H, of the try and now threaten to force the involun- a master plan in place, that there is a Energy Policy Act allowed States to tary reduction of school bus transportation seek additional assistance from the nationwide. In addition, today’s diesel fuel Federal coordinator and that there is a prices are significantly higher than they process that can be more predictable. Federal Government for permitting when it was needed. were one year ago and are more than twice b 1215 what they were four years ago. This is prov- Yet the legislation before us today ing to be a burden to public and private oper- And I don’t see how you can be repeals this provision and replaces it ators alike. against a process that uses the current with less effective language. Last year Public school systems and their school system and all of its hurdles that need Democrats brought a plan to this floor transportation providers are not able to pass

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.038 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2003 on the costs to the students they drive to the refineries, even going so far as pay- STAPPA President. and from school every day. Instead, many ing their legal costs. In today’s bill, JOHN A. PAUL, school districts have responded to this crisis while we still create a new cause of ac- ALAPCO President. by eliminating field trips and worse, reduc- tion, a court, the Federal district court ing transportation to and from school, forc- Mr. Speaker, I yield for the purpose ing students to find less safe and reliable must consider the behavior of all par- of making a unanimous consent re- ways to access their education or even tem- ties, including whether the refiner has quest to the gentleman from Michigan porarily closing schools. For example, in been cooperating fully with regulators, (Mr. STUPAK). Ohio school districts have eliminated school and then the court can do nothing bus service to 80,000 school children a day more than impose a new schedule. And (Mr. STUPAK asked and was given and, just last week a local school system in this bill explicitly preserves every pro- permission to revise and extend his re- Tennessee closed for two days due to the in- vision of current environmental law, marks.) ability to provide school transportation due including the right to bring citizen Mr. STUPAK. Mr. Speaker, I urge a to the high cost of fuel for their buses. suits. ‘‘no’’ vote on this legislation. We understand that there are no easy solu- So I think we have struck the right tions to this problem, but are writing to ask As a member of the Energy and Commerce balance, and I urge adoption of this for your help nonetheless. We ask that Con- Committee, I am concerned that the Repub- gress act quickly to help increase supplies of measure. Mr. BOUCHER. Mr. Speaker, I insert licans are attempting to move legislation that fuel by ensuring that adequate refining ca- would significantly alter Federal law regarding pacity is available as quickly as possible and in the RECORD a letter dated May 3, that any allegations of price gouging are 2006, from the State and Territorial Air the refinery permitting process without a com- fully investigated. We understand that the Pollution Program Administrators, mittee hearing, without a markup, without even House is preparing to act on H.R. 5254 and joined in that letter by the Association allowing the bill to be amended on the floor. H.R. 5253 later today. We welcome and sup- of Local Air Pollution Control Offi- This bill is a rerun of the Gasoline for Amer- port these initiatives and ask for broad, bi- cials. ica’s Security (GAS) Act, which was only ap- partisan action to enact these important STATE AND TERRITORIAL AIR POLLU- proved by the House by a vote of 212 to 210 measures as a way to help bring down prices TION PROGRAM ADMINISTRATORS, for fuel as quickly as possible so that school after the Republican Leadership held the vote ASSOCIATION OF LOCAL AIR POLLU- children will continue to be able to have ac- open for 45 minutes, twisted arms. That GAS TION CONTROL OFFICIALS, cess to the safest possible mode of transpor- Refinery bill was a bad bill then, and now this tation. We also pledge to work with you to Washington, DC, May 3, 2006. DEAR REPRESENTATIVES: On behalf of the bill before us is even worse. find and advance other solutions that might State and Territorial Air Pollution Program By pushing refinery legislation through the provide more immediate relief, such as H.R. Administrators (STAPPA) and the Associa- 4158, legislation introduced earlier this year House without any hearings, debate, or tion of Local Air Pollution Control Officials amendments, we are doing the American pub- to provide grants to cover the cost of energy (ALAPCO), we write to you today to express for financially strapped school districts. the associations’ concerns regarding the Re- lic a disservice. Sincerely, finery Permit Process Schedule Act. While the proponents of this legislation con- LEONARD BERNSTEIN, First, we question the premise of this bill— tend that oil companies are unable to improve President, National namely, that environmental permitting re- their refinery capacity because of excessive Association of Pupil quirements obstruct efforts to construct or Transportation. expand refining capacity and contribute to regulation, the truth is, oil companies have in- JOHN D. CORR, Jr., escalating gasoline prices. We are aware of tentionally reduced domestic refining capacity President, National no evidence that such requirements, particu- to drive up gas prices. School Transpor- larly those related to air pollution, have pre- I have here internal memos from Mobil, tation Association. vented or impeded construction of new, or the major modification of existing, refin- Chevron, and Texaco, specifically advocating Mr. Speaker, I yield 2 minutes to my eries. In fact, what experience shows is that that these companies limit their refining capac- friend from New York (Mr. BOEHLERT). when regulated sources comply with federal, ity to drive up prices. Mr. BOEHLERT. I rise in support of state and local permitting requirements in a this bill, and I want to thank Chairman From September 2004 to September 2005, timely manner, state and local agencies are refineries profits increased by 255 percent. BARTON and the committee and par- able to act expeditiously to approve permits. ticularly Mr. BASS for his leadership Second, it is unclear how this bill would During the first quarter of 2006, Valero En- and for facilitating staff discussions expedite the issuance of permits. Rather, it ergy Corporation, the largest refiner in the appears that it could have the opposite ef- United States, reported profits 60 percent and providing very helpful suggestions fect. Subtitle H of Title III of the Energy as we fashion this bill. Policy Act of 2005, approved by Congress last higher than last year. I think this bill will not do any year to streamline the permitting of refin- Obviously, complying with Federal regula- harm, and it could do some good. While eries, already provides states the ability to tions does not present these companies with regulations have not prevented oil re- request special procedures to coordinate fed- a significant financial hardship. finery expansion and while regulations eral and state agency permitting actions for are not the reason that new refineries refineries. Repealing those provisions and re- I encourage my Republican colleagues to placing them with ones that insert a ‘‘Fed- have not been built, it can’t hurt to address real legislation that can help the eral Coordinator’’ into the process and im- American consumer at the pump, rather than help streamline the process, as long as pose additional procedural requirements on streamlining is not a euphemism for legislation that provides additional hand-outs states and localities—including a require- and free-rides for their friends in the oil indus- weakening environmental protections. ment to enter into judicially enforceable And in this bill, I think we have hit the schedules—would almost surely delay the try. right balance. permitting process. Vote ‘‘no’’ on H.R. 5254. This bill is a far cry from the bill the Third, we are concerned that this bill is moving directly to the floor of the House of Mr. BOUCHER. Mr. Speaker, I yield 3 House debated last fall. Some of the Representatives, circumventing consider- minutes to the gentleman from Maine commentary I have heard from oppo- ation by the House Committee on Energy (Mr. ALLEN). nents of the bill on the floor address and Commerce and open public debate during Mr. ALLEN. Mr. Speaker, I rise in the old bill. In this bill, the Depart- which state and local permitting authorities strong opposition to this bill. It is ment of Energy, which isn’t even in- and other stakeholders could present their being rushed to the floor under expe- volved in refinery permitting, would views. STAPPA and ALAPCO understand the de- dited consideration with limited de- have been able to impose a schedule on sire to take swift action of some kind to ad- bate, no opportunity for amendments, other agencies and States, and that dress fuel prices. Moreover, we recognize no hearings, no markup. In fact, as of schedule was designed to speed the that this particular bill is an improvement yesterday, the bill hadn’t even been in- process at all costs. over other refinery permitting legislation in- In today’s bill, the new bill, the Fed- troduced in the past few years. Notwith- troduced. This is yet another example eral Government will bring together all standing this, however, we firmly believe en- of the ‘‘ready, fire, aim’’ approach that the permitting authorities to agree on vironmental permitting requirements have passes for legislating in the Repub- a permitting schedule acceptable to all been wrongly targeted and, further, that the lican-controlled House. Refinery Permit Process Schedule Act could Unfortunately, some communities in of them, and that schedule must allow result in unintended, problematic con- for the full, substantive and procedural sequences. Therefore, our associations op- this country that are suffering the review required by law. pose the bill. most right now are caught in the cross- In last fall’s bill, any legal pro- Sincerely, fire. They are the communities that ceedings were to be biased in favor of EDDIE TERRILL, are coping with a military base closed

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.005 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2004 CONGRESSIONAL RECORD — HOUSE May 3, 2006 through the BRAC process. This bill Mr. WAXMAN. Mr. Speaker, the Re- So I appreciate the apparent support resurrects the bad idea that commu- publican leadership has a problem. For that my friend from California has for nities with closed military bases be- 6 years, they have worked to give the making sure that this process, permit- come dumping grounds for refineries. big oil companies everything they ting process, is sped up. There is nothing, absolutely nothing could ever want, subsidies, environ- Mr. Speaker, I yield 3 minutes to my in existing statutes or regulations that mental exemptions, loopholes and pay- friend from Illinois (Mr. SHIMKUS). prohibits a local redevelopment au- backs, and the results have been spec- Mr. SHIMKUS. Mr. Speaker, just a thority from developing a closed base tacular for the oil companies. brief part of good news. I just heard into a refinery complex. In fact, for ExxonMobil just announced first- from Champion Laboratories that some communities, a refinery may quarter profits of over $8 billion. They makes fuel filters that they are closing make sense. But that decision should now make more in a single quarter their Mexico plant and adding 100 jobs be made by the local community, not than they used to make in an entire back in my district and developing a by the President or the Secretary of year. They rewarded their CEO with a line. So the economy is moving for- Defense. retirement package totaling nearly ward. And that is good news. And Proponents of this bill say they $400 million. sometimes we don’t hear that. aren’t forcing an LRA to build a refin- Well, it is a different story for the A lot of focus of this debate is on ery, only to consider one. But under American people. Gasoline prices have crude oil and gas. And the fact that we current law, the Secretary of Defense doubled. Home heating prices have import refined product, the fact that has the final say about a reuse plan, soared. Natural gas prices have risen to we import gasoline and not just crude and this bill requires an LRA to put a unprecedented levels. And we are more oil, should make us all concerned, and refinery into the reuse plan. Moreover, dependent than ever on imported oil. that is really the premise of this de- the Secretary has the power to transfer The Republican leadership has a bate. the land at little or no cost, if he problem. They want desperately to b 1230 chooses to do so. blame State and local governments, to Two years ago, Chairman Alan So if Donald Rumsfeld wants to give blame environmental requirements for Greenspan stated at the Economic Club away a closed military base in your the cost of gasoline. That is the myth in New York that we do not have any community to ExxonMobil to build a they want to create. But the facts are refineries, not just in the United States refinery, there is nothing your commu- completely different. but we do not have any expanded refin- nity can do to stop it. Nothing. In fact, Permits have been readily granted ery capacity in the world, especially as your community could have been whenever refiners have applied for we are making fuel products. And I forced to spend its own resources to them. For instance, in Yuma, Arizona, have the quote right here, but for time draw up a plan to build a refinery, even permits have been issued not once but I will save that. if the community didn’t want one. twice for the construction of a new re- But I want to focus on another provi- The BRAC process has already pun- finery, but the oil industry refuses to sion of this bill. If you do not like Big ished these communities enough, in- actually invest and rebuild it. And re- Oil, support this bill. If you do not like cluding the town of Brunswick in my cently, this project may have been Big Oil, if you want a competitive to district. Congress should not add insult dealt a death blow when the Mexican crude oil gasoline, support this bill. to injury by punishing them again. Government announced it would not Why? Because the incentives to in- I urge my colleagues to vote against supply the proposed refinery with crease the refinery capacity will also this ill advised Republican refinery crude oil. apply to biofuels. bill. To the extent there ever was a prob- Twenty-nine new ethanol facilities Mr. BASS. Mr. Speaker, I yield my- lem with permitting refineries, Energy are in Illinois. I drive an E85 flexible self 30 seconds. Secretary Bodman has stated that the I just want to correct the record if I fuel vehicle, 10 to 15 cents less a gallon; problem was solved in last year’s en- could. It is my understanding that the and 2 years ago I did not have a single ergy bill. retail location in my district when I bill only allows the President to iden- Well, the State and Territorial Air tify a possible closed military base for had a flexible fuel vehicle, Ford Tau- Pollution Program Administrators de- rus. Now I have over 20 locations. That a refinery location. It is only drawing livered a letter to the House that said attention, and it does nothing more is good; and if we want to incentivize this legislation would have the oppo- new competitors to Big Oil, we need than that. site effect that is intended. It would al- Mr. Speaker, I yield 1 minute to my new biorefineries. That is in this bill. most surely delay the permitting proc- friend from California (Mr. HERGER). So all my ag friends need to look at Mr. HERGER. Mr. Speaker, I rise in ess. this bill. Mr. Speaker, we need to reject this strong support of H.R. 5254 to stream- Secondly, and I have some here in legislation. It is based on a faulty line the permitting process of oil refin- this Chamber, my friends from the coal premise, repeals a law that is said to be eries. basin, another great way to defeat Big My constituents in rural northern successful and replaces it with an ap- Oil is to get the rebirth of big coal. And California are paying some of the high- proach that will delay the permitting Btu conversion, taking our coal fields, est gas prices in the Nation. process. And presumably, it does all can you imagine this: a coal mine in Red tape is stifling the construction this so that we can claim we have done Virginia, West Virginia, Kentucky, of new and expansion of existing refin- something about gasoline prices. Ohio, Illinois; and on top of that coal eries and technology to make refin- Mr. BASS. Mr. Speaker, I yield my- mine, you put a refinery. Look at all eries cleaner and more efficient. In self 30 seconds simply to say that it is the issues that we address. No longer fact, America has not built a new refin- interesting that my friend from Cali- dependent on foreign crude oil, no ery since the 1970s. fornia now is on the same side as longer having refineries on the coast I am reminded today of what Presi- ExxonMobil, which opposes this bill be- where they are subject to damage and dent Reagan said in 1981, ‘‘Government cause they claim there is no need for destruction through hurricanes, diver- is not the solution. Government is the new refinery capacity, and I would only sified fuel refineries across this coun- problem.’’ We need to streamline gov- point out that he makes a great argu- try. That is in this bill. ernment regulation and start expand- ment for the passage of the bill, be- So for all my friends who want to ing our oil refinery capacity. cause what this bill does is take the ar- beat up on Big Oil, this is your oppor- Families and businesses throughout gument that government red tape and tunity to do this. To incentivize renew- this country have to meet deadlines. bureaucracy is holding up the process able fuels, to incentivize coal to liquid, The government should have to as well. completely off the table. And if that this is your opportunity. We will get a I urge my colleagues to support this doesn’t lead to more production, more chance to count the votes later on. legislation. construction after passage of this bill, I thank Mr. BASS for yielding me the Mr. BOUCHER. Mr. Speaker, I yield 2 I will be the first one to step forward time. minutes to the distinguished gen- and blast the industry for not creating Mr. BOUCHER. Mr. Speaker, I yield tleman from California (Mr. WAXMAN). more capacity. myself 15 seconds.

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.042 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2005 Mr. Speaker, I applaud the senti- sense, effective energy legislation set- ence on fossil fuel. On one side of our ments of my friend from Illinois with ting America on a more stable future. mouth, we are saying we are addicted whom I have partnered on many coal- But this Republican Congress has to oil. On the other side of our mouth, related issues over the years, and I cer- failed to do that. This failure has re- we are saying let us build more refin- tainly agree with him that we need to sulted in this bill. We should vote this eries, make it easier for more refin- start rebuilding refineries that will harmful legislation down. eries to be built so that we can produce turn coal into a liquid fuel. But, Mr. Mr. BASS. Mr. Speaker, I yield 1 gasoline. Speaker, we do not need this bill to do minute to the gentleman from Illinois You want to streamline the permit- it. (Mr. KIRK). ting because you want to produce more Mr. Speaker, I yield 2 minutes to the Mr. KIRK. Mr. Speaker, I rise in sup- gasoline from fossil fuel. I must remind gentlewoman from California (Mrs. port of this bill because it addresses you that in a report presented by the CAPPS). one key problem, that the United Rocky Mountain Institute in 2004, it Mrs. CAPPS. Mr. Speaker, I thank States has not built a new refinery in was very specific: America’s energy fu- my colleague for yielding to me. America since the 1976 bicentennial, 30 ture is a choice, not our fate. Oil de- I rise in strong opposition to this ill- years ago. Over 50 million Americans pendence is a problem we need not conceived legislation, nothing more have moved to our country since then have, and it is cheaper not to. than a shameless attempt to blame but no new refineries. We can expand When the United States last paid at- public health and environmental pro- gas supplies and lower prices at the tention to the oil efficiency problem tections for the shortage of refinery ca- pump while strengthening our environ- was between 1977 and 1985. Oil use fell pacity and high gas prices. mental law through this legislation, 17 percent; gross product went up 27 First of all, public health and envi- and who doubts that we cannot make percent. During those 8 years, oil im- ronmental laws are not impeding con- new refineries be cleaner than old re- ports fell 50 percent and imports from struction or expansion of refineries. My fineries? the Persian Gulf fell by 87 percent. colleague, Mr. BOUCHER, already quoted This bill stands for the principle that That exercise of market muscle broke the CEO for Shell saying on record that we should simply coordinate our laws, OPEC’s pricing power for a decade. he is ‘‘not aware of any environmental written in different decades by dif- Look, the other side, in all due re- regulations preventing us from expand- ferent Congresses, to yield environ- spect, you have made your bed. You ing refinery capacity or siting a new mental protection and more gasoline at have got to lie in it now. And you are refinery.’’ the pumps. trying to get out of it, but you are Also, this bill will do nothing to The population of the United States doing it in the wrong way. This bill lower gas prices in the short term or is expanding. So should our ability to does nothing to increase refinery ca- the long term. What it will do, how- provide gasoline to Americans. We pacity in the first place, and it cer- ever, is lead to increased pollution at should do so, though, not at the ex- tainly does not help in lowering gas the expense of public health; and that pense of the environment; and this bill prices. is why both State and local officials, does not modify those statutes. It sim- We have done a disservice to the air pollution control officials, oppose ply says the various Federal bureauc- American people, and we only confuse this bill. racies should all be coordinated in one the issue. We are either addicted to oil I have here the letter, which I know place. It makes common sense and or we are not. And if we are, let us go is being submitted to the RECORD. helps us reduce pressure at the pump. in a different direction. Please join us. State and Territorial Air Pollution Mr. BOUCHER. Mr. Speaker, I am Call it what you will: price-gouging, profit- Program administrators and the Asso- pleased to yield 3 minutes to the gen- eering, or simple old fashioned greed. Oil companies have the greatest corporate ciation of Local Air Pollution Control tleman from New Jersey (Mr. profits in history, yet they were able to stiff officials sent this letter in strong oppo- PASCRELL). taxpayers over $7 billion in royalties that they sition to this bill. Specifically, they Mr. PASCRELL. Mr. Speaker, a re- owe us for drilling on public lands. But the jig say the bill’s new Federal coordinator cent General Accounting Office inves- tigation in 2004, which I am holding in is finally up. position is certain to lead to more, not Whether you are a Democrat or a Repub- my hand, concluded that gasoline re- less, delay in permitting. lican, whether you believe collusion is the Mr. Speaker, the problem of high gas fineries have intentionally limited cause of the high gas prices or not. prices is serious. It affects businesses their capacity to keep gasoline prices No matter how you define it, what we have and families on a daily basis. I know high and their profits up. witnessed in the past several months is the You did not write this. I did not write that well. looting of the American public. Mr. BASS. Mr. Speaker, will the gen- this. This is the General Accounting And don’t take my word for it—a recent re- tlewoman yield? Office. For the consumers, these higher port by the Foundation for Taxpayer and Con- Mrs. CAPPS. I yield to the gen- energy costs are a disaster for their sumer Rights found that corporate markups tleman from New Hampshire. pocketbooks and further stagnates our are primarily responsible for price spikes, not Mr. BASS. The date of the letter? economy. crude oil costs or the national switchover to Mrs. CAPPS. The date of the letter, Now there is a difference here be- ethanol, as the industry has claimed. May 3, 2006. tween what your side approaching the In this crisis, we hear echoes of Enron—hot- Mr. BASS. Thank you. problem will do and what our side will shot oilmen departing their companies with Mrs. CAPPS. Mr. Speaker, I know do. Question, who is going in the right golden parachutes, while average Americans that because gas prices in my district direction? We have heard that a lot live on the edge, some so desperate they are are usually among the highest in the lately. intentionally breaking down on highways to re- Nation; and right now they are way Former Energy Secretary Bill Rich- ceive a free tank of gas. over $3 a gallon. But this bill does not ardson said that we are a 21st-century President Bush and the leadership in Con- do anything about that. It is, in fact, superpower with a third-world trans- gress don’t have dismal approval ratings trying to distract the American people mission grid. Remember that debate a merely because they don’t have skilled public from a failed Republican energy strat- few years ago on utilities and elec- relations flaks. egy, a strategy that says if laws that tricity and who got blamed for it? And They have dismal approval ratings because protect public health or environment then we finally discovered that the in- the vast majority of Americans recognize that get in the way, then we should just dustry itself was fooling the market something has gone very wrong in this coun- waive them. This is a strategy that and manipulating the market, and try. dooms America to never-ending energy those characters are on trial right now. Despite the recent political posturing, the crises that consistently enrich energy A 21st-century superpower with a Administration has dedicated its time in office companies at the expense of hard- third-world refinery infrastructure, to protecting the oil industry from any restric- working American families and busi- and that is what we have come to. tions or oversight at all—and that is what has nesses and their health. This refinery legislation, which I will led us to where we are today. Over the past several years, we have vote against, which is before us right We need to get serious about this issue. We had repeated chances to craft common- now is an effort to solidify our depend- cannot just clamor for change when gas prices

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.044 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2006 CONGRESSIONAL RECORD — HOUSE May 3, 2006 are high, and return to a passive stupor if Mr. Speaker, I urge my colleagues to just ensure that permits do not sit on any fed- prices settle down again. support the passage of this bill. eral bureaucrat’s desk for too long. Remember, this is not only about our pock- I will match my environmental That is a worthy goal, and I believe that if etbooks. record in this Congress with anybody Chairman BARTON could do this bill his pre- Americans have come to believe that we else’s and certainly my record in sup- ferred way, then he would have brought this have fought one war too many in the Persian porting the development of alternative legislation to the Committee for a hearing. But Gulf—at least partially to ensure a continuous energy resources. And, quite frankly, the American people are very angry with en- supply of foreign oil. this bill does just that because the ex- ergy prices right now, and during these politi- Now is the time for leadership to get us pedited permitting process, which does cally-charged times the House often operates started down the path of real energy inde- not in any way change the require- differently than it should. pendence. ments for the process at all but simply Many Americans and Members of the Let us live up to our responsibility today— makes it more organized and more House are upset that we have not built a new let’s reign in the bloated oil companies and manageable, also applies to coal to liq- refinery in this country in 25 years. That is true protect the public from economic catastrophe. uid and biorefineries. And this is crit- but that is also irrelevant, because it is much Let us invest in far-sighted renewable en- ical for my part of the country. We cheaper and more efficient to expand existing ergy and conservation programs, so that we cannot afford to wait 5, 6, 7, 8, 9, 10 refineries than to build brand new refineries. will never again sacrifice our precious blood years to increase our supplies not only Since 1994, U.S. refiners added 2.1 million and treasure to slake this terrible thirst for of traditional motor fuels but also barrels of capacity, which is the equivalent of Middle Eastern oil. these alternatives. We need to remove adding a larger than average refinery each Mr. BASS. Mr. Speaker, I yield my- the uncertainty that a successive per- year. self 30 seconds. mitting process creates and the Over the next several years, capacity will in- This is a very odd debate. One of the chilling effect that has on the ability crease another 1.2 million barrels per day. For previous speakers said that this bill of investors where large amounts of example, here are some refinery expansions would do nothing to lower gasoline money are involved to stick with the that have already been announced: prices. If you increase refinery produc- process year after year after year. Chevron—80,000 barrels per day at its tion, you are going to have more sup- There is nothing in this bill that will Pascagoula, MS, refinery. ply, and obviously more supply is going reduce in any fashion the ability of the CITGO in Lake Charles, LA—105,000 bar- to lead to lower prices. Environmental Protection Agency, the rels per day. Coffeyville Resources in Kansas—15,000 Another speaker said that this bill States, or any other entity to go barrels per day. would somehow create more environ- through the appropriate process in Flint Hills Resources in Minnesota—50,000 mental pollution. It does absolutely order to permit a new refinery. But nothing to change any existing envi- barrels per day. what it does do is for the first time in Holly Corp. in Artesia, NM—10,000 barrels ronmental rule or regulation. It just 30 years is make it incrementally more increases the time. So if you want less per day. possible that we will get more capac- Marathon Petroleum—180,000 barrels per supply, higher prices and the only rea- ity. day in Garyville, LA, and 26,000 barrels per son you are against that is because you So when your constituents call you day in Detroit, MI. think that an additional refinery would and say that they are unhappy with the ConocoPhillips will spend $3 billion over create more pollution, then you should high cost of fuel, remember that part four years on refinery expansion, which means vote ‘‘no’’ on the bill. of that high cost is associated with the tens of thousands of extra barrels per day. Mr. Speaker, I have no further re- fact that we have a very, very tight in- Motiva Enterprises is considering doubling quests for time, and I reserve the bal- ventory of fuel in this country. As the the capacity of its large refinery in Port Arthur, ance of my time. chairman of the committee said a few TX. Mr. BOUCHER. Mr. Speaker, I yield minutes ago, we are consuming consid- Sunoco recently announced plans to commit myself the balance of my time. erably more gasoline in this country $1.8 billion over the next 3 years, leading to Mr. Speaker, this bill is not an effec- than we are producing domestically, so thousands more barrels per day. tive way to address the gasoline refin- some of it is imported. Our refineries Tesoro Petroleum Company will devote ery shortage. It tramples on State en- are clustered in one region of the coun- $670 million in the next year alone to refining vironmental laws without solving the try. facility expansions. fundamental problem. If you want to answer your constitu- And the Nation’s largest refiner, Valero The CEOs of the refining companies ents by saying that you voted against a plans to spend $5 billion to add over 400,000 have testified to the Congress that the bill that would not have any environ- barrels per day of new capacity nationwide. permitting process is not burdensome. mental impact but would simply make So the debate about a lack of new refineries It has not prevented the construction it possible for us to address this issue is a red herring. We should really focus on ex- of needed new refineries, and yet this in a more timely, quicker fashion, that pansion projects, since that is where the ac- bill addresses the permitting process. is your choice. tion is. For our part, Democrats are more If this legislation fails to gain the required 2⁄3 than willing to work with our Repub- b 1245 support by the full House, I hope we could re- lican colleagues and to do so on a bi- But we are doing what we can quick- visit this legislation in Committee. partisan basis, to write a law that will ly and expeditiously and incrementally Mr. BARTON of Texas. Mr. Speaker, I ask make a difference, a law that will get to address the issue of refinery capac- that this exchange of letters be included in the the needed new refineries built. We ity in this country. I hope the House RECORD during today’s debate on H.R. 5254. could produce and bring to the floor a will adopt this bill, and I urge its pas- MAY 3, 2006. bipartisan bill within a matter of days sage. Hon. F. JAMES SENSENBRENNER, Jr., or, at most, within a matter of weeks. Mr. GENE GREEN of Texas. Mr. Speaker, Chairman, Committee on the Judiciary, So what I would say to the Members the Refinery Permit Process Schedule Act House of Representatives, Washington, DC. of the House is reject this measure and sends the right message—more refinery ca- DEAR CHAIRMAN SENSENBRENNER: Thank you for your letter concerning H.R. 5254, a then, beginning this afternoon, let us pacity in this country is a good thing. bill to set schedules for the consideration of sit down in a bipartisan exercise to Unfortunately this legislation did not follow permits for refineries. draft a bill that addresses the funda- the Committee process, since the House lead- I appreciate your willingness not to seek a mental need for new refineries. We ership is struggling to appear like they are referral on H.R. 5254. I agree that your deci- pledge to you our best efforts to doing something about gas prices, which they sion to forgo action on the bill will not prej- achieve that goal, and we hope that know are beyond their control. udice the Committee on the Judiciary with you will accept this offer. As a result, this legislation probably could respect to its jurisdictional prerogatives on this or future legislation. Further, I recog- I urge a ‘‘no’’ vote on the measure. be improved with hearings, amendment, and nize your right to request conferees on those Mr. Speaker, I yield back the balance more careful consideration. provisions within the Committee on the Ju- of my time. However, I will support the legislation be- diciary’s jurisdiction should they be the sub- Mr. BASS. Mr. Speaker, I yield my- cause it does not alter or repeal any environ- ject of a House-Senate conference on this or self the balance of my time. mental rule, regulation, or law. The bill would similar legislation.

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.012 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2007 I will include our exchange of letters in the another giveaway to the energy industry we stated that environmental standards are not Congressional Record during consideration need to implement a strategy of energy inde- stopping them from building new refineries. In of the bill on the House floor. pendence. fact, the truth is that oil companies simply do Sincerely, We need to make immediate investments to not want to build more refineries. The solution JOE BARTON, Chairman. expand energy efficiency and the use of re- that H.R. 5254 prescribes does not match the newable fuels, and we need to adopt a foreign problem that our nation faces with energy. In- MAY 3, 2006. policy that does not hold our constituents hos- stead of investing our efforts in sustainable Hon. JOE BARTON, tage to the latest political crisis in the Middle energy sources to meet our growing energy Chairman, Committee on Energy and Commerce, East. needs, we remain stuck in our old ways. House of Representatives, Washington, DC. I urge my colleagues to oppose this wrong- I would like to take the opportunity to dis- DEAR CHAIRMAN BARTON: In recognition of headed bill. cuss one point of this bill that I find particularly the desire to expedite consideration of H.R. Mr. UDALL of Colorado. Mr. Speaker, we all disturbing. Section 5 directs the President to 5254, a bill to set schedules for the consider- know why this bill was rushed to the floor designate three closed military bases for new ation of permits for refineries, the Com- oil refining facilities. This section will ultimately mittee on the Judiciary hereby waives con- today, and why it is being considered under a sideration of the bill. There are a number of shortcut process that limits debate and pre- force communities that have already suffered provisions contained in H.R. 5254 that impli- vents any consideration of even a single from the closure of a military base to welcome cate the rule X jurisdiction of the Com- amendment. unwillingly an oil refinery in their backyards if mittee on the Judiciary. Specifically, sec- It’s because the Republican leadership the President and the Secretary of the Army tion four of the bill contains a provision that thinks they need to make a show of doing deem it worthy of a refinery. implicates the Committee on the Judiciary’s something about the price of gasoline. I recently joined with New Jersey Governor jurisdiction under rule X(1)(l)(1) (‘‘the judici- But just because they are feeling some po- Jon S. Corzine, Representative FRANK ary and judicial proceedings, civil and crimi- litical heat does not mean that we should pass PALLONE and other New Jersey state legisla- nal). tors for the signing of the Fort Monmouth Eco- The Committee takes this action with the this bill, which I think does not deserve to be understanding that by forgoing consider- approved. nomic Revitalization Act, which creates a ten- ation of H.R. 5254, the Committee on the Ju- The bill would require State and local gov- member authority charged with overseeing the diciary does not waive any jurisdiction over ernments to comply with a new Federal transition and revitalization of Fort Monmouth subject matter contained in this or similar schedule for approving permits to site, con- once it closes in or before 2011. Creating legislation. The Committee also reserves the struct, or expand a refinery. To do that, it such an authority is an important step for com- right to seek appointment to any House-Sen- would repeal part of the brand-new Energy munities to protect their interests as commu- ate conference on this legislation and re- nities are revitalized following a base closure. quests your support if such a request is Policy Act of 2005 that gave the States the ability to request authority to trigger a process What frightens me even more about this provi- made. Finally, I would appreciate your in- sion is that the Secretary of Defense can over- cluding this letter in the Congressional that would coordinate Federal and State ac- Record during consideration of H.R. 5254 on tions on a refinery. ride any decision made by a local authority. the House floor. Thank you for your atten- In other words, it is a new Federal man- The federal government can supersede a local tion to these matters. date—and it probably would not do anything to decision. This is not just about Fort Monmouth Sincerely, speed up construction of any refineries, for in my district in Central New Jersey. This is F. JAMES SENSENBRENNER, Jr., several reasons. about communities who are already dealing Chairman. First, more Federal bureaucracy and red with the closure of a military base. This is Ms. LEE. Mr. Speaker, I rise in strong oppo- tape means more delays, because heavy- about allowing the federal government to over- sition to H.R. 5254. handed Federal requirements—including judi- rule what state and local authorities believe is This bill is a complete sham, and will do ab- cially-enforceable deadlines—will bring exactly best for their communities. solutely nothing to mitigate the high gas prices the resistance and litigation that the provisions We owe it to our constituents to debate that our constituents are being forced to pay in the Energy Policy Act were intended to fore- meaningful energy legislation that reaches the at the pump. stall. root of our growing energy problems, not The fact is we did not get to $3 a gallon for And, second, it’s economics that controls something that tries to fix a problem that does gas because of our environmental and public decisions about refinery capacity. not exist. health laws, and we shouldn’t be gutting them That’s why, as the Wall Street Journal re- I urge my colleagues to vote no on this leg- In response. cently reported, Exxon thinks building a new islation because it does not address our grow- The bottom line is that energy companies refinery would be bad for its long-term busi- ing energy needs and is unfair to local com- are not interested in expanding their refinery ness even as it expands the capacity of is ex- munities. The SPEAKER pro tempore (Mr. capacity because they want gas supply to re- isting refineries. BOOZMAN). The question is on the mo- main tight so they can keep making record Just last November, in fact, Shell’s CEO tion offered by the gentleman from profits. testified in a Senate hearing that ‘‘[w]e are not Texas (Mr. BARTON) that the House sus- In a hearing last November in the other aware of any environmental regulations that pend the rules and pass the bill, H.R. body, both the CEO’s for Shell and have prevented us from expanding refinery ca- ConocoPhillips indicated that they were not 5254. pacity or siting a new refinery’’ and Conoco’ s The question was taken. aware of any environmental regulation that CEO echoed that, saying ‘‘we are not aware The SPEAKER pro tempore. In the was preventing them from building new refin- of any projects that have been directly pre- opinion of the Chair, two-thirds of eries. vented as a result of any specific Federal or those present have voted in the affirm- While in January representatives from State regulation.’’ ative. Exxon indicated that they had no plans to But, when the Republican leadership gets Mr. BOUCHER. Mr. Speaker, on that build new refineries. scared, who cares about the facts or wants to I demand the yeas and nays. So what is the point of this bill if nobody bother with thinking things through? The yeas and nays were ordered. wants it or needs it? So here we are, rushing to take up a bill The SPEAKER pro tempore. Pursu- The real problem with high gas prices today that was just introduced, on which there have ant to clause 8 of rule XX and the boils down to two things: been no hearings and no opportunity for any- Chair’s prior announcement, further 1. The administration’s deliberate decision one who will be affected—including the State proceedings on this question will be to promote an energy policy developed by and and local governments—to have a chance to postponed. for their cronies in the oil and gas industry at comment. f the expense of the American people. That’s a bad way to do business, and this 2. The geo-political problems in the Middle is a bad bill. I cannot support it. EXPRESSING NEED FOR PUBLIC East that have been exacerbated by the ac- Mr. HOLT. Mr. Speaker, I rise today in op- AWARENESS OF TRAUMATIC tions of this administration over the last six position to the Refinery Permit Process BRAIN INJURY AND SUPPORT years. Schedule Act (H.R. 5254). This bill is based FOR DESIGNATION OF NATIONAL Those are the issues we should be dealing on a false premise—that requirements for en- BRAIN INJURY AWARENESS with today. vironmental permits are to blame for the lack MONTH Instead of gutting our Nation’s environ- of refinery capacity. As many of my colleagues Mr. DEAL of Georgia. Mr. Speaker, I mental and public health laws and providing have expressed, oil companies have openly move to suspend the rules and agree to

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.022 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2008 CONGRESSIONAL RECORD — HOUSE May 3, 2006 the concurrent resolution (H. Con. Res. BILL PASCRELL from New Jersey and damage. Just because it only feels like 99) expressing the need for enhanced Congressman TODD PLATTS from Penn- a bump in the head, you have to be public awareness of traumatic brain sylvania, who are the cochairs of the aware of how you are feeling and how jury and support for the designation of Congressional Brain Injury Task Force. you are acting. Your family and friends a National Brain Injury Awareness I commend them for their leadership need to be able to recognize the signals Month. and hard work to increase the level of that something is wrong. This is par- The Clerk read as follows: public awareness of this silent epi- ticularly important for children, who H. CON. RES. 99 demic of traumatic brain injury. are less likely to recognize when they Whereas traumatic brain injury is a lead- Despite the fact that each year an es- need to see a doctor. ing cause of death and disability among chil- timated 1.4 million Americans sustain H. Con. Res. 99, offered by my friend dren and young adults in the United States; a traumatic brain injury, costing our Mr. PASCRELL and others, will help in- Whereas at least 1.4 million Americans sus- society tens of billions of dollars and crease America’s awareness about the tain a traumatic brain injury each year; permanently altering the lives of seriousness of traumatic brain injury Whereas, each year, more than 80,000 of countless people, too few people are and the importance of getting checked such Americans sustain permanent life-long aware of the dangers posed by these out by a health care professional after disabilities from a traumatic brain injury, resulting in a life-altering experience that highly preventible injuries. injury. can include the most serious physical, cog- To help address this problem, House To help meet that goal, this resolu- nitive, and emotional impairments; Concurrent Resolution 99 resolves that tion supports the creation of a Na- Whereas every 21 seconds, one person in Congress, one, recognizes the life-alter- tional Brain Injury Awareness Month, the United States sustains a traumatic brain ing impact traumatic brain injury may an event around which patients and ad- injury; have both on Americans living with the vocates and providers can organize to Whereas at least 5.3 million Americans resultant disabilities and on their fam- educate the public and bring needed at- currently live with permanent disabilities ilies; two, recognizes the need for en- tention to this issue. I am pleased to resulting from a traumatic brain injury; Whereas most cases of traumatic brain in- hanced public awareness of traumatic support the resolution. jury are preventable; brain injury; three, supports the des- Mr. DEAL of Georgia. Mr. Speaker, I Whereas traumatic brain injuries cost the ignation of an appropriate month as have no further requests for time and nation $56.3 billion annually; National Brain Injury Awareness reserve the balance of my time. Whereas the lack of public awareness is so Month; and, four, encourages the Presi- Mr. BROWN of Ohio. Mr. Speaker, I vast that traumatic brain injury is known in dent to issue a proclamation desig- yield 7 minutes to the gentleman from the disability community as the Nation’s nating such a month. New Jersey (Mr. PASCRELL), the spon- ‘‘silent epidemic’’; Again, I commend Mr. PASCRELL and sor of this resolution. Whereas the designation of a National Mr. PLATTS for their leadership on this Mr. PASCRELL. Mr. Speaker, to the Brain Injury Awareness Month will work to- ward enhancing public awareness of trau- issue. I encourage my colleagues to chairman, my good friend from Geor- matic brain injury; and adopt the resolution. gia, I thank you for bringing this to Whereas the Brain Injury Association of Mr. Speaker, I reserve the balance of the floor, and the ranking member. America has recognized March as Brain In- my time. I rise today, Mr. Speaker, in support jury Awareness Month: Now, therefore, be it Mr. BROWN of Ohio. Mr. Speaker, I of House Concurrent Resolution 99, leg- Resolved by the House of Representatives (the yield myself such time as I may con- islation designed to bring attention to Senate concurring), That Congress— sume. what I would call an American tragedy, (1) recognizes the life-altering impact trau- Mr. Speaker, the Centers for Disease a stealthy thief who can strike anyone matic brain injury may have both on Ameri- Control and Prevention estimate that at any time without warning and often cans living with the resultant disabilities and on their families; there are over 5 million Americans liv- with devastating consequences. (2) recognizes the need for enhanced public ing with disabilities resulting from Traumatic brain injury, TBI, is a awareness of traumatic brain injury; traumatic brain injury. Another 1.4 leading cause of death and disability (3) supports the designation of an appro- million of our fellow citizens sustain a among young Americans in the United priate month as National Brain Injury traumatic brain injury every year. States. As you have just heard, some- Awareness Month; and In 1996, Congress recognized the se- one will sustain a traumatic brain in- (4) encourages the President to issue a verity of traumatic brain injury by jury every 21 seconds. We are talking proclamation designating such a month. passing the Traumatic Brain Injury about 1.5 million Americans every The SPEAKER pro tempore. Pursu- Act, legislation that advances preven- year. More than 1.4 million sustain ant to the rule, the gentleman from tion and education and research and brain injuries, more than the incidence Georgia (Mr. DEAL) and the gentleman community living for people living of HIV/AIDS, spinal cord injury, even from Ohio (Mr. BROWN) each will con- with these injuries and for their fami- multiple sclerosis. Fifty thousand of trol 20 minutes. lies. But there is more to be done. those injured will die; 55 million Amer- The Chair recognizes the gentleman Every 21 seconds, someone in our icans are living with TBI right now. from Georgia. country sustains a traumatic brain in- Think about that, Mr. Speaker. GENERAL LEAVE jury. While half of these injuries result These injuries manifest themselves Mr. DEAL of Georgia. Mr. Speaker, I in only short-term disabilities, for oth- in a myriad of ways, from a small be- ask unanimous consent that all Mem- ers, they are obviously far more seri- havioral change to complete physical bers may have 5 legislative days within ous. disability and even death. Traumatic which to revise and extend their re- Half a million of these Americans brain injury costs the country an esti- marks on this legislation and to insert die, including 2,800 children less than 14 mated societal cost of $60 billion every extraneous material on the bill. years of age. Another 80,000 Americans year and, currently, there is no cure. The SPEAKER pro tempore. Is there sustain severe long-term disabilities, Most of these injuries are due to falls, objection to the request of the gen- costing our health care system some- motor vehicle traffic crashes or vio- tleman from Georgia? thing in the vicinity of $56 billion a lence. Additionally, due to the chang- There was no objection. year. ing nature of warfare, American troops Mr. DEAL of Georgia. Mr. Speaker, I But many of those disabilities are are suffering TBI at an alarming rate. yield myself such time as I may con- preventible. The problem is that most Individuals with TBI account for 2 sume. Americans don’t know when to classify percent of the total United States pop- Mr. Speaker, I rise today in support an injury as a traumatic injury. It ulation and represent nearly 10 percent of H. Con. Res. 99, a resolution express- means they may not know to recognize of our Nation’s disability population, ing the need for enhanced public aware- the signs of a serious injury, which can 10 percent. Yet despite these staggering ness of traumatic brain injury and in be as simple as recurring headaches or statistics, lack of public awareness is support for designation of a National feeling tired or having difficulty con- so vast that TBI remains a silent epi- Brain Injury Awareness Month. centrating. They don’t know to get demic plaguing our Nation. I want to thank the principal spon- themselves to a medical professional The good news is that traumatic sors of this legislation, Congressman before there is actually permanent brain injury is often preventable. That

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.048 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2009 is why awareness and education are im- National Brain Injury Awareness the resolution (H. Res. 245) supporting perative. Month in support of our common goal, the goals and ideals of National Nurses The resolution before the House the eradication of traumatic brain in- Week, as amended. today, Mr. Speaker, to designate a Na- jury as a debilitating, costly and dead- The Clerk read as follows: tional Brain Injury Awareness Month, ly plague on humankind. H. RES. 245 will work toward enhancing public I must say in conclusion, Mr. Speak- Whereas since 2003, National Nurses Week awareness and give this epidemic and er, that what has happened over the is celebrated annually from May 6, also its victims a voice. past 5 or 6 years gives us a tremendous known as National Nurses Day, through May Former Congressman Jim Greenwood amount of hope in developing that part 12, the birthday of Florence Nightingale, the from Pennsylvania and I formed the of the brain which has not been injured founder of modern nursing; Congressional Brain Injury Task Force to compensate for that part which has Whereas National Nurses Week is the time been injured. We are truly living in each year when the importance of nursing in in 2001. Today, that task force, which I health care can be demonstrated; chair with my good friend Congress- great times. Whereas well-trained health professionals man PLATTS from Pennsylvania, works Mr. PLATTS. Mr. Speaker, as a Co-Chair of are the cornerstone of the Nation’s complex to further education and awareness of the Congressional Traumatic Brain Injury health system; brain injury, its incidence, its preva- Taskforce, I rise in strong support of House Whereas registered nurses (‘‘RNs’’) rep- lence, its prevention and treatment. Concurrent Resolution 99. This resolution will resent the largest single component of the The task force also supports funding help increase awareness for traumatic brain health care profession, with an estimated 2.7 for basic and applied research on brain injury (TBI), the leading cause of death and million RNs in the United States; disability among children and young adults in Whereas nurses historically have provided injury rehab and the development of a hands-on patient care at the bedside, and cure. the United States. Mr. Speaker, few Americans may under- will continue to do so; It is my hope that this resolution Whereas nurses have a mandate to serve will encourage Americans to learn stand the amount of devastation caused by those in need, and to try to ease the suf- more about the long-lasting effects of TBIs every year. This year alone, over 1.4 mil- fering of those in pain; brain injury and its impact on both the lion people will sustain a traumatic brain injury. Whereas nurses also are deeply involved in civilian and military communities. Sadly, at least 80,000 of those individuals will health education, research, business, and The Traumatic Brain Injury Act is remain permanently disabled from the trauma. public policy; the only legislation that specifically Falls, motor vehicle crashes, sports injuries, Whereas nurses bear the primary responsi- bility for the care and well-being of hospital addresses issues faced by people who and violence are among the major causes of TBI, leaving every individual susceptible. Addi- patients; live with long-term disability as a re- Whereas unfortunately, too few nurses are sult of traumatic brain injury. It has tionally, TBls can manifest themselves in var- ious ways, from a small behavioral change to caring for too many patients in our Nation’s successfully provided a foundation for hospitals; coordinated and balanced public policy complete physical disability, and even death. Whereas according to a report from the De- Brain injuries affect the whole family emotion- for people living with TBI and their partment of Health and Human Services, the ally and financially, often resulting in huge circles of support. This law is due to be United States currently has a nurse shortage medical and rehabilitation expenses. of nearly 150,000 RNs and will have a short- reauthorized. I look forward to contin- It is now especially important that we pro- age of more than 800,000 RNs by the year ued congressional support to make it mote awareness for TBI because military doc- 2020; happen. tors are naming it the signature wound of the Whereas cutting-edge technologies are use- Another important Federal program, war in Iraq. Thanks to the state-of-the-art body less without a staff of trained professionals Mr. Speaker, focused on TBI, trau- armor with which our men and women over- to implement them; and matic brain injury, is the Defense and Whereas nurses are the unsung heroines seas are equipped, they are able to survive and heroes of the medical profession: Now, Veterans Brain Injury Center. For our violent attacks, while still receiving a blunt Armed Forces, TBI is an important therefore, be it force to the head. Walter Reed Memorial Hos- Resolved, That the House of Representa- clinical problem in peace and war, and pital found that over 60% of all soldiers tives— its consequences may extend for many wounded in an explosion, vehicle accident, or (1) recognizes the important contributions years. gunshot to the head or neck, sustained a of nurses to the health care system of the The Defense and Veterans Brain In- Traumatic Brain Injury. United States; jury Center was established in 1992 Mr. Speaker, because all of our fellow citi- (2) supports the goals and ideals of Na- after Operation Desert Storm. Military zens have family, friends and neighbors who tional Nurses Week, as founded by the Amer- doctors are naming traumatic brain in- ican Nurses Association; and could fall victim to TBI at any time, I urge sup- (3) encourages the people of the United jury as the result of a blast the signa- port from my distinguished colleagues for this ture wound of the war in Iraq. States to observe National Nurses Week with resolution here today. appropriate recognition, ceremonies, activi- Because soldiers are now equipped Mr. BROWN of Ohio. Mr. Speaker, I ties, and programs to demonstrate the im- with state-of-the-art body armor, they have no further speakers, and I yield portance of nurses to the everyday lives of are living through attacks that troops back the balance of my time. patients. in past wars were unable to survive. Mr. DEAL of Georgia. Mr. Speaker, I The SPEAKER pro tempore. Pursu- Systemwide, the DVBIC has evaluated yield back the balance of my time and ant to the rule, the gentleman from over 1,400 military personnel with TBI. urge the adoption of the resolution. Georgia (Mr. DEAL) and the gentleman Of those troops evacuated to Walter The SPEAKER pro tempore. The from Ohio (Mr. BROWN) each will con- Reed Medical Center, 28 percent had question is on the motion offered by trol 20 minutes. traumatic brain injury. the gentleman from Georgia (Mr. The Chair recognizes the gentleman The DVBIC trains combat medics, DEAL) that the House suspend the rules from Georgia. surgeons, general medical officers and and agree to the concurrent resolution, GENERAL LEAVE Reservists in the recognition and best H. Con. Res. 99. Mr. DEAL of Georgia. Mr. Speaker, I practices of TBI care and provides con- The question was taken; and (two- ask unanimous consent that all Mem- tinuity of care from the battlefield to thirds having voted in favor thereof) bers may have 5 legislative days within rehab and back to active duty or civil- the rules were suspended and the con- which to revise and extend their re- ian life. current resolution was agreed to. marks on this legislation, and to insert A motion to reconsider was laid on Continued congressional support is extraneous material on the bill. vital. Traumatic brain injury is a the table. The SPEAKER pro tempore. Is there unique issue, an epidemic so vast it is f objection to the request of the gen- almost overwhelming and so personal b 1300 tleman from Georgia? its effects defy definition. Passage of There was no objection. this resolution will confirm our com- SUPPORTING THE GOALS AND Mr. DEAL of Georgia. Mr. Speaker, I mitment to awareness and education IDEALS OF NATIONAL NURSES yield myself such time as I may con- and prevention and research. WEEK sume. I encourage my colleagues to vote in Mr. DEAL of Georgia. Mr. Speaker, I Mr. Speaker, I rise today in support favor of H. Con. Res. 99, to designate a move to suspend the rules and agree to of House Resolution 245, a resolution

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.050 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2010 CONGRESSIONAL RECORD — HOUSE May 3, 2006 supporting the goals and ideals of Na- try; and that number is surely going to Nurses are usually very, very dedi- tional Nurses Week. grow unless we make some serious in- cated individuals. In my personal expe- Nurses are an integral component of vestments now. rience, nurses tend to be intelligent, the health care system, and it is impor- For several years in a row, this ad- detail oriented. They tend to be ready tant that we recognize the over 2.7 mil- ministration has proposed flat funding to act at the spur of the moment, and lion registered nurses for the signifi- of nurse education programs. Without with knowledge. cant work that they do. For the last 3 enough nursing educators, those to Their work touches all aspects of pa- years, we have celebrated National train the next generation of nurses, we tient care, whether it is in the emer- Nurses Week. Beginning on May 6, we cannot deal with the shortage. At the gency room, in the operating room, in will once again have the opportunity to same time, we are all aware of our the doctor’s office, at the neighborhood truly commend the nursing community budget deficit, which is the reason clinic, in the schools, and battlefields. for their contributions to our national given for not funding nurse educator Nurses stand at the forefront of many health delivery system. programs. lines of our health care system, and I thank Representative EDDIE BER- I come back to the fact, educating they must make life and death deci- NICE JOHNSON for introducing this reso- the next generation of nurses and nurse sions, often with little advance notice, lution, and I encourage my colleagues educators is something that cannot be and they have frequent hands-on con- to support it. compromised. I know, Mr. Speaker, tact with the patient. Mr. Speaker, I reserve the balance of that this message is getting through to For these reasons, a caring attitude my time. my colleagues. This year, over 150 and compassionate heart are required Mr. BROWN of Ohio. Mr. Speaker, I Members of Congress in a bipartisan for the hard work nurses do. In my yield 5 minutes to the gentlewoman way supported an appropriations re- years as a nurse, I have seen miracles and I have seen tragedies. At the VA, I from California (Mrs. CAPPS), who is a quest to increase nurse education fund- nurse and also is one of the most out- ing. worked with soldiers fresh from battle, as well as men and women who fought standing members of the Commerce To repeat, 150 Members of Congress bravely years before. It was an honor Committee specializing in the incred- supported an appropriations request to to serve America’s veterans, each one ibly good work on public health. increase nurse education funding. on his or her individual path to recov- Mrs. CAPPS. Mr. Speaker, I thank But we must build on this momen- ery of good health. my colleague for yielding me time. tum now and ensure that funding is in- creased this year and next year. Invest- Nurses Week is really appropriate, Mr. Speaker, I want to commend the because there hardly is anyone alive chairman of the Health Subcommittee ments in nurse education now will mean a greater ability to provide qual- who will be born and finish life without and Energy and Commerce, Mr. DEAL contact with a nurse. from Georgia, and also the ranking ity health care to Americans in years to come. We have a severe shortage right now; member, Mr. BROWN, both of you for Studies have indicated there is a and I would hope that we would be your advocacy for nurses and for strong correlation between the short- more open to attempting to get more health care in general; and I also com- ages of nurses and morbidity and mor- nurses, American-educated nurses, so mend my friend and fellow nurse, tality rates in our hospitals. Other re- that we will not lose the care that the EDDIE BERNICE JOHNSON from Texas, for search studies today in America are re- nurses give. They work very hard for introducing this resolution. vealing that Americans on average are their patients. The American public As we observe National Nurses Week less healthy than people living in other needs to know that Congress recognizes May 6 through 12, our goal is to raise industrialized nations. Just this week, nurses for the great work they do. awareness about important issues fac- new research specifically revealed the I thank the leadership for its support ing the nursing community here in the greater incidence in which Americans of this bill. I would like to especially United States. After all, the priorities suffer from illness than their counter- thank the two other Members of Con- of this Nation’s nearly 2.9 million parts in England. gress who also are nurses for their col- nurses do reflect the priorities of ev- Now, it is not my attempt to make laboration and united stance in support eryone when it comes to health care assumptions about the reason for this. of issues important to nurses. Both of issues. But I can tell you beyond a doubt that, them have been more active since than Nurses serve their patients in the by increasing our investments in I have in nursing. But it is an old say- most important capacities. We know nurses and providing better working ing, once a nurse, always a nurse. I commend this legislation to my col- that they serve as our first lines of conditions for nurses, we can improve leagues and urge their support. communication when something goes the health of all Americans. So I urge wrong or when we are concerned about Mr. BROWN of Ohio. Mr. Speaker, I my colleagues to support this resolu- will close and yield myself such time health. They check their vital signs tion, support the goals of National and collect our patient histories. They as I may consume. Nurses Week. Mr. Speaker, I thank Ms. EDDIE BER- are critical players in the performance Mr. BROWN of Ohio. Mr. Speaker, I of life and death surgery and proce- NICE JOHNSON and Mrs. CAPPS for their yield 5 minutes to the sponsor of this commitment to public health and for dures. resolution, the gentlewoman from bringing this resolution to the floor They attentively care for the most Texas (Ms. EDDIE BERNICE JOHNSON), a today. vulnerable patients in the ICU and the nurse, also very involved in public Our health care system depends on newborn nurseries and in our senior health issues in Congress. the 2.7 million registered nurses who centers, and they serve as essential Ms. EDDIE BERNICE JOHNSON of have dedicated themselves to providing first responders in times of disaster. Texas. Mr. Speaker, I rise in support of the highest quality of care in our hos- Beyond that, it is nurses who sit pa- this resolution supporting the goals pitals, in our clinics, in our long-term tiently with their patients to educate and ideals of National Nurses Week, care facilities and our doctors’ offices. them about important preventive and and I am indebted to my colleague To recognize the dedication of these follow-through health care. They are from California for her scholarly pres- women and men, we celebrate their ac- there for patients and their families, entation. complishments during National Nurses giving them the moral support needed I started my career as a nurse and Week held every year during the week when faced with an ominous diagnosis. worked for more than 15 years as a psy- leading up to the May 12 birthday of They are the ones who advocate on be- chiatric nurse, and it helps me here. I Florence Nightingale, the founder of half of patients for quality health care. was the chief psychiatric nurse at the modern nursing. Unfortunately, today our Nation is VA Hospital, Day Treatment Center, as This year, National Nurses Week experiencing a crisis, a crisis in the well as the Day Hospital in Dallas, highlights nurses’ strength, commit- nursing shortage. Currently, it is at 6 Texas. ment and compassion. These qualities percent. That means 6 percent fewer Next week, May 6–12, is National are rare, and they help explain why our nurses today at work, in hospitals, in Nurses Week; and it is fitting for this health care system would falter with- public health, in clinics, than is needed body to honor the millions of nurses in out the contribution of registered for the health and safety of this coun- America. nurses.

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.053 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2011 Nurses are the center of our efforts There was no objection. Our aim, our goal, is a Congress that to improve the Nation’s health. They f is effective, a Congress that is ethical, are at the front lines administering and a Congress that is worthy of the care, educating the public, helping pa- LOBBYING ACCOUNTABILITY AND public trust. Now, I know that the tients and the families cope with the TRANSPARENCY ACT OF 2006 American people should understand- challenges of injury and illness. The SPEAKER pro tempore. Pursu- ably have a healthy skepticism to- Unfortunately, as we hear too often, ant to House Resolution 783 and rule wards this institution. That is what we are facing a serious shortage of XVIII, the Chair declares the House in Thomas Jefferson wanted. But, at the nurses; and that shortage is growing, the Committee of the Whole House on same time, it is very important that so much so that the Department of the State of the Union for the consider- we do what we can to enhance the level Health and Human Services recently ation of the bill, H.R. 4975. of trust that the American people have predicted a shortage of more than b 1313 in their elected representatives. 800,000 nurses, keep in mind we have 2.7 We know right after this began, at million nurses today, a shortage of IN THE COMMITTEE OF THE WHOLE the beginning of this second session of 800,000 nurses by the year 2020. Accordingly, the House resolved the 109th Congress, we stepped right up With fewer and fewer trained hands itself into the Committee of the Whole and were able to take very bold action and minds at the bedside and in the House on the State of the Union for the to bring about reform. On our very doctor’s office, leaving overworked consideration of the bill (H.R. 4975) to first day of legislative business we nurses to handle more and more pa- provide greater transparency with re- voted to level the playing field by end- tients, we can only expect the avail- spect to lobbying activities, and for ing the access to the House floor and ability of quality health care to de- other purposes, with Mr. BOOZMAN in gym by former Members of Congress cline. the chair. who are registered lobbyists. This rule We need to invest in attracting and The Clerk read the title of the bill. change was supported by 379 of our 435 training a new generation of nurses The CHAIRMAN. Pursuant to the Members. and to foster retention for those who rule, the bill is considered read the At the beginning of the last month, are already practicing. Resolution 245 first time. we took a second step in the name of honors the goals of National Nurses The gentleman from California (Mr. balance and fairness. In another bipar- Week, raises the awareness of the vital DREIER) and the gentlewoman from tisan vote, the House closed an enor- role that nurses play in our health care New York (Ms. SLAUGHTER) each will mous loophole in campaign finance system, and focuses attention on the control 30 minutes. regulations. Integrity in our elections unmet challenge that we face as the The Chair recognizes the gentleman was a key focus of our reform efforts, shortage of nurses intensifies. from California. and the 527 Reform Act makes sure Mr. Speaker, I thank the chairman Mr. DREIER. Mr. Chairman, I yield campaign finance laws apply across the and ranking member of the Energy and myself such time as I may consume. board. Commerce Committee for bringing this Mr. Chairman, I was just listening to Now we are considering the com- measure to the floor. I thank EDDIE the debate on the last bill considered prehensive reform package, H.R. 4975, BERNICE JOHNSON, and I am pleased to under suspension of the rules, and I saw the Lobbying Accountability and support it. a wonderful sense of bipartisanship as Transparency Act of 2006. Mr. Chair- Mr. Speaker, I yield back the balance we were able to pass, I suspect we may man, this legislation seeks to uphold of my time. have a vote on it, but I know it will the highest standards of integrity when Mr. DEAL of Georgia. Mr. Speaker, I pass overwhelmingly, the legislation it comes to Congress’ interaction with yield myself the balance of our time. by our good friend from Dallas, Texas, outside groups. Mr. Speaker, I, too, would repeat my Ms. EDDIE BERNICE JOHNSON. I am very proud of the process and expression of appreciation for our col- It is my hope that, as we proceed the results of this multi-month effort league, Ms. JOHNSON, for bringing this with this very important issue, that that we have seen. Anyone, anyone, resolution today and commend all of that same sense of bipartisanship can Democrat and Republican alike, out- those in our society who have chosen prevail. Because I believe that it is ab- side groups, academics, anyone who the field of nursing as their profession solutely essential to dealing with the wanted to offer any suggestion, any and encourage others to do so and fol- challenge that lies ahead. proposal at all, make any comment on low their example. any part of the legislation has had that Mr. Speaker, it is appropriate that Mr. Chairman, as you know very opportunity. This has been a very thor- we honor them by this resolution. well, recent scandals involving elected Mr. Speaker, I yield back the balance representatives from both political ough and, again, a very bipartisan of my time. parties have underscored the very ur- process. The SPEAKER pro tempore. The gent need for us to reform ethics and Mr. Chairman, we already conducted question is on the motion offered by lobbying rules. a very spirited and worthwhile debate the gentleman from Georgia (Mr. just last Thursday when we were con- b 1315 sidering the rule that allows us to con- DEAL) that the House suspend the rules The American people and Members of and agree to the resolution, H. Res. 245, sider this legislation; and, from that Congress are very correctly incensed as amended. debate, it was very clear to me that The question was taken; and (two- about this. I believe that it is abso- there is a lot of confusion over H.R. thirds having voted in favor thereof) lutely outrageous some of the things 4975. Frankly, Mr. Chairman, as I have the rules were suspended and the reso- that we have seen from both political read editorials for a wide range of pub- lution, as amended, was agreed to. parties over the past several months. lications here in this town and across A motion to reconsider was laid on Action, common-sense action, Mr. the country, there is an awful lot of the table. Chairman, is absolutely needed, and confusion as to what this bill actually that is why I am very proud that does. So I thought that I would take f Speaker Dennis Hastert 4 months ago just a moment to summarize for our GENERAL LEAVE stepped up to the plate and said this is friends here in the House and for any- Mr. DREIER. Mr. Speaker, I ask exactly what we need to do, is we need one who might be following this, any unanimous consent that all Members to take strong action. editorial writer out there, I would like may have 5 legislative days within Republicans and Democrats have to summarize what this legislation will which to revise and extend their re- worked together tirelessly on this issue and will not do. marks and insert extraneous material over the past 4 months. The goal is to Mr. Chairman, this legislation will regarding H.R. 4975. strengthen and reform House rules, as enhance transparency and account- The SPEAKER pro tempore (Mr. well as that 1995 Lobbying Disclosure ability in Congress through increased DEAL of Georgia). Is there objection to Act which we very proudly put into disclosure and tighter rules. No matter the request of the gentleman from place when we won the majority back what anyone says, Mr. Chairman, this California? in 1994. legislation does increase transparency

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.054 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2012 CONGRESSIONAL RECORD — HOUSE May 3, 2006 and accountability through toughening Chairman. We know full well that they There is certainly an ‘‘Alice in Won- up disclosure and tightening the rules. are going to get a lot of people stand- derland’’ quality to this debate already Mr. Chairman, this legislation will ing in the way, and yet we need to take this afternoon where Alice could be- fulfill the public’s right to know who is this step forward, and that is what H.R. lieve 90 possible things before break- seeking to influence their Congress. 4975 does. fast, and to believe that we all worked This legislation will provide brighter There is no question whatsoever that together on this bill is absolutely not lines of right and wrong and more rig- this bill, regardless of what anyone true. Democrats and Republicans have orous ethics training so that everyone says about it, that it represents worked hard, but in different alleys, can understand what is right and what progress. It is a move in the right di- going in different directions. is wrong here. I was taught that as a rection, and a lot of us want to do To that end, I would like to submit kid, but obviously there has been some more, but this is a bill that moves us in for the RECORD at this point from The confusion and in the past there have the right direction. Post this morning an editorial entitled, been gray areas. This legislation cre- There is no question at all that it is ‘‘Kill this Bill,’’ along with several oth- ates that clear definition and provides a vast improvement over the status ers. Every editorial group and outside an opportunity for greater training for quo, and there is no question that it organizations have said this bill is a Members and staff so they can have an does put us on a path towards that very hollow sham. understanding of it. important conference that we will have [From washingtonpost.com, May 3, 2006] This legislation will significantly re- with our friends in the other body. KILL THIS BILL form the earmark process to foster Now, of course, Mr. Chairman, there ‘‘Bold, Responsible, common-sense reform more responsible and accountable gov- are many up there who want to engage of our current lobbying and ethics laws is ernment spending. in nothing but criticism. They want to clearly needed,’’ House Rules Committee I read one editorial in which they say no. They want to defeat this effort Chairman David Dreier (R-Calif.) told his said this bill does not tackle the so- for real reform. They want to just colleagues on the House floor last week. ‘‘We called Bridge to Nowhere issue. Well, criticize what it is that we are trying owe it to our constituents. We owe it to our- Mr. Chairman, anyone who has fol- to do here when we have been able to selves. We owe it to this institution.’’ Very true—which is why House members lowed this debate knows that full well fashion a bipartisan package. But to should reject the diluted snake oil that Mr. that last week when we were debating what end? To protect the current sys- Dreier and the GOP leadership are peddling the rule, the Speaker, the majority tem? Because this is really what is as bold reform. Their bill, which is expected leader, I, the whip, others made have a going to happen. I mean, if we pass the to come before the House for a vote today, is very strong commitment, working with previous question, if we defeat this leg- an insult to voters who the GOP apparently the Appropriation Committee, that the islation, all we will be doing is perpet- believes are dumb enough to be snookered by Senate has passed language which we uating the status quo because it will this feint. The procedures under which it is think is very good. slow the process of reform. The same to be debated, allowing only meaningless amendments to be considered, are an insult It is language which says that when system that we have spent 4 months also—to the democratic process. we look at the issue of earmark reform decrying, as we sought this reform, At best the bill would marginally improve so we can have greater accountability would be perpetuated. the existing arrangement of minimal disclo- when it comes to spending that it It defies logic, Mr. Chairman, to sure, laxly enforced. Reporting by lobbyists should not simply focus on the appro- criticize the current standards and would be quarterly instead of twice yearly priations process. It should be uni- then vote to keep them in place, be- and slightly more detailed (with listings of versal and go across the board to the cause that is exactly what will happen. lobbyists’ campaign contributions—already other committees as well. That com- With their recommittal motion, that is available elsewhere—along with gifts to law- makers and contributions to their charities). mitment was made a week ago, and yet exactly what will happen with any at- Nothing would crimp lawmakers’ lifestyles: some people seem to think that we are tempt to defeat this measure. Still allowed would be meals, gifts (skybox not willing to take that on. Mr. Chairman, Winston Churchill, I seats at sporting events, say) and cut-rate Mr. Chairman, this legislation will think said it very well, when he wrote: flights on corporate jets. Privately sponsored considerably increase fines and pen- Criticism is easy; achievement is dif- travel would be suspended, but only until alties for violating the transparency ficult. just after the election. and accountability provisions. Mr. Chairman, this is no time for us The provisions on earmarks are similarly This legislation will give a new au- to recoil in our effort to bring about re- feeble. Lawmakers who insert pet projects in spending bills would have to attach their thority to the House Inspector General form. By voting yes for this bill, the names to them—but that’s all. If that hap- to perform random audits of lobbyist House will vote for achievement, for pens, these provisions wouldn’t be subject to disclosure forms and refer violations to progress and for rebuilding the trust of challenge. Earmark reform that wouldn’t the Department of Justice. the American people. A vote for H.R. allow a vote to stop future ‘‘Bridges to No- Now, Mr. Chairman, here is what this 4975 is a vote for reform. where’’ isn’t real reform. legislation will not do. It will not per- Mr. Chairman, after we pass this bill, Matching the anemic measure is the un- mit business as usual. It will not per- let me tell you what is next on our democratic procedure under which it will be petuate the status quo. agenda: more reform. The Republican ‘‘debated’’ on the House floor. Nine amend- Mr. Chairman, while this body is ments are to be considered, including such party is the party of reform. The Re- tough-love provisions as ‘‘voluntary ethics united in its desire for reform, we publican party has and will continue to training’’ for members and holding lobbyists clearly have disagreements over some reach out to our Democratic colleagues liable for knowingly offering gifts whose of the specifics. Some think that this who are reform-minded to continue value exceeds the gift limit. (Not to worry: bill goes too far; some think that this down this road towards reform. Legislators wouldn’t be liable for accepting bill does not go far enough; and, frank- The drive for reform never stops. We them.) The Rules Committee refused to per- ly, I wish that this bill were stronger have demonstrated that consistently in mit votes on amendments to strengthen the than it is. But we are getting ready to the past, and we will continue to do so measure, including proposals to establish an take this very important step to go independent ethics office; to require law- in the future. It is a continuous, ongo- makers to pay full freight for chartered into conference with the Senate; and, ing process that takes both persever- flights; or to double the waiting period for as we do that, I believe that we can ance and commitment. lawmakers to lobby their former colleagues come back with a stronger bill. This is Mr. Chairman, I believe that it is ab- from one year to two. Neither would the ma- what I am hoping will happen, but we solutely essential for us to continue jority risk an up-or-down vote on the much must proceed with this measure so that down the road towards reform so that more robust Democratic alternative. we can make that happen. we can make this institution more ef- Democrats tempted to vote for this sham Yet today we stand, as I said, on the fective and more respected. because they’re scared of 30-second ads that starting blocks of our reform effort, Mr. Chairman, I reserve the balance accuse them of opposing lobbying reform ought to ask themselves whether they really and the single most important thing of my time. think so little of their constituents. As for that we can do at this stage is to keep Ms. SLAUGHTER. Mr. Chairman, I Republicans willing to settle for this legisla- the process of reform moving. That is yield myself such time as I may con- tive fig leaf, they ought to listen to Rep. really what this is all about today, Mr. sume. Christopher Shays (R-Conn.). ‘‘I happen to

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.057 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2013 believe we are losing our moral authority to [From the New York Times, Apr. 30, 2006] thought limiting lobbyist clout over law- lead this place,’’ Mr. Shays said on the House NOW YOU SEE IT, NOW YOU DON’T makers was the whole point of reform. floor last week. He was generous not to have The inclusion of something termed ‘‘ethics Dreier is apparently more concerned with put that in the past tense. training’’ in the House Republican major- the health and welfare of lobbyists than his ity’s pending lobbying reform bill is the ulti- own legislative body’s reputation. [From USA Today, April 24, 2006] mate touch of drollery. It is a public rela- In a letter to lawmakers, a coalition of pro-reform groups appealed for the defeat of SNOW JOB ON LOBBYING tions kiss-off acknowledging growing con- cern about the appearance of scandalous the legislation and the enactment of tough Congress still doesn’t get it. After more measures to rein in the influence of lobby- than a year of negative headlines about po- money ties between Congressional cam- paigners and their claques of loyal lobbyists. ists. According to the missive, ‘‘H.R. 4975 litical corruption and money-soaked alli- represents an effort by Members to have it ances with lobbyists, House leaders are At the same time, it is clear notice that this ethically challenged Congress has no inten- both ways—holding on to the financial bene- weakening their already anemic excuse for fits and perks they receive from lobbyists reform. tion of doing anything serious about reform. The House majority leader, John Boehner, and other special interests, while claiming They hope to pass the plan this week and conceded as much in observing, ‘‘The status that they have dealt with the lobbying and then, with the glowing pride of grandees quo is a powerful force.’’ ethics problems in Congress. . . . The public doling pennies to the poor, con the public As it is, Mr. Boehner has had to drag his will not be fooled by this phony game.’’ into believing they’re actually giving up members kicking and screaming to a vote Democracy 21 President Fred Wertheimer enough of their prized perks to make a dif- this week on the cut-and-paste figments of said the House bill ‘‘is apparently based on ference. reform that the House G.O.P. will be ped- the premise that you can fool all of the peo- The plan—pushed by Rules Committee dling to the voters this fall. The bill is even ple all of the time.’’ He points out the mis- Chairman David Dreier and Majority leader weaker than the Senate’s half-hearted meas- leading language of the legislation, including John Boehner contains a few enticing illu- ure. Rather than banning gifts and campaign ‘‘a section called ‘Curbing Lobbyists’ Gifts’ sions, such as modest changes in disclosure money from lobbyists, the bill embraces dis- that doesn’t curb gifts from lobbyists, and a rules and pork-barrel spending restraints. closure—the equivalent of price lists for the section called, ‘Slowing the Revolving Door,’ But it’s far from anything lobbyists might cost of doing business with a given law- that contains no provisions to slow the re- fear. In light of the tawdry political culture maker. A bipartisan attempt at true reform volving door.’’ exposed by the sprawling case of super lob- was squelched as non-germane, as if the need How many more members of Congress, byist Jack Abramoff, awaiting sentencing in to create an independent ethics enforcement their aides and lobbyists have to be con- Washington, the measure is most note- body is not obvious by now after the lobbyist victed of fraud, bribery and abuse of voter’s worthy for what it would fail to do: corruption story of Jack Abramoff and his trust before legislators get the message that Cushy travel paid for by private groups—a back-door power over lawmakers. the public is serious about ethics reform? device lobbyists use to buy favors—would be The Democrats are right to oppose the In pretending that their bill is something banned, but only until after the election. measure. Some Republicans, worried that it other than a self-serving sham, House lead- Next year, it would be back to business as will be properly perceived as the Bill to No- ers demonstrate just how out of touch they usual. where, did point out loopholes in the pro- are. If it passes, the next chance for ethics Lobbyists would be barred from flying on posal to rein in the pork-barrel earmark reform may come at the polls in November. corporate jets with members of Congress, a gimmickry dear to lawmakers and lobbyists. response to calls to abolish this cozy form of But no credible fix was made. [From Star-Telegram.com, May 3, 2006] special-interest access. But nothing would ‘‘ONE OF THE GREATEST LEGISLATIVE SCAMS prevent executives who aren’t registered lob- [From the Houston Chronicle, Apr. 26, 2006] THAT I HAVE SEEN’’ byists from continuing to do the same thing. STILLBORN REFORM (By Molly Ivins) And nothing would alter the practice of rou- After tough jawboning about ethics reform AUSTIN.—Either the ‘‘lobby reform bill’’ is tinely making these planes available for in response to the scandal centered on con- the contemptible, cheesy, shoddy piece of members’ political or personal trips at deep- victed lobbyist Jack Abramoff, House Repub- hypocrisy that it appears to be . . . or the ly subsidized fares. lican leaders have produced legislation that Republicans have a sense of humor. There’s no provision for creating a much- mocks its title, the Lobbying Accountability The ‘‘lobby reform’’ bill does show, one needed independent, non-partisan Office of and Transparency Act of 2006. could argue, a sort of cheerful, defiant, flip- Public Integrity to give credibility to probes In fact, the bill does little to increase ac- ping-the-bird-at-the-public attitude that of ethics complaints. Ethics committees of countability in the lawmaker-lobbyist rela- could pass for humor. You have to admit the Senate and House of Representatives tionship and is transparent only in its dis- that calling this an ‘‘ethics bill’’ requires have proven inadequate for the task. play of political showmanship and the ab- brass bravura. House Republican leaders have dropped sence of substance. Even after the conviction House Republicans returned last week proposed requirements that lobbyists dis- of a California congressman for bribery, the from a two-week recess prepared to vote for close which lawmakers and aides they have guilty pleas of two former aides to U.S. Rep. ‘‘a relatively tepid ethics bill,’’ as The Wash- contacted and how they have raised money Tom DeLay and the widening net of the fed- ington Post put it, because they said their for politicians. As a result, lobbyists banned eral Abramoff probe, Congress, seems to be constituents rarely mentioned the issue. from paying $100 for a congressman’s res- falling back into a ‘‘What, me worry?’’ pos- Forget all that talk back in January when taurant dinner would remain free to pay ture. Jack Abramoff was indicted. What restric- $25,000 or $50,000 to underwrite a fundraising The House version that might be voted on tions on meals and gifts from lobbyists? party to ‘‘honor’’ the member. this week is even weaker than its Senate More golfing trips! According to Rep. Nancy Most rules allowing members of Congress counterpart, which government watchdog L. Johnson of Connecticut, former chair- and their staffs to accept gifts from lobbyists groups criticized as toothless. Jettisoned woman of the House ethics committee, pas- would remain unchanged. from the proposal were strictures on gifts to sage of the bill will have no political con- The sorry record of this Congress cries out elected officials and a requirement that leg- sequences ‘‘because people are quite con- for real reform, not a toothless sham. One islators pay private charter rates for trans- vinced that the rhetoric of reform is just po- member has been sent to prison for extorting portation on corporate jets. A ban on elected litical.’’ bribes from lobbyists and favor-seekers. officials’ acceptance of free junkets from pri- Where could they have gotten that idea? Former House majority leader Tom Delay is vate groups will extend only until after the Rep. David Hobson, R-Ohio, told the Post, under indictment on political money-laun- next election, an indication that Congress ‘‘We panicked, and we let the media get us dering charges, two of his former aides have lacks the resolve to give up a major perk. panicked.’’ pleaded guilty to corruption charges, and Dropped by the wayside was a plan to in- By George, here’s the right way to think of he’s quitting because he fears the voters’ vigorate the slumbering congressional ethics it: The entire Congress lies stinking in open backlash. At least a half-dozen other mem- committees with an independent public in- corruption, but they can’t let the media bers, from both parties, are under investiga- tegrity office. Also deleted were require- panic them. They’re actually proud of not tion by various federal agencies on every- ments that lobbyists disclose contacts with cleaning it up. thing from bribery to insider trading. lawmakers and fund-raising efforts on their The House bill passed a procedural vote Not coincidentally, polls show public dis- behalf, a system that allows lobbyists to fun- last week, 216–207, and it is scheduled for illusionment with Congress at the highest nel other people’s campaign cash to buy in- floor debate and a final vote today—which levels in more than a decade. This is fueled fluence with key officials. A spokeswoman gives citizens who don’t like being conned a in part by the lobbying and corruption scan- for House Rules Committee Chairman David chance to speak. Now is the time for a little dals that show special interests and self-in- Dreier, R-Calif., told Roll Call the provision Cain-raising. terest trumping the public interest. was removed because it ‘‘could have a Chellie Pingree of Common Cause said, If the self-righteous incumbents can’t do chilling effect on lobbying.’’ ‘‘This legislation is so weak it’s embar- better than this outrageous substitute for Given the disproportionate influence of rassing.’’ Fred Wertheimer, president of De- needed reform, they will deserve to be de- highly paid special interest advocates on the mocracy 21 and a longtime worker in reform- feated in November. legislative process in Washington, we ist vineyards, said: ‘‘This bill is based on the

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.014 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2014 CONGRESSIONAL RECORD — HOUSE May 3, 2006 premise that you can fool all of the people lican leaders pledged to get tough on lobby- right to assail the lobbying reform bill all of the time. This is an attempt at one of ists? Well, you may; apparently they don’t. last week, but he did not let us off the the greatest legislative scams that I have The House plans this week to take up the hook. There is one thing we did not do, seen in 30 years of working on these issues.’’ Lobbying Accountability and Transparency Mr. Hines said, we should have been Come on, people, get mad. You deserve to Act of 2006, a watered-down sham that would be treated with contempt if you let them get provide little in the way of accountability or tougher, and he is right. There is no away with this. transparency. If the Senate-passed measure need to mince any words here. The I’m sorry that all these procedural votes was a disappointment, the House version is issue at hand is just too important to seem so picayune, and I know the cost of gas simply a joke—or, more accurately, a ruse allow for pleasantries. and health insurance are more immediate aimed at convincing what the leaders must worries. But it is precisely the corruption of This bill is a sham; and by promoting believe is doltish public that the House has it as a real reform measure, Repub- Congress by big money that allows the oil done something to clean up Washington. and insurance industries to get away with Privately paid travel, such as the lavish licans are lying to the American peo- these fantastic rip-offs. golfing trips to Scotland that Mr. Abramoff ple. Watching Washington be taken over by arranged for members? ‘‘Private travel has these little sleaze merchants is not only ex- Consider what Mr. Hines said about been abused by some, and I believe we need pensive and repulsive—it is destroying Amer- it. ‘‘The bill,’’ he wrote, ‘‘is designed to to put an end to it,’’ said Speaker J. Dennis ica, destroying any sense we ever had that get the ruling Republicans past the No- we’re a nation, not 298 million individuals Hastert (R–Ill). But that was January; this is now. Privately funded trips wouldn’t be vember election. Period.’’ He said that cheating to get ahead. with this bill Republicans are hoping I’m sorry that these creeps in Congress banned under the House bill, just ‘‘sus- have so little sense of what they’re supposed pended’’ until Dec. 15 (yes, just after the to ‘‘keep control of the House with a to be about that they think it’s fine to sneer election) while the House ethics committee, minimum change in the way the major- at ethics. But they work for us. It’s our job that bastion of anemic do-nothingness, os- ity party has come to do business.’’ tensibly develops recommendations. to keep them under control until we can re- And he is not alone. Every major edi- place them. Time to get up off our rears and Meals and other gifts from lobbyists? ‘‘I take some responsibility. Let them hear believe that it’s also very important for us torial board in the country has roundly from you. to proceed with a significantly stronger gift denounced this legislation. Today’s ban, which would prevent members and staff Washington Post calls it ‘‘deluded [From the New York Times, Apr. 26, 2006] from personally benefiting from gifts from snake oil’’ and said that it ‘‘is an insult THE LOBBYIST EMPOWERMENT ACT lobbyists,’’ said Rules Committee Chairman to voters who the GOP apparently be- The House Republican leaders managed a David Dreier (R-Calif.) in—you guessed it— lieves are dumb enough to be January. Now, Mr. Dreier’s bill would leave new feat of cravenness during the recent re- snookered by this feint.’’ cess, hollowing out their long promised ‘‘lob- the current gift limits unchanged. bying reform’’ bill to meet the dictates of— Flights on corporate jets? No problem; the Last week’s Roll Call said the bill who else?—Washington’s power lobbyists. bill wouldn’t permit corporate lobbyists to ‘‘makes a mockery of its own title’’; During two weeks of supposed inactivity, tag along, but other corporate officials are and the New York Times, calling it the the leadership bill was chiseled down at the welcome aboard while lawmakers get the ‘‘lobbyist empowerment act,’’ noted benefits of private jets at the cost of a first- behest of K Street to an Orwellian shell of that the Republicans have buried ‘‘all righteous platitudes about transparency and class ticket. Mr. Dreier’s Rules Committee took an al- attempts at instituting credible ethics integrity. The measure to be debated this enforcement in the House.’’ week has been stripped of provisions to re- ready weak House bill and made it weaker. quire full disclosure of lobbyists’ campaign From the version of the measure approved by The person who is head of the lob- fund-raising powers and V.I.P. access in Con- the House Judiciary Committee, it dropped bying organization, when asked about gress. The measure buries all attempts at in- provisions that would require lobbyists to disclose fundraisers they host for candidates, it, he said, oh, that little thing, abso- stituting credible ethics enforcement in the lutely in his belief saying there is House. campaign checks they solicit for lawmakers The nation should not be fooled. The pro- and parties they finance (at conventions, for nothing here. posal is a cadaverous pretense that Congress example) in honor of members. To my friends on both sides of the has learned the corrupting lessons of Jack The bill would require more frequent re- aisle, your constituents are watching. Abramoff, the disgraced superlobbyist; Rep- porting by lobbyists and somewhat more de- tail. Lobbyists would have to list their cam- If you vote for this bill, you are telling resentative Tom DeLay, the fallen majority them that you are not serious about leader; and Duke Cunningham, the impris- paign contributions—information that’s oned former congressman. It makes a laugh- available elsewhere but nonetheless conven- ethics reform. You are saying that you ingstock of the pious promises of last Janu- ient to have on disclosure forms. And some accept the leadership that promotes ary to ban privately financed junketeering additional information would have to be dis- dishonest legislation and one that bra- by lawmakers. Instead, these adventures in closed—meals or gifts that lobbyists provide zenly lies what its bills will do. to lawmakers, along with contributions to quid pro quo lawmaking would be suspended Despite Republican proclamations to only temporarily, safe to blossom again after their charities. Some lawmakers want to the next election. strengthen the bill. But will the Rules Com- the contrary, the scope of what this The bill’s cosmetic requirements for lim- mittee allow their proposals to be consid- bill does not do is nothing short of ited disclosure are overshadowed by the bra- ered? Rep. Christopher Shays (R-Conn.) stunning. zen refusal to plug the loopholes for lobby- would require lawmakers to pay market In January, the Speaker of the ists’ gifts or to end their lavish parties for rates for corporate charters. Mr. Shays and House, Representative HASTERT, called ‘‘honoring’’ our all too easily seduced law- Rep. Martin T. Meehan (D-Mass.) would sup- makers. The G.O.P. leaders can’t even mar- plement the paralyzed House ethics com- for an end to privately funded travel, shal the courage to rein in the shameful use mittee with an independent congressional but this bill does not end it. It merely of corporate jets by pliant lawmakers. ethics office—needed now more than ever. bans it until December, one month It’s hard to believe that members of Con- House Democrats have a far more robust after the election, when the Ethics gress mindful of voters’ diminishing respect version of lobbying reform that deserves an Committee is supposed to weigh in on would attempt such an election-year con. up-or-down vote. Having produced a bill this the matter. Of course, Republicans One Republican proponent had the gall to bad, the Rules Committee ought at least to argue that we mustn’t ‘‘chill’’ the right of have shut down the Ethics Committee give lawmakers an opportunity to vote for for a year and a half, and I do not ex- lobbyists, the ultimate insiders, to petition something better. government. pect it to rule on anything significant The true measure of the debate will be Mr. Chairman, the sad thing I think anytime soon. here is that, as hard as we all worked, whether the House continues to suppress a Back in January, my colleague on bipartisan package of vigorous reforms of- the Democrat amendments were not al- fered by Martin Meehan, the Massachusetts lowed. We had one out of the nine that the Rules Committee, Representative Democrat, and Christopher Shays, the Con- are here today, and our package of DREIER, said we should institute a necticut Republican. These measures would rules changes and lobbying reforms much stronger gift ban, but the bill at long last galvanize ethics enforcement were not allowed, but we will have a does not do that either. and crimp the disgraceful symbiosis of lob- Last week in the Rules Committee, byist and lawmaker on Capitol Hill. chance to vote for those on the motion to recommit, and I urge people to do Republicans voted down 20 more com- [From the Washington Post, Apr. 25, 2006] that. monsense Democratic amendments out SHAM LOBBYING REFORM The esteemed Houston Chronicle col- of 21 submitted, and that is 95 percent. Do you remember, back when the spotlight umnist, Craig Hines, recently wrote They rejected an amendment that was on Jack Abramoff, how House Repub- that I and my Democrat colleagues are would prohibit securities trading by

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.018 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2015 Members and their staff based on non- far as the majority is concerned, that countability and Transparency Act public information. They vetoed a re- will be that. The public cried out for does just that while preserving the quirement that top officials report con- reform after they realized the degree to right of Americans to petition their tacts that they have with private par- which their trust and good will were government. ties seeking to influence government being abused, and the Republicans Much like other bills that are action. They turned down a ban on promised change, but they have gone brought to this floor, this bill is a com- gifts from lobbyists and an end to the back on their word. This is the very op- promise, and I would like to commend inherently anti-Democratic K Street posite of a reform bill. It is instead a Chairman DREIER for seeking input project. steadfast and cynical defense of an in- from Members on both sides of the Mr. Chairman, these endless omis- defensible status quo. aisle, but especially for the long, hard sions would be bad enough on their Mr. Chairman, let me again address work that he has worked on this issue own, but the real reason why this legis- my friends on both sides of the aisle. since the turn of the year. This was no lation is such a disappointment, the Some of you may be afraid that a vote easy task. And as the chairman said, real reason why it is such a missed op- against this bill will be portrayed by this is only the start of the process. portunity to create the reform Ameri- your opponents back home as a vote But because this is a compromise, I be- cans are demanding is that it does against reform. But it does not have to lieve that there are areas in which this nothing, nothing, to fix the battered be that way because you do have a bill can be improved. For that reason, and broken political process of this choice here today. I will be offering a I am pleased that we will have an op- Congress. substitute in the form of a motion to portunity to consider an amendment later today that I have cosponsored b 1330 recommit that will do everything the Republican bill does not and will de- that will further improve the bill with The rules of the House and the proce- liver everything that the American regard to privately funded travel for dures enshrined within it during our people expect from lobbying reform: it Members of Congress. first two centuries as a Nation were will ban travel on corporate jets as Much concern has been raised in re- conscientiously designed to be a vac- well as gifts and meals from lobbyists. cent months over abuse of House rules cine against corruption in this body by It will shut down the K Street Project. that permit Members and staff to ac- maintaining an open and transparent It will end the practice of adding spe- cept privately funded travel connected legislative process, by allowing bills to cial interest provisions to conference with the performance of their official be debated and amended, by permitting reports in the dead of night. It will in- duties. Upon passage by the House, the Members of Congress to actually read crease transparency for all earmarks, legislation before us today would tem- and reflect upon legislation before they toughen lobbyist disclosure require- porarily suspend such travel and direct are forced to vote on it. Through these ments and, most importantly, set up a the Ethics Committee to propose to the means, Congress was supposed to be structure for real enforcement of lob- House new rules for approving and dis- freed from the temptations of corrup- byist requirements. closing privately funded travel. tion that our Founding Fathers knew Today is a moment of truth for this As several of my colleagues will note lurked in the shadows. But during the Congress. You can vote for the Repub- later on, I am sure, and have noted in last 11 years of the Republican leader- lican bill before us and tell an entire the past, privately funded travel often ship, those shadows have spread, and Nation that you really do not care serves a very useful purpose, and the today, it is hard to see the light any- about what it thinks, or you can vote temporary suspension is not intended more. ‘‘yes’’ on the motion to recommit and to signal that something is inherently The results have been as outrageous pass the Democratic substitute. I urge wrong with these private trips. Instead, as they have been predictable. Corrup- my colleagues in the strongest possible the temporary suspension recognizes tion has become commonplace. Mem- words to do what is right for this Con- that, until a new travel system can be bers no longer need to fear public scru- gress and for this Nation. put in place, Members taking such tiny of their actions because they work Mr. Chairman, I reserve the balance trips do so at considerable risk of pub- in secret, as do the lobbyists who court of my time. lic criticism that is in many instances them and whom they court in return, Mr. DREIER. Mr. Chairman, let me unwarranted. all 35,000 of them. Nor do they need to just say that I have not been in Alice For that reason, the bipartisan Lun- forge agreements with others to get in Wonderland until I heard my col- gren-George Miller-Hastings-Berman- provisions through the House; they just league talk about it. So much for bi- Cole amendment was proposed as a slip them into large bills without tell- partisan comity. I am very proud to be stop gap measure designed to protect ing anyone. working with Democrats on this impor- Members and staff who have already The system is broken, and as long as tant legislation, but as I listen to this made plans to travel during the 6 it is broken, it will remain corrupt. mischaracterization of our strong bi- weeks between now and mid-June when This bill was supposed to change this partisan reform effort, I am somewhat the House is expected to act on rec- abysmal reality, but it will not change stunned. ommendations for new travel rules to a thing. If we pass this legislation as it Mr. Chairman, I am very happy to be proposed by the Ethics Committee. is written, secret last-minute perks yield 4 minutes to an individual who Very simply, our amendment pro- and protections for big business will has worked as hard or harder than any- vides that privately funded travel may still be routinely added to the con- one on this issue of reform, the distin- be accepted during this interim period ference reports. The Rules Committee guished chairman of the Committee on whenever two-thirds members of the will still deny anyone not in the major- Standards of Official Conduct, my Ethics Committee vote to approve the ity the right to amend legislation. Rules Committee colleague, the gen- proposed trip. This mechanism, which Major thousand-page bills will still be tleman from Pasco, Washington (Mr. will be in place for only a relatively dropped on the desk of Members only HASTINGS). short period of time, will make it pos- minutes before they have to vote for Mr. HASTINGS of Washington. Mr. sible for worthwhile trips to go forward them. And when the time for the votes Chairman, I rise today in strong sup- while ensuring that all privately fund- has come, the arm twisting and influ- port of H.R. 4975, the Lobbying Ac- ed travel is carefully scrutinized for ence peddling on the very floor of this countability and Transparency Act. compliance with applicable House House will continue unabated, and it Mr. Chairman, the American people rules. will go on 10 minutes, 20 minutes, an have every right to expect the highest I am pleased that several of my dis- hour, even 3 hours after votes have offi- ethical standards here in the people’s tinguished colleagues on both sides of cially ended, whatever it takes to jam House. the aisle, including the new ranking the agenda of the majority through the In order to uphold the integrity of minority member of the Ethics Com- gears of our deteriorating democracy. Congress as an institution, we must go mittee, Mr. BERMAN, have had a hand None of these un-American shameful a step further to enhance transparency in crafting this interim travel approval practices are even addressed in this and accountability with respect to lob- mechanism. I look forward to working bill, let alone prohibited. And then, as bying activities. The Lobbying Ac- closely with Mr. BERMAN not only to

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.059 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2016 CONGRESSIONAL RECORD — HOUSE May 3, 2006 ensure that this process runs smoothly CONGRESSIONAL RESEARCH SERVICE, the compensation for procuring or influ- but also on a bipartisan basis to de- Washington, DC, Sept. 21, 2000. encing legislative action is made contingent MEMORANDUM upon the success of the undertaking furnish velop clear and workable rules for ap- the strongest incentive to the exertion of Subject: Contingency Fees for Lobbying Ac- proving privately funded travel that corrupting and sinister influences to the end the Ethics Committee will commu- tivities. that the desired legislation may be secured, From: Jack Maskell, Legislative Attorney, nicate to all Members and staff. and there is a long line of cases which holds American Law Division. that if the agreement is one in which the Mr. Chairman, I urge adoption of the This memorandum is prepared in response compensation is contingent upon success in bill. to requests from congressional offices for in- accomplishing the end sought, it is utterly formation about whether one may lawfully void as against public policy.’’ Ms. SLAUGHTER. Mr. Chairman, I have a contingency fee arrangement for The United Stats Supreme Court addressed am pleased to yield 2 minutes to the ‘‘lobbying’’ activities in which the fee for the issue in Hazelton v. Sheckells, in 1906. In gentleman from Virginia (Mr. SCOTT). such lobbying activities is contingent upon that case the Court refused specific perform- the success of ‘‘lobbying’’ efforts in having ance of a contract to convey a deed as com- Mr. SCOTT of Virginia. Mr. Chair- legislation passed in the United States Con- pensation for services where ‘‘the services man, I rise in opposition to the bill be- gress. contemplated as a partial consideration of cause it does nothing to reduce corrup- There is no statute under federal law the promise to convey were services in pro- tion and lobbying. which expressly addresses the issue of con- curing legislation upon a matter of public in- tingency fees with respect to all lobbying ac- terest, in respect of which neither of the par- Mr. Chairman, I had an amendment tivities generally before the Congress. Con- ties had any claim against the United that was adopted in the Judiciary Com- tingency fees may be expressly barred, how- States.’’ As established in the conveyance mittee. That language was subse- ever, under certain circumstances. There is document, such agreement ‘‘was in sub- quently stripped from the bill by the in federal law an express prohibition against stance a contingent fee,’’ dependent upon the contingency fee arrangements with respect passage of legislation by the Congress. Jus- Rules Committee. That amendment to seeking certain contracts with the agen- tice Oliver Wendell Holmes, writing for the would have simply required a study of cies of the Federal Government. Activities Court, explained that it was the ‘‘tendency’’ the practice by which some lobbyists which might generally or colloquially be in such contract agreements to provide in- appear to be charging percentage con- called ‘‘lobbying,’’ but which involve making centives towards corruption, and not nec- tingent fees for obtaining earmarks in representations on behalf of private parties essarily any actual corrupt activity in a par- before federal agencies to obtain certain gov- appropriations bills. Now, when you ticular contract or case, that made these ernment contracts, may thus be subject to contingent arrangements void for public pol- combine that idea with the K Street the contingency prohibitions. The reason for icy reasons. Thus, the Court found that even Project where you are supposed to be such ban has been explained as follows: though the services in this case were legiti- hiring a Republican lobbyist who is ‘‘Contractors’ arrangements to pay contin- mate, that ‘‘[t]he objection to them rests in supposed to be contributing back to gent fees for soliciting or obtaining Govern- their tendency, not in what was done in the the legislators, you can see just how ment contracts have long been considered particular case,’’ especially since if there contrary to public policy because such ar- had been undue or improper influence ‘‘it ugly a practice this can be. My amend- rangements may lead to attempted or actual probably would be hidden and would not ap- ment would have simply asked for a exercise of improper influence ....’’ pear.’’ The Court stated that ‘‘in its incep- study of the prevalence of that prac- Contingency fees are also prohibited for tion’’ the contingency fee arrangement ‘‘nec- tice. lobbying the Congress by persons who must essarily invited and tended to induce im- register as agents of foreign principals under proper solicitations, and it intensified the in- Mr. Chairman, these kinds of con- the Foreign Agents Registration Act. The ducement by the contingency of the reward.’’ tracts are illegal when lobbyists are prohibition is upon agreements where the The Court found that earlier Supreme Court representing foreign governments and amount of payment ‘‘is contingent in whole precedent had established ‘‘that all contracts are illegal in some activities involving or in part upon the success of any political for a contingent compensation for obtaining the Executive Branch. They are illegal activities carried on by such agent.’’ The legislation were void,’’ and refused to en- covered ‘‘political activities’’ of such agents force the contract in question. in 39 State legislatures. However, it under the Foreign Agents Registration Act The judicial disfavor expressed by the Su- does not appear to be illegal lobbying include any activity which the agent ‘‘in- preme Court for contingency contracts for Congress under Federal law. The Con- tends to, in any way influence any agency or lobbying on general legislation dates back at gressional Research Service in a official of the Government of the United least to 1853, when in Marshal v. Baltimore & memorandum dated September 21, 2000 States ... with reference to formulating, Ohio R.R., supra, the Court with reference to secret contingent contracts explained: cites a legal treatise which says that adopting, or changing the domestic or for- eign policies of the United States ...,’’ and ‘‘It is an undoubted principle of the com- these contracts furnish the strongest thus include the activities of ‘‘lobbying’’ mon law, that it will not lend its aid to en- incentive to the exertion of corrupting Members and staff of Congress on legislation force a contract to do an act . . . which is in- and sinister influences and are utterly or appropriations. consistent with sound morals or public pol- void against public policy. Although there is no general, express fed- icy; or which tends to corrupt or contami- eral law barring all contingency fees for suc- nate, by improper influences, the integrity of Supreme Court Justice Oliver Wen- cessful lobbying before Congress, there is a our social or political institutions. . . . Leg- dell Holmes was cited in that same long history of judicial precedent and tradi- islators should act from high consideration memorandum as saying that they have tional judicial opinion which indicates that of public duty. Public policy and sound mo- such contingency fee arrangements, when in rality do therefore imperatively require that a tendency in such contracts to provide courts should put the stamp of disapproba- incentives towards corruption. In fact, reference to ‘‘lobbying’’ and the use of influ- ence before a legislature on general legisla- tion on every act, and pronounce void every contract the ultimate or probable tendency an 1853 Supreme Court case said that tion, are void from their origin (ab initio) for of which would be to sully the purity or mis- common law will not lend its aid to en- public policy reasons, and therefore would be lead the judgments of those to whom the force a contract to do an act which is denied enforcement in the courts. In some high trust of legislation is confided. inconsistent with sound morals or pub- instances contingency fee arrangements ‘‘. . . Bribes in the shape of high contin- lic policy, or which tends to corrupt or based on the success of legislation have been gent compensation, must necessarily lead to contaminate by improper influences upheld in a few courts, however, when the the use of improper means and the exercise duties contracted for were professional serv- the integrity of our social or political of undue influence. Their necessary con- ices that did not involve traditional, statu- sequence is the demoralization of the agent institutions. torily defined ‘‘lobbying’’ or the use of per- who covenants for them; he is soon brought Mr. Chairman, true lobbying reform sonal influence before the legislature, or to believe that any means which will produce where the client had a legitimate claim or ought to remove corruption from lob- so beneficial a result to himself are ‘‘proper legal right to be asserted in a matter before means’’; and that a share of these profits bying, and if we are going to be serious the legislature (e.g., ‘‘debt legislation’’). may have the same effect of quickening the about that, we ought to at least study The concern of potential temptations from perceptions and warming the zeal of influen- the prevalence of these contracts which overzealousness and undue influences which tial or ‘‘careless’’ members in favor of his everybody knows has a corrupting in- certain ‘‘all or nothing’’ contingency ar- bill.’’ fluence. By removing the amendment, rangements might engender has also been In a more recent federal case on this sub- the reason behind the public policy ject, a United States Court of Appeals in it is clear that that was not the pur- disfavoring contingency fees in the case of 1996, in Florida League of Professional Lob- pose of the bill, and I urge my col- lobbying the legislature. As summarized in byists, Inc. v. Meggs, upheld against a con- leagues to oppose the legislation. one legal treatise: ‘‘Agreements under which stitutional challenge on First Amendment

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.061 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2017 grounds the State of Florida’s specific legis- Ann.); Wisconsin (sec. 13.625(d), Wise. Stat- Transparency Act of 2006. It has been a lative ban on contingency fee contracts for utes Ann.). tough job, and it has been a pleasure to lobbying. The court there reaffirmed, albeit As noted, the weight of judicial opinion work with him on this important re- reluctantly, the long-recognized judicial has been either to uphold such restrictions precedents concerning the general public against challenges, or in some cases in the form legislation in the Rules Com- policy against such contingency fees for lob- absence of an express statute to judicially mittee. bying. The court noted that there was no di- find such contingency fee arrangements void Mr. Chairman, we are all well aware rect precedent overturning the older Su- for public policy reasons. In one instance in of the recent scandals that have preme Court cases directly on point on con- the 1980’s, however, a provision, enacted as a plagued the House of Representatives. tingency fees and lobbying, but did seem result of a state initiative, barring all con- The unscrupulous action of a few Mem- sympathetic and responsive to the plaintiff’s tingency fees for legislative lobbying activi- bers and staff has severely damaged arguments that more modern cases on the ties was struck down by a state court as an this hallowed body that we are privi- First Amendment and compensation for ad- overbroad intrusion into the right to peti- leged to serve in. What is even more vocacy might eventually warrant a different tion the government. The Supreme Court of outcome on this issue: Montana found the law ‘‘overbroad because disturbing is that some see this as an ‘‘Florida points out that in cases decided it precludes contingent fee agreements that opportunity for political gain. The re- well before the articulation of ‘exacting are properly motivated as well as those that cent scandals transcend political affili- scrutiny,’ the Supreme Court specifically are improperly motivated’’ and as such, the ation and ideology, and it is incumbent held that contracts to lobby for a legislative ‘‘ability of individuals and organizations to upon all Representatives to come to- result, with the fee contingent on a favorable fully exercise their right to petition the gov- gether and restore the integrity of the legislative outcome, were void ab initio as ernment may be severely curtailed by this against public policy . . . [citations omit- House. This is not the time for catchy broad prohibition.’’ phrases and rhetoric. Rather, it is the ted]. The League does not contest the appli- While the existing state of the law is clear- cability of these older decisions to this case. ly for most States to continue to expressly time for each of us to step up and ad- And, we are persuaded that these decisions prohibit by law contingency fee agreements here to the duties as a Member of Con- permit a legislature to prohibit contingent with respect to legislative lobbying on gen- gress. compensation. The League, however, sug- eral legislation, and to have those prohibi- I am especially pleased that this leg- gested at argument that the extensive, in- tions upheld (or to consider such contin- islation includes language that I spon- terim developments of First Amendment law gency agreements void for public policy rea- sored in the Rules Committee to established conclusively that the Supreme sons where there is no express law, as is the Court today would strike a contingent-fee strengthen and improve ethics training case with respect to lobbying before Con- for staff and Members of Congress. This ban on lobbying. gress), other interpretations have permitted ‘‘This prediction may be accurate, but we such arrangements where an agent, attorney section would require all staff to at- are not at liberty to disregard binding case or representative is seeking legislation based tend an ethics training course or face law that is so closely on point and has been upon a claim or similar legal interest or severe penalty. It also requires that only weakened, rather than directly over- right to be asserted against the government, the Committee on Standards of Official ruled, by the Supreme Court.’’ As to State statutory bans on contingency or when such action involves conduct and ac- Conduct will set up a similar program fees for lobbying, it should be noted that as tivity that is done in the normal course of for Members and strongly encourages of this writing most of the States (39) have client representation by an attorney and is them to participate. I certainly plan existing in their state codes an express pro- not expressly contemplated by the original to. hibition against such contingency fees for contract. There have also been cases where legiti- I realize that this may seem harsh to lobbying activities. See, for example, Ala- some, but my staff, who I require to bama (§ 36–25–23(c), Michie’s Ala. Code); Alas- mate professional services are contracted for, such as, for example, the drafting of leg- have ethics training, now have bene- ka (sec. 24.45.121 (a)(6), Alaska Statutes); Ari- fited greatly from these training ses- zona (sec. 41–1233(1), Arizona Rev. Statutes); islative language, as opposed to merely en- California (Government Code, § 86205(f), An- gaging another’s ‘‘influence’’ to ‘‘lobby,’’ sions, and I firmly believe that all staff notated Calif. Codes); Colorado (sec. 24–6–308, when such an arrangement for services, even should share in this experience. This Colorado Rev. Statutes); Connecticut (§ 1– if based on the contingency of the passage of measure ensures that all staff will re- 97(b), Conn. Gen. Statutes Ann.); Florida legislation, has been permitted. Such cases ceive this training. (§ 11.047 [legislature]; § 112.3217 [executive have been described as related to contracts This legislation also instructs the where the ‘‘services rendered thereunder did branch], Florida Statutes Ann.); Georgia Standards Committee to report to the (sec. 28–7–3, Official Code of Georgia Ann.); not partake of anything in the nature of lob- bying....’’ Although relating to legislation, Rules Committee by no later than De- Hawaii (sec. 97–5, Hawaii Rev. Statutes cember 15 on the adequacy of the rules. Ann.); Idaho (sec. 67–6621(b)(6), Idaho Code); the services in question were not necessarily Illinois (S.H.A. 25 ILCS 170/8); Indiana (sec. 2– within a specific or narrow definition of The legislation is good progress. Thank 7–5–5, Burns Ind. Statutes Ann.); Kansas (sec. ‘‘lobbying’’ in the sense that nothing that you for granting me the time, and 46–267, Kansas Statutes Ann.); Kentucky was contracted for involved any activities thank you for your leadership on this (sec. 6.811(9), Kentucky Rev. Statutes); attempting to ‘‘exert private or personal in- issue. Maine (Title 3, § 318, Maine Rev. Statutes fluence with members of the legislature, or Ms. SLAUGHTER. Mr. Chairman, I Ann.); Maryland (State Government, § 15–706, in interviewing or bringing pressure to bear yield 1 minute to the gentleman from on them....’’ In making arguments for allow- Michie’s Ann. Code of Md.); Massachusetts Washington (Mr. BAIRD). (Ch. 3, § 42, Mass. Gen. Laws Ann.); Michigan ing such contingent fees in cases of profes- sional services rendered in relation to legis- Mr. BAIRD. Mr. Chairman, all the (sec. 4.421(1) Mich. Compiled Laws Ann.); American people really need to know Minnesota (sec. 10A.06, Minn. Statutes Ann.); lation where no undue influences are con- Mississippi (sec. 5–8–13(1), West’s Ann. Miss. templated or used, and no traditional ‘‘lob- about this lobbying bill is that our Code); Nebraska (sec. 49–1492(1), Revised bying’’ is conducted, it has been suggested friends on the Republican side of the Statutes of Neb.); Nevada (sec. 218.942(4), that such permissibility of the fee arrange- aisle want to clean up Congress the Nev. Revised Statutes Ann.); New Mexico ment would have no more ‘‘influencing’’ way teenagers want to clean up their (sec. 2–11–8, New Mexico Statutes); New York tendency than in the permissible instance of bedrooms. Instead of socks and one representing oneself before the legisla- (Book 31, Legislative Law, § 1–k, McKinney’s sweatshirts and whatnot strewn about Consolidated Laws of N.Y. Ann.); North ture (and thus having an even greater finan- cial stake than an agent in the outcome), or the floor, we have lobbyists’ money and Carolina (sec. 120–47.5(1), Gen. Statutes of special gifts and favors. And instead of N.C.); North Dakota (54–05.1–06, N.D. Century if an agent or attorney represented a client Code Ann.); Ohio (sec. 101–77, Page’s Ohio before a judicial panel, i.e., a court. really taking it out and putting it out Rev. Code Ann.); Oklahoma (Title 21, § 334, JACK MASKELL, of the body of this Congress, what they Oklahoma Statutes Ann.); Oregon (sec. Legislative Attorney. want to do is sweep it under of the bed, 171.756(3), Oregon Rev. Statutes); Pennsyl- Mr. DREIER. Mr. Chairman, I am so when the public’s attention is not vania (65 Pa. Cons. Statutes Ann. § 1307(a)); very happy to yield 11⁄2 minutes to my looking, we can just call it right back Rhode Island (sec. 22–10–12, Gen. Laws of very good friend from Charleston, West out. This is a sham bill. It is not a real R.I.); South Carolina (§ 2–17–110(A), Code of Virginia, a hardworking member of the reform. Laws of S.C.); South Dakota (sec. 2–12–6, S.D. Rules Committee (Mrs. CAPITO). Let me point out two things that Codified Laws); Texas (Government Code, Mrs. CAPITO. Mr. Chairman, I would they did not address. This reform bill 305.022, Vernon’s Texas Codes Ann.); Utah (sec. 36–11–301 (Utah Code Ann.); Vermont like to thank the chairman of the does nothing to give Members of Con- (Title 2, 266(1), Vt. Statutes Ann.); Virginia Rules Committee, Mr. DREIER, for his gress more time to read legislation. We (§ 2.1–791, Code of Va.); Washington hard work and leadership in drafting offered an amendment that would have (§ 42.17.230(f), West’s Rev. Code of Wash. the Lobbying Accountability and allowed 72 hours for Members and the

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.036 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2018 CONGRESSIONAL RECORD — HOUSE May 3, 2006 public to read legislation. It was not accountable to anyone. Real lobbying I submit: not a soul. Certainly not even allowed to be brought up for de- reform must end the practice of cor- the American people and certainly not bate. This amendment does not do any- porate lobbyists writing our laws. The editorial writers who have examined thing to ban insider trading by Mem- so-called Lobbying Accountability and this legislation. bers of Congress or lobbyists. It is not Transparency Act is neither account- The San Antonio New Express called illegal currently for Members of Con- able nor transparent. It does nothing the Republican bill ‘‘a disgraceful gress to share information with lobby- to address the problems in the current sham.’’ ists who then share it with investors lobbying system. This bill is not going The Milwaukee Journal Sentinel who can make a fortune on this. It is to fool the public. calls it ‘‘miserable.’’ illegal in the private sector, but the Ms. SLAUGHTER. Mr. Chairman, I The Philadelphia Inquirer says, ‘‘The leadership on the Republican side re- yield 2 minutes to the gentleman from House is just playing pretend.’’ The New York Times calls it ‘‘an Or- fused to make it illegal for Members of Texas (Mr. DOGGETT). wellian shell of righteous platitudes this Congress. We are cleaning up Con- Mr. DOGGETT. Mr. Chairman, cor- ruption is rampant in Washington, and about transparency and integrity.’’ gress the way teenagers clean up their And public interest groups have de- bedroom, and the result will be the we are now in the fifth month of this congressional session. About the only rided this Republican bill as a ‘‘com- same mess we started with. plete joke,’’ ‘‘a total scam,’’ and Mr. DREIER. Mr. Chairman, may I action these Republicans have taken is to enact a harsh punishment. Yes, they ‘‘phony.’’ ask of the Chair how much time is re- Let no one here be mistaken: this bill have enacted a punishment on all of maining on each side. is not driven by a desire to address the the fat cats. They have said that law- The Acting CHAIRMAN (Mr. PRICE of most serious lobbying and ethics scan- makers-turned-lobbyists can no longer Georgia). The gentleman from Cali- dal this body has experienced in a gen- use the House gym. Apparently, the fornia has 13 minutes remaining, and eration. I have said before, and I re- thinking here is that fat cats will no the gentlewoman from New York has 19 peat: the failure of ethics and honesty minutes remaining. longer be entitled to skinny lobbyists. Where the real sweating has actually have been of conduct, not of rules. But Ms. SLAUGHTER. Mr. Chairman, I rules can both inform of expectations taken place in these five months, yield 2 minutes to the gentleman from and propriety. where the real heavy lifting has oc- Massachusetts (Mr. MEEHAN). The greed and flagrant abuses of con- curred, is by Republicans who have Mr. MEEHAN. Mr. Chairman, I rise victed felons, former Republican Mem- been in a continual workout to create in opposition to the so-called Lobbying ber Duke Cunningham and Republican the impression they were doing some- Accountability and Transparency Act. lobbyist Jack Abramoff, hang over this thing while actually changing nothing A poll released just last week found House like a dark cloud. about the way this House operates. It that the Congress had a dismal ap- The K Street Project, proudly pro- was as if the idea was to have a press proval rating of just 22 percent. That is moted by Mr. DELAY and Senator conference and give a few speeches and an unprecedented 10 percent drop from SANTORUM and the Republican leader- not expect anything to happen because the last poll. With this closed rule and ship, in which quid pro quo was the bla- that press conference announcing their this bill, we can see why the American tantly articulated standard of conduct, legislation was the high-water mark. is the most flagrant example of the people have lost faith in their elected After that, as to each provision of the representatives. This is not real re- aptly named ‘‘culture of corruption.’’ bill it was the weak getting weaker at This empty shell of a bill is driven by form; it is a sham. every stage of this process. Congressman SHAYS and I tried to one thing: the majority’s cynical cal- How do you measure the cost of cor- culation that it will not pay a price offer a package of amendments to ruption to the American people that is bring transparency and credibility with voters this November for failing occurring here? The cost is reflected in to take meaningful steps to end this back to the ethics process. Our amend- the experience that our seniors (and ments would have created an office of culture of corruption. those who are helping them) are having The chairman of the Rules Com- public integrity, increased grassroots right now with the prescription drug mittee was quoted as saying that the lobbying disclosure, increased general bill written for pharmaceutical manu- adoption of the reform package ‘‘would lobbying disclosure, required Members facturers instead of the people that get this,’’ meaning the repeated in- of Congress to pay charter costs for needed the help. The cost is reflected in stances of rules violations and criminal planes made available by corporations, the no-bid contracts, whether in Iraq conduct, ‘‘behind us.’’ and limited gifts. or in response to Hurricane Katrina, The adoption of this bill or any bill b 1345 and the price that the jobless, the will not do that. Only honest, ethical, homeless, and the hopeless are paying I have also worked with Mr. EMANUEL principled behavior over a period of for the corruption of this Administra- on two more amendments to strength- time will do that. But a strong reform tion. The cost of a failed energy policy en this bill. Both were denied. package would have been a start. is reflected in the price we pay at the Instead of allowing an open debate on Sadly, that has not been an option be- pump every time we fill up. That is the our proposals, the leadership proposed fore us today. cost of corruption. It does not diminish our moral re- and decided that it would be business The bill before us today is not de- sponsibility, however, to demand and as usual. signed to curb the cost of corruption, ensure ethical and honest behavior by What do I mean by ‘‘business as just to deflect criticism from Repub- all of us, not an endless political game usual’’? Well, I mean last year we voted licans for doing nothing about it. The of cross claims and allegations, but by an energy bill written by big oil com- culture of corruption will not end in an Ethics Committee that does not panies loaded with $12 billion in tax this city and in this country with one shun its responsibilities and sit mori- breaks for the oil and gas industry. Member’s conviction or resignation, bund in the face of scandal after scan- What was the result? Consumers are and it certainly will not end when the dal. The people expect more of us. We suffering with high gas prices at the Republican leadership is here today should give it to them. pump today, over $3 a gallon for gaso- simply resigned to business as usual. It may be fitting that this do-less-than-the- line. Ms. SLAUGHTER. Mr. Chairman, I do-nothing Congress of 1948 Republican Con- Recently, lobbyists for the pharma- yield 3 minutes to the gentleman from gress is forcing Members to vote on this do- ceutical industry wrote a prescription Maryland (Mr. HOYER), the minority almost-nothing bill. drug bill that increased their profits whip. The American people see right through this and did nothing to help seniors. The re- (Mr. HOYER asked and was given ruse. sult: seniors are stuck with a confusing permission to revise and extend his re- And they deserve better. prescription drug plan that does little marks.) Lobbyists must be required to act honestly to help them with their costs. Mr. HOYER. Mr. Chairman, who do and ethically. But, it is Members who have Today, the Republican leadership has our Republican friends believe they are sworn an oath before God and our fellow citi- chosen to continue to be an outlet for fooling today with this so-called lob- zens to uphold the laws and protect the Con- moneyed special interests that are not bying ‘‘reform’’ bill? stitution.

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.062 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2019 It is Members who bear the direct responsi- whom support the bill that is on the lion in taxpayer subsidies to Exxon and bility for the honest administration of the peo- floor today. Mobil. There is $139 million in con- ple’s business. This Congress is not meeting We said then it would take bipartisan tributions and lobbying expenses by that responsibility. cooperation to get real reform. This the pharmaceutical industry and $140 It is clear, Mr. Speaker, that the Republican legislation has chosen politics above billion in additional profits by the leadership does not want a real debate on progress, business as usual, rather than pharmaceutical company. It is as plain these issues. breaking the gridlock of the special in- as black and white. Democrats offered a much stronger alter- terests. What has happened here in Wash- native, but the majority refused to allow it to Today, we are considering the incred- ington is as clear as night and day. You be considered. ible shrinking bill. With each passing can either see it for what it is or accept So much for openness, transparency and day, it has become weaker and smaller. it. This legislation does nothing to re- democracy. If we were going to vote on it tomor- form or change the business and the I urge my colleagues: Vote against this Re- row, it probably would be a blank page. politics that is conducted here and the publican ruse. The Washington Post calls it a ‘‘wa- vicious circle between K Street and the Mr. DREIER. Mr. Chairman, I yield tered down sham,’’ ‘‘simply a joke,’’ administration and what happens here myself 30 seconds to respond. ‘‘diluted snake oil,’’ and ‘‘an insult to in the people’s House. My friend said, if we have a small voters who the GOP apparently be- This legislation was supposed to bill. We don’t have a small bill. This is lieves are dumb enough to be break that gridlock of that triangle. a very, very strong package that we snookered by this feint.’’ Instead, it reinforces and allows busi- have come forward with. The New York Times called it a ness as usual; and it allows the House He has talked about outside organi- ‘‘laughingstock’’ and ‘‘an election year that Tom and Jack and Duke built to zations that have criticized this. I am con.’’ continue. very happy that three of the rec- Republican Congressman HEFLEY, the You came here as revolutionaries. ommendations that outside organiza- former chairman of the Ethics Com- Rather than change Washington, Wash- tions have provided to us are included mittee representing the Republican ington has changed you and all your in this. We have included input from a Caucus, said, ‘‘In terms of ethic process principles. As Washington always says, wide range of entities. reform, I don’t think we have much of you are firm in your opinion, it is your This is a package that does double that here. And I think actually we are principles you are flexible on. the disclosure rate for lobbyists when missing an opportunity here.’’ This time you have missed a historic it comes to their activities that relate Of the restrictive rule, he said, ‘‘The opportunity to change Washington. to this institution. We have very bottom line for me is why can we not What we have seen is the dominance of strong reforms. have debate and vote on these issues the special interests on the people’s Mr. Chairman, I yield 11⁄2 minutes to and a number of others? I believe we House. This election is about making the gentleman from Mesa, Arizona (Mr. need to defeat the rule and then do sure that gavel returns to the Amer- FLAKE). what my majority leader and the chair- ican people and it does not open up this Mr. FLAKE. Mr. Chairman, I com- man have said: work on a bipartisan auction House but returns to the peo- mend the leadership for bringing this basis on a new bill, on new rules that ple’s House. bill forward. We can beat up on lobby- will allow some debate.’’ ANNOUNCEMENT BY THE ACTING CHAIRMAN ists all day long. It is an easy thing to He is upset because this bill does not The Acting CHAIRMAN (Mr. PRICE of do. There has been a lot of it going on; offer an independent Office of Public Georgia). The Chair admonishes all and, in the end, it is neither here nor Integrity. It does not ban gifts from Members to direct their remarks to the there, in my view. lobbyists. It does not ban lavish jun- Chair and not to another in the second What is important is what we do to kets. It does not close the revolving person. reform this institution and our own be- door that allows Members of Congress havior. Part of our behavior that needs and the administration to go to K b 1400 reforming is earmarks. Over the past 10 Street and become lobbyists. In fact, Mr. DREIER. Mr. Chairman, that is years, we have seen earmarks explode there are more former Members who exactly what I was going to say, what from some 2,000 in all appropriations are lobbyists today in K Street than the Chair just said. I am sure that my bills to more than 15,000 today. That is there are in either caucus; 270 former colleague from Chicago, my very good simply, simply unacceptable. Members now lobby the institution. friend, was not in any way impugning What this legislation does is put a There is no disclosure of lobbyist con- the integrity or motives of any of his Member’s name next to every earmark tacts with members of the administra- colleagues in this institution. and ensures that anyone in the House tion or disclosure of grass roots lob- And I should say that the legislation can challenge that earmark at any bying. itself very specifically says that no point in the process. That is real re- Mr. Chairman, we have an institu- Member may have any decision that is form because what we need is account- tional problem; and it requires an in- impacted that influences an outside ability and transparency. This bill goes stitutional solution. Whether it is hiring decision that another Member a long way toward doing that. record gas prices, sky-high medical raises, and so that is raised in this. Could it go further in certain areas? costs, out-of-reach tuition, the Amer- Mr. Chairman, I yield 11⁄2 minutes to Sure it could. We will see some of those ican people are paying a price for the my very good friend, a great reformer, in the amendment process. But it is a House that Jack and Duke and Tom the gentleman from Phoenix (Mr. start, and it is something positive, and built; and they cannot afford much SHADEGG). we ought to take it in particular re- more. Mr. SHADEGG. Mr. Chairman, I rise gard to earmark reform. When you guys came to Washington in strong support of this bill and com- Again, I commend the leadership for in 1994, you said you were going to mend the chairman for his hard work bringing it forward and plan to vote for change Washington; and Washington on it. it. I urge all Members to do so as well. has changed you. It has become clear Witness after witness on the other Ms. SLAUGHTER. Mr. Chairman, I in the last 12 years, rather than have a side has stood up and said, well, this is yield 3 minutes to the gentleman from contract with America, you have a con- wrong with it, and that is wrong with Illinois (Mr. EMANUEL). tract with K Street. it, and this is wrong with it. I want to Mr. EMANUEL. Mr. Chairman, last When the gavel for the Speaker make the point that, in the course of May, nearly a year ago, my colleagues comes down, it is intended to open the this debate, while we have been here on Mr. MEEHAN, Senator FEINGOLD and I people’s House, not the auction house. the floor, the press has broken a story introduced the first lobbying reform When you look at the prescription drug that a businessman just pled guilty to legislation in the Congress. It has the legislation, you look at the energy leg- paying a $400,000 bribe to a Member of support of Public Citizen, Common islation, you look at what they con- this institution. Cause, and non-partisan scholars like tributed, you see the results: $86 mil- Now, I am not going to mention that Norm Ornstein and Tom Mann, none of lion for lobbying by Big Oil and $15 bil- Member’s name. I don’t think we need

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.023 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2020 CONGRESSIONAL RECORD — HOUSE May 3, 2006 to sink to that level. But it does yet, the ‘‘Hiss Act’’ was, if applied retroactively ployee’s contributions to the retirement sys- once again, in the midst of this debate, to deny Alger Hiss his pension, punitive in tem ‘‘represent valuable rights which were illustrate the need for this bill. nature and not regulatory, and was therefore vested in him at the time . . .’’ and are Of course you can always stand on a prohibited ex post facto law adopted by therefore currently taxable income to the Congress after Hiss had engaged in the sub- employee: ‘‘Present vesting of a right, even the outside and criticize the efforts of ject conduct: if its enjoyment is postponed to the hap- those who are in the arena doing the The question before us is not whether Hiss pening of a future event, is an important as- job. But this bill does take steps for- or Strasburger are good or bad men, nor is it pect of gross income for income tax pur- ward. whether we would grant them annuities if we poses.’’ As to the employee contributions to My colleague on the other side just had unfettered discretion in the matter. The and earnings in one’s Thrift Savings Plan, said it does nothing to change the poli- question is simply whether the Constitution the legislative history of the provisions es- cies that govern this institution. That permits Congress to deprive them of their tablishing the Federal Employee Retirement annuities by retroactive penal legislation. System (FERS) indicates that Congress in- is simply flat wrong. This bill, for ex- We conclude that it does not. We hold that tended for such an account and its earnings ample, enacts dramatic new earmark as applied retroactively to the plaintiffs the to be a current vested property interest of reform which has not existed prior to challenged statute is penal, cannot be sus- the employee, which is not merely a prom- now, which will shine sunshine on ear- tained as regulation, and is invalid as an ex ised future benefit, but rather ‘‘is an em- marks so that if a Member tries to post facto law prohibited by the Constitu- ployee savings plan’’ where the ‘‘employee steer an earmark to their personal ben- tion. owns the money’’ which is merely being held Legislation which is prospective only, such ‘‘in trust for the employee and managed and efit, or any earmark, it can be seen. as the provisions of the current proposed invested on the employee’s behalf ....’’ The I would have wished we would move pension changes in H.R. 4975, 109th Congress, United States Court of Appeals for the Fed- quicker on this, and indeed, perhaps do not appear to offend the constitutional eral Circuit has explained that where there there are some things we could have clause relating to ex post facto laws. The is more than the mere expectation in future done sooner. But it takes time to build provisions of H.R. 4975 would apply the fur- benefits, and where the employee’s rights a coalition. This bill ends the situation ther penalty of loss of creditable service for have already vested in certain amounts, then right now where a Member convicted of one’s federal annuities to those who are con- the retiree has a ‘‘protected property inter- est’’ in such amounts already vested. bribery may collect his pension funded victed of particular federal offenses (such as bribery, acting as an agent of a foreign prin- There may thus be different legal and con- by the American taxpayers after his cipal, and conspiracy to commit such of- stitutional considerations concerning the de- conviction. If that doesn’t create a dif- fenses) only after, that is, subsequent to, the nial of future annuity payments to federal ferent incentive in this institution, I enactment of the proposed legislation. It is employees, as opposed to the forfeiture of don’t know what it does. not a violation of the ex post facto clause to one’s own contributions to the retirement I would reiterate the chairman’s increase by legislation the penalties of system or to the Thrift Savings Plan. This is not to say, of course, that the Government marks. You cannot oppose this legisla- criminal offenses committed after the enact- ment of that legislation. may not by law provide for the loss or abdi- tion, vote against it and say you are cation of one’s own ‘‘property’’ through fine, voting for reform, because what you As to any future annuity payments af- fected, even those ‘‘earned’’ or expected prior forfeiture or other such transfer of that are doing is leaving in place the cur- to the commission of the particular crime in money or property, but rather that legisla- rent rules which do not go far enough. question, judicial precedents have provided a tion which would change the current law to I include in the RECORD a letter from clear indication that future annuity pay- require loss or forfeiture of vested ‘‘prop- erty’’ must meet certain constitutional cri- the Congressional Research Service ments to be provided by the Government for teria. referencing the loss of Federal pension its officers, employees, veterans or others, do annuity payments for conviction of not create a current property right or inter- Ms. SLAUGHTER. Mr. Chairman, I 1 certain crimes and contract issues. est in such future payments, but rather cre- yield 2 ⁄2 minutes to the gentleman CONGRESSIONAL RESEARCH SERVICE, ate a mere ‘‘expectancy’’ or ‘‘government from Maryland (Mr. VAN HOLLEN). Washington, DC, April 27, 2006. fostered expectation’’ which may be modi- Mr. VAN HOLLEN. Mr. Chairman, I fied, revoked or suspended by the authority thank my colleague, Ms. SLAUGHTER, MEMORANDUM granting it through subsequent legislation. for exposing this bill for the sham it is. To: Honorable John B. Shadegg That is, as specifically found by federal It is an insult to voters around this From: Jack Maskell, Legislative Attorney, courts, ‘‘even where . . . there has been com- American Law Division. country, an attempt to create a percep- pulsory contribution to a retirement or pen- tion that we are making changes when, Subject: Loss of Federal Pension Annuity sion fund the employee has no vested right Payments for Conviction of Certain in it until the particular event happens upon in fact, we are not. And not only is the Crimes and Contract Issues. which the money or part of it is to be paid,’’ bill snake oil, but the process by which This memorandum is submitted in re- and thus a ‘‘pension granted by the Govern- this bill is passed is snake oil. sponse to your request for a brief legal anal- ment confers no right which cannot be re- The previous speaker talked about ysis of the permissibility of changing, by leg- vised, modified or recalled by subsequent those who are trying to criticize the islation, the annuity formula and avail- legislation.’’ There would appear to be no process from the outside. Well, let me ability of annuity payments under the fed- violation or abrogation of any specific ‘‘con- just tell you a little story. When this eral retirement system for federal officers tract’’ by increasing the penalties for the bill was before the Judiciary Com- and employees, including Members of Con- violations of certain specific crimes to in- mittee, I offered an amendment. It was gress, if those employees, officers or Mem- clude forfeiture or partial forfeiture of an- a simple amendment to require reg- bers commit certain federal crimes in the fu- ticipated federal annuity payments, even ture. those future benefits which had accrued (or istered lobbyists to disclose contribu- Constitutional considerations concerning for which credit had been ‘‘earned’’) prior to tions they solicit and transfer to Mem- the ex post facto clause of the United States the commission of the crime. It should be bers of Congress in the course of doing Constitution counsel against an attempt to noted that the current provisions of the so- their business. It was an attempt to retroactively deprive former or current offi- called ‘‘Hiss Act,’’ originally adopted in 1954, shine a light on the pay-to-play culture cers, employees, or Members of Congress operate in the manner questioned, that is, a that we have seen in Washington. That their federal pensions, that is, based on a federal officer’s or employee’s annuity pay- amendment passed this Judiciary Com- conviction of law for conduct that occurred ments, even those that were ‘‘credited’’ to mittee on a bipartisan vote of 28–4. before the current legislative changes pro- him or her or ‘‘earned’’ over the course of The Washington Post then wrote an posed to the pension laws are enacted. A pro- many years with the federal government, hibited ex post facto law is one which makes may be forfeited upon the subsequent convic- editorial about it, and I would like to criminal an action which when engaged in tion of one of the particular national secu- cite from that editorial because what was innocent under the law or, as explained rity-related crimes designated in the Hiss the editorial said very clearly was this by the Supreme Court in 1798: ‘‘Every law Act. was a provision that exposed, more that changes the punishment, and inflicts a While there exists no current property in- than any other provision, the way greater punishment, than the law annexed to terest or vested right in future benefits and Washington does business. And they the crime, when committed. Chief Justice payments under the federal retirement sys- said in very prescient manner, we are Marshall explained simply and clearly that tem, there are substantial arguments and in- afraid to shine the light on this issue an ex post facto law ‘‘is one which renders an dications that there does exist a current, act punishable in a manner in which it was vested property interest of federal employees for fear that it will be shot down all not punishable when it was committed.’’ Re- in the contributions that the employees or the more quickly. But, in fact, no other garding specifically the pensions of federal officers themselves make to the retirement disclosure requirement would be more officers and employees, a lower federal court system. In a tax related case, a United useful in explaining the way Wash- in the celebrated Alger Hiss case found that States Court of Appeals found that an em- ington does business than this one.

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.070 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2021 Well, what happened? A funny thing The American people demand honesty and in large part because of the lobbying scandal happened on the way to the Rules Com- integrity in their government—as they should. associated with former lobbyist Jack Abramoff mittee from the Judiciary Committee. Cosmetic changes will not suffice. Bold, and the information revealed about his ties to When people voted ‘‘yes’’ in the day- sweeping reforms must be enacted. tribal casinos. The corruption which has been light, it was taken out in the middle of Sadly, the bill before us today fails to meet associated with the explosion of tribal gam- the night, and then the Rules Com- that test, and I cannot support it. bling and political contribution is an issue I’ve mittee denied us an opportunity to I was encouraged when we began this proc- been concerned about for nearly 10 years and vote on that very provision here on the ess in early January and members were urged one I have raised on this House floor numer- floor of the House, a sham process for by the House leadership to provide ideas and ous times. a sham bill. suggestions on changes in lobby and gift These revelations have focused renewed at- Now, this is a lot more than just rules. I sent a three-page letter with several tention on the need for Congress to thoroughly about golf trips for Members of Con- recommendations which I believe should be a review the Indian Gaming Regulatory Act of gress paid for by lobbyists. The funda- part of this debate. Several committees were 1988. We should have a provision in this bill mental issue for the American people is then given the opportunity to come up with re- to close the tribal contribution loophole that al- what it is costing them every day be- forms under their jurisdiction. lows funneling of millions of dollars into cam- cause we don’t have better rules to But tinkering around the edges is not real paign coffers. shine the light on lobbyists. reform. I believe this bill fails to fully acknowl- How can we even begin to call this the Lob- And we should look at the current edge that the current system is broken, and it bying Accountability and Transparency Act gas prices right now. This institution fails to offer genuine reform. without addressing the issues that initially and the President has signed now two It pains me to say that we have reached the fueled this debate? bills in the last several years on en- point where the ethics process in Congress Then we come to the issue of so-called ear- ergy. Both were said to be a big provi- has become paralyzed and unworkable. Bipar- mark reform. True reform and transparency in sion to reduce the price of gas. Well, we tisanship and comity which used to be the all know what a sham those bills were. the process of identifying how taxpayer dollars norm have been replaced with partisanship What one of those bills did was create are being spent must be comprehensive re- billions of dollars of subsidies to the oil and animosity. Rules with no enforcement are form. The spotlight has to shine on every com- and gas industry at a time that indus- useless. mittee—appropriating and authorizing includ- try has experienced record profits and We had the opportunity through this legisla- ing the tax writing committee. Lobbyists don’t people are seeing high prices at the tion to establish an independent, non-partisan limit their work to appropriations issues. They pump. Office of Public Integrity to provide credibility lobby year round advocating for a myriad of We heard the other day this Band-Aid in the ethics process and ensure fairness for issues across the committees of Congress— proposal from the Republican Senate, every member on both sides of the aisle. But tax credits, defense programs, transportation $100 rebate. What the American people this bill has no provision to create that office. projects. The narrow focus on only the appro- are looking for is not chump change. While this legislation offers some increased priations process in the bill as written is not They are looking for real change in the lobbying disclosure reporting requirements and real reform. Real earmark reform must include process in Washington so that we can penalties for noncompliance, it doesn’t go far projects in authorization bills like the ‘‘Bridge change this country and take it in the enough. to Nowhere.’’ right direction. With regard to the revolving door between We had an opportunity today to make true, Mr. DREIER. Mr. Chairman, for a congressional service and lobbying Congress, fundamental, substantive reforms in the way unanimous consent request, I yield to current law is a one-year cooling off period, business is done in Washington and restore my good friend from Vienna, Virginia, and as I read it, this bill keeps the status quo, the confidence of the American people in this my classmate (Mr. WOLF). opening the door after a one-year ban—albeit institution. This legislation before us and the (Mr. WOLF asked and was given per- with some added notification and disclosure few amendments allowed under the rule fail mission to revise and extend his re- requirements. To show real reform, we should this institution and the American people. More marks.) be debating keeping the door closed for a amendments should have been allowed from Mr. WOLF. Mr. Chairman, I rise in opposi- much longer period of time, similar to the Sen- members of both parties. tion to H.R. 4975 because I do not believe it ate bill which I understand is a two-year ban. In a 1799 letter to Patrick Henry, George is truly reform. And it’s not just Congress where the revolv- Washington said, ‘‘The views of Men can only I had looked forward to the day on the floor ing door should be shut longer. I believe the be known, or guessed at, by their words or ac- when the House by its actions could dem- executive branch needs scrutiny. tions.’’ Would our Founding Fathers think our onstrate to the American people that we take My amendment was made in order to re- actions today are the best we can do to re- seriously the call for bold reforms in the wake strict former ambassadors and CIA station store integrity to this institution? of recent lobbying and ethics scandals. chiefs from lobbying on behalf of the foreign I think they would say we can and we must In reviewing H.R. 4975, the Lobbying Ac- nations where they have been stationed. Cur- do better. countability and Transparency Act, I am dis- rently, an ambassador can leave the service Mr. DREIER. Mr. Chairman, I yield 1 appointed to say that today is not that day. of the United States one day and be hired the minute to the very hardworking chair- Last week I read in The Washington Post very next day as an agent of foreign nation man of the Committee on Administra- that some members are saying people don’t where they had served. These officials see tion, our friend from Grand Rapids, care about lobby reform. Well, I care and I be- Michigan (Mr. EHLERS). lieve the American people care, too. A Wash- every decision the United States makes in re- Mr. EHLERS. Mr. Chairman, I am ington Post-ABC News poll last month showed lation to that country. They have access to in- that 63 percent of Americans called ‘‘corrup- telligence, policy documents and other con- very pleased to rise and defend the bill tion in Washington’’ important to them. fidential information. that is before us. Having worked in Washington for over three But under today’s rules, the day they leave I am astounded at some of the debate decades, I understand that lobbying is a part they have every legal right to use that same I have heard here, including rising gas of everyday life in the nation’s capital. Every information on behalf of a foreign nation. prices, which has nothing to do with day, good people walk the halls of Congress Being an ambassador or CIA station chief is a this bill. making the case for their constituency, advo- high honor. That person becomes the face of We hear a lot about a culture of cor- cating on any number of issues and causes our nation in the country where they are serv- ruption. That is utter nonsense. I am with great passion and insight from cancer re- ing. We must safeguard the integrity of these proud of my colleagues in this body, by search to education reform to human rights positions. and large, very hardworking, good peo- awareness to environmental protection. Yet how can we debate subjecting certain ple trying to do the people’s business Yet something has gone terribly wrong with executive branch officials to a five-year revolv- honestly and well. the general culture of Washington. Standards ing door statute when this bill fails to extend The point is, we have to put in place of conduct have shifted. What is acceptable the cooling off period for members leaving some restrictions, some rules to deal today would not have been tolerated 20 years Congress or even allow debate on this mat- with those few who stray and do some- ago. ter? Therefore, I am withdrawing my amend- thing that shouldn’t be done. That is We must break the cycle of ‘‘Washington ment. what this bill is about. It is fair. It is business as usual’’ which has impugned the We also are supposedly here today consid- reasonable. It will provide penalties for honor and integrity of this institution. ering legislation to tighten lobbying regulations those who violate the rules of the

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We the proposals I introduced several a quasi-contractual manner: quids to be fol- want a bill that the Senate will look at months ago requiring lobbyists to lowed by quos, to be matched in subsequent and say, this is wonderful, let us pass itemize their reports so we know how election cycles for those who follow the rules. it, too. We have to accommodate the much money lobbyists spend on Mem- Simply put, large contributions imply principles of this body. We have to bers and their staff. You know, we do obligational contracts between a candidate work and put in place all of the compo- this in campaign finance, and the same and large donors. nents of this bill which have been care- openness should apply to these trans- In a cyclonic cycle, legislators are caught in fully worked out on both sides of the actions. And I thank the gentleman for dozens of swirls that buffet the fabric of bal- aisle, so that we will have a good bill, including that proposal in this pack- anced democratic judgment. Priorities become a fair bill. And I urge that we adopt age. impossible to set, thus making deficit financing this bill. But, you know, looking at lobbyists a virtual inevitability. The last point should be Ms. SLAUGHTER. Mr. Chairman, I and lobbying reforms is only part of stressed—federal deficits and the economic did have some speakers on the way, but the process. We have to look also at problems they create are not unrelated to at this moment, they are not on the the way we behave as well in this campaign financing abuses. Deficits begin with floor, so I will reserve. House. In particular, Congress must ad- choices on federal spending and taxation and Mr. DREIER. Mr. Chairman, I yield 1 dress earmarks. each begins in promises and obligations, and minute to the gentleman from Dallas Now, Mr. Chairman, it is my fervent all this begins in the way campaigns are run, (Mr. HENSARLING), a very hardworking hope that we would not simply stop in politics as usual—in commitments to large reformer of this institution. with earmark reform for appropriation donors. Mr. HENSARLING. Mr. Chairman, bills. As authorization bills and tax Lord Acton, the British statesman, immor- one cannot legislate morality, but one bills often include infamous and egre- talized his public service with the observation can legislate transparency. gious earmarks, we should seek to that power corrupts, with absolute power tend- But from listening to today’s debate, make these processes open and honest ing to corrupt absolutely. It strikes me that a it appears that Democrats are now as well. Again, I am not opposed to ear- fitting corollary to the Acton dictum is the no- against more transparency. Perhaps marks in general. I think that the leg- tion that even more corrupting than aspiring to the recent ethical woes of several high- islative branch has a role to play in power is the fear of losing it. This fear leads profile Democrats may help explain this area. It is not simply an area for to timidity, if not complacency, on reform why. My colleagues on the other side of the executive branch to play. But it is agendas. Today, for instance, we face one of the the aisle have now said no to tax relief an area where the transparency and most troubling scandals of modern times. It that created 5 million new jobs. They the light of day should shine on all ear- uniquely involves PACs, Members of Con- have said no to more domestic oil pro- marks. Transparency will then make gress, relatives of Members, lobbyists, insider- duction, to lower gas prices, and now sure that the good ones rise to the top controlled non-profit organizations, and K they are saying no to transparency for and actually will be passed and the Street interest groups acting surreptitiously lobbying activities. other ones which are not so good will I say yes to this legislation because obviously fall by the wayside. and in concert to advantage themselves at the it has transparency where we need it, If I may add one other comment, Mr. expense of the public. It is the story of raising and that is on earmarking, earmarking Chairman. As this legislation goes cash, disguising sources and buying influence. which includes examples like the through the process, I am a little bit The Jack Abramoff affair is a disgrace. But Bridge to Nowhere in Alaska, the $50 concerned about GSEs and govern- care must be taken to recognize that it may million for an indoor rainforest in ment-sponsored entities, and I would not be aberrational. There is a systemic ele- Iowa, and $1 million for the Rock and commend the gentleman to look as it ment to the problem and it involves the sul- Roll Hall of Fame, and the list goes on goes through the process as we revisit lying role of money in politics. A government and on. this in conference. of the people, by the people and for the peo- How Congress spends the people’s Mr. DREIER. Mr. Chairman, for a ple cannot be a government where influence money is where true reform is needed, unanimous consent request, I yield to is purchasable. The subordination of individual and no one spends more of the people’s our hardworking and very senior col- rights to indiscriminate moneyed influence is money than Democrats. league from Davenport, Iowa (Mr. the subordination of representative democracy Now, Mr. Chairman, I admit there LEACH). to institutional oligarchy. Kakistocracy is the are many good and useful earmarks. (Mr. LEACH asked and was given per- end result. We are not eradicating them today. We mission to revise and extend his re- To put recent events in context, the legend are simply reforming them. And I con- marks.) of the Ring of Gyges is instructive. In The Re- gratulate Chairman DREIER for his Mr. LEACH. Mr. Chairman, To be blunt, we public, Plato’s brother Glaucon tells the story work, and the gentleman from Arizona can do better than this. of a shepherd in Lydia who finds a magical (Mr. FLAKE) for his leadership on this Congress is missing the big picture. Ethics ring. After an earthquake revealed a cave, the issue. cannot be legislated, but the role of lobbyists story goes, Gyges discovered a gold ring on I urge passage. and their disproportionate, sometimes cor- an enthroned corpse inside and put the ring in Mr. DREIER. It appears again that rupting, power can. The issue is money in pol- his pocket. Later with his fellow shepherds, my friends on the other side don’t have itics and the need for campaign reform. Gyges noticed that when he turned the collet any remaining speakers. I know you There is nothing wrong with any of the pro- of the ring to the inside of his hand, he be- are waiting and want to reserve the posals being considered today except that came invisible. When he turned the ring the balance of your time. Absolutely, in a they do not do enough. Neither this, nor I sus- other way, he reappeared. Confident that the bipartisan sense of comity, we want pect any Democrat substitute, includes what ring was indeed magical, he contrived to be you to reserve the time. really matters. chosen as a messenger sent to the court. I yield 11⁄2 minutes to the gentleman What is too often lost in debates sur- Once there, he used his invisibility power to from New Jersey (Mr. GARRETT). rounding Congressional ethics is the notion of seduce the queen, kill the king and take the Mr. GARRETT of New Jersey. Mr. the public interest and concern for the public kingdom. Chairman, I rise today in support of good. Instead, in our discussions, especially Glaucon’s story suggests that when individ- this legislation, and I congratulate the off the Floor, a desire is frequently expressed uals are invisible—i.e., in a democracy out of gentleman from California for your to appeal to one or the other political party’s sight of their constituents—it is difficult to re- work. base. Interest groups make it clear that they sist enticement and act virtuously. The current It is critical that we scrutinize lob- expect to be attended to and rewarded for Congressional scandals suggest that some ac- bying activities to help restore the support provided. tors may have thought they had gotten hold of

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It is important to try So I come to you to tell you what it to end political action committees and go to a and make sure that we all understand is we want: disclosure of the lobbying system of small donations matched by federal what the rules of behavior are, the campaigns. We want stronger revolving funds. The public wants less expensive, less rules of procedure, so as to avoid prob- door provisions. We want fundamental conflicted, less divisive politics. Public service, lems ahead of time. changes to gift, travel, and employ- not political partisanship should be the goal. When my predecessor in this seat was ment relationships among Members of Finally, with regard to the Abramoff scandal, the chairman of the Ethics Committee, Congress, the lobbying firms, and the it should be noted that one of the principal lob- he instituted the Office of Advice and lobbyists. bying objectives of the gambling interests he Education; its goal was simply to make H.R. 4975, that is being handled so represented was to block the kind of anti-inter- sure that everyone knows what is hap- well by the gentlewoman from New net gambling legislation that Representative pening. This bill mandates that all York, in its current form is illusionary. GOODLATTE and I have been pushing for the staff will have training in what is con- There is not real lobbying and ethics past 8 years. Passing internet gambling en- sidered ethical behavior and will en- reform. forcement legislation is the unfinished busi- courage us to do the same thing so we So I urge my colleagues to reject this ness of a Congress in disrepute. It should, as know what is taking place. weak and ineffective legislation. I suggested to the Rules Committee, be part I am grateful that the chairman, Mr. Mr. DREIER. Mr. Chairman, I reserve of this bill, as should the campaign reform DREIER of California, has had an open the balance of my time. amendment I requested be considered. But as process, has invited everyone to par- Ms. SLAUGHTER. Mr. Chairman, I chagrined as I am that the legislation before ticipate in here, because what we are yield myself the balance of my time. dealing with are simply the guidelines us doesn’t do more, I am obligated to register Mr. Chairman, there is no good rea- established for those who are the good appreciation for the commitment of leadership son for anybody to vote for this bill. As guys in this body, which is by far the to bring forth a serious bill on the internet we said, practically every major news- majority of those on this side as well gambling issue by the first week of June. paper and every good-government Ms. SLAUGHTER. Mr. Chairman, I as the other side of the aisle. group has discredited it. Ms. SLAUGHTER. Mr. Speaker, I continue to reserve the balance of my And let me tell you what it does not yield 3 minutes to the gentleman from time. do: Mr. DREIER. Mr. Chairman, I yield 2 Michigan (Mr. CONYERS), the ranking It does nothing to prevent the abuses minutes to our hardworking friend member on Judiciary. that regularly occur with conference (Mr. CONYERS asked and was given from Utah (Mr. BISHOP), a member on reports, including the addition of se- permission to revise and extend his re- the Rules Committee. cret, last-minute perks and protections Mr. BISHOP of Utah. Mr. Chairman, marks.) for big business. Mr. CONYERS. Ladies and gentlemen I tend to agree that this was probably It does nothing to stop the majority of the House, we have got a number of a do-nothing bill, only in the respect leadership from jamming massive con- problems, as you have heard with the that the vast majority of the people on ference reports through the House be- proposal here for lobbying account- both sides of this aisle will do nothing fore the ink is dry and before Members ability and transparency. to violate the procedures and the pro- read the bill. posals that we will have placed in b 1415 It does nothing to stop the majority from locking Democrats out of con- front. The main thing I want to bring to ference meetings and negotiations. From my own personal perspective, I your attention is that, throughout the It does nothing to stop the majority was the Speaker of the House in Utah scandals that have illustrated how from repeatedly waiving the rules on before I came here. Of the 75 members, large sums of money were spent se- every bill that comes to the House a far easier body to manage than this, cretly to conduct lobbying campaigns, 72 of them were the kind I knew would floor. the current Lobbying Disclosure Act It does nothing to stop the majority give the shirt off their back, a sight I requires the disclosure of lobbying ac- from shutting out Democrat amend- hoped never to see, give the shirt off tivities that involve direct contact ments on the floor. their back for the good of the State. with Members of Congress, but there is It does nothing to curb the practice There were three I always had to check no disclosure requirement for profes- of holding votes open on the floor to on what they were doing. I thought sional lobbying firms that are retained change the outcome of a vote. that percentage of good to bad actors to spend money on campaigns aimed at It does nothing to keep lobbyists was fairly good for the State of Utah. stimulating the public to lobby Con- from writing major legislation behind But as I have been here in Congress, I gress, including multimillion dollar ad- closed doors. think that same percentage applies to vertising campaigns. We need stronger It does not ban gifts from lobbyists. this body. It applies to large industrial revolving door provisions. It does not ban corporate travel. groups. It applies to church groups. It So I rise reluctantly against a Lob- It does not stop or slow the revolving applies to the lobbyist community. It bying Accountability and Trans- door. probably applies to every group except parency Act that does not seriously re- It does not do anything the majority maybe those who are incarcerated form the system. This bill really rep- says it does. right now. Both sides of the aisle are resents an effort for some to have it Voting for this bill violates the core good, decent people, and laws will not both ways, holding on to the financial principles of the Democratic Party and magically change the behavior that has benefits and perks they receive from everything we have fought for in this been developed on those few bad actors lobbyists and other special interests, Congress. No Member of this House that will be there. while claiming they have dealt with should vote for this bill. It is not just So what purpose do we have in this? the lobbying ethics problems in Con- a bad bill. It is a dishonest bill. It is to establish a means of rules to gress. Mr. Chairman, I yield back the bal- clarify and certify who the good guys This Republican proposal is problem- ance of my time. are. atic because it does not address the Mr. DREIER. Mr. Chairman, I yield I also was a lobbyist for that time be- problems that have given rise to the re- myself the balance of my time. tween when I was a legislator and came cent lobbying scandals and the falling Mr. Chairman, as I said at the outset, here. And I want you to know that the confidence of Americans in the integ- we have gone through a long, bipar- laws that are proposed in here to rity of Congress. tisan, 4-month process to get to where change lobbyist laws are good ones. The ban on privately sponsored trav- we are. Speaker HASTERT began in Jan- They are effective. They will make a el, as you have heard, only exists uary saying we need as an institution

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.029 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2024 CONGRESSIONAL RECORD — HOUSE May 3, 2006 to step up to the plate and deal with and we have come up with a bill that I The Committee on Standards of Official the issue of lobbying and ethics reform, believe is strong. I believe it is bold. I Conduct is the only committee of the House and that is exactly what we have done. hope we will be able to do more, but with an equal number of Democrats and Re- Again, we have worked with Demo- this is legislation that allows us to publicans. The Committee can only work ef- crats and Republicans, outside organi- move forward in a positive way. fectively in a bipartisan manner. In March the zations; and, as I have listened to the Mr. CARDIN. Mr. Chairman, this bill rep- Senate passed strong ethics and lobbying re- debate and the statements made from resents a missed opportunity for the House to form legislation by a vote of 90 to 8, and I am my colleagues on the other side of the address lobbying and ethics reform in a re- disappointed that the House is not given the aisle, it is very obvious to me that they sponsible manner. Our ethics process in the similar opportunity today to pass a strong bill. have failed to read this legislation. House of Representatives is broken, and the I will support the Motion to Recommit which Mr. Chairman, in virtually every sin- actions of some members and lobbyists have would substitute the text of H.R. 4682, which gle area that my friend from Rochester brought discredit to the reputation of this body. I have co-sponsored, which would strengthen just addressed, this is addressed in the That is why I am so disappointed in the re- our ethics and disclosure standards. legislation. And if it is not actually ad- sponse of the House leadership in bringing I urge my colleagues to reject this legisla- dressed in the legislation itself, we this extremely weak bill to the floor today, tion. have made commitments that we are using a partisan process which deliberately Mrs. MALONEY. Mr. Chairman, I rise in going to, as we move this process for- shuts out debate on the most pressing reform strong opposition to H.R. 4975, the so-called ward, get into a conference with the issues before this House. ‘‘Lobbying Accountability and Transparency Senate and address some of these I served on the House Committee on Stand- Act.’’ issues of concern. ards of Official Conduct from 1991 to 1997. I The time is long past due for meaningful Critics seem to be absolutely intent served as the ranking member of the adjudica- lobbying reform. We have seen scandal after on telling us what this bill is not. Ev- tive subcommittee that investigated and ulti- scandal emerging in the past year that has erything that was said by my friend mately recommended sanctions against former demonstrated that the way business has been from Rochester was in the negative. Speaker Gingrich. In 1997 the House leader- done in Washington must be changed. Just imagine if we went through every ship appointed me to serve as the Co-Chair- The public deserves to have an open gov- single day lamenting what is not. man of the House Ethics Reform Task Force, ernment with honest elected officials who are Today is not Christmas; that is ter- with my colleague Bob Livingston from Lou- truly acting in the best interests of their con- rible. Today is not Thanksgiving, and isiana. Our bipartisan task force came up with stituents, not their own personal or financial in- that is terrible. Today is not my birth- a comprehensive set of reforms to overhaul terests. It’s time for the culture of corruption to end. day, and that is terrible. But what does the ethics process. We created a bipartisan package to change House and committee Yet the bill that has come to the floor today it get us? It does not get us a thing. does little to reform the lobbying process. I am Searching for storm clouds on a clear rules which the House adopted. This was the last bipartisan revisions of House ethics proce- disappointed that the Rules Committee failed day is a recipe for inaction and defeat- dures. to make in order numerous Democratic ism. Our bipartisan legislative package in 1997 amendments that would have enacted funda- Mr. Chairman, Speaker HASTERT and also included a provision which authorized mental changes including a substitute amend- I and the leadership team here and the non-members to file complaints against mem- ment that contained provisions from the ‘‘Hon- Republicans and, I am happy to say, bers, provided that the complaints were in est Leadership and Open Government Act’’ some Democrats have indicated to me writing and under oath. Unfortunately, the full which I and many of my Democratic col- that they are interested in not defeat- House rejected this proposal, and for the first leagues have cosponsored. This legislation, ism; they are interested in pursuing time the House closed its doors to the receipt among other important provisions, would clean vigorous reform. of outside ethics complaints. In March I testi- As I listened to the litany of what up the government contracting process, en- fied before the Rules Committee and urged this bill is not, I think it is very impor- sure that votes on the House floor are not them to allow consideration of my amendment, tant again, as I have read some of these held open for hours to twist arms, and ban which I subsequently filed with the Committee. editorials which mischaracterize the gifts from lobbyists. I am disappointed that the Committee would This is not a problem requiring only cos- legislation, as I listened to the rhetoric not even allow my amendment to come up for metic solutions. This is a serious problem that that mischaracterized this legislation, a vote in the full House, and that it also re- needs fundamental reforms to restore the in- let us again look at the bill and just fused to allow the House to consider the alter- tegrity not only of the political process, but of four simple things of what this bill is: native approach offered by Mr. SHAYS and Mr. Congress. This bill actually doubles the fines, MEEHAN to create an independent Office of We must act to restore the public’s con- doubles the fines, for lobbyists who fail Public Integrity (OPI) to receive and inves- fidence in their House, the people’s House. to disclose. This bill adds the possi- tigate complaints from non-members. I believe that true reform must include the bility of jail time for failing to comply Our ethics process has broken down in the proposals put forth in the ‘‘Honest Leadership with the Act. This bill adds oversight past. Indeed, when our task force was meet- and Open Government Act,’’ and since the to make sure disclosure information is ing and deliberating in 1997, the House took Majority has refused to let that happen, I will accurate. It gives the public full, on- the extraordinary step of imposing a morato- oppose the bill before us and I urge my col- line access to disclosure reports. It rium of the filing of new ethics complaints. leagues to do the same. withdraws the government-funded pen- I am afraid we have reached a similar Mr. MORAN of Virginia. Mr. Chairman, the sion for people who commit the crimes crossroads in the House today. Some mem- House of Representatives will vote today on a that we have outlined in the legisla- bers have recently talked about ethics ‘‘truces’’ bill that the authors think will help end the cul- tion. in which the political parties have voluntarily ture of corruption that exists in the Congress So, Mr. Chairman, anyone who tries agreed to place a moratorium on filing ethics and restore the public’s confidence in this to say that they are supporting a re- complaints, regardless of the merits of the body. committal motion, are going to vote charges. The Chairman of the Ethics Com- I will vote no on this bill, H.R. 4975, not be- against this legislation because it does mittee was removed from his position, perhaps cause I believe we do not need to address not do enough is, in fact, standing in as retaliation for agreeing, on a bipartisan these significant matters, but because the bill the way of reform. basis, to repeatedly admonish the former fails to provide any real reform at all. Many people said we should get this House Majority Leader for ethical misconduct We have an opportunity today to make sig- thing out. The Speaker and I said we and transgressions. Outside good government nificant changes in the way we perform the wanted this to pass by early March. groups have repeatedly called for non-mem- people’s business and to help restore the peo- Obviously, we needed more and more bers to be permitted to file ethics complaints. ple’s confidence in their elected representa- input from Members, from outside or- In December 2004 the Congressional Ethics tives. With this bill, the majority, who only a ganizations, from academics, from our Coalition, a nonpartisan group which included few months ago was shouting for reform, has constituents who are concerned about Common Cause, Democracy 21, Judicial failed to seize this opportunity. In fact, it has this issue. And, Mr. Chairman, we ex- Watch, and Public Citizen, issued a statement presented a bill that contains no significant re- tended beyond that early March date. which called on Congress to authorize non- form at all. Here we are now in early May, having members to file ethics complaints against Throughout the country, far too many peo- listened to so many different people, members of Congress. ple believe that Congress gives its vote to the

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.077 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2025 highest bidder. This perception must be elimi- I will vote against H.R. 4975, a fig leaf of re- to reinstate an amendment to H.R. 4975 that nated, but the minor changes in this bill will form, and support meaningful lobbying reform had been added in the Judiciary Committee, not do so. by voting to recommit this bill to Committee but was somehow stripped out en route to the Restoration of the people’s respect of Con- and replace it with H.R. 4682, the Honest Rules Committee. gress requires one thing—that we change the Leadership and Open Government Act of My amendment simply requires ‘‘registered way our political campaigns are financed. 2006, our stronger Democratic bill. lobbyists’’ to disclose the fact that they have While our campaign finance rules have been Mr. SMITH of Texas. Mr. Chairman, I am ‘‘solicited and transmitted’’ a campaign con- strengthened over the years, they remain in- pleased that the Lobbying Accountability and tribution. Moreover, my amendment would re- sufficient. Transparency Act is being considered today. quire that lobbyists, who serve as campaign The time has come to take private money Accountability and transparency with respect treasurers and chairman of political commit- out of politics—entirely—and, in its place, pro- to the lobbying profession is necessary to en- tees to disclose that as well. This amendment vide limited public funding for all Congres- sure public confidence in how Members and was added to the Lobbying Disclosure Act on sional campaigns. This is real reform. And it is staff of this House interact with the outside April 5, 2006 by a vote of 28 to 4. the only type of reform that will even begin to world. It is ironic that an editorial about this restore the respect and trust of the American And I further believe that this legislation will amendment in the Washington Post, on April people in Congress. help brighten the lines for Members and staff 13, 2006, stated—‘‘We are almost reluctant to The bill before us today will not do this, and in terms of what is permissible behavior and flag this provision for fear that it will be shot we must into fool ourselves into believing that what is not. down all the more quickly, but in fact no other it will. Consistent with this need to have such disclosure requirement would be more useful Mr. ETHERIDGE. Mr. Chairman, I rise in bright line, I want to make certain that some in explaining the way Washington does busi- opposition to H.R. 4975, the so-called Lob- of the language in the bill is understood to ness than this one.’’ bying Accountability and Transparency Act of mean what it says and nothing more. I am not sure what appalls me more, the 2006. Under Section 105(7), lobbyists would be fact that the bill does precious little to address With the massive corruption investigation of required to disclose ‘‘the date, recipient, and the problems that have created the culture of lobbyist Jack Abramoff, the bribery conviction amount of funds contributed by the registrant corruption on Capitol Hill or the fact that the of Rep. Randy ‘‘Duke’’ Cunningham and the or an employee listed as a lobbyist by the reg- few enhancements to the bill, added through additional inquiries into the actions of even istrant under paragraph (2)(C); (A) to, or on the committee process, have been summarily more members of Congress, it had been my behalf of, an entity that is named for a cov- deleted without a debate or vote. The irony is hope that the Speaker and Republican leaders ered legislative branch official, or to a person that the abuse of power that has taken place of the House would act to erase the dishonor or entity in recognition of such official; or (B) on the Hill, that undermines the confidence of that has befallen this institution. Unfortunately, to an entity established, financed, maintained, this is not the case. Instead the House Repub- the American people, is alive and well in the or controlled by a covered legislative official.’’ management of the bill that was originally de- lican Leadership has brought before us a bill Members have a longstanding history, and that insults the intelligence of the American signed to correct such abuses. one that I respect, of raising money for and The bill before us today is a weak attempt people. This bill fails to slow the revolving being otherwise involved with charitable orga- to create the allusion of reform. It fails to ad- door between congressional service and lob- nizations. bying; it fails to require disclosure of Members’ dress: the problems with the revolving door This provision would apply to charities when between public service and lobbying, the contacts with lobbyist, lobbyists’ fundraisers such charity is named for a covered legislative and other events that honor Members of Con- showering of benefits to Members of Congress branch official, or when a charity recognizes a by lobbyists who have business before them, gress. It delays real action on privately funded covered legislative official. travel and gifts until after the November elec- the need to enhance a broken Ethics Com- It would also apply to a charity that is estab- mittee process and the need to reform the tions. It fails to crack down on pay-to-play lished, financed, maintained or controlled by a schemes, and includes loophole-laden ear- campaign financing system that creates the covered legislative official. It would not apply dangerous intersection between congressional mark provisions that would not have exposed in any other circumstance. the infamous ‘‘Bridge to Nowhere’’ and does action and campaign fundraising. It would not apply, for instance, when the The amendment that is before the Com- nothing to prohibit dead-of-night special inter- spouse of a Member engages in such activity est provisions. mittee today, in my opinion, is a modest but independent of his or her spouse’s official po- important step in the direction to expose some I have always believed that public office is sition. a public trust. I work every day to live up to sunlight on the activities where registered lob- Mr. Chairman, this is good legislation. byists have business before the Congress the trust the people of North Carolina’s Sec- The Republican record is long, and it is ond Congressional District have placed in me. while at the same time soliciting and transmit- strong on the issue of lobbying reform. ting campaign contributions, in addition to The recent Republican corruption scandals Republicans have delivered on ethics reform serving as officers that run campaigns and po- anger me because they threaten the bonds time and time again. litical committees. I believe that these prac- between the American people and their elect- In 1989, we enacted a Bush Administration tices should be studied for the prospects of fu- ed leaders. proposal that included numerous ethics re- ture regulation. The Speaker and Republican Leadership forms. However, at the very least, I believe that we earlier this year promised real reform, but this We cleaned up the House banking and post need to compel the disclosure of these activi- is not it. I support the real lobbying reform in office scandals. H.R. 4682, the Honest Leadership and Open When we became the majority in 1995, we ties to the American people. We need to cre- Government Act of 2006. Our bill will require instituted more reforms, including the first sig- ate transparency around the campaign finance lobbying disclosure, including lobbyists’ fund- nificant lobbying disclosure bill. practices that a registered lobbyist performs, raisers and other events that honor Members And remember it is a Republican Justice as well as, the business that they bring to and more. It will double the period in which Department that is prosecuting the cases that Members of Congress. As Justice Brandeis former Members are prohibited from lobbying have led to this legislation. has said, ‘‘sunlight is the best disinfectant’’. their former colleagues, from one year to two This reform package represents a great im- Moreover, this disclosure will allow the Amer- years; it will permanently ban travel, gifts and provement over the current system. ican people to see the whole picture, of lob- meals from registered lobbyists to Members of It will deter wrongful behavior by giving the bying activity, so that they may judge, for Congress, and prohibit Members from using public a better view of what their elected offi- themselves, the propriety of the transactions corporate jets for officially connected travel cials are doing in Washington. that have become an everyday practice in and shut down the K Street project. In addi- These reforms will shine a light on Con- Washington. tion, the Democratic lobbying and ethics re- gress by making lobbying disclosure reports With public opinion of Congress at an all form proposal will change the way Congress more frequent, accurate and accessible to the time low, we owe the American people a seri- does business; allowing Members enough public. ous bill that is not a ‘‘reform bill’’ in name only. time to review bills, requiring earmark reform This legislation is a welcome change in the The culture of corruption that has plagued the and mandating open conference committee rules governing lobbying and ethics. 109th Congress is probably only rivaled, in in- meetings. These reforms and others would I thank Chairman DREIER and the Congres- famy, by the Watergate era. The American give the public full faith and confidence that sional leadership for their worthwhile efforts. people have seen Members of Congress: give Members of the U.S. House are operating Mr. VAN HOLLEN. Mr. Chairman, I am here appropriations earmarks in exchange for a honestly. today to ask that you grant me the opportunity Rolls Royce and lavish antiques; enjoy posh

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.040 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2026 CONGRESSIONAL RECORD — HOUSE May 3, 2006 golf trips in Scotland at the expense of Native nearly three decades. Even lobbyists say so. limits ($50 per gift; $100 per year from any American tribes who were exploited by nefar- When asked about the significance of the one source). ious lobbyists, determine which lobbyists on K House lobbying reform bill by The Buffalo Unlike current ethics rules, lobbyists would Street get the lucrative contracts, channel News, Paul Miller, president of the American be required to report to the Ethics Committee campaign finances to Members’ spouse and League of Lobbyists answered: ‘‘That little all gifts they give to Members and staffs. children, and bend the House rules to allow thing?’’ Tickets to sporting events would be valued the House leadership to bend the arms of In fact, the measure is a ruse that fails to at face value rather than artificially set below Members to force a particular vote outcome. address any of the major problems with con- face value, as is currently provided under The American people are shocked and ap- gressional ethics and lobbying that have sur- House gift rules. palled by these activities. However, the real faced over the past year. When it comes to 3. Revolving Door shocker is the reality that many people do not lobbying reform, Congress is not up to the Maintains the current 1-year cooling-off pe- see, i.e. the nexus between these conflicts of task. riod, during which retiring Members and their interest and the pocketbooks of the American H.R. 4975 takes a cynical approach to re- staffs are prohibited from making direct lob- people. The effects can be seen in the influ- forming lobbying disclosure and behavior on bying contacts with their former colleagues. ence of the oil industry in gaining subsidies Capitol Hill and is opposed by Public Citizen Retiring Members and their staffs may conduct while gas prices are skyrocketing, as well as and other reform groups. The bill fails to re- all lobbying activities except for making lob- the impact that the pharmaceutical industry strict campaign fundraising activities by lobby- bying contacts immediately after leaving public had in drafting the Medicare Part D bill that ists, fails to ban gifts from lobbyists, fails to office. prohibits drug importation and the competition curb revolving door abuses, and fails to create Requires Members to disclose to the Ethics for price reduction. an independent oversight and compliance of- Committee when they are negotiating future We need to restore the trust of the Amer- fice. It bans privately sponsored travel—but private-sector employment that may pose a ican people. We need to start today by allow- only until after the next election. This legisla- conflict of interest; the disclosure must be ing this bill to be made into a real lobbying re- tion not only is inadequate, it makes a mock- made within 5 days of negotiations for com- form bill. I urge the Committee to rule my ery of the lobbying reform drive. pensation. However, Members are not re- amendment in order so that I have the chance To make matters worse, a very restrictive quired to recuse themselves from official ac- to add my amendment to this bill a second rule has been attached to the bill that prohibits tions involving potential future employers. time. floor consideration of any strengthening 4. Disclosure amendments, which means that the bill cannot REAL LOBBYING REFORM Imposes quarterly, rather than semi-annual, be improved upon when the House considers A HOUSE COMMITTEE TACKLES THE NEXUS BE- reporting deadlines on lobbyists’ financial re- it on Wednesday. Representative CHRIS TWEEN CAMPAIGN CASH AND LEGISLATIVE IN- ports. FLUENCE SHAYS, MARTY MEEHAN and others have of- Establishes electronic filing and disclosure Don’t hold your breath for this to turn up fered a package of strong reforms that are of lobbyist reports. in the final version of lobbying reform, but prohibited from consideration because of this Requires lobbyists to report their campaign the House Judiciary Committee approved an rule. contributions to candidates, committees and amendment last week that would help shed A. SUMMARY OF H.R. 4975 leadership PACs on lobbyist disclosure reports light on the symbiotic relationship between An earlier package of lobbying reforms pre- as well as to the Federal Election Commis- lobbyists and lawmakers. Offered by Rep. sented in January by House Speaker DENNIS Chris Van Hollen (D–Md.), the provision sion. HASTERT and Representative DAVID DREIER would require lobbyists to report not just 5. Section 527 Organizations called for a ban on privately sponsored travel; the campaign contributions they gave di- Subjects federal section 527 political organi- prohibited gifts from lobbyists, including meals; rectly to lawmakers but also the campaign zations to the reporting requirements and con- and doubled the revolving door ‘‘cooling-off’’ checks they solicit for or deliver to law- tribution limits of federal campaign finance period from 1 to 2 years, during which retiring makers—in other words, a measure of the law. real influence they wield. Astonishingly, this Members of Congress and their staffs could Applies a minimum 50–50 allocation ratio of proposal passed the Judiciary Committee by not make direct ‘‘lobbying contacts’’ with their a vote of 28 to 4—along with the underlying hard and soft money for section 527 organiza- former colleagues. tions involved in both federal and non-federal bill, a proposal that started out weak and But on Feb. 5, newly elected House Majority was watered down from there. election activity, but caps soft money contribu- Leader JOHN BOEHNER said on ‘‘Fox News We’re almost reluctant to flag this provi- tions for non-federal activity at $25,000 per Sunday’’ that ‘‘[B]ringing more transparency to sion for fear that it will be shot down all the year. this relationship [with lobbyists], I think, is the more quickly, but in fact no other disclosure Repeals current limits on party coordinated best way to control it. But taking actions to requirement would be more useful in ex- expenditures with candidates. plaining the way Washington does business ban this and ban that, when there’s no ap- than this one. That may help explain why, pearance of a problem, there’s no foundation 6. Earmarks until now, it hasn’t been a part of any of the of a problem, I think, in fact, does not serve Requires the disclosure of the names of major proposals. The central role that lobby- the institution well.’’ In the end, BOEHNER’s re- members who sponsor earmarks in appropria- ists play in hunting, gathering and deliv- luctance for significant reform won out among tions bills and conference reports. ering campaign cash—rather than the checks the Republican conference. Allows members to object to and remove they write directly—is the true source of specially targeted earmarks that were not dis- their power. But while both sides in the The final legislative proposal speeding through the House does not include any of the closed in the original appropriations bills or transaction are well aware of how much Lob- conference reports under point of order rules. byist X has raised for Representative Y, the earlier reform provisions. Instead, H.R. 4975 media and the public are—at least based on proposes the following: By informal agreement, House leaders have the required disclosures—in the dark. 1. Travel pledged to expand the earmarking provision in Presidential candidates—first George W. Temporarily suspends privately sponsored conference committee to apply to all tax and Bush and after that Sen. John F. Kerry and travel for Members of Congress and their authorizing bills as well as appropriations bills. other Democrats—have shown that it’s fea- staffs until after the 2006 elections. 7. Forfeiture of Retirement Benefits sible to provide information about the Permits corporate jets to be used to trans- Cancels retirement benefits for members amounts bundlers have raised for them; their convicted of a crime related to their official du- voluntary disclosure has added significantly port Members, reimbursed at first-class airfare to public understanding. If lawmakers are se- rates, but does not permit lobbyists to travel ties in public office. rious about effective reform, making certain with Members on these corporate jets. Lobby- B. WHAT H.R. 4975 DOES NOT DO the Van Hollen amendment survives would ists could, however, attend and participate in H.R. 4975 does not address the most seri- be a good way to demonstrate their commit- the rest of the travel junket. ous problems that gave rise to the recent ment. Instructs the House Ethics Committee to de- spate of lobbying and ethics scandals. Indicted Mr. CONYERS. Mr. Chairman, the U.S. velop by December 15 a new ethics policy re- super-lobbyist Jack Abramoff could have done House of Representatives will vote on the garding privately sponsored travel, which business as usual even if the ‘‘reforms’’ con- ‘‘Lobbying Accountability and Transparency would likely emphasize pre-approval of trips tained in H.R. 4975 had been in existence Act of 2006’’ (H.R. 4975) on Wednesday, May by the Committee. while he was working. 3. The measure is a woefully inadequate re- 2. Gifts Several of the most serious problems that sponse to the most significant ethics and lob- Gifts to Members and their staffs would con- have not been addressed by this bill, nor by bying scandals that have swept Capitol Hill in tinue to be permitted under the existing gift the Senate bill, include:

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.044 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2027 1. No meaningful enforcement mechanism is offered community’s favorite means for subsidizing the Republicans who voted against the restric- The legislation leaves in place the failed and campaigns and travel of lawmakers with the tive rule include: Reps. CHRIS SHAYS (R– discredited system for enforcing House ethics expectation of receiving something in return. Conn.), TODD PLATTS (R–Pa.) JIM RAMSTAD and lobbying rules. The House ethics com- 4. No effort is made to slow the revolving door. (R–Minn.), former House ethics committee mittee has been missing in action during all Currently, 43 percent of retiring members of chairman JOEL HEFLEY (R–Colo.), KENNY the scandals involving unmonitored lobbying Congress—those who retire for reasons other HULSHOF (R–Mo.), a former member of the activities, travel junkets and unregulated gifts. than death or conviction—spin through the re- panel, JEB BRADLEY (R–N.H.), WALTER JONES Even two years after news of the activities of volving door to become lobbyists. The current (R–N.C.), JIM KOLBE (R–Ariz.), CHARLES BASS Abramoff and his allies first came to light, ‘‘cooling-off’ period prohibits former members (R–N.H.), STEVE CHABOT (R–Ohio), MARK there is no known congressional inquiry into and staff only from making direct ‘‘lobbying GREEN (R–Wisc.) and JAMES SENSENBRENNER allegations that lawmakers took improper or il- contacts’’ with their former colleagues for one (R–Wisc.). legal actions on behalf of lobbyists. In fact, the year after leaving public service. They can, For a complete roll call vote on the restric- House ethics committee didn’t even meet in and do, engage in all other lobbying activity, tive rule, go to: www.CleanUpWashington.org/ 2005—during the height of the scandal—and including planning lobbying strategy, super- documents/vote4975rule.pdf. has met in 2006 just twice—once to squabble vising a team of lobbyists and making lobbying The rule prohibits consideration of all but over its future direction and a second time to contacts with others in government who were nine amendments among the 73 that were secretly approve H.R. 4975 and send it to the not in the same branch of government or con- submitted for consideration. None of the floor. gressional committee. They are prohibited only amendments advocated by the reform commu- Regardless of the details of the law Con- from picking up the telephone and calling their nity as strengthening amendments are allowed gress passes, if no one is watching and no former colleagues. to be considered on the House floor. In addi- credible mechanism for enforcement exists, H.R. 4975 does not attempt to expand the tion, the rule: there likely will be little compliance with the coverage of the revolving door prohibition to Allows for one hour of debate, equally di- law. include ‘‘lobbying activity’’ as well as ‘‘lobbying vided between the majority and minority par- 2. No effective steps are taken to break the cor- contacts.’’ The bill does not even extend the ties; rupting nexus between lobbyists, money and one-year cooling-off period to two years. Reinstates the provisions to regulate Sec- lawmakers Note: For a chart comparing Senate and tion 527 political organizations as political While H.R. 4975 does require some addi- House lobbying reform legislation, go to committees subject to federal election con- http://www.cleanupwashington.org/documents/ tional disclosure requirements of contributions tribution limits; and LegCompare.pdf. For more links to information by lobbyists, the House bill does nothing to Repeals current party coordinated expendi- about lobbying reform, go to http:// break the lobbyist-money-lawmaker nexus. ture limits; and www.cleanupwashington.org/lobbying/ Unlike state laws in California and Tennessee Removes a provision calling for the General page.cfm?pageid=24. that prohibit contributions from lobbyists, H.R. Accountability Office to study contingency fees 4975 does not impose any new limits on cam- C. HOUSE FLOOR ACTION paid to lobbyists who secure earmarks. paign contributions from lobbyists or fund- H.R. 4975 cleared all the committee hurdles Most of the amendments that are allowed raising done by lobbyists for members. Nor with almost no amendments in just one week. for consideration would weaken the already does it place any new limits on the ways lob- House Republican leaders clearly want fast weak bill. The nine permissible amendments action on the final bill, most certainly before byists or their employers provide financial ben- are as follows: any further indictments are issued in the wid- efits to members, such as hosting fundraising ening corruption investigations. They have SUMMARY OF ORDERED AMENDMENTS (LENGTH OF TIME events for members. PERMITTED FOR DEBATE) also closed off any chance for the full House Not only does H.R. 4975 fail to slow the (1.) Gohmert (Texas) #29. Strikes the cur- to consider strengthening amendments by at- flow of money from lobbyists to lawmakers, rent section 106 that establishes criminal pen- taching a very restrictive closed rule to the bill. but it does not even take the simple step of The restrictive rule attached to H.R. 4975 alties for violations of the law. (10 minutes) restricting lobbyists from controlling the purse was approved by a near party-line vote of (2.) Castle (Del.)/Gerlach (Pa.) #38. Re- strings of lawmakers. Lobbyists may still serve 216–207 on April 27 during a tumultuous floor quires that lobbyists be held liable for offering as treasurers of lawmakers’ campaign commit- session. After a discombobulated performance gifts that violate the gift ban. (10 minutes) tees and leadership PACs. The bill no longer on the House floor in the morning, in which (3.) Lungren (Calif.)/Miller, George (Calif.)/ even requires disclosure of lobbyist participa- the GOP leadership pulled the lobbying reform Hastings (Wa.)/Berman (Calif.)/Cole (Okla.) tion in fundraising events or parties honoring rule from the floor 24 minutes after it was in- #6. Modifies section 301 to allow privately members. troduced because they lacked the votes to sponsored travel during the temporary morato- 3. The temporary travel moratorium is a slap in the pass it, the leaders whipped their colleagues rium if pre-approved by the ethics committee. face to anyone trying to curb the abuses of con- into line by evening in a closed-door emer- (10 minutes) gressional travel junkets gency session that lasted an hour and a half. (4.) Sodrel (Ind.)/McGovem (Mass.)/Davis While the bill provides a temporary suspen- Many moderate House Republicans op- (Ky.) #47. Amends section 502 to add a vol- sion of privately funded trips for lawmakers, it posed the rule because the bill did not go far untary ethics training program for members does so in a way that raises deep concerns enough in reforming ethics and lobbying prac- within 100 days of being sworn in to Con- that these trips will be reinstated as soon as tices. For example, Representative JEFF FLAKE gress. (10 minutes) the 2006 congressional elections are over and told The Washington Post: ‘‘You have one of (5.) Jackson-Lee (Texas) #53. Modifies the the incumbents are re-elected. The legislation your members in jail, others being inves- extent to which pensions can be withheld from provides for the House ethics committee to tigated. To still take the position that we don’t the spouse and family. (10 minutes) recommend travel rules for members by Dec. need reform—it’s unbelievable.’’ (6.) Gingrey (Ga.) #14. Extends the prohibi- 15, 2006, and sets the stage for establishing Other Republicans, such as Appropriations tion on converting campaign dollars for per- in future years an ineffective ‘‘pre-approval’’ Committee Chairman JERRY LEWIS objected sonal use currently applicable to campaign system by the House ethics committee for that the earmarking provision applied only to committees to leadership PACs. (10 minutes) members’ privately funded trips. This ap- the 11 appropriations bills, but not to the tax (7.) Wolf (Va.) #7 [WITHDRAWN BY proach would not end the travel abuses that and authorizing bills of other committees, such WOLF]. Prohibits former ambassadors and have occurred, even if there was a publicly as the transportation committee, which pro- CIA station chiefs from acting as an agent of credible House ethics committee to approve duced the ‘‘bridge to nowhere’’ earmark. the foreign nation where they were stationed the trips, which there is not. Under this ap- House Republican leaders worked out a deal for five years after their service as ambas- proach, the temporary suspension of privately with the appropriators that the earmark provi- sador or station chief is completed. (10 min- funded trips could end after the November sion would be extended to tax and authorizing utes) elections without a direct vote on ending the bills in conference committee. (8.) Castle (Del.) #34. Requires that all reg- suspension or on adopting travel rules for fu- In the end, all Democrats and only 16 Re- istered lobbyists (not members of Congress) ture years. publicans refused to support the restrictive complete eight hours of ethics training each H.R. 4975 also allows members and staff to rule. Republicans voted 216 in favor of the Congress. (10 minutes) continue to be shuttled on corporate jets to rule and 12 against, with three not voting. No (9.) Flake (Ariz.) #17. Prohibits a person faraway wonders of the world at the low, dis- Democrat voted in favor of the rule, while 194 from directly or indirectly, corruptly giving, of- counted rate of a first-class ticket (compared voted against it and seven did not vote. One fering or promising anything of value to any to charter rates). This is one of the business Independent voted against the rule. public official with the intent to influence any

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.047 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2028 CONGRESSIONAL RECORD — HOUSE May 3, 2006 official act relating to an earmark. Also pro- However, neither the Republican leadership age ordinary Americans from participating in hibits a public official from corruptly demand- nor the Democrat leadership have offered a the policy process. Among the ways H.R. ing, seeking, receiving, accepting or agreeing solution that addresses what is important, the 4975 silences ordinary Americans is by requir- to receive or accept anything of value in return Ethics Committee. ing grassroots citizens’ action organizations to for influence in the performance of an official I think we’ve missed a good opportunity to divulge their membership lists so Congress act relating to an earmark. (10 minutes) do some good things and I look forward to can scrutinize the organizations’ relationships D. CONCLUSION: REJECT H.R. 4975 AND MAKE THE working with my colleagues in addressing fur- with members of Congress. The result of this HOUSE ADDRESS GENUINE LOBBYING REFORM ther reforms in the future. will be to make many Americans reluctant to H.R. 4975 is not real lobbying reform. It fails Mr. BLUMENAUER. Mr. Chairman, the leg- support or join these organizations. Making it to address the most fundamental abuses of islation before us today is a missed oppor- more difficult for average Americans to have ethical behavior by lobbyists and members of tunity to fix an area in great need of reform. their voices heard is an odd response to con- Congress alike. The bill instead is being used The bill does little to reign in the activities of cerns that Congress is more responsive to as a vehicle for Republican leaders to claim lobbyists and members and the restrictive rule special interests than to the American public. that have dealt with lobbying abuses while prevented many viable alternatives from being This legislation further violates the First avoiding sweeping changes. Republican lead- considered. Amendment by setting up a means of secretly ers are betting that H.R. 4975 will be enough There are a lot of things we can do through applying unconstitutional campaign finance to dodge a voter backlash come November. the Ethics Committee and the Rules Com- laws to ‘‘Section 527’’ organizations. This is This sham reform legislation should be re- mittee to improve our broken ethics system. done by a provision in the rule under which jected and sent back to the House to be fun- But what we should and must do is have an this bill is brought before us that automatically damentally rewritten. If the House refuses to independent process. My colleague from Or- attaches the ‘‘527’’ legislation to H.R. 4975 if deal with corruption and the perception of cor- egon, GREG WALDEN, and I crafted an amend- H.R. 4975 passes the House and is sent to ruption in Congress, the issue should not be ment that would deal comprehensively with the Senate for a conference. allowed to fade as the election nears. accountability and oversight of Congress in a H.R. 4975 also contains minor reforms of Public Citizen is a national, nonprofit con- way that we cannot accomplish under the cur- the appropriation process to bring greater sumer advocacy organization based in Wash- rent system. Our amendment would have es- transparency to the process of ‘‘earmarking,’’ ington, D.C. For more information, go to tablished an independent commission, com- where members seek funding for specific www.citizen.org. posed of former Members of Congress, who projects in their respective district. I have no Mr. HEFLEY. Mr. Chairman, I rise today in would be able to govern Congress in a fair objection to increased transparency, and I opposition to the lobbying reform bill because and transparent manner. The amendment also share some of the concerns raised by oppo- this legislation does not go far enough in re- provided meaningful reporting and review re- nents of the current earmarking process. forming the rules of the House. quirements for both Members and lobbyists. However, I would like to remind my col- As the former House Ethics Committee Our constituents will no longer stand for se- leagues that, since earmark reform does not chairman I feel H.R. 4975 does very little in cretive legislative activity where the sponsor is reduce the total amount of spending, instead providing comprehensive reform. This bill con- not identified and the fingerprints are missing. giving more power to the executive branch to tains much needed changes to lobbying re- Time must be allotted to digest proposals. allocate federal funds, the problem of mem- form and I congratulate Chairman DREIER for There’s no reason why there should not be a bers trading their votes in exchange for ear- putting together these much needed changes. minimum of 3 days to examine something be- marks will continue. The only difference will be Unfortunately, this bill is silent on reforming fore it is voted on, unless there is a real emer- that instead of trading their votes to win favor the rules of this institution to enhance the eth- gency determined by a vote of the House. with Congressional appropriators and House ics process, which are equally as important as I think we can, and must, do more if we are leadership, members will trade their votes to the lobbying changes. to restore voters’ faith in both their representa- We had an opportunity to implement com- get funding from the Executive branch. Trans- tives and the system in general. While it is prehensive ethics reform in the House, but un- ferring power over allocation of taxpayer dol- true that some who broke the law were caught fortunately we are not taking advantage of this lars from the legislative branch to the execu- and are now being punished, it is clear that opportunity. Real, meaningful reform in the tive branch is hardly a victory for republican we must do better if we are to rekindle the House must include strengthening the Ethics government. Reducing Congress’s role in allo- trust of the American people in our work and Committee and the ethics process. cating of tax dollars, without reducing the Fed- our integrity. Representative HULSHOF and I introduced a eral budget, also means State and local offi- Mr. PAUL. Mr. Chairman, the public outrage bill last month to strengthen the ethics com- cials, to say nothing of ordinary citizens, will over the Jack Abramoff scandal presented mittee in ways this bill does not. have less input into how Federal funds are Our legislation would do three things this bill Congress with an opportunity to support real spent. does not: reform by addressing the root cause of the Earmarks, like most of the problems H.R. It would increase transparency across the corruption: the amount of money and power 4975 purports to deal with, are a symptom of board, it would increase oversight, and it located in Washington, D.C. A true reform the problem, not the cause. The real problem would give the Ethics Committee the authority agenda would focus on ending federal funding is that the United States government is too to aggressively investigate potential violations for unconstitutional programs, beginning with big, spends too much, and has too much when necessary. those programs that benefit wealthy corpora- power. When the government has the power Our legislation includes broad and sweeping tions and powerful special interests. Congress to make or break entire industries by changing disclosure across the board for all gifts over should also change the way we do business one regulation or adding or deleting one para- $20, all privately funded travel, all lobbyist reg- in the House by passing the Sunlight Rule (H. graph in an appropriation bill it is inevitable istrations, all passengers on corporate jets, Res. 709). The Sunlight Rule ensures that that people will seek to manipulate that power and all member financial disclosure state- members of the House of Representatives and to their advantage. Human nature being what ments. All disclosure would be on the internet the American public have adequate time to it is, it is also inevitable that some people and all in real time. read and study legislation before it is voted seeking government favors will violate basic Mr. Chairman, the bill we introduced would upon. Ending the practice of rushing major norms of ethical behavior. Thus, the only way give the Ethics Committee broader subpoena legislation to the House floor before members to effectively address corruption is to reduce power during informal investigations, which is have had a chance to find out the details of the size of government and turn money and when the key decisions are made regarding bills will do more to improve the legislative power back to the people and the several whether to fully investigate a potential viola- process and restore public confidence in this states. tion. institution than will imposing new registration The principals in the recent scandals where Our legislation would strengthen the inde- requirements on lobbyists or making staffers not deterred by existing laws and congres- pendence of the chair and ranking member by waste their time at an ‘‘ethics class.’’ sional ethics rules. Why would a future Jack giving them presumptive six year terms like I am disappointed, but not surprised, to see Abramoff be deterred by H.R. 4975? H.R. other chairmen. that Congress is failing to go after the root 4975 is not just ineffective to the extent that it Our bill would also strengthen the independ- cause of corruption. Instead, we are consid- burdens the ability of average citizens to sup- ence of the ethics committee staff by making ering placing further burdens on the people’s port and join grassroots organizations to more this a career office, like the parliamentarians exercise of their free speech rights. H.R. 4975 effectively participate in the policy process, office, yet with the accountability all staff will not deter corrupt lobbyists, staffers, or H.R. 4975 violates the spirit, if not the letter, should have. members. What H.R. 4975 will do is discour- of the First Amendment. I therefore urge my

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.048 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2029 colleagues to reject this bill and instead work Sadly, the process by which this legislation ‘‘Congress still doesn’t get it,’’ said USA to reduce corruption in Washington by reduc- comes before us has been fundamentally un- Today. The New York Times writes ‘‘It’s hard ing the size and power of the Federal Govern- democratic. The Rules Committee disallowed to believe that members of Congress mindful ment. the large majority of amendments that would of voters’’ diminishing respect would attempt Mr. HOLT. Mr. Chairman, it is an honor and improve this weak bill. It disallowed an amend- such an election-year con.’’ And the Houston a privilege to serve in the U.S. Congress. Hav- ment that would have required registered lob- Chronicle asks ‘‘How many more members of ing been entrusted by our constituents with byists to disclose lobbying contacts with Mem- Congress, their aides and lobbyists have to be the responsibility to serve their interests in this bers of Congress and senior executive branch convicted of fraud, bribery and abuse of vot- body, we hold a sacred trust to represent officials. It disallowed an amendment to in- ers’ trust before legislators get the message them openly, honestly, and selflessly. crease the waiting period for Members and that the public is serious about ethics reform?’’ Serving as a public official necessarily and senior staff to lobby Congress. And it dis- The Democratic reform plan, the Honest rightly subjects an individual to heightened allowed an amendment to require full payment Leadership and Open Government Act, which scrutiny of behavior. It is tragic that scurrilous and disclosure of charter flights. I have cosponsored, would address each of actions perpetrated by Members of this body The Democratic alternative is a better way. these serious inadequacies, while further have further eroded the trust that Americans The Honest Leadership Open Government Act strengthening lobbyist disclosure requirements place in their electoral and representative sys- would address these shortcomings and more. to shine some light into the relationship be- tem. Congress must act expeditiously and It would prohibit special interest provisions tween campaign donors, lobbyists and Mem- strongly to restore this trust. from being inserted in legislation in the dead bers of Congress. Unfortunately, the legislation that we have of night, before they can be adequately re- Yet, in what has become a standard abuse before us today is nothing more than a sham. viewed and debated. It would restore democ- of House Rules, Democrats were denied the It is a feeble attempt to fool the public—a racy in the House by prohibiting votes from opportunity to debate a number of substantive package of half-hearted cosmetic changes that being held open to twist arms and lobby Mem- amendments seeking to improve and strength- merely nibble at the edges of a fundamentally bers on the floor, and would prohibit cronyism en many components of the bill. Consideration flawed governing ethos. of substitute legislation was blocked as well, H.R. 4975 falls far short of its two goals— in key government appointments and govern- denying Members the chance to vote on the fixing the systemic problems that have led to ment contracting. We would also permanently actual reforms included in the Democratic abuses of power, and restoring the faith of ban gifts and travel arranged or funded by lob- Honest Leadership and Open Government American citizens in the integrity of this institu- byists, mandate disclosure of lobbyist fund- Act. tion. raising activities on behalf of Members, and Recent scandals prove that we need to do close the revolving door between the public The American people have seen the im- something to ensure that Congressional travel and private sector. pacts resulting from the lax policies of this Re- is legitimate. Domestic and international travel The Washington Post calls this bill, ‘‘a wa- publican Congress in many ways. Spiraling is an important way to inform our representa- tered-down sham.’’ USA Today calls it an prescription drug costs, the skyrocketing cost tion and see the effects of our decisions in dif- ‘‘outrageous substitute for needed reform.’’ of gasoline, waste, fraud and no-bid contracts ferent communities and countries. For exam- Third party interest groups like Common in the Gulf Coast and Iraq, are all cases ple, Members of Congress should have the Cause, Democracy 21, the League of Women where a more open legislative process with opportunity to travel to Israel, Burma, Greece, Voters, Public Citizen, and U.S. P.I.R.G. have reasonable oversight could have saved con- Brazil, or other destinations where the votes all condemned this weak and inadequate effort sumers thousands. cast in this chamber have a real impact. Such to kick the can down the road. We have an While this Republican Leadership may be trips are entirely different from golf junkets to historic opportunity to reform the way business perfectly content in perpetuating a clearly Scotland. Nonprofits and educational agencies is conducted in Washington, D.C., and we are flawed status quo, sticking to business as should continue providing this important serv- poised to miss that opportunity. usual regardless of the multiplying and in- ice because it informs Members in a setting I urge my colleagues to oppose H.R. 4975 creasingly brazen cases of misconduct, and free of special interest lobbyists. However, and support real reform. promising more reform at some indefinite date H.R. 4975 does nothing to stop lobbyists from Mr. LEVIN. Mr. Chairman, I rise in strong in the future, I know the American people both funding and arranging Congressional travel. opposition to this legislation. demand and deserve a real response. This is Such travel should be permanently banned al- The American people are losing their faith in simply a smoke screen by Members of the together. H.R. 4975 also fails because it im- the integrity of Congress. Today we had a real Majority to delay real action right here and poses no restrictions on the use of corporate opportunity to curb the influence of the special right now. jets by Members, and does not require reim- interests and lobbyists, and to disburse the Today Member after Member from the Re- bursement of the flight’s actual value. cloud of corruption hanging over this Congress publican Party came to the House floor not to Sunshine, as they say, is the best disinfect- as a result of the improprieties of a small mi- extol the virtues of this legislation but to as- ant, and H.R. 4975 does not do nearly enough nority who have disgraced its good name. sure their colleagues that this was just a com- to allow the public to know the interaction be- Yet this watered-down attempt at reform promise, and that more would be done in con- tween elected officials and lobbyists. H.R. falls far short of what we need to do to restore ference and in the future. The American peo- 4975 contains no meaningful disclosure re- confidence in the legislative process. This bill ple do not want a compromise. They don’t quirements on lobbyist campaign finance ac- is reform in name only. Under this bill compa- want to hear any more false promises of fu- tivities on behalf of Members of Congress. We nies could continue to fly members in their ture action. The continuing cost of inaction has must let the public know about fundraisers, corporate jets at discount rates. Members resulted in the loss of the confidence of the events ‘‘honoring’’ Members, or outright con- could continue to accept lobbying jobs shortly American people. tributions that special interest lobbyists are after drafting and advocating for industry- I will vote against this legislation today and lavishing upon elected officials. The bill has friendly legislation. Members could influence support the Democratic motion to recommit to been stripped of any such requirements. private employment decisions with the threat send the bill back to Committee with instruc- It is clear that the practice of ‘‘earmarking’’ of taking or withholding official actions. And tions to immediately report the measure back is not the ideal way to fund the needs of the special interest provisions could continue to be to the House with the text of the Honest Lead- nation. Basing funding decisions not on merit, slipped into legislation at the eleventh hour. In- ership and Open Government Act. but on the influence and seniority of a Member stead of developing a real policy to govern Mr. DINGELL. Mr. Speaker, I rise to oppose of Congress inherently does a disservice to gifts and meals, this legislation defers that de- the legislation before us today. I oppose it, not the nation. Earmarking needs to be severely cision until after the elections in November. because I oppose clean, open, and trans- restricted. At a minimum, each Member should This bill also postpones adoption of a clear parent government; or because I don’t want be willing to fully disclose the requesting orga- policy regarding special interest and lobbyist- the American people to have faith in their leg- nization or person and explaining the purpose sponsored private travel. islators. of the project publicly. Unfortunately, H.R. The bill before the House is not going to I oppose it, quite simply, because all it does 4975 fails to achieve this goal. Its disclosure fool anyone. Across the country, newspapers is put lipstick on a pig. It allows the Repub- requirements apply only to appropriations are blasting the GOP lobbying reform bill for lican majority to give themselves a self con- bills—not to authorization or tax bills. It’s a the farce that it is. gratulatory pat on the back and then proceed half-measure, at best, that would do nothing to The Washington Post has called it ‘‘a wa- with business as usual. It allows those same stop wasteful and unnecessary projects like tered-down sham that would provide little in Republicans, who have let K Street and cor- the ‘‘Bridge to Nowhere.’’ the way of accountability or transparency.’’ porate greed-heads to feast at the trough of

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.060 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2030 CONGRESSIONAL RECORD — HOUSE May 3, 2006 American democracy, to proclaim their reborn pending the rules and agreeing to the Mack Pearce Simpson Maloney Pelosi Skelton innocence. It scolds the lobbying community concurrent resolution, H. Con. Res. 359. Manzullo Pence Slaughter for the sins of their membership, and does The Clerk read the title of the con- Marchant Peterson (MN) Smith (NJ) nothing to change the culture of corruption current resolution. Markey Peterson (PA) Smith (TX) here in the Congress and in the Executive Marshall Petri Smith (WA) The SPEAKER pro tempore. The Matheson Pickering Snyder Branch other than making people fill out a question is on the motion offered by Matsui Pitts Sodrel couple more forms. the gentleman from New York (Mr. McCarthy Platts Solis I have served in this beloved institution for KUHL) that the House suspend the rules McCollum (MN) Pombo Souder quite a while now. I love it with all my heart. McCotter Pomeroy Spratt and agree to the concurrent resolution, McCrery Porter Stark In my time here I have always tried to do right H. Con. Res. 359, on which the yeas and McDermott Price (GA) Stearns by the people. I have always tried to spend nays are ordered. McGovern Price (NC) Strickland their money wisely. I have tried to make sure McHenry Pryce (OH) Stupak The vote was taken by electronic de- that their government responds to their con- McHugh Radanovich Sullivan vice, and there were—yeas 417, nays 0, McIntyre Rahall Sweeney cerns. I have tried to make sure that the Exec- not voting 15, as follows: McKeon Ramstad Tancredo utive Branch, whether it was run by Demo- McKinney Rangel Tanner crats or Republicans, understood Congres- [Roll No. 114] McMorris Regula Tauscher sional prerogatives. And the Congress, as a YEAS—417 McNulty Rehberg Taylor (MS) Meehan Reichert Taylor (NC) whole, used to respect these privileges as Abercrombie Costa Hastings (FL) Meek (FL) Renzi Terry well. Ackerman Costello Hastings (WA) Meeks (NY) Reyes Thomas Things have changed. They have changed, Aderholt Cramer Hayes Melancon Reynolds Thompson (CA) not because there’s a thriving business for Akin Crenshaw Hayworth Mica Rogers (AL) Thompson (MS) Alexander Crowley Hefley Michaud Rogers (KY) Thornberry lobbyists—lobbyists thrived when Congress Allen Cubin Hensarling Millender- Rogers (MI) Tiahrt was honest—but because this Congress now Andrews Cuellar Herger McDonald Rohrabacher Tiberi sees K Street’s interests as its own. Not only Baca Cummings Herseth Miller (FL) Ros-Lehtinen Tierney have we seen a rise in a culture of corruption, Bachus Davis (AL) Higgins Miller (MI) Ross Towns Baird Davis (CA) Hinchey Miller (NC) Rothman Turner but we have also seen the withering of the Baker Davis (FL) Hinojosa Miller, Gary Roybal-Allard Udall (CO) culture of skepticism. Baldwin Davis (IL) Hobson Miller, George Royce Udall (NM) Too many people here in the Congress ac- Barrett (SC) Davis (KY) Hoekstra Mollohan Ruppersberger Upton cept, without a moment’s hesitation, the prior- Barrow Davis (TN) Holden Moore (KS) Rush Van Hollen Bartlett (MD) Davis, Jo Ann Holt Moore (WI) Ryan (OH) Vela´ zquez ities of a lobbyist. No questions are asked, no Bass Davis, Tom Honda Moran (KS) Ryan (WI) Visclosky criticisms are made. Doing K Street’s bidding Bean Deal (GA) Hooley Moran (VA) Ryun (KS) Walden (OR) is not our job, representing the American peo- Beauprez DeFazio Hostettler Murphy Salazar Walsh ple is. Until the Majority figures that out, no Becerra DeGette Hoyer Murtha Sa´ nchez, Linda Wamp Berkley Delahunt Hulshof Musgrave T. Wasserman amount of reform and self-congratulations is Berman DeLauro Hunter Myrick Sanchez, Loretta Schultz going to change our image or restore the faith Berry Dent Hyde Nadler Sanders Waters of the American people. Biggert Diaz-Balart, L. Inglis (SC) Napolitano Saxton Watson Mr. DREIER. Mr. Chairman, I yield Bilirakis Diaz-Balart, M. Inslee Neal (MA) Schakowsky Watt Bishop (GA) Dicks Israel back the balance of my time, and I Neugebauer Schiff Waxman Bishop (NY) Doggett Issa Ney Schmidt Weiner move that the Committee do now rise. Bishop (UT) Doolittle Istook Northup Schwartz (PA) Weldon (FL) The motion was agreed to. Blackburn Doyle Jackson (IL) Norwood Schwarz (MI) Weldon (PA) Accordingly, the Committee rose; Blumenauer Drake Jackson-Lee Nunes Scott (GA) Weller Blunt Dreier (TX) and the Speaker pro tempore (Mr. LIN- Oberstar Scott (VA) Westmoreland Boehlert Duncan Jefferson Obey Sensenbrenner Wexler DER) having assumed the chair, Mr. Boehner Edwards Jenkins Olver Serrano Whitfield PRICE of Georgia, Acting Chairman of Bonilla Ehlers Jindal Ortiz Sessions Wicker the Committee of the Whole House on Bonner Emanuel Johnson (CT) Otter Shadegg Wilson (NM) Bono Emerson Johnson (IL) the State of the Union, reported that Owens Shaw Wilson (SC) Boozman Engel Johnson, E. B. Oxley Shays Wolf that Committee, having had under con- Boren English (PA) Johnson, Sam Pallone Sherman Woolsey sideration the bill (H.R. 4975) to pro- Boswell Eshoo Jones (NC) Pascrell Sherwood Wu vide greater transparency with respect Boucher Etheridge Jones (OH) Pastor Shimkus Wynn Boustany Everett Kanjorski Paul Shuster Young (AK) to lobbying activities, and for other Boyd Farr Kaptur Payne Simmons Young (FL) purposes, had come to no resolution Bradley (NH) Fattah Keller thereon. Brady (PA) Feeney Kelly NOT VOTING—15 Brady (TX) Ferguson Kennedy (MN) f Brown (OH) Filner Kennedy (RI) Barton (TX) Evans Nussle Brown (SC) Fitzpatrick (PA) Kildee Buyer Green, Gene Osborne ANNOUNCEMENT BY THE SPEAKER Brown, Corrine Flake Kilpatrick (MI) Culberson Hall Poe PRO TEMPORE Brown-Waite, Foley Kind DeLay Kingston Putnam Ginny Forbes King (IA) Dingell McCaul (TX) Sabo The SPEAKER pro tempore. Pursu- Burgess Ford King (NY) ant to clause 8 of rule XX, proceedings Burton (IN) Fortenberry Kirk ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE will resume on motions to suspend the Butterfield Fossella Kline The SPEAKER pro tempore (during Calvert Foxx Knollenberg rules previously postponed. the vote). Members are advised that Votes will be taken in the following Camp (MI) Frank (MA) Kolbe Campbell (CA) Franks (AZ) Kucinich there are 2 minutes remaining in this order: Cannon Frelinghuysen Kuhl (NY) vote. H. Con. Res. 359, by the yeas and Cantor Gallegly LaHood nays; Capito Garrett (NJ) Langevin H.R. 5253, by the yeas and nays; Capps Gerlach Lantos b 1447 H.R. 5254, by the yeas and nays. Capuano Gibbons Larsen (WA) Cardin Gilchrest Larson (CT) So (two-thirds of those voting having Proceedings on House Resolution 781 Cardoza Gillmor Latham will resume at a later time. Carnahan Gingrey LaTourette responded in the affirmative) the rules The first electronic vote will be con- Carson Gohmert Leach were suspended and the concurrent res- ducted as a 15-minute vote. Remaining Carter Gonzalez Lee olution was agreed to. Case Goode Levin electronic votes will be conducted as 5- Castle Goodlatte Lewis (CA) The result of the vote was announced minute votes. Chabot Gordon Lewis (GA) as above recorded. f Chandler Granger Lewis (KY) Chocola Graves Linder A motion to reconsider was laid on AUTHORIZING USE OF CAPITOL Clay Green (WI) Lipinski the table. Cleaver Green, Al LoBiondo GROUNDS FOR DISTRICT OF CO- Clyburn Grijalva Lofgren, Zoe Stated for: LUMBIA SPECIAL OLYMPICS LAW Coble Gutierrez Lowey Mr. PUTNAM. Mr. Speaker, on roll- ENFORCEMENT TORCH RUN Cole (OK) Gutknecht Lucas call No. 114 I was unavoidably detained Conaway Harman Lungren, Daniel The SPEAKER pro tempore. The Conyers Harris E. at the White House. Had I been present, pending business is the question of sus- Cooper Hart Lynch I would have noted ‘‘yea.’’

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.064 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2031 Mr. GENE GREEN of Texas. Mr. Kirk Neal (MA) Shays Mr. KINGSTON changed his vote Speaker, on rollcall No. 114 I was un- Kline Ney Sherman from ‘‘nay’’ to ‘‘yea.’’ Knollenberg Northup Sherwood avoidably detained at an energy meet- Kolbe Norwood Shimkus So (two-thirds of those voting having ing. Had I been present, I would have Kuhl (NY) Nunes Shuster responded in the affirmative) the rules noted ‘‘yea.’’ LaHood Oberstar Simmons were suspended and the bill was passed. Langevin Obey Simpson The result of the vote was announced f Lantos Olver Skelton Larsen (WA) Ortiz Slaughter as above recorded. FEDERAL ENERGY PRICE Larson (CT) Owens Smith (NJ) A motion to reconsider was laid on LaTourette Oxley Smith (TX) PROTECTION ACT OF 2006 Leach Pallone the table. Smith (WA) Lee Pascrell Stated for: The SPEAKER pro tempore. The Snyder Levin Pastor pending business is the question of sus- Sodrel Mr. TURNER. Mr. Speaker, on rollcall No. Lewis (CA) Payne 115, I was inadvertently detained. Had I been pending the rules and passing the bill, Lewis (GA) Pelosi Solis Lewis (KY) Peterson (MN) Souder present, I would have voted ‘‘yea.’’ H.R. 5253. Spratt Linder Peterson (PA) f The Clerk read the title of the bill. Lipinski Petri Stark Stearns The SPEAKER pro tempore. The LoBiondo Pickering REFINERY PERMIT PROCESS question is on the motion offered by Lofgren, Zoe Platts Strickland Stupak SCHEDULE ACT the gentleman from Texas (Mr. BAR- Lowey Pombo Lucas Pomeroy Sweeney The SPEAKER pro tempore. The TON) that the House suspend the rules Lynch Porter Tancredo and pass the bill, H.R. 5253, on which Mack Price (GA) Tanner pending business is the question of sus- the yeas and nays are ordered. Maloney Price (NC) Tauscher pending the rules and passing the bill, Manzullo Pryce (OH) Taylor (MS) H.R. 5254. This will be a 5-minute vote. Marchant Putnam Taylor (NC) The vote was taken by electronic de- Markey Radanovich Terry The Clerk read the title of the bill. vice, and there were—yeas 389, nays 34, Marshall Rahall Thomas The SPEAKER pro tempore. The not voting 9, as follows: Matheson Ramstad Thompson (CA) question is on the motion offered by Matsui Rangel Thompson (MS) the gentleman from Texas (Mr. BAR- [Roll No. 115] McCarthy Regula Thornberry TON) that the House suspend the rules YEAS—389 McCaul (TX) Rehberg Tiahrt McCollum (MN) Reichert Tiberi and pass the bill, H.R. 5254, on which Abercrombie Chocola Gilchrest McCotter Renzi Tierney Ackerman Clay Gillmor the yeas and nays are ordered. McCrery Reyes Towns Aderholt Cleaver Gohmert This will be a 5-minute vote. McDermott Reynolds Udall (CO) Alexander Clyburn Gonzalez McGovern Rogers (AL) Udall (NM) The vote was taken by electronic de- Allen Coble Goode McHugh Rogers (KY) Upton vice, and there were—yeas 237, nays Andrews Cole (OK) Goodlatte McIntyre Rogers (MI) Baca Conyers Gordon Van Hollen 188, not voting 7, as follows: McKeon Ros-Lehtinen Vela´ zquez Bachus Cooper Granger McKinney Ross [Roll No. 116] Baird Costa Graves Visclosky McMorris Rothman Walden (OR) YEAS—237 Baldwin Costello Green (WI) McNulty Roybal-Allard Walsh Barrett (SC) Cramer Green, Al Meehan Royce Aderholt Dent Issa Wamp Barrow Crenshaw Green, Gene Meek (FL) Ruppersberger Akin Diaz-Balart, L. Istook Wasserman Bartlett (MD) Crowley Grijalva Meeks (NY) Rush Alexander Diaz-Balart, M. Jenkins Schultz Barton (TX) Cubin Gutierrez Melancon Ryan (OH) Bachus Doolittle Jindal Waters Bass Cuellar Gutknecht Mica Ryan (WI) Baker Drake Johnson (CT) Watson Bean Cummings Hall Michaud Ryun (KS) Barrett (SC) Dreier Johnson (IL) Beauprez Davis (AL) Harman Millender- Salazar Watt Barrow Duncan Johnson, Sam Becerra Davis (CA) Harris McDonald Sa´ nchez, Linda Waxman Bartlett (MD) Edwards Jones (NC) Berkley Davis (FL) Hart Miller (FL) T. Weiner Barton (TX) Ehlers Keller Berman Davis (IL) Hastings (FL) Miller (MI) Sanchez, Loretta Weldon (FL) Bass Emerson Kelly Berry Davis (KY) Hastings (WA) Miller (NC) Sanders Weldon (PA) Beauprez English (PA) Kennedy (MN) Biggert Davis (TN) Hayes Miller, George Saxton Weller Biggert Everett King (IA) Bilirakis Davis, Jo Ann Hayworth Mollohan Schakowsky Wexler Bilirakis Feeney King (NY) Bishop (GA) Davis, Tom Hefley Moore (KS) Schiff Whitfield Bishop (UT) Ferguson Kingston Bishop (NY) Deal (GA) Herger Moore (WI) Schmidt Wicker Blackburn Flake Kirk Bishop (UT) DeFazio Herseth Moran (KS) Schwartz (PA) Wilson (NM) Blunt Foley Kline Blackburn DeGette Higgins Moran (VA) Schwarz (MI) Wolf Boehlert Forbes Knollenberg Blumenauer Delahunt Hinchey Murphy Scott (GA) Woolsey Boehner Fortenberry Kolbe Blunt DeLauro Hinojosa Murtha Scott (VA) Wu Bonilla Fossella Kuhl (NY) Boehlert Dent Hobson Myrick Sensenbrenner Wynn Bonner Foxx LaHood Boehner Diaz-Balart, L. Holden Nadler Serrano Young (AK) Bono Franks (AZ) Latham Bonilla Diaz-Balart, M. Holt Napolitano Shaw Young (FL) Boozman Frelinghuysen LaTourette Bonner Dicks Honda Boren Gallegly Leach Bono Dingell Hooley NAYS—34 Boustany Garrett (NJ) Lewis (CA) Boozman Doggett Hoyer Boyd Gerlach Lewis (KY) Akin Hoekstra Paul Boren Doolittle Hulshof Bradley (NH) Gibbons Linder Burton (IN) Hostettler Boswell Doyle Hunter Pearce Brady (TX) Gilchrest LoBiondo Campbell (CA) Johnson, Sam Boucher Drake Hyde Pence Brown (SC) Gillmor Lucas Cannon King (IA) Boustany Dreier Inglis (SC) Pitts Brown-Waite, Gingrey Lungren, Daniel Conaway Kucinich Boyd Duncan Inslee Poe Ginny Gohmert E. Culberson Lungren, Daniel Bradley (NH) Edwards Israel Rohrabacher Burgess Goode Lynch Feeney E. Brady (PA) Ehlers Issa Sessions Burton (IN) Goodlatte Mack Flake McHenry Brady (TX) Emanuel Istook Shadegg Calvert Granger Manzullo Franks (AZ) Miller, Gary Brown (OH) Emerson Jackson (IL) Sullivan Camp (MI) Graves Marchant Garrett (NJ) Musgrave Brown (SC) Engel Jackson-Lee Westmoreland Campbell (CA) Green (WI) Marshall Gingrey Neugebauer Brown, Corrine English (PA) (TX) Wilson (SC) Cannon Green, Gene McCaul (TX) Hensarling Otter Brown-Waite, Eshoo Jefferson Cantor Gutknecht McCotter Ginny Etheridge Jenkins NOT VOTING—9 Capito Hall McCrery Burgess Everett Jindal Carter Harris McHenry Butterfield Farr Johnson (CT) Baker Evans Osborne Castle Hart McHugh Calvert Fattah Johnson (IL) Buyer Latham Sabo Chabot Hastings (WA) McKeon Camp (MI) Ferguson Johnson, E. B. DeLay Nussle Turner Chocola Hayes McMorris Cantor Filner Jones (NC) Coble Hayworth Melancon Capito Fitzpatrick (PA) Jones (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole (OK) Hefley Mica Capps Foley Kanjorski The SPEAKER pro tempore (during Conaway Hensarling Miller (FL) Capuano Forbes Kaptur the vote). Members are advised that Costello Herger Miller (MI) Cardin Ford Keller Crenshaw Herseth Miller, Gary Cardoza Fortenberry Kelly there are 2 minutes remaining in this Cubin Hobson Moran (KS) Carnahan Fossella Kennedy (MN) vote. Cuellar Hoekstra Murphy Carson Foxx Kennedy (RI) Culberson Holden Musgrave Carter Frank (MA) Kildee Davis (KY) Hostettler Myrick Case Frelinghuysen Kilpatrick (MI) b 1457 Davis (TN) Hulshof Neugebauer Castle Gallegly Kind Davis, Jo Ann Hunter Ney Chabot Gerlach King (NY) Mr. HOEKSTRA changed his vote Davis, Tom Hyde Northup Chandler Gibbons Kingston from ‘‘yea’’ to ‘‘nay.’’ Deal (GA) Inglis (SC) Norwood

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Nunes Rogers (KY) Sweeney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE TITLE II—SLOWING THE REVOLVING Otter Rogers (MI) Tancredo The SPEAKER pro tempore (Mr. LIN- DOOR Oxley Rohrabacher Taylor (NC) Sec. 201. Notification of post-employment Paul Ros-Lehtinen Terry DER) (during the vote). Members are ad- restrictions. Pearce Royce Thomas vised there are 2 minutes remaining in Sec. 202. Disclosure by Members of the Pence Ryan (WI) Thornberry this vote. Peterson (PA) Ryun (KS) Tiahrt House of Representatives of em- Petri Saxton Tiberi b 1506 ployment negotiations. Sec. 203. Wrongfully influencing, on a par- Pickering Schmidt Turner Mr. BOYD changed his vote from Pitts Schwarz (MI) Upton tisan basis, an entity’s employ- Platts Sensenbrenner Walden (OR) ‘‘nay’’ to ‘‘yea.’’ ment decisions or practices. Poe Sessions Walsh So (two-thirds of those voting having TITLE III—SUSPENSION OF PRIVATELY- Pombo Shadegg Wamp not responded in the affirmative) the FUNDED TRAVEL; CURBING LOBBYIST Porter Shaw Weldon (FL) motion was rejected. GIFTS Price (GA) Sherwood Weldon (PA) The result of the vote was announced Pryce (OH) Shimkus Weller Sec. 301. Suspension of privately-funded Putnam Shuster Westmoreland as above recorded. travel. Radanovich Simmons Whitfield f Sec. 302. Recommendations on gifts and Ramstad Simpson Wicker travel. Regula Smith (NJ) Wilson (NM) LOBBYING ACCOUNTABILITY AND Sec. 303. Prohibiting registered lobbyists on Rehberg Smith (TX) Wilson (SC) TRANSPARENCY ACT OF 2006 corporate flights. Reichert Sodrel Wolf Sec. 304. Valuation of tickets to sporting Renzi Souder Young (AK) The SPEAKER pro tempore. Pursu- and entertainment events. Reynolds Stearns Young (FL) ant to House Resolution 783 and rule TITLE IV—OVERSIGHT OF LOBBYING Rogers (AL) Sullivan XVIII, the Chair declares the House in AND ENFORCEMENT the Committee of the Whole House on Sec. 401. Audits of lobbying reports by NAYS—188 the State of the Union for the further House Inspector General. Abercrombie Gutierrez Olver consideration of the bill, H.R. 4975. Sec. 402. House Inspector General review and Ackerman Harman Ortiz annual reports. Allen Hastings (FL) b 1507 Owens TITLE V—INSTITUTIONAL REFORMS Andrews Higgins Pallone IN THE COMMITTEE OF THE WHOLE Baca Hinchey Pascrell Sec. 501. Earmarking reform. Baird Hinojosa Pastor Accordingly, the House resolved Sec. 502. Mandatory ethics training for Baldwin Holt Payne itself into the Committee of the Whole House employees. Bean Honda Pelosi House on the State of the Union for the Sec. 503. Biennial publication of ethics man- Becerra Hooley Peterson (MN) further consideration of the bill (H.R. ual. Berkley Hoyer Pomeroy 4975) to provide greater transparency TITLE VI—FORFEITURE OF RETIREMENT Berman Inslee Price (NC) BENEFITS Berry Israel Rahall with respect to lobbying activities, and Sec. 601. Loss of pensions accrued during Bishop (GA) Jackson (IL) Rangel for other purposes, with Mr. CHOCOLA service as a Member of Con- Bishop (NY) Jackson-Lee Reyes (Acting Chairman) in the chair. Blumenauer (TX) Ross gress for abusing the public Boswell Jefferson Rothman The Clerk read the title of the bill. trust. Boucher Johnson, E. B. Roybal-Allard The Acting CHAIRMAN. When the TITLE I—ENHANCING LOBBYING Jones (OH) Brady (PA) Ruppersberger Committee of the Whole rose earlier DISCLOSURE Brown (OH) Kanjorski Rush today, all time for general debate had SEC. 101. QUARTERLY FILING OF LOBBYING DIS- Brown, Corrine Kaptur Ryan (OH) expired. CLOSURE REPORTS. Butterfield Kennedy (RI) Salazar UARTERLY ILING EQUIRED Capps Kildee Sa´ nchez, Linda In lieu of the amendments rec- (a) Q F R .—Section Capuano Kilpatrick (MI) T. ommended by the Committees on the 5 of the Lobbying Disclosure Act of 1995 (in Cardin Kind Sanchez, Loretta Judiciary, Rules, and Government Re- this title referred to as the ‘‘Act’’) (2 U.S.C. Cardoza Kucinich Sanders form now printed in the bill, the 1604) is amended— Carnahan Langevin Schakowsky (1) in subsection (a)— Carson Lantos amendment in the nature of a sub- Schiff (A) in the heading, by striking ‘‘SEMI- Case Larsen (WA) Schwartz (PA) stitute consisting of the text of the ANNUAL’’ and inserting ‘‘QUARTERLY’’; Chandler Larson (CT) Scott (GA) Rules Committee print, dated April 21, Clay Lee (B) by striking ‘‘45’’ and inserting ‘‘20’’; Scott (VA) Cleaver Levin 2006, modified by the amendment print- (C) by striking ‘‘the semiannual period’’ Serrano Clyburn Lewis (GA) ed in part A of House Report 109–441, is and all that follows through ‘‘July of each Shays Conyers Lipinski year’’ and insert ‘‘the quarterly period begin- Sherman adopted. Cooper Lofgren, Zoe ning on the first day of January, April, July, Skelton The text of the amendment in the na- Costa Lowey Slaughter and October of each year’’; and Cramer Maloney ture of a substitute, as amended, is as Smith (WA) (D) by striking ‘‘such semiannual period’’ Crowley Markey follows: and insert ‘‘such quarterly period’’; and Cummings Snyder Matheson H.R. 4975 (2) in subsection (b)— Davis (AL) Matsui Solis Davis (CA) McCarthy Spratt SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) in the matter preceding paragraph (1), Davis (FL) McCollum (MN) Stark (a) SHORT TITLE.—This Act may be cited as by striking ‘‘semiannual report’’ and insert- Davis (IL) McDermott Strickland the ‘‘Lobbying Accountability and Trans- ing ‘‘quarterly report’’; DeFazio McGovern Stupak parency Act of 2006’’. (B) in paragraph (2), by striking ‘‘semi- Tanner DeGette McIntyre (b) TABLE OF CONTENTS.—The table of con- annual filing period’’ and inserting ‘‘quar- Delahunt McKinney Tauscher terly period’’; Taylor (MS) tents for this Act is as follows: DeLauro McNulty (C) in paragraph (3), by striking ‘‘semi- Thompson (CA) Sec. 1. Short title; table of contents. Dicks Meehan annual period’’ and inserting ‘‘quarterly pe- Dingell Thompson (MS) Meek (FL) TITLE I—ENHANCING LOBBYING riod’’; and Doggett Meeks (NY) Tierney DISCLOSURE Doyle Michaud Towns (D) in paragraph (4), by striking ‘‘semi- Emanuel Millender- Udall (CO) Sec. 101. Quarterly filing of lobbying disclo- annual filing period’’ and inserting ‘‘quar- Engel McDonald Udall (NM) sure reports. terly period’’. Eshoo Miller (NC) Van Hollen Sec. 102. Electronic filing of lobbying reg- (b) CONFORMING AMENDMENTS.— Etheridge Miller, George Vela´ zquez istrations and disclosure re- (1) DEFINITION.—Section 3(10) of the Act (2 Farr Mollohan Visclosky ports. U.S.C. 1602(10)) is amended by striking ‘‘six Fattah Moore (KS) Waters Sec. 103. Public database of lobbying disclo- month period’’ and inserting ‘‘3-month pe- Filner Moore (WI) Watson sure information. riod’’. Fitzpatrick (PA) Moran (VA) Watt Sec. 104. Disclosure by registered lobbyists (2) REGISTRATION.—Section 4 of the Act (2 Ford Murtha Waxman Frank (MA) Nadler Weiner of past executive branch and U.S.C. 1603) is amended— Gonzalez Napolitano Wexler congressional employment. (A) in subsection (a)(3)(A), by striking Gordon Neal (MA) Woolsey Sec. 105. Disclosure of lobbyist contribu- ‘‘semiannual period’’ and inserting ‘‘quar- Green, Al Oberstar Wu tions and gifts. terly period’’; and Grijalva Obey Wynn Sec. 106. Increased penalty for failure to (B) in subsection (b)(3)(A), by striking comply with lobbying disclo- ‘‘semiannual period’’ and inserting ‘‘quar- NOT VOTING—7 sure requirements. terly period’’. Buyer Nussle Wasserman Sec. 107. GAO study of employment con- (3) ENFORCEMENT.—Section 6(6) of the Act DeLay Osborne Schultz tracts of lobbyists. (2 U.S.C. 1605(6)) is amended by striking Evans Sabo

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‘‘semiannual period’’ and inserting ‘‘quar- other access charge, in a searchable, sort- OTHER ENTITIES.—Section 5 of the Act (2 terly period’’. able, and downloadable manner, an elec- U.S.C. 1604), as amended by section 102(b) of (4) ESTIMATES.—Section 15 of the Act (2 tronic database that— this Act, is amended by adding at the end U.S.C. 1610) is amended— ‘‘(A) includes the information contained in the following new subsection: (A) in subsection (a)(1), by striking ‘‘semi- registrations and reports filed under this ‘‘(e) FACTORS TO DETERMINE RELATIONSHIP annual period’’ and inserting ‘‘quarterly pe- Act; BETWEEN OFFICIALS AND OTHER ENTITIES.— riod’’; and ‘‘(B) directly links the information it con- ‘‘(1) IN GENERAL.—In determining under (B) in subsection (b)(1), by striking ‘‘semi- tains to the information disclosed in reports subsection (b)(7)(B) whether a covered legis- annual period’’ and inserting ‘‘quarterly pe- filed with the Federal Election Commission lative branch official directly or indirectly riod’’. under section 304 of the Federal Election established, finances, maintains, or controls (5) DOLLAR AMOUNTS.— Campaign Act of 1971 (2 U.S.C. 434); and an entity, the factors described in paragraph (A) REGISTRATION.—Section 4 of the Act (2 ‘‘(C) is searchable and sortable, at a min- (2) shall be examined in the context of the U.S.C. 1603) is amended— imum, by each of the categories of informa- overall relationship between that covered of- (i) in subsection (a)(3)(A)(i), by striking tion described in sections 4(b) and 5(b).’’. ficial and the entity to determine whether ‘‘$5,000’’ and inserting ‘‘$2,500’’; (b) AVAILABILITY OF REPORTS.—Section 6(4) the presence of any such factor or factors is (ii) in subsection (a)(3)(A)(ii), by striking of the Act is amended by inserting before the evidence that the covered official directly or ‘‘$20,000’’ and inserting ‘‘$10,000’’; semicolon the following: ‘‘and, in the case of indirectly established, finances, maintains, (iii) in subsection (b)(3)(A), by striking a registration filed in electronic form pursu- or controls the entity. ‘‘$10,000’’ and inserting ‘‘$5,000’’; and ant to section 4(d) or a report filed in elec- ‘‘(2) FACTORS.—The factors referred to in (iv) in subsection (b)(4), by striking tronic form pursuant to section 5(d), shall paragraph (1) include, but are not limited to, ‘‘$10,000’’ and inserting ‘‘$5,000’’. make such registration or report (as the case the following: (B) REPORTS.—Section 5(c) of the Act (2 may be) available for public inspection over ‘‘(A) Whether the covered official, directly U.S.C. 1604(c)) is amended— the Internet not more than 48 hours after the or through its agent, owns a controlling in- (i) in paragraph (1), by striking ‘‘$10,000’’ registration or report (as the case may be) is terest in the voting stock or securities of the and ‘‘$20,000’’ and inserting ‘‘$5,000’’ and approved as received by the Secretary of the entity. ‘‘$1,000’’, respectively; and Senate or the Clerk of the House of Rep- ‘‘(B) Whether the covered official, directly (ii) in paragraph (2), by striking ‘‘$10,000’’ resentatives (as the case may be)’’. or through its agent, has the authority or both places such term appears and inserting (c) AUTHORIZATION OF APPROPRIATIONS.— ability to direct or participate in the govern- ‘‘$5,000’’. There are authorized to be appropriated such ance of the entity through provisions of con- sums as may be necessary to carry out para- SEC. 102. ELECTRONIC FILING OF LOBBYING stitutions, bylaws, contracts, or other rules, REGISTRATIONS AND DISCLOSURE graph (9) of section 6 of the Act, as added by REPORTS. subsection (a) of this section. or through formal or informal practices or procedures. (a) REGISTRATIONS.—Section 4 of the Act (2 SEC. 104. DISCLOSURE BY REGISTERED LOBBY- U.S.C. 1603) is amended— ISTS OF PAST EXECUTIVE BRANCH ‘‘(C) Whether the covered official, directly (1) by redesignating subsection (d) as sub- AND CONGRESSIONAL EMPLOY- or through its agent, has the authority or section (e); and MENT. ability to hire, appoint, demote, or otherwise (2) by inserting after subsection (c) the fol- Section 4(b)(6) of the Act (2 U.S.C. control the officers or other decisionmaking lowing: 1603(b)(6)) is amended by striking ‘‘2 years’’ employees or members of the entity. ‘‘(d) ELECTRONIC FILING REQUIRED.—A reg- and inserting ‘‘7 years’’. ‘‘(D) Whether the covered official has a istration required to be filed under this sec- SEC. 105. DISCLOSURE OF LOBBYIST CONTRIBU- common or overlapping membership with tion on or after the date of enactment of the TIONS AND GIFTS. the entity that indicates a formal or ongoing Lobbying Accountability and Transparency (a) IN GENERAL.—Section 5(b) of the Act (2 relationship between the covered official and Act of 2006 shall be filed in electronic form, U.S.C. 1604(b)) is amended— the entity. in addition to any other form that may be (1) in paragraph (3), by striking ‘‘and’’ ‘‘(E) Whether the covered official has com- required by the Secretary of the Senate or after the semicolon; mon or overlapping officers or employees the Clerk of the House of Representatives. (2) in paragraph (4), by striking the period with the entity that indicates a formal or The due date for a registration filed in elec- and inserting a semicolon; and ongoing relationship between the covered of- tronic form shall be no later than the due (3) by adding at the end the following: ficial and the entity. date for a registration filed in any other ‘‘(5) for each registrant (and for any polit- ‘‘(F) Whether the covered official has any form.’’. ical committee, as defined in 301(4) of the members, officers, or employees who were (b) REPORTS.—Section 5 of the Act (2 U.S.C. Federal Election Campaign Act of 1971 (2 members, officers, or employees of the entity 1604) is amended by adding at the end the fol- U.S.C. 431(4)), affiliated with the registrant), that indicates a formal or ongoing relation- lowing: and for each employee listed as a lobbyist by ship between the covered official and the en- ‘‘(d) ELECTRONIC FILING REQUIRED.— the registrant under paragraph (2)(C), the tity, or that indicates the creation of a suc- ‘‘(1) IN GENERAL.—A report required to be name of each Federal candidate or office- cessor entity. filed under this section shall be filed in elec- holder, and of each leadership PAC, political ‘‘(G) Whether the covered official, directly tronic form, in addition to any other form party committee, or other political com- or through its agent, provides funds or goods that may be required by the Secretary of the mittee to whom a contribution was made in a significant amount or on an ongoing Senate or the Clerk of the House of Rep- which is required to be reported to the Fed- basis to the entity, such as through direct or resentatives. The due date for a report filed eral Election Commission by the recipient, indirect payments for administrative, fund- in electronic form shall be no later than the and the date and amount of such contribu- raising, or other costs. due date for a report filed in any other form, tion; ‘‘(H) Whether the covered official, directly except as provided in paragraph (2). ‘‘(6) the date, recipient, and amount of any or through its agent, causes or arranges for ‘‘(2) EXTENSION OF TIME TO FILE IN ELEC- gift that under the Rules of the House of funds in a significant amount or on an ongo- TRONIC FORM.—The Secretary of the Senate Representatives counts towards the cumu- ing basis to be provided to the entity. or the Clerk of the House of Representatives lative annual limit described in such rules may establish a later due date for the filing ‘‘(I) Whether the covered official, directly of a report in electronic form by a reg- and is given to a covered legislative branch or through its agent, had an active or signifi- istrant, if and only if— official by the registrant or an employee cant role in the formation of the entity. ‘‘(A) on or before the original due date, the listed as a lobbyist by the registrant under ‘‘(J) Whether the covered official and the registrant— paragraph (2)(C); and entity have similar patterns of receipts or ‘‘(i) timely files the report in every form ‘‘(7) the date, recipient, and amount of disbursements that indicate a formal or on- required, other than electronic form; and funds contributed by the registrant or an going relationship between the covered offi- ‘‘(ii) makes a request for such a later due employee listed as a lobbyist by the reg- cial and the entity.’’. date to the Secretary or the Clerk, as the istrant under paragraph (2)(C)— (c) CONFORMING AMENDMENT.—Section 3 of case may be; and ‘‘(A) to, or on behalf of, an entity that is the Act (2 U.S.C. 1602) is amended by adding ‘‘(B) the request is supported by good cause named for a covered legislative branch offi- at the end the following new paragraphs: shown.’’. cial, or to a person or entity in recognition ‘‘(17) GIFT.—The term ‘gift’ means a gra- SEC. 103. PUBLIC DATABASE OF LOBBYING DIS- of such official; or tuity, favor, discount, entertainment, hospi- CLOSURE INFORMATION. ‘‘(B) to an entity established, financed, tality, loan, forbearance, or other item hav- (a) DATABASE REQUIRED.—Section 6 of the maintained, or controlled by a covered legis- ing monetary value. The term includes gifts Act (2 U.S.C. 1605) is amended— lative branch official; of services, training, and meals, whether pro- (1) in paragraph (7), by striking ‘‘and’’ at except that this paragraph shall not apply to vided in kind, by purchase of a ticket, pay- the end; any payment or reimbursement made from ment in advance, or reimbursement after the (2) in paragraph (8), by striking the period funds required to be reported under section expense has been incurred. and inserting ‘‘; and’’; and 304 of the Federal Election Campaign Act of ‘‘(18) LEADERSHIP PAC.—The term ‘leader- (3) by adding at the end the following: 1971 (2 U.S.C. 434).’’. ship PAC’ means, with respect to an indi- ‘‘(9) maintain, and make available to the (b) FACTORS TO BE CONSIDERED TO DETER- vidual holding Federal office, an unauthor- public over the Internet, without a fee or MINE RELATIONSHIP BETWEEN OFFICIALS AND ized political committee (as defined in the

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(1) by striking ‘‘Whoever’’ and inserting TITLE III—SUSPENSION OF PRIVATELY- TITLE IV—OVERSIGHT OF LOBBYING AND ‘‘(a) CIVIL PENALTY.—Whoever’’; FUNDED TRAVEL; CURBING LOBBYIST ENFORCEMENT (2) by striking ‘‘$50,000’’ and inserting GIFTS SEC. 401. AUDITS OF LOBBYING REPORTS BY ‘‘$100,000’’; and SEC. 301. SUSPENSION OF PRIVATELY-FUNDED HOUSE INSPECTOR GENERAL. (3) by adding at the end the following: TRAVEL. (a) ACCESS TO LOBBYING REPORTS.—The Of- ‘‘(b) CRIMINAL PENALTY.— Notwithstanding clause 5 of rule XXV of fice of Inspector General of the House of Rep- ‘‘(1) IN GENERAL.—Whoever knowingly and the Rules of the House of Representatives, resentatives shall have access to all lobby- willfully fails to comply with any provision no Member, Delegate, Resident Commis- ists’ disclosure information received by the of this Act shall be imprisoned not more sioner, officer, or employee of the House may Clerk of the House of Representatives under than 3 years, or fined under title 18, United accept a gift of travel (including any trans- the Lobbying Disclosure Act of 1995 and shall States Code, or both. portation, lodging, and meals during such conduct random audits of lobbyists’ disclo- ‘‘(2) CORRUPTLY.—Whoever knowingly, travel) from any private source. sure information as necessary to ensure com- willfully, and corruptly fails to comply with pliance with that Act. any provision of this Act shall be imprisoned SEC. 302. RECOMMENDATIONS FROM THE COM- MITTEE ON STANDARDS OF OFFI- (b) REFERRAL AUTHORITY.—The Office of not more than 5 years, or fined under title 18, CIAL CONDUCT ON GIFTS AND TRAV- the Inspector General of the House of Rep- United States Code, or both.’’. EL. resentatives may refer potential violations TITLE II—SLOWING THE REVOLVING Not later than December 15, 2006, the Com- by lobbyists of the Lobbying Disclosure Act DOOR mittee on Standards of Official Conduct of 1995 to the Department of Justice for dis- SEC. 201. NOTIFICATION OF POST-EMPLOYMENT shall report its recommendations on changes ciplinary action. RESTRICTIONS. to rule XXV of the Rules of the House of SEC. 402. HOUSE INSPECTOR GENERAL REVIEW Section 207(e) of title 18, United States Representatives to the Committee on Rules. AND ANNUAL REPORTS. Code, is amended by adding at the end the In developing such recommendations, the (a) ONGOING REVIEW REQUIRED.—The In- following new paragraph: Committee on Standards of Official Conduct spector General of the House of Representa- ‘‘(8) NOTIFICATION OF POST-EMPLOYMENT RE- shall consider the following: tives shall review on an ongoing basis the ac- STRICTIONS.—After a Member of the House of (1) The ability of the current provisions of tivities carried out by the Clerk of the House Representatives or an elected officer of the rule XXV to protect the House, its Members, of Representatives under section 6 of the House of Representatives leaves office, or officers, and employees, from the appearance Lobbying Disclosure Act of 1995 (2 U.S.C. after the termination of employment with of impropriety. 1605). The review shall emphasize— the House of Representatives of an employee (2) With respect to the allowance for pri- (1) the effectiveness of those activities in of the House of Representatives covered vately-funded travel contained in clause 5(b) securing the compliance by lobbyists with under paragraph (2), (3), or (4), the Clerk of of rule XXV— the requirements of that Act; and the House of Representatives, after consulta- (A) the degree to which privately-funded (2) whether the Clerk has the resources and tion with the Committee on Standards of Of- travel meets the representational needs of authorities needed for effective oversight ficial Conduct, shall inform the Member, of- the House, its Members, officers, and em- and enforcement of that Act. ficer, or employee of the beginning and end- ployees; (b) ANNUAL REPORTS.—Not later than De- ing date of the prohibitions that apply to the (B) whether certain entities should or cember 31 of each year, the Inspector Gen- Member, officer, or employee under this sub- should not be permitted to fund the travel of eral of the House of Representatives shall section, and also inform each office of the the Members, officers, and employees of the submit to the House of Representatives a re- House of Representatives with respect to House, what sources of funding may be per- port on the review required by subsection which such prohibitions apply of those missible, and what other individuals may (a). The report shall include the Inspector dates.’’. participate in that travel; and General’s assessment of the matters required (C) the adequacy of the current system of to be emphasized by that subsection and any SEC. 202. DISCLOSURE BY MEMBERS OF THE recommendations of the Inspector General HOUSE OF REPRESENTATIVES OF approval and disclosure of such travel. EMPLOYMENT NEGOTIATIONS. (3) With respect to the exceptions to the to— The Code of Official Conduct set forth in limitation on the acceptance of gifts con- (1) improve the compliance by lobbyists rule XXIII of the Rules of the House of Rep- tained in clause 5(a)— with the requirements of the Lobbying Dis- resentatives is amended by redesignating (A) the degree to which those exceptions closure Act of 1995; and clause 14 as clause 15 and by inserting after meet the representational and personal (2) provide the Clerk of the House of Rep- clause 13 the following new clause: needs of the House, its Members, officers, resentatives with the resources and authori- ‘‘14. (a) A Member, Delegate, or Resident and employees; ties needed for effective oversight and en- Commissioner shall file with the Committee (B) the clarity of the limitation and its ex- forcement of that Act. on Standards of Official Conduct a statement ceptions; and TITLE V—INSTITUTIONAL REFORMS that he or she is negotiating compensation (C) the suitability of the current dollar SEC. 501. EARMARKING REFORM. for prospective employment or has any ar- limitations contained in clause 5(a)(1)(B) of (a) In the House of Representatives, it rangement concerning prospective employ- such rule, including whether such limita- shall not be in order to consider— ment if a conflict of interest or the appear- tions should be lowered. (1) a general appropriation bill reported by ance of a conflict of interest may exist. Such SEC. 303. PROHIBITING REGISTERED LOBBYISTS the Committee on Appropriations unless the statement shall be made within 5 days (other ON CORPORATE FLIGHTS. report includes a list of earmarks in the bill than Saturdays, Sundays, or public holidays) The Lobbying Disclosure Act of 1995 is or in the report (and the names of Members after commencing the negotiation for com- amended by inserting after section 5 the fol- who submitted requests to the Committee on pensation or entering into the arrangement. lowing new section: Appropriations for earmarks included in ‘‘(b) A Member, Delegate, or Resident Com- ‘‘SEC. 5A. PROHIBITING REGISTERED LOBBYISTS such list); or missioner should refrain from voting on any ON CORPORATE FLIGHTS. (2) a conference report to accompany a legislative measure pending before the House ‘‘If a Representative in, or Delegate or general appropriation bill unless the joint or any committee thereof if the negotiation Resident Commissioner to, the Congress, or explanatory statement prepared by the man- described in subparagraph (a) may create a an officer or employee of the House of Rep- agers on the part of the House and the man- conflict of interest.’’. resentatives, is a passenger or crew member agers on the part of the Senate includes a SEC. 203. WRONGFULLY INFLUENCING, ON A PAR- on a flight of an aircraft that is not licensed list of earmarks in the conference report or TISAN BASIS, AN ENTITY’S EMPLOY- by the Federal Aviation Administration to joint statement (and the names of Members MENT DECISIONS OR PRACTICES. operate for compensation or hire and that is who submitted requests to the Committee on The Code of Official Conduct set forth in owned or operated by a person who is the cli- Appropriations for earmarks included in rule XXIII of the Rules of the House of Rep- ent of a lobbyist or a lobbying firm, then such list) that were— resentatives (as amended by section 202) is such lobbyist may not be a passenger or crew (A) not committed to the conference com- further amended by redesignating clause 15 member on that flight.’’. mittee by either House; as clause 16 and by inserting after clause 14 SEC. 304. VALUATION OF TICKETS TO SPORTING (B) not in the report specified in paragraph the following new clause: AND ENTERTAINMENT EVENTS. (1); and ‘‘15. A Member, Delegate, Resident Com- Clause 5(a)(2)(A) of rule XXV of the Rules (C) not in a report of a committee of the missioner, officer, or employee of the House of the House of Representatives is amended Senate on a companion measure. may not, with the intent to influence on the by— (b) In the House of Representatives, it basis of political party affiliation an employ- (1) inserting ‘‘(i)’’ after ‘‘(A)’’; and shall not be in order to consider a rule or

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.033 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2035 order that waives the application of sub- quired to complete such ethics training until ‘‘(B) An offense described in this subpara- section (a)(2). 30 days after the district office has received graph is only the following, and only to the (c)(1) A point of order raised under sub- a notice from the Committee on Standards of extent that the offense is a felony under title section (a)(1) may be based only on the fail- Official Conduct that the required ethics 18: ure of a report of the Committee on Appro- training program is available on the Inter- ‘‘(i) An offense under section 201 of title 18 priations to include the list required by sub- net. (bribery of public officials and witnesses). section (a)(1). ‘‘(2) After any employee of the House com- ‘‘(ii) An offense under section 219 of title 18 (2) As disposition of a point of order under pletes such ethics training, that employee (officers and employees acting as agents of subsection (a), the Chair shall put the ques- shall file a written certification with the foreign principals). tion of consideration with respect to the committee that he is familiar with the con- ‘‘(iii) An offense under section 371 of title proposition that is the subject of the point of tents of any pertinent publications that are 18 (conspiracy to commit offense or to de- order. so designated by the committee and has fraud United States) to the extent of any (3) As disposition of a point of order under completed the required ethics training. conspiracy to commit an act which con- subsection (b) with respect to a rule or order ‘‘(3) As used in this paragraph, the term stitutes an offense under clause (i) or (ii). relating to a conference report, the Chair ‘employee of the House’ refers to any indi- ‘‘(3) An individual convicted of an offense shall put the question of consideration as vidual whose compensation is disbursed by described in paragraph (2) shall not, after the follows: ‘‘Shall the House now consider the the Chief Administrative Officer, including date of the final conviction, be eligible to resolution notwithstanding the assertion of any staff assigned to a Member’s personal of- participate in the retirement system under [the maker of the point of order] that the ob- fice, any staff of a committee or leadership this subchapter or chapter 84 while serving ject of the resolution introduces a new ear- office, or any employee of the Office of the as a Member. mark or new earmarks?’’. Clerk, of the Office of the Chief Administra- ‘‘(4) The Office of Personnel Management (4) The question of consideration under tive Officer, or of the Sergeant-at-Arms, but shall prescribe any regulations necessary to this subsection shall be debatable for 15 min- does not include a Member, Delegate, or carry out this subsection. Such regulations utes by the Member initiating the point of Resident Commissioner.’’. shall include— order and for 15 minutes by an opponent, but (b) ETHICS TRAINING FOR MEMBERS, DELE- ‘‘(A) provisions under which interest on shall otherwise be decided without inter- GATES AND THE RESIDENT COMMISSIONER.— any lump-sum payment under the second vening motion except one that the House ad- Clause 3 of rule XI of the Rules of the House sentence of paragraph (1) shall be limited in journ. of Representatives is amended by inserting a manner similar to that specified in the last (d)(1) For the purpose of this resolution, the following new paragraph at the end: sentence of section 8316(b); and the term ‘‘earmark’’ means a provision in a ‘‘(s) The committee shall establish a pro- ‘‘(B) provisions under which the Office may bill or conference report, or language in an gram of regular ethics training for Members, provide for— accompanying committee report or joint Delegates, and the Resident Commissioner ‘‘(i) the payment, to the spouse or children statement of managers, providing or recom- similar to the program established in para- of any individual referred to in the first sen- mending a specific amount of discretionary graph (r), and encourage participation in tence of paragraph (1), of any amounts which budget authority to a non-Federal entity, if such program.’’. (but for this clause) would otherwise have such entity is specifically identified in the been nonpayable by reason of such first sen- report or bill; or if the discretionary budget SEC. 503. BIENNIAL PUBLICATION OF ETHICS MANUAL. tence, but only to the extent that the appli- authority is allocated outside of the normal cation of this clause is considered necessary formula-driven or competitive bidding proc- Within 120 days after the date of enact- given the totality of the circumstances; and ess and is targeted or directed to an identifi- ment of this Act and during each Congress ‘‘(ii) an appropriate adjustment in the able person, specific State, or congressional thereafter, the Committee on Standards of amount of any lump-sum payment under the district. Official Conduct shall publish an up-to-date (2) For the purpose of subsection (a), gov- ethics manual for Members, officers, and em- second sentence of paragraph (1) to reflect ernment-sponsored enterprises, Federal fa- ployees of the House of Representatives and the application of clause (i). cilities, and Federal lands shall be consid- make such manual available to all such indi- ‘‘(5) For purposes of this subsection— ered Federal entities. viduals. The committee has a duty to keep ‘‘(A) the term ‘Member’ has the meaning (3) For the purpose of subsection (a), to the all Members, Delegates, the Resident Com- given such term by section 2106, notwith- extent that the non-Federal entity is a State missioner, officers, and employees of the standing section 8331(2); and or territory, an Indian tribe, a foreign gov- House of Representatives apprised of current ‘‘(B) the term ‘child’ has the meaning ernment or an intergovernmental inter- rulings or advisory opinions when poten- given such term by section 8341.’’. (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- national organization, the provision or lan- tially constituting changes to or interpreta- TEM.—Section 8411 of title 5, United States guage shall not be considered an earmark tions of existing policies. unless the provision or language also speci- Code, is amended by adding at the end the TITLE VI—FORFEITURE OF RETIREMENT fies the specific purpose for which the des- following: BENEFITS ignated budget authority is to be expended. ‘‘(l)(1) Notwithstanding any other provi- SEC. 502. MANDATORY ETHICS TRAINING FOR SEC. 601. LOSS OF PENSIONS ACCRUED DURING sion of this chapter, the service of an indi- HOUSE EMPLOYEES. SERVICE AS A MEMBER OF CON- vidual finally convicted of an offense de- GRESS FOR ABUSING THE PUBLIC (a) MANDATORY ETHICS TRAINING FOR HOUSE scribed in paragraph (2) shall not be taken TRUST. EMPLOYEES.— into account for purposes of this chapter, ex- (a) CIVIL SERVICE RETIREMENT SYSTEM.— (1) CHIEF ADMINISTRATIVE OFFICER.—Clause cept that this sentence applies only to serv- 4 of rule II of the Rules of the House of Rep- Section 8332 of title 5, United States Code, is ice rendered as a Member (irrespective of resentatives is amended by inserting the fol- amended by adding at the end the following: when rendered). Any such individual (or lowing new paragraph at the end: ‘‘(o)(1) Notwithstanding any other provi- other person determined under section ‘‘(d) The Chief Administrative Officer may sion of this subchapter, the service of an in- 8424(d), if applicable) shall be entitled to be not pay any compensation to any employee dividual finally convicted of an offense de- paid so much of such individual’s lump-sum of the House with respect to any pay period scribed in paragraph (2) shall not be taken credit as is attributable to service to which during which the employee, as determined by into account for purposes of this subchapter, the preceding sentence applies. the Committee on Standards of Official Con- except that this sentence applies only to ‘‘(2) An offense described in this paragraph duct, is not in compliance with the applica- service rendered as a Member (irrespective of is any offense described in section ble requirements of regulations promulgated when rendered). Any such individual (or 8332(o)(2)(B) for which the following apply: pursuant to clause 3(r) of Rule XI. ’’. other person determined under section ‘‘(A) Every act or omission of the indi- (2) MANDATORY ETHICS TRAINING PRO- 8342(c), if applicable) shall be entitled to be vidual (referred to in paragraph (1)) that is GRAM.—Clause 3 of rule XI of the Rules of the paid so much of such individual’s lump-sum needed to satisfy the elements of the offense House of Representatives is amended by add- credit as is attributable to service to which occurs while the individual is a Member. ing at the end the following: the preceding sentence applies. ‘‘(B) Every act or omission of the indi- ‘‘(r) The committee shall establish a pro- ‘‘(2)(A) An offense described in this para- vidual that is needed to satisfy the elements gram of regular ethics training for employ- graph is any offense described in subpara- of the offense directly relates to the per- ees of the House and promulgate regulations graph (B) for which the following apply: formance of the individual’s official duties as providing for the following: ‘‘(i) Every act or omission of the individual a Member. ‘‘(1)(A) Except as otherwise provided, all (referred to in paragraph (1)) that is needed ‘‘(C) The offense is committed after the employees of the House are required to com- to satisfy the elements of the offense occurs date of enactment of this subsection. plete ethics training offered by the com- while the individual is a Member. ‘‘(3) An individual finally convicted of an mittee at least once during each congress. ‘‘(ii) Every act or omission of the indi- offense described in paragraph (2) shall not, Any employee who is hired after the date of vidual that is needed to satisfy the elements after the date of the conviction, be eligible adoption of such rules is required to com- of the offense directly relates to the per- to participate in the retirement system plete such training within 30 days of being formance of the individual’s official duties as under this chapter while serving as a Mem- hired. a Member. ber. ‘‘(B) Any employee of the House who works ‘‘(iii) The offense is committed after the ‘‘(4) The Office of Personnel Management in a Member’s district office shall not be re- date of enactment of this subsection. shall prescribe any regulations necessary to

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.033 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2036 CONGRESSIONAL RECORD — HOUSE May 3, 2006 carry out this subsection. Such regulations tlewoman from California (Ms. ZOE rupt lobbyists that knowingly violate shall include— LOFGREN) each will control 5 minutes. disclosure requirements. The amend- ‘‘(A) provisions under which interest on The Chair recognizes the gentleman ment would strike out provisions in any lump-sum payment under the second from Texas. the bill that were agreed to by the Ju- sentence of paragraph (1) shall be limited in Mr. GOHMERT. Mr. Chairman, I a manner similar to that specified in the last diciary Committee that would hold sentence of section 8316(b); and yield myself such time as I may con- lobbyists criminally responsible for ‘‘(B) provisions under which the Office may sume. violating the Lobbying Disclosure Act provide for— I have this amendment to this bill. of 1995 by failing to disclose their con- ‘‘(i) the payment, to the spouse or children This is a bill that requires administra- tacts with Members of Congress with of any individual referred to in the first sen- tive reporting requirements. There are criminal intent and replace them with tence of paragraph (1), of any amounts which a myriad of things this bill requires, finds. (but for this clause) would otherwise have and we have chosen, apparently, to try The provision in the base text estab- been nonpayable by reason of such first sen- to criminalize administrative conduct. lishes criminal penalties for whoever tence, but only to the extent that the appli- knowingly and willfully or knowingly, cation of this clause is considered necessary Innocent mistakes will allow people given the totality of the circumstances; and to be taken off in handcuffs and have willfully and corruptly fails to comply ‘‘(ii) an appropriate adjustment in the to prove later down the road what ef- with any provision of the bill. I do not amount of any lump-sum payment under the fectively will be an affirmative defense see why we should object to this. These second sentence of paragraph (1) to reflect that they did not willfully and know- new criminal penalties are to lobbyists the application of clause (i). ingly make these kind of omissions. who knowingly and willfully or know- ‘‘(5) For purposes of this subsection— That is just a dangerous business to get ingly, willfully and corruptly lie on ‘‘(A) the term ‘Member’ has the meaning into, to keep criminalizing things. their disclosure forms. Is the lobbyist given such term by section 2106, notwith- The way you fight things like this is, who corruptly lies in his disclosure standing section 8401(20); and form not deserving of the criminal ‘‘(B) the term ‘child’ has the meaning when you say it is the dollars or the given such term by section 8341.’’. problems, then you hit people with dol- sanction? This amendment would strike those tough criminal penalties The Acting CHAIRMAN. The bill, as lars, and so that is what this amend- and instead replace them with mone- amended, shall be considered as an ment does. It says, we are not going to tary fines. original bill for the purpose of further talk about handcuffs; we are going to talk about immense fines. We know from reading in the news- amendment under the 5-minute rule paper that Mr. Jack Abramoff made $66 and shall be considered read. The first violation would be up to $100,000; second up to $250,000; third up million defrauding Indian tribal clients No further amendment to the bill, as alone. Does anyone think that a amended, is in order except those to $500,000; and the fourth up to $1 mil- lion. That gives all the incentive any- $100,000 fine would deter Mr. Abramoff printed in part B of House Report 109– from making his $66 million corruptly? 441. Each further amendment may be body needs to make sure they file prop- erly. Those are extremely high fines, It is a drop in the bucket. In fact, this offered only in the order printed in the amendment is worsened by the fact report, by a Member designated in the the highest I have ever heard of, but I put them there to give people a degree that it adds a requirement to the in- report, shall be considered read, shall tent element of the civil penalty of the be debatable for the time specified in of comfort that there would be suffi- cient penalty for failing to comply Lobbyist Act, corruptly and with in- the report, equally divided and con- tent to evade the law, which is an al- trolled by the proponent and an oppo- with the requirements. Now, what has come into play here is most impossible standard for the pros- nent, shall not be subject to amend- ecutor to meet. ment, and shall not be subject to a de- pure politics. On one side, people want mand for division of the question. to feel like, gee, we want to show that b 1515 we are being tough, even though inno- AMENDMENT NO. 1 OFFERED BY MR. GOHMERT The proponent of this amendment cent people down the road will be hurt, Mr. GOHMERT. Mr. Chairman, I offer has argued that the language included and when that happens, ‘‘I told you so’’ in the current criminal provision is an amendment. will not be adequate to me because my The Acting CHAIRMAN. The Clerk vague and undefined; we went through heart will go out to people that are will designate the amendment. that in the committee. But I don’t be- hurt unnecessarily. lieve this argument is accurate. The The text of the amendment is as fol- I understand the Democrats are lows: term ‘‘corruptly’’ appears in title 18 at going to stand up and oppose this. And least 15 times, even appearing in the Part B amendment No. 1 printed in House when their Members are taken out in Federal Bribery Statute. Moreover, ac- Report 109–441 offered by Mr. GOHMERT: handcuffs because of this bill, if it Strike section 106 and insert the following: cording to Black’s Law Dictionary, the passes with criminal sanctions, when SEC. 106. INCREASED PENALTY FOR FAILURE TO term ‘‘corruptly’’ means ‘‘to act know- COMPLY WITH LOBBYING DISCLO- their people are carried out in hand- ingly and dishonestly with the specific SURE REQUIREMENTS. cuffs, they will look to them and say, intent to subvert or undermine the in- Section 7 of the Act (2 U.S.C. 1606) is You know what, we probably should tegrity of something.’’ I do not think amended— not have criminalized that because the definition can get any clearer than (1) by striking ‘‘Whoever’’ and inserting that gave a prosecutor what they want- that. ‘‘(a) IN GENERAL.—Whoever’’; ed. This bill is already so weak and lim- (2) by inserting ‘‘, corruptly, and with the I am just asking for a bipartisan way intent to evade the law’’ after ‘‘knowingly’’; ited that it is virtually powerless to (3) by striking ‘‘knowing’’; to handle this. The way to handle ad- prevent future abuses. This amendment (4) by striking ‘‘of not more than’’ and all ministrative errors is to punish with would remove one of the few tough de- that follows through the end and inserting fines and not with dragging people out terrents in the bill. I would note that ‘‘as provided in subsection (b).’’; and from their homes in handcuffs to try to the provision for criminal penalties ap- (5) by adding at the end the following: make a political statement. plies to lobbyists, not to Members of ‘‘(b) PENALTY.—The civil fine under sub- If people will be honest, they know Congress, unless those lobbyists are section (a) shall be the following, depending that happens on both sides. And I former Members or acting in violation on the extent and gravity of the violation: would rather not see that happen as an ‘‘(1) For the first offense, not more than of the current rules on lobbying ille- $100,000. old judge and chief justice. It can hap- gally. ‘‘(2) For the second offense, not more than pen, and I would rather not see it hap- So we do think that this amendment, $250,000. pen to either side. although I am sure the gentleman is of- ‘‘(3) For the third offense, not more than Mr. Chairman, I reserve my time. fering it with all good faith, is mis- $500,000. Ms. ZOE LOFGREN of California. Mr. guided, and we do oppose and urge our ‘‘(4) For the fourth or any subsequent of- Chairman, I yield myself such time as colleagues to oppose. fense, not more than $1,000,000.’’. I may consume. Mr. Chairman, I reserve the balance The Acting CHAIRMAN. Pursuant to This amendment would further weak- of my time. House Resolution 783, the gentleman en an already appallingly weak bill by Mr. GOHMERT. Mr. Chairman, my from Texas (Mr. GOHMERT) and the gen- striking the criminal penalties for cor- colleague across the aisle points to a

VerDate Aug 31 2005 03:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.033 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2037 $100,000 fine as not being adequate to advanced in the situation of any other ‘‘(2) DEFINITION.—In this subsection, the deter Mr. Abramoff, and I would re- criminal penalty, bribery or drug cases term ‘covered legislative branch official of mind my colleague, he is going to pris- or any other kind of criminal penalty. the House of Representatives’ means— on. Mr. Cunningham has gone to pris- And I must say that I have yet in my ‘‘(A) a Representative in, or Delegate or Resident Commissioner to, the Congress; and on. People who violate the law will go many, many years as an attorney run ‘‘(B) an employee of, or any other indi- to prison. into a case where a prosecutor sub- vidual functioning in the capacity of an em- Mr. Chairman, there are already brib- orned perjury in the way described by ployee of— ery statutes. There are already corrup- the gentleman. Maybe he has run into ‘‘(i) an individual described in subpara- tion statutes. This reminds me a lot of a different situation in his State. But I graph (A); the 1990s, when anytime someone did a think to suggest that prosecutors are ‘‘(ii) a committee of the House of Rep- violent act with a gun, the Clinton ad- going to engage in misconduct is mis- resentatives; ministration ran in and said, we need leading, and also it is revealing that ‘‘(iii) the leadership staff of the House of more gun control laws, never mind the Representatives; that concern is only expressed when it ‘‘(iv) a joint committee of Congress; or fact that they already violated many is to protect corrupt lobbyists. ‘‘(v) a working group or caucus organized gun control laws as it is. What is need- Let us remember that the standard to provide legislative services to individuals ed is just enforcement of the current that is being outlined in this bill is cor- described in subparagraph (A).’’. laws. ruption. Knowingly, willfully and cor- The Acting CHAIRMAN. Pursuant to Now, the lobbying reform bill will ruptly is the standard, and that has to House Resolution 783, the gentleman create some requirements of filing that be proven with evidence beyond a rea- from Delaware (Mr. CASTLE) and a will enable people to do their job, but sonable doubt. I think that is the due Member opposed each will control 5 apparently there is not a real knowl- process protection that we generally minutes. edge of how the system works. Let me rely on in our great country. The Chair recognizes the gentleman tell you how this will play out. Some- I would just note in concluding that from Delaware. day, heaven forbid but it will happen, recently a Roll Call editorial described Mr. CASTLE. Mr. Chairman, I yield there will be a politically motivated this bill as, ‘‘This bill all but shouts to myself such time as I may consume. prosecutor, and he will go to a lob- voters that the GOP is not serious I appreciate the opportunity to offer byist, and he will say, You know, we about reform and that it values its ties this amendment today with my col- have scoured through every report you to K Street more than the public’s league from Pennsylvania (Mr. GER- have ever filed, and we finally found trust.’’ LACH). The amendment is simple, so I one entry you failed to make. Your ac- I would say that the gentleman’s will be relatively brief. countant did not put this in, and you amendment is an elevation of that con- Let me take a moment to thank the signed it, and by golly, you are going cern for K Street that this House chairman of the Rules Committee for to go to prison for maybe 3 years. Now, should reject rather soundly. his tremendous work in preparing this we do notice you made a contribution Mr. Chairman, I yield back the bal- ethics legislation. I know the process to this Congressman over there. You ance of my time. he has been through; I have been to a know, and I am sure you can go to The Acting CHAIRMAN. All time for lot of the meetings. There is a lot of trial, and maybe, on your part of the debate has expired. disagreement even within his own case, you may be able to convince them The question is on the amendment party, including me on some issues, it was not corrupt or willfully, know- offered by the gentleman from Texas and I realize the difficulty of putting ingly. But you know what? If you just (Mr. GOHMERT). this together. I would just like to happened to remember that this Con- The question was taken; and the Act- thank him for his great work on this gress Member, Democrat or Repub- ing Chairman announced that the ayes particular piece of legislation. lican, whoever they happen to be after, appeared to have it. Mr. DREIER. Mr. Chairman, will the had asked for something in return or Ms. ZOE LOFGREN of California. Mr. gentleman yield? said they would do something in return Chairman, I demand a recorded vote. Mr. CASTLE. I yield to the gen- for contribution, then we might just go The Acting CHAIRMAN. Pursuant to tleman from California. away because that would show what clause 6 of rule XVIII, further pro- Mr. DREIER. Mr. Chairman, I will good faith you are acting in, and ceedings on the amendment offered by simply say, I support the gentleman’s maybe you really did not know and the gentleman from Texas will be post- amendment. maybe this was not willful. That will poned. Mr. CASTLE. Mr. Chairman, maybe I happen someday because there are AMENDMENT NO. 2 OFFERED BY MR. CASTLE should stop right there. some prosecutors who are politically Mr. CASTLE. Mr. Chairman, I offer One way I think we can strengthen motivated. an amendment. the laws governing gift giving from Now, I do not think it will happen The Acting CHAIRMAN. The Clerk lobbyists to legislators and their staffs under this administration, but it will will designate the amendment. is to hold all individuals liable for happen someday. And when it does, if The text of the amendment is as fol- knowingly breaking the law. Cur- this amendment goes down, you can be lows: rently, Members and staff are respon- reminded that there was a Congress- Part B amendment No. 2 printed in House sible for making sure that they do not man who stood up to try to do the Report 109–441 offered by Mr. CASTLE: accept gifts or meals that violate the right thing, because we have plenty of Insert the following after section 106 and current gift limit of $50. Our amend- corruption laws; it is a matter of re- redesignate the succeeding section accord- ment would also hold liable those indi- ingly: porting requirements that will be en- viduals who knowingly offer gifts in SEC. 107. PENALTIES FOR OFFERING GIFTS. hanced here. We do not need to crim- violation of the law. It is simply com- Section 7 of the Act (2 U.S.C. 1606), as mon sense that anyone who intends to inalize administrative functions. amended by section 106, is amended by add- Mr. Chairman, with that, I would ask ing at the end the following: break the law should be held respon- for Members to do the bipartisan thing ‘‘(c) PENALTIES FOR OFFERING GIFTS.— sible. With this commonsense amend- and vote for this amendment. ‘‘(1) IN GENERAL.—Any person who is— ment, we bring intentional gift-giving Ms. ZOE LOFGREN of California. Mr. ‘‘(A) a lobbyist registered under this Act, violations under the civil penalties al- Chairman, I would just note that the ‘‘(B) a lobbyist who is an employee of an ready established in the Lobbying Dis- bill puts in new disclosure require- organization registered under this Act, or closure Act which are currently set at ments and also tough enforcement of ‘‘(C) the client of any such lobbyist or or- up to $50,000. ganization, those requirements, which the gentle- If there is a silver lining in the man’s amendment would essentially re- and who offers to a covered legislative clouds surrounding the recent ethics branch official of the House of Representa- problems in Congress, it is the oppor- move. tives any gift, knowing that such gift vio- I was a little surprised to hear the ar- lates the rules of the House of Representa- tunity to enact meaningful reform. gument that the penalty invites sub- tives, shall, upon proof thereof by a prepon- Personally, I think the bill could go orning perjury on the part of prosecu- derance of the evidence, be subject to a civil much farther by establishing greater tors. I have never heard that argument fine of not more than $50,000. disclosure and reporting requirements.

VerDate Aug 31 2005 03:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.087 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2038 CONGRESSIONAL RECORD — HOUSE May 3, 2006 I firmly believe that full transparency countability, transparency and disclo- (A) survey public reports of registered lob- has the potential to minimize abuses of sure. And when we look at the issue of byist and registered foreign agent-related the system. Unfortunately, an indi- gifts, heretofore the responsibility has private travel, as well as public reports of vidual who wants to violate the law simply fallen on the shoulders of Mem- late or inaccurate disclosure of private trav- el, and will usually find a way no matter what bers of Congress. We believe that when (B) consider— we do here today. those who are out there are trying to (i) The ability of the current provisions of Regardless, we have a responsibility shower gifts onto Members, that they rule XXV regarding travel to protect the to pass the strongest bill possible here in fact should have some responsi- House, its Members, officers, and employees, today, and I think this amendment bility. from the appearance of impropriety. moves us in that direction. Personally, That is exactly what the Castle-Ger- (ii) With respect to the allowance for pri- vately-funded travel contained in clause 5(b) I believe in transparency. I believe in lach amendment is getting at. I think of rule XXV— the education of everybody including it is a very good and very helpful addi- (I) the degree to which the privately-fund- lobbyists, staff members and Members tion to the legislation, and I would also ed travel meets the representational needs of of Congress. In terms of ethics laws, I like to join in congratulating Mr. GER- the House, its Members, officers, and em- believe in enforcement of the ethics LACH, who also is a very strongly com- ployees; laws as it involves all of us. And that is mitted reformer for this institution. (II) whether certain entities should or Mr. CASTLE. Mr. Chairman, finally, should not be permitted to fund the travel of simply what this amendment does, is the Members, officers, and employees of the move in that direction. I would just say Mr. GERLACH and I pre- House, what sources of funding may be per- Mr. Chairman, I reserve the balance sented almost identical amendments, missible, and what other individuals may of my time. and that is how it became the Castle- participate in that travel; and Ms. ZOE LOFGREN of California. Mr. Gerlach, Gerlach-Castle amendment, (III) the adequacy of the current system of Chairman, I rise to claim the time in because they were very similar. approval and disclosure of such travel. Sec- opposition, although I am not opposed. Mr. Chairman, I yield back the bal- tion 302 is amended to read as follows: Mr. Chairman, I would note that laws ance of my time. SEC. 302. RECOMMENDATIONS FROM THE COM- MITTEE ON STANDARDS OF OFFI- already exist to prevent this activity Ms. ZOE LOFGREN of California. Mr. CIAL CONDUCT ON GIFTS. and that to some extent this amend- Chairman, I would just, in closing, note The Committee on Standards of Official ment is redundant and that the en- that this is not a bipartisan amend- Conduct shall report its recommendations on forcement of current laws would solve ment, unless either Mr. CASTLE or Mr. changes to rule XXV of the Rules of the the problem. And when it comes to lob- GERLACH has made a party decision House of Representatives regarding the ex- byists who are making the kind of that we don’t yet know about. How- ceptions to the limitation on the acceptance money that Mr. Abramoff made, the ever, we don’t oppose the amendment. of gifts contained in clause 5(a) of that rule Mr. Chairman, I yield back the bal- to the Committee on Rules. In developing its $50,000 fine may well not be a deter- recommendations, the Committee on Stand- rent. ance of my time. ards of Official Conduct shall consider the Nevertheless, I think an additional The Acting CHAIRMAN. All time for following: debate has expired. deterrent to some lobbyists for vio- The Acting CHAIRMAN. Pursuant to lating the gift rules is useful. I would The question is on the amendment offered by the gentleman from Dela- House Resolution 783, the gentleman note that the primary responsibility from California (Mr. DANIEL E. LUN- falls upon Members of Congress for not ware (Mr. CASTLE). The amendment was agreed to. GREN) and a Member opposed each will accepting extravagant gifts. This control 5 minutes. AMENDMENT NO. 3 OFFERED BY MR. DANIEL E. amendment really looks to the gift The Chair recognizes the gentleman giver instead of the guilty gift re- LUNGREN OF CALIFORNIA Mr. DANIEL E. LUNGREN of Cali- from California. ceiver. Mr. DANIEL E. LUNGREN of Cali- fornia. Mr. Chairman, I offer an amend- Nevertheless, I think it is a useful fornia. Mr. Chairman, I yield myself ment. component of a bill, and I do support such time as I may consume. The Acting CHAIRMAN. The Clerk it, and I believe that many on this side This is one of those bipartisan mo- will designate the amendment. of the aisle do support it. ments in our consideration of a lob- The text of the amendment is as fol- Mr. Chairman, I reserve the balance bying reform bill. Congressman lows: of my time. GEORGE MILLER, Congressman HOWARD Part B amendment No. 3 printed in House Mr. CASTLE. Mr. Chairman, I agree BERMAN, TOM COLE, DOC HASTINGS have with the gentlewoman from California. Report 109–441 offered by Mr. DANIEL E. LUN- GREN of California: joined me as cosponsors of this amend- She is absolutely right. The greatest Section 301 is amended to read as follows: ment, and Congressman JEFF FLAKE responsibility, in my judgment, is on SEC. 301. PRE-CERTIFICATION OF PRIVATELY worked with us in crafting this pro- us, Members of Congress, or on staff FUNDED TRAVEL. posal. people or whatever. And it probably is (a) ACCEPTANCE OF PRIVATELY FUNDED Mr. Chairman, if it is in order, I slightly redundant, too. That is prob- TRAVEL.—Notwithstanding clause 5 of rule would ask unanimous consent that his ably also correct. XXV of the Rules of the House of Represent- name be added as a cosponsor to the But the point I am trying to make atives, no Member, Delegate, Resident Com- amendment. here is that if everybody is educated missioner, officer, or employee of the House may accept a gift of travel related to his of- The Acting CHAIRMAN. The Chair and everybody is aware of this and ev- ficial duties (including any transportation, would advise the proponent of the erybody can be responsible for it, lodging, and meals during such travel) from amendment that other Members whom maybe we can prevent some of the any private source unless the private source he identified as supporters of the problems from happening. Maybe we first obtains a certification in writing from amendment are reflected in the can’t, but I just hope that we can. the Committee on Standards of Official Con- RECORD, but there are no ‘‘cosponsors’’ Mr. Chairman, I yield to the distin- duct that the gift of travel complies with all of an amendment. guished sponsor of the bill, the chair- House rules and standards of conduct. Mr. DANIEL E. LUNGREN of Cali- man of the Rules Committee, Mr. (b) REVIEW AND RECOMMENDATIONS.—(1) fornia. Mr. Chairman, it is essential to The Committee on Standards of Official Con- DREIER. duct may not issue any such certification those of us who have been elected to Mr. DREIER. Mr. Chairman, I thank until it reports its recommendations on serve in this body to have confidence my friend for yielding, and I would like changes to rule XXV to the Committee on that the interests of the constituents to, as I said a moment ago, support the Rules unless two-thirds of the Members of are being served. The democratic proc- amendment and say that I think this the Committee, present and voting in the af- ess as well as the integrity of the peo- amendment is evidence of a strong bi- firmative, vote to issue such certification. ple’s House require no less. partisan commitment to our dealing The Committee on Standards of Official Con- As the Supreme Court recognized in with the issue of reform. duct shall report its recommendations to the Buckley v. Valeo, it is both corruption Committee on Rules not later than June 15, Accountability is what this measure 2006. and even the appearance of corruption is all about, and MIKE CASTLE is some- (2) In developing such recommendations, which threaten the public trust and one who has demonstrated a very the Committee on Standards of Official Con- warrant congressional regulatory ac- strong commitment to increased ac- duct shall— tion. The safeguards contained in this

VerDate Aug 31 2005 03:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.089 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2039 amendment will protect the integrity make determinations about what is a partisan manner and allowing this to of the process by allowing private trav- legitimate itinerary, the attendance at come about. el which has nothing to do with corrup- the various conferences, the partici- Mr. DANIEL E. LUNGREN of Cali- tion and which in fact contributes to pants and the sources of funding. fornia. Mr. Chairman, I yield myself our ability to effectively represent The problem with travel in the past such time as I may consume. those who have elected us. has not been the travel; it has been Mr. Chairman, I was in this body for This bipartisan compromise provides those who sought out deliberately to 10 years and then out for 16. I have had that the Ethics Committee shall have game the system. I believe that if the a chance to look at the importance of until June 15 of this year to develop a Ethics Committee meets its responsi- travel as it adds to the information permanent plan governing future pri- bility, people will not be able to game base that Members have. While we have vate travel. In the interim, private the system, to hide the sources of fi- had problems in certain areas of travel, travel would be allowed if, after its re- nancing or hide the purposes of the we ought not to just throw them all view, two-thirds of the Ethics Com- trip; and Members will be able to deal out. This is a real effort to try and get mittee approves the trip. That requires with it forthrightly and take advan- transparency and to work on a bipar- bipartisan approval. tage of travel where it is helpful to tisan basis to make sure this works. Mr. DREIER. Mr. Chairman, will the b 1530 their jobs as Members of Congress, to their constituents, and to the country. gentleman yield? Our amendment will protect legiti- Also, this will allow for the kind of Mr. DANIEL E. LUNGREN of Cali- mate travel which relates to our abil- disclosure and prior disclosure of the fornia. I yield to the gentleman from ity as Members of this body, and I ask trips hopefully so constituents, the California. for support of this amendment. press and others can check out what Mr. DREIER. Mr. Chairman, I would Mr. DREIER. Mr. Chairman, will the the Ethics Committee has done and like to say that I think it is very im- gentleman yield? they can comment on it. The Members portant for us to hear from our very Mr. DANIEL E. LUNGREN of Cali- will defend it or not defend it if they good friend from California, Mr. BER- fornia. I yield to the gentleman from want to take these trips and if they MAN; and I hope he may be able to offer California. truly believe they are valuable. some comments on this as one of the Mr. DREIER. Mr. Chairman, I would This give us until June 15 for the lead authors on this important amend- like to compliment the gentleman for Ethics Committee to come up with ment. his leadership on this issue. that process. If there is travel to take Mr. DANIEL E. LUNGREN of Cali- Again, this is an indication of our place prior to that, it requires a two- fornia. Mr. Chairman, I ask Members ability to work in a bipartisan way to thirds vote, a strong bipartisan vote of to support this worthy amendment, deal with a question that constantly the Ethics Committee to approve any and I yield back the balance of my came to me from Democrats on the travel prior to that day. time. other side of the aisle who talked about I think this is a big step to the re- Ms. ZOE LOFGREN of California. Mr. the notion of imposing a travel ban, form of congressional travel in the Chairman, I yield back the balance of and some Members on our side. I be- House. I urge my colleagues to support my time. lieve Mr. LUNGREN and all of those this amendment. The Acting CHAIRMAN. All time for Members, Mr. BERMAN from California Ms. ZOE LOFGREN of California. Mr. debate has expired. and Mr. COLE on the Rules Committee, Chairman, I reserve the balance of my The question is on the amendment have worked very diligently, and I look time. offered by the gentleman from Cali- forward to accepting this amendment. Mr. DANIEL E. LUNGREN of Cali- fornia (Mr. DANIEL E. LUNGREN). Mr. DANIEL E. LUNGREN of Cali- fornia. Mr. Chairman, I yield 1 minute The amendment was agreed to. fornia. Mr. Chairman, I reserve the bal- to the gentleman from Oklahoma (Mr. AMENDMENT NO. 4 OFFERED BY MR. SODREL ance of my time. COLE), one of the cosponsors of this Mr. SODREL. Mr. Chairman, I offer Ms. ZOE LOFGREN of California. Mr. amendment. an amendment. Chairman, I claim the time in opposi- Mr. COLE of Oklahoma. Mr. Chair- The Acting CHAIRMAN. The Clerk tion, although I do not oppose the man, I want to take a moment and will designate the amendment. amendment; and I yield 3 minutes to thank my friends on the other side of The text of the amendment is as fol- the gentleman from California (Mr. the aisle, particularly Mr. MILLER and lows: GEORGE MILLER), our colleague, and Mr. BERMAN, for working with us; and, Part B amendment No. 4 printed in House one of the authors of the amendment. of course, my friends on this side of the Report 109–441 offered by Mr. SODREL: Amend section 502(b) to read as follows: Mr. GEORGE MILLER of California. aisle, Mr. LUNGREN, whose leadership (b) ETHICS TRAINING FOR MEMBERS, DELE- Mr. Chairman, I thank the gentle- has been so critical on this, Mr. FLAKE, GATES, AND THE RESIDENT COMMISSIONER.— woman for yielding; and I want to and, of course, Mr. HASTINGS, chairman Clause 3 of rule XI of the Rules of the House thank the cosponsors of this legislation of the Ethics Committee. of Representatives is amended by inserting and those who have worked on this This really is a moment where we at the end: from both sides of the aisle. have come together and thought about ‘‘(s)(1) The committee shall establish a For the first time this amendment what is best for the institution instead program of regular ethics training for Mem- will give the Ethics Committee an op- of trying to score political points bers, Delegates, and the Resident Commis- portunity to revise the rules and the sioner similar to the program established in against one another. I think we have paragraph (r). standards of conduct for travel which taken a dramatic step. ‘‘(2) The committee shall publish a list of Members of Congress engage in. This I agree very much with my friend, Members who have and have not completed amendment embraces all travel that Mr. MILLER. This offers the oppor- such ethics training within the first one hun- Members of Congress are confronted tunity for real scrutiny and a real look dred calendar days after being sworn-in dur- with, whether it is from the 501(c)(3) at the entire travel issue; and I look ing each Congress. The committee shall up- community or from the private com- forward to working with Mr. BERMAN date this list with the names of Members who complete the training after the deadline munity. and Chairman HASTINGS on the Ethics I happen to think that the Ethics with the date on which the training was Committee, to come back with a completed. Committee is going to have to make scheme that both sides can have con- ‘‘(3) Publication of the list of Members who different determinations for different fidence in and the American people can have and have not completed the ethics kinds of travel. But the fact of the have confidence in. training shall be made available on the offi- matter is, because of this amendment, In conclusion, I thank the chairman, cial website of the committee and published they will have that responsibility to Mr. DREIER, and certainly the Speaker. in the Congressional Record.’’. bring greater transparency to that This would not have happened without The Acting CHAIRMAN. Pursuant to process. And hopefully Members will their help and without their active co- House Resolution 783, the gentleman have to get pre-approval of that travel, operation so we could resolve what was from Indiana (Mr. SODREL) and a Mem- and hopefully the Ethics Committee a knotty issue. They, too, deserve a ber opposed each will control 5 min- will have to approve that. They will great deal of credit for working in a bi- utes.

VerDate Aug 31 2005 03:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.094 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2040 CONGRESSIONAL RECORD — HOUSE May 3, 2006 The Chair recognizes the gentleman low them. But if posting Members’ Mr. Chairman, I yield back the bal- from Indiana. name on a Web site will make them ance of my time. Mr. SODREL. Mr. Chairman, I yield more likely to go and get the training, The Acting CHAIRMAN. All time for myself such time as I may consume. then that is a good result. debate has expired. Mr. Chairman, I rise today to offer But let us be honest here. A couple of The question is on the amendment this amendment with my colleagues, new ethics seminars are not going to offered by the gentleman from Indiana the gentleman from Massachusetts solve this problem. A Wall Street Jour- (Mr. SODREL). (Mr. MCGOVERN) and the gentleman nal-NBC poll released today found that The amendment was agreed to. from Kentucky (Mr. DAVIS), to ensure almost 80 percent of the American peo- The Acting CHAIRMAN. It is now in that Members of Congress know the ple disapprove of the job Congress is order to consider amendment No. 5 ethics rules and provide American vot- doing. The public has watched this printed in part B of House Report 109– ers with the information to hold their Congress bend and break the rules over 441. elected representatives accountable. the past few years, and I think they Amendment No. 5 is not offered. As with most jobs, there is a need to have had it. It is going to take more AMENDMENT NO. 6 OFFERED BY MR. GINGREY understand the rules that apply to your than ethics seminars to convince these Mr. GINGREY. Mr. Chairman, I offer employment so you do not violate people that we are interested in clean- an amendment. them. Before I was elected to this of- ing up Congress. The Acting CHAIRMAN. The Clerk fice, I was a business owner. When we Even if this amendment is adopted, will designate the amendment. hired an employee, we required individ- and I believe it will be, this bill is not The text of the amendment is as fol- uals to receive training on the rules of going to change anybody’s mind that lows: the company as well as local and State the majority, who are running this Part B amendment No. 6 printed in House laws. We required this training because House, are serious about cleaning up Report 109–441 offered by Mr. GINGREY: we wanted to make sure our company the mess that is here. Add at the end the following: employees did not break the laws. We With that, I would note that al- TITLE VII—LEADERSHIP PACS kept a record that the employee had though many of us go in person for SEC. 701. RESTRICTIONS ON DISPOSITION OF completed the training and was famil- classes, those of us who come from FUNDS BY LEADERSHIP PACS. iar with the rules and laws they were places like Silicon Valley really do our (a) RESTRICTIONS.—Section 313 of the Fed- expected to comply with. reading over the Internet. For those eral Election Campaign Act of 1971 (2 U.S.C. Our amendment does the same thing. Members who have not visited the Eth- 439a) is amended— It creates a voluntary program for ics Committee site, there is a wealth of (1) by redesignating subsection (b) as sub- Members of Congress to participate in section (c); and information online and available and (2) by inserting after subsection (a) the fol- an ethics training program within 100 very easy to access from home at any lowing new subsection: days of being sworn into office. This hour of the day or night, and that is a ‘‘(b) USE OF FUNDS BY LEADERSHIP PACS.— program affords Members the ability to very good alternative for Members ‘‘(1) USES PERMITTED.—The funds of a lead- learn and understand the rules they are whose schedules are very pressed. ership PAC may be used by the leadership required to follow while serving in of- Mr. Chairman, I reserve the balance PAC— fice. of my time. ‘‘(A) for otherwise authorized expenditures This amendment also provides infor- Mr. SODREL. Mr. Chairman, I yield 2 in connection with campaigns for election mation to the electorate to help them minutes to the gentleman from Cali- for Federal office; ‘‘(B) for charitable contributions described assess their own representative by pub- fornia (Mr. DREIER). in section 170(c) of the Internal Revenue licly disclosing who has and who has Mr. DREIER. Mr. Chairman, I thank Code of 1986; or not completed this ethics training. my friend for yielding, and I rise in ‘‘(C) for transfers to a national, State, or I believe this amendment is simple. strong support of this amendment. local committee of a political party (subject We must know the rules for us to fol- Once again, we are demonstrating a to the applicable limitations of this Act). low the rules, and we must dem- very strong bipartisan commitment to ‘‘(2) LEADERSHIP PAC DEFINED.—In this sub- onstrate to our constituents that we dealing with the issue of institutional section, the term ‘leadership PAC’ means a will adhere to the laws while serving in reform. political committee which is directly or indi- rectly established, maintained, or controlled Mr. SODREL has come forward with a Congress. I urge my colleagues to sup- by a candidate for election for Federal office port the Sodrel-McGovern-Davis very creative and thoughtful idea to or an individual holding Federal office but is amendment, and urge its adoption. enhance our goal of accountability; and not an authorized committee of the can- Mr. Chairman, I reserve the balance he is doing it in a bipartisan way by didate or individual, except that such term of my time. getting our Rules Committee col- does not include any political committee of Ms. ZOE LOFGREN of California. Mr. league, the gentleman from Massachu- a political party.’’. Chairman, I claim the time in opposi- setts (Mr. MCGOVERN), to join as a co- (b) CONFORMING AMENDMENT REGARDING tion, although I do not oppose the sponsor, as well as the gentleman from CONVERSION OF FUNDS TO PERSONAL USE.— Section 313(c) of such Act (2 U.S.C. 439a(c)), Kentucky (Mr. DAVIS). I think that is a amendment. as redesignated by subsection (a), is amended The Acting CHAIRMAN. Without ob- brilliant move on his part, and I think by inserting after ‘‘subsection (a)’’ the fol- jection, the gentlewoman is recognized. it will strengthen this piece of legisla- lowing: ‘‘or funds of a leadership PAC de- There was no objection. tion as we aspire to the goals of once scribed in subsection (b)’’. Ms. ZOE LOFGREN of California. Mr. again creating a higher level of respect (c) EFFECTIVE DATE.—The amendments Chairman, section 502 of the underlying by the American people and is nec- made by this section shall apply with respect bill establishes mandatory ethics train- essary for this great institution. I con- to elections occurring after December 2006. ing for staff and voluntary training for gratulate the gentleman from Indiana The Acting CHAIRMAN. Pursuant to Members. This amendment would not (Mr. SODREL). House Resolution 783, the gentleman change the voluntary nature of Mem- Ms. ZOE LOFGREN of California. Mr. from Georgia (Mr. GINGREY) and a bers’ ethics training, but it would re- Chairman, I yield back the balance of Member opposed each will control 5 quire the Ethics Committee to post the my time. minutes. names of Members who have not taken Mr. SODREL. Mr. Chairman, I yield The Chair recognizes the gentleman the training. myself the balance of my time. from Georgia. I guess the purpose of this amend- Mr. Chairman, let me close quickly Mr. GINGREY. Mr. Chairman, I yield ment is a worthy one. Members and by saying that we were elected to this myself such time as I may consume. staff should certainly know the ethics body to serve our constituents to the First of all, let me thank Chairman rules and should go back and refresh best of our ability. The voters believe DREIER for this commonsense piece of their memory of the ethics rules every we had the character to represent legislation in regard to the Lobbying couple of years. We all support that them, and we take that trust seriously. Accountability and Transparency Act. proposition, and in my opinion most I think this amendment demonstrates We worked diligently with three sepa- Members are conscientious and know our commitment. I urge the adoption rate hearings in the Rules Committee, the ethics rule and do their best to fol- of this amendment. 12 to 14 hours of testimony; and I think

VerDate Aug 31 2005 03:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.098 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2041 we have struck the exact right balance place. And so I am in strong support of Nevertheless, I totally agree with the in regard to this legislation. I am the Gingrey amendment, Mr. Chair- gentleman from Georgia that we proudly supporting this bill. man. should close this loophole, and that we I do have an amendment, and it is a Mr. GINGREY. Mr. Chairman, re- should not permit any Member under very commonsense amendment. This claiming my time, again, I want to any circumstances to convert leader- was brought out during the course of thank my chairman for his support on ship PAC funds to personal use. And I, these hearings, but basically what the this amendment. And the amendment, therefore, very strongly support his amendment does is apply the same I want to commit it to my colleagues amendment and thank him for bringing rules to leadership PACs as exist now on both sides of the aisle because it is this to our attention. in regard to campaign committee in the spirit of this legislation, which Mr. GINGREY. Mr. Chairman, I funds. is a bipartisan bill that we worked dili- thank the gentleman from Michigan I think you all know, my colleagues, gently on, and I again congratulate for supporting the amendment. And certainly Mr. Chairman knows that Chairman DREIER and my colleagues on again, I have no additional speakers at Members, when they leave this body, the Rules Committee that brought this time. I reserve the balance of my certainly as they are continuing to forth this legislation. And I ask for time. serve, cannot use any campaign funds support of the amendment. The Acting CHAIRMAN. The gentle- for personal use. When they leave this I have no other speakers, Mr. Chair- man’s time has expired. body, if they happen to have a balance, man. And I reserve the balance of my Ms. ZOE LOFGREN of California. Mr. which in some cases they do and have time. Chairman, I yield myself such time as done in the past, then that cannot in Ms. ZOE LOFGREN of California. Mr. I may consume. any way, shape or form be converted to Chairman, I rise to claim the time in As I mentioned earlier, we are sup- personal use. opposition, at least until the ranking porting this amendment, even though But when this law was passed back in member of the House Administration it solves a problem that apparently has the early 1980s and sort of finalized in Committee arrives. not yet come into play. 1989, shortly after which a lot of Mem- The Acting CHAIRMAN. The gentle- But what this amendment and this bers left so they could be grandfathered woman from California is recognized bill fail to do is to fundamentally re- and be able to keep those balances, for 5 minutes. form a culture of corruption. It does there were not many leadership PACs. Ms. ZOE LOFGREN of California. Mr. not end the practice of lobbyists giving But we know today there are a lot of Chairman, I yield myself such time as gifts to Members of Congress and their leaders in this place, and a lot of folks I may consume. staffs. It does not end the practice of do have leadership PACs. In some in- I will support this amendment. I Members using corporate jets, does not stances we are talking about balances, don’t, frankly, know that this has ever require disclosure of lobbyists bundling cash on hand of six and maybe even been an issue that I have heard of or contributions to Members of Congress. seven figures. seen in the press that someone has con- It does not end the practice of leaving verted a leadership PAC to personal votes open to twist arms and lobby 1545 b use. It shouldn’t happen and, therefore, Members on the floor of the House. It So basically what this amendment I don’t have a problem supporting the does not do anything to close the re- does, and it is really quite simple, the amendment. volving door from government service same rules that apply to campaign To the extent that it is difficult for to personal gain. It does nothing to committees would apply to leadership the FEC to make a judgment call on clean up our campaign finance system, PACs. And I would commit that what is personal use and what is not, to take special-interest money out of amendment to my colleagues and to this doesn’t compound it because they politics. the chairman and ask for its support. already have to make that judgment The bottom line is that, although we Mr. DREIER. Mr. Chairman, will the when it comes to re-election PACs. are supporting this amendment, it real- gentleman yield? I would just note that, like the rest ly doesn’t actually reform the system Mr. GINGREY. I yield to the gen- of the bill before us, this is okay, but it that has the American people so con- tleman from California. really doesn’t accomplish the real cerned and rightly so. Mr. DREIER. Mr. Chairman, I simply problem solving that the country is Mr. Chairman, I yield the balance of rise in support of the committee proc- crying out for. I don’t think that any my time to the ranking member of the ess itself. of our Members on this side of the aisle House Administration Committee, my I was not aware of the fact that oppose, but even approving this will colleague from California, the Honor- Members who have leadership PACs not clean up the ethics swamp that the able JUANITA MILLENDER-MCDONALD. would be in a position to convert those country is so very concerned about. Ms. MILLENDER-MCDONALD. Mr. funds to personal use when they choose Mr. Chairman, I reserve the balance Chairman, I am not opposing this to leave this institution. And it was be- of my time. amendment because of what the cause of the three hearings that we Mr. GINGREY. Mr. Chairman, I amendment does, but because of what held in the Rules Committee that it thank the gentlewoman from Cali- the amendment doesn’t do. And what came to the surprise, I think, of vir- fornia (Ms. ZOE LOFGREN) for sup- the gentleman’s amendment doesn’t do tually everyone that the law that was porting the amendment. is apply the same rule to other types of put into place two and a half decades Mr. Chairman, I yield 1 minute to the political entities. That is, it doesn’t ago preventing Members of Congress, distinguished chairman of the House prohibit the conversion of political or at least one and a half decades ago, Administration Committee, the gen- funds to personal use after such a polit- preventing Members of Congress from tleman from Michigan (Mr. EHLERS). ical entity has concluded its electoral converting their campaign funds to Mr. EHLERS. Mr. Chairman, I, for business. It closes a small loophole, but personal use once they leave this insti- years, have always said we must ensure what we should be talking about in tution does not apply to the so-called proper behavior of the Members of this closing all loopholes in this lobbying leadership PACs. body or the members of any State leg- bill. And so the amendment doesn’t go And I simply want to congratulate islature I have been in. And I particu- far enough. my friend, Mr. GINGREY, who came for- larly want to thank the gentleman for Mr. Chairman, the Republican leader- ward with this very, very thoughtful this amendment because I was not ship’s restrictive procedures for consid- idea that emerged from the hearing aware that this prohibition did not eration of this bill has shut out all process itself, and has now offered this apply to leadership PACs. Current law amendments affecting not only this amendment, which I think should does prohibit conversion of campaign lobbying bill, but the 527 bill as well. enjoy very strong bipartisan support. funds to personal use, but, unfortu- So the gentleman’s amendment fixes a It once again will underscore in this nately, we have never had occasion to loophole, which the Republican leader- legislation the accountability and the say that it should also apply to leader- ship thinks needs to be plugged—and transparency that is very important ship PACs because I am not aware of that is why they allowed the House to for the American people to see in this any instance where that has occurred. consider this amendment today—but

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.101 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2042 CONGRESSIONAL RECORD — HOUSE May 3, 2006 why haven’t we applied this same prin- mandatory 8 hours of ethics training The Acting CHAIRMAN. The gentle- ciple to other political entities? each Congress. Ethics training would woman from California is recognized No one should be allowed to siphon entail instruction by the Committee on for 5 minutes. off political contributions, and convert Standards on the code of conduct and Ms. ZOE LOFGREN of California. Mr. those contributions to personal use, ir- disclosure requirements applicable to Chairman, I do not object to this respective of the type of political orga- Members, officers and employees of the amendment, but like the underlying nization or entity. House, including the rules relating to bill, I think it fails to seriously address So, Mr. Chairman, I oppose the gen- acceptance of gifts, travel and meals the scandals that have made so many tleman’s amendment, not for what it and financial disclosure requirements. Americans distrustful of this Congress. does, but for what it doesn’t do in the Any registered lobbyist failing to com- Requiring mandatory ethics training same manner I oppose the underlying plete ethics training each Congress for registered lobbyists is probably a bill, because it doesn’t go far enough. would be subject to penalties. good idea. But I didn’t think that Ms. ZOE LOFGREN of California. Mr. If we have learned anything over classes for lobbyists were the major Chairman, I yield back the balance of these few years, we have learned that issue facing the country. my time. many people in many different capac- Mr. Chairman, I yield 4 minutes to The Acting CHAIRMAN. The ques- ities, from lobbyists to Members and the gentlewoman from Texas, Ms. SHEI- tion is on the amendment offered by even staff, abuse the laws and rules LA JACKSON-LEE. Ms. JACKSON-LEE of Texas. Mr. the gentleman from Georgia (Mr. that govern this body. We are seeing Chairman, I thank the distinguished GINGREY). high-level abuses of power, the ex- gentlewoman from California, and I The amendment was agreed to. change of favors and the neglect of thank her for service on the Ethics The Acting CHAIRMAN. The Chair is basic ethical standards. advised that amendment No. 7 will not There is absolutely no reason that we Committee. I, too, believe that this is an amend- be offered. shouldn’t educate registered lobbyists ment that certainly moves us forward, AMENDMENT NO. 8 OFFERED BY MR. CASTLE on the rules and laws that we have Mr. CASTLE. Mr. Chairman, I offer but it is not the panacea. written and adopted to govern the And I rise because I now understand an amendment. House of Representatives. that this is clearly a partisan bill be- The Acting CHAIRMAN. The Clerk When a lobbyist registers, they are cause this is not a bill to really do any- will designate the amendment. saddled with pamphlet after pamphlet thing. It is a bill to bash and to look The text of the amendment is as fol- of rules and regulations. What they can like you are doing something. lows: and cannot do is more often learned I did not offer the Jackson-Lee Part B amendment No. 8 printed in House through word of mouth. Ethics train- amendment because I realized that, Report 109–441 offered by Mr. CASTLE: ing to clearly outline the rules would Add at the end of the bill the following: rather than doing real lobbying reform, be welcome. With the adoption of this the other side wants to bash innocent TITLE VII—ETHICS TRAINING FOR amendment, there will be no uncer- LOBBYISTS spouses and children. That is what tainty about what the rules are and they want to do. They wanted to make SEC. 701. ETHICS TRAINING FOR LOBBYISTS. how to follow them. light of an amendment that I was offer- (a) TRAINING COURSE.—During each Con- Requiring ethics training for reg- gress, the Committee on Standards of Offi- ing to ensure the clarity of the fact cial Conduct of the House of Representatives istered lobbyists helps us begin to re- that if you had no inside knowledge or shall provide an 8-hour ethics training pair a system that has failed to regain benefit to the fact that your spouse or course to persons registered as lobbyists the confidence of the American people. anyone else was involved in culpable under the Lobbying Disclosure Act of 1995. Mr. Chairman, I would just like to behavior, that you, as an innocent (b) CONTENTS OF COURSE.—Training under say, finally, before I yield to the chair- spouse, and an innocent child, should subsection (a) shall cover information on the man of the Rules Committee, that this not be, of course, the, if you will, the code of conduct and disclosure requirements just goes along with my whole think- victim of that criminal behavior. applicable to Members, officers, and employ- ing that if we can educate everybody as ees of the House of Representatives, includ- On the other hand, in the Judiciary ing rules relating to acceptance of gifts (in- to precisely what these rules are, then Committee, when we had the right cluding travel and meals), and financial dis- maybe we can prevent some of the kind of amendment, Mr. VAN HOLLEN closure requirements under the Ethics in abuses. Some of them we are never offered an amendment that would re- Government Act of 1978. going to prevent, but maybe we can quire additional quarterly disclosures (c) PENALTIES FOR FAILURE TO COMPLETE prevent some of the abuses. And that is by lobbyists, including disclosures of TRAINING.—Any person who is registered or the reason for this amendment. the names of Federal candidates and required to register as a lobbyist under the I yield to the chairman of the Rules Lobbying Disclosure Act of 1995 and who office holders, their leadership PACs or Committee. political committees for whom fund- fails to complete the training course under Mr. DREIER. Mr. Chairman, once subsection (a) at least once during each Con- raising events are hosted by lobbyists, gress shall be subject to the penalties under again, we have seen our friend from and information regarding payment for section 7 of that Act to the same extent as a Delaware charge towards a greater events honoring Members. failure to comply with any provision of that offer of enhancing this piece of legisla- Guess what? That was eliminated Act. tion. One of the things that we have from the final bill, even though it was The Acting CHAIRMAN. Pursuant to been saying time and time again is passed successfully in the Judiciary House Resolution 783, the gentleman that brighter, clearer lines are impera- Committee. from Delaware (Mr. CASTLE) and a tive as we look at this legislation. And So this is not a serious attempt for Member opposed each will control 5 it seems to me that as we look at lobbying reform. It is an attempt to minutes. where it is that we are going, everyone eliminate amendments of Democrats. The Chair recognizes the gentleman who is impacted by this legislation Bring one on the floor so that you can from Delaware. should have an opportunity to under- bash it, rather than looking seriously Mr. CASTLE. Mr. Chairman, I yield stand it. That is exactly what the Cas- at the language that the Jackson-Lee myself such time as I may consume. tle amendment does. And I appreciate amendment had, which was to clarify I appreciate the opportunity to offer the fact that he has spent so much to make sure that we get those who are this amendment today. The way to pre- time and effort going through the leg- the true culprits. vent further abuses of power may not islation, working to improve it. So I If the spouse and the child is involved be readily apparent, but by adopting strongly support the amendment and in the bad behavior, then eliminate all this commonsense amendment to re- urge my colleagues to join in support their benefits. If they are not, then you quire ethics training for lobbyists, we of the Castle amendment. should protect them so that they are will be one step closer to achieving Mr. CASTLE. Mr. Chairman, I re- not the victims of this bad behavior. greater accountability and trans- serve the balance of my time. But I see, Mr. Chairman, you are not parency. Ms. ZOE LOFGREN of California. Mr. interested in serious lobbying reform. My amendment would require that Chairman, I rise to claim the time in All you are interested in doing is bash- all registered lobbyists complete a opposition. ing other Members, bashing spouses,

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.104 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2043 bashing children and representing that laws that govern the Nation. However, we are cause it nourishes faction, than it would be this is a bipartisan bill. It is not a bi- legislators just as much as we are politicians. to wish the annihilation of air, which is es- partisan bill. You have eliminated all We must rise to the occasion, excel beyond sential to animal life, because it imparts to the amendments, and it is not a bipar- fire its destructive agency. (Federalist Paper expectations, and sensibly construct guide- #10) tisan bill. lines that will secure our honesty and account- I hope that we will be able to get on ability . I am inclined to agree. I urge my colleagues track and find our way in the real man- What will Americans read in the newspaper to allow the debate today to assist in building ner of collaborative work so that when tomorrow, or see on the news this evening? lobbying reform that will withstand criticism Members try to go to the other side We do not want to appear like a classroom of many years from now, and that we may look and speak intelligently about an children turning out their pockets when we ac- upon as noble, fair, and correct. amendment, they won’t get the back cuse each other of stealing candy. We want to ANNOUNCEMENT BY THE ACTING CHAIRMAN hand of someone who thinks that they stand together as a legislature and raise our The Acting CHAIRMAN (Mr. PETRI). can just ‘‘diss’’ you just because you own standard of conduct and value of ethics Members should direct their remarks are on the minority. proudly, in a bipartisan manner, as colleagues. to the Chair and not to others in the We need to be working on this issue Until this week, this lobbying reform bill was second person. in a bipartisan manner. And I welcome succeeding. Differences of opinion were dis- Mr. CASTLE. Mr. Chairman, I yield some of the very progressive amend- cussed openly, language and subject matter myself such time as I may consume. ments. And I when I say progressive, was debated publicly, and compromises were Let me just say at the outset that don’t think I am labeling you, but the made with the larger goal of improving and what we have just heard essentially is very smart amendments that add more correcting the involvement of interest groups about an amendment that was not pre- requirements. in legislative work. sented, not this particular amendment, And I think the idea of training cer- However, without an open rule, it is difficult and perhaps about the bill; and I appre- tainly moves us forward. But as the to continue asserting that this is a bipartisan ciate the support of the amendment by gentlewoman from California said, we effort, and it is impossible to say that this is a both sides here. have left out an enormous amount of transparent process. If we are struggling to Mr. Chairman, I yield such time as he real reasonable response to this ques- make lobbying more accountable and trans- may consume to the distinguished tion. parent, how can we create these laws in an chairman of the Rules Committee, Mr. b 1600 unaccountable and nontransparent manner? DREIER. So I hope that in the final analysis The hypocrisy is as obvious as it is embar- Mr. DREIER. Mr. Chairman, I really that we will go back to the drawing rassing. was somewhat saddened. I am always board and be able to assess, if you will, I am pleased that the Rules Committee was pleased to yield to Members when they the importance of real collaboration. open to consideration of each amendment, ask me for time, regardless of what I will just simply say that this idea and I thank Chairman DREIER and every Rules side of the aisle they are on, because I of using innocent spouses and children, committee member for the opportunity to offer am interested in rigorous debate. opposing a proposed amendment, which my amendment preserving the rights of As the chairman of the Rules Com- I did not offer because I understood spouses and children to benefit from pensions mittee, I was very proud to make in that this was going to be a scapegoat without bearing the burden of disproving guilt order the Jackson-Lee amendment that that would cause people not to see the by association. would have allowed for a full debate true issue, which is to clarify those However, I am disturbed by the abruptness and a discussion on the issue of spouses who had nothing to do with the bad be- and the brevity with which privately funded being the beneficiary of pensions. We havior. travel was discarded in the committee print of in this legislation have provided flexi- And to the American public and my the bill. Although the Lungren/Miller amend- bility to the Office of Personnel Man- colleagues, I think we can understand ment that will be in order today is better, I be- agement to ensure that they could, in the concept in America of due process lieve that stifling any Member’s opportunity to fact, when a spouse, a victim, as my and innocent until proven guilty. Let grow and learn is myopic, and I believe that friend has described them, has poten- us get to the bottom line of making many of these trips are crucially educational. tially been in a position where they sure that our house is in order, but We, as Members of Congress, have a duty could lose their pension. when it comes to those innocent indi- to act as witnesses for human rights consider- We are now in the midst of the Castle viduals, let us make sure that we have ations, for foreign policy interests, and for do- amendment, which is enjoying bipar- clear language to protect innocent mestic troubles. Travel can be vital continuing tisan support, as is virtually every children and spouses who are deter- education. other amendment that we have consid- mined to be without fault. We must put ethical guidelines in place, but ered on the floor this afternoon. And The Office of Personnel Management not without thinking them through thoroughly. yet I am talking about an amendment, is a regulatory agency, not a law- We all understand and agree that major the Jackson-Lee amendment, that I making body, as the Congress is; and I changes must take place in lobbying reform. made in order in the Rules Committee thought it was important for my We must concentrate on what is most respon- and she chose not to offer that amend- amendment to have been offered and sible, most practical, and most cogent. ment; instead, stood up and said that I accepted to clarify the protection of Overall, I am disappointed in this bill, and am not committed to reform. And I am families. But the majority was oppos- disappointed that there are those among us happy that the Chair, in fact, admon- ing it because they wanted sound bites who would sabotage the legislative process— ished the Member to address the com- not real enforceable legislation. It was such as subcommittee and committee hear- ments to the Chair. not offered because I did not want po- ings and markups and floor debates—in order We would not be here today, Mr. litical play to get in the place of seri- to achieve their own ends. We need lobbying Chairman, were it not for the strong ous legislation. reform because we need to return the policy commitment of Speaker HASTERT and With that, Mr. CASTLE, let me say discussion to the American people, and take it the Republican leadership to the issue you have something that is a good out of the hands and pockets of over-privi- of institutional reform; and we want to idea, but we could clearly do more; and leged insiders and favor-traders. make sure that no one is victimized by I ask my colleagues to vote against We have a long history of lobbying reform, abhorrent behavior that takes place by this false representation of lobbying re- dating back to the passionate debates of the lobbyists or by individual Members. form, H.R. 4975. Federalist Papers. Interest groups, or ‘‘fac- But we also believe strongly in the Mr. Chairman, I appreciate the opportunity tions,’’ to use the contemporary term, provided issue of accountability, and that is ex- to explain my amendment. The need for the both an immeasurable value to democracy, actly what we are getting at by pro- amendment I offer is not obvious at first and yet interest groups also bring the threat of viding the flexibility to the Office of glance but the harm it corrects would be ap- undue influence. According to Madison: Personnel Management. parent to all Members as soon as they have Liberty is to faction, what air is to fire, an I think that, on the issue of account- a chance to think about it. ailment without which it instantly expires. ability, once again, as I said, Mr. CAS- I share the discomfort that comes with writ- But it could not be a less folly to abolish lib- TLE has done a great job of ensuring ing laws that govern ourselves, rather than erty, which is essential to political life, be- that there is a clear understanding of

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.107 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2044 CONGRESSIONAL RECORD — HOUSE May 3, 2006 exactly what the new definition will the republican chair and Members who were public official with the intent to influ- consist of when we pass this legisla- trying to do their job. ence any official act relating to an ear- tion. Then, they terminated Ethics Committee mark. I thank my friend for yielding, and I staff members for partisan reasons. They do The amendment would also prohibit thank my friend from Houston for her not want real lobby reform. a public official from corruptly de- thoughtful comments, and I still am, I urge my colleagues to vote against H.R. manding, seeking, receiving, accepting, again, sorry that she would not yield to 4975 and support the motion to recommit. or agreeing to receive anything of me. I would be happy, if Mr. CASTLE Ms. ZOE LOFGREN of California. Mr. value in return for influence in the per- has the time, to yield to her at this Chairman, I yield the balance of my formance of an official act related to time if she would like to respond to time to the gentlewoman from Texas an earmark. any of the comments that I have made. (Ms. JACKSON-LEE). Recent bribery scandals have brought The Acting CHAIRMAN. The gen- Ms. JACKSON-LEE of Texas. Mr. to light something that fiscal conserv- tleman from Delaware’s time has ex- Chairman, I thank the gentlewoman atives on both sides of the aisle have pired. for yielding me this time. been talking about for years, that the Ms. ZOE LOFGREN of California. Mr. But let me say to the distinguished number and dollar value of earmarks Chairman, I yield for the purpose of gentleman, I did not have time to are out of control. Lobbyists, Members, making a unanimous consent request yield; and I thank you for your gra- earmarks, and campaign contributions to the gentleman from Texas (Mr. GENE ciousness. But I think if we had had the have, unfortunately, been inextricably GREEN). gracious discussion that you offered linked in the Duke Cunningham scan- (Mr. GENE GREEN of Texas asked now on the floor of the House pre- dal. It was reported that Mr. and was given permission to revise and viously where we could have discussed Cunningham actually had a bribe menu extend his remarks.) the idea of a full debate on this matter, on his congressional letterhead, that Mr. GENE GREEN of Texas. Mr. there might have been a different re- he actually offered earmarks in ex- Chairman, I rise in opposition to H.R. sponse by myself the proponent of the change for money. How many more sto- 4975, the fake lobby regulation and amendment to protect innocent ries are we likely to see unless Mem- transparency act. spouses and children shown to be with- bers realize that this is a serious mat- This is an attempt to fool the American peo- out fault in any manner of corruption. ter? ple into thinking that this body is doing some- I think we are all committed, as you It is my hope this amendment will thing substantive to reform the way lobbyists have said, to the idea of getting the bring more attention to this ongoing and Congress do business. ones who are guilty, but the innocent problem by adding earmarks to the This bill does no such thing. we should protect. bribery statute. I believe that this will This legislation does nothing to address the The Acting CHAIRMAN. All time for bolster the already meaningful ear- larger issues of ethics reform. It does not ad- debate has expired. mark reform in the underlying bill. dress corporate jet travel, tougher gift rules, or The question is on the amendment Again, I thank the Speaker, the ma- financial perks provided by lobbyists. offered by the gentleman from Dela- jority leader, the chairman, and Chair- The temporary suspension of privately fund- ware (Mr. CASTLE). man SENSENBRENNER, also, in the Judi- ed trips offered here today is not good The amendment was agreed to. ciary Committee for help with this enough. We should commit to ban private cor- AMENDMENT NO. 9 OFFERED BY MR. FLAKE amendment. porate travel. I understand there is some sen- Mr. DREIER. Mr. Chairman, will the timent that we should wait for the Ethics Com- Mr. FLAKE. Mr. Chairman, I offer an amendment. gentleman yield? mittee to issue rules on this issue. However, Mr. FLAKE. I yield to the gentleman if we want a ban on corporate travel, then we The Acting CHAIRMAN. The Clerk will designate the amendment. from California. should pass such a ban now. Mr. DREIER. Mr. Chairman, I thank Also, we’ve heard a lot of talk about The text of the amendment is as fol- lows: my friend for yielding. strengthening gift rules, but there is no disclo- I believe that as we look at the issue sure. We need to tighten gift rules to ensure Part B amendment No. 9 printed in House Report 109–441 offered by Mr. FLAKE: of earmark reform, Mr. Chairman, it is that people abide by them. very important for us to realize that The gift rule should address the sometimes Add at the end of the bill the following: our attempts to rein in the size and extravagant receptions honoring Members of TITLE VII—MISCELLANEOUS PROVISIONS scope of the Federal Government is a this body paid for by lobbyists and corpora- SEC. 701. BRIBERY. high priority. My friend has worked on tions. This bill does not require the disclosure Section 201(a)(3) of title 18, United States that, and I believe that this amend- of such events. Code, is amended by inserting ‘‘including an earmark as defined in section 501(d) of the ment itself goes right at that goal of We could have started to address these Lobbying Accountability and Transparency especially the question of people seeing issues had the Rules Committee allowed Act of 2006,’’ after ‘‘controversy,’’. some sort of self-enrichment through amendments on the Floor today that would The Acting CHAIRMAN. Pursuant to the appropriations process here. I have addressed these issues. I offered an amendment to bring trans- House Resolution 783, the gentleman thank my friend for his contribution, parency to State governments using tax dol- from Arizona (Mr. FLAKE) and a Mem- and I am proud to strongly support the lars to hire lobbyists here in Washington. ber opposed each will control 5 min- amendment. The State of Texas hired lobbyists for over utes. Ms. ZOE LOFGREN of California. Mr. $1 million and we have no idea what they The Chair recognizes the gentleman Chairman, I claim the time in opposi- have done to earn that money. from Arizona. tion, although I will not oppose the They have never called, e-mailed, or come Mr. FLAKE. Mr. Chairman, I yield amendment. by my office or any other Democratic Mem- myself such time as I may consume. Members should recognize that the ber’s office from Texas in the years they have This amendment would simply clar- amendment is redundant at best and been under contract. ify the application of criminal bribery really does not do anything to We have written Governor Perry twice ask- and illegal gratuities statutes with re- strengthen the lobby laws. ing what these lobbyists are doing and he has gard to earmarks. Specifically, this This amendment creates a redun- ignored our requests. amendment would bolster the bribery dancy in the U.S. Code by adding lan- The bottom line is this bill does nothing to statute in the criminal code by adding guage that is already covered. Section bring true lobbying reform to Congress and we earmarks, as defined by this bill, to the 201(a)(3) already and currently pro- owe the American people better than this. statute. This is the first time we have hibits receiving a personal benefit in The people of this country can not be ever defined earmark in this bill, and exchange for ‘‘any decision or action fooled. They will not tolerate anything but real so I think it is appropriate to ensure on any question, matter, cause, suit, lobbying reform that contains true trans- that we add it to the bribery statute. proceeding, or controversy.’’ This parency of all lobbying transactions and an This will mean that the law would amendment would add to that language ethics system that works. prohibit a person from, directly or indi- ‘‘including an earmark as defined in This Republican majority arbitrarily changed rectly, corruptly giving, offering, or section 501(d) of the Lobbying Account- the House Ethics rules last year and removed promising anything of value to any ability and Transparency Act,’’ but

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.110 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2045 earmarks are already covered under issue in a similar way to the way it has consideration of the bill and even per- the current code because it is already a been addressed in the Senate, and that haps in the conference process. decision or action, and thus the lan- is to ensure that it is broad based and I thank the gentlewoman for yield- guage in the amendment is unneces- crosses from appropriators to author- ing. sary. But, as I told my colleague on the izers as well. So I think that the con- Ms. ZOE LOFGREN of California. Mr. Judiciary Committee, I do not oppose clusion that my very good friend from Chairman, reclaiming my time, I would redundancies in the committee or on California has drawn is an inaccurate just like to note it is the entire system the floor. one. that is a problem here. It is a culture I would note, however, that if those Mr. FLAKE. Mr. Chairman, I yield that leads to corruption that we are across the aisle wanted real reform in myself such time as I may consume. trying to correct here. I don’t think the way of earmarks, they would sup- I would just point out, Mr. Chairman, the gentleman’s amendment succeeds port a measure that would prohibit there is nothing wrong with redun- in that, although I am sure he is sin- Members from offering or withholding dancy, but this is more than that. This cere in offering it, and the underlying an earmark to influence how another is the first time that we have actually bill does not succeed in cleaning up Member votes. And if those across the defined earmark in this underlying that swamp. aisle wanted real reform, they would bill, and it is appropriate when we have Again, I do not object to the amend- require real disclosure of earmarks. defined earmark to then apply a crimi- ment, but I wish this whole bill were a I would note further that, in proof of nal statute to it, and that is what this lot more than it is. the redundancy comment I made at the is an attempt to do. Mr. Chairman, I yield back my time. start of my comments, our former col- The point was made about Duke league from the 50th Congressional Dis- Cunningham. As I mentioned, he re- The Acting CHAIRMAN. All time for trict in California is living proof that portedly had a bribe menu on his con- debate has expired. the statute works. He is in prison gressional letterhead. My guess is that The question is on the amendment today for bribery. And I have often if there was a statute like this and ear- offered by the gentleman from Arizona thought, although he was convicted of marks defined like this that it would (Mr. FLAKE). bribery, he actually took money to sell have given him second thoughts before The amendment was agreed to. out the military; and, as far as I am he went down this road. I hope that is AMENDMENT NO. 1 OFFERED BY MR. GOHMERT concerned, that is treason as well. Our the case. That is the purpose of this The Acting CHAIRMAN. The pending military has the right to expect the amendment, and I am pleased there business is the demand for a recorded very best that we can buy for them by seems to be broad acceptance of it. vote on the amendment offered by the way of intelligence, equipment. They Mr. Chairman, I yield back the bal- gentleman from Texas (Mr. GOHMERT) deserve the very best. What they do ance of my time. on which further proceedings were not deserve is a Member of Congress Ms. ZOE LOFGREN of California. Mr. postponed and on which the ayes pre- selling them out for money, and that is Chairman, I yield myself such time as vailed by voice vote. what happened in that case. I may consume. The Clerk will redesignate the I would note that there were discus- I would just note that we are today amendment. sions of having some kind of earmark dealing with this rather small effort to The Clerk redesignated the amend- reform in this bill, and it is a measure do lobbying reform and missing, I ment. of how discombobulated the majority guess, sort of ‘‘the check is in the is. I believe that the appropriators mail’’ on earmark reform. I do not be- RECORDED VOTE were unable to come to agreement with lieve for a minute, and as a matter of The Acting CHAIRMAN. A recorded the authorizers, and what we have fact, former Congressman Cunningham vote has been demanded. ended up with actually is a bill where himself admitted that what he did was A recorded vote was ordered. you can sneak those earmarks in in the wrong, that he knew it was wrong. He The vote was taken by electronic de- dead of night. You can sneak them in; sold his country. He sold his vote. vice, and there were—ayes 108, noes 320, and although it is a bribe that we are b 1615 not voting 4, as follows: talking about, the real reform, the [Roll No. 117] transparency that would prevent that, The fact is that he was convicted of is missing from this bill. bribery, and he is in prison today. We AYES—108 Mr. Chairman, I reserve the balance need to have greater transparency on Aderholt Gingrey Norwood of my time. these earmarks. That is really a very Akin Gohmert Nunes serious issue that is completely miss- Bachus Granger Otter Mr. FLAKE. Mr. Chairman, I yield 1 Baker Gutknecht Oxley minute to the gentleman from Cali- ing. Barrett (SC) Hall Paul fornia (Mr. DREIER). I don’t oppose the Flake amendment. Bartlett (MD) Hayes Pearce Mr. DREIER. Mr. Chairman, I thank It doesn’t really do anything, but I Barton (TX) Hefley Pitts Beauprez Hensarling Radanovich my friend for yielding. don’t oppose it. We would really ac- Bishop (UT) Herger Renzi complish something if we were to pub- Blackburn Hostettler Mr. Chairman, I think it is very im- Reynolds portant for us to note that last week, lish the earmarks, if we were to make Blunt Hulshof Boehner Hunter Rogers (AL) as we were prepared to consider the sure that earmarks could not be in- Bonilla Istook Rogers (MI) vote on this rule, a strong commitment cluded in the dark of night; if we were Bonner Jenkins Rohrabacher was made by the Speaker of the House, to make sure that this mess was Boozman Johnson, Sam Ryun (KS) Sabo the majority leader, and others on the cleaned up, then we would actually be Brady (TX) Jones (NC) Burgess King (IA) Schwarz (MI) leadership team; and I, as the author of yielding something for the American Burton (IN) Kingston Sessions this legislation, have been very pleased people. I don’t believe that we are. Cannon Kline Sherwood to make a commitment that, as we Mr. FLAKE. Mr. Chairman, will the Carter Kolbe Shuster look at the issue of earmark reform, it gentlewoman yield? Coble Latham Simpson Cole (OK) Linder Smith (TX) should be broad. And we want to do ev- Ms. ZOE LOFGREN of California. I Conaway Lucas Stearns erything that we can to ensure that the yield to the gentleman from Arizona. Cooper Lungren, Daniel Sullivan kind of abuse a number of people have Mr. FLAKE. Mr. Chairman, I would Cubin E. Tancredo Deal (GA) Mack Terry talked about in the past does not take just point out that had any of us Delahunt Manzullo Thornberry known Mr. Cunningham had been DeLay Marchant place. Tiahrt Doolittle McCrery It is important to note that we have bribed for the earmarks he got, it is Tiberi Duncan McHenry seen a 37 percent reduction in the num- still unlikely we would have been able English (PA) McKeon Wamp ber of earmarks under the very able to go and challenge those earmarks. Everett McMorris Weldon (FL) leadership of Chairman JERRY LEWIS The underlying bill will at least make Feeney Miller (FL) Westmoreland on this issue, and he is committed to that possible, where his name would Flake Miller, Gary Wicker Foxx Murtha Wilson (SC) further earmark reform. But we also have been next to it and we would have Franks (AZ) Myrick Young (AK) are committed to dealing with this had an opportunity during the House Garrett (NJ) Neugebauer Young (FL)

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.114 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2046 CONGRESSIONAL RECORD — HOUSE May 3, 2006 NOES—320 Taylor (NC) Vela´ zquez Weldon (PA) The SPEAKER pro tempore. Is the Thomas Visclosky Weller Abercrombie Fortenberry Meeks (NY) gentlewoman opposed to the bill? Thompson (CA) Walden (OR) Wexler Ackerman Fossella Melancon Thompson (MS) Walsh Whitfield Ms. SLAUGHTER. Mr. Speaker, I am Alexander Frank (MA) Mica Tierney Wasserman Wilson (NM) Allen Frelinghuysen Michaud in its present form. Towns Schultz Wolf Andrews Gallegly Millender- Turner Waters The SPEAKER pro tempore. The Baca Gerlach McDonald Woolsey Udall (CO) Watson Wu Clerk will report the motion to recom- Baird Gibbons Miller (MI) Udall (NM) Watt Wynn mit. Baldwin Gilchrest Miller (NC) Upton Waxman Barrow Gillmor Miller, George Van Hollen Weiner The Clerk read as follows: Bass Gonzalez Mollohan Bean Goode Moore (KS) NOT VOTING—4 Ms. Slaughter of New York moves to re- commit the bill H.R. 4975 to the Committee Becerra Goodlatte Moore (WI) Buyer Osborne Berkley Gordon Moran (KS) Evans Scott (GA) on Rules with instructions to report the Berman Graves Moran (VA) same back to the House forthwith with the Berry Green (WI) Murphy b 1646 following amendment: Biggert Green, Al Musgrave Bilirakis Green, Gene Nadler Mrs. NORTHUP, Ms. GINNY BROWN- SECTION 1. SHORT TITLE AND TABLE OF CON- Bishop (GA) Grijalva Napolitano WAITE of Florida, Ms. HARRIS, Mrs. TENTS. Bishop (NY) Gutierrez Neal (MA) JO ANN DAVIS of Virginia, Messrs. (a) SHORT TITLE.—This Act may be cited as Blumenauer Harman Ney LOBIONDO, POMBO, LEWIS of Ken- the ‘‘Honest Leadership and Open Govern- Boehlert Harris Northup Bono Hart Nussle tucky, FOLEY, MOLLOHAN, CAMP- ment Act of 2006’’. Boren Hastings (FL) Oberstar BELL of California, GIBBONS, HYDE, (b) TABLE OF CONTENTS.—The table of con- Boswell Hastings (WA) Obey GRAVES, SODREL, CULBERSON, tents for this Act is as follows: Boucher Hayworth Olver KELLER, PICKERING, CALVERT, Boustany Herseth Ortiz Sec. 1. Short title and table of contents. Mrs. MUSGRAVE, Messrs. FORBES, Boyd Higgins Owens TITLE I—CLOSING THE REVOLVING Bradley (NH) Hinchey Pallone GOODLATTE, BILIRAKIS and CAN- DOOR Brady (PA) Hinojosa Pascrell TOR changed their vote from ‘‘aye’’ to Brown (OH) Hobson Pastor ‘‘no.’’ Sec. 101. Extension of lobbying ban for Brown (SC) Hoekstra Payne former Members and employees Miss MCMORRIS, Mr. OTTER and Brown, Corrine Holden Pelosi of Congress and executive Brown-Waite, Holt Pence Mr. ISTOOK changed their vote from branch officials. Ginny Honda Peterson (MN) ‘‘no’’ to ‘‘aye.’’ Sec. 102. Elimination of floor privileges and Butterfield Hooley Peterson (PA) So the amendment was rejected. Calvert Hoyer Petri access to Members exercise fa- Camp (MI) Hyde Pickering The result of the vote was announced cilities for former Member lob- Campbell (CA) Inglis (SC) Platts as above recorded. byists. Cantor Inslee Poe PERSONAL EXPLANATION Sec. 103. Disclosure by Members of Congress Capito Israel Pombo Ms. HARRIS. Mr. Chairman, I am writing in Capps Issa Pomeroy and senior congressional staff Capuano Jackson (IL) Porter regards to the Gohmert Amendment to the of employment negotiations. Cardin Jackson-Lee Price (GA) Lobbying Accountability and Transparency Sec. 104. Ethics review of employment nego- Cardoza (TX) Price (NC) Act. During the vote on the amendment, roll tiations by executive branch of- Carnahan Jefferson Pryce (OH) ficials. Carson Jindal Putnam No. 117, I inadvertently voted ‘‘no,’’ but in- Case Johnson (CT) Rahall tended to vote ‘‘aye.’’ Sec. 105. Wrongfully influencing a private Castle Johnson (IL) Ramstad The Acting CHAIRMAN (Mr. PETRI). entity’s employment decisions Chabot Johnson, E. B. Rangel There being no other amendments, the or practices. Chandler Jones (OH) Regula question is on the amendment in the TITLE II—FULL PUBLIC DISCLOSURE OF Chocola Kanjorski Rehberg Clay Kaptur Reichert nature of a substitute, as amended. LOBBYING Cleaver Keller Reyes The amendment in the nature of a Sec. 201. Quarterly filing of lobbying disclo- Clyburn Kelly Rogers (KY) substitute, as amended, was agreed to. sure reports. Conyers Kennedy (MN) Ros-Lehtinen The Acting CHAIRMAN. Under the Costa Kennedy (RI) Ross Sec. 202. Electronic filing of lobbying disclo- Costello Kildee Rothman rule, the Committee rises. sure reports. Cramer Kilpatrick (MI) Roybal-Allard Accordingly, the Committee rose; Sec. 203. Additional lobbying disclosure re- Crenshaw Kind Royce and the Speaker pro tempore (Mr. quirements. Crowley King (NY) Ruppersberger GILLMOR) having assumed the chair, Cuellar Kirk Rush Sec. 204. Disclosure of paid efforts to stimu- Culberson Knollenberg Ryan (OH) Mr. PETRI, Acting Chairman of the late grassroots lobbying. Cummings Kucinich Ryan (WI) Committee of the Whole House on the Sec. 205. Disclosure of lobbying activities by Davis (AL) Kuhl (NY) Salazar State of the Union, reported that that certain coalitions and associa- Davis (CA) LaHood Sa´ nchez, Linda Committee, having had under consider- tions. Davis (FL) Langevin T. Davis (IL) Lantos Sanchez, Loretta ation the bill (H.R. 4975) to provide Sec. 206. Disclosure by registered lobbyists Davis (KY) Larsen (WA) Sanders greater transparency with respect to of past executive and congres- Davis (TN) Larson (CT) Saxton lobbying activities, and for other pur- sional employment. Davis, Jo Ann LaTourette Schakowsky poses, pursuant to House Resolution Sec. 207. Public database of lobbying disclo- Davis, Tom Leach Schiff sure information. DeFazio Lee Schmidt 783, he reported the bill, as amended Sec. 208. Conforming amendment. DeGette Levin Schwartz (PA) pursuant to that rule, back to the DeLauro Lewis (CA) Scott (VA) House with further sundry amend- TITLE III—RESTRICTING Dent Lewis (GA) Sensenbrenner CONGRESSIONAL TRAVEL AND GIFTS Diaz-Balart, L. Lewis (KY) Serrano ments adopted by the Committee of the Diaz-Balart, M. Lipinski Shadegg Whole. Sec. 301. Ban on gifts from lobbyists. Dicks LoBiondo Shaw The SPEAKER pro tempore. Under Sec. 302. Prohibition on privately funded Dingell Lofgren, Zoe Shays the rule, the previous question is or- travel. Doggett Lowey Sherman Doyle Lynch Shimkus dered. Sec. 303. Prohibiting lobbyist organization Drake Maloney Simmons Is a separate vote demanded on any and participation in congres- Dreier Markey Skelton further amendment? If not, the Chair sional travel. Edwards Marshall Slaughter will put them en gros. Sec. 304. Prohibition on obligation of funds Ehlers Matheson Smith (NJ) The amendments were agreed to. for travel by legislative and ex- Emanuel Matsui Smith (WA) ecutive branch officials. Emerson McCarthy Snyder The SPEAKER pro tempore. The Engel McCaul (TX) Sodrel question is on the engrossment and Sec. 305. Per diem expenses for congres- Eshoo McCollum (MN) Solis third reading of the bill. sional travel. Etheridge McCotter Souder The bill was ordered to be engrossed Farr McDermott Spratt TITLE IV—ENFORCEMENT OF LOBBYING Fattah McGovern Stark and read a third time, and was read the RESTRICTIONS Ferguson McHugh Strickland third time. Sec. 401. Office of public integrity. Filner McIntyre Stupak MOTION TO RECOMMIT OFFERED BY MS. Fitzpatrick (PA) McKinney Sweeney Sec. 402. Increased civil and criminal pen- SLAUGHTER Foley McNulty Tanner alties for failure to comply Forbes Meehan Tauscher Ms. SLAUGHTER. Mr. Speaker, I with lobbying disclosure re- Ford Meek (FL) Taylor (MS) offer a motion to recommit. quirements.

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0655 E:\CR\FM\A03MY7.073 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2047 Sec. 403. Penalty for false certification in ‘‘4. (a) A former Member, Delegate, or Resi- her position’’ the following: ‘‘and the Office connection with congressional dent Commissioner; a former Parliamen- of Government Ethics’’; and travel. tarian of the House; or a former elected offi- (B) by striking ‘‘a written determination Sec. 404. Mandatory annual ethics training cer of the House or former minority em- made by such official’’ and inserting ‘‘a writ- for House employees. ployee nominated as an elected officer of the ten determination made by the Office of TITLE V—OPEN GOVERNMENT House; or a head of a department shall not be Government Ethics, after consultation with entitled to the privilege of admission to the such official,’’; and Sec. 501. Fiscal responsibility. Hall of the House and rooms leading thereto Sec. 502. Curbing abuses of power. (2) in subsection (b)(3), by striking ‘‘the of- if he or she— Sec. 503. Ending 2-day work weeks. ficial responsible for the employee’s appoint- ‘‘(1) is a registered lobbyist or agent of a Sec. 504. Knowing what the House is voting ment, after review of’’ and inserting ‘‘the Of- foreign principal as those terms are defined on. fice of Government Ethics, after consulta- in clause 5 of rule XXV; Sec. 505. Full and open debate in conference. tion with the official responsible for the em- ‘‘(2) has any direct personal or pecuniary ployee’s appointment and after review of’’; TITLE VI—ANTI-CRONYISM AND PUBLIC interest in any legislative measure pending and SAFETY before the House or reported by a committee; (3) in subsection (d)(1)— Sec. 601. Minimum requirements for polit- or (A) by striking ‘‘Upon request’’ and all ical appointees holding public ‘‘(3) is in the employ of or represents any that follows through ‘‘Ethics in Government safety positions. party or organization for the purpose of in- Act of 1978.’’ and inserting ‘‘In each case in Sec. 602. Effective date. fluencing, directly or indirectly, the passage, which the Office of Government Ethics TITLE VII—ZERO TOLERANCE FOR defeat, or amendment of any legislative pro- makes a determination granting an exemp- CONTRACT CHEATERS posal. tion under subsection (b)(1) or (b)(3) to a per- ‘‘(b) The Speaker may promulgate regula- Sec. 701. Public availability of Federal con- son, the Office shall, not later than 3 busi- tions that exempt ceremonial or educational tract awards. ness days after making such determination, functions from the restrictions of this Sec. 702. Prohibition on award of monopoly make available to the public pursuant to the clause.’’. procedures set forth in section 105 of the contracts. (2) Clause 2(a)(12) of rule IV of the Rules of Sec. 703. Competition in multiple award con- Ethics in Government Act of 1978, and pub- the House of Representatives is amended by lish in the Federal Register, such determina- tracts. inserting ‘‘(subject to clause 4)’’ before the Sec. 704. Suspension and debarment of un- tion and the materials submitted by such period. person in requesting such exemption.’’; and ethical contractors. (b) EXERCISE FACILITIES.—(1) The House of (B) by striking ‘‘the agency may withhold’’ Sec. 705. Criminal sanctions for cheating Representatives may not provide access to and inserting ‘‘the Office of Government taxpayers and wartime fraud. any exercise facility which is made available Ethics may withhold’’. Sec. 706. Prohibition on contractor conflicts exclusively to Members and former Members of interest. of the House of Representatives to any SEC. 105. WRONGFULLY INFLUENCING A PRIVATE Sec. 707. Disclosure of Government con- ENTITY’S EMPLOYMENT DECISIONS former Member who is a lobbyist registered OR PRACTICES. tractor overcharges. under the Lobbying Disclosure Act of 1995 or (a) IN GENERAL.—Chapter 11 of title 18, Sec. 708. Penalties for improper sole-source any successor statute. For purposes of this contracting procedures. United States Code, is amended by adding at section, the term ‘‘Member of the House of the end the following: Sec. 709. Stopping the revolving door. Representatives’’ includes a Delegate or TITLE VIII—PRESIDENTIAL LIBRARIES Resident Commissioner to the Congress. ‘‘§ 226. Wrongfully influencing a private enti- ty’s employment decisions by a Member of Sec. 801. Presidential libraries. (2) The Committee on House Administra- tion shall promulgate regulations to carry Congress TITLE IX—FORFEITURE OF RETIREMENT out this section. ‘‘Whoever, being a Senator or Representa- BENEFITS SEC. 103. DISCLOSURE BY MEMBERS OF CON- tive in, or a Delegate or Resident Commis- Sec. 901. Loss of pensions accrued during GRESS AND SENIOR CONGRES- sioner to, the Congress or an employee of ei- service as a Member of Con- SIONAL STAFF OF EMPLOYMENT NE- ther House of Congress, with the intent to gress for abusing the public GOTIATIONS. influence on the basis of partisan political trust. Rule XXIII of the Rules of the House of affiliation an employment decision or em- Representatives is amended by redesignating TITLE I—CLOSING THE REVOLVING DOOR ployment practice of any private entity— clause 14 as clause 15 and by adding at the ‘‘(1) takes or withholds, or offers or threat- SEC. 101. EXTENSION OF LOBBYING BAN FOR end the following new clause: FORMER MEMBERS AND EMPLOY- ens to take or withhold, an official act; or ‘‘14. (a) A Member, Delegate, Resident ‘‘(2) influences, or offers or threatens to in- EES OF CONGRESS AND EXECUTIVE Commissioner, officer, or employee of the BRANCH OFFICIALS. fluence, the official act of another; House covered by the post employment re- Section 207 of title 18, United States Code, shall be fined under this title or imprisoned striction provisions of title 18, United States is amended— for not more than 15 years, or both, and may Code, shall notify the Committee on Stand- (1) in subsection (c)— be disqualified from holding any office of ards of Official Conduct that he or she is ne- (A) in the subsection heading, by striking honor, trust, or profit under the United gotiating or has any arrangement con- ‘‘One-year’’ and inserting ‘‘Two-year’’; States.’’. cerning prospective private employment if a (B) in paragraph (1), by striking ‘‘1 year’’ (b) NO INFERENCE.—Nothing in section 226 conflict of interest or the appearance of a and inserting ‘‘2 years’’ in both places it ap- of title 18, United States Code, as added by conflict of interest may exist. this section, shall be construed to create any pears; and ‘‘(b) The disclosure and notification under inference with respect to whether the activ- (C) in paragraph (2)(B), by striking ‘‘1-year subparagraph (a) shall be made within 3 busi- ity described in section 226 of title 18, United period’’ and inserting ‘‘2-year period;’’ ness days after the commencement of such States Code, was already a criminal or civil (2) in subsection (d)— negotiation or arrangement. (A) in paragraph (1), by striking ‘‘1 year’’ ‘‘(c) A Member or employee to whom this offense prior to the enactment of this Act, and inserting ‘‘2 years’’; and rule applies shall recuse himself or herself including sections 201(b), 201(c), and 216 of (B) in paragraph (2)(A), by striking ‘‘1 from any matter in which there is a conflict title 18, United States Code. year’’ and inserting ‘‘2 years’’; and of interest for that Member or employee (c) CHAPTER ANALYSIS.—The chapter anal- (3) in subsection (e)— under this rule and notify the Committee on ysis for chapter 11 of title 18, United States (A) in paragraph (1)(A), by striking ‘‘1 Standards of Official Conduct of such Code, is amended by adding at the end the year’’ and inserting ‘‘2 years’’; recusal. following: (B) in paragraph (2)(A), by striking ‘‘1 ‘‘(d)(1) The Committee on Standards of Of- ‘‘226. Wrongfully influencing a private enti- year’’ and inserting ‘‘2 years’’; ficial Conduct shall develop guidelines con- ty’s employment decisions by a (C) in paragraph (3), by striking ‘‘1 year’’ cerning conduct which is covered by this Member of Congress.’’. and inserting ‘‘2 years’’; paragraph. (d) HOUSE RULES.—Rule XXIII of the Rules (D) in paragraph (4), by striking ‘‘1 year’’ ‘‘(2) The Committee on Standards of Offi- of the House (as amended by section 103) is and inserting ‘‘2 years’’; cial Conduct shall maintain a current public further amended by redesignating clause 15 (E) in paragraph (5)(A), by striking ‘‘1 record of all notifications received under as clause 16, and by inserting after clause 14 year’’ and inserting ‘‘2 years’’; and subparagraph (a) and of all recusals under the following new clause: (F) in paragraph (6), by striking ‘‘1-year pe- subparagraph (c).’’. ‘‘15. No Member, Delegate, or Resident riod’’ and inserting ‘‘2-year period’’. SEC. 104. ETHICS REVIEW OF EMPLOYMENT NE- Commissioner shall, with the intent to influ- SEC. 102. ELIMINATION OF FLOOR PRIVILEGES GOTIATIONS BY EXECUTIVE BRANCH ence on the basis of partisan political affili- AND ACCESS TO MEMBERS EXER- OFFICIALS. ation an employment decision or employ- CISE FACILITIES FOR FORMER MEM- Section 208 of title 18, United States Code, ment practice of any private entity— BER LOBBYISTS. is amended— ‘‘(1) take or withhold, or offer or threaten (a) FLOOR PRIVILEGES.—(1) Clause 4 of rule (1) in subsection (b)(1)— to take or withhold, an official act; or IV of the Rules of the House of Representa- (A) by inserting after ‘‘the Government of- ‘‘(2) influence, or offer or threaten to influ- tives is amended to read as follows: ficial responsible for appointment to his or ence, the official act of another.’’.

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.075 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2048 CONGRESSIONAL RECORD — HOUSE May 3, 2006 TITLE II—FULL PUBLIC DISCLOSURE OF the House of Representatives. The Secretary ‘‘(A) if a report states (under section 5(b)(9) LOBBYING of the Senate and the Clerk of the House of or otherwise) that a Member of Congress was SEC. 201. QUARTERLY FILING OF LOBBYING DIS- Representatives shall provide for public ac- contacted, immediately notify that Member CLOSURE REPORTS. cess to such reports on the Internet.’’. of that report; and (a) QUARTERLY FILING REQUIRED.—Section SEC. 203. ADDITIONAL LOBBYING DISCLOSURE ‘‘(B) where necessary,’’. 5 of the Lobbying Disclosure Act of 1995 (2 REQUIREMENTS. SEC. 204. DISCLOSURE OF PAID EFFORTS TO U.S.C. 1604) is amended— (a) DISCLOSURE OF CONTRIBUTIONS AND PAY- STIMULATE GRASSROOTS LOB- (1) in subsection (a)— MENTS.—Section 5(b) of the Lobbying Disclo- BYING. (a) DISCLOSURE OF PAID EFFORTS TO STIMU- (A) by striking ‘‘Semiannual’’ and insert- sure Act of 1995 (2 U.S.C. 1604(b)) is amend- ed— LATE GRASSROOTS LOBBYING.—Section 3 of ing ‘‘Quarterly’’; (1) in paragraph (5), as added by section the Lobbying Disclosure Act of 1995 (2 U.S.C. (B) by striking ‘‘the semiannual period’’ 204(c), by striking the period and inserting a 1602) is amended— and all that follows through ‘‘July of each semicolon; and (1) in paragraph (7), by adding at the end year’’ and insert ‘‘the quarterly period begin- (2) by adding at the end the following: the following: ‘‘Lobbying activities include ning on the first days of January, April, ‘‘(6) for each registrant (and for any polit- paid efforts to stimulate grassroots lobbying, July, and October of each year’’; and ical committee, as defined in section 301(4) of but do not include grassroots lobbying.’’; and (C) by striking ‘‘such semiannual period’’ the Federal Election Campaign Act of 1971 (2 (2) by adding at the end the following: and insert ‘‘such quarterly period’’; and U.S.C. 431(4)), affiliated with such registrant) ‘‘(18) GRASSROOTS LOBBYING.—The term (2) in subsection (b)— and for each employee listed as a lobbyist by ‘grassroots lobbying’ means the voluntary (A) in the matter preceding paragraph (1), a registrant under paragraph 2(C)— efforts of members of the general public to by striking ‘‘semiannual report’’ and insert- ‘‘(A) the name of each Federal candidate or communicate their own views on an issue to ing ‘‘quarterly report’’; officeholder, leadership PAC, or political Federal officials or to encourage other mem- (B) in paragraph (2), by striking ‘‘semi- party committee, to whom a contribution bers of the general public to do the same. annual filing period’’ and inserting ‘‘quar- was made, and the amount of such contribu- ‘‘(19) PAID EFFORTS TO STIMULATE GRASS- terly period’’; tion; and ROOTS LOBBYING.—The term ‘paid efforts to (C) in paragraph (3), by striking ‘‘semi- ‘‘(B) the name of each Federal candidate or stimulate grassroots lobbying’— annual period’’ and inserting ‘‘quarterly pe- officeholder, or a leadership PAC of such ‘‘(A) means any paid attempt to influence riod’’; and candidate or officeholder, or political party the general public, or segments thereof, to (D) in paragraph (4), by striking ‘‘semi- committee for whom a fundraising event was engage in grassroots lobbying or lobbying annual filing period’’ and inserting ‘‘quar- hosted, cohosted, or otherwise sponsored, the contacts; and terly period’’. date and location of the event, and the total ‘‘(B) does not include any attempt de- (b) CONFORMING AMENDMENTS.— amount raised by the event; scribed in subparagraph (A) by a person or (1) DEFINITION.—Section 3(10) of the Lob- ‘‘(7) a certification that the lobbying firm entity directed to its members, employees, bying Disclosure Act of 1995 (2 U.S.C. 1602) is or registrant has not provided, requested, or officers or shareholders, unless such attempt amended by striking ‘‘six month period’’ and directed a gift, including travel, to a Member is financed with funds directly or indirectly inserting ‘‘three-month period’’. or employee of Congress in violation of received from or arranged by a lobbyist or (2) REGISTRATION.—Section 4 of the Lob- clause 5 of rule XXV of the Rules of the other registrant under this Act retained by bying Disclosure Act of 1995 (2 U.S.C. 1603) is House of Representatives; another person or entity. amended— ‘‘(8) the date, recipient, and amount of ‘‘(20) GRASSROOTS LOBBYING FIRM.—The (A) in subsection (a)(3)(A), by striking funds contributed or disbursed by, or ar- term ‘grassroots lobbying firm’ means a per- ‘‘semiannual period’’ and inserting ‘‘quar- ranged by, a registrant or employee listed as son or entity that— terly period’’; and a lobbyist— ‘‘(A) is retained by 1 or more clients to en- (B) in subsection (b)(3)(A), by striking ‘‘(A) to pay the costs of an event to honor gage in paid efforts to stimulate grassroots ‘‘semiannual period’’ and inserting ‘‘quar- or recognize a covered legislative branch of- lobbying on behalf of such clients; and terly period’’. ficial or covered executive branch official; ‘‘(B) receives income of, or spends or agrees (3) ENFORCEMENT.—Section 6 of the Lob- ‘‘(B) to, or on behalf of, an entity that is to spend, an aggregate of $50,000 or more for bying Disclosure Act of 1995 (2 U.S.C. 1605) is named for a covered legislative branch offi- such efforts in any quarterly period.’’. amended in paragraph (6) by striking ‘‘semi- cial or covered executive branch official, or (b) REGISTRATION.—Section 4(a) of the Act annual period’’ and inserting ‘‘quarterly pe- to a person or entity in recognition of such (2 U.S.C. 1603(a)) is amended— riod’’. official; (1) in paragraph (1), by striking ‘‘45’’ and (4) ESTIMATES.—Section 15 of the Lobbying ‘‘(C) to an entity established, financed, inserting ‘‘20’’; Disclosure Act of 1995 (2 U.S.C. 1610) is maintained, or controlled by a covered legis- (2) in the flush matter at the end of para- amended— lative branch official or covered executive graph (3)(A)— (A) in subsection (a)(1), by striking ‘‘semi- branch official, or an entity designated by (A) by striking ‘‘as estimated’’ and insert- annual period’’ and inserting ‘‘quarterly pe- such official; or ing ‘‘as included’’; and riod’’; and ‘‘(D) to pay the costs of a meeting, retreat, (B) by adding at the end the following: (B) in subsection (b)(1), by striking ‘‘semi- conference or other similar event held by, or ‘‘For purposes of clauses (i) and (ii) the term annual period’’ and inserting ‘‘quarterly pe- for the benefit of, 1 or more covered legisla- ‘lobbying activities’ shall not include paid riod’’. tive branch officials or covered executive efforts to stimulate grassroots lobbying.’’; (5) DOLLAR AMOUNTS.— branch officials; (3) by redesignating paragraph (3) as para- (A) Section 4 of the Lobbying Disclosure except that this paragraph shall not apply to graph (4); and Act of 1995 (2 U.S.C. 1603) is amended— (4) by inserting after paragraph (2) the fol- (i) in subsection (a)(3)(A)(i), by striking any payment or reimbursement made from funds required to be reported under section lowing: ‘‘$5,000’’ and inserting ‘‘$2,500’’; ‘‘(3) GRASSROOTS LOBBYING FIRMS.—Not (ii) in subsection (a)(3)(A)(ii), by striking 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434); and later than 20 days after a grassroots lobbying ‘‘$20,000’’ and inserting ‘‘$10,000’’; firm first is retained by a client to engage in (iii) in subsection (b)(3)(A), by striking ‘‘(9) the name of each Member of Congress contacted by lobbyists employed by the reg- paid efforts to stimulate grassroots lobbying, ‘‘$10,000’’ and inserting ‘‘$5,000’’; and such grassroots lobbying firm shall register (iv) in subsection (b)(4), by striking istrant on behalf of the client.’’. (b) LEADERSHIP PAC.—Section 3 of the Lob- with the Secretary of the Senate and the ‘‘$10,000’’ and inserting ‘‘$5,000’’. bying Disclosure Act of 1995 (2 U.S.C. 1602) is Clerk of the House of Representatives.’’. (B) Section 5 of the Lobbying Disclosure amended by adding at the end the following: (c) SEPARATE ITEMIZATION OF PAID EFFORTS Act of 1995 (2 U.S.C. 1604) is amended— TO STIMULATE GRASSROOTS LOBBYING.—Sec- ‘‘(17) LEADERSHIP PAC.—The term ‘leader- (i) in subsection (c)(1), by striking ship PAC’ means an unauthorized multi- tion 5(b) of the Act (2 U.S.C. 1604(b)) is ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ candidate political committee that is estab- amended— and ‘‘$10,000’’, respectively; and lished, financed, maintained, and controlled (1) in paragraph (3), by— (ii) in subsection (c)(2), by striking by an individual who is a Federal office- (A) inserting after ‘‘total amount of all in- ‘‘$10,000’’ both places such term appears and holder or a candidate for Federal office.’’. come’’ the following: ‘‘(including a separate inserting ‘‘$5,000’’. (c) FULL AND DETAILED ACCOUNTING.—Sec- good faith estimate of the total amount re- SEC. 202. ELECTRONIC FILING OF LOBBYING DIS- tion 5(c)(1) of the Lobbying Disclosure Act of lating specifically to paid efforts to stimu- CLOSURE REPORTS. 1995 (2 U.S.C. 1604(c)(1)) is amended by strik- late grassroots lobbying and, within that Section 5 of the Lobbying Disclosure Act of ing ‘‘shall be rounded to the nearest $20,000’’ amount, a good faith estimate of the total 1995 (2 U.S.C. 1604) is amended by adding at and inserting ‘‘shall be rounded to the near- amount specifically relating to paid adver- the end the following: est $1,000’’. tising)’’; and ‘‘(d) ELECTRONIC FILING REQUIRED.—A re- (d) NOTIFICATION OF MEMBERS.—Section 6 (B) striking ‘‘and’’ after the semicolon; port required to be filed under this section of the Lobbying Disclosure Act of 1995 (2 (2) in paragraph (4), by— shall be filed in electronic form, in addition U.S.C. 1605) is amended in paragraph (2) by (A) inserting after ‘‘total expenses’’ the to any other form that may be required by striking ‘‘review, and, where necessary’’ and following: ‘‘(including a good faith estimate the Secretary of the Senate or the Clerk of inserting ‘‘review and— of the total amount relating specifically to

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.075 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2049 paid efforts to stimulate grassroots lobbying of 1986 and exempt from tax under section ing ‘‘or a covered legislative branch offi- and, within that total amount, a good faith 501(a) of such Code, or cial,’’. estimate of the total amount specifically re- ‘‘(II) which is described in any other para- SEC. 207. PUBLIC DATABASE OF LOBBYING DIS- lating to paid advertising)’’; and graph of section 501(c) of the Internal Rev- CLOSURE INFORMATION. (B) striking the period and inserting a enue Code of 1986 and exempt from tax under (a) DATABASE REQUIRED.—Section 6 of the semicolon; section 501(a) of such Code and which has Lobbying Disclosure Act of 1995 (2 U.S.C. (3) by adding at the end the following: substantial exempt activities other than lob- 1605) is further amended— ‘‘(5) in the case of a grassroots lobbying bying with respect to the specific issue for (1) in paragraph (7) by striking ‘‘and’’ at firm, for each client— which it engaged the person filing the reg- the end; ‘‘(A) a good faith estimate of the total dis- istration statement under section 4, (2) in paragraph (8) by striking the period bursements made for grassroots lobbying ac- the association (and not its members) shall at the end and inserting ‘‘; and’’; and tivities, and a subtotal for disbursements be treated as the client. (3) by adding at the end the following new made for grassroots lobbying through paid ‘‘(iii) EXCEPTION FOR CERTAIN MEMBERS.— paragraph: advertising; ‘‘(I) IN GENERAL.—Information on a mem- ‘‘(9) maintain, and make available to the ‘‘(B) identification of each person or entity ber of a coalition or association need not be public over the Internet, without a fee or other than an employee who received a dis- included in any registration under section 4 other access charge, in a searchable, sort- bursement of funds for grassroots lobbying if the amount reasonably expected to be con- able, and downloadable manner, an elec- activities of $10,000 or more during the period tributed by such member toward the activi- tronic database that— and the total amount each person or entity ties of the coalition or association of influ- ‘‘(A) includes the information contained in received; and encing legislation is less than $500 per any registrations and reports filed under this ‘‘(C) if such disbursements are made quarterly period. Act; through a person or entity who serves as an ‘‘(II) EXCEPTION.—Subclause (I) shall not ‘‘(B) directly links the information it con- intermediary or conduit, identification of apply with respect to any member who unex- tains to the information disclosed in reports each such intermediary or conduit, identi- pectedly makes aggregate contributions of filed with the Federal Election Commission fication of the person or entity who receives more than $500 in any quarterly period, and under section 304 of the Federal Election the funds, and the total amount each such the date the aggregate of such contributions Campaign Act of 1971 (2 U.S.C. 434); and person or entity received.’’; and first exceeds $500 in such period shall be ‘‘(C) is searchable and sortable to the max- (4) by adding at the end the following: treated as the date of first employment or imum extent practicable, including search- ‘‘Subparagraphs (B) and (C) of paragraph (2) retention to make a lobbying contact for able and sortable by each of the categories of shall not apply with respect to reports relat- purposes of section 4. information described in section 4(b) or ing to paid efforts to stimulate grassroots ‘‘(III) NO DONOR OR MEMBERSHIP LIST DIS- 5(b).’’. lobbying activities.’’. CLOSURE.—No disclosure is required under (b) AVAILABILITY OF REPORTS.—Section 6 of (d) LARGE GRASSROOTS EXPENDITURE.—Sec- this Act if it is publicly available knowledge such Act is further amended in paragraph (4) tion 5(a) of the Act (2 U.S.C. 1604(a)) is that the organization that would be identi- by inserting before the semicolon at the end amended— fied is affiliated with the client or has been the following: ‘‘and, in the case of a report (1) by striking ‘‘No later’’ and inserting: publicly disclosed to have provided funding filed in electronic form pursuant to section ‘‘(1) IN GENERAL.—Except as provided in to the client, unless the organization in 5(d), shall make such report available for paragraph (2), not later’’; and whole or in major part plans, supervises or public inspection over the Internet not more (2) by adding at the end the following: controls such lobbying activities. Nothing in than 48 hours after the report is so filed’’. ‘‘(2) LARGE GRASSROOTS EXPENDITURE.—A this paragraph shall be construed to require (c) AUTHORIZATION OF APPROPRIATIONS.— registrant that is a grassroots lobbying firm the disclosure of any information about indi- There are authorized to be appropriated such and that receives income of, or spends or viduals who are members of, or donors to, an sums as may be necessary to carry out para- agrees to spend, an aggregate amount of entity treated as a client by this Act or an graph (9) of section 6 of such Act, as added by $250,000 or more on paid efforts to stimulate organization identified under this para- subsection (a). grassroots lobbying for a client, or for a graph.’’. SEC. 208. CONFORMING AMENDMENT. group of clients for a joint effort, shall file— ‘‘(iv) LOOK-THRU RULES.—In the case of a The requirements of this Act shall not ‘‘(A) a report under this section not later coalition or association which is treated as a apply to the activities of any political com- than 20 days after receiving, spending, or client under the first sentence of clause (i)— mittee described in section 301(4) of the Fed- agreeing to spend that amount; and ‘‘(I) such coalition or association shall be eral Election Campaign Act of 1971. ‘‘(B) an additional report not later than 20 treated as employing or retaining other per- TITLE III—RESTRICTING CONGRESSIONAL days after each time such registrant receives sons to conduct lobbying activities for pur- TRAVEL AND GIFTS income of, or spends or agrees to spend, an poses of determining whether any individual SEC. 301. BAN ON GIFTS FROM LOBBYISTS. aggregate amount of $250,000 or more on paid member thereof is treated as a client under (a) IN GENERAL.—Clause 5(a)(1)(A) of rule efforts to stimulate grassroots lobbying for a clause (i), and XXV of the Rules of the House of Represent- client, or for a group of clients for a joint ef- ‘‘(II) information on such coalition or asso- atives is amended by inserting ‘‘(i)’’ after fort.’’. ciation need not be included in any registra- ‘‘(A)’’ and adding at the end the following: SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES tion under section 4 of the coalition or asso- ‘‘(ii) A Member, Delegate, Resident Com- BY CERTAIN COALITIONS AND ASSO- ciation with respect to which it is treated as missioner, officer, or employee of the House CIATIONS. a client under clause (i).’’. may not knowingly accept a gift from a reg- (a) IN GENERAL.—Paragraph (2) of section 3 (b) EFFECTIVE DATE.— istered lobbyist or agent of a foreign prin- of the Lobbying Disclosure Act of 1995 (2 (1) IN GENERAL.—The amendments made by cipal or from a nongovernmental organiza- U.S.C. 1602) is amended to read as follows: this section shall apply to— tion that retains or employs registered lob- ‘‘(2) CLIENT.— (A) coalitions and associations listed on byists or agents of a foreign principal except ‘‘(A) IN GENERAL.—The term ‘client’ means registration statements filed under section 4 as provided in subparagraphs (2)(B) or (3) of any person or entity that employs or retains of the Lobbying Disclosure Act of 1995 (2 this paragraph.’’. another person for financial or other com- U.S.C. 1603) after the date of the enactment (b) RULES COMMITTEE REVIEW.—The Com- pensation to conduct lobbying activities on of this Act, and mittee on Rules shall review the present ex- behalf of that person or entity. A person or (B) coalitions and associations for whom ceptions to the House gift rule and make rec- entity whose employees act as lobbyists on any lobbying contact is made after the date ommendations to the House not later than 3 its own behalf is both a client and an em- of the enactment of this Act. months after the date of enactment of this ployer of such employees. (2) SPECIAL RULE.—In the case of any coali- Act on eliminating all but those which are ‘‘(B) TREATMENT OF COALITIONS AND ASSO- tion or association to which the amendments absolutely necessary to effectuate the pur- CIATIONS.— made by this Act apply by reason of para- pose of the rule. ‘‘(i) IN GENERAL.—Except as provided in graph (1)(B), the person required by such sec- SEC. 302. PROHIBITION ON PRIVATELY FUNDED clauses (ii) and (iii), in the case of a coalition tion 4 to file a registration statement with TRAVEL. or association that employs or retains other respect to such coalition or association shall Clause 5(b)(1)(A) of rule XXV of the Rules persons to conduct lobbying activities, each file a new registration statement within 30 of the House of Representatives is amended of the individual members of the coalition or days after the date of the enactment of this by inserting ‘‘or from a nongovernmental or- association (and not the coalition or associa- Act. ganization that retains or employs reg- tion) is the client. For purposes of section SEC. 206. DISCLOSURE BY REGISTERED LOBBY- istered lobbyists or agents of a foreign prin- 4(a)(3), the preceding sentence shall not ISTS OF PAST EXECUTIVE AND CON- cipal’’ after ‘‘foreign principal’’. apply, and the coalition or association shall GRESSIONAL EMPLOYMENT. SEC. 303. PROHIBITING LOBBYIST ORGANIZA- be treated as the client. Section 4(b)(6) of the Lobbying Disclosure TION AND PARTICIPATION IN CON- ‘‘(ii) EXCEPTION FOR CERTAIN TAX-EXEMPT Act of 1995 (2 U.S.C. 1603(b)(6)) is amended by GRESSIONAL TRAVEL. ASSOCIATIONS.—In case of an association— striking ‘‘or a covered legislative branch of- (a) IN GENERAL.—Clause 5 of rule XXV of ‘‘(I) which is described in paragraph (3) of ficial’’ and all that follows through ‘‘as a the Rules of the House of Representatives is section 501(c) of the Internal Revenue Code lobbyist on behalf of the client,’’ and insert- amended by redesignating paragraphs (e) and

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.075 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2050 CONGRESSIONAL RECORD — HOUSE May 3, 2006 (f) as paragraphs (g) and (h), respectively, House Administration shall develop and re- this section shall be imprisoned for not more and by inserting after paragraph (d) the fol- vise, as necessary, guidelines on what con- than 5 years, or fined under title 18, United lowing: stitutes ‘reasonable expenses’ or ‘reasonable States Code, or both. ‘‘(e) A Member, Delegate, Resident Com- expenditures’ for purposes of this rule. In de- ‘‘(2) CORRUPTLY.—Whoever knowingly, missioner, officer, or employee of the House veloping and revising the guidelines, the wilfully, and corruptly fails to comply with may not accept transportation or lodging on committee shall take into account the max- any provision of this section shall be impris- any trip that is planned, organized, re- imum per diem rates for official Government oned for not more than 10 years, or fined quested, arranged, or financed in whole or in travel published annually by the General under title 18, United States Code, or both.’’. part by a lobbyist or agent of a foreign prin- Services Administration, the Department of SEC. 403. PENALTY FOR FALSE CERTIFICATION cipal, or in which a lobbyist participates. State, and the Department of Defense.’’. IN CONNECTION WITH CONGRES- ‘‘(f) Before a Member, Delegate, Resident TITLE IV—ENFORCEMENT OF LOBBYING SIONAL TRAVEL. Commissioner, officer, or employee of the RESTRICTIONS (a) CIVIL FINE.— House may accept transportation or lodging (1) IN GENERAL.—Whoever makes a false otherwise permissible under this paragraph SEC. 401. OFFICE OF PUBLIC INTEGRITY. certification in connection with the travel of from any person, such individual shall obtain (a) ESTABLISHMENT.—There is established a Member, officer, or employee of either 30 days before such trip a written certifi- within the Office of Inspector General of the House of Congress (within the meaning given cation from such person (and provide a copy House of Representatives an office to be those terms in section 207 of title 18, United of such certification to the Committee on known as the ‘‘Office of Public Integrity’’ States Code), under clause 5 of rule XXV of Standards of Official Conduct) that— (referred to in this section as the ‘‘Office’’), the Rules of the House of Representatives, ‘‘(1) the trip was not planned, organized, which shall be headed by a Director of Public shall, upon proof of such offense by a prepon- requested, arranged, or financed in whole, or Integrity (hereinafter referred to as the ‘‘Di- derance of the evidence, be subject to a civil in part by a registered lobbyist or agent of a rector’’). fine depending on the extent and gravity of foreign principal and was not organized at (b) OFFICE.—The Office shall have access to the violation. all lobbyists’ disclosure information received the request of a registered lobbyist or agent (2) MAXIMUM FINE.—The maximum fine per of a foreign principal; by the Clerk under the Lobbying Disclosure offense under this section depends on the ‘‘(2) registered lobbyists will not partici- Act of 1995 and conduct such audits and in- number of separate trips in connection with pate in or attend the trip; and vestigations as are necessary to ensure com- which the person committed an offense ‘‘(3) the person did not accept, from any pliance with the Act. under this subsection, as follows: (c) REFERRAL AUTHORITY.—The Office shall source, funds specifically earmarked for the (A) FIRST TRIP.—For each offense com- purpose of financing the travel expenses. have authority to refer violations of the Lob- mitted in connection with the first such trip, The Committee on Standards of Official Con- bying Disclosure Act of 1995 to the Com- the amount of the fine shall be not more duct shall make public information received mittee on Standards of Official Conduct and than $100,000 per offense. the Department of Justice for disciplinary under this paragraph as soon as possible (B) SECOND TRIP.—For each offense com- after it is received.’’. action, as appropriate. mitted in connection with the second such (b) CONFORMING AMENDMENTS.—Clause (d) DIRECTOR.— trip, the amount of the fine shall be not 5(b)(3) of rule XXV of the Rules of the House (1) IN GENERAL.—The Director shall be ap- more than $300,000 per offense. pointed by the Inspector General of the of Representatives is amended— (C) ANY OTHER TRIPS.—For each offense (1) by striking ‘‘of expenses reimbursed or House. Any appointment made under this committed in connection with any such trip to be reimbursed’’; subsection shall be made without regard to after the second, the amount of the fine shall (2) in subdivision (E), by striking ‘‘and’’ political affiliation and solely on the basis of be not more than $500,000 per offense. fitness to perform the duties of the position. after the semicolon; (3) ENFORCEMENT.—The Attorney General (3) in subdivision (F), by striking the pe- Any person appointed as Director shall be may bring an action in United States dis- riod and inserting ‘‘; and’’; and learned in the law, a member of the bar of a trict court to enforce this subsection. State or the District of Columbia, and shall (4) by adding at the end the following: (b) CRIMINAL PENALTY.— not engage in any other business, vocation, ‘‘(G) a description of meetings and events (1) IN GENERAL.—Whoever knowingly and attended during such travel, except when or employment during the term of such ap- wilfully fails to comply with any provision of disclosure of such information is deemed by pointment. this section shall be imprisoned for not more the Member or supervisor under whose direct (2) STAFF.—The Director shall hire such than 5 years, or fined under title 18, United supervision the employee works to jeop- additional staff as are required to carry out States Code, or both. this section, including investigators and ac- ardize the safety of an individual or other- (2) CORRUPTLY.—Whoever knowingly, wise interfere with the official duties of the countants. wilfully, and corruptly fails to comply with Member, Delegate, Resident Commissioner, (e) AUDITS AND INVESTIGATIONS.— any provision of this section shall be impris- officer, or employee.’’. (1) IN GENERAL.—The Office shall audit lob- oned for not more than 10 years, or fined (c) PUBLIC AVAILABILITY.—Subparagraph bying registrations and reports filed pursu- under title 18, United States Code, or both. ant to the Lobbying Disclosure Act of 1995 to (5) of rule XXV of the Rules of the House of SEC. 404. MANDATORY ANNUAL ETHICS TRAIN- Representatives is amended to read as fol- determine the extent of compliance or non- ING FOR HOUSE EMPLOYEES. compliance with the requirements of such lows: (a) ETHICS TRAINING.— Act by lobbyists and their clients. ‘‘(e) The Clerk of the House shall make (1) IN GENERAL.—The Committee on Stand- available to the public all advance author- (2) EVIDENCE OF NON-COMPLIANCE.—If in the ards of Official Conduct shall provide annual izations, certifications, and disclosures filed course an audit conducted pursuant to the ethics training to each employee of the pursuant to subparagraphs (1) and subpara- requirements of paragraph (1), the Office ob- House which shall include knowledge of the graph (3)(H) as soon as possible after they tains information indicating that a person or Official Code of Conduct and related House are received.’’. entity may be in non-compliance with the rules. requirements of the Lobbying Disclosure Act SEC. 304. PROHIBITION ON OBLIGATION OF (2) NEW EMPLOYEES.—A new employee of FUNDS FOR TRAVEL BY LEGISLA- of 1995, the Office shall refer the matter to the House shall receive training under this TIVE AND EXECUTIVE BRANCH OFFI- the United States Attorney for the District section not later than 60 days after begin- CIALS. of Columbia. ning service to the House. No Federal agency may obligate any funds (f) CONFORMING AMENDMENT.—Section 8 of (b) CERTIFICATION.—Not later than January made available in an appropriation Act for a the Lobbying Disclosure Act of 1995 (2 U.S.C. 31 of each year, each employee of the House flight on a non-governmental airplane that 1607) is amended by striking subsection (c). shall file a certification with the Committee is not licensed by the Federal Aviation Ad- (g) AUTHORIZATION OF APPROPRIATIONS.— on Standards of Official Conduct that the ministration to operate for compensation or There are authorized to be appropriated in a employee attended ethics training in the last hire, taken as part of official duties of a separate account such sums as are necessary year as established by this section. United States Senator, a Member, Delegate, to carry out this section. TITLE V—OPEN GOVERNMENT or Resident Commissioner of the House of SEC. 402. INCREASED CIVIL AND CRIMINAL PEN- Representatives, an officer or employee of ALTIES FOR FAILURE TO COMPLY SEC. 501. FISCAL RESPONSIBILITY. the Senate or House of Representatives, or WITH LOBBYING DISCLOSURE RE- (a) RECONCILIATION.—Clause 10 of rule an officer or employee of the executive QUIREMENTS. XVIII of the Rules of the House of Represent- branch. Section 7 of the Lobbying Disclosure Act of atives is amended by adding at the end the SEC. 305. PER DIEM EXPENSES FOR CONGRES- 1995 (2 U.S.C. 1606) is amended— following new paragraph: SIONAL TRAVEL. (1) by inserting ‘‘ (a) CIVIL PENALTY.—’’ be- ‘‘(d) It shall not be in order to consider any Rule XXV of the Rules of the House of Rep- fore ‘‘Whoever’’; reconciliation legislation which has the net resentatives (as amended by section 304(b) is (2) by striking ‘‘$50,000’’ and inserting effect of reducing the surplus or increasing further amended by adding at the end the ‘‘$100,000’’; and the deficit compared to the most recent Con- following: (3) by adding at the end the following: gressional Budget Office estimate for any fis- ‘‘(h) Not later than 90 days after the date ‘‘(b) CRIMINAL PENALTY.— cal year.’’. of adoption of this paragraph and at annual ‘‘(1) IN GENERAL.—Whoever knowingly and (b) APPLICATION OF POINTS OF ORDER UNDER intervals thereafter, the Committee on wilfully fails to comply with any provision of CONGRESSIONAL BUDGET ACT TO ALL BILLS

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AND JOINT RESOLUTIONS CONSIDERED UNDER statement shall be made available to the (C) by adding at the end the following new SPECIAL ORDERS OF BUSINESS.—Rule XXI of general public by the Joint Committee on subparagraph: the Rules of the House of Representatives is Taxation.’’. ‘‘(7) a rule or order that waives clause 8 of amended by adding at the end the following (c) RESTRICTIONS ON REPORTING CERTAIN rule XIII or clause 8(a)(1)(B) of rule XXII, un- new clause: RULES.—Clause 6(c) of rule XIII of the Rules less a question of consideration of the rule is ‘‘7. For purposes of applying section 315 of of the House of Representatives is amended— adopted by a vote of two-thirds of the Mem- the Congressional Budget and Impoundment (1) by striking ‘‘or’’ at the end of subpara- bers voting, a quorum being present.’’. Control Act of 1974, the term ‘as reported’ graph (1); (b) CONFERENCE REPORTS.—Clause 8(a)(1)(B) under such section shall be considered to in- (2) by striking the period at the end of sub- of rule XXII of the Rules of the House of clude any bill or joint resolution considered paragraph (2) and inserting a semicolon; and Representatives is amended by striking ‘‘2 in the House pursuant to a special order of (3) by adding at the end the following new hours’’ and inserting ‘‘24 hours or, in the business.’’. subparagraphs: case of a conference report containing a dis- SEC. 502. CURBING ABUSES OF POWER. ‘‘(3) a rule or order for consideration of a trict-oriented earmark or limited tax ben- (a) LIMIT ON TIME PERMITTED FOR RE- bill or joint resolution reported by a com- efit, until 3 days after’’. CORDED ELECTRONIC VOTES.—Clause 2(a) of mittee that makes in order as original text SEC. 505. FULL AND OPEN DEBATE IN CON- rule XX of the Rules of the House of Rep- for purposes of amendment, text which dif- FERENCE. resentatives is amended by inserting after fers from such bill or joint resolution as rec- (a) NUMBERED AMENDMENTS.—Clause 1 of the second sentence the following sentence: ommended by such committee to be amended rule XXII of the Rules of the House of Rep- ‘‘The maximum time for a record vote by unless the rule or order also makes in order resentatives is amended by adding at the end electronic device shall be 20 minutes, except as preferential a motion to amend that is the following new sentence: ‘‘A motion to re- that the time may be extended with the con- neither divisible nor amendable but, if quest or agree to a conference on a general sent of both the majority and minority floor adopted will be considered original text for appropriation bill is in order only if the managers of the legislation involved or both purposes of amendment, if requested by the House expresses its disagreements with the the majority leader and the minority lead- chairman or ranking minority member of House in the form of numbered amend- er.’’. the reporting committee, and such rule or ments.’’. (b) CONGRESSIONAL INTEGRITY.—Rule XXIII order shall waive all necessary points of (b) PROMOTING OPENNESS IN DELIBERATIONS of the Rules of the House of Representatives order against that amendment only if it re- OF MANAGERS.—Clause 12(a) of rule XXII of (the Code of Official Conduct) is amended— stores all or part of the text of the bill or the Rules of the House of Representatives is (1) by redesignating clause 14 as clause 16; joint resolution as recommended by such amended by adding at the end the following and committee or strikes some or all of the new subparagraph: (2) by inserting after clause 13 the fol- original text inserted by the Committee on ‘‘(3) All provisions on which the two lowing new clauses: Rules that was not contained in the rec- Houses disagree shall be open to discussion ‘‘14. A Member, Delegate, or Resident Com- ommended version; at any meeting of a conference committee. missioner shall not condition the inclusion ‘‘(4) a rule or order that waives any points The text which reflects the conferees’ action of language to provide funding for a district- of order against consideration of a bill or on all of the differences between the two oriented earmark, a particular project which joint resolution, against provisions in the Houses, including all matter to be included will be carried out in a Member’s congres- measure, or against consideration of amend- in the conference report and any amend- sional district, in any bill or joint resolution ments recommended by the reporting com- ments in disagreement, shall be available to (or an accompanying report thereof) or in mittee unless the rule or order makes in any of the managers at least one such meet- any conference report on a bill or joint reso- order and waives the same points of order ing, and shall be approved by a recorded vote lution (including an accompanying joint against one germane amendment if re- of a majority of the House managers. Such statement of managers thereto) on any vote quested by the minority leader or a designee; text and, with respect to such vote, the total cast by the Member, Delegate, or Resident ‘‘(5) a rule or order that waives clause 10(d) number of votes cast for and against, and the Commissioner in whose Congressional dis- of rule XVIII, unless the majority leader and names of members voting for and against, trict the project will be carried out. minority leader each agree to the waiver and shall be included in the joint explanatory ‘‘15. (a) A Member, Delegate, or Resident a question of consideration of the rule is statement of managers accompanying the Commissioner who advocates to include a adopted by a vote of two-thirds of the Mem- conference report of such conference com- district-oriented earmark in any bill or joint bers voting, a quorum being present; or mittee.’’. resolution (or an accompanying report) or in ‘‘(6) a rule or order that waives clause 12(a) (c) POINT OF ORDER AGAINST CONSIDERATION any conference report on a bill or joint reso- of rule XXII.’’. OF CONFERENCE REPORT NOT REFLECTING lution (including an accompanying joint SEC. 503. ENDING 2-DAY WORK WEEKS. RESOLUTION OF DIFFERENCES AS APPROVED.— statement of managers thereto) shall dis- Rule XV of the Rules of the House of Rep- (1) IN GENERAL.—Rule XXII of the Rules of close in writing to the chairman and ranking resentatives is amended by adding at the end the House of Representatives is amended by member of the relevant committee (and in the following new clause: adding at the end the following new clause: the case of the Committee on Appropriations ‘‘8. It shall not be in order to consider a ‘‘13. It shall not be in order to consider a to the chairman and ranking member of the resolution providing for adjournment sine conference report the text of which differs in full committee and of the relevant sub- die unless, during at least 20 weeks of the any material way from the text which re- committee)— session, a quorum call or recorded vote was flects the conferees’ action on all of the dif- ‘‘(1) the name of the Member, Delegate, or taken on at least 4 of the weekdays (exclud- ferences between the two Houses, as ap- Resident Commissioner; ing legal public holidays).’’. proved by a recorded vote of a majority of ‘‘(2) the name and address of the intended SEC. 504. KNOWING WHAT THE HOUSE IS VOTING the House managers as required under clause recipient of such earmark; ON. 12(a).’’. ‘‘(3) the purpose of such earmark; and (a) BILLS AND JOINT RESOLUTIONS.— (2) PROHIBITING WAIVER.—Clause 6(c)(6) of ‘‘(4) whether the Member, Delegate, or (1) IN GENERAL.—Rule XIII of the Rules of rule XIII of the Rules of the House of Rep- Resident Commissioner has a financial inter- the House of Representatives is amended by resentatives, as added by section 3(c)(3), is est in such earmark. adding at the end the following new clause: further amended by striking ‘‘clause 12(a)’’ ‘‘(b) Each committee shall make available ‘‘8. Except for motions to suspend the rules and inserting ‘‘clause 12(a) or clause 13’’. to the general public the information trans- and consider legislation, it shall not be in TITLE VI—ANTI-CRONYISM AND PUBLIC mitted to the committee under paragraph (a) order to consider in the House a bill or joint SAFETY for any earmark included in any measure re- resolution until 24 hours after or, in the case SEC. 601. MINIMUM REQUIREMENTS FOR POLIT- ported by the committee or conference re- of a bill or joint resolution containing a dis- ICAL APPOINTEES HOLDING PUBLIC port filed by the chairman of the committee trict-oriented earmark or limited tax ben- SAFETY POSITIONS. or any subcommittee thereof. efit, until 3 days after copies of such bill or (a) IN GENERAL.—A public safety position ‘‘(c) The Joint Committee on Taxation joint resolution (and, if the bill or joint reso- may not be held by any political appointee shall review any revenue measure or any rec- lution is reported, copies of the accom- who does not meet the requirements of sub- onciliation bill or joint resolution which in- panying report) are available (excluding Sat- section (b). cludes revenue provisions before it is re- urdays, Sundays, or legal holidays except (b) MINIMUM REQUIREMENTS.—An individual ported by a committee and before it is filed when the House is in session on such a shall not, with respect to any position, be by a committee of conference of the two day).’’. considered to meet the requirements of this Houses, and shall identify whether such bill (2) PROHIBITING WAIVER.—Clause 6(c) of rule subsection unless such individual— or joint resolution contains any limited tax XIII of the Rules of the House of Representa- (1) has academic, management, and leader- benefits. The Joint Committee on Taxation tives, as amended by section 3(a), is further ship credentials in one or more areas rel- shall prepare a statement identifying any amended— evant to such position; such limited tax benefits, stating who the (A) by striking ‘‘or’’ at the end of subpara- (2) has a superior record of achievement in beneficiaries are of such benefits, and any graph (5); one or more areas relevant to such position; substantially similar introduced measures (B) by striking the period at the end of (3) has training and expertise in one or and the sponsors of such measures. Any such subparagraph (6) and inserting ‘‘; or’’; and more areas relevant to such position; and

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COMPETITION IN MULTIPLE AWARD (c) POLITICAL APPOINTEE.—For purposes of (a) AMENDMENT.—The Office of Federal CONTRACTS. this section, the term ‘‘political appointee’’ Procurement Policy Act (41 U.S.C. 403 et ‘‘(a) REGULATIONS REQUIRED.—Not later means any individual who— seq.) is amended by inserting after section 19 than 180 days after the date of the enactment (1) is employed in a position listed in sec- the following new section: of this section, the Federal Acquisition Reg- tions 5312 through 5316 of title 5, United ‘‘SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT ulation shall be revised to require competi- States Code (relating to the Executive AWARD INFORMATION. tion in the purchase of goods and services by Schedule); ‘‘Not later than 14 days after the award of each executive agency pursuant to multiple (2) is a limited term appointee, limited a contract by an executive agency, the head award contracts. emergency appointee, or noncareer ap- of the executive agency shall make publicly ‘‘(b) CONTENT OF REGULATIONS.—(1) The pointee in the Senior Executive Service; or available, including by posting on the Inter- regulations required by subsection (a) shall (3) is employed in the executive branch of net in a searchable database, the following provide, at a minimum, that each individual the Government in a position which has been information with respect to the contract: purchase of goods or services in excess of excepted from the competitive service by ‘‘(1) The name and address of the con- $100,000 that is made under a multiple award contract shall be made on a competitive reason of its policy-determining, policy- tractor. basis unless a contracting officer of the exec- making, or policy-advocating character. ‘‘(2) The date of award of the contract. utive agency— (d) PUBLIC SAFETY POSITION.—For purposes ‘‘(3) The number of offers received in re- ‘‘(A) waives the requirement on the basis of this section, the term ‘‘public safety posi- sponse to the solicitation. of a determination that— tion’’ means— ‘‘(4) The total amount of the contract. ‘‘(i) one of the circumstances described in (1) the Under Secretary for Emergency ‘‘(5) The contract type. paragraphs (1) through (4) of section 303J(b) Preparedness and Response, Department of ‘‘(6) The items, quantities, and any stated applies to such individual purchase; or Homeland Security; unit price of items or services to be procured ‘‘(ii) a statute expressly authorizes or re- (2) the Director of the Federal Emergency under the contract. quires that the purchase be made from a Management Agency, Department of Home- ‘‘(7) With respect to a procurement carried specified source; and land Security; out using procedures other than competitive (3) each regional director of the Federal ‘‘(B) justifies the determination in writing. procedures— ‘‘(2) For purposes of this subsection, an in- Emergency Management Agency, Depart- ‘‘(A) the authority for using such proce- dividual purchase of goods or services is ment of Homeland Security; dures under section 303(c) of title III of the made on a competitive basis only if it is (4) the Recovery Division Director of the Federal Property and Administrative Serv- made pursuant to procedures that— Federal Emergency Management Agency, ices Act of 1949 (41 U.S.C. 253(c)) or section ‘‘(A) require fair notice of the intent to Department of Homeland Security; 2304(c) of title 10, United States Code; and make that purchase (including a description (5) the Assistant Secretary for Immigra- ‘‘(B) the number of sources from which bids of the work to be performed and the basis on tion and Customs Enforcement, Department or proposals were solicited. which the selection will be made) to be pro- of Homeland Security; ‘‘(8) The general reasons for selecting the vided to all contractors offering such goods (6) the Assistant Secretary for Public contractor.’’. or services under the multiple award con- Health Emergency Preparedness, Depart- (b) CLERICAL AMENDMENT.—The table of tract; and ment of Health and Human Services; contents contained in section 1(b) of such ‘‘(B) afford all contractors responding to (7) the Assistant Administrator for Solid Act is amended by inserting after the item the notice a fair opportunity to make an Waste and Emergency Response, Environ- relating to section 19 the following new item: offer and have that offer fairly considered by mental Protection Agency; and ‘‘Sec. 19A. Public availability of contract the official making the purchase. (8) any position (not otherwise identified award information.’’. ‘‘(3) Notwithstanding paragraph (2), notice under any of the preceding provisions of this may be provided to fewer than all contrac- subsection) a primary function of which in- (c) EFFECTIVE DATE.—The amendments made by this Act shall apply to contracts en- tors offering such goods or services under a volves responding to a direct threat to life or multiple award contract described in sub- property or a hazard to health, as identified tered into more than 90 days after the date of the enactment of this Act. section (c)(2)(A) if notice is provided to as by the head of each employing agency in many contractors as practicable. consultation with the Office of Personnel SEC. 702. PROHIBITION ON AWARD OF MONOP- ‘‘(4) A purchase may not be made pursuant Management. OLY CONTRACTS. to a notice that is provided to fewer than all Beginning not later than 30 days after the (a) Paragraph (3) of section 303H(d) of title contractors under paragraph (3) unless— date of the enactment of this Act, the head III of the Federal Property and Administra- ‘‘(A) offers were received from at least of each agency shall maintain on such agen- tive Services Act of 1949 (41 U.S.C. 253h(d)) is three qualified contractors; or cy’s public website a current list of all public amended to read as follows: ‘‘(B) a contracting officer of the executive safety positions within such agency. ‘‘(3)(A) The regulations implementing this agency determines in writing that no addi- (e) COORDINATION WITH OTHER REQUIRE- subsection shall prohibit the award of mo- tional qualified contractors were able to be MENTS.—The requirements set forth in sub- nopoly contracts. identified despite reasonable efforts to do so. section (b) shall be in addition to, and not in ‘‘(B) In this subsection, the term ‘monop- ‘‘(5) For purposes of paragraph (2), fair no- lieu of, any requirements that might other- oly contract’ means a task or delivery order tice means notice of intent to make a pur- wise apply with respect to any particular po- contract in an amount estimated to exceed chase under a multiple award contract post- sition. $10,000,000 (including all options) awarded to ed, at least 14 days before the purchase is (f) DEFINITIONS.—For purposes of this sec- a single contractor. made, on the website maintained by the Gen- tion— ‘‘(C) Notwithstanding subparagraph (A), a eral Services Administration known as (1) the term ‘‘agency’’ means an Executive monopoly contract may be awarded if the FedBizOpps.gov (or any successor site). agency (as defined by section 105 of title 5, head of the agency determines in writing ‘‘(c) DEFINITIONS.—In this section: United States Code); that— ‘‘(1) The term ‘individual purchase’ means (2) the terms ‘‘limited term appointee’’, ‘‘(i) for one of the reasons set forth in sec- a task order, delivery order, or other pur- ‘‘limited emergency appointee’’, and ‘‘non- tion 303(c), a single task or delivery order chase. career appointee’’ have the respective mean- contract is in the best interest of the Federal ‘‘(2) The term ‘multiple award contract’ ings given them by section 3132 of such title Government; or means— 5; ‘‘(ii) the task orders expected under the ‘‘(A) a contract that is entered into by the (3) the term ‘‘Senior Executive Service’’ contract are so integrally related that only a Administrator of General Services under the has the meaning given such term by section single contractor can reasonably perform the multiple award schedule program referred to 2101a of such title 5; work.’’. in section 309(b)(3); (4) the term ‘‘competitive service’’ has the (b) Section 303H(d)(1) of such Act is amend- ‘‘(B) a multiple award task order contract meaning given such term by section 2102 of ed by striking ‘‘The head’’ and inserting that is entered into under the authority of such title 5; and ‘‘Subject to paragraph (3), the head’’. sections 2304a through 2304d of title 10, (5) the terms ‘‘lobbyist’’ and ‘‘client’’ have (c) Subsection (e) of section 303I of such United States Code, or sections 303H through the respective meanings given them by sec- Act (41 United States Code 253i) is amended 303K; and tion 3 of the Lobbying Disclosure Act of 1995 to read as follows: ‘‘(C) any other indefinite delivery, indefi- (2 U.S.C. 1602). ‘‘(e) MULTIPLE AWARDS.—Section 303H(d) nite quantity contract that is entered into SEC. 602. EFFECTIVE DATE. applies to a task or delivery order contract by the head of an executive agency with two This title shall apply with respect to any for the procurement of advisory and assist- or more sources pursuant to the same solici- appointment made after the end of the 30- ance services under this section.’’. tation.

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‘‘(d) APPLICABILITY.—The revisions to the ‘‘(c) VENUE.—A prosecution for an offense tract for the performance of a function relat- Federal Acquisition Regulation pursuant to under this section may be brought— ing to contract oversight regardless of subsection (a) shall take effect not later ‘‘(1) as authorized by chapter 211 of this whether such contract was entered into be- than 180 days after the date of the enactment title; fore, on, or after the date of enactment of of this section and shall apply to all indi- ‘‘(2) in any district where any act in fur- this Act. vidual purchases of goods or services that therance of the offense took place; or SEC. 707. DISCLOSURE OF GOVERNMENT CON- are made under multiple award contracts on ‘‘(3) in any district where any party to the TRACTOR OVERCHARGES. or after the effective date, without regard to contract or provider of goods or services is (a) QUARTERLY REPORT TO CONGRESS.— whether the multiple award contracts were located.’’. (1) The head of each Federal agency or de- entered into before, on, or after such effec- (2) TABLE OF SECTIONS.—The table of sec- partment shall submit to the chairman and tive date.’’. tions for chapter 47 of title 18, United States ranking member of each committee de- SEC. 704. SUSPENSION AND DEBARMENT OF UN- Code, is amended by adding at the end the scribed in paragraph (2) on a quarterly basis ETHICAL CONTRACTORS. following: a report that includes the following: (a) CIVILIAN AGENCY CONTRACTORS.—Title ‘‘1039. Criminal Sanctions for Cheating Tax- (A) A list of audits or other reports issued III of the Federal Property and Administra- payers and Wartime Fraud.’’. during the applicable quarter that describe tive Services Act of 1949 (41 U.S.C. 251 et contractor costs in excess of $1,000,000 that (d) CIVIL FORFEITURE.—Section 981(a)(1)(C) have been identified as unjustified, unsup- seq.) is amended by inserting after section of title 18, United States Code, is amended by ported, questioned, or unreasonable under 303N, as added by section 703, the following inserting ‘‘1039,’’ after ‘‘1032,’’. new section: any contract, task or delivery order, or sub- (e) CRIMINAL FORFEITURE.—Section ‘‘SEC. 303O. SUSPENSION AND DEBARMENT OF 982(a)(2)(B) of title 18, United States Code, is contract. UNETHICAL CONTRACTORS. amended by striking ‘‘or 1030’’ and inserting (B) The specific amounts of costs identified ‘‘(a) IN GENERAL.—No prospective con- ‘‘1030, or 1039’’. as unjustified, unsupported, questioned, or unreasonable and the percentage of their tractor may be awarded a contract with an (f) MONEY LAUNDERING.—Section agency unless the contracting officer for the 1956(c)(7)(D) of title 18, United States Code, is total value of the contract, task or delivery contract determines that such prospective amended by inserting the following: ‘‘, sec- order, or subcontract. contractor has a satisfactory record of integ- tion 1039 (relating to Criminal Sanctions for (C) A list of audits or other reports issued rity and business ethics. Cheating Taxpayers and Wartime Fraud,’’ during the applicable quarter that identify ‘‘(b) DEFINITION.—No prospective con- after ‘‘liquidating agent of financial institu- significant or substantial deficiencies in any tractor shall be considered to have a satis- tion),’’. business system of any contractor under any factory record of integrity and business eth- contract, task or delivery order, or sub- ics if it— SEC. 706. PROHIBITION ON CONTRACTOR CON- FLICTS OF INTEREST. contract. ‘‘(1) has exhibited a pattern of over- (2) The report described in paragraph (1) (a) PROHIBITION.—An agency may not enter charging the Government under Federal con- into a contract for the performance of a shall be submitted to the Committee on Gov- tracts; function relating to contract oversight with ernment Reform of the House of Representa- ‘‘(2) has exhibited a pattern of failing to any contractor with a conflict of interest. tives, the Committee on Homeland Security comply with the law, including tax, labor and Governmental Affairs of the Senate, and (b) DEFINITIONS.—In this section: and employment, environmental, antitrust, (1) The term ‘‘function relating to contract other committees of jurisdiction. and consumer protection laws; or (b) SUBMISSION OF INDIVIDUAL AUDITS.—The oversight’’ includes the following specific ‘‘(3) has an outstanding debt with a Fed- head of each Federal agency or department functions: eral agency in a delinquent status.’’ shall provide, within 14 days after a request (A) Evaluation of a contractor’s perform- (b) CONFORMING AMENDMENT.—The table of in writing by the chairman or ranking mem- ance. sections at the beginning of such Act is ber of any of the committees described in (B) Evaluation of contract proposals. amended by inserting after the item relating subsection (a)(2), a full and unredacted copy (C) Development of statements of work. to section 303N, as added by section 703, the of any audit or other report described in sub- (D) Services in support of acquisition plan- following new item: section (a)(1). ning. SEC. 708. PENALTIES FOR IMPROPER SOLE- ‘‘Sec. 303O. Suspension and debarment of un- (E) Contract management. ethical contractors.’’. SOURCE CONTRACTING PROCE- (2) The term ‘‘conflict of interest’’ includes DURES. SEC. 705. CRIMINAL SANCTIONS FOR CHEATING cases in which the contractor performing the Section 303 of the Federal Property and TAXPAYERS AND WARTIME FRAUD. function relating to contract oversight, or Administrative Services Act (41 U.S.C. 253) is (a) PROHIBITION.— any related entity— amended— (1) IN GENERAL.—Chapter 47 of title 18, (A) is performing all or some of the work (1) by redesignating subsections (g), (h), United States Code, is amended by adding at to be overseen; the end the following: and (i) as subsections (h), (i), and (j), respec- (B) has a separate ongoing business rela- tively; and ‘‘§ 1039. Criminal sanctions for cheating tax- tionship, such as a joint venture or contract, (2) by inserting after subsection (f) the fol- payers and wartime fraud with any of the contractors to be overseen; lowing new subsection: ‘‘(a) PROHIBITION.— (C) would be placed in a position to affect ‘‘(g) Any official who knowingly and inten- ‘‘(1) IN GENERAL.—Whoever, in any matter the value or performance of work it or any tionally violates Federal procurement law in involving a Federal contract for the provi- related entity is doing under any other Gov- the preparation or certification of a jus- sion of goods or services, knowingly and will- ernment contract; tification for a sole-source contract, in the fully— (D) has a reverse role with the contractor award of a sole-source contract, or in direct- ‘‘(A) executes or attempts to execute a to be overseen under one or more separate ing or participating in the award of a sole- scheme or artifice to defraud the United Government contracts; and source contract, shall be subject to adminis- States; (E) has some other relationship with the trative sanctions up to and including termi- ‘‘(B) falsifies, conceals, or covers up by any contractor to be overseen that could reason- nation of employment.’’. trick, scheme, or device a material fact; ably appear to bias the contractor’s judg- SEC. 709. STOPPING THE REVOLVING DOOR. ‘‘(C) makes any materially false, fictitious, ment. (a) ELIMINATION OF LOOPHOLES THAT ALLOW or fraudulent statements or representations, (3) The term ‘‘related entity’’, with respect FORMER FEDERAL OFFICIALS TO ACCEPT COM- or makes or uses any materially false writ- to a contractor, means any subsidiary, par- PENSATION FROM CONTRACTORS OR RELATED ing or document knowing the same to con- ent, affiliate, joint venture, or other entity ENTITIES.— tain any materially false, fictitious, or related to the contractor. (1) Paragraph (1) of section 27(d) of the Of- fraudulent statement or entry; or (c) CONTRACTS RELATING TO INHERENTLY fice of Federal Procurement Policy Act (41 ‘‘(D) materially overvalues any good or GOVERNMENTAL FUNCTIONS.—An agency may U.S.C. 423(d)(1)) is amended— service with the specific intent to exces- not enter into a contract for the perform- (A) by striking ‘‘or consultant’’ and insert- sively profit from war, military action, or re- ance of inherently governmental functions ing ‘‘consultant, lawyer, or lobbyist’’; lief or reconstruction activities; for contract oversight (as described in sub- (B) by striking ‘‘one year’’ and inserting shall be fined under paragraph (2), impris- part 7.5 of part 7 of the Federal Acquisition ‘‘two years’’; and oned not more than 10 years, or both. Regulation). (C) in subparagraph (C), by striking ‘‘per- ‘‘(2) FINE.—A person convicted of an of- (d) EFFECTIVE DATE AND APPLICABILITY.— sonally made for the Federal agency—’’ and fense under paragraph (1) may be fined the This section shall take effect on the date of inserting ‘‘participated personally and sub- greater of— enactment of this Act and shall apply to— stantially in—’’. ‘‘(A) $1,000,000; or (1) contracts entered into on or after such (2) Paragraph (2) of section 27(d) of such ‘‘(B) if such person derives profits or other date; Act (41 U.S.C. 423(d)(2)) is amended to read as proceeds from the offense, not more than (2) any task or delivery order issued on or follows: twice the gross profits or other proceeds. after such date under a contract entered into ‘‘(2) For purposes of paragraph (1), the ‘‘(b) EXTRATERRITORIAL JURISDICTION.— before, on, or after such date; and term ‘contractor’ includes any division, affil- There is extraterritorial Federal jurisdiction (3) any decision on or after such date to ex- iate, subsidiary, parent, joint venture, or over an offense under this section. ercise an option or otherwise extend a con- other related entity of the contractor.’’.

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(b) PROHIBITION ON AWARD OF GOVERNMENT tion or contributions (whether monetary or made after the date of the enactment of this CONTRACTS TO FORMER EMPLOYERS.—Section in-kind) totaling $100 or more for the quar- Act. 27 of such Act (41 U.S.C. 423) is amended by terly period. TITLE IX—FORFEITURE OF RETIREMENT adding at the end the following new sub- ‘‘(2) For purposes of paragraph (1), the ap- BENEFITS section: plicable date— SEC. 901. LOSS OF PENSIONS ACCRUED DURING ‘‘(i) PROHIBITION ON INVOLVEMENT BY CER- ‘‘(A) with respect to information required SERVICE AS A MEMBER OF CON- TAIN FORMER CONTRACTOR EMPLOYEES IN under paragraph (1)(A), shall be April 15, GRESS FOR ABUSING THE PUBLIC PROCUREMENTS.—A former employee of a July 15, October 15, and January 15 of each TRUST. contractor who becomes an employee of the year and of the following year as applicable (a) CIVIL SERVICE RETIREMENT SYSTEM.— Federal government shall not be personally to the fourth quarterly filing; and Section 8332 of title 5, United States Code, is and substantially involved with any Federal ‘‘(B) with respect to information required amended by adding at the end the following: agency procurement involving the employ- under paragraph (1)(B), shall be April 15, ‘‘(o)(1) Notwithstanding any other provi- ee’s former employer, including any division, July 15, October 15, and January 15 of each sion of this subchapter, the service of an in- affiliate, subsidiary, parent, joint venture, or year and of the following year as applicable dividual finally convicted of an offense de- other related entity of the former employer, to the fourth quarterly filing. scribed in paragraph (2) shall not be taken for a period of two years beginning on the ‘‘(3) As used in this subsection, the term into account for purposes of this subchapter, date on which the employee leaves the em- ‘information’ means the following: except that this sentence applies only to ployment of the contractor.’’. ‘‘(A) The amount or value of each contribu- service rendered as a Member (irrespective of (c) REQUIREMENT FOR FEDERAL PROCURE- tion made by a contributor referred to in when rendered). Any such individual (or MENT OFFICERS TO DISCLOSE JOB OFFERS paragraph (1) in the quarter covered by the other person determined under section MADE TO RELATIVES.—Section 27(c)(1) of such submission. 8342(c), if applicable) shall be entitled to be Act (41 U.S.C. 423(c)(1)) is amended by insert- ‘‘(B) The source of each such contribution, paid so much of such individual’s lump-sum ing after ‘‘that official’’ the following: ‘‘or and the address of the entity or individual credit as is attributable to service to which for a relative of that official (as defined in that is the source of the contribution. the preceding sentence applies. section 3110 of title 5, United States Code),’’. ‘‘(C) If the source of such a contribution is ‘‘(2)(A) An offense described in this para- (d) ADDITIONAL CRIMINAL PENALTIES.— an individual, the occupation of the indi- graph is any offense described in subpara- Paragraph (1) of section 27(e) of such Act (41 vidual. graph (B) for which the following apply: U.S.C. (e)(1)) is amended to read as follows: ‘‘(D) The date of each such contribution. ‘‘(i) Every act or omission of the individual ‘‘(1) CRIMINAL PENALTIES.—Whoever en- ‘‘(4) The Archivist shall make available to (referred to in paragraph (1)) that is needed gages in conduct constituting a violation the public through the Internet (or a suc- to satisfy the elements of the offense occurs of— cessor technology readily available to the while the individual is a Member. ‘‘(A) subsection (a) or (b) for the purpose of public) as soon as is practicable after each ‘‘(ii) Every act or omission of the indi- either— quarterly filing any information that is sub- vidual that is needed to satisfy the elements ‘‘(i) exchanging the information covered by mitted in accordance with paragraph (1). of the offense directly relates to the per- such subsection for anything of value, or ‘‘(5)(A) It shall be unlawful for any person formance of the individual’s official duties as ‘‘(ii) obtaining or giving anyone a competi- who makes a contribution described in para- a Member. tive advantage in the award of a Federal graph (1) to knowingly and willfully submit ‘‘(iii) The offense is committed after the agency procurement contract; or false material information or omit material date of enactment of this subsection. ‘‘(B) subsection (c) or (d); information with respect to the contribution ‘‘(B) An offense described in this subpara- to an organization described in such para- shall be imprisoned for not more than 5 graph is only the following, and only to the years or fined as provided under title 18, graph. ‘‘(B) The penalties described in section 1001 extent that the offense is a felony under title United States Code, or both.’’. 18: (e) REGULATIONS.—Section 27 of such Act of title 18, United States Code, shall apply with respect to a violation of subparagraph ‘‘(i) An offense under section 201 of title 18 (41 U.S.C. 423) is further amended by adding (bribery of public officials and witnesses). at the end of the following new subsection: (A) in the same manner as a violation de- scribed in such section. ‘‘(ii) An offense under section 219 of title 18 ‘‘(j) REGULATIONS.—The Director of the Of- (officers and employees acting as agents of fice of Government Ethics, in consultation ‘‘(6)(A) It shall be unlawful for any organi- zation described in paragraph (1) to know- foreign principals). with the Administrator, shall— ‘‘(iii) An offense under section 371 of title ‘‘(1) promulgate regulations to carry out ingly and willfully submit false material in- formation or omit material information 18 (conspiracy to commit offense or to de- and ensure the enforcement of this section; fraud United States) to the extent of any and under such paragraph. ‘‘(B) The penalties described in section 1001 conspiracy to commit an act which con- ‘‘(2) monitor and investigate individual and stitutes an offense under clause (i) or (ii). agency compliance with this section.’’. of title 18, United States Code, shall apply with respect to a violation of subparagraph ‘‘(3) An individual convicted of an offense TITLE VIII—PRESIDENTIAL LIBRARIES (A) in the same manner as a violation de- described in paragraph (2) shall not, after the SEC. 801. PRESIDENTIAL LIBRARIES. scribed in such section. date of the final conviction, be eligible to (a) IN GENERAL.—Section 2112 of title 44, ‘‘(7)(A) It shall be unlawful for a person to participate in the retirement system under United States Code, is amended by adding at knowingly and willfully— this subchapter or chapter 84 while serving the end the following new subsection: ‘‘(i) make a contribution described in para- as a Member. ‘‘(h)(1) Any organization that is estab- graph (1) in the name of another person; ‘‘(4) The Office of Personnel Management lished for the purpose of raising funds for ‘‘(ii) permit his or her name to be used to shall prescribe any regulations necessary to creating, maintaining, expanding, or con- effect a contribution described in paragraph carry out this subsection. Such regulations ducting activities at a Presidential archival (1); or shall include— depository or any facilities relating to a ‘‘(iii) accept a contribution described in ‘‘(A) provisions under which interest on Presidential archival depository, shall sub- paragraph (1) that is made by one person in any lump-sum payment under the second mit to the Administration, the Committee the name of another person. sentence of paragraph (1) shall be limited in on Government Reform of the House of Rep- ‘‘(B) The penalties set forth in section a manner similar to that specified in the last resentatives, and the Committee on Govern- 309(d) of the Federal Election Campaign Act sentence of section 8316(b); and mental Affairs of the Senate on a quarterly of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- ‘‘(B) provisions under which the Office may basis, by not later than the applicable date lation of subparagraph (A) in the same man- provide for— specified in paragraph (2), information with ner as if such violation were a violation of ‘‘(i) the payment, to the spouse or children respect to every contributor who, during the section 316(b)(3) of such Act. of any individual referred to in the first sen- designated period— ‘‘(8) The Archivist shall promulgate regula- tence of paragraph (1), of any amounts which ‘‘(A) with respect to a Presidential archi- tions for the purpose of carrying out this (but for this clause) would otherwise have val depository of a President who currently subsection.’’. been nonpayable by reason of such first sen- holds the Office of President or for which the (b) APPLICABILITY.—Section 2112(h) of title tence, but only to the extent that the appli- Archivist has not accepted, taken title to, or 44, United States Code (as added by sub- cation of this clause is considered necessary entered into an agreement to use any land or section (a))— given the totality of the circumstances; and facility, gave the organization a contribu- (1) shall apply to an organization estab- ‘‘(ii) an appropriate adjustment in the tion or contributions (whether monetary or lished for the purpose of raising funds for amount of any lump-sum payment under the in-kind) totaling $100 or more for the quar- creating, maintaining, expanding, or con- second sentence of paragraph (1) to reflect terly period; or ducting activities at a Presidential archival the application of clause (i). ‘‘(B) with respect to a Presidential archival depository or any facilities relating to a ‘‘(5) For purposes of this subsection— depository of a President who no longer Presidential archival depository before, on ‘‘(A) the term ‘Member’ has the meaning holds the Office of President and for which or after the date of the enactment of this given such term by section 2106, notwith- the Archivist has accepted, taken title to, or Act; and standing section 8331(2); and entered into an agreement to use any land or (2) shall only apply with respect to con- ‘‘(B) the term ‘child’ has the meaning facility, gave the organization a contribu- tributions (whether monetary or in-kind) given such term by section 8341.’’.

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.076 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2055 (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- and NBC News came out last week. One you by the election; or support a re- TEM.—Section 8411 of title 5, United States of its findings is that 78 percent of form proposal that will really begin to Code, is amended by adding at the end the Americans disapprove of the job Con- clean this place up. following: gress is doing. That means that four But I would warn my colleagues on ‘‘(l)(1) Notwithstanding any other provi- sion of this chapter, the service of an indi- out of every five people walking the both sides of the aisle that you cannot vidual finally convicted of an offense de- streets today in America are not happy have it both ways. The integrity of this scribed in paragraph (2) shall not be taken about what goes on here in this Capitol Congress is at stake here, and the time into account for purposes of this chapter, ex- Building. has come for all Members to choose cept that this sentence applies only to serv- There are a lot of reasons Americans their side in this debate. Either stand ice rendered as a Member (irrespective of are not happy with Congress, Mr. up and be part of the solution by sup- when rendered). Any such individual (or Speaker, and let me list a few of them. porting the proposal I have placed be- other person determined under section They are not happy that this Con- fore the House, or remain a part of the 8424(d), if applicable) shall be entitled to be gress allowed their energy industry paid so much of such individual’s lump-sum problem and vote with the Republican credit as is attributable to service to which buddies to write a national energy pol- leadership. the preceding sentence applies. icy that is earning the oil companies We know that the Democrat proposal ‘‘(2) An offense described in this paragraph record profits and costing the rest of us is a tough one, Mr. Speaker, but that is is any offense described in section more than $3 a gallon at the gas sta- what we have to do to drain this 8332(o)(2)(B) for which the following apply: tion. swamp. They want their Congress back ‘‘(A) Every act or omission of the indi- They are not happy that special in- out there in America, and so do I. They vidual (referred to in paragraph (1)) that is terests have been allowed into the back are sick and tired of a Congress that needed to satisfy the elements of the offense rooms to write legislation that benefits occurs while the individual is a Member. lavishes gifts on the special interests ‘‘(B) Every act or omission of the indi- them but not the American people. and then sends them the bill. Vote vidual that is needed to satisfy the elements They are not happy that these days ‘‘yes’’ on the motion to recommit. of the offense directly relates to the per- Members can get away with doing al- Mr. Speaker, I yield back the balance formance of the individual’s official duties as most anything unless it is so bad it of my time. a Member. gets the attention of the Justice De- The SPEAKER pro tempore. The gen- ‘‘(C) The offense is committed after the partment. tleman from California (Mr. DREIER) is date of enactment of this subsection. The Republican leadership can read recognized for 5 minutes in opposition ‘‘(3) An individual finally convicted of an the polls, too. They figured out they to the motion to recommit. offense described in paragraph (2) shall not, after the date of the conviction, be eligible are in trouble, so they put together Mr. DREIER. Mr. Speaker, I would to participate in the retirement system this so-called reform bill to show like to begin by saying that reform is under this chapter while serving as a Mem- Americans that at long last they are very, very difficult work to do; and I ber. ready to clean up their act. yield to the gentleman from Missouri ‘‘(4) The Office of Personnel Management But the problem is this is not a seri- (Mr. HULSHOF), my very good friend, a shall prescribe any regulations necessary to ous bill. For the past 2 weeks, com- lead reformer. carry out this subsection. Such regulations mentators and newspapers have been (Mr. HULSHOF asked and was given shall include— calling this bill for what it is, and here permission to revise and extend his re- ‘‘(A) provisions under which interest on any lump-sum payment under the second is what they say about it: It is a ‘‘wa- marks.) sentence of paragraph (1) shall be limited in tered down sham,’’ The Washington Mr. HULSHOF. Mr. Speaker, I appre- a manner similar to that specified in the last Post; an ‘‘anemic excuse for reform,’’ ciate the trust and confidence the sentence of section 8316(b); and USA Today; ‘‘an Orwellian shell of chairman has put in me and allowed ‘‘(B) provisions under which the Office may righteous platitudes’’ from the New me a few moments here today, and I provide for— York Times. rise in opposition to the motion to re- ‘‘(i) the payment, to the spouse or children Mr. Speaker, the motion to recommit commit. of any individual referred to in the first sen- I have at the desk is a real reform pro- Mr. Speaker, I would like to speak to tence of paragraph (1), of any amounts which posal. It is a proposal that makes a se- the larger point, because my soul is in (but for this clause) would otherwise have been nonpayable by reason of such first sen- rious effort at cleaning up this place, torment. I think that we have turned tence, but only to the extent that the appli- and there is good evidence that it is a the clock back to 1996 and 1997, when cation of this clause is considered necessary real reform proposal, and the Repub- the entire ethics process was so politi- given the totality of the circumstances; and licans are afraid of it. They do not cized, where one side would file a com- ‘‘(ii) an appropriate adjustment in the want it debated in the House. They do plaint against a Member on the oppos- amount of any lump-sum payment under the not want a vote on it, and that is why ing side and then that side would file a second sentence of paragraph (1) to reflect they blocked it from being considered complaint against a Member on the the application of clause (i). on the floor. ‘‘(5) For purposes of this subsection— initiating side. ‘‘(A) the term ‘Member’ has the meaning My proposal will prohibit Members I resent the fact when you have privi- given such term by section 2106, notwith- and staff in the House, Senate and ex- leged resolutions and Special Order standing section 8401(20); and ecutive branch from use of corporate speeches that Members of this body ‘‘(B) the term ‘child’ has the meaning jets. It shuts down the infamous K would single out the misdeeds or even given such term by section 8341.’’. Street Project. It bans gifts and meals criminal actions of a few and seek to Ms. SLAUGHTER (during the read- from lobbyists. It ends the practice of indict or tarnish an entire party. I re- ing). Mr. Speaker, I ask unanimous adding special interest provisions to sent that. consent that the motion be considered conference reports in the dead of night I stood at that very spot a couple of as read and printed in the RECORD. and after the conference has finished. years ago and was charged as an Ethics The SPEAKER pro tempore. Is there It takes pension benefits away from Committee member to prosecute one of objection to the request of the gentle- Members of Congress convicted of our colleagues who had committed woman from New York? crimes; and it requires the public dis- crimes of corruption, and the Chamber There was no objection. closure of all earmarks, not just those was full like it is, and this body had a The SPEAKER pro tempore. Pursu- of the Appropriations Committee but very weighty decision, and that was ant to the rule, the gentlewoman from authorizers and tax bills, and much, shall we expel our colleague from Ohio. New York is recognized for 5 minutes much more. We did with one dissenting vote, and it in support of her motion. My colleagues are faced with a clear never crossed my mind that I would Ms. SLAUGHTER. Mr. Speaker, let and a simple choice today: support the take that incident in any sort of short- me make it clear at the outset that if discredited Republican bill before us term political gain and to try to label our motion to recommit passes, it will and prove to your constituents that everyone in Mr. Traficant’s party as a simply substitute for a sham bill a real you are not serious about reform but culture of corruption. reform bill. you rather prefer the status quo of cor- I am troubled by the fact of what we Mr. Speaker, an interesting new poll ruption and cronyism and that you are read in the newspaper. It pains me be- conducted by The Wall Street Journal satisfied with a bill that simply gets cause I know these individuals that

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.076 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2056 CONGRESSIONAL RECORD — HOUSE May 3, 2006 these headlines are written about, and Holt McNulty Sanders Poe Saxton Thomas yet I believe that the short-term effort Honda Meehan Schakowsky Pombo Schmidt Thornberry Hooley Meek (FL) Schiff Porter Schwarz (MI) Tiahrt political gain is tarnishing the long- Hoyer Meeks (NY) Schwartz (PA) Price (GA) Sensenbrenner Tiberi term goodwill of this institution. Inslee Melancon Scott (GA) Pryce (OH) Sessions Turner Is the desire for political gain so pow- Israel Michaud Scott (VA) Putnam Shadegg Upton Jackson (IL) Millender- Radanovich Shaw erful that Members are willing to in- Serrano Walden (OR) Jackson-Lee McDonald Shays Regula Sherwood Walsh Rehberg Shimkus dict an entire party? Is that recogni- (TX) Miller (NC) Sherman Wamp Jefferson Miller, George Reichert Shuster tion of short-term political gain, do Simmons Weldon (FL) Johnson (CT) Mollohan Renzi Simpson Skelton Weldon (PA) you recognize how irreparably we are Johnson, E. B. Moore (KS) Reynolds Smith (NJ) harming this institution? Jones (NC) Moore (WI) Slaughter Rogers (AL) Smith (TX) Weller The American people deserve a func- Jones (OH) Moran (VA) Smith (WA) Rogers (KY) Sodrel Westmoreland Snyder Whitfield tioning ethics process; the American Kanjorski Nadler Rogers (MI) Souder Kaptur Napolitano Solis Rohrabacher Stearns Wicker people deserve what our conscience de- Kennedy (RI) Neal (MA) Spratt Ros-Lehtinen Sullivan Wilson (SC) mands; and, God willing, we will dis- Kildee Oberstar Stark Royce Sweeney Wolf appoint neither. Kilpatrick (MI) Obey Strickland Ryan (WI) Tancredo Young (AK) Kind Olver Stupak Ryun (KS) Taylor (NC) Young (FL) Mr. DREIER. Mr. Chairman, let me Kucinich Ortiz Tanner Sabo Terry just say that this product we have here Langevin Owens Tauscher NOT VOTING—4 today, due to the leadership of Speaker Lantos Pallone Taylor (MS) DENNIS HASTERT, has been a 4-month- Larsen (WA) Pascrell Thompson (CA) Brown-Waite, Buyer Osborne Larson (CT) Pastor long process. We just heard very mov- Thompson (MS) Ginny Evans Leach Payne Tierney ing remarks from our friend from Mis- Lee Pelosi Towns souri. It is absolutely imperative that Levin Peterson (MN) Udall (CO) b 1719 Lewis (GA) Platts Udall (NM) we recognize that the motion to recom- Lipinski Pomeroy Mr. DICKS and Ms. KAPTUR changed Van Hollen mit is nothing but a sham that would LoBiondo Price (NC) their vote from ‘‘nay’’ to ‘‘yea.’’ Vela´ zquez Lofgren, Zoe Rahall slow the process of reform. It is imper- Visclosky So the motion to recommit was re- ative that we defeat this motion to re- Lowey Ramstad jected. Lynch Rangel Wasserman commit and pass this measure so that Maloney Reyes Schultz The result of the vote was announced we can move on to the Senate to bring Markey Ross Waters as above recorded. Watson about real, meaningful reform. Marshall Rothman The SPEAKER pro tempore. The Matheson Roybal-Allard Watt Mr. Speaker, I yield back the balance Matsui Ruppersberger Waxman question is on the passage of the bill. of my time. McCarthy Rush Weiner The question was taken; and the The SPEAKER pro tempore. Without McCollum (MN) Ryan (OH) Wexler Speaker pro tempore announced that objection, the previous question is or- McDermott Salazar Wilson (NM) the ayes appeared to have it. McGovern Sa´ nchez, Linda Woolsey dered on the motion to recommit. McIntyre T. Wu RECORDED VOTE There was no objection. McKinney Sanchez, Loretta Wynn Ms. SLAUGHTER. Mr. Speaker, I de- The SPEAKER pro tempore. The NAYS—216 mand a recorded vote. question is on the motion to recommit. A recorded vote was ordered. The question was taken; and the Aderholt Duncan Kennedy (MN) Akin Ehlers King (IA) The SPEAKER pro tempore. This Speaker pro tempore announced that Alexander Emerson King (NY) will be a 5-minute vote. the noes appeared to have it. Bachus English (PA) Kingston The vote was taken by electronic de- Ms. SLAUGHTER. Mr. Speaker, on Baker Everett Kirk vice, and there were—ayes 217, noes 213, that I demand the yeas and nays. Barrett (SC) Feeney Kline Bartlett (MD) Ferguson Knollenberg not voting 3, as follows: The yeas and nays were ordered. Barton (TX) Flake Kolbe [Roll No. 119] Beauprez Foley Kuhl (NY) The SPEAKER pro tempore. Pursu- AYES—217 ant to clause 8 and clause 9 of rule XX, Biggert Forbes LaHood Bilirakis Fortenberry Latham Aderholt Cubin Gutknecht this 15-minute vote on the motion to Bishop (UT) Fossella LaTourette Akin Cuellar Hall recommit will be followed by 5-minute Blackburn Foxx Lewis (CA) Alexander Culberson Harris votes on passage of H.R. 4975, if or- Blunt Franks (AZ) Lewis (KY) Bachus Davis (KY) Hart dered, and on suspending the rules and Boehlert Frelinghuysen Linder Baker Davis, Jo Ann Hastert Boehner Gallegly Lucas Barrett (SC) Davis, Tom Hastings (WA) agreeing to H. Res. 781. Bonilla Garrett (NJ) Lungren, Daniel Barrow Deal (GA) Hayes The vote was taken by electronic de- Bonner Gibbons E. Bartlett (MD) DeLay Hayworth vice, and there were—yeas 213, nays Bono Gilchrest Mack Barton (TX) Dent Hensarling Boozman Gillmor Manzullo Beauprez Diaz-Balart, L. Herger 216, not voting 4, as follows: Boucher Gingrey Marchant Biggert Diaz-Balart, M. Hobson [Roll No. 118] Boustany Gohmert McCaul (TX) Bilirakis Doolittle Hoekstra Brady (TX) Goode McCotter Bishop (UT) Drake Hostettler YEAS—213 Brown (SC) Goodlatte McCrery Blackburn Dreier Hunter Abercrombie Carnahan Doggett Burgess Granger McHenry Blunt Duncan Hyde Ackerman Carson Doyle Burton (IN) Graves McHugh Boehlert Ehlers Inglis (SC) Allen Case Edwards Calvert Gutknecht McKeon Boehner Emerson Issa Andrews Castle Emanuel Camp (MI) Hall McMorris Bonner English (PA) Istook Baca Chabot Engel Campbell (CA) Harris Mica Bono Everett Jenkins Baird Chandler Eshoo Cannon Hart Miller (FL) Boozman Feeney Jindal Baldwin Clay Etheridge Cantor Hastert Miller (MI) Boren Ferguson Johnson (IL) Barrow Cleaver Farr Capito Hastings (WA) Miller, Gary Boswell Fitzpatrick (PA) Johnson, Sam Bass Clyburn Fattah Capuano Hayes Moran (KS) Boustany Flake Keller Bean Conyers Filner Carter Hayworth Murphy Brady (TX) Foley Kelly Becerra Cooper Fitzpatrick (PA) Chocola Hefley Murtha Brown (SC) Forbes Kennedy (MN) Berkley Costa Ford Coble Hensarling Musgrave Brown-Waite, Fortenberry King (NY) Berman Costello Frank (MA) Cole (OK) Herger Myrick Ginny Fossella Kingston Berry Cramer Gerlach Conaway Hobson Neugebauer Burgess Foxx Kirk Bishop (GA) Crowley Gonzalez Crenshaw Hoekstra Ney Calvert Franks (AZ) Kline Bishop (NY) Cuellar Gordon Cubin Hostettler Northup Camp (MI) Frelinghuysen Knollenberg Blumenauer Cummings Green (WI) Culberson Hulshof Norwood Campbell (CA) Gallegly Kolbe Boren Davis (AL) Green, Al Davis (KY) Hunter Nunes Cannon Garrett (NJ) Kuhl (NY) Boswell Davis (CA) Green, Gene Davis, Jo Ann Hyde Nussle Cantor Gerlach LaHood Boyd Davis (FL) Grijalva Davis, Tom Inglis (SC) Otter Capito Gibbons Latham Bradley (NH) Davis (IL) Gutierrez Deal (GA) Issa Oxley Carter Gilchrest LaTourette Brady (PA) Davis (TN) Harman DeLay Istook Paul Castle Gillmor Lewis (CA) Brown (OH) DeFazio Hastings (FL) Dent Jenkins Pearce Chabot Gingrey Lewis (KY) Brown, Corrine DeGette Herseth Diaz-Balart, L. Jindal Pence Chocola Gohmert Linder Butterfield Delahunt Higgins Diaz-Balart, M. Johnson (IL) Peterson (PA) Coble Goode LoBiondo Capps DeLauro Hinchey Doolittle Johnson, Sam Petri Cole (OK) Goodlatte Lucas Cardin Dicks Hinojosa Drake Keller Pickering Conaway Granger Lungren, Daniel Cardoza Dingell Holden Dreier Kelly Pitts Crenshaw Graves E.

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.122 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2057 Manzullo Petri Shuster Tierney Wasserman Wexler DeFazio Jones (NC) Pastor Marchant Pickering Simpson Towns Schultz Wilson (NM) DeGette Jones (OH) Paul Marshall Pitts Smith (NJ) Udall (CO) Waters Wolf Delahunt Kanjorski Payne Matheson Poe Smith (TX) Udall (NM) Watson Woolsey DeLauro Kaptur Pearce McCaul (TX) Pombo Sodrel Van Hollen Watt Wu DeLay Keller Pelosi McCotter Porter Souder Vela´ zquez Waxman Wynn Dent Kelly Pence McCrery Price (GA) Stearns Visclosky Weiner Diaz-Balart, L. Kennedy (MN) Peterson (MN) McHenry Pryce (OH) Sullivan Diaz-Balart, M. Kennedy (RI) Peterson (PA) McHugh Putnam Sweeney NOT VOTING—3 Dingell Kildee Petri McKeon Radanovich Tancredo Buyer Evans Osborne Doggett Kilpatrick (MI) Pickering McMorris Regula Taylor (MS) Doolittle Kind Pitts Melancon Rehberg Taylor (NC) b 1731 Doyle King (IA) Platts Mica Reichert Terry Drake King (NY) Pombo Miller (FL) Renzi Thomas So the bill was passed. Dreier Kingston Pomeroy Miller (MI) Reynolds Thornberry The result of the vote was announced Duncan Kirk Porter Miller, Gary Rogers (AL) Tiahrt as above recorded. Edwards Kline Price (GA) Moran (KS) Rogers (KY) Tiberi A motion to reconsider was laid on Ehlers Knollenberg Price (NC) Murphy Rogers (MI) Turner Emanuel Kolbe Pryce (OH) Musgrave Rohrabacher Upton the table. Emerson Kuhl (NY) Putnam Myrick Ros-Lehtinen Walden (OR) The SPEAKER pro tempore. Pursu- Engel LaHood Radanovich Neugebauer Royce Walsh ant to section 2 of House Resolution English (PA) Langevin Rahall Ney Ryan (WI) Wamp Eshoo Lantos Ramstad Northup Ryun (KS) Weldon (FL) 783, the text of H.R. 513, as passed by Etheridge Larsen (WA) Rangel Norwood Saxton Weldon (PA) the House, will be appended to the en- Everett Larson (CT) Regula Nunes Schmidt Weller grossment of H.R. 4975. Farr Latham Rehberg Nussle Schwarz (MI) Westmoreland (For the text of H.R. 513, see pro- Fattah LaTourette Reichert Otter Sessions Whitfield Feeney Leach Renzi Oxley Shadegg Wicker ceedings of the House of April 5, 2006, Ferguson Lee Reyes Pearce Shaw Wilson (SC) at page H1516.) Filner Levin Reynolds Pence Sherwood Young (AK) Fitzpatrick (PA) Lewis (CA) Rogers (AL) Peterson (PA) Shimkus Young (FL) f Flake Lewis (GA) Rogers (KY) Foley Lewis (KY) Rogers (MI) NOES—213 CONGRATULATING CHARTER Forbes Linder Rohrabacher Abercrombie Gonzalez Millender- SCHOOLS AND THEIR STUDENTS, Ford Lipinski Ros-Lehtinen Ackerman Gordon McDonald PARENTS, TEACHERS, AND AD- Fortenberry LoBiondo Ross Allen Green (WI) Miller (NC) MINISTRATORS ACROSS THE Fossella Lofgren, Zoe Rothman Foxx Lowey Roybal-Allard Andrews Green, Al Miller, George UNITED STATES FOR THEIR ON- Baca Green, Gene Mollohan Frank (MA) Lucas Royce Baird Grijalva Moore (KS) GOING CONTRIBUTIONS TO EDU- Franks (AZ) Lungren, Daniel Ruppersberger Baldwin Gutierrez Moore (WI) CATION Frelinghuysen E. Rush Bass Harman Moran (VA) Gallegly Lynch Ryan (OH) Bean Hastings (FL) Murtha The SPEAKER pro tempore. The Garrett (NJ) Mack Ryan (WI) Becerra Hefley Nadler pending business is the question of sus- Gerlach Maloney Ryun (KS) Berkley Herseth Napolitano pending the rules and agreeing to the Gibbons Manzullo Sabo Berman Higgins Neal (MA) Gilchrest Marchant Salazar resolution, H. Res. 781. ´ Berry Hinchey Oberstar Gillmor Markey Sanchez, Linda Bishop (GA) Hinojosa Obey The Clerk read the title of the resolu- Gingrey Marshall T. Bishop (NY) Holden Olver tion. Gohmert Matheson Sanchez, Loretta Blumenauer Holt Ortiz Gonzalez Matsui Sanders Bonilla Owens The SPEAKER pro tempore. The Goode McCarthy Saxton Honda question is on the motion offered by Boucher Hooley Pallone Goodlatte McCaul (TX) Schakowsky Boyd Hoyer Pascrell the gentleman from Nevada (Mr. POR- Gordon McCollum (MN) Schiff Bradley (NH) Hulshof Pastor TER) that the House suspend the rules Graves McCotter Schmidt Brady (PA) Paul Green (WI) McGovern Schwartz (PA) Inslee and agree to the resolution, H. Res. 781, Brown (OH) Israel Payne Green, Al McHenry Schwarz (MI) Brown, Corrine Jackson (IL) Pelosi on which the yeas and nays are or- Green, Gene McHugh Scott (GA) Burton (IN) Peterson (MN) Grijalva McIntyre Scott (VA) Jackson-Lee dered. Butterfield Platts Gutierrez McKeon Sensenbrenner (TX) Capps Pomeroy This will be a 5-minute vote. Gutknecht McKinney Serrano Jefferson Capuano Price (NC) The vote was taken by electronic de- Hall McMorris Sessions Johnson (CT) Cardin Rahall Harman McNulty Shadegg Johnson, E. B. vice, and there were—yeas 417, nays 1, Cardoza Ramstad Harris Meehan Shaw Jones (NC) answered ‘‘present’’ 3, not voting 11, as Carnahan Rangel Hart Meek (FL) Shays Jones (OH) Carson Reyes follows: Hastings (FL) Meeks (NY) Sherman Kanjorski Case Ross Hastings (WA) Melancon Sherwood Kaptur [Roll No. 120] Chandler Rothman Hayes Mica Shimkus Kennedy (RI) Clay Roybal-Allard YEAS—417 Hayworth Michaud Shuster Kildee Cleaver Ruppersberger Abercrombie Boehner Carter Hefley Millender- Simmons Kilpatrick (MI) Clyburn Rush Ackerman Bonilla Case Hensarling McDonald Simpson Conyers Kind Ryan (OH) Aderholt Bonner Castle Herger Miller (FL) Skelton Cooper King (IA) Sabo Akin Bono Chabot Herseth Miller (MI) Smith (NJ) Costa Kucinich Salazar Alexander Boozman Chandler Higgins Miller (NC) Smith (TX) Costello Langevin Sa´ nchez, Linda Allen Boren Chocola Hinojosa Miller, Gary Smith (WA) Cramer Lantos T. Andrews Boswell Clay Hobson Miller, George Snyder Crowley Larsen (WA) Sanchez, Loretta Baca Boucher Cleaver Hoekstra Mollohan Sodrel Cummings Larson (CT) Sanders Bachus Boustany Clyburn Holden Moore (KS) Solis Davis (AL) Leach Schakowsky Baird Boyd Coble Holt Moore (WI) Souder Davis (CA) Lee Schiff Baker Bradley (NH) Cole (OK) Honda Moran (KS) Spratt Davis (FL) Levin Schwartz (PA) Baldwin Brady (PA) Conaway Hooley Moran (VA) Stearns Davis (IL) Lewis (GA) Scott (GA) Barrett (SC) Brady (TX) Conyers Hostettler Murtha Strickland Davis (TN) Lipinski Scott (VA) Barrow Brown (OH) Cooper Hoyer Myrick Stupak DeFazio Lofgren, Zoe Sensenbrenner Bartlett (MD) Brown (SC) Costa Hulshof Nadler Sullivan DeGette Lowey Serrano Barton (TX) Brown, Corrine Costello Hunter Napolitano Sweeney Delahunt Lynch Shays Bass Brown-Waite, Cramer Hyde Neal (MA) Tancredo DeLauro Mack Sherman Bean Ginny Crenshaw Inglis (SC) Neugebauer Tanner Dicks Maloney Simmons Beauprez Burgess Crowley Inslee Ney Tauscher Dingell Markey Skelton Becerra Burton (IN) Cubin Israel Northup Taylor (MS) Doggett Matsui Slaughter Berkley Butterfield Cuellar Issa Norwood Taylor (NC) Doyle McCarthy Smith (WA) Berman Calvert Culberson Istook Nunes Terry Edwards McCollum (MN) Snyder Berry Camp (MI) Cummings Jackson (IL) Nussle Thomas Emanuel McDermott Solis Biggert Campbell (CA) Davis (AL) Jackson-Lee Oberstar Thompson (CA) Engel McGovern Spratt Bilirakis Cannon Davis (CA) (TX) Obey Thompson (MS) Eshoo McIntyre Stark Bishop (GA) Cantor Davis (FL) Jefferson Olver Thornberry Etheridge McKinney Strickland Bishop (NY) Capito Davis (IL) Jenkins Ortiz Tiahrt Farr McNulty Stupak Bishop (UT) Capps Davis (KY) Jindal Otter Tiberi Fattah Meehan Tanner Blackburn Capuano Davis (TN) Johnson (CT) Owens Tierney Filner Meek (FL) Tauscher Blumenauer Cardoza Davis, Jo Ann Johnson (IL) Oxley Towns Ford Meeks (NY) Thompson (CA) Blunt Carnahan Davis, Tom Johnson, E. B. Pallone Turner Frank (MA) Michaud Thompson (MS) Boehlert Carson Deal (GA) Johnson, Sam Pascrell Udall (CO)

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.078 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2058 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Udall (NM) Waters Whitfield ture. After general debate the bill shall be resolution may be offered only in the Upton Watson Wicker considered for amendment under the five- order printed in the report and may be Van Hollen Watt Wilson (NM) minute rule. It shall be in order to consider ´ offered only by a Member designated in Velazquez Waxman Wilson (SC) as an original bill for the purpose of amend- Visclosky Weiner Wolf ment under the five-minute rule the amend- the report. They shall be considered as Walden (OR) Weldon (FL) Woolsey read and shall be debatable for the Walsh Weldon (PA) Wu ment in the nature of a substitute rec- Wamp Weller Wynn ommended by the Committee on Homeland time specified in the report equally di- Wasserman Westmoreland Young (AK) Security now printed in the bill. The com- vided and controlled by the proponent Schultz Wexler Young (FL) mittee amendment in the nature of a sub- and opponent. They shall not be sub- NAYS—1 stitute shall be considered as read. All points ject to amendment and shall not be of order against the committee amendment Kucinich subject to a demand for division of the in the nature of a substitute are waived. Not- question in the House or in the Com- ANSWERED ‘‘PRESENT’’—3 withstanding clause 11 of rule XVIII, no amendment to the committee amendment in mittee of the Whole. Hinchey Slaughter Stark the nature of a substitute shall be in order Finally, the rule waives all points of NOT VOTING—11 except those printed in the report of the order against the amendments printed Buyer Granger Musgrave Committee on Rules accompanying this res- in the report and provides the minority Cardin McCrery Osborne olution. Each such amendment may be of- with one motion to recommit with or Dicks McDermott Poe fered only in the order printed in the report, without instructions. Evans Murphy may be offered only by a Member designated Mr. Speaker, I rise today in strong b 1741 in the report, shall be considered as read, support of this balanced rule providing shall be debatable for the time specified in for consideration of the bipartisan Se- So (two-thirds of those voting having the report equally divided and controlled by responded in the affirmative) the rules the proponent and an opponent, shall not be curity and Accountability for Every were suspended and the resolution was subject to amendment, and shall not be sub- Port, or SAFE Port, Act. The rule, agreed to. ject to a demand for division of the question which makes in order 10 Democrat The result of the vote was announced in the House or in the Committee of the amendments and five Republican Whole. All points of order against such as above recorded. amendments, will allow the House to amendments are waived. At the conclusion begin its consideration of this bill, A motion to reconsider was laid on of consideration of the bill for amendment the table. which has 80 bipartisan cosponsors, was the Committee shall rise and report the bill approved unanimously through its sub- f to the House with such amendments as may have been adopted. Any Member may de- committee and full committee mark- AUTHORIZING THE CLERK TO mand a separate vote in the House on any ups in the Committee on Homeland Se- MAKE CORRECTIONS IN EN- amendment adopted in the Committee of the curity, and represents a responsible GROSSMENT OF H.R. 4975, LOB- Whole to the bill or to the committee and thoughtful approach to providing BYING ACCOUNTABILITY AND amendment in the nature of a substitute. security at our Nation’s ports. TRANSPARENCY ACT OF 2006 The previous question shall be considered as The SAFE Port Act improves cargo ordered on the bill and amendments thereto security first by enhancing security at Mr. DREIER. Mr. Speaker, I ask to final passage without intervening motion United States ports. It requires the De- unanimous consent that in the engross- except one motion to recommit with or with- partment of Homeland Security to de- ment of the bill, H.R. 4975, the Clerk be out instructions. ploy nuclear radiological detection sys- authorized to correct section numbers, The SPEAKER pro tempore. The gen- tems at 22 seaports by the end of fiscal spelling, punctuation, and cross-ref- tleman from Texas (Mr. SESSIONS) is year 2007, covering 98 percent of all in- erences, and to make such other tech- recognized for 1 hour. coming maritime containers. It pro- nical and conforming changes as may Mr. SESSIONS. Mr. Speaker, for pur- vides risk-based funding through a be necessary to reflect the actions of poses of debate only, I yield the cus- dedicated Port Security Grant Pro- the House. tomary 30 minutes to my friend from gram and requires the Secretary of The SPEAKER pro tempore. Is there Florida (Mr. HASTINGS), pending which Homeland Security to coordinate Fed- objection to the request of the gen- I yield myself such time as I may con- eral, State, local, and private sector se- tleman from California? sume. During consideration of this res- curity activities by establishing a There was no objection. olution, all time is yielded for the pur- streamlined, integrated network of vir- f pose of debate only. The structured rule provides for 1 tual and physical command centers. Second, this legislation improves PROVIDING FOR CONSIDERATION hour of general debate with 40 minutes cargo security by tracking and pro- OF H.R. 4954, SECURITY AND AC- equally divided and controlled by the tecting containers that are en route to COUNTABILITY FOR EVERY PORT chairman and ranking minority mem- the United States. This legislation will ACT ber of the Committee on Homeland Se- require the Secretary to develop uni- curity, and 20 minutes equally divided Mr. SESSIONS. Mr. Speaker, by di- form standards for sealing containers and controlled by the chairman and rection of the Committee on Rules, I entering the United States and provide ranking minority member of the Com- call up House Resolution 789 and ask for the improved utilization of private mittee on Transportation and Infra- for its immediate consideration. sector advances in security, including structure. The Clerk read the resolution, as fol- research and development of new tech- lows: b 1745 nologies and applications. It also im- H. RES. 789 It waives all points of order against proves the International Trade Data Resolved, That at any time after the adop- consideration of the bill and provides System and directs the Department to tion of this resolution the Speaker may, pur- that the amendment in the nature of a conduct additional research and test- suant to clause 2(b) of rule XVIII, declare the substitute recommended by the Com- ing on technology integration, access House resolved into the Committee of the mittee on Homeland Security now control, and data-sharing capacities. Whole House on the state of the Union for Third, this legislation improves our consideration of the bill (H.R. 4954) to im- printed in the bill shall be considered prove maritime and cargo security through as an original bill for the purpose of port security by preventing threats enhanced layered defenses, and for other pur- amendment and shall be considered as from ever reaching the United States. poses. The first reading of the bill shall be read. It improves the Automated Targeting dispensed with. All points of order against This rule waives all points of order System by collecting enhanced cargo consideration of the bill are waived. General against the amendment in the nature data from importers bringing goods debate shall be confined to the bill and shall of a substitute recommended by the through U.S. ports. It codifies the ex- not exceed one hour, with 40 minutes equally Committee on Homeland Security and isting Container Security Initiative divided and controlled by the chairman and and requires the Secretary to refuse ranking minority member of the Committee makes in order only those amendments on Homeland Security and 20 minutes equal- printed in the Rules Committee report entry to high-risk cargo that the host ly divided and controlled by the chairman accompanying the resolution. nation does not inspect. It also author- and ranking minority member of the Com- It provides that the amendments izes the Department to lend detection mittee on Transportation and Infrastruc- printed in the report accompanying the equipment and provide training to host

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.080 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2059 nations so that our closest trading signed their names on the dotted line secure their cargo. Among the places partners can utilize the best tech- that they do not at this time support that I visited have been Hong Kong, nology available anywhere in the inspecting 100 percent screening re- Singapore, Tokyo, Rotterdam, Lisbon, world. Obviously, that is meant to keep quirements at America’s ports. and others. These are some of the larg- America and our trading partners safe. Mr. Speaker, as someone who rep- est ports in the world outside of the Mr. Speaker, this legislation takes a resents a district which depends great- United States, and all of them manage responsible and bipartisan approach to ly upon three major international to inspect more cargo than we do with- protecting American citizens from the ports for economic activity, I take out slowing down their port operations. threat of terrorism being brought to issue with the majority’s not allowing It was interesting to me, in the run- our shores through our ports. It in- this amendment being considered up to the Singapore Trade Agreement, cludes a provision that requires the today. I take issue with their conscious we required in that agreement that Secretary of Homeland Security to decision to block the House from con- Singapore inspect more of their cargo continue his aggressiveness and cease- sidering an amendment which will, than we do in our own country. So I less efforts to evaluate emerging detec- without a doubt, make my constitu- ask, if they can do it, why can we not? tion and screening technologies and ents and the American people safer. The rhetoric from the other side of measure those technologies against Sadly, the rule also fails to make in the aisle is at an all-time high. They real-world performance metrics before order an amendment which was offered talk about bipartisanship, but they shy deploying them in the field to ensure by the ranking Democrat of the Home- away from working together. I give that they are effective in protecting land Security Committee, my good credit at least to the ranking member the American people. friend and trusted advisor on homeland and Chair of this committee for trying. I urge all of my colleagues to support security issues, Representative Bennie We give them opportunities to make this rule and the underlying legislation Thompson from Mississippi. The rank- good bills better, but then they block to improve our Nation’s ports. ing member’s amendment recognizes the House from considering our ideas. Mr. Speaker, I reserve the balance of that we cannot continue asking Cus- They talk about securing America, but my time. toms officials to do more with less. then balk when it comes time to actu- Mr. HASTINGS of Florida. Mr. I just had this, coming from an inter- ally do something about it. Speaker, I thank the gentleman from national flight, discussion with a fine Mr. Speaker, we have an opportunity today to do something about a real Texas (Mr. SESSIONS), my friend, for gentleman in the Customs Department. yielding me the time; and I yield my- Thirty-two years he has been there, problem which we all know exists at self such time as I may consume. and he indicates to me just how dif- America’s seaports. This is not about Mr. Speaker, I rise today in strong ficult it is for them to do more with showing the terrorists our weaknesses, as some in the majority have sug- opposition to this restrictive rule, less. gested. Rather, it is about giving our which permits the House to consider The amendment that Mr. THOMPSON only one half of the amendments which offered authorized funding for U.S. Cus- Customs and Border Patrol officers the were brought to the Rules Committee toms and Border Patrol to hire 1,600 necessary tools and directives to do ev- erything that they possibly can to stop last night. Under this rule, only 15 of more officers at America’s seaports. attacks from happening here in the the approximately 30 amendments of- Representative LANGEVIN offered an fered by Members are made in order, amendment that authorized $117 mil- United States. The sad thing is, Mr. Speaker, it may while the remaining half are blocked lion for the purchase of advanced radi- not be until an attack occurs that we from consideration. ation portal monitors at all our ports will actually get this right. I find it astonishing, though not sur- to ensure that Customs officials have This rule and the underlying legisla- prising, that my friends in the major- the most up-to-date equipment to do tion fails to meet the needs of our ity, who just in the last hour were their job. ports and the expectations of the preaching ethics reform and civility I kept hearing all this stuff last night American people, and I urge my col- here in the House, are coming to the about they do not have this technology leagues to oppose this restrictive rule. floor again with a restrictive rule. and everything. Well, I have seen this Mr. Speaker, I reserve the balance of The rule, which was reported out of technology in Vilnius, Lithuania, as my time. the Rules Committee along a straight one example. In Rotterdam, I saw this Mr. SESSIONS. Mr. Speaker, I yield party-line vote, mocks the public’s call technology. It worked. At the very myself such time as I may consume. for reforming the way we go about least, what we need is whatever the Mr. Speaker, this fair and balanced doing business in the people’s House. state of art is at this point in the hopes rule is one that involves a bunch of co- Clearly, the majority is good at talking that it will work and that we can im- sponsors of Democrats and Repub- the talk, but as the American people prove it as time progresses. licans. It has been well thought out. It are beginning to understand, they are Under this rule, however, both of has required a lot of thought process. failing miserably to walk the walk. these amendments, Mr. THOMPSON’s This afternoon you are going to hear In blocking these amendments from and Mr. LANGEVIN’s, and so many oth- from a number of Members on the Re- being considered by the House today, ers are blocked from consideration. publican side who will articulate how Republicans are sending a message Mr. Speaker, as I previously men- balanced and wonderful and how we loud and clear that protecting their po- tioned, I am proud to represent a re- have taken time to make sure that we litical majority in the House is more gion in our country which is home to dealt with the minority, that we dealt important than protecting the Amer- some of our largest international sea- with the administration, that we ican people in their own homes. ports, Port Everglades, the Port of looked at other ports around the world, Dangerously, the rule prohibits the Palm Beach, and the Port of Miami, all that we are trying to do those things House from considering a Democratic within just minutes of my home. They that are best that will secure our ports amendment offered by Representatives have led the way in security improve- and get them done as quickly as pos- NADLER, OBERSTAR, MARKEY, and oth- ments in America. The three, Port Ev- sible but will also present something ers which requires that every single erglades in particular, have all enjoyed that can be done in a balanced and shipping container be scanned and national and international best-prac- proper way. I think that that is the ar- sealed before being loaded onto a ship tices recognition. gument you are going to hear today. destined for the United States. So when I come to the floor today Mr. Speaker, I yield 2 minutes to the Today, barely 5 percent of all con- and consider the underlying legisla- gentleman from Florida (Mr. LINCOLN tainers coming into the United States tion, I have to ask, does this legisla- DIAZ-BALART), a member of the Rules through our ports are scanned. Unfor- tion get our ports to where they need Committee. tunately, Republicans, again along a to be regarding security? The answer Mr. LINCOLN DIAZ-BALART of party-line vote, blocked this common- to this question is a resounding no. Florida. Mr. Speaker, I thank my dear sense security-based amendment from I have traveled all over this world friend, Mr. SESSIONS, for the time. being debated and considered by the visiting international ports to learn I rise today in strong support of the full House. In doing so, they have about their operations and how they rule and the underlying legislation.

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.131 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2060 CONGRESSIONAL RECORD — HOUSE May 3, 2006 b 1800 rule does not permit debate on an im- 2001. Certainly in my district, there Chairman PETER KING has worked in portant amendment that I attempted were well over 100 people were killed. an extraordinary fashion to create a to offer. My district is very close to the Port of piece of legislation with the help of his My amendment would strengthen our New York and New Jersey, and many ranking member, Mr. THOMPSON, and security by requiring the Domestic Nu- Members of this House suffered simi- the entire committee, that is worthy of clear Detection Office to develop a re- larly on September 11. our support. They are the first ones to port back to Congress of a plan to pur- When I was seeking the position of admit it is not perfect, but it certainly chase and deploy radiation portal de- Homeland Security chairman last year, moves us forward in an important way tectors at our ports of entry. My I made it a point to emphasize how im- toward further port security. amendment would also authorize addi- portant it was that we address the For example, in the community that tional funds to help pay for these de- issue of port security. I am proud to I am honored to represent, Mr. Speak- tectors. say that prior to the whole Dubai Ports er, the Port of Miami, that port alone, Our intelligence analysts tell us one controversy, Chairman DAN LUNGREN, of course, is one of the largest in the of the greatest risks our country faces Congresswoman JANE HARMAN, Rank- country and in the world, and its an- is the threat that a terrorist will smug- ing Member SANCHEZ began work on nual operating security costs have in- gle nuclear material across our borders this port security bill. So we were creased from $4 million in 2001 to $16 or through our ports and detonate a ready to move, and the Dubai Ports million in the last year. dirty bomb or a nuclear device in one controversy gave us the window of op- This legislation, for example, author- of our cities. The technology, Mr. portunity to move forward. izes $400 million annually to be award- Speaker, exists to scan cargo for this As a result of that, with very close ed to high-risk ports, such as the Port radioactive material, and DHS is in the consultation and cooperation through- of Miami, in grants. It will be used pre- process of deploying it. out this process, both at the sub- cisely for purchasing and upgrading se- In addition, DHS is in the process of committee level and the full com- curity equipment and enhancing ter- awarding a contract for the next gen- mittee level, we have legislation which rorism preparedness. eration of detectors, which will cost at passed unanimously out of the sub- There are amendments. We made 10 least twice as much as the current gen- committee and then passed unani- Democrat amendments in order and eration. However, a recent GAO report mously by a 29–0 vote last week out of five Republican amendments in order. determined that DHS needs an addi- the full committee. It is a fair rule. It is a fair rule that we tional $300 million to purchase and de- In saying that, let me pay special bring forth today. ploy the 3,000 current generation mon- thanks to the ranking member of the For example, the Bass amendment itors. full committee, Mr. THOMPSON, who, would allow State and local agencies to The report indicated that with cur- again, both he and his staff were excep- apply for reimbursement for oper- rent funding, DHS will be unable to de- tionally cooperative as this process ational expenses and overhead costs, ploy the monitors by its target date of went forward. such as, for example, waterborne pa- 2009. In December I offered an amend- Now, we operated on the presumption trols. Those are functions that used to ment to require the full deployment of that significant progress has been be carried out and paid for by the Coast these monitors within 1 year. This made in port security since September Guard. Now the ports have to pay for amendment passed the Homeland Secu- 11. However, we need to finish the job, them. So it is taken care of by that rity Committee with bipartisan sup- to ensure that these programs and oth- amendment. port. The amendment that I offered to ers provide a robust, risk-based system So it is a fair rule, bringing forth a the Rules Committee is a less drastic for securing our vital international very important piece of legislation, step but goes a long way towards keep- supply chain through point of origin of making in order twice as many Demo- ing us safe. By requiring DHS to figure goods until arrival here in U.S. sea- crat amendments as Republican out what types of monitors they need ports. amendments. Nevertheless, it is still a at different locations, DHS will provide The SAFE Port Act addresses port good rule. I support the rule. I strongly us with a better assessment of exactly security enhancements in three main support the underlying legislation and how much this program will actually areas: strengthening security measures would ask all of our colleagues to sup- cost. at foreign ports and improving risk- port both the rule and the underlying Mr. Speaker, we simply cannot afford based targeting of suspicious cargo; im- legislation. to wait any longer. Defeating the pre- proving security of cargo in transit; Mr. HASTINGS of Florida. Mr. vious question will allow the House to and making much needed security up- Speaker, I yield myself such time as I consider both my amendment and grades at U.S. ports. may consume. Ranking Member THOMPSON’s impor- I must point out also, Mr. Speaker, My colleague from Florida says that tant amendment to increase the num- the underlying bill includes an amend- they made 10 Democrat amendments in ber of port inspectors over the next 5 ment offered in committee by the gen- order and five Republican amendments, years. tlewoman from Florida, Ms. GINNY and that is true. But not a single one of Mr. Speaker, I urge my colleagues to BROWN-WAITE, which requires aggres- those is more important than the three join me in rejecting the previous ques- sive evaluation and deployment of the that you did not make in order. tion, voting to protect our ports and best available technology to screen in- Mr. Speaker, I yield 21⁄2 minutes to border crossings from nuclear material coming cargo. This amendment, offered my friend, the distinguished gentleman being smuggled across our borders and by Congresswoman GINNY BROWN- from Rhode Island (Mr. LANGEVIN). passing the SAFE Port Act. WAITE, passed by a vote of 33–0. (Mr. LANGEVIN asked and was given Mr. SESSIONS. Mr. Speaker, I spoke Mr. Speaker, since 9/11, the House has permission to revise and extend his re- about this fair and balanced rule. We repeatedly voted to support risk-based marks.) have also spoken about how great the funding decisions with respect to Mr. LANGEVIN. Mr. Speaker, I legislation is. Homeland Security. This legislation thank the gentleman for yielding. Mr. Speaker, I am very pleased at enhances this risk-based strategy that Mr. Speaker, today I rise in strong this time to yield 31⁄2 minutes to the ensures our dollars are spent in areas support of the SAFE Port Act, because gentleman who is the chairman of the that provide maximum security bene- it is important for the security of our Committee on Homeland Security, the fits. Nation, but I rise in reluctant opposi- gentleman from New York (Mr. KING). I want to emphasize also how there tion to this restrictive rule. Mr. KING of New York. Mr. Speaker, was the spirit of cooperation at the As a member of the Homeland Secu- I thank the gentleman for yielding. subcommittee level, the committee rity Committee and an original cospon- Mr. Speaker, I am pleased to rise in level, and I think it is safe to say, in sor of the underlying legislation, I un- support of the rule providing for House fact I would emphasize the fact that derstand that port security is national consideration of the SAFE Port Act. everyone on the Homeland Security security. We need this bill, Mr. Speak- Mr. Speaker, none of us will ever for- Committee feels very, very strongly er, to keep America safe. However, this get what happened on September 11, about protecting every American life

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.134 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2061 by doing all we can to protect Amer- and put in a bomb and the bill of lading pelled me to return. I grew up in the ica’s ports and indeed all of America will be fine. shadows of one of the great harbors of from any future possible terrorist at- The people who say we can’t do this this country, Long Beach. I worked tack. are the same people who told us 2 years there one summer when I was in col- There can be differences about ago we couldn’t get a bill of lading for lege. means. There can be differences about every container 24 hours in advance, b 1815 exactly how we achieve that. I feel and they told us we couldn’t get every very secure, very confident, very proud person searched before he got on an I have been able to see the tremen- dous growth and the change in the way of the legislation that we passed. But it airplane. our ports operate. I am proud of our serves no purpose for anyone to be sug- If we really want to make this coun- ports. I would do nothing, I would do gesting that there is anyone in the try safer, we must debate on this floor nothing to try and put them at risk. committee or House who is not abso- this amendment, the Nadler-Markey And I would say this base bill is a very lutely dedicated to preserving every amendment, to say, before any con- good bill. American life and doing all we can to tainer gets put on a ship bound for the When I hear some of the discussion enhance American security. United States, it must be scanned elec- about the rule, it reminds me of my So I urge my colleagues to adopt this tronically to see what is in it; it should prior service in the House when I rule, reject any attempt to politicize be sealed with a tamper-proof seal that served for 10 years as a minority Mem- the debate and move forward with this will tell us if it has been tampered ber, where we did not have a right to a bipartisan bill. with; and the results of the scan should motion to recommit. We were given an Mr. HASTINGS of Florida. Mr. be transmitted electronically to people opportunity for a motion to recommit Speaker, if we had made one amend- in the United States who will look at when the Rules Committee decided ment in order, it would have been sat- that seal. they would give it to us. isfactory on this side, the one that was It is being done now in Hong Kong, Under the Republican rules of the offered by my good friend Mr. NADLER, except that because no one in the De- House, a motion to recommit is given who I yield 21⁄2 minutes to. partment of Homeland Security is in- to the minority on every major bill. So Mr. NADLER. Mr. Speaker, this rule terested, the results of those scans are those elements of concern that have does not make in order an amendment on tapes that are stored there because been expressed by the minority side of that was defeated 18–16 on a practically no one in this country has time to read substance of amendments that are not party-line vote and is the key dif- those tapes. allowed under this bill we know can be ference, and it is why this rule ought For shame. put into a motion to recommit. to be defeated. Mr. SESSIONS. Mr. Speaker, once Now, that does not mean I am going The gentleman from New York says a again articulating this balanced rule to support it, because I think good and risk-based strategy. Why should we and fair and wonderful legislation, we sufficient arguments can be made risk the lives of millions of people by continue to talk about what the legis- against some of the amendments that assuming that we know which con- lation stands for without attempting wish to be presented here in the floor tainer will contain the atomic bomb or to scare people but rather to give the and in the substance of the motion to the radiological bomb? We don’t know substance of what the bill is about. recommit. But I just hope in the dis- that. We can’t know that. Mr. Speaker, I yield 4 minutes to the cussion on this rule and the discussion The only safety we can have is to in- chairman of the Economic Security, on the underlying bill we do not lose spect 100 percent of the containers, not Infrastructure Protection and that sense of bipartisanship that has in New York but in Hong Kong, before Cybersecurity Subcommittee, Mr. LUN- really been a watchword of this at- they are put on a ship bound for the GREN. tempt to provide us with the response United States. That is the essence of Mr. DANIEL E. LUNGREN of Cali- to a true challenge in this country. the amendment, the Nadler-Markey fornia. Mr. Speaker, I thank the gen- The very vote that we had, 29–0 com- amendment that the Republicans won’t tleman for yielding. ing out of our committee, the fact that accept and won’t permit us to debate Mr. Speaker, first of all, I would like we have more than 80 cosponsors from on the floor. to say that this is an attempt to have both sides of the aisle, gives the very They say the technology doesn’t a balanced bill. I have worked as hard indication of the bipartisan nature of exist. The technology most certainly as I can with the gentlewoman from this bill. I get involved in partisan arguments exists. It is done in Hong Kong today. California (Ms. HARMAN) and with the from time to time, as you well know. Mr. GINGREY spoke about a company in ranking member on my subcommittee, But this institution does itself proud his district that wants to sell the tam- Ms. LORETTA SA´ NCHEZ, to try and re- when it responds to the challenges that per-proof seals that will tell us if the spond to a true challenge that we have are out there facing our constituents. container, once scanned, is tampered before us, and that is the challenge of This committee, the Homeland Secu- with. But the Department of Homeland terrorists attempting to do harm to rity Committee, has served this House Security is not interested. our country by going through our well by its bipartisan approach under This bill contains a study, an amend- ports. first our former chairman, Mr. Cox, INNY BROWN-WAITE that ment by Ms. G The very nature of our ports, the and now our current chairman, Mr. the Department of Homeland Security very genius of our ports, which is the KING. should study whether it is feasible to just-in-time delivery, the inventory The Members on the Democratic side have 100 percent scanning. We passed that is basically carried on ships these have worked very hard I think to work that amendment on this floor 2 years days, instead of stationary in large with us in a bipartisan way. So I hope ago. It was the Nadler amendment. It buildings on land, the very easy trans- the tenor of the debate tonight does is in the law. It said they should report fer of them from ships to trucks to be not mislead people who may be listen- back in 90 days, 90 days from 2 years able to get into the middle of our coun- ing into thinking we are not doing the ago. They haven’t bothered reporting try within the shortest period of time, peoples’ business. We are doing the peo- back, because they are not interested times that would have been unimagi- ples’ business. I am proud of the work in this. This is another waste of time. nable just years ago, that very inge- that we are doing here. This is a good The fact is, a risk-based strategy, nuity, that creativity, also creates the bill. We will debate some additional they will simply put the atomic bomb vulnerability. amendments. We will have a motion to or the radiological bomb in a low-risk It is true that, following 9/11, we fo- recommit. And whatever comes out of container from Wal-Mart. The greatest cused, not exclusively but more than that, this will still be a good bill. risk we face is that a good company any other area, on our aviation system. Please support this rule and support will have a container with sneakers in Now we have an opportunity to try and this bill. Indonesia on the way to the port, and put a greater emphasis on security for Mr. HASTINGS of Florida. Mr. the driver will stop for lunch, and our ports. Speaker, I yield 21⁄2 minutes to the dis- while he is stopping for lunch, some I was gone from this place for 16 tinguished ranking member of the Se- terrorist will take out the sneakers years; 9/11 was the event that com- lect Committee on Intelligence, my

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.135 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2062 CONGRESSIONAL RECORD — HOUSE May 3, 2006 good friend, Ms. HARMAN from Cali- This is a bipartisan bill, as has been The SPEAKER pro tempore. The gen- fornia. stated, that takes a commonsense ap- tleman from Florida (Mr. HASTINGS) Ms. HARMAN. Mr. Speaker, I thank proach to improving the security of has 14 minutes remaining. the gentleman for yielding me time. I America’s ports. The bill authorizes The gentlemen from Texas (Mr. SES- commend him for his service on the $821 million annually for port security SIONS) has 111⁄2 minutes remaining. Rules Committee and also on the Intel- programs. It requires the Department Mr. HASTINGS of Florida. Mr. ligence Committee. of Homeland Security to deploy nu- Speaker, I yield 2 minutes to the dis- Mr. Speaker, I rise in opposition to clear and radiological detection sys- tinguished ranking member of the this rule but also in support of the tems at 22 U.S. seaports by the end of Homeland Security Committee, the comments that just were made by the fiscal year 2007, an action that will gentleman from Mississippi (Mr. bill’s co-author, Mr. LUNGREN. cover 98 percent of incoming maritime THOMPSON), my good friend. I support bipartisanship. To my mar- containers. Mr. THOMPSON of Mississippi. Mr. row, I support bipartisanship. I think Further, it makes sure that the peo- Speaker, I thank the gentleman from that this bill, which he and I have co- ple working at our port facilities are Florida for allowing me to speak authored, is an excellent bill; and there properly cleared and identified by forc- against this rule. will be plenty of time tomorrow to de- ing DHS to set deadlines for the imple- Mr. Speaker, I do not support this bate it. I hope that debate will be in a mentation of the Transportation Work- rule as it flies in the face of bipartisan- true bipartisan spirit. er Information Credential Program, or ship shown by the Homeland Security My opposition to the rule, Mr. Speak- commonly called TWIC, a biometri- Committee. It is inexcusable to not er, is that there are missed opportuni- cally enhanced identification card sys- allow an up or down vote on many of ties. There are things we could have tem designed to make sure that those the amendments that appeared before and should have done in this rule that who would seek to commit acts of ter- the Rules Committee, including my we did not do. What is wrong with this rorism against us are not allowed to amendment increasing the number of rule is that the legislation will not work within the U.S. port system. Customs inspectors assigned at sea- have the benefit of several important Mr. Speaker, I am also happy to see ports, the Nadler-Markey amendment provisions which, in fact, were in bills that the bill codifies in law the estab- advocating 100 percent phase-in screen- before us. I want to explain what I lishment of the Domestic Nuclear De- ing of cargo, and the Langevin amend- mean. tection Office, or DNDO. Earlier this ment on radiation portal monitoring. The Homeland Security SAFE Port year, I had the opportunity to visit the Silencing debate on port security and Act did include a provision to accel- DNDO facility at the Nevada test site. not allowing Republican and Demo- erate the Coast Guard’s Deepwater Mr. Speaker, I am firmly convinced crats of this House to consider those Program so that we can replace out- of the importance of maintaining the amendments on the floor keep all of us dated planes and boats sometime be- vitality of this organization. The from doing our jobs constituents put us fore my new baby granddaughter grad- DNDO has been one of the most impor- here to do. uates from college. tant missions within the DHS, the de- If those who refuse to allow these I doubt that a single Member of the tection and identification of nuclear House opposes modernizing the Coast amendments to be considered by the materials. During my visit, I observed House did so because they were afraid Guard fleet. All of us know that this firsthand the testing of nuclear and ra- Federal agency has done more than that they were not going to pass, then diological countermeasures, including I ask them to think about this: maybe any other, at least in my view, to de- detection devices designed to identify fend America and stretch scarce dollars these amendments would have passed vehicles transporting nuclear explosive because they are sound policy and the to the breaking point after 9/11. devices, fissile material, radiological However, in the manager’s amend- types of things that we need to do, material intended for illicit use. serve and protect the American people. ment made in order under this rule, we The SAFE Port Act requires the If they were refused because the ma- are deleting the Deepwater Program DNDO to conduct testing of next-gen- jority did not want to take hard votes language. I think that is a mistake. eration nuclear radiological detection that their constituents might disagree Secondly, we have already been talk- equipment and to put forth a time line with, I implore those who make these ing about the issue of 100 percent scan- for completing installation of such decisions to put America’s safety first ning and sealing of containers. It is equipment at all US seaports. something that I strongly support. Finally, I am grateful to Chairman before politics. We must remember Identical language to language de- King for his willingness to accept my that homeland security is not a Demo- feated in the Homeland Security Com- addition to section 1812 of the act, cratic or Republican issue, it is an mittee and not allowed to be presented which appears in the manager’s amend- American issue; and those in this on the floor, was included and reported ment. My addition to section 1812 al- House must treat it as so. in legislation by the Transportation lows contract logistics providers to be If our ports are attacked, if a cargo and Infrastructure Committee. eligible for inclusion in the Customs- container is blown up, those affected My point here is that, on a bipartisan Trade Partnership Act Against Ter- will be all stripes, colors and political basis, at least one committee of this rorism, or commonly known as C- affiliations. It is about time this House House has already approved this lan- TPAT, an important tool in the public- started legislating as such. guage. Now it is not in the version of private sector alliance designed to Mr. Speaker, let us look at the the bill before us but also it is not make sure that goods shipped by manu- amendments the Rules majority re- made in order as an amendment to this facturers internationally are safe. fused to give an up or down vote on. bill. That language would help make a Contract logistics providers manage First, my amendment authorized $67 good bill a better bill. the movement and warehousing of million for 400 Customs and Border Pa- The process to develop the bill is goods and have access to critical infor- trol inspectors to be assigned at sea- good. The process in the Rules Com- mation about the status of shipments ports over the next 4 years. With all of mittee was bad. I urge a no vote on the throughout the supply chain. Given our the talk of how we need to shore up our rule. goal of securing the entire supply ports here and abroad, why not put our Mr. SESSIONS. Mr. Speaker, once chain, it is logical that companies pro- money where our mouth is and get again continuing, the majority side, to viding services critical to the overall enough people to do the job? One of the present a fair and balanced rule with movement of goods should be allowed major deficiencies of our port security the substance of the bill, I yield 4 min- to voluntarily seek membership in C- is that we do not have enough inspec- utes to our next speaker, the gentle- TPAT. tors at U.S. and foreign seaports. men from Lehigh Valley, Pennsylvania For all of these reasons, I support the Second, the rule rejects Mr. (Mr. DENT). rule and underlying bill, H.R. 4954. LANGEVIN’s amendment which in- Mr. DENT. Mr. Speaker, I rise today Mr. HASTINGS of Florida. Mr. creases radiation portal monitors, in- to speak in support of the rule and in Speaker, would you be so kind as to ad- creases funding by $117 million. What is support of the underlying bill, H.R. vise each of us how much time re- the majority afraid of? That the Amer- 4954, the SAFE Port Act of 2006. mains. ican people may discover that this

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.137 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2063 country spends 57 times the amount of cargo screening technologies within 1 from Florida and a number of other of money on a missile defense system year. The Secretary must then work my colleagues, somewhat frustrated that does not work? with foreign governments within 6 and distraught that, based upon the re- Finally, this rule does not include months to deploy such technology. cent reflection of the former Inspector the amendment offered by Representa- This amendment, and the underlying General of the U.S. Homeland Security tives NADLER, MARKEY and OBERSTAR, bill, does not falsely promise some fan- Department; I want to remind my col- requiring 100 percent container scan- tastic pie-in-the-sky technology. league that the IG’s office is an inde- ning phased in over 5 years. Currently, Though the ICIS project of 100 percent pendent office that is not to be tainted only about 5 percent of that cargo is screening in Hong Kong is promising, it by any partisan politics. They indict in screened; 95 percent is not. This is still too unproven that we would a bipartisan way. They criticize with- amendment would have fixed that. ever consider demanding immediate out partisanship. They call a spade a Let’s stop playing politics with implementation of it. There are still spade. They suggest what can be fixed, America’s security. Let’s have an open density problems that exist. Cargo is and they try to create an atmosphere exchange of ideas. It is about time that being screened at some of the termi- in which we can improve the conditions we stopped hiding behind rules that nals, but no one is analyzing this data in which that department operates. leave America less secure. because of these problems prior to ship- The Inspector General of the U.S. Mr. SESSIONS. Mr. Speaker, I yield ment. When the technology is in place, Homeland Security Department has myself such time as I may consume. of course we will use it. said that the container security initia- Mr. Speaker, the rule and the sub- Every Member of this body on both tive is a complete failure; it does not stance that we are debating here is sides of the aisle wants to make sure work. I think the American people very important and one which, to sup- that our screening is adequate, more need to know that. port the balance that we have, the than adequate, that it is state-of-the- So the frustration is that we were bi- committee heard many of the amend- art. And when that technology is here, partisan in the committee, and I know ments that had been discussed in sub- we certainly will use it. our good friends know that by sup- committees and in full committee. In the meantime, I do not believe porting the gentlewoman from Flor- They were voted down twice as a result that we should waste taxpayer dollars ida’s amendment, but we could not get of substantive debate and all of the on pie-in-the-sky promises. Instead, the Nadler-Markey amendment that a members of the committee being to- the bill requires DHS to implement re- number of us are cosponsors on. I am gether. alistic technology to increase our over- an original cosponsor of that amend- The Rules Committees was aware of seas cargo screening. ment. that. We took testimony, we heard Our constituents require and deserve The issue that Mr. MARKEY and Mr. from people, and we made a decision. a secure America, and this bill pushes NADLER have raised on a continuous Our rule, the one we are putting to- DHS further than ever to deliver that. basis, but more importantly, forget gether, is fair: 10 Democrat amend- As a member of the Homeland Secu- about Members who may be described ments, 5 Republican amendments. We rity Committee, I am committed to as having some partisanship, if you feel good about what we are doing. The never allowing DHS to become compla- will, underlying the backdrop, but the substance of the bill is strong, the sub- cent. This bill is not the end of port se- Inspector General is saying that we are stance of the bill is balanced, and the curity legislation. Rather, it is a good near the precipice of another horrible substance of the bill aims directly at starting line for us to begin the race, incident, and that incident could in- what our national self-interest is as it running faster than ever to secure clude a tanker full of weapons of mass relates to protecting our ports. America with realistic technology and destruction or a container full, which Mr. Speaker, at this time I yield 4 real results. is what the Nadler-Markey amendment minutes to the gentlewoman from I certainly want to thank Chairman suggests, 100 percent scrutiny and Florida (Ms. GINNY BROWN-WAITE). KING as well as Congressman LUNGREN clearing of the containers coming to Ms. GINNY BROWN-WAITE of Flor- and Congresswoman HARMAN for the our ports. ida. Mr. Speaker, I rise today in sup- opportunity to work with them on this Let me just conclude by saying, let port of the rule for H.R. 4954, the SAFE very significant legislation. us see if we can find a way, vote for the Port Act. I urge all Members to vote in favor of motion to recommit, but let me just For too long we have been content the rule and, of course, the underlying say that, in addition, I am grateful for with minimal upgrades to port security bill. an amendment that talks about includ- while vigorously bolstering our air- Mr. HASTINGS of Florida. Mr. ing the congested neighborhoods near ports and borders. Do not get me Speaker, I yield myself such time as I ports in the disaster training, but I am wrong. These areas of security are may consume. disappointed that an amendment that vital, but so are our ports. As a Mem- My colleague, Mr. SESSIONS, my focuses on providing opportunity for ber from Florida, I am extremely con- friend, related earlier that in full com- minority, women-owned and small scious of the Nation’s vulnerability in mittee these matters were debated and businesses in doing this disaster fix-up this area. were voted down. I would remind him was eliminated. that the Nadler amendment passed in Let us hope we can make a better 1830 b the Transportation and Infrastructure bill, and let us hope we do that as we Florida has 14 ports, all of which are Committee on a voice vote and that move this bill forward. in desperate need of the grant funding the Lungren amendment passed in the Mr. Speaker, I rise today to comment on the that this bill provides for infrastruc- Homeland Security Committee, an ap- significant step forward toward national secu- ture, technology and security up- propriate jurisdiction. rity and safety for our seaports that this bill grades. Mr. Speaker, I yield 21⁄2 minutes to represents. I am proud of my colleagues who The SAFE Port Act pushes us leaps the gentlewoman from Texas (Ms. have crafted this bill to be inclusive of many and bounds beyond our current secu- JACKSON-LEE), my good friend. issues that Members of the Committee on rity. We fund port of entry inspection (Ms. JACKSON-LEE of Texas asked Homeland Security and other Members of the offices, port security programs and and was given permission to revise and Congress have expressed over the last few port worker-identification systems. extend her remarks.) years, and more intensely over the last few I was especially proud to contribute Ms. JACKSON-LEE of Texas. Mr. months. an amendment in the Homeland Secu- Speaker, I thank the distinguished gen- However, I remain distraught and angered rity Committee to move DHS toward tleman from Florida for his leadership. by the fact that the rule under which we con- advanced technology. I beg to differ In this debate, I have listened to the sider this bill today prevents a true democratic with my colleagues on the opposite encouragement and the entreaties to debate to take place, and limits participation in side of the aisle. This is not a study. As be bipartisan, and let me say that I ac- crafting this bill to be relevant both to all a matter of fact, the amendment re- cept that call. In fact, I believe that we stakeholders and all Americans. quires the Secretary of Homeland Se- have made a step toward national secu- There are 15 amendments accepted in curity to aggressively pursue new rity, but I am, like my good friend order, and I am thankful that one of my

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.140 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2064 CONGRESSIONAL RECORD — HOUSE May 3, 2006 amendments has been included in this list, in- bring it into the port of the United by two votes in committee to screen cluding neighborhoods in at-risk areas sur- States and detonate a nuclear weapon 100 percent of the containers coming to rounding a seaport. without ever having been inspected. America is not allowed. Are we afraid However, this list should not be so exclu- Now, the amendment which we asked of the democratic process here on the sive. I find it hard to believe that the other 19 the Republicans to put in order was floor? amendments were baseless enough to war- one that required all containers com- Let’s pretend that the unverified pa- rant exclusion from floor consideration. ing into the United States to be perwork certification of shippers, C- I find it appalling that among the amend- screened overseas before they are put TPAT and CIS, are meaningful and pro- ments declined was an amendment to pre- on ships to come into American ports vide real security despite the numerous serve consideration of women- and minority- so that we can identify which ship has reports we have about their extraor- owned businesses in the Homeland Security the nuclear weapon. dinary failures, including the most re- grant program and an amendment that re- In the Homeland Security Com- cent one where a C-TPAT, CIS-based moves the restriction on the use of funds re- mittee, our amendment lost 18–16. The company and port provided 15 Chinese ceived through the Port Security Grant Pro- Republican majority refuses to allow in a container delivered to the United gram to pay for the salaries, benefits, overtime the coastal representatives to vote on States of America. That could have compensation, and other costs of additional this issue. been 15 tactical nuclear weapons in security personnel for State and local agen- We should have learned something that container instead of people at- cies for activities required by the Area Mari- from the Dubai debacle, the threat to tempting to sneak into the United time Transportation Security Plan. Lastly, I am our container ships coming into our States. frustrated by the decision by the Rules com- ports. Our amendment says no deadly Here is how it works: you are a for- mittee to not allow debate on an amendment uranium bombs allowed in, no Dubais. eign company. You want to ship to the by Mr. MARKEY and Mr. NADLER that requires The Republican majority says, we are U.S. You go online on your computer. immediate attention and consideration. not going to screen any containers You fill out a form online. You imme- Their amendment requires 100 percent of coming into the ports of the United diately get the score of your products packages entering our Nation’s ports to be States. and your shipping reduced to the scanned. We need to make sure the contents It is dangerous. The least that we United States of America. It no longer of a package are indeed what the paperwork should be able to say when that nu- is as much of a threat because you says they are. While I support the Markey clear weapon goes off is that we tried, filled out a form online, whoever you Amendment goal of 100 percent inspection of we really tried to prevent it from hap- might be; you might be Osama bin containers, I think it is also important for us to pening. The Republicans are not only Laden in a cave, we don’t know. consider and pursue innovative technology not trying to stop it from happening; Okay. Well, then we are going to send and supplemental data gathering mechanisms they are stopping us from having a de- someone around to certify you are who to ensure that we are as informed as possible bate on the floor of Congress on this you said you are and you really have about the packages entering our country. issue. the paperwork plan you told us you Nonetheless, this amendment was an op- This is the issue that is at the top of have. Unfortunately, we do not have portunity to bring a crucial debate off the TV the al Qaeda terrorist target list, to enough people to do that. It will be 1 to networks and out of the newspapers and onto bring a nuclear weapon into the port of 3 years before either a U.S. inspector or the floor of the House of Representatives. I an American city. And instead of al- a contractor comes by for one day, one am disappointed that the Rules committee lowing for this debate to take place, time, to make sure you are not a bad shut down this debate. they are saying they cannot figure it guy and you might not ship bad things I urge my colleagues to vote against this out. They are going to study it for here. rule which unfairly limits the involvement of fel- three more years. So that will mean we That is quite a system. That is C- low Members of Congress in protecting our went from 2001 to 2009 studying this TPAT. It is a faith-based honor system. seaports and preserving our homeland secu- issue. Here it is: they will send us a manifest. rity. When the Soviet Union threatened Now a manifest says 100 concrete bird Mr. SESSIONS. Mr. Speaker, I would the United States in 1961 with Sputnik, baths, but what if it is 99 concrete bird like to advise the gentleman from President Kennedy did not say, we are baths and one tactical nuclear weapon? Florida that the majority does not going to study it until 1969. He said, we Well, they are in the C-TPAT program; have any additional speakers at this will put a man on the Moon and bring they would not phony up a manifest. Of time and that I would welcome any op- him back to Earth; we will control the course, again, you have 6 months to ad- portunity that he would have to utilize heavens, not the Communists. just your manifest after your product his time up with the knowledge that I What the Republicans with the Bush arrives in the United States because then would close as appropriate. White House say is, they are going to you know everybody says manifests are Mr. HASTINGS of Florida. Mr. study the issue of the greatest al Qaeda not accurate. Speaker, I appreciate my friend for threat to our country, a nuclear bomb We do not know who the people are, that. Would the Speaker advise how in a container in a port in the United and the manifests are not accurate, but much time I have remaining? States. They are going to study it for that’s the security we have today. The SPEAKER pro tempore (Mr. all 8 years, 2001 to 2009. President Ken- The Deputy Secretary of TSA, Mr. SIMPSON). The gentleman from Florida nedy said, rocket science, we will mas- Jackson, admits there is a risk. He (Mr. HASTINGS) has 8 minutes remain- ter it. The Republicans say, we cannot says, well, they do not want to screen ing. even figure out how to screen a con- all the containers on the other side of Mr. HASTINGS of Florida. Mr. tainer; we cannot even figure out how the ocean, even though the technology Speaker, I yield 3 minutes to the most to put a tamper-proof seal on a con- exists. Despite what the gentlewoman distinguished gentleman from Massa- tainer. from Florida said, it exists, it works chusetts (Mr. MARKEY), who has ad- The price our country will pay will and it does not unduly delay. You can vanced this legislation in a meaningful be too high a price. It will be the most drive by it at 10 miles per hour. way, whose amendment was not, I re- horrendous event in the history of our He says the vision of the Bush admin- peat, was not allowed. Nation. istration is, they are going to screen Mr. MARKEY. Mr. Speaker, I thank Mr. HASTINGS of Florida. Mr. ultimately, with technology, 100 per- the gentleman. Speaker, I am very pleased to yield 3 cent of the containers before they leave Mr. NADLER, Mr. OBERSTAR and I re- minutes to the distinguished gen- United States ports for the interior of quested an amendment to be put in tleman from Oregon (Mr. DEFAZIO), my the U.S., but they might contain order, and the Republicans said no. In good friend. threats. Now, wait a minute. We are the former Soviet Union, there is dead- Mr. DEFAZIO. I thank the gentleman going to put them in our ports, but we ly nuclear weapons material that is for the time. think they might have threats, but we still unsecured that al Qaeda could pur- This is ‘‘let’s pretend’’ time. Let’s will inspect them before they go in- chase, bring to a port in Europe, in pretend this is a fair process when a land? I guess the ports are sacrifice Asia, in Africa, put it on a ship and meaningful amendment that lost only zones. I guess most of our ports are in

VerDate Aug 31 2005 03:34 May 04, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.081 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2065 blue States. No, Florida was a red lating the Democrats’ side this after- AMENDMENT TO H.R. 4954, AS REPORTED State. I am not sure why they want to noon. Mr. Speaker, we understand what OFFERED BY MR. THOMPSON OF MISSISSIPPI sacrifice those ports in those States. they are saying. We get it. As a matter Page 44, after line 9, insert the following This is extraordinary to me that we of fact, there have been these debates new section: are not being allowed this one simple now for several years, and this House, SEC. 127. ADDITIONAL CUSTOMS AND BORDER amendment, and let us pretend that time and time again, has said that we PROTECTION OFFICERS AT UNITED STATES SEAPORTS. they are not under unbelievable pres- support a risk-based funding approach. (a) IN GENERAL.—For the period beginning sure from Wal-Mart and other shippers Risk-based. on the date of the enactment of this Act and of goods to the United States to not do We have already shown this where ending September 30, 2010, the Secretary of anything meaningful because it will Democrats have voted. In the PA- Homeland Security shall hire approximately cost a couple of bucks more per con- TRIOT Act reauthorization, 44 Demo- 1,600 additional Customs and border Protec- tainer. crats voted for that; first responder au- tion officers for assignment at United States seaports. b 1845 thorization, 181 Democrats; Homeland Security appropriations bills, 194 (b) AUTHORIZATION OF APPROPRIATIONS.— Mr. SESSIONS. Mr. Speaker, I have There are authorized to be appropriated Democrats; and then, on the conference $67,617,200 for each of the fiscal years 2007 no further speakers at this point and report, 124 Democrats; and then in the would encourage the gentleman from through 2010 to carry out this section. 2004 intelligence reform bill, 183 Demo- An amendment offered by Representative Florida, if he would choose to close at crats. Langevin of Rhode Island or a designee. That this time, to do that. Mr. Speaker, we do not say this bill amendment shall be debatable for 30 minutes Mr. HASTINGS of Florida. Mr. is perfect. What we try and do is aim equally divided and controlled by the pro- Speaker, I yield myself the remaining the resources, the precious resources ponent and an opponent. time. combined with the technology and the AMENDMENT TO H.R. 4954, AS REPORTED Mr. Speaker, I will be asking Mem- desire that the United States of Amer- OFFERED BY MR. LANGEVIN OF RHODE ISLAND bers to vote ‘‘no’’ on the previous ques- ica has to support the efforts of pro- Page 103, after line 11, insert the following tion. If the previous question is de- tecting this country, not only in our new paragraphs: feated, I will amend the rules so the ports, on our borders, in our cities, and ‘‘(4) ADDITIONAL REQUIREMENTS.—The Di- rector shall make the following determina- House can vote on important amend- in the intelligence that we do. And ments offered by Homeland Security tions in developing and executing the acqui- time in and time out, we have said we sition strategy under this subsection: Ranking Member THOMPSON and Rep- are going to be threat-based. Where the ‘‘(A) A determination of the ports of entry resentative LANGEVIN to increase secu- threat is, that is where we will put our at which the detection systems will be de- rity at our Nation’s ports. Rules Com- resources. And a 100 percent check of ployed using a risk analysis of all United mittee Republicans rejected these all the cargo that goes in and out of States ports of entry. amendments when we met last night. our ports is simply unrealistic. ‘‘(B) A determination of the types of detec- The amendment would add 1,600 new What is realistic, that overwhelm- tion systems to be deployed at the ports of Customs and Border Protection Offi- entry determined under subparagraph (A), ingly has been supported by this House, including— cers at our Nation’s ports. We cannot that I believe once again this House conduct more container inspections at ‘‘(i) radiation portal monitors; will be on record to support, is the ‘‘(ii) advanced spectroscopic radiation por- our ports if we do not have more peo- thing that works, and that is to not tal monitors; ple. The goal of the Langevin amend- chase our tail but to look at where the ‘‘(iii) mobile radiation detection systems; ment is to make sure that these Cus- threat exists. That is what this com- and toms officials working in our ports are mittee has done. That is what the ‘‘(iv) human portable radiation detection using the best available technology. It Rules Committee has done. I am proud systems. authorizes funds to speed up the instal- ‘‘(C) A determination of the cost of the de- to say that we have a fair and balanced tection systems described in subparagraph lation of radiation portal monitors in rule. I am proud to say that the under- domestic ports of entry. (B) and a timeline for the deployment of lying legislation that has been sup- such systems. Mr. Speaker, I ask unanimous con- ported by these two committees is ‘‘(D) A determination of the cost to imple- sent to insert the text of these amend- threat-based, aims directly at a bipar- ment the strategy. ments and extraneous material imme- tisan approach and, more importantly, ‘‘(5) REPORT.—Not later than 90 days after diately prior to the vote on the pre- is something that will make us a little the date of the enactment of the Security vious question. bit safer now and in our future. and Accountability For Every Port Act, the Director shall submit to the appropriate con- The SPEAKER pro tempore. Is there Mr. Speaker, I am proud of what we objection to the request of the gen- gressional committees a report that contains have done today, and I think this the acquisition strategy developed pursuant tleman from Florida? House will support that. I urge all my There was no objection. to this subsection.’’. colleagues to support this rule and the Page 111, line 25, strike ‘‘$536,000,000’’ and Mr. HASTINGS of Florida. Mr. underlying legislation to give the De- insert ‘‘$653,000,000’’. Speaker, it just seems like common partment of Homeland Security the THE VOTE ON THE PREVIOUS QUESTION: WHAT sense to me that if you want to make tools and the direction it needs to keep IT REALLY MEANS port facilities safer, you put more Cus- America’s shores free from the threat This vote, the vote on whether to order the toms officials on the ground and give of terrorists. previous question on a special rule, is not them better equipment to detect and The material previously referred to merely a procedural vote. A vote against or- stop terrorist attacks. Unfortunately, by Mr. HASTINGS of Florida is as fol- dering the previous question is a vote the Rules Committee has decided that lows: against the Republican majority agenda and the House is not going to debate these a vote to allow the opposition, at least for ideas, and in my judgment, that is a PREVIOUS QUESTION FOR H. RES. 739—RULE ON the moment, to offer an alternative plan. It H.R. 4954—THE SAFE PORT ACT shame. Members should be aware that is a vote about what the House should be de- a ‘‘no’’ vote will not prevent consider- At the end of the resolution, add the fol- bating. lowing: Mr. Clarence Cannon’s Precedents of the ation of the SAFE Port Act, and it will SEC. 2. Notwithstanding any other provi- House of Representatives, (VI, 308–311) de- not affect any of the amendments that sion of this resolution the two amendments scribes the vote on the previous question on are in order under this rule. But a ‘‘no’’ specified in section 3 shall be in order as the rule as ‘‘a motion to direct or control the vote will allow us to vote for these re- though printed after the amendment num- consideration of the subject before the House sponsible amendments to increase se- bered 15 in the report of the Committee on being made by the Member in charge.’’ To curity at our Nation’s ports. I urge my Rules. defeat the previous question is to give the colleagues to vote ‘‘no’’ on the previous SEC. 3. The amendments referred to in sec- opposition a chance to decide the subject be- question. tion 2 are as follows: fore the House. Cannon cites the Speaker’s An amendment offered by Representative ruling of January 13, 1920, to the effect that Mr. Speaker, I yield back the balance Thompson of Mississippi or a designee. That ‘‘the refusal of the House to sustain the de- of my time. amendment shall be debatable for 30 minutes mand for the previous question passes the Mr. SESSIONS. Mr. Speaker, I thank equally divided and controlled, by the pro- control of the resolution to the opposition’’ the gentleman from Florida for articu- ponent and an opponent. in order to offer an amendment. On March

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.143 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2066 CONGRESSIONAL RECORD — HOUSE May 3, 2006 15, 1909, a member of the majority party of- also requires the Secretary to deploy nuclear Mr. LARSON of Connecticut. Mr. fered a rule resolution. The House defeated and radiological detection systems at 22 U.S. Speaker, I yield myself such time as I the previous question and a member of the seaports by the end of fiscal year 2007. may consume. opposition rose to a parliamentary inquiry, These are good ways to ensure port secu- Mr. Speaker, I rise today on behalf of asking who was entitled to recognition. my Democratic colleagues to offer a Speaker Joseph G. Cannon (R–Illinois) said: rity, and there are many more included in the ‘‘The previous question having been refused, bill. motion to instruct the House conferees the gentleman from New York, Mr. Fitz- I thank Chairman KING of Iowa, Chairman on the tax cut reconciliation con- gerald, who had asked the gentleman to DANIEL E. LUNGREN of California, and ranking ference committee. yield to him for an amendment, is entitled to member HARMAN for their work on much-need- This motion has two simple yet im- the first recognition.’’ ed legislation, and urge my colleagues to sup- portant provisions. First, it closes over Because the vote today may look bad for port the Rule. $5 billion in unneeded tax loopholes the Republican majority they will say ‘‘the Mr. SESSIONS. Mr. Speaker, I yield and subsidies for oil companies. It vote on the previous question is simply a back the balance of my time, and I eliminates the ‘‘last in/first out,’’ vote on whether to proceed to an immediate LIFO, accounting method for oil com- vote on adopting the resolution . . . [and] move the previous question on the res- olution. panies, which amounts to $4.3 billion has no substantive legislative or policy im- over the next 10 years. It prohibits oil plications whatsoever.’’ But that is not what The SPEAKER pro tempore. The companies from writing off costs asso- they have always said. Listen to the Repub- question is on ordering the previous ciated with oil and gas exploration, lican Leadership Manual on the Legislative question. which is about $292 million over the Process in the United States House of Rep- The question was taken; and the next 10 years. It limits the foreign tax resentatives, (6th edition, page 135). Here’s Speaker pro tempore announced that how the Republicans describe the previous credit that companies receive for the the ayes appeared to have it. question vote in their own manual: Although taxes they pay to oil-producing coun- it is generally not possible to amend the rule Mr. HASTINGS of Florida. Mr. tries. because the majority Member controlling Speaker, on that I demand the yeas This rollback amounts to, for oil the time will not yield for the purpose of of- and nays. companies, a mere $540 million a year fering an amendment, the same result may The yeas and nays were ordered. and $135 million each quarter. be achieved by voting down the previous The SPEAKER pro tempore. Pursu- To put this in appropriate perspec- question on the rule . . . When the motion ant to clause 8 of rule XX, further pro- tive, this represents approximately 1.6 for the previous question is defeated, control ceedings on this question will be post- percent of Exxon’s first-quarter profits of the time passes to the Member who led the poned. opposition to ordering the previous question. in 2006 alone. Second, it ends the exten- That Member, because he then controls the f sion of lower capital gains and divi- time, may offer an amendment to the rule, REMOVAL OF NAME OF MEMBER dends tax rates. We offered this motion last week. or yield for the purpose of amendment.’’ AS COSPONSOR OF H.R. 4881 Deschler’s Procedure in the U.S. House of The distinguished gentleman from Representatives, the subchapter titled Mr. SAM JOHNSON of Texas. Mr. Washington State put forward the ‘‘Amending Special Rules’’ states: ‘‘a refusal Speaker, I ask unanimous consent that amendment in the motion because of to order the previous question on such a rule my name be removed as a cosponsor the way that Americans are being hit [a special rule reported from the Committee from the bill H.R. 4881. this time both at the gas pump and on Rules] opens the resolution to amend- The SPEAKER pro tempore. Is there ment and further debate.’’ (Chapter 21, sec- again because we hoped that the other tion 21.2) Section 21.3 continues: Upon rejec- objection to the request of the gen- side would join us in this effort. Unfor- tion of the motion for the previous question tleman from Texas? tunately, only nine Republicans voted on a resolution reported from the Committee There was no objection. for the motion, and it failed 190–232. on Rules, control shifts to the Member lead- f We offer this again because the ing the opposition to the previous question, American people simply cannot under- who may offer a proper amendment or mo- MOTION TO INSTRUCT CONFEREES stand why their government would tion and who controls the time for debate ON H.R. 4297, TAX RELIEF EX- hand billions in tax breaks and sub- thereon.’’ TENSION RECONCILIATION ACT sidies to an oil industry that by all Clearly, the vote on the previous OF 2005 measures is enjoying an unprecedented question on a rule does have sub- Mr. LARSON of Connecticut. Mr. level of success. In fact, last week, stantive policy implications. It is one Speaker, I offer a motion. President Bush discussed his plan to of the only available tools for those The SPEAKER pro tempore. The address the rising price of gas and oil. who oppose the Republican majority’s Clerk will report the motion. During his remarks the President agenda to offer an alternative plan. The Clerk read as follows: stated, ‘‘Record oil prices and large Mr. SMITH of Texas. Mr. Speaker, I support Mr. Larson of Connecticut moves that the cash flows also mean that Congress has this rule and the underlying legislation. managers on the part of the House at the got to understand that these energy We all know that port security has been conference on the disagreeing votes of the companies do not need unnecessary tax news across the United States in recent two Houses on the Senate amendment to the breaks. I am looking forward to Con- bill II.R. 4297 be instructed— gress to take about $2 billion of these weeks, and it should be. (1) to agree to the following provisions of The U.S. ports are on the front lines of tax breaks out of the budget over a 10- the Senate amendment: section 461 (relating year period of time. Cash flows are up, homeland security. My home state of Texas to revaluation of LIFO inventories of large has several major seaports, including Gal- integrated oil companies), section 462 (relat- taxpayers do not need to be paying for veston, Brownsville and Houston, that offer ing to elimination of amortization of geo- certain of these expenses on behalf of energy companies.’’ potential routes for dangerous cargo and ter- logical and geophysical expenditures for Now, if the President of the United rorist weapons. major integrated oil companies), and section 470 (relating to modifications of foreign tax States can call for this, it just seems This bill, the SAFE Ports Act of 2005, will credit rules applicable to large integrated oil logical to those of us on this side of the help ensure that Americans feel confident that companies which are dual capacity tax- aisle that Congress ought to be able to the U.S. Government is protecting them from payers), and join with the other body. This body yet another threat. (2) to recede from the provisions of the ought to embrace what the Senate has It does so by imposing security require- House bill that extend the lower tax rate on already done and concluded, and be in ments on overseas shippers and ports where dividends and capital gains that would other- harmony with the Senate and the wise terminate at the close of 2008. cargo starts its journey to the United States, President of the United States. on cargo transportation while enroute to the The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of United States, and at the ports within the ant to clause 7 of rule XXII, the gen- my time. United States—the last staging area before tleman from Connecticut (Mr. LARSON) Mr. SAM JOHNSON of Texas. Mr. cargo makes its way into the country. and the gentleman from Texas (Mr. Speaker, I yield myself such time as I Also, this bill requires the Department of SAM JOHNSON) each will control 30 min- may consume. Homeland Security Secretary to employ stand- utes. Mr. Speaker, you know, talking ards for sealing all containers entering the The Chair recognizes the gentleman about helping our companies, the en- Unites States within two years of enactment. It from Connecticut. ergy bill that my opponent referred to

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.084 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2067 was equally divided among oil, among and own up to no responsibility for cre- something Democrats have been call- chemical, among hydrogen, among all ating these supply problems that then ing for for the last 8 months. those renewable-type fuels so that we drive the price to $3 a gallon. It is easi- Why on earth we would be offering could bring this Nation into self-suffi- er to send out press releases that claim still more tax cuts to an industry that ciency. Today’s Democrat motion to they are attacking Big Oil than it is to is enjoying record profits is beyond me. instruct conferees is just as bad as it take a semester of Economics 101. Even the President has acknowledged was last week when it failed by a vote Mr. Speaker, I reserve the balance of that we should be paring these gifts to of 190–232. my time. industry back. It is interesting to note Yes, gas prices are high, and I can’t Mr. LARSON of Connecticut. Mr. that he did not know in the energy bill name anyone I know who is happy Speaker, I yield myself such time as I that he signed that they had $9 billion about having to pay $3 a gallon for may consume. in the energy bill that he signed; and, fuel. But this motion is the wrong pol- Mr. Speaker, I certainly think that in fact, his administration gave a $7 icy on any number of fronts. It is bad the President of the United States un- billion windfall to the oil companies by energy policy. It is bad economic pol- derstands the laws of supply and de- waiving their royalty payments to the icy, and it is bad tax policy. mand and has prevailed upon this Con- Federal Government. The Democrats just do not want to gress to take action with regard to This majority is not doing what it understand the law of supply and de- this. should be doing in this bill. What they mand. When supply is low and demand More importantly, back in my home- are providing is more tax cuts. continues to rise, the price goes up. We town, John Mitchell, the former Re- With the Larson motion, which are seeing continuing demand for gaso- publican mayor of South Windsor, Con- would prohibit oil companies from line both here in the United States and necticut, and past president of the using an accounting gimmick to reduce around the world. The demand for gas- Independent Connecticut Petroleum their tax obligations, we have an op- oline is growing leaps and bounds in de- Dealers, says there is no correlation portunity to say enough. No more fi- veloping economies such as China and between what is going on in this coun- nancing $400 million executive retire- India. We are not the only consumers try between the laws of supply and de- ment packages with taxpayers’ dollars. of gasoline in the world, and we are mand and what is happening with home With soaring budget deficits, war and a sure not the ones in charge of supply. heating oil and what is happening at host of needs here at home, we have In the world, crude markets, the price our gas pumps. He says the only thing better things to do with the taxpayer of oil is bumping along at record that is happening here is a matter of money than to line the pockets of this prices. The worldwide demand for oil is fear, speculation and greed. majority’s political friends and an in- chasing up the price of the basic com- Mr. Speaker, I yield 3 minutes to the dustry reaping historic profits from modity. This basic law of supply and gentlewoman from Connecticut (Ms. American families. Let us get that demand is something that the Demo- DELAURO), someone who understands process started by passing the Larson crats think Congress can repeal, but that and someone who has represented motion. they are sadly mistaken. This motion the State of Connecticut with distinc- Mr. SAM JOHNSON of Texas. Mr. to instruct conferees is a reflection of tion. Speaker, I yield myself such time as I this mistake. Ms. DELAURO. Mr. Speaker, might I may consume. The law of supply and demand for gas say to my colleague on the other side Mr. Speaker, I wonder how many peo- also has another component that my of the aisle on the issue of refineries, ple in this country have stocks in gas friends just want to complain about; ExxonMobil has said that they will not companies, ExxonMobil, for example. that is on the supply of refined oil in build refineries, that it was not part of You are making a profit, too. Stop and the form of gasoline. They talk out of their business plan. think about it. both sides of their mouth on the issue The issue of switching from MTBE to Ms. DELAURO. If the gentleman of price because they have refused to ethanol was something that was known would yield, I have no stock in oil and allow new refineries to be built since a year and a half ago or more, and the gas companies. 1976. There are 148 refineries in Amer- decision, they knew it, they could pre- Mr. SAM JOHNSON of Texas. Well, I ica today, down from 324 in 1981. And pare for it, they wanted it to happen, didn’t understand her. last year, during the hurricane season, and they did not make the prepara- You claim you want to tax away the we saw that refining capacity damaged. tions to make that switch-over. profits of oil companies, and yet they This creates a choke point in supply re- Mr. Speaker, as Americans struggle do not even come here with their tired gardless of the rising cost of crude. The with $73 barrels of oil and gas prices old windfalls profit tax because they ability to refine oil is itself a problem that could reach $4 a gallon in the com- know it is a bogus policy that doesn’t and a demand problem. We have a prob- ing months, we have heard every ex- pass the laugh test. Instead, they come lem with refineries running close to ca- cuse in the world for why these prices here convoluting tax items that sound pacity and some of them shut down due have skyrocketed. intriguing in a 15-second sound bite. to damage and basic maintenance. We have been told that refineries are The first of the items is to switch the b 1900 being victimized by overbearing envi- way that oil companies account for At this point in the year, refineries ronmental regulations and that Ameri- their inventory. They claim to pick up also have to start blending niche fuels cans simply do not understand the laws on a Senate idea to move away from due to clean air requirements. of economics and that the market is long-standing accounting rules for in- I support clean air. We all do. We like simply responding to high demand. ventory. Well, what this motion would to breathe clean air. My grandchildren Well, it does not take an economist propose to do is go back in time to the like to breathe clean air. But the to recognize that the oil companies are 1930s to theoretical inventories still blending of special fuels for 17 par- making out like bandits. In 2005 alone, held by oil companies. We know darn ticular markets hampers the ability of ExxonMobil, the Nation’s largest oil well there is no oil inventories held by refineries to keep running at capacity company, earned more than $36 billion oil companies since the 1930s, yet the as they switch from one fuel to an- in profits, profits that were 31 percent Democrats here propose that we go other. higher than the year before. Not far be- back that far to tax theoretical inven- The pipelines that move fuel to ter- hind is Shell, with $22.9 billion of prof- tory, propose a one-time retroactive minals, the trucks that run from ter- it; BP, with $19.3 billion of profits; and tax back to the 1930s. minals to stations are not carrying ge- Chevron, which took in $14.1 billion. Such a proposal is scary even for my neric fuel. They have to move boutique So what is this Republican majority friends on the other side of the aisle. fuels. All of that adds costs and, more proposing? To usher through more tax They did not use some economic policy importantly, causes disruptions in sup- cuts for oil companies in their next that was developed by a PhD. No, they ply so we end up seeing some gas sta- round of corporate tax giveaways. This simply decided how many billions of tions without any fuel at all. only hours after this House finally re- dollars they wanted to raise in taxes on Yet our Democrat friends just want lented and voted to give the FTC the oil companies, and with some simple to complain about some big conspiracy authority to investigate price gouging, division it came out to $18.75 for each

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.146 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2068 CONGRESSIONAL RECORD — HOUSE May 3, 2006 layer of theoretical inventory for every House, but it is not right with many of renewable resources like wind and oil company back to the 1930s. my Republican colleagues who know it. solar. It is time energy independence This provision has no real policy be- In fact, last week a handful of them became a national policy, not a na- hind it. It simply is a big ATM with- were brave enough to vote with the tional advertising campaign by Big Oil drawal from oil companies to punish Democrats and voted in favor of this paid for by the American people. them for following the laws of supply motion. Now here we are, and we are We can start now. We can pass this and demand. They couldn’t pass the going to give you a second chance. motion to instruct. We need to restore laugh test on the windfall profits tax, Do we pave a road with gold for Big rational fiscal policy. The $5 billion so instead they came up with a tax Oil? Do we allow them to continue to would give us some money to do some that is retroactive to the 1930s. We cook their books, to keep $5 billion of that and not endorse reckless finan- have to defeat this proposal. that rightfully belongs to the Amer- cial tax holidays for Big Oil. Mr. Speaker, I reserve the balance of ican people? Even the Senate Repub- When Republicans talk about shared my time. licans cannot buy that. My goodness, sacrifice, they have to prove they mean Mr. LARSON of Connecticut. Mr. guys, come on. Even the Senate Repub- more than offering up the American Speaker, I yield myself such time as I licans. people on the altar of corporate greed. may consume. But, of course, the House Repub- I urge all my colleagues to support Mr. Speaker, I say to my distin- licans are different. Your gas tank is the Larson motion. Just because the guished colleague and good friend and empty. Your wallet may be empty. Democrats have the right policy on learned man who everyone respects in Your credit card debt may be rising this issue does not mean the Repub- this Chamber, it is the Republican-con- with gas prices, but the party of 1 per- licans have to vote against it. You can trolled Senate that passed these initia- cent, which is really what the Repub- vote with us once in a while. You will tives. It is the Republican President lican Party is, does not care. Because not die, nothing terrible will happen to that has called for these rollbacks. Big Oil is part of the 1 percent of Amer- you, and the American people will win. I said last week that the administra- ica that the House Republicans reward. I urge adoption of this motion. tion’s policy seems to be ‘‘leave no They are going to pay for it by taking Mr. SAM JOHNSON of Texas. Mr. oilman behind.’’ Or as Thomas Free- it out of the hides of 99 percent of the Speaker, I yield myself such time as I man has pointed out in the New York rest of America, the middle class. may consume. Times, from an international perspec- I join gladly with my esteemed col- Last week, my colleague from Wash- tive, it seems like the policy is ‘‘leave league from Connecticut to ask the ington State submitted for the RECORD no mullah behind’’ because of what we House Republicans to act on the Sen- an article describing a draft economist end up exporting abroad and how that ate Republican proposal which we sup- paper that claims to find no positive ef- money in turn is used against us. port. They offered to buy you a tank of fects from the 2003 dividend and capital Mr. Speaker, I yield 5 minutes to the gas. That is what the leader in the gains tax cut. There is solid evidence gentleman from Washington (Mr. other body said: we are going to give to the contrary. MCDERMOTT), who articulated this po- you a $100 rebate. Even industry turned I would like to submit a column from sition last week. that down. What good is it giving peo- Business Week magazine written by (Mr. MCDERMOTT asked and was ple two tanks of gas? That is simply Robert Barro, an economist at Harvard given permission to revise and extend not enough. University and nominee for the Nobel his remarks.) The American people deserve more Prize in Economics. He sums up a Mr. MCDERMOTT. Mr. Speaker, I than a Republican handout. They de- paper published in the Quarterly Jour- sometimes wonder when I am out here serve a prescription to end America’s nal of Economics by saying the 2003 tax on the floor whether anybody ever lis- addiction to oil. And in the weeks since cuts enhanced incentives for work ef- tens to anybody. the Republicans first voted down this fort, saving and investment. The paper The distinguished gentleman from motion, the price of gasoline has risen shows that tax policy can have sub- Texas who opposes this motion acts again. stantial and rapid effects on economic like some kind of wild-eyed liberal. You cannot seem to get the message. behavior. Left-wing bunch of environmentalists There is no surprise here. Net income come up with this idea all by them- of oil companies has nearly tripled b 1915 selves. This came out of the Senate, I since 2002, and the margins for oil re- I submit for the RECORD a list of would tell my distinguished colleague. fining have risen 700 percent. The an- seven academic papers that offer sup- This came out of the Republican Sen- swer to date from this administration port that a dividend tax cut of 2003 had ate. This is an idea that sprang from and House Republicans is to give them a positive effect on capital markets conservative Republican minds who un- all they want, and they want it all. and the economy. These papers were derstand that there is some reason to The American people are becoming a written by a diverse group of promi- think that the oil companies have wholly owned subsidiary of Big Oil, and nent academic economists from such enough. the House Republicans are going along institutions as the University of Cali- Now, as Yogi Berra used to say, ‘‘It’s for the ride. But with the enthusiastic fornia at Berkeley, the University of deja vu all over again.’’ We are running report of the President, House Repub- Michigan, the University of Illinois and the same script tonight as we ran licans are showing what their energy the Federal Reserve Board, and they about a week ago. strategy really looks like. It is not directly contradict the papers sub- A week ago, the Republicans voted about extracting oil. It is about ex- mitted by my colleagues across the down my motion to stop the oil compa- tracting every dime from the American aisle, that the dividend tax cut had no nies from legally cooking their books people for the oil companies. They are effect. In fact, according to the IRS, to avoid paying their fair share of Fed- drilling in your wallet, and a gusher of dividend income by taxpayers went up eral taxes. My distinguished colleague consumer debt is paving a road of gold 22 percent in the year after the tax cut, from Connecticut comes tonight with for Big Oil. That is the solution for our and qualified dividend income went up his motion. energy price for the party of 1 percent: 30 percent. The price tag for the oil industry is supersize the price of a gallon of gaso- [From Business Week, Jan. 24, 2005] $5 billion, not by raising taxes, just by line and let Big Oil get fat on the prof- HOW TAX REFORM DRIVES GROWTH AND closing loopholes. But they would rath- its. INVESTMENT er keep the money, inflate their profits Their idea of energy independence is and earn more money for buying bonds to dig deeper into your wallet. Demo- (By Robert J. Barro) to finance our Federal deficit and crats believe it is time to govern for Not since 1986, during President Ronald charge the American people more at the 99 percent of Americans that the Reagan’s second term, has the atmosphere in Washington been so promising for basic in- the pumps. Republicans have simply forgotten. It come-tax reform. Proposals are likely to in- Now, for Big Oil, too much is not is time to stop Big Oil from cooking its clude making permanent the tax changes of enough. That is all fine and good with books and frying the American people 2001 and 2003, flattening the tax-rate struc- this Republican leadership in the in the process. It is time we supersize ture, and moving toward taxing consumption

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.148 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2069 rather than income. The 2003 law gave a with below-average prospective returns on the economic engine in this latest epi- taste of what is to come by advancing the ef- investment. sode.’’—Federal Reserve Chairman Ben fective date for the 2001 marginal tax-rate The dividend study shows that tax policy Bernanke, Testimony before the Joint Eco- cuts and by reducing rates on dividends and can have substantial and rapid effects on nomic Committee, April 27, 2006. capital gains. The 2003 tax cuts enhanced in- economic behavior. The data highlight the Mr. Speaker, I reserve the balance of centives for work effort, saving, and invest- importance of the current deliberations on my time. ment. So I think it is no accident that the tax reform. The Bush Administration should Mr. LARSON of Connecticut. Mr. seize the moment and deliver a tax system U.S. has enjoyed rapid growth rates in gross Speaker, I yield 3 minutes to the gen- domestic product, investment, and produc- that promotes economic growth. tivity since early 2003. Employment also The following seven academic papers offer tleman from Missouri (Mr. CARNAHAN), grew, albeit with a lag. evidence of the positive impact of the 2003 whose State leads this Nation in eth- Because the sharp cut in dividend taxation tax relief: anol production and certainly under- was a centerpiece of the 2003 law, it is par- Hassett (AEI), Auberbach (UC Berkeley), stands the importance of the need for ticularly interesting to see how companies’ The 2003 Tax Cut and the Value of the Firm: energy and the need for us to roll back dividend policies changed. The anecdotal evi- An Event Study, NBER Working Paper No. these costs. dence suggests a strong positive response, 11449, July 2005, http://elsa.berkeley.edu/ Mr. CARNAHAN. Mr. Speaker, Re- highlighted by Microsoft Corp.’s initiation of users/auerbach/03divtax.pdf. Chetty (UC Berkeley), Rosenberg (UC publican policies continue in this Con- a regular dividend in 2003. Other large com- gress to favor the wealthy over middle- panies that started regular dividends in 2003– Berkeley), Saez (UC Berkeley), The Effects 04 include Analog Devices, Best Buy, Clear of Taxes on Market Responses to Dividend income Americans and without regard Channel Communications, Costco, Guidant, Announcements and Payments: What Can to the budget deficit that is expected Qualcomm, and Viacom. We Learn From the 2003 Dividend Tax Cut?, this year to reach $370 billion. A broader picture comes from the recent NBER Working Paper No. 11452, July 2005, In the Senate late last year, they had National Bureau of Economic Research http://papers.nber.org/papers/w11452.pdf. the good sense, common sense to block working paper, ‘‘Dividend Taxes and Cor- Chetty (UC Berkeley), Saez (UC Berkeley), extension of special tax cuts. The argu- porate Behavior: Evidence from the 2003 Div- Dividend Taxes and Corporate Behavior: Evi- ment was that they should not be ex- idend Tax Cut,’’ by Raj Chetty and Emman- dence from the 2003 Dividend Tax Cut, Quar- tending these cuts to benefit the terly Journal of Economics, Vol. 120 issue 3, uel Saez, economics professors at the Univer- wealthy while our lawmakers were ad- sity of California at Berkeley. The Chetty- August 2005, http://elsa.berkeley.edu/∼saez/ Saez study analyzes dividends paid by the chetty-saezOJE05dividends.pdf. vancing a broad budget-cutting bill universe of publicly listed corporations from Chetty (UC Berkeley), Saez (UC Berkeley), that mainly targeted programs for the the first quarter 1982 through the second The Effect of the 2003 Dividend Tax Cut on poor such as Medicaid and welfare. quarter 2004. The sample, designed for statis- Corporate Behavior: Interpreting the Evi- Our ranking Democrat on the Senate tical reasons to include the same number of dence, American Economic Review (forth- Budget Committee said, ‘‘You talk companies in each period, comprises roughly coming), Papers and Proceedings, Vol 92, about completely detached from re- the 4,000 largest companies by market cap- issue 2, January 2006, http:// ∼ ality. That’s this place.’’ italization in each quarter. elsa.berkelev.edu/ saez/chetty- Well, Mr. Speaker, on Tuesday, the The study documents a surge in initiations saezAEA06.pdf. of dividends after the dividend tax cut was Brown (University of Illinois at Urbana- AP reported that the average cost of proposed in January, 2003, and enacted in Champaign), Liang (Federal Reserve Board), unleaded gasoline was $2.92, up 35 cents May, 2003. The percentage of companies in Weisbenner (University of Illinois at Urbana- from a month ago. Moreover, U.S. driv- the sample that paid dividends increased Champaign), Executive Financial Incentives ers are now paying about 14 percent from 20% in fourth quarter 2002 to 25% in and Payout Policy: Firm Responses to the more to fill their tanks than a year second quarter 2004. This increased propen- 2003 Dividend Tax Cut, Presented at 2006 Bos- ago. sity to pay dividends reversed a long-term ton American Finance Association meeting, The energy bill passed by this Con- decline. http://papers.nber.org/papers/w11002.pdf. gress last year was a multibillion dol- The 2003 reform was also followed by in- Richard Kopcke (Federal Reserve Bank of creases in payouts by dividend-paying com- Boston), The Taxation of Equity, Dividends, lar giveaway to big oil companies. It panies. In the Chetty-Saez sample, the num- and Stock Prices, Federal Reserve Bank of picked the pockets of the American ber of companies that raised regular divi- Boston Public Policy Discussion Paper No. people and helped line the pockets of dends by at least 20% rose from 19 per quar- 05–1, January 2005 http://www.bos.frb.org/eco- Big Oil. Those taxpayer funded special ter in the period before the tax reform was nomic/ppdp/2005/ppdp051.pdf. breaks for Big Oil could have much bet- implemented to 50 in the post-reform period. House (University of Michigan) and Sha- ter been used for funding alternative Another response was a surge in special, one- piro (University of Michigan), Phased in Tax fuels and getting us weaned off our de- time dividends. This number rose from 7 per Cuts and Economic Activity, NBER Working pendence on foreign fossil fuels. Paper No. 10415, April 2004, http://pa- quarter pre-reform to 18 post-reform. The Despite the failure of this policy, the most celebrated special dividend was pers.nber.org/papers/wl0415.pdf. Microsoft’s payout of $32 billion, announced Selected quotations from outside. inde- Republican tax bill gives even more to in July, 2004. pendent academic papers offering evidence of the big oil companies. It is time we The post-reform increases in dividends— the positive impact of the 2003 tax relief: stopped subsidizing the big oil compa- new dividends, larger dividends, and special ‘‘The immediate tax rate cuts under the nies who have made not just record dividends—still apply when Chetty and Saez 2003 law provided incentives for production profits but the biggest profits in the control for profits, assets, market capitaliza- and investment to rise substantially . . . history of the world. This is why I rise tion, and cash holdings. In other words, the These incentives likely contributed to the in strong support of the motion to in- stronger economic performance in late tax reform made companies more likely to struct, and I commend my colleague, pay a dividend and to pay a larger dividend. 2003.’’—Christopher House, Matthew Shapiro, In addition, dividend initiations did not in- ‘‘Phased-In Tax Cuts and Economic Activ- Mr. LARSON from Connecticut, for of- crease among companies for which the larg- ity,’’ NBER Working Paper 10415. fering it. est institutional investor was a pension fund ‘‘We find strong evidence that the 2003 This motion would make three very or other entity not affected by the tax change in the dividend tax law had a signifi- important changes to close tax loop- change. Neither did dividend initiations rise cant impact on equity markets.’’—Alan holes that are lining the pockets of Big for Canadian companies, which are not af- Auerbach (DC Berkeley) and Kevin Hassett Oil. First, it would eliminate account- fected by U.S. tax changes. (AEI), ‘‘The Dividend Tax Cut and the Value ing gimmicks that allow Big Oil to ar- The study also revealed the relationship of the Firm: An Event Study,’’ NBER Work- between the concentration of company own- ing paper 11449, July 2005. tificially inflate costs and reduce prof- ership and the propensity to pay dividends. ‘‘An unusually large number of firms initi- its, thus reducing their tax liability, After the reforms, dividend initiations were ated or increased regular dividend payments and continue on this course of record more likely if share ownership was heavily in the year after the (2003 tax) reform. As a profits at the American public’s ex- concentrated among executives or taxable result, the number of firms paying dividends pense. institutions. The desire of these players to began to increase in 2003 after a continuous Second, it would close the loophole have larger dividends when the tax rate falls decline for more than two decades.’’—Raj that gives oil companies a tax break is particularly likely to be translated into Chetty and Emmanuel Saez (UC Berkeley), for taxes they pay for doing business in corporate dividend policy. ‘‘Dividend Taxes and Corporate Behavior, There’s also evidence that the tax cut par- Evidence for the 2003 Dividend Tax Cut,’’ foreign countries. ticularly heightened the propensity to pay Quarterly Journal of Economics, August And finally, the motion also elimi- dividends among companies with low fore- 2005. nates the tax break for accelerating de- casted earnings growth. So tax reform may ‘‘Fiscal policy along with monetary policy preciation for oil companies that was have efficiently taken cash out of companies was an important factor in helping to restart given to them in the energy bill.

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.091 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2070 CONGRESSIONAL RECORD — HOUSE May 3, 2006 The Larson motion would eliminate a go up, how do they get up there? How Why can’t we do that? Why can’t we 2-year amortization treatment for cer- did we go from $40 a barrel to $73 or $75 take away the tax subsidies? Why can’t tain expenditures, treatment that is a barrel? Through speculation, through they pay a royalty when they drill on wholly inconsistent with the way this greed and through fear. Federal lands? Why are we protecting type of expenditure would be treated So we start speculating on the price these record profits that you see right by other businesses. It is not fair to of oil, add a little fear, like we have here? I think the American people other American businesses, Mr. Speak- lately. That is called Iran because they know. er. Even the Bush administration has might suspend oil supplies, so that is So I have been on this for the last 8 acknowledged this is excessive. going to have to bring it up, and then months. I am on the Energy and Com- It is time we end the Republican pol- we can get more profit out of it. merce Committee. I have written to icy of giveaways to Big Oil, and I urge Underneath the PUMP Act, what we the chairman to have a hearing on my my colleagues to support the Larson are saying is, and currently, under cur- bill, because this winter, the Escanaba motion. rent situation, only 25 percent of the Senior Center got their bill. $7,000; next Mr. SAM JOHNSON of Texas. Mr. oil futures are traded under NYNEX, month it was over $13,000. Their energy Speaker, I continue to reserve the bal- the New York Mercantile Exchange. assistance, LIHEAP, Low-Income Heat- ance of my time. That means 75 percent are traded off- ing Energy Assistance Program, only Mr. LARSON of Connecticut. Mr. market. OTC they call them, over-the- gives $6,000 a year. They used it all up Speaker, I yield 6 minutes to the dis- counter. in 1 month. tinguished gentleman from Michigan All the experts tell us if we would And after they get done gouging us at (Mr. STUPAK), who has put forward leg- only regulate the trading of oil futures the gas pump, they will be gouging us islation of his own and is here to speak through the Commodity Future Trade this winter as we heat our homes. and address this issue as he so often Commission, we could cut the price of Therefore, let’s use common sense. does and articulates it with such con- a barrel of oil by $20. That would be Let’s give something back to the science and with such articulation. one-third off at the pump. That would American people who are being gouged Mr. STUPAK. Mr. Speaker, I rise in be like 90 cents off a gallon of gas if we at the pump, at the thermostat and strong support of the Larson motion to could just regulate it. every day by these oil and gas compa- instruct conferees on H.R. 4297. The If it is good enough for 25 percent of nies. motion to instruct conferees is to the oil traders to be regulated under Pass the Larson motion. It is the adapt the three Senate provisions af- the Commodities Future Trade Com- least we can do to try to bring some fecting large integrated oil companies mission, why can’t we do all of them? sanity back to this industry which is and would raise over $5 billion in addi- Just a fair question. totally out of control and being pro- tional revenue over 10 years. That is our legislation. Democrats tected by the Republican majority. Basically, what the Larson motion is came up with that one. Again, we can’t Mr. SAM JOHNSON of Texas. Mr. doing is saying the same thing the bring it to the floor. Look, price Speaker, can I ask the gentleman, how President has said, once oil gets over gouging, that is what we have been get- many more speakers do you have? $40 a barrel. Right now it is at $73 a ting right here. And here today we Mr. LARSON of Connecticut. I don’t barrel; why do we have to continue to passed the so-called price gouging bill, believe we have any more speakers. I give oil companies, big gas companies the Wilson bill. I even voted for it, as believe I have the right to close. I will more tax breaks? weak a bill it was on price gouging. reserve that right, and the gentleman Look at these record profits. 2005: And it is at least a start. The Repub- can proceed. this is just ExxonMobil. It was like $36 licans acknowledge that there is Mr. SAM JOHNSON of Texas. Mr. billion, the most ever by a U.S. com- gouging going on, so at least they Speaker, I yield myself such time as I pany. The whole industry in the last brought a bill today; that was a start. may consume. year was over $110 billion. But yet the But we want to improve it. You can talk about price gouging all policy of this country is, give them Why do we have to improve the Wil- day, but it costs money to get oil out more tax breaks. son price gouging bill that was passed of the ground and get it delivered, and We have Mr. HIGGINS from New York by the House today? Just take a look we have an excellent delivery system. who has the bill to say, take away the at it. If you are going to start getting And that oil doesn’t come from just tax breaks. Take away those subsidies. at the cost of energy, you have to start this country, because some of my If you are making this kind of money, from the ground all the way to the gas friends over there have blocked us from why do you have to gouge us again? It pump. We know that, during Sep- drilling for oil or gas in the major is bad enough you gouge us at the tember 2004 to September 2005, the cost parts of our country. pump. Now you are going to gouge us of refining a gallon of gasoline went up I think that another provision that on April 15 and every day we pay taxes, 255 percent. That is price gouging. Of our Democrat friends propose in their and you are not paying any, with those course, the Wilson legislation doesn’t effort to repeal the law of supply and record profits. take that into consideration. demand by reducing foreign tax cred- Or take Mr. MARKEY’s legislation. The Wilson legislation, the so-called its, they are proposing to increase the You know, when they drill for oil and price gouging legislation, doesn’t con- capital cost of American oil companies gas on Federal lands, you are supposed sider natural gas, doesn’t consider pro- when drilling in other countries. And to pay a royalty. But they get sus- pane. they think this will somehow reduce pended. They can’t even pay a reason- See what happens here with the Re- the cost of oil. able royalty to the American people for publican Party and the special inter- Well, if you are scratching your head drilling on the lands you properly own. ests; only special interests are given and wondering how increasing capital Why can’t we have the Markey bill be- freeness. We don’t tax oil companies. costs will then somehow be able to re- fore this House? Why can’t we have the We don’t tax gas companies. We don’t duce the cost of a final product, join Higgins bill before this House? Because include all types of energy in price me in voting against this motion. This we will cut into these record profits, gouging, even if it does go up 255 per- motion simply doesn’t make sense. that is why. Because the American peo- cent in 1 year. That is not price The Democrat proposal to take away ple are with the Democrats on the gouging. Let’s give them a break. foreign tax credits when American oil issue in support of the Larson motion Look, people are tired of being companies are drilling in far off places to take away these tax subsidies for gouged at the pump or when they heat like Africa, South America or Central the richest companies in the world. their homes. I have been for 8 months Europe, the last time I looked, that is Or how about the bill that we have trying to bring up a reasonable piece of where a lot of oil is. Yet the part of the been talking about for the last couple legislation on price gouging. It takes in Democrat motion on the foreign tax of weeks now, which is the PUMP Act all forms of energy from the ground to credit does increase the cost of drilling that we have introduced, which is, pre- the pump. in those countries. vent unfair manipulating of prices. We had the PUMP legislation, which Perhaps our Democrat friends would Look, these old futures, as these prices will actually cut $20 off a barrel of oil. rather have China National Offshore

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.151 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2071 Oil Company or Venezuelan companies companies that receive tax cuts on top sumers a $100 rebate check, paid for by a tax winning these drilling contracts rather of record-breaking profits, while we cut change on oil company inventory accounting. than American companies. I can assure assistance to the poor. For most people, that would come out to you that the president of China Na- People that have to make a decision about two or three tanks of gas. Consumers tional Offshore Oil Company and Hugo between the food that they eat, heating want us to fix the problem, not buy them off Chavez in Venezuela really don’t care and cooling their homes, and the pre- with a $100 check. But what’s interesting here about the cost of a gallon of gasoline in scription drugs that their doctors tell is how the proponents of the rebate plan suburban America. them to take want relief from their quickly shelved their proposal just a few days To handicap American oil companies government. We have already made later after oil companies waged an intense when drilling offshore would be to dis- them refugees from their own health lobbying effort to block the closure of the in- advantage American oil companies in care system by sending them to Canada ventory accounting loophole. This speaks vol- these global drilling contracts and will to get the kind of prices on their pre- umes about who the Republican leaders of ultimately harm Americans at the scription drugs that they can afford, Congress listen to. pump. and now we are squeezing the middle The motion before the House would roll Again, Mr. Speaker, our friends on class throughout the Northeast and back $5.4 billion over 10 years in tax sub- the other side of the aisle are aiming to senior citizens who have nowhere else sidies and loopholes for the oil industry. That repeal the law of supply and demand. to turn. comes out to about $135 million a quarter, Just like they can’t repeal the laws of This is a modest, modest proposal which comes out to be about 1.6 percent of physics and have pigs fly, they can’t that Mr. MCDERMOTT submitted last Exxon’s first-quarter earnings in 2006. repeal the law of supply and demand in week and I submit this week, that the So there is a clear choice before the House the oil market. We should defeat this Republican-controlled Senate has al- today. We can stand with consumers who are motion to instruct conferees. ready passed. struggling with these sky-high gas prices, or Mr. Speaker, I yield back the balance We implore you to embrace this we can stand with the oil companies that are of my time. straightforward rollback in a time posting some of the highest profits in the his- Mr. LARSON of Connecticut. Mr. when oil companies and their execu- tory of the world. Speaker, I yield myself such time as I tives have made unprecedented profits The SPEAKER pro tempore. Without may consume. so that we can provide basic relief to objection, the previous question is or- And to my distinguished colleague American citizens. I implore my col- dered on the motion to instruct. from Texas, apparently, pigs have leagues to vote for this motion. There was no objection. taken flight in the United States Sen- Mr. LEVIN. Mr. Speaker, I rise in strong The SPEAKER pro tempore. The ate because the Republican-controlled support of the motion by Representative question is on the motion to instruct Senate has sponsored this very LARSON that calls for rolling back $5.4 billion in offered by the gentleman from Con- straightforward legislation that calls unjustified tax subsidies and loopholes for the necticut (Mr. LARSON). for these rollbacks. oil industry. The Senate has voted to close The question was taken; and the And no one less than the President of these loopholes, and the House should do the Speaker pro tempore announced that the United States, and I will reiterate same. We are here to represent the interests the noes appeared to have it. again, said ‘‘record oil prices and large of American consumers, not the interests of Mr. LARSON of Connecticut. Mr. cash flows also mean that Congress has the oil companies. Speaker, on that I demand the yeas got to understand that these energy The average U.S. price for self-serve reg- and nays. companies don’t need unnecessary tax ular gas is $2.91 a gallon, or nearly 70 cents The yeas and nays were ordered. breaks.’’ higher than it was at this time last year. This The SPEAKER pro tempore. Pursu- is the average cost. In many areas, the price b 1930 ant to clause 8 of rule XX, further pro- of a gallon of gas is much higher. Some of ceedings on this question will be post- ‘‘I am looking forward to Congress to this is due to higher oil prices and strong de- poned. take about $2 billion of these tax mand for petroleum, but some of the price breaks out of the budget over the next hikes we are seeing simply cannot be ex- f 10-year period. Cash flows are up. Tax- plained away by supply and demand. MOTION TO INSTRUCT CONFEREES payers do not need to be paying for cer- At the same time that consumers are facing ON H.R. 2830, PENSION PROTEC- tain of these expenses on behalf of en- pain at the pump, the oil companies are raking TION ACT OF 2005 ergy companies,’’ the President of the in record profits. Last week, the world’s largest Mr. GEORGE MILLER of California. United States. oil company, Exxon Mobil Corp., announced Mr. Speaker, I offer a motion to in- But, you know, the real test here, I first-quarter profits of $8.4 billion, up 7 percent struct. like to call it the Augie & Ray’s test. from a year ago. This gave Exxon the fifth- The SPEAKER pro tempore. The Augie & Ray’s is a little diner in my highest quarterly profits ever recorded by a Clerk will report the motion. hometown of East Hartford. I go there publicly-traded company. Marathon Oil’s prof- The Clerk read as follows: frequently, and I have an opportunity its more than doubled in the first quarter to Mr. George Miller of California moves that to meet with people that are baffled by $784 million. ConocoPhillips, the Nation’s what is going on here in the United the managers on the part of the House at the third-largest oil and gas producer, reported conference on the disagreeing votes of the States Congress but surely astounded last week that its first quarter profit rose 13 two Houses on the Senate amendment to the by the greed that exists in corporate percent. All told, the country’s three largest bill H.R. 2830 be instructed to recede to the America, especially as it relates to en- U.S. petroleum companies posted combined provisions contained in the Senate amend- ergy prices. first-quarter income of almost $16 billion, an ment regarding restrictions on funding of These are people, regular people, in increase of 17 percent from the year before. nonqualified deferred compensation plans, the Northeast who have seen their Further, Exxon Mobil recently was able to except that— moneys cut for low energy assistance give its former CEO one of the most generous (1) to the maximum extent possible within to heat their homes. These are people the scope of the conference, the managers on retirement packages in history: nearly $400 the part of the House shall insist that the re- that are paying huge prices at the gas million, including pension, stock options and strictions under the bill as reported from pump that is chewing up all of the prof- other perks. The people I represent simply do conference regarding executive compensa- its that a small businessman makes, not understand how the energy companies tion, including under nonqualified plans, be and they are wondering aloud what the can keep posting sky-high profits, award $400 the same as restrictions under the bill re- United States Congress is going to do million golden parachutes to their executives, garding benefits for workers and retirees about it. So the President of the and keep raising the price of gasoline. under qualified pension plans, United States, a Republican, and the The very least Congress can do is to close (2) the managers on the part of the House Republican-controlled Senate call for shall insist that the definition of ‘‘covered some of the unjustified loopholes in the tax employee’’ for purposes of such provisions this rollback that is modest at best; code that unfairly benefit big oil companies. contained in the Senate amendment include and yet our colleagues on the other Americans are watching what we are doing the chief executive officer of the plan spon- side of the aisle persist in saying, oh, here. I am sure they noticed a plan floated by sor, any other employee of the plan sponsor no, this is much-needed relief for oil Senate Republicans last Friday to give con- who is a ‘‘covered employee’’ within the

VerDate Aug 31 2005 04:33 May 04, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.153 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2072 CONGRESSIONAL RECORD — HOUSE May 3, 2006 meaning of such term specified in the provi- other for the captains, one for the em- pension plans. They take them off the sions contained in the Senate amendment ployees and those who are in the pent- books. They take them off the records (applied by disregarding the chief executive houses, one for the employees and so that, no matter what happens, when officer), and any other individual who is, those who are in the corporate offices. they go into bankruptcy, they are pro- with respect to the plan sponsor, an officer or employee within the meaning of section Two sets of rules, both working, both tected. 16(b) of the Securities Exchange Act of 1934, spending a career perhaps trying to So here is what happens: we are pay- and make a company successful but treated ing over $3 a gallon for gasoline. That (3) in lieu of the effective date specified in differently when it comes to retire- has made Mr. Raymond at Exxon a lot such provisions contained in the Senate ment. of money. Mr. Raymond has been earn- amendment, the managers on the part of the Under the House pension bill, hard- ing an average of about $144,000 a day. House shall insist on the effective date speci- working employees and retirees are He has a golden parachute worth $400 fied in the provisions of the bill as passed the punished when executives do not appro- million; and the House bill says to Mr. House relating to treatment of nonqualified Raymond, you go ahead and take your deferred compensation plans when the em- priately fund their pension plans, when ployer’s defined benefit plan is in at-risk sta- the executives manipulate the pension lump sum. It says to Ken Lay, you go tus. plans to improve the bottom line, when ahead and take your lump sum. It says to the CEO of United Airlines, you go Mr. GEORGE MILLER of California the executives manipulate the pension ahead and take your lump sum even (during the reading). Mr. Speaker, I plans so that they can get stock op- though you are putting your pension ask unanimous consent that the mo- tions so the company appears that it is plan into bankruptcy. You can do that. tion to instruct be considered as read doing better than it is, when they ma- nipulate the pension plan so that they You can protect yourself. and printed in the RECORD. Well, the President of the United The SPEAKER pro tempore. Is there can terminate that pension plan. These States, he has not gotten a lot right, objection to the request of the gen- employees then are denied the payouts. but he got this right. He said if it is tleman from California? They are denied the benefit increases. good for the crew, it is good for the There was no objection. They are denied the COLAs. That sim- The SPEAKER pro tempore. Pursu- ply is not fair, and it is wrong, and this captain. And that is what this motion ant to clause 7 of rule XXII, the gen- motion to instruct tells the conferees to instruct says. It says that we have got to stop manipulating these pension tleman from California (Mr. GEORGE to stop it, to stop this privilege, to stop plans for the benefit of the employers, MILLER) and the gentleman from Cali- this discrimination against hard- for the benefit of the corporate offi- fornia (Mr. MCKEON) each will control working employees with their pen- cers, for the benefit of those individ- 30 minutes. sions. The Chair recognizes the gentleman Executives are exempt from these re- uals, as opposed to the working people, the people who are building these com- from California (Mr. GEORGE MILLER). strictions under the pension plan if Mr. GEORGE MILLER of California. their plans are underfunded between 60 panies every day around the world. In the oil industry, people are work- Mr. Speaker, I yield myself 7 minutes. and 80 percent. They can take a lump ing in hostile environments, in hostile Mr. Speaker and Members of the sum pension plan. They can take it and situations all over the world. But when House, my motion to instruct conferees leave the company. They get their ben- it comes time for their pension, they on the pension conference that is now efit increases. They get their COLAs. are treated as if it did not matter, as if going on between the House and Senate And they frequently have taken the they had nothing to do with the build- is very simple. It says that any pension money and run. ing of the wealth of a great company restrictions we impose on the Nation’s The House pension bill says that re- like Exxon or a great company like hardest-working employees and retir- tiring ExxonMobil CEO Lee Raymond United. No. They go to court and they ees must also be applied to the Na- can take his $98 million pension in a sever the social contract. They dispose tion’s CEOs and corporate executives. lump sum and run. It says that Lee of these people. It says no more preferential treatment, Raymond can take his golden para- People lost billions of dollars in the legal loopholes, manipulation, or spe- chute, his stock options, his cushy re- United case. Those employees were in cial exemptions for executives with the tirement package worth $400 million bankruptcy. They lost their pensions. pensions of the various companies of and run. He gets his lump sum. He gets But when Mr. Tilton, the CEO, woke up this country. his COLA. He gets his benefit in- that morning, he was $15 million richer Today, the Enron criminal trials are creases. He gets his stock options, his than when he went to bed that night. reminding us of how Ken Lay and his pension increases, and his golden para- That is just what he got for taking the merry gang ran Enron into the ground chute. He gets all of that on top of the company into bankruptcy. That does through a vast criminal conspiracy of $686 million he earned from 1993 to 2005. not talk about his pension plans and greed and arrogance, all at the expense But what happens to the employees? the rest of the protections that he got. of consumers, the investors, and tens of If that pension plan is not funded above The time has come, and I think thousands of employees who lost bil- 80 percent, those employees do not get America now sees it, that we have al- lions of irreplaceable life savings. a lump sum payment. They are stuck lowed the pensions of American cor- Ken Lay and his cronies plundered in that plan. They cannot exercise that porations to be manipulated to provide the company by putting themselves choice. these kinds of benefits. Pension plans above the law, beyond the rules, and So here is old Mr. Raymond, Mr. have been used for every other purpose shamelessly exploited legal loopholes Raymond of ExxonMobil. He gets to except providing a secure retirement to that allowed them to walk away with take $98 million out. Two of the pen- middle-income Americans who spend 25 tens of millions in golden parachutes sion plans are funded at about 60 per- to 30 years helping to build successful and perks, while their employees were cent. Mr. Raymond gets to take his enterprises in this country. When it kept in the dark about the sinking ship money and go on his merry way. comes for their retirement, they are of Enron. In fact, they were even ad- The employees, the roughnecks, the second-class citizens. vised by Mr. Lay to continue buying people in the oil fields, in the refin- Vote for this motion to instruct and the stock while he and his family were eries, in the offices, in the research stop that kind of treatment of Amer- selling the stock privately without centers, they are stuck. They are ica’s workers. telling the public or the employees. stuck. They cannot take a lump sum Mr. MCKEON. Mr. Speaker, I yield During the pension debate, President payment. myself such time as I may consume. Bush took notice of the preferential But it does not just apply to Exxon. Mr. Speaker, in the late 1990s, Con- treatment for corporate CEOs and ex- This is just the most egregious case gress started down the road of pro- ecutives in pension law, and he said, where they made a decision that he viding workers more investment advice ‘‘If the rules are okay for the sailor, would walk away with $400 million in to help them safeguard their retire- they ought to be okay for the captain.’’ benefits, a $100 million lump sum pay- ment security. And who led the way? Well, the House pension bill ignores ment, and the employees get none of The House Republicans. that admonishment. It sets up two sets that. But that is essentially what Ken Four years ago, after Enron and of rules, one for the sailors and the Lay did, too. Ken Lay insured their other corporate meltdowns, Congress

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.086 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2073 started down the road of giving work- the hands of our conferees would cir- What a lot of people don’t know about ers and retirees more freedom to diver- cumvent that process and would hurt, it is that in 2005, ExxonMobil’s pension sify in their retirement plans while not help, in our negotiations with the plan was only 72 percent funded. For prohibiting senior corporate executives Senate. every $100 they needed for pensions, from selling company stock during Our colleagues may be interested to they only had $72. They did, however, blackout periods when workers are un- know that the executive compensation find the money to pay a $98 million able to change investments in their language included in the bipartisan pension payment to their departing own plans. And who led the way? The Pension Protection Act is actually CEO. House Republicans. broader in terms of the number of ex- Now, this just doesn’t seem right. A Several years ago, Congress started ecutives it could impact than the lan- pension plan that is badly underfunded down the road of reforming the defined guage included in this politically moti- should not be making a huge payout of benefit pension system to benefit work- vated motion to instruct. That is right. that description. So the majority set ers, retirees, and taxpayers alike. Who The Pension Protection Act applies ex- out to do something about it, and they led the way? The House Republicans. ecutive compensation limitations to a did. Here is what the majority did. And just last year, as Congress fi- wider scope of executives who may cur- They said that if a plan is less than 80 nally moved on defined benefit reform rently have access to these golden percent funded, then the workers for the first time in over 20 years, parachutes, executives who are directly might have to give something up. They those efforts included proposals to ad- responsible for the well-being of both might have to give up their cost-of-liv- dress concerns over excessive executive the company and the plan, while the ing adjustment, they might have to compensation packages, even though Democrat motion would place restric- give up the right to a lump sum pay- many argue that this issue is more ap- tions on only a chosen few in each com- ment when they retire. Just sort of propriately addressed within the con- pany. So if we are truly looking for spread the pain around. But the House text of corporate governance, not pen- good policy and not just politics, this provision also says that as long as the sion reform. And once again who led motion to instruct represents a signifi- plan is at least 60 percent funded, you the way? House Republicans. cant step backward. can do what was done for the CEO of Today, as we debate this politically Here is what the Pension Protection ExxonMobil and pay him the Moon and motivated motion to instruct and as Act will do: it establishes strong, new the sky. Think about that for a minute. It was our friends on the other side of the protections that restrict the funding of almost as if this proposal was written aisle try to tie the issue to gas prices executive compensation arrangements, with this gentleman in mind, because or certain companies, they are leaving either directly or indirectly, if an em- the Exxon plan was 72 percent funded out an important fact. During each of ployer has a severely underfunded plan in 2005. That means that it was low the pension reform efforts I just de- funded at 60 percent or less. Moreover, the bill requires plans that enough that you could go to the rank- scribed, including those addressing ex- become subject to these limitations to and-file and restrict and reduce their ecutive compensation, our colleagues notify affected workers and retirees. In pension benefits but high enough that on the other side of the aisle were late addition to letting workers know about you could still make the $98 million to the party, or entirely absent. Only the limits, this notice must alert work- jackpot payment to the departing CEO. now, in the heat of a political season, ers when funding levels deteriorate and This is indefensible. are they finally engaging on this issue. benefits already earned are in jeopardy. The Senate did something very dif- Unfortunately, this transparent exer- So beyond simply tightening the grip ferent. The Senate said that what is cise in partisan politics will do nothing on excessive executive compensation, good for the captain is good for the to enhance workers’ retirement secu- the Pension Protection Act will require crew and vice versa. They listened to rity. that workers are provided more infor- the President’s admonition, and they b 1945 mation than ever before about the sta- have a provision that has a more pre- Last year, when the Education and tus of their hard-earned pensions. cise and fair measure of equality. It Workforce Committee crafted the Pen- Mr. Speaker, simply put, when the says that if you are in a position where employee benefits have to be in some sion Protection Act, we took aim at risk of losing pension benefits is immi- way restrained, and, by the way, those the unfair practice of awarding exces- nent for rank-and-file workers, the restraints are much less severe than sive executive compensation packages Pension Protection Act requires execu- those in the House bill, then so must when worker and retiree pension bene- tives to also experience the same risk; contains strong, new protections for there be restrictions on the executive. fits remained at risk. Our goal: to hold What would have happened if the pro- companies and their pension plan man- workers, retirees and taxpayers; and it includes limitations on anti-worker ex- vision that Mr. MILLER supports and agers accountable to the workers and this House ought to support applied to retirees who rely on the well-being of ecutive compensation arrangements. I urge my colleagues to vote ‘‘no’’ on ExxonMobil? Here is what would have both. the motion to instruct and reject this happened: they would have said to the Our bottom line was this: workers attempt to obscure progress on the departing CEO: We are sorry. Because and retirees who are questioning the pension reform. we haven’t taken our record high profit health of their pension plans deserve to Mr. Speaker, I reserve the balance of and made our pension fund fully fund- know that their companies’ executives my time. ed, you can’t get your $98 million. So don’t have the option of using a golden Mr. GEORGE MILLER of California. until the people who worked in the re- parachute to escape financial hardship Mr. Speaker, I yield 4 minutes to the fineries and drove the trucks and put on their own. That is a philosophy that gentleman from New Jersey (Mr. AN- out the payroll and did all the things garnered the support of 70 of our Demo- DREWS). the rank-and-file does, until their pen- crat colleagues last year when the Pen- (Mr. ANDREWS asked and was given sions are taken care of, yours can’t be sion Protection Act passed here on the permission to revise and extend his re- either. House floor. marks.) This is supposed to be a Congress We may hear from some of those Mr. ANDREWS. Mr. Speaker, I thank that follows the principles of family Members today, and they may claim my friend from California for yielding, values. In my family, pain is equally they supported the bill to move the and I rise in support of his amendment. shared. As a matter of fact, it is not process forward, in spite of some res- I am one of the Members of the mi- equally shared. Those who are strong- ervations. But the need to move the nority party that wanted to vote to est and most able bear more pain than process forward is precisely the reason move this bill forward, and I said when those who are weakest and least able. why we must vote down this politically I did there were things we needed to This is a distorted version of those val- motivated motion to instruct. The fix. Well, this is one of them, and vot- ues. process is moving forward. We are in ing for Mr. MILLER’s amendment is a So Mr. MILLER is asking for simple conference with the Senate on this bill, great way to tell the conferees to fix it. equality. He is reflecting a provision and executive compensation is one of ExxonMobil made the highest profit that nearly a unanimous Senate sup- the issues still to be addressed. To tie in the history of corporate America. ported. So should we. Vote ‘‘yes’’ for

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.157 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2074 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Mr. MILLER’s proposal, and bring back ference to others. Pensions are not just ness, it is about the very thing that some sanity and justice to this system. investments to a worker. To a worker, this, the people’s House, ought to be Mr. MCKEON. Mr. Speaker, I reserve a pension is a vital piece of retirement about. I think the people are going to the balance of my time. security. be looking at this vote, and, just as Mr. Mr. GEORGE MILLER of California. Pension plans do not belong to the KUCINICH said, they are going to be Mr. Speaker, I yield 31⁄2 minutes to the companies; they belong to the workers. wondering, whose side are we on? We gentleman from Ohio (Mr. KUCINICH). They are the workers’ money. They are ought to be on the side of fairness, on (Mr. KUCINICH asked and was given the workers’ futures. They are the the side of equity and on the side of the permission to revise and extend his re- property of the workers. We have a workers in this matter in treating ev- marks.) duty to ensure that workers’ pensions erybody fairly and equitably. Mr. KUCINICH. Mr. Speaker, I rise in are not subject to unfair restrictions Mr. MCKEON. Mr. Speaker, I con- strong support of this motion to in- while those controlling the plans re- tinue to reserve. struct, and I commend my colleague, ceive bonuses. Mr. GEORGE MILLER of California. Congressman MILLER, for filing this Millions of American families are Mr. Speaker, I yield 3 minutes to the motion and bringing the pressing issue watching this debate, and they are gentlewoman from Illinois (Ms. BEAN). of worker and executive parity to the wondering, whose side are we on? Ms. BEAN. Mr. Speaker, I thank the floor for debate. Mr. MCKEON. Mr. Speaker, I con- gentleman for yielding. Under the pension reform bill passed tinue to reserve my time. Mr. Speaker, I rise in support of Mr. by the House, a pension plan that is Mr. GEORGE MILLER of California. MILLER’s motion to instruct. I sup- less than 80 percent funded would not I yield 3 minutes to the gentleman ported H.R. 2830 when it was passed by be allowed to increase benefits or es- from Massachusetts (Mr. TIERNEY). the House in December, and I fully ex- tablish new benefits for its workers, re- Mr. TIERNEY. Mr. Speaker, I thank pected that an improved version would gardless of the reason for the under- the gentleman from California for return from conference. One improve- funding. But as has been pointed out by yielding. ment we can make today addresses the Mr. MILLER and Mr. ANDREWS, while Mr. Speaker, I am not sure it will concerns our constituents have about worker pensions are held stagnant, ex- take me 3 minutes to talk about a very the inequitable treatment of retire- ecutive pensions remain unrestricted basic value that I think we can all ment compensation for employees and until the plan is less than 60 percent agree on, and that is fairness. executives. funded. This is patently unfair to The majority’s pension bill is unfair, b 2000 workers. frankly, to, workers. When a pension The American people can understand plan is underfunded, workers get penal- Sadly, over the last few years, hun- that when workers are being treated in ized, but the corporate chief executive dreds of thousands of hardworking a way that diverges from the people officers and the executives, the people Americans have had their company who run the companies and when the that are actually at fault for the pensions severely cut, in some cases game is fixed to make sure that the underfunding, they get a walk on this after 30 or 40 years of loyal service. CEOs receive incredible pensions, well, situation. They get a free ride. That is Their companies have justified these the workers are cheated. People can unfair. It is unfair that the companies pension cuts with the argument that understand that. treat their executives so well when cuts are necessary to remain competi- Pension plans are administered and rank-and-file members are suffering. tive. But, at the same time, these same funded by companies, not workers. Yet, There is no way that Federal policy companies are providing lavish bonuses under H.R. 2830, the workers are pun- ought to sense that kind of activity or and compensation to their executives. ished for faulty management of plans. inequitable treatment. Our pension Well, I believe it is important for This restriction undermines workers’ laws have to treat workers fairly. companies to offer competitive com- retirement security, and it is contrary Under the House bill, when funding pensation packages to recruit the best to the purpose of ERISA. levels fall on a tax-qualified pension executives. I do not believe executives The past decade is littered with ex- below 80 percent, then workers can’t should be rewarded because of or in amples of increasing executive pay and get the benefit increases, can’t get a spite of the cuts that they have made pensions while workers’ pensions were cost-of-living adjustment, can’t get a to the pensions of their employees and underfunded or even terminated. In lump sum pension payment. But under retirees. Instead, executives should be 2002, for example, U.S. Airways CEO the House bill, executives can continue held accountable for the mismanage- Stephen Wolf received a lump sum pen- to lavish themselves with benefits ment and underfunding of their pen- sion of $15 million. Six months fol- under the non-qualified plans with no sions. lowing that executive payout, U.S. Air- restrictions. When companies underfund or dump ways filed for chapter 11 bankruptcy. Executives don’t feel the pinch until employees’ pensions while handing out One eventual outcome of that bank- funding levels drop below 60 percent. golden parachutes to their top execu- ruptcy was the termination of the pi- At that point, executives are prohib- tives, they are not demonstrating the lots’ pension plan. The CEO, $15 mil- ited from transferring corporate assets kind of corporate citizenship American lion; the workers, their pension plan is to executive compensation. workers and taxpayers expect. terminated. The Senate bill provides for more eq- Mr. Speaker, that is why I urge you Stories with a similar theme can be uitable treatment of executives and to join me in supporting the Miller mo- shared about United Airlines and workers. Under that bill, workers do tion to instruct. The Miller motion will Delta: executive receives a protected not lose their cost of living adjust- promote parity between the compensa- pension benefit or extra stock options ments or their lump sum payment op- tion packages executives receive with while workers are left with terminated tions at 80 percent. CEO pensions are the pensions employees have earned. pension plans and a cut in benefits. restricted if pension plans fall to less By doing so, perhaps executives will fi- As has been said before, than 80 percent of funding and the com- nally be given the incentive needed to ExxonMobil’s outgoing CEO, the same pany is a credit risk. fully fund and protect the pensions of ExxonMobil that is gouging people at Congress is the people’s House. It their employees. It is about time for the pump, their CEO is going to get $98 ought to be about ensuring fairness, in pension parity and fairness. million in a lump sum pension pay- the pension process as well as in other Mr. MCKEON. Mr. Speaker, I con- ment while the company’s overall fund- areas. It ought to be about leveling the tinue to reserve the balance of my ing for workers and retirees remains playing field and making sure that time. only 72 percent funded. It is time for workers and executives are subject to Mr. GEORGE MILLER of California. these disparities to end. the same pension rules. Mr. Speaker, I yield 2 minutes to the Although this motion to instruct is Mr. MILLER’s motion directs the pen- gentlemen from Oregon (Mr. DEFAZIO). not going to be able to restore the pen- sion conferees to apply the same ben- Mr. DEFAZIO. Mr. Speaker, Lee Ray- sions of those workers already harmed efit restrictions to workers and CEOs. mond, $400 million. He was not at by executive abuse, it will make a dif- This motion to instruct is about fair- ExxonMobil all that long. So it figures

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.158 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2075 out to $135,000 a day in his pension pay- seriously. It identifies them. It is im- of manipulation against hardworking off. portant to them. They show up. They people. Now, remember, he can get a huge do their job. At some point, this House has to ask lump sum because he is an executive. Yet the system is structured against itself, is that fair? Is that just? Is that But a worker cannot, because there is them, and this pension system is com- moral? And the answer is, it is not. different standards that apply. For the pletely structured against them. Be- When you see the turmoil, when you go execs, if they have funded 60 percent of cause whether it is Enron or whether it home and talk to your constituents their liability for their pension plan, is Exxon or whether it is IBM, what we and they talk about the foreclosure of big bonuses, $400 million. For a line see is the constant manipulation of the their plans and their dreams for their worker, nah, sorry, you are not at 80 pension plans of these workers to ben- retirement, when they talk about the percent. You cannot get it. That is the efit the CEOs. burden now of trying to take care of a way it is at ExxonMobil. This amendment says a very simple sick spouse because their retirement Let me give another example, what thing. It says, you have to treat these has been reduced, their retirement has happens when the companies do go workers the same. You do not get to been eliminated, they have been given belly up. United Airlines. Talking to a put one worker in a trick box because some measly payout, then you start to flight attendant. She did not meet the you do not fund the pension at 80 per- understand how unfair this pension cut. She was not age 50, although she cent, so, therefore, they cannot have system is in this country and how had worked at the airline 28 years. So the choice of a COLA or lump sum or badly it has been manipulated. she did not meet the cut for the people an annuity plan. It is not me that is saying that. A to get a more generous accommoda- But the CEO, if it is not funded, if it few months ago, the Wall Street Jour- tion. She is now 49 years old. If she is only funded at 60 percent, they can nal ran almost a full page article on works until age 65, at which point she run the gamut. They can take what- the many, many, many ways that pen- will have 45 years in with the airline, ever choice they want. They can take sion plans are manipulated to benefit 45 years, she will get $12,000 a year, their money now and leave. If they the shareholders, to benefit the stock $1,000 a month. But those execs who think the company is not going to do options, to benefit the compensation guided United into bankruptcy and well, take a lump sum, secure yourself, plans, to benefit the retirement plans then guided United back out of bank- go buy an annuity. of CEOs. So all of those benefits, to the ruptcy by shedding things like pension But the average worker does not get detriment of the workers. They are tricked up every year on as- obligations get very huge bonuses. Is to do that, and that is why millions of sumptions of income, assumptions of that not a great world? American families now are feeling so Now, I just kind of figured it out. For terribly threatened about their retire- interest rates, assumptions of payouts, assumptions of longevity. All of those her, you know, she will have worked ment future, because they do not know things are used to manipulate the pen- about 17,000 days. And so if she lives 20 whether or not this pension will con- sion plans; and, generally, the result is years, at $12,000 a year, she is going to tinue to be manipulated. that the worker is left holding the bag. get somewhere around a buck and a And the fact of the matter is, the It is one of the reasons we have so half a day pension. House bill, as it was reported, con- many plans that are underfunded. Now this guy gets $135,000 a day for tinues to let people manipulate the Exxon has all of this profit. Think if pensions of hardworking Americans for the time he put in. Is that fair? I do not they funded their plan from 72 percent the benefit of the executives and the think the American people think that to 80 percent. These employees would CEOs; and that is why we are saying we is fair. It is not right. It has got to have a choice. But if they do not do want a fairer bill like what was passed stop. And if you cannot vote for this, that, they do not have to worry about shame on you. in the Senate that treats people simi- these employees having a choice. Mr. MCKEON. Mr. Speaker, I yield larly. That is what is being addressed in myself such time as I may consume. What is the incentive for the com- the conference committee. It is about Mr. Speaker, the important thing is pany to fund its pension plan above 80 this fundamental fairness for hard- not all of the talk, the important thing percent so that these workers can get a working people. When you lose your is the action. As I said earlier, the Re- COLA, so that these workers can get a pension or a significant portion of your publicans have led the action in bring- lump sum payment? None. None. There pension when you are 50, 53, 55, 58 years ing this bill to the floor. We are leading is no price to be paid for being at 80 old, where do you go as a middle-class the action in getting the conference re- percent. working person in this country to re- port done. We do not want to do any- You get all of the benefits you want gather those assets so you can have the thing to hold up that process. as the CEO, as the president of the retirement that you were planning on It is important that we vote ‘‘no’’ on company, as the executive secretary, and your spouse was planning on? this motion to instruct and that we as its executive vice president. You get Where do you go to get that, to take move forward on bringing this final all of your benefits. Life is fine for you. care of your health care needs in your pension conference to the bill so that It is just the thousands of people who retirement years? To take care of your we can save workers’ pensions. are working for you that make the rising energy costs in a country with- Mr. Speaker, I yield back the balance company a success that get discrimi- out an energy policy? Where do you go of my time. nated against. to get those resources? The answer is Mr. GEORGE MILLER of California. You know, we have had a series of e- you do not go anywhere. Mr. Speaker, Members of the House, hearings where we talked to people Maybe you take a job after retire- this debate is quite fundamental. It is whose pensions were threatened at ment, some part-time job because you about fairness. I have worked in a lot United, at Delta, at Delphi, at all of lost what you were planning on, you of oil refineries. I have worked in very those companies. lost what you were paid into because of cold mornings and very cold nights, You are talking about the livelihood, this corporate manipulation. This and I have worked at the top of crack- the absolute livelihood of those people amendment, this motion to instruct is ing towers, and I have cleaned out in terms of their retirement. You are simply about the fairness with which tanks, and I have worked on the ships talking about their hopes and their as- we are going to treat working people in that moved the oil across the seas. pirations and their dreams for their re- this country. I thought every day I was working in tirement nest egg, what they were And are we going to put an end to it? those efforts I was working hard and going to do with their life after years We would like to do it under the slogan trying to have that company be a suc- of hard work. of President Bush, who talked about cess so they could pay me and I could And all that can just evaporate the equity, how people should have support my family. through the manipulation of these been treated the same at Enron. But, I am sure that is how many workers plans by CEOs and executives. And it is no, that CEO was lying to those people work, whether they work for Chevron all legal. It is all allowed under the on the bottom floor of that corporation or Exxon or IBM or anyone else. People law, and it is allowed under your bill. and then running up to corporate pent- in America take their work very, very It is allowed under your bill, that kind house and selling his stock secretly

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.161 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2076 CONGRESSIONAL RECORD — HOUSE May 3, 2006 into a trust and then telling his son to cent of the state’s refining capacity. That Capps Jackson-Lee Peterson (MN) secretly sell his stock. Capuano (TX) Pombo translates to thousands of workers whose ben- Cardin Johnson, E. B. Pomeroy They walked away with hundreds of efits will be jeopardized by this bill. We need Cardoza Jones (OH) Price (NC) millions of dollars at the time that the to force corporations to institute fairness in Carnahan Kanjorski Rahall company was imploding. But they ran their pension programs where employees are Carson Kaptur Rangel downstairs and they told the employ- Case Kennedy (RI) Reyes not treated like animals. Chandler Kildee ees, it is a great company; we are on Ross Mr. GEORGE MILLER of California. Clay Kilpatrick (MI) Rothman the verge of big breakthroughs; buy Mr. Speaker, I yield back the balance Cleaver Kind Roybal-Allard more stock. Jail is too good for those of my time. Clyburn Kucinich Ruppersberger Conyers Langevin Rush people. The SPEAKER pro tempore. Without Cooper Lantos Ryan (OH) And the lives that they have Costa Larsen (WA) objection, the previous question is or- Sabo wrecked, we heard testimony in this Costello Larson (CT) dered on the motion to instruct. Salazar Cramer Leach Congress from those people who ´ There was no objection. Crowley Lee Sanchez, Linda worked for that company who lost The SPEAKER pro tempore. The Cuellar Levin T. their future, who lost their life savings, Cummings Lewis (GA) Sanchez, Loretta question is on the motion to instruct Sanders who lost their retirement, who lost offered by the gentleman from Cali- Davis (AL) Lipinski Davis (CA) Lofgren, Zoe Schakowsky their plans. fornia (Mr. GEORGE MILLER). Schiff Jail is too good for Ken Lay and his Davis (FL) Lowey The question was taken; and the Davis (IL) Lynch Schwartz (PA) ilk. But we have got to stop it now Speaker pro tempore announced that Davis (TN) Maloney Scott (GA) when we have the opportunity in the DeFazio Markey Scott (VA) the noes appeared to have it. rewrite of the pension bill. That is DeGette Matheson Serrano Mr. GEORGE MILLER of California. Sherman what this motion is about. I urge peo- Delahunt Matsui Mr. Speaker, on that I demand the yeas DeLauro McCarthy Skelton ple in the name of fairness and de- and nays. Dicks McCollum (MN) Smith (WA) cency, for working people in this coun- Dingell McDermott Snyder The yeas and nays were ordered. try, to vote for the Miller motion to in- Doggett McGovern Spratt The SPEAKER pro tempore. Pursu- Doyle McIntyre struct. Stark ant to clause 8 of rule XX, further pro- Edwards McKinney Strickland Ms. WATERS. Mr. Speaker, I rise in strong ceedings on this question will be post- Emanuel McNulty Stupak support of the Motion to Instruct Conferees Engel Meehan poned. Tanner authored by my California colleague, Mr. Eshoo Meek (FL) Tauscher Etheridge Meeks (NY) Taylor (MS) GEORGE MILLER. While the underlying bill, H.R. f Farr Michaud Thompson (CA) Fattah Millender- 2830, purported to strengthen the defined ben- Thompson (MS) ANNOUNCEMENT BY THE SPEAKER Filner McDonald efit system, the numerous technical changes Tierney Ford Miller (NC) PRO TEMPORE Towns that were proposed for the funding rules that Frank (MA) Miller, George Udall (CO) apply to defined benefit plans will change how The SPEAKER pro tempore. Pursu- Gonzalez Mollohan the liabilities under the pension plan are val- Green, Al Moore (KS) Udall (NM) ant to clause 8 of rule XX, proceedings Upton ued and the accounting for contributions will resume on questions previously Green, Gene Moore (WI) Grijalva Moran (VA) Van Hollen ´ made. First of all, let me say that I fully op- postponed. Gutierrez Murtha Velazquez posed the bill that passed on December 15, Votes will be taken in the following Harman Nadler Visclosky 2005 by a vote of 294 to 132 because it would Hastings (FL) Napolitano Wasserman order: Schultz cause millions of Americans to receive reduc- Herseth Neal (MA) Motion to instruct on H.R. 4297, by Higgins Oberstar Waters tions in their pension plan. Furthermore, its the yeas and nays; Hinchey Obey Watson provisions would facilitate the freezing or com- Motion to instruct on H.R. 2830, by Holden Olver Watt plete termination of pension plans by cor- the yeas and nays; Holt Ortiz Waxman Honda Owens Weiner porate boards. Ordering the previous question on H. Hooley Pallone Wexler Under the so-called Pension Protection Act, Res. 789, by the yeas and nays; Hoyer Pascrell Wilson (NM) if an employer funds a tax-qualified pension Agreeing to H. Res. 789, if ordered. Inslee Pastor Woolsey plan under 80 percent, then the covered work- Israel Payne Wu The first electronic vote will be con- Jackson (IL) Pelosi Wynn ers cannot receive benefit increases, COLAs, ducted as a 15-minute vote. Remaining or lump sum pension payments. Executives electronic votes will be conducted as 5- NAYS—224 can continue to provide themselves lavish minute votes. Aderholt Chocola Gibbons benefits under non-qualified plans without any Akin Coble Gilchrest restrictions. Only if funding drops below 60 f Alexander Cole (OK) Gillmor Bachus Conaway Gohmert percent, are executives prohibited from trans- MOTION TO INSTRUCT CONFEREES ferring corporate assets to executive com- Baker Crenshaw Goode ON H.R. 4297, TAX RELIEF EX- Barrett (SC) Cubin Goodlatte pensation. TENSION ACT OF 2005 Barrow Culberson Granger This Motion by the Gentleman seeks to fix Bartlett (MD) Davis (KY) Graves a major source of these potential dangers to The SPEAKER pro tempore. The Barton (TX) Davis, Jo Ann Green (WI) our hard-working constituents. It ensures that pending business is the vote on the mo- Bass Davis, Tom Gutknecht Bean Deal (GA) Hall corporate heads do not profit at the peril of tion to instruct on H.R. 4297 offered by Beauprez DeLay Harris their workers—they will have to adhere to the the gentleman from Connecticut (Mr. Biggert Dent Hart same retirement rules as do their employees. LARSON) on which the yeas and nays Bilirakis Diaz-Balart, L. Hastings (WA) are ordered. Bishop (UT) Diaz-Balart, M. Hayes The situation surrounding Exxon Mobil’s out- Blunt Doolittle Hayworth going CEO, R. Lee Raymond whereby he was The Clerk will redesignate the mo- Boehner Drake Hefley slated to bail out of the corporation with a tion. Bonilla Dreier Hensarling ‘‘golden parachute’’ of a $98 million in lump The Clerk redesignated the motion. Bonner Duncan Herger Bono Ehlers Hobson sum pension payment is a slap in the face of The SPEAKER pro tempore. The Boozman Emerson Hostettler the notions of corporate ethics and duty to question is on the motion to instruct. Boren English (PA) Hulshof employees and shareholders. Raymond’s total The vote was taken by electronic de- Boustany Everett Hunter retirement package, including stock options vice, and there were—yeas 197, nays Bradley (NH) Feeney Hyde Brady (TX) Ferguson Inglis (SC) and severance pay—is valued at $400 million. 224, not voting 11, as follows: Brown (SC) Fitzpatrick (PA) Issa This is just one more example of out of control [Roll No. 121] Burgess Flake Istook Burton (IN) Foley Jenkins executive pay at American companies. YEAS—197 As the Motion to Instruct states, Conferees Calvert Forbes Jindal Abercrombie Berkley Boucher Camp (MI) Fortenberry Johnson (CT) should craft its report to apply the same ben- Ackerman Berman Boyd Campbell (CA) Fossella Johnson (IL) efit restrictions between workers and CEOs Allen Berry Brady (PA) Cannon Foxx Johnson, Sam and use the earlier effective date of the House Andrews Bishop (GA) Brown (OH) Cantor Franks (AZ) Jones (NC) Baca Bishop (NY) Brown, Corrine Capito Frelinghuysen Keller bill, December 31, 2005. Baird Blumenauer Brown-Waite, Carter Gallegly Kelly Mr. Speaker, in my state of California, Baldwin Boehlert Ginny Castle Garrett (NJ) Kennedy (MN) seven oil companies control more than 95 per- Becerra Boswell Butterfield Chabot Gerlach King (IA)

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.162 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2077 King (NY) Ney Sensenbrenner Bonner Hobson Pelosi Beauprez Gohmert Neugebauer Kingston Northup Sessions Bono Holden Peterson (MN) Biggert Granger Northup Kirk Norwood Shadegg Boozman Holt Pickering Bishop (UT) Graves Norwood Kline Nunes Shaw Boren Honda Pitts Blackburn Harris Nunes Knollenberg Nussle Shays Boswell Hooley Platts Blunt Hart Otter Kolbe Otter Sherwood Boucher Hostettler Poe Boehner Hastings (WA) Oxley Kuhl (NY) Oxley Shimkus Boyd Hoyer Pombo Bonilla Hayes Pearce LaHood Paul Shuster Bradley (NH) Hyde Pomeroy Boustany Hefley Pence Latham Pearce Simmons Brady (PA) Inslee Porter Brady (TX) Hensarling Peterson (PA) LaTourette Pence Simpson Brown (OH) Israel Price (NC) Brown (SC) Herger Petri Lewis (CA) Peterson (PA) Smith (NJ) Brown, Corrine Jackson (IL) Pryce (OH) Burton (IN) Hulshof Price (GA) Lewis (KY) Petri Smith (TX) Brown-Waite, Jackson-Lee Rahall Calvert Hunter Putnam Linder Pickering Sodrel Ginny (TX) Ramstad Camp (MI) Inglis (SC) Radanovich LoBiondo Pitts Souder Burgess Jindal Rangel Campbell (CA) Issa Reynolds Lucas Platts Stearns Butterfield Johnson (CT) Regula Cannon Istook Rogers (AL) Lungren, Daniel Poe Cantor Jenkins Sullivan Capito Johnson (IL) Rehberg Rogers (KY) E. Porter Sweeney Carter Johnson, Sam Capps Johnson, E. B. Reichert Rogers (MI) Mack Price (GA) Tancredo Capuano Chocola Keller Jones (NC) Renzi Ros-Lehtinen Manzullo Pryce (OH) Taylor (NC) Cardin Jones (OH) Cole (OK) King (IA) Reyes Ryan (WI) Marchant Putnam Terry Cardoza Kanjorski Conaway Kingston Rohrabacher Ryun (KS) Marshall Radanovich Thomas Carnahan Kaptur Crenshaw Kline Ross Sensenbrenner McCaul (TX) Ramstad Thornberry Carson Kelly Cubin Knollenberg Rothman Sessions McCotter Regula Tiahrt Case Kennedy (MN) Culberson Kolbe Roybal-Allard Shadegg McCrery Rehberg Tiberi Castle Kennedy (RI) Royce Davis (KY) Latham McHenry Reichert Turner Chabot Kildee Deal (GA) Lewis (CA) Sherwood Ruppersberger Shuster McHugh Renzi Walden (OR) Chandler Kilpatrick (MI) Rush DeLay Lewis (KY) McKeon Reynolds Walsh Clay Kind Diaz-Balart, L. Linder Smith (TX) Ryan (OH) Stearns McMorris Rogers (AL) Wamp Cleaver King (NY) Sabo Diaz-Balart, M. Lucas Melancon Rogers (KY) Weldon (FL) Clyburn Kirk Doolittle Mack Taylor (NC) Salazar Terry Mica Rogers (MI) Weldon (PA) Coble Kucinich ´ Drake McCaul (TX) Sanchez, Linda Thomas Miller (FL) Rohrabacher Weller Conyers Kuhl (NY) T. Dreier McCrery Miller (MI) Ros-Lehtinen Westmoreland Duncan McHenry Thornberry Cooper LaHood Sanchez, Loretta Miller, Gary Royce Whitfield Ehlers McKeon Tiahrt Costa Langevin Sanders Moran (KS) Ryan (WI) Wicker English (PA) McMorris Tiberi Costello Lantos Saxton Murphy Ryun (KS) Wilson (SC) Feeney Mica Weldon (FL) Cramer Larsen (WA) Schakowsky Musgrave Saxton Wolf Crowley Larson (CT) Flake Miller (FL) Weller Schiff Myrick Schmidt Young (AK) Cuellar LaTourette Foxx Miller, Gary Westmoreland Schmidt Neugebauer Schwarz (MI) Young (FL) Cummings Leach Franks (AZ) Murphy Wicker Schwartz (PA) Davis (AL) Lee Frelinghuysen Musgrave Wilson (SC) Schwarz (MI) NOT VOTING—11 Davis (CA) Levin Gingrey Myrick Young (AK) Scott (GA) Davis (FL) Lewis (GA) Blackburn Gordon Osborne Scott (VA) Buyer Hinojosa Davis (IL) Lipinski NOT VOTING—8 Slaughter Serrano Evans Hoekstra Davis (TN) LoBiondo Solis Shaw Buyer Hoekstra Skelton Gingrey Jefferson Davis, Jo Ann Lofgren, Zoe Shays Evans Jefferson Slaughter Davis, Tom Lowey Sherman Hinojosa Osborne b 2040 DeFazio Lungren, Daniel DeGette E. Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Messrs. DELAY, BARROW, PICK- Simmons Delahunt Lynch The SPEAKER pro tempore (during ERING, HOBSON, GUTKNECHT, PE- DeLauro Maloney Simpson Smith (NJ) the vote). Members are advised 2 min- TERSON of Pennsylvania, and Dent Manzullo Dicks Marchant Smith (WA) utes remain in this vote. MCHUGH changed their vote from Dingell Markey Snyder ‘‘yea’’ to ‘‘nay.’’ Doggett Marshall Sodrel Mr. SMITH of Washington changed Doyle Matheson Solis b 2049 Edwards Matsui Souder his vote from ‘‘nay’’ to ‘‘yea.’’ Emanuel McCarthy Spratt Mrs. CAPITO, Messrs. GILCHREST, So the motion to instruct was re- Emerson McCollum (MN) Stark FERGUSON, POE, TURNER, jected. Engel McCotter Strickland Stupak FOSSELLA, PORTER, PICKERING The result of the vote was announced Eshoo McDermott Etheridge McGovern Sullivan and Ms. PRYCE of Ohio changed their as above recorded. Everett McHugh Sweeney vote from ‘‘nay’’ to ‘‘yea.’’ A motion to reconsider was laid on Farr McIntyre Tancredo So the motion to instruct was agreed Tanner the table. Fattah McKinney to. Ferguson McNulty Tauscher f Filner Meehan Taylor (MS) The result of the vote was announced Fitzpatrick (PA) Meek (FL) Thompson (CA) as above recorded. MOTION TO INSTRUCT CONFEREES Foley Meeks (NY) Thompson (MS) A motion to reconsider was laid on ON H.R. 2830, PENSION PROTEC- Forbes Melancon Tierney Ford Michaud Towns the table. TION ACT OF 2005 Fortenberry Millender- Turner The SPEAKER pro tempore. The Fossella McDonald Udall (CO) f Frank (MA) Miller (MI) Udall (NM) pending business is the vote on the mo- Gallegly Miller (NC) Upton tion to instruct on H.R. 2830 offered by Garrett (NJ) Miller, George Van Hollen PERSONAL EXPLANATION the gentleman from California (Mr. Gerlach Mollohan Vela´ zquez Gibbons Moore (KS) Visclosky GEORGE MILLER) on which the yeas and Mr. HINOJOSA. Mr. Speaker, on rollcall No. Gilchrest Moore (WI) Walden (OR) 121 and rollcall No. 122, had I been present, nays are ordered. Gillmor Moran (KS) Walsh The Clerk will redesignate the mo- Gonzalez Moran (VA) Wamp I would have voted ‘‘yea’’ on 121 and ‘‘yea’’ tion. Goode Murtha Wasserman on 122. Goodlatte Nadler Schultz The Clerk redesignated the motion. Gordon Napolitano Waters The SPEAKER pro tempore. The Green (WI) Neal (MA) Watson f question is on the motion to instruct. Green, Al Ney Watt This will be a 5-minute vote. Green, Gene Nussle Waxman MESSAGE FROM THE SENATE Grijalva Oberstar Weiner The vote was taken by electronic de- Gutierrez Obey Weldon (PA) A message from the Senate by Ms. vice, and there were—yeas 299, nays Gutknecht Olver Wexler Curtis, one of its clerks, announced 125, not voting 8, as follows: Hall Ortiz Whitfield Harman Owens Wilson (NM) that the Senate has passed without [Roll No. 122] Hastings (FL) Pallone Wolf amendment a concurrent resolution of YEAS—299 Hayworth Pascrell Woolsey the House of the following title: Herseth Pastor Wu Abercrombie Baldwin Berman Higgins Paul Wynn H. Con. Res. 90. Concurrent resolution con- Ackerman Barrow Berry Hinchey Payne Young (FL) veying the sympathy of Congress to the fam- Aderholt Bartlett (MD) Bilirakis ilies of the young women murdered in the Allen Bass Bishop (GA) NAYS—125 Andrews Bean Bishop (NY) State of Chihuahua, Mexico, and encour- Baca Becerra Blumenauer Akin Bachus Barrett (SC) aging increased United States involvement Baird Berkley Boehlert Alexander Baker Barton (TX) in bringing an end to these crimes.

VerDate Aug 31 2005 05:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.097 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2078 CONGRESSIONAL RECORD — HOUSE May 3, 2006 WISHING THE HONORABLE RALPH Hostettler McMorris Ryan (WI) Sabo Snyder Udall (NM) Hulshof Mica Ryun (KS) Salazar Solis Van Hollen HALL A HAPPY BIRTHDAY Hunter Miller (FL) Saxton Sa´ nchez, Linda Spratt Vela´ zquez (Mr. BOEHNER asked and was given Hyde Miller (MI) Schmidt T. Stark Visclosky permission to address the House for 1 Inglis (SC) Miller, Gary Schwarz (MI) Sanchez, Loretta Strickland Wasserman Issa Moran (KS) Sensenbrenner Sanders Stupak Schultz minute.) Istook Murphy Sessions Schakowsky Tanner Waters Mr. BOEHNER. Mr. Speaker, the old- Jenkins Musgrave Shadegg Schiff Tauscher Watson est Member of this institution is cele- Jindal Myrick Shaw Schwartz (PA) Taylor (MS) Watt Johnson (CT) Neugebauer Shays Scott (GA) Taylor (NC) Waxman brating a birthday. He has been a Dem- Johnson (IL) Ney Sherwood Scott (VA) Thompson (CA) Weiner ocrat, he has been a Republican, but I Johnson, Sam Northup Shimkus Serrano Thompson (MS) Wexler think he is loved by all of our col- Jones (NC) Norwood Shuster Sherman Tierney Woolsey leagues. Keller Nunes Simmons Skelton Towns Wu Kelly Nussle Simpson Smith (WA) Udall (CO) Wynn Not many of you know the Boehner Kennedy (MN) Otter Smith (NJ) birthday song, but it is pretty simple: King (IA) Oxley Smith (TX) NOT VOTING—6 This is your birthday song. It doesn’t King (NY) Paul Sodrel Buyer Hoekstra Osborne Kingston Pearce Souder Evans Jefferson Slaughter last too long. Hey. Kirk Pence Stearns Now, my colleagues, the second verse Kline Peterson (PA) Sullivan is exactly like the first verse. Knollenberg Petri Sweeney b 2059 Mr. HALL. Let’s don’t sing it. Kolbe Pickering Tancredo So the previous question was ordered. Kuhl (NY) Pitts Terry Mr. BOEHNER. This is your birthday LaHood Platts Thomas The result of the vote was announced song. It doesn’t last too long. Hey. Latham Poe Thornberry as above recorded. Happy birthday, RALPH. LaTourette Pombo Tiahrt The SPEAKER pro tempore. The Leach Porter Tiberi question is on the resolution. f Lewis (CA) Price (GA) Turner Lewis (KY) Pryce (OH) Upton The question was taken; and the ANNOUNCEMENT BY THE SPEAKER Linder Putnam Walden (OR) Speaker pro tempore announced that LoBiondo Radanovich Walsh the ayes appeared to have it. PRO TEMPORE Lucas Ramstad Wamp The SPEAKER pro tempore. Without Lungren, Daniel Regula Weldon (FL) RECORDED VOTE E. Rehberg Weldon (PA) Mr. HASTINGS of Florida. Mr. objection, 5-minute voting will con- Mack Reichert Weller tinue. Manzullo Renzi Westmoreland Speaker, I demand a recorded vote. There was no objection. Marchant Reynolds Whitfield A recorded vote was ordered. McCaul (TX) Rogers (AL) Wicker The SPEAKER pro tempore. This f McCotter Rogers (KY) Wilson (NM) will be a 5-minute vote. McCrery Rogers (MI) Wilson (SC) PROVIDING FOR CONSIDERATION McHenry Rohrabacher Wolf The vote was taken by electronic de- OF H.R. 4954, SECURITY AND AC- McHugh Ros-Lehtinen Young (AK) vice, and there were—ayes 230, noes 196, COUNTABILITY FOR EVERY PORT McKeon Royce Young (FL) not voting 6, as follows: ACT NAYS—200 [Roll No. 124] AYES—230 The SPEAKER pro tempore. The Abercrombie Dingell Lowey pending business is the vote on order- Ackerman Doggett Lynch Aderholt Dent Issa Allen Doyle Maloney Akin Diaz-Balart, L. Istook ing the previous question on House Andrews Edwards Markey Alexander Diaz-Balart, M. Jenkins Resoltuion 789 on which the yeas and Baca Emanuel Marshall Bachus Doolittle Jindal nays are ordered. Baird Engel Matheson Baker Drake Johnson (CT) The Clerk read the title of the resolu- Baldwin Eshoo Matsui Barrett (SC) Dreier Johnson (IL) Barrow Etheridge McCarthy Bartlett (MD) Duncan Johnson, Sam tion. Bean Farr McCollum (MN) Barton (TX) Ehlers Jones (NC) The SPEAKER pro tempore. The Becerra Fattah McDermott Bass Emerson Keller question is on ordering the previous Berkley Filner McGovern Beauprez English (PA) Kelly Berman Ford McIntyre Biggert Everett Kennedy (MN) question. Berry Frank (MA) McKinney Bilirakis Feeney King (IA) This will be a 5-minute vote. Bishop (GA) Gonzalez McNulty Bishop (UT) Ferguson King (NY) The vote was taken by electronic de- Bishop (NY) Gordon Meehan Blackburn Fitzpatrick (PA) Kingston vice, and there were—yeas 226, nays Blumenauer Green, Al Meek (FL) Blunt Flake Kirk Boren Green, Gene Meeks (NY) Boehlert Foley Kline 200, not voting 6, as follows: Boswell Grijalva Melancon Boehner Forbes Knollenberg [Roll No. 123] Boucher Gutierrez Michaud Bonilla Fortenberry Kolbe Boyd Harman Millender- Bonner Fossella Kuhl (NY) YEAS—226 Brady (PA) Hastings (FL) McDonald Bono Foxx LaHood Aderholt Cannon Flake Brown (OH) Herseth Miller (NC) Boozman Franks (AZ) Latham Akin Cantor Foley Brown, Corrine Higgins Miller, George Boustany Frelinghuysen LaTourette Alexander Capito Forbes Butterfield Hinchey Mollohan Bradley (NH) Gallegly Leach Bachus Carter Fortenberry Capps Hinojosa Moore (KS) Brady (TX) Garrett (NJ) Lewis (CA) Baker Castle Fossella Capuano Holden Moore (WI) Brown (SC) Gerlach Lewis (KY) Barrett (SC) Chabot Foxx Cardin Holt Moran (VA) Brown-Waite, Gibbons Linder Bartlett (MD) Chocola Franks (AZ) Cardoza Honda Murtha Ginny Gilchrest LoBiondo Barton (TX) Coble Frelinghuysen Carnahan Hooley Nadler Burgess Gillmor Lucas Bass Cole (OK) Gallegly Carson Hoyer Napolitano Burton (IN) Gingrey Lungren, Daniel Beauprez Conaway Garrett (NJ) Case Inslee Neal (MA) Calvert Gohmert E. Biggert Crenshaw Gerlach Chandler Israel Oberstar Camp (MI) Goode Mack Bilirakis Cubin Gibbons Clay Jackson (IL) Obey Campbell (CA) Goodlatte Manzullo Bishop (UT) Culberson Gilchrest Cleaver Jackson-Lee Olver Cannon Granger Marchant Blackburn Davis (KY) Gillmor Clyburn (TX) Ortiz Cantor Graves McCaul (TX) Blunt Davis, Jo Ann Gingrey Conyers Johnson, E. B. Owens Capito Green (WI) McCotter Boehlert Davis, Tom Gohmert Cooper Jones (OH) Pallone Carter Green, Al McCrery Boehner Deal (GA) Goode Costa Kanjorski Pascrell Castle Gutknecht McHenry Bonilla DeLay Goodlatte Costello Kaptur Pastor Chabot Hall McHugh Bonner Dent Granger Cramer Kennedy (RI) Payne Chocola Harris McKeon Bono Diaz-Balart, L. Graves Crowley Kildee Pelosi Coble Hart McMorris Boozman Diaz-Balart, M. Green (WI) Cuellar Kilpatrick (MI) Peterson (MN) Cole (OK) Hastings (WA) Mica Boustany Doolittle Gutknecht Cummings Kind Pomeroy Conaway Hayes Miller (FL) Bradley (NH) Drake Hall Davis (AL) Kucinich Price (NC) Cramer Hayworth Miller (MI) Brady (TX) Dreier Harris Davis (CA) Langevin Rahall Crenshaw Hefley Miller, Gary Brown (SC) Duncan Hart Davis (FL) Lantos Rangel Cubin Hensarling Moran (KS) Brown-Waite, Ehlers Hastings (WA) Davis (IL) Larsen (WA) Reyes Culberson Herger Murphy Ginny Emerson Hayes Davis (TN) Larson (CT) Ross Davis (KY) Hobson Musgrave Burgess English (PA) Hayworth DeFazio Lee Rothman Davis (TN) Hostettler Myrick Burton (IN) Everett Hefley DeGette Levin Roybal-Allard Davis, Jo Ann Hulshof Neugebauer Calvert Feeney Hensarling Delahunt Lewis (GA) Ruppersberger Davis, Tom Hunter Ney Camp (MI) Ferguson Herger DeLauro Lipinski Rush Deal (GA) Hyde Northup Campbell (CA) Fitzpatrick (PA) Hobson Dicks Lofgren, Zoe Ryan (OH) DeLay Inglis (SC) Norwood

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.167 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2079 Nunes Rogers (KY) Sweeney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the floor of the House of Representa- Nussle Rogers (MI) Tancredo The SPEAKER pro tempore (during tives. Otter Rohrabacher Taylor (NC) Oxley Ros-Lehtinen Terry the vote). Members are advised that 2 I ask my colleagues to join me in recog- Paul Royce Thomas minutes remain in this vote. nizing John for a lifetime of achievement in Pearce Ryan (WI) Thornberry radio broadcasting and charity work to wish Pence Ryun (KS) b 2106 Tiahrt him and his family many years of happiness, Peterson (PA) Saxton Tiberi Petri Schmidt Mr. GUTIERREZ changed his vote Turner success and new challenges in the years Pickering Schwarz (MI) from ‘‘aye’’ to ‘‘no.’’ Upton ahead. Pitts Sensenbrenner So the resolution was agreed to. Platts Sessions Walden (OR) f Walsh The result of the vote was announced Poe Shadegg HONORING THE ACHIEVEMENT OF Pombo Shaw Wamp as above recorded. Porter Shays Weldon (FL) A motion to reconsider was laid on MICHELLE PARKS Price (GA) Sherwood Weldon (PA) the table. (Mr. KIND asked and was given per- Pryce (OH) Shimkus Weller Putnam Shuster Westmoreland f mission to address the House for 1 Radanovich Simmons Whitfield minute and to revise and extend his re- REMOVAL OF NAME OF MEMBER Ramstad Simpson Wicker marks.) Regula Smith (NJ) Wilson (NM) AS COSPONSOR OF H.R. 4318 Mr. KIND. Mr. Speaker, I rise tonight Rehberg Smith (TX) Wilson (SC) Mr. MEEHAN. Mr. Speaker, I ask Reichert Sodrel Wolf to honor Michelle Parks and her con- Renzi Souder Young (AK) unanimous consent to remove my tributions as a great American educa- Reynolds Stearns Young (FL) name as a cosponsor of H.R. 4318. tor at Northstar Middle School in Eau Rogers (AL) Sullivan The SPEAKER pro tempore. Is there Claire, Wisconsin. President Bush has NOES—196 objection to the request of the gen- honored Ms. Parks with the 2005 Presi- Abercrombie Grijalva Oberstar tleman from Massachusetts? dential Award for Excellence in Mathe- Ackerman Gutierrez Obey There was no objection. matics and Science, the Nation’s high- Allen Harman Olver est honor for teaching in these fields. Andrews Hastings (FL) f Ortiz In addition to the national recognition Baca Herseth Owens HONORING JOHN ‘‘FOOTY’’ KROSS Baird Higgins Pallone that comes with the award, Ms. Parks Baldwin Hinchey Pascrell (Ms. WASSERMAN SCHULTZ asked will receive a National Science Foun- Barrow Hinojosa Pastor and was given permission to address dation Grant of $10,000. Bean Holden Payne the House for 1 minute and to revise Becerra Holt Pelosi Ms. Parks teaches eighth grade Berkley Honda Peterson (MN) and extend her remarks.) mathematics, and her colleagues and Berman Hooley Pomeroy Ms. WASSERMAN SCHULTZ. Mr. principal at Northstar Middle School Berry Hoyer Price (NC) Speaker, I rise today to honor and pay Bishop (GA) Inslee regard her as crucial to the success of Rahall tribute to my good friend and con- Bishop (NY) Israel Rangel the school and the performance of her Blumenauer Jackson (IL) Reyes stituent, John Kross, who is also students. Admired for her enthusiasm, Boren Jackson-Lee Ross known to those of us in south Florida creativity and knowledge, Ms. Parks is Boswell (TX) Rothman as ‘‘Footy,’’ the legendary morning one of the most dedicated educators in Boucher Johnson, E. B. Roybal-Allard Boyd Jones (OH) Ruppersberger radio host who will walk away from the State of Wisconsin and nationwide. Brady (PA) Kanjorski Rush the microphone at the end of this She is an advocate and pioneer for Brown (OH) Kaptur Ryan (OH) week, ending more than 30 years as a many collaborative efforts, including Brown, Corrine Kennedy (RI) Sabo Butterfield Kildee morning radio personality. the connected mathematics programs. Salazar Capps Kilpatrick (MI) Sa´ nchez, Linda The veteran on-air personality whose This program creates a complete math- Capuano Kind T. name is John Kross will host his final ematics curriculum that helps students Cardin Kucinich Sanchez, Loretta Cardoza Langevin segment for the Y–100 Morning Show systematically develop a deeper under- Sanders Carnahan Lantos on Friday, May 5, 2006. Schakowsky standing of elementary mathematical Carson Larsen (WA) Schiff Footy has been helping south Florida concepts. Case Larson (CT) Schwartz (PA) wake up for more than 30 years and is Chandler Lee Mr. Speaker, we are deeply indebted Scott (GA) Clay Levin a mainstay in the south Florida com- to teachers such as Ms. Parks, who are Scott (VA) Cleaver Lewis (GA) munity. Footy is a passionate anti- Serrano the leaders in sustaining our Nation’s Clyburn Lipinski drug crusader and an incurable chick- innovation and competitiveness with Conyers Lofgren, Zoe Sherman Cooper Lowey Skelton en-wing junkie. our students. And on behalf of a grate- Costa Lynch Smith (WA) Originally, he created Footy’s Wing ful Nation, but especially on behalf of Costello Maloney Snyder Solis Ding, a chicken-wing eating competi- her students, we thank her for her Crowley Markey tion, as a fundraiser to aid Here’s Help, Cuellar Marshall Spratt many years of dedication and con- Cummings Matheson Stark a not-for-profit organization that as- gratulate her here this evening. Davis (AL) Matsui Strickland sists adults and children with sub- Mr. Speaker, I rise today to honor Michelle Stupak Davis (CA) McCarthy stance-abuse addictions. Parks and her contributions as a great Amer- Davis (FL) McCollum (MN) Tanner Davis (IL) McDermott Tauscher Although the event began mainly as ican educator at Northstar Middle School in DeFazio McGovern Taylor (MS) a competition to crown the maker of Eau Claire, Wisconsin. President Bush has DeGette McIntyre Thompson (CA) south Florida’s best chicken wings, it Thompson (MS) honored Ms. Parks with the 2005 Presidential Delahunt McKinney evolved over the years into a popular DeLauro McNulty Tierney Award for Excellence in Mathematics and Dicks Meehan Towns spot for pop music’s hottest stars. Science, the Nation’s highest honor for teach- Dingell Meek (FL) Udall (CO) Each year, Footy’s Wing Ding ing in these fields. In addition to the national Doggett Meeks (NY) Udall (NM) brought a host of celebrities to south recognition that comes with the award, Doyle Melancon Van Hollen Edwards Michaud Vela´ zquez Florida to raise thousands of dollars Michelle Parks will receive a National Science Emanuel Millender- Visclosky for area charities, including Here’s Foundation grant of $10,000. Engel McDonald Wasserman Help, the Sun-Sentinel/WB Television Ms. Parks teaches 8th grade mathematics, Eshoo Miller (NC) Schultz Channel 39 Children’s Fund and many Etheridge Miller, George Waters and her colleagues and principal at Northstar Farr Mollohan Watson others. Middle School regard her as crucial to the Fattah Moore (KS) Watt While thousands of radio listeners success of the school at the performance of Filner Moore (WI) Waxman will undoubtedly miss Footy’s voice on her students. Admired for her enthusiasm, cre- Ford Moran (VA) Weiner Frank (MA) Murtha Wexler their radios each morning, I am con- ativity and knowledge, Ms. Parks is one of the Gonzalez Nadler Woolsey fident he has established a strong foun- most dedicated educators in the State of Wis- Gordon Napolitano Wu dation that will help inspire genera- consin and nationwide. She is an advocate Green, Gene Neal (MA) Wynn tions of south Floridians to make a dif- and pioneer for many collaborative efforts, in- NOT VOTING—6 ference in their community. cluding the Connected Mathematics Program. Buyer Hoekstra Osborne It is my privilege to honor his service This program creates a complete mathematics Evans Jefferson Slaughter to our community in south Florida on curriculum that helps students systematically

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.100 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2080 CONGRESSIONAL RECORD — HOUSE May 3, 2006 develop a deeper understanding of elemental family and friends. Bucky, we wish you said many soldiers still in combat zones are mathematical concepts. the best, and I know that great oppor- suffering from the disorder. Ms. Parks believes that letting her students tunities lie ahead for you. ‘‘They think that the numbers are high right now,’’ said Baugh, 31, a former driver be successful in front of their peers is the key f for an Army construction battalion in Iraq. to getting them to take risks to succeed. Fur- MENTAL HEALTH SERVICES FOR ‘‘Wait until those guys get out and try to ther, she finds unique approaches to teaching RETURNING VETERANS start functioning in the civilian world. and problem solving and encourages critical There’s going to be hell to pay.’’ thinking in her students. Making learning fun, (Mr. MICHAUD asked and was given The miscalculation on PTSD echoes last according to Ms. Parks, is the key to bringing permission to address the House for 1 year’s underestimation by the Bush adminis- math and science closer to students. In addi- minute.) tration of how many Iraq and Afghanistan tion to this award, Ms. Parks has also been Mr. MICHAUD. Mr. Speaker, the De- veterans would need medical treatment. It had underfunded VA health care by $1 bil- recognized by the Kohl Teacher Fellowship. partment of Veterans Affairs has un- derestimated the need for mental lion, despite assurances to Congress that the I am very pleased to recognize Ms. Parks department had enough money. today before the U.S. Congress for her hard health services for returning veterans. Congress subsequently added $1.5 billion to work and dedication to the families and stu- The Kansas City Star recently re- the VA’s budget, but money problems still dents of Northstar Middle School. Being one ported that the number of troops back loom. of a hundred 7th–12th grade teachers nation- this year from Iraq and Afghanistan ‘‘They’re going to be short and they’re wide to receive the award, Michelle Parks ex- who will seek care far post-traumatic going to be playing catch-up,’’ Cathy emplifies excellence that should be the goal of stress disorder from the VA will be five Wiblemo, deputy director for health care at the American Legion, said of the VA’s PTSD all educators in the United States. Our Nation times higher than the VA projected. Earlier this year the VA reported treatment. ‘‘They’re not going to have the has long been the global leader in scientific money, and the waiting list will grow.’’ research and development. In order to main- that it anticipated 2,900 new PTSD PTSD is an anxiety disorder that can fol- tain that edge and strengthen America’s com- cases from returning veterans for fiscal low combat or other traumatic experiences. petitiveness, it is critical that we make the nec- year 2006. But in just 3 months, in fis- Symptoms include survivor’s guilt, flash- essary investments to educate and train the cal year 2006, VA had already seen 4,700 backs, nightmares, depression and irrita- next generation of scientists, researchers, and new cases of possible PTSD. bility. It can lead to drug abuse and even sui- I am very concerned that the VA will cide. innovators. The war in Iraq presents a higher PTSD As a Member of the Education and the not have the staff and programs to help the new combat veterans and to meet risk than other wars, said Robert Ursano of Workforce Committee, I have introduced legis- the Department of Psychiatry at the Uni- lation to establish a competitive undergraduate the need of veterans from past wars. formed Services University of the Health grant program to improve opportunities for VA may be forced to ration care. This Sciences. education and job training in math, science, is wrong. This issue needs to be ad- ‘‘Since it’s a terrorist war, one could be engineering, and technology. Further, during dressed. under attack in any spot,’’ he said. ‘‘There is reauthorization of the Higher Education Act, I, Mr. Speaker, I ask that the article of an enduring sense of a lack of safety.’’ David Goldstein from the April 30 issue Among the half million veterans who have along with Chairman MCKEON and Represent- of the Kansas City Star be inserted in served in Iraq or Afghanistan, more than atives EHLERS and HOLT, included an amend- 144,000 have gone to the VA for health care. the RECORD. ment in the Higher Education Act that will pro- Nearly a third have been diagnosed with vide additional resources and assistance for [From the Kansas City Star, April 30, 2006] mental disorders, with nearly half of those students choosing to study in these fields. NUMBER OF TROOPS NEEDING HELP THREAT- PTSD, according to the VA. Mr. Speaker, we are deeply indebted to ENS TO OVERWHELM VETERANS ADMINISTRA- The White House asked for $80.6 billion in teachers such as Ms. Parks who are the lead- TION 2007 for the VA, including $3.2 billion for ers in sustaining our Nation’s innovation and (By David Goldstein) mental health programs. But Rep. Michael WASHINGTON.—The number of troops back Michaud, a Maine Democrat on the House competitiveness with our children. Committee on Veterans Affairs, said the VA On behalf of a grateful Nation, I more impor- this year from Iraq and Afghanistan with post-traumatic stress disorder could be five would need more, sooner. tantly, on behalf of the many students who times higher than the Department of Vet- ‘‘What’s going to happen is unless we give have benefited by having Ms. Parks as their erans Affairs predicted. added resources, they’re going to have to math teacher, I say congratulations and thank Instead of 2,900 new cases that it reported start rationing care,’’ Michaud said. ‘‘It’s you. in February to a veterans advocate in Con- going to have to start pitting veterans against veterans.’’ f gress, the increase could be 15,000 or more, according to the VA. Jeff Schrade, a spokesman for Sen. Larry COMMENDING RICHMOND COUNTY At the Kansas City VA Medical Center, Craig, an Idaho Republican and chairman of NATIVE AND AMERICAN IDOL only nine vets from current combat were di- the Senate Veterans Affairs Committee, said CONTESTANT BUCKY COVINGTON agnosed with PTSD in 2004. Craig was unhappy over the VA’s botched es- Last year, it was 58. In just the first three timates on health care last year. (Mr. RYAN of Wisconsin asked and months of fiscal 2006, the hospital saw 72. Congress now requires quarterly budget re- was given permission to address the ‘‘It’s absolutely incredible,’’ said Kathy ports, which Schrade said show that VA’s House for 1 minute.) Lee, at the Missouri Veterans of Foreign budgeting appears to be on track. Mr RYAN of Wisconsin. Mr. Speaker, Wars. ‘‘What concerns us is they’re seeing a lot I yield my time to the gentleman from A former Army nurse in Vietnam who more patients than they anticipated,’’ he works at the hospital, Lee said, ‘‘Every sin- said. North Carolina (Mr. HAYES). The VA’s contradictory estimates on Mr. HAYES. Mr. Speaker, today I gle Iraq vet who comes in, I give them a list and say, ‘How many of these (PTSD) symp- PTSD surfaced in February. Prior to a Cap- want to congratulate Rockingham, toms do you have?’ It’s almost nine out of itol Hill budget hearing, the agency replied North Carolina, native and ‘‘American 10.’’ to written questions from Rep. Lane Evans Idol’’ contestant Bucky Covington for A top VA mental health official said it was of Illinois, ranking Democrat on the House pursuing his dream and using his God- difficult to predict the number of new PTSD VA panel. given talent to sing. Bucky is return- cases because of unknown factors like the Asked about the need for mental health ing home, but he quickly established troop discharge rate and how many veterans services, the VA told Evans that it expected himself as a rising star and a contest- will use the VA. to see 2,900 new cases in fiscal 2006, which But Laurent Lehmann, associate chief con- began Oct. 1 and ends Sept. 30. ant to watch. It’s easy to understand sultant for mental health, disaster, post-de- A week later, the agency issued its latest why Bucky’s strong vocals and love for ployment and post-traumatic stress disorder, quarterly report on use of the VA by Iraq Country and Southern Rock clearly de- acknowledged that 2,900 new cases ‘‘would be and Afghanistan veterans. fined his success each week as Ameri- an underestimate.’’ He said the VA hoped re- The numbers indicated it had diagnosed cans tuned in to the most popular show cent increases in funds and new programs 4,711 possible cases just from October on television. Bucky will be returning ‘‘would catch’’ unanticipated cases. through December—more in the first three home to Richmond County in North ‘‘Are we ahead of the curve?’’ Lehmann months than it told Evans to expect over the said. ‘‘That’s the question I don’t think I can entire fiscal year. Carolina, a true idol to many for his answer except to say we’re going to be moni- VA spokesman Jim Benson said the esti- extraordinary singing voice and the toring our heads off on this.’’ mate of 2,900 cases was based on earlier data. charisma he personified in front of mil- John Baugh, who attends a PTSD support The latest quarterly numbers were still in lions as he represented his community, group at the Kansas City VA Medical Center, the draft stage at the time of the hearing, he

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.117 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2081 said, and VA officials stuck with the earlier cared more about seeing his name on Mr. BROWN of Ohio. Mr. Speaker, I data because trying to explain ‘‘would be dog tags than seeing his name on a rise to honor my friend Dodie Dittmer more challenging and perhaps more con- driver’s license. As a rising senior high of the Communication Workers of fusing.’’ school star, he chose to spend his fleet- America for her 43 years of service. She ‘‘The reason they felt it was OK to do that was that, although the numbers are increas- ing days of youthful freedom at a Fort started at Ohio Bell in Dayton back in ing’’ due to more troops being discharged Benning boot camp. 1963. and seeking help, Benson said, ‘‘the rate of In early August of last year, Ser- Dodie Dittmer has always been there PTSD is staying relatively constant.’’ geant Stokely called his family from for workers and, in the great tradition But critics said that even if the annual Iraq and told them that if the time of the labor movement, always been PTSD rate was constant, the number of came to make the ultimate sacrifice there for her community. She was al- cases was rising nonetheless. for his Nation, he was ready. Then on ways a good soldier, a private in her ‘‘They continue to downplay the severity August 16, 2005, after having been on and the real size of the problem,’’ said Paul humility as she was willing to pitch in duty for more than 30 hours, Sergeant on every task and a general in her lead- Rieckhoff, executive director of the Iraq and Stokely volunteered for another mis- Afghanistan Veterans of America and a pla- ership. She was always a good soldier toon leader during the war. sion. Sergeant Stokely stood guard as in the battle for social and economic VA officials also had at the time of the his best friend and another soldier justice. For that, we are all thankful to February budget hearing a report from the checked a suspicious location. An IED Dodie Dittmer. department’s Special Committee on Post- exploded, and Sergeant Stokely died in f Traumatic Stress Disorder. It warned that his best friend’s arms. It happened 3 the VA was unable handle services to new months after his wedding day. REDUCING CLASS SIZE combat veterans as well as survivors of past The father of this American hero told (Mr. MEEK of Florida asked and was wars, saying: ‘‘We can’t do both jobs at once me, ‘‘As much as I hurt for the loss of within current resources.’’ given permission to address the House my older son and the memories we will for 1 minute and to revise and extend Most of the PTSD cases the VA sees in- never have, I am thankful for the 23 volve veterans from earlier conflicts, pri- his remarks.) marily Vietnam. years we had and a son who knew his Mr. MEEK of Florida. Mr. Speaker, I Baugh of Kansas City won’t talk much purpose in life, and his dreams were come to the floor today to announce about his Iraq deployment because it trig- fulfilled.’’ that last Friday a bipartisan coalition gers bad memories. But when he returned I want to commend Sergeant Stokely of 20 State senators, all 14 Democrats home in 2004, he couldn’t escape them. and his family for his honor and service and 6 Republicans State senators, came ‘‘I was jumpy, angry, irritated, sleeping and his dedication to duty. one, two hours a night,’’ Baugh said. ‘‘I was together to protect the people of the f totally worn out. I’d drink and drink and State of Florida as it relates to smaller drink just to shut the memories down and b 2115 class sizes. the nightmares. ‘‘ The people of Florida in 2002 voted OUR MEN AND WOMEN ON THE His wife pushed him to get help. Baugh and approved class size limits in Flor- FRONTLINES OF IRAQ AND AF- said he’ll ‘‘jump through the ceiling’’ if she ida to make sure that the State pays GHANISTAN drops a frying pan. The clattering of kids for smaller class sizes and not local dis- skateboarding down his street sounds just (Ms. JACKSON-LEE of Texas asked tricts. Floridians said three things: like ‘‘gunfire in the distance: kack-kack- and was given permission to address Public education is a high priority, kack-kack.’’ the House for 1 minute and to revise Joshua Lansdale knows about nightmares classrooms packed with students are and noises, too. A 23-year-old veteran from and extend her remarks.) unacceptable, and that Floridians want Kansas City, North, he spent 11 months in Ms. JACKSON-LEE of Texas. Mr. tax dollars to provide a quality edu- the Sunni Triangle as a firefighter and emer- Speaker, let me just reflect on what we cation for all of Florida’s children. But gency medical technician with the Army Re- owe the men and women on the some State officials tried to undercut serve’s 487th Engineer Detachment. frontlines of Afghanistan and Iraq. I that decision made by the voters for ‘‘It was a pretty hot zone,’’ he said. ‘‘We think we owe them the best equipment, Florida’s children. took a lot of mortar fire, IEDs, car bombs, the best leadership, and the best minds. saw a lot of helicopter crashes and worked Today, I want to enter the names of So I was disturbed as I read the article those senators and those State rep- the UN embassy bombing. I dragged a lot of in the USA Today that indicated that people out of burning buildings, cars, motor- resentatives that put forth their vote cycle wrecks and explosions.’’ more soldiers were being killed in the to make sure that we protect those Back home, Lansdale was diagnosed with utilization of Humvees in 2005 and 2006 that are in public education now in the PTSD and joined a support group at the VA than had been in the years past in the State of Florida and those that are yet hospital. He predicted that returning troops war in Iraq. unborn. They should be commended would overrun the VA. Mr. Speaker, it is important and im- and their names placed into the CON- ‘‘A third of all soldiers are seeking help,’’ perative that an immediate reaction be GRESSIONAL RECORD for future genera- he said. ‘‘Do we have the capability of treat- given and an action be taken by the ing all those soldiers? I don’t think we do.’’ tions. Department of Defense to help save the State Senators Nancy Argenziano, Dave f lives of our young men and women on Aronberg, Larcenia Bullard, Walter Camp- HONORING THE LIFE OF the frontlines, the reinforcement of bell, Jr., M. Mandy Dawson, Paula Dockery, SERGEANT MIKE STOKELY Humvees, new technology in body Rodolfo Garcia, Jr., Steven Geller, Anthony armor, new technology in head gear. Hill, Dennis Jones, Ron Klein, Alfred (Mr. WESTMORELAND asked and Our children are dying. They are with- Lawson, Jr., Evelyn Lynn, Gwen Margolis, was given permission to address the out the proper body armor and Les Miller, Nan Rich, Gary Siplin, Rod House for 1 minute.) Humvees, and that is insufficient for a Smith, Alex Villalobos, and Frederica Wil- Mr. WESTMORELAND. Mr. Speaker, country of this size. son. Sergeant Mike Stokely joined his fel- State Representatives Bruce Atone, Finally, it is imperative that a full Loranne Ausley, Dorothy Bendross- low soldiers in the National Guard in accounting be given about the dollars Iraq, turning down a service oppor- Mindingall, Kim Berfield, Mary Branden- that have been spent in Iraq as to what burg, Phillip Brutus, Susan Bucher, Edward tunity that would have allowed him to they have been spent for, why they Buller, Faye Culp, Joyce Cusack, Terry L. stay home in Georgia. have been spent, and, of course, an ac- Fields, Anne M. Gannon, Dan Gelber, Audrey Last year Sergeant Stokely married counting that shows that no corruption Gibson, Kenneth Gottlieb, Ron Greenstein, his high school sweetheart. Then, 1 has taken place. Bob Henriquez, Wilbert Holloway, Ed Homan, and Arthenia Joyner. week later, he answered his Nation’s f call to duty and headed to Iraq as part State Representatives Charles Justice, of the 48th Brigade. HONORING DODIE DITTMER OF Will Kendrick, Marcello Llorente, Richard Sergeant Stokely’s work in the Army THE COMMUNICATION WORKERS Machek, Matthew Meadows, Frank OF AMERICA Peterman, Juan-Carlos Planas, Ari Porth, fulfilled his lifelong dream. According John Quinones, Curtis Richardson, Julio to his father, Coweta County Solicitor (Mr. BROWN of Ohio asked and was Robiana, Yolly Roberson, Timothy Ryan, Robert Stokely, from the time Ser- given permission to address the House Franklin Sands, John Seiler, Irving geant Stokely was in middle school, he for 1 minute.) Slosberg, Christopher Smith, Eleanor Sobel,

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.116 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2082 CONGRESSIONAL RECORD — HOUSE May 3, 2006 Dwight Stansel, Priscilla Taylor, and Shel- our families. While more than 90 per- that is already out of reach for low-in- ley Vana. cent of firms with more than 50 em- come Americans. This is not the way f ployees still offer employer-sponsored to ensure our citizens are healthy and coverage, many smaller firms have productive members of society. SPECIAL ORDERS found they simply cannot afford to The Federal Government needs to The SPEAKER pro tempore (Mr. offer their employees health insurance. renew its commitment to the most vul- GOHMERT). Under the Speaker’s an- In fact, only 47 percent of firms with nerable members of our society. Faced nounced policy of January 4, 2005, and fewer than 10 employees offer em- with record levels of uninsured, we under a previous order of the House, ployer-sponsored coverage. should be adding people to the Med- the following Members will be recog- We are proud that Texas is a small icaid and S-CHIP rolls, not dropping nized for 5 minutes each. business State, but an unintended con- them. We should expand the S-CHIP sequence is that many of our small f program to include parents of CHIP business employees do not have access The SPEAKER pro tempore. Under a kids. That option alone would provide to affordable health insurance. The re- previous order of the House, the gen- health insurance to 67 percent of CHIP sult is that many Texans, and folks tleman from North Carolina (Mr. parents in Texas. throughout our Nation, have few We should restore funding for the JONES) is recognized for 5 minutes. choices for health insurance other than (Mr. JONES of North Carolina ad- Healthy Community Access Program, the individual market. dressed the House. His remarks will ap- which in my community has helped en- For American families near the pov- roll an additional 250,000 individuals in pear hereafter in the Extensions of Re- erty level, the cost of health insurance marks.) Medicaid and CHIP, while also direct- has to compete with the cost of putting ing the uninsured away from the ERs f food on your table or a roof over your and toward a more appropriate health The SPEAKER pro tempore. Under a heads, which is really no choice at all. care home. previous order of the House, the gentle- The typical family of four at the pov- These are the programs that work, woman from California (Ms. WOOLSEY) erty level brings home $20,000 a year. not HSAs and the AHPs that will place is recognized for 5 minutes. Given that private health insurance additional burdens on those who need (Ms. WOOLSEY addressed the House. cost $9,000 a year in 2005, it is no sur- help the most. Her remarks will appear hereafter in prise that more than half of Americans Mr. Speaker, if we are going to get the Extensions of Remarks.) below the poverty level spent at least this country’s health care system out f some or part of each year uninsured. of the ditch, we have to first stop The plight of the uninsured should digging. The SPEAKER pro tempore. Under a worry all Americans, as the uninsured previous order of the House, the gen- have less access to care, become sicker, f tleman from Texas (Mr. PAUL) is recog- and impose tremendous costs on our nized for 5 minutes. health care system. The uninsured are HONORING BILL WHITEHEART (Mr. PAUL addressed the House. His less likely to seek preventative health remarks will appear hereafter in the care and only get care once their The SPEAKER pro tempore. Under a Extensions of Remarks.) health problems reach emergency pro- previous order of the House, the gentle- f portions. A recent study by the Insti- woman from North Carolina (Ms. FOXX) tute of Medicine estimated that 2,500 is recognized for 5 minutes. COVER THE UNINSURED WEEK Texans die each year as a result of Ms. FOXX. Mr. Speaker, I rise today The SPEAKER pro tempore. Under a being uninsured. In fact, nearly 50 per- to honor one of my constituents, Mr. previous order of the House, the gen- cent of the uninsured adults have post- Bill Whiteheart, for being named the tleman from Texas (Mr. GENE GREEN) poned seeking health care because they 2006 ‘‘Small Business Champion’’ for is recognized for 5 minutes. could not afford it. Only 15 percent of North Carolina by the National Federa- Mr. GENE GREEN of Texas. Mr. individuals with health insurance have tion of Independent Business, NFIB. Speaker, I rise tonight to address the postponed care for this reason. The dif- Mr. Whiteheart is the owner of most pressing problem facing our coun- ference can literally be life or death. Whiteheart Outdoor Advertising in try and the health care system of our For example, uninsured women with Lewisville, North Carolina. He is also a country: the growing number of unin- breast cancer have a 30 to 50 percent Forsyth County Commissioner, a cattle sured. higher risk of dying from the disease farmer, a real estate broker, and the Since 2000, the number of uninsured than breast cancer patients with insur- owner of several other successful com- has grown by more than 10 percent as ance, 30 percent higher than people panies including Tobacco Transport, an additional 1 million Americans have with health insurance. Uninsured auto Atlantic Storage Trailer Rental Com- joined the ranks of the uninsured each accident victims with trauma are 37 pany, Yadkin Valley Traders, Incor- year. The Robert Wood Johnson Foun- percent more likely to die from their porated, and TFG Turf. dation recently reported that the num- injuries than their insured counter- Mr. Whiteheart is a successful small ber of individuals without health insur- parts. businessman who has given a great ance in this country rose to 46 million Everyone can agree that something deal back to his community through this year. This is a problem that we lit- must be done to stem the tide of the his work in organizations like Habitat erally cannot afford not to address. uninsured. Yet it is important that we for Humanity and the Lewisville Civic In my State of Texas, we have the put in place policies that not only in- Club. He is an outstanding role model unfortunate distinction of ranking crease the number of Americans with for other entrepreneurs in our State number one in the country for our level health insurance but also ensure that and is a great spokesperson for small of uninsured, which has reached crisis they have quality and comprehensive business issues. proportions. Twenty-five percent of insurance. Mr. Whiteheart serves as the chair- Texans are uninsured, compared with Unfortunately, the health savings man of NFIB’s North Carolina Leader- 15.7 percent of Americans nationwide. plans and association health plans sup- ship Council and helps the organization Twenty-two percent of children in our ported by the administration and our to support and recruit pro-small busi- State are uninsured, compared to 12 Republican colleagues are not a silver ness candidates. percent of American children nation- bullet. The success of any health insur- The National Federation of Inde- wide. ance plan lies in its ability to spread pendent Business is North Carolina and The increase in the number of unin- the risk. However, both the Health the Nation’s largest small business ad- sured is due in part to the changing na- Savings Accounts and the AHP models vocacy group. It is quite an honor for ture of health care in this country. would separate out the healthy and Mr. Whiteheart to be named ‘‘Small Gone are the days when we could rely wealthy, leaving sicker and poorer Business Champion’’ by this out- on our employers to provide com- Americans to fend for themselves in an standing organization, and I congratu- prehensive health insurance for us and individual health insurance market late him for his achievements.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.114 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2083 WORLD PRESS FREEDOM DAY The United States, as the world’s old- Mr. POE. Mr. Speaker, I have re- The SPEAKER pro tempore. Under a est democracy and its greatest cham- ceived numerous correspondence in the previous order of the House, the gen- pion, has a special obligation to defend last 24 hours regarding the unlawful in- tleman from California (Mr. SCHIFF) is the rights of journalists wherever and vasion into the United States. Here is recognized for 5 minutes. whenever they are threatened. A free what some Texans are saying. Mr. SCHIFF. Mr. Speaker, today is press is one of the most powerful forces Heather Pritchett in Humble, Texas, World Press Freedom Day, a time set for advancing democracy, human says: ‘‘Illegal immigrants should be aside to honor the work and sacrifice of rights, and economic development, so sent home and required to follow the journalists around the world. I believe our commitment to these larger objec- same immigration laws as legal immi- that freedom of the press is vital to tives requires active engagement in the grants have faced. It is wrong to give American national security and to our protection and the promotion of this illegal immigrants legal status, even democracy here at home. freedom. with several requirements such as Today, my colleague from Indiana, These are difficult and dangerous learning English, essentially it says it Mr. PENCE, and Senators CHRIS DODD days for reporters around the world. is okay to ignore the law. An open door and RICHARD LUGAR joined me in According to the New York-based Com- immigration policy is one of the won- launching a new bipartisan, bicameral mittee to Protect Journalists, 47 jour- derful things about this country and it caucus aimed at advancing press free- nalists were killed in 2005, most of should continue, but please close the dom around the world. The Congres- whom were murdered to silence or pun- windows.’’ sional Caucus for Freedom of the Press ish them. While last year’s death toll Jeffrey Kendrick of Spring, Texas, writes: ‘‘Why do we allow illegals to creates a forum where the United was lower than the 57 deaths in 2004, choose what laws are okay to dis- States Congress can work to combat they were well above the yearly aver- regard? As an American citizen who and condemn media censorship and the age over the last two decades. But too served our country for over 10 years in persecution of journalists around the many have paid the ultimate price just active military duty, this makes my world. The launch of this new caucus for doing their jobs. blood boil. Why aren’t we enforcing the sends a strong message that Congress Daniel Pearl was the Wall Street laws that are already on the laws? Are will defend democratic values and Journal’s South Asia bureau chief and there other laws that are okay to human rights wherever they are was on his way to an interview with a supposed terrorist leader when, on Jan- break? Why should our representatives threatened. in Washington allow our country to be This evening, Mr. PENCE and I hosted uary 23, 2002, he was kidnapped by a overrun with people who have no re- an event here in the Capitol to cele- militant group that claimed that he gard for the law? Stand up for our brate World Press Freedom Day. We was a spy. For weeks, speculation per- country. I have always respected your were honored by the presence of Musa sisted about his fate, until his decapi- record and valued your opinion. Don’t Klebnikov, the widow of murdered tated body was found in a shallow let the country be sold out to whining American journalist Paul Klebnikov, grave outside Karachi in late February. liberals who are afraid of what illegal the editor of Forbes Russia who was In Algeria, Mr. Mohamed Boualem Benchicou, the former editor of Le aliens may think of them. Who cares gunned down on a Moscow street in Matin, was given a 2-year prison sen- what they think? Go after companies July of 2004. A Moscow court is due to tence for being too outspoken. that employ them illegally, enforce the hand down a verdict against the al- law, preserve the American way of b 2130 leged triggermen tomorrow, and Mrs. life.’’ Klebnikov spoke movingly about con- He has been held in El Harrach prison Robert Arnold in Atascocita, Texas, tinuing her late husband’s work of for the past year as his health deterio- writes: ‘‘It is amazing to see so many helping the Russian people by working rates and members of his newspaper people mock our government while with them to build an independent staff are routinely subject to interroga- breaking the American law. As a cit- press. tion by Algerian authorities and also izen, as a veteran, I would like to know In launching this new caucus, we to judicial harassment. what plan is on the drawing board to have been encouraged by the wide Raul Rivero Castaneda is one of stop the inflow of illegal activities at range of organizations and individuals Cuba’s best known dissident journal- the borders. At the very least, make such as Reporters without Borders, ists. Over the years, Mr. Rivero has those people pay taxes. I don’t even Freedom House, and the Committee to paid dearly for his commitment to pro- care about the $3 a gallon gasoline, but Protect Journalists, which have all en- viding Cuban citizens with inde- work to get this immigration issue thusiastically endorsed this effort. But pendent, unbiased information. In under control.’’ I was most gratified to receive a letter March 2003, Rivero was arrested and Zine Strong of Humble, Texas, of support this morning from Walter charged with ‘‘acting against Cuban writes: ‘‘I am appalled at what is hap- Cronkite, the longtime CBS News an- independence and attempting to divide pening in our country where it appears chor who is not only an American icon Cuban territorial integrity,’’ writing that illegal immigrants have more but a living symbol of the positive ‘‘against the government,’’ organizing rights than American citizens. I see force that journalists can have in shap- ‘‘subversive meetings,’’ and collabo- daily on television the plight of those ing our lives. rating with U.S. diplomats. Sentenced who live at the border. Their properties Freedom of the press is so central to to 20 years in jail, he served 8 months are vandalized, their lives are threat- our democracy that the Framers en- before being allowed to seek asylum in ened by those crossing the border ille- shrined it in the first amendment of Spain in April 2005. gally. Our school and health systems our Constitution. At the time, there These are just some of the journalists are stretched to the limit and the jails was little in the way of journalistic that our caucus will highlight and pro- are filled with people who have no ethics; and newspapers were filled with file to bring attention to those brave, right to be here in the first place. scurrilous allegations leveled at public committed members of the press ‘‘I am an immigrant myself who was figures. Even so, our Founders under- around the world who are fighting for blessed to have the privilege of becom- stood its importance to advancing our the freedom of all of us and to high- ing an American citizen. I came to this experiment in democracy. light those countries where press free- country legally many years ago with Throughout our history, journalists dom is under attack. We welcome all of my two small daughters. As soon as we have jealously guarded their rights and your membership in this caucus. arrived, my daughters were enrolled in American courts have, in the main, f a school so they could learn English carved out broad protections for the and we spoke only English at home. My press. In the United States, the press THE INVASION OF AMERICA— sister, who had sponsored us, took us operates almost as a fourth branch of TEXAS SPEAKS to McDonald’s and told my daughters government, the Fourth Estate, as it is The SPEAKER pro tempore (Mr. they could not be Americans unless called, independent of the other three GOHMERT). Under a previous order of they ate hamburgers and drank Coca- and positioned as watchdogs of our the House, the gentleman from Texas Cola. Five years later we became freedom. (Mr. POE) is recognized for 5 minutes. American citizens.

VerDate Aug 31 2005 05:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.182 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2084 CONGRESSIONAL RECORD — HOUSE May 3, 2006 ‘‘We are Brazilian by birth and Amer- everyone else. It is an outrage to dis- labor rules from CAFTA and apply icans by choice, but we did it legally. criminate against any person because them to the countries that are in dire We never demanded any rights because of creed, or birthplace, or origin. But need of better labor standards for their we didn’t have any until we became this is predicated upon the person’s be- workers. They do nothing to improve U.S. citizens. We pay our taxes. We coming in every facet an American and the lives of the work or the working obey the law. We love America with its nothing but an American. There can be conditions of these people. And, make traditions and all it stands for, and we no divided allegiance here. Any man no mistake, what is bad for them is do not wish to see it destroyed or who says he is an American but does also bad for us here in the United changed. something else isn’t an American at States. ‘‘It is with horror that I see thou- all. We have room but for one flag, the Any vote for the Oman or Peru FTA sands of illegals take to the streets and American flag. We have room but for must take into account the broader shout for their rights. Their sense of one language, and that is the English economic reality that we are facing entitlement is offensive, and politi- language. We have room for but one here today. Our trade deficit hit a cians in Washington who write legisla- sole loyalty, and that is the loyalty to record shattering $726 billion last year. tion protecting them are saying to the American people.’’ Signed Teddy We have lost more than 3 million man- American young people that laws are Roosevelt, 1907. ufacturing jobs since 1998. Average to be broken and you will be rewarded Mr. Speaker, I hope Congress is lis- wages have not kept pace with infla- if you do break the law. tening to the people of this country. tion this year, despite healthy produc- ‘‘The American people have had And that’s just the way it is. tivity growth. The number of people in enough. For me, the last insult was to f poverty continues to grow, and the real see our National anthem being not median family income continues to ONE-SIZE-FITS-ALL TRADE only translated into Spanish, but hav- fall. ing our words changed to serve some- AGREEMENTS DON’T WORK Offshore outsourcing for white collar one else’s interests. The anthem is sa- The SPEAKER pro tempore. Under a jobs is increasingly impacting highly cred. Can you imagine if immigrants in previous order of the House, the gen- educated, highly skilled workers. France did the same thing with the tleman from Maine (Mr. MICHAUD) is RECORD trade and budget deficits, French anthem? They probably would recognized for 5 minutes. unsustainable levels of consumer debt, be shot. Mr. MICHAUD. Mr. Speaker, does stagnant wages, all paint a picture of ‘‘I urge you to protect our borders. anyone here or watching at home wear an economy living beyond its means, Do whatever is needed to stop the inva- one-size-fits-all clothing? It never fits dangerously unstable in a volatile glob- sion. Yes, we are a nation of immi- right. It never looks good. What works al environment. grants, but the immigrants who built for one person doesn’t work for an- These trade deals are not working for our Nation came here legally. Further- other. When it comes to trade agree- us. They aren’t working for this coun- more, they came to give to this coun- ments, a one-size-fits-all approach does try or for the countries we trade with try. They learned the language, fol- not work either. either. lowed the laws and were assimilated So then why are we negotiating trade I urge all Members of the House to into the United States. The people who agreements that take a one-size-fits-all send our new United States Trade Rep- are coming now want to change the approach to very different countries? resentative an important message: All country. To begin with, they don’t even Electronic comparison of the labor future agreements must make a real learn the language. chapter in CAFTA versus the same departure from a failed NAFTA and ‘‘In 2004, I had to go to the emergency chapter in Oman and Peru FTAs shows CAFTA model in order to succeed. room at a local hospital. I was there 71⁄2 that Peru’s FTA text is word-for-word American workers are willing to sup- hours because the waiting room was identical to CAFTA. The Oman text port increased trade if the rules that full of illegals who, according to the contains only four syntax changes that govern are fair, if they stimulate law, have to be taken care of. I pay do not alter the underlying meaning. growth, create jobs and protect funda- taxes, they don’t. Where are my rights? The labor chapter simply requires mental rights, both in America and The civil rights of American people are that each country enforce its existing abroad. I am committed to fighting for being violated to protect illegals. labor laws. It does nothing to require better trade policies that benefit U.S. ‘‘To the politicians who say we are a countries to improve their laws to re- workers and the U.S. economy as a generous people who should help those flect fairness to working people. whole. who come here looking for a better way There are also no safeguards in the We simply cannot afford more of the of life, I say, well, where does that end? agreement to prevent countries from same, one-size-fits-all clothing, be- The Mexicans are no more deserving weakening their labor laws. This is the cause what you will get is a wolf in than other people. What about the Af- same failed CAFTA approach: Squeeze sheep’s clothing. ricans, the Haitians and all other na- it into one-size-fits-all clothing and f tionalities? Should we open our borders slap it on to two different countries, to accommodate the whole world? If Peru and Oman. THE PROBLEM OF AMERICANS those folks want a let better life, let In Peru, the United States State De- WITHOUT HEALTH INSURANCE them demonstrate against the Mexican partment has indicated that child labor The SPEAKER pro tempore. Under a government and fight for their rights remains a serious problem. It is esti- previous order of the House, the gen- in their own country. Otherwise, if we mated that 2.3 million children be- tleman from Georgia (Mr. GINGREY) is make an exception for them, then in tween the ages of 6 and 17-years-old are recognized for 5 minutes. the name of fairness we will have to do engaged in work. In Oman, the revised Mr. GINGREY. Mr. Speaker, I rise to- it for all nations. What I see now on 2003 law remains in serious violation of night to raise awareness of a problem the borders is anarchy.’’ the International Labor Organization’s that is plaguing our health care sys- Lastly, Milton Chance of Nederland, most important and fundamental tem, and that is the number of unin- Texas, briefly states: ‘‘I am against il- rights, the freedom of association and sured Americans. It has been estimated legal immigration. We need to secure the right to organize and bargain col- that more than 45 million lack health the boarders. My son-in-law is Mexican lectively. insurance. However, it is important for and I have two wonderful grand- The Sultan of Oman allows for no understand for us to understand better children so I am not prejudiced at all. independent unions in the country. who the individuals are that make up This statement by a former President Whatever worker representative com- that 45 million. of the United States sums up the way I mittees exist in the country, they are A census taken in 2003 reveals that feel. ‘In the first place, we should insist also subject to the government’s ap- almost one-third of the uninsured, 15 that an immigrant who comes here in proval. Such committees may not dis- million, live in households with annual good faith and becomes an American cuss wages, hours or conditions of em- incomes above $50,000. 7.6 million of and assimilates himself to us, he shall ployment. Needless to say, these are these individuals live in households be treated with the exact equality as flawed agreements. They borrow weak with incomes of more than $75,000.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.183 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2085 Moreover, Mr. Speaker, 18 million of year 2010 increases to, get this, 29 mil- tration has changed nothing, abso- the uninsured are between the ages of lion. In addition, more than one-third lutely nothing at all. 18 and 34. of HSA purchasers last year actually So, Mr. Speaker, again I need to say Obviously, many of these are unin- had incomes under $50,000; and one- that there is a message we need to send sured as a matter of choice. They third of individual HSA purchasers last to the President. The message is very choose not to have coverage, because year were previously in the rolls of the simple: No on the CAFTA model, no to health insurance in this country is pro- uninsured. inadequate labor protections, and no to hibitively expensive and it is not a pur- In his State of the Union Address, the Oman and Peru agreements. chase they wish to make, either be- President Bush announced his plans to If you want to protect workers’ cause they are young and healthy or build and expand upon those early suc- rights, if you stand for labor protec- because they are willing to roll the cesses by giving Americans who pur- tion, if you want to halt job losses in dice and take their chances, or, if their chase HSAs the same tax advantage this country, then say no to the employer cannot afford to offer insur- given to employer-sponsored health in- CAFTA model, say no to inadequate ance, the regulations on the individual surance plans. This is a huge boost for labor protection, and say no to the insurance market make purchasing a those Americans who are self-em- Oman and Peru agreements. policy on their own prohibitively ex- ployed, unemployed, or they work for The CAFTA model hurts hard- pensive. companies that do not offer health in- working people here in the United Fortunately, Mr. Speaker, the Re- surance. It levels the playing field and States, in Oman and in Peru. Not sur- publican leadership of this House has increases the number of individuals prisingly, the Oman and Peru trade shown the American people how health and families with coverage. deals will hurt U.S. workers in the care can be made more affordable in Mr. Speaker, the last solution of re- same industries that were alienated by this country. There are three funda- ducing the number of uninsured Ameri- CAFTA. It is not a surprise to anyone mental avenues that take significant cans is called community health cen- that I am talking about textiles and steps toward allowing all Americans to ters. They are vital to enhance medical sugar production. be able to afford health insurance. care in poor communities, where access The labor standards in Oman and The first is Association Health Plans, to regular care is often hardest to come Peru are simply not acceptable. As re- or AHPs. The House of Representatives by and where basic primary and pre- cently as last year, the Bush adminis- last year passed H.R. 525, the Small ventative services can do an enormous tration’s very own State Department Business Health Fairness Act. This bill amount to raise standards of living and publicly stated that Oman has an unac- will reduce the cost of health benefits well-being. ceptable standard for the trafficking of for small businesses and the self-em- With the support given by the Fed- people into involuntary labor. ployed by establishing new national eral Government over the last several The same was formally acknowledged Association Health Plans. AHPs cur- years, our community health centers regarding Peru, including a special rently exist, but they are severely now have capacity to serve more than note that child labor was a serious hampered by the administrative burden 3.5 million additional Americans, with problem there. and high costs of having to comply nearly 2 million more served in the Honestly, I do not understand this with 50 different sets of State insur- next 2 years. administration. At the same time that ance mandates and regulations. These So, Mr. Speaker, it is not national the administration negotiated these barriers have made it virtually impos- health insurance that we need; and I agreements, it also published a report sible to start new plans and have forced think I heard one of my colleagues on detailing the extensive labor problems many of these plans to close, thus the other side at the start of these 5 in both of these countries. Even chil- greatly limiting the availability of af- minutes describe that and recommend dren working in a factory making fordable health insurance to our small it. But, as can you see, the leadership bricks in Lima, Peru, do not have the businessmen and women. in the House of Representatives, we legal right to, and I quote the adminis- H.R. 525 will strengthen health insur- take seriously our responsibility to tration’s report, ‘‘remove themselves ance markets by creating greater com- allow all Americans to purchase health from potentially dangerous situa- petition and more choices of health insurance. But our job is not done until tions’’. plans for small businesses. Greater all Americans enjoy the comfort and We need to say no to the Oman and competition will benefit consumers by the security of health care insurance. Peru agreements, not just to protect bringing premiums down and expand- f our labor rights here in the United ing access to coverage. The bill pro- States but also, importantly, to set the OMAN-PERU FREE TRADE global standard for labor rights around vides AHPs with the opportunity to AGREEMENT offer fully insured health plan options the world. under a uniform set of rules across The SPEAKER pro tempore (Mr. It was not so long ago that many in State lines so it will actually expand GOHMERT). Under a previous order of this House rejected and argued against opportunities for insurance companies the House, the gentlewoman from Cali- CAFTA. Guess what? The arguments to serve these small businesses. fornia (Ms. LINDA T. SA´ NCHEZ) is recog- against the Oman and Peru agreements nized for 5 minutes. are the exact same ones, because it is b 2145 Ms. LINDA T. SA´ NCHEZ of Cali- the exact same agreement. Mr. Speaker, the second avenue that fornia. Mr. Speaker, a year ago in this I ask my colleagues not to be fooled. will allow more Americans to purchase body, we were talking about this Cen- Do not believe that this is a new ap- health insurance are through health tral American Free Trade Agreement proach for trade, because absolutely savings accounts. or CAFTA’s terrible labor provisions. nothing has changed. They were established by the Medi- At that time, Member after Member I, for one, am going to stand up again care Modernization Act of 2003. Health raised serious concerns about CAFTA’s for labor rights here in the United savings accounts allow Americans to failure to protect working people here States and abroad, and I encourage my put aside tax-free dollars with a max- in the United States and abroad. How- colleagues to do the same. imum annual contribution to pay for ever, the Bush administration ignored f their health care needs. every single one of those serious flaws These accounts are combined with with the CAFTA trade deal. Now the HONORING JAMES CAVENDER high-deductible health insurance poli- Bush administration is asking this The SPEAKER pro tempore (Mr. cies that cover both preventative serv- House to consider the Oman and Peru POE). Under a previous order of the ices as well as catastrophic coverage; Free Trade Agreements. House, the gentleman from Texas (Mr. and these accounts, Mr. Speaker, grow I would call it a new deal, except GOHMERT) is recognized for 5 minutes. with the miracle of compound interest. there is nothing new about it. I have Mr. GOHMERT. Mr. Speaker, I rise In 2 years, over 3 million individuals looked at the labor provisions in the to honor a great East Texas man who have enrolled in HSAs; and the number deal, Mr. Speaker, and they are iden- has realized the American dream the of Americans projected to enroll by the tical to those in CAFTA. The adminis- old-fashioned way, through a lifetime

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.185 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2086 CONGRESSIONAL RECORD — HOUSE May 3, 2006 of hard work and dedication to his fam- to AP reports, 13 of those killed were And Central Command Commander ily, to his community, and to his craft. Iraqi recruits and two were Iraqi po- General Anthony Zinni in April said, ‘‘I James Cavender began his business lice. think we are paying the price for lack career by opening a Dairy Mart in In Baghdad over the past 2 days, 34 of credible planning, or the lack of a Pittsburgh, Texas, 4 years after I was bodies have been discovered through- plan. We are throwing away 10 years of born there. He opened his business in out that city. The hands of the men planning, in effect, for underestimating 1957. had been bound. All showed signs of the situation we were going to get into Eight years later, Mr. Cavender took torture, and all had been shot in the and for not adhering to the advice that another chance and opened a retail head. was being given to us by others.’’ western wear business for men and Another 12 bodies, all Sunni Arabs, Mr. Speaker, all of these are trou- boys. Thirty-five years, 40-plus stores, were found in the streets over the bling remarks. All of those men speak and some 800 employees later, weekend. from personal experience at ground Cavender’s Boot City, Cavender’s West- This is appalling news, Mr. Speaker; level. Their concerns and protestations ern Outfitters has become synonymous and, sadly, it is simply a continuation were ignored by higher-ups in the Pen- with the Texas cowboy. of the sectarian violence sparked by tagon and in the Oval Office. Mr. Cavender’s success is built on the the February bombing of the holy The price for speaking the truth in following motto, ‘‘take care of the cus- Askariya Mosque in Samara. The ele- public? Ask General Shinseki. He got tomer and everything else takes care of vated violence has claimed hundreds of fired for daring to speak out on the itself’’. lives, and many experts and scholars number of troops that would be a need- James Cavender is a family man. His worry if this is deteriorating into a ed to maintain the peace once major company’s operation reflects that. His full-out civil war. combat operations were under way. wife, Pat, sons, Joe, Mike, Clay, are all We can only hope that will not be the So, thus far, we have 2,404 U.S. sol- involved in the day-to-day business of case, Mr. Speaker, but the signs are diers who have died in Iraq and another Cavenders. The family remains in tune troubling, and insurgents are targeting 17,762 injured; 27,000 Iraqi civilians with their customers by continuing to Iraqis as well as U.S. troops. Iraqis are have died, and the world does not even live a ranch lifestyle. attacking other Iraqis, and no one know how many there have been in- On May 9, Junior Achievement will seems to know how to stop the vio- jured. honor the business success and commu- lence. From my own State of Ohio, 107 nity service of James Cavender. Junior It is clear that the administration’s brave soldiers have died, and 664 have Achievement is a volunteer organiza- pre-war intelligence was finagled or been injured. And the only thing this tion that teaches children how they flubbed, and war efforts are being bun- administration sees fit to do is throw can impact the world around them as gled. Constant miscalculations and in- money at the problem and wait for a businesspeople. ability to view the situation for what new President to figure it out some- Our young people who are interested it really is continues to place our time after 2008’s elections are over. in impacting the lives of others by en- troops in harm’s way every minute of Our esteemed colleague from the tering the business world will find no every day. other body, JOSEPH BIDEN, this week better role model than James Is it any wonder that well-respected suggested that he agreed with some ex- Cavender, a man who through honesty, military officers out of a sense of patri- perts who have proposed decentralizing determination, has attained great suc- otic duty feel compelled to speak out Iraq, similar to what was done in Bos- cess as a businessman, but, more im- against Secretary Rumsfeld and others nia in the mid-1990s. He writes, ‘‘Amer- portant, as a citizen of East Texas, of in this administration, drawing light ica must get beyond the present false Texas and of these United States. to the constant bungling? choice between staying the course and We honor James Cavender. God bless In March, military General Paul bringing the troops home now and you, and God bless America. Eaton, retired, said, ‘‘Mr. Rumsfeld has choose a third way that would wind put the Pentagon at the mercy of his f down our military presence responsibly ego, his cold warrior’s view of the while preventing chaos. The idea, as in The SPEAKER pro tempore. Under a world and his unrealistic confidence in previous order of the House, the gen- Bosnia, is to maintain a united Iraq by technology to replace manpower. As a decentralizing it, giving each ethno-re- tleman from New Jersey (Mr. PALLONE) result, the Army finds itself severely ligious group, Kurd, Sunni Arab and is recognized for 5 minutes. undermanned.’’ (Mr. PALLONE addressed the House. Shiite Arab, room to run its own af- Retired military General Paul Eaton: fairs while leaving the central govern- His remarks will appear hereafter in ‘‘Secretary Rumsfeld has shown him- the Extensions of Remarks.) ment in charge of common interests.’’ self incompetent strategically, oper- Mr. Speaker, is it not time to at least f ationally and tactically, and is far consider a new direction to stem the more than anyone else responsible for rising violence? IRAQ—THREE YEARS AND what has happened to our important COUNTING mission in Iraq. Mr. Rumsfeld must f Ms. KAPTUR. Mr. Speaker, I rise to step down.’’ b 2200 claim Mr. PALLONE’s time to address Retired Lieutenant General Greg the House for 5 minutes. Newbold: ‘‘Secretary of State CONGRATULATING DODIE DITMER The SPEAKER pro tempore. Is there Condoleezza Rice’s recent statement ON HER RETIREMENT FROM THE objection to the request of the gentle- that we made the right strategic deci- COMMUNICATIONS WORKERS OF woman from Ohio? sions but made thousands of tactical AMERICA There was no objection. errors is an outrage,’’ he says. ‘‘It re- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a flects an effort to obscure gross errors GOHMERT). Under a previous order of previous order of the House, the gentle- in strategy by shifting the blame for the House, the gentleman from Ohio woman from Ohio (Ms. KAPTUR) is rec- failure to those who have been resolute (Mr. STRICKLAND) is recognized for 5 ognized for 5 minutes. in fighting. The truth is our forces are minutes. Ms. KAPTUR. Mr. Speaker, a little successful in spite of the strategic Mr. STRICKLAND. Mr. Speaker, it is over 3 years have passed since the inva- guidance they receive, not because of with great pleasure that I rise here on sion of Iraq, and it seems that we are it.’’ the floor of the people’s House to con- no closer to victory than we were the Major General John Batiste in April gratulate Dodie Ditmer on her retire- day U.S. troops rolled into Baghdad. said, ‘‘the current administration re- ment from the Communication Work- So where are we in Iraq? This is a peatedly ignored sound military advice ers of America after over 43 years of question many are asking. Just this and counsel with respect to the war service to the union and to our Nation. morning, a suicide bomber attacked plans. I think the principles of war are Dodie was born in Clairfield, Ten- police headquarters in Fallujah, killing fundamental, and we violate those at nessee. She was one of eleven children. 15 and wounding 30 others. According our own peril.’’ She later married Gregory Kent

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.188 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2087 Ditmer, and together they have one labor laws. They offer no assurance this country with hopes of getting out daughter, Tamara Kaye, and one that existing labor problems will be re- of that situation. granddaughter, Emily. solved, and they allow labor laws to be Secondly, we also talk a lot that we On February 13, 1963, Dodie became weakened or eliminated in the future, have got a major effort in Iraq, and the an operator at Ohio Bell in Dayton, with no possibility of recourse. President of the United States has de- Ohio. She became a member of CWA Now, some may wonder why the scribed it in many cases as an effort to Local 4311 on that same day. She was President and the administration chose export democracy. Well, I have got appointed as a steward in the union in these three countries for the next news for you; you do not export democ- 1964, going on to be elected local presi- round of free trade agreements. It racy through the Defense Department. dent from 1973 through 1988. On May 1, seems to me, after looking at the This is where you export democracy, 1988, Dodie was appointed to CWA staff agreements, the Bush administration in our trade agreement, through our representative. Dodie also has the dis- went out to the nations with the very Commerce Department. Democracy is tinction of becoming the first woman worst examples of labor laws, protec- all about opportunity, and we should in to be appointed as assistant to the vice tions and enforcement in the world, our trade agreements give these for- president of district 4 in October of and some of the well-documented and eign workers an opportunity to stay in 1994. She also served the union as direc- more troubling aspects of these agree- their own country, to buy goods from tor of education and the COPE political ments consist. First of all, in Colom- us that would create a good dynamic director. bia, in 2004, over 200 trade unionists by creating jobs in this country. De- Dodie returned to Dayton, Ohio, in were killed, making it the most dan- mocracy is about opportunity, and if August of 2005 to work with the IUE- gerous country in the world for work- we are really serious about exporting CWA and various other locals. Dodie ers seeking to exercise their freedom to democracy, it starts right here. It has served the membership extensively form unions. More than 3,000 union starts with our free trade agreements. on various union, community and po- members have been killed in Colombia This is just a terrible series of trade litical boards and committees. since 1985, and only five people have agreements. It offers no opportunities I have had the great privilege of been indicted in those cases. to these foreign workers. We are going working with Dodie across the years. In Peru, the U.S. State Department to exacerbate the immigration problem Together, we have fought and won has indicated that child labor remains because, as long as these people do not many battles on behalf of working men a serious problem. This is our own U.S. have a right to earn a decent living and have decent working conditions in and women, and I have always appre- State Department. They estimate that their own country, they are still going ciated her thoughtfulness, her candor 2.3 million children between the ages of 6 and 17 are engaged in work in that to be coming here. and her good humor. I am confident So we can help on two fronts by country. Now, when we talk about free that she will not retire quietly, but I adopting fair labor standards in our trade, that is not free trade. That is think that she will continue to be an trade agreements, and I urge my col- active person in her community. asking the American worker to com- leagues to reject the Peru, Colombian Ohio has many outstanding citizens, pete with children who are being paid and Oman trade agreements. and Dodie Ditmer is certainly one of very low wages and being exploited in Ohio’s finest. I congratulate her to- these other countries. f night on her retirement, and I wish her In Oman, their 2003 labor laws remain LOCKOUT AT MERIDIAN Godspeed in the days, weeks and in serious violation of the Inter- AUTOMOTIVE PLANT months to come. national Labor Organization’s most The SPEAKER pro tempore. Under a f important and fundamental rights: previous order of the House, the gen- freedom of association and the right to tleman from Ohio (Mr. BROWN) is rec- PROPOSED TRADE AGREEMENTS organize and bargain collectively. WITH COLOMBIA, PERU AND OMAN ognized for 5 minutes. There are no independent unions in Mr. BROWN of Ohio. Mr. Speaker, I The SPEAKER pro tempore. Under a that country. first of all commend my colleagues, previous order of the House, the gen- Mr. Speaker, while trade sanctions LINDA SA´ NCHEZ of California, Mr. tleman from Massachusetts (Mr. and serious remedies are granted to the LYNCH, Mr. STRICKLAND, for continuing LYNCH) is recognized for 5 minutes. commercial trade and investment pro- the fight for free trade in this country, Mr. LYNCH. Mr. Speaker, I rise to- visions of these free trade agreements, fighting for jobs, fighting to protect night to address the House on the mat- the labor and environmental standards American jobs and protect American ter of the three proposed trade agree- are totally ineffectual. communities. There are not nearly ments that we are about to consider, It is interesting to me that the nego- enough voices in this Chamber for fair namely, Colombia, Peru and the Sul- tiators can get good protections for in- trade policies, and I thank them for tanate of Oman trade agreements. tellectual property rights and other their courage and their outspokenness. Every Member of this body knows or commercial rights, but when it comes Two nights ago, I stood on Route 32 should know the history of job loss in to labor and environmental standards, in Jackson, Ohio, a small community this country, and you would think, as it is just not happening. in southeast Ohio, with more than a my colleague from Texas said, that I want to address the House espe- dozen workers outside a plant where when you find yourself in a hole, you cially within the context of the immi- many of them had worked for more would stop digging, but not us. Here we gration problem that we are running than two decades. Husbands stood with go again. up against in recent days. We have wives; mothers and fathers joined the Just like the other so-called free folks that are tunneling into our coun- group. Some people brought their chil- trade agreements, the Colombia, Peru try from Mexico. They are swimming dren. Generations of steelworkers from and Oman trade agreements contain no across rivers. They are hiding in con- southern Ohio gathered to talk about meaningful language or effective labor tainers from foreign countries and their community and to talk about or environmental standards for work- dying in the process of trying to get their family values and to talk about ers in those countries. These so-called here, number one, to get out of the change. free trade agreements seek to reinforce countries that they are in because they That night, we talked about their the status quo in the host countries. are in a troubled state and they know families and the children they have Mr. Speaker, what we have here is they have got no rights; secondly, to raised on a steelworker’s union salary. identical language to the problematic give their families hope in coming We talked about the retirement secu- and inadequate language that was con- here. rity they helped invest in over the tained in CAFTA and NAFTA before It seems to me, if we wanted to stop years and always assumed would be that. some of the immigration problems, we safe with the company that they Instead of enforceable labor provi- could include in our trade agreements thought they could trust, and we sions with teeth, these free trade provisions that protect those workers talked about the uncertain future they agreements suggest only that those in their own countries. Then maybe now face as they stood by the side of Nations adopt and enforce their own they would not be lining up to come to the road outside of the plant.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.191 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2088 CONGRESSIONAL RECORD — HOUSE May 3, 2006 The workers at the Meridian Auto- out our values for CEO mansions and (Mr. MCHENRY addressed the House. motive Plant in Jackson, Ohio, are not private planes. His remarks will appear hereafter in standing there tonight on Route 32 be- We talked about the Exxon CEO who the Extensions of Remarks.) cause they are on strike. They did not makes $18,000 an hour. These locked f walk off the job. out workers have to figure out how to The SPEAKER pro tempore. Under a Despite being the most productive get anywhere on $3 a gallon of gas. We previous order of the House, the gen- Meridian workers in three countries, in talked about a drug company executive tleman from Oregon (Mr. DEFAZIO) is any of their plants in the U.S., in whose stock plummeted 40 percent recognized for 5 minutes. Michigan and Ohio and North Carolina since he was CEO but who took an $80 (Mr. DEFAZIO addressed the House. and Mexico, these Ohio workers have million package out the door with him. His remarks will appear hereafter in been locked out of their jobs, aban- We agreed that it is time to change the Extensions of Remarks.) doned by flawed trade policy, betrayed the future of Ohio by fighting for work- by their management, whom they ers and families. It is time that an hon- f trusted, and victimized by failed lead- est day’s work in this country means a The SPEAKER pro tempore. Under a ership in Washington, some of whom good day’s pay. It is time to invest previous order of the House, the gen- they have voted for. again in American workers and Amer- tleman from Illinois (Mr. EMANUEL) is After NAFTA, the North American ican small businesses and American recognized for 5 minutes. Free Trade Agreement, a dozen years communities. It is time to fight for (Mr. EMANUEL addressed the House. ago opened the door to cheap labor in family values. His remarks will appear hereafter in the Extensions of Remarks.) Mexico, corporations like Meridian f shipped jobs to countries where they The SPEAKER pro tempore. Under a f could cheat foreign workers of good previous order of the House, the gen- The SPEAKER pro tempore. Under a health benefits and a retirement plan, tleman from Texas (Mr. BURGESS) is previous order of the House, the gen- and now they want to lower labor recognized for 5 minutes. tleman from Michigan (Mr. STUPAK) is standards in Ohio. (Mr. BURGESS addressed the House. recognized for 5 minutes. Meridian has tossed hardworking His remarks will appear hereafter in (Mr. STUPAK addressed the House. Ohioans on to the street literally along the Extensions of Remarks.) His remarks will appear hereafter in the road on Route 32 in Jackson to the Extensions of Remarks.) deny them health care and retirement f plans that they have been investing in The SPEAKER pro tempore. Under a f for decades. previous order of the House, the gen- The SPEAKER pro tempore. Under a The CEO of Meridian lives in a $2 tleman from Indiana (Mr. BURTON) is previous order of the House, the gen- million mansion. His most productive recognized for 5 minutes. tleman from Wisconsin (Mr. KIND) is workers in his company stand along- (Mr. BURTON of Indiana addressed recognized for 5 minutes. side of Route 32. the House. His remarks will appear Mr. KIND addressed the House. His Current U.S. trade policy rewards the hereafter in the Extensions of Re- remarks will appear hereafter in the outsourcing of Ohio jobs, encourages marks.) Extensions of Remarks.) the exploitation of workers overseas f f and promotes the profiting of CEOs on The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a the backs of workers and small busi- previous order of the House, the gen- previous order of the House, the gen- nesses throughout our country. tleman from California (Mr. GEORGE tleman from New York (Mr. TOWNS) is For too long, they have been told MILLER) is recognized for 5 minutes. recognized for 5 minutes. American jobs must fall victim to the (Mr. GEORGE MILLER of California Mr. TOWNS addressed the House. His necessary evils of globalization. We addressed the House. His remarks will remarks will appear hereafter in the have been led to believe that our future appear hereafter in the Extensions of Extensions of Remarks.) is not in our hands. I do not buy that, Remarks.) f and those workers alongside the road in Jackson, Ohio, do not buy that. f b 2215 That night, the workers and I talked The SPEAKER pro tempore. Under a COMPARING THE STATISTICS about family values and the merits of previous order of the House, the gen- hard work. We talked about their chil- tleman from Indiana (Mr. PENCE) is The SPEAKER pro tempore. Under dren. Some are in college. Some are recognized for 5 minutes. the Speaker’s announced policy of Jan- about to go to college. Most thought (Mr. PENCE addressed the House. His uary 4, 2005, the gentleman from Iowa they could go to college before the remarks will appear hereafter in the (Mr. KING) is recognized for half of the lockout. Some may not be able to go Extensions of Remarks.) time before midnight as the designee of now. f the majority leader. We talked about a steelworker’s The SPEAKER pro tempore. Under a Mr. KING of Iowa. As always, I pro- mother who had worked for years, who previous order of the House, the gen- foundly appreciate the opportunity to was part of the bargaining committee tleman from Oregon (Mr. BLUMENAUER) address you, Mr. Speaker, and in doing for the steelworkers, had deferred in- is recognized for 5 minutes. so addressing this Chamber; and the come so they would have a comfortable (Mr. BLUMENAUER addressed the echo of the voice that comes here retirement, and that retirement is House. His remarks will appear here- echoes to the American people all about to be taken away. after in the Extensions of Remarks.) across this continent, and indeed and We noted the parade of honking in fact across the world. f horns in support of the workers and the Mr. Speaker, as I listen to the dia- proof that the community in Ohio ac- The SPEAKER pro tempore. Under a logue here in this deliberative body and tually means something. previous order of the House, the gen- listen to some of the statistics and They told me that people in the com- tleman from Georgia (Mr. WESTMORE- some of the opinions that were pre- munity brought food, brought water LAND) is recognized for 5 minutes. sented here several speakers ago, pri- and, most importantly, brought with (Mr. WESTMORELAND addressed marily by the gentlewoman from Ohio them encouragement for the locked out the House. His remarks will appear speaking in opposition to our oper- workers that wanted to be inside the hereafter in the Extensions of Re- ations in Iraq and the concern that she plant working. marks.) has about the loss of life, which I That night, we talked about change. f share, but also the advice and the ad- We talked about changing economic The SPEAKER pro tempore. Under a monitions that came through that policies that allow management to pit previous order of the House, the gen- were not supportive of our Secretary of worker against worker. We talked tleman from North Carolina (Mr. Defense, not supportive of the strategy. about changing trade policy that sells MCHENRY) is recognized for 5 minutes. I think, though, that her remarks were

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.193 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2089 made all in good spirit and I think in a of Sao Paulo, but I did find the num- Mr. Speaker, speaking of those cities, fashion that she believes is the best bers for Iraq. For Iraq, the victims of I would point out that there is a way course for this country to take. So I violence, and in that we include the also to draw a measure, a measure that don’t take issue with the motive, Mr. bombing victims, of civilians and those Americans will have a different feel for Speaker, but I just have a different that are victims also of murder in Iraq, when I lay out the casualty rates for opinion and I have a different view- it comes down to 27.51 deaths per violent deaths in our cities in America. point on a number of the statistics, so 100,000 per year; 27.51 is the number. So And it occurs to me when I look at I will try to illuminate this issue a lit- if you are living in a city of exactly these statistics that it is far more dan- tle bit. 100,000 people, statistically there would gerous for my wife to live here in The statement was made by the gen- be 27.51 of them who would die a vio- Washington, D.C. than it would be if tlewoman that there have been 27,000 lent death in any given year. That is she were living as an Iraqi civilian cit- civilians that have been killed in Iraq the statistical number. And, of course, izen in a random place in Iraq. Now, we since the beginning of our operations we know there are anomalies, and we know there are places with higher vio- there, and that date for me would be know there are concentrations of trag- lent rates, but 27.51 deaths per 100,000 March 22, 2003. That, indeed, may be edies, and we know there are long in Iraq per year. the number, and I don’t take issue with terms of peacefulness that go on in I am going to go to Washington, D.C.; the specificity of that number of 27,000 other parts of the country. But this 45.9 deaths per 100,000, Mr. Speaker, civilians killed. I would point out, helps us understand how a country like compared to the 27.5 in Iraq per 100,000. though, that there have been now 3 Iraq can continue to move forward Detroit, 41.8. It is getting a little years and a little more than a month with the kind of violence that we see safer in Detroit than it is in Wash- go by, so one would need to divide that on television. It makes me wonder, Mr. ington, D.C., but still far more dan- down to take a look at it from an an- Speaker, if we aren’t seeing almost all gerous in Detroit than it is in Iraq to nual perspective, and that would take of the violence that goes on in Iraq on be a civilian. that down to about 9,000 civilians a television because we are seeing those Baltimore, 37.7; Atlanta, 34.9; St. year. high levels of violence continually in Louis, 31.4. We are getting down there Mr. Speaker, it occurs to me as I sit front of our faces every day. I think it closer to the fatality rate to live in St. here in this Chamber and evaluate this is sometimes intentional and strategic Louis rather than living somewhere in that not too long ago I was down in rather than news; 27.51 fatalities per Iraq at 27.51. South America on a trade mission 100,000 in Iraq. So what city might be comparable, a through Brazil and also Argentina and Now, how does this compare across city that we would be familiar with a couple of other smaller countries the rest of the world? Well, one might that would have a violent death rate briefly, and there in Sao Paulo, a large look at a country, say, like Venezuela, that one would compare to the equiva- city in the southern part of Brazil, 31.61 violent deaths per 100,000. So Ven- lent of being a civilian in Iraq? Well, they informed me that they had an an- ezuela is slightly more dangerous to Mr. Speaker, if there are people out nual number of murders in that city of live in than Iraq is. there that are sitting in Oakland, Cali- And Jamaica, 32.40 violent deaths per 10,000 people that died violent deaths at fornia, tonight and they are thinking 100,000 compared to the 27.51 in Iraq. the hands of murderers in Sao Paulo, about how they are living safe in their Jamaica is slightly more dangerous to Brazil. Now, whether you want to living room, they are just slightly safer live in than Iraq. measure that that city is the com- And then you have South Africa. It in their living rooms living in the com- pressed inner city with a lower popu- jumps all the way up to 49.60. munity of Oakland, California, than lation or the city and its suburbs with Now, we are starting to see some they are living in a random community a larger population, and perhaps that numbers here that take us up to al- in Iraq. The Oakland fatality rate for a could go as many as 16 million or most twice the rate, it is a little less violent death is 26.1 compared to the maybe even larger for the size of the than twice the rate of Iraq’s fatality 27.51 in Iraq. city, Mr. Speaker, that is still an as- rate; 49.60 in South Africa per 100,000. Mr. Speaker, I think this makes the tonishing number to think of 10,000 But we do have some numbers that point very well that we can be deliv- people in a single city that are mur- go over twice the rate. One of those ered a constant drum beat of violence, dered in a single year, a high level of would be Colombia. Iraq, 27.51 deaths and then we begin to think that it is an violence. per 100,000; Colombia, 61.78 violent intolerable violence and something So when I came back, I took a look deaths per 100,000, more than two times that is such a high level that it can’t at some statistics to try to get a han- as many deaths there. It is more than continue, that a civil society just sim- dle on this, to try to put it in perspec- twice as dangerous to be a civilian liv- ply can’t sustain that kind of an on- tive. And one of the ways we can do ing supposedly in peace and harmony slaught, when, truthfully, the violent that is we look at the communities in Colombia than it is to be a civilian level in Iraq is well less than half of that we know that we live in where we living in the middle of this chaos in the violent level in Colombia, and they see the crime figures day by day on the Iraq that I hear is intolerable. sustain themselves although not so front page of the paper, and sadly often Mr. Speaker, I would point out that well. Slightly higher than half the rate they don’t make the front page of our if it is intolerable to face that kind of of South Africa; they sustain them- paper, and look also at other countries violence as a percentage of the popu- selves. where we are paying intense attention. lation in Iraq that is unsustainable and We go to Jamaica because it is a So I pulled those statistics together for that somehow we should pull out of wonderful place to visit, but the vio- a number of countries. there and wash our hands and give up lence level there is a little more vio- Of course, Iraq would be number one or cut and run or maybe split the coun- lent than Iraq, slightly less violent on that list. And the statistics are try up into three different sections, than Oakland, California. given on many web pages and easily and then imagine what kind of violence Venezuela, I mentioned. available to all, Mr. Speaker, but the we would have if we pitted those three The one that I left off was New Orle- number of murder victims, deaths due factors against each other. But, in- ans. Thinking in terms of 27.51 deaths to violent acts, murder victims per stead, I will submit that we are being per 100,000 violent deaths in Iraq; New 100,000. So you take it down into that treated with a relentless drum beat of Orleans before Katrina, 53.1, almost number per 100,000, it puts it in a bal- television violence in Iraq that, even twice the violent deaths in New Orle- anced perspective, it is apples to ap- though it is honestly represented in ans as there is in Iraq. ples, and it will give a person an idea of those significant instances, we don’t So that gives us a sense, I think, Mr. about what kind of a violent society we have our television cameras lined up on Speaker that this is a manageable vio- might be dealing with. the emergency rooms in the United lence rate. And although we abhor all So as I look at these numbers, Mr. States. We don’t have them lined up violence and as much as we have strug- Speaker, I actually didn’t come up here in the emergency rooms in Wash- gled to bring a civil society and order with the numbers for Brazil and I ington, D.C. or Detroit or Baltimore or there, there is still the insurgency. couldn’t find the numbers for the city New Orleans or Atlanta or St. Louis. There are still the people who believe

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.206 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2090 CONGRESSIONAL RECORD — HOUSE May 3, 2006 that they will gain their power back if Saudi Arabia. The image that comes utter words and phrases, people who they keep attacking Americans, if they from a successful and prosperous Iraq are viewed as quasi leaders of the keep attacking Iraqis. emanates into those countries and into United States who undermine our ef- But we heard today from the Sec- all Arab countries. And if this military fort. retary of Defense that there are 254,000 solution in Iraq, which is nearly at its I have with me here a poster. Iraqis in uniform defending Iraqis. completion, and now that we have an Mr. Speaker, this is a poster of the Those numbers are going up. They are opportunity watching the politics in senior Senator from Massachusetts; heading towards 325,000. And each day Iraq with our new prime minister and I and he says this back on April 6, 2004, that goes by, we have more Iraqi troops should say their new prime minister ‘‘This was made up in Texas. This in uniform, better trained, better whom they selected, Jawad al Maliki, whole thing was a fraud. Iraq is George equipped, taking on more and more of the new prime minister of Iraq, they Bush’s Vietnam.’’ April, 2004. the security tasks that are there. Yes, now are in the process and forming a What does this mean to the people some are being led by Americans; many truly legitimate government. It has who are fighting against us? What does are being advised by Americans. They taken them 4 months, but they are put- this mean to the insurgents who are have taken over 30 of the bases, the ting in place people now, and the min- sitting in their hovel somewhere, mak- Iraqi troops. These are the good guys ister will soon be seated. And when ing a bomb, trying to get the courage on our side, taking over 30 of the bases that happens, this government that I to plant and detonate that bomb? It en- there to manage. They are performing hoped would be up 3 months ago could courages the enemy. well, they are engaging in battle, they likely be up in just a few weeks, up and If one does not think so, I thought I are not cutting and running, and we running and functioning, giving order would go to the Vietnam archives and are standing up a military in Iraq that to the country, giving direction to it, see what I could learn about what kind can more than face down these insur- carrying on command-and-control op- of message did they get during the gents. erations from the top down, sending Vietnam War. I came across a quote Mr. Speaker, the point of all of this, out the payroll to the people that are that came from a 1995 interview with a and I think it is a point that needs to working within government, getting North Vietnamese colonel, Colonel Bui be made, is we have been engaged in a supplies out, fixing the infrastructure, Tin. He was the colonel that received war on terror, and we continue to be in keeping the flow of goods and com- the unconditional surrender of South this global war on terror, the oper- merce and munitions and essential sup- Vietnam on April 30, 1975. He later be- ations that go on globally and pri- plies to the people of Iraq, giving order. came editor of the People’s Daily, the marily in Afghanistan and in Iraq. I Mr. Speaker, when that order comes, official newspaper of Vietnam. He now don’t hear complaints from this side of the insurgents will realize something, lives in Paris where he immigrated the aisle about the operations in Af- and I think that what they will need to after becoming disillusioned with the ghanistan. They are essentially univer- realize is what the losers in every war fruits of Vietnamese communism. He sally acclaimed as a tremendous mili- have to conclude. And that is, a war is has a viewpoint different than when he tary accomplishment. But you can’t never over until the losing side realizes was fighting for communism. have a sustainable military accom- that they have lost. They have got to But when asked, when Colonel Tin plishment unless you have also an ef- get to that point where they don’t have was asked this question, how did Hanoi fective political accomplishment. the hope any longer, they don’t have intend to defeat the Americans, he re- There has to be a political solution to the ability any longer to carry out war. plied, by fighting a long war which follow every military operation and ac- Von Clausewitz wrote, his most com- would break their will to help South complishment, or it cannot be sus- mon summary of his quotes on his Vietnam. tained, and behind that political solu- book on war, that, ‘‘the object of war is Ho Chi Minh said: ‘‘We do not need to tion needs to be an economic solution. to destroy the enemy’s will and ability win military victories. We only need to Afghanistan is on the way. to conduct war.’’ I put it down into hit them until they give up and get Iraq has been a more difficult strug- simple terms. I say, ‘‘War is never over out.’’ gle, but it is essentially the same equa- until the enemy realizes they have The follow-up question: Was the tion with a couple of important dif- lost.’’ And so that message is getting American anti-war movement impor- ferences. One is that Iraq is surrounded through to the other side, and I think tant to Hanoi’s victory? Colonel Bui by countries who have been funding, that Zarqawi is desperate. Tin responded, ‘‘It was essential to our equipping and sending insurgents in, strategy. Support of the war from our our enemies. That consistent supply of b 2230 rear was completely secure while the munitions and equipment and people As they beat the drum and put more American rear was vulnerable. Every has made it a relentless insurgent ef- information out through the media, we day our leadership would listen to fort in Iraq. We will get a handle on are not seeing the kind of activity that world news over the radio at 9 a.m. to that, especially the more the Iraqis would indicate to me that they have an follow the growth of the American step up, the more tips they get, the ability to carry on this war very much anti-war movement. Visits to Hanoi by more they are able to come in and, longer. As the Iraqis step up in uniform people like Jane Fonda and former At- with special forces, knock out the lead- and go from 254,000 on their way to torney General Ramsey Clark,’’ who ership of al Qaeda. There have been 325,000, they will be in a position to oc- has not given up his tactics yet, Mr. several times that Zarqawi has been cupy, to control order, and they can Speaker, ‘‘gave us confidence we should within a few minutes of coming under penetrate any operation going on in hold on in the face of battlefield re- the control of coalition forces. In fact, Iraq. The day will come not too far verses. We were elated when Jane he was at one time under the control of from now when the enemy has to real- Fonda, wearing a red Vietnamese dress, the Iraqi forces, and they didn’t realize ize that the object of war has been said at a press conference that she with who they had, and had they realized reached by the Coalition Forces and ashamed of American actions in the that, that part would be over. But the that they have lost. war and that she would struggle along effort that is going on in Iraq is more Now there is another thing that hap- with us.’’ complicated; it has a more organized pens here when you are engaged in a And another question of Colonel Bui opposition. war, especially when you are in a free Tin: ‘‘Did the Politburo pay attention But the rewards on the other side, country, a constitutional republic with to these visits?’’ Mr. Speaker, also can be more substan- constitutional rights, freedom of ‘‘Keenly.’’ tial than the rewards in Afghanistan, speech, press and assembly. You cannot ‘‘Why did they pay keen attention? and for a couple of important reasons. control the freedom of speech, press His response: ‘‘Those people rep- One of those reasons is the strategic lo- and assembly that goes on in the resented the conscience of America. cation of Iraq. It is surrounded by United States of America. So we some- The conscience of America was part of Syria on the one side and Iran on the times do the foolish thing: We some- its war-making capability, and we were other side, in close proximity of course times have people who are tools of the turning that power into our favor. by Kuwait and in close proximity to enemy. We sometimes have people who America lost because of its democracy.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.207 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2091 Through dissent and protest, it lost the many as 3 million lives in Southeast man of the Democrat Party, Howard ability to mobilize a will to win.’’ Asia when the power structure col- Dean. ‘‘The idea that we are going to Mr. Speaker, that statement bears lapsed, and it happened because we lost win in Iraq is just plain wrong.’’ That repeating in part. He answered, ‘‘Those the will in this country. was December, 2005. people represented the conscience of This operation in Iraq is nothing like What kind of message does that echo America. The conscience of America Vietnam, not in its severity, not in its through the hovels in Iraq where the was part of its war-making capability, casualties. It does not have any jungles insurgents live and plan and plot to at- and we were turning that power in our or mountains. It is a barren desert. tack Americans? Does that make them favor.’’ There is no place for the enemy to think that the United States has lost Does it sound like some of the voices hide. Zarqawi said that in his letter its resolve? If they are reading the we have heard today coming from the that he wrote a year ago last April. quotes from Bui Tin and General Japp other side of the aisle, Mr. Speaker? There is no place to hide, and the and Ho Chi Minh, don’t they think that And is it the same sentiment and will Iraqis that are willing to take them in the lack of will in the United States it be the same result? Or will we have are as rare as red sulfur. I do not know today would be comparable to the lack the courage and the fortitude and the how rare red sulfur is in Iraq, but I of will during the Vietnam War? foresight and the will to stand up for think it is on the order of as rare as It is not the same war, the same time truth, to stand up for this mission, to hen’s teeth. or the same people. If we pulled out of stand up with our troops that have put Another message, Muqtada al-Sadr. Iraq and let that nation break down their lives on the line for us and for our He has been in the news also a lot late- into chaos, the consequences for this freedom and for the free destiny of ly. I saw this image and heard this country, the consequences for freedom, America? voice as I sat in a hotel room in Kuwait the consequences that we would have Can we let Bui Tin make a point that waiting to go into Iraq the next day. I to face in this global war on terror a democracy, because it has freedom of was watching al-Jazeera TV. That is would be catastrophic. I do not think a speech and we allow people who are always a good thing to do when you are reasonable person can really con- seen as the leaders to speak without in a foreign country, turn on the TV template the idea of pulling out or consequence, sending a message out to and see the images that they portray. backing off to the horizon and dis- all of the people in this country and You can get a sense of what people are engaging and only going in when there the people across the world that want focusing on, even if you cannot under- is a real, real crisis, or the idea that we to listen that we do not have the re- stand the language. This was in Arabic should provide for separating Iraq into solve to continue this fight and win audio, but the crawler underneath was three different geographical areas. Where did that come from, Senator? this fight and leave a new legacy that in English. puts aside the old legacies of Vietnam, As I watched that mouth go up and That discussion should have been the legacies of Mogadishu and the leg- down, this is what I heard: If we keep taken place long ago. To sit back and acies of Lebanon? It is up to us. attacking Americans, they will leave throw a Monday morning quarterback recommendation out there throws As I think about a meeting I had Iraq the same way as they left Viet- more instability into the Middle East with General Casey in Baghdad last nam, the same way they left Lebanon, and makes it harder for our diplomats, August, he said to me, the enemy can- the same way they left Mogadishu. not win if the politicians stay in the Sound familiar? I think so. I think Secretary of State, Secretary of De- fight. We discussed on the way back did Muqtada al-Sadr is getting his lessons fense, and harder for our President to try to lend a sense of calm and support. he mean Iraqi politicians or American the same way. He is listening to the The Iraqis are committed to one Iraq. politicians, and I concluded that he American left. He is being encouraged I have asked the same question about meant both. It is essential that both by the voices that are quasi leaders in what would happen if Iraq were di- the Iraqi politicians and the American this Congress, both in the House and vided. I asked that question quietly of politicians stay in the fight. It is our the Senate, the people who keep pre- people that know. And every time I ask job to do that. dicting defeat and saying before the op- that question, I get an answer: Don’t I stood in a mess hall in Iraq more eration begins that we cannot win. talk about it; don’t think about it, than a year ago. There was a soldier, a Some people from the United States don’t try it. We are Iraqis and we are Captain Richards. He shook my hand House of Representatives went to Iraq Iraqis first; and we are Kurds, Shiites, and looked into my eyes and said, I am to surrender before the operations ever and Sunnis after that. I am going to proud to fight for my country and began. Yet our military went in there stand with one Iraq. That is the organi- serve my country, but why do I have to and in record time went in and invaded zation that is there. We have to stick fight the United States news media, and liberated and occupied the largest with that. Anything else undermines too? city ever in the history of the world. it. My answer is, you should not have to They traveled across more miles of Mr. Speaker, that is the situation in fight the news media. That is my job. desert than anybody had before. And Iraq. We can stand together on this, It is my job, and it is the job of the that is the most powerful message. He and we will. Our troops are not going Members of Congress to make sure that is listening to the voice that comes to blink. Our leadership is not going to the truth comes out and we stand up out. blink. for the people who are defending our We need to understand when we are Our Secretary of Defense has done an freedom. Use the freedom of speech to talking here we need to talk about our outstanding job. He is reorganizing our defend freedom, not the freedom of resolve and staying the course, fin- military right in the middle of combat speech to undermine freedom. ishing the job, and sticking with our operations. They are reorganizing it I have more illustrations, Mr. Speak- military. into brigade combat teams. er. And what does our military say? Some of generals who have been crit- Mr. Speaker, this is the gentleman When I visit them in the hospital or ical of our Secretary of Defense are the who has been in the news lately, visit them in Iraq or when they come ones who are not supporting a reorga- Zawahiri. He heard the message from back home, they want to finish this nization of the military, especially the Vietnam that came from the senior fight. Those that are wounded want to Army. They are some of those tradi- Senator from Massachusetts. When the get better and go back and get into the tional ways diehards. senior Senator said Iraq is George fight. They feel a little guilty some- Of all of the thousands of generals Bush’s Vietnam, here is the words that times that they might have been able that we have, we have found six that came out of the mouth of Zawahiri: to avoid getting injured, and they want disagree with the Secretary of Defense. ‘‘The collapse of American power in to get back in the fight and rejoin their That is hardly a movement. That is Vietnam, they ran and left.’’ troops. That is the patriotic American hardly something that I think should We think that does send a message to way. We need to stand and defend that. cause us to rearrange our entire mili- all of our future enemies when we pull We have another voice here that I tary thinking. But you can always find out of an operation, an operation that, think we need to hear. It is another a dissenter. You can always find a crit- when that happened, it cost perhaps as voice of the defeatist left, the chair- ic. Time will help us fix this.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.209 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2092 CONGRESSIONAL RECORD — HOUSE May 3, 2006 There are three phases of the oper- What we know is we cannot tolerate very rational approach. And I dubbed it ations in Iraq. There is a military secu- a nuclear Iran. The threat and the risk Biting the Hand That Feeds You Day. rity phase. Hopefully, we are reaching of that, the destabilization in the Mid- Because the punishment, if there was the end of that, where we hand that dle East, not just what it does to the any, was to be delivered to the people over to the Iraqis. It will require our oil supply, but having a nuclear missile that were most inclined to be sup- presence and advisers there for a long aimed at Tel Aviv, realizing that they portive of illegals in this country. time, but they will get a handle on the would take Tel Aviv out in a heartbeat And so, perhaps a million, 1.1 million, violence. if they could, and that capability 1.3 million people took to the streets The second phase in the political would destroy the only democracy in on Monday of this week to send a mes- phase. Now with a new prime minister the Middle East, and we know that sage all across America that they are and a government that is in the process Israel can’t tolerate that, and we know demanding that they get a path to citi- of being properly formed, this will be that we do not want to have Iran zenship and hopefully a fast path to the first government in Iraqi. Of all of threatening the rest of the world with citizenship. the elections that they have had there missiles that will reach out there at And I would argue, Mr. Speaker, and all of the people who have been in- 2,500 kilometers. And it won’t take that, you know, they came into this volved, from our CPA and Paul Bremer, long for them to get larger missiles country and did so illegally. They this is the first government that has that can go further yet. argue that they are not criminals. But been formed to govern, not simply to So we have to turn pressure on Iran. in fact, it is a crime to enter the be an interim government to get to a And in the end, they must understand United States today. Passing the law constitution and then to be able to get that they will not have a nuclear weap- that makes it a felony makes it a pen- to an election. on, and they will not have a delivery alty greater than, it is 6 months in jail b 2245 capability, and we will have to make and deportation if you enter the United States illegally today. And if the House So progress can be made every day as sure that they do not by using every Resolution 4437 should pass the Senate soon as they are squared away and in means at our disposal before the mili- with the President’s signature on it, it shape. tary option is required. The next phase is the economic solu- Those are two of the situations here, would make it a felony. That would be tion in Iraq. And they have so much Mr. Speaker. And then as some other a year and a day penalty instead of 6 more opportunity than Afghanistan. things flow through my mind, and I months. But regardless, it is still a But the oil that is so rich there, up look at the situation here in the crime to enter the United States. It is around Kirkuk and down around Basra, United States, we are quite a country. a crime to go to work in the United and the natural resources in this coun- And we have had a lot of people pour States illegally. And it isn’t that they try are tremendous. And so I am hope- into the streets of America over the are not criminals. They break the law ful that the Iraqi will realize that they last several weeks. It has been rather every day they go to work. own those natural resources. They are astonishing to watch the foreign flags But I fault, Mr. Speaker, not just the theirs. The United States has taken unfurled in the streets, the American illegals. In fact, I put it in this oppo- the pledge that we are not in there for flags flown upside down, the Mexican site order. I fault the government of the oil, except that we are going to flag flying on top of the flag pole at a the United States, the Federal Govern- want to buy some oil from them. But high school in California with an up- ment. For the last 20 years, the en- they need to have capital invested so side-down American flag right under- forcement effort has diminished incre- they can sink more wells, put in more neath there. mentally year by year for the last 20 pipelines, build more refineries, up- It is interesting to watch the second years. And the Federal Government grade the refineries that they have and wave of demonstrations, when they has the first responsibility to defend be able to get oil flowing out of that seemed to take the coaching a little bit our shores, defend our borders, defend country and cash flowing in. better and put on white shirts and flew our national security. But they let the And I might point out, Mr. Speaker, more American flags. Of course the for- situation get out of hand to the point that it might not be too bad an idea to eign flags were also in their midst al- where there are 3 to 4 million illegals build enough refineries there that they though in significantly fewer numbers. who poured across our southern border could refine some oil that might come And then on May 1, the International within the last year. The Border Patrol from Iran. Those folks over there, they Workers Day, the day where the social- stopped 1,159,000. That would be for are busy processing uranium so that ists and communists around the world 2004. For 2005, that number would be they can have nuclear power in Iran, take to the streets to march and dem- about 1,188,000. Now, they adjudicated supposedly to produce electricity. And onstrate, that was the day that it ap- for deportation in 2004, 1,640 was all. at the same time, they are not refining peared that the movement for advo- And some of those out of that 1.2 mil- their oil, to the point where they have cating for illegal aliens in America ap- lion or so that they did stop, some of to import gas to burn in Iran; a very parently was co-opted by the socialist those were taken to the border and odd thing to think that you don’t have communist movement in the world. sent back through the turnstile. Some refineries to refine all the crude oil Some of the descendents of the Work- were released on their own recog- that you have, but you have to go out ers World Party, the Communist party nizance because it wasn’t a logistically and have nuclear reactors to generate front, I will say, here in the United feasible thing to do to send them back. electricity in Iran when you have got States and also ANSWER, Act Now to Well, some of them come back the plenty of oil, plenty of fuel and yet you Stop War and End Racism, those orga- next day. Some of them come back are not refining it. If it is science that nizations, socialist organizations at within hours of the time that they are they want, they are going after, I best, more akin to Marxist organiza- sent back to their home country. think, the wrong science. tions, are bringing people to the streets This number keeps growing and it But no one really believes them, Mr. to demonstrate in the United States. keeps ballooning, Mr. Speaker, and we Speaker. They have made plenty of What a concept, Mr. Speaker, to get must do something. And I think Demo- noises about going down the path of es- people to walk off their jobs, to walk crats and Republicans agree that we tablishing nuclear weapons and the out of their schools and plug the need to control our borders. means to deliver them, and they have streets and refuse to do business with As Congressman GINGREY says, when made a lot of threatening noises, and anybody that is, I will say, a non-His- you are in an emergency room in a hos- they have threatened to annihilate panic American, and then argue that pital and you get a patient that comes Israel. And they have said if the United this is a day for all immigrants, when in and they are bleeding all over the States does anything evil, they are they are seeking to punish their em- place, you don’t stop and debate about going to attack Israel. They don’t de- ployers and punish the merchants that what you are going to do, how you are fine evil, except they define us as evil. they would normally do business with going to clean up the mess; you stop And so the odds of being able to resolve and by walking out the schools, some- the bleeding first and you stabilize the the issue with Iran gets slimmer and how figure that they are punishing the patient. And that is what we sought to slimmer each day. schools instead of the students. Not a do here in this House with H.R. 4437.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.210 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2093 Stop the bleeding, stabilize the patient, any verification that they actually go zation, under a common cause, a com- get control of our laws, enforce them, home or stay home. Some we do verify mon sense of history, a common lan- and then begin a debate on what to do they went home, but we can’t verify guage. And a common language is es- about how to get the patient rehabili- that any of them stayed home; this sential to any country. population is growing. tated again, after we get this patient b 2300 stabilized. We can’t do both of these The Border Patrol would say that things at once, Mr. Speaker. But we do there is another 2 to 3 million that get In fact, I went through the World need to do some things to pull this by that don’t get stopped every year Book Encyclopedia. I went to the alma- country together. compared to the million that get nac and looked up all the flags of all Mr. Speaker, again, it is important stopped. So if this number in the the countries in the world, set it down for us to bring some stability to this United States is 3 million or more beside the World Book Encyclopedia, immigration issue. It is a national se- extra every year, some will die, yes, looked them all up to see what is the curity issue. This is a national security and some will go back home. That is official language. Every country that is issue as much as the global war on ter- true. And some will become citizens by registered in the almanac with a flag, ror is a national security issue. And hook or by crook, but there will still be what is their official language? Every the statistics that I have looked at tell a significant increase in the United single country in America has at least me that we have a slow-motion ter- States. And I think that number in- one official language, except the rorist attack going on in the United creases substantially, perhaps 2.5, United States of America. We do not States that comes across our southern maybe even as much as 3 million a have an official language. We just have border. year. That would take us on up to 20 a common language called English. All Now, some will say that if I point out million or more in this country, not 11 the rest of the countries saw the wis- the crimes of anyone coming into the or 12 million. That is a more reason- dom of binding and tying any country United States, that somehow I am la- able number. And if you think that the together with a common language. beling everyone who illegally comes numbers could be 20 million or more, The Israelis, when they established into the United States as a violent then it is easier to understand how you their country in 1948, and I believe that criminal. And of course, we know that could have 28 percent of our criminal anniversary was just yesterday or the is not true. aliens in the penitentiaries. So this day before, they established it from About 11,000 illegals cross our south- problem is a lot larger than most peo- 1948 until 1954. In 1954, they established ern border every day. If they were all ple think. And it comes down to this: If Hebrew as their official language, and murderers, we would double our mur- we had enforced our borders, if we they did so because they needed a com- der rate practically just with 1 day’s hadn’t allowed any illegals to come mon language to bind them together, a supply. No, that is not the case. But into the United States, if we would common form of communications cur- the crimes that are committed by have enforced our domestic laws so rency, if you will, Mr. Speaker. those who enter this country illegally when people violated immigration laws So people have understood that are in significantly greater numbers internally, domestically; if we did throughout the ages. That is some- than the crimes that are committed by those things, then we wouldn’t have il- thing that has been known since Bib- American citizens, to the extent that legal aliens in America to commit the lical times, how powerful a common 28 percent of the inmates in our prisons crimes. And that would equate and ex- language is. in the United States are criminal trapolate down to 12 fewer murders Mr. Speaker, I propose that we move aliens, 28 percent. And that includes every day, 13 fewer people that die at that kind of legislation and that we es- our city, our county, our State and our the hands of negligent homicide, pri- tablish an official language here in the Federal penitentiaries. And they vary marily the victims of drunk drivers, at United States and do so for the pur- only 1 or 2 percent above or below, but least 8 little girls that are victims of poses of pulling our people together. they average 28 percent. And it costs us sex crimes on a daily basis, and that We are being fractured by worship- $6 billion a year to provide for the in- number could be well higher than that ping at the alter of multiculturalism. carceration of the criminal aliens, and because the average predator, perpe- When that first came forward and I that is just the Federal dollars to trator commits and is convicted on at dealt with it, however many years ago, speak of. And once we reach down into least 3.6 victims. And that is the ones 30 years ago, perhaps, or more, when I the cities, into the counties, there are we find out about. There are many oth- first began to hear the term other numbers out there that would ers that are not reported. In fact, they multiculturalism diversity, I really ac- grow that greater and greater. It is a statistically say that there might be tually thought, fine, this sounds good, minimum of $6 billion. And these num- only 10 percent that are actually re- gives us an opportunity to recognize bers that I have come from, their ported. These numbers are small num- other cultures, other civilizations. Peo- SCAAP funding, the State Criminal bers. They are the conservative side of ple have things to be proud of. It is Alien Assistance Plan. And all States the numbers, not the larger side of the constructive. It is positive. And I went don’t apply for SCAAP funding. So we numbers. my merry way as kind of an endorser know that these numbers are low num- This is a slow-rolling, slow-motion of multiculturalism and diversity. bers, not high numbers. But it is cer- terrorist attack on the United States As the years unfolded, Mr. Speaker, I tain that there are more. I am just not costing us billions of dollars and, in came to a different conclusion. I came certain how many more. But I can fact, thousands of lives, and we have an to the conclusion that identity politics stand on 28 percent. obligation to protect the American were tearing America apart. Our rights Now, that means then that criminal people, and that means seal and pro- come from God, and they are guaran- aliens are committing 28 percent of the tect our borders. And if we are able to teed to individuals, not to groups. God crimes in the United States. And so do that, down the road a few years, blesses us all equally and creates us all that means 28 percent of the murders, once it is established, we could have a in His image; and He does not draw dis- 28 percent of the rapes, 28 percent of legitimate discussion about whether we tinctions between us based upon skin the violence and the assaults and bat- could have a guest worker plan, wheth- color, ethnicity, or any other charac- tery, first- and second-degree murder er we could open the greencards. But teristics that we might want to be part and also manslaughter attacks are today we haven’t demonstrated that of. And yet we insist upon dividing our- committed by criminal aliens. there is going to be enforcement. And selves up and calling it ‘‘diversity.’’ Now, I think that is one of the rea- without that demonstration of enforce- And I think ‘‘diversity’’ really stands sons that I believe the illegal popu- ment, I am not willing to go a step fur- for ‘‘division.’’ lation in America is greater than those ther and to insist that there will be en- So I did a little experiment. I went numbers that we are seeing. And I forcement. on the Web page at home, Iowa State can’t imagine how, if 3 to 4 million But in this country, Mr. Speaker, we University, typed in come into the United States, and we need to have cultural continuity. We ‘‘multiculturalism’’ and looked up the may be direct, we tell over a million, need to pull together as a people. We student organizations that are there. It 1.2 million, go home, but we don’t have need to pull together under our civili- is quite an interesting list, all identity

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.212 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2094 CONGRESSIONAL RECORD — HOUSE May 3, 2006 politics. It starts with African Stu- low through and finish the task, what- the floor of this Congress, Mr. Speaker, dents Association, and there are 50 of ever it takes. We have the resolve to do and say so, rather than do this in some them, and it ends with Zeitgeist. And that. kind of way that opens the gate and in the middle of that you will see the We are watching as millions pour lets the American people find out Identifying as M.E., the Multi-Ethnics. across our Southern border, and we are about it after it is too late. That is one of my favorites. They could establishing some policy here in this With that, I thank the Speaker for not come up with a label, so they city over the next few weeks that will his indulgence. called themselves Multi-Ethnics. establish the destiny of America. If we f But you have Amnesty International, do not have the will to establish our THE 30-SOMETHING WORKING Asian Pacific American Awareness Co- border and control our border, we can- GROUP alition, Benefiting the Education of not be a Nation, if we let people come Latinas in Leadership Academics and into America illegally and then they The SPEAKER pro tempore (Mr. Sisterhood, Black Graduate Student are the ones that are establishing our GOHMERT). Under the Speaker’s an- Association; and before you can get immigration policy, not us here in this nounced policy of January 4, 2005, the there, you need to be part of the Black Congress. gentleman from Florida (Mr. MEEK) is Student Alliance, the Brazilian-Por- The Constitution gives Congress the recognized until midnight as the des- tuguese Association, the French Club, authority, Congress the responsibility, ignee of the minority leader. Mr. MEEK of Florida. Mr. Speaker, the Iowa State Ukrainian Club, the to establish immigration law. We need once again, it is an honor to address Japanese Association, the Kenya Stu- to do that. We need to do that after a the House; and, as you know, we are dents Association, Latino Heritage national debate. here once again with our 30–Something Month. The list goes on and on and on, But we will hear story after story Working Group. Mr. Speaker, 50 strong, identity poli- after story of how people have put down their roots and now we cannot I am so glad to be joined here tonight tics, all of them viewing themselves as by my good friend and colleague, Mr. somehow disenfranchised, not having ask them to go back. But I will submit, Mr. Speaker, that what we need to do BILL DELAHUNT, who is part of the the same kind of access or the same something of the 30-Somethings. I will is seal the border, build a fence to do kind of privileges or opportunities or be joining him soon come September. that, build it as tight as we need to to rights maybe as someone else. Except Also, Mr. RYAN from the great State of make it effective. We need to end for those that identify themselves as Ohio has joined us tonight; and others birthright citizenship that is creating the Identifying as M.E., which stands will be joining us as we work on the these anchor babies. for Multi-Ethnic. So they finally found issues that the American people really one that was generic. We need to shut off the jobs magnet by applying employer sanctions, by care about. Perhaps I fit in there also, Mr. As you know, here in the 30–Some- passing my legislation, which is called Speaker. But I thought, well, that is thing Working Group, Mr. Speaker, we New IDEA, H.R. 3095, which is the New Iowa State and they are a Midwestern come to the floor to not only share fairly conservative institution. Illegal Deduction Elimination Act, with the Members but also with the So what about Berkeley? So we typed that lets the IRS remove the deduct- American people on what is going on in Berkeley and did a little search on ibility of wages and benefits paid to here under the Capitol dome and also student organizations there. The Uni- illegals. When that happens, it will what is not going on. I think the whole versity of California, Berkeley, they take the cost of a wage from, say, a $10 reason why we come to the floor is to came up with 118 of these identity poli- wage to an illegal, by the time the tax- be able to share not only what Demo- tics groups on campus there. able component are factored in, take it crats are doing here under the dome. We are using up our resources sup- on up to $16 an hour. That gives the Sometimes we are able, when we are porting organizations that are designed American a chance to do the work or lucky, Mr. Speaker, to get some Mem- to identify the differences in us, not someone on a legal green card, rather bers on the Republican side of the aisle the commonalities, designed to divide than someone who is here illegally. to come and work on some of the issues us, not to pull us together, Mr. Speak- This is the United States of America, that we are working on, issues that we er. And it is in the end going to pull us Mr. Speaker. We need to stand on de- care about not as Democrats but as apart, pull us irrevocably apart, if we fending our borders. We need to seal Members of Congress, what we should do not pull ourselves together and pro- the border. We need to build a fence. be doing to make sure we spend the vide for some cultural continuity. We need to end birthright citizenship. taxpayers’ dollars wisely. So I will submit, Mr. Speaker, that We need to shut off the jobs magnet, This is happening time after time we need to establish English as the of- pull ourselves together as a Nation in again as we look at this whole issue of ficial language of the United States. unity, and people will go back home price gouging, as we look at oil prices. We need to stand up together and say, when their job opportunities start to On the Democratic side of the aisle, enough of this identity politics, enough dry up here. We will not have to make not 2 months ago, not 3 months ago, of this division politics, enough of the that decision for them. The decision not even 4 months ago, but last year idea that you cannot be an American will be made. They got here on their the Democrats on this floor, and prior unless somehow you are part of this own. They can go back on their own. It to last year, have had amendment after beautiful multicultural mosaic with a is not a matter of trying to deport 12 amendment shot down by the Repub- particular identifier on you. million or 22 million people. lican majority who have been hand in It was good enough for Teddy Roo- But I would submit, Mr. Speaker, hand with the oil companies that have sevelt to be just an American. In fact, that if the Senate passes and this been standing with them and making he insisted upon it, Mr. Speaker. And I House should pass and the President sure that they had a bill, an energy insist upon it as well, that we must should sign a guest worker program bill, that they felt comfortable with, pull together in that fashion. And if we that might well have 22 million people from the beginning to the end, to the fail to stay in touch with our Constitu- who have a fast track to citizenship, well-documented strategy meetings in tion, with our history, with our com- they will also be able to invite in their the White House with the Vice Presi- monalities, if we fail to pull together immediate family. If each one of them dent. And this is not what I am saying. in the same harness, Mr. Speaker, then invites just simply four of their imme- This is what the news reports have shame on us. This country will be diate family in, a father, a spouse, and said, and this is what the White House weaker; and this country, in fact, may a couple of children, just four, that has admitted to and oil companies have not survive the attacks that are upon means 88 million new ones that are not admitted to, that they had an oppor- it. calculated here. Add that to the 22 mil- tunity to sit down and outline the en- So, rather than go into the balance of lion or so that are here, and you have ergy policy in this country that would the solutions for America, Mr. Speak- the entire population of Mexico benefit them. er, I just would conclude with this, brought into the United States in a When we had legislation on the floor that they are doing great work in Iraq. single generation. If that is our intent, that we will be pointing out here to- We are committed there. We must fol- we ought to have the will to stand on night, third-party validators out of the

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.214 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2095 CONGRESSIONAL RECORD that talked they just waking up? This is not a re- of this in motion. Now they are trying about it time after time, when we had cent problem. Because the truth is, to act like they had nothing to do with real price gouging legislation on this they can talk about Democrats. They it. ‘‘Oh, my God, the oil prices are hor- floor, not because our bills were able to can talk about problems that are out rendous. We need to do something make it to the floor but in the forms of there that are real and that are seri- about it.’’ amendment, the Republicans shot it ous. But they are Washington. They They were a part of making it hap- down on partisan votes time after own this town. They run this institu- pen. time. I am talking about criminal pen- tion. They run this government. If Mr. RYAN, since we are talking about alties for oil companies when they there is a problem with the price of oil, The Today Show, we don’t want to gouge Americans, fines up to $3 million or if there is a problem with immigra- even get into what happened with Tim when they are caught gouging Ameri- tion, or if there is a problem with Russert effort this past weekend about cans. But the Republican majority shot health care or the environment, they the oil prices and individuals admit- it down on a partisan vote. had the power to address it. ting the reasons why they are where But before I yield to Mr. DELAHUNT, I What I would suggest is that they they are. just want to say once again I would have failed. They have failed. They I would say this: If we were in charge, like to thank our Democratic leader- have been unable to get their act to- if we were in charge, Mr. Speaker, ship for allowing us to have this hour gether. They could build fences. They there would be a line outside of this once again on the floor like we do al- could have kept the price of gas down. door of Republican Members of Con- most every night or every night, some- They didn’t have to get us into this gress coming to the floor saying what times twice a night, when we have the mess in Iraq. the Democrats are not doing. opportunity to come to the floor, Mr. But that is what they have done. Now, on oil and gas, we tried to cor- Speaker: our democratic leader, Ms. That is the legacy of this White House, rect this situation long ago. The ques- NANCY PELOSI; also our whip, Mr. confirmed with the stamp of approval tion of price gouging, or can we inves- STENY HOYER; Mr. JIM CLYBURN, who is by this Congress. tigate oil companies or not, would not our chairman; and Mr. LARSON, who is Mr. RYAN of Ohio. I think the over- even be on the table, because we would our vice chairman; and all the Demo- all point, as you stated, is exactly cor- have price gouging legislation on the cratic ranking members and other rect. But when the time came, Mr. books that are criminal, that are folks that work every day, Mr. DELAHUNT, Mr. MEEK, when the time criminal, and have $3 million fines. DELAHUNT, and you know, offering came for the Republican Party to mus- Right now, individuals investing in amendments in committees. Like Mr. ter up enough votes to make sure a oil companies, they are getting paid. RYAN and I just left our Armed Serv- person making $10 million—— They are getting their money. Mean- ices Committee, offering amendments Mr. DELAHUNT. But, Mr. RYAN, while, the headlines in the Today, this that would not only help our men and they are in charge here. They have to was actually Wednesday, today, May 3, women in uniform but the American muster up the votes. Where were they? here is this lady thinking about how people in general. With all due respect to my friend from much she can pump in. I guarantee you I will be happy to yield to Mr. Ohio, they are in charge of the border. she cannot even fill her tank up, be- DELAHUNT at this time. They are in charge of immigration. cause the gas prices are so high. Mr. DELAHUNT. Mr. Speaker, to- They are in charge, period. And what So I am going to go through what I wards the end of the hour this past have they done? They have failed. said last week. If you are a Republican hour, my good friend from Iowa spoke Mr. MEEK of Florida. Mr. DELAHUNT, and you are the head of the Republican about a variety of different subjects; you know what they have done? Any- club, or whatever it may be in your and he made mention of what we ought thing the President said he wanted, local community, you have to have a to have done in terms of immigration they rubber-stamped it. Anything that problem with this. If you are a Repub- and other issues. In part I agree, and in the oil industry said that they wanted, lican, you have to have a problem with part I disagree. they rubber-stamped it. Any problem the record-breaking borrowing we are But I think what is important and it where the American people says, why taking out from foreign countries. You cannot be stated often enough, what- is the card stacked against me policy- have to have a problem with the hand- ever the problem is, whether it be the wise, whether it be health care, wheth- in-hand relationship this administra- mismanagement of the reconstruction er it be prescriptions, what have you, tion and Republican Congress has had phase in Iraq, whether it be the price of they have rubber-stamped it. with big oil. You have to have a major gas at the pump, whether it be illegal If you watched The Today Show just problem with it. Independents, I know immigration into this country, it this morning, Mr. DELAHUNT, Mr. that you are just done with this Repub- comes back to one basic fact: that over RYAN, Matt Lauer had the CEO of lican majority. the course of the past 6 years, 6 years ExxonMobil on. Let me give credit to Mr. DELAHUNT. If the gentleman now, this country has been presided the CEO of ExxonMobil, because the would allow me, the energy bill that over by a Republican administration. other oil companies would not com- passed this Congress just about a year President George W. Bush was elected ment. ago, in June 2005, Mr. MEEK, Mr. RYAN, in the year 2000. It is now 2006. One of the questions was, do you feel Mr. Speaker, that was a bill that was Back in 1994, Mr. MEEK and Mr. that the Republican majority in the passed by the Republican majority. It RYAN, this House saw for the first time Congress have turn-coated on you now? was passed with only minimal support in 40 years a Republican majority. Have they switched on you now? Now from Democrats. Across this Capitol building, the Sen- they are running politically scared. Do you know what the cost of a gal- ate has been controlled for most of the Now they are willing to take windfall lon of gas was when you pulled up at past 10 years and is currently con- profits away from you. Now they are that gas station back in June of 2005 trolled by the Republican Party. willing to go forth on price gouging when this House passed and the Presi- So what I really cannot understand is legislation. Do you think they turned dent signed the Republican energy bill, why have all these things not been ad- on you? Mr. MEEK, Mr. RYAN? It was around $2 dressed? What has happened to our bor- The ExxonMobil CEO never answered a gallon. Let me answer my own ques- ders? There are laws on the books now. the question. But it is very obvious, tion. We have had waves of illegal immigra- like you said, they are in charge. It is Now, do you know what? It is just tion coming across our borders for the almost like the old saying, ‘‘the buck about a year later, and the fact is a past 6 years. stops here.’’ The Republican majority year after this Republican majority doesn’t want to admit to that now. passed their bill, their energy act, gas b 2315 Now they are writing letters saying, is now $3 a gallon. $3 a gallon. They run My friend from Iowa was talking maybe we need to do this and maybe this institution. They pass the laws about how many come across daily. we need to do that. But these are the here. This is their bill. This is their $3 Where has this administration been? same individuals, our colleagues on the a gallon problem. It is all of our prob- Where has this Congress been? Are majority side of the aisle, that put all lem, but the consequences of what they

VerDate Aug 31 2005 05:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.215 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2096 CONGRESSIONAL RECORD — HOUSE May 3, 2006 have done for the oil and gas industry Also the New York Times, 3–29–06. You to work, trying to be a part of the in this country translates into a prob- can get these articles if you want to American dream, small businesses are lem for all Americans. read up on them. scratching their heads saying, do we Mr. RYAN of Ohio. This reminds me Last year, $9.5 billion in subsidies in have to go up on a per-unit cost in the of when a football team or a basketball last year’s energy bill went to the oil hardware store because of the fuel team hires a new coach. They get a companies. $9.5 billion. $16 billion first prices? coach and usually give him a 5-year quarter profits for the top three oil Maybe just maybe it would not be a contract and give the coach a chance companies. That is the Washington discussion if this special interest did to go out and get their recruits and get Post, 4–28–06. not have the Republican majority them into the system. If you are not Record CEO salary pack packages. blocking for them and legislating on winning by the time you have your sys- Look this up if you want to. This is not their behalf. So when we see those let- tem in place and your players on your the Kendrick Meek report. This is what ters that are written by the Republican team or your draft picks on your team, is being reported on ABC News, 4–14–06. majority in the House or the Senate to by the fifth year, done. You go. Right? Big oil companies have given to the President saying, well, maybe we You had your chance. Bush-Cheney and Republicans more need to do this, and maybe we need to That is exactly what my friend from than $20 million in campaign contribu- do that. Massachusetts was saying: This Repub- tions. Congressional Daily a.m., that is People that do not have power write lican Congress has been in charge since 4–28–06. I will be happy to share this, those kind of letters, not the individ- 1994. The President has been in since and this will be on the Web site later. uals that are in power. I am going back 2000. The Senate is controlled by Re- More than $70 million to Bush and to your point, Mr. DELAHUNT, because publicans and has been for at least 10 his Republican colleagues since 2000. you are saying if you are in charge, I years, with a brief period of Demo- Republican Daily, a.m., that is the am not talking about if you just picked cratic control, barely. They have had a local magazine here that is printed up power last year. I am talking about chance to make their implementations, here in the Capitol, 4–28–06. double digit years, a majority in this put their policies into place, energy, Eighty-four percent of big oil and gas House, a Republican President that has immigration, taxes, whatever the case campaign contributions went to Repub- been in office since 2000. Now it is 2006. may be. licans in the last 24 months, Congres- Because I guarantee you, if this was It hasn’t worked. It is time to get sional Daily a.m., 4–28–06. 2002, Mr. DELAHUNT, they would be new coaches, time to get new players, This is not put out by the Demo- talking about, well, this is Bill Clin- time for a new draft. In November of cratic Party or the DNC or any of these ton’s fault. But they cannot say it with 2006, we have a draft. What we are say- groups. These are news organizations a straight face. So I am going back to ing is here is our agenda. Here are the that are just reporting on what is going your original point, Mr. DELAHUNT. plays we are going to run, the innova- on here in the Capitol. And I know you have a couple of arti- tion agenda, the energy agenda, the Bush-Cheney got more than $2.6 mil- cles to share with us tonight. I am real security agenda. lion in ’04 from the oil companies, Con- really looking forward to those articles I can guarantee you, there is going to gressional Daily a.m. 4–28–06. because I think it is important that we be nobody on the Democratic side when The cost of corruption to the Amer- continue to bring out the third party we take over this House in November ican people, when you talk about this validators. of 2006 that you are going to be able to kind of influence that is going on here, I think that is the reason why, Mr. put in place of the President here hold- this unprecedented giveaway to the big Speaker, that the 30 Something Work- ing hands with one of the most power- oil companies, $3 per gallon, the oil ing Group, we get the nod from people ful oil leaders in the entire world, Mr. price doubled since 2001. Almost $75 per here in this Capitol, be it Republican, MEEK. barrel of oil, up from $44 a year ago. Democrats or Independents who work Mr. MEEK of Florida. Mr. RYAN, Mr. That was reported on 5–3-06. here. They are saying, we appreciate, DELAHUNT, I did jot down a couple of I think it is also important, I just Ms. WASSERMAN SCHULTZ, what you all notes here before we came to the floor. want to point out, when folks talk do on the floor, of sharing with folks of Mr. Speaker, I just want to share a about, okay, you are reporting news what is happening here in this Capitol little bit with the Members of the that we might have already read, Re- building. facts, not fiction. publicans voted against the tough pen- Because I can tell you that at no I am not a Member with a conspiracy alties we talked about and price other time in the history of this coun- theory, but I am here to say that we gouging, $100 million on corporations, try did we have the kind of over spend- know that Republicans, I am going to as well as up to $1 million in fines or 10 ing, the borrowing, the reach of the point out where they, Mr. DELAHUNT, years in prison or both for individuals. private sector into this great country, have blocked Democratic efforts to That was CQ vote 500, H.R. 3402, 9–28–05. this democracy of ours, and having the deal with the price gouging situation. Republicans rejected that. kind of influence that they have and Now they are running for political They rejected another one where we having this lady here, who is just try- cover and scrambling to join Demo- came back with even tougher penalties, ing to make her way out of nowhere, crats. That is actually an article in the up to $3 million with the same pen- putting gas in her tank. Washington Post from May of 2006. The alties, vote 517, H.R. 3893, and that was She is probably squeezing the pump Democratic ideas about energy inde- 10–7-05. It goes on with other votes they saying, I cannot go over $30 because I pendence, conservation and efficiency rejected. Another one on 10–7-05. We am already outside of my budget. that benefits all of Americans, they are tried it time after time again, Mr. Meanwhile, there are folks running now trying to pick up those ideas and Speaker. The Republican majority has around here with suits being driven in trying to run with them. But it is not blocked these measures that we have black limos with $4 million pension a good faith effort, because the oil in- tried to put forth. plans, $150,000 a day in a pension plan. dustry will not allow them to do so. We There is no question, Mr. DELAHUNT, And then we got folks out in Mr. know about the Vice President CHE- if we were in the majority, we wouldn’t RYAN’s district that are being laid off NEY’s secret energy task force/working be on the floor talking about what was that do not even know if they are going group with big oil to write the Bush- blocked. to have a pension when it is all over. Cheney and Republican Congress en- Mr. DELAHUNT. Mr. Speaker, I ergy plan. b 2330 guess the question is to the majority in That was in the Washington Post, We will be on the floor talking about this House and to this administration, Mr. Speaker, in case the Members want what we passed. Maybe just maybe, Mr. where have you been? What have you to get a copy of it, 11–16–05. RYAN and Ms. WASSERMAN SCHULTZ, done? Well, you passed last year the so- Bush-Cheney and the Republican col- that question of price gouging, the called Energy Policy Act. And that ba- leagues gave their backing to big oil, question of preying on the backs of the sically provided welfare to Big Oil. It $20 million in royalty fees for drilling. American people who are just trying to produced in excess of $14 billion of tax That is the New York Times, 2–14–06. drive their kids to school, trying to go incentives and subsidies to Big Oil. All

VerDate Aug 31 2005 05:28 May 04, 2006 Jkt 049060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.216 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2097 the while their industry, Big Oil, is ex- we have talked about these things be- Huge increases in the cost of heating periencing record, record profits. fore. ourselves in our homes during the win- In 2001, the five major oil companies The United States Government owns ter, and similarly dramatic increases in the aggregate had $34 billion of prof- the land and the rights underneath in the cost of cooling ourselves in the it. In 2005, as a result of the Republican where the oil companies are given per- summer, and for those particularly energy policy, the oil companies re- mission to drill. We give them permis- who live in the southern part of our corded historic profits in the amount sion. And in exchange for that permis- country. of, can you help me, Mr. MEEK, read sion, they are supposed to pay us taxes. That is the energy policy. But part of that? Does that say $113 billion? They are supposed to pay the United that energy policy is to ensure that Big Ms. WASSERMAN SCHULTZ. Mr. States Government for those drilling Oil in this country reaps record profits, Speaker, it is a pleasure to join my 30 rights. Yet in the legislation last year, and simultaneously receives corporate Something colleagues once again. we forgave those taxes. We basically welfare. That, let me suggest to my Mr. DELAHUNT. Is that 113 billion? gave them the oil that they drilled for friends, is the Republican energy pol- Ms. WASSERMAN SCHULTZ. That is for free, and now we are letting them icy, period. $113 billion in 2005. sell it to us and our constituents for Now they are panicked. Let us be Mr. DELAHUNT. So in 2002 it was $34 ungodly amounts of money so that honest. Now they are running around. I billion of profits for Big Oil. And in the they can make ungodly amounts of think it was the majority leader in the space of 4 years, actually 3 years, that money. Senate. You know, they obviously are has trebled to $113 billion. On top of that, it is not even like it polling. It is an election year. And Now, maybe I am simple minded. But was a breeze to pass it. You know, you what is clear is that the American peo- why would this Republican Congress had Republicans here who were not al- ple are waking up and are dem- and the White House feel the need to lowed to vote their own conscience be- onstrating their anger. pass an energy bill that was all about cause from what I have noted, they all So they come in with not proposals protecting the subsidies to the oil com- check their consciences at the door that would, for example, increase the panies while there are record, historic there and leave them out before they miles per gallon of our motor vehicles, profits? come in this room, so that there arms but let us give everybody, every voter Mr. Speaker, can somebody please can be pressed behind their backs. a $100 rebate if they own a car. explain that to me? And do not tell me And the board up here, it shows how I mean, that is laughable. That is we are voting, it is like a Christmas about, you cannot drill here and you really laughable. And how are they tree. It goes from red to green, green to cannot do that, and you cannot do this. going to get the $100, Mr. Speaker, to red. Really I am not sure where their And if Democrats only whatever, fill in give to every voter? They are going to moral conviction is, because it cer- the blank. This is the Republican pol- go and they are going to borrow the tainly is not in this room when they icy. money. They are going to borrow the are voting. They held one of those This is the Republican House of Rep- money from somewhere. OPEC. China. votes open on the Energy Bill that we resentatives. This is the Republican Japan. Korea. So in a difficult political did, I think this was last summer, for White House. The consequences of that situation, with elections looming, they 40 minutes, if you recall, so that they policy, the consequences of that policy are going to buy off the voter with $100. could ensure that they gave that gift is the $3 plus per gallon price to the av- Mr. RYAN of Ohio. And that will cost to the oil companies. erage American as he or she goes into $10 billion just to pay for it. that gas station. That is what it trans- It was unbelievable. And we were al- ready in the middle of a summer of Mr. DELAHUNT. That is a $10 billion lates into. And Democrats have had high gas prices. And we have here an- bill. And we do not have the money, nothing to do with it because you are other chart. And I think we have an- Mr. Speaker, to do that. We do not Washington, Mr. Speaker, you are other one as well that shows the evo- have the revenue to do it. We have to Washington. lution of gas prices. go into the financial markets and bor- Ms. WASSERMAN SCHULTZ. Mr. But, we are now paying 100 percent row that money. And this administra- Speaker, as I pointed out before, I have more for gas than when President Bush tion has established another record only been here 14 months, 15 months first took office. 100 percent more. The which is that more than 80 percent of now. And a few things have happened rubber stamp Republicans, our rubber the money that we have borrowed that have just absolutely floored me. stamp Republicans right there, you comes from overseas, Mr. Speaker, One of the things that has occurred was cannot call it any other thing other from the Chinese, from OPEC nations. the two votes we had last year on en- than what it is. Literally last summer And you have the chart right there, ergy legislation, energy legislation they let themselves be led off a cliff, Mr. MEEK. So we go and we borrow the that the Bush energy department pre- led by the nose to do whatever it is money from foreign central banks, dicted would raise gas prices. And it that the leadership decided they were from foreign investors, to buy off the did. going to do for the oil industry. American voter at $100 per, because the But if you recall, we had an oppor- Mr. DELAHUNT. I do not even want American people are angry as a result tunity as Members to have a briefing to explore the motivation. I mean, of the Republican energy policy that from the cabinet officers, by the cabi- clearly there is a perspective. But I has created a potential disaster for our net officers of the President in this think what is necessary is to put the economy. chamber just last year. facts out in very simple form. And that b 2345 And if you recall, we had the Sec- is really dramatic. The story is told in retary of Energy stand in front of us. very dramatic terms by that chart. Ms. WASSERMAN SCHULTZ. Mr. And when asked a question about why The result of the Republican energy Speaker, I want to take this back down were they not doing anything about policy is when President Bush, working for a second because I think we talk gas prices, and what were they going to with a Republican Congress, came, was about the deficit and the debt a lot, do to bring down the cost of oil, he elected, was inaugurated as the Presi- and some of the things we talk about said, ‘‘Well, we really cannot do any- dent of the United States. By that on the floor are a little hard to wrap thing’’. I mean, that was his point chart, and I am sure it is well docu- your mind around in terms of the blank answer. mented, the price of gas was $1.45. And things the people deal with every day. Now, when we are talking about today it is double. It is $2.91. So, when we boil it down to what peo- prices at the pump, I do not understand That is understandable. And what is ple deal with themselves every day, why our Republican colleagues are not also irrefutable is that during that which is what a tank of gas costs, what pumping up the volume on prices. I time the House, the Senate, and the a gallon of gas costs, this is the evo- mean it is just incomprehensible that White House were in power. And the lution of what has happened under the last year we would have a bill on this consequences, the consequences of Bush administration and their energy floor that not only gave money to the their energy policy, the Republican en- policy. oil companies, to the oil companies ergy policy, has been a doubling in the In 2002, the summer gas price of a gave them money, forgave taxes. And price of gasoline at the pump. gallon of gas was average of $1.39. Then

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.218 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2098 CONGRESSIONAL RECORD — HOUSE May 3, 2006 in 2003, it went to $1.57. Then in 2004, it and at the current minimum wage, a House and coming to some reasonable went to $19.0. In 2005, it went to $2.37, minimum wage worker has to work 38 solutions that have been debated and you know what, in April it was minutes before they can even afford 1 through the committee process and $29.1. It is now over $3. I just paid $3.05 gallon of gas, 38 minutes. I mean, that vetted and studied and looked at, and at home, and it cost me $56 to fill up is just over the top outrageous. I mean, then over to the Senate, and let that my minivan. it really is. happen and then come together with So, when we are talking about what Mr. RYAN of Ohio. If I can make a the administration and make some- goes on up here and how disconcerting comment, thinking about the war and thing happen. and disappointing it is that we have no where we are right now with the whole When you try to govern in secrecy, leadership on the other side and no in- war situation, that was all done in se- you are incapable, FEMA, energy, you terest or ability for them, who clearly crecy. No one knew what was going on. know, education costs, all this stuff, are in charge of this country and who The intelligence was screwed up. Look there is no debate. It is just rule with could make this change, at the snap of where we are now. an iron fist. their fingers if they wanted to, they The energy plan, secrecy, closed Mr. MEEK of Florida. I am going to can stand and say they cannot do any- doors. You are not allowed in, and peo- yield to Mr. DELAHUNT, but first, well, thing to affect oil prices, but the Presi- ple even from these big companies were that kills the whole thing. dent’s been in office 6 years. He had the denying that they were even there, and When you are doing a back-room ability to start right from the get-go then we find out from a White House deal, you do not come out under the and begin investing in alternative en- document a week or so ago that they lights. You do not share how we should ergy and trying to actually move the were there. All done in secrecy, the mold policy in front of the public. You ball down the field when it comes to success of our democracy over the do a back-room deal. changing oil prices, but let us look at years. Mr. RYAN of Ohio. Right. the timeline of what truly has resulted Mr. DELAHUNT. Can I just add one Mr. MEEK of Florida. That is what from the Bush and Republican energy other. The prescription drug benefit, this country is suffering from right plan. so-called part D, there was informa- now, a back-room deal, and the Amer- You have this White House energy tion—— ican people are paying for it. plan that was submitted on May 16, Mr. RYAN of Ohio. To the point Mr. RYAN of Ohio. The end result is 2001, just about 5 years ago now, and where we did not know what the total that chart you have right there behind you can see as you move up that cost was going to be. Ms. WASSERMAN SCHULTZ. It is the $3 a timeline that, with each phase of the Mr. DELAHUNT. There was informa- gallon in gas. It is the no vision for en- plan that has been implemented, this is tion available to the White House that ergy down the line. It is high tuition the increase in gas prices. There is a was not provided to the Congress in costs. It is health care costs spiraling significant correlation between the im- terms of the costs, and now we are out of control for how many years. plementation of their energy plan and faced with profound problems in terms That is the end result of the back-room the increase in the cost of a gallon of of the execution and the implementa- deals that you are talking about. gas. tion of that plan. Seniors are frus- Mr. DELAHUNT. Let me just add an- May 17, 2002, the Energy Secretary trated and confused. The so-called other illustration. announces an effort to implement their donut hole is going to be a stone wall What it comes down to is that let me energy plan under existing law. Gas that many seniors are going to run go back to the Medicare reform issue, prices go higher. into. the so-called prescription drug, just to Go a little further down the road, and But the head of the Medicare trust remind our colleagues and the Amer- it is December 10, 2004, 75 percent of fund told the actuary that was in pos- ican people that there was no consulta- their energy plan that was hatched in session of the White House estimates of tion with Democrats about the pre- that secret meeting, which they refuse the costs of the program, that if he dis- scription drug benefit. In fact, there to reveal who was part of it, 75 percent closed those figures to this Congress, was a so-called conference committee of the energy plan is implemented, and that he would lose his job. In other that should have brought Democrats now we are at almost $2 a gallon, actu- words, do not tell anybody anything. and Republicans together to discuss ally a little bit more than $2 a gallon. It just supports your point about an the proposal, but Republicans in this Then you go over to March 9 of last administration that is shrouded in se- House chose not to even inform the year, 95 percent of their energy plan is crecy, that refuses to be straight with Democrats on that committee where implemented, and we are approaching the American people and, I might add, the conference committee was meet- $3 a gallon. refuses to indulge or to engage, rather, ing. They were shut out. They were August 8, 2005, President Bush signs in genuine consultations with the Con- shut out on that. They are shut out on the energy legislation into law, and gress and particularly Democrats. We energy. They are shut out on consulta- that is when gas literally in some are kept out of any thoughtful, legiti- tions in terms of the war, what led up places hits over $3 a gallon. Now, it has mate, genuine interaction in forming to the war. fluctuated back and forth. We are at policy. I mean, this is a problem of our insti- over $3 a gallon again. That is why, Mr. Speaker, when you tutions being eroded because of the The chart does not lie. It is very are talking about the energy policy, it proclivity of this administration and clear that their plan raised gas prices. is the Republican policy. It is the Re- this Republican Congress to operate be- You have an administration infected publican $2.91 a gallon at the pump, up hind closed doors and keep out the bad with former closely affiliated rep- from $1.45 four years ago. It is your news from the American people and resentatives of the oil industry, all the price per gallon. It is not Democrats. other important policy-makers in our way up to the two people who run this So please do not even suggest that government in our democracy. country. I mean, it does not take a Democrats had anything to do with the Mr. MEEK of Florida. We have a cou- brain surgeon or a rocket scientist to price that is breaking the average ple of minutes left. figure it out. I mean, come on. American family. Ms. WASSERMAN SCHULTZ. The Mr. RYAN of Ohio. Talk about a pic- Mr. MEEK of Florida. Mr. RYAN. only thing I want to add in closing is ture speaking a thousand words. Why Mr. RYAN of Ohio. He just articu- that it is just such a sorry excuse to do we have high gas prices? Why do we lated exactly what I was going to say, say we cannot do anything about gas have the problems? much more eloquently than I ever prices. I mean, their argument is you Ms. WASSERMAN SCHULTZ. You could. So maybe I will just point to cannot snap your fingers and make a want to hear the statistic I heard this picture again, but I think Mr. difference overnight. If they cared at today. DELAHUNT did make the point. all, if the President meant what he said As far as boiling it down what this If I could, the strength of our democ- when he said we should end America’s means for people, $56 to fill up my racy over the years in a bicameral leg- addiction to oil, like he said in his minivan. We have not raised the min- islature is the debate of the minority State of the Union address, then he imum wage since 1997 in this country, party and the majority party in the would have embarked on a plan that

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.220 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2099 would actually do that from the get-go, Mr. STRICKLAND, for 5 minutes, 4] received April 6, 2006, pursuant to 5 U.S.C. but that statement was so disingen- today. 801(a)(1)(A); to the Committee on Agri- uous and so far from what their goals (The following Members (at the re- culture. 7185. A letter from the Principal Deputy are, as evidenced by their action that, quest of Mr. POE) to revise and extend Associate Administrator, Environmental you know, over the next 6 months, with their remarks and include extraneous Protection Agency, transmitting the Agen- election after election, whether it is a material:) cy’s final rule—Trifloxystrobin; Pesticide special election in California or the Mr. POE, for 5 minutes, today. Tolerance [EPA-HQ-OPP-2005-0299; FRL-7759- elections we had last night in Ohio, Ms. ROS-LEHTINEN, for 5 minutes, 9] received March 28, 2006, pursuant to 5 people will let folks know here what May 9. U.S.C. 801(a)(1)(A); to the Committee on Ag- they think of the policies that are Mr. BISHOP of Utah, for 5 minutes, riculture. 7186. A letter from the Principal Deputy being established. May 4. Associate Administrator, Environmental Mr. MEEK of Florida. If Mr. Mr. MACK, for 5 minutes, May 4. Protection Agency, transmitting the Agen- DELAHUNT would take Mr. RYAN’s re- Ms. FOXX, for 5 minutes, today. cy’s final rule—Flonicamid; Pesticide Toler- sponsibility, and give the Web site to (The following Member (at his own ance [EPA-HQ-OPP-2004-0321; FRL-7769-1] re- the Members, please. request) to revise and extend his re- ceived March 28, 2006, pursuant to 5 U.S.C. Mr. DELAHUNT. Sure. Our e-mail marks and include extraneous mate- 801(a)(1)(A); to the Committee on Agri- address is www.housedemocrats.gov/ rial:) culture. 7187. A letter from the Principal Deputy 30something. Mr. GOHMERT, for 5 minutes, today. Associate Administrator, Environmental Mr. MEEK of Florida. Mr. Speaker, I f Protection Agency, transmitting the Agen- thank Mr. DELAHUNT. Your contribu- cy’s final rule—Fenpropimorph; Pesticide tions tonight have been well-noted, and SENATE BILLS REFERRED Tolerance [EPA-HQ-OPP-2005-0105; FRL-7761- I want to tell you that it is a pleasure A bill and a concurrent resolution of 3] received March 28, 2006, pursuant to 5 being here on the floor with you and the Senate of the following titles were U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. RYAN and Ms. WASSERMAN SCHULTZ taken from the Speaker’s table and, riculture. once again. 7188. A letter from the Principal Deputy under the rule, referred as follows: Associate Administrator, Environmental Mr. Speaker, we would like to let not S. 1003. An act to amend the Act of Decem- Protection Agency, transmitting the Agen- only the Members of the House but ber 22, 1974, and for other purposes; to the cy’s final rule—Fenhexamid; Pesticide Toler- definitely the Democratic leadership Committee on Resources. ance [EPA-HQ-OPP-2004-0328; FRL-7769-6] re- echo the message that has been given S. Con. Res. 91. Concurrent resolution ex- ceived March 28, 2006, pursuant to 5 U.S.C. out here tonight. We are ready to lead, pressing the sense of Congress that the 801(a)(1)(A); to the Committee on Agri- we are ready to work in a bipartisan President should posthumously award the culture. way in putting this country back on Presidential Medal of Freedom to Leroy 7189. A letter from the Principal Deputy the track, heading in the right direc- Robert ‘‘Satchel’’ Paige; to the Committee Associate Administrator, Environmental on Government Reform. Protection Agency, transmitting the Agen- tion, making sure that our children cy’s final rule—Maine: Determination of have a great future, making sure that f Adequacy for the State Municipal Solid small businesses are able provide jobs ENROLLED BILL SIGNED Waste Landfill Permit Program [FRL-8024-2] and making sure that families can af- received January 19, 2006, pursuant to 5 ford health care. Mrs. Haas, Clerk of the House, re- U.S.C. 801(a)(1)(A); to the Committee on En- ported and found truly enrolled a bill ergy and Commerce. f of the House of the following title, 7190. A letter from the Principal Deputy LEAVE OF ABSENCE which was thereupon signed by the Associate Administrator, Environmental Speaker: Protection Agency, transmitting the Agen- By unanimous consent, leave of ab- cy’s final rule—Clean Air Act Approval and sence was granted to: H.R. 3351. An act to make technical correc- Promulgation of Air Quality Implementa- Ms. SLAUGHTER (at the request of Ms. tions to laws relating to Native Americans, tion Plan Revision for North Dakota; Revi- PELOSI) for today after 6:00 p.m. and and for other purposes. sions to the Air Pollution Control Rules; May 4. f Delegation of Authority for New Source Per- f formance Standards [EPA-R08-OAR-2005-ND- SENATE ENROLLED BILL SIGNED 0002; FRL-8011-1] received January 19, 2006, SPECIAL ORDERS GRANTED The SPEAKER announced his signa- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By unanimous consent, permission to mittee on Energy and Commerce. ture to an enrolled bill of the Senate of 7191. A letter from the Principal Deputy address the House, following the legis- the following title: Associate Administrator, Environmental lative program and any special orders S. 584. An act to require the Secretary of Protection Agency, transmitting the Agen- heretofore entered, was granted to: the Interior to allow the continued occu- cy’s final rule—Clean Air Act Approval and (The following Members (at the re- pancy and use of certain land and improve- Promulgation of Air Quality Implementa- quest of Mr. GENE GREEN of Texas) to ments within Rocky Mountain National tion Plan Revision for Colorado; Long-Term revise and extend their remarks and in- Park. Strategy of State Implementation Plan for Class I Visibility Protection [EPA-R08-OAR- clude extraneous material:) f 2005-CO-0002; FRL-8010-2] received January Ms. WOOLSEY, for 5 minutes, today. ADJOURNMENT 19, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. GENE GREEN of Texas, for 5 min- the Committee on Energy and Commerce. utes, today. Mr. DELAHUNT. Mr. Speaker, I 7192. A letter from the Principal Deputy Mr. SCHIFF, for 5 minutes, today. move that the House do now adjourn. Associate Administrator, Environmental Mr. PALLONE, for 5 minutes, today. The motion was agreed to; accord- Protection Agency, transmitting the Agen- Mr. GEORGE MILLER of California, for ingly (at 11 o’clock and 59 minutes cy’s final rule—Approval and Promulgation 5 minutes, today. p.m.), the House adjourned until to- of State Implementation Plans; Oregon; Mr. BLUMENAUER, for 5 minutes, morrow, Thursday, May 4, 2006, at 10 Portland Carbon Monoxide Second 10-Year today. Maintenance Plan [Docket #: EPA-R10-OAR- a.m. 2005-OR-0001; FRL-8015-3] received January Mr. MICHAUD, for 5 minutes, today. ´ f 19, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. LINDA T. SANCHEZ of California, the Committee on Energy and Commerce. for 5 minutes, today. EXECUTIVE COMMUNICATIONS, 7193. A letter from the Principal Deputy Mr. LYNCH, for 5 minutes, today. ETC. Associate Administrator, Environmental Mr. DEFAZIO, for 5 minutes, today. Under clause 8 of rule XII, executive Protection Agency, transmitting the Agen- cy’s final rule—Approval and Promulgation Ms. KAPTUR, for 5 minutes, today. communications were taken from the Mr. EMANUEL, for 5 minutes, today. of Implementation Plans; Tennessee; Nash- Speaker’s table and referred as follows: ville Area Second 10-Year Maintenance Plan Mr. STUPAK, for 5 minutes, today. 7184. A letter from the Principal Deputy for the 1-Hour Ozone National Ambient Air Mr. KIND, for 5 minutes, today. Associate Administrator, Environmental Quality Standard; Correction [R04-OAR-2005- Mr. TOWNS, for 5 minutes, today. Protection Agency, transmitting the Agen- TN-0006-200510(c); FRL-8023-5] received Janu- Mr. BROWN of Ohio, for 5 minutes, cy’s final rule—Pendimethalin; Pesticide ary 19, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); today. Tolerance [EPA-HQ-OPP-2005-0056; FRL-7770- to the Committee on Energy and Commerce.

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.221 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2100 CONGRESSIONAL RECORD — HOUSE May 3, 2006 7194. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Boston Fireworks—Boston, Massachusetts Associate Administrator, Environmental cy’s final rule—Regulation of Fuel and Fuel [CGD01-05-089] (RIN: 1625-AA00) received Protection Agency, transmitting the Agen- Additives; Gasoline and Diesal Fuel Test March 16, 2006, pursuant to 5 U.S.C. cy’s final rule—Approval and Promulgation Methods [EPA-OAR-2005-0048; FRL-8052-1] 801(a)(1)(A); to the Committee on Transpor- of Implementation Plans and Designation of (RIN: 2060-AM42) received March 28, 2006, tation and Infrastructure. Areas for Air Quality Planning Purposes; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7212. A letter from the Chief, Regulations Kentucky; Redesignation of the Christian mittee on Energy and Commerce. and Administrative Law, USCG, Department County, Kentucky, Portion of the Clarks- 7203. A letter from the Principal Deputy of Homeland Security, transmitting the De- ville-Hopkinsville 8-Hour Ozone Nonattain- Associate Administrator, Environmental partment’s final rule—Security Zone: Presi- ment Area to Attainment for Ozone [EPA- Protection Agency, transmitting the Agen- dent of Zambia Levy Mwanawasa Visit, Bos- R04-OAR-2005-KY-0001-200521(f); FRL-8023-8] cy’s final rule—Approval and Promulgation ton, Massachusetts [CGD01-05-090] (RIN: 1625- received January 19, 2006, pursuant to 5 of Implementation Plans; State of Iowa AA87) received March 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- [EPA-R07-OAR-2005-0482; FRL-8050-2] re- U.S.C. 801(a)(1)(A); to the Committee on ergy and Commerce. ceived March 28, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. 7195. A letter from the Principal Deputy 801(a)(1)(A); to the Committee on Energy and 7213. A letter from the Chief, Regulations Associate Administrator, Environmental Commerce. and Administrative Law, USCG, Department of Homeland Security, transmitting the De- Protection Agency, transmitting the Agen- 7204. A letter from the Principal Deputy partment’s final rule—Security Zone: cy’s final rule—Approval and Promulgation Associate Administrator, Environmental [CGD05-05-086] (RIN: 1625-AA987) received of Air Quality Implementation Plans; Mon- Protection Agency, transmitting the Agen- March 16, 2006, pursuant to 5 U.S.C. tana; Revisions to the Administrative Rules cy’s final rule—Approval and Promulgation 801(a)(1)(A); to the Committee on Transpor- of Implementation Plans; Iowa; Prevention of Montana; New Source Performance Stand- tation and Infrastructure. ards for Montana; Final Rule [EPA-R08-OAR- of Significant Deterioration (PSD) [EPA- 7214. A letter from the Chief, Regulations 2004-MT-0001, FRL-8012-9] received January R07-OAR-2006-0122; FRL—8040-5] received and Administrative Law, USCG, Department 19, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to March 28, 2006, pursuant to 5 U.S.C. of Homeland Security, transmitting the De- the Committee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and partment’s final rule—Security Zone; 7196. A letter from the Principal Deputy Commerce. [CGD05-05-092] (RIN: 1625-AA87) received Associate Administrator, Environmental 7205. A letter from the Principal Deputy March 16, 2006, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Transpor- cy’s final rule—Approval and Promulgation Protection Agency, transmitting the Agen- tation and Infrastructure. of Air Quality Implementation Plans; Mon- cy’s final rule—Approval and Promulgation 7215. A letter from the Chief, Regulations tana; Revisions to the Administrative Rules of Air Quality Implementation Plans; State and Administrative Law, USCG, Department of Montana; Direct Final Rule [EPA-R08- of Maryland; Revised Definitions of Volatile of Homeland Security, transmitting the De- OAR-2005-MT-0001, FRL-8012-5] received Jan- Organic Compounds [EPA-R03-OAR-2006-0151; partment’s final rule—Safety Zone; uary 19, 2006, pursuant to 5 U.S.C. FRL-8051-6] received March 28, 2006, pursuant Nansemond River, Suffolk, VA [CGD05-05- 801(a)(1)(A); to the Committee on Energy and to 5 U.S.C. 801(a)(1)(A); to the Committee on 095] (RIN: 1625-AA00) received March 16, 2006, Commerce. Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7197. A letter from the Principal Deputy 7206. A letter from the Principal Deputy mittee on Transportation and Infrastruc- Associate Administrator, Environmental Associate Administrator, Environmental ture. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 7216. A letter from the Chief, Regulations cy’s final rule—Protection of Stratospheric cy’s final rule—Approval and Promulgation and Administrative Law, USCG, Department Ozone: Recordkeeping and Reporting Re- of Air Quality Implementation Plans; Mary- of Homeland Security, transmitting the De- quirements for the Import of Halon-1301 Air- land; Amendment to the Control of VOC partment’s final rule—Safety Zone; Fire- craft Fire Extinguishing Vessels [EPA-HQ- Emissions from Yeast Manufacturing [EPA- works Display, Susquehanna River, Havre de OAR-2005-0131; FRL-80157-5] (RIN: 2060-AM46) R03-OAR-2005-MD-0014; FRL-8051-7] received Grace, MD [CGD05-05-109] (RIN: 1625-AA00) received April 6, 2006, pursuant to 5 U.S.C. March 28, 2006, pursuant to 5 U.S.C. received March 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Transpor- Commerce. Commerce. tation and Infrastructure. 7198. A letter from the Principal Deputy 7207. A letter from the Principal Deputy 7217. A letter from the Chief, Regulations Associate Administrator, Environmental Associate Administrator, Environmental and Administrative Law, USCG, Department Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- of Homeland Security, transmitting the De- cy’s final rule—Revisions to the Arizona cy’s final rule—Polychlorinated Biphenyl partment’s final rule—Safety Zones; Chesa- State Implementation Plan, Arizona Depart- (PCB) Site Revitalization Guidance Under peake Bay, Approaches to Baltimore Harbor, ment of Environmental Qaulity [EPA-R09- the Toxic Substance Control Act (TSCA); Baltimore, Fort McHenry and Upper Chesa- OAR-2006-0227; FRL-8054-8] received April 6, Notice of Availability [EPA-HQ-OPPT-2004- peake Channels, MD [CGD05-05-111] (RIN: 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 0123; FRL-7687-9] received April 11, 2006, pur- 1625-AA00) received March 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Energy and Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 7199. A letter from the Principal Deputy mittee on Energy and Commerce. Transportation and Infrastructure. 7218. A letter from the Chief, Regulations Associate Administrator, Environmental 7208. A letter from the Chief, Regulations and Administrative Law, USCG, Department Protection Agency, transmitting the Agen- and Administrative Law, USCG, Department of Homeland Security, transmitting the De- cy’s final rule—Interim Final Determination of Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Naval partment’s final rule—Safety Zone: S/V to Stay and/or Defer Sanctions, Arizona De- Air Station Patuxent River ‘‘Air Expo ’05,’’ partment of Environmental Quality [EPA- ESMERALDA Port Visit—Boston, Massachu- Patuxent River, MD [CGD05-05-115] (RIN: R09-OAR-2006-0227, FRL-8054-9] received April setts [CGD1-05-051] (RIN: 1625-AA00) received 1625-AA00) received March 16, 2006, pursuant 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to March 16, 2006, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Energy and Commerce. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 7200. A letter from the Principal Deputy tation and Infrastructure. 7219. A letter from the Chief, Regulations Associate Administrator, Environmental 7209. A letter from the Chief, Regulations and Administrative Law, USCG, Department Protection Agency, transmitting the Agen- and Administrative Law, USCG, Department of Homeland Security, transmitting the De- cy’s final rule—Revisions to the California of Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Fire- State Implementation Plan, San Joaquin partment’s final rule—Safety Zone: Cele- works Display, Potomac River, Washingotn, Valley Unified Air Pollution Control District brate Revere Fireworks—Revere, Massachu- DC [CGD05-05-116] (RIN: 1625-AA00) Recieved and South Coast Air Quality Management setts [CGD01-05-083] (RIN: 1625-AA00) re- March 16, 2006, pursuant to 5 U.S.C. District [EPA-R09-OAR-2006-0171; FRL-8053-2] ceived March 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- received April 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 801(a)(1)(A); to the Committee on Energy and tation and Infrastructure. 7220. A letter from the Chief, Regulations Commerce. 7210. A letter from the Chief, Regulations and Administrative Law, USCG, Department 7201. A letter from the Principal Deputy and Administrative Law, USCG, Department of Homeland Security, transmitting the De- Associate Administrator, Environmental of Homeland Security, transmitting the De- partment’s final rule—Security Zone; Protection Agency, transmitting the Agen- partment’s final rule—Safety Zone: Labor Georgetown Channel, Potomac River, Wash- cy’s final rule—Protection of Stratospheric Day, Schooner Festival Fireworks—Glouces- ington, D.C. [CGD05-05-118] (RIN: 1625-AA87) Ozone; Notice 20 for Significant New Alter- ter, Massachusetts [CGD01-05-086] (RIN: 1625- received March 16, 2006, pursuant to 5 U.S.C. natives Policy Program [EPA-HQ-OAR-2003- AA00) received March 16, 2006, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 0118; FRL-8050-9] (RIN: 2060-AG12) received U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. March 28, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. 7221. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Energy and 7211. A letter from the Chief, Regulations and Administrative Law, USCG, Department Commerce. and Administrative Law, USCG, Department of Homeland Security, transmitting the De- 7202. A letter from the Principal Deputy of Homeland Security, transmitting the De- partment’s final rule—Safety Zone; Fire- Associate Administrator, Environmental partment’s final rule—Safety Zone; City of works Display, Chesapeake Bay, Cape

VerDate Aug 31 2005 04:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\L03MY7.000 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2101 Charles, VA [CGD05-05-119] (RIN: 1625-AA00) Boat Show, Clayton, NY [CGD09-05-103] (RIN: and in addition to the Committees on Re- received March 16, 2006, pursuant to 5 U.S.C. 1625-AA00) received March 16, 2006, pursuant sources, and Science, for a period to be sub- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on sequently determined by the Speaker, in tation and Infrastructure. Transportation and Infrastructure. each case for consideration of such provi- 7222. A letter from the Chief, Regulations 7232. A letter from the Chief, Regulations sions as fall within the jurisdiction of the and Administrative Law, USCG, Department and Administrative Law, USCG, Department committee concerned. of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- By Ms. SLAUGHTER: partment’s final rule—Safety Zone; Chrysler partment’s final rule—Safety Zone; Private H.R. 5286. A bill to improve the ‘‘NEXUS’’ Jeep Superstores APBA Gold Cup, Detroit Party Fireworks Display, Lake Huron, and ’’FAST’’ registered traveler programs; to River, Detroit, MI [CGD09-05-084] (RIN: 1625- Tawas, MI [CGD09-05-104] (RIN: 1625-AA00) re- the Committee on Homeland Security. AA00) received March 16, 2006, pursuant to 5 ceived March 16, 2006, pursuant to 5 U.S.C. By Mr. SWEENEY: U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- H.R. 5287. A bill to recognize the heritage Transportation and Infrastructure. tation and Infrastructure. of hunting and provide opportunities for con- tinued hunting on Federal public land; to the 7223. A letter from the Chief, Regulations 7233. A letter from the Principal Deputy Committee on Resources. and Administrative Law, USCG, Department Associate Administrator, Environmental By Mrs. CHRISTENSEN: of Homeland Security, transmitting the De- Protection Agency, transmitting the Agen- partment’s final rule—Safety Zone; City of H. Con. Res. 398. Concurrent resolution ex- cy’s final rule—Guidelines for the Award of pressing the sense of the Congress that the Harbor Beach Fireworks, Lake Huron, Har- Monitoring Initiative Funds under Section United States Fish and Wildlife Service bor Beach, MI [CGD09-05-085] (RIN: 1625- 106 Grants to States, Interstate Agencies, should incorporate consideration of global AA00) received March 16, 2006, pursuant to 5 and Tribes [FRL-8051-3] received March 28, warming and sea-level rise into the com- U.S.C. 801(a)(1)(A); to the Committee on 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the prehensive conservation plans for coastal na- Transportation and Infrastructure. Committee on Transportation and Infra- tional wildlife refuges, and for other pur- 7224. A letter from the Chief, Regulations structure. poses; to the Committee on Resources. and Administrative Law, USCG, Department By Mr. THOMPSON of California (for of Homeland Security, transmitting the De- f himself, Mr. RADANOVICH, Mr. ABER- partment’s final rule—Safety Zone; Gradua- PUBLIC BILLS AND RESOLUTIONS CROMBIE, Mr. BACA, Ms. BALDWIN, Ms. tion of Fire, Detroit River, Grosse Ile, MI BERKLEY, Mr. BERMAN, Mr. BERRY, [CGD09-05-086] (RIN: 1625-AA00) received Under clause 2 of rule XII, public Mrs. BIGGERT, Mr. BISHOP of New March 16, 2006, pursuant to 5 U.S.C. bills and resolutions were introduced York, Mr. BLUMENAUER, Mr. BOEH- 801(a)(1)(A); to the Committee on Transpor- and severally referred, as follows: LERT, Mr. BONILLA, Mrs. BONO, Mr. tation and Infrastructure. By Mr. KIRK (for himself, Mr. LANTOS, BOSWELL, Mr. CALVERT, Mr. CAMP of 7225. A letter from the Chief, Regulations Mr. PENCE, and Mr. ROTHMAN): Michigan, Mr. CAMPBELL of Cali- and Administrative Law, USCG, Department H.R. 5278. A bill to amend the Foreign As- fornia, Mrs. CAPPS, Mr. CAPUANO, Mr. of Homeland Security, transmitting the De- sistance Act of 1961 to assist Palestinian ref- CARDOZA, Mr. CARNAHAN, Mr. CASTLE, partment’s final rule—Safety Zone; Mus- ugees in the West Bank and Gaza to move to Mr. CHANDLER, Mr. CLAY, Mr. CLEAV- kegon Air Fair, Mona Lake, Muskegon, MI post-refugee status, and for other purposes; ER, Mr. CONYERS, Mr. COSTA, Mr. [CGD09-05-087] (RIN: 1625-AA00) received to the Committee on International Rela- CRAMER, Mr. CRENSHAW, Mr. CROW- March 16, 2006, pursuant to 5 U.S.C. tions. LEY, Mr. CUELLAR, Mrs. DAVIS of Cali- 801(a)(1)(A); to the Committee on Transpor- By Mr. CONYERS (for himself, Mr. fornia, Mr. DEFAZIO, Ms. DEGETTE, tation and Infrastructure. 7226. A letter from the Chief, Regulations CHABOT, Ms. ZOE LOFGREN of Cali- Ms. DELAURO, Mr. DINGELL, Mr. and Administrative Law, USCG, Department fornia, Mr. BROWN of Ohio, Mr. DOGGETT, Mr. DOYLE, Mr. DREIER, Mr. of Homeland Security, transmitting the De- SCHIFF, Mr. MEEHAN, Mr. HINCHEY, EMANUEL, Mrs. EMERSON, Mr. partment’s final rule—Security Zone; HMCS Ms. LEE, and Mr. HONDA): ENGLISH of Pennsylvania, Ms. ESHOO, TORONTO, Chicago, IL [CGD09-05-092] (RIN: H.R. 5279. A bill to improve competition in Mr. FILNER, Mr. FOLEY, Mr. FORD, 1625-AA87) received March 16, 2006, pursuant the oil and gas industry, to strengthen anti- Mr. GIBBONS, Mr. GOODE, Mr. GORDON, to 5 U.S.C. 801(a)(1)(A); to the Committee on trust enforcement with regard to industry Mr. GENE GREEN of Texas, Mr. GUT- Transportation and Infrastructure. mergers, and for other purposes; to the Com- KNECHT, Ms. HARMAN, Mr. HASTINGS 7227. A letter from the Chief, Regulations mittee on the Judiciary. of Florida, Mr. HERGER, Mr. HIGGINS, and Administrative Law, USCG, Department By Mr. UPTON (for himself and Mr. Mr. HINCHEY, Mr. HOBSON, Mr. HOLT, of Homeland Security, transmitting the De- LARSEN of Washington): Ms. HOOLEY, Mr. HONDA, Mr. HOYER, partment’s final rule—Safety Zone; Million H.R. 5280. A bill to amend the Federal Mr. HULSHOF, Mr. INSLEE, Mr. ISSA, Dollar Producer Celebration, Lake Michigan, Food, Drug, and Cosmetic Act with respect Mr. JACKSON of Illinois, Mr. JEFFER- Chicago, IL [CGD09-05-096] (RIN: 1625-AA00) to the distribution of the drug SON, Ms. EDDIE BERNICE JOHNSON of received March 16, 2006, pursuant to 5 U.S.C. dextromethorphan, and for other purposes; Texas, Mrs. JONES of Ohio, Mr. JONES 801(a)(1)(A); to the Committee on Transpor- to the Committee on Energy and Commerce. of North Carolina, Ms. KAPTUR, Mrs. tation and Infrastructure. By Mr. LEACH: KELLY, Mr. KENNEDY of Rhode Island, 7228. A letter from the Chief, Regulations H.R. 5281. A bill to amend the Federal Elec- Mr. KIND, Mr. LAHOOD, Mr. LANTOS, and Administrative Law, USCG, Department tion Campaign Act of 1971 to provide match- Mr. LARSEN of Washington, Mr. of Homeland Security, transmitting the De- ing funds for candidates in elections for the LARSON of Connecticut, Ms. LEE, Mr. partment’s final rule—Safety Zone; St. Clair House of Representatives, and for other pur- LEVIN, Mr. LEWIS of California, Mr. River Classic, St. Clair River, St. Clair, MI poses; to the Committee on House Adminis- LOBIONDO, Ms. ZOE LOFGREN of Cali- [CGD09-05-097] (RIN: 1625-AA00) received tration. fornia, Mrs. LOWEY, Mr. LUCAS, Ms. March 16, 2006, pursuant to 5 U.S.C. By Mr. LEWIS of California: MATSUI, Mrs. MCCARTHY, Ms. MCCOL- 801(a)(1)(A); to the Committee on Transpor- H.R. 5282. A bill to amend the Reclamation LUM of Minnesota, Mr. MCCRERY, Mr. tation and Infrastructure. Wastewater and Groundwater Study and Fa- MCDERMOTT, Ms. MCKINNEY, Mr. 7229. A letter from the Chief, Regulations cilities Act to authorize the Secretary of the MEEK of Florida, Mr. MEEKS of New and Administrative Law, USCG, Department Interior to participate in the Southern Cali- York, Mr. GEORGE MILLER of Cali- of Homeland Security, transmitting the De- fornia Desert Region Integrated Water and fornia, Mr. GARY G. MILLER of Cali- partment’s final rule—Safety Zone; Big Fat Economic Sustainability Plan; to the Com- fornia, Mr. MOLLOHAN, Mr. MOORE of Greek Festival Fireworks, Muskegon, MI mittee on Resources. Kansas, Mr. NADLER, Mr. NORWOOD, [CGD09-05-098] (RIN: 1625-AA00) received By Mrs. MUSGRAVE: Mr. NUNES, Mr. OBERSTAR, Mr. OBEY, March 16, 2006, pursuant to 5 U.S.C. H.R. 5283. A bill to establish the Granada Mr. OTTER, Mr. PASCRELL, Mr. PAS- 801(a)(1)(A); to the Committee on Transpor- Relocation Center National Historic Site as TOR, Ms. PELOSI, Mr. POMBO, Mr. tation and Infrastructure. an affiliated unit of the National Park Sys- POMEROY, Mr. PRICE of North Caro- 7230. A letter from the Chief, Regulations tem; to the Committee on Resources. lina, Mr. PUTNAM, Mr. RANGEL, Mr. and Administrative Law, USCG, Department By Mr. PALLONE: RAHALL, Mr. RENZI, Mr. REYES, Mr. of Homeland Security, transmitting the De- H.R. 5284. A bill to establish an inter- REYNOLDS, Ms. ROYBAL-ALLARD, Mr. partment’s final rule—Safety Zone; Oswego agency task force to develop a national RYAN of Ohio, Ms. LINDA T. SA´ NCHEZ Harborfest Air Show, Oswego, NY [CGD09-05- strategy to combat the increase in infertility of California, Ms. LORETTA SANCHEZ 099] (RIN: 1625-AA00) received March 16, 2006, in the United States; to the Committee on of California, Ms. SCHAKOWSKY, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Energy and Commerce. SCHIFF, Ms. SCHWARTZ of Pennsyl- mittee on Transportation and Infrastruc- By Ms. LORETTA SANCHEZ of Cali- vania, Mr. SHERMAN, Mr. SKELTON, ture. fornia: Ms. SLAUGHTER, Ms. SOLIS, Mr. 7231. A letter from the Chief, Regulations H.R. 5285. A bill to provide a highway fuel SPRATT, Mr. STARK, Mr. TANNER, and Administrative Law, USCG, Department tax holiday funded by the repeal of certain Mrs. TAUSCHER, Mr. TAYLOR of Mis- of Homeland Security, transmitting the De- production incentives, and for other pur- sissippi, Mr. THOMAS, Mr. THOMPSON partment’s final rule—Safety Zone; Antique poses; to the Committee on Ways and Means, of Mississippi, Mr. TIERNEY, Mr.

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UDALL of New Mexico, Mr. WALDEN of H.R. 1548: Mr. CAMP of Michigan, Mr. DAVIS H.R. 4479: Mr. BERMAN and Mrs. Oregon, Mr. WALSH, Ms. WASSERMAN of Illinois, Mr. FILNER, Mr. NEUGEBAUER, Mr. NAPOLITANO. SCHULTZ, Ms. WATERS, Ms. WATSON, TURNER, Mr. ETHERIDGE, and Mr. FLAKE. H.R. 4480: Mr. HOEKSTRA. Mr. WATT, Mr. WAXMAN, Ms. WOOL- H.R. 1554: Mr. VAN HOLLEN. H.R. 4560: Mr. SAXTON. SEY, Mr. WU, Mrs. CUBIN, Mr. ROHR- H.R. 1578: Mr. SALAZAR. H.R. 4600: Mr. CLAY, Ms. BALDWIN, and Mr. ABACHER, Mr. BEAUPREZ, Ms. HART, H.R. 1582: Mr. LARSEN of Washington. RANGEL. Mr. GARRETT of New Jersey, Mrs. H.R. 1589: Mrs. MALONEY, Mr. CLAY, and H.R. 4622: Mr. FATTAH and Mr. HINOJOSA. MYRICK, and Mr. HASTINGS of Wash- Mr. ROTHMAN. H.R. 4623: Mr. GREEN of Wisconsin, Mrs. ington): H.R. 1671: Mr. REHBERG. KELLY, Mr. LIPINSKI, Mr. LEWIS of Georgia, H. Con. Res. 399. Concurrent resolution rec- H.R. 1697: Mr. STRICKLAND. and Mr. ROGERS of Alabama. ognizing the 30th Anniversary of the victory H.R. 1704: Mr. FRANK of Massachusetts. H.R. 4650: Ms. WOOLSEY and Mr. CALVERT. of United States winemakers at the 1976 H.R. 1849: Mr. UPTON. H.R. 4680: Mr. FOSSELLA. Paris Wine Tasting; to the Committee on H.R. 1850: Mr. BISHOP of New York. H.R. 4751: Mr. ROSS. Government Reform. H.R. 1951: Mr. MCGOVERN. H.R. 4755: Mr. MILLER of Florida, Mr. SMITH By Mr. SMITH of New Jersey (for him- H.R. 2047: Mr. UDALL of Colorado, Mr. of New Jersey, Mr. MURTHA, Mr. BARTON of self, Mr. LANTOS, Mr. WOLF, Mr. LEWIS of Kentucky, Mr. OWENS, and Mrs. Texas, Mr. CAMP of Michigan, Mr. GEORGE ROHRABACHER, and Mr. PITTS): NAPOLITANO. MILLER of California, Mr. OLVER, and Ms. H. Res. 794. A resolution recognizing the H.R. 2071: Mr. DAVIS of Illinois. ROYBAL-ALLARD. 17th anniversary of the massacre in H.R. 2088: Mr. MURTHA, Mr. WICKER, and H.R. 4761: Mr. BURTON of Indiana, Mr. Tiananmen Square, Beijing, in the People’s Mr. YOUNG of Alaska. LUCAS, and Mr. RADANOVICH. Republic of China, and for other purposes; to H.R. 2178: Mr. LANTOS, Mr. ORTIZ, Mr. MEE- H.R. 4768: Mr. BRADY of Pennsylvania, Mr. the Committee on International Relations. HAN, Mr. CARDOZA, Mrs. MCCARTHY, Mr. FATTAH, Mr. WELDON of Pennsylvania, Mr. By Mr. TOM DAVIS of Virginia (for LARSEN of Washington, Ms. ZOE LOFGREN of KANJORSKI, Mr. MURTHA, and Mr. DOYLE. himself, Mr. ISSA, Mr. WEXLER, Mr. California, Ms. DELAURO, and Mr. FRANK of H.R. 4772: Mr. BISHOP of Georgia. WILSON of South Carolina, Mr. BAIRD, Massachusetts. H.R. 4790: Mr. WELLER. Mr. MCDERMOTT, and Ms. WATSON): H.R. 2238: Mr. WAXMAN, Ms. GRANGER, and H.R. 4806: Ms. ZOE LOFGREN of California. H. Res. 795. A resolution condemning in the Mr. CUELLAR. H.R. 4822: Mr. WAXMAN. strongest terms the terrorist attacks in H.R. 2526: Ms. HART. H.R. 4843: Mr. CHANDLER. Dahab and Northern Sinai, Egypt, on April H.R. 2684: Mr. WALSH. H.R. 4876: Mrs. WILSON of New Mexico. 24 and 26, 2006; to the Committee on Inter- H.R. 2694: Mr. CONYERS, Mr. CARDIN, and H.R. 4894: Mr. MCCAUL of Texas, Mr. KUHL national Relations. Ms. ZOE LOFGREN of California. of New York, and Mr. PRICE of Georgia. H.R. 2792: Mr. KUCINICH. H.R. 4927: Mr. TOM DAVIS of Virginia, Mr. f H.R. 2828: Mr. HINCHEY. VAN HOLLEN, and Mr. KENNEDY of Rhode Is- H.R. 2841: Mr. GRIJALVA. land. ADDITIONAL SPONSORS H.R. 2861: Mr. LARSEN of Washington. H.R. 4946: Ms. DELAURO. Under clause 7 of rule XII, sponsors H.R. 3139: Mrs. MUSGRAVE. H.R. 4949: Ms. HOOLEY, Mr. LATOURETTE, were added to public bills and resolu- H.R. 3183: Mr. BACHUS and Mr. CONYERS. and Mr. OLVER. tions as follows: H.R. 3248: Mrs. JONES of Ohio, Ms. ESHOO, H.R. 4963: Ms. JACKSON-LEE of Texas, Mr. and Mr. MOORE of Kansas. SCOTT of Virginia, Mr. HENSARLING, Ms. WA- H.R. 9: Mr. COBLE, Mr. VAN HOLLEN, Mr. H.R. 3352: Mr. FOSSELLA, Mr. SMITH of TERS, Mr. FEENEY, Mr. COBLE, and Mr. RAN- BACHUS, Mr. FEENEY, Mr. JENKINS, Mr. HYDE, Washington, Mr. GREEN of Wisconsin, Mr. GEL. Mr. MCDERMOTT, Mr. ROGERS of Alabama, HOYER, Mr. LEWIS of California, and Ms. H.R. 4981: Mr. CALVERT. Mr. HOYER, Mr. BISHOP of Georgia, Mr. AL PELOSI. H.R. 4985: Mr. TERRY and Mr. SHAW. GREEN of Texas, Ms. WATSON, Mr. CUMMINGS, H.R. 3380: Mr. EMANUEL. H.R. 4992: Mrs. CAPITO. Mrs. JONES of Ohio, Mr. THOMPSON of Mis- H.R. 3416: Mr. BEAUPREZ. H.R. 5013: Mr. GINGREY, Mr. BARROW, and sissippi, Mr. CLAY, Ms. EDDIE BERNICE JOHN- H.R. 3427: Mr. WALSH, Ms. SLAUGHTER, and Mr. ALEXANDER. SON of Texas, Mr. MEEK of Florida, Mr. Mr. BOEHLERT. H.R. 5033: Ms. ZOE LOFGREN of California HASTINGS of Florida, Ms. CORRINE BROWN of H.R. 3544: Mr. OBERSTAR. and Mr. BERMAN. Florida, Mr. WYNN, Mr. CLEAVER, Mr. DAVIS H.R. 3547: Mr. OWENS. H.R. 5037: Ms. NORTON, Mr. GIBBONS, Mr. of Alabama, Mr. DAVIS of Illinois, Mr. H.R. 3612: Mr. UPTON. ISRAEL, Mr. MORAN of Virginia, Mrs. BUTTERFIELD, Ms. CARSON, Ms. MCKINNEY, H.R. 3628: Mr. RUPPERSBERGER. MALONEY, and Mrs. JO ANN DAVIS of Vir- Ms. MOORE of Wisconsin, Mr. RANGEL, Mr. H.R. 3658: Mr. AL GREEN of Texas, Ms. ginia. MEEKS of New York, Mr. PAYNE, Mr. FORD, MCKINNEY, Mr. BERMAN, and Mr. FATTAH. H.R. 5039: Mr. YOUNG of Alaska. and Mr. CASE. H.R. 3795: Mr. DENT, Mr. MICHAUD, Mr. H.R. 5050: Mr. WU. H.R. 128: Mr. KENNEDY of Rhode Island, Mr. CHANDLER, Mr. PRICE of North Carolina, Mr. H.R. 5051: Mr. SCHWARZ of Michigan. BISHOP of New York, and Mr. ALEXANDER. BISHOP of Utah, and Mr. FRANK of Massachu- H.R. 5058: Mr. EVANS, Mr. BISHOP of New H.R. 303: Ms. FOXX. setts. York, and Mr. MICHAUD. H.R. 376: Mrs. JO ANN DAVIS of Virginia. H.R. 3875: Ms. DEGETTE, Mr. SCOTT of Geor- H.R. 5072: Mr. HINOJOSA and Mr. H.R. 517: Mr. JOHNSON of Illinois. gia, Mr. CAMP of Michigan, Mr. PRICE of FORTENBERRY. H.R. 550: Mr. SHAYS and Mr. CAPUANO. Georgia, and Mrs. BONO. H.R. 5081: Mr. MILLER of Florida, Mr. HALL, H.R. 752: Mrs. EMERSON, Mr. LARSEN of H.R. 3888: Mr. LEWIS of Georgia. Mr. PUTNAM, Mr. FARR, Mrs. BONO, Mrs. WIL- Washington, and Mr. SALAZAR. H.R. 3936: Mrs. LOWEY, Mr. HONDA, Mr. MIL- SON of New Mexico, Mr. MCCOTTER, Ms. H.R. 867: Ms. MOORE of Wisconsin. LER of North Carolina, Mr. KENNEDY of PRYCE of Ohio, Mr. PENCE, Mr. TOM DAVIS of H.R. 877: Ms. BERKLEY. Rhode Island, and Mr. BERMAN. Virginia, Mr. FRANKS of Arizona, and Mr. H.R. 939: Mrs. MCCARTHY. H.R. 3949: Mr. MCHUGH. MURPHY. H.R. 951: Mr. COOPER, Mr. HONDA, and Ms. H.R. 4045: Mr. REYNOLDS. H.R. 5092: Mr. BOUCHER, Mr. ROGERS of Ala- ZOE LOFGREN of California. H.R. 4188: Mr. CROWLEY, Mr. PAYNE, Mr. bama, Mr. HAYES, Mr. YOUNG of Alaska, Mr. H.R. 995: Mr. BARROW. OWENS, and Mr. BASS. ENGLISH of Pennsylvania, Mr. BURTON of In- H.R. 1050: Ms. EDDIE BERNICE JOHNSON of H.R. 4211: Mr. KUCINICH, Mr. CONYERS, and diana, Mr. CANNON, Mr. RAHALL, and Mr. Texas. Mr. FATTAH. GERLACH. H.R. 1108: Mr. CLAY. H.R. 4315: Mr. POMEROY. H.R. 5113: Mr. BISHOP of New York, Mr. H.R. 1175: Mr. CARNAHAN. H.R. 4318: Ms. HERSETH and Mr. BRADY of DINGELL, Mr. DOGGETT, Mrs. NAPOLITANO, H.R. 1229: Ms. HART. Pennsylvania. and Mr. SERRANO. H.R. 1298: Mr. ACKERMAN and Mr. SHIMKUS. H.R. 4325: Mrs. JO ANN DAVIS of Virginia. H.R. 5134: Mr. MCCOTTER and Mr. EHLERS. H.R. 1302: Mr. THOMPSON of California, Ms. H.R. 4341: Mr. KENNEDY of Minnesota, Mr. H.R. 5139: Mr. GORDON. MATSUI, Mr. BUTTERFIELD, Mr. MICHAUD, and JOHNSON of Illinois, and Mr. GIBBONS. H.R. 5140: Mr. GORDON and Mr. OWENS. Ms. DEGETTE. H.R. 4355: Mr. CASE and Mr. PETERSON of H.R. 5141: Mr. VAN HOLLEN. H.R. 1358: Mr. CASE, Mr. TURNER, Mr. Minnesota. H.R. 5143: Mrs. JOHNSON of Connecticut, BRADY of Pennsylvania, Mr. MCDERMOTT, H.R. 4357: Mr. WALSH and Mr. Mr. FEENEY, and Mr. WICKER. and Mr. YOUNG of Alaska. FORTENBERRY. H.R. 5180: Mr. HUNTER. H.R. 1366: Mr. MCGOVERN. H.R. 4372: Ms. MATSUI. H.R. 5201: Mr. CASTLE. H.R. 1370: Mr. MILLER of Florida and Mr. H.R. 4392: Mr. NADLER. H.R. 5204: Mr. LIPINSKI, Mr. KUCINICH, and TANCREDO. H.R. 4423: Mr. CLAY, Mr. MOORE of Kansas, Mr. RAHALL. H.R. 1384: Mr. KING of Iowa, Mr. WICKER, Mr. KENNEDY of Minnesota, and Mr. SCOTT of H.R. 5230: Mr. BURTON of Indiana, Mr. and Mr. YOUNG of Alaska. Virginia. PEARCE, Mr. TANCREDO, Mr. PITTS, Mr. H.R. 1386: Mr. MATHESON. H.R. 4452: Mr. CUMMINGS, Mr. HONDA, Mr. TIAHRT, and Mr. NEUGEBAUER. H.R. 1438: Mr. WICKER. BAIRD, and Ms. EDDIE BERNICE JOHNSON of H.R. 5236: Mr. SCOTT of Virginia, and Mr. H.R. 1498: Mr. ROSS. Texas. VAN HOLLEN.

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H.R. 5248: Mr. HONDA and Mr. WATT. H. Res. 498: Mrs. CAPPS, Mr. WALSH, Mr. FORTENBERRY, Mr. SESSIONS, Mrs. SCHMIDT, H.R. 5249: Mr. ISSA and Ms. LORETTA MORAN of Kansas, and Mr. HONDA. and Mr. MOORE of Kansas. SANCHEZ of California. H. Res. 521: Ms. SCHWARTZ of Pennsylvania. H. Res. 773: Mr. RUPPERSBERGER, Mr. H.R. 5252: Mr. SCOTT of Georgia. H. Res. 635: Ms. SOLIS. CHABOT, Mr. FITZPATRICK of Pennsylvania, H.R. 5253: Mr. CHABOT, Mr. MCCAUL of H. Res. 638: Mr. SHAYS. Mr. GARRETT of New Jersey, Mr. DENT, Mr. Texas, Mr. PORTER, Mr. SIMMONS, Ms. HAR- H. Res. 688: Mr. EVANS, Mr. DOGGETT, and PENCE, and Mr. EMANUEL. RIS, Mr. JOHNSON of Illinois, Mr. RENZI, Mr. Mr. JONES of North Carolina. H. Res. 779: Mr. MCHUGH. PUTNAM, Mr. CASTLE, Mr. SOUDER, Mrs. JO H. Res. 690: Mr. MACK, Mr. JONES of North H. Res. 780: Mr. MCGOVERN, Mr. EVANS, and ANN DAVIS of Virginia, and Mr. FRELING- Carolina, and Mr. FORTUN˜ O. Mr. SCHIFF. HUYSEN. H. Res. 753: Mr. HOBSON, Mr. PAUL, Ms. H. Res. 782: Mr. BURGESS, Mr. BOOZMAN, H.R. 5254: Mrs. MUSGRAVE, Mr. RENZI, Mr. HARRIS, Mr. CALVERT, Mr. BERRY, Mr. Mr. WILSON of South Carolina, Mr. ENGLISH ISTOOK, and Mr. SOUDER. HAYWORTH, Mr. UDALL of Colorado, and Mr. of Pennsylvania, and Mrs. DRAKE. H.R. 5273: Ms. PELOSI, Mr. WAXMAN, Ms. CASE. H. Res. 784: Mr. BERMAN, Mr. BALDWIN, Mr. MCDERMOTT, and Ms. WATSON. H. Res. 759: Mr. VAN HOLLEN. FALEOMAVAEGA, Mr. HYDE, Mr. SMITH of H. Con. Res. 3: Mr. EVANS. H. Res. 763: Mr. WESTMORELAND, Mr. MUR- Washington, Mr. ENGEL, Mr. MCCOTTER, Mr. H. Con. Res. 99: Mrs. DAVIS of California. PHY, Mrs. BIGGERT, Mr. PLATTS, Mr. PENCE, BURTON of Indiana, Ms. WOOLSEY, Mr. LYNCH, H. Con. Res. 222: Mr. CALVERT. Mr. ISSA, Ms. FOXX, Mr. FOLEY, Mrs. JONES Mr. SHERMAN, Mr. DELAHUNT, Ms. LEE, Mrs. H. Con. Res. 278: Mr. CONYERS and Mr. of Ohio, Mr. HYDE, Mr. REYNOLDS, Mr. KUHL NAPOLITANO, and Ms. HARRIS. CAPUANO. of New York, Mr. LINDER, Mr. GRAVES, Mr. H. Res. 788: Mr. BAIRD, Ms. GINNY BROWN- H. Con. Res. 336: Mrs. CAPPS, Mr. FATTAH, PRICE of Georgia, Mr. JINDAL, Ms. ROS- WAITE of Florida, Mr. MORAN of Virginia, and Mr. HONDA. APOLITANO EY H. Con. Res. 367: Mr. WELDON of Pennsyl- LEHTINEN, Mr. GOODE, Mr. SMITH of New Jer- Mrs. N , and Mr. N . vania. sey, Mrs. BONO, Mr. DEAL of Georgia, Mr. f H. Con. Res. 380: Mr. CROWLEY, Mr. BER- SHIMKUS, Mrs. KELLY, Mr. COLE of Okla- MAN, Mr. PUTNAM, and Mr. FEENEY. homa, Mr. HAYWORTH, Mr. KELLER, Ms. H. Con. Res. 391: Mr. FATTAH and Mr. PRYCE of Ohio, Mr. BLUNT, Mr. LAHOOD, Mrs. DELETIONS OF SPONSORS FROM LARSON of Connecticut. CUBIN, Mrs. WILSON of New Mexico, Mr. PUBLIC BILLS AND RESOLUTIONS H. Res. 76: Ms. HERSETH. BOOZMAN, Mrs. MILLER of Michigan, Mr. Under clause 7 of rule XII, sponsors FORBES, Ms. HARRIS, Mr. MORAN of Virginia, H. Res. 127: Ms. ZOE LOFGREN of California. were deleted from public bills and reso- H. Res. 222: Ms. HART. Mr. DENT, Mr. ROYCE, Mr. SHAYS, Mr. GARY H. Res. 295: Mr. BISHOP of New York and G. MILLER of California, Mr. WELDON of lutions as follows: Mr. ALEXANDER. Pennsylvania, Mr. PORTER, Mrs. BLACKBURN, H.R. 4318: Mr. MEEHAN. H. Res. 466: Mr. SESSIONS. Mr. TOWNS, Mr. MICA, Mr. CASTLE, Mr. H.R. 4881: Mr. SAM JOHNSON of Texas.

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Vol. 152 WASHINGTON, WEDNESDAY, MAY 3, 2006 No. 51 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY versation. Everyone had their horror called to order by the President pro LEADER stories about what they were paying to tempore (Mr. STEVENS). The PRESIDENT pro tempore. The fill up their vehicles and discussion majority leader is recognized. about how bad is it going to get. PRAYER My comments this morning are di- f The Chaplain, Dr. Barry C. Black, of- rected in a vein that unless this Nation fered the following prayer: SCHEDULE gets serious about its energy and how Let us pray. Mr. FRIST. Mr. President, this morn- we move forward with a truly balanced Eternal Lord, the source of blessings, ing we will begin a 30-minute period for approach, it is going to get worse be- bless our world. Bless our friends and the transaction of morning business. fore it gets better. give them abundant living. Bless our Following morning business, we will There have been a lot of proposals enemies and help us to transform them resume consideration of the emergency and a lot of discussion. There is a sense into friends. Bless those in harm’s way supplemental appropriations bill. that perhaps there is some easy fix out fighting for freedom. Bless those in Pending is the final division of Senator there that we in the Congress have pain of body, mind or spirit. Bless COBURN’s amendment, and there will be overlooked. It is clear to those of us those who mourn. Bless those in life’s 60 minutes of debate on that division. who have really been following this evening who feel left alone. Bless those Therefore, Senators can expect the issue that there is no easy fix. We in trouble and are fearful about tomor- first vote to occur at approximately 11 didn’t get here in a week. We are not row. a.m. today. going to get out of this in a week. We Bless our Senators. Use them for Since cloture was invoked yesterday are not going to get out of this through Your glory. Remove the worries that by a vote of 92 to 4, we are now oper- quick congressional action. We have to distract them and give them Your ating under the provisions of rule XXII. do more when it comes to furthering peace. A lot of amendments are still pending our conservation of our current supply. We pray in Your holy Name. Amen. to the bill; however, many of those We have to speed the development of amendments are not germane and, our alternative and renewable fuels. We f therefore, will fall to a point of order. have to produce more energy at home PLEDGE OF ALLEGIANCE With that said, there will be some rather than buying from unstable and amendments that will qualify for con- unreliable sources abroad. The PRESIDENT pro tempore led the Yesterday, the European nations Pledge of Allegiance, as follows: sideration, and we will have votes on those amendments throughout the day. voiced support for a U.N. Security I pledge allegiance to the Flag of the Mr. President, I suggest the absence Council resolution that could produce United States of America, and to the Repub- sanctions against Iran to slow their nu- lic for which it stands, one nation under God, of a quorum. indivisible, with liberty and justice for all. The PRESIDENT pro tempore. The clear program. We may have a ways to clerk will call the roll. go to convince Russia and China that f The legislative clerk proceeded to sanctions are appropriate, but the hint RESERVATION OF LEADER TIME call the roll. that sanctions could endanger the Ms. MURKOWSKI. Mr. President, I roughly 2 million barrels of oil a day The PRESIDENT pro tempore. Under ask unanimous consent that the order that Iran exports, it is this type of un- the previous order, leadership time is for the quorum call be rescinded. rest that can spook or scare off the reserved. The PRESIDENT pro tempore. With- international oil markets, thus driving f out objection, it is so ordered. the price of oil higher. f Yesterday, following in the footsteps MORNING BUSINESS of Venezuelan Hugo Chavez, Bolivia na- The PRESIDENT pro tempore. Under ENERGY tionalized its natural gas industry. Al- the previous order, there will be a pe- Ms. MURKOWSKI. Mr. President, most certainly this is not going to re- riod for the transaction of morning last week I spoke on the floor con- sult in lower prices for natural gas in business for up to 30 minutes, with the cerning the rising cost of gasoline and the future. first half of the time under the control diesel fuel—in fact, all fuels. We have I made some comments this weekend of the majority leader or his designee all been talking about the price of en- that Congress can pass and repeal laws, and the second half of the time under ergy in this country for the past sev- but we don’t have the ability to repeal the control of the Democratic leader or eral weeks. Over the weekend, I was at the law of supply and demand. With de- his designee. a soccer game, and that was the con- mand for oil edging dangerously close

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

S3933

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VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3934 CONGRESSIONAL RECORD — SENATE May 3, 2006 to the maximum production levels, without displacing a polar bear or mov- to help our current price problem, but with the developing nations increasing ing a muskoxen. I suspect that as a country, when we fi- their demand for energy supplies, with The legislation we have discussed nally commit to getting serious about the unrest we see in Nigeria, the stand- opening up ANWR would limit the sur- our energy policies, we will send a sig- off over Iran’s nuclear programs, we face impact to 2,000 acres—2,000 acres nal to the commodities traders, and simply have to conserve more and out of 19.5 million acres—in the ANWR that will have an immediate impact on produce more. It is not an either/or sit- area. This is one-tenth of 1 percent of our prices. We took a significant step uation. the area we are talking about for devel- forward along those lines last year I have heard some people suggest opment. when we passed the Energy Policy Act. that the only way out of this is con- Opening ANWR could produce up to 1 I compliment the chairman of the En- servation, renewables or alternatives. million barrels a day of additional oil ergy Committee for his hard work, but It has to be everything. It has to be a for 30 years to meet this country’s do- we need to do more. Anyone who full, comprehensive approach. It is not mestic demand and, thus, help drive thinks that 5 or 10 years from now we an either/or situation. down the prices. When we look at the are not going to see more hurricanes, On the conservation side, the Repub- laws of supply and demand, 1 million we are not going to see more supply lican leadership last week introduced barrels of oil is nothing to sneeze at. disruptions, or more production im- legislation to give the President the When we look at the equivalent, 1 mil- pediments is not being realistic. authority to raise the CAFE standards lion barrels a day is the equivalent of For the past 19 years, this Nation has for passenger vehicles. I am one of the energy we would obtain from a 3.7- been waiting for Congress to act to in- those who is willing to do more in this million acre wind farm. To put it in crease our fuel supplies. If we don’t do area. People want to know: What can context, if we took the whole State of it now, motorists will have full jus- we do now, what can we do today that Connecticut and the whole State of tification, as they stand in the sum- is going to help offset the high prices? Rhode Island, combine them and put a mer’s heat waiting to pay $3.50 or per- There are some very simple things we wind farm on all of that landmass, that haps $4 a gallon for gasoline, won- can do from the conservation side to is what it would take, generating wind dering: What in the world is wrong conserve fuel and save money. for 1 year—and you have to have a with us? Where is our common sense? Individuals can make sure that their steady wind supply—to equal 1 million We have to look at the facts—not the tires are properly inflated, that their barrels a day. emotional appeals—involving ANWR. Mr. President, 1 million barrels a day cars are tuned, and reduce speed. All of We need to look at the improved tech- would be equivalent to one-fifth of these improve fuel efficiency. nology that will protect the Arctic’s America’s oil production by the year We all need to do more to conserve environment while we produce the fuel 2025. One million barrels a day for 30 all different types of energy, including to help lower the prices—maybe not years will be one of the largest finds in our electricity, since much of it is today, maybe not tomorrrow, but in the world in the past 40 years and per- made from oil. Look at your thermo- the not too distant future. We need to haps the largest field in North Amer- stat this summer. Don’t crank up that start reducing domestic fuel supplies air-conditioning as much as you might ican history. In this morning’s ‘‘Investor’s Busi- now. want. Mr. President, I see that my col- In the intermediate run, over the ness Daily,’’ a comment is made in the editorial section. I will read it: league from Idaho is here, and I yield next 5 to 10 years, we have to expand the floor. A million barrels a day could make a big the use of our renewable energy, The PRESIDENT pro tempore. The whether it is wind, geothermal, bio- dent in today’s prices. More importantly, it would help defend the U.S. from oil black- Senator from Idaho is recognized. mass, ocean, solar, and hydroelectric. mail by terrorist Arab regimes and leftist Mr. CRAIG. Mr. President, I thank We need to get to the next generation enemies like Venezuela’s Hugo Chavez and my colleague from Alaska for her dedi- of nuclear powerplants, get these off now Bolivia’s Evo Morales. cation and the Chair’s dedication to the drawing boards, and fund research A million barrels a day makes a dif- the development of ANWAR. We can all on everything from hydrogen cars to ference. look back at the time when this Con- improved technology for clean coal and The revenue to be gained from gress actually passed it and it was ve- carbon sequestration to lock up green- ANWR, again, is nothing to sneeze at. toed by President Clinton. If that had house gas emissions. The Congressional Research Service not happened, today ANWR would be But the other component we must this week released a report that found producing and would be feeding at least focus on is increasing our domestic that the Federal Treasury is likely to a million barrels a day of oil into the supplies of oil and natural gas because gain $90 billion from the taxes on oil system, and the refineries at it truly will take everything, a truly produced from ANWR when oil is at 60 Anacortes, WA, would be operating at balanced energy approach, to stop bucks a barrel. And that number does full capacity. My guess is that gas America from being ‘‘over a barrel’’ not take into account any Federal would not be $3 at the pump, and we when it comes to high energy prices. money from the production of natural would be in a much stronger position And the foremost thing, the No. 1 thing gas, which is also likely to be found in worldwide today if we were allowed to we can do to prevent this country from the area. It does not include any of the produce. being in the same situation 5, 7, 10 bonus bids or the royalties that the It is a supply-and-demand issue. We years out from now is to stop wasting Government will get upfront before the all know that. We are going to create our time and to open up a small por- oil is even found. greater transparency in those markets tion of the Arctic Coastal Plain in our Mr. President, you know about this so that the American people can rest State of Alaska to oil and gas develop- issue more than anybody in the Senate. assured that there is no gouging. We, ment. That $90 billion figure is based on the the same, want to understand that. But We have about 10.4 billion barrels or assumption that ANWR contains the I think that when that is understood, if more of oil sitting up in ANWR that medium estimate for oil production of that is what we find, then the world be- can be developed in an environ- 10.4 billion barrels—1 million barrels a gins to really look at why $3, why $3.10, mentally friendly, sane, responsible day for 30 years. why $4? Why is demand outstripping manner. We do this utilizing the tech- At today’s prices—and the price this supply, and all of those types of things? nology that has been developed over morning is a little over $74—at today’s It is so darned important. the past several decades, whether it is prices, and assuming the industry’s ex- f the 3–D seismic that helps us pinpoint pectation that ANWR may hold 16 bil- where the deposits are or the direc- lion barrels of recoverable oil, the Fed- FISCAL YEAR 2006 SUPPLEMENTAL tional drilling that allows us to go un- eral tax take may hit $173 billion over APPROPRIATIONS derneath the surface so there is no sur- the life of the field. Now that is not an Mr. CRAIG. Mr. President, as most of face disturbance. We can do this with- insignificant chunk of change. my colleagues know, congressional re- out harm to the wildlife, without I know there are those who will say cesses are not times during which Sen- harming the porcupine caribou herd or that ANWR cannot come online in time ators and Congressmen do nothing. In

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3935 fact, recess is a critical time for citizen Every Member of this institution has spect his work, and I am on the Appro- legislators like ourselves. Recess is an to draw the line and decide how much priations Committee—that we have to opportunity for many of us to go home is too much. In my mind, and in the bring this supplemental down a bit and and live for a little while under the minds of many Idahoans, this level of get our deficits under control. We have laws that we have passed. We talk with funding is simply too high. a war, we have Katrina, we have a na- our neighbors. We visit local res- In fact, last week I joined with 34 of tional disaster beyond anything we taurants, grocery stores, and spend a my Senate colleagues in sending a let- have ever faced. lot of time with constituents all across ter to President Bush saying we will Americans understand belt-tight- our states. We hear what the people vote to support his veto if the price tag ening. They also understand sharing. think about our work. I must say that of this bill does not come down. This is about belt-tightening; it is while I was in Idaho over the Easter re- Enough is enough, and I am proud to about sharing. It is not about funding cess, the feedback I got on spending by stand with my colleagues and say so. every idea that comes along, as worthy this Congress was not good. The people of Idaho are honest, hard- as it might be, against making sure We have before us another emergency working Americans who will continue that we get Louisiana and we get Mis- supplemental funding bill. The chair- to staunchly support our military and sissippi responsibly financed in a rede- man of the Senate Budget Committee compassionately lend a helping hand to veloping, restructuring mode—not ex- has called these emergency funding our fellow citizens on the gulf coast. cessively—and that we make sure our bills ‘‘shadow budgets.’’ I agree with That message has been loud and clear men and women in Iraq are appro- his view. We are simply funding outside to me over this and other congressional priately funded. Those are the critical of the regular budget process the recesses. However, when Congress tries issues. known costs of our war on terror. That to take advantage of their patriotism My time is limited, but I have said to has to end. In the case of hurricane re- and generosity, the people of Idaho de- our chairman and I say it again: It is lief, I understand the need to provide serve to know that their Senator will important we understand that the $92 emergency funding as quickly as pos- stand up and say no. I believe that this billion to $96 billion range is where we sible, and I know we cannot always bill is irresponsible, and that is why I have to get this supplemental, and I budget exactly for an emergency. How- am standing up and saying no. am going to work hard with the chair- ever, I am increasingly frustrated with I want to be clear so that all of my man to do it, to do it appropriately, to this Congress’s refusal to make any ad- colleagues and my constituents under- be selective in that which we fund but justments to other spending priorities stand my position and why I am voic- to be responsible in that which we send to account for the need to rebuild the ing my frustration with this bill. My to the President in our work with the gulf coast. We are now into our fourth frustration is not about supporting our House to assure that we have the emer- emergency supplemental in less than a military. I support our military and I gencies funded. year for the rebuilding efforts along am committed to providing them with Supplemental emergency funding the gulf coast. It is time that we start the tools they need. My frustration is ought not be a shadow budget. Here we paying for some of this spending. not about supporting recovery efforts Before I left for the recess, I voted in are now in our fourth emergency sup- in the gulf coast. I am committed to favor of the emergency supplemental plemental within a budget cycle. I helping the people in that region re- appropriations bill that was before the don’t think our budget system works build and move on with their lives. My Appropriations Committee. I cast a very well if we can’t do better than frustration is with the Senate spending ‘‘yes’’ vote with some hesitation, in that and argue that everything is an billions upon billions of dollars in such light of the concerns I have just men- emergency and, therefore, somehow it an irresponsible manner. The people of tioned. The bill I voted for would have doesn’t fit under the caps. That is not Idaho have charged me with being a provided $96 billion in emergency the way our public and our taxpayers spending, mainly for our efforts in the good steward of their taxpayer dollars, who finance this big government of war on terror in Afghanistan and Iraq and they expect me to work hard and ours want us to operate. Somehow we and the continued reconstruction of make sure those dollars are being spent have to get that under control. the badly damaged gulf coast region. wisely. This bill does not do that. We The PRESIDENT pro tempore. The The President submitted a request to can meet the needs of our military, the Senator from Michigan is recognized. Congress for $92.2 billion. Yet I was gulf coast, and other national prior- f ities in a fiscally responsible manner. voting to add $4 billion to the amount ENERGY requested by the President. But I voted We have to be willing to make tough yes because I recognize that not all decisions and tighten our belts. To- Ms. STABENOW. Mr. President, wisdom is found at the other end of gether, we can get spending under con- today as I stand here, back in Michigan Pennsylvania Avenue. Congress has a trol and regain the confidence of the the gas prices have risen to $3.10 a gal- responsibility to scrutinize and im- American taxpayers. lon. At $3.10 a gallon, that is the high- prove upon the administration’s re- Mr. President, I also wish to talk a est price at the pump that folks are quest. And we certainly have the right little bit about the budget as it relates paying than ever before as they get up and the responsibility to add or sub- to where we are on the supplemental, to go to work, take the kids to school, tract from that request based on needs along with this important issue of en- as our farmers are preparing the fields, that we identify. I believe the bill I ergy because, when I was home over and as our business people are on the voted for in committee did just that. the recess, as most of us were, the pub- road. Folks are feeling the squeeze— Chairman COCHRAN and Senator BYRD lic was talking about a lot of issues. one more squeeze. held hearings on the administration’s They were talking about energy, al- We already have in Michigan a situa- request. They identified shortcomings though it hadn’t spiked the way it is tion where we are seeing job loss or and they changed the bill to address spiking now. But they were also talk- wages being reduced, health care costs those needs. So I supported $96 billion ing about deficits and responsible going up, pensions that may not be as the level of funding needed to ad- spending on the part of Government there for people; things that are dress urgent needs across this country and making sure we do it right. And it squeezing people on all sides—the high- related to our war on terror and our is tremendously important that we do. er cost of college. Part of that is due to disaster recovery efforts. The supplemental is too big at this actions taken in the Congress and at Unfortunately, a series of amend- moment. The President has sent us a the White House. To add insult to in- ments adopted by voice vote by the message, as he should have—and I sup- jury, we are seeing now over $3 a gallon committee after I left have pushed the port that message—that we have emer- for gasoline, and I know in other cost of the legislation now before us to gencies, and we ought to address emer- States we have seen as much as $4 for over $106 billion. That is $14 billion gencies. But we ought not put on emer- folks who are just trying to make it, above what the administration re- gency budgets those kinds of expendi- just trying to get to work, just trying quested and $10 billion above what tures that could well be utilized and to take care of their families. Chairman COCHRAN and ranking mem- brought into the appropriate budget. I When they look at this picture, they ber BYRD recommended to all of us. have said to our chairman—and I re- see several things. They see the highest

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3936 CONGRESSIONAL RECORD — SENATE May 3, 2006 possible profits ever recorded in the I call on the President and all of our What the Senator from Michigan has history of the country by our oil com- colleagues to do everything possible to said is that instead of this meaningless panies, particularly ExxonMobile, support the FTC to get the right con- $100 which has been suggested on the which recorded the highest profits clusion. We know price gouging is other side of the aisle and which has ever. They see incredible salaries. They going on. It is not rocket science. Peo- become something of a joke, she sug- see the former CEO of ExxonMobile ple see what is going on. We don’t need gested a significant amount: $500. making about $110,000 a day, when to call for an investigation. We already Clearly, that is not going to make up most Michiganians don’t make $110,000 have one going on. Let’s make sure for all of the added expenses of gasoline a year. And now we were told about a they have the tools and the resources for people across America, but Senator $400 million retirement package, and and the support to do what is right for STABENOW has been a leader in sug- we hear when you count everything, it the American consumer. gesting that the oil companies should could be $700 million. Unbelievable. Americans are subsidizing one of the give up their subsidies and tax breaks, People have had enough. People have wealthiest industries in the country which they continue to beg for with had enough of a set of policies that are and in the world, with the highest CEO record profits, and instead we should squeezing them on all sides. salaries, at the same time they are try- take that money and give it back to Then, today, we read that the con- ing to figure out how to get 2 or 3 gal- the consumers. It is a rebate that ference committee is dealing with a se- lons in the tank of their car so they would go not to the Treasury that ries of tax cuts and tax proposals and can get to work. This is the wrong set would be lost in the sauce but would go have decided to delay repealing ac- of values. These are the wrong prior- back directly to families and con- counting procedures known as ‘‘last ities for our country. sumers across America. I thank the and first out’’ that were included in the I say, along with many others, Senator from Michigan for her leader- bill that we passed, including loopholes enough is enough. We know we have ship. that we closed for oil companies that long-term issues to address, and we A little later this morning, many of us are going to have a gathering with would equal about $4.3 billion in tax have worked together in the Energy farm groups across America. It is often breaks that we said didn’t make sense bill on new support and tax incentives overlooked. I know the Senator from and we need to close them. Instead, for renewable fuels. We are seeing in Michigan has mentioned it about her those tax breaks are going to keep roll- Michigan the outgrowth of that: five State, but our farmers are facing a tre- ing on. I know there are going to be new ethanol plants by the end of the mendous hardship because of the in- hearings in the Finance Committee. year, biodiesel plants, and we are see- creased cost of energy, not just diesel But the reality is that when the prior- ing wonderful efforts going on with our fuel but also the gasoline they need for ities are set, when the values are re- American auto companies. I am very the work of the farm, and added costs, flected about what will be done, the oil proud of what General Motors is doing as well, for items like fertilizers and companies’ tax breaks continue. High with E–85 ethanol and Ford moving pesticides. We estimate that over the prices continue. These outrageous CEO ahead with their hybrids and Daimler last 5 years, Illinois farmers on an av- salaries continue. The people in Michi- Chrysler with biodiesel B–20 and all of erage are going to pay an additional gan have said: Enough is enough. the efforts that are moving forward to $24,000 because of these additional en- On top of that, we see foreign tax get us off of foreign oil dependence. ergy costs, the natural gas component credit loopholes that may be continued And I am hopeful that all of those poli- of fertilizers, as well as the fuel to use so that we as taxpayers will subsidize cies together will result not only in in their tractors and in their vehicles. the oil companies doing business in more jobs in my State, because I be- That $24,000 right off the bottom line other countries. We see royalty relief lieve Michigan will be the leader in for farmers can be the breaking point that Senator WYDEN spoke about last this area, but more support for our for some, and many may not survive. week which comes to the tune of any- farmers, better policies for our envi- That is why this debate is important where from $20 billion to $80 billion in ronment, and the opportunity to give and why it is timely and why we should tax breaks to the oil companies that big oil the competition they ought to not waste any time addressing it. they said they didn’t even need any- be having, which is by using home- I am afraid we have reached the point more. Yet this royalty relief and the grown fuels. where we have to acknowledge the ob- tax breaks continue. We see the Energy I believe our goal ought to be to vious. The shortest attention span in bill that was passed last August and make sure the people of this country America is right here in this Chamber had a lot of positive things in it, that have the opportunity to buy their fuel because Senators have an attention I supported, but in that were $2.6 bil- from Middle America instead of the span that lasts as long as the headlines lion in tax subsidies by American tax- Middle East. I am committed to that, last and as long as the phones are ring- payers for the oil companies, and that as many of my colleagues are, and I be- ing and the e-mails are coming in. continues. lieve we need to get about the business When that diminishes, we tend to move In total, we are looking at some- of getting that done. In the process, we to the next issue, whatever that might where between $28 billion and $88 bil- ought to close some tax loopholes with be, even if we have not addressed or re- lion in taxpayer dollars being used to the oil companies. We ought to go back solved the issue before us. subsidize an industry with the highest on this tax bill and get it right and I think my friends and colleagues in profits and arguably the highest sala- worry more about putting money back the Senate will look at the energy ries, or certainly some of the highest in the pockets of the folks who are pay- issue and dismiss it at their peril. What salaries in the world. At the same ing the bill at the gas pump. Folks we find is, as we ask Americans across time, folks are trying to make it every have said enough is enough, and I agree the board what causes you the greatest day. with them. concern—this is a poll which came out I believe, and my colleagues on the Mr. President, I yield the floor. just a few days ago from NBC and the Democratic side of the aisle believe, Mr. DURBIN. Mr. President, how Wall Street Journal—how about leak- that we need to shut down those tax much time is remaining on the Demo- ing classified information by the Bush breaks to oil companies and put money cratic side in morning business? administration? Eighteen percent of directly back into the pockets of tax- The PRESIDENT pro tempore. There Americans say it causes them concern. payers. We also believe and, in fact, I is 7 minutes remaining. How about Iraq? Twenty-three percent. was proud to lead an effort that re- Mr. DURBIN. Mr. President, I thank How about the issue of immigration? sulted in a required investigation by my colleague from the State of Michi- Twenty-six percent. How about Iran the Federal Trade Commission. I was gan because she has been a leader when building a nuclear weapon? Thirty- proud to author that in the Energy bill it comes to the issue of helping con- three percent. How about gas prices last August and they are finally doing sumers across America. Many people reaching $3 a gallon? Forty-five per- it and they will have an investigation say it is morning in America, but not if cent of Americans say that causes done and recommendations by May 21. you stop at a gas station. It feels like them concern. They are doing a law enforcement in- it is the dead of night, and it is getting We ignore this political and eco- vestigation. pretty cold and windy outside. nomic reality at our peril. It is not

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3937 enough for us to give speeches on the hurting the bottom line, forcing farm- Vitter modified amendment No. 3628, to floor and do nothing, and this week we ers out of business, forcing businesses base the allocation of hurricane disaster re- will do nothing when it comes to the to lay off employees. Of course, those lief and recovery funds to States on need and physical damages. energy issue. There are things we must businesses depending on energy Wyden amendment No. 3665, to prohibit the do. First, we have to acknowledge that couldn’t even dream of expanding at use of funds to provide royalty relief for the what we have done has not worked. It this point because they have to find a production of oil and natural gas. has failed. The energy plan that was way to deal and cope with this reality. Santorum modified amendment No. 3640, to endorsed by the Republican majority What do we need to do? We need to increase by $12,500,000 the amount appro- and signed by the President last Au- punish the profiteers. We to need to priated for the Broadcasting Board of Gov- gust has failed. It has failed and obvi- say to these oil companies: This is in- ernors, to increase by $12,500,000 the amount ously so. tolerable. appropriated for the Department of State for During the heating season this last the Democracy Fund, to provide that such It is time for the President of the funds shall be made available for democracy winter, we saw dramatic runups in the United States to call the oil company programs and activities in Iran, and to pro- cost of home heating, whether it was executives into the Oval Office, to sit vide an offset. fuel oil in the Northeast or natural gas down and in very quiet and reasoned Salazar/Baucus amendment No. 3645, to in the Midwest. Then, of course, came tones tell them enough is enough. You provide funding for critical hazardous fuels the sticker shock at the gas pump cannot continue to profiteer at the ex- and forest health projects to reduce the risk every single day, now up to $3-plus a pense of workers and businesses and of catastrophic fires and mitigate the effects of widespread insect infestations. gallon in my part of the world, in the farmers across America. Vitter amendment No. 3668, to provide for Midwest and Illinois, and $4 a gallon or The PRESIDING OFFICER (Mr. VIT- the treatment of a certain Corps of Engi- more in California or other places. To TER). The time of the Senator has ex- neers project. think that we passed an energy bill 8 pired. Burr amendment No. 3713, to allocate funds months ago and patted ourselves on Mr. DURBIN. Mr. President, I yield to the Smithsonian Institution for research the back about what a great job we did, the floor. on avian influenza. now look at the reality. The reality is Coburn (for Obama/Coburn) amendment f No. 3693, to reduce wasteful spending by lim- it failed. It failed. iting to the reasonable industry standard the We need a new direction. We need a CONCLUSION OF MORNING BUSINESS spending for administrative overhead allow- significant change in direction. The en- able under Federal contracts and sub- ergy policy of the Bush administration The PRESIDING OFFICER. Morning contracts. has failed America. The cost of energy business is now closed. Coburn (for Obama/Coburn) amendment No. 3694, to improve accountability for com- is too high. We are importing too f much. We are being pushed around by petitive contracting in hurricane recovery MAKING EMERGENCY SUPPLE- by requiring the Director of the Office of these little tinhorn dictators who hap- MENTAL APPROPRIATIONS FOR Management and Budget to approve con- pen to have oil reserves and now want THE FISCAL YEAR ENDING SEP- tracts awarded without competitive proce- to dictate foreign policy to the world. TEMBER 30, 2006 dures. Why would the United States ever tol- Coburn (for Obama/Coburn) amendment erate this situation? The PRESIDING OFFICER. Under No. 3695, to improve financial transparency What we need to do is to be very the previous order, the Senate will re- in hurricane recovery by requiring the Direc- forceful. First, let’s start at home. sume consideration of H.R. 4939, which tor of the Office of Management and Budget Let’s acknowledge the fact that, even the clerk will report. to make information about Federal con- The legislative clerk read as follows: tracts publicly available. though there are clearly elements that Coburn (for Obama/Coburn) amendment gave rise to the increase in the cost of A bill (H.R. 4939) making emergency sup- No. 3697, to improve transparency and ac- energy, there is profiteering taking plemental appropriations for the fiscal year countability by establishing a Chief Finan- place, and it is obvious. The big five ending September 30, 2006, and for other pur- cial Officer to oversee hurricane relief and had over $110 billion in profits last poses. recovery efforts. year, $1,000 for every household in Pending: Menendez amendment No. 3675, to provide America in oil company profits; $1,000. McCain/Ensign amendment No. 3616, to additional appropriations for research, devel- opment, acquisition, and operations by the When this administration talked about strike a provision that provides $74.5 million to States based on their production of cer- Domestic Nuclear Detection Office for the cutting your taxes, there has been an- purchase of container inspection equipment other invasion of home budgets, and it tain types of crops, livestock, and/or dairy products, which was not included in the ad- for developing countries, for the implemen- isn’t the tax man, it is the oil man. It ministration’s emergency supplemental re- tation of the Transportation Worker Identi- is the oil man who is taking money out quest. fication Credential Program, and for the of every family’s budget, almost $100 a McCain/Ensign amendment No. 3617, to training of Customs and Border Protection month for additional energy costs, so strike a provision providing $6 million to officials on the use of new technologies. Murray (for Harkin) amendment No. 3714, sugarcane growers in Hawaii, which was not they can have recordbreaking profits, to increase by $8,500,000 the amount appro- included in the administration’s emergency so their shareholders can applaud, and priated for Economic Support Fund assist- supplemental request. so Mr. Lee Raymond, the former CEO ance, to provide that such funds shall be McCain/Ensign amendment No. 3618, to of ExxonMobil, as a parting gift for his made available to the United States Insti- strike $15 million for a seafood promotion tute of Peace for programs in Iraq and Af- wonderful work at ExxonMobil, can get strategy that was not included in the admin- $400 million. As I said before, he didn’t ghanistan, and to provide an offset. istration’s emergency supplemental request. Conrad/Clinton amendment No. 3715, to off- even have to buy a Powerball ticket— McCain/Ensign amendment No. 3619, to set the costs of defense spending in the sup- strike the limitation on the use of funds for $400 million. Sayonara, farewell, Mr. plemental appropriation. Raymond, thank you for your great the issuance or implementation of certain Levin amendment No. 3710, to require re- service—$400 million at the expense of rulemaking decisions related to the interpre- ports on policy and political developments in the American economy and American tation of ‘‘actual control’’ of airlines. Iraq. consumers. The oil companies don’t get Warner amendment No. 3620, to repeal the Schumer/Reid amendment No. 3723, to ap- requirement for 12 operational aircraft car- propriate funds to address price gouging and it. They don’t understand what they riers within the Navy. are doing to America. market manipulation and to provide for a re- Coburn amendment No. 3641 (divisions IV port on oil industry mergers. The other day, George Will, who is on through XIX), of a perfecting nature. Schumer amendment No. 3724, to improve one of the talk shows, chided me for Vitter amendment No. 3627, to designate maritime container security. saying that what is happening with en- the areas affected by Hurricane Katrina or Murray (for Kennedy) amendment No. 3716, ergy costs is going to put a chill on the Hurricane Rita as HUBZones and to waive to provide funds to promote democracy in American economy. I will stand by the Small Business Competitive Demonstra- Iraq. that statement. It is true we have not tion Program Act of 1988 for the areas af- Murray (for Kennedy) modified amendment fected by Hurricane Katrina or Hurricane seen it immediately. We will. You just No. 3688, to provide funding to compensate Rita. individuals harmed by pandemic influenza can’t increase the input cost in busi- Vitter/Landrieu modified amendment No. vaccine. ness or farming as dramatically as 3626, to increase the limits on community Cornyn amendment No. 3722, to provide for these energy runups are doing without disaster loans. immigration injunction reform.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3938 CONGRESSIONAL RECORD — SENATE May 3, 2006 Cornyn amendment No. 3699, to establish a In the supplemental bill, the Job tary—(obtainable without a high floor to ensure that States that contain Corps receives a direction that the De- school education)—as benchmarks for areas that were adversely affected as a result partment of Labor can’t manage it, success. This results in fraudulent of damage from the 2005 hurricane season re- can’t use the resources to manage it. bonus increases to their pay. ceive at least 3.5 percent of funds set aside Examples of mismanagement illus- for the CDBG Program. There are documented errors and docu- Cornyn amendment No. 3672, to require mented fraud within it. Mr. President, trated in past Inspector General Re- that the Secretary of Labor give priority for section 7017 of the Emergency Supple- ports include doctoring of program per- national emergency grants to States that as- mental would mandate that Job Corps formance resulting in bonus pay, un- sist individuals displaced by Hurricanes operate with less accountability. Spe- ethical use of resources, lack of cost Katrina or Rita. cifically, the language would make Job controls and resource management. Murray (for Byrd) amendment No. 3708, to Corps the only program out of 100s to These examples makes the point for provide additional amounts for emergency management performance grants. be operated out of the Secretary’s of- Secretary Chao—that the Job Corps Domenici/Reid amendment No. 3769, to pro- fice with direct contracting authority. program is in desperate need for ac- vide additional construction funding for The Office of the Secretary of Labor countability and oversight. levee improvements in the New Orleans met- does not have the staff or resources to The September 30, 2005 Inspector ropolitan area, gulf coast restoration. effectively manage and conduct over- General report, San Diego Job CORPS The PRESIDING OFFICER. Under sight on the Job Corps. The language of Center: Student Attendance and Train- the previous order, there will be 1 hour Section 7017 forbids the Secretary from ing Data Overstated, stated that the for debate with 30 minutes under the shifting oversight and management number of vocational completions was control of the Senator of Oklahoma personnel from any other support office overstated by over 50 percent. Training and 15 minutes under the control of the in the Department of Labor. Secretary records did not support that students Senator from California and 15 minutes Chao is forbidden to utilize the same had completed all the vocation’s tasks under the control of the other Senator oversight and management that every with an appropriate level of pro- from California. other program normally receives from ficiency. The Senator from Oklahoma is recog- other support offices within the De- In the March 30, 2005 Inspector Gen- nized. partment. eral report, Kittrell Job Corps Center: Mr. COBURN. Mr. President, what is Section 7017 ignores recommenda- Manipulation of Student Attendance the pending business of the Senate? tions from the Government Account- and Training Records, the Inspector The PRESIDING OFFICER. The ability Office and the Inspector Gen- General found that Kittrell managers pending business is H.R. 4939. eral that warn against the dangers of manipulated student attendance and AMENDMENT NO. 3641, DIVISION XIX, WITHDRAWN waste, fraud, and abuse that will go un- training records to improve the cen- Mr. COBURN. I would resume where detected in the Job Corps program ter’s reported performance. Reported we were last night, if I could get recog- when one office controls all aspects of performance of high school diploma at- nized on amendment No. 3641, division a contract-drafting, soliciting, bidding, tainment and job placements was also XIX. and managing. The incestuous rela- was not reliable. This unreliable data The PRESIDING OFFICER. The Sen- tionship between the contractors who affected Job Corps financially because ator has that right, to speak to that operate the Job Corp program and the reimbursed operating expenses and in- issue. program officers operating the pro- centive fees paid to contracted center Mr. COBURN. I had planned on with- gram will have no independent over- operators are based on reported per- drawing that amendment, but I wish to sight to guard against improper pay- formance. make one last point. California re- ments, improper use of resources, In the 2001 independent auditor’s re- ceived $753 million in earmarks last fraudulent performance reporting re- port on the schedule of Job Corps ex- year. This amendment was to elimi- sulting in fraudulent salary bonuses, penses for the Turner Job Corps Cen- nate almost $11 million on levee recon- and non-compliant accounting and ter, the Inspector General found inad- struction. Seventy times that amount record keeping. equate controls over payroll proc- went to California in earmarks. That is Secretary Chao is trying to clean up essing, that included hiring two in- the problem. the Job Corps program so that it effec- structors without proper credentials I ask unanimous consent to withdraw tively serves low income teenagers and and keeping inaccurate records of this amendment. young adults with a residential job leave. There was also lack of account- The PRESIDING OFFICER. Without training program. The Job Corps pro- ability over inventories of consumable objection, it is so ordered. gram needs accountability. According supplies, evidence that the center AMENDMENT NO. 3817, WITHDRAWN to the Office of Job Corps, the program underreported medical and dental ex- Mr. COBURN. Mr. President, I ask failed to have aggressive monitoring of pense, and the purchase of property that the pending amendment be set performance data making evaluations and equipment that Department of aside and amendment No. 3817 be called of the program’s effectiveness unreli- Labor did not approve prior to acquisi- up. able. The Job Corps contractors are re- tion. The PRESIDING OFFICER. Is there porting misinformation regarding the In the January 31, 2000 report enti- objection? Without objection, it is so number of students that successfully tled OIG Questions $1.3 Million of Addi- ordered. graduate or receive GEDs. The contrac- tional Costs Claimed by Contractor Re- The clerk will report. tors fail to report that almost 40 per- port No. 18–00–003–03–370, the Inspector The assistant legislative clerk read cent of the students who go through General found that the contractor Will as follows: the program fail to obtain a GED or di- H. Hall & Son, Inc. received an addi- The Senator from Oklahoma [Mr. COBURN] ploma. This results in fraudulent bonus tional $2,365,622 due to delays at their proposes an amendment numbered 3817. increases to the contractor’s pay. The construction site. The Inspector Gen- Mr. COBURN. I ask unanimous con- program fails to report that the me- eral found that this contractor failed sent that the reading of the amend- dian stay of a student at a Job Corps to substantiate its claim that various ment be dispensed with. location is 8 months, while it takes at events under the Department of La- The PRESIDING OFFICER. Without least 12 months to successfully obtain bor’s contract constituted compensable objection, it is so ordered. a GED. The program also fails to accu- construction delays caused by the De- The amendment is as follows: rately report how many students suc- partment of Labor. Certain amounts (Purpose: To strike a provision relating to cessful receive job placement into the claimed were either double counted as the Office of Job Corps) skilled jobs for which the Job Corps is both direct and indirect costs, already Strike section 7017 (relating to the Office supposed to equip the students. They covered under the original firm fixed- of Job Corps). fail to report that only 5 percent of the price contract, or based on estimates Mr. COBURN. Mr. President, I intend graduating students are placed in ap- instead of actual costs incurred. on withdrawing this amendment. I prenticeships for skilled jobs. The con- Section 7017 of the Emergency Sup- wish to make a few points before I do tractors incorrectly consider job place- plemental will virtually guarantee that so. ment in unskilled jobs and the mili- we will see many more examples of

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3939 waste, fraud and abuse within the Job wherewithal when a peacekeeping force U.S. has voted to expand the troop Corp program. Furthermore, why is the is called for to be able to have that level in the Democratic Republic of the Senate being asked to make a program move forward so we can hopefully end Congo, yet our share is underfunded by change to a 40-year-old program within the genocide in Darfur. approximately $80 million in fiscal an Emergency Supplemental bill? Why Mr. COCHRAN. I thank the distin- year 2006. Ensuring a smooth transition hasn’t the Department of Labor been guished Senator for his explanation after the recent presidential election in consulted in making this unprece- and his description of the language. Haiti is a stated priority of the admin- dented move away from account- I know of no requests for yeas and istration, yet the peacekeeping mission ability? Why hasn’t the Appropriations nays on the amendment. I suggest we to Haiti is underfunded by at least $40 Committee or the Committee on proceed to a voice vote. million. Liberia, Cote d’Ivoire, and Health, Education, Labor, and Pen- Mr. LEAHY. Mr. President, on April Kosovo are all underfunded in the next sions held a single hearing about this 6, I spoke on the floor about the hu- year by about $383 million. radical change to the Job Corps pro- manitarian catastrophe in Darfur So what happens when the U.S. or gram? where more than 200,000 people have other donors do not pay or defer their Due to time constraints and my de- perished from genocidal violence, hun- peacekeeping bills? The U.N. adjusts sire to move Senate business forward, I ger and disease. Today I rise to strong- its bill paying to keep its core missions ask unanimous consent to withdraw ly support the amendment offered by running. And like anyone who hasn’t my amendment. Senator MENENDEZ to help meet the been paid on time, the U.N. pays those The PRESIDING OFFICER. Without emergency need for additional funding accounts which have immediate needs objection, it is so ordered. for peacekeeping in Darfur. and defers paying bills where creditors Mr. COBURN. Mr. President, I yield President Bush, this Congress, and will grant it leeway. In the first half of the floor. the international community have rec- the year, the U.N. system is relatively Mr. COCHRAN. Mr. President, I sug- ognized the need for double the number flush with cash from other countries’ gest the absence of a quorum. of peacekeeping troops in Darfur to dues payments. It can and does shift The PRESIDING OFFICER. The stabilize the crisis and begin to lay the from general accounts into those with clerk will call the roll. groundwork for a resolution to this funding shortfalls. But by mid-year, if The assistant legislative clerk pro- conflict. But the President has not re- major contributors are behind on their ceeded to call the roll. quested the funds to support additional bill payments, the U.N. will resort to Mr. MENENDEZ. Mr. President, I ask troops. Rhetoric is cheap, but when the other tactics like paying for equip- unanimous consent that the order for issue is the survival of thousands of ment, travel, and short-term logistical the quorum call be rescinded. vulnerable people, words do not suffice. expenses while deferring payments to The PRESIDING OFFICER. Without The $60 million proposed by the Sen- troop contributing nations that tend to objection, it is so ordered. ator from New Jersey is the minimum be more forgiving of late U.N. pay- Mr. MENENDEZ. Mr. President, what needed. ments. is the pending business before the Sen- In addition to Sudan, there are 12 Nations that contribute troops to ate? other U.N. peacekeeping missions that U.N. peacekeeping bear the primary AMENDMENT NO. 3777, AS MODIFIED face severe funding shortages in fiscal burden of covering for U.S. shortfalls The PRESIDING OFFICER. The year 2006. The State Department will to the U.N. peacekeeping account. pending business is amendment No. be $383 million short in the next few When the U.S. repaid its arrears to the 3777, as modified months and will have no alternative U.N. under the Helms-Biden deal, for Mr. MENENDEZ. I ask unanimous but to defer those bills into next year, example, the U.N. repaid fourteen to consent to add Senator BROWNBACK as which creates a problem for our fiscal fifteen countries for up to 3 years’ a cosponsor to the amendment. year 2007 appropriations process. The worth of deferred troop contributing The PRESIDING OFFICER. Without President’s inadequate budget request, costs. objection, it is so ordered. which is supported by the majority in Additionally, the United States’ lack Mr. COCHRAN. I suggest the absence Congress, ensures that we are perpet- of payment for peacekeeping in the of a quorum. ually behind in our U.N. peacekeeping past has created significant resistance The PRESIDING OFFICER. The payments. to U.S. efforts to change assessment clerk will call the roll. This supplemental does not fund a rates and enact reform at the U.N. Dur- The assistant legislative clerk pro- U.N. mission to Darfur, which is what ing the Helms-Biden era and before the ceeded to call the roll. we all recognize is needed. Senator U.S. committed to repaying its dues, Mr. COCHRAN. Mr. President, I ask MENENDEZ’s amendment would at least the U.S. lost seats on key U.N. gov- unanimous consent that the order for provide initial funding for such a mis- erning bodies because of its arrearages. the quorum call be rescinded. sion. Nor does this bill fund other U.N. Over the course of the last several The PRESIDING OFFICER. Without peacekeeping missions in the Demo- years, the United States has increas- objection, it is so ordered. cratic Republic of the Congo, Liberia, ingly seen the need for U.N. peace- Mr. COCHRAN. Mr. President, I know and Haiti. keeping. This has led to an unprece- of no Senators seeking recognition for The U.S. does not contribute troops dented demand for peacekeeping discussing the amendment any further. to any of these missions. But by not troops. If we want to continue to in- The amendment has been described by paying our share of peacekeeping dues crease this burden sharing arrange- the distinguished Senator from New on time the countries that contribute ment, we need to pay troop contrib- Jersey. The Senate is well aware of its the troops are less willing to do so. uting nations—like Pakistan, India, intent. These are funds that are being The amount we pay is a tiny fraction and South Africa—for services ren- directed to the situation in Darfur in of what we would have to spend to de- dered. After all, they are putting their the Sudan. There is a U.N. mission ploy our own troops. The GAO recently troops into harm’s way so United there with responsibilities for helping found that it would ‘‘cost the U.S. States troops don’t have to. to deal with the misery and challenges about twice as much as the U.N. to We face a situation where commit- to life that exist there. conduct peacekeeping’’, and the U.S. ments were made, funds are needed, I ask the author of the amendment if only contributes 25 percent of the cost. these countries are very unstable, and that is the purpose of the amendment? That makes the savings 8 times less— the commitment of U.S. troops is not It is money that would go for the pur- the U.N. is half as expensive and we an option. We must pay our share so pose of supporting the work of the U.N. only pay a quarter of the costs. We are the U.N. can send peacekeepers to mission in Darfur? not prepared to put our troops into Sudan, but also to support U.N. mis- Mr. MENENDEZ. I thank the distin- these countries and the costs would be sions in other critical areas in the guished chairman for his inquiry. The far higher to the U.S. if we did. world. answer is yes, our effort is to ensure The fiscal year 2006 budget we passed The PRESIDING OFFICER. The the ability of the U.N. work to con- last year under-funded the U.S. dues question is on agreeing to the amend- tinue and to ultimately have the for peacekeeping by $383 million. The ment 3777, as modified.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3940 CONGRESSIONAL RECORD — SENATE May 3, 2006 The amendment (No. 3777), as modi- The amendment (No. 3612), as modi- ment and support of an office of a special fied, was agreed to. fied, is as follows: envoy for Sudan with a mandate of pursuing, in conjunction with the African Union, a sus- Mrs. MURRAY. I move to reconsider On page 125, line 17, strike ‘‘Prohibition’’ tainable peace settlement to end the conflict the vote. and insert ‘‘(a) Prohibition’’. in Darfur, Sudan, assisting the parties to the On page 126, line 4, strike the quotation Mr. COCHRAN. I move to lay that Comprehensive Peace Agreement for Sudan mark and the period that follows. motion on the table. with implementation of the Agreement, pur- On page 126, after line 4, insert the fol- The motion to lay on the table was suing efforts at conflict resolution in eastern lowing: agreed to. Sudan, northern Uganda, and Chad, facili- ‘‘(b) WAIVER AUTHORITY.—(1) The President Mr. COCHRAN. Mr. President, I sug- tating, in cooperation with the people of may waive subsection (a) with respect to the Darfur and the African Union, a dialogue gest the absence of a quorum. administrative and personal security costs of within Darfur to promote conflict resolution The PRESIDING OFFICER. The the Office of the President of the Palestinian and reconciliation at the grass roots level, clerk will call the roll. Authority, for activities of the President of and developing a common policy approach The assistant legislative clerk pro- the Palestinian Authority to promote de- among international partners to address mocracy and the rule of law, and with re- ceeded to call the roll. such issues: Provided further,’’. Mr. COCHRAN. Mr. President, I ask spect to independent agencies, if the Presi- unanimous consent that the order for dent certifies and reports to the Committees Mr. COCHRAN. There is a modifica- the quorum call be rescinded. on Appropriations that— tion of the amendment at the desk. ‘‘(A) it is in the national security interest The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without of the United States to provide such assist- objection, the modification is included objection, it is so ordered. ance; and AMENDMENT NO. 3612, AS MODIFIED ‘‘(B) the President of the Palestinian Au- in the amendment. Mr. COCHRAN. Mr. President, I am thority, the President’s party, and inde- The amendment (No. 3719), as modi- pleased to bring to the attention of the pendent agencies are not effectively con- fied, is as follows: Senate several amendments that have trolled by Hamas or any other foreign ter- On page 88, line 7, insert after ‘‘Provided,’’ been cleared on both sides of the aisle. rorist organization. the following: ‘‘That of the funds available ‘‘(2) Prior to exercising the authority pro- First, I call up amendment No. 3612 under this heading, not less than $250,000 vided in this subsection, the President shall shall be made available for the establish- on behalf of Mr. MCCONNELL regarding consult with, and shall provide a written pol- ment and adequate support, including staff- assistance for the West Bank in Gaza. icy justification to, the Committees on Ap- ing and travel, of the Office of the Presi- The PRESIDING OFFICER. Without propriations and the Committee on Inter- dential Special Envoy for Sudan, with a objection, the pending amendment is national Relations of the House of Rep- mandate that shall include pursuing, in con- set aside and that amendment is called resentatives and the Committee on Foreign junction with the African Union and other up. Relations of the Senate. international actors, a sustainable peace set- The clerk will report. ‘‘(c) REPORT.—Whenever the waiver au- tlement to end the genocide in Darfur, thority pursuant to subsection (b) is exer- Sudan, assisting the parties to the Com- The assistant legislative clerk read cised, the President shall submit a report to as follows: prehensive Peace Agreement for Sudan with the Committees on Appropriations describ- implementation of the Agreement, coordi- The Senator from Mississippi [Mr. COCH- ing how the funds will be spent and the ac- nating policy, making recommendations, RAN], for Mr. MCCONNELL, proposes an counting procedures in place to ensure prop- and pursuing efforts related to conflict reso- amendment numbered 3612. er oversight and accountability.’’. lution to bring lasting stability to all areas Mr. COCHRAN. I ask unanimous con- The PRESIDING OFFICER. The of Sudan and the region, including northern sent the reading of the amendment be question is on agreeing to the amend- Uganda and Chad, facilitating, in coopera- dispensed with. ment. tion with the people of Darfur and the Afri- The PRESIDING OFFICER. Without The amendment (No. 3612), as modi- can Union, a dialogue within Darfur to pro- objection, it is so ordered. fied, was agreed to. mote conflict resolution and reconciliation The amendment is as follows: at the grass roots level, and developing a Mr. COCHRAN. I move to reconsider common policy approach among inter- (Purpose: To provide a national security in- the vote. national partners to address such issues: Pro- terest waiver on prohibitions on assistance Mrs. MURRAY. I move to lay that vided further,’’. for the Office of the President of the Pales- motion on the table. tinian Authority.) The PRESIDING OFFICER. Is there The motion to lay on the table was further debate on the amendment? If On page 125, line 17, strike ‘‘Prohibition’’ agreed to. and insert ‘‘(a) Prohibition’’. not, the question is on agreeing to the On page 126, line 4, strike the quotation AMENDMENT NO. 3719, AS MODIFIED amendment, as modified. mark and the period that follows. Mr. COCHRAN. Mr. President, I call The amendment (No. 3719), as modi- On page 126, after line 4, insert the fol- up amendment No. 3719 on behalf of Mr. fied, was agreed to. lowing: BIDEN and others regarding the Sudan. Mr. COCHRAN. I move to reconsider ‘‘(b) WAIVER AUTHORITY.—(1) The President The PRESIDING OFFICER. Without may waive subsection (a) with respect to the the vote. objection, the pending amendment is Mrs. MURRAY. I move to lay that administrative and personal security costs of set aside and the clerk will report the the Office of the President of the Palestinian motion on the table. amendment. Authority and for activities of the President The motion to lay on the table was The assistant legislative clerk read of the Palestinian Authority to promote de- agreed to. mocracy and the rule of law if the President as follows: AMENDMENT NO. 3823 certifies and reports to the Committees on The Senator from Mississippi [Mr. COCH- Appropriations that— RAN], for Mr. BIDEN, for himself, Mr. DEWINE, Mr. COCHRAN. Mr. President, I call ‘‘(A) it is in the national security interest Mr. BROWNBACK, and Mr. LEAHY, proposes an up amendment No. 3823 on behalf of Mr. of the United States to provide such assist- amendment numbered 3719. LEAHY regarding Colombia. ance; and The PRESIDING OFFICER. Without ‘‘(B) the President of the Palestinian Au- Mr. COCHRAN. Mr. President, I ask thority and the President’s party are not af- unanimous consent that reading of the objection, the pending amendment is filiated with Hamas or any other foreign ter- amendment be dispensed with. set aside and the clerk will report the rorist organization. The PRESIDING OFFICER. Without amendment. ‘‘(2) Prior to exercising the authority pro- objection, it is so ordered. The assistant legislative clerk read vided in this subsection, the President shall The amendment is as follows: as follows: consult with, and shall provide a written pol- (Purpose: To provide that not less than The Senator from Mississippi [Mr. COCH- icy justification to, the Committees on Ap- $250,000 of the amount appropriated for RAN], for Mr. LEAHY, proposes an amendment propriations and the Committee on Inter- Diplomatic and Consular Programs assist- numbered 3823. national Relations of the House of Rep- ance shall be made available for the estab- resentatives and the Committee on Foreign Mr. COCHRAN. Mr. President, I ask lishment and support of an office of a spe- Relations of the Senate.’’. cial envoy for Sudan) unanimous consent that reading of the amendment be dispensed with. Mr. COCHRAN. There is a modifica- On page 88, line 7, insert after ‘‘Provided,’’ tion of the amendment at the desk. the following: ‘‘That of the funds available The PRESIDING OFFICER. Without The PRESIDING OFFICER. The under this heading, not less than $250,000 objection, it is so ordered. amendment is so modified. shall be made available for the establish- The amendment is as follows:

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3941 (Purpose: To provide urgent assistance to set aside and the clerk will report the on an orderly basis to complete action support the demobilization process in Co- amendment. on the bill today. lombia) The assistant legislative clerk read Mr. President, I suggest the absence On page 121, line 14 after ‘‘That’’ insert the as follows: of a quorum. following: The Senator from Mississippi [Mr. COCH- The PRESIDING OFFICER. The of the funds appropriated under this head- RAN], for Mr. LIEBERMAN, proposes an amend- clerk will call the roll. ing, not less than $3,300,000 shall be made ment numbered 3746. The assistant legislative clerk pro- available for assistance for the Peace and Mr. COCHRAN. Mr. President, I ask ceeded to call the roll. Justice Unit of the Colombian Fiscalia not- Mr. BUNNING. Mr. President, I re- withstanding section 599E of Public Law 109– unanimous consent that reading of the 102: Provided further, That amendment be dispensed with. spectfully ask unanimous consent that The PRESIDING OFFICER. Without the order for the quorum call be re- The PRESIDING OFFICER. Is there scinded. further debate on the amendment? If objection, it is so ordered. The amendment is as follows: The PRESIDING OFFICER. Without not, the question is on agreeing to the objection, it is so ordered. amendment. On page 167, beginning on line 7 strike ‘‘, Mr. BUNNING. Mr. President, I The amendment (No. 3823) was agreed notwithstanding’’ and all that follows through ‘‘(42 U.S.C. 5174)’’ on line 9. would like to make some remarks to. about the supplemental appropriations Mr. COCHRAN. Mr. President, I move The PRESIDING OFFICER. Is there bill now on the floor. to reconsider the vote. further debate on the amendment? If The PRESIDING OFFICER. The Sen- Mrs. MURRAY. I move to lay that not, the question is on agreeing to the ator is recognized. motion on the table. amendment. Mr. BUNNING. Mr. President, I rise The motion to lay on the table was The amendment (No. 3746) was agreed today to voice my opposition to the agreed to. to. emergency supplemental bill. It has, Mr. COCHRAN. Mr. President, I move AMENDMENT NO. 3798 unfortunately, become routine to see to reconsider the vote. Mr. COCHRAN. Mr. President, I ask emergency spending bills on the floor. Mrs. MURRAY. I move to lay that But I understand the pressing need for unanimous consent that it be in order motion on the table. to call up and consider amendment No. this legislation to defend America from The motion to lay on the table was terrorism and respond to one of the 3798 on behalf of Mr. KENNEDY regard- agreed to. ing the AmeriCorps Segal awards. worst natural disasters in America’s AMENDMENT NO. 3699 The PRESIDING OFFICER. Without history. objection, it is so ordered. The pending Mr. COCHRAN. Mr. President, I call These reasons are why we have emer- amendment is set aside, and the clerk up amendment No. 3699 on behalf of Mr. gency supplemental legislation in the will report the amendment. CORNYN regarding the distribution of first place. I strongly support the The assistant legislative clerk read CDBG funds. President’s $92 billion request. His re- The PRESIDING OFFICER. The as follows: quest includes essential funding to pay amendment is currently pending. the men and women serving in our The Senator from Mississippi [Mr. COCH- Mr. COCHRAN. Mr. President, this Armed Forces in Iraq and Afghanistan. RAN], for Mr. KENNEDY, proposes an amend- ment numbered 3798. amendment has been cleared on both It also provides the funding needed to sides, and we urge its adoption. restore damaged military equipment Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Is there and purchase new state-of-the-art tech- unanimous consent that reading of the further debate on the amendment? nology. amendment be dispensed with. The Senator from Washington is rec- For fiscal year 2007, we have budg- The PRESIDING OFFICER. Without ognized. eted for much of the cost of the war on objection, it is so ordered. Mrs. MURRAY. Mr. President, I ask terror, but this emergency supple- The amendment is as follows: unanimous consent that Senator NEL- mental is important to provide our (Purpose: To honor Eli Segal’s contribution SON of Florida be added as a cosponsor. American Armed Forces the additional to AmeriCorps by providing that the na- The PRESIDING OFFICER. Without funding they need today. tional service educational awards provided, objection, it is so ordered. I want to stand shoulder to shoulder from available resources, to AmeriCorps Is there further debate on the amend- members on completion of their terms of with the men and women serving in service shall be known as ‘‘Segal awards’’) ment? If not, the question is on agree- Iraq and Afghanistan by supporting the ing to the amendment. At the end of title VII, insert the fol- defense portion of this legislation. And lowing: The amendment (No. 3699) was agreed I would like to roll up my sleeves and SEC. lll. Any national service edu- to. help the Americans who were so dev- cational award described in subtitle D of Mr. COCHRAN. Mr. President, I astated by Hurricane Katrina rebuild title I of the National and Community Serv- thank the Senate for its cooperation in their homes and communities. I believe ice Act of 1990 (42 U.S.C. 12601 et seq.), made moving forward on this bill. As others strongly in these two missions, and I with funds appropriated to, funds transferred may know, there have been two amend- will fight to ensure they are properly to, or interest accumulated in the National ments that I know of that were going funded. Service Trust, shall be known as a ‘‘Segal to be debated and voted on this morn- But today we are looking at legisla- award’’. ing which have been withdrawn. We are tion that has billions of dollars of extra The PRESIDING OFFICER. Is there making good progress in the consider- spending in nonemergency areas. In further debate on the amendment? If ation of Senators’ amendments. If Sen- fact, it has everything but the kitchen not, the question is on agreeing to the ators have amendments, this is the sink. As I read through the programs amendment. time now to let us know. that will provide $20 million for oyster The amendment (No. 3798) was agreed As you know, we are under cloture. fishermen in New England and $4 mil- to. We are not going to permit non- lion for erosion control projects in Mr. COCHRAN. Mr. President, I move germane amendments to be brought up. California and Michigan, I am starting to reconsider the vote. So there will be objections made as a to believe the kitchen sink must be in Mrs. MURRAY. I move to lay that general proposition to accelerate the there, too, somewhere. motion on the table. further discussion and consideration of It saddens me to see in this legisla- The motion to lay on the table was this bill. We hope to complete action tion that States outside of the gulf agreed to. on the bill today. That certainly is pos- coast are trying to latch on to the peo- AMENDMENT NO. 3746 sible with the fact that Senators are ple who suffered from last year’s hurri- Mr. COCHRAN. Mr. President, I call proceeding to let us know about their canes. Emergency spending should be up amendment No. 3746 on behalf of Mr. amendments that are germane. There just that—used for emergency pur- LIEBERMAN which makes a technical is a list of amendments Senators have poses. We should not just add in bil- correction to the bill. told us about that we expect to be lions of dollars of extra funding be- The PRESIDING OFFICER. Without called up. This is the time to do that. cause this is a moving legislative vehi- objection, the pending amendment is So we urge Senators to help us proceed cle.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3942 CONGRESSIONAL RECORD — SENATE May 3, 2006 The legislation before us includes The assistant legislative clerk pro- been and probably would not have been some programs like the Community ceeded to call the roll. given the kind of safety evaluations Development Block Grant Programs Mr. KENNEDY. Mr. President, I ask that other prescriptions drugs would which are funded significantly higher unanimous consent that the order for have taken through—we have to ask: than the President’s request. While I the quorum call be rescinded. Who is going to receive these vaccines support this program, I do not think The PRESIDING OFFICER (Mr. GRA- or treatments? Primarily, they will be this emergency spending bill is the ap- HAM). Without objection, it is so or- individuals whom we call first respond- propriate place to increase overall dered. ers. What are they going to do? They funding for CDBG. I do not see the need AMENDMENT NO. 3688 are going to go into the infected area to spend an extra billion dollars and Mr. KENNEDY. Mr. President, the and try to contain it. expand CDBG’s scope beyond States af- Senator from Washington was kind It is one thing to invest hundreds of fected by Katrina. enough on a previous occasion to offer millions and billions of dollars in de- The legislation further limits the amendment No. 3688. I call for the reg- veloping the vaccines and treatments CDBG money by requiring States to ular order. to minimize the health impact of the spend nearly 20 percent on affordable The PRESIDING OFFICER. Without dangers of avian flu, but if we are going rental housing. I believe it is a mistake objection, the amendment is now pend- to ask first responders to go in and risk to take community planning decisions ing. their lives, their health, and the eco- out of the hands of local and State offi- Mr. KENNEDY. I thank the Chair. nomic stability and security of their cials. For any of my colleagues who had families, we ought to be willing to say And there are other examples of the chance last evening to look at the to these individuals: If you are going to States not affected by the hurricanes national news, the story that led vir- get sick, and you are going to lose your trying to obtain emergency funding. tually all of the national networks was job, or if there is going to be danger to Everyone who has had some form of the concern that our public health offi- your health as you serve as the front- natural disaster in their State is trying cials and worldwide public health offi- line defenders for the rest of society, to get a piece of the pie. I do not want cials have, with regard to the dangers then we are going to compensate you to diminish the tragedy of any dis- of an avian flu pandemic. We listened for the loss of income you are going to aster, but the Federal budget process to the Secretary of HHS talk about the have as a result of taking this vaccine. includes funding for these isolated numbers of Americans who would be af- That is what this amendment does. It events which were never intended to be fected, some 2 million people. With a provides for a compensation program funded with emergency spending. pandemic, we would face the potential for first responders, the people on the For example, there were a series of of closing down airlines, closing air- front lines of a pandemic. bad storms in California in 2002 that ports, dangers in the workplace, health One can say: Is this necessary? All we flooded Los Angeles roadways and dangers. have to do is look at history, and we flooded buildings with hail. The legis- This is something the Subcommittee will find that when you do not have a lation before us would provide $51 mil- on Bioterrorism and Public Health Pre- compensation program, you do not lion for transportation repairs—repairs paredness has been very concerned have volunteers willing to serve as first that the State of California has already about, and I pay special commendation responders, and willing to take on paid for. That is right, this emergency to the chairman of our committee, these challenges. This amendment pro- bill contains money to repay States for Senator BURR, who has had a series of tects our first responders, and so it natural disasters that occurred years hearings not only on the dangers of protects the rest of society as well. It ago. This is unacceptable. avian flu and flu generally but also on is a very limited amendment. That is I have long supported congressionally the dangers of bioterrorism. the reason it is so important. You can directed projects and am prepared to There are some very important com- ask: Is this really an emergency? No defend my projects in the fiscal year mon threats that come from bioter- one can look at the news last night, 2007 appropriations bills. As a member rorism and from an avian flu danger. and see the lead story on all three net- of the Budget Committee, I can tell Obviously the first thing that a nation works, saying there is a real danger you firsthand how important it is to has to do is to be able to detect these that is coming at you, and say we set targets and plan ahead. That is how pathogens in countries where they may ought to treat this as business as we maintain accountability. be developing, and then, secondly, to usual. That is why I believe this We need to remember that every dol- detect them here at home. That is why amendment is appropriate to this sup- lar we spend in this supplemental came development and support for a public plemental. from some hard-working American tax- health system is so important. The administration seems to be suf- payers. The American people deserve a Then there is the challenge of con- fering from a condition that could be Government that is careful with their tainment, to try to contain any of the called ‘‘CDD,’’ competence deficit dis- money. That is why I will vote against dangers. And then, obviously, there is order. Whether in Iraq or Katrina or this legislation. the treatment for individuals who are any other major crisis, the administra- I have also told the President I will affected. That can be treating individ- tion has been incompetent, including support his veto of this legislation if it uals who are affected or trying to pro- the issue of dealing with avian flu. Our passes Congress above his $92-plus bil- vide a vaccine for individuals, so the HELP Committee has analyzed the ad- lion request. I believe we need to cut dangers to those individuals are mini- ministration’s regular failure to pre- spending and work out a responsible mized. These challenges all fall under pare for a flu pandemic, and today we plan that meets the needs of the war on the rubric of the development of a na- are releasing a report showing that terror and rebuilding in the gulf coast tional plan. I will come back to that in they have failed to take the steps need- region. a moment. We in the United States ed to see that America is ready for this I urge my colleagues to curb spend- have not had that kind of effective plan national challenge. They have failed to ing in this emergency spending bill. I developed that would be necessary to invest in the hospital surge capacity, ask for them to consider their vote and deal with the central challenge of a in needed information technology, and what will happen if we pass this legis- public health emergency. in the public health surveillance and lation. I urge those who are on the This amendment I offer is a simple training programs that are needed for fence or on the border or about not to but vital amendment. It is a linchpin an effective response. vote for this bill, not to vote for it but in any kind of battle against the dan- The endless challenges outlined in if they do, to support the President’s gers of avian flu. That is, if we are ex- the pandemic flu plan are a symbol of veto when it comes. pecting our drug industry to be able to the administration’s failure. The prep- Thank you, Mr. President. I yield the develop the vaccines—and we have arations for avian flu have been in such floor and suggest the absence of a given a good deal of flexibility to the prolonged disarray that they are re- quorum. Food and Drug Administration in these leasing their third new plan this week. The PRESIDING OFFICER. The kinds of emergencies, to provide ap- The Bush administration has known of clerk will call the roll. proval to vaccines that might not have the need for a plan to prepare for a flu

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3943 pandemic since the day it took office. been absolutely brilliant in terms of see what the reaction is to the amend- But 2001 came and went without a plan, looking after those individuals, whose ment. They are having a hearing as we then 2002, 2003, 2004, and almost all of lives were so affected by the experi- speak over in the Appropriations Com- 2005, and still no plan. In each of these ments with nuclear materials so many mittee. So I feel obliged to get their years, the warnings of a potential pan- years ago. He, to his credit, developed advice and counsel as to what response demic grew louder but were ignored. a compensation program. I welcomed ought to be made, if any, to the Sen- This chart shows the warnings that the opportunity to work with him to ator’s amendment. We have no objec- have been offered by health experts try to help these people whose health tion to proceeding or to having a vote around the world. From May 2002, the had been absolutely destroyed by expo- on the amendment, but the Senate is World Health Organization: sures, in the national interest, as we entitled to know what the reaction Authorities must understand the potential developed various nuclear weapons. might be. impact and threat of pandemic influenza. Here is our majority leader, Senator Mr. KENNEDY. That is fine and un- This is from the GAO, November 2000: FRIST, who said: derstandable. I will wait until we hear Federal and State influenza plans do not Too many health care workers have been from the chairman and ranking mem- address the key issues surrounding the pur- deterred from receiving the smallpox vac- ber. I don’t intend to extend the discus- chase and distribution of vaccines and cine—in part because of the uncertainties sion. I think it is pretty understand- antivirals. about what would happen, and how they able. I am glad to wait until the leader From the Institute of Medicine in would provide for themselves, if they suf- lets us know when they want to ad- 1992: fered a serious adverse reaction to the vac- dress it and complete action on it. I cine. Policymakers must realize and understand will be available. the magnitude of the influenza pandemic. That states it as clearly and suc- Mr. COCHRAN. Mr. President, I Then we had the series of flu out- cinctly as one could possibly say it. We thank the Senator very much for that breaks: December 2003, outbreak in do not have a guaranteed compensation indulgence. If there are others who South Korea; outbreak in Vietnam, program for pandemic flu vaccines in wish to offer amendments, I am pre- 2004; outbreak in 2006 of avian flu in this legislation or in any other place in pared to ask unanimous consent to Britain. This chart shows all the out- our health care system. This amend- temporarily lay aside the amendment breaks in the most recent years. ment provides a down-payment for the of the Senator from Massachusetts to What have other nations done on the compensation program. You can say: permit other amendments to be of- pandemic? First, let’s look at other Well, why should we do that for this fered. I do ask unanimous consent for countries around the world that have particular program? All we have to do that. developed a comprehensive plan for the is look at other vaccine programs, The PRESIDING OFFICER. Without pandemic. In October 1997, we had a other public health programs, for swine objection, it is so ordered. program by the Japanese; Canada in flu, childhood vaccines, and, after Con- The Senator from Louisiana. February 2004; Czechoslovakia in April gress acted, for smallpox. We had a Ms. LANDRIEU. I would like to offer 2004; February 2005, Hong Kong; March compensation plan for people injured two amendments and have a moment of 2005, Great Britain. by those experimental vaccines. But to speak about two amendments that I will not include these plans in the for the new ones, we only have an are germane. RECORD, but let me show the extent of empty sham of a compensation, with The PRESIDING OFFICER. The Sen- the British pandemic flu program. I no funding. ator is recognized for that purpose. have illustrated this at other times So, Mr. President, that is what this AMENDMENT NO. 3750 during similar discussions. Here is the amendment does. It provides some $289 Ms. LANDRIEU. Mr. President, I will Canadian plan. These are enormously million for the development of that bring up for a brief discussion my comprehensive programs. They are pro- compensation program. It is effectively amendment No. 3750. grams that deal with rural areas, urban the same kind of program that has The PRESIDING OFFICER. The areas, training programs. And not only been essential in the past, and it is es- clerk will report. are there programs, they are being im- sential now if we expect our front-line The legislative clerk read as follows: plemented. Our strategy was issued in responders to be willing to take experi- The Senator from Louisiana [Ms. LAN- November 2005, and it has remained in- mental vaccines and to risk their lives DRIEU] proposes an amendment numbered complete since then. The administra- for the common good of the community 3750. tion has sent a second plan to us now. that may well be threatened by avian Ms. LANDRIEU. Mr. President, I ask What is it basically that we are try- flu or bioterrorism. Individuals who are unanimous consent that further read- ing to do? We are trying to get a com- well trained as front-line responders ing of the amendment be dispensed prehensive plan from the administra- ought to have the assurance that if with. tion, a plan that has been imple- they take an experimental drug and The PRESIDING OFFICER. Without mented. Let me show one other chart. they go out there to protect the public, objection, it is so ordered. This isn’t just what I believe. From the if something is going to happen to The amendment is as follows: GAO report, November 2000: them, there will be a compensation (Purpose: To direct the Secretary of the Federal and State influenza plans do not fund to compensate them for their Army to develop a comprehensive plan for address the key issues surrounding the pur- health care needs and their immediate the deauthorization of deep draft naviga- chase and distribution of vaccines and needs, if that should turn out to be the tion on the Mississippi River Gulf Outlet antivirals. case. Nothing more, nothing less. That and address wetland losses and other issues relating to that Outlet) From June 2005: is essentially what this amendment does. On page 159, strike lines 1 through 10 and The draft plan does not establish the ac- insert the following: tions the Federal Government would take to Mr. President, I see our floor man- purchase and distribute the vaccine during agers here. I am glad to accommodate $7,250,000, to remain available until ex- an influenza pandemic. whatever they would like. I would like pended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, This is from a GAO June 2005 report. to get a yea or nay vote at some time. shall use $3,500,000 to develop a comprehen- That is the current situation. I know they have a full program. I ask sive plan, at full Federal expense, that, at a Right now, we have in this legisla- for the yeas and nays. minimum, will deauthorize deep draft navi- tion resources to pruchase the vaccines The PRESIDING OFFICER. Is there a gation on the Mississippi River Gulf Outlet in an emergency. But we do not have a sufficient second? There is a sufficient established by Public Law 84–455 (70 Stat. 65, compensation program. We have a second. chapter 112) (referred to in this matter as the compensation program in name, but The yeas and nays were ordered. ‘‘Outlet)’’, extending from the Gulf of Mexico that is all it is. It is not funded. Well, Mr. COCHRAN. Mr. President, if the to the Gulf Intracoastal Waterway, and ad- dress wetland losses attributable to the Out- you can say we will try to find a way Senator will yield, I am checking with let, channel bank erosion, hurricane and to fund it in the future. Tell that to the chairman and ranking member of storm protection, saltwater intrusion, navi- the downwinders out in Utah. Tell that the Appropriations Subcommittee on gation, ecosystem restoration, and related to my friend, Senator HATCH, who has Labor, Health and Human Services to issues: Provided further, That the plan shall

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3944 CONGRESSIONAL RECORD — SENATE May 3, 2006 include recommended authorization modi- where that breach occurred. This ave- AMENDMENT NO. 3752 fications to the Outlet regarding what, if nue was thought—at the time we built Ms. LANDRIEU. Mr. President, I call any, navigation should continue, measures it and designed it, like so many large up amendment No. 3752. to provide hurricane and storm protection, The PRESIDING OFFICER. The prevent saltwater intrusion, and re-establish civil works projects we have done in the storm buffering properties and ecological this Nation—to be a positive effort to clerk will report. integrity of the wetland damaged by con- help expand the opportunities for the The legislative clerk read as follows: struction and operation of the Outlet, and port for trade and commerce. For a The Senator from Louisiana [Ms. LAN- complement restoration of coastal Lou- while, it did serve that purpose. But DRIEU] proposes an amendment numbered isiana: Provided further, That the Secretary what has happened is that over a dec- 3752. shall develop the plan in consultation with ade, it has caused such erosion in the Ms. LANDRIEU. I ask unanimous the Parish of St. Bernard, Louisiana, the great expanse of marshland that it was consent that further reading of the State of Louisiana, the Secretary of the In- terior, the Secretary of Commerce, the Ad- placed in—or the marsh was dredged amendment be dispensed with. ministrator of the Environmental Protection through and created, that it really is The PRESIDING OFFICER. Without Agency, and the National Academy of causing, according to everyone who has objection, it is so ordered. Sciences: Provided further, That the Sec- looked at how the flooding occurred in The amendment is as follows: retary shall seek input, review, and com- our area, it is causing serious—not (Purpose: To direct the Secretary of Com- ment from the public and the scientific com- only environmental—damage but is merce to provide a grant to the Port of munity on the plan: Provided further, That now a real threat to life and property. New Orleans to mitigate increased costs the Secretary shall ensure that an inde- So there has been an effort underway resulting from the loss of deep draft navi- pendent panel of experts established by the gation access to certain facilities at the National Academy of Sciences reviews and between port officials, parish officials Port in the aftermath of Hurricane provides written comments on the proposed in St. Bernard, and the business com- Katrina) plan: Provided further, That, not later than 1 munity to try to come up with a way On page 178, after line 21, add the fol- year after the date of enactment of this Act, to close the Mississippi River gulf out- lowing: the Secretary shall submit an interim report let but to do it in a way that protects to Congress comprising the plan, the written ECONOMIC DEVELOPMENT ADMINISTRATION comments of the independent panel of ex- the parish of St. Bernard primarily and For an additional amount for the mitiga- perts, and the written explanation of the the lower ninth ward, as well as trying tion of increased costs resulting from the Secretary for any recommendation of the to give some period of time for the few loss of deep draft navigation access to cer- independent panel of experts not adopted in businesses that are along the gulf out- tain facilities at the Port of New Orleans in the plan: Provided further, That the Sec- let to make arrangements to move. the aftermath of Hurricane Katrina, retary shall refine the plan, if necessary, to My amendment would simply provide $8,500,000, to remain available until Sep- be fully consistent, integrated, and included a de minimis $3.5 million for the Corps tember 30, 2007, to be provided by the Sec- in the final technical report to be issued in retary of Commerce, acting through the As- December 2007 pursuant to the matter under of Engineers to develop a closure plan sistant Secretary for Economic Develop- the heading ‘‘INVESTIGATIONS’’ under the because the consensus at home is that ment, to the Port of New Orleans in the form heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of the Mississippi River gulf outlet, which of a grant: Provided, That the Secretary shall title I of the Energy and Water Development is demonstrated here on the map, administer the grant under this section in Appropriations Act, 2006 (Public Law 109–103, which served at one time as a very im- accordance with section 209 of the Public 119 Stat. 2247; Public Law 109–148, 119 Stat. portant shipping channel—it is signifi- Works and Economic Development Act of 2814): Provided further, That the amount pro- cant that shipping has greatly dimin- 1965 (42 U.S.C. 3149): Provided further, That vided under this heading is designated as an ished as its threat to the environment the amount provided under this heading is emergency requirement pursuant to section designated as an emergency requirement 402 of H. Con. Res. 05 (109th Congress), the has substantially increased. Because pursuant to section 402 of H. Con. Res. 95 concurrent resolution on the budget for fis- we have not had the Federal or State (109th Congress), the concurrent resolution cal year 2006: Provided further, That, of the resources to actually protect these on the budget for fiscal year 2006. amount made available under this heading, marshlands the way we should, this Ms. LANDRIEU. Mr. President, this $3,750,000 shall be available only to the ex- channel has become quite wide, much amendment is a 1-year grant of $8.5 tent that an official budget request for a spe- wider than any of us had anticipated— cific dollar amount, that includes designa- million to the Port of New Orleans to even the Corps. And the possibilities of mitigate the increased costs resulting tion of the entire amount of the request as flooding have been increased because an emergency requirement, is transmitted from the loss of deep-draft navigation by the President to Congress. the channel has been expanded and access to certain facilities and ports. these marshes have been eroding from Ms. LANDRIEU. Mr. President, this This is part B of this amendment. We many different factors, not just this. amendment that I offer tries to move worked to create a plan to close this forward a very difficult situation that So this very modest $3.5 million from large deep-draft vessels. They we are faced with in Louisiana about would allow a study—a plan, not really still have access, obviously, through how to protect not just the New Orle- a study, because the studies are com- the inner harbor canal lock through ans city proper but the greater metro- pleted—and this will become part of the GIWW. We still have to find a way politan area and parts of south Lou- our overall protection system for this to help offset some of the costs to some isiana from flooding in the future. region. Again, the point is that we are of these companies that are located As you know, Mr. President, because not just building levees to protect here as a transitional plan, so that we you have been gracious enough to be southern Louisiana and southern Mis- can make these arrangements that the one of the Senators to go walk through sissippi and other places. It is a com- Corps is recommending for safety of the neighborhoods and see the flooding, bination of some levees, some coastal the port facilities and the people being a firsthand witness, it wasn’t just restoration, and some smart naviga- around it. That is basically what the hurricanes, Katrina and Rita, but tion channel work, or rework, that is amendment No. 3752 will accomplish. it was the breaking of levee systems. integrated—much more of a sophisti- As I have said before, this was cre- Some of those levees were long indus- cated, coordinated approach than in ated back many decades ago when we trial canals that served this great port the past. didn’t realize the environmental im- which, together with the South Lou- I offer this amendment by way of ex- pact. It has caused not just problems isiana Port, is the largest port system planation to show that the studies from Katrina and Rita, but it prompted in America. Some of these levees were have been done. There has been a lot of a great deal of flooding back in 1965 along the lake. Some of them were evaluation of past storms. This will with Hurricane Betsy, one of the worst along what we call the London Avenue allow the Corps to come up with a plan in this region, well before Katrina and Canal. to close MRGO, provide for shipping Rita. So we have known for a long time There was a project that was de- and good environmental restoration, that this had to be done. signed and structured by the Corps of and, most importantly, protect St. Ber- With these two amendments, I be- Engineers back in the 1930s and 1940s nard Parish and the lower part of ward lieve the port can have some money for called the Mississippi River gulf outlet. 9 in Orleans Parish and New Orleans the transition, the Corps can get the I think you actually stood on that east from flooding in the future. plans done to ready the closure, and we levee, Mr. President, and looked to see So that is the amendment. will be well on our way to protecting a

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3945 great number of people at a minimal The amendment is pending. mote and develop democracy in Iraq. The re- expense to the Federal Government or Mr. COCHRAN. Mr. President, this is port shall include the following: to the local and State governments and an amendment that was offered last (1) A description of the objectives of the having a great benefit for shipping, the evening by the distinguished Senator Secretary of State to promote and develop democracy at the national, regional, and environment, and the community that from North Carolina, Mr. BURR. As I provincial levels in Iraq, including develop- lives along this industrial channel. say, it has been cleared on both sides. ment of civil society, political parties, and I thank the chairman for the time to I ask unanimous consent the amend- government institutions. discuss the amendments. We will fol- ment be modified with the modifica- (2) The strategy to achieve such objectives. low his direction as to when these tions at the desk. (3) The schedule to achieve such objectives. amendments come up for a vote. I yield The PRESIDING OFFICER. Without (4) The progress made toward achieving back my time. objection, it is so ordered. such objectives. The PRESIDING OFFICER. The Sen- The amendment, as modified, is as (5) The principal official within the United ator from Mississippi. States Government responsible for coordi- follows: nating and implementing democracy funding Mr. COCHRAN. Mr. President, to re- On page 238, line 23, strike ‘‘Control and for Iraq. spond to the Senator’s comments, in Prevention, and’’ and insert ‘‘Control and Mr. COCHRAN. Mr. President, I send looking at the list of amendments that Prevention, $5,000,000 shall be for the Smith- a modification to the desk. are not germane, these two amend- sonian Institution to carry out domestic dis- The PRESIDING OFFICER. Is there ments appear to be not germane ease surveillance, and’’. The PRESIDING OFFICER. Is there objection to the modification? postcloture and therefore not in order. Without objection, the amendment is further debate on the amendment, as We are checking to see what the reac- so modified. modified? If not, the question is on tion is from the authorizing com- The amendment (No. 3686), as modi- agreeing to the amendment, as modi- mittee. What that would amount to is fied, is as follows: this is an authorization that has not fied. The amendment (No. 3713), as modi- On page 126, between lines 12 and 13, insert been approved. The language amounts the following: to an authorization of a water project fied, was agreed to. DEMOCRACY IN IRAQ that has not been approved by the com- Mr. COCHRAN. Mr. President, I move to reconsider the vote. SEC. 1406. (a) Of the funds provided in this mittee that has legislative jurisdiction chapter for the Economic Support Fund, not over the issues. So we are awaiting a Mrs. MURRAY. Mr. President, I less than $104,500,000 should be made avail- response and a reaction from the legis- move to lay that motion on the table. able through the Bureau of Democracy, lative committee to the amendments. The motion to lay on the table was Human Rights, and Labor of the Department I suggest we move on to other agreed to. of State, in coordination with the United amendments that may be in order. The Mr. COCHRAN. Mr. President, I now States Agency for International Develop- Kennedy amendment was temporarily advise that we can call up an amend- ment where appropriate, to United States laid aside so the Senator could discuss ment of Senator KENNEDY regarding de- nongovernmental organizations for the pur- her two amendments. Having done so, I mocracy in Iraq. pose of supporting democracy assistance pro- grams in Iraq that promote the long term de- think we can return to the Kennedy AMENDMENT NO. 3686, AS MODIFIED velopment of civil society, political parties, amendment and then let the Senate Mr. COCHRAN. Mr. President, I call election processes, the rule of law, reconcili- work its will on that amendment. The up amendment No. 3686, on behalf of ation activities, and parliament in that Senator from Massachusetts has asked Senator KENNEDY and others, regarding country: Provided, That the Secretary of for the yeas and nays on his amend- democracy in Iraq. State shall consult with the Committees on ment, and we could proceed to a vote. The PRESIDING OFFICER. Without Appropriations prior to the initial obligation We were trying to get a reaction objection, the pending amendments are of funds made available under this section on from the chairman of the appropria- the uses of such funds: Provided further, That set aside. of the funds made available under this head- tions subcommittee having jurisdiction The clerk will report. ing, up to $8,500,000 should be made available over the pandemic influenza vaccine The legislative clerk read as follows: for the United States Institute of Peace for issue, the Labor, Health and Human The Senator from Mississippi [Mr. COCH- programs in Iraq and Afghanistan. Services Appropriations subcommittee. RAN], for Mr. KENNEDY, for himself, Mr. (b) The President shall include in each re- They are having a hearing right now BIDEN, and Mr. LEAHY, proposes an amend- port submitted to Congress under the United and we haven’t had a response to our ment numbered 3686. States Policy in Iraq Act (section 1227 of inquiry about the reaction. We also Mr. COCHRAN. Mr. President, I ask Public Law 109–163; 50 U.S.C. 1541 note; 119 think the leaders are entitled to notice unanimous consent that the reading of Stat. 3465) a report on the extent to which funds appropriated in this Act support a that this could be subject to a recorded the amendment be dispensed with. short-term and long-term strategy to pro- vote to get the reaction as to whether The PRESIDING OFFICER. Without mote and develop democracy in Iraq, includ- this is the time to do that or if they objection, it is so ordered. ing: are available to discuss it, if the leader The amendment is as follows: (1) A description of the objectives of the wants to discuss the issue. So awaiting On page 126, between lines 12 and 13, insert Secretary of State to promote and develop those advices, I suggest the absence of the following: democracy at the national, regional, and provincial levels in Iraq, including develop- a quorum. UNITED STATES STRATEGY TO PROMOTE ment of civil society, political parties, and The PRESIDING OFFICER (Mr. ISAK- DEMOCRACY IN IRAQ government institutions. SON). The clerk will call the roll. SEC. 1406. (a) Of the funds provided in this (2) The schedule to achieve such objectives. The legislative clerk proceeded to chapter for the Economic Support Fund, not (3) The progress made toward achieving call the roll. less than $96,000,000 should be made available such objectives. Mr. COCHRAN. Mr. President, I ask through the Bureau of Democracy, Human (4) The principal official within the United unanimous consent that the order for Rights, and Labor of the Department of States Government responsible for coordi- the quorum call be rescinded. State, in coordination with the United nating and implementing democracy funding The PRESIDING OFFICER. Without States Agency for International Develop- for Iraq. ment where appropriate, to United States objection, it is so ordered. nongovernmental organizations for the pur- Mr. KENNEDY. Mr. President, as the Mr. COCHRAN. Mr. President, I un- pose of supporting broad-based democracy senior Senator from Kentucky knows, derstand that two other amendments assistance programs in Iraq that promote the Kennedy-Biden-Leahy amendment have now been cleared for the consider- the long term development of civil society, sets aside $104.5 million in economic ation of the Senate. political parties, election processes, and par- support funds in the supplemental for AMENDMENT NO. 3713, AS MODIFIED liament in that country. U.S. nongovernmental organizations Mr. COCHRAN. Mr. President, I ask (b) The President shall include in each re- for democracy building programs that port submitted to Congress under the United promote the long-term development of unanimous consent to call up amend- States Policy in Iraq Act (section 1227 of ment No. 3713. Public Law 109–163; 50 U.S.C. 1541 note; 119 civil society, political parties, election The PRESIDING OFFICER. Is there Stat. 3465) a report on the extent to which processes, the rule of law, reconcili- objection? Without objection, it is so funds appropriated in this Act support a ation activities, and parliament in ordered. short-term and long-term strategy to pro- Iraq.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3946 CONGRESSIONAL RECORD — SENATE May 3, 2006 Currently, there are six nongovern- democratic gains that have been made support and sustain civil society in mental organizations doing excellent so far. Iraq. ADF and its partner civil society democracy work in Iraq under ex- American nongovernmental organiza- organizations in Iraq have provided tremely difficult and dangerous condi- tions such as the National Democratic training and assistance to thousands of tions. Our expectation is that $96 mil- Institute, the International Republican Iraqi government officials at the na- lion of the funds in our amendment Institute, the National Endowment for tional, regional, and local level on would be allocated among the six orga- Democracy, IFES, formerly known. as issues such as anticorruption, trans- nizations in the following way to con- the International Foundation for Elec- parency, accountability, fiscal respon- tinue their work in Iraq: tion Systems, the International Re- sibility, whistleblower protection, and IFES would receive $20 million. The search and Exchanges Board and Amer- the development of nongovernmental International Research and Exchanges ica’s Development Foundation are well organizations. Board would receive $6 million. The respected in Iraq and throughout the ADF wants to continue its work, but National Endowment for Democracy world. Each has substantial operations its funding will end in June. USAID would receive $10 million. The Amer- in Iraq, and their work is essential to supports this work and has a contract ica’s Development Foundation would the administration’s goal of building a pending, but it doesn’t have the re- receive $16 million. stable democracy in Iraq. sources to fulfill it. Our amendment The National Democratic Institute Yet despite their success so far in provides $16 million to sustain its work and the International Republican Insti- helping to promote democracy and the over the next 18 months. Similarly, the tute would each receive $22 million. enormous risks their employees take National Endowment for Democracy These funds would be in addition to the by working in the war zone, the admin- has no clear sense of what the future $15 million that the administration has istration has made no long-term com- holds for them in Iraq. requested for these activities in fiscal mitment to provide funding for their Two of the endowment’s core grant- year 07. work in Iraq. Each organization oper- ees—the Center for International Pri- In each case, the additional funds are ates on pins and needles, never know- vate Enterprise and the Labor Soli- intended to be used by the organiza- ing when their funding for Iraq oper- darity Center in Iraq—have important tions over the next 18 months to con- ations will dry up. democracy promotion functions. tinue their current operations. I under- The American nongovernmental or- Since opening a regional office in stand that each organization will need ganization IFES has been in Iraq since Baghdad in October 2003, the Center for to submit a proposal to justify the use October 2003. It has provided technical International Private Enterprise has of funds before they can be made avail- assistance in each of Iraq’s elections so worked to build capacity for market able. far, and it has been asked to provide oriented democratic reform in Iraq. It Does the Senator from Kentucky such assistance for regional and pro- has provided training and grant sup- agree with this allocation of funds? vincial elections scheduled for April port to approximately 22 Iraqi business associations and chambers of com- Mr. MCCONNELL. Yes, I do. 2007. Mr. KENNEDY. Does the Senator It is also preparing for a possible sec- merce. The Labor Solidarity Center works from Vermont agree with this alloca- ond referendum on the constitution, directly with Iraqi trade unions to de- tion of funds? and is assisting as well in the enact- velop skills in strengthening inde- Mr. LEAHY. Yes, I do. And I would ment and implementation of legisla- pendent and democratic trade unions. add that the amendment also provides tion governing the operations of a new In addition, the endowment partners that up to $8.5 million should be made election council for local elections. with 32 local organizations on the available to support the activities of Inexplicably, funding will run out in ground in Iraq to promote and sustain the United States Institute of Peace in June, and the administration has not civil society projects on political devel- Iraq. yet committed any additional funds. opment, raising awareness of women’s Mr. KENNEDY. Mr. President, I None of the funds in this supplemental rights, and encouraging the free flow of thank the senior Senator from Ken- spending bill are set-aside for it, and information to Iraqi citizens. tucky, Mr. MCCONNELL, and the Sen- none of the meager $63 million re- The endowment wants to continue ator from Vermont for their assistance quested in the fiscal year 2007 budget working directly with the Iraqi people on this amendment. for democracy-building is intended for and be able to guarantee continuity in The amendment provides $104.5 mil- IFES either. Our amendment would its democracy grants to Iraqi organiza- lion for American nongovernmental or- provide $20 million to sustain its de- tions. But no funding is set aside in ganizations helping Iraqis to create the mocracy work in Iraq for the next 18 this bill or in the fiscal year 2007 budg- essential building blocks of democracy. months, through the end of fiscal year et for its programs. It is cosponsored by Senators BIDEN 2007. Our amendment provides $10 million and LEAHY. An independent media is also essen- to sustain the democracy programs of Last year, Iraq passed several impor- tial to a successful democracy. A U.S. the Center for International Private tant milestones on the long road to de- nongovernmental organization, the Enterprise, the Labor Solidarity Cen- mocracy. However, as important as the International Research and Exchanges ter, and the Endowment for Democ- two elections and the referendum on Board—IREX is working in Iraq to see racy’s local partners for 18 months. the constitution were, they were not that the Iraqi people have independent, Similarly, the International Repub- decisive, and it is far from clear that professional, high quality news and lican Institute and the National Demo- democracy is being firmly established public affairs information. To create cratic institute—are doing truly im- in Iraq. an environment in which a free press pressive work in Iraq under extraor- The process of building democratic can flourish, it is also seeking to estab- dinarily difficult circumstances. institutions is different and requires lish a legal, regulatory, and policy en- The International Republican Insti- patience in developing effective gov- vironment that supports independent tute programs in Iraq have focused on ernmental structures, a genuine rule of media. three principal goals: development of law, political parties committed to IREX’s funding for these important an issue-based political party system; peaceful means, an active civil society, programs is also running out, and it establishment of the foundation for a and a free press. Constructive inter- will be forced to close its operations more transparent and responsive gov- national engagement is essential as this summer, which would pull the rug ernment; and the emergence of an ac- well in the case of Iraq. For a country out from under many struggling new tive and politically involved civil soci- as heavily repressed as long as Iraq, de- press organizations in Iraq. Our amend- ety. mocracy will take even longer to take ment would provide $6 million to sus- The National Democratic Institute root. tain IREX’s democracy work in Iraq supports a number of democracy pro- It is far from clear, however, that the for the next 18 months. grams in Iraq as well, with emphasis on Bush administration has a long-term In addition, the nongovernmental or- political parties, governance, civil soci- strategy—or even a short-term strat- ganization America’s Development ety and women’s rights. It has four of- egy—to solidify and continue the Foundation provides essential aid to fices in Iraq to promote these essential

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3947 building blocks of strong democracy, Regardless of whether we supported NATIONAL DEMOCRATIC INSTITUTE, and it works directly with Iraqi part- or opposed the war, we all agree that Washington, DC, April 25, 2006. ners and hundreds of local civic organi- the work of building democracy re- Hon. EDWARD KENNEDY, U.S. Senate, zation. quires patience, skill, guaranteed con- Both IRI and NDI want to continue Washington, DC. tinuity, and adequate resources. DEAR SENATOR KENNEDY: I am writing to to build these essential links between express our deep appreciation for your com- the government and political parties, It makes no sense to shortchange Iraq’s political development. We need a mitment to long-term democracy building in order to enable the government be- efforts in Iraq. Your leadership in this issue come more responsive and effective in long-term political strategy, and we has allowed non-profit organizations such as addressing the needs of Iraq’s people. must back up that strategy with the NDI to continue to help courageous Iraqis Despite the impressive contribution needed resources, if we truly hope to struggling for a more democratic and open of these two Institutes to democracy in achieve a stable, peaceful and demo- society. The long-term success of America’s Iraq, neither is guaranteed steady fu- cratic Iraq. efforts in Iraq will ultimately rest on our ture funding for its programs. The ad- ability to empower these Iraqis to overcome Our amendment provides the re- a long history of isolation, dictatorial rule, ministration’s budget provides only sources necessary to ensure continuity and ethnic division. $7.5 million for each Institute—enough in these democracy programs in Iraq. I With the support of Congress, the National for just 2 months of operating ex- thank Senators MCCONNELL and LEAHY Endowment for Democracy, USAID, and the penses. Our amendment provides an ad- for their hard work on this provision, Department of State’s Bureau for Democ- ditional $22 million for each institute’s racy, Human Rights, and Labor, NDI has, and I am delighted that it will become since 2003, developed a sizeable program that essential democracy programs in Iraq part of this legislation. for the next 18 months. works to strengthen civil society, political NATIONAL ENDOWMENT FOR DEMOCRACY, parties, governing-institutions, and women’s The amendment also provides $8.5 Washington, DC, April 24, 2006. million for the U.S. Institute of Peace political participation and leadership. With Hon. TED KENNEDY, seven offices throughout the country, NDI for its important work to promote rec- Russell Senate Office Building, employs more than 200 Iraqi program staff onciliation. Washington, DC. and 30 full-time international staff from This amendment has broad support DEAR SENATOR KENNEDY: On behalf of the Canada, Ecuador, Egypt, France, Serbia and in the democracy community, and I Board of Directors of the National Endow- the United States. An additional 30 practi- ask unanimous consent to print letters ment for Democracy, we are writing to tioners from the U.S. Canada, Eritrea, the supporting it in the RECORD at the end thank you for your commitment to creating Netherlands, Spain, and the United Kingdom of my remarks. a viable and sustainable democracy in Iraq. have regularly visited Iraq to share expertise with their Iraqi counterparts. The PRESIDING OFFICER. Without As you know; the National Endowment for objection, it is so ordered. NDI’s program works directly with Iraqis Democracy received the first of several almost exclusively outside the Green Zone to (see exhibit 1.) awards from the Department of State in Feb- Mr. KENNEDY. Thousands of Iraqis build the critical linkages between Iraqi citi- ruary 2004 to support programs carried out zens and government that are necessary for are working hard, often at great risk to by our four core institutes, the International long-term legitimacy of, and participation in themselves, to develop civic groups, Republican Institute (IRI), the National the country’s new democratic system. The participate in political parties and Democratic Institute (NDI), the Center for Institute has trained more than 6,000 polit- election, and run for and serve in polit- International, Private Enterprise (CIPE), ical party and 3,000 women activists, pro- ical office. The dramatic pictures of and the Solidarity Center. In addition, NED vided best international practices on issues Iraqis waving their purple fingers after directly funds local Iraqi groups focusing on such as federalism and human rights to key voting in past elections remind us of the promotion of women in the democratic Iraqi decision-makers and the Constitutional the enormous stakes. process, strengthening an independent Drafting Committee, and helped more than Progress to avoid civil war and defeat media, and increasing youth participation in 150 nascent NGOs deploy more than 30,000 election monitors for the two national elec- the insurgency is directly related to the political process. After our September 2006 Board meeting, NED will not be able to tions and constitutional referendum. Many progress on democracy-building, and maintain its current program in Iraq with- of the same NGOs have, with NDI support, ongoing work on this all-important out renewed funding. led town hall meetings for more than 300,000 issue must be a top priority. Iraqis on the new constitution and the work- We must be clear in our commitment Should funding for democracy programs in ings of the parliament. to stand by these organizations that Iraq be available for the remainder of Fiscal Building democratic institutions and proc- Year 2006 and into Fiscal Year 2007, the En- esses, beyond elections is a long-term propo- are working on the front lines in the dowment will facilitate the development of a struggle for democracy in Iraq every sition. In parts of Eastern European alone, nationwide coalition of local groups that the United States, through organizations day. We also need to demonstrate to crosses geographic, ethnic and confessional such as NDI, continues to be engaged after Iraqis and others that we are com- lines, which will advocate for political toler- the region’s initial transition 16 years ago. mitted to Iraq’s long-term democratic ance, accountable governance, rule of law Iraq will likely require an even longer inter- development. We need a long-term plan and rational use of national resources. Also, national engagement. With the recent elec- and a long-term strategy that is NED will continue to fund CIPE, which has a tion of the first parliament under a new con- backed by appropriate resources. developed network of over 40 business asso- stitution, the real work in Iraq is just begin- President Bush has called for pa- ciations and chambers of commerce. CIPE’s ning. And, NDI remains committed to the tience in Iraq. He should heed his own program will support Iraqis in building a long-term democracy programs needed to advice. He can’t speak about having pa- platform for moderate and market-oriented meet this challenge. approaches in Iraq’s political process. Fur- Such a sustained commitment would not tience for democracy in Iraq, and then ther, NED will provide funding to the Soli- be possible without continued U.S. govern- cut funding for the groups that are as- darity Center to support local Iraqi trade ment support; and the leadership and vision sisting so capably in its development. unions in developing policy platforms and that you and your colleagues have shown for Our financial commitment to the or- advocating for labor legislation, and working ongoing democracy promotion efforts is ganizations at the forefront of the de- with the Iraqi oil unions to develop their ca- greatly appreciated by NDI and other organi- mocracy effort must be strong and un- pacity to be a force for promoting trans- zations involved in Iraq. ambiguous. By failing to guarantee parency, anti-corruption, and the rule of law With best regards. Sincerely, continuity for their programs, we send in Iraq’s largest economic sector. KENNETH WOLLACK, a confusing signal that can only be The Endowment is committed to sup- President. harmful for this very important effort. porting the Iraqi people in developing a We are now spending more than $1 democratic culture and creating institutions INTERNATIONAL RESEARCH billion a week for military operations that will promote individual rights and free- AND EXCHANGES BOARD, for the war in Iraq. At this rate, it doms. This will be a long-term endeavor, and Washington, DC, April 20, 2006. would take the military less than one we thank you for your continuing support Hon. EDWARD KENNEDY, day to spend the $104.5 million provided and dedication on this important issue. U.S. Senate, Sincereely, Washington, DC. in this amendment for democracy pro- VIN WEBER, DEAR SENATOR KENNEDY: I am writing to motion. Surely, we can commit this Chairman of the Board thank you for your strong support for de- level of funding for democracy pro- RICHARD A. GEPHARDT, mocracy assistance in Iraq and your efforts grams over the next 18 months. Vice-Chair of the Board. to ensure that this support from the United

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3948 CONGRESSIONAL RECORD — SENATE May 3, 2006 States continues. IREX, a non-profit organi- the development of electoral scenarios and The PRESIDING OFFICER. Without zation dedicated to education, civil society, cost models for Coalition Provisional Au- objection, it is so ordered. and media, has been working to support thority. Since September of 2004, IFES has Mr. KENNEDY. In the 45 seconds re- Iraq’s nascent independent media sector as provided technical assistance to the Inde- maining, I indicate to the Members of part of a USAID civil society project—the pendent Election Commission of Iraq (IECI), Iraqi Civil Society and Independent Media while at the same time providing significant the Senate this amendment has the Program. technical and material support for the con- complete support of all the public We strongly believe that a vibrant and pro- duct of three electoral processes in the coun- health officials and departments vir- fessional independent media sector is crucial try as part of the UN-led International Elec- tually across the country; the public to a stable and democratic Iraq. Capable tion Technical Assistance Team (TEAT). health community virtually univer- Iraqi individuals and organizations are work- Helping democratic institutions find the sally appreciates and understands the ing with U.S. support and risking their lives strength and creativity to work in hostile importance of this program. It does political environments is one of the most dif- for the sake of media freedom, but much also have the complete support of the work remains to be done. However, our work ficult tasks in democracy assistance, but it is slated to end on June 30, 2006 due to lack is a task with which we have experience and first responders. If we want to do some- of funding for democracy initiatives. Key through which we have achieved notable suc- thing that is going to help to protect media initiatives and successes supported by cesses. Going forward, Iraqi election orga- our first responders, in public health the U.S. Government that face closure with nizers face a number of challenges sur- emergencies and with the dangers of a an end of U.S. assistance, include: rounding the creation of a new and perma- pandemic, this is an amendment to do The National Iraqi News Agency nent election management body by the so. (www.ninanews.com), the first independent Council of Representatives, the design and implementation of a new voter registration I thank the Chair. commercial news agency in the Arab World. The PRESIDING OFFICER. The Sen- After only 7 months, approximately 1500 system, conduct of local elections in April NINA stories are carried by more than 50 2007, and post-election support for possible ator yields the floor. The question is on Iraqi media outlets each month. NINA sets a referenda on the constitution and regional agreeing to amendment No. 3688, as standard of professionalism for the media issues. Our work in Iraq, which has merely modified, on which the yeas and nays sector and has survived the effects of two begun, has given us a unique, firsthand per- were previously ordered. bombings yet carried on its work unimpeded. spective on the post-invasion political and The clerk will call the roll. Iraqis for Public Broadcasting is a group of electoral transition in Iraq. It is our strong The legislative clerk called the roll. dedicated civil society and media profes- view that there has never been a more crit- Mr. DURBIN. I announce that the sionals who have served as a public watchdog ical time to sustain and strengthen Iraq’s Senator from West Virginia (Mr. to fight government and political inter- democratic process. Continued support for our work after July 1, 2006, when IFES’ cur- ROCKEFELLER) is necessarily absent. ference in the Iraqi Media Network. The The PRESIDING OFFICER. Are there group has developed a new public broad- rent programming is set to end, will help to casting law that could help develop IMN into ensure the future of a fair and transparent any other Senators in the Chamber de- the Arab world’s first independent public electoral process in Iraq. siring to vote? broadcaster. Your commitment and engagement on this The result was announced—yeas 53, The Iraqi Media Network, meant to be the matter is timely and essential and we com- nays 46, as follows: mend you for your sustained vision and focus public broadcaster for Iraq, has been beset by [Rollcall Vote No. 107 Leg.] to promote not only our work, but that of attempts at political control of its news and YEAS—53 public affairs programming. IREX is one of other key democracy promotion organiza- the few organizations that has been able to tions. Akaka Durbin Mikulski Baucus Feingold work inside IMN with its journalism staff, Sincerely, Murray Bayh Feinstein Nelson (FL) assisting in development of programming on RICHARD SOUDERIETTE, President and CEO, IFES. Biden Harkin Obama the elections and the constitution, providing Bingaman Hatch Pryor citizens a forum for debate. IREX is cur- The PRESIDING OFFICER. Is there Boxer Inouye Reed rently advising IMN on two new programs further debate on the amendment, as Byrd Jeffords Reid that will link the different regions of Iraq as modified? Cantwell Johnson Roberts Carper Kennedy a contribution to building a sense of a demo- Salazar Hearing none, the question is on Chafee Kerry Sarbanes cratic Iraqi identity spanning ethnic and re- agreeing to the amendment, as modi- Clinton Kohl Schumer ligious divides. fied. Coleman Landrieu Training and support for journalists and Smith The amendment (No. 3686), as modi- Collins Lautenberg media outlets throughout Iraq will end. The Conrad Leahy Snowe program has provided training to Kurds, fied, was agreed to. Dayton Levin Specter Sunnis, Shiias, in many cases bringing the Mr. COCHRAN. Mr. President, I move DeWine Lieberman Stabenow groups together. Women have been a key tar- to reconsider the vote. Dodd Lincoln Talent Wyden get for the trainings. Mrs. MURRAY. Mr. President, I Dorgan Menendez We welcome and commend your ongoing move to lay that motion on the table. NAYS—46 commitment to democracy assistance for The motion to lay on the table was Alexander Dole McCain Iraq, not only independent media develop- agreed to. Allard Domenici McConnell ment, but also in other key components of Mr. COCHRAN. Mr. President, I sug- Allen Ensign Murkowski democratic development such as civil soci- gest the absence of a quorum. Bennett Enzi Nelson (NE) ety, elections, political processes, and labor Bond Frist Santorum The PRESIDING OFFICER. The Brownback Graham and business development. clerk will call the roll. Sessions Sincerely, Bunning Grassley Shelby The legislative clerk proceeded to Burns Gregg Stevens MARK POMAR, Burr Hagel call the roll. Sununu President. Chambliss Hutchison Thomas Mr. KENNEDY. Mr. President, I ask Coburn Inhofe Thune IFES, unanimous consent that the order for Cochran Isakson Washington, DC, April 13, 2006. the quorum call be rescinded. Cornyn Kyl Vitter Voinovich Hon. EDWARD KENNEDY, Craig Lott The PRESIDING OFFICER. Without Warner U.S. Senate, Crapo Lugar objection, it is so ordered. DeMint Martinez Washington, DC. AMENDMENT NO. 3688, AS MODIFIED DEAR SENATOR KENNEDY: On behalf of IFES Mr. KENNEDY. I understand there is NOT VOTING—1 and our experts working on election related Rockefeller projects in Iraq, I am writing to thank you an understanding that we vote at noon- for the thought and attention you have de- time and I have 1 minute remaining. The amendment (No. 3688), as modi- voted to sustaining a steady stream of fund- Mr. COCHRAN. Mr. President, the fied, was agreed to. ing for critical democracy promotion activi- Senator is correct. It is the intention The PRESIDING OFFICER (Ms. MUR- ties in Iraq. As a non-profit organization the pending amendment be set aside so KOWSKI). The Senator from Delaware. with an active presence in Iraq, we greatly we can consider Kennedy amendment AMENDMENT NO. 3717 appreciate your efforts to highlight the No. 3688, as modified, upon which the Mr. BIDEN. Madam President, I ask democratic needs of the Iraqi people for law- yeas and nays have been ordered. I ask unanimous consent to set aside the makers and policymakers alike. As you know, IFES has been involved with unanimous consent that the Senator pending amendment and call up the democratization process in Iraq since Oc- from Massachusetts be recognized until amendment No. 3717. tober 2003 when we first conducted an assess- the hour of 12 o’clock, at which time The PRESIDING OFFICER. Is there ment of the political situation followed by we will have a vote. objection?

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3949 Mr. COCHRAN. Madam President, re- to establish permanent military bases in clear-cutting the forests, is damaging serving the right to object, I do so only Iraq or to exercise control over the oil infra- our forests. The No Child Left Behind for the purpose of checking to be sure structure or oil resources of Iraq. Act has left millions of children be- that this is an amendment that has not Mr. COCHRAN. Madam President, I hind. The Budget Deficit Reduction been made out of order because of the suggest the absence of a quorum. Act increases the deficit. And now they invocation of cloture by the Senate. The PRESIDING OFFICER. The are lobbying the Accountability and Mr. BIDEN. Madam President, if I clerk will call the roll. Transparency Act, which has the po- can respond to my colleague, I have Mr. COCHRAN. Madam President, I tential to wipe transparency out of the been told that the amendment is ger- ask unanimous consent that the order political process. mane under cloture. for the quorum call be rescinded. House Republicans have completely Mr. KENNEDY. Madam President, I The PRESIDING OFFICER. Without abandoned the idea of reforming Wash- move to reconsider the vote. objection, it is so ordered. ington. Instead, like a wolf in sheep’s Mr. COCHRAN. I move to lay that AMENDMENT NO. 3855 TO AMENDMENT NO. 3717 clothing, they are using the cover of motion on the table. the word ‘‘reform’’ to advance blatant The motion to lay on the table was The PRESIDING OFFICER. The clerk will report the second-degree partisan changes to campaign finance agreed to. laws, changes that will hurt Democrats The PRESIDING OFFICER. Although Biden amendment. The legislative clerk read as follows: and help Republican candidates in the it does not appear on our list at the coming elections. desk, after a review, it appears to be The Senator from Delaware [Mr. BIDEN] Their approach to reform stands in germane. proposes an amendment numbered 3855 to amendment No. 3717. sharp contrast to what we did on a bi- Mr. BIDEN. Madam President, I say partisan basis. About a month ago, Re- to my friend from Mississippi, I do not The amendment is as follows: publicans joined Democrats to pass a In lieu of the matter proposed to be in- plan on speaking to it now. I was in- lobbying reform bill, an ethics reform structed to get it in line. I will be back serted, insert the following: On page 253, between lines 19 and 20, insert bill, the Honest Government and Open to speak to it. It relates to permanent Leadership Act. It was passed by a bases in Iraq and calls for no perma- the following: PROHIBITION ON USE OF FUNDS FOR CERTAIN large margin. The bill was based large- nent bases in Iraq. ly on a bill Democrats introduced the As the Chair says, it is germane, but PURPOSES IN IRAQ first week of the session. The legisla- I do not intend to call it up right now. SEC. 7032. None of the funds made available Mr. COCHRAN. Madam President, by title I of this Act may be made available tion the Senate passed was not as good continuing to reserve the right to ob- to establish permanent United States mili- as the Democratic bill standing alone, ject, it is my understanding this tary bases in Iraq, or to exercise United but it was an improvement, a tremen- amounts to legislation and may be sub- States control over the oil infrastructure or dous improvement over the status quo oil resources of Iraq. ject to a point of order. For that rea- and imposed needed reforms so that son, authorization of basing on a per- The PRESIDING OFFICER. The Government serves the people, not the manent basis in a foreign country—it Democratic leader. special interests. It was the most sig- is not an appropriation of funds, as I HOUSE ETHICS REFORM nificant change in lobbying ethics in understand it. It is strictly legislation Mr. REID. Madam President, at the this country in a quarter of a century. and may very well be subject to a point beginning of this year, we found a situ- Unfortunately, the bipartisan com- of order. ation in Washington that was very un- mitment to reform we had in the Sen- The PRESIDING OFFICER. It is the comfortable. The Chair will recall, as ate has been completely abandoned in Chair’s understanding it is a limitation all members recall, the majority leader the House. Instead of passing a sub- on the use of funds, which is not legis- in the House of Representatives had stantive smart and tough bill as we did lative. been convicted, within a period of a in the Senate, the House Republicans Mr. COCHRAN. I withdraw my res- year, of three ethics violations. He was have ignored the wishes of millions of ervation. under indictment. For the first time in Americans, gutted all lobbying ethics reform from their legislation, and in- Mr. BIDEN. I thank the Chair. 135 years, someone in the White House stead filled it with partisan campaign I assume unanimous consent was was indicted. The person in charge of granted. finance measures that are intended to contracting, Mr. Safavian, was led The PRESIDING OFFICER. Will the help them in the coming election. Senator suspend for just a moment away literally in handcuffs as a result Essentially, they have opened the while we sort out the technical issues? of his sweetheart deals with many peo- floodgates so they can pour money into Mr. BIDEN. I apologize. I have been ple, including the infamous Jack Republican campaigns. The McCain- misinformed. I must call up, first, Abramoff. Feingold legislation that passed Con- amendment No. 3717, and second degree We had many stories written about gress and was signed by the President that amendment with amendment No. the K Street Project: If you were a was important. It took away from cam- 3855. That is my unanimous consent re- trade association or a business that paigns corporate money, soft money. It quest. wanted to hire a Democrat, you had to was a reform measure that improved The PRESIDING OFFICER. Without get clearance from the K Street lead- the political process in a significant objection, it is so ordered. ers. It was a situation that was very way. Mr. BIDEN. I thank my friend from uncomfortable for everyone, as it And this McCain-Feingold legisla- Mississippi. should have been. tion, if the House measure is allowed to I yield the floor. The culmination of all of this was become law, will have been corrupted. The PRESIDING OFFICER. The learning Duke Cunningham had taken It seems House Republicans do not be- clerk will report. more than $2 million in bribes. lieve they can convince the American The legislative clerk read as follows: I try today to express my opposition people to send them back to Wash- The Senator from Delaware [Mr. BIDEN] and grave disappointment of the lob- ington if they play by the rules. So like proposes an amendment numbered 3717. bying and ethics reform bill that the their old leader, TOM DELAY, they are The amendment is as follows: House of Representatives is expected to seeking to change the rules in the mid- (Purpose: To provide that none of the funds pass today. This is a bill pushed by the dle of the game. They are seeking to made available by title I of this Act may Republican leadership in the House. It change the rules to influence the fall be made available to establish permanent is simply not much of anything. This military bases in Iraq or to exercise con- election. trol over the oil infrastructure or oil re- House reform legislation is another ex- Here is an example. The House bill sources of Iraq) ample of the Orwellian world in which aims to disable so-called 527 groups. On page 253, between lines 19 and 20, insert my friends in the majority live, I am These are groups that operate inde- the following: sorry to say, starting with the Presi- pendently and apart from the parties PROHIBITION ON USE OF FUNDS FOR CERTAIN dent himself. Whatever he says, believe and bring more people into the polit- PURPOSES IN IRAQ just the opposite. ical process. They fund get-out-the- SEC. 7032. None of the funds made available The Clear Skies bill led to more pol- vote activities and help register voters, by title I of this Act may be made available lution. The Healthy Forests Initiative, among other things.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3950 CONGRESSIONAL RECORD — SENATE May 3, 2006 Notably, the House bill would not brief with the court involving these Mr. REID. Madam President, I apolo- shut down spending by all independent limits called them ‘‘essential . . . to gize, through the Chair, to my friend. I groups but only certain independent maintain the public’s confidence in the do not know what Colorado II is. Is groups. No, the House would leave Re- integrity of our political system’’ and that what you said? publican-leaning 501(c)6)trade associa- ‘‘indispensable to any [campaign fi- Mr. MCCONNELL. What the Supreme tions free to raise and spend money, nance] regulatory program.’’ That is Court held in Colorado II was that the soft money, corporate money, money what they said. prohibition on parties spending above over and above McCain-Feingold spend- Without such limits, the Senators ar- what we call the coordinated amount ing limits. That is what this is about. gued that ‘‘the public’s faith and par- remained intact and that parties could These trade associations, such as ticipation in the political process will spend whatever they wanted to as inde- Americans For Job Security, spend continue to decline.’’ That also is an- pendent expenditures, meaning they millions of dollars in ads to help elect other quote. Such expenditures, they could not consult with the campaigns. Republican candidates. Nearly every argued ‘‘create at least the perception I was listening to my good friend, the Republican Member of the Senate that those who donate large sums to Democratic leader, and I understand he elected last cycle will benefit by ads political parties . . . may enjoy posi- was decrying a provision in the House run by this group. Those ads were fund- tions of ‘improper influence.’’’ bill that, in effect, overturned that Su- ed with soft money. These were wise words by Senators preme Court decision and allowed the If the people who want to change the MCCAIN and FEINGOLD. I think we all parties to spend, in coordination with present campaign financing laws want should live by them. their campaigns, money beyond what is to do it, let’s do it the right way: take In the wake of Abramoff, DELAY, and called the coordinated. And the Sen- a look at everything, not just take out Cunningham, Americans are looking ator from Nevada was suggesting that of the blue certain things they may not for us to change course. The House bill was somehow, I gather, corrupting the like such as the 527s. will keep us headed in the wrong direc- process, if that money, which could What about these 501(c)(6) organiza- tion. For that reason, Democrats will now be spent independently of the cam- tions? You will not find trade associa- stand opposed. paigns, was spent in coordination with If there is going to be an attempt to tions, though, mentioned in their bill, the campaigns. in the House bill. That makes no sense. do campaign finance reform above and Did I understand correctly? We know less about these Republican beyond what was done with McCain- Mr. REID. Madam President, through groups than we do of 527 organizations. Feingold, then let’s do it. Let’s have the Chair to my friend, the senior Sen- That is because 527s are required to dis- committee hearings. Let’s have a bill ator from Kentucky, your explanation reported to the Senate and have a fair close donors and how they spend that of asking me a question points out my debate on what we need to do to clean money. There is no such requirement problem with what the House is doing. this up, not just take one particular as- for these trade associations. I believe what we need is to have re- pect of it. The Congress must not ig- Here is another even more significant form legislation in the House com- nore the American people’s desire to do example of the tricks House Repub- parable to what we did here in the Sen- a better job in ethics here in Wash- licans are playing. The House bill re- ate. I think there are a number of us ington. peals the critical limits on national In January, when Americans across who would like to have gone further party giving to individual campaigns. the country were crying for reform, we than what we did, but I would be satis- Right now, the Republican National took the lead and fundamentally fied with that. But for the House to Committee may only direct a limited changed the debate on ethics and lob- call this lobbying and ethics reform is amount of funding to individual con- bying reform. I think it is commend- wrong. What they have tried to do is gressional and Presidential campaigns able—as I have said here on the floor reform campaign finance laws. according to a specified formula that is on a number of occasions, Madam I say to my friend, if we are going to in the McCain-Feingold law. The House President—I think it is commendable do a reform of campaign finance laws, would do away with these limits. that we were able to pass this lobbying then what we should do is have the What would that mean? It would reform bill on a bipartisan basis. committees of proper jurisdiction hear mean, instead of the limited amount of Thanks to our work, on a bipartisan what changes they think should be money that is available now, thou- basis, we passed some significant re- made, with the advocates of this, bring sands—hundreds of thousands—of dol- forms that will ensure the Government it to the floor, and have a debate. lars could be given. It would mean that of the people focuses on the needs of As my friend indicated, talking about the Republican National Committee the people. Colorado II, this is very complicated could give unlimited amounts to can- It would be unfortunate to see these stuff. And I think if we are going to re- didates in this cycle and to Presi- efforts sabotaged and ultimately fail form a little piece of it, let’s look at it dential candidates in 2008. What we did because the House majority has backed all. Let’s look at how trade associa- in McCain-Feingold improved the sys- away from real reform and instead has tions work. Let’s look at everything. I tem. Now, if the RNC can give unlim- decided that this legislation should be am happy to do that. But what I am ited amounts to candidates in this a vehicle to advance a partisan cam- not happy to do is have the House call cycle and Presidential candidates in paign finance agenda. If the trial of something lobbying and ethics reform 2008, that is no small matter when you TOM DELAY and prison terms for Jack when it is campaign finance reform. consider the RNC has roughly $40 mil- Abramoff and Duke Cunningham do That is my concern. lion on hand right now. not convince the Republican Party to Mr. MCCONNELL. Madam President, This provision made its way into an clean up its act, Americans should could I ask my friend one further ques- amendment filed by Senator MCCAIN on begin to wonder what will. tion? lobbying reform we did in this body, an Mr. MCCONNELL. Madam President, Mr. REID. Of course. amendment which would weaken that will the Senator yield for a question? Mr. MCCONNELL. Is it still the posi- bill associated with his name. On his Mr. REID. I would be happy to. tion of the leader and the majority of behalf, I say he did the right thing: He Mr. MCCONNELL. I would like to ask those on that side of the aisle that the never offered the amendment, never my good friend, the Democratic leader, position they used to hold, which was called up the amendment, and the Sen- if his concern here is that the House that these so-called 527 groups should ate bill remained clean of such bill overruled what we call the Colo- be treated like political parties and rollbacks. rado II decision in the Supreme Court, therefore have their contributions kept Democrats and Republicans alike which basically would allow political like a political party—that used to be have supported these restrictions be- parties which are now restricted to the position of the majority of the cause they are critical to protecting raising 100 percent hard money to Democrats, that the 527 groups which our political process from corruption in spend in coordination with the cam- operate like parties should be treated fact and in appearance. The authors of paigns whatever they choose to spend. like parties in terms of the contribu- the last major reform bill—Senators Is that the complaint I hear from my tion levels—I now gather that my good MCCAIN and FEINGOLD—in an amicus good friend, the Democratic leader? friend and a number of his colleagues

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3951 on that side of the aisle have the oppo- not do it because he knows it would of these because there are a lot of other site position, that somehow to treat a have corrupted McCain-Feingold. I things that need to be looked at at the 527 like a political party, and therefore would assume that is why he did not same time. cap contributions like they are to par- offer it. It would have corrupted the The distinguished Senator from Ken- ties, would somehow be a violation of legislation we now have that we call tucky and I have had longstanding per- free speech? Is that the position now McCain-Feingold, which I think has sonal discussions off the Senate floor that the Democratic leader is taking? improved the process. I am glad the Su- about campaign finance. We have had Mr. REID. Madam President, every preme Court ruled that it was constitu- them on the floor. As I have indicated question the distinguished Senator tional. already, I have the greatest respect for from Kentucky asked indicates how Now, I know my friend, the distin- how he feels. He is a real advocate for important it is to have a full, complete guished majority whip. He did not like his position. process here in the Senate about cam- McCain-Feingold. He worked very hard I try to do the best I can for mine. paign finance. Every question he asks against it. He did a good job. He is a The PRESIDING OFFICER (Mr. is more complicated than the last. Him fine lawyer and a good advocate. He THUNE). The Senator from Illinois. asking me how the Democrats stand on lost. Those of us who supported Mr. DURBIN. Mr. President, I had this issue is something I cannot an- McCain-Feingold won. And if we are the good fortune early in my political life to meet and work as an intern for swer. These seats have changed back going to change it, let’s have another Paul Douglas, a Senator from Illinois and forth since we took up McCain- fair fight like we had with McCain- from 1948 to 1966. He wrote several Feingold. Feingold, where my friend from Ken- books about ethics in government that I will say this: Having worked as a tucky can be on one side, I can be on are still widely quoted. I was fortunate candidate prior to the passage of the other. We may even wind up on the to meet him and then to meet a man McCain-Feingold and after it passed— same side. who counted him as a mentor, Senator as far as I am concerned, what hap- But that is what kind of debate we Paul Simon. Both inspired me to do a pened in 1998, when I had a very dif- should have, not what is happening in few more things in my public life than ficult race in Nevada with my dear the House now, disguising it as lob- friend, the junior Senator from Nevada, I might otherwise have done. bying and ethics reform, and really it For instance, Paul Douglas had a JOHN ENSIGN, we had a tough election, is not. rule in his office for staff that they a tough election. But in the little State The PRESIDING OFFICER. The ma- couldn’t take anything they couldn’t of Nevada, back in 1998, we did not jority whip. drink. I assume that meant they could Mr. MCCONNELL. Madam President, have many people there. We are ap- have an expensive drink at some local proaching 3 million there now. We did just one final observation with regard restaurant, but they certainly couldn’t not have 2 million then. JOHN ENSIGN to this discussion in which the Demo- take a meal or a gift or anything like spent $10 million; HARRY REID spent $10 cratic leader and I have been engaged. that. He had a personal rule that he million. But the vast majority of the And I am glad he is still on the Senate wouldn’t take a gift in his office that money was corporate money. People floor because I would not want to say was worth more than $2.50. I can recall could give us hundreds of thousands of this with him not being here. I noticed some angry constituent who sent Sen- dollars. Now, that may not have cor- that he was glad the days of large cor- ator Paul Douglas a handmade, tooled rupted JOHN ENSIGN or corrupted porate and individual soft money dona- leather belt with Paul Douglas’ name HARRY REID, but it is a process that tions were gone from parties. I wish he on it which he returned. I am sure the does not look good, and it is cor- would be equally offended by the fact donor was offended, but that was his rupting, it could corrupt an individual. that large donations are still available rule. He made complete disclosure of Having run in 2004—it was a good for the 527s. What is good for the goose his income and net worth, as did Paul election—I went out and raised money, is good for the gander. Simon. I have tried to follow their ex- as I did when I first started in this If large contributions—corporate and ample. process. I would go to somebody. They individual contributions—to parties We need meaningful ethics reform, would give me whatever the limits were outlawed because of the, ‘‘cor- but I agree with Senator REID that we were: $1,000, $2,000. That limit would be rupting potential’’ of that, it seems to also need to have a serious conversa- printed, and everyone in the world me entirely inconsistent to argue that tion about campaign financing. They knew what that person did for an occu- they should not be eliminated from are related issues, but they are not the pation, where they lived, how much 527s. same. The issue we decided to vote on money they gave me. I felt so much I think the reason our good friends in the Senate on lobbying and ethics better in 2004 than I did in 1998 because on the other side of the aisle have had reform was timely and important. We I did not have to go around asking peo- an epiphany about 527s is because they know what happened. Mr. Jack ple for these corporate donations. now believe these activities are bene- Abramoff created a scandal across I have not talked to my friend, Sen- ficial to them. So the consistency is Washington with the excesses in which ator ENSIGN, but I will bet you he something that is hard to find in the he was involved. He has pled guilty on agrees with me because I do not think course of this debate. some and is working with the Govern- either one of us felt comfortable with It will be interesting to see what the ment, and there may be further indict- those huge corporate contributions final House bill includes. To simply ments and convictions as a result. At that were coming into the State of Ne- allow political parties to spend money least one Member of the House, TOM vada. The purpose of it: the Repub- in coordination with the candidates DELAY of Texas, was indicted and ulti- licans ran vicious ads against me. He wearing their party label, it is hard to mately resigned before his trial. Others had bad ads that were run against him. conclude it would in any way corrupt in both political parties are under sus- I think the process is better. If we the system. picion. are going to change the McCain-Fein- Madam President, I yield the floor. Neither political party has a monop- gold process, let’s do it by looking at The PRESIDING OFFICER. The oly on virtue. I know honest and hard- everything, not just 527s. Let’s look at Democratic leader. working people on both sides of the trade associations. Let’s look at State Mr. REID. Madam President, just one aisle. We should do our level best to re- parties. Let’s look at this PAC situa- final comment. store the confidence of America in the tion where we have all these leadership I believe that if 527s are doing things process and the people who participate PACs. There are a lot of things we need that are wrong, maybe we need to take in it. to look at. a look at 527s but in conjunction with The effort now by some House Repub- But what the House is doing—dis- all the rest of the things that happen licans to inject campaign finance re- guising campaign finance reform as in campaign finance. I have no problem form into this is a poison pill. They lobbying and ethics reform—is wrong. with that—but not 527s alone. If we know if they can complicate the issue, We did not do that here. And I think want to look at trade associations and ultimately nothing will happen. We that speaks well of JOHN MCCAIN. He all the other things, I am happy to do would like to see our conference strict- had an amendment prepared. He did that, but let’s not just single shot one ly set on lobbying and ethics reform.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3952 CONGRESSIONAL RECORD — SENATE May 3, 2006 My personal feeling—and it may only AMENDMENT NOS. 3618, 3619, 3714, AND 3716, Mr. President, I suggest the absence be mine; maybe a few others share it— WITHDRAWN of a quorum. is that when it comes to campaign fi- I ask unanimous consent to withdraw The PRESIDING OFFICER. The nancing, we need to do something dra- amendment No. 3618, the subject of clerk will call the roll. matic, something that States have al- which was addressed by division II of The assistant legislative clerk pro- ready proven can make a significant Coburn amendment No. 3641. ceeded to call the roll. difference. I am talking about public fi- I also ask unanimous consent to Mrs. BOXER. Mr. President, I ask nancing. I didn’t come to this idea withdraw amendments numbered 3619, unanimous consent that the order for quickly. In fact, I didn’t like the idea 3714, and 3716. the quorum call be rescinded. when I was first elected. I thought it The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without was unconscionable that somehow we objection? objection, it is so ordered. would create a system of public financ- Without objection, it is so ordered. Mrs. BOXER. Mr. President, I will ing that would finance some of the Mr. COCHRAN. Mr. President, what take just a moment of the Senate’s strange and extreme candidates who is the pending business? time to thank a few people who worked appear from time to time. But I have AMENDMENT NO. 3855 hard to put together a colloquy. This is come to realize that unless and until The PRESIDING OFFICER. The a very important conversation between we make a significant change in the pending business is the second-degree three Senators that deals with the crit- way we finance campaigns, we are not amendment of the Senator from Dela- ical issue of the health of our soldiers going to restore the integrity of this ware to his first-degree amendment. who are coming back from combat. So institution and others. We are not Mr. COCHRAN. I think we are ready I will read this for the RECORD. going to restore the confidence of the to proceed to agree to that on a voice This colloquy is about a Comprehen- American people. vote. sive Casualty Care Center at the San It is dangerous to walk the streets The PRESIDING OFFICER. If there Diego Naval Medical Center, and this is around the Capitol because of all the is no further debate on that amend- the colloquy. It starts off with myself traffic, all the visitors. It is even more ment, the question is on agreeing to saying: dangerous during the course of the day the amendment. I would like to thank the Senator from as Members of the House and Senate The amendment (No. 3855) was agreed Alaska and the Senator from Hawaii for race to their party headquarter build- to. their outstanding leadership on this bill and ings to make fundraising telephone Mr. COCHRAN. Mr. President, I move especially for their commitment to pro- to reconsider the vote. viding care for our Nation’s combat-wounded calls, which we have to do; it is the servicemembers. only way to raise the funds so that peo- Mrs. MURRAY. I move to lay that motion on the table. I understand that I have a commitment ple of modest means have a chance to from both Senators that they will work to The motion to lay on the table was compete in the campaign arena. It ensure that $6.2 million in funding is in- agreed to. takes more and more of our time and cluded in this bill for the establishment of a The PRESIDING OFFICER. The more time away from what we should Comprehensive Combat Casualty Care Cen- question is now on agreeing to the un- be doing on the floors of our respective ter at the San Diego Naval Medical Center. derlying amendment, as amended. This vitally important funding will ensure Chambers. Public financing is an ap- The amendment (No. 3717), as amend- that for the first time, combat-wounded propriate way to address that. If we did ed, was agreed to. servicemembers from the West Coast—who it on a comprehensive basis, we could Mr. COCHRAN. Mr. President, I move have endured approximately 25 percent of all have genuine reform. to reconsider the vote. casualties—will be able to receive treatment Senator REID of Nevada has said that and recover from their wounds closer to Mrs. MURRAY. I move to lay that their home. is a worthy goal, campaign finance re- motion on the table. form, but let’s do it the right way, not Since many of the most severely wounded The motion to lay on the table was require months of treatment and rehabilita- have something parachuted into the agreed to. tion, this will alleviate significant hardship conference committee by House Repub- Mr. COCHRAN. Mr. President, we on our servicemembers and their families. licans as a poison pill to real ethics re- continue to make good progress. We No longer will they have to travel to Texas form. I will do everything I can to de- hope to complete action either this or to the East Coast for treatment. feat what is so-called ethics reform out evening or tomorrow on the bill. It This ‘‘West Coast Walter Reed’’ will be of the House that does little or nothing able to treat approximately 200 patients per could be, in consultation with the lead- year, including 160 nonamputee patients and to clean up our act on Capitol Hill and er, possible to complete action on the tries to inject a clearly political issue 40 to 50 amputee patients. While I lament bill today and have a vote on final pas- that even one more servicemember will be into this debate. We need to pass the sage tomorrow if we are going to go a wounded in combat, I look forward to open- kind of reform that will restore con- little late this evening, but we don’t ing the center and to working with the Navy fidence. Complicating it with campaign anticipate a late evening. We hope to to ensure that our servicemembers are af- finance reform is not the way to do it be able to adjourn at a reasonable forded the very best possible medical care. at this moment. hour. With the cooperation of Sen- That concludes my portion of this Let’s do it the right way. Let’s have ators, we can do that. colloquy. I have been working with the hearings, deadlines. Let’s create a bill. We have cloture, which has been in- Navy on this matter since they ex- I would like to join with other Sen- voked, which limits amendments for plained to us that so many of our west ators, perhaps from both sides of the consideration to germane amendments. coast families have to be trekked all aisle, to make sure public financing is We have entered into colloquies and we the way to the east coast for rehabili- part of the debate. think some of these amendments are tation for these very severe injuries. I yield the floor and suggest the ab- going to be withdrawn. We hope if Sen- The rehab is very intensive, and the sence of a quorum. ators have an intention of disposing of whole family really needs to be in- The PRESIDING OFFICER. The their amendments, if they want a vote, cluded and involved in it. So now it is clerk will call the roll. now is a good time to come to the floor going to be so much easier for these ac- and make that request known. We can tive military from the State of Wash- The assistant legislative clerk pro- dispose of those amendments. ington, from the State of Oregon, and I ceeded to call the roll. We urge the cooperation of Senators, believe from Alaska, Hawaii, and even Mr. COCHRAN. Mr. President, I ask and if we get to some point, we may some other States such as Nevada that unanimous consent that the order for offer amendments for Senators, if they are east of California, to be able to the quorum call be rescinded. are in order and pending and have not avail themselves of the best treatment. The PRESIDING OFFICER. Without yet been called up. As a matter of no- I believe the Navy has been so focused objection, it is so ordered. tice, we intend to press ahead and com- on this that their dreams are becoming Mr. COCHRAN. Mr. President, some plete action on the bill within a rea- a reality. They are going to serve the housekeeping items have been cleared sonable time. And we will, with the co- military from all the various branches on both sides. operation of all Senators. who get injured. It isn’t just for the

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3953 Navy; it is for everyone who gets in- for grants to States based on their pro- This recovery would strike an ear- jured in a severe way and needs this ex- duction of certain types of crops, live- mark which provides $74.5 million in tended rehabilitation. stock, and dairy products, which were agricultural assistance for grants to So Senator STEVENS, at the end of not included in the administration’s States, based not on the hurricane my remarks, said: emergency supplemental request. damage, not on any emergency, but The Senator from California is correct. She Let me point out again a statement based on their production of ‘‘specialty has my commitment that I will work in con- of administration policy where it says: of crops, livestock and dairy products.’’ ference to ensure that these funds are pro- The administration is seriously concerned Why is this necessary? Have the hur- vided for the Comprehensive Combat Cas- at the overall funding level and the numer- ricanes wiped out the specialty crop in- ualty Care Center. ous unrequested items included in the Sen- dustry? What even is a specialty crop, Senator INOUYE then said: ate bill that are unrelated to the war or and why does it need $74.5 million of emergency hurricane relief needs. I too support the Senator’s request. She taxpayer funding? I hope that a spe- has my commitment that I will do my best Obviously, this and others have been cialty crop is a money tree because to ensure funding is included in conference. put into this bill in a very unaccept- that is what is going to be needed to I believe, after speaking with them— able fashion. It has been a longstanding pay for this bill. and I have spoken to Senators MURRAY policy in the Senate to prohibit the My colleagues may be interested to and COCHRAN about this—that this is practice of adding authorizing lan- know that the bill defines specialty something that just cries out for fund- guage to an appropriations bill. Never- crops as anything but wheat, ing because our people are hurting, and theless, this bill includes a massive feedgrains, oilseeds, cotton, rice or it doesn’t help them to be separated $3.94 billion agricultural assistance peanuts—anything but. Why do we ex- from their families and to have to program. None of this funding under clude those commodities from receiv- make the trek across the country to this agricultural title is included in the ing this funding? Is sugarcane made in- learn how to live with these very dis- administration’s supplemental request. eligible? Are my colleagues aware that Interestingly, this nearly $4 billion abling injuries. So we pray that the the USDA already has a specialty crop add-on, title III of the underlying bill— war will end soon. We pray that our block grant program which was author- remember, this is a $4 billion add-on— soldiers will be coming home soon. I received a one-paragraph mention in ized in 2004? Under the existing pro- myself am working to see that we can the entire committee report accom- gram, specialty crops are defined as begin redeploying troops immediately. panying the bill; one paragraph to de- fruits, vegetables, tree nuts, dried I think as the Iraqis move forward, scribe 31 pages of legislative language fruits, and nursery crops including flo- this is a year of major transition, and with a $4 billion price tag. riculture. The program is funded at $17 they need to prove that they want free- Let me read it for the benefit of my million for the current fiscal year, and dom as much as we want it for them. colleagues. it provides for $100,000 for each State They now have their government get- The committee recommends $3.944 billion that applies. Is there a problem with ting into place, and I would like to see for emergency agriculture disaster assist- that program that I am not aware of the end of these casualties. I know we ance. These funds will help farmers and that gives it just cause to providing it all feel that way. But we have to also ranchers in States affected by recent hurri- with an emergency supplemental ap- be realistic in that we have to serve canes, drought, flood, wildfire and other nat- propriation to the tune of more than those who are continuing to come back ural disasters recover from resulting produc- 1,000 percent above its annual appro- in great need of this kind of help. tion losses. These funds will also assist in priation? So, again, I hope all of my colleagues the removal of debris from watersheds in This bill provides $74.5 million that is order to minimize the threat of flooding on both sides of the aisle will support from future storm events. In addition, the to be used to award grants based on this effort. I look forward to working funds will provide economic assistance to ‘‘the share of each State’s total value with all of you so that we can tell the producers to compensate for high energy of specialty crop, livestock, and dairy Navy that their hopes and dreams for costs relating to agricultural production. production of the United States for the this Comprehensive Combat Casualty That last sentence is interesting. 2004 crop-year, multiplied by $74.5 mil- Care Center in San Diego at the Naval This will help farmers who have high lion. That means the more you Medical Center, will, in fact, be a re- energy costs related to agricultural produce, if your crops have not been ality. The $6 million we need is a very production. I wonder what we are doing hit by a natural disaster or flooding or small amount when you look at the for the airlines, the trains, the Amer- drought, the more money you get. That overall size and scope of this particular ican automobile owner, any other in- is the polar opposite of what the USDA bill. dustry in America. We aren’t doing disaster assistance programs are about. I yield the floor. anything for them in this emergency Doesn’t that fly in the face of what Mr. COCHRAN. Mr. President, I sug- supplemental, but we are going to give an emergency supplemental is for? An gest the absence of a quorum. the farmers nearly $4 billion addi- emergency supplemental is supposed to The PRESIDING OFFICER. The tional. be about addressing needs and not clerk will call the roll. I am all for helping the appropriate about providing rewards for produc- The assistant legislative clerk pro- farmers and other victims battered by tivity. More importantly, why is what ceeded to call the roll. hurricanes, but the agricultural assist- obviously is designed to be a nation- Mr. COCHRAN. Mr. President, I sug- ance added in this bill is far more ex- wide agricultural funding assistance gest the absence of a quorum. pansive than merely offering to help program, a program not requested by The PRESIDING OFFICER. The areas hit by the 2005 hurricanes, and at the administration, singled out in the clerk will call the roll. least the limited report language statement of administration policy as The assistant legislative clerk pro- doesn’t hide that fact. As my col- objectionable, being included in a ceeded to call the roll. leagues know, the USDA currently has must-pass emergency spending bill Mr. MCCAIN. Mr. President, I ask a range of disaster assistance pro- that is supposed to address the global unanimous consent the order for the grams, including crop insurance pro- war on terror and hurricane recovery? quorum call be rescinded. grams, that are already available. Yet My colleagues may be interested to The PRESIDING OFFICER (Mr. this bill is going to add nearly $4 bil- know that under this legislation, SUNUNU). Without objection, it is so or- lion on top of the existing programs. In States can use the grant to ‘‘promote dered. my view, the agricultural assistance the purchase, sale or consumption of AMENDMENT NO. 3616 funding is being used more as a vehicle agricultural products.’’ Mr. MCCAIN. Mr. President, I call up to fill a voter wish list than it is to I am not making this up. I am not amendment No. 3616 and ask for its im- meet the urgent needs of the victims of making this up. Under this emergency mediate consideration. the 2005 hurricane season. Taxpayer supplemental bill, States can use the The PRESIDING OFFICER. That dollars are being allocated for agricul- grant to ‘‘promote the purchase, sale, amendment is now pending. tural subsidies and bailouts which in or consumption of agricultural prod- Mr. MCCAIN. Mr. President, this some cases have nothing to do with ucts.’’ Last week, I mentioned that amendment would strike $74.5 million hurricane recovery. Federal dollars had been used to paint

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3954 CONGRESSIONAL RECORD — SENATE May 3, 2006 salmon on airplanes. Maybe that $74.5 They are sick and tired of seeing chards. We had a good many pecan or- million will be used to paint vegetables their children’s futures mortgaged by chards. And those who live in the rural on airplanes or maybe a pretty flower. this rampant, out-of-control spending. areas of our State traditionally depend Upon closer reading of the legislative I will vote against this bill. When the upon these crops to help sustain them. language, I notice that the bill actu- President vetoes it, which I am reason- We are talking about not the kind of ally creates a $100 million program for ably confident he will, I will vote to agriculture that produces millions of specialty crops. In addition to the $74.5 sustain his veto. dollars of income but small amounts of million that this amendment address- I believe that once the President ve- income to supplement family needs. es, it provides for $25.5 million to make toes this bill, the American people will Workers in the area can move from or- grants to ‘‘the several States, the Dis- strongly support that veto and that the chard to orchard volunteering to help trict of Columbia and the Common- American people will demand that we harvest these crops. wealth of Puerto Rico, to be used to bring some kind of sanity to this sys- I can remember as a young boy my support activities that promote agri- tem where, in the name of recovery grandparents who lived near Utica, MS, culture.’’ from hurricane damage, and in the would traditionally kind of let the I would like to repeat that for my name of funding the war in Iraq, we word go throughout the community colleagues: ‘‘$25.5 million to make spend billions—not millions, not hun- that they were going to be picking up grants to the several States, the Dis- dreds of millions but billions—on un- pecans on a certain day. And some of trict of Columbia. . . .’’ wanted and unnecessary products. the workers would come and pick up I admire and respect the District of I want to assure my colleagues that I pecans and in payment would get part Columbia enormously. I know of no ag- will support anything to help repair of the pecans. They would get a part of ricultural enterprise—well, maybe an the damage caused by the hurricanes. I the harvest. That was the payment. Money was short. illegal one, but I never knew of an agri- will do what is necessary to spend my We are not talking about wealthy cultural enterprise in the District of taxpayers’ dollars to fight and win the Columbia. But they are going to be eli- landowners. We are talking about sub- war in Iraq, which I still strongly be- sistence production in many cases gible for grants to be used to ‘‘support lieve is a noble cause, but I cannot go activities that promote agriculture.’’ which will qualify for the benefits back to my constituents in Arizona under this title. If this amendment is As I say, I am not making this up. and say that this is anything but a I hope the sponsors of the legislation approved, they won’t get anything. shameful exercise we are engaged in by will correct me if I am wrong. I would These funds are going to the States taking their tax dollars in the name of like to be corrected if I am wrong. I am so that at the local level a determina- an emergency and spending them on confident they will. But it appears that tion can be made as to the amount of those projects, many of which we have with respect to the $25.5 million fund- compensation and support those who ing, the bill provides that all 50 States discussed and debated at some length. are disaster victims in these areas of I ask for the yeas and nays on this will each receive $500,000 of that agriculture are entitled to receive. amendment. money, while Puerto Rico and the Dis- I am hopeful the Senate will reject The PRESIDING OFFICER. Is there a trict of Columbia each will receive this amendment. I just spoke to two sufficient second? $250,000. What specialty crops are parts of it—orchards and the pecan There is a sufficient second. grown in the District of Columbia? trees—because from my personal expe- The yeas and nays were ordered. What specialty crops are grown here? rience I know a little bit about that. Mr. MCCAIN. Mr. President, I yield But driving through my State after What kind of campaign should we ex- the floor. these disasters, I can testify to the pect? The PRESIDING OFFICER. The Sen- The funding is not needed. It should widespread damage to orchards, to pine ator from Mississippi is recognized. be noted that, according to OMB, ‘‘In forests on which people depend for Mr. COCHRAN. Mr. President, there their livelihood. 2005, many crops had record or near are some Senators who are in a meet- In that part of the State where the record production, and the U.S. farm ing with the Secretary of Defense and storm’s destruction was the greatest, sector cash receipts were second high- the Secretary of State. We are not there is very little of the traditional est ever.’’ Can an unrequested $74.4 large cotton plantation areas. That is million grant program truly be sold as going to go to a vote right now because of that conflict with some Senators. not that part of the State. That would an urgent emergency spending needed be up in the mid to northern part of at this time? I know my colleagues But we have an opportunity for those who want to speak on this amendment the State along the Mississippi Delta. have the highest hopes for the success That is where the heavy production of and safety of our troops and for the or any other pending amendment that has not been adequately discussed at cotton is. It may be up in the prairie speedy recovery of the hurricane-rav- area of northeast Mississippi and north aged gulf. But when the American peo- this point. Let me say with regard to the central Mississippi. ple hear of these special interest riders, Where this storm’s destruction was they are going to question their prior- amendment of the Senator from Ari- zona that I can remember in my State the heaviest, there are a lot of people ities, and rightly so. who lost pecan orchards, trees, or Again, I would like to refer to this time and time again when we have had severe weather disasters; wet-weather- peach orchards. poll. A 39-percent plurality of Ameri- Dairy farms were seriously damaged, related disasters. The pecan growers, in cans, in a poll the day before yester- and dairy is included in this part of the particular, would inevitably have a dif- day, say the single most important title. Beef cattle production and those ficult time making a case for the losses thing for Congress to accomplish this things that are grown to sustain those they sustained when Federal disasters year is curtailing budgetary earmarks herds of cattle and to feed them were have been declared and eligibility for benefiting only certain constituents. damaged severely. This amendment certainly fits that Federal assistance had been promised I am hopeful the Senate will under- concern that Americans have. because it is not the kind of program stand that this is not something that I was going to come back and talk crop, so-called, such as cotton, rice, the committee made up, either. I am before we voted on this bill. I am sure wheat, corn, that are traditionally sup- not making this up. These are the facts this amendment will be voted down, ported by Federal programs. as I saw them and that I can say to the again, because others have that are It almost takes someone at the local Senate justify the inclusion of these similarly outrageous. But I want to level who understands yield, produc- funds in this bill. say, we are sending a very bad message tion, and how records are kept where I urge the Senate to reject the to the American people. I saw recent the State governments are much better amendment. polls showing our approval rating at situated in those States to have knowl- The PRESIDING OFFICER. The Sen- around 22 percent. I am glad to see that edge and understanding of the crops ator from Washington. there are now some candidates who are and of the values of trees and the crops Mrs. MURRAY. Mr. President, I rise running for office against pork barrel they produce. Peaches is another exam- to join the chairman of the Appropria- projects and earmarks and museums, ple. In my part of Mississippi where I tions Committee to oppose the amend- taking that out of highway funds. grew up, we had a good many peach or- ment that has just been offered. Our

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We, in consideration, which has been ruled vertical protection in order to comply with fact, rank No. 1 in the Nation in the germane. 100-year floodplain certification and stand- production of a number of specialty The PRESIDING OFFICER. Is there ard protect hurricane. crops—from apples to pears to cherries objection? Without objection, it is so (e) The amounts provided under this head- to raspberries to concord grapes, just ordered. ing are designated as an emergency require- to name a few of them, with 250 other The clerk will report. ment pursuant to section 402 of H. Con. Res. The legislative clerk read as follows: 95 (109th Congress), the concurrent resolu- fruits and vegetables produced in tion on the budget for fiscal year 2006. The Senator from Louisiana [Mr. VITTER], Washington State. The specialty crop AMENDMENT NO. 3728, AS MODIFIED industry represents a large segment of for himself, and Ms. LANDRIEU, proposes an amendment numbered 3728. Mr. VITTER. Mr. President, I ask the agricultural commodities which unanimous consent that the amend- serve the economic backbone of my Mr. VITTER. Mr. President, I ask ment be modified according to the State and many others. unanimous consent that reading of the technical modifications which I have Unlike row crops such as corn, soy- amendment be dispensed with. presented to the desk. These modifica- beans, cotton, there is virtually no sup- The PRESIDING OFFICER. Without tions do not change the scope of the port by the USDA for these fruits, and objection, it is so ordered. amendment. vegetable producers do not have access The amendment is as follows: The PRESIDING OFFICER. Is there to crop insurance for their crops. Spe- (Purpose: To provide for flood prevention in objection? Without objection, it is so cialty crop producers have been hurt as the State of Louisiana, with an offset) ordered. the chairman of the committee enun- On page 165, line 19, strike ‘‘$10,600,000,000’’ The amendment (No. 3728), as modi- ciated. and insert ‘‘$10,400,000,000’’. fied, is as follows: On page 168, between lines 8 and 9, insert There has been a lot more—from fires (Purpose: To provide for flood prevention in the following: and droughts, hailstorms, and wind. the State of Louisiana, with an offset) Our fruit and vegetable producers have FLOOD PROTECTION, LOUISIANA At the appropriate place, insert the fol- faced some major challenges during the SEC. 2054. (a) There shall be made available lowing: $200,000,000 for the Secretary of the Army FLOOD CONTROL AND COASTAL EMERGENCIES last two years. These same industries (referred to in this section as the ‘‘Sec- For an additional amount for ‘‘Flood Con- have been very hurt—and in some cases retary’’) to provide, at full Federal expense— trol and Coastal Emergencies’’, as authorized decimated—by the inflow of specialty (1) pumping capacity and other measures crops from overseas, as well as a lack by section 5 of the Act of August 18, 1941 (33 required to prevent flooding associated with U.S.C. 701n), for necessary expenses relating of access to labor and pests and dis- modifications to outfall canals in Jefferson to the consequences of Hurricane Katrina eases. and Orleans Parishes, Louisiana; and other hurricanes of the 2005 season, I believe there is a need to make the (2) repairs, replacements, modifications, $3,299,000,000, to remain available until ex- commitment to help growers in all of and improvements of non-Federal levees and pended: Provided, That the Secretary of the associated protection measures— Army is directed to use the funds appro- our States and provide them with the (A) in areas of Terrebonne Parish, and of assistance they desperately need. priated under this heading to modify, at full Jefferson Parish in the vicinity of Jean La- Federal expense, authorized projects in Many Americans don’t realize that fitte; and southeast Louisiana to provide hurricane specialty crops represent 51 percent of (B) on the east bank of the Mississippi and storm damage reduction and flood dam- all farm cash receipts in the United River in Plaquemines Parish, Louisiana; and age reduction in the greater New Orleans and States. That is more than $41 billion in (3) for armoring the hurricane and storm surrounding areas; of the funds appropriated annual farm value. damage reduction system in south Lou- under this heading, $200,000,000 shall be used isiana. for section 2401; $530,000,000 shall be used to Although our fruit and vegetable in- (b) A project under this section shall be dustry is large, it is not larger than modify the 17th Street, Orleans Avenue, and initiated only after non-Federal interests London Avenue drainage canals and install other commodities. They have access have entered into binding agreements with pumps and closure structures at or near the to relatively little of the overall agri- the Secretary to pay 100 percent of the oper- lakefront; $250,000,000 shall be used for cultural disaster programs. ation and maintenance costs of the project storm-proofing interior pump stations to en- The section 32 grants to States to and to hold and save the United States free sure the operability of the stations during help specialty crops will help our fruit from damages due to the construction or op- hurricanes, storms, and high water events; eration and maintenance of the project, ex- $170,000,000 shall be used for armoring crit- and vegetable producers survive these cept for damages due to the fault or neg- difficult conditions. Whether this is ical elements of the New Orleans hurricane ligence of the United States or its contrac- and storm damage reduction system; supporting research which is impor- tors. $350,000,000 shall be used to improve protec- tant, or promotion or marketing that (c) The Secretary shall submit to Congress tion at the Inner Harbor Navigation Canal; is critical, these funds will help our a report detailing a modified plan to protect $215,000,000 shall be used to replace or modify fruit and vegetable farmers in business lower Plaquemines Parish, Louisiana, from certain non-Federal levees in Plaquemines in every single State. damage attributable to hurricanes with a Parish to incorporate the levees into the ex- I think everyone in the Senate knows focus on— isting New Orleans to Venice hurricane pro- (1) protecting populated areas; tection project; and $1,584,000,000 shall be that the United States should produce (2) energy infrastructure; used for reinforcing or replacing flood walls, as much domestic food product as it (3) structural and nonstructural coastal as necessary, in the existing Lake Pont- can. And the $75 million that is tar- barriers and protection; chartrain and vicinity project and the exist- geted by this McCain amendment to (4) port facilities; and ing West Bank and vicinity project to im- help keep our fruit and vegetable pro- (5) the long-term maintenance and protec- prove the performance of the systems: Pro- ducers in business is simply a modest tion of the deep draft navigation channel on vided further, That any project using funds investment, and it is a commitment to the Mississippi River. appropriated under this heading shall be ini- (d) Not later than 30 days after the date of keep our farmers in business in very tiated only after non-Federal interests have enactment of this Act, the Secretary shall entered into binding agreements with the difficult and challenging times. offer to enter into a contract with the Na- Secretary to pay 100 percent of the oper- I urge my colleagues to make the tional Academies to provide to the Secretary ation, maintenance, repair, replacement, and commitment to support the specialty a report, by not later than 90 days after the rehabilitation costs of the project and to crop farms and the farmers and the date of enactment of this Act, describing, for hold and save the United States free from families who depend on it, and I urge the period beginning on the date on which damages due to the construction or oper- them to vote against the McCain the individual system components for hurri- ation and maintenance of the project, except amendment. cane and storm damage reduction was con- for damages due to the fault or negligence of structed and ending on the date on which the the United States or its contractors: Pro- I yield the floor. report is prepared, the difference between— vided further, That the amount provided The PRESIDING OFFICER. The Sen- (1) the portion of the vertical depreciation under this heading is designated as an emer- ator from Louisiana. of the system that is attributable to design gency requirement pursuant to section 402 of

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H. Con. Res. 95 (109th Congress), the concur- (2) the portion of that depreciation that is FEDERAL EMERGENCY MANAGEMENT AGENCY rent resolution on the budget for fiscal year attributable to the application of new storm ADMINISTRATIVE AND REGIONAL OPERATIONS 2006. data that may require a higher level of For an additional amount for ‘‘Administra- For an additional amount for ‘‘Flood Con- vertical protection in order to comply with tive and Regional Operations’’ for necessary trol and Coastal Emergencies’’, as authorized 100-year floodplain certification and stand- by section 5 of the Act of August 18, 1941 (33 expenses related to the consequences of Hur- ard protect hurricane. ricane Katrina and other hurricanes of the U.S.C. 701n), for necessary expenses relating (e) The amounts provided under this head- to those hurricanes and other disasters, 2005 season, $71,800,000, to remain available ing are designated as an emergency require- until expended: Provided, That the amount $17,500,000, to remain available until ex- ment pursuant to section 402 of H. Con. Res. pended: Provided, That the amount provided provided under this heading is designated as 95 (109th Congress), the concurrent resolu- an emergency requirement pursuant to sec- under this heading is designated as an emer- tion on the budget for fiscal year 2006. gency requirement pursuant to section 402 of tion 402 of H. Con. Res. 95 (109th Congress), H. Con. Res. 95 (109th Congress), the concur- CHAPTER 5 the concurrent resolution on the budget for rent resolution on the budget for fiscal year DEPARTMENT OF HOMELAND SECURITY fiscal year 2006. 2006: Provided further, That the Secretary, CUSTOMS AND BORDER PROTECTION PREPAREDNESS, MITIGATION, RESPONSE, AND acting through the Chief of Engineers, is di- RECOVERY SALARIES AND EXPENSES rected to use funds appropriated under this For an additional amount for ‘‘Prepared- For an additional amount for ‘‘Salaries heading for the restoration of funds for hur- ness, Mitigation, Response, and Recovery’’ and Expenses’’ for necessary expenses related ricane-damaged projects in the State of for necessary expenses related to the con- to the consequences of Hurricane Katrina Pennsylvania: Provided further, That the sequences of Hurricane Katrina and other and other hurricanes of the 2005 season, amount shall be available for the projects hurricanes of the 2005 season, $10,000,000, to $12,900,000: Provided, That the amount pro- identified above and only to the extent that remain available until expended: Provided, vided under this heading is designated as an an official budget request for a specific dol- That the amount provided under this head- emergency requirement pursuant to section lar amount, including a designation of the ing is designated as an emergency require- 402 of H. Con. Res. 95 (109th Congress), the entire amount of the request as an emer- ment pursuant to section 402 of H. Con. Res. concurrent resolution on the budget for fis- gency requirement, is transmitted by the 95 (109th Congress), the concurrent resolu- cal year 2006. President to Congress. tion on the budget for fiscal year 2006. CONSTRUCTION GENERAL PROVISIONS—THIS CHAPTER DISASTER RELIEF FLOOD PROTECTION, LOUISIANA For an additional amount for ‘‘Construc- For an additional amount for ‘‘Disaster SEC. 2401.(a) There shall be made available tion’’ for necessary expenses related to the Relief’’ for necessary expenses under the $200,000,000 for the Secretary of the Army consequences of Hurricane Katrina and other Robert T. Stafford Disaster Relief and Emer- (referred to in this section as the ‘‘Sec- hurricanes of the 2005 season, $4,800,000, to gency Assistance Act (42 U.S.C. 5121 et seq.), retary’’) to provide, at full Federal expense— remain available until expended: Provided, $10,400,000,000, to remain available until ex- (1) removal of the existing pumping sta- That the amount provided under this head- pended: Provided, That the amount provided tions on the 3 interior drainage canals in Jef- ing is designated as an emergency require- under this heading is designated as an emer- ferson and Orleans Parishes and realignment ment pursuant to section 402 of H. Con. Res. gency requirement pursuant to section 402 of of the drainage canals to direct interior 95 (109th Congress), the concurrent resolu- H. Con. Res. 95 (109th Congress), the concur- flows to the new permanent pump stations to tion on the budget for fiscal year 2006. rent resolution on the budget for fiscal year be constructed at Lake Pontchartrain; UNITED STATES COAST GUARD 2006. (2) repairs, replacements, modifications, OPERATING EXPENSES and improvements of non-Federal levees and Mr. VITTER. Mr. President, I spoke associated protection measures— (INCLUDING TRANSFERS OF FUNDS) to this amendment yesterday. I will (A) in areas of Terrebonne Parish; and For an additional amount for ‘‘Operating not speak to it again. I will simply un- (B) on the east bank of the Mississippi Expenses’’ for necessary expenses related to derscore several things. River in Plaquemines Parish, Louisiana; and the consequences of Hurricane Katrina and First of all, Senator LANDRIEU joins (3) for armoring the hurricane and storm other hurricanes of the 2005 season, me in presenting this amendment damage reduction system in south Lou- $90,570,900, to remain available until Sep- which goes to the essential levee and isiana. tember 30, 2007, of which up to $267,000 may hurricane protection needs of the (b) A project under this section shall be be transferred to ‘‘Environmental Compli- initiated only after non-Federal interests ance and Restoration’’ to be used for envi- greater New Orleans area. have entered into binding agreements with ronmental cleanup and restoration of Coast Second, the entire amendment is off- the Secretary to pay 100 percent of the oper- Guard facilities in the Gulf of Mexico region; set. So this amendment does not in- ation and maintenance costs of the project and of which up to $470,000 may be trans- crease the spending in the bill by any and to hold and save the United States free ferred to ‘‘Research, Development, Test and amount—not one single penny. from damages due to the construction or op- Evaluation’’ to be used for salvage and repair Third, we believe this amendment is eration and maintenance of the project, ex- of research and development equipment and very important to make sure that cept for damages due to the fault or neg- facilities: Provided, That the amounts pro- there are adequate funds for the essen- ligence of the United States or its contrac- vided under this heading are designated as tial levee hurricane protection work tors. an emergency requirement pursuant to sec- (c) The Secretary shall submit to Congress tion 402 of H. Con. Res. 95 (109th Congress), which is at the heart of this bill. a report detailing a modified plan to protect the concurrent resolution on the budget for We have many debates about what is lower Plaquemines Parish, Louisiana, from fiscal year 2006. at the periphery, but this type of work damage attributable to hurricanes with a ACQUISITION, CONSTRUCTION, AND is at the heart of this bill, and, of focus on— IMPROVEMENTS course, the President and his leader- (1) protecting populated areas; ship have made that clear. (2) energy infrastructure; For an additional amount for ‘‘Acquisition, (3) structural and nonstructural coastal Construction, and Improvements’’ for nec- Again, I went into the details of this barriers and protection; essary expenses related to the consequences amendment yesterday. I won’t go into (4) port facilities; and of Hurricane Katrina and other hurricanes of them again. But I certainly hope in (5) the long-term maintenance and protec- the 2005 season, $191,844,000, to remain avail- light of the fact that this amendment tion of the deep draft navigation channel on able until expended: Provided, That such does not increase the cost of the bill, the Mississippi River. amounts shall be available for major repair the Senate can come together and sup- and reconstruction projects for facilities (d) Not later than 30 days after the date of port Senator LANDRIEU and myself in enactment of this Act, the Secretary shall that were damaged and for damage to vessels offer to enter into a contract with the Na- currently under construction, for the re- passing this very important amend- tional Academies to provide to the Secretary placement of damaged equipment, and for ment to ensure that the vital work a report, by not later than 90 days after the the reimbursement of delay, loss of effi- going on right now building up to the date of enactment of this Act, describing, for ciency, disruption, and related costs: Pro- next hurricane season which starts in the period beginning on the date on which vided further, That amounts provided are also June can be done, and that all nec- the individual system components for hurri- for equitable adjustments and provisional essary moneys are there for all those cane and storm damage reduction was con- payments to contracts for Coast Guard ves- important categories of work. structed and ending on the date on which the sels for which funds have been previously ap- I believe my colleague from Lou- report is prepared, the difference between— propriated: Provided further, That the (1) the portion of the vertical depreciation amount provided under this heading is des- isiana would like to say a few words in of the system that is attributable to design ignated as an emergency requirement pursu- support. and construction flaws, taking into consider- ant to section 402 of H. Con. Res. 95 (109th I yield the floor. ation the settling of levees and floodwalls or Congress), the concurrent resolution on the The PRESIDING OFFICER. The Sen- subsidence; and budget for fiscal year 2006. ator from Louisiana is recognized.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3957 Ms. LANDRIEU. Mr. President, I Having said all of that, I don’t want affirms that the United States will not thank my colleague from Louisiana. It to slow down the Senate’s consider- seek to establish permanent military has been a pleasure to work with him, ation of legislation, but I hope we bases in Iraq and has no intention of and of course the leadership of the would not proceed to a vote on either attempting to control Iraqi oil. committee. the McCain amendment at this time or I know that is self-evident. We all As the Senator has pointed out, it the Vitter amendment. We can wait know that. We know that is not our in- does not add any money to the under- until a little later. We will be on the tention. The fact is, it is urban legend lying bill, but it makes clear that there bill for the balance of the afternoon. in Iraq, and our enemies in Iraq are are four additional projects that are We hope to complete action on the bill using it as a rationale for continued very crucial to the comprehensive re- at least by tomorrow morning. We ap- opposition to the United States of pairs that are going on in the greater preciate the cooperation of all Sen- America. metropolitan area that simply need to ators and particularly those who are The Senate Appropriations Com- be included. That is really the essence helping identify things that need to be mittee, in its report on the bill we are of this amendment. addressed in this bill because of the considering, noted: It does not add any money to the bill. devastating disasters that occurred in It’s the current policy of the United States It does not authorize anything outside the southeast and the gulf coast re- to establish no permanent military bases in the scope. It has been ruled germane. gion. They need the money now. We are Iraq. I again want to not only thank him not trying to slow down the action on I commend the committee for this for his good work but also acknowledge the bill. We will not do that. important finding. It is an important the leadership of the administration I thank the Senators from Louisiana message, as I said, to say not only to which has in the past few weeks come for understanding and hope they will the Iraqis but the whole world. The ad- forward in terms of stepping up their not push for a vote right now. ministration policy has been less clear leadership on this levee repair and how The PRESIDING OFFICER. The Sen- thus far, so hopefully it will be useful crucial it is to our area. ator from Louisiana. to the administration. I commend the administration for Mr. VITTER. If I could respond to I am sure the American Ambassador their support of the underlying bill the suggestions of the distinguished to Iraq understands the importance of which is very substantial. chairman through the Chair, I have no the issue. In March he told Iraqi tele- I yield the floor. vision stations that the United States Mr. VITTER. Mr. President, in clos- objection to scheduling this vote later has ‘‘no goal in establishing permanent ing, I would also say that this amend- in the day. I have been in a lot of con- bases in Iraq.’’ But, unfortunately, the ment has been cleared by the majority tact with the authorizing committee, Ambassador’s statement has been and minority managers of the bill. its leadership and its staff. I will con- With that, I ask for a rollcall vote. tinue to be in contact with them about clouded by mixed messages from senior The PRESIDING OFFICER (Mr. MAR- issues contained in this amendment. I administration officials in Washington. To my knowledge, the President has TINEZ). The yeas and nays are re- have no objection to proceeding to a quested. vote later in the day. never explicitly stated that we will not Is there a sufficient second? I do wish to restate my call for a roll- establish permanent bases in Iraq. There appears not to be a sufficient call vote. I would be perfectly ame- On February 17, 2005, Secretary second. nable to any unanimous consent order Rumsfeld told the Committee on Mr. COCHRAN. Mr. President, I rise to schedule the vote later in the day as Armed Services: to simply advise the Senator that I am long as that vote is assured. We have no intention, at the present time, told by staff that the authorizing com- The PRESIDING OFFICER. The yeas of putting permanent bases in Iraq. mittee has some concerns with the and nays have been requested. ‘‘At the present time’’ caused a stir. amendment and would oppose pro- Is there a sufficient second? According to a recent survey, 88 per- ceeding to a vote on the amendment at There appears not to be a sufficient cent of Sunni Arabs in Iraq approve of this time without the opportunity of second. attacks on American forces in part be- discussing it with other Senators. The senior Senator from Louisiana. cause they are convinced that the Sec- That is the reason I didn’t raise my Ms. LANDRIEU. I suggest to my col- retary’s statement means that we do hand to authorize the yeas and nays. I league—and the chairman has been so have eventually a desire to have a per- have no objection to the yeas and nays helpful on all of the amendments— manent base in Iraq. being ordered, but I didn’t want us to would it be possible through the Chair On February 15, 2006, at the Senate proceed to a vote without the benefit of to request a specific time, or would the Foreign Relations Committee hearing, the advice and counsel of the legisla- recommendation be to set this aside my friend, the Senator from Massachu- tive committee that sent word they and come back to it at a later time? We setts, asked Secretary Rice: have some concerns about the amend- have been working for quite some time Is it, in fact, the policy of the administra- ment. I don’t know what the concerns on this. Would the Chair wish to set a tion not to have permanent bases in Iraq? are. time or should we think about setting Rather than answering the simple As I reminded the Senate a moment it aside and coming back at a later one word, ‘‘Yes,’’ Secretary Rice said ago, there is a meeting with the Sec- date? We do not want to disrupt the during a 400-word exchange on the retary of Defense and Secretary of proceedings taking place, as the Sen- question: State. Some Senators are at that meet- ator outlined. I don’t want to in this forum try to preju- ing and I don’t want to unnecessarily Mr. VITTER. Mr. President, I suggest dice everything that might happen way into infringe on their interests by having a the absence of a quorum. the future. recorded vote as they are meeting on The PRESIDING OFFICER. The Not a very reassuring message to our subjects of this legislation. This is a clerk will call the roll. friends in Iraq. These mixed messages bill that funds the Department of De- The legislative clerk proceeded to are confusing also to the American fense and the Department of State with call the roll. people. supplemental appropriations to help Mr. BIDEN. Mr. President, I ask But here is the most troubling thing. pay for ongoing activities in the Mid- unanimous consent that the order for They make it more dangerous for our dle East. This is a very important sub- the quorum call be rescinded. armed services, our men and women in ject for Senators to understand at this The PRESIDING OFFICER. Without Iraq on the ground. General George particular time. objection, it is so ordered. Casey, the ground force commander in I am sympathetic to their situation Mr. BIDEN. Mr. President, I under- Iraq, told the Committee on Armed and think they should be able to ques- stand the chairman and the ranking Services last September: tion the Secretaries about the use of member have already accepted my Increased coalition presence feeds funds in this bill and the general situa- amendment. I will speak to it very the notion of occupation. tion in the area where we are fighting briefly. According to an opinion poll con- the war on terror and trying to protect The amendment they have accepted ducted by a the Program on Inter- the security interests of our country. is straightforward, clear, and simple. It national Policy Attitudes from the

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3958 CONGRESSIONAL RECORD — SENATE May 3, 2006 University of Maryland in January our intentions and growing increas- has five parts. I came to those conclu- 2006, 80 percent of the Iraqis believe we ingly impatient. I have no illusions sions based upon the following assess- do have plans to establish permanent that a single amendment will somehow ment: Nothing I propose is in any way military bases. And an astounding 92 change the dynamics of events on the contradictory to the existing Iraqi percent of the Sunni Arabs believe this ground, but I believe we have a duty to Constitution. Let me remind all my to be true. proclaim and demonstrate through our colleagues that the Iraqi Constitution, These widespread suspicions con- deeds that we have no intention what- voted on last year by the Iraqi people, tribute to the violence against Amer- ever of either maintaining permanent calls for the establishment—after a ican military personnel in Iraq, in my Iraqi military bases or controlling general election, which took place on view. Why do Iraqis believe we want Iraqi oil. December 15—of an Iraqi Government. permanent bases? Why do they think If I may, I suggest what I proposed Once the Iraqi Government is estab- we should subject ourselves to the this past weekend, a third way on deal- lished—and it must be established, enormous ongoing costs in Iraq? Do ing with Iraq. Right now, we have basi- now, by May 20—the Parliament will they think we want their sand? No, I cally two alternatives. The administra- meet. The Iraqi Parliament will meet, think they think we want their oil. tion has a plan as to how not to lose and they will appoint a committee to According to a 2004 Pew Charitable but not one on how to win. Some of my make recommendations on amend- Trust international survey on the friends in both parties believe the an- ments to the Constitution. American invasion of Iraq, all four swer is to figure out how quickly we This process was made available be- Muslim states surveyed, including Tur- can pull out our forces. I want our cause of the hard work of our Ambas- key, Pakistan, Jordan, and Morocco, forces out, but I also want to leave be- sador to Iraq. When they voted on the expressed overwhelming suspicion hind a stable Iraq so we need not go Constitution, you may remember, at about the stated reasons for America’s back in again. the last minute, to save the deal, Zal invasion of Iraq. Majorities in each of Toward that end, I laid out a pro- was able to go out and get the fol- the countries believe that control of posal. I want to make absolutely clear lowing caveat put into their Constitu- Mideast oil was an important factor in what it is not. It is not a proposal to tion: that it was still able to be amend- our invasion. partition Iraq. As a matter of fact, I re- ed, particularly as it related to region- If you believe, as I do, that we need spectfully suggest that the proposal I alism. a regional strategy in Iraq to tackle have laid out, and signed on by Les For the Sunnis feared, above all, that growing sectarianism, allaying these Gelb and others, is, in fact, the only you would have these two autonomous suspicions is critical. It is critical to way to avoid the partitioning of Iraq. provinces with all the oil—north and winning the battle for the hearts and My fellow colleagues, we have gone south—and they would be left without minds of 1.2 billion Muslims in the from the major threat in Iraq being the any resources in the middle and at the world. insurgency to the major threat in Iraq mercy of those two regions. That is Those who have been to Iraq, as I being sectarian violence and a civil why the present Constitution in Iraq have—and I know the men and women war. If you read the major press on calls for the possibility of amendment. in the Senate have—everyone here Sunday, both the Washington Post and And the amendments the administra- knows these rumors to be unfounded, the New York Times have articles from tion has been calling for, I have been to be untrue. It is not our intention to well-respected reporters on the ground calling for, and everyone else, are amendments designed to get further control their oil. It also is not who we in Iraq saying that the nation is dan- Sunni buy-in. For everyone knows, un- are. gerously careening toward partition. However, that is not what the people My proposal is designed to avoid par- less the Sunnis buy in, the insurgency of the Muslim world think. Before we titioning. I believe, in order to be able will not stop. If the insurgency is not quickly dismiss these fears as ludi- to keep Iraq together and as a united quelled, continued sectarian violence crous, remember what the Iraqis have government 5 years from now, we must will erupt. And already the genie is out of the bottle. been through in three decades: Three give them breathing room now— What has happened now is sectarian wars and a tyrannical regime that breathing room now. The fact of the violence and ethnic cleansing is becom- turned paranoia into a way of life, matter is, there is no plan on the ad- ing a part of the political process in turned neighbor against neighbor, ministration’s radar or anyone else’s, Iraq. In order to be able to stem that, friend against friend, brother against for that matter, to deal with dis- there is a necessity, in my view, to get brother. banding the militia or integrating the Sunni buy-in. And remember the longer history of militia into the Iraqi military. Everything has changed on the Iraq in the region which is ingrained in And, right now, a unity govern- ground since my first trip to Iraq, right the Iraqi psyche: 400 years of British ment—which is a necessary pre- after Saddam’s statue fell, with DICK and Ottoman occupation have, to put it condition for what I am talking LUGAR and with our colleague from Ne- mildly, led to certain suspicions about about—a unity government, without a braska, CHUCK HAGEL. foreign presence. plan as to how to keep the Sunnis in At that time, the Sunni former As CENTCOM Commander GEN John the game, is one that is destined for Baathist insurgents believed, if they Abizaid testified before the Committee failure. resisted, they could drive America out, on Armed Services last September: We have had two unity governments and they could once again take control We must make clear to the people of the already, and they have gotten us, quite of the central government. They be- region we have no designs on their territory frankly, nowhere. What makes anyone lieved that Sunni domination, as ex- or resources. think because you no longer have isted the previous decades, was again The amendment of mine that has Ibrahim al-Jaafari, who was disliked by achievable. been accepted will have no detrimental the rest of non-Shiite Iraq, as prime The Shia thought there was no possi- effect on the military operations of our minister that somehow the Sunnis are bility of them being able to dominate Armed Forces in Iraq or their ability going to embrace a highly centralized militarily, and they would have to be to provide security for Iraqi oil infra- Government, politically controlled by able to do that politically. structure. the Shia, and without any Sunni access And the Kurds saw themselves as a The U.N. Council Resolution 1546 rec- to resources, and nothing being done semiautonomous region not caring ognizes that the American and coali- about the death squads and the militia much about anything else that hap- tion forces are present in Iraq at the coming out of the Sadr camp and the pened as long as they maintained their invitation of the Iraqi Government and Badr brigade, which has been trained, autonomy. that their operations are essential to in part, by the Iranians? They are not What has happened in the last couple Iraq’s political, economic, and social likely to sign on. years? Well, what has happened in the well-being. So the proposal I have laid out, last several months, when the mosque We are anxious for the day when which I will not bore my colleagues was blown up in the Shia area, it un- Iraqis can take control of their own with in detail, but I will submit for the leashed—it unleashed—sectarian vio- destiny, but the Iraqis are suspicious of RECORD, the proposal I have laid out lence. It unleashed it in a way that the

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3959 brigades of the existing militia began years to have our Philadelphia mo- surgents. They know there is nothing to wreak vengeance and havoc. ment. It took us 13 years. they are going to be able to do in the Every day you pick up the paper, Let me go back to Bosnia and con- foreseeable future to keep their what do you read about in Baghdad? tinue that analogy. The Dayton Ac- mosques, the oil wells, and infrastruc- You read about 2, 12, 14, 50 Sunnis cords called for the establishment of a ture from being blown up. found bound and gagged and shot in the place called the Republika Srpska. Re- The Kurds. What has happened in the head. You read of death squads. member, Serbians within Bosnia- last 3 months with the Kurds? The On this floor, a year and a half ago, Herzegovina had their own republic, Kurds value, above all else, their au- I warned that the police department in were allowed to keep their army, al- tonomy. They really want independ- Iraq was not being organized and was lowed to keep their military, and three ence, but they value their autonomy. essentially becoming a group of death Presidents were elected under the Con- Why would they be part of this deal to squad people, dominated by the sec- stitution—a Serbian President, a give up part of the revenues to guar- tarian groups. Bosniak President, and a Croat Presi- antee the Sunnis have revenues? A sim- What has our military told us now? dent. That was necessary to keep this ple reason, folks: They have now de- They told us just that, just that. And place from splitting and splintering. cided there is no possibility of them oc- what has happened now is our chief There was no possibility you would get cupying Kirkuk and being independent military guy on the ground, General them all on the same page, in the same in a country that blows apart. Why? Casey, says we have to radically reform box, after the ethnic cleansing that had The Turks will take them out. The the police. And he calls 2006: the year taken place. Turks will take them out. The of the police. The year of the police—a What is happening now in Bosnia- Turkoman, the Syrians, and others tacit acknowledgment they have been Herzegovina? Now they are rewriting who live in Kirkuk—the Turks will not a vehicle of dividing Iraq in sectarian their Constitution. The Republika allow the Kurds in Iraq to essentially ways rather than one of uniting Iraq. Srpska is ready to give up their status, have an independent state if a civil war Read today’s papers—the New York give up their military, as well as move breaks out. Times, the Washington Post, the LA from three Presidents to one. Why? So they have all figured it out. But Times. What are you reading? You are They want to become part of Europe. they do not know quite how to fix it. reading now that members of the Iraqi They want to become part of Europe You may say: Biden, isn’t it presump- Army are refusing to be deployed out- and benefit economically. That is why tuous for you to tell them how to fix side the areas from which they come. we needed to give them breathing it? The election on December 15—and I room. Quite frankly, every move forward of came to this floor afterward—it was My proposal does not do a single late has been from an American initia- heralded as this great democratic thing that the existing Constitution tive. movement. What was it? Ninety per- does not contemplate in Iraq. And my Well, I heard the White House criti- cent of the Iraqis who voted on Decem- proposal requires—requires—as a pre- cize my plan, saying we ought to let ber 15 for a new Iraq voted for sec- condition the establishment of the very the Iraqis do it. Well, how do they ex- tarian or ethnic parties. If you look at government that is being established plain the fact that the President of the the results, it was a call for, effec- right now. But it goes beyond that. As United States got on the phone and tively, the thing we do not want—divi- our Ambassador said to us, down at the told the Iraqis: ‘‘Jaafari is out’’? How sion and partition. That is what it was. White House, in the teleconference do they explain the fact of noninter- Only 10 percent of the votes cast in with the President and about six Sen- ference with the Secretary of State, Iraq on December 15 were for non- ators and the members of the war Cabi- the Secretary of Defense getting on a sectarian, nonethnic parties or can- net of the President—he said: Mr. plane and going over to Iraq and say- didates. President—I am paraphrasing—we first ing: ‘‘Jaafari is out’’? So much for this notion that there is have to establish this government. Do you call that meddling? I call it this nonsectarian oasis that exists in Then we need a program. The govern- meddling, but a rational meddling, a Iraq that we can now drink from in ment needs a program. rational meddling for their own well- order to unite Iraq. Essentially, what my proposal calls being and, long term, ours. So I say to my colleagues, the pro- for are the outlines of a program, a And I might add, who was it that in- posal I have come forward with is, I be- program whereby the Sunnis are guar- sisted that the Constitution, that was lieve, the only reasonable way in which anteed a piece of the economic pie. clearly going to be voted on over- to guarantee there is not a division of Now, people would say: Joe, why? whelmingly, be amended at the last Iraq, that there is not partitioning. My And I have run this by at least a half minute to allow further amendment? proposal calls for a strong central gov- a dozen Iraqi leaders in Iraq—Sunni, Our Ambassador? He did it. Why? It ernment controlling all of the reve- Shia, and Kurds—and it ranges from made sense in order to get the Sunnis nues, all the resources, all the oil reve- ‘‘not sure’’ to ‘‘supportive.’’ into the election. nues, controlling a united army, and in Why? What has changed? Here is Because they were not ready to buy charge of border security and foreign what has changed. This is how the in if they knew this Constitution was policy. ground has shifted. No. 1, there is now cast in stone. That is nice meddling. But what it does is what we did, in sectarian violence, and ethnic cleans- What I am proposing does not even part, in Bosnia in the Dayton Accords. ing is underway already now. approach that. What I am proposing is It gives the sectarian areas breathing Secondly, the Sunnis no longer think what everybody knows has to be dealt room. It does not insist that the cen- there is any possibility of them con- with in Iraq; and that is, you have to tral government and the Parliament trolling the central government and all figure a way that the Sunnis have some dictate to the people in the Sunni area, of Iraq any longer. They have given up resources. for example, what their laws on mar- that notion. They know it is not pos- Now, if you are a Sunni, and you riage should be, what their laws on di- sible. Some diehard Baathists and ter- have been able to get a new govern- vorce and property settlement would rorists still think that. But the vast ment here, where you get a few people be, any more than we allow the Federal majority of the Sunni leadership knows who are in the government, what do Government to tell the people of Mis- that is not in the cards. That is not you think happens in a parliament, sissippi or the State of Washington or where they were 8 months ago. where 60 percent of the parliament is the State of Delaware what those laws Now, what happened with regard to dominated by the Shia when it comes would be. That is not division. the Shia? The Shia now know they can to distributing resources in the central I remind everybody, what did we do? be the dominant political party in Iraq. government? Do you think you are We won a Revolutionary War, but we But they have also figured out, in the going to get many hospitals built in could not get a consensus among the 13 last 3 months—they have had, as we the Sunni region? Do you think you are Colonies to have a strong, united cen- Catholics say, their own epiphany. And going to get many roads built? Do you tral Government, so we developed the what was their epiphany? It is that think you are going to get many wells Articles of Confederation. It took us 13 they know they cannot control the in- dug? These folks are not stupid.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3960 CONGRESSIONAL RECORD — SENATE May 3, 2006 But if you guarantee them a rational aren’t going to get better so we better terest to see civil war not break out, as piece of the economic pie—sort of like get our troops out of there as quick as it is in ours. revenue sharing—if you guarantee we can. Neither speaks to what I think All of that aid should be conditioned them something approaching 20 per- is our national interest and objective on one important thing: A guarantee of cent of the oil revenues, after the cen- and they are dual: One, get the troops human rights and women’s rights. Peo- tral government has paid for all it out as rapidly as we can and leave be- ple say: Biden, we know you wrote the needs to make them function, then, in hind as stable and integrated country Violence Against Women Act. What is fact, they know they have the ability as possible. Because if we don’t leave the deal here? The reason is not only is to provide for their own needs, and behind a stable government, we are it morally the right thing to do, it is they are not going to be left totally going to do exactly what I predict is essential for there to be any prospect out in the cold. It is money distributed going to happen in Afghanistan. We are of a democratic Iraq emerging in the by a strong central government. going to be back in Afghanistan. Read future, essential that women have I would add one other point. People today’s paper. My argument is, we rights and are protected. And the con- ask: Why would the Sunnis and Shia should be sending more forces rather dition upon the aid should be the guar- give up what they now control, all this than less. Read the paper today. The antee and ability to oversee not abus- oil? Why would they give any guaran- paper today says our folks and the ing the rights of women in their laws, teed peace to the Sunnis? I will tell Afghanis and others say the Taliban is in their provinces, similar to our you why. Some of my colleagues re- about to occupy again the Pashtun States, similar to the State of Dela- member when Dick Lugar and I came area, that the rural areas of south- ware, the State of Mississippi, as well to the floor and said there would not be eastern Afghanistan are now controlled as the fact that overall human rights oil to pay for this war. by the Taliban and al-Qaida. be something that is transparent. Why did we say that? We are not all Hear me. If they are controlled by The fourth piece of this plan calls for that brilliant. Because we went to the the Taliban and al-Qaida, mark my what I have been calling for, for 2 oil men, we went to Mr. Yergin from words, that control will be consoli- years, I admit. Dr. Kissinger has been the Cambridge research outfit that ad- dated because we left too soon, we calling for it for a year and three-quar- vises all the major oil companies in the don’t have enough resources there, and ters, Secretary Shultz has been calling United States. He came and testified we didn’t finish the job. I don’t want for it. Secretary Powell is calling for and said: You can’t get oil out of the the same thing happening in Iraq. So it. We need a regional conference. We ground in sufficient amount unless you just pulling troops out, which I would need to get all of Iraq’s neighbors, such invest $30 billion in the ground. love to do, pulling them out and trad- as we did in Afghanistan, get all of What does everybody agree to now? ing a dictator for chaos is no answer. Iraq’s neighbors to essentially enter Everybody, including the administra- Leaving them in without a plan to be into an agreement not to meddle in tion, says we have to invest $30 billion able to bring them out with a country Iraq’s affairs. People ask: Why would in the ground. left behind is also not a plan. they do that? Why would Iran do that, What is the next message coming Here is the deal, five pieces to my why would Turkey do that, why would from the oil industry worldwide? They proposal, all contemplated by the the Arab neighbors do that? A simple will not invest sufficiently in Iraqi oil present Constitution and all totally reason: The last thing any of them unless there is a centralized oil min- consistent with the establishment of want is a civil war. istry with actual control and unless an integrated government. The first They say the Iranians might want a there is a reasonable prospect of an end part of that plan requires that there be civil war. No. What the Iranians want of the insurgency and the prospect of strong central government control over is what they have. What they have now no civil war. So why would the Shia revenues, border, natural resources, is Americans being bled financially and give up part of their oil that is in the and distribution of them. As part of physically, with 10 or 12 divisions tied south? There is no oil in the middle. It that, we would also do what the World down. That is what the Iranians want. is in the north and the south. Why Bank has done before: Have a World What they don’t want is a civil war. would they give it up? Because they Bank committee overseeing the dis- You ask why? In Tehran, the Govern- know with the investment, the oil pie tribution of resources, which we have ment of Tehran and the clerics know will be so much bigger. Although they done in many countries, to guarantee that 75 to 80 percent of their constitu- would be giving up a little bit with the transparency. ency hates them. They know they are Constitution, they will be getting con- The second piece of this is a require- incredibly unpopular. You are sitting siderably more revenue. This is not ment that the Constitution be amend- on top of an unpopular government, rocket science. That is what this is ed, or theoretically it could be done by knowing that there is not enough en- about. the Parliament, where the Sunnis are ergy for there to be another revolt, an- There are five pieces of the plan. If guaranteed a portion of the oil reve- other revolution among the people. Do we are ready to go to something else, I nues after the central government has you want 17 million of your Shia Arab am happy to cease and desist. paid all its bills, as the Kurds would be brothers—and don’t forget the Iranians Mr. COCHRAN. Mr. President, if the and as the Shia would be. are not Arab, they are Indo-European, Senator will yield, we understand the The third piece of this is, instead of they are Persian—do you want 17 mil- meeting with Senators and the Sec- doing what the administration has lion of your Shia Arab brothers learn- retary of State and Secretary of De- done, which is in this budget cut off ing how to fight and learning how to fense is still going on. We are advised more economic aid to Iraq—I find that muster their physical capability per- that a good time for the vote on the amazing. We are ending economic aid, haps for the next year on your border McCain amendment would be about reconstruction aid in Iraq. What is the while they are engaging with 60 million 3:30. You are getting wound up. plan for this democracy? We should, in of your Shia citizens who don’t like Mr. BIDEN. Well, I am. Although I fact, continue economic aid to Iraq, you? I guarantee you, the answer is may speak long, I speak seldom. But which I am sure is hugely unpopular ‘‘no.’’ They don’t want that. this is very important to me and to our because it has been so badly spent so The Turks don’t want a civil war. country. I want to make sure, whether far, but require a fundamental change Civil war means the Kurds are going to people agree or disagree with my pro- in the distribution of that aid away go their own way. The last thing the posal, they understand it. And if they from megaprojects to small-bore Turks want is the Kurds going their disagree, they know why they disagree. projects. We should, at the same time own way. And for Lord’s sake, the Arab A lot are agreeing. in part 3, be calling upon our erstwhile Gulf States don’t want a civil war be- Here is the deal. There are two alter- partners who committed resources to cause they then begin to count their natives we have now been offered. One Iraq to deliver them. And we should days. So it is in everyone’s interest. side says we are going to keep things have an altar call for our Arab friends How do you get this regional con- from getting worse, where we have no in the gulf who are making ExxonMobil ference? I believe we can and I am con- strategy to make them better. The look like a piker. They have plenty of fident we will. Get the P5, the perma- other side of the equation says, things money. And it is as much in their in- nent 5 of the Security Council to lay

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3961 down the parameters for a regional We can do that again. Don’t expect with this warning: we must not, yet again, conference, get a U.N. Security Council everyone to embrace this plan. I realize prematurely declare, ‘‘Mission Accom- resolution passed calling for a regional it is strategically pretty broad. I real- plished.’’ Yes, Iraqis voted by the millions, conference on Iraq and noninterven- ize it takes time to digest. My fervent but who did they vote for? Ninety percent tion. And then do what I have been cast their ballots for sectarian and ethnic prayer is, I would love it if 6 months parties. Far from a democratic turning calling for for 2 years, set up a contact from now, what I proposed proves not point, the elections reflected Iraq’s deep- group made up of the regional and to be necessary because the Iraqis have ening fault-lines. world powers who will essentially po- embraced and rallied around this new Here’s where we are in Iraq: we can’t lose lice the deal—not send troops into Iraq, government, that the insurgency is on the battlefield and the insurgents can’t police the deal—so that all those who stopped, that we have not had contin- win as long as enough U.S. troops remain. sign on in the region do not interfere ued ethnic cleansing, and that there is But, as both our Ambassador and our top and observe they are not interfering. a unified central government as is. I general in Iraq acknowledge, violence be- The fifth piece of my plan calls for a tween the Shi’a and Sunnis has surpassed the would be delighted, delighted to stand insurgency as the main security threat. It is date to be announced, that by the end on the floor and have people say: Told of 2008, the majority of American driving the country toward chaos and civil you, Joe. You didn’t need the scheme war. forces will be redeployed. There are you laid out. Simply put, the sectarian genie is out of two reasons for that. To give the U.S. I pray God that is true. But I respect- the bottle. Ethnic militias increasingly are military certainty, to give them cer- fully suggest to you it is not likely to the law in large parts of Iraq. They have in- tainty to plan, for there is no possi- be true. We better have a plan B for filtrated the official security forces. Sec- bility of them pulling American forces pulling out American troops precipi- tarian cleansing has begun in mixed areas, out in 6 months or 8 months. I am not with tens of thousands of Iraqis fleeing their tously without a plan, for keeping homes in recent weeks. Dozens of dead bodies going to presume to tell the military them in without a plan is a disaster ei- how long an orderly change in our pres- turn up daily in Baghdad. ther way you look at it. Meanwhile, Iraqis have less electricity, ence in Iraq would take and when it Mr. President, I ask unanimous con- clean water, sewage treatment and oil than should take place. If it occurs sooner, sent that the speech I delivered earlier before the war. Iraq’s government ministries all the better. this week at the World Affairs Council are barely functional. Iraq looks more like a But the second reason to state it is to be printed in the RECORD. failing state, not an emerging democracy. let the Iraqis know, as Democrats and There is no purely military answer to this THE WAY FORWARD IN IRAQ: AVOIDING PARTI- Republicans and the President himself slow but certain downward spiral. With more TION, PRESERVING UNITY, PROTECTING troops and the right strategy, we might have have acknowledged, that as long as AMERICA’S INTERESTS they think we are there forever, they stopped the insurgency. But no number of It’s an honor to be back at the Philadel- U.S. troops will stop a civil war. To prevent are not about to step up to the ball to phia World Affairs Council. make the hard decisions. it, we need a political solution. The national First, let me apologize to those of you con- unity government in which the President has So I believe the only reasonable pros- fused by the schedule. It shows me speaking put so much stock is necessary, but it is not pect of holding Iraq together, to avoid this afternoon. Instead, you get me to start enough. We have had ‘‘unity’’ governments partitioning, which could be a disaster, your day. Look at it this way: things can for three years in Iraq. Yet sectarian vio- is to give the region breathing room only get better. And they will, because I un- lence has escalated. and incentive to stay in the deal. derstand that Vice President Cheney and What the Iraqis need now—and what this I hope over time this will get a closer Secretary Kissinger will be here for lunch. plan proposes—is a genuine political way for- I’d like to focus on an issue that weighs ward that, like our own Articles of Confed- look. As Dr. Kissinger said, and I spoke heavily on our national consciousness—Iraq. eration, gives Sunnis, Shiites, and Kurds the with him and Vice President CHENEY in I start from this hard truth: President confidence to pursue their interests peace- Philadelphia at the World Affairs Bush does not have a strategy for victory in fully in a unified country. In fact, the cen- Council, when they asked Dr. Kis- Iraq. His strategy is to prevent defeat and to tral government this plan proposes for Iraq hand the problem off to his successor. Mean- singer, after my speech along these would be even stronger than America’s first while, the frustration of Americans is lines, what he thought, he said he government. With time, we can hope they mounting so fast that Congress might end up thought the plan warranted very close will come to their own Philadelphia freedom. mandating a rapid withdrawal, even at the scrutiny. When I laid it out to Ash Car- At the same time, I believe we can’t pull risk of trading a dictator for chaos, and a our forces out precipitously, just as we can’t ter, he thought the plan was a good civil war that could become a regional war. plan. When I laid it out to other people, Both are bad alternatives. keep them in Iraq indefinitely. Withdrawing including former Republican and Today, I will argue for a third way that them too soon would open the door to all out Democratic members of the foreign can bring our troops home, protect our fun- civil war that could turn into a regional war. policy establishment, it went from: damental security interests, and preserve It also would leave parts of Iraq a haven for Iraq as a unified country. terrorists. That would be disastrous for U.S. Joe, is this partitioning? and once ex- interests. plained that it wasn’t, to not a bad I developed this plan with Les Gelb, the president emeritus of the Council on Foreign What our troops deserve—and what this idea, to fully embracing the idea. Relations. It recognizes this new, central re- plan proposes—is a clear target date for rede- This is going to take a while. I re- ality in Iraq: a rising tide of sectarian vio- ployment that, coupled with a political set- member when I came to this floor in lence is the biggest threat to Iraq’s future tlement, will allow us to leave Iraq with our the early 1990s and to the shock and and to America’s interests. It is premised on basic interests intact. dismay of my colleagues called for us the proposition that the only way to hold A FIVE POINT PLAN FOR IRAQ lifting the arms embargo against the Iraq together, and to create the conditions Ten years ago, Bosnia was drowning in eth- Bosnians and calling for air strikes for our troops to responsibly withdraw, is to nic cleansing and facing its demise as a uni- against the Serbs. My colleagues give Shiites, Sunnis, and Kurds room to fied state. After much hesitation, the United thought that was crazy. breath in their own regions. States stepped in decisively with the Dayton I remember when I came back again, Let me tell you what our plan is not: it is Accords to keep the country whole by divid- not partition. Let me tell you what our plan ing it into ethnic federations. We even al- after meeting with Milosevic and him is: It is consistent with Iraq’s constitution. having told people in a private meeting lowed Bosniaks, Croats, and Serbs to retain It is consistent with the new unity govern- separate armies. With the help of U.S. troops that when he asked me what I thought ment. And it is consistent with—in fact, it is and others, Bosnians have lived a decade in about him, I told him I thought he was necessary to—the goal of keeping Iraq uni- peace. Now, they are strengthening their a war criminal and I would spend my fied within its existing borders and not a common central government, and disbanding career seeing that he was tried as one, threat to its own people, its neighbors, or to their separate armies. my colleagues thought it didn’t make us. The Bush Administration, despite its pro- sense. It took 3 years to convince the I’d like to share the details of our plan found strategic misjudgments, has a similar with you. administration we should move. It opportunity in Iraq. takes time. But they did move. We THE CURRENT SITUATION The idea is to maintain a unified Iraq by decentralizing it and giving Kurds, Shiites, didn’t lose an American force. We I was last in Baghdad on December 15th to observe the elections. It was my sixth trip to and Sunnis the room to run their own af- stopped a genocide. We stopped the dis- Iraq. It was incredibly moving to see Iraqis fairs. The central government would be left mantling of an entire region of the go to the polls. in charge of common interests. We would en- world, and we saved the lives of at I came back with a finger stained purple courage Iraqis to accept this formula with least a quarter of a million people. from the polling ink. But I also returned major sweeteners for the Sunnis, a military

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3962 CONGRESSIONAL RECORD — SENATE May 3, 2006 plan for withdrawing and redeploying U.S. As a major sweetener, we should press the bors and lean on them to comply with the forces, and a regional non-aggression pact. Iraqis to write into the constitution that the deal. I’m not alone. Former Secretaries of The plan has five elements: Sunnis would receive about 20 percent of all State Kissinger, Shultz, and Powell have all 1. One Iraq With Three Regions present and future oil revenues. That’s called for the same thing. The first element is to establish three roughly proportional to their size. And it’s President Bush’s failure to move on this largely autonomous regions with a viable far more than they’d get otherwise, since the front is inexplicable. There will be no lasting but limited central government in Baghdad. oil is in the north and south, not the Sunni peace in Iraq without the support of its The central government would be respon- center. These revenues represent the only neighbors. sible for border defense, foreign policy, oil way to make the Sunni region viable eco- 5. A Responsible U.S. Drawdown And A Resid- production and revenues. The regional gov- nomically. If Sunnis reject the deal, there is ual Force ernments—Kurd, Sunni and Shiite—would be no guarantee they will get any oil revenues. Fifth, the President should direct U.S. responsible for administering their own re- The central government would set national military commanders to develop a plan to gions. oil policy and distribute the revenues, which withdraw and re-deploy almost all U.S. The United States shouldn’t impose this would reinforce each community’s interest forces from Iraq by 2008. If the military can solution and we don’t have to because fed- in keeping Iraq intact. There would be inter- do it sooner without precipitating a melt- eralism is already written into Iraq’s con- national supervision to ensure transparency. down, so much the better. Regardless, the Why would the Shiites and Kurds sign on? stitution. In fact, the constitution creates a President should make it clear that the di- Petroleum experts agree that the Iraqi oil limited central government and establishes a rection we’re heading in is out, and no later industry will attract much more desperately procedure for provinces combining into re- than 2008. gions. needed foreign capital if it is run as a unified We would maintain in or near Iraq a small Increasingly, each community will support whole. Shiites and Kurds will get a slightly residual force—perhaps 20,000 troops—to federalism, if only as a last resort. Until re- smaller piece of a much larger pie. That’s a strike any concentration of terrorists, help cently, the Sunnis sought a strong central better deal than they would get by going it keep Iraq’s neighbors honest, and train its government because they believed they alone. Guaranteeing Sunnis a piece of this security forces. Some U.S. troops and police would retake power. Now, they are beginning pie will reduce the incentive of insurgents to would also need to participate in a multi- to recognize that they won’t. Their growing attack the oil infrastructure. That, too, national peacekeeping force deployed to the fear is Shi’a power in a highly centralized would be good for everyone. state, enforced by sectarian militia and major multi-sectarian cities, as in the Bal- 3. More Aid, But Tied To The Protection Of Mi- kans. Such a force is now a non-starter with death squads. The Shi’a know that they can nority And Women’s Rights dominate the government, but they can’t de- other countries, despite their own interest in feat a Sunni insurrection. The Kurds want to Third, instead of ending U.S. reconstruc- avoiding chaos in Iraq and the region. But a consolidate their autonomy. tion assistance, as the Bush Administration political settlement, and their role in help- Some will ask whether this plan will lead is doing, we should provide more. But we ing to bring it about through a regional con- to sectarian cleansing. The answer is that should clearly condition aid on the protec- ference and Contact Group, could change it’s already happening. According to the tion of minority and women’s rights. The in- their calculus and willingness to participate. Iraqi government, 90,000 people have fled competence of the Bush Administration’s re- Right now, our troops are still necessary to their homes since the February bombing of construction program makes more recon- prevent total chaos. But unless the Iraqis see the Samarra mosque for fear of sectarian re- struction money a hard sell. A new aid effort and believe we are leaving, they will have prisals. That’s a rate of more than a 1,000 would have to be radically different than the little incentive to shape up. Redeployment is people a day. This does not include the tens old one. For example, instead of inter- also necessary because we can’t sustain this of thousands of educated Iraqis from the national mega-firms pocketing valuable con- large a force in Iraq without sending troops middle class who have left the country. tracts, spending a huge chunk of each one on back on fourth and fifth tours, extending de- We must build in protections to prevent security, and then falling short, Iraqis ployments, and fully mobilizing the Guard. more cleansing and to improve security in should be in the lead of small-scale projects That would do serious long-term damage to the big cities, which the Administration has that deliver quick results. our military. failed to achieve. Baghdad would become a The President also should insist that other A clear plan also would end the fiction the federal zone, while densely-populated areas countries make good on old commitments, President keeps repeating of a ‘‘conditions with mixed populations would receive both and provide new ones. He should focus on the based draw down.’’ What conditions justify multi-sectarian and international police pro- Gulf States. They’re enjoying windfall oil the draw down of 30,000 troops since the De- tection. profits. They have a lot at stake in Iraq. cember elections? The situation has gotten A global political settlement won’t end the They should step up and give back. worse. Sunni insurgency, but it should help to un- But all future U.S. aid would be tied to the President Bush’s refusal to give clear di- dermine it. The Zarqawi network would no protection of minority and women’s rights, rection leaves our military unable to plan an longer have the sectarian card to play. Sunni clearly and unambiguously. We should insist orderly draw down. It also leaves our troops, Nationalists and neo-Baathists would still be other donors set the same standard. Aid the Iraqis and the American people in the unhappy but they would be easier to contain. would be cut off in the face of a pattern of dark. It’s time to end the guessing. It’s time Similarly, while decentralization won’t violations. for clarity, but clarity with responsibility. end the militia problem overnight, it is the President Bush is now silent on protecting Redeploying our troops over 18 months will best way to begin rolling it back. Right now, minority and women’s rights. If they are not allow the political settlement I’ve proposed there is no plan to disband the militia. Mili- upheld, there can be no hope for eventual de- to take hold and prevent all-out civil war. tias have so heavily infiltrated the security mocracy in Iraq. REDEEMING OUR SACRIFICE forces that our training program is effec- 4. Maintain Iraq’s Territorial Integrity And En- This plan for Iraq has its own risks. But tively making them better killers. The re- gage Its Neighbors this Administration has left us with nothing gions can become magnets for the militia, Fourth, this plan proposes that the United but hard choices. integrating them into local forces, and even- Nations convene a regional security con- The choice I’m proposing may be the only tually into the national force. Again, the ference where Iraq’s neighbors, including way left to keep Iraq intact and allow our constitution already provides for security Iran, pledge to respect Iraq’s borders and troops to come home with our fundamental forces within the regions. There is nothing work cooperatively to implement this plan. security interests intact. radical in this proposal. The neighbors may see decentralization as The choice I’m proposing can give all of The Administration is focusing only on a plot to carve up Iraq. But they have an us—Republicans, Independents, Democrats, putting together a unity government. But equally strong interest in not seeing Iraq de- Americans—realistic hope that our sacrifices the ‘‘unity’’ government of the past year scend into a civil war that could draw them in Iraq were not in vain. wasn’t able to govern or stop the violence. into a wider war. Engaging them directly Thanks for listening. This one offers little more promise. A much can overcome their suspicions and focus Mr. LAUTENBERG. Mr. President, I broader political settlement that gives each their efforts on stabilizing Iraq, not under- rise to support Senator BIDEN’s amend- community breathing space is the best bet to mining it. prevent civil war and to keep Iraq intact. The U.N. Security Council should precede ment to provide that none of the funds 2. A Viable Sunni Region With Shared Oil Reve- the conference with a call for the necessary being appropriated in this emergency nues declarations. The permanent members of the supplemental appropriations bill may The second element of the plan is to gain Security Council should then sponsor and be used by the United States to estab- agreement for the federal solution from the participate in the conference to show a lish permanent military bases in Iraq. Sunni Arabs by giving them an offer they united international front. If we are serious about finding ways to can’t reasonably refuse. After the conference, Iraq’s neighbors will neutralize the insidious insurgency Basically, they get to run their own re- still be tempted to interfere in its weakened gion. That’s a far better deal than the affairs. We need an on-going mechanism to that has killed over 2,400 American present alternatives: either being a perma- keep them in line. For two years, I’ve called service men and women in Iraq, we nent minority in a centrally run government for a standing Contact Group, to include the must state clearly, unequivocally, and or being the principal victims of a civil war. major powers, that would engage the neigh- without further delay that we do not

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3963 intend to remain in Iraq indefinitely. Mr. COCHRAN. Mr. President, I ask struction activities related to Hurricane Permanent U.S. military bases are a unanimous consent that further read- Stan: Provided further, That temptation for terrorists and would be ing of the amendment be dispensed On page 126, line 12, after the period insert the following: a continuing symbol of U.S. occupa- with. tion. The PRESIDING OFFICER. Without (RESCISSION) The U.S. Ambassador in Iraq, Zalmay objection, it is so ordered. SEC. 1406. Of the funds appropriated under Khalilzad, said on March 24, 2006, that The amendment is as follows: the heading ‘‘Economic Support Fund’’ that the United States ‘‘has no goal of es- are available for assistance for Egypt in Pub- (Purpose: To designate the Navy, acting lic Law 109–102 and under such heading in tablishing permanent bases in Iraq.’’ through the Naval Facilities Engineering prior Acts making appropriations for foreign Senior-level officials regularly promise Command, as the agent for all matters re- operations, export financing, and related that the United States will not estab- lating to the construction of a new Armed programs, $47,000,000 are rescinded: Provided, lish permanent bases in Iraq. But the Forces Retirement Home in Gulfport, Mis- That such amount shall be derived only from facts tell a different story. sissippi) funds available for cash transfer assistance. General John Abizaid, the com- On page 193, line 25, insert after ‘‘Pro- Mr. LEAHY. Mr. President, this mander of U.S. troops in the Middle vided,’’ the following: ‘‘That the Navy, acting amendment offered by myself, Senator East, testified before Congress earlier through the Naval Facilities Engineering Command, shall be the agent for all matters DURBIN and Senator WYDEN, provides this year that he couldn’t rule out the an additional $35 million for famine possibility of permanent bases in Iraq. with regard to the planning, design, con- struction, and contract administration re- and disaster assistance for people in And according to the Congressional Re- lated to the construction of the new Armed West Africa and in the Horn of Africa search Service, the Bush administra- Forces Retirement Home: Provided further,’’. who are suffering from severe drought tion has requested more than $1.1 bil- The PRESIDING OFFICER. Is there and hunger. lion for new military construction in further debate on the amendment? In last year’s supplemental we pro- Iraq, nearly double what the United The question is on agreeing to the vided additional funding for this pur- States has spent in Kuwait, Qatar, and amendment. pose and according to USAID’s Office the United Arab Emirates combined. The amendment (No. 3605) was agreed of Foreign Disaster Assistance it was This very bill we are considering in- to. extremely helpful. cludes $348 million for more base con- Mr. COCHRAN. Mr. President, I move The situation this year is no less struction. This begs the question, if the to reconsider the vote. dire. Additional funding for famine and U.S. Government doesn’t plan to oc- Mrs. MURRAY. I move to lay that disaster assistance is required for the cupy Iraq for any longer than nec- motion on the table. Horn of Africa where 15 million people essary, why are we spending billions of The motion to lay on the table was are at risk and an additional 8 million dollars to add onto and build more agreed to. people in Ethiopia, Kenya, and Somalia bases? AMENDMENT NO. 3657 face severe food and water shortages. At the end of March, Brigadier Gen- To put it another way, they are going eral Mark Kimmitt said, and I agree, Mr. COCHRAN. Mr. President, I call up amendment No. 3657 on behalf of to die if we and others don’t do more to that ‘‘we must . . . show that we will help them. Senator LEAHY and others regarding not become a permanent force of occu- In Ethiopia alone, more than 740,000 pation . . .’’. Last month, Secretary of international disaster and famine as- sistance and hurricane relief. people urgently need water, and more State Condoleezza Rice conceded that than 1.5 million children under five re- the Bush administration had probably The PRESIDING OFFICER. The clerk will report. quire immunizations against disease. made ‘‘thousands’’ of ‘‘tactical errors’’ The shortfall in this account also The assistant legislative clerk read in Iraq. Let’s not compound the prob- threatens to jeopardize USAID’s re- as follows: lem by establishing permanent bases in sponse to other emergencies in Africa. Iraq. The Senator from Mississippi [Mr. COCH- Humanitarian programs in Uganda, the I say it again: if we are serious about RAN], for Mr. LEAHY and Mr. DURBIN, pro- poses an amendment numbered 3657. Democratic Republic of Congo, Bu- finding ways to neutralize the insidious rundi, and Cote d’Ivoire face cuts in insurgency in Iraq, we must convince Mr. COCHRAN. Mr. President, I ask funding despite worsening cir- the rest of the world—especially the unanimous consent that further read- cumstances. Muslim world—that we do not intend ing of the amendment be dispensed In Cote d’Ivoire, 500,000 internally to remain in Iraq indefinitely. Approv- with. displaced persons face growing hard- ing the amendment offered by the sen- The PRESIDING OFFICER. Without ship and insecurity. USAID does not ior Senator from Delaware will help us objection, it is so ordered. have the resources to respond to the in- send that message. Therefore, I urge The amendment is as follows: creased needs of vulnerable people, es- my colleagues to support the Biden (Purpose: To address a shortfall in funding pecially women, and children. amendment to prohibit the United for international disaster and famine as- The situation in these countries is States from building permanent mili- sistance) worse than pitiful. This amendment tary bases in Iraq. On page 118, line 7, strike ‘‘$136,290,000’’ and will not solve the problem, but it will I yield the floor. insert in lieu thereof ‘‘$171,290,000’’. save lives and help prevent the situa- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3657, AS MODIFIED tion from getting even worse. It is ator from Mississippi is recognized. Mr. COCHRAN. Mr. President, I send what we need to do to give the relief Mr. COCHRAN. Mr. President, there a modification to the desk. are two amendments that have been workers who are trying to get food, The PRESIDING OFFICER. Is there water and shelter to these people the cleared for consideration by the Sen- objection to the modification? ate. resources they need. Without objection, the amendment is Mr. President, the devastation AMENDMENT NO. 3605 so modified. caused by Hurricane Stan did not re- Mr. President, I ask unanimous con- The amendment (No. 3657), as modi- ceive the attention that it should have sent that it be in order to call up and fied, is as follows: by the Congress. That was partly be- consider amendment No. 3605 on behalf (Purpose: To address a shortfall in funding cause it was overshadowed by the ter- of Mr. LOTT regarding Armed Forces for international disaster and famine as- rible earthquake in Pakistan and by retirement home. sistance and for hurricane relief) The PRESIDING OFFICER. Is there Hurricane Katrina. On page 118, line 7, strike ‘‘$136,290,000’’ and Whole villages in Guatemala were objection? insert in lieu thereof ‘‘$171,290,000’’. buried by some 900 mudslides, 670 peo- Without objection, it is so ordered. On page 117, line 25, strike ‘‘$10,500,000’’ and The clerk will report. ple died, 845 are missing, and 475,000 insert in lieu thereof ‘‘$22,500,000’’. were directly affected. Many of them The assistant legislative clerk read On page 117, line 26, after ‘‘That’’ insert the as follows: following: lost their homes, their property and The Senator from Mississippi [Mr. COCH- of the funds appropriated under this head- their livelihoods as a result of Hurri- RAN], for Mr. LOTT, proposes an amendment ing, $12,000,000 shall be made available for as- cane Stan. Most of the destruction oc- numbered 3605. sistance for Guatemala for relief and recon- curred in one of the poorest parts of

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3964 CONGRESSIONAL RECORD — SENATE May 3, 2006 the country which is the source of the Now, it finally sees some hope, but The question is on agreeing to the majority of Guatemalan immigrants to there are 2 million displaced people amendment. the United States. Yet so far we have there. The clerk will call the roll. contributed only a few million dollars. The Democratic Republic of Congo The assistant legislative clerk called My amendment provides an addi- has long been called one of the world’s the roll. tional $12 million for assistance for most neglected emergencies. Let’s Mr. MCCONNELL. The following Sen- Guatemala for relief and reconstruc- change that. ator was necessarily absent: the Sen- tion activities related to Hurricane The situation in the DRC is just one ator from Utah (Mr. HATCH). Stan. It is not as much as I wish we of the humanitarian crises that cur- Mr. DURBIN. I announce that the could provide, but I know that it will rently plague the continent of Africa. Senator from West Virginia (Mr. help address the most urgent needs of But we can make a difference. We ROCKEFELLER) is necessarily absent. people who are trying to rebuild their must not cut our disaster assistance to The PRESIDING OFFICER. Are there lives. countries like the Congo in half. any other Senators in the Chamber de- I want to thank Senator MCCONNELL That kind of cut undermines every- siring to vote? for agreeing to accept this amendment. thing we have been trying to do. It The result was announced—yeas 37, Mr. DURBIN. Mr. President, I rise in would be a strategic mistake and a nays 61, as follows: support of the amendment being of- moral failure. [Rollcall Vote No. 108 Leg.] fered by my colleague from Vermont to I call on my colleagues to support YEAS—37 provide much-needed emergency assist- this additional emergency aid offered Alexander DeWine McCain ance to sub-Saharan Africa and else- by the Leahy amendment. Allen Ensign McConnell where through the Office of Foreign These supplemental funds are ur- Bingaman Enzi Murkowski Brownback Feingold Disaster Assistance. gently needed and they will go a long Nelson (NE) Bunning Frist Santorum Specifically, his amendment, which I way toward providing relief to the mil- Burr Graham Sessions am proud to cosponsor, would increase lions of Africans and others in the Carper Gregg Snowe humanitarian aid funds by $35 million. Chafee Hagel Sununu world who find themselves facing abso- Coburn Inhofe Thomas The amendment has also now been lutely dire circumstances. Collins Isakson Voinovich modified to provide $12 million for hur- Cornyn Kyl Mr. COCHRAN. Mr. President, this Warner ricane relief assistance to Guatemala, amendment is offset by a reduction in Craig Lieberman DeMint Lugar which I also support. foreign economic assistance. This supplemental is intended to The PRESIDING OFFICER. Is there NAYS—61 meet emergencies. Well, many coun- further debate? The question is—— Akaka Dorgan Murray tries in Africa especially face dire Mr. ENSIGN. Mr. President, reserv- Allard Durbin Nelson (FL) emergencies, and the money provided Baucus Feinstein Obama ing the right to object. Bayh in the Leahy amendment is desperately Grassley Pryor The PRESIDING OFFICER. The Sen- Bennett Harkin Reed needed. ator from Nevada reserves the right to Biden Hutchison Reid The United Nations reports that object. Bond Inouye Roberts more than 8 million people are facing a Boxer Jeffords Salazar Mr. ENSIGN. Mr. President, may I Burns Johnson Sarbanes food crisis in the Horn of Africa—2 mil- ask the chairman of the committee, is Byrd Kennedy Schumer lion people in Ethiopia alone are facing this an increase in funding in this bill? Cantwell Kerry Chambliss Kohl Shelby critical food shortages. Mr. COCHRAN. No, it is not. If the Smith The world has waited too long before, Clinton Landrieu Senator will yield, as I understand it, Cochran Lautenberg Specter to respond to crises in Ethiopia and it shifts funds from a foreign economic Coleman Leahy Stabenow elsewhere. Let’s act now and not wait assistance account to an account to Conrad Levin Stevens for the television cameras to jar us Crapo Lincoln Talent provide disaster assistance in Guate- Dayton Lott Thune into action. mala for damages and expenses sus- Dodd Martinez Vitter The Bush administration has not re- tained in a hurricane. Dole Menendez Wyden quested additional funds in the supple- Mr. ENSIGN. So this is no net in- Domenici Mikulski mental bill to meet this mounting cri- crease in spending in the bill? NOT VOTING—2 sis, despite the fact that conditions in Mr. COCHRAN. My reading is that it Hatch Rockefeller the region have worsened considerably transfers money from a foreign eco- The amendment (No. 3616) was re- in recent months. nomic assistance account to one that Other regions are also facing emer- jected. provides disaster assistance for dam- Mrs. MURRAY. Mr. President, I gency situations, most notably West ages sustained in Guatemala as a re- Africa, the Great Lakes region, and move to reconsider the vote, and I sult of a hurricane—Hurricane Stan I move to lay that motion on the table. Chad. think was the name of it. And yet, in spite of these growing The motion to lay on the table was Mr. ENSIGN. I have no objection. needs, the Office of Foreign Disaster agreed to. The PRESIDING OFFICER. Is there Assistance faces the prospect of having Mr. COCHRAN. Mr. President, I sug- further debate? to slash the budgets of lifesaving pro- gest the absence of a quorum. The question is on agreeing to the grams. The PRESIDING OFFICER (Mr. MAR- amendment. I want to focus on one example: the TINEZ). The clerk will call the roll. The amendment (No. 3657), as modi- Democratic Republic of Congo. The assistant legislative clerk pro- I am told that in the Democratic Re- fied, was agreed to. ceeded to call the roll. public of Congo, critical U.S. assist- Mr. COCHRAN. Mr. President, I move Mr. LAUTENBERG. Mr. President, I ance budgets for this year may be cut to reconsider the vote. ask unanimous consent that the order in half. Mrs. MURRAY. I move to lay that for the quorum call be rescinded. In December, I visited the DRC, and motion on the table. The PRESIDING OFFICER (Mr. I have to tell you, it is hard to imagine The motion to lay on the table was COBURN). Without objection, it is so or- a place in greater need. agreed to. dered. However, budgetary pressures are Mr. COCHRAN. Mr. President, I am GASOLINE PRICES forcing U.S. programs in the DRC to advised that we are now prepared to go Mr. LAUTENBERG. Mr. President, collapse the depth and breadth of their to a vote on the McCain amendment. today, life in America is tough. People efforts. For that purpose, I ask for the regular are working very hard to make ends This means cutting food security pro- order. meet. In so many cases, families have grams, clean water, maternal and child AMENDMENT NO. 3616 to earn two incomes to meet their health care programs, and other efforts The PRESIDING OFFICER. The basic needs: mom working one shift, to address fundamental human needs. McCain amendment No. 3616 is now dad working another shift. The DRC has been wracked by war pending. The yeas and nays were pre- It is a mystery to me, and I am sure for years. viously ordered on the amendment. it is to so many people in our country,

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3965 how it is that the inflation index is so ing; $100 is not going to do anything as spiked well past $2 a gallon, the Saudi modest when everything costs more, long as the Republican Party is a sub- ruler visited the President at his ranch whether it is milk, whether it is elec- sidiary of big oil. in Texas. What we saw was not the tric, whether it is housing, whether it Here is an example. To pay for the President getting tough but, instead, is prescription drugs, whether it is $100 rebates, the Republican Party, the being very friendly, strolling through a school, whether it is college and uni- Republican majority said they will flower garden with the Saudi leader. It versity tuition. close tax loopholes that oil companies looked like a friendly gathering, not a I am reluctant to talk about my age, enjoy. But the oil companies said: Wait tough negotiation. but since the days the distinguished a minute, don’t get tough with us. So Then, last week, President Bush’s chairman of the Committee on Appro- today we hear the Republicans have Energy Secretary traveled to an OPEC priations and I were in college, the tui- backed off that plan, holding their nation in the Middle East and praised tions have become such an expensive heads in wonderment like scolded the oil cartel. And this week, with the proportion of a family’s income that it schoolchildren. Saudi Oil Minister here in DC, the ad- is hard to imagine how working people We all know about the obscene re- ministration is putting down the red can get their kids into college and not tirement package that former carpet and telling the Saudis and OPEC have them drowning in debt by the ExxonMobil CEO Lee Raymond re- what a great job they do. time they finish. ceived. His retirement package—get What the President should do is tell That is life in America today. No this—was almost $400 million. When the Saudis, point blank: Disband your matter where you turn, it costs more. they recalculated his earnings over the OPEC cartel or we will file a complaint Look at ball game tickets. Look at period of time he served, his average against you in the World Trade Organi- theater tickets. Look at the pleasant income was $145,000 each and every zation. amenities, see how much they cost, and day. How many people in this country Under international law, OPEC is an one can understand why few people can earn over $145,000 a year, no less per illegal cartel aimed at keeping oil afford to take advantage of these day? It is incomprehensible. And the prices high. We need to force the things. As a consequence, most Ameri- public has been justifiably outraged by Saudis and their friends to play by the cans agree that this Nation is headed this outlandish compensation package rules. And that means no cartel. For- in the wrong direction. Who can blame at the expense of the American people. get about it. Listen to what the now-ExxonMobil them? Mr. President, I say this: The next We saw the Government’s bungling CEO Rex Tillerson said on the ‘‘Today time the Saudis or one of the countries and ineptitude in response to Hurri- Show’’ this morning. I heard it. He was in the cartel has a problem with a bel- cane Katrina. The administration’s asked if his company would offer his ligerent neighbor, they should not dial missteps in Iraq are costing Americans fellow Americans some relief this sum- 911 because there will not be anybody dearly in lives and dollars, and gasoline mer and discount gasoline prices. His to answer that phone, not if they con- prices are out of control. answer was: ‘‘We are in the business to tinue the pattern of behavior they have Gas prices have gone through the make money.’’ He said that was his started. roof. This chart shows in December of job. 2001, President Bush’s first year in of- I was CEO of a pretty big company, To the President: The American peo- fice, the national average price of gas and I understand the business world. ple have had enough. They want a was $1.06 for regular gas, $1.25 for su- But when you deal in a commodity you change in leadership in this country. preme gas. Now we are at a much dif- have to be cognizant of your ethical We need leaders who will stand up to ferent point, $1.06 for regular has gone and civic responsibilities to your coun- the Saudis and the big oil companies. to $2.92, almost a $1.85 increase in the try. Gasoline is not some run-of-the- It is one of the only ways we can get price. That is almost a 200-percent mill product. It is vital to our entire oil and gasoline prices under control. jump in price from 2001 when supreme society. It is critical. ExxonMobil is We have to hunt for other sources of was $1.25. Supreme now is $3.07. part of the American community and energy, for other ways to use the en- It is unconscionable. The American its neighbors are suffering. Businesses ergy. We are seeing it now in hybrid people are upset. Members are receiv- and American families are having real cars. We are seeing now that in Brazil ing e-mail messages, phone calls. Our problems just affording gasoline. There almost 75 percent of the people there constituents will tell Members what are families who may decide not to go are using an ethanol mixture, saving they think of these prices. to the doctor this week for a sick child. substantial—substantial—amounts of Gas prices were low in 2001 when two They may postpone it. Small busi- oil. And we have to be creative. We oil men in the White House got to- nesses are losing lots of money with have the genius in this country. Why gether with their friends and the oil in- higher fuel costs. don’t we turn it loose and make sure dustry. They convened a secret task Big oil needs to recognize the impact they have the incentives, the economic force to develop an energy policy. Then their commodity has on everyday incentives, the market incentives to do our friends, the Republicans in the Americans’ lives. Mr. Tillerson, the those things that can save oil? Congress, passed the so-called Energy CEO of ExxonMobil, needs to under- I do not hear anybody saying, I do bill which was mostly a bunch of giant stand their special role in our func- not hear the President of the United tax breaks for big oil and the wealthi- tioning as a society. States saying—and I have not heard it est among us. They did not construct And the Bush administration needs in a long time—join in the sacrifice. that, but that is what happened. to stop acting helpless. President Bush We are at war. Join in conservation. What is the result of all this work by and Vice President CHENEY often say: We do not have enough. Help this coun- the Bush-Cheney administration and There is not much we can do about try get through this crisis. And let the the Republican majority in the Con- high gasoline prices. I do not see it oil companies know the American peo- gress? The average price of gasoline that way. There are things they can do. ple are in charge, not they. But that this week, as I said, is $2.92 for the low- There is something we can do here. message is not sounded. The alarm is est octane. We can get tough with the Saudis and not rung. And that is the way life is What is the Republican answer to get rid of their OPEC cartel. The OPEC here. this problem? How about this: Give ev- oil cartel has one purpose—to keep oil I make this plea to the President of eryone a $100 tax rebate. Whoopee. prices high by restricting exports or the United States and colleagues here: What a celebration, 100 bucks. If you output. Their activity is a blatant vio- Step up to the plate. Really take an ac- have a 20-gallon tank in your car, you lation of the GATT agreement, the tion to get that price reduced and not get 2.5 fills before using your $100. In General Agreement on Tariffs and be satisfied with excuses like: Oh, that fact, the average family cost in gaso- Trade. is the marketplace. Baloney; that is line today is up $1,800. Everyone knows Not only is the President not getting what the American people will tell you. this is a silly idea when they hear it. tough with the Saudis, the administra- They do not want to drain their lim- With gasoline prices at this rate, what tion is pandering to them. A year ago, ited resources out the window by these is $100 going to do? Practically noth- when gasoline prices had already outrageous prices for gasoline.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3966 CONGRESSIONAL RECORD — SENATE May 3, 2006 We have to work together. But the During the continuous storm event, and tore away homes and blocked off only way we are going to work to- excessive amounts of water from the the north side of the island, hampering gether is if there is some concerted surrounding area infiltrated into the emergency services and assistance. In leadership that says: Hey, we have to pipe, and homeowners discharged addition, floodwaters from the res- get on to this problem, and not pretend storm water into the sewer system. ervoir compromised the downstream this problem will kind of go away by High bacterial levels exceeded the rec- reservoir, which public officials have itself. reational water quality standards and now declared unstable and dangerous. With that, I yield the floor. the State Department of Health re- These two reservoirs were built in the The PRESIDING OFFICER. The Sen- quired beaches to be closed. 1890s. ator from Hawaii. Mr. President, I hope the Senate will As a result of this failure, the only Mr. INOUYE. Mr. President, I ask approve this amendment. I urge the access to the northern part of the is- unanimous consent to set aside the adoption of the proposed amendment. land sustained severe damage to the pending amendment. The PRESIDING OFFICER. The Sen- roadway, embankments, culverts, The PRESIDING OFFICER. Without ator from Mississippi is recognized. guardrails, and other structures. This objection, it is so ordered. Mr. COCHRAN. Mr. President, I have damage was so great that the highway AMENDMENT NO. 3601 been advised that the Senator from Ar- was shut down for over a week. Mr. INOUYE. Mr. President, I call up izona, Mr. MCCAIN, wants to speak on The emergency supplemental already amendment No. 3601 and ask for its im- the amendment and is on his way to includes $500,000 for the U.S. Geological mediate consideration. the floor to do so. So awaiting his ar- Survey’s Hydrologic Networks and The PRESIDING OFFICER. The rival, I suggest the absence of a Analysis Program for assistance in clerk will report. quorum. conducting assessments of critical res- The legislative clerk read as follows: The PRESIDING OFFICER. The ervoirs and dams. clerk will call the roll. This amendment asks for an addi- The Senator from Hawaii [Mr. INOUYE] pro- poses an amendment numbered 3601. The legislative clerk proceeded to tional $900,000, which would make it call the roll. possible for the evaluation of critical Mr. INOUYE. Mr. President, I ask Mr. INOUYE. Mr. President, I ask reservoirs and dams throughout the unanimous consent that reading of the unanimous consent that the order for State of Hawaii. I urge the adoption of amendment be dispensed with. the quorum call be rescinded. this proposed amendment. It has been The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cleared by the Parliamentarian as objection, it is so ordered. objection, it is so ordered. being germane. The amendment is as follows: Mr. INOUYE. Mr. President, I ask Mr. AKAKA. Mr. President, I rise to (Purpose: To provide assistance relating to unanimous consent that the pending speak in favor of the amendments of- assessments and monitoring of waters in amendment be set aside. fered by my colleague, the senior Sen- the State of Hawaii) The PRESIDING OFFICER. Is there ator from Hawaii, DAN INOUYE, to the On page 253, between lines 19 and 20, insert objection? fiscal year 2007 supplemental appro- the following: Without objection, it is so ordered. priations bill, H.R. 4939. I ask that I be ENVIRONMENTAL PROTECTION AGENCY AMENDMENT NO. 3673 included as a cosponsor of both amend- SEC. 7032. For an additional amount for Mr. INOUYE. Mr. President, I call up ments. ‘‘Environmental Programs and Manage- for its immediate consideration amend- I believe that we, as government ment’’, $1,000,000, to remain available until ment No. 3673. leaders, should continue to provide expended, for assistance relating to assess- ments and monitoring of waters in the State The PRESIDING OFFICER. The whatever forms of assistance are nec- of Hawaii; Provided, That the amount pro- clerk will report. essary to help the men, women, and vided under this heading is designated as an The legislative clerk read as follows: children left devastated by natural dis- emergency requirement pursuant to section The Senator from Hawaii [Mr. INOUYE] pro- asters such as Hurricane Katrina and 402 of H. Con. Res. 95 (109th Congress), the poses an amendment numbered 3673. severe flooding that recently marred concurrent resolution on the budget for fis- Mr. INOUYE. Mr. President, I ask the islands of Kauai and Oahu in my cal year 2006. unanimous consent that reading of the home State of Hawaii. Although the Mr. INOUYE. Mr. President, this amendment be dispensed with. immediate crises have passed, the long amendment has been cleared by the The PRESIDING OFFICER. Without process of recovery has just begun. Parliamentarian as being germane. It objection, it is so ordered. Now, more than ever, we need to sup- has been discussed with the leadership The amendment is as follows: port the efforts of those engaged in the of the committee. (Purpose: To increase funds made available process of rebuilding their commu- It provides $1 million to the Environ- for assessments of critical reservoirs and nities. mental Protection Agency for assist- dams in the State of Hawaii) I am pleased to see that the Senate ance relating to assessments and moni- On page 246, line 1, strike ‘‘$500,000’’ and all Appropriations Committee has in- toring of waters in the State of Hawaii. that follows through line 8 and insert cluded $33.5 million in the emergency As some may be aware, the State of ‘‘$1,400,000, to remain available until ex- supplemental for disaster assistance in Hawaii sustained extraordinarily heavy pended, for assistance with assessments of Kauai and Windward Oahu, and $6 mil- rains and flooding for more than 40 critical reservoirs and dams in the State of lion for sugarcane growers in Hawaii Hawaii, including the monitoring of dam days and 40 nights, beginning February structures: Provided, That the amount pro- whose crops were destroyed by the 20, 2006, devastating many families and vided under this heading is designated as an floods earlier this spring. These funds destroying public and private property. emergency requirement pursuant to section will provide a great deal of assistance Unfortunately, on March 24, during 402 of H. Con. Res. 95 (109th Congress), the to the citizens of my home State as this deluge, a Waikiki sewer line rup- concurrent resolution on the budget for fis- they work to repair the damage to tured, sending more than 48 million cal year 2006.’’. their homes and businesses. gallons of raw sewage into the Ala Wai Mr. INOUYE. Mr. President, as I However, as my colleague eloquently Canal, closing popular beaches in noted earlier, heavy rains, for more explained, we need to go further. His Waikiki. than 40 days and 40 nights, devastated first amendment would provide $1.4 The water quality of other beaches many families and destroyed public million to assess the security and safe- and streams on the Island of Oahu was and private property in the State of ty of critical reservoirs and dams in severely impacted by the sustained Hawaii. Hawaii, including monitoring dam heavy rains that caused sewer over- On the Island of Kauai, besides the structures. This funding is crucial be- flows and runoff of tremendous serious damage to agricultural oper- cause the failure of Kaloko Dam on amounts of sediment and pollutants. ations in these areas, the intensity and Kauai led to the severe flooding and Sewer systems are designed to handle sustained nature of these storms loss of life. The other Inouye amend- wastewater and very small amounts of caused a breach of two important res- ment would provide $1 million for envi- storm water that infiltrates into the ervoirs. A breach sent water and debris ronmental monitoring of waters in and pipe system. downstream at about 25 miles per hour around Hawaii.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3967 In March, I visited the hardest hit ment of critical reservoirs and dams in Sununu Thune Voinovich areas of our State and met with vic- the State of Hawaii. I know something Talent Vitter Warner tims, emergency responders, and State about that. We have a few reservoirs NOT VOTING—4 officials. The situation for many of our and dams in my State. I have yet to see Carper Rockefeller residents is very grave. With hundreds an emergency that had to do with the Hatch Thomas of homes and businesses damaged or war in Iraq and hurricanes that re- The amendment (No. 3673) was re- destroyed, critical infrastructure crip- quired that, but we are going to give jected. pled, and days of search and rescue ac- them another $900,000. The sad thing Mr. COCHRAN. I move to reconsider tivities, the resources of our State about this is, they will probably get it. the vote. have been severely strained. Hawaii I am going to force a recorded vote on Mr. ALLARD. I move to lay that mo- needs Federal assistance to recover both of these amendments, but they tion on the table. from the effects of the flooding, includ- will probably get it. Then in con- The motion to lay on the table was ing restoring critical roadways, helping ference, there will be more money for agreed to. farmers to salvage crops, and inspect- Hawaii. And then in the next appro- The PRESIDING OFFICER. The mi- ing and repairing faulty dams and flood priations bill, there will be more nority leader. control systems. It is clear that Hawaii money for Hawaii. Mr. REID. Mr. President, I ask unan- imous consent that I be allowed to will not be able to mitigate the dam- My constituents live in Arizona. A speak for up to 10 minutes. ages in the near future and that long- lot of us are getting sick and tired of The PRESIDING OFFICER. Is there term recovery efforts will require Fed- this—sick and tired, sick and tired. objection? eral assistance. I ask unanimous consent to ask for Mr. MCCAIN. I object. What is the As my friend indicated, President the yeas and nays on both amendments regular order? Bush yesterday declared a major dis- and separate votes. Mr. REID. I will use leader time, aster for Hawaii triggering the release The PRESIDING OFFICER. Is there then, Mr. President. of Federal funds to help the people and objection to a request for the yeas and The PRESIDING OFFICER. The Sen- communities recover. I stand in strong nays on both amendments at this time? ator may use his leader time. support of Senator INOUYE’s amend- Without objection, it is in order to so Mr. MCCAIN. Reserving the right to ments. request. object, why can’t we go on with the The PRESIDING OFFICER. The Sen- Is there a sufficient second? next vote, the regular order, I ask the ator from Mississippi. There appears to be a sufficient sec- distinguished Democratic leader? Mr. COCHRAN. Mr. President, I am ond. Mr. REID. Mr. President, I have the advised that the Senator from Arizona Is there further debate on amend- floor. also wants to speak to the amendment ment No. 3673? If not, the question is The PRESIDING OFFICER. The that has just been offered. So unless on agreeing to amendment No. 3673. Democratic leader has the floor. there is someone else who seeks rec- The clerk will call the roll. Mr. REID. Mr. President, I have been ognition at this time, I suggest the ab- The legislative clerk called the roll. in the Senate a couple of decades, and sence of a quorum. Mr. MCCONNELL. The following Sen- I have grown very fond of many people. The PRESIDING OFFICER. The ators were necessarily absent: the Sen- There is no one in the Senate for whom clerk will call the roll. ator from Utah (Mr. HATCH) and the I don’t have high affection. But I have The legislative clerk proceeded to Senator from Wyoming (Mr. THOMAS). to say at the top of the list is a person call the roll. Mr. DURBIN. I announce that the whom I revere, a man by the name of Mr. MCCAIN. Mr. President, I ask Senator from Delaware (Mr. CARPER) DAN INOUYE from Hawaii. unanimous consent that the order for and the Senator from West Virginia Here is a man who has devoted his the quorum call be rescinded. (Mr. ROCKEFELLER) are necessarily ab- life to our country, and for someone to The PRESIDING OFFICER. Without sent. come on the Senate floor—even though objection, it is so ordered. The PRESIDING OFFICER (Mr. MAR- the person doing that is my friend—and Mr. MCCAIN. Mr. President, I TINEZ). Are there any other Senators in say what I believe are abusive things thought maybe we had done enough the Chamber desiring to vote? about DAN INOUYE is offensive to me pork barreling for one bill, but appar- The result was announced—yeas 43, and I think should be to the rest of the ently there is never enough around nays 53, as follows: Senate. here, never enough. I would ask the This is a bill which is extremely im- Senator from Hawaii, when is it [Rollcall Vote No. 109 Leg.] portant to our country. It is an emer- enough? Another $1.9 million, that is YEAS—43 gency appropriations bill. Most of the all, just $1.9 million. We are already, Akaka Harkin Murkowski money in this bill goes to the wars in for hurricane recovery, $7.7 billion Baucus Inouye Murray Bayh Jeffords Iraq and Afghanistan and rightfully so. above the President’s request; emer- Nelson (FL) Biden Johnson Obama But there are other emergencies that gency agricultural disaster assistance, Bingaman Kennedy Pryor come up from time to time. The dis- $3.9 billion above the President’s re- Boxer Kerry Reed aster of Katrina was an emergency, but Byrd Kohl quest; drought emergency assistance, Reid there are acts of God that take place. Cantwell Landrieu Salazar $12.5 million; port security enhance- Clinton Lautenberg One such act of God took place in Ha- Sarbanes Conrad Leahy ment, $650 million; general provisions, Schumer waii on the island of Kauai. Rains Dayton Levin $36 million. It goes on and on and on. Stabenow lasted for 40 days and 40 nights, dev- Dodd Lieberman We are going to do something else for Dorgan Lincoln Stevens astating that little island, but in par- the State of Hawaii so we can win the Durbin Menendez Wyden ticular it broke a reservoir, killing war in Iraq and so we can respond to Feinstein Mikulski seven people. Seven people are dead. the hurricanes. One of these amend- NAYS—53 Senator INOUYE came to this Cham- ments is to provide assistance relating Alexander Craig Isakson ber and offered an amendment to have to assessments and monitoring of Allard Crapo Kyl an emergency appropriation part of waters in the State of Hawaii—a mil- Allen DeMint Lott this bill. That is what it is. lion bucks for assistance relating to as- Bennett DeWine Lugar For my friend, the distinguished Sen- Bond Dole sessments and monitoring of the Martinez ator from Arizona, about whom we all Brownback Domenici McCain waters in the State of Hawaii, provided Bunning Ensign McConnell care, to come and say to Senator that the amount under this is des- Burns Enzi Nelson (NE) INOUYE, ‘‘Have you no shame?’’ ‘‘Have Burr Feingold Roberts ignated an emergency requirement. Chafee Frist you no shame?’’—to DAN INOUYE, a Santorum What is it that is going on in the Chambliss Graham Congressional Medal of Honor recipi- Sessions Coburn Grassley ent, on whom our country has bestowed waters of Hawaii that designates it as Shelby an emergency? Cochran Gregg the highest medal that can be given to Coleman Hagel Smith Then we have a $900,000 earmark, all Collins Hutchison Snowe a person in the U.S. military for her- for Hawaii, for assistance with assess- Cornyn Inhofe Specter oism. ‘‘Have you no shame?’’ DAN

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3968 CONGRESSIONAL RECORD — SENATE May 3, 2006 INOUYE? The President declared that 40 Mr. MCCAIN. I ask unanimous con- $54 billion in potential rescissions that days and 40 nights in Hawaii a Presi- sent to speak for 2 minutes as in morn- I bet we could agree on $10 billion or dential declaration of an emergency. ing business. $11 billion of if everybody knew the Senator DAN INOUYE was doing his job, The PRESIDING OFFICER. Without facts or the details. But we didn’t do as any one of us would do if we had tor- objection, it is so ordered. that. We didn’t ask the Appropriations rential rains hitting our States. Mr. MCCAIN. Mr. President, I would Committee to do that. It was not asked We know how strongly JOHN MCCAIN like to say that Senator INOUYE and I of them to do that. It is not their fault. feels about issues dealing with appro- have been friends for many years. I be- They weren’t asked to do it. That is priations, but this is beyond the pale. lieve the process we are doing—obvi- the question the American people This is beyond the pale to say to DAN ously, when I see billions and billions ought to be asking. Where is the over- INOUYE: ‘‘Have you no shame?’’ of dollars added to an emergency sup- sight to see if everything is running I yield the floor. plemental—is inappropriate and, of well? AMENDMENT NO. 3601 course, I in no way would want to—in If you ask the American people: Do The PRESIDING OFFICER (Mr. no manner would I want to offend my you think the Federal Government is COBURN). The question is on agreeing friend, Mr. INOUYE. If my remarks did efficient, there is not going to be 1 or to amendment No. 3601 offered by the so, I apologize for doing so. 2 percent that will say yes. If you ask Senator from Hawaii. The yeas and I yield the floor. the American people: Do you think we nays have been ordered. The clerk will The PRESIDING OFFICER. Who could do it more efficiently for less call the roll. seeks time? money, the vast majority of the Amer- The assistant legislative clerk called Mr. COCHRAN. Mr. President, I sug- ican people would agree with that. And the roll. gest the absence of a quorum. that is probably true. If you ask Fed- Mr. MCCONNELL. The following Sen- The PRESIDING OFFICER. The eral employees, they will tell you that, ators were necessarily absent: the Sen- clerk will call the roll. too. The legislative clerk proceeded to ator from Utah (Mr. HATCH) and the The question is, Why are we not call the roll. Senator from Wyoming (Mr. THOMAS). doing it when we are spending money Mr. DURBIN. I announce that the Mr. COBURN. Mr. President, I ask we don’t have? We ought to think unanimous consent the order for the Senator from Delaware (Mr. CARPER) about this the next time an emergency and the Senator from West Virginia quorum call be rescinded. supplemental comes around. We ought The PRESIDING OFFICER (Mr. (Mr. ROCKEFELLER) are necessarily ab- to make an effort to find the offsets, MCCAIN). Without objection, it is so or- sent. and we ought to work together across dered. The PRESIDING OFFICER. Are there party lines to say how do we secure the Mr. COBURN. Mr. President, I ask any other Senators in the Chamber de- things we want. Some of those are dif- unanimous consent to speak for 10 min- siring to vote? ferent. If you are liberal or conserv- utes as in morning business. The result was announced—yeas 51, ative, you may want different things. The PRESIDING OFFICER. Is there nays 45, as follows: But if you are going to secure the fu- objection? Without objection, it is so ture for those programs that help indi- [Rollcall Vote No. 110 Leg.] ordered. YEAS—51 viduals and go a long way in securing The Senator from Oklahoma is recog- what we need to do to make sure peo- Akaka Durbin Mikulski nized for 10 minutes. Baucus Feinstein Murkowski ple have an honest, even start in this Bayh Harkin Murray OFFSETTING FUTURE SPENDING country, things that are valuable in Bennett Hutchison Nelson (FL) Mr. COBURN. Mr. President, we are that regard—whether it be the Food Biden Inouye Obama wrapping up the debate. It is finished Bingaman Jeffords Pryor Stamp Program or Head Start or some- Boxer Johnson Reed on this bill, and we are going to have thing like that—we are going to run Burns Kennedy Reid votes in the morning. out of money for those. Byrd Kerry Salazar I think we need to ask some ques- In 9 short years, 81 percent of our Cantwell Kohl Sarbanes tions. We have a supplemental bill. Re- Clinton Landrieu Schumer budget is going to be consumed by Cochran Lautenberg Specter gardless of the amount of it, it is here. Medicare, Medicaid, Social Security, Conrad Leahy Stabenow I think there is a real question in the and interest. We should have the dis- Dayton Levin Stevens country, and there should be a real Dodd Lieberman Voinovich cipline to start now to make the sig- Domenici Lincoln Warner question for us, on why we are doing a nificant changes that we need to make Dorgan Menendez Wyden supplemental bill on the war which we to be able to handle that emergency know is happening, and also on NAYS—45 that is coming. The real emergency is projects associated with Katrina and Alexander DeMint Lugar not right now. The emergency is going Allard DeWine Martinez Rita that we know are going to come to happen starting in 2009. Allen Dole McCain through the authorization and the ap- I just ask that we look at that and Bond Ensign McConnell propriations process. I think we need think about it. How do we answer to Brownback Enzi Nelson (NE) to look at that as a Congress and say Bunning Feingold Roberts the American public that we didn’t try Burr Frist Santorum why are we doing that, and be very to trim any other type of spending as Chafee Graham Sessions honest about why we are doing it. we spend $104 billion? Chambliss Grassley Shelby The second point I would make is, in With that, I yield the floor. Coburn Gregg Smith emergency legislation we have a lot of Coleman Hagel Snowe The PRESIDING OFFICER (Mr. Collins Inhofe Sununu things that really aren’t emergencies. I COBURN). Who seeks recognition? Cornyn Isakson Talent think we as a body ought to look at Mrs. MURRAY. Mr. President, I sug- Craig Kyl Thune that and use self-discipline. Crapo Lott Vitter gest the absence of a quorum. But the third point is, and this is the The PRESIDING OFFICER. The NOT VOTING—4 one I think the American people are clerk will call the roll. Carper Rockefeller asking, we have a bill out here that is The assistant legislative clerk pro- Hatch Thomas going to spend somewhere between $94 ceeded to call the roll. The amendment (No. 3601) was agreed billion and $108 billion of taxpayers’ Mr. VITTER. Mr. President, I ask to. money, and there was no attempt unanimous consent that the order for Mr. COCHRAN. Mr. President, I move whatsoever to offset this spending— the quorum call be dispensed with. to reconsider the vote. nothing. There were attempts on the The PRESIDING OFFICER. Without Mrs. MURRAY. I move to lay that floor to change it, but there was no at- objection, it is so ordered. motion on the table. tempt to do a rescissions bill. There Mr. VITTER. Mr. President, I ask The motion to lay on the table was was no attempt to look at the things unanimous consent to call up amend- agreed to. where we know there is wasteful spend- ment No. 3819. The PRESIDING OFFICER. The Sen- ing. There was no attempt to look at The PRESIDING OFFICER. Is there ator from Arizona. some of these things. This is a list of objection?

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3969 Mrs. MURRAY. Mr. President, I ob- Mr. KOHL. The supplemental appro- However, I would like to point out to ject. priations bill now pending before the my colleagues that the energy costs of The PRESIDING OFFICER. Objec- Senate includes nearly $4 billion in dairy producers, as described by the tion is heard. emergency agriculture assistance. This USDA Office of the Chief Economist, Mr. VITTER. Mr. President, I yield assistance is necessary for farmers and was $2.2 billion. While dairy production the floor. ranchers to recover from natural disas- was not the highest single commodity Mrs. MURRAY. Mr. President, I sug- ters that have occurred over the past for energy costs, it did come in second gest the absence of a quorum. year. This assistance is not only re- and was three times greater than the Mr. COCHRAN. Mr. President, I ask lated to the horrible storms that rav- average. While these costs were high in unanimous consent that the order for aged the Gulf of Mexico coast last sum- 2004, we all know what has happened, the quorum call be dispensed with. mer, but it also will be available for and is continuing to happen, to energy The PRESIDING OFFICER. Without producers across the country who have costs since then. objection, it is so ordered. similarly suffered from floods, storms, I know the budget constraints that Mr. COCHRAN. Mr. President, I wildfires, drought, and other severe we face with regard to the pending sup- make a point of order en bloc against a weather events. plemental appropriations bill, and I am list of amendments on the grounds that Also included in this assistance pack- aware of the statement of President they are not germane under rule XXII. age is a provision to provide supple- Bush in regard to his views on spend- The amendments are as follows: mental economic loss payments to pro- ing. However, I would like to ask the Warner amendment No. 3620; Vitter ducers of certain crops. The primary chairman of the Appropriations Com- amendment No. 3628, as modified; purpose of this assistance is to help mittee for his views on this subject. I Wyden amendment No. 3665; Santorum compensate for the impact of high en- hope he would be willing to work with amendment No. 3640, as modified; Sala- ergy costs on agricultural producers. me in conference to ensure that in the zar amendment No. 3645; Vitter amend- We must remember that while many event funds are provided for supple- ment No. 3668; Obama amendment No. businesses can pass on increased costs mental economic assistance in a man- 3693; Obama amendment No. 3694; of production to consumers or other ner similar to what is provided in the Obama amendment No. 3695; Obama purchasers, the nature of the agri- pending bill, that dairy producers will amendment No. 3697; Menendez amend- culture economy is such that farmers be able to participate in a program to ment No. 3675; Conrad amendment No. and ranchers are very limited in their help compensate for the high energy 3715; Levin amendment No. 3710; Schu- ability to pass on such costs. Yet the and other costs facing the agriculture mer amendment No. 3723; Schumer costs of fuel, electricity, and other en- sector. amendment No. 3724; Cornyn amend- ergy inputs are a very large part of the Mr. COCHRAN. I thank the Senator ment No. 3722; Cornyn amendment No. overall costs of agricultural production from Wisconsin for expressing his con- 3672; Byrd amendment No. 3708; Lan- and when energy costs rise, as they cerns and for providing the specific in- drieu amendment No. 3750; and Lan- have done in recent months, they put formation regarding the effect of en- drieu amendment No. 3752. farming and ranching operations all ergy costs on agriculture. The Senator The PRESIDING OFFICER. Without across the country at risk. Unfortu- is correct, we will be under tremendous objection, the point of order may be nately, the provision now in the bill pressure in conference to limit the made en bloc at this time. does not apply to dairy producers. amount of spending in this bill. We all Mr. COCHRAN. Mr. President, I raise During consideration of this supple- know how important the farming econ- a point of order against these amend- mental appropriations bill by the Full omy is to this country and how badly ments, that they are not germane Appropriations Committee, I pointed farm income is being impaired by high under rule XXII. out to my colleagues that dairy pro- energy costs. I would tell my friend The PRESIDING OFFICER. The ducers are suffering from high energy from Wisconsin that I will work with Chair sustains the point of order with costs as are producers of crops. I ask him, and other Senators, to make sure respect to all the amendments. the chairman of the Appropriations that all farmers are treated fairly. The Mr. COCHRAN. All the amendments Committee, Senator COCHRAN, if he re- Senator’s point about the costs affect- that I read? calls the discussion we had on that ing dairy producers, along with the The PRESIDING OFFICER. That is topic at that time. others he mentioned, is well taken, and correct. Mr. COCHRAN. Yes. I say to the Sen- I hope an accommodation can be made Mr. COCHRAN. My understanding is ator from Wisconsin that I do recall to make sure all these farmers are that the Chair sustains the point of that discussion. treated equitably. order. Mr. KOHL. It might be of interest to Mr. KOHL. I thank the chairman. The PRESIDING OFFICER. The the chairman, and other Senators, to ARMY MODULARITY PROGRAMS Chair sustains the point of order on all share some information I have received Mr. SANTORUM. Mr. President, I amendments. from the USDA Office of the Chief would like to engage my colleague Mr. COCHRAN. I thank the Chair. Economist on the question of how en- from Alaska, Senator TED STEVENS, on Mr. President, I ask unanimous con- ergy costs affect various types of farm- a topic of importance to our Nation’s sent that when the Senate resumes the ing operations. I asked the Chief Econ- military and our industrial base. The supplemental appropriations bill to- omist if he could provide the amounts issue of importance concerns addi- morrow morning, the Senate proceed that farmers pay for direct fuels costs, tional funding included by the House of to consider votes on or in relation to electricity, and indirect energy costs Representatives for Bradley fighting the following, with no intervening ac- such as those associated with the pro- vehicles and Hercules improved recov- tion or debate or second-degree amend- duction of fertilizer and chemicals. Ac- ery vehicles. The House added $250 mil- ments: cording to that office, using the most lion for Bradley ODS vehicles and an- Thune amendment No. 3705, and Vit- recent year for which these amounts other $100 million for Hercules vehi- ter amendment No. 3728, as modified. are available, 2004, producers of so- cles. I further ask unanimous consent that called program crops, including wheat, Mr. STEVENS. As the Senator from the bill be read a third time and the corn, feed grains, rice, cotton oilseeds, Pennsylvania knows, I am keenly Senate proceed to a vote on passage and peanuts, paid a total of $9.9 billion aware that these are important with no intervening action or debate; for these sort of energy inputs. Of that modularity programs for our Nation’s provided further that following pas- total, corn had the highest energy Army. sage, the Senate insist on its amend- costs with $4.9 billion. Cotton pro- Mr. SANTORUM. I want to thank the ments and request a conference with ducers came in second at $1.7 billion. Senator from Alaska for his efforts to the House, and the Chair then be au- On the other hand, peanut producers address these and other Army pro- thorized to appoint conferees on the paid $145 million for these same costs. grams in this supplemental appropria- part of the Senate. The average energy cost for these tions bill. I recognize that there are fi- The PRESIDING OFFICER. Without seven different commodities, by com- nancial limitations on what the Com- objection, it is so ordered. modity, was $707 million. mittee on Appropriations is able to do

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3970 CONGRESSIONAL RECORD — SENATE May 3, 2006 with respect to addressing the Army’s ance for tenant-paid utilities. The De- vouchers, the funding provided to the recapitalization needs. partment of Housing and Urban Devel- agency under the budget-based voucher Mr. STEVENS. I thank the Senator opment’s (HUD) budget for fiscal year formula limits them to serving only 639 from Pennsylvania for his observations 2006 for both public housing and section families. Woonsocket has previously on the realities of the appropriations 8 vouchers did not contemplate the undertaken many energy-saving activi- process. Candidly, there were more pro- growth in energy costs that we have ties; however, utility costs for elec- grams of need for the Army than there seen since the gulf coast hurricanes of tricity increased 100 percent in Novem- were resources available to the com- 2005. The 1.5-percent increase budgeted ber/December 2005 over the same mittee. I am committed to working for utility payments is woefully inad- months in 2004. Natural gas increased with conferees to this bill in con- equate this year. 37 percent for the last 3 months of 2005. ference to try to address these two par- For approximately 80 percent of pub- Utilities costs, which were 30 percent ticular programs. lic housing units, the local housing of the operating costs, now have begun Mr. SANTORUM. I thank my col- agency pays directly for utilities. The to approach 40 percent and could go to league for his remarks and I stand local agency cannot pay increased util- 50 percent. ready to provide whatever assistance ity bills by raising rents. In the re- For this reason, I filed an amend- might be necessary to secure supple- maining 20 percent of public housing ment to H.R. 4939, the emergency sup- mental appropriations funds for Brad- units, local agencies assist families, el- plemental appropriations bill, to pro- ley fighting vehicles and Hercules im- derly, and disabled persons to pay util- vide $493 million to public housing proved recovery vehicles. ity bills where these bills would tip agencies to address rising energy costs PUBLIC HOUSING ENERGY COSTS housing costs over 30 percent of in- for the section 8 voucher program and Mr. REED. Mr. President, I would come. HUD’s public housing operating public housing units. Unfortunately, like to engage in a colloquy with the fund budget, which pays for utilities, the amendment is not germane distinguished chairman and ranking for fiscal year 2006 incorporated only a postcloture and will not receive consid- member of the Transportation, Treas- 1.5–percent increase for rising energy eration. Local housing agencies are not ury, Judiciary, and HUD Sub- costs, a level not close to the utility able to absorb these costs and meet committee of the Committee on Appro- rate hikes experienced by local agen- their mission to ensure safe, decent, priations. cies. In 2005, public housing agencies and affordable housing. I am particu- As my colleagues know, rising home received just 89 percent of the amount energy costs and high prices at the larly worried that the problem will necessary to cover basic maintenance pump are draining dollars out of our only be exacerbated as HUD’s fiscal and operations, and in fiscal year 2006, communities and the pocketbooks of year 2007 budget projects a 1.8-percent these agencies are expected to receive American families. This is money that decrease in utility costs. Rising energy about 91 percent of necessary funding. could be spent on school supplies, food costs will remain a pressing issue for Public housing agencies cannot absorb and medicine, and retirement savings. American families and our local com- these increases within their budgets or The burden of high energy prices is dis- munities, and they need our assistance. reserves. Without supplemental fund- proportionately felt by low-income and I recognize the difficult budget con- working class consumers, who do not ing, many agencies will be forced to straints that the chairman and ranking have the disposal income to meet these again cut back on basic maintenance member face this year as they begin expenses. The unanticipated increases and vital services to the elderly, dis- the fiscal year 2007 appropriations in energy costs due to Hurricanes abled, and working families they serve. process. I hope the chairman and rank- The section 8 voucher program is ex- Katrina and Rita at the beginning of ing member can work with me to ad- periencing similar problems. About 20 the 2005/2006 heating season have had a dress the growing problem of rising en- percent of assisted families have utili- significant impact on the ability of ergy costs on local housing agencies as ties included within their rental local housing agencies to effectively they begin work on the fiscal year 2007 manage their public and section 8 hous- charges. For the remaining 80 percent, Transportation, Treasury, Judiciary, ing inventories. housing agencies provide the family and HUD appropriations bill. Nationwide, approximately 3 million with a standard utility allowance based Mr. BOND. Mr. President, local hous- families receive public housing or sec- on energy consumption for the housing ing agencies in my State are also fac- tion 8 housing voucher assistance, unit where they live. HUD calculates ing these rising energy costs. The which helps families pay for housing the annual increases in voucher fund- Housing Authority of Springfield expe- costs, including utilities. In Rhode Is- ing and the amount that agencies are rienced a 28-percent increase in utility land, public housing provides homes for permitted to pay on behalf of families costs this winter during the city’s sec- 16,000 households, 7,000 of whom are el- for tenant-paid utilities based on area ond warmest January and the warmest derly or disabled and 9,000 family mem- housing cost estimates. Again, these February in recorded history. This bers. The section 8 voucher program calculations were developed before’ the utility increase represents an approxi- serves an additional 16,000 residents, recent increase in utilities. Housing mate 6-percent increase in the public 3,300 who are elderly or disabled, and agencies are required to recalculate housing agency’s operating budget. As 12,173 family members. Public housing and increase utility allowances for the Senator mentioned, many core pro- and the section 8 voucher programs are families whenever utility costs in- grams within the subcommittee’s juris- important assets to communities and crease by 10 percent or more. However, diction are facing deep cuts in the fis- residents in Rhode Island, making af- under the current ‘‘budget-based’’ cal year 2007 budget request, and at fordable housing available to many el- method of funding vouchers, no addi- this point, I am not certain what our derly, disabled, and working families. tional funding will be provided midyear allocation will be for the fiscal year. In 2004, the average rent for a two-bed- to accommodate these increased costs. The Senator raises an important con- room apartment in the State was The failure to provide additional fund- cern, and I will take a serious look at $1,121. The average income needed for ing to local agencies for utility in- how these unbudgeted costs may be ad- this rent is $45,000 per year, or $16.25 creases will create either greater rent dressed so that local agencies can con- per hour. Teachers and librarians earn burdens for low-income families or tinue to manage their operations re- only an average of $40,685 per year in force agencies to reduce the number of sponsibly. Rhode Island. Half of all Rhode Island families they assist within their lim- Mrs. MURRAY. Mr. President, I residents cannot afford the rent on the ited budgets. would second what the chairman has average two-bedroom apartment. The An example from my home State of just stated about the budget con- average hourly wage needed to afford a Rhode Island is illustrative of what straints facing our subcommittee. I am one-bedroom apartment in the State is public housing agencies are facing committed to working with the Sen- $14.05. A minimum-wage employee, across the country. The Woonsocket ator from Rhode Island during the fis- working full time, would be able to af- Public Housing Authority serves 1,300 cal year 2007 budget process to address ford $351 in rent. families in public housing, including these rising energy costs. Public housing agencies pay utility 650 senior citizens. While the agency is Mr. DURBIN. Mr. President, I would bills, and vouchers include an allow- authorized to serve 669 families with like to take this opportunity to discuss

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3971 my fire grant amendment to the Iraq sist firefighters is to make sure that the Nation’s interoperability problem, and Hurricane Katrina emergency sup- they have the necessary equipment and it would cost more than $15 billion plemental bill. Although there are pro- that makes it possible for them to to begin to fix the problem. cedural reasons why I cannot offer this communicate across departments and I appreciate Senator STABENOW’s amendment at this time, it would pro- agencies. work on this issue and her cosponsor- vide an additional $100 million for fire- In Illinois, STARCOM21 is the offi- ship of this important amendment. fighter assistance grants to address the cial statewide public safety two-way This is such an important issue for 9/11 Commission’s finding that Con- radio system. It has been designed to firefighters in Illinois and across the gress should give high priority to pro- serve State, local, and Federal law en- country that when there is another op- viding funding for communications forcement agencies statewide by facili- portunity, I intend to bring this connectivity in high-risk areas. tating multi-agency communication amendment before the Senate, and I We should implement the rec- through radio interoperability. This hope that my colleagues will consider ommendations of the independent, bi- important program is part of a push by supporting it. partisan 9/11 Commission and finally the Federal Government to address Mr. LEAHY. Mr. President, I am a protect our ports and airports, our bor- communication problems experienced cosponsor of amendment 3662 by my ders and mass-transit systems, our by first responders during national friend from Wisconsin, Senator FEIN- chemical and nuclear power plants, and emergencies. As part of its STARCOM GOLD. His amendment, which would our food and water supplies from ter- program, Illinois has purchased and have ensured continued support for the rorist attack. In July 2004, the 9/11 distributed radios to 698 law enforce- Office of the Special Inspector General Commission submitted to Congress and ment agencies at a cost of $3,899,630, for for Iraq Reconstruction, was ruled the Nation a report containing 41 rec- an average cost of approximately $6,000 ‘‘nongermane’’ by the Parliamentarian. ommendations on how to improve in- each; 755 fire departments at a cost of This is inexplicable and unfortunate. telligence operations and homeland se- $4,531,580; and 212 emergency manage- But the real travesty is that the major- curity. In December 2004, Congress en- ment, public health, and other agencies ity, which could simply agree to accept acted the Intelligence Reform Act, at a cost of $1,272,882. This is a total of this amendment, would prefer to hide ‘‘the 9/11 Act’’, authorizing several of 1,665 radios for $9.7 million. This is a behind the Parliamentarian’s ruling these recommendations. However, we little more than half of the universe of and let it die. have failed to live up to the commit- public safety agencies in the State. Il- By all accounts, with the exception ments made in the 9/11 Act. linois would like to provide additional of the snipes of some anonymous Pen- Almost every single one of the rec- radios to some of the larger cities— tagon officials and their friends in the ommendations made in the 9/11 Act on there are 10 cities in Illinois with popu- majority party who do not want the co- homeland security has been signifi- lations over 100,000 people—but Federal lossal blunders of the Iraq reconstruc- cantly underfunded. In addition, there assistance is required. tion program exposed to the light of has been a severe lack of leadership My amendment addresses the 9/11 day, the special inspector general has and competency at the Department of Commission’s recommendation that done an excellent job under difficult Homeland Security—culminating in first responders have interoperable and dangerous conditions. the failed response to Hurricane communications equipment. My He has uncovered numerous in- Katrina. On December 5, 2005, when the amendment would provide an addi- stances of waste and fraud—some, 9/11 Commission issued its final report tional $100 million for interoperable shocking in their audacity—and there card, it gave the administration and communications equipment so that are dozens of investigations and pros- Congress a series of C’s, D’s, and F’s on first responders can respond to natural ecutions under way. many areas in homeland security. disasters, terrorist attacks, and other There is another $1.6 billion for Iraq These areas include port security, bor- public safety needs. Fire grants are al- reconstruction in this supplemental for der security, aviation security, chem- ready used by some jurisdictions for precisely the same types of activities ical plant security, and first respond- the purpose of obtaining communica- that have been funded under the Iraq ers. We should have an aggressive, ro- tions equipment, and my amendment relief and reconstruction fund. bust plan to secure our homeland, and sets aside a pool of funding to encour- But in this bill they are funded under this amendment would implement one age more departments to do so. This is traditional foreign operations ac- of the 9/11 Commission’s recommenda- important to help emergency respond- counts, not under the Iraq relief and tions. ers field effective and reliable inter- reconstruction fund. In the 9/11 Commission’s December operable communications equipment to What this means is that, by not 2005 report card, the administration re- respond to natural disasters, terrorist adopting the Feingold amendment, the ceived an ‘‘F’’ on communications for attacks, and the public safety needs of special inspector general will not have first responders. Indeed, Hurricane America’s communities. oversight of these funds. Katrina exposed that, 4 years after 9/11, The lack of interoperable commu- Apparently the idea is for the State little progress has been made in cre- nications for America’s first responders Department inspector general to take ating a system where police, fire, and puts them and our communities in dan- over this responsibility. But that office emergency medical service depart- ger. Too many of our police, fire, emer- has no people in Iraq, no plan or budget ments can communicate with each gency medical services, and transpor- to put people there, and no ability to other. Homeland Security’s fiscal year tation officials cannot communicate do the job any time soon. They have 2007 budget decreases first responder with each other, and our local depart- said so themselves. and homeland security funding by $400 ments are not able to link their com- This is nothing more than a trans- million, which affects first responders munications with State and Federal parent attempt to shut down the only across Illinois and throughout the Na- emergency response agencies. A June effective oversight of this massive re- tion. Additional Federal funds are 2004 U.S. Conference of Mayors survey construction program which has been needed to protect our investments in found that 94 percent of cities do not plagued by mismanagement and fraud. homeland security preparation and re- have interoperable capability between Projects have been poorly designed, sponse. police, fire, and emergency medical grossly over priced, and many will Last year, more than $25 million was services, and 60 percent of cities do not never be finished, while U.S. contrac- awarded to Illinois fire departments for have interoperable capability with the tors such as Halliburton have made off equipment. Unfortunately, the fiscal State emergency operations center. Al- with huge profits. year 2007 budget reduces funding for most half of the cities that responded We are told by our friends in the ma- the Fire Program from $545 million to to the survey said that a lack of inter- jority, acting on behalf of some in the $293 million. This program provides operable communications had made re- Pentagon and the White House who equipment and training to fire depart- sponse to an incident within the last want to shut down the Office of the ments in Illinois and across the coun- year difficult. In November 2003, OMB Special Inspector General, that they try to help them prepare and respond testified before Congress that there is just want to return to the ‘‘regular to terrorist incidents. One way to as- insufficient funding in place to solve order.’’ That is their explanation for

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3972 CONGRESSIONAL RECORD — SENATE May 3, 2006 turning this responsibility over to the is not going to be settled, the terrorists fronts. It has created networks of orga- State Department. and terrorism in Iraq is not going to be nizations and individuals committed to That is laughable. There is nothing settled, through military options or a peaceful, democratic outcome in that resembles the regular order in this military operations. It is going to be Iraq. It has engaged in successful out- multibillion-dollar supplemental, none settled in the political process.’’ reach to the Sunni community and of which is paid for. In one breath they Right now, a critical player in ad- supported participation of argue that they cannot pay for the war vancing that political process in Iraq is marginalized groups in the political through the regular appropriations the U.S. Institute of Peace, a non- process, including minorities, women process because it is an extraordinary partisan organization created by Con- and the disabled. expense. In the next breath they make gress in 1984 to, among other duties, fa- In addition, the institute has trained the opposite argument to justify shut- cilitate the resolution of international hundreds of Iraqi officials in conflict ting down the Office of the Special In- disputes, train international affairs resolution and negotiation strategies, spector General. professionals in conflict prevention, as well as provincial-level government If this were really about the regular management, and resolution tech- and civil society officials in conducting order, the White House would support niques, and strengthen the education of interethnic dialogue. It has supported the amendment by Senator BYRD to emerging generations of young people Iraqi civil society projects that pro- pay the cost of this war, rather than in the United States and in foreign moted intercommunal and interreli- continue to ignore the regular budget zones of conflict. gious tolerance, including a project process and fund the war off budget, USIP has embraced that mission in with the Iraqi Handicapped Association leaving it to future generations to pay. Iraq. U.S. Institute of Peace personnel that brought together Iraqis of all This is just another example of the are doing a magnificent job of facili- faiths and ethnicities to promote par- hypocrisy of the President’s bankrupt tating interethnic and interreligious ticipation of Iraq’s disabled in the con- fiscal policy, and of those who continue dialogue and conflict resolution. They stitution process. to defend it in Congress. Use a figleaf are training Iraqi leaders at the na- In my limited time, let me cite just to make it appear as if you support the tional and local levels in democratic three examples of the good work that regular budget process when in fact processes and rule-of-law programs. the institute is doing in Iraq: you are weakening it. This also is the They bring unique experience and ex- Increasing regional stability. Iraq’s latest example of the majority party’s pertise in building a democratic gov- neighbors have done little to help sta- distaste and even disdain for oversight ernment and a robust civil society. bilize the country. So the Institute of and for the checks and balances in our And, obviously, this is all the more Peace facilitated a series of system that are supposed to root out critical today, as we acknowledge that groundbreaking informal dialogues corruption, waste, fraud and abuse and Iraq’s future will be decided in the po- among leading foreign policy and na- to make government work better as litical arena, not on the field of battle. tional security figures from Iraq and government spends the taxpayers’ But there is a problem. The U.S. In- each of its six neighbors: Saudi Arabia, hard-earned dollars. stitute of Peace is on the verge of run- Jordan, Syria, Turkey, Iran and Ku- The special inspector general has a ning out of funds for its operations in wait. At this meeting, participants difficult job. His job is to find the Iraq and Afghanistan, and all of its on- identified and began to work on how to truth, and sometimes the truth is hard going programs in those countries will address a number of challenges, includ- for government agencies to accept. be halted in the coming months if we ing developing a regional reconcili- Sometimes they would rather not have do not provide a necessary infusion of ation process to overcome deepseated the spotlight shined on their mistakes. funds in this emergency supplemental. cultural and political misconceptions But the special inspector general Some other amendments to this bill and prejudices creating a broad-based works for American taxpayers, not for have been criticized because they do effort to improve security promoting the Pentagon, and not for Halliburton. not pertain to Iraq or Afghanistan and effective government inside Iraq, and The Feingold amendment would have because they are not emergencies. That building stronger economic ties. ensured continued oversight of the is definitely not the case in this situa- Promoting Sunni engagement. Obvi- very programs the special inspector tion. The U.S. Institute of Peace is at ously, reaching out to Sunnis is vital general was created to oversee. I want the heart of our efforts to achieve a po- to dealing with the insurgency. In to commend him for his attention to litical success in Iraq. And we are truly March 2006, the institute convened a this issue and his effort to protect at an emergency juncture where the in- meeting of Sunni political leaders and American taxpayers. By using a tech- stitute will have to cease operations if legal scholars to discuss the current nical sleight-of-hand maneuver to pre- it does not receive supplemental fund- constitution. Participants included vent the Senate from voting on this ing. Sunnis who rejected the approved con- amendment—a vote they know they For fiscal year 2004, USIP received stitution but who nevertheless joined would lose—the majority has dealt a $10 million in funding for its operations in designing a strategy forward. blow to oversight of the shoddy, waste- in Iraq and Afghanistan. Those funds Creating a new generation of leaders. ful, and criminal failures of the Iraq re- will be exhausted in a matter of Almost half of the Iraqi population is construction program. months. The Office of Management and under the age of 21. Long-term peace Mr. HARKIN. Mr. President, I am Budget has proposed a small increase and development depends on this gen- pleased that the Senate approved my for next fiscal year. But meanwhile, we eration developing democratic values. language to provide up to $8.5 million face a crisis, here and now, that will re- To this end, the institute supported the to the U.S. Institute of Peace in the quire a shutdown in USIP operations at establishment of a student society at emergency supplemental appropria- exactly the time when they are most the University of Babylon-Hilla. This tions bill. This funding would allow urgently needed. The $8.5 million infu- society is designed to foster freedom of USIP to continue critical democracy- sion provided in the bill will allow expression and promote a culture of building programs in Iraq and Afghani- those operations to continue and, in tolerance and respect for citizens’ stan. some cases, to expand. rights among Iraqi youth. In 12 This $8.5 million will continue fund- According to the Congressional Re- months, it disseminated thousands of ing vital programs that are already in search Service, we are now spending al- copies of student-produced news- place on the ground in Iraq but that most $6.4 billion a month in Iraq, over- letters—al-Iraqi—and held a total of 21 are in danger of running out of money whelmingly on combat operations. It debates on controversial and timely before the end of the summer. And I would be penny wise and pound foolish issues, such as the role of Islam, fed- would like to assure my colleagues to refuse to allow this modest $8.5 mil- eralism, unemployment and terrorism. that USIP has a plan on how to use lion infusion to allow USIP’s all-impor- The student society has grown into the every dollar of this funding. tant democracy-building programs to largest student organization on cam- BG Donald Alston, our chief military go forward in Iraq and Afghanistan. pus—larger even than the Sadrist Is- spokesman in Iraq, has acknowledged, The U.S. Institute of Peace is active lamic Student Union. The project is and I quote, ‘‘[The insurgency in Iraq] in Iraq and Afghanistan on multiple galvanizing moderates and helping

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3973 marginalize militants, providing an es- best and brightest minds in America in cation of emerging generations of sential counterbalance to radical- the art and science of war. young people in the United States and ization on campus. But Americans also have a long his- in foreign zones of conflict; and in- Let me emphasize that this funding tory as a peace-loving people. Time and creasing public understanding about would also be used for programs in Af- again, we have brokered peace between the nature of international conflicts, ghanistan. In that country, the insti- warring nations, and we have inter- as well as approaches to their preven- tute has been hard at work building vened to head off potential conflicts. tion, management, and resolution. programs that promote the rule of law. The Institute of Peace draws on this Mr. President, the USIP deserves our As I am sure that my colleagues are proud tradition and today makes a support. aware, while much progress has been vital intellectual investment in the art f made in Afghanistan, there is a very and science of peacemaking. real danger that the drug lords and Today’s Institute of Peace is the MORNING BUSINESS warlords have ruled for decades will fruit of a dream and vision that goes Mr. VOINOVICH. Mr. President, I ask gain traction and undo U.S. success in back to our Nation’s Founders. Ben- unanimous consent there now be a pe- installing a democratic government. jamin Banneker, often called ‘‘the first riod for morning business with Sen- One way to combat that is through the black American man of science,’’ and ators permitted to speak for up to 10 traditional mechanisms—councils of physician Benjamin Rush, a signer of minutes each. male village elders—that handle over the Declaration of Independence, noted The PRESIDING OFFICER. Without 90 percent of legal disputes. The Insti- and lamented the Constitution’s failure objection, it is so ordered. tute of Peace has partnered with the to establish a Department of Peace to Mr. VOINOVICH. I ask unanimous Afghan Ministry of Justice in devel- balance the Department of War. In consent that I be allowed to speak for oping a strategy that will enable the their correspondence with Thomas Jef- up to 35 minutes. formal and informal legal systems to ferson in 1792, Banneker and Rush envi- The PRESIDING OFFICER. Without work together and ensure that Af- sioned a ‘‘Peace Office’’ which would be objection, it is so ordered. ghans, in particular women and mi- on an equal footing with the Depart- The Senator from Ohio is recognized. norities, enjoy protection of their ment of War and would be charged with f rights. One tribal leader at an Institute promoting and preserving perpetual FISCAL HEALTH of Peace meeting said that his people peace in the United States. want effective central government, but George Washington also supported Mr. VOINOVICH. Mr. President, I that they have never had a government the establishment of a Peace Office. rise today to speak on our Nation’s fis- they can trust. The institute aims to And his support was not just casual. He cal situation. Today, the Senate is con- create the kind of legal system all Af- believed that such an office should be sidering about a $100 billion supple- ghans can look to for justice with con- an essential pillar of the new Nation. mental funding bill that our Federal fidence. When he died in 1799, Washington’s last Government requires to fulfill its do- The bottom line is that all of this will and testament bequeathed in per- mestic and foreign obligations. While I good work being carried out by the petuity 50 acres in Potomac County to acknowledge this funding is needed in U.S. Institute of Peace in Iraq and Af- be used ‘‘toward the endowment of a many areas at home and abroad, most ghanistan will come to a crashing halt university—under the auspices of the notably with our commitments to fight in the months immediately ahead if we general Government.’’ This bequest the war on terror, rebuild after the do not provide this infusion of $8.5 mil- was intended to make possible the devastations of Katrina and Rita and lion on an emergency basis. The insti- proper ‘‘Peace Establishment’’ that protecting our borders, the occasion of tute’s democracy-building efforts President Washington had written passing a $100 billion supplemental bill would end at exactly the time when about as early as 1783. is an opportunity that I cannot pass up they are most urgently needed. That In a 1980 report, the Matsunaga Com- to remind the Senate of where our Na- would be unconscionable. Millions of mission strongly recommended the es- tion’s overall fiscal health lies. Iraqis are putting their lives on the tablishment of the United States Acad- In a nutshell, our fiscal health is in line because of their commitment to emy of Peace. In the course of more dire straits. In the most simple terms, building democracy. We need to keep than 70 meetings and hearings all the Federal Government continues to faith with those courageous Iraqis and across the United States, Senator Mat- spend more than it takes in. I hope my their dream of a democratic Iraq. sunaga of Hawaii and other Senators colleagues agree that the running the Further, I would like to inform my surveyed the full range of threats to charge cards for today’s needs and colleagues that our U.S. Ambassador, world peace and explored ways to leaving the bill for our children and Zalamay Khalilzad, who is currently counter those threats. grandchildren should not be the policy serving in Iraq, was a member of the After much thoughtful debate, a that this body pursues. USIP board of directors from November compromise was reached, and the When I came to the Senate in 1999, 1999 to May 2001, at which time he United States Institute of Peace Act the national debt stood at $5.6 trillion. joined the National Security Council was passed and signed into law by Today, as the chart shows, the national and had to leave the board. Ambas- President Ronald Reagan in 1984. A debt stands at $8.4 trillion. Since I sador Negroponte who served in Iraq board was installed, and the institute’s came to the Senate in 1999, we have prior to Ambassador Khalilzad called first meeting was held in February had an increase in the national debt of on USIP to assist him in calling to- 1986. Since that time, the institute has about 50 percent. The chart shows the gether Iraqi religious leaders, and they done remarkable work in such dis- last 4 years how we have climbed the would all meet in USIP’s Iraq office. I parate nations as Afghanistan and ladder, and the Treasury will be back am sure they would both join me in Korea, Bosnia and the Philippines. asking us to raise the debt limit. commending the work of the U.S. Insti- Today, at the direction of Congress, As a percentage of gross domestic tute of Peace. the Institute actively pursues six inter- product, our national debt has grown But before I finish my remarks I related activities: expanding society’s from being 58 percent of gross domestic would like to take a few moments to knowledge about the changing nature production at the end of 2000 to an esti- speak about the history of the U.S. In- and conduct of international relations mated 66.1 percent of gross domestic stitute of Peace. and the management of international production by the end of 2006. The U.S. Institute of Peace is a conflict; supporting policymakers in Undoubtedly, the United States has unique organization. Throughout our the legislative and executive branches; undergone unprecedented challenges long history, America has been proud facilitating the resolution of inter- that have spurred these fiscal issues. of its strong, well-led military. And national disputes; training inter- The tragedy of September 11 to fight- this outstanding military leadership is national affairs professionals from the ing the war on terror at home and no accident. It is possible because we United States and abroad in conflict abroad, to hurricanes Katrina and maintain prestigious, world-class mili- prevention, management, and resolu- Rita, to the rollout of the new Medi- tary academies which train some of the tion techniques; strengthening the edu- care prescription drug plan, the largest

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3974 CONGRESSIONAL RECORD — SENATE May 3, 2006 expansion of Medicare Programs since to the Senate in 1999, our interest costs other words, our costs are something its creation, our Nation has had to re- were about 13 percent, so they have we have not been able to control be- spond to challenges of tremendous gone down, but the fact of the matter cause of the war abroad, securing our magnitude. In responding to those is we need to be realistic about the fact homeland, and these hurricanes which challenges, the Federal Government that they are not always going to be as were unprecedented in our country’s has had the responsibility to provide low as they are today, and if they go history. the resources so that the country could up, they will just gobble up more of the While we have had to spend hundreds confront these challenges head on. Federal budget. of billions of dollars on these events, The Federal Government rightly ap- According to the reports from Medi- the Senate has made the decision to propriated $20 billion to help New care and Social Security trustees, the squeeze the nondefense discretionary York, hundreds of billions to provide trust funds for these programs will be budget. In fact, the pendulum has our war fighters with the necessary exhausted even earlier than previously swung from the Senate spending money equipment to provide for our national thought. According to the trustees re- like drunken sailors during the first security and now well over $100 billion port that came back last week, the years I was here to now cutting these to help rebuild the gulf coast. We are cost of Social Security and Medicare nondefense discretionary accounts to dealing with all of these expenses, but will grow from nearly 7.4 percent of the the bone in the name of fiscal responsi- we are ignoring the 800-pound gorilla in economy today to 12.7 percent by 2030, bility. the room, the impending tidal wave of consuming approximately not just 60 Unfortunately, fiscal responsibility entitlements coming due. percent as predicted by the administra- cannot be defined solely by restraining I was pleased this President in the tion but 70 percent of all Federal reve- and cutting nondefense discretionary State of the Union Address acknowl- nues, crowding out all other discre- spending. These accounts are only one- edged that: tionary spending. No matter which way fifth of the budget and, frankly, with The retirement of the baby boom genera- you look at it, if we leave reform of en- some of the cuts to these accounts, I tion will put unprecedented strains on the titlement programs for future Con- believe we are eating our seed corn in federal government. By 2030, spending for So- cial Security, Medicare and Medicaid alone gresses to solve, as well as a mountain the name of fiscal responsibility. will be almost 60 percent of the entire federal of national debt to pay off, it will have I would be the first to cut the excess budget. And that will present future Con- devastating consequences on the econ- out of the budgets. I only have to think gresses with impossible choices staggering omy and on our children and grand- back to my mayoral days and my Gov- tax increases, immense deficits, or deep cuts children. ernor days. As mayor of Cleveland, we in every category of spending. Some Members believe that the solu- inherited the first major city in the I am pleased the President decided to tion is to grow the economy out of the United States to default on its loans focus on what some call the demo- problem, that by cutting taxes perma- since the Great Depression. By making graphic tsunami coming our way and nently the economy will eventually tough choices, we turned the city the necessity to reform entitlement raise enough revenue to offset any cur- around. programs before it hits. The 77 million rent losses to the U.S. Treasury. I re- As Governor, we faced a no less baby boomers coming into the Social spectfully disagree with that assertion. daunting challenge. We came into of- Security and Medicare Program will I do not believe that in the current sit- fice in a $1.5 billion hole. We scoured put the Federal budget under unprece- uation our country faces, we can con- through line by line and went through dented pressure. Chairman GREGG took tinue to spend more than we take in. four rounds of cuts in the State budget. the courageous steps to take on enti- By the General Accounting Office’s After the fourth cut, the math still did tlement spending through the Deficit own estimates, about 35 years from not add up. We had to raise revenues to Reduction Act of 2005. I supported his now, that is when my grandchildren meet the responsibilities of the State— efforts. have their own children to care for, a solution that was not easy. But at However, this was just the tip of the balancing the budget would require ac- the end of the day, it was necessary be- iceberg. The truth is, we have not been tions as large as cutting total Federal cause—do you know what—we had to serious about entitlement reform. The spending by 60 percent or raising taxes balance our State budget. President called for a bipartisan com- 2.5 times what they are at today’s I had to balance my budgets when I mission to examine the full impact of level. was the mayor of the city of Cleveland. baby boom retirements on Social Secu- Our friends overseas and Europe are Unfortunately, we do not have to bal- rity, Medicare, and Medicaid in his experiencing what we will experience if ance our budgets here in Washington. State of the Union Address. It is imper- we do not get a hold of our finances. After getting back on even keel, we ative we move on this quickly. Unfor- In November 2005, former Federal Re- were able to reduce taxes in each of the tunately, we are still waiting for the serve Chairman Alan Greenspan testi- last 3 years of my administration. But commission to be appointed. Time is of fied before the Joint Economic Com- we had to get back on even keel. the essence, and I hope that Secretary mittee and told Congress: I view the situation our Nation faces Snow and the administration will move We should not be cutting taxes by bor- today in a very similar light. We are in quickly on creating that commission. rowing. We do not have the capability of a heck of a spot. Our Nation has faced Social Security, Medicare, Medicaid, having both productive tax cuts and large extraordinary costs that could not be make up a significant portion of man- expenditure increases, and presume that the foreseen. And at the same time, we are datory spending and mandatory spend- deficit doesn’t matter. talking about reducing revenues. We ing is crowding out other parts of the That is exactly what we have been have cut nondefense discretionary budget. This chart shows in the year doing the last several years. spending, and I am sure there are those 1965 mandatory spending was 27 per- I have said many times on this floor who believe we can cut more. I think cent of our budget. In 1985, now we see that our major problem is we are un- we have come to the point where we mandatory spending makes up 42 per- willing to pay for or go without what need to face reality. These numbers cent, 44 percent is discretionary, and 14 we want to get done. We have been just do not add up. percent is the interest on our debt. willing, time and time again, to put Now, I want to say that I am not Now, in the year 2005, from 1985 to 2005, the cost of our current spending on the against tax cuts. In other words, I have mandatory spending has jumped from credit cards of our children and grand- been for it. I supported tax cuts in 2001, 42 percent to 53 percent, and defense is children. To be candid and fair, we had 2002, 2003, 2004. In 2001, we were facing 20 percent, nondefense is 19 percent, in- no choice in much of the spending since a starkly different fiscal picture than terest is 7 percent, and we have been 9/11. The Federal Government had to we have today. I think it is really im- lucky in terms of the interest costs be- rebuild after 9/11. We have made the de- portant to understand that. The fiscal cause of the fact that our interest rates cision to increase security for the picture today is entirely different than are very low today. homeland. We have to fund the war in when we started the tax cuts in 2001. If we ever see an uptake in interest Iraq and Afghanistan. And we have to The surplus over 10 years was esti- costs, we can go back to what percent- rebuild after the devastation of dealing mated to be $5.6 trillion—a lot of age went toward interest. When I came with Hurricanes Katrina and Rita. In money. Congress, as I mentioned, spent

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3975 more money in 1998, 1999, 2000, and 2001 economy into gear. And it worked. The want it all. And just these tax items on than they should have. This led most of economy and the stock market have this chart—to repeat—$2.35 trillion us to want to get that money off the moved. over 10 years. Are we willing to add to table so it could not be spent. I sup- I can still remember people saying: our deficit and debt to continue these ported this because of what I referred The market is never going to recover. I cuts? to as the three-legged stool: pay down heard, several years ago: It is never Let’s list the numbers again, look at the debt, fiscal responsibility, and tax going to get back to where it was. And them again: unbalanced budgets since cuts—the three of them. the fact is, it has. The Nation’s GDP 2001 last year’s deficit was $318 billion; On June 7, 2001, the President signed grew by over 4 percent in both 2003 and a rising national debt of $8.4 trillion— the Economic Growth and Tax Relief 2004, and 3.5 percent in 2005, and unem- and that has increased, as I have said, Reconciliation Act. I voted for this bill ployment has dropped since we enacted by 50 percent since 1999—the war on which reduced the individual income tax cuts from 6.6 percent to the current terror has cost us $450 billion, plus $160 tax rates that apply to taxable income, 4.7 percent. And we just announced billion on homeland security since 9/11. increased the child tax credit to $1,000, that in the first quarter of this year, One of the things people do not un- and extended it to smaller families, ad- our GDP growth is over 4 percent and derstand is that Homeland Security dressed the marriage penalty, phased more Americans are working. Unfortu- has 22 agencies, 180,000 employees. out the Federal estate tax over the pe- nately, we are not seeing this in the They have doubled the budget of those riod 2002 to 2010, provided a temporary State of Ohio. We are still under a 22 agencies since 9/11. As a matter of reduction in the alternative minimum great deal of duress because of the loss fact, if you look at other money we tax, and provided some savings incen- of our manufacturing jobs. spent on homeland security, they have tives and childcare credits. However, the world does not stand actually tripled the budget since that After 9/11, I joined the Centrist Coali- still, and we now face different chal- time. tion to accelerate these cuts to provide lenges. While this tax cut stimulation Katrina has cost us over $100 billion a short-term stimulus to our economy. worked, making these tax cuts perma- and continues to rise, and the Medicare The House passed this bill, but it nent should be subject to pay-go, as Part D plan is now projected to cost stalled in the Senate because of par- Alan Greenspan said, or ‘‘serious eco- over $1 trillion from 2006 to 2015. tisan politics. nomic disruptions’’ will result. We need With significant unmet domestic In 2003, our country was still reeling to cut expenses or pay for them with needs and the looming cost to the from September 11, the war against other tax increases. Treasury of the baby boomers’ retire- terror, and corporate accounting scan- Now, let’s look at the costs of some ment programs—which by conservative dals. We were in recession. We needed of the tax cuts we passed. These are all estimates from the administration will additional stimulative medicine. But I going to be under consideration, and consume 70 percent of the entire Fed- fought to ensure that the tax cuts were we will have people saying: We have to eral budget by 2030—what kind of econ- the right amount. I joined with Sen- extend all of them. omy is lurking around the corner in ators OLYMPIA SNOWE, JOHN BREAUX, The credit for research and experi- 2011? and MAX BAUCUS to get the $350 billion mentation, that is $81.2 billion; deduc- Instead of making the tax cuts per- that we passed in 2003. tion of State and local sales taxes is manent, we should be leveling with the On May 28, 2003, the President signed $41.5 billion; increased AMT exemption American people about the fiscally the Jobs and Growth Tax Relief Rec- amount, $437.5 billion; hurricane re- shaky ground we are on. What we onciliation Act into law. We acceler- lief—I will leave that one alone; sub- should be doing is spending our time on ated the cuts from the 2001 tax bill, part F for active financing income, tax reform. We all know that funda- such as the individual income tax cuts, $45.2 billion; reduced tax rate on repa- mental tax reform is critical, and as we the marginal rates, the child tax cred- triated dividends, $57 billion; section consider the tax provisions, such as the it, the marriage penalty relief, ex- 179 expensing, $15.9 billion; reduced tax AMT, as I just mentioned, it becomes tended the AMT again, and reduced the rates on capital gains, $63.4 billion; em- clearer and clearer we need to overhaul rate on both dividends and capital powerment and renewal zones, $11.7 bil- our Tax Code. So I simply cannot un- gains to 15 percent for higher tax lion; child tax credit, $184.8 billion. derstand why some of my colleagues brackets and 5 percent for those in the Let’s see. I won’t hit them all. Estate want to make so many provisions of lower tax brackets for 2003 to 2008. and gift tax changes—estate and gift the current Tax Code permanent or add One of the reasons we said only $350 tax changes. Do you hear that? We are new tax cuts when we very well may be billion was that we were concerned talking about killing the death tax? We eliminating precisely the same provi- about the cost of the war and homeland are talking about $357 billion—$357 bil- sions as part of fundamental tax re- security. And we were right. Our na- lion. And the income tax rates of 25, 28, form. No homeowner would remodel tional defense and homeland security 33, and 35 percent, if we keep those, their kitchen and bathroom right be- costs have added up to $2.3 trillion will cost us $384.8 billion. fore tearing down the house to build a since then. All I am saying is, if you add up all newer and better one. Since 2003, when we decided to pro- of the things that are going to come to As the one who amended and pushed vide accelerated tax cuts, our national us during the next couple of years, we for the creation of the task force on defense and homeland security costs are talking about—what is that—$2.353 tax reform in 2003 and 2004, I was de- have added up to $2.3 trillion. trillion. Do you hear that? It is $2.353 lighted when the President, in his con- Can you imagine where we would trillion. It just does not make sense. vention acceptance speech, said he have been if the $1.57 trillion the ad- As we see on the chart, according to would move forward with tax reform. ministration initially proposed or even CBO, the dividend and capital gains tax In fact, 2 days after the convention— the $725 billion tax cut that was being cuts will result in roughly about $193.1 Ohio was sitting right in front of the considered at the time by the House of billion in revenue loss to the Treasury. President when he was giving his ac- Representatives was actually passed? If we were to permanently repeal the ceptance speech. He said: When I men- Just think what our deficit and na- estate tax—I have already mentioned tioned tax reform, I watched you, tional debt would be today. The nega- that. Consider that the alternative Voinovich. He said: You jumped out of tive consequences of such cuts adding minimum tax will cost us $511 billion. your seat, and I thought you were to our national debt would have out- I support recent statements from the going to run up and hug me because weighed any positive stimulus effect. White House that AMT should be con- you were so happy we were going to do I said that $350 billion in tax cuts sidered as part of tax reform, but until the tax reform. would be enough to get the economy that happens, we are forced to confront I have to say that I am disappointed. and the stock market moving then and this issue every year. I feel bad that the administration has now, and it worked. In other words, Everybody is complaining about the backed away from tax reform as a pri- what we did is we front-end loaded that AMT. They want the AMT. They want ority, since simplifying the Code to $350 billion tax cut to really give us the dividend tax reduction to continue, make it more fair and honest could, by some oomph so we would kick this the capital gains. You name it. They some estimates, save taxpayers over

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3976 CONGRESSIONAL RECORD — SENATE May 3, 2006 $265 billion in costs associated with We will be back where we were before. One of the things I also think we preparing their taxes. That would be a So we have to figure out, if we are need to understand is the fact that our real tax reduction. And do you know going to do this, how we put the money infrastructure has been ignored for too what. It would not cost the Treasury aside. long. It is a critical piece to making one darn dime. It would be a tax cut One of the things I have worked on— America more competitive. I have in- that would guarantee that people are and I have introduced a bill with Sen- troduced the National Infrastructure paying their fair share and would bring ator CONRAD—is that we would stop the Improvement Act with Senators CLIN- more money into the Federal Treasury. raid on Government trust funds. It not TON and COCHRAN. The bill establishes According to the Tax Foundation, we only holds revenues designated for So- the National Commission on the Infra- lose about 22 cents of every dollar of cial Security programs separate from structure of the United States which income tax collected in compliance general revenues, it also would make would study infrastructure throughout costs. It adds up to the combined budg- Federal financing more transparent. the Nation, including surface transpor- ets of the Departments of Education, People would know what the public tation facilities such as roads, bridges, Homeland Security, Justice, Treasury, debt is. In other words, we would fun- mass transit facilities, freight and pas- Labor, Transportation, Veterans Af- damentally borrow from the public the senger rail, airports, wastewater col- fairs, Health and Human Services, and money that we have been taking from lection, and treatment facilities, wa- NASA. the trust funds, and we would know terways and levees. I was a cosponsor In a recent conversation with Rob that the money in the trust funds of the highway bill, but I thought the Portman, a longtime friend of mine, would be there because it would not be legislation was modest given the need. who is our new OMB Director, I com- in Federal investments. Frankly, it falls far short of the level municated my call for Tax Code ref- At this time we need reliable finan- that would improve or even maintain ormation. I said if the President want- cial and performance information to our Nation’s highway system. Accord- ed to leave a real lasting legacy, a real make sound policy decisions. If we ing to the Federal Highway Adminis- lasting legacy to the American people, were in business, we would be in sub- tration, $107 billion is needed annually something he could point back to and chapter 11, absolutely. We need to to maintain and improve our highways bring transparency to our budget so be very proud of, he would keep his and bridges. The enacted highway bill that all the American people have a promise to the American people to un- provides $70.4 billion below what is better understanding of the hard dertake tax reform. needed to improve and $38.8 billion If we keep going the way we are, his choices we have to make. Typically the American people have below what is needed to maintain our legacy may be a big tax increase in 2009 not tolerated a tax level of any more highway system. We also desperately or 2010 or 2011, one like his father was than 20 percent of GDP. We reached need to provide increased funding for forced to make in 1991. I believe—and I that level of almost 21 percent when the Army Corps of Engineers, including have the greatest respect for the Presi- the tax cuts we enacted made revenues funding for levees and funding for addi- dent and his father—his father was a decrease quickly. The real danger is tional civil engineers. This Nation has profile in courage. He bit the bullet and the divide between our revenue and an aging national water resources in- did what was right for the country and, spending once the baby boomers start frastructure. We saw it with Katrina. If in the process, probably lost an elec- to retire. This dotted line is going to we continue to ignore the upkeep, the tion. rise to levels not given on this chart. deterioration of our locks and dams, If we are going to provide the Amer- In other words, this dotted line is going flood control projects and navigation ican people a clear picture of the shape to go way up in terms of dealing with channels, we risk destruction of water- of our fiscal house, we should be honest our outlays. The revenues, as you can borne commerce, decreased protection about the long-term problems under- see, they were up pretty high. This is against floods, as we saw in Katrina, neath the facade of our fiscal house. 1980. They went up. Then we got over and other environmental damage. Currently, we are distorting our Fed- here when we were flush, and they went I have been concerned about the eral financial statements by borrowing up to here. Now the revenues are down backlog of unfunded Corps projects from hundreds of Federal trust funds. here and then coming here. This line of since I was chairman of the Sub- In addition to the $1.6 trillion we have spending is going to go right off the committee on Transportation and In- borrowed from the Social Security chart, as I mentioned before, because of frastructure in 1999. When I arrived in trust fund, we have borrowed over $660 Medicare, Medicaid, and Social Secu- the Senate in 1999, I was chairman of billion from the Civil Service Retire- rity. that committee. The backlog of un- ment and Disability Fund, $177 billion The American people should under- funded corps projects for operation and from the military retirement fund, and stand what this is about. We are really maintenance was $250 million. Today smaller amounts from almost 130 Fed- in trouble. The question is, if we don’t the backlog is $1.2 billion. In 2001, there eral trust funds. In all, we have bor- have enough revenue to pay our cur- was $38 billion in active water resource rowed almost $3.3 trillion of funds in- rent bills, how in the world are we projects waiting for Federal funding. tended for other purposes. All of this going to prepare to cover much larger Today it is $41 billion in active con- has added to our $8.4 trillion national future promises? How are we going to struction and general projects that debt. take care of this? In the big picture of need Federal funding. This budget is I believe we should keep the shrink- where the United States stands, it is only going to increase this backlog. ing Social Security surplus separate. It clear to me that the economic frame- Our budget proposes a 33-percent cut in is important to set these funds so that work of our Nation needs to be refur- the Corps construction budget. Can you the Federal Government will have real bished. There are certain investments imagine? After Katrina and what we assets that can be used to redeem ex- and responsibilities that this Senator saw in New Orleans in terms of not isting special issue Treasury bills when believes we can no longer ignore and spending the money to maintain the Social Security stops generating sur- must address. levees and build them the right way, pluses in 2017. When we were looking at We should be rebuilding an infra- we are cutting the construction budget Social Security reform, it occurred to structure of competitiveness so that 33 percent, and a 42-percent cut in the some of us that it would be useless to future generations at least have the Corps investigations budget. reform the program if the surplus same opportunity that we had for the Currently, the Corps is able to func- money still went to general revenues. standard of living and quality of life we tion only at 50 percent capacity at the If we shore up the system without have. We need to build what I referred rate of funding proposed by the budget. keeping the funding for it separate, the to earlier. We are in a competitive Can you believe this? It is incredible. benefit of Social Security reform could global marketplace. What we have to We also cannot remain competitive simply be spent on other related pro- understand is, if we don’t build the in- without a workforce full of educated grams. In other words, if we bite the frastructure of competitiveness to and motivated young Americans. bullet, reform Social Security, take in compete in that marketplace, our chil- As a Nation, we have to invest in our more money and don’t put it aside so dren’s standard of living is going to be children and enable them to fully de- we can’t touch it, we will just use it. less than what ours is today. velop their God-given talents in order

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3977 to compete in a knowledge-based glob- dent’s competitiveness agenda is re- debt to future generations. George al economy. We have to have knowl- training of teachers in high school, Washington in his Farewell Address edge-based jobs if our people are going making the research and development stated: to work. This means we have to place credit permanent, and doing some work [Avoid] the accumulation of debt, not only more emphasis on careers in science, in research that will help us deal with by shutting occasions of expense, but by vig- engineering, and math. Right now we our energy crisis. The portion of the re- orous exertion in time of peace to discharge are not getting the job done. port that talks about scholarships from the debts which unavoidable wars may have occasioned, not ungenerously throwing upon Globally, the United States ranks the Department of Energy is not fund- posterity the burden which we ourselves 17th in the proportion of the college- ed. The report calls for 25,000 scholar- ought to bear. age population earning science and en- ships out of the Department of Energy Again, he said ‘‘not ungenerously gineering degrees, down from third at $20,000 a year to encourage people to throwing upon posterity the burden place several decades ago. In fact, the study engineering. which we ourselves ought to bear.’’ percentage of 24-year-olds with science It also provides out of the Depart- I have to say this, and I know it is or engineering degrees is now higher in ment of Education $20,000 a year for controversial, but if you look at the ex- many industrialized nations. Countries students to take math, science, infor- traordinary costs that we had with the such as England, South Korea, Ger- mation technology, and education war and homeland security and many, Australia, Singapore, Japan, courses. And they commit that after 5 Katrina, the logical thing that one and Canada all produce a higher per- years they will teach for 5 years. In would think about is to ask for a tem- centage of science and engineering other words, they will get their under- porary tax increase to pay for them. graduates than we. graduate degree and teach for 5 years. Did you hear that? Ask for a temporary The National Academy of Sciences During those 5 years, the National tax to pay for it, instead of saying we released a report this fall, entitled Science Foundation will pay them will let our kids take care of it; we will ‘‘Rising Above the Gathering Storm,’’ $10,000 more than what the local school let our grandchildren take care of it. that recommends action the Federal district pays them. So it is a real com- No, we are not doing it. The people who Government should take to enhance prehensive effort to deal with the crisis are sacrificing today in this country our ability to compete in a global mar- that we have today in terms of pro- are the ones who have lost men and ketplace. The recommendations range viding the scientists we need to get the women in our wars. The people who from those that will improve our Na- job done. have sacrificed today are the ones who tion’s math and science course work The bottom line is, we don’t need less have come back without their arms and establish a workforce of qualified revenue; we need more revenue. As a and legs—thousands of them. They are teachers who will prepare our students Wall Street Journal article states: making the sacrifice. for futures in highly innovative careers Federal taxes amounted to 17.5 percent of The question I ask is, what sacrifice to the critical need for energy inde- gross domestic product, up from a modern are we making? pendence and investment in research. low of 16.3 percent in 2004. Anyone in the know who is watching It is hard for me to believe the statis- That is one of the reasons the debt us has to wonder about our character, tics that came out of the report. Half has gone up so much, like a rocket. It our intellectual honesty, our concern about our national security, our Na- the teachers who teach math and is because in 2004, we were only taking tion’s competitiveness in the global science today are not qualified to teach in 16.3 percent of our GDP in revenue. marketplace now and in the future and, the subjects. But it was well below the high of 21 last but not least, our don’t-give-a- I did a survey of our State univer- percent that we had in 2000. That was darn attitude about the standard of liv- sities to find out how many people too much. ing and quality of life of our children graduated to teach physics. Thirteen Continuing from the Wall Street and grandchildren. was the number. How in the world can Journal: we keep going with that kind of The question is, are we willing to be Keeping the tax burden low is going to be honest with ourselves and the Amer- record? difficult. Last year, the federal government’s I am encouraged that the President ican people and make these tough deci- spending exceeded its tax take by about $318 sions? My two models when I was recognized that America needs to wake billion. And the retirement of the baby-boom up and build a new infrastructure for generation starting in 2011 could cause mayor and Governor were ‘‘together we competitiveness, and I applaud his spending on big-ticket federal retirement can do it,’’ and our State motto, ‘‘With American competitiveness agenda. programs to jump. God All Things Are Possible.’’ I am prayerful that the Holy Spirit Also, I joined a number of my col- That is the quote from the Wall will inspire us to make those tough de- leagues as an original cosponsor of the Street Journal. The only thing that cisions and do what is right for our Protecting America’s Competitive bothers me about the quote is that they reported the debt last year of $318 country. Edge Act, or PACE. This legislation is I yield the floor. aimed at improving our Nation’s com- billion. That is what they reported. petitiveness through advancement and The fact is, from an accrual basis—it f emphasis on math and science edu- comes out of the Department of the GUN TRAFFICKING: A NATIONAL cation. Like the President’s initiative, Treasury—we increased the debt by ISSUE REQUIRING NATIONAL AT- this legislation is comprehensive and it $740 billion. But we only report to the TENTION is aimed to increase our Nation’s re- American people $318 billion. Several Mr. LEVIN. Mr. President, last Tues- search capacities and emphasize strong weeks ago, we were talking about the day, 15 mayors from a diverse group of science and math education. However, fact that the Treasury announced that cities around the country gathered in it will require a larger national com- on an accrual basis we increased our New York City for a mayors’ summit mitment to reengage our Nation’s debt by that amount of money. Some- on illegal guns. This summit provided youth in science and math, similar to one said, why don’t we keep our books an excellent opportunity to share gun our response in the late 1950s to Rus- on the accrual basis? Somebody said, violence prevention strategies, engage sia’s launch of Sputnik and the ensuing for goodness sakes, we cannot do that experts, and coordinate future national space race. because they will find out how much in outreach and lobbying efforts for the Here the President’s budget falls far debt we are and how much our budgets safety of their cities. I commend those short of what is necessary to fulfill the are not balanced. who participated for their willingness recommendations of the report. In So I think that with the baby boom to work together to address the gun vi- other words, if we are going to really generation starting to retire in 2011, we olence issues that plague communities do something about this crisis that we will have some real problems. The sim- across our country. have in terms of math and science, we ple fact is we cannot have it all. We One of the major issues discussed by are going to have to fund the rec- need to set priorities and make hard the mayors last week was the buying ommendations from the National Acad- choices; otherwise, our children will and selling of guns by ‘‘straw pur- emy of Sciences. The only thing that is end up paying for it. Our forefathers chasers.’’ Straw purchasers play a crit- being funded right now in the Presi- recognized the inequity of passing on ical role in the illegal trafficking of

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3978 CONGRESSIONAL RECORD — SENATE May 3, 2006 guns by purchasing with the intention Whereas: As Mayors, we are duty-bound to Americans for Civil Rights and Equal- of reselling them to prohibited buyers. do everything in our power to protect our ity—to create unique partnerships to These straw purchases are often made residents, especially our children, from harm advance civil rights, education, health in States with lax gun safety laws and and there is no greater threat to public safe- care and community development. I ty than the threat of illegal guns; trafficked to cities where they may Now, therefore, we resolve to work to- commend the Asian Pacific Islander later be used in violent crimes. New gether to find innovative new ways to ad- Caucus and California’s APA commu- York City Police Commissioner Ray- vance the following principles: nity leaders for their tireless and inno- mond Kelly refers to this as the ‘‘iron Punish to the maximum extent of the vative efforts to empower Asian Pacific pipeline’’ of illegal firearms. According law—criminals who possess, use, and traffic Americans in California. to published reports citing New York in illegal guns. In addition to reflecting on the many Police Department statistics, 8 of Target and hold accountable irresponsible gun dealers who break the law by knowingly accomplishments of the APA commu- every 10 guns used in crimes in New nity, Asian Pacific American Heritage York City come from other States. In selling guns to straw purchasers. Oppose all federal efforts to restrict cities’ Month also allows us to honor the fact, only 18 percent of the illegal guns right to access, use, and share trace data memory and contributions of notable recovered in New York City in 2005 that is so essential to effective enforcement, Asian Pacific Americans. This year, were originally sold in New York or to interfere with the ability of the Bureau sadly, we have lost many APA leaders: State, while 61 percent were traced to of Alcohol, Tobacco, and Firearms to combat Dave Tatsuno, a courageous man who just five other States. illegal gun trafficking. secretly documented life in a Japanese According to several of the mayors in Work to develop and use technologies that American internment camp during attendance, the lack of leadership by aid in the detection and tracing of illegal World War II; Sam Chu Lin, one of the the President and Congress on the guns. first Asian American journalists in the issue of illegal gun trafficking was the Support all local, state, and federal legisla- tion that targets illegal guns; coordinate leg- United States; Judge Delbert Wong, impetus for the summit. As New York islative, enforcement, and litigation strate- the first Chinese American judge in the Mayor Michael Bloomberg pointed out, gies; and share information and best prac- continental United States; and Jade ‘‘There’s very little that an individual tices. city can do to halt the sale of guns to Snow Wong, a world-renowned author Invite other cities to join us in this new and ceramicist. criminals. This is a national issue that national effort. All four of these APA leaders were requires national attention.’’ In the ab- f sence of adequate Federal attention, undeterred in their efforts to make the 15 attending mayors signed a state- IN CELEBRATION OF ASIAN PA- America a better place to live, and ment of principles resolving, among CIFIC AMERICAN HERITAGE they will be missed by all who knew other things, to work together in the MONTH them. In remembering the accomplish- prosecution of gun traffickers, irre- Mrs. BOXER. Mr. President, I take ments of Dave Tatsuno, Sam Chu Lin, sponsible gun dealers, and violent this opportunity to recognize Asian Pa- Judge Delbert Wong, and Jade Snow criminals. cific American Heritage Month. Wong, I hope that future APAs will be In their statement of principles, the Please join me as we celebrate the inspired to become leaders who will mayors vow to oppose all Federal ef- outstanding contributions of Asian Pa- fight for this great Nation and for the forts to restrict the ability of cities to cific Americans to our Nation during rights of all Asian Pacific Americans. access, use, and share firearms trace Asian Pacific American Heritage As we celebrate Asian Pacific Amer- data that can be critical to law en- Month. Since 1977, when Congressman ican Heritage Month this May, let us forcement personnel working to stop Norman Mineta of San Jose, along with remember that Asian Pacific Ameri- the flow of guns from reckless gun Senators DANIEL INOUYE and Spark cans are constantly contributing to dealers into the hands of criminals. Matsunaga of Hawaii, introduced a every aspect of American life, from This statement refers to amendments joint congressional resolution, we have business and government to sports, that have been inserted in the Com- celebrated Asian Pacific American— science, and the arts. As we note their merce-Justice-Science Appropriations APA—cultures and traditions each many contributions, let us celebrate Act each of the last 4 years that pro- May. They chose May for the observ- diversity and recommit ourselves to hibit the Bureau of Alcohol, Tobacco, ance because the first Japanese settlers working together toward a better fu- Firearms and Explosives, ATF, from had come to mainland America in May ture for us all. disclosing important information from 1843, and the Nation’s first trans- the national Firearms Trace System Ms. MIKULSKI. Mr. President, this continental railroad was completed, month marks the anniversary of two Database to local law enforcement and with the help of Chinese American government officials. Unfortunately, milestones in Asian Pacific American labor, in May 1869. This year, the history. legislation has recently been intro- theme is ‘‘Celebrating Decades of duced in the House of Representatives Pride, Partnerships and Progress.’’ The first-ever Japanese Americans which would make these restrictions More than 14 million APAs live in made their home in this country start- on ATF firearms trace data permanent. the United States. Nearly 5 million ing on May 7, 1843. And in this same It is time that Congress work with, APAs live in California, making it month in 1869, the Transcontinental instead of against, our Nation’s mayors home to the largest population of Railroad, which had a tremendous im- to solve the gun violence issues which Asian Pacific Americans in the Nation. pact on settling the West, was com- our communities face. The mayors are It is no wonder, then, that the APA pleted largely due to the hard labor of right. The gun violence epidemic community in California has made tre- hundreds of Chinese Americans. across the country requires national mendous strides by working together These landmarks in Asian Pacific attention, and I urge my colleagues to to bring about positive change and American history inspired Congress in join me in working to enact common- growth. I am so proud of my State of 1977 to pass legislation establishing a sense gun safety laws that will help California for being a leader on Asian week in May as Asian/Pacific Heritage keep guns out of the hands of crimi- Pacific American issues. Week. In 1990, it was expanded into a nals. month-long observation. I ask unanimous consent that the Earlier this year, the California text of this statement of principles be State Legislature’s Asian Pacific Is- So this May, in recognition of Asian lander Legislative Caucus held its 6th Pacific American Heritage Month, I printed in the RECORD. There being no objection, the mate- Annual APA Legislative Briefing, honor the diverse cultures and herit- rial was ordered to be printed in the ‘‘Partnering for Community Empower- ages that make up the Asian and Pa- RECORD, as follows: ment.’’ The conference brought to- cific Islander American communities MAYORS’ SUMMIT ON ILLEGAL GUNS gether statewide APA community lead- in my own home State of Maryland and Whereas: 30,000 Americans across the coun- ers—from organizations such as the across the Nation. I recognize the ad- try are killed every year as a result of gun Asian Pacific Islanders California Ac- versity and discrimination so many violence, destroying families and commu- tion Network, Asian & Pacific Islander have faced and continue to face in nities in big cities and small towns; and American Health Forum, and Asian America, and I vow to continue to fight

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3979 to make sure all Asian Pacific Ameri- Using accrual accounting, the 2005 tion and infrastructure, savings and in- cans receive the equality they deserve Financial Report of the United States surance, and effective government. in all aspects of their lives. Government reported that the Govern- Under each pillar, the project promises Asian and Pacific Islander American ment is running a net operating deficit innovative ideas and a clear blueprint communities come from all different of $760 billion—more than 6 percent of to realize them. Already, the project countries of origin from China, Japan, our economy. Our foreign debt to GDP has proposed reducing the skills gap of Laos and the Philippines to Pakistan, ratio has not been this high since Gro- underprivileged school children and Vietnam, Korea, and many others. ver Cleveland was President in the late improving the effectiveness of our They have brought with them unique 19th century. teachers. They have put forward clear cultural traditions, religions and lan- We face the largest current account proposals to boost savings in America guages. And they make major con- deficit in history—more than $800 bil- and simplify taxes for the majority of tributions to all facets of our society lion. A rising China and India are test- Americans. from small businesses to giant corpora- ing our innovative capacity and the In the coming months, the Hamilton tions, from the government to the robustness of our manufacturing sec- Project will continue to roll out spe- front lines of battlefields, schools, ath- tor. cific policy proposals in each pillar. letics, law firms, hospitals, and count- We are also neglecting education and The project’s work so far promises less other arenas. For centuries, they the young minds that will define our clear-eyed, detailed plans for our most have helped make America what it is future successes. We have forgotten our pressing challenges. I look forward to today, and they continue to be an inte- research institutions that generate evaluating each proposal. I recommend gral part of the diverse American tap- ideas and spur innovation. We are that my colleagues take the time to do estry. abandoning the basic infrastructure the same. That is why I support comprehensive that buttresses our economic growth. Once again, I applaud those at the immigration reform and accessible, ef- We have let health care become a bur- Hamilton Project for their initiative. ficient immigration services to keep den rather than an asset. We have Our challenges may be daunting, but our borders open to the immigrants emptied our saving accounts and ne- we must all welcome the challenge. that continue to make their homes in glected investment. Upon accepting his nomination as America and contribute to our culture Like newly independent America, the Treasury Secretary centuries ago, United States today demands vision and economy. Hamilton understood the hugeness of Asian Pacific American Heritage and action. his task, saying: ‘‘I conceived myself to I have put forward a comprehensive Month is a reminder of the contribu- be under an obligation to lend my aid competitiveness initiative to address tions this community makes to our so- towards putting the machine in some these challenges. I have introduced ciety all year round. I will continue to regular motion.’’ Let us follow his lead. trade competitiveness legislation to And let us lend our aid, and keep this fight in the Senate for the needs of the make sure our trading partners play by great machine in motion. millions of Asian Pacific Americans the rules and give our companies and Mr. President, I ask unanimous con- that have made their home in this workers a fair shot a success. I have in- sent to have printed in the RECORD the country. troduced energy competitiveness legis- Executive Summary of the Hamilton f lation to promote innovation and re- Project’s strategy paper. THE HAMILTON PROJECT search and reduce our dependence on There being no objection, the mate- rial was ordered to be printed in the Mr. BAUCUS. Mr. President, America fossil fuels. I have also proposed savings competi- RECORD, as follows: has never lacked challenges, nor has it tiveness legislation to close the fiscal EXECUTIVE SUMMARY lacked the determination and inge- gap and encourage Americans to save. nuity to resolve them. We believe in America’s promise: that edu- Savings boosts investment and innova- cation and hard work can provide each indi- In our Nation’s very first hours, we tion. This week I will introduce legisla- vidual with the opportunity to advance and faced stark realities. Revolutionary tion to boost innovation by revamping allow each generation to do better than the War debts put the Treasury $79 million and making permanent the R&D tax one before. Today, however, that promise is in the red. States could not retire their credit. In the coming weeks, I will in- in jeopardy because our nation is neither paying its way nor investing adequately in debt. Our young Nation had no public troduce ambitious legislation on edu- credit. We also had no source of rev- its future. Our nation has failed to make the cation, health care, and international tough decisions required to advance oppor- enue—much less a means to collect it. tax competitiveness. And many Americans were as indebted tunity, prosperity, and growth over the years But I do not pretend to have all of and decades ahead. as their Government. The future held the answers. That is why today I would The Hamilton Project’s economic strategy promise, but the present was bleak. like to recognize another initiative reflects a judgment that long-term pros- America’s first Treasury Secretary, that embraces these competitiveness perity is best achieved by making economic Alexander Hamilton, embraced these challenges. It is an initiative that in- growth broad-based, by enhancing individual challenges. The day after his appoint- economic security, and by embracing a role vokes the vision and action of Alex- for effective government in making needed ment—a Saturday—he put in motion a ander Hamilton. This namesake initia- plan to get our economy on its feet. In public investments. The Project’s strategy— tive—the Hamilton Project—led by strikingly different from the theories driving his first weeks, he created a customs some of America’s brightest minds, is current economic policy—calls for fiscal dis- service to generate income, established clear in its vision and bold in the ac- cipline and for increased public investment a rudimentary coast guard for enforce- tion it promises. in key growth-enhancing areas. The Project ment, and laid the foundation for fruit- Based on principles—not politics— will put forward innovative policy ideas from ful trade relations with Britain. the Hamilton Project recognizes that leading economic thinkers throughout the These first weeks in office proved broad-based economic growth in Amer- United States—ideas based on experience and Hamilton a man of action. The years ica is stronger and more sustainable evidence, not ideology and doctrine—to in- that followed showed him a man of vi- troduce new, sometimes controversial, pol- than growth that accrues to a small icy options into the national debate with the sion. The Treasury Secretary authored segment of the population. The Ham- goal of improving our country’s economic the legendary Report on Public Credit, ilton Project recognizes that our Na- policy. the blueprint for America’s fiscal sys- tion can pursue economic security for Many options for addressing the fiscal tem. Not without controversy, his plan American workers and economic problem have been identified; the most consolidated debt and issued new growth simultaneously—and that both pressing need now is not new ideas, but bonds. He raised taxes and set up a na- can be mutually reinforcing. The Ham- greater political will and a bipartisan polit- tional central bank. The legacy of ilton Project recognizes that effective ical process. The president and the leaders of Hamilton’s plan endures today. both parties in both houses need to come to- government plays a critical role in fa- gether in a special process that recognizes Hamilton’s action and vision cilitating our Nation’s prosperity and the critical importance of these issues, ac- launched our Nation’s early prosperity. enhancing economic growth. knowledges differences in views, and works But today, we again face mounting These principles inform four pillars to reach common ground with joint political challenges. of action: education and work, innova- accountability.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3980 CONGRESSIONAL RECORD — SENATE May 3, 2006 The failure to invest wisely in sound poli- nomic security they need to be entrepre- S. 2550 will also help taxpayers to keep cies to promote economic growth is particu- neurial and invest in their own skills. their information private. By allowing free larly problematic in light of the growing Effective government: Government has a direct electronic filing with the IRS, tax- competition U.S. workers and firms face as limited but essential role in creating the payers will have the ability to bypass com- the people of China, India, and other nations conditions for growth in which all Americans mercial preparers that might exploit or rapidly enter the global economy. Signifi- can share. The Project will propose ways to share their personal, confidential tax infor- cant new intellectual work is needed to iden- increase government productivity and effi- mation for non-tax purposes. tify evidence- and experience-based policies ciency; realign government’s activities in re- We believe the IRS should have been re- to promote individual opportunity and sponse to changing circumstances; reform quired a long time ago to establish free di- strengthen America’s economy. government regulation so that it efficiently rect electronic filing. For many years, Amer- The Project will therefore reach across the guides private firms when necessary without icans have been able to apply for federal stu- country to encourage many of the nation’s unduly hampering them; and take measures dent financial aid on www.fafsa.ed.gov and leading thinkers to put forward new pro- to make the Project’s proposals budget-neu- Social Security retirement benefits at posals and will help bring those ideas to bear tral. www.ssa.gov. A free direct electronic filing on policy debates in a relevant and effective f program at www.irs.gov is long overdue. way. If you have any questions about this letter, Economic evidence and experience suggest FREE INTERNET FILING ACT please contact Chi Chi Wu. Thank you again three principles on which the Project’s eco- Mr. AKAKA. Mr. President, I con- for all your efforts to protect taxpayer nomic strategy is premised: tinue to advocate for the ability of tax- rights. Broad-based economic growth is stronger payers to file their taxes directly Sincerely, and more sustainable: Broad-based growth CHI CHI WU, will be stronger and more sustainable than through the Internal Revenue Service Web site without depending on com- Staff Attorney, Na- growth accruing disproportionately to a tional Consumer small segment of the population. When pub- mercial tax preparers. If a taxpayer has Law Center. lic policy excessively favors relatively few, taken the time to fill out their taxes JEAN ANN FOX, the economy misses out on opportunities for on their own, they should be provided Director of Consumer innovation and productivity by the many. with the opportunity to file electroni- Protection, Con- Economic security and economic growth cally through the IRS Web site without sumer Federation of can be mutually reinforcing: Not only does exposing their personal financial infor- America. economic growth increase economic secu- mation to a tax preparer or be sub- EDMUND MIERZWINSKI, rity, but economic security in turn can in- Consumer Program Di- crease economic growth—by enabling people jected to solicitations for other serv- ices or tax products. A bill that I intro- rector, U.S. Public to take the risks that promote growth (such Interest Research as starting a new business or investing in duced with my friend from New Mex- Group. their own education), by getting families ico, Senator BINGAMAN, S. 2550, the SUSANNA MONTEZEMOLO, back on their feet quickly after unexpected Free Internet Filing Act, requires that Policy Analyst, Con- shocks, and by lessening calls for growth-di- taxpayers be provided with the option sumers Union. minishing policies like closing our markets to directly e-file via the IRS Web site LINDA SHERRY, to competition. Director, National Pri- Effective government can enhance eco- without using commercial tax pre- orities, Consumer nomic growth: Markets are the cornerstone parers. I will continue to work with my Action. of economic growth, but government must colleagues to enact this needed legisla- invest in critical needs that market forces tion. Electronic returns help taxpayers f will not adequately meet—such as education, receive their refunds faster than mail- REMEMBERING J.A. TIBERTI infrastructure, and basic research. Govern- ing them in. This would also save the ment must rigorously seek efficiency, in- IRS resources and reduce possible er- Mr. ENSIGN. Mr. President, I pay creased productivity, and internal reform so rors that can occur when the mailed-in tribute to a great Nevadan whose pass- that it can most effectively target its poli- returns are transcribed. ing has saddened me and countless oth- cies to provide necessary services. ers in my State. I hope my colleagues To achieve the goal of strong, sustainable, Mr. President, I ask unanimous con- and broad-based economic growth, the sent that an additional letter of sup- will join me in offering their thoughts Project will identify and advance sound pol- port for S. 2550 from the National Con- and prayers to the family of J.A. icy ideas that rest upon four pillars: sumer Law Center, Consumer Federa- Tiberti. Education and work: The productive power tion of America, Consumers Union, Mr. Tiberti died yesterday. He had of the U.S. economy lies heavily with its U.S. Public Interest Research Group, called Nevada home since 1941. people. The Project will explore ways to im- and Consumer Action be printed in the I’m very proud to say J.A. Tiberti prove education—from prekindergarten RECORD. was my friend. But he was more than through graduate school—to equip America’s youth to succeed in the knowledge-based There being no objection, the mate- that. J.A. Tiberti was nothing less than economy; reform the nation’s job training rial was ordered to be printed in the a deep personal inspiration. He em- and vocational education system; and in- RECORD, as follows: bodied a bold, energetic, upbeat entre- crease work incentives for low-skilled work- APRIL 21, 2006. preneurial spirit. The type of spirit ers. Hon. DANIEL K. AKAKA, that built Nevada, the West, and this Innovation and infrastructure: Innovation U.S. Senate, country. The type of spirit that in- fuels growth, creates jobs, and expands eco- Washington, DC. spires and energizes brave thinkers and nomic opportunity. With global economic ac- EAR ENATOR KAKA D S A : The National Con- dreamers throughout America, and has tivity becoming increasingly dependent on sumer Law Center (on behalf of its low-in- technology, the Project will propose ways of come clients), Consumer Federation of done so since our Nation was formed. making more workers literate in science and America, Consumers Union, the U.S. Public Mr. Tiberti leaves behind not only engineering; adopting smarter incentives for Interest Research Group and Consumer Ac- one of the most proud and prominent private firms to undertake R&D and remov- tion write to support S. 2550, the ‘‘Free Inter- families in Nevada but also a legacy of ing barriers to private-sector innovation; in- net Filing Act.’’ Consumer groups have long vision and dreams for his community creasing the federal commitment to funda- advocated for what S. 2550 would provide— that will last, literally, for genera- mental scientific research; achieving energy the ability of taxpayers to electronically file tions. independence; and improving our nation’s their returns without the need for a third If you drive anywhere in southern physical infrastructure. party intermediary. Savings and insurance: The more security Enabling taxpayers to file electronically Nevada today, you will see homes, that people can achieve in their personal fi- directly with the Internal Revenue Service businesses, office buildings, and resorts nances—through both savings and social in- will benefit taxpayers tremendously. It will rising out of the desert and forming the surance—the more confidence they can place save taxpayers the fees charged by some fastest growing communities in Amer- in the future, making them more likely to commercial preparers for electronic filing. ica. These are all testaments to the al- seize opportunities and bounce back from ad- Unlike the current Free File program estab- lure of Nevada and the spirit of the verse events. The Project will be examining lished by the IRS, S. 2550 will provide tax- people who call it home. And on many topics such as shoring up health-care cov- payers with free electronic filing without erage and reducing health-care costs; cush- being subject to cross-marketing pitches for of those rising structures you will see ioning the economic shocks of job disloca- refund anticipation loans, mortgages and the Tiberti name. It is a testament to tion; and increasing retirement security—all other financial products which may not be in a man who dedicated his life to helping in an effort to provide people with the eco- their best interests. build his community.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3981 Tiberti Construction is one of the East Boston, Charlestown, and the his- officer of the law. Her contributions most successful and thriving businesses toric North End. His constituents and and dedication to law enforcement are in the country. At this moment, hun- colleagues regard him as a friend, as greatly appreciated and will serve as a dreds of students are pursuing higher does everyone who gathered together shining example of her legacy. education at the University of Nevada last night in Boston to mark this im- Californians are grateful for Deputy Las Vegas within walls and under roofs portant milestone in Paul’s career. A Rosa’s heroic service and the sacrifices built by Tiberti Construction. The men native of Boston’s North End, Paul has she made while serving the community and women of our military are training always been involved in his commu- and protecting the people she loved.∑ to defend our country at Nellis Air nity. He spent much of his youth play- f Force Base inside buildings erected by ing and coaching in various sports, in- TRIBUTE TO RHONDA SMITH J.A. Tiberti’s company. cluding Babe Ruth baseball, youth J.A. Tiberti’s generosity and philan- hockey, and basketball. After college, ∑ Mr. BUNNING. Mr. President, today I thropic efforts are well known and it was natural that this connection to pay tribute to Rhonda Smith of Padu- talked about by all who knew him, but his neighbors and their lives would lead cah, KY, for being recognized as one of never by Mr. Tiberti himself. His will- him to seek public office. As Council- Kentucky’s most generous volunteers. ingness to donate to causes close to his man, Paul focused on issues such as af- I congratulate her for recently being heart was matched by his reluctance to fordable housing, improved public edu- awarded the President’s Volunteer speak of them or try to gain publicity cation, and increased economic oppor- Service Award by the Department of for himself. It is remarkable that a tunities for all of Boston’s residents. Energy. man of such success and generosity was He proposed incentives for Boston driv- The President’s Volunteer Service also blessed with a humility that pre- ers to purchase hybrid vehicles, Award is issued by the President’s vented him from boasting of his accom- reached out to the seniors of his dis- Council on Service and Civic Participa- plishments and contributions. I will trict by participating in Seniors Count, tion on behalf of the President of the tell you, as a small example, that the and helped countless constituents ad- United States to recognize the best in alumni center and engineering complex dress the day-to-day problems that sur- American spirit and to encourage all at UNLV exist today because of J.A. face throughout Boston’s neighbor- Americans to improve their commu- Tiberti. hoods. nities through volunteer service and His humble nature was inherited Mr. President, while a chapter of civic participation. The award is given from his parents, hardworking immi- Paul’s public service will come to a to individuals, families, and groups grants from Italy who lived and worked close with his departure from the Bos- that have demonstrated outstanding in a coal mining camp. His father went ton City Council, I am thrilled that he volunteer service and civic participa- off to work in the mines at 2 a.m., will continue to be part of Boston’s fu- tion over the course of a 12-month pe- checking for dangerous gasses that ture through his work at ML Strate- riod. could put the other workers’ lives in gies. I extend to him my gratitude for Ms. Smith has served on the Paducah danger. his service and my best wishes as he, Site-Specific Advisory Board since When J.A. Tiberti began having suc- Kate, and their children move on to 2003, was elected chair in 2005, and will cess in the construction business his these new challenges.∑ begin serving her term later in 2006. values never left him. An interviewer f During her tenure on the board, she has devoted over 100 hours of community once asked him how he had achieved LOS ANGELES COUNTY SHERIFF success early on and, instead of citing service to the advisory board by tire- MARIA CECILIA ROSA: IN MEMO- business plans or wise investments, lessly providing help with DOE’s envi- RIAM J.A. Tiberti said it was honesty and ronmental restoration and waste man- sincerity that laid the groundwork for ∑ Mrs. BOXER. Mr. President, today I agement activities at the Paducah site. his business. rise to honor the memory of a dedi- I now ask my fellow colleagues to Two years ago, J.A. Tiberti was in- cated public servant, Sheriff Deputy join me in thanking Ms. Smith for her ducted into the Nevada Business Hall Maria Cecilia Rosa. Deputy Rosa spent dedication and commitment to DOE of Fame. He has served on too many nearly 6 years with the Los Angeles and Kentucky. In order for our society planning commissions, advisory County Sheriff’s Department, pro- to continue to advance in the right di- boards, finance committees, and pro- viding the citizens of California with rection, we must have volunteers like fessional societies to name here, and safety and service. On the morning of Rhonda Smith in our communities and his commitment to community service March 28, 2006, Deputy Rosa was shot in our lives. She is Kentucky at its fin- was recognized in 1987 when he was while in the city of Long Beach as she est.∑ named Most Distinguished Nevadan. prepared to leave for work at the In- f Today the Tiberti family is also mate Reception Center in downtown grounded in those values, and their Los Angeles. She subsequently died RECOGNIZING CALIFORNIA STATE success reflects the hard work and gen- from her injuries. UNIVERSITY, SAN BERNARDINO erosity of their patriarch. J.A. Tiberti Deputy Maria Rosa was well re- ON ITS 40TH ANNIVERSARY leaves behind six children, 21 grand- spected by her peers and received nu- ∑ Mrs. BOXER. Mr. President, I rise children, and six great-grandchildren. merous outstanding evaluations by her today to recognize California State I know they are proud to carry on the supervisors who described her as ‘‘a self University, San Bernardino, CSUSB. Tiberti name and, through our sadness starter’’ and an ‘‘outstanding Training This academic year, the campus cele- over his passing, we Nevadans are Officer.’’ Her attitude and performance brates its 40th anniversary. proud that he chose our state to raise were always top rate, and she was al- San Bernardino-Riverside State Col- his family and to call home. ways fair and courteous to everyone lege was founded in 1960 and was named f with whom she came in contact. Many California State College at San ADDITIONAL STATEMENTS describe her ‘‘wonderful sense of humor Bernardino when it opened on Sep- with an electric smile.’’ Colleagues tember 28, 1965. At that time, only 293 note that she was affable, yet tough, students were enrolled. In 1984, the TRIBUTE TO PAUL SCAPICCHIO and approached even the most mun- campus gained university status and ∑ Mr. KERRY. Mr. President, I am dane tasks with energy and enthu- became California State University, proud to join Massachusetts State Sen- siasm. San Bernardino. ate President Travaglini, Speaker of Deputy Rosa is survived by her sister Today, CSUSB can look back on 40 the House of Representatives DiMasi, Luz Maria Yanez and brothers Eduardo years of growth as a successful univer- Mayor Thomas Menino, the members and Maricelo Yanez. When she was not sity that has graduated more than and staff of the Boston City Council in on duty, Deputy Rosa loved to dance, 55,000 students, with an enrollment of celebrating the exemplary public serv- especially Salsa. She was extremely over 16,400, with about 3,500 annual ice performed by City Councilman Paul caring and always available to a friend. graduates. Additionally, Cal State San Scapicchio over the last 8 years. Deputy Maria Rosa served the State of Bernardino boasts of 5 academic col- Paul’s time in office has been defined California with honor and distinction leges, offering more than 70 degree and by a sustained love for the people of and honorably fulfilled her oath as an certificate programs.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3982 CONGRESSIONAL RECORD — SENATE May 3, 2006 Cal State San Bernardino is an asset H.R. 2720. An act to further the purposes of and for other purposes; to the Committee on to the local economy as well. The uni- the Reclamation Projects Authorization and Energy and Natural Resources. versity provides direct and indirect Adjustment Act of 1992 by directing the Sec- H.R. 3929. An act to amend the Water De- salination Act of 1996 to authorize the Sec- employment to approximately 10,000 retary of the Interior, acting through the Commissioner of Reclamation, to carry out retary of the Interior to assist in research people in the local region, supporting an assessment and demonstration program and development, environmental and feasi- healthy economic growth in the Inland to control salt cedar and Russian olive, and bility studies, and preliminary engineering Empire. for other purposes. for the Municipal Water District of Orange CSUSB is a leader in student diver- H.R. 3418. An act to amend the Reclama- County, California, Dana Point Desalination sity, with one of the most diverse stu- tion Wastewater and Groundwater Study and Project located at Dana Point, California; to dent bodies in the California State Uni- Facilities Act to authorize the Secretary of the Committee on Environment and Public the Interior to participate in the Central Works. versity system. The Robert V. Ful- H.R. 4101. An act to designate the facility lerton Art Museum, which is located on Texas Water Recycling and Reuse Project, and for other purposes. of the United States Postal Service located campus, is a significant cultural insti- H.R. 3929. An act to amend the Water De- at 170 East Main Street in Patchogue, New tution throughout all of southern Cali- salination Act of 1996 to authorize the Sec- York, as the ‘‘Lieutenant Michael P. Murphy fornia, bringing an important cultural retary of the Interior to assist in research Post Office Building’’; to the Committee on contribution with its impressive an- and development, environmental and feasi- Homeland Security and Governmental Af- cient and contemporary collections. bility studies, and preliminary engineering fairs. for the Municipal Water District of Orange H.R. 4674. An act to designate the facility CSUSB faculty and staff also provide of the United States Postal Service located County, California, Dana Point Desalination important research in the Inland Em- at 110 North Chestnut Street in Olathe, Kan- Project located at Dana Point, California. pire. The university has many research H.R. 4101. An act to designate the facility sas, as the ‘‘Governor John Anderson, Jr. Post Office Building’’; to the Committee on and service facilities that include the of the United States Postal Service located Homeland Security and Governmental Af- Water Resources Institute, Develop- at 170 East Main Street in Patchogue, New mental Disabilities Center, Institute of fairs. York, as the ‘‘Lieutenant Michael P. Murphy H.R. 4811. An act to designate the facility Applied Research, Diversity Institute, Post Office Building’’. of the United States Postal Service located H.R. 4674. An act to designate the facility Inland Empire Center for Entrepre- at 215 West Industrial Park Road in Har- neurship, International Institute, Ar- of the United States Postal Service located rison, Arkansas, as the ‘‘John Paul Hammer- rowhead Laboratory for Securities at 110 North Chestnut Street in Olathe, Kan- schmidt Post Office Building’’; to the Com- sas, as the ‘‘Governor John Anderson, Jr. mittee on Homeland Security and Govern- Analysis, Center for the Study of Hate Post Office Building’’. and Extremism, Institute for Child De- mental Affairs. H.R. 4811. An act to designate the facility H.R. 4995. An act to designate the facility velopment and Family Relations, Of- of the United States Postal Service located of the United States Postal Service located fice for the Commercialization of Ad- at 215 West Industrial Park Road in Har- at 7 Columbus Avenue in Tuckahoe, New vanced Technology, Office of National rison, Arkansas, as the ‘‘John Paul Hammer- York, as the ‘‘Ronald Bucca Post Office’’; to Excellence in Distance Learning, and schmidt Post Office Building’’. the Committee on Homeland Security and the Community-University Partner- H.R. 4995. An act to designate the facility Governmental Affairs. of the United States Postal Service located H.R. 5107. An act to designate the facility ship. at 7 Columbus Avenue in Tuckahoe, New While located in San Bernardino, the of the United States Postal Service located York, as the ‘‘Ronald Bucca Post Office’’. at 1400 West Jordan Street in Pensacola, university is working to provide higher H.R. 5107. An act to designate the facility Florida, as the ‘‘Earl D. Hutto Post Office education in the Coachella Valley, a of the United States Postal Service located Building’’; to the Committee on Homeland traditionally underserved area. The at 1400 West Jordan Street in Pensacola, Security and Governmental Affairs. university has built a branch campus Florida, as the ‘‘Earl D. Hutto Post Office The following concurrent resolution Building’’. in Palm Desert, which provides much was read, and referred as indicated: needed access to higher education in The message also announced that the H. Con. Res. 392. Concurrent resolution rec- this rapidly growing region. House has passed the following bill, ognizing the 58th anniversary of the inde- I applaud the service and dedication without amendment: pendence of the State of Israel; to the Com- of the staff and students of California S. 584. An act to require the Secretary of mittee on Foreign Relations. State University, San Bernardino as the Interior to allow the continued occu- f they celebrate 40 years of improving pancy and use of certain land and improve- MEASURES PLACED ON THE the education and lives of the people of ments within Rocky Mountain National CALENDAR the Inland Empire and desert region of Park. southern California.∑ The message further announced that The following bill was read the sec- the House has agreed to the following ond time, and placed on the calendar: f concurrent resolutions, in which it re- S. 2700. A bill to amend the Clean Air Act MESSAGES FROM THE PRESIDENT quests the concurrence of the Senate: to provide for a Federal Fuels List, and for Messages from the President of the H. Con. Res. 90. Concurrent resolution con- other purposes. United States were communicated to veying the sympathy of Congress to the fam- The following bill was read the first the Senate by Ms. Evans, one of his ilies of the young women murdered in the and second times by unanimous con- secretaries. State of Chihuahua, Mexico, and encour- sent, and placed on the calendar: aging increased United States involvement f H.R. 2720. An act to further the purposes of in bringing an end to these crimes. the Reclamation Projects Authorization and EXECUTIVE MESSAGES REFERRED H. Con. Res. 392. Concurrent resolution rec- Adjustment Act of 1992 by directing the Sec- ognizing the 58th anniversary of the inde- As in executive session the Presiding retary of the Interior, acting through the pendence of the State of Israel. Commissioner of Reclamation, to carry out Officer laid before the Senate messages The message also announced that the an assessment and demonstration program from the President of the United House agree to the amendment of the to control salt cedar and Russian olive, and States submitting sundry nominations Senate to the bill (H.R. 3351) to make for other purposes. and a withdrawal which were referred technical corrections to laws relating f to the appropriate committees. to Native Americans, and for other MEASURES READ THE FIRST TIME (The nominations received today are purposes. printed at the end of the Senate pro- The following bills were read the first ceedings.) f time: f MEASURES REFERRED S. 22. A bill to improve patient access to The following bills were read the first health care services and provide improved MESSAGES FROM THE HOUSE medical care by reducing the excessive bur- and the second times by unanimous den the liability system places on the health At 3:05 p.m., a message from the consent, and referred as indicated: House of Representatives, delivered by care delivery system. H.R. 3418. An act to amend the Reclama- S. 23. A bill to improve women’s access to Mr. Hays, one of its reading clerks, an- tion Wastewater and Groundwater Study and health care services and provide improved nounced that the House has passed the Facilities Act to authorize the Secretary of medical care by reducing the excessive bur- following bills, in which it requests the the Interior to participate in the Central den the liability system places on the deliv- concurrence of the Senate: Texas Water Recycling and Reuse Project, ery of obstetrical and gynecological services.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3983 EXECUTIVE AND OTHER Energy, transmitting, pursuant to law, the received on April 28, 2006; to the Committee COMMUNICATIONS Department’s Buy American Act Report for on Energy and Natural Resources. Fiscal Year 2005; to the Committee on En- EC–6674. A communication from the Assist- The following communications were ergy and Natural Resources. ant Secretary of the Army (Civil Works), laid before the Senate, together with EC–6663. A communication from the Ad- transmitting, a report of proposed legisla- accompanying papers, reports, and doc- ministrator, Energy Information Adminis- tion to improve hurricane and storm protec- uments, and were referred as indicated: tration, Department of Energy, transmit- tion in the greater New Orleans metropoli- EC–6652. A communication from the Sec- ting, pursuant to law, the Executive Sum- tan area; to the Committee on Environment retary of the Navy, transmitting, pursuant mary to the Energy Information Administra- and Public Works. EC–6675. A communication from the Assist- to law, the report of increases in the Pro- tion’s report entitled ‘‘Emissions of Green- ant Administrator, OARM, Environmental gram Acquisition Unit Cost or Average Pro- house Gases in the United States 2004’’; to Protection Agency, transmitting, pursuant curement Unit Cost of at least 30 percent to the Committee on Energy and Natural Re- to law, (3) reports relative to vacancy an- the ‘‘Original’’ Acquisition Program Baseline sources. EC–6664. A communication from the Ad- nouncements within the Agency, received on in the following programs: Expeditionary ministrator, Energy Information Adminis- May 1, 2006; to the Committee on Environ- Fighting Vehicle, F/A–18E/F, MH–60S, and tration, Department of Energy, transmit- ment and Public Works. Virginia Class submarine. Additionally, the ting, pursuant to law, the Summary to the EC–6676. A communication from the Fed- report of the cancellation of the Advanced Energy Information Administration’s report eral Co-Chairman, Delta Regional Authority Seal Delivery System Major Defense Acqui- entitled ‘‘Voluntary Reporting of Green- (DRA), transmitting, pursuant to law, the sition Program; to the Committee on Armed house Gases 2004’’; to the Committee on En- DRA’s Fiscal Year 2005 (FY05) Activities and Services. ergy and Natural Resources. Projects Report; to the Committee on Envi- EC–6653. A communication from the Under EC–6665. A communication from the Ad- ronment and Public Works. Secretary of Defense (Comptroller), trans- ministrator, Energy Information Adminis- EC–6677. A communication from the Prin- mitting, pursuant to law, the quarterly re- tration, Department of Energy, transmit- cipal Deputy Associate Administrator, Office port entitled ‘‘Acceptance of Contributions ting, pursuant to law, the Energy Informa- of Policy, Economics, and Innovation, Envi- for Defense Programs, Projects, and Activi- tion Administration’s report entitled ‘‘Per- ronmental Protection Agency, transmitting, ties; Defense Cooperation Account for the formance Profiles of Major Energy Producers pursuant to law, the report of a rule entitled Period Ending March 31, 2006’’; to the Com- 2004’’; to the Committee on Energy and Nat- ‘‘Approval and Promulgation of Implementa- mittee on Armed Services. ural Resources. tion Plans: Revisions to the Tennessee Nitro- EC–6654. A communication from the Under EC–6666. A communication from the Sec- gen Oxides Budget and Allowance Trading Secretary of Defense (Personnel and Readi- retary of Energy, transmitting, a report of Program’’ (FRL No. 8163–3) received on May ness), transmitting, the report of (2) officers proposed legislation to repeal subtitle J, 1, 2006; to the Committee on Environment authorized to wear the insignia of the next Ultra-Deepwater and Unconventional Nat- and Public Works. higher grade in accordance with title 10, ural Gas and Other Petroleum Resources, of EC–6678. A communication from the Prin- United States Code, section 777; to the Com- title IX of the Energy Policy Act of 2005; to cipal Deputy Associate Administrator, Office mittee on Armed Services. the Committee on Energy and Natural Re- of Policy, Economics, and Innovation, Envi- EC–6655. A communication from the Under sources. ronmental Protection Agency, transmitting, Secretary of Defense (Personnel and Readi- EC–6667. A communication from the Sec- pursuant to law, the report of a rule entitled ness), transmitting, the report of (2) officers retary of Energy, transmitting, a report of ‘‘Implementation of the Great Lakes Legacy authorized to wear the insignia of the grade proposed legislation to amend section 161k. Act of 2002’’ (FRL No. 8163–8) received on of brigadier general in accordance with title of the Atomic Energy Act of 1954 to provide May 1, 2006; to the Committee on Environ- 10, United States Code, section 777; to the executive protection authorities for the De- ment and Public Works. Committee on Armed Services. partment of Energy (DOE) Federal Executive EC–6679. A communication from the Prin- EC–6656. A communication from the Assist- Protection Detail; to the Committee on En- cipal Deputy Associate Administrator, Office ant Secretary of Defense (Health Affairs), ergy and Natural Resources. of Policy, Economics, and Innovation, Envi- transmitting, pursuant to law, the Depart- EC–6668. A communication from the Sec- ronmental Protection Agency, transmitting, ment of Defense Evaluation of the TRICARE retary of Energy, transmitting, pursuant to pursuant to law, the report of a rule entitled Program Fiscal Year (FY) 2006 Report; to the law, a report entitled ‘‘Cost and Performance ‘‘Missouri: Final Authorization of State Haz- Committee on Armed Services. Goals for the Office of Fossil Energy Coal- ardous Waste Management Program Revi- EC–6657. A communication from the Gen- Based Technologies’’; to the Committee on sions’’ (FRL No. 8163–4) received on May 1, eral Counsel of the Department of Defense, Energy and Natural Resources. 2006; to the Committee on Environment and transmitting, a report of proposed legisla- EC–6669. A communication from the Sec- Public Works. tion as part of the National Defense Author- retary of Energy, transmitting, pursuant to EC–6680. A communication from the Prin- ization Bill for Fiscal Year 2007; to the Com- law, the Annual Report for calendar year cipal Deputy Associate Administrator, Office mittee on Armed Services. 2005, entitled ‘‘Department of Energy Activi- of Policy, Economics, and Innovation, Envi- EC–6658. A communication from the Acting ties Relating to the Defense Nuclear Facili- ronmental Protection Agency, transmitting, Director, Defense Procurement and Acquisi- ties Safety Board’’; to the Committee on En- pursuant to law, the report of a rule entitled tion Policy, Department of Defense, trans- ergy and Natural Resources. ‘‘National Emission Standards for Hazardous mitting, pursuant to law, the report of a rule EC–6670. A communication from the Acting Air Pollutants; Delegation of Authority to entitled ‘‘Incremental Funding of Fixed- Secretary of the Interior, transmitting, pur- Texas’’ (FRL No. 8164–6) received on May 1, Price Contracts’’ (DFARS Case 1990–037) re- suant to law, a report entitled ‘‘Compacts of 2006; to the Committee on Environment and ceived on May 1, 2006; to the Committee on Free Association with the Federated States Public Works. Armed Services. of Micronesia and the Republic of the Mar- EC–6681. A communication from the Prin- EC–6659. A communication from the Acting shall Islands for Fiscal Year 2005’’; to the cipal Deputy Associate Administrator, Office Director, Defense Procurement and Acquisi- Committee on Energy and Natural Re- of Policy, Economics, and Innovation, Envi- tion Policy, Department of Defense, trans- sources. ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a rule EC–6671. A communication from the Assist- pursuant to law, the report of a rule entitled entitled ‘‘Prohibition of Foreign Taxation on ant Secretary, Fish and Wildlife and Parks, ‘‘Protection of Stratospheric Ozone: The 2006 U.S. Assistance Programs’’ (DFARS Case Department of the Interior, transmitting, Critical Use Exemption from the Phaseout of 2004–D012) received on May 1, 2006; to the the report of a draft bill entitled ‘‘National Methyl Bromide’’ (FRL No. 8163–1) received Committee on Armed Services. Park System Uniform Penalty Amendment on May 1, 2006; to the Committee on Envi- EC–6660. A communication from the Acting Act’’; to the Committee on Energy and Nat- ronment and Public Works. Director, Defense Procurement and Acquisi- ural Resources. EC–6682. A communication from the Direc- tion Policy, Department of Defense, trans- EC–6672. A communication from the Dep- tor, Office of Legislative Affairs, Federal De- mitting, pursuant to law, the report of a rule uty CHCO/Director, OHCM, Department of posit Insurance Corporation (FDIC), trans- entitled ‘‘Labor Laws’’ (DFARS Case 2003– Energy, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule D019) received on May 1, 2006; to the Com- report of a vacancy and the designation of an entitled ‘‘Deposit Insurance Regulations; In- mittee on Armed Services. acting officer for the position of Chief Finan- flation Index; Certain Retirement Accounts EC–6661. A communication from the Acting cial Officer, received on May 1, 2006; to the and Employee Benefit Accounts’’ (RIN3064– Director, Defense Procurement and Acquisi- Committee on Energy and Natural Re- AD01) received on May 1, 2006; to the Com- tion Policy, Department of Defense, trans- sources. mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, the report of a rule EC–6673. A communication from the Attor- fairs. entitled ‘‘Transition of Weapons-Related ney, Office of Assistant General Counsel for EC–6683. A communication from the Assist- Prototype Projects to Follow-On Contracts’’ Legislation and Regulatory Law, Depart- ant Attorney General, Office of Legislative (DFARS Case 2003–D106) received on May 1, ment of Energy, transmitting, pursuant to Affairs, Department of Justice, transmit- 2006; to the Committee on Armed Services. law, the report of a rule entitled ‘‘Energy ting, pursuant to law, a report relative to EC–6662. A communication from the Direc- Conservation Program: Test Procedures for Sections 1807 and 1862 of the Foreign Intel- tor, Office of Management, Department of Distribution Transformers’’ (RIN1904–AA85) ligence Surveillance Act of 1978 (the ‘‘Act’’),

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3984 CONGRESSIONAL RECORD — SENATE May 3, 2006 as amended, and Sections 106 and 118 of the bia, transmitting, pursuant to law, a report medical care by reducing the excessive bur- USA PATRIOT Improvement and Reauthor- on D.C. Act 16–348, ‘‘Non-Health Related Oc- den the liability system places on the deliv- ization Act, Pub. L. No. 109–177 (2006); to the cupations and Professions Licensure Amend- ery of obstetrical and gynecological services; Committee on the Judiciary. ment Act of 2006’’ received on May 1, 2006; to read the first time. EC–6684. A communication from the Assist- the Committee on Homeland Security and By Mr. SANTORUM (for himself, Mrs. ant Secretary, Legislative Affairs, Depart- Governmental Affairs. DOLE, and Ms. MURKOWSKI): ment of State, transmitting, pursuant to EC–6696. A communication from the Chair- S. 2701. A bill to amend the Internal Rev- law, the Department’s Buy American Act man of the Council of the District of Colum- enue Code of 1986 to provide a refundable Report for Fiscal Year 2005; to the Com- bia, transmitting, pursuant to law, a report credit for high deductible health plans for mittee on Homeland Security and Govern- on D.C. Act 16–349, ‘‘New Columbia Commu- uninsured individuals; to the Committee on mental Affairs. nity Land Trust 20th and Channing Streets, Finance. EC–6685. A communication from the Direc- N.E. Tax Exemption Act of 2006’’ received on By Mr. ALLARD (for himself and Mr. tor of Selective Service, transmitting, pursu- May 1, 2006; to the Committee on Homeland JOHNSON): ant to law, the Agency’s Buy American Act Security and Governmental Affairs. S. 2702. A bill to require the Secretary of Report for Fiscal Year 2005; to the Com- EC–6697. A communication from the Chair- Defense to carry out a program on the provi- mittee on Homeland Security and Govern- man of the Council of the District of Colum- sion of assistance to certain military fami- mental Affairs. bia, transmitting, pursuant to law, a report lies; to the Committee on Armed Services. EC–6686. A communication from the Direc- on D.C. Act 16–350, ‘‘Washington Metropoli- By Mr. SPECTER (for himself, Mr. tor, Financial Management, Government Ac- tan Area Transit Authority Fund Act of LEAHY, Mr. FRIST, Mr. REID, Mr. countability Office, transmitting, pursuant 2006’’ received on May 1, 2006; to the Com- GRASSLEY, Mr. KENNEDY, Mr. to law, the fiscal year 2005 annual report of mittee on Homeland Security and Govern- DEWINE, Mrs. FEINSTEIN, Mr. BROWN- the Comptrollers’ General Retirement Sys- mental Affairs. BACK, Mr. DURBIN, Mr. SCHUMER, Mr. tem; to the Committee on Homeland Secu- EC–6698. A communication from the Chair- WARNER, Mr. INOUYE, Mr. HAGEL, Mr. rity and Governmental Affairs. EC–6687. A communication from the Direc- man of the Council of the District of Colum- KERRY, Mr. CHAFEE, Mr. AKAKA, Mr. tor, Office of Personnel Management, trans- bia, transmitting, pursuant to law, a report ALLEN, Ms. LANDRIEU, Mr. OBAMA, mitting, pursuant to law, a report relative to on D.C. Act 16–351, ‘‘Closing of Public Alleys Mr. SALAZAR, and Mr. MENENDEZ): extended assignment incentives for the pe- in Square 743N, S.O. 04–12457, Act of 2006’’ re- S. 2703. A bill to amend the Voting Rights riod (May 2, 2003, through December 31, 2005); ceived on May 1, 2006; to the Committee on Act of 1965; to the Committee on the Judici- to the Committee on Homeland Security and Homeland Security and Governmental Af- ary. Governmental Affairs. fairs. By Mr. DEWINE (for himself, Mr. SPEC- EC–6688. A communication from the Chief EC–6699. A communication from the Chair- TER, Mrs. FEINSTEIN, Mr. BIDEN, Mr. Clinical Officer, Department of Mental man of the Council of the District of Colum- KERRY, Mrs. BOXER, Mr. SCHUMER, Health, District of Columbia, and the Pro- bia, transmitting, pursuant to law, a report Mr. NELSON of Florida, Mr. MENEN- fessor and Chairman, Department of Psychi- on D.C. Act 16–352, ‘‘District Department of DEZ, Mr. DODD, Mr. KENNEDY, Mr. atry, Director, Center for the Study of Trau- Transportation DC Circulator Temporary LAUTENBERG, Mr. DURBIN, and Mr. matic Stress, Uniformed Services University Amendment Act of 2006’’ received on May 1, LIEBERMAN): of the Health Sciences, transmitting, a 2006; to the Committee on Homeland Secu- S. 2704. A bill to revise and extend the Na- cdrom entitled ‘‘Code Yellow Code Orange: rity and Governmental Affairs. tional Police Athletic League Youth Enrich- How Will We Respond?’’; to the Committee EC–6700. A communication from the Chair- ment Act of 2000; to the Committee on the on Homeland Security and Governmental Af- man of the Council of the District of Colum- Judiciary. fairs. bia, transmitting, pursuant to law, a report By Mr. KYL: EC–6689. A communication from the Chair- on D.C. Act 16–354, ‘‘Oak Hill Construction S. 2705. A bill to suspend temporarily the man of the Council of the District of Colum- Streamlining Temporary Amendment Act of duty on Hexythiazox Technical; to the Com- bia, transmitting, pursuant to law, a report 2006’’ received on May 1, 2006; to the Com- mittee on Finance. on D.C. Act 16–342, ‘‘Closing of a Portion of a mittee on Homeland Security and Govern- By Mr. SANTORUM: Public Alley in Square 1030, S.O. 02–2103, Act mental Affairs. S. 2706. A bill to suspend temporarily the of 2006’’ received on May 1, 2006; to the Com- f duty on Dimethyl Disulfide (DMDS); to the mittee on Homeland Security and Govern- Committee on Finance. mental Affairs. REPORTS OF COMMITTEES By Mr. SUNUNU (for himself and Mrs. EC–6690. A communication from the Chair- The following reports of committees DOLE): man of the Council of the District of Colum- S. 2707. A bill to amend the United States bia, transmitting, pursuant to law, a report were submitted: Housing Act of 1937 to exempt qualified pub- on D.C. Act 16–343, ‘‘Financial Institutions By Mr. MCCAIN, from the Committee on lic housing agencies from the requirement of Deposit and Investment Act of 2006’’ received Indian Affairs, with amendments: preparing an annual public housing agency on May 1, 2006; to the Committee on Home- S. 1773. A bill to resolve certain Native plan; to the Committee on Banking, Hous- land Security and Governmental Affairs. American claims in New Mexico, and for ing, and Urban Affairs. EC–6691. A communication from the Chair- other purposes (Rept. No. 109–252). By Mr. AKAKA: man of the Council of the District of Colum- f S. 2708. A bill to amend title 38, United bia, transmitting, pursuant to law, a report States Code, to provide an enrollment pri- on D.C. Act 16–344, ‘‘Advisory Commission on INTRODUCTION OF BILLS AND ority for veterans, who are recipients of cer- Sentencing Amendment Act of 2006’’ received JOINT RESOLUTIONS tain medals for valor, in health care services on May 1, 2006; to the Committee on Home- provided by the Department of Veterans Af- land Security and Governmental Affairs. The following bills and joint resolu- fairs; to the Committee on Veterans’ Affairs. EC–6692. A communication from the Chair- tions were introduced, read the first man of the Council of the District of Colum- and second times by unanimous con- f bia, transmitting, pursuant to law, a report sent, and referred as indicated: on D.C. Act 16–345, ‘‘Government Facility Se- SUBMISSION OF CONCURRENT AND curity Amendment Act of 2006’’ received on By Mr. ENSIGN (for himself, Mr. SENATE RESOLUTIONS May 1, 2006; to the Committee on Homeland FRIST, Mr. GREGG, Mr. MCCONNELL, The following concurrent resolutions Mr. HATCH, Mr. SANTORUM, Mr. Security and Governmental Affairs. and Senate resolutions were read, and EC–6693. A communication from the Chair- DEMINT, Mr. INHOFE, Mr. BURNS, Mrs. man of the Council of the District of Colum- DOLE, Mr. CORNYN, Mr. VOINOVICH, referred (or acted upon), as indicated: bia, transmitting, pursuant to law, a report Mr. BURR, Mr. ALLARD, Mr. COBURN, By Mr. GRASSLEY (for himself, Mr. on D.C. Act 16–346, ‘‘Closing of a Portion of a and Mr. VITTER): BIDEN, and Mr. TALENT): Public Alley in Square 5230, S.O. 04–9922, Act S. 22. A bill to improve patient access to S. Res. 462. A resolution designating June of 2006’’ received on May 1, 2006; to the Com- health care services and provide improved 8, 2006, as the day of a National Vigil for Lost mittee on Homeland Security and Govern- medical care by reducing the excessive bur- Promise; to the Committee on the Judiciary. mental Affairs. den the liability system places on the health By Mr. FRIST (for himself, Mr. REID, EC–6694. A communication from the Chair- care delivery system; read the first time. Mr. VOINOVICH, Mr. COCHRAN, Mr. man of the Council of the District of Colum- By Mr. SANTORUM (for himself, Mr. VITTER, Mr. COLEMAN, Mr. SANTORUM, bia, transmitting, pursuant to law, a report GREGG, Mr. FRIST, Mr. MCCONNELL, Mr. KYL, Mr. LEVIN, Mr. LAUTENBERG, on D.C. Act 16–347, ‘‘Low-Emissions Motor Mr. ENSIGN, Mr. HATCH, Mr. INHOFE, Mr. NELSON of Florida, and Mr. Vehicle Tax Exemption Amendment Act of Mrs. DOLE, Mr. BURNS, Mr. TALENT, BIDEN): 2006’’ received on May 1, 2006; to the Com- Mr. VOINOVICH, Mr. BURR, Mr. COR- S. Res. 463. A resolution recognizing the mittee on Homeland Security and Govern- NYN, Mr. ALLARD, Mr. DEMINT, and 58th anniversary of the independence of the mental Affairs. Mr. VITTER): State of Israel; considered and agreed to. EC–6695. A communication from the Chair- S. 23. A bill to improve women’s access to By Mr. SMITH (for himself, Mrs. LIN- man of the Council of the District of Colum- health care services and provide improved COLN, Mrs. DOLE, Mr. DURBIN, Mr.

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BROWNBACK, Mr. KOHL, Mr. LAUTEN- S. 1330 S. 2039 BERG, and Mr. WYDEN): At the request of Mrs. CLINTON, the At the request of Mr. DURBIN, the S. Res. 464. A resolution designating June name of the Senator from Connecticut name of the Senator from Connecticut 7, 2006, as ‘‘National Hunger Awareness Day’’, and authorizing the Senate offices of (Mr. LIEBERMAN) was added as a co- (Mr. LIEBERMAN) was added as a co- Senators Gordon H. Smith, Blance L. Lin- sponsor of S. 1330, a bill to amend the sponsor of S. 2039, a bill to provide for coln, Elizabeth Dole, and Richard J. Durbin Internal Revenue Code of 1986 to pro- loan repayment for prosecutors and to collect donations of food during the period vide incentives for employer-provided public defenders. beginning May 8, 2006, and ending June 7, employee housing assistance, and for S. 2140 2006, from concerned Members of Congress other purposes. and staff to assist families suffering from At the request of Mr. HATCH, the S. 1508 hunger and food insecurity in the Wash- names of the Senator from Colorado ington, D.C., metropolitan area; considered At the request of Mr. FEINGOLD, the (Mr. ALLARD) and the Senator from and agreed to. name of the Senator from Iowa (Mr. Louisiana (Ms. LANDRIEU) were added By Mr. HARKIN: GRASSLEY) was added as a cosponsor of as cosponsors of S. 2140, a bill to en- S. Con. Res. 93. A concurrent resolution ex- S. 1508, a bill to require Senate can- hance protection of children from sex- pressing the sense of Congress with respect didates to file designations, state- ual exploitation by strengthening sec- to accomplishing the mission in Iraq; to the ments, and reports in electronic form. Committee on Foreign Relations. tion 2257 of title 18, United States S. 1741 Code, requiring producers of sexually f At the request of Mr. VOINOVICH, the explicit material to keep and permit ADDITIONAL COSPONSORS name of the Senator from Arkansas inspection of records regarding the age S. 558 (Mrs. LINCOLN) was added as a cospon- of performers, and for other purposes. At the request of Mr. REID, the name sor of S. 1741, a bill to amend the Rob- S. 2201 of the Senator from Ohio (Mr. DEWINE) ert T. Stafford Disaster Relief and At the request of Mr. OBAMA, the was added as a cosponsor of S. 558, a Emergency Assistance Act to authorize names of the Senator from West Vir- bill to amend title 10, United States the President to carry out a program ginia (Mr. BYRD) and the Senator from Code, to permit certain additional re- for the protection of the health and Delaware (Mr. BIDEN) were added as co- tired members of the Armed Forces safety of residents, workers, volun- sponsors of S. 2201, a bill to amend title who have a service-connected dis- teers, and others in a disaster area. 49, United States Code, to modify the ability to receive both disability com- S. 1862 mediation and implementation require- pensation from the Department of Vet- At the request of Mr. SMITH, the ments of section 40122 regarding erans Affairs for their disability and ei- name of the Senator from Illinois (Mr. changes in the Federal Aviation Ad- ther retired pay by reason of their OBAMA) was added as a cosponsor of S. ministration personnel management years of military service or Combat- 1862, a bill to establish a joint energy system, and for other purposes. cooperation program within the De- Related Special compensation and to S. 2250 partment of Energy to fund eligible eliminate the phase-in period under At the request of Mr. GRASSLEY, the ventures between United States and current law with respect to such con- name of the Senator from Idaho (Mr. Israeli businesses and academic per- current receipt. CRAIG) was added as a cosponsor of S. sons in the national interest, and for S. 828 2250, a bill to award a congressional other purposes. At the request of Mr. HARKIN, the gold medal to Dr. Norman E. Borlaug. names of the Senator from California S. 1864 S. 2339 (Mrs. FEINSTEIN) and the Senator from At the request of Mr. TALENT, the At the request of Mr. COBURN, the Michigan (Mr. LEVIN) were added as co- name of the Senator from Kansas (Mr. name of the Senator from Alabama sponsors of S. 828, a bill to enhance and ROBERTS) was added as a cosponsor of (Mr. SESSIONS) was added as a cospon- further research into paralysis and to S. 1864, a bill to amend the Internal sor of S. 2339, a bill to reauthorize the improve rehabilitation and the quality Revenue Code of 1986 to treat certain HIV Health Care Services Program of life for persons living with paralysis farming business machinery and equip- under title 26 of the Public Health and other physical disabilities, and for ment as 5-year property for purposes of Service Act. other purposes. depreciation. S. 2385 S. 1060 S. 1948 At the request of Mr. COLEMAN, the At the request of Mrs. CLINTON, the At the request of Mr. REID, the name name of the Senator from Illinois (Mr. names of the Senator from Massachu- of the Senator from Arkansas (Mrs. DURBIN) was added as a cosponsor of S. setts (Mr. KERRY) and the Senator from LINCOLN) was added as a cosponsor of S. 1060, a bill to amend the Internal Rev- Virginia (Mr. WARNER) were added as 2385, a bill to amend title 10, United enue Code of 1986 to allow a credit cosponsors of S. 1948, a bill to direct States Code, to expand eligibility for against income tax for the purchase of the Secretary of Transportation to Combat-Related Special Compensation hearing aids. issue regulations to reduce the inci- paid by the uniformed services in order to permit certain additional retired S. 1086 dence of child injury and death occur- members who have a service-connected At the request of Mr. HATCH, the ring inside or outside of passenger names of the Senator from North Da- motor vehicles, and for other purposes. disability to receive both disability compensation from the Department of kota (Mr. CONRAD) and the Senator S. 2019 Veterans Affairs for that disability and from Minnesota (Mr. DAYTON) were At the request of Mr. SMITH, the added as cosponsors of S. 1086, a bill to name of the Senator from Washington Combat-Related Special Compensation by reason of that disability. improve the national program to reg- (Ms. CANTWELL) was added as a cospon- ister and monitor individuals who com- sor of S. 2019, a bill to provide for a re- S. 2465 mit crimes against children or sex of- search program for remediation of At the request of Mrs. BOXER, the fenses. closed methamphetamine production name of the Senator from New Mexico S. 1272 laboratories, and for other purposes. (Mr. BINGAMAN) was added as a cospon- At the request of Mr. NELSON of Ne- S. 2025 sor of S. 2465, a bill to amend the For- braska, the name of the Senator from At the request of Mr. BAYH, the name eign Assistance Act of 1961 to provide Iowa (Mr. GRASSLEY) was added as a co- of the Senator from Arkansas (Mrs. increased assistance for the prevention, sponsor of S. 1272, a bill to amend title LINCOLN) was added as a cosponsor of S. treatment, and control of tuberculosis, 46, United States Code, and title II of 2025, a bill to promote the national se- and for other purposes. the Social Security Act to provide ben- curity and stability of the United S. 2480 efits to certain individuals who served States economy by reducing the de- At the request of Mr. BENNETT, the in the United States merchant marine pendence of the United States on oil name of the Senator from North Caro- (including the Army Transport Service through the use of alternative fuels lina (Mr. BURR) was added as a cospon- and the Naval Transport Service) dur- and new technology, and for other pur- sor of S. 2480, a bill to amend the Fair- ing World War II. poses. ness to Contact Lens Consumers Act

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3986 CONGRESSIONAL RECORD — SENATE May 3, 2006 with respect to the availability of con- AMENDMENT NO. 3597 Ms. MURKOWSKI. Mr. President, tact lenses. At the request of Mr. LUGAR, the this week, the first week of May, is Na- S. 2510 name of the Senator from Florida (Mr. tional Cover the Uninsured Week. Now At the request of Mr. DURBIN, the MARTINEZ) was added as a cosponsor of in its fourth year, it is the largest non- name of the Senator from Illinois (Mr. amendment No. 3597 proposed to H.R. partisan effort in our Nation’s history OBAMA) was added as a cosponsor of S. 4939, a bill making emergency supple- to raise awareness on the staggering 2510, a bill to establish a national mental appropriations for the fiscal numbers of Americans who do not have health program administered by the year ending September 30, 2006, and for health insurance. Office of Personnel Management to other purposes. Forty-six million Americans have no offer health benefits plans to individ- AMENDMENT NO. 3688 health insurance—including more than uals who are not Federal employees, At the request of Mr. BIDEN, his name 8 million children. In Alaska, 110,000 and for other purposes. was added as a cosponsor of amend- people do not have health insurance— ment No. 3688 proposed to H.R. 4939, a S. 2554 that is nearly 17 percent of our popu- bill making emergency supplemental lation. One-half of Alaska’s uninsured At the request of Mr. ENSIGN, the appropriations for the fiscal year end- name of the Senator from Colorado live in a household with a least one ing September 30, 2006, and for other child. (Mr. ALLARD) was added as a cosponsor purposes. of S. 2554, a bill to amend the Internal Being uninsured too often means At the request of Mr. DODD, his name going without needed care—and minor Revenue Code of 1986 to expand the per- was added as a cosponsor of amend- illnesses can become major ones simply missible use of health savings accounts ment No. 3688 proposed to H.R. 4939, because health care is delayed. Over a to include premiums for non-group supra. high deductible health plan coverage. third of Alaska’s uninsured reported AMENDMENT NO. 3717 that they didn’t seek medical care for S. 2653 At the request of Mr. BIDEN, the themselves or their family when it was At the request of Mr. STEVENS, the names of the Senator from Vermont needed. Why? Because they couldn’t af- name of the Senator from Kansas (Mr. (Mr. LEAHY), the Senator from New ford it. An estimated 18,000 uninsured ROBERTS) was added as a cosponsor of Mexico (Mr. BINGAMAN) and the Sen- Americans die each year because they S. 2653, a bill to direct the Federal ator from Illinois (Mr. OBAMA) were received too little care, too late. Communications Commission to make added as cosponsors of amendment No. efforts to reduce telephone rates for 3717 proposed to H.R. 4939, a bill mak- Most of these individuals and fami- Armed Forces personnel deployed over- ing emergency supplemental appropria- lies are hard-working Americans—just seas. tions for the fiscal year ending Sep- making it from paycheck to paycheck. tember 30, 2006, and for other purposes. In fact, 8 out of 10 of uninsured Ameri- S. 2658 cans either work or are in working AMENDMENT NO. 3719 At the request of Mr. BOND, the families. At the request of Mr. BIDEN, the names of the Senator from Alaska (Mr. To help those working families, I join STEVENS) and the Senator from Iowa names of the Senator from Kansas (Mr. Senator SANTORUM and Senator DOLE BROWNBACK), the Senator from (Mr. GRASSLEY) were added as cospon- in introducing the Helping Working Vermont (Mr. LEAHY), the Senator sors of S. 2658, a bill to amend title 10, Americans Afford Health Coverage Act United States Code, to enhance the na- from Massachusetts (Mr. KENNEDY) and the Senator from New Jersey (Mr. of 2006. The goal of this bill is to make tional defense through empowerment health coverage more affordable and of the Chief of the National Guard Bu- MENENDEZ) were added as cosponsors of amendment No. 3719 proposed to H.R. accessible to the working populations reau and the enhancement of the func- with the greatest needs. tions of the National Guard Bureau, 4939, a bill making emergency supple- This bill creates a progressive, re- and for other purposes. mental appropriations for the fiscal fundable health care tax credit tar- At the request of Mr. LEAHY, the year ending September 30, 2006, and for geted toward low- and moderate-in- names of the Senator from Hawaii (Mr. other purposes. come individuals and families which INOUYE), the Senator from Montana AMENDMENT NO. 3777 can be used for health savings account- (Mr. BAUCUS), the Senator from Illinois At the request of Mr. MENENDEZ, the eligible health insurance. Recent stud- (Mr. DURBIN), the Senator from Mary- names of the Senator from Kansas (Mr. ies show that low- and moderate-in- land (Ms. MIKULSKI), the Senator from BROWNBACK), the Senator from Cali- come Americans and those previously Iowa (Mr. HARKIN), and the Senator fornia (Mrs. FEINSTEIN) and the Sen- uninsured are enrolling in health sav- from Hawaii (Mr. AKAKA) were added as ator from Wisconsin (Mr. FEINGOLD) ings accounts or HSAs. More than one- cosponsors of S. 2658, supra. were added as cosponsors of amend- third of HSA purchasers last year had S. CON. RES. 91 ment No. 3777 proposed to H.R. 4939, a bill making emergency supplemental incomes under $50,000 per year, and At the request of Mr. REID, his name appropriations for the fiscal year end- one-third of individual HSA purchasers was added as a cosponsor of S. Con. last year were previously uninsured. Res. 91, a concurrent resolution ex- ing September 30, 2006, and for other purposes. Specifically, the refundable tax cred- pressing the sense of Congress that the it would provide a subsidy of up to 90 President should posthumously award AMENDMENT NO. 3805 At the request of Mr. BENNETT, the percent of the cost of health care cov- the Presidential Medal of Freedom to erage, up to a maximum credit of $1,000 Leroy Robert ‘‘Satchel’’ Paige. name of the Senator from Louisiana (Ms. LANDRIEU) was added as a cospon- per adult and up to $3,000 for a family. S. RES. 458 sor of amendment No. 3805 intended to Additionally, the credit will be At the request of Mr. ALEXANDER, the be proposed to H.R. 4939, a bill making advanceable so that an individual or name of the Senator from Virginia (Mr. emergency supplemental appropria- family would not have to wait to be re- WARNER) was added as a cosponsor of S. tions for the fiscal year ending Sep- imbursed to purchase coverage. Res. 458, a resolution affirming that tember 30, 2006, and for other purposes. This bill also contains an important statements of national unity, including provision to address the higher health f the National Anthem, should be recited care costs and higher poverty levels in or sung in English. STATEMENTS ON INTRODUCED the noncontiguous States of Alaska AMENDMENT NO. 3592 BILLS AND JOINT RESOLUTIONS and Hawaii. In Alaska, the qualifying At the request of Mr. REED, the name By Mr. SANTORUM (for himself, income thresholds for both individual of the Senator from Rhode Island (Mr. Mrs. DOLE, and Ms. MUR- Alaskans and Alaskan families are in- CHAFEE) was added as a cosponsor of KOWSKI): creased by 25 percent. amendment No. 3592 intended to be pro- S. 2701. A bill to amend the Internal Though the Helping Working Ameri- posed to H.R. 4939, a bill making emer- Revenue Code of 1986 to provide a re- cans Afford Health Coverage Act is not gency supplemental appropriations for fundable credit for high deductible as comprehensive as S. 160, the SAVE the fiscal year ending September 30, health plans for uninsured individuals; Act, Securing Access, Value and Equal- 2006, and for other purposes. to the Committee on Finance. ity Act—legislation that I introduced

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3987 earlier in the Congress—it is still an The Voting Rights Act of 1965 was bia. In doing so, Section 5 combats the important first step in addressing the the result of an historic struggle for practices in these jurisdictions of shift- needs of the uninsured. civil rights led by such American he- ing from one invalidated discrimina- The National Association of Health roes as Dr. Martin Luther King, Jr., tory tactic to another, which had un- Underwriters states that this bill ‘‘will Coretta Scott King and Rosa Parks, dermined earlier efforts to enforce 15th provide much needed relief by pro- who refused to be treated as second- Amendment guarantees. viding a refundable tax credit that can class citizens. That struggle reached a We have made significant progress be used for both their health insurance crucial turning point on March 7, 1965, toward a more inclusive democracy policy premiums and as a deposit into on the Edmund Pettis Bridge in Selma, over the past four decades since the en- their HSA account This (bill) will pro- AL, when State troopers brutally at- actment of the Voting Rights Act in vide individuals with ready access to tacked JOHN LEWIS and his fellow civil 1965. However, I fear that if we fail to health care while encouraging them to rights marchers who were fighting for reauthorize the expiring provisions of become more engaged in the process of their right to vote. the Voting Rights Act, our country is obtaining health care.’’ The events of that day, now known as likely to backslide. We must make sure Mr. President, helping Americans af- ‘‘Bloody Sunday,’’ were captured in those gains do not suffer the same fate ford insurance saves money in the long newspapers and on televisions across as the gains in voting rights made dur- run. Between $65 billion and $130 billion the country, and those powerful images ing Reconstruction. of public health dollars are spent on marked a crucial turning point in se- After the Civil War, the Reconstruc- treating acute patients. Much of this curing the right to vote for all Ameri- tion Act promised that the guarantees could be saved if only those individuals cans. A few days after the violence of of the 15th Amendment would be real- received preventative care. Bloody Sunday, President Lyndon ized. Between 1870 and 1900, 22 African Making health insurance more af- Johnson outlined the proposed Voting Americans served in the United States fordable will make a real difference to Rights Act of 1965, before a joint ses- Congress. In 1868, Louisiana elected an the Nation’s physical and economic sion of Congress. Within months, Con- African-American Lieutenant Gov- health. I am proud of Alaskans and all gress passed it so that the Constitu- ernor, Oscar Dunn, and 87 African Americans who have united during Na- tion’s guarantees of equal access to the Americans held seats in the South tional Cover the Uninsured Week and electoral process, regardless of race, Carolina legislature. However, these are bringing attention to this national would not be undermined by discrimi- Reconstruction-era gains in African- health care crisis. I ask my colleagues natory practices. American voting and representation to take an important step in helping The enactment of the Voting Rights proved to be short-lived. Following the the uninsured by supporting the Help- Act in 1965 transformed the landscape end of Reconstruction, the rights of Af- ing Working Americans Afford Health of political inclusion. Prior to the Act, rican Americans to vote and to hold of- Insurance Act of 2006. minorities of all races faced major bar- fice were virtually eliminated in many By Mr. SPECTER (for himself, riers to participation in the political areas through discriminatory legal bar- process, through the use of such de- riers, intimidation, and violence. The Mr. LEAHY, Mr. FRIST, Mr. vices as poll taxes, exclusionary pri- changes were swift, systematic and se- REID, Mr. GRASSLEY, Mr. KEN- maries, intimidation by voting offi- vere. By 1896, Representative George NEDY, Mr. DEWINE, Mrs. FEIN- cials, language barriers, and system- White of North Carolina was the only STEIN, Mr. BROWNBACK, Mr. atic vote dilution. We have made great African American remaining in the DURBIN, Mr. SCHUMER, Mr. WAR- gains since that time, but our work is U.S. Congress, and it would take 72 NER, Mr. INOUYE, Mr. HAGEL, not finished. The record established in years after Representative White left Mr. KERRY, Mr. CHAFEE, Mr. 10 hearings in the House of Representa- Congress for African-American voters AKAKA, Mr. ALLEN, Ms. LAN- tives indicates that the tools provided in the South to elect another candidate DRIEU, Mr. OBAMA, Mr. SALA- by the expiring provisions of the Vot- of their choice to Congress. ZAR, and Mr. MENENDEZ): S. 2703. A bill to amend the Voting ing Rights Act remain necessary for In Mississippi, the percentage of Afri- Rights Act of 1965; to the Committee protecting the voting rights of minor- can-American voting-age men reg- on the Judiciary. ity Americans in this country. istered to vote fell from more than 90 Mr. LEAHY. Mr. President, I am Among the Act’s most critical pro- percent during Reconstruction to less pleased to join the chairmen of both tections are the pre-clearance provi- than 6 percent in 1892. Between 1896 and the Senate and House Judiciary Com- sions of Section 5, which prevent dis- 1900, the number of African-American mittees, the ranking member of the criminatory laws from going into prac- voters in Louisiana was reduced from House Judiciary Committee, the Demo- tice. The Voting Rights Act Reauthor- 130,000 to a mere 5,000. Unlike their cratic and Republican leaders of both ization and Amendments Act of 2006 short-lived gains made during Recon- the Senate and the House of Represent- would extend these protections for 25 struction, African-American voters’ ex- atives, and members of Congress from years, retaining the most effective clusion from the ballot box was per- both parties to introduce a bill to reau- measures to fight certain kinds of per- sistent. Only 3 percent of voting-age thorize and reinvigorate the temporary vasive and recurring discrimination. African-American men and women in provisions of the Voting Rights Act of The insidious discriminatory tactics the South were registered to vote in 1965. The bicameral, bipartisan intro- that led to the original Voting Rights 1940, only 1 percent in Mississippi—just duction of this bill reflects not only its Act were deeply rooted. In the annals 1 percent. These numbers are stag- historic importance as a guarantor of of our Nation, this fight dates back al- gering, and they provide a history les- the right to vote for all Americans, but most 100 years, to the ratification of son we should not ignore. also the broad consensus that the ex- the 15th Amendment in 1870, the last of As part of the Voting Rights Act re- piring provisions must be extended this the post-Civil War Reconstruction authorization in 1975, Congress added year without delay. amendments. It took implementation Section 203, which requires bilingual There are few things as critical to of the Voting Rights Act of 1965 for voting assistance for certain language our Nation, and to American citizen- people of all races in many parts of our minority groups. This provision was ship, as voting. Like the rights guaran- country to gain the effective exercise enacted pursuant to congressional teed by the First Amendment, the of rights guaranteed 95 years earlier by power to enforce the 14th and 15th right to vote is foundational because it the 15th Amendment. The pre-clear- Amendments. Section 203 has been a secures the effective exercise of all ance provisions were one of the pri- key factor to expanding the inclusive- other rights. As people are able to reg- mary reasons this Act succeeded where ness of democracy to all citizens and ister, vote, and elect candidates of earlier attempts had failed. Section 5 has led to extraordinary gains in rep- their choice, their interests and rights requires certain covered jurisdictions resentation and participation made by get attention. The very legitimacy of with a history of discrimination to pre- Asian-American and Hispanic-Amer- our government is dependent on the ac- clear all voting changes with either the ican citizens. Like Section 5, Section cess all Americans have to the political Department of Justice or the U.S. Dis- 203 is expiring in 2007. The Voting process. trict Court for the District of Colum- Rights Act Reauthorization and

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3988 CONGRESSIONAL RECORD — SENATE May 3, 2006 Amendments Act of 2006 would extend fixes both of these problems by restor- tion was reported by the Judiciary these critical protections for 25 years. ing the original understanding that the Committee and passed both houses of Hispanic-American populations have purpose of the Voting Rights Act is to Congress. I am hopeful that our Com- been one of the primary minority lan- protect the minority community’s abil- mittee can accomplish the work that guage groups to benefit from the pro- ity to elect their preferred candidates needs to be done and report this bill to tections of the bilingual provisions of of choice and by setting forth defined the full Senate before the Memorial the Voting Rights Act. For example ef- factors. Day recess. fective implementation of the bilingual In addition to restoring the Act’s The Voting Rights Act of 1965 is one provisions in San Diego County, CA, original meaning, this Act makes of the most important laws Congress helped increase voter registration by changes to the expiring Federal exam- has ever passed, helping to usher the more than 20 percent. And voter turn- iners and observers provisions to better country out of a history of discrimina- out among Hispanic Americans in New allocate resources for combating dis- tion and into the greater inclusion of Mexico rose 26 percent between 2000 crimination in voting. The Voting all Americans in the decisions about and 2004 after television and radio Rights Act provides for Federal exam- our Nation’s future. Our democracy spots in Spanish educated listeners iners to ensure that legally qualified and our Nation have been better and about voter registration and absentee persons are free to register for Federal, richer for it. While I hope some day ballots. State, and local elections and that ob- these extraordinary remedies are not Voting rights belong to people who servers to observe whether citizens who needed, I urge the Senate to build on are American citizens. They are trying are eligible to vote are able to exercise the work done in the House of Rep- to vote but many of them are strug- the right to vote. Federal observers are resentatives to extend the expiring pro- gling with the English language due to the most frequently used federal over- visions so that we can eliminate recur- disparities in education and the incre- sight tool in voting and the only Fed- ring discrimination and make sure that mental process of learning. It is imper- eral officials authorized to enter polls the gains we have made are not lost. I ative that all citizens be able to fully and places where votes are tabulated. am heartened that this is not a par- exercise their rights as citizens, par- This Act eliminates Federal examiners tisan issue benefiting one party or an- ticularly a right as fundamental as the because they have not been appointed other. Rather, as demonstrated by the right to vote. Renewing the expiring to jurisdictions certified for coverage bicameral and bipartisan process we language provisions of the Voting in more than 20 years, and other laws continue for reauthorizing and revital- Rights Act will continue to help make such as the Help America Vote Act now izing the Act’s expiring provisions, this that a reality. address the concern of voting rolls. At is about making our democracy reflect Rather than merely extending the the same time, the bill strengthens the the will of all of the American people. Voting Rights Act, Congress now has observers provisions to allow the as- an opportunity to reinvigorate the Act, signment of federal observers upon By Mr. DEWINE (for himself, Mr. strengthening and improving its rem- finding that there is a reasonable belief SPECTER, Mrs. FEINSTEIN, Mr. edies. The Voting Rights Act Reau- that a violation of the 14th or 15th BIDEN, Mr. KERRY, Mrs. BOXER, thorization and Amendments Act of Amendments will occur, without hav- Mr. SCHUMER, Mr. NELSON of 2006 does so by clarifying certain parts ing to first certify federal examiners. Florida, Mr. MENENDEZ, Mr. of Section 5 to give clear guidance to The Voting Rights Act Reauthoriza- DODD, Mr. KENNEDY, Mr. LAU- the Courts and to restore the original tion and Amendment Act also removes TENBERG, Mr. DURBIN, and Mr. understanding of the Act. Two recent an impediment to effective protection LIEBERMAN): Supreme Court decisions have signifi- of voting rights by authorizing the pre- S. 2704. A bill to revise and extend cantly narrowed Section 5’s effective- vailing party in a lawsuit brought the National Police Athletic League ness and undermined the purposes of under Section 2 to recover expert costs Youth Enrichment Act of 2000; to the the Act. as part of the attorney fees already au- Committee on the Judiciary. The Voting Rights Act Reauthoriza- thorized. This will have a significant Mr. DEWINE. Mr. President, today I tion and Amendments Act of 2006 rem- impact on the ability of litigants to join Senators SPECTER, FEINSTEIN, edies the Supreme Court’s holding in successfully combat discrimination in BIDEN, KERRY, BOXER, SCHUMER, NEL- Reno v. Bossier Parish, by making court. SON of Florida, MENENDEZ, DODD, KEN- clear that a voting rule change moti- The process of reauthorization began NEDY, LAUTENBERG, DURBIN, and LIE- vated by any discriminatory purpose in the House of Representatives, where BERMAN to introduce a bill to reauthor- violates Section 5. Under the holding in Representatives NADLER, CHABOT and ize the Police Athletic/Activities Reno v. Bossier Parish, certain voting WATT presided over 10 hearings on the League, better known as PAL. These rule changes passed with the intent to effectiveness and continuing need for local youth crime prevention pro- discriminate against minorities could the expiring provisions of the Voting grams, run by police officers nation- pass Section 5 muster. Because such an Rights Act. Last week, the distin- wide, provide after-school educational, interpretation is inconsistent with pur- guished House Judiciary chairman and athletic, and recreational opportuni- poses of the Voting Rights Act to ranking member appeared before the ties for the communities they serve. eliminate discriminatory tactics that Senate Judiciary Committee and intro- The first PAL chapter was founded in undermine the guarantees of the 15th duced the extensive record from those the 1910s in New York. The growth Amendment, the Voting Rights Act Re- hearings. I am grateful for the hard since then has been tremendous, and authorization and Amendments Act work that has been done in the House, there are now over 330 PAL chapters in fixes this inconsistency by clarifying and I want to thank Chairman SPECTER 38 States, DC, the Virgin Islands, Can- that a voting rule change motivated by for agreeing to move forward promptly ada, and Nigeria, serving approxi- any discriminatory purpose also can- with Senate Judiciary Committee mately 2 million children between the not be pre-cleared. hearings on the expiring provisions. ages of 5 and 18. In my own home State The Voting Rights Act Reauthoriza- Congress has reauthorized and revi- of Ohio, we are fortunate enough to tion and Amendments Act of 2006 also talized the Act four times, each time have 28 of these outstanding organiza- remedies the Supreme Court’s holding with overwhelmingly bipartisan sup- tions. in Georgia v. Ashcroft. Under the test port. As I noted last week in wel- Studies conducted in Eastlake, OH, established in Georgia for assessing a coming the House Judiciary chairman and Portland, OR, have shown a sub- jurisdiction’s challenge to denial of and ranking member, we are repeating stantial drop in the juvenile crime rate Section 5 pre-clearance, the court can the bicameral and bipartisan process of in those two cities upon the creation of give greater weight to numerous unde- the 1982 reauthorization. In 1982, Chair- a PAL chapter. These chapters make a fined considerations than to the ability man SPECTER and I were both Members point to serve those most in need. For of a minority community to elect a of the Judiciary Committee, along with example, 50 percent of the kids in- candidate of its choice. This test is as Senators KENNEDY, BIDEN, HATCH and volved in the 28 Ohio chapters come difficult to administer as it is contrary GRASSLEY. Under the chairmanship of from families with a median income of to the purposes of the Act. This act Senator Strom Thurmond, reauthoriza- less than $20,000.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3989 PAL chapters provide kids with a (4) in paragraph (4), by striking ‘‘82 per- Mr. AKAKA. Mr. President, I rise wide range of activities. One chapter in cent’’ and inserting ‘‘85 percent’’; today on behalf of our Nation’s vet- Ohio, for instance—the Chillicothe- (5) in paragraph (5), in the second sentence, erans and military heroes to introduce Ross County Police Athletic League— by striking ‘‘receive no’’ and inserting ‘‘rare- ly receive’’; the ‘‘Heroes Healthcare Eligibility Act has offered dances, films, rap contests, (6) in paragraph (6), by striking ‘‘17 are at of 2006.’’ This legislation would recog- and programs in archery, art, basket- risk’’ and inserting ‘‘18 are at risk’’; and nize the sacrifices and contributions of ball, bowling, boxing, computers, cook- (7) in paragraph (7), by striking ‘‘1999’’ and our Nation’s military heroes by ensur- ing, CPR, fishing, fitness, lacrosse, nu- inserting ‘‘2005’’. ing that our military heroes have full trition, paint ball, running, tumbling, SEC. 3. PURPOSE. access to VA health care. volleyball, and weightlifting. Other Section 3 of the National Police Athletic chapters around the country have of- League Youth Enrichment Act of 2000 (42 Since January 2003, the Secretary of fered programs like chess, flag football, U.S.C. 13751 note) is amended— Veterans Affairs has used his authority junior golf, homework clubs and hydro- (1) in paragraph (1)— under current law to prohibit Priority ponic gardening. In addition—through (A) by striking ‘‘320 established PAL chap- 8 veterans from enrolling in the VA ters’’ and inserting ‘‘342 established PAL their Youth Leadership Council—PALs chapters’’; and health care system. Priority 8 veterans provide a setting for kids to learn im- (B) by striking ‘‘and’’ at the end; are those with no service-connected portant skills to assist them in becom- (2) in paragraph (2), by striking ‘‘2006.’’ and disability and have an income of over ing the leaders of tomorrow. inserting ‘‘2010; and’’; and $26,902. To date, more than 260,000 of But, the Police Athletic/Activities (3) by adding at the end the following: these supposed ‘‘middle-income’’ vet- League does more than merely provide ‘‘(3) support of an annual gathering of PAL erans have been turned away from the after-school activities to kids who may chapters and designated youth leaders from VA health care system. not otherwise have access to tutoring such chapters to participate in a 3-day con- or athletic facilities. PAL provides ference that addresses national and local I was dismayed to learn that the them with mentors and positive role issues impacting the youth of America and group of Priority 8 veterans may in- includes educational sessions to advance models. In addition, PAL programs character and leadership skills.’’. clude thousands of war heroes, who help teach kids that their relationship SEC. 4. GRANTS AUTHORIZED. were awarded medals for valor in com- with law enforcement need not be one Section 5 of the National Police Athletic bat but are ineligible for health care that is ‘‘us vs. them;’’ instead, to quote League Youth Enrichment Act of 2000 (42 because of income limitations. Lou National PAL, itself, the relationship U.S.C. 13751 note) is amended— Green, a Korean war veteran and vet- can be one of ‘‘cops and kids together— (1) in subsection (a), by striking ‘‘2001 erans advocate, brought a case to my providing solutions through sports and through 2005’’ and inserting ‘‘2006 through attention where a multiple Silver Star 2010’’; and education.’’ award winner was denied access to The money provided by this reau- (2) in subsection (b)(1)(B), by striking ‘‘not care. This particular veteran had in- thorization bill would enable PAL pro- less than 570 PAL chapters in operation be- fore January 1, 2004’’ and inserting ‘‘not come just slightly above the means grams to continue their current pro- fewer than 500 PAL chapters in operation be- test limit but was told that his award grams and also expand—at a rate of 50 fore January 1, 2010’’. chapters per year—into areas where ‘‘meant nothing’’ for getting VA health SEC. 5. USE OF FUNDS. care. kids can truly benefit from the good Section 6(a)(2) of the National Police Ath- work of the PAL. letic League Youth Enrichment Act of 2000 This bill would recognize those vet- The PAL has been a success for over (42 U.S.C. 13751 note) is amended— erans who have been awarded the Sil- 90 years, and the Senate consistently (1) in the matter preceding subparagraph ver Star Medal or higher for valor and has supported this outstanding organi- (A), by striking ‘‘four’’ and inserting ‘‘two’’; give them access to VA health care on and zation. We passed the National Police par with former POWs; service con- Athletic League Youth Enrichment (2) in subparagraph (A)— (A) in the matter preceding clause (i), by nected veterans rated 10 percent or 20 Act of 2000 by unanimous consent, and striking ‘‘two programs’’ and inserting ‘‘one percent disabled and all those who have I urge my colleagues to continue to program’’; received a Purple Heart. From World support the PAL with this reauthoriza- (B) in clause (iii), by striking ‘‘or’’; War II to present, more than 134,000 tion. (C) in clause (iv), by striking ‘‘and’’ and in- Mr. President, I ask unanimous con- serting ‘‘or’’; and servicemembers have been awarded ei- sent that the text of the bill be printed (D) by inserting after clause (iv) the fol- ther the Silver Star, Air Force Cross, in the RECORD. lowing: Navy Cross, Distinguished Service There being no objection, the text of ‘‘(v) character development and leadership Cross or the Medal of Honor. training; and’’. the bill was ordered to be printed in I would tell my colleagues that there SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the RECORD, as follows: Section 8(a) of the National Police Ath- is precedent for establishing priority S. 2704 letic League Youth Enrichment Act of 2000 eligibility for a veteran’s benefit as a Be it enacted by the Senate and House of Rep- (42 U.S.C. 13751 note) is amended by striking result of being awarded a military resentatives of the United States of America in ‘‘2001 through 2005’’ and inserting ‘‘2006 decoration. As I mentioned before, Congress assembled, through 2010’’. today combat veterans in receipt of a SECTION 1. SHORT TITLE. SEC. 7. NAME OF LEAGUE. Purple Heart are eligible for VA health This Act may be cited as the ‘‘National Po- (a) DEFINITIONS.—Section 4(4) of the Na- lice Athletic League Youth Enrichment Re- tional Police Athletic League Youth Enrich- care, as they fall into the third priority authorization Act of 2006’’. ment Act of 2000 (42 U.S.C. 13751 note) is group. Also, current policy at Arling- SEC. 2. FINDINGS. amended in the paragraph heading, by strik- ton National Cemetery gives eligibility Section 2 of the National Police Athletic ing ‘‘ATHLETIC’’ and inserting ‘‘ATHLETIC/AC- for full-body burial to those who have League Youth Enrichment Act of 2000 (42 TIVITIES’’. been awarded the Silver Star or higher U.S.C. 13751 note) is amended— (b) TEXT.—The National Police Athletic for valor or are in receipt of the Purple (1) in paragraph (1)— League Youth Enrichment Act of 2000 (42 (A) by redesignating subparagraphs (C) U.S.C. 13751 note) is amended by striking Heart. through (G) as subparagraphs (D) through ‘‘Police Athletic League’’ each place such As much as I would like to reopen (H), respectively; and term appears and inserting ‘‘Police Athletic/ the doors to VA health care for all Pri- (B) by inserting after subparagraph (B) the Activities League’’. following: ority 8 veterans, this legislation to rec- ‘‘(C) develop life enhancing character and By Mr. AKAKA: ognize our Nation’s military heroes is a leadership skills in young people;’’; S. 2708. A bill to amend title 38, step in the right direction. It is time (2) in paragraph (2) by striking ‘‘55-year’’ United States Code, to provide an en- our decorated military heroes receive and inserting ‘‘90-year’’; rollment priority for veterans, who are the recognition they so richly deserve. (3) in paragraph (3)— I urge my colleagues to join me in (A) by striking ‘‘320 PAL chapters’’ and in- recipients of certain medals of valor, in serting ‘‘350 PAL chapters’’; and health care services provided by the making this needed change to VA’s (B) by striking ‘‘1,500,000 youth’’ and in- Department of Veterans Affairs; to the health eligibility for our military he- serting ‘‘2,000,000 youth’’; Committee on Veterans’ Affairs. roes a reality.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3990 CONGRESSIONAL RECORD — SENATE May 3, 2006 SUBMITTED RESOLUTIONS (5) designates June 8, 2006, as the day of a TER, Mr. COLEMAN, Mr. SANTORUM, Mr. National Vigil for Lost Promise; and KYL, Mr. LEVIN, Mr. LAUTENBERG, Mr. (6) encourages all citizens of the United NELSON of Florida, and Mr. BIDEN) sub- SENATE RESOLUTION 462—DESIG- States to remember the lost promise of mitted the following resolution; which youth caused by drug abuse on this day. NATING JUNE 8, 2006, AS THE was considered and agreed to: DAY OF A NATIONAL VIGIL FOR Mr. GRASSLEY. Mr. President, LOST PROMISE sadly, every year over 26,000 people die S. RES. 463 Whereas, on May 14, 1948, the State of Mr. GRASSLEY (for himself, Mr. in this country from the effects of drug abuse. This is a staggering and sober- Israel was established as a sovereign and BIDEN, and Mr. TALENT) submitted the ing statistic. Still, millions more have independent country; following resolution; which was re- Whereas the United States was 1 of the ferred to the Committee on the Judici- been devastated by this tragic loss of first countries to recognize Israel, only 11 ary: life and promise. Ordinary people like minutes after its creation; you and I, are left to cope with the loss Whereas Israel has provided Jews from all S. RES. 462 of a loved one senselessly taken at the over the world with an opportunity to rees- Whereas over 26,000 citizens die from the hands of drugs. tablish their ancient homeland; effects of drug abuse each year; Over the years, families and friends Whereas Israel is home to many religious Whereas the damage from drugs is not lim- sites that are sacred to Judaism, Christi- ited to drug abusers, the collateral damage have individually found ways to re- member and honor their memory. But anity, and Islam; from drugs is enormous, and drug abuse Whereas Israel provided a refuge to Jews costs society over $60,000,000,000 in social to date, there has been no national event to bring people together to call who survived the horrors of the Holocaust, costs and lost productivity; which were unprecedented in human history; Whereas drugs rob users, their families, attention to the nature and extent of Whereas the people of Israel have estab- and all the people of the United States of the drug problem in this country. lished a unique, pluralistic democracy that dreams, promises, ambitions, talents, and Now, eight families who have person- incorporates the freedoms cherished by the lives; ally suffered the loss of a loved one be- people of the United States, including— Whereas drug abuse affects millions of cause of drugs have joined together to (1) the freedom of speech; families in the United States; plan a remembrance. On June 8, 2006, Whereas the stigma of drug abuse and the (2) the freedom of religion; cloak of denial keep many individuals and the first annual Vigil for Lost Promise: (3) the freedom of association; families from dealing with the impact of Remembering Those Who Have Died (4) the freedom of the press; and drugs; From Drugs will be held in Wash- (5) government by the consent of the gov- Whereas many friends and families are ington, DC. erned; ashamed to acknowledge the death of their This national event finally gives Whereas Israel continues to serve as a loved ones caused by drug abuse; these and other families the oppor- shining model of democratic values by— Whereas all the people of the United States tunity to remember and honor the (1) regularly holding free and fair elec- can benefit from illuminating the problem of memory of those who have died from tions; drug abuse and its impact on families, com- drugs. This event will illuminate for (2) promoting the free exchange of ideas; munities, and society; everyone just how pervasive and dan- and Whereas the futures of thousands of youth (3) vigorously exercising in its Parliament, of the United States have been cut short be- gerous this problem is in our society. Others sharing similar stories of loss the Knesset, a democratic government that cause of drug abuse, including the life of— is fully representative of its citizens; (1) Irma Perez, who suffered and died of an will be joined by leaders in the drug Whereas Israel has bravely defended itself Ecstasy overdose at age 14; prevention, treatment and education from terrorist and military attacks repeat- (2) David Manlove, who wanted to be a doc- fields, community leaders, clergy from edly since it declared its independence; tor, but died from inhalant abuse at age 16; all faith, educators, legislators and Whereas the Government of Israel has suc- (3) David Pease, an articulate debater, who cessfully worked with the neighboring Gov- died of a heroin overdose at age 23; concerned citizens as well as the Drug ernments of Egypt and Jordan to establish (4) Ian Eaccarino, a college student who Enforcement Administration, the Na- peaceful and bilateral relations; died of a heroin overdose at age 20; tional Institute on Drug Abuse and the (5) Jason Surks, who was studying to be a Partnership for a Drug Free America Whereas, despite the deaths of over 1,000 innocent Israelis at the hands of murderous pharmacist, but died of prescription drug to raise public awareness about the ter- abuse at age 19; suicide bombers and other terrorists during rible toll that drugs take on families, the last 5 years, the people of Israel continue (6) Kelley McEnery Baker, who died of an friends and society . overdose of Ecstasy at age 23; to seek peace with their Palestinian neigh- (7) Ryan Haight, who died of an overdose of Today, I am pleased to submit along bors; prescription drugs he had purchased over the with my colleagues, Senator BIDEN and Whereas visionary Israeli leaders like Internet at age 18; and Senator TALENT, a resolution to sup- Yitzhak Rabin and Ariel Sharon were at the (8) Taylor Hooton, a high school baseball port the goals of the Vigil for Lost forefront of creating conditions for peace in star whose life was cut short by steroids at Promise and to designate June 8, 2006, the Middle East; age 16; as the day of a National Vigil for Lost Whereas the United States and Israel enjoy Whereas these deaths represent only a a strategic partnership based on shared Promise. It is important that these and democratic values, friendship, and respect; small sample of the lost promise that drug other families who have lost of a loved abuse has cost the future of the United Whereas the people of the United States States; one to drugs know that they are not share an affinity with the people of Israel Whereas law enforcement, public health alone. Many wonderful people have had and view Israel as a strong and trusted ally; and research organizations, community coa- to endure the same nightmare and this Whereas Israel has made significant global litions, drug prevention outreach organiza- event lets everyone know that there is contributions in the fields of science, medi- tions, individual parents, siblings, friends, hope and there is help. cine, and technology; and and concerned citizens are joining together I encourage all my colleagues to visit Whereas the Independence Day of Israel on on June 8, 2006, in a Vigil for Lost Promise, www.nationalparentvigil.com to learn the Jewish calendar coincides this year with May 3, 2006: Now, therefore, be it to call public attention to the tremendous more about this very important event. promise which has been lost with the deaths Resolved, That the Senate— of those affected by drugs: Now, therefore, be I also want to urge my colleagues to (1) recognizes the independence of the it join us in passing this resolution to State of Israel as a significant event for pro- Resolved, That the Senate— demonstrate our commitment to rais- viding refuge and a national homeland for (1) supports the goals of the Vigil for Lost ing awareness about drugs and to lend the Jewish people; Promise; our support to those who have lost a (2) commends the bipartisan commitment (2) encourages any families who have been loved one to drugs. of all administrations and Congresses of the affected by a death due to drugs to visit United States since 1948 that stood by Israel www.nationalparentvigil.com; f and worked for its security and well-being; (3) encourages all young people to choose SENATE RESOLUTION 463—RECOG- (3) congratulates the United States and to live a drug-free life; NIZING THE 58TH ANNIVERSARY Israel for strengthening their bilateral rela- (4) encourages all people of the United OF THE INDEPENDENCE OF THE tions during the last year in the fields of de- States to work to stop drug abuse before it STATE OF ISRAEL fense, diplomacy, and homeland security, starts and remain vigilant against the far and encourages both countries to continue reaching loss of promise caused by deaths Mr. FRIST (for himself, Mr. REID, their cooperation in resolving future mutual from drug abuse; Mr. VOINOVICH, Mr. COCHRAN, Mr. VIT- challenges; and

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3991 (4) extends warm congratulations and best (2) volunteering; and in Iraq now in its 4th year, it is clear wishes to the people of Israel as they cele- (3) supporting public policies aimed at re- that the President’s course is not a brate the 58th anniversary of the independ- ducing hunger: Now, therefore, be it strategy for success; it is a strategy for ence of Israel. Resolved, That the Senate— (1) designates June 7, 2006, as ‘‘National continued stalemate and stagnation. f Hunger Awareness Day’’; It is time to chart new course. To SENATE RESOLUTION 464—DESIG- (2) calls on the people of the United States that end, today, I am offering a concur- NATING JUNE 7, 2006, AS ‘‘NA- to observe National Hunger Awareness Day rent resolution that does three things: TIONAL HUNGER AWARENESS with— 1. It states that ‘‘the United States DAY,’’ AND AUTHORIZING THE (A) appropriate ceremonies, volunteer ac- should not maintain a permanent mili- SENATE OFFICES OF SENATORS tivities, and other support for local anti-hun- tary presence or military bases in Iraq. ger advocacy efforts and hunger relief char- 2. It states that ‘‘the United States GORDON H. SMITH, BLANCHE L. ities, including food banks, food rescue orga- LINCOLN, ELIZABETH DOLE, AND nizations, food pantries, soup kitchens, and should not attempt to control the flow RICHARD J. DURBIN TO COLLECT emergency shelters; and of Iraqi oil. And 3. It states that the DONATIONS OF FOOD DURING (B) the continued support of programs and ‘‘United States Armed Forces should be THE PERIOD BEGINNING MAY 8, public policies that reduce hunger and food redeployed from Iraq as soon as prac- 2006, AND ENDING JUNE 7, 2006, insecurity in the United States; and ticable after the completion of Iraq’s FROM CONCERNED MEMBERS OF (3) authorizes the offices of Senators Gor- constitution-making process or Decem- CONGRESS AND STAFF TO AS- don H. Smith, Blanche L. Lincoln, Elizabeth ber 31, 2006, whichever comes first.’’ A Dole, and Richard J. Durbin to collect dona- companion to this concurrent resolu- SIST FAMILIES SUFFERING tions of food during the period beginning FROM HUNGER AND FOOD INSE- May 8, 2006, and ending June 7, 2006, from tion has been offered in the other body CURITY IN THE WASHINGTON, concerned Members of Congress and staff to by Representative MIKE THOMPSON of D.C., METROPOLITAN AREA assist families suffering from hunger and California. food insecurity in the Washington, D.C., The capable and courageous men and Mr. SMITH (for himself, Mrs. LIN- metropolitan area. women of our Armed Forces have com- COLN, Mrs. DOLE, Mr. DURBIN, Mr. pleted the tasks they were sent to Iraq BROWNBACK, Mr. KOHL, Mr. LAUTEN- f to accomplish: Saddam Hussein’s dicta- BERG, and Mr. WYDEN) submitted the SENATE CONCURRENT RESOLU- torship has been deposed; we are cer- following resolution; which was consid- TION 93—EXPRESSING THE tain that Iraq does not possess weapons ered and agreed to: SENSE OF CONGRESS WITH RE- of mass destruction; and the Iraqi peo- SPECT TO ACCOMPLISHING THE S. RES. 464 ple have a constitution and a demo- MISSION IN IRAQ Whereas food insecurity and hunger are a cratically elected government. To our fact of life for millions of low-income citi- Mr. HARKIN submitted the following troops’ great credit, they have zens of the United States and can produce concurrent resolution; which was re- achieved these things despite a series physical, mental, and social impairments; ferred to the Committee on Foreign of disastrous decisions by their civilian Whereas recent data published by the De- Relations: partment of Agriculture show that almost leaders in Washington. 38,200,000 people in the United States live in S. CON. RES. 93 Today, the question is: Why are U.S. households experiencing hunger or food inse- Whereas the members of the United States forces still in Iraq? Our commanders curity; Armed Forces have served honorably and have acknowledged that Iraq’s remain- Whereas the problem of hunger and food courageously in Iraq; ing challenges cannot be resolved by insecurity can be found in rural, suburban, Whereas Congress and the people of the the U.S. military, as they are mostly and urban portions of the United States, United States owe a debt of gratitude to political. As GEN John Abizaid, head of touching nearly every community of the Na- those members of the Armed Forces who U.S. Central Command, said recently, tion; have died fighting for their country; and the situation in Iraq is ‘‘changing in its Whereas, although substantial progress has Whereas Iraq will have established a free been made in reducing the incidence of hun- and democratic government once it com- nature from insurgency toward sec- ger and food insecurity in the United States, pletes its constitution-making process: Now, tarian violence’’—I would. add, with certain groups remain vulnerable to hunger therefore, be it U.S. troops caught in the crossfire. and the negative effects of food deprivation, Resolved by the Senate (the House of Rep- Given these realities, President including the working poor, the elderly, resentatives concurring), That it is the sense Bush’s call to ‘‘stay the course’’ is a homeless people, children, migrant workers, of Congress that— slogan, not a strategy. for success. In- and Native Americans; (1) the United States should not maintain deed, I fear that ‘‘stay the course’’ Whereas the people of the United States a permanent military presence or military really means ‘‘stay forever,’’ and this have a long tradition of providing food as- bases in Iraq; sistance to hungry people through acts of (2) the United States should not attempt to sends exactly the wrong message. It private generosity and public support pro- control the flow of Iraqi oil; and stokes the insurgents, who believe that grams; (3) United States Armed Forces should be the U.S. wants a permanent military Whereas the Federal Government provides redeployed from Iraq as soon as practicable presence in Iraq. And it takes away essential nutritional support to millions of after the completion of Iraq’s constitution- any incentive for the Iraqi government low-income people through numerous Fed- making process or December 31, 2006, which- to resolve its internal divisions and eral food assistance programs, including— ever occurs first. stand on its own feet. (1) the federal food stamp program, as es- Mr. HARKIN. Mr. President, Monday, As GEN George Casey, our com- tablished by the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); May 1, marked the 3rd anniversary of mander in Iraq, told the Senate last (2) child nutrition programs; and President Bush’s speech on the flight September, ‘‘Increased coalition pres- (3) food donation programs; deck of the USS Abraham Lincoln. On ence feeds the notion of occupation, Whereas there is a growing awareness of that occasion, with a giant banner be- contributes to the dependency of Iraqi the important public and private partnership hind him proclaiming ‘‘Mission Accom- security forces on the coalition, [and] role that community-based organizations, plished,’’ the President said trium- extends the amount of time that it will institutions of faith, and charities provide in phantly that ‘‘major combat oper- assisting hungry and food-insecure people; take for Iraqi security forces to become Whereas more than 50,000 local commu- ations in Iraq have ended.’’ But, 3 years self-reliant.’’ nity-based organizations rely on the support later, 133,000 troops remain on the BG Donald Alston, the chief U.S. and efforts of more than 1,000,000 volunteers ground, and’ the President has signaled military spokesman in Iraq, put it this to provide food assistance and services to that the U.S. military occupation in way: ‘‘I think the more accurate way millions of vulnerable people; Iraq is open-ended and of indefinite du- to approach this right now is to con- Whereas a diverse group of organizations ration. cede that . . . this insurgency is not have documented substantial increases in re- This has given rise to suspicions that going to be settled . . . through mili- quests for emergency food assistance during the United States has long-term de- tary options or military operations. the last year; and Whereas all citizens of the United States signs on Iraq and its oil. And it has de- It’s going to be settled in the political can help participate in hunger relief efforts prived the Iraqi government of incen- process.’’ in their communities by— tive to resolve its internal divisions I would add that the Iraqi people also (1) donating food and money; and stand on its own feet. With the war believe that a redeployment of U.S.

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3992 CONGRESSIONAL RECORD — SENATE May 3, 2006 forces would give a boost to political allowed Iraqi leaders to quarrel and care, education, law enforcement, and, progress. According to a recent poll dither for more than four months be- yes, a smarter approach to the very conducted by the University of Mary- fore finally choosing an acceptable real terrorist threats of today and to- land, more than 80 percent of Iraqis prime minister. morrow. want U.S. forces to leave Iraq. When In addition, our continuing pres- The men and women of our Armed asked what the impact of a withdrawal ence—in fact, our apparently growing Forces have sacrificed greatly. It is of U.S. troops would be, large majori- presence in Iraq—is a propaganda vic- time to allow the political process to ties of Iraqis believe that insurgent at- tory and recruiting tool for the insur- go forward, and to demand that Iraq’s tacks will decrease, sectarian violence gency in Iraq, and for Islamic extrem- new leaders take responsibility for will decline, and the sectarian factions ists around the world. The insurgents their country’s future. And it is time in parliament will be more willing to and jihadists are strengthened by the to bring home as many troops as pos- cooperate. overwhelming perception among Iraqis sible, consistent with force-protection We all hope that the Sunni, Shiite, that the United States military is an requirements, and to redeploy as many and Kurdish leaders are sincere in their occupying force, that we are building as necessary to successfully pursue Bin stated desire to avoid an all-out civil what appear to be permanent bases, Laden and al Qaeda, and to protect our war. Last week, they agreed on a new and that our continuing presence in vital interests around the world. prime minister, Nuri Kamal al-Maliki. Iraq is all about oil. President Bush tells us to be patient. And Mr. al-Maliki has pledged to an- Meanwhile, the Congressional Re- He says we will succeed in Iraq. He nounce a national-unity cabinet as search Service reports that we are now says Iraq will become a flourishing de- quickly as possible. As President Bush spending $6.4 billion a month in Iraq— mocracy that will spread the flame of said on Monday, the creation of a new up sharply from last year. Including freedom across the entire Middle East. Iraqi government is ‘‘a turning point.’’ funds committed by the emergency But, with due respect to President We hope that is the case. But whether supplemental bill currently being de- Bush, Vice President CHENEY, and De- or not Mr. al-Maliki makes good on his bated in the Senate, we have spent a fense Secretary Rumsfeld, they have pledges, it is certainly time for a turn- grand total of $320 billion in Iraq. More been consistently wrong—disastrously ing point in U.S. policy in Iraq. than 2,400 American troops have been wrong—in their predictions with regard The remainder of the year 2006 must killed, and nearly 18,000 have been to Iraq. Before the invasion, Vice be a period of transition to full Iraqi wounded. We are in the process of President Cheney said that Iraq had sovereignty, with the goal of deploying building a gigantic new U.S. embassy ‘‘reconstituted nuclear weapons.’’ Sec- U.S. forces out of Iraq by the end of in Baghdad that will span 104 acres, the retary Rumsfeld said he knew exactly this calendar year. It is time to hand size of nearly 80 football fields. This where Saddam was storing his weapons off security responsibilities to the Iraqi does not look like a U.S. mission that of mass destruction. As I noted, 3 long army and police, and to redeploy our plans on winding down or relinquishing years ago, President Bush said that U.S. armed forces from Iraq by Dec. 31. its grip on Iraq. To the contrary, it is major combat operations were over, This strategic redeployment must in- easy to see how ordinary Iraqis view mission accomplished. They assured us volve converting our vast military this as the behavior of a conquering that the war would be self-financed presence on the ground in Iraq to a power that has no intention of leaving. thanks to Iraq’s oil (in fact, Iraqi oil quick-reaction force staged in coun- And this perception continues to give production has declined by 700,000 bar- rels a day since the invasion). They tries bordering Iraq—countries that powerful fuel to the insurgency. share our interest in a stable Iraq and There is another important reason said, a year ago, that the insurgency view our military presence in the re- for redeploying our forces from Iraq. was ‘‘in its last throes.’’ I could go on gion as a stabilizing force. This force Iraq did not attack us on 9/11, nor did and on with this litany of false asser- could be used to respond to threats to Saddam Hussein’s government have tions—some would call them lies—and predictions that turned out to be 100 our national security in Iraq or else- any operational links to al Qaeda. By percent wrong. where. I believe the vast number of Na- preemptively attacking Iraq, we com- So, at this point, President Bush has mitted a major strategic error in the tional Guard units should be rede- not only spent his political capital, he larger war on terror. Simply put: We ployed to their states to shore up gaps has squandered the last shred of his took our eyes off the ball. We diverted and vulnerabilities in our own home- credibility when it comes to Iraq. Spe- land security. our military and intelligence resources cifically with regard to America’s de- I would expect that, as our troops away from Afghanistan, away from the parture from Iraq, President Bush has withdraw from Iraq, this would free up hunt for Osama Bin Laden. And the it backwards. He says that our army U.S. forces to combat the resurgence of consequences are plain to see. It is no will stand down only as the Iraqi army the Taliban in Afghanistan. Other coincidence that, today, the Taliban is stands up. The truth is that the Iraqi troops would be available to help re- resurgent in Afghanistan. Nor is it a army—and government—will stand up spond to emerging terrorist threats in coincidence that Bin Laden is still at only when it is clear that the American countries such as Somalia, Sudan, and large, still directing al Qaeda oper- military is committed to standing Yemen, which threaten to become ations, still threatening us. down by the end of this year. We can major breeding grounds for terrorists. Indeed, by invading Iraq and getting send that message loudly and clearly At the same time that we are rede- bogged down in a guerilla war, there, by passing this-concurrent resolution. I ploying our Armed Forces, we need to the United States has given a huge gift urge my colleagues to support this foster sustained diplomatic engage- to Bin Laden and al Qaeda. Not only measure. ment—working with Middle Eastern has it taken the heat off of the terror- nations—to facilitate rival Iraqi fac- ists who attacked us on 9/11, it has f tions in reaching a political settle- given them a propaganda victory and, NOTICES OF HEARINGS/MEETINGS ment. Iraq’s neighbors have a profound as I said, a major recruiting tool. The SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS stake in its stability, but they cur- sooner we acknowledge this strategic Mr. CRAIG. Mr. President, I would rently have no incentive to get in- blunder and take steps to reverse it, like to announce for the information of volved. Once it is clear that the U.S. is the sooner we redeploy our military the Senate and the public that a hear- leaving, those nations will be highly and strategic assets to confront our ing has been scheduled before the Sub- motivated to broker a deal within Iraq. real enemies, the better off we will be. committee on Public Lands and For- Some say that the U.S. forces in Iraq This resolution is not only about the ests of the Committee on Energy and are the only thing that stands between future of Iraq as a sovereign, inde- Natural Resources. the Sunnis and Shiites, and all-out pendent nation; it is also about the The hearing will be held on Wednes- civil war. I disagree. It is the ongoing unity and security of the American day, May 10, at 2:30 p.m. in room SD– presence of U.S. forces—and the pros- people. This misbegotten, misguided, 366 of the Dirksen Senate Office Build- pect that we will be in Iraq as a baby- mismanaged war is dividing our nation ing. sitter for years to come—that has de- and distracting our government from The purpose of the hearing is to re- layed progress on the political front. It urgent priorities, including health ceive testimony on the following bills:

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3993 S. 906, to promote wildland firefighter SUBCOMMITTEE ON AIRLAND Yom Haatzmaut is usually observed safety; S. 2003, to make permanent the Mr. COCHRAN. Mr. President, I ask on the 5th of the Jewish month Iyyar; authorization for watershed restora- unanimous consent that the Sub- this year it falls on May 3rd. In Israel, tion and enhancement agreements; committee on Airland be authorized to Yom Haatzmaut is always preceded by H.R. 585, to require Federal land man- meet during the session of the Senate Yom Hazikaron, Israel’s Memorial Day agers to support, and to communicate, on Wednesday, May 3, 2006, at 10 a.m. in for fallen soldiers. The proximity of coordinate, and cooperate with, des- closed session to mark up the Airland the dates is a reminder that Israelis ignated gateway communities, to im- Programs and provisions contained in owe their independence to the soldiers prove the ability of gateway commu- the National Defense Authorization who sacrificed their lives for it. The of- nities to participate in Federal land Act for fiscal year 2007. ficial switch from Yom Hazikaron to management planning conducted by The PRESIDING OFFICER. Without Yom Haatzmaut is signaled when the the Forest Service and agencies of the objection, it is so ordered. flag is raised from half staff to the top Department of the Interior, and to re- SUBCOMMITTEE ON CONSUMER AFFAIRS, of the pole in a ceremony on Mount spond to the impacts of the public use PRODUCT SAFETY, AND INSURANCE Herzl in Jerusalem after sundown. of the Federal lands administered by Mr. COCHRAN. Mr. President. I ask Last week, the Senate commemo- these agencies, and for other purposes; unanimous consent that the Sub- rated Yom Hashoa, Holocaust Remem- and H.R. 3981, to authorize the Sec- committee on Consumer Affairs, Prod- brance Day, with S. Res. 445, which I retary of Agriculture to carry out cer- uct Safety, and Insurance be author- also cosponsored. Yom Hashoa is when tain land exchnges involving small par- ized to meet on Wednesday, May 3, the Jewish community solemnly re- cels of National Forest System land in 2006, at 2:30 p.m., on Pool Safety. members the suffering caused by the the Tahoe National Forest in the State The PRESIDING. OFFICER Without Nazi Holocaust led by Adolph Hitler of California, and for other purposes. objection, it is so ordered. during World War II. During the Holo- Because of the limited time available SUBCOMMITTEE ON SEAPOWER caust, over six million Jews perished, for the hearing; witnesses may testify Mr. COCHRAN. Mr. President, I ask along with Gypsies, homosexuals, and by invitation only. However, those unanimous consent that the Sub- other victims of Nazi genocide. wishing to submit written testimony committee on Seapower be authorized Yom Hashoa is observed every year for the hearing record should send two to meet during the session of the Sen- on the 27th of Nisan in the Jewish cal- copies of their testimony to the Com- ate on Wednesday, May 3, 2006, at 9 endar, a week after the seventh day of mittee on Energy and Natural Re- a.m. in closed session to mark up the Passover, and a week before Yom sources, United States Senate, Wash- Seapower programs and provisions con- Hazikaron and Yom Haatzmaut. Yom ington, DC 20510–6150. tained in the National Defense Author- Hashoa became a national holiday in For further information, please con- ization Act for fiscal year 2007. the State of Israel in 1959. Each year, tact Frank Gladics at 202–224–2878 or The PRESIDING OFFICER. Without throughout the streets of Israel, the Sara Zecher 202–224–8276. objection, it is so ordered. sound of sirens on Yom Hashoa stops f SUBCOMMITTEE ON STRATEGIC FORCES traffic and pedestrians for 2 minutes of Mr. COCHRAN. Mr. President, I ask silent devotion. AUTHORITY FOR COMMITTEES TO unanimous consent that the Sub- Mr. President, I am pleased that the MEET committee on Strategic Forces be au- U.S. Senate is adopting these impor- COMMITTEE ON ARMED SERVICES thorized to meet during the session of tant measures. Mr. COCHRAN. Mr. President, I ask the Senate on Wednesday, May 3, 2006 Mr. FRIST. Mr. President, I ask unanimous consent that the Com- at 11:30 a.m. in closed session to mark unanimous consent that the resolution mittee on Armed Services be author- up the Strategic Forces programs and be agreed to, the preamble be agreed ized to meet during the session of the provisions contained in the National to, and the motion to reconsider be laid Senate on Wednesday, May 3, 2006 at Defense Authorization Act for fiscal upon the table. 3:30 p.m. in closed session to mark up year 2007. The PRESIDING OFFICER. Without the national defense authorization act The PRESIDING OFFICER. Without objection, it is so ordered. for fiscal year 2007. objection, it is so ordered. The resolution (S. Res. 463) was The PRESIDING OFFICER. Without f agreed to. objection, it is so ordered. The preamble was agreed to. 58TH ANNIVERSARY OF THE INDE- COMMITTEE ON FOREIGN RELATIONS The resolution, with its preamble, PENDENCE OF THE STATE OF reads as follows: Mr. COCHRAN. Mr. President, I ask ISRAEL unanimous consent that the Com- S. RES. 463 mittee on Foreign Relations be author- Mr. FRIST. Mr. President, I ask Whereas, on May 14, 1948, the State of ized to meet during the session of the unanimous consent that the Senate Israel was established as a sovereign and Senate on Wednesday, May 3, 2006, at now proceed to the consideration of S. independent country; Res. 463, which was submitted earlier Whereas the United States was 1 of the 3:30 p.m. to hold a hearing on Nomina- first countries to recognize Israel, only 11 tions. today. The PRESIDING OFFICER. The minutes after its creation; The PRESIDING OFFICER. Without clerk will report the resolution by Whereas Israel has provided Jews from all objection, it is so ordered. over the world with an opportunity to rees- title. tablish their ancient homeland; SELECT COMMITTEE ON INTELLIGENCE The legislative clerk read as follows: Mr. COCHRAN. Mr. President, I ask Whereas Israel is home to many religious A resolution (S. Res. 463) recognizing the sites that are sacred to Judaism, Christi- unanimous consent that the Select 58th anniversary of the independence of the anity, and Islam; Committee on Intelligence be author- State of Israel. Whereas Israel provided a refuge to Jews ized to meet during the session of the There being no objection, the Senate who survived the horrors of the Holocaust, Senate on May 3, 2006 at 2:30 p.m. to proceeded to consider the resolution. which were unprecedented in human history; hold a closed business meeting. Mr. LAUTENBERG. Mr. President, I Whereas the people of Israel have estab- The PRESIDING OFFICER. Without acknowledge three significant days of lished a unique, pluralistic democracy that objection, it is so ordered. incorporates the freedoms cherished by the commemoration that fall around this people of the United States, including— SPECIAL COMMITTEE ON AGING time each year. Today is the 58th anni- (1) the freedom of speech; Mr. COCHRAN. Mr. President, I ask versary of David Ben Gurion’s declara- (2) the freedom of religion; unanimous consent that the Special tion of Israel’s Independence and the (3) the freedom of association; Committee on Aging be authorized to end of the British Mandate in Israel. As (4) the freedom of the press; and meet tomorrow, May 3, 2006 from 10 a Jewish American, I am proud to be (5) government by the consent of the gov- erned; a.m.–12 p.m. in Dirksen 106 for the pur- one of the cosponsors of the concurrent Whereas Israel continues to serve as a pose of conducting a hearing. resolution the Senate will pass cele- shining model of democratic values by— The PRESIDING OFFICER. Without brating Yom Haatzmaut, Israel’s Inde- (1) regularly holding free and fair elec- objection, it is so ordered. pendence Day. tions;

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3994 CONGRESSIONAL RECORD — SENATE May 3, 2006 (2) promoting the free exchange of ideas; There being no objection, the Senate (3) authorizes the offices of Senators Gor- and proceeded to consider the resolution. don H. Smith, Blanche L. Lincoln, Elizabeth (3) vigorously exercising in its Parliament, Mr. FRIST. Mr. President, I ask Dole, and Richard J. Durbin to collect dona- the Knesset, a democratic government that unanimous consent that the resolution tions of food during the period beginning is fully representative of its citizens; be agreed to, the preamble be agreed May 8, 2006, and ending June 7, 2006, from Whereas Israel has bravely defended itself concerned Members of Congress and staff to from terrorist and military attacks repeat- to, and the motion to reconsider be laid assist families suffering from hunger and edly since it declared its independence; upon the table. food insecurity in the Washington, D.C., Whereas the Government of Israel has suc- The PRESIDING OFFICER. Without metropolitan area. objection, it is so ordered. cessfully worked with the neighboring Gov- f ernments of Egypt and Jordan to establish The resolution (S. Res. 464) was peaceful and bilateral relations; agreed to. MEASURE PLACED ON THE Whereas, despite the deaths of over 1,000 The preamble was agreed to. CALENDAR—S. 2700 innocent Israelis at the hands of murderous The resolution, with its preamble, Mr. FRIST. Mr. President, I under- suicide bombers and other terrorists during reads as follows: stand there is a bill at the desk that is the last 5 years, the people of Israel continue S. RES. 464 to seek peace with their Palestinian neigh- due for a second reading. Whereas food insecurity and hunger are a bors; The PRESIDING OFFICER. The fact of life for millions of low-income citi- Whereas visionary Israeli leaders like clerk will read the title of the bill for zens of the United States and can produce Yitzhak Rabin and Ariel Sharon were at the physical, mental, and social impairments; the second time. forefront of creating conditions for peace in Whereas recent data published by the De- The legislative clerk read as follows: the Middle East; partment of Agriculture show that almost A bill (S. 2700) to amend the Clean Air Act Whereas the United States and Israel enjoy 38,200,000 people in the United States live in to provide for a Federal Fuels List, and for a strategic partnership based on shared households experiencing hunger or food inse- other purposes. democratic values, friendship, and respect; curity; Mr. FRIST. Mr. President, in order to Whereas the people of the United States Whereas the problem of hunger and food share an affinity with the people of Israel insecurity can be found in rural, suburban, place the bill on the calendar under the and view Israel as a strong and trusted ally; and urban portions of the United States, provisions of rule XIV, I object to fur- Whereas Israel has made significant global touching nearly every community of the Na- ther proceeding. contributions in the fields of science, medi- tion; The PRESIDING OFFICER. Objec- cine, and technology; and Whereas, although substantial progress has tion is heard. The bill will be placed on Whereas the Independence Day of Israel on been made in reducing the incidence of hun- the calendar. the Jewish calendar coincides this year with ger and food insecurity in the United States, May 3, 2006: Now, therefore, be it certain groups remain vulnerable to hunger f Resolved, That the Senate— and the negative effects of food deprivation, (1) recognizes the independence of the MEASURES READ THE FIRST including the working poor, the elderly, TIME—S. 22 AND S. 23 State of Israel as a significant event for pro- homeless people, children, migrant workers, viding refuge and a national homeland for and Native Americans; Mr. FRIST. Mr. President, I under- the Jewish people; Whereas the people of the United States stand there are two bills at the desk, (2) commends the bipartisan commitment have a long tradition of providing food as- and I ask for their first reading en bloc. of all administrations and Congresses of the sistance to hungry people through acts of The PRESIDING OFFICER. The United States since 1948 that stood by Israel private generosity and public support pro- and worked for its security and well-being; clerk will report the bills by title. grams; The legislative clerk read as follows: (3) congratulates the United States and Whereas the Federal Government provides Israel for strengthening their bilateral rela- essential nutritional support to millions of A bill (S. 22) to improve patient access to tions during the last year in the fields of de- low-income people through numerous Fed- health care services and so forth, and for fense, diplomacy, and homeland security, eral food assistance programs, including— other purposes. and encourages both countries to continue (1) the federal food stamp program, as es- A bill (S. 23) to improve women’s access to their cooperation in resolving future mutual tablished by the Food Stamp Act of 1977 (7 health care services and so forth, and for challenges; and U.S.C. 2011 et seq.); other purposes. (4) extends warm congratulations and best (2) child nutrition programs; and Mr. FRIST. Mr. President, I ask for a wishes to the people of Israel as they cele- (3) food donation programs; brate the 58th anniversary of the independ- Whereas there is a growing awareness of second reading, and in order to place ence of Israel. the important public and private partnership the bills on the calendar under the pro- Mr. FRIST. Mr. President, this reso- role that community-based organizations, visions of rule XIV, I object to my own institutions of faith, and charities provide in lution we addressed is a resolution rec- request, all en bloc. assisting hungry and food-insecure people; The PRESIDING OFFICER. Objec- ognizing the 58th anniversary of the Whereas more than 50,000 local commu- independence of the State of Israel. I tion is heard. nity-based organizations rely on the support The bills will receive their second am proud to be the sponsor of this reso- and efforts of more than 1,000,000 volunteers reading on the next legislative day. lution and appreciate my colleagues to provide food assistance and services to for joining me on this resolution. millions of vulnerable people; Mr. FRIST. Mr. President, I will con- Whereas a diverse group of organizations tinue with our business, but I have to f have documented substantial increases in re- stop a moment and note that both of NATIONAL HUNGER AWARENESS quests for emergency food assistance during these bills, S. 22 and S. 23, address an DAY the last year; and issue that is very close to my heart be- Whereas all citizens of the United States Mr. FRIST. Mr. President, I ask cause they focus on reform of a medical can help participate in hunger relief efforts liability system, or a medical mal- unanimous consent that the Senate in their communities by— now proceed to the consideration of S. (1) donating food and money; practice system that is just flat out Res. 464, which was submitted earlier (2) volunteering; and broken. The sad thing about it is that today. (3) supporting public policies aimed at re- the patients suffer. Future mothers— The PRESIDING OFFICER. The ducing hunger: Now, therefore, be it women who are pregnant—have to Resolved, That the Senate— worry about whether an obstetrician clerk will report the resolution by (1) designates June 7, 2006, as ‘‘National title. Hunger Awareness Day’’; will be available if they begin to have The legislative clerk read as follows: (2) calls on the people of the United States problems during their pregnancy. Over A resolution (S. Res. 464) designating June to observe National Hunger Awareness Day half the counties in America don’t have 7, 2006, as ‘‘National Hunger Awareness Day’’ with— an obstetrician. If you are so unfortu- and authorizing the Senate offices of Sen- (A) appropriate ceremonies, volunteer ac- nate as to have an accident driving ators Gordon H. Smith, Blanche L. Lincoln, tivities, and other support for local anti-hun- home tonight or in to work tomorrow, Elizabeth Dole, and Richard J. Durbin to col- ger advocacy efforts and hunger relief char- you want to make sure there is a neu- lect donations of food during the period be- ities, including food banks, food rescue orga- rosurgeon on call to be at that hospital ginning May 9, 2006, and ending June 7, 2006, nizations, food pantries, soup kitchens, and from concerned Members of Congress and emergency shelters; and to treat you in the event of a trau- staff to assist families suffering from hunger (B) the continued support of programs and matic accident. and food insecurity in the Washington, D.C., public policies that reduce hunger and food The truth is neurosurgeons today are metropolitan area. insecurity in the United States; and fleeing from taking trauma emergency

VerDate Mar 15 2010 23:33 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S03MY6.REC S03MY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2006 CONGRESSIONAL RECORD — SENATE S3995 calls because of the likelihood—no The PRESIDING OFFICER. The mental. Other votes could occur on matter how good they are, no matter clerk will report the concurrent resolu- Thursday’s session as we try to clear what their past record is, or no matter tion by title. some executive nominations, including what they do—of being sued by preda- A concurrent resolution (H. Con. Res. 90) two district court judges. tory personal injury trial lawyers who conveying the sympathy of Congress to the are after them because they can make young women murdered in the State of Chi- f a buck. That is the reality we are talk- huahua, Mexico, and encouraging increased United States involvement in bringing an ADJOURNMENT UNTIL 9:30 A.M. ing about. People should be able to de- TOMORROW pend on access to good quality of care, end to these crimes. whether it is delivering a baby that fu- The PRESIDING OFFICER. There Mr. FRIST. Mr. President, if there is ture moms have to worry about—and being no objection, the Senate pro- no further business to come before the in America it shouldn’t happen—or ceeded to consider the concurrent reso- Senate, I ask unanimous consent that having to worry about whether there is lution. the Senate stand in adjournment under somebody appropriate to treat you in Mr. FRIST. Mr. President, I ask the previous order until 9:30 a.m. to- the event there is trauma. unanimous consent that the current morrow. That is where the vote is going to be resolution be agreed to, the preamble There being no objection, the Senate, when we debate these two bills, and be agreed to, the motion to reconsider at 7:50 p.m., recessed until Thursday, hopefully we will be debating these be laid upon the table, and any state- May 4, 2006, at 9:30 a.m. ments relating thereto be printed in bills sometimes in the next 3 or 4 days. f I do have to add the other component the RECORD as if read without inter- to it because the other issue, aside vening action or debate. NOMINATIONS from the access issue, is the cost issue. The PRESIDING OFFICER. Without Executive nominations received by Everyone knows that health care costs objection, it is so ordered. the Senate May 3, 2006: are skyrocketing, and they are out of The concurrent resolution (H. Con. reach for many, if not most, Americans Res. 90) was agreed to. DEPARTMENT OF THE INTERIOR today. As a physician, I can tell you The preamble was agreed to. MARK MYERS, OF ALASKA, TO BE DIRECTOR OF THE UNITED STATES GEOLOGICAL SURVEY, VICE CHARLES G. that if you know you are going to be f GROAT, RESIGNED. sued, no matter who you are, and al- ORDERS FOR THURSDAY, MAY 6, DEPARTMENT OF STATE most all physicians are sued today—al- 2006 SUSAN C. SCHWAB, OF MARYLAND, TO BE UNITED most all physicians are sued—if you STATES TRADE REPRESENTATIVE, WITH THE RANK OF Mr. FRIST. Mr. President, I ask AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, know you are going to be sued, you VICE ROBERT J. PORTMAN. practice what we call defensive medi- unanimous consent that when the Sen- IN THE COAST GUARD cine. And since you know you can be ate completes its business today, it stand in adjournment until 9:30 a.m. on THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT sued sometime in the future, for every IN THE UNITED STATES COAST GUARD TO THE GRADE IN- patient who comes in, to protect your- Thursday, May 4. I further ask that fol- DICATED UNDER TITLE 14, U.S.C., SECTION 271: self when you are sued, no matter if lowing the prayer and pledge, the To be rear admiral you have done anything wrong, you end morning hour be deemed expired, the REAR ADM. (LH) GARY T. BLORE, 0000 up ordering lots of extra tests to have Journal of proceedings be approved to REAR ADM. (LH) JOHN P. CURRIER, 0000 REAR ADM. (LH) JOEL R. WHITEHEAD, 0000 a paper trail documented to show that date, the time for the two leaders be reserved, there then be a period for the THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- you made the right decisions through- MENT AS PERMANENT COMMISSIONED REGULAR OFFI- out. transaction of morning business for up CER IN THE UNITED STATES COAST GUARD IN THE It is estimated that so-called defen- to 60 minutes with the Democratic GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: sive medicine cost is anywhere from leader or his designee in control of the To be lieutenant (junior grade) $100 billion to $125 billion a year. In my first 30 minutes, to be followed by 30 THEA IACOMINO, 0000 own State it is estimated to be about minutes under the control of the ma- IN THE AIR FORCE $2 billion a year. That is wasted jority leader or his designee; provided THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED money, inefficient use, money that is further that the Senate then resume STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER thrown away. Who pays for it? The the consideration of H.R. 4939 as under TITLE 10, U.S.C., SECTION 12203: American people do. The premiums go the previous order; provided further To be brigadier general that the chairman and ranking mem- up. The cost issue is a separate issue COL. LINDA K. MCTAGUE, 0000 from the access of care. But the access ber be recognized for up to 10 minutes IN THE ARMY of care issue and the cost issue, the each. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT higher you drive up the costs and the The PRESIDING OFFICER. Without IN THE UNITED STATES ARMY TO THE GRADE INDICATED lower the access, quality falls. That is objection, it is so ordered. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: what is going to be debated when we f To be lieutenant general address these two bills on medical li- PROGRAM ability by Senator ENSIGN and the sec- MAJ. GEN. LLOYD J. AUSTIN III, 0000 Mr. FRIST. Mr. President, for the in- ond bill by Senator SANTORUM. f f formation of our colleagues, all post- cloture time has been consumed on the WITHDRAWAL CONVEYING SYMPATHY OF CON- supplemental appropriations bill. The GRESS TO THE WOMEN OF CIU- only action remaining on the bill will Executive Message transmitted by DAD JUAREZ AND CHIHUAHUA be the two amendments pending, and the President to the Senate on May 3, 2006 withdrawing from further Senate Mr. FRIST. Mr. President, I ask then a vote on passage. I understand consideration the following nomina- unanimous consent that the Senate that we may not need a vote on both of tion: proceed to the immediate consider- the amendments, and therefore we will ation of H. Con. Res. 90 just received have two or three votes in the morning COAST GUARD NOMINATION OF THEA IACOMINO TO BE LIEUTENANT, WHICH WAS SENT TO THE SENATE ON OC- from the House and at the desk. to conclude action on the supple- TOBER 6, 2005.

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RECOGNIZING JONATHAN M. NEL- Congress needs to reinstate the assault weapons, and any new gun laws are seen as SON FOR ACHIEVING THE RANK weapons ban act of 1994 which sadly expired leading down a slippery slope to a total ban OF EAGLE SCOUT in September of 2004. Allowing this law to ex- on gun ownership. Supporters of gun regula- tions are always cast as metropolitan high- pire does not show our resolve on gun traf- brows lacking in respect for the way of life of HON. SAM GRAVES ficking and I believe that it renders us irrele- law-abiding country folks. OF MISSOURI vant. Mayor Bloomberg is a Republican and At a structural level, Congress has a deep IN THE HOUSE OF REPRESENTATIVES has teamed up with Democratic mayors in bias in favor of the rural point of view be- particular Mayor Menino of Boston and has in cause the Senate is stacked in favor of rural Wednesday, May 3, 2006 essence left the partisanship at the door for states. Idaho, Wyoming and Montana have Mr. GRAVES. Mr. Speaker, I proudly pause the sake of the people they were elected to two senators each, and so do California, New to recognize Jonathan M. Nelson, a very spe- serve. York and Illinois. cial young man who has exemplified the finest Mayor Bloomberg and Mayor Thomas According to the latest Census Bureau es- qualities of citizenship and leadership by tak- Menino of Boston have made the case that timates, the six senators from those three ing an active part in the Boy Scouts of Amer- this is in no way an attack on the culture of rural states represent 2,874,060 people. The six from the three states that include big ica, Troop 288, and in earning the most pres- hunting, a sport practiced by many in this urban and suburban populations represent tigious award of Eagle Scout. country. However, they realize that ‘‘it’s a dif- 68,150,148 people. By these figures, you might Jonathan has been very active with his ference in how guns are used’’. In rural areas, calculate the rough odds against gun regula- troop, participating in many scout activities. guns are used for collection and hunting, but tions at 24 to 1. Over the many years Jonathan has been in- in inner cities, guns are ‘‘used almost entirely Changing the political argument is easier volved with scouting, he has not only earned to threatened or kill other human beings’’. than changing the Senate. Mayors—joined numerous merit badges, but also the respect I enter into the RECORD the opinion editorial soon, Menino hopes, by suburban county ex- of his family, peers, and community. by E.J. Dionne, Jr. published by the Wash- ecutives—are the right people to start the Mr. Speaker, I proudly ask you to join me in ington Post for the new insight it presented work. commending Jonathan M. Nelson for his ac- and acknowledgment of various big city may- Yes, there is a cultural difference between complishments with the Boy Scouts of Amer- ors for the efforts to control guns. The mayors big cities and rural areas, but it’s a dif- ference in how guns are used. Rural people ica and for his efforts put forth in achieving the are leading the way toward stronger gun con- highest distinction of Eagle Scout. treasure their guns mostly for hunting and trol and we must find ways to support this recreation, and as collectors. In inner cities, f growing movement. guns—especially handguns—are used almost A NEW GUN ARGUMENT—MAYORS [From the Washington Post, Apr. 28, 2006] entirely to threaten or kill other human beings. TURN THE POLITICAL ISSUE TO A NEW GUN ARGUMENT—MAYORS TURN THE ‘‘There are neighborhoods where if you say SAVING LIVES POLITICAL ISSUE TO SAVING LIVES (By E.J. Dionne, Jr.) ‘duck,’ people get out of the way because they’re worried they’ll be shot,’’ Milwaukee NEW YORK.—Have you noticed that Wash- Mayor Tom Barrett said in an interview. HON. CHARLES B. RANGEL ington politicians have given up on thinking OF NEW YORK ‘‘But there are other parts of the country about new solutions to gun violence? New where if you say ‘duck,’ people will grab IN THE HOUSE OF REPRESENTATIVES York Mayor Michael Bloomberg has noticed, their rifles to go duck hunting.’’ and he’s angry. Good for him. Wednesday, May 3, 2006 We desperately need a new politics of gun Bloomberg is a Republican, if hardly a par- regulation in which law-abiding gun owners Mr. RANGEL. Mr. Speaker, I rise today to tisan sort, and it may take a Republican to see the fight for tougher laws not as a form praise New York City Mayor Michael R. restart a debate that many Democrats have of disrespect for their culture but as an ac- Bloomberg for taking the initiative of bringing fled after a careful examination of the elec- knowledgment that if our gun rules are an toral map—and years of exhaustion from the issue of gun violence to the forefront. This unenforceable hodgepodge, illegal guns will demagoguery on the issue. is truly an important topic for discussion. inevitably get into the hands of kids and Teaming up with Boston’s Democratic Mayor Bloomberg is aware of the many prob- criminals in the cities and suburbs. mayor, Thomas Menino, Bloomberg brought lems caused by gun violence and he knows ‘‘I’m fighting for freedom, too,’’ said Bar- first hand the commitment needed to ade- 13 other big-city mayors together here on Tuesday to call for ‘‘national leadership in rett. ‘‘I’m fighting for the freedom of a quately address it. the war on gun violence.’’ grandma to sit on her front porch and not Mayor Bloomberg knows just how serious ‘‘If the leadership won’t come from Con- get hit when there’s a drive-by shooting. I’m this issue has become in major cities across gress or come from the White House, then it fighting for the freedom of kids to play in America. As a result, just this past week, he has to come from us,’’ said Bloomberg. the park without being caught in a cross- fire.’’ called for a conference in New York City of a The mayors, Menino said, do not want to few big city mayors in what was labeled ‘‘na- meddle with the rights of hunters. They are The mayors have to act for another reason: tional leadership in the war on gun violence’’. concerned about the trafficking of illegal Democrats have lost their nerve on the gun guns and the powerlessness of individual cit- issue. Barrett traces this to the passage of Gun violence in many of our nation’s cities is the assault weapons ban in 1994. (Congress on the rise, and will continue to be if no seri- ies to enforce their own weapons laws be- cause of loopholes in federal rules and be- let it expire in September 2004.) Many Demo- ous action is taken. Mayor Bloomberg feels cause criminals can easily obtain weapons in crats who supported the ban were defeated in that since neither the White House nor Con- jurisdictions with looser regulations. that fall’s election. gress has taken any real steps toward ad- Our dysfunctional political system has be- ‘‘So Democrats who might be inclined to dressing the issue, it must fall to state and come especially dysfunctional on gun vio- do something are now inclined to stay away local governments to handle. lence. The National Rifle Association regu- from the issue,’’ said Barrett, a Democratic I want to stress the fact that this responsi- larly says that we don’t need new laws and member of Congress at the time. ‘‘And most bility should not fall solely on state and local should simply enforce the regulations on the Republicans aren’t inclined to do anything governments, but equally on us in the Con- books. But if many of the existing laws are at all.’’ gress. Congress needs to see what can be unenforceable, that statement is meaning- Railing against this state of affairs is use- less. less. Better that a savvy group of mayors done to assist those in our home districts Opponents of even modest gun regulation takes the lead in the difficult struggle to dealing with gun violence. Have we forgotten win the upper hand rhetorically by invoking change the underlying politics by reminding about them? We should be able to provide our two words: freedom and elitism. None of us is Americans that this issue is about saving the cities with any type of assistance that they really free, the argument goes, unless all of lives of innocent kids—and of grandmas in need, especially on an issue so vital. us have essentially unfettered access to their rocking chairs.

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

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.001 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E692 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 CONGRATULATING ALMA BERLOT The Friends of Gillette are volunteers de- RECOGNIZING CHRISTOPHER K. WHO WAS SELECTED AS voted to the children being treated at the Gil- WILLIAMS FOR ACHIEVING THE ‘‘WOMAN OF THE YEAR’’ BY THE lette Children’s Hospital and their families. The RANK OF EAGLE SCOUT WYOMING VALLEY WOMAN’S Friends of Gillette have raised more than $2 CLUB million in medical assistance for families and HON. SAM GRAVES they also donate items, such as knitted quilts OF MISSOURI HON. PAUL E. KANJORSKI and hats, to patients in an effort to bring com- IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA fort and warmth to the patient’s hospital stay. Wednesday, May 3, 2006 IN THE HOUSE OF REPRESENTATIVES Ms. Nettie Paulson’s dedication to the chil- Wednesday, May 3, 2006 dren and families of Gillette Children’s Hos- Mr. GRAVES. Mr. Speaker, I proudly pause pital has been felt for over 50 years. Through to recognize Christopher K. Williams, a very Mr. KANJORSKI. Mr. Speaker, I rise today the Friends of Gillette program, Ms. Paulson special young man who has exemplified the to ask you and my esteemed colleagues in the has now donated 1,000 of her hand-made finest qualities of citizenship and leadership by House of Representatives to pay tribute to quilts to Gillette patients over the years. She taking an active part in the Boy Scouts of Alma Berlot of Nanticoke, Pennsylvania, who has touched the lives and hearts of thousands America, Troop 288, and in earning the most was chosen as Woman of the Year by the of children and their families with her constant prestigious award of Eagle Scout. Wyoming Valley Woman’s Club for the year kindness. Christopher has been very active with his 2006. Mr. Speaker, Ms. Paulson is a great exam- Troop, participating in many Scout activities. Mrs. Berlot is affectionately known as the ple of one who is willing to share her talents Over the many years Christopher has been in- coal miner’s daughter because of the dedi- to help those in need. I commend Ms. Nettie volved with Scouting, he has not only earned cated work she did to spearhead the drive to Paulson for her decades of service to the chil- numerous merit badges, but also the respect place a statue of a coal miner at the intersec- dren and families of Gillette Children’s Hos- of his family, peers, and community. tion of East Main Street and Kosciuszko Street pital. Mr. Speaker, I proudly ask you to join me in in Nanticoke. Mrs. Berlot did that to immor- commending Christopher K. Williams for his talize the sacrifices made by her father and f accomplishments with the Boy Scouts of thousands of other mine workers who labored America and for his efforts put forth in achiev- IN HONOR AND RECOGNITION OF deep underground in often dangerous condi- ing the highest distinction of Eagle Scout. tions to support their families and to invigorate HOSPITAL CORPSMAN THIRD f the regional economy. CLASS VICTOR L. LEWIS OF THE Mrs. Berlot is now working to get a postage UNITED STATES NAVY STOP THE GENOCIDE IN THE stamp that will honor the coal miners for their DARFUR REGION OF SUDAN courage and bravery. HON. DENNIS J. KUCINICH Mrs. Berlot’s father, Ed Salvadore, lost his OF OHIO HON. BETTY McCOLLUM life in the mines. Her mother, Elizabeth Tulli, IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA was killed in a car crash by a drunken driver. IN THE HOUSE OF REPRESENTATIVES In tribute to her parents, Mrs. Berlot subse- Wednesday, May 3, 2006 quently organized a talented group of children Mr. KUCINICH. Mr. Speaker, I rise today in Wednesday, May 3, 2006 and young adults who entertain at nursing honor and recognition of United States Navy Ms. MCCOLLUM of Minnesota. Mr. Speak- homes, veteran’s gatherings, etc. The group is Hospital Corpsman Third Class Victor L. er, this past Sunday, April 30, 2006, hundreds called ‘‘Make Someone Happy.’’ Lewis, Company L, 3rd Battalion, 25th Marine of thousands of Americans gathered in cities Over the years, Mrs. Berlot has received Regiment, Combat Team 2, Marines Expedi- across the U.S. to rally to stop the murder, many awards from two State hospitals for her tionary Forces, upon his recognition by the end the suffering and call for action to stop the work with the mentally challenged and also United States Navy with a Bronze Star Medal genocide in the Darfur region of Sudan. the Special Olympics. for his heroic actions while serving in Iraq on As many as 400,000 children, men and Mrs. Berlot is married to Alvin Berlot and the April 4, 2005. women have been murdered in Darfur by the couple has four children: Dr. Alvin Berlot, At- Hospital Corpsman Third Class Victor L. Janjaweed militia with direct support from the torney Melissa McCafferty, Gina Bunchalk, Lewis is a firefighter in Cleveland, Ohio. His Government of Sudan. More than 2 million RNBSRN and Madonna Trombetta, RN. courage and conviction exceeded his excellent people have been displaced both inside The Wyoming Valley Woman’s Club gives training and experience as a firefighter, when Sudan as well as into the neighboring nation its ‘‘Woman of the Year’’ award annually to a his platoon came under fire last year. During of Chad. Villages have been burned, rape and worthy woman for her outstanding contribu- a mission in Haqllnayah, Iraq to locate an sexual violence has been used as a terrorist tions to the Wyoming Valley. The selection enemy weapons cache, Hospital Corpsman weapon against women and girls. The terror, committee is composed of past award winners Third Class Victor L. Lewis and his platoon horror, and evil perpetrated in Darfur is an including Doris J. Merrill, chairperson, Nan- came under attack by a well-coordinated ulcer on humanity that must be treated imme- ticoke; Anna Cervenak, Kingston; Rose Marie enemy ambush. The platoon was bombarded diately. If not, the terrorist tactics used by the Panzitta, Wilkes-Barre; Judith Ellis, College by heavy machinegun fire, mortars and rocket- Janjaweed and their state sponsors will be a Misericordia; Rose Mary Sigmund, Luzeme; propelled grenades. When a fellow Marine fell model for rogue nations and their non-state al- Martha Elko, Kingston and Ann MacFarland, wounded, Corpsman Lewis ran forty meters lies in every corner of the world. Ending the president, Wilkes-Barre. through heavy gunfire, administered first aid genocide in Darfur, providing on-going human- Mr. Speaker, please join me in congratu- and moved him to safety. itarian assistance and protection to the vic- lating Mrs. Berlot on the occasion of this out- When a second Marine was wounded, Hos- tims, and bringing the perpetrators—both the standing achievement. Mrs. Berlot’s devotion pital Corpsman Third Class Victor L. Lewis ran Janjaweed terrorists and their government to community service is well known and it is to his aid, again through the smoke and blast sponsors—to justice requires the U.S. and the fitting that she should receive this award. of heavy gunfire, rendered first aid, then lifted world to act. Action is what citizens across our f him up and carried him to safety. His efforts country are calling for. COMMENDING NETTIE PAULSON to save the lives of others while placing his I attended the rally in St. Paul, MN and I own life in grave danger reflects courage and want to express my sincere appreciation to all HON. GIL GUTKNECHT heroism of the highest level. of the organizations that worked hard to spon- Mr. Speaker and colleagues, please join me sor the rally and raise awareness regarding an OF MINNESOTA in honor, recognition and gratitude to Hospital international issue that speaks to our very hu- IN THE HOUSE OF REPRESENTATIVES Corpsman Third Class Victor L. Lewis, whose manity. It was a rainy day but those in attend- Wednesday, May 3, 2006 bravery and unwavering devotion to the mem- ance had warm hearts and their presence was Mr. GUTKNECHT. Mr. Speaker, I rise today bers of his platoon will forever stand as a tes- a reflection of the fact that we are a free peo- to commend Ms. Nettie Paulson of New Ulm, tament to the spirit and strength of the human ple—free from the fear, the misery and the Minnesota, for her service to the Gillette Chil- heart to face down fear and run through the horror facing our brothers and sisters in Sudan dren’s Hospital and her dedication to making fires of war to save the lives of his friends. and Chad. Their calls to ensure that Con- the patients more comfortable as a member of Our community and our Nation will be forever gress, the White House and the world are held the Friends of Gillette group. grateful. accountable for allowing the killing in Darfur to

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.005 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E693 continue were heard and I hope these voices pared. They are based on a statement that rate with a nation that is complicit in murdering continue to speak out for action until the day was made in the testimony about Libya and hundreds of thousands of its own citizens. The arrives when peace in Darfur triumphs over vi- Sudan, offering significant cooperation in hour is late, people continue to die, but it is the war on terrorism, therefore, they were olence. being given kudos for having improved their still not too late for action in Darfur that will We must have the courage of our convic- behavior, I found this offensive and out- save lives and bring peace. We don’t need tions to stop the genocide in Darfur—this is a rageous. Is the janjaweed militia committing more words and feigned gestures of concern. test of our humanity and we are failing the acts of terrorism in Sudan? The answer is A superpower’s impotence in the face of geno- test. I have had the privilege to travel twice to yes, unless you want to argue that they are cide is a signal to every dictator, terrorist and Darfur—to meet with the survivors of the not. Are they a terrorist organization? Yes. militia leader who seeks power or wealth genocide in January 2005 and again in Janu- Is the janjaweed including excursions into through murder and mayhem that the U.S. will ary 2006. The women and children I spoke Chad out of Sudan as part of their war on condemn with words, but take no action to terrorism? The answer would be yes. Is stop the cleansing of entire families, villages with have escaped the killing but continue to Sudan a state sponsor of terrorism when suffer and struggle for survival. Their courage they send in airplanes and helicopter gun and entire regions of a country. is an inspiration and it humbles me. And, as ships to murder women and children? The It is time for the world, including the United a citizen of the riches, most powerful nation on answer would be yes. States, to stop watching this horrific genocide earth, it is shameful to meet survivors of geno- Our country has used the term genocide in and start using our collective political will and cide and know we are watching as this horror what is going on in Sudan. We just spent $4 military power to protect lives. Americans care continues. million providing relief to the victims of deeply about human rights, human dignity and It is shameful to know that for 3 years the genocide in Darfur. Up to 300,000 people have our brother and sisters in Sudan. We must been murdered in Sudan, with two million commit ourselves to hold our government ac- U.S. and other free nations around the world displaced refugees, and yet we are giving have not had the political courage or the mili- them glowing reports for cooperating on the countable to act to end this genocide. Laws tary will to stop the mass murder. World lead- war on terrorism. I think we do need a defi- are important, but they are only words if there ers continue to say ‘‘genocide, never again,’’ nition, because other than that, we are being is no action. and yet the genocide continues. The murder hypocrites in this room, talking about fight- The time is now for action—action to stop and rapes continue. The terrorism and ethnic ing the war on terrorism. the killing, start the healing and ensure justice Mr. ZELIKOW. Congresswoman, I am sympa- is achieved for the people of Darfur. cleansing continues. The genocide by starva- thetic to your concern. We have spent a lot f tion and disease continues. Darfur is a horror of time in the last few weeks and months ac- the world knows about, a horror we all watch tually working on the problems of Darfur CONGRATULATIONS TO SPRING- on television. So why are our leaders not act- and the North-South Peace Accords and try- FIELD TECHNICAL COMMUNITY ing to end the genocide? ing to get help to combat just the kinds of COLLEGE’S WOMEN’S SOCCER horrific depredations that so trouble you. I am outraged to say that one reason the TEAM ON WINNING THE NJCAA world is not acting is because governments They trouble us, too. Question: Is Sudan a state sponsor of ter- DIVISION III NATIONAL CHAM- are collaborating with the perpetrators of rorism? Yes, and it is so designated by the PIONSHIP genocide. China wants Sudan’s oil and there- United States Government. Question: Do we fore the genocide in Darfur does not concern regard the acts committed by the janjaweed HON. RICHARD E. NEAL them. They stand in the way of the United Na- militia as terroristic? Yes, we do. And there- OF MASSACHUSETTS tions Security Council taking strong action to fore, we believe that action including force- IN THE HOUSE OF REPRESENTATIVES end the violence. ful, violent action needs to be directed by The U.S. government rightly condemns the the international community to curb those Wednesday, May 3, 2006 genocide. But on April 28, 2006, the Bush ad- abuses and mitigate the suffering that they have caused. Mr. NEAL of Massachusetts. Mr. Speaker, I ministration released its annual report on ter- The problem that we confront, the di- would like to take a moment today to con- rorism and commended, that’s right, com- lemma that we confront, is, in fact, in the gratulate the members of the outstanding mended, the Government of Sudan. Let me intelligence world; in the netherworld where women’s soccer team at Springfield Technical quote from this official report, ‘‘Sudan contin- a lot of counterterrorism work goes on, Community College (STCC) who have recently ued to take significant steps to cooperate in Sudan actually—one part of the Sudanese won the National Junior College Athletic Asso- the global war on terror.’’ Government actually has done a number of ciation Division III National Championship. Excuse me President Bush, the victims of cooperative things with us in that world. And so then you have to figure out how do What an honor! bombs, bullets, machetes, and rapes, the vic- you acknowledge that fact, which has helped This team of 14 women from Greater tims burned alive, are these citizens of Sudan, us, and it has helped us with people who are Springfield beat colleges from New Jersey, these victims of genocide, not also the victims targeting us outside of Sudan. How do you Maryland, and finally Texas to achieve this of terrorism? The Government of Sudan is offi- acknowledge that fact without appearing to title. Two of the championship games went be- cially designated a state sponsor of terrorism turn a blind eye to the horrors that so trou- yond overtime into penalty kicks, and the by the U.S. Department of State. Why is the ble you and trouble us? And that is the di- game was won by STCC on the last penalty U.S. cooperating with a government commit- lemma that we are trying to balance and kick. that is why I have approached your question These young women have distinguished ting genocide? the way I have. We should all be outraged that our govern- Ms. MCCOLLUM. Well, I am very concerned themselves have and made all of us in West- ment is cooperating with the Government of when we have government officials saying ern Massachusetts so very proud of them. Sudan as it sponsors terrorism and commits that they are cooperating on the war on ter- Their athletic talent and skill, and their quali- genocide against its own citizens. rorism. Whose war on terrorism? I am very ties of courage, determination, teamwork, and Unfortunately, this counterterrorism collabo- concerned about the safety of Americans. I leadership are among those that America ration with the terrorist Khartoum regime is not take an oath of office to protect that. I take holds highest. Each has demonstrated the new. On May 12, 2005, in a hearing before it very seriously, but we also have human qualities of teamwork in achieving this honor, the House International Relations Sub- rights hearings and try to hold ourselves up to a high standard and we slip and fall down and today I would like to honor them by insert- committee on International Terrorism and Non- sometimes. But when we are saying, well, be- ing their names into the CONGRESSIONAL proliferation, I had the opportunity to question cause they are with us on the war on ter- RECORD to forever be recorded in history: the Honorable Philip D. Zelikow, Counselor, rorism against who we are fighting with, we Christa Blair, Sarah Levesque, Crystal Dube, U.S. Department of State, who testified re- are going to say that they are moving for- Jess Luszc, Hillary Flanders, Le Nguyen, garding the release of last year’s Country Re- ward on the war on terrorism, when horrific Monica Gunn, Jackie Peloquin, Nora Healy, ports on Terrorism. The following exchange acts that are state-sponsored are taking Chrissy Pikula, Stefiny Knight, Lindsey from that hearing is insightful for Americans place. I think at a minimum, if you are going Pobieglo, Marianne Laford, and Kara Trzasko. who believe ending genocide in Darfur is not to describe what is going on in Sudan, it Congratulations also to the outstanding would only be respectful to the people who separate from the war on terrorism. Yet it ap- have been murdered and displaced, to recog- coaching staff: Head Coach Bob Fuqua, As- pears that the genocide does not deter the nize in the same breath that there are sig- sistant Coach Brewster Renn, as well as U.S. intelligence community’s ability and de- nificant problems out there. And then the former Head Coach Martino Naglieri and As- sire to collaborate in the shadows with the re- question becomes, whose side are we on? sistant Jim LaPlante for bringing this team to- gime in Sudan. Mr. ZELIKOW. Right, no, it is a fair point— gether and achieving this national title. I would Ms. MCCOLLUM. Thank you, Mr. Chair. Mr. Speaker, this is not the time to look for also like to make a special note of the con- Well, I had some questions that I had pre- excuses that allow our government to collabo- tributions of STCC Athletic Director J. Vincent

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.009 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E694 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 Grassetti, and his predecessor Willie Manzi for Mrs. Teresa Shockley and in thanking her for RECOGNIZING MATTHEW their efforts in building such a fine athletics her commitment to education. SCHANUEL FOR ACHIEVING THE program. RANK OF EAGLE SCOUT SPRINGFIELD TECHNICAL COMMUNITY COLLEGE f LADY RAMS 2005 WOMEN’S SOCCER ROSTER TEXAS MADD CANDLELIGHT VIGIL HON. SAM GRAVES The NJCAA Division III National Cham- OF MISSOURI pions, November 13, 2005, in Herkimer, NY, IN THE HOUSE OF REPRESENTATIVES against Cedar Valley College of Dallas, HON. TED POE Texas. OF TEXAS Wednesday, May 3, 2006 Sarah Levesque, goalkeeper, Ludlow High IN THE HOUSE OF REPRESENTATIVES School. Mr. GRAVES. Mr. Speaker, I proudly pause Christa Blair, forward, Gateway Regional Wednesday, May 3, 2006 to recognize Matthew Schanuel, a very special High School. young man who has exemplified the finest Stefiny Knight, midfielder, Ludlow High Mr. POE. Mr. Speaker, as you know, April qualities of citizenship and leadership by tak- School. 23–29 was designated as ‘‘National Crime Vic- ing an active part in the Boy Scouts of Amer- Crystal Dube, midfielder, South Hadley tims’ Rights Week.’’ In conjunction with crime ica, Troop 288, and in earning the most pres- High School. victims’ rights week, the Texas Chapter of Marianne Laford, defense/midfield, Spring- tigious award of Eagle Scout. Mothers Against Drunk Driving, MADD, held a Matthew has been very active with his field Central High School. statewide candlelight vigil on Monday, April Kara Trzasko, defense, Gateway Regional troop, participating in many scout activities. High School. 24, 2006, in Austin, Texas. I had the privilege Over the many years Matthew has been in- Nora Healy, forward, Chicopee High to attend, as well as speak, at the vigil. The volved with scouting, he has not only earned School. candlelight vigil was held to recognize, re- numerous merit badges, but also the respect Chrissy Pikula, defense/midfield, High member, and honor all of the victims of crime, of his family, peers, and community. School of Science & Technology. throughout the Great State of Texas. It is only Mr. Speaker, I proudly ask you to join me in Jess Luszcz, midfielder, Ludlow High fitting that we pay tribute the Texas Chapter of School. commending Matthew Schanuel for his ac- Le Nguyen, defense, High School of Science MADD for their dedication and commitment to complishments with the Boy Scouts of Amer- & Technology. educating, preventing, and ending drunk driv- ica and for his efforts put forth in achieving the Lindsey Pobieglo, midfield/forward, Palm- ing, and its devastating consequences, in highest distinction of Eagle Scout. er High School. Texas and throughout the United States. f Jackie Peloquin, defense, Chicopee High The National MADD Organization was es- School. tablished in 1980 by Candy Lightner, whose A WAVE’S FIRST STRIKE Monica Gunn, midfielder, Palmer High 13 year old daughter, Cari, was struck and School. Hillary Flanders, forward, Sabis Inter- killed by a drunk driver, while she was walking HON. CHARLES B. RANGEL national Charter School. to a school carnival. All of MADD’s 10 presi- OF NEW YORK Head Coach: Bob Fuqua. dents have been victims and/or lost a loved IN THE HOUSE OF REPRESENTATIVES Assistant Coach: Brewster Renn. one to a drunk driver. MADD’s current presi- Athletics Director: J. Vincent Grassetti. dent, Glynn Birch became the first male presi- Wednesday, May 3, 2006 f dent of the organization in 2005. Since its in- Mr. RANGEL. Mr. Speaker, I rise today in TRIBUTE TO TERESA SHOCKLEY ception, MADD has grown from a single chap- acknowledgment of a recent opinion editorial ter to nearly 600 chapters nationwide, with the in the Washington Post and an editorial in the HON. IKE SKELTON number of supporters in the millions. MADD New York Times which called for comprehen- has been responsible for raising the federal sive immigration reform and the fair treatment OF MISSOURI drinking age to 21 years of age, lowering the of undocumented immigrants in this country. It IN THE HOUSE OF REPRESENTATIVES legal threshold for intoxicated driving to .08, is clear to me that this is only the beginning Wednesday, May 3, 2006 launching countless public service and media and that much more is coming. Mr. SKELTON. Mr. Speaker, let me take ad campaigns alerting teens to the dangers of On May 1st there was a Latino national this means to congratulate second grade drinking and driving, and celebrating its 25th strike in which tens of thousands of people did teacher Teresa Shockley, who received the Anniversary with the theme—‘‘MADD Cele- not show up for work in support of their cause. Missouri State Teacher’s Association (MSTA) brates Life.’’ Strikes took place in cities such as New York, Southwest Region Elementary Educator of the The Texas Chapter of MADD has been rec- Chicago, Denver, Atlanta, and Los Angeles. Year award. ognized for its efforts throughout the state in Millions are taking to the streets to make sure On April 10, 2006, Mrs. Shockley received promoting the goals and principals of the Na- that their voices are heard. the award for the southwest region of Missouri tional MADD Organization. The Texas MADD They want to make Americans nationwide for her innovation in the classroom. Mrs. was the recipient of the 2002 Heart of MADD understand that they are not here to harm Shockley teaches using hands-on lessons Award—honoring Texas’ efforts in building anyone, but to work and support their families three to five times a week. Currently, her stu- strong victim service programs and outreach alike. These are people with values like our dents are growing tadpoles and plants and to victims of drunk driving crime. The Texas own and who also share our ethics of working preparing for a musical. She also has the chil- MADD has also been recognized by the Na- hard to support oneself. Many in this country dren in her class create mini-economies, in tional MADD organization for their work re- are not willing to take the necessary time to which the students set up counties, cities, and garding their efforts to combat underage drink- assess the struggle that immigrant families go city councils. ing in Texas, passing the .08 blood alcohol through. Why is it that their contributions to Mrs. Shockley has been teaching for twelve concentration in the Texas State Legislation, our society are often ignored while their ex- years, the last three of which she has taught and for their contribution to a video for teens ploitation goes unnoticed? These are the peo- second grade at Conway, Missouri’s Ezard El- showcasing the danger of teenage alcohol ple that make our meals, trim our hedges and ementary School. After she graduated from consumption. The Texas Chapter of MADD construct our buildings, yet will we continue to Conway High School in 1989, she attended has also supported countless pieces of Texas regard them forever as second-class citizens? Southwest Missouri State University. Mrs. state legislation which protects its fellow Tex- We must no longer continue on this dan- Shockley earned her Master’s degree from ans from drunk drivers, as well as making gerous path. Southwest Baptist University while teaching sure the offenders are adequately punished. The op ed in the Washington Post noted fifth grade at Joel E. Barber School near Leb- The Texas Chapter of MADD, as well as the that, ‘‘something important is happening— anon, Missouri. She has written various grants National MADD Organization, has made it something that goes beyond the debate on including, ‘‘Time Travel Through Literature,’’ their mission to protect our roadways and edu- Capitol Hill about immigration reform’’, and and ‘‘Consumers in Training.’’ She also stays cate our citizens to the negative con- that statement has never been more valid than active in the community through her involve- sequences of drunk driving. They are also re- now. There is a serious desire of immigrants ment in the Community Teacher’s Association sponsible for caring for the victims from these to become members of our community, and the Professional Development Committee senseless acts of violence, to ensure their through hard work and patriotism, fundamental at Ezard Elementary School. voices are heard and not forgotten. The Texas principles we all hold close to our hearts. The Mr. Speaker, I am certain that the Members Chapter of MADD truly deserves this recogni- goal of this government should not be to erect of the House will join me in congratulating tion. That’s just the way it is. barriers that hinder people from contributing

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.013 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E695 and achieving the American Dream, but to guage version of ‘‘The Star-Spangled Ban- thing simple: a chance to work to become help those who seek our assistance so that ner’’ that was released by an all-star chorus citizens, with all the obligations and oppor- they can become productive members of our of Latino recording artists last week. Some tunities that go with it. heard a genuine expression of patriotism; Our lawmakers, to their discredit, have society. others heard an unnecessary and unwise erected barriers within barriers, created We must take decisive action to ensure a provocation. legal hurdles and bureaucratic hoops, and fair and equitable immigration policy. We must Maybe it was neither. Maybe ‘‘Nuestro dangled the opportunity for lowly guest- make it so that no one in this country feels like Himno’’ was a step in forging and tempering worker status without the citizenship to go a second-class citizen. We must make it so a stronger pan-Latino identity and political with it. It is an invitation to create a society that everyone has a equal footing for advance consciousness. Black people have skin color with a permanent underclass deprived of any and prosper. This movement should be a way as a factor to unite us; Latinos, who can be ladder to something better. It is a path to to bring our minority communities together, es- of any race, have Spanish. creating a different, and lower, vision of our But let me be clear: We can also say that country and ourselves. pecially the African American community. We the movement whose birth we are witnessing It is not only the border-obsessed Minute- should see this as an opportunity to help oth- is not a clone or even a descendant of the men who should be shamed by yesterday’s ers who have experienced something we all civil rights movement that won for African joyous outpouring. Lawmakers who have have in common, discrimination. Americans our place in this society. There’s stymied comprehensive immigration reform I enter into the RECORD, these opinion edi- just no way to compare a group of people with stalemated name-calling and cold elec- torials by Eugene Robinson and the New York whose ancestors were brought here in chains, toral calculation should listen up. A silent, Times editorial for their different perspectives forced to work as slaves and then systemati- shadow population is speaking with one on such a controversial topic. This is truly an cally classified as second-class citizens for voice. The message, aimed at Washington more than a century with another group of but something the whole country should issue that has started to divide our country in- people, however hard-working or well-mean- hear, is clear: We are America. We want to stead of unite it. We must come to this issue ing, who came to the United States volun- join you. of immigration with a clearer view, one that tarily. It’s a simple message. It should be sinking does not include our cultural biases and ha- That said, I am convinced that the nation’s in by now. tred for those different than ourselves. The two biggest minorities are natural allies, not f editorial asks if the message has sunken in rivals, and that a crucial task over the com- yet with the American people. We are hearing ing months and years will be to find ways for HONORING THE CHURCH OF THE their message and I hope that it starts to sink African Americans and Latinos to work to- ASCENSION ON THE OCCASION gether. Our histories may be different, but in. OF ITS 100TH ANNIVERSARY we have at least one big thing—discrimina- CELEBRATION [From the New York Times, May 2, 2006] tion—in common. A WAVE’S FIRST STRIKE For the two groups to fight over low- (By Eugene Robinson) skilled, low-wage jobs would be a tragic HON. PAUL E. KANJORSKI waste of time and effort. The issue is how The construction sites I drove past on my OF PENNSYLVANIA both African Americans and Latinos can way to work yesterday were abnormally IN THE HOUSE OF REPRESENTATIVES claim a fair share of this nation’s vast quiet, almost tranquil, without the usual wealth and opportunity, not how we can Wednesday, May 3, 2006 bustle of organized chaos, Every once in a wrestle the scraps from one another. The while, a crane indolently traced its arc; Mr. KANJORSKI. Mr. Speaker, I rise today issue is who gets to occupy the corner office every once in a while, a truck arrived or de- to ask you and my esteemed colleagues in the during working hours, not who gets to clean parted. But the basic activity involved in it at night. House of Representatives to pay tribute to As- putting up an office building—picking stuff Congress may do something reasonable on cension Church in Mocanaqua, Luzerne Coun- up and carrying it from here, where the immigration, giving the estimated 12 million ty, Pennsylvania, as parishioners prepare to crane or the trucks left it, to there, where people already here without papers a chance celebrate the 100th anniversary of their it’s needed—went largely undone. to become citizens or legal residents, but In Washington’s Mount Pleasant neighbor- church’s founding on June 11. there’s no guarantee. It may be that there’s hood, long a magnet for Latino immigrants, In May of 1906, a group of Slovak men for- no common ground among the president, the it felt almost like a Sunday morning. Few mulated plans to raise funds and build a House and the Senate—at least not in an people were out and about, and only about church to accommodate the needs of their election year. But if you take the long view, half the local businesses were open. On the I’m not sure that Capitol Hill is where the families and neighbors. padlocked doors of a pharmacy, a dental real news is happening. Land was purchased and the cornerstone clinic, a barbershop, a wire transfer office Yesterday the news was happening at con- was laid in October, 1906. The church was where immigrants send money home to their struction sites, where it was demonstrated formally dedicated in October, 1907, by the families, and other offices were taped iden- that steel, lumber and glass will not move Most Rev. Michael J. Hoban, then bishop of tical fliers, with a notice in Spanish and from here to there on their own. English: ‘‘We will be closed on Monday May the Scranton Catholic Diocese. He was as- 1st in support of the Latino national strike.’’ [From the Washington Post, May 2, 2006] sisted by Right Rev. John S. Sobota, Rev. Two middle-aged women who identified THEY ARE AMERICA Matthew Jankola and Rev. Joseph Murgas. themselves as Maria and Sonia (neither Warnings of a crippling immigrant boycott The church cemetery was purchased and would give a last name) strolled past, point- did not come true yesterday. The economy blessed in 1915. ing out all the closed businesses. ‘‘This ac- survived. But what may not survive—we Monsignor Sobota, then pastor at St. Jo- tion is a good idea, a very good idea, because hope—is people’s willful misunderstanding of seph’s Church, Nanticoke, served the Church we have to support all the people who are the nature of the immigrant-rights move- of the Ascension from 1907 to 1926 when here without papers,’’ said Maria, who, like ment. her friend, is from El Salvador. ‘‘We came The worst among our citizens and politi- Rev. Daniel Gregga was named the first resi- here to work hard, not to harm anyone. Sal- cians are eager to depict illegal immigrants dent pastor. Parishioners bought a lot and vadorans are hard workers. We’re not crimi- as criminals, potential terrorists and alien built a rectory which was replaced by a new nals.’’ invaders. But what we saw yesterday, in rectory in 1930. All morning local Spanish-language radio huge, peaceful rallies in Los Angeles, Las Other pastors who served the Church of the hummed with urgent news and advice. There Vegas, Chicago, Denver, New York, Atlanta Ascension include Rev. Andrew Sporinsky, would be a demonstration in the afternoon and other cities, were regular people: the Rev. Andrew Liktor, Rev. Joseph Gavenda, at Malcolm X Park. This was to be a day of same types of assimilation-minded moms, Rev. Aloysius Baloga, Rev. Michael Krupar, peaceful solidarity. No one should jeopardize dads and children we wistfully romanticize his or her job; if you have to go to work, join on holidays devoted to, say, St. Patrick and Rev. Joseph Podskoc, Rev. Cyril Frankovich, the demonstration later. Columbus. Rev. Stephen Yaneka, Rev. John Zipay, Rev. It’s too early to judge the impact of yester- If these extraordinarily positive events John Fabian, Rev. Edward Liptock, Rev. Ste- day’s nationwide ‘‘Day Without Immigrants’’ were a protest of anything, it was the idea of phen Medwick, Rev. Louis Garbacik, Rev. protest, but it’s past time to recognize that the immigrant as temporary and unwelcome Francis Skitzki, Msgr. John Balberchak, Rev. something important is happening—some- guest worker. The marches flew in the face Carl Prushinski, Rev. Gerald McGlone, Rev. thing that goes beyond the debate on Capitol of theories that undocumented workers want Thomas Skotek, Rev. Michael Zipay, Rev. An- Hill about immigration reform. At this point nothing but to labor unnoticed and separate thony Generose and Rev. Joseph Kakareka. it’s harder to say just what this nascent from the nation that employs them to make Latino movement is than to point out what its meals, trim its hedges and slaughter its Over the years, the parish properties have it is not. It’s certainly not a monolith. There beef. seen many improvements and expansions. In has been spirited internal debate, for exam- These immigrants, weary of silent ser- 1999, the church underwent major renovation. ple, over ‘‘Nuestro Himno,’’ the Spanish-lan- vitude, are speaking up and asking for some- Central air conditioning was installed, the

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.018 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E696 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 sanctuary was disassembled and rebuilt, new IN HONOR OF GREEK plishments with the Boy Scouts of America carpeting was laid, the church was rewired, INDEPENDENCE DAY and for his efforts put forth in achieving the pews were renovated, the church interior was highest distinction of Eagle Scout. repainted and handicapped access was made HON. DENNIS J. KUCINICH f available. OF OHIO CONGRATULATING SOUTH ST. In the latest restructuring in 2005, the IN THE HOUSE OF REPRESENTATIVES PAUL HIGH SCHOOL GIRLS’ Church of the Ascension now shares its pas- Wednesday, May 3, 2006 HOCKEY PROGRAM tor, Rev. Kakareka, with two other nearby par- ishes. Mr. KUCINICH. Mr. Speaker, I rise today to honor the nation of Greece on its triumphant HON. BETTY McCOLLUM Mr. Speaker, please join me in congratu- 185th anniversary of winning independence. OF MINNESOTA lating the parishioners of the Church of the Throughout its glorious history, Greece has IN THE HOUSE OF REPRESENTATIVES Ascension, both past and present, for their for- proven to be an inspiration to the United Wednesday, May 3, 2006 titude and devotion that has resulted in the States and to nations around the world. continuous existence of a proud parish for the Ms. McCOLLUM of Minnesota. Mr. Speaker, The birthplace and cradle of democracy, past century. It is the faith, integrity and dedi- it is with great pride that I rise today to con- Greece’s long history of promoting the ideals cation of people like those who belong to the gratulate the South St. Paul High School Girls’ of justice and freedom now serves as a stand- Church of the Ascension that has contributed Hockey Program—the 2006 Minnesota State ard against which we measure all other na- to making this Nation great. And we are thank- Class A Champions! With this win, South St. tions. The legacy of antiquity is still felt ful to them for that wonderful gift. Paul finished the season 22–6–1. throughout the streets of Athens today. It was In an exciting a 3–2 overtime win, the Pack- the ancient Greeks who first realized that the ers’ won their fourth State title in five years. In f right of self-governance was an essential foun- fact, this year marks the Packers’ eighth ap- CONGRATULATING STEVEN dation of any civilized society. Although such pearance at the State tournament, which is a BENSON principles seem elementary today, their ideas record for the South St. Paul Girls’ Hockey were revolutionary in their own time. We can- Program. I am confident that these young not discount the influence that ancient Greece women will continue to reach for new chal- HON. GIL GUTKNECHT has had on our Nation. lenges and break old records. In the founding of our Nation, Greece As an alumna of South St. Paul High OF MINNESOTA served as a model by which the framers of the School, it is exciting to see how far women’s IN THE HOUSE OF REPRESENTATIVES constitution structured our government. After athletics has come. These young women Wednesday, May 3, 2006 helping to author our Constitution, Thomas played and won their championship on the Jefferson referred to Greece as ‘‘the light, same ice that the men’s National Hockey Mr. GUTKNECHT. Mr. Speaker, I rise today which led us out of Gothic darkness.’’ That League plays. Young women today have to congratulate Mr. Steven Benson of same light, still shining from the distant memo- greatly benefited from the landmark legislation Owatonna, Minnesota on receiving the 2005 ries of ancient Greece, guides our Nation that, among other provisions, ensures equality Presidential Award for Excellence in Mathe- today. in athletics for female athletes—Title IX. Be- matics and Science Teaching. Mr. Speaker and Colleagues, please join me cause of Title IX young women today have This award was established in 1983 by an in honoring the nation of Greece, on the 185th more opportunities—to practice, to play, to win Act of Congress and is administered for the anniversary of their independence. Much like championships—than the women of earlier White House by the National Science Founda- our own Fourth of July, Greek Independence generations. tion. The award recognizes teachers who are Day is a time for people to come together and Over the past 30 years, many doors have both role models for colleagues and encour- celebrate a shared vision. For the past six opened for women and girls in this country, age talented individuals to become and remain years, the organizers of the Greek Independ- and we must continue to ensure that our sis- teachers. Outstanding math and science edu- ence Day Committee have worked to create a ters are offered equal athletic opportunities at cators are nominated each year from the wonderful community and family event that is all levels of their abilities. As the mother of a young woman who has participated in ath- United States and four other jurisdictions. enjoyed and shared by Clevelanders of all eth- letics, I am proud to see that this law has en- Teachers may be nominated by faculty, stu- nic backgrounds. This year, it is important for abled more young women to participate in the dents, parents or members of the community. all Americans to remember the history of inde- athletic activities that young men have enjoyed After advancing through an intense selection pendence and to remember where the roots of our Nation originate. It is a time to honor all for so many years. process at both state and national levels, the Congratulations Packers! I join with the resi- final winners are announced by the President people who join in the struggle for liberty and justice. dents of South St. Paul in their celebration of of the United States. your success and look forward to the celebra- Mr. Steven Benson has proven himself as a f tion of future successes! dedicated and outstanding educator. Mr. Ben- RECOGNIZING JOEL R. HERNDON f son believes in making his math classes more FOR ACHIEVING THE RANK OF SINAI TEMPLE 75TH ANNIVERSARY relevant to everyday life to generate greater EAGLE SCOUT interest in his students and encourage their success. By creating a personal connection to HON. RICHARD E. NEAL the content, Mr. Benson shows students how HON. SAM GRAVES OF MASSACHUSETTS math significantly affects and influences their OF MISSOURI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES hobbies, activities, and future plans. For this Wednesday, May 3, 2006 Wednesday, May 3, 2006 commitment to his profession and to his stu- Mr. NEAL of Massachusetts. Mr. Speaker, I dents, Mr. Benson will receive The Presi- Mr. GRAVES. Mr. Speaker, I proudly pause would like to recognize on the House floor that dential Award for Excellence in Mathematics to recognize Joel R. Herndon, a very special 2006 marks the seventy-fifth anniversary of and Science Teaching—the highest honor a young man who has exemplified the finest the Sinai Temple in Springfield, Massachu- teacher of mathematics or science can re- qualities of citizenship and leadership by tak- setts. I congratulate the members and leaders ceive. ing an active part in the Boy Scouts of Amer- of the temple for the important role it plays in I extend my sincere congratulations to Mr. ica, Troop 357, and in earning the most pres- the Jewish community throughout the Spring- Steven Benson for receiving the 2005 Presi- tigious award of Eagle Scout. field area. I hope the spiritual services and dential Award for Excellence in Mathematics Joel has been very active with his troop, community cohesion the temple brings to its and Science Teaching. Quality math teachers, participating in many scout activities. Over the members will continue well into the future. I like Mr. Benson, inspire our students’ inquisi- many years Joel has been involved with would like to insert into the RECORD a brief tive nature to explore new challenges, innova- scouting, he has not only earned numerous history of the Sinai Temple that honors its tive career paths, and the future of ideas. His merit badges, but also the respect of his fam- founders and leaders throughout the years. steadfast professionalism and abilities in the ily, peers, and community. A BRIEF HISTORY OF SINAI TEMPLE classroom are a standard for which all edu- Mr. Speaker, I proudly ask you to join me in Sinai Temple began in 1931 when newly- cators should aim. commending Joel R. Herndon for his accom- weds Samuel and Helen Simons decided that

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.022 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E697 Springfield, Massachusetts needed an alter- and remained devoted to her until her death in dren’s Protective Services, is an executive native to the Orthodox and Conservative 1999. He was a long-time employee of Farm representative for the Harris County (TX) synagogues in the area. The last major con- and Home Savings and Loan in Nevada, Mis- Youth and Family Services Division, a mem- gregation to have been founded in the com- munity was Temple Beth El, which came souri. Mr. Hoffman joined Osage Lodge 303 of ber of the Harris County (TX) Child Fatality into being in 1910. Although Sam Simons had the Ancient Free and Accepted Masons in Review Team, a member of the Child Abuse grown up in Springfield without a Reform February 1934 and was raised to the level of Task Force, an administrative chair of the presence, Helen had grown up in a large Re- Master Mason on April 20, 1934. He is also a CAC Partner Council, a member of the Child form congregation in West Hartford. She and member of the Elks lodge. In 2004, Mr. Hoff- Sexual Abuse Review Team, a member of the Sam wanted to bring that kind of religious man was presented with a 70-year pin from Mayor’s Victim’s Memorial Committee, and a opportunity to Springfield. the Missouri Grand Master, Stanley Thomp- lifetime member of the Friends of the CAC. Services began in individual homes. After son, and he was honored by the Elks in 2005. These are just a portion of the organizations that a home was purchased on Sumner Ave- nue and remodeled to serve as home for the Mr. Speaker, I am certain that my col- privileged to have Elaine participate in; the list growing congregation. During the beginning leagues will join me in wishing Mr. Burton goes on and on. years of the congregation, Rabbis David Hoffman all the best in the days to come. On April 21, 2006, Elaine was awarded the Eichhorn, Judah Cohn, and Hershel Levin led f Congressional Victim’s Rights Caucus’ ‘‘Ed the congregation. Then, with the arrival of Stout Memorial Award for Outstanding Victim Rabbi Herman Elliot Snyder in 1947, a build- ELAINE STOLTE ing drive led to the purchase of land at what Advocacy.’’ The award honors the memory of was then the ‘‘outskirts’’ of Springfield. HON. TED POE Ed Stout; the Director of Aid for Victims of Ground was broken for the building Sinai Crime of St. Louis, MO, one of the Nation’s OF TEXAS now occupies on August 15, 1949. The building three oldest victim assistance organizations, at 1100 Dickinson Street was completed in IN THE HOUSE OF REPRESENTATIVES who died in 2005 following a 30+ year career 1950. Not too long after that, the other Jew- Wednesday, May 3, 2006 of inspiring crime victims and those who serve ish institutions of Springfield followed Sinai Mr. POE. Mr. Speaker, there are thousands them. The recipient of the award is a profes- so that they are now familiar landmarks at sional or volunteer whose effects directly ben- the Dickinson Street/Converse Street inter- of individuals who make it their life’s work to section: The Jewish Community Center, Jew- help our Nation’s most vulnerable victims—our efit victims and survivors of crime. The award ish Geriatric Services, Heritage Academy kids. One of the best is my dear friend, Elaine recognizes innovations in victim assistance plus Temple Beth El and Congregation Bnai Stolte. I have known Elaine for what seems and crime victim services in the areas of pro- Jacob. like forever. She was my District Court Coordi- gram development, public, or agency policy Rabbi Snyder’s era, from 1947 to 1970, saw nator for 17 years while I was a judge in Har- development, community and public aware- the congregation grow from 100 families to ness, and collaboration among community, 450 families. With that growth came a Reli- ris County, Texas. Throughout all of these years, I have watched Elaine crusade tire- and justice-based organizations that serve vic- gious School, Hebrew and Bar/Bat Mitzvah tims of crime. instruction, a Cantor and choir, a well lessly for children who have been subjected to stocked library, and a commitment to com- the worst circumstances of sexual abuse and Elaine’s achievements with the CAC and in munity. help them to cope, recover, and prosecute the the community far surpass these qualifica- When Rabbi Snyder became Rabbi Emer- offenders. Due to Elaine’s dedication to child tions. As Founder of the Congressional Vic- itus, Rabbi Bernard Cohen guided the con- victims, she was recently awarded the ‘‘Ed tim’s Rights Caucus, I had the honor of pre- gregation through a year of transition. He Stout Memorial Award for Outstanding Victim was followed by Rabbi Stanley Davids (1971– senting her with this award. Elaine’s innova- 1977), Rabbi Howard Kaplansky (1977–1983), Advocacy’’ by the Congressional Victim’s tion, determination, and compassion for the and Rabbi Bernard Bloomstone (1983–1988). In Rights Caucus on April 21, 2006. For this rea- CAC, and for its child victims, are inspirations 1979, Emily Sleeper Mekler came to the con- son, Elaine is being recognized. to us all and makes her one of the best child gregation as Cantor. Elaine Stolte is the Executive Director of the advocates in the Nation. I am truly blessed to In 1988, Rabbi Mark Dov Shapiro arrived in Children’s Assessment Center (CAC) in Hous- consider her one of my dearest friends and to our community. Rabbi Shapiro brought en- ton, Texas. The Center was established in provide her the recognition she deserves. thusiasm, a can-do spirit, along with a heart- 1991 to protect and serve sexually abused felt traditional way of embracing Judaism, That’s just the way it is. tzedakah, Torah, and social action. Rabbi children in a professional, compassionate, and Shapiro has overseen the beautification of coordinated manner. Elaine began serving as f the Temple; the establishment of a second the Executive Director of the CAC in August of endowment fund; the enrichment of our Reli- 2001, after previously serving for a year as the RECOGNIZING DANIEL EDWARD gious School and the expansion of our social CAC’s Assistant Director. ESHNAUR FOR ACHIEVING THE action programming. The Rabbi is also de- Elaine’s primary duties require the manage- RANK OF EAGLE SCOUT voted to Torah Study and offers a weekly ment of the CAC, which is a collaboration of Shabbat morning class. During the Rabbi’s 35 partner agencies that include Federal, tenure at Sinai, many innovations have also State, and city staff, academic institutions, and taken place in the style of our worship. HON. SAM GRAVES Sinai Temple has also been blessed with non-profit organizations. She has worked vig- OF MISSOURI excellent lay leadership, both male and fe- orously with numerous criminal justice, med- male. Throughout the years, each president ical, educational, and government practitioners IN THE HOUSE OF REPRESENTATIVES and his or her Board of Trustees have con- in creating policy initiatives, and raising com- tributed much to the tenor and health of the munity awareness, on child sexual abuse. She Wednesday, May 3, 2006 Temple. has also been instrumental in training the Mr. GRAVES. Mr. Speaker, I proudly pause We hope you’ll want to learn more about practitioners of the role and necessity of the Sinai. Call us, please. We are eager to wel- to recognize Daniel Edward Eshnaur, a very come you into our community. CAC. special young man who has exemplified the Elaine has not only dedicated her profes- f finest qualities of citizenship and leadership by sional time to victim advocacy, but is involved taking an active part in the Boy Scouts of TRIBUTE TO BURTON HOFFMAN in many community programs as well. She America, Troop 357, and in earning the most has been a conference presenter for the Na- prestigious award of Eagle Scout. tional Children’s Alliance, a graduate of the HON. IKE SKELTON Daniel has been very active with his troop, OF MISSOURI FBI’s Citizen Academy, a member of the Fed- eral Review Team for the Department of Fam- participating in many scout activities. Over the IN THE HOUSE OF REPRESENTATIVES ily and Protective Services, is on the Board of many years Daniel has been involved with Wednesday, May 3, 2006 Directors for the Children’s Advocacy Centers scouting, he has not only earned numerous Mr. SKELTON. Mr. Speaker, let me take of Texas—State Chapter, a mentor with the merit badges, but also the respect of his fam- this opportunity to recognize Mr. Burton Hoff- CAC Texas Mentor Program, the appointed ily, peers, and community. man of Nevada, Missouri. Born on August 7, commissioner for the Joint City/County Com- Mr. Speaker, I proudly ask you to join me in 1903, Mr. Hoffman celebrates his 103rd birth- mission on Children, is on the Board of Direc- commending Daniel Edward Eshnaur for his day this year. tors for the Substance Abuse and Mental accomplishments with the Boy Scouts of Mr. Hoffman has lived a very full and pro- Health Services Administration, is the CAC America and for his efforts put forth in achiev- ductive life. He married his late wife in 1925 representative for the Harris County (TX) Chil- ing the highest distinction of Eagle Scout.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.028 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E698 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 CHRISTENSEN URGES MANAGED tions may reduce the amount of health care individuals the opportunity to repair essential HEALTH CARE EXECS TO HELP needed and improve quality of life and im- elements of their homes at affordable prices. CLOSE DISPARITY GAP prove outcomes.’’ Christensen commended CEO came to the aid of senior citizens in some businesses that have ‘‘looked at health the wake of the devastating Flood of 1972 by disparities among your own employees and HON. CHARLES B. RANGEL the costs of care and are beginning to insti- developing Washington Square Towers, an OF NEW YORK tute programs to improve both their health apartment complex for the elderly. For nearly 20 years, CEO operated a successful senior IN THE HOUSE OF REPRESENTATIVES and your costs.’’ Christensen said that it should be a matter citizens market that enabled the elderly to Wednesday, May 3, 2006 of conscience that ‘‘in the richest, most save significant sums on basic food items. Mr. RANGEL. Mr. Speaker, I rise today to technologically advanced and supposed hu- Today, CEO’s Weinberg Food Bank provides manitarian country in the world . . . there staple food items to those who meet income enter into the RECORD an article submitted by are an estimated 100,000 annual preventable, the Congressional Black Caucus entitled premature, excess deaths in African Ameri- guidelines. ‘‘Christensen Urges Managed Health Care cans.’’ Similar statistics exist in the His- Indeed, over the years, CEO has fostered Execs to Help Close Disparity Gap’’ which ad- panic, Native American and Asian and Pa- several community services that eventually be- dresses the disparities in health care as expe- cific Islander communities. ‘‘For years poli- came independent entities. These include rienced by minorities in this country. ticians, community activists, advocates and Legal Services, Rural Health Corporation, Ma- On April 20, 2006, during the Capitol Sum- organizations have been calling for an appro- ternal and Family Health Services, Child De- mit: Politics in Healthcare event, Congress- priate response to such devastating but pre- velopment Council, Luzerne County Human ventable disease, disability and death in Resources Development Department and woman DONNA CHRISTENSEN, in her role as communities of color,’’ she said. ‘‘We have the chairperson for the Congressional Black argued on the humanity of it, on the right Head Start. Caucus’s Health Braintrust, addressed a group and God-fearing thing to do.’’ The original incorporators of CEO included of managed health care executives to discuss Christensen pointed to the role that un-in- Gottfried Csala, Mrs. Horace Kramer, George the challenges facing health care organiza- surance and underinsurance play in the per- Troy, Carlo Poerio and Raymond Batow. tions. Congresswoman CHRISTENSEN focused sistence of health disparities and the effect Today, CEO’s board of directors officers in- on the disparities in care for all ethnic minori- that it has had on the wider community. She clude Monsignor Andrew J. McGowan, presi- pointed to the fact that many communities, ties in this country. dent; Attorney David Aikens, vice president; including her district of the U.S. Virgin Is- John Namey, vice president; Gary F. Lamont, As you will see as you read the submission, lands have struggled to determine the fairest there are many challenges to overcome to en- way to provide coverage for employees in treasurer; and Marie McCormick, secretary. sure quality health care for all Americans. Ms. businesses large and small. ‘‘Lack of insur- The board also includes Peter D. Aula, CHRISTENSEN’s statements are not all inclu- ance and (the) resulting poor health under- Jollene Bradford, Attorney Joseph Cannody; sive; they actually touch on the tip of the ice- mines everyone else’s healthcare,’’ she said, William Cherkes, Attorney David Glassberg, berg. We need to engage in much more dialog emphasizing that it is only through ‘‘preven- Judge Hugh F. Mundy, George Nicholson, Mi- to keep this issue in the forefront and to make tion and comprehensive care for which pro- chael Pasonick Jr., Rev. Wallace Smith and viders are adequately compensated that the sure these messages reach not only corporate Estelle Stryjewski. CEO’s professional staff rising cost of health care will be controlled operates under the continued leadership of executives but everyone, particularly those and reduced.’’ She urged the executives to who can directly affect a more positive out- ‘‘use their corporate influence’’ to ensure Gene Brady, who was appointed executive di- come. that ‘‘wellness is within the reach of every- rector of CEO in 1978. To quote member CHRISTENSEN: ‘‘Lack of in- one living in this country.’’ Mr. Speaker, please join me in congratu- surance and the resulting poor health under- Other speakers on the Summit’s agenda in- lating CEO on 40 years of remarkable mines everyone else’s health care’’. I strongly cluded former Secretary of State Colin Pow- achievements that have touched the lives of agree that progress can be made through re- ell, former Senator John Breaux, author tens of thousands of residents in northeastern Glenn Hubbard and members of the Pennsylvania. inforcement of prevention and comprehensive McGlaughlin Group. care initiatives. We must all do our part to en- (For more information contact Monique C. f sure that ‘‘wellness is within the reach of ev- Watson at 202–226–7973 or Britt Weinstock at CONGRATULATING DEBRA LAS eryone living in this country.’’ 202–226–7974) CHRISTENSEN URGES MANAGED HEALTH CARE f EXECS TO HELP CLOSE DISPARITIES GAP HON. GIL GUTKNECHT CONGRATULATING THE COMMIS- (April 20, 2006—Washington, D.C.)—Joining OF MINNESOTA the efforts to reduce disparities in health SION ON ECONOMIC OPPOR- IN THE HOUSE OF REPRESENTATIVES TUNITY ON THE OCCASION OF care should be the business of all businesses Wednesday, May 3, 2006 big and small, according to Congresswoman ITS 40TH ANNIVERSARY DONNA M. CHRISTENSEN, who chairs the Con- Mr. GUTKNECHT. Mr. Speaker, I rise today gressional Black Caucus’s Health Braintrust. HON. PAUL E. KANJORSKI to congratulate Ms. Debra Las of Rochester, Christensen addressed a gathering of man- Minnesota on receiving the 2005 Presidential OF PENNSYLVANIA aged health care executives on Thursday Award for Excellence in Mathematics and IN THE HOUSE OF REPRESENTATIVES afternoon at the Capitol Summit: Politics in Science Teaching. Healthcare event where executives examined Wednesday, May 3, 2006 This award was established in 1983 by an and discussed the challenges facing healthcare organizations today including Mr. KANJORSKI. Mr. Speaker, I rise today Act of Congress and is administered for the persistent disparities in the care that ethnic to ask you and my esteemed colleagues in the White House by the National Science Founda- minorities receive in this country. ‘‘Busi- House of Representatives to pay tribute to the tion. The award recognizes teachers who are nesses can help to reduce their costs if they Commission on Economic Opportunity, located both role models for colleagues and encour- launch efforts to reduce and eliminate racial in the City of Wilkes-Barre, Pennsylvania, for age talented individuals to become and remain and ethnic health disparities,’’ Christensen 40 years of exemplary community service. teachers. Outstanding math and science edu- said. ‘‘When employees receive inadequate or Created on November 3, 1966, pursuant to cators are nominated each year from the lower quality health care, costs are assumed the Economic Opportunity Act of 1964, CEO United States and four other jurisdictions. by companies and businesses in increased rates of absenteeism or being sick at work, was designated by the Luzerne County Board Teachers may be nominated by faculty, stu- which results in lower rates of productivity, of Commissioners which included Edmund C. dents, parents or members of the community. as well as in increased health care costs. ‘‘ Wideman Jr., James Post and William Goss. After advancing through an intense selection Christensen applauded the group for in- The mission of the agency has always been process at both state and national levels, the cluding the issue of health disparities on to empower the less fortunate in our commu- final winners are announced by the President their agenda. ‘‘I am hopeful that your inter- nity by providing the resources needed to im- of the United States. est and the pressures that you are under re- prove the quality of their lives. Over the years, Ms. Debra Las teaches eighth grade garding the provision of health care and its CEO has developed an array of services to science at John Adams Middle School in increasing costs will be the impetus for the change we need not just to heal our minority assist people. The weatherization program has Rochester, Minnesota where she utilizes the populations but the entire country,’’ she had great success helping people with older school’s diversity to connect to her students. said. ‘‘Industry is coming to realize ahead of housing stock insulate their homes in order to Viewing diversity as a strength rather than a policy makers that early detection and man- save money on heating fuel. The Chore pro- weakness, Ms. Las believes that both staff agement of some chronic and acute condi- gram has given older citizens and low-income and students alike need to spend the time and

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.032 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E699 the energy to learn about each other. For this ented students to have access to higher edu- CONGRATULATING HICKORY commitment to her profession and to her stu- cation, something they otherwise would not STREET PRESBYTERIAN CHURCH dents, Ms. Las will receive The Presidential have. This will show our strong-willed commit- ON THE OCCASION OF ITS 150TH Award for Excellence in Mathematics and ment to offering the best opportunities for ANNIVERSARY Science Teaching—the highest honor a teach- those that work hard. Everyone deserves an er of mathematics or science can receive. equal chance for an education. HON. PAUL E. KANJORSKI I extend my sincere congratulations to Ms. We cannot delay any longer the passage of OF PENNSYLVANIA Debra Las for receiving the 2005 Presidential this bill since graduation is just around the IN THE HOUSE OF REPRESENTATIVES Award for Excellence in Mathematics and comer for many students. We need to further Wednesday, May 3, 2006 Science Teaching. Quality science teachers, encourage our young people to achieve more like Ms. Las, inspire our students’ inquisitive and to better their lives and the lives of their Mr. KANJORSKI. Mr. Speaker, I rise today nature to explore new challenges, innovative families. Americans must understand that the to ask you and my esteemed colleagues in the career paths, and the future of ideas. Her power of the American Dream is that it is ex- House of Representatives to pay tribute to the steadfast professionalism and abilities in the tended to all those who seek it. It shall be Hickory Street Presbyterian Church in Scran- classroom are a standard for which all edu- available today just as it was for their ton Pennsylvania, which was founded Jan. 28, cators should aim. forbearers’ centuries ago. 1856, and is now celebrating its 150th anni- f I enter into the RECORD this article for high- versary. lighting the importance of an effective and At the time of its founding, the church was RECOGNIZING SAMUEL A. BRANDT comprehensive immigration reform policy. This known as the German Presbyterian Church. It FOR ACHIEVING THE RANK OF country is about allowing all those who wish to was renamed the Hickory Street Presbyterian EAGLE SCOUT work hard to advance their status the oppor- Church in 1931. tunity to do so. It should be in the best interest The church has been served by 11 pastors, HON. SAM GRAVES of our nation and the people to provide edu- four of whom have served tenures in excess of 20 years. In 1993, Hickory Street Pres- OF MISSOURI cation to the children of immigrant families and byterian Church and Petersburg Presbyterian IN THE HOUSE OF REPRESENTATIVES to extend the same assistance that we would want extended to us in time of need. Church merged. Wednesday, May 3, 2006 NCLR SUPPORTS ‘‘THE AMERICAN DREAM Hickory Street Presbyterian Church has Mr. GRAVES. Mr. Speaker, I proudly pause ACT’’ AND URGES NEW LEGISLATION TO IM- been a community leader in many ways over to recognize Samuel A. Brandt, a very special PROVE ACCESS TO COLLEGE the years. It has been a passionate supporter young man who has exemplified the finest WASHINGTON, DC—The National Council of of many charitable agencies including Bread qualities of citizenship and leadership by tak- La Raza (NCLR), the largest national His- Basket of Northeastern Pennsylvania, Safety ing an active part in the Boy Scouts of Amer- panic civil rights and advocacy organization Net, Exodus Prison Ministries, St. Francis of ica, Troop 357, and in earning the most pres- in the U.S., expressed strong support to ‘‘The Assisi Kitchen and the Bethel AME Homeless American Dream Act’’ recently introduced Shelter. tigious award of Eagle Scout. in the U.S. House of Representatives by Rep- Samuel has been very active with his troop, Hickory Street Presbyterian Church is the resentatives Lincoln Diaz-Balart (R–FL), largest Presbyterian Church in Scranton and participating in many scout activities. Over the Howard Berman (D–CA), and Lucille Roybal- many years Samuel has been involved with Allard (D–CA) . . . This bipartisan legisla- one of the largest Presbyterian Churches in scouting, he has not only earned numerous tion will enable U.S.-raised immigrant stu- the region. merit badges, but also the respect of his fam- dents to go to college and start on the path Many of the church’s members are active in ily, peers, and community. to citizenship. the community and have served as judges, Mr. Speaker, I proudly ask you to join me in ‘‘This bill will give thousands of young physicians, councilmen, teachers, neighbor- people who have worked hard in school and hood leaders, bankers, lawyers, firemen and commending Samuel A. Brandt for his accom- have demonstrated a willingness to con- plishments with the Boy Scouts of America police officers. Eight Hickory Street church tribute to this country the chance to follow members have been called into the profes- and for his efforts put forth in achieving the their dreams to college,’’ stated Janet highest distinction of Eagle Scout. Murguia, NCLR President and CEO. ‘‘We are sional ministry. Hickory Street Presbyterian Church has a f pleased that Republicans and Democrats on the Senate Judiciary Committee came to- rich history of youth ministry that has carried THE AMERICAN DREAM ACT gether to include the language of the out mission trips to Maine, Virginia, Ten- ‘DREAM Act’ (S. 2075), which also broadens nessee, Washington, DC and Montana. HON. CHARLES B. RANGEL access to college, as part of the immigration The church structure is a landmark in legislation now under debate. We urge the Scranton that has received awards from the OF NEW YORK House to follow the Senate’s lead and ap- Architectural Heritage Society. IN THE HOUSE OF REPRESENTATIVES prove ‘The American Dream Act’ as soon as Mr. Speaker, please join me in congratu- possible.’’ Wednesday, May 3, 2006 Every year, 65,000 young people whose par- lating the Hickory Street Presbyterian Church Mr. RANGEL. Mr. Speaker, I rise today in ents brought them to the U.S. as babies or on this auspicious occasion. More than any- recognition of an article published in the New toddlers graduate from American high thing, Hickory Street Presbyterian Church has York Carib News urging passage of the schools. While they have the academic cre- spread the love of Jesus Christ through its ‘‘American Dream Act’’. This act has bipartisan dentials to pursue a higher education, their mission and ministry, through its local, national immigration status bars them from opportu- support in Congress and it needs much more and world outreach and through the devotion nities that make a college education afford- and love of its people. support so that it can be passed in the House. able—in-state tuition rates, loans and The act enables U.S.-raised immigrant stu- grants, most private scholarships, and the f dents to go to college which will put them on ability to work legally to earn their way PAYING TRIBUTE TO THE MEN the correct path toward citizenship. through college. ‘‘The American Dream Act’’ AND WOMEN OF THE JOINT PUB- The National Council of La Raza (NCLR) is and its companion legislation in the Senate LIC AFFAIRS SUPPORT ELEMENT will significantly increase access to college the largest national Hispanic civil rights and IN SUFFOLK, VIRGINIA advocacy organization in the U.S., has ex- for talented young people who otherwise would not be able to seek higher education. pressed a great amount of support for this ‘‘With graduation around the corner, Con- HON. J. RANDY FORBES very important piece of legislation. There are gress cannot delay in passing this bill. Oth- OF VIRGINIA many students in the country who have little to erwise, high school will be the end of the IN THE HOUSE OF REPRESENTATIVES look forward to after high school. The article road for thousands of students who have points out that every year 65,000 young peo- worked hard in school and aspire to con- Wednesday, May 3, 2006 ple who are brought to the U.S. by their par- tribute to our society as productive, tax-pay- Mr. FORBES. Mr. Speaker, I rise today to ents cannot seek higher education after high ing workers. These young people are certain pay tribute to the men and women of the Joint to add to the great abundance and economic school due to their status as immigrants. That vitality of this country. Congress must not Public Affairs Support Element (JPASE). fact of life hinders them from further enjoying fail these students and their families by con- JPASE stood up in early 2005 at the Joint the wealth and opportunity of our Nation. tinuing to keep the doors to college and the Warfighting Center in Suffolk, Virginia. I fully support the passage of this bill in the American Dream closed to them,’’ concluded JPASE is instrumental in providing public af- House. Passage of this bill will allow for tal- Murguia. fairs training, counsel, doctrine and personnel

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.035 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E700 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 in military exercises to better prepare joint COMMEMORATING INTERNATIONAL 26 years. Rising to the level of ranking mem- force commanders and their staffs with media ADVOCATES FOR CHILDREN ber on the Appropriations Committee, Al operations and outcomes when real world op- Cederberg was a force for his party, close ally erations begin. Members of JPASE are trained HON. JACK KINGSTON of Republican presidents and a respected foe to be able to be rapidly deployed in support of OF GEORGIA of Democrat leaders. regional combatant commander’s needs. IN THE HOUSE OF REPRESENTATIVES His term of service was long; his accom- Under the direction of JPASE’s active duty Wednesday, May 3, 2006 plishments were many; and, his impact was leader, Army Colonel Stephen Campbell and profound. Mr. KINGSTON. Mr. Speaker, I wish to its reserve director Navy Captain Ken On behalf of the Fourth Congressional Dis- Braithwaite, JPASE is already actively fulfilling commemorate the International Advocates for Children (IAC) on the services they provide to trict I represent, which includes a vast portion its mission at home and abroad. of Mr. Cederberg’s former territory, let me say: Members of the JPASE team were among millions of underprivileged children. Since its establishment in 2001, the Inter- May God welcome home His tireless servant, the thousands of responders to Hurricanes Elford Albin Cederberg. Katrina and Rita. And last October, when national Advocates for Children, has become an important overseer for orphaned and aban- Pakistan was shook by an earthquake that re- f sulted in enormous damage and loss of doned children worldwide. IAC strives to guard the fundamental needs of this disadvantaged human life, active duty and reserve members TRIBUTE TO CONGRESSMAN AL population by engaging in advocacy, edu- of JPASE again were on the scene. CEDERBERG cation, problem analysis, and the development Members of JPASE worked tirelessly to en- of solutions. sure the support of U.S. military was known For the over 145 million orphaned and HON. DALE E. KILDEE here in America and throughout Pakistan. Ac- abandoned children, the most vulnerable in cording to polls taken throughout Pakistan, our world society, achieving these goals of OF MICHIGAN their work highlighting the support of American providing love, healthcare, and shelter is even IN THE HOUSE OF REPRESENTATIVES forces clearly won the hearts and minds of the more critical. There is no time to lose because Pakistani people. this population increases each day and time is Wednesday, May 3, 2006 Mr. Speaker, I want to extend my thanks of the essence to having their needs met. Mr. KILDEE. Mr. Speaker, I am honored to and appreciation to the JPASE members who IAC has created momentum by building a join my Congressional colleagues from Michi- were part of that mission: Captain Robert D. world community singularly focused on cre- gan to pay tribute to the life and service of Newell, Commander Nicolas Balice, Major Jef- ating awareness, dialogue, research and former Congressman Elford Albin ‘Al’ frey K. Sammons, Major Donald L. Langley, knowledge-exchange on the needs of children Cederberg. Congressman Cederberg, a Re- Major William M. Manley, Lieutenant Kevin without parental care. Through its continued publican who represented mid-Michigan in Stephens, and Master Sergeant Greg A. efforts IAC will unite and facilitate countries, Congress from 1953 through 1978, passed Deimel. Additionally, I would like to thank a NGO’s and thought leaders in a strong inter- away on Monday, April 17, 2006 at the age of group of reserve JPASE members who re- national coalition of child placement profes- 88. lieved their active duty counterparts earlier this sionals. year and just recently returned home: Captain f Born in Bay City, Michigan, March 6, 1918, Ken Braithwaite, Commander Gary Kirchner, Congressman Cederberg attended public Lieutenant Cory Schultz and Senior Chief TRIBUTE TO THE LATE REP- schools and Bay City Junior College from Heidi Wasson. RESENTATIVE ELROD ALBIN 1935–1937. He entered the United States CEDERBERG Mr. Speaker, I am honored to have the Joint Army in April 1941 and was commissioned a Warfighting Center in my district but more im- second lieutenant in July 1942, and later a portant, I am very proud of the men and HON. DAVE CAMP captain in 1943. Assigned to the Eighty-third women who serve there, the work they do, OF MICHIGAN Infantry, Cederberg participated in the Nor- and the exemplary manner in which they rep- IN THE HOUSE OF REPRESENTATIVES mandy invasion and fought in France and Ger- many. resent our nation throughout the world. Wednesday, May 3, 2006 After returning home from Europe at the end f Mr. CAMP of Michigan. Mr. Speaker, I rise of World War Two, Congressman Cederberg today to pay tribute to the honorable Elford served as manager of Nelson Manufacturing RECOGNIZING ELISHA T. WOODS Albin ‘‘Al’’ Cederberg, a distinguished former Co. of Bay City, Michigan from 1946–1952, FOR ACHIEVING THE RANK OF member of this House, a dedicated public and he was elected mayor of Bay City from EAGLE SCOUT servant, and a beloved family man. 1949–1953. Al Cederberg passed away on April 17, 2006, at the age of 88. His story is one that In 1952, Cederberg was elected to the U.S. HON. SAM GRAVES should be shared with every young child. House of Representatives to the Eighty-third Congress and to the twelve succeeding Con- OF MISSOURI Growing up on and working on a dairy in his younger years, the Cederberg family delivered gresses. During his tenure in the U.S. House IN THE HOUSE OF REPRESENTATIVES milk in Bay City, Michigan throughout the de- of Representatives, he rose to the distin- Wednesday, May 3, 2006 pression and never skipped a house even if guished position of Ranking Republican Mem- they weren’t able to pay that week, or was al- ber of the Appropriations Committee. He and Mr. GRAVES. Mr. Speaker, I proudly pause ready behind. Compassion for people was a former President, and former House Minority to recognize Elisha T. Woods, a very special trait learned early and well by Al Cederberg, Leader Gerald Ford, were close personal young man who has exemplified the finest and one for which he will long be remem- friends who stayed in contact long after both qualities of citizenship and leadership by tak- bered. had left public service. ing an active part in the Boy Scouts of Amer- Enlisting in our Armed Forces in 1941, Al Mr. Speaker, I am honored to have known ica, Troop 460, and in earning the most pres- Cederberg’s participation in the Normandy in- and served with Congressman Cederberg tigious award of Eagle Scout. vasion and following battles into France and here in the U.S. House of Representatives. Elisha has been very active with his troop, Germany earned him the rank of Captain, five His integrity and his sense of decency were participating in many scout activities. Over the battle stars and the Bronze Star. He was a admired by all who came in contact with him. many years Elisha has been involved with hero. His love for his country, for his State of Michi- scouting, he has not only earned numerous Like so many of the ‘‘Greatest Generation,’’ gan and for his hometown of Bay City were merit badges, but also the respect of his fam- Al Cederberg’s commitment to his community well known. Without a doubt, Mr. Speaker, our ily, peers, and community. and country did not end with the close of nation, our state, and our communities are Mr. Speaker, I proudly ask you to join me in World War II. Returning home to Bay City he better places in which to live because of the commending Elisha T. Woods for his accom- was urged to run for Mayor and clean-up cor- stellar public service of Congressman Elford plishments with the Boy Scouts of America ruption at City Hall. Victory at the local level Albin ‘Al’ Cederberg. The Members of this and for his efforts put forth in achieving the turned into a successful run for Congress, Congress could greatly benefit from the shin- highest distinction of Eagle Scout. where he ably represented mid-Michigan for ing example of Elford Albin ‘Al’ Cederberg.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.040 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E701 RECOGNIZING THE CITY OF as the mayor of Bay City and in 1950 pro- tions missed, budgets broken, and business CARROLLTON ceeded to unsuccessfully run for Congress. stretched thin. Mr. Speaker, I urge my col- However, Representative Cederberg was de- leagues to pass H.R. 5253, the Federal En- HON. SAM GRAVES termined, sharp and passionate; it was no sur- ergy Price Protection Act of 2006 and once OF MISSOURI prise that 2 years later he successfully won and for all make it clear that we are serious IN THE HOUSE OF REPRESENTATIVES election to represent the 10th District of Michi- about solving our energy challenges at home gan in this great House. He went on to serve so we can be more successful in solving them Wednesday, May 3, 2006 for 13 consecutive terms. abroad. This bill will serve us and our children Mr. GRAVES. Mr. Speaker, I proudly pause A strong advocate of the auto industry and well. to recognize the city of Carrollton, Missouri. Michigan at large, his accomplishments will be f The city of Carrollton was chosen as the re- remembered and his legacy will continue to cipient of the 2005 All-America City Award ad- impact us. His companionship and great char- PERSONAL EXPLANATION ministered by the National Civic League. acter are already sorely missed by all. Carrollton is the county seat of Carroll County I would ask all my colleagues to join me in HON. MARK GREEN and the home to 4,122 outstanding citizens. extending our heartfelt condolences to Rep- OF WISCONSIN The city of Carrollton was chosen to receive resentative Cederberg’s children, Marilyn and IN THE HOUSE OF REPRESENTATIVES this award as a result of their commitment to Tom, and the rest of the Cederberg family. Wednesday, May 3, 2006 civic excellence in which the citizens, govern- His passion for Michigan and for this great Mr. GREEN of Wisconsin. Mr. Speaker, I ment, businesses, and nonprofit organizations institution will not be forgotten. was absent from Washington on Tuesday, of Carrollton have demonstrated successful f May 2, 2006. As a result, I was not recorded resolution of critical community issues. This for rollcall votes #111, #112 and #113. Had I community cooperation is credited with the FEDERAL ENERGY PRICE been present, I would have voted ‘‘yea’’ on creation of a new library, development of PROTECTION ACT OF 2006 rollcall votes #111, #112 and #113. downtown business district management, ren- ovation of an historic trolley car, and the con- HON. CLIFF STEARNS f struction of a skatepark. OF FLORIDA RECOGNIZING THE ARTISTIC This is an important milestone not only for IN THE HOUSE OF REPRESENTATIVES TALENTS OF GEORGE BLAKE Carrollton, but also for northern Missouri as a Wednesday, May 3, 2006 whole. This remarkable achievement by the HON. MICHAEL F. DOYLE city of Carrollton proves to me that our belief Mr. STEARNS. Mr. Speaker, as every American knows, fuel prices around the coun- OF PENNSYLVANIA in our small towns and Missouri values grows IN THE HOUSE OF REPRESENTATIVES stronger by the day. Faith, family, friends, and try have begun to rise with the beginning of hard work are the values that draw us to- the summer driving season, when demand is Wednesday, May 3, 2006 gether, and I am pleased to see that those at its peak, and during a time when growing Mr. DOYLE. Mr. Speaker, I rise today to values are embodied by the citizens of economies like China and India are con- recognize the tremendous artistic ability of a Carrollton, the community and business lead- suming more and more of the world’s avail- young man from my Congressional District, ers, and Mayor Sharon Metz. able petroleum supply. To make matters George A. Blake of Woodland Hills High Mr. Speaker, I proudly ask you to join me in worse, nuclear ambitions in Iran, the fourth School. George is the winner in the 2006 14th recognizing the achievement of the city of largest oil producer, and tensions in Nigeria, Congressional District of Pennsylvania’s High Carrollton in obtaining the All-America City the twelfth, have created the perfect storm for School Art Competition, ‘‘An Artistic Dis- Award. I wish to extend my warmest regards a precipitous rise in gasoline and other fuel covery.’’ and congratulations on this momentous occa- prices. Our problem back home is how to George’s piece, a self portrait, is an impres- sion. It is an honor and a privilege to rep- manage those global issues so that they have sive portrait in acrylic paint of a young man’s resent such a fine community in the U.S. Con- as little impact at home on the average Amer- face. gress. ican who just wants to take his family on that George’s artwork was selected from a num- planned vacation under tight budget or main- f ber of outstanding entries to this year’s com- tain his delivery business without taking out an petition. I am certain that his family is proud of PAYING TRIBUTE TO ELFORD additional loan. I am very happy that we are his artistic talents as well as this accomplish- ALBIN CEDERBERG taking up H.R. 5253, the ‘‘Federal Energy ment. Price Protection Act of 2006.’’ This bill deals It gives me great pride and pleasure that HON. JOHN D. DINGELL directly and aggressively with the need to sta- George’s painting will be representing the 14th OF MICHIGAN bilize the price of fuel in an uncertain world Congressional District of Pennsylvania in the IN THE HOUSE OF REPRESENTATIVES market and ensure that greed and oppor- national exhibit of high school students’ art- tunism don’t worsen those challenges by work that will be set up in the United States Wednesday, May 3, 2006 gouging the customer at the pump. H.R. 5253, Capitol in the coming weeks. The winners of Mr. DINGELL. Mr. Speaker, I rise today to for the first time, allows the FTC, at any time, the Congressional Art Competitions held in pay tribute to former Representative Elford to prosecute price gouging. This bill takes aim each Congressional District will be displayed Albin Cederberg, who passed away on April at those in the wholesale and retail markets in that exhibit. 17th at the age of 88. During the 26 years for gasoline, diesel fuel, crude oil, home heat- I encourage my colleagues as well as any Representative Cederberg served in the ing oil, and biofuels who prey on their cus- visitor to Capitol Hill to view George’s artwork, House, he and I grew very close and I always tomers for their own unjust enrichment. The along with all of the other winning artwork that considered him an ally in fighting for the peo- FTC is directed to define what price gouging will be on display throughout the next year. It ple of Michigan. Not only was Representative actually is. And a very important point—this is truly amazing to walk through this corridor Cederberg a friend and fellow politician, but legal recourse and its enforcement provisions and see the interpretation of life through the also a family man married for almost 50 years against gouging are always available, not just eyes of these young artists from all across our to his late wife, Marguerite, and a veteran of in times of natural or energy emergency. Mr. country. World War II decorated with five campaign Speaker, this bill’s hammer is triggered by I would also like to recognize all the other battle stars and the Bronze Star. Whether he consumer rip-offs, not bureaucratic proclama- participants in this year’s 14th Congressional was storming the beaches of Normandy or tions. In addition, state attorneys general will District High School Art Competition, ‘‘An Ar- fighting for his beliefs as the ranking member be empowered to bring cases under the fed- tistic Discovery.’’ I would like to thank these on the Appropriations Committee, he always eral law and those cases can lead to ex- impressive young artists for allowing us to exhibited strong leadership and a deep appre- tremely strong civil and criminal penalties in share and celebrate their talents, imagination, ciation for our community. the multiple millions of dollars and the possi- and creativity. The efforts of these students in A native of Bay City, Michigan, Representa- bility of a visit to the nearest correctional facil- expressing themselves in a powerful and posi- tive Cederberg began his career of public ity. This is a very aggressive piece of legisla- tive manner are no less than spectacular. service by joining the Army. He was assigned tion targeted at a problem that weakens this I hope that all of these individuals continue to the 83rd Infantry Division during World War country not only in dollars but in what it does to utilize their artistic talents, and I wish them II. Not long after the war, he entered politics to the every day lives of all Americans—vaca- all the best of luck in their future endeavors.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.045 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E702 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 TRIBUTE TO HAL DAVID PUBLIC SERVICE RECOGNITION TRIBUTE TO THE NEW JERSEY WEEK ARYA SAMAJ MANDIR’S FIRST ANNUAL ‘‘ARYA SWARANJALI’’ HON. HOWARD L. BERMAN OF CALIFORNIA HON. JAMES P. MORAN HON. DONALD M. PAYNE OF VIRGINIA OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, May 3, 2006 Wednesday, May 3, 2006 Wednesday, May 3, 2006 Mr. BERMAN. Mr. Speaker, it is my pleas- Mr. PAYNE. Mr. Speaker, I ask my col- ure to rise in recognition of Hal David on the Mr. MORAN of Virginia. Mr. Speaker, this leagues to join me as I recognize the New occasion of his 85th birthday. Hal’s philan- week marks ‘‘Public Service Recognition Jersey Arya Samaj Mandir’s first annual spe- cial event, the ‘‘Arya Swaranjali’’, which will thropic work in Los Angeles has made him a Week,’’ offering our Nation the dual opportuni- great asset to our community, and his profes- take place on Sunday June 4, 2006 in Jersey ties to reflect on the richness of the public City, New Jersey, my Congressional District. sional career has touched the lives of count- workforce and the upcoming challenges that it less people across the world. The ‘‘Arya Swaranjali’’ will be a time when the must confront. New Jersey Arya/Hindu community will gather You may not know his name, and you may The landscape of our Nation is not just dot- together to showcase the works of talented not know his face, but you all know Hal David. ted, but layered with the work and faces of our artists in order to raise awareness and re- Hal is the lyrical mastermind behind countless public servants. It is easy to forget, but Ameri- sources for less fortunate children in the South musical hits. His lyrics include hits like ‘‘Rain- cans are served every single day by public American country of Guyana. drops Keep Falling on My Head,’’ ‘‘What the Arya Samaj, which means a Society of servants at the Federal, State, county and city World Needs Now Is Love, Sweet Love,’’ ‘‘Al- Noble People, is a global community of orga- ways Something There to Remind Me,’’ and levels, The efforts of teachers, laborers and nizations whose mission, based on the ten ‘‘Do You Know the Way to San Jose’’. If police officers blend into the fabric of our lives Vedic principles, is to improve the physical, you’re not already humming along, I’m sure seamlessly, The bravery of our Coast Guard spiritual and social well-being of mankind. The you will be soon. The words are simple but saving people from rooftops, doctors guarding New Jersey Arya Samaj Mandir, incorporated the songs are moving and memorable. us against the advancement of epidemic dis- in 1987, is an organization that provides cul- Hal says a lyricist must learn ‘‘not to fall in ease and the men and women in the military tural, educational, religious, charitable and so- love with his own lines.’’ If that’s true, then protecting our Nation stand out as acts of true cial links between the Arya/Hindu immigrant he’s in a very small minority. Hal’s lyrical ge- heroes. These people are all contributing to a community and the United States. nius is widely recognized by both music common vision of making our Nation a better However, the New Jersey Arya Samaj com- munity understands that ‘‘. . . to whom much aficionados and amateurs like me. His talent place to live. They are all public servants. has earned him countless awards: four Acad- is given, much is required . . .’’ Under the While this week is a celebration of the pub- emy Award nominations, with an Oscar for leadership of Pandit Suresh N. Sugrim, the ‘‘Raindrops’’ in the movie Butch Cassidy and lic servant, it would be a lost opportunity not ‘‘Arya Swaranjali’’ will help Guyanese children the Sundance Kid; several Grammys, with to use this focus to address an ominous prob- who are unfortunately without parents. Due to three songs in the Grammy Hall of Fame; 20 lem. Our public workforce is aging quickly and their beneficence, many orphans will be af- gold records, the Grammy Trustees Award, in the next 10 years all sectors will face a forded an improved quality of life which in- and more. He has also been elected to the great ‘‘retirement tsunami.’’ In the Washington, cludes better food and clothing, comprehen- Songwriter’s Hall of Fame, and currently DC region, 60 percent of the Federal work- sive education and full medical care. serves as their Chairman of the Board. force will be eligible for retirement with ninety Mr. Speaker, I applaud the New Jersey Arya Samaj Mandir, Inc. for their support of the percent of its senior executives reaching re- His songs span genres and generations. He Arya/Hindu community. SpecifIcally, I would tirement age. Across the Nation, State and is the author of lyrics to the film scores of like to commend them on the ‘‘Arya Alfie, What’s New Pussycat, A House is not a local governments are experiencing similar re- Swaranjali’’ and the good works they will Home, The Man Who Shot Liberty Valance, tirement forecasts. achieve through this event. I am proud to have and Moonraker. His songs also appear in The race to replenish these lost workers them in my Congressional district and wish countless other movies, from Forest Gump to and their institutional experience is proving for- their organization never-ending success in Runaway Bride. Not limited to the screen, their future endeavors. Hal’s Broadway show Promises, Promises midable. Alarming statistics suggest that the f was nominated for a Tony Award and received next generation of American workers is turning a Grammy. a blind eye to public service. Just 27 percent RECOGNIZING 58TH ANNIVERSARY of young people say that someone has asked Aretha Franklin, the Beatles, Frank Sinatra, OF INDEPENDENCE OF ISRAEL them to consider government employment, an Isaac Hayes, Patti LaBelle, Smoky Robinson, SPEECH OF the Carpenters, Willie Nelson and Julio 11-point decrease since 2002. Further, only 3- Iglesias are just some of the musical legends in-10 young Americans say that they would HON. GENE GREEN who have sung Hal David’s lyrics. Hal’s impact work in the public sector rather than the pri- OF TEXAS on the music world is truly immeasurable and vate sector. While we have begun to acknowl- IN THE HOUSE OF REPRESENTATIVES edge the cliff we are preparing to walk off, I’m his many accomplishments are too numerous Tuesday, May 2, 2006 to list in full. not certain we understand its true depth. Mr. GENE GREEN of Texas. Mr. Speaker, Hal’s notable achievements don’t stop with This challenge requires a new appeal to the as a cosponsor of this legislation, I urge my his musical career. He also donates gener- American worker. A revival of public service is colleagues to join me in supporting H. Con. ously of his time and effort to charitable orga- necessary, one that flows through corporate Res. 392, to honor the 58th anniversary of the nizations. He and his wife are founders of the boardrooms and college hallways. President independence of the State of Israel. I would Los Angeles Music Center, which lists him as John F. Kennedy summoned a generation of like to congratulate the Israeli people on this a ‘‘Distinguished Patron of the Arts.’’ He is people to give of themselves to the common significant day, and join them in celebrating also a member of the Cedars Sinai Medical good. Now is the time to seek a similar com- the 58th anniversary of the Jewish state. Center Board of Governors in West Los Ange- mitment. After nearly 2,000 years without a home- les and a member of the Board of Directors of land, Jewish independence was restored with I believe in public service and in people who the American Society of Composers, Authors, the creation of Israel in 1948. The creation of and Publishers, which he formerly served as contribute to an effort greater than them- Israel gave the Jewish people a state in the President. There he is known for his work on selves. As we progress deeper into this new land where their religion, culture, and history intellectual property protection and preserva- century facing new and sometimes unforeseen date back over 4,000 years. tion of artists’ rights. challenges, our Nation will have to rely heavily In the last 58 years, Israel has faced many Please join me in wishing him a very happy upon the strengths of our public servants. We struggles: conflicts with its neighbors, terrorism birthday and many happy returns. must be ready to answer that call. on its borders, and problems with many

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.050 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E703 in the international community regarding the Outside the classroom, Jason has distin- Dr. Billy Cannaday has shown remarkable Palestinian people. guished himself as an excellent student-ath- commitment and devotion to the education of Despite these struggles, Israel has grown lete by earning letters in varsity track, basket- the students he serves. Today we recognize from a state of less than a million people in ball and golf where he served as the captain him for his heralded leadership, integrity and 1948, to a state of over seven million today. of his varsity team. He has also remained in- desire for excellence. The Israeli people have created one of the volved in his community by actively partici- Mr. Speaker, please join me in honoring Dr. strongest democracies in the world, renowned pating in 4–H Club, his church youth group Billy Cannaday. for their scientific, technological, medical and and Fellowship of Christian Athletes. I have no f agricultural innovations. Their commitment to doubt that Jason will employ the lessons of his promoting human rights, to protecting the rule student leadership as he excels among the HONORING RECIPIENTS OF of law, and to open and fair elections is leaders at the United States Air Force Acad- MENTOR’S SPOTLIGHT AWARD unparallel in the region and is an inspiration to emy. oppressed people around the globe. Mr. Speaker, I ask my colleagues to join me HON. CAROLYN McCARTHY Today, 58 years after declaring its inde- in congratulating Jason C. Shank on his ap- OF NEW YORK pendence, Israel and the United States con- pointment to the United States Air Force IN THE HOUSE OF REPRESENTATIVES tinue to share the common values and ideals Academy at Colorado Springs. Our service Wednesday, May 3, 2006 of advancing democracy and promoting academies offer the finest military training and human rights around the globe. As our strong- education available anywhere in the world. I Mrs. MCCARTHY. Mr. Speaker, I am proud est ally in fighting terrorism, Israel, a country am sure that Jason will do very well during his to honor mentor Charmaine Robin, and her which has had to fight against terrorism and career at the United States Air Force Acad- mentee, Chris John Garcia, who have re- attacks from its neighbors for its entire exist- emy and I ask my colleagues to join me in ceived as Spotlight Awards from MENTOR. ence, continues to play a vital role in pro- wishing him well as he begins his service to This mentoring pair was nominated by Baldwin moting American interests. the Nation. School District, in my district in Baldwin, New In return, we must continue to help Israel in f York. They were selected from nearly two its struggle for security by helping reach a hundred nominations from across the country. lasting peace with its neighbors so that as fu- CONGRATULATING DR. BILLY For more than a decade, MENTOR/National ture generations celebrate this day, they may CANNADAY ON HIS SELECTION Mentoring Partnership has been working to do so without fear of the violence that has TO BE STATE SUPERINTENDENT expand the world of quality mentoring. The plagued the Jewish state since its independ- OF PUBLIC INSTRUCTION FOR idea is that with the help and guidance of an ence. THE COMMONWEALTH OF VIR- adult mentor, each child can discover how to Mr. Speaker, I would again like to congratu- GINIA unlock and achieve his or her potential. The late the Israeli people and join them in cele- mentoring program provides an answer to the brating the 58th Anniversary of Israel’s inde- HON. J. RANDY FORBES many students who feel that no one cares pendence, and look forward to working with OF VIRGINIA about them and that they are cut off from our them for years to come. IN THE HOUSE OF REPRESENTATIVES economic system. f Prior to being matched with Charmaine, Wednesday, May 3, 2006 IN SPECIAL RECOGNITION OF Chris was not participating in activities in JASON C. SHANK ON HIS AP- Mr. FORBES. Mr. Speaker, I rise today to schools, and was not making future goals for POINTMENT TO ATTEND THE commend Dr. Billy Cannaday on his selection himself. With the help and advice of his men- UNITED STATES AIR FORCE to be State Superintendent of Public Instruc- tor Charmaine, Chris became involved in ACADEMY tion for the Commonwealth of Virginia and for many school activities, such as Future Busi- his dedicated service to the people of Vir- ness Leaders of America and Varsity Track, HON. PAUL E. GILLMOR ginia’s Fourth District. and has challenged himself with honors and I have had the fortunate opportunity to work advanced placement courses. Chris plans to OF OHIO with Dr. Cannaday on numerous occasions pursue a career in Physical Therapy. IN THE HOUSE OF REPRESENTATIVES and have seen first-hand the tremendous work MENTOR determined Charmaine and Chris Wednesday, May 3, 2006 he has accomplished as Superintendent of are a truly an outstanding match and that they Mr. GILLMOR. Mr. Speaker, it is my great Chesterfield County Public Schools. Since demonstrate the positive impact mentoring can pleasure to pay special tribute to an out- 2000, Dr. Cannaday has transformed Chester- have on a young person’s life. I agree, and I standing young man from Ohio’s Fifth Con- field schools from having less than half of its could not be more thrilled to commend gressional District. I am happy to announce 59 schools being fully accredited by the State Charmaine and Chris for receiving the Spot- that Jason C. Shank of Pemberville, Ohio, has to 100 percent receiving full accreditation. light Award, and for their achievements. been offered an appointment to attend the With his leadership and commitment to re- f United States Air Force Academy at Colorado spect, responsibility, honesty and account- Springs, Colorado. ability, over 80 percent of Chesterfield schools’ JAMES H. WITTER OF HOMOSASSA, Jason’s offer of appointment poises him to graduates continue their education. FLORIDA attend the United States Air Force Academy Prior to his service to Chesterfield schools, this fall with the incoming cadet class of 2010. Dr. Cannaday served as Director of Sec- HON. GINNY BROWN-WAITE Attending one of our Nation’s military acad- ondary Education, Assistant Superintendent of OF FLORIDA emies is an invaluable experience that offers Instruction, and Superintendent of Schools for IN THE HOUSE OF REPRESENTATIVES a world-class education and demands the very Hampton City Schools. He also served as Wednesday, May 3, 2006 best that these young men and women have principal of Huntington Middle School that was to offer. It is one of the most challenging and awarded a National Blue Ribbon Award for Ms. GINNY BROWN-WAITE of Florida. Mr. rewarding undertakings of their lives. Excellence under his guidance. In 1972, Dr. Speaker, I rise to honor a World War II vet- Jason brings an enormous amount of lead- Cannaday earned a B.A. in Health and Phys- eran and proud American patriot, James H. ership, service, and dedication to the incoming ical Education and a Doctorate in Educational Witter of Homosassa, Florida. A Distinguished class of Air Force cadets. While attending Administration in 1990 from Virginia Poly- Flying Cross honoree, Mr. Witter unfortunately Eastwood High School in Pemberville, Ohio, technic Institute and State University. He also passed away earlier this year before he could Jason attained a grade point average which holds a Masters in Educational Administration receive his honor. placed him at the top of his class. While a gift- from Hampton University in 1980. As all Americans are aware, the men and ed athlete, Jason has maintained the highest Dr. Cannaday’s accomplishments include women who fought in World War II were truly standards of excellence in his academics, being named the 2005 Virginia Superintendent deserving of the term, the ‘‘Greatest Genera- choosing to enroll and excel in Advanced of the Year, 2005 Region 1 Superintendent of tion.’’ James Witter was no exception to this Placement classes throughout high school. the Year, 2000 Region 2 Superintendent of brave and honorable group of individuals. Jason has been a member of the National the Year and the 2000 William & Mary Profes- Serving in the European Theatre during Honor Society, Honor Roll and has earned sional Educator of the Year. He was also a re- World War II, Mr. Witter was part of a bomb- awards and accolades as a scholar and an cipient of the 2004 Leadership in Arts Instruc- ing run over Leipzig, Germany on February athlete. tion award by the Virginia Board of Education. 20, 1944. Coming under fire from German

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.053 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E704 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 anti-aircraft guns, the ball turret gunner was hit Pacheco, a World War II veteran who recently would have been honored that she had kept and severely wounded. celebrated his 80th birthday. this picture all these years. Taking charge of the situation, Mr. Witter Mr. Pacheco enlisted in the U.S. Army in It was an honor to help celebrate this signal pulled the gunner, Victor Ray, out of his seat August 1944. After basic training, he joined moment in Mr. Amos Pacheco’s life. He is one to examine the wound and administer first aid. General George S. Patton’s Third Army as it of San Antonio’s heroes, a beloved husband, Finding a severed artery, Mr. Witter knocked raced into Germany. Serving in Company I, father and grandfather. out Mr. Ray, closed off the artery with needle 358th Infantry, 90th Division of the 3rd Army, f nose pliers and parachute cord and saved Mr. Corporal Pacheco participated in some of the Ray’s life. All this took place while under con- fiercest battles on the Western front. While the HONORING THE CITY HONORS tinued attack from German anti-aircraft guns. Germans were retreating, resistance was stiff. SCHOOL FOR RECOGNITION BY Recommended at the time to receive the American soldiers were fighting an enemy that NEWSWEEK AS THE #4 SCHOOL Distinguished Flying Cross, Mr. Witter went might have been beaten but wasn’t ready to IN THE NATION more than 60 years without seeing the results surrender. of his bravery that winter day high above Ger- In April 1945, as Allied forces were making HON. BRIAN HIGGINS many. the final push towards Berlin, Mr. Pacheco OF NEW YORK I am proud to present his Distinguished Fly- was wounded in action on the Rhine River. A IN THE HOUSE OF REPRESENTATIVES ing Cross to his widow Evelyn Witter, who was grenade exploded and wounded him, which Wednesday, May 3, 2006 his loving wife for many years. While Mr. left shrapnel in his hip. After a period of con- Witter did not live to receive this great honor, valescence, he returned to active duty and Mr. HIGGINS. Mr. Speaker, I rise today to his family will long remember his bravery and was stationed in Europe until 1946. congratulate the City Honors Magnet School in fortitude in battle and how he saved the life of Unfortunately, as each year passes, we Buffalo, New York, which has been recognized gunner Victor Ray. have fewer World War II veterans among us. for its excellence in education, having been Mr. Speaker, true American heroes like Men like Amos Pacheco witnessed and partici- ranked the number four public school in the James Witter should be honored for their serv- pated in the events that changed the world for United States by Newsweek Magazine. ice to our Nation and for their commitment and the better. City Honors is a Magnet school, part of the sacrifices in battle. Mr. Witter is truly one of This Greatest Generation led our Nation into program started in 1975 to afford advanced America’s Greatest Generation. the American century. They lifted America out educational opportunities to academically gift- f of the Great Depression and committed our ed and talented high school students. Since PAYING TRIBUTE TO RYAN Nation anew to our founding ideals of liberty. then, the program has expanded to include REGNELL Brave Americans like Mr. Pacheco fought and grades five through eight and has distin- defeated the Nazi and Japanese regimes, and guished itself as a premier academic institu- HON. JON C. PORTER in the process, secured freedom for millions tion. OF NEVADA here and abroad. But their work was not done. Newsweek has recognized that City Honors IN THE HOUSE OF REPRESENTATIVES Even after winning World War II, the Great- stands alone as the pre-eminent public institu- est Generation had another war to fight: the tion in the region and the state. In addition, I Wednesday, May 3, 2006 Cold War. An Iron Curtain descended across would like to recognize and thank the teachers Mr. PORTER. Mr. Speaker, I rise today to Europe, and President Truman articulated a and administrators without whom the stimu- honor National Park Service Ranger Ryan policy of containment to make sure the sac- lating academic environment found at City Regnell for his heroic actions that helped save rifices we had made during World War II were Honors would not be possible. eight lives and to commend him for receiving not in vain. Public education as exemplified by City the U.S. Department of the Interior Valor Ultimately, freedom and liberty triumphed Honors has created an environment that in- Award. again, and it was thanks to people like Amos stills a love for learning in every student. The On July 25, 2003, Ranger Ryan Regnell Pacheco, who had returned to San Antonio in value of public education for creating an in- was on boat patrol in the Boulder Basin of 1946 and started working at Kelly Air Force formed, enthusiastic and responsible citizenry Lake Mead when 50-mile-per-hour winds and Base. There, thousands of civilian employees cannot be overstated. Civic duty is an integral four-to-six foot waves formed. He observed a worked long hours to repair and equip the part of the American experience and City Hon- boat in distress and went to their aid. When planes our Air Force used to safeguard our ors has inculcated this virtue, encouraging stu- he arrived he found three adults, three chil- nation. dents such as my intern, Samuel Sanders, to dren and two infants in a vessel that was tak- I was honored to have attended the celebra- dedicate time and effort to the important duty ing on water and in danger of sinking. Recog- tion of Mr. Pacheco’s 80th birthday, where his of public service. This recognition by News- nizing the seriousness of the situation, Ranger granddaughter, Chriselda, presented him with week reinforces that which I already knew, Regnell attached a tow line to the boat and replicas of the medals he earned for his serv- that Western New York has some of the best towed the troubled vessel to Lake Mead Ma- ice. schools and students in the nation. rina. He then called for back-up from Nevada Mr. Pacheco has been a father figure to Mr. Speaker, it is with great pleasure that I Division of Wildlife. En route to the marina, the Chriselda, whom he adopted when she was stand here today to recognize the accomplish- tow line snapped twice due to the extreme just five years old. Out of love and apprecia- ment of the City Honors School of Buffalo. Its marine conditions and the heavy load. Due to tion for her grandfather, she purchased and commitment to academic excellence in public Ranger Regnell’s skill, courage and decisive presented to him replicas of the medals that education has improved, and continues to im- action, the boat and all eight occupants were were lost over the years. Chriselda gave her prove, the life of every student enrolled, and safely delivered to shore. grandfather a Purple Heart for the wounds he the environment and education it provides pro- Mr. Speaker, I am proud to honor Ranger received and a Bronze Star, which had been motes the civic and intellectual values we as Ryan Regnell for his heroic actions, courage awarded to all World War II veterans. It was a society hold dear. and professionalism. I further congratulate touching to watch Chriselda and the entire f Ranger Regnell for receiving the U.S. Depart- family honor and show their love for Mr. ment of the Interior Valor Award. I thank him Pacheco. It still humbles me to think they CELEBRATING THE GRAND for his distinguished service and wish him the wanted me to be present. OPENING OF CROWLEY CITY HALL best in all of his future endeavors. And to my great surprise and pleasure, Mr. f Pacheco’s 80th birthday party was the second HON. CHARLES W. BOUSTANY, JR. TRIBUTE TO AMOS PACHECO FOR time our two families had crossed paths. After OF LOUISIANA HIS 80TH BIRTHDAY the presentation of the medals, Chriselda IN THE HOUSE OF REPRESENTATIVES showed me a photo of her and my father, Rep. Henry B. Gonzalez. More than 20 years Wednesday, May 3, 2006 HON. CHARLES A. GONZALEZ ago, Dad had attended a tree planting cere- Mr. BOUSTANY. Mr. Speaker, on Thursday, OF TEXAS mony at Sarah S. King Elementary School April 27th, the city of Crowley celebrated the IN THE HOUSE OF REPRESENTATIVES where he met Chriselda, who was a student. grand opening of a newly renovated City Hall Wednesday, May 3, 2006 Someone snapped a picture of Dad and during a community open house event at- Mr. GONZALEZ. Mr. Speaker, it is with Chriselda standing next to the tree, and tended by citizens, elected officials, civic and great pride that I rise today to honor Amos Chriselda still had the photo. I know Dad business leaders. Crowley City Hall is a totally

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.057 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E705 renovated facility which not only contains city A FALL RIVER PRINCE added to the vision of the society and made offices but also features the Rice Interpretive it better by their input and views.’’ Center, the J.D. Miller Recording Studio, and Garcia came to New Bedford from Sao HON. BARNEY FRANK Miguel, Azores, in 1957 at age 11. He said he the Ford Dealership Museum. OF MASSACHUSETTS knew no English. ‘‘One of the things I’ve Crowley earned the title ‘‘Rice Capital of IN THE HOUSE OF REPRESENTATIVES tried to do over the years is to never forget America’’ by milling more rice annually than all the hardships and sacrifices immigrants other rice-producing countries in the world Wednesday, May 3, 2006 must make,’’ he said. ‘‘We try to instill that combined. Also, contributing to its title is the Mr. FRANK of Massachusetts. Mr. Speaker, in others and make their journey easier by large number of rice mills that line Mill Street. I have had the pleasure during my years of avoiding the pitfalls we had.’’ The new building incorporates this heritage The New Bedford schools had no bilingual representing Southeastern Massachusetts to program at that time, so Garcia learned with the Rice Interpretive Center, where visi- work with Fernando Garcia. Fernando Garcia English at Our Lady of Mount Carmal tors can take a driving tour down the ‘‘rice is a leader in the business community of School. After four years there he said he was trail.’’ Southeastern Massachusetts, and has been able to navigate through the public schools. At the celebration, Crowley Mayor Isabella particularly active in affairs of the large Por- He went on to the University of Massachu- delaHoussaye gave the attendees a history of tuguese-American Community that contributes setts Dartmouth, where he was president of the building and described the renovation and his class as a sophomore and a junior. He so much to that part of the state and indeed majored in business and foreign languages restoration efforts. ‘‘This is Crowley pride at its to the state as a whole. I had the pleasure a best. We should all be very proud of this ac- and his class, the Class of 1969, was the first few years ago of visiting the Azores in the to graduate from the Dartmouth campus. complishment for our city,’’ said company of Mr. Garcia and the then Mayor ‘‘Then it was out into the business world, delaHoussaye. Fred Kalisz of the City of New Bedford, and I and I haven’t stopped since,’’ he said. I ask my colleagues to join Mayor have worked with Mr. Garcia on a number of In October 1998 he said he saw a great busi- delaHoussaye in applauding the citizens of ness opportunity in Fall River. Ford Auto- occasions since then on matters of particular Crowley for constructing this great facility. motive Co. was about to close a dealership interest to the Portuguese-American Commu- Construction of the new City Hall building will due to prior failures. Garcia said with proper nities. At a time when we are talking about im- be marked as a significant milestone in management and dedicated employees, he migration, it is important to note that Mr. Gar- was able to restructure it so that it now Crowley’s long history. cia, like so many others who have been such ranks in the top 10 Ford dealerships in New f important contributors to the life of South- England, employs about 100 people and gen- eastern Massachusetts, is an immigrant who erates annual sales of more than $75 million. HONORING COMMUNITY ‘‘I’m delighted with the growth I’ve been in was born in the city of Sao Miguel, in the ALTERNATIVES KENTUCKY the 71⁄2 years I’ve been here,’’ Garcia said. Azores. I note that he knew no English when ‘‘There are so many good people. I find it im- HON. RON LEWIS he arrived here at the age of 11, and like the possible to say no to worthy causes.’’ OF KENTUCKY overwhelming majority of immigrants, strove to In business and in life, Garcia said he be- lieves in integrity, character and in always IN THE HOUSE OF REPRESENTATIVES become proficient to the point where he is now a significant community leader—in keeping his word. Wednesday, May 3, 2006 Garcia said Fall River Ford is most grate- English while of course retaining his facility in Mr. LEWIS of Kentucky. Mr. Speaker, I rise ful for the courtesy and patronage of the Portuguese. community. today to recognize Community Alternatives Mr. Speaker, the sort of civic activity that ‘‘I am very proud to be Portuguese,’’ he Kentucky, an exceptional organization in my Fernando Garcia exemplifies is a very impor- said. ‘‘On the day I received my citizenship Congressional District that delivers commu- tant asset and I was pleased to read the ex- papers I was as equally proud to be a Por- nity-based supportive services to persons with cellent article about him in the Fall River Her- tuguese-American.’’ disabilities. ald News, appropriately in the Business sec- Garcia is involved in numerous activities aimed at improving the quality of life in this The noble mission of Community Alter- tion since as the owner of Fall River Ford he natives Kentucky is to enhance the lives of the region. He is chairman of the Executive is a significant leader in that segment of the Business Council at Charlton Memorial Hos- individuals they serve by helping them be- life of his community. pital, a member of the board of the Presi- come active members of their communities Mr. Speaker, as an example of the impor- dent’s Council at the hospital, a member of and realize their personal goals. They provide tant positive contribution made by immigration the board of the local chapter of the Amer- a wide range of day-to-day residential and em- to this country, I ask that the article from the ican Heart Association, a member of the ployment services to assist disabled individ- Fall River Herald News about Fernando Gar- community advisor board of the Diabetes As- uals with health needs, personal care, physical cia be printed here. sociation and a board member of the devel- opment council for HealthFirst Family Care and speech therapy, transportation, house- [From the Herald News, Apr. 14, 2006] keeping, recreation and other personal man- Center. A FALL RIVER PRINCE Before he bought Fall River Ford, Garcia agement services. (By Kathleen Durand) was a national sales manager for Rusty Community Alternatives of Kentucky advo- Jones, an automotive appearance mainte- Fernando Garcia said it’s easy to be a good cates self determination, civil rights, and com- nance program. He than founded All-Neads corporate citizen in a wonderful environ- munity inclusion for people with special needs Insurance of New Bedford. When he bought ment and community like Fall River. and developmental disabilities. They play an Fall River Ford, he gave his co-workers at The owner of Fall River Ford, Garcia will All-Neads the opportunity to buy the busi- important role in local communities, promoting be recognized by the Prince Henry Society ness. Without them, he said, the business an inclusive quality of life that allows all peo- tonight for his many acts of charity and would not have achieved the success it did. ple, regardless of personal challenges, to service to the community. The Fall River reach their potential as happy and productive chapter as its Portuguese-American of the f members of society. year. Similar honors will be bestowed on PAYING TRIBUTE TO SERGEANT I applaud Community Alternatives Kentucky, Thomas Alves, a plumber, by the New Bed- JEFFREY A. STONE particularly their wonderful support staff, for all ford chapter, and Joseph de Melo, an attor- that they do to assist disabled individuals and ney, by the Taunton chapter. The three will their families. On behalf of so many in Ken- receive their awards at a dinner at the Cen- HON. JON C. PORTER tury House in Acushnet. OF NEVADA tucky’s Second Congressional District, I would Garcia said the Prince Henry Society is IN THE HOUSE OF REPRESENTATIVES like to express my profound appreciation for made up of people of Portuguese heritage, in- their service and for the many contributions to cluding both immigrants and native-born Wednesday, May 3, 2006 our communities from the people they serve. Americans. The primary function of the soci- Mr. PORTER. Mr. Speaker, I rise today to Together, they are a true inspiration to us all. ety is to promote education, he said, and it honor Sergeant Jeffrey A. Stone in recognition It is my great privilege to recognize Commu- has given hundreds of scholarships worth of his heroic act performed at the Bureau of nity Alternatives Kentucky today, before the thousands of dollars to deserving students. Reclamation’s Hoover Dam resulting in the entire U.S. House of Representatives, for their A member of the Fall River chapter, Gar- saving of a life and to commend him for re- cia said he was totally surprised to learn it achievements as advocates for disabled citi- has named him Portuguese-American of the ceiving the U.S. Department of the Interior zens. Their unique compassion and dedication year. ‘‘Every member of the chapter is de- Valor Award. to the happiness and well-being of all people serving of the award. It’s a small chapter but On October 14, 2005, Sergeant Stone dis- make them outstanding citizens worthy of our it gives constantly,’’ he said. ‘‘It’s the first played outstanding dedication and commit- collective honor and respect. chapter that has women members who have ment to the Hoover Dam Police Department

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.061 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E706 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 when he assisted a fellow officer in preventing As was her nature, Bennye was also a lead- of democratic freedoms in the Middle East. a suicide. While on duty at the entrance to the er in the community. She served as President Israel is our nation’s strongest ally and only Nevada Spillway Lot, Sergeant Stone ob- for both the San Antonio Calligraphers Guild truly democratic partner in the Middle East. served a man standing on the wall overlooking and the Harp and Shamrock Society and as a With the continuing War on Terror, our alli- the face of Hoover Dam. Suspecting the man member of the S.A. Conservation Society and ance with Israel is more important than ever. was a possible suicide he radioed Corporal paper chair of Night In Old San Antonio In more than 100 instances in the past 58 Russell Balbirona for help. While waiting for (NIOSA.) years, our countries have stood together in the Corporal Balbirona to come, Sergeant Stone Bennye worked at the local level of politics, face of great turmoil. Today, I reinforce the approached the man and demanded he get an area often overlooked despite its impor- unshakeable commitment of the United States down from the wall. The man told him he was tance. As Speaker Tip O’Neill used to say ‘‘All to the safety and security of Israel and her re- going to end his life. politics is local,’’ and Bennye knew this. It’s at ciprocal commitment to our security. While the Sergeant Stone offered him words of en- this level that small gestures and kindnesses times and the circumstances continue to couragement, but the man still refused to get matter more than policy differences. Bennye change, the commitment we have made in the down. Working in unison with Corporal was unfailingly kind and helpful in many ways, past 58 years to building peace and stability Balbirona who had then arrived, Sergeant and many in the Democratic Party recall her has fostered a bond between our nations that Stone continued talking to the man to distract tireless assistance. shall never be broken. him while Corporal Balbirona approached the Bennye would support local candidates in Mr. Speaker, it is with great pleasure that I man from behind. When the man reached for whatever fashion she could. She served as stand here today to recognize Israeli Inde- a cigarette that Sergeant Stone had offered Secretary and Treasurer of the Bexar County pendence Day and to recognize Israel’s com- him, Corporal Balbirona grabbed the man Democratic Party. She was named interim mitment to democracy in the Middle East. The around the waist and safely removed him from Chair of the Bexar County Democrats, often a common values we share: a government of the wall. As the two men were falling to the thankless task, but she dispatched those du- the people, by the people, and for the people, ground, Sergeant Stone immediately assisted ties with the same kindness, enthusiasm and are the core values on which democracy is Corporal Balbirona. After the man was sub- efficiency she performed all other tasks. Even based. dued and taken into police custody, he was while suffering the illness that would lead to f transported to Boulder City Hospital for a psy- her death, Bennye continued to work for the chological evaluation. Prior to being trans- Democratic Party. HONORING THE LATE HOWARD ported to the hospital the man thanked the of- Democrats in San Antonio could count on ZERANGUE, SR. ficers for saving his life and apologized for Bennye to keep us focused on the goal of creating a disturbance. helping people. She was dedicated to the mis- HON. CHARLES W. BOUSTANY, JR. Mr. Speaker, I am proud to honor Sergeant sion of our party at its finest, the mission of OF LOUISIANA Jeffrey A. Stone for his exceptional display of Democrats like President Franklin Delano IN THE HOUSE OF REPRESENTATIVES Roosevelt, Speaker Sam Rayburn or Presi- courage, quick reaction, and heroic actions Wednesday, May 3, 2006 carried out in this life-saving incident. I further dent Lyndon Baines Johnson. congratulate Sergeant Stone for receiving the Of course, Bennye was a wife, mother and Mr. BOUSTANY. Mr. Speaker, it is always U.S. Department of the Interior Valor Award. I grandmother. She and her husband, Tom, difficult to inform my colleagues when a con- thank him for his distinguished service and were married for 50 years. I am amazed how stituent of mine passes away. It is especially wish him the best in all of his future endeav- Bennye found time for her career, her family hard when we have to say goodbye to a dis- ors. and her activities. tinguished public servant such as Sheriff How- My thoughts and prayers go out to her hus- ard Zerangue of Opelousas, LA, who died f band, her family, and those whose lives she Thursday, April 27, 2006 following a long bat- TRIBUTE TO BENNYE CAROL touched. She will be sorely missed. tle with a blood disorder. FRAZIER f Mr. Speaker, Howard Zerangue was Opelousas. His life and career will forever be RECOGNIZING 58TH ANNIVERSARY defined by his devoted service to his city, as HON. CHARLES A. GONZALEZ OF ISRAEL INDEPENDENCE DAY OF TEXAS well as his neighbors in St. Landry Parish, IN THE HOUSE OF REPRESENTATIVES SPEECH OF where he served more than 25 years as Sher- iff. Prior to his seven consecutive terms in the Wednesday, May 3, 2006 HON. BRIAN HIGGINS Sheriffs office, Howard Zerangue also served Mr. GONZALEZ. Mr. Speaker, I rise today, OF NEW YORK on the Opelousas Board of Aldermen from to honor a lovely woman from San Antonio, IN THE HOUSE OF REPRESENTATIVES 1966 to 1974, and as Opelousas Police Chief who passed away recently. I rise to honor Tuesday, May 2, 2006 from 1974 to 1980. Throughout his service in Bennye Carol Frazier, a person dedicated to Mr. HIGGINS. Mr. Speaker, I rise today to law enforcement, Howard Zerangue was serving others and causes bigger than anyone recognize the 58th anniversary of Israel Inde- known for making significant technological im- person. Sadly, she left us recently, but she pendence Day, Yom Ha’atzmaut. provements for his staff despite having to deal never stopped fighting. In fact, despite her On this day in 1948, the U.N. mandate re- with tight budgets. He is also credited with kind and gracious manner, she fought hard garding Great Britain’s control over the land of starting programs to fight drugs, and to pro- her entire life for the causes she believed in. Israel ended and the people of Israel declared vide transportation services for the elderly and Bennye believed in the power of education the existence of the independent democratic disabled. to transform lives. She taught in San Antonio state of Israel. Despite the lofty titles he held, Howard schools for many years, and she chose to In a democratic nation, Independence Day Zerangue never forgot where he came from. teach high school students who had the high- is created to celebrate the values and free- His jobs outside of law enforcement, including est risk of dropping out. These are the stu- doms democratic nations hold dear. However, as a Volkswagen salesman in the 1970’s and dents most in need of encouragement and re- it should also be a day for reflection on the as a bouncer at the Southern Club, allowed inforcement that obtaining an education is sacrifice required to ensure the continuation him to relate to the people he served every- something everyone can do and that the goal and protection of those freedoms. In fact, in day. His friends always appreciated his loyalty is within their grasp. There are, I’m sure, many Israel, on the day proceeding Independence and his duty. As the Opelousas Daily World people in San Antonio who would have quit Day, Israelis honor Yom Hazikaron or Memo- noted in their commentary: ‘‘He had a strong had it not been for Bennye’s encouragement. rial Day for Fallen Soldiers. The link between sense of duty. He could be counted upon to She fought to keep students in school and on the two is clear: Israelis owe a debt, and the be there when the chips were down. He stood track for graduation. existence of the state, to the soldiers who sac- up for those things—and people—that he be- Bennye also fought to improve schools and rificed their lives for it. On this day Israel Inde- lieved in. He was dedicated to his job and to treatment of teachers. She served as Presi- pendence Day, I also ask for a moment of his vision of it as a way to help others.’’ One dent of the San Antonio Teachers Council for introspection to honor those who, whether could only hope to be remembered in such a two terms as well as for the local affiliates of Israeli or American, have fallen to defend their way. Despite our loss, Howard Zerangue’s the National Education Association and the nation and to defend democracy. memory lives on in the streets of Opelousas Texas State Teachers Association, and the The United States has long been a sup- and St. Landry, which he worked to keep safe Texas Industrial Vocational Association. porter of Israel and her policies as a defender for most of his life.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.065 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E707 Mr. Speaker, I ask my colleagues here in there are over 45 million uninsured people in for at least part of the past year. This is a dra- the U.S. House of Representatives to join me this country, 8 million of them children. matic and rapid increase from 2001 when just in paying tribute to the memory of Howard For a Nation that boasts about being the over one-quarter or 28 percent were unin- Zerangue and in offering our deepest condo- wealthiest in the world and claims liberty and sured. lences to his wife, Ruth Manuel Zerangue; his justice for all, the fact that we have even one In fact, only 19 percent of the uninsured are mother, Winnie Meche Zerangue; his daugh- person without health insurance is a contradic- from families with no connection to the work ters, Mona Manteris and Debbie Sealy; his tion and a shame. force. That means 80 percent of the uninsured sons, Howard Jr., Keith, Neal, Harold and Every single year an estimated 18,000 peo- are working people. People who go to work, Darryl Zerangue; 21 grandchildren; and five ple die because they are uninsured and can- but cannot afford to obtain health care. We great-grandchildren. not get the medical care they need. 18,000 can not continue to spread the belief that em- f lives lost solely because we as a Nation fail to ployment guarantees access to health insur- provide a basic human right to those living in ance. HONORING STEPHAN L. WALTERS this country. If we don’t acknowledge health care as a And instead of addressing this crisis head basic human right soon, it will be too late for HON. RON LEWIS on, this Administration and Republican leader- some, and our societies most vulnerable will OF KENTUCKY ship have contributed to increasing numbers continue to suffer. IN THE HOUSE OF REPRESENTATIVES of uninsured people. These are the Americans who are too often Wednesday, May 3, 2006 Mr. Speaker, during the Bush Administration ignored. The uninsured have lived a campaign the number of uninsured has risen by 6 million of survival, and deserve a voice today and Mr. LEWIS of Kentucky. Mr. Speaker, I rise people. More people are now without health every day on this floor. today to give well-deserved recognition to insurance than at any point since the Census These 45 million people are calling out for Stephan Walters, an extraordinary soldier, began collecting comparable data in 1987. their government to put people before profit. teacher and citizen from my Congressional The Republicans prefer politics and profit They realize that access to quality health in- District. over vulnerable people. It is obvious that con- surance or universal health care is essential in Stephan is currently serving on active duty sumer driven health plans and cuts to Med- impacting health outcomes. with the U.S. Army Reserves at Fort Knox, icaid are not the answer to this problem. Over 40 percent of the uninsured have no Kentucky. As Captain, he is responsible for Health Savings Accounts and Association regular source of health care and utilize emer- training and mentoring a full brigade. He also Health Plans provide benefits only to those gency care due to avoiding high cost regular serves as an officer for community outreach, who are rich and healthy. They will do nothing visits. equal opportunity, safety and soldier retention. to decrease the number of uninsured who are This situation creates an ongoing cycle of Prior to his current assignment, Captain Wal- typically lower-income and have more health adults and children skipping the key preven- ters served for three years as a member of problems. tive medicine steps, like routine check-ups, the 3rd U.S. Infantry, also known as the Presi- The increase in the number of uninsured in recommended tests, and low-cost treatments. dential Honor Guard, performing a range of this country also continues to disproportion- By ignoring preventive treatments and not ceremonial duties at the White House, Pen- ately affect racial and ethnic minorities. addressing the sky-high health costs; we are tagon, and Arlington National Cemetery. Of the over 45 million uninsured, 32.7 per- creating sicker people. Captain Walters has also distinguished him- cent are Hispanic; 19.7 percent are Black; and It is a fact that the uninsured are more likely self in civilian life, earning a bachelor degree 16.8 percent are Asian. Furthermore, over 25 than those with insurance to be hospitalized in social studies and a masters degree in sec- percent of the Native American population is for conditions that could have been avoided. ondary education from the University of Ken- uninsured. We are putting our uninsured in the position tucky, graduating from both programs with Despite this devastating crisis in our Nation, of choosing between dealing with an illness at honors. Walters was a five-year member of we do have a solution. It is universal access its early and most treatable stage or feeding the University of Kentucky’s football team, to quality health care and we must demand it their family. earning numerous awards and honors for his for our people and make it a priority of this Mr. Speaker, the message we must send is academic and athletic achievements. Congress. that universal access to quality health care Upon graduation, he accepted a position at The United States is the only industrialized should be provided without discrimination to Jeffersontown High School in Louisville, KY Nation that does not provide some form of uni- all. teaching history and coaching football and versal access. We must make health care accessible! track. In 2004, he was nominated by his col- As a co-chair of the National Health Insur- Make health care affordable! Make health care leagues for the History Teacher of the Year ance Caucus, I have fought in Congress for a guarantee! Award, a special honor he later received from I encourage all of my colleagues to support universal access. That is why I have spon- the Kentucky Historical Society. legislation that will put people before profit in sored H.R. 3000, the Josephine Butler United It is my great privilege to honor Stephan our health care system. States Health Insurance Act and support my Walters today, before the entire U.S. House of colleague JOHN CONYERS’ universal health f Representatives, for his distinguished service care bill, H.R. 676. to his country and his community. His PAYING TRIBUTE TO PATTY, The goal of our legislation is so simple—to unyielding sense of duty and sacrifice rep- DANNIE AND GREG ‘‘GREASER’’ ensure that all individuals have access, guar- resent the very best of what it means to be an BASHAW anteed by law, to the highest quality and most American soldier. His achievements as a civil- cost effective healthcare services regardless ian, especially his dedication to developing HON. JON C. PORTER of their employment, income, or healthcare young minds in the classroom and on the ath- OF NEVADA status. letic field, are further marks of personal great- IN THE HOUSE OF REPRESENTATIVES While I promote universal coverage, I also ness. He is a man of exemplary leadership support the Family Care Act, the Medicare Wednesday, May 3, 2006 and dedication worthy of our collective respect Early Access Act, and the Small Business Mr. PORTER. Mr. Speaker, I rise today to and appreciation. Health Insurance Promotion Act, 3 bills that, if honor Patty, Danny and Greg ‘‘Greaser’’ f enacted, would provide health insurance to Bashaw for their continued support of the Ma- COVER THE UNINSURED WEEK half of the uninsured. rine Corps Junior ROTC program of Basic If this nation fails to take action right now, High School in Henderson, Nevada. HON. BARBARA LEE the number of uninsured will only continue to The Bashaw family has long been sup- increase. Currently, national health care porters of Basic High School’s Marine Corp OF CALIFORNIA spending is rising by more than 7 percent per Junior ROTC program. Several years ago, IN THE HOUSE OF REPRESENTATIVES year. We all know that as health costs rise, Patty and Greg became involved in the Junior Wednesday, May 3, 2006 more and more people lose their health insur- ROTC program through their son, Danny, who Ms. LEE. Mr. Speaker, I rise today to join ance either because their employer can’t af- was then enrolled. To assist in the fund raising my colleagues in bringing attention to our Na- ford it or they can’t pay for it. efforts of the program, Patty and Greg had the tion’s uninsured. Mr. Speaker, two out of every five or 41 per- ingenious idea of starting a car show, an idea As we commemorate Cover the Uninsured cent of working-age Americans with incomes that proved to be very successful. Their per- Week, I would like to say that it is criminal that between $20,000 and $40,000 were uninsured sonal belief in the goals and objectives of the

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.068 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E708 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 program and their son, Danny, joining the birthday and vow to work hard to ensure that staff and administration of the St. Bernadine Army reserve after high school has prompted the alliance between our two countries con- Medical Center for providing 75 years of top the Bashaw family to continue supporting the tinues to grow. quality medical care to the residents of San program in such an outstanding fashion. f Bernardino County, California. The Bashaw family has a distinguished When local doctors and community leaders record of service to their country and commu- PERSONAL EXPLANATION laid plans for a new hospital in 1929, they in- nity. Their dedication to their country is most tended it to be modeled after St. Mary’s Hos- evident by the fact that Greg served in the HON. DEBORAH PRYCE pital in Rochester, Minnesota, home of the Vietnam War and subsequently became an OF OHIO Mayo Clinic. Led by Dr. Philip Savage and Fa- active member of the Veterans of Foreign IN THE HOUSE OF REPRESENTATIVES ther Patrick Dunn of St. Bernadine Catholic Wars Post #3848. Their son, Danny, is cur- Wednesday, May 3, 2006 Church, they approached the Sisters of Char- rently keeping America safe by serving in Iraq. Ms. PRYCE of Ohio. Mr. Speaker, I was un- ity of the Incarnate Word in Houston, and the Mr. Speaker, I am proud to honor Patty, able to vote during the following rollcall vote. Sisters agreed to support a new hospital, pro- Danny and Greg ‘‘Greaser’’ Bashaw for their Had I been present, I would have voted as in- viding a $550,000 investment to get it started. efforts on behalf of the Basic High School Ma- dicated below: A local fund drive brought another $100,000, rine Junior ROTC program and their dedica- Rollcall 101, H.R. 4709, the Telephone and St. Bernadine Hospital was created. tion to country and community. The Bashaws Records and Privacy protection Act (4–27–06), During the early years of operation in the are truly great Americans who epitomize civic I would have voted ‘‘yea.’’ midst of the Depression, the Sisters often pride in their country and a willingness to give f would take payment for medical services in themselves to furthering the ideas of our the form of fruits, nuts and chickens. The origi- founding fathers by volunteering to help others. TRIBUTE TO DR. WILLIAM K. nal 125 beds, five surgical rooms, operating EMERY f theatre and other support facilities served the community until the 1950s, when a series of RECOGNIZING 58TH ANNIVERSARY HON. FRED UPTON expansions began. OF ISRAEL INDEPENDENCE DAY OF MICHIGAN In the past 50 years, the medical center has IN THE HOUSE OF REPRESENTATIVES grown to a 463-bed acute-care facility pro- SPEECH OF Wednesday, May 3, 2006 viding the nearly 2 million residents of San Bernardino County with some of the most ad- HON. EDOLPHUS TOWNS Mr. UPTON. Mr. Speaker, I rise today to OF NEW YORK vanced technologies and practices in the na- recognize and pay tribute to Dr. William K. tion. The 1,400 employees serve thousands of IN THE HOUSE OF REPRESENTATIVES Emery. Dr. Emery today will receive the Friend patients a year, including 43,000 in the Emer- of Public Health Award from the Berrien Coun- Tuesday, May 2, 2006 gency Department alone. The Five-Star mater- ty Health Department for his many decades of Mr. TOWNS. Mr. Speaker. I rise today to nal-child health center handles 2,600 births a dedicated service. celebrate the fifty-eight years since the found- A caring and compassionate third-genera- year. Most recently, the medical center has estab- ing of the State of Israel. This momentous oc- tion physician, Dr. Emery served as a family casion is not only a joyous day for the people practitioner and as medical director for Whirl- lished the Inland Empire Heart Institute, which of Israel but for all who cherish freedom and pool Corporation for more than 30 years. Dr. is ranked as one of the top two hospitals in democracy. Emery, his father and grandfather have pro- Southern California for heart surgery volume. The people of the United States and the vided more than a century of care to the resi- Blue Shield has designated it a Center of Ex- people of Israel have an ever-lasting bond dents of Southwest Michigan. After retiring cellence. The Medical Center is also rated as made even stronger by the events of Sep- from his practice, Dr. Emery continued to the best in the region for orthopedic care. tember 11th. Jewish Americans have made in- serve his community as a member of the Although it is still sponsored by the Sisters numerable contributions to our nation through- Berrien County Board of Health. of Charity, the medical center is now part of out its history. Many Jewish Americans also Dr. Emery is a man of vision and leader- Catholic Healthcare West. From Mother Se- became instrumental in the founding of Israel. ship, and brought those skills to bear as a bastian, the hospital’s first administrator in These bonds have been strengthened since member of the Berrien County Board of 1931, to current president Steven Barron and the events of September 11th. Together with Health. He believes that the key to good board chairman Wilfrid Lemann, the leadership Israel and all freedom loving nations, we will health is knowledge and prevention. Dr. of St. Bernadine Medical Center has showed put an end to the fanaticism of terrorism and Emery was the driving force behind the Health devotion to providing the very best health care the threat it poses to the survival of not only Department’s mission of preventing disease, for our community. the United States and Israel, but to other na- prolonging life, protecting the health of the Mr. Speaker, I ask that you and my col- tions as well. community, and promoting a better quality of leagues join in congratulating St. Bernadine The need for a safe haven for Jewish peo- life for everyone. Medical Center on their 75-year legacy of top- ple across the world is obvious. Persecution of A 1942 graduate of St. Joseph High School, quality medical care, and wish the medical Jews was practiced for generations throughout Dr. Emery received his medical degree from staff and administration further success in the Europe and elsewhere. The visionaries who the University of Michigan in 1949 and joined years to come. founded Israel established this safe haven to the family practice in 1951. f While his colleagues are recognizing him preserve the lives and culture of one of the IN RECOGNITION OF DR. NED today for his years of service, Dr. Emery’s ex- great peoples and cultures on this Earth. Al- DOFFONEY, PRESIDENT OF emplary service continues. He has been most sixty years later, they are still fighting to FRESNO CITY COLLEGE FOR HIS named the first Health Board Member emer- preserve their great traditions and culture. But DEDICATION AND SERVICE Israel has grown and prospered despite the itus by the Berrien County Board of Commis- relentless and mindless attacks perpetuated sioners, and he is volunteering at a local by the enemies of freedom. It has done so health care facility library. HON. JIM COSTA OF CALIFORNIA with the steadfast support of its friends in the Southwest Michigan is a healthier and better IN THE HOUSE OF REPRESENTATIVES United States and I am proud to count myself place because of Dr. William K. Emery. as one of these. f Wednesday, May 3, 2006 I want to take this opportunity to recognize CELEBRATING THE 75TH ANNIVER- Mr. COSTA. Mr. Speaker. I rise today to the leadership of Israel’s Consul General in SARY OF ST. BERNADINE MED- recognize Dr. Ned Doffoney, President of New York, Arye Mekel, and the hard work of ICAL CENTER Fresno City College for his dedicated service the Jewish Community Relations Council of and invaluable commitment to his students New York. Arye Mekel has worked tirelessly to and his community. advocate on the behalf of the State of Israel HON. JERRY LEWIS Dr. Doffoney has had an extensive career OF CALIFORNIA and the Council has provided invaluable as- as leader of numerous community colleges. IN THE HOUSE OF REPRESENTATIVES sistance to New York City as a whole and the He hails from Louisiana where he was the New York Jewish Community. Wednesday, May 3, 2006 founding President and Chancellor of the Mr. Speaker, I join my colleagues in con- Mr. LEWIS of California. Mr. Speaker, I South Louisiana Community College. Fol- gratulating the State of Israel on its fifty-eighth would like today to congratulate the medical lowing his time in Louisiana, he moved to

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.072 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E709 Southern California where he held notable po- many challenges, we must be undaunted in nally received permission to stop in Anchor- sitions in various colleges. For over 4 years, our task to provide the best educational expe- age—but not spend the night—on his way to Mr. Doffoney served as the President of rience to our students.’’ Dr. Doffoney’s dedica- South America. This is quite a change in plans Saddleback College of South Orange Commu- tion in the promotion of education and his in- for President Chen, who had hoped to meet nity College District; he was the Dean of Aca- valuable service to Fresno City College and its with Members of Congress in New York on his demic Affairs at Los Angeles Southwest Col- surrounding communities are accomplish- way to Paraguay and Costa Rica, but whose lege as well as the Dean of Admissions; and ments worthy of honor and recognition. trip was delayed for a day because the admin- he served as the Assistant Dean of Admis- f istration at first refused even this brief stop- sions and Financial Aid at Los Angeles Trade- over. If you have been following this case, you Technical College. In addition to his adminis- IN HONOR AND RECOGNITION OF would probably agree with me that this is no trative positions, he was also a teacher at THE CUYAHOGA VALLEY SCENIC way to treat the democratically elected presi- California State University, Dominguez Hills. RAILROAD dent of one of our staunchest allies in the Pa- On July 1, 2002, Fresno City College wel- cific. comed Dr. Doffoney as its new President. HON. DENNIS J. KUCINICH There are no laws or regulations that pre- With a wide variety of leadership experi- OF OHIO vent leaders from Taiwan visiting the United ence, Dr. Doffoney has received numerous IN THE HOUSE OF REPRESENTATIVES States, but simply a policy of the administra- recognitions and has earned the respect of tion that forbids President Chen and other Tai- Wednesday, May 3, 2006 many education institutions. In 2003, he was wanese officials from officially visiting the invited to participate in the National Commu- Mr. KUCINICH. Mr. Speaker, I rise in appre- United States. What is the source of this re- nity College Working Group organized by the ciation of the Cuyahoga Valley Scenic Rail- striction? Concern that the Chinese govern- U.S. Department of Education’s Office of Vo- road for its stewardship of the historic rail line ment will be displeased by any welcome of a cational and Adult Education. Dr. Doffoney through the Cuyahoga River Valley. Taiwanese official on our soil. However, this was the only community college representative For thousands of years Indians used the most recent self-imposed restriction goes even from California who was invited to join a distin- Cuyahoga River and Valley in northern Ohio further than the previous policy I have spoken guished group of 15 community college Presi- as a north-south transportation corridor. Later against. dents and Chancellors that were given the the Ohio and Erie Canal provided the early Last week, the Chinese urged us NOT to task of discussing issues and opportunities settlers a slow but easy way to move bulk allow President Chen to land in the United that affect the community college mission. He goods and people. In 1880, the first steam en- States at all. I suppose that we can therefore was a strong advocate for students with dis- gine chugged its way down the new Valley view this Alaskan stop as a victory for U.S. abilities and was able to provide the group Railway, signaling an era of progress and sovereignty and relations with Taiwan. How- with insight into historic measures made to prosperity for the Cuyahoga Valley residents. ever, in the past President Chen has been al- service those with disabilities in California. Primarily built to transport coal from south of lowed stops in Los Angeles, Houston, and Aside from being a strong advocate for stu- Canton to Cleveland’s growing industries, the New York. The final agreement allowed him to dents with disabilities, Dr. Doffoney has also Valley Railway also served the farmers, mer- touch down and refuel in Alaska, but not even worked tirelessly to promote the role of com- chants and factories along its route. Depots get off the plane—what an insult to a friend munity colleges as a portal to higher education piled high with farm produce dotted the valley and partner of the U.S.A. I understand that President Chen will be al- for California’s ethnic majority. His efforts section of the railroad line. lowed to pass through Honolulu, HI, next week earned him the 2004 New California Media Financial difficulties in 1894 led to the Valley on his way home from South America. I mean ‘‘Exceptional Communicator Award,’’ high- Railway’s acquisition by the Cleveland Ter- no disrespect to the fine States of Hawaii and lighting the shared values of ethnic media and minal & Valley Railroad (CT&V). The Balti- Alaska, but the symbolism of keeping Presi- representing the interest of people from all of more and Ohio Railroad bought the CT&V in dent Chen as far away from Washington, DC, the various ethnic communities in the Valley. 1915 and continued to provide freight and as possible is unmistakable. Dr. Doffoney is a proud recipient of this award passenger service between Akron and Cleve- Mr. Speaker, I believe that this is no way to and continues to bring new opportunities for land. However, the popularity of the auto- treat the elected president of one of our fellow education to the millions of underserved peo- mobile caused a decline in passenger traffic democracies which happens to be one of our ple in California. on the line. Passenger service ended in 1963. best friends in the region. Dr. Doffoney acknowledges the role of col- The last freight train operated by the Chessie Last month we invited the unelected leader lege education in his life and has worked to System ran in 1985. of China to the White House. We presented help those who are also in need of support; Today, the historic rails are owned by the with a 21 gun salute, and laid out the red car- through his encouragement of the crucial role National Park Service as part of its goal to pet for him. But the democratically elected of education in shaping the lives of individuals. preserve the significant cultural resources in President of Taiwan we do not even let set This work has earned him the 2005 TRIO the Cuyahoga Valley. The CVSR operates the foot on U.S. soil. Achievers Award where he was honored for excursion train through the Cuyahoga Valley What is wrong with this picture? his leadership and dedication in establishing National Park in cooperation with the National I believe that we should work towards lifting and promoting effective and powerful learning Park Service. all restrictions on high level visits from Taiwan environments. He continuously exemplifies the Mr. Speaker, I ask that my colleagues join including the President. This would have sev- benefits of education to the Fresno City Col- me in recognizing the CVSR, which is holding eral benefits for both the United States and lege community. its annual fundraising event this weekend, the our friend Taiwan. First, we would for once In addition to his dedicated service to Fres- ‘‘All Aboard Ball.’’ Recognition is due not only and for all eradicate the necessity of complex, no City College, Dr. Doffoney has also made for this railroad’s history, but also for its cur- lengthy and, truly, humiliating-for-Taiwan ne- it a priority to establish a presence in commu- rent enhancement of the Cuyahoga American gotiations about where and when President nity organizations. ‘‘As we continue to grow, Heritage River and its role in perpetuating Chen would be able to refuel or travel in the my top priority is to find new ways to serve the passenger rail and excursion rail in Ohio’s United States. Secondly, being able to hear needs of our community. It is our mission to 10th Congressional District and nationwide. first-hand from Taiwanese officials would pro- help communities learn and find innovative f mote a balanced understanding of both sides ways to engage learning at all levels,’’ he of the Taiwan Strait issue for Congress, the says. He is a member of the Rotary Club of RESTRICTIONS TO TAIWANESE Administration and the American public. Third- Fresno and a board member for the Fresno PRESIDENT CHEN SHUI-BIAN’S ly, we would reduce the ability of Beijing to po- Metropolitan Museum and Commission on TRAVEL IN THE U.S. liticize our valid relations with Taiwan. Finally, Athletics. He has also recently served as a and perhaps most importantly, we would ex- board member for the Public Safety Commis- HON. ROBERT E. ANDREWS tend to the President of Taiwan—and thus to sion, Fresno Fire Chiefs’ Foundation and OF NEW JERSEY the people of Taiwan—the respect and dignity Break the Barriers. IN THE HOUSE OF REPRESENTATIVES they deserve. Dr. Ned Doffoney continues his quest for Next week, when President Chen travels excellence and has established a core philos- Wednesday, May 3, 2006 home to Taiwan, I hope the administration will ophy of student service at Fresno City Col- Mr. ANDREWS. Mr. Speaker, as you may change its plans and allow President Chen to lege. He has stated, ‘‘This is a time to dare to know, this morning, the democratically elected make a stopover in New York as he initially be great. Although higher education faces president of Taiwan, Mr. Chen Shui-bian fi- planned.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.077 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E710 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 It is my sincere belief that the United States 4 p.m., 5th day of the Hebrew month of Iyar, and are forced to pay exorbitant prices at the needs to do a better job in nurturing and pro- David Ben Gurion read the Israeli Declaration pump. The average price of gasoline is now tecting the fragile democracy in Taiwan. We of Independence over the radio ending 2,000 near $3 a gallon or more and is only expected can do that by communicating directly with years of exile and persecution and fulfilling to rise further during the summer months as President Chen about how he sees the role of God’s promise to return the Holy Land to the supply dwindles. his country in promoting democracy around hands of the Jewish people. There are two parts of this equation—the oil the world. The Israeli government was founded to ‘‘en- side and the refinery side—and both must be f sure complete equality of social and political addressed for consumers to see a difference rights to all its inhabitants irrespective of reli- at the pump. HONORING THE LIFE OF CELIA gion, race or sex,’’ principles we here in this The Oil Problem: The group of eleven na- BELL country cherish as well. By holding regular tions comprising OPEC is a classic definition free elections, Israel has been an oasis of de- of a cartel, and these nations hold all the HON. ALCEE L. HASTINGS mocracy in a vast desert of theocracies, serv- cards when it comes to oil and gas prices. OF FLORIDA ing as a beacon of hope for oppressed people OPEC accounts for more than a third of global IN THE HOUSE OF REPRESENTATIVES everywhere. oil production, and OPEC’s oil exports rep- resent about 55 percent of the oil traded inter- Wednesday, May 3, 2006 In less than 60 years, this open society has allowed the country to prosper economically, nationally. This makes OPEC’s influence on Mr. HASTINGS of Florida. Mr. Speaker, I creating vibrant agricultural, industrial and the oil market dominant, especially when it de- rise today to honor the life of the late Celia technological sectors virtually from scratch and cides to reduce or increase its levels of pro- Bell, a constituent and friend, who passed leading to successful foreign trade agree- duction. Just recently, OPEC ministers an- away just two weeks ago. ments. Israel has worked tirelessly to promote nounced that they would not increase produc- Celia Bell was born in Philadelphia, Penn- peace in the Middle East by achieving peace tion or even offer their spare oil capacity to re- sylvania on May 3, 1915. She was born a twin accords with Egypt and Jordan, an idea that spond to rapidly increasing oil prices. While and weighed only one and one-half pounds. would have seemed impossible in 1948. The OPEC is in a unique position to respond to Doctors had little faith the babies would sur- Jewish State’s many positive contributions to and alleviate this crisis, its nations will instead vive, and indeed, one did not. But Celia not the world community exemplified by the Nobel stand by while our oil and gasoline prices go only survived, she thrived and went on to live Prizes in economics, chemistry, literature and through the roof. The Refinery Problem: Refining costs are a very full life, passing away on April 17, 2006 peace that have been awarded to its citizens. the second largest chunk of the cost of a gal- just a couple of weeks shy of her 91st birth- It is hard to believe that all of this has come lon of gasoline. And while companies like day, which would have been today. out of a country no bigger than New Jersey ExxonMobil are posting first-quarter profits that Celia married Max Kauffman on December and that it perseveres in the face of constant are up 7 percent from a year ago, the cost of 22, 1935 and they raised three children to- adversity. If one of the main planks of our for- gasoline continues to rise. In this climate—and gether: Fred Kauffman (spouse Bobbie), Hedy eign policy is to spread democracy and pro- with increasing reliance on foreign oil—we Goldberg (spouse Bob), and Brenda Hoelzle mote freedom around the world, then I can must be particularly vigilant in safeguarding (spouse Bob). These three wonderful children think of no better way to accomplish that goal consumers from potential exploitation. blessed Celia and Mac with 8 grandchildren: than by strengthening the bond between our Bret Kauffman (spouse Madie), Mark The Solution: This comprehensive legisla- countries and offering it as an example to the tion, the ‘‘Oil and Gas Industry Antitrust Act of Kauffman (spouse Tracey), Eric Kauffman rest of the world. (spouse Debbie), Lee Hoelzle, Bryan Hoelzle 2006,’’ is simple and effective, and has al- Israel Independence Day, or Yom ready been passed by a U.S. Senate Com- (spouse Sharon), Karen Caltune (spouse Ha’atzmaut in Hebrew, provides Jews in this Todd), and Lewis and Ellen Goldberg. When mittee. It: country an opportunity to demonstrate their Amends the Clayton Act to prohibit oil and she passed away, Celia was the great-grand- solidarity with and strengthen their alliance gas companies from unilaterally withholding mother of 8 wonderful greatgrandchildren: An- with the State of Israel. It is fitting, then, that supply with the intent of raising prices or cre- drew, Michelle, Max, Brennan, Aaron, and I stand here at the beginning of the very first ating a shortage. Joshua Kaufman, and Matthew and Jarett Jewish American Jewish Heritage Month in Directs several studies, including a Justice Hoelzle. Max and Celia were married for 53 which we will celebrate the 352 year history of Department/FTC study of mergers in the oil years until Max’s passing in 1989. the Jews’ contributions to American culture. and gas industry, and a GAO study of whether Celia Kauffman never worked outside of her Therefore, I ask my colleagues to join me in government consent decrees in oil mergers home, but always kept busy, sewing, knitting, supporting this resolution, congratulating Israel have been effective. and crocheting. In the late 1970’s, Celia and on 58 years of independence and I look for- Directs the Attorney General and FTC Max moved to South Florida where she con- ward to building an even stronger relationship Chairman to establish a joint federal/state task tinued to be active in her community by volun- with our friends in the years to come. force with state AG’s to investigation informa- teering her services. She bowled until the age f tion sharing among oil companies. of 85 when her arthritis forced her to stop. Exempts OPEC and other nations from the However, at the age of 89, she was still doing INTRODUCTION OF THE ‘‘OIL AND provisions of the Foreign Sovereign Immuni- volunteer work as the water exercise instructor GAS INDUSTRY ANTITRUST ACT ties Act to the extent those governments are at her condominium pool and crocheting lap OF 2006’’ engaged in price-fixing and other anticompeti- robes which were donated to nursing homes tive activities with regard to pricing, production and children’s services. HON. JOHN CONYERS, JR. and distribution of petroleum products. (OPEC It gives me great pride today to honor this OF MICHIGAN currently claims sovereign immunity by saying great American, whose legacy lives on in her IN THE HOUSE OF REPRESENTATIVES its actions are ‘‘governmental activity,’’ which children, grandchildren, great-grandchildren, Wednesday, May 3, 2006 is protected, rather than ‘‘commercial activity,’’ and friends. which is not.) f Mr. CONYERS. Mr. Speaker, today I am in- Makes clear that the so-called ‘‘Act of State’’ troducing the ‘‘Oil and Gas Industry Antitrust doctrine does not prevent courts from ruling RECOGNIZING 58TH ANNIVERSARY Act of 2006,’’ legislation that prohibits oil and on antitrust charges brought against foreign OF ISRAEL INDEPENDENCE DAY gas companies from unilaterally withholding governments and that foreign governments supply with the intent of raising prices or cre- are ‘‘persons’’ subject to suit under the anti- SPEECH OF ating a shortage and subjects the OPEC na- trust laws. HON. DAVID SCOTT tions to the U.S. antitrust laws. I am joined by Authorizes lawsuits in U.S. federal court OF GEORGIA Representatives CHABOT, LOFGREN, BROWN against oil cartel members by the Justice De- IN THE HOUSE OF REPRESENTATIVES (OH), MEEHAN, SCHIFF, LEE, and HINCHEY. partment. In recent days, the price of crude oil has We do not have to stand by and watch gas Tuesday, May 2, 2006 reached an all-time high of $75 per barrel, prices continue to climb without taking action; Mr. SCOTT of Georgia. Mr. Speaker, I rise more than twenty percent higher than the we should protect consumers from any anti- today to pay tribute to one of this country’s price at the start of the year. This increase is competitive behavior that might be occurring. I most important allies in the War on Terror, the directly felt by American consumers, who con- am hopeful that Congress can move quickly to State of Israel. Fifty-eight years ago today, at sume over 40 percent of the world’s gasoline enact this worthwhile and timely legislation.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.081 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E711 AN AMERICAN WORKER’S STORY RECOGNIZING THE ARMENIAN ther, Chief Hospital Corpsman Frank Davis, YOUTH FEDERATION died from illnesses resulting from the use of Agent Orange in the Vietnam War. Mary Liz’s HON. DALE E. KILDEE HON. CAROLYN B. MALONEY friend brought a silver rose to Chief Davis OF MICHIGAN OF NEW YORK while receiving treatment in Salt Lake City. IN THE HOUSE OF REPRESENTATIVES Upon his death Mary Liz established the Order IN THE HOUSE OF REPRESENTATIVES of the Silver Rose for the victims of Agent Or- Wednesday, May 3, 2006 Wednesday, May 3, 2006 ange. Mrs. MALONEY. Mr. Speaker, I rise today Linda and Luz Arellano have started the to share with my colleagues a wonderful Mr. KILDEE. Mr. Speaker, my constituent Order of the Silver Rose Nevada chapter in an speech made by Nanor Harutunian of the Ar- Steve Grandstaff is shop Chairman of the effort to bring honor and recognition to the vet- menian Youth Federation at a recent event United Auto Workers (UAW) Local 651, which erans of the Vietnam War. On April 26, 2006, that I attended in New York City to commemo- represents hourly workers at Delphi East in Linda and Luz, on behalf of the Nevada Chap- rate the 91st anniversary of the Armenian my hometown of Flint, Michigan. ter of the Order of the Silver Rose, honored Genocide. For the RECORD I would like to read an ex- fifteen veterans from Nevada and recognized The speech reads: cerpt of the electronic testimony that Steve them for their service and sacrifice during the wrote for the Education and the Workforce Your eminence Archbishop Oshagan Choloyan, Reverend Clergy, Government Of- Vietnam War. I would like to share the names Committee e-hearing on the impact of the Del- ficials and Honored Guests. of those noble veterans, they are; Ronald G. phi bankruptcy filing: In the words of Martin Luther King Jr.: Smith, Edward Fizer, William Siebentritt, David I am the Shop Chairperson of UAW Local ‘‘Our lives begin to end the day we become Gilmartin, Joseph C. Marrs, William T. Anton, 651 in Flint, servicing Delphi Flint East and silent about things that matter.’’ Silence, is Dennis Sitzler, Harold Williams Jr., Carlos representing 2800 hard working people. Early a spoken language in itself. Silence may Cepeda, Charles E. Johnson, Donald on in this whole saga I had a realization often speak louder than words. Silence, ver- WeIchold, Robert F. McHale, George S. Nagy, what the whole issue boils down to. balizes fear, ignorance, tacit agreement, carelessness, and defeat. What it does not Leon Walker, and Arturo Garingan. I refer to it as the promise; the promise portray is anger, persistence, perseverance, Mr. Speaker, I am proud to honor Linda and was part of the deal. The deal was that you knowledge, and strength. The Armenian Luz Arellano as well as the veterans they rec- came to work and did your job for 30 years Youth Federation will never be silent. We and at the end of that time you could have ognized with the award of the Silver Rose. On will continue to speak for justice and truth. behalf of Nevada, I thank these brave vet- the opportunity to go on your way with a As the Armenian Youth, the AYF was built somewhat comfortable pension to see you on the endurance and determination of its erans for their service and sacrifice. through your later years. ancestors. Determination to keep our nation The workers end of the promise was that and our country united, free and inde- f they worked the off shifts for the first dec- pendent. It is this determination that we ade of employment. This meant working the possess when we hold the Turkish govern- 54TH ANNIVERSARY OF THE hot days in the summer and the cold ones in ment accountable for the Genocide of the Ar- NATIONAL DAY OF PRAYER the winter. That in itself meant that you menian people 91 years ago. We stand united were at work when your family and your not only as an organization but as a people friends were working normal hours and en- to honor the memory of over one and a half HON. BOBBY JINDAL joying life. million Armenians killed at the hands of the Ottoman Empire. It is by educating our- OF LOUISIANA The promise meant that you worked in the selves that we become empowered. It is grimy, dangerous conditions. You did boring through this education that we can make a IN THE HOUSE OF REPRESENTATIVES monotonous jobs. You suffered the labeling difference. We are the children, grand- by society because you worked in a factory. Wednesday, May 3, 2006 children, and great grandchildren of those You would work the extra hours so that Armenians who were forced out of their you could get the nice things that life of- Mr. JINDAL. Mr. Speaker, whereas, the his- homeland, of those Armenians who perished. torical record of the United States, as ac- fered. The things that seemed to come easier We have worked and will continue to work to other people but in your case you had to with other communities to raise awareness knowledged by the highest court in our land, do a little extra to get them. . . . of crimes against humanity. We have held reveals a clear and unmistakable pattern Over the years many of us had the oppor- protests, rallies, vigils and memorials in the woven throughout our Nation’s history; Amer- tunity to make a decision, should I stay or name of justice and honor. ica was founded upon the principles and truths should I move on to something else. Many, Dr. King also said ‘‘The ultimate measure revealed in the Holy Scriptures; and of a man is not where he stands in moments many people stayed on because of the prom- Whereas, as a Nation with a Judeo-Chris- ise. of comfort and convenience, but where he stands at times of challenge and con- tian heritage, prayer has been and remains an They made decisions not to go to a new ca- troversy.’’ If one is afraid to stand up for essential element of our national conduct as reer because they were many years into the what he or she believes in, then it is not we seek divine direction and blessing; and equation of which the promise weighed oh so worth believing in anything at all. We stand heavily. Whereas, our Nation’s leaders, beginning for recognition and reparations. Our ances- The promise was always out there. tors had their families, homes, culture, and with our first president, George Washington, to The company always reminded anyone country taken away from them. The Arme- our current president, George W. Bush, have that would listen about how they were fund- nian Youth Federation calls for the atroc- called upon Americans to individually and cor- ing our pensions and used that as a bar- ities of the past to be recognized. Only by porately pray for and seek God’s divine bless- gaining chip when our wages or benefits were first recognizing the past, can we truly rec- ing upon our Nation in both times of peace on the table. ognize our future. and in times of conflict; and It was always figured in as a benefit cost f Whereas, in times of great crisis we have even though now some wonder if the com- PAYING TRIBUTE TO THE ORDER been prompted by officially proclaimed days of pany ever really intended to fulfill the prom- prayer to ask for God’s guidance; and ise. OF THE SILVER ROSE Now here we are near the end of our ca- Whereas, Holy Scripture instructs in 1 Sam- reers, not as young as we used to be, many of HON. JON C. PORTER uel 2:30 to give God honor; and us broken. When so many of us are so close OF NEVADA Whereas, in 2006, on the 54th Anniversary to being able to cash in on the promise the IN THE HOUSE OF REPRESENTATIVES of the National Day of Prayer, America once company is attempting to take it away from Wednesday, May 3, 2006 again finds herself in the midst of danger and us. . . . Mr. PORTER. Mr. Speaker, I rise today to uncertainty making it essential that we as a Mr. Speaker, this Congress has failed to honor Linda and Luz Arellano. They are re- people seek God’s direction through prayer so protect American workers while focusing on sponsible for awarding the Order of the Silver that our world might enjoy peace. protecting the privileged few. Rose Medal and Award to our veterans in Ne- Now Therefore, I encourage all of the citi- It is time for these workers’ stories to be vada. zens of Louisiana to participate in honoring heard and I am pleased to have this oppor- The Order of the Silver Rose was estab- God by seeking His blessing both upon our tunity to share one of these stories. lished in 1997 by Mary Liz Marchand. Her fa- State and our Nation.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.085 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E712 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 HONORING THE BUDD LAKE him as one of the ‘‘most effective and progres- took this opportunity to rush towards him, VOLUNTEER FIRE DEPARTMENT sive trial judges in America.’’ This honor is es- grabbing him around the waist and pulling him pecially hard won in a court system whose pri- to safety. After both fell to the sidewalk, the HON. RODNEY P. FRELINGHUYSEN mary purpose lies with complex and emotion- man continued to resist but with Sergeant OF NEW JERSEY ally-charged issues of homes in crisis, juvenile Stone’s assistance he was subdued and taken offenders and victims of abuse and violence. IN THE HOUSE OF REPRESENTATIVES into custody. Prior to being transported to the While most judges choose to move as hospital, the man thanked the officers for sav- Wednesday, May 3, 2006 quickly as possible through the assignment of ing his life and apologized for creating a dis- Mr. FRELINGHUYSEN. Mr. Speaker, I rise handling juvenile matters, Judge Edwards ad- turbance. today to honor the Budd Lake Volunteer Fire vocated innovative changes to the system. He Mr. Speaker, I am proud to honor Corporal Department, in the Township of Mount Olive, fashioned new programs to unify families, deal Russell W. Balbirona for his exceptional dis- New Jersey, a patriotic community that I am with domestic violence, improve foster care play of courage, quick thinking, and the heroic proud to represent! On June 24, 2006 the and reform the approach to both dependents actions carried out in this life-saving incident. good citizens of Budd Lake and Mount Olive and delinquents in juvenile matters. Edwards I further congratulate Corporal Balbirona for will celebrate the Fire Company’s 75th Anni- is a judge who strongly promoted trans- receiving the U.S. Department of the Interior versary with special festivities. parency in an otherwise secretive juvenile Valor Award. I thank him for his distinguished The Budd Lake Volunteer Fire Department court system. service and wish him the best in all of his fu- was formally incorporated in 1931 with ap- In 1999, Judge Edwards established one of ture endeavors. proximately twenty-three members. A history the country’s first dependency drug treatment compiled by the department says the first pur- courts. He also founded the Juvenile Court f chased piece of equipment was a Baby Grand Judges Association of California and was co- founder of the Santa Clara County Domestic INTRODUCTION OF UNRWA Chevrolet, which the department utilized as a INTEGRITY ACT chemical truck. In 1934 the department was Violence Council. granted permission to move from a garage be- Judge Edwards’ innovations in juvenile jus- hind Mockler’s Tavern into the Municipal Build- tice made him an expert sought out by courts HON. MARK STEVEN KIRK ing (which is now the Country Store). The first across the country. Although he is retiring OF ILLINOIS pumper owned by the department was a Ford from the bench, he will continue to focus on IN THE HOUSE OF REPRESENTATIVES important social justice issues. Judge Edwards purchased by the Township Committee in Wednesday, May 3, 2006 1935. hopes to serve as a regular juvenile justice A new firehouse was constructed in 1968 to consultant for the California Administrative Of- Mr. KIRK. Mr. Speaker, I am introducing the house all of the department’s equipment and fice of the Courts and will continue to travel UNRWA Integrity Act of 2006 with Congress- a large room for department meetings and the country to provide expertise to juvenile man Tom Lantos (D-CA). This bill ensures that fundraising activities. Additions were com- courts elsewhere. American taxpayers are not funding terrorism pleted in 1972 and 1987. The latter included Judge Edwards is also the son of my prede- through contributions to the United Nations two new equipment bays, allowing one piece cessor in office, the longtime San Jose Demo- Relief and Works Agency for Palestinian Refu- of apparatus per bay. Prior to this addition, cratic congressman Don Edwards. Former gees in the Near East (UNRWA). great agility was required to park three large Congressman Don Edwards served San Jose UNRWA was created in 1949 as a tem- fire trucks, a brush truck and an equipment honorably in Congress for three decades and porary agency to provide relief services to Pal- van in three bays! was a true mentor to me when I worked for estinian refugees. It is the only United Nations Currently, the Fire Department, led by Fire him prior to my election to the seat he occu- agency dedicated to one specific group of ref- Chief Ken Nelson, has about 40 members. pied after his retirement. San Jose has been ugees. The United States is the UNRWA’s Last year they responded to over 500 alarms. blessed by these two men who clearly served largest donor, contributing more than $2 billion Mr. Speaker, I urge you and my colleagues its citizenry well. since 1950. In 2005 alone, the United States to join me in congratulating the volunteers of f donated $108 million, constituting nearly a the Budd Lake Fire Department on the cele- fourth of UNRWA’s annual budget. PAYING TRIBUTE TO CORPORAL Yet, there is a startling lack of accountability bration of 75 years of protection of one of New RUSSELL W. BALBIRONA Jersey’s finest municipalities. over UNRWA’s financial activities. An analysis of UNRWA’s most recent internal audit per- f HON. JON C. PORTER formed by the United Nations Board of Audi- HONORING SANTA CLARA COUNTY OF NEVADA tors finds vague summary totals. Account after SUPERIOR COURT JUDGE LEON- IN THE HOUSE OF REPRESENTATIVES account in this audit describe line items as ARD EDWARDS ON HIS RETIRE- Wednesday, May 3, 2006 ‘‘Cash Assistance’’ or ‘‘Unearmarked Contribu- MENT FROM THE BENCH Mr. PORTER. Mr. Speaker, I rise today to tion.’’ At least $43 million of UNRWA’s budget honor Corporal Russell W. Balbirona in rec- is undefined. As American taxpayers, we are HON. ZOE LOFGREN ognition of his heroic act performed at the Bu- entitled to better accounting standards. OF CALIFORNIA reau of Reclamation’s Hoover Dam resulting in With Hamas’ rise to leadership of the Pales- tinian Authority, we must ensure that contribu- IN THE HOUSE OF REPRESENTATIVES the saving of a life and to commend him for tions to UNRWA do not end up in the hands Wednesday, May 3, 2006 receiving the U.S. Department of the Interior Valor Award. of terrorists. This is no idle concern. UNRWA Ms. ZOE LOFGREN of California. Mr. Corporal Balbirona displayed outstanding was suspected in terrorist activity involving ter- Speaker, I rise to honor and commend Santa dedication and commitment to the Hoover rorists using UNRWA ambulances to transport Clara County Superior Court Judge Leonard Dam Police Department when he assisted a weapons. Furthermore, UNRWA employees Edwards who is retiring in May after nearly 26 fellow officer in preventing a suicide: use their posts to run for office on Hamas’ years on the bench. On October 14, 2005, Corporal Balbirona ticket. When questioned on Hamas candidates Former Governor Jerry Brown first ap- responded to a radio call from Sergeant Jef- working for UNRWA, the Commissioner Gen- pointed Edwards to the bench after he had es- frey Stone reporting an individual standing on eral refused to comment. tablished himself in San Jose, California as a the wall overlooking the Dam. When Corporal The UNRWA Integrity Act ensures money lawyer specializing in juvenile law and criminal Balbirona arrived at the top of the Dam he ob- designated for humanitarian assistance does defense. served Sergeant Stone demanding that the not fall into the hands of terrorists. The bill re- Through the years, Edwards regularly man get down. The man told Sergeant Stone quires the President must certify to Congress ranked among the highest in local bar asso- he was going to jump. Corporal Balbirona ap- that UNRWA is subject to comprehensive fi- ciation surveys of the judges; and as his proached the man from behind and motioned nancial audits by an internationally recognized, speeches and writings spread across the to Sergeant Stone to distract the man by talk- independent auditing firm; does not knowingly country, his reputation extended well beyond ing to him. Even with Sergeant Stone’s word provide employment, refuge, assistance or his chambers in San Jose. of encouragement, the man refused to get support of any kind to members of foreign ter- In 2004, Judge Edwards received the pres- down. rorist organizations; and is not an impediment tigious William Rehnquist award from the Na- As the man was reaching for a cigarette that to finding a lasting solution for Palestinian ref- tional Center for State Courts, which heralded Sergeant Stone offered, Corporal Balbirona ugees in the West Bank and Gaza. The bill

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.089 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E713 also calls upon the State Department to as- Groszew’s ‘‘Odds and Ends,’’ Cheryl Brown’s of a telephonic hearing system that reduced sess the prospect of phasing out services pro- ‘‘The telephone Call,’’ and Tiffany Chao’s the cost of litigation in the San Jose, California vided by UNRWA, and examine anti-Semitic ‘‘Lake Tahoe.’’ Court by approximately $300,000 per month. bias in UNRWA’s educational material. Boonton High School: Jennifer Hitchings’’ This system allows attorneys to make court Tying future U.S. assistance to UNRWA to ‘‘Profile,’’ Wyatt Sikora’s ‘‘Mind Mesh,’’ Sarah appearances from their offices by telephone an independent, internationally recognized ex- La Placa’s ‘‘unexpected,’’ and Karinya on all routine matters as well as other matters penditure audit will ensure U.S. taxpayer Santiago’s ‘‘Mom.’’ of their choosing. The system has become money does not support terrorist organizations Bridgewater Raritan High School: Allison widely used by the bar and saved thousands like Hamas. I want to thank my good friend Boucher’s ‘‘Zoom In,’’ Snena Ganguly’s of dollars in billable hours for clients. Congressman TOM LANTOS for being the lead ‘‘Woods,’’ and Amanda Ayod’s ‘‘What’s in My Judge Grube is the author of numerous pro- co-sponsor of this legislation. I look forward to Purse.’’ cedural and substantive guidelines adopted working with him and my other colleagues on Roxbury High School: Mark McDevitt’s ‘‘Still throughout the District and nationwide that this bill to bring accountability to UNRWA. By Life # 3,’’ Dana Windt’s ‘‘Morris Study # 5,’’ provides guidance to counsel and reduce un- doing so, we can take positive steps towards Deborah Brooks’’ ‘‘Proverb # 5,’’ and Amanda necessary legal expense. He is also recog- solving the refugee problem without allowing Baratta’s untitled work. nized as an outstanding and frequent lecturer. U.S. dollars to fall into the hands of terrorists. Livingston High School: Lucy Tan’s ‘‘1930’s In 2000 he spoke nationwide about the tech- f icon,’’ Stacey Berson’s ‘‘B Minor,’’ Genna nology bankruptcies that are typical in Silicon Cherichello’s ‘‘Mannequin in Orange and Valley and because of the unique caseload of CONGRATULATING OUTSTANDING Blue,’’ and Tanya Goldberg’s ‘‘Complementary bankruptcy courts in Silicon Valley, he has au- HIGH SCHOOL ARTIST FROM THE Expressions.’’ thored many ground-breaking opinions in the 11TH CONGRESSIONAL DISTRICT Montville High School: Yi Ming He’s ‘‘Cen- intellectual property field. OF NEW JERSEY tral Perc,’’ April Ennis’s ‘‘Springtime Enchant- As a strong advocate of education, Jim ment,’’ Joyce Chung’s ‘‘Checkmate,’’ and served on the Ninth Circuit Bankruptcy Edu- HON. RODNEY P. FRELINGHUYSEN Kaitlin Michaud’s ‘‘Little Sister.’’ cation Committee. He has imparted his experi- OF NEW JERSEY Millburn High School: Albert Choi’s ‘‘Self ence and wisdom by being a mentor to his law IN THE HOUSE OF REPRESENTATIVES Portrait,’’ Ann Trocchia’s ‘‘Self Portrait Ann,’’ clerks and has stood as an example to other Wednesday, May 3, 2006 and Erica Sutton’s ‘‘Self—Portrait.’’ lawyers in methods to approach legal prob- Mr. FRELINGHUYSEN. Mr. Speaker, once West Morris Mendham: Sara Gilbert’s ‘‘Va- lems. again, I come to the floor to recognize the cancy,’’ David Brunell-Brutman’s ‘‘Juggernaut,’’ Judge Grube participated in establishing the great success of strong local schools working and Heather Schultz’s ‘‘Relative Motion.’’ Don Edwards Inn of Court and has promoted with dedicated parents and teachers to raise Each year the winner of the competition has civility and professionalism in the community young men and women. I rise today to con- their art work displayed with other winners through his leadership. Judge Grube has also gratulate and honor 45 outstanding high from across the country in a special corridor participated in both the San Jose Rotary Club school artists from the 11th Congressional here at the U.S. Capitol. Every time a vote is and the Hollister Rotary Club. District of New Jersey. Each of these talented called, I walk through that corridor and am re- I know I join many others in Santa Clara students is participating in the 2006 Annual minded of the vast talents of our young men County in thanking Judge Grube for his con- Congressional Arts competition, ‘‘An Artistic and women. tributions and wish him well upon his retire- Discovery.’’ Their works, of art are excep- Indeed, all of these young artists are win- ment from the bench. tional! ners, and we should be proud of their achieve- f We have 45 students participating. That is a ments so early in life. Mr. Speaker, I urge my colleagues to join BUSINESS LEADERS TO BE RECOG- tremendous response, and I would very much NIZED BY NORTH CENTRAL OHIO like to build on that participation for future me in congratulating these talented young people from New Jersey’s 11th Congressional ENTREPRENEURIAL HALL OF competitions. FAME Mr. Speaker, I would like to congratulate the District. f three winners of our art competition. First HON. MICHAEL G. OXLEY place was awarded to Sara Gilbert from West TO COMMEND THE HONORABLE OF OHIO Morris Mendham High School for her work en- JAMES R. GRUBE FOR HIS WORK IN THE HOUSE OF REPRESENTATIVES titled ‘‘Vacancy.’’ Second place was awarded AT THE UNITED STATES BANK- to Lucy Tan from Livingston High School for RUPTCY COURT IN THE NORTH- Wednesday, May 3, 2006 her work entitled ‘‘1930’s Icon.’’ Third place ERN DISTRICT OF CALIFORNIA Mr. OXLEY. Mr. Speaker, it is my privilege was awarded to Snena Ganguly from Bridge- to recognize the outstanding accomplishments water Raritan High School for her work enti- of three distinguished Ohioans being honored tled ‘‘Woods.’’ HON. ZOE LOFGREN Mr. Speaker, I would like to recognize each OF CALIFORNIA by the North Central Ohio Entrepreneurial Hall artist for their participation by indicating their IN THE HOUSE OF REPRESENTATIVES of Fame on May 5. Shirley Monica began her career with the high school, their name, and the title of their Wednesday, May 3, 2006 contest entry for the official Record. Home McDonald’s organization in 1978, when she schooled: Phyllis Schlafly’s ‘‘Circle of Light.’’ Ms. ZOE LOFGREN of California. Mr. and her husband invested in three stores in Madison High School: Joey Mottola’s ‘‘A Speaker, I rise to honor and commend the the Mansfield area. In 1980, despite a dismal look into deep Blu,’’ Chloe Unger’s ‘‘Reflec- Honorable James R. Grube upon his retire- economy, Shirley listened to her instincts and tion,’’ Philip Hinge’s ‘‘Self Portrait,’’ and Pam ment from an almost 18-year career on the opened a store on her own—silencing her de- Dughi’s ‘‘Self.’’ bench serving the United States Bankruptcy tractors a year later when the store was Mount Olive High School: Sophia Sobers’s Court in the Northern District of California. named the highest-volume store in the United ‘‘Loss of Innocence,’’ Andrew Schweighardt’s Judge Grube was appointed to the bench States. Today, Shirley and her family own nine ‘‘Omas Pickled Peppers,’’ Jessica Masterson’s on August 12, 1988 after practice as an attor- McDonald’s franchises in north central Ohio. ‘‘FLIP,’’ and Meghan Marvin’s ‘‘There Goes ney specializing in bankruptcy and general in- Her stores have repeatedly been recognized the Neighborhood.’’ solvency matters. Prior to his practice of law, for their service speed, quality, and overall Ridge High School: Wyatt Regan’s ‘‘Burning Judge Grube served in the United States operational excellence. Bush,’’ Alan Yang’s ‘‘Flight of the Mind,’’ Army as a Captain with the 11th Light Infantry Shirley has made her career about more Jenna Buesser’s ‘‘Detained Debris,’’ and Han- Brigade in Vietnam. In 1987, shortly before his than simply developing restaurants. Her co- nah Barkley’s untitled work. appointment to the bench, Jim was elected to workers and employees speak of Shirley fond- Dover High School: Erick Szentmiklosy’s un- the 500 Best Lawyers in America in recogni- ly as a leader, mentor, and friend. Her drive titled work. tion of the quality of his legal work in the field for perfection and faith in people make Shirley Morris Hills High School: Brandon of bankruptcy. truly worthy of induction into the Hall of Fame. Rodleewitz’s ‘‘Partners in Peace,’’ and Krupa During Judge Grube’s tenure he has led the Also being inducted is Bill Burgett, a long- Patel’s ‘‘Visions.’’ court in a number of areas to improve cost time friend who founded the Kokosing Con- Morris Knolls High School: Lindsay and delay reduction in the courts. In the mid struction Company in 1950. Based in Mehringer’s ‘‘coucher de soleil,’’ Tanya 1990’s, Judge Grube led the implementation Fredericktown, Kokosing is a regional leader

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.092 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E714 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 in the construction of industrial plants, road that all Americans should understand, appre- and fashionable roadhouse. Most famous bridges, and underground utility systems. Last ciate, and defend. I applaud the students from amongst its regular guests was GEN Abner year, the company ranked 67th in a listing of East Brunswick High School for acting on Doubleday, best known as the inventor of the top 400 national contractors. Employing these values. They are indeed our future lead- baseball. This majestic building, recently re- more than 2,500 Ohio workers, Kokosing op- ers, and have proven that they are able to de- stored, serves as the Borough Hall. erates five divisions and five subsidiary com- fend and nurture our democracy and our Con- Today, Mendham Borough is comprised of panies. stitution. While I certainly admire their wealth modest homes, small estates, and individual Bill has conducted his entire career with of knowledge, I admire even more their pas- retail stores with some remaining open space. dedication to integrity and excellence. All five sionate dedication to our American ideals. Its population exceeds 5,000. of his children have voluntarily joined the com- The participating students competed against Mr. Speaker, I urge you and my colleagues pany, which says even more about Bill’s char- more than 1,500 students from 49 other high to join me in congratulating the residents of acter than the numerous community awards schools. Since its founding by the Center for Mendham Borough on the celebration of 100 he has garnered over the years. His hard work Civic Education in 1987, over 28 million stu- years of rich history of one of New Jersey’s and entrepreneurial spirit make him an obvi- dents have participated in this program, whose finest municipalities. ous choice for induction. goal is to educate high school students on the f This year, the Hall of Fame is also paying importance of continued civic involvement. HONORING 5TH AND 6TH GRADE tribute to a 2005 inductee: Michael M. Vucelic East Brunswick High School won last year’s STUDENTS AT LAKE HARGROVE of Ideal Electric in Mansfield. Ideal employs competition, and it is a great achievement to ELEMENTARY SCHOOL nearly 500 people at its Mansfield and Min- have defended their title. neapolis facilities. I would like to congratulate each of the stu- Mike acquired a passion for engineering dents of East Brunswick High School: Brian HON. DARLENE HOOLEY while flying gliders during his youth in Yugo- Boyarksy, David Chu, Nelson Chu, Dana OF OREGON slavia. This fascination with mechanics led him Covit, Megan DeMarco, Ben DeMarzo, Craig IN THE HOUSE OF REPRESENTATIVES to Germany—where he served as a design Distal, Deborah Elson, Dana Feuchtbaum, Wednesday, May 3, 2006 engineer for Mercedes-Benz and the Ford Munira Gunja, Melinda Guo, Shelby Highstein, Ms. HOOLEY. Mr. Speaker, I rise today to Motor Company—and then to the United Evan Hoffman, Jayasree Iyer, Ryan Korn, Mi- recognize an amazing group of students. The States, where he worked for Cessna. chael Martelo, Carol Ann Moccio, Jeffrey fifth and sixth graders of Lake Grove Elemen- By the age of 30, Mike was in charge of Myers, Ari Ne’eman, Daniel Nowicki, Aditya tary School in Lake Oswego, Oregon, have overseeing 300 NASA engineers on the Apollo Panda, Sherwin Salar, Gil Shefer, Aaron Sin, taught us all a lesson about helping those in program; Mike himself was at the control Lauren Slater, Eric Smith, Merichelle need. panel for both the Apollo 8 and Apollo 13 mis- Villapando, Amy Wang, and Jason Yang. Con- When these students learned about that sions. Mike left NASA in 1975 for a 20-year gratulations also go to their teacher, Alan many people around the world, and right in career at Rockwell International, where he Brodman, for inspiring his students to excel in our own backyards, go hungry every day, they rose from engineering manager to corporate their study of the Constitution. decided that they wanted to do something vice president. I am proud to have such fine Constitutional about it. They spearheaded an event called In 1986, Mike purchased the nearly bank- scholars in my district, and I am myself in- the Empty Bowl Project to raise awareness rupt Ideal Electric Company, quickly trans- spired by their dedication our nation’s most about hunger in their community and to benefit forming it into the industry leader for diesel en- sacred ideals. I wish them the best of luck in the Oregon Food Bank. gines and medium-power generators. His in- their future endeavors. The idea behind the Empty Bowl Project is genuity and selfless labor make him worthy of f simple. Participants create ceramic bowls, and this recognition. then serve a meal of soup and bread. Guests I know my colleagues join me in honoring HONORING THE BOROUGH OF MENDHAM COMMUNITY choose a bowl to use that day and to keep as these three exceptional business leaders as a reminder that there are always Empty Bowls they are recognized by the North Central Ohio in the world. In exchange for a meal and the Entrepreneurial Hall of Fame. HON. RODNEY P. FRELINGHUYSEN bowl, the guest gives a donation to a local f OF NEW JERSEY hunger organization. IN THE HOUSE OF REPRESENTATIVES WE THE PEOPLE: THE CITIZENS The Empty Bowl Project at Lake Grove con- AND THE CONSTITUTION PRO- Wednesday, May 3, 2006 sists of three parts. The fifth and sixth graders led their schoolmates in a food drive that has GRAM Mr. FRELINGHUYSEN. Mr. Speaker, I rise collected over 1,500 food items. Each class today to honor the Borough of Mendham in from pre-Kindergarten through sixth grade de- Morris County, New Jersey, a vibrant commu- HON. RUSH D. HOLT signed their own empty bowl to be raffled at nity I am proud to represent. On May 15, 2006 OF NEW JERSEY the Soup Supper. And the culminating event the good citizens of Mendham Borough are IN THE HOUSE OF REPRESENTATIVES will be held tonight with the fifth and sixth celebrating the Borough’s Centennial Anniver- graders serving a meal of bread, soup, and Wednesday, May 3, 2006 sary. water so that people gain a better under- Mr. HOLT. Mr. Speaker, I rise today to Mendham Borough, a country village some standing of what a real soup kitchen is like. honor the students of East Brunswick High 6 miles square, was once a stop for I want to take this opportunity to honor School for winning the national finals of the stagecoaches traveling on the old Washington these students for the efforts that they have 2006 We the People: The Citizen and the Turnpike. The area is hilly, well wooded and made on behalf of the hungry of Oregon. With Constitution program. Their unwavering com- its springs and small brooks are feeders for students like these, the future in Oregon is mitment to mastering of our nation’s most sa- the Passaic and Raritan rivers. bright indeed. cred document is truly laudable. The Borough of Mendham was created out The students from East Brunswick traveled of an urgent need to install a public water dis- f a long road before claiming national victory. tribution system to fight fires and protect the RECOGNIZING THE 58TH ANNIVER- They developed their knowledge of a wide lives and the property of its citizens. This it SARY OF THE INDEPENDENCE OF range of topics, from the philosophical origins has done for 100 years, since its establish- ISRAEL of the Constitution to its modern-day interpre- ment as an incorporated municipality on May tations. They spent long hours studying pri- 15, 1906. Before incorporation, it was part of SPEECH OF mary and secondary sources. On April 29 Mendham Township. The borough’s village HON. DANNY K. DAVIS through May 1, they appeared on Capitol Hill center (largely unchanged from the 1800s) OF ILLINOIS before simulated Congressional committees serves as the hub of commercial activity for IN THE HOUSE OF REPRESENTATIVES made up of constitutional scholars, lawyers, the Mendhams. journalists, and government leaders, who test- Mendham Borough is the site of five Historic Tuesday, May 2, 2006 ed their knowledge of both historical and con- American Buildings and a registered National Mr. DAVIS of Illinois. Mr. Speaker, I rise temporary constitutional issues. Historic District. The leading landmark building today in strong support of H. Con Res. 392, As the foundation upon which our great de- and the borough’s icon is the classic Fed- recognizing the 58th anniversary of the inde- mocracy rests, the Constitution is a document eralist style Phoenix House, a former genteel pendence of the State of Israel.

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.096 E03MYPT1 ccoleman on PROD1PC71 with REMARKS May 3, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E715 The State of Israel was established as a ing free and fair elections, promoting the free ship and respect. Both the United States and sovereign and independent nation on May 14, exchange of ideas, and vigorously exercising Israel are committed to a democratic and sta- 1948. Israel provided a democratic refuge to its Parliament, the Knesset. Israel is a demo- ble Mid-East region. Jews who survived the horrors of the Holo- cratic government that is fully representative of caust and the evils committed by the Nazis. its citizens and has worked to build peaceful Today we honor Israel’s legacy and, by Israel is home to many religious sites which and bilateral relations with her neighbors, in- doing so, commit ourselves once again to are sacred to Judaism, Christianity, and Islam. cluding Egypt and Jordan. building a lasting peace in this still volatile re- This multicultural society serves as a shining The United States and Israel both share a gion. model of democratic values by regularly hold- common vision of democratic values, friend-

VerDate Aug 31 2005 06:13 May 04, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.101 E03MYPT1 ccoleman on PROD1PC71 with REMARKS E716 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2006 SENATE COMMITTEE MEETINGS 2 p.m. Tahoe National Forest in the State of Judiciary California. Title IV of Senate Resolution 4, To hold hearings to examine an introduc- SD–366 agreed to by the Senate on February 4, tion to the expiring provisions of the 1977, calls for establishment of a sys- Voting Rights Act and legal issues re- MAY 11 lating to reauthorization. tem for a computerized schedule of all 10 a.m. SD–226 meetings and hearings of Senate com- Veterans’ Affairs 2:30 p.m. To hold hearings to examine pending mittees, subcommittees, joint commit- Commerce, Science, and Transportation tees, and committees of conference. Aviation Subcommittee health care related legislation. This title requires all such committees To hold hearings to examine Department SR–418 to notify the Office of the Senate Daily of Transportation’s notice of proposed 10:30 a.m. Digest—designated by the Rules Com- rulemaking. Agriculture, Nutrition, and Forestry mittee—of the time, place, and purpose SD–562 To hold hearings to examine Department of the meetings, when scheduled, and 4 p.m. of Agriculture’s national response plan to detect and control the potential any cancellations or changes in the Judiciary To hold hearings to examine judicial spread of Avian Influenza into the meetings as they occur. nominations. United States. As an additional procedure along SD–226 SR–328A with the computerization of this infor- mation, the Office of the Senate Daily MAY 10 MAY 16 Digest will prepare this information for 9:30 a.m. 10 a.m. printing in the Extensions of Remarks Indian Affairs Commerce, Science, and Transportation To hold an oversight hearing to examine section of the CONGRESSIONAL RECORD To hold hearings to examine Transpor- economic development. tation Worker Identification Creden- on Monday and Wednesday of each SR–485 week. tial. Judiciary SD–562 To hold hearings to examine modern en- Meetings scheduled for Thursday, Health, Education, Labor, and Pensions forcement of the Voting Rights Act. May 4, 2006 may be found in the Daily Retirement Security and Aging Sub- SD–226 Digest of today’s RECORD. committee 10 a.m. Agriculture, Nutrition, and Forestry To hold hearings to examine naturally MEETINGS SCHEDULED To hold hearings to examine the imple- occurring retirement communities. mentation of the sugar provisions of SD–430 MAY 5 the Farm Security and Rural Invest- ment Act of 2002. MAY 17 9:30 a.m. SR–328A 9:30 a.m. Armed Services Finance Closed business meeting to markup the Indian Affairs To hold hearings to examine progress proposed National Defense Authoriza- To hold an oversight hearing to examine achieved and challenges ahead for tion Act for fiscal year 2007. Indian youth suicide. America’s child welfare system. SR–222 SR–485 SD–215 10 a.m. Foreign Relations MAY 8 Health, Education, Labor, and Pensions To hold hearings to examine the nomina- Business meeting to consider pending 3 p.m. tions of Earl Anthony Wayne, of Mary- calendar business. Energy and Natural Resources land, to be Ambassador to Argentina, SD–430 To hold hearings to examine issues asso- David M. Robinson, of Connecticut, to Commerce, Science, and Transportation ciated with the implementation of the be Ambassador to the Co-operative Re- provisions of the Energy Policy Act of public of Guyana, and Lisa Bobbie Technology, Innovation, and Competitive- 2005 addressing licensing of hydro- Schreiber Hughes, of Pennsylvania, to ness Subcommittee electric facilities. be Ambassador to the Republic of To hold hearings to examine accelerating SD–366 Suriname. the adoption of health information 3:30 p.m. SD–419 technology. Homeland Security and Governmental Af- Joint Economic Committee Room to be announced fairs To hold hearings to examine the next To hold hearings to examine the nomina- generation of health information tools MAY 18 tion of David L. Norquist, of Virginia, for consumers. 10 a.m. to be Chief Financial Officer, Depart- SD–106 Commerce, Science, and Transportation ment of Homeland Security. 11:30 a.m. To hold hearings to examine S. 2686, to SD–342 Energy and Natural Resources amend the Communications Act of 1934 Business meeting to consider the nomi- and for other purposes. MAY 9 nation of Dirk Kempthorne, of Idaho, Room to be announced 9:30 a.m. to be Secretary of the Interior. Environment and Public Works SD–366 MAY 23 To hold hearings to examine inherently 2:30 p.m. safer technology in the context of Energy and Natural Resources 10 a.m. chemical site security. Public Lands and Forests Subcommittee Commerce, Science, and Transportation SD–628 To hold hearings to examine S. 906, to To hold hearings to examine price Judiciary promote wildland firefighter safety, S. gouging related to gas prices. To hold hearings to examine under- 2003, to make permanent the authoriza- SD–562 standing the financial and human im- tion for watershed restoration and en- pact of criminal activity. hancement agreements, H.R. 585, to re- MAY 24 SD–226 quire Federal land managers to sup- 10:30 a.m. 10 a.m. port, and to communicate, coordinate, Appropriations Health, Education, Labor, and Pensions and cooperate with, designated gate- Legislative Branch Subcommittee Employment and Workplace Safety Sub- way communities, to improve the abil- To resume hearings to examine the committee ity of gateway communities to partici- progress of construction on the Capitol To hold hearings to examine proposed re- pate in Federal land management plan- form of Longshore Harbor Workers’ ning conducted by the Forest Service Visitor Center. Compensation Act. and agencies of the Department of the SD–138 SD–430 Interior, and to respond to the impacts 2:30 p.m. Commerce, Science, and Transportation of the public use of the Federal lands Commerce, Science, and Transportation Surface Transportation and Merchant Ma- administered by these agencies, and Disaster Prevention and Prediction Sub- rine Subcommittee H.R. 3981, to authorize the Secretary of committee To hold hearings to examine CAFE Agriculture to carry out certain land To hold hearings to examine 2006 hurri- standards. exchanges involving small parcels of cane forecast and at-risk cities. SD–562 National Forest System land in the SD–562

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HIGHLIGHTS House Committee ordered reported the National Defense Authorization Act for Fiscal Year 2007. Senate Adopted: Chamber Action Menendez Modified Amendment No. 3777, to Routine Proceedings, pages S3933–S3995 fund a United Nations Peacekeeping force in Darfur Measures Introduced: Ten bills and four resolu- and to address the shortfall in the United States tions were introduced, as follows: S. 22–23, Contributions to the United Nations for inter- 2701–2708, S. Res. 462–464, and S. Con. Res. 93. national peacekeeping missions in 13 countries. Pages S3939–40 Pages S3984–85 Cochran (for McConnell) Modified Amendment Measures Reported: No. 3612, to provide a national security interest S. 1773, to resolve certain Native American waiver on prohibitions on assistance for the Office of claims in New Mexico, with amendments. (S. Rept. the President of the Palestinian Authority. No. 109–252) Page S3984 Page S3940 Measures Passed: Cochran (for Biden) Modified Amendment No. 3719, to provide that not less than $250,000 of the Israel’s 58th Independence Anniversary: Senate amount appropriated for Diplomatic and Consular agreed to S. Res. 463, recognizing the 58th Anniver- Programs assistance shall be made available for the sary of the Independence of the State of Israel. establishment and support of an office of a special Pages S3993–94 envoy for Sudan. Page S3940 National Hunger Awareness Day: Senate agreed Cochran (for Leahy) Amendment No. 3823, to to S. Res. 464, designating June 7, 2006, as ‘‘Na- provide urgent assistance to support the demobiliza- tional Hunger Awareness Day’’ and authorizing the tion process in Colombia. Pages S3940–41 Senate offices of Senators Gordon H. Smith, Blanche Cochran (for Kennedy) Amendment No. 3798, to L. Lincoln, Elizabeth Dole, and Richard J. Durbin to honor Eli Segal’s contribution to AmeriCorps by collect donations of food during the period begin- providing that the national service educational ning May 8, 2006, and ending June 7, 2006, from awards provided, from available resources, to concerned Members of Congress and staff to assist AmeriCorps members on completion of their terms families suffering from hunger and food insecurity in of service shall be known as ‘‘Segal awards.’’ the Washington, D.C., metropolitan area. Page S3994 Page S3941 Cochran (for Lieberman) Amendment No. 3746, Honoring Murdered Victims in Mexico: Senate to make a technical amendment. Page S3941 agreed to H. Con. Res. 90, conveying the sympathy Cornyn Amendment No. 3699, to establish a floor of Congress to the families of the young women to ensure that States that contain areas that were ad- murdered in the State of Chihuahua, Mexico, and versely affected as a result of damage from the 2005 encouraging increased United States involvement in hurricane season receive at least 3.5 percent of funds bringing an end to these crimes. Page S3995 set aside for the CDBG program. Pages S3938, S3941 Emergency Supplemental Appropriations: Senate Burr Modified Amendment No. 3713, to allocate continued consideration of H.R. 4939, making funds to the Smithsonian Institution for research on emergency supplemental appropriations for the fiscal avian influenza. Pages S3937, S3945 year ending September 30, 2006, taking action on Cochran (for Kennedy) Modified Amendment No. the following amendments proposed thereto: 3686, to provide funds to support democracy assist- Pages S3937–73 ance programs in Iraq that promote the long term D424

VerDate Aug 31 2005 06:15 May 04, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY6.REC D03MYPT1 ccoleman on PROD1PC71 with DIGEST May 3, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D425 development of civil society, political parties, elec- McCain/Ensign Amendment No. 3618, to strike tion processes, the rule of law, reconciliation activi- $15 million for a seafood promotion strategy that ties, and parliament in that country. Pages S3945–48 was not included in the Administration’s emergency By 53 yeas to 46 nays (Vote No. 107), Murray supplemental request. Pages S3937, S3952 (for Kennedy) Modified Amendment No. 3688, to McCain/Ensign Amendment No. 3619, to strike provide funding to compensate individuals harmed the limitation on the use of funds for the issuance by pandemic influenza vaccine. or implementation of certain rulemaking decisions Pages S3937, S3942–43, S3948 related to the interpretation of ‘‘actual control’’ of Biden Amendment No. 3855 (to Amendment No. airlines. Pages S3937, S3952 3717), to provide that no funds made available by Murray (for Harkin) Amendment No. 3714, to in- title I of this Act may be made available to establish crease by $8,500,000 the amount appropriated for permanent United States military bases in Iraq or to Economic Support Fund assistance, to provide that exercise control by the United States over the oil in- such funds shall be made available to the United frastructure or oil resources of Iraq. States Institute of Peace for programs in Iraq and Pages S3949, S3952 Afghanistan, and to provide an offset. Biden Amendment No. 3717, to provide that Pages S3937, S3952 none of the funds made available by title I of this Murray (for Kennedy) Amendment No. 3716, to Act may be made available to establish permanent provide funds to promote democracy in Iraq. military bases in Iraq or to exercise control over the Pages S3937, S3952 oil infrastructure or oil resources of Iraq. Pending: Pages S3948–49, S3952 Thune Amendment No. 3704, to provide, with an Cochran (for Lott) Amendment No. 3605, to des- offset, $20,000,000 for the Department of Veterans ignate the Navy, acting through the Naval Facilities Affairs for Medical Facilities. Engineering Command, as the agent for all matters relating to the construction of a new Armed Forces Vitter/Landrieu Modified Amendment No. 3728, Retirement Home in Gulfport, Mississippi. to provide for flood prevention in the State of Lou- isiana, with an offset. Pages S4955–57 Page S3963 Cochran (for Leahy) Modified Amendment No. During consideration of this measure today, Senate 3657, to address a shortfall in funding for inter- also took the following action: national disaster and famine assistance and for hurri- Chair sustained a point of order under rule XXII, cane relief. Pages S3963–64 that the following amendments were not germane, By 51 yeas to 45 nays (Vote No. 110), Inouye and the amendments thus fell: Amendment No. 3601, to provide assistance relating Warner Amendment No. 3620, to repeal the re- to assessments and monitoring of waters in the State quirement for 12 operational aircraft carriers within of Hawaii. Pages S3966–68 the Navy. Pages S3937, S3969 Rejected: Vitter Modified Amendment No. 3628, to base By 37 yeas to 61 nays (Vote No. 108), McCain/ the allocation of hurricane disaster relief and recovery Ensign Amendment No. 3616, to strike a provision funds to States on need and physical damages. that provides $74.5 million to states based on their Pages S3937, S3969 production of certain types of crops, livestock and or Wyden Amendment No. 3665, to prohibit the dairy products, which was not included in the Ad- use of funds to provide royalty relief for the produc- ministration’s emergency supplemental request. tion of oil and natural gas. Pages S3937, S3969 Pages S3937, S3953–55, S3964 Santorum Modified Amendment No. 3640, to in- By 43 yeas to 53 nays (Vote No. 109), Inouye crease by $12,500,000 the amount appropriated for Amendment No. 3673, to increase funds made avail- the Broadcasting Board of Governors, to increase by able for assessments of critical reservoirs and dams in $12,500,000 the amount appropriated for the De- the State of Hawaii. Pages S3966–67 partment of State for the Democracy Fund, to pro- Withdrawn: vide that such funds shall be made available for de- Coburn Amendment No. 3641 (Division XIX), mocracy programs and activities in Iran, and to pro- relative to the construction of the Sacramento River- vide an offset. Pages S3937, S3969 bank Protection Project in California. Salazar/Baucus Amendment No. 3645, to provide Pages S3937, S3938 funding for critical hazardous fuels and forest health Coburn Amendment No. 3817, to strike a provi- projects to reduce the risk of catastrophic fires and sion relating to the Office of Job Corps, Department mitigate the effects of widespread insect infestations. of Labor. Pages S3938–39 Pages S3937, S3969

VerDate Aug 31 2005 06:15 May 04, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY6.REC D03MYPT1 ccoleman on PROD1PC71 with DIGEST D426 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2006 Vitter Amendment No. 3668, to provide for the Landrieu Amendment No. 3750, to direct the treatment of a certain Corps of Engineers project. Secretary of the Army to develop a comprehensive Pages S3937, S3969 plan for the deauthorization of deep draft navigation Coburn (for Obama/Coburn) Amendment No. on the Mississippi River Gulf Outlet and address 3693, to reduce wasteful spending by limiting to the wetland losses and other issues relating to that Out- reasonable industry standard the spending for admin- let. Pages S3943–44, S3969 istrative overhead allowable under Federal contracts Landrieu Amendment No. 3752, to direct the and subcontracts. Pages S3937, S3969 Secretary of Commerce to provide a grant to the Coburn (for Obama/Coburn) Amendment No. Port of New Orleans to mitigate increased costs re- 3694, to improve accountability for competitive con- sulting from the loss of deep draft navigation access tracting in hurricane recovery by requiring the Di- to certain facilities at the Port in the aftermath of rector of the Office of Management and Budget to Hurricane Katrina. Pages S3944–45, S3969 approve contracts awarded without competitive pro- A unanimous-consent agreement was reached pro- cedures. Pages S3937, S3969 viding that when the Senate resumes consideration of Coburn (for Obama/Coburn) Amendment No. the bill on Thursday, May 4, 2006, Senate proceed 3695, to improve financial transparency in hurricane to consider votes on or in relation to Thune Amend- recovery by requiring the Director of the Office of ment No. 3704 and Vitter Amendment No. 3728, Management and Budget to make information about as modified (both listed above), provided further, Federal contracts publicly available. that the bill then be read a third time and the Sen- Pages S3937, S3969 ate proceed to a vote on final passage; that following Coburn (for Obama/Coburn) Amendment No. passage, Senate insist on its amendment, request a 3697, to improve transparency and accountability by conference with the House thereon, and the Chair be establishing a Chief Financial Officer to oversee hur- authorized to appoint conferees on the part of the ricane relief and recovery efforts. Pages S3937, S3969 Senate. Page S3969 Menendez Amendment No. 3675, to provide ad- A unanimous-consent-time agreement was reached ditional appropriations for research, development, ac- providing for further consideration of the bill at ap- quisition, and operations by the Domestic Nuclear proximately 10:30 a.m., on Thursday, May 4, 2006. Detection Office, for the purchase of container in- Page S3995 spection equipment for developing countries, for the Nominations Received: Senate received the fol- implementation of the Transportation Worker Iden- lowing nominations: tification Credential program, and for the training of Mark Myers, of Alaska, to be Director of the Customs and Border Protection officials on the use United States Geological Survey. of new technologies. Pages S3937, S3969 Susan C. Schwab, of Maryland, to be United Conrad/Clinton Amendment No. 3715, to offset States Trade Representative, with the rank of Am- the costs of defense spending in the supplemental bassador. appropriation. Pages S3937, S3969 1 Air Force nomination in the rank of general. Levin Amendment No. 3710, to require reports 1 Army nomination in the rank of general. on policy and political developments in Iraq. 3 Coast Guard nominations in the rank of admi- Pages S3937, S3969 ral. Schumer/Reid Amendment No. 3723, to appro- A routine list in the Coast Guard. Page S3995 priate funds to address price-gouging and market manipulation and to provide for a report on oil in- Nominations Withdrawn: Senate received notifica- tion of withdrawal of the following nomination: dustry mergers. Pages S3937, S3969 Schumer Amendment No. 3724, to improve mari- A routine list in the Coast Guard. Page S3995 time container security. Pages S3937, S3969 Messages From the House: Page S3982 Cornyn Amendment No. 3722, to provide for im- Measures Referred: Page S3982 migration injunction reform. Pages S3937, S3969 Measures Placed on Calendar: Page S3982 Cornyn Amendment No. 3672, to require that the Secretary of Labor give priority for national emer- Measures Read First Time: Page S3982 gency grants to States that assist individuals dis- Executive Communications: Pages S3983–84 placed by Hurricanes Katrina or Rita. Additional Cosponsors: Pages S3985–86 Pages S3938, S3969 Murray (for Byrd) Amendment No. 3708, to pro- Statements on Introduced Bills/Resolutions: vide additional amounts for emergency management Pages S3986–92 performance grants. Pages S3938, S3969 Additional Statements: Pages S3981–82

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Notices of Hearings/Meetings: Pages S3992–93 APPROPRIATIONS: OFFICE OF Authorities for Committees to Meet: Page S3993 COMPLIANCE/GPO/CBO Record Votes: Four record votes were taken today. Committee on Appropriations: Subcommittee on Legisla- (Total—110) Pages S3948, S3964, S3967, S3968 tive Branch concluded a hearing to examine pro- posed budget estimates for fiscal year 2007 for the Adjournment: Senate convened at 9:30 a.m., and Office of Compliance, Government Printing Office adjourned at 7:50 p.m., until 9:30 a.m., on Thurs- and Congressional Budget Office, after receiving tes- day, May 4, 2006. (For Senate’s program, see the re- timony from Susan S. Robfogel, Chair, Tamara E. marks of the Majority Leader in today’s Record on Chrisler, Acting Executive Director, and Peter page S3995.) Eveleth, General Counsel, all of the Office of Com- pliance; Bruce R. James, Public Printer of the United States, Government Printing Office; and Committee Meetings Donald B. Marron, Acting Director, Congressional (Committees not listed did not meet) Budget Office. APPROPRIATIONS: DEPARTMENT OF APPROPRIATIONS: DEPARTMENT OF COMMERCE HEALTH AND HUMAN SERVICES Committee on Appropriations: Subcommittee on Com- Committee on Appropriations: Subcommittee on Labor, merce, Justice, Science, and Related Agencies con- Health and Human Services, Education, and Related cluded a hearing to examine proposed budget esti- Agencies concluded a hearing to examine proposed mates for fiscal year 2007 for Department of Com- budget estimates for fiscal year 2007 for the Depart- merce, after receiving testimony from Carlos M. ment of Health and Human Services, after receiving Gutierrez, Secretary of Commerce. testimony from Michael O. Leavitt, Secretary of Health and Human Services. AUTHORIZATION—DEFENSE Committee on Armed Services: Subcommittee on APPROPRIATIONS: DEFENSE MEDICAL Seapower met in closed session and approved for full HEALTH PROGRAM committee consideration, those provisions which fall Committee on Appropriations: Subcommittee on Defense within the jurisdiction of the subcommittee, of the concluded a hearing to examine proposed budget es- proposed National Defense Authorization Act for fis- timates for fiscal year 2007 for the Defense Medical cal year 2007. Health Program, after receiving testimony from Lieutenant General Kevin C. Kiley, Surgeon Gen- AUTHORIZATION—DEFENSE eral, and Major General Gale S. Pollock, Chief, Committee on Armed Services: Subcommittee on Airland Nurse Corps, both of the U.S. Army; Vice Admiral met in closed session and approved for full com- Donald C. Arthur, Surgeon General, and Rear Admi- mittee consideration, those provisions which fall ral Christine M. Bruzek-Kohler, Director, Nurse within the jurisdiction of the subcommittee, of the Corps, both of the U.S. Navy; and Lieutenant Gen- proposed National Defense Authorization Act for fis- eral George Peach Taylor, Jr., Surgeon General, and cal year 2007. Major General Melissa A. Rank, Assistant Surgeon General for Nursing Services, both of the Air Force. AUTHORIZATION—DEFENSE Committee on Armed Services: Subcommittee on Stra- MARRIAGE PENALTY tegic Forces met in closed session and approved for Committee on Appropriations: Subcommittee on the full committee consideration, those provisions which District of Columbia concluded a hearing to examine fall within the jurisdiction of the subcommittee, of ways to eliminate penalties for marriage for low in- the proposed National Defense Authorization Act for come families, focusing on the Healthy Marriage Ini- fiscal year 2007. tiative, after receiving testimony from Wade F. Horn, Assistant Secretary of Health and Human AUTHORIZATION—DEFENSE Services for Children and Families; Kate Jesberg, Committee on Armed Services: Committee met in closed District of Columbia Department of Human Serv- session to mark up proposed legislation authorizing ices, and C. Eugene Steuerle, Urban Institute, Ron appropriations for fiscal year 2007 for military ac- Haskins, Brookings Institution, Curtis Watkins, East tivities of the Department of Defense, but did not Capitol Center for Change, and Winston and complete action thereon, and will meet again on to- Saundra Graham, all of Washington, D.C. morrow.

VerDate Aug 31 2005 06:15 May 04, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY6.REC D03MYPT1 ccoleman on PROD1PC71 with DIGEST D428 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2006 POOL SAFETY of Algeria, after the nominees testified and answered Committee on Commerce, Science, and Transportation: Sub- questions in their own behalf. committee on Consumer Affairs, Product Safety, and BUSINESS MEETING Insurance concluded a hearing to examine pool safety Select Committee on Intelligence: Committee met in issues, after receiving testimony from Jacqueline closed session to consider pending intelligence mat- Elder, Assistant Executive Director for Hazard Iden- ters. tification and Reduction, U.S. Consumer Product Committee recessed subject to the call. Safety Commission; Mark Laven, Latham Inter- national, Alexandria, Virginia, on behalf of the Asso- SOCIAL SERVICES FOR OLDER AMERICANS ciation of Pool and Spa Professionals; Alan Korn, Special Committee on Aging: Committee concluded a Safe Kids Worldwide, Washington, D.C.; and Nancy hearing to examine innovation in the aging network Baker, McLean, Virginia. regarding the future of social services for older Americans, focusing on ensuring that America’s NOMINATIONS communities are prepared to meet the needs of to- Committee on Foreign Relations: Committee concluded day’s and tomorrow’s older adults, after receiving a hearing to examine the nominations of Robert F. testimony from Neal E. Lane, New York State Office for the Aging, Albany; Pamela B. Smith, San Diego Godec, of Virginia, to be Ambassador to the Repub- County Aging and Independence Services, San lic of Tunisia, and Robert S. Ford, of Maryland, to Diego, California; and Gayla S. Woody, Centralina be Ambassador to the People’s Democratic Republic Area Agency on Aging, Charlotte, North Carolina. h House of Representatives Authorizing the use of the Capitol Grounds for Chamber Action the District of Columbia Special Olympics Law Public Bills and Resolutions Introduced: 10 pub- Enforcement Torch Run: H. Con. Res. 359, to au- lic bills, H.R. 5278–5287; and 4 resolutions, H. thorize the use of the Capitol Grounds for the Dis- Con. Res. 398–399; and H. Res. 794–795, were in- trict of Columbia Special Olympics Law Enforcement troduced. Pages H2101–02 Torch Run, by a yea-and-nay vote of 417 yeas with Additional Cosponsors: Pages H2102–03 none voting ‘‘nay’’, Roll No. 114; Reports Filed: There were no reports filed today. Pages H1992, H2030–31 Providing for the conditional conveyance of any Speaker: Read a letter from the Speaker wherein he interest retained by the United States in St. Joseph appointed Representative Bonner to act as Speaker Memorial Hall in St. Joseph, Michigan: H.R. pro tempore for today. Page H1983 4700, to provide for the conditional conveyance of Chaplain: The prayer was offered by the guest any interest retained by the United States in St. Jo- Chaplain, Rev. Frank M. Deerey, Jr., Senior Pastor, seph Memorial Hall in St. Joseph, Michigan; First Baptist Church, LaBelle, Florida. Page H1983 Pages H1992–93 Suspensions: The House agreed to suspend the rules Prohibiting price gouging in the sale of gasoline, and pass the following measures: diesel fuel, crude oil, and home heating oil: H.R. Congratulating charter schools and their stu- 5253, to prohibit price gouging in the sale of gaso- dents, parents, teachers, and administrators across line, diesel fuel, crude oil, and home heating oil, by the United States for their ongoing contributions to a yea-and-nay vote of 389 yeas to 34 nays, Roll No. education: H. Res. 781, to congratulate charter 115; Pages H1993–99, H2031 schools and their students, parents, teachers, and ad- Expressing the need for enhanced public aware- ministrators across the United States for their ongo- ness of traumatic brain injury and support for the ing contributions to education, by a yea-and-nay designation of a National Brain Injury Awareness vote of 417 yeas to 1 nay and 3 voting ‘‘present’’, Month: H. Con. Res. 99, to express the need for en- Roll No. 120; Pages H1988–92, H2057–58 hanced public awareness of traumatic brain injury

VerDate Aug 31 2005 06:15 May 04, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY6.REC D03MYPT1 ccoleman on PROD1PC71 with DIGEST May 3, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D429 and support for the designation of a National Brain official travel unless the Committee on Standards of Injury Awareness Month; and Pages H2007–09 Official Conduct issues a certification that the gift of Supporting the goals and ideals of National travel complies with all House rules and standards Nurses Week: H. Res. 245, amended, to support the of conduct. The Committee is not permitted to issue goals and ideals of National Nurses Week. that certification until it reports its recommenda- Pages H2009–11 tions on changes to rule XXV to the Committee on Rules, which must occur no later than June 15, Suspension—Failed: The House failed to agree to 2006. The Committee is permitted to issue the cer- suspend the rules and pass the following measure: tification before June 15 if 2/3 of the committee Refinery Permit Process Schedule Act: H.R. vote to do so. The Standards Committee must review 5254, to set schedules for the consideration of per- public records on privately funded travel, and con- mits for refineries, by a 2⁄3 yea-and-nay vote of 237 sider those items in the base bill. Section 302 is yeas to 188 nays, Roll No. 116. modified to direct the Committee on Standards to Pages H1999–S2007, H2031–32 report to the Committee on Rules on recommended Lobbying Accountability and Transparency Act changes to rule XXV with respect to gifts, and con- of 2006: The House passed H.R. 4975, to provide sider factors similar to those in the base bill; greater transparency with respect to lobbying activi- Pages H2038–39 ties, by a yea-and-nay vote of 217 yeas to 213 nays, Sodrel amendment (No. 4 printed in Part B of H. Roll No. 119. Pages H2011–30, H2032–57 Rpt. 109–441) amends Sec. 502 to add a voluntary Rejected the Slaughter motion to recommit the ethics training program for Members within 100 bill to the Committee on Rules with instructions to days of being sworn into Congress. The status of the report the same back to the House forthwith with Members completing and not completing the course an amendment, by a yea-and-nay vote of 213 yeas to within the time frame will be posted on the website 216 nays, Roll No. 118, after ordering the previous for the House Committee on Standards of Official question. Pages H2046–56 Conduct and in the Congressional Record; Pursuant to the rule, in lieu of the amendments Pages H2039–40 recommended by the Committees on the Judiciary, Gingrey amendment (No. 6 printed in Part B of Rules, and Government Reform now printed in the H. Rpt. 109–441) extends the prohibition on con- bill, the amendment in the nature of a substitute verting campaign dollars for personal use currently consisting of the text of the Rules Committee Print applicable to campaign committees to Leadership dated April 21, 2006, modified by the amendment PACs. Leadership PAC is defined as a political com- printed in part A of this report, shall be considered mittee which is directly or indirectly established, as adopted in the House and in the Committee of maintained, or controlled by a candidate for Federal the Whole. The rule provides that the bill, as office or an individual holding Federal office; amended, shall be considered as an original bill for Pages H2040–42 purpose of further amendment and shall be consid- Castle amendment (No. 8 printed in Part B of H. ered as read. Further, the rules makes in order only Rpt. 109–441) requires that all registered lobbyists those amendments printed in part B of this report. complete a mandatory 8-hours of ethics training each Page H2032 Congress. Ethics training would include the code of Also pursuant to section 2 of H. Res. 783, the conduct and disclosure requirements applicable to text of H.R. 513, as passed by the House, electing Members, officers, and employees of the House, in- a certain Member to a certain standing committee of cluding rules relating to acceptance of gifts (includ- the House of Representatives, will be appended to ing travel and meals), and financial disclosure re- the engrossment of the bill. Page H2057 quirements under the Ethics in Government Act of Agreed to: 1978. Any registered lobbyist failing to complete Castle amendment (No. 2 printed in Part B of H. ethics training each Congress would be subject to Rpt. 109–441) strikes the current section 106 and penalties; and Pages H2042–44 inserts an ascending civil penalty structure for each Flake amendment (No. 9 printed in Part B of H. subsequent offense. For example, for a second offense Rpt. 109–441) clarifies the application of criminal the offender could be subject to a fine of not more bribery and illegal gratuities statutes with regard to than $250,000. Also adds ‘‘corruptly and with intent earmarks. Specifically, it prohibits a person from di- to evade the law’’ to the intent element of the civil rectly or indirectly, corruptly giving, offering, or penalty; Pages H2037–38 promising anything of value to any public official Lungren, Dan of California amendment (No. 3 with the intent to influence any official act relating printed in Part B of H. Rpt. 109–441) modifies sec- to an earmark. Also prohibits a public official from tion 301 to place a moratorium on privately-funded corruptly demanding, seeking, receiving, accepting,

VerDate Aug 31 2005 06:15 May 04, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY6.REC D03MYPT1 ccoleman on PROD1PC71 with DIGEST D430 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2006 or agreeing to receive or accept anything of value in Quorum Calls Votes: Ten yea-and-nay votes and return for influence in the performance of an official one recorded vote developed during the proceedings act relating to an earmark. Pages H2044–45 of today and appear on pages H2030, H2031, Rejected: H2031–32, H2045–46, H2056, H2056–57, Gohmert (No. 1 printed in Part B of H. Rpt. H2057–58, H2076–77, H2077, H2078, and 109–441) which sought to strike the current section H2078–79. There were no quorum calls. 106 and insert an ascending civil penalty structure Adjournment: The House met at 10 a.m., and ad- for each subsequent offense. For example, for a sec- journed at 11:59 p.m. ond offense the offender could be subject to a fine of not more than $250,000. Also adds ‘‘corruptly and with intent to evade the law’’ to the intent ele- Committee Meetings ment of the civil penalty (by a recorded vote of 108 ayes to 320 noes, Roll No. 117). AGRICULTURE, RURAL DEVELOPMENT, FDA, AND RELATED AGENCIES Pages H2036–37, H2045–46 APPROPRIATIONS Agreed that the Clerk be authorized to correct section numbers, spelling, punctuation, and cross- Committee on Appropriations: Subcommittee on Agri- references, and to make such other technical and culture, Rural Development, Food and Drug Admin- conforming changes to reflect the actions of the istration, and Related Agencies approved for full House. Page H2058 Committee action the Agriculture, Rural Develop- H. Res. 783, the rule providing for consideration ment, Food and Drug Administration, and Related of the bill was agreed to on Thursday, April 27, Agencies Appropriations for Fiscal Year 2007. 2006, by a yea-and-nay vote of 216 yeas to 207 SCIENCE, THE DEPARTMENTS OF STATE, nays, Roll No. 110. JUSTICE, AND COMMERCE, AND RELATED SAFE Port Act—Rule for Consideration: The AGENCIES APPROPRIATIONS House agreed to H. Res. 789, the rule providing for Committee on Appropriations: Subcommittee on Science, consideration of H.R. 4954, to improve maritime The Departments of State, Justice, and Commerce, and cargo security through enhanced layered de- and Related Agencies held a hearing on State De- fenses, by a yea-and-nay vote of 230 yeas to 196 partment, Public Diplomacy. Testimony was heard nays, Roll No. 124, after ordering the previous ques- from Karen Hughes, Under Secretary, Public Diplo- tion by a yea-and-nay vote of 226 yeas to 200 nays, macy and Public Affairs, Department of State; and Roll No. 123. Pages H2058–66, H2078–79 Jess Ford, Director, International Affairs and Trade, Tax Relief Act of 2005—Motion to Instruct Con- GAO. ferees: The House rejected the Larson of Con- necticut motion to instruct conferees on H.R. 4297, NATIONAL DEFENSE AUTHORIZATION to provide for reconciliation pursuant to section ACT FOR FISCAL YEAR 2007 201(b) of the concurrent resolution on the budget Committee on Armed Services: Ordered reported, as for fiscal year 2006, by a yea-and-nay vote of 197 amended, H.R. 5122, National Defense Authoriza- yeas to 224 nays, Roll No. 121. tion Act for Fiscal Year 2007. Pages H2066–71, H2076–77 BUILDING AMERICAN COMPETITIVENESS Pension Security and Transparency Act of 2005—Motion to Instruct Conferees: The House Committee on Education and the Workforce: Held a hear- agreed to the George Miller of California motion to ing entitled ‘‘Building American Competitiveness: instruct conferees on H.R. 2830, to amend the Em- Examining the Scope and Success of Existing Federal ployee Retirement Income Security Act of 1974 and Math and Science Programs.’’ Testimony was heard the Internal Revenue Code of 1986 to reform the from Tom Luce, Assistant Secretary, Office of Plan- pension funding rules, by a yea-and-nay vote of 299 ning, Evaluation and Policy Development, Depart- yeas to 125 nays, Roll No. 122. ment of Education; Cornelia Ashby, Director, Edu- cation, Workforce, and Income Security, GAO; and Pages H2071–76, H2077 a public witness. Senate Message: Message received from the Senate today appears on page H2077. PASSENGER CAR FUEL ECONOMY Senate Referrals: S. 1003 was referred to the Com- STANDARDS mittee on Resources; S. Con. Res. 91 was referred to Committee on Energy and Commerce: Held a hearing on the Committee on Government Reform. Page H2099 a measure to authorize the National Highway Traffic

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Safety Administration to set passenger car fuel econ- agement and Maine Life Enhancement Act; and omy standards. Testimony was heard from Rep- H.R. 1431, Fisheries Science and Management En- resentative Boehlert; Norman Y. Mineta, Secretary of hancement Act of 2005. Testimony was heard from Transportation; and public witnesses. William T. Hogarth, Director, National Marine DIGITAL CONTENT AND TECHNOLOGY Fisheries Service, NOAA, Department of Commerce; and public witnesses. Committee on Energy and Commerce: Subcommittee on Commerce, Trade, and Consumer Protection contin- FOREST MANAGEMENT AND ELECTRICITY ued hearings entitled ‘‘Digital Content and Enabling SERVICE Technology: Satisfying the 21st Century Consumer.’’ Committee on Resources: Subcommittee on Water and Testimony was heard from public witnesses. Power and the Subcommittee on Forests and Forest INTERNET CHILD PREDATORS Health held a joint oversight hearing on the Need for Proper Forest Management on Federal Rights of Committee on Energy and Commerce: Subcommittee on Way To Ensure Reliable Electricity Service. Testi- Oversight and Investigations continued hearings en- mony was heard from Joel Holtrop, Deputy Chief, titled ‘‘Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need To National Forest System, Forest Service, USDA; and Know About Child Predators.’’ Testimony was heard public witnesses. from the following officials of the Department of H–PRIZE ACT OF 2006; NSF/SCIENCE AND Justice: Alice S. Fisher, Assistant Attorney General, MATH EDUCATION Criminal Division; Raul Roldan, Section Chief, Committee on Science: Ordered reported, as amended, Cyber Crime Section of the Cyber Division and Ar- H.R. 5143, H–Prize Act of 2006. nold Bell, Unit Chief, Innocent Images Unit, both Prior to this action, the Committee held a hearing with the FBI; and public witnesses. on the Role of the National Science Foundation in SEC INVESTOR PROTECTION K–12 Science and Math Education. Testimony was Committee on Financial Services: Held a hearing enti- heard from public witnesses. tled ‘‘Protecting Investors and Fostering Efficient SARBANES-OXLEY AND SMALLER Markets: A Review of the S.E.C. Agenda.’’ Testi- COMPANIES mony was heard from Christopher Cox, Chairman, Committee on Small Business: Held a hearing entitled SEC. ‘‘Sarbanes-Oxley Section 404: What Is the Proper NATO TRANSFORMATION Balance Between Investor Protection and Capital Committee on International Relations: Subcommittee on Formation for Smaller Public Companies?’’ Testi- Europe and Emerging Threats held a hearing on The mony was heard from Herbert S. Wander, Chairman, United States and NATO: Transformation and the SEC Advisory Committee on Smaller Public Compa- Riga Summit. Testimony was heard from Kurt nies; and public witnesses. Volker, Principal Deputy Assistant Secretary, Bureau RURAL TELECOMMUNICATIONS— of European and Eurasian Affairs, Department of UNIVERSAL SERVICE REFORM State; and Dan Fata, Deputy Assistant Secretary, Eu- ropean and NATO Affairs, Department of Defense. Committee on Small Business: Subcommittee on Rural Enterprises, Agriculture and Technology held a hear- MISCELLANEOUS MEASURES ing entitled ‘‘The Future of Rural Telecommuni- Committee on the Judiciary: Subcommittee on Crime, cations: Is Universal Service Reform Needed?’’ Testi- Terrorism, and Homeland Security approved for full mony was heard from Representative Terry; and Committee action the following bills: H.R. 4777, public witnesses. Internet Gambling Prohibition Act; and H.R. 5092, OVERSIGHT—MISHANDLED BAGGAGE Bureau of Alcohol, Tobacco, Firearms, and Explo- sives (BATFE) Modernization and Reform Act. Committee on Transportation and Infrastructure: Sub- The Subcommittee also held a hearing on the fol- committee on Aviation held an oversight hearing on lowing bills: H.R. 1384, Firearm Commerce Mod- Mishandled Baggage: Problems and Solutions. Testi- ernization Act; and H.R. 1415, NICS Improvement mony was heard from Samuel Podberesky, Assistant Act. Testimony was heard from Representatives General Counsel, Aviation Enforcement and Pro- Gingrey, King of Iowa; and McCarthy. ceedings, Department of Transportation; Charlotte Bryan, Acting Assistant Administrator, Transpor- FISHERIES MANAGEMENT tation Sector Network Management, Transportation Committee on Resources: Held a hearing on the fol- Security Administration, Department of Homeland lowing bills; H.R. 5018, American Fisheries Man- Security; and a public witness.

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Res. 1, proposing Medicare and Medicaid Services, Department of an amendment to the Constitution of the United States Health and Human Services; Beatrice Disman, relating to marriage, 9:30 a.m., SD–226. Chairman, Medicare Planning and Implementation Subcommittee on Constitution, Civil Rights and Prop- Task Force, SSA; and public witnesses. erty Rights, business meeting to consider pending cal- endar business, 1 p.m., SD–226. f Select Committee on Intelligence: to hold closed hearings to COMMITTEE MEETINGS FOR THURSDAY, examine certain intelligence matters, 2:30 p.m., SH–219. MAY 4, 2006 House (Committee meetings are open unless otherwise indicated) Committee on Appropriations, Subcommittee on Interior, Environment, and Related Agencies, to mark up the Inte- Senate rior, Environment, and Related Agencies Appropriations Committee on Appropriations: Subcommittee on Transpor- for Fiscal Year 2007, 10 a.m., B–308 Rayburn. tation, Treasury, the Judiciary, and Housing and Urban Subcommittee on Military Quality of Life, and Vet- Development, and Related Agencies, to hold hearings to erans Affairs, and Related Agencies, to mark up the Mili- examine proposed budget estimates for fiscal year 2007 tary Quality of Life, and Veterans Affairs, and Related for the Federal Aviation Administration, 9:30 a.m., Agencies Appropriations for Fiscal Year 2007, 1 p.m., SD–138. H–140 Capitol. Committee on Armed Services: closed business meeting to Committee on Education and the Workforce, Subcommittee mark up the proposed National Defense Authorization on Employer-Employee Relations, hearing entitled ‘‘Ex- Act for fiscal year 2007, 9:30 a.m., SR–222. amining the Impact of State Mandates on Employer-Pro- Committee on Banking, Housing, and Urban Affairs: busi- vided Health Insurance,’’ 10:30 a.m., 2175 Rayburn. ness meeting to mark up Financial Services Regulatory Committee on Energy and Commerce, hearing entitled Relief Act of 2006, 10:30 a.m., SD–538. ‘‘World Crude-Oil Pricing,’’ 10 a.m., 2123 Rayburn. Committee on Commerce, Science, and Transportation: Sub- Subcommittee on Health, hearing entitled ‘‘The Crit- committee on Surface Transportation and Merchant Ma- ical Role of Community Health Centers in Ensuring Ac- rine, to hold hearings to examine protecting consumers cess to Care,’’ 1 p.m., 2123 Rayburn. from fraudulent practices in the moving industry, 10 Committee on Government Reform, to consider the fol- a.m., SD–562. lowing: H.R. 4768, To designate the facility of the Subcommittee on Trade, Tourism, and Economic De- United States Postal Service located at 777 Corporation velopment, to hold hearings to examine promoting eco- Street in Beaver, Pennsylvania, as the ‘‘Robert Linn Me- nomic development opportunities through nano commer- morial Post Office Building;’’ H.R. 5086, To designate cialization, 2:30 p.m., SD–562. the facility of the United States Postal Service located at Committee on Energy and Natural Resources: to hold hear- 2633 11th Street in Rock Island, Illinois, as the ‘‘Lane ings to examine the nomination of Dirk Kempthorne, of Evans Post Office Building;’’ H.R. 5104, To designate Idaho, to be Secretary of the Interior, 10 a.m., SD–366. the facility of the United States Postal Service located at Committee on Foreign Relations: Subcommittee on African 1750 16th South in St. Petersburg, Florida, as the ‘‘Mor- Affairs, to hold hearings to examine housing and urban- ris W. Milton Postal Office;’’ H.R. 5245, To designate ization issues in Africa, 2:30 p.m., SD–419. the facility of the United States Postal Service located at Committee on the Judiciary: business meeting to consider 1 Marble Street in Fair Haven, Vermont, as the ‘‘Mat- the nominations of Norman Randy Smith, of Idaho, to be thew Lyon Post Office Building;’’ H. Res. 327, Sup- United States Circuit Judge for the Ninth Circuit, Brett porting the goals and ideals of National Passport Month; M. Kavanaugh, of Maryland, to be United States Circuit H. Res. 626, Congratulating Albert Pujols on being Judge for the District of Columbia Circuit, Milan D. named the Most Valuable Player for the National League Smith, Jr., of California, to be United States Circuit for the 2005 Major League Baseball season; H. Res. 627, Judge for the Ninth Circuit, Renee Marie Bumb, Noel Congratulating Chris Carpenter on being named the Cy Lawrence Hillman, Peter G. Sheridan, and Susan Davis Young Award winner for the National League for the Wigenton, each to be a United States District Judge for 2005 Major League Baseball season; H. Res. 729, Sup- the District of New Jersey, S. 2453, to establish proce- porting National Tourism Week; H. Res. 753, Com- dures for the review of electronic surveillance programs, mending American craft brewers; H. Res. 763, Sup- S. 2455, to provide in statute for the conduct of elec- porting the goals and ideals of a National Children and tronic surveillance of suspected terrorists for the purposes Families Day, in order to encourage adults in the United of protecting the American people, the Nation, and its States to support and listen to children and to help chil- interests from terrorist attack while ensuring that the dren throughout the Nation achieve their hopes and

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dreams; H. Res. 773, Commending the American Jewish Subcommittee on Immigration, Border Security, and Committee for its century of leadership; a resolution Sup- Claims, oversight hearing on the Energy Employee Occu- porting the goals and ideals of Peace Officers Memorial pation Illness Compensation Program Act, 11:30 a.m., Day; and H. Res. 752, Requesting the President to trans- 2141 Rayburn. mit to the House of Representatives not later than 14 Committee on Resources, Subcommittee on Energy and days after the date of adoption of this resolution docu- Mineral Resources, oversight hearing on the Future of ments in the possession of the President relating to the Federal Coal: Status, Availability and Impact of Techno- receipt and consideration by the Executive Office of the logical Advances in Using Coal To Create Alternative En- President of any information concerning the variation be- ergy Resources, 10 a.m., 1324 Longworth. tween the version of S. 1932, the Deficit Reduction Act Subcommittee on Fisheries and Oceans, hearing on of 2005, that the House of Representatives passed on H.R. 3835, National Ocean Exploration Program Act, 2 February 1, 2006, and the version of the bill that the p.m., 1324 Longworth. President signed on February 8, 2006, followed by a Committee on Science, Subcommittee on Environment, hearing entitled ‘‘Sifting Through Katrina’s Legal Debris: Technology, and Standards, hearing on Improving Contracting in the Eye of the Storm,’’ 10 a.m., 2154 Drought Monitoring and Preparedness: H.R. 5136, Na- Rayburn. tional Integrated Drought Information System Act of Committee on Homeland Security, Subcommittee on Pre- 2006; followed by markup of H.R. 5136, 10 a.m., 2318 vention of Nuclear and Biological Attack, to continue Rayburn. hearings entitled ‘‘BioScience and the Intelligence Com- Committee on Transportation and Infrastructure, Sub- munity (Part II): Closing the Gap,’’ 2 p.m., 2212 Ray- committee on Water Resources and Environment, hearing burn. on The Chesapeake Bay Program Reauthorization; and Committee on International Relations, Subcommittee on H.R. 4126, Chesapeake Bay Restoration Enhancement Africa, Global Human Rights and International Oper- Act of 2005, 10 a.m., 2167 Rayburn. ations, hearing on Germany’s World Cup Brothels: Committee on Ways and Means, Subcommittee on 40,000 Women and Children at Risk of Exploitation Human Resources, hearing on Unemployment Compensa- through Trafficking, 2 p.m., 2172 Rayburn. tion Aspects of U.S. Department of Labor Fiscal Year Committee on the Judiciary, Subcommittee on the Con- 2007 Budget, 10 a.m., B–318 Rayburn. stitution, hearings on a measure to Reauthorize and Permanent Select Committee on Intelligence, hearing on Al- Amend the Voting Rights Act of 1965, Part 1, 9 a.m., Qaeda Use of Strategic Communications, 2:30 p.m., 1302 and Part II, 2 p.m., 2141 Rayburn. Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 4 10 a.m., Thursday, May 4

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 4954— morning business (not to extend beyond 60 minutes), SAFE Port Act (Subject to a Rule). Senate will continue consideration of H.R. 4939, Emer- gency Supplemental Appropriations, with votes on, or in relation to, Thune Amendment No. 3704 and Vitter Amendment No. 3728, followed by vote on final passage of the bill.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E691, E692, E694, E696, E697, E699, Lofgren, Zoe, Calif., E712, E713 E700, E701 McCarthy, Carolyn, N.Y., E703 Andrews, Robert E., N.J., E709 Green, Gene, Tex., E702 McCollum, Betty, Minn., E692, E696 Berman, Howard L., Calif., E702 Green, Mark, Wisc., E701 Maloney, Carolyn B., N.Y., E711 Boustany, Charles W., Jr., La., E704, E706 Gutknecht, Gil, Minn., E692, E696, E698 Moran, James P., Va., E702 Brown-Waite, Ginny, Fla., E703 Hastings, Alcee L., Fla., E710 Neal, Richard E., Mass., E693, E696 Higgins, Brian, N.Y., E704, E706 Camp, Dave, Mich., E700 Oxley, Michael G., Ohio, E713 Holt, Rush D., N.J., E714 Conyers, John, Jr., Mich., E710 Payne, Donald M., N.J., E702 Hooley, Darlene, Ore., E714 Costa, Jim, Calif., E708 Poe, Ted, Tex., E694, E697 Jindal, Bobby, La., E711 Davis, Danny K., Ill., E714 Kanjorski, Paul E., Pa., E692, E695, E698, E699 Porter, Jon C., Nev., E704, E705, E707, E711, E712 Dingell, John D., Mich., E701 Kildee, Dale E., Mich., E700, E711 Pryce, Deborah, Ohio, E708 Doyle, Michael F., Pa., E701 Kingston, Jack, Ga., E700 Rangel, Charles B., N.Y., E691, E694, E698, E699 Forbes, J. Randy, Va., E699, E703 Kirk, Mark Steven, Ill., E712 Scott, David, Ga., E710 Frank, Barney, Mass., E705 Kucinich, Dennis J., Ohio, E692, E696, E709 Skelton, Ike, Mo., E694, E697 Frelinghuysen, Rodney P., N.J., E712, E713, E714 Lee, Barbara, Calif., E707 Stearns, Cliff, Fla., E701 Gillmor, Paul E., Ohio, E703 Lewis, Jerry, Calif., E708 Towns, Edolphus, N.Y., E708 Gonzalez, Charles A., Tex., E704, E706 Lewis, Ron, Ky., E705, E707 Upton, Fred, Mich., E708

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